Agenda packet — Concord City Council, June 9, 2026 (part 1 of 4)

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
June 9, 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/86761264653?pwd=o2rbxqmOmbcSQYuCh-Pu- 8wTcyQ8LA.VFD84p5My0xIgW0L or Zoom Webinar ID: 867 6126 4653 and Passcode: 037099
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 - Vice Mayor Aliano

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

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

3. PRESENTATIONS
a. Presentation – by Concord Historical Society President Gail Van Tassell, Vice President Vivian Boyd, and Secretary Tracey Mattson presenting the City with a check from fundraising for the Don Fernando Pacheco Adobe renovation project. Introduction by Mayor Nakamura.
b. Presentation – from Contra Costa Health Services Director of Behavioral Health Services Suzanne Tavano providing an update on the Behavioral Health Wellness Campus at 1034 Oak Grove Road. 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 c. Presentation – to City Manager Valerie Barone congratulating her on her retirement. Introduction by Mayor Nakamura.

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 May 26, 2026, Special and Regular Meetings. Recommended by the City Clerk.
b. Considering – adoption of a Resolution accepting and appropriating grant funding from the Fiscal Year 2025 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $49,967 to the City of Concord as a second-tier sub-grantee and the Contra Costa County Office of the Sheriff as the direct awardee. Recommended by the Chief of Police.

CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15273, and/or 15378 including subsection (b)(4).
c. Considering – the following actions for the Clayton Valley Highlands Sanitary Sewer Repairs (Project No. 2729):

1. Award of a Construction Contract in the not-to-exceed amount of $440,232 to A3 Pipeline, authorizing a project contingency up to an additional 20% of the contract amount for a project located in the Clayton Valley Highlands neighborhood; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney (Funded by Sewer Operating Fund, Fund 710); and

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

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15303, 15304, and Public Resources Code (PRC) Section 21065.
d. Considering – adoption of a Resolution approving and authorizing the City Manager to execute an amended and restated Contra Costa Clean Water Program (CCCWP) Agreement. Recommended by the Director of Community Development.
5 CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. e. Considering – adoption of a Resolution approving and authorizing the City Manager to execute the Inspection Activities Agreement between the City of Concord, Central Contra Costa Sanitary District, and the Contra Costa County Flood Control and Water Conservation District for inspection services of certain industrial and commercial businesses in accordance with the Municipal Regional Permit. Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. f. Considering – approval of an amendment to the current service agreement with Sedgwick Claims Management Services for three years in the amount of $628,067, plus an additional $396,628 for other service fees, for a total not- to-exceed amount of $1,024,695 for services as the third party administrator of the City of Concord’s Self-Insured Workers’ Compensation program; appropriating $15,196 from the Workers Compensation Fund;[JE1.1] and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (Workers Compensation Fund) Recommended by the Director of Human Resources.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, California Code of Regulations Title 14 Sections 15060(c), 15061(b), 15273, and/or 15378.

Public Hearing Item on the City Council Consent Calendar g. Considering – adoption of a Resolution amending Exhibit A to Resolution No. 78-6042 (establishing fees and charges for various municipal services and programs in the City of Concord) to update Planning Division fees inadvertently omitted from the April 28, 2026, fee update. Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15061(b), 15262, 15273, and/or 15378.
6 5. CITY COUNCIL CONSIDERATION ITEMS
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – in order to recruit and retain experienced and qualified police officers, adoption of:
(1) A Resolution approving the negotiated terms and authorizing the City Manager to execute a three-year memorandum of understanding between the City of Concord and the Concord Police Association for the period of July 1, 2026, through June 30, 2029; and
(2) A Resolution approving the negotiated terms and authorizing the City Manager to execute a three-year memorandum of understanding between the City of Concord and the Concord Police Managers’ Representation Unit for the period of July 1, 2026, through June 30, 2029. Report by Mark Love, Human Resources Manager.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, California Code of Regulations Title 14 Sections 15061(b)(2), 15061(b)(3), and/or 15378(b)(4).
b. Considering – adopting a Resolution amending Policy and Procedure No. 2, City Council Meeting Procedures, and establishing the procedures for responding to disruption of telephonic or internet services during City Council meetings in accordance with Senate Bill 707, and other non-substantive changes to reflect current practice and procedure. Report by Joelle Fockler, City Clerk.

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

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Considering – adoption of a Resolution adopting the City of Concord’s Two- Year Capital Improvement Program Capital Budget for Fiscal Years (FY) 2027 and 2028 and Five-Year Capital Improvement Plan FYs 2027-2031.

Report by Bruce Davis, CIP Manager.

CEQA: Not a project under Public Resources Code 21065 and CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15273, and/or 15378. 7 b. Considering – the following:

1. Adoption of a Resolution Amending the Fiscal Year 2026-27 Municipal Budget;

2. Adoption of a Resolution Establishing the Appropriation Limit for the City of Concord for Fiscal Year 2026-27, Pursuant to California Constitution Article XIII B; and

3. Adoption of minor revisions to the City of Concord Investment Policy (Policy & Procedure No. 184). Report by Lisa Agustin, Budget and Treasury Officer.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15061(b), 15273, and/or 15378.
c. Considering – the adoption of a Resolution approving the collection of Rent Registry Fees, accrued interest, fines and/or penalties for properties which have failed to comply with the registration requirements pursuant to the City of Concord’s Residential Tenant Protection Program (Concord Municipal Code Chapter 19.40, including but not limited to Section 19.40.060, Annual Rental Registration) via imposition of a lien, lawsuit and/or legal means.

Report by Kelly Rush, Principal Housing Program Analyst.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15061(b)(3), 15273, and/or 15378.

7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to Assembly Member McKinnor re: AB 1383 (McKinnor) - Public employees' retirement benefits. Oppose (as amended May 13, 2026) - May 29, 2026
b. Letter to Assembly Member Solache re: Notice of Support - AB 2002 (Solache) - Local government assistance: Regional Early Action Planning Fund
c. Letter to Gustavo Velasquez, Director, California Department of Housing and Community Development re: Support of the County's proposal to the Encampment Resolution Fund Round 5 (ERF-5) Program - June 1, 2026 8 8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports

9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 6/23/2026 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.

Public Comment, 9 June 2026, Concord City Council Meeting Agenda Item 2 Dear Citizens and Taxpayers of Concord, Contra Costa County, California and the USA, President Trump, Governor Newsom, NY Times Readers, Contra Costa County Supervisors, My Neighbors, 2026 Candidates District 1,3,5,Treasure and current Concord City Council Subject: 13.4 years to pay off Concord Naval Weapons Station ReUse Project Dead Horse Concord’s City Council and City Manager the past 23 years have spent $42,574,707 of our hard earned tax dollars on City staff and 51 consultants for the Concord Naval Weapons Station ReUse Project in what Contra Costa County Grand Jury Report #2305 calls “A Promise Unfulfilled”. Concord’s City Council and City Manager have drained the City of Concord’s General fund, Self-insured workers compensation claim fund and Pavillion fund, loaning money to this project.

As a citizen of Concord at the top of the Organization Chart published on the City’s website I am directing the City Council now to pay off this dead horse. My plan is to cut out the very expensive layer of middle management marked in red on the Org Chart and Salary Schedule that the City Council approved in February. If this City Council cannot or will not act I will be looking for and supporting 2026 Candidates District 1,3,5,Treasure that can get the City of Concord’s fiscal house in order so us existing residents at the top of the Org Chart can get our street trees maintained and cut through traffic problems resolved.

2.a

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Thank you for reading this comment and studying the redline markups.

Leland Frayseth
https://www.cc-courts.org/civil/grand-jury-reports.aspx https://concordreuseproject.org/DocumentCenter

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cchealth.org
Oak Grove
Behavioral
Health Campus
Dr. Suzanne Tavano
June 9, 2026

3.b

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cchealth.org
A central hub for crisis response and urgent behavioral health care community services Funded by Measure X and funding secured by Congressman DeSaulnier • State-of-the-art call
center
• Outpatient mental
health services
• Peer respite services
Original Vision Sketch – Russel Meeks 2022
Oak Grove Campus

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cchealth.org
History of the Campus
Now, after a long period of vacancy, a state -of-the-art behavioral health facility • Two parcels with two
existing buildings
• Well-maintained yard
space
• Originally a skilled
nursing facility
• Later a residential
home for youth
• Later First Hope
Program office

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cchealth.org
Exterior Finishes

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cchealth.org
Exterior Finishes

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cchealth.org
Courtyard

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cchealth.org
Behavioral Health Center
• Behavioral Health Connect Clinic
• Behavioral Health Peer Respite
• Behavioral Health Access Line
• Open 7 days a week, 8:30 a.m. to 7:00 p.m.,
excluding holidays.

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cchealth.org
Behavioral Health Connect Clinic
• Community-based behavioral health clinic
• Quick access to assessment
• Time-limited outpatient services
• Referral to appropriate ongoing care
• Same-day support when possible
• 7 days a week
• Call Behavioral Health Access Line at 1-888-678-7277
How it works
• Clients receive brief triage
at clinic to determine
immediate needs
• Assessment completed, if
appropriate, to guide
treatment and connect to
ongoing care

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cchealth.org
Behavioral Health Connect Clinic
Transportation Solutions
• Coordination with county transit when
needed so clients can return to their
destination
• Flexible scheduling to support clients
using public transit or fixed-route options
• Approved ride-share services such as
Roundtrip
Parking Approach
• Dedicated client spaces available in
main lot for easy access.
• Signage and wayfinding help clients
navigate the lot and locate entrance.
• Staff parking in designated areas

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cchealth.org
Behavioral Health Peer Respite
Behavioral Health Peer Respite provides a short-term, community-based setting where guests can find connection, wellness, rest, and safety.

Peer Support: One-on-one and group-based support from trained community support workers Crisis Navigation: Non-judgmental listening and support for guests experiencing emotional distress Wellness Tools: Self-directed recovery planning tools suchas Taking Action for Whole Health and Well- being
Resource Navigation: Connections to housing, legal resources, food access, long-term wellness options and community organizations
Wellness Activities: Opportunities for mindfulness, meditation, art, gardening, and reflection in a calm and supportive environment
Services offered by trained peer staff with lived experience navigating mental health, trauma, and recovery.

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cchealth.org
Behavioral Health Access Line
Connect clients to behavioral health services and confirm health coverage
Coordinate/provide referrals and schedule appointment
for mental health and substance use treatment.

Share community resources that support wellness,
recovery, and resiliency.

Offer brief counseling and interventions using motivational interviewing techniques.

Guide navigation through the Contra Costa behavioral
health system and help resolve access barriers.

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cchealth.org
Summary
Opening New Doors to Behavioral Health Care
• Central hub for crisis response, assessment, and connection to care • Brings together the Behavioral Health Connect Clinic, Peer Respite, and Behavioral Health Access Line in one location
• Expands timely access to behavioral health services and community-based support • Grand opening planned for Summer 2026
We appreciate the Concord City Council's partnership and will continue to keep the Council informed as the campus begins serving the community.

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cchealth.org
Thank You

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SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CONFERENCE ROOM
1950 PARKSIDE DRIVE, WING A

CONCORD, CALIFORNIA
TUESDAY, MAY 26, 2026
The Concord City Council met in a special meeting in the City Council Conference Room, located at 1950 Parkside Drive, Wing A, Concord, California at 5:30 p.m. on Tuesday, May 26, 2026, with Mayor Nakamura presiding and all Councilmembers present. (Councilmember Hoffmeister arrived at 5:45 p.m.) Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

No public comment was received.

A closed session was held on CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 2 Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore Employee organizations: Peace Officer Representation Unit of Concord Police Officers Association; and Police Managerial Representation Unit of Police Managers’ Association; and

CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore Employee organizations: Administrative, Technical & Clerical Representation Unit and Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856; and Professional Representation Unit of OPEIU Local 29; and

CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 2 Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore Employee organizations: Executive, Management & Confidential Employees

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 26, 2026, at 6:20 p.m.

LAURA M. NAKAMURA
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

4.a4.a

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REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE CONCORD-PLEASANT HILL

HEALTH CARE DISTRICT/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MAY 26, 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, May 26, 2026, with Mayor Nakamura presiding. The pledge of allegiance was led by Councilmember Obringer. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Pablo Benavente, Laura Hoffmeister, Carlyn Obringer, Laura Nakamura
CITY TREASURER PRESENT: Patti Barsotti
STAFF PRESENT: Valerie Barone, City Manager; Thomas Capriola, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Monique Robinson, Deputy City Clerk; Guy Bjerke, Director of Economic Development and Base
Reuse; Mindy Gentry, Director of Community Development; Kit Jory, Director of Public Works; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Mark Love, Human
Resources Manager; Jeff Rayos, Administrative Services
Manager; William Gallagher, Public Works Supervisor; Bruce Davis, Senior Civil Engineer; Himmat Bains, Senior Financial Analyst; Alex Diosdado, Urban Forester; Andrea Moreira, Senior Administrative Analyst; Sara Castro, Senior Human Resources Analyst; Aldrich Bautista, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Jeanette Green; Peter Carver Bennett, Concord; Rick Solis, Carpenters Union Local 152; Tim Sbranti, Contra Costa Building Trades; Juan Pablo Galvan Martinez;, Save Mt. Diablo; Tom Hansen, Crockett; Matt Regan, Bay Area Council; Margaret Stern, East Bay Leadership Council; Devlyn Sewell, Concord; J.T. Harechmak, Non-Profit Housing Association of Northern California; Joey Flegel-Mishlove, East Bay Housing
Organizations; Courtney Pal, Resources for Community
Development; Eric Haynes, Sheetmetal Workers Local 104; Anonymous

PUBLIC COMMENT PERIOD
Jeanette Green, thanked the City for street paving and construction in the Holbrook Heights neighborhood area.

Peter Carver Bennett, Concord, spoke of his losses.

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City Council Minutes May 26, 2026
2 PRESENTATIONS

BART UPDATE
No public comment was received.

FAMILY JUSTICE CENTER UPDATE
Public comment provided by Peter Carver Bennett, Concord.

CORE PROGRAM UPDATE
Public comment provided by Peter Carver Bennett, Concord.

CITY COUNCIL/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT (CPHHCD)/LOCAL REUSE

AUTHORITY (LRA) CONSENT CALENDAR
No public comment was received.

City Council Consent Calendar
APPROVE MINUTES – April 23 and May 12, 2026, Special Meetings and May 12, 2026, Regular Meeting A motion was made by Aliano and seconded by Benavente to approve the minutes from the April 23 and May 12, 2026, Special Meetings and May 12, 2026, Regular Meeting. The motion passed by unanimous vote of the Council.

RECEIVE TREASURER’S REPORT – January 1, 2026 - March 31, 2026 A motion was made by Aliano and seconded by Benavente to receive the Treasurer’s Report for the period of January 1 – March 31, 2026. The motion passed by unanimous vote of the Council.

APPROVE AGREEMENT WITH CONTRA COSTA COUNTY HEALTH SERVICES - CORE Services A motion was made by Aliano and seconded by Benavente to approve an agreement with Contra Costa County Health Services to provide a three-member team working fulltime in Concord to provide Coordinated Outreach Referral and Engagement (CORE) services for three years within the City of Concord in a not-to-exceed amount of $1,491,842 ($473,225 for FY2026-27, $496,886 for FY2027-28, and $521,731 for FY2028-29); and authorize the City Manager to execute the Agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPROVE LICENSE AGREEMENT – ABC Tree Farms, LLC
A motion was made by Aliano and seconded by Benavente to approve a License Agreement with ABC Tree Farms, LLC for a fee of $5,775 per month from September through December 2026 ($23,100 total) to allow temporary operation of a pumpkin patch and Christmas tree lot for the property bounded by Clayton Road, Concord Boulevard, and Galindo Street; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

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City Council Minutes May 26, 2026
3 ADOPT RESOLUTION NO. 26-29 – Authorizing the City Manager to Submit City of Concord Fiscal Year 2026-27 Action Plan
A motion was made by Aliano and seconded by Benavente to adopt Resolution No. 26-29 entitled, “A Resolution Authorizing the City Manager to Submit the City of Concord Fiscal Year 2026-27 Action Plan to the U.S. Department of Housing and Urban Development Consistent with the Program Rules which Govern the Receipt and Expenditure of Community Development Block Grant Funds Allocated by the U.S. Department of Housing and Urban Development During FY 2026-27; Appropriating and Authorizing Disbursement of $88,200 from the Cannabis Community Benefit Fund (Fund 292); and Execution of all Attendant Documents and Agreements for FY 2026-27.” The motion passed by unanimous vote of the Council.

APPROVE SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT – Jerry Tiansing dba Russo Autobody
A motion was made by Aliano and seconded by Benavente to approve a second amendment to Maintenance Services Agreement No. 3446 with Jerry Tiansing, dba Russo Autobody, to increase the annual agreement amount for autobody repair services for the City’s fleet vehicles from $90,000 to $140,000 for Fiscal Years 2027 and 2028 ($280,000 total) and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

AUTHORIZE PROCUREMENT OF ASPHALT – County Quarry Products and Antioch Building Materials A motion was made by Aliano and seconded by Benavente to authorize the procurement of asphalt from the following two (2) vendors to support the Residential Roadway Maintenance – Street Patch Crew from 7/1/26 to 6/30/29, in the annual not to exceed amount of $1,906,200 increasing 5% per fiscal year ($6,006,296 total) to: 1) County Quarry Products $1,396,200 for FY 2027; and 2) Antioch Building Materials $510,000 for FY 2027. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 26-30 - Road Repair and Accountability Act Of 2027 A motion was made by Aliano and seconded by Benavente to adopt Resolution No. 26-30 entitled, “A Resolution Adopting a List of Projects for Fiscal Year 2026-27 Funded by SB 1: The Road Repair and Accountability Act of 2017.” The motion passed by unanimous vote of the Council.

REJECT ALL BIDS – Newhall Park Water Quality Improvement (Project No. 2353) A motion was made by Aliano and seconded by Benavente to reject all bids submitted for the Newhall Park Water Quality Improvement (Project No. 2353), and direct staff to re-advertise the project for bids. The motion passed by unanimous vote of the Council.

AWARD CONSTRUCTION CONTRACT AND APPROVE BUDGET TRANSFER – Street Median Turf Conversion Project (Project No. 2384)
A motion was made by Aliano and seconded by Benavente to:

1. Award a Construction Contract in the not-to-exceed amount of $226,636 to CLS Cervantes Landscape Services Inc., including a $197,075 base amount and an additional 15% as project contingency for contract change orders, for street median landscaping renovations, and authorize the Mayor to execute the contract in a form acceptable to the City Attorney and;

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City Council Minutes May 26, 2026
4 2. Approve a related budget transfer and appropriation of $500,000 (Fund 407) from Clayton Road Pavement Rehabilitation (Project No. 2609) to Street Median Turf Conversion (Project No. 2384).

The motion passed by unanimous vote of the Council
APPROVE FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – Western States Oil A motion was made by Aliano and seconded by Benavente to a fifth amendment to Professional Services Agreement No. 3255 with Western States Oil to continue providing renewable diesel fuel, increasing spending authority from $120,000 to $210,000, and extending the term through January 11, 2027, with two renewal options, and authorize the City Manager to execute the Amendment in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

Public Hearing Item on the Consent Calendar
ADOPTION OF RESOLUTION NOS. 26-31-, 26-32, 26-33, and 26-34 – Confirming the Annual Engineer’s Report and Assessment Diagrams for Levies and Assessments This item was pulled from consideration on the Consent Calendar by Mayor Nakamura who recused herself from the item due to economic interest in real property resulting from proximity to her primary residence and left the dais.

A motion was made by Obringer and seconded by Benavente to adopt Resolution No. 26-31 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Downtown Landscape Maintenance District for Fiscal Year 2026/27.” The motion passed by the following vote of the Council:

AYES: Aliano, Benavente, Hoffmeister, Obringer NOES: None ABSENT: Nakamura A motion was made by Obringer and seconded by Benavente to adopt Resolution No. 26-32 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Pine Hollow Estates Landscape and Lighting Maintenance District for Fiscal Year 2026/27.” The motion passed by the following vote of the Council:

AYES: Aliano, Benavente, Hoffmeister, Obringer NOES: None ABSENT: Nakamura A motion was made by Obringer and seconded by Benavente to adopt Resolution No. 26-33 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Landscape and Lighting Maintenance District No. 3 for Fiscal Year 2026/27.” The motion passed by the following vote of the Council:

AYES: Aliano, Benavente, Hoffmeister, Obringer NOES: None ABSENT: Nakamura A motion was made by Obringer and seconded by Benavente to adopt Resolution No. 26-34 entitled, “A Resolution Confirming Assessment Diagram and Levy of Assessments for Maintenance within the Citywide Street Lighting Assessment District for Fiscal Year 2026/27.” The motion passed by the following vote of the Council:

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

Page 5 of 8 ends

City Council Minutes May 26, 2026
5 City Council Sitting as the Concord/Pleasant Hill Health Care District Consent Calendar ADOPT CONCORD/PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 26-046 – Authorizing Executive Director to Disburse $550,000 in Grant Funds This item was pulled from consideration on the Consent Calendar by Mayor Nakamura who recused herself from the item due to serving on the Board of Directors of an applicant who was not recommended for an award of funds.

A motion was made by Obringer and seconded by Benavente to adopt Resolution No. 26-046 entitled, “A Resolution Authorizing the Executive Director to Disburse $550,000 in Funds and Execute All Attendant Documents and Agreements for Fiscal Year 2026/27 Funding on Behalf of the Concord/Pleasant Hill Health Care District (Subject to District Counsel Approval); Accept and Appropriate $525,000 from Concord/Pleasant Hill Health Care District Fund 530 Grant Funds; and Accept and Appropriate $25,000 from John Muir Health for Administration of the Program.” The motion passed by the following vote of the Council:

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

The Public Hearing item (Agenda Item No. 6a) was considered out of agenda order.

CITY COUNCIL PUBLIC HEARING

RECEIVE STATUS OF VACANCIES, RECRUITMENT, AND RETENTION EFFORTS Mark Love, Human Resources Manager, introduced Sara Castro, Senior Human Resources Analyst, who presented the staff report.

No public comment was received.

The City Council received the report on the status of vacancies, recruitment, and retention efforts.

Mayor Nakamura recessed the meeting at 8:32 p.m. The meeting resumed at 8:42 p.m.

The City Council Sitting as the Local Reuse Authority Consent Calendar (Agenda Item No. 4.n) and the City Council Sitting as the Local Reuse Authority Consideration Item (Agenda Item No. 5.a) were considered at the same time.

City Council Sitting as the Local Reuse Authority Consent Calendar APPROVE THIRTEEN PROFESSIONAL/LEGAL SERVICES AGREEMENTS – Local Reuse Authority A motion was made by Aliano and seconded by Obringer to approve 13 Professional or Legal Services Agreements (Agreements) for various consultant services for the Local Reuse Authority’s (LRA) work related to the redevelopment of the former Concord Naval Weapons Station (CNWS) for a total not- to-exceed amount of $3,732,170 through March 31, 2027, and authorize the Executive Director of the LRA to execute the agreements in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

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City Council Minutes May 26, 2026
6 CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA) CONSIDERATION ITEM ACCEPT TERM WITH U.S. NAVY, ACCEPT REVISIONS TO BCUS ACQUISITIONS LLC (BROOKFIELD) TERM SHEET, AND ADOPT AMENDMENTS TO EXCLUSIVE NEGOTIATING

AGREEMENT WITH BCUS ACQUISITIONS LLC (BROOKFIELD)
Guy Bjerke, Director of Economic Development and Base Reuse, presented the staff report.

Public comment was provided by:

Rick Solis, Carpenters Union Local 152
Tim Sbranti, Contra Costa Building Trades
Juan Pablo Galvan Martinez, Save Mt. Diablo
Tom Hansen, Crockett
Matt Regan, Bay Area Council
Margaret Stern, East Bay Leadership Council
Devlyn Sewell, Concord
J.T. Harechmak, Non-Profit Housing Association of Northern California Joey Flegel-Mishlove, East Bay Housing Organizations
Courtney Pal, Resources for Community Development
Peter Carver Bennett, Concord
Eric Haynes, Sheetmetal Workers Local 104
Anonymous
A motion was made by Hoffmeister and seconded by Obringer to accept the Term Sheet with U.S. Navy for the Economic Development Conveyance Property at the former Concord Naval Weapons Station; accept the Revisions to the BCUS Acquisitions LLC (Brookfield) Term Sheet; and adopt amendments to the Exclusive Negotiating Agreement with BCUS Acquisitions LLC (Brookfield). The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Letter to California State Transportation Agency re: Support for Contra Costa Countywide Transit Signal Priority Project – TIRCP Cycle 8 – May 7, 2026
b. Letter to Senator Tim Grayson re: Notice of Opposition to SB 866 (Blakespear) Homeless Housing, Assistance, and Prevention Program; housing element - May 19, 2026 c. Agenda Item 2.a – Written Public Comment
d. Agenda Item 3.a – A Defining Year for BART Update - PowerPoint Presentation e. Agenda Item 3.b – Family Justice Center Update - PowerPoint Presentation f. Agenda Item 3.c – CORE Fiscal Year 2025-2026 Update - PowerPoint Presentation g. Agenda Item 4.n – Benched Correspondence
h. Agenda Item 5.a – Benched Correspondence
i. Agenda Item 5.a – Navy Term Sheet for Reuse Project - 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.

