Concord City Council
June 24, 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 24, 2025
5:30 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.

Please Note 5:30 p.m.

Meeting Start
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/85977814490?pwd=2qzlCerzcLHcu3U5tvj5cXS9_a0wIw. 3d3AVH-FJail5Duc or Zoom Webinar ID: 859 7781 4490 and Passcode: 073532 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 - Councilmember Aliano

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 a. Written Public Comment

3. PRESENTATIONS
a. Presentation – to Kit Jory, Parks Manager, proclaiming Concord as "Tree City USA.” Presentation by Mayor Obringer.
b. Presentation – to Kalli Mejia, Miss Collegiate California, proclaiming June 24, 2025, as "Building Respect and Values for Everyone (B.R.A.V.E.)" day in the City of Concord. Presentation by Mayor Obringer.
c. Presentation – by Abhishek Parikh, Deputy Director of Public Works - Transportation, on the Transportation Program. Introduction by Mayor Obringer.

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 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. a. Considering – approval of minutes from the March 1, 29, and April 22, 2025, Special meetings and March 4 and 25 and April 1 and 22, 2025, Regular meetings. Recommended by the City Clerk.
b. Considering – adoption of Ordinance No. 25-6 entitled, "An Ordinance Amending Concord Municipal Code, Title 5 (Business Licenses and Regulations), Section 5.90.010 (Definitions), Title 12 (Street, Sidewalks, and other Public Places), Chapter 12.50 (Vendors), and Title 18 (Development Code), Sections 18.20.030 (Definitions), 18.200.210 (Food Vendor Group Sites), and Adding Title 12, Chapter 12.55 (Sidewalk Vending)." Ordinance No. 25-6 was introduced on June 3, 2025, by reading of the title only and waiving further reading. Recommended by the City Clerk.

CEQA: Not a “project”/exempt pursuant to Public Resources Code 21065 and CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, and/or 15378. c. Considering – approval of a Professional Services Agreement to supply pool sanitation chemicals on an as-needed basis for Concord Community Pool and the Meadow Homes Spray Park in the amount of $135,000 for the period of July 1, 2025, through June 30, 2026, with the option to extend the agreement for two additional periods of one year each in the amount of $135,000 per year ($405,000 over three years); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund) Recommended by the Directors of Recreation Services and Public Works.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, and/or 15323.
d. Considering – approval of an agreement between the City of Concord and the City of Clayton for Concord to provide Police Dispatch, Detention, and Information Technology Support Services for an initial 5-year term, with the option to extend for an additional 5-year term; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

Recommended by the Director of Information Technology.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. 5 e. Considering – authorizing an increase in the project contingency from 20% to 20.8% ($219,396.10 to $228,191.85) on the existing construction contract with St Francis Electric, LLC for the Citywide Traffic System Upgrade Phase 2 Project (Project No. 2574) to fulfill contract change orders. (Highway Safety Improvement Program Grant Funds, Measure V, Measure J) Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
f. Considering – approval of Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $518,990 to provide design engineering and related services for the Residential Pavement Maintenance No. 2 (Project No. 2742) for the streets surrounding Cambridge Park, Navaronne Way, and San Simeon Drive; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (State Gas Tax SB1, Fund 266) Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and/or Public Resources Code Section 21065. g. Considering – approval of nine (9) agreements involving annual license, maintenance, purchase and support for Information Technology systems in the total not-to-exceed amount of $1,927,482 for the 2025-26 Fiscal Year; and authorizing the Director of Information Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Information Technology.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. h. Considering – approval of a five-year License Agreement with Oakland Urban Farming Project for the purpose of planning, funding, and implementing improvement and maintenance of a community garden at Hillcrest Park in coordination with the City; and authorizing the City Manager to sign the agreement in a form acceptable to the City Attorney.

Recommended by the Director of Public Works.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15301, 15302, 15303, 15304, 15305, 15323, 15327, and/or Public Resources Code Section 21065.
6 i. Considering – authorizing an increase to the contingency from 10% to 24% (an increase of $35,392.31) on existing Task Order No. 1 with Dewberry Engineers Inc. for the Downtown Sanitary Sewer Upgrade Phase 4 (Project No. 2598) to fulfill construction management duties for project closeout. (Sewer Operating Fund, Fund 710) Recommended by the Director of Community Development.

CEQA: Previously determined not to be a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
j. Considering – approval of an agreement with Carahsoft Technology Corporation to replace the Department of Public Works current work order system with OpenGov Cartegraph Asset Management for a five-year contract (three years with two one-year extensions) in a total not to exceed amount of $1,452,655 and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Measure V, PJ 2749, Department of Public Works operational funds) Recommended by the Director of Public Works.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. k. Considering – purchase approval of rectangular rapid flashing beacon equipment and accessories from Traffic and Parking Control Co., Inc. (TAPCO) in the not-to-exceed amount of $113,150.06 for the Rectangular Rapid Flashing Beacons (RRFB) Crosswalk Enhancements project (Project No. 2696) at nine locations. (HSIP Grant Funds, Measure V, Measure J) Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and Public Resources Code Section 21065.
l. Considering – adoption of a Resolution accepting the Contra Costa Community Development Block Grant/Home Consortium 2025/30 Consolidated Plan and authorizing the City Manager to submit the City of Concord Fiscal Year 2025/26 Action Plan to the U.S. Department of Housing and Urban Development consistent with the program rules which govern the receipt and expenditure of funds allocated by HUD during FY 2025/26; appropriating and authorizing disbursement of $103,200 from the Cannabis Community Benefit Fund (Fund 292); and execution of all attendant documents and agreements for FY 2025/26. Recommended by the Director of Community Development.
7 CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and/or Public Resources Code Section 21065. m. Considering – approval of a Professional Services Agreement with TJKM Transportation Consultants in the amount of $447,988.22 including contingency to develop a Safe Street for All Safety Action Plan and Enhanced Collision Dashboard and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Federal Grant, Measure V, Measure J) Recommended by the Director of Public Works.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061 (b)(3), 15273, 15378, and/or Public Resources Code Section 21065. n. Considering – the following actions for the Clayton Road Pavement Rehabilitation (Project No. 2609) located on Clayton Road, from Babel Lane to the City limits at the City of Clayton:

1. Award of a construction contract in the amount $5,978,461.82 to Bay Cities Paving & Grading, Inc. and authorizing staff to utilize the available project contingency for contract change orders up to 15% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approval of Task Order No.1 with MNS Engineers, Inc. in the not-to- exceed amount of $929,094.98; authorizing staff to utilize up to a 10% contingency ($84,463.18) to provide construction management, materials testing, and related services; and authorizing the City Manager to execute the Task Order in a form acceptable to the City; and

3. Authorizing the City Engineer to accept the improvements upon completion and directing the City Clerk to file a Notice of Completion. (Measure V Fund, State Gas Tax Fund) Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
o. Considering – approval of an amendment to Professional Services Agreement No. 16489 with Swinerton Management Consulting for construction management in the amount of $208,475 (for a new not-to- exceed amount of $682,657.50) for the Clayton Road Traffic Operation Improvements - Phase 2 (Project No. 2579); and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (Measure V, PEG Fees) Recommended by the Director of Community Development.
8 CEQA: Not a project/exempt pursuant to Public Resources Code 21065; CEQA Guidelines Sections 15060(c), 15061(b)(3), 15301, 15302, 15304, 15273, and/or 15378.
p. Considering – the following for the Residential Pavement Maintenance – Phase C – Concord Blvd./Myrtle Dr. (Project Nos. 2606 & 2618) located along Concord Boulevard, between Bailey Road and the Clayton city limits, and Myrtle Drive, between Ayers Road and Kirker Pass Road, and Mustang Court, south of Myrtle Drive:

1. Award of a Construction Contract in the amount $2,622,375 to MCK Services, Inc.; authorizing staff to utilize the available project contingency for contract change orders up to 15% of the contract amount ($393,356.25); and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approval of a Professional Services Agreement with Avila Project Management in the not-to-exceed amount of $308,850, including a 10% contingency ($28,077) to provide construction management and related services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney;

3. Approval of Amendment No. 3 to Agreement No. 5987 with HDR, Inc. in the not-to-exceed amount of $62,481 to provide design support and related services during construction; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney; and

4. Authorizing the City Engineer to accept the improvements upon completion of the project and directing the City Clerk to file a Notice of Completion. (Measure V) Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code 21065; CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15301, 15302, 15303, 15304, and/or 15378.

5. CITY COUNCIL CONSIDERATION ITEMS
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – the denial of a request from La Clinica for a six-month extension and expanded use of the $246,182 remaining in their American Rescue Plan Act grant allocation and require the return of the non-spent grant funds to the City’s General Fund. Report by Justin Ezell, Assistant City Manager.
9 CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b), 15262, 15273, 15378, and/or Public Resources Code Section 21065.
b. Considering – the following:

1. An overview of the Metropolitan Transportation Commission’s (“MTC”) Transit-Oriented Communities (“TOC”) Policy and staff’s proposed work plan to increase compliance with the Policy;

2. Adoption of a Resolution committing to take steps toward achieving compliance with MTC's Transit-Oriented Communities (“TOC”) Policy as a condition for MTC to allocate discretionary funding for two TOC Planning and Implementation Grants for land use density and parking management, and authorizing the City Manager to accept and appropriate the land use density grant funds to reimbursable project number 2801 (Fund 402), and execute any necessary or appropriate agreements in a form acceptable to the City Attorney. Report by Meredith Rupp, Principal Planner.

CEQA: Not a “project”/exempt pursuant to Public Resources Code 21065 and CEQA Guidelines Section 15060(c), 15061(b)(3), 15273, and/or 15378.

6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter from Mayor to Secretary of Transportation re: Support for City's Safe Streets for All (SS4A) Grant Application - June 18, 2025 b. Letter from City Manager to Secretary of Transportation RE: Support for the City's Safe Streets for All (SS4A) Grant Application - June 16, 2025

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

8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 8/12/2025 6:30 PM
10 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.

From: Micah Pearce <[email protected]>
Sent: Tuesday, June 24, 2025 1:15 PM
To: City Clerk <[email protected]>
Subject: Public Comment 6/24/2025
Good evening Mayor, Members of Council,
Investments are a commitment to the future. Ethics exist as a safeguard against risk. A city investment policy without explicit ethical obligations, places the security of its investments at risk, and fails to adequately safeguard the public’s future. The current policy of this City places safety above short-term returns, but does not explicitly define what a safe investment is. Without explicit ethical guidelines we leave our future open to risks that are unsupportable by our own policy.

Thank you,
Micah Pearce

2.a

TRANSPORTATION OVERVIEW

ABHISHEK PARIKH,

DEPUTY DIRECTOR, PUBLIC WORKS
JUNE 24, 2025

3.c

Overview
Funding
Success
What’s Next

3 Transportation Funding 2018-2025

Safety
4 $18M Awarded
Funding for:
• Enhance Traffic Signal Safety
• Upgrade Signage
• Improve Street Lighting
• Bike/Ped and School Zone Safety
Traffic Safety

Safety – Traffic Signal Safety
• Improvements including:
• Retro-reflective backplates
• Ped countdown timers
• Accessible push buttons
• ADA curb ramp upgrades
• ADA Curb Ramp
• Retroreflective Backplates
• Accessible Push Buttons
• Pedestrian Countdown Heads
5 Examples

Safety – Signage and Lighting
Improvements including:
• Lighting – Induction to LED
• Signs – Fluorescent sheeting
6

Bike/Ped And School Zone Safety
Improvements including:
• High-visibility crosswalks
• Advance warning signs
• Bike Boxes
• Delineators
• Blinking Stop Signs
• Rectangular Rapid Flashing
Beacons (RRFB)
• Bulbouts
• Radar Feedback Signs
7

Signal Upgrades
$12.1 M Awarded
8 Funding Used To:

Upgrade Signal System
111 controllers were
upgraded
94 cabinets were
upgraded
16 video detection
installed
Other equipment
installed includes:

APS Pedestrian Push
Buttons
Battery Backup Systems
Countdown Pedestrian
Signal Heads
PTZ Cameras

TRAFFIC SIGNAL
SYSTEM

IMPROVEMENTS

UPGRADE TO ADVANCED

CONTROLLERS & ATC CABINETS
89% COMPLETE

FIBER OPTIC COMMUNICATION
57% COMPLETE

VIDEO DETECTION
89% COMPLETE

BATTERY BACKUP SYSTEM
52% COMPLETE
9

Intelligent Transportation System
Public Safety and
Emergency Service
Integrated
Infrastructure
Events and Experience

1. Signal System

2. Connected Signal System

3. Signal System with
Fiber Optics 4. Connected Transportation
System 5. Integrated System
Five Steps to Integrated System

1. 2. 3. 4. 5.

Integrated
City System
We are Here
Integrated
Connected Asset
Connected
Asset
10

Signal Upgrades - Operations
New Equipment Allows for Connected
and Integrated Signals:
• Remote Access
• Transit Signal Priority
• Improved Coordination
• Adaptive Signals
• Realtime Monitoring
11

Bicycle and Pedestrian Improvement Projects
$10.8M Awarded For Construction
Downtown Bike Corridor
Limits: Salvio St (Broadway St to Grant St), Grant
St (Salvio St to Oak St), and Oak St (Grant St to
Galindo St)
Willow Pass Bike Lane Connection
Limits: Parkside Dr (Salvio St to Willow Pass
Rd) and Willow Pass Rd (Parkside Dr to
Landana Dr)
12 Galindo St. Multimodal Corridor
Limits: Galindo from Salvio to Clayton and Clayton
from Galindo to Grant

Planning Studies
Developed Concepts for Three Corridors:
• Concord Ave/Galindo St/Monument Blvd from SR 242 to Mohr Ln Corridor Study • Willow Pass/Galindo/Cowell Road Feasibility Study
• Alberta Wy/Pine Hollow Rd from Skyler Court to Pine Hollow Court Feasibility Study $775,000 awarded
13

Parking Studies
$900,000 awarded
Parking Studies:
• Downtown – Evaluates parking supply, demand and time-limit restrictions.

Supports implementation of parking technology
• TOC – reviews parking codes in TOC, recommends TDM
• Parking Capital Grant – funds parking system for downtown garage and Todo Santos Plaza
14

What’s Next
15

What’s Next
Proposed focus areas include:

1. Leverage Technology via
• Transportation Management Center (TMC)
• Connected Streetlight
• Fiber

2. Traffic Operations
• Adaptive Signal System

3. Traffic Safety
• Safety Analytics/Dashboard

4. Bicycle/Pedestrian Projects
• Planning
• Funding
16

Transportation Management Center
Build a TMC
• Centralized control
• Real time alerts
• Ability to adapt to changing traffic
• Reduced delay and travel time
• Continue fiber connections
• Tentatively funded
17

18 Connected LED Streetlight
• Auto alerts on outage
• Streetlights operate as
network nodes to collect
• Speed/Volume
• Congestion
• Safety
• Adjust lighting levels
• Reduce energy costs
• Simplify maintenance
• Longer lifetime

Adaptive Signal System
▪ Adaptive Signal System:
• Willow Pass Road
• Treat Boulevard (Live)
▪ ATSPM (Automated Traffic Signal
Performance Measures):
• Citywide Implementation
19

Safety And Collision Dashboard
20 • Develop integrated dashboard
• Provide analytics on red-light running and
speeding
• Cross-references collisions with existing
assets
• Supports grant application process

Ped/Bike Implementation
▪ Monument Boulevard
• Class I trail connection Iron Horse Trail to BART
• ATP application Scored 90/100
• Marginally missed funding cutoff
▪ Pine Hollow Road
• Bicycle and pedestrian improvements
21

Ped/Bike Planning
Plan for future implementation projects such as:
• Farm Bureau Phase 3 – Walnut to Clayton (SS4A
Grant Application to be submitted)
• Cowell Road – Monument to Ygnacio
(Evaluating opportunities for design funding)
• Internal update to BPAC on Bike/Ped network
• Identify critical gaps
• High priority projects for Grants
22

OTHER TRANSPORTATION RESPONSIBILITIES
New Development – Transportation Review
Capital Improvement Program – Transportation Review
Regional Coordination
Traffic Safety Review
Traffic Impact Fees
Resident Requests
Traffic Control Plans
Streetlight Maintenance
Signal Maintenance
23

24 Shout Out to Transportation Staff

Questions/Feedback?
25

1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CONCORD SENIOR CENTER
2727 PARKSIDE CIRCLE

CONCORD, CALIFORNIA
SATURDAY, MARCH 1, 2025
The Concord City Council met in a special meeting at the Concord Senior Center located at 2727 Parkside Circle, at 9:00 a.m. on Saturday, March 1, 2025, with Mayor Obringer presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano; Pablo Benavente; Laura Hoffmeister, Laura Nakamura; Carlyn Obringer
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Margaret O’Brien Director of Finance; Will Tarbox, Director of Public Works; Mindy Gentry, Director of Community
Development; Guy Bjerke, Director of Community Reuse
Planning; Steve Voorhies, Director of Recreation Services; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; Jasmin Loi, Director of Human Resources; James Nakayama, Police Captain; Kit Jory, Parks Manager; Ken Yee, Facilities Manager; Jesse Crawford, Maintenance
Superintendent; Carlton Thompson, City Engineer; Jeff Rayos, Senior Administrative Analyst; Abhishek Parikh, Deputy Director of Public Works – Transportation; Donna Lee, Budget and Treasury Officer; Wendy McAuley, Executive Assistant; Darrold Withrow, Public Works Supervisor; Richard Barraco, Public Works Supervisor; Nicholas Davison, Police Sergeant

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Tim Carr, Concord; Hope Johnson, Concord; Anonymous

COUNCIL WORKSHOP ON LONG-RANGE GENERAL FUND PROJECTIONS AND UNFUNDED

INFRASTRUCTURE NEEDS
City Manager Barone presented the Study Session Goals:

1. Team Building among City Council and Executive Team;

2. Receive long-rang fiscal projection update of Concord’s General Fund Operating Budget; and

3. Receive updated summary of the City’s unfunded infrastructure needs and discuss what near term and long-term options Council wants to explore further.

Budget and Treasury Officer Donna Lee and Steve Toler, Baker Tilly, presented a review of the year’s operating budget and the long-range financial forecast for Fiscal Years 2025-2027.

Public comment was received by:

Tim Carr, Concord
Hope Johnson, Concord
Anonymous

4.a4.a4.a4.a4.a4.a4.a

City Council Minutes March 1, 2025
2 Mayor Obringer recessed the meeting at 10:40 a.m. The meeting resumed at 10:53 a.m.

Assistant City Manager Justin Ezell and Steve Toler, Baker Tilly, made a presentation on unfunded infrastructure needs and a funding options overview.

Public comment was received by:

Tim Carr, Concord
Hope Johnson, Concord

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on March 1, 2025, at 2 p.m.

CARLYN S. OBRINGER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MARCH 4, 2025
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:00 p.m. on Tuesday, March 4, 2025, with Mayor Obringer presiding. The pledge of allegiance was led by Councilmember Hoffmeister. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Pablo Benavente, Laura Hoffmeister (6:04 p.m.), Laura Nakamura, Carlyn Obringer
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Mindy Gentry, Director of Community Development; Guy Bjerke, Director of Economic Development and Base Reuse; Mark
Bustillos, Chief of Police; Carlton Thompson, City Engineer; Ben Ulrey, Assistant Planner; Justine Gee, Associate Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Kay Saeyang; Mitch Turrin, Concord; Joey Flegel-Mishlove, East Bay Housing Organizations

PUBLIC COMMENT PERIOD
Kay Saeyang spoke of divestment.

CITY COUNCIL CONSENT CALENDAR
No public comment was received.

ADOPT ORDINANCE NO. 25-425.1 – 1700 Willow Pass Road
A motion was made by Benavente and seconded by Hoffmeister to adopt Ordinance No. 25- 425.1 entitled, “An Ordinance Amending the City of Concord Zoning Map by Rezoning 1700 Willow Pass Road to Include it in the Affordable Housing (AH) Overlay District in Accordance with State Law Requirements. (APN: 126-342-006).” Ordinance No. 25-425.1 was introduced on February 11, 2025, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

AUTHORIZE INCREASE OF A CONSTRUCTION CONTRACT, AND APPROVE BUDGET TRANSFER – Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598) This item was pulled from consideration on the Consent Calendar by Concord resident Mitch Turrin.

A motion was made by Hoffmeister and seconded by Nakamura to authorize the following for the Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598) generally located in the Downtown Concord area:

City Council Minutes March 4, 2025
2 1. Authorize an increase to the contingency from 10% to a 17% contingency (an increase of $166,436) on the existing construction contract with Devaney Engineering, Inc. for the Downtown Sanitary Sewer Upgrade Phase 4 (Project No. 2598) to address repair of a storm drain line (Funded by Measure V, Fund 407); and

2. Approve a budget transfer in the amount of $166,436 to Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598) from Alberta Way Pavement Rehabilitation (Project No. 2615) (Funded by Measure V, Fund 407).

The motion passed by unanimous vote of the Council.

LOCAL REUSE AUTHORITY CONSENT CALENDAR

AUTHORIZE AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS – Environmental Risk Services Corporation (ERS) and Environmental Science Associates (ESA) A motion was made by Benavente and seconded by Hoffmeister to authorize the amendment of two Professional Services Agreements (PSAs) for the combined amount of $70,000 for work related to the review and consideration of Navy site remediation (clean-up) with Environmental Risk Services Corporation (ERS) and creek restoration and stormwater management with Environmental Science Associates (ESA) in support of the redevelopment of the former Concord Naval Weapons Station (CNWS) establishing a new combined not-to-exceed amount for those PSAs of $319,319 through March 31, 2025; and authorizing the Executive Director of the LRA to execute the amendments in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEMS
CONSIDER ACCEPTANCE OF THE 2024 GENERAL PLAN ANNUAL PROGRESS REPORT Assistant Planner Ben Ulrey presented the staff report.

