Cities Index.
Agenda packet

Concord City Council
January 27, 2026

Document
Agenda packet
Meeting
January 27, 2026
Body
Concord City Council
Pages
397
Original file
43.2 MB
Text extracted from the city's file for reading and search. Open the original on stream2.ci.concord.ca.us. That file is the official record.

1 COUNCILMEMBERS
Laura M. Nakamura, Mayor
Dominic D. Aliano, Vice Mayor
Pablo Benavente
Laura M. Hoffmeister
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday
January 27, 2026
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

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

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

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

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

2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely. 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, 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, 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, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/81920608141?pwd=S_op2LKImXCip4K6lpaoOvUC9v2m Tw.ufD-V988a-LWjAX- or Zoom Webinar ID: 819 2060 8141 and Passcode: 929505 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 - Councilmember Announcements of "Just Cause" Remote Participation
Pledge of Allegiance – Councilmember Obringer

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

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

3. PRESENTATIONS
a. Presentation - to Yvette Williams, Back on Track Community Services, proclaiming January 2026 as "Human Trafficking Awareness" month in the City of Concord. Presentation by Mayor Nakamura.

4. ANNOUNCEMENTS
a. Announcing – an opening for the business community representative on Concord's Measure V Oversight Committee for four-year term ending December 31, 2029, and setting a deadline of Friday, February 27, 2026, at 5 p.m. for applications to be due to the City Clerk. Report by Joelle Fockler, City Clerk.

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 5. 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 of the January 13, 2026, Regular Meeting. Recommended by the City Clerk.
b. Considering – approval of the purchase of two replacement Palo Alto Network Firewalls, core security subscriptions, and 5 years of premium support from Optiv Security Inc., in an amount not-to-exceed $437,227, including a 10% contingency. (IT Replacement 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. c. Considering – approval of the purchase of three years of maintenance support, including hardware upgrades, for the City’s Pure Computer Storage System from ePlus Inc. in an amount not-to-exceed total for all three years of $168,378, including a 10% contingency. (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. d. Considering – approval of the purchase of a one-year subscription of CrowdStrike Falcon Complete with Identity Protection cybersecurity software from ePlus Inc. in an amount not-to-exceed $126,877, including a 10% contingency. (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. e. Considering:

1. Award of a construction contract in the not-to-exceed amount of $360,549 to Alex Kushner General, Inc. and authorizing an available project contingency for contract change orders up to 20% of the contract amount for the Baldwin Park Dance Studio and Bathroom Reconfiguration (Project No. 2771) located at 2790 Parkside Drive, Suite B; ratification of staff’s determination and action on the bid protest; and authorizing the City Manager to execute the contract in a 5 form acceptable to the City Attorney; (Measure V, Fund 407 & 490, and Building Maintenance Fund, Fund 630)

2. Approval of a budget transfer of $275,000 from Residential Pavement Maintenance – Phase B (Project No. 2608) (Measure V, Fund 490); and

3. Authorizing the City Engineer to accept the improvements upon completion of Baldwin Park Dance Studio and Bathroom
Reconfiguration (Project No. 2771) and directing the City Clerk to file a Notice of Completion. 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/or Public Resources Code Section 21065.
f. Considering:

1. Award of a construction contract in the amount of $1,256,805 to Spencon Construction, Inc. for the Residential Pavement Maintenance Phase F – Concrete Improvements Project located in portions of three neighborhoods, Monte Gardens, Dana Estates, and East Concord (City Project Nos. 2611 & 2624) and authorizing a project contingency for contract change orders up to 20% of the contract amount; and authorizing the City Manager to execute the contract in a form acceptable to the City Attorney;

2. Approval of Task Order No. 6 with UNICO Engineering in the not-to- exceed amount of $732,145.03 to provide construction management, inspection, materials testing, and related services for the Residential Pavement Maintenance Phase F and authorizing the City Manager to execute the Task Order in a form acceptable to the City Attorney;

3. Approval of Amendment No. 2 to the Professional Services Agreement with Bellecci & Associates for additional design services for the Residential Pavement Maintenance Phase E & Phase F Projects (Project Nos. 2611, 2613, 2621 & 2624) in the amount of $48,548 (for a new not-to-exceed amount of $977,819.20) and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney; and

4. Authorizing the City Engineer to accept improvements upon completion of the Residential Pavement Maintenance Phase F – Concrete Improvements Project and directing the City Clerk to file a Notice of Completion. (Funded by Measure V, Fund 490)
Recommended by the Director of Community Development.
6 CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273,15378, 15301, 15302, 15303, 15304 and/or Public Resources Code Section 21065.

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

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Considering – the following:

1. Adoption of a Resolution amending the City’s General Plan Land Use Element; and

2. Introduction of an Ordinance amending the Concord Municipal Code, Title 18 (Development Code), Chapters 18.15 (Zoning Districts and Zoning Map), 18.25 (Development and Land Use Approvals),

18.40 (Office and Commercial Districts), and 18.410 (Zoning Clearance), and adding Chapter 18.120 (Affirmatively Furthering Fair Housing Overlay District) and rezoning approximately 20 acres to apply the Affirmatively Furthering Fair Housing Overlay District to implement state law and Objective 8.6 of the 2023-2031 Housing Element by reading of the title only and waiving further reading.

Report by Benjamin Ulrey, Associate Planner.

CEQA: Statutorily Exempt from CEQA Pursuant to Public Resources Code 21080.085, Enacted by Senate Bill 131 (2025); and/or not a Project/Exempt Pursuant to Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), and 15378.

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

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

9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 2/10/2026 6:30 PM
7 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.

Staff Report
Date: January 27, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Monique Robinson, Deputy City Clerk
[email protected]
(925) 671-3295
Subject: Announcing an opening for the business community representative on Concord's Measure V Oversight Committee for four-year term ending December 31, 2029, and setting a deadline of Friday, February 27, 2026, at 5 p.m. for applications to be due to the City Clerk.

Report in Brief
In accordance with Policy and Procedure No. 89, this announcement initiates a recruitment to fill an opening for the business community position on the Measure V Oversight Committee for a four-year term ending December 31, 2029, and setting a deadline of Friday, February 27, 2026, at 5 p.m. for applications do be due to the City Clerk. All incumbents may apply for reappointment.

Applications will be available for completion on the City’s website beginning Wednesday, February 28, 2026.

Recommended Action
Announce a recruitment for the business community position on Concord's Measure V Oversight Committee for a four-year term ending December 31, 2029, and set a deadline of Friday, February 27, 2026, at 5 p.m. for applications to be due to the City Clerk.

Background
The Measure V Oversight Committee consists of five members; at least one representing the business community, at least three residents of the City of Concord,

4.a4.a4.a

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City Council Agenda Report
Agenda Item No.

January 27, 2026
and the fifth member from either category. Members serve four-year terms. The Measure V Oversight Committee annually fulfills two areas of responsibility related to the City’s Measure V 1% (one cent) rate use and transaction tax:

1. Review the City’s annual audit report related to the Measure V tax revenue and expenditures; and

2. Provide recommendations to the City Council on the use of Measure V revenue.

The Committee produces a report that records the results of its review of the City’s audit and its recommendations for expenditure of the revenue generated from the tax. The report is presented to the Council at a public meeting and is a public record as part of the budget review and approval process.

Current members/terms overview
Members Term Expires
Brian Beckon December 31, 2025
Brandy Leidgen (Business Representative) December 31, 2025 Janielyn Bayona December 31, 2027
Gregory Grassi December 31, 2027
Michelle Lane December 31, 2027
In October 2025 a recruitment was held to fill two positions on the Measure V Oversight Committee, one position from the business community, and one position from either the business community or a Concord resident, for four-year terms ending December 31, 2029. This recruitment resulted in receipt of 12 applications, including resident position incumbent Brian Beckon. Business community representative Brandy Leidgen did not reapply. Of the 12 applications received, 9 applicants qualified for the position – 8 for the resident position and 1 for the business community representative.

Due to a clerical error, the five (5) day extension required by Policy and Procedure No. 89 was not held. Because the five-day extension was not held and only one application was received for the business community representative, another recruitment for the business community representative is necessary.

The business community representative applicant was notified of this recruitment, and their original application will be considered along with any additional applications received from this recruitment.

Interviews for both positions (resident and business community representative) will be held by the Council Committee on Policy Development and Internal Operations (PDIO)

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City Council Agenda Report
Agenda Item No.

January 27, 2026
in early March, after the current recruitment closes and the applications are reviewed for eligibility.

Public Contact
The City Council Agenda was posted. The current members will be notified, and a news release will be issued and distributed. The announcement will be televised on the Concord TV Cable Channel 28 (Comcast) and Channel 29 (Wave) Community Bulletin Board. The news release will be posted at the Concord Senior Center, Concord Police Department, the Concord Library, in the City’s agenda display case, on the City’s website, and via social media.

Attachments

1. Policy & Procedure No. 89, Council Appointments to Boards & Commissions

2. Concord Resolution No. 21-4, Measure V Oversight Committee

Page 3 of 10 ends

1 CITY OF CONCORD

Number:

Authority:

Effective:

Revised:

Reviewed:

Initiating Dept.:
89 Council Motion
12-11-78
4/27/2021
CM

COUNCIL APPOINTMENTS TO BOARDS AND COMMISSIONS

1. P URPOSE
To establish procedures to be used in accepting applications for and making appointments to fill openings on the various Council-appointed Boards and Commissions (Municipal Code, Chapter 2.20).

2. S UBMISSION OF APPLICATIONS

2.1 Applications for Boards or Commissions shall be available on the City’s website.

2.2 The application and description of Boards and Commissions will be made available to Qualified appli-
cants and expiring term Boards and Commissions members. Those seeking reappointment or appoint- ment to a Board or Commission must submit a completed application to the City Clerk by the deadline stated in the notice. If any seated incumbent does not submit an application by the application dead- line, the application period will extend by five (5) working days, and the extended submittal deadline will be posted on the City’s website.

Applications shall be considered active until the applicant has had the opportunity to complete a recruitment and appointment cycle for each position for which they have applied.

2.3 To ensure applicants understand the responsibil ities of the Board/Commission, a statement of respon-
sibility prepared by the liaison will be provided to an applicant at the time of submission of the appli- cation and to the Council Committee to read to each candidate before the interview.

3. N OTIFICATION OF OPENINGS

3.1 The
City Clerk shall schedule City Council agenda items for the announcement of expiring terms of members at least three months prior to expiration dates. Terms for all Boards and Commissions ex- pire as shown on the schedule (Section 6). Expiring terms shall be considered as automatically ex- tended beyond the expiration to the date the City Council makes new appointments.

3.2 The
City Council shall call for new applications, setting a date certain during the months indicated in Section 6 as the closing deadline for the receipt of applications. Public notice of openings, including a statement that incumbents may reapply, shall be made in advance of the closing deadline and interes- ed parties and organizations shall be notified.

3.3 Prior to the closing deadline, the City Clerk in partnership with the staff liaison to the recruiting Board/Commission will review the submitted applications to determine the recruitment resulted in a
sufficient pool of applicants. Should staff determine that the City has not received an adequate pool of applicants, the City Clerk will make a recommendation through the Mayor to announce an extension of the recruitment at the next available regular meeting.

3.4 The City Council or City Council
Committee shall review applications and will conduct interviews with applicants, reserving the right to waive interview process with previously interviewed or incum- bent applicants.

POLICY & PROCEDURE
Attachment 1

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POLICY & PROCEDURE NO. 89

2 3.5 The City Clerk shall schedule a City Council agenda item as indicated in Section 6 to publicly appoint persons to a designated term.

3.6 The City Clerk shall prepare appropriate letters confirming appointments and prepare, for the Mayor's signature, letters to those not appointed.

3.7 In making appointments, the City Council shall make appointments th at result in the influx of new ideas and perspectives while, at the same time, ensuring continuity and expertise.

3.8 No individual shall be appointed to serve as a member on more than one City Board or Commission, unless such dual membership is provided for in Chapter 2.20 of the Municipal Code; however, they may serve as an appointee to an advisory body of an outside agency.

3.9 The City Council may appoint one or more alternates to any Board, Commission, or Committee as provided for in Chapter 2.20 of the Municipal Code.

4. APPOINTMENTS

4.1 Members of a City Board or Commission serve at the pleasure of the City Council. An appointment to a Board or Commission is revocable at any time, without cause, by a majority vote of the City Council. A Council Committee review or recommendation is not required for the Council to consider or take such action.

4.2 In the event openings occur prior to the expiration of a member’s term, the Chair of the appointing Council Committee may review the app licant list if it is no older than 12 months and make a recom- mendation to the full Council of an appointment for the vacant seat. If the Committee Chair does not believe there is an adequate pool from which to select, the Chair may recommend to the full Co uncil that the Council call for a recruitment to obtain new applications to fill the unexpired term.

5. ATTENDANCE

5.1 Any member of a City Board or Commission who absents him/herself from three consecutive meet- ings without being excused will be deemed to have resigned his/her office, and the City Council may appoint a new member to serve in the place of such absent member. The City Council shall make the ultimate determination of whether the absence was excused.

5.2 Should the Board or Commission member have three unexcused absences within a fiscal year, staff is to provide pertinent information to the City Clerk who will notify the member of his resignation.

6. SCHEDULE

6.1 A formal recruitment will occur on odd-numbered years, or when an interim vacancy occurs.

Board or Commission
Announce
Openings
1st available Council
Meeting in
Deadline for
Applications: 30
days
following
announcement
City Council
Appointments
1st available
Meeting in
Terms
Begin
Terms
Expire
Bicycle and Pedestrian
Advisory Committee
November January February March 1 February 28
Board of Appeals November January February March 1 February 28 Planning Commission November January February March 1 February 28 Personnel Board November January February March 1 February 28

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POLICY & PROCEDURE NO. 89

3 Board or Commission
Announce
Openings
1st available Council
Meeting in
Deadline for
Applications: 30
days
following
announcement
City Council
Appointments
1st available
Meeting in
Terms
Begin
Terms
Expire
Design Review Board November January February March 1 February 28 Parks, Recreation & Open
Space Commission March May June July 1 June 30
Community Services
Commission March May June July 1 June 30
Concord Pleasant Hill Health
Care District Grant
Committee
March May June July 1 June 30
Commission on Aging March May June July 1 June 30
Measure V Oversight
Committee
October November December January 1 December 31
Concord Pavilion Outreach
Committee
November January February March 1 February 28
Youth Members on the Parks, Recrea-
tion & Open Space Commission
Appointed annually by the Parks,
Recreation & Open Space Commission

6. 2 Scheduling may be operationally adjusted by the City Clerk.

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Attachment 2

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REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JANUARY 13, 2026
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, January 13, 2026, with Mayor Nakamura 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, Carlyn Obringer, Laura Nakamura
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; Jasmin Loi, Director of Human Resources; Mindy Gentry, Director of Community Development; James Nakayama, Police Captain; Colleen Awad, Community Relations Manager; Aaron Sage, Planning Manager; Carlton Thompson, City Engineer; Frank Abejo, Principal Planner; Abhishek Parikh, Deputy Director of Public Works; Sara Castro, Senior Human Resources Analyst; Bernard Enrile, Senior Civil Engineer; Bruce Davis, Senior Civil Engineer; Ben Ulrey, Associate Planner; Scott Watkins,
Associate Planner; Tianjun Cao, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: John Tague, Concord; Linda Olvera, Martinez; Sethu Ramu, Concord; Aidan Chavez, Concord; Evan Prejeelh, Concord; Anderson Chu, Concord; Seth Bertolucci; Jeremy Drake;
Monica; Marcia Oliver Brown; Angie Hunter; Anonymous

PUBLIC COMMENT PERIOD
John Tague, Concord, spoke.

Linda Olvera, Martinez, expressed concern regarding the transfer of the San Francisco Immigration court to Concord.

Sethu Ramu, Concord, raised awareness on the dangers of underage riding E-bikes.

Aidan Chavez, Concord, spoke about underage E-bike usage.

Evan Prejeelh, Concord, raised awareness on the dangers of minors riding E-bikes.

Anderson Chu, Concord, spoke on awareness of the dangers of E-Bikes Seth Bertolucci, introduced himself and shared information on the upcoming local news and media app “Small World” coming to Concord.

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City Council Minutes January 13, 2026
2 Jeremy Dake, Small World, introduced himself to the City Council and public to their upcoming local news and media app called Small World.

PRESENTATIONS
MARTIN LUTHER KING DAY – January 19, 2026

Public comment was provided by:

Monica
Marcia Oliver Brown
Angie Hunter

CITY COUNCIL CONSENT CALENDAR
No Public comment was received.

APPROVE MINUTES – December 2 and 9, 2025, Regular Meetings and December 9 and 16, 2025, Special Meetings
A motion was made by Hoffmeister and seconded by Benavente to approve the minutes of the December 2 and 9, 2025, Regular Meetings and the December 9 and 16, 2025, Special Meetings. The motion passed by unanimous vote of the Council.

ADOPT ORDINANCE NO. 25-8 – Amending Concord Municipal Code, Title 15 (Building and Building Regulations)
A motion was made by Hoffmeister and seconded by Benavente to adopt Ordinance No. 25-8 entitled, “An Ordinance Amending the Concord Municipal Code Title 15 (Building and Building Regulations) to Include the 2025 California Building Standards Code and the 2024 Uniform Swimming Pool, Spa and Hot Tub Code, and Ratifying Amendments to the 2025 California Fire Code and 2025 California Wildland-Urban Interface Code Contained in the Contra Costa County Ordinances No. 2025-14 and No. 2025-15." Ordinance No. 25-8 was introduced on November 4, 2025, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 26-1, AND ACCEPT GRANT FUNDING FROM MTC – Rocketship/Glenbrook Sidewalk Gap Closure
This item was pulled from consideration on the Consent Calendar by Councilmember Obringer.

A motion was made by Obringer and seconded by Benavente to;

1. Adopt Resolution No. 26-1 entitled, “A Resolution Approving a Request to the Metropolitan Transportation Commission by the City of Concord for an Allocation of $208,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2026-27 for the Rocketship/Glenbrook Sidewalk Gap Closure Project, Located on Olivera Road between Hillsborough Drive and Thunderbird Drive” and

2. Authorize the City Manager to accept and appropriate grant funding from MTC up to $208,000 and execute all necessary documents in a form acceptable to the City Attorney.

The motion was passed by unanimous vote of the Council.

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City Council Minutes January 13, 2026
3 DEFER IMPLEMENTATION OF OBJECTIVE 4.7
A motion was made by Hoffmeister and seconded by Benavente to defer the implementation of Objective 4.7 2023-2031 Housing Element to facilitate affordable housing development on property owned by public education agencies. The motion was passed by unanimous vote of the Council.

AUTHORIZE DESIGNATION OF THE UNITED STATES POSTAL SERVICE OFFICE BUILDING This item was not considered by the City Council.

AUTHORIZE INCREASE TO CONTINGENCY ON EXISTING CONSTRUCTION CONTRACT – Residential Pavement Maintenance Phase E Project (Project Nos. 2613 & 2621) A motion was made by Hoffmeister and seconded by Benavente to authorize an increase to the contingency from 15% to 21% (an increase of $453,780) on the existing construction contract with Bay Cities Paving & Grading Inc. for the Residential Pavement Maintenance Phase E Project located on Port Chicago Highway and the St. Francis Park and Holbrook Heights neighborhoods (City Project Nos. 2613 & 2621) to cover additional paving and fiber optic work.

AWARD CONSTRUCTION CONTRACT, APPROVE BUDGET TRANSFER, AND ACCEPT IMPROVEMENTS – Citywide Accessibility Improvements No. 12 (Project No. 2728) A motion was made by Hoffmeister and seconded by Benavente to;

1. Award a construction contract in the amount of $400,988 to Rosas Brothers Construction, authorize staff to utilize the available project contingency for contract change orders up to 10% of the contract amount, and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the NEPA and CEQA determinations as provided in this staff report; and

2. Approve related budget transfers in the total amount of $210,000 from Street Maintenance Project No. 1 (Project No. 2736); and

3. Authorize the City Engineer to accept the improvements upon completion of Project No. 2728 and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

DEFER IMPLEMENTATION OF HOUSING ELEMENT OBJECTIVE 16.1
A motion was made by Hoffmeister and seconded by Benavente to defer the implementation of Housing Element Objective 16.1, facilitating tiny homes and cottage developments on religious institution sites. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 26-2 – Accepting Development Impact Fee Report for FY 2024-2025 – AB 1600
A motion was made by Hoffmeister and seconded by Benavente to adopt Resolution No. 26-2 entitled, “A Resolution Finding that there Remains a Reasonable Relationship between Current Needs for the Housing Inclusionary In-lieu Fee, Parking In-lieu Fee, Offsite Street Improvement Program (OSIP), Art in Public Places, and Master Storm Drain Fees, and the Purposes for which they were Originally Charged (Government Code Section 66000 et. Seq).” The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION No. 26-3, AND APPROVE TASK ORDER – Enhanced Collision Dashboard (Project TRA-26-001)
A motion was made by Hoffmeister and seconded by Benavente to;

Page 3 of 12 ends

City Council Minutes January 13, 2026
4 1. Adopt Resolution No. 26-3 entitled, “A Resolution Accepting and Appropriating a $300,000 Grant from the California Office of Traffic Safety (OTS) to Enhance the City’s Collision Dashboard and Approval for use for the development of the Enhanced Collision Dashboard for Concord (Project TRA-26-001);” and

2. Approve a Task Order with TJKM Transportation Consultants under the existing Master Services Agreement (MSA), Agreement No. CCA-6083, in an amount not to exceed $300,000 to develop and configure OTS grant-funded dashboard features and authorize the City Manager to execute the task order in a form acceptable to the City Attorney.

The motion passed by unanimous vote of the Council.

APPROVE PROFESSIONAL SERVICES AGREEMENT – Mount Diablo Creek Restoration Study Project (Project No. 2805, FAIN No. HQ00052510032)
A motion was made by Hoffmeister and seconded by Benavente to approve a Professional Services Agreement with Environmental Science Associates in a not-to-exceed amount of $250,750 for project design and related services for the lower Mount Diablo Creek Restoration Study Project (Project No. 2805, FAIN No. HQ00052510032), 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.

APPROVE TASK ORDER NO. 3 –Storm Drain Master Plan Project (Project No. 2732) A motion was made by Hoffmeister and seconded by Benavente to approve Task Order No. 3 with Geosyntec Consultants, Inc. in the amount of $100,700 for a new total not-to-exceed amount of $291,356 to provide design engineering and related services for the Storm Drain Master Plan Project (Project No. 2732), and authorize the City Manager to execute the Task Order in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEM

APPROVE CITY MANAGER CANDIDATE PROFILE
Sara Castro, Senior Human Resources Analyst, presented the staff report.

Public comment provided by John Tague.

A motion was made by Hoffmeister and seconded by Obringer to approve the City Manager candidate profile. The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARING
INTRODUCE ORDINANCE NO. 26-425.1 – Amending Concord Municipal Code Title 18 (Development Code) and Implementing State Law and Objective 2.6 of the 2023-2031 Housing Element Public comment was provided by
John Tague
Anonymous

A motion was made by Hoffmeister and seconded by Benavente to introduce an Ordinance No. 26-425.1 entitled, “An Ordinance Amending Title 18 (Development Code), Chapters 18.30 (Residential Districts) and 18.40 (Office and Commercial Districts) to Increase Maximum Residential and Mixed-Used Building Heights in the Community Office (CO), Commercial Mixed Use (CMX), and Residential High Density (RH) Zoning Districts to Implement State Law and Objective 2.6 of the 2023-2031 Housing

Page 4 of 12 ends

City Council Minutes January 13, 2026
5 Element” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 7.a – Letter to Melanie Koslow, Mt. Diablo School District re: support for Mt.

Diablo USD’s CEC GFO-25-301 (EPIC) DRIVES Grant Application dated November 10, 2025. b. Agenda Item No. 7.b – Letter to Rabbi Kesselman re: standing in solidarity with the Jewish communities in Concord, dated December 17, 2025.
c. Agenda Item No. 4.e – Benched Correspondence
d. Agenda Item No. 6.a – Housing Element Update: Objective 2.6 - PowerPoint Presentation

COUNCIL REPORTS

APPOINTING COUNCILMEMBERS TO REPRESENT THE CITY COUNCIL ON COUNCIL

COMMITTEES, REGIONAL BODIES, AND BOARDS OF VARIOUS EXTERNAL ORGANIZATIONS Mayor Nakamura announced appointments to the Council Committees, Regional Bodies, and Boards of Various External Organizations for 2026 as follows:

APPOINTEES

CHAIR MEMBER
Standing Committees
Policy Development and Internal Operations Nakamura Aliano Housing and Economic Development Obringer Benavente
Infrastructure and Franchise Aliano Hoffmeister
Recreation, Cultural Affairs & Community Services Benavente Nakamura Youth and Education Hoffmeister Obringer

MEMBER SECOND MEMBER

OR ALTERNATE
External Council Appointments
Association of Bay Area Governments (ABAG)
General Assembly Aliano Benavente
Central Contra Costa Transit Authority (The
County Connection) Hoffmeister Nakamura
Contra Costa Mayors Conference Nakamura Aliano
League of CA Cities Board of Directors (East Bay
Division) Aliano Benavente
Transportation Partnership and Cooperation
Regional Committee (TRANSPAC) Obringer Nakamura
Marin Clean Energy Board Nakamura Aliano
Green Empowerment Zone Obringer Benavente

Page 5 of 12 ends

City Council Minutes January 13, 2026
6 Innovate 680 PAC Obringer Hoffmeister
No public comment was provided.

A motion made by Obringer and seconded by Hoffmeister to accept Councilmember appointments to represent the City Council on Council Committees, Regional Bodies, and Boards of Various External Organizations. The motion passed by unanimous vote of the Council.

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 January 13, 2026, at 8:31 p.m.

LAURA M. NAKAMURA
MAYOR

JOELLE FOCKLER

CTY CLERK

Page 6 of 12 ends

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JANUARY 13, 2026
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, January 13, 2026, with Mayor Nakamura 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, Carlyn Obringer, Laura Nakamura
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; Jasmin Loi, Director of Human Resources; Mindy Gentry, Director of Community Development; James Nakayama, Police Captain; Colleen Awad, Community Relations Manager; Aaron Sage, Planning Manager; Carlton Thompson, City Engineer; Frank Abejo, Principal Planner; Abhishek Parikh, Deputy Director of Public Works; Sara Castro, Senior Human Resources Analyst; Bernard Enrile, Senior Civil Engineer; Bruce Davis, Senior Civil Engineer; Ben Ulrey, Associate Planner; Scott Watkins,
Associate Planner; Tianjun Cao, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: John Tague, Concord; Linda Olvera, Martinez; Sethu Ramu, Concord; Aidan Chavez, Concord; Evan Prejeelh, Concord; Anderson Chu, Concord; Seth Bertolucci; Jeremy Drake;
Monica; Marcia Oliver Brown; Angie Hunter; Anonymous

PUBLIC COMMENT PERIOD
John Tague, Concord, spoke.

