Concord City Council
June 23, 2026

1 COUNCILMEMBERS
Laura M. Nakamura, Mayor
Dominic D. Aliano, Vice Mayor
Pablo Benavente
Laura M. Hoffmeister
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Local Reuse Authority
Tuesday
June 23, 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/88165828100?pwd=4n4g-iRZH6CkX7gfpaQ- DJsITiwWwQ.zPoFpipQZtktX1yz or Zoom Webinar ID: 881 6582 8100 and Passcode:
767026
b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

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

1. distributed to the Council before the meeting,

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

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

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

OPEN SESSION

1. OPENING
Roll Call - Councilmember Announcements of "Just Cause" Remote Participation
Pledge of Allegiance - Councilmember Benavente

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

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

3. PRESENTATIONS
a. Presentation – to Yulie Padmore, Executive Director, Port Chicago Alliance, commemorating the 80th Anniversary of the desegregation of the United States Navy. Presentation by Mayor Nakamura.
b. Presentation – by Johnny Rodriguez, Executive Director, One Day at a Time, providing an update on the One Day at a Time program. Introduction by Mayor Nakamura.
c. Presentation – of Business Recognition Awards to Min's Kitchen, Just Trains, and The Moulding Company. Overview of program and introduction of recipients by Melissa Rea, Economic Development Manager. Presentation by

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 Kevin Cabral, President/CEO, Greater Concord Chamber of Commerce.

Introduction by Mayor Nakamura.

4. ANNOUNCEMENTS
a. Announcing – a recruitment to fill five positions on the Commission on Aging; four positions for the remainder of four-year terms ending June 30, 2027, and one position for the remainder of a four-year term ending June 30, 2029; and setting a deadline of Friday, July 24, 2026, at 5 p.m. for receipt of applications to the City Clerk. Recommended by the City Clerk.

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

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – approval of minutes from the June 9, 2026, Regular Meeting and June 11, 2026, Special Meeting. Recommended by the City Clerk. b. Considering – approval of the Sixth Amendment to Professional Services Agreement No. 3328 for financial, accounting, and administrative services with Robert Half Inc. in the amount of $95,000 for a not-to-exceed amount of $625,000 for the term of the agreement, extending the agreement for one (1) year, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Information Technology CIP Fund) Recommended by the Director of Finance.
c. Considering – the following actions in relation to Oak Grove Fiber (Project No. 2781), which will install fiber optic communication infrastructure on Oak Grove Road from Monument Boulevard to Ygnacio Valley High School:

1. Award of a Construction Contract in the amount of $947,000 to St.

Francis Electric, LLC and a 20% project contingency for contract change orders; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (PEG Fee, Measure J 28(a), and Measure V Funds); and

2. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2781 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), 15378, 15301, 15302, 15304, 15378, and/or Public Resources Code Section 21065.
5 d. Considering – approval of a First Amendment to Professional Services Agreement No. CCA-6157 with 3Di, Inc. for an additional $10,000 for Fiscal Year (FY) 2025-2026, bringing the total not-to-exceed amount for FY 25-26 to $90,000, and the six-year contract total through FY 28-29 to $498,000, for the software platform to manage the City’s Rent Registry Program; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Community Development.

CEQA: Not a project/exempt per Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b), 15273, and/or 15378. e. Considering – adoption of a Resolution calling for and ordering a General Municipal Election and Specifications of the Election Order for the purpose of electing a total of three members of the City Council to seats in Districts 1, 3, and 5, one member for each district, and the City Treasurer, each for full terms of four years, and requesting and consenting to the consolidation of said General Municipal Election with the General Election to be held on November 3, 2026. Recommended by the City Clerk.
f. Considering – approval of seven agreements involving annual license, maintenance, purchase and support for Information Technology systems in the total not-to-exceed amount of $1,748,590 for the 2026-27 Fiscal Year; and authorizing the Director of Information Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Information Technology.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. g. Considering – the following actions for the Newhall Park Water Quality Improvement Project (Project No. 2353), which will dredge accumulated sediment at two ponds in Newhall Park:

1. Award of a Construction Contract in the amount of $2,846,101 to MidCal Dredging, Inc.; and a 10% project contingency for contract change orders; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Measure V, Stormwater, and General Funds);

2. Approve budget transfers and appropriate $2,150,000 from various projects to this project to fully fund construction; and

3. Authorize the City Engineer to accept the improvements upon completion and direct the City Clerk to file a Notice of Completion.

Recommended by the Director of Community Development.
6 CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
h. Considering – adoption of a Resolution accepting and appropriating funding from Contra Costa Health Services in the amount of $590,450 for the Concord Police Department’s participation in a joint outreach program for Mental Health Evaluation Team (MHET) Services, approving an Interagency Agreement with Contra Costa County Health Services and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Chief of Police.

CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c), 15061(b), 15273, and/or 15378 including subsection (b)(4).
i. Considering – adoption of a Resolution approving the Final Map for Subdivision 9434, Walnut Grove (Assessor's Parcel Number 147-251-017).

Recommended by the Director of Community Development.

CEQA: Previously determined to be categorically exempt pursuant to CEQA Guidelines Section 15332 “In-fill Development Projects” and is not a project pursuant to Public Resources Code 21083.3 and CEQA Guidelines Section 15268(b)(3).
j. Considering – adoption of (1) a Resolution Declaring 1,000 Square Feet of Right of Way at the Southern End of Helena Drive (the “Exempt Surplus Property”) to be Exempt Surplus Land Pursuant to Government Code Section 54221(f)(1)(E) and taking related actions, including executing a quitclaim to transfer any ownership and maintenance obligations in the Exempt Surplus Property to the new development; and (2) a Resolution approving the Final Map for Subdivision 9676, Alcott Village (Assessor's Parcel Number 117-120- 077) and vacation and dedication of a portion of Helena Drive.

Recommended by the Director of Community Development.

CEQA: Previously determined to be consistent with the General Plan and zoning, pursuant to Public Resources Code 21083.3 and CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning) and not a project pursuant to CEQA Guidelines Section 15268(b)(3). k. Considering – adoption of a Resolution approving the street name "Tappin Loop" for Alcott Village Subdivision, Subdivision No. 9676 located at 5291 Concord Boulevard. Recommended by the Director of Community Development.
7 CEQA: Previously determined to be consistent with the General Plan and zoning, pursuant to Public Resources Code 21083.3 and CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning) and not a project/exempt under Public Resources Code 21065, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15378, and/or 15061(b)(3).

6. 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 – adoption of a Resolution accepting the Concord Tourism Improvement District's 2024-2025 Annual Report. Report by Guy Bjerke, Director of Economic Development and Base Reuse.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15273, 15378 and/or Public Resources Code Section 21065. b. Considering – approval of a First Amendment to the Homeless Strategic Plan Grant Agreement with Hope Solutions and authorizing the City Manager to execute an amendment in a form acceptable to the City Attorney; and considering a request from Valley Motel to waive or defer payment of a $123,662 Park Land Fee for conversion of the Valley Motel into 13 permanent rental housing units at 3590 Clayton Road. Report by Frank Abejo, Principal Planner.

CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), and/or 15378. In the alternative, categorically exempt under CEQA Guidelines Sections 15301 and 15303.
c. Considering – the following actions to recruit and retain qualified employees:

1. Adopting 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 Administrative, Technical & Clerical Representation Unit Public Employees’ Union and the Field & Operations Representation Unit Public Employees’ Union, Teamsters Local 856, for the period of July 1, 2026, through June 30, 2029, and authorizing budget appropriations of $220,324 in Fiscal Year 2026-27; and

2. Adopting 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 Office and Professional Employees International Union Local 29 for the period of July 1, 2026, through June 30, 2029, and authorizing budget 8 appropriations of $81,052 is Fiscal Year 2026-27. 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 15016(b)(2), 15061(b)(3), 15273, and/or 15378(b)(4).
d. Considering – the following actions to recruit and retain qualified employees:

1. Adopting a Resolution approving the following base wage increases for unrepresented employees and the City Attorney: 3% effective the first pay period after July 1, 2026, 3% effective the first pay period after July 1, 2027, and 3% effective the first pay period after July 1, 2028, and approving adjustments to payment of healthcare premiums for Confidential employees, and authorizing budget appropriations of $165,145 in Fiscal Year 2026-27;

2. Adopting a Resolution amending Policy and Procedure No. 37.15, Administrative Leave, to create a 24-hour Chief’s Holiday Administrative Leave Bank and other non-substantive changes to reflect current practice and procedure; and

3. Adopting a Resolution approving the City of Concord’s Salary Schedule effective July 1, 2026, in accordance with the California Public Employees’ Retirement System for a publicly available pay schedule. (General Fund) 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 15016(b)(2), 15061(b)(3), 15273, and/or 15378(b)(4).

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

8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
a Announcing – the Mayor’s appointment of two Councilmembers to serve on a Council Ad Hoc Committee established to evaluate the feasibility of expanding, relocating, or replacing the City's library. The Ad-Hoc Committee will exist until final recommendations are made to 9 the full Council or until June 2027, whichever is sooner. Report by Mayor Nakamura.

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

9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 7/28/2026 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.

Empowering Youth and Adults to Live Positive Lifestyles

ONE DAY AT A TIME

3.b

Our Mission
❏ Respect
❏ Understanding
❏ Growth
❏ Equity
❏ Dedication / Perseverance
A world where youth
are safe, connected,
empowered, inspired,
and heard
One Day at a Time provides Latinx youth and young adults of color with Hope, Support, Healing and Opportunity to realize their strengths, their self-worth, and their power.

Our Vision Our Values

ONE DAY AT A TIME

Our Programs
School Based Program: the key to ODAT’s success is its unwavering commitment to building positive relationships and trust. Every aspect of the program focuses on this as a core value. So whether there is a straight- A student who has trouble with confidence, a student that is having difficulty with peer pressure, to a student making poor choices and getting into trouble or a combination of these; our goal is to build trusting relationships and expose youth to positive mentors, adults, and experiences that will better equip them to make positive choices while also giving them a place to feel safe and vulnerable. This ultimately leads to better academic performance.

Beyond Violence: is to provide direct intervention and prevention support to qualifying victims of violence and promote positive alternatives to reduce violence, retaliation, re-injury and arrest within East Contra Costa County. ODAT provides long term case coordination, linkages to community services, home visits and follow up assistance.

Youth Expression Project: enhancing youths’ communications abilities through art, developing an understanding of their thoughts on issues impacting them, and providing their voices with a community-wide platform from which to be heard

ODAT At Ygnacio Valley
Group:
◼ Start date: August 18, 2025
◼ First group: October 23, 2025
◼ We are on campus 2 times a week
◼ Orientation:
▪ Date: October 14, 2025
◼ We hold group meetings once a
week
▪ Students get released at 2:20pm
▪ Group start 2:30 pm -3:30 pm
▪ Students are excused from there
fifth period class 20 minutes
early to be able to attend

Graduation
The graduation ceremony at the end of the nine-month ODAT program celebrates student achievements and personal growth. By inviting families, school staff, ODAT staff, and community supporters, we create an inclusive atmosphere that recognizes the collective effort behind each student's success. The event features a shared dinner, fostering community connections, and includes speeches from our Executive Director, as well as reflections from students and parents on their journeys. This gathering honors our students’ hard work and emphasizes the importance of support systems in education. By showcasing their accomplishments, we empower students and inspire the community, highlighting the ODAT program’s impact on their lives and future endeavors. Such events cultivate a culture of recognition and motivation within our educational community.

To graduate from our program, students must accumulate a total of 1,000 points. Points can be earned by:
◼ Maintaining attendance in school and at group
◼ Maintaining passing grades
◼ Improvement in discipline
◼ Actively participating in our events and activities

Water Rafting & Camping
◼ End-of-Year Trip: Graduating students from our nine-month program have the opportunity to participate in a memorable trip with ODAT.
◼ Camping at Camp Lotus: This past year, students enjoyed a three-day camping experience, completely unplugged from technology.
◼ Self-Sufficiency: Students took responsibility for setting up tents, assisting with cooking, and sharing stories around the campfire. ◼ Connection with Nature: The trip provided a chance to relax outdoors, fostering a sense of calm and disconnection from daily stressors.
◼ White Water Rafting: On the second day, students faced their fears with their first-time rafting experience, promoting courage and teamwork.
◼ Building Relationships: By the end of the trip, students formed lasting friendships and connections with peers they had never met before.

Cinco De Mayo
◼ Student-Led Cinco de Mayo Event: Selected students
led committees to organize the first Latino culture
representation event at the school.
◼ Preparation and Planning: Two months of planning
involved mapping out logistics and coordinating with
vendors.
◼ Resource Offerings: Provided valuable resources,
including representatives from John Muir, Clínica de la Raza, unions,etc. and free haircuts.
◼ Cultural Entertainment: Featured performances by
Aztec dancers, Ballet Folklórico, and a Banda,
celebrating Latino heritage.
◼ Community Engagement: The event attracted city
officials and school board members, fostering
community participation and support.

Extra-Curricular Activities & Field Trips
The following are educational events, field trips and extra-curricular activities that were provided by ODAT during the 2023-2024 school year to participating ODAT students. We offer these types of activities with help and funding from community partners, foundations, generous donors and through fundraising done by ODAT youth, staff and volunteers. ODAT students have the opportunity to participate in field trips and volunteer at various events throughout the year. These fieldtrips and events encompass educational experiences, but also provide for healthy recreational opportunities. The volunteer events help ODAT youth learn empathy and also meet other community members. The fieldtrips are very pivotal to the progress of the program because they allow for the opportunity to expose the youth to new environments which allow them to grow on a personal level. Additionally, these trips are a unique bonding experiences for ODAT youth and staff. ◼ Los Gatos Wrestling Event.
◼ UC Davis, Cesar Chavez Conference
◼ Easter Egg Community Event
◼ Tesla Fremont Factory
◼ Cinco De Mayo
◼ Water Rafting & Camping
◼ ODAT Graduation
2023-2024
◼ Los Gatos Wrestling Event.
◼ UC Davis, Cesar Chavez Conference
◼ Cinco De Mayo
◼ Water Rafting & Camping
◼ Community Luncheon
2024-2025

Program Effectiveness
Total YVHS ODAT Participants
Category Number of Group Sessions Attended Number of participants Full Participant 19 or more sessions 40
Partial Participant 11-18 sessions 7
Minimal Participant 10 or less sessions 2
Participation 2023-2024
Group participants have been categorized into 3 groups based on the number of group sessions attended; full, partial and minimal participants. Parameters for participants are defined in the table below. There was a total of 49 YVHS students that attended group at least once throughout the year and 27 group sessions took place throughout the 2023- 2024 school year.

Participation 2024-2025
Group participants have been categorized into 3 groups based on the number of group sessions attended; full, partial and minimal participants. Parameters for participants are defined in the table below. There was a total of 54 YVHS students that attended group at least once throughout the year and 27 group sessions took place throughout the 2024- 2025 school year.

Total YVHS ODAT Participants
Category Number of Group Sessions Attended Number of participants Full Participant 19 or more sessions 40
Partial Participant 11-18 sessions 10
Minimal Participant 10 or less sessions 4

Demographics
The following information was given to us by the students through a questionnaire they filled out at the beginning of the 2024-2025 school year.

Demographics
The following information was given to us by the students through a questionnaire they filled out at the beginning of the 2024-2025 school year.

Youth Testimonies

For More Information
Johnny Rodriguez
Executive Director & Founder
925-437-3574
[email protected]
Odat Youth Empowerment@onedayatatime_ec
odatec.org
Donate Here

Staff Report
Date: June 23, 2026
To: City Council
From: Joelle Fockler, MMC, City Clerk
Prepared by: Monique Robinson, Deputy City Clerk
[email protected]
(925) 671-3295
Subject: Announcing a recruitment to fill five positions on the Commission on Aging; four positions for the remainder of four-year terms ending June 30, 2027, and one position for the remainder of a four-year term ending June 30, 2029; and setting a deadline of Friday, July 24, 2026, at 5 p.m. for receipt of applications to the City Clerk.

Report in Brief
In accordance with Policy and Procedure No. 89, this announcement initiates a recruitment to fill five positions on the Commission on Aging; four positions for the remainder of four-year terms ending June 30, 2027, and one position for the remainder of a four-year term ending June 30, 2029; and setting a deadline of Friday, July 24, 2026, at 5 p.m. for receipt of applications to the City Clerk.

Recommended Action
Announce a recruitment to fill five positions on the Commission on Aging; four positions for the remainder of four-year terms ending June 30, 2027, and one position for a four- year term ending June 30, 2029; and setting a deadline of Friday, July 24, 2026, at 5 p.m. for receipt of applications to the City Clerk.

Applications will be on the City’s website beginning Wednesday, June 24, 2026.

Background
The Commission on Aging is composed of up to eleven members serving four-year terms. Members must be residents of Concord holding no other municipal office in the City of Concord. At least 51% of the members shall be over the age of 60. Examples of

4.a4.a

City Council Agenda Report
Agenda No. 4.a
June 23, 2026
duties include: identify, improve, and develop services and opportunities for senior citizens in Concord; acting as a resource to all City boards and commissions on issues affecting seniors; serve on the Contra Costa Advisory Council of Aging subcommittees to identify the unmet needs of senior citizens and evaluate the effectiveness of existing programs and laws; develop an annual work program, and establish short and long-term goals in order of priority.

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

Attachment

1. Concord Municipal Code Chapter 2.20, Commission on Aging

COMMISSION ON AGING
Chapter 2.20

2.20.090 Established; membership; compensation of members.

There is hereby created a Commission on Aging which shall consist of not more than 11 voting members to be appointed by the City Council. Members of the Commission on Aging shall be residents of the city. At least 51 percent of the membership shall be over the age of 60 years. The basis and the amount of any compensation which may be paid to the members of the Commission on Aging shall be determined by resolution of the City Council. (Code 1965, § 2453; Code 2002, § 2-321. Ord. No. 91-1; Ord. No. 92-19)

2.20.100 Purpose and intent.
(a) The city desires to act as a line of communication between its senior citizen population, public and private organizations, and other advisory bodies to assure that government action is responsive to the needs of older persons.
(b) There is a need to establish a visible and officially responsible body within the city to:
(1) Encourage county and state agencies to identify unmet needs of older persons and available resources by providing a means for citywide planning in coordination of individuals and groups interested in improving and developing services and opportunities for senior citizens.
(2) Plan, promote, and recommend changes to the existing programs and laws that have a direct bearing on the dignity, freedom, and security of older persons to independently manage their own lives.
(3) Enlist the participation of community groups and individuals in implementing actions which improve resources.
(Code 1965, § 2454; Code 2002, § 2-322. Ord. No. 91-1)

2.20.110 Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a Attachment 1

staggered term structure. Any member who absents himself from three meetings of the Commission on Aging within a fiscal year without being excused will be deemed to have resigned from his appointment, and the City Council may appoint a new member to serve in place of the resigned member.
(Code 1965, § 2455; Code 2002, § 2-323. Ord. No. 91-1; Ord. No. 10-2; Ord. No. 15-3, § 2)

2.20.120 Rules of procedure; designation of committees and task forces.

The Commission on Aging shall adopt rules of procedure on the conduct of its business and may designate ad hoc committees and ad hoc task forces composed of its membership. (Code 1965, § 2456; Code 2002, § 2-324. Ord. No. 91-1)

2.20.130 Vacancies.

All vacancies occurring on the Commission on Aging shall be filled according to the method of their original selection and the new member shall serve at the pleasure of the City Council for the unexpired term of their respective predecessors.
(Code 1965, § 2457; Code 2002, § 2-325. Ord. No. 91-1)

2.20.140 Powers and responsibilities.

The Commission on Aging shall have the responsibility of carrying out the following functions:
(1) Attend and participate in the county Advisory Council on Aging subcommittees to identify the unmet needs of older persons and evaluate the effectiveness of existing programs and laws.
(2) Act as a resource to all city boards and commissions. The Commission on Aging members will attend the meetings of those boards and commissions as needed. (3) Develop an annual work program establishing short- And long-term goals in order of priority which will be effective upon approval of the City Council. (4) Such other functions that the City Council may, from time to time, designate. (Code 1965, § 2458; Code 2002, § 2-326. Ord. No. 91-1)

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JUNE 9, 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, June 9, 2026, with Mayor Nakamura presiding. The pledge of allegiance was led by Vice Mayor Aliano. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Pablo Benavente, Laura Hoffmeister (arrived at 6:49 p.m.), Carlyn Obringer, Laura Nakamura STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Joelle Fockler, City Clerk; Jeffrey Lara, Administrative Secretary; Greg Taylor, Director of Information Technology; Margaret O’Brien, Director of Finance; Kit Jory, Director of Public Works; Mindy Gentry, Director of Community Development; Mark
Bustillos, Chief of Police; Jasmin Loi, Director of Human Resources; James Nakayama, Police Captain; Lisa Agustin, Budget and Treasury Officer; Colleen Awad, Community
Relations Manager; Mark Love, Human Resources Manager;
Aaron Sage, Planning Manager; Sophia Huckabay, Housing
Manager; Carlton Thompson, City Engineer; Bruce Davis, Senior Civil Engineer; Kylie Hicks-Carrera, Budget Analyst; Kelly Rush, Principal Housing Program Analyst; Deyuanne Lei, Associate Civil Engineer; William Wahbeh, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Peter C. Bennett, Concord

PUBLIC COMMENT PERIOD
Peter C. Bennett, Concord, spoke of witnesses to murders.