Public comment was received from Joey Flegel-Mishlove, East Bay Housing Organizations.

A motion was made by Hoffmeister and seconded by Benavente to accept the 2024 General Plan Annual Progress Report, which includes an Annual Progress Report on the Housing Element and authorize submittal of the General Plan Annual Progress Report to the Governor's Office of Land Use and Climate Innovation and the submittal of the Housing Element Annual Progress report to the California Department of Housing and Community Development. The motion passed by unanimous vote of the Council.

CONSIDERING INTERVIEW QUESTIONS, HOLDING INTERVIEWS, AND SELECTING APPOINTMENT BY BALLOT VOTE TO FILL THREE (3) POSITIONS ON THE PLANNING COMMISSION FOR FOUR- YEAR TERMS ENDING FEBRUARY 28, 2029
City Clerk Joelle Fockler presented the staff report.

A motion was made by Aliano and seconded by Hoffmeister to approve the staff proposed questions as amended by the City Council. The motion was unanimously approved by the Council.

The following applicants were interviewed:

Hope Johnson
Ray Barbour
Craig Mizutani

City Council Minutes March 4, 2025
3 Don Seta
Suresh Kamath
Dena Acosta-Beere
Darren Kelly
Joseph Piasecki
Jan Newbegin
Ajit Kaushal
May Patel
Darcy Kremin
Lance Goree
Mayor Obringer recessed the meeting at 9:30 p.m. The meeting resumed at 9:45 p.m.

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

Following a ballot vote, a motion was made by Obringer and seconded by Benavente to approve the appointments of Ray Barbour, Craig Mizutani, and May Patel for four-year terms on the Planning Commission ending February 28, 2029. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 4.a – Benched Correspondence
b. Agenda Item No. 4.a – Annual Progress Report & Housing Element Program Update – PowerPoint Presentation
c. Agenda Item No. 4.b – Benched Correspondence

COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on March 4, 2025, at 9:55 p.m.

CARLYN S. OBRINGER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MARCH 25, 2025
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 5:30 p.m. on Tuesday, March 25, 2025, with Mayor Obringer presiding. The pledge of allegiance was led by Councilmember Hoffmeister. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Pablo Benavente, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Monique Robinson, Deputy City Clerk; Mark Bustillos, Chief of Police; Greg Taylor, Director of Information Technology; Mindy Gentry, Director of Community Development; James Nakayama, Police Captain; Mark Robison, Police Captain; Carlton
Thompson; City Engineer; Bruce Davis, Senior Civil Engineer; Kevin Wheat; Associate Engineer; Sophia Huckabay, Housing Manager; Vickie Riggins Medina, Administrative Analyst; Kelly Rush, Housing Program Analyst

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Blaine Carter; Kevin Burke; Cecilia Perez-Meja, Rising Juntos; Delores Ramos, Rising Juntos; Cristina Marin, Rising Juntos; Mady; John Sullivan; Rich Burris, Concord; Jo Sciarroni, Clayton; Isabel Lara, Concord; Debra Ballinger, United Latino Voices; Murthy Sama, Fremont; Quanah Parker Brightman, Richmond; Tom Ciaramitaro, Concord; Sonia Ledo, Concord; Rhovy
Antonio, California Apartment Association; Chris Tipton, East Bay Rental Housing Association; Christos Moulis, Concord; Tammy Chen; Gayle Ansell, Concord; Kate Halfon, Martinez; John DeSousa, Danville, Kristin Diaz, Concord; Micah Pearce, Concord; Dalila Quirarte, Rising Juntos; Reed Robertson, Concord; Mihaela Gough, Castro Valley, Rev. Millie Phillips, Concord; Mariana More; Tachicah Dean, San Francisco; Sophia, Concord; Crystal, Concord; Julia Quintero, Monument Impact; Sara; Amy Scott-Slovick, Martinez; Jennifer Morales, Monument Impact; Guadalupe Tolento; Maria Miranda Houdashell,
Concord; Blanca Colin, Concord; Holly Chang; Arsinoe Orihuela, Monument Impact; Laura Eberly, Concord; Ali Uscilka, Concord; Ashish Dixit, Concord; Wallace Freddie, Concord; Rami
Bazargannia, Concord; Kay; Sreenivas Ramireddy, Concord; Davina Srioudom, East Bay Housing Organizations; Joey Flegel- Mishlove, East Bay Housing Organizations; Lida Sadati,
Concord; Rami Kahlon, Concord; Christine Boschen, Concord; Vanessa Chena, Concord; Katherine Walley, Walnut Creek; Betty Gabaldon, Concord; Karen Hernandez, Concord; Joe

City Council Minutes March 25, 2025
2 Summers, Martinez; Nadine Peyrucain, Martinez; Shannon Collins, Concord; Jack Collins, Concord; Joshua Anijar, Martinez; Maria Apaza, Rising Juntos; Eric Haynes; Kristi Laughlin, EBASE; Lance Kreutzinger, Concord; Ady Olvera; Jim Yan, Concord; Joshua Howard; Eduardo Torres; Pete Bennett, Concord; Francisco G.; Ed Kellar, Concord; Erika Flores, Concord; Brandon Dawkins, SEIU 102/Labor Council; Bladimir Corzano; Jason Knight; Seneca Shaw; Craig P.; Adrian F.; Angela M.; Shantral S.; John Alex; Katia B.; Nancy Reese, Concord; Kate O’Hara, EBASE; Brennan Peterman, Concord

PUBLIC COMMENT PERIOD

Blaine Carter expressed concern with code enforcement fees.

Kevin Burke spoke about enforcing parking in red zones.

PRESENTATIONS
PROCLAMATION – American Red Cross Month
No public comment was received.

PROCLAMATION – Women’s History Month
No public comment was received.

CITY COUNCIL CONSENT CALENDAR
No public comment was received.

ADOPTION OF ORDINANCE NO. 25-2 – Amending Concord Municipal Code, Title 18 A motion was made by Hoffmeister and seconded by Benavente to adopt Ordinance No. 25-2 entitled, “An Ordinance Amending Concord Municipal Code, Title 18 (Development Code), Section

18.200.070 (Standards for Specific Uses – Emergency Shelter and Homeless Shelters) (Pl23176 - MC).” The motion passed by unanimous vote of the Council.

APPROVE PROFFESIONAL SERVICES AGREEMENT AMENDMENT – Swinerton Management & Consulting
A motion was made by Hoffmeister and seconded by Benavente to approve an amendment to the Professional Services Agreement for construction management in the amount of $189,850 (for a new not- to-exceed amount of $904,850) with Swinerton Management & Consulting for the Willow Pass and Landana Sewer Capacity Improvement Project; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

AWARD CONSTRUCTION CONTRACT AND APPROVE RELATED BUDGET TRANSFER – Residential Pavement Maintenance Phase E Project (Project Nos. 2613 and 2621) A motion was made by Hoffmeister and seconded by Benavente to approve the following:

1. Award a construction contract in the amount of $7,563,000 to Bay Cities Paving & Grading Inc. for the Residential Pavement Maintenance Phase E Project (City Project Nos. 2613 & 2621) (which includes (a) Residential streets located south of Cowell Road

City Council Minutes March 25, 2025
3 and Concord Community Park, between Ridge Park Drive and St. Francis Drive, and (b) east of Port Chicago Highway between East Olivera Road and Bonifacio Street, and (c) the portion of Port Chicago Highway between East Olivera Road and Concord Blvd); authorize staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approve a $1,980,000 budget transfer and appropriation to the Residential Phase E Project from Pavement Maintenance - Zone 2O Project (Fund 407, Measure V Lease- Revenue – PJ 2624) to PJ 2621; and

3. Authorize the City Engineer to accept the improvements upon completion of Project No. 2613 and 2621 and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

LOCAL REUSE AUTHORITY CONSENT CALENDAR

APPROVE TWELVE PROFESSIONAL/LEGAL SERVICES AGREEMENTS – Local Reuse Authority A motion was made by Hoffmeister and seconded by Benavente to adopt 12 Professional or Legal Services Agreements for various consultant services for the Local Reuse Authority’s (LRA) work related to the redevelopment of the former Concord Naval Weapons Station (CNWS) for a total not-to- exceed amount of $2,761,036 through March 31, 2026; and authorize the Executive Director of the LRA to execute the agreements in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE NO. 25-3 – Amending Concord Municipal Code Chapter 19.40 “Residential Tenant Protection Program”
Sophia Huckabay, Housing Manger, presented the staff report.

Public comment was provided by:

Cecilia Perez-Meja, Rising Juntos
Delores Ramos, Rising Juntos
Cristina Marin, Rising Juntos
Mady
John Sullivan
Rich Burris, Concord
Jo Sciarroni, Clayton
Isabel Lara, Concord
Debra Ballinger, United Latino Voices
Murthy Sama, Fremont
Quanah Parker Brightman, Richmond
Tom Ciaramitaro, Concord
Sonia Ledo, Concord
Rhovy Antonio, California Apartment Association

City Council Minutes March 25, 2025
4 Chris Tipton, East Bay Rental Housing Association
Christos Moulis, Concord
Tammy Chen
Gayle Ansell, Concord
Kate Halfon, Martinez
John DeSousa, Danville
Blaine Carter, Concord
Kristin Diaz, Concord
Micah Pearce, Concord
Dalila Quirarte, Rising Juntos
Reed Robertson, Concord
Mihaela Gough, Castro Valley
Rev. Millie Phillips, Concord
Mariana Moore
Tachicah Dean, San Francisco
Sophia, Concord
Crystal, Concord
Julia Quintero, Monument Impact
Sara
Amy Scott-Slovick, Martinez
Jennifer Morales, Monument Impact
Guadalupe Tolento
Maria Miranda Houdashell, Concord
Blanca Colin, Concord
Holly Chang
Arsinoe Orihuela, Monument Impact
Laura Eberly, Concord
Ali Uscilka, Concord
Ashish Dixit, Concord
Wallace Freddie, Concord
Rami Bazargannia, Concord
Kay
Sreenivas Ramireddy, Concord
Davina Srioudom, East Bay Housing Organizations
Joey Flegel-Mishlove, East Bay Housing Organizations
Lida Sadati, Concord
Rami Kahlon, Concord

City Council Minutes March 25, 2025
5 Christine Boschen, Concord
Vanessa Chena, Concord
Katherine Walley, Walnut Creek
Betty Gabaldon, Concord
Karen Hernandez, Concord
Joe Summers, Martinez
Nadine Peyrucain, Martinez
Shannon Collins, Concord
Jack Collins, Concord
Joshua Anijar, Martinez
Maria Apaza, Rising Juntos
Eric Haynes
Kristi Laughlin, EBASE
Lance Kreutzinger, Concord
Ady Olvera
Jim Yan, Concord
Joshua Howard
Eduardo Torres
Pete Bennett, Concord
Francisco G.

Ed Kellar, Concord
Erika Flores, Concord
Brandon Dawkins, SEIU 102/Labor Council
Bladimir Corzano
Jason Knight
Seneca Shaw
Craig P.

Adrian F.

Angela M.

Shantral S.

John Alex
Katia B.

Nancy Reese, Concord
Kate O’Hara, EBASE
Brenan Peterman, Concord
Mayor Obringer recessed the meeting at 9:40 p.m. The meeting resumed at 9:55 p.m.

City Council Minutes March 25, 2025
6 A motion was made by Benavente, and seconded by Hoffmeister to introduce an Ordinance entitled, “An Ordinance Amending Concord Municipal Code Chapter 19.40 “Residential Tenant Protection Program” to Revise Existing Provisions Thereof, Including but not Limited to Adjusting the Annual Allowable Rent Increase, and the Applicability of the “Just Cause” Provisions to Rented Single-Family Homes and Condominiums” by reading of the title only and waiving further reading. The motion passed by the following vote of the Council:

AYES: Benavente, Hoffmeister, Obringer NOES: Aliano, Nakamura ABSENT: None

CORRESPONDENCE
a. Agenda Item No. 2.a – Written Correspondence
b. Agenda Item No. 2.a – Benched Written Correspondence c. Agenda Item No. 5.a – Correspondence received between posting and 3 p.m. March 24, 2025 d. Agenda Item No. 5.a – Correspondence received between 3 p.m. March 24, 2025, and 3 p.m.

March 25, 2025
e. Agenda Item No. 5.a – Correspondence received after 3 p.m. on March 25, 2025 f. Agenda Item No. 5.a – Residential Tenant Protection Program PowerPoint Presentation g. Agenda Item No. 6.a – Letter to Ann Ewing, Chairwoman for the Delta Institute, re:

Redevelopment Assessment – 2000 Clayton Technology Building – March 3, 2025 h. Agenda Item No. 6.b – Letter to California State Assembly member Avila Farias, re:

Congratulations and looking forward to successful partnerships – March 3, 2025 i. Agenda Item No. 6.c – Letter to Contra Costa County re: support for the initiation under section 1135 of a Study of Alternatives for Fish Passage at Drop Structure #1 on Walnut Creek in Concord, California – March 3, 2025

COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on March 25, 2025, at 10:15 p.m.

CARLYN S. OBRINGER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CONCORD SENIOR CENTER
2727 PARKSIDE CIRCLE

CONCORD, CALIFORNIA
SATURDAY, MARCH 29, 2025
The Concord City Council met in a special meeting at the Concord Senior Center located at 2727 Parkside Circle, at 9:30 a.m. on Saturday, March 29, 2025, with Mayor Obringer presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano; Pablo Benavente; Laura Hoffmeister, Laura Nakamura; Carlyn Obringer
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Margaret O’Brien Director of Finance; Will Tarbox, Director of Public Works; Mindy Gentry, Director of Community
Development; Guy Bjerke, Director of Community Reuse
Planning; Steve Voorhies, Director of Recreation Services; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; Jasmin Loi, Director of Human Resources; James Nakayama, Police Captain; Kit Jory, Parks Manager; Ken Yee, Facilities Manager; Jesse Crawford, Maintenance
Superintendent; Jeff Rayos, Senior Administrative Analyst; Abhishek Parikh, Deputy Director of Public Works –
Transportation; Richard Barraco, Public Works Supervisor; Nicholas Davison, Police Sergeant; Barbie Gary, Recreation Program Manager; Amy Ramirez, Administrative Clerk II

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Hope Johnson, Concord; Anonymous; Mike Miller, Parks, Recreation, and Open Space Commission

ANNUAL WORKSHOP ON CITY COUNCIL PRIORITIES
Mayor Obringer opened the meeting and introduced City Manager Valerie Barone who provided introductions, conducted an ice breaker exercise, and reviewed the workshop ground rules and agenda.

Director of Finance Margaret O’Brien provided a presentation on the key takeaways from the March 1, 2025, City Council workshop, and following questions and comments from the City Council, Assistant City Manager Justin Ezell provided a presentation on the key accomplishments from Fiscal Year 2024-25.

Following questions and comments from the City Council, Director of Community Development Mindy Gentry, Director of Economic Development and Base Reuse Guy Bjerke, Director of Finance Margaret O’Brien, Director of Human Resources Jasmin Loi, Director of Information Technology Greg Taylor, Chief of Police Mark Bustillos, Director of Public Works Will Tarbox, and Director of Recreation Services provided departmental briefings on significant assignments and challenges for FY 2025-26.

Following questions and comments from the City Council, Mayor Obringer recessed the meeting at 12:30 p.m. The meeting resumed at 12:45 p.m.

City Council Minutes March 29, 2025
2 Following questions and comments from the City Council, Mayor Obringer opened a public comment period.

Hope Johnson, Concord, spoke of the importance of economic development focus.

Anonymous spoke of implementation of an Artificial Intelligence (AI) policy and of 9/80 work schedules.

Mike Miller, Parks, Recreation, and Open Space Commission, spoke of staff’s good work.

Mayor Obringer closed the public comment period.

Following discussion, the Council confirmed the following Tier 1 priorities for the organization for Fiscal Year 2025-26 (Tier 1 goals are required to remain a strong organizational focus by the Organization during the Fiscal Year):
• Concord Naval Weapons Station Development—Guide the Master Developer team and the City’s/LRA’s pursuit of an Economic Development Conveyance agreement with the U.S. Navy, advance infrastructure planning and resource agency permitting for the site, monitor remediation on site, and continue with community outreach in preparation for the drafting of a Specific Plan and CEQA documents.
• Implement Various Housing Element Mandates
• Unfunded Infrastructure Needs—Make progress on developing a plan to begin addressing the City’s unfunded infrastructure needs.
• Complete Labor Negotiations with POA, PMA, Teamsters, and Local 29 • Implement Enterprise Resource Planning (ERP) System
• Implement Economic Development Strategy
• Unfunded Infrastructure Needs—Make progress on developing a plan to begin addressing the City’s unfunded infrastructure needs.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on March 29, 2025, at 1:43 p.m.

CARLYN S. OBRINGER
MAYOR
______

JOELLE FOCKLER, MMC

CITY CLERK

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, APRIL 1, 2025
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, April 1, 2025, with Mayor Obringer presiding. The pledge of allegiance was led by Councilmember Aliano. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Pablo Benavente, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Monique Robinson, Deputy City Clerk; Mark Bustillos, Chief of Police; Greg Taylor, Director of Information Technology; Mindy Gentry, Director of Community Development; Mark Roberson, Police Captain; James Nakayama, Police Captain; Renee
Williams, Police Lieutenant; Matt Cain, Police Lieutenant; Carlton Thompson, City Engineer; Aldrich Bautista, Associate Civil Engineer; Deyuanne Lei, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Kay; Blaine Carter; Craig Shieman; Lisa Delano; Joshua Wagner; Joseph Alvenco, Mandy Lucin; Tyler Miller; Joanna Castillo; Kyle Kando; Anonymous

PUBLIC COMMENT PERIOD
Kay Saeyang spoke of divestment.

Blaine Carter, Concord, spoke of the need for additional security at City Council meetings.

Craig Shieman, Concord, expressed concern regarding parking enforcement.

Lisa Dell’Anno, Concord, announced a protest rally and march scheduled for April 19, 2025.

PRESENTATION
PROCLAMATION – Earth Month – Friends of Concord Creek
Public Comment was received from Craig Shieman, Concord.

PROCLAMATION – National Robotics Week, April 5-12, 2025 Public comment was received from:

Joshua Wagner, Ygnacio Valley High School
Joseph Alvarico, Ygnacio Valley High School

City Council Minutes April 1, 2025
2 Ygnacio Valley High School TeacherAmanda Louschin, Ygnacio Valley High School Vice Principal
Tyler Miller, Clayton Valley High School
Joanna Castillo, Clayton Valley High School
Kyle Kondo, Mt. Diablo High School
Mayor Obringer recessed the meeting at 7:53 p.m. The meeting resumed at 7:56 p.m.

FAMILY JUSTICE CENTER UPDATE
Public comment was received from anonymous.

CONCORD POLICE DEPARTMENT UPDATE
.

Public comment was received from Jen Grand-Lejano and Craig Shieman.

ANNOUNCEMENT
OPENINGS ON CITY BOARDS AND COMMISSIONS –Commission on Aging; Community Services Commission; Concord-Pleasant Hill Health Care District Grant Committee; and Parks, Recreation, and Open Space Commission
City Clerk Joelle Fockler announced openings on Concord’s Commission on Aging; Community Services Commission; Concord-Pleasant Hill Health Care District Grant Committee; and Parks, Recreation, and Open Space Commission, and setting a deadline of Friday, May 2, 2025, at 5 p.m. for applications to be due to the City Clerk.

No public comment was received.

CITY COUNCIL CONSENT CALENDAR
No public comment was received.

AWARD CONSTRUCTION CONTRACT, ACCEPT AND APPROPRIATE HIGHWAY SAFETY

IMPROVEMENT PROGRAM GRANT FUNDS, , APPROVE BUDGET TRANSFER AND APPROPRIATE

FUNDS, AND ACCEPT IMPROVEMENTS
A motion was made by Benavente and seconded by Aliano to;

1. Award a construction contract in the not-to-exceed amount of $261,522 to DC Electric Group, Inc., authorize staff to utilize the available project contingency for contract change orders up to an additional 20% of the contract amount for the Rectangular Rapid Flashing Beacons (RFFB) Crosswalk Enhancements (Project No. 2696) at nine locations; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and

2. Accept and Appropriate $50,016 of Highway Safety Improvement Program (HSIP) Grant funds (Fund 402) from the State of California (State) for Project No. 2696; and

3. Approve a budget transfer and appropriate $190,000 from Monument Boulevard Signal Upgrade (Project No. 2578) to Project No. 2696 (Funded by Measure V, Fund 407); and

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

The motion passed by unanimous vote of the Council.

City Council Minutes April 1, 2025
3 ACCEPT TRAFFIC SIGNAL IMPROVEMENTS – Clayton Road Traffic Operation Improvement, Phase 1, Project No 2547
A motion was made by Benavente and seconded by Aliano to accept traffic signal fiber optic cable improvements for the Clayton Road Traffic Operation Improvement, Phase 1 (Project No. 2547) located on Clayton Road Between Sutter and Market Streets; and directi the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

APPROVE STREAMBED ALTERATION AGREEMENT NOTIFICATION NO. 1600-2017-0582-R3 – California Department of Fish and Wildlife
A motion was made by Benavente and seconded by Aliano to approve the Streambed Alteration Agreement Notification No. 1600-2017-0582-R3 with the California Department of Fish and Wildlife for Newhall Park Water Quality Improvement (Project No. 2353) and authorize the City Engineer to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEM
ADOPT RESOLUTION NO. 25-7 – Approving an Exception to the 180-day waiting period to hire a California Public Employees’ Retirement System (CALPERS) Retiree Matthew Cain, Police Lieutenant, presented the staff report.

