Agenda packet — Concord City Council, March 24, 2026

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
March 24, 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/85312634615?pwd=6Yk0HsV4DibfZXNv_f7Lal0jJHZ1A.- -la2oqTYguPllGb or Zoom Webinar ID: 853 1263 4615 and Passcode: 892921 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 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 the Concord High School Girls Wrestling Team proclaiming March as "Women's History Month" in the City of Concord. Presentation by Mayor Nakamura.
b. Presentation – to Monument Youth Drug and Alcohol Coalition (MYDAC), proclaiming March as "Prescription Drug Awareness Month" in the City of Concord. Presentation by Mayor Nakamura.
c. Presentation – by Dr. Rosa Maria Sternberg, Evaluator, and Julia Quintero, Elevate Concord Program Manager, on Elevate Concord. Introduction by Mayor Nakamura.

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

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

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

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

Use sus auriculares para escuchar el audio o leer la transcipción en el dispositivo.
4 4. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – approval of minutes from the March 10, 2026, Regular Meeting. Recommended by the City Clerk.
b. Considering – adoption of a Resolution approving the request of the City of Pleasant Hill to allow Sunvalley Mall and certain City of Concord commercial properties to be included in Pleasant Hill Landscaping and Lighting Assessment District #20, Commercial Area Landscaping and Lighting. (No fiscal impact). Recommended by the Director of Public Works.

CEQA: Not a project and/or exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)), 15378, and/or 15061(b)(3). c. Considering – adoption of four resolutions ordering the preparation of the Engineer’s Report for the levy of annual assessments for the City’s four Landscape and Lighting Maintenance Assessment Districts. (Maintenance District Funds). Recommended by the Director of Public Works.

CEQA: Not a “project” under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(3), 15273, 15378, and/or 15061(b)(3). d. Considering – adoption of a Resolution approving a Use Permit Amendment to reduce the length of a required perimeter masonry wall for the Shell Gas Station Expansion at 1500 Concord Avenue (APN 126-043-034; PL26022 – UPA). Recommended by the Director of Community Development.

CEQA: Previously determined to be analyzed within an Addendum to the 2012 Supplemental Environmental Impact Report (SEIR); project amendment is consistent with the Addendum to the 2012 SEIR and is not a project/ exempt pursuant to pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15378, 15301, 15303, and/or 15304.
e. Considering – adoption of a Resolution approving the street names “Hidden Willow Way," “Meadow Ridge Court,” and “Laurel Leaf Court” for Subdivision No. 9729, located at 1836 Clayton Way. Recommended by the Director of Community Development.

CEQA: Not a project/exempt under Public Resources Code 21065, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15378 and/or 15061(b)(3). 5 f. Considering – approval of a United States Forest Service Term Special Use Permit expiring December 31, 2046, for Camp Concord at Lake Tahoe, and authorize City Manager to execute the Use Permit in a form acceptable to the City Attorney. Recommended by the Director of Recreation Services.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, and/or 15323.
g. Considering – adoption of a Resolution accepting and appropriating Caltrans Community Cleanup and Employment Pathway grant in the amount of $354,908 for the City’s Community Cleanup project (PJ#2808), and authorizing the City Manager to execute a restricted grant agreement with the California Department of Transportation (Caltrans) in a form acceptable to the City Attorney. Recommended by the Director of Public Works.

CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378 including subsection (b)(3).
h. Considering – approval of the FY2025-26 Fleet Replacement Plan and authorizing staff to procure twenty-three (23) replacement vehicles for various departments through six vendors identified in Attachment 1, in an amount not to exceed $1,742,549. (Fleet Replacement Fund (633). Recommended by the Director of Public Works.

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

5. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to DeSaulnier re: Support for BART District's Station Safety, Security, and Rider Experience Program - March 9, 2026
b. Letter to Padilla re: Support for White Pony Express Grant Application for Community Project Funding for FY 27
c. Letter to Bureau of Land Management re: Comments on the Central Coast Field Office Oil and Gas Leasing and Development Supplemental Environmental Impact Statement (SEIS) - March 11, 2026

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

7. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 4/14/2026 6:30 PM

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

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

E levate Concord
Gua ra nteed Income Progra m
2023 - 2025
Julia Quintero – Program Manager
Rosa Maria Sternberg PhD, RN – Program Evaluator
March 24, 2026
1 3.c

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Elevate Concord
2023-2025
• Elevate Concord, Monument Impact’s Family Economic Equity Pilot is a 12-month guaranteed income pilot program designed to stabilize families in need
• This pilot program was supported by the City of Concord, Y&H Soda Foundation, the Latino Community Foundation, and Community Financial Resources
• The recipients were 120 families experiencing financial hardship in Concord, California • It included a guaranteed income for 12 months
• Recipients were given an initial one -time payment of $2,500 at the beginning of the program (October 2023) and a payment of $500 for the subsequent 12 months • Generous support and additional financial contributions by the Latino Community Foundation allowed the program to be extended for 3 months, slowly decreasing payments ($300, $200, $100), to ease participants into the end of the payment period
2

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Elevate Concord Participants’ Selection and
Inclusion Criteria:
• Single parents who are Concord residents
• Families with at least one child under 12 years old
• Families with a yearly income of $55,000 or less
• Families who experience loss of income during COVID-19 • Families facing housing insecurity and/or paying 30% or more of their income in rent • Over 198 residents met this criteria applied
• Qualified participants were randomly selected
• Total of 120 qualified participants
• Benefits for Elevate recipients extended from October 2023 to December 2024 3

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Results
Part I – Quantitative analysis - recipients'surveys
4

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Housing
5

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Housing 2024
The majority of Elevate recipients consistently reported that the program helped them most with paying their
rent ( > 82%).

Housing 2025 - post Elevate
Elevate recipients consistently reported that they could not pay the rent on time (>55%).
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Housing 2025 - post Elevate
• Since the end of the Elevate program, recipients
reported finding paying rent difficult (89.8%)
• 95.5% of participants had not been evicted, and
• 80% had not been able to find a better place to live
7

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Finances
Home Expenses
8

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Home Expenses 2024
• The majority of Elevate recipients reported the
program helped them to pay bills, buy food,
groceries, and meals
• Followed by paying off debt and childcare

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Home Expenses 2025 - post Elevate
• Nearly half of recipients (41.9%) reported not being
able to buy the food they need for themselves and
their children
• Recipients s also reported not being able to pay
forchildcare, clothing, or school enrichment
activities (80%)
• The majority reported not being able to :
• pay bills on time
• pay debts and
• save money
10

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Health Care
11

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Healthcare 2024
Most recipients reported that Elevate helped
them with buying medications (>63%) and paying
medical bills
Healthcare 2025 – post Elevate
• Most recipients reported having health
insurance (63.9%)
• Over one third were not insured (35.7%)
• The majority reported not being able to pay
medical bills (52.7%)
• Nearly half of recipients reported not being
able to pay for the medication they need for
themselves or their children (40.6%)
12

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Family
13

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Family 2024
Most participants reported that Elevate helped
them to have more time with their children
Family 2025 – post Elevate
Most recipients reported not being able to have
enough family time (68.6%)
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Stress & Anxiety
15

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Baseline- 2023
2024
Elevate
2025
Post Elevate
Stress
16

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Anxiety
2024
Elevate
Baseline- 2023
2025
Post Elevate
17

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Elevate Concord 2024
Recipients reported that the Elevate program helped them with the following:
• pay rent, pay their bills, and buy food, groceries, and meals • buy medications and pay medical bills
• pay off debt, fix their car, and pay for childcare
• cover unexpected financial emergencies
• learn how to manage their finances and learn new skills • have more time for their children and family activities • Several Elevate participants took part in MI’s mental health program Mentes Positivas en Acción • Recipients reported less stress and anxiety while receiving Elevate funds 18

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Elevate Concord 2025
Post Program
One year after receiving the last installment from the Elevate guaranteed income program, Most recipients reported
not being able to:
• Buy the food they need for themselves and their children, pay for childcare, clothing, or school enrichment activities for their children
• Pay the rent on time
• Find a better place to live
• Pay bills on time , pay debt, or save money
• Pay for medical bills, including medication for themselves and their children • Find a better job
• Develop a new skill, or explore starting a new business, or go back to school • Have enough time with their children or participating in community activities - including Monument Impact programs
Recipients reported increasing levels of stress and anxiety 19

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Results
Elevate – Storytellers Interviews
Time 1 – November 2023
•
20

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21 Housing
• Most recipients described how their inability to pay for housing and basic needs brought them to apply to this program.
• Many recipients described bleak living conditions: from living in their car with their children, to sleeping on people’s apartment floors, to feeling unsafe due to the number of people living in the same apartment.
• Overall, a need for safe housing, inability to pay bills, enough food, transportation, and childcare were deep concerns for participants
“…After leaving my abusive partner, I was pregnant and living in my car. With the money from this program, I could rent a room and pay the bills.”
Elevate Participant (Time1)

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22 Immense Gratitude
• Every participant expressed their sense of disbelief and surprise as they learn they had been selected for the program.
• All participants expressed deep gratitude for this program and for the help, guidance, and support they received from the staff at Monument Impact. Many named the members of Monument Impact who had helped them. • Many expressed how this program would be life-changing, since they had come to the point of desperation from issues related to financial hardship, unfortunate family health care situations, and domestic violence
“ I had hip surgery, and I couldn’t work for months. My life was not easy, and I was depressed. I had to ask the church for help with the rent on the room I rent. This program has helped me catch up on bills, pay rent, save for emergencies, and better manage my food expenses. I am so grateful …it is a blessing from God. ” Elevate Participant (Time 1)

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Results
Elevate – Storytellers Interviews
Time 2 – November 2025
Post Program
23

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24 Stress and Anxiety
• Every participant expressed living with extreme levels of stress and anxiety
• Participants expressed living in fear that they or their families would be taken away, detained, or deported, with some participants sharing dreadful stories of their families being separated
• Participants shared how the year after the program ended had been very difficult and, in some cases, devastating for them
• Not having the income that Elevate provided them made it difficult to meet their family's needs for safe shelter and food.

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25 “With the help of this program, I was able to pay for my rent, but now I can’t afford it anymore, so I had to get a roommate. This was a problem; she was using drugs, and I have a young daughter. I am trying to make it and feed my daughter the best way I can, but buying fruits, vegetables, and meat is very expensive …”
Elevate Participant (Time 2)
“The program helped me so much. I was suffering from depression after having my baby and having problems with my daughter’s father. I learned about the program for mental health at Monument, and I enrolled …it helped so much … ”
Elevate Participant (Time 2)

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Elevate Concord
Program Benefits

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27 Unconditional cash transfer programs like the Elevate Concord program have measured economic impacts such as :
• Improved financial stability
• Reduced stress and depression
• Higher productivity and work participation
• Lower emergency healthcare usage
Reference: National Bureau of Economic Research & The World Bank

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28 Children of stressed and depressed parents have a higher risk of :
• Disruption of brain areas tied to memory, learning, and emotional control
• Anxiety disorders and depression later in life
• Diabetes, heart disease, and substance abuse

Reference: The World Health Organization (WHO)
US Healthcare Cost & Stress Data
Brookings Institution

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29 Reducing stress, anxiety, and depression in parents has powerful long-term benefits for children, economically, educationally, and even biologically The effects can last into adulthood
• Children develop better emotional bonding
• Stronger emotional regulation
• Better cognitive functioning and learning ability
• Better educational outcomes
• Higher likelihood of college attendance
• Better career opportunities
• Are more productive as adults
Reference: The World Health Organization (WHO)
US Healthcare Cost & Stress Data
Brookings Institution

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30 Bottom Line
• Financial stress, anxiety, and depression significantly increase healthcare and economic costs
• Programs that reduce stress, anxiety, and depression consistently produce:
• Lower medical spending
• Higher productivity
• Reduces costs in healthcare, education, and criminal justice • Higher return on investment
• Return of $5 - $10 for every $1 invested over time
Reference: The World Health Organization (WHO) – The World Bank – National Institute of Health – RAND Corporation – Harvard University /World Economic Forum

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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, MARCH 10, 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, March 10, 2026, with Mayor Nakamura presiding. The pledge of allegiance was led by Mayor Nakamura. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano (arrived at 7:35 p.m.), Pablo Benavente, Carlyn Obringer, Laura Nakamura
COUNCILMEMBERS ABSENT: Laura Hoffmeister
CITY TREASURER PRESENT: Patti Barsotti
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Greg Taylor, Director of Information Technology; Mindy Gentry, Director of Community Development; Margaret O’Brien, Director of Finance; James Nakayama, Police Captain; Colleen Awad, Community Relations Manager; Trish Beirne, Emergency and Volunteer Services Manager; Aaron Sage, Planning Manager; Aaron Elias, Transportation Program Manager II; Himmat Bains, Senior Financial Analyst, Melissa Rea, Economic Development Specialist; Ben Ulrey, Associate Planner; Louisa Stevens, Climate Fellow

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Anonymous; Kristin Diaz, Concord; Mike Hall, Concord

PUBLIC COMMENT PERIOD
No public comment was received.

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

BUSINESS RECOGNITION AWARDS – Concord Aquarium, The Flipper Room, Patty’s Original Cheese Zombies, and Blue Oak Square (Building Design)
Public comment was received from an anonymous speaker.

JOHN MUIR HEALTH UPDATE
No public comment was received.

4.a

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City Council Minutes March 10, 2026
2 TREASURER’S REPORT – October 1 – December 31, 2025
City Treasurer Barsotti presented the report.

No public comment was received.

The City Council received the Treasurer’s Report for the period October 1 – December 31, 2025.

CITY COUNCIL CONSENT CALENDAR
No public comment was received.

APPROVE MINUTES – February 24, 2026, Special and Regular Meetings A motion was made by Benavente and seconded by Obringer to approve the minutes from the February 24, 2026, Special and Regular Meetings. The motion passed by the following vote of the Council:

AYES: Aliano, Benavente, Obringer, Nakamura NOES: None ABSENT: Hoffmeister ADOPT ORDINANCE NO. 26-425.1 – Amending Title 18 (Development Code) adding Chapter 18.120 (Affirmatively Furthering Fair Housing Overlay District) This item was pulled from consideration on the Consent Calendar by Mayor Nakamura.

Public comment was received by:

Kristin Diaz, Concord
Mike Hall, Concord
A motion was made by Nakamura and seconded by Obringer to adopt Ordinance No. 26-425.1 entitled, “An Ordinance Amending Title 18 (Development Code), Chapters 18.15 (Zoning Districts and Zoning Map), 18.25 (Development and Land Use Approvals), 18.30 (Residential Districts), 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 28 Acres to Apply the Affirmatively Fair Housing Overlay District (PL25166 – MC).” Ordinance No. 26-425.1 was introduced on February 24, 2026, by reading of the title only and waiving further reading. The motion passed by the following vote of the Council:

AYES: Aliano, Benavente, Obringer, Nakamura NOES: None ABSENT: Hoffmeister ADOPT RESOLUTION NO. 26-5 – Establish Annual Parcel Assessment for FY 2026-27 for Drainage and National Pollutant Discharge Elimination System (NPDES) Program A motion was made by Benavente and seconded by Obringer to adopt Resolution No. 26-5 entitled, “A Resolution Authorizing the Contra Costa County Flood Control & Water Conservation District to Establish an Annual Parcel Assessment for Fiscal Year 2026-27 for Drainage Maintenance and National Pollutant Discharge Elimination System (NPDES) Program.” The motion passed by the following vote of the Council:

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

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City Council Minutes March 10, 2026
3 APPOINTMENT TO CENTRAL CONTRA COSTA TRANSIT AUTHORITY ADVISORY COMMITTEE (COUNTY CONNECTION) – Jeanette Green
This item was removed from consideration on the Consent Calendar by Mayor Nakamura.

No public comment was received.

A motion was made by Obringer and seconded by Aliano to recommend the appointment of Jeanette Green to serve as Concord’s Representative on the Central Contra Costa Transit Authority Advisory Committee for the remainder of a three-year term ending June 30, 2028. The motion passed by the following vote of the Council:

AYES: Aliano, Benavente, Obringer, Nakamura NOES: None ABSENT: Hoffmeister AWARD THREE FIVE-YEAR CONTRACTS – On-call traffic signal maintenance and streetlight repair services
A motion was made by Benavente and seconded by Obringer to award three, five-year contracts for on-call traffic signal maintenance and streetlight repair services in the not-to-exceed amounts of $400,000 per year to DC Electric Group, Inc., Bear Electrical Solutions, LLC., and St. Francis Electric, LLC., with the option to extend each contract for two (2) additional one (1) year periods, and authorize the Mayor to execute the contracts in a form acceptable to the City Attorney. The motion passed by the following vote of the Council:

AYES: Aliano, Benavente, Obringer, Nakamura NOES: None ABSENT: Hoffmeister Public Hearing Item on the Consent Calendar
ADOPT RESOLUTION NO. 26-4832.2 – Amending General Plan Safety and Noise Element A motion was made by Benavente and seconded by Obringer to adopt Resolution No. 26-4823.2 entitled, “A Resolution Approving an Amendment to the General Plan Safety and Noise Element to Incorporate the City’s Local Hazard Mitigation Plan by Reference to Make the City Eligible for Additional Disaster Assistance Pursuant to Government Code Section 8685.9 (AB 2140, 2006) (PL26004-GP).” The motion passed by the following vote of the Council:

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

CITY COUNCIL CONSIDERATION ITEM

GENERAL PLAN ANNUAL PROGRESS REPORT
Associate Planner Benjamin Ulrey and Climate Fellow Louisa Stevens presented the staff report.

No public comment was received.

A motion was made by Aliano and seconded by Benavente to accept the 2025 General Plan Annual Progress Report, including the Housing Element Annual Progress Report, authorize its submittal to the Governor’s Office of Land Use and Climate Innovation (“LCI”) and submittal of the Housing Element Annual Progress Report to the California Department of Housing and Community Development (“HDC”), authorize the City Manager to make minor edits prior to said submittals, and make the CEQA determinations as provided in the staff report. The motion passed by the following vote of the Council:

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

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City Council Minutes March 10, 2026
4 CORRESPONDENCE
a. Letter to Assembly Public Safety Committee Chair Schultz re: Notice of Support for AB 1632 (Johnson) - Trespass - February 24, 2026
b. Letter to US Senator Schiff re: support for White Pony Express Grant Application for Community Project Funding - March 4, 2026
c. Letter to Chair Allen, Senate Energy, Utilities and Communications Committee re: SB 1138 (Padilla) - Support - March 5, 2026
d. Agenda Item No. 3.c – John Muir Health Update PowerPoint Presentation e. Agenda Item No. 4.a – Treasurer’s Report PowerPoint Presentation f. Agenda Item No. 5.b – Ordinance No. 26-425.1 Benched Correspondence g. Agenda Item No. 6.a – 2025 General Plan Progress Report Staff Report Benched Text h. Agenda Item No. 6.a – 2025 General Plan Progress Report Benched Correspondence i. Agenda Item No. 6.a – 2025 General Plan Progress Report PowerPoint Presentation

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

Vice Mayor Aliano reported that the Infrastructure and Franchise Committee (Aliano/Hoffmeister) has been meeting to explore and identify solutions to address the City’s unfunded infrastructure needs (Tier I City Council priority) and has identified five strategies that could contribute to closing the funding gap while maintaining essential services. After review, the Committee directed staff to continue exploring one of the strategies this year, a Business License simplification measure, as simplifying Concord’s outdated 37-year-old business license could generate up to $3 million annually. He noted that the infrastructure funding gap will require multiple strategies implemented over multiple years and stated that the Committee expects to bring additional information and potentially a recommendation to Council in July.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on March 10, 2026, at 9:00 p.m.

LAURA M. NAKAMURA
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

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Staff Report
Date: March 24, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kit Jory, Director of Public Works
Prepared by: Jeff Rayos, Administrative Services Manager [email protected]
(925) 671-3446
Subject: Considering adoption of a Resolution approving the request of the City of Pleasant Hill to allow Sunvalley Mall and certain City of Concord commercial properties to be included in Pleasant Hill Landscaping and Lighting Assessment District #20, Commercial Area Landscaping and Lighting. (No fiscal impact)

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

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

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

4.b4.b4.b4.b

Page 1 of 10 ends

City Council Agenda Report
Agenda Item No. 4.b
March 24, 2026
Background
The City of Pleasant Hill has approved certain Landscaping and Lighting Assessment Districts within the City of Concord since 1988, as authorized by the Landscaping and Lighting Act of 1972. Since Pleasant Hill Assessment District #20 includes properties within the City of Concord, the inclusion of these properties in the District requires the consent of the City of Concord in accordance with Landscaping and Lighting Act of 1972 (California Streets and Highway Code §§22500-22679).