PRESENTATIONS
CONCORD HISTORICAL SOCIETY – Presenting the City with a Check from Fundraising for the Don Fernando Pacheco Adobe Renovation Project
No public comment was received.

UPDATE ON THE BEHAVIORAL HEALTH WELLNESS CAMPUS – 1034 Oak Grove Road Public comment provided by Peter Bennett, Concord.

RETIREMENT OF CITY MANAGER VALERIE BARONE
Public comment provided by Peter Bennett, Concord.

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City Council Minutes June 9, 2026
2 CITY COUNCIL CONSENT CALENDAR
No public comment was received.

APPROVE MINUTES – May 26, 2026, Special and Regular Meetings A motion was made by Benavente and seconded by Hoffmeister to approve the minutes from the May 26, 2026, Special and Regular Meetings. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 26-35 – Accepting and Appropriating Grant Funding from Edward Byrne Memorial Justice Assistance Grant (JAG) Program
A motion was made by Benavente and seconded by Hoffmeister to adopt Resolution No. 26-35 entitled, “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.” The motion passed by unanimous vote of the Council.

AWARD CONSTRUCTION CONTRACT AND ACCEPT IMPROVEMENTS – Clayton Valley Highlands Sanitary Sewer Repairs Project (Project No. 2729)
A motion was made by Benavente and seconded by Hoffmeister to:

1. Award a Construction Contract in the not-to-exceed amount of $440,232 to A3 Pipeline, authorize 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, and

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.

The motion passed by unanimous vote of the Council
ADOPT RESOLUTION NO. 26-36 – Approving an Amended and Related Contra Costa Clean Water Program Agreement
A motion was made by Benavente and seconded by Hoffmeister to adopt Resolution No. 26-36 entitled, “A Resolution Approving an Amended and Restated Contra Costa Clean Water Program Agreement.” The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 26-37 – Approving an Inspection Activities Agreement with Central Contra Costa Sanitary District and Contra Costa Flood Control & Water Conservation District A motion was made by Benavente and seconded by Hoffmeister to adopt Resolution No. 26-37 entitled, “A Resolution Approving an Inspection Activities Agreement with the Central Contra Costa Sanitary District and the Contra Costa Flood Control and Water Conservation District for Inspection Services of Certain Industrial and Commercial Businesses in Accordance with the Municipal Regional Permit.” The motion passed by unanimous vote of the Council.

APPROVE AMENDMENT TO SERVICE AGREEMENT – Sedgwick Claims Management Services This item was pulled from consideration on the Consent Calendar by Concord resident Peter Bennett.

A motion was made by Obringer and seconded by Aliano to approve an amendment to the current services agreement with Sedwick Claims Management Services for three years in the amount of

City Council Minutes June 9, 2026
3 $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; appropriate $15,196 from the Workers Compensation Fund; 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
ADOPT RESOLUTION NO. 26-6042.2 – Amending Exhibit A to Resolution No. 78-6042 Establishing Fees and Charges for Various Municipal Services to update Planning Division Fees A motion was made by Benavente and seconded by Hoffmeister to adopt Resolution No. 26- 6042.2 entitled, “A Resolution Amending Exhibit A to Resolution No. 78-6042 (Establishing Fees and Charges for Various Municipal Services in the City of Concord).” The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEMS
ADOPT RESOLUTION NOS. 26-4735.3 AND 26-4735.2 - Approving Three-Year Memorandums of Understanding between the City of Concord and the Concord Police Association Concord Police Manager’s Representation Unit.

Mark Love, Human Resources Manager, presented the staff report.

Public comment was provided by Pete Bennett.

A motion was made by Aliano and seconded by Hoffmeister to adopt Resolution No. 26-4735.3 entitled, “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” and Adopt Resolution No. 26-4735.4 entitled, “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 July 1, 2026, through June 30, 2029.” The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 26-38 – Amending Policy and Procedure No. 2 and Establishing Procedures for Responding to Disruptions during City Council Meetings City Clerk Joelle Fockler presented the staff report.

Public comment was provided by Peter Bennett.

A motion was made by Obringer and seconded by Hoffmeister to adopt Resolution No. 26-38 entitled, “A Resolution Amending Policy and Procedure No. 2 and Establishing Procedures for Responding to Disruptions during City Council Meetings in Accordance with Senate Bill 707 and Other Non-Substantive Changes to Reflect Current Practice and Procedure.” The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARINGS
ADOPT RESOLUTION NO. 26-39 – Two-Year Capital Budget for Fiscal Years (FY) 2027and 2028 and Five-Year Capital Improvement Plan FYs2027-2031
Senior Civil Engineer Bruce Davis presented the staff report.

City Council Minutes June 9, 2026
4 Public comment was provided by Peter Bennett.

A motion was made by Benavente and seconded by Obringer to adopt Resolution No. 26-39 entitled, “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.” The motion passed by unanimous vote of the Council.

ADOPTION OF THE MID-CYCLE BUDGET FOR FISCAL YEARS 2025-26 AND 2026-27 Director of Finance Margaret O’Brien and Budget and Treasury Officer Lisa Agustin presented the staff report.

Public comment was provided by Peter Bennett.

A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 26-40 entitled, “A Resolution Amending the Fiscal Year 2026-27 Municipal Budget,” Resolution No. 26-41 entitled, “A Resolution Establishing the Appropriation Limit for the City of Concord for Fiscal Year 2026-27 Pursuant to California Constitution Article XIII B,” and Policy and Procedure No. 184, City of Concord Investment Policy. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 26-42 – Approving Collection of Rent Registry Fees Pursuant to City of Concord’s Residential Tenant Protection Program (Concord Municipal Code Chapter 19.40 Principal Housing Program Analyst Kelly Rush presented the staff report.

Public comment was provided by Marty Carvajal and Lisa Carvajal.

A motion was made by Obringer and seconded by Aliano to adopt Resolution No. 26-42 entitled, “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.” The motion passed by unanimous vote of the Council.

CORRESPONDENCE
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 – June 2, 2026 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
d. Agenda Item No. 2.a – Written Public Comment
e. Agenda Item No. 3.b – Oak Grove Behavioral Health Campus PowerPoint Presentation f. Agenda Item No. 5.a – Concord Police Association/Concord Police Managers’ Representation Unit Benched Staff Report
g. Agenda Item No. 5.b – Update to the Conduct of Council Meetings as Required by Senate Bill 707 PowerPoint Presentation
h. Agenda Item No. 6.a– Capital Budget Adoption FY2027 and 2028 PowerPoint Presentation i. Agenda Item No. 6.b – Mid-Cycle Budget Update PowerPoint Presentation j. Agenda Item No. 6.c – Benched Attachment 1 and Exhibit A to Attachment 1 – Resolution and Cost Accounting Report for FY 2024-25
k. Agenda Item No. 6.c – Benched Correspondence

City Council Minutes June 9, 2026
5 l. Agenda Item No. 6.c – Residential Tenant Protection Program Imposition of Liens on Properties Non-Compliant with Rent Registry Requirements 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.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 9, 2026, at 9:49 p.m. in memory of Floyd Roseberry.

LAURA M. NAKAMURA
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CONFERENCE ROOM
1950 PARKSIDE DRIVE, WING A

CONCORD, CALIFORNIA
THURSDAY, JUNE 11, 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 Thursday, June 11, 2026, with Mayor Nakamura presiding and all Councilmembers present. (Vice Mayor Aliano arrived at 5:37 p.m. and Councilmember Hoffmeister arrived at 5:41 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 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 June 11, 2026, at 6:59 p.m.

LAURA M. NAKAMURA
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Staff Report
Date: June 23, 2026
To: City Council
From: Margaret L. O'Brien, Director of Finance
Prepared by: Suzanne McDonald, Controller
[email protected]
(925) 671-3136
Subject: Considering approval of the Sixth Amendment to Professional Services Agreement No. 3328 for financial, accounting, and administrative services with Robert Half Inc. in the amount of $95,000 for a not-to-exceed amount of $625,000 for the term of the agreement, extending the agreement for one year, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Information Technology CIP Fund)
Report in Brief
Council is requested to approve a sixth amendment to the professional services agreement with Robert Half Inc. to perform essential financial, accounting, and administrative staff augmentation during the ERP Replacement Project (a backbone finance and human resource software system). This amendment will ensure timely processing in Finance’s Accounts Payable, Procurement, Payroll and Treasury functions. Council is requested to approve an increase of $95,000, for a not-to-exceed amount of $625,000, for the four-year term of the agreement.

Recommended Action
Approve the sixth amendment to professional services agreement No. 3328 for financial, accounting, and administrative services with Robert Half Inc. in the amount of $95,000 for a not-to-exceed amount of $625,000 for the term of the agreement, extending the agreement for one year, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Information Technology CIP Fund)

5.b5.b

City Council Agenda Report
Agenda Item No. 5.b
June 23, 2026
Background
On April 19, 2023, the City entered into an agreement with Robert Half Inc. to provide financial, accounting, and administrative services on a temporary basis, to support the department during several vacancies.

After these vacancies were filled, the department faced a new need for support staffing during the ERP Implementation Project.

A contract amendment is requested to continue these services until the new ERP system goes live. The contract amendment extends the term of the contract one year through June 30, 2027, for an additional $95,000, for a total contract not-to-exceed amount of $625,000.

Analysis
In December 2024, Council approved the replacement of the City’s current ERP Software System, which is the core software for Financial and Human Resources operations. Staff augmentation was included in the ERP Implementation Project budget to support City staff in delivering services during implementation.

During this project, lead staff from the Payroll, Accounts Payable, Treasury, and Procurement divisions devote a significant amount of their time participating in system development and testing meetings. Robert Half is one vendor that the City contracts with to augment staffing, ensuring timely and accurate completion of high-priority duties and to ensure the service levels to Finance customers are uninterrupted. As the project progresses through different stages, the needs for staff augmentation change in each division. This contract allows the City to contract temporary staffing services when needed during the ERP Implementation Project.

The Finance department currently has one temporary contractor from Robert Half Inc. assisting in the City’s Accounts Payable division. This person has been fully trained and brings Accounts Payable and ERP replacement knowledge to the team. The City would like to maintain this contractor through the end of the ERP Implementation Project to ensure the quality of service is maintained with least disruption to the department and to the other departments that Finance serves.

Should the Robert Half Inc. proposed amendment be accepted, this contractor can continue supporting City staff through the completion of the project. Should the Robert Half Inc. proposed amendment not be accepted, the staff augmentation will terminate on June 30, 2026.

Financial Impact
No impact to the General Fund; sufficient funds exist in the ERP Implementation Project Budget (Project #2529) to fund this contract amendment.

City Council Agenda Report
Agenda Item No. 5.b
June 23, 2026
Public Contact
The City Council Agenda was posted.

Attachment

1. Sixth Amendment to Professional Services Agreement with Robert Half Inc.

SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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28 This Sixth Amendment to Professional Services Agreement (“Sixth Amendment”) is entered into on this date, May 7, 2026, and amends the Professional Services Agreement, Agreement No. 3328, between the City of Concord (“CITY”) and Robert Half Inc. (formerly Robert Half International Inc.) (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No.3328, dated April 29, 2023 (the “Agreement”), wherein CONSULTANT agreed to provide financial, accounting, and administrative services on a temporary basis.

WHEREAS, under Section 1 “TERM” the Agreement provides that Agreement shall expire on June 30, 2024, with the option to extend the term for three additional periods of one-year upon written agreement by both parties.

WHEREAS, the Parties executed the First Amendment on June 30, 2024, to exercise the first option to extend the term to June 30, 2025.

WHEREAS, the Parties executed the Fourth Amendment on May 27, 2025, to exercise the second option to extend the term to June 30, 2026.

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

WHEREAS, the Parties desire to exercise the last option to extend the agreement for an additional one-year period and add additional compensation.

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

1. Section 1 “TERM” is hereby amended to read as follows: This Agreement shall commence on July 1, 2023 and expire on June 30, 2027.

2. The first and second sentences of Section 3 “PAYMENT” are hereby amended to read as follows:

The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses shall be at the rate and schedules agreed upon at the

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28 date of placement. However, shall in no event shall the amount CITY pays CONSULTANT exceed ninety-five thousand dollars ($95,000) for fiscal year 2026- 2027 and in no event shall the amount CITY pays the CONSULTANT exceed six hundred twenty-five thousand dollars ($625,000) for the term of this Agreement.

Notwithstanding anything to the contrary in this Agreement, CONSULTANT may at any time, in its sole discretion, discontinue performance of the services once the Not-to- Exceed Amount has been attained (even if CONSULTANT continued to provide services after the Not-to-Exceed Amount was reached).

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

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

Signatures on the following page.

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28 Dated: ___________ Robert Half, Inc.

BY: _______________________
Karen Warren, District Director
[email protected]
Dated: ___________ CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2026/2027 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $95,000. Account Code 6359500C999/6352529113-63800 Finance Director's Signature

Staff Report
Date: June 23, 2026
To: City Council
From: Mindy Gentry, Director of Community Development
Reviewed by: Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Aldrich Bautista, PE, Associate Civil Engineer [email protected]
(925) 671-3028
Subject: Considering the following actions in relation to Oak Grove Fiber (Project No. 2781), which will install fiber optic communication infrastructure on Oak Grove Road from
Monument Boulevard to Ygnacio Valley High School:

1. Award of a Construction Contract in the amount of
$947,000 to St. Francis Electric, LLC and a 20% project contingency for contract change orders; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (PEG Fee, Measure J 28(a), and Measure V Funds); and

2. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2781 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), 15378, 15301, 15302, 15304, 15378, and/or Public Resources Code Section 21065.

Report in Brief
The Oak Grove Fiber (Project No. 2781) will install fiber optic communication infrastructure on Oak Grove Road from Monument Boulevard to the Ygnacio Valley High School driveway. Project improvements include fiber optic cable, conduit, pull

5.c5.c5.c5.c5.c

City Council Agenda Report
Agenda Item No. 5.c
June 23, 2026
boxes, and equipment along with limited restorative paving, striping, and utility adjustments. The Project will have minimal impact to the recently paved roadway.

The project has been designed and competitively bid; and is at the point of construction contract award. If award is approved by the City Council, project construction is expected to begin in early August 2026 and be completed by the end of December 2026, weather permitting.

Recommended Action

1. Award a construction contract in the amount of $947,000 to St. Francis Electric, LLC for the Oak Grove Fiber (Project No. 2781) and a 20% project contingency for contract change orders; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney. (PEG Fee, Measure J 28(a), and Measure V Funds);

2. Authorize the City Engineer to accept the improvements upon completion of Project No. 2781 and direct the City Clerk to file a Notice of Completion; and

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

Background
The Oak Grove Fiber (Project) was created as part of the Two-Year Capital Budget that was approved by City Council in June 2024. Project design started in June 2025 and was completed in March 2026.

The scope of work for the Project is to install fiber optic communication system on Oak Grove from Monument Boulevard to the Ygnacio Valley High School driveway near the Walnut Creek city limits. Project improvements include fiber optic cable, conduit, pull boxes, and equipment along with limited restorative paving, striping, and utility adjustments.

The Project will have minimal impact to the recently paved roadway. A majority of the roadway has empty fiber optic conduit already installed on Oak Grove Road. The recently completed Oak Grove Pavement Rehabilitation, Phase 3 project (Project No. 2557) proactively installed fiber conduit from Treat Boulevard to Ygnacio Valley High School as part of the paving project in 2023. Sections of Oak Grove Road without conduit will be directionally bored with minimal impact to the roadway. Bore pits will be placed at strategic locations to minimize excavation and impact to the roadway.

The Project will allow traffic signals along Oak Grove Road to communicate with the City's future Traffic Management Center (TMC) and existing Advance Traffic Management System software (ATMS). The Project will also provide a connection of the recently installed fiber optic system along Treat Boulevard to communicate with the TMC. This will provide smooth progression of traffic on the Oak Grove Road and Treat Boulevard corridors via interconnected and coordinated/intelligent traffic signal timing

City Council Agenda Report
Agenda Item No. 5.c
June 23, 2026
and traffic control systems to improve air quality by reducing delay, travel time, stops, and emissions. Additionally, the project will enable live video streaming of real-time traffic conditions on Concord TV. The City currently broadcasts live traffic camera feeds from connected intersections between scheduled programming to provide residents with up-to-date traffic information.

The project includes a 20% construction contingency to address unforeseen utility conflicts during the excavation and installation of fiber optic conduits.

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 $1,300,000. Bids were opened on May 14, 2026. Eight bids were received in amounts ranging from $947,000 to $2,087,680. The basis of award for this project is the Total Bid. The lowest bid was received from St. Francis Electric, LLC (St. Francis). A summary of the three lowest bids is as follows:

Engineer's
Estimate
St. Francis
Electric LLC
Tennyson
Electric, LLC
Daleo, Inc.
$ 1,300,000.00 $ 947,000.00 $ 972,526.00 $ 1,237,050.00 St. Francis was the low bidder and submitted a responsive and responsible bid. St.

Francis has an appropriate and valid contractor’s license and satisfactory work references.

Staff completed an analysis of St. Francis’ bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, and are not on any debarred lists. St. Francis is registered with the Department of Industrial Relations as required by Senate Bill (SB) 854. Staff is recommending award of the Total Bid. St. Francis and their subcontractors have agreed to be bound to the Citywide Project Stabilization Agreement.

Should Council award this contract, project construction is expected to begin in early August 2026 and be completed by the end of December 2026, weather permitting.

Financial Impact
The current total budget for this project is $1,500,000 and is funded by PEG Fee funds (Fund 225), Measure J 28(a) funds (Fund 485), and Measure V funds (Fund 490). The PEG (Public, Educational, and Governmental) fee is revenue collected by local municipalities from cable operators and used for capital expenditures to support local access television. Measure J 28(a) funds are a specific portion of the Contra Costa County half-cent transportation sales tax revenues dedicated to localized street maintenance, road improvements, and other local transportation needs.

City Council Agenda Report
Agenda Item No. 5.c
June 23, 2026
There are sufficient funds to award the construction contract, provide for a 20% construction contingency, provide for construction management, inspection and testing services, and staff oversight.