No public comment was received.

A motion was made by Benavente and seconded by Nakamura to adopt Resolution No. 25-7 entitled, “A Resolution Approving Exception to the 180-day Waiting Period to Hire a California Public Employees’ Retirement System (CalPERS) Retiree, to Work in 911-Dispatch, in Accordance with Government Code Sections 7522.56 and 21224.” The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Letter to Senator Padilla, Senator Schiff, and Congressman DeSaulnier re: Support for the remodeling and expansion of District 4 Youth Center, dated March 6, 2025 b. Letter to Senator Schiff – re: Support of White Pony Express (WPE) grant application for Community Funding Project dated March 26, 2025
c. Agenda Item No. 3.c – Family Justice Center Update – PowerPoint Presentation d. Agenda Item No. 3.d – Public Safety Update 2024 Review– PowerPoint Presentation

City Council Minutes April 1, 2025
4 COUNCIL REPORTS
There was City Council consensus to have the Policy, Development, and Internal Operations Council Committee (Obringer/Nakamura) consider a Hillcrest Park Community Garden.

Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on April 1, 2025, at 10:23 p.m.

CARLYN S. OBRINGER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CONFERENCE ROOM
1950 PARKSIDE DRIVE, WING A

CONCORD, CALIFORNIA
TUESDAY, APRIL 22, 2025
The Concord City Council met in a special meeting in the City Council Conference Room, located at 1950 Parkside Drive, Wing A, Concord, California at 5:35 p.m. on Tuesday, April 22, 2025, with Mayor Obringer presiding and all Councilmembers present. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

No public comment was received.

The meeting was recessed and immediately reconvened in a closed session on CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8 Property: Area within Concord Community Reuse Plan Agency negotiators: Valerie Barone, City Manager; Guy Bjerke, Director of Economic Development & Base Reuse Negotiating parties: Erica Spinelli, Department of the Navy Under negotiation: Price, Terms of Payment

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on April 22, 2025, at 6:27 p.m.

CARLYN S. OBRINGER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, APRIL 22, 2025
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, April 22, 2025, with Mayor Obringer presiding. Mayor Obringer requested a moment of silence in memory of Pope Francis. The pledge of allegiance was led by Councilmember Benavente. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Pablo Benavente, Laura Hoffmeister (arrived at 7:05 p.m.), Laura Nakamura, Carlyn Obringer STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Monique Robinson, Deputy City Clerk; Brandi Hendricks,
Administrative Assistant II; Mark Bustillos, Chief of Police; Greg Taylor, Director of Information Technology; Mindy Gentry, Director of Community Development Guy Bjerke, Director of Economic Development and Base Reuse; James Nakayama,
Police Captain; Olle Sansen, Police Sergeant; Barbie Gary, Program Manager; James Peavey, Human Resources Manager; Kit Jory, Parks Manager; Sophia Huckabay, Housing Manager; Kelly Rush, Housing Program Analyst

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Kay Saeyang; Edward James Disibio, Pittsburg; Denise Rundall, Antioch; Blaine Carter, Concord; Wendy Hershey, Concord; Judy Weil, Danville; Jeffry Weil, Alamo; Ed Kellar, Concord; Rhovy Lyn Antonio, California Apartment Association; Wallace Freddie, Concord; Del, Concord; Amy Scott-Slovick, Martinez; Jo Siarroni, Clayton; Joe Stokley, Pleasant Hill; Jennifer Stout, Concord; Tahirah Dean, San Francisco; Laura Eberly, Concord; Millie Phillips, Concord; Danny Espinoza, Concord; Cecila Perez- Mejia, Rising Juntos; Blanca Colin, Rising Juntos; Elliott Fliehmann, Concord; Crystal, Concord; Juan, Concord; Toby Anderson, Walnut Creek; Reed Robertson, Concord; William Britton, Concord; Renee Seaton; Katie Halfon, Martinez; Doug Jones, San Leandro; William Colin, Concord; Joe Summers, Martinez; Leslie Baxter, Concord; Ken Kent, Concord; Jackson Brody, Concord; Maria DeSousa, Concord; John DeSousa,
Concord; Jim Yan, Concord; Brandon Dawkins, Contra Costa Labor Counci; Kristin Davis, Concord; Kristi Laughlin, Raise the Roof; Jennifer Morales, Monument Impact; Betty Gabaldon, Concord; Davina Srioudom, East Bay Housing Organizations; Karen Hernandez, Centro Legal De La Raza; Joey Flegel-
Mishlove, East Bay Housing Organizations; Debra Ballinger, United Latino Voices; Chris Schildt, Urban Habitat; Janice

City Council Minutes April 22, 2025
2 Andrews, Pittsburg; Tammy Chen; Lance Kreutsinger, Concord; Eric Haynes; Ady Olvera

PUBLIC COMMENT PERIOD
Kay Saeyang spoke of divestment.

Edward James DiSibio, Pittsburg,requested information on a neighborhood watch program.

Denise Rundall, Antioch, spoke about the month of September being Childhood Cancer Awareness month.

Blaine Carter, Concord, spokeabout multifamily inspection fees for repeat inspections.

Wendy Hershey, Concord, spoke about Earth Day and divestment.

PRESENTATION
PROCLAMATION - Volunteer Appreciation Month
No public comment was received.

PROCLAMATION - Afterschool Professionals’ Week
No public comment was received.

PROCLAMATION – Earth Day
No public comment was received.

PROCLAMATION – Arbor Day
No public comment was received.

CITY COUNCIL CONSENT CALENDAR
No public comment was received.

ADOPT RESOLUTION NO. 25-8 – Revising Policy & Procedure 37.22 – Military Leave, retroactive to January 1, 2025.

A motion was made by Nakamura and seconded by Aliano to adopt Resolution No. 25-8 entitled, “A Resolution Amending Policy & Procedure 37.22 Military Leave Retroactive to January 1, 2025.” The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 25-9 – Accepting and Appropriating Grant Funding from the Contra Costa Transportation Authority (CCTA)
A motion was made by Nakamura and seconded by Aliano to adopt Resolution No. 25-9 entitled, “A Resolution Accepting and Appropriating Grant Funding from the Contra Costa Transportation Authority (CCTA) in the amount of $220,750 to Support and Expand the Senior Transportation Program, Project No. 2792.” The motion passed by unanimous vote of the Council.

City Council Minutes April 22, 2025
3 APPROVE LICENSE AGREEMENT – Six Flags Concord LLC
A motion was made by Nakamura and seconded by Aliano to approve a License Agreement with Six Flags Concord LLC for a fee of $1,875 per month from May to September and $1,000 per month from October to April each year and to allow Six Flags staff to utilize a maintenance building on City of Concord's property located on Waterworld Way; and authorize the City Manager to sign the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NOS. 25-10, 25-11, 25-12, AND 25-13 – Ordering Preparation of the Engineer’s Reports for the Levy of Fiscal Year 2025-26 Assessments for the City’s Four Landscape and Lighting Maintenance Assessment Districts
This item was pulled from consideration on the Consent Calendar by Councilmember Nakamura who recused herself from the item due to economic interest in real property resulting from proximity to her primary residence and left the dais.

No public comment was received.

A motion was made by Aliano and seconded by Benavente to adopt Resolution No. 25-10 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Downtown Landscape Maintenance District.” The motion passed by the following vote:

AYES: Aliano, Benavente, Hoffmeister, Obringer NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Benavente to adopt Resolution No. 25-11 entitled, “A Resolution Ordering the Preparation of an Engineers Report for the Pine Hollow Landscape and Lighting Maintenance District.” The motion passed by the following vote:

AYES: Aliano, Benavente, Hoffmeister, Obringer NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Benavente to adopt Resolution No. 25-12 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Landscape and Lighting Maintenance District No. 3.” The motion passed by the following vote:

AYES: Aliano, Benavente, Hoffmeister, Obringer NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Benavente to adopt Resolution No. 25-13 entitled, “A Resolution Ordering the Preparation of an Engineer's Report for the Citywide Street Lighting Assessment District.” The motion passed by the following vote:

AYES: Aliano, Benavente, Hoffmeister, Obringer NOES: None ABSENT: Nakamura Councilmember Nakamura returned to the dais.

APPOINTMENTS TO THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE – Martin Steinpress, Jency James, and Carlos Montalvo
A motion was made by Nakamura and seconded by Aliano to appoint Martin Steinpress, Jency James, and Carlos Montalvo to the Bicycle and Pedestrian Advisory Committee for four-year terms ending February 28, 2029, as recommended by the Council Committee on Infrastructure and Franchise (Aliano/Hoffmeister). The motion passed by unanimous vote of the Council.

APPOINTMENTS TO THE DESIGN REVIEW BOARD – Jill Finn and Darren Kelly A motion was made by Nakamura and seconded by Aliano to appoint Jill Finn and Darren Kelly to the Design Review Board for four-year terms ending February 28, 2029, as recommended by the Council

City Council Minutes April 22, 2025
4 Committee on Housing and Economic Development (Hoffmeister/Obringer). The motion passed by unanimous vote of the Council.

APPROVAL OF ON-CALL TREE MAINTENANCE SERVICES AGREEMENTS – J.T.S. Tree Experts, Mountain F. Enterprises, Inc, SavATree LLC
A motion was made by Nakamura and seconded by Aliano to approve Maintenance Services Agreements to provide on-call tree maintenance with three firms for up to five (5) years with the option for three (3) one-year extensions, at annual no-to-exceed amounts, as follows:

1. J.T.S. Tree Experts, Inc. in the not-to-exceed amount of $895,000 per year to complete on-call tree maintenance, tree planting, and tree-related crane services in parks, opens space, and other City- maintained property;

2. Mountain F Enterprises, Inc. in the not-to-exceed amount of $400,000 per year to complete on- call tree maintenance for City-maintained street trees and other trees that may impact sewers; and

3. SavATree LLC in the not-to-exceed amount of $225,000 per year for emergency response to City-maintained and private property trees that impact the rights-of-way; and authorize the City Manager to execute the agreements in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPOINTMENT OF INCUMBENTS TO THE CONCORD PAVILION COMMUNITY OUTREACH COMMITTEE – Cedric Cheng and Lance LeDrew
A motion was made by Nakamura and seconded by Aliano to appoint incumbents Carlos Cheng and Lance LeDrew to the Concord Pavilion Community Outreach Committee for four-year terms ending February 28, 2029, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Nakamura/Benavente). The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 25-14 – Concord Police Department AB 481 2024 Military Equipment Report, 2025 Military Equipment Inventory
A motion was made by Nakamura and seconded by Aliano to adopt Resolution No. 25-14 entitled, “A Resolution Accepting the Concord Police Department AB 481 2024 Military Equipment Report, 2025 Military Equipment Inventory, and Approving the Continued Use of Existing Military Equipment Policy”. The motion passed by unanimous vote of the Council.

APPROVE MAINTENANCE SERVICE AGREEMENT – Palomas Landscape Inc A motion was made by Nakamura and seconded by Aliano to approve a Maintenance Service Agreement with Palomas Landscape Inc. for turf management and surface maintenance services for a three-year term, with three one-year extensions, in the amount of $190,000 per fiscal year and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

LOCAL REUSE AUTHORITY CONSENT CALENDAR
APPROVE REVISED MEMORANDUM OF UNDERSTANDING (MOU) – Contra Costa Transportation Authority (CCTA)
A motion was made by Nakamura and seconded by Aliano to approve the revised Memorandum of Understanding (MOU) between the Contra Costa Transportation Authority (CCTA) and the City of Concord Local Reuse Authority (LRA) on the development and operation of the Connected and Automated Vehicles (CAV) Program on the former Concord Naval Weapons Station (CNWS) and

City Council Minutes April 22, 2025
5 authorize the City Manager to execute the document. The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEM
ADOPT ORDINANCE 25-3 – Amending Concord Municipal Code Chapter 19.40, Residential Tenant Protection Program
Public comment was provided by:

Judy Weil, Danville
Jeffry Weil, Alamo
Ed Kellar, Concord
Rhovy Lyn Antonio, California Apartment Association
Wallace Freddie, Concord
Del, Concord
Amy Scott-Slovick, Martinez
Jo Sciarroni, Clayton
Joe Stokley, Pleasant Hill
Jennifer Stout, Concord
Tahirah Dean, San Francisco
Laura Eberly, Concord
Rodney Lemery, Concord
Millie Phillips, Concord
Danny Espinoza, Concord
Cecila Perez-Mejia, Rising Juntos
Cristina Marin, Rising Juntos
Obdulia Sanchez, Rising Juntos
Blanca Colin, Rising Juntos
Elliott Fliehmann, Concord
Bathsheba Birman, Concord
Crystal, Concord
Juan, Concord
Toby Anderson, Walnut Creek
Reed Robertson, Concord
William Britton, Concord
Renee Seaton
Katie Halfon Martinez
Doug Jones, San Leandro
William Colin, Concord
Joe Summers, Martinez

City Council Minutes April 22, 2025
6 Leslie Baxter, Concord
Ken Kent, Concord
Jackson Brody, Concord
Maria DeSousa, Concord
John DeSousa, Concord
Blaine Carter, Concord
Jim Yan, Concord
Brandon Dawkins, Contra Costa Labor Council
Kristin Davis, Concord
Kristi Laughlin, Raise the Roof
Jennifer Morales, Monument Impact
Betty Gabaldon, Concord
Davina Srioudom, East Bay Housing Organizations
Karen Hernandez, Centro Legal De La Raza
Joey Flegel-Mishlove, East Bay Housing Organizations
Debra Ballinger, United Latino Voices
Chris Schildt, Urban Habitat
Janice Andrews, Pittsburg
Tammy Chen
Lance Kreutsinger, Concord
Eric Haynes
Ady Olvera
A motion was made by Benavente and seconded by Hoffmeister to adopt Ordinance No. 25-3 entitled, “An Ordinance Amending Concord Municipal Code Chapter 19.40 ‘Residential Tenant Protection Program’ to Revise Existing Provisions Thereof, Including but not Limited to Adjusting the Annual Allowable Rent Increase, and the Applicability of the ‘Just Cause’ Provisions to Rented Single-Family Homes and Condominiums.” Ordinance No. 25-3 was introduced on March 25, 2025, by reading of the title only and waiving further reading. The motion passed by the following vote of the Council:

AYES: Benavente, Hoffmeister, Obringer NOES: Aliano, Nakamura ABSENT: None Mayor Obringer recessed the meeting at 8:46 p.m. The meeting resumed at 8:58 p.m.

CORRESPONDENCE
a. Letter to Hon. Mark DeSaulnier re: Support for East Bay Regional Park District South of Bailey Road – Community Development Project – March 28, 2025
b. Letter to Hon. Scott Wiener re: SB 79 (Wiener) Transit-Oriented Development Notice of Opposition – April 7, 2025
c. Letter to Hon. Maria Elena Durzo re: SB 634 (Perez) Homelessness: civil and criminal penalties Notice of Opposition (as amended 03/26/25) – April 14, 2025 d. Letter to Grant Committee re: Support for La Concordia Wellness Center – April 14, 2025

City Council Minutes April 22, 2025
7 e. Letter to Hon. Mark DeSaulnier re: Support for the San Francisco Bay Area Rapid Transit District’s Station LED Lighting Program – April 8, 2025 f. Letter to Assemblymember Anamarie Avila Farias – April 8, 2025 g. Agenda Item No. 4.a, Rent Stabilization Benched Correspondence

COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on April 22, 2025, at 9:32 p.m.

CARLYN S. OBRINGER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

6 Ord. No. 25-6
ORDINANCE NO. 25-6
AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE, TITLE 5
(BUSINESS LICENSES AND REGULATIONS), SECTION 5.90.010
(DEFINITIONS), TITLE 12 (STREET, SIDEWALKS, AND OTHER
PUBLIC PLACES), CHAPTER 12.50 (VENDORS), AND TITLE 18
(DEVELOPMENT CODE), SECTIONS 18.20.030 (DEFINITIONS),

18.200.210 (FOOD VENDOR GROUP SITES), AND ADDING TITLE 12, CHAPTER 12.55 (SIDEWALK VENDING)
WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Concord (“City”) zoning laws, ordinances, rules, and regulations; and WHEREAS, the City has, from time to time, made amendments to its Municipal Code to conform with state law, and to clarify and/or improve review processes; and WHEREAS, in light of recent state law enactments and decisions, most notably Senate Bills 946 (Safe Sidewalk Vending Act) and 972, the City Council has identified amendments to be made to the Municipal Code related to regulations on sidewalk vendors and other vending activities to protect the public health, safety, and welfare; and
WHEREAS, on January 28, 2025, the City Council approved a workplan for updates to the Municipal Code, including Title 12 (Streets, Sidewalks, and Other Public Places) and Title 18 (Development Code); and
WHEREAS, Municipal Code amendments are necessary to conform with state law; protect the public health, safety, and welfare; clarify or improve processes; and ensure internal consistency across the Municipal Code; and
WHEREAS, on April 2, 2025, the Planning Commission, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on the proposed amendments to Title 18, Sections 18.20.030 (Definitions) and 18.200.210 (Food Vendor Group Sites) (“Development Code Amendments”); and
WHEREAS, the Planning Commission considered testimony and information received at the public hearing and the oral and written reports from City staff dated April 2, 2025, as well as other documents contained in the record of proceedings relating to the Development Code Amendments, which are maintained at the offices of the City of Concord Planning Division, (“Planning Commission

4.b4.b4.b4.b4.b

6 Ord. No. 25-6
Information”); and
WHEREAS, on April 2, 2025, the Planning Commission, after consideration of all pertinent plans, documents, and testimony, declared its intent to recommend approval of the subject proposal; and WHEREAS, following the April 2, 2025 public hearing, the Planning Commission adopted Resolution No. 25-05 PC (Ayes: Patel, Laub, Barbour, Corio, Mizutani) recommending City Council approval of an Ordinance amending Concord Municipal Code, Title 18 (Development Code), Sections

18.20.030 (Definitions) and 18.200.210 (Food Vendor Group Sites) as contained in Exhibit C; and WHEREAS, the City Council, after giving all public notices required by state law and the Municipal Code, held a duly noticed public hearing on June 3, 2025 to consider this Ordinance; and WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments and at the public hearing, the oral report from City staff, the written report from City staff dated June 3, 2025, attached materials, exhibits presented, the Planning Commission Information, and all other information that constitutes the record of proceedings relating to the proposed Ordinance, which are maintained at the offices of the City of Concord City Clerk (collectively, “City Council Information”), and declared its intent to approve and adopt the Ordinance.

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

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

Section 2. The City Council has reviewed, considered, and evaluated all of the City Council Information, all other pertinent plans, documents, and testimony prior to acting upon Ordinance.

Section 3. The documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.

Section 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that the proposed Municipal Code amendments are exempt from CEQA pursuant to Public Resources Code 21065 and CEQA Guidelines Section 15060(c)(2),

6 Ord. No. 25-6
15060(c)(3), or 15378 in that they do not constitute a “project” as defined by CEQA since they do not have the potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. If the Ordinance did constitute a “project” under CEQA, the Ordinance falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding 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…” Therefore, the proposed Municipal Code amendments do not warrant further environmental review.

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

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

The proposed Development Code Amendments would clarify how Food Vendor Group Site regulations relate to other vending regulations found in Title 12 of the Concord Municipal Code (CMC) and remove ambiguity regarding provisions of the Development Code. The amendments would not change any allowable land uses, densities or intensities, or growth management policies. The proposed amendments are consistent with the General Plan’s Economic Vitality Element because they enhance linkages between economic development, land use, and zoning; foster entrepreneurship and innovative business development; and improve the City’s permitting processes. For these reasons, the proposed Development Code Amendments are in conformance with the General Plan.
2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

The proposed Development Code Amendments would clarify City procedures and ensure consistency across the CMC related to food vending. The amendments would not materially change the regulation of City Food Vendor Group Sites and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Food vendors would continue to be subject to health and operating regulations to safeguard public health, safety, and welfare. In fact, proposed amendments would establish and clarify regulations related to

6 Ord. No. 25-6
dust-free surfaces, permitted signage, waste and recycling requirements, and hours of operation, all of which would further protect the public interest, health, safety, convenience, and/or welfare. Moreover, the City will continue to have discretion over any Food Vendor Group Sites facilitated by the proposed Development Code Amendments and the City will evaluate future proposals against applicable policies to ensure vending operations will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 3) Zoning map amendments shall also find that the affected site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for the requested zoning designation and proposed or anticipated uses and/or development.

The project does not include any zoning map amendments.

Section 6. The City Council hereby finds that the Ordinance is necessary to protect the to protect the public health, safety, and welfare and complies with the requirements of both Senate Bills 946 and 972.

Section 7. The City Council does hereby pass and adopt this Ordinance No. 25-6. Concord Municipal Code, Title 5 (Business Licenses and Regulations), Section 5.90.010 (Definitions), Title 12 (Streets, Sidewalks, and Other Public Places), Chapter 12.50 (Vendors), and Title 18 (Development Code), Sections 18.20.030 (Definitions) and 18.200.210 (Food Vendor Group Sites) are hereby amended, and Title 12, Chapter 12.55 (Sidewalk Vending) is hereby added, as set forth in Exhibits A, B, and C and attached hereto and made a part hereof.

