Concord City Council
June 10, 2025

1 COUNCILMEMBERS
Carlyn S. Obringer, Mayor
Laura M. Nakamura, Vice Mayor
Dominic D. Aliano
Pablo Benavente
Laura M. Hoffmeister
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday
June 10, 2025
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

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

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

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

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

2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/88162852345?pwd=75jv9iHuuJ8PQsdp7GyndBSj80cidg. cUqOPnri2pvgFprs or Zoom Webinar ID: 881 6285 2345 and Passcode: 813153 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

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

1. distributed to the Council before the meeting,

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

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

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

OPEN SESSION

1. OPENING
Roll Call - Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remote Pursuant to AB 2449.

Pledge of Allegiance - Vice Mayor Nakamura

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

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

3. PRESENTATIONS
a. Update – from BCUS Acquisitions LLC (Brookfield Properties) on the Concord Community Reuse Project at the former Concord Naval Weapons Station. Introduction by Guy Bjerke, Director of Economic Development and Base Reuse.

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

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

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

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

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

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

Use sus auriculares para escuchar el audio o leer la transcipción en el dispositivo.
4 a. Considering – adoption of a Resolution approving the request of the City of Pleasant Hill to allow Sunvalley Mall and certain City of Concord commercial properties to be included in Pleasant Hill Landscaping and Lighting Assessment District #20, Commercial Area Landscaping and Lighting. (No fiscal impact) Recommended by the Director of Public Works.

CEQA: Not a project and/or exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)), 15378, and/or 15061(b)(3). b. Considering – approval of an Agreement with HdL Companies for Business License System Upgrade, Cloud Migration, and Integrated Payment Processing Services in the not to exceed amount of $266,850 for the full length of the Agreement (two years plus the ability for three, one-year extensions) and establishing the contractual relationship for discovery, collections, and auditing compliance activities, and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney.

Recommended by the Director of Finance.
c. Considering – approval of a License Agreement with ABC Tree Farms, LLC for a fee of $5,500 per month from September through December 2025 ($22,000 total) to allow temporary operation of a pumpkin patch and Christmas tree lot for the property bounded by Clayton Road, Concord Boulevard, and Galindo Street; and authorizing the City Manager to sign the agreement in a form acceptable to the City Attorney. Recommended by the Assistant City Manager.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, and/or 15305.
d. Considering – approval of an amendment to Agreement No.5990 with Universal Building Services and Supplies Co., increasing the not-to-exceed contract amount in FY24-25 to $545,000, FY25-26 to $641,050, and FY26-27 to $657,581 to continue providing citywide janitorial services; and authorizing the City Manager to execute the contract amendment in a form acceptable to the City Attorney. (Funded from Fund 630 – Building Maintenance, and Fund 100 – General Fund - Recreation Services) Recommended by the Director of Public Works and the Director of Recreation Services.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, 15301, 15302, 15303, and/or 15323.
5 e. Considering – an amendment to the Loan Agreement for the Lakeside Apartments to re-subordinate the City’s financing, allowing Resources for Community Development and its affiliates to resyndicate tax credits to facilitate renovation, and authorizing the City Manager to execute the amended Loan Agreement in a form acceptable to the City Attorney.

Recommended by the Director of Community Development.

NEPA: Categorical exclusion per Section 24 CFR 58.35 (a)(3) and (5).

CEQA: Not a “project”/exempt pursuant to CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

5. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – adoption of a Resolution accepting the Concord Tourism Improvement District's 2023-2024 Annual Report. Report by Guy Bjerke, Director of Economic Development and Base Reuse.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15273, 15378 and/or Public Resources Code Section 21065.

6. CITY COUNCIL PUBLIC HEARINGS
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Considering – adoption of four Resolutions confirming the annual Engineer’s Report and Assessment Diagrams for levies and assessments for the Downtown Landscape Maintenance District, Pine Hollow Landscape & Lighting District, Landscape & Lighting District No. 3, and the Citywide Street Lighting Assessment District for Fiscal Year 2025-26, and directing the City Clerk to file a certified copy with the Contra Costa County Auditor-Controller.

Report by Kit Jory, Parks Manager.

CEQA: Not a project/exempt per Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15378 and/or 15061(b)(3). b. Considering – adoption of the Biennial Budget for Fiscal Years 2025-26 and 2026-27, a Long-Range Financial Forecast, and associated actions. 6 1. Receive requested information from the May 13, 2025, City Council Meeting on the Budget, and, if appropriate, provide direction to staff on any changes to the final budget

2. Adoption of a Resolution adopting the Municipal Budget for Fiscal Years 2025-26 and 2026-27, including a Long-Range Financial Forecast.

3. Adoption of a Resolution forgiving the outstanding balance of the Interfund Loan Agreement between the Workers’ Compensation Fund (Lender) and the Pavilion Fund (Borrower) in the amount of $1,153,846.12.

4. Adoption of a Resolution establishing the appropriation limit for the City of Concord for Fiscal Year 2025-26 pursuant to California Constitution article XIIIB.

5. Adoption of a Resolution adopting the City of Concord’s Salary Schedule effective July 7, 2025, in accordance with requirements of California Public Employees Retirement System (CalPERS) for a publicly available pay schedule.

6. Adoption of a Resolution Amending Exhibit A to Resolution No. 78- 6042 to correct Transportation Fees on the Permit Center schedule erroneously identified as zero dollars in Uncodified Ordinance No. 25- 5, Exhibit A2.

7. Adoption of Policy & Procedure No. 184, Fiscal Year 2025-26 City of Concord Investment Policy. Report by Donna Lee, Budget and Treasury Officer.

CEQA: Not a project under Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, 15306, and/or 15378.
c. Considering – the following actions:

1. Adoption of a Resolution approving the following:
a. The Mid-Cycle Adjusted Capital Budget for Fiscal Year (FY) 2025-2026;
b. Acceptance and appropriation of $8,848,800 of Highway Safety Improvement Program (HSIP) grant funds from the
Federal Highway Administration (FHWA); and
c. Authorizing the City Manager to redistribute budgeted appropriations between existing similar capital projects, up to a maximum of $220,000 per project.

2. Adoption of a Resolution authorizing the submittal of an application for funding assigned to the Metropolitan Transportation Commission (MTC) and committing any necessary matching funds and stating 7 assurance to complete the Concord Parking Management
Implementation Project; and Authorizing the City Manager to accept and appropriate such funds and execute necessary or appropriate documents and agreements in a form acceptable to the City Attorney.

CEQA: Not a project under Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378.

7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Correspondence Received at Meeting

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

9. ADJOURNMENT – in memory of City of Concord employee Tyce Dekker.

Next Meeting: Regular Meeting
Date: 6/24/2025 5:30:00 PM

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

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

Concord Naval Weapons Station (CNWS)
June 2025 Project Update

3.a

Project Schedule Updates

CNWS Development Path:

Where We Are Now
Where we
started
Where
We Are
2006-
2010
2011-
2012
2024-
2027
2028+
This plan articulated the community’s idea for the land uses and development program to convert the CNWS to civilian use.

Reuse Plan | COMPLETED & APPROVED
This plan captured the community’s vision and translated it into policies and standards for land use, transportation, environmental protection, labor agreements, affordable housing and public safety.

Area Plan | COMPLETED & APPROVED
This process brings the Area Plan to life by advancing community engagement while designing the layout, uses and features of the development. The Specific Plan (Zoning) will provide detailed guidance for how the project will look and feel, including architectural character, public spaces, community facilities and transportation.

Planning and Zoning | OPPORTUNITY TO ENGAGE & SHAPE
Concord’s Planning Commission and Local Reuse Authority (LRA), with public input, will review and provide feedback on a package of CNWS submittals, including the Specific Plan. Official approval and permitting will finalize the vision for the project. The CNWS team will then coordinate with the LRA and Navy to prepare the site for future uses.

Reviews, Approvals and Site Prep | UPCOMING
3 Schedule subject to change and approvals.

4 4
Entitlement/EDC Conveyance Process
2024 2025 2026 2027 2028 2029 2030
Infrastructure/
Land Planning/
Technical Studies
Economic
Development
Conveyance (EDC),
Navy Land
Transfer
Specific Plan,
Environmental
Impact Report
(EIR)
Brookfield
Community
Engagement
Technical Studies
MOA
Negotiations
MOA
Appr-
oval
City Council
Approvals and
NOD filed
Admin Draft
Specific Plan
Finalize
Specific
Plan
Hire EIR
Consultant
Admin Draft EIR
and public review
EDC
Application
Submitted
First Navy
Land Transfer
Response to
Comments/
Final EIR
Schedule subject to change and approvals.

LRA Term
Sheet
Approved
City Council
Approvals and
NOD filed
LRA Issues NOP
Brookfield Project Open Houses/Workshops/Updates to the City Council Hiring of
Specific
Plan
Consultant
Infrastructure
Planning/Phasing
Refinement
Term sheet
negotiation
Consultant Drafts
Specific Plan with
LRA, Brookfield

5 5
Entitlement/EDC Conveyance Process
2024 2025 2026 2027 2028 2029 2030
Disposition and
Development
Agreement (DDA),
Development
Agreement (DA)
Resource Agency
Permitting
Final Mapping/
Horizontal Site
Development
Commences/
Habitat Mitigation
US Fish and Wildlife, CA Fish and Wildlife, Army Corps, RWQCB permitting
City Council
Approvals
Final
Permits
Issued
Negoti-
ation of
DA/DDA
Finalize
DA/
DDA
Final Map
Design and
Processing
Drafting
of
DA/DDA
Site Improvements/
Habitat Mitigation
Schedule subject to change and approvals.

2025 Community Engagement

 2025 engagement has included:
• 15 meetings with local organizations and groups
• 5 city/state/local government meetings
• A community survey to gather feedback on the
project and answer community questions
• 2025 BR CNWS FAQ document posted on our
website
(concordbpproject.com)
The Brookfield Residential team has been engaging with community members and local organizations throughout 2025. 2025 Community Engagement
7  In 2025, BR CNWS monthly project emails
included a community survey which asked
participants to rank project topics they were
most interested in learning more about.

Top project topics of interest included:

1. Traffic/connectivity

2. Affordable housing

3. Parks, trails and open space
 The 2025 community survey asked participants what
questions they had about the project.

Feedback included:
• “What is the plan for the parks and particularly the
tournament fields?”
• “When do you anticipate move in dates for housing? Will there be accessible housing , e.g., single level, level-in, for seniors?”
• “What kind of residential zoning are we looking at for the project?”

Site Hike With Friends of Concord Creeks
8 On Thursday 5/29, our team had the opportunity to hike portions of the CNWS Site with Friends of Concord Creeks!

Summer 2025 Brews with Brookfield Events
9 While our team continues to engage with the Navy to complete the Term Sheet, we want to provide an informal opportunity to engage with the community to answer questions and continue to gather feedback.  The CNWS Brookfield team will be hosting two Brews
with Brookfield events, one on June 16th at Side Gate
Brewery and one in July.
 There will be no formal presentation, but we are excited to provide an opportunity for all community members
who want to come out to ask our team questions, share
thoughts and feedback and learn more about the project.  We included the invite to the June 16th event in our June monthly project eblast and the invite is on our website calendar.

Learn more at our project webpage
We look forward to hearing from you!
10

Staff Report
Date: June 10, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Jeff Rayos, Administrative Services Manager [email protected]
(925) 671-3446
Subject: Considering adoption of a Resolution approving the request of the City of Pleasant Hill to allow Sunvalley Mall and certain City of Concord commercial properties to be included in Pleasant Hill Landscaping and Lighting Assessment District #20, Commercial Area Landscaping and Lighting. (No fiscal impact)

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

Report in Brief
The City of Pleasant Hill’s Landscaping and Lighting District #20 includes commercial properties that are within the incorporated area of the City of Concord. Annually, the City of Concord considers the inclusion of these areas within Pleasant Hill’s Landscaping and Lighting Assessment District #20.

Recommended Action
Adopt a Resolution Approving the Request of the City of Pleasant Hill to allow Sunvalley Mall and certain City of Concord Commercial Properties to be included in the City of Pleasant Hill Landscaping and Lighting Assessment District #20, Commercial Area Landscaping and Lighting.

4.a4.a4.a4.a

City Council Agenda Report
Agenda Item No. 4.a
June 10, 2025
Background
The City of Pleasant Hill has approved certain Landscaping and Lighting Assessment Districts within the City of Concord since 1988, as authorized by the Landscaping and Lighting Act of 1972. Since Pleasant Hill Assessment District #20 includes properties within the City of Concord, the inclusion of these properties in the District requires the consent of the City of Concord in accordance with Landscaping and Lighting Act of 1972 (California Streets and Highway Code §§22500-22679).

Analysis
The City of Concord has annually reaffirmed its consent for the City of Pleasant Hill to include 17 parcels (Attachment 2) within the City of Concord in Pleasant Hill’s Landscaping and Lighting District #20. The owners of Concord properties in the District have expressed no opposition. On February 3, 2025, The City of Pleasant Hill approved Resolution No. 4-25 (Attachment 2) requesting the City of Concord’s consent to the ordering of improvements and assessments of costs for benefited properties in Assessment District #20. These improvements are generally described as the installation, servicing, and maintenance of public landscaping and street lighting within the district, primarily Contra Costa Boulevard which acts as the city limit. Landscaping the boulevard enhances our shared border which contributes to local economic activity for the nearby Sunvalley Mall, and nearby businesses located within the City.

Financial Impact
Adoption of this resolution consenting to the City of Pleasant Hill’s request to allow Sunvalley Mall and certain other City of Concord commercial properties to be included in Pleasant Hill Landscaping and Lighting Assessment District #20 will have no fiscal impact on the City of Concord.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), these activities do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, the Amendment is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that these activities may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

City Council Agenda Report
Agenda Item No. 4.a
June 10, 2025
Attachments

1. Resolution approving the request of the City of Pleasant Hill to allow Sunvalley Mall and certain other City of Concord commercial properties to be included in Pleasant Hill Landscaping and Lighting Assessment District #20

2. City of Pleasant Hill Resolution No. 5-25 with Exhibit “A”, List of Parcels within the City of Concord incorporated territory and map of properties in Landscaping & Lighting Assessment District #20

3. Pleasant Hill Assessment District #20 Boundary and Parcel Map

Res No. 25-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Request of the
City of Pleasant Hill to Allow Sunvalley Mall
and Certain Other City of Concord Commercial
Properties to be Included in Pleasant Hill
Landscaping and Lighting Assessment District #20,
Commercial Area Landscaping and Lighting Resolution No. 25-XX /
WHEREAS, on July 5, 1988, by Resolution 88-99 the City of Concord authorized the City of Pleasant Hill to include portions of the City of Concord in Assessment District #20, Commercial Area Landscaping and Lighting; and
WHEREAS, it is necessary for the City of Pleasant Hill to levy the annual assessment for this commercial landscaping and lighting district in accordance with the California Streets and Highways Code §22500; and
WHEREAS, it is necessary for the City of Concord to authorize the City of Pleasant Hill to include portions of the City of Concord previously included in this landscaping and lighting district for purposes of the annual levy.

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

Section 1. The foregoing recitals are incorporated by reference. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), these activities do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, the Amendment is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that these activities may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present.

Attachment 1

Res No. 25-XX 2
This determination reflects the City’s independent judgment and analysis.

Section 2. The City Council consents to exercise of jurisdiction by the City of Pleasant Hill for the annual levy of assessments in Assessment District #20, Commercial Area Landscaping and Lighting, for Sunvalley Mall and certain other commercial properties located within the City of Concord, identified in Attachment 2.

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 June 10, 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 June 10, 2025.

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

Susanne Meyer Brown
City Attorney

Attachment 2

Assessment District No. 20
City of Pleasant Hill

DISTRICT ASSESSMENT DIAGRAM
Attachment 3

Attachment 4

Staff Report
Date: June 10, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Margaret L. O'Brien, Director of Finance
Prepared by: Himmat Bains, Sr. Financial Analyst
[email protected]
(925) 671-3183
Subject: Considering approval of an Agreement with HdL Companies for Business License System Upgrade, Cloud Migration, and Integrated Payment Processing Services in the not to exceed amount of $266,850 for the full length of the Agreement (two years plus the ability for three, one-year extensions) and establishing the contractual relationship for discovery, collections, and auditing compliance activities, and
authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney.

Report in Brief
The City of Concord (City) requires any person conducting business in the City to first procure a business license and pay an annual business license tax. The business license tax currently accounts for 3% of General Fund revenues. The City’s business license processing system, first implemented in 2004 and last upgraded in 2015, is outdated and lacks integration capabilities with the City’s current and future financial systems.

To modernize the business license program and ensure optimal compliance, staff recommends entering into an Agreement for Professional Services (Agreement) with HdL Companies (HdL) for migration to their Prime Cloud-hosted business license platform. The cloud system will streamline business licensing operations by improving data security and accessibility, reducing IT maintenance, and integrating payment processing services that accept both credit card and eCheck transactions.

4.b4.b4.b

City Council Agenda Report
Agenda Item No. 4.b
June 10, 2025
In addition to modernizing the software and payment process, the Agreement includes Discovery, Collections, and Auditing Services designed to proactively identify unlicensed or under-reporting businesses and bring them into compliance with the City’s municipal code. These services are contingency fee-based and will enhance compliance and generate additional revenue.

Recommended Action
Approve the Agreement with HdL Companies for Business License System Upgrade, Cloud Migration, and Integrated Payment Processing Services in the not to exceed amount of $266,850 for the full length of the Agreement (two years plus the ability for three, one-year extensions) and establish the contractual relationship for discovery, collections, and auditing compliance activities; and authorize the City Manager to execute the Agreement in a form acceptable to the City Attorney.

Background
The City of Concord (City) requires any person conducting business in the City to first procure a business license and pay an annual business license tax. The business license tax currently accounts for 3% of General Fund revenues. The City has contracted HdL for business license software and support services since 2004. The last major upgrade occurred in 2015, when the City transitioned to HdL’s Prime Web Module to enhance customer service through online business license renewals.

While this system has served the City’s needs for many years, it no longer meets operational, technical, and customer service expectations. As part of the City’s broader effort to modernize its financial systems and revenue collection processes, staff identified the need to upgrade to HdL’s Prime Cloud-based platform. This upgrade will provide enhanced capabilities, including a secure, hosted environment that reduces internal IT maintenance and ensures system reliability, disaster recovery, and compliance with data security standards.

In addition to improving internal efficiencies, migration to HdL Prime Cloud will expand taxpayer self-service features. Businesses will be able to apply, renew, and pay for licenses online using both credit card and eCheck payment options.

As part of this Agreement, the City will also contract for HdL’s compliance program services which consist of Discovery, Collection, and Audit Services. These services are structured on a contingency basis and are designed to proactively identify unlicensed, delinquent, or under-reporting businesses. HdL’s compliance program has proven successful in other cities in generating new revenue and ensuring fair and consistent application of municipal business license requirements.

Analysis
The proposed Agreement with HdL will transition the City’s business license system from an on-premises city server to the web-based Prime Cloud-hosted platform,

City Council Agenda Report
Agenda Item No. 4.b
June 10, 2025
improving system reliability, security, and accessibility while reducing internal IT support requirements. The upgrade will also expand online self-service capabilities for City taxpayers, allowing businesses to apply for, renew, and pay for business licenses through an integrated payment processing system that supports both credit card and eCheck transactions.

In addition to the system upgrade, the Agreement includes discovery, collection, and audit services to enhance compliance and maximize revenue collection. As a part of the proposed agreement, HdL will:
• Conduct Discovery services. This is the process to identify unregistered and misclassified businesses and work with those businesses to achieve compliance. HdL will use various methodologies, databases, and sources to proactively find these unregistered businesses.
• Conduct Collection services. This is the effort to collect delinquent payments. • Conduct Audit services. HdL has a staff of experienced business tax auditors who will perform audits, of select businesses that appear likely to be miss- reporting information and not paying the correct amount of taxes owed.

There is no direct cost for the Discovery, Collection and Audit services provided as part of this Agreement. Payment for these services is on a contingency basis, meaning HdL is only compensated if their work results in revenue recovery for the City. Furthermore, this compensation is only based on the initial recovered revenue, not the ongoing revenue the City will receive as a result of these services. The compensation structure is as follows:
• 40% of revenue recovered as a result of Discovery services. • 25% of revenue recovered as the result of Collection services. • 40% of revenue recovered as a result of Audit services.

Similar service models are widely used in other municipalities in California to modernize their licensing programs, improve compliance, and increase revenue. HdL’s comprehensive solution is expected to enhance customer service to the business community, improve enforcement of business license requirements, reduce manual processing demands on City staff, and increase compliance with the City’s business license tax and therefore revenue from the program.

Procurement Process
For purposes of this Agreement, and in accordance with City of Concord Municipal Code section 3.10.080 (3), the City is piggybacking on an existing agreement for the in- kind service awarded to HdL by the City of South San Francisco via competitive process in May 2025.

City Council Agenda Report
Agenda Item No. 4.b
June 10, 2025
Financial Impact
The initial term of the Agreement with Hdl will be effective July 1, 2025 and end July 30, 2027, and contains three one-year renewal options for a total 5-year Agreement amount not to exceed $266,850.