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 contract award does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c) and 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and/or the activities consist of creation of government funding mechanisms or other government fiscal activities which do not constitute a “project”.

Even if Council action on this item did constitute a project under CEQA, it falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” In the alternative, Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves the installation of fiber optic cable and restorative paving. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council action on this item.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Summary

3. Construction Contract

Attachment 1
Project Location Map
Oak Grove Fiber – Project No. 2581
Work Area

Contact: Aldrich ext. 3362
City of Concord
Bid Sheet
PROJECT #2781 Bid Opening:

Oak Grove Fiber Project Thursday,
May 14, 2026
2:00 p.m.

Garden Conference Room
Engineer’s Estimate: 1.3 Million To be awarded:

COMPANY TOTAL BID
St. Francis Electric, LLC
975 Carden Street
San Leandro, CA 94577
DIR: 1000022208
$947,000.00
Tennyson Electric LLC
7275 National Drive Ste A2
Livermore, CA 94550
DIR: 1000013487
$963,776.00
Daleo Inc
550 E. Luchessa Ave
Gilroy, CA 95020
DIR: 1000000400
$1, 237,050.00
Bockmon & Woody Electric
1528 El Pinal Dr
Stockton, CA 94519
DIR:1000002789
$1,272,781.00
Teichert Energy & Utilities Group
8811 Kiefer Blvd
Sacramento, CA 95826
DIR: 1000064848
$1,327,630.00
Ray's Electric
411 Pendleton Way Suite B
Oakland, CA 94621
DIR: 1000005610
$1,779,628.00
HP Communication Inc.
13341 Temescal Canyon Rd
Corona, CA 92883
DIR:1000015920
$1,848,811.00
Crosstown Electrical & Data Inc
13595 12th Street
Chino, CA 91710
DIR: 1000000155
$2,087,680.00
Attachment 2
Revised to $972,526.00

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 St.

Francis Electric, LLC (“Contractor”), for work on the Oak Grove Road Fiber, City Project No. 2781 (“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 23, 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; and

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 $947,000.00 (“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 80 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

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 $350 per hour for each hour that the Contractor performs work outside the hours of work without prior approval in writing from the City).

7. Labor Code Compliance.

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

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

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

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

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

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

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

City:

Oak Grove Road Fiber Project
1950 Parkside Drive M/S 40
Concord, CA 94519
Attn: Aldrich Bautista, Associate Civil Engineer

[email protected]
Contractor:

Name: St. Francis Electric, LLC
Address: 975 Carden Street
City/State/Zip: San Leandro, CA, 94577
Phone: (510) -639-0639
Attn: Guy Smith, President
Email: [email protected]
Copy to:

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.]

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 $947,000.00
Attest: Account Code: 485-9500C99974200/485-278111574200 s/_______________________________ s/_______________________________ Joelle Fockler, City Clerk Margret O’Brien, Finance Director Date: ___________________________ Date: ___________________________ CONTRACTOR: ___________________________________________________ Saint Francis Electric, LLC
s/_______________________________ Seal:
_________________________________
Guy Smith, President
[email protected]
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Ryan Dunham, Vice President
[email protected]
Date: ____________________________
1003811, 05/31/2027, Class: A; C-10
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

From: Ezell, Justin <[email protected]>
Sent: Tuesday, June 23, 2026 2:17 PM
To: Wilverding, Jay <[email protected]>; McAuley, Wendy <[email protected]>
Cc: Fockler, Joelle <[email protected]>; Robinson, Monique <[email protected]>; Gentry, Mindy
<[email protected]>; Thompson, Carlton
<[email protected]>
Subject: RE: Question about item 5c

This email is being shared with all Councilmembers.

Councilmember Obringer,

The section of Oak Grove Road between Whitman Road and Treat Boulevard, which will experience the most impact, was last paved in 2020, before Measure V . At that time, only limited funding was available, which is why fiber conduit was not installed as part of the paving project. This segment is now beyond the five-year pavement moratorium period. The work will involve small roadway sections of approximately 6 feet by 8 feet every 500 feet impacting the shoulder near the edge of the sidewalk. All disturbed areas will be restored in accordance with City standards, with little to no effect on rideability.

The portions of roadway that were paved and slurry sealed in 2023 already have fiber conduit installed and will not be affected.

Regards,
-Justin

Justin Ezell
Assistant City Manager
City of Concord
(925) 671-3155
[email protected]
Sign up for our e-newsletter here.

Benched Correspondence
Agenda Item No. 5.c
June 23, 2026

From: Obringer, Carlyn <[email protected]> Sent: Monday, June 22, 2026 9:56 PM
To: Wilverding, Jay <[email protected]>
Cc: Ezell, Justin <[email protected]>
Subject: Question about item 5c

Good evening, Jay,
I read repeatedly in the staff report that this work will have minimal impact on the newly paved Oak Grove Road but I am still concerned. What condition will the road be restored to? And, why wasn’t this work done when the road was repaved?

Best Regards,
Carlyn

Carlyn Obringer
City Councilmember, District 2
City of Concord

To sign up for my e-newsletter, please visit www.carlynobringer.com

Staff Report
Date: June 23, 2026
To: City Council
From: Mindy Gentry, Director of Community Development
Prepared by: Sophia Huckabay, Housing Manager
[email protected]
(925) 671-3387
Subject: Considering approval of a First Amendment to Professional Services Agreement No. CCA-6157 with 3Di, Inc. for an
additional $10,000 for Fiscal Year (FY) 2025-2026, bringing the total not-to-exceed amount for FY 25-26 to $90,000, and the six-year contract total through FY 28-29 to $498,000, for the software platform to manage the City’s Rent Registry Program; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (General Fund)
CEQA: Not a project/exempt per Public Resources Code
Section 21065, CEQA Guidelines Sections 15060(c), 15061(b), 15273, and/or 15378.

Report in Brief
3Di, Inc. is the software provider that facilitates the administration and management of the City’s Rent Registry Program portal. In 2025, City Council (“Council”) adopted amendments to City Municipal Code (CMC) 19.40 Residential Tenant Protection Program1 (“Program” or “Ordinance”) that went into effect on May 22, 2025. The amendments impacted the Rent Registry Program requirements and the timeline for registration, requiring changes within the Rent Registry Program portal software. These updates to the portal require an additional $10,000 beyond the original Council- approved amount for Fiscal Year (FY) 2025-2026, bringing the total cost for the Rent Registry Program portal for the current fiscal year to $90,000. The City entered a six- 1 https://www.codepublishing.com/CA/Concord/#!/Concord19/Concord1940.html#19.40

5.d5.d

City Council Agenda Report
Agenda Item No. 5.d
June 23, 2026
year contract with 3Di that spans from FY 2024-2025 through FY 2028-2029. An additional $10,000 would bring the total contract amount to $498,000.

Recommended Action
Approve the First Amendment to Professional Services Agreement No. CCA-6157 (Attachment 1) with 3Di, Inc. for an additional $10,000 for Fiscal Year (FY) 2025-2026, bringing the total not-to-exceed amount for FY 2025-2026 to $90,000, and the six-year contract total through FY 28-29 to $498,000, for the software platform to manage the City’s Rent Registry Program; authorize the City Manager to execute the amendment in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this report.

Background
Residential Tenant Protection Program Amendments
On April 19, 2024, Ordinance No. 24-3 went into effect which amended CMC Chapter

19.40 increasing “Just Cause” eviction protections, expanding the City’s Rent Registry Program, and establishing a Rent Stabilization Program. The Rent Registry Program expanded from requiring rental multifamily complexes with four or more units to register (approximately 10,000 total rental units), to requiring rented single-family homes, condominiums, duplexes, triplexes, mobile home units and affordable housing to register in addition to multifamily complexes with four or more units (approximately 16,500 total rental units).

On May 7, 2024, Council approved a six-year Professional Services Agreement with 3Di, Inc. in the not-to-exceed amount of $60,000 in FY 2023-2024, $80,000 in FY 2024- 2025, $80,000 in FY 2025-2026, $85,000 in FY 2026-2027, $90,000 in FY 2027-28, and $93,000 in FY 2028-29, for a total not-to-exceed amount of $488,000, for the software platform to administer and manage the City’s Rent Registry Program.

On May 22, 2025, additional amendments to the City’s Residential Tenant Protection Program went into effect (Ordinance), which included, 1) updating the application of the Just Cause for Eviction regulations for rented single-family homes and condominiums and 2) updating the Annual Rent Increase Cap for multifamily complexes built before February 1995.

In early 2025, while City Council deliberated on how the Rent Registry Program and the Ordinance would apply to rented single-family homes and condominiums, registration was placed on hold for these unit types. After the Ordinance, amendments were adopted in April 2025, the Rent Registry Program for single-family homes and condominiums resumed with a new deadline of June 30, 2025. By June 30, 2025, less than 30% of rented single-family homes and condominiums had completed the registration.

City Council Agenda Report
Agenda Item No. 5.d
June 23, 2026
Due to low compliance rates among property owners, the initial registration cycle was reopened in July 2025 to provide the remaining 70% of delinquent property owners another opportunity to comply with the Rent Registry Program requirements. This caused the second registration cycle that was scheduled for August 2025 to be pushed to 2026.

Ordinance amendments and changes to the timeline, and how they impacted the contract cost are discussed further in the Analysis section.

Analysis
The 2025 Ordinance amendments impacted the Rent Registry Program data requirements and the timeline for registration, which required changes within Rent Registry Program portal software, and caused the increase in contract cost that this amendment is intended to address.

Impacted Timelines and Amendments to Rent Registry Software The 3Di Rent Registry Program platform does not support multiple concurrent Rent Registry Program cycles; one Rent Registry cycle needs to close before another can begin. The first cycle of the Rent Registry Program was open between November 2024 through December 2025 and was reflective of the Program requirements that were in effect as of April 2024.

Because the second cycle was scheduled to launch in August 2025, 3Di had begun preparing its rollout. However, the timing of the Council amendments and the resulting low compliance rates required the first cycle to be reopened. This necessitated the reprogramming of the 3Di software platform from the updated second cycle back to the first cycle requirements to complete the data collection.

For the second cycle, the Rent Registry Program once again needed to be updated to incorporate the 2025 amendments to the Ordinance. Since the cycles cannot overlap, 3Di needed time to: 1) remove outdated software code reflecting prior Program requirements, 2) recode the platform to align with the most recent Ordinance amendments, 3) conduct testing for the updated cycle changes, and 4) launch the new cycle. The Ordinance changes impacted all sections of the Rent Registry Program portal, including:
• Type of questions the owner must answer in the portal • Type of registration letter and follow-up noticing the property owner receives • Automatic email responses
• Approved reasons for filing an exemption and the type of proof required to be uploaded
• Application of fees

City Council Agenda Report
Agenda Item No. 5.d
June 23, 2026
• Amount of fees to be charged per property type
• Fee workflow
• Invoices
• Receipts
• Reports available in 3Di for staff
These updates to 3Di's Rent Registry software resulted in almost 300 hours of work being performed that were not anticipated when the original contract was signed. These necessary updates have an approximate $27,000 cost. The delta between these costs and the built-in contingency results in a deficit of $10,000.

Financial Impact
The cost of this amended agreement will be paid for through the Rent Registry Program fees that went into effect on July 1, 2025, and is not anticipated to have a fiscal impact on the City.

Environmental Determination
Pursuant to 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 contract amendment does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c), 15061(b), and 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. In addition, the revision is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that the activity will have a significant effect on the environment, and no further environmental review is required. Moreover, even if the activity were determined to be a “project” for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment” and is statutorily exempt pursuant to CEQA Guidelines Section 15273. Therefore, the activity does not warrant further environmental review. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted.

Attachment

1. First Amendment to Professional Services Agreement between the City of Concord and 3Di, Inc.

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

1 1
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26 27
28 This First Amendment to Professional Services Agreement (“First Amendment”) is entered into on this date, June 9, 2026, and amends the Professional Services Agreement, Agreement No.

CCA-6157, between the City of Concord (“CITY”) and 3Di, Inc., California Corporation, 3 Pointe Drive, Suite 307, Brea , CA 92821 (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. CCA-6157, dated May 1, 2024 (the “Agreement”), wherein CONSULTANT agreed to provide the services described in detail in Exhibit A, Scope of Services.

WHEREAS, the parties hereto desire to amend the agreement to provide for additional compensation;
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 3 “Payment” is hereby amended to read as follows: The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, shall in no event shall the amount CITY pays CONSULTANT exceed Ninety Thousand dollars ($90,000) for Fiscal Year 2025/26.

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

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

Signatures on the following page.

Attachment 1

2 1
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4 5
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28 Dated: ___________ Consultant

BY: ________________________

Mihir Desai, C.O.O. & C.F.O

Dated: ___________ CITY OF CONCORD

By: _________________________
Valerie J. Barone
City Manager

APPROVED AS TO FORM: ATTEST:

____________________________ ____________________________________ Susanne Brown Joelle Fockler, M MC
City Attorney City Clerk

FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

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

THE SUM OF $ 90,000. Account Code 11689001Z01-63800-500.

Finance Director's Signature

Staff Report
Date: June 23, 2026
To: City Council
From: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering adoption of a Resolution calling for and ordering a General Municipal Election and Specifications of the Election Order for the purpose of electing a total of three members of the City Council to seats in Districts 1, 3, and 5, one member for each district, and the City Treasurer, each for full terms of four years, and requesting and consenting to the
consolidation of said General Municipal Election with the General Election to be held on November 3, 2026.

Report in Brief
A general municipal election will be held in the City of Concord on Tuesday, November 3, 2026, under the provisions of the laws relating to general law cities in the State of California.

The purpose of the election is to choose City Councilmembers for Districts 1, 3, and 5 to take office upon the term expiration of Councilmembers Laura Hoffmeister (District 1), Dominic Aliano (District 3), Laura Nakamura (District 5), and City Treasurer Patti Barsotti.

Recommended Action
Adopt a Resolution calling for and ordering a general municipal election and specifications of the election order for the purpose of electing a total of three members of the City Council to seats in Districts 1, 3, and 5, one member for each district, and the City Treasurer, each for full terms of four years, and requesting and consenting to the consolidation of said general municipal election with the general election to be held on November 3, 2026.

5.e5.e5.e

City Council Agenda Report
Agenda Item No. 5.e
June 23, 2026
Background
Because the County Elections Division provides election services to the City of Concord, the City Council adopted Ordinance No. 98-54 to change the date of the City’s general municipal elections from the odd-numbered years to the even-numbered years in November to consolidate election cycles with the statewide general election cycle.

The purpose of the consolidation was to increase voter participation and to reduce the cost of the election to taxpayers. The ordinance states that a general municipal election shall occur on the first Tuesday after the first Monday of November in even-numbered years.

On August 4, 1998, the Contra Costa County Board of Supervisors approved the consolidation with the statewide general election held in November of each even- numbered year.

On March 6, 2018, the City Council adopted Ordinance No. 18-2 in order to transition to a district-based electoral system. The City held its first Districts Election in November 2018 for open seats in Districts 1, 3, and 5, and the November 3, 2020, general election was held for open seats in Districts 2 and 4.

On April 5, 2022, after going through the Redistricting process required after the 2020 Census, the City Council adopted Resolution No. 22-18 establishing district boundaries for “By District” City Council elections beginning with the November 2022 election.

The City Treasurer is elected at large rather than by district.

Analysis
Pursuant to the requirements of the laws of the State of California relating to general law cities, the City Council is required to adopt a resolution calling and ordering a general municipal election to be held in the City of Concord on Tuesday, November 3, 2026. Due to expiring terms, it is necessary to elect a total of three Councilmembers (one each in Districts 1, 3, and 5) and the City Treasurer for full terms of four years.

The resolution also sets forth other particulars of the election, including setting the word limit for candidate statements to 250 words as requested by the County Elections Division due to changes in the way voter pamphlets are printed, and authorizes the City Clerk, as the election official for the City of Concord, to work with the Contra Costa County Elections Division as needed in order to properly and lawfully conduct the election.

City Council Agenda Report
Agenda Item No. 5.e
June 23, 2026
The practice established for previous City elections requires the candidate to pay the cost of publishing the statement in the voter pamphlet. The Candidate Statement Costs for the November 2026 Election are as follows:

City Treasurer $1,626
District 1 $481
District 3 $318
District 5 $488
Financial Impact
Based on a current registered voter population of 73,477 and an estimated cost of $3.00 - $4.50 per registered voter the estimated cost of the election is approximately $220,431 - $330,647.

Final costs will be determined by the Contra Costa Elections Division following the election and varies depending upon the number of agencies that consolidate and share in the election costs. There are sufficient funds in the operating budget to cover the cost of the election.

Public Contact
The City Council Agenda was posted. The Notice of Election will be published in the East Bay Times during the nomination period as required by law. Requirements pertaining to the election will be included in the Election Informational Packet given to each candidate for office in the November 3, 2026, election.

Attachment

1. Resolution calling the November 3, 2026, General Election

Res. No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Calling for and Ordering a General
Municipal Election and Specifications of the Election
Order for the Purpose of Electing a Total of Three
Members of the City Council to Seats in Districts 1, 3, and 5, one Member for each District, and the City
Treasurer, each for Full Terms of Four Years, and
Requesting and Consenting to the Consolidation of
Said General Municipal Election with the General
Election to be Held on November 3, 2026
Resolution No. 26-XX
/
WHEREAS, the City Council has ordered a General Municipal Election to be held on Tuesday, November 3, 2026, to fill certain municipal offices; and WHEREAS, other elections may be held in whole or in part of the territory of the City and it is to the advantage of the City to consolidate pursuant to Elections Code Section 10002; and WHEREAS, Elections Code Section 10002 requires the City to reimburse the County in full for the services performed upon receipt of an invoice to the City by the County Elections Official; and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the governing body must determine whether a charge shall be levied against each candidate submitting a candidate’s statement to be sent to the voters; may establish the cost; and determine whether the cost be paid in advance; and
WHEREAS, Elections Code Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City; and WHEREAS, Elections Code Section 12110 requires the publication of a list of the names of the nominees, in the order in which they appear on the ballot, and the respective offices for which they have been nominated once in a newspaper of general circulation in the City; and WHEREAS, tie votes shall be determined by lot pursuant to Elections Code Section 15651(a) unless the City Council adopts the provisions of Elections Code 15651(b) prior to the conduct of the election resulting in the tie vote.

NOW, THEREFORE, IT IS ORDERED that an election be held in accordance with the Attachment 1

Res. No. 26-XX 2
following specifications:

Section 1. The General Municipal Election shall be held on Tuesday, the 3rd of November, 2026. The purpose of the election is to choose successors for the following offices: Member of the City Council for District 1, Member of the City Council for District 3, Member of the City Council for District 5, and City Treasurer, each for full terms of four years.

Section 2. This City Council hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part in the territory of the City, as provided in Elections Code Sections 10002.

Section 3. The City will reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official.

Section 4. The Candidate Statements will be limited to a maximum of 250 words. As a condition of having the Candidate’s Statement published, the candidate shall pay the cost at the time of filing nomination papers.

Section 5. The City of Concord City Clerk is to publish the Notice of Election in the East Bay Times, which is a newspaper of general circulation that is published daily in the City.

Section 6. The City Council has determined that the action to be taken in the event of a tie vote is as follows: by lot pursuant to Elections Code Section 15651(a), unless the City Council adopts the provisions of Elections Code 15651(b) prior to the conduct of the election resulting in the tie vote.

Section 7. The City directs that a certified copy of this Resolution be forwarded to the Registrar of Voters and to the Board of Supervisors of Contra Costa County.

Section 8. This resolution shall become effective immediately upon its passage and adoption. //
//
//
//
//
//

Res. No. 26-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on June 23, 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 23, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

From: D'Marco Anthony <[email protected]>
Sent: Monday, June 22, 2026 11:25 AM
To: City Clerk <[email protected]>
Subject: Written public comment item 5e (from consent calendar)

Dear Concord City Council. I would like to urge you all to change the method of election tie breakers to special elections. This is the third time I have pulled this item, so many of the points I will raise in this public comment may sound familiar.