Linda Olvera, Martinez, expressed concern regarding the transfer of the San Francisco Immigration court to Concord.

Sethu Ramu, Concord, raised awareness on the dangers of underage riding E-bikes.

Aidan Chavez, Concord, spoke about underage E-bike usage.

Evan Prejeelh, Concord, raised awareness on the dangers of minors riding E-bikes.

Anderson Chu, Concord, spoke on awareness of the dangers of E-Bikes Seth Bertolucci, introduced himself and shared information on the upcoming local news and media app “Small World” coming to Concord.

Benched Agenda Item No. 5.a
January 27, 2026
Changes in Redline/Strikeout Font

Page 7 of 12 ends

City Council Minutes January 13, 2026
2 Jeremy Dake, Small World, introduced himself the City Council and public to their upcoming local news and media app called Small World.

PRESENTATIONS
MARTIN LUTHER KING DAY – January 19, 2026

Public comment was provided by:

Monica
Marcia Oliver Brown
Angie Hunter

CITY COUNCIL CONSENT CALENDAR
No Public comment was received.

APPROVE MINUTES – December 2 and 9, 2025, Regular Meetings and December 9 and 16, 2025, Special Meetings
A motion was made by Hoffmeister and seconded by Benavente to approve the minutes of the December 2 and 9, 2025, Regular Meetings and the December 9 and 16, 2025, Special Meetings. The motion passed by unanimous vote of the Council.

ADOPT ORDINANCE NO. 25-8 – Amending Concord Municipal Code, Title 15 (Building and Building Regulations)
A motion was made by Hoffmeister and seconded by Benavente to adopt Ordinance No. 25-8 entitled, “An Ordinance Amending the Concord Municipal Code Title 15 (Building and Building Regulations) to Include the 2025 California Building Standards Code and the 2024 Uniform Swimming Pool, Spa and Hot Tub Code, and Ratifying Amendments to the 2025 California Fire Code and 2025 California Wildland-Urban Interface Code Contained in the Contra Costa County Ordinances No. 2025-14 and No. 2025-15." Ordinance No. 25-8 was introduced on November 4, 2025, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 26-1, AND ACCEPT GRANT FUNDING FROM MTC – Rocketship/Glenbrook Sidewalk Gap Closure
This item was pulled from consideration on the Consent Calendar by Councilmember Obringer.

A motion was made by Obringer and seconded by Benavente to;

1. Adopt Resolution No. 26-1 entitled, “A Resolution Approving a Request to the Metropolitan Transportation Commission by the City of Concord for an Allocation of $208,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2026-27 for the Rocketship/Glenbrook Sidewalk Gap Closure Project, Located on Olivera Road between Hillsborough Drive and Thunderbird Drive” and

2. Authorize the City Manager to accept and appropriate grant funding from MTC up to $208,000 and execute all necessary documents in a form acceptable to the City Attorney.

The motion was passed by unanimous vote of the Council.

Page 8 of 12 ends

City Council Minutes January 13, 2026
3 DEFER IMPLEMENTATION OF OBJECTIVE 4.7
A motion was made by Hoffmeister and seconded by Benavente to defer the implementation of Objective 4.7 2023-2031 Housing Element to facilitate affordable housing development on property owned by public education agencies. The motion was passed by unanimous vote of the Council.

AUTHORIZE DESIGNATION OF THE UNITED STATES POSTAL SERVICE OFFICE BUILDING This item was not considered by the City Council.

AUTHORIZE INCREASE TO CONTINGENCY ON EXISTING CONSTRUCTION CONTRACT – Residential Pavement Maintenance Phase E Project (Project Nos. 2613 & 2621) A motion was made by Hoffmeister and seconded by Benavente to authorize an increase to the contingency from 15% to 21% (an increase of $453,780) on the existing construction contract with Bay Cities Paving & Grading Inc. for the Residential Pavement Maintenance Phase E Project located on Port Chicago Highway and the St. Francis Park and Holbrook Heights neighborhoods (City Project Nos. 2613 & 2621) to cover additional paving and fiber optic work.

AWARD CONSTRUCTION CONTRACT, APPROVE BUDGET TRANSFER, AND ACCEPT IMPROVEMENTS – Citywide Accessibility Improvements No. 12 (Project No. 2728) A motion was made by Hoffmeister and seconded by Benavente to;

1. Award a construction contract in the amount of $400,988 to Rosas Brothers Construction, authorize staff to utilize the available project contingency for contract change orders up to 10% of the contract amount, and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the NEPA and CEQA determinations as provided in this staff report; and

2. Approve related budget transfers in the total amount of $210,000 from Street Maintenance Project No. 1 (Project No. 2736); and

3. Authorize the City Engineer to accept the improvements upon completion of Project No. 2728 and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

DEFER IMPLEMENTATION OF HOUSING ELEMENT OBJECTIVE 16.1
A motion was made by Hoffmeister and seconded by Benavente to defer the implementation of Housing Element Objective 16.1, facilitating tiny homes and cottage developments on religious institution sites. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 26-2 – Accepting Development Impact Fee Report for FY 2024-2025 – AB 1600
A motion was made by Hoffmeister and seconded by Benavente to adopt Resolution No. 26-2 entitled, “A Resolution Finding that there Remains a Reasonable Relationship between Current Needs for the Housing Inclusionary In-lieu Fee, Parking In-lieu Fee, Offsite Street Improvement Program (OSIP), Art in Public Places, and Master Storm Drain Fees, and the Purposes for which they were Originally Charged (Government Code Section 66000 et. Seq).” The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION No. 26-3, AND APPROVE TASK ORDER – Enhanced Collision Dashboard (Project TRA-26-001)
A motion was made by Hoffmeister and seconded by Benavente to;

Page 9 of 12 ends

City Council Minutes January 13, 2026
4 1. Adopt Resolution No. 26-3 entitled, “A Resolution Accepting and Appropriating a $300,000 Grant from the California Office of Traffic Safety (OTS) to Enhance the City’s Collision Dashboard and Approval for use for the development of the Enhanced Collision Dashboard for Concord (Project TRA-26-001);” and

2. Approve a Task Order with TJKM Transportation Consultants under the existing Master Services Agreement (MSA), Agreement No. CCA-6083, in an amount not to exceed $300,000 to develop and configure OTS grant-funded dashboard features and authorize the City Manager to execute the task order in a form acceptable to the City Attorney.

The motion passed by unanimous vote of the Council.

APPROVE PROFESSIONAL SERVICES AGREEMENT – Mount Diablo Creek Restoration Study Project (Project No. 2805, FAIN No. HQ00052510032)
A motion was made by Hoffmeister and seconded by Benavente to approve a Professional Services Agreement with Environmental Science Associates in a not-to-exceed amount of $250,750 for project design and related services for the lower Mount Diablo Creek Restoration Study Project (Project No. 2805, FAIN No. HQ00052510032), 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.

APPROVE TASK ORDER NO. 3 –Storm Drain Master Plan Project (Project No. 2732) A motion was made by Hoffmeister and seconded by Benavente to approve Task Order No. 3 with Geosyntec Consultants, Inc. in the amount of $100,700 for a new total not-to-exceed amount of $291,356 to provide design engineering and related services for the Storm Drain Master Plan Project (Project No. 2732), and authorize the City Manager to execute the Task Order in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEM

APPROVE CITY MANAGER CANDIDATE PROFILE
Sara Castro, Senior Human Resources Analyst, presented the staff report.

Public comment provided by John Tague.

A motion was made by Hoffmeister and seconded by Obringer to approve the City Manager candidate profile. The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARING
INTRODUCE ORDINANCE NO. 26-1425.1 – Amending Concord Municipal Code Title 18 (Development Code) and Implementing State Law and Objective 2.6 of the 2023-2031 Housing Element Public comment was provided by
John Tague
Anonymous

A motion was made by Hoffmeister and seconded by Benavente to introduce an Ordinance No. 26-1425.1 entitled, “An Ordinance Amending Title 18 (Development Code), Chapters 18.30 (Residential Districts) and 18.40 (Office and Commercial Districts) to Increase Maximum Residential and Mixed-Used Building Heights in the Community Office (CO), Commercial Mixed Use (CMX), and Residential High Density (RH) Zoning Districts to Implement State Law and Objective 2.6 of the 2023-2031 Housing

Page 10 of 12 ends

City Council Minutes January 13, 2026
5 Element” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 7.a – Letter to Melanie Koslow, Mt. Diablo School District re: support for Mt.

Diablo USD’s CEC GFO-25-301 (EPIC) DRIVES Grant Application dated November 10, 2025. b. Agenda Item No. 7.b – Letter to Rabbi Kesselman re: standing in solidarity with the Jewish communities in Concord, dated December 17, 2025.
c. Agenda Item No. 4.e – Benched Correspondence
d. Agenda Item No. 6.a – Housing Element Update: Objective 2.6 - PowerPoint Presentation

COUNCIL REPORTS

APPOINTING COUNCILMEMBERS TO REPRESENT THE CITY COUNCIL ON COUNCIL

COMMITTEES, REGIONAL BODIES, AND BOARDS OF VARIOUS EXTERNAL ORGANIZATIONS Mayor Nakamura announced appointments to the Council Committees, Regional Bodies, and Boards of Various External Organizations for 2026 as follows:

APPOINTEES

CHAIR MEMBER
Standing Committees
Policy Development and Internal Operations Nakamura Aliano Housing and Economic Development Obringer Benavente
Infrastructure and Franchise Aliano Hoffmeister
Recreation, Cultural Affairs & Community Services Benavente Nakamura Youth and Education Hoffmeister Obringer

MEMBER SECOND MEMBER

OR ALTERNATE
External Council Appointments
Association of Bay Area Governments (ABAG)
General Assembly Aliano Benavente
Central Contra Costa Transit Authority (The
County Connection) Hoffmeister Nakamura
Contra Costa Mayors Conference Nakamura Aliano
League of CA Cities Board of Directors (East Bay
Division) Aliano Benavente
Transportation Partnership and Cooperation
Regional Committee (TRANSPAC) Obringer Nakamura
Marin Clean Energy Board Nakamura Aliano
Green Empowerment Zone Obringer Benavente

Page 11 of 12 ends

City Council Minutes January 13, 2026
6 Innovate 680 PAC Obringer Hoffmeister
No public comment was provided.

A motion made by Obringer and seconded by Hoffmeister to accept Councilmember appointments to represent the City Council on Council Committees, Regional Bodies, and Boards of Various External Organizations. The motion passed by unanimous vote of the Council.

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 January 13, 2026, at 8:31 p.m.

LAURA M. NAKAMURA
MAYOR

JOELLE FOCKLER

CTY CLERK

Page 12 of 12 ends

Staff Report
Date: January 27, 2026
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 the purchase of two replacement Palo Alto Network Firewalls, core security subscriptions, and 5 years of premium support from Optiv Security Inc. in an amount not-to-exceed $437,227, including a 10% contingency. (IT Replacement Fund)
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 utilizes network Firewalls as its primary security barrier between the City’s internal government network and the external Internet. The City’s current two Palo Alto Firewalls were purchased in 2019, no longer incorporate the latest security advancements, and are due for replacement according to the City’s IT Asset Replacement Schedule.

The total cost to purchase two replacement Palo Alto Network Firewalls, core security subscriptions, and 5 years of premium support from Optiv Security Inc. is $397,478.84.

After adding in a 10% contingency, the total not-to-exceed amount requested is $437,227. The funding for this project is in the Council approved IT Replacement Fund.

Recommended Action
Authorize the City Manager to approve the purchase of two Palo Alto Network Firewalls, core security subscriptions, and 5 years of premium support from Optiv Security Inc. in

5.b5.b

Page 1 of 5 ends

City Council Agenda Report
Agenda Item No. 5.b
January 27, 2026
an amount not-to-exceed $437,227, including a 10% contingency; and make the CEQA determinations as provided in this staff report.

Background
The City maintains a replacement schedule and fund for IT equipment to ensure reliability, security and optimal performance. The current network firewalls, of which there are two, were purchased in 2019, and in accordance with the City’s replacement schedule, are due for replacement.

Palo Alto Firewalls provide:
• Internal Network Security
• Advanced Threat Analysis and Prevention
• Domain Naming System (DNS) Security
• Website URL Filtering
• Software-Defined Wide Area Network (SD-WAN) Security
Analysis
Network firewalls are essential to protect the City’s critical information technology against malicious security threats. The current firewalls no longer incorporate the latest advancements in network protection and are scheduled for replacement. It is essential to replace this security infrastructure equipment to help mitigate evolving risks and defend the City from new intrusion techniques.

The total cost to purchase both Palo Alto Network Firewalls, core security subscriptions, and 5 years of premium support from Optiv Security Inc. is $397,478.84 (Attachment 1).

After adding in a 10% contingency, the total not-to-exceed amount requested is $437,227. All requested funding has been previously identified and approved in the IT Replacement Fund.

Procurement Process
Pursuant to Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing, the City may participate in a cooperative purchase or “piggyback” off an existing contract and join with other public jurisdictions in cooperative purchasing plans or programs when determined to be in the City’s best interest. NASPO is aggressive in searching for the best prices by issuing nationwide RFP’s and inviting top manufactures to submit proposals for the various government needs. After the bid opening occurs, NASPO and the partnering government entity enters a contract with the best vendor. This is an example of the waiver of bidding regulations, as stated in the Municipal Code section

3.10.080.This Palo Alto Firewalls purchase is under NASPO contract # AR3229 and State of California Participating Addendum 7-20-70-47-06.

Page 2 of 5 ends

City Council Agenda Report
Agenda Item No. 5.b
January 27, 2026
Environmental Determination
This activity does not constitute a “project” and/or is exempt from environmental review pursuant to Public Resources Code Section 21065, California Environmental Quality Act (CEQA )Guidelines Sections 15060(c)(2), and/or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Financial Impact
There is no additional fiscal impact associated with this action as all necessary funding has been previously budgeted and approved in the IT Replacement Fund.

Public Contact
The City Council Agenda was posted.

Attachment

1. Optiv Security Inc. Palo Alto Firewall Quote

Page 3 of 5 ends

Date: 12/23/2025
Expiration: 2/5/2026
To:

City of Concord
Jeremy P. McGovern
IT Systems Manager
1950 Parkside Dr
CONCORD, CA 945192578
US
925.671.3189
[email protected]
Utah NASPO ValuePoint Master Agreement Number AR3229
60 Month Term
Quote#: 4656843-2
Payment Terms: Net 30
Tax ID: 43-1806449
Internal Reference#: Q-2642312
From:

David Pereira
(925) 7197345
[email protected]
Line
#
Product Description Product Code QTY Customer Price Customer Extended Price
1 Palo Alto Networks: PA-3430 CORE SECURITY SUBSCRIPTION BUNDLE (ADVANCED THREAT PREVENTION ADVANCED URL FILTERING ADVANCED WILDFIRE DNS SECURITY AND SD-WAN ) 5YR

PAN-PA-
3430-BND-
CORESEC-5YR
2 USD 129,828.43 USD 259,656.86
2 Palo Alto Networks: PREMIUM SUPPORT 5 YEAR PREPAID PA-3430 PAN-SVC- PREM-3430-5YR
2 USD 48,131.01 USD 96,262.02
3 Palo Alto Networks: PALO ALTO NETWORKS PA-3430 PAN-PA-3430 2 USD 18,898.30 USD 37,796.60 Subtotal: USD 393,715.48
Estimated Tax: USD 3,692.12
Estimated Shipping: USD 71.24
Grand Total: USD 397,478.84

Page 1 of 2 ends

Attachment 1

Page 4 of 5 ends

This Sales Quote and the Client’s purchase of the Products listed in this Sales Quote are subject to and shall be governed by (i) the Sales Quote Terms and Conditions and (ii) the Data Processing Terms and Conditions, both available at http://www.optiv.com/agreements Optiv Security Inc., 1144 15th Street, Suite 2900, Denver, CO 80202 United States EULA Statement(s): Any and all usage of Palo Alto Networks products shall be subject to the terms and conditions of the End User Agreement (https://www.paloaltonetworks.com/content/dam/pan/ en_US/assets/pdf/legal/palo-alto-networks-end-user-license-agreement-eula.pdf) unless the parties have entered into a separate written agreement that specifically overrides such agreement (either, “Agreement”). In either case, the applicable Agreement shall be incorporated by reference into this document. In the event of any material conflict between the terms in the Agreement and the terms in this document, the terms in this document shall control. If the purchase of the above includes Optiv’s “partner enabled” support (aka authorized support) (“ASP”), then notwithstanding any language to the contrary in the Sales Quote Terms and Conditions, the purchase of the ASP is subject to and governed by (a) the Optiv Terms of Purchase; and (b) the Authorized Support Service Description, both located at https://www.optiv.com/ agreements.

Page 2 of 2 ends

Sales Quote Terms and Conditions

Page 5 of 5 ends

Staff Report
Date: January 27, 2026
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 the purchase of three years of maintenance support, including hardware upgrades, for the City’s Pure Computer Storage System from ePlus Inc. in an amount not-to-exceed total for all three years of $168,378, including a 10% contingency. (General Fund)
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 utilizes Pure Computer Data Storage Systems to house the City’s records, files, computer programs and other digital information. Maintenance and support for the Pure Storage System is budgeted for in the IT Department’s operations budget and typically costs between $50,000 and $60,000 per year.

Pure’s maintenance support program is offering free hardware upgrades if the City agrees to three years of maintenance support. The City’s current Pure Computer Storage System was purchased in 2022 and is operating optimally. The free hardware upgrades will benefit the speed and longevity of the storage system.

Since there is no increase in yearly costs, just a three-year commitment, the City seeks Council approval for the purchase of three years of maintenance support at a cost of $57,823.56 for the first year, $47,623.56 for the second year, and $47,623.56 for the third year. The total for all three years is $153,070.68 (Attachment 1). After adding in a 10% contingency, the total not-to-exceed amount requested is $168,378. Year one and

5.c5.c

Page 1 of 4 ends

City Council Agenda Report
Agenda Item No. 5.c
January 27, 2026
year two of the funding has been previously identified and budgeted in the IT Department’s operations budget. The third year of costs for this contract will be incorporated into the Fiscal Year 2027-28 budget.

Recommended Action
Authorize the City Manager to approve the purchase of three years of maintenance support, including hardware upgrades, for the City’s Pure Computer Storage System from ePlus Inc. in an amount not-to-exceed total for all three years of $168,378, including a 10% contingency; and make the CEQA determinations as provided in this staff report.

Procurement Process
Pursuant to Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing, the City may participate in a cooperative purchase or “piggyback” off an existing contract and join with other public jurisdictions in cooperative purchasing plans or programs when determined to be in the City’s best interest. NASPO is aggressive in searching for the best prices by issuing nationwide RFP’s and inviting top manufactures to submit proposals for the various government needs. After the bid opening occurs, NASPO and the partnering government entity enters a contract with the best vendor. This is an example of the waiver of bidding regulations, as stated in the Municipal Code section

3.10.080. This Pure Computer Storage System purchase is under NASPO contract # 23020 and State of California Participating Addendum 7-23-70-55-07.

Environmental Determination
This activity does not constitute a “project” and/or is exempt from environmental review pursuant to Public Resources Code Section 21065, California Environmental Quality Act (CEQA )Guidelines Sections 15060(c)(2), and/or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Financial Impact
Year one and year two of the funding has been previously identified and budgeted in the IT Department’s operations budget. The third year of costs for this contract will be incorporated into the Fiscal Year 2027-28 budget.

Public Contact
The City Council Agenda was posted.

Attachment

1. ePlus, Inc. Pure Storage System Maintenance Support Quote

Page 2 of 4 ends

Customer Name: CITY OF CONCORD
Quote No: 23385623
Quote Name:

Quotation Date: 08/25/2025
Sales Support Contact: KELSEY WIDEL
Sales Support Phone: 7574192205
Sales Support Email: [email protected]
OM
Account Executive: Brittani Neff
Account Executive Phone: 9168974667
Account Executive Email: [email protected]
Customer PO No:

Order No:

Expiration Date: 11/04/2025
ePlus Technology inc, 13595 Dulles Technology Drive, Herndon, VA, 20171 External Notes:**Priced under CA-Pure Storage NVP 23020 & 7-23-70-55-07** ANNUAL BILLING:

It is the intent of the Customer and Partner to issue PO’s to Pure Storage for the entire 3 year term. In turn, Pure Storage will agree to invoice the Partner on an annual basis as follows and will ship the Evergreen Free Controllers upon receipt of the PO.

YEAR 1 invoice includes for 12mo of Support & PS Installation Fee for the Controller Upgrade upon PO receipt.

YEAR 2 will be invoiced in Sept 2026 & subject to the availability of funds.

YEAR 3 will be invoiced in Sept 2027 & subject to the availability of funds.

ANNUAL PAYMENT OUTLINE:

Year 1: $57,823.56
Year 2: $47,623.56
Year 3: $47,623.56
Totals 153,070.68
Shipping:

Packing:

Sub Total (USD): 153,070.68
Est. Tax (USD): TBD if Applicable
Shp&Hnd (USD): TBD
Total (USD): 153,070.68
All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non-cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds.

PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Supply chain disruption and tariffs on certain imports in accordance with applicable law may cause price increases for many IT products, with little or no notice, and beyond [SELLER’S] control. When such increases occur, this quote is subject to change without notice, even before the expiration date reflected above.
ePlus offers flexible and easy leasing options for your IT equipment. Use leasing to increase your IT acquisition capability, overcome limited budgets, and manage the lifecycle of your assets. Contact an ePlus Leasing Coordinator at 1-703-984-8021 or [email protected] to receive a lease quote today. 001 FA-X70R3-366TB 1MO,ADV,GOLD PURE STORAGE FA-X70R3-366TB 1 MONTH EVERGREEN GOLD SUBSCRIPTION , NBD DELIVERY, 24/7 SUPPORT
Line Note:

Arrays:
purecity01.cityofconcord.org
PCHFJ22270112
PSPFT22322233
PSPFT2232223E
FEE2222H00171
FEE2222H00734
09/19/2025-
09/18/2026
12 3,968.63 47,623.56
002 FA-X TO X70R5-ETH FF UPG PURE STORAGE EVER MODERN FA-XR4 UPGRADE TO PURE STORAGE FLASHAR RAY X70R5
1 0.00 0.00
003 PS-DP-UPISUPGDRN PURE STORAGE FA FF RENEWAL NDU 09/19/2025- 09/18/2026
1 10,200.00 10,200.00
004 FA-X70R3-366TB 1MO,ADV,GOLD PURE STORAGE FA-X70R3-366TB 1 MONTH EVERGREEN GOLD SUBSCRIPTION , NBD DELIVERY, 24/7 SUPPORT
09/19/2026-
09/18/2027
12 3,968.63 47,623.56
005 FA-X TO X70R5-ETH FF UPG PURE STORAGE EVER MODERN FA-XR4 UPGRADE TO PURE STORAGE FLASHAR RAY X70R5
1 0.00 0.00
006 FA-X70R3-366TB 1MO,ADV,GOLD PURE STORAGE FA-X70R3-366TB 1 MONTH EVERGREEN GOLD SUBSCRIPTION , NBD DELIVERY, 24/7 SUPPORT
09/19/2027-
09/18/2028
12 3,968.63 47,623.56
007 FA-X TO X70R5-ETH FF UPG PURE STORAGE EVER MODERN FA-XR4 UPGRADE TO PURE STORAGE FLASHAR RAY X70R5
1 0.00 0.00

YEAR ONEYEAR ONE
Sub-Total (USD) 57,823.56Sub-Total (USD) 57,823.56

YEAR TWOYEAR TWO
Sub-Total (USD) 47,623.56Sub-Total (USD) 47,623.56

YEAR THREEYEAR THREE
Sub-Total (USD) 47,623.56Sub-Total (USD) 47,623.56
Line No. Part Number MFG Description/Line Notes Dates QTY Unit Price Ext Price Attachment 1

Page 3 of 4 ends

Customer Acceptance Bill To Ship To
Signature: ____________________________________
Name: _______________________________________
Title: _________________________________________
Date: ________________________________________
Customer PO #: _______________________________

CITY OF CONCORD
1950 PARKSIDE DRIVE
MAIL STOP 05
CONCORD CA 94519

UNITED STATES

ACCOUNTS PAYABLE

CITY OF CONCORD
1950 PARKSIDE DRIVE
CONCORD CA 94519

UNITED STATES
©2025 ePlus inc. All rights reserved.
*NGDC P2 4.2.2.9

Page 4 of 4 ends

Staff Report
Date: January 27, 2026
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 the purchase of a one-year subscription of CrowdStrike Falcon Complete with Identity Protection cybersecurity software from ePlus Inc. in an amount not-to-exceed $126,877, including a 10% contingency. (General Fund)
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
Since 2021 the City of Concord has utilized CrowdStrike, a Managed Threat Detection and Response Service, to prevent breaches and significantly improve the City’s overall cybersecurity posture. CrowdStrike has delivered robust, cloud-native endpoint protection, advanced threat intelligence, and around-the-clock response capabilities that have proven highly effective for the City.

The City now seeks to expand CrowdStrike’s security suite to include Identity Protection. CrowdStrike Identity Protection defends against identity-based attacks, like those using stolen credentials, by providing real-time threat identification and response across all of the City’s environments (both on-premise and cloud). Using behavior analytics to monitor user access activity, Identity Protection enforces access policies and automatically stops unauthorized access while seamlessly integrating within the broader CrowdStrike Falcon Complete security platform.

5.d5.d

Page 1 of 6 ends

City Council Agenda Report
Agenda Item No. 5.d
January 27, 2026
The total cost to purchase a one-year subscription of CrowdStrike Falcon Complete with Identity Protection cybersecurity software from ePlus Inc. is $115,343.05. After adding in a 10% contingency, the total not-to-exceed amount requested is $126,877. Previous CrowdStrike subscriptions have cost the City between $85,000 and $95,000 per year, but due to an increase in malicious attacks aimed specifically at identity access control, the City has determined expanding CrowdStrike’s security suite is in the best interest of Concord. The City will evaluate the overall performance of CrowdStrike’s new features before entering into another contract with CrowdStrike and will base future cybersecurity purchases on the ever-evolving cybersecurity threat landscape. Funding for this contract is available within the approved IT Department operations budget.