Page 7 of 8 ends

City Council Minutes May 26, 2026
7 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 26, 2026, at 10:23 p.m.

LAURA M. NAKAMURA
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Page 8 of 8 ends

Staff Report
Date: June 9, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Matt Cain, Police Lieutenant
[email protected]
(925) 603-5865
Subject: Considering adoption of a Resolution accepting and appropriating grant funding from the Fiscal Year 2025 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $49,967 to the City of Concord as a second-tier sub-grantee and the Contra Costa County Office of the Sheriff as the direct awardee.

CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15273, and/or 15378 including subsection (b)(4).

Report in Brief
On April 8, 2026, the Contra Costa County Office of the Sheriff (CCCSO) announced that Fiscal Year 2025 Edward Byrne Memorial Justice Assistance Grant (JAG) Program will award $49,967 to the City of Concord as a second tier subrecipient. The Contra Costa County Office of the Sheriff is the direct awardee of JAG 2025 grant funds.

Council is being requested to adopt a Resolution accepting and appropriating the grant funding and authorizing the City Manager to execute any agreement, Memorandum of Understanding (MOU) and/or other materials as necessary in order to meet the program goals and expend such grant funds. The grant funds will be used to provide for one Limited- Service Public Safety Position (Police Officer Trainee).

Recommended Action
Adopt a Resolution accepting and appropriating grant funding from the Fiscal Year 2025 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of

4.b4.b

Page 1 of 5 ends

City Council Agenda Report
Agenda Item No. 4.b
June 9, 2026
$49,967 to the City of Concord as a second-tier sub-recipient and the Contra Costa County Office of the Sheriff as the direct awardee.

Background
The JAG is a federal source of funding for local law enforcement agencies administered by the Bureau of Justice Assistance (BJA). The grant was created and named in honor of New York Police Department Officer Edward Byrne who was murdered in the line of duty in 1988.

On April 8, 2026, the CCCSO notified the Concord Police Department that Fiscal Year 2025 Edward Byrne Memorial JAG Program will award $49,967 to the City of Concord as a second-tier sub-grantee and that the CCCSO is the direct awardee of JAG 2025 funds. CCCSO was notified by Office of Justice Program (OJP) on Local JAG allocations including subrecipients. JAG 2025 estimated performance period is October 1, 2024, through September 30, 2028. JAG is on federal fiscal year which begins in October and ends in September.

The City of Concord was required to submit a FY2025 JAG Grant Program Narrative, Budget Worksheet and other required documentation to CCCSO by April 17, 2026 so they can submit the application as the direct awardee to OJP by their required deadline.

The grant award process involves CCCSO’s submission of the application, preparation of a MOU, and providing other documents as necessary which may take several months. Once the MOU is finalized and eventually fully executed and any required reports are submitted to CCCSO for submission to OJP, the City will be reimbursed for the approved grant funding amount requested.

Analysis
The JAG 2025 grant will be used primarily for one limited-service public safety position.

The City of Concord’s Program Narrative was submitted as follows:

Objective:

Offset the costs associated with sponsoring one (1) Limited-Service Public Safety Position (Police Trainee) in a POST Certified Police Academy. To continue our recruitment efforts for the Police Department, we are sponsoring trainees in the Police Academy which will aid in the development and retention of new officers. Moreover, this will enable the department to bolster first-responder services to the community, enhance various law enforcement programs, and support efforts to attract and retain an all-inclusive and accountable law enforcement workforce. These employees are provided an hourly wage, necessary uniforms and equipment needed to complete the academy and their academy tuition is paid for by the sponsoring agency.

Environmental Determination
This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065,

Page 2 of 5 ends

City Council Agenda Report
Agenda Item No. 4.b
June 9, 2026
CEQA Guidelines Section 15060(c)(2), 15273, and/or 15378 including subsection (b)(4).

If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3).

Financial Impact
No matching funds are required to accept and appropriate the grant funds.

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution accepting and appropriating grant funding.

Page 3 of 5 ends

Attachment 1
Res. No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting and Appropriating Grant
Funding from the Fiscal Year 2025 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program in
the Amount of $49,967 to the City of Concord as a
Second Tier Sub-Grantee and the Contra Costa
County Office of the Sheriff as the Direct Awardee
Resolution No. 26--XX
/
WHEREAS, on April 8, 2026, the Contra Cosa County Office of the Sheriff announced that the Fiscal Year 2025 Edward Byrne Memorial Justice Assistance (JAG) Grant Program will award $49,967 to the City of Concord as a second-tier sub-grantee; and WHEREAS, the funds will be used for a limited-service public safety position (Police Officer Trainee) during the estimated period of October 1, 2024, to September 30, 2028; and WHEREAS, the Chief of Police has recommended acceptance of the Fiscal Year 2025 Edward Byrne Memorial Justice Assistance (JAG) Grant award.

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

Section 1. This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15273, and/or 15378 including subsection (b)(4). If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). This determination reflects the City’s independent judgment and analysis.

Section 2. Accept these grant funds in the amount of $49,967.

Section 3. Authorize the appropriation and use of these funds for expenditure on the public safety position as outlined in the grant documents for the Edward Byrne Memorial Justice Assistance (JAG) Grant 2025.

Section 4. Authorize the City Manager and Chief of Police to execute any agreements, Memorandum of Understanding (MOU) and/or other materials as necessary to meet the program goals

Page 4 of 5 ends

Attachment 1
Res. No. 26-XX 2
and expend such grant funds, subject to the City Attorney approval.

Section 5. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on June 9, 2026, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 26-## was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 9, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Page 5 of 5 ends

Staff Report
Date: June 9, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering the following actions for the Clayton Valley Highlands Sanitary Sewer Repairs (Project No. 2729):

1. Award of a Construction Contract in the not-to-exceed amount of $440,232 to A3 Pipeline, authorizing a project contingency up to an additional 20% of the contract amount for a project located in the Clayton Valley Highlands
neighborhood; and authorizing the Mayor to execute the
contract in a form acceptable to the City Attorney (Funded by Sewer Operating Fund, Fund 710); and

2. Authorizing the City Engineer to accept the improvements upon completion of the project and directing the City Clerk to file a Notice of Completion.

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

Report in Brief
Clayton Valley Highlands Sanitary Sewer Repairs (Project No. 2729) will involve rehabilitation, repair, and replacement of existing sanitary sewer pipes in the Clayton Valley Highlands neighborhood (Project). See Attachment 1 for the Location Map.

4.c4.c4.c4.c

Page 1 of 10 ends

City Council Agenda Report
Agenda Item No. 4.c
June 9, 2026
The work consists of pipe spot repairs on existing sanitary sewer mains, to be completed through the following methods: open trench replacement using new polyvinyl chloride (PVC) pipe, pipe lining with cured-in-place pipe (CIPP), and pipe replacement using pipe-bursting.

Project No. 2729 has been designed and competitively bid and is at the point of construction contract award. If award is approved by the City Council (Council), project construction in the field is expected to begin in July 2026 and be completed by October 2026.

Recommended Action

1. Award a Construction Contract in the not-to-exceed amount of $440,232 to A3 Pipeline, authorizing a project contingency up to an additional 20% of the contract amount for the Clayton Valley Highlands Sanitary Sewer Repairs (Project No. 2729) located in the Clayton Valley Highlands neighborhood; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney (Funded by Sewer Operating Fund, Fund 710);

2. Authorize the City Engineer to accept the improvements, upon completion of the project and direct the City Clerk to file a Notice of Completion; and

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

Background
In June 2024, Council adopted the Capital Budget for Fiscal Years 2024-25 and 2025- 26, which included funding the design and construction of the Project. The Project scope includes sewer rehabilitation in the Clayton Valley Highlands neighborhood. The rehabilitation includes repair and replacement of existing sanitary sewer mains with spot repairs using the following methods: open trench replacement using new polyvinyl chloride (PVC) pipe, pipe lining with cured-in-place pipe (CIPP), and pipe-bursting replacement.

On December 3, 2024, a task order was approved for Schaaf & Wheeler Consulting Civil Engineers (Schaaf & Wheeler) to provide design engineering and related services for Clayton Valley Highlands Sanitary Sewer Repairs (Project No. 2729). The design was completed in March 2026.

If award is approved by the City Council (Council), project construction in the field is expected to begin in July 2026 and be completed by October 2026.

Procurement Process
Construction Contract
The project was advertised for construction bids as required by state law and City policy. The Engineer’s Estimate for the Total Bid is $950,000. During the bid period, one Bid Addendum was issued. Bids were opened on April 16, 2026. Six (6) bids were

Page 2 of 10 ends

City Council Agenda Report
Agenda Item No. 4.c
June 9, 2026
received in the amounts ranging from $440,232 to $829,850. The lowest bid was received from A3 Pipeline of San Francisco, CA. A summary of the three lowest bids is as follows (Attachment 2):

BID

SCHEDULE
Engineer's
Estimate
A3 Pipeline APB General
Engineering
FJ&I
Engineering
Base Bid $950,000.00 $440,232.00 $528,800.00 $538,050.00 A3 Pipeline was the low bidder and submitted a responsive and responsible bid. A3 Pipeline has an appropriate and valid contractor’s license and satisfactory work references.

City staff (Staff) completed analysis of A3 Pipeline’s bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, and are not on any debarred lists. A3 Pipeline is registered with the Department of Industrial Relations as required by Senate Bill (SB) 854. A3 Pipeline and their subcontractors have submitted the required agreement to be bound to the Citywide Project Stabilization Agreement.

Analysis
Bids received were low in comparison to the Engineer’s Estimate. After Staff completed analysis of the bids, it was determined that some of the bid line items had a conservatively high engineering estimate compared to the actual bids received. In addition, one bid line-item quantity was estimated to be conservatively high compared to the actual quantities needed for the Project. Due to these reasons, bids received were low in comparison to the Engineer’s Estimate.

Financial Impact
To award the base bid contract and to provide for construction management, inspection and testing services, staff oversight, and an appropriate contingency of 20%, a total of $630,000 is required. The available funds in the project after accounting for the project design and bidding is approximately $1,236,000. The award amount falls within the available funds for the Project.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the award of the contract does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment. Even if the award of the contract did constitute a project under CEQA, it falls within the “common sense” exemption set forth in 14 Cal. Code

Page 3 of 10 ends

City Council Agenda Report
Agenda Item No. 4.c
June 9, 2026
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.”
In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15273 – Rates, Tolls, Fares, and Charges, 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves de minimis construction of sewer rehabilitation work and consists of the creation of government funding mechanisms or other government fiscal activities which do not constitute a “project”. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. Accordingly, no further environmental review is warranted. This determination reflects the City’s independent judgement and analysis.

The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Summary

3. Construction Contract

Page 4 of 10 ends

Attachment 1
Project Location Map
Clayton Valley Highlands Sanitary Sewer Repairs
City Project No
. 2729
REPAIR #1
REPAIR #10
REPAIR #2
REPAIR #3
REPAIR #4
REPAIR #5
REPAIR #6
REPAIR #7
REPAIR #8
REPAIR #9
REPAIR #11
REPAIR #12
REPAIR #13
REPAIR #14

PINE HOLLOW ROAD

PENNSYLVANIA BLVD

KRONA LANE

MICHIGAN BLVD

KRONA LANE

Page 5 of 10 ends

City of Concord
Bid Sheet
PROJECT #2729 Bid Opening:

Thursday,
April16,2026
2:00 p.m.

Clayton Valley Highlands
Garden Conference Room
Engineer's Estimate: $ To be awarded:

CoMPANY ToTAL BID
A'3 Pipeline
12 I Quint St.

San Francisco , CA 94124
DIR: 1000977207
s432,232.00
APB General Engineering
2721 Kevin Rd.

San Pablo, CA 94806
DIR: 1000058019
ss28,800.00
FJ&l Engineering
l98l 2l't Street
San Pablo, CA 94806
DIR: 1000714107
s538,050.00
California Trenchless Inc
23 l5 Dunn Road
Hayrvard, CA94545
DIR: 1000011834
$680,160.00
Devaney Engineers Inc
2655 Yan Ness Ave Suite 3
San Francisco, CA 94109
DIR: 1000022863
s774,200.00
Kerex Engineering Inc
4941 Pacheco Blvd
Martinez, CA 94553
DIR:1000033698
s829.850.00
Contact: Dey ext.3049
$440,232.00
Attachment 2

Page 6 of 10 ends

City of Concord
1950 Parkside Drive, MS/40
Concord, CA 94519
Contract
This public works contract (“Contract”) is entered into by and between the City of Concord (“City”) and A3 Pipeline (“Contractor”), for work on the Clayton Valley Highlands Sanitary Sewer Repairs Project (City Project No. 2729) (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On June 9, 2026, the City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

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

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed

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

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $440,232.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 60 working days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

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

Attachment 3

Page 7 of 10 ends

1) Contractor shall pay to the City of Concord $3,000 per day for each and every calendar day(s) delay in completing the work in excess of the number of working days specified.
2) The Contractor shall pay to the City of Concord $500 per hour for each hour that the Contractor performs work outside the hours of work without prior approval in writing from the City).

7. Labor Code Compliance.

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

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

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

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

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

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

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

City:

Clayton Valley Highlands Sanitary Sewer Repairs
1950 Parkside Drive M/S 40
Concord, CA 94519
Attn: Deyuanne Lei, Associate Civil Engineer

Page 8 of 10 ends

[email protected]
Contractor:

Name: A3 Pipeline
Address: 121 Quint Street
City/State/Zip: San Francisco, CA 94124
Phone: (415) 214-4395
Attn: Alfredo Gonzalez, President
Email: [email protected]

12. General Provisions.

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

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

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

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

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

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

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

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

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

CITY: Approved as to form:
s/_______________________________ s/__________________________________ Laura Nakamura, Mayor Susanne Brown, City Attorney
Date: ___________________________ Date: ______________________________ Finance Director Certification:

I hereby certify that adequate funds exist or will be
received during the current fiscal year 2025-2026 to pay the anticipated expenses to be incurred pursuant to this contract. The sum of $440,232.00
Account Code: 710-9500-C999-74200 /
710-2729-115-74200
Attest:
s/_______________________________ s/_______________________________ Joelle Fockler, City Clerk Margret O’Brien, Finance Director Date: ___________________________ Date: ___________________________ CONTRACTOR: ___________________________________________________ A3 Pipeline
s/_______________________________ Seal:
_________________________________
Alfredo Gonzalez, President
[email protected]
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Email
Date: ____________________________
_______________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

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

Report in Brief
The Contra Costa County Flood Control and Water Conservation District, Contra Costa County, and 19 incorporated cities and towns are joint permittees under the Municipal Regional Stormwater National Pollution Discharge Elimination System (NPDES) Permit (No. CAS612008), which requires countywide coordination for stormwater compliance.

The eighteen other cities are: Antioch, Brentwood, Clayton, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, and Walnut Creek. The current joint program agreement has expired and is being replaced with a new, amended, and restated Agreement that would be effective July 1, 2026, through June 30, 2041 (Exhibit A to Attachment 1).

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City Council Agenda Report
Agenda Item No. 4.d
June 9, 2026
Recommended Action
Adopt a Resolution approving and authorizing the City Manager to execute an amended and restated Contra Costa Clean Water Program (CCCWP) Agreement.

Background
The 1987 reauthorization of the Federal Clean Water Act and the Porter-Cologne Water Quality Control Act (California Water Code, Division 7, Water Quality) required local agencies to have an NPDES permit. The San Francisco Regional Water Quality Control Board (SFRWQCB) orders NPDES permit requirements for agencies in the Bay Area to improve water quality in local creeks, the delta and San Francisco Bay. Excellent water quality supports beneficial uses such as wildlife habitat, recreation, commerce, tourism, and aesthetics. On September 15, 1993, the SFRWQCB issued the CCCWP, including Concord, the first Joint Municipal NPDES Permit covering five years. On July 21, 1999, the second NPDES permit was issued covering another five years. On October 14, 2009, the SFRWQCB issued the first regional permit covering more than one county and has been referred to as the Municipal Regional Permit (MRP). The MRP was reissued in 2015 (MRP 2) and again in 2022 (MRP 3). MRP 3 was amended in October 2023 and has a 5-year term and is set to expire in 2027.

In May 1998, the Council approved Resolution No. 98-53 to join the Contra Costa Clean Water Program (CCCWP), which includes the Contra Costa County Flood Control and Water Conservation District, Contra Costa County, and eighteen other Contra Costa cities. CCCWP was formed to coordinate the development and implementation of our joint municipal NPDES permit for stormwater discharge. The CCCWP agreement covered the timeframe of 1998-2003. In July 2003, Council approved Resolution No. 03- 44 extending the agreement until 2010. In July 2010, Council approved Resolution No. 10-63 extending the agreement until 2025.

Due to the expiration of the prior agreement, CCCWP has continued operating on a month‑to‑month basis, maintaining existing provisions and program responsibilities to ensure ongoing compliance with the Municipal Regional NPDES Permit until a new long-term agreement is approved.

Over the years, each new permit has become progressively more complicated, prescriptive, and expensive to implement. The current Municipal Regional Permit (MRP) covers four counties and all the cities therein. In all, it regulates 75 co-permittees, 65 cities/towns, four counties, and six special districts.

CCCWP activities are funded by a Stormwater Utility Assessment (SUA). In March 1993, the City of Concord entered into a Cost Payment Agreement with the Contra Costa County Flood Control and Water Conservation District to collect SUA on the City’s behalf and conduct activities required to comply with the joint municipal NPDES permit. In November 1999, the Council adopted Resolution 99-107 approving a SUA agreement with the District replacing the Cost Payment Agreement. Concord’s SUA of

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City Council Agenda Report
Agenda Item No. 4.d
June 9, 2026
$35 per single-family parcel is reauthorized annually. City Council recently reauthorized the SUA on March 10, 2026.

Analysis
Since January 2025, the CCCWP Management Committee – comprised of jurisdiction staff -- has reviewed a draft renewal agreement that introduces significant updates to administrative processes, committee structures, and compliance frameworks.

Additionally, the amended and restated agreement for July 1, 2026 – June 30, 2041, outlines long-term obligations, cost-sharing formulas, and governance provisions for all co-permittees.

By adopting the Resolution (Attachment 1), the City Council would approve the extension of the CCCWP Agreement with the following main changes:

1. Administrative and Contracting Updates: Aligning contracting processes with Contra Costa County procurement standards and clarifying indemnification provisions.

2. Committee Structure: Introducing tiered participation based on population size and formalizing roles for sub-committees such as Administrative, Monitoring, Development, Public Information, and Municipal Operations.

3. Termination and Continuity: Revised withdrawal procedures and a provision allowing the expired agreement to remain in effect until renewal is executed, ensuring uninterrupted operations and compliance.

4. Program Staffing Flexibility: Options for staff augmentation to minimize operational disruptions.

5. Cost Allocation: Future program costs will be apportioned based on population using a standardized formula.

Financial Impact
There is no fiscal impact as SUA assessments will continue to offset program costs.

Future program costs will be allocated proportionally based on population as outlined in the Agreement’s cost-sharing formula.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), executing a the CCCWP Agreement does not constitute a "project," within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), and/or 15378, because it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the

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City Council Agenda Report
Agenda Item No. 4.d
June 9, 2026
environment. Even if this action did constitute a “project” under CEQA, it 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…”. Accordingly, no further environmental review is warranted. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution approving an amended and restated Contra Costa Clean Water Program Agreement
Exhibit A - Contra Costa Clean Water Program (CCCWP) Agreement

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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- an Amended and Restated
Contra Costa Clean Water Program Agreement
Resolution No. 26-XX
/
WHEREAS, the Municipal Regional Stormwater National Pollution Discharge Elimination System (NPDES) Permit, NPDES Permit No. CAS612008 issued by the San Francisco Bay Regional Water Quality Control Board (“Municipal Regional Permit”), requires the CITY, as a permittee, to implement best management practices and other control measures in order to control the discharge of pollutants through its municipal stormwater system; and WHEREAS, the cities of Antioch, Brentwood, Clayton, Concord, El Cerrito, Hercules, Lafayette, Martinez, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, and Walnut Creek; the towns of Danville and Moraga; and the County of Contra Costa and Contra Costa County Flood Control and Water Conservation District (“Co-Permittees”) are joint permittees under the Municipal Regional Permit; and
WHEREAS, the Co-Permittees have historically been parties to a joint program agreement to establish the “Contra Costa Clean Water Program” for the purpose of administering joint obligations under the Municipal Regional Permit on behalf of the Co-Permittees; and WHEREAS, the Co-Permittees desire to extend the joint program agreement by entering into an amended and restated agreement effective July 1, 2026 through June 30, 2041; and WHEREAS, the CITY desires to remain a party to the Contra Costa Clean Water Program by entering into the amended and restated joint program agreement.

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

Section 1. Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), executing a the CCCWP Agreement does not constitute a "project," within the meaning of Public Resources Code Section Attachment 1

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Res No. 26-XX 2
21065, CEQA Guidelines Sections 15060(c), and/or 15378, because it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Even if this action did constitute a “project” under CEQA, it falls within the “common sense” exemption set forth in 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…”. Accordingly, no further environmental review is warranted. This determination reflects the City’s independent judgement and analysis.

Section 2. The City Council hereby approves the Amended and Restated Contra Costa Clean Water Program Agreement (July 1, 2026 - June 30, 2041) attached hereto as Exhibit “A”.

Section 3. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of City.

Section 4. 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 June 9, 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 June 9, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Exhibit A: Amended and Restated Contra Costa Clean Water Program Agreement (July 1, 2026 - June 30, 2041)

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AMENDED AND RESTATED

CONTRA COSTA CLEAN WATER

PROGRAM AGREEMENT
(July 1, 2026 – June 30, 2041)
Exhibit A to Attachment 1

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1 13074-0002\2978003v15.doc
Amended and Restated Contra Costa Clean Water
Program Agreement between
The Contra Costa County Flood Control
and Water Conservation District
and
Agencies Named Below
THIS AMENDED AND RESTATED AGREEMENT (“Agreement”) is jointly entered into by the Contra Costa County Flood Control and Water Conservation District (“District”); the cities of Antioch, Brentwood, Clayton, Concord, El Cerrito, Hercules, Lafayette, Martinez, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, and Walnut Creek; the towns of Danville and Moraga; and, the County of Contra Costa (collectively, the “Parties” and individually each a “Party”; the Parties are sometimes referred to herein as "Co-Permittees" or individually as “Co-Permittee”, and sometimes as “Agencies" or individually as “Agency”). This Agreement is entered into as of July 1, 2026 (“Effective Date”).

RECITALS
A. The Parties are joint permittees under the Municipal Regional Stormwater National Pollutant Discharge Elimination System ("NPDES") Permit issued by the San Francisco Bay Regional Water Quality Control Board. NPDES Permit No. CAS612008 or an equivalent regional stormwater NPDES permit issued to the Parties is collectively referred to herein as the “Municipal Regional NPDES Permit.” Under current law, each issuance of the Regional Municipal NPDES Permit is expected to expire five years from its effective date, but may be amended, revoked, or reissued before the expiration date, or administratively extended beyond the expiration date pending reissuance.

B. The cities, towns and County have previously entered into joint program agreements with the District. As set forth more particularly in Section B below, the Parties wish to extend the joint agreement until terminated by the written agreement of all Co-Permittees then Parties to this Agreement. The purpose of this Agreement is to amend and extend the prior agreement on the terms set forth herein.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

A. Program Activities.

In accordance with the management and organizational structure set forth herein, the Contra Costa Clean Water Program (“Program”) shall administer the joint obligations under the Regional Municipal NPDES Permit on behalf of the Parties and implement the activities jointly carried out pursuant to this Agreement by the Parties including, but not limited to, the following

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activities:

1. Provide the necessary administrative, technical, and clerical resources to implement all Program activities directed by the Management Committee in order to implement the Municipal Regional NPDES Permit. By way of example, this includes the development of an old industrial control measure plan pursuant to Provision C.11.c of the current Municipal Regional NPDES Permit. Administrative activities may include attending all Management Committee and sub-committee meetings, and preparing committee staff reports, minutes and/or summaries of committee actions.

2. Administer all consulting services contracts (technical, legal, public relations and associated services) including the coordination, invoicing, and monitoring of all such activities.

3. Represent the Program at federal, state, regional and local governmental, civic, professional, and political organizations and agencies.

4. Coordinate the yearly compilation of the Program’s (Group Program) Annual Reports for submittal to the appropriate Regional Water Quality Control Boards, but not the individual agencies’ annual reports under the Municipal Regional NPDES Permit. However, the Program will develop Municipal Regional NPDES Permit compliance plans for individual agencies.