In 2017 a tied election in Virginia was broken by a random drawing. It not only impacted that single race, it also decided the entire balance of power for the State House of Delegates, giving Republicans the majority. A random drawing determining the balance of power is unacceptable, including right here in Concord. Consequential City Council decisions in our city are often decided by a narrow 3-2 vote margin. There would be indignation from members of the public whenever the deciding vote is cast by someone who won their seat by chance, rather than by winning a plurality of votes.

A few years ago, nearby Richmond, California had an election tie breaker by lot. Prior to the drawing, many members of the community publicly speculated that their city clerk would rig the tie breaker by lot process. While those claims were unfounded, our city staff could face similar distrust from residents, should a tiebreaker by lot happen here in Concord. We need to ensure that the winners of our municipal elections are always chosen by the voters, not chance, in order to uphold the integrity of the election.

It is unfortunate that the City of Concord has continued to keep its undemocratic election tiebreaker policy. If a candidate lost an election by lot, they would be devastated. On the flip side, if a candidate won a tie breaker by lot, they would enter the office without having a true mandate from the voters.

In 2024, the Concord Council City Council said they would approve the overall election agenda item upfront, and floated addressing the election tiebreaker issue at a later date before the 2024 election. Despite what was promised, the tiebreaker issue was never agendized, and what followed was a close election between Former Councilmember Birsan and Councilmember Benaventue that could have easily ended in a tie given the tight margin.

Benched Correspondence
Agenda Item No. 5.e
June 23, 2026

I urge the Council to act immediately, otherwise, I worry this issue will keep being pushed to the wayside, as it has for several years now! If you all do not act, this could lead to a candidate’s name being pulled out of a hat to determine the winner of a 2026 election. I hope this Council will switch to special elections being the method to determine who wins a tied race moving forward. This would help ensure that our community could have full faith that our city government is a democratic institution, where the voters always have the last say in who wins.

Thank you,
-D'Marco J. Anthony

Staff Report
Date: June 23, 2026
To: City Council
From: Greg Taylor, Director of Information Technology
[email protected]
(925) 671-3159
Subject: Considering approval of seven agreements involving annual license, maintenance, purchase and support for Information Technology systems in the total not-to-exceed amount of $1,748,590 for the 2026-27 Fiscal Year; and authorizing the Director of Information Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney. (General Fund)
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 Director of Information Technology requests authorization to expend $1,748,590 in funds budgeted in Fiscal Year 2026-27 to maintain various license, maintenance, purchase and support agreements. These agreements provide the City with access to manufacturers’ technical support, software upgrades, Network Infrastructure support and the ability to purchase required computer and server equipment for the coming fiscal year. Each of the license, maintenance, purchasing and support agreements are for a single one-year period. The listed agreements either exceed $95,000 individually or in aggregate to a vendor, which requires authorization by Council to expend the funds in accordance with the City’s Procurement Policy.

Recommended Action
Approve seven agreements involving annual license, maintenance, purchase and support for Information Technology systems in the total not-to-exceed amount of $1,748,590 for the 2026-27 Fiscal Year; and authorize the Director of Information

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City Council Agenda Report
Agenda Item No. 5.f
June 23, 2026
Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney and make the CEQA determinations as provided in this staff report.

Background
The City maintains various license, maintenance, purchase and support agreements for each of the following Information Technology systems listed below. These critical business systems provide functionality that is required for City operations, and ultimately, services provided to the public. The not-to-exceed amount is based on the prior year’s invoice amount and contractual increases. Attachment 1 is a table that provides a listing of each agreement, along with the system, manufacturer/supplier, term length, cost, and attachment number.

Annual license, maintenance, purchase and support agreements provide the City with critical vendor hot patches, service packs, major revision upgrades, new server and computer system replacements and network and security infrastructure support. The City requires these agreements to maintain reliable, secure, and highly available business systems. The following is a brief description of each:
• Accela Automation (Attachment 2: $246,835) – The Accela Automation software is used to process and print Building Division, Code Enforcement, and Planning Division permits, track land use and zoning, and support the Sewer Levy revenue process. Accela Automation provides multiple departments within the City a solution to automate permits, workflows, forms management, activity tracking, citizen relationship management and other important daily tasks. The Geographical Information System (GIS) interface provides staff direct access to view spatial representations of all land use, zoning, and infrastructure information associated with a parcel, permit, inspection, or plan. If this system is not maintained, the City would lose automated permits tracking, Sewer Levy assessments, land management and web access for the planning, building, housing, economic development and code enforcement groups. • Infor/Lawson ERP System (Attachment 3: $251,549) – Infor provides the Human Resources and Finance systems for the City, as well as interfaces with the Questica budgeting system. This includes employee position control, financial reporting, benefits administration, accounts payable, receivables, purchasing, payroll, and employee services. In addition to version upgrades and patches, the support agreement also provides access to required annual tax code updates.

While Lawson is being replaced by the new Workday solution, staff will continue to need access to the Lawson database throughout 2026 to support the process of transitioning to a new ERP system.
• Arisma Group dba Cendien Consulting (Attachment 4: $375,000) – Lawson requires additional contracted support for maintenance, patching and programming through Cendien, LLC. The current Cendien contract expires on June 30, 2026, and this action would renew the contract for an additional 1-year

City Council Agenda Report
Agenda Item No. 5.f
June 23, 2026
term for an additional $375,000. Cendien is actively assisting the City through the critical transition from Lawson to the City’s new ERP system, Workday. On March 17, 2021, in accordance with City of Concord Procurement Policy, the City issued a Request for Proposal (RFP #2452) for Lawson Consultant Services.

Two companies responded and Cendien was chosen to be the optimal respondent using selection criteria that included qualifications, experience, technical expertise and cost.
• EBRCSA – East Bay Regional Communications System Authority (Attachment 5: $268,629) – EBRCSA provides Radio Infrastructure and Police Dispatch Console support for all Police, Public Works, Recreation Services, Community Development, and IT radios. Without EBRCSA participation, the City would incur additional operating costs for maintaining its own public safety radio system with less interoperability and capabilities.
• Contra Costa County Public Safety Systems (Attachment 6: $329,700) – The CAL-Remote Access Network was established in 1989 and is contributed to by all County agencies. Its primary function is to enable jail bookings through the LiveScan fingerprint capture and recognition system. The annual contribution is based upon the number of contributing agencies and each City’s population. The All-County Criminal Justice Information Network (ACCJIN) in Contra Costa County, California, was established in 1990 and links 23 individual criminal justice information systems and provides Concord Police with access to law enforcement data at the Local, County, State, and Federal levels. The Office of the Sheriff maintains the Automated Regional Information Exchange System (ARIES) database and the Domestic Violence Relational Database. Both collect data from California jurisdictions, and multiple counties utilize and share information to support increased monitoring and law enforcement efforts. Police and Dispatch use Level II software for accessing the ACCJIN Network to query the Department of Justice (CLETS and ARIES) Databases. These services also provide some license plate reader capabilities that assist with stolen vehicle recovery. Without these services, the Police Department would not be able to receive timely information from Local, State or Federal criminal databases. • DELL INC Computer/Server Systems (Attachment 7: $150,000) – The City of Concord purchases the majority of its Information Technology equipment, which include desktop computers, laptops and citywide servers from DELL, Inc. By using a single vendor, parts are more easily interchangeable, configurations can be standardized, and software installations quickly replicated. In order to obtain superior pricing via economies of scale, the City uses a National Association of State Procurement Officers (NASPO) Value Point Cooperative contract. DELL, Inc. is part of the NASPO Value Point Master Price Agreement Contract No. 23026, of which the State of California participates through California Participating Addendum No. 7-23-70-55-01. In accordance with the City’s purchasing policy, the City can use the NASPO Value Point Cooperative to

City Council Agenda Report
Agenda Item No. 5.f
June 23, 2026
purchase Information Technology equipment at lower prices than those the City would obtain through its own competitive bidding.
• CrowdStrike Managed Threat Detection (Attachment 8: $126,877) – Since 2021 the City of Concord has utilized CrowdStrike, a Managed Threat Detection and Response Service, to prevent breaches and significantly improve the City’s overall cybersecurity posture. CrowdStrike has delivered robust, cloud-native endpoint protection, advanced threat intelligence, and around-the-clock response capabilities that have proven highly effective for the City. In order to obtain superior pricing via economies of scale, the City uses a National Association of State Procurement Officers (NASPO) Value Point Cooperative contract.

CrowdStrike is part of the NASPO Value Point Master Price Agreement Contract No. AR2472, of which the State of California participates through California Participating Addendum No. 7-17-70-40-05. In accordance with the City’s purchasing policy, the City can use the NASPO Value Point Cooperative to purchase CrowdStrike at lower prices than those the City would obtain through its own competitive bidding.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15378, and/or 15061(b)(3), award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Financial Impact
There is no additional fiscal impact associated with this action as all necessary funding for the license, maintenance, purchase and support agreements listed have been previously budgeted and approved by Council in the adopted Fiscal Year 2026-27 budget.

Public Contact
The City Council Agenda was posted.

Attachments

1. Table 1 – Systems Listing

2. Accela Automation Agreement

3. Infor (Lawson) Agreement

4. Arisma Group dba Cendien Consulting Agreement

5. East Bay Regional Comm System (EBRCSA) Agreement

6. Contra Costa County Public Safety Agreements

City Council Agenda Report
Agenda Item No. 5.f
June 23, 2026

7. DELL NASPO Agreement

8. CrowdStrike E Plus Quote with NASPO Number

ATTACHMENT # SYSTEM MANUFACTURER/SUPPLIER DESCRIPTION TERM AMOUNT 2 Accela Automation Accela Government Software Software to process Building, Code Enforcement and Planning permits, track land use and zoning, and support the Sewer Levy revenue process.

FY 26/27 $246,835
3 HR/Finance System Software Infor (Lawson) City’s Enterprise Resource Planning System used for financial reporting, budgeting, accounts payable, employee position control and various other City operations.

FY 26/27 $251,549
4 HR/Finance System Support Arisma Group dba Cendien LLC Provides maintenance, patching and programming support. Currently assisting the Workday transition.

FY 26/27 $375,000
5 East Bay Regional Comm System EBRCSA JPA Provides Radio infrastructure and Police Dispatch Console support for all Police, Public Works, Parks & Recreation, Community Development and IT radios.

FY 26/27 $268,629
6 CLETS, ARIES, and CAL-Remote Access Network Contra Costa County California Law Enforcement Telecommunications System (CLETS) is used to transmit highly sensitive Public Safety information between law enforcement agencies throughout the State. Automated Regional Information Exchange System (ARIES) database is used to share Public Safety information throughout Contra Costa County. CAL-Remote Access Network enables jail bookings through the LiveScan fingerprint capture and recognition system.

FY 26/27
$329,700
7 Server and Computer Replacement DELL Inc. Citywide vendor for server, desktop and laptop replacement as well as for other information technology components.

FY 26/27 $150,000
8 Crowdstrike Managed Threat Detection E Plus Cybersecurity Managed Threat Detection and Response Services FY 26/27 $126,877 TOTAL $1,748,590
Attachment 1
TABLE 1: SYSTEMS LISTING

Attachment 2

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1.13 “Support Services” means those technical and help services provided by Accela in accordance with the Software Support Services Policies (SaaS) located at www.accela.com/terms/.

1.14 “Subscription Period” means the duration of Customer’s authorized use of the Subscription Services as designated in the Order.

2. USAGE AND ACCESS RIGHTS.

2.1 Right to Access. Subject to the terms and conditions of this Agreement, Accela hereby grants to Customer a limited, non-exclusive, non-transferable right and license during the Subscription Period, to permit: (i) Authorized Users to access and use the internal and administrative interfaces of the Subscription Services in accordance with the Documentation to support Customer’s internal business purposes and (ii) its External Users the ability to access and use the publicly available interfaces to submit requests and information to Customer. Each instance of the Subscription Service shall be provisioned with the amount of storage set forth in the Order and additional storage may be purchased at the then-current rates.

2.2 Support Services & Service Availability. During the Subscription Period, Accela shall provide to Customer the Support Services specified in the Order and shall make all commercially reasonable efforts to attain the service levels specified in the applicable policies. The remedies set forth in th e Software Support Services Policies (SaaS) and Service Availability and Security Policy are the sole and exclusive remedies for any breach of the service levels.

Customer grants Accela a royalty-free, worldwide, transferable, sub- licensable, irrevocable, perpetual license to use or incorporate into its software or services any suggestions or other feedback provided by Customer or Authorized Users relating to the operation or features of the Subscription Services.

2.3 Purchasing Consulting Services. Customer may purchase Consulting Services from Accela by executing an Order for such services. All prices are exclusive of travel and expenses, which will be invoiced at actual cost, without markup, and will comply with the Consulting Services Policy located at www.accela.com/terms/ or as otherwise agreed in the applicable Order. If applicable, one Consulting Services day shall be equal to eight (8) hours.

2.4 Restrictions on Use. Customer shall not, and shall not permit others to: (i) use or access the Subscription Services in any manner except as expressly permitted by the Agreement, including but not limited to, in a manner that circumvents contractual usage restrictions set forth in this Agreement; (ii) license, sub -license, sell, re-sell, rent, lease, transfer, distribute, time share or otherwise make any portion of the Subscription Services available for access by third parties except as otherwise expressly provided herein; (iii) use the Subscription Service in a way that: (a) violates or infringes upon the rights of a third party; or (b) stores or transmits libelous, tortious, or otherwise unlawful material or malicious code or viruses; (iv) create derivative works, reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about any of the Subscription Services (except to and only to the extent such rights are proscribed by law); (v) interfere with or disrupt the security, integrity, operation, or performance of the Subscription Services; (vi) access, use, or provide access or use to the Subscription Services or Documentation for the purpos es of competitive analysis or the development, provision, or use of a competing software, SaaS or product or any other purpose that is to Accela’s detriment or commercial disadvantage; (vii) provide access to the Subscription Services to competitors of Accela; (viii) access or use components of the Subscription Service not licensed by Customer; (ix) use or allow the use of the Subscription Services by anyone located in, under the control of, or that is a national or resident of a U.S. embargoed country or territory or by a prohibited end user under Export Control Laws (as defined in Section

12.3, Compliance with Laws); (x) remove, delete, alter or obscure any trademarks, Documentation, warranties, or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Subscription Services; or (xi) access or use the Subscription Services in, or in association with, the design, construction, maintenance, or operation of any hazardous environments, systems or applications, any safety

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response systems or other safety-critical applications, or any other use or application in which the use or failure of the Subscription Services could lead to personal injury or severe physical or property damage.

2.5 Ownership. Accela retains all Intellectual Property Rights, including all rights, title and license to the Subscription Service, Software, Accela System, Support Services, Consulting Services, and Aggregate Data, any related work product of the foregoing and all derivative works thereof by whomever produced; provided however, that to the extent such materials are delivered to Customer as part of the Subscription Services, Consulting Services or Support Services then Customer shall receive a limited license consistent with the terms of Section 2 to use such materials during the Subscription Period.

2.6 Customer’s Responsibilities. Customer will: (i) be responsible for meeting Accela’s applicable minimum system requirements for use of the Subscription Services set forth in the Documentation; (ii) be responsible for Authorized Users’ compliance with this Agreement and for any other activity (whether or not authorized by Customer) occurring under Customer’s account; (iii) be solely responsible for the accuracy, quality, integrity and legality of Customer Data; (iv) use commercially reasonable efforts to prevent unauthorized access to or use of the Subscription Services and Customer Data under its account, and notify Accela promptly of any such unauthorized access or use; (v) use the Subscription Services only in accordance with the applicable Documentation, l aws and government regulations; and (vi) pay its Subscription fees in full for the Subscription Period.

3. PAYMENT TERMS.

3.1 Purchases Directly from Accela. Except as otherwise set forth in an Order, Subscription fees will be invoiced annually in advance throughout the Subscription Period, and such fees shall be due and payable on the first day of each annual period. At the end of each Subscription Period, the Customer will receive a renewal Order for the renewal Subscription Period, and such renewal fees will be due and payable on the first day of the renewal Subscription Period. Thereafter, Subscription fees for the renewal Subscription Period will be invoic ed annually in advance throughout the Subscription Period, and such fees shall be due and payable on the first day of each annual period. All other invoices shall be due and payable net sixty (60) from the date of the applicable invoice. All amounts payable to Accela under this Agreement shall be paid by Customer in full without any setoff, deduction, debit, or withholding for any reason. Any late payments shall be subject to an additional charge of the lesser of

1.5% per month or the maximum permitted by law. All Subscription Services fees are exclusive of any taxes, levies, duties, withholding or similar governmental assessments of any nature (collectively, “Taxes”). If any such Taxes are owed or payable for such transactions, they shall be paid separately by Customer without set -off to the fees due Accela.

3.2 Purchases from Authorized Resellers. In the event that Customer has purchased any products or services through a reseller, subject to these terms, any separate payment arrangements and terms shall be exclusively through such reseller and Accela is not a party to such transactions. Accela’s sole obligations are set forth herein and Customer acknowledges that its rights hereunder may be terminated for non- payment to such third party.

4. CONFIDENTIALITY. As used herein, “Confidential Information” means all confidential information disclosed by a one party to this Agreement to the other party of this Agreement whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. However, Confidential Information will not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the disclosing party; (ii) was known to the receiving party prior to its disclosure without breach of any obligation owed to the disclosing party; (iii) is received without restriction from a third party without breach of any obligation owed to the disclosing party; or (iv) was independently developed by the receiving party without the use of the disclosing party’s Confidential Information. Each party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information except as permitted herein, and will limit access to Confidential Information to those of

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its employees, contractors and agents who need such access for purposes consistent with this Agreement and who are bound to protect such Confidential Information consistent with this Agreement. The receiving party may disclose Confidential Information if it is compelled by law to do so, provided the receiving party gives the disclosing party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party's request and cost, to contest, limit, or protect the disclosure.

5. CUSTOMER DATA.

5.1 Ownership. Customer reserves all its rights, title, and interest in and to the Customer Data. No rights are granted to Accela hereunder with respect to the Customer Data, except as otherwise set forth explicitly in Section

5. 5.2 Usage. Customer shall be responsible for Customer Data, as defined above, and as entered into, applied in, or used in the Subscription Services. Customer acknowledges that Accela generally does not have access to Customer Data as it is entered into the Subscription Services and Accela cannot retrieve lost Customer Data. Customer grants to Accela the non-exclusive right to process Customer Data (including personal data) for the sole purpose of and only to the extent necessary for Accela: (i) to provide the Subscription Services; (ii) to verify Customer’s compliance with the restrictions set forth in Section 2.4 (Restrictions on Use) if Accela has a reasonable belief of Customer’s non-compliance; and (iii) as otherwise set forth in this Agreement. Accela may utilize the information concerning Customer’s use of the Subscription Services (excluding any use of Customer’s Confidential Information) to improve Subscription Services, to provide Customer with reports on its use of the Subscription Services, and to com pile aggregate statistics and usage patterns by customers using the Subscription Services.

5.3 Use of Aggregate Data. Customer agrees that Accela may collect, use, and disclose Aggregate Data, as defined above, derived from the use of the Subscription Services for industry analysis, benchmarking, analytics, marketing, and other business purposes. All Aggregate Data collected, used, and disclosed will be in aggregate form only and will not identify Customer, its Authorized Users or any third parties utilizing the Subscription Services.