Analysis
The City of Concord has annually reaffirmed its consent for the City of Pleasant Hill to include 17 parcels (Attachment 2) within the City of Concord in Pleasant Hill’s Landscaping and Lighting District #20. The owners of Concord properties in the District have expressed no opposition. On February 2, 2026, The City of Pleasant Hill approved Resolution No. 8-26 (Attachment 2) requesting the City of Concord’s consent to ordering of improvements and assessments of costs for benefited properties in Assessment District #20. These improvements are generally described as the installation, servicing, and maintenance of public landscaping and street lighting within the district, primarily Contra Costa Boulevard which acts as the city limit. Landscaping the boulevard enhances our shared border which contributes to local economic activity for the nearby Sunvalley Mall and nearby businesses located within the City.

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

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

Public Contact
The City Council Agenda was posted.

Page 2 of 10 ends

City Council Agenda Report
Agenda Item No. 4.b
March 24, 2026
Attachments

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

2. City of Pleasant Hill Resolution No. 8-26 within the City of Concord incorporated territory and map of properties in Landscaping & Lighting Assessment District #20

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

Page 3 of 10 ends

Res No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Request of the
City of Pleasant Hill to Allow Sunvalley Mall
and Certain Other City of Concord Commercial
Properties to be Included in Pleasant Hill
Landscaping and Lighting Assessment District #20,
Commercial Area Landscaping and Lighting Resolution No. 26-XX /
WHEREAS, on July 5, 1988, by Resolution 88-99 the City of Concord authorized the City of Pleasant Hill to include portions of the City of Concord in Assessment District #20, Commercial Area Landscaping and Lighting; and
WHEREAS, it is necessary for the City of Pleasant Hill to levy the annual assessment for this commercial landscaping and lighting district in accordance with the California Streets and Highways Code §22500; and
WHEREAS, it is necessary for the City of Concord to authorize the City of Pleasant Hill to include portions of the City of Concord previously included in this landscaping and lighting district for purposes of the annual levy.

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

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

Attachment 1

Page 4 of 10 ends

Res No. 26-XX 2
This determination reflects the City’s independent judgment and analysis.

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

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

PASSED AND ADOPTED by the City Council of the City of Concord on March 24, 2026, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers –
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 on March 24, 2026.

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

Susanne Meyer Brown
City Attorney

Page 5 of 10 ends

Attachment 2

Page 6 of 10 ends

Page 7 of 10 ends

EXHIBIT “A”
TO RESOLUTION 8-26

CITY OF PLEASANT HILL COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA ASSESSMENT DISTRICT NO. 20
(COMMERCIAL AREA LANDSCAPE AND LIGHTING)
2026/2027 FISCAL YEAR

TERRITORY WITHIN THE CITY OF CONCORD

PARCEL SITUS
127-032-035-9 1130 CONTRA COSTA BLVD
127-032-038-3 1212 CONTRA COSTA BLVD
127-032-039-1 1200 CONTRA COSTA BLVD
127-032-042-5 1000 SUN V ALLEY BLVD
127-032-043-3 1050 CONTRA COSTA BLVD
127-032-044-1 1090 CONTRA COSTA BLVD
127-032-045-8 1100 CONTRA COSTA BLVD
127-032-046-6 1150 CONTRA COSTA BLVD
153-230-007-4 715 CONTRA COSTA BLVD
153-230-021-5 410 SUN V ALLEY MALL
153-230-022-3 1053 SUN V ALLEY BLVD
153-230-023-1 901 SUN V ALLEY BLVD
153-230-024-9 CONTRA COSTA BLVD
153-230-025-6 1001 SUN V ALLEY BLVD
153-250-003-8 625 CONTRA COSTA BLVD
153-250-008-7 627 CONTRA COSTA BLVD
153-250-009-5 605 CONTRA COSTA BLVD

Page 8 of 10 ends

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Page 9 of 10 ends

Page 10 of 10 ends

Staff Report
Date: March 24, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kit Jory, Director of Public Works
Prepared by: Jeff Rayos, Administrative Services Manager [email protected]
(925) 671-34465
Subject: Considering adoption of four resolutions ordering the preparation of the Engineer’s Report for the levy of annual assessments for the City’s four Landscape and Lighting
Maintenance Assessment Districts. (Maintenance District funds)
CEQA: Not a “project” under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(3), 15273, 15378, and/or 15061(b)(3).

Report in Brief
By ordering the preparation of the Engineer's Reports, the City Council will initiate the process required by the Landscaping and Lighting Act of 1972 (Streets and Highways Code) and Proposition 218 to reconfirm for the 2026-27 Fiscal Year the Downtown Landscape Maintenance District, Pine Hollow Landscape and Lighting Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District (collectively, the “Districts”) which are administered by the City.

Recommended Action
Adopt the attached four resolutions ordering preparation of the Engineer’s Reports for the Downtown Landscape Maintenance District, Pine Hollow Landscape and Lighting Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District for FY 2026-27 and make the CEQA determinations as provided in this staff report.

4.c4.c4.c4.c4.c4.c

Page 1 of 17 ends

City Council Agenda Report
Agenda Item No. 4.c
March 24, 2026
Background
The City of Concord administers the Downtown Landscape Maintenance District, Pine Hollow Landscape and Lighting Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District.

Property owners in each district pay an annual assessment on their property tax bill for the maintenance of common area landscaping or lighting.

Each year, the City Council levies the assessments and reconfirms the Districts by a series of Resolutions and Public Hearing. The process, which is set by the Landscaping and Lighting Act of 1972 (Streets and Highways Code) and Proposition 218, includes the following steps:

1. Council adopts resolutions ordering the preparation of the Engineer’s Report – March 24, 2026.

2. Council accepts 2026-27 Preliminary Engineer’s Reports – April 28, 2026.

3. Council adopts resolution of intention; ordering improvements and sets public hearing – April 28, 2026.

4. Council conducts public hearing and then adopts resolution Confirming the District and Levying the Assessments for FY 2026-27– May 26, 2026.

Upon City Council approval, the Fiscal Year 2025-26 assessments for the Districts will be submitted to the County Auditor’s office for placement on the property roll. The assessments will be paid by property owners at the same time and in the same manner as other general property taxes.

Analysis
Downtown Landscape Maintenance District
The Downtown Landscape Maintenance District was formed in 1983 and includes 798 assessable parcels. Assessments are based on a formula that includes location, square footage, and street frontage.

Landscape maintenance services are currently provided by the City of Concord Public Works Department for FY 2025-26, with the exception of flower pots and certain medians which are maintained by a professional landscape contractor. The City does not anticipate making any changes to the provided landscape maintenance services for FY 2026-27.

A successful Proposition 218 balloting was conducted in June 2007 to increase the annual assessment in the Downtown Landscape Maintenance District. The adopted increase included an annual assessment adjustment based on the Consumer Price Index not to exceed 5% for each year thereafter to maintain the current level of service.

At this time, City staff does not anticipate any new improvements or substantial changes in existing improvements within the boundaries of the District.

Page 2 of 17 ends

City Council Agenda Report
Agenda Item No. 4.c
March 24, 2026
Pine Hollow Landscape and Lighting Maintenance District The Pine Hollow Landscape and Lighting Maintenance District was formed in 1985 and includes 401 parcels. Assessments are based on the square footage of each dwelling.

Landscape maintenance services are currently provided by a professional landscape maintenance company. At this time, City staff does not anticipate any new improvements or substantial changes in existing improvements within the boundaries of the District.

Landscaping and Lighting Maintenance District No. 3
The Landscaping and Lighting Maintenance District No. 3 is comprised of the following four specific benefit zones. Staff designed landscaping improvements for areas on Kirkwood Drive and are preparing to put the work out to bid. At this time, City staff does not anticipate any other new improvements or substantial changes in existing improvements within the boundaries of the District.

Kirkwood
The Kirkwood zone includes 468 single-family parcels. The total assessment is divided equally among each single-family residential parcel. Landscape maintenance services are currently provided by a professional landscape maintenance company.

Ygnacio Woods
FY 1995-96 was the first full year of operation for Ygnacio Woods. Landscape services for the common areas in this development of 35 parcels are provided by the City of Concord Public Works Department.

A successful Proposition 218 balloting was conducted in June 2005 to increase the annual assessment in the Ygnacio Woods Benefit Zone. The adopted increase included an annual assessment adjustment based on the Consumer Price Index to maintain the current level of service.

Balhan Terrace and Valley Terrace
These two small areas are included in Landscaping and Lighting Maintenance District No. 3 for the purpose of street lighting. These benefit zones, which were formed prior to Proposition 13, continue to receive a share of ad valorem property tax funds from the State. These funds and the accumulated interest are sufficient to maintain these Districts.

Citywide Street Lighting District
The Concord Citywide Street Lighting Assessment District was formed in FY 1988-89 for the purpose of funding the installation and maintenance or servicing of public lighting facilities in public places within the District. The District includes all parcels of land within the incorporated limits of the City of Concord that benefit from streetlights on public streets.

Page 3 of 17 ends

City Council Agenda Report
Agenda Item No. 4.c
March 24, 2026
Environmental Determination
Not a “project” under Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(3),15273, and/or 15378 because this is not an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that they consist of the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In the alternative, the activities are exempt under Guidelines Section 15061(b)(1) because they are statutorily exempt and/or CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activities in question may have a significant effect on the environment.

Financial Impact
The City of Concord Landscape and Lighting Assessment Districts are separate from the City’s General Fund. The impact of any proposed changes to District budgets on the assessments of individual property owners will be known at the time the Engineer’s Reports are filed. The Assessment Districts' engineering services will be paid from District funds.

Public Contact
The City Council Agenda was posted. Property owners will be notified of informational landscape district meetings which will be scheduled in April.

Attachments

1. Resolution – Downtown Landscape Maintenance District

2. Resolution – Pine Hollow

3. Resolution – Maintenance District No. 3

4. Resolution – Citywide Street Lighting

5. Landscape and Lighting District Maps

Page 4 of 17 ends

Res No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Ordering the Preparation of an
Engineer’s Report for the Downtown Landscape
Maintenance District Resolution No. 26-XX
/
WHEREAS, the City Council, by Resolution No. 83-132, established the Downtown Landscape Maintenance District, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.); and WHEREAS, the improvements within said District may include the installation or planting of landscaping, the installation of parks or recreational improvements, the construction of any facilities which are necessary or convenient for the maintenance or servicing thereof, and the maintenance or servicing of any of the foregoing; and
WHEREAS, in order to levy and collect an annual assessment for the Downtown Landscape Maintenance District, it is necessary for the City to comply with the Streets and Highways Code, Section 22620, et seq; and
WHEREAS, the Streets and Highways Code Section 22622 requires the legislative body to adopt a resolution which generally describes any proposed new improvements or substantial changes in existing improvements and orders the engineer to prepare and file a report pursuant to Section 22565 of this Code; and
WHEREAS, the City Council, at its meeting on March 24, 2026, received a report from the Public Works Director advising the City Council that City staff does not anticipate any new improvements or substantial changes in existing improvements within the District, thus necessitating only preparation of an Engineer’s Report.

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

Section 1. Pursuant to Streets and Highways Code Section 22622 et seq. the City Council determines that no new improvements or any substantial changes in existing improvements are Attachment 1

Page 5 of 17 ends

Res No. 26-XX 2
anticipated within the boundaries of the Downtown Landscape Maintenance District, but that it will be necessary to levy and collect an assessment within said District. Thus, the City Council orders the Public Works Director to contract with an engineer to prepare and file a report in accordance with Streets and Highways Code Section 22565, et seq.

Section 2. Upon completion of the Engineer’s Report, it shall be filed with the City Clerk for submission to the City Council for its acceptance or modification by April 28, 2026.

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

PASSED AND ADOPTED by the City Council of the City of Concord on March 24, 2026, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
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 on March 24, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Page 6 of 17 ends

Res No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Ordering the Preparation of an
Engineers Report for the Pine Hollow Landscape and
Lighting Maintenance District Resolution No. 26-XX
/
WHEREAS, the City Council, by Resolution No. 85-15, established the Pine Hollow Landscape and Lighting Maintenance District, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.); and WHEREAS, the improvements within said District may include the installation or planting of landscaping, the installation of parks or recreational improvements, the construction of any facilities which are necessary or convenient for the maintenance or servicing thereof, and the maintenance or servicing of any of the foregoing; and
WHEREAS, in order to levy and collect an annual assessment for the Pine Hollow Landscape and Lighting Maintenance District, it is necessary for the City to comply with the Streets and Highways Code, Section 22620, et seq.; and
WHEREAS, the Streets and Highways Code Section 22622 requires the legislative body to adopt a resolution which generally describes any proposed new improvements or substantial changes in existing improvements and orders the engineer to prepare and file a report pursuant to Section 22565 of this Code; and
WHEREAS, the City Council, at its meeting on March 24, 2026, received a report from the Public Works Director advising the City Council that City staff does not anticipate any new improvements or substantial changes in existing improvements within the District, thus necessitating only preparation of an Engineer's Report.

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

Section 1. Pursuant to Streets and Highways Code Section 22622 et seq. the City Council determines that no new improvements or any substantial changes in existing improvements are Attachment 2

Page 7 of 17 ends

Res No. 26-XX 2
anticipated within the boundaries of the Pine Hollow Landscape and Lighting Maintenance District, but that it will be necessary to levy and collect an assessment within said District. Thus, the City Council orders the Public Works Director to contract with an engineer to prepare and file a report in accordance with Streets and Highways Code Section 22565, et seq.

Section 2. Upon completion of the Engineer’s Report, it shall be filed with the City Clerk for submission to the City Council for its acceptance or modification by April 28, 2026.

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

PASSED AND ADOPTED by the City Council of the City of Concord on March 24, 2026, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Page 8 of 17 ends

Res No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Ordering the Preparation of an
Engineer’s Report for the Landscape and Lighting
Maintenance District No. 3 Resolution No. 26-XX
/
WHEREAS, the City Council, by Resolution No. 79-6202, established the Landscaping and Lighting Maintenance District No. 3, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.); and WHEREAS, the improvements within said District may include the installation or planting of landscaping, the installation of parks or recreational improvements, the construction of any facilities which are necessary or convenient for the maintenance or servicing thereof, and the maintenance or servicing of any of the foregoing; and
WHEREAS, in order to levy and collect an annual assessment for the Landscaping and Lighting Maintenance District No. 3, it is necessary for the City to comply with the Streets and Highways Code, Section 22620, et seq.; and
WHEREAS, the Streets and Highways Code Section 22622 requires the legislative body to adopt a resolution which generally describes any proposed new improvements or substantial changes in existing improvements and orders the engineer to prepare and file a report pursuant to Section 22565 of this Code; and
WHEREAS, the City Council, at its meeting on March 24, 2026, received a report from the Public Works Director advising the City Council that City staff does not anticipate any new improvements or substantial changes in existing improvements within the District thus necessitating only preparation of an Engineer's Report.

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

Section 1. Pursuant to Streets and Highways Code Section 22622 et seq. the City Council determines that no new improvements or any substantial changes in existing improvements are anticipated within the boundaries of the Landscaping and Lighting Maintenance District No. 3, but Attachment 3

Page 9 of 17 ends

Res No. 26-XX 2
that it will be necessary to levy and collect an assessment within said District. Thus, the City Council orders the Public Works Director to contract with an engineer to prepare and file a report in accordance with Streets and Highways Code Section 22565, et seq.

Section 2. Upon completion of the Engineer’s Report, it shall be filed with the City Clerk for submission to the City Council for its acceptance or modification by April 28, 2026.

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

PASSED AND ADOPTED by the City Council of the City of Concord on March 24, 2026, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Page 10 of 17 ends

Res No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Ordering the Preparation of an
Engineer's Report for the Citywide Street Lighting
Assessment District Resolution No. 26-XX
/
WHEREAS, the City Council, by Resolution No. 88-46, established the Citywide Street Lighting Assessment District, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.); and WHEREAS, the improvements within said street lighting assessment district include:
initiation, maintenance or servicing of public lighting facilities in public places, and incidental expenses associated therewith. Public lighting facilities consist exclusively of pole mounted street lights within the public right-of-way of the City of Concord; and WHEREAS, in order to levy and collect an annual assessment for the Citywide Street Lighting Assessment District, it is necessary for the City to comply with the Streets and Highways Code, Section 22620, et seq.; and
WHEREAS, the Streets and Highways Code Section 22622 requires the legislative body to adopt a resolution which generally describes any proposed new improvements or substantial changes in existing improvements and orders the engineer to prepare and file a report pursuant to Section 22565 of this Code; and
WHEREAS, the City Council, at its meeting on March 24, 2026, received a report from the Public Works Director advising the City Council that City staff does not anticipate any new improvements or substantial changes in existing improvements within the District, thus necessitating only preparation of an Engineer's Report.

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

Section 1. Pursuant to Streets and Highways Code Section 22622 et seq. the City Council determines that no new improvements or any substantial changes in existing improvements are Attachment 4

Page 11 of 17 ends

Res No. 26-XX 2
anticipated within the boundaries of the Citywide Street Lighting Assessment District, but that it will be necessary to levy and collect an assessment within said District. Thus, the City Council orders the Public Works Director to contract with an engineer to prepare and file a report in accordance with Streets and Highways Code Section 22565, et seq.

Section 2. Upon completion of the Engineer's Report, it shall be filed with the City Clerk for submission to the City Council for its acceptance or modification by April 28, 2026.

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

PASSED AND ADOPTED by the City Council of the City of Concord on March 24, 2026, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on March 24, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Page 12 of 17 ends

Prepared by Francisco & Associates, Inc.
¯

EAST ST

DIAMOND BLVD

GALAXY WAY
OAK ST
RIDGE

BURNETT AVE

GRANT ST

COMMERCE AVE

BROADWAY ST

BONIFACIO

WILLOW PASS RD

BONIFACIO STCONCORD AVE

SALVIO ST
DAVID

CONCORD AVE
DAVID
FREEWAY INTERSTATE 680

CLAYTON RD
STATE HIGHWAY 242

CLAYTON RD

WILLOW PASS RD
STATE HIGHWAY 242
STATE HIGHWAY 242

CONCORD BLVD

PORT CHICAGO HWY
LEGEND
District Boundaries
Concord City Limit
Downtown Landscape
Maintenance District
Attachment No. 5

Page 13 of 17 ends

Attachment No. 5

Page 14 of 17 ends

Attachment No. 5

Page 15 of 17 ends

Attachment No. 5

Page 16 of 17 ends

CLAYTON RD

TREAT BLVD

CONCORD AVE

WILLOW PASS RD

BAILEY RD

YGNACIO VALLEY RD

MONUMENT BLVD TREAT BLVD

CONCORD BLVD
U.S. Naval
Weapons Station

KIRKER PASS RD

PORT CHICAGO HWY
City of Concord
Citywide Street Lighting Assessment District
NOTE:

Boundaries of Citywide Street
Lighting Assessment District
are contiguous with the City Limits.
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Concord City Limit
& District Boundary
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Page 18 of 18 ends

Attachment No. 5

Page 17 of 17 ends

Staff Report
Date: March 24, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Aaron Sage, Planning Manager
Prepared by: Frank Abejo, Principal Planner
[email protected]
(925) 671-3128
Subject: Considering adoption of a Resolution approving a Use Permit Amendment to reduce the length of a required perimeter
masonry wall for the Shell Gas Station Expansion at 1500 Concord Avenue (APN 126-043-034; PL26022 – UPA).

Report in Brief
The City Council (“Council”) is requested to adopt a Resolution approving a Use Permit Amendment for the Shell Gas Station Expansion at 1500 Concord Avenue, which the Council approved on April 27, 2021. The requested amendment would reduce the length of a required masonry wall along the property line adjoining 2180 Market Street from approximately 197 feet to approximately 120 feet. The applicant has requested the amendment to avoid creating maintenance and access issues due to a narrow gap between the wall and an existing building on the adjoining property.

4.d4.d4.d4.d4.d4.d4.d

Page 1 of 15 ends

City Council Agenda Report
Agenda Item No. 4.d
March 24, 2026
Recommended Action
Adopt a Resolution (Attachment 1) approving a Use Permit Amendment to reduce the length of a required perimeter masonry wall for the Shell Gas Station Expansion at 1500 Concord Avenue.

Background
On April 27, 2021, the Council approved various legislative amendments and land use and development permits1 to allow expansion of the Shell Gas Station at 1500 Concord Avenue (“Approved Project”). The Approved Project, which is currently under construction, expands the gas station with a 3,541-square-foot convenience store, a 1,121-square-foot car wash, and a 2,741-square-foot fuel canopy.