Recommended Action
Authorize the City Manager to approve the purchase of a one-year subscription of CrowdStrike Falcon Complete with Identity Protection cybersecurity software from ePlus Inc. in an amount not-to-exceed $126,877, including a 10% contingency; and make the CEQA determinations as provided in this staff report.

Background
The City of Concord has a comprehensive cybersecurity strategy based, in-part, on the Cal-Secure multi-year information security maturity roadmap. A major component of this roadmap is an in-depth security strategy where there are multiple layers of preventative measures so that various security controls reinforce one another. CrowdStrike accomplishes significant portions of this security strategy to include Anti-Malware Protection, Incident Response, 24/7 Monitoring, Continuous Vulnerability Management, Threat Detection and Remediation.

Since 2021, CrowdStrike has replaced the City’s previous antivirus software with stronger, enterprise-grade, security, and with the new addition of Identity Protection, CrowdStrike will provide an extremely robust cybersecurity foundation to counter both today’s vulnerabilities as well as future threats. To ensure CrowdStrike continues this superior level of security, the City evaluates its feature set each year and adjusts accordingly. This ensures the City maintains an optimal suite of cybersecurity components based on the ever-changing threat landscape.

The total cost to purchase a one-year subscription of CrowdStrike Falcon Complete with Identity Protection from ePlus Inc. is $115,343.05 (Attachment 1). After adding in a 10% contingency, the total not-to-exceed amount requested is $126,877. All requested funding has been previously identified and approved in the IT Department’s operations budget.

Procurement Process
Pursuant to Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing, the City may participate in a cooperative purchase or “piggyback” off an existing contract and join with other public jurisdictions in cooperative purchasing plans or programs

Page 2 of 6 ends

City Council Agenda Report
Agenda Item No. 5.d
January 27, 2026
when determined to be in the City’s best interest. NASPO is aggressive in searching for the best prices by issuing nationwide RFP’s and inviting top manufactures to submit proposals for the various government needs. After the bid opening occurs, NASPO and the partnering government entity enters a contract with the best vendor. This is an example of the waiver of bidding regulations, as stated in the Municipal Code section

3.10.080. This CrowdStrike purchase is under NASPO contract # AR2472 and State of California Participating Addendum 7-17-70-40-05.

Environmental Determination
This activity does not constitute a “project” and/or is exempt from environmental review pursuant to Public Resources Code Section 21065, California Environmental Quality Act (CEQA )Guidelines Sections 15060(c)(2), and/or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Financial Impact
There is no additional fiscal impact associated with this action as all necessary funding has been previously budgeted and approved in the IT Department’s operations budget.

Public Contact
The City Council Agenda was posted.

Attachment

1. ePlus, Inc. CrowdStrike with Identity Protection Quote

Page 3 of 6 ends

Customer Name: CITY OF CONCORD
Quote No: 23444254
Quote Name: City of Concord -
Crowdstrike 1 YR
Quotation Date: 12/18/2025
Sales Support Contact: BRITTANI NEFF
Sales Support Phone: 916-897-4667
Sales Support Email: TEAM-BRITTANI-
[email protected]
Account Executive: Brittani Neff
Account Executive Phone: 9168974667
Account Executive Email: [email protected]
Customer PO No:

Order No:

Expiration Date: 01/28/2026
ePlus Technology inc, 13595 Dulles Technology Drive, Herndon, VA, 20171 External Notes:Contract Number: 7-17-70-40-05
NASPO Master Contract Number: AR2472
001 FC.CS.SOLN.FLEX.T4 CROWDSTRIKE FALCON COMPLETE WITH CWP (COMMERCIAL OR EU) - FLEX - TIER 4
Line Note:

CONTR: $200.40
01/30/2026-
01/29/2027
600 210.95 126,570.00 107.56 64,536.00
002 CS.INSIGHTB.SOLN CROWDSTRIKE INSIGHT - BUNDLED 01/30/2026- 01/29/2027
600 0.00 0.00 0.00 0.00
003 CS.PREVENTB.SOLN CROWDSTRIKE PREVENT - BUNDLED 01/30/2026- 01/29/2027
600 0.00 0.00 0.00 0.00
004 CS.DISCB.SOLN CROWDSTRIKE DISCOVER - BUNDLED 01/30/2026- 01/29/2027
600 0.00 0.00 0.00 0.00
005 CS.FALCOMPS.SVC CROWDSTRIKE FALCON COMPLETE SUBSCRIPTION Line Note:

CONTR: $0.01
01/30/2026-
01/29/2027
600 0.05 30.00 0.00 0.00
006 CS.OWB.SVC CROWDSTRIKE OVERWATCH - BUNDLED 01/30/2026- 01/29/2027
600 0.00 0.00 0.00 0.00
007 CS.TG.STD CROWDSTRIKE THREAT GRAPH STANDARD
Line Note:

CONTR: $7.51
01/30/2026-
01/29/2027
600 7.90 4,740.00 0.00 0.00
008 FC.CS.SOLN.FLEX.T3 CROWDSTRIKE FALCON COMPLETE WITH CWP Line Note:

CONTR: $226.97
01/30/2026-
01/29/2027
150 238.92 35,838.00 144.11 21,616.50
009 CS.INSIGHTB.SOLN CROWDSTRIKE INSIGHT - BUNDLED 01/30/2026- 01/29/2027
150 0.00 0.00 0.00 0.00
010 CS.PREVENTB.SOLN CROWDSTRIKE PREVENT - BUNDLED 01/30/2026- 01/29/2027
150 0.00 0.00 0.00 0.00
011 CS.DISCB.SOLN CROWDSTRIKE DISCOVER - BUNDLED 01/30/2026- 01/29/2027
150 0.00 0.00 0.00 0.00
Line No. Part Number MFG Description/Line Notes Dates QTY List Price Ext List Price Unit Price Ext Price
Attachment 1

Page 4 of 6 ends

012 CS.FALCOMPS.SVC CROWDSTRIKE FALCON COMPLETE SUBSCRIPTION Line Note:

CONTR: $0.01
01/30/2026-
01/29/2027
150 0.05 7.50 0.00 0.00
013 CS.OWB.SVC CROWDSTRIKE OVERWATCH - BUNDLED 01/30/2026- 01/29/2027
150 0.00 0.00 0.00 0.00
014 CS.TG.STD.HPS CROWDSTRIKE SERVER THREAT GRAPH STANDARD Line Note:

CONTR: $22.52
01/30/2026-
01/29/2027
150 23.70 3,555.00 0.00 0.00
015 RR.HOS.ENT.EXPS CROWDSTRIKE EXPRESS SUPPORT - 12 MONTH Line Note:

CONTR: $237,500.00
01/30/2026-
01/29/2027
1 250,000.00 250,000.00 5,499.98 5,499.98
016 CS.FALMOBST.SOLN.T4 CROWDSTRIKE FALCON FOR MOBILE STANDARD - TIER 4 Line Note:

CONTR: $30.97
01/30/2026-
01/29/2027
180 32.60 5,868.00 13.33 2,399.40
017 CS.INSMOB.SOLN CROWDSTRIKE INSIGHT FOR MOBILE (REQUIRES FALCON

FOR MOBILE)
01/30/2026-
01/29/2027
180 0.00 0.00 0.00 0.00
018 CS.TGM.STD CROWDSTRIKE THREAT GRAPH STANDARD FOR MOBILE (REQUIRES FALCON FOR MOBILE)
01/30/2026-
01/29/2027
180 0.00 0.00 0.00 0.00
019 RR.HOS.ENT.EXPS CROWDSTRIKE EXPRESS SUPPORT - 12 MONTH Line Note:

CONTR: $237,500.00
01/30/2026-
01/29/2027
1 250,000.00 250,000.00 287.59 287.59
020 CS.FALCOMPONBC.SOLN CROWDSTRIKE FALCON COMPLETE: COMPLIMENTARY CID Line Note:

CONTR: $0.01
01/30/2026-
01/29/2027
1 0.05 0.05 0.00 0.00
021 RR.HOS.ENT.EXPS CROWDSTRIKE EXPRESS SUPPORT - 12 MONTH Line Note:

CONTR: $237,500.00
01/30/2026-
01/29/2027
1 250,000.00 250,000.00 1,141.08 1,141.08
022 CS.ITPC.SOLN.T3-491 CROWDSTRIKE IDENTITY THREAT PROTECTION COMPLETE BUNDLE
Line Note:

CONTR: $98.82
01/30/2026-
01/29/2027
625 104.02 65,012.50 31.78 19,862.50
023 CS.ITP.SOLN.T11-491 CROWDSTRIKE IDENTITY THREAT PROTECTION (ACCOUNTS) - TIER 11
Line Note:

CONTR: $12.52
01/30/2026-
01/29/2027
625 13.18 8,237.50 0.00 0.00
024 CS.ITPCU.SOLN.T11-491 CROWDSTRIKE IDENTITY THREAT PROTECTION COMPLETE UPGRADE (ACCOU NTS) - TIER 11
Line Note:

CONTR: $13.84
01/30/2026-
01/29/2027
625 14.57 9,106.25 0.00 0.00

Page 5 of 6 ends

Totals 1,008,964.80 115,343.05
Shipping:

Packing:

Sub Total (USD): 115,343.05
Est. Tax (USD): 0.00
Shp&Hnd (USD): 0.00
Total (USD): 115,343.05
All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non-cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds.

PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Supply chain disruption and tariffs on certain imports in accordance with applicable law may cause price increases for many IT products, with little or no notice, and beyond [SELLER’S] control. When such increases occur, this quote is subject to change without notice, even before the expiration date reflected above.
ePlus offers flexible and easy leasing options for your IT equipment. Use leasing to increase your IT acquisition capability, overcome limited budgets, and manage the lifecycle of your assets. Contact an ePlus Leasing Coordinator at 1-703-984-8021 or [email protected] to receive a lease quote today.

Customer Acceptance Bill To Ship To
Signature: ____________________________________
Name: _______________________________________
Title: _________________________________________
Date: ________________________________________
Customer PO #: _______________________________

CITY OF CONCORD
1950 PARKSIDE DRIVE
MAIL STOP 05
CONCORD CA 94519

UNITED STATES

ACCOUNTS PAYABLE

CITY OF CONCORD

UNITED STATES
©2025 ePlus inc. All rights reserved.
*NGDC P1 4.2.4.0

Page 6 of 6 ends

Staff Report
Date: January 27, 2026
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:

1. Award of a construction contract in the not-to-exceed amount of $360,549 to Alex Kushner General, Inc. and
authorizing an available project contingency for contract change orders up to 20% of the contract amount for the
Baldwin Park Dance Studio and Bathroom Reconfiguration
(Project No. 2771) located at 2790 Parkside Drive, Suite B; ratification of staff’s determination and action on the bid protest; and authorizing the City Manager to execute the contract in a form acceptable to the City Attorney; (Measure V, Fund 407 & 490, and Building Maintenance Fund, Fund
630)

2. Approval of a budget transfer of $275,000 from Residential Pavement Maintenance – Phase B (Project No. 2608)
(Measure V, Fund 490); and

3. Authorizing the City Engineer to accept the improvements upon completion of Baldwin Park Dance Studio and
Bathroom Reconfiguration (Project No. 2771) and directing the City Clerk to file a Notice of Completion.

5.e5.e5.e5.e

Page 1 of 11 ends

City Council Agenda Report
Agenda Item No. 5.e
January 27, 2026
CEQA: Not a project/exempt pursuant to 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 Baldwin Park Dance Studio and Bathroom Reconfiguration (Project No. 2771) will renovate and reconfigure an approximately 400 square foot dance studio waiting room and bathroom (Project). A larger waiting room will better accommodate parents while their child is in class, and the bathroom changes will create an Americans with Disabilities Act (ADA) accessible bathroom. Improvements to the pathways in front of the Baldwin Park Preschool/Dance Studio building will also be completed to meet ADA standards.

The project has been designed and competitively bid and is at the point of construction contract award. If award is approved by the City Council, project construction is expected to begin in February 2026 and completed in June 2026.

Recommended Action

1. Award of a construction contract in the not-to-exceed amount of $360,549 to Alex Kushner General, Inc. and authorize an available project contingency for contract change orders up to 20% of the contract amount for the Baldwin Park Dance Studio and Bathroom Reconfiguration (Project No. 2771) located at 2790 Parkside Drive, Suite B; ratification of staff’s determination and action regarding the bid protest; and authorizing the City Manager to execute the contract in a form acceptable to the City Attorney; (Measure V, Fund 407 & 490, and Building Maintenance Fund, Fund 630)

2. Approve a related budget transfer of $275,000 from Residential Pavement Maintenance – Phase B (Project No. 2608) (Measure V, Fund 490); and

3. Authorize the City Engineer to accept the improvements, upon completion of Baldwin Park Dance Studio and Bathroom Reconfiguration (Project No. 2771) and direct the City Clerk to file a Notice of Completion; and

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

Background and Analysis
In June 2024, the City Council adopted the Two-Year Capital Budget for Fiscal Years 2024-25 and 2025-26, with an included appropriation of $400,000 to fund the Project.

In June 2025, the City Council adopted the mid-cycle adjustments to the Capital Budget for Fiscal Years 2025-26 and increased the total project budget to $436,052.

Page 2 of 11 ends

City Council Agenda Report
Agenda Item No. 5.e
January 27, 2026
The design task order for the Project was awarded on April 1, 2025, to Korth Sunseri Hagey Architects (KSH), a consultant that is under an existing Master Services Agreement. Design of the Project was completed in September 2025.

The project was designed to renovate and reconfigure an approximately 400 square foot dance studio waiting room and bathroom. A larger waiting room will better accommodate parents while their child is in class, and the bathroom changes will create an Americans with Disabilities Act (ADA) accessible bathroom. During the design process, the City expanded the project scope to address additional Americans with Disabilities Act (ADA) barriers, identified in the City’s ADA Transition Plan Update. This additional scope includes improvements to the pathways in front of the Baldwin Park Preschool/Dance Studio building to bring them into ADA compliance. This expanded construction scope, including the additional design fees, and an increased construction contingency of 20 percent to account for unforeseen conditions, resulted in a funding shortfall of $275,000 needed to complete construction. The budget transfer recommended in this report will fully cover this shortfall.

Procurement Process
Construction Contract
The Project was advertised for construction bids as required by state law and City policy. The Engineer’s estimate for the total bid is $305,000. Bids were opened on December 4, 2025. Nine bids were received in amounts ranging from $290,000 to $553,136. The lowest bid was received from Belz Construction, Inc. (Belz) of Orangevale, CA. A summary of the three lowest bids is as follows:

BID

SCHEDULE
Engineer's
Estimate
Belz
Construction,
Inc.

Alex Kushner
General, Inc.

Resilient
Builders
Base Bid $ 305,000.00 $290,000.00 $360,549.00 $393,000.00 The City received a bid protest from the second lowest bidder, Alex Kushner General, Inc. (Alex Kushner) of San Francisco, CA, citing several issues with Belz’ bid, including failing to fully complete the Subcontractor List with percentage of work to be completed by subcontractors.

A copy of the bid protest was provided to Belz, allowing Belz an opportunity to submit a written response to the protest. No response was received from Belz.

Staff reviewed the bid protest and deemed Belz’s bid nonresponsive due to failing to submit a fully completed Subcontractor List Form with the percentage of work to be performed by subcontractors as required by the bidding documents. In addition, Belz

Page 3 of 11 ends

City Council Agenda Report
Agenda Item No. 5.e
January 27, 2026
failed to list a licensed asbestos and lead abatement subcontractor who could perform the required remediation and abatement.

Staff recommends awarding the project to the second lowest bidder, Alex Kushner.

Alex Kushner submitted a responsive and responsible bid and has an appropriate and valid contractor’s license and satisfactory work references.

Staff completed analysis of Alex Kushner’s bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, and are not on any debarred lists. Alex Kushner is registered with the Department of Industrial Relations as required by Labor Code Section 1725.5.

Financial Impact
The current construction budget for the Project is $436,052. The project is funded by Measure V Funds 407 & 490, and Building Maintenance Fund 630. An estimated $275,000 is needed to fully fund the construction of the Project, which includes staff time, cost recovery, administrative costs, on-call construction management services, and a construction contingency of 20 percent. Staff recommends a budget transfer of $275,000 from Residential Pavement Maintenance – Phase B (Project No. 2608) (Measure V, Fund 490), a completed project, to fully fund the Project.

Environmental Determination
Pursuant to 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 contract and a budget transfer do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c) and 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment. Even if the award of the contract and a budget transfer 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” and is statutorily exempt pursuant to 14 Cal. Code Regs. Section 15273 as the activity consists of the creation of government funding mechanisms or other government fiscal activities which to not constitute a “project”.

In the alternative, award of this contract and budget transfer are exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves renovation of an existing building, constructing concrete sidewalk, and landscaping. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. Accordingly, no further environmental review is warranted. This determination reflects the City’s

Page 4 of 11 ends

City Council Agenda Report
Agenda Item No. 5.e
January 27, 2026
independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Bid Summary

3. Construction Contract

Page 5 of 11 ends

Attachment 1
Project Location Map
Baldwin Park Dance Studio and Bathroom Reconfiguration Project 2790 Parkside Circle, Suite B
Concord, CA 94519
City Project No
. 2771

Page 6 of 11 ends

Engineer's Estimate: $305,000
Baldwin Park Dance Studio
City of Concord
Bid Sheet
Garden Conference Room
Attachment 2
Bid Opening:

Thursday,
December 4,2025
2:30 p.m.

TorAr. BrD
$290,000.00
$360,549.00
$393,000.00
$398,220.00
$447,500.00
$487,000.00
$,188,305.00
CoMPANY
€'etz€onstruetisn-{re
886:€+ee+Uae*+dl+igS+
"@9565&
S{*,,:-{O000O54?+ nonresPonsive
Alex Kushner General, Inc.
2364 Funston Ave
San Francisco, CA 941 l6
DIR: 1000061175
Resilient Builders
9255 Survey Rd
Elk Grove, CA 95624
DIR: 100832577
Construction West Services Inc.
4786 Blum Road
Martinez, CA 94553
DIR: 1000002197
Evra Construction, Inc
2227 26 Avenue
San Francisco, CA 94 I l6
DIR: 100825154
CWS Construction Croup Inc
l30l Grant Ave Suite #B
Novato, CA 94945
DIR: 1000020287
Cestarollo Construction Inc
2400 Las Gallinas Ave, Suite I l5
San Rafael, CA 94903
DIR: 2000016774
Mar Con Builder, Inc
8108A Capwell Drive
Oakland, CA 94621
DIR: 1000049865
Contact: Dey ext. 3049
$521,355.00
PROJECT #277I
To be awarded:

Page 7 of 12 ends
Page 7 of 11 ends

City of Concord
1950 Parkside Drive, MS/40
Concord, CA 94519
Contract
This public works contract (“Contract”) is entered into by and between the City of Concord (“City”) and Alex Kushner General, Inc. (“Contractor”), for work on the Baldwin Park Dance Studio and Bathroom Reconfiguration (Project No. 2771) (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On January 27, 2026, the City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $360,549.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 75 working days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount described below, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

Attachment 3

Page 8 of 11 ends

1) Contractor shall pay to the City of Concord $1,600 per day for each and every calendar day(s) delay in completing the work in excess of the number of working days specified.
2) The Contractor shall pay to the City of Concord $350 per hour for each hour that the Contractor performs work outside the hours of work without prior approval in writing from the City).

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

Baldwin Park Dance Studio and Bathroom Reconfiguration
Project No. 2771
1950 Parkside Drive M/S 40
Concord, CA 94519

Page 9 of 11 ends

Attn: Deyuanne Lei, Associate Civil Engineer
[email protected]
Contractor:

Name: Alex Kushner General, Inc.

Address: 2364 Funston Avenue
City/State/Zip: San Francisco, CA 94116
Phone: (415) 756-0945
Attn: Alex Kushner, CEO
Email: [email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. [Signatures are on the following page.]

Page 10 of 11 ends

The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ Valerie Barone, City Manager Susanne Brown, City Attorney Date: ___________________________ Date: ______________________________ Finance Director Certification:

I hereby certify that adequate funds exist or will be
received during the current fiscal year 2025-2026 to pay the anticipated expenses to be incurred pursuant to this contract. The sum of $360,549.00
Account Code: 407-9500-C999-74200 /
407-2771-115-74200
Attest:
s/_______________________________ s/_______________________________ Joelle Fockler, City Clerk Margret O’Brien, Finance Director Date: ___________________________ Date: ___________________________ CONTRACTOR: ___________________________________________________ Alex Kushner General, Inc.
s/_______________________________ Seal:
_________________________________
Alex Kushner, CEO
[email protected]
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Email
Date: ____________________________

Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

Page 11 of 11 ends

Staff Report
Date: January 27, 2026
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: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering:

1. Award of a construction contract in the amount of
$1,256,805 to Spencon Construction, Inc. for the
Residential Pavement Maintenance Phase F – Concrete
Improvements Project located in portions of three
neighborhoods, Monte Gardens, Dana Estates, and East
Concord (City Project Nos. 2611 & 2624) and authorizing a project contingency for contract change orders up to 20% of the contract amount; and authorizing the City Manager to execute the contract in a form acceptable to the City
Attorney;

2. Approval of Task Order No. 6 with UNICO Engineering in the not-to-exceed amount of $732,145.03 to provide
construction management, inspection, materials testing, and related services for the Residential Pavement
Maintenance Phase F and authorizing the City Manager to execute the Task Order in a form acceptable to the City Attorney;

3. Approval of Amendment No. 2 to the Professional Services Agreement with Bellecci & Associates for additional design services for the Residential Pavement Maintenance Phase E & Phase F Projects (Project Nos. 2611, 2613, 2621 & 2624)

5.f5.f5.f5.f5.f5.f5.f5.f

Page 1 of 23 ends

City Council Agenda Report
Agenda Item No. 5.f
January 27, 2026
in the amount of $48,548, (for a new not-to-exceed amount of $977,819.20) and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney; and

4. Authorizing the City Engineer to accept improvements upon completion of the Residential Pavement Maintenance Phase F – Concrete Improvements Project and directing the City Clerk to file a Notice of Completion. (Funded by
Measure V, Fund 490)
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273,15378, 15301, 15302, 15303, 15304 and/or Public Resources Code Section 21065.

Report in Brief
The Residential Pavement Maintenance Phase F – Concrete Improvements (Project Nos. 2611 & 2624) (Project) will perform concrete improvements (curb ramp upgrades and curb and gutter repairs) in portions of the Monte Gardens and Dana Estates neighborhoods (generally north of Clayton Way and west of Lindero Drive), and the East Concord neighborhood bounded by Concord Boulevard, West Street, and Clayton Way. See descriptions and attached maps (Attachment 1) for location and limits.

This is the first of two phases of work for the Residential Pavement Maintenance Project Phase F. Phase 1, the subject of this report, is concrete improvement work. Phase 2, yet to be bid, is pavement maintenance work in the same area. The Project is divided into concrete work and pavement work to improve efficiency and achieve better bid pricing. Phase 2 (pavement work) is anticipated to go out for bid later this month, with work projected to start in June 2026. Staff will return to Council for contract award of the roadway pavement maintenance work by April.

The concrete improvements (Phase 1) portion of the Phase F project has been designed, competitively bid (Attachment 2 for Bid Summary), and is now at the point of construction contract award. Construction is expected to begin early March 2026, with completion by end of May 2026, weather permitting. The construction contract with Spencon Construction, Inc. (Spencon) is attached (Attachment 3).

Construction management, inspection, and materials testing services are needed to ensure work during construction by the contractor is performed and completed in a manner satisfactory to the Project contract documents and the City of Concord (City).

The proposed Task Order with UNICO Engineering, Inc. will cover these construction management services for both phase 1 and 2 of this Phase F project.

Page 2 of 23 ends

City Council Agenda Report
Agenda Item No. 5.f
January 27, 2026
An amendment to an existing Professional Services Agreement with Bellecci & Associates is required to pay for both additional design services provided per staff direction on the Residential Pavement Maintenance Phase E Project (Project Nos. 2613 & 2621, already completed) and for additional design on the Residential Pavement Maintenance Phase F Project (2611 & 2624). This firm was originally hired to do design work on both of the Phase E and Phase F projects1.

Recommended Action

1. Award a construction contract in the amount $1,256,805.00 to Spencon Construction, Inc. for the Residential Pavement Maintenance Phase F – Concrete Improvements Project located in portions of three neighborhoods, Monte Gardens, Dana Estates, and East Concord (City Project Nos. 2611 & 2624) and authorizing a project contingency for contract change orders up to 20% of the contract amount; and authorizing the City Manager to execute the contract in a form acceptable to the City Attorney;

2. Approve Task Order No. 6 with UNICO Engineering in the not-to-exceed amount of $732,145.03 to provide construction management, inspection, materials testing, and related services for the Residential Pavement Maintenance Phase F; and authorizing the City Manager to execute the Task Order in a form acceptable to the City Attorney;

3. Approve Amendment No. 2 to the Professional Services Agreement with Bellecci & Associates for additional design services for the Residential Pavement Maintenance Phase E (Project Nos. 2613 & 2621) & Phase F (Project Nos. 2611 & 2624) in the amount of $48,548, (for a new not to exceed amount of $977,819.20) and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney;

4. Authorize the City Engineer to accept improvements upon completion of the Residential Pavement Maintenance Phase F – Concrete Improvements Project and direct the City Clerk to file a Notice of Completion; and

5. Make the CEQA determinations as provided in this report.

Background
On June 1, 2020, City Council approved the proposed Five-Year Pavement Expenditure Plan, which included Residential Pavement Maintenance – Phase F (City Project Nos. 2611& 2624). On June 8, 2021, City Council adopted mid-cycle adjustments to the 1 The Residential Pavement Maintenance Phase E Project was originally programmed as City Project Nos. 2611, 2613 (St. Francis Park Neighborhood), 2621 (Holbrook Heights Neighborhood), and 2624 all in one, which is what the original design PSA awarded to Bellecci covered. See Background section for more information on why the original Phase E project was split into two separate projects (Phase E and Phase F). Splitting the project required Bellecci to prepare multiple bid document packages (one for each phase) thus necessitating the amendment for additional work.