The Agreement with HdL Companies includes a fixed not-to-exceed amount of $266,850 for system migration, configuration, training, software support, and implementation of the Prime Cloud-hosted business license platform. This amount is budgeted within the Finance Department’s proposed budget.

HdL’s compensation for Discovery, Collection, and Audit Services is directly tied to identification and collection of new revenue for the City.

Public Contact
The City Council Agenda was posted.

Attachments

1. Professional Services Agreement with HdL Companies with Exhibit A, Scope of Services

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on July1, 2025 between the City of Concord, a California municipal corporation, ("CITY") and Hinderliter de Llamas & Associates, 120 S.

State College Blvd #200 Brea, CA 92821 (“CONSULTANT”).

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

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

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on July 1, 2025, and expire on June 30, 2027.

A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for three additional periods of one year each commencing upon expiration of the initial or extended term, subject to the same terms and conditions of this Agreement.

CONSULTANT shall give written notice of its request for extension of the term of the Agreement to the City’s Authorized Representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the initial or extended term.

The extensions of the term of this Agreement shall be subject to a review of CONSULTANT’s performance in accordance with the terms and conditions of this Agreement and shall be subject to City approval. Such extension of time shall be in writing by a duly executed Amendment to this Agreement.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit B. However, shall in no event shall the amount CITY pays CONSULTANT exceed TWO HUNDRED SIXTY-SIX THOUSAND EIGHT HUNDRED FIFTY dollars ($266,850.00) for the term of this Agreement, plus additional consideration of accounting to forty percent of all recovered business tax Attachment 1

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revenue received by the CITY from the performance of discovery services, twenty-five percent of revenues received by the CITY as the result of collection services, and forty percent of the revenues received by the CITY as a result of audit services. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within forty-five (45) days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Margaret L. O'Brien, Director of the Department of Finance. The CONSULTANT’s authorized representative is Joshua Davis, V. P. of TFA.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section

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3.10.040(a). The Minimum Threshold for Fiscal Year 2024-25 is $90,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance.

CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or

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assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Services and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.

Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All completed documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.

10. INDEMNIFICATION.

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A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.

11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit A 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 CONSULTANT. All suspensions shall extend the time schedule for performance in a

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mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (45) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.

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

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law.

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16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services.

18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other

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term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.

22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

Client acknowledges and agrees that any other public agency (including, without limitation, any participating government agency) located within or outside of the State (e.g., city, municipality, county, district, public authority or other political subdivision) may procure services for fees and other terms

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and conditions that are substantially similar to any of the Services, Fees and other terms and conditions set forth in this Agreement, provided that such other public agency executes a separate agreement with Consultant wherein the services rendered to such other public agency, the fees payable by such other public agency, and the other terms and conditions of such separate agreement are the responsibility of Consultant and such other public agency and not Client.

23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.

24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's address as shown below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

To CITY: Margaret L. O’Brien, Director of Finance
Department of Finance
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3192
Email: [email protected]
To CONSULTANT: Contracts
Hinderliter de Llamas & Associates
120 S. State College Blvd #200
Brea, CA, 92821
Phone: (714) 879-5000
Email: contracts @hdlcompanies.com

25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

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26. EXECUTION . Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Joshua Davis Name: Valerie J. Barone
Title: Vice President of TFA Title: City Manager
Address: 120 S. State College Blvd #200 Address: 1950 Parkside Drive Brea, CA, 92821 Concord, CA 94519
Telephone: Phone: (714) 879-5000 Telephone: (925) 671-3150 Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk

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FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING FISCAL YEARS 2024-25 & 2025-26 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $266,850 plus additional consideration of accounting to forty percent of all recovered business tax revenue received by the CITY from the performance of discovery services, twenty-five percent of revenues received by the CITY as the result of collection services, and forty percent of the revenues received by the CITY as a result of audit services. Account Code 1003700Z999-63118.

Finance Director's Signature

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EXHIBIT “B”
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

2. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

3. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.

4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.

CONSULTANT shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

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If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

The policies are to contain, or be endorsed to contain the following provisions:

1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.

2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.

3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.

4. Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.

5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party, CONSULTANT shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.Page 17 of 31

Exhibit A- HdL Compliance Services and Prime Cloud Migration

SCOPE OF SERVICES
A. SCOPE OF SERVICES- COMPLIANCE SERVICES

1. Compliance Services: 1) Identify and register businesses which are subject to licensure or taxation, 2) collect known debt as pertains to business license or tax, and 3) identify under-reported tax liability.

1.1.Discovery Services

1.1.1. Develop a list of businesses subject to Client licensure or taxation.

1.1.2. Notify non-compliant businesses of their options to comply or dispute their non-compliant status. Notification and support to businesses will be facilitated through the website, mail, email, phone and fax.

1.1.3. Review information and forms submitted by the business for completion and accuracy, inclusive of any additional required documentation (i.e. home occupation permit). All submissions are filed and stored electronically and made available to Client upon request.

1.1.4. Provide businesses with detailed invoicing and options to pay via website, mail, and phone.

1.1.5. Remit revenue to Client no less than monthly, along with all business applications and any additional documentation.

1.2.Collection Services

1.2.1. Identify businesses subject to Client licensure or taxation which have known debt to Client and have failed to pay within an appropriate time frame.

1.2.2. Notify businesses of their options to comply or dispute their non-compliant status.

1.2.3. Provide businesses with detailed invoicing and options to pay via website, mail and phone.

1.2.4. Remit revenue to Client no less than monthly.

1.3.Audit Services

1.3.1. Identify potential under-reporting and/or misclassified businesses.

Exhibit A to Attachment 1

Exhibit A- HdL Compliance Services and Prime Cloud Migration

1.3.2. Audit businesses mutually agreed to by Client and Consultant that are identified as potential under-reporting businesses.

1.3.3. Submit audit summaries to Client and discuss further actions.

1.3.4. Educate businesses on proper reporting practices.

1.3.5. Invoice and collect identified deficiencies.

2. Online Payment Processing – Consultant’s services include PCI compliant payment processing services which supports both credit card and eCheck transactions.

2.1.Client Responsibilities

2.1.1. As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by Consultant’s payment processor, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by Consultant’s payment processor. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.

2.1.2. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights.

FEES- COMPLIANCE SERVICES

3. Compliance Services

3.1.Fees for performing compliance Services apply to all monies received for the current tax/license period and any other prior period collected (including monies received for taxes, penalties, interest, and fees).

3.1.1. Fees for performing discovery Services shall be a contingency Fee of 40% of the revenues received as a result of the Services.

3.1.2. In the event that Client discovers a non-compliant business and reports the business to Consultant (including a calculation of all taxes/fees due), Consultant will categorize the business as a collection service effort and thus apply the lower collection Services contingency Fee rate.

Exhibit A- HdL Compliance Services and Prime Cloud Migration

3.1.3. Fees for performing collection Services shall be a contingency Fee of 25% of the revenues received as a result of the Services.

3.1.4. Fees for performing audit Services shall be a contingency Fee of 40% of the revenues received as a result of the Services.

3.2.Consultant recognizes Client’s authority to waive or reduce the tax/fee debt of a business. Should Client decide to do so for a business whose deficiency was identified by Consultant, Consultant shall be entitled to compensation in the amount of one half (1/2) of the Fees Consultant would have otherwise earned.

Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for deficiencies which are otherwise incapable of collection (i.e. statute of limitation or other legal defense) shall not be considered a Client voluntary election to waive, and thus, Consultant would not be entitled to compensation related thereto under this provision.

3.3.The fee shall be paid notwithstanding any related Client assistance, work in parallel, and/or incurrence of attorneys’ fees or other costs or expenses in connection, with the relevant Services.

3.4.Fees related to travel and lodging expenses are billed at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by Client.

3.5.Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.

4. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or Client funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.

4.1.Taxpayer funded model – Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.

4.1.1. Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00

4.1.2. ACH/eCheck processing - $2.50 per transaction

Exhibit A- HdL Compliance Services and Prime Cloud Migration

4.2.Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.

4.3.Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.

B SCOPE OF SERVICES- PRIME CLOUD MIGRATION

6. Prime Cloud Migration - Consultant will migrate Client’s local tax software environment from a prior version of Consultant’s software platform to Consultant’s current hosted software platform, Prime Cloud.

6.1. System Configuration Migration - Consultant will migrate Client’s local tax system configuration into the new Prime Cloud platform, including all rates, tax/fee schedules, penalties/interest, and other feature configurations modifiable through Consultant’s software solution. Consultant may recommend certain changes to system configuration to improve Client’s effectiveness and experience with the software. These recommendations will be submitted to Client’s project manager for approval prior to final conversion.

6.2. Data Migration - Consultant will migrate Client’s existing data into the Prime Cloud platform. Consultant may recommend certain data transformations to improve the integrity of the migrated data. Consultant may also recommend that certain records not be converted, due to age of the data, condition of the data, or a combination of various factors. These recommendations will be submitted to Client’s project manager for approval prior to final conversion.

6.3. Reports Migration - Consultant will migrate Client’s existing reports into the Prime Cloud platform. Client will inform Consultant of any reports which are no longer in use, and these reports will not be converted. Standard reports will be updated to Consultant’s latest version. Consultant may recommend certain report modifications to improve the function or design of reports. Consultant may also recommend that certain reports not be converted, when they would be more functional as a search generated listing. These recommendations will be submitted to Client’s project manager for approval prior to final conversion.

Exhibit A- HdL Compliance Services and Prime Cloud Migration

6.4. Consultant's responsibilities

6.4.1.Project manager - Consultant will provide a project manager (PM) to guide the software implementation process. The primary responsibility for the Consultant PM is to ensure successful and timely completion of each step of the software implementation schedule. The Consultant PM will work closely with the Client's designated project manager to define the software implementation schedule, and validate the conversion of data, reports, and system configuration.

6.4.2.IT support - Consultant will provide a dedicated IT staff member to provide IT support during the software implementation process.

6.4.3.Training - Consultant will provide software training for Client users as defined in the compensation exhibit. The timing, size and participants of each training session will be determined by the Consultant’s and Client’s PMs.

6.5. Client's responsibilities

6.5.1.Project manager - Client will designate a staff member to serve as the Client's project manager (PM). This individual must be intimately involved in the daily business processes which the software will automate, and be empowered to make, or quickly secure from management, decisions required for the configuration and implementation of the software. The primary responsibility for the Client PM is to ensure that all Client responsibilities during the software implementation process are met according to the agreed upon software implementation schedule. The Client PM will be instrumental in the successful implementation of the software; working closely with the Consultant PM to verify data conversion, review and approve reports, establish business rules, and confirm configuration and behavior of the software.

6.5.2.IT support - Client will designate an IT staff member to work with Consultant staff throughout the software implementation process. This individual must be knowledgeable about the Client's computing environment and be authorized to access any equipment or services required for proper access to and operation of the software.

6.6. Schedule – The Consultant PM will work with the Client PM to establish a defined implementation schedule which is agreeable to both Client and Consultant.

Exhibit A- HdL Compliance Services and Prime Cloud Migration

7. Software Hosting Services – Consultant will provide cloud hosting services which offload the majority of IT concerns to Consultant’s hosting team; including system upgrades, hardware and software maintenance, database management, and disaster recovery. Client will be responsible for maintaining its workstations and a reliable internet connection. Consultant will handle the rest. Website functionality will be hosted using a Client specific sub-domain on Consultant’s special purpose hdlgov.com domain.

7.1. Workstation Specifications – Workstations will access the software through a remote application session with Consultant’s hosting service. All workstations require 4+GB Memory, 1280x1024 screen resolution, and MS Windows 10/11 operating system.

7.2. Network Specifications – Consultant’s hosted service requires reliable, high speed internet connectivity. High-speed local area network connections are always helpful, but the service will also run without difficulty over slower WAN connections such as T1 or mobile broadband.

7.3. Printer Specifications - The software is designed to work with laser printers. A PCL compliant laser printer is recommended. Each make and model of printer has different drivers and therefore has slightly different results when printing. We design forms/reports using HP LaserJet printers.

8. Software Support

8.1. Client Support - Consultant will provide Client’s users no charge support by telephone, email and the web during the term of this Agreement. In the United States support is available as follows: For customer support between the hours of 8:00 am and 5:00 pm Pacific time, Monday through Friday, email [email protected] or call (909) 861-4335 and ask for software support. For urgent off hours support before 8:00 am or after 5:00 pm Pacific time, Monday through Friday (or anytime Saturday), email [email protected] and Consultant’s on call support personnel will be notified. Please only include your name, agency and contact # in emails to [email protected]. You will be contacted as soon as possible.

8.2. Response Time – In the event that Client encounters an error and/or malfunction whereby the software does not conform to expected behavior in accordance with the software design, Consultant will assign one of the following severity levels and render support services in a timely manner consistent with the urgency of the situation.

8.2.1.Severity Level 1 – a critical problem has been encountered such that the software is essentially inoperable and without a reasonable workaround.

Exhibit A- HdL Compliance Services and Prime Cloud Migration Consultant will respond within one (1) business hour to diagnose the problem. A response is defined as an email or call to the Client’s designated support contact. Consultant and Client will work diligently and continuously to correct the problem as quickly as possible.

8.2.2.Severity Level 2 – a problem has been encountered that does not prevent use of the software, but the software is not operating correctly. Consultant will diagnose the problem within 48 hours and advise Client of any available work-around. Upon Consultant’s confirmation that the software is not operating correctly, Consultant will provide a software update to repair the defect and confirm with Client that the update resolved the issue.

8.2.3.Severity Level 3 – a minor problem has been encountered. The software is usable but could be improved by correction of a minor defect or addition of a usability enhancement. HdL will assess the request within fifteen (15) business days and, depending on priorities, schedule a software update for a future release, advise Client that the request will not be implemented, or offer the option of implementing the request as a custom software enhancement at additional cost.

8.3. Support Policy Regarding Reports – Consultant’s services include a number of standard listings and reports. Consultant will assist with creating/modifying reports as needed during the term of this agreement. Simple report requests may be provided at no cost, and will require 7 to 10 business days to complete.

Complex reports, or reports required in a very short time frame, will incur development costs at Consultant’s established developer hourly rates. In this case an estimate will be provided to Client for approval before the work is begun.

8.4. Software Upgrades - Except to the extent that upgrades of the software include new modules or features not previously offered as part of the software as of the date hereof, Client is entitled to upgrades of the software within the terms of this Agreement. Additional costs may apply depending on the extent of the upgrade. Potential additional costs include training, consulting, configuration, or other requested services.

8.5. Out of Scope Support – Client agrees to pay additional hourly fees according to Consultant’s then current hourly rates if the Client desires Consultant’s assistance for matters which are not caused by any defects in Consultant’s software.

9. Online Payment Processing

Exhibit A- HdL Compliance Services and Prime Cloud Migration

9.1. Standard Payment Processing Solution – Consultant’s software includes PCI compliant payment processing services through Consultant’s payments partner, which supports both credit card and eCheck transactions. Consultant guarantees continued support of the Standard Payment Processing Solution across all releases of Consultant’s software and the Standard Payment Processing Solution, at no cost to Client.

9.1.1.Payment Processing - Consultant shall provide its Services to support payments remitted to Client. Consultant shall transmit transactions for authorization and settlement through Consultant’s certified payment processor. Funds for transactions processed by Consultant hereunder shall be submitted to Client’s designated bank account as follows: (i) no more than two (2) business banking days after all Transactions (other than electronic Check Transactions) that are successfully processed prior to 5:00 p.m. ET on each business banking day (e.g., a Transaction authorized at 2:00 p.m. ET on Monday will be submitted on Wednesday; a Transaction successfully processed at 8:00 p.m. ET on Monday will be submitted on Thursday); and (ii) no more than five (5) business banking days for all electronic Check Transactions that are successfully processed prior to 5:00 p.m. ET on each business banking day. Consultant makes no representation or warranty as to when funds will be made available by Client’s bank.

9.1.2.Support - Consultant shall provide Client with payment processing related customer service as needed. Client shall timely report any problems encountered with the service. Consultant shall promptly respond to each report problem based on its severity, the impact on Client’s operations and the effect on the service. Consultant shall either resolve the problem or provide Client with the information needed to enable the Client to resolve it.

9.1.3.Transaction Errors - Consultant’s sole responsibility for any Transaction error or reversed Transaction is to determine whether the result indicates a problem with Consultant’s service and, if necessary, reprocess and resubmit the Transaction without additional charge. In the event that a Transaction is reversed or refunded to any Customer of Client, for any reason, Consultant may offset such amount against funds remitted to Client, or invoice Client for such amount, at Consultant’s discretion. Client shall pay any such invoice within 30 days of receipt.

9.1.4.Electronic Check Authorization - If Client elects to accept electronic Checks as a form of payment, the following subsections apply. For the purpose of this section, “checks” means checks drawn on accounts held in the U.S. (“Check(s)”).

Exhibit A- HdL Compliance Services and Prime Cloud Migration

9.1.4.1. As part of the implementation plan, Client shall select risk management controls governing Check acceptance and assumes sole responsibility for the choice of controls.

9.1.4.2. Consultant shall provide confirmation on a submitted ABA number as part of the Service to assist Client with the decision whether to accept a Check and shall route accepted Checks.

9.1.4.3. Client hereby authorizes Consultant to debit the Client’s financial institution account in the amount of any returned item that is received by Consultant.

9.1.5.Client Responsibilities

9.1.5.1. As a condition to its receipt of Consultant’s Standard Payment Processing Solution, Client shall execute and deliver a payments services/merchant application with Consultant’s Standard Payment Processing Solution vendor to establish Client’s merchant account for payments processing, and any and all applications, agreements, certifications or other documents required by Networks or other third parties whose consent or approval is necessary for the processing of Transactions. This includes “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.

9.1.5.2. Client represents, warrants, and agrees that it does and will comply with applicable Laws and regulations and Network rules, regulations or operating guidelines. Client shall notify Consultant in writing as soon as possible in the event a claim is either threatened or filed against Client by any governmental organization having jurisdiction over Client or a Customer related to the Service. Client shall also notify Consultant in writing as soon as possible in the event a claim is either threatened or filed against Client relating to Transactions or the Services or a fine or other penalty is assessed or threatened relating to Transactions or the Services.

9.1.5.3. Client represents, warrants and agrees that it is and will continue to be in full compliance with all applicable requirements of the Client Information Security Program of VISA, the Site Data Protection Program of MasterCard, and similar programs of other Networks, and

Exhibit A- HdL Compliance Services and Prime Cloud Migration any modifications to such programs that may occur from time to time.

Upon the request of Consultant, Client shall provide Consultant with documentation reasonably satisfactory to Consultant verifying compliance with this Section.

9.1.5.4. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights.

9.2. Custom Payment Processing Solution - Should Client require a different payment processing solution than Consultant’s designated standard solution, Client will pay an initial custom development fee to establish the integration as well as an increase to the annual use fee to maintain the integration across regular maintenance releases of Consultant’s software and Client’s custom payment processing solution. The annual use fee does not include significant redevelopment of the integration as may be required for major updates to Consultant’s software or Client’s custom payment processing solution. Before commencing any work Consultant will provide a statement of work (SOW) defining the scope of work to be performed, timeline for development, and all associated costs.

Exhibit A- HdL Compliance Services and Prime Cloud Migration

FEES- PRIME CLOUD MIGRATION

11.Pricing Adjustments – All pricing listed in this Schedule will be honored during the first twelve months of services. Any additional/optional services needed after this period will be provided using Consultant’s current pricing schedule at the time the service is requested.

12.Software Services -

12.1. One Time Costs - If funded through discovery/compliance services, the city’s revenue for those services will be applied to these fees until the $39,550.00 is recovered by Consultant.

Item Price Comments
Prime Cloud migration $_33,850.00____ Project fee to migrate Client’s software platform to Prime
Cloud + year one of the
Annual Software Use Fee
Travel Expenses None No travel is required for this
project.

Training – 1 day Included Additional training available at $200/hour (remote)
TOTAL $_33,850.00___ Total one-time costs

12.1.1. Prime Cloud migration – Fee includes all work required to complete the migration project, including project management, report development, data conversion, and IT support.

12.1.2. Travel Expenses – Travel and lodging expenses are billed at cost and apply to all meetings; including process, pre-installation, installation, training, and support. Consultant is dedicated to conserving public funds, and ensures any travel costs are required and reasonable. No travel is required for this migration project.

12.1.3. Customizing Services – Consultant’s software is a customizable off the shelf system (COTS), and has been designed to meet all common needs of local governments. Should the need occur, Consultant may provide custom

Exhibit A- HdL Compliance Services and Prime Cloud Migration enhancements to the software on a time and material basis. No work shall be performed without prior written approval of Consultant and Client.

12.2. Recurring Costs
Item Price Comments
Software Use Fee $__$26,600.00__ + CPI, Billed Annually.

Includes _6_ licensed users

1.1.1.Software Use Fee – Software Use Fee is billed annually, and provides for use of the software by the specified number of licensed users, software hosting services, customer support, and updates to the software. Additional user licenses are available as follows:
$2,000.00 software use fee per license up to 10 total licenses $1,800.00 software use fee per license from 11 to 20 total licenses $1,600.00 software use fee per license above 20 total licenses

12.2.1. CPI – Recurring costs will be increased as of January 1st of each calendar year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Change is

1.5%, then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%.