5. Conduct monitoring activities, which may include the permitting, environmental review of, purchase, installation and testing of equipment at designated sites.

6. Ensure all regulatory fees and assessments collected by the Agencies and necessary to obtain and implement the Municipal Regional NPDES Permit are lawful, appropriate and, if so, paid.

7. Ensure adequate information is available to all Co-Permittees for implementation of a comprehensive stormwater management ordinance and its regulations in compliance with the Municipal Regional NPDES Permit.

8. Implement a comprehensive public information/participation program on behalf of all Co-Permittees. The Program will be responsible for developing independently or in cooperation with the Bay Area Municipal Stormwater Collaborative (“BAMSC”) original public information materials; and, Co-Permittees shall be responsible for reproducing and distributing these materials.

9. As part of the Program’s annual budgeting process, the Management Committee may fund the Program’s participation in special studies determined by the Program, the Regional Water Quality Control Boards, BAMSC, California Stormwater Quality Association (CASQA), if any, or other appropriate entities. Such participation may include funding or in-kind

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services, such as Program representation on BAMSC as determined by the Management Committee.

10. Ensure adequate information is available for Co-Permittees to implement a comprehensive program for field inspection and investigation activities for unauthorized connections and illegal dumping.

11. Ensure adequate information is available for Co-Permittees to implement source controls, site design measures, and stormwater treatment and runoff control measures on new development and redevelopment projects, and to ensure ongoing operation and maintenance of post-construction stormwater management facilities.

12. Ensure adequate information is available for Co-Permittees to mitigate impacts to stormwater quality resulting from construction activities specifically focusing on proper site management; erosion control; sediment control; run-on and runoff control; non- stormwater management control; and, proper operation and maintenance of such construction site control best management practices (“BMPs”).

13. Expend funds collected by assessments for the District’s Stormwater Utility Areas Nos. 1 through 18 (“SUA”) and other sources in accordance with applicable law and regulations and the Program’s annual budget, as adopted by the Management Committee.

B. Termination.

This Agreement will remain in effect until terminated by the written agreement of all Co-Permittees then parties to this Agreement. Should any individual Co-Permittee desire to withdraw from the Program and terminate its obligations under this Agreement at any time, the following conditions must be met:

1. The Co-Permittee shall provide written notice to the Program Manager (as defined below) and Management Committee chairperson and vice chairperson of its intention to withdraw from the Program by no later than 5:00 p.m., of the December 31 immediately preceding the commencement of the following fiscal year (July 1 - June 30) before which it is seeking to terminate its obligations under this Agreement. To ensure an orderly transition, the withdrawing Co-Permittee shall also obtain written confirmation from the Regional Water Quality Control Board Executive Officer that such Co-Permittee has obtained or will obtain coverage under an NPDES Permit for its municipal stormwater discharges. A copy of the Executive Officer’s written confirmation shall be provided to the Management Committee chairperson and vice chairperson along with the notice of withdrawal.

2. The Co-Permittee shall be committed to fulfill all of its financial obligations outlined in this Agreement through the end of the fiscal year (June 30) in which it submits its notice of withdrawal. Termination shall be effective as of 11:59 p.m. on June 30 of that fiscal year.

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3. The Co-Permittee shall also fulfill all of its individual obligations for projects, studies, and other programs and activities undertaken on behalf of the Program or BAMSC through the duration of any such projects, studies, programs, and activities. The terminating Co-Permittee’s obligations under this Section B.3. shall survive termination as to that Co-Permittee until the terminating Co-Permittee’s obligations under this Section are fully satisfied.

4. In the event that a Co-Permittee does not fully fund its obligations under this Agreement from its SUA assessments or appropriate sufficient funds for any fiscal year beyond the 2025-2026 fiscal year, this Agreement shall cover payment for the Co-Permittee’s financial obligations only to the conclusion of the last fiscal year in which the Co-Permittee appropriates sufficient funds. Thereafter, such Co-Permittee’s financial obligations shall be automatically suspended, and the Co-Permittee shall receive no benefit arising out of this Agreement, until the Co-Permittee appropriates sufficient funding to meet its financial obligations in such fiscal year(s).

C. Management Committee.

1. The Management Committee (“MC”) is the Program’s decision-making body. It shall be responsible for setting policies, providing directions, approving contracts and agreements, approving group submittals to the Regional Water Quality Control Boards, authorizing expenditures, and advising on staffing in accordance with Section J below. Within five years following the effective date, and every five years thereafter, the Management Committee shall perform an evaluation of the Program and deliver a report to the Co-Permittees that includes the Management Committee’s findings.

2. Each Co-Permittee’s manager (i.e., city or town manager or county administrator) shall designate in writing and submit to the Program Manager, and chairperson or vice chairperson of the Management Committee, the Management Committee representative and alternate(s) for their jurisdiction. The designated Management Committee representative and alternate(s) may be identified by job classifications or as named individuals. The Co- Permittee’s manager shall designate at least one (1) Management Committee representative and no less than two (2) alternate Management Committee representatives. The Management Committee representative or, in the absence of the representative, one alternative Management Committee representative, shall vote on behalf of their Agency at all Management Committee meetings. Each Co-Permittee shall have only one vote on the Management Committee, even if both the designated representative and an alternate(s) attend the same meeting. The voting decisions of the Management Committee representatives shall be binding upon their Agency, provided they are consistent with the delegations of authority contained in this agreement.

3. A Management Committee representative shall be an individual responsible for supervising or administering the stormwater management program for their appointing Agency. An alternate should, but need not, meet the foregoing criteria.

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4. A Management Committee representative’s term shall continue for the entire term of the Agreement unless changed by the Co-Permittee’s manager by providing written notification to the Program Manager.

5. Any decision made by the Management Committee shall be binding upon all Co-Permittees, provided it is consistent with the delegations of authority in this Agreement.

Except to the extent expressly set forth in this Agreement, nothing in this Agreement delegates legislative authority of any Agency or the discretion vested in each Agency’s governing body. If the Management Committee acts in a manner inconsistent with the authority delegated by this Agreement, any such action shall not be binding upon any Agency unless approved or ratified by that Agency’s governing body. This Agreement does not create a joint exercise of powers agency separate from the agencies, and the Contra Costa Clean Water Program is not a legal person that can enter into contracts or sue and be sued.

6. The Management Committee chairperson and vice chairperson shall be selected by a majority vote of the Management Committee members at each May Management Committee meeting and shall hold those offices beginning July 1 and ending June 30 of the following fiscal year.

D. Sub-committee Structures.

The following Program sub-committees are hereby established:

1. Administrative Committee ("AC") is a sub-committee responsible for administration, strategic planning, personnel, budget recommendations and conflict resolution.

2. Monitoring Committee ("MonCom") is a sub-committee responsible for water quality monitoring activities and coordination of associated special studies/projects.

MonCom is responsible for overseeing the preparation of guidance on TMDL pollutant control programs, stormwater quality management programs, and for reviewing, researching, and making recommendations to the Management Committee on matters related to pollutant control and load-reduction planning, tracking, and reporting.

3. Development Committee ("DC") is a sub-committee responsible for preparing guidance and training on construction site stormwater quality management programs, post-construction stormwater quality management programs, and for reviewing, researching, and making recommendations to the Management Committee on matters related to land development activities.

4. Public Information/Participation Committee ("PIP") is a sub-committee responsible for development of stormwater pollution prevention materials and products, information dissemination, training, marketing and public outreach for the Program and to assist each Co-Permittee.

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5. Municipal Operations Committee (“MOC”) is a sub-committee responsible for development of guidance and training on stormwater pollution prevention activities for municipal maintenance activities, commercial/industrial inspection programs, illicit discharge control activities, trash load reduction activities, and other municipal stormwater activities.

6. Select or Ad Hoc (“Ad Hoc”) Workgroups are established by the Management Committee as needed for a temporary period for the purposes of reviewing, researching and making recommendations to the Management Committee or a sub-committee on a permit compliance matter or a permit requirement covering multiple sub-committees (such as cost reporting, and asset management). Select or Ad Hoc Workgroups may act on behalf of the Management Committee or sub-committee if approved and directed by the Management Committee.

7. The Management Committee may amend the responsibilities of each sub- committee, dissolve a sub-committee, or add a new sub-committee.

8. Each Co-Permittee shall only be allowed one vote per sub-committee. Co- Permittees may participate in the discussions of any sub-committee. However, participants at sub-committee meetings, other than approved members, shall not be allowed to vote on any item under consideration.

9. The first order of business for each sub-committee at its June meeting is to choose a chairperson and vice chairperson, who will serve as chairperson and vice chairperson for the following fiscal year. The second order of business for each sub-committee at its June meeting is to establish the sub-committee's work plan for the following fiscal year dealing with its goals, objectives, time lines and related items, consistent with the requirements in the Municipal Regional NPDES Permit. Upon preparation of the sub-committee’s work plan, it shall be provided to the Management Committee for review and approval.

E. Committee Membership.

1. For the purposes of this agreement, a “Small Municipality” is designated as having a population of less than 30,000, a “Medium Municipality” is designated as having a population of between 30,000 and 65,000; and a “Large Municipality” is designated as having a population of more than 65,000, based on population data from the State of California’s Department of Finance. Contra Costa County is deemed a “Large Municipality”. The population data published in January of each year will be used for determining each Co-Permittee’s designation for the following fiscal year. Refer to Exhibit “A” for the Committee membership designation as of the effective date of this Agreement.

2. Each Co-Permittee designated as a “Small Municipality” shall have one voting representative on the Management Committee and a minimum of one voting representatives on one sub-committee.

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3. Each Co-Permittee designated as a “Medium Municipality” shall have one voting representative on the Management Committee and a minimum of one voting representative on two sub-committees.

4. Each Co-Permittee designated as a “Large Municipality” shall have one voting representative on the Management Committee and a minimum of one voting representative on three sub-committees as follows (except as stipulated in Section E.10. below):
• Administrative Committee
• Monitoring Committee
• Development Committee
• Public Information/Participation Committee
• Municipal Operations Committee, or
• BAMSC sub-committee duly recognized by the Management Committee

5. The District shall be a permanent member of the Administrative Committee, and it shall participate as a voting member on at least one additional sub-committee.

6. The Management Committee chairperson for any fiscal year shall also serve as chairperson of the Administrative Committee for that same fiscal year.

7. By the end of May of each fiscal year, the incoming Management Committee chairperson who will take office July 1, shall consult with all Co-Permittees and recommend membership on all sub-committees effective July 1 of the next fiscal year.

Recommendations shall be considered and acted upon by the Management Committee at its May meeting. Sub-committee members shall be encouraged to rotate every two years.

8. Participation in any Ad Hoc Workgroup duly created by the Management Committee shall be voluntary.

9. Each of the following sub-committees shall have the following minimum number of members:
• Administrative Committee 8
• Monitoring Committee 5
• Development Committee 5
• Public Information/Participation Committee 5

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• Municipal Operations Committee 5

10. BAMSC Committee. Co-Permittees serving as voting members of any BAMSC sub-committee shall represent all Program Co-Permittees. Co-Permittees designated as voting members of a BAMSC subcommittee shall also participate on the Program’s sub- committee that has similar or equivalent subject matter jurisdiction, as determined by the Management Committee to best serve the interests of the Program.

11. Administrative Committee. The Management Committee will select members for the Administrative Committee that enhance the Administrative Committee’s manageability and overall effectiveness in attaining goals and objectives, taking into account factors that encourage awareness of matters affecting the Program. More specifically, the Administrative Committee shall consist of the following minimum membership and conditions, and shall generally follow the rotation guidelines contained in Exhibit "B":
• Management Committee chairperson 1
• Flood Control District 1
• Large Municipality 2
• Medium Municipality 2
• Small Municipality 2
Total 8
a) The Management Committee chair may recommend additional members for the Administrative Committee pursuant to Section E.7. above. b) In any fiscal year in which the Management Committee chairperson represents a municipality that is scheduled for membership on the Administrative Committee under the rotation guidelines in Exhibit “B”, then the Management Committee shall select another Co-Permittee for membership on the Administrative Committee from the municipality category from which the Management Committee chairperson represents. If the Management Committee chair represents the Flood Control District, then the Management Committee shall select another Co-Permittee from any of the three categories of municipalities. c) For the duration of a Co-Permittee’s term as the “Large Municipality” member serving on the Administrative Committee, that Co-Permittee shall also serve as the voting member of two additional sub-committees of their choice. d) Administrative Committee voting membership can only be changed during the fiscal year by the Management Committee chairperson, provided the minimum membership per Section E.11. is maintained.

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12. A quorum for each sub-committee shall consist of a majority of its voting members.

13. A sub-committee may adopt by-laws to govern its organizational structure and meetings, consistent with the terms of this Agreement.

F. Meeting Attendance

1. Program staff will take attendance at all meetings. Attendance at all Management Committee and sub-committee meetings shall be published in each meeting’s minutes/summary and the Program’s annual report provided to the Regional Water Quality Control Board.

2. Management Committee representatives and sub-committee members are expected to attend at least 80% of their regularly scheduled meetings. If a Management Committee representative or a sub-committee member misses two consecutive meetings, then Program staff shall contact the member of the committee to clarify the rules and understand the reason for the repeated absences. If absences continue, then the Management Committee may request that the Co-Permittee’s manager appoint a new representative to the Management Committee or sub-committee, as the case may be.

G. Program Costs Participation and Allocation.

1. The program costs for Fiscal Year 2025-2026 are apportioned among the co-permittees as set forth in Exhibit “C”, attached hereto. In Fiscal Year 2025-2026, and in each fiscal year thereafter, all program costs for that fiscal year shall be apportioned among Co- Permittees proportionally based on each Co-Permittee’s population as of January 1 immediately preceding the fiscal year, in relation to the total population of all Co-Permittees as of January 1 immediately preceding the fiscal year, calculated as follows:
[(Co-permittee’s population as of January 1) / (All co-permittee’s population as of January 1)] x 100 = Percentage of Program Costs Apportioned to Co-Permittee (“Cost Sharing Formula”).

Population data will be based on data annually published by the State of California, Department of Finance, on January 1 immediately preceding the Fiscal Year for which the calculation is made.

The population data published in January of the preceding year will be used to form the cost allocations of the following fiscal year.

2. The Management Committee shall annually prepare and approve a budget setting forth all anticipated Program costs and revenues for the following fiscal year.

3. Each Co-Permittee shall pay its share of the annual budget in accordance with the Cost Sharing Formula. If a Co-Permittee receives SUA assessments, then the District will apply lawfully collected SUAs to such Co-Permittee’s share of the annual budget. District staff shall annually submit an invoice to each Co-Permittee for each fiscal year reflecting each Co-

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Permittee’s Program costs no later than February 28 th of each year (for the first SUA disbursement statement); June 30th (for the second SUA disbursement statement); and October 31st (for the third SUA disbursement statement). Upon receiving an invoice from the Program, each Co-Permittee shall pay its invoice to the District within sixty (60) days of the invoice’s date.

4. A Co-Permittee will be delinquent if its invoiced payment is not received by the District within sixty (60) days after the invoice’s date. The District will follow the procedure listed below, or such other procedure that the Management Committee directs to effectuate payment: 1) verbally contact the Co-Permittee’s manager; and 2) submit a formal letter from the Management Committee’s chairperson to the Co-Permittee. If payment is not received within ninety (90) days of the invoice date, then the delinquent co-permittee may be subject to termination from this Agreement and withdrawal under Section B. Thereafter, the Cost Share Formula shall be revised to reflect the new Program membership and the Management Committee shall revise its budget and Program cost allocations in accordance with the Cost Sharing Formula to account for the delinquent Permittee’s costs. A terminated Co-Permittee shall remain obligated to District for its delinquent payments and any other obligations incurred prior to the date of termination.

5. The Management Committee may suspend or modify the scope of work being performed by any contractor retained by the District whenever any Co-Permittee has not paid its invoice within ninety (90) days of the invoice date.

6. Any delinquent payments by a Co-Permittee shall accrue compound interest at the average rate of interest paid by the Local Agency Investment Fund during the time that the payment is delinquent.

H. Optional Services.

Additional services requested by a Co-Permittee to fulfill requirements of the Regional Municipal NPDES Permit may be provided by Program staff as long as the services minimally burden Program staffing and are approved by the Management Committee. Such requests shall be submitted in writing to the Management Committee and shall explain the services requested of Program staff or contractors. Such services shall be completely paid for by the requesting Co-Permittee at the fully burdened labor rate of the applicable Program staff, and the Program shall bear no financial responsibility for the requested services. Such services requested by a Co-Permittee may include consultant or contractor assistance involving a contract directly between the individual Co-Permittee and the District, at the District’s discretion. The Program shall bear no financial responsibility for such contracts.

I. Contracting.

1. In accordance with the procedures set forth herein, and on behalf of the Program, the District shall enter into and administer all contracts for the Program and implementation of the Municipal Regional NPDES Permit. The District shall pay all contractors in a timely manner in accordance with the terms of the applicable contract.

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2. Prior to the District entering into a contract or amending a contract on behalf of the Program, the Management Committee shall establish an independent selection committee as an Ad Hoc Workgroup pursuant to Section D.7. The independent selection committee may prepare an RFP, conduct interviews and take such other actions as requested by the Management Committee. The independent selection committee shall thereafter make a recommendation on a proposed contract and contractor to the Management Committee. Upon considering the independent selection committee’s recommendation, the Management Committee shall thereafter make a recommendation to the District, which shall have final approval authority over the contract and contractor.

3. Contracts may be entered into with a maximum term of five years, provided each contract must include either a termination for convenience clause, or a clause allowing termination for non-appropriation of funds. Contracts entered into for a period less than five years may be extended, based upon satisfactory performance, for a total contract term of five years.

4. For a contract scope of work designated as a “technical service” by the Management Committee, then the independent selection committee shall also consider responses from Co-Permittees who respond in writing and request to provide the requested technical service as part of an RFP process.

5. Notwithstanding anything to the contrary above, all contracting processes on behalf of the Program shall comply with the District’s procurement process.

6. If a Co-Permittee other than Contra Costa County or the District intends to contract on behalf of the Program, then a separate agreement between the District and such Co- Permittee shall be executed setting forth the terms of the Co-Permittee’s contracting role. The Management Committee shall review and approve such separate agreement.

J. Staffing.

1. The Program is not a legal entity capable of employing staff, suing or being sued, or entering into contracts, among other activities that only legal entities may perform.

Program staff, including the Program Manager, are employees of Contra Costa County and/or the District, who are assigned to administer the Program. The Program Manager is the primary Contra Costa County employee assigned to manage the Program. In the event that Contra Costa County does not assign an employee to serve as the Program Manager and the Program Manager position is vacant, the Management Committee may recommend that the District contract with a qualified firm or public agency to perform the services of Program Manager until Contra Costa County appoints a Program Manager. The Management Committee may also request that the District contract for other Program services that are not performed by a Contra Costa County employee in accordance with Section I above.

2. To the extent requested by the District and/or Contra Costa County, the Management Committee shall annually advise the District and/or Contra Costa County regarding

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12 13074-0002\2978003v15.doc
staff evaluations, job classifications and salary ranges. With respect to any Program staff who qualify as independent contractors, the Management Committee shall annually advise the District regarding the consultant’s satisfactory performance of their contractual obligations. The Administrative Committee shall advise the Management Committee on such evaluations.

3. The Management Committee shall negotiate an administrative overhead rate with any appropriate agency providing services to the Program.

4. Program staff shall provide a written record of all policies, rules and regulations duly adopted by the Management Committee.

5. Contra Costa County shall be responsible for all health and safety trainings and other certifications required by law for its employees; however, the Program may pay for Program staff training that relates to the Municipal Regional NPDES Permit.

K. Indemnification.

Each Party to this Agreement agrees to protect, indemnify and hold harmless the other parties and their officers, employees, contractors and volunteers from and against all claims, demands, liabilities, losses, expenses, and damages (collectively, “Liabilities”) but only to the extent that the Liabilities arise out of or are connected with the negligence or willful misconduct of the indemnifying Party or any of its officers, employees, contractors, or volunteers while performing the indemnifying Party’s obligations under this Agreement. This section shall survive and remain enforceable following the termination or expiration of this Agreement, or following any Party’s withdrawal from this Agreement.
[SIGNATURES ON FOLLOWING PAGE]

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Dated: CONTRA COSTA COUNTY

FLOOD CONTROL AND WATER
CONSERVATION DISTRICT:

By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF ANTIOCH
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF BRENTWOOD
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF CLAYTON
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF CONCORD
By:

Its:

APPROVED AS TO FORM:

By:

Attorney

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14 13074-0002\2978003v15.doc
Dated: COUNTY OF CONTRA COSTA
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: TOWN OF DANVILLE
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF EL CERRITO
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF HERCULES
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF LAFAYETTE
By:

Its:

APPROVED AS TO FORM:

By:

Attorney

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15 13074-0002\2978003v15.doc
Dated: CITY OF MARTINEZ
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: TOWN OF MORAGA
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF OAKLEY
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF ORINDA
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF PINOLE
By:

Its:

APPROVED AS TO FORM:

By:

Attorney

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16 13074-0002\2978003v15.doc
Dated: CITY OF PITTSBURG
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF PLEASANT HILL
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF RICHMOND
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF SAN PABLO
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF SAN RAMON
By:

Its:

APPROVED AS TO FORM:

By:

Attorney

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Dated: CITY OF WALNUT CREEK
By:

Its:

APPROVED AS TO FORM:

By:

Attorney

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EXHIBIT “A”

CONTRA COSTA CLEAN WATER PROGRAM
COMMITTEE MEMBERSHIP DESIGNATION BEGINNING FY 2026-2027 Municipalities Population
(Based on
1/1/2024 Data)
Category 1 Management
Committee
Min. Number
of Sub-Com-
mittee(s) 2
Antioch 115,632 Large x 3
Brentwood 64,811 Medium x 2
Clayton 10,683 Small x 1
Concord 121,513 Large x 3
Contra Costa County 3 174,289 Large x 3
CCC Flood Control District 3 0 Non-Population x 1 4
Danville 42,567 Medium x 2
El Cerrito 25,700 Small x 1
Hercules 26,063 Small x 1
Lafayette 24,808 Small x 1
Martinez 36,439 Medium x 2
Moraga 16,784 Small x 1
Oakley 45,736 Medium x 2
Orinda 19,191 Small x 1
Pinole 18,192 Small x 1
Pittsburg 75,085 Large x 3
Pleasant Hill 33,352 Medium x 2
Richmond 112,735 Large x 3
San Pablo 31,088 Medium x 2
San Ramon 82,525 Large x 3
Walnut Creek 69,433 Large x 3
1 Membership designation categories are determined by population size. Small Municipality has population under 30,000; Medium Municipality has population between 30,000 and 65,000; and Large Municipality has population larger than 65,000. 2 Participation in the required minimum number of sub-committee(s) per fiscal year, in addition to mandatory Management Committee participation.
3 Contra Costa County and the Contra Costa County Flood Control and Water Conservation District are represented as one agency for this designation purpose.
4 Contra Costa County Flood Control and Water Conservation District is a standing member of the Administrative Committee.

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EXHIBIT “B”

CONTRA COSTA CLEAN WATER PROGRAM

ADMINISTRATIVE COMMITTEE

PARTICIPATION ROTATION GUIDELINE
Municipalities by
Size Designation &
Geographic
FY
26/27
FY
27/28
FY
28/29
FY
29/30
FY
30/31
FY
31/32
FY
32/33
C o u n t y w i d e ( A l l )
Flood Control District x x x x x x x
A p p o i n t e d M a n a g e m e n t C h a i r
Agency: x x x x x x x
L a r g e - S i z e C o m m u n i t i e s ( p o p u l a t i o n > 6 5 , 0 0 0 ) All: Contra Costa County x x
Central: Concord x x
Central: Walnut Creek x x
East: Antioch x x
East: Pittsburg x x
Lamorinda: San Ramon x x
West: Richmond x x
M e d i u m - S i z e C o m m u n i t i e s ( p o p u l a t i o n 3 0 , 0 0 0 - 6 5 , 0 0 0 ) Central: Martinez x x
Central: Pleasant Hill x x x
East: Oakley x x
East: Brentwood x x
Lamorinda: Danville x x x
West: San Pablo x x
S m a l l - S i z e C o m m u n i t i e s ( p o p u l a t i o n < 3 0 , 0 0 0 ) Central: Clayton x x
Lamorinda: Lafayette x x
Lamorinda: Orinda x x
Lamorinda: Moraga x x
West: Hercules x x
West: El Cerrito x x
West: Pinole x x

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EXHIBIT “C”

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Staff Report
Date: June 9, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Carlton Thompson, P.E., City Engineer
Prepared by: Bernard Enrile, P.E., Senior Civil Engineer [email protected]
(925) 671-3031
Subject: Considering adoption of a Resolution approving and authorizing the City Manager to execute the Inspection
Activities Agreement between the City of Concord, Central Contra Costa Sanitary District, and the Contra Costa County Flood Control and Water Conservation District for inspection services of certain industrial and commercial businesses in accordance with the Municipal Regional Permit.

