Concord City Council
July 28, 2026

1 COUNCILMEMBERS
Laura M. Nakamura, Mayor
Dominic D. Aliano, Vice Mayor
Pablo Benavente
Laura M. Hoffmeister
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday
July 28, 2026
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or various
telephonic/electronic
locations as indicated
below, and The
Blackstone Autograph
Collection, 636 South
Michigan Avenue,
Lobby, Chicago, IL
60605
*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, various telephonic/electronic locations as indicated below, and The Blackstone Autograph Collection, 636 South Michigan Avenue, Lobby, Chicago, IL 60605.

Please note the following change to the City’s public comment procedures: Public comment may be provided in-person, remotely, 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.

2 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 or The Blackstone Autograph Collection, 636 South Michigan Avenue, Lobby, Chicago, IL 60605. 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. REMOTE: The public may participate and provide public comment remotely as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/89918739077?pwd=SD8eeKnV4ztpPwgPv_CH3TdTJfaB qQ.qw16K4jV767Oog-u or Zoom Webinar ID: 899 1873 9077 and Passcode: 810536 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 so that we can efficiently call on you when it is your turn to speak 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. on 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 Hoffmeister

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. 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 a Professional Services Agreement with FCS International, Inc. (dba FirstCarbon Solutions) in an amount not-to-exceed $356,164, to prepare an environmental impact report for the Concord Townsquare Project on the former Coast Guard property at 3295 Haleakala Street, and authorizing the City Manager to execute the agreement in a form

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 acceptable to the City Attorney. (Developer Reimbursement) Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), and/or 15378. b. Considering – adoption of a Resolution accepting and appropriating grant funding to Fund 402 from the California Highway Patrol (CHP) in the amount of $296,197 for the Cannabis Tax Fund Grant Program (CTFGP) to assist with reducing and mitigating the impacts of impaired driving in the City of Concord. Recommended by the Chief of Police.

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

4. CITY COUNCIL CONSIDERATION ITEM
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 – a recommendation from the Infrastructure & Franchise Committee to adopt a Resolution calling for and giving notice of a November 3, 2026, election on a proposed Business License Tax Simplification Ballot Measure; and establishing the policies and procedures for such an election and requesting that the County of Contra Costa conduct such an election. (General Fund) Report by Justin Ezell, Assistant City Manager.

CEQA: Exempt per Public Resources Code section 21065, 21080(b)(8), CEQA Guidelines Sections 15378(b)(4), 15061(b)(3), 15273, and/or 15060.

5. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to Assemblymember Blanca Pacheco re: Assembly Bill 1821 - California Public Records Act: Methods of Submission, Fees, and Agency Response Time - Support (as amended June 10, 2026) - June 17, 2026

6. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
5 a Report out by Councilmember Obringer who serves and represents the City of Concord on the Green Empowerment Zone Board. b Report out by Mayor Nakamura who serves and represents the City of Concord on the Marin Clean Energy (MCE) Board of Directors.

7. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 8/11/2026 6:30 p.m.

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

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

Staff Report
Date: July 28, 2026
To: City Council
From: Mindy Gentry, Director of Community Development
Reviewed by: Aaron Sage, Planning Manager
Prepared by: Frank Abejo, Principal Planner
[email protected]
(925) 671-3128
Subject: Considering approval of a Professional Services Agreement with FCS International, Inc. (dba FirstCarbon Solutions) in an amount not-to-exceed $356,164, to prepare an environmental impact report for the Concord Townsquare Project on the former Coast Guard property at 3295 Haleakala Street, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Developer
Reimbursement)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), and/or 15378.

Report in Brief
Q Village LLC (“Applicant”) is preparing a formal application for the Concord Townsquare Project, a residential development of 800 to 900 dwelling units on the 59- acre former United States Coast Guard property at 3295 Haleakala Street. A project- level environmental impact report (EIR) needs to be prepared for the project in accordance with the California Environmental Quality Act (CEQA).

The City issued a request for proposals (RFP) for the preparation of an EIR and received proposals from six consulting firms in amounts exceeding $100,000. As required by the City’s procurement policies, contracts exceeding this amount require City Council approval. The Council is requested to consider approving a Professional Services Agreement with FCS International, Inc. (dba FirstCarbon Solutions) in an

3.a3.a3.a3.a

City Council Agenda Report
Agenda Item No. 3.a
July 28, 2026
amount not-to-exceed $356,164 to prepare the EIR, with the Applicant bearing full cost including the City’s administrative fees.

Recommended Action
Approve Professional Services Agreement with FirstCarbon Solutions (FCS) (Attachment 1) in an amount not-to-exceed $356,164 to prepare an EIR for the Concord Townsquare Project on the former Coast Guard property at 3295 Haleakala Street, authorize the City Manager to execute the agreement in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this report.

Background
On November 14, 2025, the Applicant submitted a preliminary application for a residential development of 800 to 900 dwelling units at the former Coast Guard site. The project will require legislative actions including a General Plan Amendment, Rezoning, and Development Agreement, in addition to other land use approvals.

On February 24, 2026, the Council conducted a study session where public and Council feedback was provided on the project. The Council supported the project moving forward and commented on the overall project concept, density, unit types, and the creation of a Council ad hoc committee to provide guidance on community benefits and other project aspects.

The project’s scope and conflict with the site’s current general plan and zoning designations make it ineligible for exemptions or streamlined review under CEQA. Staff determined, and the Applicant agreed, that a project-level EIR is the appropriate level of CEQA review for the project.

On June 15, 2026, the City issued an RFP for the EIR.

Discussion
Staff evaluated all six proposals submitted in response to the RFP and is recommending that FCS prepare the EIR. Staff’s selection was based on FCS understanding of the project, demonstrated ability in preparing complex and legally defensible EIRs , and positive feedback from references that emphasized the quality of their work and responsiveness.

FCS’s proposed scope of work is summarized below and discussed in detail in Exhibit A to Attachment 1.

Task 1: Project Initiation and Kick-off Meeting
Meet with City staff to discuss relevant background material, information needs, further clarify project scope and schedule, conduct site visit to document site conditions, and prepare a CEQA-compliant project description.

City Council Agenda Report
Agenda Item No. 3.a
July 28, 2026
Task 2: Technical Analyses
Provide the following technical studies: air quality (including construction health risk assessment), greenhouse gas emissions, energy consumption, biological resources, cultural resources (including support for mandatory tribal consultation), paleontological resources, noise, hazardous materials (including pipeline relocation and potential for unexploded ordinance), and water supply.1 FCS will also review the technical studies prepared by the Applicant or City for consistency and incorporation into the EIR.

Task 3: Initial Study, Notice of Preparation, and Scoping Meeting Prepare an initial study to determine the topics to analyze in the EIR and identify potential significant impacts. The initial study will serve as the basis for a Notice of Preparation (NOP) that will be circulated for public review along with the initial study.

This task includes two in-person scoping meetings, one for the public and one for technical agencies, within the 30-day NOP scoping period.

Task 4: Administrative Draft EIR
This first internal draft document will identify potentially significant impacts, feasible mitigation measures, cumulative effects, and project alternatives.