13.Payment Processing – Consultant’s Standard Payment Processing Solution will configure payment processing services to utilize either a taxpayer funded model (service/convenience fee) or Agency funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.

13.1. Taxpayer funded model – Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.

13.1.1. Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00

Exhibit A- HdL Compliance Services and Prime Cloud Migration

13.1.2. ACH/eCheck processing - $1.25 per transaction

13.1.3. ACH/eCheck returns - $0.00 per return

13.1.4. Chargebacks - $0.00 per chargeback

13.1.5. Payment Account Hosting and Maintenance - $35.00 per month

13.2. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to:
regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.

13.3. Fees do not include expenses, late fees or charges, or taxes, all of which shall be the responsibility of Client. In addition to the charges specified, Client shall be responsible for (a) all interchange and network provider fees, (b) all dues, fees, fines and assessments established and owed by Client to Visa and/or Mastercard, (c) for all costs and fees associated with changes to ATM protocol caused by Client’s conversion to the Services, and (d) any increase in postage charges, provided that any increase in charges resulting from (a) through (d) shall not exceed the actual increase incurred by Consultant.

14.Payment Schedule

14.1. All one-time project costs, if not discovery funded, shall be paid as follows:

14.1.1. 70% shall be due within 30 days of the effective date of the Agreement.

14.1.2. 30% shall be due within 30 days of full system delivery or first production use of the software, whichever comes first.

14.2. Any travel and lodging expenses are billed at cost on a monthly basis.

Such expenses shall be due within 30 days of the billing date.

14.3. Recurring software service fees will continue to be invoiced each year on the currently established annual cycle, and shall be due within 30 days of the invoice date. An initial prorated billing for these fees shall be invoiced upon go- live, covering the time from go-live until the established annual cycle date. This prorated billing will include a credit for any unused software use fee from the prior software platform.

14.4. Payment processing service fees are invoiced monthly for the prior month’s activity, and shall be due within 30 days of the invoice date.

Exhibit A- HdL Compliance Services and Prime Cloud Migration

15.Custom Services – Consultant’s current hourly rates are as follows:

15.1. Principal - $325 / hr

15.2. Programmer - $295 / hr

15.3. Senior Analyst - $245 / hr

15.4. Analyst - $195 / hr

Staff Report
Date: June 10, 2025
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering approval of a License Agreement with ABC Tree Farms, LLC for a fee of $5,500 per month from September through December 2025 ($22,000 total) to allow temporary operation of a pumpkin patch and Christmas tree lot for the property bounded by Clayton Road, Concord Boulevard, and Galindo Street; and authorizing the City Manager to sign the agreement in a form acceptable to the City Attorney.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections Not a
project/exempt per CEQA Guidelines Sections 15060(c),
15061(b)(2), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, and/or 15305.

Report in Brief
The City owns what is known as the “white picket fence property,” which is bounded by Clayton Road, Concord Boulevard, and Galindo Street. Beginning in 2021, the City has temporarily licensed the property to operate a pumpkin patch and Christmas tree lot.

The City received a request to again license the property for the 2025 holiday season.

City staff supports the temporary licensing of the property for this use because it will help stimulate activity within the downtown during the 2025 holiday season. In addition, City staff negotiated a favorable licensing fee while also developing conditions which ensure the City’s best interests in terms of safety of patrons, motorists, and pedestrians, and compliance with applicable policies and regulations. The proposed licensing agreement also ensures that the property and adjacent roadways will be fully restored to pre-licensing conditions.

4.c4.c4.c

City Council Agenda Report
Agenda Item No. 4.c
June 10, 2025
Recommended Action
Approve a License Agreement with ABC Tree Farms, LLC for a fee of $5,500 per month from September through December 2025 ($22,000 total) to allow temporary operation of a pumpkin patch and Christmas tree lot for the property bounded by Clayton Road, Concord Boulevard, and Galindo Street; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

Background
In 2021, the City received a proposal to operate a pumpkin patch and Christmas tree lot on the City property located at Clayton Road, Concord Boulevard, and Galindo Street.

The subject property is commonly referred to as “the white picket fence property” by staff and the community. The property is currently vacant, and previous temporary uses were for a single season. The City received a proposal to again license the property for the 2025 season. The City is currently marketing the property for future permanent redevelopment; the proposed temporary use will not impact that process.

Analysis
Aside from the license fee, the proposal is the same as it was in prior years and includes uses ancillary to the sale of pumpkins and Christmas trees; including inflatable slides and jump houses, paintball, pony rides, and other children’s activities. The license fee was negotiated down by 14% for 2025, from $25,576 in 2024 to $22,000. This reduction reflects an 18% decline in site sales from 2023 to 2024, coupled with significant inflationary increases in the cost of goods sold. Staff believes the revised fee is fair and reasonable given these conditions.

The white picket fence property is underutilized, suitable, and available for temporary operation of a pumpkin patch and Christmas tree lot, with enough available space for the proposed activities and onsite parking. As in prior years, the operation undergoes a review and permitting process through Concord’s Planning Division and the Contra Costa County Fire Protection District.

In addition to the review and permitting process discussed above, the City of Concord’s Transportation and Engineering divisions reviewed the proposed uses of the property and developed a number of conditions to ensure the City’s best interests, the safety of patrons, motorists, and pedestrians, and compliance with applicable policies and regulations. The Public Works Department, Police Department, and the Transportation and Engineering Divisions of the Community Development Department supported the proposed use given the acceptance of conditions imposed by staff.

The activities proposed by ABC Tree Farms will be highly visible by passing motorists, acting as a magnet that draws people into the downtown to further simulate activity.

Additionally, the $5,500 monthly license fee is competitively priced when compared to similar rentals of vacant lots used for these purposes. Finally, the proposed license

City Council Agenda Report
Agenda Item No. 4.c
June 10, 2025
agreement places requirements on the licensee to improve and restore the condition of the property and fence.

Financial Impact
The license agreement would provide $22,000 to the City for the four-month period.

This payment would be placed in the City’s General Fund.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, and/or Public Resources Code Section 21065 award of this license agreement is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this license agreement is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 – Existing Facilities, 15302 -- Replacement or Reconstruction, 15303 – New Construction or Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations. 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.

Public Contact
The City Council Agenda was posted.

Attachment

1. License Agreement between the City of Concord and ABC Tree Farms, LLC, with Exhibit A – Proposed Layout

LICENSE AGREEMENT
This License Agreement (“Agreement”) is entered into on June 10, 2025 (“Effective Date”) between the City of Concord, a California municipal corporation (“City”) and ABC Tree Farms, LLC, a limited liability company, located at 25 NW 23rd Place, #6 PMB 367, Portland, OR 97210 (“Licensee”).

Recitals
A. City owns certain real property generally located in the 1700 block of Galindo Street, Concord, CA, APN 126-143-012 (“Property”).

B. Licensee would like to obtain a temporary, non-exclusive, and limited right, privilege, and permission to use portions of the Property as shown on Exhibit A (“License Area”) for the purpose of operating a pumpkin patch and Christmas Tree lot subject to certain conditions (as further defined in Sections 5 and 6 below).

C. City is willing to allow such use pursuant to the terms of this Agreement.

Terms and Conditions
NOW, THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee agree as follows:

1. License
A. Grant of License. City hereby grants to Licensee a non-exclusive and limited right, privilege, and permission to use the License Area (including reasonable access to the License Area beginning in August 2025) for i) the purpose of operating a pumpkin patch and Christmas tree lot during the months of September through December; and ii) for no other purpose, subject to all leases, subleases, easements, restrictions and reservations now or subsequently pertaining to the License Area, the Property, or any portion thereof. Licensee’s reasonable access to the License Area beginning in August 2025 is subject to all terms and conditions of this Agreement except for payment of the License Fee indicated in Section 3, below.

B City Access. Licensee agrees that the City or its appointed representatives shall have access to the License Area at all times. City shall have the unrestricted right to observe all activities by Licensee and/or any Licensee Party at the Property. “Licensee Party” means any of Licensee’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 Licensee or under Licensee’s direction or control.

C. Condition of Property. Licensee represents and warrants that Licensee has Attachment 1

inspected and examined the License Area and accepts the License Agreement in its present “as is” condition. Licensee acknowledges and agrees that neither City, nor anyone acting for or on behalf of City, has made any representations, warranties, or promises to Licensee, or to anyone acting for or on behalf of Licensee, concerning the condition of the License Area, 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. Licensee shall keep the License Area in a clean, orderly and sanitary condition to the satisfaction of the Public Works Director or his/her designee. Licensee agrees to take proper care to maintain and preserve the property of City. Upon expiration or other termination of this Agreement, Licensee shall remove all of its employee vehicles and other installations from and shall repair and restore the License Area, the Property, and all portions thereof, and shall peaceably surrender such areas to the City clean and in the same condition as when received, reasonable wear and tear excepted.

D. Risk of Loss. City assumes no responsibility for loss or any damage to the property of the Licensee or Licensee’s employees, including theft, vandalism or other property loss or damage incurred as a result of Licensee’s use of the License Area.

E. Advertising. Licensee shall not at any time display any advertising sign without City’s prior written approval, which City may condition or withhold in its sole discretion.

2. Term. The term of this License Agreement shall be for a period of four (4) months commencing on September 1, 2025 (“Commencement Date”) and expiring on December 31, 2025. The term may be extended by the parties upon mutual written agreement by the parties. The City Manager is authorized to execute such renewal or extension of the License Agreement.

3. License Fee. The “License Fee” shall be $5,500 per month for the period of September 1 through December 31, for a total of $22,000, commencing on the Commencement Date. Licensee shall pay the License Fee to City without notice, demand, offset or deduction, in advance, on the first day of each month of the Term. If the License Fee is due for a period of less than a full month, it shall be prorated for such partial month on the basis of a 30-day month. Licensee shall remit the License Fee to the City of Concord Finance Department, 1950 Parkside Drive MS/06, Concord, CA 94519 or at such other address as Landlord may from time to time designate in writing to Tenant for the payment of the License Fee.

4. Possessory Taxes. Licensee acknowledges and 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 License Area or Licensee’s use thereof pursuant to Revenue and Taxation Code Section 107.6

5. Pumpkin Patch and Christmas Tree Lot. “Pumpkin patch and Christmas tree lot” means temporary sale of pumpkins and Christmas trees, in addition to ancillary uses such as inflatable slides and jump houses, paintball, pony rides, and other children’s

activities within the License Area. Absent an amendment or modification of this Agreement, no activities other than those described above are allowed. No other alterations (including temporary or permanent structures, changes and/or additions) shall be made to the License Area, the Property, or any portion thereof, and no other work or activities shall be allowed without City’s prior written consent, which City may condition or withhold in its sole discretion. Licensee shall provide City with at least one (1) business day prior written notice before conducting any work. All work and all other activities pursuant to this Agreement shall be at the sole cost and expense of Licensee.

6. Conditions. “Conditions” means the following:

A. Following removal of the delineators, on both Clayton Road and Concord Blvd, Licensee shall restore striping and re-slurry the second lanes for the 100 foot portion adjacent to the removed delineators.

B. A surface stabilization treatment for the proposed parking lot, as vehicles driving through unpaved dirt will generate a lot of dust (impacting adjacent residences and businesses), and if it rains, mud will track onto the streets resulting in a storm water violation and potentially expanding the extent of required slurry at the termination of the temporary use.

C. To the extent that the use is proposing pedestrian access (Entrance/Exit) into the lot, all designated paths of travel are required to comply with ADA standards. The only concrete sidewalks adjacent to the lot are adjacent to Galindo St and on the SW portion of the lot adjacent to Clayton Rd. If the project is proposing to have visitors walk adjacent to Clayton Rd, the portion between the exit driveway and Galindo St is not currently ADA Compliant. This pathway would require construction per City standard detail, S-10, and the existing driveway on Clayton Rd would likewise require reconstruction to City standards to be ADA compliant, as well.

D. The existing ‘Signal Ahead’ blinking warning light on Concord Blvd must remain visible to motorists at all times.

E. Prior to and following termination of the temporary use, the City will require the restoration of fencing around the lot, including any missing or damaged sections, back to “new.”
F. Absent an amendment or modification of this Agreement, no activities other than those described above are allowed. No other alterations (including temporary or permanent structures, changes and/or additions) shall be made to the License Area, the Property, or any portion thereof, and no other work or activities shall be allowed without City’s prior written consent, which City may condition or withhold in its sole discretion. Licensee shall provide City with at least three (3) business days prior written notice before commencing any work. All work and all other activities pursuant to this Agreement shall be at the sole cost and expense of Licensee.

G. Temporary power installed by Licensee must be removed following

termination of the use.

7. Indemnification. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. Licensee 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) the Permitted Use; (b) Licensee’s or any Licensee Party’s activities on or about, operation of, access to, and/or use of, the License Area, the Property, or any portion thereof; (c) this Agreement; or (d) Licensee’s or any Licensee Party’s performance, non- performance, breach, or default under this Agreement (individually and collectively, “Activities”), except to the extent caused by City’s sole or active negligence or willful misconduct.

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

A. Commercial General Liability Coverage. Licensee shall maintain commercial general liability insurance with limits of no less than one million dollars ($1,000,000) combined single limit per occurrence or two million dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.

B. Automobile Liability Coverage. Licensee 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.

C. Compliance with State Workers’ Compensation Requirements.

Licensee covenants that it will insure itself against liability for Workers’ Compensation pursuant to the provisions of California Labor Code §3700, et seq. Licensee 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 Licensee for City. This provision shall not apply upon written verification by Licensee that Licensee has no employees.

D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. City, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of Licensee and operations of Licensee, premises owned, occupied, or used by Licensee. The coverage shall contain no special limitations on the scope or protection afforded to City, its officers, officials, employees, or

volunteers. Except for worker’s compensation and professional liability insurance, the policies mentioned in this subsection shall name City as an additional insured and provide for notice of cancellation to City. Licensee shall also provide timely and prompt notice to City if Licensee receives any notice of cancellation or nonrenewal from its insurer.
(2) Primary Coverage. Licensee’s insurance coverage shall be primary insurance with respect to City, its officers, officials, employees, and volunteers.

Any insurance, risk pooling arrangement, or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Licensee’s insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. Licensee 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.

9. Compliance With Laws. Licensee 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 Licensee 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. Licensee shall not permit or suffer any mechanic’s lien to be filed against the License Area, the Property, any portion thereof, or any interest therein, and shall immediately discharge any such lien. Licensee 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.

10. 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 or permitted use.

C. Compliance with Hazardous Materials Laws. Licensee shall, at its sole cost and expense, comply with all Hazardous Materials Laws. Neither Licensee nor any Licensee Party shall use, handle, store, transport, release or dispose of any Hazardous Materials anywhere in, on, under or about the License Area, the Property, or any portion thereof. Licensee shall cause any and all Hazardous Materials brought onto, used, generated, stored or discharged in, on, under or about the License Area, the Property, or any portion thereof to be removed from the License Area, the Property, 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 Licensee’s compliance with its obligations concerning Hazardous Materials and Hazard Materials Laws. Licensee shall immediately notify City in writing of any voluntary clean-up or removal action instituted or proposed by Licensee, any enforcement, clean-up, removal or other governmental or regulatory action instituted or threatened, or any claim made or threatened by any person against Licensee, the License Area, the Property, or any portion thereof, relating to Hazardous Materials or Hazardous Materials Laws. Licensee shall also supply to City as promptly as possible, and in any event within five (5) business days after Licensee 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 any of the Activities.

D. Indemnification for Hazardous Materials. In addition to the indemnification provision set forth in Section 6 above, except to the extent caused by City’s sole or active negligence or willful misconduct, Licensee 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) the presence or release of any Hazardous Materials in, on, under or about the License Area, the Property, or any portion thereof; (b) any Activities; (c) the use, generation, storage, treatment, handling, transportation, disposal or release of any Hazardous Materials by or for Licensee or any Licensee Party; or (d) the violation of any Hazardous Materials law by Licensee or any Licensee 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.

11. 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.

12. 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.

13. Enforceability; Interpretation. All duties and obligations of Licensee hereunder shall also be deemed to the duties and obligations of each Licensee Party, and Licensee shall be responsible for any breach of any provision of this Agreement by any Licensee Party. 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 Licensee 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 drafting the language to be interpreted.

Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof.

Headings used in this Agreement are for convenience of reference only and shall not be used in construing this Agreement. 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. 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, and merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between Licensee and City, whether oral or written.

15. Successors and Assigns; No Third Party Beneficiaries; No Joint Venture .

Licensee binds itself and its successors and assigns to the terms and obligations of this Agreement. Licensee shall not assign or transfer any interest in this Agreement without the City’s prior written consent, which City may condition or withhold in its 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, or any joint venture, partnership, employment, or agency relationship between the parties.

16. Notices. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered first class United States mail, return receipt requested, or by personal delivery to the City’s address as shown below, or such other places as City or Licensee 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: City of Concord
Attention: Public Works
Director 1455 Gasoline
Alley, MS/45 Concord, CA
94520
Telephone: (925) 671-
3231
Email:
[email protected]
To Licensee: ABC Tree Farms
Holly Prinz, Director of Operations
25 NW 23rd Place, #6
PMB 367
Portland, OR 97210
Telephone: (408) 383-6303
Email: [email protected]

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

18. Execution; Counterparts; Amendment. Each individual or entity executing this Agreement on behalf of Licensee represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Licensee and that such execution is binding upon Licensee. 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. 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 of Concord Municipal Code.

19. No Title; No Recording. Nothing in this Agreement or any activities pursuant to this Agreement shall convey or create in Licensee any right, title or interest in the License

Area, the Property, or any portion thereof. Licensee may not record this Agreement or a memorandum referring to this Agreement without City’s prior written consent, which City may condition or withhold in its sole discretion.

20. Survival. The terms and conditions of the following Sections shall survive any termination or expiration of this Agreement: Section 7 (Indemnification), Section 8 (Insurance), Section 9 (Compliance with Laws), Section 10 (Environmental Matters), Section 11 (Choice of Law), Section 17 (Non-Liability), and Section 20 (Survival).
(Signatures on following page)

IN WITNESS WHEREOF, City and Licensee have respectively entered into this Agreement as of the Effective Date.

LICENSEE: CITY:

ABC Tree Farms, LLC,
a California limited liability company CITY OF CONCORD, a California municipal corporation
By: By:

Name: Holly Prinz Valerie J. Barone, City Manager
Its: Director of Operations
ATTEST:

By:

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

By:

Susanne Meyer Brown, City Attorney

Staff Report
Date: June 10, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Steve Voorhies, Director of Recreation Services
Prepared by: Ken Yee, Facilities Maintenance Manager
[email protected]
(925) 671-3025
Subject: Considering approval of an amendment to Agreement No. 5990 with Universal Building Services and Supplies Co., increasing the not-to-exceed contract amount in FY24-25 to $545,000, FY25-26 to $641,050, and FY26-27 to $657,581 to continue providing citywide janitorial services; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (Funded from Fund 630 – Building Maintenance, and Fund 100 – General Fund - Recreation Services)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(2), 15061(b)(3), 15378, 15301, 15302, 15303, and/or 15323.

Report in Brief
The City relies on contracted janitorial services for its municipal buildings and facilities.

The City and Universal Building Services and Supplies Co. entered into a three-year Maintenance Services Agreement (Agreement No. 5990) with two one-year extension options on December 1, 2022, with the initial three-year term expiring on June 30, 2025.

The Agreement’s initial three-year term was contracted in the amount of $535,000 and allowed a 3% increase on the two extension options ($551,050 – 1st extension option, and $567,582 - 2nd extension option). Due to an increased demand for special events at Recreation Services’ facilities such as the Senior Center, Willow Pass Community

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City Council Agenda Report
Agenda Item No. 4.d
June 10, 2025
Center, and Centre Concord, the contract must be amended to allow the City to pay these additional cleaning costs; the city is reimbursed for these costs from the individuals and organizations that contract for use of the City facility for their events.

Recommended Action
Approve an amendment to Agreement No. 5990 with Universal Building Services and Supplies Co., increasing the not-to-exceed contract amount to $545,000 FY24-25 ($10,000 increase above the current contract), $641,050 FY25-26 ($90,000 increase above current contract amount), and $657,581 in FY26-27 ($90,000 increase above current contract amount) to provide additional custodial services for special events through Recreation Services Department and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
In August 2022, the City of Concord conducted a Request for Proposal bidding process (City RFP#2478) for janitorial services and seven bids were received. Staff evaluated these bids and Universal Building Services and Supply, Co. (Contractor) was the lowest responsive bidder based on the City’s best value concept as set forth in the RFP and Concord Municipal Code Section 3.10.070(e).

The City and the Contractor entered into a three-year maintenance services agreement (Agreement No. 5990) with two one-year extension options on December 1, 2022, with the initial three-year term expiring on June 30, 2025. Since the time of award, the demands for special event cleaning services have surpassed the contractor’s spending authority on the contract with the costs for providing services recovered through fees and charges by the Department of Recreation Services.

Analysis
The current janitorial services contract with UBS, initiated under RFP#2478 in 2022, did not anticipate the current janitorial demands for special events coordinated by the Recreations Services Department. As a result, the original scope of work and associated funding have proven insufficient to meet both regular citywide janitorial needs and the additional demands of special events, such as conferences, meetings, trainings, and other private events. Over the past two years, the available contract spending authority has been depleted ahead of schedule, impacting both the Department of Public Works and the Recreations Services Department to provide services.