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

Report in Brief
The existing Group Program Inspection Agreement, which supports compliance with stormwater permit requirements, needs to be renewed to incorporate new and enhanced inspection obligations under the Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit Municipal Regional Permit (MRP) 3.0.

Recommended Action
Adopt a Resolution approving and authorizing the City Manager to execute the Inspection Activities Agreement between the City of Concord, Central Contra Costa Sanitary District, and the Contra Costa County Flood Control and Water Conservation District for inspection services of certain industrial and commercial businesses in accordance with the MRP.

4.e4.e4.e

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City Council Agenda Report
Agenda Item No. 4.e
June 9, 2026
Background
The Contra Costa Clean Water Program (CCCWP) was created in 1993 to assist cities in carrying out requirements of our first Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit (1993-1998) for Contra Costa County. It was composed of 18 cities, and the Contra Costa County Flood Control & Water Conservation District (District). Today, 21 agencies are part of the CCCWP. To comply with joint permit requirements county-wide, each participating municipality entered into an individual Cost Payment Agreement with the District to administer Stormwater Utility Assessment (SUA) and program activities.

In March 1993, the City of Concord entered into a Cost Payment Agreement with the District. This agreement authorized the District to collect SUA on the City’s behalf and conduct activities required to comply with the joint municipal NPDES permit.

In April 1996, the Council adopted Resolution 96-43 which amended the Cost Payment Agreement to authorize the District to enter into an agreement with Contra Costa Central Sanitation District (CCCSD) to conduct stormwater inspections on the City’s behalf paid from the City’s SUA.

In November 1999, the Council adopted Resolution 99-107 approving a SUA Agreement with the District, which replaced the Cost Payment Agreement.

On July 22, 2003, the Council adopted Resolution 03-45 approving the City of Concord to enter into a SUA Agreement with the District. That agreement required the District to enter into an agreement with CCCSD to provide for the imposition, collection, and administration of SUA for the funding of NPDES permit activities.

On December 16, 2003, the Council adopted Resolution 03-70 approving an amendment to the SUA Agreement authorizing the District to enter into an agreement with CCCSD to perform inspection and illicit discharge control activities on behalf of the City (Inspection Activities Agreement).

On November 30, 2009, the Council adopted Resolution 09-71 to amend the SUA authorizing the District to revise and extend the Inspection Activities Agreement with CCCSD and to continue administering the stormwater inspection program on the City's behalf.

Analysis
The renewal of the Inspection Activities Agreement is critical to ensure continued compliance with the MRP 3.0, which became effective on May 11, 2022, and introduced new and enhanced requirements for Provision C.4 – Commercial and Industrial Site Controls. These updates significantly expand inspection obligations for permittees, including:

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City Council Agenda Report
Agenda Item No. 4.e
June 9, 2026
• Inspection Frequency and Coverage: MRP 3.0 mandates periodic inspections of commercial and industrial facilities to verify stormwater best management practices (BMPs) and pollutant source controls.
• Enhanced Documentation and Reporting: The permit requires detailed tracking of inspection findings, corrective actions, and follow-up activities, which must be accurately documented in annual compliance reports.
• Expanded Facility Categories: Additional facility types now fall under inspection requirements, increasing the workload and complexity for individual permittees. • Integration with Enforcement Protocols: Emphasizes timely enforcement actions for non-compliance, requiring coordinated efforts and consistent application of enforcement procedures across jurisdictions.

The existing Inspection Activities Agreement, which facilitates shared inspection services for the CCCWP through CCCSD, West County Wastewater District, and Delta Diablo Sanitation District, has proven essential for meeting these obligations efficiently and cost-effectively. Without a renewed agreement, individual permittees would face significant challenges in maintaining compliance, including:
• Resource Constraints: Many jurisdictions lack staffing and technical expertise to independently meet the expanded inspection requirements. • Cost Implications: Shared services reduce duplication of effort and allow economies of scale, minimizing overall program costs.
• Continuity of Compliance: The renewed agreement ensures continued inspection activities in compliance with NPDES permit conditions.

The renewed agreement (Exhibit A to Attachment 1) incorporates administrative updates, invoicing improvements, backup staffing provisions, and alignment with MRP

3.0 requirements, ensuring that a robust and collaborative mechanism for compliance remains. Additionally, a provision has been included to keep the existing agreement in effect until the new one is executed safeguarding against service interruptions during the renewal process.

Financial Impact
There is no immediate fiscal impact. Future costs will be allocated proportionally based on population as outlined in the Agreement’s cost-sharing formula. SUA assessments will continue to offset program costs.

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City Council Agenda Report
Agenda Item No. 4.e
June 9, 2026
executing an Inspection Services Agreement does not constitute a "project," within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), and/or 15378, because it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Even if this action did constitute a “project” under CEQA, it falls within the “common sense” exemption set forth in 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…”. Accordingly, no further environmental review is warranted. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution
Exhibit A to Resolution –Inspection Activities Agreement (Final Draft)

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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 an Inspection Activities
Agreement with the Central Contra Costa Sanitary
District and the Contra Costa Flood Control & Water
Conservation District for Inspection Services of
Certain Industrial and Commercial Businesses in
Accordance with the Municipal Regional Permit
Resolution No. 26-XX
/
WHEREAS, the Municipal Regional Stormwater NPDES Permit, NPDES Permit No.

CAS612008 (“Municipal Regional Permit”) requires the City of Concord (“City”) as a permittee, to conduct inspections of certain industrial and commercial businesses as part of its municipal stormwater program; and
WHEREAS, the Central Contra Costa Sanitary District (“Inspection Agency”) also conducts inspections of certain industrial and commercial businesses as part of its wastewater regulatory obligations; and
WHEREAS, efficiencies can be achieved by having Inspection Agency conduct stormwater inspections on behalf of City concurrently with Inspection Agency’s wastewater inspections, which benefits the City of Concord and its regulated businesses; and WHEREAS, the Contra Costa Flood Control and Water Conservation District (“District”) provides administrative support and funding for the inspections; and WHEREAS, the District, the Inspection Agency, and City of Concord have been coordinating inspections in a similar manner since 2009; and
WHEREAS, the City Council desires to continue the inspection program with the District and the Inspection Agency under a new agreement among the three parties.

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

Section 1. Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title Attachment 1

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Res No. 26-XX 2
14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), executing an Inspection Services Agreement does not constitute a "project," within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), and/or 15378, because it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Even if this action did constitute a “project” under CEQA, it falls within the “common sense” exemption set forth in 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…”,Accordingly, no further environmental review is warranted. This determination reflects the City’s independent judgment and analysis.

Section 2. The City Council hereby approved the Contra Costa Clean Water Program Inspection Activities Agreement between the District, the Inspection Agency, and the City of Concord attached hereto as Exhibit “A”.

Section 3. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of City.

Section 4. 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 June 9, 2026, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Exhibit A: Contra Costa Clean Water Program Inspection Activities Agreement

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4876-1651-9399 v3

CONTRA COSTA CLEAN WATER PROGRAM

INSPECTION ACTIVITIES AGREEMENT
AMONG

CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,

CENTRAL CONTRA COSTA SANITARY DISTRICT,

AND THE

CITY OF CONCORD
This Contra Costa Clean Water Program Inspection Activities Agreement ("Agreement"), is entered into as of July 1, 2026 (“Effective Date”), by and among the Contra Costa County Flood Control and Water Conservation District ("District"), the Central Contra Costa Sanitary District (“Inspection Agency”), and the City of Concord (“City”). The District, the Inspection Agency, and the City are sometimes referred to herein together as the “Parties,” and each individually as a “Party.”

RECITALS
A. The County of Contra Costa ("County"), the District, and the 19 incorporated cities and towns in the County have joined together to form the Contra Costa Clean Water Program (the "Program"), pursuant to the Contra Costa Clean Water Program Agreement, dated July 1, 2010, and as amended from time to time (the "Program Agreement"). The parties to the Program Agreement are the County, the District, and the cities of Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon and Walnut Creek (the "Program Members").

B. Through the Program, the Program Members jointly implement some of their obligations under the Municipal Regional Stormwater NPDES Permit, NPDES Permit No.

CAS612008, as may be amended or re-issued from time to time (“Municipal Regional Permit”). The San Francisco Regional Water Quality Control Board (“Regional Board”) most recently re-issued the Municipal Regional Permit on May 11, 2022.

C. District provides administrative support services to the Program, including collecting and distributing funds that pay for Program responsibilities under the Municipal Regional Permit.

D. The Municipal Regional Permit requires Program Members, which operate municipal separate storm sewer systems (MS4s), to effectively prohibit the discharge of non- stormwater into storm drain systems and watercourses.

E. Among other things, the Municipal Regional Permit requires the Program Members to conduct inspections of certain industrial and commercial businesses, as specified in Provision C.4 of the Municipal Regional Permit, and illicit discharge control activities, as specified in Provision C.5. of the Municipal Regional Permit, as those provisions may be amended from time to time in the Municipal Regional Permit (collectively, the “MS4 Inspections”). MS4 Inspections include, but are not limited, to inspection, investigation, reporting, and related obligations under the Municipal Regional Permit and as further directed by District.

F. The Municipal Regional Permit directs Program Members to effectively prohibit all non-stormwater discharges (i.e., materials other than stormwater) into municipal storm drains and creeks; conduct inspections of industrial and commercial stormwater facilities; control illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; and prohibit illicit connections and discharges resulting from inappropriate or Exhibit A to Attachment 1

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illegal processes, activities, or housekeeping practices. The MS4 Inspections, carried out by the Inspection Agency on behalf of the City, further the City’s compliance with the Municipal Regional Permit.

G. Independent of City’s obligations under the Municipal Regional Permit, Inspection Agency also conducts inspections of certain industrial and commercial businesses as part of its wastewater regulatory obligations (“Wastewater Inspections”). District, Inspection Agency, and City believe that efficiencies can be achieved by having Inspection Agency conduct MS4 Inspections on behalf of City concurrently with Inspection Agency’s Wastewater Inspections, which benefit the Parties and regulated businesses. Inspection Agency desires to provide MS4 Inspections on behalf of the City under the terms set forth herein.

H. District, Inspection Agency, and City, as well as the other Program Members and sanitation districts previously entered into a prior inspection agreement dated October 26, 2009 (“2009 Agreement”). This Agreement supersedes and replaces the 2009 Agreement.

AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties to this Agreement agree as follows:

1. Term. The term of this Agreement begins on the Effective Date, and this Agreement shall remain in effect until it is terminated pursuant to Section 2 below.

Commencing on the Effective Date, the 2009 Agreement is terminated and superseded by this Agreement and is no longer of any force or effect.

2. Termination.

A. Inspection Agency Termination. Inspection Agency, at its sole discretion, may terminate this Agreement by giving written notice to District and City at least 180 days prior to the effective date of the termination.

B. District Termination. District, at its sole discretion, may terminate this Agreement by giving written notice to Inspection Agency and City at least 180 days prior to the effective date of the termination. Notwithstanding the foregoing, District may terminate this Agreement by giving written notice to Inspection Agency and City at least 30 days prior to the effective date of the termination if City is in breach of the Stormwater Utility Area Agreement described in Section 3.

C. City Termination. City, at its sole discretion, may terminate this Agreement by giving written notice to Inspection Agency and District at least 90 days prior to the effective date of the termination. Alternatively, City may temporarily suspend receiving MS4 Inspections by Inspection Agency pursuant to this Agreement, at its sole discretion, upon giving the District and Inspection Agency at least 90 days written notice. In the event that City suspends receiving MS4 Inspections, such suspension shall not affect enforcement activities relating to any MS4 Inspection initiated prior to the suspension. Inspection Agency shall be compensated for such work.

D. Mutual Termination. This Agreement may be terminated by mutual written agreement of the District, Inspection Agency, and City.

E. Effect of Termination. Upon the effective date of any termination of this Agreement, Inspection Agency shall cease performing MS4 Inspections. District shall compensate Inspection Agency for all services performed prior to such effective date in accordance with Section 8. If the Inspection Agency is in default upon the effective date of any termination of this Agreement, then District shall compensate Inspection Agency for services not Page 9 of 18 -3-
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affected by the default. Inspection Agency and City shall meet and confer about responsibility for any previously initiated code enforcement actions or reports that are then in the process of being drafted. Inspection Agency shall continue to prosecute such actions and prepare such reports until City assumes responsibility. Inspection Agency shall be compensated for such work.

3. Stormwater Utility Area Agreement. City has executed a separate Stormwater Utility Area Agreement with the District that, among other things, provides for the invoicing from, and payment to, Inspection Agency for MS4 Inspection costs on behalf of City.

4. Responsibilities of Inspection Agency. On behalf of City, Inspection Agency will perform all the following services in accordance with the Municipal Regional Permit and applicable laws and regulations:

A. Conduct MS4 Inspections, including illicit discharge control inspection activities, of industrial and commercial facilities and the exterior of residential properties to determine the regulated facility’s compliance with the Municipal Regional Permit and applicable law. MS4 Inspections may have an educational component, as directed by District. The location and frequency (i.e., bi-annual, annual, semi-annual, etc.) of an inspection, investigation, or educational effort shall be at the direction of District, as approved by the City, and shall take place between 7:30 a.m. and 4:00 p.m. Pacific Standard Time, Monday through Friday, excluding holidays ("Normal Working Hours").

B. Perform MS4 Inspections outside of Normal Working Hours if mutually agreed to by District, City, and Inspection Agency or if directed by District due to an emergency.

In the event of an emergency, Inspection Agency will be compensated for any applicable overtime pay actually incurred by Inspection Agency.

C. Prepare inspection and investigation reports for each MS4 Inspection.

D. Issue notices of violation, warning notices, and compliance orders (collectively, “Corrective Orders”) to owners or operators of regulated facilities on behalf of City where Inspection Agency determines that violations or potential violations of the Municipal Regional Permit or applicable laws or regulations have occurred or may occur. City hereby delegates to Inspection Agency authority to issue Corrective Orders on its behalf in connection with MS4 Inspections. For the avoidance of doubt, City retains the authority to issue Corrective Orders, provided such Corrective Orders are not duplicative of Corrective Orders issued by Inspection Agency. Inspection Agency has developed, or shall develop, a standardized approach to recommending and documenting corrective actions taken by operators of regulated facilities in order to address a Corrective Order issued by Inspection Agency. Inspection Agency shall promptly notify City and District’s representatives identified in Section 7 of any Corrective Order issued by Inspection Agency, by email at the address below, by the close of the business day following the date of issuance.

E. Inspection Agency will cooperate with City if City elects to utilize its civil or criminal code enforcement authority to address a Corrective Order directly with the owner or operator of a regulated facility. Such cooperation includes documentation of violations, preparation of documents for use in complaints and at hearings, and assistance in hearing preparation (i.e., preparing declarations, interviews with legal counsel, etc.) and presentation (i.e., provision of witness testimony as requested). If Inspection Agency’s performance of such enforcement services would result in an unreasonable expenditure of resources, then Inspection Agency will notify City and District, and Inspection Agency’s further involvement in such enforcement services shall be agreed upon by the Parties.

F. At the Direction of City, Inspection Agency will also refer Corrective Orders and related investigations and reports to appropriate enforcing entities, such as the District Attorney.

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G. Retain all records relating to inspection activities and completed investigations through the latest of: the term of this Agreement, three years in accordance with City’s retention schedule, or the retention period set forth in the Municipal Regional Permit, whichever is longer, as evidence of City’s compliance with the Municipal Regional Permit.

These records shall become property of City upon termination of this Agreement, at which time Inspection Agency shall promptly deliver them to City. These records shall be made available for inspection by City or District during normal business hours.

H. Train, supervise and manage its staff and contractors necessary to conduct MS4 Inspections in a consistent and lawful manner.

I. Provide advice and comments to District regarding District's preparation of educational materials for distribution to owners and operators of regulated facilities and the public. Inspection Agency shall also provide advice and comments to District regarding the Contra Costa County Green Business Program, as requested by District.

J. Provide comments to City and District regarding ordinances and policies necessary to conduct MS4 Inspections and carry out enforcement activities.

K. Purchase, operate, and maintain, at Inspection Agency’s own cost, all equipment necessary to conduct MS4 Inspections. Such capital and maintenance costs may be invoiced to District pursuant to Section 8 of this Agreement if the equipment is solely intended for MS4 Inspections and not Wastewater Inspections.

L. Provide quarterly reports to District, which describe all MS4 Inspections and Corrective Orders during the prior quarter, concurrently with the quarterly invoices specified in Section 8.C below. The final report of the fiscal year (fourth quarter) will include a status report to City of Corrective Orders initiated by Inspection Agency by owner or operator name.

The final report will also include a hard or electronic copy of the Inspection Agency’s databases of regulated facilities.

M. Utilize reasonable efforts to conduct MS4 Inspections fairly and in a uniform manner.

N. In accordance with Section 8.D below, provide an annual fiscal year budget to District that estimates the cost of performing the MS4 Inspections and other requirements of this Section 4 (“Annual Budget”).

5. Responsibilities of District. District will perform the following services in accordance with the Municipal Regional Permit and applicable laws and regulations:

A. Recommend revisions to City’s ordinances and regulations, as may be necessary, to allow Inspection Agency to lawfully perform MS4 Inspections and issue Corrective Orders.

B. Authorize and prioritize inspections and investigations, with direction from City and Inspection Agency.

C. Provide timely input on the scope of the next fiscal year’s MS4 Inspections during Inspection Agency’s budget process and approve Inspection Agency’s Annual Budget in accordance with Section 8.D.

D. Reimburse Inspection Agency for authorized costs in accordance with Section 8.

E. Recommend remedial actions to City and Inspection Agency in order to correct an owner or operator’s violation of the Municipal Regional Permit or other applicable laws.

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F. Provide educational materials for distribution to owners and operators of regulated facilities and the public.

G. Provide comments to Inspection Agency regarding the format of MS4 Inspections, Corrective Orders, and reports.

H. Perform other responsibilities as agreed to in writing between the District, Inspection Agency, and City.

I. Notify City of issues affecting its compliance with the Municipal Regional Permit in a timely manner.

J. Provide City with quarterly reports regarding MS4 Inspections and budget summaries.

6. Responsibilities of City. City will perform the following obligations in accordance with the Municipal Regional Permit and applicable laws and regulations:

A. Provide Inspection Agency with a current roster, and future updates to that roster, of employees responsible for carrying out the stormwater program and related enforcement activities, including phone numbers and email addresses.

B. In accordance with Section 4.E., provide direction to Inspection Agency regarding enforcement actions.

C. Cooperate with Inspection Agency and District to carry out their respective obligations under this Agreement.

7. Agency Representative. Each Party shall designate in writing to each other an MS4 Inspections program coordinator and an alternate coordinator. The purpose of designating an MS4 Inspections program coordinator is to facilitate communication between the Parties.

Each Party shall direct matters such as complaints, claims, legal challenges, and other disputes regarding the MS4 Inspections to its MS4 Inspections program coordinator who will transmit the matter to the District for resolution.

8. Financial.

A. District shall reimburse Inspection Agency for all authorized expenditures in furtherance of its obligations under Section 4 above, including the Inspection Agency’s actual costs for performing inspections and related administrative activities. The costs eligible for reimbursement include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, and legal fees and costs. However, Inspection Agency, as practicable, shall promptly notify the District if it believes that legal costs will be incurred in connection with the MS4 Inspections or Corrective Orders so that the Parties may reach an agreement regarding the cost of legal services, if desired. Inspection Agency shall not mark up any costs it incurs in providing any of the required services in the invoice.

B. Inspection Agency’s labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. Inspection Agency’s overhead multiplier for the following fiscal year shall be submitted to the District as part of Inspection Agency’s Annual Budget and approved by District annually.

C. Inspection Agency shall submit quarterly invoices to the District for services performed under Section 4 of this Agreement. Each invoice shall include an itemized accounting of the total cost of all services performed under Section 4. Inspection Agency shall submit each quarterly invoice according to the following schedule for each fiscal year (each July 1-June 30): (i) First Quarter (July 1-Sept. 30) – by October 31; (ii) Second Quarter (Oct. 1-Dec. 31) – by January 31; (iii) Third Quarter (Jan. 1-Mar. 31) – by April 30; and (iv) Fourth Quarter Page 12 of 18 -6-
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(Apr. 1-June 30) – by July 31. District will pay each undisputed invoice within 45 days of receipt. In the event that District disputes the amounts stated on any invoice, within 30 days District shall submit to Inspection Agency a written notice of dispute and the basis for the dispute. The Parties shall endeavor to resolve any such disputes within a reasonable time after District’s receipt of a notice of dispute. Any dispute that is not resolved within five (5) business days shall be referred to the Parties’ respective managers for resolution.

D. Prior to the beginning of each fiscal year, District shall approve Inspection Agency’s Annual Budget. City shall also review and approve the Annual Budget prior to District’s final approval. Discussions for the annual budget shall begin in January prior to the upcoming fiscal year. Inspection Agency shall submit its Annual Budget by March 31st of each year and District shall act on such Annual Budget by April 30th of each year. If District does not approve the Inspection Agency’s budget by April 30th, then Inspection Agency may terminate this Agreement in accordance with Section 2.B., except that such termination shall take effect as of July 1st of such year. Inspection Agency shall not exceed its City and District-approved written Annual Budget without first obtaining advance written approval of City and District.

9. Insurance. During the term of this Agreement, Inspection Agency shall carry insurance in the amounts, and in accordance with the provisions, set forth in Exhibit A.

10. Indemnification.

A. District Indemnity. District shall indemnify, defend and hold harmless Inspection Agency and City and each of them and their elected officials, officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses (collectively “Claims”) that arise out of or relate to the District's willful misconduct or the negligent acts, errors or omissions of the District in the performance of this Agreement, except that City shall be solely liable for any fines resulting from its sole violations of the Municipal Regional Permit.

B. Inspection Agency Indemnity. Inspection Agency shall indemnify, defend and hold harmless District and City, and their respective elected officials, officers, directors, agents and employees from and against all Claims that arise out of or relate to Inspection Agency's willful misconduct or the negligent acts or errors or omissions in the performance of its obligations under this Agreement, inclusive of Claims involving search and seizure without required warrants (except in those situations where Inspection Agency has reasonably relied on City’s determination or representation as to whether a warrant is required), and trespassing (except in those situations where Inspection Agency has reasonably relied on City’s representation as to whether consent has been obtained), except that City shall be solely liable for any fines resulting from its sole violations of the Municipal Regional Permit.

C. City Indemnity. City shall indemnify, defend and hold harmless the Inspection Agency and District and each of them and their officers, directors, agents, and employees from and against all Claims that arise out of or relate to the City’s willful misconduct or the negligent acts, errors or omissions of the City in the performance of this Agreement. City shall also indemnify, defend and hold harmless Inspection Agency, and their respective officers, directors, agents, and employees from and against all Claims which are not covered by Section

10.B, inclusive of those that are based on the constitutionality or legality of the MS4 Inspection program and the rules and regulations it is intended to enforce, inverse condemnation claims and petitions for writ of mandate.

D. Survival. The obligations in this Section 10 shall survive the termination or expiration of this Agreement.

11. Notices. Notices required or permitted under this Agreement shall be in writing and personally delivered, sent by overnight carrier with delivery charges prepaid for next day delivery, or sent by First Class U.S. Mail with postage prepaid, and addressed as follows:

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If to District, to: Joe Smithonic
Senior Civil Engineer
Contra Costa County Flood Control & Water Conservation
District
255 Glacier Drive, Martinez, CA 94553
If to Inspection Agency, to: Colleen Henry
Environmental Compliance Program Administrator
CCCSD Environmental & Regulatory Compliance
5019 Imhoff Place, Martinez, CA 94553
If to City, to: Carlton Thompson, P.E.

City Engineer
City of Concord
1950 Parkside Drive, Concord, CA, 94519
A notice shall be deemed given on the same day it is personally delivered, on the business day following the date it is deposited with an overnight carrier for next day delivery, and on the third day after the postmark date if it is sent by First Class U.S. Mail. A courtesy copy of any notice may be sent concurrently by email, but emailing a courtesy copy of any notice does not substitute for providing notice in accordance with this section. A Party may change its address for notices by providing written notice to the other Parties in accordance with this section at least five days before the new address becomes effective.

12. Dispute Resolution. In the event of a dispute arising under this Agreement, the Parties may jointly agree to submit the dispute to mediation before an agreed-upon mediator. If the Parties cannot agree to a mediator within 30 days after a Party makes a written request for mediation to the other Parties, a mediator may be selected by petition of any Party to the Superior Court of the County of Contra Costa. Each Party shall be responsible for paying a proportional share of the fees and expenses incurred in connection with any mediation. Each Party shall pay its own costs, expenses, and attorney’s fees incurred in connection with any mediation under this section.