The approved plans include a six-foot-tall masonry wall approximately 197 feet in length located along the project site’s south property line, adjoining 2180 Market Street (see site plan, Attachment 2). This wall was meant to provide an appropriate transition between the outdoor operations of the gas station and the abutting property, in accordance with Concord Development Code (“CDC”) Section 18.150.180 (Transitional Requirements). This code section states the wall is required “unless otherwise approved by the review authority.”
On December 4, 2025, Gursharnjeet Cheema (“Applicant”) filed the requested Use Permit Amendment to remove a 77-foot section of wall running parallel to, and 17 inches from, the back side of Elite Auto Body & Collision Center’s building at 2180 Market Street. The modified wall and photos of Elite Auto’s building are included as Attachments 3 and 4, respectively. The wall’s design is shown in Attachment 5 and features a cement plaster finish painted to match the convenience store building color (a tan-like color) with a decorative wall cap/cornice.

On February 12, 2026, the application for this amendment was deemed complete.

Discussion
The Applicant is concerned with the maintenance and access issues created by a narrow 17-inch gap between the masonry wall and the neighboring building. The Applicant initially planned to avoid this gap by having the wall turn and connect to the corner of Elite Auto’s building. However, the adjoining property owner has requested that no part of the wall be constructed on their property.

The CDC allows the Council, as the decision-making authority on the Approved Project, to waive or modify the transitional requirement by making any of the findings below.

1. The relationship of the proposed uses makes screening unnecessary. 1 Council approved a General Plan Amendment, Rezoning, Specific Plan Amendment, Use Permit, Variance, Minor Exception, and Design and Site Review.

Page 2 of 15 ends

City Council Agenda Report
Agenda Item No. 4.d
March 24, 2026

2. The intent of the requirement can be better met by alternative screening methods, including site planning, building orientation, additional setbacks, and landscaping.

3. Physical characteristics and/or constraints on the site make the required screening infeasible or impractical.

The request meets findings 2 and 3 for the following reasons:
• The solid concrete wall of Elite Auto’s building is much taller than, and is a superior screening alternative to, the masonry wall.
• Constructing the masonry wall as approved would create a narrow gap between the wall and the neighboring building, limiting access and making it difficult to remove debris and provide vector control (e.g. mosquito abatement).

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 Approved Project was analyzed through an Addendum to the 2012 Supplemental Environmental Impact Report (SEIR) for the Concord 2030 Urban Area General Plan (2030 General Plan) Final Environmental Impact Report (General Plan EIR) and the Council on April 27, 2021, determined the Approved Project was adequately analyzed in the 2012 SEIR and adopted the Addendum. The proposed wall modification is consistent with the Approved Project for which the Addendum to the 2012 SEIR was adopted because it is a minor change to the site plan that will not materially change the Approved Project.

Alternatively, the wall modification does not constitute a “project” Concord 2030 Urban Area General Plan (2030 General Plan) Final Environmental within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2) and/or 15378, because there is no potential that the action will result in a direct or reasonably foreseeable indirect or direct physical change in the environment. Moreover, even if the recommended action did comprise a project for CEQA analysis, it would fall within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), which excludes projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The wall modification is also categorically exempt pursuant to CEQA Guidelines sections 15301 (“Existing Facilities”), 15303 (“New Construction or Conversion of Small Structures”), and 15304 (Minor Land Alterations to Land). No unusual circumstances exist.

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

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City Council Agenda Report
Agenda Item No. 4.d
March 24, 2026
Public Contact
The City Council Agenda was posted at City Hall and on the City’s website. Notification was mailed to all owners and occupants of property within 500 feet of the subject parcels and posted at the subject site at least 10 days prior to the public hearing, and the item has been published in the East Bay Times, as required by the Concord Municipal Code.

Attachments

1. Resolution Approving a Use Permit Amendment to Reduce the Length of a Required Perimeter Masonry Wall
Exhibit A – Conditions of Approval

2. Approved Wall

3. Proposed Wall

4. Photo

5. Wall Design

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Res. No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving a Use Permit Amendment to
Reduce the Length of a Required Perimeter Masonry
Wall for the Shell Gas Station Expansion at 1500
Concord Avenue (APN 126-043-034; PL26022 – UPA)
Resolution No. 26-XX
/
WHEREAS, on April 27, 2021, the City Council approved a General Plan Amendment, Rezoning, Specific Plan Amendment, Use Permit, Variance, Minor Exception, and Design and Site Review for the Shell Gas Station Expansion consisting of an approximately 3,541 square foot convenience store, 1,121 square foot car wash with 539 square foot detail bay, and a new 2,741 square foot fuel canopy at 1500 Concord Avenue (“Approved Project”); and WHEREAS, the Approved Project was subject to a condition of approval requiring the project to be constructed in conformance with approved plans and exhibits; and WHEREAS, the approved plans included a site plan, civil plan, and landscape plan that showed the construction of a six-foot-tall masonry wall approximately 197 feet in length located along the project site’s south property line; and
WHEREAS, the masonry wall was intended to provide an appropriate transition between the gas station and abutting property, in accordance with Concord Development Code (“CDC”) Section

18.150.180, Transitional Requirements; and
WHEREAS, CDC Section 18.150.180.D.4 allows the review authority to waive or accept an alternate method of compliance with the transitional requirements; and WHEREAS, on December 4, 2025, Muthana Ibrahim on behalf of Gursharnjeet Cheema (“Applicant”), submitted a Use Permit Amendment to forego constructing approximately 77 feet of the required masonry wall; and
WHEREAS, on February 12, 2026, the application was deemed complete; and WHEREAS, on March 24, 2026, after giving all public notices required by state law and the Concord Municipal Code, the City Council held a duly noticed public hearing on the request; and Attachment 1

Page 5 of 15 ends

Res. No. 26-XX 2
WHEREAS, at such public hearing, the City Council considered all testimony and information received at the public hearing, the oral report from City staff, the written report from City staff dated March 24, 2026, exhibits presented, pertinent plans and documents, and other materials and information contained in the record of proceedings, which are maintained at the offices of the City of Concord Planning Division and the City Clerk’s office at City Hall, 1950 Parkside Drive, Concord, CA 94519 (collectively, “City Council Project Information”); and WHEREAS, on March 24, 2026, the City Council declared its intent to approve, and hereby does approve, the Use Permit Amendment to reduce the length of a perimeter masonry wall required for the Shell Gas Station Expansion.

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

Section 1.

1. The recitals above are true and correct and are incorporated herein by reference. The recitals constitute findings in this matter, and together with the City Council Project Information, serve as adequate and appropriate evidentiary basis for the findings and recommendations set forth in this Resolution.

Section 2. CEQA

2. 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 Approved Project was analyzed through an Addendum to the 2012 Supplemental Environmental Impact Report (SEIR) for the Concord 2030 Urban Area General Plan (2030 General Plan) Final Environmental Impact Report (General Plan EIR) and the Council on April 27, 2021, determined the Approved Project was adequately analyzed in the 2012 SEIR and adopted the Addendum. The proposed wall modification is consistent with the Approved Project for which the Addendum to the 2012 SEIR was adopted because it is a minor change to the site plan that will not materially change the Approved Project. Alternatively, the wall modification does not

Page 6 of 15 ends

Res. No. 26-XX 3
constitute a “project” Concord 2030 Urban Area General Plan (2030 General Plan) Final Environmental within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2) and/or 15378, because there is no potential that the action will result in a direct or reasonably foreseeable indirect or direct physical change in the environment. Moreover, even if the recommended action did comprise a project for CEQA analysis, it would fall within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), which excludes projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The wall modification is also categorically exempt pursuant to CEQA Guidelines sections 15301 (“Existing Facilities”), 15303 (“New Construction or Conversion of Small Structures”), and 15304 (Minor Land Alterations to Land). No unusual circumstances exist. Accordingly, no further environmental review is required. This determination reflects the City’s independent judgment and analysis.

Section 3. Use Permit Amendment

3. The intent of the transitional requirement can be better met by alternative screening methods, including site planning, building orientation, additional setbacks, and landscaping.

The solid concrete wall of the adjacent building at 2180 Market Street is much taller than, and is a superior screening alternative to, the masonry wall.

4. Physical characteristics and/or constraints on the site make the required screening infeasible or impractical. Constructing the masonry wall as approved would create a narrow gap between the wall and the neighboring building, limiting access and making it difficult to remove debris and provide vector control (e.g. mosquito abatement) Section 4.

This resolution shall become effective immediately.
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Res. No. 26-XX 4
PASSED AND ADOPTED by the City Council of the City of Concord on March 24, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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 on March 24, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
____________________________
Susanne Meyer Brown
City Attorney
Exhibit A: Draft Conditions of Approval

Page 8 of 15 ends

Exhibit A to Attachment 1
DRAFT

CONDITIONS OF APPROVAL

SHELL GAS STATION WALL MODIFICATION
PL26022 – UPA
1500 CONCORD AVENUE
APNS: 126-043-034

PERMIT DESCRIPTION

1. These Conditions of Approval apply to and constitute the approval of a Use Permit Amendment to modify a masonry wall to be constructed along the south property line shared with 2180 Market Street from a length of 197 feet to 120 feet. Construction of the wall shall conform with the exhibits prepared by M I Architects, Inc., received by the City of Concord on February 12, 2026.

2. Except as modified above, construction of the Shell Gas Station Expansion shall comply with Resolution No. 21-28 adopted by the Concord City Council on April 27, 2021, and the Conditions of Approval referenced therein as Exhibit A.

3. The applicant shall defend (with counsel approved by City), indemnify and hold harmless the City, any agency or instrumentality thereof, and its/their respective agents, officers, officials, volunteers, and employees from and against any and all administrative and/or legal claims, actions or proceedings to attack, set aside, void, or annul approval of the project, including without limitation, any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”), with the exception of a Challenge arising out of the City’s sole negligence or willful misconduct. The City shall have the right to pre-approve any material decision involved in defending any such Challenge, including settlement, and may (but is not obligated to) participate in the defense of any Challenge. If applicant does not promptly defend any Challenge, City may (but is not obligated to) defend such Challenge as City, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense. The applicant shall bear any and all losses, damages, injuries, liabilities, costs, and expenses (including, without limitation, staff time and in-house attorney's fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Developer, City, or awarded to any third party, and shall pay to the City upon demand any Costs incurred by the City. No modification of the project, any application, permit, certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation. Pursuant to Government Code Section 66474.9, the applicant’s indemnification obligation with respect to any claim, action or proceeding to attack, set aside, void, or annul an approval of City concerning a subdivision (tentative, parcel, or final map application or approval) shall be limited to actions brought within the time period provided for in Government Code Section 66499.37, unless such time period is extended for any reason. The City shall promptly notify applicant of any Challenge, and shall cooperate fully in the defense. (CA)

Page 9 of 15 ends

Exhibit A to Attachment 1

4. The permit and approval shall expire in one year from the date on which they became effective unless construction permits are obtained and work has begun. The effective date of the permit and approval is March 24, 2026. (PLNG)

5. A request for a time extension from the expiration date of March 24, 2026, can be considered if an application with required fee is filed at least 45 days before the original expiration date, otherwise a new application is required. A public hearing will be required for all extension applications, except those involving only Design Review. Extensions are not automatically approved. Changes in conditions, City policies, surrounding neighborhood, and other factors permitted to be considered under the law, may require, or permit denial. (PLNG)

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Approved Wall
Elite Auto Building
Attachment 2

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Proposed Wall
Elite Auto Building
Attachment 3

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Elite Auto Body & Collision
Building
Approximate Wall Span To Be Eliminated
Attachment 4

Page 13 of 15 ends

AFENCE ELEVATIONXHBT-C

SHELL GAS STATION, CARWASH &

CONVENIENCE STORE
1500 CONCORD AVE
CONCORD, CA 94520

NOT FOR

CONSTRUCTION
M I Architects, Inc.

Attachment 5

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Fence (1500 concord Ave)
Fence elevation
A

Page 15 of 15 ends

Staff Report
Date: March 24, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Aaron Sage, Planning Manager
Prepared by: Ryan Lenhardt, Senior Planner
[email protected]
(925) 671-3162
Subject: Considering adoption of a Resolution approving the street names “Hidden Willow Way," “Meadow Ridge Court,” and
“Laurel Leaf Court” for Subdivision No. 9729, located at 1836 Clayton Way.

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

Report in Brief
On October 24, 2023, the City Council approved various entitlements1 for a small lot development (previously “Buttonwood Village Subdivision,” now “Hidden Willow Place Subdivision”) with 14 single-family detached homes on a 1.67-acre site located at 1836 Clayton Way (“Project”). The Final Map for the Project is tentatively scheduled for consideration by the City Council in April 2026. Per the City’s Subdivision Ordinance and street naming procedures, proposed street names for a subdivision Project are reviewed and approved by the City.
1 These were: Tentative Map, Density Bonus with one concession and eight reductions of development standards, Planned Unit Development Use Permit, Design and Site Review, and Tree Removal Permit.

4.e4.e4.e4.e

Page 1 of 10 ends

City Council Agenda Report
Agenda Item No. 4.e
March 24, 2026
Recommended Action
Adopt a Resolution (Attachment 1) approving the street names “Hidden Willow Way,” “Meadow Ridge Court,” and “Laurel Leaf Court” for Subdivision No. 9729, located at 1836 Clayton Way.

Background
On July 5, 2023, the Planning Commission approved the Project subject to conditions, and on July 17, 2023, Ivan Gomez appealed this decision to the City Council. On October 24, 2023, the City Council denied the appeal and unanimously approved (4-0, Obringer absent) the Project subject to conditions of approval.

On February 6, 2026, the Project developer, Lenox Homes, submitted a street name request for the Project’s new streets as required by the conditions of approval. On February 9, 2026, the Planning Division forwarded the request to the City’s street naming committee, which reviews new development proposals in Concord, and includes internal City departments neighboring cities, cable providers, the Chamber of Commerce, Contra Costa Fire Protection District, Contra Costa Water District, PG&E, and the U.S. Postal Service.

The proposed street names are “Hidden Willow Way,” “Meadow Ridge Court,” and “Laurel Leaf Court.” The Project’s main access road from Clayton Way will be named Hidden Willow Way, and Lots 6 through 9 will be addressed from this roadway. Two separate cul-de-sacs branching from Hidden Willow Way will be named Meadow Ridge Court serving Lots 1–5 and Laurel Leaf Court serving Lots 10–14. If any of these names are not acceptable, the applicant has proposed the following as alternate names:
“Hidden Leaf Way,” “Golden Poppy Court,” and “Blue Oak Court” respectively.

Analysis
As required by Section 17.20.030(17) of the Concord Municipal Code, to avoid conflicting or duplicate street names staff circulated the proposed names to various City departments and other agencies for review, including the Police Department, the Contra Costa County Fire Protection District, and the U.S. Postal Service. Chapter 17.20 of Concord Municipal Code also requires the City Council to consider and approve street names for all major subdivisions.

No substantive comments were received from the City’s street naming committee and staff is recommending approval of the requested names.

Financial Impact
The selection of street names has no fiscal impact on the City.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14,

Page 2 of 10 ends

City Council Agenda Report
Agenda Item No. 4.e
March 24, 2026
Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the City Council previously determined on October 24, 2023, as part of its review and approval of the Project, that the Project was exempt from CEQA, pursuant to CEQA Guidelines Section 15332 (Infill Development Projects). A Notice of Exemption was filed on October 26, 2023. The subject street names do not change the Project and all findings, terms, and/or conditions of approval remain in full force and effect. Accordingly, the naming of a street does not constitute a “project” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), or 15378 because there is no potential that the activity will result in a reasonably foreseeable indirect or direct physical change in the environment. Even if the street naming 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…” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. Therefore, the proposed street naming does not warrant further environmental review. This reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachment

1. City Council Resolution approving the street names “Hidden Willow Way,” “Meadow Ridge Court,” and “Laurel Leaf Court”
Exhibit A – Street Name Exhibit

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Res No. 26-xx 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Street Names
“Hidden Willow Way,” “Meadow Ridge Court,”
and “Laurel Leaf Court” for Subdivision No.
9729, Located at 1836 Clayton Way
Resolution No. 26-XX
/
WHEREAS, on July 11, 2017, the City Council adopted Ordinance No. 17-9 amending the Subdivision Ordinance, requiring the City Council’s review and approval of street naming for all subdivisions, prior to final map approval; and
WHEREAS, on July 5, 2023, the Planning Commission adopted Resolution No. 23-08 PC approving the Buttonwood Village Tentative Map, Density Bonus with one concession and eight reductions of development standards, Planned Development Use Permit, Design and Site Review, and Tree Removal Permit for a small lot development with 14 single-family detached homes on a 1.67- acre site located at 1836 Clayton Way (referred to hereinafter as the “Project”); and WHEREAS, on July 17, 2023, Ivan Gomez filed a Notice of Appeal of the Planning Commission’s approval of the Project; and
WHEREAS, on October 24, 2023, the City Council adopted a Resolution denying the appeal and approved the Project; and
WHEREAS, on February 6, 2026, the Project developer, Lenox Homes, submitted a request for new street names for the Project, and on February 9, 2026, the item was routed to the City’s street naming committee, which reviews new development proposals in Concord, and includes internal City departments, neighboring cities, cable providers, the Chamber of Commerce, Contra Costa Fire Protection District, Contra Costa Water District, PG&E, and the U.S. Postal Service; and WHEREAS, the provisions of Section 17.20.030(b)(17) of the Concord Municipal Code regarding street names have been satisfied; and
WHEREAS, no substantive comments regarding the preferred street names were received from the City’s street naming committee; and
Attachment 1

Page 4 of 10 ends

Res No. 26-xx 2
WHEREAS, the proposed street names of “Hidden Willow Way,” “Meadow Ridge Court,” and “Laurel Leaf Court” are being brought to the City Council for review and approval, in conformance with the Subdivision Ordinance; and
WHEREAS, on March 24, 2026, the City Council, at a duly-notice regular meeting, considered and reviewed the proposed street names; and
WHEREAS, on March 24, 2026, after consideration of all pertinent plans, documents, reports, and oral and written testimony received at the public meeting, the City Council declared its intent to approve the street names for Subdivision No. 9729 as “Hidden Willow Way,” “Meadow Ridge Court,” and “Laurel Leaf Court.”

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

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

Section 2. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the City Council previously determined on October 24, 2023, as part of its review and approval of the Project, that the Project was exempt from CEQA, pursuant to CEQA Guidelines Section 15332 (Infill Development Projects). A Notice of Exemption was filed on October 26, 2023. The subject street names do not change the Project and all findings, terms, and/or conditions of approval remain in full force and effect. Accordingly, the naming of a street does not constitute a “project” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), or 15378 because there is no potential that the activity will result in a reasonably foreseeable indirect or direct physical change in the environment. Even if the street naming 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

Page 5 of 10 ends

Res No. 26-xx 3
significant effect on the environment…” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. Therefore, the proposed street naming does not warrant further environmental review. This reflects the City’s independent judgment and analysis.

Section 3. The City Council has reviewed, considered, and evaluated all of the pertinent information prior to acting upon this Resolution.

Section 4. The documents and other materials that constitute the record of proceedings upon which the City Council has based its recommendation are located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.

Section 5. The City Council hereby approves the street names as “Hidden Willow Way,” “Meadow Ridge Court,” and “Laurel Leaf Court” for Subdivision 9729 on the Final Map (Exhibit A).

Section 6. This Resolution shall become effective immediately upon its passage and adoption and shall remain effective until amended, superseded, or repealed by a separate resolution adopted by the City Council.
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Res No. 26-xx 4
PASSED AND ADOPTED by the City Council of the City of Concord on March 24, 2026, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Susanne Meyer Brown
City Attorney
Exhibit A: Street Name Exhibit

Page 7 of 10 ends

SHEET 4 OF 5APN 114-220-019-3

FINAL MAP
SUBDIVISION 9729
JANUARY 2026

LOTTING

CITY OF CONCORD, CONTRA COSTA COUNTY, CALIFORNIA
Exhibit A to Attachment 1

Page 8 of 10 ends

From: Barone, Valerie <[email protected]> Sent: Tuesday, March 24, 2026 2:31 PM
To: Gentry, Mindy <[email protected]>; Ezell, Justin <[email protected]>; Brown, Susanne <[email protected]>; Fockler, Joelle <[email protected]>
Subject: Proposed street names on council agenda for March 24--Item 4.e This e-mail is being shared with all Councilmembers
Councilmember Hoffmeister,
I was able to speak with our Community Development Director, Mindy Gentry, and she shared the following.

The developer’s naming concept was to use the suffix “Way” (i.e., Hidden Willow Way) for the subdivision roadway that leads to the “Courts. ” The smaller access roads use the suffix “Court. ”

The change you proposed to Hidden Willow “Place” was not vetted by the Street Naming Committee, which includes external agencies such as the Fire District and USPS, and internal departments including the Police Department.