Task 5: Screencheck Draft EIR
This second internal draft of the Draft EIR will allow staff to ensure that comments on the prior draft have been addressed.

Task 6: Public Draft EIR
Upon incorporation of final City comments into the Screencheck Draft EIR, finalize and circulate the Draft EIR for public review.

Task 7: Administrative Final EIR
Prepare an Administrative (internal draft) Final EIR that will list all agencies, organizations, and individuals who submitted written comments on the Draft EIR and provide written responses to those comments, along with any revisions to the EIR deemed necessary.

Task 8: Screencheck Final EIR
Prepare the Screencheck Final EIR to allow City staff to review final changes to the Final EIR prior to publication.

Task 9: Final EIR and Notice of Determination
Prepare Final EIR for public circulation and Notice of Determination for posting following certification of the EIR.
1 The Applicant will provide an arborist report, Phase 1 and 2 environmental site assessments, geotechnical report, hydrology study, and sewer capacity study. A transportation impact assessment will be prepared by one of the City’s on-call transportation consultants and is not included in this scope of work.

City Council Agenda Report
Agenda Item No. 3.a
July 28, 2026
Task 10: Mitigation Monitoring and Reporting Program
Prepare a comprehensive Mitigation Monitoring and Reporting Program containing all mitigations identified in the EIR and measures to implement the mitigations.

Task 11: Findings of Fact and Statement of Overriding Considerations Prepare draft Findings of Fact for each potentially significant effect identified in the EIR and a Statement of Overriding Considerations for any unavoidable significant impacts.

Task 12: Attend Meetings and Public Hearings
Attendance at various meetings including coordination meetings with City staff, the scoping meeting, and Planning Commission and City Council public hearings.

Task 13: Project Management and Coordination
Perform a variety of project management duties to ensure that the EIR meets the City’s standards of quality, and that it is delivered on time and within budget. These duties include team supervision and coordination, oral and written communications with City staff, project accounting, and quality assurance review.

Optional Task 14: Stakeholder and Interagency Coordination Coordinate with Responsible and Trustee Agencies to support efficient project delivery and clear communication among all parties.

The work program estimates completing the EIR approximately one year from project kickoff at a cost of $356,164 including a 10 percent contingency and optional tasks. The Applicant will bear the full cost of the EIR plus 20 percent of the contract amount for the City’s administrative costs.

Procurement Process
The City issued an RFP for these professional consulting services that resulted in the submittal of six proposals. While such services are exempt from the City’s formal bidding requirements, staff has determined that FCS’ proposal satisfies the “best value concept” criterion utilized by the City when evaluating competitive solicitations requiring Council approval based on FCS’ budget, demonstrated expertise, and feedback from nearby jurisdictions familiar with their work.

Financial Impact
There is no net fiscal impact to the City’s General Fund. The Applicant will pay the full contract amount of $356,164, plus the City’s Administrative fee of 20%. The City will incur no net cost for the professional services rendered under this Agreement.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et seq., as amended and the implementing CEQA Guidelines, Title 14, Chapter 3 of the California Code or Regulations (collectively “CEQA”), the

City Council Agenda Report
Agenda Item No. 3.a
July 28, 2026
recommended action to approve a professional services agreement does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. 15060(c)(2) or 15378, because there is no potential that the action will result in a direct or reasonably foreseeable indirect or direct physical change in the environment.

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

Public Contact
The City Council Agenda was posted.

Attachment

1. Professional Services Agreement with Exhibit A, Proposal

AGREEMENT FOR PROFESSIONAL SERVICES
10/2022 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
THIS AGREEMENT ("Agreement") is entered into on July 28 , 2026 between the City of Concord, a California municipal corporation, ("CITY") and FCS International, Inc., doing business as FirstCarbon Solutions, 2999 Oak Road, Ste 250, Walnut Creek, CA 94597 (“CONSULTANT”).

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

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on DATE, 2026 and expire on DATE, 2028.

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

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

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

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

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed Three-hundred Fifty- Attachment 1

10/2022 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
six Thousand One -hunderd Sixty -four dollars ( $356,164) for the term of this Agreement . Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered ; all statements shall include adequate documentation demonstrating work performed during the billing period . It is intended that CITY review such statement and pay CONSULTANT for services rendered within forty-five (45) days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES . Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Aaron Sage, Planning Manager of the Community Development Department . The CONSULTANT ’s authorized representative is Janna Waligorski, Associate Director.

5. AMENDMENT TO AGREEMENT . This Agreement may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21 -43 pursuant to Concord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2021 -22 is $75,000 and increases by $5,000

10/2022 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
each subsequent fiscal year such that by Fiscal Year 2026 -27 the Minimum Threshold is $100,000.

Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR . Both parties understand and acknowledge that CONSULTANT, its officers, agents, employee s, volunteers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance.

CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY , and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all p ersons, 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

10/2022 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.

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

8. PERFORMANCE BY CONSULTANT . CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the 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 expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actua l project shall be given to CITY at the com pletion of the project. The CITY reserves the right to specify the file format that electronic document delive rables are presented to the

10/2022 5
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY.

Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any perso n, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above -described information b ut agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written pe rmission of CITY during the term of this Agreement, unless required by law.]

10. INDEMNIFICATION.

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

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

11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated

10/2022 6
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties . These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.

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

13. SUSPENSION OF WORK . CITY may, at any time, by written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and 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 de liverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination , all of which shall become CITY’s sole property . After receipt of the Work Materials , CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.

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

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law . Such actions shall include, but not be

10/2022 7
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

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

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

16. CONFLICT OF INTEREST.

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

CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

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

17. COMPLIANCE WITH LAWS . CONSULTANT shall comply with all applicable

10/2022 8
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

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

18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other 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 discuss ions between CONSULTANT and CITY, whether oral or written.
//

10/2022 9
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
//

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 i n the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

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 bel ow, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

To CITY: Aaron Sage,
Planning Manager
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3175
Email: [email protected]
To CONSULTANT: Janna Waligorski,
Associate Director
FCS International, Inc.
2999 Oak Road, Ste 250
Walnut Creek, CA94597
Phone: (530)519-9736
Email: [email protected]

10/2022 10
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be person ally 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.

CONSULTANT CITY OF CONCORD , a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Janna Waligorski Name: Jerome C. Wilverding
Title: Associate Director Title City Manager
Address: 2999 Oak Road, Ste 250 Address: 1950 Parkside Drive Walnut Creek,CA 94597 Concord, CA 94519
Telephone: (530)519-9736 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk

10/2022 11
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2026/27 AND FISCAL YEAR 2027/2028 TO PAY THE

ANTICIPATED
EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $356,164. Account Code 10082001Z01-6380-500.

Finance Director's Signature

10/2022 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

EXHIBIT “B”

CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

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

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

4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.

CONSULTANT shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

10/2022 13
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

The policies are to contain, or be endorsed to contain the following provisions:

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

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.

2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.

3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.

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

5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party, CONSULTANT shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.