Section 8. This Ordinance No. 25-6 shall become effective thirty (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and

6 Ord. No. 25-6
once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

Mayor
ATTEST
Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 25-6 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on June 3, 2025, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on MONTH DAY, 2025, by the following vote:

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

Joelle Fockler, MMC
City Clerk

6 Ord. No. 25-6
Exhibits:

A: Concord Municipal Code Title 5 (Business Licenses and Regulations), Section 5.90.010 (Definitions)
B: Concord Municipal Code Title 12 (Streets, Sidewalks, and Other Public Places), Chapters 12.50 (Vendors) and 12.55 (Sidewalk Vending) C: Concord Municipal Code Title 18, Sections 18.20.030 (Definitions) and

18.200.210 (Food Vendor Group Sites)

Chapter 5.90

SOLICITORS AND PEDDLERS
Sections:

5.90.010 Definitions.

5.90.020 Permit requirements and exemptions.

5.90.030 Permit for sponsoring juvenile peddlers.

5.90.040 Permit application.

5.90.050 Fees.

5.90.060 Application review and permit issuance.

5.90.070 Denial of permit.

5.90.080 Permit expiration.

5.90.090 Permit exhibition.

5.90.100 Transfer prohibited.

5.90.110 Entry upon signed premises unlawful.

5.90.120 Hours of solicitation

5.90.130 Permit revocation and temporary suspension.

5.90.140 Notice and hearing.

5.90.150 Appeals

5.90.160 Claims of exemption.

5.90.170 Violations and penalty.

5.90.180 Conflicting ordinances repealed.

5.90.190 Severability

5.90.010 Definitions.
(a) The following words, terms, and phrases, and their derivations, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

1. Charitable means and includes the words patriotic, philanthropic, social service, health, welfare, benevolent educational, civic, cultural or fraternal, either actual or purported.

2. Contributions mean and include the words alms, money, subscription, property or any donations under a guise of a loan or money or property.

3. Department means the Police Department.

4. Hearing Officer means the City Manager of the City or the designee thereof, provided that the designee shall not be the permitting authority or the Police Chief.

5. Non Commercial Purposes means the purpose of any nonprofit organization which has obtained recognized state or federal tax exempt status.

6. Permit Holder means the person to whom the permit is issued.

7. Peddler means any person who goes upon any private property in the City, not having been invited by the occupant thereof, carrying or transporting goods, wares, magazines, merchandise or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this Exhibit A

Article. Expressly excluded from this definition are persons under the age of 18 years who are selling goods for non-commercial purposes, and sidewalk vendors as defined in Concord Municipal Code Chapter 12.55.

8. Peddling includes all activities ordinarily performed by a peddler as indicated under paragraph 7 of this Section.

9. Permitting Authority means the City Police Department.

10. Person means a natural person or any firm, corporation, association, club, society or other organization.

11. Police Chief means the Chief of Police of the City, or his/her authorized representative.

12. Political means of or related to a local, state or national election conducted by a governmental entity.

13. Purchase means the buying of, offering to buy or the giving of an order for, anything of value, including but not limited to, goods, wares, merchandise, services, tickets, publications and subscriptions to publications.

14. Principal means the sponsoring company, organization or other entity which employs, authorizes or sponsors the solicitor(s) or peddler(s), whether as employees, agents or independent contractors.

15. Solicitor means any person who goes upon any private property in the City, not having been invited by the occupant thereof, for the purpose of directly contacting the occupant to take or attempt to take orders for the sale of goods, merchandise, wares, magazines, or other personal property of any nature for future delivery, or for services to be performed in the future. This definition also includes any person who, without invitation, goes upon private property, to request contribution of funds or anything of value, or sell goods or services for, charitable, religious, or other non-commercial purposes.

16. Solicitation includes all activities ordinarily performed by a solicitor as indicated under paragraph 15 of this Section.

17. Sponsor shall have the same meaning as Principal.
(Code 2002, § 18-441. Ord. No. 06-6)
Exhibit A

Title 12

STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES
Chapters:

12.05 Construction of Public Improvements

12.10 Sidewalk and Street Obstructions

12.15 Street Encroachments

12.20 Building Line Setbacks

12.25 Driveways, Curbs, and Sidewalks

12.30 Addressing

12.35 Newsracks

12.40 Parades

12.45 Sidewalk Cafes

12.50 Vendors

12.55 Sidewalk Vending
Exhibit B

Chapter 12.50

VENDORS
Sections:

12.50.010 Findings; intent.

12.50.020 Definitions.

12.50.030 Vending locations; permits and business licenses; vendor operations.

12.50.040 Vendor licenses.

12.50.050 Vendor operationsOperating regulations.

12.50.060 Exemptions.

12.50.070 Procedures and guidelines.

12.50.010 Findings; intent.
(a) The City Council finds that vending by the use of vendor vehicles and carts must be regulated by enactment of this article to ensure the public safety of those traveling on city streets and sidewalks. Vendors operating motor vehicles and vending carts on public or private streets, public rights-of-way, and private property, including construction sites, present a potential safety hazard to motorists, pedestrians, vendor operators, and their patrons due to street geometries, traffic circulation patterns, emergency access, and travel speeds. (b) Vendors operating motor vehicles and vending carts on public or private streets and public rights-of-way within the city present a hazard to motorists, pedestrians, and vendor operators and their patrons. Potential safety hazards may arise from street geometrics, traffic circulation patterns, and from differences between motor vehicles and vendor vehicle travel speeds, especially on arterial streets. Vendor carts operating on the shoulders of streets would be susceptible to a significant degree of accident vulnerability particularly at intersections with higher speeds and traffic volumes. Allowing vendor carts upon public sidewalks is not a reasonable alternative because of limited maneuvering space and pedestrian safety considerations. Lack of or diminished space due to vendors locating on sidewalks could force pedestrians onto busy streets. Locations of street fixtures such as utility vaults, power poles, streetlight standards, traffic signal lights, fire hydrants, street trees, public signs, and mailboxes further constrain available sidewalk space.
(c(b) The intent of this article is to regulate the sale of food, wares, merchandise, and services by vendors in the city.

Vendors, including but not limited to vendor motor vehicles, vendor carts, and all other outdoor sales, except those activities, except as identified in section 12.50.040 (exemptions) exempted by the provisions of this article and CDC

18.200.210, shall be allowed in the city only as permitted by this article.Chapter. (Code 1965, § 6800; Code 2002, § 90-101. Ord. No. 96-8)

12.50.020 Definitions.

The following definitions shall apply to words used in this articleChapter 12.50:

Cart. Any pushcart, pedal-driven cart, wagon, bicycle, tricycle, display, rack, showcase, stand, table, or other non- motorized cart or conveyance (that is not a vehicle as defined in the California Vehicle Code), other wheeled container or mechanism, and includes a stationary cart or a roaming cart.

Ice cream truck. A motor vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under 12 years of age, as provided in California Vehicle Code Section 22456, as amended.

Vendor. A person who sells, offers to sell, barters, exchanges, distributes, or displays, whether gratis, or for any type of compensation or donation, any type of food, wares, merchandise, samples, coupons, or service at any location other than within a building or structure constructed on a permanent foundation which is occupied, rented, leased, or owned by that person. A person engaged in a business conducted from a building or structure constructed on a

permanent foundation that involves outdoor display, sale, or storage of the same types of goods or merchandise sold as part of the primary business activity on those premises shall not be considered a vendor under this article.

Activities identified in section 12.50.040 of this article shall not be categorized as a vendor. Sidewalk cafes regulated by Chapter 12.45 are not considered to be vendors under this article.Chapter. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this Chapter.

Vendor cart. A small nonmotorized vehicle equipped with a container(s) for food, wares, or other merchandise, and/or services offered for sale, barter, or exchange.

Vendor motor vehicle. A motor vehicle from which food items, wares, or other merchandise and/or services are offered for sale, barter, or exchange. A vendor motor vehicle is any vehicle used for commercial purposes including, but not limited to, travel trailers, recreational vehicles, and vans.

Vendor license. A license required for vendors to operate as specified in this Chapter. A vendor license is not required for ice cream trucks, vendors serving construction sites pursuant to Section 12.50.030(a)(1) of this Chapter, or vendors approved as a food vendor group site pursuant to CMC Section 18.200.210 or with a temporary use permit pursuant to CMC Section 18.200.200. Any vendor license issued under this Chapter is a revocable license; the issuance or granting of a license under this Chapter expressly does not constitute or provide for a permanent right or vested land use right.
(Code 1965, § 6801; Code 2002, § 90-102. Ord. No. 96-8)

12.50.030 Vending locations ; permits and business licenses; vendor operations.. (a) Authority to vend on public or private property. A vendor may be permitted to operate only at on public streets, public andrights-of-way, or private property as authorized by this section, subject to first obtaining a written city permit. This section does not apply to. Unless otherwise specified, a vendor on public property not owned by the city if permission to vend has been granted by the property owner or on private property where permission to vend has been granted by city permitlicense is required for all vending authorized under this Chapter. (a) Private property. Vending at private property is not allowed except as follows:
(1) Construction Sites Vendor motor vehicles. On private property, which is not an approved food vendor group site, vendor motor vehicles are allowed only Vendor motor vehicles and vendor carts are permitted at construction sites. Such vehicles may without a vendor license when in compliance with the following standards:
a. Vendors shall not stop at aany construction site for no more than 30 minutes without moving to a new location at least 300 feet removed therefrom. Such vehicles may not return to a location where they have previously stopped to vend within the previous three hoursone hour or more than once during any three- hour period.
(2) Nonmotorized carts. Vendor carts are allowed on private property only pursuant to a city administrative permit or minor use permit. Vendor carts are allowed on construction sites only pursuant to an administrative permit. The approving authority may impose reasonable conditions as provided in subsection (g)(2) of this section. At construction sites on private property, vendor carts may stop for no more than 30 minutes without moving to a new location at least 300 feet removed therefrom. Such carts may not return to a location where they have been previously stopped to vend within the previous three hours. (3) Vendors prohibited in Downtown Business Zoning District. Vendors shall not be permitted to operate at any publicly owned location in the Downtown Business Zoning District except as authorized by subsection (b)(2) of this section pursuant to a valid minor use permit.
(b) Special vendor activities and locations.

(1) Schools. Vending is allowed at public or private schools, attendance at which satisfies the state requirements for compulsory education, when sponsored or co-sponsored by the school, provided all licenses required by state law or county ordinance are obtained. (2) City parks, recreation areas, and city facilities. A vendor may operate within a public park, recreation area, or city facility only when licensed by the city as a concessionaire or when authorized by the city. The city may require a use permit for longterm vending on city-owned property. (3) Community events, activities, and fundraisers. Vending is allowed at public and private property as a part of special events, subject to prior city approval, provided these occur no more frequently than one per season and not to exceed a maximum of four times per year. Events sponsored by the city or private events authorized on city-owned property shall be exempt from these provisions. b. Vendors shall ensure a four-foot path of travel, or an amount otherwise required by federal or state law, is maintained on public sidewalks or pedestrian paths of travel. c. Vending activities shall not be conducted before 7:30 a.m. or after 6:00 p.m. Monday through Friday. No vending shall be conducted at construction sites on weekends. d. Vendors shall not impede circulation or block driveways, drive aisles, emergency access, or site improvements which are required for other businesses or uses on the property. (2) Food vendor group sites. Requires a minor use permit or administrative permit pursuant to CMC Title 18. (b) Public streets or rights-of way(c) Permitted vending from vendor motor vehicles. Vending is allowed only from vendor motor vehicles (not from carts) subject to a vendor The Chief of license from the Planning shall have authority to determine appropriate locations for vending from vendor motor vehicles. Motor vehicle vendors willDivision. Such vehicles shall not be allowed to operate on public streets or rights-of-way where a public safety hazard exists or potentially exists,. Criteria to be used in determining whether a motor vehicle vendor can operate safely in the street or public rights-of-way are specified in subsection (c)(1) of this section. and the approving authority may impose reasonable conditions as provided in Section 12.50.070 of this Chapter. The Planning Division may use, but is not limited to, the following criteria to determine the suitability of vending from motor vehicles:
(1) The Chief of Planning may use, but is not limited to, the following criteria to determine the suitability of vending from motor vehicles:
a. Creation of pedestrian safety hazards;
b. Road geometrics (e.g., design, alignment, configuration, width, vehicle sight-line distance) relative to pedestrian and vehicular safety;
c. Impediments to traffic flows;
d. Traffic congestion patterns, circulation movements, and average daily traffic (ADT) volumes [on the] street;
e. Speed limits and traffic speeds;
f. Traffic studies and accident rates;
g. On-street parking requirements in residential neighborhoods; h. Any other factor deemed to be a potential safety hazard by the Chief of Planning. (2) If the Chief of Planning(1) The vendor motor vehicle shall only park where there is legal on-street parking that is large enough to accommodate the vehicle without any part of the vehicle length or width encroaching on the traveled way. The motor vehicle shall occupy no more than 40 feet of length.

(2) Vendors shall comply with all color curb controls and parking restrictions, including any posted signs or notices.
(3) There shall be at least four feet of clearance on the sidewalk or pedestrian area abutting the vendor motor vehicle during vending operations.
(4) If the Planning Division determines that a vendor negatively affects vehicular or pedestrian safety, the vendor activity shall be prohibited.
(3) In residential districts, vendor motor vehicles shall comply with Vehicle Code § 22455 and Title 10 of this Code.
(5) Vendors shall not be permitted to operate in the Downtown Pedestrian or Downtown Mixed Use Zoning Districts, except as authorized by the City.
(6) Vendors shall not be permitted to operate within 100 feet of another stationary vendor with a valid vendor license, (i.e., motor vehicle or sidewalk vendor) or Food Vendor Group Site as defined in CMC 18.200.210. (7) Vending within 100 feet of the property line of any school shall not be permitted during lunch or within one hour before or one hour after school drop off and pick up operations. (8) Vending on streets immediately adjacent to a City park shall be prohibited, except as authorized by the City.
(9) Vendors shall be prohibited on streets in or abutting residential districts, except as otherwise allowed in special vendor activities and locations below.
(c) Special vendor activities and locations.
(1) Ice cream trucks are permitted without a vendor license on streets with a posted speed limit of 25 miles per hour or less. Ice cream trucks shall comply with California Vehicle Code Section 22456. (2) Solano Flea Market. Up to five vendor motor vehicles are permitted in the designated area on Arnold Industrial Place, subject to a vendor license from the Planning Division. (3) Vending is permitted without a vendor license at community and neighborhood events and fundraisers provided these occur no more frequently than three times per year at any specific address, the vendor is invited by the person or entity hosting the event (i.e., person or entity with possession or control of the adjacent property), and no event may exceed two consecutive days.(d) Prohibited vendor motor vehicle locations. Based upon traffic volumes which exceed 15,000 average daily vehicles or a posted traffic speed of 35 miles per hour or greater, the following streets are determined to be unsuitable for vendor motor vehicles:
(1) Clayton Road from Highway 680 to the eastern city boundary; (2) Concord Avenue from Contra Costa Boulevard to Salvio Street; (3) Concord Boulevard from Galindo Street to the eastern city boundary; (4) Denkinger Road from Concord Boulevard to Clayton Road; (5) Galindo Street from Cowell Road to Salvio Street;
(6) Kirker Pass Road from the northeast city boundary to Clayton Road; (7) Monument Boulevard from the western city boundary to Cowell Road; (8) Port Chicago Highway from the northern city boundary to Salvio Street; (9) Treat Boulevard from Clayton Road to the southwestern city boundary;

(10) Willow Pass Road from Contra Costa Boulevard to the city boundary; (11) Ygnacio Valley Road from Clayton Road towestern city boundary; (12) Market Street from Concord Avenue to the connection with Meadow Lane.

Streets with speed limits which change to 35 miles per hour or greater following adoption of this article will automatically be deemed unsuitable for vendor motor vehicles.Additional authority of Chief of Planning to designate prohibited locations. In addition to those streets identified in subsection (d) of this section, the Chief of Planning in consultation with the Director of Engineering and Transportation may designate other streets, roads, and public rights-of-way where vendors are not permitted to operate.12.050.040 Vendor licenses. (a) Review Authority. The Planning Division shall be the review authority for vendor licenses. (e) b) Application and permitlicense procedures.
(1) A person desiring to engage in a vendor operation as defined by this section shall submit a written application in a form acceptable to and with all supporting information required by the Chief of Planning Division. Prior to initiating any vending operations, all necessary approvals shall be obtained, including a permitvendor license from the Chief of Planning Division, Zoning Administrator, or Planning Commission as appropriateand the permits and licenses listed below.
(2) There shall be a nonrefundable, nontransferable fee for processing an application under this section. The fee shall be that established by the City Council in the Resolution of Fees and Charges. (3) Vendor applicants must provide the city with written authorization of the proposed activity from the property owner prior to submitting an application for a vendor’s permit. (4)a. Business license. Every vendor shall obtain a city business license in accordance with CMC Chapter

5.05 of this Code and comply with any other related state licensing, as applicable. b. County Environmental Health Division consumer protection permit. A permit is required from the Ccounty Environmental Health Department in order to sell or offer food and/or beverages for sale. Such permits shall be obtained prior to and a copy submitted along with the vendor application materials required by the city.
c. State seller’ s permit. Vendors must obtain a seller’s permit issued by the California Department of Tax and Fee Administration.
(2) Every vendor operating a vendor motor vehicle shall provide proof of a valid California driver’s license, current vehicle registration, a copy of an applicable vehicle insurance policy, and personalgeneral liability and property damage insurance policy, or a certificate in lieu of delivery of actual policiestogether with an insured endorsement, in a form and amounts acceptable to the City Attorney. Such policies shall name the city as an additional insured.
(53) To the extent permitted by law, Approved approved vendors operating on public streets or rights-of-way shall enter into an agreement indemnifying, defending, holding harmless, and agreement releasing the Ccity of all liability in the event of an accident or injury resulting from the vendor’s location or operations. (64) Upon request by any person, or at the discretion of the Chief of Planning Division, a vendor’s application may be referred to either the Zoning Administrator or Planning Commission. (c) Vendor license timeframe. Unless a different time period is specified by a Zoning Administrator’s permit or use permit vendor license as required by other provisions of this section, vendor permitslicenses are valid for a period not to exceed 12 months. A permitvendor license may be renewed for an additional period of up to 12 months per renewaleach, at the discretion of the Planning ManagerDivision. No permitvendor license shall be transferable, except with the written consent of the Planning ManagerDivision.

(4) Compliance with code requirements. Permits granted hereunder shall not exempt vendors, vendor motor vehicles, structures, or facilities from the requirements of the Building Code, and related health or safety codes. (5) Business license. Every vendor shall obtain a city business license in accordance with chapter 5.05, of this Code and comply with any other related state licensing, as applicable. (6) Display of licenses and permits. At all times while vending, a valid city business license and other required permits shall be displayed at the vending site or on the vendor vehicle, as applicable. (7) County Environmental Health Division consumer protection permit. A permit is required from the county Environmental Health Department in order to sell or offer food and/or beverages for sale. Such permits shall be obtained prior to and a copy submitted along with the vendor application materials required by the city.
(g) Permit (1) The Planning Division may deny applications for renewal if it is determined that the applicant has failed to pay any previous business license fees, administrative citations, or fines. (d) License suspension and revocation..
(1) Grounds for suspension or revocation. The Planning ManagerDivision may suspend or revoke a vendor’s permitvendor license or modify its conditions for reasons including, but not limited to, any of the following:
a. Falsifying any information or omitting a fact required to be supplied by the permitteelicensee upon which issuance of the permitvendor license was based.
b. Conviction of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business, profession, or trade for which the permit or license was issued. c. Commission of acts involving dishonesty, fraud, or deceit with the intent to substantially benefit the applicant or another, or substantially injure another.
d. Commission of acts which would constitute a felony or which would constitute a crime if the acts are substantially related to the qualifications, functions, or duties of the business, profession, or trade for which the permit or license was issued.
e. Violation of any zoning, health, safety, fire, police or other provision of this Code or of countyCounty, state, or federal law relating to the permitted activity which substantially affects the public health, safety, or welfare, or safety.
f. Violation of the terms and conditions of the permitvendor license or other requirements of this chapterChapter.
(2) Notice. Notice of revocation. Notice ofsuspension or revocation shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permitlicense holder address as set forth on the application for a permitlicense. Service shall be deemed made on the permitlicense holder on the date personally delivered or on the date of mailing.
(3) Request for appeal. No suchsuspension or revocation shall become effective until expiration of the appeal period. A permitlicense holder may appeal such suspension or revocation to the City Manager, or his assigneedesignee, by filing a written notice of appeal with the Planning Division within ten days following the date of service of such decision. If a timely appeal is filed, the suspension or revocation shall be stayed pending the decision of the City Manager, or designee. Otherwise, the suspension or revocation shall become effective immediately upon expiration of said appeal period.
(4) Revocation hearing. Hearing. Upon receipt of a timely appeal, the City Manager, or his designee, shall endeavor to hear such appeal within 20 businessno more than 45 days followingfrom the dateCity’s receipt of suchan appeal, unless both the appellant and City consent to a later date. The City Manager, or designee, shall give the appellant not less than five days advance notice of the date of such hearing. The decision of the City

Manager, or designee, shall be based upon the criteria set forth in subsections (cb) and (g) of this section d) of this section which arpertaine applicable to the issuance or suspension or revocation of a vendor’s permitlicense.

The appellant shall be notified of the decision of the City Manager, or his designee, by mailed, written notice.