Given that the proposed street name has not yet been vetted by the Street Naming Committee, if you desire to pursue the use of “Place” rather than “Way, ” please pull the item from consent and determine whether there is support from your colleagues to:

• Have Council pre-approve the name “Hidden Willow Place” and ask staff to send it through the Street Naming Committee. If the Street Naming Committee supports it, Hidden Willow Place will be the name of the roadway. If the Street Naming Committee does not support the use of the suffix “Place, ” Council would allow for the use of the originally proposed suffix “Way” and the roadway would be named “Hidden Willow Way. ” Valerie
Valerie Barone, City Manager (she/her/hers)
City of Concord | Website: www.cityofconcord.org
( (925) 671-3150 | * [email protected]
1950 Parkside Drive, MS/01, Concord, CA 94519

Subscribe to our City News e-newsletter to stay informed about what's happening in your community!
Agenda Item No. 4.e
Benched Correspondence
March 24, 2026

Page 9 of 10 ends

From: Hoffmeister, Laura <[email protected]> Sent: Monday, March 23, 2026 12:17 PM
To: Gentry, Mindy <[email protected]>; Barone, Valerie <[email protected]>; Ezell, Justin <[email protected]> Subject: proposed street names on council agenda for March 24

I am not supportive of Hidden Willow Way – as it makes it sound like a bigger street that goes somewhere
I would instead proposed Hidden Willow Place – which is more appropriate to the type of development – small infill dead end private street

Laura Hoffmeister

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Staff Report
Date: March 24, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Steve Voorhies, Director of Recreation Services Prepared by: RJ Natal, Program Manager
[email protected]
(925) 671-3416
Subject: Considering approval of a United States Forest Service Term Special Use Permit expiring December 31, 2046, for Camp Concord at Lake Tahoe, and authorize City Manager to execute the Use Permit in a form acceptable to the City Attorney.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), 15378, 15301, and/or 15323.

Report in Brief
The City of Concords summer camp, Camp Concord, operates on 29.11 acres of U.S.

Forest Service land at Lake Tahoe. Permission to operate and maintain an organizational Camp is provided through a 20-year renewable Special Use Permit (attachment A) issued by the U.S. Forest Service at the Lake Tahoe Basin Management Unit. Camp Concord has operated as the City’s summer resident camp and rustic meeting grounds since 1967.

Approval of the Special Use Permit will provide for continued family, youth, and teen resident camping and group usage of Camp Concord through December 31, 2046.

Recommended Action
Approve a United States Forest Service Term Special Use Permit expiring December 31, 2046, for Camp Concord at Lake Tahoe, authorize the City Manager to execute the Use Permit in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

4.f4.f

Page 1 of 23 ends

City Council Agenda Report
Agenda Item No. 4.f
March 24, 2026
Background
In July 1963, the City of Concord submitted a preliminary plan for a proposed summer camp to the Forest Service at Lake Tahoe. On May 11, 1964, the City of Concord entered a Special Use Permit to construct, operate, and maintain a children’s youth camp and family camp on 29.11 acres of U.S. Forest Service land near Lake Tahoe off Mt. Tallac Trailhead Road. According to historical information, design and construction of Camp Concord occurred between 1964 and 1967, with camping programs debuting in the summer of 1967.

Since 1964, the Special Use Permit has been renewed in 20-year increments. The City is due to renew now, allowing continued operation of Camp Concord through December 31, 2046.

Camp Concord, located in the scenic forests of South Lake Tahoe, California, is a premier outdoor recreation facility operated by the City of Concord Recreation Services Department.

A strong partnership with the non-profit Friends of Camp Concord (FOCC) has been fostered for supporting the camp program, including providing campership opportunities for underprivileged youth and their families and providing donations that enhance the quality of the camp experience. Established in 1983, FOCC is a volunteer-driven organization governed by a Board of Directors and supported by City of Concord Recreation Services staff representatives. Together, they work collaboratively to enhance the quality of facilities, programs, and overall visitor experiences at Camp Concord.

Camp Concord’s purpose since 1967 is to provide immersive, nature-based experiences that foster personal growth, leadership, and community engagement. Programs are designed for Concord youth, families, and older adults, emphasizing adventure, skill- building, teamwork, and environmental stewardship. The camp offers Concord residents and others a variety of programs, including week-long Youth Camps for children ages nine to 14, where participants engage in canoeing, hiking, swimming, archery, arts and crafts, teambuilding games, and campfire activities. Teens can further develop leadership skills through the Counselor-in-Training (CIT) program. Family Camp provides structured camp and specialty retreats for families, while 50 & Better Camp offers adults and older adults opportunities for recreation, social engagement, and outdoor experiences. In addition, Camp Concord hosts a variety of group rentals and special events, including programs for nonprofits such as the RennerVation Foundation, which supports foster children and at-risk youth, as well as 4-H groups, Band Camps, and First Tee Golf Camps. A wide range of community-based organizations have consistently utilized Camp Concord as their host site for program delivery, including camps designed for children with disabilities, burn injuries, and health challenges. Camp also accommodates events such as “glamping” weekends, reunions, weddings, corporate retreats, family retreats, and game nights, extending its reach to a broader community.

Camp Concord collaborates closely with educational and enrichment programs, including the Mt. Diablo Unified School District C.A.R.E.S. Afterschool Program, providing scholarships to students to attend camp each summer. Through these partnerships and

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City Council Agenda Report
Agenda Item No. 4.f
March 24, 2026
programming, Camp Concord and the Friends of Camp Concord create inclusive opportunities for personal development, community connection, and outdoor education.

Together, they foster confidence, leadership, and respect for the environment, ensuring that all campers, regardless of background, have the opportunity to benefit from transformative experiences in a safe, natural setting. By combining public support with nonprofit initiatives, Camp Concord continues to provide an award-winning camp experience that strengthens the community and enriches the lives of youth, families, and adults throughout the region.

Map of Camp Concord (cabins, support facilities, activity areas, roadways, etc.) Analysis
The Special Use Permit authorizes the City of Concord to use and occupy the defined

29.11-acre section of National Forest Service lands. More specifically, it calls for operating and maintaining an organizational camp to promote the physical, mental, and spiritual health of young people, individuals with a disability, seniors and their families through activities conducted in a natural environment. Other uses of the camp, such as meetings, conferences and group rentals, may also be authorized to maximize use of the facility throughout the operating season, generally April to October each year. Offsite guiding activities on National Forest lands, such as hiking, canoeing, swimming, and other “outfitter” type activities, are also bundled for approval in the permit. Authorized improvements of

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City Council Agenda Report
Agenda Item No. 4.f
March 24, 2026
facilities and amenities, such as the dining hall/kitchen, water and electrical infrastructure systems, shower and restroom facilities, green room lounge, utility and storage facilities, outdoor amphitheater, camp store, offices, playground equipment, controlled physical risk activity (such as archery) areas, parking, and portions of the Forest Service system road are all allowed under the permit.

Camp Concord operates several large and sophisticated camping programs for customers and group rentals throughout the season, and all of these elements are effectively granted permission under the proposed Special Use Permit. Other large population Northern California cities also operate organization camps on Forest Service lands including Berkeley, Sacramento, and San Jose. Those cities focus on offering family camping programs which differs from the unique approach Camp Concord undertakes to offer youth, teen, senior, and family camping programs simultaneously during the peak summer season.

This approach allows Concord to implement programming to benefit a wider range of demographics and effectively deepening the research-proven, positive impacts of a summer resident camping experience.

The ability for Camp Concord programs to access Forest Service lands as an “outfitter and guide” is critical to the success of the camp experience. Campers are often transported to off-site venues like the beaches of Lake Tahoe and trailheads in the near vicinity which considerably enhances the camp experience and captures some of the most spectacular natural features available in the Lake Tahoe Basin. Existing recreational amenities at the Camp were originally designed as rustic and limited which makes it necessary to expand the programs to beyond the camp’s 29.11 acres to provide a truly exceptional experience.

Examples include rafting on the Truckee River, canoeing on Fallen Leaf Lake, off-site catered events like the traditional Pope Beach Luau and Sugar Pine Barbeque. Family Camp sojourns to Angora Lakes, located approximately 30 minutes from Camp Concord, is one of the perennial highlights along with hiking the Forest Service Visitor Center Rainbow Trail, located within walking distance.

The Forest Service assigns a Special Permit Administrative Officer to oversee Camp Concord operations. A very effective partnership and collaborative work relationship has been established with the Forest Service. Each year, Forest Service personnel visit Camp Concord to observe the condition of facilities and evaluate camping program impacts to the land. The City responds promptly to any advice or issues presented by the Forest Service in a manner that develops credibility and commitment to meeting the terms and conditions of the Special Use Permit. Through the years, the Forest Service has showcased Camp Concord as a premier organizational camp and has continually expressed appreciation for the responsive management style. In return, the Forest Service has provided efficient response to questions, concerns, and proposals for maintenance or camp facility enhancements. The relationship between the City of Concord and the Forest Service is an example of teamwork and partnership in action to meet collective goals and provide campers with a safe and rewarding outdoor experience.

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City Council Agenda Report
Agenda Item No. 4.f
March 24, 2026
Finally, the permit requires compliance with all Federal, State, and local laws, regulations, standards and other relevant environmental laws. Best Management Practices (BMPs), required by the Tahoe Regional Planning Agency, are approved, site-specific measures designed to reduce stormwater runoff, erosion, and pollutant discharge to protect Lake Tahoe’s water clarity and environmental quality. Camp Concord’s voluntary compliance with American Camp Association standards and California Organized Camp Regulations helps ensure that all health, safety, staffing, training, emergency preparedness, and operational requirements are consistently met. This compliance demonstrates that Camp Concord maintains nationally recognized best practices and satisfies the responsibilities required under its permit, reducing risk and supporting safe, well-managed camp operations.

In summary, this permit renewal secures access to Camp Concord for an additional 20 years, allowing the City to continue its annual operating plan and diverse program offerings that consistently deliver meaningful recreational, educational, and community- building experiences. It supports the City’s proven ability to successfully operate the camp through strong stewardship of public lands, effective partnerships, and sound operational oversight. The renewal ensures the continuation of a collaborative working relationship with the Forest Service, provides Concord residents of all ages the opportunity to participate in a high-quality resident camp experience, and enables Camp Concord to maintain its status as a premier organizational camp, recognized for its safe, well-managed, and responsive operations.

Financial Impact
The annual fee for facilities and activities authorized under this Special Use Permit is calculated using a formula including a land use fee minus reductions for Priority 1 and Priority 2 use. Priority 1 use reduces the annual land use fee proportionate to the number of individuals and children at risk annually who attend Camp Concord. Priority 2 use reduces the remaining land use fee by up to 60 percent, proportionate to the number of persons annually who attend Camp Concord and participate in youth programs through organized and supervised social, citizenship, character-building, or faith-based activities oriented to outdoor recreation experiences. Revenue derived from other sources such as business conferences is subject to a fee of 5 percent of adjusted gross revenue.

Based on the mix of City-offered programs, long-term group rentals from non-profit organizations, and other profit-oriented group rentals such as weddings and corporate trainings, the annual fee paid to the Forest Service has averaged $6,000 a year over the last ten years. This annual expenditure is included in the Camp Concord operations budget and is expected to remain consistent. Considering the value of commercial and private property in the Lake Tahoe Basin, this annual fee is nominal.

Environmental Determination Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, Public Resources Code Section 21065, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable

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City Council Agenda Report
Agenda Item No. 4.f
March 24, 2026
indirect physical change in the environment. In the alternative, City Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities and/or 15323 – Normal Operations of Facilities for Public Gatherings, as it involves operation of Camp Concord. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Attachment

1. Special Use Permit

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1 Authorization ID: ELD101603 FS-2700-5 (09/2020)
Contact Name: CONCORD, CITY OF OMB No. 0596-0082
Expiration Date: 12/31/2046
Use Code: 113
U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

TERM SPECIAL USE PERMIT
AUTHORITY: Act of September 3, 1954, 43 U.S.C. 931c and 931d CONCORD, CITY OF, 1950 PARKSIDE DRIVE, MS/10 ATTN: RECREATION SERVICES (the holder) CONCORD, CA UNITED STATES 94519
CONCORD, CITY OF (the holder) is authorized to use and occupy National Forest System (NFS) lands in the LAKE TAHOE BASIN MGT UNIT, subject to the terms of this term special use permit ("the permit").

This permit covers 29.11 acres in Sec. 35, T. 13 N., R. 17 E., MT. DIABLO MERIDIAN (the "permit area"), as shown on the map incorporated into this permit as Appendix A. This permit is issued for the purpose of:

Operating and maintaining an organization camp for families, youth and other non-commercial groups. Other uses of the camp such as conferences and special events in support of natural environment awareness and education may be authorized in the annual Operating Plan. Off-site guiding activities on National Forest lands such as hiking, canoeing and swimming may be authorized in the annual Operating Plan. Authorized facilities and improvements include dining/kitchen and recreation hall, camp store and office, cabins, shower and restroom facilities, utility and storage buildings, outdoor amphitheater, playground equipment, water system supported by an on-site well, parking, and portions of Forest System Road #1306A as shown on Appendix A. The following appendices are attached to and made a part of this permit:

APPENDIX A: Map of the Permit Area
APPENDIX B: Authorized Improvements
APPENDIX C: Operating Plan
I. GENERAL TERMS
A. AUTHORITY. This permit is issued pursuant to the Act of September 3, 1954, 43 U.S.C. 931c and 931d, and 36 CFR Part 251, Subpart B, as amended, and is subject to their provisions.

B. AUTHORIZED OFFICER. The authorized officer is the Forest Supervisor, a District Ranger, or the Station, Institute, or Area Director with delegated authority pursuant to Forest Service Manual 2700.

C. TERM. This permit shall expire at midnight on 12/31/2046. Expiration of this permit shall not require notice, a decision document, or any environmental analysis or other documentation.

D. CONTINUATION OF USE AND OCCUPANCY. This permit is not renewable. Prior to expiration of this permit, the holder may apply for a new permit for the use and occupancy authorized by this permit. Applications for a new permit must be submitted at least one year prior to expiration of this permit. Issuance of a new permit is at the sole discretion of the authorized officer. At a minimum, before a new permit, the authorized officer shall ensure that (1) the use and occupancy to be authorized by the new permit are consistent with the standards and guidelines in the applicable land management plan; (2) the type of use and occupancy to be authorized by the new permit is the same as the type of use and occupancy authorized by this permit; and (3) the holder is in compliance with all the terms of this permit. The authorized officer may prescribe new terms when a new permit is issued.

E. AMENDMENT

1. This permit may be amended in whole or in part by the Forest Service when, at the discretion of the authorized officer, such action is deemed necessary or desirable to incorporate new terms that may be required by law, regulation, the applicable land management plan, or projects and activities implementing a land management plan pursuant to 36 CFR Part 218. The authorized officer shall amend the permit to authorize new, changed, or additional uses or NFS lands that have been approved by the authorized officer per 36 CFR 251.61.

Attachment 1

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2 2. At the sole discretion of the authorized officer, this permit may be amended to remove authorization to use any NFS lands not specifically covered in the master development plan for this permit or not needed for the use and occupancy authorized by this permit.

3. The holder may apply for an amendment to this permit to cover new or changed uses or areas. In approving or denying an amendment, the authorized officer shall consider, in addition to the requirements in applicable laws and regulations, the findings or recommendations of other affected agencies and whether the new or changed use or area can be accommodated by an amendment to this permit, or whether a new permit should be issued.

F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In exercising the privileges granted by this permit, the holder shall comply with all present and future federal laws and regulations and all present and future state, county, and municipal laws, regulations, and other legal requirements that apply to the permit area, to the extent they do not conflict with federal law, regulation, or policy. The Forest Service assumes no responsibility for enforcing laws, regulations, and other legal requirements that fall under the jurisdiction of other governmental entities.

G. NON-EXCLUSIVE USE. The use and occupancy authorized by this permit are not exclusive. The Forest Service reserves the right of access to the permit area, including a continuing right of physical entry to the permit area and the authorized facilities and improvements for inspection, monitoring, or any other purpose consistent with any right or obligation of the United States under any law or regulation. The Forest Service reserves the right to allow others to use the permit area in any way that is not inconsistent with the holder's rights and privileges under this permit, after consultation with all parties involved. Except for any restrictions that the holder and the authorized officer agree are necessary to protect the installation and operation of authorized improvements, the permit area shall remain open to the public for all lawful purposes.

H. ASSIGNABILITY. This permit is not assignable or transferable.

I. TRANSFER OF TITLE TO THE IMPROVEMENTS

1. Notification of Transfer. The holder shall notify the authorized officer when a transfer of title to all or part of the improvements is planned.

2. Transfer of Title. Any transfer of title to the improvements covered by this permit shall result in termination of the permit. The party who acquires title to the improvements must submit an application for a permit. The Forest Service is not obligated to issue a new permit to the party who acquires title to the improvements. The authorized officer shall determine that the applicant meets requirements under applicable federal regulations.

J. CHANGE IN CONTROL OF THE BUSINESS ENTITY

1. Notification of Change in Control. The holder shall notify the authorized officer when a change in control of the business entity that holds this permit is planned.

(a) In the case of a corporation, control is an interest, beneficial or otherwise, of sufficient outstanding voting securities or capital of the business so as to permit the exercise of managerial authority over the actions and operations of the corporation or election of a majority of the board of directors of the corporation.

(b) In the case of a partnership, limited partnership, joint venture, or individual entrepreneurship, control is a beneficial ownership of or interest in the entity or its capital so as to permit the exercise of managerial authority over the actions and operations of the entity.

(c) In other circumstances, control is any arrangement under which a third party has the ability to exercise management authority over the actions or operations of the business.

2. Effect of Change in Control. Any change in control of the business entity as defined in clause I.J.1 shall result in termination of this permit. The party acquiring control must submit an application for a special use permit. The Forest Service is not obligated to issue a new permit to the party who acquires control. The authorized officer shall determine whether the applicant meets the requirements established by applicable federal regulations.

II. IMPROVEMENTS

A. LIMITATIONS ON USE. Nothing in this permit gives or implies permission to build or maintain any structure or facility or to conduct any activity unless specifically authorized by this permit. Any use not specifically authorized by this permit must be proposed in accordance with 36 CFR 251.54 or 251.61. Approval of such a proposed use through issuance of a new permit or permit amendment is at the sole discretion of the authorized officer.

B. DRAWINGS. All drawings for development, layout, construction, reconstruction, or alteration of improvements in

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3 the permit area, as well as revisions to those drawings, must be prepared by a licensed engineer, architect, landscape architect, or other qualified professional acceptable to the authorized officer. These drawings and drawing revisions must have written approval from the authorized officer before they are implemented. The authorized officer may require the holder to furnish as-built drawings, maps, or surveys upon completion of the work.

III. OPERATIONS

A. OPERATING PLAN. The holder shall prepare and annually revise by March 31 an operating plan. The operating plan shall be prepared in consultation with the authorized officer or the authorized officer's designated representative and shall cover all operations authorized by this permit. The operating plan shall outline steps the holder will take to protect public health and safety and the environment and shall include sufficient detail and standards to enable the Forest Service to monitor the holder's operations for compliance with the terms of this permit. The operating plan shall identify and schedule any inspections that the holder is required to conduct at the holder's expense. The operating plan shall be submitted by the holder and approved by the authorized officer or the authorized officer's designated representative prior to commencement of operations and shall be incorporated into this permit as Appendix D. Any operating plan revisions shall be submitted by the holder and approved in writing by the authorized officer or the authorized officer's designated representative before they are implemented. The authorized officer may require an annual meeting with the holder to discuss the terms of the permit or operating plan, annual use reports, determine need for performance bond for construction projects and amount of bond, or other concerns either party may have.

B. PERIOD OF USE. The use and occupancy authorized by this permit shall be in normal operation at least 30 days each year or season. Failure of the holder to exercise this minimum use may result in revocation of this permit under clause VII.A.

C. RESPONSIBILITY FOR DAY-TO-DAY ACTIVITIES. As a general rule, the holder shall conduct the day-to-day activities authorized by this permit. A limited amount of activities may be conducted by a party other than the holder, but only with prior written approval of the authorized officer. The holder shall continue to be responsible for compliance with all the terms of this permit.

D. LEASING. Subject to clause III.C., the holder may lease authorized concessions and improvements owned by the holder that are located within the permit area with the prior written approval of the authorized officer. The Forest Service reserves the right to disapprove these leases. The holder shall remain responsible for compliance of the leased concessions and improvements with all the terms of this permit.

E. CONDITION OF OPERATIONS. The holder shall maintain the authorized improvements and permit area to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and consistent with other provisions of this permit. Standards are subject to periodic change by the authorized officer.

