Concord City Council
April 22, 2025

Concord Police Department Military Equipment Report for 2025 17 12. Chemical Agents
a. Description, Quantity, Capabilities, and Purchase Cost:
• DefTech 1016- Pocket Tactical CS – Qty: 42. $19.40 per unit. The Pocket Tactical CS is small and lightweight. Emits CS for approximately 20-40 seconds. Used to provide a quick CS smoke screen as cover. • DefTech 1017- Pocket Tactical Saf-Smoke – Qty: 39. $17.95 per unit. The Pocket Tactical Saf-Smoke is small and lightweight. Emits smoke for approximately 20-40 seconds. Used to provide a quick smoke screen as cover.
• DefTech 1026- Pocket Chaser CS – Qty: 30. $37.05 per unit. The Triple- Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This is used to provide a large CS Smoke screen in an outdoor setting. Emits CS for approximately 30-40 seconds. • DefTech 1032- Flameless Tri-Chamber CS - Qty: 12. $31.95 per unit. The design of the Tri-Chamber Flameless CS allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The CS is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. It will deliver approximately .70 oz. of agent during its 20-25 second burn time.
• DefTech 1072- Spede Heat CS- Qty: 29. $27.80 per unit. The Spede-Heat™ CS is a high-volume device with continuous burn and expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. It is designed to be used outdoors.
• DefTech 1092- Han-Ball CS – Qty: 10. $29.80 per unit. Designed specifically for outdoor use in crowd management situations, the Han-Ball is a high volume, fast burning device that expels its payload in 10 - 25 seconds. It is excellent for the rapid delivery of chemical agent or smoke in quickly changing tactical situations. Due to the quick discharge time, throwback potential is greatly reduced.
• DefTech 1262- Ferrett 40mm CS Barricade Penetrating- Qty: 11. $19.65 per unit. The Ferret 40mm Round is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or submission of potentially violent or dangerous subjects.

Concord Police Department Military Equipment Report for 2025 18 • DefTech 2262- Ferrett 40mm CS- Qty: 125. $19.65 per unit. The Ferret 40mm Round is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or submission of potentially violent or dangerous subjects. • CTS 5230B- CS Baffled Grenade- Qty: 22. $45.20 per unit. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. b. Purpose:

Chemical agents are a minimal force option used to generate compliance and aid in the de-escalation of high-risk incidents. Depending upon the delivery method, this equipment can be introduced in proximity or from a distance. Based on the unique characteristics of each situation, trained/authorized officers will select the munition and deployment method which will be most effective and pose the least risk to all involved with the highest chance of success. Chemical agents can be used to saturate suspects, violent crowds, and/or areas of varied size, indoor and outdoor. c. Authorized Use:

Used exclusively by CPD SWAT officers who have received specialized California POST-certified training in the use of chemical agents. Chemical agents can dislodge a suspect from a stronghold location with the least possible danger to community members, officers and the suspect. Chemical agents can also be used to prevent an armed suspect from accurately firing at community members and officers, and during limited situations of civil unrest. CPD SWAT officers that have been certified as Chemical Agent Instructors after attending a 40-hour POST/CATO Chemical Agent Instructor Course give a minimum of 10 hours of annual training to CPD SWAT officers.
d. Expected Lifespan:

No shelf-life limitations provided by the manufacturer. Dependent upon operational usage and wear.
e. Fiscal Impact:

No annual maintenance cost for chemical agents. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of chemical agents may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2025 19 14. PepperBall Launcher and Projectiles
a. Description, Quantity, Capabilities, and Purchase Cost:

PepperBall Live and LiveX contains pelargonic acid vanillyl amide (PAVA), also referred to as Nonivamide, a capsaicinoid found in chili peppers that creates an unpleasant burning sensation.
• PepperBall VKS Launcher. Qty: 8. Cost $1300.00 per unit. The Variable Kinetic System (VKS) is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. Operates from an HPA tank air source and must be regularly refilled prior to use.
• PepperBall Inert Projectile – Qty: 500. Cost $0.80 per round. Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.

Maximum effective range is 60 feet.
• PepperBall Live Projectile – Qty: 500. Cost $2.58 per round. The basic PepperBall projectile contains 2% PAVA pepper powder, and is excellent for direct impact and area saturation, especially in confined, interior spaces.

Maximum effective range is 60 feet.
• PepperBall Glass Break – Qty: 20. Cost $2.45 per round. A solid polymer projectile used for breaking out residential windows and side-glass of automobiles. Not for use on humans or animals. Maximum effective range 60 feet.
• PepperBall VXR Inert – Qty: 20. Cost $3.10 per round. Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.

Maximum effective range is 150 feet.
• PepperBall VXR LiveX – Qty: 200 – Cost $4 per round. A more concentrated formula, containing approximately 10x the PAVA pepper powder of the LIVE projectile. Excellent for direct impact or area saturation. Maximum effective range is 150 feet.
b. Purpose:

To provide officers with a non-lethal force option to engage non-compliant or actively aggressive persons or animals at a distance. It may be used as a kinetic impact weapon with or without PAVA pepper powder projectiles, or to dispense PAVA without impacting an individual or animal. Use of this non-lethal force option would follow CPD Use of Force policy and CPD Control Devices and Techniques policy.

The department is currently undergoing training with this new equipment item. c. Authorized Use:

CPD officers who have been trained by the manufacturer to be Department Instructors will lead CPD officers through the 4-hour training and certification process prior to use. Any officer who has been trained and approved on the equipment may

Concord Police Department Military Equipment Report for 2025 20 use the equipment when such use is supported by CPD Use of Force policy and CPD Control Devices and Techniques policy. Training on the equipment will be in accordance with CPD’s less-lethal yearly training calendar. d. Expected Lifespan:

Estimated to be 15 years for the launchers, 5 years for training projectiles and an estimated 3 years for non-training projectiles.
e. Fiscal Impact:

No anticipated annual maintenance cost for the launchers. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2025 21 15. Kinetic Impact Launchers
a. Description, Quantity, Capabilities, and Purchase Cost:
• DefTech 1425 40mm launcher (one round capacity) with optic and flashlight attached. Qty: 16. Cost per unit $1550.00.
• DefTech 1440 40mm launcher (four round capacity) with optic and flashlight attached. Cost per unit $3350.00. Qty: 2.
• Penn Arms P540-1 40mm launcher (six round capacity) with optic and light attached. Qty: 1. Cost per unit $2000.00
• Remington 870 12-gauge shotgun equipped with orange stock. Qty: 5. Used to launch DefTech 3027 Drag Stabilized Less-Lethal Bean Bag rounds. Cost per unit $300.00.
b. Purpose:

To launch 40mm direct impact less lethal munitions by CPD officers or to launch 40mm chemical agent rounds by certified CPD SWAT officers in compliance with CPD Use of Force policy and CPD Control Devices and Techniques policy. c. Authorized Use:

Officers who are properly trained and certified through CPD in-service training in compliance with California POST training standards (2 hours every 2 years), may use the 40mm launcher to launch kinetic impact less lethal projectiles as a force option in accordance with CPD Use of Force policy. Situations in which this equipment may be used include but are not limited to temporarily incapacitate or discourage an aggressive, armed, and/or non-compliant individual or animal at a distance safer to the officer which provides the opportunity to de-escalate the situation and potentially avoid the use of lethal force.

CPD SWAT officers may use the launchers to launch either kinetic impact rounds or, if trained, launch chemical agents in accordance with CPD Use of Force policy and CPD Control Devices and Techniques policy.
d. Expected Lifespan:

Estimated to be 20 years for the DefTech launchers and unlimited for the Remington 870 Less Lethal impact weapons, both dependent upon operational usage and wear. e. Fiscal Impact:

No known recurring cost for launchers and an estimated $0.00 - $500.00 annual maintenance cost for the Remington 870 less lethal impact weapons. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2025 22 16. Kinetic Impact Munitions
a. Description, Quantity, Capabilities, and Purchase Cost:

Less-lethal rubber and sponge batons can assist officers with overcoming resistance from violent persons and aiding in the de-escalation of high-risk situations. • 40mm CTS 4557 Direct Impact Spin Stabilized Sponge Baton. Qty: 130.

Cost per unit $25.00.
• 40mm DefTech 3625 Direct Impact Spin Stabilized Sponge Baton. Qty: 8.

Cost per unit $25.00. In 2025, CPD plans to purchase an additional 250 sponge baton munitions with the estimated cost of $6250.00. • 12 gauge DefTech 3027 Drag Stabilized Less-Lethal Bean Bag rounds. Qty:

50. Cost per unit $5.
c. Purpose:

CPD is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.

Kinetic impact munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. d. Authorized Use:

Officers who are properly trained may use the 37mm or 40mm launcher to launch kinetic impact less lethal projectiles as a use of force option and in accordance with CPD Use of Force policy and CPD Control Devices and Techniques policy. e. Expected Lifespan:

No shelf life limitations provided by the manufacturer. Dependent upon operational usage and wear.
f. Fiscal Impact:

No known maintenance cost for the munitions. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2025 23 17. Long Range Acoustic Device
a. Description, Quantity, Capabilities, and Purchase Cost:

Genasys LRAD-100X. Qty: 1. Cost per unit $15,000. The LRAD 100X is a self- contained, hand portable loud hailer that is 20-30 decibels (dB) louder than most megaphones. It provides clear communication at up to 1000 meters, 136dB maximum continuous output at 1 meter, and the ability to overcome 88 dB of background noise at 250 meters.
b. Purpose:

The CPD Crisis Negations Team uses the LRAD to establish communication with individuals who may be barricaded or are otherwise unable to be reached with a conventional public address system. This equipment is also used during high-risk situations such as search warrants where communications and notifications to the occupants of a structure are paramount.
c. Authorized Use:

CPD Crisis Negotiations team members take part in monthly department training ranging between an estimated 60-120 hours per calendar year. The use of the LRAD is reserved for these team members and training on the use of the LRAD is led and managed internally by team supervisors. The use of the LRAD is approved in training and during high-risk situations where the use of the LRAD for communications and notifications is appropriate as determined by the high-risk incident being managed by the Tactical/Incident Commander and normally attached to SWAT Missions as outlined in CPD policy.
d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear. e. Fiscal Impact:

There are no anticipated recurring costs associated with this equipment item.

Concord Police Department Military Equipment Report for 2025 24 Community Concerns and Complaints
In some instances, the possession and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions and/or complaints regarding the Concord Police Department’s possession and use of military equipment are addressed.

The Concord Police Department is committed to full and fair investigations of community complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.

In March of 2022, the Concord Police Department published its proposed Military Equipment Use Policy on its website along with its first annual report. It also held a community meeting on March 24, 2022, to discuss its new proposed policy and presented its inventory of equipment.

On September 27, 2022, the Concord Police Department reported to the Concord City Council and community about its use of UAV’s since the program went live in March 2022.

In March of 2025, The Concord Police Department published its report on the use of Military Equipment on its website and held a community meeting to discuss the report and solicit community feedback on March 27, 2025.

Community concerns and complaints can be received via the Department’s website, in- person at the police department or in the field during police contacts, telephone, emails and social media.

Since the adoption of Ordinance 22-6, CPD Policy 706 and 2022 Report, CPD has received no complaints and has had no internal investigations related to the use of the military equipment.

Concord Police Department Military Equipment Report for 2025 25 Crisis Response Unit Usage
The Crisis Response Unit (CRU) is comprised of two specialized teams: The Special Weapons and Tactics Team (SWAT) and the Crisis Negotiation Team (CNT). The unit has been established to provide specialized support in handling critical field operations where intense negotiations and/or special tactical deployment methods beyond the capacity of patrol officers appear to be necessary. While referred to as different “teams” both SWAT and CNT are in fact components of the CRU.

The Concord Police Department SWAT team is a designated part-time unit of personnel that is specifically trained and equipped to work as a coordinated team to resolve critical incidents that are so hazardous, complex, or unusual that they may exceed the capabilities of patrol officers or investigative units. This includes, but is not limited to: hostage taking, barricaded persons, snipers, terrorist acts and other high-risk incidents. This team may be used to serve high-risk warrants, both search and arrest, where public and officer safety issues warrant the use of such a unit.

The Concord Police Department Crisis Negotiations Team provides skilled verbal communicators who may be utilized to attempt to de-escalate and effect surrender in critical situations where suspects have taken hostages, barricaded themselves, or have suicidal tendencies, or other situations where deemed appropriate.

Op Date Case Crime Equipment Used Mission
24-001 4/3/24 24-03497 VSU
Firearms/Narcotics
Sales
Rifle, KBT High risk search warrant
24-002 4/18/24 24-03997 245 gun Rifles, shields,
breaching tools
High risk warrant service
on gang shooting
24-003 7/21/24 24-07917 245/273.5 Rifle, armored
vehicle, shield, K9,
40mm less lethal
Armed barricaded suspect
24-004 8/13/24 24-08767 422/273.5 Rifles, armored
vehicle, shield, K9,
40mm less lethal
Active barricaded suspect
24-005 10/3/24 24-09788 245 shooting Armored vehicles,
drone, shield, 40mm
less lethal
High risk search warrant -
shooting
24-006 10/15/24 24-08656 245 shooting Rifle, shield, 40mm less lethal, KBT
High risk search warrant -
shooting

Concord Police Department Military Equipment Report for 2025 26 24-007 11/26/24 24-11840 211 Armored van, shields,
40mm less lethal,
breaching tools
High risk search and arrest
warrants
Unmanned Aerial Vehicle (Drone) Flights
During 2024, the Concord Police Department operated 16 UAVs, which are also known as small unmanned aircraft systems (sUAS), or more commonly “drones,” on active calls for service.

These flights fall under CPD’s Policy 606.

All CPD officers piloting UAVs are licensed and fly under the authority of FAA 14 CFR Part 107 (Commercial Operators). During 2024, CPD had 14 UAV operators.

During 2024, the following UAV were in CPD’s inventory:

Qty Brand Model Use
6 Autel EVO
2/Max4T
Exterior Search
2 Brinc Lemur Interior Search with 2-way communication
2 Brinc Lemur 2 Interior search w/2-way communication + glass breaker 4 Sky Hero Loki MkII Interior Search
2 Emax TinyHawk III Interior Training
The different types of UAVs fulfill specific requirements based upon the type of flight. For instance, the Autel EVO 2 is an exterior search drone that can operate outside and complies with FAA guidelines and is able to navigate with wind and other obstacles encountered outdoors.

The Brinc Lemur/Lemur2 is designed to fly indoors and allows for 2-way communication between officers and persons inside a structure, while the Loki MkII is much smaller and can fly in tight quarters such as underneath a sofa or bed.

UAVs are rapidly evolving in design with the technology and features changing and being updated regularly. For CPD to maintain a current and robust program, it will need to adopt new technology as it becomes available and cycle out the old, with obsolete units either being traded-in to the manufacturer or relegated to a training platform.

Many single incidents or calls for service have multiple flights due to the device’s battery life or a mechanical issue. This list does not include training flights, test flights, or public demonstrations, but flights on actual calls for service.

Concord Police Department Military Equipment Report for 2025 27 2024 Concord Police Department UAV Flights on Calls for Service (Exhaustive List):

Flight
Date/Time
Flight Description Takeoff Address
12/27/2024
14:44
24-14008. 415/422. exterior drone flight for
barricaded suspect.
4100 Block, Huckleberry Dr,
Concord, CA 94521, USA
12/27/2024
14:38
24-14008. 415/422. exterior drone flight for
barricaded suspect.
4100 Block, Huckleberry Dr,
Concord, CA 94521, USA
12/27/2024
13:33
24-14008. 415/422. exterior drone flight for
barricaded suspect.
4100 Block, Huckleberry Dr,
Concord, CA 94521, USA
12/27/2024
12:55
24-14008. 415/422. exterior drone flight for
barricaded suspect.
4100 Block, Huckleberry Dr,
Concord, CA 94521, USA
12/27/2024
12:15
24-14008. 415/422. exterior drone flight for
barricaded suspect.
4100 Block, Huckleberry Dr,
Concord, CA 94521, USA
12/27/2024
11:57
24-14008. 415/422. exterior drone flight for
barricaded suspect.
4100 Block, Huckleberry Dr,
Concord, CA 94521, USA
12/25/2024
5:41
Checking a roof for footsteps heard. 820 Block, Oak Grove Rd, Concord, CA 94518, USA
12/24/2024
1:25
24-13930. commercial burglary. used drone
to check for any roof access.
12/17/2024
22:45
Search for missing elderly adult. 24-13698 1000 Block, Mohr Ln, Concord, CA 94518, USA
12/17/2024
17:58
Overwatch for suicidal male with a gun. 24-
13686
5100 Block, Montecito Dr,
Concord, CA 94521, USA
12/17/2024
17:24
Overwatch for suicidal male with a gun. 24-
13686
5100 Montecito Dr, Concord,
CA 94521, USA
12/11/2024
14:26
24-13436 follow up / over watch for murder
investigation
100 Block, Maher Ct, Vallejo,
CA 94591, USA
12/11/2024
14:22
24-13436 follow up / over watch for murder
investigation
100 Block, Maher Ct, Vallejo,
CA 94591, USA
12/10/2024
21:17
Area check for murder suspect. 24-13436 1000 Block, Oak Grove Rd, Concord, CA 94518, USA
12/10/2024
13:27
24-13424 Clearing roof of school for bomb
threat
Treat Blvd/Winton Dr, Concord,
CA 94518, USA
12/10/2024
13:07
24-13424 Clearing roof of school for bomb
threat
Treat Blvd/Winton Dr, Concord,
CA 94518, USA
12/9/2024
21:15
24-13405. area check suspect on foot fled
residence.
1600 Block, McCarl Ln,
Concord, CA 94519, USA
12/9/2024
14:56
Area check for stolen golf carts taken from the
Pavilion
2200 Block, Flagstone Way,
Concord, CA 94521, USA
12/6/2024
13:59
CH 088 Overwatch for Sacramento SWAT
search warrant.
1600 Block, Monument Blvd,
Concord, CA 94520, USA
12/6/2024
13:59
CH 088 Overwatch for Sacramento SWAT
search warrant.
1600 Block, Monument Blvd,
Concord, CA 94520, USA
12/6/2024
0:37
Search of property for trespasser. 1200 Block, Franquette Ave A, Concord, CA 94520, USA
12/4/2024
0:41
24-13197. Search of secure yard for suspects
seen on camera.
1000 Block, Detroit Ave,
Concord, CA 94518, USA

Concord Police Department Military Equipment Report for 2025 28 12/2/2024
16:05
24-13140 Aerial search for Suspect who fled
officer on foot through the canal.
1200 Block, Willow Pass Rd,
Concord, CA 94520, USA
12/2/2024
15:58
24-13140 Aerial search for Suspect who fled
officers on foot through the canal.
1200 Block, Diamond Way,
Concord, CA 94520, USA
11/29/2024
21:22
Area check related to interrupted residential
burglary 24-13043
5700 Block, Lewis Way,
Concord, CA 94521, USA
11/29/2024
21:22
Area check related to interrupted residential
burglary 24-13043
5700 Block, Lewis Way,
Concord, CA 94521, USA
11/28/2024
22:02
Overwatch for subject known to fight and flee.
24-13012
2700 Block, Clayton Rd,
Concord, CA 94519, USA
11/28/2024
16:05
Welfare check, search for suicidal subject. 3500 Block, Wren Ave, Concord, CA 94519, USA
11/27/2024
13:17
Search for stolen vehicle used in robbery at
SV Mall
1700 Block, Schooner Way,
Pittsburg, CA 94565, USA
11/27/2024
12:49
Search for stolen vehicle related to mall
robbery
1500 Willow Pass Rd, Bay
Point, CA 94565, USA
11/27/2024
12:49
Search for stolen vehicle used in SV Mall
Robbery
1500 Willow Pass Rd, Bay
Point, CA 94565, USA
11/27/2024
12:48
Search for stolen vehicle related to mall
robbery
1500 Block, Willow Pass Rd,
Bay Point, CA 94565, USA
11/26/2024
20:57
Search for foot bail from stolen vehicle
pursuit. 24-12940
1500 Block, Monument Blvd,
Concord, CA 94520, USA
11/20/2024
23:28
Area check for a man with a gun. 1600 Block, Broadway St, Concord, CA 94520, USA
11/12/2024
22:57
24-12401. stolen vehicle recovery. 2000 Block, Commerce Ave, Concord, CA 94520, USA
11/7/2024
23:55
pursuit footbail. area check 340 Block, Sun Valley Mall, Concord, CA 94520, USA
11/2/2024
21:24
Missing person 2500 Block, Park Ave, Concord,
CA 94520, USA
10/31/2024
10:02
Overwatch for search warrant execution for
VSU.
40 Block, Mims Ave, Bay Point,
CA 94565, USA
10/30/2024
2:27
Overwatch for vehicle involved in brandishing
a weapon
4400 Block, Clayton Rd,
Concord, CA 94521, USA
10/30/2024
1:35
24-11913. Overwatch for vehicle involved in
brandishing a weapon
4400 Block, Clayton Rd,
Concord, CA 94521, USA
10/26/2024
19:48
Missing person 1000 Block, Mohr Ln, Concord,
CA 94518, USA
10/17/2024
19:56
24-11419 Overwatch for suspicious person
possibly armed with a firearm.
1800 Block, San Vincente Dr,
Concord, CA 94519, USA
10/16/2024
12:29
24-10745 Aerial surveillance and overwatch
for a search warrant operation.
1500 Block, Ellis St, Concord,
CA 94520, USA
10/16/2024
12:25
24-10745 Aerial surveillance and overwatch
for a search warrant operation.
1400 Block, Ellis St, Concord,
CA 94520, USA
10/11/2024
21:04
24-09764, Over Watch for search warrant
related to commercial burglary.
3800 Block, Decoto Rd,
Fremont, CA 94555, USA
10/11/2024
20:42
24-09764, Over Watch for search warrant
related to commercial burglary.
3800 Block, Decoto Rd,
Fremont, CA 94555, USA
10/11/2024
17:57
24-09764, Over Watch for search warrant
related to commercial burglary.
1600 Block, Pala Ranch Cir,
San Jose, CA 95133, USA

Concord Police Department Military Equipment Report for 2025 29 10/10/2024
4:05
24-11098 Evidence photos related to
commercial burglary.
1600 Block, Monument Blvd,
Concord, CA 94520, USA
10/9/2024
14:53
CH 190 - Outside assist for CHP, report of a
jumper on the freeway overpass. UTL
1400 Block, Concord Ave,
Concord, CA 94520, USA
10/8/2024
1:45
Search for occupants of dumped 10851, 24-
11002
1800 Block, Ascot Ct, Concord,
CA 94520, USA
10/6/2024
23:04
24-10960 Evidence photos for murder
investigation
2800 Block, Grant St, Concord,
CA 94520, USA
10/6/2024
20:59
Overhead surveillance of murder suspect 24-
10960
2800 Block, Glenside Dr,
Concord, CA 94520, USA
10/6/2024
20:42
Overwatch for murder suspect within a
residence.
2000 Block, Overhill Rd,
Concord, CA 94520, USA
10/6/2024
20:12
Overwatch for murder suspect within a
residence
2000 Block, Overhill Rd,
Concord, CA 94520, USA
10/5/2024
23:30
24-10940 Flight at request of CFD to scout
for hotspots in a structure fire at a strip mall.
1700 Block, Willow Pass Rd,
Concord, CA 94520, USA
10/5/2024
21:52
24-10935 Overwatch operations on a
suspected shooting.
4300 Block, Clayton Rd,
Concord, CA 94521, USA
10/5/2024
21:41
Overwatch for a report of shots fired within a
residence
4300 Block, Clayton Rd,
Concord, CA 94521, USA
10/5/2024
21:32
24-10935 Overwatch operations on a
suspected shooting.
4300 Block, Clayton Rd,
Concord, CA 94521, USA
10/5/2024
21:26
Overwatch for report of shots fired within a
residence.
4300 Block, Clayton Rd,
Concord, CA 94521, USA
10/3/2024
8:25
Over watch for SWAT Op related to shooting.
24-9788
4000 Block, Canyon Way,
Pittsburg, CA 94565, USA
10/3/2024
8:06
24-09788, overhead surveillance for SWAT
deployment
4000 Block, Canyon Way,
Pittsburg, CA 94565, USA
9/24/2024
19:40
surveillance of shooting suspect for Det.

Demott. In relation to 24-09788
4400 Block, Valle Vista,
Pittsburg, CA 94565, USA
9/24/2024
19:03
surveillance of shooting suspect for Det.

Demott. In relation to 24-09788
4400 Block, Valle Vista,
Pittsburg, CA 94565, USA
9/24/2024
17:21
surveillance of shooting suspect for Det.