13. Audits. During the term of this Agreement, and for three years following its expiration or termination, in order to make audits each Party shall have the right to access any other Party’s books, documents, papers, and other records related to the performance of this Agreement. If any Party requests copies of another Party’s records pertinent to the performance of this Agreement, copies of those records shall be delivered to the requesting Party within 30 days following a request for such records. The requirements of this Section shall survive for three years following the expiration or termination of this Agreement.

14. Amendments. This Agreement may only be amended by written mutual agreement of all Parties hereto.

15. Governing Law. This Agreement is made and will be performed in the State of California, County of Contra Costa, and is governed by California law.

16. Severability. If any one or more of the terms, provisions, promises, covenants, or conditions of this Agreement are, to any extent, adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, priorities, covenants, and conditions of this Agreement shall not be affected and shall be valid and enforceable to the fullest extent permitted by law.

17. Assignment. No Party may assign any of its right, title, or interest under this Agreement without the prior written consent of the other Parties hereto. Any purported assignment of any Party’s rights under this Agreement without the prior written consent of the other Parties shall be deemed void and without effect. Page 14 of 18 -8-
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18. Entire Agreement; Construction. This Agreement contains the entire agreement among the Parties and all prior understandings or agreements, oral or written, regarding this matter are superseded. The section headings and captions of this Agreement are, and the arrangement of this Agreement is, for the sole convenience of the Parties to this Agreement. The section headings, captions, and arrangement of this Agreement do not in any way affect, limit, amplify, or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if all Parties have prepared it. The Parties to this Agreement and their attorneys have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. The recitals of this Agreement are, and shall be enforceable as, a part of this Agreement.

19. No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the Parties and their successors and assigns, any rights or remedies by reason of this Agreement.

20. Waiver. A waiver of breach of any covenant or provision in this Agreement shall not be deemed a waiver of breach of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving Party.

21. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the Parties have executed this Agreement as pf the Effective Date first written above.

CONTRA COSTA COUNTY FLOOD CONTROL AND

WATER CONSERVATION DISTRICT
__________________________________
Name: Warren Lai
Title: Public Works Director

CENTRAL CONTRA COSTA SANITARY DISTRICT
__________________________________
Name: Roger S. Bailey
Title: General Manager

CITY OF CONCORD
__________________________________
Name: Valerie Barone
Title: City Manager

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EXHIBIT A

INSURANCE REQUIREMENTS
Inspection Agency shall procure and maintain at its sole cost for the duration of this Agreement the following insurance:

a. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Insurance Services Office Commercial General Liability coverage (“occurrence” form CG 0001).

(2) Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 (any auto).

(3) Workers’ Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

(4) Errors and omissions/Professional liability insurance for all design professionals such as architects, landscape architects or engineers.

b. Minimum Limits of Insurance. Inspection Agency shall maintain policy limits of no less than:
(1) General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall be double the combined single limit, with completed operations coverage.

(2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
(3) Worker’s Compensation and Employers Liability: Worker’s Compensation limits as required by the Labor Code and Employers Liability limits of $1,000,000 per accident. (4) Errors and Omissions/Professional Liability: $1,000,000 per claim and annual aggregate. If Inspection Agency maintains higher limits than the minimum required by this Agreement, the City requires and shall be entitled to coverage for the higher limits maintained by the Inspection Agency.

c. Deductibles and Self-Insured Retention. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or Inspection Agency shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

(1) General Liability and Automobile Liability Coverage.

(a) The City, its officers, officials, employees, agents and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of Inspection Agency; products and completed operations of Inspection Agency; premises owned, occupied or used by Inspection Agency; or automobiles owned, leased or borrowed by Inspection Agency. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers.

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(b) Inspection Agency’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Inspection Agency’s insurance and shall not contribute with it.

(c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.

(d) Inspection Agency’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

(2) Worker’s Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Inspection Agency for the City.

(3) Errors and Omissions/Professional Liability Coverage. Inspection Agency’s insurance shall include minimum Extended Reporting Period Coverage of three years.

e. Acceptability of Insurers. Insurance is to be placed with insurers with a Best’s rating of no less than A: VII.

f. Verification of Coverage. Inspection Agency shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete certified copies of all required insurance policies, at any time.

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Staff Report
Date: June 9, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Jasmin Loi, Director of Human Resources
Prepared by: Maili Madsen, Senior Human Resources Analyst [email protected]
(925) 671-3407
Subject: Considering approval of an amendment to the current service agreement with Sedgwick Claims Management Services for
three years in the amount of $628,067, plus an additional $396,628 for other service fees, for a total not-to-exceed amount of $1,024,695 for services as the third party
administrator of the City of Concord’s Self-Insured Workers’ Compensation program; appropriating $15,196 from the
Workers Compensation Fund; and authorizing the City
Manager to execute the amendment in a form acceptable to the City Attorney. (Workers Compensation Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, California Code of Regulations Title 14 Sections 15060(c), 15061(b), 15273, and/or 15378.

Report in Brief
The City of Concord has contracted with Sedgwick (formerly York Risk Services, Inc) as the Third-Party Administrator of the City’s Self-Insured Workers’ Compensation Program since 2011, with the current contract expiring on June 30, 2026. Based on Sedgwick’s satisfactory performance, staff seeks to amend the term of the contract and extend it for an additional three years, covering July 1, 2026, through June 30, 2029.

Recommended Action
Approve a three-year service agreement amendment in the amount of $628,067 plus an additional $396,628 for other service fees with Sedgwick Claims

4.f4.f

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City Council Agenda Report
Agenda Item No. 4.f
June 9, 2026
Management Services, Inc. for a total not-to-exceed amount of $1,024,695; appropriate $15,196 for Fiscal Year 2026-27 from the Workers' Compensation Fund and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
The City has been utilizing Sedgwick Claims Management Services since 2011 because of their satisfactory performance and competitive pricing. The current agreement with Sedgwick was initiated on June 6, 2023, when the City Council approved a three-year agreement with Sedgwick to provide workers' compensation third party administration services for July 1, 2023, through June 30, 2026. The fees were: FY 2023-24 $177,195, FY 2024-25 $186,055, and FY 2025-26 $195,358.

The City is a self-insured employer under California workers' compensation laws. In order to administer the self-insured program, the City retains the services of a third party administrator to manage the processing of workers' compensation claims and to ensure the City complies with the various regulations and procedures that govern a self-insured workers' compensation program.

The Human Resources Department has been working in partnership with Sedgwick with an emphasis on effective claims management, establishing working relationships with external quality medical care providers, and managing a return-to- work program.

Sedgwick has continued to demonstrate its effectiveness by providing satisfactory services and support to the City in addressing the needs and concerns of ill and injured employees, as well as providing cost savings to the City through their managed care program including utilization and medical bill review services.

Analysis
Workers’ compensation is a no-fault state mandated system that provides benefits in the form of medical treatment, temporary disability payments when applicable, permanent disability for employees and death benefits. Additionally, the City is a member of CSAC (now known as Public Risk Innovation, Solutions and Management (PRISM)) for excess workers’ compensation coverage along with many other Northern California public entities and special districts. One of the PRISM requirements is that all third-party administrators are audited once every two years to make sure that claims are being administered in compliance with all the rules and regulations of the State of California, but also in accordance with the PRISM guidelines for third party administrators.

Sedgwick was audited in September 2025 by a third party for PRISM and received an overall rating of “Meets Expectations.” The areas showing strong performance were as follows:

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City Council Agenda Report
Agenda Item No. 4.f
June 9, 2026
• Initial employer contact
• Investigating and deciding on claim compensability
• Paying the various workers’ compensation benefits accurately and timely • Documented case planning with timely follow up
• Communication with the employer
• Litigation management
• Correct settlement valuations
• Reserving sufficient funds to pay each case
Sedgwick has a history of successfully providing third party workers' compensation administration services and competitive pricing to the City, and they are able to work with us cohesively with their acquired knowledge and familiarity with the City’s claims history and program. They have demonstrated their continued effectiveness of ensuring injured or ill City employees receive the treatment they need in a timely and cost-efficient manner. Given the reduction in the number of qualified third-party administrators in the marketplace, and the costs associated with the possible initiation/start up fees associated with changing vendors, it is staff's recommendation it would be in the City's best interest to continue the relationship with its current third party administrator.

Financial Impact
The proposed administration fee for FY 2026-27 is $202,196; for FY 2027-28 it is $209,273, and for FY 2028-29 it is $216,598, for a total of $628,067, plus an additional $396,628 for other service fees to be allocated to individual claim files for services provided to the City such as medical bill and utilization review, managed care services, indexing and Medicare reporting for a total not-to-exceed amount of $1,024,695 over the three years. Many of these services are mandatory processes/reporting; however, Sedgwick’s services provide a great deal of cost savings to the City by reducing the overall expense of the workers' compensation claim. The annual savings to the City attributed to these services averages over $900,000 and far outweighs their costs.

Costs were higher than what was estimated in the adopted biennial budget for FY 2026-

27. Therefore, appropriation from the Workers Compensation Fund is requested for the difference of $15,196. Cost for the second and third year of the contract amendment will be incorporated into future budgets.

These proposed annual rate increases keep the cost for renewal under general market rates for third party administration services and will be charged to the Workers’ Compensation Internal Services Fund.

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City Council Agenda Report
Agenda Item No. 4.f
June 9, 2026
Public Contact
The City Council Agenda was posted.

Attachment

1. First Amendment to Service Agreement

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40003 1

FIRST AMENDMENT TO SERVICE AGREEMENT
This Amendment to Extend Agreement Term for an Additional Period dated July 1, 2026 (the “First Amendment”), is entered into by and between The City of Concord (the “Client”), and Sedgwick Claims Management Services, Inc. (“Sedgwick”) (Client and Sedgwick together the “Parties”), and shall modify and amend and be attached to and made a part of that certain Service Agreement for Administration of a Claims Program dated July 1, 2023 (the “Agreement”), by and between the Parties.

In consideration of the Agreement recitals and the mutual covenants and conditions contained herein, the Parties acknowledge that the Agreement is hereby modified and amended as follows:

1. Section 5A of the Agreement is hereby modified and amended to provide that the Agreement term shall be extended for an additional period commencing July 1, 2026 and ending June 30, 2029.

2. Exhibit B to the Agreement is hereby modified and amended to provide that Client shall pay Sedgwick the following fees on a life of contract basis for services provided during this additional period:

A. Annual Flat Fee:
7/1/2026-6/30/2027 07/01/2027-6/30/2028 07/01/2028-06/30/2029 $202,196 $209,273 $216,598
For purposes of this Agreement, an “Indemnity Claim” shall mean any workers’ compensation Qualified Claim:
• For which a payment is made or reserve is posted under the indemnity portion (i.e. not medical and not expense) of the Qualified Claim or there is time lost from work; • For which an application for adjudication of a claim or hearing notice is received or otherwise involves litigation or communication from or to a petitioner’s attorney; • Where incurred medical costs exceed $3,000;
• That is denied;
• For which Client requests to be investigated or classified as an Indemnity Claim; • That Sedgwick determines additional investigation is necessary to determine compensability, to comply with applicable laws, or both; • For which subrogation is investigated or pursued; or
• That is open longer than twelve months.

B. Miscellaneous Charges:
viaOne access for 2 users, is included. Additional access is available for a fee of $900 per user per year.

Sedgwick’s pricing includes the use of telephonic reporting with a Sedgwick standard script through Sedgwick’s Call Center and/or web reporting technology. Any other method of intake (i.e. fax, e-mail, land mail, customized telephonic script, or additional services Attachment 1

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40003 2
outside of standard intake scope) will incur a fee of $25 per reported incident.

C. Care Management Fee Schedule:

All claims administration fees and services contemplate the deployment of Sedgwick’s managed care services for all bill review, case management services, and ancillary network services (i.e.

DME, home health, diagnostics, etc.). The rates shall increase each year over the expiring rates by

3.5%.

Service Rate
Medical bill review and other savings
State fee scheduling/usual, customary and reasonable;
state reporting $10.95 per bill
All other savings (PPO, OON, other savings) 28% of savings Telephonic clinical services
Telephonic case management (TCM):
• Telephonic nurse case manager
• Surgery nurse case manager
Evaluation and recommendation: $170
1 – 30 days: $420
Every 30 days thereafter: $335
Behavioral health specialist (BHS) $120 per hour (1)
1-30 days: $420 per hour (1)
Physical therapy case management Every 30 days thereafter: $335 per hour Customized nurse services (e.g., assessment nurse) $120 per hour (1) Utilization review (UR) and physician advisor
UR and pharmacy UR $166 per review
Physician advisor/peer review $275 per review
Physician review of records $275 per hour
Physician advisor appeal $395 per review
Complex pharmacy management
Pharmacy nurse management/pain coaching:
$132 per hour
Physician and PharmD management (as
needed): $275 per hour
Field case management (FCM)
Medical FCM: Full field
$120 per hour, plus direct expenses (1)(2)
Urgent/catastrophic case management: $190
per hour (1)
Catastrophic/crisis care management $190 per hour (1)
International medical FCM
Countries near US and US Territory (Canada,
Mexico, Puerto Rico, Bahamas, USVI): $180
per hour
All other countries: $208 per hour
FCM tasks:
- One visit clinical assessment $812 flat fee
- Limited assignment task $120 per hour (1)
- Specialty task services: life care plan, expert
testimony, customized services $191 per hour
Vocational and work placement solutions
Transitional work placement (at not-for-profit) $988 for placement or no-show

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Service Rate
Return to work (RTW) specialist $120 per hour (1)
Telephonic RTW
Workplace consultation — program/policy design and
planning $230 per hour, plus direct expenses
Vocational — full FCM $120 per hour, plus direct expenses (1)(2) Vocational field tasks:
- Vocational assessment/testing $1,075 flat fee
- Labor market survey $723 flat fee
- Automated transferable skills analysis $406 flat fee
- Job analysis or ergonomic evaluation $893 flat fee
Clinical consultation services
Clinical consultation
Standard (24/7/365 access to nurse): $107 per
call
Premium (standard plus option of blended
intake or limited customization): $122 per call
Advanced (premium plus option to customize
workflows): $132 per call*
*Level of customization may warrant additional
fees
Sedgwick administrative services
Lien resolution
28% of the below fee schedule savings subject
to minimum fee of $143 and cap of $8,215 per
lien
Expert witness testimony or hearing
representation charged at $143 per hour plus
direct expenses
Mandatory state panel postings
Electronic versions of panel cards will be
provided at no additional cost. Physical panel
cards will incur pass-through costs at current
printing and mailing rates to be paid by the
Client.

Sedgwick standard medical card No charge; customization starts at $3,834 (1) Alaska, California, Hawaii, New York at $150 per hour; PT Case management at $185 per hour; CAT at $205 per hour.
(2) Minnesota QRC Med/Voc at will be charged at the prevailing state fee schedule.

D. SIU Service Fees:

The charges set forth below are the current fees for the services listed, and these fees may change from time to time upon sixty days’ prior written notice to Client:

Service name Price
Research services
Social media investigation $325
Smart plus investigation $550

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Service name Price
Comprehensive
background
$625
Canvassing services $250
Skip tracing/individual
locate
$315
Asset check $225
Criminal and civil check $135 plus cost of records
Additional counties or names: $75 (per county or
name)
Records request $100 plus cost of records
Social media monitoring $25 per week of monitoring
Other research services Quote upon request
Surveillance services
Surveillance
$100 per hour (portal to portal): All states
Mileage charged at IRS standard mileage rate
Additional expenses to hourly rate:

Report writing (up to 1/2 hour per day at standard
surveillance rates)
Pre-surveillance investigation: $85
License plate searches: $20 (per search post pre-
surveillance)
Vehicle Sightings Report (license plate
recognition): $75
Unmanned surveillance
$850 per day (three-day minimum)
Deployment and extraction of stationary device:
$100 per hour: All states
Mileage charged at IRS standard mileage rate
Video copies $100 per additional copy plus shipping
Field services
Alive and well check - in
person
$450: All states
Alive and well check -
virtual interview $125
Activity check $475: All states

AOE/COE
Recorded statement
Scene investigation
Trial/deposition
$100 per hour (portal to portal): All states
Mileage charged at IRS standard mileage rate
International investigations Quote upon request
Other field services Quote upon request
Fraud & regulatory services
Suspect file review $125 per hour

Page 8 of 11 ends

40003 5
Service name Price
Fraud investigation
(includes state reporting) $125 per hour
Fraud scoring analytic
reviews
$125 per hour
Complex scheme/provider
investigations
$125 per hour
E. Subrogation and Other Recoveries:

Sedgwick shall pursue recoveries for subrogation, second injury funds, and other applicable special funds such as supplemental state funds, COLA reimbursements, retro funds, and other similar funds. Client shall pay Sedgwick twenty-five percent (25%) of the recovery received. All fees and expenses, including attorneys’ fees or investigations, for pursuit of any recovery shall be charged to the appropriate Qualified Claim file as an allocated loss adjustment expense.

As determined by the Parties, Sedgwick shall either:
a. Deposit the recovery funds and issue payment from Sedgwick’s accounts Payable system to Client for the net recovery (less Sedgwick’s fee). Sedgwick will deposit the net recovery check into the Client’s loss-funding account or forward it directly to the Client.
b. Deposit the recovery funds into the Client’s loss-funding account and Sedgwick shall receive payment from the claim file or directly from Client.

F. MMSEA/SCHIP Medicare Reporting Fee:

The charges set forth below are the current fees for the services listed, and these fees may change from time to time upon sixty days’ prior written notice to Client:

One time $9 charge per claim for claims involving bodily injuries (WC, liability, no fault).

Sedgwick will make reasonable efforts to obtain the relevant Medicare reporting data from the Client’s prior claim system during the implementation process, however, closed claims may contain Medicare reporting errors that are not in compliance with Medicare rules and regulations and may require additional Sedgwick resources to correct. Sedgwick will charge $15 per claim to correct these errors.

G. Service Fees:

The Loss Control Services and fees are detailed below. Fees may change from time to time upon sixty (60) days’ prior written notice to Client.

SERVICE FEE
Analytics services $190.00 per hour
Risk assessments - Safety audits $180.00 per hour

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40003 6
Risk consultative services $180.00 per hour
Safety training $180.00 per hour
$1,320.00 per day
Travel rate for Loss Control Services $90.00 per hour
Industrial hygiene Available upon request and subject to separate terms and conditions.

Reimbursement of Costs and Expenses:

The following items will be billed “at cost” with no markup, with prior Client approval:
• Tolls, Ferries, Parking, Shipping, Meals, Hotels, Airfare, etc.

Custom Programming:

Customer programming fees will be quoted upon request. Any custom programming projects including fee arrangement will be agreed upon by both the Client and Sedgwick prior to the start of said project. Examples of custom programming are custom import/exports, specialized management reports, etc.

H. Ergonomic Service Fees:

The Ergonomic Services and fees are detailed below. Fees may change from time to time upon sixty (60) days’ prior written notice to Client.

SERVICE RATE
General Ergonomic Services $195.00 per hour
Remote ergonomic workstation review (office evaluations) $450.00 for up to 2.5 hours $190.00 per hour additional time
Onsite ergonomic workstation review (office evaluations) $830.00 for up to 4.0 hours $195.00 per hour additional time
Daily rate $1,503.00 per day
I. Subsequent Year Fees:

For the period July 1, 2027 and ending June 30, 2029, the Claim Fees and Miscellaneous Charges shall increase each year over the expiring rates by 3.5%.

3. The Agreement is hereby modified and amended to provide that the SIU Service Schedule contained therein is amended to incorporate the following:
“California Disclosure to comply with California Business and Professions Code §7524:

Investigator’s name, business address, telephone number, and license number:

Sedgwick SIU Inc.

Address: 1101 Creekside Ridge Dr. Ste 100
Roseville, CA 95678-3568
Phone: 888-765-9020.

Sedgwick SIU Inc. California Agency License No.: PI 5721.

Disclosure of licensing and regulation by the Bureau of Security and Investigative Services:

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40003 7
Sedgwick and its investigators are licensed in the State of California and meet all regulatory requirements established by the Department of Consumer Affairs, Bureau of Security and Investigative Services. Sedgwick SIU and its licensed California private investigators acknowledge they are governed and regulated by this Bureau.” All terms and conditions of the Agreement shall otherwise remain the same, except those terms and conditions which have been added, deleted, or modified by the Parties in writing.

IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed on the dates shown below.

The City of Concord Sedgwick Claims Management Services, Inc.

By _________________________________ By
Valerie J. Barone J. Edward Peel Title City Manager Title Sedgwick Representative ______ Date ________ Date APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR’S CERTIFICATION:

Concord, California
Date ___________________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2026/27 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $628,067. Account Code: 6102030Z99-63800-0500.

THE SUM OF $396,628. Account Code: 61020301Z01-63600-000. _______________________________
Finance Director’s Signature

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Staff Report
Date: June 9, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Kylie Hicks-Carrera, Budget Analyst
Prepared by: Aaron Sage, Planning Manager
[email protected]
(925) 671-3465
Subject: Considering adoption of a Resolution amending Exhibit A to Resolution No. 78-6042 (establishing fees and charges for various municipal services and programs in the City of
Concord) to update Planning Division fees inadvertently omitted from the April 28, 2026, fee update.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15061(b), 15262, 15273, and/or 15378.

Report in Brief
It is the policy of the City of Concord (City) to set User Fees and Charges based on cost recovery levels in lieu of subsidizing fee-related activities with General Fund dollars.

Policy & Procedure No. 170 requires that certain fees and charges for city services be adjusted based on changes in labor costs. This amendment updates Planning Division fees that were omitted from the April 28, 2026, fee update. These fees will go into effect 60 days from Council adoption or August 8, 2026. The proposed fee changes are discussed in detail in the body of this report.

Recommended Action
Adopt a Resolution (Attachment 1) amending Exhibit A to Resolution No. 78-6042 (establishing fees and charges for various municipal services and programs in the City of Concord) to update Planning Division fees inadvertently omitted from the April 28, 2026, fee updates.

4.g4.g4.g4.g4.g

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City Council Agenda Report
Agenda Item No. 4.g
June 9, 2026
Background
User fees and charges are collected to recover some or all of the costs incurred in providing a specific service from which one or more individuals obtain a benefit. Each year, the City Council considers adjustments to the Fees and Charges Schedule (FCS) through the adoption of a fees and charges resolution.

In support of the City Council’s priority focus area on long-term financial stability, City Council adopted Policy & Procedure No. 170 (Attachment 2), which sets cost recovery goals and policy guidelines for user fees and charges. Consistent with the Policy, staff hourly rates are determined each year by using the current average cost for each position, which includes assumed general wage and benefit adjustments effective in Fiscal Year (FY) 2026-27. Fees that reflect hourly staff charges are therefore proposed to be increased in this FCS, as required by the Policy, to avoid requiring the General Fund to subsidize projects that benefit the individual.

Planning Division fees are adjusted periodically based on changes in labor costs as approved by the City Council. These adjustments are intended to keep fees and charges in pace with costs of service delivery and to avoid large increases in fees in any given year. While various Planning Division fees were updated with the citywide fee amendment approved by the Council on April 28, 2026, the hourly rate for the Planning Division and several other fees (listed below) were not included in these updates.

Analysis and Discussion
In accordance with the Policy, staff proposes the following additional Planning Division fee adjustments for FY 2026-27 (italicized references indicate where fees appear in Table D of the FCS, included as Attachment 1, Exhibit A). As noted above these fees were inadvertently left out of the proposed changes presented to Council last April, so are being addressed now.
a. Adjusted Hourly Rate
Multiple fees are charged based on the actual staff hours worked, using a standard, composite hourly rate for the division or unit responsible. To ensure cost recovery on these fee types, the Planning Division’s composite hourly rate has been increased by approximately 5.5 percent to reflect new hourly rates for Planning Division classifications involved in processing these permits, which are shown in Attachment 3 and were approved by the City Council on April 28, 2026. Note that rates shown in Attachment 3 are not being changed at this time. (Line item 48.1.1) b. Abatement Hearings
The April 28 fee updates changed this fee from a flat fee to “Actual Hours;” however, the “Fee Basis” column was not updated to reflect this change.

This has been corrected with the attached updates. (Line item 29.1)

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City Council Agenda Report
Agenda Item No. 4.g
June 9, 2026
c. Sign Permits
The fees for Temporary Banners, Sign Plans, and Sign Plan Extensions have been increased to reflect the adjusted Planning Division composite hourly rate discussed above. (Line items 38.1.1, 38.1.4, 38.1.5, and

38.1.6)
d. Major Use Permit Extensions
This fee has been increased to reflect the adjusted Planning Division composite hourly rate discussed above. (Line item 44.5.4) e. Reasonable Accommodations
This fee has been increased to reflect the adjusted Planning Division composite hourly rate discussed above. (Line item 44.6.3) Financial Impact
Policy & Procedure No. 170 requires the annual updating of the City’s FCS. The recommended fee update in Exhibit A to Attachment 1 would slightly increase revenues beyond those stated in the April 28, 2026, staff report, further offsetting the cost of these services. The anticipated revenues are reflected in the adopted budget for FY 2026-27.