F. USE OF NATIONAL FOREST SYSTEM ROADS AND NATIONAL FOREST SYSTEM TRAILS. The holder's use of National Forest System roads and National Forest System trails shall comply with applicable requirements in 36 CFR Part 212, Subpart A; 36 CFR Part 261, Subpart A; and orders issued under 36 CFR Part 261, Subpart B. Motor vehicle use shall be consistent with designations made under 36 CFR Part 212, Subpart B, unless specifically provided otherwise in the operating plan. Over-snow vehicle use shall be consistent with designations made under 36 CFR Part 212, Subpart C, unless specifically provided otherwise in the operating plan.

G. MONITORING BY THE FOREST SERVICE. The Forest Service shall monitor the holder's operations and reserves the right to inspect the permit area and authorized facilities and improvements at any time for compliance with the terms of this permit. The holder shall comply with inspection requirements deemed appropriate by the authorized officer. The obligations of the holder under this permit are not contingent upon any duty of the Forest Service to inspect the permit area or authorized facilities or improvements. A failure by the Forest Service or other governmental officials to inspect is not a defense to noncompliance with any of the terms of this permit.

H. CUTTING, DISPOSAL, AND PLANTING OF VEGETATION. This permit does not authorize the cutting of trees, brush, shrubs, and other plants ("vegetation"). Vegetation may be cut, destroyed, or trimmed only after the authorized officer or the authorized officer's designated agent has approved in writing and marked or otherwise identified what may be cut, destroyed, or trimmed. The holder shall notify the authorized officer when approved cutting, destruction, or trimming of vegetation has been completed. The Forest Service shall determine in advance of felling the method of disposal of trees felled in the permit area that meet utilization standards. Disposal may be by sale or without charge per 36 CFR Part 223, as may be most advantageous to the United States. Debris from felling that does not meet utilization standards shall also be disposed of according to methods determined by the Forest Service. Planting of vegetation in the permit area must have prior written approval from the authorized officer.

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4 I. SIGNAGE. Signage posted on NFS lands must have prior written approval of the authorized officer.

J. REFUSE DISPOSAL. The holder shall comply with all applicable federal, state, and local requirements related to the disposal of refuse resulting from the use and occupancy authorized by this permit.

K. SANITATION. The operation and maintenance of all sanitation, food service, and water-supply methods, systems, and facilities shall comply with applicable standards set by state and local health departments.

L. DRINKING WATER SYSTEM. The holder, as the water supplier and owner or operator of the drinking water system for the facilities authorized by this permit, is responsible for compliance with all applicable federal, state, and local drinking water laws and regulations governing operation and maintenance of a public drinking water system, including but not limited to developing, operating, and maintaining the system and conducting drinking water testing and taking appropriate corrective and follow-up actions in accordance with federal, state, and any other applicable requirements. For purposes of this permit, public water systems are defined in accordance with the Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.), and the National Primary Drinking Water Regulations, 40 CFR Part 141, or state regulations, if more stringent. The holder shall retain all drinking water system records as required by applicable laws and regulations. The holder agrees to make the records available to the Forest Service and to any other regulatory agency authorized to review Forest Service activities.

M. SALE OF ALCOHOLIC BEVERAGES. The sale of alcoholic beverages is prohibited in the permit area.

N. GAMBLING. Gambling and gambling machines and devices are prohibited on NFS lands, regardless of whether they are lawful under state or local law.

O. NONDISCRIMINATION

1. The holder and its employees shall not discriminate against any person on the basis of race, color, sex (in educational and training programs), national origin, age, or disability or by curtailing or refusing to furnish accommodations, facilities, services, or use privileges offered to the public generally. In addition, the holder and its employees shall comply with the provisions of Title VI of the Civil Rights Act of 1964 as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and the Age Discrimination Act of 1975, as amended.

2. The holder shall include and require compliance with the above nondiscrimination provisions in any third-party agreement made with respect to the operations authorized under this permit.

3. The Forest Service shall furnish signs setting forth this policy of nondiscrimination. These signs shall be conspicuously displayed at the public entrance to the permit area and at other exterior or interior locations, as directed by the Forest Service.

4. The Forest Service shall have the right to enforce the foregoing nondiscrimination provisions by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the violation occurs.

P. EQUAL ACCESS TO FEDERAL PROGRAMS. In addition to the above nondiscrimination policy, the holder agrees to ensure that its programs and activities are open to the general public on an equal basis and without regard to any non-merit factor.

Q. PROHIBITION OF TIME-SHARE ARRANGEMENTS. No commercial facilities or equipment authorized under this permit will be operated under a time-share or interval-ownership arrangement. All authorized facilities and equipment shall be made available to the general public on a short-term rental basis.

R. HOLDER'S REPRESENTATIVE. The holder or the holder's designated representative shall be within the permit area at all times when the facilities are open to the public. The holder shall notify the authorized officer in writing who the holder's representative will be.

S. HOLDER'S AND USERS' CONDUCT. Disorderly or otherwise objectionable conduct by the holder or those occupying the permit area with the holder's permission shall be cause for revocation or suspension of this permit.

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5 T. REGULATING SERVICES AND RATES. The authorized officer shall have the authority to regulate the adequacy and type of services provided the public under this permit and to require that these services conform to satisfactory standards. The holder may be required to furnish a schedule of prices for sales and services authorized by the permit. These prices may be regulated by the authorized officer, provided that the holder shall not be required to charge prices significantly different from those charged by comparable or competing enterprises.

U. ADVERTISING. The holder shall not misrepresent in any way, either orally; in online or print circulars, brochures, advertising , and other media; or on its website, signs, or letterheads, any aspect of the use authorized by this permit, including services provided by the holder, the status of this permit, or the permit area. All the holder's online or print circulars, brochures, advertising, and other media regarding use of the permit area shall state that the permit area is located in the Lake Tahoe Basin Management Unit National Forest or Grassland.

IV. RIGHTS AND LIABILITIES

A. LEGAL EFFECT OF THE PERMIT. This permit, which is revocable and terminable, is not a contract or a lease, but rather a federal license. The benefits and requirements conferred by this authorization are reviewable solely under the procedures set forth in 36 CFR Part 214 and 5 U.S.C. 704. This permit does not constitute a contract for purposes of the Contract Disputes Act, 41 U.S.C. 601. The permit is not real property, does not convey any interest in real property, and may not be used as collateral for a loan.

B. VALID EXISTING RIGHTS. This permit is subject to all valid existing rights. Valid existing rights include those derived under mining and mineral leasing laws of the United States. The United States is not liable to the holder for the exercise of any such right.

C. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The parties to this permit do not intend to confer any rights on any third party as a beneficiary under this permit.

D. NO WARRANTY OF ACCESS, SITE SUITABILITY, OR SERVICES. This permit authorizes the use and occupancy of NFS lands by the holder for the purposes identified in this permit. The Forest Service does not make any express or implied warranty of access to the permit area, of the suitability of the permit area for the authorized uses, or for the furnishing of road or trail maintenance, water, fire protection services, search and rescue services, or any other services by a government agency, utility, association, or individual.

E. WATER FACILITIES AND WATER RIGHTS

1. Water Facilities. No ditch, reservoir, well, spring, seepage, or other facility to pump, divert, store, or convey water (hereinafter "water facilities") for which the point of diversion, storage, or withdrawal is on NFS lands may be initiated, developed, certified, or adjudicated by the holder unless expressly authorized in this permit. The authorization of any water facilities in the permit area is granted to allow use of water only in connection with the organization camp authorized by this permit. If the use of any water facilities in connection with this organization camp ceases, the authorization to use any associated water facilities terminates. The United States may place conditions on installation, operation, maintenance, and removal of water facilities that are necessary to protect public property, public safety, and natural resources on NFS lands in compliance with applicable law. Any change in a water facility, including a change in the ownership or the beneficial use of or location of use of water from a water facility that is not expressly authorized in this permit shall result in termination of the authorization for that water facility.

2. Water Rights. This permit does not confer any water rights on the holder. The term "water rights" includes all authorizations, such as certificates, reservations, decrees, or permits, for water use issued under state law. Any necessary water rights must be acquired and maintained by the holder in accordance with State law and the terms of this permit. After this permit is issued, all water rights obtained by the holder for facilities that divert or pump water from sources located on NFS lands for use on NFS lands, whether authorized or unauthorized, are for the benefit of the United States and shall be acquired in the name of the United States. Any expenses for acquiring and maintaining water rights shall be the responsibility of the holder and not the responsibility of the United States. The United States reserves the right to take all actions necessary to maintain and protect any right to divert and use water on site.

F. RISK OF LOSS. The holder assumes all risk of loss to the authorized improvements and all risk of loss of use and occupancy of the permit area, in whole or in part, due to public health and safety or environmental hazards. Loss to the authorized improvements and of use and occupancy of the permit area may result from but is not limited to theft, vandalism, fire and any fire-fighting activities (including prescribed burns), environmental contamination, avalanches, rising waters, winds, falling limbs or trees, and other forces of nature. If any authorized improvements in the permit

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6 area are destroyed or substantially damaged, the authorized officer shall conduct an analysis to determine whether the improvements can be safely occupied in the future and whether rebuilding should be allowed. If rebuilding is not allowed, this permit shall terminate as to those improvements. If the authorized officer determines that any portions of the permit area cannot be safely occupied due to a public health or safety or environmental hazard, this permit shall terminate as to those portions of the permit area. Termination under this clause shall not give rise to any claim for damages, including lost profits and the value of the improvements, by the holder against the Forest Service.

G. DAMAGE TO UNITED STATES PROPERTY. The holder has an affirmative duty to protect from damage the land, property, and other interests of the United States that are associated with the use and occupancy authorized by this permit. Damage includes but is not limited to destruction of or damage to NFS lands, fire suppression costs, and destruction of or damage to federally owned improvements.

1. The holder shall be liable for all injury, loss, or damage, including fire suppression costs, prevention and control of the spread of invasive species, and the costs of rehabilitation or restoration of natural resources, resulting from the holder's use and occupancy of the permit area. Compensation shall include but not be limited to the value of resources damaged or destroyed, the costs of restoration, cleanup, or other mitigation, fire suppression or other types of abatement costs, and all administrative, legal (including attorney's fees), and other cost. Such costs may be deducted from a performance bond required under clause IV.L.

2. The holder shall be liable for damage to all roads and trails of the United States caused by use of the holder or the holder's heirs, assignees, agents, employees, contractors or lessees to the same extent as provided under clause IV.G.1, except that liability shall not include reasonable and ordinary wear and tear.

H. HEALTH AND SAFETY. The holder shall take all measures necessary to protect the health and safety of all persons affected by the use and occupancy authorized by this permit. The holder shall promptly abate as completely as possible and in compliance with all applicable laws and regulations any physical or mechanical procedure, activity, event, or condition existing or occurring in connection with the authorized use and occupancy during the term of this permit that causes or threatens to cause a hazard to the health or safety of the public or the holder's employees, agents, or contractors. The holder shall immediately notify the authorized officer of all serious accidents that occur in connection with these activities, events, or conditions. The Forest Service has no duty under the terms of this permit to inspect the permit area or operations of the holder for hazardous conditions or compliance with health and safety standards.

I. ENVIRONMENTAL PROTECTION

1. Compliance with Environmental Laws. The holder shall in connection with the use and occupancy authorized by this permit comply with all applicable federal, state, and local environmental laws and regulations, including but not limited to those established pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., the Oil Pollution Act, as amended, 33 U.S.C. 2701 et seq., the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq.

2. Definition of Hazardous Material. For purposes of clause IV.I and section V, "hazardous material" shall mean (a) any hazardous substance under section 101(14) of CERCLA, 42 U.S.C. 9601(14); (b) any pollutant or contaminant under section 101(33) of CERCLA, 42 U.S.C. 9601(33); (c) any petroleum product or its derivative, including fuel oil, and waste oils; and (d) any hazardous substance, extremely hazardous substance, toxic substance, hazardous waste, ignitable, reactive or corrosive materials, pollutant, contaminant, element, compound, mixture, solution or substance that may pose a present or potential hazard to human health or the environment under any applicable environmental laws.

3. Environmental Site Assessments (SAs). Except as provided in clause IV.I.3(c), the holder is required to submit for written approval by the authorized officer an initial SA prior to use and occupancy under this permit and a follow-up SA prior to termination or upon revocation of this permit. The initial and follow-up SAs shall be incorporated into this permit as Appendix E.
(a) Purposes. The purpose of initial and follow-up SAs is to identify Recognized Environmental Conditions in the permit area, that is, the presence or likely presence of any hazardous substances or petroleum products in, on, or at the permit area: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. A comparison of the initial and follow-up SAs shall assist the authorized officer in determining whether any environmental cleanup or

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7 restoration is required as a result of the use and occupancy. Any cleanup or restoration shall be completed promptly by the holder in accordance with all applicable federal, state, and local laws and regulations, to the satisfaction of the authorized officer and at no expense to the United States.

(b) Standard. All SAs must be conducted by the holder's environmental professional with the requisite certification and experience and must meet the objectives and performance factors of 40 CFR Part 312, Innocent Landowners, Standards for Conducting All Appropriate Inquiries. The holder may use The American Society for Testing and Materials (ASTM) guideline E1527-13, entitled Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, or the most recent version (40 CFR 312.11(b)), or select an alternate practice that constitutes all appropriate inquiries consistent with good commercial and customary practices.

(c) Exceptions. If a new permit will be issued to the same holder upon expiration of this permit, the follow-up SA shall satisfy the requirement for an initial SA for the new permit. Initial and follow-up SAs are not required when this permit is revoked at the request of the holder and a new permit is issued to the holder for the balance of this permit's term or when this permit is reissued for the balance of its term to the holder due to a modification pursuant to 36 CFR 251.61(a), provided that an initial SA shall be completed in either of these scenarios if one has not been done by the holder. When a new permit is issued due to a change in control of the business entity that holds this permit, the holder may rely on the initial SA performed by the future holder, provided that it is accepted by the authorized officer prior to termination of this permit.

(d) Cleanup or Other Remedial Action Based on the Initial SA. If the initial SA shows that a hazardous substance release is present in the permit area, the holder shall be responsible for any cleanup or other remedial action that the Forest Service determines to be required in the permit area based on the initial SA. The level of cleanup or other remedial action shall be commensurate with the holder's intended use and occupancy of the permit area and shall be completed before the holder's use and occupancy commence.

4. Oil Discharges and Release of Hazardous Materials. The holder shall immediately notify all appropriate response authorities, including the National Response Center and the authorized officer or the authorized officer's designated representative, of any oil discharge or of the release of a hazardous material in the permit area in an amount greater than or equal to its reportable quantity, in accordance with 33 CFR Part 153 and 40 CFR Part 302. For the purposes of this requirement, "oil" is as defined by section 311(a)(1) of the Clean Water Act, 33 U.S.C. 1321(a)(1). The holder shall immediately notify the authorized officer or the authorized officer's designated representative of any release or threatened release of any hazardous material in or near the permit area which may be harmful to public health or welfare or which may adversely affect natural resources on federal lands.

5. Remediation of Release of Hazardous Materials. The holder shall remediate any release, threat of release, or discharge of hazardous materials that occurs in connection with the holder's activities in the permit area, including activities conducted by the holder's agents, employees, contractors, or lessees and regardless of whether those activities are authorized under this permit. The holder shall perform remediation in accordance with applicable law immediately upon discovery of the release, threat of release, or discharge of hazardous materials. The holder shall perform the remediation to the satisfaction of the authorized officer and at no expense to the United States. Upon revocation or termination of this permit, the holder shall deliver the site to the Forest Service in compliance with all applicable laws and regulations and free and clear of contamination.

J. INDEMNIFICATION OF THE UNITED STATES. The holder shall indemnify, defend, and hold harmless the United States for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the holder in connection with the use and occupancy authorized by this permit. This indemnification provision includes but is not limited to acts and omissions of the holder or the holder's heirs, assignees, agents, employees, contractors, or lessees in connection with the use and occupancy authorized by this permit which result in (1) violations of any laws and regulations which are now or which may in the future become applicable; (2) judgments, claims, demands, penalties, or fees assessed against the United States; (3) costs, expenses, and damages incurred by the United States; or (4) the release or threatened release of any solid waste, hazardous waste, hazardous materials, pollutant, contaminant, oil in any form, or petroleum product into the environment. The authorized officer may prescribe terms that allow the holder to replace, repair, restore, or otherwise undertake necessary curative activities to mitigate damages in combination with or as an alternative to monetary indemnification.

K. INSURANCE. The holder shall furnish proof of insurance, such as a certificate of insurance, to the authorized officer prior to issuance of this permit and each year thereafter that this permit is in effect. The Forest Service reserves the right to review the insurance policy and require any changes needed to ensure adequate coverage of the United States in connection with the authorized use and occupancy. The holder shall send an authenticated copy

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8 of any insurance policy obtained pursuant to this clause to the authorized officer immediately upon issuance of the policy. Any insurance policies obtained by the holder pursuant to this clause shall include the United States as an additional insured in an endorsement to the policy, and the additional insured provision shall provide for insurance coverage for the United States as required under this clause and to the extent of the full limits of insurance available to the holder. The holder shall give 30 days prior written notice to the authorized officer of cancellation of the insurance policy by the holder or any modification to the insurance policy. The certificate of insurance, the authenticated copy of the insurance policy, and written notice of cancellation or modification of insurance policies should be sent to K. Minimum amounts of coverage and other insurance requirements are subject to change at the sole discretion of the authorized officer on the anniversary date of this permit.

1. The holder shall have in force liability insurance covering losses associated with the use and occupancy authorized by this permit arising from personal injury or death and third-party property damage in the minimum amount of $500,000.00 for USDA Forest Service, Lake Tahoe Basin Management Unit, 35 College Drive, South Lake Tahoe, CA 96150 as a combined single limit per occurrence.

2. Depending on the holder's operations, the Forest Service may require the holder to demonstrate the availability of funds to address any release or threatened release of hazardous materials that may occur in connection with the holder's use and occupancy. Any requirements imposed would be established case by case by the authorized officer based on the degree of environmental risk from the holder's operations. The storage and use of normal maintenance supplies in nominal amounts generally would not trigger financial assurance requirements.

BONDING. The authorized officer may require the holder to furnish a surety bond or other security for any of the obligations imposed by the terms of this permit or any applicable law, regulation, or order.

V. RESOURCE PROTECTION

A. WATER POLLUTION. No waste or by-product shall be discharged into water in connection with the use and occupancy authorized by this permit except in full compliance with all applicable federal, state, and local environmental and other laws. Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters or channels leading into water except in full compliance with all applicable federal, state, and local environmental and other laws.

B. SCENIC VALUES. The holder shall protect the scenic values of the permit area and the adjacent land to the greatest extent possible during construction, operation, and maintenance of the authorized improvements.

C. VANDALISM. The holder shall take reasonable measures to prevent and discourage vandalism or disorderly conduct and when necessary shall contact the appropriate law enforcement officer to address these problems.

D. PESTICIDE USE

1. Authorized Officer Concurrence. Pesticides may not be used outside of buildings in the permit area to control pests, including undesirable woody and herbaceous vegetation (including aquatic plants), insects, birds, rodents, or fish without prior written concurrence of the authorized officer. Only those products registered or otherwise authorized by the U.S. Environmental Protection Agency and appropriate State authority for the specific purpose planned shall be authorized for use within areas on NFS lands.

2. Pesticide-Use Proposal. Requests for concurrence of any planned uses of pesticides shall be provided in advance using the Pesticide-Use Proposal (form FS-2100-2). Annually the holder shall, on the due date established by the authorized officer, submit requests for any new, or continued, pesticide usage. The Pesticide-Use Proposal shall cover a 12-month period of planned use. The Pesticide-Use Proposal shall be submitted at least 60 days in advance of pesticide application. Information essential for review shall be provided in the form specified. Exceptions to this schedule may be allowed, subject to emergency request and approval, only when unexpected outbreaks of pests require control measures which were not anticipated at the time a Pesticide-Use Proposal was submitted.

3. Safety Plan. Before applying pesticides in the permit area, the holder shall submit to the authorized officer a safety plan that includes, at a minimum, a precise statement of the treatment objectives; a description of the equipment, materials, and supplies to be used, including pesticide formulation, quantities, and application methods; a description of the lines of responsibility for project planning, project monitoring, and after-action review; a description of any necessary interagency coordination; a copy of the current Pesticide-Use Proposal for the permit; a description of the process by which treatment effectiveness will be determined; and a spill plan, communications plan, security plan, and when required by applicable local requirements, a provision for prior notification to sensitive individuals.