Page 3 of 23 ends

City Council Agenda Report
Agenda Item No. 5.f
January 27, 2026
Capital Budget for Fiscal Years 2020-21 and 2021-22, which included appropriation of $3,238,000 to fund the design of the subject projects.

On February 7, 2023, City Council approved a Professional Services Agreement (PSA) with Bellecci & Associates of Concord, California (Bellecci), in the not-to-exceed amount of $929,271.20 (base agreement of $844,792.00 plus authority to spend up an additional $84,479.20) to provide design and related services for both Residential Pavement Maintenance – Phase E (Project Nos. 2613 & 2621) & Phase F (City Project Nos. 2611, 2624).

On May 14, 2024, City Staff presented the Two-Year Capital Budget and the Five-Year Capital Improvement Plan; which included recommending a total appropriation of $6,500,000 to Residential Pavement Maintenance – Phase F to cover the costs of upcoming construction.

Due to Contra Costa Water District’s (CCWD) water main replacement work in the Monte Gardens and Dana Estates neighborhoods, the Residential Pavement Maintenance Phase F project was delayed from starting construction in 2025. As a result, certain segments of Granada Drive and Landana Drive that were part of other paving projects could be completed, and these segments not originally included in the Project were added to the Phase F project’s list of streets. Due to the CCWD’s work, the construction of the Phase F project was delayed to 2026. CCWD completed all of their water main replacement work in summer 2025.

On September 10, 2025, staff presented at a Bicycle Pedestrian Advisory Committee meeting on Phase F project’s improvements for bicyclists and pedestrians. A community meeting was held on September 3, 2025, informing residents of the Project’s upcoming construction and to obtain feedback from residents. Residents were primarily concerned about driveway access during construction, and requested that some existing valley gutters with steep slopes be replaced to prevent bottoming out of vehicles. City staff explained the driveway construction and notification processes, and added some concrete valley gutter replacements to the project scope after analyzing the bottoming out issue.

Analysis and Procurement Process
Construction Contract
The project was advertised for construction bids as required by state law and City policy. The Engineer’s Estimate for the Total Bid was $1,400,000. Bids were opened on December 18, 2025. Ten (10) bids were received in amounts ranging from $849,334.00 to $2,150,023.14. The lowest bid ($849,334.00) was received from Spektren Engineering of Gilroy, CA, however, their bid was deemed non-responsive. As a result, the lowest responsive bidder became the second low bidder, Spencon Construction, Inc, of Danville, CA (Spencon). The basis of award for the project was the Total Bid.

Page 4 of 23 ends

City Council Agenda Report
Agenda Item No. 5.f
January 27, 2026
Spencon was the second low bidder and submitted a responsive and responsible bid.

Spencon has an appropriate and valid contractor’s license and satisfactory work references, and has completed similar concrete work in Concord, including all curb ramps and concrete repairs on the City’s Pavement Maintenance Zone 3 Project (PJ 2443).

Construction Management Task Order
In October 2025, in conformance with the City’s purchasing policies, staff issued a Request for Proposal (RFP) to UNICO under the existing Master Services Agreement (MSA) to provide a proposal for construction management, inspection, and materials testing services for the project. UNICO listed Twining as their subconsultant to provide material testing during construction.

Staff and UNICO negotiated the scope of work and cost for the services and agreed upon a base amount of $732,145.03 as fair and reasonable compensation for the services needed to provide construction management for the Project. As the task order is over $200,000, Council approval is required (Attachment 4).

UNICO has extensive experience in managing construction of similar concrete projects in the Bay Area. They provided construction management and inspection services on the City’s recently completed Residential Pavement Maintenance Phase E Project (Project Nos. 2613 & 2621) and have already performed a constructability review on this Project.

Design Professional Services Agreement (PSA) Amendment
An amendment to the PSA with Belleci & Associates is required to pay for additional design services performed on both the Residential Pavement Maintenance Phase E and Phase F projects, and to ensure that there is adequate budget for construction design support on the remainder of the Phase F project (Attachment 5).

Project Stabilization Agreement
On September 13, 2016, Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Trades Council for City projects with a construction contract valued at over $750,000. This project will be subject to the requirements of the Project Stabilization Agreement as the estimated construction costs exceeded $750,000. The prospective bidders for the Project were made aware of this requirement as part of the construction contract. Spencon and their subcontractors have submitted the required agreement to be bound to the terms of the Citywide Project Stabilization Agreement. UNICO Engineering and their materials testing firm Twining have also submitted the required forms and agreement to be bound.

Financial Impact
The current total budget remaining for the Residential Pavement Maintenance Phase F Project (Project Nos. 2613 & 2621) is $4,600,000, funded primarily by Measure V fund

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City Council Agenda Report
Agenda Item No. 5.f
January 27, 2026
(Fund 490). There are sufficient funds in the project currently to award the construction contract with Spencon plus 20% contingency for contract change orders, as well as sufficient funds to approve Task Order with UNICO, and the design PSA amendment with Bellecci & Associates. No budget transfers are required.

Any leftover funding will be used towards the pavement maintenance portion of the Phase F project. Staff anticipates returning to Council in March/April for consideration of the construction contract for the pavement maintenance work to be completed this summer.

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 contract and approval of Task Order/PSA amendment do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c) and 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment . Even if Council action on this item did 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” and is statutorily exempt pursuant to 14 Cal. Code Regs. Section 15262 since the activity involves feasibility and planning for possible future actions, and Section 15273 as the activity consists of the creation of government funding mechanisms or other government fiscal activities which to not constitute a “project”.

In the alternative, Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves pavement maintenance of an existing roadway, installation of curb ramps to meet accessibility standards, minor curb and gutter repairs, striping improvements, and installation of fiber optic conduit and signal equipment. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. Accordingly, no further environmental review is necessary.

This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council action on this item.

Public Contact
The City Council Agenda was posted.

Page 6 of 23 ends

City Council Agenda Report
Agenda Item No. 5.f
January 27, 2026
Attachments
1 Project Location Maps

2. Bid Summary

3. Construction Contract with Spencon Construction, Inc.

4. Task Order No. 6 with UNICO Engineering

5. Amendment No. 2 to Bellecci & Associates Design PSA

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PJ 2611/2624 – RESIDENTIAL PAVEMENT MAINTENANCE PHASE F ATTACHMENT 1 – PROJECT LOCATION MAP

Page 8 of 23 ends

Contact: Kevin Wheat ext. 3422
City of Concord
Bid Sheet
PROJECT #2611/2624 Bid Opening:

Pavement Maintenance Phase F (Concrete
Improvements)
Thursday,
December 18, 2025
2:00 p.m.

Garden Conference Room
Engineer’s Estimate: $1,400,000 To be awarded: 1/27/26

COMPANY TOTAL BID
Spektren Engineering, Inc.
7810 Monterey St Ste B
Gilroy, CA 95020
DIR: 2000009401
$849,334.00

NON RESPONSIVE
SpenCon Construction, Inc
P.O. Box 1220
Danville, CA 94526
DIR: 1000009740
$1,256,805.00
FBD Vanguard Construction Inc
550 Greenville Road
Livermore, CA 94550
DIR: 1000008493
$1,259,381.00
Kerex Engineering Inc
P.O. Box 23831
Pleasant Hill, CA 94523
DIR: 1000033698
$1,294,458.00
$1,295,958.00
S & H Construction Inc
5560 Boscell Common
Fremont, CA 94538
DIR: 1000000362
$1,368,600.00
Ghilotti Bros Inc
525 Jacoby Street
San Rafael, CA 94901
DIR: 1000001037
$1,369,877.00
Sposeto Engineering Inc
4558 Contractors Place
Livermore, CA 94551
DIR: 1000005234
$1,388,367.00
Rosas Brothers Construction
4731 Coliseum Way
Oakland, CA 94601
DIR:1000004001
$1,476,590.00
Attachment 2

Page 9 of 23 ends

Contact: Kevin Wheat ext. 3422

COMPANY TOTAL BID
E.E. Gilbert Construction Inc
155 Howe Rd

Martinez, CA 94553
DIR: 1000003866

$1,535,738.07
Radius Earthwork Inc
197 E Hamilton Ave, St 204
Campbell, CA 95008
DIR: 10000517452

$2,150,023.14

Page 10 of 23 ends

Residential Pavement Maintenance Phase F – Concrete Improvements Project CONTRACT Project Nos. 2611 & 2624 Page 1
City of Concord
Construction Contract
This public works contract (“Contract”) is entered into by and between the City of Concord (“City”) and Spencon Construction, Inc. (“Contractor”), for work on the Residential Pavement Maintenance Phase F – Concrete Improvements Project (City Project Nos. 2611 & 2624) (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a bid to perform the Work to construct the Project. On January 27, 2026, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Form and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed

2.13 City of Concord Standard Plans & Specifications

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,256,805.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. The Project must be fully completed within 50 working days (weekends and holidays excluded) from the start date set forth in the Notice to Proceed.

Work will begin in March 2026 but the anticipated start date is provided solely for convenience and is neither certain nor binding. See below:

The Contractor will fully complete the Work for the Project, meeting all requirements for completion of all bid items within working days specified from the commencement date given in the Notice to Attachment 3

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Residential Pavement Maintenance Phase F – Concrete Improvements Project CONTRACT Project Nos. 2611 & 2624 Page 2
Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. See Section 5.4 of the General Conditions.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

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Residential Pavement Maintenance Phase F – Concrete Improvements Project CONTRACT Project Nos. 2611 & 2624 Page 3
City:

Residential Pavement Maintenance Phase F - Concrete Improvements City of Concord
1950 Parkside Drive M/S 40
Concord, CA 94519
Attn: Kevin Wheat, Associate Civil Engineer
[email protected]
Contractor:

Name: Spencon Construction, Inc.

Address: PO Box 1220
City/State/Zip: Danville, CA 94526
Phone: 605-504-2671
Attn: Spencer Stahl, Vice President
Email: [email protected]
Copy to: [email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.

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Residential Pavement Maintenance Phase F – Concrete Improvements Project CONTRACT Project Nos. 2611 & 2624 Page 4
The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ Valerie J. Barone, City Manager Susanne Brown, City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Joelle Fockler, MMC, City Clerk
Date: ___________________________
CONTRACTOR: SPENCON CONSTRUCTION, INC.

Name
s/_______________________________ Seal:

Spencer Stahl, Vice President,
[email protected]
_________________________________
Name, Title, Email
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

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Residential Pavement Maintenance Phase F – Concrete Improvements Project CONTRACT Project Nos. 2611 & 2624 Page 5
FINANCE DIRECTOR’S CERTIFICATION:

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

THE SUM OF $1,256,805.00
ACCOUNT CODES:
490-9500-C999-74200 / 490-2611-115-74200 - $1,256,805.00 ______________________________
Finance Director’s Signature

END OF CONTRACT

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28 TASK ORDER
TASK ORDER NO: 6
PROJECT NAME: Residential Pavement Maintenance Phase F, PJ 2611 & 2624.

RELATED TO MASTER AGREEMENT WITH: UNICO Engineering, Inc., MSA #6791 This Task Order is made and entered into this January 27, 2026, the City of Concord, hereinafter referred to as CITY, and UNICO Engineering, Inc., hereinafter referred to as CONSULTANT.

Whereas, the parties hereto entered into a Master Agreement dated July 1, 2024 for a not-to-exceed total amount of $1,000,000.00 per fiscal year from the effective date of July 1, 2024 through June 30, 2026, to provide professional services as needed for various capital improvement projects; and Whereas, CITY desires CONSULTANT to perform certain tasks as hereinafter described for:

Residential Pavement Maintenance Phase F, PJ 2611 & 2624.

Now, therefore, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties agree as follows:

SECTION 1 - SCOPE OF SERVICES
CONSULTANT will provide Construction Management and Inspection Services for Residential Pavement Maintenance Phase F, PJ 2611 & 2624 per Exhibit A, a proposal from UNICO Engineering, Inc., dated October 22, 2025, attached hereto and made a part hereof.

SECTION 2 – STAFFING AND ORGANIZATION
CONSULTANT will provide staff technically appropriate for this project.

SECTION 3 - COMPENSATION
CONSULTANT shall be compensated on a time-and-materials basis for construction management, inspection, and materials testing services not to exceed $732,145.03 as rendered under Section 1 of this Agreement. Compensation shall be in accordance with the terms and conditions indicated therein.

CONSULTANT may submit monthly statements for basic and additional services rendered. It is intended that payments to CONSULTANT will be made by CITY within thirty (30) days of receipt of invoice.

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28 SECTION 4 – TASK ORDER SUMMARY
In Witness whereof, the parties have executed this Task Order No. 6 the day and year written above.

CONSULTANT CITY OF CONCORD
By: ____________________________________ By: ____________________________________ Name: Cesar Montes de Oca
Title: President
Email: [email protected]
Name: Carlton Thompson
Title: City Engineer
APPROVED AS TO FORM:
____________________________
ATTEST:
_______________________________________
City Attorney City Clerk
Task Order
No.

Date
Approved
Purchase
Order
No.
$ Amount
Fiscal Year
24/25
$ Amount
Fiscal Year
25/26
Account Code
1 7/1/24 20953 $149,846.98 4759500C999-74200
4752604115-74200
2 10/21/24 21120 $581,877.06 407-9500-C999-74250
407-2621-117-74250
3 4/1/25 20839 $14,393.00 407-9500-C999-74250
407-2657-117-74250
4 9/8/25 21591 $29,633.77 407-9500-C999-74250
407-2624-117-74250
5 12/23/25 TBD $86,991.57 700-9500-C999-74250
700-2551-117-74250
6 1/27/26 TBD $732,145.03 490-9500-C999-74250
490-2611-117-74250
Grand total, all task orders including this
task order #6
$746,117.04 $848,770.37
Master Agreement dated 7/1/2024, term
through 6/30/2026.
$1,000,000.
00 per fiscal
year

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28 FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _______________________, 2025

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE 25/26 TO PAY ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT TO THE SUM OF UP TO $732,145.03.

ACCOUNT CODE:
490-9500-C999-74250
490-2611-117-74250
_________________________________

FINANCE DIRECTOR'S SIGNATURE

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1485 Civic Court, Suite 1500
Concord, CA 95630
916-900-6623
CAL
Carlos Melendez, PE
PIC / Sr. Resident Engineer
Resident Engineer
Assistant Resident Engineer
Office Engineer
Construction Inspector
Construction Inspector (OT)
Cesar Lara
Principal
Project Manager
Field Inspector
Bill Rate $267.76 $208.85 $157.98 $99.07 $182.75 $274.12 $250.00 $234.32 $164.02 Task # Task Description Hours Total
1 Pre-Construction Services 8 32 64 64 40 32,586.64$
2 Construction Services 44 440 660 660 1320 90 539,229.16$ 3 Post-Construction Services 12 56 112 160 40 55,764.11$ 4 Materials Testing 36 266 52,065.13$
5 Surface Treatment Oversight 160 40,000.00$
64 528 836 884 1400 90 36 266 719,645.03$
12,500.00$
12,500.00$
732,145.03$
Subtotal ODCs
TOTAL
Hours Hours
Other Direct Costs (ODCs)
Laboratory Testing
and Reports
City of Concord
RFP - Construction Management and Material Testing Services for
Residential Pavement Maintenance Phase F
Project No. 2611 and 2624
Cost Proposal
UNICO ENGINEERING Twining
10/23/2025
October 22, 202

EXHIBIT A

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SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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28 This Second Amendment to Professional Services Agreement (“Second Amendment”) is entered into on this date, January 27, 2026, and amends the Professional Services Agreement, Agreement No. #6002, between the City of Concord (“CITY”) and Bellecci & Associates, Inc., 2290 Diamond Boulevard, Suite 100, Concord, CA 94520 (“CONSULTANT”) and the First Amendment to Professional Services Agreement, Agreement No. 6002-A.

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. #6002, dated October 13, 2022, (the “Agreement”), wherein CONSULTANT agreed to provide consulting services for Residential Pavement Maintenance - Phase E, PJ #'s 2611, 2613, 2621 & 2624.

WHEREAS, the parties executed the First Amendment to Professional Services Agreement (“First Amendment”) on April 11, 2025 to extend the term of the Agreement.

WHEREAS, under the First Amendment, the Agreement provides that the Agreement shall expire on December 31, 2026.

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

WHEREAS, the parties hereto desire to amend the agreement to provide for additional compensation in the amount of $48,548 for additional design services, for a total contract amount of $997,819.20;
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. The first two sentences of Section 3 “PAYMENT” are hereby amended to read as follows:

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 (of original Agreement) and Exhibit A (of First Amendment). However, in no event shall the amount CITY pays CONSULTANT exceed Nine hundred ninety seven thousand eight hundred nineteen dollars and twenty cents ($997,819.20) for the term of this Agreement.

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

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

Dated: ___________ CONSULTANT
BY: ________________________
Robert Broestl, Principal
[email protected]
Dated: ___________ CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk

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28 FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

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

THE SUM OF $997,819.20. ($929,271.20 previously encumbered, requesting an additional $48,548.00)
Account Code: 4079500C999-74500 / 4072621113-74500
Finance Director's Signature

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TASK RATE 220 210 150 220 380 174
# TASKS DESCRIPTION PROJ. PROF. DESIGN PROF. SURVEY SURVEY HRS. DIRECT TOTAL MNGR. ENGR. ENGR. SURVEYR CREW TECH /TASK COST COST
1 Intersection studies & design at 5 locations 4 12 100 1 16 2 135 $25,048.00 2 Addition of 6 street locations to project 2 6 80 88 $13,700.00 3 Preparation of ADA compliance reports for 36 ADA curb ramp locations for Zones 4L, 5M, & 5H (Project Nos. 2613 & 2621). 1 2 30 33 $5,140.00 4 Separate out project into 2 packages, one for Zones 4L, 5M, & 5H (Project Nos. 2613 & 2621) and the other for Zones 2Q, 2O, & 2H (Project Nos. 2611 & 2624) 1 4 24 29 $4,660.00 PROJECT TOTAL 8 24 234 1 16 2 285 0 $48,548.00
Additional Services
Exhibit A
City of Concord
Additional Services Proposal to provide Engineering Design for the Residential Pavement Maintenance – Phase E, City Project Nos. 2611, 2613, 2621, & 2624
December 9, 2025
NOTE: BREAKDOWN OF HOURS SHOWN IS FOR ACCOUNTING PURPOSES ONLY. DISTRIBUTION OF HOURS WILL VARY.

TOTAL PROJECT FEES WILL NOT BE EXCEEDED WITHOUT APPROVAL OF A CONTRACT CHANGE ORDER BY THE CITY

PROJECT BUDGET ESTIMATE

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Staff Report
Date: January 27, 2026
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Ben Ulrey, Associate Planner
[email protected]
(925) 671-3152
Reviewed by: Justin Ezell, Assistant City Manager
Mindy Gentry, Community Development Director
Aaron Sage, Planning Manager
Subject: Considering the following:

1. Adoption of a Resolution amending the City’s General Plan Land Use Element; and

2. Introduction of an Ordinance amending the Concord
Municipal Code, Title 18 (Development Code), Chapters

18.15 (Zoning Districts and Zoning Map), 18.25
(Development and Land Use Approvals), 18.40 (Office and Commercial Districts), and 18.410 (Zoning Clearance), and adding Chapter 18.120 (Affirmatively Furthering Fair
Housing Overlay District) and rezoning approximately 20 acres to apply the Affirmatively Furthering Fair Housing Overlay District to implement state law and Objective 8.6 of the 2023-2031 Housing Element by reading of the title only and waiving further reading.

CEQA: Statutorily Exempt from CEQA Pursuant to Public
Resources Code 21080.085, Enacted by Senate Bill 131 (2025); and/or not a Project/Exempt Pursuant to Public Resources Code Section 21065 and CEQA Guidelines Sections
15060(c)(2), 15061(b)(3), and 15378.

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

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City Council Agenda Report
Agenda Item No. 6.a
January 27, 2026
Report in Brief
State law, including Assembly Bill 686 (AB 686), and the City of Concord’s 2023-2031 Housing Element (“Housing Element”) require the City to affirmatively further fair housing by addressing disparities in access to opportunities and promoting equitable housing distribution. Objective 8.6 of the Housing Element commits the City to rezoning (proposed as an overlay zone which retains the underlying zoning district) a minimum of 20 acres in moderate- and high-resource areas at a density of 60 units per acre to accommodate at least 1,000 housing units.

Following extensive community engagement, including workshops (both virtual and in- person), surveys, stakeholder interviews, and property owner outreach, staff identified potential sites for inclusion in a new Affirmatively Furthering Fair Housing (AFFH) Overlay District. These sites were refined based on feedback, feasibility analyses, and alignment with state requirements. The proposed amendments to the General Plan and Development Code would establish the AFFH Overlay District on identified sites allowing for residential development up to 60 units per acre, establish development standards, and facilitate by-right approvals for qualifying housing projects, while retaining the existing underlying zoning district.

On November 19, 2025, the City’s Planning Commission reviewed the proposed General Plan Amendment, Zoning Map, and Development Code amendments, and voted 3-1 (Ayes: Mizutani, Laub, Patel; Noes: Barbour; Recused: Corio) to adopt Resolution 25-15 PC recommending the City Council approval of the amendments and apply the Affirmatively Furthering Fair Housing Overlay District to the three sites described in this report.

Recommended Action

1. Adopt a Resolution amending the City’s General Plan Land Use Element (Attachment 1); and

2. Introduce an Ordinance amending the Concord Municipal Code, Title 18 (Development Code), Chapters 18.15 (Zoning Districts and Zoning Map), 18.25 (Development and Land Use Approvals), 18.40 (Office and Commercial Districts), and 18.410 (Zoning Clearance), and adding Chapter 18.120 (Affirmatively Furthering Fair Housing Overlay District); and rezoning approximately 20 acres to apply the Affirmatively Furthering Fair Housing Overlay District to implement state law and Objective 8.6 of the 2023-2031 Housing Element by reading of the title only and waiving further reading (Attachment 2).

Background
Since 1969, state law has required local governments to adopt a housing element to adequately plan for the housing needs of all segments of the community. The housing element, one of seven required components of a general plan, serves as a key planning

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City Council Agenda Report
Agenda Item No. 6.a
January 27, 2026
tool for California's local jurisdictions to address housing needs at all income levels and is required to be updated every eight years.

Each housing element must address the local government’s share of the Regional Housing Needs Allocation, a statewide process carried out every eight years by the California Department of Housing and Community Development (HCD) and by the councils of governments (COGs) at the regional level. After HCD projects the number of housing units needed for each region based on factors such as projected growth and housing needs it then allocates these projections to each region’s COG, such as the Association of Bay Area Governments (ABAG) in the Bay Area. The COG then develops a methodology to assign housing needs to each local government within their region, which is called the Regional Housing Needs Allocation (RHNA).

The RHNA process considers various factors to ensure housing needs are distributed in a manner consistent with the following statutory objectives: 1) increase housing supply and mix of housing types; 2) promote infill development and socioeconomic equity; 3) improve the jobs and housing balance; 4) balance disproportionate household income distributions; and 5) affirmatively further fair housing.

The City began work on its 2023-2031 Housing Element (Housing Element) in June 2021 with a presentation to the City Council, introducing the update process and launching an extensive community engagement initiative. This initiative utilized a multipronged, layered approach to connect with a wide range of community members.

Through these efforts, the Housing Element project team engaged nearly 1,500 individual community members and partnered with over 25 community organizations.

Engagement activities included 14 events–both virtual and in-person–and an online survey, fostering broad participation and input.

On August 22, 2023, Council adopted the Housing Element, which was subsequently certified by HCD on October 23, 2023, confirming its compliance with state law.

Completion of this milestone ensured the City is well-positioned to address its housing needs over the next eight years.

Housing Element Policies and Programs
California law requires housing elements to include a comprehensive set of policies and programs to address housing needs and comply with state mandates. While there is no fixed number of required programs, jurisdictions must address key areas such as identifying adequate housing sites to accommodate their RHNA, promoting affordable housing development, removing governmental constraints, conserving existing housing, affirmatively furthering fair housing, preserving at-risk affordable units, and meeting the needs of special populations. Each program must have clear objectives, timelines, and responsible entities to ensure accountability and effectiveness, with the number and scope of programs tailored to the jurisdiction’s unique housing challenges and priorities.

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City Council Agenda Report
Agenda Item No. 6.a
January 27, 2026
Concord’s Housing Element includes 26 distinct programs, each designed to address specific housing needs and goals. Within these programs are over 100 detailed "objectives," which outline the individual actions and strategies to be implemented to achieve the goals of each program.

Housing Element Program 8 – Fair Housing
The Fair Housing program focuses on expanding housing opportunities and ensuring equitable access to housing for all segments of the community, including low-income residents, older adults, people with disabilities, and others facing housing challenges.

Key objectives include ongoing participation in the Analysis of Impediments to Fair Housing Choice; contracting with service providers for fair housing counseling, education, and outreach services; and conducting place-based programs aimed at increasing upward mobility for low-income residents. The City will also coordinate with Contra Costa County and the Bay Area Housing Finance Authority to explore funding opportunities for affordable housing projects, support regional housing initiatives, and advocate for additional resources. Additionally, the City will focus on rezoning sites to increase multifamily residential options in moderate- and high-resource areas and work towards creating community land trusts. Regular training and testing will also be conducted to ensure compliance with fair housing laws.

Housing Element Objective 8.6
Objective 8.6 is the City’s primary strategy for complying with AB 686, a 2018 law intended to strengthen the State’s commitment to fair housing. The law requires jurisdictions to actively promote fair housing practices and address patterns of segregation. It mandates that local governments incorporate policies to "Affirmatively Further Fair Housing" (AFFH) in their housing plans, ensuring that all communities have equal access to affordable housing opportunities.

More specifically, AB 686 modified state housing element law to include the following requirements for housing element updates:
“…an assessment of fair housing practices, an analysis of the relationship between available sites and areas of high or low resources, and concrete actions in the form of programs to affirmatively further fair housing. The purpose of this assessment and analysis is to replace segregated living patterns with truly integrated and balanced living patterns and to transform racially and ethnically concentrated areas of poverty (R/ECAP) into areas of opportunity.” As part of the Housing Element and to demonstrate compliance with AB 686, the City was required to prepare an analysis on AFFH1. The analysis identified disparities in access to opportunities between the central/western portion of the City. Particularly, disparities in income and disproportionate housing needs, correlated with areas populated predominantly by Hispanic/Latinx residents, were identified. Pursuant to AB 1 cityofconcord.org/DocumentCenter/View/11386/HEU-D-Affirmatively-Furthering-Fair-Housing

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City Council Agenda Report
Agenda Item No. 6.a
January 27, 2026
686 the City is required to address these disparities. Furthermore, the Housing Element analyzed available housing sites throughout the City and found that sites meeting the state’s criteria for lower-income housing sites2 are located entirely in low-resource3 areas of Concord, a condition at odds with the state’s AFFH goals.