Demott. In relation to 24-09788
4400 Block, Valle Vista,
Pittsburg, CA 94565, USA
9/19/2024
0:33
Search for motorcyclist who fled from a traffic
stop, 24-10257
3900 Block, Northwood Dr.,
Concord, CA 94520, USA
9/8/2024
2:57
24-09788. Overhead video of shooting scene. 1900 Block, Salvio St, Concord, CA 94520, USA
9/8/2024
2:24
24-09788. Overhead video of shooting scene. 1900 Block, Salvio St, Concord, CA 94520, USA
8/19/2024
11:34
Ch 116- Outside assist for Clayton PD to find
injured hiker in Lydia Lane Park
1 Block, Rachel Ranch Ct,
Clayton, CA 94517, USA
8/18/2024
18:50
Used drone to successfully monitor dementia
victim wielding a butcher knife.
4800 Block, Geneva Ave,
Concord, CA 94521, USA
8/18/2024
18:41
Used drone to successfully detain person with
dementia who was holding a butcher knife.
4800 Block, Geneva Ave,
Concord, CA 94521, USA
8/13/2024
13:57
24-8767, Over watch for domestic violence
subject armed with a firearm.
3500 Block, Euclid Ave,
Concord, CA 94519, USA
8/13/2024
13:39
24-08767: Overwatch for an armed DV
suspect
3500 Block, Euclid Ave,
Concord, CA 94519, USA

Concord Police Department Military Equipment Report for 2025 30 8/13/2024
13:39
24-08767: Overwatch for an armed DV
suspect
3500 Block, Euclid Ave,
Concord, CA 94519, USA
8/13/2024
13:21
24-08767: Over watch for an armed DV
suspect
3500 Block, Euclid Ave,
Concord, CA 94519, USA
8/13/2024
12:58
24-08767: Overwatch for an armed DV
suspect
3500 Block, Euclid Ave,
Concord, CA 94519, USA
8/13/2024
12:58
24-08767: Overwatch for an armed DV
suspect
3500 Block, Euclid Ave,
Concord, CA 94519, USA
8/11/2024
2:15
24-08671 Aerial check of canal for vehicle
reported to have crashed into the canal.
1000 Block, Mohr Ln, Concord,
CA 94518, USA
8/10/2024
23:45
2408100254 Aerial search for juvenile in the
area who reported that he was lost then ran
away from R/P.
70 Block, Mt Rushmore Pl,
Clayton, CA 94517, USA
8/10/2024
23:30
2408100254 Aerial search for juvenile in the
area who reported that he was lost then ran
away from R/P.
70 Block, Mt Rushmore Pl,
Clayton, CA 94517, USA
8/10/2024
23:24
Assisted Clayton PD with searching for a
missing child.
70 Block, Mt Rushmore Pl,
Clayton, CA 94517, USA
8/10/2024
23:22
2408100254 Aerial search for juvenile in the
area who reported that he was lost then ran
away from R/P.
70 Block, Mt Rushmore Pl,
Clayton, CA 94517, USA
8/6/2024
2:10
24-08466, search for suspects following foot
bail from a stolen vehicle.
4000 Block, Evora Rd,
Concord, CA 94520, USA
8/6/2024
1:47
24-08466, search for suspects following foot
bail from a stolen vehicle.
4000 Block, Evora Rd,
Concord, CA 94520, USA
8/5/2024
12:50
24-08445, overwatch for a male sleeping with
a firearm beside him
1900 Block, Parkside Dr,
Concord, CA 94519, USA
7/20/2024
9:06
24-07860 SAR: Aerial search for special
needs missing person.
500 Block, Kaiser Quarry Rd,
Concord, CA 94521, USA
7/20/2024
8:54
24-07860 SAR: Aerial search for special
needs missing person.
5500 Block, Vía Ensenada,
Concord, CA 94521, USA
7/20/2024
8:29
24-07860 SAR: Aerial search for special
needs missing person.
500 Block, Mitchell Canyon Rd,
Clayton, CA 94517, USA
7/20/2024
7:51
24-07860 SAR: Aerial search for special
needs missing person.
5700 Block, Lewis Way,
Concord, CA 94521, USA
7/20/2024
7:36
24-07860 SAR: Aerial search for special
needs missing person.
1100 Block, Ironwood Way,
Concord, CA 94521, USA
7/20/2024
7:17
24-07860 SAR: Aerial search for special
needs missing person.
1100 Block, Froyd Rd, Concord,
CA 94521, USA
7/20/2024
0:27
24-07860 SAR: Aerial search for special
needs missing person.
1100 Block, Krona Ln, Concord,
CA 94521, USA
7/19/2024
23:55
24-07860 SAR: Aerial search for special
needs missing person.
4700 Block, Ygnacio Valley Rd,
Concord, CA 94521, USA
7/19/2024
23:45
24-07860 SAR: Aerial search for special
needs missing person.
4700 Block, Ygnacio Valley Rd,
Concord, CA 94521, USA
7/19/2024
23:36
24-07860 SAR: Aerial search for special
needs missing person.
4700 Block, Ygnacio Valley Rd,
Concord, CA 94521, USA
7/19/2024
23:32
24-07860 SAR: Aerial search for special
needs missing person.
90 Block, Mitchell Canyon Rd,
Clayton, CA 94517, USA

Concord Police Department Military Equipment Report for 2025 31 7/18/2024
1:33
24-07769 overwatch for a man with a gun 4300 Block, Clayton Rd, Concord, CA 94521, USA
7/18/2024
1:27
24-07769 overwatch for a man with a gun Clayton Rd And Glazier Dr, Concord, CA 94521, USA
7/15/2024
22:35
area check for someone heard screaming in
area of trail. no one located.
900 Block, Vía Montanas,
Concord, CA 94518, USA
7/13/2024
18:14
Man with gun who ran into a house and
provided air support for on scene units
1500 Block, Glazier Dr,
Concord, CA 94521, USA
7/13/2024
17:48
Man with a gun running into house. Drone
provided air support
1500 Block, Glazier Dr,
Concord, CA 94521, USA
7/12/2024
11:25
24-07552 Yard search for suspects related to
felony vehicle
2800 Block, Euclid Ave,
Concord, CA 94519, USA
7/12/2024
11:03
24-07552 Yard search for suspects related to
felony vehicle
2800 Block, Euclid Ave,
Concord, CA 94519, USA
7/11/2024
10:38
Search for at Risk missing person, 24-7512 3200 Block, Maria Ct, Concord, CA 94518, USA
7/10/2024
0:37
attempted visual inside residence windows for
welfare check for elderly female not
answering door and had fallen previously
3700 Block, Willow Pass Rd,
Concord, CA 94519, USA
7/9/2024
14:22
24-7438 Following shoplift suspect from Ulta 1900 Block, Diamond Blvd, Concord, CA 94520, USA
7/9/2024
7:01
24-06625 Overwatch on search warrant
service
2900 Block, Treat Blvd STE G,
Concord, CA 94518, USA
7/8/2024
10:03
24-7390 - Over watch for suspect involved in
firing an assault rifle into the air.
100 Block, The Trees Dr,
Concord, CA 94518, USA
7/4/2024
23:06
CH 300 - Report of gun shots heard in the
area of Lime Ride Open space. Used the
drone to clear the area.
1200 Block, Mountain Side Ct,
Concord, CA 94521, USA
7/4/2024
21:46
CH 034 - Used drone to track ariel fireworks. 1100 Block, Turtle Rock Ln, Concord, CA 94521, USA
7/4/2024
21:15
CH 034 - Used drone to track ariel fireworks 3700 Block, Lindero Dr, Concord, CA 94519, USA
7/4/2024
21:01
CH 034 - Used drone to track Fireworks 1900 Block, Natoma Dr, Concord, CA 94519, USA
7/3/2024
9:05
Elderly Missing Person with Dementia left
home. Was located by patrol without further
incident. Case #24-07200
2200 Block, Monument Blvd,
Pleasant Hill, CA 94523, USA
7/2/2024
20:28
Fly over for grass fire in LimeRidge 1000 Block, Tilley Cir, Concord, CA 94518, USA
7/1/2024
1:36
Exterior search for potential rape suspect. . 2300 Block, Gehringer Dr, Concord, CA 94520, USA
7/1/2024
1:19
Exterior search for potential rape suspect. 2300 Block, Gehringer Dr, Concord, CA 94520, USA
6/21/2024
11:10
24-06577 search for robbery suspect 1600 Block, Waltham Rd, Concord, CA 94520, USA
6/21/2024
10:57
24-06577 search for robbery suspect 1600 Block, Waltham Rd, Concord, CA 94520, USA
6/21/2024
10:43
24-06577 search for robbery suspect 1600 Block, Waltham Rd, Concord, CA 94520, USA

Concord Police Department Military Equipment Report for 2025 32 6/21/2024
10:43
24-06577 search for robbery suspect 1600 Block, Waltham Rd, Concord, CA 94520, USA
6/19/2024
12:17
24-06577 search for robbery suspect 1700 Block, Market St, Concord, CA 94520, USA
6/19/2024
12:05
24-06577 search for robbery suspect 1700 Block, Market St, Concord, CA 94520, USA
6/19/2024
11:44
24-06577 search for robbery suspect 1700 Block, Market St, Concord, CA 94520, USA
6/19/2024
11:43
24-06577 search for robbery suspect 1700 Block, Market St, Concord, CA 94520, USA
6/19/2024
11:22
24-06577 search for robbery suspect 1700 Block, Market St, Concord, CA 94520, USA
6/19/2024
10:41
24-06577 search for robbery suspect 1800 Block, Belmont Rd, Concord, CA 94520, USA
6/14/2024
0:21
Search for trespasser 1900 Block, Market St,
Concord, CA 94520, USA
6/11/2024
12:20
24-6266 Search for auto theft suspect 100 Block, Welcome Ave, Concord, CA 94518, USA
6/10/2024
21:54
24-6243. Overhead search of backyard for
felony suspect.
2400 Block, Jerilynn Dr,
Concord, CA 94519, USA
6/9/2024
2:51
Searching for possible DV victim that fled the
area
100 Block, Welcome Ave,
Concord, CA 94518, USA
6/9/2024
2:30
Searching for possible DV victim that fled
area
100 Block, Welcome Ave,
Concord, CA 94518, USA
6/8/2024
16:37
Missing person at risk from San Miguel 2700 Block, Systron Dr, Concord, CA 94518, USA
6/8/2024
16:22
Missing person at risk from San Miguel 2700 Block, Systron Dr, Concord, CA 94518, USA
6/8/2024
16:06
Missing person at risk from San Miguel 1000 Block, San Miguel Rd, Concord, CA 94518, USA
6/8/2024
15:44
Missing person at risk from San Miguel
Hospital
1000 Block, San Miguel Rd,
Concord, CA 94518, USA
6/2/2024
23:42
Missing person at risk of jumping into cars on
freeway.
2700 Block, Broadmoor Ave,
Concord, CA 94520, USA
6/2/2024
17:10
24-5911. Overhead search for felony DV
suspect in backyard.

Solano Way and Westgate Ave,
Concord, CA 94520, USA
6/2/2024
17:10
24-05911: Overhead search for felony DV
suspect in backyard.

Solano Way and Westgate Ave,
Concord, CA 94520, USA
6/2/2024
14:53
24-5904. Overhead search for felony ADW
suspect.
3300 Block, Port Chicago Hwy,
Concord, CA 94520, USA
6/2/2024
14:53
24-05904: Search for a 245 suspect 3300 Block, Port Chicago Hwy, Concord, CA 94520, USA
5/27/2024
19:13
24-05666 - armed barricaded suspect 3600 Block, Rosebrook Ct, Concord, CA 94518, USA
5/27/2024
19:13
24-05666 - armed barricaded suspect 3600 Block, Rosebrook Ct, Concord, CA 94518, USA
5/27/2024
18:51
24-05666 - armed barricaded suspect 3600 Block, Rosebrook Ct, Concord, CA 94518, USA
5/27/2024
18:41
24-05666 - armed barricaded suspect 3600 Block, Rosebrook Ct, Concord, CA 94518, USA

Concord Police Department Military Equipment Report for 2025 33 5/27/2024
18:41
24-05666 - armed barricaded suspect 3600 Block, Rosebrook Ct, Concord, CA 94518, USA
5/27/2024
18:31
24-05666 - armed barricaded suspect 3600 Block, Rosebrook Ct, Concord, CA 94518, USA
5/25/2024
10:44
24-5581. Overhead footage of collision. Clayton Rd/Denkinger Ct, Concord, CA 94521, USA
5/25/2024
10:44
24-5581. Overhead footage of collision. Clayton Rd/Denkinger Ct, Concord, CA 94521, USA
5/23/2024
23:04
24-5540. Overhead search of occupied
vehicle with non-compliant subject inside
1600 Block, Laguna St,
Concord, CA 94520, USA
5/23/2024
23:04
24-5540. Overhead search of occupied
vehicle with non-compliant subject inside.
1600 Block, Laguna St,
Concord, CA 94520, USA
5/15/2024
21:56
CH# 344. Searching back lot for audible
alarm.
2200 Block, Commerce Ave,
Concord, CA 94520, USA
5/15/2024
21:56
CH# 344. Searching back lot for audible
alarm.
2200 Block, Commerce Ave,
Concord, CA 94520, USA
5/4/2024
18:29
24-04730 Overwatch operations for a felony
suspect barricaded in a vehicle.
1400 Block, Del Rio Cir,
Concord, CA 94518, USA
5/4/2024
18:21
24-04730 Overwatch operations for a felony
suspect barricaded in a vehicle.
1400 Block, Del Rio Cir,
Concord, CA 94518, USA
5/4/2024
18:01
24-04730 Overwatch operations for a felony
suspect barricaded in a vehicle.
1400 Block, Del Rio Cir,
Concord, CA 94518, USA
5/4/2024
18:01
24-04730 Overwatch operations for a felony
suspect barricaded in a vehicle.
1400 Block, Del Rio Cir,
Concord, CA 94518, USA
5/2/2024
17:18
24-04665: OUTSIDE ASSIST OVERWATCH 3100 Block, The Alameda, Concord, CA 94519, USA
5/2/2024
17:18
24-04665: Outside assist provided overwatch
for CPD & CHP
3100 Block, The Alameda,
Concord, CA 94519, USA
4/28/2024
23:44
Searching for man with a gun enroute to his
girlfriend's house
San Miguel Rd and Tioga Rd,
Concord, CA 94518, USA
4/28/2024
22:04
Searching for man with a gun enroute to his
girlfriend's house
Systron Dr and Monument Blvd,
Concord, CA 94518, USA
4/25/2024
12:21
Overwatch on warrant service. Case 24-
03169
1700 Block, Diane Ct, Concord,
CA 94520, USA
4/21/2024
18:09
2404210161 Outside assist for WCPD. Aerial
check for a stolen vehicle.
1300 Block, Cornwall Ct,
Walnut Creek, CA 94597, USA
4/21/2024
17:59
2404210161 Outside assist for WCPD. Aerial
check for a stolen vehicle.
1300 Block, Cornwall Ct,
Walnut Creek, CA 94597, USA
4/21/2024
17:56
2404210161 Outside assist for WCPD. Aerial
check for a stolen vehicle.
1300 Block, Cornwall Ct,
Walnut Creek, CA 94597, USA
4/21/2024
17:56
2404210161 Outside assist for WCPD. Aerial
check for a stolen vehicle.
1300 Block, Cornwall Ct,
Walnut Creek, CA 94597, USA
4/21/2024
12:50
2404210095 Checked roof on an alarm call
(Roof activation).
2800 Block, Willow Pass Rd,
Concord, CA 94519, USA
4/18/2024
12:58
Overwatch on warrant service at 48 Lodge
Dr. Case 24-03997
1100 Block, Meadow Ln Ste A,
Concord, CA 94520, USA
4/18/2024
12:31
Overwatch on warrant service at 48 Lodge
Dr. Case 24-03997
1100 Block, Meadow Ln Ste A,
Concord, CA 94520, USA
4/18/2024
12:06
Overwatch on warrant service at 48 Lodge
Dr. Case 24-03997
1100 Block, Meadow Ln,
Concord, CA 94520, USA

Concord Police Department Military Equipment Report for 2025 34 4/18/2024
11:35
Overwatch on warrant service at 48 Lodge
Dr. Case 24-03997
1100 Block, Meadow Ln,
Concord, CA 94520, USA
4/14/2024
13:45
CH#2404140115. Search for possibly missing
juvenile.
950 Block, Rolling Woods Way,
Concord, CA 94521, USA
4/14/2024
13:45
CH#2404140115. Search for possibly missing
juvenile.
950 Block, Rolling Woods Way,
Concord, CA 94521, USA
4/10/2024
1:00
24-03714. Exterior search for stabbing
suspect.
2700 Block, Grant St, Concord,
CA 94520, USA
4/10/2024
1:00
24-03714. Exterior search for stabbing
suspect.
2700 Block, Grant St, Concord,
CA 94520, USA
4/10/2024
0:38
24-03714. Exterior search for stabbing
suspect.
2700 Block, Grant St, Concord,
CA 94520, USA
4/10/2024
0:38
24-03714. Exterior search for stabbing
suspect.
2700 Block, Grant St, Concord,
CA 94520, USA
4/3/2024
11:30
Overview for search warrant execution 24-
03497
3500 Block, Purley Ln,
Concord, CA 94519, USA
4/3/2024
11:30
Overview for search warrant execution 24-
03497
3500 Block, Purley Ln,
Concord, CA 94519, USA
4/3/2024
11:01
Overview for search warrant execution 24-
03497
3500 Block, Purley Ln,
Concord, CA 94519, USA
4/3/2024
11:01
Overview for search warrant execution 24-
03497
3500 Block, Purley Ln,
Concord, CA 94519, USA
4/1/2024
17:53
24-03417. fraud suspect fled into canal area. Willow Pass Rd & Market St, Concord, CA 94520, USA
3/30/2024
18:47
2403300169 Aerial search for juvenile who
left a residence.
3700 Block, Clear Springs Ct,
Concord, CA 94518, USA
3/30/2024
18:44
2403300169 Aerial search for juvenile who
left a residence.
3700 Block, Clear Springs Ct,
Concord, CA 94518, USA
3/30/2024
18:44
2403300169 Aerial search for juvenile who
left a residence.
3700 Block, Clear Springs Ct,
Concord, CA 94518, USA
3/26/2024
22:40
24-3192. Exterior search for armed suspect
that fled from CPD Officers. Drone located
two suspected hiding between vehicles.
1100 Block, Lacey Ln, Concord,
CA 94520, USA
3/25/2024
23:06
24-3144. Exterior search for at risk missing
juvenile.
1600 Block, Claycord Ave,
Concord, CA 94521, USA
3/25/2024
23:06
24-3144. Exterior search for at risk missing
juvenile.
1600 Block, Claycord Ave,
Concord, CA 94521, USA
3/25/2024
22:32
24-3144. Exterior search for at risk missing
juvenile
1600 Block, Claycord Ave,
Concord, CA 94521, USA
3/25/2024
21:30
24-3144. Exterior search for at risk missing
juvenile
1600 Block, Claycord Ave,
Concord, CA 94521, USA
3/25/2024
19:17
24-03143. stolen vehicle recovery. overwatch
for suspects associated to vehicles.
340 Block, Sun Valley Mall,
Concord, CA 94520, USA
3/22/2024
0:33
24-2998. Exterior search for a trespassing
suspect. Suspect was located by drone.
1000 Block, Concord Ave,
Concord, CA 94520, USA
3/22/2024
0:33
24-2998. Exterior flight for a male on the roof
of a closed business.
1000 Block, Concord Ave,
Concord, CA 94520, USA
3/13/2024
19:23
24-2662. Exterior flight to search for a
shooting suspect/victim.
1100 Block, Virginia Ln,
Concord, CA 94520, USA

Concord Police Department Military Equipment Report for 2025 35 3/13/2024
19:23
24-2662. Exterior flight for a shooting
suspect/victim.
1100 Block, Virginia Ln,
Concord, CA 94520, USA
3/10/2024
14:06
24-02522 Aerial footage of the scene of a
vehicle vs pedestrian collision.
2100 Block, Northwood Cir,
Concord, CA 94520, USA
3/10/2024
14:06
24-02522 Aerial footage of the scene of a
vehicle vs pedestrian collision.
2100 Block, Northwood Cir,
Concord, CA 94520, USA
3/10/2024
4:03
24-02510 Search for potential ejected/injured
persons
5100 Block, White Oak Ct,
Concord, CA 94521, USA
3/10/2024
4:03
24-02510 Search for potential ejected/injured
persons
5100 Block, White Oak Ct,
Concord, CA 94521, USA
3/9/2024
20:58
24-02502 Aerial search for victim of a
reported stabbing.

Willow Pass Rd & Market St,
Concord, CA 94520, USA
3/9/2024
20:27
24-02502 Aerial search for victim of a
reported stabbing.
1900 Block, Diamond Blvd,
Concord, CA 94520, USA
3/9/2024
20:16
24-02502 Aerial search for victim of a
reported stabbing.

Willow Pass Rd & Market St,
Concord, CA 94520, USA
3/9/2024
20:16
24-02502 Aerial search for victim of a
reported stabbing.

Willow Pass Rd & Market St,
Concord, CA 94520, USA
3/9/2024
20:16
24-02502 Aerial search for victim of a
reported stabbing.

Willow Pass Rd & Market St,
Concord, CA 94520, USA
3/9/2024
20:16
24-02502 Aerial search for victim of a
reported stabbing.

Willow Pass Rd & Market St,
Concord, CA 94520, USA
3/9/2024
19:38
24-02502 Aerial search for victim of a
reported stabbing.

Willow Pass Rd & Market St,
Concord, CA 94520, USA
3/9/2024
19:38
24-02502 Aerial search for victim of a
reported stabbing.

Willow Pass Rd & Market St,
Concord, CA 94520, USA
3/9/2024
19:05
24-02502 Aerial search for victim of a
reported stabbing.

Willow Pass Rd & Market St,
Concord, CA 94520, USA
3/5/2024
12:08
24-2328 Ariel search for armed robbery
suspect who fled on foot after vehicle pursuit.
3600 Block, Hillsborough Dr,
Concord, CA 94520, USA
3/5/2024
11:46
24-2328 Ariel search for armed robbery
suspect who fled on foot after vehicle pursuit.
3600 Block, Hillsborough Dr,
Concord, CA 94520, USA
3/4/2024
3:10
CSI PROCESSING OF SHOOTING 24-02280 1700 Block, Adelaide St, Concord, CA 94520, USA
2/11/2024
19:47

SEARCH FOR SUSPICIOUS PERSONS IN

CONSTRUCTION ZONE
1800 Block, 2nd St, Concord,
CA 94519, USA
2/10/2024
17:31
24-01468 Aerial check for intoxicated juvenile
who ran away from home and family.
5500 Block, Pennsylvania Blvd,
Concord, CA 94521, USA
2/10/2024
17:08
24-01468 Aerial check for intoxicated juvenile
who ran away from home and family.
5500 Block, Pennsylvania Blvd,
Concord, CA 94521, USA
2/10/2024
16:46
24-01468 Aerial check for intoxicated juvenile
who ran away from home and family.
5500 Block, Pennsylvania Blvd,
Concord, CA 94521, USA
2/10/2024
16:36
24-01468 Aerial check for intoxicated juvenile
who ran away from home and family.
5500 Block, Pennsylvania Blvd,
Concord, CA 94521, USA
2/5/2024
13:25
Outside Assist for Berkeley PD serving
search warrant/arrest warrant at listed
residence. Call log 2402050043
2400 Block, Jerilynn Dr,
Concord, CA 94519, USA
1/29/2024
1:38
24-1014, Search for burglary suspect 3400 Block, Rogers Rd, Concord, CA 94519, USA

Concord Police Department Military Equipment Report for 2025 36 1/26/2024
11:26
24-00937 Aerial search and overwatch
operations for an arson suspect who fled
officers on foot.
1700 Block, Kirker Pass Rd,
Concord, CA 94521, USA
1/26/2024
11:12
24-00937 Aerial search and overwatch
operations for an arson suspect who fled
officers on foot.
1700 Block, Kirker Pass Rd,
Concord, CA 94521, USA
1/26/2024
10:59
24-00937 Aerial search and overwatch
operations for an arson suspect who fled
officers on foot.
1700 Block, Kirker Pass Rd,
Concord, CA 94521, USA
1/26/2024
10:43
24-00937 Aerial search and overwatch
operations for an arson suspect who fled
officers on foot.
1700 Block, Kirker Pass Rd,
Concord, CA 94521, USA
1/26/2024
10:31
24-00937 Aerial search and overwatch
operations for an arson suspect who fled
officers on foot.
1700 Block, Kirker Pass Rd,
Concord, CA 94521, USA
1/15/2024
21:52
24-525. Aerial search for a subject wanted for
Domestic Violence/warrant.
2000 Block, Monument Blvd,
Concord, CA 94518, USA

Concord Police Department Military Equipment Report for 2025 37 Projected Equipment Acquisition and Replacement in 2025 Ammunition, projectiles, cartridges, batteries, and other expendable and maintenance supplies are ordered and replaced on an as needed basis throughout the year to maintain an adequate supply for training and actual deployment.

Ordered and Awaiting Receipt:

Nothing currently.

Planned Order:

Item Qty Cost
DJI Avata 2 Interior Search Drone 10 $11,990
DJI Mini Pro 7 $8113
DJI Maverick 3 w/Thermal 3 $17,697
In addition to the above listed drones, the Concord Police Department is currently searching for a Drone as a First Responder (DFR) company to partner with. The companies we are currently looking at are Bird Stop, Paladin, Skydio, FLOCK and BRINC. A DFR would be remotely piloted from a desktop by a FAA Part 107 pilot and able to fly to the scene of a call for service and produce a live feed to officers while they are still enroute. The cost for one of these drones can vary from $0 to $100,000 per drone/docking station depending on vendor and selected equipment.

Conclusion
This Annual Military Equipment Report reaffirms the Concord Police Department’s commitment to providing transparency and information to our community and elected officials in addition to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Concord Police Officers to better serve and protect our community, enhance the safety of officers, and bring critical incidents to a safe resolution.

Res. No. 25-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution of the City Council of the City of
Concord , State of California, to Accept the Concord
Police Department AB 481 2024 Military Equipment
Report, 2025 Military Equipment Inventory, And
Approve The Continued Use Of Existing Military
Equipment Policy.