To ensure continuity of operations, staff recommends increasing the vendor’s contract amount in FY24-25 to $545,000, FY25-26 to $641,050, and FY26-27 to $657,581. This adjustment accurately reflects the janitorial services needs for special events and is offset by revenues generated from Recreation Services fees and charges. The proposed increase will allow both Departments to better manage demands without compromising the ability to deliver janitorial services citywide or impacting the City’s general fund as the increased costs are offset by increased revenues.

City Council Agenda Report
Agenda Item No. 4.d
June 10, 2025
Financial Impact
Funding for this contract amendment is available in the respective adopted operating budgets of Public Works and Recreation Services including adequate funds to cover Recreation Services’ additional special event services through offsetting fees and charges.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), and/or 15378, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, these contracts are considered categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 – Existing Facilities, and/or 15323 – Normal Operations of Facilities for Public Gatherings. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 1530.2 apply. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachment

1. Amendment to Agreement No. 5990 with Universal Building Services (UBS)

FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
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28 This First Amendment to Maintenance Services Agreement (“First Amendment”) is entered into on this date, July 1, 2025, and amends the Maintenance Services Agreement, Agreement No. 5990, between the City of Concord (“CITY”) and Universal Building Services and Supplies Co, a California Corporation (“CONTRACTOR”).

WHEREAS, the CITY and CONTRACTOR entered into a Maintenance Services Agreement, Agreement No. 5590, dated December 1, 2022 (the “Agreement”), wherein CONTRACTOR agreed to provide services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth of this Agreement.

WHEREAS, under Section 1 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2025, with the option to extend the Agreement for two additional periods of one year upon mutual written agreement by the parties.

WHEREAS, under Section 5 “AMENDMENT TO AGREEMENT” the Agreement provides that Agreement may be amended by the parties subject to consent and in accordance with the CITY’S Municipal Code.

WHEREAS, the parties mutually desire to amend the Agreement to exercise the First extension option to extend the term and increase the payment for services as set forth under Section 3(A) (“PAYMENT, Compensation”) of the Agreement.

NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 1 “TERM” is hereby amended to read as follows: This Agreement shall commence on December 1, 2022, and expire on June 30, 2026.

2. The first paragraph of Section 3 “PAYMENT” is hereby amended to read as follows:

The compensation to be paid to CONTRACTOR including payment for maintenance services and reimbursable expenses, shall be at the rate and schedules in detail in Section 3. However, in no event shall the amount CITY pays CONTRACTOR exceed five hundred forty-five thousand ($545,000) for FY 2024-2025 and six hundred forty- one thousand and fifty dollars ($641,050) for FY 2025-2026, with the second and final term extension allowing for six hundred fifty-seven thousand five hundred eighty-two Attachment 1

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28 dollars ($657,582) for FY2026-2027. Any Amendment to this Agreement that includes an increase to this compensation amount must be approved by City Council.

3. Except as expressly amended herein, all other terms and conditions of the Maintenance Services Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Amendment on the date indicated above.

Signatures on the following page.

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28 Dated: ______________ Universal Building Services and Supplies Co.

BY: ________________________
Dario DeVincenzi
[email protected]
Dated: ________________ CITY OF CONCORD
By:______________________________
Valerie J. Barone
City Manager
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 2026 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $641,050. Account Code 630-5740-1Z01-63800-400 ($551,0500) 100-4212-1Z01-63800-400 $38,000 (Centre Concord), 100-4211-1Z01-63800-400 $20,000 (Willow Pass Community Center), 100-4240-1Z01-63800-500 $32,000 (Senior Center) Additional $10,000 for FY 2025, 100-4212-1Z01-63800-400 Finance Director's Signature

Staff Report
Date: June 10, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Sophia Huckabay, Housing Manager
Prepared by: Kelly Rush, Principal Housing Program Analyst [email protected]
(925) 671-3032
Subject: Considering an amendment to the Loan Agreement for the Lakeside Apartments to re-subordinate the City’s financing, allowing Resources for Community Development and its
affiliates to resyndicate tax credits to facilitate renovation, and authorizing the City Manager to execute the amended Loan Agreement in a form acceptable to the City Attorney.

NEPA: Categorical exclusion per Section 24 CFR 58.35 (a)(3) and (5).

CEQA: Not a “project”/exempt pursuant to CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

Report in Brief
Lakeside Apartments, located at 1897 Oakmead Drive in Concord, is an existing affordable residential rental community in the City’s affordable housing inventory. It is owned and operated by Resources for Community Development (RCD). The Lakeside Apartments project provides rental housing opportunities to extremely low-, very low-, and low-income households, and includes a mix of one-, two-, and three-bedroom units.

Lakeside Apartments is currently applying to refinance and resyndicate its tax credit financing through the State’s tax-exempt bond and Low-Income Housing Tax Credit

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City Council Agenda Report
Agenda Item No. 4.e
June 10, 2025
(LIHTC) programs. The State will notify RCD if their application was successful in July 2025.

In the likely event that RCD’s application is successful, staff is requesting that City Council (Council) pre-approve that the City’s current loan principal and interest of approximately $3.2 million, which is committed through 2060, be “rolled over” at the time of loan closing to RCD with a new loan term and long-term affordability restrictions in place for 55 years. Assuming a successful application to the State, loan closing between all financing partners is tentatively scheduled for the first quarter of 2026, resulting in the extension of the affordability restrictions until 2081 and a delay in the repayment of the City loan in full until 2081. Staff will work with the City Attorney and City Manager to execute any future amended loan agreement associated with the renovation and resyndication.

A successful refinance and resyndication will generate approximately $18.5 million in tax credit equity and tax-exempt bonds to provide funding for a comprehensive renovation of the Lakeside Apartments. The renovation will enable RCD to address all major building systems and electrify unit heating systems, amongst other items. The renovations are anticipated to total $14 million.

Recommended Action
Considering an amendment to the Loan Agreement for the Lakeside Apartments to re- subordinate the City’s financing, allowing Resources for Community Development and its affiliates to resyndicate tax credits to facilitate its renovation, and authorizing the City Manager to execute the amended Loan Agreement in a form acceptable to the City Attorney and make the NEPA/CEQA determinations as discussed in this report.

Background
Project
Lakeside Apartments, located at 1897 Oakmead Drive, is an existing affordable residential rental community that provides rental housing opportunities to extremely low, very low, and low-income households. The complex consists of 124 units comprised of 59 one-bedroom units, 53 two-bedroom units, and 12 three-bedroom units within eight two-story buildings on 8.81 acres, including part of the private Keller Lake. The Lakeside Apartments is located within ½ mile of BART and other amenities near Downtown Concord. Common area amenities include twelve laundry rooms, a large rental office, a recreation room, two gated pool areas, and the private lake.

Current Financing
In July 2005, the City entered into a loan agreement with Lakeside Apartments, L.P., an affiliate of RCD, for a total amount of $3,716,945 for the acquisition and rehabilitation of Lakeside Apartments. This amounted to a per unit cost of about $30,000. There is currently $3.2 million remaining on the loan (principal and interest). The loan includes a 1% interest rate and a term of 55 years, with the repayment to the City either due at the

City Council Agenda Report
Agenda Item No. 4.e
June 10, 2025
end of the loan term and/or through residual payments. Residual payments are the remaining funds or income generated by a housing project after all necessary expenses have been covered. These residual payments are essentially the net income of the affordable housing project. The City’s affordability restrictions are in place for 55 years and are set to expire in 2060.

In 2005, City funding was leveraged to obtain additional County and State funding, as well as Low-Income Housing Tax Credit (LIHTC) financing.

California Tax-Exempt Bond Financing
The California Debt Limit Allocation Committee (CDLAC) administers the State’s tax- exempt bond financing program which allows developers to compete for a bond allocation to help support both new construction and the renovation of affordable housing. Federal law provides that the tax-exempt bonds can be used in conjunction with receiving 4% in affordable housing tax credits. The bond program is extremely competitive, and a bond allocation is difficult to secure.

Low-Income Housing Tax Credit (LIHTC)
The LIHTC program is a federal tax credit administered by the State. It provides tax credit incentives for developers and investors to create affordable rental housing for lower- income households. The program encourages private sector investment in housing by offering tax credits in exchange for developers reserving a portion of their units for lower income households. Developers, such as RCD, who create or rehabilitate affordable housing projects receive a tax credit allocation from the State. Developers then partner with investors who provide equity in exchange for the tax credits used to lower their tax burdens.

Resyndication of Tax Credits
Resyndication of a LIHTC project involves acquiring an existing LIHTC property that is subject to a valid LIHTC extended-use agreement after its initial 15-year compliance period. This process allows a new owner to gain control of the property and secure a new allocation of LIHTCs, essentially extending the property's commitment to affordable housing and facilitating comprehensive property renovations.

A 15-year compliance period is required for properties receiving LIHTCs. After this period, the property is subject to an extended-use agreement, which obligates the owner to continue providing affordable housing. When a property subject to an extended-use agreement is acquired, it's considered resyndication. This typically involves a new owner acquiring the property, potentially with a new allocation of LIHTCs.

The resyndication process leads to a new 55-year extended-use agreement whereby the affordability restrictions and the loan repayment period would be extended until

City Council Agenda Report
Agenda Item No. 4.e
June 10, 2025
2081. Resyndication would ensure continued affordable housing for the property for another 20 years beyond the current agreement, until 2081.

Analysis
RCD applied for LIHTC resyndication and tax-exempt bond financing for the renovation and resyndication of the Lakeside Apartments to the California Tax Credit Allocation Committee (CTCAC). This is a highly competitive process and although RCD has a high potential to secure the financing, it is not guaranteed that their application will be successful. If RCD is unsuccessful during this current round of financing, they will resubmit their application to CTCAC in the next funding round scheduled for September 2025. Awards for the current funding round are expected to be announced in July 2025.

If Council approves the recommended action, RCD will have the approvals necessary to move forward with their resyndication and renovation application for either funding round and will not need to return to Council prior to the next round.

New Loan Agreement
In the likely event that RCD’s resyndication application is successful, it would necessitate a new loan agreement with the new RCD affiliated partnership, Lakeside Recap, L.P, to “roll-over” the City’s current loan principal and interest due, a total of $3.2 million. Per LIHTC requirements, the interest rate will be the applicable federal rate (AFR) at the time of loan closing, which is currently scheduled for the first quarter of 2026. In May 2025, the AFR was 4.57%, which is higher than the 1% interest rate set in 2005 under the current agreement. The term of the City’s Regulatory Agreement governing the long-term affordability of the Lakeside Apartments development would be extended to 55 years from the date of closing on City’s new loan agreement, or to 2081.

The maturity date of the City loan would also be extended, and due at the end of the 55 years (2081) and/or through residual receipts, which mirrors the City’s current loan agreement. Lakeside’s affordability restrictions and the loan are currently set to expire in 2060. Thus, resyndication and amendment of the load agreement would ensure continued affordable housing for the property for another 20 years until 2081.

The depth of affordability and the residents served would remain unchanged.

Expected Renovations
A successful refinance and resyndication will also help provide funding for a comprehensive renovation of the Lakeside Apartments, generating approximately $18.5 million in tax credit equity and tax-exempt bonds. This will enable RCD to address all major building systems and electrify unit heating systems, amongst other items. The renovations are anticipated to total $14 million, or $113,000 per unit.

Anticipated renovations include but are not limited to (Attachment 2):
• upgrading units to current accessibility codes,

City Council Agenda Report
Agenda Item No. 4.e
June 10, 2025
• roof reinforcement and/or replacement,
• installation of property solar panels,
• upgrading the project’s electrical infrastructure,
• converting unit gas wall furnaces to unit electric and energy efficient heat pumps, • replacing waste lines,
• installing new laundry facilities
• increased security measures, and
• new paint throughout the property.

Alternatives
Council could choose to not recast or rollover the City’s existing financing with RCD for the Lakeside Apartments and call the loan. The resyndication practice allows projects to generate the funds necessary to continue to operate and renovate existing affordable housing projects. As such, if the City chose not to rollover its funding, and the Council calls the existing loan for immediate repayment, the operation of Lakeside Apartments as an affordable housing project would be jeopardized, RCD’s resyndication application to the CTCAC would be disapproved -- the State requires that all loans be rolled over if a project is resyndicated -- and the $14 million in needed renovations to the property would not be made possible.

Financial Impact
There would be no additional City financing required other than the funds that have already been committed to RCD through 2060 for a total of $3.2 million. The interest rate will be the applicable federal rate (AFR) at the time of loan closing, tentatively scheduled for the first quarter of 2026. In May 2025, the AFR was 4.57%, which is higher than the City’s current 1% interest rate set in 2005 under the current City agreement. The term of the City’s Regulatory Agreement governing the affordability of the Lakeside Apartments development would be extended 55 years from the date of closing on the new loan agreement.

Environmental Determination
This action is Categorically Excluded from preparation of an environmental review in accordance with Section 24 CFR 58.35 (a)(3) and (5) of the National Environmental Policy Act (NEPA).

Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the amendments to the loan agreement do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2) or

City Council Agenda Report
Agenda Item No. 4.e
June 10, 2025
15378 because it has not potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Even if the amendments did constitute a project under CEQA, the amendments fall within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment….”
The rehabilitation of the building is categorically exempt pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15302 (Replacement and Reconstruction), 15303 (New Construction or Conversion of Small Structures), and/or 15304 (Minor Alterations to Land) because among other things, it involves the rehabilitation of existing buildings upgrading of existing systems. No unusual circumstances are present. Accordingly, no further environmental review is warranted. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. Second Amended and Restated City HELP/RDA/EAGR/CDBG Loan Agreement

2. 2025 Income Limits

3. RCD Renovation Scope Narrative

Attachment 1

30% AMI 50% AMI 60% AMI 70% AMI 80% AMI 100% AMI 110% AMI 120% AMI Extremely Low Very Low Lower Low Low Median Moderate Moderate 1 Person $33,600 $55,950 $67,140 $78,330 $87,550 $111,850 $123,035 $134,250 2 Persons $38,400 $63,950 $76,740 $89,530 $100,050 $127,850 $140,635 $153,400 3 Persons $43,200 $71,950 $86,340 $100,730 $112,550 $143,800 $158,180 $172,600 4 Persons $47,950 $79,900 $95,880 $111,860 $125,050 $159,800 $175,780 $191,750 5 Persons $51,800 $86,300 $103,560 $120,820 $135,100 $172,600 $189,860 $207,100 6 Persons $55,650 $92,700 $111,240 $129,780 $145,100 $185,350 $203,885 $222,450 7 Persons $59,500 $99,100 $118,920 $138,740 $155,100 $198,150 $217,965 $237,750 8 Persons $63,300 $105,500 $126,600 $147,700 $165,100 $210,950 $232,045 $235,100 Income Calculations: This information is based on amounts provided by HUD and CA Dept. of Housing and Community Development Department (HCD). It is updated annually in the spring. 60% = 1.2 x 50% AMI. 70% = 1.4 x 50% AMI. 110% = 1.1 x 100% AMI. HUD/HCD provides 30%, 50%, 80%, 100% and 120% AMI.

Maximum Income Limits (2025)*
City of Concord
*Based on Area Median Income (AMI) in the Oakland Metropolitan Statistical Area Some affordable housing units are restricted based on income. The table below shows income limits for 2025 (effective April 23, 2025).

Household Size
Attachment 2

P H I L L I P S W I N A R C H I T E C T U R E
3 0 3 2 M A G N O L I A S T R E E T O A K L A N D C A 9 4 6 0 8 www.phillipswin.com Project: LAKESIDE APARTMENTS
Client: RCD
Date: March 12, 2024
PRELIMINARY PROJECT SCOPING – COVER LETTER
The following written narrative correlates to the Unit Matrix dated 2/27/2024.

Unit Matrix. Per client request, PWA has performed a unit-by-unit observation walk to document the existing conditions of specific elements in each unit. The main focus of the Unit Matrix is to provide the client and GC with a general idea of the extent of improvements needed in the units. This document is not to be used for construction purposes, but rather for preliminary scoping and pricing. It is assumed that the GC will perform a similar analysis prior to the start of construction.

Consultant Reports. These forthcoming reports will provide clarity on other scope items such as structural, mechanical, electrical, and plumbing work.

This cover letter is to provide supplemental information to aid in the interpretation of the Unit Matrix, and list the hold amounts to be accounted for during the preliminary pricing exercise done by the GC.

1. Grading System
• 0 = Missing: Items not present, and must be provided. • 1 = Poor: Items to be included in project scope.
• 2 = Functional Repair: Items to be included in scope, revisit if over-budget. • 3 = Cosmetic Repair: Items to be included in scope, but first to omit if over budget. • 4 = Good/Keep: Items to be omitted from scope.

2. Allowances: Contractor to provide allowances for the following items. • Drywall repair
• Mold remediation
• Replacement of gutters and downspouts (assume 50%)
• Repair/Adjust existing cabinet doors and drawers
• Repair/Adjust existing doors and door hardware at swing doors and closet doors • Conversion of 9 to 11 accessible units.
o Reconfigure unit kitchens and baths to be accessible
o Associated work, including:
▪ New fixtures, appliances, cabinets, countertops, etc. ▪ New finishes
▪ Re-routing of electrical and plumbing
• MEP scope
o Conversion from gas to electric
o Plumbing piping for supply/waste for all buildings
o Bathroom Exhaust Fan:
▪ Replace existing fan with new, if damaged
▪ Add fans where they do not exist
- Alt 1: At units without bathroom windows (assume 5%) Attachment 3

P H I L L I P S W I N A R C H I T E C T U R E

3 0 3 2 M A G N O L I A S T R E E T O A K L A N D C A 9 4 6 0 8 www.phillipswin.com

- Alt 2: At all bathrooms without fans (assume 85%)
• Structural scope
o Site retaining wall
▪ Replace portion of wood retaining wall along East side of property (behind Building E)
▪ May require some grading

3. Typical Interior Work: (as excluded from Unit Matrix) • At Units Only:
o Interior Painting: Includes walls, ceilings, doors, windows, trims o Door Hardware: Replace door hardware @ unit entry doors o Smoke detectors: Replace (E) with hard-wired Smoke/CO combo o Signage: Add (N) code-compliant unit signage w/ braille o Windows:
▪ Repair glazing to remediate condensation issues (Assume 5%) o Window screens
o Window Coverings: Remove and replace blinds with new

4. Typical Exterior Work:
• All Buildings Exteriors
o Re-roofing
o Re-painting
• Outside of New Accessible Units (assume 9 units max.) o New paths of travel
▪ Grading, Paving, Re-striping: Ramps, parking, curbs, etc. ▪ Misc. Metals: Railings
▪ Signage
o New doors/hardware

Staff Report
Date: June 10, 2025
To: City Council/City Council Sitting as the Local Reuse Authority From: Valerie J. Barone, City Manager
Prepared by: Guy Bjerke, Director of Economic Development and Base Reuse [email protected]
(925) 671-3076
Subject: Considering adoption of a Resolution accepting the Concord Tourism Improvement District's 2023-2024 Annual Report.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15273, 15378 and/or Public Resources Code Section 21065.

Report in Brief/Analysis
The Concord Tourism Improvement District (CTID) was initially approved by the City in May 2013 and extended for a 10-year period as of November 28, 2017. Each year, the CTID is required to provide an annual report.

The CTID was created to increase the number of hotel room rentals than might not otherwise be achieved without the programs provided by the CTID. The Executive Director of the CTID reports that Visit Concord’s efforts made the following Direct Travel Impacts in 2023-2024:
• Travel spending in Concord increased 1.6% from $212.5 million in 2024 to $209.2 million in 2023
• Tax receipts generated by travel spending are up 4.1% compared to 2023 • Direct travel-generated earnings gained nearly $4 million, a 4.9% increase • Direct travel-generated employment gained approximately 90 jobs, an 4.3% increase in travel-generated employment
• The largest visitor spending gain occurred in Food Service – 1.9% modest increase over 2023 ($74.7 million in 2024 vs $73.3 million in 2023)

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

City Council Agenda Report
Agenda Item No. 5.a
June 10, 2025
• Visitors who stayed in a Hotel or motel contributed $74 million in spending increasing $3.5 million, an increase of 5%
• $2.5 Million collected from the hotels in Transient Oriented Tax (TOT) in 2024 a modest increase from 2023 from $2.3 million
• Concord had $29 Million in hotel sales revenue in 2024 • 264,622 rooms booked in 2024, a 2.5% increase from 2023 • Contra Costa County is down 1.7% in Direct Travel Spending from 2023; Earnings are down .1%; Employment is up 3.4%; Tax revenue is up 2.4%; it is interesting to note that “other travel” defined as transportation, air and convention services is down 30%.

Please see the attached CTID 2023-2024 Annual Report (Attachment 1); the CTID 2024-2025 Management Report (Attachment 2); and the 2025-2025 Sales & Marketing report (Attachment 3) provided by Beth Javens, the President & CEO of Visit Concord, outlining its work plan, past year’s budget, and accomplishments.

The Executive Director of the Concord Tourism Improvement District, Beth Javens, will be making a presentation during this agenda item prior to Council taking action on the resolution.