To fulfill the City's AFFH obligations under state law and ensure compliance with AB 686 due to the identified disparities in access and the concentration of lower-income housing sites in low resource areas, Housing Element Objective 8.6 was included in the Housing Element, as follows:
“Rezone sites to increase multifamily residential options in moderate- and high- resource areas (as shown in the most recent CTCAC [California Tax Credit Allocation Committee]/HCD Opportunity Maps) with a majority white population.

Rezoned sites must meet the following criteria:
a) located in Racially Concentrated Areas of Affluence or other moderate- or high-resource areas (as shown in the most recent CTCAC/HCD Opportunity Maps) with a majority white population;
b) combined area of at least 20 acres;
c) maximum density of at least 60 dwelling units per acre; d) accommodate at least 1,000 total dwelling units;
e) adequate access to infrastructure;
f) strong development potential; and
g) low potential for displacement of lower-income households.

Begin the rezone process by December 2023 by conducting outreach, analyzing opportunities, and completing a CEQA analysis to finalize the rezone by December 2024. Within 6 months of completion of the rezone, work with property owners to proactively identify prime sites, notify affordable housing developers, and provide technical assistance and priority processing for affordable projects without assessing an additional charge, and include the information in the Affordable Housing Toolkit.”
Why Objective 8.6 Focuses on Rezoning in “High Resource Areas” 2 State housing element law includes minimum criteria for sites designated to satisfy the lower-income component of the Regional Housing Needs Allocation, including a minimum size of 0.5 acres and a minimum density of at least 30 units per acre.
3 In housing element law, low-resource areas are locations with limited access to opportunities such as quality schools, jobs, transportation, and essential services, often marked by higher poverty and reduced economic mobility. These areas are identified using tools like the TCAC Opportunity Maps, guiding jurisdictions to address inequities by improving conditions and increasing housing opportunities. https://www.treasurer.ca.gov/ctcac/opportunity.asp

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City Council Agenda Report
Agenda Item No. 6.a
January 27, 2026
As previously stated, AB 686 expanded jurisdictional requirements by mandating that communities conduct a comprehensive assessment of fair housing issues, identify contributing factors, and develop specific policies and actions to actively promote housing integration, address disparities in access to opportunity, and transform racially and ethnically concentrated areas of poverty into areas of opportunity. These assessments guide jurisdictions in determining necessary actions to AFFH, such as addressing fair housing barriers, promoting integration, and reducing disparities in access to opportunities. Key strategies for achieving AFFH goals include: 1) investing in lower-resource areas to revitalize communities, 2) preventing displacement, 3) enhancing mobility, and 4) increasing affordable housing in high-resource areas.

Mobility, in this context, refers to enabling disadvantaged individuals to access housing in areas with greater opportunities, such as quality schools and jobs (“High Resource Areas”).

The City’s AFFH analysis revealed key findings about Concord’s evolving demographics and disparities. Over time, Concord has become increasingly diverse, with noticeable integration and rising racial and ethnic diversity, particularly in the central and western areas (i.e., Monument and North Concord). These areas, however, face higher poverty rates. In contrast, the south and eastern portions of the City (i.e., Treat/Oak Grove to Concord Pavilion) demonstrate stronger economic, educational, and environmental outcomes and have a higher concentration of white, higher-income residents. Although the City’s western area provides good access to jobs and public transportation, higher- resource neighborhoods provide other valuable opportunities. However, these higher- resource areas primarily permit low density, single-family development that requires a higher household income, therefore are likely unaffordable for many lower-income households, effectively excluding them from higher-resource neighborhoods.

Furthermore, most lower income housing sites identified in the City’s Sites Inventory are located in the central and western areas, with none in the southeastern, higher-resource neighborhoods.

To meet the revitalization and anti-displacement requirements of AB 686, the City implemented increased tenant protections and place-based programs in lower-resource areas. These include public infrastructure investments, economic development initiatives, workforce support, grant-funded urban greening projects, and community events to support local businesses4.

To address mobility challenges and the disparities highlighted in the AFFH analysis, the City identified a need to create greater opportunities for affordable housing in higher- resource neighborhoods. Community feedback further shaped this direction, particularly the call to remove certain sites from the Sites Inventory due to their concentration in lower-resource areas. This feedback aligns with the City’s 2022 Community Survey, where the majority of respondents (58.3%) supported prioritizing redevelopment of 4 https://www.cityofconcord.org/DocumentCenter/View/11826/Programs-Document

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City Council Agenda Report
Agenda Item No. 6.a
January 27, 2026
vacant or underutilized commercial properties for new housing. Additionally, 43.4% of respondents favored locating new housing throughout the City rather than concentrating it in lower-income areas.

These considerations culminated in the proposed rezoning of sites in moderate- and high-resource areas with predominantly white populations. This action, outlined in Objective 8.6, will address the identified challenges and promote more equitable housing opportunities citywide. Staff evaluated alternative programs but ultimately recommended rezoning 20 acres at a density of 60 dwelling units per acre, creating the potential for 1,000 new housing units in higher-resource neighborhoods. Seven alternative programs were considered but not further explored due to constraints or potentially greater impacts compared to the selected approach. The alternatives included programs such as subsidizing housing units for lower income households, which was determined to not be financially feasible for the City, and inclusion of development planned for the Concord Naval Weapons Station, which does not achieve program goals because housing units would not become available during this housing element cycle. The alternative programs are summarized in Attachment 9.

Study Area
The geographic scope of this rezoning project has been defined in Housing Element Objective 8.6, which states that AFFH sites should be ‘located in Racially Concentrated Areas of Affluence or other moderate- or high-resource areas (as shown in the most recent CTCAC/HCD Opportunity Maps) with a majority white population.’ Based on staff and community input, the study area boundary includes both the California Tax Credit Allocation Committee (CTCAC) opportunity map5 and Racially Concentrated Areas of Affluence (RCAA)6 data and has been expanded to include additional neighboring parcels that offer similar advantages as those in high-opportunity areas.

Combined, these two geographic areas cover portions of the City that include the southern leg of Clayton Road, neighborhoods along Treat Boulevard, and areas around Ygnacio Valley Road. Generally, these cover the Clayton Valley, Lime Ridge, and Ygnacio Valley neighborhoods7 within Concord (see Attachment 5 – Map of Study Area).

Residential Feasibility Study (Attachment 6)
5 In 2025, the California Tax Credit Allocation Committee (CTCAC) updated this CTCAC/HCD Opportunity Map to guide policies enhancing access to opportunity-rich areas for affordable housing residents funded by Low Income Housing Tax Credits and state programs, addressing residential segregation, unequal opportunity access, and historical housing concentrations in resource-limited, high-poverty, racially concentrated areas. https://www.treasurer.ca.gov/ctcac/opportunity.asp
6 In 2022, HCD developed this updated version of the RCAA map to more accurately represent California's diversity and regional conditions, assisting local jurisdictions in analyzing racially concentrated areas of poverty and affluence in accordance with AB 686 and AB 1304.
https://gis.hcd.ca.gov/portal/apps/mapviewer/index.html?layers=15da571536064ddaa1f9be78a842e580 7 https://www.cityofconcord.org/DocumentCenter/View/12211/neighborhood-map

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City Council Agenda Report
Agenda Item No. 6.a
January 27, 2026
The City retained Economic & Planning Systems, Inc. (EPS) to evaluate the physical and financial feasibility of different housing product types with varying densities within the study area. To accomplish this task, EPS developed proformas for different residential prototypes incorporating City requirements for development standards (e.g. parking, open space) and then applied them to sites to assess development feasibility.

Key findings from the study include:
• Multifamily development feasibility is currently limited by high construction and financing costs, making it difficult to achieve competitive financial returns and get projects started. Improvements to market conditions – including cost reductions and/or rent increases – will enhance project feasibility, but it is not certain when such conditions will prevail.
• The type and quantity of parking plays a key role in overall development costs due to the high cost of structured parking. Structured parking, whether in a “wrap” or podium style8, costs $40,000 to $50,000 per space compared to surface parking at $5,000 per space.
• The financial feasibility of developing at the maximum density of 60 dwelling units per acre, as outlined in Housing Element Objective 8.6, is currently very low. At present, townhomes and garden-style apartments (typically from 20 to 30 units per acre) represent the most financially viable residential development options. • The value of existing commercial uses exceeds the estimated value of residential redevelopment options. For a property to be viable for residential redevelopment, a residential developer would need to be willing to invest more to both acquire the site and demolish existing uses to allow for new construction than an investor would be willing to pay to retain the existing buildings and lease them to tenants. • Below-market-rate multifamily housing presently is more feasible than market- rate multifamily housing. The average land value that affordable projects have paid in Concord and neighboring jurisdictions has been higher than what market- rate multifamily projects would be able to feasibly achieve under current market conditions. These projects have relied on subsidies such as Low-Income Housing Tax Credits9 to achieve feasibility and have been able to support higher land acquisition costs despite having lower rents than market-rate projects and comparable construction costs.
8 A “wrap” refers to a development where housing units that surround (or predominantly surround) a parking structure, such that parking is not substantially visible from the street, whereas a podium refers to a development where housing units are located above a parking structure, often with commercial space located in front of the structure.
9 The Low-Income Housing Tax Credit is the largest source of affordable housing financing and offers developers nonrefundable and transferable tax credits to subsidize the construction and rehabilitation of housing developments that have strict income limits for eligible tenants and their cost of housing.

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Fiscal Impact Analysis (Attachment 7)
Economic & Planning Systems, Inc. (EPS) was also retained to evaluate the fiscal impacts of rezoning commercially zoned properties as part of the AFFH program.

Drawing on the Residential Feasibility Study, which modeled building and parking configurations to achieve target residential densities, EPS analyzed the fiscal implications of the proposed redevelopments. The analysis focused on three case study sites:
• Kmart at 5100 Clayton Road;
• Dental offices at 2975 Treat Boulevard; and
• Part of Clayton Faire Shopping Center.

The analysis suggests that converting commercial properties to residential uses is likely to increase demand for City services, particularly from the Police and Public Works Departments. Although redevelopment may generate additional property taxes and other revenues, these gains are generally insufficient to offset the higher costs associated with serving a larger residential population. Consequently, the net fiscal impact on the City’s General Fund is projected to be negative under current market conditions.

The study notes that actual fiscal outcomes will depend on factors that cannot be predicted with certainty, including future changes in City or state budgeting practices, departmental service efficiencies, and other external conditions. Additionally, the findings offer that while residential development may have a negative impact on the City’s fiscal position it is not a recommendation that the City retain the current zoning on these sites as there are numerous other reasons to consider allowing residential uses.

These reasons include the need to provide housing at all income levels, and the need to meet the state’s mandates in order to retain funding and land use discretion.

Transportation Analyses
As discussed below, two separate transportation analyses were prepared for the proposed amendments: Vehicle Miles Traveled (VMT) and Level of Service (LOS).

Vehicle Miles Traveled (Attachment 3)
A VMT analysis is a tool used to evaluate the transportation impacts of a project by measuring the total miles driven by vehicles within a specific area over a defined period.

Under the California Environmental Quality Act (CEQA), VMT serves as the primary metric for determining significant transportation impacts. Although the AFFH project is now exempt from CEQA, a VMT analysis was conducted to ensure compliance to maintain eligibility for funding as part of Measure J.10 The analysis is used to forecast 10 Measure J is Contra Costa County’s 25 year half-cent sales tax for transportation projects and established a Growth Management Program to coordinate development with infrastructure needs.

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and mitigate potential environmental impacts of future development, including greenhouse gas (GHG) emissions.

The VMT analysis, prepared by Fehr & Peers, assumed a scenario of 2,412 additional multifamily residential units. While the goal of the AFFH program is to accommodate at least 1,000 new housing units, this higher number was based on City Council direction provided on January 7, 2025. At that meeting, the Council directed staff to advance the program by analyzing seven final sites at their maximum potential buildout of 2,412 units.

In contrast, staff’s current recommendation for the AFFH Overlay District as presented in this report includes 1,019 additional housing units, less than half of what was evaluated in the VMT analysis. The analysis concluded that adding 2,412 units would exceed the City’s established thresholds of significance for residential development.

Due to VMT exceeding the threshold and based on public feedback, staff is recommending implementation measures for housing projects to reduce VMT, which are described in the Analysis section below.

Level of Service (Attachment 4)
Fehr & Peers also conducted a LOS analysis to evaluate how efficiently roadways and intersections operate under existing and projected traffic conditions. The analysis measures factors such as vehicle delay, speed, and congestion, assigning each intersection a letter grade to represent the quality of traffic operations.

Similar to the VMT analysis described above, the LOS analysis was based on a scenario assuming 2,412 additional multifamily residential units, consistent with City Council direction provided on January 7, 2025, which has now been reduced to 1,019 additional housing units presented by staff in this report. Consistent with the VMT findings, the LOS analysis determined that traffic generated by 2,412 additional units would result in significant impacts, in the form of four intersections operating below the City’s performance standards:
• Ygnacio Valley Road & Cowell Road
• Ygnacio Valley Road & Ayers Road
• Bailey Road & Concord Boulevard
• Treat Boulevard & Cowell Road
The LOS analysis concludes there will be impacts to the four intersections above and to address those impacts, housing projects producing more than 110 new daily vehicle trips will be required to do a project specific analysis to determine appropriate implementation measures to reduce the project’s impacts.

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Community Engagement Summary
In total, the City and project team facilitated seven community workshops (including one conducted entirely in Spanish), 14 stakeholder and community partner meetings, numerous ad hoc meetings, two City Council meetings, two Planning Commission meetings, one joint City Council/Planning Commission meeting, and three online community surveys, resulting in more than 3,200 community touchpoints. Additionally, the project team created a dedicated webpage11 with meeting dates, meeting materials, FAQs, links to maps, and other project information. Finally, the project team compiled an interested parties list of more than 1,400 email contacts, used to distribute project updates, including announcements about upcoming meetings, events, and key project milestones.

Planning Commission Hearing
The Planning Commission held a public hearing on November 19, 2025 to consider a recommendation to the City Council regarding the proposed amendments. Written comments submitted in advance of the hearing primarily expressed concerns regarding potential traffic impacts associated with the proposed rezoning and the decision not to complete an Environmental Impact Report for the project. One property owner also reiterated that they are not interested in rezoning the two properties they own on Clayton Road, which include the Dollar Tree Store and the Hospice Foundation site.

Nine community members spoke during the public hearing, with a majority expressing general support for the AFFH overlay zoning with some speakers expressing concerns with the increase in density and traffic, amongst other potential impacts. Prior to their vote, some Commissioners expressed concerns about the density being too high for this area of Concord given California’s density bonus law but also understood the need to accommodate additional housing within Concord as outlined in the City’s Housing Element.

Analysis
Housing Overlay Approach
Based on input from the City Council and the public, a housing overlay approach is proposed to allow higher-density residential uses in addition to the uses already permitted on the affected parcels. This means the existing zoning district will remain unchanged, except for the increase in allowable residential density. Under this approach, each parcel and its existing uses may continue as they do today. If a property changes ownership, the new owner may continue operating the same permitted uses, including existing commercial uses, without those uses becoming nonconforming. The overlay is designed to encourage and provide incentives (but not requirements) for property owners to redevelop their sites with housing. Property owners would have the option, but not the obligation, to construct residential units in the overlay district. 11 https://www.cityofconcord.org/AFFH

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Seven Sites Under Consideration for Rezoning
At its January 7, 2025 joint meeting with the Planning Commission, the City Council directed staff to analyze seven final sites totaling approximately 41 acres at their maximum potential buildout of 2,412 units, which are described below and shown in Attachment 8.
• Site 1: Kmart. The Kmart site is located in a High Resource Area. The Kmart portion is approximately thirteen acres and would have a capacity of 780 units with rezoning; however, staff recommends that the overlay be placed on approximately eight acres, creating a capacity of 471 units. The existing General Plan designation is Neighborhood Commercial, and the zoning district is Neighborhood Commercial (NC).
• Site 2: Clayton Faire. The Clayton Faire site is located in a high resource area.

It is approximately 4 acres – not all of the area was included for rezoning. Centre Concord, the gym, bowling alley, and parking areas are being excluded. With rezoning, it would have a capacity of 248 units. The existing General Plan designation is Neighborhood Commercial, and the zoning district is Neighborhood Commercial (NC).
• Site 3: Staples/CVS, Auto Repair, Burger King. These parcels are not located in a high resource area or an RCAA. The site has an area of approximately 10 acres and would have a capacity of 620 units with rezoning. The existing General Plan designation is Neighborhood Commercial, and the zoning district is Neighborhood Commercial (NC).
• Site 6: Dental Offices at Oak Grove and Treat. This property is located in a high resource area and an RCAA. It is approximately 3 acres and would have a capacity of 180 units with rezoning. The existing General Plan designation is Commercial Office and the zoning district is Community Office (CO) • Site 8: Palm Lake Apartment Homes Infill. This property is located in a high resource area and an RCAA. It has a total area of almost 13 acres and the owner has already been exploring the addition of units to the site. The site currently contains 300 units and if the entire site were rezoned, it would accommodate an additional 480 dwelling units; however, staff is recommending a cap of 300 additional units. The existing General Plan designation is Medium Density Residential, and the zoning district Planned District (PD). • Site 16: Vacant Site at Kirker Pass and Myrtle. This vacant parcel is located within a high resource area and encompasses approximately two acres. With rezoning it would accommodate a maximum of 120 dwelling units. The existing General Plan designation is Low Density Residential, and the zoning district is Residential, Low Density (RL).
• Site 18: 1539 Kirker Pass. This site is located within a high resource area. It has an area of about an acre and with rezoning it would accommodate a

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maximum of 56 dwelling units. The existing General Plan designation is Medium Density Residential, and the zoning district is Residential, Medium Density (RM).

The following sites are recommended by staff and the Planning Commission for final selection because they have minimal site constraints and property owner interest and are currently underutilized. Each site is located near amenities and schools, and together meet the criteria of Objective 8.6 by: 1) being situated within a TCAC- designated High Resource Area, 2) greater than 20 acres, 3) add up to at least 1,000 units, 4) have adequate infrastructure, 5) strong development potential, and 6) low to no potential for displacement of lower-income households. The Kmart and Clayton Faire sites have a maximum allowable density of 24 dwelling units per acre while the Palm Lake Apartments site allows up to 32 dwelling units per acre under the General Plan.

Additionally, the recommendation is to cap the total number of units at Palm Lake Apartments at 600, allowing 300 new units to the existing 300, to reduce impacts on the surrounding neighborhood and lessen traffic congestion at the Treat Boulevard and Oak Grove Road intersection. This approach aligns with community feedback expressing concerns about the effects of rezoning the Palm Lakes site for additional housing.

Table 1: Recommended Sites for the AFFH Overlay District Recommended Sites Acreage Total Unit Capacity
Site 1: Kmart 8 471
Site 2: Clayton Faire 4 248
Site 8: Palm Lake Apartments 13 300*
TOTAL 25 1,019
*Palm Lakes currently contains 300 existing housing units. While the proposed density of 60 units per acre could accommodate up to 480 additional units (780 total), staff recommends capping total development at 600 units, allowing for 300 new units beyond those existing today.

Four alternative sites remain available for consideration as part of the rezoning effort; however, they are not recommended because they are constrained by not fully meeting Objective 8.6 criteria or by having limited development potential.

Alternative sites:

Site 3: Staples/CVS, Auto Repair, Burger King
Because these parcels are not located within a High Resource Area or an RCAA, they do not meet the Objective 8.6 criteria. If selected for rezoning, they could provide additional housing capacity; however, they would not count toward the 1,000-unit requirement.

Site 6: Dental Offices at 2975 Treat Boulevard
Although the property is located within both a High Resource Area and an RCAA, the property owner did not express interest in rezoning until recently. Following

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the November 19 Planning Commission meeting, the owner contacted staff to discuss potential participation. Staff subsequently met with the owner to review the program, after which the owner submitted a letter confirming interest in inclusion in the AFFH program (Attachment 10).

Despite this expressed interest, staff has determined that rezoning both the Palm Lakes site and Site 6 would result in excessive impacts at the intersection of Treat Boulevard and Oak Grove Road. Given that Palm Lakes has greater development potential and that Site 6 is unlikely to develop during the current Housing Element cycle, staff recommends selecting Palm Lakes in lieu of Site 6.

Site 16: Vacant Site at Kirker Pass and Myrtle
Although this vacant parcel is located within a High Resource Area and comprises approximately two acres, the presence of overhead high-voltage power lines substantially constrains the site’s developable area. Based on these limitations, staff estimates that, if rezoned, the site could accommodate up to 60 housing units.

A 20-unit subdivision application for the site was previously submitted; however, the application is now considered withdrawn because it remained incomplete six months after filing and no extension was granted. The property owner has indicated an intent to submit a new application that meets the applicable density standards once the AFFH Overlay District process is complete and a determination is made regarding the inclusion of Site 16 in the rezoning.

Site 18: 1539 Kirker Pass
Although this site is located within a High Resource Area and encompasses approximately one acre, the presence of Mt. Diablo Creek running through the property limits its development potential. The site may also be subject to cultural and environmental constraints due to its proximity to the creek and its largely undeveloped condition.

Proposed Amendments
The proposed General Plan, Development Code, and Zoning Map amendments are provided in Attachment 1, Exhibit A, and Attachment 2, Exhibits A-F. New text is shown in red underline while proposed deletions are shown red strikethrough.

General Plan Amendment
To ensure the City’s General Plan is consistent with the City’s zoning, an amendment is necessary to incorporate language to increase the allowable density up to 60 dwelling units per acre and to allow residential uses on the ground floor to affirmatively further fair housing. This language is proposed to be added to the Medium Density Residential and Neighborhood Commercial General Plan designations for consistency with the selected sites for rezoning (Attachment 1, Exhibit A).

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Concord Municipal Code Amendments
The following discusses the Concord Municipal Code (CMC) amendments proposed to create the AFFH Overlay District, its development standards, and to address related changes to implement Objective 8.6.

CMC Section 18.15.020 (Zoning Map and Districts) (Attachment 2, Exhibits A and F) This section of the Code establishes the City’s zoning districts as well as its map.

The proposed amendments would add not only the Affirmatively Further Fair Housing Overlay, but also the Affordable Housing and Commercial Cannabis overlay districts, which were inadvertently omitted from this section when they were established.

CMC Section 18.25.040 (Planned District (PD) Zoning) (Attachment 2, Exhibit B) This section of the Code covers the requirements for when a property is zoned Planned District (PD) and requires any existing residential uses with PD zoning to be retained until and unless the property is redeveloped. This requirement exists because developments were approved with varied setbacks, diverse lot sizes, and other variations of residential development standards.

The proposed amendments exempt housing development projects located within the AFFH Overlay District because the new district establishes development and design standards in the same manner as a zoning district.

CMC Section 18.40.020 (Office and Commercial Districts (CO, CMX, NC, SC, and RC) (Attachment 2, Exhibit C)
This section of the Code indicates which land uses are prohibited and permitted as well as the required permit type. This section covers only the impacted zoning districts in which the overlay would apply. The proposed amendments cross reference the proposed new CMC Chapter 18.120 governing the AFFH Overlay District, indicating additional information and requirements for applicable properties.

CMC Section 18.410.030 (Zoning Clearance) (Attachment 2, Exhibit D) This chapter establishes the procedures and requirements for projects subject to a zoning clearance, a ministerial approval certifying compliance with applicable Code requirements. The proposed language would codify staff’s existing practice of applying conditions of approval to bring zoning clearance projects into compliance with objective standards and regulations.

New CMC Chapter 18.120 (Affirmatively Furthering Fair Housing Overlay District) (Attachment 2, Exhibit E)
This new chapter to the CMC will establish the AFFH Overlay District, the location, allowed uses and permit requirements, development standards, and the review authority.

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Location
As discussed above, the AFFH Overlay District is proposed to apply to the three sites recommended by staff. This is reflected in the AFFH Overlay District map and Table 18.120.030(A).

Uses and Permit Requirements
All commercial land use classifications of the underlying zoning district would still apply; however, the allowable residential uses would be limited to Single-Family, Attached and Multifamily, and residential units would be allowed on the ground floor. These residential land use classifications are representative of the achievable density given the range of 20 to 60 units per acre. A housing development project would be subject to a zoning clearance and by-right development review (e.g. no public hearing) if it is located entirely on property located in the AFFH Overlay District and is in conformance with all objective development and design standards. Small lot subdivision projects would still be required to go through the public hearing process and would not be eligible for by-right development review, unless required by state law.

If a housing development project does not meet all objective standards or is not located entirely within the AFFH Overlay District, a use permit can be requested.

Development Standards
Table 2 shows the proposed development standards for the AFFH Overlay District.

Table 2: Development Standards(1)(2)
Standard AFFH Overlay District Additional Standards
Density (du/net acre)
minimum/maximum
20 – 60
Floor Area Ratio, Non-
Residential and Mixed-Use
Projects
As allowed in the
underlying zoning district

Lot coverage 70%
Lot Area (square feet)
minimum
5,000
Lot Width (feet) minimum 50
Lot Depth (feet) minimum 100
Building Height (feet)
maximum
40 Setbacks (feet) minimum
Front 10
Corner Side 10

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Standard AFFH Overlay District Additional Standards
Interior Side, Rear 10 See CMC 18.150.180
(Transitional requirements).

Open Space/Unit (square
feet) minimum
200 See CMC 18.150.100, Open
space and recreational
facilities for residential
developments.
(1)    Chapter 18.152 CMC, Objective Design Standards.
(2) Additional requirements may apply pursuant to Chapter 18.155 CMC (Standards for Small Lot and Medium Density Development) and Division V of this title (Standards for Specific Uses).  Lot area, width, depth, and setback limits listed here do not apply if a site is subdivided into multifamily fee simple/condominium units or small residential lots.

To reduce traffic impacts, all new housing development projects would be required to submit a Transportation Demand Management (TDM) program containing the following:
• New Resident Welcome Packet. Provide a packet to new residents or owners that includes transit maps, bike routes, transit pass information, and TDM information.
• Enhanced Pedestrian Access. Ensure direct, ADA-compliant sidewalk connectivity to the two closest transit stops.