03872.0011 P

SUBMITTED TO
City of Concord
Department of Economic Development and Base Reuse
1950 Parkside Drive
Concord, CA 94519
June 26, 2026

PROPOSAL TO PREPARE AN

ENVIRONMENTAL IMPACT REPORT FOR THE
City of Concord Townsquare Project
(RFP No. CDD20260603)
Exhibit A to
Attachment 1

Southern California
250 Commerce, Ste 210
Irvine, CA 92602
Northern California
2999 Oak Road, Ste 250
Walnut Creek, CA 94597
Phone +1 888 826 5814
+1 714 508 4100
Fax +1 714 508 4110
Email [email protected]
firstcarbonsolutions.com
June 26, 2026
Jen Chesterman, CPPB, MS, Purchasing Agent
Department of Economic Development and Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519
Subject: Proposal to Prepare an Envi ronmental Impact Report for the City of Concord Townsquare Project (RFP No. CDD20260603)
Dear Ms. Chesterman:

Home to approximately 120,000 people, the City of Concord (City) is a welcoming community that blends small-town charm with big-city opportunities. The City is considering a development application for the Townsquare Project (proposed project project), which would include approximately 900 dwelling units along with associated improvements. To support this initiative, the City is seeking a qualified consultant team to prepare a project-level Environmental Impact Report (EIR) in compliance with the California Environmental Quality Act (CEQA), and any other relevant local plans, regulations, or procedures.

FCS International, Inc., doing business as FirstCarbon Solutions (FCS), has more than 43 years of experience in preparing a full range of CEQA compliance and documentation services, to support various development projects throughout the State. FCS is highly qualified to support the City in preparing the required EIR and associated technical documentation for the following reasons:
 FCS has prepared numerous EIRs for complex and high-profile residential projects. FCS has prepared CEQA documentation and provided environmental planning support for a wide range of complex projects, including mixed-use developments, General Plans, Specific Plans, and Master Plans with phased or long-term buildout horizons. Some of these include the Mitchell Townhomes Project in the City of Walnut Creek; CityWalk Master Plan in the City of San Ramon; Martin Hills Ranch Residential Project in the Town of Danville; Hidden Canyon Residences and Preserve Project and East Pleasanton Specific Plan in the City of Pleasanton; Baldwin Master Plan/Zacharias Master Plan in the City of Patterson; Barber Yard Specific Plan Project in the City of Chico; East Garrison Specific Plan Project in Monterey County; and the Fresno Southeast Development Area (SEDA) Specific Plan Project in the City of Fresno. More information on these projects can be found in the References section of this proposal.
 We are a local firm with direct experience in the Bay Area; FCS will perform the work from our Walnut Creek Office, located less than 5 miles from the project site. FCS has prepared environmental documentation and supporting technical analyses for many projects in nearby cities within Contra Costa County over the last 24 years, including more than 15 projects in the City.

 We have a highly experienced environmental compliance management team. FCS is comprised of specialists with extensive local knowledge and broad skills that will help anticipate controversial issues, devise solutions, and provide expert environmental compliance solutions. FCS’s Project Director, Janna Waligorski, MA, has more than 18 years of experience in managing the preparation of CEQA documents for both public and private clients and facilitating environmental clearance at the local, State, and national levels. She is well versed in federal, State, and local environmental laws and regulations.
 We provide a full array of technical and in-house legal counsel services. We maintain a deep bench of in-house technical specialists to ensure we can adequately address all of the topical areas included in the CEQA Guidelines. FCS’s highly qualified technical personnel bring a wealth of expertise in regulatory compliance, planning and entitlements, air quality and greenhouse gas (GHG) emissions, biological and cultural resources, noise management, and visualization services. In addition, FCS’s Legal Counsel, Megan Starr, JD, has more than 26 years of experience in supporting projects involving State and federal environmental laws. F Our team brings together specialists with extensive local knowledge and broad skills in other environmental services.

Thank you for taking the time to review our proposal. FCS staff is available and committed to supporting the City throughout the duration of this project. FCS also commits to obtaining a City of Concord business license upon contract award. FCS has no objections to the terms of the City’s Agreement for Professional Services and can meet the insurance requirements as stated therein. We also acknowledge receipt of Addendum 1 dated June 15, 2026. The signatures below certify that the undersigned are authorized to negotiate and contractually bind the firm to the City’s terms. If you have any questions or would like to discuss your specific needs in more detail, please contact our Project Director, Janna Waligorski, MA, at 530.519.9736 or at [email protected].

Sincerely,
FirstCarbon Solutions FirstCarbon Solutions
Mary Bean, Senior Vice President Janna Waligorski, MA, Project Director

Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
Table of Contents

1. General Qualifications 1

2. Team Members 1

3. Project Workplan 2
Project Understanding 2
Work Approach and Methodology 2
Schedule 15

4. Cost Proposal 17

5. References 18

6. Sample Work Products 21

7. Nondisclosure Indemnification Agreement 22

Appendix A: Resumes

1 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord

1. General QualificaƟons
FCS (a California Corporation) has more than 43 years of experience with providing hundreds of municipalities with environmental services. In addition to environmental planning services, we also provide air quality and GHG emissions analysis, energy analysis, noise analysis, and biological, cultural and archaeological, historic, visualization, and Geographic Information System (GIS). FCS services clients in the Western United States from two offices in California, Walnut Creek and Irvine (headquarters), and with multiple remote staff members located throughout California and the US. FCS’s ability to execute multiple projects of various sizes simultaneously without compromising our quality standards makes us uniquely qualified to provide environmental services to the City.

2. Team Members
Our proposed management structure is illustrated in the organization chart below. FCS has supplemented our team with Cameron-Cole, LLC (Cameron-Cole) and West Yost & Associates, Inc. (West Yost) to provide additional technical expertise.

2 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord

3. Project Workplan
Project Understanding
FCS International, Inc., doing business as FirstCarbon Solutions (FCS), understands that Q Village LLC (applicant) is proposing development of the Townsquare Project in the City of Concord (City). The project site is comprised of two contiguous parcels totaling approximately 59.4 acres. It is bounded by single-family homes to the west and the North Concord/Martinez San Francisco Bay Area Rapid Transit Station parking lot to the north. The project site, formerly occupied by approximately 286 housing units within military housing developments known as Quinault Village and Victory Village, has been vacant since 2014. In 2014, Phase 1 studies found asbestos, lead hazards, pesticide contamination, and possible munitions and unexploded ordinance of concern in the project site.

The proposed project would include demolition of existing dwelling units and site improvements, and the removal of existing trees to facilitate the development of approximately 800 to 900 dwelling units.

The proposed residential units would include a mix of market-rate single-family detached homes, duplexes, townhomes, and deed-restricted rental apartments. The proposed project would include infrastructure improvements to support the contemplated residential uses, as well as amenities, including a network of parks and green spaces, bike and pedestrian connections and community benefits, all of which will be refined as part of the proposed project’s entitlement process.