Recommended Action
Adopt a Resolution (Attachment 4) accepting the Concord Tourism Improvement District’s 2023-2024 Annual Report.

Public Contact
The City Council Agenda was posted and the nine participating CTID members were notified.

Attachments

1. Resolution accepting the Concord Tourism Improvement District 2023-2024 Annual Report.

2. Visit Concord’s 2023-2024 Annual Report

3. Visit Concord’s 2024-2025 Management Report

4. Visit Concord’s 2025-2026 Sales & Marketing Plan

Res No. 25-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting the Concord Tourism
Improvement District’s 2023-2024 Annual Report
Resolution No. 25-XX
/
WHEREAS, the City of Concord has the authority to establish a Tourism Improvement District under the Property and Business Improvement District Law of 1994 (Streets and Highways Code §36600 et. seq.) of the California Streets and Highways Code (“Act”); and WHEREAS, the City Council has established a Tourism Improvement District for the City of Concord and a portion of the Contra Costa County (“CTID”), pursuant to the Act, by and through the adoption of Resolution No. 13-48 on May 28, 2013; and
WHEREAS, the CTID was formed to administer marketing programs to promote the City of Concord as a tourism destination and to fund sales and marketing programs that benefit hotels within the boundaries of the CTID; and
WHEREAS, it is anticipated that the CTID will increase the occupancy of lodging businesses with more than 30 rooms in the district boundaries that would not occur without the CTID; and WHEREAS, each district established pursuant to the Act requires an annual approval of an annual report from CTID, and adoption of a resolution confirming the acceptance of the annual report for each year; and
WHEREAS, the City Council renewed the CTID for a 10 year period through the adoption of Resolution 17-77 on November 28, 2017; and
WHEREAS, the City Council expressed its intention to accept such report.

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

Section 1. CEQA. Passage of this resolution and the actions herein are not a project/exempt from environmental review under CEQA Guidelines Sections 15060(c), 15273, 15378 and/or Public Resources Code Section 21065.

Section 2. The annual report titled “Concord Tourism Improvement District, 2023-2024 Attachment 1

Res No. 25-XX 2
Annual Report” for the CTID is hereby accepted and confirmed by the City Council, and a copy is on file in the City Clerk’s office at City Hall, 1950 Parkside Drive, Concord, CA. Said report contains a description of the proposed improvements and activities, the boundaries and benefit zones, and the basis of assessment for Fiscal Year 2023-2024.

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 June 10, 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 June 10, 2025.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Attachment 2

MEMORANDUM
May 29, 2025
TO: Guy Bjerke, Director, Economic Development & Base Reuse FROM: Beth Javens, Executive Director, Visit Concord
SUBJECT: Concord Tourism Business District’s 2023-2024 Annual Report Report in Brief
A Tourism Improvement District (TID) is a tool to collect assessments from participating hotels to fund tourism marketing and promotional programs that directly benefit the participating lodging businesses. The Concord Tourism Improvement District (CTID) was initially approved by the City in May 2013 and extended for a 10-year period as of June 1, 2018. Each year, the CTID is to provide an annual report outlining its work plan, past year’s budget, and accomplishments. The CTID Annual Management Plan Report (Attachment 1) is provided to the City Council for its review and acceptance.

Highlights of the 2023-2024 Annual Report are summarized HERE on the Visit Concord website. The 2023-2024 Year in Review Video is HERE.

Background
Tourism Improvement Districts (TID)
The Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., authorizes cities to establish property and business improvement districts for the purposes of promoting tourism. This law allows for the creation of a special benefit assessment district to raise funds within a specific geographic area. The key difference between TIDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TID. TIDs utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging and tourism-related business owners to consolidate efforts to increase tourism.

Tourism-related business owners within the TID fund the TID, and those funds are used to provide services and functions that benefit all TID members.

TID Benefits
• Funds cannot be diverted for other government programs; • Objectives are customized to fit the need of each destination; • Allows for a wide range of services, including marketing of the destination, tourism promotion activities, and sales lead generation;

• Designed, created, and governed by those who will pay the assessment; and • Provides a stable funding source for tourism promotion.

The current CTID was established in 2013 for a five-year term, beginning June 1, 2013 through May 31, 2018. The CTID was renewed for a 10 year period starting June 1, 2018 through May 30, 2028. Hotels located within the District with more than 30 rooms, presently and in the future (which includes the Concord Reuse Project Area), are included in CTID. The following hotels are part of the existing CTID:

Travelodge by Wyndham 3355 Clayton Road
Best Western Plus Heritage Inn 4600 Clayton Road
Clarion Hotel 1050 Burnett Avenue
Concord Plaza Hotel 45 John Glenn Drive
Days Inn Concord 5370 Clayton Road
Hilton Concord 1970 Diamond Boulevard
Motel 6 Concord 3606 Clayton Road
Premier Inns/E-Z 8 1581 Concord Avenue
Studio 6 Concord 1370 Monument Boulevard
Hampton Inn Concord 1785 Pine Street
Located in Northern California just 29 miles east of San Francisco, the background of stunning Mt. Diablo, open dining, outdoor shopping and plenty of live music led to increased journalist and influencer visits, articles written, website impressions and social media coverage. A combination of marketing co-ops with community and regional partners, tradeshows and large industry events keep the trusted position of Concord as a welcome, inclusive and diverse destination to explore.

Visit Concord leads a passionate path to develop and nurture our destination with new initiatives for our hotel partners and attractions in sensory training and accessibility, sustainability, and other target-engaging campaigns. Our advocacy efforts include regional and local tourism awareness to stimulate small group travel, create stewardship tools, and continue to entice travelers from all locales.

The Mt. Diablo Region Marketing Co-op continued to lead as the top room generating campaign to increase visibility and create hotel guest stays. The campaign revenue for this as part of a partnership with San Francsico Travel was $276,046.01 and booking 1748 room nights at 8 different hotels.

Analysis
2024-2025 Annual Management Plan Report
Each year, the CTID presents its Annual Management Plan Report, which includes the marketing plan budget for the year to the City Council for acceptance. The information shown below are key highlights from this year’s Annual Report; the complete document is included as Attachment 1.

Sales and Marketing
The CTID is designated as a sales and marketing program to promote assessed businesses as tourist, meeting and event destination; to increase room night sales for the ten participating Concord district hotels, and may include some the following activities (a list is included in Attachment 1):
• Online marketing efforts to increase awareness and optimize media presence via social media and digital content creation; • Building community partnerships to support local events highlights activities and create awareness of Concord to travelers for overnight lodging stays
• Digital and print advertisements in select publications targeting potential visitors;
• Media advertisements targeting potential visitors;
• Radio advertisements targeting potential visitors;
• Attendance at tourism-related trade shows;
• Continue to maximize relationship with Visit California, California Travel Association, San Francisco Travel and other regional Destination Marketing Organizations (DMOs);
• Sponsorship and promotion of events which attract overnight visitors such as concerts, niche and sporting events;
• Development of promotional materials such as digital and print brochures, flyers and maps.

CTID Budget
The CTID annual report shows the following revenue and expenditure from prior year and anticipated budget for the coming year:
2023-2024 Actuals
The projected 2023-2024 budget was $1,129,805 which was $ 762,000 in anticipated collections and $ 367,805 in carryover funds. Actual collections exceeded expectations, totaling $802,098.

Related Concord tourism facts from 2024. (Research conducted by Dean Runyan Associates. The Economic Impact of Travel in Concord, CA.)

Dean Runyan Table 2014-2024
• Travel spending in Concord increased 1.6% from $212.5 million in 2024 to $209.2 million in 2023
• Tax receipts generated by travel spending are up 4.1% compared to 2023 • Direct travel-generated earnings gained nearly $4 million, a 4.9% increase • Direct travel-generated employment gained approximately 90 jobs, an 4.3% increase in travel-generated employment
• The largest visitor spending gain occurred in Food Service – 1.9% modest increase over 2023 ($74.7 million in 2024 vs $73.3 million in 2023) • Visitors who stayed in a Hotel or motel contributed $74 million in spending increasing $3.5 million, an increase of 5%
• $2.5 Million collected from the hotels in Transient Oriented Tax (TOT) in 2024 a modest increase from 2023 from $2.3 million
• Concord had $29 Million in hotel sales revenue in 2024 • 264,622 rooms booked in 2024, a 2.5% increase from 2023 • Contra Costa County is down 1.7% in Direct Travel Spending from 2023; Earnings are down .1%; Employment is up 3.4%; Tax revenue is up 2.4%; it is interesting to note that “other travel” defined as transportation, air and convention services is down 30%.

Average Expenditures* from Overnight Visitors, 2024P

Additionally Visit Concord completed the following activities in Fiscal Year 2023- 2024:
• Partnered with JSX Airlines for Concord Sensory Kits on various routes to Burbank, Las Vegas and Orange County
• Hosted Contra Costa Bar Association Port Chicago Conference for 80Th Commemoration of Port Chicago Disaster
• Interviewed on “Zip Trip” partnering with City of Concord, Concord Chamber of Commerce
• Concord Digital Destination Guides sent out to qualified leads from Visit California’s viewership via reader service
• Articles published about Concord through publications, radio, TV and other media sources including Taco Challenge, Restaurant Bingo, Holiday Sip and Stroll • Over 1,000 community participants and over 75 local businesses participating challenges such as Taco Challenge, Restaurant Bingo and Holiday Sip and Stroll • 232,521 social media engagements
• 155,700K Website Sessions
• 60% avg. e-mail open rate
• Partnering with Steller, three campaigns had a goal of 2 million impressions and hit

3.4 million impressions publishing 41 posts. Visit Concord hosted influencers and content creators for food/drink & attractions such as Toyota Pavilion, Taco Challenge, Sensory and more. Total reach was 159.4 thousand with an average of 33.6 engagements. Total Video Views were 18,884.00 and 29 hours of total watch time. • Attended trade shows such as Cal SAE, Meeting Professionals International Northern California, and NorthStar meetings and conferences to promote Concord and Concord lodging properties
• 82 leads sent to the hotels for meetings and events
• 52 qualified tradeshow appointments
• Assisted with promotion of Creative Concord mural, arts & culture campaign

• Promoted Jazz Around Town, Concord Taco Trail, Contra Costa Beer Trail, Spring Brews, 4th of July, Mt. Diablo outdoor adventures through social and digital media channels for the destination, hotels, restaurant, attractions and amenities • Continued support to various Concord non-profit organizations through marketing and advertisement, board membership and/or volunteer opportunities • visitors came through the Concord Visitor Center, tripled expectations • 58 events held at the Visitor Center, engaged downtown businesses and residents • Advancement in DEI, Global Sustainability initiatives and certifications and continuing education with Events Industry Council Sustainability Certification achieved in 2024 60 key stakeholders attended the Annual Tourism Luncheon at the Hilton Concord and Veranda featuring Longport Fish, Creative Concord, Puesto, Doppio Zero, Enchroma Color-blind eyewear while dining and being entertained at Sip Wine Bar. 2024-2025 Projections
The cost of providing improvements and activities for fiscal year 2024-2025 is consistent with the CTID Management District Plan, which is essentially the governing document of how the CTID operates. The anticipated total budget for 2024-2025 is $ 785,000 in anticipated collections. Net assets, for a total budget of $ 1,152,805 Per the CTID contract (Attachment 1), all budget category allocations are within the authorized 15 percent adjustment of the total budget from the prior year.

CTID Operational Changes
The Concord Visitor Center is fully staffed under the CTID Board of Directors oversight.

The offices provide in-person service with 3 FT staff members in executive business development and office administration roles. The Concord Visitor Center provides:
• An elevated, informative experience for visitors and locals alike to understand all that the community.
• Pop-up shops highlighting local businesses and community organizations, culinary demonstrations, art installations, outdoor experiences, music and historic exhibits.
• Transportation information, discount offers, and ticket sales to local attractions. • Electronic information kiosk with self-service directory assistance and list of upcoming events.

• Conference area, charging stations and Wi-Fi connectivity. • Gathering space so visitors and local community members will be encouraged to participate in ongoing educational programs
• Volunteer opportunities to work in the Visitor Center as official Concord Welcome Ambassadors. NAMI volunteers and employees are currently volunteering with Visit Concord.
• Merchandise store to include Concord branded items, along with Concord non- profit partner merchandise.
• Outdoor garden sponsored by Home Depot and BSM Landscape. • Outdoor contemporary mural sponsored by Concord Art Association and created by Concord native muralist Arsenio Baca.

Attachment: Exhibit A – Concord Tourism Improvement District’s 2024-2025 Annual Management Plan Report

Concord Tourism Improvement District
2024-2025 Annual Management Plan Report
Submitted to the City of Concord pursuant to Streets and Highways Code section 36650, for the period from July 1, 2023 through June 30, 2025
Period July 1, 2024 – June 30, 2025
Attachment 3

Concord Tourism Improvement District
2024-2025 Annual Report
2 Contents
Boundaries 3
Improvements and Activities 4
Sales and Marketing 4
Administration and Operations 5
Collection Fee 5
Contingency/Renewal 5
Cost 5
2024-2025 Projections 5
2023-2024 Actuals 6
Assessment 6
Assessment 6
Delinquencies 7
Surplus and Other Funding 8
Surplus 8
Appendix – Assessed Businesses 9
May 2025
Prepared by
Visit
Concord

Concord Tourism Improvement District
2024-2025 Annual Report
3 Boundaries
There are no proposed changes to the boundaries. The CTID will include all lodging businesses with more than thirty (30) rooms, existing and in the future, available for public occupancy within the boundaries of the City of Concord and that portion of the County of Contra Costa bound by the Concord City limits and Interstate 680 and Highway 4, as shown on the map below.

As shown in the map below, the boundary currently includes 10 lodging businesses.

A list of lodging businesses within the renewed CTID is found in the Appendix.

Concord Tourism Improvement District
2024-2025 Annual Report
4 Improvements and Activities
The improvements and activities for 2025 are consistent with the Management District Plan.

The benchmark year for the lodging industry for occupancy, average daily rate, and revenue per available room was set in 2019. Post-pandemic assessments continue to improve as the meetings and events industry shows signs of rebounding but the economy and group- business recovery continues to be challenged in addition to workforce staffing issues in the hospitality industry.

Ongoing Campaigns and Initiatives
● 2024 & 2025 - Sharing Concord culture through: Restaurant Bingo, Port Chicago Weekend, Concord Taco Trail, Sip and Stroll and more
● 2024 & 2025 - Promote sensory accessible travel options in Concord hotels Sales and Marketing
● Online marketing efforts to increase awareness and optimize media presence; ● Building community partnerships to support local events, highlights activities and awareness of Concord to encourage travelers to stay in a Concord hotel; ● Digital and print ads in select publications targeting potential visitors; ● Enhance website with booking engine to increase awareness of Concord; ● Multi-media and radio ads targeted at potential visitors; ● Attendance at trade shows including Bay Area Travel Show, Elevate San Francisco, Destination California and others;
● Maximize marketing co-op relationships with regional Destination Marketing Organizations including Mt. Diablo Region;
● Maximize relationships with Visit California, California Hotel and Lodging Association, San Francisco Travel and CalTravel;
● Sponsorship and promotion of events which attract overnight visitors; ● Familiarization tours with planners, bloggers, and travel writers; ● Development of promotional materials such as digital and print brochures, flyers and maps;
● Develop and maintain relationships to promote diversity and inclusion; ● Promote sensory accessible travel through industry partnerships; ● Attendance at professional industry conferences and affiliation events; ● Education of hospitality staff on service, safety and marketing strategies designed to create a visitor experience that will bring repeat visits; ● Public and media outreach, pitching the Concord area for tourism opportunities; ● Promotion of Visitor Center to attract visitors to Concord; ● Create and promote event campaigns specific to the pillars of Concord Administration and Operations
The administrative and operations portion of the budget shall be utilized for

Concord Tourism Improvement District
2024-2025 Annual Report
5 administrative staffing costs, office costs, and other general administrative costs such as insurance, legal, and accounting fees.

Collection Fee
The City of Concord shall be paid a fee equal to one percent (1%) of the amount of assessment collected to cover its costs of collection and administration.

Contingency/Renewal
To ensure effective provision of services, a contingency will be established to account for uncollected assessments or unanticipated program costs. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration, or renewal costs at the discretion of Visit Concord. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of the reserve fund shall be set by Visit Concord. The reserve fund may be spent on programs described in this Plan in any proportion deemed appropriate by Visit Concord.

Cost
2024-2025 Projections
The cost of providing improvements and activities for 2024-2025 is consistent with the Management District Plan. The benchmark year for the lodging industry for occupancy, average daily rate, and revenue per available room was set in 2019.

The anticipated total budget for 2024-2025 is $ 785,000 in anticipated collections and $ 367,805 in net assets, for a total budget of $1,152,805. The categorical breakdown is below. All budget category allocations are within the authorized fifteen percent (15%) adjustment of the total budget from the prior year. The City fee shown in the table below is calculated only on collections and does not include the carryover amount.

Category % FY 24/25
Budgeted
$
%
Change
FY 23/24
Fund Balance
Total
Sales & Marketing 80.00% $628,000 - $367,805 $995,805
Administration 15.00% $117,750 - - $117,750
Contingency / Renewal 4.00% $31,400 - - $31,400
City Fee 1.00% $7,850 - - $7,850
Totals 100.00% $785,000 n/a $367,805 $1,152,805

Concord Tourism Improvement District
2024-2025 Annual Report
6 2023-2024 Actuals
The projected 2023-2024 budget was $1,129,805, which was $ 762,000 in anticipated collections and net assets of $ 367,805 in carryover funds. Actual collections totaled $802,098.

Budgeted and actual expenses were as shown below.

Category 2024 Budgeted 2024 Actual
% $ % $ Spent $ Carry Over
Sales & Marketing 80% $903,844 83% $976,961 $367,805
Administration 15% $169,471 13% $157,492 -
Contingency /
Renewal
4% $45,192 3% $30,666 -
City Fee
1% $11,298 1% $8,436 -
Totals 100.0% $1,129,805 100.0% $1,173,555 $367,805
Assessment
There is no change in the method and basis of levying the assessment.

Assessment
The annual assessment rate is three percent (3%) of gross short-term room rental revenue on lodging businesses. Based on the benefit received, assessments will not be collected on:

1. Stays for a period of 30 consecutive calendar days or more, counting portions of calendar days as full days; or

2. Stays by any federal or state officer or employee when on official business and when the stay is paid for directly by the United States government or the state. This does not include stays which are paid by the transient and later reimbursed by the entity; or

3. Stays by any officer or employee of a foreign government who is exempt from transient occupancy taxes by reason of express provisions of federal law or international treaty; or

4. Stays pursuant to written contracts executed prior to June 1, 2013. A reservation is not considered a written contract.

The term “gross short term room rental revenue” as used herein means: the consideration charged, whether or not received, for the occupancy of space in a lodging business valued in money, whether to be received in money, goods, labor,

Concord Tourism Improvement District
2024-2025 Annual Report
7 or otherwise, including all receipts, cash, credits, and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross short term room rental revenue shall not include any federal, state or local taxes collected, including but not limited to transient occupancy taxes. The assessment shall not be considered revenue for any purposes, including calculation of transient occupancy taxes.

The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to customers. The amount of assessment, if passed on to each customer, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each customer shall receive a receipt for payment from the business. The assessment shall be disclosed as the “Concord TID.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to customers.

Bonds shall not be issued.

Delinquencies
Original Delinquency
Any business which fails to remit any assessment due within the time required shall pay a penalty of ten percent (10%) of the amount of the assessment in addition to the assessment.

Continued Delinquency
Any business which fails to remit any delinquent assessment on or before a period of thirty (30) days following the date on which the assessment first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the assessment, in addition to the amount of the assessment and the ten percent (10%) penalty first imposed.

Fraud
If the City determines that the nonpayment of any assessment is due to fraud, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto, in addition to the penalties stated above.

Interest
In addition to the penalties imposed, any business which fails to remit any assessment due shall pay interest at the rate of one percent (1%) per month, or fraction thereof, on the amount of the assessment, exclusive of penalties, from the date on which the assessment first became delinquent, until paid.

Penalties Merged with Assessment
Every penalty imposed and such interest as accrues shall become a part of the

Concord Tourism Improvement District
2024-2025 Annual Report
8 assessment required to be paid.

Surplus and Other Funding
Surplus
The amount of surplus to be carried over from previous years is $367,805, of which $367,805 is attributed to sales and marketing programs.

Concord Tourism Improvement District
2024-2025 Annual Report
9 Appendix – Assessed Businesses
Business Name Address City, State, ZIP
Best Western Plus Heritage Inn 4600 Clayton Rd. Concord, CA 94521 Clarion Hotel 1050 Burnett Ave. Concord, CA 94520
Concord Plaza Hotel 45 John Glenn Dr. Concord, CA 94520 Days Inn Concord 5370 Clayton Rd. Concord, CA 94521
Hampton Inn 1791 Pine Street Concord, CA 94520
Hilton Concord 1970 Diamond Blvd. Concord, CA 94520
Motel 6 Concord 3606 Clayton Rd. Concord, CA 94521
Premier Inns/E-Z 8 1581 Concord Ave. Concord, CA 94520
Studio 6 Concord (Extended Stay) 1370 Monument Blvd. Concord, CA 94520 Travelodge 3555 Clayton Rd. Concord, CA 94519

Sales & Marketing Plan
2025-2026
Attachment 4

1 TOURISM

FORECAST
Sales & Marketing Plan 2025-2026
Welcome to Concord, where every moment is an adventure waiting to unfold!
As we reflect on the past year, it's evident that Concord has b ecome a
destination for travelers seeking vibrant experiences and cultural immersion. From lively concerts to tranquil parks, there's something for everyone to enjoy in our vibrant community.