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9 4. Reporting. By September 30th annually, the holder shall submit to the authorized officer a written report of each pesticide application project completed during the previous 12-month period. The report shall contain information pertaining to the pesticide application projects as requested by the authorized officer.

5. Labeling, Laws, and Regulations. Label instructions and all applicable laws and regulations shall be strictly followed in the application of pesticides and disposal of excess materials and containers. No pesticide waste, excess materials, or containers shall be disposed of in any area administered by the Forest Service.

E. ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES. The holder shall immediately notify the authorized officer of any antiquities or other objects of historic or scientific interest, including but not limited to historic or prehistoric ruins, fossils, or artifacts discovered in connection with the use and occupancy authorized by this permit. The holder shall leave these discoveries intact and in place until otherwise directed by the authorized officer.

F. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION (NAGPRA). In accordance with 25 U.S.C. 3002 (d) and 43 CFR 10.4, if the holder inadvertently discovers human remains, funerary objects, sacred objects, or objects of cultural patrimony on NFS lands, the holder shall immediately cease work in the area of the discovery and shall leave the discoveries intact and in place. The holder shall follow the applicable NAGPRA protocols for the undertaking provided in the NAGPRA plan of action or the NAGPRA comprehensive agreement; if there are no such agreed-upon protocols, the holder shall as soon as practicable notify the authorized officer of the discovery and shall follow up with written confirmation of the discovery. The activity that resulted in the inadvertent discovery may not resume until 30 days after the authorized officer certifies receipt of the written confirmation, if resumption of the activity is otherwise lawful, or at any time if a NAGPRA plan of action has been executed by the Forest Service following tribal consultation and any preconditions have been met.

G. PROTECTION OF HABITAT OF THREATENED, ENDANGERED, AND SPECIES OF CONSERVATION CONCERN AND THEIR HABITAT..

1. Threatened and Endangered Species and Their Habitat. The location of sites within the permit area needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act (ESA) of 1973, 16 U.S.C. 531 et seq., as amended, or within designated critical habitat shall be shown on a map in an appendix to this permit and may be shown on the ground. The holder shall take any protective and mitigation measures specified by the authorized officer as necessary and appropriate to avoid or reduce effects on listed species or designated critical habitat affected by the authorized use and occupancy. Discovery by the holder or the Forest Service of other sites within the permit area containing threatened or endangered species or designated critical habitat not shown on the map in the appendix shall be promptly reported to the other party and shall be added to the map.

2. Sensitive Species and Species of Conservation Concern and Their Habitat. The location of sites within the permit area needing special measures for protection of plants or animals designated by the Regional Forester as sensitive species or as species of conservation concern pursuant to FSM 2670 shall be shown on a map in an appendix to this permit and may be shown on the ground. The holder shall take any protective and mitigation measures specified by the authorized officer as necessary and appropriate to avoid or reduce effects on sensitive species or species of conservation concern or their habitat affected by the authorized use and occupancy. Discovery by the holder or the Forest Service of other sites within the permit area containing sensitive species or species of conservation concern or their habitat not shown on the map in the appendix shall be promptly reported to the other party and shall be added to the map.

H. CONSENT TO STORE HAZARDOUS MATERIALS. The holder shall not store any hazardous materials at the site without prior written approval from the authorized officer. This approval shall not be unreasonably withheld. If the authorized officer provides approval, this permit shall include or, in the case of approval provided after this permit is issued, shall be amended to include specific terms addressing the storage of hazardous materials, including the specific type of materials to be stored, the volume, the type of storage, and a spill or release prevention and control plan. Such terms shall be proposed by the holder and are subject to approval by the authorized officer.

1. If the holder receives consent to store hazardous material, the holder shall identify to the Forest Service any hazardous material to be stored at the site. Such identification information shall be consistent with column (1) of the table of hazardous materials and special provisions enumerated at 49 CFR 172.101 whenever the hazardous material appears in that table. For hazard communication purposes, the holder shall maintain Material Safety Data Sheets for any stored hazardous chemicals, consistent with 29 CFR 1910.1200(c) and (g). In addition, all hazardous materials stored by the holder shall be used, labeled, stored, transported, and disposed of in accordance with all applicable federal, state, and local laws and regulations. Any hazardous material transportation and disposal

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10 manifests shall clearly identify the holder as the generator of the hazardous waste.

2. If hazardous materials are used or stored at the site, the authorized officer may require the holder to deliver and maintain a surety bond in accordance with clause IV.L.

3. The holder shall not release any hazardous material onto land or into rivers, streams, impoundments, or natural or artificial channels leading to them. All prudent and safe attempts must be made to contain any release of these materials. The authorized officer may specify conditions that must be met, including conditions more stringent than those imposed by federal, state, and local regulations, to prevent releases and protect natural resources.

4. If the holder uses or stores hazardous materials at the site, upon revocation or termination of this permit the holder shall provide the Forest Service with a report certified by a professional or professionals acceptable to the Forest Service that the permit area is uncontaminated by the presence of hazardous materials and that there has not been a release or discharge of hazardous materials upon the permit area, into surface water at or near the permit area, or into groundwater below the permit area during the term of the permit. If a release or discharge has occurred, the professional or professionals shall document and certify that the release or discharge has been fully remediated and that the permit area is in compliance with all applicable federal, state, and local laws and regulations.

I. WATER WELLS AND ASSOCIATED PIPELINES

1. Other Jurisdictional Requirements. Clause IV.E governs water rights and water facilities. The holder shall obtain all required state and local water permits, licenses, registrations, certificates, or rights and shall provide a copy of them to the authorized officer. For new wells, this information shall be provided prior to disturbing NFS lands for the purpose of water use or development.

2. Well Construction or Development. For new or reconstruction of existing wells, the holder shall prepare a well construction and development plan and submit it to the authorized officer for approval. The well development and construction plan must have prior written approval from the authorized officer before well construction or development is initiated. The holder shall follow applicable federal, state, and local standards for design, construction, and development of new wells or reconstruction of existing wells. If such standards do not exist, the holder shall follow applicable standards issued by the American Society for Testing and Materials (ASTM), American Water Works Association (AWWA), or National Ground Water Association (NGWA). The construction and development plan must identify all potential sources for any proposed water injection during well construction or development. Only non- chlorinated, potable water may be injected during construction or development of wells to be used for monitoring or water withdrawal. Copies of all documentation for drilling, constructing, or developing wells, including all drilling, boring, and well construction logs, shall be provided to the authorized officer within 60 days of completion of work.

3. Well Decommissioning. The holder shall properly decommission and abandon all wells that are no longer needed or maintained in accordance with applicable federal, state, and local standards for water well abandonment. If such standards do not exist, the holder shall follow applicable standards issued by the ASTM, AWWA, or NGWA. At least 30 days prior to initiation of well decommissioning, the holder shall submit a well decommissioning plan to the authorized officer. The well decommissioning plan shall have written approval from the authorized officer before well decommissioning is initiated. All documentation of well decommissioning shall be provided to the authorized officer within 60 days of completion of the work.

VI. LAND USE FEE AND DEBT COLLECTION
A. LAND USE FEES

ORGANIZATIONAL CAMP FEE. The annual fee due the United States for the activities authorized by this permit shall be calculated using the following formula:

Fee = Land Use Fee + Other Revenues Fee + Facility Use Fee, where:

1. LAND USE FEE. The Land Use Fee = .05 (Acres x Value Per Acre x Annual Adjustment Factor) Reductions for Priority 1 and Priority 2 Use.

The land use fee may be offset pursuant to section 3 of the Federal Timber Contract Payment Modification Act (16 U.S.C. 539f). This offset work and its value shall be documented and agreed to in advance.

a. The Value Per Acre is the estimated per-acre market value of land and buildings in the county where the camp is located, as reported in the most recent Census of Agriculture conducted by the National Agricultural Statistics

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11 Service. The Annual Adjustment Factor is the annual compounded rate of change between the two most recent Censuses of Agriculture.

b. Reductions to the land use fee for Priority 1 and Priority 2 use are calculated as follows:

Priority 1 - Reduce the annual land use fee proportionate to the number of individuals with a disability and children at risk annually who attend the organizational camp.

Priority 2 - Reduce the remaining land use fee amount by up to 60 percent, proportionate to the number of persons annually who attend the organizational camp and participate in youth programs through organized and supervised social, citizenship, character-building, or faith-based activities oriented to outdoor recreation experiences.

c. The land use fee may not be reduced below the minimum land use fee. The minimum land use fee is $300, unless adjusted by the region where the organizational camp is located, per FSM 2715.04b, paragraph 1. The minimum fee is due in advance of use and is not refundable.

2. FEE BASED ON OTHER REVENUES. Revenue derived under this permit for purposes other than to introduce young people or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues is subject to a fee of 5 percent of adjusted gross revenue.

The fee based on other revenues may be offset pursuant to section 3 of the Federal Timber Contract Payment Modification Act (16 U.S.C. 539f). This offset work and its value shall be documented and agreed to in advance.

Estimated fees based on other revenues shall be calculated on an Estimated Fee Determination Sheet. Payments shall be made [quarterly or monthly] in advance of use.

a. Documentation of Revenue. Separately document revenue derived under this permit for purposes of introducing young people or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues, from revenue derived under this permit for other purposes.

b. Accounting Records and Access. The holder shall follow generally accepted accounting principles or another cash basis of accounting in recording financial transactions. When requested by the Forest Service, the holder at its expense shall have its annual accounting records audited by an independent public accountant acceptable to the Forest Service. The holder shall make all of the accounting books and supporting records for the business activities authorized by this permit available for audit by the Forest Service or other Federal agencies authorized to review Forest Service activities. The holder shall retain these records and make them available for review for 5 years after the end of the year in which they were generated, unless disposition is otherwise authorized by the Forest Service in writing.

B. MODIFICATION OF THE LAND USE FEE. The land use fee may be revised whenever necessary to reflect the market value of the authorized use or when the fee system used to calculate the land use fee is modified or replaced.

C. LAND USE FEE PAYMENTS

1. Crediting of Payments. Payments shall be credited on the date received by the deposit facility, except that if a payment is received on a non-workday, the payment shall not be credited until the next workday.

2. Disputed Fees. Land use fees are due and payable by the due date. Disputed land use fees, other than land use fees recalculated pursuant to an audit, must be paid in full. Adjustments will be made if dictated by an administrative appeal decision, a court decision, or settlement terms.

3. Late Payments

(a) Interest. Pursuant to 31 U.S.C. 3717 et seq., interest shall be charged on any land use fee not paid within 30 days from the date it became due. The rate of interest assessed shall be the higher of the Prompt Payment Act rate or the rate of the current value of funds to the United States Treasury (i.e., the Treasury tax and loan account rate), as prescribed and published annually or quarterly by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Interest on the principal shall accrue from the date the land use fee is due.

(b) Administrative Costs. If the account becomes delinquent, administrative costs to cover processing and handling the delinquency shall be assessed.

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12 (c) Penalties. A penalty of 6% per annum shall be assessed on the total amount that is more than 90 days delinquent and shall accrue from the same date on which interest charges begin to accrue.

(d) Termination for Nonpayment. This permit shall terminate if the holder fails to pay any land use fee, interest, or any other changes within 90 calendar days of the due date. The holder shall remain responsible for the delinquent charges.

4. Administrative Offset and Credit Reporting. Delinquent land use fees and other charges associated with the permit shall be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 et seq. and common law. Delinquencies are subject to any or all of the following:

(a) Administrative offset of payments due the holder from the Forest Service.

(b) If in excess of 90 days, referral to the United States Department of the Treasury for appropriate collection action as provided by 31 U.S.C. 3711(g)(1).

(d) Disclosure to consumer or commercial credit reporting agencies.

D. ACCESS TO RECORDS. For purposes of administering this permit (including ascertaining that the correct land use fee was paid), the holder shall make all accounting books and supporting records for the authorized operations, as well as those of lessees operating in the permit area, available for review by the Forest Service or other federal agencies authorized to review Forest Service activities. Review of accounting books and supporting records shall be made at dates convenient to the holder and reviewers. Financial information shall be kept confidential to the extent permitted by law. The holder shall retain these records and keep them available for review for 5 years after they were generated, unless otherwise approved by the authorized officer in writing.

E. ACCOUNTING RECORDS. The holder shall follow generally accepted accounting principles or other comprehensive bases of accounting acceptable to the Forest Service in recording financial transactions and in reporting financial results to the authorized officer. When requested by the authorized officer, the holder at its own expense shall have annual accounting reports for the authorized operations audited or prepared by a licensed independent accountant acceptable to the Forest Service. The holder shall require lessees to comply with these same requirements. At a minimum, the holder's and lessees' accounting system shall include:

1. Systematic internal controls, including recording by type of business the gross receipts derived from all operations conducted under this permit. Gross receipts should be recorded daily and, if possible, deposited into a bank account without reduction for disbursements. Receipt entries shall be documented by cash register tapes, sale invoices, rental records, cash accounts from other sources, or some other means.

2. A permanent record of capital investments in facilities (including a depreciation schedule).

3. Generation and maintenance of other records and accounts as may be specified by the authorized officer.

VII. REVOCATION, SUSPENSION, AND TERMINATION

A. REVOCATION AND SUSPENSION.

1. The authorized officer may revoke or suspend this permit in whole or in part:
(a) For noncompliance with federal, state, or local law;

(b) For noncompliance with the terms of this permit;

(d) At the discretion of the authorized officer, for specific and compelling reasons in the public interest.

2. The authorized officer may revoke this permit at the request of the holder. Revocation at the request of the holder must be agreed to in writing by the authorized officer. As a condition of revocation of this permit at the request of the

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13 holder, the authorized officer has discretion to impose any terms deemed appropriate as provided for in this permit.

3. Prior to revocation or suspension, other than revocation at the request of the holder under clause VII.A.2 and immediate suspension under clause VII.C, the authorized officer shall give the holder written notice of the grounds for revocation or suspension. In the case of revocation or suspension based on clause VII.A.1(a), VII.A.1(b), or VII.A.1(c), the authorized officer shall give the holder a reasonable period, not to exceed 90 days, to cure any noncompliance.

B. REVOCATION FOR SPECIFIC AND COMPELLING REASONS IN THE PUBLIC INTEREST. The authorized officer may revoke this permit during its term if the Forest Service determines based on a land management planning decision that the use and occupancy authorized by this permit should be changed for specific and compelling reasons in the public interest, other than a determination under clause IV.F that the authorized improvements or the permit area cannot be safely occupied. Prior to revoking the permit under this clause, the authorized officer shall give the holder 90 days written notice, provided that the authorized officer may prescribe a shorter notice period if justified by the public interest. The Forest Service shall then have the right to remove or relocate the authorized improvements, to require the holder to remove or relocate them, or to purchase them. Removal or relocation by the Forest Service of the authorized improvements shall be accepted by the holder in full satisfaction of all claims against the United States under this clause. If the Forest Service requires the holder to remove or relocate the authorized improvements or purchases them, the Forest Service shall be obligated to pay the lesser of (1) the cost of removal or relocation of the authorized improvements or (2) the value of the authorized improvements as determined by the Forest Service through an appraisal of their replacement cost, less an allowance for depreciation of all types. If that amount is fixed by agreement between the authorized officer and the lessee, that amount shall be accepted by the holder in full satisfaction of all claims against the United States under this clause. If agreement is not reached, the authorized officer shall determine the amount to be paid, which shall be set forth in the revocation decision. A payment made pursuant to this clause is subject to the availability of appropriations. Nothing in this permit implies that Congress will appropriate funds to cover a deficiency in appropriations.

C. IMMEDIATE SUSPENSION. The authorized officer may immediately suspend this permit in whole or in part when necessary to protect public health or safety or the environment. The suspension decision shall be in writing. The holder may request an on-site review with the authorized officer's superior of the adverse conditions prompting the suspension. The authorized officer's superior shall grant this request within 48 hours. Following the on-site review, the authorized officer's superior shall promptly affirm, modify, or cancel the suspension.

D. APPEALS AND REMEDIES. Written decisions made by the authorized officer relating to administration of this permit are subject to administrative appeal pursuant to 36 CFR Part 214, as amended. Revocation or suspension of this permit shall not give rise to any claim for damages by the holder against the Forest Service, other than as provided in clause VII.B.

E. TERMINATION. This permit shall terminate when by its terms a fixed or agreed upon condition, event, or time occurs without any action by the authorized officer. Examples include but are not limited to expiration of the permit by its terms on a specified date and, in the case of a permit issued to a business entity, termination upon change of control of the business entity. Termination of this permit is not subject to administrative appeal and shall not give rise to any claim for damages by the holder against the Forest Service.

F. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT ISSUANCE OF NEW PERMIT. Except as provided in clause VII.B., upon revocation of this permit or termination of this permit without issuance of a new permit, the authorized officer has the discretion to require the holder to sell or remove all structures and improvements, except those owned by the United States, within a reasonable period prescribed by the authorized officer and to restore the site to the satisfaction of the authorized officer. If the holder fails to sell or remove all structures or improvements within the prescribed period, they shall become the property of the United States and may be sold, destroyed, or otherwise disposed of without any liability to the United States. However, the holder shall remain liable for all costs associated with their removal, including costs of sale and impoundment, cleanup, and restoration of the site.

G. CONTINUATION OF OBLIGATIONS AND LIABILITIES BEYOND EXPIRATION OR REVOCATION.

Notwithstanding the termination or revocation of this permit, its terms shall remain in effect and shall be binding on the holder and the holder's personal representative, successors, and assignees until all the holder's obligations and liabilities accruing before or as a result of termination or revocation of this permit have been satisfied.

VIII. MISCELLANEOUS PROVISIONS

A. MEMBERS OF CONGRESS. No member of or delegate to Congress or resident commissioner shall benefit from

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14 this permit either directly or indirectly, except to the extent the authorized use provides a general benefit to a corporation.

B. CURRENT ADDRESSES. The holder and the authorized officer shall keep each other informed of current mailing addresses, including those necessary for billing and payment of land use fees.

C. SUPERSEDED PERMIT. This permit supersedes a special use permit designated CONCORD, CITY OF, ELD101602, dated 07/11/2007.

D. SUPERIOR CLAUSES. If there is a conflict between any of the preceding printed clauses and any of the following clauses, the preceding printed clauses shall control.

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15 THIS PERMIT IS ACCEPTED SUBJECT TO ALL OF ITS TERMS. BEFORE THIS PERMIT IS ISSUED TO AN

ENTITY, DOCUMENTATION MUST BE PROVIDED TO THE AUTHORIZED OFFICER OF THE AUTHORITY OF THIS SIGNATORY FOR THE ENTITY TO BIND IT TO THE TERMS OF THE PERMIT.

ACCEPTED:

____________________________________________________________________________________________ Valerie Barone DATE
City Manager
City of Concord

APPROVED:

____________________________________________________________________________________________ Erick J. Walker
Forest Supervisor
Lake Tahoe Basin Management Unit
USDA Forest Service

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0082. Response to this collection of information is mandatory. The authority to collect the information is the Organic Administration Act, 16 U.S.C. 551. The time required to complete this information collection is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the State or local Agency that administers the program or contact USDA through the Telecommunications Relay Service at 711(voice and TTY). Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email:
[email protected].

USDA is an equal opportunity provider, employer, and lender.

The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service.

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16 APPENDIX A

MAP OF THE PERMIT AREA

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17 APPENDIX B

AUTHORIZED IMPROVEMENTS

The Camp Concord facility contains ADA accessible accommodations, food service facilities, sanitation facilities, and recreational amenities consistent with organized resident camps including:

• Dining hall and commercial kitchen
• Bathhouses with hot showers, toilets, lavatories, and laundry equipment • Electrified family camp and staff cabins
• Non-electrified youth camp cabins
• Maintenance facilities and storage yard
• Recreational amenities, such as volleyball play area, archery, arts & crafts, amphitheater, horseshoe pits, children’s playground, frisbee golf course, orienteering course, biking, campfire pits, and outdoor seating areas
• Supporting infrastructure, such as electrical transmission lines, telecommunication lines, well water distribution system, sanitary sewer system, fire suppression systems, propane tanks and transmission lines, paved roadways and parking areas, grass area with irrigation lines, and light posts

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Staff Report
Date: March 24, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kit P. Jory Sr., Director of Public Works
Prepared by: Ken Yee, Facilities Maintenance Manager
[email protected]
(925) 671-3025
Subject: Considering adoption of a Resolution accepting and appropriating Caltrans Community Cleanup and Employment Pathway grant in the amount of $354,908 for the City’s
Community Cleanup project (PJ#2808), and authorizing the City Manager to execute a restricted grant agreement with the California Department of Transportation (Caltrans) in a form acceptable to the City Attorney.

CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378 including subsection (b)(3).