Resolution No. 25-XX
/
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481(“AB 481”), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment,” to Division 7 of Title 1 of the Government Code (sections 7070-7075), relating to the use of equipment defined as military equipment under the statute by California law enforcement agencies; and WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481, inter alia, requires the Police Department submit to the City Council an annual military equipment report for each type of military equipment approved by the City Council; and
WHEREAS, the Police Department held a well-publicized and conveniently located community engagement meeting regarding the Police Department's Policy and use of military equipment, on March 27, 2025, pursuant to Cal. Government Code section 7072(b ); and WHEREAS, the City Council shall review Ordinance 22-6, the Policy 706 and the annual military equipment report prepared by the Police Department pursuant to Cal. Government Code section 7072 and determine by resolution whether to continue the Ordinance and Policy or to modify such Policy or initiate the repeal of the Ordinance; and WHEREAS, the City Council shall determine, based on the annual military equipment report and inventory submitted pursuant to Cal. Government Code section 7072, whether each type of

Res. No. 25-XX 2
military equipment identified in that report and inventory has complied with the standards for approval set forth in this Ordinance; and

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

Section 1. The above recitals are true and correct and are a substantial part of this resolution.

Section 2. Accepts the Concord Police Department 2025 Military Equipment Report and 2024 Military Equipment Inventory, continuing to allow the retention, use, and purchase of the listed equipment to enhance public safety and safeguard the community.

Section 3. Approve the continued use of Policy 706 by the Concord Police Department under Ordinance 22-6.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 22, 2025, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 25-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 22, 2025.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Staff Report
Date: April 22, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Kit P. Jory Sr., Parks Division Manager
[email protected]
(925) 671-3385
Subject: Considering approval of a Maintenance Service Agreement with Palomas Landscape Inc. for turf management and surface
maintenance services for a three-year term, with three one-year extensions, in the amount of $190,000 per fiscal year and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Public Works Operating Budget) CEQA: Not a project/exempt pursuant to CEQA Guidelines
Sections 15060(c), 15061(b)(2) and (3), 15273, 15301, 15302, 15304, 15378, and/or Public Resources Code section 21065.

Report in Brief
The Public Works Department has completed a competitive solicitation and recommends awarding a maintenance services agreement to Palomas Landscape Inc. for turf management of 185 acres of turf including 122 acres of parks turf and 63 acres of sports field turf, within 19 City parks on an annual basis for the next three-years. The agreement replaces what used to be handled as multiple smaller and separate agreements for material procurement and services contracts. The use of one contract to provide these procurement and maintenance services within the 19-parks is more cost- effective and efficient for staff to manage.

Recommended Action
Approve a Maintenance Service Agreement with Palomas Landscape Inc. for turf management and surface maintenance services for a three-year term, with three one-

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City Council Agenda Report
Agenda Item No. 4.j
April 22, 2025
year extensions, in the amount of $190,000 per fiscal year; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney and making the CEQA determinations as provided in this staff report.

Background
The City performs various turf management and surface maintenance activities on an annual basis. These activities are accomplished through several means: City staff work, contracts for maintenance, contracts for repair work, competitively bid public works projects, and individual purchases of turf seed, fertilizer, rodent traps, and top dressing which includes soil for leveling fields, compost, mulch, engineered wood fiber, and wood chips. The Department of Public Works maintains landscaping for over 379 acres of parks land. Of this amount, 185 acres are turf, with 63 acres of turf dedicated as athletic and sports fields, 74 acres as landscaped medians, and 18 play areas where the surfaces require annual leveling and top dressing. Historically, the City has purchased the materials needed for this work through individual purchases, at different times throughout the year. These purchases include the seed, fertilizer, soil, top dressing, rodent traps, and other similar materials. While evaluating Public Work’s current operating budget, staff found that it has utilized up to seven different contractors and suppliers and allocated and spent $288,044 in FY2023-24 to maintain all 185 acres of turf, including the increased level of maintenance that the 63 acres of sports fields. The City is on track to spend $285,500 in FY2024-25 for these products and services.

Analysis
Turf management and surface maintenance are critical to maintaining our parks, athletic fields, and other surfaces to ensure that these areas are useable, safe, and attractive. In an effort to standardize maintenance, enhance coverage, and improve efficiencies; the Public Works Department found that consolidating the annual purchase of supplies that are needed for all 185 acres of parks and sports fields turf management and surface maintenance materials into a single contracted service that includes purchase, delivery, and installation of materials would reduce operating costs by an average of over $90K per year. Combining the purchase of these goods into a single procurement process consistent with approved purchasing guidelines.

Turf Management is completed annually. This work is a scheduled and programmed activity that is coordinated with other Departments to ensure there is minimal interruption and impact to programmed activities and events. Top dressing is surface maintenance that is done regularly throughout the year to level out fields and open turf areas where animal damage, irrigation work, or occasional low spots develop and need to be raised and leveled for safety. It also includes replacing wood chips, mulch, and engineered wood fiber in landscaped areas, planter boxes, and in playgrounds. These maintenance activities extend the usable lifespan of these areas and are essential to meet industry standards for safety, American Disabilities Act (ADA), and fall protection requirements.

City Council Agenda Report
Agenda Item No. 4.j
April 22, 2025
Utilizing different contractors and purchasing processes has resulted in operational inefficiencies, increased costs, and an unstructured maintenance plan due to limitations in coordinating multiple different processes into a single workplan. The result has been higher costs and unnecessary negative impacts to the community. Staff has determined that employing a single contract provides the City with the best value and increases management efficiencies, while saving money.

Procurement Process
The City completed a competitive solicitation. A formal Request For Bids (RFB) was issued and publicized on November 12, 2024. Two companies attended the pre-bid site walk on December 11, 2024. Proposals were due to the City Clerk on January 8, 2025, and were opened that day. The City received a single bid from Palomas Landscape Inc. for $232,772. Staff met with Palomas Landscape Inc. and reduced the scope of work to meet recent budget adjustments that were made to bring this contract to the $190,000 per year. The negotiated Scope of Work that will be completed under this contract by Palomas Landscape Inc. is found as Exhibit A in Attachment 1.

Financial Impact
No funds are being requested. Adequate funds are budgeted within this year’s budget and will be included in future year’s budgets. If money is not allocated in future years’ budgets, this contract can be terminated with 3 months’ notice.

Environmental Determination
Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2) and (3), 15273, 15301, 15302, 15304, 15378, and/or Public Resources Code section 21065.

Public Contact
The City Council Agenda was posted.

Attachment

1. Maintenance Service Agreement with Exhibit A. Scope of Work

MAINTENANCE SERVICES AGREEMENT

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THIS AGREEMENT (“Agreement”) is entered into on May 1, 2025 between the City of Concord, a California municipal corporation (“CITY”) and Palomas Landcape Management, a California Corporation, 1099 Reganti Dr. Suite A, Concord, CA 94518 (“CONTRACTOR”).

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

The CITY desires to contract with
CONTRACTOR to provide the services described in
Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

On April 22, 2025 the City Council granted authority for the City Manager to enter into this Agreement with CONTRACTOR.

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 May 1, 2025 and expire on May 1, 2030. (OPTIONAL) A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for three (3) additional period(s) of one (1) year(s) each commencing upon the expiration of the then current term, subject to the same terms and conditions of this Agreement.

Either CITY or CONTRACTOR shall give written notice of its request for extension to the other party’s authorized representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the then -current term. The extension(s) sha ll be subject to CITY’s approval, including based on review of CONTRACTOR’s performance under this Agreement. Any extension must be pursuant to 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, CONTRACTOR 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.

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A. Compensation. The compensation to be paid to CONTRACTOR including payment for services and reimbursable expenses, shall be at the rate and schedules described in detail in Exhibit A. However, in no event shall the amount CITY pays CONTRACTOR exceed Nine Hundred and Fifty Thousand dollars ($950,000). Any increase to this compensation amount must be mutually agreed to in writing pursuant to Section 5 below, and may require City Council approval.

CONTRACTOR 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 CONTRACTOR 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.

B. Prevailing Wages. The services to be provided hereunder are subject to prevailing wage rate payment as set forth in California Labor Code Section 1771. Accordingly, CONTRACTOR shall comply with all California Labor Code requirements pertaining to "public works," including the payment of prevailing wages in connection with the services to be provided hereunder (collectively, “Prevailing Wage Policies”). CONTRACTOR shall submit, upon request by the CITY, certified copies of payroll records to CITY and shall maintain and make such records available to CITY for inspection and copying during regular business hours at a location within the City of Concord.

CONTRACTOR shall defend, indemnify and hold harmless CITY and its officers, officials, agents, employees and volunteers (collectively, "Indemnitees") from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs) (collectively, "Claims"), arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements or Prevailing Wage Policies, including all Claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781, as amended and added by Senate Bill 966.

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CONTRACTOR hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements and Prevailing Wage Policies.

CONTRACTOR is aware of and familiar with the provisions of California Civil Code Section 1542 which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” As such relates to this Section 3.B, CONTRACTOR hereby waives and relinquishes all rights and benefits which it may have under California Civil Code Section 1542. The obligations of CONTRACTOR under this Section 3.B shall survive the termination of this Agreement.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONTRACTOR in all matters pertaining to the services to be ordered by CITY or rendered by CONTRACTOR under this Agreement except where approval for the CITY is specifically required by the CITY Council. The CITY’s authorized representative is Kit Jory, Parks Manager of the Department of Public Works. The CONTRACTOR’s authorized representative is Miguel Barajas, President, CEO.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the CITY’s Municipal Code.

A. Amendment to Scope of Services. If CITY requests services other than as described in the Scope of Services, the amendment shall set forth the changes to the Scope of Services, any change in the performance time schedule, and any change in the compensation described in Section 3, above.

B. 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 CONTRACTOR not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum

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Threshold” means the dollar amount over which Council approval is required during each fiscal year as 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 CONTRACTOR that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

C. Waiver. CONTRACTOR’s f ailure 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 CONTRACTOR, its officers, agents, employees, consultants, subconsultants, experts, contractors 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 CONTRACTOR performs this Agreement and shall only dictate the results of the performance. CONTRACTOR shall not represent that CONTRACTOR or its officers, agents, employees, consultants, subconsultants, experts, contractors or subcontractors are agents or employees of the CITY, and CONTRACTOR 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, CONTRACTOR shall not be eligible for any benefits, which the CITY may provide to its employees and all persons, if any, hired by CONTRACTOR shall be employees or subcontractors of CONTRACTOR and shall not be construed as employees or agents of the CITY in any respect. CONTRACTOR shall receive no premium or enhanced pay for work normally understood as overtime, e.g., 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.

CONTRACTOR shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONTRACTOR shall not receive paid time off for days not worked, whether it be in the

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form of sick leave, administrative leave, or for any other form of absence. CONTRACTOR shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONTRACTOR.

7. STANDARD OF PERFORMANCE. CONTRACTOR represents and warrants to CITY that CONTRACTOR 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. CONTRACTOR further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. PERFORMANCE BY CONTRACTOR. CONTRACTOR shall not delegate its duties to, or employ, others (including consultants, subconsultants, experts, contractors, or subcontractors) 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 CONTRACTOR.

CONTRACTOR hereby designates CONTRACTOR’S representative as the person primarily responsible for the day-to-day performance of CONTRACTOR'S work under this Agreement.

CONTRACTOR shall not change CONTRACTOR’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONTRACTOR'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 . “ Work Materials ” means any and all finished and unfinished plans, specifications, maps, estimates, manuscripts, drawings, descriptions, reports, other written, recorded, photographic, visual materials, documents, data, deliverables, and other work products prepared or furnished by or for CONTRACTOR pursuant to this Agreement. CONTRACTOR shall deliver copies of all Work Materials to CITY u pon project completion or other termination of this Agreement (see Section 16 below). The CITY reserves the right to specify the file format that electronic Work Materials are presented to the CITY. CITY shall not

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have access to, control of, or actual or constructive possession of, the Work Materials prior to project completion or Agreement expiration or termination.

Work Materials are instruments of CONTRACTOR’s services in respect to this project, and 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 CONTRACTOR for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONTRACTOR, including attorney’s fees arising out of such unauthorized reuse. Notwithstanding the foregoing, basic survey notes and sketches, charts, computations, and other data prepared or obtained under this Agreement shall have no restriction or limitations on their use.

CONTRACTOR shall not disclose or discuss any Work Materials or other information gathered, discussed or generated in any way through this Agreement without the written permission of CITY, unless required by law.

10. INDEMNIFICATION.

A. For Construction Services Only. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees 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) that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the CONTRACTOR, any of the CONTRACTOR’s employees, or any subcontractor.

B. For All Other Services. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees 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 or connected in any way with CONTRACTOR’s performance, non- performance, breach, or default, or any subconsultant’s, expert’s, contractor’s, or subcontractor’s

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performance, non- performance, breach, or default, under the terms of this Agreement. This indemnification obligation on CONTRACTOR’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. This Section 10 shall survive expiration or other termination of this Agreement.

11. INSURANCE. CONTRACTOR 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.

13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONTRACTOR, and CONTRACTOR shall immediately cease performance.

All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONTRACTOR shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONTRACTOR shall not receive any payment for services, or expenses.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate this Agreement upon five (5) days written notice if CONTRACTOR breaches this Agreement. In the event of any termination, CONTRACTOR shall promptly deliver to the CITY any and all 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 CONTRACTOR for the services which the CITY determines were satisfactorily performed as of the effective date of the termination.

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15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract, CONTRACTOR agrees as follows:

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

CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR of CONTRACTOR’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. CONTRACTOR 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 CONTRACTOR’s performance of services under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the CITY.

CONTRACTOR 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. CONTRACTOR is not a designated employee within the meaning of the Political Reform Act because CONTRACTOR:

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(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. CONTRACTOR 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, 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 this Agreement, or any default in their performance of any obligations under this 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 this Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward affecting the purpose of this Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this 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

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drafting the language to be interpreted. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”

21. INTEGRATION. The recitals and any exhibits attached to this Agreement are incorporated by reference as though fully restated herein. This 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 CONTRACTOR and CITY, whether oral or written. In the event of any conflict or other inconsistency between the provisions of this Agreement (disregarding any exhibits) on the one hand, and any exhibits hereto (including any Request for Bids, Request for Proposal, or similar documents, responses to the same, terms and conditions, sample agreements, sample purchase orders, or other attachments thereto) or any purchase order issued in connection with this Agreement, on the other hand, the provisions of this Agreement (disregarding any exhibits) shall control.

22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONTRACTOR respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONTRACTOR shall not assign or transfer any interest in this 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. CONTRACTOR, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

23. FINANCIAL RECORDS. Records of CONTRACTOR’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 first class United States mail, postage prepaid, return receipt requested, or by personal delivery to the CITY’s address as shown below, or such other places as

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CITY or CONTRACTOR may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed effectively served upon deposit in the United States Mail, or upon personal delivery.

To CITY: Kit Jory,
Parks Manager
City of Concord
1455 Gasoline Alley
Concord, CA 94520
Telephone : (925) 671-3385
Email: [email protected]

To CONTRACTOR: Miguel Barajas,
President, CEO
Palomas Landcape Management
1099 Reganti Dr. Suite A
Concord, CA 94518
Telephone : (925) 383-6010
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 CONTRACTOR or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONTRACTOR or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

26. EXECUTION; COUNTERPARTS. Each individual or entity executing this Agreement on behalf of CONTRACTOR represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONTRACTOR and that such execution is binding upon CONTRACTOR. 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.
[Signatures follow on next page]

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IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONTRACTOR
: CITY:

Palomas Landcape Management, City of Concord,
a California Corporation a California municipal corporation

By:_________________________________
By:______________________________
Name: Miguel Barajas Name: Valerie J. Barone
Title: President, CEO Title City Manager
Address: 1099 Reganti Dr. Suite A Address: 1950 Parkside Drive Concord,CA 94518 Concord, CA 94519
Telephone: (925)-685-7108 Telephone: (925) 671-3150
Email: [email protected]

APPROVED AS TO FORM: ATTEST:

Susanne 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 FY25 to FY29 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $950,000. Account Code 100-5700-1Z01-63800-400 $190,000 PER FY.

Finance Director's Signature

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EXHIBIT “B”

CONTRACTOR
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 CONTRACTOR, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability Policy: CONTRACTOR 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. CONTRACTOR’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 CONTRACTOR’s insurance and shall not contribute with it.

2. Automobile Liability Coverage. CONTRACTOR 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). CONTRACTOR shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONTRACTOR, 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: CONTRACTOR covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.

CONTRACTOR 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 CONTRACTOR that CONTRACTOR has no employees.

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If CONTRACTOR 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 CONTRACTOR. 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 CONTRACTOR and operations of CONTRACTOR, premises owned, occupied, or used by CONTRACTOR. 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. CONTRACTOR shall also provide timely and prompt notice to CITY if CONTRACTOR receives any notice of cancellation or nonrenewal from its insurer.

2. Primary Coverage. CONTRACTOR’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 CONTRACTOR’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. CONTRACTOR 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 CONTRACTOR under this Agreement are subcontracted to a third party. CONTRACTOR shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.

Exhibit A
Scope of Work
There are 19 parks with 185 acres of Turf requiring maintenance. Complete annual maintenance of City parks turf and sport fields. Each location listed in the chart below to receive maintenance one (1) time per year, scheduled and coordinated at the direction of the City Parks Manager.

Detailed Scope:

Parks Turf Area – 122 acres
• Aerate a total of 122 acres of Parks Turf with a power aerator and apply fertilizer. • Aeration with 5"-8" tines removing actual cores or plugs of soil pulled from the turf. • Holes should be two to three inches deep and no more than two to four inches apart. • Mark all sprinkler heads, shallow irrigation Jines and valve box's so those lines will not be damaged.

Sports fields
– 63 acres
• Aerate a total of 63 acres of Sports Fields with a power aerator and apply fertilizer. • Aeration with 5"-8" tines removing actual cores or plugs of soil pulled from the turf. • Holes should be two to three inches deep and no more than two to four inches apart. • Mark all sprinkler heads, shallow irrigation Jines and valve box's so those lines will not be damaged. • Seed the 63 acres of sports fields with Champion 20/80 Blue/Rye sports field mix at 15Ibs per I000sf or 65Ibs per acre or 97Ibs per sports field. Using a total of 6300 lbs. of seed each year. • Top dress just the 63 acres of sport fields using organic mulch using 55 yards per sports field or 35 yards per acre for a total of 2200 yards of mulch.
• Fertilize all turf using a starter blend of choice, 50/b bag at a rate of 4.3Ibs per I000sf or about 3.6 bags per acre for a total of 670 50Ib. bags.

Item
No.

Park Name
lex
Turf Acreage
14 4
10 Civic Center 5
Dave Brubeck Park
9 El Dorado/Westwood
10 Ellis Lake Park
11 Len Hester Park
12 Hi hlands Park
13 Hillcrest Park
15 Krueger Fields
16 Markham Nature Park
17 Meadow Homes Park
18 Newhall Communit Park
19 Sun Terrace Park
20 T ados Santos Plaza
21 Willow Pass Park
22 Ygnacio Valley Park

TOTALTURFACREAGE
8 10
10 4
9 26
4 2
11 23
2 2
35 9
185
RFQ# PW111224
Turf Maintenance
Exhibit A to Attachment 1

*<$17,522>
*<$9,450>
*<$15,800>

**$190,000$232,772 - $42,772 =
* Scope and amount reduced from quote to adjust aeration cost to top dress playgrounds and mulched areas.
** New total cost.

Staff Report
Date: April 22, 2025
To: City Council/City Council Sitting as the Local Reuse Authority From: Valerie J. Barone, City Manager
Prepared by: Guy S. Bjerke, Director, Economic Development & Base Reuse
[email protected]
(925) 671-3076
Subject: Considering a Memorandum of Understanding (MOU) between the Contra Costa Transportation Authority (CCTA) and the City of Concord Local Reuse Authority (LRA) on the development and operation of the Connected and Automated Vehicles (CAV) Program on the former Concord Naval
Weapons Station (CNWS)
CEQA: Not a project/exempt per Public Resources Code
Section 21065, CEQA Guidelines Sections 15060(c), 15061(b), 15352, 15273, and/or 15378.

Report in Brief
The Local Reuse Authority (LRA) has an expired Memorandum of Understanding (MOU) with the Contra Costa Transportation Authority (CCTA) regarding the interim use of the Concord Naval Weapons Station for Connected and Autonomous Vehicle testing.

This proposed revised Memorandum of Understanding (“MOU”) extends the operation of the Connected and Autonomous Vehicle (CAV) Testbed, (depicted in its current configuration as Attachment A to CCTA’s sub-license), referred to as GoMentum Station (Testbed).

This MOU continues the interim nature of the GoMentum Station’s use of property on the CNWS, while establishing a LRA commitment to provide at least five (5) years of interim use to GoMentum Station on LRA controlled property.

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City Council Agenda Report
Agenda Item No. 4.k
April 22, 2025

Recommended Action
Approve the revised MOU between CCTA and the LRA and authorize the City Manager to execute the document.

Background
The original MOU between the CCTA and LRA was adopted in 2015. A second MOU was adopted by the parties in 2019 and expired in 2024. The proposed MOU will cover the term of 2025 to 2030. The GoMentum Station Testbed continues to operate successfully under the terms of the MOU. The City of Concord Local Reuse Authority has the authority (master license from the U.S. Navy) and responsibility to establish policies, rules and regulations related to CNWS access, operations and management.

CCTA and City of Concord wish to promote GoMentum Station as a Center for innovative technologies with a strong commitment to close collaboration and mutual support to realize shared goals.

Analysis
The purpose of the MOU is to clarify CCTA and the City of Concord’s interests, commitments, roles and responsibilities for the Testbed and collaboration to facilitate alignment with CNWS re-use plans and policy requirements. The CCTA, through its program partner NextGen, serves as a “hub” for facilitation, acceleration, accommodation and coordination amongst all of the GoMentum partners to ensure alignment and conformance with City of Concord’s CNWS reuse responsibilities and master license. CCTA’s partnership with the City of Concord is paramount to the success of the Testbed and GoMentum Station program. As such, both organizations have established mutually agreed-upon goals and objectives, milestones, communication and notice obligations, and roles and responsibilities.

The City of Concord and CCTA agree that the goal of this MOU is to facilitate the operation of the GoMentum Testbed operation in a manner that does not impede the transfer of property from the Navy to the City of Concord, East Bay Regional Parks District, or Contra Costa County; nor impede the development of the property consistent with the adopted General Plan for the area. Consequently, while the goal is to facilitate the GoMentum Station use as long as feasible, in its current form it is considered an interim use for the CNWS. This revised MOU extends the term of the interim use by GoMentum Station to at least five (5) years and expands the number of Automobile Manufacturers allowed to use the facility to twelve (12).

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and Public Resources Code Section 21065, this action is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as

City Council Agenda Report
Agenda Item No. 4.k
April 22, 2025

it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Financial Impact
City costs associated with staff time or temporary infrastructure to support the program will be reimbursed by CCTA or GoMentum Station. CCTA, and its program partner NextGen, are paying for the cost of security and gate guards at the Base during the terms of this MOU and associated sublicenses with the City.

Public Contact
The City Council Agenda was posted.

Attachments

1. Memorandum of Understanding – Concord Naval Weapons Station Transportation Innovation Program

2. Sublicense between LRA and Contra Costa Transportation Authority (CCTA)

Attachment 1
1 Memorandum of Understanding
Concord Naval Weapons Station
Transportation Innovation Program
I. PARTIES AND PURPOSE
This Memorandum of Understanding (“MOU”) is entered into as of ____________, 2025 (“EFFECTIVE DATE”) by and between the Contra Costa Transportation Authority (“AUTHORITY”), and City of Concord (“CITY”) (individually referred to here as a “PARTY” and collectively referred to herein as the “PARTIES”).

The purpose of this MOU is to establish mutually acceptable conditions governing access, use, marketing, utilization and temporary site improvements at the Concord Naval Weapons Station (“CNWS”) (depicted in its current configuration as Attachment A to AUTHORITY’s sublicense and attached hereto as Exhibit A and incorporated herein by this reference). CNWS is one of the sites for an innovation focused transportation programs established by AUTHORITY for the testing of advanced transportation technologies, including connected autonomous vehicles (“CAV”) systems, and for research, development, and deployment of CAV technologies for the benefit of the PARTIES, region, county and nation (“PROGRAM”). The PROGRAM being operated on the CNWS site is also referred to herein as “TESTBED”.

II. RECITALS
WHEREAS, AUTHORITY launched a comprehensive innovation focused program in 2014 and updated in 2019 to foster research in the field of CAV applications and technologies; WHEREAS, the CITY is recognized by the federal government as the Local Reuse Authority, an entity receiving surplus federal property under the Base Realignment and Closure Act (“BRAC”) and, as set forth in the Autonomous Vehicle License (defined below), handles management of all interim uses on the CNWS site to assure compliance with the adopted community Concord Community Reuse Project (“Area Plan”) and the efficient development of the CNWS site where the TESTBED is located; WHEREAS, AUTHORITY wishes to secure access to the CNWS site for interim use of TESTBED and to establish the necessary agreements and mutual understandings with CITY related to the use of the TESTBED for the PROGRAM;
WHEREAS, the United States of America, Department of the Navy (“U.S. NAVY”), as licensor (“MASTER LICENSOR”) and CITY, as licensee, entered into a written Autonomous Vehicle License for Non-federal Use of U.S. NAVY Real Property consisting of the portion of the former Naval Weapons Station Seal Beach Detachment Concord, License Number N4769223RP23P17, which includes the CNWS (“LICENSED PREMISES”). The AUTONOMOUS VEHICLE LICENSE (“AV License”) is reviewed and renewed on an annual basis, at U.S. NAVY discretion, and grants CITY the right to enter the LICENSED PREMISES for the purposes described in the AV LICENSE, including without limitation, allowing access for the purpose of testing advanced transportation technologies, including CAV applications and technologies.