Work Approach and Methodology
Task 1: Project Initiation and Kick-off Meeting
FCS will review relevant background material, develop an initial data needs list, and coordinate with the City to schedule a kick-off meeting (virtual). The intent of the kick-off meeting is to clarify and confirm the details of the Scope and schedule, obtain copies of the project plans and other relevant information, and identify key points of contact. It is typically helpful to have all relevant team members attend this call (i.e., applicant, civil engineering design lead, if applicable). A site visit will be conducted as part of the project initiation process to document existing conditions.

Subtask 1.1: Comprehensive Project DescripƟon
Using the City’s formal development application and information gathered during project initiation, FCS will prepare a CEQA-compliant Project Description that will identify the project location and existing setting, project characteristics, define project objectives, identify required approvals, and list other agencies that may rely on the EIR for review. FCS will use graphics, tables, and GIS-based exhibits to clearly define the proposed project. FCS will submit the draft Project Description to the City before preparing the Administrative Draft EIR, assuming the City will coordinate applicant review and provide one consolidated set of comments. FCS will then revise the Project Description for final City and applicant approval. Changes after approval may require a Change Order and schedule extension.

DELIVERABLE:
 Electronic copy (via email in Microsoft Word format) of the draft Project Description to the City.  Electronic copy (via email in PDF format) of the Project Description to the City.

3 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
Task 2: Technical Analyses
FCS understands that the applicant team will provide a Preliminary Arborist Report, Phase 1 and/or 2 Environmental Site Assessment, and Preliminary Geotechnical Analysis, and that the City will retain a consultant and oversee the preparation of a Transportation Impact Analysis (including vehicle miles travelled and level-of-service). FCS will oversee the preparation of additional technical studies, as provided below.

Subtask 2.1: Air Quality, GHG Emissions and Energy, and Health Risk Assessment FCS will prepare an air quality, GHG emissions, and energy analysis to evaluate project-related construction and operational activities. The analysis will be wholly contained in the appropriate section of the EIR with any relevant supporting technical data appended.

Air Quality Analysis
FCS will prepare an air quality analysis consistent with the requirements of the State CEQA Guidelines and recommendations of the Bay Area Air District. The proposed project would include construction and operational activities that would generate ozone precursor and criteria air pollutant emissions. FCS will use methodologies and guidance from Bay Area Air District’s 2022 CEQA Air Quality Guidelines to model and evaluate the project’s air quality impacts. Short-term construction emissions will be quantified using the latest version of the California Emissions Estimator Model. The modeling will incorporate specifications of construction such as duration, area of land to be disturbed/graded, etc.

Operational-related criteria air pollutant and precursor estimates will include emissions from the proposed project’s area, stationary, and mobile sources. Mobile-source emissions will be based, in part, on the Transportation Analysis to be prepared for this project. Stationary sources, such as emergency generators, if part of the proposed project, will be quantified using appropriate emission factors and methodologies from the Bay Area Air District and the California Air Resources Board (ARB).

ConstrucƟon Health Risk Assessment
The Bay Area Air District recommends evaluating TAC and PM₂.₅ health risks on a case-by-case basis, considering project-specific characteristics and nearby sensitive receptors. Because residences, workers, and the Sun Terrace Elementary School are located within ¼ mile (and less), FCS recommends preparing a Health Risk Assessment (HRA) to evaluate potential construction-related TAC and PM₂.₅ impacts. This scope assumes one phase of construction without any overlap with operations. If the project anticipates a phased construction schedule that allows residences to begin occupation on newly finished buildings while construction continues on other phases, the construction-related health risk impacts for these on-site receptors would need to be assessed and, in that case, FCS would perform the additional health risk modeling pursuant to a Change Order.

In addition, according to the Bay Area Air District, the proposed project is located in an Overburdened Community (Top 30% CalEnviroScreen 4.0 scoring census tracts and a 1,000-foot buffer). Therefore, the proposed project’s impacts to nearby receptors from TAC and/or PM2.5 will be assessed against more stringent cancer risk limits of 6 in 1 million, pursuant to Bay Area Air District guidance.

The HRA would identify sensitive receptors near the project site, evaluate applicable Bay Area Air District health risk thresholds and regulatory requirements, and estimate construction-related diesel particulate matter (DPM) and PM₂.₅ emissions from both on-site equipment and off-site construction traffic within 1,000 feet of the project site. Using Bay Area Air District-approved methodologies, the

4 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
analysis would model pollutant concentrations and quantify associated cancer risk, chronic and acute non-cancer health effects, and PM₂.₅ exposure at nearby residential, school, and worker receptors. If any impact exceeds applicable significance thresholds, feasible mitigation measures would be identified to reduce emissions and associated health risks.

Because the proposed project would not include stationary sources or truck activity that would represent sources of on-going DPM or PM2.5 emissions, FCS assumes that an operational HRA will not be warranted to identify and quantify the potential cumulative health risks during project operations.

However, if an operational HRA is requested, it would be accomplished as an additional service.

GHG Emissions Analysis
FCS will evaluate the proposed project’s construction and operational GHG impacts against significance thresholds established in the Bay Area Air District’s 2022 CEQA Guidelines. Pursuant to CEQA Guidelines Appendix G, FCS will also evaluate the project’s design and purpose for consistency with applicable GHG emissions reduction plans. The GHG Emissions Analysis will also address the California Supreme Court ruling on the Newhall Ranch project and will utilize current approved methods for quantifying GHG emissions impacts. Appropriate measures or design features will be proposed, as necessary, to reduce potential impacts to less-than-significant levels to the extent feasible.

Energy Analysis
FCS will analyze energy impacts consistent with the CEQA Guidelines Appendix F. The energy analysis will summarize relevant federal, State, and local laws and regulations and policies that address energy consumption and demand, alternative fuels, and nonrenewable resources to determine whether the proposed project would conflict with or obstruct any required policies or mandatory measures related to energy conservation. Using the model inputs and assumptions associated with the air quality and GHG emissions analyses, FCS will provide energy consumption estimates associated with the construction and operation of the project, including an estimate of on-site construction equipment fuel and electricity consumption, off-site construction vehicle fuel consumption, and operational electricity, natural gas, and vehicle fuel consumption, as applicable. The energy analysis will consider project design features that may affect the energy efficiency of the proposed project.

Data Needs and AssumpƟons
Following the Project Kick Off Meeting (Task 1), FCS will prepare and submit a Request for information (RFI) for the applicant to provide all necessary construction and operational parameters required for modeling. The air quality, GHG and energy analyses will be completed within 6 weeks of receipt of the RFI response, necessary traffic data, and the client-approved Project Description.

Subtask 2.2: Biological Resources Analysis
Literature Review
Existing information, including maps, aerial photographs, documents, and correspondence relative to the project site will be reviewed and analyzed. Data to be reviewed includes, but is not limited to:
 Available documentation and studies of the biological resources within the immediate vicinity of the project site, including the previously conducted Arborist Report, as well as any other relevant documents provided by the applicant;

5 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
 The Federal Register listing package for each federally listed endangered or threatened species and/or their Critical Habitat potentially occurring on the project site;  Literature pertaining to habitat requirements of special-status species potentially occurring on the site;
 The California Department of Fish and Wildlife (CDFW) lists of special-status plants and animals; and
 California Natural Diversity Database, Information for Planning and Consultation, and California Native Plant Society (CNPS) Electronic Inventory information regarding special-status species potentially occurring on the project site or in the vicinity.