6. WARRANTIES AND DISCLAIMERS.

6.1 Subscription Services Warranty. During the Subscription Period, Accela warrants that Subscription Services shall perform materially in accordance with the applicable Documentation. As Customer’s sole and exclusive remedy and Accela’s entire liability for any breach of the foregoing warranty, Accela will use commercially reasonable efforts to: (a) repair the Subscription Services in question; (b) replace the Subscription Services in question with those of substantially similar functionality; or (c), after making all commercially reasonable attempts to do the foregoing, terminate the applicable Subscription Services and refund all unused, prepaid fees paid by Customer for such non-compliant Subscription Services.

6.2 Consulting Services Warranty. For ninety (90) days from the applicable delivery, Accela warrants that Consulting Services shall be performed in a professional and workmanlike manner. As Customer’s sole and exclusive remedy and Accela’s entire liability for any breach of the foregoing warranty, Accela will use commercially reasonable efforts to (a) re-perform the Consulting Services in a compliant manner; or, after making all commercially reasonable attempts to do the foregoing, (b) refund the fees paid for the non- compliant Consulting Services.

6.3. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ACCELA MAKES NO WARRANTY OF ANY KIND,

WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED

WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6.4. Cannabis-Related Activities. If Customer purchases any Subscription Services for use with any cannabis - related activities, the following additional disclaimers shall apply: Accela is considered a software service provider

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to its customers and not a cannabis related business or agent thereof. In addition to the foregoing, Accela only retains Subscription Services fees of this Agreement from its Customer for general software services, a state or local government agency, and does not retain these fees from any type of External Users. It is the sole responsibility of the Customer to offer state law compliant services, which may be coordinated and facilitated through the use of the Subscription Services. Accela makes no represent ations, promises, or warranties with respect to the legality, suitability, or otherwise regarding any third party provider, including partners, and have no responsibility or liability with respect to services provided to Customer by such third parties.

7. INDEMNIFICATION. Accela will defend (or at Accela’s option, settle) any third party claim, suit or action brought against Customer to the extent that it is based upon a claim that the Subscription Services, as furnished by Accela hereunder, infringes or misappropriates the Intellectual Property Rights of any third party, and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim that are finally awarded against Customer, provided that Customer provides: (a) Accela notice of such claim as soon as practicable to allow a fair and reasonable opportunity to respond, (b) reasonable cooperation to Accela, at Accela’s expense, in the defense and/or settlement of such claim and (c) Accela the sole and exclusive control of the defense, litigation and settlement of such claim. In the event that Accela reasonably believes, in its sole discreti on, that such claim may prevail or that the usage of the Subscription Services may be joined, Accela may seek to: (a) modify the Subscription Services such that it will be non-infringing (provided such modification does not materially reduce the functionality or performance of Customer’s installed instance); (b) replace the Subscription Services with a service that is non-infringing and provides substantially similar functionality and performance; or, if the first two options are not commercially practicable, (c) terminate the remainder of the Subscription Period and refund any, pre-paid, unused fees received by Accela. Accela will have no liability under this Section 7 to the extent any claims arise from (i) any combination of the Subscription Services with products, services, methods of a third party; (ii) a modification of the Subscription Services that were either implemented by anyone other than Accela or implemented by Accela in accordance with Customer specifications; (iii) any use of the Subscription Services in a manner that violates this Agreement or the instructions given to Customer by Accela; (iv) a version of the Subscription Services other than the current, fully patched version, provided such updated version would have avoided the infringement; or (v) Customer’s breach of this Agreement. THIS SECTION 7 STATES THE ENTIRE

OBLIGATION OF ACCELA AND ITS LICENSORS WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS RELATED TO THIS AGREEMENT.

7.1 Personal Injury and Property Damage Indemnity. Accela agrees to indemnify, defend and hold harmless Customer from and against any and all demands, actions, losses, damages, injuries, and liability, including reasonable attorneys’ fees and expenses, arising out of third party claims for bodily injury or damage to real or tangible personal property (excluding software, data or documentation) to the extent caused by Accela’s negligence or willful misconduct provided that Customer provides: (a) Accela notice of such claim as soon practical and in no event later than would reasonably permit Accela to respond to such claim, (b) reasonable cooperation to Accela, at Accela’s expense, in the defense and/or settlement of such claim and (c) Accela the sole and exclusive control of the defense, litigation and settlement of such claim. This indemnification obligation shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the negligence or willful misconduct on the part of Customer.

8. LIMITATION OF LIABILITY. EXCEPT FOR LIABILITY ARISING OUT OF EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY, OR CUSTOMER’S BREACH OF SECTION 2, NEITHER PARTY’S AGGREGATE LIABILITY FOR

DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILIT Y TO

USE THE SERVICE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT. EXCEPT FOR LIABILITY ARISING OUT OF CUSTOMER’S BREACH OF SECTION 2, OR EITHER PARTY’S

LIABILITY FOR DEATH OR PERSONAL INJURY, IN NO EVENT SHALL EITHER PARTY OR ANY OTHER PERSON OR ENTITY

INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE BE LIABLE FOR ANY INCIDENTAL, SPECIAL,

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EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL,

SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR

SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO

USE THE SUBSCRIPTION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING EXCLUSIONS APPLY WHETHER OR NOT A

PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. SECURITY. Accela has implemented commercially viable and reasonable information security processes, policies, and technology safeguards to protect the confidentiality and integrity of Customer Data, personal data protect against reasonably anticipated threats. Customer acknowledges that, notwithstanding security features of the Subscription Services, no product, hardware, software or service can provide a completely secure mechanism of electronic transmission or communication and that there are persons and entities, including enterprises, governments and quasi- governmental actors, as well as technologies, that may attempt to breach any electronic security measure. Subject only to its limited warranty obligations set forth in Section 6, Accela will have no liability for any such security breach. Customer further acknowledges that the Subscription Services is not guaranteed to operate without interruptions, failures, or errors. If Customer or Authorized Users use the Subscription Services in any application or environment where failure could cause personal injury, loss of life, or other substantial harm, Customer assumes any associated risks and will indemnify Accela and hold it harmless against those risks.

10. THIRD PARTY SERVICES. Customer may choose to obtain a product or service from a third party that is not directly produced by Accela as a component of the Subscription Services (“ Third Party Services”), and this may include third party products resold by Accela. Accela assumes no responsibility for, and specifically disclaims any liability, warranty or obligation with respect to, any Third Party Services or the performance of the Subscription Services (including Accela’s service level commitment) when the Subscription Services are used in combination with or integrated with Third Party Services.

11. TERM AND TERMINATION.

11.1 Agreement Term. This Agreement shall become effective on the Effective Date and shall continue in full force and effect until the expiration of the Subscription Periods set forth in an applicable Order governed by the Agreement.

11.2 Subscription Periods & Renewals. Subscription Periods begin as specified in the applicable Order with “Year 1” and, unless terminated earlier in accordance with this Agreement, continue for the full Subscription Period specified therein. The Subscription Period is all annual terms in the Order added up. Orders may only be terminated early in accordance with Section 11.3 or by convenience on any anniversary of the Effective Date of the Agreement with at least a 90 day prior notice. In the event of any expiration or such termination, Customer’s right to use the Subscription Services will terminate at the end of the current annual term.

11.3 Termination or Suspension for Cause. A party may terminate this Agreement and Subscription Services license granted hereunder for cause upon thirty (30) days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such thirty (30) day period. Either party may terminate immediately if the other party files for bankruptcy or becomes insolvent. Accela may, at its sole option, suspend Customer’s or any Authorized User’s access to the Subscription Services, or any portion thereof, immediately if Accela: (i) suspects that any person other than Customer or an Authorized User is using or attempting to use Customer Data; (ii) suspects that Customer or an Authorized User is using the Subscription Services in a way that violates this Agreement and could expose Accela or any other entity to harm or legal liability; (iii) is or reasonably believes it is required to do so by law or court order or; (iv) Customer’s payment obligations are more than ninety (90) days past due, provided that Accela has provided at least thirty (30) days’ notice of such suspension for

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delinquent payment. Should Customer terminate this Agreement for cause, Accela will refund a pro-rata portion of unused, pre-paid fees for the non-compliant Services.

11.4 Appropriation. In accordance with California law, Customer is a local governmental entity that relies on legislative budget approval to fund the Service in the Agreement. Customer intends to continue the Agreement for its entire term and to satisfy its obligations thereunder. For each succeeding fiscal period, Customer agrees to include in its budget request appropriations sufficient to cover Customer's obligations under the Agreement; If Customer is appropriated insufficient funds, to continue payments under the Agreement, Customer may terminate the Agreement by giving vendor not less than 30 days prior written notice. In such case, notwithstanding anything to the contrary, Customer will pay Accela for all professional services work performed and there are no refunds on prepaid Subscription Services fees.

11.5 Effect of Termination. If this Agreement expires or is terminated for any reason: (i) within thirty (30) calendar days following the end of Customer’s final Subscription Period, upon Customer’s request, Accela will provide Customer Data and associated documents in a database dump file; provided that Customer pays (a) all costs of and associated with such copying, as calculated at Accela’s then-current time-and-materials rates, and (b) any and all unpaid amounts due to Accela; (ii) licenses and use rights granted to Customer with respect to Subscription Services and intellectual property will immediately terminate; and (iii) Accela’s obligation to provide any further services to Customer under this Agreement will immediately terminate, except as mutually agreed between the parties. If the Subscription Services are nearing expiration date or are otherwise termina ted, Accela will initiate its data retention processes, including the deletion of Customer Data from systems directly controlled by Accela.

Accela’s current Data Storage Policy can be accessed www.accela.com/terms/.

11.6 Survival. Sections 2.5 (Ownership), 4 (Confidentiality), 6.3 (Disclaimer), 8 (Limitation of Liability), 11.4 (Effect of Termination), 11.5 (Surviving Provisions), and 12 (General Provisions) will survive any termination or expiration of this Agreement.

12. INSURANCE. Accela agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All endorsements and certificates of insurance shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties.

13. GENERAL.

13.1 Notice. Except as otherwise specified in this Agreement, all notices, permissions, and approvals hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery; (ii) three days after sending registered, return receipt requested, post or; (iii) one day after sending by commercial overnight carrier. Notices will be sent to the address specified by the recipient in writing when entering into this Agreement or establishing Customer’s account for the Subscription Services.

13.2 Governing Law and Jurisdiction. This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action related to the subject matter of this Agreement will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

13.3 Compliance with Laws. Each party will comply with all applicable laws and regulations with respect to its activities under this Agreement including, but not limited to, export laws and regulations of the United States and other applicable jurisdictions. Further, in connection with the services performed under this Agreement and Customer’s use of the Subscription Services, the parties agree to comply with all applicable anti -corruption and anti-bribery laws, statutes, and regulations.

11 10/2022

1 EXHIBIT “B”
2 3
CONSULTANT shall procure and maintain for the duration of the contract insurance against 4 claims from injuries to persons or damages to property which may arise from or in connection with the 5 performance of the work hereunder and the results of that work by CONSULTANT, their agents, 6 representatives, employees or subcontractors.
7 MINIMUM SCOPE OF INSURANCE.
8 Coverage shall be at least as broad as:
9 1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of 10 this Agreement a commercial general liability insurance policy providing coverage of at least 11 one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall 12 contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers. CONSULTANT’s insurance coverage shall be 13 primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, 14 its officers, officials, employees, or volunteers shall be in excess of CONSULTANT’s 15 insurance and shall not contribute with it.
16 2. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one 17 million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal 18 injury, and property damage.
19 3. Professional Liability Coverage (Errors and Omissions) and Cyber Liability Insurance.

CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions
20 committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars 21 ($2,000,000) on a claims made annual aggregate basis or a combined single limit per 22 occurrence basis. Coverage shall also be sufficiently broad to respond to the duties and obligations as is undertaken by CONSULTANT in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. 23 4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. 24 CONSULTANT shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the 25 California Labor Code. The insurer shall also agree to waive all rights of subrogation against 26 the CITY, its officers, officials, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by Page 16 of 162 12 10/2022
27 CONSULTANT that CONSULTANT has no employees.
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13 10/2022

1 A lapse in any required insurance coverage during this Agreement shall be a 2 breach of this Agreement unless revived back to the date of termination. 3 The policies are to contain, or be endorsed to contain the following provisions:
4 1. Additional Insured. CITY, its officers, officials, employees, and volunteers are to be 5 covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, 6 or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers. 9 Except for worker's compensation and professional/cyber liability insurance, the policies mentioned 10 in this subsection shall name CITY as an additional insured. 12 2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with 13 respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk 14 pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not 15 contribute with it.
16 3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or 17 volunteers.
18 4. Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance 19 and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 20 insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City 21 Attorney. Such policies and certificates shall be in a form approved by the City Attorney. 22 5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party, the third party will have insurance coverage that is usual and customary for the service or product they are providing in relation to the Agreement.
26 27
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9110 Alcosta Blvd, Suite H #3030
San Ramon, CA, 94583
Proposed by: Brenna Sandvik
Contact Phone:

Contact Email: [email protected]
Quote ID: Q-38461
Valid Through: 1/30/2026
Currency: USD

Order Form

Address Information

Bill To: Ship To:

City of Concord Community Development Department City of Concord Community Development Department 1950 Parkside Drive, Building D 1950 Parkside Drive, Building D Concord, California 94519 Concord, California, 94519
United States United States

Billing Name: Diane Hoessl
Billing Phone: (925) 671-3380
Billing Email: [email protected]

Services Year Start Date End Date Term
(Months) Price Qty Net Total
Multi Solution User Year 1 12/21/2025 12/20/2026 12 $2,259.64 76 $171,733.00 > Accela Building - SaaS Year 1 12/21/2025 12/20/2026 12 $0.00 76 $0.00 > Accela Planning - SaaS Year 1 12/21/2025 12/20/2026 12 $0.00 76 $0.00 Enhanced Reporting Database
(ERD) Year 1 12/21/2025 12/20/2026 12 $20,064.00 1 $20,064.00 Preferred Support for SaaS Year 1 12/21/2025 12/20/2026 12 $23,968.00 1 $23,968.00 TOTAL: $215,765.00

Services Year Start Date End Date Term
(Months) Price Qty Net Total
Multi Solution User Year 2 12/21/2026 12/20/2027 12 $2,350.03 76 $178,602.32 > Accela Building - SaaS Year 2 12/21/2026 12/20/2027 12 $0.00 76 $0.00 > Accela Planning - SaaS Year 2 12/21/2026 12/20/2027 12 $0.00 76 $0.00 Enhanced Reporting Database
(ERD) Year 2 12/21/2026 12/20/2027 12 $20,866.56 1 $20,866.56 Preferred Support for SaaS Year 2 12/21/2026 12/20/2027 12 $24,926.72 1 $24,926.72 TOTAL: $224,395.60

Services Year Start Date End Date Term
(Months) Price Qty Net Total
Multi Solution User Year 3 12/21/2027 12/20/2028 12 $2,444.03 76 $185,746.41

> Accela Building - SaaS Year 3 12/21/2027 12/20/2028 12 $0.00 76 $0.00 > Accela Planning - SaaS Year 3 12/21/2027 12/20/2028 12 $0.00 76 $0.00 Enhanced Reporting Database
(ERD) Year 3 12/21/2027 12/20/2028 12 $21,701.22 1 $21,701.22 Preferred Support for SaaS Year 3 12/21/2027 12/20/2028 12 $25,923.79 1 $25,923.79 TOTAL: $233,371.42

Services Year Start Date End Date Term
(Months) Price Qty Net Total
Multi Solution User Year 4 12/21/2028 12/20/2029 12 $2,541.79 76 $193,176.27 > Accela Building - SaaS Year 4 12/21/2028 12/20/2029 12 $0.00 76 $0.00 > Accela Planning - SaaS Year 4 12/21/2028 12/20/2029 12 $0.00 76 $0.00 Enhanced Reporting Database
(ERD) Year 4 12/21/2028 12/20/2029 12 $22,569.27 1 $22,569.27 Preferred Support for SaaS Year 4 12/21/2028 12/20/2029 12 $26,960.74 1 $26,960.74 TOTAL: $242,706.28

Services Year Start Date End Date Term
(Months) Price Qty Net Total
Multi Solution User Year 5 12/21/2029 12/20/2030 12 $2,643.46 76 $200,903.32 > Accela Building - SaaS Year 5 12/21/2029 12/20/2030 12 $0.00 76 $0.00 > Accela Planning - SaaS Year 5 12/21/2029 12/20/2030 12 $0.00 76 $0.00 Enhanced Reporting Database
(ERD) Year 5 12/21/2029 12/20/2030 12 $23,472.04 1 $23,472.04 Preferred Support for SaaS Year 5 12/21/2029 12/20/2030 12 $28,039.17 1 $28,039.17 TOTAL: $252,414.53

Pricing Summary
Period Net Total
Year 1 $215,765.00
Year 2 $224,395.60
Year 3 $233,371.42
Year 4 $242,706.28
Year 5 $252,414.53

Total $1,168,652.83

Additional Terms:

1. Notwithstanding anything to the contrary, this Order Form for Subscription Services, Enhanced Reporting Database (ERD), and Managed Application Services (MAS) is governed by the applicable terms and conditions at Accela Terms

(collectively, the “Agreement”))

2. No additional or conflicting terms or conditions stated in Customer’s order documentation, including, without limitation, purchase orders, will be incorporated into or form any part of this Order Form or the governing agreement, and all such terms or conditions will be null and void.

3. All Software Licenses, Maintenance, and Subscription purchases are non-cancelable and non-refundable.

4. If Customer has a prior agreement with Accela, and this purchase is co-terming with that prior agreement, if the start date on this Order Form is before the actual delivery date of the purchase, Accela may pro- rate this purchase so that it can co-term with the prior agreement.

5. If this Order Form is executed or returned to Accela by Customer after the Order State Date above, Accela may adjust the Order Start Date and Order End Date without increasing the total price based on the date Accela activates the products and provided that the total term length does not change.

6. Pricing is based upon payment by ACH and check. Payment by credit card (including Purchase Cards) for product and services in this Order Form will be subject to a service charge of 3%. There is no service charge for ACH or check payment.

7. Customer may purchase additional licenses at the same price and for the same term as the licenses in this Order Form. Additional licenses purchased in this way will have the same annual price applicable for the purchase period and will have the same uplift and term dates as Customer’s existing licenses.

8. If Customer has Enhanced Reporting Database, pricing will be based on a percentage of SaaS Annual Contract Value. As SaaS Annual Contract Value increases/decreases based on seat count changes or annual uplift ERD pricing will be adjusted accordingly at contract renewal.

Signatures
Accela, Inc. Customer

Signature:

Signature:

Print Name:

Print Name:

Title:

Title:

Date:

Date:

Attachment 3

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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT ("Agreement") is entered into on July 1, 2025 between the City of Concord ("CITY") and Arisma Group LLC, dba Cendien Consulting, 1846 E Rosemeade Pkwy, Suite
200, Carrollton, Texas 75011 (“CONSULTANT”).

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

The
CITY desires to c ontract with CONSULTANT t o provide the professional s ervices described in
Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, T HEREFORE, IN C ONSIDERATION of the mutual covenants a nd promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on July 1, 2025 and expire on June 30, 2026.

A. Extension of Term. Upon mutual written agreement by the parties, the term o f this
Agreement may be extended for
two additional period(s) of 1 year(s) each commencing upon the expiration of the initial or extended term, subject to the same terms and conditions of this Agreement.

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

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

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

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, shall in no event shall the amount CITY pays CONSULTANT exceed Three Hundred Attachment 4

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Seventy Five dollars ($375,000) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period . It is intended
that CITY review such statement and pay CONSULTANT for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES . Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Greg Taylor, Director of the Information Technology Department. The CONSULTANT’s authorized representative is Israel Denis, President and Managing Director.

5. AMENDMENT TO AGREEMENT . This Agreemen t may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed $85,000 during the fiscal year , including the base contract amount, throughout the term of this Agreement. Any additional compensation to CONSULTANT that is $ 85,000 or more for the fiscal year, including the base contract amount, must be approved by City Council.