Attachment 1
2 WHEREAS, for the purposes of this MOU, CITY has the authority, to the extent provided in and subject to all terms and conditions of the AV LICENSE covering the LICENSED PREMISES, to establish policies, rules and regulations related to CNWS access, use, operations and management; WHEREAS, the CITY requires an annual Sublicense Agreement with the AUTHORITY to document the policies, rules and regulations related to CNWS access, use, operations and management.

WHEREAS, CITY and BCUS Acquisitions LLC (Brookfield) (“DEVELOPER”) have entered into an Agreement to Negotiate dated September 19, 2023 and amended on March 19, 2024 and are in the process of negotiating a Disposition and Development Agreement to develop portions of the CNWS, and the CITY is in the process of preparing, among other things, a Specific Plan for the CNWS , and related environmental review (all of the foregoing are individually and collectively referred to herein as “CNWS PLANNING AND DEVELOPMENT”), with CNWS PLANNING AND DEVELOPMENT being of paramount importance to the CITY;
WHEREAS, AUTHORITY will facilitate a collaborative partnership among multiple Automobile Manufacturers (“AM”); Original Equipment Manufacturers (“OEM’s”); automotive, traffic control and communications suppliers; technology companies; researchers and academia; and other public agencies and private entities (collectively referred to as “PARTNERS”) involved in research, development, implementation and regulation of CAV applications and technologies; WHEREAS, AUTHORITY and CITY are interested in collaboration with the PARTNERS relative to research, development and testing of new CAV applications and technologies, at the TESTBED, and on CITY streets in compliance with all applicable laws and regulations; WHEREAS, AUTHORITY and CITY seek to establish a cooperative effort to offer a unique and innovative opportunity for bringing new CAV technologies and applications to Contra Costa County for public benefit, with shared goals that include safer and more efficient transportation, including public transportation, for all citizens and enhanced economic benefits for the CITY such as jobs in emerging technology sectors and relocation of research and development centers to Contra Costa County by the PARTNERS and other innovation focused companies;
WHEREAS, AUTHORITY has approved agreement dated February 19, 2024, between the AUTHORITY and Next Generation Mobility (NextGen), (previously known as GoMentum Station Inc., a California Non-for-Profit entity), related to the development, management, day to day operation, PARTNER coordination, and implementation of the PROGRAM at the TESTBED that have been assigned from AUTHORITY to NextGen. In accordance with these agreements, NextGen serves as AUTHORITY’s agent under this MOU and as a facilitator for activities related to PROGRAM, subject to AV LICENSE and terms and conditions of AUTHORITY sublicense with CITY.

WHEREAS, the PARTIES seek to enter into this MOU to clarify the interests, commitments, roles and responsibilities for the TESTBED and establish a framework for collaboration to facilitate alignment with CNWS PLANNING AND DEVELOPMENT.

III. AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants and promises set forth below, the PARTIES agree as follows:

Attachment 1
3 1. CAV PARTNERSHIP INTENT. The PARTIES acknowledge and agree that the main objectives of the CITY are a seamless and timely transfer of the CNWS from the U.S. NAVY to the CITY, implementation of the adopted Area Plan, and CNWS PLANNING AND DEVELOPMENT (“CNWS GOALS”) which are of paramount importance and that all goals, terms, and conditions of this MOU are subordinate thereto. Subject to the foregoing, the PARTIES agree that one such subordinate goal of this MOU is to facilitate the operation of the TESTBED in support of the PROGRAM in a manner that does not impede the transfer of CNWS from the U.S. NAVY to the CITY or Contra Costa County, and the development of the CNWS consistent with the adopted General Plan for the area. While the goal of the PARTIES is to facilitate the use of the CNWS for the TESTBED as long as feasible, the PARTIES understand the TESTBED is considered an interim use for the CNWS.

The sections below highlight the mutual commitments, understanding, and contributions in pursuit of the shared responsibilities of the PARTIES in support of these goals. The PARTIES recognize and agree that this MOU serves as a framework for the commitments set forth herein and found in the annual AV License and Sublicense Agreements.

2. AUTHORITY RESPONSIBILITIES.

A. AUTHORITY’s partnership with the CITY is paramount to the success of the TESTBED and PROGRAM. As such, AUTHORITY AND CITY will work collaboratively to establish mutually agreed-upon goals and objectives, milestones, communication and notice obligations, and roles and responsibilities in support of the PROGRAM.

B. AUTHORITY will coordinate and communicate with the CITY and through NextGen, the PARTNERS to establish written protocols to facilitate access to the TESTBED site in a manner that optimizes site access and promotes compliance with AV LICENSE requirements and in a manner that ensures the CITY is apprised on an ongoing and timely basis of activities being conducted at the TESTBED; provided, however, that CITY will be the only interface with the U.S. NAVY.

C. AUTHORITY delegated responsibility to NextGen as the managing entity for the TESTBED activities. Due to non-disclosure agreements mandated by PARTNERS, NextGen will serve as the primary contact with all PARTNERS including selection of PARTNERS and establishing communication protocols between AUTHORITY through NextGen and PARTNERS. Therefore, all PARTNER communication, coordination and access relative to the PROGRAM daily activities and planning will be coordinated through NextGen to AUTHORITY.

D. AUTHORITY through NextGen will identify PARTNERS for testing at TESTBED and establishing communication protocols with PARTNERS to support partnership ecosystem for AM companies and other PARTNERS with a shared goal to accelerate the research, development, testing, safe deployment and commercialization of CAV applications and technologies. This includes building consensus amongst AMs and OEMs for seamless testing and development of high-level requirements for safe testing (12 AMs total, with no more than 10 AMs testing simultaneously) and communications at the TESTBED.

E. AUTHORITY through NextGen will collaborate with all PARTNERS to define and develop a well- designed testing facility at the TESTBED to support testing and development of CAV technologies, components and applications that do not interfere with the CNWS PLANNING AND DEVELOPMENT, applicable State of California and federal regulations, or obligations required by the U.S. NAVY.

Attachment 1
4 F. Oversee financing and coordinate construction of all temporary facilities and infrastructure improvements on TESTBED per final designs, including obtaining CITY and other public agency’ approvals determined to be necessary. AUTHORITY will pay all actual planning review fee requirements to accommodate PARTNER testing activities, subject to compliance with any required CITY land use review, including but not limited to environmental review.

G. Reimburse CITY for all CITY incurred fees/costs associated with providing access and security for the TESTBED site and facilitating the PROGRAM on the site.

H. Assume financial and administrative responsibility for removal and restoration of the site as reasonably requested by CITY to support CNWS PLANNING AND DEVELOPMENT and with reasonable notice to AUTHORITY, including compliance with all land use requirements for improvements related to PROGRAM and all CITY costs/fees associated therewith.

I. AUTHORITY will consider CITY as the highest priority partner in the PROGRAM and will conduct this PROGRAM in concert and in full coordination with CITY. AUTHORITY understands the main objectives of the CITY are the CNWS GOALS. AUTHORITY will manage the TESTBED such that it does not interfere with the CNWS GOALS or violate any requirements/obligations/limitations established by either the U.S. NAVY, State of California, or the CITY as communicated to AUTHORITY.

J. When discussing the PROGRAM or TESTBED, AUTHORITY will make best efforts to promote the CITY worldwide and nationwide, and to enhance the value of the TESTBED through the PROGRAM.

K. AUTHORITY through NextGen will optimize TESTBED access, scheduling and utilization, including event coordination, in compliance with CITY’s requirements and ensure coordination amongst PARTNERS and other interested parties.

L. AUTHORITY through NextGen will ensure that all PARTNERS’ and AUTHORITY and NextGen staff abide by the regulations in the issued AV LICENSE and SUBLICENSE in order to have access to the CNWS and to operate on site at the TESTBED under the PROGRAM. AUTHORITY will also assure that all partner agencies wanting access to the TESTBED under the PROGRAM apply for and receive a sublicense from the CITY before performing any testing on the CNWS and accept any restrictions to site access, photography, video and personnel background checks imposed by the U.S. NAVY.

M. AUTHORITY point of contact:

Ryan McClain
Deputy Executive Director, Projects and Operations
Email: [email protected]
Office: 925-256-4749
N. AUTHORITY will ensure a fully transparent process with regards to alignment of private sector commercialization objectives with the CITY, US NAVY, and State of California concerning public safety policies, rules, and regulations.

3. CITY RESPONSIBILITIES.

A. As the AV LICENSE holder and property manager for the LICENSED PREMISES AND being responsible for issuing all SUBLICENSES to facilitate the PROGRAM at the TESTBED, CITY will be the sole

Attachment 1
5 PARTY in communication with the U.S. NAVY over SUBLICENSES and TESTBED SERVICES AGREEMENTS regarding use of the LICENSED PREMISES.

B. Acknowledge that NextGen serves as an authorized facilitator for activities related to the PROGRAM at the TESTBED and continues to allow for certain tasks under the AUTHORITY sublicense with CITY to be delegated by AUTHORITYto NextGen with notice to CITY, which delegation will not limit AUTHORITY’s responsibilities thereunder or under this MOU. Any communication from City to AUTHORITY under this MOU shall be as if also conveyed to NextGen, and any communication from City to NextGen under this MOU shall be as if also conveyed to AUTHORITY.

C. Reasonably cooperate in the expeditious review of permits or other approvals requested by AUTHORITY for TESTBED site enhancements and improvements.

D. CITY acknowledges that a PARTNER may desire to protect certain confidential, proprietary or trade secret information. Information from a PARTNER (whether or not through NextGen) which is provided to CITY and is clearly marked as “CONFIDENTIAL/PROPRIETARY INFORMATION” (“Confidential Information”) shall be subject to the provisions of this Section. Subject to the terms of this Section, CITY shall use good faith diligent efforts to prevent disclosure of the Confidential Information to any third parties, except as may be required by the California Public Records Act (Government Code Section 6253 et seq.) or other applicable local, state or federal law (collectively, “Public Disclosure Laws”).

Notwithstanding the preceding sentence, CITY may disclose Confidential Information to its officials, employees, agents, attorneys and advisors, and to AUTHORITY and its officials, employees, agents, attorneys and advisors but only to the extent necessary to carry out the purpose for which the Confidential Information was disclosed. AUTHORITY, on behalf of itself, NextGen, and each PARTNER, acknowledges that CITY has not made any representations or warranties that any Confidential Information CITY will be exempt from disclosure under any Public Disclosure Laws. In the event the CITY’s legal counsel determines that the release of the Confidential Information is required by Public Disclosure Laws, or order of a court of competent jurisdiction, CITY shall notify AUTHORITY of CITY’s intention to release the Confidential Information; CITY will endeavor to provide a courtesy notification to the applicable PARTNER(S)), however it shall be AUTHORITY’s sole responsibility to coordinate with the applicable PARTNER(S). If the City Attorney, in his or her discretion, determines that only a portion of the requested Confidential Information is exempt from disclosure under the Public Disclosure Laws, CITY may redact, delete or otherwise segregate the Confidential Information that will not be released from the non-exempt portion to be released.

If any litigation is filed seeking to make public any Confidential Information, CITY, AUTHORITY (on behalf of itself and NextGen), and the applicable PARTNER(S) shall cooperate in defending the litigation, and AUTHORITY (on behalf of itself and NextGen), and the applicable PARTNER(S) jointly and severally (a) shall be liable for paying and shall pay CITY’s actual costs of defending such litigation and ()b) shall indemnify CITY against all costs and attorneys’ fees awarded to the plaintiff in any such litigation.

Alternatively, AUTHORITY (on behalf of itself and NextGen) and/or the applicable PARTNER(S) may elect to disclose the Confidential Information rather than defend the litigation.

The CITY shall not be held liable for any release of Confidential Information, and the restrictions set forth herein shall not apply to Confidential Information, to the extent such Confidential Information: (a) is now, or hereafter becomes, through no act or failure to act on the part of CITY, generally known or available; (b) is known by the CITY at the time of receiving such information as evidenced by CITY’s public records; (c) is hereafter furnished to CITY or AUTHORITY or NextGen by a third party, as a matter of right and without restriction on disclosure; (d) is independently developed by CITY or AUTHORITY or

Attachment 1
6 NextGen without any breach of this Agreement and without any use of or access to Developer’s Confidential Information as evidenced by CITY’s or AUTHORITY’s or NextGen’s records; (e) is not clearly marked “CONFIDENTIAL/PROPRIETARY INFORMATION” as provided above (except where the applicable PARTNER(S) notifies CITY in writing, prior to any disclosure of the Confidential Information, that omission of the “CONFIDENTIAL/PROPRIETARY INFORMATION” mark was inadvertent), or (f) is the subject of a written permission to disclose provided by the applicable PARTNER(S) to CITY or AUTHORITY or NextGen.

E. Provide a five (5) year commitment from the date of this MOU for the temporary use of CNWS for testing by AUTHORITY through NextGen and its PARTNERS, including to support PROGRAM and TESTBED, to assist with attracting private and public investment in the TESTBED; provided however, that CITY in its sole discretion shall have the right to require modification of this MOU and PROGRAM operations in order to accommodate CNWS PLANNING AND DEVELOPMENT, including CITY’s obligations to the DEVELOPER and any future developers. CITY shall coordinate with AUTHORITY as early as possible concerning any necessary modifications and will conduct any discussions around the modification of the MOU in good faith.

F. Facilitate seamless collaboration so that AUTHORITY shall be the only interface between CITY and PARTNERS once the potential partner has an approved TESTBED SERVICES AGREEMENT to ensure optimal communications in support of the PROGRAM.

G. Work collaboratively with AUTHORITY and other interests in the CNWS to support the continued operation of the TESTBED and PROGRAM for as long as is feasible as determined by the CITY.

Such a determination of feasibility will be made solely by the CITY based on its goals and objectives for development, environmental protection, and environmental restoration on the CNWS.

H. Acknowledge that all requests from PARTNERS shall be forwarded and coordinated through AUTHORITY excluding activities associated with the TESTBED SERVICES AGREEMENT (e.g., issuance, modification, revocation, amendment, termination, etc.).

I. Provide for TESTBED physical security in partnership with AUTHORITY, subject to reimbursement to CITY of CITY’s costs/fees associated therewith by AUTHORITY.

J. Assign point of contact and participate in regular coordination meetings with AUTHORITY and NextGen as required.

K. Inform AUTHORITY in advance of potential impacts to PARTNERS’ access and use of TESTBED site in a timely manner and in turn, AUTHORITY will notify NextGen.

L. Participate in key events and support the PROGRAM marketing and outreach efforts in concert with AUTHORITY, and other TESTBED public and private sector PARTNERS.

M. Attend and provide support at various meetings with AUTHORITY Board, staff, and other public and private organizations as appropriate, including but not limited to welcoming national and international delegations and missionaries, at AUTHORITY’s sole cost and expense.

N. Provide support for applications by AUTHORITY for federal funding and/or recognition of the TESTBED around the testing, development and implementation of CAV applications and technologies, at AUTHORITY’s sole cost and expense.

Attachment 1
7 O. Any or all of the foregoing activities shall be in CITY ’s reasonable discretion, and CITY shall not be required to bear, incur, or expend any fees or costs in connections therewith, and all aspects of the PROGRAM shall be at AUTHORITY sole cost and expense.

P. CITY point of contact:

Guy S. Bjerke
Executive Director, City of Concord - LRA
Email: [email protected]
Office: 925-671-3076
Q. Approval and authorization to execute this MOU will be required by the CITY Council.

4. MISCELLANEOUS
A. Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, or (c) by a commercial overnight courier that guarantees next day delivery and provides a receipt, and such notices shall be to each PARTY’S point of contact above or to such other address as either PARTY may from time to time specify in writing to the other PARTY. Any notice shall be effective only upon delivery or refusal to accept delivery by the intended recipient.

B. The Recitals above, exhibits hereto, and documents referenced herein are incorporated into this MOU by reference.

C. Time is of the essence in the performance of each of the parties’ respective obligations contained herein.

D. This MOU shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules. If any PARTY brings a suit hereunder, trial shall be held exclusively in a state court in Contra Costa County, California. In the event of a dispute, the PARTIES agree to meet and confer in good faith to try and find an amicable resolution within ten (10) days of a written request by PARTY for such a meeting.

E. Each PARTY has received independent legal advice from its attorneys with respect to the advisability of executing this MOU and the meaning of its provisions. The provisions of this MOU shall be construed as to their fair meaning, and not for or against any PARTY based upon any attribution of the language in question to such PARTY. Headings used herein are for convenience only and shall not be used in construing this MOU. Where the context requires, the use of the singular shall include the plural and vice versa and the use of the masculine shall include the feminine and the neuter. The term “person” shall include any individual, partnership, joint venture, corporation, trust, unincorporated association, any other entity and any government or any department or agency thereof, whether acting in an individual, fiduciary or other capacity. The words “include” and “including” shall in all instances be interpreted as though followed by the words “without limitation.” F. Neither PARTY may assign its rights and obligations hereunder without the prior written consent of the other PARTY. Due to the specific nature of the Agreement, any attempted assignment or transfer in breach of this provision shall be void. The relationship of the PARTIES hereto is solely that of AUTHORITY and CITY with respect to the CNWS and no joint venture, other partnership or agency

Attachment 1
8 relationship exists between the PARTIES hereto. Neither PARTY has any fiduciary relationship hereunder to the other.

G. Each individual or entity executing this MOU on behalf of AUTHORITY or CITY represents and warrants that he or she or it is duly authorized to execute and deliver this MOU on behalf of AUTHORITY or CITY, and that such execution is binding upon AUTHORITY or CITY. This MOU may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This MOU may be amended or modified only by a written instrument signed by the PARTIES following any necessary approvals by applicable governing bodies.

H. AUTHORITY shall not record this MOU, any memorandum of this MOU, any assignment of this MOU or any other document which would cause a cloud on the title to the CNWS.

I. If any term, covenant, condition or provision of this MOU, or the application thereof to any person or circumstance, to any extent, shall be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this MOU, or the application thereof to any person or circumstance, shall remain in full force and effect and in no way shall be affected, impaired or invalidated thereby; except that if the court which determines the provision to be invalid also determines such provision to be of such materiality as to make enforcement of the remaining terms inequitable, then this MOU shall terminate.

J. Notwithstanding anything to the contrary herein, AUTHORITY acknowledges and agrees that CITY is not entering into this MOU as a regulatory agency with police powers. Accordingly, any construction, alterations, variances, land uses, or operations contemplated or performed by AUTHORITY with respect to the CNWS may require further authorizations, approvals, or permits from the CITY of Concord, as well as other governmental and/or regulatory agencies. Nothing in this MOU shall limit AUTHORITY obligation to obtain such other authorizations, approvals, or permits, or pre-commit the CITY of Concord to any course of action.

IN WITNESS WHEREOF, the undersigned Parties have executed this MOU as of the date first written above.

Contra Costa Transportation Authority
________________________________________
Aaron Meadows, Chair

Date: ___________________________________
City of Concord

________________________________________
Valerie Barone, City Manager

Attachment 1
9 Date: ___________________________________

1 SUBLICENSE AGREEMENT
For reference purposes, this Sublicense Agreement (“Sublicense”) is dated July 1, 2024 (“Effective Date”). This Sublicense is entered into by and between the City of Concord, a municipal corporation of the State of California (“City” or “Sublicensor”), and Contra Costa Transportation Authority, a public agency (“Sublicensee”).

1. Master License. The United States of America, Department of the Navy, as licensor (“Master Licensor”) and City, as licensee, entered into a written License for Nonfederal Use of Department of the Navy Real Property, License Number N4769224RP24P18 , and all Exhibits thereto and amendments thereof (the “Master License”), a copy of which is attached hereto as Attachment No. 1 and except as set forth in Sublicense Section 3(A) is incorporated herein by reference. The Master License grants City the right to enter for the purposes described in the Master License, including without limitation, allowing access on the paved roadways to car manufacturers for the purpose of testing autonomous/connected vehicle software or technologies, on certain premises defined as the Licensed Premises and consisting of the portion of the former Naval Weapons Station Seal Beach Detachment Concord depicted in Exhibits A and D to the Master License.

2. Grant of Sublicense. Sublicensee desires to sublicense from Sublicensor the Premises, according to the provisions contained in this Sublicense. Accordingly, City hereby grants to Sublicensee a non-exclusive and limited right, privilege, and permission to use the Licensed Premises (including reasonable access to the Licensed Premises) for the purpose of testing or allowing others to test autonomous/connected vehicle software or technologies, and for no other purpose, subject to all other licenses, leases, subleases, easements, restrictions and reservations now or subsequently pertaining to the Licensed Premises or any portion thereof.

This Sublicense is subject to all the provisions of the Master License.

A. Authority for Agreement with Partners. Master Licensor, Sublicensor and Sublicensee agree that the agreements between Sublicensee and Partners are sufficient to allow use of the Licensed Premises by Partners, and that the Master License does not require City to enter into agreements directly with the Partners for use of the Licensed Premises.

B. Sublicensee Responsibilities. The Sublicensee will coordinate and be responsible for the compliance with this Sublicense of their multiple Automobile Manufacturers (“AM”); Original Equipment Manufacturers (“OEM’s”); automotive, traffic control and communications suppliers; technology companies; researchers and academia; and other public agencies and private entities (collectively referred to as “Partners”) involved in research, development, implementation and regulation of applications and technologies. Sublicensee will enter into agreements, such as Sublicensee’s Testbed Services Agreement, which may be amended from time to time by Sublicensee, allowing a Partner to test autonomous/connected vehicle software or technologies on the Licensed Premises. Sublicensee will provide City with copies of executed agreements between Sublicensee and any Partner, and supporting documentation or information, in order for City to obtain approvals from the Master Licensor as required in the Master License.

AA- 3468

2 C. City Responsibilities. Between Sublicensee and City, City has the sole responsibility of submitting agreements between Sublicensee and any Partner to Master Licensor for approval.

D. Term. The term of this Sublicense shall commence on the Effective Date, and shall expire on June 13, 2025, unless renewed or extended by the mutual agreement of both parties. The City Manager is authorized to execute such renewal or extension of the Sublicense on a month-to-month basis. In no event shall the term of this Sublicense extend beyond the Master License term.

E. License Fee. Sublicensee shall not be required to pay a license fee. Sublicensee agrees to pay when due any taxes of any kind and every nature, including but not limited to possessory interest tax that may be imposed upon the Licensed Premises or Sublicense’s use of the Licensed Premises. Sublicensee shall ensure monthly payments are made directly to PG&E for their pro rata share of electricity consumption as measured by the new, separate power meter installed at Building IA-7.

F. No Representations; Risk of Loss. No Advertising. Sublicensee acknowledges and agrees that neither City, nor anyone acting for or on behalf of City, has made any representations, warranties, or promises to Sublicensee, or to anyone acting for or on behalf of Sublicensee, concerning the condition of the Licensed Premises, the Property, any portion thereof, or any other aspect thereof including any structures or improvements located thereon, the availability of utilities, or the absence or presence of hazardous materials. City assumes no responsibility for loss or damage to the property of the Sublicense. Sublicensee shall not at any time display any advertising sign without prior written approval of the City and Master Licensor, which may be withheld in their sole discretion.

3. Incorporation by Reference; Assumption.

A. Incorporation; Interpretation. As applied to this Sublicense, the word “Licensor” or “Government” in the Master License shall be deemed to refer to the Department of the Navy.

The word “Licensee” in the Master License shall be deemed to refer to the City of Concord as Sublicensor in this agreement, and the word “sub-licensee” shall be deemed to refer to the Contra Costa Transportation Authority as Sublicensee. Except for Master License Section 3 (Dates Covered), Section 8 (Cash Payment by Licensee – Due In Advance), subsection 9 of Exhibit B (Insurance), subsection (1) of Exhibit C and the notice provisions of subsection (20) of Exhibit B, the terms of the Master License are fully incorporated by reference into, and made a part of, this Sublicense to the extent the terms in such items are not inconsistent with the terms of this Sublicense. In the event of a conflict between the terms of the Master License and the terms of this Sublicense, the terms of this Sublicense will control.

B. Notice; Coordination. Sublicensee shall coordinate with the Project Management Office of the Local Reuse Authority (“LRA”) at least seven (7) business days in advance of its

3 use of the Licensed Premises, except for such uses requiring ten (10) day notice as provided herein, and at least fifteen (15) days in advance of delivery of equipment, or for test road maintenance, such as mowing and stripping. By the 25th day of each month, the Sublicensee shall provide a monthly schedule of the subsequent month’s planned use/testing activities to the LRA. The primary point of contact at the LRA is Israel Mora at (925) 671-3001, whose email address is [email protected]. An alternate point of contact is Guy Bjerke at (925) 671-3076, whose email address is [email protected]. The LRA shall coordinate with the Master Licensor and provide notice and submittals as set forth in section (1) of Exhibit C of the Master License. While City will make reasonable efforts to accommodate Sublicensee requests to use the Licensed Premises and have specific roadways mowed, the Licensed Premises are subject to sublicenses with other uses. As such, City may grant, modify, or refuse any request by Sublicensee to use the Licensed Premises to the extent necessary to accommodate other users and uses.

C. Performance by Sublicensee. Sublicensee shall perform to Sublicensor, or directly to Master Licensor, where appropriate, all of Licensee's obligations under the Master License, except for those obligations in Master License Section 3 (Dates Covered), Section 8 (Cash Payment by Licensee – Due In Advance), subsection 9 of Exhibit B (Insurance), subsection (1) of Exhibit C and the notice provisions of subsection (20) of Exhibit B. Between Sublicensee and Sublicensor, Sublicensor has the sole responsibility of performing the obligations in Master License Section 3 (Dates Covered), Section 8 (Cash Payment by Licensee – Due In Advance), subsection 9 of Exhibit B (Insurance), subsection (1) of Exhibit C and the notice provisions of subsection (20) of Exhibit B.

D. No Assumption by Sublicensor. Sublicensor does not assume any obligations of Master Licensor under the provisions of the Master License, but shall exercise due diligence in attempting to cause Master Licensor to perform its obligations under the Master License for the benefit of Sublicensee.