The pulse of Concord beats with the rhythm of exploration, as travelers eagerly traverse its streets, savoring the flavors of local cuisine, delving into its rich history, and reveling in its abundant entertainment offerings.

Travelers are drawn to the authentic experiences and genuine hospitality Concord has to offer. Whether it's strolling through our historic downtown, admiring colorful murals, or embarking on a culinary adventure along our famed taco trails, visitors are captivated by Concord's unique allure.

Visit Concord’s team remains committed to providing top-notch hospitality, working closely with local partners to curate unforgettable experiences for our guests. From budget-friendly itineraries to accessible travel options to our "Accessible Concord" initiative, we strive to cater to the diverse needs of today's travelers. Concord's brand strengths and innovative spirit will continue to set us apart as a destination for travelers.

Concord is calling you now!

2 Sales & Marketing Plan 2025-2026
ABOUT

VISIT CONCORD
Visit Concord is the
brand identity of the
Concord Tourism
Improvement District,
which aims to
improve economic
growth in the region
by increasing
awareness and
promoting Concord as
a destination for
travelers and meeting
and event planners.

MISSION + VISION:

MISSION
To promote Concord by increasing
awareness and enhancing the
image of our city's distinct assets
and amenities
VISION
To be a premier destination
recognized for its accessible
outdoor adventures, local spirit,
and flavorful fare.

CORE VALUES:

PROGRESSIVE
Encourage growth and
development, embrace & drive
change

TEAMWORK
Build and nurture relationships,
embrace strong local support

RELATABILITY
Celebrate diversity, support
advocacy, contribute to the
community

SINCERITY
Produce meaningful work, create
value, be true to the destination
OUR ROLE:

Curator of Content
Tourism Data Facilitator
to Visitor Economy
Brand Ambassador to
Concord
Creator of tourism
demand for Concord
Driver of business to
hotel

3 Sales & Marketing Plan 2025-2026
Increase Competitiveness
Leverage assets and position the region as a multi-
dimensional suburban destination that is surrounded by
nature and filled with entertainment, community, and flavor.

Evolve efforts on accessibility and inclusivity opportunities for guests, lodging partners, and attractions.

Strengthen Community Relationships
Continue and maintain relationships with key stakeholders among residents and local business owners.

Develop brand ambassadors and online communities to
promote the unique offerings Concord has - outdoor
recreation, live entertainment & events, and diverse trails and tours.

Renew Efforts to Engage Business Travel
Invigorate existing business travel segments through strategic sales plans.

STRATEGIC PRIORITIES
& OPPORTUNITIES
GOALS
To build the perception of Concord as a premier destination that is surrounded by nature and a vibrant community.

To increase lodging bookings, visitor spending, and
community revenue.

To build awareness, interest, desire, and distribution for Concord.

To build communities and a narrative of Concord as an
exciting leisure destination that offers hyper-local authentic experiences and special events featuring food, music,
history, and outdoor recreation.

To increase collaboration and strengthen alliances within Concord to create communities that focus on the elements that make Concord a vibrant, multi-faceted destination.

4 T A R G E T

AUDIENCES

GEOGRAPHIC MARKETS
Sales & Marketing Plan 2025-2026
Northern California
(Sacramento, San
Francisco, Oakland, San
Jose)
Central Valley (Stockton,
Fresno, Modesto)
Leisure Traveler / Drive
Market
Families
Outdoor Enthusiasts
Southern California Road-
trippers
Accessible, Diverse, and
Inclusive Communities
Foodies
Music Lovers
Culture Cravers
Meeting + Events Planners
Small Meetings and
Associations up to 300
Residents and Local Business
Community
Brand Ambassadors
Buchanan Fields
Airport
Other Top Markets -
Reno, Los Angeles,
Chico Area

5 Sales & Marketing Plan 2025-2026

MARKETING

STRATEGY
Build Communities through Social Media and Digital Storytelling Social Media platforms provide an opportunity to connect with Concord residents and encourage them to share their passions in the destinations, from outdoor events to wine tasting. The local community will bolster these efforts and provide their expertise. Research from our partners at Visit California shows that promoting visitation through a local lens endears people to the destination and makes them feel a part of the fabric of the community, compelling them to visit and book stays.

Messaging Points
Outdoor enthusiasts
Entertainment goers
Breweries and wine-tasting
Local content creators
Special events - focus on bringing together families and friends into a sustainable and inclusive community
How to Connect
Focus on social media tools and channels that engage community members and connect them to Concord
Tell the stories of the local community that embodies the area's unique and local culture

6 Our primary goal is to implement a blend of digital
offerings with traditional media to reach a wide
variety of audiences and inspire travel to the
destination. Digital media will allow us to develop
a messaging targeted to the ideal personas
bringing them down the funnel from consideration
to activation. To reach these audiences, we target
behaviors that align with Visit Concord
experiences. Multiple tactics will be deployed to
track conversions, amplify reach, and explore
specific actions taken on the website giving us a
better sense of what visitors are looking for.

KPIs
Digital advertising impressions
Advertising clicks on website
Paid Media Click through rate
Media

PAID MEDIA
Visit Concord’s paid
media strategy across
a range of channels
that will target key
geographies and
audiences detailed in
this plan.

TACTICS
Programmatic Video Pre-roll and Display
Build awareness
Drive traffic to the site
Promote events
Market new and renovated lodging properties
Hyper-Local Business & Event Focus
Retargeting
Activation messaging for consumers that
have engaged with brand creative
Social Media
Specific platforms that speak to travelers and
share the story of Concord through ads
Google AdWords
Always-on channel to keep the destination
top of mind
Sales & Marketing Plan 2025-2026 Page 28 of 64
7 Participate in opportunities
with partners
BARTable
Buchanan
Field Airport
City of
Concord
Concord
Chamber of
Commerce
Concord Art
Association
Concord
Historical
Society
Contra Costa
County
Diablo
Magazine
Diablo Gazette
East Bay
Economic
Development
Alliance
East Bay
Leadership
Council
East Bay
Regional Parks
Mt. Diablo
Hospitality
Alliance
Mt. Diablo
Region
Mt. Diablo State
Park
Pacific Service
Credit Union
EARNED

STRATEGY
Sales & Marketing Plan 2025-2026
We will position Concord as a desirable travel
destination for leisure, meetings, and events.

Proactively fostering media stories in regional and
local publications, Concord will leverage
partnerships to maximize the reach of marketing
dollars with a focus on promoting visitation.

TACTICS
2) Host Press Trips
Domestic media or social media influencers
San Francisco Bay Area Region
Visit California - IMM, Media Co-ops
1) Develop new story pitches for content
submissions/pitches to industry partners
Celebrating Local Art, History, and Culture
(Creative Concord, Concord Art Association,
Port Chicago)
Encourage experiencing our unique outdoor
offerings (Mt Diablo, Thurgood Marshall Park,
Todos Santos, East Bay Regional Park District,
City of Concord Parks, Markham Arboretum)
Experience the diverse food offerings (Taco
Trail, Park n Shop, Concord Eats)
Engage with the thriving music Scene (Music
and Market, Pavilion, Gratitude)
Take advantage of our amazing location
(Bartable, Drive Market)
Take the family out for a fun time (Hurricane
Harbor, Local Parks, Shopping,
Sensory/accessible)
3) Create press releases for demand
driver events throughout the year
Hyper-local focus on businesses,
experiences, and activities with documentary-
style storytelling
.
4) Partner Engagement
Engage with the local community and build
relationships between residents and tourism
efforts
Create a presentation to “take on the road” to
various local groups - city council, chamber of
commerce, service clubs, TSBA, etc.

We will be reactive to any media opportunities with
our partners, expanding and engaging on these
connections. By seeking out opportunities to utilize
social media and influencer partnerships, we will
incorporate a storytelling component to motivate
visitors and encourage stays.

Save Mt. Diablo
Six Flags
Hurricane
Harbor
Sunvalley
Shopping
Center
The Veranda
The Willows
TSBA
Various local
festivals, events
and businesses
Port Chicago
Alliance
Concord
Communities

8 Create a Content Action Plan based on key pillars
Share marketing campaign throughout social channels
Utilize tone sheet to enhance brand voice and tailor
consistent captions
Include a mix of user-generated content, videos, and
high-quality images
Tag businesses in each post across all social media
platforms
Connect with top local creators for assets and
destination stories
Include IG brand hashtags and trending hashtags that
are relevant to the content
Include links to the Visit Concord website in Facebook
and Twitter posts
Social monitoring: respond to comments, like and
share tagged posts on stories
Sales & Marketing Plan 2025-2026
OWNED

STRATEGY
Visit Concord will continue to
connect and engage with a range of
audiences by developing original
and personalized content to be
distributed via owned channels. A
consistent tone, voice, and brand
aesthetic across the website, social
media platforms, and e-newsletter
will help tell the destination’s story
to a variety of visitors. By creating a
cohesive content strategy, we will
deploy messaging across all owned
touchpoints that informs and
inspires.

TACTICS
Roll-out AI-powered Chatbot
Add and promote the website booking engine
Include diverse and inclusive images and language
Post two new and two refreshed blogs per month
Continual update to existing itineraries, blogs, and
website copy
E-newsletter sent monthly
Subscriber segmentation for specific promotions
(Taco Trail, Sensory/Accessible, etc.)
“Can't-Miss” List in the summer months
Promote e-newsletter sign-ups at local events, on
social media, and on website pop-up
The “forward to a friend” option in monthly newsletters Website
E-Newsletters
Social Media
KPIs
Secure high-value media coverage
Book Influencer events/FAMs
Create Story Placements
Track Digital Story Reach
Facilitate Media Requests

MARKETING KPIs
Maintain consistent email subscriptions and open
rate
Target annual website sessions to 360K
Increase time on site by 10%
Increase Instagram followers and engagement by
10%
Increase Facebook fans and engagement by 10%
Increase LinkedIn followers and engagement by
10%
OWNED

STRATEGY
Maximize visitor experience
Visitor engagement (maps, guides, etc.)
Pop-up events
Merchandise sales
Business development
Experiential classes and tours
4,000
10 $4,300
Annual Visitor
Attendance
Events per year
Annual
Merchandise and
Advertising Sales

CONTINUED
VISITOR CENTER KPIs
9Sales & Marketing Plan 2025-2026

Event Date
Port Chicago
Commemoration July
Taco Challenge September
Concord Arts Association November
Small Business Saturday November
Sip N Stroll / TSBA December
Restaurant Bingo April
Concord Arts Association May
Pavilion Pop Up May
10 Sales & Marketing Plan 2025-2026
Calendar

Tradeshow Location
CALSAE Seasonal Sacramento, CA
MPI Convene Los Angeles, CA
MPINCC Lafayette, CA
All Things Meetings San Ramon, CA
Destination California San Diego, CA
Connect Los Angeles, CA
CHLA Trends + Insights Huntington Beach, CA
Cal SAE Elevate TBD
Outlook Forum TBD
11Sales & Marketing Plan 2025-2026

SALES & MEETING OUTREACH
By leveraging current partnerships and participating in industr y events, we will gain exposure and
extend the reach of Concord as an ideal location for hosting groups. Fostering relationships with key stakeholders and promoting our carefully crafted planning resources will set us up for success.

TACTICS
Investigate the Tourism & Bus market
S.M.E.R.F. with focus on Military Reunion
Market (Social Military Educational Religious
Fraternal)
Small Meeting
Sports Markets
Associations
Develop marketing programs that target
meeting and event planners
Participate in trade shows and events that
target meeting planners, businesses, and
associations
Connect and participate with professional
organizations
California Society of Assn. Executives
Meeting Planners Intl. NCC and SSN
California Hotel Lodging Association
Professional Convention Management
Association (PCMA)
KPIs
Total Number of meetings booked
Total Number of Requests for Proposals
Total Number of leads
shared/generated with Concord lodging
partners and venues
2025-26 TRADESHOW & INDUSTRY

SAMPLE CALENDAR
Visit Concord will promote our
unique meeting and event
venues creating demand for
overnight visitation and year-
round stays

Tradeshow Location
Destinations International Chicago, IL
CAL Travel North Lake Tahoe,
CA
Travelability Sun River, OR
Bay Area Travel Show Santa Clara, CA
CHLA Insights + Trends Huntington Beach,
CA
12 Sales & Marketing Plan 2025-2026
Tradeshow & Industry
Conference Calendar

TACTICS
Collaboration with
professional industry
associations

California Hotel & Lodging
Association
Cal Travel Association
DMA West
Public Relations Society of
America
US Travel / ESTO
Bay Area Travel Writers
Mount Diablo Regional
Marketing Co-op
San Francisco Travel
Travel Unity
Visit California
Destination International
California Travel Alliance
DMO Alliance
IFWTWA
2025-26 TRADESHOW & INDUSTRY

CONFERENCE CALENDAR
Visit Concord will continue
to promote and market in
the meeting and event
space, inspiring overnight
stays year-round.

13 BOARD OF DIRECTORS &

VISIT CONCORD STAFF
Sales & Marketing Plan 2025-2026
BOARD OF DIRECTORS 2024-2025

VISIT CONCORD STAFF
Katrina Schuchart
Board Chair
Six Flags
Hurricane Harbor
Andrea Hennings
Vice Chair/Int. Treasurer
Down to the Details
Guy Bjerke
City of Concord
Scott Fleming
Hilton Concord
Beth Javens, Executive Director
Russ Emerson, Director of Sales
Maggie Ferraro, Office
Administration
Paul Gaines
Hampton Inn
Kerri Harris-Gay
Concord Plaza

VisitConcordCA.com • @VisitConcordCA

VISIT CONCORD
UPDATE
Beth Javens, Executive Director
City of Concord
City Council Meeting
June 2025 Page 37 of 64
Branding and Marketing Pillars
Sales and Business Development
Industry Forecast-SF, East Bay
Travel Demand
Occupancy
Campaigns
Marketing
2 Visit Concord Overview
Travel & Lodging Industry News

3 Branding and Pillars
● Location-NorCAL Central CAL
● Families-Hurricane Harbor, Local Parks
● Outdoor-Mt. Diablo, Concord Parks
● Food and Beer-Taco, Brews Hyperlocal and Formula
● Music-Pavilion, Jazz Roots, Todos Santos, Local Music Scene ● Culture-History Art, Murals, Utility Boxes, creators CHS, Port Chicago

4 Sales & Business Development
Campaign with Orange142
● Demographic
○ Target planners looking to plan up to mid-sized meetings. Target planner with less than 250 attendees for the corporate, association, SMERF markets.
○ Small event planning –
○ Family & class reunion
○ Religion/Faith
○ Hobby/Association
● Geographic: Surrounding regions – Western States
● Campaign ran Nov. 24-May 25
● 2nd campaign/retarget TBD on budget allocation

5 Sales Presentation
Market Analysis
Visit Concord SWOT
Strengths
- Cost slightly more affordable
than parts of the Bay Area.
- Location in greater Bay Area.

Opportunities
- Location
- Sm/Med biz targets
- SMERF
- Control
- Live Nation
Weaknesses
- Competitive in immediate
geography
- Lower amount of attractions
- Budget
- Lack of 300+ rooms
Threats
- Lack of Awareness
- Lack of on par budget for
similar size cities
- Economy/Inflation

Orange 142 Overview
6

7 SF Travel Convention Calendar-sample
This convention calendar lists meetings with a minimum of 100 attendees and 50 rooms on peak night AVEVA World 2025
AVEVA
Apr 7, 2025 - Apr 10, 2025
Data + AI Summit 2025
Databricks, Inc.

Jun 9, 2025 - Jun 12, 2025
AAJ 2025 Annual Convention
American Association for Justice
Jul 19, 2025 - Jul 21, 2025
RSAC 2025
RSA Conference LLC
Apr 28, 2025 - May 1, 2025
2025 International Microwave Symposium
IEEE / Microwave Theory and Techniques Society
Jun 13, 2025 - Jun 20, 2025
World Transplant Congress 2025
American Transplant Congress
Aug 2, 2025 - Aug 6, 2025
Config 2025
Figma, Inc.

May 7, 2025 - May 8, 2025
2025 IEEE Design Automation Conference (DAC)
IEEE-Institute of Electrical & Electronics Engineers
Jun 22, 2025 - Jun 25, 2025
Inbound 2025
HubSpot
Sep 3, 2025 - Sep 5, 2025
Sessions 2025
Stripe, Inc.

May 7, 2025 - May 8, 2025
ENDO 2025
Endocrine Society
Jul 12, 2025 - Jul 15, 2025
ASTC Annual Meeting 2025
Association of Science-Technology Centers, Inc
Sep 5, 2025 - Sep 8, 2025
ATS International Conference 2025
American Thoracic Society
May 16, 2025 - May 21, 2025
Global Conference 2025 RFP
Team Worldwide
Jul 17, 2025 - Jul 20, 2025
PECARN Fall Meeting- UH Rainbow Babies &
Children’s Hospital
University Hospitals | Rainbow Babies & Children’s
Hospital
Sep 15, 2025 - Sep 19, 2025
Snowflake Summit 2025
Snowflake
Jun 2, 2025 - Jun 5, 2025
NCCHC Correctional Mental Health Conferences for July
2025
National Commission on Correctional Health Care
Jul 17, 2025 - Jul 22, 2025
Laver Cup Sporting Event 2025 Official
Laver Cup
Sep 19, 2025 - Sep 21, 2025

8 INDUSTRY UPDATES

9 SF Travel Summit
● New CEO appointed
● SF 2024 out of West Coast rotation - rooms down
● Recovery not expected until after 2028
● 2026 Sports Tourism to include FIFA & Super Bowl to drive an additional 400,000 room nights & $630,000,000 spend.
● Market Analysis Upper Upscale segment up; Napa Leads ADR at $410 per night, average
● Oakland, Berkeley, Hayward down
● Some group and transient selecting value markets like Oakland. ● COSTAR merge with STR - new dashboard increase in subscription, more real time data ● 40% of Expedia travelers indicated they would travel for a concert. ● Expedia is launching an Expedia Shop for influencers and ROMIE (a personalized AI travel planner); upgraded their mobile & tablet functions. Page 45 of 64 Performance
Steller Influencer Campaigns-Food, Art, Music
Showing the best performing posts of top 3 influencers in the campaign 08/24/24
Henry Wu • San
Francisco Travel + L...
83 200
43 10/16/24
Chelsea Davis | SF
Food, Fun & Trav...
65 168
33 08/28/24
Steller Destinations
68 33
6 10

Steller App Content: 3 Moments & 1 Trip
Itinerary with 6 Points of Interest
Henry Wu • San Francisco Travel + Lifestyle
11

Chelsea Davis | SF Food, Fun & Travel
10/18/24
Scenes from Downtown
Concord’s creativeconcord
— an
annual arts, culture & music festiva...
133
12 278
Did you know that Concord has 18
larger than life murals spread
throughout downtown?
I ...
168
33 453
4 1
13 Posts
10/16/24 10/06/24 10/06/24
link0
link1
12

Visit California Media Reception - LA
13

● Media Reception

2024-2025 To Date
● 3000+ Visitors to Visitor Center
● 22 Events and booths
● 60%+ average email open rate
● $4000+ merchandise
● 18 Tradeshows, Conferences,
Regional (Sales/Leisure)
15

Amazing
Events

17 Events
Restaurant BINGO 24 participating restaurants, 500 cards distributed & just under 100 turned in.

Pet Costume Photo Day sponsored by SAGE Veterinary
Holiday Sip N Stroll - Bigger outcome vs LY
● 15 Participating Businesses
● Total Tickets Sold: 334
● Total Sales: $7,525.88 - $4,000 to TSBA = $3,525.88
Taco Trail Challenge
● 14 completed cards turned in;
● Chamber Mixer
Jazz Around Town
● 2 total events
Pop-Up Galleries
● Port Chicago
Newsletter Analytics
● Total of 91,686 emails sent
● Average Open Rate: 62%
● Average Click Rate: 8%
Visit Concord Sales
● Total 2024 Sales: $4,664.50
● Top Selling Merchandise: Gummies & Tie-Dye T-Shirt

Restaurant Bingo
● 24 businesses participated
● 1 Grand Prize Winners of raffles
and prizes
● All participants received reusable
utensils
● Gift cards and certificates were
awarded from various businesses
● Economic impact to City of
Concord Small businesses over
100 visits

Taco Trail Challenge
Winners
10 Completed
Cards
Fan Fav Taqueria
Los Portales

Taco,
Influencer Swag Boxes to alert them of
Taco Challenge
Influencer Campaigns with Puesto and
Hilton
Ernesto Hernandez, from Mexico, shares
the stories behind authentic dishes
showcasing regional flavors.