Consultant’s f ailure to secure CITY’s written authorization for additional compensation or

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changes to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its agents, employers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers or employees shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance. CONSULTANT shall not represent that CONSULTANT or its agents, employees or subcontractors are agents or employees of the CITY , and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

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

7. STANDARD OF PERFORMANCE. CONSULTANT rep resents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Work and that such services shall be performed in an expeditious manner, and with the degree of skill and

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care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

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

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

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

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

10. INDEMNIFICATION. CONSULTANT agrees to defend, indemnify and hold harmless the CITY, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and other litigation expenses) arising out of the CONSULTANT ’s performance under the terms of this

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Agreement. This indemnification obligation on CON SULTANT’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.

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

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

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

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

D. Compliance with State Workers' Compensation Requirements .

CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

E. Other Insurance Provisions . The policies are to contain, or be endorsed to

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

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or s elf-insurance maintained by CITY , its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

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

12. TIME OF PERFORMANCE . The time of performance of the services under this

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Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

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

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

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

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

C. Solicitations for Subcontractors including Procurement of Materials and

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Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notifie d by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin..

16. CONFLICT OF INTEREST.

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

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

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

18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the

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application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

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

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

22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this

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provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

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

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

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To CITY: Greg Taylor , Director
Information Technology Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3189
Email: [email protected]

To CONSULTANT: Israel Denis, President and Managing Director Cendien Consulting
1846 E Rosemeade Pkwy, Suite 200
Carrollton, Texas75011
Phone: (214)245-4580
Email: [email protected]

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

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

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

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

Signatures on next page

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CONSULTANT CITY OF CONCORD, a Municipal
Corporation

By:_________________________________ By:______________________________ Name: Israel Denis Name: Valerie J. Barone
Title: President and Managing Director Title City Manager Address: 1846 E Rosemeade Pkwy, Suite 200 Address: 1950 Parkside Drive Carrollton,Texas 75011 Concord, CA 94519
Telephone: (214)202-5896 Telephone: (925) 671-3150
Email: [email protected]
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 2025/2026 TO PAY THE ANTICIPATED
EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $375,000. Account Code 634-2605-1z01-63800-500.

Finance Director's Signature

City of
Concord
2025-2026 1) Managed Services Renewal:

Item Description Base Hours Hourly Rate
Managed Services Lawson Programming Services 24 hours / week
$140.00
Database
Administrator
Support
Database Support 12 hours/
week
$140.00
Overage Lawson Programming Services As needed $140.00

EXHIBIT A

Attachment 5

Attachment 6

Attachment 7

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

Order No:

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

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

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

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

CONTR: $226.97
01/30/2026-
01/29/2027
150 238.92 35,838.00 144.11 21,616.50
009 CS.INSIGHTB.SOLN CROWDSTRIKE INSIGHT - BUNDLED 01/30/2026- 01/29/2027
150 0.00 0.00 0.00 0.00
010 CS.PREVENTB.SOLN CROWDSTRIKE PREVENT - BUNDLED 01/30/2026- 01/29/2027
150 0.00 0.00 0.00 0.00
011 CS.DISCB.SOLN CROWDSTRIKE DISCOVER - BUNDLED 01/30/2026- 01/29/2027
150 0.00 0.00 0.00 0.00
Line No. Part Number MFG Description/Line Notes Dates QTY List Price Ext List Price Unit Price Ext Price
Attachment 8

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

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

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

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

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

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

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

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

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

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

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

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

Totals 1,008,964.80 115,343.05
Shipping:

Packing:

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

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

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

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

UNITED STATES

ACCOUNTS PAYABLE

CITY OF CONCORD

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

Staff Report
Date: June 23, 2026
To: City Council
From: Mindy Gentry, Director of Community Development
Reviewed by: Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Aldrich Bautista, PE, Associate Civil Engineer [email protected]
(925) 671-3028
Subject: Considering the following actions for the Newhall Park Water Quality Improvement Project (Project No. 2353), which will dredge accumulated sediment at two ponds in Newhall Park:

1. Award of a Construction Contract in the amount of
$2,846,101 to MidCal Dredging, Inc.; and a 10% project
contingency for contract change orders; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Measure V, Stormwater, and General
Funds);

2. Approve budget transfers and appropriate $2,150,000 from various projects to this project to fully fund construction; and

3. Authorize the City Engineer to accept the improvements upon completion and direct 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, 15304, and/or Public Resources Code Section 21065.

5.g5.g5.g5.g

City Council Agenda Report
Agenda Item No. 5.g
June 23, 2026
Report in Brief
The Newhall Park Water Quality Improvement (Project No. 2353) will improve the water quality at two ponds in Newhall Park by dredging accumulated sediment, removing overgrown vegetation, and installing new planting in and around the creek and park area (Project).

The Project has been designed and competitively bid; and is at the point of construction contract award. If award is approved by the City Council, project construction is expected to begin July 2026 and be completed by the end of December 2026, weather permitting.

Recommended Action

1. Award a Construction Contract in the amount of $2,846,101 to MidCal Dredging, Inc. for the Newhall Park Water Quality Improvement (Project No. 2353); and a 10% project contingency for contract change orders; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney (Measure V, Stormwater, and General Funds)

2. Approve budget transfers and appropriate $2,150,000 from various projects to this project to fully fund the construction.

3. Authorize the City Engineer to accept the improvements upon completion and direct the City Clerk to file a Notice of Completion.

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

Background
The Project will improve the water quality at the two ponds in Newhall Park which serves as irrigation water storage for the park. Staff and park visitors have noted reports of poor water quality at the two ponds, including foul odors and discoloration. Poor water quality conditions have potential negative health impacts to wildlife and sediment infill at the irrigation inlets may affect the ability to irrigate Newhall Park. The inability to be able to irrigate at Newhall Park could lead to the loss of vegetation, including the turf, which will result in additional costs to the City. The vicinity map for the Project is shown as Attachment 1.

The Project will dredge accumulated sediment and restore the two ponds on Galindo Creek to their original depth. Overgrown invasive vegetation will be removed with new planting and irrigation to be added in and around the creek and park area.

The adopted Capital Budget for Fiscal Years (FY) 2015-16 and 2016-17 included funding for preliminary studies, environmental and permit phases for the Project. A total of $750,000 was allocated comprised of $425,000 for FY 2015-16 and $325,000 for FY 2016-17.

City Council Agenda Report
Agenda Item No. 5.g
June 23, 2026
In FY 2015-16, staff evaluated the water quality conditions, developed recommendations, and began the permitting process. On April 26, 2019, an Agreement for Professional Services was executed with Nomad Ecology, LLC, to acquire regulatory permits from the United States Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), and the San Francisco Bay Regional Water Quality Control Board (Water Board) on behalf of the City. Permits for dredging were acquired in 2021 from USACE and Water Board.

On May 24, 2022, the City Council approved a Task Order for $90,451 with LCC Engineering and Surveying, Inc. for design engineering and related services for the Project. During the design phase, the estimated construction cost was found to far exceed the project budget. The Project was put on hold until additional funds could be appropriated.

The Capital Budget for FYs 2024-25 and 2025-26 included an additional $1,000,000 of Measure V funding for the construction phase of the Project allowing it to move forward.

An additional Task Order for $64,400 was issued to LCC Engineering and Surveying, Inc. to complete the design.

On April 1, 2025, the Council approved Streambed Alteration Agreement Notification No. 1600-2017-0582-R3 with the CDFW for the Project.

On May 26, 2026, the City Council rejected the sole bid received on May 7, 2026, and authorized staff to rebid the Project. The bid had numerous errors and was significantly above the engineer’s estimate. Staff revised the bid package to clarify items identified as confusing by potential bidders.

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 $1,300,000. Bids were opened on June 9, 2026. One bid was received in amount of $2,846,101 from MidCal Dredging, Inc. The basis of award for this project is the Total Bid. A summary of the bids is as follows:

Bid Schedule Engineer’s Estimate MidCal Dredging, Inc.

Base Bid Total $1,300,000 $2,846,101
MidCal was the low bidder and submitted a responsive and responsible bid. MidCal has an appropriate and valid contractor’s license and satisfactory work references.

Staff completed an analysis of MidCal’s bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, and are not on any debarred

City Council Agenda Report
Agenda Item No. 5.g
June 23, 2026
lists. MidCal is registered with the Department of Industrial Relations as required by Senate Bill (SB) 854. Staff is recommending award of the Total Bid. MidCal and their subcontractors have agreed to be bound to the Citywide Project Stabilization Agreement.

Should Council award this contract, construction is expected to start July 2026 and complete by the end of December 2026, weather permitting. The ponds will be dredged from August to October 2026.

Financial Impact
The current project budget is $1,750,000, which is comprised of previously appropriated Measure V fund (Fund 401 and Fund 490). Based on the estimated cost, insufficient funds exist in the current budget to fully fund the construction.

Staff recommends transferring and appropriating funds from the following projects into Project 2353 to fully fund the construction of the Project:

Fund Project
Number Project Name Budget Transfer
Amount
270 PJ 2442 Green Infrastructure Pilot Program
(complete) $ 40,000.00
270 PJ 2494 Commercial Circle Storm Drain $ 450,000.00 270 PJ 2512 Hillcrest Park Regional GI (complete) $ 60,000.00 270 PJ 2518 Civic Center Greening $ 150,000.00
400 PJ 2518 Civic Center Greening $ 850,000.00
490 PJ 2609 Clayton Road Pavement Rehabilitation
(complete) $ 600,000.00
Total $ 2,150,000.00
All the projects shown in the table above are either complete and their remaining fund balances are no longer needed or have balances available for transfers. As part of staff’s review of critical capital investments, Project 2518 has been identified as a project that can be deferred to the future in order to fund higher priority maintenance needs such as this Project. The design scope and associated studies related to Project 2494 are complete, and the remaining construction funding can be reallocated because it has been determined that larger-scale improvements than originally estimated will be necessary to address flooding for the greater Mount Diablo Creek region.

City Council Agenda Report
Agenda Item No. 5.g
June 23, 2026
The proposed $2,150,000 budget transfer will result in a revised total project budget of $3,900,000. A total of $500,000 was utilized for design, environmental studies, regulatory permits and fees. A total of $3,400,000 will be used for construction, construction management, inspection and testing services, environmental monitoring, and construction contingency.

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 contract award does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c) and 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and/or the statutory exemption set forth in CEQA Guidelines Section 15273 because they involve government funding/fiscal activities which do not constitute a “project”.

Even if Council action on this item did constitute a project under CEQA, it falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” In the alternative, Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves maintenance of two existing ponds, irrigation, landscaping, and minor improvements. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Summary

3. Construction Contract with MidCal Dredging, Inc.

Attachment 1
Project Location Map
Newhall Park Water Quality Improvement – Project No. 2353 Work Area

City of Concord
Bid Sheet
PROJECT #2353
Newhall Park Water Quality Project
Garden Conference Room
Engineer's Estimate: $1,300,000

COMPANY
Midcal Dredging
P.O Box 161
Templeton, CA 93465
DIR: I 000982000
Contact: Aldrich ext. 3028
Bid Opening:

Tuesday,
June 9th, 2025
2:00 p.m.

To be awarded:

TOTAL BID
$2,846, I 01.00
Attachment 2

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 MidCal Dredging, Inc. (“Contractor”), for work on the Newhall Park Water Quality Improvements, City Project No. 2353 (“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 23, 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; and

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 $2,846,101 (“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 100 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

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 $350 per hour for each hour that the Contractor performs work outside the hours of work without prior approval in writing from the City).

7. Labor Code Compliance.

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

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

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

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

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

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

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

City:

Newhall Park Water Quality Improvements
1950 Parkside Drive M/S 40
Concord, CA 94519
Attn: Aldrich Bautista, Associate Civil Engineer

[email protected]
Contractor:

Name: MidCal Dredging, Inc.

Address: 22052 Everett Avenue
City/State/Zip: Riverdale, CA 93656
Phone: (510) -639-0639
Attn: Lauren T. Oviatt, President/CFO
Email: [email protected]
Copy to:

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.]

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 $ 2,846,101.00
Account Code: 270-9500C99974200/270-235311574200
400-9500C99974200/400-235311574200
Attest: 490-9500C99974200/490-235311574200
s/_______________________________ s/_______________________________ Joelle Fockler, City Clerk Margret O’Brien, Finance Director Date: ___________________________ Date: ___________________________ CONTRACTOR: ___________________________________________________ MidCal Dredging, Inc.
s/_______________________________ Seal:
_________________________________
Lauren T. Oviatt, President/CFO
[email protected]
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Randy Thomas, CEO
[email protected]
Date: ____________________________
1095525, 08/31/2026, Class: A
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

Staff Report
Date: June 23, 2026
To: City Council
From: Mark Bustillos, Chief of Police
Prepared by: Scott Smith, Police Lieutenant
[email protected]
(925) 603-5902
Subject: Considering adoption of a Resolution accepting and appropriating funding from Contra Costa Health Services in the amount of $590,450 for the Concord Police Department’s participation in a joint outreach program for Mental Health Evaluation Team (MHET) Services, approving an Interagency Agreement with Contra Costa County Health Services and
authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

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

Report in Brief
Contra Costa Health Services – Behavioral Health Services Division/Mental Health is awarding $590,450 to the City of Concord Police Department for the Police Department’s participation in a Mental Health Evaluation Team (MHET) program for the term of January 1, 2026, through June 30, 2028. In exchange for the funds, the City will provide one unmarked police vehicle and dedicate one Officer to the program who will collaborate with a County Clinician in the implementation of the program in Central Contra Costa County.

Recommended Action
Adopt a Resolution accepting and appropriating funds in the amount of $590,450 for the Concord Police Department’s participation in a joint outreach program for MHET Services; approve an Interagency Agreement with Contra Costa County Health Services, and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

5.h5.h5.h

City Council Agenda Report
Agenda Item No. 5.h
June 23, 2026
______________________________________________________________________ Background
The Police Department continues to respond to calls for service involving individuals experiencing mental health crises, behavioral health challenges, substance use disorders, homelessness-related issues, and other complex social service needs. These calls often require specialized training, additional time, and coordination with mental health professionals and community-based service providers.

To improve the City’s response to these incidents, the Police Department has partnered with Contra Costa County’s Behavioral Health Services Division to establish a MHET program. The program pairs a sworn police officer with a licensed or qualified mental health clinician assigned through the County. The team will respond to mental health- related calls for service, provide field-based assessments, assist with de-escalation, connect individuals to appropriate services, and reduce unnecessary hospitalizations, arrests, or repeat calls for service when appropriate. The team will focus on mental health related issues in the City of Concord and Central Contra Costa County (which includes the communities of Concord, Walnut Creek, Pleasant Hill, San Ramon, Moraga, Clayton and Martinez).

Under the proposed partnership, Contra Costa County Behavioral Health Services Division will fund the cost of the officer position assigned to the team. The County will also provide or coordinate the mental health clinician assigned to work alongside the officer. This collaborative model is intended to improve outcomes for individuals in crisis while supporting public safety and reducing the impact of repeat mental health-related calls on patrol resources.

The MHET program operates Monday through Thursday from 7 a.m. to 5 p.m. Although the team is available only during traditional business hours, Contra Costa County’s A3 Program (Anyone, Anywhere, Anytime) provides 24/7 mental and behavioral health crisis response. A3 offers professional, non‑police intervention for anyone in the county experiencing a mental health or substance use crisis. When MHET is unavailable, the A3 team continues providing support to ensure round‑the‑clock coverage.

While the effective date of Contra Costa County’s interagency agreement is listed as January 1, 2026, staff delayed agreement authorization until the County could hire a clinician, which occurred in June 2026.

Analysis
The MHET program is designed to provide a more effective and coordinated response to mental health-related incidents in the community. The team will consist of one Police Department officer and one County mental health clinician working together in the field.

The officer will provide scene safety, law enforcement authority when necessary, crisis intervention support, and coordination with patrol personnel. The clinician will provide mental health assessments, crisis intervention expertise, service referrals, and coordination with County behavioral health resources. Together, the team will be able to

City Council Agenda Report
Agenda Item No. 5.h
June 23, 2026
______________________________________________________________________ evaluate individuals in crisis, determine appropriate care options, and help connect individuals with available community resources.

The primary goals of the program include:

1. Reducing the number of violent encounters between police officers and the mentally ill;

2. Reducing the number of violent incidents between community members and the mentally ill;

3. Reducing the number of preventable visits to psychiatric emergency services;

4. Facilitating access to mental health services;

5. Promoting the effective use of mental health services; and

6. Improving the quality of community life for Central Contra Costa County residents.

The County’s funding of the officer position allows the Police Department to participate in the program by placing an existing full-time Police Officer into the specialized assignment and without using City General Fund resources for the assigned officer’s salary and benefits, subject to the terms of the agreement. The Police Department will remain responsible for supervision, training, scheduling, and operational oversight of the assigned officer, while the County will maintain responsibility for the clinician and behavioral health service delivery.

The program supports the City’s broader public safety goals by providing an alternative response model for certain behavioral health-related calls and strengthening the connection between law enforcement and mental health services.

Financial Impact
Contra Costa County Behavioral Health will provide funding in an amount not to exceed $590,450 for the cost of one Police Department officer assigned to the MHET program during the term of the agreement.

The funding is intended to reimburse or offset the officer’s salary and benefits associated with the assignment. Acceptance of the funds will result in no additional impact to the City’s General Fund, except for any costs not covered under the agreement, including potential overtime, equipment, vehicle costs, training, administrative support, or other operational expenses, unless otherwise reimbursed by the County.

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”), Council action on this item does not constitute a “project” within the meaning of Public

City Council Agenda Report
Agenda Item No. 5.h
June 23, 2026
______________________________________________________________________ Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15273, and/or 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and/or the activities consist of creation of government funding mechanisms or other government fiscal activities which do not constitute a “project”. Even if Council action on this item did constitute a project under CEQA, it falls within the “common sense” exemption set forth in 14 Cal. Code Regs.

Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution accepting and appropriating funds

2. Interagency Agreement with Contra Costa County Health Services

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 Funding
from the Contra Costa County Health Services in the
Amount of $590,450 for the Concord Police
Department’s Participation in a Joint Outreach
Program for Mental Health Evaluation Team
(MHET) Services, Approving an Interagency
Agreement between the Contra Costa County Health
Services and the City of Concord Police Department,
and Authorizing the City Manager to Execute the
Agreement in a Form Acceptable to the City Attorney Resolution No. 26-XX /
WHEREAS, the County of Contra Costa Health Services – Behavioral Health Services Division/Mental Health awarded the Concord Police Department $590,450 for the Police Department’s participation in a Mental Health Evaluation Team (MHET) program; and WHEREAS, the funds will be used for the Police Department’s participation in a Mental Health Evaluation Team for the term January 1, 2026 – June 30, 2028; and WHEREAS, the Chief of Police has recommended acceptance of the funds for the Police Department’s participation in a Mental Health Evaluation Team (MHET) program.

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”), Council action on this item does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15273, and/or 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and/or the activities consist of creation of government funding mechanisms or other government fiscal activities which do not constitute a “project”. Even if Council action on this item did constitute a project under CEQA, it falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding Attachment 1

Res No. 26-XX 2
projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This determination reflects the City’s independent judgement and analysis.

Section 2. Accept these funds in the amount of $590,450.

Section 3. Authorize the appropriation and use of these funds for expenditure on the Police Department’s participation in a Mental Health Evaluation Team (MHET) program.

Section 4. Authorize the City Manager and Chief of Police to execute any agreements and or/other materials as necessary to meet the program goals and expend such funds, subject to 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 23, 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 23, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Docusign Envelope ID: C0C4C007-16A4-460C-A696-6D297DD1595D Contra Costa
County
Standard Form
A-4 Revised
2014 1. Contract Identification.