4. Indemnity; Acknowledgement of Risk.

A. Notwithstanding anything in the Master License or this Sublicense to the contrary, Sublicensee’s indemnity obligations toward the City under Master License subsection 8 of Exhibit B (Indemnification), Section 9 of Exhibit C of the Master License, and under this Sublicense shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of City.

B. As set forth in Section 9 of Exhibit C of the Master License, Sublicensee expressly acknowledges that it is entering the Licensed Premises at its own risk and Sublicensee expressly indemnifies and holds the Sublicensor and Master Licensor harmless for any damage or harm to Sublicensee resulting from use of the Licensed Premises. Further, Sublicensee acknowledges that it has been provided with a complete copy of the Master License and has been personally advised of the risks associated with use of the Licensed Premises, including, but not limited to, those risks related to contact with unexploded ordnance. Should the Sublicensee

4 encounter any metallic objects, it shall immediately cease all activity and notify the CSO and the Sublicensor.

C. Sublicensee further agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City, its officers, officials, employees, agents, representatives and volunteers (each, a “City Party”) from and against any and all claims, demands, actions, losses, damages, injuries, and liability, including all attorney’s fees, expert fees, consultant fees, and other litigation costs and expenses (“Claims”) arising out of or connected in any way with: (a) Sublicensee’s or any Sublicense Party’s activities on or about, operation, and/or use the Licensed Premises, or any portion thereof; (b) this Sublicense; or (c) Sublicensee’s or any Sublicense Party’s performance, non-performance, breach, or default, performance, non-performance, breach, or default, under this Sublicense (individually and collectively, “Activities”), except to the extent caused by City’s sole or active negligence or willful misconduct. “Sublicense Party” means any of Sublicensee’s partners, officers, officials, volunteers, shareholders, members, employees, agents, invitees, representatives, contractors, subcontractors, sub-licensees, successors, assigns, consultants, experts, and any other person or entity affiliated with Sublicensee or under Sublicensee’s direction or control.

5. Insurance. Sublicensee shall, at its own expense, procure and maintain in full force at all times during the term of this Sublicense the following insurance:

A. Commercial General Liability Coverage. Sublicensee shall maintain commercial general liability insurance with limits of no less than two million dollars ($2,000,000) single limit per occurrence; bodily injury with limits of no less than three million dollars ($3,000,000) single limit per occurrence; property damage of two million dollars ($2,000,000) per occurrence and fire/legal liability of two million dollars ($2,000,000) per occurrence.

B. Automobile Liability Coverage. Sublicensee shall maintain automobile liability insurance covering all vehicles used in the performance of this Sublicense providing a two million dollar ($2,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

C. Compliance with State Workers’ Compensation Requirements. Sublicensee covenants that it will insure itself against liability for Workers’ Compensation pursuant to the provisions of California Labor Code §3700, et seq. Sublicensee shall, at all times, upon demand of the City, furnish proof that Workers’ Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Sublicensee for City. This provision shall not apply upon written verification by Sublicensee that Sublicensee has no employees.

D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:

5 (1) Additional Insured. City, the United States of America (Department of the Navy) and its and their officers, agents, employees, and volunteers are to be covered as additional insureds (“Additional Insureds”) as respects: Liability arising out of activities performed by or on behalf of Sublicensee and operations of Sublicensee, premises owned, occupied, or used by Sublicensee. The coverage shall contain no special limitations on the scope or protection afforded to the Additional Insureds. Except for worker’s compensation and professional liability insurance, the policies mentioned in this subsection shall name the Additional Insureds and provide for notice of cancellation, reduction in amount or material change to the Additional Insureds. No cancellation, reduction in amount or material change in coverage shall be effective until at least 60 days’ after receipt by the Additional Insureds of written notice (30 days for nonpayment of the premium). Sublicensee shall also provide timely and prompt notice to City if Sublicensee receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. Sublicensee’s insurance coverage shall be primary insurance with respect to the Additional Insureds. Any insurance, risk pooling arrangement, or self-insurance maintained by the Additional Insureds shall be in excess of Sublicensee’s insurance and shall not contribute with it. (3) Waiver of Subrogation. Sublicensee’s insurer shall agree to waive all rights of subrogation against the Additional Insureds.
(4) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the Additional Insureds. (5) Verification of Coverage. Sublicensee shall furnish City with certificates of insurance and the original endorsements effecting coverage required by this Sublicense. 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 Sublicense 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.

6. Compliance With Laws. Sublicensee shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes, ordinances, rules, regulations, permitting requirements, labor codes, prevailing wage requirements, hazardous materials laws, the Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., covenants and restrictions of record, life and fire safety and similar requirements, including those of the State of California, the County of Contra Costa, the City of Concord, or other applicable authority, all as amended from time to time (“Laws”) which apply to any Activities, including those requiring payment of any fees, charges or assessments arising out of or in any way related to any Activities or any portion thereof as a source of adverse environmental impacts or effects. Sublicensee shall not permit or suffer any mechanic’s lien to

6 be filed against the Licensed Premises, any portion thereof, or any interest therein, and shall immediately discharge any such lien. Sublicensee agrees to and shall protect, defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party from and against any and all Claims arising out of or connected in any way with any such lien, except to the extent caused by City’s sole or active negligence or willful misconduct.

7. Environmental Matters.

A. Definitions. “Hazardous Materials” means hazardous waste (as defined in 42 U.S.C. 16901, et seq.), hazardous substance (as defined in 42 U.S.C. §9601, et seq.), and any other hazardous, toxic, radioactive, carcinogenic, or prohibited materials, substances or wastes. “Hazardous Materials Laws” means all Laws concerning the management, use, generation, storage, transportation, presence, discharge or disposal of Hazardous Materials.

B. Generator. City shall not be identified on any documents or otherwise as the generator of any materials or wastes on any manifests or similar documents regarding any Hazardous Materials, or any other materials or wastes resulting from the Work.

C. Compliance with Hazardous Materials Laws. Sublicensee shall, at its sole cost and expense, comply with all Hazardous Materials Laws. Neither Sublicensee nor Sublicense Parties shall use, handle, store, transport, release or dispose of any Hazardous Materials anywhere in, on, under or about the Licensed Premises or any portion thereof. Sublicensee shall cause any and all Hazardous Materials brought onto, used, generated, stored or discharged in, on, under or about the Licensed Premises or any portion thereof to be removed from the Licensed Premises and all portions thereof, and transported for disposal in accordance with applicable Hazardous Materials Laws. City shall have the right to conduct tests, inspections and surveys concerning Hazardous Materials and to monitor Sublicensee’s compliance with its obligations concerning Hazardous Materials and Hazard Materials Laws. Sublicensee shall immediately notify City in writing of any voluntary clean-up or removal action instituted or proposed by Sublicensee, any enforcement, clean-up, removal or other governmental or regulatory action instituted or threatened, or any claim made or threatened by any person against Sublicensee, the Licensed Premises or any portion thereof, relating to Hazardous Materials or Hazardous Materials Laws. Sublicensee shall also supply to City as promptly as possible, and in any event within five (5) business days after Sublicensee receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations concerning Hazardous Materials or Hazardous Materials Laws which in any way relate to the Licensed Premises, any portion thereof, or Sublicensee’s access to or use thereof.

D. Indemnification. Except to the extent caused by City’s sole or active negligence or willful misconduct, Sublicensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party from and against any and all Claims (including investigation, removal, remediation, cleanup and monitoring costs), asserted against or incurred at any time and from time-to-time by reason of or arising out or connected in any way with (a) any Activities; (b) the use, generation, storage,

7 treatment, handling, transportation, disposal or release of any Hazardous Materials by or for Sublicensee or any Sublicense Party; or (c) the violation of any Hazardous Materials law by Sublicensee or any Sublicense Party. Such indemnity obligation shall include any Claims for tangible or intangible property damage; compensation for lost wages, business income, profits or other economic loss; damage to the natural resource or the environment; nuisance; trespass; and/or contamination, leak, spill, release or other adverse effect on the environment.

8. Notices. All written notices to be given in connection with this Sublicense shall be sufficient if sent by (a) first class mail, postage prepaid, and return receipt requested or (b) national overnight delivery service, addressed to the party entitled to receive such notice at the address specified below by such party, or changed by written notice in accordance with this section. All such notices shall be deemed delivered upon actual receipt, or upon the first attempt at delivery if the intended recipient refuses to accept delivery.

Sublicensor: City of Concord
Local Reuse Authority
1950 Parkside Drive, MS/56
Concord, CA 94519

Attn: Guy Bjerke, Executive Director
[email protected]

Sublicensee: Contra Costa Transportation Authority
2999 Oak Road, Suite 100
Walnut Creek, CA 94597

Attn: Jack Hall, ITS CAV Program Manager
[email protected]

9. Notice by Master Licensor to Sublicensor. Whenever Sublicensor receives a notice from Master Licensor under the Master License that will affect the rights of Sublicensee, Sublicensor shall endeavor to deliver such notice to Sublicensee as soon as possible and in any event within ten (10) business days after Sublicensor receives such notice.

10. Execution. By their signatures below, each of the following represents that it has authority to execute this Sublicense and to bind the party on whose behalf the execution is made.

11. Counterparts. This Sublicense may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. The signature pages of multiple counterparts may be combined into a single document.

8 12. Non-Waiver. The waiver by either party of any breach of any term, covenant, or condition contained in this Sublicense, or any default in their performance of any obligations under this Sublicense 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.

13. Enforceability; Interpretation. All duties and obligations of Sublicensee hereunder shall also be deemed to the duties and obligations of each Partner, and Sublicensee shall be responsible for any breach of any provision of this Sublicense by any Partner, except for those contemplated otherwise herein. In the event that any of the provisions or portions of application of any of the provisions of this Sublicense are held to be illegal or invalid by a court of competent jurisdiction, City and Sublicensee shall negotiate an equitable adjustment in the provisions of this Sublicense with a view toward affecting the purpose of this Sublicense. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Sublicense shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this Sublicense. This Sublicense 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. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Sublicense and the meaning of the provisions hereof. Headings used in this Sublicense are for convenience of reference only and shall not be used in construing this Sublicense. Where the context so requires, the use of the singular shall include the plural and vice versa. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”

14. Successors and Assigns; No Third Party Beneficiaries; No Joint Venture. Sublicensee binds itself and its successors and assigns to the terms and obligations of this Sublicense.

Sublicensee shall not assign or transfer any interest in this Sublicense without the City’s prior written consent, which City may withhold in its sole discretion. Any attempted assignment or transfer in breach of this provision shall be void and of no force or effect. This Sublicense is not intended and shall not be construed to create any third party benefit, or any joint venture, partnership, employment, or agency relationship between the parties.

15. No Title; No Recording. Nothing in this Sublicense or any activities pursuant to this Sublicense shall convey or create in Sublicensee any right, title or interest in the Licensed Premises or any portion thereof. Sublicensee may not record this Sublicense or a memorandum referring to this Sublicense.

16. Integration. The recitals and any exhibits attached to this Sublicense are incorporated by reference as though fully restated herein. This Sublicense contains the entire agreement and understanding between the parties as to the subject matter of this Sublicense, and merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between Sublicensee and City, whether oral or written.

9 17. Non-Liability. Neither City nor any City Party shall be personally liable to Sublicensee or otherwise in the event of any default or breach of the City, or for any amount which may become due to Sublicensee or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Sublicense.

18. Survival. The terms and conditions of the following Sections shall survive any termination or expiration of this Sublicense: Section 4 (Indemnity; Acknowledgement of Risk), Section 5 (Insurance), Section 6 (Compliance with Laws), Section 7 (Environmental Matters), Section 17 (Non-Liability), and Section 18 (Survival).

[Signatures follow on next page]

10 IN WITNESS WHEREOF, Sublicensor and Sublicensee have respectively entered into this Sublicense as of the day and year first written above.

SUBLICENSOR:

CITY OF CONCORD
By: ___________________________
Valerie J. Barone
City Manager
SUBLICENSEE:

Contra Costa Transportation Authority,
a public agency
By:

Name: Newell Arnerich
Title: Board Chair
Email: [email protected]
ATTEST:

By: ___________________________
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

By: ___________________________
Susanne Meyer Brown
City Attorney
Master Licensor hereby consents to the foregoing
Sublicense.

MASTER LICENSOR:

UNITED STATES OF AMERICA,

DEPARTMENT OF THE NAVY
By:

Name: Elizabeth A. Larson
Title: Real Estate Contracting Officer
Email: [email protected]
9/11/2024
9/16/2024
9/16/2024
9/16/2024
9/16/2024

Ord. No. 25-3 1
ORDINANCE NO. 25-3

AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE CHAPTER

19.40 “RESIDENTIAL TENANT PROTECTION PROGRAM” TO REVISE

EXISTING PROVISIONS THEREOF, INCLUDING BUT NOT LIMITED TO

ADJUSTING THE ANNUAL ALLOWABLE RENT INCREASE, AND THE
APPLICABILITY OF THE “JUST CAUSE” PROVISIONS TO RENTED

SINGLE-FAMILY HOMES AND CONDOMINIUMS
WHEREAS, on October 7, 2019, the Governor of the State of California signed AB 1482 into law. AB 1482 addresses a number of rental housing policies, including maximum rent increases, just cause eviction protections, and relocation assistance; and WHEREAS, on July 7, 2020, the City Council adopted Ordinance No. 20-7 adding Concord Municipal Code Chapter 19.40 "Residential Tenant Protection Program" to establish a Residential Tenant Protection Program that became effective August 28, 2020, and requires, among other things, relocation assistance for no-fault just cause evictions, and that tenants be provided a written lease with minimum lease terms; and
WHEREAS, on January 12, 2021, the City Council adopted Ordinance No. 20-10 amending Concord Municipal Code (CMC) Chapter 19.40 "Residential Tenant Protection Program" by adding Section 19.40.110 "Rent Registry" establishing a Rent Registry Program that became effective July 1, 2021, and requires property owners to provide information on tenancy and rents; and WHEREAS, there presently exists a critical shortage of rental housing in the City. Due to this shortage, it is very difficult to find adequate, safe, and habitable rental housing at reasonable rents; and
WHEREAS, due to the shortage of rental units, rents in the City are increasing excessively. A substantial number of persons in the City who reside in rental units spend a high percentage of their income on rent, and many have been forced to move out because they could no longer afford to pay the increase in rent; and
WHEREAS, low- and moderate-income tenants have difficulty finding affordable housing after being displaced due to a rent increase; and

5.a5.a5.a5.a5.a

Ord. No. 25-3 2
WHEREAS, the City Council desires to promote long-term stability and certainty for tenants in the rental market while providing landlords an ability to receive a fair return on their property; and.

WHEREAS, at a duly noticed public meeting held on January 12, 2023, as part of the City’s 6th Cycle Housing Element Update efforts, the City Council directed staff to prioritize development of a just cause for eviction and rent stabilization ordinance; and WHEREAS, based on such direction, City staff solicited and received input from property owner representatives on July 26, 2023, and from tenant representatives on July 27, 2023, (collectively, “Community Meetings”); and
WHEREAS, City staff also solicited responses from a broader group of tenants and property owners through the use of online surveys, from July 31 through August 20, 2023, (collectively, “Community Surveys”); and
WHEREAS, City staff further corresponded with affordable housing providers to better understand the potential impact of rent stabilization and just cause for eviction ordinances on these entities; and
WHEREAS, the City Council held duly noticed public meetings on September 5, September 12, and October 10, 2023, received input from the public, tenants and advocates, property owners and property owner representatives, City staff and consultants, and provided policy direction on development of a just cause for eviction and rent stabilization ordinance; and WHEREAS, the City Council, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on December 12, 2023, which public hearing was then continued to January 9, 2024, and further continued to January 30, 2024, a duly noticed public hearing on February 13, 2024, the City Council adopted an ordinance amending CMC Chapter 19.40 to establish a Residential Tenant Protection Program expanding the City’s rent registry program and imposing rent stabilization and just cause for eviction requirements on certain types of rented dwelling units within the City; and
WHEREAS, the City Council held a duly noticed public meetings on February 4, 2025, February 25, 2025, and duly noticed public hearings on March 25, 2025, and April 22, 2025,

Ord. No. 25-3 3
(“Amendment Meetings”) and to consider changes to the scope of the City’s Residential Tenant Protection Program, received input from the public, tenants and advocates, property owners and property owner representatives, City staff and consultants, and provided policy direction on development of amendments to the existing just cause for eviction and rent stabilization ordinance; and
WHEREAS, at such public hearings, the City Council considered all oral and written information, testimony, and comments received during the public review process, including oral and written staff reports, materials, documents, exhibits, reports, studies, memoranda, testimony, and community input received at the Amendment Meetings, the City of Concord Municipal Code, applicable City laws and regulations, and all other information that constitutes the record of proceedings upon which the City Council has based its decision and which are maintained at the offices of the City Clerk, 1950 Parkside Drive, MS/3 Concord, CA 94519 (collectively, “Ordinance Information”).

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

Section 1. Recitals. The City Council finds that the above recitals (which are hereby incorporated by reference) are accurate and constitute findings in this matter and, together with the Ordinance Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Ordinance and further makes the following findings:

Section 2. Binding Findings. Pursuant to Civil Code Section 1946.2(g)(1)(B), the City Council hereby makes the following binding findings within this Ordinance that this Ordinance is more protective than the provisions of Civil Code Section 1946.2 because, even with the proposed amendments:
(a) The just cause for termination of a residential Tenancy under the Ordinance is and remains consistent with and more protective than Civil Code Section 1946.2; and (b) The Ordinance continues to provide additional tenant protections that are not prohibited by any other provision of law, because it provides for earlier and higher relocation

Ord. No. 25-3 4
assistance amounts than those available to tenants covered by Civil Code Section 1946.2, requires certain minimum lease terms, limits the exemptions listed in Civil Code Section 1946.2 and in particular applies just cause for termination of a Tenancy to Dwelling Units regardless of when a certificate of occupancy is issued for the Dwelling Unit and protects Tenants upon commencement of the Tenancy; and
(c) As provided in Civil Code Section 1946.2(g)(2), a residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential Tenancy and Civil Code Section 1946.2. The Ordinance intends to cover those dwelling units defined as Covered Rental Units and to the extent such units are covered by the Ordinance, such units will not be subject to Civil Code Sections 1946.7 and 1947.12.

Section 3. CEQA. Adoption of this Ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because the adoption of the Ordinance does not constitute a “project,” and will not result in a direct or reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines Sections 15060(c), 15378 and Public Resources Code Section 21065. In addition, the proposed Ordinance is categorically exempt pursuant to Section 15061(b)(3), the common sense exception of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 4. Ordinance Information. The City Council has reviewed, considered, and evaluated all of the Ordinance Information prior to acting on the Ordinance. The Ordinance Information is located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.

Section 5. Municipal Code Amendment. The City Council hereby approves and adopts the amendment to Concord Municipal Code Chapter 19.40 as set forth in Exhibit A, attached hereto and incorporated by reference.

Ord. No. 25-3 5
Section 6. Severability. If any section, subsection, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, or its application to any other person or circumstance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Section 7. Publication and Effective Date. This Ordinance shall take effect thirty (30) days following passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Council members. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord. __________________________________
Carlyn S. Obringer
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
//
//

Ord. No. 25-3 6
Ordinance No. 25-XX was duly and regularly introduced at a special meeting of the City Council of the City of Concord held on March 25, 2025, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council held on April 22, 2025, by the following vote:

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

Joelle Fockler, MMC
City Clerk
Attachment: Exhibit A – Ordinance (Amendment to Chapter 19.40, Residential Tenant Protection Program)

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024.

Chapter 19.40

RESIDENTIAL TENANT PROTECTION PROGRAM
Sections:

19.40.010 Binding findings; definitions; citation.

19.40.020 General applicability of chapter; exemptions.

19.40.030 Rent stabilization.

19.40.040 Permitted rent increases for covered rental units.

19.40.050 Rent adjustment petitions.

19.40.060 Annual rental registration.

19.40.070 Just cause for eviction.

19.40.080 Relocation assistance for no-fault termination of tenancy; moving stipend.

19.40.090 Requirement to offer written lease; minimum lease terms.

19.40.100 Notice of tenant rights.

19.40.110 Procedures and guidelines.

19.40.120 Remedies.

19.40.130 Waiver prohibited.

19.40.140 Severability.

Prior legislation: Ord. Nos. 20-7 and 20-10.

19.40.010 Binding findings; definitions; citation.
(a) Binding findings. Pursuant to Civil Code Section 1946.2(g)(1)(B), the City Council hereby makes the following binding findings within this chapter, that this chapter is more protective than the provisions of Civil Code Section 1946.2 because:
(1) The just cause for termination of a residential tenancy under this chapter is consistent with and more protective than Civil Code Section 1946.2; and
(2) This chapter provides additional tenant protections that are not prohibited by any other provision of law, because it applies upon legal possession of a covered dwelling unit. provides for earlier and higher relocation assistance amounts than those available to tenants covered by Civil Code Section 1946.2, requires certain minimum lease terms, limits the exemptions listed in Civil Code Section 1946.2 and in particular applies just cause for termination of a tenancy to dwelling units regardless of when a certificate of occupancy is issued for the dwelling unit and protects tenants upon commencement of the tenancy; and (3) As provided in Civil Code Section 1946.2(g)(2), a residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancy and Civil Code Section 1946.2.

This chapter intends to cover those dwelling units defined as covered rental units and to the extent such dwelling units are covered by this chapter, such dwelling units will not be subject to Civil Code Sections 1946.2 and 1947.12.
(b) The City Council finds that there presently exists a critical shortage of rental housing in the city. Due to this shortage, it is very difficult to find adequate, safe, and habitable rental housing at reasonable rents. (1) Due to the shortage of rental units, rents in the city are increasing excessively. A substantial number of persons in the city who reside in rental units spend a high percentage of their income on rent, and many have been forced to move out because they could no longer afford to pay the increase in rent. Further, low- and moderate-income tenants have difficulty finding affordable housing after being displaced due to a rent increase. (2) The purposes of this chapter are to promote long-term stability and certainty for tenants in the rental market while providing landlords an ability to receive a fair return on their property. This chapter regulates rents and terminations of tenancy, including requiring relocation assistance and affording a tenant the right to return under certain circumstances. It requires landlords to register covered rental units, establishes an administrative hearing process, and provides for procedures and guidelines for the implementation of this chapter.

Exhibit A

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (c) Definitions. The following terms shall have the meaning provided below when used in this chapter, whether plural or singular:
(1) Accessory dwelling unit shall mean an accessory dwelling unit or a junior accessory dwelling unit, as those terms are defined in Section 18.200.180, which has received a valid accessory dwelling unit or a junior accessory dwelling unit permit from the city or Contra Costa County. (2) Accommodations shall be as defined in the Government Code Section 7060(b)(1), which, for convenience, reads as follows:
(1) “Accommodations” means either of the following:
(A) The residential rental units in any detached physical structure containing four or more residential rental units.
(B) With respect to a detached physical structure containing three or fewer residential rental units, the residential rental units in that structure and in any other structure located on the same parcel of land, including any detached physical structure specified in subparagraph (A). (3) Allowable annual rent increase shall mean the annual rent increase as set forth in Section 19.40.040. (4) Base rent shall mean as follows: For tenancies commenced on or before April 4, 2023, the rent in effect on April 4, 2023, plus the initial allowable annual rent increase. For tenancies commenced after April 4, 2023, but prior to the effective date of this chapter, the rent charged upon initial occupancy, plus the initial allowable annual rent increase. For tenancies commenced after the effective date of this chapter, the rent charged upon initial occupancy. The foregoing amounts are subject to the assumption that such amounts are not in violation of this chapter or any provision of state law. Nothing in this definition is intended to alter the requirement that a landlord provide a tenant with valid, written notice of any change in the terms of the rental agreement (including any rent decrease or rent increase) as required by Civil Code Section 827. (5) Base year shall mean the 2022 calendar year.
(6) City Council shall mean the City Council of the City of Concord. (7) City shall mean the City of Concord.
(8) City Manager shall mean the Concord City Manager or their designee. (9) Code shall mean the Concord Municipal Code.
(10) Covered dwelling unit and covered rental unit are used interchangeably and shall mean a dwelling unit located within the City not specifically exempted under Section 19.40.020(1) or (2). (11) CPI shall mean Consumer Price Index for all urban consumers for the San Francisco-Oakland-Hayward, California area, or any successor designation of that index that may later be adopted by the U.S. Department of Labor for April of each year. Calculation of the CPI percentage will be determined by the city and set forth in its procedures and guidelines.
(12) Disabled shall mean any mental or physical disability as defined in Government Code Section 12955.3. A “disabled tenant” is a tenant who is disabled.
(13) Dwelling unit shall mean a dwelling unit, as defined under California Civil Code Section 1940(c), including joint living and work quarters, that is used or occupied in consideration of payment of rent, and applies to any dwelling space that is actually used for residential purposes, whether or not the residential use is legally permitted, including live-work spaces, mobile homes rented to a tenant, and any accessory dwelling unit in the city.
(14) Ellis Act shall mean California Government Code Sections 7060 through 7060.7.