Winners of the participants and the
business owner received coveted Taco
Trophy

Port Chicago Commemoration
● Sponsored Hilton Contra Costa Bar Association Panel @ Hilton ● Reception with Secretary of the Navy Carlos Del Toro
● Port Chicago Pop-up and Reception

Creative Concord
● Celebration in the Park (booth, kids
table)
● Pop-up Gallery
● Beer Label Promotion with Side Gate
and Epidemic Ales

Holiday Sip n Stroll
● 20 restaurants participated
● 350 ppl paid attendance
● Donations to TSBA

Local Participation
● Festival Latino
● Juneteenth
● Creative Concord
● Spring Brews
● Farmer’s Market

E-Newsletter Results
25 Pet Costume
Open Rate 60%
Click Rate 6%
Taco Trail
Open Rate 62%
Click Rate 8%
Last Push Taco
Open Rate 62%
Click Rate 6%

26 Sensory Practice Stays, JSX partnership
● 150 room nights fulfilled
● Hilton/Chik-Fil-A-Event
● Concord Plaza Event
● Sensory Santa
● Sensory Bunny
● Mock Boarding
● Kits to JSX

JSX Kits for Sensory
27 - Planes
- Terminals
- Concord & Oakland Airport

Thank You
Beth Javens
[email protected]
VisitConcordCA.com

Staff Report
Date: June 10, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Kit P. Jory Sr, Public Works Division Manager [email protected]
(925) 671-3385
Subject: Considering adoption of four Resolutions confirming the annual Engineer’s Report and Assessment Diagrams for levies and assessments for the Downtown Landscape Maintenance
District, Pine Hollow Landscape & Lighting District, Landscape & Lighting District No. 3, and the Citywide Street Lighting Assessment District for Fiscal Year 2025-26, and directing the City Clerk to file a certified copy with the Contra Costa County Auditor-Controller.

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

Report in Brief
With this Public Hearing, the City Council will continue the process required by the Landscaping and Lighting Act of 1972 and Proposition 218, to reconfirm the four Landscaping and Lighting Maintenance Districts (LLAD) administered by the City for Fiscal Year 2025-26.

Recommended Action
Hold a public hearing and adopt four resolutions confirming the assessments identified in the annual Engineers Report and Assessment Diagram for the Downtown Landscape Maintenance District, Pine Hollow Landscape & Lighting District, Landscape & Lighting District No. 3, and the Citywide Street Lighting Assessment District for Fiscal Year

6.a6.a6.a6.a6.a6.a6.a6.a6.a6.a

City Council Agenda Report
Agenda Item No. 6.a
June 10, 2025
2025- 26, and direct the Clerk to file a certified copy with the Contra Costa County Auditor- Controller.

Background
On April 22, 2025, the City Council completed the first required Council action in the multi-step LLAD process by adopting resolutions ordering the preparation of the Engineer’s Reports for the levy of annual assessments for the Downtown Landscape Maintenance District, the Pine Hollow Landscape and Lighting Maintenance District, the Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District (collectively the “Districts”). The purpose of the Preliminary Engineer’s Report is to provide a public document that delineates the improvements expected to be installed or maintained by the assessment district, describes the methods used by the Assessment District Engineer to determine the level of benefit received by each parcel in the district, and provides proposed assessment amounts for each parcel.

On May 13, 2025, the City Council completed the second required Council action by adopting resolutions preliminarily approving the Engineer’s Reports, declaring the City Council’s intention to order improvements for FY 2025-26 and setting a public hearing for June 10, 2025, for each LLAD.

Analysis
The subject Districts are not required to comply with Proposition 218 balloting requirements unless the assessments are projected to be increased beyond the voter approved assessments, excluding any approved consumer price index (CPI) increase or mathematical formula that was approved by voters. City staff have determined that it is not necessary to increase the assessments for FY 2025-26 beyond any previously approved CPI index calculation increase; therefore, a Proposition 218 vote is not required.

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

As mentioned above, the City Council set a public hearing date of June 10, 2025 ,which will be held in the City of Concord Council Chamber at 1950 Parkside Drive. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the levy of assessments as originally proposed or modified unless a majority protest exists.

Upon final adoption, the Districts will be reconfirmed for FY 2025-26 and the assessment amounts will be posted to the County tax rolls. These assessments will appear as a separate item on the property tax bill for each parcel.

City Council Agenda Report
Agenda Item No. 6.a
June 10, 2025
The Districts provide landscape and/or lighting maintenance services in the following six areas of Concord:
• Downtown Landscape Maintenance District
• Pine Hollow Landscape Maintenance District
• Kirkwood Landscape Maintenance District
• Ygnacio Woods Landscape Maintenance District
• Balhan Terrace Maintenance District
• Valley Terrace Maintenance District
In addition, there is a citywide District for streetlights, known as the Citywide Street Lighting Assessment District. Separate financial plans were developed for the Citywide Street Lighting, Downtown, and Pine Hollow Districts.

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

Downtown Landscape Maintenance District:

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

The Downtown Maintenance District provides all landscape services for the Central Concord area, including Todos Santos Plaza and median islands on Willow Pass Road (between East Street and Contra Costa Boulevard), Concord Avenue and Market Street. A mix of City employees and a professional landscaping firm provide all maintenance services charged to the District. The estimated cost of the landscape maintenance contract for FY 2025/26 is $689,003 with the total expenditures including utilities, capital reserves, administration, engineering services and fixed charges estimated at $1,100,709.

City Council Agenda Report
Agenda Item No. 6.a
June 10, 2025
A successful Proposition 218 election was conducted in FY 2006/07 to increase the annual assessments beginning in FY 2007/08. This election also included an automatic inflation factor to ensure the long-term solvency of the District. The District is still supported by General Fund monies for City-provided administrative support and general services.

Pine Hollow Landscape Maintenance District:

The Pine Hollow Landscape Maintenance District provides all landscape services on the south side of Pine Hollow Road, east of Ygnacio Valley Road, between the PG&E substation and Rolling Woods Way, including landscaping up to Crystyl Ranch. All of the landscape services charged to the Pine Hollow District are provided through a contract managed by the Public Works Department. The estimated cost of the landscape maintenance contract for FY 2025/26 is $100,000 with the total expenditures including utilities, capital reserves, administration, engineering services and fixed charges estimated at $158,452.

Landscaping and Lighting District No. 3:

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

Kirkwood, Ygnacio Woods, Balhan Terrace, and Valley Terrace. With the exception of Ygnacio Woods, all other landscape services charged to the combined District No. 3 are provided through a contract managed by the Public Works Department. City employees provide landscape services for Ygnacio Woods. A capital replacement reserve budget appropriation of $10,470 occurs each year to avoid a fund balance deficit. Once firmly established, this reserve will allow planning for upgrading and replacement of older technology sprinkler systems, landscape features, or other capital items approaching the end of their useful life.

Currently, landscaping in Kirkwood is provided by a private contractor and managed by the Public Works Department. The estimated cost of landscape maintenance for FY 2025/26 is $108,862. This will be the 20th year of automatic CPI inflation increases for the Ygnacio Woods assessments, following the successful Proposition 218 election in FY 2004/05. Ygnacio Woods landscaping maintenance cost for FY 2025/26 is estimated at $37,515.

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

Citywide Street Lighting District:

The Concord Citywide Street Lighting Assessment District was formed in FY 1988/89 for the purpose of funding the installation, maintenance and servicing of public lighting facilities in public places within the district. The district includes all parcels of land within

City Council Agenda Report
Agenda Item No. 6.a
June 10, 2025
the incorporated limits of the City of Concord that benefit from existing or newly installed streetlights. The total assessment is divided among the parcels of land in proportion to the estimated benefits to be received by that parcel.

Improvements within this district generally consist of the installation, maintenance, and servicing of public lighting facilities in public places within the district. Public lighting facilities consist of pole mounted streetlights within the public right-of-way and public parking areas in the City of Concord. Lighting facilities are intended to provide safety, security, and convenience for residents, businesses, autos and pedestrians. The Citywide Street Lighting Assessment District is maintained by City staff and provides street lighting services including electrical costs, street light repair and replacement, capital improvements, and Assessment District proceedings. The estimated cost of the electricity for the Citywide Street Lighting Assessment District for FY 2025/26 is $955,200 with total expenditures including utilities, consultation services, administration, engineering services, debt service, and fixed charges estimated at $1,676,965.

District Assessments:

With the exception of the inflationary increases in the Downtown Landscape Maintenance District and the Ygnacio Woods Benefit Zone of District No. 3, the assessment rates in all districts remain unchanged for FY 2025/26. The assessed amounts pay for the following assessment district costs: landscape maintenance, water, electricity, non-scheduled repairs, contingency, and assessment district administration expenses:

Downtown Landscape Maintenance District
FY 2024/25
Assessment
FY 2025/26
Proposed
Downtown $496,995 $510,438
Pine Hollow Landscape Maintenance District
FY 2024/25
Assessment
FY 2025/26
Proposed
Pine Hollow $61,755 $61,755
Landscaping & Lighting Maintenance District No. 3
FY 2024/25
Assessment
FY 2025/26
Proposed
Kirkwood $19,020 $19,020
Ygancio Woods $11,890 $12,212
*Balhan $0 $0
*Valley Terrace $0 $0
*Funded through State of California Tax Augementation
Citywide Street Lighting Assessment District
FY 2024/25
Assessment
FY 2025/26
Proposed
Citywide $1,047,535 $1,047,535

City Council Agenda Report
Agenda Item No. 6.a
June 10, 2025
Financial Impact
Landscape District budgets are separate from the City’s General Fund. Assessments are collected to finance the maintenance of the districts. The Public Works Department costs for labor and materials associated with the Ygnacio Woods Benefit Zone, the Downtown Maintenance District, and the Citywide Street Lighting Assessment District are charged to the individual district budgets.

Public Contact
Each year the City invites property owners within the assessment districts to attend and participate in a community meeting. A community meeting via Zoom was held on April 23, 2025. In accordance with the requirements of the Landscaping and Lighting Act of 1972, a Public Hearing Notice was published at least 10 days prior to the scheduled Public Hearing. The City Council agenda was posted.

Attachments

1. Resolution – Downtown Landscape Maintenance District

2. Resolution – Pine Hollow Estates Landscape and Lighting District

3. Resolution – Landscape & Lighting District No. 3

4. Resolution – Citywide Lighting Assessment Maintenance District

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

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

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

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

9. Final Assessment Roll – Citywide Lighting Assessment Maintenance District

Res No. 25-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Confirming the Assessment Diagram and
Levy of Assessments for Maintenance within the
Downtown Landscape Maintenance District for Fiscal
Year 2025/26
Resolution No. 25-XX
/
WHEREAS, the City Council, by Resolution No. 84-73, established the Downtown Landscape Maintenance District pursuant to the provisions of the Streets and Highways Code Section 22500, et seq. of the Landscape and Lighting Act of 1972; and
WHEREAS, the City Council, at its regular meeting on April 22, 2025, adopted Resolution No. 25-10, ordering the preparation of an Engineer’s report for the Downtown Landscape Maintenance District; and
WHEREAS, the City Council, at its regular meeting on May 13, 2025, adopted Resolution No. 25-15 accepting the Preliminary Engineer’s Report; and
WHEREAS, the City Council, at its regular meeting on May 13, 2025, also adopted Resolution No. 25-19 setting forth the Council’s intention to levy and collect assessments, and set a public hearing to be held on June 10, 2025, for receiving public testimony, confirming the Assessment Diagram, and levying assessments; and
WHEREAS, the City Council, at its public hearing on June 10, 2025, received public testimony and upon conclusion of the public hearing, the Council considered all oral statements and written protests made or filed by any interested person.

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

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

Res No. 25-XX 2
Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, the Amendment is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that these activities may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 2. Confirms the assessments for the Downtown Landscape Maintenance District as identified in the Engineer’s Report and Assessment Diagram of the area to be assessed and levies the assessment for the 2025/2026 fiscal year.

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

Section 4. This resolution shall become effective immediately upon its passage and adoption. //
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Res No. 25-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on June 10, 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 June 10, 2025.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Res No. 25-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Confirming the Assessment Diagram and
Levy of Assessments for Maintenance within the Pine
Hollow Estates Landscape and Lighting Maintenance
District for Fiscal Year 2025/26
Resolution No. 25-XX
/
WHEREAS, the City Council, by Resolution No. 85-15, established the Pine Hollow Landscape Maintenance District pursuant to the provisions of the Streets and Highways Code Section 22500, et seq. of the Landscape and Lighting Act of 1972; and WHEREAS, the City Council, at its regular meeting on April 22, 2025, adopted Resolution No. 25-11, ordering the preparation of an Engineer’s report for the Pine Hollow Landscape Maintenance District; and
WHEREAS, the City Council, at its regular meeting on May 13, 2025, adopted Resolution No. 25-16 accepting the Preliminary Engineer’s Report; and
WHEREAS, the City Council, at its regular meeting on May 13, 2025, also adopted Resolution No. 25-20 setting forth the Council’s intention to levy and collect assessments, and set a public hearing to be held on June 10, 2025, for receiving public testimony, confirming the Assessment Diagram, and levying assessments; and
WHEREAS, the City Council, at its public hearing on June 10, 2025, received public testimony and upon conclusion of the public hearing, the Council considered all oral statements and written protests made or filed by any interested person.

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

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

Res No. 25-XX 2
Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, the Amendment is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that these activities may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 2. Confirms the assessments for the Pine Hollow Landscape Maintenance District as identified in the Engineer’s Report and Assessment Diagram of the area to be assessed and levies the assessment for the 2025/26 fiscal year.

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

Section 4. This resolution shall become effective immediately upon its passage and adoption. //
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Res No. 25-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on June 10, 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 June 10, 2025.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Res No. 25-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Confirming the Assessment Diagram and
Levy of Assessments for Maintenance within the
Landscape and Lighting Maintenance District No. 3 for
Fiscal Year 2025/26
Resolution No. 25-XX
/
WHEREAS, the City Council, by Resolution No. 79-6202, established the Landscape and Lighting Maintenance District No. 3 pursuant to the provisions of the Streets and Highways Code Section 22500, et seq. of the Landscape and Lighting Act of 1972; and WHEREAS, the City Council, at its regular meeting on April 22, 2025, adopted Resolution No. 25-12, ordering the preparation of an Engineer’s report for the Landscape and Lighting Maintenance District No. 3; and
WHEREAS, the City Council, at its regular meeting on May 13, 2025, adopted Resolution No. 25-17 accepting said Preliminary Engineer’s Report; and WHEREAS, the City Council, at its regular meeting on May 13, 2025, also adopted Resolution No. 25-21 setting forth the Council’s intention to levy and collect assessments, and set a public hearing to be held on June 10, 2025, for receiving public testimony, confirming the Assessment Diagram, and levying assessments; and
WHEREAS, the City Council, at its public hearing on June 10, 2025, received public testimony and upon conclusion of the public hearing, the Council considered all oral statements and written protests made or filed by any interested person.

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

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

Res No. 25-XX 2
Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, the Amendment is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that these activities may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 2. Confirms the assessments for the Landscape and Lighting Maintenance District No. 3 as identified in the Engineer’s Report and Assessment Diagram of the area to be assessed and levies the assessment for the 2025/2026 fiscal year.

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

Section 4. This resolution shall become effective immediately upon its passage and adoption. //
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Res No. 25-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on June 10, 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 June 10, 2025.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Res No. 25-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Confirming Assessment Diagram and
Levy of Assessments for Maintenance within the
Citywide Street Lighting Assessment District for Fiscal Year 2025/26
Resolution No. 25-XX
/
WHEREAS, the City Council, by Resolution No. 88-46, established the Citywide Street Lighting Assessment District pursuant to the provisions of the Streets and Highways Code Section 22500, et seq. of the Landscape and Lighting Act of 1972; and WHEREAS, the City Council, at its regular meeting on April 22, 2025, adopted Resolution No. 25-13, ordering the preparation of an Engineer’s report for the Citywide Street Lighting Assessment District; and
WHEREAS, the City Council, at its regular meeting on May 13, 2025, adopted Resolution No. 25-18 accepting said Preliminary Engineer’s Report; and WHEREAS, the City Council, at its regular meeting on May 13, 2025, also adopted Resolution No. 25-22 setting forth the Council’s intention to levy and collect assessments, and set a public hearing to be held on June 10, 2025, for receiving public testimony, confirming the Assessment Diagram, and levying assessments; and
WHEREAS, the City Council, at its public hearing on June 10, 2025, received public testimony and upon conclusion of the public hearing, the Council considered all oral statements and written protests made or filed by any interested person.

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

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

Res No. 25-XX 2
Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, the Amendment is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that these activities may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 2. Confirms the assessments for the Citywide Street Lighting Assessment District as identified in the Engineer’s Report and Assessment Diagram of the area to be assessed and levies the assessment for the 2025/2026 fiscal year.

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

Section 4. This resolution shall become effective immediately upon its passage and adoption. //
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Res No. 25-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on June 10, 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 June 10, 2025.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

City of Concord
Downtown Landscape
Maintenance District
Fiscal Year 2025-26
Final Engineer’s Report
June 10, 2025
Attachment 5

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Table of Contents

i

TABLE OF CONTENTS

Page No.

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

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

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

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

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

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

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

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

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

Appendix “A” – Fiscal Year 2025-26 Assessment Roll

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Council Members & City Staff

ii

CITY COUNCIL MEMBERS AND CITY STAFF

Carlyn Obringer
Mayor

Laura Nakamura
Vice Mayor
Dominic Aliano
Council Member

Pablo Benavente
Council Member
Laura Hoffmeister
Council Member

Valerie Barone
City Manager

Susanne Brown
City Attorney
Joelle Fockler
City Clerk

Francisco & Associates
Assessment Engineer

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Signatures

iii
ENGINEER’S REPORT

CITY OF CONCORD

DOWNTOWN

LANDSCAPE MAINTENANCE DISTRICT

Fiscal Year 2025-26

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

Dated: May 21, 2025 Engineer of Work

____________________________
Eduardo R. Espinoza, P. E.

R.C.E. No. 83709

I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed with me on the ________ day of ____, 2025.

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

I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram thereto attached, was approved, and confirmed by the Council of the City of Concord, Contra Costa County, California, on the _________ day of ____, 2025.

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

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section I – Introduction

1 SECTION I

INTRODUCTION

ENGINEER’S REPORT

CITY OF CONCORD

DOWNTOWN LANDSCAPE MAINTENANCE DISTRICT

FISCAL YEAR 2025-26

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

In 1996, the California electorate approved Proposition 218 entitled "Right to Vote on
Taxes Act", which added Articles XIIIC and XIIID to the California Constitution .

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

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

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section I – Introduction

2 In 2005, a detailed property assessment study was completed which identified that in future years, the District would not have sufficient funds to cover future expenditures unless revenues and/or expenditures were adjusted. In Fiscal Year 2007- 08, the City’s Ten-Year Plan indicated the realization of the future shortfall in the Downtown Landscape Maintenance D istrict. Therefore, the City implemented the following procedures to increase the assessment rates commencing in Fiscal Year 2007- 08 for the Downtown Landscape Maintenance District.

1) Every property owner subject to the proposed assessment increase was mailed a ballot allowing the property owner to vote on whether to increase the assessments. A notice describing the assessment, the individual property owner’s annual assessment rate, the duration of the assessment, the reason for the assessment and the basis upon which the assessment is calculated accompanied the ballots.

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

3) Publicly owned properties are assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment.

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

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

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

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section I – Introduction

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

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

As required by the Landscaping and Lighting Act of 1972, this Engineer's Report describes the improvements to be constructed, operated, maintained, and serviced by the District for F iscal Year 2025-26, provides
a cost estimate for the District, and lists
the proposed assessments to be levied upon each assessable lot or parcel within the District.

The City will hold a Public Hearing on June 10, 2025, to provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the levy of assessments as originally proposed or as modified. Following the adoption of this resolution, the final assessor's roll will be prepared and filed with the Contra Costa County Auditor's office to be included on the Fiscal Year 2025-26 tax roll.

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Engineer’s Report

4 SECTION II

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

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE

CITY OF CONCORD

DOWNTOWN LANDSCAPE MAINTENANCE DISTRICT

FISCAL YEAR 2025-26

Pursuant to the Landscaping & Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500) and in accordance with Resolution No. 25-15 accepting the Preliminary Engineer’s Report, and the Resolution of Intention (ordering improvements and setting the Public Hearing Date), being Resolution No. 25-19, both adopted on May 13, 2025 by the City Council of the City of Concord, I, Eduardo R. Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the Downtown Landscape Maintenance District (“District”), submit the following “Report” consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS

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

PART B: ESTIMATE OF COST

This part contains an estimate of the cost of the proposed improvements for F iscal Year 2025-26, including incidental costs and expenses in connection therewith. This estimate is as set forth on the lists thereof, attached hereto, and is on file in the Office of the City Clerk of the City of Concord.

PART C: ASSESSMENT DISTRICT DIAGRAM

This part incorporates, by reference, a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District, and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the City Clerk of the City of Concord. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report.