INIERAGENCY AGREEMENT
(Agency Provides Seivices)
Nwnber 74-764
Fund/Org # As Coded
Account # As Coded
Other # ____ _
Health Services - Behavioral Health Services Division/Mental Health Departme nt:

Subject:
lnteragency Agreement between Contra Costa County and Agency named below for Mental Health Evaluation Team (MHET) Services

2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Agency mutually agree and promise as follows:

Agency:

Capacity:

CITY OF CONCORD, FOR ITS POLICE DEPARTMENT (Hereinafter "Agency") Government Agency
Legal Address: 1350 Galindo Street, Concord, California 94520

3. Term. The effective date of this Agreement is January 1, 2026, and it terminates on Tune 30, 2028 unless sooner terminated as provided herein.

4. Payment Limit. County's total payments to Agency under this Agreement shall not exceed $ 590,450.

5. County's Obligations. County shall pay Agency for its provision of the services as set forth in the attached Payment Provisions, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

6. Agency's Obligations. Agency shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

7. General and Special Conditions. This Agreement is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference.

8. Project. This Agreement implements in whole or in part the following described Project, the application and approval document-; of which are incorporated herein by reference: Not Applicable

9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: __ _ California Government Code §§ 26227 and 31000.

10. Signatures. These signatures attest the parties' agreement hereto:

COUN1Y OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors By __________________ _ By_-----=xxxxxxxx==c.=cc.===-=xxx-===c..=xxxxxxxxxxx=-======c..=c..==-==.cxxx=-=---- Chairman/Designee �
·AGENCY
By __________________ _ By __________________ _
(Signature of authorized Agency Representative) (Signature of authorized Agency Representative) (Print name and title A) (Print name and title B)
Form AA (Page 1 of 1)
Attachment 2

Staff Report
Date: June 23, 2026
To: City Council
From: Mindy Gentry, Community Development Director
Reviewed by: Carlton Thompson, P.E., City Engineer
Bernard Enrile, P.E., Senior Civil Engineer
Prepared by: Mitra Abkenari, Associate Civil Engineer
[email protected]
(925) 671-3439
Subject: Considering adoption of a Resolution approving the Final Map for Subdivision 9434, Walnut Grove (Assessor's Parcel
Number 147-251-017).

CEQA: Previously determined to be categorically exempt
pursuant to CEQA Guidelines Section 15332 “In-fill
Development Projects” and is not a project pursuant to Public Resources Code 21083.3 and CEQA Guidelines Section
15268(b)(3).

Report in Brief
The Walnut Grove Residential Subdivision project proposes the construction of 14 single-family homes on a 1.34-acre site on Mohr Lane. Private drainage easements for the treatment and conveyance of stormwater, as well as a access and utility easement for a new private road, will be located across the 14 lots. The applicant for the project, Walnut Grove of Concord, has prepared a Final Subdivision Map and Subdivision Improvement Plans that substantially conform to the Tentative Subdivision Map titled “Walnut Grove Subdivision.” The applicant requests City Council approval of the Final Map before completing all public improvements required by the conditions of approval of the Tentative Map and wishes to enter into an agreement for the completion of the improvements within two years.

5.i5.i5.i5.i

City Council Agenda Report
Agenda Item No. 5.i
June 23, 2026
Recommended Action
Adopt a Resolution approving the Final Map for Subdivision 9434, Walnut Grove (Assessor’s Parcel No. 147-251-017).

Background
On December 12, 2020, the applicant submitted a formal application for a Tentative Map, Design and Site Review, and Tree Removal Permit was submitted to allow the creation of a 14-lot residential subdivision at Mohr Lane. The site consisted of a 1.34 acre parcel. On July 20, 2022, the Planning Commission approved with conditions and findings the Tentative Map, Design and Site Review, and Tree Removal Permit (PL20161- TM, DR, RT).

On October 2, 2024, the Planning Commission granted the project a two-year extension of its approvals or until October 14, 2026, unless construction has diligently commenced.

Analysis
Pursuant to Government Code Section 66474.1, the City may not deny approval of a Final Map if the City finds that the Final Map is in substantial compliance with a Tentative Map that had been previously approved by the City. Formal approval of the Final Map is considered a “ministerial act” and the Council has no discretion to disapprove the Final Map in the absence of fraud, if the Final Map is deemed to be in substantial compliance with the Tentative Map.

The City Engineer certifies that the Final Map is in substantial compliance with all applicable provisions of the Tentative Map titled “Walnut Grove Subdivision”, approved by the Planning Commission on July 20, 2022, that it complies with the applicable provisions of the Subdivision Map Act and Concord Municipal Code (CMC), and that the Final Map is technically correct.

The project is subject to Senate Bill (SB) 330, also called the Housing Crisis Act of 2019, which granted the project certain protections. Jurisdictions can only apply objective development/design standards to these projects and cannot deny the project or impose conditions to lower the density unless the project would result in an unavoidable specific, adverse impact on public health and safety. The project filed a preliminary application on January 9, 2022, vesting the development and impact fees and development standards that were in place at the time of the preliminary application.

Walnut Grove requests approval of the Final Map before completing the public and other improvements required to serve the subdivision as outlined in the conditions of approval of the tentative map. In addition, the applicant wishes to enter into an agreement for the completion of the public and other improvements within two years (“Subdivision Improvement Agreement”) and to provide security for the performance of its obligations (“Performance Security”). Pursuant to CMC Section 17.20.100, before the

City Council Agenda Report
Agenda Item No. 5.i
June 23, 2026
City may approve a final map, the subdivider shall enter into an agreement with the City assuring the completion of the subdivision within the specified time. The agreement shall be approved by the City Engineer, in a form approved by the City Attorney.

The conditions of approval require the subdivider to enter into an agreement for the maintenance of private improvements including the private drive and associated utilities, common area landscaping, and landscaping along the easterly project boundary (“Private Maintenance Agreement”). The conditions of approval also require the subdivider to install permanent features that regulate the outflow and prevent the pollution of stormwater runoff from the project site and enter into an agreement for the operation, maintenance, and preservation of the stormwater treatment measures (“Stormwater Maintenance Agreement”). Once executed by the applicant and City Manager, in a form approved by the City Attorney, these agreements shall be recorded against the subject property. The conditions of approval also require the subdivider enter into an affordable housing agreement with the City. The Developer shall provide two units affordable to low‐income households and one unit affordable to moderate‐income households.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended, and implementing State Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the Planning Commission determined in July 2022 the project to be categorically exempt pursuant to Section 15332 “In-Fill Development Projects.” The project is in compliance with the review an No appeals were filed, and all statute of limitations have expired.

The Final Map is consistent with the project that was analyzed, and no changes or revisions are proposed for the project, and all findings, terms, and conditions of approval remain in full force and effect. Moreover, the Final Map is exempt pursuant to CEQA Guidelines Section 15268(b)(3) “Ministerial Projects,” because the action of approving the final map is considered ministerial, therefore, no further environmental review is required. This reflects the City’s independent judgement and analysis.

Financial Impact
The subdivider has paid the fees and charges required for the improvement plan reviews and inspections. The water system improvements constructed to serve the project will be owned and maintained by the Contra Costa Water District. The City will accept the street improvements constructed within the public right-of-way on Mohr Lane upon completion of the subdivision improvements. The private sewer, private storm drain, and other utilities within the private drive, as well as utility connections serving the subdivision within the public right of way will be maintained by the Homeowners’ Association (HOA).

City Council Agenda Report
Agenda Item No. 5.i
June 23, 2026
Public Contact
The City Council Agenda was posted.

Attachments

1. Vicinity Map

2. Resolution approving final map for Subdivision 9434, Walnut Grove

3. Final Subdivision Map

Mohr Lane

VICINITY MAP
Attachment 1
NORTH
Not to Scale
APN 147-251-017

Res No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution of the City Council of Concord to
Approving the Final Map for Subdivision 9434,
Walnut Grove, Assessor's Parcel No. 147-251-017
Resolution No. 26-XX
/
WHEREAS, on July 20, 2022, the City of Concord Planning Commission approved with conditions and findings the Walnut Grove Subdivision Tentative Map, Design and Site Review, and Tree Removal Permit (PL20161- TM, DR, RT); and
WHEREAS, on August 2, 2022, the City of Concord Planning Commission decision become effective upon appeal period; and
WHEREAS, the subdivision proposes to subdivide Assessor’s Parcel Number 147-251-017 into a 14-lot, single-family home development; and
WHEREAS, on March 14, 2023, the City Council approved the street name for Walnut Grove Subdivision (No. 9434) as “Hunter Court”; and
WHEREAS, on October 2, 2024, the Planning Commission approved a two-year extension of the approvals for the project; and
WHEREAS, the City Engineer has certified that the Final Map conforms to the approved Tentative Map, and that it is technically correct; and
WHEREAS, the developer has complied with all applicable conditions of approval established by the Planning Commission for this Subdivision prior to Final Map approval; and WHEREAS, the conditions of approval require the developer to install permanent features that prevent the pollution of stormwater runoff from the project site and enter into an agreement for the operation, maintenance and preservation of the stormwater treatment measures (“Stormwater Maintenance Agreement”), establish a homeowners association (“HOA”), record certain covenants, conditions and restrictions against the subdivision (“CC&Rs”), and enter into an agreement for the maintenance of private improvements (“Private Maintenance Agreement”) including the private street, storm drain outside of the public right-of-way and within private storm drain easements, street lights, Attachment 2

Res No. 26-XX 2
and other private improvements pursuant to CMC Section 18.160 (Streets); and WHEREAS, the developer has requested approval of the Final Map before completing the required improvements and wishes to enter into an agreement for the completion of those required improvements within two (2) years (“Subdivision Improvement Agreement”) and provide security for the performance of its obligations (“Performance Security”);

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

Section 1. Approves the Final Map of Subdivision 9434 and directs the City Clerk, Planning Manager, and City Engineer to sign the Final Map on behalf of the City and authorizes recordation of the Final Map.

Section 2. The City Clerk shall cause a certified copy of this resolution attested to under her seal to be recorded in the Office of the Contra Costa County Recorder.

Section 3. This resolution shall be effective immediately upon its passage and adoption. //
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//
//
//
//
//
//
//
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Res No. 26-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on June 23, 2026, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 20-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 23, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
cc: Office of the Contra Costa County Recorder
West Coast Land Development, Inc.

Attachment 3

SUBDIVISION 4000
132 MAPS 39
SUBDIVISION 4072
133 MAPS 38
SUBDIVISION 7077
329 MAPS 34

PARCEL MAP
MS 401-01
181 MAPS 17

SOCCER COURT

WICKET COURT

RUGBY COURT

MOHR LANE
PARCEL MAP 404-18
214 P.M. 49
PARCEL MAP 401-20
217 P.M. 29

MOHR LANE

HUNTER COURT

HUNTER COURT

MOHR LANE

HUNTER COURT

HUNTER COURT

Staff Report
Date: June 23, 2026
To: City Council
From: Mindy Gentry, Community Development Director
Reviewed by: Carlton Thompson, P.E., City Engineer
Bernard Enrile, P.E., Senior Civil Engineer
Prepared by: Mitra Abkenari, Associate Civil Engineer
[email protected]
(925) 671-3439
Subject: Considering adoption of (1) a Resolution Declaring 1,000 Square Feet of Right of Way at the Southern End of Helena Drive (the “Exempt Surplus Property”) to be Exempt Surplus Land Pursuant to Government Code Section 54221(f)(1)(E) and taking related actions, including executing a quitclaim to transfer any ownership and maintenance obligations in the Exempt Surplus Property to the new development; and (2) a Resolution approving the Final Map for Subdivision 9676, Alcott Village (Assessor's Parcel Number 117-120-077) and vacation and dedication of a portion of Helena Drive.

CEQA: Previously determined to be consistent with the
General Plan and zoning, pursuant to Public Resources Code 21083.3 and CEQA Guidelines Section 15183 (Projects
Consistent with a Community Plan or Zoning) and not a
project pursuant to CEQA Guidelines Section 15268(b)(3).

Report in Brief
The Alcott Village Residential Subdivision project proposes to construct 40 single-family homes on a 4.98-acre site at 5291 Concord Boulevard, of which approximately 0.4 acres will be used for private drainage easements for the treatment and conveyance of stormwater, 0.12 acres for an access and utility easement which includes a new private road, and 0.16 acres for common areas. The applicant, Alcott Village of Concord, has prepared a Final Subdivision Map and Subdivision Improvement Plans consistent with

5.j5.j5.j5.j5.j5.j

City Council Agenda Report
Agenda Item No. 5.j
June 23, 2026
the Vesting Tentative Subdivision Map titled “Bird Subdivision” and facilitates compliance with Condition of Approval #5 of the entitlement approvals, which called for working with the City to obtain authorization to install an appropriate and feasible solution to restrict vehicular access into the subdivision via Helena Drive. The applicant requests City Council approval of the Final Map before completing all public improvements required by the conditions of approval of the Vesting Tentative Map and wishes to enter into an agreement for the completion of the improvements within two years.

Recommended Action
Adopt (1) a Resolution declaring 1,000 square feet of right of way at the southern end of Helena Drive (the “Exempt Surplus Property”) to be exempt surplus land pursuant to Government Code Section 54221(f)(1)(E) and taking related actions, including executing a quitclaim to transfer any ownership and related maintenance obligations in the Exempt Surplus Property to the new development (Attachment 1); and (2) a Resolution approving the Final Map for Subdivision 9676, Alcott Village (Assessor’s Parcel No. 117-120-077) and vacation and dedication of a portion of Helena Drive (Attachment 2).

Background
On February 13, 2024, the applicant submitted an application for a Vesting Tentative Map, Planned Development Use Permit, Design and Site Review, Tree Removal Permit for a 40-lot residential subdivision at 5291 Concord Boulevard. The site consists of a single 4.98-acre parcel (Attachment 2).

On August 6, 2025, the Planning Commission approved with conditions and findings the Vesting Tentative Map, Planned Development Use Permit, Design and Site Review, and Tree Removal Permit (PL24021- TM, UP, DR, RT).

Analysis
The City Engineer certifies that the Final Map is consistent with all applicable provisions of the Vesting Tentative Map titled “Bird Subdivision”, approved by the Planning Commission on August 6, 2025, complies with the applicable provisions of the Subdivision Map Act and Concord Municipal Code (CMC), and that the Final Map is technically correct.

The project is also subject to Senate Bill (SB) 330, the Housing Crisis Act of 2019, which granted the project certain protections. Jurisdictions can only apply objective development/design standards to these projects and cannot deny the project or impose conditions to lower the density unless the project would result in an unavoidable specific, adverse impact on public health and safety. The project filed a preliminary application on February 13, 2024, vesting the development and impact fees and development standards that were in place at the time of the preliminary application. The project proposes lots less than 6,000 square feet using CMC Chapter 18.155

City Council Agenda Report
Agenda Item No. 5.j
June 23, 2026
(Standards for Small Lot and Medium Density Development). The project complies with all small lot development standards.

The applicant requests approval of the Final Map before completing the public and other improvements required to serve the subdivision, and as outlined in the conditions of approval of the Vesting Tentative Map. In addition, the applicant wishes to enter into an agreement for the completion of the public and other improvements within two years (“Subdivision Improvement Agreement”) and to provide security for the performance of its obligations (“Performance Security”). Pursuant to CMC Section 17.20.100, before the City may approve a Final Map, the subdivider shall enter into an agreement with the City assuring the completion of the subdivision within the specified time. The agreement shall be approved by the City Engineer, in a form approved by the City Attorney.

The conditions of approval require the subdivider to enter into an agreement for the maintenance of private improvements including the private drive and associated utilities, common area landscaping, and landscaping along the southern project boundary (“Private Maintenance Agreement”). The conditions of approval also require the subdivider to install permanent features that regulate the outflow and prevent the pollution of stormwater runoff from the project site and enter into an agreement for the operation, maintenance, and preservation of the stormwater treatment measures (“Stormwater Maintenance Agreement”). Once executed by the applicant and City Manager, in a form approved by the City Attorney these agreements shall be recorded against the subject project. The conditions of approval also require the subdivider to enter into an affordable housing agreement with the City. The Developer is required to provide 6% of the total number of units in the project, or 2.4 units, as for sale units affordable to low-income households.

To allow for vehicular access from Helena Drive into the new private road to be restricted to emergency vehicles only and provide for long-term efficiency in maintaining the area, a 20-foot by 50-foot-wide, or 1,000 square feet, portion of Helena Drive is proposed to be quitclaimed to the subdivision and vacated by the Final Map. Helena Drive currently terminates at the subject property line and will remain closed, with removable bollards installed to restrict daily vehicular traffic. However, the roadway will provide bicycle and pedestrian access, as well as emergency access for the Contra Costa Fire Protection District. On April 15, 2026, the Planning Commission determined the vacation of Helena Drive to be consistent with the General Plan.

Council is being asked to find the 1,000 square feet on the southern end of Helena Drive exempt surplus land under the Surplus Lands Act and quitclaim the City’s interest in this area to the developer after compliance with requisite noticing to the California Department of Housing and Community Development. The property owner on the other side of Helena Drive is also quitclaiming their interest in the new development to ensure unity of ownership over the new roadway and thereby allow for the long-term maintenance obligations to be the responsibility of the homeowner’s association.

City Council Agenda Report
Agenda Item No. 5.j
June 23, 2026
Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the Planning Commission previously determined on August 6, 2025, as part of its review and approval of the project, the Planning Commission determined the project to be consistent with the development density established by the existing zoning, community plan, or General Plan policies for which an Environmental Impact Report (EIR) was previously certified, pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183. No appeals were filed, and all statute of limitations have expired.

The Final Map is consistent with the project that was analyzed, and no changes or revisions are proposed for the project, and all findings, terms, and conditions of approval remain in full force and effect. This reflects the City’s independent judgement and analysis.

Financial Impact
The subdivider has paid the fees and charges required for the improvement plan reviews and inspections. The water system improvements constructed to serve the project will be owned and maintained by the Contra Costa Water District. The City will accept the street improvements constructed within the public right-of-way on Concord Boulevard upon completion of the subdivision improvements. The private sewer, private storm drain, and other utilities within the private road, as well as utility connections serving the subdivision within the public right of way will be maintained by the Homeowners’ Association (HOA).

Public Contact
The City Council Agenda was posted.