The decision of the City Manager, or his designee, shall be final. No suspension or revocation of a permitlicense pursuant to this section shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Manager’s, or his designee’s, decision. Provided, however, no permitvendor license holder shall operate during any period of time in which the insurance coverage required by this section is not in full force and effect.
(5) Summary suspension. The Planning Manager may summarily suspend the permittee’s permit for one or more periods of up to one week (7 days) each, but only if the Planning Manager determines that a violation of a permit condition or other requirement of this chapter creates an imminent danger to the public health, safety or welfare, or a disturbance of the peace. Reapplication following revocation or suspension. No person or entity whose license is revoked or suspended shall be eligible to apply for a new license for a period of one year following such revocation or suspension.

a. A written notice of summary suspension shall state the grounds and reasons upon which the summary suspension is based, and shall be delivered to the permittee at the address stated on the application or permit at the time of the summary suspension.
b. The notice of summary suspension shall advise the permittee that the City Manager, or his designee, will hold a hearing to affirm, modify, or overrule the summary suspension decision. The notice shall state the time and place of the hearing, which hearing shall be held not later than twenty-four hours of the time of issuance of the summary suspension.
c. At the hearing before the City Manager, or his designee, the permittee shall be given the opportunity to present reasons why the permittee is not responsible for the violation giving rise to the summary suspension.
d. The hearing will be conducted informally and technical rules of evidence shall not apply. Any and all other evidence which the City Manager, or his designee, deems reliable, relevant, and not unduly repetitious may be considered.
e. At the close of the hearing, the City Manager, or his designee, shall issue an oral or written decision which either affirms, modifies, or overrules the summary suspension. The City Manager, or his designee, shall issue an oral decision upon conclusion of the hearing or may communicate the decision by telephone within twenty-four hours of the hearing and shall mail a written confirmation of the decision within five working days of the close of the hearing.
(6) Reapplication following revocation or suspension. No person or entity whose permitlicense is revoked or suspended shall be eligible to apply for a new permitlicense for a period of one year following such revocation. or suspension.
(f)12.50.050 Operating regulations.
(1a) Compliance with regulations; parking and motor vehicle regulations. a.(1) Vendor motor vehicles engaged in vending upon a public street or public right(s)-of-way may vend only when operating in compliance with the regulations established by this section. b. Vendor vehicles must be brought to a complete stop and lawfully parked adjacent to the curb consistent with Vehicle Code § 22500 et seq. and the provisions of Title 10 articles V and VI, prior to initiating vending operations. Vendors from(2) Vendor motor vehicles shall be required to comply with all traffic rules and regulations set forth in the stateCalifornia Vehicle Code and the Municipal Code., including coming to a complete stop and parking lawfully adjacent to the curb prior to initiating vending operations.

(23) Vendors shall not solicit or conduct business with persons in motor vehicles. (b) Conditions of approval Chief of Planning may impose reasonable conditions on operations. The Chief of Planning Division may impose reasonable conditions on vendor operations. Such conditions may include, but not be limited to:
a.(1) Restricting days and hours of operation, contingent upon the vending location. b.(2) Limiting the size and scope of the activity.
c.(3) Prescribing the size and appearance of vendor motor vehicles, structures, and facilities. d.(4) Prescribing the size, quantity, and location of signs and other advertising devices. e.(5) Requiring a minimum number of persons to be on duty. f.(6) Controlling the locations for employee and customer parking. g.(7) Regulating refuse collection and cleanup of the premises. (3) Zoning Administrator’s permit or use permit required. Unless a different time period is specified by a Zoning Administrator’s permit or use permit as required by other provisions of this section, vendor permits are valid for a period not to exceed 12 months. A permit may be renewed for an additional period of up to 12 months each, at the discretion of the Planning Manager. No permit shall be transferable, except with the written consent of the Planning Manager.
(4(c) Compliance with code requirements. Permits Licenses or permissions granted hereunder shall not exempt vendors, vendor motor vehicles, structures, or facilities from the requirements of the Building Code, and related health or safety codes. and related health or safety codes and other applicable federal, state, County, and local laws, including without limitation:
(1) Building Code and related health or safety codes;
(2) State and County food preparation, handling, and labeling requirements; (3) Fire codes and regulations;
(4) Noise standards;
(5) Firearms regulations;
(6) Alcoholic beverages, tobacco products, cannabis, electronic cigarettes, smoking devices and controlled substances regulations;
(7) Sanitation and health standards; and
(8) Americans with Disabilities Act of 1990 and other disability access standards (both state and federal). (5) Business license. Every vendor shall obtain a city business license in accordance with chapter 5.05, of this Code and comply with any other related state licensing, as applicable. (6(de) Display of licenses and permits. At all times while vending, a valid city business license and other required licenses and permits shall be displayed at the vending site or on the vendor motor vehicle or cart, as applicable. (7) County Environmental Health Division consumer protection permit. A permit is required from the county Environmental Health Department in order to sell or offer food and/or beverages for sale. Such permits shall be obtained prior to and a copy submitted along with the vendor application materials required by the city.

(ef) Prohibited items. Vendors shall not vend alcohol, cannabis or cannabis accessories (as defined in CMC Section

5.80.020), adult-oriented material, adult-oriented merchandise (as defined in CMC Section 5.75.020), tobacco, tobacco products, tobacco paraphernalia (as defined in CMC Section 5.100.100), prohibited substances or other paraphernalia (as defined in CMC Section 9.05.020), fireworks, flammable or toxic materials, prescription drugs or medical supplies, counterfeit goods, stolen merchandise, animals, or any weapons (including ammunition, knives, air soft guns, pellet guns, paintball guns, or anything that may resemble a gun). (Code 1965, § 6802; Code 2002, § 90-103. Ord. No. 96-8; Ord. No. 02-5; Ord. No. 14-6, § 13) Editor’s note: Section 12.50.030(h) derived from Ord. No. 02-5, § 2, and was renumbered as 12.50.030(g) as set out herein above at the discretion of the editor.

12.50.040060 Exemptions.

The following activities shall be exempt from the provisions of this article:
(1) Sales of Christmas trees between the dates of November 25 and December 25, inclusive. A city administrative occupancy permit and business license are required; (2) Sales of pumpkins between the dates of October 1 and October 31. A city administrative occupancy permit and business license are required;
(3) Garage sales at single or multiple family residences, provided that no more than three such sales shall occur in any six-month period at any residence.
(4) Events authorized or approved under Division IV of CDC Title 18. (1) Sidewalk vending, as defined in Government Code Section 51036(a) and regulated in Chapter 12.55 of this Code.
(2) Vending in parks or other Ccity property when licensed by the city as a concessionaire or approved via a duly-issued City of Concord permit or license.
(3) Vending approved as part of a permitted certified farmers’ market or other events sponsored or expressly authorized by the city, including events subject to a temporary use permit or special event permit. (4) Sidewalk cafes and outdoor eating areas regulated by CMC Chapter 12.45 and CMC Section 18.200.190. (5) Outdoor sales and displays regulated by CMC Section 18.200.160. (6) Vending at schools, attendance at which satisfies the state requirements for compulsory education, as part of school-sponsored events or fundraisers approved by the school. (Code 1965, § 6803; Code 2002, § 90-104. Ord. No. 96-8; Ord. No. 02-5)

12.50.070 Procedures and guidelines.

The City Manager is hereby delegated the authority to promulgate procedures, regulations, and guidelines to aid in the implementation of this Chapter.

Chapter 12.55

SIDEWALK VENDING
Sections:

12.55.010 Purpose.

12.55.020 Definitions.

12.55.030 Procedures and guidelines

12.55.040 Sidewalk vending license required.

12.55.050 Review of sidewalk vending license application; decision.

12.55.060 Sidewalk vending license expiration and renewal.

12.55.070 Sidewalk vending license suspension or revocation.

12.55.080 Appeals.

12.55.090 Sidewalk vending license nontransferable.

12.55.100 Locations where prohibited.

12.55.110 Operational requirements.

12.55.120 Violations – penalties.

12.55.130 Ability-to-pay determination.

12.55.010 Purpose.

The state legislature passed Senate Bill (“SB”) 946 in 2018 and SB 972 in 2022, supporting sidewalk vending in order to promote entrepreneurship and support immigrant and low-income communities, and made specific findings in furtherance of those bills.

In recognition thereof, the purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of state law, as may be amended, to promote safe vending practices; prevent safety, traffic, and health hazards; and preserve the public peace, safety, and welfare of the community. The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of- way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors.

12.55.020 Definitions.

The following words and phrases, whenever used in this Chapter 12.55, shall mean as follows:
“Adult-oriented material” means any products, including but not limited to, books, magazines, photographs, drawings, sculptures, audio/visual representations, or other merchandise which is characterized by exposure of specified anatomical areas or sexual activities.
"Cart" means any pushcart, pedal-driven cart, wagon, bicycle, tricycle, display, rack, showcase, stand, table, or other non-motorized cart or conveyance (that is not a vehicle as defined in the California Vehicle Code), other wheeled container or mechanism, and includes a stationary cart or a roaming cart. "California Retail Food Code" means Part 7 of Division 104 of the California Health and Safety Code (commencing at Section 113700).
"Certified farmers’ market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter, as may be amended.
“City” means the City of Concord.

“City Manager” means the City Manager of the City of Concord, or designee. “County” means Contra Costa County.
"Director" means the Director of Community Development of the City of Concord, or designee. “Food" means any type of edible substance or beverage.
"Goods" or "merchandise" means any items or products of every kind and description, including all food, produce, and beverage items.
“Health Department” means Contra Costa County Environmental Health or other division within Contra Costa County regulating the vending of food.
"Health Department Permit" means any and all licenses, permits, certifications, and courses required and issued by the Health Department to vend food within the City in accordance with this Chapter. "Person" shall mean one (1) or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs, or organizations composed of two (2) or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, non-profit, or any other activity. "Roaming sidewalk vendor or vending" has the same meaning as set forth in Government Code Section 51036(b) and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction. "Rules and regulations" means the procedures, rules, regulations, and guidelines if any, promulgated by the City Manager, concerning sidewalk vending that are intended to clarify and aid in the administration and enforcement of this Chapter.
"Sidewalk'' means any paved surface in the public right-of-way or public parks provided for the use of pedestrians and includes pedestrian paths, parkways, public sidewalks, or other interests therein owned, held, leased, operated, or otherwise controlled by the City.
"Sidewalk vendor" has the same meaning as set forth in Government Code Section 51036(a), and includes a person who vends, operates, engages in, manages, or carries on a food or goods/merchandise vending business from a cart, or from one’s person, upon a public sidewalk, pedestrian path, or other public right-of-way available to pedestrians. "Sidewalk vending license” means a license issued by the City to vend food, goods, or merchandise within the City in accordance with this Chapter.
"State seller's permit" means a permit issued by the California Department of Tax and Fee Administration. "Stationary sidewalk vendor or vending" means a sidewalk vendor who vends from a fixed location as set forth in Government Code Section 51036(c).
"Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article, as may be amended.
"Temporary special permit" means an event authorized by a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, temporary event permit, contract, license agreement, temporary use permit, or any similar approval for purposes including, but not limited to, filming, parades, sporting events, festivals, carnivals, or outdoor concerts.

12.55.030 Procedures and guidelines.

The City Manager is hereby delegated the authority to promulgate rules and regulations to aid in the implementation of this Chapter.

12.55.040 Sidewalk vending license required.
(a) No person, either for themselves or any other person, shall conduct or engage in sidewalk vending within the City without first obtaining a sidewalk vending license pursuant to this Chapter, unless otherwise exempt pursuant to this Chapter.
(b) To apply for a sidewalk vending license, a person must file an application with the Planning Division accompanied by a non-refundable application fee in an amount established by resolution of the City Council. (c) Exceptions. A sidewalk vending license shall not be required for the following activities:
(1) The sale of agriculture products on the site where the product is grown. (2) Catering for private parties held exclusively on private property and not open to the general public. (3) Vending in parks or other City property when licensed by the City as a concessionaire or approved via a duly-issued City of Concord permit.
(4) Vending approved as part of a permitted certified farmers’ market, permitted swap meet, or other events sponsored or expressly authorized by the city, including events subject to a temporary special permit. (5) Outdoor sales and displays regulated by CMC Section 18.200.160. (6) Vending at schools, attendance at which satisfies the state requirements for compulsory education, when sponsored or co-sponsored by the school, provided all licenses required by state law or County ordinance are obtained.

12.55.050 Review of sidewalk vending license application; decision. (a) The Director shall deny the issuance of a sidewalk vending license if it is determined that:
(1) Information contained in the application, or supplemental information requested from the sidewalk vendor, is materially false, misleading, or fraudulent; (2) The sidewalk vendor has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; (3) The sidewalk vendor has failed to demonstrate an ability to conform to the prohibitions, restrictions, and operating standards set forth in this Chapter;
(4) The sidewalk vendor has failed to pay any previous business license fees, administrative citations, or fines; complete any community service; and/or complete any other alternative disposition associated with a previous violation of this Chapter; or
(5) The proposed vending operations are in violation of any federal, state, or local law or ordinance and/or approval of a sidewalk vending license would be contrary to legal requirements applicable to the City. (b) If the sidewalk vending license is denied, written notice of such denial and the reasons therefore shall be provided to the sidewalk vendor by mail, at their last known address within seven (7) calendar days of the date of decision. Such denial may be appealed pursuant to Section 12.55.080 (Appeals).

12.55.060 Sidewalk vending license expiration and renewal. (a) A sidewalk vending license shall be valid for one year from the date of issuance unless revoked or suspended prior to expiration.

(b) A sidewalk vending license shall be deemed null and void upon the revocation, suspension, or expiration of any of the following:
(1) City of Concord business license;
(2) Health Department Permit or other permit required from the County; and/or (3) State seller’s permit.
(c) An application to renew a sidewalk vending license shall be made not less than ninety (90) days prior to the expiration of the current license. A valid business license shall be applied for or renewed concurrently with the sidewalk vending license each year.
(d) No person or entity whose sidewalk vending license is denied or revoked shall be eligible to apply for a new sidewalk vending license for a period of one year following such denial or revocation.

12.55.070 Sidewalk vending license suspension or revocation. (a) The Director may suspend or revoke a sidewalk vending license issued to a sidewalk vendor for the term of that license upon the fourth violation or subsequent violations of this Chapter, at their discretion, or for any of the following reasons:
(1) Falsifying or misrepresenting any information or omitting a fact required to be supplied by the sidewalk vendor upon which issuance of the sidewalk vending license was based. (2) Conviction of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business, profession, or trade for which the sidewalk vending license was issued. (3) Commission of acts involving dishonesty, fraud, or deceit with the intent to substantially benefit the sidewalk vendor or another or substantially injure another. (4) Commission of acts which would constitute a felony or which would constitute a crime if the acts are substantially related to the qualifications, functions, or duties of the business, profession, or trade for which the sidewalk vending license was issued.
(5) Violation of any zoning, health, safety, fire, police, or other provision of this Code or of County, state, or federal law relating to the licensed activity which substantially affects the public health, safety, or welfare.
(6) Failure to pay any previous business license fees, administrative citations, or fines; complete any community service; and/or complete any other alternative disposition associated with a previous violation of this Chapter.
(7) Violation of the terms and conditions of the sidewalk vending license or other requirements of this Chapter.
(8) Fraud or misrepresentation in the course of vending. (9) Vending in a manner that violates this Chapter, creates a public nuisance, threatens the public health, safety or welfare, or otherwise constitutes a danger to the public. (b) Notice of suspension or revocation shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the sidewalk vending license holder at the address as set forth on the application for a license. Service shall be deemed made on the sidewalk vending license holder on the date personally delivered or on the date of mailing.

12.55.080 Appeals

(a) Request for appeal. No denial, suspension, or revocation shall become effective until expiration of the appeal period. A sidewalk vending license holder may appeal such denial, suspension, or revocation to the City Manager by filing a written notice of appeal with the Planning Division within ten (10) days following the date of service of such decision accompanied by a non-refundable appeal fee in an amount established by resolution of the City Council. If a timely appeal is filed, the denial, suspension, or revocation shall be stayed pending the decision of the City Manager. Otherwise, the suspension or revocation shall become effective immediately upon expiration of said appeal period.
(b) Denial or Revocation hearing. Upon receipt of a timely appeal, the City Manager shall endeavor to hear such appeal no more than 45 days from the City’s receipt of an appeal, unless both the City and appellant consent to a later date. The City Manager shall give the appellant not less than five days advance notice of the date of such hearing. The decision of the City Manager shall be based upon the criteria set forth in Chapter 12.55 which are applicable to the issuance, suspension, or revocation of a sidewalk vending license. The appellant shall be notified of the decision of the City Manager by mailed, written notice. The decision of the City Manager shall be final. No suspension or revocation of a sidewalk vending license pursuant to this Chapter shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Manager’s decision. Provided, however, no sidewalk vending license holder awaiting a revocation hearing shall operate during any period of time in which the insurance coverage required by this section is not in full force and effect or pending a denial hearing.

12.55.090 Sidewalk vending license nontransferable.

No sidewalk vending license granted pursuant to this Chapter shall be transferable. Any change in ownership or operation of a cart requires a new sidewalk vending license under this Chapter.

12.55.100 Locations where prohibited.

No sidewalk vendor shall set up a vending cart or otherwise operate in any of the following locations:
(a) Residential Zones. In areas that are zoned exclusively for residential use. This prohibition does not extend to roaming sidewalk vendors.
(b) ADA Path of Travel. In a location or manner that blocks or impedes the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a clearance of not less than four (4) feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices and to comply with the Americans with Disabilities Act of 1990 (Public Law 101336) and any other disability access standards.
(c) Parks.
(1) In parks where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. Stationary sidewalk vendors may vend in parks that do not have signed agreements for exclusive food or merchandise concessionaires if they comply with all the requirements of this Chapter. This prohibition does not extend to roaming sidewalk vendors. (2) In any city park during hours that the park is not open to the public. (3) On or within 50 feet of any playground, sports and recreation facilities as defined in CMC Section

18.20.020, fountain, statue, monument, art installation, or park restrooms. (4) On or within 25 feet of any park benches, picnic areas, or park furniture. (5) As necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities. (6) As necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
(d) Farmers Markets, Swap Meets, Temporary Special Events. Within five hundred (500) feet of a permitted certified farmers’ market, a permitted swap meet, or any area subject to a temporary special event permit during the

operating hours thereof. The distance shall be measured from the nearest boundary of the parcel and/or edge of the designated area authorized for the event.
(e) Landscaped Areas. In areas improved with lawns, flowers, shrubs, street trees, or other landscaping. (f) Roadways, Medians, Dividers, Trails. Upon or within any trail, roadway, median strip, or dividing section, or where placement impedes the flow of pedestrian or vehicular traffic. (g) City Parking. In any City-owned or operated parking area or parking lot, including the parking lot of a public park.
(h) Public Parking. Within any marked parking space or stall in any public parking lot, as may be designated with paint or other markings to indicate where parking is permitted. (i) Within fifteen (15) feet of a driveway, driveway apron, or alley approach. (j) Within ten (10) feet of a utility meter, manhole, service box, tree well, streetlight pole, power pole, telecommunications pole, or other above-ground utility. (k) Within twenty-five (25) feet of:
(1) A street corner, controlled intersection, marked crosswalk, or the curb return of any unmarked crosswalk. (2) A traffic signal.
(3) A fire hydrant, fire call box, traffic signal controller cabinet, or other emergency apparatus, equipment, or facility.
(4) Any curb controls.
(5) A bus stop, bus shelter, or bus bench.
(6) The entrance, exit, or emergency exit to a business, building, structure, or facility during the hours that the business, building, structure, or facility is open to the public. (7) A trash receptacle, bike rack, public restroom, public benches, tables, or furniture, or similar public use items.
(8) An automated teller machine (ATM).
(9) An outdoor dining area.
(10) A stationary sidewalk vendor with a valid sidewalk vending license. (l) Within one hundred (100) feet of:
(1) A police officer, firefighter, lifeguard, or emergency service personnel who are actively performing their duties or providing services to the public.
(2) A freeway on ramp or a freeway off ramp.
(3) Any pedestrian or vehicular entrance to any public or private school facility during lunch, and not within one hour before or one hour after school drop off and pick up operations. (4) A motor vehicle vendor with a valid vendor license. (m) City Facilities. At any city facility where business is being conducted.