Report in Brief
The City of Concord has applied for and was awarded a California Department of Transportation (Caltrans) Community Cleanup and Employment Pathway grant of $354,908 for the City’s Community Cleanup Project (Project No. 2808). The funds will be used on community cleanup and graffiti abatements.

Council action is required to accept and appropriate the approved grant funds through its adopted Resolution (attached).

4.g4.g4.g

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City Council Agenda Report
Agenda Item No. 4.g
March 24, 2026
Recommended Action
Adopt a resolution accepting and appropriating grant funding from the California Department of Transportation in the reimbursable amount of $354,908 for the City’s Community Cleanup project, and approve and authorize the City Manager to execute a restricted grant agreement with the California Department of Transportation (Caltrans) in a form acceptable to the City Attorney and make the CEQA determinations as provided in this staff report.

Background
The California Department of Transportation (Caltrans) announced its Community Cleanup and Employment Pathway grant program (CCEP) opportunity in the summer of 2025. Public Works seized the opportunity and successfully applied for this grant in late 2025.

The CCEP Grant Program is a key initiative under the Clean California Program, administered by the California Department of Transportation (Caltrans). This program aims to enhance public spaces through targeted litter cleanup and graffiti removal while fostering workforce development opportunities for disadvantaged individuals. The program emphasizes public education and community pride, encouraging local participation in cleanup efforts and long-term maintenance of public spaces. By integrating cleanup, workforce development, and community engagement, the CCEP Grant Program seeks to create cleaner, safer, and more equitable public spaces throughout California.

The City’s Community Cleanup Project under this grant award focuses on litter cleanup and graffiti abatements citywide, and it will not only clean and beautify Concord but also involve an education and outreach program component on anti-graffiti and anti-littering.

The motto submitted by Public Works and approved by Caltrans is:

Love Concord, Love Your Community – No Graffiti! No Littering! Analysis
The Community Clean Up Project places a strong emphasis on prevention. It shares and promotes anti-graffiti/anti-littering benefits to residents, especially to the youth population, utilizing social media and direct outreach to Mt. Diablo Unified School District. By focusing on resource-driven strategies, the City’s Concord Community Clean-Up Project will reduce illegal dumping, litter abatement, and graffiti abatement, thereby enhancing the City’s overall appearance and environment. In addition, the project works in tandem with the City’s other homeless outreach programs to provide thorough assistance and cleanup for unhoused individuals and unsheltered encampments.

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City Council Agenda Report
Agenda Item No. 4.g
March 24, 2026
One of the Project’s core components is demonstrating the creation of employment pathways in our community through internship/part-time, and limited services employment offerings within the Public Works Parks Maintenance Division. Through these opportunities, the grant will not only support the beautification and stewardship of our public spaces, but also reflect the City’s commitment to workforce development by providing meaningful, hands-on employment experiences for community members.

Financial Impact
The City was awarded a California Department of Transportation Community Cleanup and Employment Pathway grant of $354,908. The estimated project costs for the City’s Community Cleanup project is $795,320 with $440,412 as the City’s in-kind match. The City’s in-kind match derives from the Public Works Department’s FY2026-27 Council approved and adopted operating budget; it included 95% salary expenditure of one Public Work Manager, one Public Works Heavy Equipment Operator, and associated City-supplied materials and vehicles. Other materials and supplies are funded by the grant. No additional funding is required to accept and appropriate the grant funds or to carry out the grant funded program.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, and/or Public Resources Code Section 21065, acceptance and appropriation of this funding is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, 15273 because it involves government funding/fiscal activities, and/or 15262 since the activity involves only feasibility and planning for possible future actions.

No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. Council Resolution Accepting and Appropriating Grant Funds

2. Caltrans Restricted Grant Agreement

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Res No. 26-XX 1
Attachment 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Resolution of City of Concord City Council
Accepting and Appropriating Grant Funding from
Caltrans and Authorizing the City Manager to
Execute Agreements with the California Department
of Transportation (Caltrans) for the City of
Concord’s Community Cleanup Project
Resolution No. 26-XX
/
WHEREAS, California Department of Transportation has been delegated responsibility by the Legislature of the State of California for the administration of a grant to the City of Concord, setting up necessary procedures governing application(s); and
WHEREAS, aid procedures established by California Department of Transportation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and
WHEREAS, the City Council of the City of Concord is eligible to receive State funding for certain transportation related work through the California Department of Transportation; and WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Caltrans’ Community Cleanup and Employment Pathway Grant Program as outlined in City of Concord Budget Item PJ #2808 Caltrans Community Cleanup Project; $354,908 available for the City’s Community Cleanup project.

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

Section 1. Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, and/or Public Resources Code Section 21065, acceptance and appropriation of this funding is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably

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Res No. 26-XX 2
foreseeable indirect physical change in the environment, 15273 because it involves government funding/fiscal activities, and/or 15262 since the activity involves only feasibility and planning for possible future actions. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Section 2. Approves the filing of project application(s) for specified grant project(s); Section 3. Certifies that said applicant has or will have available sufficient funds including those provided by this grant, prior to commencement of project work utilizing specified grant funds, to complete the project; and
Section 4. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and Section 5. Delegates the authority to the City Manager or designee to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation, and to conduct all negotiations, sign and submit all documents, including but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project grant scope(s); and
Section 6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

Section 7. This resolution shall become effective immediately upon its passage and adoption. //
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Res No. 26-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on March 24, 2026, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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City of Concord
Agreement Number 04-CCEP-10
AMS ADV ID: 0426000308

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Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Concord, hereinafter referred to as AGENCY, will commence on April 01, 2026, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS.

AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on November 1, 2027.

Recitals

1. Under this
RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.

2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.

3. WHEREAS, the Clean CA Program, through its Clean CA Local Grants Program, is authorized under California Streets and Highways Code Section 91.41 to provide funding and resources to support local projects that advance the program's goals and objectives;

4. WHEREAS, California Streets and Highways Code Section 91.41 provides the legislative authority for the Clean CA Program to advance the following intent and objectives:
a. Reduce Waste and Beautify Public Spaces: The primary goal of the program is to allocate grants to local and regional public agencies, transit agencies, and tribal governments to reduce waste and debris within public rights-of-way, tribal lands, parks, pathways, transit centers, and other public spaces. The program aims to enhance, rehabilitate, restore, or install measures to beautify and improve these public spaces. b. Improve Public Health and Community Placemaking: The program seeks to enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. By investing in the improvement of these spaces, it aims to create a positive and welcoming environment for the community. c. Promote Equity for Underserved Communities: The program places a strong emphasis on advancing equity for underserved communities.
d. Support Sustainable Practices: The program encourages the implementation of sustainable practices in the beautification and enhancement of public spaces. This includes greening efforts, such as providing shade and reducing the urban heat island effect, as well as using native, low-water plants.
e. Engage Local Communities: The program promotes community engagement by requiring project proposals to reflect community priorities. It encourages the involvement of local communities in the development and selection of projects to ensure they meet the needs and preferences of the affected population.
f. Prohibit Displacement of Persons Experiencing Homelessness: The program prohibits grants from funding projects that displace persons experiencing homelessness. This Attachment 2

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City of Concord
Agreement Number 04-CCEP-10
AMS ADV ID: 0426000308

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reflects the intention to address public space improvements without negatively impacting vulnerable populations.
g. Transparent and Efficient Grant Allocation: The program requires the program to issue a call for projects and announce grant awards. The guidelines for allocating grants must include project selection criteria and program evaluation metrics.

5. WHEREAS, the purpose of this RGA is to authorize Caltrans districts to enter into agreements with local agencies to support the development, implementation, and funding of local agencies partnership projects that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41;

6. WHEREAS, this RGA establishes a framework for Caltrans districts to provide financial contributions and other assistance to local agencies, fostering effective collaboration and coordination to deliver successful transit partnership projects;

7. WHEREAS, this RGA emphasizes transparency, objective evaluation, and fair allocation of resources, ensuring that projects scoring higher based on established criteria receive prioritization for funding and implementation;

8. WHEREAS, the Clean CA Program facilitates collaboration between Caltrans districts and local agencies to support litter abatement and public space beautification efforts on locally owned public right-of-way while creating workforce development opportunities for individuals facing barriers to employment that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41;

9. WHEREAS, the Clean CA Program, in partnership with Caltrans districts, seeks to enhance local right-of-way areas to address waste management challenges, graffiti mitigation, and public space beautification, thereby contributing to create cleaner, safer, and more equitable public spaces throughout California;

10. WHEREAS, the Clean CA Program, established by the State of California, is a transformative initiative which promotes sustainable transportation alternatives, reducing greenhouse gas emissions, and combatting climate change to improve the overall quality of life for residents and visitors of California;

11. WHEREAS, the Clean CA Program envisions a comprehensive approach to address transportation challenges, enhance transit infrastructure, and support local agencies in their efforts to create efficient, safe, and environmentally friendly transit options;

12. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the Parties enter into this RGA to advance the purpose and intent of the Clean CA transit initiative, harnessing the legislative authority provided under California Streets and Highways Code Section 91.41, and collaborating on transit partnership projects that contribute to a sustainable, innovative, and well-connected transportation network throughout the State of California.

Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:

Section I
AGENCY Agrees:

To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.

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City of Concord
Agreement Number 04-CCEP-10
AMS ADV ID: 0426000308

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Section ll
CALTRANS Agrees:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section lII
It Is Mutually Agreed:

1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Program.

2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.

3. AGENCY shall perform all the duties and obligations described in Concord Community Cleanup Project, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.

4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.

5. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).

California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”

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City of Concord
Agreement Number 04-CCEP-10
AMS ADV ID: 0426000308

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6. Project funding is as follows:

Fund Title Fund Source Dollar Amount
Clean California Funds State General Fund (0001)
Budget Item 2660-130-0001
State Program Code

20.30.010.900
FY 2025/26

$354,908.00

Local Match Agency provided $440,412.00
Total Project Costs $795.320.00
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.

Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified

7. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General : 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.

Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.

8. Notification of Parties
a. AGENCY’s Project Manager for Project is Ken Yee (925) 671-3025. b. CALTRANS’ District Partnership Liaison is Ida Tu (510) 496-9069. “District Partnership Liaison” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

City of Concord
Attention: Ken Yee, Facilities Maintenance Manager
Phone Number: (925) 671-3025
Email: [email protected]
Address: 1455 Gasoline Alley, Concord, CA 94520

California Department of Transportation, District Partnership Liaison District 4 Clean California
Attention: Ida Tu, Clean CA Grant Manager
Phone Number: (510) 496-9069
Email: [email protected]
Address: 111 Grand Avenue, Oakland, CA 94612

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City of Concord
Agreement Number 04-CCEP-10
AMS ADV ID: 0426000308

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9. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on April 01, 2026, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than November 1, 2027.

Project closeout and final invoicing to CALTRANS must be submitted no later than June 30, 2027. Work incurred after November 1, 2027, will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2027. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2027 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Partnership Liaison, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.

10. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.

11. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $354,908.00.
b. It is agreed and understood that the Clean CA funds are limited to the amount granted.

CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Partnership Liaison at or below that fund limitation established herein.

12. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.

AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.

Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.

13. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.

In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to

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City of Concord
Agreement Number 04-CCEP-10
AMS ADV ID: 0426000308

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furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2025/26 funds will be contingent upon the passage of the FY 2023/24 Budget. Payment for any work performed that is funded by FY 2023/24 will be delayed if the FY 2023/24 Budget is not signed by June 30, 2023. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS or offer an RGA Amendment to AGENCY to reflect reduced amount.

14. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients, shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.

Also see website for summary of travel reimbursement rules.

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City of Concord
Agreement Number 04-CCEP-10
AMS ADV ID: 0426000308

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f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Partnership Liaison
g. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Partnership Liaison, as stated in Section III–Notification of Parties, Item 8c. h. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
i. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.

Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
j. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
k. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until June 30, 2027, to make final allowable payments to Project contractors or vendors, and November 1, 2027, to submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor.
l. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2027.

15. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

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City of Concord
Agreement Number 04-CCEP-10
AMS ADV ID: 0426000308

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16. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.

17. Americans with Disabilities Act
By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).

18. Iran Contracting Act
AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by

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City of Concord
Agreement Number 04-CCEP-10
AMS ADV ID: 0426000308

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Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.

19. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.

It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.

b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.

20. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours,

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but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.

21. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of

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employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.

22. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.

23. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS District Partnership Liaison unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.

Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS District Partnership Liaison. d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work

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performed by its subrecipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS District Partnership Liaison shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III–Payment and Invoicing, Item 14(h)(4), above. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.

24. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.

25. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

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26. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Partnership Liaison immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).

27. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process. b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.

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e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

28. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-of- Way (“Artwork”) Created or Produced for Project
a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or

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derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

29. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non- exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.

30. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA.

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The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.

31. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-and- community-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA.

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a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of- way.

32. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY’s indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement.

AGENCYalso agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.

33. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if AGENCY or its subcontractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY or its subcontractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. AGENCY shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS District Partnership Liaison

34. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS District Partnership Liaison no later than November 1, 2027.

CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Partnership Liaison. c. Payments shall be forfeit if invoices are submitted after November 1, 2027.

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35. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

36. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.

37. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:

I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.

38. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.

39. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.

Section IV
Attachments:

The following attachments are incorporated into and are made a part of this RGA by this reference and attached hereto.

I. Clean CA Community Cleanup and Employment Pathway (CCEP) Grant Program Guidelines II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution

In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:

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AGENCY NAME

By:

Printed Name:

Title:

Date:

CALTRANS DISTRICT PARTNERSHIP LIAISON

CLEAN CALIFORNIA PROGRAM
By:

Printed Name:

Title:

Date:

CALIFORNIA DEPARTMENT OF TRANSPORTATION

CLEAN CALIFORNIA PROGRAM
By:

Printed Name:

Walter Yu
Title:

Clean California Program Director
Date:

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Staff Report
Date: March 24, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kit Jory, Director, Department of Public Works Prepared by: Jeff Rayos, Administrative Services Manager [email protected]
(925) 671-3446
Subject: Considering approval of the FY2025‑26 Fleet Replacement Plan and authorizing staff to procure twenty‑three (23) replacement vehicles for various departments through six vendors identified in Attachment 1, in an amount not to exceed $1,742,549. (Fleet Replacement Fund (633)
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
Authorize staff to procure twenty-three (23) vehicle replacements through six vendors identified in the FY2025-26 Fleet Replacement Plan (Attachment 1) for various City Departments, in an amount not to exceed $1,742,549, funded by the Fleet Replacement Fund (633).

The proposed Fleet Replacement Plan aligns with the City’s asset replacement schedule (Administrative Directive 173), the California Air Resources Board (CARB) Advanced Clean Fleet (ACF) mandate for local governments, technical analysis, and Departmental review. The City is replacing vehicles that have exceeded their useful life, generate high maintenance costs, and/or pose operational and safety risks to City staff.

4.h4.h

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City Council Agenda Report
Agenda Item No. 4.h
March 24, 2026
Recommended Action
Approve the FY2025‑26 Fleet Replacement Plan and authorize staff to procure twenty‑three (23) replacement vehicles for various departments through six vendors identified in Attachment 1, in an amount not to exceed $1,742,549, and make the CEQA determinations as provided in this staff report.

Background
The FY2025-26 Fleet Replacement Plan was developed based on the City’s vehicle replacement criteria, which considers both mileage and age for each asset. Before recommending any vehicle for replacement, staff conducts an evaluation of maintenance costs, operational reliability, and potential safety risks to determine whether it has reached the end of its useful life. As vehicles age beyond their recommended service life, they generate higher maintenance costs and reduce operational availability needed to support City services. These conditions place additional strain on the Fleet Division’s three full‑time mechanics, who allocate more time to complex and time‑intensive repairs. This contributes to a growing maintenance backlog and elevates operational risks associated with aging and less reliable equipment.

Vehicles meeting these conditions were prioritized for replacement during the FY2025-26 budget development process and have dedicated replacement funds available (Fund 633) to support their procurement.

The total estimated cost for the planned acquisitions is $1,742,549. These replacements will support operational needs across four Departments: Community Development, Police, Public Works, and Recreation.

In addition, the plan ensures compliance with the California Air Resources Board (CARB) Advanced Clean Fleets (ACF) regulation, which mandates that 50% of all new vehicle purchases with a Gross Vehicle Weight Rating (GVWR) exceeding 8,500 lbs. (Class 2b and above) must be Zero Emission Vehicles (ZEVs) under Title 13, California Code of Regulations (CCR), Section 2013. During development of the Fleet Replacement Plan, staff evaluated the requirements established under CARB’s Advanced Clean Fleet (ACF) Purchasing Pathway and structured the plan to ensure compliance. For FY2025‑26, staff intend to procure four zero‑emission vehicles (ZEVs) in accordance with the ACF rule.

Historically, the Fleet Division procured replacement vehicles in smaller clusters of vehicles throughout the year rather than seeking approval for all vehicles to be purchased in any given year in one staff report. The prior approach created additional administrative work for staff and delays the replacement of vehicles. Consequently, the Fleet Division is now employing the best practice of bringing a comprehensive Fleet Replacement Plan to the City Council annually. This results in a timely process that creates efficiencies in administration.

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City Council Agenda Report
Agenda Item No. 4.h
March 24, 2026
The City’s Fleet Division is also participating in a technical assistance grant provided by the Metropolitan Transportation Commission (MTC) to analyze future ZEV needs and infrastructure requirements. This study is expected to be completed by June 2026 and will help guide the City’s future ZEV purchasing strategy over the next ten years.

Analysis
The Fleet Division of Public Works has identified 23 internal combustion engine vehicles for replacement in FY2025‑26, of which four will be replaced with zero‑emission vehicles (ZEVs) in compliance with the ACF rule. The new vehicles provide substantial operational improvements over the outgoing units, including enhanced safety features, improved performance capabilities, and greater fuel efficiency. The inclusion of ZEVs further supports the City’s long‑term sustainability goals by reducing fuel‑related greenhouse gas (GHG) emissions and contributing to a cleaner and more modernized fleet. Currently, ZEV alternatives or heavy-duty fleet assets carry a significant increased cost over comparable internal combustion engine models. To ensure the prudent use of public funds, staff will transition these heavier‑duty fleet assets to ZEVs as existing vehicles reach the end of their useful life. This phased approach allows the City to maximize the value of current assets, avoid premature replacement, and benefit from anticipated cost reductions as the ZEV market matures and prices stabilize in the coming years.

Procurement Process
The Fleet Division obtained competitive pricing for all vehicles included in the FY2025- 26 Fleet Replacement Plan through cooperative purchasing programs authorized under Municipal Code Section 3.10.080 (see attachment 1). This provision allows the City to leverage State procurement contracts to secure favorable pricing without conducting a separate formal bid process. Quotes were solicited from vendors participating in programs such as the State of California General Services Administration (GSA) and other recognized cooperative purchasing agreements, such as Sourcewell. This approach follows City purchasing policies while achieving cost efficiency and timely delivery of vehicles.

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City Council Agenda Report
Agenda Item No. 4.h
March 24, 2026
The Fleet Replacement Plan leverages eight (8) cooperative procurement vendors for vehicle acquisitions. Based on the recommended awards, the individual vendor amounts are summarized in the table below:

Table 1 – Vendors Exceeding Purchasing Threshold
Vendor Amount Vehicle
Count
72 Hr DBA National Auto Fleet Group $177,000 3
Coast Counties Peterbilt $338,378 1
Downtown Ford Sacramento $458,202 6
Folsom Lake Ford $169,817 3
Freeway Toyota $222,691 7
Model 1, Creative Bus Solutions $61,260 1
Peoria Ford $55,859 1
Terex Utilities $259,342 1
Total $1,742,549 23
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This determination reflects the City’s independent judgment and analysis.

Financial Impact
Funding for the FY2025-26 Fleet Replacement Plan has been identified in the adopted Fleet Replacement Fund (633) budget for FY2025-26. The total estimated cost for the procurement is $1,742,549, which is within the approved budget. The estimated resale value of the assets is $83,847 which will be credited back to the Fleet Replacement Fund. This action anticipates an increase to the Internal Service Fund (ISF) Fleet replacement contributions for FY2026-27 in the aggregate amount of $60,837, which will be offset by the Departments operational budgets through internal fund transfers to support future replacements costs in compliance with Administrative Directive 92 (Internal Service Funds).

Public Contact
The City Council Agenda was posted.