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Engineer’s Report

5 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT

This part describes the method of apportionment of assessments, based upon the parcel's size, and front footage within the District, in proportion to the estimated benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL

This part contains an assessment based on the estimated cost of the improvements apportioned to each benefited lot or parcel of land within the District. The Assessment Roll is filed in the Office of the Concord City Clerk and is incorporated as Appendix “A”
in this Report. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Part A

6 PART A

PLANS AND SPECIFICATIONS

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

DESCRIPTION OF IMPROVEMENTS

The following improvements are proposed to be operated, maintained, and serviced in the City of Concord's Downtown Landscape Maintenance District for F iscal Year 20 25-
26:

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

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

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

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Part B

7 PART B

ESTIMATE OF COST

The 1972 Act provides that the District can recover the total cost of installation, construction, operation, maintenance, and servicing of landscaping. Maintenance can include the repair and replacement of existing landscaping facilities. Servicing can include electrical and associated costs from a public utility. Incidental expenses, including administration of the District, engineering fees, legal fees, printing, posting, and mailing of notices, and all other costs associated with the annual collection process can also be included.

The operation, maintenance and servicing costs for Fiscal Year 2025-26 are summarized below. These cost estimates were provided by the City of Concord.

Fund Balance July 1 (1) $2,101,665 $1,885,724
$2,101,665 $1,885,724
Add Revenues:

Assessments $496,995 $510,438
City Contribution $135,485 $147,000
Use of Money & Property $51,415 $63,974
Contribution from Fund Balance $0 $379,297
Total Revenues $683,895 $1,100,709
Less Appropriations
Landscape Services $550,000 $689,003
Gas & Electricity $59,381 $59,381
Water & Miscellaneous $41,407 $41,407
Admin & General Services $135,485 $135,485
Assessment Engineering and Others $100,000 $145,000
County Collection Fees $773 $773
Consultant/Contract Services $0 $0
Other Fixed Charges $12,790 $29,660
Capital Improvement Projects $0 $0
Total Expenditures $899,836 $1,100,709
Revenues Over (Under) Expenditures
Appropriations ($215,941) $0
Contingency $90,000 $110,000
Operating Reserves (50% maximum) (2) $449,918 $550,355
Total Reserves $539,918 $660,355
Projected Fund Balance on June 30 (3)
$1,345,806 $1,225,369
1 Fiscal Year 2025-26 starting Fund Balance equals the estimated Fiscal Year 2024-25 ending fund balance plus the Fiscal Year 2024-25 Reserves.
2 Because the City receives the fiscal year assessment revenue in late December and late April of the following year, the City needs to ensure it has at least 50% operating reserves to cover the period from July 1 through December 1. 3 Fund balances are held to contribute towards operational costs when expenditures exceed revenues or may accumulate for the replacement of sidewalk segments and lighting and landscaping improvements as funds allow.

TABLE 1: Downtown Landscape Maintenance District
Fiscal Year 2025-26 Cost Estimate
Fiscal Year 2025-26 Fiscal Year 2024-25

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Part B

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

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Part C

9 PART C

ASSESSMENT DISTRICT DIAGRAM

The Concord Downtown Landscape Maintenance District includes parcels of land located within the downtown area of the City of Concord that benefit from landscaping within the boundaries of the District. In order to accurately assess properties within the District based upon the special benefits they receive from the improvements, four (4) distinct benefit zones have been created.

Todos Santos Plaza Benefit Zone: All parcels located within the Todos Santos Benefit Zone are located near Todos Santos Plaza and
benefit from the operation and maintenance of
Todos Santos Plaza.

Streetscape Benefit Zone: All parcels located within the Streetscape Benefit Zone have streetscape landscaping located
directly adjacent to their parcel which is being
maintained by the District. These parcels benefit
from the operation and maintenance of
landscaping and street trees which are located
adjacent to their parcel.

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

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

In F iscal Year 2007-08 the Downtown Landscape Maintenance District benefit zones were adjusted d ue to the fact that additional landscaping had been added over the years and to ensure all benefiting parcels are assessed. The benefit zones had not been modified since the District was created by the Engineer of Work, Leptien, Cronin, Cooper, Inc. in Fiscal Year 1984-85. All assessable parcels are identified by the Contra Costa County Assessor's Parcel Numbers, for the current fiscal year on the Assessment Roll. A detailed description of the lines and dimensions for various lots or parcels within the District are incorporated by reference to maps on file at the Contra Costa County Assessor's Office. The Assessment District boundaries and benefit zones are shown on the Assessment Diagram, which is on file with the City Clerk and a reduced copy is shown below and on the following pages.

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Part C

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

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Part C

11 FIGURE 2:

TODOS SANTOS PLAZA ZONE
FIGURE 3:

COLLECTOR MEDIAN ZONE

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Part C

12 FIGURE 4:

STREETSCAPE ZONE

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Part D

13 PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

GENERAL

Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by Agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping and street lighting improvements.

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

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

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

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

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

The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 225 74). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax."

Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of-ways, public greenbelts and public parkways, and that

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Part D

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

LANDSCAPING BENEFIT DETERMINATION

Trees, landscaping, and hardscaping, if well maintained, provide beautification, shade, and the enhancement of the desirability of surroundings. These improvements attract patrons and residents to the downtown area thereby stimulating and improving the economic viability of the downtown businesses and residences. These improvements provide special and direct benefits to each property located within the boundaries of the District.

The City of Concord also recognizes that the landscaping improvements provide residual benefit to properties located outside the District ’s boundaries. This residual or general benefit will be paid for by the City’s general fund on an annual basis. The table below shows the landscape maintenance costs within each benefit zone and the amount of general and special benefit associated with each zone. The general benefit costs will be paid for by the City and a portion of the special benefit costs will be paid for by property owners located within each benefit zone based upon the assessment spread methodology described below.

Todos Santos
Plaza Benefit
Zone
Streetscape
Benefit Zone
Collector Street
Median Benefit
Zone
Thoroughfare
Median
Benefit Zone
Fiscal Year 2025-26
Proposed Total
Maintenance Costs $510,029 $165,044 $92,851 $332,785 $1,100,709 General Benefit % 10.00% 5.00% 10.00% 22.50%
Special Benefit % 90.00% 95.00% 90.00% 77.50%
Required City Contribution - General Benefit $51,003 $8,252 $9,285 $74,877 $143,417 Actual City Contribution $58,899 $19,021 $16,343 $52,736 $147,000 Interest Earned From Fund Balances $45,349 $10,760 $899 $6,967 $63,975 Contribution from Fund Balance or Other Non-Assessment Revenue Source $151,973 $49,080 $42,170 $136,073 $379,297 Assessment Revenue Needed from the District $253,807 $86,183 $33,439 $137,008 $510,437 Total $510,028 $165,045 $92,851 $332,785 $1,100,709
*Numbers may not foot due to rounding.

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

BENEFIT ZONE CLASSIFICATION

Because of the varying types and location of the landscape improvements located throughout the District , four (4) distinct benefit zones have been established. These benefit zones consist of the Todos Santos Plaza Benefit Zone, Streetscape Benefit Zone, Collector Street Median Benefit Zone, and Thoroughfare Median Benefit Zone.

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

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Part D

15 The parcels located within the Todos Santos Plaza Benefit Zone are responsible for the operation and maintenance of Todos Santos Plaza. The parcels located within the Streetscape Benefit Zone are responsible for the operation and maintenance of the street trees and roadway landscaping located directly adjacent to their parcel. The parcels locate d within the Collector Street Median Benefit Zone (Meridian Park Area) are responsible for the operation and maintenance of the landscaped medians located adjacent to or near their parcel. All parcels located within the D istrict are located within the Thoroughfare Median Benefit Zone and are responsible for the operation and maintenance of the landscaped medians located along Willow Pass R oad, Concord Avenue and Clayton Road.

The Benefit Zones are shown i n the Assessment Diagram located in Part C of this Report.

ASSESSMENT SPREAD METHODOLOGY

Todos Santos Plaza

The cost for operating and maintaining Todos Santos Plaza is distributed to each non- residential parcel within the Todos Santos Plaza Benefit Zone proportionately based on their respective parcel area. The cost for operating and maintaining Todos Santos Plaza is distributed to each residential parcel (Single Family, Multi -Family, Condominiums) within the Todos Santos Plaza Benefit Zone based upon each parcel ’s number of residential units.

In Fiscal Year 2025-26 it is estimated that $2 53,808 in assessment revenue will be needed to operate and maintain the landscape improvements located within the Todos Santos Plaza Benefit Zone. There are 3,384,261 square feet of assessable parcel area for the non- residential parcels and 1,627 assessable units for the residential parcels.

Therefore, the Fiscal Year 2025-26 annual assessment rate is $ 0.065439 per square foot of parcel area for non- residential parcels and $ 19.880256 per unit for residential parcels.

Streetscape Landscaping

The costs for operating and maintaining the streetscape landscaping are distributed to all parcels located within the Streetscape Benefit Zone based on parcel frontage. In Fiscal Year 2025-26 it is estimated that $86,184 will be needed in assessment revenue to operate and maintain the landscape improvements located within the Streetscape Benefit Zone. There are 43,424 linear feet of assessable parcel frontage within the benefit zone. Therefore, the Fiscal Year 2025-26 annual assessment rate is $1.984712 per linear foot.

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Part D

16 Collector Street Median Benefit Zone

The costs for operating and maintaining the landscaping medians along the collector streets within the Meridian Park area are distributed to all parcels located within the Collector Street Median Benefit Zone as follows:

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

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

In Fiscal Year 20 25-26 it is estimated that $33, 440 will be needed in assessment revenue to operate and maintain the landscape median improvements located within the Collector Street Median Benefit Zone. There are 19,477 linear feet of assessable parcel frontage and 6,832,997 square feet of assessable parcel area. Therefore , the Fiscal Year 2025-26 annual assessment rate is $ 0.563771 per linear foot and $0.003287 per square foot.

Thoroughfare Median Benefit Zone

The costs for operating and maintaining the landscaping medians along Concord
Avenue, Willow Pass R oad and Clayton Road are distributed to all parcels located within the District as follows:

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

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

In Fiscal Year 20 25-26 it is estimated that $137, 009 will be needed in assessment revenue to operate and maintain the landscape median improvements located within the Thoroughfare Median Benefit Zone. There are 33,010 linear feet of assessable parcel frontage and 27, 461,456 square feet of assessable parcel area. Therefore, the Fiscal Year 2025-26 annual assessment rates are $ 1.394103 per linear foot and $0.003313 per square foot.

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Part D

17 The assessment rates may be increased each fiscal year by the prior year’s change in the Consumer Price Index (CPI) not to exceed 5%. The Consumer Price Index (CPI) is based upon the San Francisco All Urban Wage Earners and Cler ical Workers as of February 2024 which was 341.595 and the most current CPI available at the time this report was prepared was the February 2025 CPI, which was 350.836, which equated to a 2.71% increase. Therefore, the assessment rates have been increased 2.71% over the Fiscal Year 2024-25 rates.

PROPERTY OWNER APPEALS OF SPECIAL ASSESSMENT LEVIES

Any Property Owner claiming that the amount or application of the Special Assessment is not correct and requesting a refund may file a written notice of appeal and refund to that effect with the Public Works Director not later than one calendar year after having paid the Special Assessment that is disputed. The Public Works Director shall promptly review the appeal, and if necessary, meet with the Property Owner, consider written and oral evidence regarding the amount of the Special Assessment, and decide the appeal.

If the Public Works Director’s decision requires that the Special Assessment be modified or changed in favor of the Property Owner, a refund shall be made, or an adjustment may be made to the next Annual Special Assessment levy. Any dispute over the decision of the Public Works Director shall be referred to the City Council and the decision of the City Council shall be final. This procedure shall be exclusive and its exhaustion by any Property Owner shall be a condition precedent to any legal action by such owner.

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Section II – Part E

18 PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL

The Fiscal Year 2025-26 Assessment Roll is included in Appendix A of this report and is on file in the Office of the Concord City Clerk. The list of names and addresses of the owners of the parcels located within the City of Concord's Downtown Landscape Maintenance District is shown on the
Fiscal Year 2025-26 equalized Property Tax Roll
of the Contra Costa County Assessor, which is hereby made a part of this report. This list of names and addresses of the owners is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll.

The total proposed assessment for Fiscal Year 2025-26 is $510,438.14.

City of Concord Fiscal Year 2025-26
Downtown Landscape Maintenance District Appendix A

APPENDIX “A”

Fiscal Year 2025-26

ASSESSMENT ROLL

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2025-26
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
112-101-016 $196.92SULCAR PROPERTIES 1757 CONCORD AVECOM 112-101-025 $2,951.68CONCORD AVENUET, S 1771 CONCORD AVE 1775COM 112-101-030 $1,358.68CONCORD LODGING LTDS 1581 CONCORD AVECOM 112-101-031 $820.56REALTY INCOME TRUST 4S 1501 CONCORD AVECOM 112-101-032 $560.00DG CONCORD LLC CONCORD AVECOM
112-110-011 $239.22MATTSON REX LANCET, S 2143 GALINDO ST #AMFR 112-110-012 $135.56ROBERTSON REEDT, S GALINDO STVCOM 112-110-013 $234.92ROBERTSON REEDT, S 2127 GALINDO STSFR 112-110-018 $139.82TROLAN JAMES A TRET, S 2157 GALINDO STSFR 112-110-019 $280.74TROLAN JAMES A TRET, 1976 BONIFACIO ST #1MFR 112-110-022 $1,273.36WILLIS MARC F & CAROL A TRET, S 1921 CONCORD AVECOM 112-110-026 $2,827.42C E REED FAMILY LLCT, S 1821 CONCORD AVECOM 112-110-028 $5,284.38CONCORD CITY OFT, S CONCORD AVEPUB 112-125-021 $310.14BROADMOOR PROPERTIES LLCT, 1981 BONIFACIO ST #1MFR 112-125-022 $295.72BROADMOOR PROPERTIES LLCT, 1983 BONIFACIO ST #1MFR 112-131-001 $288.68MORIARTY ANN TRET, S 2011 PACHECO STSFR 112-131-013 $1,305.96LAU GENE C TRET, S 2063 PACHECO STCOM 112-131-014 $263.24TROLAN JAMES A TRET, S 2037 PACHECO ST #1MFR 112-132-001 $1,305.96SEVEN HILLS VENTURES LLCT, S 2123 PACHECO STCOM 112-132-020 $2,978.72PLANNED PARENTHOOD INCT, S 2185 PACHECO STCOM 112-133-001 $859.40SHASTA-DIABLO INCT, 2108 GRANT STCOM 112-133-010 $33.92JOHNSON STEVE E TRET, 2251 PACHECO STSFR 112-133-011 $697.70NOVOSIBIRK ASSET MGMT LLCT, S 2291 PACHECO STCOM 112-133-012 $44.72SUDHIR ANKUSH KT, 2249 PACHECO STSFR 112-134-001 $200.46REMMICH MARVIN A TRET, 2112 COLFAX STMFR 112-134-009 $677.78RANDOLPH JEFFREYT, S 2109 EAST STCOM 112-134-010 $164.00REMMICH MARVIN A & SUSAN PT, 2347 PACHECO ST #1MFR 112-135-001 $1,305.96ODUMAKINDE IMAGING LLCT, S 2309 SALVIO ST 2311VCOM 112-135-002 $528.94ODUMAKINDE IMAGING LLCT, S COLFAX STVCOM 112-135-005 $103.54ENTRUST GROUP INCT, 2300 PACHECO STMFR 112-135-006 $515.08PACHECO MEDICALT, 2346 PACHECO STMISC 112-135-011 $1,305.96ODUMAKINDE ELIZABETHT, S 2383 SALVIO STVCOM 112-135-012 $614.88ODUMAKINDE IMAGING LLCT, S SALVIO STVCOM 112-135-013 $790.64HEMMATI JULIAN TRET, 2056 COLFAX STCOM 112-135-017 $454.38NIBBER TASHI & RANDIP ST, S 2043 EAST STCOM 112-135-018 $1,132.42NIBBER TASHI & RANDIP ST, S 2041 EAST STCOM 112-135-019 $751.74PACHECO MEDICALT, S 2350 PACHECO STCOM 112-136-017 $2,357.68CONCORD-PLAZA TOWER INCT, S 2020 GRANT STMFR 112-136-018 $4,784.88CONCORD HOMES INCT, S 2222 PACHECO STMFR 112-136-019 $3,437.88CONCORD REDEVELOPMENTT, S 2255 SALVIO STPUB 112-137-004 $58.40HEITHAUS MARIA PIA TRET, 2156 PACHECO STSFR 112-137-005 $388.90BRUMLEY PROPERTIES LLCT, S 2178 PACHECO STMFR 112-137-017 $4,304.16AUTUMN WOOD 1 LPT, S 2151 SALVIO STCOM 112-137-019 $1,204.62TELOMETIS LLCT, S 2100 PACHECO STMFR 112-138-001 $1,096.36VASCONI PETER C & JUDY GT, S 2001 SALVIO STCOM 1Page 04/23/25

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2025-26
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
112-138-003 $677.78CONCORD CITY OFT, S GALINDO STPUB 112-138-014 $423.16CONCORD CITY OFT, S MOUNT DIABLO STPUB 112-138-015 $753.86BURKHARDT 2093 MT DIABLOT, S 2093 MOUNT DIABLO ST #AMFR 112-138-019 $557.78PARCUSO PROPERTIES LLCT, 2045 MOUNT DIABLO STCOM 112-138-021 $941.24GUMINA FAMILY PARTNERSHIPT, S 2093 SALVIO ST 2097COM 112-153-002 $44.72STROUD ALEXANDER PT, 2479 PACHECO STSFR 112-153-003 $515.64VON STIEFF FRED J TRET, 2477 PACHECO STCOM 112-153-004 $40.74PEI YEU-JYE JULIAT, 2475 PACHECO STSFR 112-153-005 $48.70KOCH CHRISTOPHER WT, 2459 PACHECO STSFR 112-153-017 $970.02VON STIEFF FRED J TRET, S 2481 PACHECO STCOM 112-153-018 $1,537.20SIERRA HEALTH & WELLNESST, S 2118 EAST STINST 112-154-002 $511.76MOJADDIDI MOE & HOMA TRET, S 2485 SALVIO STCOM 112-154-003 $511.76MOJADDIDI MOE & HOME TRET, S 2465 SALVIO STCOM 112-154-006 $515.64KAHLON GURSHARAN S TRET, 2056 EAST STCOM 112-154-007 $721.90CRONSON JOHNSON HOLDINGST, 2080 EAST STCOM 112-154-008 $34.78BJORK DARLENE I TRET, 2450 PACHECO STSFR 112-154-009 $44.72BJORK DARLENE I TRET, 2460 PACHECO STSFR 112-154-010 $44.72DEMADRID CATHERINET, 2474 PACHECO STSFR 112-154-013 $1,535.26FAHMIE BARBARA C TRET, S 2435 SALVIO STCOM 112-154-015 $2,594.32GAMEZ JUANITA NIMFAT, S 2025 PORT CHICAGO HWYCOM 112-211-044 $1,975.42SRE CALIFORNIA-6 LLC 1461 CONCORD AVECOM 112-230-013 $2,426.16CONTRA COSTA WATER 1331 CONCORD AVEPUB 112-251-012 $267.46IJK PROPERTIES LLC 2301 STANWELL DRIND 112-252-024 $556.962300 STANWELL DRIVE LP 2300 STANWELL DR #A-BIND 112-290-001 $22.92WONG JOSHUAT, 1965 BONIFACIO ST #5CONDO 112-290-002 $22.92YAN THOMAS TAK MINGT, 1965 BONIFACIO ST #7CONDO 112-290-003 $22.92MONTOYA JONATHAN JT, 1965 BONIFACIO ST #3CONDO 112-290-004 $22.92LEE DONNAT, 1965 BONIFACIO ST #1CONDO 112-290-005 $22.92PACHECO CELESTINAT, 1965 BONIFACIO ST #6CONDO 112-290-006 $22.92MCKEOWN OWEN J &T, 1965 BONIFACIO ST #8CONDO 112-290-007 $22.92ALTIMARI NICHOLAS ANTONIOT, 1965 BONIFACIO ST #4CONDO 112-290-008 $22.92MAGANA VICTOR RAMONT, 1965 BONIFACIO ST #2CONDO 112-290-009 $22.92BOWEN ELIZABETHT, 1967 BONIFACIO ST #5CONDO 112-290-010 $22.92STARKEBAUM RUSST, 1967 BONIFACIO ST #7CONDO 112-290-011 $22.92SUH YOUNG DT, 1967 BONIFACIO ST #3CONDO 112-290-012 $22.92NUNEZ ADRIAN TAMAYOT, 1967 BONIFACIO ST #1CONDO 112-290-013 $22.92BOBBY DEBRA JT, 1967 BONIFACIO ST #6CONDO 112-290-014 $22.92LAM DANNY C & OI K CHU TRET, 1967 BONIFACIO ST #8CONDO 112-290-015 $22.92SCHULZ GREG PT, 1967 BONIFACIO ST #4CONDO 112-290-016 $22.92BASKIR LIZAT, 1967 BONIFACIO ST #2CONDO 112-290-017 $22.92GANDARILLA ESMYRNAT, 1969 BONIFACIO ST #5CONDO 112-290-018 $22.92CONSOS PETER P JR TRET, 1969 BONIFACIO ST #7CONDO 112-290-019 $22.92HO SUNNY TRET, 1969 BONIFACIO ST #3CONDO 112-290-020 $22.92ABOUKHALIL NASER TRET, 1969 BONIFACIO ST #1CONDO 112-290-021 $22.92CATE TONI LT, 1969 BONIFACIO ST #6CONDO 2Page 04/23/25