12.55.110 Operational requirements.

In addition to the other requirements of this Chapter, all sidewalk vendors shall comply with the following operational requirements:
(a) All food and goods/merchandise shall be stored either inside or affixed to a cart or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on public or private property. Food and merchandise cannot be displayed on the ground, or on public use items including, but not limited to, benches, tables, and utility boxes.
(b) No vendor shall set up tables, tents, awnings, freestanding umbrellas, or customer seating areas. (c) The overall space taken up by the cart, including any food or goods/merchandise affixed to the cart, except as provided in (1) below, shall not exceed fifteen (15) square feet (calculated by multiplying the length times the width), and also not exceed a linear distance greater than five (5) feet on any one side. Merchandise such as banners, flags, and pennants must be displayed directly on the cart and shall not extend above or beyond the cart. (1) One umbrella not exceeding six (6) feet in diameter or six (6) feet on any one side may be attached solely to the cart. The umbrella shall not exceed eight (8) feet in height as measured from the ground and shall not extend laterally more than one (1) foot beyond the cart. (d) Sidewalk vendors shall provide a trash receptacle for customers in or on their cart and shall ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and properly dispose of all trash or refuse generated by the vending operations or the sidewalk vendor’s customers within a fifteen (15) foot radius of the vending location. (e) Sidewalk vendors shall immediately clean up any trash, food, grease, or any other fluid or item that falls on public property related to sidewalk vending activities. (f) Sidewalk vendors of food or food products shall possess and display in plain view on the cart a valid public Health Department Permit and operate in accordance with such Permit. (g) Sidewalk vendors shall possess and display in plain view on the cart or on the sidewalk vendor’s person at all times while vending, a valid sidewalk vending license issued pursuant to this Chapter, a valid City-issued business license, as well as any other permit or license required by the City and any other appropriate governmental agency. (h) All signage and advertising related to the sidewalk vendor shall be attached to the cart or the sidewalk vendor’s person. No signs or displays may be placed on public or private property. Lighted signs are prohibited. (i) To the extent permitted by law, sidewalk vendors shall enter into an agreement indemnifying, defending, holding harmless, and releasing the City of all liability in the event of an accident or injury resulting from the sidewalk vendor’s location or operations, and every sidewalk vendor shall maintain and possess at all times while vending a general liability and property damage insurance policy, together with an insured endorsement, in a form and amounts acceptable to the City Attorney. Such policies shall name the city as an additional insured. (j) Sidewalk vendors shall comply with all applicable federal, state, County, and local laws, including without limitation:
(1) State and County food preparation, handling, and labeling requirements; (2) Fire codes and regulations;
(3) Noise standards;
(4) Firearms regulations;
(5) Alcoholic beverages, tobacco products, cannabis, electronic cigarettes, smoking devices and controlled substances regulations;
(5) Sanitation and health standards; and

(6) Americans with Disabilities Act of 1990 and other disability access standards (both state and federal). (k) All sidewalk vendors shall allow a police officer, firefighter, fire prevention specialist, code enforcement officer, health inspector, or other government official charged with enforcing laws related to the sidewalk vendor’s activities, at any time, to inspect their cart.
(l) Carts shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or any other objects within public property or the public right-of-way. No cart shall become a permanent fixture at the vending location or be considered an improvement to real property. (m) Carts shall not be left unattended or stored on public property or within the public right-of-way. Carts shall be removed from public property or from the public right-of-way when not in active use by a sidewalk vendor. (n) Carts must include any power, fuel, cooling, cooking, shading, or heating source or equipment. Sidewalk vendors shall not attach or use water spigots, fountains, or lines; generators; electrical outlets, lines, or cords; or gas lines while vending.
(o) Sidewalk vendors shall only use heating methods powered by electricity, butane, propane, or natural gas. Any sidewalk vendor using cooking or heating equipment shall have a fire extinguisher. Propane, natural gas, or butane cylinder tanks must be 20-pound tanks or less; stored in an upright position during use; positioned in such a way to prevent falling, tripping, and tampering; and shall not cause a hazard. (p) Sidewalk vendors shall not place any type of fencing or other dividers around the cart. (q) Sidewalk vendors shall not vend alcohol, cannabis or cannabis accessories (as defined in CMC Section

5.80.020), adult-oriented material, adult-oriented merchandise (as defined in CMC Section 5.75.020), tobacco, tobacco products, tobacco paraphernalia (as defined in CMC Section 5.100.100), prohibited substances or other paraphernalia (as defined in CMC Section 9.05.020), fireworks, flammable or toxic materials, prescription drugs or medical supplies, counterfeit goods, stolen merchandise, or any weapons (including ammunition, knives, air soft guns, pellet guns, paintball guns, or anything that may resemble a gun). (r) Sidewalk vendors shall not vend live animals, wildlife, fish, fowl, or insects. (s) Sidewalk vendors shall not vend out of a parked vehicle or to customers in vehicles. (t) Sidewalk vendors shall not rent out merchandise or goods or vend services. (u) No sidewalk vendor or cart may use an analog, mechanical, or electronic instrument or device that produces sound.
(v) Roaming sidewalk vendors shall move continuously, except when conducting a sale, which must last no more than fifteen (15) minutes. In no event shall a roaming sidewalk vendor conduct their operations in a manner to constitute operating in a fixed location.
(w) Stationary sidewalk vendors who operate after daylight hours shall provide adequate lighting that may be necessary to ensure customer safety. Lighting shall be directed downwards and away from adjacent properties. (x) Unless exempted by Health and Safety Code Sections 114368.7 or 114315 (as applicable) or otherwise set forth in an approved sidewalk vending license, a stationary sidewalk vendor who vends food must operate within two hundred (200) feet of a functioning and readily available toilet and handwashing facility. If the toilet and handwashing facility is located on private property, the sidewalk vendor must possess a copy of an enforceable contract between the private property owner and the sidewalk vendor allowing the vendor to utilize such facilities, including the days and hours of operation.
(y) Sidewalk vending shall be limited to the following hours:

(1) In residential areas (i.e., zoned exclusively for residential use), roaming sidewalk vending shall be permitted between 9:00 a.m. and 6:00 p.m. Pursuant to Section 12.55.100(a), stationary sidewalk vending is prohibited in such areas.
(2) In nonresidential areas, sidewalk vending hours shall be specified in the approved sidewalk vending license; limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street. (3) In parks, sidewalk vending shall be permitted during the hours the parks are open to the public. (z) No more than three carts shall be operated by the same or substantially similar sidewalk vendor. For purposes of determining if this standard applies, the City Manager is hereby delegated the authority to determine whether or not vendors are “the same or substantially similar” using those criteria the City Manager deems appropriate.

12.55.120 Violations - penalties.

Sidewalk vending in violation of this Chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to the following:
(a) For vending without a sidewalk vending license, an administrative citation together with an administrative fine not to exceed:
(1) Two hundred fifty dollars ($250.00) for a first violation; or (2) Five hundred dollars ($500.00) for a second violation within one year of the first violation; or (3) One thousand dollars ($1,000.00) for each additional violation within one year of the first violation. (4) Upon proof of a valid sidewalk vending license issued by the Planning Division, the administrative fine in Section 12.55.130(a) will be reduced to the corresponding administrative fine in Section 12.55.130(b). (b) For every other violation of this Chapter, an administrative citation together with an administrative fine not to exceed:
(1) One hundred dollars ($100.00) for a first violation; or (2) Two hundred dollars ($200.00) for a second violation within one year of the first violation; or (3) Five hundred dollars ($500.00) for each additional violation within one year of the first violation. (4) The Director may rescind a sidewalk vending license for the remaining term of the license upon a fourth or subsequent violation of this Chapter. Such rescission of the sidewalk vending license is final and not subject to the appeal procedures set forth in Section 12.55.080 (Appeals). (c) Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the City may levy a lien on the violator’s real or personal property, including the cart used for vending purposes. (d) An administrative violation constitutes a separate and distinct violation for each day that it exists, and each such violation may be subject to the maximum fine permitted under this Chapter. (e) The procedures for issuing and appealing administrative citations and fines under this section shall be as set forth under CMC Sections 12.55.070, 12.55.080, and 12.55.130.

12.55.130 Ability-to-pay determination
When assessing administrative citations pursuant to this section, the hearing officer shall take into consideration the person’s ability to pay the fine.

(a) Any fine issued under Section 12.55.120 will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(b) If the requestor meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, as may be amended, the Director will limit the total amount of the requestor’s administrative fine to twenty (20) percent of the total and may:
(1) Allow the person to complete community service in lieu of paying the total administrative fine; or (2) Waive all or part of the administrative fine; or
(3) Offer an alternative disposition.

Chapter 18.20

GENERAL TERMS
Sections:

Article I. Use Classifications

18.20.010 Purpose and applicability.

18.20.020 Use classifications.

Article II. Definitions

18.20.030 Definitions.
[…]

18.20.030 Definitions.
[…]
"Cart" means any pushcart, pedal-driven cart, wagon, bicycle, tricycle, display, rack, showcase, stand, table, display, or other non-motorized cart or conveyance (that is not a vehicle as defined in the California Vehicle Code), other wheeled container or mechanism, and includes a stationary cart or a roaming cart. […]
“Vendor” means a person who sells, offers to sell, barters, exchanges, distributes, or displays, whether gratis, or for any type of compensation or donation, any type of food, wares, merchandise, samples, coupons, or service at any location other than within a building or structure constructed on a permanent foundation which is occupied, rented, leased, or owned by that person. A person engaged in a business conducted from a building or structure constructed on a permanent foundation that involves outdoor display, sale, or storage of the same types of goods or merchandise sold as part of the primary business activity on those premises shall not be considered a vendor under this chapterTitle 18 (Development Code). Sidewalk cafes regulated by CDMC 18.200.190 are not considered to be vendors under this chapterTitle. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this Title. “Vendor cart” means a small nonmotorized vehicle equipped with a container(s) for food, wares, or other merchandise, and/or services offered for sale, barter, or exchange also called stationary vendors. “Vendor motor vehicle,” also termed roaming vendor, is a motor vehicle from which food items, wares, or other merchandise and/or services are offered for sale, barter, or exchange. A vendor motor vehicle is any vehicle used for commercial purposes including, but not limited to, travel trailers, recreational vehicles, and vans.

Exhibit C

Chapter 18.200

STANDARDS FOR SPECIFIC USES
Sections:

18.200.010 Purpose.

18.200.020 Applicability.

18.200.030 Accessory structures.

18.200.040 Alcoholic beverage sales.

18.200.050 Child day care facilities.

18.200.060 Drive-through facilities.

18.200.070 Emergency shelter and homeless shelters.

18.200.080 Entertainment uses.

18.200.090 Gas stations and car washes.

18.200.100 Home-based businesses.

18.200.110 Live/work or work/live units.

18.200.120 Manufactured homes.

18.200.130 Mechanical and electronic games.

18.200.140 Mixed-use projects.

18.200.150 Mobile home parks.

18.200.160 Outdoor sales and displays.

18.200.170 Recycling facilities.

18.200.180 Accessory dwelling units.

18.200.190 Sidewalk cafes and outdoor eating areas.

18.200.200 Temporary uses and structures.

18.200.210 Food vendor group sites.

18.200.220 Convenience stores.

18.200.230 Lot consolidation incentive program.

18.200.210 Food vendor group sites.

Where allowed by Division II (Zoning Districts – Uses and Standards), food vendor group sites shall comply with the requirements of this section.

A. Purpose. This section provides standards for food vendor group sites, established on private or public property, where allowed by Division II (Zoning Districts – Uses and Standards). Food vendors can bring vitality, pedestrian activity, and spillover economic activity to the surrounding areas while protecting the health, safety, convenience, prosperity, and general welfare of the city and surrounding businesses. It is the intent of these regulations to assure a minimum level of cleanliness, quality, and security.

B. Applicability.

1. This section shall only apply to food vendor group sites, which are sites with the stationary operation of one or more mobile food vendors clustered together on a single private or public property site during a specified time and in accordance with an approved permit. Allall other vendor sites and sales shall comply with the provisions in CMC Chapter 12.50.010 through 12.50.040, Vendors and Chapter 12.55, Sidewalk Vending.

2. Notwithstanding the provisions in this section, all vendors shall also comply with the requirements in CMC

12.50.010 through 12.50.040.

3. This section shall not apply to food vending that occurs as part of a permitted certified farmers’ market, permitted swap meet, or special event; when licensed by the city as a concessionaire or via a duly-issued City Exhibit C

of Concord permit for the use of public parks pursuant to CMC Section 4.05.040; or when permitted through a temporary use permit or special event permit.

C. Definition.

1. Food Vending. The sale of pre-packaged or prepared foods from a food vendor unit. Food vending activities may include, but are not limited to, the following:
a. The sale of food prepared off site in a commercial kitchen and/or prepared on site within the food vendor unit kitchen, per Contra Costa County health regulations. b. Food ordered and served from the food vendor unit.
c. Take-out counter and space for customer queuing.
d. Prepared food served in disposable wrappers, plates, or containers and sold for on-site or off-site consumption.

2. Food Vendor Unit. A vendor mobile vehicle, truck, trailer, vendor cart, food stand, or other movable wheeledportable equipment or vehicle from which food vending occurs. on public or private property that is not a construction site, sidewalk, pedestrian path, or public right-of-way.

3. Food Vendor. A person who is engaged in food vending.

4. Food Vendor Group Site. A site approved for a specified number of food vendorsthe stationary operation of one or more mobile food vendors clustered together on a single private or public property not within the public right-of-way, where allowed by Division II (Zoning Districts – Uses and Standards), for a specific duration and frequency and subject to specific conditions of approval.

5. Food Vendor Group Site Operator. The individual directly responsible for organizing and/or conducting the food vendor group site and/or the facility manager, or respective designee, for the purpose of determining liability for damage to city or public facilities as a result of a food vendor group site.

6. Permitted Swap Meet. A location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

D. General Requirements.

1. Location. Food vendor group sites shall not be located a minimum distance ofon the same parcel as, or within 100 feet from, any of the following uses (as measured in a straight line frombetween the property line of the parcel containing the food vendor group site to the nearest property line of the followingrespective parcels containing the uses below):
a. Schools. Any public school, unless specifically authorized by the school district, indicating that the school has no objections to the proposed food vendor group site locating on school grounds or within 100 feet of the school grounds.
b. Parks. Any public park or recreation area unless specifically authorized by the city. c. Restaurants. Any full service, limited service, or drive-through restaurant, unless specifically authorized by the restaurant.
d. Any bar, nightclubBars, nightclubs or loungelounges.

22. Number. No more than one food vendor group site shall be allowed on any parcel.

Exhibit C

3. Restrooms. Food vendor group sites shall be located within 200 feet of an available functioning restroom facility, which is available for the vendors and their employees, and customers, unless otherwise set forth in the permit approval for the food vendor group site.

34. Hours of Operation. FoodUnless more restrictive hours are set forth in the permit approval, food vendor group site activities shall not be conducted before 7:00 a.m. or after 9:00 p.m., any day of the week, and all vendor units shall be cleared from the site by 10:00 p.m., unless otherwise set forth in the permit approval for the food vendor group site...

45. Site Circulation.
a. Food vendor units shall not impede circulation, block driveways, drive aisles, parking spaces, or other site improvements which are required for other businesses or uses on the property. b. Food vendor group sites shall not locate in or block parking spaces which serve as required parking for any other business or use on the property.
c. Each food vendor unit at a food vendor group site shall be sited in a manner to ensure that the customer queue maintains a minimum five feet of unobstructed clear path along any public sidewalk or right-of-way when the service window faces the street or sidewalk.
d. Safe and adequate parking shall be provided for customers of the food vendor group site; the number of spaces and the layout shall be submitted with the application for a food vendor group site.

56. Site Conditions. The food vendor group site operator shall be responsible for the improvement, maintenance, and compliance with the conditions of approval, as follows following standards:
a. Installation ofThe site, any required improvements and maintenance of the site, , adjacent right-of-way, and properties within 100 feet of the site in a safe, shall be kept litter -free, and clean manner at during all timeshours of operation. Trash or refuse generated by the food vending activities shall be picked up, removed, and properly disposed of.
b. Installation of dust-proof surfacing of allAll areas of the site to be used by food vendor units and as needed for parking. Dust-proof surfacing shall be defined as paving, shall be graded and properly drained and maintained in a dust-free manner. Surfaces shall be paved with asphaltic concrete, cement concrete, porous asphalt/porous concrete, paving units, or functional equivalent approved by the city engineer. c. Installation and maintenance of adequate lighting to ensure vendor and customer safety. consistent with the city’s photometric standards for a high-use pedestrian activity area, including an average illumination of 4 to 5 foot-candles, a uniformity ratio (max to min) of up to 6:1, and a lighting loss factor of 0.80 (HPS/LPS), 0.85 (Incandescent), or 0.90 (LED/fluorescent). All lighting shall be directed downwards and away from adjacent properties and public streets.
d. Ongoing arrangements and costs for the collection and disposal of waste and trash after each food vendor group site event.
e. The layout of the food vendor group site shall comply with the approved permit and maintain site circulation and access consistent with the Americans with Disabilities Act (ADA). f. Installation, maintenance, and storage of other site amenities such as tables and chairs, portable restroom facilities, and/or temporary shade structures, as required.

67. Security. The food vendor group site operator shall ensure that adequate safety and security measures are implemented, as directed by the Chief of Police or designee.

78. Display and Appearance of Mobile Food Vendor Units.

Exhibit C

a. Each food vendor unit shall display a current business license and current health department permit in plain view, as required by the health department.
b. Food vendor units shall be maintained in movable condition at all times. c. Each food vendor provide at least one 32 gallon trash receptable within 15 feet of their food vendor unit.

Signage shall be limited to approved graphics on the food vendor unit and one A-frame menu board placed within 15 feet of the food vendor unit. All other signage, including temporary and portable signs, is prohibited.

89. Alcohol. The serving or consumption of alcohol is prohibited at food vendor group sites.

10. Storage. Any exterior storage of refuse, equipment, or materials associated with the food vendor group site and each food vendor unit shall be prohibited on the site except during operating hours.

11. Solid Waste and Recycling. Food vendor group sites shall comply with the following:
a. Each food vendor shall provide at least one 32-gallon trash receptacle and a recycling bin located within 15 feet of their food vendor unit.
b. During hours of vending operations, a staff person shall pick up and dispose of any trash within the food vendor group site as soon as possible, but not less than once every hour.

E. Permit Requirements. Where allowed by Division II (Zoning Districts – Uses and Standards), an administrative permit or minor use permit shall be required, in accordance with Division VII (Permits and Permit Procedures).

F. Conditions of Approval. In addition to the requirements in this section, additional conditions may be required as determined necessary to protect the public health, safety, welfare, and order, and to minimize adverse impacts upon the surrounding neighborhood and the general community. Additional conditions may be added, including, but not limited to address, litter, noise, lighting, odors, or smoke. The following conditions shall apply to all food vendor group sites:

1. No more than one food vendor group site shall be allowed on any single property.

2. Any exterior storage of refuse, equipment, or materials associated with the food vendor group site and each food vendor unit shall be prohibited on the site except during operating hours. [Ord. 14-6 § 11].

Exhibit C

From: Debra Ballinger <[email protected]>
Sent: Friday, June 20, 2025 12:46 PM
To: Obringer, Carlyn <[email protected]>; Nakamura, Laura <[email protected]>; Aliano, Dominic
<[email protected]>; Hoffmeister, Laura
<[email protected]>; Benavente, Pablo <[email protected]>; City Clerk <[email protected]> Cc: Debra Ballinger McManus <[email protected]>
Subject: Letter re: Street Vendor Ordinance
Dear Councilmembers,
Attached please find a letter from Raise the Roof Coalition detailing our concerns about the Street Vendor ordinance.

In community,
Debra
--
Debra Ballinger
Interim Executive Director
United Latino Voices of Contra Costa County
415-710-9942
Benched Correspondence
Agenda Item 4.b
June 24, 2025

1 June 20, 2025

Dear Concord City Council Members,

On behalf of the Raise the Roof Coalition members and the low-income residents that we work with and serve, we are writing to express concerns about the second reading of the proposed Sidewalk Vendor ordinance at the June 24 City Council meeting, and to request that your vote be delayed to allow time for additional research, consideration, and community input to consider the impact on the vendors and the needs of neighbors and businesses.

The City needs to do more to show care and support for this community in the face of traumatizing federal attacks. It is insensitive to impose and expedite more restrictions and punitive enforcement.

Rather than meet the moment, the City has been lackluster in its response to the recent ICE actions at the Concord Immigration Court, in which immigrants who were lawfully attending their immigration hearing were despicably torn from their families by ICE, despite complying with the law. Just this week, we all learned that the federal government is requiring that sensitive MediCal data be turned over to the Department of Homeland Security and ICE.

Yet, in the midst of these frightening and harmful events, the City Council has nonetheless introduced an ill-advised proposed Sidewalk Vendor ordinance that allows for yet another form of enforcement of the immigrant community and would immediately and severely harm many of the immigrants and other low-income residents who are turning to entrepreneurship in good faith as a way to feed their families and stay housed.

As you know (and as the new state law specifically acknowledges), many sidewalk vendors are low-income residents and immigrants who became sidewalk vendors out of economic necessity. During this time of unprecedented national attacks on immigrants, we must do all that we can to support their well-being, including their right to earn an income and support their families. Now is not the time to impose further barriers and hardships on this vulnerable population.

2 On behalf of the Raise the Roof Coalition, we urge you to remedy this situation by:

1. Extending the timeline to allow for more City staff to gather comparative data and seek more balanced public input. While we understand that a new ordinance is needed in response to the recent change to state law, the proposed ordinance in its current form feels rushed and under-informed. It has lacked any public engagement and also creates the risk of severely harming local residents who are acting in good faith to support their families.

2. Directing staff to compile and share comparative data: No data are included in the staff report that compares the proposed fines and fees with policies in other jurisdictions, making it hard to assess their suitability.

3. Directing staff to seek and compile additional qualitative data from conversations with current street vendors and their customers. Per state law, the Council may not consider complaints from local merchants in developing the proposed street vendor policy. The Council's consideration of this item must be informed by the needs and experiences of local street vendors and their customers, including the anticipated impact the City’s proposed new fines and fees will have on the viability of their business enterprise.

4. Reducing the fee structure: The proposed fees and fines are unreasonably high and disregard the overall cost that includes other permits required to get a license. This will create a barrier to both entry and sustainability for residents who are low income. The staff report failed to mention that vendors would be required to pay significant County and State licensing fees before securing a City license, and did not state the total (significant) cost to vendors; we also note that applicants often find the approval process to be prolonged, confusing, and burdensome, even when residents are guided by Monument Impact’s Emerging Business program staff.

5. Eliminating burdensome bureaucracy: The proposed restrictions on locations where vendors can set up are complicated, overly strict, unnecessary, and confusing. More input and discussion is needed on this aspect of the proposed ordinance.

6. Avoiding adding unnecessary costs to the City budget in a time of economic uncertainty: The staff proposal, which includes paying overtime to two police officers to monitor street vendor compliance, will add to City expenses during a time when many other urgent local needs are emerging and intensifying. The proposed ordinance is not

3 the best use of limited City resources during a time of rising prices and an increased risk of recession.

7. Partnering with the County to provide food safety education: An intentional partnership with the County is one of many steps the City can take to provide resources and education to street vendors that will support them in complying with food safety regulations, instead of fining them.