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”), the updates to the City’s Fees and Charges Schedule do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15273, and/or 15378 and/or are exempt from CEQA review because the fiscal activities do not involve a commitment to a specific project, 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, involve establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by the City, and/or the creation of government funding mechanisms and administrative/organizational activities. In addition, the amendments are categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that the updates to the City’s Fees and Charges Schedule 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. Notice of this hearing was published in the East Bay Times, as required by State Law and the Concord Municipal Code. Parties who have expressed an interest in this topic were notified as well as current contractors doing business with the City, the California Building Industry Association, Building

Page 3 of 14 ends

City Council Agenda Report
Agenda Item No. 4.g
June 9, 2026
Industry Association of the Bay Area, NARI (National Association of the Remodeling Industry) of Diablo Valley, the Concord Chamber of Commerce, East Bay Rental Housing Association (EBRHA), California Apartments Association (ACA), and Contra Costa Association of Realtors (CCAR). In accordance with Government Code Section 66016(a), at least 10 days prior to the meeting, the City made available to the public data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues.

Attachments

1. Resolution amending Exhibit A to Resolution No. 78-6042 (establishing fees and charges for various municipal services and programs in the City of Concord)
Exhibit A: Amendments to Fees and Charges for Various Municipal Services and Programs effective August 8, 2026.

2. Policy & Procedure No. 170

3. Planning Division Hourly Rates

Page 4 of 14 ends

Res No. 26-xxxx.x 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Amending Exhibit A to Resolution No.
78-6042 (Establishing Fees and Charges for Various
Municipal Services in the City of Concord)
Resolution No. 26-XXXX.X
/
WHEREAS, the City Council provides a variety of municipal services; and WHEREAS, the City Council adopted Resolution No. 78-6042 on October 9, 1978, establishing a master resolution within which various municipal fees and charges would be located; and
WHEREAS, amendments to Exhibit “A” to Resolution No. 78-6042 are necessary to establish or delete various fees; and
WHEREAS, the Director of Finance has recommended that the City Council approve an amendment to certain fees which are currently set forth in Exhibit “A” to this Resolution No. 26- 6042.2; and
WHEREAS, the City Council, at its meeting of June 9, 2026, received a report from the Director of Finance identifying the need for such changes; and WHEREAS, the City Council held public hearing on June 9, 2026, at which time any and all members of the public were afforded an opportunity to address the City Council regarding this matter; and
WHEREAS, upon close of the public hearings the City Council deliberated upon the information received during the course of the public hearings.

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

Section 1. The foregoing recitals are incorporated by reference.

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 updates to the City’s Fees and Attachment 1

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Res No. 26-xxxx.x 2
Charges Schedule do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15273, and/or 15378 and/or are exempt from CEQA review because the fiscal activities do not involve a commitment to a specific project, 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, involve establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by the City, and/or the creation of government funding mechanisms and administrative/organizational activities. In addition, the amendments are categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that the updates to the City’s Fees and Charges Schedule may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 3. Exhibit “A” to Resolution No. 78-6042 is hereby amended as set forth in Exhibit “A” of this Resolution. Only the highlighted fees or fees shown in redline are being altered, amended, or increased. All other fees set forth in Exhibit “A” will remain in effect as originally adopted.

Section 4. The fees established by this resolution shall become effective 60 days following their adoption or on August 8, 2026, as indicated in Exhibit “A.” Section 5. This resolution shall become effective immediately upon its passage and adoption. //
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Res No. 26-xxxx.x 3
PASSED AND ADOPTED by the City Council of the City of Concord on June 9, 2026, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 26-6042.2 was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 9, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A - Amendments to Fees and Charges for Various Municipal Services

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Fees and Charges for Various Municipal Services
D. Permit Center Fees
Date of Last Adoption: 5-28-2024
Ord. No. 24-4
Num Description (*) Fee Basis Plan Engr Bldg Tran Total Fee Deposit Date last updated Fee Basis Plan Total Fee
Proposed Fees Effective 8/8/26 Current Fees

26.6.2.2 Acceptance by City Staff Fixed Fee n/a 1,400.00 n/a n/a 1,400.00 7/6/2025

26.6.3 Reversion to acreage or record of survey filing fee Fixed Fee 220.00 850.00 n/a n/a 1,070.00 7/6/2025

26.6.4 Assessment District Reapportionment (CMC 78-32)

26.6.4.1 Application Fee Fixed Fee n/a 279.00 n/a n/a 279.00 7/1/2019

26.6.4.2 Review - Hearing Method Actual Hours n/a Actual Hours n/a n/a Actual Hours 7/6/2025

26.6.4.3 Review - Alternative Method Actual Hours n/a Actual Hours n/a n/a Actual Hours 17,000.00 7/6/2025

26.7 Development Plan Review and additional plan checking as required, due to substantial plan alterations [B] Actual Hours n/a Actual Hours n/a n/a 2,500.00 7/6/2025 Refer to No. 47. Ministerial Review for Applicable Fees 27 Neighborhood Preservation

27.1 Multi-Family Rental Inspection Program Fees See Table 3b
28 Off-Site Street Improvement Program (OSIP)

28.1 Single family unit (per dwelling unit) Per Unit n/a 3,251.00 n/a n/a Varies

28.1.1 Accessory Dwelling Unit (750sqft to 1200sqft and larger than 40% of primary dwelling) Per Unit n/a 1,626.00 n/a n/a Varies

28.1.2 Accessory Dwelling Unit (750sqft to 1200sqft and 40% or smaller than primary dwelling) Per Unit n/a 1,073.00 n/a n/a Varies 7/1/2020

28.2 Multi family unit, including condominium and townhouse (per dwelling unit) Per Unit n/a 2,624.00 n/a n/a Varies

28.3 Commercial (per gross sq. ft.) Per G.S.F. n/a 8.81 n/a n/a Varies

28.4 Office (per gross sq. ft.) Per G.S.F. n/a 7.04 n/a n/a Varies

28.5 Industrial (per gross sq. ft.) Per G.S.F. n/a 2.98 n/a n/a Varies

28.6 Mini-storage (per gross sq. ft.) Per G.S.F. n/a 1.51 n/a n/a Varies 29 Other Community Development Fees [C]

29.1 Abatement Hearing (by the Zoning Administrator) [B] Fixed Fee 1,760.00 n/a n/a n/a 1,760.00 7/16/2023 Actual Hours

29.2 New Street Name/Street Name Change

29.2.1 Planning Fixed Fee 2,640.00 279.00 n/a n/a 2,919.00 7/16/2023 (includes 8 hrs for IT and coord with PD,Fire)

29.3 Continuance of Hearing Item

29.3.1 Republication and renotification Actual Cost Actual Cost n/a n/a n/a Actual Cost 7/7/2024 30 Oversized Load Permit

30.1 A single day vehicle movement Fixed Fee n/a 16.00 n/a 250.00 16.00 8/10/2025

30.2 Multiple movements of a vehicle for a one-year period (special conditions may apply) Fixed Fee n/a 90.00 n/a 250.00 90.00 8/10/2025 31 Park Land

31.1 Rural Residential-Conservation/Low-Density Residential Designations; Park Land Requirement - 697 sq.ft. (per unit)

31.1.1 38961 Per Unit n/a 11,910.00 n/a n/a

31.1.2 39326 Per Unit n/a 13,504.00 n/a n/a

31.1.3 39692 Per Unit n/a 15,098.00 n/a n/a

31.1.4 40057 Per Unit n/a 16,691.00 n/a n/a

31.2 Medium-Density Designation; Park Land Requirement - 479 sq. ft.

31.2.1 38961 Per Unit n/a 8,170.00 n/a n/a

31.2.2 39326 Per Unit n/a 9,271.00 n/a n/a

31.2.3 39692 Per Unit n/a 10,370.00 n/a n/a

31.2.4 40057 Per Unit n/a 11,470.00 n/a n/a

31.3 High-Density Designation; Park Land Requirement - 414 sq. ft. (per unit)

31.3.1 38961 Per Unit n/a 7,055.00 n/a n/a

31.3.2 39326 Per Unit n/a 8,009.00 n/a n/a

31.3.3 39692 Per Unit n/a 8,962.00 n/a n/a

31.3.4 40057 Per Unit n/a 9,914.00 n/a n/a

31.4 Downtown, Seniors and Special Needs Housing Units; Park Land Requirement - 305 sq. ft. (per unit)

31.4.1 38961 Per Unit n/a 5,233.00 n/a n/a

31.4.2 39326 Per Unit n/a 5,924.00 n/a n/a

31.4.3 39692 Per Unit n/a 6,613.00 n/a n/a

31.4.4 40057 Per Unit n/a 7,304.00 n/a

31.5 Accessory Dwelling Unit (750sqft to 1200sqft and larger than 40% of primary dwelling) - shall be fifty percent 7/1/2020 (50%) of the Rural Residential-Conservation/Low Density Residential Designation (per unit)

31.5.1 38961 Per Unit n/a 5,955.00 n/a n/a

31.5.2 39326 Per Unit n/a 6,752.00 n/a n/a

31.5.3 39692 Per Unit n/a 7,548.00 n/a n/a

31.5.4 40057 Per Unit n/a 8,345.00 n/a n/a

31.6 Accessory Dwelling Unit (750sqft to 1200sqft and 40% or smaller than primary dwelling) n/a 5,508.00 n/a n/a 7/1/2020 Per Unit
32 Parking, In-Lieu Payment

32.1 Per off-street parking space that a development is deficient; land use conversion of an existing building that requires additional parking and new commerical (or other non-residential) development Per Space 1,572.00 n/a n/a n/a

32.2 Per off-street parking space that a development is deficient; new multifamily residential development. **Projects submitted as of April 25, 2017, and building permits pulled by July 1, 2020, parking in-lieu fee at $1,572.

Per Space 25,000 n/a 7/1/2018
33 Preliminary Applications 7/1/2021
Exhibit A to Attachment 1

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Exhibit A to Attachment 1
Fees and Charges for Various Municipal Services
D. Permit Center Fees
Date of Last Adoption: 5-28-2024
Ord. No. 24-4
Num Description (*) Fee Basis Plan Engr Bldg Tran Total Fee Deposit Date last updated Fee Basis Plan Total Fee
Proposed Fees Effective 8/8/26 Current Fees

33.1 Nonresidential Project, and Non-SB 330 Residential Project Fixed Fee 1,720.00 1,960.00 500.00 4,180.00 8/10/2025

33.2 SB 330/Residential Project [B] Actual Hours Actual Hours Actual Hours Actual Hours 5,000.00 7/1/2021

33.3 SB 9 Project Actual Hours
and Fixed Fee Actual Hours Actual Hours 107.50 Actual Hours Varies 2,000.00 7/6/2025 34 Public Notification

34.1 Minor (100-foot radius or posting site) Fixed Fee 440.00 n/a n/a n/a 440.00 7/16/2023

34.2 Major (300-500 foot radius) Fixed Fee 1,540.00 n/a n/a n/a 1,540.00 7/16/2023 35 Public Support

35.1 Research, per hour after first 30 minutes [B] Actual Hours Actual Hours Actual Hours n/a Actual Hours Varies 500.00 7/6/2025

35.2 Consultation, per hour after first 30 minutes [B] Actual Hours Actual Hours Actual Hours n/a Actual Hours Varies 500.00 7/6/2025 36 Recycling - Construction & Demolition Projects

36.1 Program Fee (CMC 82-120) - Percentage assessed to the permit value of covered projects (CMC 18-116). This fee is capped at $4,500 and $18,000 for residential and commercial projects, respectively. This fee is non- refundable.

Valuation
Percentage 0.30% 0.30%

36.2 Request for Exemption for Small Collection Facilities for Nonprofit Organizations (CMC 82-113). Fixed Fee 250.00 250.00

36.3 Performance Security Fee (CMC 82-118) - Percentage assessed to the permit value of covered projects (CMC 18-116). The minimum fee is $250 for projects under $10,000 in value and $500 for projects $10,000 in value, or greater. The maximum fee is capped at $25,000.
[A] Security
Deposit

36.3.1 Permit Value - $0 - $49,999 1.5% 1.5%

36.3.2 Permit Value - $50,000 or more 2.0% 2.0%
37 Sewer Connection
(If new construction is necessary, a building or encroachment permit will also be required.)

37.1 Application Processing Fee n/a 157.00 n/a n/a 157.00 7/1/2020

37.2 Capacity Fee

37.2.1 Single Family Home or 3-Bedroom Multiple Dwelling Unit Per Unit n/a 6,215.00 n/a n/a 7/7/2024

37.2.2 2-Bedroom Multiple Dwelling Unit Per Unit n/a 4,598.00 n/a n/a 7/7/2024

37.2.3 1-Bedroom or Studio Multiple Dwelling Unit Per Unit n/a 3,419.00 n/a n/a 7/7/2024

37.2.6 All other uses Per fixture n/a 1,244.00 n/a n/a 7/7/2024

37.2.7 Any connection where the main sewer was installed by the n/a Determined Individually n/a n/a

37.2.8 Certificate of Entitlement to Reimbursement procedure n/a 175.00 n/a n/a

37.2.9 Lateral Construction Area n/a Determined Individually n/a n/a

37.3 Main Trunk Reimbursement Fees

37.3.1 Single Family Home or 3-Bedroom Multiple Dwelling Unit n/a Determined Individually n/a n/a

37.3.2 2-Bedroom Multiple Dwelling Unit n/a Determined Individually n/a n/a

37.3.3 1-Bedroom or Studio Multiple Dwelling Unit n/a Determined Individually n/a n/a

37.3.4 Accessory Dwelling Unit n/a Determined Individually n/a n/a

37.3.5 All other uses n/a Determined Individually n/a n/a

37.4 Certificate of Entitlement Reimbursement Fee (CMC Article II, Section 110-40) n/a 175.00 n/a n/a

37.5 Sewer Service charge (annual) n/a Table 4 n/a n/a 38 Sidewalk Repair Administrative Fee Fixed Fee n/a 176.00 n/a n/a 176.00 7/1/2019 (Sections 5600 et seq. of the CA Streets & Highways Code)

38.1 Signage

38.1.1 Temporary Banner Fixed Fee 110.00 n/a n/a n/a 110.00 7/16/2023 116.00 116.00

38.1.2 Master Sign Program (DRB & PC review) [B] Actual Hours & Fixed Fee Actual Hours n/a n/a n/a 6,500.00 7/7/2024

38.1.3 Master Sign Program (staff review) Fixed Fee 1,100.00 n/a n/a n/a 1,100.00 7/16/2023

38.1.4 Sign Plan Fixed Fee 660.00 n/a n/a 660.00 7/16/2023 696.00 696.00

38.1.5 Sign Plan Extension (PC review) Fixed Fee 440.00 n/a n/a n/a 440.00 7/16/2023 465.00 465.00

38.1.6 Sign Plan Extension (staff review) Fixed Fee 220.00 n/a n/a n/a 220.00 7/16/2023 232.00 232.00 39 Special Administration

39.1 Agreement processing not related to subdivisions

39.1.1 Council action not required Per Agreement n/a 2,232.00 n/a n/a 2,232.00 7/1/2021

39.1.2 Council action required Per Agreement n/a 4,468.00 n/a n/a 4,468.00 7/1/2021

39.2 Acceptance of new public improvements Fixed Fee n/a 2,232.00 n/a n/a 2,232.00 7/1/2021

39.2.1 Address request/change Fixed Fee 67.50 n/a 67.50 7/6/2025

39.3 After-hours permit request review/approval Fixed Fee n/a 78.00 n/a n/a 78.00 7/1/2021

39.3.1 After-hours Building Permit request review/approval Fixed Fee 67.50 n/a 67.50 7/6/2025

39.4 Permit extension request Fixed Fee n/a 157.00 n/a n/a 157.00 7/1/2021

39.5 Project archiving and closeout (major projects only) [B] Actual Hours n/a Actual Hours n/a 1,500.00

39.6 Penalties

39.6.1 Penalty for commencing work without permit (note: repeat offenders will be subject to increasing penalties at the discretion of the City Engineer)
Permit Fees
Doubled n/a 2X Permit Fee n/a n/a 2X Permit
Fee

39.7.1 City Processing Fee - Recording Substandard Condition on Property Title Fixed Fee 465.00 465.00 7/6/2025

39.7.2 County Recording Fee Actual Cost Actual Cost Actual Cost 7/1/2021 40 Staff Interpretation [B] Actual Hours Actual Hours 3,000.00 7/7/2024

Page 9 of 14 ends

44.4.2 Without hearing Fixed Fee 440.00 n/a n/a n/a 440.00 7/7/2024

44.5 Major Use Permit 7/7/2024

44.5.1 Existing Building [B] Actual Hours /
Fixed Fee Actual Hours Actual Hours Actual Hours Actual Hours varies 3,000.00 7/7/2024

44.5.2 New Construction [B] Actual Hours /
Fixed Fee Actual Hours Actual Hours Actual Hours Actual Hours varies 10,000.00 7/7/2024

44.5.3 Major Use Permit Amendment [B] Actual Hours /
Fixed Fee Actual Hours Actual Hours Actual Hours Actual Hours varies 3,000.00 7/7/2024

44.5.4 Major Use Permit Extension Fixed Fee 880.00 n/a n/a n/a 880.00 7/7/2024 930.00 930.00

44.6 Variance 7/7/2024

44.6.1 Variance without hearing Fixed Fee 1,720.00 640.00 110.00 250.00 2,720.00 8/10/2025

44.6.2 Variance with hearing [B] Actual Hours /
Fixed Fee Actual Hours Actual Hours 110.00 Actual Hours Varies 3,000.00 7/6/2025

44.6.3 Reasonable Accommodation Fixed Fee 660.00 n/a n/a n/a 660.00 7/6/2025 697.00 697.00 7/7/2024
45 Zoning Amendment 7/7/2024

45.1 Rezoning Application [B] Actual Hours Actual Hours n/a n/a Actual Hours 20,000.00 7/7/2024

45.2 Zoning Text Amendment [B] Actual Hours Actual Hours n/a n/a Actual Hours 20,000.00 7/7/2024 46 Zoning Verification Letter Fixed Fee 550.00 n/a n/a n/a 550.00 7/7/2024 47 Other Fees 7/7/2024

47.1 Refund processing fee (for overpayments < $15 - see notes section) Fixed Fee 17.00 7/7/2024

47.2 Deposit forfeiture (security deposits or trust accounts left unclaimed after 4 years - see notes section) Unclaimed Deposit Amount
Unclaimed Deposit
Amount 7/7/2024
48 Hourly Rates with Overhead 7/7/2024

48.1 Planning Services 7/7/2024

48.1.1 Planning Services - City Staff Hourly Rate 220.00 n/a n/a n/a 220.00 7/7/2024 232.00 232.00

48.1.2 Expedited Planning Services - performed by consultant [A] Cost + 20% Admin Fee
Cost + 20%
Admin Fee 7/7/2024

48.2 Engineering Services 7/7/2024

48.2.1 Processing Hourly Rate n/a 157.00 n/a n/a 157.00 7/7/2024

48.2.2 Engineering Plan Check Hourly Rate n/a 279.00 n/a n/a 279.00 7/7/2024

48.2.3 Engineering Inspection Hourly Rate n/a 176.00 n/a n/a 176.00 7/7/2024

48.3 Building Division Services 7/7/2024

48.3.1 Processing [B] Hourly Rate n/a n/a 135.00 n/a 135.00 7/6/2025

48.3.2 Plan Check [B] Hourly Rate n/a n/a 220.00 n/a 220.00 7/6/2025

48.3.3 Inspection [B] Hourly Rate n/a n/a 186.00 n/a 186.00 7/6/2025

48.4 Transportation Services 250.00 8/10/2025 49 Wireless Communication Facilities 7/7/2024

49.1 Section 6409 Permit [D] Fixed Fee 1,100.00 279.00 110.00 250.00 1,739.00 8/10/2025

49.2 Administrative Permit [D] Fixed Fee 3,300.00 837.00 110.00 250.00 4,497.00 8/10/2025

49.3 Minor Use Permit [D] Fixed Fee 6,600.00 1,674.00 110.00 250.00 8,634.00 8/10/2025

49.4 Master License Agreement Fee Fixed Fee
660.00
n/a n/a n/a
660.00
7/7/2024

49.5 Pole-License Agreement Application Fixed Fee
517.00 for up
to five batched
applications
n/a n/a n/a
517.00
7/7/2024

49.6 Pole-License Charge (MLA) Fixed Charge
per MLA
1545-2575 +
3% Annual
Escalation
n/a n/a n/a
1545-2575 +
3% Annual
Escalation
7/7/2024

49.7 Pole-License Charge (PLA) Fixed charge
per PLA
295.04-384.96
+ 3% Annual
Escalation after
2030
295.04-
384.96 + 3%
Annual
Escalation
after 2030
7/7/2024

49.8 Small Wireless Facility Hourly Rate Actual Hours Actual Hours Actual Hours Actual Hours Varies Varies 7/6/2025 Notes
General:

Referenced in Schedule:

For services rendered by City staff which have no fee listed in this section of the fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for the applicable City staff as provided in Table 1.

Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application, including an administrative fee of 20% to cover the associated Citywide overhead costs.

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1 CITY OF CONCORD

Number:

Authority:

Effective:

Revised:

Reviewed:

Initiating Dept.:
170
Council Motion
04-26-2016
11-01-2016
FIN

USER FEES AND CHARGES RECOVERY

1. PURPOSE
To establish policy guidelines for setting and updating User Fees and Charges; establish cost recovery goals; and ensure compliance with State law.

2. GENERAL
California Constitution Articles XIIIC and XIIID [Prop 218], Article XIIIC §1(e) [Prop 26] and Article XIIIA [Proposition 13] have placed both substantive and procedural limits on cities’ ability to impose fees and charges. This policy establishes a process for Concord’s User Fees and Charges to be reviewed and updated on an ongoing basis to ensure that fees do not exceed the City’s costs of providing services; keep pace with changes in the costs of providing the services; and keep pace with changes in methods of levels of service delivery.

3. REVIEW AND UPDATE
A comprehensive analysis of City costs and fees should be conducted at least every five years. In the interim, fees will be a
djusted by annual changes in labor costs as approved by the City Council with the exception of Special Events Fees, which shall be adjusted by 3% per annum. Fees may also be changed based on supplemental analysis whenever there have been significant changes in the method, level or cost of service delivery.

4. POLICY
It is the policy of the City of Concord to set User Fees and Charges based on cost recovery levels in lieu of fully subsidizing fee-
related activities with General Fund dollars. The cost recovery levels are reflective of the following policy statements.

4.1 Community-wide vs. Private Benefit: The level of user fee cost recovery should consider the community-wide versus private-benefit nature of the program or activity. The use of general- purpose revenues is appropriate for community-wide services, while user fees are appropriate for services that are of special benefit to easily identified individuals or groups.

4.2 Service Recipient vs. Service Driver: The concept of the service recipient versus service driver is particularly important for regulated activities such as development review and police-issued permits. It could be argued that the applicant is not the beneficiary of the City's development review efforts and that the community is the primary beneficiary. However, the applicant is the driver of development review costs, and as such, cost recovery from the applicant is appropriate.

4.3 Consistency with City Goals and Policies: City policies and Council goals related to the community’s quality of life may also be factors in setting cost recovery levels. For example, fees can promote city-wide goals, facilitate environmental stewardship, encourage compliance

POLICY & PROCEDURE
Attachment 2

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POLICY & PROCEDURE NO. 170

Page 2 of 3 ends

with City regulations (e.g. water heater permits, minor but important permits to ensure safety) or discourage certain actions (e.g. false alarms, which negatively impact law enforcement).

4.4 Elasticity of Demand for Services: The level of cost recovery and related pricing of services can significantly affect the demand and subsequent level of services provided. At full cost recovery, this has the specific advantage of ensuring that the City is providing services for which there is genuinely a market that is not overly-stimulated by low fees.

Conversely, high levels of cost recovery will negatively impact the delivery of services to lower income groups. This negative feature is especially pronounced, and works against public policy, if the services are specifically targeted to low income groups.

4.5 Availability of Services from the Private Sector: High cost recovery levels are generally sought in situations where the service is available from other sources in order to preserve taxpayer funds for core City services. Conversely, services that are not available from other sources and are typically delivered when residents experience an emergency typically have low or zero cost recovery levels (e.g. response to a 911 call).

It should be noted, that the current Master Fee Schedule for recreational services includes a lower rate for Concord residents than residents living outside of Concord.

4.6 Feasibility of Collection and Recovery: Although it may be determined that a high level of cost recovery may be appropriate for specific services, it may be impractical or too costly to estab- lish a system to identify and charge the user. Accordingly, the feasibility of assessing and col- lecting charges should also be considered in developing user fees, especially if significant pro- gram costs are intended to be financed from that source.