General Biological Survey, Habitat Assessment, and VegetaƟon Mapping.

A reconnaissance-level survey of the project site will be conducted. FCS will identify the project site’s general biological resources, and document plant communities, incidental observations of wildlife and plant species and potentially protected aquatic resources. The general distribution of plant communities and land cover types will be mapped. The field survey will focus on determining suitable habitat for sensitive plant and wildlife species, as well as any sign of wildlife movement.

General locations of sensitive biological resources identified during the survey will be mapped with the aid of topographic maps, current aerial photographs, and sub-meter accurate handheld Global Positioning System units, if needed. Sensitive biological resources include any plants, animals, or habitats considered rare, endangered, threatened, sensitive, or otherwise unique by government agencies, including, but not limited to the CDFW and US Fish and Wildlife Service, or recognized conservation organizations, such as the CNPS; sensitive communities; federally or State-regulated wetlands; wildlife nursery sites; and movement corridors.

The field survey will not include an assessment of the potential presence of waters of the US or State on the project site, which may be potentially regulated by the CDFW, US Army Corps of Engineers, and/or Regional Water Quality Control Board. This task does not include species-specific presence/absence surveys (e.g., protocol-level rare plant surveys, BUOW surveys, or others).

The need for additional focused surveys for special-status plant and/or wildlife species on the property cannot be determined until the habitat is evaluated, and this Scope does not include focused surveys for any special-status plant or wildlife species.

Biological Resources Assessment
The results of the field survey and background research will be documented in a Biological Resources Assessment (BRA), which will evaluate the potential of the project site to support sensitive biological resources, describe the existing biological conditions on-site, provide a list of special status-species considered in the assessment and their potential for occurrence, evaluate potential project-related impacts on sensitive biological resources, and recommend additional surveys and/or avoidance, minimization, and mitigation measures, if/as appropriate. Findings from the BRA will be wholly contained in the Biological Resources section of the CEQA document, with supporting documentation provided as an appendix.

ASSUMPTIONS:
 Access and permission to enter the above-described project area must be granted to FCS in writing prior to field surveys.

6 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
 FCS is not responsible for delays due to conditions or circumstances outside of FCS control, such as (but not limited to) weather, site conditions (i.e., prohibited access, unsafe conditions, flooding, extreme weather), fire, etc.
 The impact analysis will be based on one set of final site plans and grading limits.

Subtask 2.2.1: Preliminary Arborist Report Peer Review
As a part of the literature review efforts outlined in Subtask 2.2 above, FCS will peer review the applicant-provided Preliminary Arborist Report to ensure the supporting information is prepared according to established industry best practices and accurately characterizes the project site. The information will be reviewed for consistency, completeness, and adequacy for purposes of CEQA. FCS will provide a brief peer review memorandum to the City and the applicant that documents the peer review findings. Once the Report is deemed complete by the City, FCS will incorporate the information into the Biological Resources section of the EIR, and the Report will be appended to the EIR.

DELIVERABLE:
 Electronic copy (via email in PDF) of the Preliminary Arborist Report Peer Review Memorandum to the City and the applicant.

Subtask 2.3: Cultural Resources Analysis
FCS will assess the potential for existing and undiscovered cultural resources at the project site, the results of which will be provided in a stand-alone Phase I Cultural Resources Assessment (CRA). This document will meet the Office of Historic Preservation standards for Phase I evaluations and can be used to support determinations in any additional CEQA reporting. This Scope assumes that the City will coordinate review with the applicant team and will provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the Phase I CRA.

The Cultural Resources section of the EIR will detail the results of the field investigation, record searches, and any additional resources discovered as a result of the Phase I CRA. The Cultural Resources section will include recommendations for further study and/or mitigation within the project site, as needed. Copies of all correspondence and site survey photographs will be included in the appendices of the Phase I CRA. Should significant cultural resources be discovered during the records search or pedestrian survey, the optional Site Recordation task line will be utilized as described below.

Record Searches
FCS will conduct a records search at the Northwest Information Center, located in Rohnert Park. The records search will include a search of previous studies and identified cultural resources within the project area and a 0.5-mile radius. The National Register of Historic Places, the California Register of Historical Resources, the California Historical Resources Inventory, the California Historical Landmarks, the California Points of Historical Interest listings, the Historic Property Data File, and historic maps and photographs will be consulted along with other pertinent historic data.

As part of the records search, FCS will prepare and submit a request to the Native American Heritage Commission (NAHC) to check their Sacred Lands File for Tribal Cultural Resources that may be adversely impacted by the proposed project. From the Native American representatives list provided by the NAHC, letters will be sent to each tribal representative requesting any additional information they may have about the project site. Please note that this process is for information gathering purposes to

7 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
support conclusions made within the cultural resources analysis and does not satisfy the lead agency consultation requirements pursuant to Assembly Bill (AB) 52 or Senate Bill (SB) 18.

FCS will also attempt to locate and contact local historical societies that may have additional information about the project site, or interest in the proposed project. All records search results and correspondence will be included in the Phase I CRA and will be summarized in the EIR along with recommendations for any mitigation measures deemed appropriate.

Cultural Resources Field Survey
A pedestrian field survey will be conducted by an FCS Project Archaeologist utilizing standard 15-meter transect intervals and will include all portions of approximately 59.4-acre project site, where feasible.

Initial review of historic aerials dating back to the 1960s indicate that the project site may contain buildings or structures over 45 years in age. Properties over 45 years in age are considered potential historic resources under CEQA and may require determination as to (1) whether the property is a historic resource and (2) whether the proposed project may cause a substantial adverse change in the significance of a historic resource.

Archaeological sites and buildings/structures more than 45 years old may require evaluation for California Register eligibility and recordation on Department of Parks and Recreation (DPR) forms. FCS cannot determine whether recordation is needed, or how many resources may require it, until the records search and field survey are complete. Therefore, FCS assumes no historic structures or archaeological sites will require DPR recordation. If recordation or evaluation is required, associated costs will be addressed under a separate Scope.

DELIVERABLES:
 Electronic copy (via email or Dropbox in Microsoft Word format and PDF) of the draft Phase I CRA.  Electronic copy (via email or Dropbox in PDF) of the finalized Phase I CRA.

Subtask 2.3.1 SB18 and AB52 Tribal Outreach
FCS will draft notification letters on the City’s letterhead to initiate tribal consultation on the City’s behalf pursuant to SB18 and AB52. This scope assumes two virtual meetings with the City and Tribal Representatives and 20 staff hours will be sufficient to complete this task. If additional meetings or coordination becomes necessary, FCS can continue tribal consultation under a separate scope of work.

DELIVERABLES
 Electronic copy (via email or Dropbox in Microsoft Word format and PDF) of draft AB52 and SB18 notifications letters for the City to distribute.