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City Council Agenda Report
Agenda Item No. 4.h
March 24, 2026
Attachment

1. FY2025-26 Fleet Replacement Plan

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Count Department Division FY2025-26 Asset Replacement Revised FY2025-26 (Staff Report) Agreement No. Quote No. Vendor FY2025-26 Total Cost
1 Public Works Parks 2026 F-350 WITH DIAMOND UPFIT 120,396.00$ DGS 1-12-23-20 ASW-071725-1330 Downtown Ford Sacramento 120,396$ 2 Public Works Parks 2026 CHEVY SILVERADO (EV) 59,000.00$ Sourcewell 091521-NAF 32641 72 Hr DBA National Auto Fleet Group 59,000$ 3 Public Works Parks 2026 F-350 WITH DIAMOND UPFIT 120,396.00$ DGS 1-12-23-20 ASW-071725-1330 Downtown Ford Sacramento 120,396$ 4 Public Works Parks 2026 CHEVY SILVERADO (EV) 59,000.00$ Sourcewell 091521-NAF 32641 72 Hr DBA National Auto Fleet Group 59,000$ 5 Public Works Parks 2026 CHEVY SILVERADO (EV) 59,000.00$ Sourcewell 091521-NAF 32641 72 Hr DBA National Auto Fleet Group 59,000$ 6 Public Works Parks 2026 F-150 STANDARD (GAS) 44,052.00$ DGS 1-22-23-20F ASW-010526-1515 Downtown Ford Sacramento 44,052$ 7 Public Works Fleet 2026 F-150 STANDARD (GAS) 44,052.00$ DGS 1-22-23-20 ASW-010626-1515 Downtown Ford Sacramento 44,052$ 8 Public Works Infrastructure 10 WHEELER DUMP TRUCK CHASSIS AND BODY (PAVING) 338,378.00$ Sourecewell 035018 WTF - 85415 / Coast Counties Peterbilt 338,378$ 9 Public Works Transportation 2026 TEREX HI-RANGER LTM40 ARTICULATING / TELESCOPING AERIAL DEVICE 259,342.00$ Sourcewell 114021-TER QU22991 Terex Utilities 259,342$ 10 Public Works Facilities 2026 F350 SRW - FLAT BED, LIFTGATE, STAKE BED 85,254.00$ DGS 1-12-23-20 ASW-073125-1610 Downtown Ford Sacramento 85,254$ 11 Police Department PD 2026 F-150 - PD RESPONDER W . TOW PACKAGE 55,859.00$ DGS 1-22-23-14C ASW-073125-1610 Peroria Ford 55,859$ 12 Police Department PD 2026 F-350 CREW CAB STANDARD 59,817.00$ CTR059322 260127A Folsom Lake Ford 59,817$ 13 Police Department Investigations 2026 TOYOTA CAMRY 31,813.00$ DGS 1-22-23-10C ASW-073125-1610 Freeway Toyota 31,813$ 14 Police Department Investigations 2026 TOYOTA CAMRY 31,813.00$ DGS 1-22-23-10C ASW-073125-1610 Freeway Toyota 31,813$ 15 Police Department Investigations 2026 TOYOTA CAMRY 31,813.00$ DGS 1-22-23-10C ASW-073125-1610 Freeway Toyota 31,813$ 16 Police Department Investigations 2026 TOYOTA CAMRY 31,813.00$ DGS 1-22-23-10C ASW-073125-1610 Freeway Toyota 31,813$ 17 Police Department Investigations 2026 TOYOTA CAMRY 31,813.00$ DGS 1-22-23-10C ASW-073125-1610 Freeway Toyota 31,813$ 18 Police Department Investigations 2026 TOYOTA CAMRY 31,813.00$ DGS 1-22-23-10C ASW-073125-1610 Freeway Toyota 31,813$ 19 Police Department Patrol 2026 FORD INTERCEPTOR 55,000.00$ DGS 1-22-23-23F CLIN2 FL52325 Folsom Lake Ford 55,000$ 20 Police Department Patrol 2026 FORD INTERCEPTOR 55,000.00$ DGS 1-22-23-23F CLIN2 FL52326 Folsom Lake Ford 55,000$ 21 Police Department Investigations 2026 TOYOTA CAMRY 31,813.00$ DGS 1-22-23-10C ASW-073125-1610 Freeway Toyota 31,813$ 22 Recreation Recreation 2023 FORD E-TRANSIT PASSENGER VAN (EV) 61,260.00$ Sourcewell 081325-CRE M1121025 Model 1, Creative Bus Solutions 61,260$ 23 Community Development Community Development 2026 F-150 STANDARD (GAS) 44,052.00$ DGS 1-22-23-20F ASW-010526-1515 Downtown Ford Sacramento 44,052$ 1,742,549$
FY2025-26 Citywide Fleet Replacement Plan
Total FY2025-26 Fleet Replacement
Attachment 1

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March 9, 2026

The Honorable Mark DeSaulnier
United States House of Representatives
2134 Rayburn House Office Building
Washington, DC 20515

RE: Support for the San Francisco Bay Area Rapid Transit District’s Station Safety, Security, and Rider Experience Program

Dear Representative DeSaulnier:

I write in support of the San Francisco Bay Area Rapid Transit District’s (BART) Fiscal Year 2027 Community Project Funding (CPF) request for the District’s Safety, Security, and Rider Experience Program.

BART continues to embark on projects aimed at increasing safety and security, improving the rider experience, and ensuring stations remain in a state of good repair. The program includes security camera upgrades, new LED lighting, interior deep cleaning and debris removal, bird control measures, as well as repairs to pavement, bus shelters, roofs, gutters, and drains. The focus is on improving station functions and aesthetics while also enhancing rider and employee safety. CPF funds would directly support station improvements at the Downtown Concord Station and relieve pressures on BART’s already constrained operating budget.

BART riders have already benefited from station upgrades and modernization efforts such as new LED lighting and the installation of next generation fare gates. These federally funded improvements, coupled with increased cleaning and police personnel patrols, have resulted in BART recording some of its highest customer satisfaction ratings in a decade.

For these reasons, I am proud to support this request and appreciate your consideration.

Sincerely,

Laura M. Nakamura
City of Concord Mayor

cc: Concord City Council
City Manager Valerie Barone
Assistant City Manager Justin Ezell
Community Relations Manager Colleen Awad
Concord City Clerk Joelle Fockler

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March 9, 2026

The Honorable Alex Padilla
United States Senate
Washington, DC 20510

Dear Senator Padilla:

This is a letter of support for the White Pony Express (WPE) grant application for Community Project Funding as part of the U.S. government FY27 appropriations process.

As Mayor of the City of Concord, California, I am familiar with the outstanding work of White Pony Express (WPE) and its Food Rescue Program.

Operating seven days a week, WPE recovers an average of 10,500 fresh, healthy meals each day from over 100 local sources, including grocers, retailers, farmers markets, restaurants, and wholesalers. This work prevents an estimated 8,035 Metric tons of CO₂-equivalent emissions annually, reducing the environmental burden of food waste.

This recovered food is distributed within 24 hours to 110 agencies in Contra Costa County. White Pony Express considers its Food Recovery Program a critical service and aims to achieve success by reaching all hungry Contra Costa residents. All services are delivered entirely free of charge, with no questions asked.

White Pony Express is submitting a grant application to sustain and expand its Food Rescue Program, which provides food and nutrition security to 135,000 of the county’s most vulnerable community members. Preventing good food from going to waste increases food security, fosters productivity and economic efficiency, promotes resource and energy conservation, and addresses climate change. WPE’s delivered-with-love service model is so well known in Contra Costa County that this organization has about 66 nonprofits on its waitlist for regular food deliveries. They need our support.

In summary, I strongly recommend that you approve this grant application.

Sincerely,

Laura M. Nakamura
City of Concord Mayor

cc: Concord City Council
City Manager Valerie Barone
Assistant City Manager Justin Ezell
Community Relations Manager Colleen Awad
Concord City Clerk Joelle Fockler

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City of Concord 1950 Parkside Drive, Concord, California 94519 cityofconcord.org [email protected] 9 25-677-3158

OFFICE OF THE MAYOR
March 11, 2026
Bureau of Land Management
Central Coast Field Office
940 2nd Ave
Marina, CA 93933
City Council
Laura M. Nakamura. Mayor
Dominic Aliano, Vice Mayor
Pablo Benavente
Laura M. Hoffmeister
Carlyn S. Obringer
Patti Barsotti, City Treasurer
Valerie J. Barone, City Manager
RE: Comments on the Central Coast Field Office Oil and Gas Leasing and Development Supplemental Environmental Impact Statement (SEIS)
To Whom It May Concern:

The City of Concord (City) appreciates the opportunity to comment on the Central Coast Field Office Oil and Gas Leasing and Development SEIS. The City understands that the Bureau of Land Management (BLM) is proposing to make land in-and-near Concord available for oil and gas leases and remove limitations on the types of activities that could be allowed as part of these leases (Proposal). In 2019, BLM prepared a Final Environmental Impact Statement to evaluate the Proposal and approved a Resource Management Plan Amendment for implementation. However, the action was challenged, requiring BLM to prepare the SEIS in accordance with the Stipulated Settlement Agreement (Center for Biological Diversity v. BLM, 3: 19-cv-07155-JSC) ("Settlement Agreement").

The City has significant concerns with this Proposal and the adequacy of the SEIS and is providing the following comments.

1. By failing to adequately engage with the City and other local jurisdictions, and creating a Proposal that conflicts with state and local policies, BLM has violated the Settlement Agreement, which requires BLM to "coordinate with local governments and, to the maximum extent consistent with federal law, cooperate with local governments to ensure consistency of federal actions with local land use plans."
BLM did not inform the City or neighboring jurisdictions that the Proposal includes land in or near our jurisdictions. Rather, the City and neighboring jurisdictions learned of the Proposal through "word of mouth." Moreover, the maps included in the SEIS are illegible, with the word "Concord" covering most of the land proposed for oil and gas leases in the project map on page 6 and alternatives maps in Figures 2-1 through 2-6. To facilitate better understanding of the Proposal and to comply with the Settlement Agreement, BLM should provide an interactive map or database that clearly identifies the affected assessor parcel numbers and jurisdictional boundaries. Without this, the City cannot ascertain the full scope of the Proposal to provide complete and meaningful feedback.

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The Proposal appears to include land that is in, or directly adjacent to, the former Concord Naval Weapons Station (CNWS). This critical site for the City's future growth and open space has undergone decades of planning in collaboration with the U.S. Navy, the City, and the East Bay Regional Park District (EBRPD), culminating in adoption of the Concord Reuse Project Area Plan in 2012. As previously mentioned, due to the illegible maps included in the SEIS, the City cannot determine exactly where the potential oil and gas sites fall. However, much of the land within these sites may have been conveyed to EBRPD, which is creating the Thurgood Marshall Regional Park which will protect sensitive habitat and memorialize the 1944 Port Chicago Disaster. Oil and gas exploration on these lands would be contrary to the mission of EBRPD and its vision for the Thurgood Marshall Regional Park to protect nature and honor the past.

The Proposal also conflicts with key planning concepts in the Reuse Project Area Plan Final Environmental Impact Report, including preserving the hills and ridgelines of the eastern side of the CNWS, avoiding and/or minimizing intrusion into wetlands, breeding areas and sensitive habitat, avoiding development east of Mt Diablo Creek, and setting aside lands to "mitigate for any unavoidable loss of habitat or wetlands on other portions of the site."
Other portions of the potential oil and gas sites in or near the CNWS are under the jurisdictions of the City of Concord, Contra Costa County, or the City of Pittsburg, each of which have their own regulations related to oil and gas extraction on these lands. The City of Concord has designated the land in this portion of the CNWS as Conservation Open Space, which prohibits heavy industry (including oil and gas extraction). Oil and gas leasing on these sites would bypass local control and violate the Settlement Agreement's requirement to ensure consistency with local land use plans.

The Proposal also contradicts state and local policies. The state of California has set ambitious climate targets, including achieving carbon neutrality and reducing greenhouse gas emissions 85 percent below 1990 levels by 2045. In response, Concord has adopted a Climate Action Plan to reduce greenhouse gas emissions and combat climate change. By allowing decades of new fossil fuel production and associated emissions to be "locked in," the Proposal is fundamentally incompatible with these state and local climate policies.

2. In conflict with the Settlement Agreement and the National Environmental Policy Act (NEPA), the SEIS rejects reasonable, community-based alternatives that would mitigate environmental impacts and align the Proposal with state of California policy.

The state of California has banned hydraulic fracturing ("tracking") and requires new and modified oil and gas wells to be located at least 3,200 feet from sensitive receptors. 1 However, contrary to these policies, the SEIS assumes all potential wells, regardless of proximity to sensitive receptors, could employ tracking. Although the Settlement Agreement requires BLM to solicit additional alternatives during the public scoping process and to consider those alternatives in the SEIS, BLM preemptively rejected community-suggested alternatives that adhered to California's well-established tracking prohibition and public health setback rule, stating that BLM does not have authority to enforce state laws and regulations.

Although BLM does not have this authority, it does have a mandate under the Settlement Agreement to cooperate with local governments to ensure consistency of federal actions with local land use plans. 1 Senate Bill 1137 (2022)

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Furthermore, BLM could identify this as an environmentally preferable alternative, thereby requiring it to be implemented.

Moreover, the California Department of Conservation's Geologic Energy Management Division (the state agency that regulates tracking) would likely uphold the state's prohibition on fracking. An alternative where tracking is prohibited could mitigate impacts on water quality, yet the SEIS identifies but does not fully mitigate water quality impacts. Not analyzing an alternative without tracking prevents analysis of reasonable mitigation measures that could reduce environmental impacts, withholds information from the public, and is generally misaligned with the intent of NEPA and the Settlement Agreement. The City is strongly recommending that BLM not ignore these state laws and putting communities at risk by allowing drilling and tracking near homes, schools, hospitals, and other sensitive receptors.

3. The SEIS largely proposes the same decisions and flawed analysis as the 2019 Final EIS, ignoring the large volume of climate change research and regulations since the Final EIS.

Table 1-2 of the SEIS lists 12 resource areas that were not studied due to "no new circumstances or information," including health and safety, geology and seismicity, vegetation and wildlife, socioeconomics, and environmental justice. All of these have been the focus of new research on climate science. The SEIS excludes the most recent studies linking oil and gas extraction to adverse health outcomes and information on special-status species considered or listed for protections since the Settlement Agreement. In particular, the SEIS overlooks a 2024 report from CalGEM entitled "Public Health Dimensions of Upstream Oil and Gas Development in California," which found links between upstream oil and gas development and a range of health issues, including respiratory and perinatal health risks and reduced fetal growth. Therefore, the Proposal threatens health, and the SEIS has not adequately analyzed this threat.

Additionally, the SEIS' statement that there are no new socioeconomic conditions since 2019, despite the period of high inflation and affordability challenges following the COVID-19 pandemic. This gap suggests that the analysis does not fully reflect current conditions or the commitments outlined in the Settlement Agreement. The SEIS should include these post-COVID developments in an updated analysis of socioeconomic impacts in the Planning Area.

4. The Preferred Alternative does not adequately protect wildlife habitat and threatened species.

BLM selected Alternative Fa s the Preferred Alternative citing that it "balance[es] energy development with environmental protection." However, Alterative F does not proactively protect wildlife and its habitat.

EBRPD's planned Thurgood Marshall Regional Park (located within the City's limits) includes the following federally listed species: California red-legged frog (Rana draytonii), California tiger salamander (Ambystoma californiense), and Alameda whipsnake (Masticophis lateralis euryxanthus)2. The SEIS does not mention these species but instead concludes that critical habitat is "not likely to be adversely affected" by the Proposal because such habitat is "outside of areas where the RFDS [Reasonably Foreseeable Development Scenario] suggests oil and gas development would occur." The RFDS uses historical data to assume, based on viability of extraction, where oil and gas operations will be concentrated, but this assumption is grossly flawed given that the Proposal represents a drastic change 2 Protected pursuant to the Endangered Species Act.

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in the allowable extraction practices, including allowing new surface structures within Mount Diablo State Park in Concord's "backyard" where it was not previously allowed.

Moreover, given the current administration's departure from some past policy practices, including in energy policy, it is reasonable to consider the possibility that new oil and gas leases could be granted in sensitive areas beyond prior oil and gas operations. The SEIS relies on historical development patterns to mitigate environmental impacts rather than clear limits on where extraction could occur, raising concerns about the responsibility and adequacy of this Proposal's conformance with federal law. Without clear habitat protection measures, the Proposal could result in unmitigated loss of habitat, contaminated water, and unauthorized taking of endangered species, pushing them closer to extinction.

5. The SEIS does not adequately value the intangible benefits that recreational spaces like Mount Diablo State Park provide. Oil and gas drilling is fundamentally incompatible with recreation uses and BLM should remove designated parklands from the planned locations for oil and gas leases.

The SEIS acknowledges that oil and gas leasing could occur within recreation areas, including Mount Diablo State Park and the planned Thurgood Marshall Regional Park near Concord. These parks are invaluable, providing ecological, cultural, and recreational opportunities that provide meaning and refuge for residents and visitors alike. The SEIS concludes that there is a "low-to-no" potential for oil and gas leasing in state, county, and local parks based on the RFDS, which makes assumptions based on historical patterns of oil and gas development. As mentioned above, it is problematic to rely on past development patterns to mitigate potential impacts when BLM is looking to lessen the restrictions on the type of extraction. Moreover, there is a very simple and sure method to ensure that the leasing activities do not happen in recreation areas: do not open the lands up for leasing.

The SEIS goes on to state that if oil and gas operations do occur in recreational areas where physical structures or equipment are allowed to be constructed or placed on site, "lease stipulations that minimize the visual contrast of new development, such as by requiring design elements that complement the predominant natural features of the characteristic landscape, would reduce the intensity of visual impacts and associated change to the recreation setting. Therefore, it is assumed that these measures would ameliorate impacts on recreation resources." It is difficult to imagine any oil and gas infrastructure design elements that could "complement" a natural landscape and fully "ameliorate" the visual impacts of such infrastructure. The SEIS must adequately explain how this would occur or remove this language and accurately assess the true impact.

6. Opening lands for oil and gas extraction will worsen air quality, increase greenhouse gas emissions, and exacerbate related climate impacts, which the SEIS does not adequately analyze. Instead, the SEIS focuses on extraction and does not analyze these downstream effects. The SEIS's analysis centers primarily on the extraction phase and gives limited attention to the consequences of refinement and usage, which understates the potential environmental impacts of the Proposal and leaves important climate-related considerations insufficiently addressed for the public.

Oil and gas extraction contributes to emissions of volatile organic compounds, particulate matter, carbon dioxide, nitrogen oxide, and methane, which degrade air quality and cause serious health risks, including

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asthma, cardiovascular disease, and cancer. The SEIS states that impacts related to air pollution would be "too small to cause a discernable change" because the existing emissions from other sources on BLM lands are much greater than those generated under the Proposal. In particular, the SEIS identifies wildfires and mobile sources (e.g., cars, trucks, construction equipment) as the top sources of criteria pollutants in the Planning Area. These two sources are intrinsically linked to oil and gas extraction; oil and gas directly fuel these top pollution sources, both literally in the case of gas-powered vehicles, and figuratively in the case of wildfires whose frequency and intensity are being exacerbated by climate change. By ignoring this link, the SEIS minimizes the Proposal's environmental impacts and does not fully disclose the impacts of the Proposal. Climate change clearly has "discernable" costs when, in 2025 alone, the United States suffered 23 climate disasters that each cost more than $1 billion and cumulatively resulted in 276 deaths. 3
Given these concerns, the City of Concord requests that BLM:

1. Provide an interactive map or database that clearly identifies the affected assessor's parcel numbers and jurisdictional boundaries for each alternative to facilitate a basic locational understanding of the Proposal.

2. Respect state and local regulations. BLM should adhere to local land use regulations, which generally do not permit the proposed uses in or near Concord. Moreover, BLM should respect EBRPD's plans for Thurgood Marshall Regional Park and the state of California's fracking ban and health buffer zone law prohibiting new oil wells within 3,200 feet of sensitive receptors.

3. Remove lands in and near Concord from the Proposal, consistent with the City's Climate Action Plan and Reuse Project Area Plan and EBRPD's plans for the Thurgood Marshal Regional Park.

4. Update the SEIS to adequately analyze and mitigate environmental impacts consistent with the Settlement Agreement. This includes incorporating relevant research and regulations since the 2019 Final EIS and divulging the Proposal's actual impacts on air quality, climate change, recreational resources, water quality, and biological resources.

The City of Concord appreciates the opportunity to comment. Thank you for your consideration. �y�
Mayor, City of Concord
cc: Concord City Council
City Manager Valerie Barone
Assistant City Manager Justin Ezell
City Clerk Joelle Fockler
EBRPD
City of Pittsburg
Contra Costa County
3 Climate Central, 2026. https://www.climatecentral.org/ climate-services/billion-dollar-dis asters

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Concord City CouncilMarch 24, 2026

Concord City Council
March 24, 2026