Review Authority
Due to state law limiting a jurisdiction’s review to only objective standards, housing development projects – with the exception of small lot subdivisions – would be reviewed by the Planning Division with the ability to refer the project to another hearing body. (i.e. Zoning Administrator, Planning Commission, or City Council).

Findings
Pursuant to CMC Section 18.455.070, amendments to the City’s General Plan, Development Code (Title 18 of the City’s Municipal Code) and Zoning Map may be approved only if all applicable findings are made. Staff’s analysis on how the project meets each finding is provided below:

1. The proposed amendment[s are] consistent with the general plan [including internal consistency with all other provisions of the general plan].

All of the proposed amendments are necessary to implement Objective 8.6 of the 2023-2031 Housing Element of the City’s General Plan and are not inconsistent with any other provisions of the General Plan. The proposed Zoning Map amendment would include the sites in the AFFH Overlay District while retaining the underlying zoning of the sites. The AFFH Overlay District is consistent with

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the site’s General Plan Neighborhood Commercial designation, which is intended to support a mix of residential, commercial, and office development as well as the Medium Density Residential designation, which is intended for a variety of housing types including townhomes and other forms of multifamily housing.

Furthermore, Objective 8.6 requires the City to rezone approximately 20 acres of land at 60 dwelling units per acre to create capacity for up to 1,000 housing units.

For these reasons, the proposed Zoning Map amendment is in conformance with the General Plan.

2. The proposed amendment[s] would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

As stated in Finding 1, the proposed amendments implement Objective 8.6 of the 2023-2031 Housing Element and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. On the contrary, they serve the public interest by ensuring compliance with state law and encouraging a wider variety of housing types to meet the needs of all economic segments of the community.

If the City exercises discretion over a development project facilitated by the proposed Zoning Map amendment, the project will be evaluated against applicable policies to ensure it does not adversely affect public health, safety, or welfare.

3. 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 sites are physically suitable for inclusion in the AFFH Overlay District. They are served by existing utilities and have adequate access. There are no physical constraints that preclude the sites from inclusion in the AFFH Overlay District.

The parcels proposed for inclusion in the AFFH Overlay District are compatible with surrounding land uses given that they are adjacent to residential, mixed-use, and commercial areas, the current General Plan and zoning designations already permit multifamily residential and mixed-use development, and the AFFH Overlay District will facilitate residential development at densities consistent with the City’s Housing Element goals. Development under the AFFH Overlay District will incorporate design measures such as setbacks, height limits, and landscaping buffers where adjacent to lower-density neighborhoods, ensuring an appropriate scale transition.

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Consequences of Not Completing the AFFH Program
The process of working with HCD, which has responsibility at a state level to ensure local jurisdictions comply with their certified housing elements, often involves multiple rounds of communication and is not straightforward. Consequently, while staff cannot predict the exact outcomes if the City fails to fulfill the programs in its Housing Element, several potential consequences could arise and are described below. Further, if this program were removed from the Housing Element or altered significantly, HCD might consider it a substantial amendment to the City’s certified Housing Element and trigger the need for additional HCD review and approval, which will take a significant amount of staff time and resources. Through that process, the City would still be required to address the disparities identified in the AFFH analysis performed as part of the Housing Element and require the City to provide an alternative program that creates housing opportunities in higher resource areas.

Some possible risks are:

Housing Element Decertification and "Builder's Remedy"
If HCD decertifies the City’s Housing Element for non-compliance, developers would be able to bypass the City’s land use regulations, including zoning, and submit residential projects above and beyond current development standards (e.g., density, height, etc.) or in locations where residential uses are not allowed, and the City would be required to process those applications under the "builder's remedy" provision. Portola Valley, Saint Helena, and Norwalk have had their housing elements decertified by HCD. Portola Valley and Saint Helena had their housing elements decertified due to a failure to complete required zoning by state deadlines and Norwalk was in response to passing an illegal ban of homeless shelters.

Legal and Financial Risks
The City could face the loss of and access to essential local, state, and federal funding for affordable housing, transportation, and infrastructure. For jurisdictions to be eligible for this critical funding, a certified housing element is required. In 2019, HCD sued Huntington Beach for failing to comply with housing element law, putting millions in state funding for Huntington Beach at risk. For more information on HCD enforcement, please review their website, here12.

Senate Bill (SB) 1037
Signed into law on September 19, 2024, SB 1037, authorizes the Attorney General or HCD to fine jurisdictions up to $50,000 per month for not having a certified housing element. The law stipulates that these penalties apply when a local agency's actions or omissions are deemed arbitrary, capricious, entirely lacking in evidentiary support, contrary to established public policy, unlawful, or 12 https://www.hcd.ca.gov/planning-and-community-development/accountability-and-enforcement

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procedurally unfair. In cases where a jurisdiction fails to pay the imposed penalties, the court may direct the Controller to intercept available state and local funds, redirecting them to the Building Homes and Jobs Trust Fund to address the noncompliance. This law went into effect on January 1, 2025.

Recent Legal Precedents
Artesia13: In September 2025 the Attorney General's Office and the Department of Housing and Community Development reached a settlement that will bring the Los Angeles County city of Artesia into compliance with housing element law. In 2023, HCD found Artesia to be out of compliance with housing element law. In May 2023, HCD issued a letter of inquiry, inviting Artesia to explain its non-compliance. The city responded with a proposed timeline for compliance but then failed to meet its own deadline. HCD issued a Notice of Violation (NOV) in October 2024. The agreement, which is in the form of a proposed stipulated judgment and must be approved by the court, lays out deadlines for the city to revise its housing element. Under the settlement, Artesia will take several required actions to adopt a compliant housing element no later than January 2026. The housing element will plan for 1,069 new homes, including 608 that will be affordable for very low-, low-, and moderate- income Californians. Artesia will face civil penalties of at least $10,000 per month from January 1, 2025 to the compliance deadline of January 2026.

Artesia must acknowledge that the “Builder’s Remedy”— a provision in the Housing Accountability Act that requires local permitting authorities to process certain housing project development applications, regardless of zoning or general plan consistency — is in effect until the city has updated its housing element.

Elk Grove14: In September 2024, HCD filed a lawsuit against the City of Elk Grove for rejecting an affordable housing project. Attorney General Rob Bonta emphasized the state's stance on enforcement, stating, “California’s housing laws are not optional. Local governments that violate our laws to deny affordable housing opportunities to Californians will be held accountable.” This case highlights how the state may respond to non- compliance with housing element requirements. Not only is the State of California holding jurisdictions accountable, but third parties have sued and will likely continue to file suit against jurisdictions that have missed deadlines and failed to implement the programs of their housing elements.

The Contra Costa County jurisdictions of Martinez, Pleasant Hill, 13 https://oag.ca.gov/news/press-releases/attorney-general-bonta-newsom-administration-reach-agreement-city- artesia
14 https://www.gov.ca.gov/2024/09/04/governor-newsom-and-attorney-general-bonta-announce-settlement- resolving-elk-groves-unlawful-denial-of-housing-
project/#:~:text=The%20state%20filed%20the%20lawsuit%20after%20the,approved%20a%20similar%20project% 20for%20market%2Drate%20housing.

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Richmond, Pinole, and eight others within the Bay Area have all been the subject of lawsuits claiming they were not in compliance with housing element law.

Loss of Authority to Issue Permits
The City could lose its ability to issue any new building permits for construction, not just housing permits. The Los Angeles County Superior Court found the City of Beverly Hills15 lacked compliance with housing element law and prohibited Beverly Hills from issuing permits for any new residential renovations, commercial development, or any other construction projects. The ruling was the result of a lawsuit filed against Beverly Hills accusing that city of skirting state housing laws.

In summary, non-compliance with the approved Housing Element could expose the City to significant risks, including legal actions, loss of funding, fines, and reduced control over local development. The state has shown a commitment to holding jurisdictions accountable for meeting housing obligations.

Environmental Determination
Pursuant to the California Environmental Quality Act 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 City Council finds this action is statutorily exempt from CEQA pursuant to Public Resources Code 21080.085 (enacted by SB 131, 2025) as it involves rezoning actions to implement the City’s adopted and certified Housing Element. The City Council further finds that the action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal. Code Regs. Sections 15060(c)(2) or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Even if this action did 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 warranted. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council agenda was posted at City Hall and on the City’s website. A written notice was mailed to all owners and occupants of property within 500 feet of the seven subject parcels (4,228 addresses) at least 10 days prior to the public hearing. In addition, a notice of the hearing was published in the East Bay Times as required by state law and the Concord Municipal Code. The meeting notice was also emailed to 15 https://www.cp-dr.com/custom/2023-12-21%20-%20Judgment.pdf

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approximately 1,400 subscribers on the project’s interested parties list, advertised via social media, and posted on the City’s website.

Attachments

1. Resolution No. 26-XX
Exhibit A – Amendments to General Plan Land Use Element

2. Ordinance No. 26-XX
Exhibit A – CMC Chapter 18.15 (Zoning Districts and Zoning Map) Exhibit B – CMC Chapter 18.25 (Development and Land Use Approvals) Exhibit C – CMC Chapter 18.40 (Office and Commercial Districts) Exhibit D – CMC Chapter 18.410 (Zoning Clearance)
Exhibit E – CMC Chapter 18.120 (Affirmatively Furthering Fair Housing Overlay District)
Exhibit F – Zoning Map with Enlarged Areas16
Exhibit G – Legal Description of 780 Oak Grove Road

3. Vehicle Miles Traveled Analysis

4. Level of Service Traffic Analysis

5. Map of Study Area

6. Residential Feasibility Study

7. Fiscal Impact Analysis

8. Map of Rezoning Sites Under Consideration

9. Alternative Programs to the AFFH Overlay District Considered

10.Correspondence Received Prior to Publishing
16 cityofconcord.org/DocumentCenter/View/14255/Zoning-Map-with-Enlarged-Areas-combined-maps

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BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Finding the Affirmatively Furthering Fair
Housing Overlay District Statutorily Exempt from
CEQA Pursuant to Public Resources Code 21080.085,
Enacted by Senate Bill 131 (2025); and/or not a
Project/Exempt Pursuant to Public Resources Code
Section 21065 and CEQA Guidelines Sections
15060(c)(2), 15061(b)(3), and 15378; and Approving an
Amendment to the General Plan Land Use Element.

Resolution No. 26-XX
__/
WHEREAS, California Government Code Section 65350 et seq. provides for the adoption and amendment of general plans and elements of those general plans by local jurisdictions, and Government Code Section 65800 et seq. provides for the amendment of adopted City of Concord (“City”) zoning laws, ordinances, rules, and regulations; and WHEREAS, on October 2, 2007, the City adopted the 2030 Urban Area General Plan (“General Plan”); and
WHEREAS, on January 24, 2012, the City amended the 2030 Urban Area General Plan to incorporate and achieve consistency with the Concord Reuse Project Area Plan, and redesignated the 2030 Urban Area General Plan as the 2030 General Plan (“General Plan”), and has since amended the General Plan several times; and
WHEREAS, the California legislature has found and declared the availability of housing to be a statewide concern and priority; and
WHEREAS, California Government Code Section 65580 et seq. (“state housing element law”) requires that the City adopt a housing element for the eight-year period 2023–2031 to accommodate the City’s Regional Housing Needs Allocation of 5,073 housing units, including units for very low-, low-, moderate-, and above-moderate-income households; and WHEREAS, California Assembly Bill 686 of 2018 (“AB 686”) amended state housing element law to require that local jurisdictions affirmatively further fair housing by addressing disparities in access to opportunity and promoting equitable housing distribution through their Attachment 1

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Res. No. 26-XX 2
housing elements, and
WHEREAS, on August 22, 2023, the City adopted the 2023–2031 Housing Element (“Housing Element”) of the General Plan; and
WHEREAS, to meet the requirements of AB 686, the Housing Element includes Objective 8.6, which requires the City to rezone at least 20 acres in moderate- and high-resource areas to allow a residential density of at least 60 dwelling units per acre to accommodate at least 1,000 housing units; and
WHEREAS, on October 23, 2023, the California Department of Housing and Community Development certified the Housing Element, confirming that it complies with state housing element law; and
WHEREAS, to implement Objective 8.6, the City conducted extensive community engagement, feasibility analysis, and property owner outreach over approximately 18 months, and, as a result, identified approximately 40 acres across seven sites for potential inclusion in a new Affirmatively Furthering Fair Housing (“AFFH”) Overlay District; and WHEREAS, to further implement Objective 8.6, the City must amend its General Plan Land Use Element; and
WHEREAS, on November 19, 2025, the Planning Commission, after giving all public notices required by state law and the Concord Development Code (“CDC”), held a duly noticed public hearing to consider the Affirmatively Furthering Fair Housing Overlay District, including proposed amendments to the General Plan Land Use Element; and WHEREAS, at such public hearing the Planning Commission considered all oral testimony and written comments received during the public review process, the testimony and information received at the public hearing and the oral and written reports from City staff dated November 19, 2025, exhibits presented, pertinent plans and documents, ordinances, and other documents contained in the record of proceedings relating to the Affirmatively Furthering Fair Housing Overlay District, which are maintained at the offices of the City of Concord Planning Division (hereinafter referred to as “Planning Commission Project Information”); and WHEREAS, on November 19, 2025, the Planning Commission, after consideration of

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Res. No. 26-XX 3
the pertinent plans, documents and testimony, adopted Resolution No. 25-15 PC recommending that the City Council approve a General Plan amendment to the Land Use Element; finds the Affirmatively Furthering Fair Housing Overlay District is exempt from CEQA pursuant to Public Resources Code 21080.085 (enacted by SB 131, 2025) as it involves rezoning actions to implement the City’s adopted and certified Housing Element; and WHEREAS, pursuant to CDC Section 18.455.050(B) and Government Code Section 65857, after consideration of the Affirmatively Furthering Fair Housing Overlay District at its November 19, 2025 meeting, the Planning Commission forwarded its recommendation to the City Council.

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

Section 1. The recitals above are true and correct and incorporated herein by reference.

The recitals constitute findings in this matter, and together with the Planning Commission Project Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Resolution.

Section 2. CEQA

1. Pursuant to the California Environmental Quality Act 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 City Council finds this action is statutorily exempt from CEQA pursuant to Public Resources Code 21080.085 (enacted by SB 131, 2025) as it involves rezoning actions to implement the City’s adopted and certified Housing Element. The City Council further finds that the action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal. Code Regs.

Sections 15060(c)(2) or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Even if this action did 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

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Res. No. 26-XX 4
question may have a significant effect on the environment….”

2. Accordingly, no further environmental review is warranted. This determination reflects the City Council’s independent judgment and analysis.

Section 3. The City Council has reviewed, considered, and evaluated all of the Planning Commission Project Information and all other pertinent plans, documents and testimony.

Section 4. Findings

1. The proposed amendment[s are] consistent with the general plan [including internal consistency with all other provisions of the general plan].

All of the proposed amendments are necessary to implement Objective 8.6 of the 2023- 2031 Housing Element of the City’s General Plan and are not inconsistent with any other provisions of the General Plan. The proposed Zoning Map amendment would include the sites in the AFFH Overlay District while retaining the underlying zoning of the sites. The AFFH Overlay District is consistent with the site’s General Plan Neighborhood Commercial designation, which is intended to support a mix of residential, commercial, and office development as well as Medium Density Residential which is intended for a variety of housing types including townhomes and other forms of multifamily housing. Furthermore, Objective 8.6 requires the City to rezone approximately 20 acres of land at 60 dwelling units per acre to create capacity for up to 1,000 housing units. For these reasons, the proposed Zoning Map amendment is in conformance with the General Plan.

2. The proposed amendment[s] would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

As stated in Finding 1, the proposed amendments implement Objective 8.6 of the 2023- 2031 Housing Element and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. On the contrary, they serve the public interest by ensuring compliance with state law and encouraging a wider variety of housing types to meet the needs of all economic segments of the community. If the City exercises discretion over a development project facilitated by the proposed Zoning Map amendment, the project will be evaluated against applicable policies to ensure it does not adversely affect public health, safety, or welfare.

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Res. No. 26-XX 5

3. 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 sites are physically suitable for inclusion in the AFFH Overlay District. They are served by existing utilities and have adequate access. There are no physical constraints that preclude the sites from inclusion in the AFFH Overlay District. The parcels proposed for inclusion in the AFFH Overlay District are compatible with surrounding land uses given that they are adjacent to residential, mixed-use, and commercial areas, the current General Plan and zoning designations already permit multifamily residential and mixed-use development, and the AFFH Overlay District will facilitate residential development at densities consistent with the City’s Housing Element goals. Development under the AFFH Overlay District will incorporate design measures such as setbacks, height limits, and landscaping buffers where adjacent to lower-density neighborhoods, ensuring an appropriate scale transition.

Section 5. The City Council does hereby approve that amendment to the General Plan Land Use Element attached as Exhibit A.

Section 6. This resolution shall become effective immediately upon its passage and adoption.
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Res. No. 26-XX 6
PASSED AND ADOPTED by the City Council of the City of Concord on January 27, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

I HEREBY CERTIFY that the foregoing Resolution No. 26-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord January 27, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachments: Exhibit A – Land Use Element

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This element of the General Plan constitutes the framework for land use planning in Concord to the year 2030. To provide context, the evolution of the City is described, and existing land use in the City is summarized. The guiding principles of the land use framework, the General Plan Map, the land use designation system, and the buildout of this Plan to the year 2030 are then presented. The goals, principles, and policies are intended to set the land use framework into motion and shape development for the life of this General Plan.

3.1 BACKGROUND AND CONTEXT:EXISTING

LAND USE PATTERN
Historical Land Use Development
Much of Concord’s land use pattern can be traced to its evolution as a primary job center within the valley, with the focus on Downtown and subsequently on the radiating transportation corridors. Most of the residential development in the City is low density single-family housing, and much of the commercial development is retail-related.

Office, business park, and light industrial uses are located adjacent to transportation infrastructure. Schools and parks are distributed throughout the residential neighborhoods in the City. This existing land use pattern is displayed in Figure 3-1.

Land Use Characteristics
As shown in Table 3-1, single-family residential is the most significant land use within the City limits. Occupying roughly 6,270 acres, it comprises 32 percent of the land within Concord.

Commercial and mixed use development is clustered in Concord’s Downtown and along the major transportation routes that radiate outward from the Downtown, notably Clayton Road, Monument Boulevard, Willow Pass Road, and areas around the intersection of State Route (SR) 242 and Interstate (I) 680. Industrial uses are primarily situated north of SR 4, and to a lesser extent, south of Monument Boulevard.
3-1

LAND USE
Exhibit A to Attachment 1

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Concord 2030 General Plan

Land Use
Incorporated
Unincorporated
(within SOI)
Unincorporated
(outside SOI) Total

Acres

Percent

Acres

Percent

Acres

Percent

Acres

Percent
Single Family Residential 6,270 32.1% 320 3.2% -- -- 6,590 19.9% Multi-Family Residential 680 3.5% -- -- -- -- 680 2.0%
Visitor Accommodations 20 0.1% -- -- -- -- 20 0.1%
Commercial Retail 400 2.0% -- -- -- -- 400 1.2%
Auto-Oriented Commercial 90 0.5% -- -- -- -- 90 0.3%
Other Commercial 50 0.3% -- -- -- -- 50 0.2%
Shopping Centers 90 0.5% -- -- -- -- 90 0.3%
Mixed Use 20 0.1% -- -- -- -- 20 0.1%
Office 320 1.6% -- -- -- -- 320 1.0%
Military 145 0.7% 2,500 25.0% -- -- 2.645 8.0%
Public/ Semi-Public 1,260 6.4% 590 5.9% -- -- 1,850 5.6% Industrial Parks 220 1.1% 80 0.8% 20 0.5% 320 1.0%
General Industrial 340 1.7% 2,160 21.6% -- -- 2,500 7.5% Parks, Recreation, and Open
Space 1,421 7.3% 950 9.5% 3,613 99.4% 5,984 18.0%
Military – Open Space 2,707 13.8% -- -- -- -- 2,707 8.2% Transportation 108 0.6% 320 3.2% -- -- 428 1.3%
Vacant 170 0.9% 110 1.1% -- -- 280 0.8%
Military – Future Development
Area 2,233 11.4% -- -- -- -- 2,233 6.7%
Designated Land Uses
Subtotal 16,544 84.6% 7,030 70.3% 3,633 100.0% 27,207 82.0% Right-of-way, Washes, and
Canals 3,006 15.4% 470 4.7% -- -- 3,476 10.5%
Suisun Bay -- -- 2,510 25.1% -- -- 2,510 7.6%
Undesignated Land Uses
Subtotal 3,006 15.4% 2,980 29.8% -- -- 5,986 18.0%
Total Land Use 19,550 100.0% 10,010 100.0% 3,633 100.0% 33,193 100.0% Note: Land Use Acreage Totals are based on mapping estimates and do not necessarily equate to exact ownership acreage.

Source: City of Concord, Contra Costa County Assessor, Dyett and Bhatia, 2006. Arup, 2011 CRP=Concord Reuse Project

3-2
Table 3-1: Existing Land Use Acres

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! ! ! ! ! ! ! ! ! ! ! ! ! ! !

CONCORD NAVAL

WEAPONS STATION
(TIDAL)
Figure 3-1
Existing Land Use

Port Chicago Hwy Single-Family Residential/Mobile Home Park Multi-Family Residential - Low Density
Multi-Family Residential - Medium Density
Multi-Family Residential - High Density
Visitor Accomodations

MALLARD

RESERVOIR

ÿ|4

PITTSBURG
Commercial Retail
Commercial Parking Facilities
Auto-Oriented Commercial
Commercial Recreation

MARTINEZ

"$!#680

Buchanan
Field
Airport

ÿ|242
Shopping Centers
Mixed Use
Office
Military
●

Concord Blvd
P

P
Public and Semi-Public
Industrial Parks
General Industrial
! !
Parks, Recreation, and Open Space

Transportation

P Vacant
Vacant - CRP-Area Plan

PLEASANT HILL

! !

CLAYTON

! ! ! ! ! ! !
City Limits

Sphere of Influence
Planning Area Boundary

Sources:

City of Concord, Contra Costa County Assessor, Dyett & Bhatia, Arup, 2011.

WALNUT CREEK

P
●
! ! !
! ! ! ! ! ! ! ! ! !
●
! ! ! ! !
! ! ! ! ! ! ! ! !
! ! ! ! ! ! ! ! ! ! ! ! !
! !
! ! ! !
v

●
! ! !
! ! ! !

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0 0.5 1 2
Miles

Page 32 of 397 ends
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Concord 2030 General Plan
3-4

Blank back of 11 x 17 figure

Page 34 of 397 ends

Land Use
3-5

When considering the entire Planning Area—not just within the incorporated City limits—parks and open space uses account for the most land area. Although Concord has a sizeable inventory of community and neighborhood parks and recreation opportunities, as discussed in Chapter 6, the vast majority of the acreage in this category comes from open space areas in Los Medanos Hills and the Mount Diablo foothills, located in the eastern and southern portions of the Planning Area (see Figure 3-1).

The former Concord Naval Weapons Station (CNWS) takes up another significant portion of the Planning Area. Historically, the CNWS was treated as two major subareas—a “Tidal Area” along Suisun Bay and an “Inland Area” which is predominantly south of Highway 4. Together these areas comprise 7,500 acres and account for 26 percent of the Planning Area. The “Tidal Area” is indicated in Table 3-1 (and on Figure 3-1) as being in “Military” use. It includes a deepwater port used by the Army for weapons shipment, as well as undeveloped land and wetlands. The “Inland Area” is now known as the Concord Reuse Project (CRP) Area. It is transitioning from military to civilian use and is planned for a combination of development and open space. The Reuse Project Area comprises about 5,000 acres, more than half of which will become parkland under the CRP Area Plan.

Other land uses shown in Figure 3-1 include Vacant and Public/Quasi Public. These sites are dispersed throughout the City, and are not clustered within any specific area. Within the existing urbanized area of Concord, one percent of the land is Vacant and eight percent is used for Public/Quasi-Public use.

3.2 GENERAL PLAN LAND USE MAP
The land use framework of the General Plan is illustrated in the General Plan Map (Figures 3-2 and 3-3), which is a graphic representation of the themes and policies in the Plan. It designates the proposed general location, distribution, and extent of land uses through buildout. As required by State law, land use designations— shown as color/graphic patterns, letter designations, or labels on the Map—specify a range for housing density and building intensity for each type of designated land use. These density/intensity standards allow circulation and public facility needs to be determined.

The Map is to be used and interpreted only in conjunction with the text and other figures contained in the General Plan. The legend of the General Plan Map includes the land use designations described below, which represent an adopted component of the Plan. The Map

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Concord 2030 General Plan
3-6

is not parcel-specific, and uses on sites less than one acre in size may not be depicted.

The Plan’s land use designations are presented in two maps. The first map covers the entire Planning Area, while the second map is an “inset” map covering the Concord Reuse Project area only. The inset map is used because a unique set of land use designations applies to the Reuse Project Area as a way to achieve specific sustainability and placemaking objectives. The Reuse Project Area is also displayed on the citywide map, but with more generalized categories.

Density/ Intensity Standards
The General Plan establishes density/intensity standards for each use designation. Residential density is expressed as housing units per net acre (excluding existing and proposed public streets and other rights- of-way and land undevelopable because of hazards or physical or environmental constraints). Maximum permitted ratio of gross floor area to site area, called Floor Area Ratio (FAR), is specified for non- residential uses. FAR is a broad measure of building bulk that controls both visual prominence and traffic generation. It can be clearly translated to a limit on building bulk in the Development Code and is independent of the type of use occupying the building.

Density (housing units per net acre) and intensity (FAR) standards are for net developable land (that is, excluding proposed streets and other rights-of-way and areas subject to physical or environmental constraints, which include ridgelines and steep hillside slopes, creek corridors and floodways, and areas to be dedicated for greenways or habitat protection). The density/intensity standards do not imply that development projects will be approved at the maximum density or intensity specified for each use. Development Code regulations consistent with General Plan policies and/or site conditions may reduce development potential within the stated ranges.

A separate set of land use policies and development standards applies on the Concord Reuse Project site. These are described in detail in the CRP Area Plan. Like the standards used elsewhere in the City, density and FAR are used to specify the allowable intensity of future development. However, a mix of land use and densities are encouraged in most of the categories. The intent is to create neighborhoods and business districts that contain a mix of residential, commercial, public, and open space uses, and a high level of walkability. An area wide cap on the total allowable number of housing units and square feet of commercial space applies within this area.