Subtask 2.3.2 Paleontological Resources Assessment
FCS will assess the potential for existing and undiscovered paleontological resources at the project site, the results of which will be provided in a stand-alone Paleontological Resources Assessment (PRA). The conclusions of the PRA will be summarized in the Geology and Soils section of the Draft EIR, and will detail the results of the field investigation, record searches, and any additional resources discovered as a result of the PRA along with any recommendations for further study and/or mitigation, as needed.

8 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
Records Searches
FCS will request a paleontological records search for the subject property and surrounding area from the University of California Museum of Paleontology and Natural History Museum of Los Angeles County. The records search will provide information regarding the relative sensitivity of the parcel to contain fossils. The results of the paleontological records search will be summarized in the PRA, along with any recommendations for any mitigation measures deemed appropriate. If the records search, regional geologic maps, and geotechnical report indicate the project area is paleontologically sensitive, a pedestrian field survey may be required to evaluate the potential for significant fossil resources. If required, the survey will be completed under a separate scope and fee.

DELIVERABLES:
 Electronic copy (via email or Dropbox in PDF) of the draft PRA to the City.  Electronic copy (via email or Dropbox in PDF) of the PRA to the City.

Subtask 2.4: Noise Impact Analysis
FCS will complete a noise analysis that evaluates short-term (construction) and long-term (operation) noise impacts to satisfy the City’s noise impact analysis requirements. The analysis will be wholly contained in the CEQA document, with supporting technical data appended to the CEQA document.

CompilaƟon and Summary of Background InformaƟon
The general characteristics of sound and the categories of audible noise will be described. The regulatory framework related to noise, including applicable federal, State, and City plans, policies, and standards, will be summarized. The existing ambient environment conditions will be documented by taking up to three short-term ambient noise measurements to document the existing daytime ambient noise conditions in the project vicinity, especially near off-site sensitive receptor land uses.

ConstrucƟon Noise and VibraƟon Impact Analysis
Construction would involve the short-term operation of heavy equipment in the vicinity of sensitive receptor land uses. EPA-recommended noise emission levels will be used for the construction equipment. The noise analysis will identify the closest noise sensitive receptors and will quantify potential construction noise impacts in comparison to applicable City requirements including those set forth in the City’s Noise Ordinance specifications and will determine whether construction would result in a substantial temporary increase in ambient noise levels as measured at these receptors.

FCS will also analyze potential vibration impacts from construction activities associated with development that could occur with project implementation. FCS will utilize the methodology and thresholds contained in the Transit Noise and Vibration Impact Assessment Manual prepared by the Federal Transit Administration for determining construction-related groundborne vibration impacts.

OperaƟonal Noise Impact Analysis
FCS will perform a quantitative assessment of long-term operational noise impacts related to existing and project-related vehicular trips. Project-related traffic noise impacts will be determined based on whether the proposed project would generate a substantial permanent increase in traffic noise levels in the project vicinity in excess of standards established in the City’s General Plan or Noise Ordinance.

9 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
Potential noise impacts from project-related stationary noise sources, such as new mechanical system operations, will be evaluated to determine if the proposed project would generate a substantial permanent increase in ambient noise levels in excess of the City’s operational noise standards.

Data Needs and AssumpƟons
FCS will prepare and submit an RFI for the applicant to provide all necessary construction and operational parameters required for modeling. This analysis will be completed within six weeks of receipt of the necessary project data and the approved Project Description. If changes are made to the Project Description that would require re-modeling for the above Scope, the re-modeling would be accomplished as an additional service not included in this Scope.

Subtask 2.5: Water Supply Assessment
West Yost, as FCS’s subconsultant, will prepare a Water Supply Assessment (WSA) pursuant to SB610.

The City is within the Contra Costa Water District Treated Water Service Area, and the District’s 2025 Urban Water Management Plan (UWMP), due to the California Department of Water Resources by July 1, 2026, will serve as the primary reference for the WSA and be incorporated by reference.

West Yost will review available project documents and estimate buildout potable water demand using a methodology consistent with the City’s 2025 UWMP . The WSA will evaluate buildout demand only and will not assess phased or interim water demands. West Yost will attend a kickoff meeting with the City to review the project and key assumptions, followed by a meeting with City staff to confirm preliminary water demand estimates. West Yost will prepare the WSA in accordance with SB 610 and California Water Code Sections 10910–10915. The WSA will be based on provided information, assume water service by the City, include all proposed land uses, and rely on the City’s 2025 UWMP for existing and future water supply quantities and reliability. The WSA will include:
 An estimation of the total water demand associated with buildout of the project (no phasing will be evaluated in the WSA)
 A description of the District’s current and future water supply and demand conditions.  A description of determinations as required by SB 610, including, but not limited to: if the proposed project is subject to the requirements of CEQA, meets the SB 610 definition of a project, and if the District’s 2025 UWMP includes the water demands for the proposed project.  A water supply assessment for the proposed project, including:
 Identification of existing water supplies for the proposed project and demonstration that said supplies exist,
 If supplies are inadequate, identification and evaluation of options to meet water supply deficit,  Evaluation of the sufficiency and reliability of the proposed supply for the proposed project,  Identification of any potential conflicts that may arise from the exercise of water supply entitlements required for the proposed project, and
 Proposed use and sufficiency of groundwater supplies (based on existing available data and studies).  A determination of sufficiency of existing and future supply for the proposed project in accordance with the requirements of SB 610.

West Yost will document results of the analysis described above in a Draft WSA report, which will be submitted for review. West Yost will conduct a virtual meeting with City staff to review the draft WSA.

Following receipt of consolidated, written comments, West Yost will prepare a Final WSA report

10 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
for adoption pursuant to SB610. West Yost will attend a City Council meeting when the Final WSA report is considered for adoption to be available to respond to any questions that may arise.

DELIVERABLES:
 Electronic copy (via email or Dropbox in Microsoft Word format and PDF) of the draft WSA to the City.  Electronic copy (via email or Dropbox in PDF) of the final WSA to the City.

Task 3: Initial Study, Notice of Preparation, and Scoping Meetings Since the City has determined that a project-level EIR is required, FCS will prepare an Initial Study pursuant to CEQA Guidelines 15063 for the purpose of properly scoping the EIR. Given that the City has determined that a project-level EIR is appropriate, an Initial Study would not be required, except to scope out specified topics. The Initial Study will describe the project, establish the environmental baseline, and address, as appropriate, environmental topic areas in accordance with Appendix G of the CEQA Guidelines. The Initial Study will identify potentially significant impacts, including those that will be further analyzed in the EIR, and will help refine the scope and focus of the environmental analysis.

Based on the findings of the Initial Study, FCS will prepare a draft Notice of Preparation (NOP) in accordance with CEQA Guidelines Section 15082. The NOP will include all required CEQA elements, including identifying the project location, providing a summary of the project characteristics, and listing probable environmental effects, supported by tables and color graphics. FCS will submit the draft NOP to the City. It is assumed that the City will coordinate review with the applicant team and will provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the draft NOP to FCS within two weeks of submittal. Once FCS receives these comments, FCS will complete revisions and prepare the Initial Study and NOP for public review. FCS will submit the Initial Study, NOP and accompanying Notice of Completion (NOC) to the State Clearinghouse (SCH) electronically. The City will be responsible for distributing the Initial Study and NOP to public agencies and private parties.