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (15) Fair return petition shall mean a petition filed by a landlord seeking a fair return rent increase pursuant to Section 19.40.050.
(16) Fair return rent increase shall mean the amount by which base rent plus any allowable annual rent increase may be increased in accordance with an approved fair return petition submitted pursuant to Section

19.40.050.
(17) Hearing officer shall mean an official appointed by the City Attorney to conduct an administrative hearing pursuant to this chapter.
(18) Housing services include, but are not limited to, repairs, maintenance, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, access to exterior doors, entry systems and gates, utilities (unless separately metered and billed to the tenant by the utility company since the inception of the tenancy, as provided in the rental agreement), refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants or tenants, the right to have pets, utility infrastructure, and any other benefit, privilege or facility connected with the use or occupancy of any dwelling unit.
(19) HUD FMR rent shall mean the fair market rent published by the U.S. Department of Housing and Urban Development for the applicable year for Contra Costa County. (20) Initial allowable annual rent increase shall mean 60 percent of the CPI increase for the 12-month period from April 2022 to April 2023, which equals 2.52 percent. (21) Landlord or owner shall mean any person, acting as principal or through an agent, having the right to offer a dwelling unit for rent, and includes a sublessor, except that this term does not include the owner or operator of a mobile home park or his or her agent, but does include the owner of a mobile home if the mobile home is offered for rent.
(22) Landlord’s family member shall mean a landlord’s parent, child, spouse or registered domestic partner, grandparent, or grandchild.
(23) Lawful rent shall mean the base rent for a covered rental unit as such base rent may be increased by any annual allowable rent increase and any fair return rent increase permitted by this chapter. Lawful rent expressly excludes any unlawful rent.
(24) Lawful rent increase shall mean the annual allowable rent increase together with any fair return rent increase permitted for the covered rental unit as specified in this chapter. Lawful rent increase expressly excludes any unlawful rent increase.
(25) Lower-income tenant shall mean a person and family whose income does not exceed the qualifying limits for lower-income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code Section 50079.5. (26) Moving stipend is defined in Section 19.40.080(a)(2)(e). (27) Natural person is defined in Section 19.70.070(d)(1)f.1. (28) Property shall mean the real property on which the dwelling unit or units are located. For purposes of Ellis Act evictions only, property shall mean the parcel on which the accommodations are located. (29) Protected tenant shall mean any lower-income tenant, disabled tenant, senior tenant, terminally ill tenant, and any tenant whose household contains school-aged children. (30) Rent shall mean all payments and all nonmonetary consideration including, but not limited to, the fair market value of goods, labor performed or services rendered to or for the benefit of the landlord under a rental agreement concerning the use or occupancy of a dwelling unit and premises and attendant housing services,

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. including all payment and consideration demanded or paid for parking, utility charges, pets, furniture, and other benefits, privilege or facility connected with the use or occupancy of the dwelling unit. (31) Rental agreement shall mean an oral or written lease, sublease, or similar agreement between a landlord and a tenant for the lawful occupancy of a dwelling unit. (32) School-aged child or school-aged children shall mean any TK-12th grade student enrolled full-time in a brick-and-mortar school, or a special needs student enrolled full-time in a brick-and-mortar school, living in the tenant’s covered rental unit.
(33) School year shall mean the first day of instruction for the fall semester through the last day of instruction for the spring semester, as posted on the applicable school’s website. (34) Senior tenant shall mean a tenant who is at least 62 years of age or older as defined in Government Code Section 7060.4.
(35) Significant hardship is defined in Section 19.40.070(d)(1)(c). (36) Single-family homes/condominiums shall mean any dwelling unit that is alienable separate (i.e., separately transferrable) from the title to any other dwelling unit, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5(b), (d), or (f), including without limitation single- family residences and condominiums, but excluding mobile homes offered for rent. (37) State shall mean the state of California.
(38) Substantial remodel or substantially remodel shall mean either of the following that cannot be reasonably accomplished in a safe manner that allows the tenant to remain living in the covered rental unit and that requires the tenant to vacate the covered rental unit for at least 30 consecutive days: (1) the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency; or (2) the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the covered rental unit vacated, do not qualify as substantial remodel. (39) Tenancy shall mean the lawful occupation of a dwelling unit and includes a lease or a sublease. (40) Tenant shall mean a tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a rental agreement to the use or occupancy of any dwelling unit. (41) Terminally ill tenant shall mean a tenant who has a terminal disease as defined in California’s End of Life Option Act as any “incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, result in death within six months” pursuant to Health and Safety Code Section 443.1 and which is verified in writing by the tenant’s medical care provider. (42) Unlawful rent shall mean any rent charged by a landlord to or paid by a tenant for a covered rental unit which exceeds the tenant’s base rent together with any lawful rent increase. (d) Citation. This chapter may be referred to as the “residential tenant protection program” of the city. The words “this chapter” and “this ordinance” are used interchangeably herein. (Ord. No. 24-3, § 5 (Exh. A))

19.40.020 General applicability of chapter; exemptions.

This chapter shall apply to all landlords and tenants in dwelling units within the jurisdictional limits of the city, unless otherwise exempted by state law or the provisions of this chapter. (1) Fully exempt (exempt from both rent stabilization and just cause for eviction). The following dwelling units are exempt from all provisions of this chapter:

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. a. Units in hotels as defined in Section 18.20.020 which, for convenience, reads as follows:
“Hotel” or “motel” means a facility that provides guest rooms or suites, with or without kitchen facilities, rented to the public for transient lodging. These facilities typically include a variety of services in addition to lodging, such as restaurants, meeting facilities, spas or other personal services, and accessory guest facilities including swimming pools, sport courts, exercise facilities, and accessory retail sales. This classification does not include rooming houses, boardinghouses, or private residential clubs (see “Group housing” under “Residential Facility,” and “Bed and breakfast inn”).

For purposes of this chapter only, “hotel” or “motel” does not include short-term rental arrangements in which a dwelling unit is hired or occupied by reason of concession, permit, right of access, license, or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days.
b. Institutional facilities. Housing accommodations in a hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services. c. Dormitories owned and operated by an institution of higher education or a kindergarten and grades one to 12, inclusive, school.
d. Government owned. Housing accommodations which are owned by a public agency or authority, or which are specifically exempted under state or federal law or administrative regulation. e. Dwelling units in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the property.
f. Emergency shelters and homeless shelters as defined in Section 18.200.070. g. Residential facility/ies, as defined in Section 18.20.020. h. Accessory dwelling units.
i. A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
(2) Partially exempt (exempt from rent stabilization but subject to just cause for eviction). The following dwelling units are exempt from all rent stabilization provisions of this chapter:
a. Dwelling units that are expressly exempt under state or federal law. This includes any dwelling unit that has a certificate of occupancy or equivalent permit for residential occupancy issued after February 1, 1995.

For this purpose, a certificate of occupancy is the certificate issued before the property is used for any residential purposes.
b. Three or more rented single-family homes/condominiums. Rented single-family homes/condominiums, but only to the extent that three or more are offered for rent by the same or substantially similar landlord, owner, or natural person. For purposes of determining if this exemption applies, the City Manager is hereby delegated the authority to determine whether or not the landlords, owners, or natural persons are “the same or substantially similar” using those criteria the City Manager deems appropriate, including but not limited to ascertaining whether the dwelling units have any landlords, owners, or natural persons in common.

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (3) Partially exempt (exempt from rent stabilization and just cause for eviction but subject to the rent registry).

The following dwelling units are exempt from all provisions of this chapter except for the annual rental registration requirements pursuant to Section 19.40.060:
a. Two or fewer rented single-family homes/condominiums. Single-family homes/condominiums, but only to the extent that two or fewer (i.e., no more than two) are offered for rent by the same or substantially similar landlord, owner, or natural person. For purposes of determining if this exemption applies, the City Manager is hereby delegated the authority to determine whether or not the landlords, owners, or natural persons are “the same or substantially similar” using those criteria the City Manager deems appropriate, including but not limited to ascertaining whether the dwelling units have any landlords, owners, or natural persons in common.
(Ord. No. 24-3, § 5 (Exh. A))

19.40.030 Rent stabilization.
(a) Subject to Section 19.40.020, no landlord shall charge rent in an amount that exceeds the base rent plus any lawful rent increases permitted by this chapter.
(Ord. No. 24-3, § 5 (Exh. A))

19.40.040 Permitted rent increases for covered rental units. (a) A landlord may, but shall not be obligated to, impose the initial allowable annual rent increase, fair return rent increase, or any other allowable annual rent increase for any covered rental unit, as allowed in this section after providing prior written notice to the tenant of the rent increase pursuant to California Civil Code Section 827, as may be amended.
(b) Notwithstanding the foregoing, a landlord shall be prohibited from imposing any rent increase, unless the covered rental unit is registered with the city pursuant to Section 19.40.060, and the landlord is not delinquent in any registry fees, accrued interest, fines, and/or penalties. (c) Allowable annual rent increases.
(1) For the period from April 1, 2023 to March 31, 2025, this chapter shall limit annual rent increases on covered rental units to no more than 60 percent of the percentage increase in CPI published and reported for the 12-month period ending as of April of the immediately preceding year; provided, however, in no event shall the allowable annual rent increase exceed three percent (the allowable annual rent increase shall be rounded to the nearest one-quarter of a percent).
(2) Beginning in April 1, 2025 and for each 12-month period thereafter, annual allowable rent increases on covered rental units shall be no more than five percent of the lawful rent for the preceding 12-month period. (3) Fair return rent increases may also be applied pursuant to Section 19.40.050. (4) Nothing in this subsection is intended to alter the requirement that a landlord provide a tenant with valid, written notice of any rent increase as required by Civil Code Section 827. (d) Only one allowable annual rent increase and one fair return rent increase (if and to the extent approved by the hearing officer) may be imposed on a covered dwelling unit in any 12-month period, unless otherwise permitted by this chapter.
(e) Rent increase following vacancy (vacancy decontrol). When a tenant has voluntarily vacated, abandoned, or been legally evicted from a covered rental unit, the landlord may set the initial rent for the next tenant, without restriction, at the commencement of the new tenancy.
(f) Allowable annual rent increase banking prohibited. A landlord who seeks to raise lawful rent by the allowable annual rent increase must do so within the 12-month period between August 1st of the current year and July 31st of the following year. A landlord who does not impose an allowable annual rent increase or any portion thereof in the

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. applicable 12-month period automatically waives that allowable annual rent increase or the remaining portion of that allowable annual rent increase for the remainder of the tenancy. (Ord. No. 24-3, § 5 (Exh. A))

19.40.050 Rent adjustment petitions.
(a) Fair return petitions. Landlords who believe they are not receiving a fair return on their property may submit a fair return petition to the city to request an increase in rent beyond that which is permitted under Section 19.40.040. (1) Nothing in this section shall be interpreted to authorize any lawful rent increase in any 12-month period for a covered rental unit in excess of the amount authorized pursuant to California Civil Code Section 1947.12, as may be amended. If a hearing officer awards a landlord a fair return rent increase in excess of the maximum allowable rent increase pursuant to Civil Code Section 1947.12, the landlord may carry forward any portion of the fair return rent increase that could not be taken to a subsequent year until the full fair return rent increase is imposed.
(2) No fair return petition shall be deemed submitted or accepted until the landlord has registered the property and paid all current and past due registration fees for the property. (3) No fair return rent increases shall become effective until all of the following have occurred:
a. The landlord has provided written notice of the fair return rent increase for the covered rental unit in accordance with California Civil Code Section 827, as may be amended; b. After a hearing is held, the hearing officer, in a written decision, grants the fair return rent increase; and c. All amounts due and payable to the city in connection with the fair return petition and hearing have been paid in full.
(4) Standard for approving a fair return petition.
a. Fair return. The landlord has the right to obtain a net operating income equal to the base year net operating income adjusted by the percentage increase in the CPI since the base year. It shall be presumed that this standard provides a fair return. The current year CPI shall be the annual CPI for the calendar year preceding the calendar year the fair return petition is filed. The hearing officer shall make a determination whether the landlord will receive a fair return under this standard. In evaluating whether or not the landlord is receiving a fair return on their investment, the hearing officer may consider other relevant factors without limitation.
b. Base year net operating income. The base year and current year net operating income shall be determined by subtracting the actual operating expenses for the base year from the gross income realized during the base year. The landlord shall provide evidence of gross income, operating expenses, and the determination of net operating income for the base year and current year. All figures shall be certified by the landlord under penalty of perjury as true and correct and with respect to expenses and income used to determine gross income, as permitted pursuant to subsection (a) of this section. c. Rebuttal of base year net operating income presumption. Any party to the hearing may present evidence to rebut the presumption of fair return based upon the base year net operating income, and the hearing officer may adjust said net operating income accordingly if at least one of the following findings is made:

1. The landlord’s operating expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustment may be made in calculating operating expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. The hearing officer shall consider the following factors in making this finding:
(a) Extraordinary amounts were expended for necessary maintenance and repairs;

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (b) Maintenance and repair was below accepted standards so as to cause significant deterioration in the quality of services provided;
(c) Other expenses were unreasonably high or low in comparison to prudent business practices; (d) Costs of debt service paid during the base year, where the proceeds of the debt were used for capital improvements or rehabilitation in the property.

2. The gross income during the base year was disproportionate. In such instances, adjustments may be made in calculating gross income consistent with the purposes of this section. The hearing officer shall consider the following factors in making this finding:
(a) The gross income during the base year was lower than it might have been because some tenants were charged reduced rent;
(b) The gross income during the base year was significantly lower than normal because of the destruction of the premises and/or temporary eviction or vacancies for a substantial remodel, construction, or repairs.

3. The rent charged by the landlord in the base year was significantly below the HUD FMR rent for the most similar unit type.
d. Determination of current net operating income. The net operating income as of the date of filing a fair return petition shall be determined by:

1. Annualizing the rent in effect as of the date of filing to determine the annualized gross income;

2. Determining the operating expenses during the immediately preceding calendar year;

3. Subtracting the operating expenses determined pursuant to subsection (a)(4)(d)(2) of this section from the annualized gross income.
e. Calculation of gross income.

1. For the purposes of determining the net operating income, gross income shall be the sum of the following:
(a) Gross rent calculated as gross rental income at 100 percent occupancy, adjusted for uncollected rent as provided in subsection (a)(4)(e)(2) of this section; (b) Income from any laundry facilities and parking fees; (c) All other income or consideration received or receivable in connection with the use or occupancy of the covered rental unit.

2. Gross rent shall be adjusted for uncollected rent due to vacancy and bad debts to the extent such are beyond the control of the landlord. No such adjustment shall be greater than three percent of gross rent unless justification for a higher rate is demonstrated by the landlord. f. Calculation of operating expenses.

1. For the purposes of determining net operating income, operating expenses shall include the following:
(a) Reasonable costs of operation and maintenance.
(b) Utility costs to the extent they are not paid by the tenants.

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (c) Landlord-performed labor compensated at reasonable hourly rates. No landlord-performed labor shall be included as an operating expense unless the landlord submits documentation showing the date, time and nature of the work performed. There shall be a maximum allowed under this provision of five percent of gross income unless the landlord shows greater services were performed for the benefit of the tenants.
(d) Real property taxes and assessments.
(e) Reasonable costs of operation and maintenance including, but not limited to, costs associated with repairs mandated by law.
(f) Insurance costs to the extent they are not paid by the tenants.

2. Operating expenses shall not include the following:
(a) Mortgage principal or interest payments or other debt service costs or lease payments; (b) Any penalties, fees or interest assessed or awarded for violation of any provision of this chapter or of any other provision of law;
(c) Legal fees except as specified in subsection (a)(4)(f)(3) of this section; (d) Political contributions;
(e) Any expenses for which the landlord has been or will be reimbursed by any discount, security deposit, insurance payment or settlement, judgment for damages, settlement or any other method or device;
(f) Avoidable and unnecessary expense increases since the base year; (g) Depreciation;
(h) Expenses which are excessive in relation to the customary and reasonable costs of such items;
(i) The costs of capital improvements associated with the purchase and/or installation of separate meters or service unless the landlord can demonstrate that such improvements benefit the tenants.

3. Legal expenses allowed in the calculation of operating expenses shall include: attorneys’ fees and costs incurred in connection with successful good-faith attempts to recover rent owing, successful good-faith unlawful detainer actions not in derogation of applicable law, and legal expenses necessarily incurred in dealings with respect to the normal operation of the property to the extent such expenses are not recovered from adverse or other parties. Attorneys’ fees incurred in relation to the administrative or judicial proceedings in connection with subsection (a) of this section are not allowable as operating expenses.
g. Determination of fair return rent increase.

1. The hearing officer shall set the fair return rent increase in the amount required to provide the landlord with a fair return.

2. In determining the fair return rent increase required to provide the landlord with a fair return, the following shall be determined:
(a) The fair return in accordance with subsection (a)(4)(a); (b) The gross income required to produce the fair return;

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (c) The rent increase needed to produce the required gross income. (5) Notices upon submitting petition.
a. Within five calendar days after submission of a landlord’s fair return petition to the city, the landlord shall serve each affected tenant with a notice of the fair return petition via personal service or certified mail.
b. Within 10 calendar days after service on each affected tenant, the landlord shall file with the city a proof of service, signed under penalty of perjury, stating that a copy of the petition was served upon each affected tenant.
(b) Tenant petitions. If a landlord demands or retains unlawful rent for a covered rental unit, a tenant may file a petition to adjust the rent to its lawful level.
(1) Unlawful rent. If a tenant believes that the landlord is demanding unlawful rent for a covered rental unit, then the tenant may submit a tenant petition to the city. (2) Decrease in housing services. A decrease in housing services of a covered rental unit, without a corresponding reduction in rent, is considered an increase in rent. Before filing a petition with the city, a tenant shall provide the landlord all of the following (copies of which must be submitted with the tenant petition):
a. Prior written notice identifying the decrease in housing services of a covered rental unit; and b. A reasonable opportunity to correct the issue(s).
(3) Notices upon submitting petition.
a. Within five calendar days after submission of a tenant petition for rent adjustment to the city, the tenant shall serve the landlord with said petition via personal service or certified mail. b. Within 10 calendar days after service on the landlord, the tenant shall file with the city a proof of service, signed under penalty of perjury, stating that a copy of the petition was served on the landlord. (c) Petition forms. Fair return and tenant petitions must be filed on petition forms prescribed by the city and accompanied by such supporting material as the city may require. Each petition shall be made under penalty of perjury.
(d) Petition fees.
(1) Fair return petitions.
a. Landlords filing a fair return petition shall be responsible for all city costs associated with such petition, including, but not limited to, the cost of the hearing officers, any costs associated with experts, inspection fees, and any other costs. The city shall provide the landlord with an estimate of the costs at least 45 calendar days prior to the first date set for the hearing. The landlord shall deposit with the city the full estimated cost of the hearing at least 30 calendar days prior to the first date set for the hearing. If the deposit is not timely received by the city, the hearing will be postponed, and the hearing shall not be rescheduled until such time as the deposit is received. The city shall have the right to deduct costs incurred from the deposit. Upon the completion of the hearing, the city shall prepare a final invoice of hearing costs.
b. To the extent that the final invoice amount exceeds the amount deposited by the landlord, the landlord shall pay the difference to the city within 10 days of receipt of the final invoice. To the extent the final invoice amount is less than the amount deposited by the landlord, the city shall issue a refund to the landlord for the difference.

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. c. The city will not issue the hearing officer’s final decision until the city has received full payment of the final invoice, and no fair return rent increase, if approved, may be imposed until full payment is received by the city.
(2) Tenant petitions. There shall not be any fee charged for tenants filing a petition for a downward adjustment of rent.
(e) Hearing process.
(1) Upon receipt of a fair return or tenant petition and the proof(s) of service that the petition has been served as provided above, the city shall appoint a hearing officer to conduct a hearing on the petition and to render a final decision on the merits of the petition, subject to this chapter and any procedures, regulations, and guidelines promulgated by the City Manager.
(2) Each party to a petition shall receive sufficient advance notice of the time, date, and place of any hearing regarding the petition.
(3) The hearing officer may require either party to a petition to provide any books, records, and papers deemed pertinent.
(4) If the hearing officer finds good cause to believe that a building or other inspection would assist in resolving the issues raised in the petition, the hearing officer may conduct an inspection and/or request that the city conduct an inspection. Any party submitting a petition shall be required to cooperate with the city to grant and/or secure permission to conduct such inspection, within the constraints of applicable law; failure to do so shall be considered an automatic and voluntary withdrawal of that party’s petition upon written notice by the city thereof. The parties to the petition may be present during the inspection. (5) All hearings conducted pursuant to this chapter shall be open to the parties and their designated representatives, but shall not be open to the public.
(f) Assistance or representation authorized. All parties to a petition may seek assistance from attorneys, recognized tenant organization representatives, or any other person designated by said parties. (g) Consolidation. All fair return petitions pertaining to tenants in the same property shall be consolidated for determination. Tenant petitions for rent adjustment from tenants residing in the same property may be consolidated at the election of the city, in its sole discretion.
(h) Quantum of proof and notice of decision. No petition shall be granted unless supported by the preponderance of the evidence submitted prior to and at the hearing. All parties to the petition shall be sent notice of the decision. (i) Finality of decision. The decision of the hearing officer shall be the final decision and shall not be appealable to the City Council. Any party disputing the final conclusions and findings of the hearing officer may seek review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6. (j) Time of hearing and decision. The city shall not be required to accept petitions until six months after the effective date of the ordinance codified in this chapter. The city shall endeavor, but shall not be required, to schedule a hearing on a petition within 90 days after submittal to the city of the petition and the proof(s) of service. A final decision on a petition shall be made within a reasonable time after the conclusion of the hearing. (Ord. No. 24-3, § 5 (Exh. A))

19.40.060 Annual rental registration.
(a) Registration of covered rental unit. A landlord shall register any covered rental unit (including any rented single- family homes or condominiums) through the city’s designated rent registry portal, shall provide all required information, shall pay the required rent registry fees, and shall annually submit reports. (b) Rent registry fees. A landlord shall pay the required rent registry fees as set forth in the City Council adopted Resolution Establishing Fees and Charges for Various Municipal Services. The fees will be used to finance the cost

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. of the rent registry and implementation and enforcement of this chapter including, but not limited to, administrative time and costs, legal fees and costs, and any other expense incurred to implement, administer, or enforce this chapter.
(c) Late fees, penalty for late payment; penalty for incomplete or false information. Should a landlord fail to pay all or a portion of the rent registry fees, or provide incomplete or false information, the city may recover the outstanding amounts, plus accrued interest, fines, and penalties, utilizing any remedies provided by law or in equity, including municipal tax lien procedures established by ordinance or state law. Such sums shall be calculated as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services and applicable law, may be applied on a per-unit basis, and may be subject to adjustment by the City Attorney or hearing officer. (d) Past due amounts. To the extent that a landlord owes rental registry fees, accrued interest, fines, or penalties incurred prior to the effective date of the ordinance codified in this chapter, such amounts shall continue to be owed and continue to accrue. See also Sections 19.40.040(b) and 19.40.050(a)(2). (e) Termination notices. Within seven calendar days of serving a notice of termination on a tenant, a landlord shall submit a copy of such notice of termination through the city’s designated rent registry portal. (Ord. No. 24-3, § 5 (Exh. A))

19.40.070 Just cause for eviction.
(a) This section shall apply to all landlords and tenants in dwelling units within the jurisdictional limits of the city, unless otherwise exempted by state law or the provisions of this chapter. (b) When terminating a tenancy for cause or no-fault, a landlord must comply with all of the following:
(1) The landlord must serve a written notice to the tenant that, in addition to any information required by federal or state law, the landlord will terminate the tenant’s tenancy because of at least one for-cause or no-fault reason and state the ground(s) for such termination as described in subsection (c) and/or (d) of this section; (2) The landlord has not accepted and will not accept rent or any other consideration in return for the continued use of the covered rental unit beyond the term of the terminated tenancy; and (3) The landlord qualifies the termination as for-cause or no-fault, as specified in this section. (c) For-cause termination of tenancy. If a landlord can show any of the following circumstances with respect to a termination of tenancy in a covered rental unit, the termination qualifies as a for-cause termination:
(1) Default in the payment of rent.
(2) A breach in the material terms of the rental agreement, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the rental agreement after being issued a written notice to correct the violation. (3) Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. (4) Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. (5) The tenant had a written rental agreement, and after a written request or demand from the landlord, the tenant has refused to execute a written extension or renewal of the rental agreement for an additional term of similar duration with similar provisions; provided, that those terms do not violate this chapter or any other provision of law.
(6) Criminal activity by the tenant in the covered rental unit or on the property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, or criminal activity by the tenant on or off the property that is directed at other tenants or the landlord.

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (7) Assigning or subletting the covered rental unit in violation of the rental agreement, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. (8) The tenant’s refusal to allow the landlord to enter the covered rental unit as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code. (9) Using the covered rental unit or any portion of the property for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. (10) The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure. (11) When the tenant fails to deliver possession of the covered rental unit after providing the landlord written notice as provided in Section 1946 of the Civil Code of the tenant’s intention to terminate the hiring of the covered rental unit, or makes a written offer to surrender the covered rental unit that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.
(d) No-fault termination of tenancy. If a landlord can show any of the following circumstances with respect to a termination of tenancy in a covered rental unit, the termination qualifies as a no-fault termination. See subsection (e) of this section for right of return provisions. See Section 19.40.080 for rental assistance and moving stipend provisions.
(1) Owner move-ins. Intent to occupy the covered rental unit by the landlord or the landlord’s family member. a. A landlord may not terminate a tenancy based on intent to occupy the covered rental unit by the landlord or the landlord’s family member if the intended occupant already occupies a dwelling unit on the property or if a vacancy of a similar dwelling unit already exists at the property. b. The written notice terminating a tenancy pursuant to this subsection shall contain the name or names and relationship to the landlord of the intended occupant. The written notice shall additionally include notification that the tenant may request proof that the intended occupant is a landlord or the landlord’s family member. The proof shall be provided upon request and may include an operating agreement and other nonpublic documents.
c. This subsection (d)(1) only applies if the intended occupant moves into the covered rental unit within 90 days after the tenant vacates and occupies the covered rental unit as a primary residence for at least 24 consecutive months. If the intended occupant moves into the covered rental unit within 90 days after the tenant vacates, but before having occupied the covered rental unit as a primary residence for 24 months as required herein, and suffers a serious disability, becomes terminally ill, or suffers some other significant hardship (each, a “significant hardship”) requiring the intended occupant to vacate the covered rental unit, this will not be considered a failure to comply with this section. d. A landlord shall only be allowed to terminate a tenancy pursuant to this subsection (d)(1) if the landlord meets one of the following:

1. Is a natural person that has at least 25 percent recorded ownership interest in the property;

2. Is a natural person who has any recorded ownership interest in the property if 100 percent of the recorded ownership interest is divided among owners who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild; or

3. Is a natural person whose recorded interest in the property is owned through a limited liability company or partnership.
e. Owner move-in protections for senior, disabled, and terminally ill tenants. A landlord may not evict a tenant in order to occupy the covered rental unit by the landlord or the landlord’s family member if the tenant has resided in the dwelling unit for at least three years and is either a senior tenant, a disabled

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. tenant, or a terminally ill tenant, unless the landlord or landlord’s family member who will occupy the covered rental unit is either a senior tenant, a disabled tenant, or a terminally ill tenant, and no other covered rental units are available at the property.
f. As used in this chapter:

1. “Natural person” includes any of the following:
(a) A natural person who is a settlor or beneficiary of a family trust; or (b) If the property is owned by a limited liability company or partnership, a natural person with a 25 percent ownership interest in the property.