Attachments

1. Vicinity Map

2. Resolution – Exempt Surplus Land and Quitclaim
Exhibit A – Legal description of the exempt surplus property Exhibit B – Plat Map of the exempt surplus property

3. Resolution – Approving Final Map

4. Final Subdivision Map

Attachment 1

VICINITY MAP
5291 Concord Blvd. APN 117-120-077
NORTH
Not to Scale
Site

Attachment 2

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Declaring 1,000 Square Feet of Right of
Way at the Southern End of Helena Drive to be
Surplus Land Pursuant to Government Code Section
54221(f)(1)(E) and Taking Related Actions, Including
the Subsequent Execution of a Quitclaim to Transfer
the Exempt Surplus Property
Resolution No. 26-XX
/
WHEREAS, the Surplus Lands Act (“SLA”), Government Code Sections 54220-54232, establishes a process that local agencies such as the City of Concord (“City”) must follow to dispose of surplus land and exempt surplus land; and
WHEREAS, the SLA defines “surplus land” as “[…] land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency's use” (Government Code Section 54221(b)(1)); and
WHEREAS, the SLA further defines “exempt surplus land” as including any surplus land that is a former street, right-of-way, or easement, and is conveyed to an owner of an adjacent property (Government Code Section 54221(f)(1)(E)); and
WHEREAS, Offer of Dedication No. 1598 (Street and Highway Purposes) dated June 18, 1984, recorded July 16, 1984 in Book 11882, Page 396 of Official Records of Contra Costa County, California (“Official Records”), dedicated to the City for street and highway purposes, certain real property constituting a portion of Helena Drive, as more particularly described therein (the “Offer of Dedication”); and
WHEREAS, the City initially accepted the Offer of Dedication for recordation purposes only pursuant to that certain Authorization for Acceptance of Offer of Dedication for Recordation Purposes Only dated July 11, 1984, recorded July 16, 1984 in Book 11882, Page 396 of Official Records (the “Recordation Authorization”), and thereafter formally accepted the Offer of Dedication by that Acceptance of Dedication No. 1598 recorded September 8, 1986 in Book 13107, Page 792 of Official Records; and

Res. No. 26-XX 2
WHEREAS, the Developer presented a small lot development with 40 single-family dwellings originally entitled the Bird Subdivision and subsequently renamed the Alcott Village Subdivision (the “Project”) under California’s Housing Accountability Act (“HAA”; Government Code Section 65589.5), which generally prohibits the denial of multi-unit housing projects due to non- compliance with subjective design standards; and
WHEREAS, the Project provided for a private roadway to be maintained by the HOA with emergency vehicle access (“EVA”) from Helena Drive; and WHEREAS, the private roadway’s proposed layout utilized a portion of Helena Drive; and WHEREAS, on August 6, 2025, the Planning Commission approved the Project subject to the Conditions of Approval (“COA”), including COA #5, which ensured the Developer would address the City’s concerns related to the connection to Helena Drive; and WHEREAS, City staff evaluated the EVA via Helena Drive, including input from Contra Costa County Fire Protection District, and determined the access, Project, and City’s interests would be best served by a rolling curb along with bollards to limit access to emergency vehicles; and WHEREAS, the long term maintenance and liability obligations will be most effectively and efficiently addressed through a unity of ownership of the private street and curb between Helena Drive and that private street by vacating and quitclaiming the City’s interests in the last 20 feet of the 50 foot wide southern end of Helena Drive as legally described and depicted in Exhibit A and Exhibit B respectively (“Exempt Surplus Property”), which will subsequently be maintained by the homeowners association (“HOA”); and
WHEREAS, the City, by separate resolution, is approving Subdivision 9676 “Alcott Village,” which in accordance with Government Code Section 66434(g), abandons and vacates the City’s right of way interest in the Exempt Surplus Property by Final Map upon completion of the SLA process (Citizens for Responsible Equitable Env't Dev. v. City of San Diego (2010) 184 Cal. App. 4th 1032, 1045); and
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Res. No. 26-XX 3
WHEREAS, the neighboring property owner bordering the west side of that portion of Helena Drive has also quitclaimed any underlying interest in the Excess Surplus Property to the Developer as there is ambiguity whether the Dedication Instrument intended a transfer in fee or right-of-way; and WHEREAS, City staff recommends the Exempt Surplus Property be declared exempt surplus land and the City’s interests disposed of by quitclaim to the Developer after full compliance with the SLA for the reasons set forth above;

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

Section 1. The above recitals are true and correct and are a substantive part of this resolution.

The accompanying staff report dated June 23, 2026 is incorporated herein and also a substantive part of this Resolution. Such recitals and staff report constitute findings for the purpose of this Resolution.

Section 2. The City Council hereby declares the Exempt Surplus Property as exempt surplus land under Government Code Section 54221(f)(1)(E) of the SLA and no longer necessary for the City’s use. The bases for this declaration are set forth in the recitals and staff report dated June 23, 2026.

Section 3. The City Manager or designee(s) are hereby authorized to take actions deemed necessary or desirable to effectuate the purposes of this resolution and comply with the SLA, including preparing and transmitting this resolution and any other appropriate notice to the California Department of Housing and Community Development (“HCD”).

Section 4. The City Manager is further authorized to execute a quitclaim of the Vacated Property upon receiving a response from HCD confirming the City’s exempt surplus land determination or 30 days have passed since the City notices HCD of its determination in accordance SLA Guidelines Section 400(e). The City Clerk shall maintain (1) a copy of the City’s notice to HCD called for by this resolution and (2) any response issued by HCD within 30 days of issuing that notice or a declaration noting that no response was received within 30 days.

Section 5. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State Guidelines, Title 14, Chapter 3 of the

Res. No. 26-XX 4
California Code of Regulations (collectively, “CEQA”), the Planning Commission previously determined on August 6, 2025, as part of its review and approval of the project, the Planning Commission determined the project to be consistent with the development density established by the existing zoning, community plan, or General Plan policies for which an Environmental Impact Report (EIR) was previously certified, pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183. No appeals were filed, and all statutes of limitations have expired.

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 23, 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 23, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachments:

Exhibit A – Legal Description of the Exempt Surplus Property Exhibit B – Plat Map of the Exempt Surplus Property

Res No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution of the City Council of Concord to
Approving the Final Map for Subdivision 9676, Alcott
Village, Including the Vacation of a Portion of Helena
Drive.

Resolution No. 26-XX
/
WHEREAS, on August 6, 2025, the City of Concord Planning Commission approved with conditions and findings the Alcott Village Subdivision Tentative Map, Design Review, and Tree Removal (PL24021- TM, UP, DR, RT); and
WHEREAS, on August 16, 2025, the City of Concord Planning Commission decision became effective upon appeal period; and
WHEREAS, the subdivision proposes to subdivide Assessor’s Parcel Number 117-120-077, along with 1,000 square feet at the southern end of Helena Drive that is being quitclaimed and vacated by the City into a 40-lot, single-family home development; and WHEREAS, “Street B” on the final map is a temporary street name place holder and the official street name is scheduled for decision by Council by a separate agenda item on June 23, 2026; and
WHEREAS, the City Engineer has certified that the Final Map conforms to the approved Vesting Tentative Map, and that it is technically correct; and WHEREAS, the developer has complied with all applicable conditions of approval established by the Planning Commission for this subdivision prior to Final Map approval; and WHEREAS, the conditions of approval require the developer to install permanent features that prevent the pollution of stormwater runoff from the project site and enter into an agreement for the operation, maintenance and preservation of the stormwater treatment measures (“Stormwater Maintenance Agreement”), establish a homeowners association (“HOA”), record certain covenants, conditions and restrictions against the subdivision (“CC&Rs”), and enter into an agreement for the maintenance of private improvements (“Private Maintenance Agreement”) including the private street, Attachment 3

Res No. 26-XX 2
storm drain outside of the public right of way and within private storm drain easements, street lights, and other private improvements pursuant to CMC Section 18.160 (Streets); and WHEREAS, the developer has requested approval of the Final Map before completing the required improvements and wishes to enter into an agreement for the completion of those required improvements within two (2) years (“Subdivision Improvement Agreement”) and provide security for the performance of its obligations (“Performance Security”); and WHEREAS, the City has offered vacation to the developer of a twenty-foot by fifty-foot street section along Helena Drive as identified on the Final Map; and WHEREAS, the developer has signed the Subdivision Improvement Agreement, posted the Performance Security, signed the Private Maintenance Agreement, paid the applicable fees, and is in the process of establishing the HOA and finalizing the CC&Rs and Stormwater Maintenance Agreement.

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

Section 1. Approves the Final Map of Subdivision 9676 and directs the City Clerk, Planning Manager, and City Engineer to sign the Final Map on behalf of the City and authorizes recordation of the Final Map.

Section 2. The City Clerk shall cause a certified copy of this resolution attested to under her seal to be recorded in the Office of the Contra Costa County Recorder.

Section 5. This resolution shall be effective immediately after (1) the City’s receipt of a response from HCD confirming the City’s exempt surplus land determination or 30 days have passed since the City notices HCD of its determination in accordance SLA Guidelines Section 400(e) and (2) the City Manager’s execution of a quitclaim of the Exempt Surplus Property, which is authorized by a separate resolution approved on June 23, 2026. The City Clerk shall attach (1) a copy of the City’s notice to HCD to this resolution and (2) any response issued by HCD within 30 days of issuing that notice or a declaration noting that no response was received within 30 days.. //
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Res No. 26-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on June 23, 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 23, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
cc: Office of the Contra Costa County Recorder
Civic Property Group, LLC

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Attachment 4

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Staff Report
Date: June 23, 2026
To: City Council
From: Mindy Gentry, Director of Community Development
Prepared by: Meredith Rupp, Principal Planner
[email protected]
(925) 603-5890
Subject: Considering adoption of a Resolution approving the street name "Tappin Loop" for Alcott Village Subdivision,
Subdivision No. 9676 located at 5291 Concord Boulevard.

CEQA: Previously determined to be consistent with the
General Plan and zoning, pursuant to Public Resources Code 21083.3 and CEQA Guidelines Section 15183 (Projects
Consistent with a Community Plan or Zoning) and not a
project/exempt under Public Resources Code 21065, CEQA
Guidelines Sections 15060(c)(2), 15060(c)(3), 15378, and/or 15061(b)(3).

Report in Brief
On August 6, 2025, the Planning Commission approved various entitlements1 for a small lot development (previously “Bird Subdivision,” now “Alcott Village Subdivision”) with 40 single-family detached homes on a 5-acre site located at 5291 Concord Boulevard (“Project”). Per the City’s Subdivision Ordinance and street naming procedures, proposed street names for a subdivision are to be reviewed and approved by the City Council (Council). Concurrent with Council’s consideration of the street name, via a separate agenda item, Council is also considering the Final Map for the Project, with a placeholder name for the street being used pending the Council’s decision.
1 Vesting Tentative Map, Planned Unit Development Use Permit, Design and Site Review, and Tree Removal Permit.

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City Council Agenda Report
Agenda Item No. 5.k
June 23, 2026
Recommended Action
Adopt a Resolution (Attachment 1) approving the street name “Tappin Loop” for Alcott Village Subdivision, Subdivision No. 9676, located at 5291 Concord Boulevard.

Background
On August 6, 2025, the Planning Commission conditionally approved the Project. On February 13, 2026, the Project developer, DeNova Homes, submitted a street name request for the Project’s new streets as required by the conditions of approval. On February 13, 2026, the Planning Division forwarded the request to the City’s street naming committee, which reviews new development proposals in Concord, and includes internal City departments, neighboring cities, cable providers, the Chamber of Commerce, Central Contra Costa Transportation Authority, Contra Costa County Fire Protection District, Contra Costa Water District, PG&E, and the U.S. Postal Service.

At the same meeting as this street naming request, the City Council is also considering approval of the Final Map for Subdivision No. 9676 but as a separate agenda item. The subdivision is served by one street that is accessed from Concord Boulevard and loops around the entirety of the subdivision (see Exhibit A of Attachment 1). The applicant has proposed the name “Tappin Loop” for this street. If “Tappin Loop” is not acceptable, the applicant has proposed “Alcott Loop” or “Alcott Circle” as alternative names.

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

No substantive comments were received from the City’s street naming committee and staff is recommending approval of the requested “Tappin Loop.” Financial Impact
The selection of street names has no fiscal impact on the City.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the Planning Commission previously determined on August 6, 2025, as part of its review and approval of the Project, that no further environmental review was required pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning). A Notice of Determination was filed on August 20, 2025. The subject street name does not change the Project, and all findings,

City Council Agenda Report
Agenda Item No. 5.k
June 23, 2026
terms, and/or conditions of approval remain in full force and effect. Accordingly, the naming of a street does not constitute a “project” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), or 15378 because there is no potential that the activity will result in a reasonably foreseeable indirect or direct physical change in the environment. Even if the street naming did constitute a project under CEQA, it falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” Therefore, the proposed street naming does not warrant further environmental review. This reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachment

1. City Council Resolution approving the street name “Tappin Loop” Exhibit A – Street Name Exhibit

Res No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Street Name
“Tappin Loop” for Alcott Village Subdivision,
Subdivision No. 9676 Located at 5291 Concord
Boulevard
Resolution No. 26-XX
/
WHEREAS, on July 11, 2017, the City Council adopted Ordinance No. 17-9 amending the Subdivision Ordinance, requiring the City Council’s review and approval of street naming for all subdivisions; and
WHEREAS, on August 6, 2025, the Planning Commission adopted Resolution No. 25-11PC approving the Bird Subdivision Vesting Tentative Map, Planned Development Use Permit, Design and Site Review, and Tree Removal Permit for a small lot development with 40 single-family detached homes on a 5-acre site located at 5291 Concord Boulevard (referred to hereinafter as the “Project”); and
WHEREAS, on February 13, 2026, the Project developer, DeNova Homes, submitted a request for new street names for the Project, and that same day the item was routed to the City’s street naming committee, which reviews new development proposals in Concord, and includes internal City departments, neighboring cities, cable providers, the Chamber of Commerce, Central Contra Costa Transportation Authority, Contra Costa County Fire Protection District, Contra Costa Water District, PG&E, and the U.S. Postal Service; and
WHEREAS, the provisions of Section 17.20.030(b)(17) of the Concord Municipal Code regarding street names have been satisfied; and
WHEREAS, no substantive comments regarding the preferred street names were received from the City’s street naming committee; and
WHEREAS, on June 23, 2026, the City Council is concurrently considering the approval of the Final Map for the Project; and WHEREAS, the proposed street name “Tappin Loop” is being brought to the City Council for review and approval, in conformance with the Subdivision Ordinance; Attachment 1

Res No. 26-XX 2
and
WHEREAS, on June 23, 2026, the City Council, at a duly-notice regular meeting, considered and reviewed the proposed street name; and
WHEREAS, on June 23, 2026, after consideration of all pertinent plans, documents, reports, and oral and written testimony received at the public meeting, the City Council declared its intent to approve the street name “Tappin Loop” for Subdivision No. 9676.

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

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

Section 2. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the Planning Commission previously determined on August 6, 2025, as part of its review and approval of the Project, that no further environmental review was required pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning). A Notice of Determination was filed on August 20, 2025. The subject street name does not change the Project, and all findings, terms, and/or conditions of approval remain in full force and effect. Accordingly, the naming of a street does not constitute a “project” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), or 15378 because there is no potential that the activity will result in a reasonably foreseeable indirect or direct physical change in the environment. Even if the street naming did constitute a project under CEQA, it falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” Therefore, the proposed street naming does not warrant further environmental review. This reflects the City’s independent judgment and analysis.

Res No. 26-XX 3
Section 3. The City Council has reviewed, considered, and evaluated all of the pertinent information prior to acting upon this Resolution.

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

Section 5. The City Council hereby approves the street name as “Tappin Loop” for Subdivision 9729 on the Final Map (Exhibit A).

Section 6. This Resolution shall become effective immediately upon its passage and adoption and shall remain effective until amended, superseded, or repealed by a separate resolution adopted by the City Council.
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Res No. 26-XX 4
PASSED AND ADOPTED by the City Council of the City of Concord on June 23, 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 23, 2026.

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

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Exhibit A

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Staff Report
Date: June 23, 2026
To: City Council
From: Guy Bjerke, Director of Economic Development and Base Reuse [email protected]
(925) 671-3076
Subject: Considering adoption of a Resolution accepting the Concord Tourism Improvement District's 2024-2025 Annual Report.

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

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

The CTID was created to increase the number of hotel room rental nights booked. The Executive Director of the CTID reports that Visit Concord’s efforts made the following Direct Travel Impacts in 2024-2025:
• Overnight Visitor volume (person-trips) decreased 1.2% from 546,400 visitors in 2024 to 539,700 visitors in 2025.
• Visitor spending was $211.6 million in 2025; a 0.2% decrease compared to the previous year.
• Direct earnings (wages, benefits, and proprietor income generated by travel) grew 4.4%, from $85.0 million in 2024 to $88.8 million in 2025. • Direct travel generated employment gained approximately 20 jobs in 2025; a

0.9% increase compared to the previous year.
• Tax revenue generated by visitor spending totaled $16.6 million in 2025, a 0.6% decrease compared to 2024.

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

City Council Agenda Report
Agenda Item No. 6.a
June 23, 2026
• In 2025, visitors spent $211.6 million, a 0.2% decrease compared to the previous year.

Please see the attached CTID 2024-2025 Annual Report (Attachment 2); the CTID 2025-2026 Management Report (Attachment 3); and the 2026-2027 Sales & Marketing report (Attachment 4) provided by Beth Javens, the President & CEO of Visit Concord, outlining its work plan, past year’s budget, and accomplishments.

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

Recommended Action
Adopt a Resolution (Attachment 1) accepting the Concord Tourism Improvement District’s 2024-2025 Annual Report.

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

Attachments

1. Resolution accepting the Concord Tourism Improvement District 2024-2025 Annual Report.

2. Visit Concord’s 2024-2025 Annual Report

3. Visit Concord’s 2025-2026 Management Report

4. Visit Concord’s 2026-2027 Sales & Marketing Plan

Res No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting the Concord Tourism
Improvement District’s 2024-2025 Annual Report
Resolution No. 26-XX
/
WHEREAS, the City of Concord has the authority to establish a Tourism Improvement District under the Property and Business Improvement District Law of 1994 (Streets and Highways Code §36600 et. seq.) of the California Streets and Highways Code (“Act”); and WHEREAS, the City Council has established a Tourism Improvement District for the City of Concord and a portion of the Contra Costa County (“CTID”), pursuant to the Act, by and through the adoption of Resolution No. 13-48 on May 28, 2013; and
WHEREAS, the CTID was formed to administer marketing programs to promote the City of Concord as a tourism destination and to fund sales and marketing programs that benefit hotels within the boundaries of the CTID; and
WHEREAS, it is anticipated that the CTID will increase the occupancy of lodging businesses with more than 30 rooms in the district boundaries that would not occur without the CTID; and WHEREAS, each district established pursuant to the Act requires an annual approval of an annual report from CTID, and adoption of a resolution confirming the acceptance of the annual report for each year; and
WHEREAS, the City Council renewed the CTID for a 10 year period through the adoption of Resolution No. 17-77 on November 28, 2017; and
WHEREAS, the City Council expressed its intention to accept such report.

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

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

Section 2. The annual report titled “Concord Tourism Improvement District, 2024-2025 Attachment 1

Res No. 26-XX 2
Annual Report” for the CTID is hereby accepted and confirmed by the City Council, and a copy is on file in the City Clerk’s office at City Hall, 1950 Parkside Drive, Concord, CA. Said report contains a description of the proposed improvements and activities, the boundaries and benefit zones, and the basis of assessment for Fiscal Year 2024-2025.

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

PASSED AND ADOPTED by the City Council of the City of Concord on June 23, 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 23, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Attachment 2

MEMORANDUM
April 2026
TO: Guy Bjerke, Director, Economic Development & Base Reuse FROM: Beth Javens, Executive Director, Visit Concord
SUBJECT: Concord Tourism Business District’s 2024-2025 Annual Report Report in Brief
A Tourism Improvement District (TID) is a tool to collect assessments from participating hotels to fund tourism marketing and promotional programs that directly benefit the participating lodging businesses. The Concord Tourism Improvement District (CTID) was initially approved by the City in May 2013 and extended for a 10-year period as of June 1, 2018. Each year, the CTID is to provide an annual report outlining its work plan, past year’s budget, and accomplishments. The CTID Annual Management Plan Report is provided to the City Council for its review and acceptance. Highlights of the 2024-2025 Annual Report are summarized Here on the Visit Concord website. The 2024-2025 Year in Review Video is Here
Background
Tourism Improvement Districts (TID)
The Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., authorizes cities to establish property and business improvement districts for the purposes of promoting tourism. This law allows for the creation of a special benefit assessment district to raise funds within a specific geographic area. The key difference between TIDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TID. TIDs utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging and tourism-related business owners to consolidate efforts to increase tourism.

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

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

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

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

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

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

The Mt. Diablo Region Marketing Co-op continued to lead as the top room generating campaign to increase visibility and create hotel guest stays. The campaign revenue for this as part of a partnership with San Francsico Travel approaches and estimated $200,000 in revenue as well as bookings an estimated 2,000 room nights with all Concord hotels benefitting.