DELIVERABLES:
 Electronic copy (via Dropbox in Microsoft Word format) of the draft Initial Study and draft NOP to the City.  Electronic copy (via Dropbox in PDF) of the Initial Study and NOP to the City.  Electronic copy (via CEQAnet) of the Initial Study, NOP and NOC to the SCH.

Subtask 3.1: Public Scoping MeeƟngs
Following release of the Initial Study and NOP , FCS will coordinate with City staff to prepare for and facilitate two in-person scoping meetings, one for the general public and one for technical agencies, within the 30-day NOP scoping period.

FCS will prepare a presentation that provides an overview of the CEQA process, highlighting opportunities for public input throughout preparation of the EIR. Additionally, the presentation will highlight key components of the proposed project, with supporting graphics as-needed. Following the presentation, FCS will receive verbal public comments on the scope of the EIR, and answer questions related to the proposed project scope and CEQA process. Input will be used to focus the issues to be addressed in the Draft EIR. The summary of verbal comments and the written comments letters will be appended to the Draft EIR. A summary of the verbal and written comments will be included in the Introduction section of the Draft EIR.

11 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
Task 4: Administrative Draft EIR
FCS will prepare the Administrative Draft EIR in accordance with the applicable requirements contained in CEQA Guidelines Sections 15120 through 15132. The document will identify potentially significant impacts, feasible mitigation measures, and the residual significance after mitigation. The Draft EIR will include all elements required under the CEQA Guidelines, including but not limited to, a detailed Project Description, analysis of all applicable Appendix G thresholds, and a comprehensive set of technical appendices with relevant supporting information.

FCS understands that key issues for the proposed project include the relocation of high-pressure pipelines and the potential presence of unexploded ordinance and munitions. This scope assumes that the applicant will provide the City and FCS with access to the results of prior site investigations, including testing, surveys, and agency coordination, for review and consideration. FCS will incorporate this information into the hazards and hazardous materials section of the Draft EIR (and other sections as necessary), conduct supplemental research and data evaluation as needed, and coordinate with appropriate technical specialists to ensure a thorough and defensible assessment of potential impacts and required feasible mitigation measures (if any) related to these site-specific concerns.

CumulaƟve Effects
FCS will describe the reasonably foreseeable future projects within a City-approved defined study area that may result in cumulative impacts associated with the proposed project. This Scope assumes that the City will provide FCS with a list of cumulative projects to be analyzed.

Cumulative projects may be defined within a specified area around the project site as (1) projects constructed, but not occupied; (2) projects approved, but not constructed; (3) pending projects for which a pre-application or formal application has been filed with its respective lead agency; and (4) anticipated or announced projects for which no application has yet been filed with the lead agency, but can be treated as reasonably forseeable. However, the geographical extent of the evaluation area for cumulative impacts varies, depending upon the technical issue to be addressed. Findings of recent court cases will be used to address all pertinent issues. Growth-inducing impacts will be evaluated separately in the Draft EIR in the Other CEQA Considerations section.

AlternaƟves
Pursuant to CEQA Guidelines Section 15126.6, the Draft EIR will evaluate a reasonable range of potentially feasible alternatives to the proposed project. One of the alternatives will be the CEQA- mandated “No Project Alternative.” FCS will evaluate up to two additional alternatives. In addition, the Alternatives section will address the feasibility of any alternatives that were initially considered but rejected from further consideration. Each alternative will be described in sufficient detail and evaluated on a topical section basis against the proposed project to determine if it will have fewer, equivalent, or greater impacts. The environmentally superior alternative will be identified.

Effects Found not to be Significant
CEQA Guidelines Section 15143 establishes that EIRs will focus on significant impacts on the environment and need not discuss in detail effects that are clearly insignificant or unlikely to occur. FCS will prepare the Initial Study and NOP , identifying any resource categories or topical areas that can be “scoped out” pursuant to Section 15143 given the location and context of the project site. A section

12 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
titled Effects Found not to be Significant will be included in the Draft EIR to document the justification for resource categories excluded from detailed analysis in the Draft EIR.

DELIVERABLE:
 Electronic copy (via Dropbox in Microsoft Word format) of the Administrative Draft EIR to the City.

Task 5: Screencheck Draft EIR
It is assumed that the City will coordinate review with the applicant team and will provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the Administrative Draft EIR. FCS will then prepare a Screencheck Draft EIR for review. Note that this Scope assumes only one round of City comments and revisions to the Administrative Draft EIR. Should the estimated hours needed to complete this task exceed the cost identified herein, FCS will coordinate with the City regarding the need for additional funds to ensure incorporation of all comments and edits.

DELIVERABLE:
 Electronic copy (via Dropbox in Microsoft Word format and PDF) of the Screencheck Draft EIR to the City. FCS will also provide a track change version in PDF format of the Screencheck Draft EIR.

Task 6: Public Draft EIR
FCS assumes that the City will coordinate review with the applicant team and will provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the Screencheck Draft EIR. Upon receipt of final City comments on the Screencheck Draft EIR, FCS will proceed with finalizing and producing the Draft EIR for public review. This task assumes technical staff time to complete revisions to the Draft EIR, plus editing and administrative staff time to prepare the document for publication. If additional hours are required, FCS will prepare a budget augment for City review.

FCS will prepare, and City staff will distribute, copies of the Draft EIR to responsible agencies and the public for a 45-day public review period. FCS will provide the SCH with an electronic copy of the document (and appendices) and required notices and forms (the NOC, Notice of Intent to Adopt [NOI], and Summary Form) via CEQAnet to begin the public review period. FCS will be responsible for drafting the NOC and Summary Form and the City will be responsible for drafting the NOI. FCS will provide copies of the Draft EIR to the City, and the City will be responsible for local distribution, noticing, and posting. Finally, this Scope assumes that City staff will prepare and mail all notices associated with the Draft EIR to local agencies and interested parties.

DELIVERABLES:
 Electronic copy of the Draft EIR and appendices (via Dropbox in PDF) to the City.  3 hard copies (appendices on flash drive) of the Draft EIR to the City.  Electronic copy (via CEQAnet) of the Draft EIR and appendices, NOC, NOI, and LCI’s Summary Form to the SCH.

Task 7: Administrative Final EIR
FCS will prepare an Administrative Final EIR in accordance with the applicable requirements contained in CEQA Guidelines Sections 15088 and 15089. The Administrative Final EIR will list all agencies, organizations, and individuals who submitted written comments on the Draft EIR and provide written responses to those comments. To enhance readability and avoid redundancy, FCS will use Master Responses to address frequent and reoccurring comments on the Draft EIR’s analysis, as needed.

13 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
Additionally, the Administrative Final EIR will contain an Errata, which will document minor changes to the Draft EIR text in strikeout-underline format.