2. “Family trust” shall mean a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild.
(2) Ellis Act evictions. Withdrawal of all accommodations at the property from the rental market is subject to the following conditions and requirements pursuant to the Ellis Act:
a. Landlord complies with all provisions of the Ellis Act, unless otherwise indicated in this subsection (d)(2).
b. Not less than 120 days from the date the landlord intends to withdraw the accommodations, and after completion of all required proceedings, if any, the landlord shall provide written notice of termination of tenancy to all affected tenants.
c. Landlord’s notice to all affected tenants shall contain the following information:

1. That the landlord is evicting the tenant pursuant to this subsection (d)(2);

2. That within 30 days of receipt of notice to terminate, the tenant may notify the landlord in writing that the tenant would be interested in re-renting the covered rental unit if any of the covered rental units are reoffered for rent at a future time and advising the tenant to notify the landlord of future address changes;

3. A general description of the tenant’s rights to relocation assistance and any other rights set forth in this chapter and the Ellis Act (relocation assistance and any additional special assistance shall be paid in accordance with Section 19.40.080);

4. Any other information required pursuant to Civil Code Section 7060.4; and

5. A self-addressed, stamped postcard on which the tenant may indicate, under penalty of perjury, whether they or another tenant in the covered dwelling unit are a disabled tenant or senior tenant. d. A senior tenant or a disabled tenant who has resided in the covered rental unit for at least one year prior to the landlord’s notice of intent to withdraw the covered rental unit in a property from the residential rental market, and after receiving 120 days’ written notice, may within 60 days of receipt of the written notice of termination submit a written notice to the landlord of tenant’s status as a senior or disabled tenant, in which event the notice of termination shall be extended to one year from the date of delivery of the notice pursuant to subsection (d)(2)(c) of this section. e. To the fullest extent permitted by law, the city adopts all tenant protections authorized by the state legislature in the following provisions of the Ellis Act: California Government Code Sections 7060.2, 7060.3, 7060.4, 7060.6, and this chapter shall be interpreted to implement all available tenant protections in the aforementioned sections of the Government Code, as they exist as of the effective date of this chapter. See also subsection (e)(2) of this section for Ellis Act right of return provisions. See Section

19.40.120(a)(3) for Ellis Act remedies, including exemplary damages.

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. f. Recordation of notice.

1. The city shall prepare a form notice consistent with Government Code Section 7060.3, and which shall specifically describe the property where the covered rental units are located, the dates applicable to the constraints and the name of the owner of record of the property.

2. Any landlord withdrawing a property containing covered rental units from the rental market shall complete such notice and shall serve such notice on the city concurrent with providing notice to the tenants of the landlord’s intent to withdraw the covered rental units from the residential rental market.

The notice shall be executed by the fee owner(s) of the property, and all such signatures shall be duly notarized.

3. The city shall record the notice with the county recorder. Such notice encumbers the property for 10 years from the date the accommodations are withdrawn from rent or lease. (3) Government orders. The landlord is complying with any of the following:
a. An order issued by a government agency or court relating to habitability that necessitates vacating the covered rental unit; or
b. An order issued by a government agency or court to vacate the covered rental unit; or c. A local ordinance that necessitates vacating the covered rental unit. (4) Intent to demolish/substantially remodel. Intent to demolish or to substantially remodel the covered rental unit.
a. For purposes of this subsection, a tenant is not required to vacate the covered rental unit on any days where a tenant could continue living in the covered rental unit without violating health, safety, and habitability codes and laws.
b. In order to terminate a tenancy based on intent to demolish or to substantially remodel the covered rental unit pursuant to this subsection, a landlord must provide the tenant with written notice pursuant to Civil Code Section 1946.1 which notice shall be in no less than 12-point type, shall be in English and Spanish and include all of the following information:

1. A statement informing the tenant of the landlord’s intent to demolish the property or substantially remodel the covered rental unit or property.

2. The following statement: “If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the Landlord must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the Landlord at the rental rate that was in effect at the time you vacated.

You must notify the Landlord within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the Landlord of your acceptance of the offer.”

3. A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with one of the following:
(a) A copy of the permit or permits (or a written commitment from the applicable governmental agency that such permits are ready to be issued subject only to conditions requiring the property or covered rental unit to be vacant) required to undertake the substantial remodel or demolition; or
(b) If the notice is issued to abate hazardous materials and the remodel does not require any permit, a copy of the signed contract with the contractor hired by the landlord to complete the

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. substantial remodel, that reasonably details the work that will be undertaken to abate the hazardous materials.

4. A notification that the tenant has the right to return to the covered rental unit upon completion of the substantial remodel at the same rent and the same lease terms subject to any lawful rent increases. (e) Tenant’s right of first return to a covered rental unit; rent upon return. (1) Owner move-in right of return. If the intended occupant fails to occupy the covered rental unit within 90 days after the tenant vacates, or if the intended occupant fails to occupy the covered rental unit as their primary residence for at least 24 consecutive months absent a significant hardship as provided in subsection (d)(1)(c) of this section, and if tenant reoccupies such covered rental unit, landlord shall reimburse the tenant for reasonable moving expenses incurred. Such payment shall be in addition to any relocation assistance that was paid to the tenant in connection with the termination notice. To the extent permitted by state law, for a new tenancy commenced during the time periods described in this subsection (e)(1), the covered rental unit shall be offered and rented or leased at the lawful rent in effect at the time any notice of termination of tenancy is served, subject to any lawful rent increases.
(2) Ellis Act right of return.
a. If within two years after withdrawing a covered rental unit from the rental market pursuant to subsection (d)(2) of this section a landlord offers for rent such covered rental unit, in addition to any right of return that the tenant may have pursuant to this chapter, the landlord shall be liable to the tenant who was displaced from the covered rental unit for actual and exemplary damages provided the tenant brings an action against the landlord within three years of the withdrawal of the covered rental unit from the rental market.
b. Return within five years. A tenant of a covered rental unit whose tenancy was terminated in accordance with subsection (d)(2) of this section is entitled to receive notice of the first right to return to the same covered rental unit at the rent previously charged for the covered rental unit, subject to any lawful rent increases, and subject to the rental agreement terms in effect at the time the tenant vacated. A tenant may return to the covered rental unit if:

1. The tenant has provided the landlord a current mailing address and/or email address, and keeps those addresses updated, at which to receive notice from the landlord that the covered rental unit is available; and

2. The landlord returns the covered rental unit to the residential rental market within five years after the effective date of withdrawal of a property containing the covered rental unit from the residential rental market.
c. Return within 10 years. A landlord of a property containing a covered rental unit that was withdrawn from the residential rental market within the previous 10 years must provide 120 days’ written notice to the previous tenants of the landlord’s intent to return the covered rental unit to the residential rental market.
d. Any tenant displaced from a covered rental unit in connection with the withdrawal of a property containing a covered rental unit from the residential rental market may request the first right of return from the landlord within 30 days of receipt of a landlord’s written notice of intent to return the covered rental unit to the residential rental market.
(3) Government order right of return. The landlord must give advance notice to the tenant of the tenant’s right to reoccupy the covered rental unit if and when the covered rental unit is found to be in compliance with the order. The tenant shall notify the landlord, in writing, within 30 days after the receipt of such notice of the tenant’s interest to reoccupy the covered rental unit and shall provide the landlord with their contact information.

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (4) Substantial remodel right of return. Tenant shall have the right to return to the covered rental unit upon completion of the substantial remodel. The tenant shall notify the landlord, in writing, within 30 days after the receipt of such notice of the tenant’s interest to reoccupy the covered rental unit and shall provide the landlord with their contact information.
(5) Rent upon return. In each such instance, the landlord shall offer and tenant shall have the right to return to the same covered rental unit at the rent previously charged for the covered rental unit, subject to any lawful rent increases, and subject to the rental agreement terms in effect at the time the tenant vacated. (f) School year evictions.
(1) It shall be a defense to a no-fault eviction if a school-aged child resides in the covered rental unit, if the effective date of the notice of termination of tenancy falls during the school year. (2) Within 30 days of service of the notice of termination of tenancy, the tenant must submit a statement with supporting evidence to the landlord if the tenant claims to have a school-aged child residing in the covered dwelling unit; this information is required in addition to tenant’s return of the postcard referenced in Section

19.40.080(a)(1). The notice of termination of tenancy shall contain a warning that a tenant’s failure to submit such statement within 30 days of receipt of the notice shall be deemed an admission that the tenant is not protected from eviction pursuant to this subsection (f). (3) A landlord may challenge a tenant’s claim of protected status pursuant to this subsection (f) through commencement of the eviction proceeding.
(Ord. No. 24-3, § 5 (Exh. A))

19.40.080 Relocation assistance for no-fault termination of tenancy; moving stipend. (a) Relocation assistance for no-fault terminations.
(1) For a tenancy for which just cause is required to terminate the tenancy under Section 19.40.070, if a landlord issues a termination notice for a no-fault reason, the landlord shall, regardless of the tenant’s income, assist the tenant to relocate by providing a direct payment to the tenant as described in subsection (a)(3) of this section and (except to the extent prohibited by applicable law) the landlord shall notify the tenant in writing of the tenant’s right to relocation assistance at the time the landlord issues the notice of termination. Each termination notice shall be accompanied by a self-addressed stamped postcard (in a format approved by the city) on which the tenant may indicate, under penalty of perjury, whether they or another tenant in the covered dwelling unit are a protected tenant and under which category (i.e., lower-income tenant, disabled tenant, senior tenant, terminally ill tenant, school-aged child/ren) they claim protected tenant status. (2) Permanent relocations. When relocation assistance is required by this subsection (a)(2) to tenants who are evicted pursuant to Section 19.40.070(d), the landlord must make relocation assistance payments as follows:
a. Nonprotected tenant relocation assistance. If the tenancy is terminated pursuant to Section

19.40.070(d)(1) through (3) (i.e., owner move-ins, Ellis Act evictions, governmental orders), or pursuant to Section 19.40.070(d)(4) (i.e., intent to demolish/substantially remodel) with the intent to demolish the covered rental unit, the landlord shall pay to the tenant relocation assistance in the amount of three times the HUD FMR rent for the most similar unit type based on the number of bedrooms plus the moving stipend. Such payment shall be calculated on a per-covered dwelling unit basis, without reference to the number of tenants in the covered dwelling unit.
b. Protected tenant relocation assistance. If one of the tenants living in the covered rental unit from which the tenants are displaced is a protected tenant, then all tenants living in the covered rental unit are collectively entitled to receive supplemental relocation assistance in the amount of one additional month of the applicable HUD FMR rent. Such payment shall be calculated on a per-covered dwelling unit basis, without reference to the number of tenants and protected tenants in the covered dwelling unit.

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. c. Three or more rented single-family home/condominium relocation assistance. Notwithstanding anything in this chapter to the contrary, in the case of any rented single-family homes or condominiums subject to Section 19.40.020(2)b (Three or more rented single-family homes/condominiums), the landlord shall pay to the tenant relocation assistance in the amount of two months of the tenant’s then-current rent plus a moving stipend in the amount of $2,000.
d. Payment process. For permanent relocation assistance, the landlord shall provide one-half of the relocation assistance owed to the tenant within 15 calendar days of service of the notice of termination.

The remaining relocation assistance shall be paid to the tenant in cash no later than the date the tenant vacates the covered rental unit.
e. Moving stipend. The landlord shall pay to the tenant the amount of $3,000 (“moving stipend”), which shall be paid to the tenant in cash no later than the date the tenant vacates the covered rental unit. Such payment shall be calculated on a per-covered dwelling unit basis, without reference to the number of tenants in the covered dwelling unit.
f. Refund of security deposit. A landlord must refund to the tenant any security deposit paid by the tenant.

A landlord may withhold any properly itemized deductions from the security deposit in accordance with California Civil Code Section 1950.5.
(3) Temporary relocations. A landlord must pay temporary relocation assistance to tenants of a covered rental unit who are temporarily displaced due to substantial remodel of covered rental unit:
a. Thirty days or fewer. A landlord must provide the tenant a per diem payment if the tenant will be temporarily displaced for 30 days or fewer. The landlord shall pay to the tenant the full amount of the per diem payment when the tenant temporarily vacates the covered rental unit. b. Thirty-one days or more. A landlord must provide the tenant either a per diem payment or, at the landlord’s election, comparable or superior temporary housing, if available. c. Duration extended. In the event the duration of the temporary relocation is longer than anticipated, the landlord shall continue to pay to the tenant the per diem relocation assistance payments on a weekly basis or continue to provide the tenant with the comparable or superior temporary housing until the tenant is able to return to the covered rental unit.
d. Per diem amount. The per diem payment amount shall be based on the Federal General Services Administration per diem rate for lodging and meals (M&IE total) in Concord, Contra Costa County, which is updated on a yearly basis. Per diem payments for meals shall be on a per tenant basis. Per diem payments for lodging shall be on a per-covered dwelling unit basis assuming a household size of four. e. Rent due. For temporary relocation assistance where the landlord is providing comparable or superior temporary housing or making a per diem payment, the tenant shall continue to pay the lawful rent to the landlord for the covered rental unit.
f. Refund of security deposit. A landlord shall not be required to refund to the tenant any security deposit paid by the tenant in connection with a temporary relocation. g. The phrase “comparable or superior” when used in connection with a dwelling unit or temporary housing shall mean a dwelling unit or temporary housing that is similar in size or larger, has the same number of bedrooms or additional bedrooms, is located in the city, has similar amenities as the covered rental unit, such as parking, laundry facilities or exercise facilities, allows pets if the displaced tenant has a pet, and as to a disabled tenant, is disability accessible and ADA compliant. The tenant, in the tenant’s reasonable discretion, may waive any of these factors in deciding whether the dwelling unit or temporary housing offered is comparable or superior.
(4) Notwithstanding anything in this chapter to the contrary, no protected tenant relocation assistance pursuant to Section 19.40.080(a)(2)b moving stipend pursuant to Section 19.40.080(a)(2)e, or temporary relocation

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. assistance pursuant to Section 19.40.080(a)(3) shall be payable for any rented single-family homes or condominiums.
(b) No waiver. In the event the tenant accepts an offer to temporarily or permanently move to an available comparable or superior vacant dwelling unit owned by the landlord at the same rent, the tenant shall not be entitled to relocation assistance pursuant to this section, but shall be eligible for the moving stipend. Except as expressly provided in this subsection (b), a tenant cannot waive their right to receive relocation assistance required by this chapter.
(c) Coordination with other relocation benefits. If a tenant receives, as part of the termination of tenancy, relocation assistance pursuant to the California Relocation Assistance Act (Government Code Sections 7260 through 7277), then the amount of that relocation assistance shall operate as a credit against any relocation assistance to be paid to the tenant under this section.
(Ord. No. 24-3, § 5 (Exh. A))

19.40.090 Requirement to offer written lease; minimum lease terms.

Tenants shall have the right to written leases and minimum lease terms, as provided herein. (1) One-year lease term. If a prospective tenant wishes to rent a dwelling unit from a landlord and if said landlord wishes to rent said dwelling unit to said prospective tenant, the landlord must offer to the prospective tenant a written lease which has a minimum term of one year. Such offer must be made in writing. If the prospective tenant accepts the offer of a written lease which has a minimum term of one year, this acceptance must be in writing. Signing a lease which has a minimum term of one year will be considered an offer if signed by the landlord, and an acceptance if countersigned by the prospective tenant. If the prospective tenant rejects the offer for a written lease which has a minimum term of one year, such rejection must be in writing. (2) Six-month lease term. If the prospective tenant rejects the offer for a written lease which has a minimum term of one year as provided in subsection (1) of this section, but the prospective tenant continues to wish to rent said dwelling unit from said landlord, said landlord must offer to said prospective tenant a written lease which has a minimum term of six months. Such offer must be made in writing. If said prospective tenant accepts the offer of a written lease which has a minimum term of six months, this acceptance must be in writing. Signing a lease which has a minimum term of six months will be considered an offer if signed by said landlord, and an acceptance if countersigned by said prospective tenant. If said prospective tenant rejects the offer for a written lease which has a minimum term of six months, such rejection must be in writing. (3) Shorter term. If said prospective tenant rejects the offer for a written lease which has a minimum term of six months as provided in subsection (2) of this section, said landlord and said prospective tenant may then enter into a written lease that provides for a term of fewer than six months. (4) Renewal of lease. If both the landlord and tenant wish to continue the tenancy upon the expiration of a rental agreement which has a minimum term of one year or six months, a written rental agreement shall be offered again in accordance with the procedures set forth in subsections (1) through (3) of this section. The landlord shall have no obligation to reoffer a tenant a one-year or six-month lease term if the tenant has previously rejected such offers in accordance with the procedures set forth in subsections (1) through (3) of this section, and has a rental agreement with a term of fewer than six months. (5) Existing tenancies. Any tenant renting a dwelling unit may request a written lease with a minimum term of either one year or six months, provided such tenant has not previously received a written notice of rental agreement violation pursuant to Code of Civil Procedure Section 1161 and such violation remains uncured. The tenant shall do so via written notice to the landlord. The landlord shall, upon receipt of such notice, offer to said tenant a written rental agreement on terms substantially similar to those of the existing rental arrangement (except as to length of term) in accordance with the procedures set forth in this section, as applicable. (Ord. No. 24-3, § 5 (Exh. A))

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024.

19.40.100 Notice of tenant rights.
(a) A landlord subject to this chapter shall provide notice to the tenant as follows:
(1) For any tenancy commenced or renewed on or after the effective date of the ordinance codified in this chapter, as an addendum to the rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
(2) For any tenancy existing prior to the effective date of the ordinance codified in this chapter, by written notice to the tenant no later than 180 days after the effective date of the ordinance adopting this chapter, or as an addendum to the rental agreement.
(b) The notification and rental agreement provision shall be in no less than 12-point type, shall be in English and Spanish, and shall include the following:

Concord law limits the amount your rent can be increased; see Chapter 19.40 of the Concord Municipal Code for more information. [Note: The foregoing sentence must only be included if the covered rental unit is subject to the rent stabilization provisions of this chapter.] Concord law provides that, a Landlord must provide a statement of cause in any notice to terminate a Tenancy. See Section 19.40.070 of the Concord Municipal Code for more information. In addition, City of Concord Municipal Code Sections 19.40.070(e) and

19.40.080 provide tenants evicted on a no-fault basis with the right to return to the Tenant’s original Covered Rental Unit if such Covered Rental Unit is returned to the market, and the right to relocation assistance and a moving stipend; see City of Concord Municipal Code Sections 19.40.070(e) and 19.40.080 for more information.

City of Concord Municipal Code Section 19.40.090 provides tenants with the right to written leases and minimum lease terms. Landlords must offer tenants the option to enter into a one (1) year written lease. If a tenant declines a one (1) year written lease, the landlord must offer that tenant the option to enter into a six (6) month written lease. It is the tenant’s choice whether or not to enter into such a written lease with a landlord. If tenant rejects the initial offers of a written lease with a minimum lease term of 12 or 6 months, the tenant and landlord may enter into a written lease with a term of fewer than 6 months. See City of Concord Municipal Code Section 19.40.090 for more information.
(c) Manner. Landlords must provide the notice to tenants in writing if the application and rental agreement are processed in writing, electronically if the application and/or rental agreement are processed electronically, or both if both methods are utilized. The provision of the notice shall be subject to Civil Code Section 1632. (Ord. No. 24-3, § 5 (Exh. A))

19.40.110 Procedures and guidelines.

The City Manager is hereby delegated the authority to promulgate procedures, regulations, and guidelines to aid in the implementation of this chapter.
(Ord. No. 24-3, § 5 (Exh. A))

19.40.120 Remedies.
(a) Remedies and penalties.
(1) If a landlord violates the terms of this chapter, an aggrieved tenant may institute a civil action for injunctive relief, actual, statutory, or direct money damages, and any other relief that the court deems appropriate, which shall include a civil penalty of no less than $2,000, and no more than $5,000, per violation, at the discretion of the court. If the aggrieved tenant is a senior tenant or a disabled tenant, the court may award an additional civil penalty of up to $5,000 per violation, at the discretion of the court. (2) Any person who violates, aids, abets, or incites another person to violate this chapter is liable in a court action for each and every such offense for money damages of not less than three times actual damages suffered

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. by an aggrieved tenant (including damages for mental or emotional distress), or for minimum damages in the sum of $1,000, whichever is greater, and whatever other relief the court deems appropriate. In the case of an award of damages for mental or emotional distress, said award shall only be tripled if the trier of fact finds that the defendant landlord acted in knowing violation of or in reckless disregard of this chapter. (3) If within two years after withdrawing a covered rental unit from the rental market pursuant to Section

19.40.070(d)(2) a landlord offers for rent such covered rental unit, in addition to any right of return that the tenant may have pursuant to this chapter, the landlord shall be liable to the tenant who was displaced from the covered rental unit for actual and exemplary damages provided the tenant brings an action against the landlord within three years of the withdrawal of the covered rental unit from the rental market. (b) The court may award punitive damages in a proper case as set out in Civil Code Section 3294 and pursuant to the standards set forth in that code section or any successor thereto, but may not award both punitive damages and triple damages.
(c) The court shall award reasonable attorneys’ fees and costs to a tenant who prevails in any such action. The court shall award reasonable attorneys’ fees and costs to a landlord who prevails in any such action if the court determines that the tenant’s action was frivolous.
(d) The remedies available under this section shall be in addition to any other existing remedies which may be available to the residential tenant under applicable federal, state, county, or local law. (e) No administrative remedy need be exhausted prior to filing suit pursuant to this chapter. (f) Authorization of City Attorney to enforce this chapter. The City Attorney shall have the right and authority, but not the obligation, to enforce this chapter, including bringing actions for injunctive relief, equitable relief, restitution, and/or penalties to ensure compliance with this chapter. (g) To the extent permitted by law, any violation of this chapter shall be a defense to an unlawful detainer action. (Ord. No. 24-3, § 5 (Exh. A))

19.40.130 Waiver prohibited.

Any waiver of rights under this chapter shall be void as contrary to public policy. (Ord. No. 24-3, § 5 (Exh. A))

19.40.140 Severability.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.
(Ord. No. 24-3, § 5 (Exh. A))

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024.

Chapter 19.40

RESIDENTIAL TENANT PROTECTION PROGRAM
Sections:

19.40.010 Binding findings; definitions; citation.

19.40.020 General applicability of chapter; exemptions.

19.40.030 Rent stabilization.

19.40.040 Permitted rent incr eases for covered rental units.

19.40.050 Rent adjustment petitions.

19.40.060 Annual rental registration.

19.40.070 Just cause for eviction.

19.40.080 Relocation assistance for no-fault termination of tenancy; moving stipend.

19.40.090 Requirement to offer written lease; minimum lease terms.

19.40.100 Notice of tenant rights.

19.40.110 Procedures and guidelines.

19.40.120 Remedies.

19.40.130 Waiver prohibited.

19.40.140 Severability.

Prior legislation: Ord. Nos. 20-7 and 20-10.

19.40.010 Binding findings; definitions; citation.
(a) Binding findings. Pursuant to Civil Code Section 1946.2(g)(1)(B), the City Council hereby makes the following binding findings within this chapter, that this chapter is more protective than the provisions of Civil Code Section 1946.2 because:
(1) The just cause for termination of a residential tenancy under this chapter is consistent with and more protective than Civil Code Section 1946.2; and
(2) This chapter provides additional tenant protections that are not prohibited by any other provision of law, because it applies upon legal possession of a covered dwelling unit. provides for earlier and higher relocation assistance amounts than those available to tenants covered by Civil Code Section 1946.2, requires certain minimum lease terms, limits the exemptions listed in Civil Code Section 1946.2 and in particular applies just cause for termination of a tenancy to dwelling units regardless of when a certificate of occupancy is issued for the dwelling unit and protects tenants upon commencement of the tenancy; and (3) As provided in Civil Code Section 1946.2(g)(2), a residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancy and Civil Code Section 1946.2.

This chapter intends to cover those dwelling units defined as covered rental units and to the extent such dwelling units are covered by this chapter, such dwelling units will not be subject to Civil Code Sections 1946.2 and 1947.12.
(b) The City Council finds that there presently exists a critical shortage of rental housing in the city. Due to this shortage, it is very difficult to find adequate, safe, and habitable rental housing at reasonable rents. (1) Due to the shortage of rental units, rents in the city are increasing excessively. A substantial number of persons in the city who reside in rental units spend a high percentage of their income on rent, and many have been forced to move out because they could no longer afford to pay the increase in rent. Further, low- and moderate-income tenants have difficulty finding affordable housing after being displaced due to a rent increase. (2) The purposes of this chapter are to promote long-term stability and certainty for tenants in the rental market while providing landlords an ability to receive a fair return on their property. This chapter regulates rents and terminations of tenancy, including requiring relocation assistance and affording a tenant the right to return under certain circumstances. It requires landlords to register covered rental units, establishes an administrative hearing process, and provides for procedures and guidelines for the implementation of this chapter.