We can all agree that supporting local entrepreneurs to thrive is a win for all Concord residents. But imposing unreasonable and ill-advised new restrictions and fees will have the opposite effect, weakening Concord’s business climate in a time when our beloved immigrant community needs our assistance and support now more than ever. Please, take action now to ensure that the City’s street vendor policy strengthens, rather than weakens, the economic opportunities available to our immigrant and low-income residents.

Thank you for your consideration of these recommendations.

Sincerely,

Mariana Moore
Senior Director
Ensuring Opportunity

Debra Ballinger
Interim Executive Director
United Latino Voices of Contra Costa County

Sent on behalf of Raise the Roof Coalition

From: Mel Bearns <[email protected]>
Sent: Monday, June 23, 2025 11:51 AM
To: City Clerk <[email protected]>
Subject: Agenda item 4b

I am writing to voice my strong opposition to the city’s efforts to curtail street vendors and raise fees to those seeking to sell their wares. This is part of what makes Concord a vibrant and diverse community and this policy is just wrong on all fronts.

Please do not adopt this policy - for the sake of those trying to eke out a meager living in very difficult times. I do not want to live in a sterile city like Walnut Creek. Keep Concord’s diversity and support its multiculturalism.

Thank you ~ Mel Bearns
Holbrook Heights
925.876.2269

From: Connie James <[email protected]>
Sent: Monday, June 23, 2025 12:08 PM
To: Obringer, Carlyn <[email protected]>; Nakamura, Laura <[email protected]>; Aliano, Dominic
<[email protected]>; Hoffmeister, Laura
<[email protected]>; Benavente, Pablo <[email protected]>; City Clerk <[email protected]> Subject: Letter from United Latino Voices of Contra Costa re Sidewalk Vendor Ordinance

Dear City of Concord Councilmembers:

Attached you will find a letter from United Latino Voices of Contra Costa County regarding your reading of the Sidewalk Vendor Ordinance at your council meeting tomorrow evening.

Should you have any questions please do contact me at either:

personal email at: [email protected] or via
my United Latino Voices Gmail account at: [email protected]

Sincerely,
Concepcion Trevino James
Board Chair

June 20, 2025

Dear Concord City Council Members:

On behalf of the board members of United Latino Voices of Contra Costa and the constituents
we serve; we are writing to express concerns about the second reading of the proposed Sidewalk
Vendor ordinance at the June 24 City Council meeting, and to request that your vote. be delayed allowing time for additional research, consideration, and community input to consider the impact on the vendors and the needs of neighbors and businesses. Delaying this vote
would demonstrate to the community that City leadership understand the detrimental impact the
proposed Sidewalk Vendor ordinance would have on a community already under siege politically.
and economically.

As recognized by the new state law, many sidewalk vendors are low-income residents and immigrants who turned to street vending out of economic necessity. At a time when immigrant communities are facing unprecedented national attacks, it is imperative that we stand in solidarity with them—defending their right to earn a livelihood and care for their families. Now is not the moment to introduce new barriers or deepen the hardships faced by this already vulnerable population.

On behalf of United Latino Voices, we urge you to remedy this situation by:

1. Extending the timeline to allow for more City staff to gather comparative data and seek more balanced public input.

2. Directing staff to compile and share comparative data: No data is included in the staff report that compares the proposed fines and fees with policies in other jurisdictions, making it hard to assess their suitability.

3. Directing staff to seek and compile additional qualitative data from conversations with current street vendors and their customers.

4. Reducing the fee structure: The proposed fees and fines are unreasonably high and disregard the overall cost that includes other permits required to get a license. This will create a barrier to both entry and sustainability for residents who are low income.

5. Eliminating burdensome bureaucracy: The proposed restrictions on locations where vendors can set up are complicated, overly strict, unnecessary, and confusing. More input and discussion is needed on this aspect of the proposed ordinance.

6. Avoiding adding unnecessary costs to the City budget in a time of economic uncertainty.

7. Partnering with the County to provide food safety education to street vendors that will support
them in complying with food safety regulations, instead of fining them.

Building trust with Concord’s immigrant community starts by listening and collaborating— not by imposing burdensome, restrictions and fees. These measures would not only undermine that trust but also weaken Concord’s business climate at a time when our resilient immigrant community needs support more than ever.

We urge you to act now to reach out to the impacted community to ensure the City’s street vendor policy uplifts, rather than hinders, the economic opportunities our immigrant and low-income residents rely on. Thank you for your consideration of these recommendations.

Sincerely,
Concepcion James, Board Chair,
Ruth Fernandez, Board Vice Chair
Iztaccuahtli Gonzalez, Board Treasurer

Sarai Espinoza, Interim Board Secretary
Vanessa Castillo, Board Secretary
Lupe Dannels, Board Member
Lorena Gonzalez, Board Member
Natalia Tocino, Board Member

From: Gina Cattalini <[email protected]>
Sent: Tuesday, June 24, 2025 12:21 PM
To: City Clerk <[email protected]>
Subject: Public Comment for 6/24/25 City Council Meeting

Comment on Proposed Ordinance 25-6
I urge you to amend Ordinance No. 25-6, restricting sidewalk vending in Concord, to better protect our neighbors who rely on sidewalk vending for their livelihood. As a resident of Concord for over 25 years, I am deeply concerned about the impact of this ordinance as it is currently written and by what it would say about us as a city.

I live in the Sun Terrace neighborhood. In my day to day life I am blessed by neighbors on street corners offering fruit and occasionally flowers for sale. When I go around the city I encounter a diversity of other sidewalk vendors. It is a wonderful opportunity to see and sometimes support our neighbors as they support themselves and their families.

This ordinance appears to be overly restrictive and would especially impact our immigrant communities. That is deeply troubling given that these communities are currently feeling targeted and abandoned in light of federal actions. Less than two weeks ago Concord reaffirmed our commitment to be a city guided by inclusion, dignity, and respect. Passing this ordinance now sends exactly the opposite message.

We need to provide more pathways to economic independence. Restricting the available options is a step in the wrong direction. This is not the time to be putting out the "Not Welcome" sign.

I recognize the opportunity for action presented by new state law. I encourage the city to take this opportunity, working with advocates in the community and exploring ways to resolve any real problems while prioritizing the economic growth and opportunities of our residents in need.

Thank you for your time and attention, and for your continued service to our city.

Gina Cattalini
Concord, California

From: Michele Browne <[email protected]>
Sent: Monday, June 23, 2025 2:36 PM
To: City Clerk <[email protected]>
Subject: Street Vendors

Dear City of Concord,
I received an email regarding street vendors up for discussion with the city council.

I would like to see vendors selling though with stipulations. Vendors should not make Concord appear messy and trashy. Vendors shouldn’t be selling anything that doesn’t meet health standards.

Vendors can add character and color to the city. And maybe there should be vendor neighborhoods so they are a destination.

Important is that vendors don’t degrade the cityscape.

Thank you.

Michele Browne

Sent from my iPhone

Good evening Mayor, Members of Council,
We asked that the council use a light hand when regulating Sidewalk Vendors. The proposed ordinance is not an outright ban and for that we thank you.

However there are specific concerns with Title 18 Chapter 12.55 that must be addressed.

Firstly, there is no language in the ordinance or in the amended portions of Title 18 the provide for any education on the licensure requirements. This means that for many of the vendors currently operating their first encounter with this licensure requirement will be in the form of a $250 fine, as per 12.55.120 (a) (1) Two hundred fifty dollars ($250.00) for a first violation. Without outreach, and ideally education programs in place to assist in navigating the licensing process we are de facto banning Sidewalk Vending. We ask that the city either engage the county program set up for this education process, or to establish one in the ordinance.

Secondly, the exception to produce vending as set out in 12.55.040 (c) (1), would require all pop-up fruit stands to procure a license to operate. As all of you well know the pop-up fruit seller has been a hallmark of the San Joaquin Delta region for as long as there has been a San Joaquin Delta region. This is ultimately a criminalization of a traditional lifeway.

Thirdly, Chapter 12.55.10 (c) provides restrictions for vending near park infrastructure, which is highly restrictive excepting in the largest parks in Concord. This coupled with the lack of education and outreach identified above means there will be harassment of vendors in our local parks.

In summation, if the city’s goal, as the amendments to Title 18 show, is to support our local entrepreneurial spirit, and keep with SB 946 and 972, then we are sorely lacking in that goal. We should be as supportive as possible of our community. Sidewalk vending has been a good, especially in the Monument, allowing forgot members of our community to access affordable goods. It provides a means for community members to support themselves. We share the common goal of public safety, which requires some regulation, we must maximalize safety while not harming our community. Education instead of fines, outreach, and carve out for traditional lifeways should be the focus of our efforts here.

Thank you,
Concord Community Members

Email above received from:

1. Erik LaDue

2. Micah Pearce

3. Kay Saeyang

From: Kenji Yamada <[email protected]>
Sent: Tuesday, June 24, 2025 1:51 PM
To: City Clerk <[email protected]>
Subject: Public comment on tonight’s item 4b

Dear Council and City Clerk - As a long-term resident of the Monument Community who shops frequently at the 1500 Monument center, I agree with Micah Pearce's comments, already submitted to you, regarding Council's proposed restrictions on mobile vendors in my neighborhood. I ask that Council amend the final ordinance to ensure that Monument vendors are not forced out of business by the imposition of untenable requirements.

From: Gary Croshal <[email protected]>
Sent: Tuesday, June 24, 2025 1:30 PM
To: Concord City Council Email <[email protected]> Subject: Concord City Council - Agenda Item 4b, Sidewalk Vendors

Dear Mayor and Councilmembers,
We appreciate that this ordinance is not a ban on sidewalk vending—but several parts of Title 18 Chapter 12.55 still raise serious concerns.

First, there's no provision for outreach or education about the new licensing requirement.

Without it, many vendors will only learn about the rules through a $250 fine. This effectively punishes rather than informs, and we urge the City to partner with or establish a program to educate vendors.

Second, the exception in 12.55.040(c)(1) would require pop-up produce vendors to get licensed. This unfairly targets a longstanding Delta tradition and criminalizes a cultural practice.

Third, strict rules around vending near park infrastructure, especially without education and outreach, will lead to unnecessary enforcement in community parks.

If the City's aim is to support small businesses and align with SB 946 and 972, this ordinance falls short. Let’s prioritize education over fines, protect traditional vendors, and ensure fair access to public space.

Thanks,
- Gary Croshal, District 4

From: Nakamura, Laura <[email protected]> Sent: Tuesday, June 24, 2025 2:45 PM
To: Barone, Valerie <[email protected]>
Cc: Fockler, Joelle <[email protected]>
Subject: Sharing an article related to item 4. b.

Valerie, please share this with the full council.

Food Freedom
California Promised Street Vendors More Freedom. Instead They Got More Rules.

The state’s “reforms” have saddled merchants with oppressively expensive permitting demands.

Baylen Linnekin |

12.18.2021 8:05 AM

https://reason.com/2021/12/18/california-promised-street-vendors-more-freedom- instead-they-got-more-rules/

Thank you,
Laura

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

Mobile 925-338-1259
Web https://www.lauranakamura.net/
Sign up for my newsletter:
https://www.lauranakamura.net/newsletter

Staff Report
Date: June 24, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Steve Voorhies, Director of Recreation Services William Tarbox, Director of Public Works
Ken Yee, Facilities Maintenance Manager
Prepared by: Matthew Galindo, Recreation Program Manager [email protected]
(925) 671-3327
Subject: Considering approval of a Professional Services Agreement to supply pool sanitation chemicals on an as-needed basis for Concord Community Pool and the Meadow Homes Spray Park
in the amount of $135,000 for the period of July 1, 2025, through June 30, 2026, with the option to extend the
agreement for two additional periods of one year each in the amount of $135,000 per year ($405,000 over three years); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), 15273, 15378, 15301, and/or 15323.

Report in Brief
The agreement with the current vendor to supply pool sanitation chemicals on an as- needed basis for City of Concord operated aquatics facilities expires on June 30, 2025, with no remaining options for an extension. A Request for Bid identified the lowest responsive bidder as SCP Distributors LLC dba Lincoln Aquatics.

The Professional Services Agreement in the amount of $135,000 with SCP Distributors LLC is for an initial period of one year, with the option for two (2) one-year extensions, allowing them to deliver chemicals on an as-needed basis to the City of Concord’s 50-

4.c4.c4.c

City Council Agenda Report
Agenda Item No. 4.c
June 24, 2025
meter aquatic facility, Concord Community Pool, and Spray Park located at Meadow Homes Park.

This agreement is based on competitive pricing for the purchase and delivery of Sodium Hypochlorite, Muriatic Acid and Sodium Bicarbonate in accordance with all applicable Federal, State and County laws, standards and regulations as required for safe community swimming pool and outdoor spray park operations.

Recommended Action
Approve an agreement (Attachment 2) between the City and SCP Distributors LLC dba Lincoln Aquatics in the amount of $135,000 for the period of one year, July 1, 2025, through June 30, 2026, with the ability to extend the agreement for two additional periods of one year each in the amount of $135,000 per year ($405,000 over three years), commencing upon the expiration of this initial or extended period, and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
Concord Community Pool is an 880,000-gallon swimming pool located in Concord Community Park off Cowell Road. The aquatics amenity is programmed by the Recreation Services Department under a yearly operation permit issued by Contra Costa County. The facility provides award winning swim lesson programs, water exercise activities, recreational swimming, fitness lap swimming, and is home to several community-based swim teams, including the Terrapins Swim Team. To maintain safety and sanitation, the pool water must be treated with certain chemicals in specific quantities. These quantities vary depending upon weather conditions, number of swimmers and other factors.

During a standard operating year, Concord Community Pool will utilize approximately:

Sodium Hypochlorite: 24,000 gallons
Muriatic Acid: 4,500 gallons
Sodium Bicarbonate: 10,000 lbs.

The Meadow Homes Spray Park is an outdoor spray park that includes water themed play areas for tots, tweens and teens. The park amenity is operated by Public Works Department under a yearly operation permit issued by Contra Costa County. The Spray Park is free to all park patrons with an operating season that starts Memorial Day weekend and continues until the last Sunday in September. The spray park is closed for the winter.

City Council Agenda Report
Agenda Item No. 4.c
June 24, 2025
During a standard operating year, Meadow Homes Spray Park will utilize approximately:

Sodium Hypochlorite: 8,000 gallons
Muriatic Acid: 2,500 gallons
Analysis
The City issued a request for bid (RFB) in accordance with standard procurement policy. Four pool chemical service providers downloaded the bid package with two companies submitting the required bid documents by the deadline. Lincoln Aquatics, a Concord based business, was determined to be the lowest, responsive, and responsible bidder. The quantities needed of each chemical vary depending on conditions and are ordered on an as needed basis with an overall goal of providing the highest quality swimming pool and outdoor water playground conditions.

Procurement Process
Following the standard process, Request for Bid #0522 was issued on May 22, 2025, seeking bids to provide and deliver pool chemicals on an as-needed basis. As a result, SCP Distributors LLC dba Lincoln Aquatics was selected as the lowest responsible bidder based on the “best value” and ability to meet the City’s requirements. See Attachment 1, Project #0522 Bid Sheet.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and Public Resources Code Section 21065, 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, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities and/or 15323 – Normal Operations of Facilities for Public Gatherings, as it involves swimming pool maintenance. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

City Council Agenda Report
Agenda Item No. 4.c
June 24, 2025
Financial Impact
This agreement (Attachment 2) provides for procurement and delivery of necessary pool and spray park sanitation chemicals at a cost of $135,000 for Fiscal Year 2025-26 and includes the ability to extend the agreement for two additional periods of one year each in the amount of $135,000 per fiscal year. There is a cost increase in pool and spray park chemicals of $30,000 since the last bid was completed in 2021. In anticipation of such an increase, the proposed budget for FY 2025-26 was adjusted accordingly and fully covers the expense.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project RFB #0522 Bid Sheet

2. Agreement with SCP Distributors LLC dba Lincoln Aquatics with Exhibit A – Scope of Services

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on July 1, 2025, between the City of Concord, a California municipal corporation, ("CITY") and SCP Distributors LLC dba Lincoln Aquatics, a Louisiana Corporation, 2051 Commerce Avenue , Concord, CA 94520 (“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, 2026.

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

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

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

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

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed One Hunderd Thirty-

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Five Thousand dollars ($135,000) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 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 Matthew Galindo, Recreation Program Manager of the Recreation Services Department. The CONSULTANT’s authorized representative is Donna Williams, Vice President and CMO.

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

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any

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

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

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

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

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

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

10. INDEMNIFICATION.

A. For Design Professional Services Only. Pursuant to California Civil Code

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

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

11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties. These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.

12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and

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

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.

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

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

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

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

16. CONFLICT OF INTEREST.

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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.

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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: Matthew Galindo,
Recreation Program Manager
Recreation Services Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3327
Email: [email protected]
To CONSULTANT: Donna Williams,
Vice President and CMO
SCP Distributors LLC dba Lincoln Aquatics
2051 Commerce Avenue
Concord, CA94520
Phone: (800)223-5450
Email: [email protected]

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

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

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have

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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Donna Williams Name: Valerie J. Barone
Title: Vice President and CMO Title City Manager
Address: 2051 Commerce Avenue Address: 1950 Parkside Drive Concord,CA 94520 Concord, CA 94519
Telephone: (800)223-5450 ext. 1 Telephone: (925) 671-3150 Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

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

THE SUM OF $135,000. Account Code 100-4213-1Z01-63350 $100,000 Concord Community Pool/ 630-5730-1Z01-71250 $35,000 Meadow Homes Spray Park.

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.

Staff Report
Date: June 24, 2025
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Greg Taylor, Director of Information Technology [email protected]
(925) 671-3189
Subject: Considering approval of an agreement between the City of Concord and the City of Clayton for Concord to provide Police Dispatch, Detention, and Information Technology Support Services for an initial 5-year term, with the option to extend for an additional 5-year term; and authorizing the City Manager to execute 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 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The City of Concord has a long history of contracting to provide Police support services to the City of Clayton dating back to 1999. These services include police dispatching, Computer Aided Dispatch (CAD) software, and temporary holding and detention services. The current agreement, which dates back to 2015, expires June 30, 2025.

The new agreement would continue these Police services beginning July 1, 2025, for an initial 5-year term, with the option to extend for an additional 5-year term. The City of Clayton shall pay the City of Concord $399,214.14 for Year One of the agreement (Fiscal Year 2025/2026) with an annual escalator of five percent for each additional year. This will allow for full cost recovery of the services provided.

The City of Clayton approved the agreement at their City Council meeting on May 20, 2025 (Attachment 1).

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City Council Agenda Report
Agenda Item No. 4.d
June 24, 2025
Recommended Action
Approve an agreement between the City of Concord and the City of Clayton for Concord to provide Police Dispatch, Detention, and Information Technology Support Services for an initial 5-year term, with the option to extend for an additional 5-year term, 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
The City of Concord and the City of Clayton entered into an agreement for Concord to provide Police Dispatch, Detention, and Information Technology Support Services on September 28, 1999. The two cities have maintained this partnership for the past 25 years, with the last agreement that was approved by the Concord City Council starting July 1, 2015. The new proposed agreement begins July 1, 2025, and has an initial 5- year term. If both Concord and Clayton agree, the term can be extended for an additional 5-year term before again requiring City Council approval.

Concord and Clayton determined long ago that each requires dispatch, detention, and IT support services, and that fair, equitable and proportional sharing of the reasonable costs associated with such services will benefit both cities and their citizens. The agreement allows Concord Police Department to provide Police Dispatch services, including 911 call-taking, and temporary holding and detention services, for the City of Cayton. Additionally, Clayton Police use Concord Police Department’s Computer Aided Dispatch (CAD) software system and Records Management system to facilitate communication, reporting, and records functions. Concord’s Information Technology Department provides the technical support of these Concord systems employed by the City of Clayton Police Department.

The City of Clayton has reviewed and approved the agreement at their City Council meeting on May 20, 2025 (Attachment 1).

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15378, and/or 15061(b)(3), 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, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Financial Impact
The cost to the City of Concord for providing the services required by the agreement is paid from the City of Concord’s general fund; but under the terms of the proposed agreement, Clayton’s share of these costs are reimbursed in full by the City of Clayton

City Council Agenda Report
Agenda Item No. 4.d
June 24, 2025
and placed in the City of Concord’s general fund. To continue the practice of full cost recovery, the City of Clayton shall pay the City of Concord $399,214.14 for Year One of the agreement (fiscal Year 2025/2026) with an annual escalator of five percent for each additional year.

Public Contact
The City Council Agenda was posted.

Attachment

1. Concord Clayton Police Services Agreement

Attachment 1

Staff Report
Date: June 24, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering authorizing an increase in the project contingency from 20% to 20.8% ($219,396.10 to $228,191.85) on the existing construction contract with St Francis Electric, LLC for the Citywide Traffic System Upgrade Phase 2 Project (Project No. 2574) to fulfill contract change orders. (Highway Safety Improvement Program Grant Funds, Measure V,
Measure J)
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Citywide Traffic System Upgrade Phase 2 Project (Project No. 2574) (Project) will upgrade traffic signal equipment at 45 intersections throughout the City. See attached location map and intersection list (Attachment 1).

Construction began in September 2024 and was completed in May 2025.

Towards the end of project construction a fiber line was discovered to be deeper than anticipated resulting in a need to raise its elevation which resulted in a project change order. To fully fund the change order there is a need to increase the construction contingency by a small amount, 0.8% or $8,795.75.