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Figure 3-2
Concord 2030 General Plan
Land Use Diagram

%&p(

PITTSBURG
Rural Residential (RR)
Low Density Residential (LDR)
Medium Denstiy Residential (MDR)
High Density Residential (HDR)
North Todos Santos (NTS)
Community Office (CO)
Commercial Mixed Use (CMU)
Neighborhood Commerical (NC)
Regional Commerical (RC)
Service Commerical (SC)
Downtown Pedestrian (DTPD)

MARTINEZ
A¿
Downtown Mixed Use (DTMU)
West Concord Mixed Use (WCMU)
Business Park (BP)
Industrial Mixed Use (IMU)
Heavy Industrial (HI)
CRP neighborhood and village districts (See Figure 3-3 for detail) CRP non-residential development districts (See Figure 3-3 for details)

PLEASANT HILL
Concord Blvd CRP TOD districts (See Figure 3-3 for detail) CRP open space (See Figure 3-3 for detail)
Military (MIL)
Public/Quasi-Public (PQP)
HMC Hospital/Medical Center (PQPHMC)
Open Space (OS)
Parks and Recreation (P)
Rural Conservation (RCON)
Wetlands/Resource Conservation (WRC)
Unclassified (U)

CLAYTON City Limits
Sphere of Influence
Proposed Urban Limit Line (ULL)
Planning Area Boundary

%&p(

WALNUT CREEK
´
0 0.5

1 2
Miles
n Crysty
Sixth St
×?
See Figure 3-3 for detail
×?

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Concord 2030 General Plan
3-8

Sources: City of Concord, Dyett & Bhatia, Arup, 2011.

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Concord 2030 General Plan
3-8

Blank back of 11 x 17 figure

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Area Plan Dia gCralymde

Diablo Creek
Golf Course

ÆÄ

Tournament facility
and adjacent park
Bay Point Pittsburg
ÄÆ
E Leland Rd

ÆÄ

Downtown
Concord Concord Blvd

Concord

Legend
Transit Oriented Districts

North Concord TOD Core
North Concord TOD
Neighborhood
Neighborhoods

Central Neighborhood
Village Center
Village Neighborhood

Civic and Institutional

Campus
First Responder Training
Center

Commercial

Commercial Flex

Conservation, Open Space and
Recreation Lands

Conservation Open Space
Greenways, Citywide Parks,
and Tournament Facilities
Not shown: Potential bike and
pedestrian facilities in the
Regional Park.

Primary Circulation Network

Through Streets
Collector Streets
N 0 1,250 2,500 5,000 Feet

Planning Area Boundary
City of Concord Boundary
Seasonal Wetlands
(delineated as of 2010)
2010 Concord parks

 Figure 3-3: Area Plan Diagram
Housing

Offices
Regional Auto
Access
Transit, Bicycling +
Walking Priority
Conservation and
Species Protection
Parks and Recreation
Shopping
Schools +
Public Facilities
Research +
Development
Activities Included

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Concord 2030 General Plan
3-10

Acres Percent of Total
Rural Residential 726 2.2%
Low Density Residential 5,401 16.3%
Medium Density Residential 927 2.8%
High Density Residential 109 0.3%
North Todos Santos 36 0.1%
CRP Neighborhood and Village Districts1 987 3.0%
Residential Subtotal 8,186 24.7%
Neighborhood Commercial 147 0.4%
Community Office 45 0.1%
Commercial Mixed Use 130 0.4%
West Concord Mixed Use 299 0.9%
Downtown Pedestrian District 21 0.1%
Downtown Mixed Use 223 0.7%
CRP- Transit Oriented Development Districts 145 0.4%
Service Commercial 97 0.3%
Regional Commercial 218 0.7%
CRP Non-Residential Development Districts 408 1.2%
Mixed Use and Commercial Land Subtotal 1,733 5.2%
Business Park 785 2.4%
Industrial Mixed Use 46 0.1%
Heavy Industrial 860 2.6%
Business Park and Industrial Land Subtotal 1,691 5.1%
Public/Quasi-Public (including Hospital/ Medical) 1,781 5.4% Military 1,477 4.4%
Wetlands/Resource Conservation 3,319 10.0%
Active Parks 562 1.7%
Open Space 5,349 16.1%
Rural Conservation 3,513 10.6%
Community Land Subtotal 16,001 48.2%
Suisun Bay 2,382 7.2%
Water, rights-of-way, or undesignated areas 3,200 9.6%
Other Subtotal 5,582 16.8%
Total 33,193 100.0%
Source: City of Concord, 2012.

1 Includes a small amount of commercial, public, and open space use within Village Centers (see Fig 3-3) Table 3-2: General Plan Land Use Acreage at Plan Buildout

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Land Use
3-11

Land Use Designations
The following descriptions apply to land uses indicated on the General Plan Land Use Map. Land use designations are organized into the following categories: Residential, Commercial and Mixed Use, Business Park/Industrial, and Community Land. Acreage by land use designation is summarized in Table 3-2. The land use designations are as follows:

Residential
Rural Residential (RR)
This designation is intended for very low density residential development, at densities less than 2.5 units per net acre. Clustered development is preferred to maximize open space.

Low Density Residential (LDR)
This designation is intended for residential development at densities from 2.5 to 10 units per net acre. This density range is typical of a single-family residential neighborhood, such as Sun Terrace or Turtle Creek.

Medium Density Residential (MDR)
This designation is intended for residential development at densities ranging from a minimum of 11 units per net acre to a maximum of 32 units per net acre with an exception for parcels designated for Affirmatively Furthering Fair Housing (AFFH). These AFFH parcels allow densities ranging from a minimum of 20 units per net acre to a maximum of 60 units per net acre. This density range accommodates a variety of housing types, from small-lot single-family homes to townhomes and other forms of multi-family development. It is applied along major streets and transit corridors, including Monument Boulevard, Willow Pass Road, and Clayton Road.

High Density Residential (HDR)
This designation is intended for residential development at densities ranging from a minimum of 33 units per net acre to a maximum of 100 units per net acre. This density range would accommodate attached homes, two- to four-plexes, and apartment buildings. This designation is intended for areas in and adjacent to central Concord and near BART stations, where higher densities may be appropriate.

Residential design standards will ensure land use compatibility.

North Todos Santos (NTS)
The designation is applied to the North Todos Santos neighborhood, an area characterized by pre-World War II development, including historic buildings. The designation allows a mix of offices, single- family homes, and multifamily residences. Residential densities range from 2.5 to 32 units per net acre and the maximum FAR is

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Concord 2030 General Plan
3-12

0.5. Because of the area’s historic fabric, it is especially important

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Land Use
3-13

that new uses are compatible with prevailing neighborhood character and maintain and enhance the neighborhood environment.

CRP Neighborhood and Village Districts (CRP-NV)
This designation applies within the Concord Reuse Project (CRP) Area only. It is primarily intended for residential development at densities ranging from 6 to 50 units per net acre. Residential areas are focused around village centers containing a mix of residential, commercial, public, and open space uses. The text box below provides additional detail on allowable uses and intensities within these areas.

Commercial and Mixed Use
Neighborhood Commercial (NC)
This designation is intended for neighborhood commercial centers that provide convenience and comparison goods and services to the local community. The maximum FAR is 0.35. Residential uses are allowed above the ground level at densities from a minimum of 11 units per net acre to a maximum of 24 units per net acre with an exception for parcels designated for Affirmatively Furthering Fair Housing (AFFH) . These AFFH parcels allow residential uses at ground level and densities ranging from a minimum of 20 units per net acre to a maximum of 60 units per net acre. Examples include neighborhood shopping centers, supermarkets, dry cleaners, video stores, and small restaurants. This designation is distributed throughout the City in order to locate commercial services within close proximity to all of Concord’s residents.

Commercial Mixed Use (CMU)
This designation allows for a mix of commercial uses, offices, multi- family uses, and mixed use development. The maximum FAR is 1.0.

Densities range from a minimum of 11 units per net acre to a maximum of 40 units per net acre. The designation is intended for use along commercial corridors such as Clayton Road, Monument Boulevard, and Willow Pass Road.

West Concord Mixed Use (WCMU)
This designation is intended for use in the area generally located between the I-680 and Highway 242 freeways, south of Concord Avenue. It allows for a mix of office and commercial development, including such uses as new auto dealers, hotels, restaurants, and showroom/warehouses. Public/ quasi-public uses also are allowed.

Residential development is not allowed in this mixed-use category, as it is intended to create a campus-like office environment. The maximum FAR is 4.0.

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Concord 2030 General Plan
3-14

Downtown Pedestrian District (DTPD)
This designation is intended for low- to high-rise commercial and residential development around Todos Santos Plaza, with restrictions in height around the Plaza to preserve sunlight access. Residential densities range from a minimum of 33 units per acre to a maximum of 100 units per net acre. FARs range from a minimum of 1.0 to a maximum of 4.0. The designation is intended to maintain the pedestrian-oriented environment in this portion of Central Concord, with a focus on ground-level commercial uses and development that encourages walkability. Pedestrian-oriented design standards and use limitations apply.

Downtown Mixed Use (DTMU)
This designation is intended for a high density and intensity mix of residential, commercial and office development in Central Concord.

It allows for a mix of uses that balances jobs and housing opportunities, including offices, commercial development, hotels, public/quasi public, and residential uses. Residential densities range from a minimum of 33 units per acre to a maximum of 100 units per net acre. The FAR ranges from a minimum of 1.0 to a maximum of

6.0. Concord Reuse Project Transit Oriented Development Districts (CRP-TOD)
This designation applies to those parts of the Concord Reuse Project (CRP) planned for high density residential and commercial development in a transit-oriented setting. The CRP-TOD area is envisioned as a major employment center, shopping district, and urban residential area. CRP-TOD areas also may include civic facilities, active parks, plazas, and other public spaces. More detail on this category is provided in the text box above and in the CRP Area Plan.

Community Office (CO)
This designation is intended for small-scale office uses that serve the community, as well as other uses that are compatible with local- serving offices. These uses are typically low-rise development of not more than three stories. The maximum FAR is 1.0.

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Land Use
3-15

Concord Reuse Project Area Development Districts
Future land uses in the Concord Reuse Project (CRP) Area are depicted on Figure 3-3. Ten “districts” are shown on the map, including eight “development districts” and two “open space districts”. The development districts have been grouped into three categories on Figure 3-2, the General Plan Land Use Map, as described below.

Full descriptions of the categories on Figure 3-3 may be found in the CRP Area Plan, 2 Figure 3-2
Category
Figure 3-3 District
CRP Neighborhood and Village
Districts
Village Neighborhoods. These areas will have a mix of detached and attached housing. Densities generally range from 6 to 45 units per net acre, although most of these areas will be developed at the lower end of this range (6 to 24 units per acre). Densities will be lowest near the established neighborhoods on the southern edge of the site.

Village Center. At the heart of each Village Neighborhood is a mixed use center containing retail/ service uses, multi-unit housing, civic facilities such as schools, and a public space such as a park or plaza. Additional uses that would contribute to the function of these areas as gathering places for the surrounding neighborhood could be considered. FARs range from 0.5 to 2.0 and net residential densities range from 18 to 50 units per net acre.

Central Neighborhoods. This is a mixed use residential district with a variety of housing types.

The character is predominantly residential, although some of the multi-unit buildings could have ground floor retail and service uses. Community services and open spaces, including neighborhood parks, also will be located in these areas. FARs range from 0.5 to 2.0 and net residential densities range from 14 to 50 units per net acre.

CRP TOD Districts
North Concord TOD Core. This district is envisioned as a high-intensity mixed use employment center adjacent to BART. It will include offices, retail, services, and open space. Multi-unit housing, dining and entertainment, community and cultural/ civic facilities, and hotels are also appropriate here. FARs range from 2.0 to 4.0 and net residential densities range from 60 to150 units per net acre.

North Concord TOD Neighborhoods. This is a mostly residential mixed use district within easy walking distance of BART. It will include multi-unit housing, retail stores and services, community facilities, and open space. Other uses, such as dining and entertainment, live-work units, and offices may be appropriate. FARs range from 1.0 to 3.0 and net residential densities range from 18 to 100 units per net acre.

CRP Non-residential
Development Districts
Commercial Flex. The Commercial Flex area is planned to accommodate light industrial, research and development, retail, hospitality, and office uses. The specific mix of uses in the Commercial-Flex district will be determined through future market and design studies. Activities which take advantage of this area’s proximity to Willow Pass Road and Highway 4 are encouraged. FARs in the Commercial-Flex area may range from 0.2 to 1.0.

Campus. The Campus district will provide a master planned campus environment for a major educational, health care, research and development, or comparable use. One prototype use for this site would be a university with up to 10,000 students and 1,700 employees.

First Responder Training Facility. This site will include training grounds and other facilities required to serve regional first responders, including the Contra Costa County Sheriff and Fire Departments.

2 To ensure the efficient use of land, the districts are subject to minimum density standards as well as maximum density standards. They are also subject to “convenience standards” which indicate the minimum distance from future parcels in each area to transit stops, bike lanes, open space, and other facilities. The CRP Area Plan should be should be consulted for further detail and the additional provisions which apply in each district.

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Regional Commercial (RC)
This designation is intended for large-scale commercial development (greater than 80,000 square feet) that serves both local residents and residents from the surrounding region. A broad range of retail uses and personal services are envisioned, including regional shopping centers, big box retail, home improvement sales and service, and warehouse membership clubs, as well as new auto sales and services, and travel-related services such as hotels, gas stations, and restaurants. The maximum FAR is 0.5.

Service Commercial (SC)
This designation is intended to provide sites for commercial businesses that are not appropriate in other areas because of high volumes of vehicle traffic and potential adverse impacts on other uses. This designation allows small scale commercial uses that provide goods and services to employees, residents and visitors. It includes automotive sales and services, building materials, warehousing, distribution and personal storage located on major arterial streets, as well as retail uses, services, and small offices. The maximum FAR is 0.8.

Concord Reuse Project Non-Residential Development
District (CRP-NR)
The CRP-NR designation is mapped on the Concord Reuse Project (CRP) site only. It includes three contiguous areas, as shown on Figure 3-3. These include: (a) a Commercial-Flex district south of Highway 4; (b) a Campus district on the west side of Willow Pass Road south of Mt. Diablo Creek; and (c) a First Responder Training Facility north of Highway 4. Additional information on this category is provided in the text box above.

Business Park/ Industrial
Business Park (BP)
This designation is intended for campus-like office complexes as well as industrial parks, including single and multi-story office, flex- space, and industrial buildings for single and multiple users, light industrial and warehouse uses, and research and development activities. Other uses may include mini-storage, wholesale, bulk retail, and business with limited customer access, commercial recreation, and other uses that require large, warehouse-style buildings. Small-scale retail and service uses serving employees and visitors may be permitted as secondary and accessory uses. This designation may also allow small restaurants, support services, and convenience retail activities at appropriate locations, subject to

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standards to minimize impacts on industrial users. Where permitted, storage uses in areas with this designation must be screened by vegetation and other means to maintain community aesthetics. The maximum FAR is 0.8.

Industrial Mixed Use (IMU)
This land use designation is intended for a mix of light industrial, secondary office, service uses (excluding auto-oriented retail services) and live/work facilities. Typical uses include warehouse, research and development, wholesale, bulk retail, office space with limited customer access, and artists’ studios. Small-scale retail and service uses serving employees, residents, and visitors may be permitted as secondary uses. This designation would allow for live/work facilities where appropriate, such as the North Hillcrest area and the southern portion of the Detroit Avenue/Shary Circle area. The maximum FAR is 1.0.

Heavy Industrial (HI)
This designation allows primary manufacturing, refining, and similar heavy industrial activities. It also accommodates warehousing, distribution and port-related uses, with support commercial services and ancillary office space. No retail uses are allowed. This designation is applied primarily to facilities north of SR 4. The maximum FAR is 0.6.

Community Land
Public/Quasi-Public (PQP)
This designation is applied to property owned by governmental entities and to semi-public facilities. It includes Buchanan Field Airport, hospitals, schools, government offices, corporation yards, and public facilities such as recycling centers, sewage treatment facilities, and fire stations. Smaller governmental offices, places of religious assembly not occupying extensive land areas, and similar smaller public facilities are not shown on the General Plan Land Use Map. New public/quasi public facilities may be appropriate in any land use designation based on need, subject to environmental review.

The maximum FAR is 1.5.

Hospital/Medical Center (H/MC)
The H/MC-designator on the Land Use Map denotes hospital, medical center and related medical uses including ‘specialty hospitals’. This designation is intended for full service hospitals and medical facilities that provide in-patient services for cardiac, orthopedic, and cancer related diseases, and/or similar illnesses and disorders.

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Military (MIL)
This designation applies to the Tidal portion of the former Concord Naval Weapons Station, the Military Ocean Terminal Center, and the Coast Guard housing area adjacent to the CRP site. The Tidal Area contains port and industrial buildings, and additional land for support uses and facilities, which will continue to be used by the Army for an undetermined period of time.

Open Space (OS)
This designation is intended for large areas that are necessary for natural resource protection, the managed production of natural resources, the provision of natural resources, outdoor recreation (including trails), scenic value, and the assurance of public health and safety. This designation includes private recreation facilities and larger privately-owned areas dedicated as permanent open space within residential subdivisions.

Concord Reuse Project Open Space (CRP-OS)
This designation includes the portions of the Concord Reuse Project identified for long-term preservation as open space. It is comprised of two “districts” (see Figure 3-3). The Conservation Open Space District includes environmentally sensitive lands and other natural areas in the Los Medanos Hills and along Mount Diablo Creek. Most of this area is planned to become part of a new regional park. The Greenways and Citywide Parks District includes a “frame” of open space and linear parks around future neighborhoods, as well as large areas planned for active recreation.

Active Parks (P)
This designation is intended for improved public park facilities. It includes neighborhood and community parks; public golf courses; and recreational facilities that provide visual open space and serve the outdoor recreational needs of the community. Active parks are also permitted in the other designations on the General Plan Map, and a General Plan Map Amendment is not required if a new park is created.

Wetlands/Resource Conservation (WRC)
This designation applies to wetlands and resource conservation lands.

It is intended to protect the wildlife, hydrological, and biological resources in these areas. It allows only very low intensity open space uses that are compatible with and do not disturb the resources to be protected.

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Rural Conservation (RCON)
This designation provides for protection of rural hillside areas. Single family residential development of up to 1 unit per 20 developable net acres would be allowed, with clustering encouraged to minimize impacts on views of the area.

Other
Unclassified (U)
This designation is intended for canals and rights-of-way and reflects no prescribed land use designation.

Summary of Density and Intensity
The density and intensity (FAR) standards used in the General Plan are shown in Table 3-3. The table is based on net density (based on net acreage), rather than gross density (based on gross acreage). A gross acre is a measure of total land area of any lot including future streets, parks, and other land dedications. In comparison, a net acre excludes land to be dedicated for required easements for vehicles and right-of-ways, land determined to be hazardous and/or unbuildable, or land to be dedicated for schools and parks or other facilities dedicated for public use. Formulas based on net density or net acreage exclude such areas from the calculation.

In a few instances, the net density in existing neighborhoods is higher than the range shown on the General Plan Map. In other words, the lot sizes are smaller than those typically found in the corresponding General Plan Map category. This may be due to the dedication of areas as private open space within larger subdivisions, with housing clustered on the flatter portions of a site. This was historically encouraged as a way to preserve hillsides and creeks, and create neighborhood parks and greenbelts. Future development will be required to adhere to the density standards established in the General Plan. Creative approaches to site planning and open space dedication will continue to be encouraged to protect natural features.

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Table 3-3: Standards for Density and Develop

Land Use Category
ment Intensity
Residential Density
Range (Housing
Units/Net Acre)*

Maximum Non-
Residential Floor Area
Ratio (FAR)
Rural Residential/Conservation <2.5 n/a
Low Density Residential 2.5 – 10 n/a
Medium Density Residential1,3 11 – 32 n/a
High Density Residential1 33 – 100 n/a
North Todos Santos 2.5 – 32 0.5
CRP Neighborhood and Village Districts2 6-50 2.0*
Neighborhood Commercial1,3 11 to 24 0.35
Commercial Mixed Use1 11 to 40 1.0
Industrial Mixed Use n/a 1.0
West Concord Mixed Use n/a 4.0
Downtown Pedestrian District1 33 to 100 1.0-4.0
CRP Transit Oriented Development Districts2 Up to 150* 4.0 Downtown Mixed Use1 33 to 100 1.0-6.0
Service Commercial n/a 0.8
Regional Commercial n/a 0.5
CRP Non-Residential Development Districts2 n/a 1.0*
Community Office n/a 1.0
Business Park n/a 0.8
Heavy Industrial n/a 0.6
Public/Quasi Public n/a 1.5
Notes: (1) These areas are subject to minimum residential density requirements as well as maximum density requirements. and (2) These designations include multiple subdistricts, each with unique density and/or intensity ranges. Minimum densities and FARs also apply. See CRP Area Plan for more detail. (3) Parcels designated for Affirmatively Furthering Fair Housing have a density ranging from 20 to 60 units per net acre.

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Urban Limit Line
An Urban Limit Line (ULL) is established as shown on the General Plan Land Use Map (see Figure 3-2). The ULL is a line beyond which urban development will not be allowed, except for public parks and recreational facilities. Only uses consistent with the General Plan “Wetlands/Resource Conservation,” “Rural Conservation,” and “Open Space” land use designations and public uses not otherwise provided for within the City are allowed beyond the ULL. Specific policies for administering the ULL are in the Growth Management Element.

Concord’s ULL reflects a commitment to focus future growth within the City in order to prevent urban sprawl into hillsides and environmentally sensitive areas surrounding the City. The ULL protects the health, safety, welfare, and quality of life of the residents of Concord by concentrating future residential, commercial, and industrial growth in areas already served by urban services or areas where such services are to be provided consistent with this General Plan. The policies in the Growth Management Element implementing the ULL allow sufficient flexibility within its limits to respond to the City’s changing needs over time. The ULL complements General Plan policies promoting additional housing opportunities, emphasizing infill and mixed development, and supporting a thriving downtown.

As noted in Chapter 1, the General Plan covers land outside the Concord City Limits as well as land within the City limits. This land area encompasses both sides of the Urban Limit Line, and includes developed areas as well as open space. Although the City does not have zoning jurisdiction over land outside the City limits, it has assigned General Plan Map designations to express the City’s position on appropriate future land uses in these areas. In the event these areas are annexed in the future, the City’s General Plan Map designation would be used to determine future zoning.

Special Overlays
Buchanan Field Airport
State law provides for a special planning process to assure consideration of airport interests in the formulation of local community plans. Pursuant to State law, the Contra Costa County Airport Land Use Commission (ALUC) has been established as an independent body to advise local jurisdictions, such as the City of Concord, on appropriate land use policy for the area near Buchanan Field Airport to assure development compatibility with planned airport operations. To aid in this task, the ALUC has adopted the Contra Costa County Airport Land Use Compatibility Plan, which

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covers the area near the airport. The Plan identifies areas near the airport where structural height limits, and public safety and noise compatibility restrictions are applicable. These restrictions have been incorporated into the General Plan Land Use Map to ensure continued compatibility between the City’s land uses and future airport operations.

Transit Station Overlay
The Development Code will include a transit station overlay district for the Downtown and North Concord BART stations. Incentives for additional density and intensity will be provided within this area to encourage transit-oriented development.

General Plan Land Use by Planning Subareas
Concord is divided into eleven planning subareas, as shown in Figure 3-4. The City’s subareas are defined geographically, following major transportation routes, natural topographic features, or city/neighborhood boundaries. Although all subareas include a variety of land uses, each is generally dominated by one land use type that defines its identity. A description of these subareas follows.

1. Central Concord
The Central Concord subarea lies along both sides of Willow Pass Road from the westerly City limits to the Civic Center near Parkside Drive. The subarea includes West Concord, Stanwell Business Park, Concord Industrial Park (south of Willow Pass Road), Central Downtown (between SR 242 and Port Chicago Highway), Sun Valley Mall and the Willows Shopping Center, and frontages along Willow Pass Road between Downtown and the Civic Center.

2. Four Corners/Ygnacio Valley
The Four Corners/Ygnacio Valley subarea is a diverse residential area located north and south of the Monument Boulevard business corridor. The subarea includes the following neighborhoods: Ellis Lake, Meadow Homes, Cambridge, San Miguel, Treehaven, Colony Park, and north Ygnacio Valley including the Oak Grove/Treat area.

The subarea is bounded by the Concord City limits on the west, Clayton Road near Downtown on the north, and the Contra Costa Canal and its regional trail on the east and the south.

3. Clayton Valley
The Clayton Valley subarea is the most extensive developed subarea in the City. The subarea encompasses the Clayton Road corridor and the residential areas lying to the north and south of the commercial corridor. The neighborhoods in Clayton Valley include:

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Crawford Village, El Monte, Canterbury, Turtle Creek,
Crossings/Walnut Country, Clayton Valley Highlands, Farm Bureau/Walnut Lands, Dana Estates/Landana, Westwood, Mt. View, Silverwood, Ayers Ranch, and Kirkwood. The Clayton Valley subarea is bounded by Willow Pass Road, the Concord Reuse Project area, the City of Clayton, Pine Hollow Road, Ygnacio Valley Road, and Cowell Road.

4. Olivera/Port Chicago
This subarea is a large residential area extending from downtown Concord north to SR 4; the subarea is bounded on the east by the Concord Reuse Project area and to the west by the Concord City limits and Buchanan Field Airport. This subarea contains various neighborhoods including Hillcrest, Uplands, Holbrook, and Sun Terrace, as well as the North Todos Santos area, which is the oldest and most historically significant neighborhood in the City. The other neighborhoods in this subarea were, for the most part, built during the period of the 1940s to the 1960s.

5. Concord Reuse Project (CRP) Area
The CRP subarea is located south of SR 4 and generally comprises the flatter portions of the former Concord Naval Weapons Station lnland Area, including those areas planned for future development.

The subarea adjoins the North Concord – Martinez BART station and SR 4, the Los Medanos Hills to the east, and developed properties (primarily single family lots) along the south and west edges of the Navy lands. Most of this area is vacant, although there are remnants of the site’s prior use as a military weapons storage facility.