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POLICY & PROCEDURE NO. 170

Page 3 of 3 ends

Target Cost Recovery Levels

Based on these policy statements, the following table overlays certain cost recovery levels grouped in low (0- 40%), medium (40.1% to 80%), and high (80.1% to 100%) cost recovery ranges. It is important to note that these groupings provide policy guidance and are not absolute. Some policy statements may weigh more heavily than others, which may result in a different cost recovery level grouping for particular fees. For example, fees for recre- ational activities are expected to be set in general at the medium cost recovery level. However, fees for recreational activities for which there is high demand may have a high cost recovery level due to high enrollment levels per class. It is important to note that User Fees and Charges will be reviewed at least biennially by the City Council as part of approval of the Master Fee Schedule.

Cost Recovery Levels Cost Recovery
Percentage Rate
Policy Considerations
(one or all may apply)

Low 0% - 40% • Public at-large benefits
• No intended relationship between fee
and benefit received
• Fee collection not cost effective would
discourage compliance
• No intent to limit use of service
• Affordability of service to low-income
residents

Medium 40.1% - 80% • Services share factors of both low and high recovery levels

High 80.1% - 100% • Individuals receive most of benefit of service
• Other alternative service providers
• Use is regulatory or specifically dis-
couraged

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Date of Last Adoption: 4-28-26
Resolution No. 26-6042.1
Planning Division Employee Hourly Rates for Services FY 2026-27 Job Code Description
Productive
Hourly Rate
Effective
7/1/26
3711 Administrative Coordinator* 184.48
3134 Assistant Planner 153.48
3132 Associate Planner 185.70
2133 Concord Reuse Area Planner 290.45
2123 Planning Manager 319.64
3336 Planning Technician* 127.89
2132 Principal Planner 243.16
3130 Senior Planner 202.10
*These classifications do not process hourly planning permits and are not included in the Planning Division's composite hourly rate.

Attachment 3

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Staff Report
Date: June 9, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Jasmin Loi, Director of Human Resources
Prepared by: Mark Love, Human Resources Manager
[email protected]
(925) 671-3397
Subject: Considering, in order to recruit and retain experienced and qualified police officers, adoption of:
(1) A Resolution approving the negotiated terms and
authorizing the City Manager to execute a three-year
memorandum of understanding between the City of Concord and the Concord Police Association for the period of July 1, 2026, through June 30, 2029; and
(2) A Resolution approving the negotiated terms and
authorizing the City Manager to execute a three-year
memorandum of understanding between the City of Concord and the Concord Police Managers’ Representation Unit for the period of July 1, 2026, through June 30, 2029.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, California Code of Regulations Title 14 Sections 15061(b)(2), 15061(b)(3), and/or 15378(b)(4).

Report in Brief
Concord residents continue to prioritize public safety in all community surveys. In order to recruit and retain qualified police officers, the City reached tentative agreements in May 2026 with both the Concord Police Association (POA) and the Concord Police Managers’ Representation Unit (PMA) for three-year successor memoranda of understanding. The Concord Police Association represents the Police Officer and Police

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

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City Council Agenda Report
Agenda Item No. 5.a
June 9, 2026
Sergeant classifications, and the Concord Police Managers’ Representation Unit represents the Police Lieutenant and Police Captain classifications.

The terms of the respective tentative agreements are described below in the analysis section.

Recommended Action
(1) Adopt a Resolution approving the negotiated terms and authorizing the City Manager to execute a three-year memorandum of understanding between the City of Concord and the Concord Police Association for the period of July 1, 2026, through June 30, 2029; and
(2) Adopt a Resolution approving the negotiated terms and authorizing the City Manager to execute a three-year memorandum of understanding between the City of Concord and the Concord Police Managers’ Representation Unit for the period of July 1, 2026, through June 30, 2029.

Background
The terms of the current memoranda of understanding between the City of Concord and the Concord Police Association and the Concord Police Managers’ Representative Unit are set to expire June 30, 2026. Over the past several months, City of Concord negotiators and union representatives bargained in good faith regarding successor memoranda of understanding and reached tentative agreements in May 2026. On May 29, 2026, the City of Concord received notice that the Union’s members ratified their respective tentative agreements.

Notably, the POA agreement represents a multi-year effort to recruit and retain qualified officers, maintain CalPERS compliance and transition out of the Police Professionalization Program. Likewise, the PMA agreement represents a multi-year effort to recruit and retain qualified officers and maintain CalPERS compliance.

Analysis
Concord Police Association – Noteworthy changes:

1. Wage Increases
a. Effective the first full pay period of July 2026, the base salary for all bargaining unit classifications will be increased by one percent (1%). b. Effective the first full pay period of July 2027, the base salary for all bargaining unit classifications will be increased by one-and-a-half percent (1.5%).
c. Effective the first full pay period of July 2028, the base salary for all bargaining unit classifications will be increased by one-and-a-half percent (1.5%).

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City Council Agenda Report
Agenda Item No. 5.a
June 9, 2026

2. Elimination of the Master Officer Program on December 31, 2026.

3. Longevity/Retention Program
a. Effective January 1, 2027, as part of the City’s transition out of the Master Officer/Sergeant Program, the City shall no longer pay pursuant to 10.4.1 b. Effective January 1, 2027, bargaining unit members with at least six (6) years as a sworn member of the Concord Police Department shall be entitled to longevity/retention pay equal to two-and-one-half percent (2.5%) of base pay.
c. Effective January 1, 2027, as part of the City’s transition out of the Master Officer/Sergeant Program, bargaining unit members with at least ten (10) years of sworn service, of which a minimum of six (6) years must be as a sworn member of the Concord Police Department, shall be entitled to an additional two and one half percent (2.5%) longevity/retention pay, for a total longevity/retention pay of five percent (5%) of base pay. d. Effective January 1, 2027, as part of the City’s transition out of the Master Officer/Sergeant Program, bargaining unit members with at least fourteen (14) years of sworn service, of which a minimum of six (6) years must be as a sworn member of the Concord Police Department, shall be entitled to an additional five percent (5%) longevity/retention pay, for a total longevity/retention pay of ten (10%) of base pay.
e. Effective January 1, 2027, as part of the City’s transition out of the Master Officer/Sergeant Program, bargaining members with at least eighteen (18) years of sworn service, of which a minimum of six (6) years must be as a sworn member of the Concord Police Department, shall be entitled to an additional five percent longevity/retention pay, for a total longevity/retention pay of fifteen percent (15%) of base pay.

4. Changes to Holidays
a. Effective July 1, 2026, or the first full pay period after council approves the MOU, whichever is later, all members of the POA bargaining unit shall be scheduled to work without regard for holidays and must work all holidays that fall on their scheduled workday.
b. In lieu of paid holidays off, all members of this bargaining unit receive six- and one-half percent (6.5%) calculated on base wage. The parties agree this holiday-in-lieu pay shall be reported to CalPERS as special compensation, unless directed otherwise by CalPERS.

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City Council Agenda Report
Agenda Item No. 5.a
June 9, 2026
Concord Police Managers’ Representation Unit – Noteworthy changes:

1. Wage Increases
a. Effective the first full pay period of July 2027, the base salary for all bargaining unit classifications will be increased by two- and one-half percent (2.5%).
b. Effective the first full pay period of July 2028, the base salary for the Lieutenant classification will be increased by two percent (2%).

2. Master’s Degree
a. Effective July 1, 2026, the amount paid to Lieutenants for eligible Master’s Degrees shall be five percent (5%) of base salary.

3. POST Management Certificate
a. Effective July 1, 2028, the City shall compensate members who have obtained a POST Management Certificate with an additional two- and one- half percent (2.5%) of base pay.

4. Changes to Holidays
a. Effective July 1, 2026, or the first full pay period after council approves the MOU, whichever is later, all members of the PMA bargaining unit shall be scheduled to work without regard for holidays and must work all holidays that fall on their scheduled workday.
b. In lieu of paid holidays off, all members of this bargaining unit receive six- and one-half percent (6.5%) calculated on base wage. The parties agree this holiday-in-lieu pay shall be reported to CalPERS as special compensation, unless directed otherwise by CalPERS.

5. Dental Plan
a. Orthodontic lifetime limit is increased from $4,000 to $5,000.

6. Step System Changes (see salary schedule in MOU)
a. Lieutenant 5-step wage system is converted to a 3-step wage system, and all current Lieutenants are placed at Step 3 in the new step system. b. The current Captain 3 step schedule is converted to a 2-step schedule, and current Captains are placed at Step 2 of the new step schedule. c. In July 2026 a differential of 10% will be in place between the new Step 3 of the Lieutenant step schedule and the new Step 1 of the Captain Step 1.

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City Council Agenda Report
Agenda Item No. 5.a
June 9, 2026
Financial Impact
The total cost of the compensation adjustments is $5,357,700 for the Concord Police Association memorandum of understanding and $560,100 for the Concord Police Managers’ Representation Unit over all three MOU years, Fiscal Years 2026-27, 2027- 2028, and 2028-29.

Environmental Determination
None of the activities addressed herein constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2), 15060(c)(3), or 15378 because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, even if any activity was a project under California Environmental Quality Act (CEQA), each is exempt under 14 Cal. Code Regs. Sections 15061(b)(2), 15061(b)(3), and 15378(b)(4).

Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution approving the proposed Concord Police Association memorandum of understanding with Exhibit A: Successor memorandum of understanding (July 1, 2026, to June 30, 2029)

2. Resolution approving the proposed Concord Police Managers’ Representation Unit memorandum of understanding, with Exhibit A: Successor memorandum of understanding (July 1, 2026 ,to June 30, 2029).

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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 Negotiated Terms and
Authorizing the City Manager to Execute a Three-
Year Memorandum of Understanding between the
City of Concord and the Concord Police Association
for the period July 1, 2026, through June 30, 2029
Resolution No. 26-XX
/
WHEREAS, the term of the current memorandum of understanding between the City of Concord and the Concord Police Association is set to expire June 30, 2026; and WHEREAS, over the past several months, City of Concord negotiators and the Concord Police Association representatives bargained in good faith regarding a successor memorandum of understanding and reached a tentative agreement in May 2026. On May 26, 2026, the City of Concord received notice that the Concord Police Association’s members ratified the tentative agreement; and WHEREAS, the attached successor memorandum of understanding between the City of Concord and the Concord Police Association contains the terms and conditions of employment for Police Officers and Police Sergeants for July 1, 2026, through June 30, 2029 (Exhibit A); and WHEREAS, the total cost of the comprehensive negotiated changes to the memorandum of understanding over the three-year term (Fiscal Years 2026-27, 2027-28, 2028-29) is approximately $5,357,700; and
WHEREAS, the City Council, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public meeting on June 9, 2026, on this item, and, at such public meeting, Council considered the staff report dated June 9, 2026, together with all other relevant oral and written testimony, materials and information received, including oral and written responses from City staff given on or dated June 9, 2026, all attachments thereto, any correspondence presented, and all other pertinent testimony, other materials and information, which are maintained at the offices of the City of Concord, City Clerk, 1950 Parkside Drive, Concord, CA 94519; and WHEREAS, on June 9, 2026, the Council, after consideration thereof, moved to approve the recommendation of staff and adopt this resolution.

Attachment 1

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Res. No. 26-XX 2

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

Section 1. None of the activities addressed herein constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2), 15060(c)(3), or 15378 because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, even if any activity was a project under California Environmental Quality Act (CEQA), each is exempt under 14 Cal. Code Regs. Sections 15061(b)(2), 15061(b)(3), and 15378(b)(4).

Section 2. Approves the attached successor memorandum of understanding between the City of Concord and the Concord Police Association for the period of July 1, 2026,, through June 30, 2029.

Section 3. Authorizes the City Manager to execute the memorandum of understanding on behalf of the City of Concord and to execute such documents and take other such steps as may be necessary or desirable to implement the memorandum of understanding.

Section 4. 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 June 9, 2026, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A: Memorandum of understanding between the City of Concord and Concord Police Association for the period of July 1, 2026, through June 30, 2029

Page 8 of 152 ends

Memorandum of Understanding
between
The City of Concord California
and
The
Concord Police Association
Effective July 1, 2026
Through June 30, 2029
Exhibit A to Attachment 1

Page 9 of 152 ends

i
Concord Police Association July 1, 2026
Memorandum of Understanding
Table of Contents
GENERAL INTRODUCTION...............................................................................................................................5

1. R ECOGNITION.........................................................................................................................................5

2. SCOPE OF THE MOU ..............................................................................................................................5

3. EMPLOYEE REPRESENTATION................................................................................................................5

3.1 Dues Deduction...................................................................................................................5

3.2 Representation by Employees.............................................................................................6

3.3 Bulletin Board.....................................................................................................................6

3.4 Electronic Mail....................................................................................................................6

4. MANAGEMENT RIGHTS..........................................................................................................................6

5. N ON-DISCRIMINATION...........................................................................................................................7

6. HOURS OF WORK ...................................................................................................................................7

6.1 General................................................................................................................................7

6.2 Breaks .................................................................................................................................8

6.3 Lunch Period.......................................................................................................................8

6.4 Overtime Meal ....................................................................................................................8

6.5 Daylight Saving Time .........................................................................................................9

6.6 Shift Schedule .....................................................................................................................9

7. P AY ..........................................................................................................................................................................................9

7.1 Pay Ranges..........................................................................................................................9

7.2 Step Assignments and Advances within the Pay Ranges ...................................................9

7.3 Salary Adjustments ...........................................................................................................10

7.4 Standby Pay ......................................................................................................................10

7.5 Call Back...........................................................................................................................10

7.6 Overpayment—Grace Period............................................................................................11

7.7Promotional Pay Increases.................................................................................................11

8. REPORT OF PERFORMANCE..................................................................................................................11

8.1 Rating Schedule ................................................................................................................11

8.2 Review Procedure .............................................................................................................12

9. OVERTIME PAY....................................................................................................................................12

9.1 Overtime Defined .............................................................................................................12

9.2 Compensatory Time Off (CTO) ........................................................................................13

9.3 Canine Duty ......................................................................................................................14

9.4 Court Appearances............................................................................................................14

10. SPECIAL COMPENSATION.....................................................................................................................16

10.1 Shift Differentials........................................................................................................16

10.2 Bilingual Pay...............................................................................................................17

10.3 Corporal Pay ...............................................................................................................17

10.4 Longevity/Retention Pay.............................................................................................17

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ii
Concord Police Association July 1, 2026
Memorandum of Understanding

10.5 Other Special Assignment Pay – Various Technical Assignments ............................18

10.6 S.W.A.T. Pay..............................................................................................................20

10.7 Field/Police Training Officer Pay ...............................................................................20

10.8 Master Police Officer and Master Police Sergeant .....................................................21

10.9 Educational Pay...........................................................................................................25

10.10 Temporary Upgrade Pay..............................................................................................26

11. H OLIDAYS............................................................................................................................................26

12. V ACATIONS..........................................................................................................................................28

12.7 Vacation Usage...........................................................................................................30

12.8 Accrual Rate Upon Re-employment, Reinstatement, or Rehire .................................30

12.9 Cash Payment in Lieu of Vacation Time Off..............................................................30

12.10 Vacation Pay Upon Termination.................................................................................30

12.11 Upon Death.................................................................................................................31

13. E MPLOYMENT, ADVANCEMENT AND RETENTION.....................................................................31

13.1 Probation .....................................................................................................................30

13.2 Status of Employee .....................................................................................................32

13.3 Demotions ...................................................................................................................32

13.4 Status While on Authorized Leave of Absence Without Pay .....................................32

13.5 Status of an Employee Upon Resignation or Retirement ...........................................33

13.6 Seniority......................................................................................................................33 14 LEAVES OF ABSENCE WITH PAY..........................................................................................................33

14.1 Sick Leave...................................................................................................................33

14.2 Administrative Leave..................................................................................................35

14.3 Jury Duty.....................................................................................................................35

14.4 Bereavement Leave ....................................................................................................36

15. AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY...............................................................................36

15.1 Personal Leave ............................................................................................................36

15.2 Authorized Leave of Absence without Pay for Military Duty....................................37

15.3 Family Care Leave ......................................................................................................37

15.4 Catastrophic Leave......................................................................................................37

16. D ISCIPLINE...........................................................................................................................................37

16.1 Rules of Conduct.........................................................................................................37

16.2 Extent of Disciplinary Actions....................................................................................39

16.3 Authority for Disciplinary Actions .............................................................................40

16.5 Notice to Employees ...................................................................................................40

16.6 Employee Response ....................................................................................................40

16.7 Order of Disciplinary Action ......................................................................................41

16.8 Effective Date .............................................................................................................41

16.9 Right of Appeal...........................................................................................................41

16.10 Employee Representative............................................................................................41

16.11 Appeal Procedure........................................................................................................42

16.12 Waiver of Steps or Time Limits..................................................................................44

16.13 No Interruption of Work .............................................................................................44

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iii
Concord Police Association July 1, 2026
Memorandum of Understanding

17. GRIEVANCE PROCEDURE .....................................................................................................................44

17.1 Definition ....................................................................................................................44

17.2 Employee Representative............................................................................................44

17.3 Class Actions & Association Grievances....................................................................44

17.4 Parties’ Intent..............................................................................................................45

17.5 Procedure ....................................................................................................................45

17.6 Waiver of Steps or Time Limits..................................................................................46

17.7 No Interruption of Work .............................................................................................46

18. SAFETY AND HEALTH..........................................................................................................................46

18.1 Safety ..........................................................................................................................46

18.2 Wellness Program.......................................................................................................47

18.3 Fit for Duty .................................................................................................................47

18.4 Stress Management .....................................................................................................48

19. BENEFIT PLANS....................................................................................................................................48

19.1 Group Medical Coverage .............................................................................................48

19.2 Dental..........................................................................................................................53

19.3 Life Insurance .............................................................................................................54

19.5 Long Term Disability..................................................................................................54

19.6 Job Injury Leave with Pay For Peace Officers............................................................54

19.7 Retirement...................................................................................................................58

19.8 Conversion of Sick Leave to Retirement Service Credit ............................................58

19.9 Deferred Compensation ..............................................................................................58

19.10 Employee Assistance ..................................................................................................58

19.11 Tuition Reimbursement...............................................................................................58

19.13 Vision Coverage..........................................................................................................59

20. U NIFORMS............................................................................................................................................60

20.1 Uniforms, Emblems, and Insignia ..............................................................................60

20.2 Uniform Allowance ....................................................................................................60

21. R EIMBURSEMENT.................................................................................................................................61

21.1 Damaged or Lost Personal Property ...........................................................................61

21.2 Travel..........................................................................................................................62

22. POLICIES AND PROCEDURES................................................................................................................64

23. OUTSIDE EMPLOYMENT.......................................................................................................................64

23.2 Prohibited Activities ...................................................................................................64

23.3 Authorization ..............................................................................................................64

24. ENTIRE AGREEMENT............................................................................................................................65

25. SEVERABILITY...........................................................................................................................65

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iv
Concord Police Association July 1, 2026
Memorandum of Understanding

26. R EVISIONS, AMENDMENTS, EXTENSIONS............................................................................................65

27. TERM OF AGREEMENT.........................................................................................................................65 ATTACHMENT A: SALARY SCHEDULE FOR POA UNIT CLASSIFICATIONS ..................................................67 ATTACHMENT B: HEALTH CARE COVERAGE FOR DISABLED EMPLOYEES..................................................68 ATTACHMENT C: VACATION CASH OUT ELECTION FORM (NON-REVOCABLE) ..........................................71

Page 13 of 152 ends

13388815.1 CO286-027 5
General Introduction
This Memorandum of Understanding (“MOU”) is made and entered into effective July 1, 2026, by and between the City of Concord (hereafter referred to as “City” or “Employer”) and the Concord Police Association (hereafter referred to as the “Association,” “Union,” “Certified Employee Organization,” “Representation Unit,” or “Unit” as appropriate).

This MOU entered into between the City and the Association represents the results of meeting and conferring in good faith in accordance with Section 3500, et seq., of the California Government Code.

The adjustments to wages, hours, and conditions of employment that are set forth in this MOU have been discussed in good faith between the parties hereto. The members of the Association, have ratified the terms and conditions in the MOU, and staff representatives of the City agree to recommend to the City Council that all the adjustments set forth herein be adopted in full by the City Council in the manner and procedure prescribed by law.

The section headings in this Memorandum of Understanding are for convenience only and are not to be construed as modifying or governing the language in the section referred to.

1. Recognition
The City recognizes the Association as the sole and exclusive employee representative for the purpose of meeting and conferring in respect to rates of pay, wages, hours, and other terms and conditions of employment for the term of this MOU, pursuant to and in accordance with all applicable provisions of California Government Code 3500 through 3509, as amended. As used in this MOU, the term(s) “Employee(s)” refers to full time individuals in classifications represented by this Unit.

2. Scope of the MOU
This MOU applies to all full-time sworn employees assigned to the classifications of Police Officer and Sergeant, which have been included in the Peace Officer Representation Unit by the Personnel Board pursuant to Policy and Procedure Number 37.34.

3. Employee Representation

3.1 Dues Deduction
Upon written notice from the Association that dues deduction has been authorized by the employee, membership dues will be automatically deducted from an employee’s pay and forwarded by the City to the Association. Dues deductions begin the beginning of the pay period following the City’s receipt of notice from the Association. For an employee on an unpaid leave of absence or whose net pay is less than the Association dues deduction, the Association is responsible for collecting dues payments directly from the member.

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6 3.2 Representation by Employees

3.2.1 For the purpose of meetings regarding wages, hours, and working conditions, the City will provide time off with pay for no more than five (5) employees during their normal work hours. Meetings held outside the employee’s normal work hours shall be on the employee’s own time.

3.2.2 For purposes of discipline or grievance or appeal meetings, the City will provide time off with pay for no more than the aggrieved employee plus one (1) other employee during the employee’s normal work hours. Meetings held outside of the employee’s normal work hours shall be on the employee’s own time.

3.2.3 Additional employees called by either party may be present with pay during such employee’s normal work hours to serve as a resource person or as a witness for meetings described in 3.2.1 or 3.2.2 above for the limited time required. Meetings held outside of that employee’s normal work hours shall be on the employee’s own time except, if the City orders an employee’s presence at the meeting, the employee will be paid pursuant to Section 10.5.4 below.

3.3 Bulletin Board
Any material to be posted by the Association shall be posted on a designated bulletin board provided by the City.

3.4 Electronic Mail
Association representatives may utilize the City’s electronic mail system solely to provide POA members notification of the time, date and location of Board and membership meetings. When using the City’s electronic mail system for Association business, the Association shall comply with Administrative Directive 162, Computer Systems & Related Technologies Usage Policy & Security Guidelines.

4. Management Rights
The parties to this MOU agree that the City retains the exclusive right to manage its operations and workforce, except to the extent that such right may be limited by the terms of any collective bargaining agreement, including, but not limited to this MOU, and/or applicable laws, rules, regulations and ordinances. The Association recognizes that the City’s rights include, but are not limited to, the right to manage its business and various departments; direct, select, decrease and increase the workforce, including hiring, promotion, demotion, to determine the qualifications of employees, to transfer employees within and between classifications, suspensions, discharge or layoff; the right to make all plans and decisions on all matters involving the business of the City, including, but not limited to the location of operations, the extent to which the facilities of any department thereof shall be operated, including any additions thereto; to maintain discipline and efficiency of employees; to schedule overtime and to run the City efficiently. The parties

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7 acknowledge that this provision shall not act, nor deemed to be a waiver of any rights or privileges.

5. Non-Discrimination
The City and the Association agree that there shall be no discrimination of any City employee or applicant for employment on any grounds prohibited by state or federal law.

The City and Association agree that no employee shall be discriminated against because of Association membership or activity.

6. Hours of Work

6.1 General

6.1.1 The normal work schedule shall be four ten-hour work shifts per work week. Except as defined immediately below, the work week commences at 12:00 a.m. on Monday morning and ends at 11:59 p.m. Sunday night. For graveyard shifts, the work week commences at 9:00 p.m. on Sunday night and ends at 8:59 p.m. the following Sunday night. For the overlap shift, the work week commences at 2:00 a.m. on Monday and ends at 1:59 a.m. on the following Monday. Work commencing on the last shift of the work week that continues uninterrupted into the succeeding work week will be considered as hours worked only in the work week when the work began. The actual hours of the day and days worked shall be determined by the Department.

6.1.2 The City has established a twenty-eight (28) day 207(k) Fair Labor Standards Act work period with an FLSA overtime threshold of one hundred and seventy-one (171) hours for sworn safety employees. The normal work schedule may be adjusted to meet the needs of the department pursuant to the City’s 207(k) work period.

6.1.3 Prior to modifying the established 4-10 schedule, and except for schedule adjustments under paragraph 6.1.2 above, the Chief shall notify the Association and, on request, meet and confer with representatives of the Association.