4.e4.e

City Council Agenda Report
Agenda Item No. 4.e
June 24, 2025
Recommended Action
Authorize an increase in the project contingency from 20% to 20.8% ($219,396.10 to

20.8% $228,191.85) on the existing construction contract with St Francis Electric, LLC for the Citywide Traffic System Upgrade Phase 2 Project (Project No. 2574) to fulfill contract change orders (Funded by Highway Safety Improvement Program Grant Funds, Measure V, and Measure J Funds).

Background and Analysis
On November 2, 2020, the City applied for Highway Safety Improvement Program (HSIP) grant funding for the Project. On May 11, 2021, Caltrans notified the City that the HSIP grant application was approved by the State. At the same time, Caltrans approved the authorization of the use of state funding for the preliminary engineering (PE) phase of the project. On June 22, 2021, City Council accepted the grant funds and approved the local match for the approved HSIP grant funds. On June 2, 2022, Caltrans approved authorization to move forward with construction. There was a lengthy project delay due to long material lead times, from the supplier to the City, for City furnished material to be installed by the contractor. The construction contract was awarded to St Francis Electric, LLC (SFE) at the August 27, 2024, Council meeting.

Specific traffic signal equipment upgrades in the Project include signal cabinets, signal controllers, pedestrian signal heads, pedestrian push buttons, signal head back plates, and programming Leading Pedestrian Interval (LPI)1 for select intersections.

SFE’s bid on the Project was lower than anticipated, which left additional HSIP grant funding available. This resulted in the need to maximize spending of the original construction contingency as it consisted primarily of grant funding. The scope of work in the original HSIP grant application, which included the installation of traffic signal cabinets and controllers at seventeen intersections, was removed prior to releasing the bid due to funding concerns. This scope of work was brought back into the Project via two large change orders following construction contract award and prior to construction commencing so that the Project would construct what was originally intended and no grant money would be left uninvested in Concord. Construction on the Project began in September 2024 and was completed in early May 2025.

Construction progressed between September 2024 and April 2025, with a pause in work during the holiday moratorium from Thanksgiving to New Years, with minimal issues and very little work necessitating a change order beyond the two change orders to include the additional 17 intersections. One of the final elements of work to be performed in April 2025 was the connection of the two Interstate 680 intersections on Willow Pass Road to the existing fiber network. As part of this work, it was discovered that the existing fiber line was much deeper than originally anticipated and would need 1 A Leading Pedestrian Interval is traffic signal timing that allows pedestrians to enter a crosswalk 3-7 seconds before vehicles are given the green indication.

City Council Agenda Report
Agenda Item No. 4.e
June 24, 2025
to be raised. This necessary work resulted in a change order, the cost for which was primarily covered by the Project’s construction contingency. Of the $20,377 to address this unanticipated field condition, only $8,795.75 remains uncovered, hence the request to provide this additional funding into the project construction contingency. There are sufficient funds in the Project budget to cover this increase in the construction contingency, which will allow for the Project to be closed out.

Financial Impact
The current budget for the Project is $2,517,800 and is funded by State HSIP Grant Funds (Fund 402), Measure V (Fund 490), and Measure J Local (Fund 475) funds.

There are sufficient funds in the Project to cover the $8,795.75 increase in construction contract contingency.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and Public Resources Code Section 21065, increase of construction contingency 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, increase of construction contingency is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and 15304 – Minor Alterations to Land, as it involves upgrading existing traffic signal equipment. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption was filed with the County on June 23, 2021.

Public Contact
The City Council Agenda was posted.

Attachment

1. Location Map and Intersection List

Attachment 1
Location Map
Citywide Traffic System Upgrade Phase 2 Project
City Project No. 2574
Project Intersections

Number Intersection
1 Clayton Road at Alberta Way and Terry Lynn Lane
2 Clayton Road at Babel Lane
3 Clayton Road at Claycord Avenue
4 Clayton Road at Colfax Street and Sunset Avenue
5 Clayton Road at Denkinger Court
6 Clayton Road at Ellis Street
7 Clayton Road at Grant Street
8 Clayton Road at Mendocino Drive
9 Clayton Road at Sixth Street and Coventry Road
10 Clayton Road at The Alameda
11 Clayton Road at Washington Boulevard
12 Clayton Road at West Street and Lavetta Way
13 Concord Avenue at Bisso Lane
14 Concord Avenue at Bonifacio Street and Harrison Street 15 Concord Avenue at John Glenn Drive
16 Concord Avenue at Pacheco Street
17 Concord Avenue at Stanwell Drive
18 Concord Avenue at Via De Mercados
19 Concord Boulevard at Ayers Road
20 Concord Boulevard at Bailey Road
21 Concord Boulevard at Colfax Street
22 Concord Boulevard at Denkinger Road
23 Concord Boulevard at Farm Bureau Road
24 Concord Boulevard at Landana Drive
25 Concord Boulevard at Mt. Diablo Street
26 Concord Boulevard at Parkside Drive
27 Concord Boulevard at Thornwood Drive
28 Concord Boulevard at West Street
29 Galindo Street at Laguna Street and Oak Street
30 Kirker Pass Road at Concord Boulevard
31 Monument Boulevard at Carey Lane and Nursery Lane
32 Monument Boulevard at Reganti Drive
33 Oak Grove Road at Minert Road
34 Port Chicago Highway at Sunset Avenue
35 Treat Boulevard at Bel Air Drive
36 Treat Boulevard at Navaronne Way
37 Treat Boulevard at San Miguel Road
38 Treat Boulevard at San Simeon Drive
39 Treat Boulevard at Turtle Creek Road
40 Treat Boulevard at Winton Drive
41 Willow Pass Road at Colfax Street
42 Willow Pass Road at Gateway Boulevard
43 Willow Pass Road at I‐680 NB On/Off Ramps
44 Willow Pass Road at I‐680 SB On/Off Ramps
45 Willow Pass Road at Sutter Street

Staff Report
Date: June 10, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering approval of Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $518,990 to provide design engineering and related services for the Residential Pavement Maintenance No. 2 (Project No. 2742) for the streets surrounding Cambridge Park, Navaronne Way, and San Simeon Drive; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (State Gas Tax SB1, Fund 266)
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and/or Public Resources Code Section 21065.

Report in Brief
Residential Pavement Maintenance No. 2 (PJ 2742) will rehabilitate pavement in three residential neighborhoods, including the streets surrounding Cambridge Park (Zone 3O), Navaronne Way (Zone 3A), and San Simeon Drive (Zone 3E) (Project). See Attachment 1 for location maps.

Engineering design services are needed to initiate project design and to develop plans, specifications, and construction cost estimates. Staff recommends Pavement Engineering, Inc. (PEI) to provide design engineering services for Project No. 2742 as

4.f4.f4.f4.f

City Council Agenda Report
Agenda Item No. 4.f
June 24, 2025
an approved firm on the City’s Master Service Agreement list based on their extensive experience in the design of past pavement improvements projects with the City.

The Project will begin design in summer 2025, with construction anticipated to begin in summer 2026, and be completed by fall 2026.

Recommended Action

1. Approve an Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $518,990 to provide design engineering and related services for the Residential Pavement Maintenance No. 2 (Project No. 2742) for the streets surrounding Cambridge Park, Navaronne Way, and San Simeon Drive; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. (Funded by State Gas Tax SB1, Fund 266)

2. Make the CEQA determinations as provided in this staff report.

Background
The Project will rehabilitate pavement in three residential neighborhoods, including the streets surrounding Cambridge Park, Navaronne Way, and San Simeon Drive (Zones 3O, 3A, and 3E), grouped administratively as Residential Pavement Maintenance No. 2 (Project No. 2742). The streets selected for this pavement maintenance project are included in the City’s adopted Five-Year Pavement Maintenance Plan and are selected based on several factors, including the latest pavement condition assessment, available budget, visual observation of the streets by Engineering staff, consultation with Public Works Infrastructure Maintenance staff, and other adjacent or associated work such as utility repair and installation projects.

Pavement treatments such as cape seals, mill & fill, and related treatments are to be considered. Work will also include concrete curb ramps improvements, monument preservation, adjustment of utilities, signage, and pavement striping restoration.

The Project is funded by State Gas Tax Senate Bill (SB)1 (Fund 266). Full funding for design and partial funding for construction are currently available, with full funding for construction available by FY 2025-26.

Analysis
Recognizing the unique funding opportunity provided by the State Gas Tax SB1, staff recommend prioritizing the design of residential pavement maintenance projects in all three paving zones grouped administratively to facilitate construction as identified in the Five-Year Plan. Pavement rehabilitation for neighborhoods 3O, 3A, and 3E are timely as they programmed for Years 2, 3 and 4 of the Five-Year Plan, with Year 2 beginning in July 2025.

City Council Agenda Report
Agenda Item No. 4.f
June 24, 2025
This grouping strategy will continue to be utilized for the remainder of the Two-Year Capital Improvement Program (CIP) Budget, by providing fully designed and shovel- ready residential paving projects, allowing for adjustments of construction timing to coordinate with utility main replacements, maximizing opportunities to receive competitive bid pricing, and accelerating completion of pavement repair citywide.

Engineering design services are needed to initiate the design of the Project, select the appropriate pavement treatment, and to develop project plans, specifications, and final construction cost estimates. Limits of pavement work may be adjusted in order to construct improvements within the allocated budget, based on final cost estimates and field review during design.

The preliminary schedule calls for design to begin in summer 2025 and to be completed in winter 2025. Following design, staff will advertise for construction bids. Construction is anticipated to begin in summer 2026 and be completed by fall 2026.

Procurement Process
City staff recommends PEI to provide design engineering services for Project No. 2742 as an approved firm on the City’s Master Service Agreement list. City staff and PEI negotiated the scope of work, and cost for the services, and agreed upon $518,990 as fair and reasonable compensation for the services needed to complete the design phase of the various projects.

PEI is qualified and has extensive experience in the design of pavement maintenance and pavement rehabilitation projects, and has successfully completed the design of the following projects for the City of Concord:
• Pavement Maintenance – Zone 3 (Project No. 2443)
• Pavement Maintenance – Zone 4 (Project No. 2444)
• Citywide Pothole & Base Repair Project (Project No. 2453) • Citywide Arterial & Collector Maintenance Project (Project No. 2458) • Denkinger Road Pavement Rehabilitation (Project No. 2459) • Cowell Road Maintenance Project (PJ 2604)
• Residential Pavement Maintenance – Phase B (Project Nos. 2607 & 2608) Financial Impact
The Project is funded by State Gas Tax SB1 (Fund 266) with adequate funding for the design phase of Residential Pavement Maintenance No. 2 (Project No. 2742). Partial funding for construction is currently available, with full funding for construction available by FY 2025-26.

City Council Agenda Report
Agenda Item No. 4.f
June 24, 2025
Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the award of the Professional Services Agreement does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15273, 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and/or the activities consist of creation of government funding mechanisms or other government fiscal activities which do not constitute a “project”. Even if the award of the Professional Services Agreement did not constitute a project under CEQA, it falls 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.” Accordingly, no further environmental review is necessary. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Professional Services Agreement with Pavement Engineering Inc. for Residential Pavement Maintenance No. 2 (Project No. 2742) Exhibit A, Scope of Work

Attachment 1
Project Location Map
Residential Pavement Maintenance No. 2
City Project No. 2742
PJ 2742

Project Location Map – Zone 3O
Residential Pavement Maintenance No. 2
City Project No. 2742

Project Location Map – Zone 3A
Residential Pavement Maintenance No. 2
City Project No. 2742

Project Location Map – Zone 3E
Residential Pavement Maintenance No. 2
City Project No. 2742

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on June 10, 2025 between the City of Concord, a California municipal corporation, ("CITY") and Pavement Engineering, Inc., 1190 Burnett Avenue, Suite E, Concord, Ca 94520 (“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 June 3, 2025 and expire on June 30, 2027. (OPTIONAL) A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for one additional period(s) of one year(s) each commencing upon the expiration of the initial or extended term, subject to the same terms and conditions of this Agreement.

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

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

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

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed Five Hundred Eighteen Thousand, Nine Hundred Ninety dollars ($518,990.00) for the term of this Agreement. Any

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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 Carlton Thompson, City Engineer of the Community Development Department. The CONSULTANT’s authorized representative is Joe Ririe, President.

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

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any

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

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

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

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

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

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

10. INDEMNIFICATION.

A. For Design Professional Services Only. Pursuant to California Civil Code

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

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

11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties. These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.

12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and

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

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.

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

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

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

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

16. CONFLICT OF INTEREST.

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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.

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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: Carlton Thompson,
City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3182
Email: [email protected]
To CONSULTANT: Joe Ririe,
President
Pavement Engineering
1190 Burnett Avenue, Suite E
Concord, Ca94520
Phone: (805)781-2265
Email: [email protected]

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

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

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have

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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Joe Ririe Name: Valerie J. Barone
Title: President Title City Manager
Address: 1190 Burnett Avenue, Suite E Address: 1950 Parkside Drive Concord,Ca 94520 Concord, CA 94519
Telephone: (805)781-2265 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 24/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $518,990.00. Account Code 266-9500-C999-74500 266-2742-113-74500.

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.

April 16, 2025 MP24-680E
Deyuanne Lei, P.E.

Associate Civil Engineer
City of Concord – Engineering Division
1950 Parkside Drive, MS/40
Concord, CA 94519
Subject: Engineering Design Services for City Project No. 2742: Residential Pavement Maintenance No. 2
Dear Deyuanne:

We appreciate the opportunity to propose on the subject project. Our scope of work and fees for these services are outlined below.

BACKGROUND
The City of Concord has a pavement maintenance project in Zones 3A, 3E, and 3O. The Neighborhood Street List segments and approximate lengths are attached to this proposal. The City requests that the work be divided into three standalone projects: (1) concrete work (curb and gutter, sidewalk, and ADA ramps), (2) slurry seal and cape seal, and (3) grind and overlay.

DESCRIPTION OF SERVICES
Our scope of work includes performing pavement evaluation services which includes coring, developing preliminary estimates, measuring field quantities, utility coordination, monument perpetuation research, curb ramp assessment s and designs, preparing contract documents and engineer’s estimates, and providing bid support services.

The work plan and our approach for this project are summarized below.

TASK 1 – PROJECT ADMINISTRATION & MEETINGS
We anticipate four (4) meetings, including the kick -off meeting, with City staff for the design project. During the kick -off meeting we will confirm the project’s scope of work, schedule, budget and availability of project documents; review project goals; discuss format of deliverables; and clarify the responsibilities of each party for the project. The second meeting is to review the City’s 35% review comments on the preliminary estimates. The other two meetings will be held to review the City’s 65% and 90% review Exhibit A, Scope of Services

Deyuanne Lei, P.E.

MP24-680E
April 16, 2025

Z:\Shared\R Drive\Admin\Text\Marketing\Proposals\Proposals2024\MP24-680 - Concord 3A 3E 3O\MP24-680E.docx comments. In addition to the progress meetings PEI will attend one public outreach meeting and one Bicycle and Pedestrian Advisory Commission (BPAC) meeting. PEI will assist City staff with developing a power point presentation as well as exhibits for both meetings.

TASK 2 – PAVEMENT ANALYSIS & PRELIMINARY ENGINEERING

PEI will core the existing pavement and base material(s) to measure the existing asphalt concrete (AC) and base layer thickness. Samples of the native material under the base will also be collected . This information will be used to determine digout depths and provide an R -Value for the project streets. Knowing this information will help eliminate change orders during construction related to unknown or assumed pavement depths.

TASK 3 – MEASURE FIELD QUANTITIES

PEI will measure and record all pertinent field quantities and physical elements for the project streets, a visual estimation of digout quantities, which will be given as a percentage of the street’s total square footage for each roadway segment. We will also collect quantities of existing traffic striping, pavement markers , traffic signal loop detectors, and utility covers. Taking the time to measure the quantities of each bid item in the field provides confidence that bid quantities are correct, ensures smoother contract administration and reduces the potential for change orders.

Damaged concrete areas, those affecting drainage, or areas with tree root damage identified during field reviews will be quantified and presented in a table format on the plans.

TASK 4 – MONUMENT PERPETUATION

PEI will subcontract with Pace Engineering to perform the monument perpetuation research needed for the project.

The research will assist the City with the monument identification and preservation process (State Business and Professions Code Section 8771) by performing a records search to locate any potential recorded survey monuments within the street limits. Our surveyor will prepare three (3) separate written reports for each neighborhood zone that PEI will review with the City to determine which monuments might potentially be disturbed during construction and how they should be perpetuated.

Our work excludes physically locating and tying off the existing monuments prior to construction and/or establishing new monumentation after construction.

Deyuanne Lei, P.E.

MP24-680E
April 16, 2025

Z:\Shared\R Drive\Admin\Text\Marketing\Proposals\Proposals2024\MP24-680 - Concord 3A 3E 3O\MP24-680E.docx TASK 5 – UPDATE STREETSAVER DATABASE

For this project, our work will include calculating the area of each street segment and updating StreetSaver.

TASK 6 – CONCEPT LEVEL BUDGET ANALYSIS

Following the field evaluation work described in Tasks 2 and 3, PEI will compile all our field data. This will include a summary of the pavement thicknesses, a summary of curb ramp compliance and recommendations for improvement, and concrete repair areas. All preliminary items of work will be incorporated into preliminary engineer’s cost estimates for each roadway segment.

PEI will meet with the City to review the gathered information. As part of the meeting, we will review preliminary cost information for the street segment s and a life cycle cost analysis (LCCA).

This meeting is where critical decisions are made about how far the budget can be stretched. At the conclusion of this meeting, PEI and the City will have a clear understanding about the specific design approach that will be implemented for the project.

In addition to the tasks listed above, PEI will coordinate with City staff to obtain the following information:
• Utility agencies contact information
• Other available design data such as the latest drainage facility maps, City standards, front-end specifications, etc.

TASK 7 – SURVEY

PEI will survey areas on several streets were ponding occurs as indicated from the City provided documents

Phase 7.1 – Survey (Allowance)
PEI will use this allowance for additional surveys that may be needed for ADA ramps and areas of ponding not indicated by the documents provided by the City but identified during the measurement of field quantities

Deyuanne Lei, P.E.

MP24-680E
April 16, 2025

Z:\Shared\R Drive\Admin\Text\Marketing\Proposals\Proposals2024\MP24-680 - Concord 3A 3E 3O\MP24-680E.docx TASK 8 – CURB RAMP DESIGNS

PEI will review, evaluate, and design curb ramps associated with the street repair project.

For this work, PEI has identified thirty-five (35) ramp locations within the project limits that will be evaluated for ADA compliance.

PEI will collect the quantities necessary to construct each ramp. The quantities will be tabulated and included in the plan set similar to previous work PEI has performed for the City.

If any of the curb ramps require detailed design, additional fees will be required.

TASK 9 – PREPARATION OF PLANS, SPECIFICATIONS & ESTIMATES

At the 65% submittal for each project, PEI will create base sheets using aerial imagery and field measurements. All field data will be compiled and used to generate plan sets and engineer’s estimates. This information will be considered the 65% submittal.

At the 90% submittal, PEI will pr epare the technical specifications and incorporate the City’s 65% submittal comments into the contract documents.

After the 90% review submittal, we will meet with the City staff to resolve any outstanding issues and will adjust the contract documents accordingly.

PEI will provide a copy of the final contract documents (100% complete) to the City for its use, along with electronic copies of all work at the completion of the project. In addition, PEI will provide electronic files of any “work in progress” items at a ny time during the project at the City’s request.

This assumes all work will be performed at the same time. Preparing separate bid packages will result in additional fees.

Phase 9.1 – Utility Research and Coordination
PEI will coordinate with local utility companies and incorporate all utility facilities impacted by the project into the contract documents. PEI will collect the location of all visible utility covers located within the project street limits. This inform ation will be supplemented with information gathered from PEI’s outreach to utility companies. PEI will obtain a current listing of utility companies and contact information from the City for this task.

Deyuanne Lei, P.E.

MP24-680E
April 16, 2025

Z:\Shared\R Drive\Admin\Text\Marketing\Proposals\Proposals2024\MP24-680 - Concord 3A 3E 3O\MP24-680E.docx TASK 10 – BID SUPPORT SERVICES

During the bid period, PEI will be available to answer any specific questions from the City and Contractor concerning the design. Should the need arise, we will prepare addend a as required. In addition, we will also be available to attend a pre-bid meeting and provide assistance reviewing and evaluating bids.

TASK 11 – CONSTRUCTION SUPPORT SERVICES

During the construction period, PEI will be available to answer any specific questions from the City and Contractor concerning the design. PEI will also be available to assist the City with submittal review, responding to construction RFI’s, and review construction claims. All fees for this task will be on a time and materials basis.

PROJECT DELIVERABLES

• 35% design: preliminary cost estimate and LCCA
• 65% design: field measurements, engineer’s estimate, curb ramp, monument perpetuation, and draft plans.
• 90% design: plans, technical specifications and engineer’s estimate. • 100% design: one electronic copy of finalized plans, technical specifications and engineer’s estimates.

EXCLUDED WORK

Our work excludes providing topographic survey of roads, researching ROW, developing traffic control or phasing plans, developing City’s front-end specifications and special provisions, extensive traffic striping and pavement marking changes, identifying the locations of digouts to address base repairs, marking digouts during construction, providing testing, inspection or management services during construction , preparing as- built or record drawings, and storm water mitigation or design . Public outreach is also excluded. Any of the excluded services can be added to our scope at any time for additional fees.

PROPOSED WORK SCHEDULE

PEI understands time is of the essence and is committed to delivering a quality product within the specified time frame . We understand that the City wants to advertise Mid- March of 2026 and start construction in the summer of 202 6. In order to meet that time frame, final contract documents will need to be submitted the first week of January 2026.