6. North Concord
The North Concord subarea is the developed industrial land north of SR 4. The subarea extends from the eastern City limit to Solano Way; it includes the administrative area of the former CNWS, which is now planned for a County First Responder (police and fire training) Facility. It also includes Diablo Creek Golf Course (owned and operated by the City), the Bates Avenue and North Point areas, Mallard Reservoir and Bollman Treatment Plant (owned and operated by the Contra Costa Water District), the Concord North Industrial Park, the Military Ocean Terminal (operated by the US.

Army) and those properties along Arnold Industrial Way between Port Chicago Highway and Solano Way.

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! ! !

(10
Figure 3-4
Planning Subareas
1: Central Concord
2: Four Corners/Ygnacio Valley
3: Clayton Valley
4: Olivera/Port Chicago

5. CRP Districts

6. North Concord

7. Lime Ridge

8. Buchanan Field Airport

9. Avon/Clyde

10. CNWS Tidal Area (Port Chicago)

11. Los Medanos Hills

E

!(9

Mallard

● ! ! ! ! !
City Limits
Sphere of Influence
Planning Area
Planning Subarea Boundary
Source:

City of Concord, Arup 2011; Dyett & Bhatia 2005.

Reservoir
(6
ÿ|4
0 0.5

PITTSBURG
1 2
Miles

MARTINEZ

(8
%(&680
(4
ÿ|242
!(11
(5

!(1
Concord Blvd

(3

PLEASANT HILL

(2

CLAYTON

!(7

WALNUT CREEK

! ! !

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7. Lime Ridge
The Lime Ridge subarea includes Inner Lime Ridge (northwest of Treat Boulevard), Middle Lime Ridge (between Treat Boulevard and Ygnacio Valley Road), and Upper Lime Ridge (south of Ygnacio Valley Road). There is significant low density residential development at the periphery of this subarea along Cowell Road, in the Kaski-Hitchcock neighborhood, along Ygnacio Valley Road, and near Pine Hollow Road. A large portion of the subarea is permanent open space owned by the City of Concord abutting additional permanent open space owned by the City of Walnut Creek.

8. Buchanan Field Airport
The Buchanan Field Airport subarea includes the airport and commercial development on airport property (owned and managed by Contra Costa County) located near Concord Avenue. The subarea is bounded on the south by Concord Avenue, the east by Walnut Creek, the north by SR 4, and on the west by Marsh Drive (at the west side of the airport) and Contra Costa Boulevard near Concord Avenue.

9. Avon/Clyde
The Avon/Clyde subarea encompasses that area north of SR 4 that is not part of either the North Concord or Port Chicago subareas. The subarea contains the Avon Refinery now owned by Tesoro Co., the area north of Mallard Reservoir and southwest of the Port Chicago subarea, plus the community of Clyde. The subarea is bounded by the Walnut Creek on the west; Suisun Bay on the north; marsh lands and Los Medanos Hills on the east; and the North Concord subarea on the south.

10. CNWS–Tidal Area (Port Chicago)
The CNWS–Tidal Area (Port Chicago) subarea is comprised of the developed portion of the tidal area including the related docks and nearby railway transport facilities. This area is designated as a “Port Priority Use” area in the San Francisco Seaport Plan. The tidal area also includes extensive salt-water marsh areas which have been preserved as permanent open space east and west of the developed area. This subarea includes the lands formerly occupied by the town of Port Chicago before that community was acquired by the Federal Government for safety reasons in the middle of the 20th century. A large majority of this subarea is either owned by the U. S.

Government or identified for preservation and protection as a salt- water marsh at the south edge of Suisun Bay. The Southern Pacific Railroad and Atchison-Topeka & Santa Fe Railroad both traverse the study area in an east-west alignment.

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11. Los Medanos Hills
The Los Medanos Hills subarea consists of the hills lying along the northeastern edge of the Planning Area on both sides of Highway 4.

It also includes the Mt Diablo Creek corridor on the Concord Reuse Project site. The hills are an important topographic feature that provide an open space “frame” between Concord and Pittsburg. This area is largely undeveloped, with some remnant uses from former military activities. The area is planned for long-term conservation as open space.

3.3 GOALS, PRINCIPLES, AND POLICIES
Residential Neighborhoods
Residential Neighborhoods are areas of the City characterized by housing, parks, and public facilities. Most residential neighborhoods have land use designations of Rural Residential, Low Density Residential, Medium Density Residential, and High Density Residential. Residential Neighborhoods are also envisioned within the CRP Neighborhood and Village Districts and Concord Reuse Project Transit Oriented Development District designations.

Principle LU-1.1: Preserve and Enhance Neighborhood
Character.

Policy LU-1.1.1: Support land use decisions that reinforce and capitalize on neighborhood strengths and
benefit neighborhood identity and scale.

Policy LU-1.1.2: Require new development in residential areas to preserve and enhance positive neighborhood
characteristics.

New design standards for residential
development will help implement this policy.

Policy LU-1.1.3: Ensure that the scale, operation, location, and other characteristics of community facilities,
including parks, schools, childcare facilities,
religious institutions, and other public and
GOAL LU- 1 : LIVABLE AND ENJOYABLE

RESIDENTIAL NEIGHBORHOODS

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quasi-public facilities, enhance the character
and quality of neighborhoods.

This will be addressed by design guidelines
and standards for transitions between
different uses.

Policy LU-1.1.4: Protect residential uses from the impacts of more intensive land uses through good site
planning and/or appropriate mitigation and
operational measures.

Screening, landscaping, restrictions on
driveway access, and limitations on hours of
operation can help minimize adverse impacts.

Policy LU-1.1.5: Identify opportunities for public/private cooperation and City actions for the mitigation
of noise, traffic, and other potential conflicts
between commercial uses, multi-family
residential uses, and single-family residential
neighborhoods.

Policy LU-1.1.6: Prohibit conversion of residences backing onto roadways to commercial or office uses which
would gain access or seek visibility from the
roadways.

Policy LU-1.1.7: Encourage high quality design upgrades for existing multi-family uses and require high
quality design for new multi-family projects.

Policy LU-1.1.8: Continue to support and promote housing conservation and home remodeling, expansion,
and updating to maintain the quality of the
housing stock.

Examples of the City programs that will be
used are in the Housing Element.

Policy LU-1.1.9: Preserve visible hillsides and open space areas through techniques such as cluster development
or density transfers.

Policy LU-1.1.10: Ensure that new development in historic neighborhoods is compatible in scale and style
to the character of that neighborhood, and

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encourage retention of historic buildings
through flexible reuse provisions.

The General Plan has established a new land
use designation for the North Todos Santos
neighborhood. A zoning district has been
created for the neighborhood to help conserve
its character.

Policy LU-1.1.11: Allow residential care and group homes in a manner consistent with State law, while
ensuring that the scale, operation, location and
other characteristics of these facilities does not
adversely impact the character and quality of
neighborhoods.

Policy LU-1.1.12: Adopt design guidelines for single family homes in existing neighborhoods to ensure that
new construction and exterior alterations and
additions are compatible in scale to the
character of surrounding homes.

These guidelines could address such issues as
the design of second story additions and
limitations on house size based on lot size.

Principle LU-1.2:Facilitate Community-Oriented
Neighborhoods.

Policy LU-1.2.1: Provide opportunities for neighborhood participation in the land use decision-making
process.

The City will encourage and support
community input in the review of new projects
adjacent to residential areas. This will
provide an opportunity to identify key issues
and allow applicants to respond early in the
process.

Policy LU-1.2.2: Pursue neighborhood planning strategies to conserve and enhance neighborhood livability
and safety, and eliminate adverse
characteristics that lead to neighborhood
decline.

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The City is committed to finding solutions to
mitigate degradation of neighborhoods. The
City embraces Community-Oriented
Government joining with neighborhood
groups to address problems identified by
residents and business owners. Solutions
depend on the specific issue, and span the
spectrum from adding neighborhood watch
groups, implementing traffic calming
programs, funding organizations that provide
specific neighborhood services, to ensuring
that business and residential owners comply
with City codes regarding private property
maintenance.

Policy LU-1.2.3: Foster amenities and services that make Concord’s neighborhoods desirable places to
live.

Examples include sidewalks, appropriate
street lighting, bike paths, trees, parks, high
quality schools and natural features, which
enhance neighborhood character.

Policy LU-1.2.4: Encourage neighborhood retail and service uses within convenient walking distance of all
residential neighborhoods, where feasible.

Principle LU-1.3: Encourage Infill Residential
Development.

Policy LU-1.3.1: Encourage a variety of housing types on infill development sites.

Townhomes, zero-lot line single family
dwellings, courtyard apartments, and small-
scale multi-family projects are some of the
types of housing that are suitable for infill
sites.

Policy LU-1.3.2: Establish standards to address the transition between existing neighborhoods and new infill
development.

Such standards could include height and
setback requirements and standards for
screening, lighting, landscaping, refuse
collection, and location of parking.

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Policy LU-1.3.3: Support higher density and mixed use development in Downtown and near transit
centers and corridors.

Condominiums, apartments, or offices above
stores are typical of mixed use development
that would be appropriate.

Principle LU-1.4: Protect the Unique Character of Rural Residential Areas Throughout the City.

Policy LU-1.4.1: Maintain the character of rural residential areas by preserving large lot sizes and limiting
lot coverage.

Policy LU-1.4.2: Allow the keeping of horses on lots larger than one-half acre in a manner that preserves the
public health, safety, and general welfare of the
surrounding neighborhood.

Centers
Concord is a City of neighborhoods, connected by several clusters of commercial uses that provide goods, services, and employment opportunities to both local residents and people from the surrounding communities. These clusters—referred to as “centers”—are the basis for organizing policies in the General Plan that pertain to maintaining and improving the quality and selection of commercial opportunities in Concord. The General Plan identifies three types of centers in Concord: Neighborhood/ Village Centers, Regional Centers, and Central Concord.

Neighborhood/ Village Centers
A neighborhood center is typically located on an accessible, main transportation artery and is composed of low-scale commercial land uses that provide goods and services to the local community. It is often surrounded by higher density housing, which helps to support ridership for a transit stop. Existing neighborhood centers are found throughout Concord, such as at the intersections of Treat Boulevard and Oak Grove Road, or at Ygnacio Valley Road and Clayton Road.

Neighborhood centers are also planned on the Concord Reuse Project site, where they form the focal point of residential “villages” surrounding them. To ensure that a diverse range of neighborhood shopping opportunities is available and easily accessible in Concord, the Plan promotes the vitality of existing centers and their renovation.

As appropriate, it also promotes the creation of new centers.

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Principle LU-2.1: Foster Viable, Neighborhood- Oriented Commercial Centers.

Policy LU-2.1.1: Maintain attractive and viable neighborhood- serving centers.

Policy LU-2.1.2: Encourage existing neighborhood centers to expand or adapt to market changes through
reuse, rehabilitation, and infill development.

Examples of existing neighborhood centers
that have undergone renovation are Clayton
Valley Shopping Center, Dana Plaza, The
Willows, and Olivera Crossings. The City
will continue to work with shopping center
owners to ensure retail success while meeting
the needs of the surrounding neighborhoods.

Policy LU-2.1.3: Plan for new commercial development to expand the variety of goods and services to
meet neighborhood-serving needs.

Policy LU-2.1.4: Establish standards to address the transition between new retail uses and abutting uses to
reduce adverse impacts.

These standards may include transitional height
requirements, setback provisions, and
standards for screening, lighting, landscaping,
location of parking, loading, refuse collection,
and recycling facilities.

Principle LU-2.2: Maintain Community Office Uses.

Policy LU-2.2.1: Designate sites for local-serving office use in close proximity to neighborhoods that provide
convenient access to local patrons,
complement nearby retail enterprise, and
buffer residential uses from arterial streets.

The Land Use Map shows where these sites
are located, and includes a Community Office
designation. Office uses are also encouraged
in the various mixed use districts located
GOAL LU- 2: VIABLE AND ACCESSIBLE

NEIGHBORHOOD VILLAGE CENTERS

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throughout the City, including the Concord
Reuse Project Area.

Policy LU-2.2.2: Allow resident-serving offices in existing neighborhood commercial centers so long as
they are ancillary in size, scope, and location to
primary retail uses. Resident-serving offices
are also permitted in new neighborhood
commercial centers, and need not be ancillary
to retail uses in such cases if sufficient retail
choices exist nearby.

Resident-serving offices are small offices
serving walk-in clientele, such as accounting,
legal aid, real estate brokers, and insurance
and travel agents.

Regional Centers
Shopping and the use of services are activities that provide for social contact as well as business transactions. Since Concord attracts shoppers from a large region, and stores in one part of the City are often frequented by residents from other neighborhoods, regional centers are critical in shaping the identity and image of the City in the region and the neighborhoods within the City itself.

Principle LU-3.1: Foster Strong Region-Serving
Commercial Centers.

Policy LU-3.1.1: Provide for regional centers that have an appealing mix of tenants and are designed with
site amenities to attract customers from both
local neighborhoods and region-wide
communities.

Policy LU-3.1.2: Maintain and enhance existing region-serving centers so that they are competitive and offer a
wide spectrum of retail products.

Policy LU-3.1.3: Encourage existing region-serving centers to expand or adapt to market changes through
reuse, rehabilitation, and infill development.

GOAL LU- 3 : VIABLE AND ACCESSIBLE REGIONAL

CENTERS

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Policy LU-3.1.4: Plan for new commercial development to expand or enhance the variety of goods and
services to meet region-serving as well as local
needs.

Policy LU-3.1.5: Identify new areas for region-serving commercial uses at locations that take
advantage of major transportation routes.

These areas include, but are not limited to,
Central Concord, North Concord, and the
Concord Reuse Project (CRP) area.

Policy LU-3.1.6: Ensure the timely implementation of necessary infrastructure to support existing and new
region-serving development.

Policy LU-3.1.7: Capitalize on the opportunity for a new regional center adjacent to the North Concord –
Martinez BART Station.

The CRP Area Plan calls for a new regional
center including retail, office, and multi-unit
residential uses in mid-rise buildings adjacent
to the North Concord - Martinez BART
Station. Retail and service uses at the center
will complement those in other centers in
Concord, and provide new shopping, dining,
and entertainment choices for residents from
across the City and region, as well as future
residents of the CRP site and persons working
nearby.

Central Concord
Central Concord is the historic, economic, and cultural heart of the City. It encompasses the original townsite that grew into Concord, and this rich historic legacy is visible in the number and variety of historic sites in the area, such as Todos Santos Plaza, the Salvio Pacheco Adobe, and the County Fire House. Central Concord is also a focal point for modern-day activities in the City. Its shopping opportunities, cultural activities, and pedestrian-oriented scale in the Downtown area ensure that it remains a main attraction for residents and visitors alike. Many of the City’s major employers are also located in Central Concord, including the Bank of America Concord Technology Center, Chevron Credit Card Center, the Civic Center, and Police Headquarters. The General Plan policies for this area aim

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to support the many roles that Central Concord plays in shaping the City’s character and development by preserving its historic resources, promoting its social value, and creating an attractive environment in which to do business.

Principle LU-4.1: Promote Central Concord as the
economic, social, symbolic, and
historic center of the City.

Policy LU-4.1.1: Continue to expand Central Concord’s role as a focal point for business, entertainment,
dining, cultural, and civic gatherings.

Policy LU-4.1.2: Integrate the distinct districts within Central Concord with unifying streetscape and
pedestrian amenities.

The Concord Downtown Streetscape
Improvements includes a detailed list of
improvements and phasing concepts along
with Concord Downtown Streetscape Design
Guidelines, which address private
development.

Policy LU-4.1.3: Integrate mixed uses at an urban scale.

Future design guidelines will provide further
direction on the design and form of mixed use
development.

Principle LU-4.2: Capitalize on Downtown’s Sense of
Place.

Policy LU-4.2.1: Require a mix of uses to promote an active commercial and residential center.

This can be achieved by establishing
standards for ground floor retail space and
active street frontages, particularly around
Todos Santos Plaza, and through limitations
on uses that would not be compatible with or
supportive of a pedestrian environment.

GOAL LU- 4 : IDENTIFIABLE AND DISTINCTIVE

DISTRICTS WITHIN CENTRAL

CONCORD

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Policy LU-4.2.2: Allow for urban-scale development, including both amenities and services for workers and
residents.

Policy LU-4.2.3: Promote pedestrian-oriented urban design.

Policy LU-4.2.4: Encourage new development projects to include amenities for public benefit, such as
affordable housing, pedestrian-oriented
facilities, and historic preservation.

Pedestrian-oriented facilities are enhanced
with amenities such as outdoor seating,
plazas, public art, weather protection, transit
waiting areas (benches and shelters), and
links to regional trails and bikeways.

Policy LU-4.2.5: Allow multiple anchor uses and mixed use development surrounding Todos Santos Plaza
to attract retail clientele and encourage
pedestrian activity.

The Development Code will allow for mixed
use and will ensure that uses directly facing
Todos Santos Plaza activate the street and
encourage pedestrian activity.

Policy LU-4.2.6: Limit building heights for new structures in the blocks immediately adjacent to Todos
Santos Plaza with an inclined daylight plane
requiring upper-story setbacks to ensure
sunlight access for public spaces.

This is the preferred approach for height
limits around downtown squares. The total
amount of floor area will be governed by the
floor area ratio.

Policy LU-4.2.7: Facilitate the relocation of gas stations, auto repair, and service uses to service commercial
areas throughout the City.

Policy LU-4.2.8: Encourage preservation of historic buildings to the maximum extent feasible.

Policy LU-4.2.9: Designate land around the Downtown BART Station as a transit overlay zone and offer
incentives to support the use of mass transit.

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Employment Districts
Employment Districts are relatively large areas of the City dominated by low-rise to high-rise office, high technology, light industrial and other job generating land uses. The associated land use designations are Business Park, Heavy Industrial, West Concord Mixed Use, and Downtown Mixed Use. The Concord Reuse Project Area also includes Employment District designations, including TOD Districts and Non-Residential Districts.

Principle LU-5.1: Expand and Enhance Regional Office
Uses in Central Concord and the North
Concord - Martinez BART Station Area.

Policy LU-5.1.1: Maintain and expand Concord as a regional employment center.

The central focus of the City’s economic
development strategy is to enhance Concord’s
role as a regional center.

Policy LU-5.1.2: Promote a large, diverse regional office sector to ensure a resilient economic base.

Policy LU-5.1.3: Provide sites for professional, administrative, and headquarters office space in Central
Concord and other transit-oriented
development (TOD) locations.

Policy LU-5.1.4: Assure high quality design and site planning of regional offices that establish a cosmopolitan
image and contribute to the character of the
City as a whole.

GOAL LU- 5 : A DYNAMIC AND DIVERSIFIED

OFFICE SECTOR

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Principle LU-6.1: Encourage the Development of Office
and Business Parks.

Policy LU-6.1.1: Provide sites for research and development, professional and medical offices, and similar
uses in campus-like settings.

A distinction will be made between business
park areas intended to accommodate offices
in a landscaped environment, and business
park areas that would be more industrial in
character, with uses that require outdoor
activities or outdoor storage of vehicles and
goods. The former would be in an Office
Business Park Zoning District and the latter
would be in an Industrial Business Park
Zoning District.

Policy LU-6.1.2: Provide sites for employment-generating businesses, technology-based businesses, and
light industrial uses wishing to locate in
Concord.

The establishment of both the Office Business
Park and Industrial Business Park Zoning
Districts will enable the City to identify areas
where these uses can be located. Future
planning for the Concord Reuse Project site
may make similar distinctions.

Policy LU-6.1.3: Encourage the reuse of existing heavy industrial uses with light industrial, office,
and/or industrial business park uses.

Policy LU-6.1.4: Restrict retail in office and business park areas to wholesale, bulk retail, and small-scale uses
serving employees.

Policy LU-6.1.5: Establish standards for outdoor storage and uses incidental to primary uses.

GOAL LU- 6 : A THRIVING RESEARCH, DEVELOP-

MENT, AND PRODUCTION SECTOR

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Screened outdoor storage areas may be
allowed as an incidental use in the Industrial
Business Park zoning district.

Public/Quasi–Public Uses
Public/Quasi-Public uses are located throughout the City and include the Buchanan Field Airport, John Muir Medical Center, and the California State University.

Principle LU-7.1: Foster the Viability and Expansion of Buchanan Field Airport.

Policy LU-7.1.1: Support augmentation of the airport operation that is consistent with the City’s Economic
Vitality Strategy.

Policy LU-7.1.2: Provide for compatibility between the airport and neighboring land uses within the Airport
Influence Area through review of new
development projects for consistency with
noise, safety, and airspace protection.

Policy LU-7.1.3: Enforce safety compatibility criteria consistent with the County Airport Land Use Commission
(ALUC) Plan for new development projects
within airport safety zones.

Policy LU-7.1.4: Forward applications for general plan amendments, rezoning requests, and major land
use actions as appropriate to the County Airport
Land Use Commission (ALUC) for review.

Policy LU-7.1.5: Adopt development standards for new development projects within the Airport
overlay district.

Principle LU-7.2: Provide for a Premier Medical Center.

Policy LU-7.2.1: Support and encourage the expansion and continued renewal of the John Muir Medical
Center and activities.

GOAL LU- 7 : AN EXCELLENT FULL SERVICE

COMMUNITY

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Policy LU-7.2.2: Require the John Muir Medical Center to minimize impacts, to the maximum extent
feasible, on adjacent residential neighborhoods.

Policy LU-7.2.3: Allow medical/dental offices, medical laboratories, clinics, and related support
services to cluster around John Muir Medical
Center.

Policy LU-7.2.4: Require new hospital facilities to be designed to ensure potential environmental hazards
associated with medical care are managed
appropriately.

Principle LU-7.3: Promote Higher Education in Concord.

Policy LU-7.3.1: Encourage the development of private and public institutions of higher education.

Policy LU-7.3.2: Promote California State University as a region-serving institution of higher education.

The Concord Reuse Project Area Plan includes
an approximately 120-acre site designated for
a future campus. A new CSU Campus is one
potential use for the site.

Policy LU-7.3.3: Coordinate with the California State University to help ensure that their
improvements, such as roadways, utilities, and
campus facilities, are consistent with City
plans.

Principle LU-7.4: Support Concord’s Port.

Policy LU-7.4.1: Coordinate with the County and the marine terminal owner to promote “Port Priority Uses”
in the Concord Naval Weapons Station– Tidal
Area, consistent with the San Francisco Seaport
Plan.

Policy LU-7.4.2: Allow non-port uses such as public access and commercial recreation development only if
such uses would not impair existing or future
use of Concord’s port area for port purposes.

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Concord Reuse Project (CRP)
A transformed former Concord Naval Weapons Station (Concord Reuse Project) with land uses and design features that enhances the quality of life for all Concord residents.

GOAL LU- 8 :

Principle LU-8.1: Achieve a complete and diverse
community that provides well-
connected neighborhoods and districts
with high-quality urban design and
convenient access to open space, daily
necessities, and regional transit.

Policy LU-8.1.1: Provide diverse housing choices on the CRP site, including ownership and rental housing, a
variety of unit types and densities, and a mix of
price levels.

Multiple housing types (including ownership
and rental housing) should be located on
individual or adjacent blocks where possible,
helping to fulfill the vision of a mixed income
community serving many different household
types.

Policy LU-8.1.2: Create multiple distinct neighborhoods within the CRP site, organized around village centers
or transit-oriented development areas with
neighborhood services, open spaces, and
community facilities.

Policy LU-8.1.3: On the portions of the CRP site that adjoin existing Concord neighborhoods, design open
spaces and new buildings to be compatible in
scale with adjacent established uses.

Policy LU-8.1.4: Provide a variety of workplaces and shopping areas on the CRP site, designed for easy access
by transit, pedestrians and bicycles.

Policy LU-8.1.6: Design built features and the circulation system to respond to the CRP site’s natural
form. Where slopes of 30 % of greater occur
within planned development areas on the CRP
site, they should generally be set aside as open
space.

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Policy LU-8.1.7: Follow community design principles which reduce greenhouse gas emissions and support
environmental sustainability.

These principles include an emphasis on
pedestrian and bicycle travel, easy access to
transit from all new development, mixing of
land uses to reduce trip generation, higher
densities near the BART Station, and the
creation of attractive streetscapes which
make walking or bicycling comfortable and
safe.

Policy LU-8.1.8: Maximize views from public rights of way and public spaces on the CRP site to natural
features, including but not limited to Mount
Diablo, the California Delta, and the Los
Medanos Hills, provided the resulting design is
consistent with the climate action program.

Policy LU-8.1.9: Provide street and open space connections between the CRP site and established Concord
neighborhoods at appropriate locations to
improve accessibility and create a more
cohesive and connected city.

Principle LU-8.2: Provide for a balance between
development and open space on the
CRP site.

Policy LU-8.2.1: Designate the most environmentally sensitive portions of the CRP site, including the Los
Medanos Hills and the Mt Diablo Creek
corridor, as permanent open space.

Policy LU-8.2.2: Incorporate a network of greenways within the CRP site that help define neighborhood edges,
connect residents to services and workplaces, and
provide access to recreational features and open
space.

Policy LU-8.2.3: Develop new community and neighborhood parks within proposed CRP development areas
which complement and expand the citywide park
system.

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Policy LU-8.2.4: Include small scale open spaces such as pocket parks and plazas in the CRP site’s community
gathering places, such as Village Centers and the
transit-oriented district around the BART station.

Design of Buildings, Public Spaces and Infrastructure
Site and Building Design
GOAL LU- 9 : WELL- DESIGNED DEVELOPMENT
Principle LU-9.1: Require High Quality Building Design
and Site Planning.

Policy LU-9.1.1: Establish design standards that achieve the highest quality of building design and use high-
quality materials.

Policy LU-9.1.2: Establish design standards that provide for cohesive, well-integrated, functional
development and ensure neighborhood
compatibility with appropriate height
transitions, setbacks, screening and buffering
for adjacent residential development.

Design standards or guidelines will be
developed or updated following the update of
the Concord Development Code.

Policy LU-9.1.3: Require new commercial development to provide comprehensive landscaping, including
hardscape and parking lot areas as well as
pervious areas.

Policy LU-9.1.4: Require parking areas to be screened, to the maximum extent possible, from the public
rights-of-way or located behind commercial
structures instead of adjacent to the right-of-
way.

Policy LU-9.1.5: Require utilities to be placed underground or screened from public view.

This policy is intended for telecommunication
lines and electric distribution systems and
related ancillary facilities, and would not
apply to solar panels. Using underground
vaults and screening for exterior transformers

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