6.1.4 All paid leave shall count as hours worked.

6.1.5 Employees assigned to the weekend patrol (which will not include Traffic, K-9, Downtown, or SET) shall work three (3) twelve and a half (12.5) hour shifts each weekend. Weekend patrol commences at 0630 on Friday and ends at 0700 on the following Monday. Employees assigned to a twelve and a half (12.5) hour weekend patrol shift will work a minimum of seventy-five (75) hours and eighty-five (85) hours in any two (2) consecutive pay periods in the Section 207k twenty-eight (28) day cycle. In addition to the three (3) twelve and a half (12.5) hours weekend shift, employees will work a ten (10) hour pay-back day during the eighty-five (85) hour pay period. Except for emergencies, the ten (10) hour pay-back day shall be used exclusively for employee training.

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8 6.2 Breaks

6.2.1 The City shall provide one (1) fifteen (15) minute relief break within each 5-hour work period with no travel time permitted to go to some other site for the break.

6.2.2 The City shall provide one (1) twenty (20) minute relief break within each 5-hour period for those employees assigned to the twelve and a half (12 .5) hour work shifts on weekend patrol, with no travel time permitted to go to some other site for the break. During the ten (10) hour pay-back day of work, section

6.2.1 applies.

6.2.3 Relief break time may not be accumulated and, if not taken, shall be lost.

6.3 Lunch Period

6.3.1 Employees assigned to Patrol shall receive a forty-five (45) minute on-duty paid lunch period subject to call. Employees assigned as Detectives, or Sergeants assigned to Professional Standards, Community Awareness, Research and Development, and Special Operations, shall receive a thirty (30) minute on-duty paid lunch period subject to call.

6.3.2 Employees assigned to the twelve and a half (12 .5) hour work shifts on weekend patrol shall receive a one (1) hour on duty paid lunch period subject to call. During the ten (10) hour pay back day of work, section 6.3.1 applies.

6.4 Overtime Meal

6.4.1 The City will provide an overtime meal under emergency circumstances. The overtime meal may be provided as a meal at a pre-designated restaurant; as a box lunch or equivalent; or through reimbursement of up to $15.00 per allowed meal including tax and tips upon production of a valid receipt.

6.4.2 For purposes of this section, “emergency circumstances” means an immediate response or holdover to a department authorized call outside of the employee’s regular work shift for three hours or greater duration when the responding employee has had no time or opportunity to prepare or provide a meal.

Emergency circumstances do not include overtime court appearances, or previously scheduled overtime. Previously scheduled overtime is overtime scheduled with four or more hours of notice.

6.4.3 Employees eligible for an overtime meal under this section will be granted a 30-minute meal break for their overtime meal subject to call back except, however, where the employee is assigned to a fixed post and relief is not possible. In such fixed post emergency circumstances, the meal will be provided to the employee on site when the nature of the mission allows.

6.4.4 If the emergency circumstances meal break is not taken in conjunction with the assigned emergency work period, the meal allowance and break time is

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9 forfeited and no reimbursement will be made.

6.5 Daylight Saving Time

6.5.1 In the spring, when transitioning to Daylight Saving Time (DST), employees working during the one (1) hour transition from Standard Time to DST will be paid only for actual hours worked. Employees working on a shift which includes the one (1) hour transition may be granted an option by the Chief to work an additional hour or use compensatory time or vacation to make up the lost work hour.

6.5.2 In the fall, when transitioning from DST, employees working during the one (1) hour transition will be paid for all hours worked including overtime at one and a half (1.5) times for hours worked in excess of ten (10) hours on the shift.

6.6 Shift Schedule
Shift sign-up shall occur every eight (8) months. Shift rotations shall occur every four (4) months.

7. Pay

7.1 Pay Ranges
Pay ranges have been established for the Police Officer and Sergeant classifications. Each pay range has five (5) steps enumerated “1,” “2,” “3,” “4,” and “5.” The pay range and salary steps establish the basic compensation for each class. The pay ranges and steps effective the first full pay period of January 2023 are attached hereto as Attachment “A.”

7.2 Step Assignments and Advances within the Pay Ranges Employees will receive step rate adjustments according to the following schedule:

7.2.1 Advancement from Step 1 to Step 2 will occur after 13 bi-weekly pay periods following the date of hire; as adjusted to the beginning date of the closest pay period at that time.

7.2.2 If employed at other than Step 1 in the salary range for the class, then advancement to the next salary step will take place 26 bi-weekly pay periods following the date of hire, with the adjustment to the beginning of the closest pay period at that time.

7.2.3 All subsequent step increases shall be after 26 bi-weekly pay periods thereafter for each such step adjustment.

7.2.4 Step advancements are not automatic but are conditioned on satisfactory completion of performance requirements.

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10 7.3 Salary Adjustments

7.3.1 Effective the first full pay period of July 2026, the base salary for all bargaining unit classifications will be increased by one percent (1%).

7.3.2 Effective the first full pay period of July 2027, the base salary for all bargaining unit classifications will be increased by one and a half percent (1.5%).

7.3.3 Effective the first full pay period of July 2028, the base salary for all bargaining unit classifications will be increased by one and a half percent (

1.5%).

7.4 Standby Pay

7.4.1 Employees assigned to standby duty shall receive two hundred dollars ($200.00) per work week while on such standby duty. Standby pay for periods of less than seven days will be prorated.

7.4.2 Employees are on standby when they are assigned by management to be available for calls for service while in a non-working status during off-duty hours.

Employees assigned to standby duty shall be required to:

7.4.2.1 Be ready to respond in a reasonable time to calls for service;

7.4.2.2 Be readily available at all hours by telephone, or other communications devices; and

7.4.2.3 Refrain from activities, which employees should reasonably know, might impair the performance of their assigned duties upon call.

7.5 Call Back

7.5.1 Employees called back to work after the conclusion of their regular workday shall be paid a minimum of three hours at overtime rates or be credited with the equivalent compensatory time off. Employees called into work on their scheduled day off,, shall be paid a minimum of four (4) hours at overtime rates or be credited with the equivalent compensatory time off.

7.5.2 Call Back includes (1) an employee’s return to work upon the City’s request after the conclusion of the employee’s normal work shift, provided that more than one hour has elapsed between the end of the normal work shift and the subsequent requested reporting time; and (2) employees called into work on their regular scheduled day off, Call Back does not include scheduled requests that an employee report to work prior to the commencement of the employee’s regular work shift.

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11 7.6 Overpayment—Grace Period

7.6.1 Following notice by certified mail, addressed to the overpaid employee at the last known address shown on the City’s records, the overpaid employee shall have fifteen (15) days in which to submit in writing to Payroll a request for a grace period of no more than the number of pay periods in which the overpayment occurred and with payments that are no less than two hundred dollars ($200) per pay period. The notice required to be given by the overpaid employee must be acknowledged by the Finance Department in writing to be effective. The City may require the employee to sign a promissory note that guarantees repayment. No grace period shall be allowed for an overpayment of five hundred dollars ($500.00) or less.

7.6.2 If no such written request as set forth above for a grace period is made, the overpaid monies shall be deducted in such manner as the City of Concord deems best.

7.6.3 If a promissory note has not been executed, pursuant 7.6.1, upon termination of employment by resignation or otherwise of any overpaid employee, any remaining balance due and owing to the City shall be deducted from the employee’s last paycheck, including any “cash-out” of leave balances. If the employee does not have enough money or leave balances in the employee’s final paycheck to cover the amount that is still due and owing to the City, the employee shall be obligated to execute a promissory note to establish the method and manner of repayment of the remaining monies.

7.7 Promotional Pay Increases
Effective July 1, 2027, upon the promotion from Police Officer to the classification of Sergeant through the competitive selection process, an employee shall receive a promotional increase to the pay step in the Sergeant classification salary range that is at least five percent (5.0%) greater than the employee’s base salary rate plus corporal assignment pay (see section 10.3) and/or special assignment pay(see section 10.5). A promoted employee may not be placed at a rate above the highest step in their new classification’s salary range.

8. Report of Performance

8.1 Rating Schedule

8.1.1 Probationary Employees hired at the entry level or hired as lateral appointments shall receive a probationary performance report at the end of their second month of employment and at three (3) month intervals thereafter for the balance of their probationary period.

8.1.2 After successful completion of probation, employees shall receive a report of performance at frequencies designated by the Chief of Police but, in any event, no less than annually. The Chief of Police retains the discretion to modify the evaluation period and the issuance date of the annual report, with prior notice

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12 to the POA.

8.2 Review Procedure

8.2.1 Proposed reports of performance shall be reviewed by the rater’s immediate supervisor for concurrence prior to discussion with the employee.

8.2.2 Reports of performance will be reviewed with the employee and the discussion will include (a) feedback regarding the employee’s performance during the rating period just completed; (b) expected performance and goals for the next review period; and (c) career counseling including, where applicable, advancement, specialization, and/or training opportunities.

8.2.3 The employee shall sign the report to acknowledge receipt and the discussion of its contents. The employee’s signature does not necessarily mean that the employee agrees with the contents of the report. A copy of the report shall be provided to the employee.

8.2.4 An employee who receives an unacceptable rating will not be considered for future step increases until a satisfactory rating is established. When an employee receives two (2) consecutive unacceptable ratings, further disciplinary action may be taken.

8.2.5 An employee who receives two (2) consecutive “needs improvement” ratings will not be considered for a future step increase until a satisfactory rating has been established. If an employee receives one (1) “needs improvement” rating and is subsequently granted a step increase, such step increase may be withdrawn if the employee’s next rating is “needs improvement” or “unacceptable.”

8.2.6 Additional performance reports shall be prepared at three (3) month intervals for any employee whose performance rating was “needs improvement” or “unacceptable.” If, in the opinion of the Chief of Police, the employee’s performance improves to the extent that restoration of the step increase is justified, such restoration shall be made upon recommendation of the Chief of Police and approval by the City Manager. The effective dates shall be the beginning date of a pay period subsequent to the approval as specified in the recommendation to the City Manager.

8.2.7 The provisions of the grievance procedure shall apply to any protest of a performance report.

9. Overtime Pay

9.1 Overtime Defined

9.1.1 Authorized work in excess of an assigned work shift or time worked on a scheduled day off shall be considered overtime. All overtime is paid at the rate of one and one-half (1.5) times the employee’s regular rate of pay or accrued as

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13 compensatory time off on the basis of one and one-half (1.5) hours of compensatory time for each overtime hour worked.

9.1.2 For employees assigned to the twelve and a half (12.5) hour work shift, authorized work in excess of twelve and a half (12.5) hours per work shift or in excess of the seventy-five (75) hour or eighty-five (85) hour pay periods which are scheduled in a twenty-eight (28) day cycle shall be considered overtime.

Holdover on a twelve and a half (12.5) hour shift is limited to a maximum of three (3) hours. All overtime is paid at the rate of one and one-half (1.5) times the employee’s regular rate of pay or accrued as compensatory time off on the basis of one and one-half (1.5) hours of compensatory time for each overtime hour worked.

9.1.3 When adjusting the normal work schedule pursuant to section 6.1.2 above, overtime caused by the schedule adjustment shall be determined based on the designated 28-day consecutive period.

9.1.4 For purposes of overtime determination, authorized time off with pay including paid sick leave and vacation is considered hours worked. If time is lost during the employee’s regular work week for unexcused or unpaid absence, then the hours of lost time will not be counted for overtime calculation purposes on either a daily or weekly basis.

9.2 Compensatory Time Off (CTO)

9.2.1 In lieu of overtime pay in cash, an employee may request to accrue compensatory time off (CTO), which will accrue at the rate of time and one half (1.5) for each overtime hour worked. The maximum CTO accrual shall be one hundred and seventy (170) hours. Once an employee has reached the CTO cap of one hundred and seventy (170) hours, overtime shall be compensated in cash.

In addition, three (3) hours of CTO shall be provided to each employee in the first pay period in March. If the employee’s CTO balance is at the maximum allowed, then the employee shall be paid the three (3) hours of CTO in the first pay period in March.

9.2.2 Any employee may request payment of up to eighty (80) hours of CTO accrued in accordance with the following provisions:

9.2.2.1 During the periods April 1 through April 15 and October 1 through October 15 each year. The officer may elect to
receive cash for up to eighty (80) hours’ worth of CTO
accrued in each cash out period.

9.2.2.2 Payment of the cash in lieu of CTO shall be made not later than the last payday of the next month following the date the officer elected to receive such cash payment.

9.2.3 Absent a declared emergency, requests to use accumulated CTO shall be honored when such requests are submitted with reasonable notice.

Reasonable notice is defined as at least ten (10) calendar days in advance. A

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14 request to use CTO without reasonable notice may still be granted within the discretion of the Department.

9.2.4 Requests for use of accumulated CTO on City observed holidays, as set forth in Section 11.1, shall be honored when such requests are submitted with reasonable notice, unless there is a declared emergency or such requests would result in significant staffing shortages caused by multiple requests for time off on the same holiday. A request to use CTO on City observed holidays without reasonable notice may still be granted within the discretion of the Department.

9.2.5 Employees who separate from the City will be paid for accumulated CTO at the regular rate of pay.

9.3 Canine Duty
Canine duty shall be considered a specialty for purposes of police officer specialty pay assignments; provided, however, that the pay provisions for canine duty shall be regulated only by the following:

9.3.1 The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty canine duties. The hours derived at in this agreement were determined after an actual inquiry of the Officers assigned in the canine special assignment as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004). It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, both parties believe that this section of the MOU does comply with the requirements of the FLSA.

The parties estimate that the time canine officers spend in all aspects of the care, feeding, exercise, transport to/from work, and maintenance of their canines, on a monthly basis, is 20 hours. The parties further agree that any time spent in excess of such time is not reasonably necessary and is accordingly not authorized. The parties stipulate that the pay rate for the performance of such work shall be $35.11 per hour as of the first full pay period of July 2026. Accordingly, the full compensation due officers for the performance of their canine responsibilities, on a monthly basis, is
$702.29 per month as of the first full pay period of July 2026. Canine duty pay shall be included as remuneration for the regular rate calculation in determining overtime.

9.3.2 Canine pay shall be increased by a percentage reflecting any across-the- board percentage increase in salary.

9.4 Court Appearances

9.4.1 Court appearances are part of an employee’s assigned duties and, as such, court appearance hours will be counted as hours worked.

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15 9.4.2 Court appearance hours that are outside of the employee’s regular work shift, except court appearances that are covered by paragraph 9.4.3 below, shall be paid at the overtime rate of one and one-half (1.5) times the employee’s regular rate of pay for all court appearance hours worked, with a minimum of four hours.

9.4.3 Court appearances (a) that extend beyond the end of the employee’s last shift of the work week; (b) that occur on the employee’s regularly scheduled days off; or (c) that commence two (2) or more hours preceding the employee’s first work shift of the work week, shall be paid at the overtime rate of one and one-half (1.5).
times the employee’s regular rate of pay for all court appearance hours worked, with a minimum of four (4) hours.

9.4.4 When a court appearance, which has been scheduled to occur on the employee’s time off, is cancelled and less than six (6) hours notice of the cancellation is given, the employee shall be paid three hours at the employee’s applicable overtime rate.

Personal contact or a message left on the employee’s department voicemail, is considered adequate notice.

9.4.5 Where multiple court appearances are scheduled during an employee’s time off, the employee shall be paid (a) a minimum of four (4) hours at the employee’s overtime rate for the first court appearance and a minimum of one (1) hour at the employee’s overtime rate for the second court appearance when the second court appearance is scheduled to begin two (2) or more but less than three (3) hours after the scheduled start of the first appearance; or (b) a minimum of four (4) hours at the employee’s overtime rate for the first court appearance and a minimum of two (2) hours at the employee’s overtime rate for the second court appearance when the second court appearance is scheduled to begin three (3) or more but less than four (4) hours after the start of the first scheduled appearance.

Court appearance premium is summarized below:

Minimum Hours Paid at Overtime
Hours Between Scheduled Start Times 1st Appearance 2nd Appearance At least 2 but less than 3 hours 3 hours 1 hour
3 or more but less than 4 hours 4 hours 2 hours
If the actual time spent at a second court appearance exceeds time specified on the above chart, the employee will be paid at an overtime rate from the scheduled appearance time of the second appearance until the conclusion of that court appearance. The employee will receive the above prescribed minimum for the first appearance.

A second court appearance which is scheduled four (4) or more hours after the start of the first appearance shall be paid at overtime rates for a minimum for

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16 four (4) hours.

9.4.6 Pre-trial conferences called by the District Attorney shall be considered court appearances only if attendance at the pre-trial conference has been approved in advance by the employee’s Division Commander.

9.4.7 No court appearance premium guarantee shall apply to an employee for court appearances that occur on the second and succeeding consecutive days of sick leave or job injury leave on otherwise regularly scheduled work days.

9.4.8 No court appearance premium shall be paid for court “standby” hours when an employee elects standby status in lieu of being physically present in court.

10. Special Compensation

10.1 Shift Differentials
The City shall pay shift differential when an employee is scheduled to work a “Swing,” “Overlap” or “Graveyard” shift, or when the employee is called back to work by the Department. When an employee is “held over” into another shift and that shift is one in which differential pay is paid, the employee shall be paid differential pay only when the employee has worked more than three (3) hours into a ten (10) hour shift or four (4) hours into a twelve (12) hour shift.

Differential pay is paid as follows:

10.1.1 An additional three percent (3%) of base pay for regular straight time hours worked on the shifts designated as “Swings 1” and “Swings 2,” and for other designated assignments.

10.1.2 An additional five percent (5%) of base pay for regular straight time hours worked on shifts designated as “Overlap 1” and “Overlap 2.”

10.1.3 An additional eight percent (8%) of base pay for regular straight time hours worked on shifts designated as “Graveyard 1” and “Graveyard 2.”

10.1.4 Except for the limited purpose of reporting income to PERS for retirement, shift differential will not be included in the calculation of any other benefits provided under this MOU.

10.1.5 The shift differential applies only to actual hours worked during the shift differential periods and within the “hold over” time periods delineated in this section, as well as any required Departmental training assignments worked off shift.

10.1.6 The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Shift Differential.

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17 10.2 Bilingual Pay

10.2.1 Employees who have been certified as fluent in a designated foreign language and who occupy positions where the frequency of need and of use of the language is a reoccurring benefit to the City shall be paid an additional two hundred and fifty dollars ($250.00) per month.

10.2.2 Those members that have been certified prior to the signing of this Agreement shall be deemed certified.

10.2.3 The parties agree that the Chief of Police or designee shall meet with the POA to establish bilingual certification procedures. Such certification procedures shall be agreed upon within 12-months of the date of adoption of this Agreement by Council.

10.2.4 The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Bilingual Premium.

10.3 Corporal Pay

10.3.1 Corporals will routinely and consistently lead or supervise other Police Officers and non-sworn staff as directed.

10.3.2 An additional five percent (5%) of base pay per hour for all paid work hours and all paid time off shall be paid to an employee in a Police Officer position assigned as a corporal.

10.3.3 Corporal pay shall not be considered for purposes of long term disability or life insurance.

10.3.4 The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Lead Worker/Supervisor Premium.

10.4 Longevity/Retention Pay

10.4.1 Bargaining unit members with at least eighteen (18) years of sworn service, of which a minimum of nine (9) years must be as a sworn member of the Concord Police Department, shall be entitled to Longevity Pay equal to 5% of base pay. Effective the first full pay period after July 1, 2026, as part of the City’s transition out of the Master Officer/Sergeant Program, the City shall no longer pay longevity pay pursuant to this section 10.4.1.

10.4.2 Effective the first full pay period after July 1, 2026, as part of the City’s transition out of the Master Officer/Sergeant Program, the following provisions shall go into effect:

10.4.2.1 Bargaining unit members with at least six (6) years as a sworn member of the Concord Police Department shall be

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18 entitled to longevity/retention pay equal to two and one half percent (2.5%) of base pay.

10.4.2.2 Bargaining unit members with at least ten (10) years of sworn service, of which a minimum of (6) years must be as a sworn member of the Concord Police Department, shall be entitled to an additional two and one half percent (2.5%) longevity / retention pay, for a total longevity / retention pay of five percent (5%) of base pay.

10.4.2.3 Bargaining unit members with at least fourteen (14) years of sworn service, of which a minimum of (6) years must be as a sworn member of the Concord Police Department, shall be entitled to an additional five percent (5%) longevity / retention pay, for a total longevity / retention pay of ten percent (10%) of base pay.

10.4.2.4 Bargaining unit members with at least eighteen (18) years of sworn service, of which a minimum of (6) years must be as a sworn member of the Concord Police Department, shall be entitled to an additional five percent (5%) longevity / retention pay, for a total longevity / retention pay of fifteen percent (15%) of base pay.

10.4.3 The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(1) and Section 571.1(b)(1) as Longevity Incentive Pay.

10.5 Other Special Assignment Pay – Various Technical Assignments

10.5.1 Technical assignments are made at the discretion of the Chief of Police.

Police Officers assigned to and satisfactorily performing work in their first technical assignment shall receive an additional three percent (3%) of base pay.

10.5.2 Police Officers who have satisfactorily completed one (1) technical assignment for a minimum of one (1) year shall receive an additional five percent (5%) of base pay when assigned to and satisfactorily performing work in a second and different technical assignment.

10.5.3 The following assignments are eligible for additional compensation under this section: The parties agree Special Assignment Pay is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) – Special Assignment Pay.

10.5.3.1 Detective. Police officers who are routinely and consistently assigned to a detective or investigative division or intelligence duties.

Detective assignments in different units will be considered separate technical assignments for purposes of 10.5.1 and 10.5.2 above and qualifying for Master Police Officer.

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19 10.5.3.2 Canine. Police Officers assigned to routinely and consistently handle, train and board a police canine.

10.5.3.3 Community Impact Unit Officer. Police Officers who are routinely and consistently assigned to function as a liaison between special persons, community groups and the police department.

10.5.3.4 Traffic (Motorcycle) Officer. Police Officers who are routinely and consistently assigned to operate and/or patrol on motorcycle.

10.5.3.5 Traffic Investigator. Police Officers who are routinely and consistently assigned to investigate traffic collisions.

10.5.3.6 Special Enforcement Team. Police Officers who are routinely and consistently assigned to street level drug enforcement.

10.5.3.7 Mental Health Evaluation Team (MHET) Liaison Officer.

Police Officers who are routinely and consistently assigned to function as a liaison between special persons, mental health providers, the courts and the police department.

10.5.3.8 Administrative Services Officer. Police Officers who are routinely and consistently assigned to police administration to provide support for the chief of police and command staff in the operation of the police department, including with information technology needs.

10.5.3.9 Public Information Officer. Police Officers assigned to function as a liaison between community groups, the media and the police department.

10.5.3.10 DARE Officer. Police Officers who are routinely and consistently assigned to provide training to students on drug abuse resistance.

10.5.3.11 School Resource Officer. Police Officers who are routinely and consistently assigned to enforce laws that restrict the activities of juveniles.

10.5.3.12 Crime Scene Investigator. Police Officers who are routinely and consistently assigned to analyze and explore a crime scene. This section does not apply to Patrol Back-up CSI Officers.

10.5.3.13 Foot Patrol / Downtown Beat. Police Officers who are assigned to function as a liaison between special persons, groups or courts and the police department in the downtown or other specific area.

10.5.4 Special Assignment Pay shall be provided as follows:

10.5.4.1 Special assignment pay shall be limited to employees

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20 assigned to positions in the Police Officer classification.

10.5.4.2 Special assignment pay shall apply only for the actual period of time that the employee is regularly assigned to perform as outlined above;

10.5.4.3 Special assignment pay shall be paid for non-worked time, such as holidays, sick leave, vacation, or other paid leave provided that the employee is in a work status for a minimum of four (4) hours in the pay period in which the differential is earned;

10.5.4.4 Special assignment pay shall not be considered for purposes of long term disability, or life insurance.

10.6 S.W.A.T. Pay

10.6.1 Officers and Sergeants assigned to the SWAT team shall receive an additional three percent (3%) of base pay while on active status as a SWAT team member in full compliance with the requirements and criteria set forth in Concord Police Department General Order 45. These requirements include the ability to qualify with firearms at a level higher than that required as a Police Officer.

10.6.2 SWAT pay shall be paid for non-worked time, such as holidays, sick leave, vacation, or other paid leave provided that the employee is in a work status for a minimum of four (4) hours in the pay period in which the differential is earned;

10.6.3 The parties agree this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(1) and 571.1 (b)(1).

10.7 Field/Police Training Officer Pay
A Police Officer assigned as a Field/Police Training Officer (FTO/PTO) will be paid an additional five percent (5%) of base pay. FTO/PTO will be paid as follows:

10.7.1 FTO/PTO pay shall be limited to employees in the Police Officer classification.

10.7.2 FTO/PTO pay shall only apply for the actual period of time that the employee is regularly assigned to FTO/PTO duties;

10.7.3 FTO/PTO pay shall not be paid for non-worked time such as holidays, sick leave, vacation, or other paid or unpaid leave;

10.7.4 FTO/PTO pay shall not be considered for Long Term Disability or Life Insurance;

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Concord City CouncilJune 9, 2026

Concord City Council
June 9, 2026