Attachment 1
Redline/Strikeout

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (c) Definitions. The following terms shall have the meaning provided below when used in this chapter, whether plural or singular:
(1) Accessory dwelling unit shall mean an accessory dwelling unit or a junior accessory dwelling unit, as those terms are defined in Section 18.200.180, which has received a valid accessory dwelling unit or a junior accessory dwelling unit permit from the city or Contra Costa County. (2) Accommodations shall be as defined in the Government Code Section 7060(b)(1), which, for convenience, reads as follows:
(1) “Accommodations” means either of the following:
(A) The residential rental units in any detached physical structure containing four or more residential rental units.
(B) With respect to a detached physical structure containing three or fewer residential rental units, the residential rental units in that structure and in any other structure located on the same parcel of land, including any detached physical structure specified in subparagraph (A). (3) Allowable annual rent increase shall mean the annual rent increase as set forth in Section 19.40.040. (4) Base rent shall mean as follows: For tenancies commenced on or before April 4, 2023, the rent in effect on April 4, 2023, plus the initial allowable annual rent increase. For tenancies commenced after April 4, 2023, but prior to the effective date of this chapter, the rent charged upon initial occupancy, plus the initial allowable annual rent increase. For tenancies commenced after the effective date of this chapter, the rent charged upon initial occupancy. The foregoing amounts are subject to the assumption that such amounts are not in violation of this chapter or any provision of state law. Nothing in this definition is intended to alter the requirement that a landlord provide a tenant with valid, written notice of any change in the terms of the rental agreement (including any rent decrease or rent increase) as required by Civil Code Section 827. (5) Base year shall mean the 2022 calendar year.
(6) City Council shall mean the City Council of the City of Concord. (7) City shall mean the City of Concord.
(8(8) City Manager shall mean the Concord City Manager or their designee. (9) Code shall mean the Concord Municipal Code.
(910) Covered dwelling unit and covered rental unit are used interchangeably and shall mean a dwelling unit located within the cityCity not specifically exempted under Section 19.40.020(a1) or (b2). (1011) CPI shall mean Consumer Price Index for all urban consumers for the San Francisco-Oakland-Hayward, California area, or any successor designation of that index that may later be adopted by the U.S. Department of Labor for April of each year. Calculation of the CPI percentage will be determined by the city and set forth in its procedures and guidelines.
(1112) Disabled shall mean any mental or physical disability as defined in Government Code Section 12955.3.

A “disabled tenant” is a tenant who is disabled.
(1213) Dwelling unit shall mean a dwelling unit, as defined under California Civil Code Section 1940(c), including joint living and work quarters, that is used or occupied in consideration of payment of rent, and applies to any dwelling space that is actually used for residential purposes, whether or not the residential use is legally permitted, including live-work spaces, mobile homes rented to a tenant, and any accessory dwelling unit in the city.
(1314) Ellis Act shall mean California Government Code Sections 7060 through 7060.7.

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (1415) Fair return petition shall mean a petition filed by a landlord seeking a fair return rent increase pursuant to Section 19.40.050.
(1516) Fair return rent increase shall mean the amount by which base rent plus any allowable annual rent increase may be increased in accordance with an approved fair return petition submitted pursuant to Section

19.40.050.
(1617) Hearing officer shall mean an official appointed by the City Attorney to conduct an administrative hearing pursuant to this chapter.
(1718) Housing services include, but are not limited to, repairs, maintenance, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, access to exterior doors, entry systems and gates, utilities (unless separately metered and billed to the tenant by the utility company since the inception of the tenancy, as provided in the rental agreement), refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants or tenants, the right to have pets, utility infrastructure, and any other benefit, privilege or facility connected with the use or occupancy of any dwelling unit. (1819) HUD FMR rent shall mean the fair market rent published by the U.S. Department of Housing and Urban Development for the applicable year for Contra Costa County. (1920) Initial allowable annual rent increase shall mean 60 percent of the CPI increase for the 12-month period from April 2022 to April 2023, which equals 2.52 percent. (2021) Landlord or owner shall mean any person, acting as principal or through an agent, having the right to offer a dwelling unit for rent, and includes a sublessor, except that this term does not include the owner or operator of a mobile home park or his or her agent, but does include the owner of a mobile home if the mobile home is offered for rent.
(2122) Landlord’s family member shall mean a landlord’s parent, child, spouse or registered domestic partner, grandparent, or grandchild.
(2223) Lawful rent shall mean the base rent for a covered rental unit as such base rent may be increased by any annual allowable rent increase and any fair return rent increase permitted by this chapter. Lawful rent expressly excludes any unlawful rent.
(2324) Lawful rent increase shall mean the annual allowable rent increase together with any fair return rent increase permitted for the covered rental unit as specified in this chapter. Lawful rent increase expressly excludes any unlawful rent increase.
(2425) Lower-income tenant shall mean a person and family whose income does not exceed the qualifying limits for lower-income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code Section 50079.5.
(2526) Moving stipend is defined in Section 19.40.080(a)(2)(e). (26(27) Natural person is defined in Section 19.70.070(d)(1)f.1. (28) Property shall mean the real property on which the dwelling unit or units are located. For purposes of Ellis Act evictions only, property shall mean the parcel on which the accommodations are located. (2729) Protected tenant shall mean any lower-income tenant, disabled tenant, senior tenant, terminally ill tenant, and any tenant whose household contains school-aged children. (2830) Rent shall mean all payments and all nonmonetary consideration including, but not limited to, the fair market value of goods, labor performed or services rendered to or for the benefit of the landlord under a rental agreement concerning the use or occupancy of a dwelling unit and premises and attendant housing services,

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. including all payment and consideration demanded or paid for parking, utility charges, pets, furniture, and other benefits, privilege or facility connected with the use or occupancy of the dwelling unit. (2931) Rental agreement shall mean an oral or written lease, sublease, or similar agreement between a landlord and a tenant for the lawful occupancy of a dwelling unit. (30) Rent restricted affordable unit is defined in Section 19.40.020(b)(3). (31(32) School-aged child or school-aged children shall mean any TK-12th grade student enrolled full-time in a brick-and-mortar school, or a special needs student enrolled full-time in a brick-and-mortar school, living in the tenant’s covered rental unit.
(3233) School year shall mean the first day of instruction for the fall semester through the last day of instruction for the spring semester, as posted on the applicable school’s website. (3334) Senior tenant shall mean a tenant who is at least 62 years of age or older as defined in Government Code Section 7060.4.
(3435) Significant hardship is defined in Section 19.40.070(d)(1)(c). (36) Single-family homes/condominiums shall mean any dwelling unit that is alienable separate (i.e., separately transferrable) from the title to any other dwelling unit, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5(b), (d), or (f), including without limitation single-family residences and condominiums, but excluding mobile homes offered for rent. (3537) State shall mean the state of California.
(3638) Substantial remodel or substantially remodel shall mean either of the following that cannot be reasonably accomplished in a safe manner that allows the tenant to remain living in the covered rental unit and that requires the tenant to vacate the covered rental unit for at least 30 consecutive days: (1) the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency; or (2) the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the covered rental unit vacated, do not qualify as substantial remodel. (3739) Tenancy shall mean the lawful occupation of a dwelling unit and includes a lease or a sublease. (3840) Tenant shall mean a tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a rental agreement to the use or occupancy of any dwelling unit. (3941) Terminally ill tenant shall mean a tenant who has a terminal disease as defined in California’s End of Life Option Act as any “incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, result in death within six months” pursuant to Health and Safety Code Section 443.1 and which is verified in writing by the tenant’s medical care provider. (4042) Unlawful rent shall mean any rent charged by a landlord to or paid by a tenant for a covered rental unit which exceeds the tenant’s base rent together with any lawful rent increase. In the case of a rent restricted affordable unit, unlawful rent shall mean any rent increase imposed in excess of the rent increase specified in Section 19.40.020(b)(3).
(d) Citation. This chapter may be referred to as the “residential tenant protection program” of the city. The words “this chapter” and “this ordinance” are used interchangeably herein. (Ord. No. 24-3, § 5 (Exh. A))

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024.

19.40.020 General applicability of chapter; exemptions.

This chapter shall apply to all landlords and tenants in dwelling units within the jurisdictional limits of the city, unless otherwise exempted by state law or the provisions of this chapter. (1) Fully exempt (exempt from both rent stabilization and just cause for eviction). The following dwelling units are exempt from all provisions of this chapter:
a. Units in hotels as defined in Section 18.20.020 which, for convenience, reads as follows:
“Hotel” or “motel” means a facility that provides guest rooms or suites, with or without kitchen facilities, rented to the public for transient lodging. These facilities typically include a variety of services in addition to lodging, such as restaurants, meeting facilities, spas or other personal services, and accessory guest facilities including swimming pools, sport courts, exercise facilities, and accessory retail sales. This classification does not include rooming houses, boardinghouses, or private residential clubs (see “Group housing” under “Residential Facility,” and “Bed and breakfast inn”).

For purposes of this chapter only, “hotel” or “motel” does not include short-term rental arrangements in which a dwelling unit is hired or occupied by reason of concession, permit, right of access, license, or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days.
b. Institutional facilities. Housing accommodations in a hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services. c. Dormitories owned and operated by an institution of higher education or a kindergarten and grades one to 12, inclusive, school.
d. Government owned. Housing accommodations which are owned by a public agency or authority, or which are specifically exempted under state or federal law or administrative regulation. e. Dwelling units in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the property.
f. Emergency shelters and homeless shelters as defined in Section 18.200.070. g. Residential facility/ies, as defined in Section 18.20.020. h. Accessory dwelling units.
i. A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
(2) Partially exempt (exempt from rent stabilization but subject to just cause for eviction). The following dwelling units are exempt from all rent stabilization provisions of this chapter:
a. Dwelling units that are expressly exempt under state or federal law. This includes any dwelling unit that has a certificate of occupancy or equivalent permit for residential occupancy issued after February 1, 1995.

For this purpose, a certificate of occupancy is the certificate issued before the property is used for any residential purposes.
b. AnyThree or more rented single-family homes/condominiums. Rented single-family homes/condominiums, but only to the extent that three or more are offered for rent by the same or substantially similar landlord, owner, or natural person. For purposes of determining if this exemption

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. applies, the City Manager is hereby delegated the authority to determine whether or not the landlords, owners, or natural persons are “the same or substantially similar” using those criteria the City Manager deems appropriate, including but not limited to ascertaining whether the dwelling units have any landlords, owners, or natural persons in common.
(3) Partially exempt (exempt from rent stabilization and just cause for eviction but subject to the rent registry).

The following dwelling units are exempt from all provisions of this chapter except for the annual rental registration requirements pursuant to Section 19.40.060:
a. Two or fewer rented single-family homes/condominiums. Single-family homes/condominiums, but only to the extent that two or fewer (i.e., no more than two) are offered for rent by the same or substantially similar landlord, owner, or natural person. For purposes of determining if this exemption applies, the City Manager is hereby delegated the authority to determine whether or not the landlords, owners, or natural persons are “the same or substantially similar” using those criteria the City Manager deems appropriate, including but not limited to ascertaining whether the dwelling units have any landlords, owners, or natural persons in common.
dwelling unit that is alienable separate (i.e., separately transferrable) from the title to any other dwelling unit, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5(b), (d), or (f), including without limitation single-family residences and condominiums, but excluding mobile homes offered for rent.
c. Dwelling units that are either restricted by the city or other governmental agency as affordable housing for persons or families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, if any are subject to one of the following rent increase restrictions:

1. Rent increases equal to or less than five percent annually and enforceable by the city or other governmental agency pursuant to a deed, regulatory restriction contained in an agreement, or other recorded document, or

2. For certified over-income tenants, rent increases in an amount less than or equal to those permitted under Civil Code Section 1947.12(a)(1) until/if AB 846 (amending Health and Safety Code Section 50199.24 (Low income housing credit: rent increases)) is enacted, in which case the provision of the latter shall control; provided, that tenants are not charged rent in excess of 30 percent of the household monthly income.

The foregoing are referred to herein as the “rent restricted affordable units.” “Tenant” as used for purposes of rent restricted affordable units means all individuals living in the rent restricted affordable unit (i.e., the household). Notwithstanding the language in this subsection (2), the petition process set forth in Section

19.40.050 shall apply.
(Ord. No. 24-3, § 5 (Exh. A))

19.40.030 Rent stabilization.
(a) Subject to Section 19.40.020, no landlord shall charge rent in an amount that exceeds the base rent plus any lawful rent increases permitted by this chapter.
(Ord. No. 24-3, § 5 (Exh. A))

19.40.040 Permitted rent increases for covered rental units. (a) A landlord may, but shall not be obligated to, impose the initial allowable annual rent increase, fair return rent increase, or any other allowable annual rent increase for any covered rental unit, as allowed in this section after providing prior written notice to the tenant of the rent increase pursuant to California Civil Code Section 827, as may be amended.
(b) Notwithstanding the foregoing, a landlord shall be prohibited from imposing an allowable annualany rent increase, unless the covered rental unit is registered with the city pursuant to Section 19.40.060, and the landlord is

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. not delinquent in any registry fees, accrued interest, fines, and/or penalties pursuant to former Section 19.40.110 (Rent registry) and/or Section 19.40.060, as applicable. (c) Allowable annual rent increases. This
(1) For the period from April 1, 2023 to March 31, 2025, this chapter shall limit annual rent increases on covered rental units to no more than 60 percent of the percentage increase in CPI published and reported for the 12-month period ending as of April of the immediately preceding year; provided, however, in no event shall the allowable annual rent increase exceed three percent. In the event that the percentage change in the CPI is negative, the (the allowable annual rent increase shall be zero percent. The allowable annual rent increase shall be rounded to the nearest one-quarter of a percent.). (2) Beginning in April 1, 2025 and for each 12-month period thereafter, annual allowable rent increases on covered rental units shall be no more than five percent of the lawful rent for the preceding 12-month period. (3) Fair return rent increases may also be applied pursuant to Section 19.40.050. (4) Nothing in this subsection is intended to alter the requirement that a landlord provide a tenant with valid, written notice of any rent increase as required by Civil Code Section 827. The annual allowable rent increase amount shall be reviewed annually by the City Council. (d) Only one allowable annual rent increase and one fair return rent increase (if and to the extent approved by the hearing officer) may be imposed on a covered dwelling unit in any 12-month period, unless otherwise permitted by this chapter.
(e) Rent increase following vacancy (vacancy decontrol). When a tenant has voluntarily vacated, abandoned, or been legally evicted from a covered rental unit, the landlord may set the initial rent for the next tenant, without restriction, at the commencement of the new tenancy.
(f) Allowable annual rent increase banking prohibited. A landlord who seeks to raise lawful rent by the allowable annual rent increase must do so within the 12-month period between August 1st of the current year and July 31st of the following year. A landlord who does not impose an allowable annual rent increase or any portion thereof in the applicable 12-month period automatically waives that allowable annual rent increase or the remaining portion of that allowable annual rent increase for the remainder of the tenancy. (Ord. No. 24-3, § 5 (Exh. A))

19.40.050 Rent adjustment petitions.
(a) Fair return petitions. Landlords who believe they are not receiving a fair return on their property may submit a fair return petition to the city to request an increase in rent beyond that which is permitted under Section 19.40.040. (1) Nothing in this section shall be interpreted to authorize any lawful rent increase in any 12-month period for a covered rental unit in excess of the amount authorized pursuant to California Civil Code Section 1947.12, as may be amended. If a hearing officer awards a landlord a fair return rent increase in excess of the maximum allowable rent increase pursuant to Civil Code Section 1947.12, the landlord may carry forward any portion of the fair return rent increase that could not be taken to a subsequent year until the full fair return rent increase is imposed.
(2) No fair return petition shall be deemed submitted or accepted until the landlord has registered the property and paid all current and past due registration fees for the property pursuant to former Section 19.40.110 (Rent registry) and/or current Section 19.40.060, as applicable. (3) No fair return rent increases shall become effective until all of the following have occurred:
a. The landlord has provided written notice of the fair return rent increase for the covered rental unit in accordance with California Civil Code Section 827, as may be amended; b. After a hearing is held, the hearing officer, in a written decision, grants the fair return rent increase; and

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. c. All amounts due and payable to the city in connection with the fair return petition and hearing have been paid in full.
(4) Standard for approving a fair return petition.
a. Fair return. The landlord has the right to obtain a net operating income equal to the base year net operating income adjusted by the percentage increase in the CPI since the base year. It shall be presumed that this standard provides a fair return. The current year CPI shall be the annual CPI for the calendar year preceding the calendar year the fair return petition is filed. The hearing officer shall make a determination whether the landlord will receive a fair return under this standard. In evaluating whether or not the landlord is receiving a fair return on their investment, the hearing officer may consider other relevant factors without limitation.
b. Base year net operating income. The base year and current year net operating income shall be determined by subtracting the actual operating expenses for the base year from the gross income realized during the base year. The landlord shall provide evidence of gross income, operating expenses, and the determination of net operating income for the base year and current year. All figures shall be certified by the landlord under penalty of perjury as true and correct and with respect to expenses and income used to determine gross income, as permitted pursuant to subsection (a) of this section. c. Rebuttal of base year net operating income presumption. Any party to the hearing may present evidence to rebut the presumption of fair return based upon the base year net operating income, and the hearing officer may adjust said net operating income accordingly if at least one of the following findings is made:

1. The landlord’s operating expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustment may be made in calculating operating expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. The hearing officer shall consider the following factors in making this finding:
(a) Extraordinary amounts were expended for necessary maintenance and repairs; (b) Maintenance and repair was below accepted standards so as to cause significant deterioration in the quality of services provided;
(c) Other expenses were unreasonably high or low in comparison to prudent business practices; (d) Costs of debt service paid during the base year, where the proceeds of the debt were used for capital improvements or rehabilitation in the property.

2. The gross income during the base year was disproportionate. In such instances, adjustments may be made in calculating gross income consistent with the purposes of this section. The hearing officer shall consider the following factors in making this finding:
(a) The gross income during the base year was lower than it might have been because some tenants were charged reduced rent;
(b) The gross income during the base year was significantly lower than normal because of the destruction of the premises and/or temporary eviction or vacancies for a substantial remodel, construction, or repairs.

3. The rent charged by the landlord in the base year was significantly below the HUD FMR rent for the most similar unit type.
d. Determination of current net operating income. The net operating income as of the date of filing a fair return petition shall be determined by:

1. Annualizing the rent in effect as of the date of filing to determine the annualized gross income;

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024.

2. Determining the operating expenses during the immediately preceding calendar year;

3. Subtracting the operating expenses determined pursuant to subsection (a)(4)(d)(2) of this section from the annualized gross income.
e. Calculation of gross income.

1. For the purposes of determining the net operating income, gross income shall be the sum of the following:
(a) Gross rent calculated as gross rental income at 100 percent occupancy, adjusted for uncollected rent as provided in subsection (a)(4)(e)(2) of this section; (b) Income from any laundry facilities and parking fees; (c) All other income or consideration received or receivable in connection with the use or occupancy of the covered rental unit.

2. Gross rent shall be adjusted for uncollected rent due to vacancy and bad debts to the extent such are beyond the control of the landlord. No such adjustment shall be greater than three percent of gross rent unless justification for a higher rate is demonstrated by the landlord. f. Calculation of operating expenses.

1. For the purposes of determining net operating income, operating expenses shall include the following:
(a) Reasonable costs of operation and maintenance.
(b) Utility costs to the extent they are not paid by the tenants. (c) Landlord-performed labor compensated at reasonable hourly rates. No landlord-performed labor shall be included as an operating expense unless the landlord submits documentation showing the date, time and nature of the work performed. There shall be a maximum allowed under this provision of five percent of gross income unless the landlord shows greater services were performed for the benefit of the tenants.
(d) Real property taxes and assessments.
(e) Reasonable costs of operation and maintenance including, but not limited to, costs associated with repairs mandated by law.
(f) Insurance costs to the extent they are not paid by the tenants.

2. Operating expenses shall not include the following:
(a) Mortgage principal or interest payments or other debt service costs or lease payments; (b) Any penalties, fees or interest assessed or awarded for violation of any provision of this chapter or of any other provision of law;
(c) Legal fees except as specified in subsection (a)(4)(f)(3) of this section; (d) Political contributions;
(e) Any expenses for which the landlord has been or will be reimbursed by any discount, security deposit, insurance payment or settlement, judgment for damages, settlement or any other method or device;

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (f) Avoidable and unnecessary expense increases since the base year; (g) Depreciation;
(h) Expenses which are excessive in relation to the customary and reasonable costs of such items;
(i) The costs of capital improvements associated with the purchase and/or installation of separate meters or service unless the landlord can demonstrate that such improvements benefit the tenants.

3. Legal expenses allowed in the calculation of operating expenses shall include: attorneys’ fees and costs incurred in connection with successful good-faith attempts to recover rent owing, successful good-faith unlawful detainer actions not in derogation of applicable law, and legal expenses necessarily incurred in dealings with respect to the normal operation of the property to the extent such expenses are not recovered from adverse or other parties. Attorneys’ fees incurred in relation to the administrative or judicial proceedings in connection with subsection (a) of this section are not allowable as operating expenses.
g. Determination of fair return rent increase.

1. The hearing officer shall set the fair return rent increase in the amount required to provide the landlord with a fair return.

2. In determining the fair return rent increase required to provide the landlord with a fair return, the following shall be determined:
(a) The fair return in accordance with subsection (a)(4)(a); (b) The gross income required to produce the fair return; (c) The rent increase needed to produce the required gross income. (5) Notices upon submitting petition.
a. Within five calendar days after submission of a landlord’s fair return petition to the city, the landlord shall serve each affected tenant with a notice of the fair return petition via personal service or certified mail.
b. Within 10 calendar days after service on each affected tenant, the landlord shall file with the city a proof of service, signed under penalty of perjury, stating that a copy of the petition was served upon each affected tenant.
(b) Tenant petitions. If a landlord demands or retains unlawful rent for a covered rental unit, a tenant may file a petition to adjust the rent to its lawful level.
(1) Unlawful rent. If a tenant believes that the landlord is demanding unlawful rent for a covered rental unit, then the tenant may submit a tenant petition to the city. (2) Decrease in housing services. A decrease in housing services of a covered rental unit, without a corresponding reduction in rent, is considered an increase in rent. Before filing a petition with the city, a tenant shall provide the landlord all of the following (copies of which must be submitted with the tenant petition):
a. Prior written notice identifying the decrease in housing services of a covered rental unit; and b. A reasonable opportunity to correct the issue(s).
(3) Notices upon submitting petition.

Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. a. Within five calendar days after submission of a tenant petition for rent adjustment to the city, the tenant shall serve the landlord with said petition via personal service or certified mail. b. Within 10 calendar days after service on the landlord, the tenant shall file with the city a proof of service, signed under penalty of perjury, stating that a copy of the petition was served on the landlord. (c) Petition forms. Fair return and tenant petitions must be filed on petition forms prescribed by the city and accompanied by such supporting material as the city may require. Each petition shall be made under penalty of perjury.
(d) Petition fees.
(1) Fair return petitions.
a. Landlords filing a fair return petition shall be responsible for all city costs associated with such petition, including, but not limited to, the cost of the hearing officers, any costs associated with experts, inspection fees, and any other costs. The city shall provide the landlord with an estimate of the costs at least 45 calendar days prior to the first date set for the hearing. The landlord shall deposit with the city the full estimated cost of the hearing at least 30 calendar days prior to the first date set for the hearing. If the deposit is not timely received by the city, the hearing will be postponed, and the hearing shall not be rescheduled until such time as the deposit is received. The city shall have the right to deduct costs incurred from the deposit. Upon the completion of the hearing, the city shall prepare a final invoice of hearing costs.
b. To the extent that the final invoice amount exceeds the amount deposited by the landlord, the landlord shall pay the difference to the city within 10 days of receipt of the final invoice. To the extent the final invoice amount is less than the amount deposited by the landlord, the city shall issue a refund to the landlord for the difference.
c. The city will not issue the hearing officer’s final decision until the city has received full payment of the final invoice, and no fair return rent increase, if approved, may be imposed until full payment is received by the city.
(2) Tenant petitions. There shall not be any fee charged for tenants filing a petition for a downward adjustment of rent.
(e) Hearing process.
(1) Upon receipt of a fair return or tenant petition and the proof(s) of service that the petition has been served as provided above, the city shall appoint a hearing officer to conduct a hearing on the petition and to render a final decision on the merits of the petition, subject to this chapter and any procedures, regulations, and guidelines promulgated by the City Manager.
(2) Each party to a petition shall receive sufficient advance notice of the time, date, and place of any hearing regarding the petition.
(3) The hearing officer may require either party to a petition to provide any books, records, and papers deemed pertinent.
(4) If the hearing officer finds good cause to believe that a building or other inspection would assist in resolving the issues raised in the petition, the hearing officer may conduct an inspection and/or request that the city conduct an inspection. Any party submitting a petition shall be required to cooperate with the city to grant and/or secure permission to conduct such inspection, within the constraints of applicable law; failure to do so shall be considered an automatic and voluntary withdrawal of that party’s petition upon written notice by the city thereof. The parties to the petition may be present during the inspection. (5) All hearings conducted pursuant to this chapter shall be open to the parties and their designated representatives, but shall not be open to the public.