Based on FCS’s experience responding to comments on recent projects, we have budgeted 145 hours of FCS staff time (including technical, editing, and administrative personnel) for this task. The anticipated level of effort reflects the receipt of up to 10 non-attorney comment letters. Together with the City, FCS will evaluate the volume and complexity of comments received. If additional time is required beyond what is budgeted, FCS will prepare a budget augment to cover the actual level of effort.

DELIVERABLE:
 Electronic copy (via Dropbox in Microsoft Word format) of the Administrative Final EIR to the City.

Task 8: Screencheck Final EIR
It is assumed that the City will coordinate review with the applicant team and will provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the Administrative Final EIR. Upon receipt of the consolidated comments, FCS will prepare the Screencheck Final EIR.

The intent of the Screencheck Final EIR is to allow City staff to review final changes to the Final EIR prior to publication. It is anticipated that any comments on the Screencheck Final EIR would concern minor points and not require major revisions.

DELIVERABLE:
 Electronic copy (via Dropbox in Microsoft Word format and PDF) of the Screencheck Final EIR to the City. FCS will also provide a track change version of the Screencheck Final EIR.

Task 9: Final EIR and Notice of Determination
It is assumed that the City will coordinate review with the applicant team and will provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the Screencheck Final EIR. Once City staff provides final comments on the Screencheck Final EIR, FCS will proceed with finalizing and producing the Final EIR. This task assumes technical staff time will be required to complete revisions to the Final EIR, plus editing and administrative staff time to prepare the document for publication. If additional hours are required, we will prepare a budget augment for City approval.

FCS will provide copies of the Final EIR to the City, who will be responsible for local distribution, noticing, and posting. FCS will also prepare the Notice of Determination (NOD) for the project, which the City will file, within five business days of EIR certification. This Scope assumes that City staff will prepare and mail all notices associated with the Final EIR to local agencies and interested parties.

DELIVERABLES:
 Electronic copy (via Dropbox in PDF) of the Final EIR and NOD to the City.  Electronic copy (via CEQAnet) of the Final EIR, NOC, and LCI Summary Form to SCH.

Task 10: Mitigation Monitoring and Reporting Program
FCS will prepare a comprehensive Mitigation Monitoring and Reporting Program (MMRP), pursuant to CEQA Guidelines Section 15097. The MMRP will contain all mitigation measures identified in the EIR.

This comprehensive MMRP will provide City staff with a single source of reference to the full range of mitigation measures to be implemented. For each measure or group of similar measures, the agency responsible for ensuring proper implementation will be identified, along with the timing and method of verification. The draft MMRP will be included in the Administrative Final EIR submittal. Once FCS

14 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
receives consolidated, vetted comments (with tracked changes in the Word document) on the MMRP , FCS will complete revisions and provide the City with a final MMRP .

DELIVERABLES:
 Electronic copy (via email in Microsoft Word format) of the draft MMRP to the City.  Electronic copy (via email in PDF) of the MMRP to the City.

Task 11: Findings of Fact and Statement of Overriding Considerations Pursuant to CEQA Guidelines Sections 15091 and 15093, FCS will prepare draft Findings of Fact for each potentially significant effect identified in the EIR and a Statement of Overriding Considerations for any unavoidable significant impacts associated with the proposed project. As required by the CEQA Guidelines, one of three findings must be made for each significant effect and must be supported by substantial evidence in the record. The Statement of Overriding Considerations will rely on input from the project team regarding the benefits of the project. FCS’s Project Manager will consult with the City to review draft findings and to finalize the findings.

DELIVERABLES:
 Electronic copy (via Dropbox in Microsoft Word format) of the draft Findings of Fact and Statement of Overriding Considerations to the City.
 Electronic copy (via Dropbox in PDF) of the Findings of Fact and Statement of Overriding Considerations to the City.

Task 12: Attend Meetings and Public Hearings
This Scope assumes that FCS’s Project Manager will attend the following meetings.  Coordination Meetings: 20 half-hour meetings with City staff conducted during the preparation of the EIR. It is assumed that these meetings can be completed via conference call.  Public Comment Meetings: One, 4-hour meeting during public review of the Draft EIR  Final EIR and Entitlements: One, 4-hour Planning Commission & one, 4-hour City Council meeting A not-to-exceed budget has been established to cover attendance at the meetings. If the City requests additional attendance by FCS staff or if meeting time exceeds the budgeted allocation, FCS will notify City staff of the additional costs and obtain authorization.

Task 13: Project Management and Coordination
In addition to the research, analysis, communications, and report writing tasks described above, FCS will perform a variety of project management duties to ensure that the EIR meets the City’s standards of quality, and that it is delivered on time and within budget. These duties will include team supervision and coordination, oral and written communications with City staff, project accounting, and quality assurance review by FCS’s Project Director and Technical Editor of all deliverable products. These services will also include ongoing support to City staff, such as providing input to staff reports, regular schedule updates, and discussions of technical issues. This task assumes 45 hours of staff time.

Optional Task 14: Stakeholder and Interagency Coordination FCS will provide interagency coordination services with Responsible and Trustee Agencies to support efficient project delivery and clear communication among all parties. Our team will serve as the central coordination point, facilitate timely information exchange, track coordination efforts, and ensure

15 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
agency input is incorporated into project documents in a clear and defensible manner. FCS brings established relationships and key contacts across local and regional agencies, including resource agencies such as CDFW and tribal representatives, enabling our team to efficiently navigate agency processes, anticipate expectations, and facilitate productive coordination.

FCS’s diverse in-house technical team allows us to quickly engage specialists for meetings, agency comments, and technical issue resolution. This integrated approach streamlines communication and supports efficient, cohesive coordination. FCS has proposed an initial budget based on Project Manager and Project Director oversight, with technical specialists engaged as needed based on the City’s needs.

Tasks Outside the Scope of Work
The following are tasks FCS has identified as falling outside its Scope for the proposed project.  Newspaper Noticing/Local Noticing: FCS assumes that City staff will be responsible for public noticing related to the public circulation and certification of the EIR.  NOD Filing/Payment of Fees: FCS assumes that the applicant or City staff will be responsible for filing the NOD with the City Clerk’s Office within five business days of certification of the EIR. The applicant will be responsible for paying the associated filing fees.

Schedule
Task Week
Task 1 Project Initiation and Kick-off Meeting 1
Subtask 1.1 Comprehensive Project Description 3
Task 2 Technical Analyses
Subtask 2.1 Air Quality, GHG Emissions and Energy Assessment, and HRA1 9 Subtask 3.2 Biological Resources Analysis 8
Subtask 3.3 Cultural Resources Analysis2 9
Subtask 2.3.1 SB18 & AB52 Tribal Outreach 9
Subtask 2.3.2 Paleo Resources Assessment 8
Subtask 2.4 Noise Impact Analysis1 9
Subtask 2.5 Water Supply Assessment 10
Task 3 Initial Study, Notice of Preparation, and Scoping Meeting – Submit Draft Initial Study and NOP 10
– Receive Comments on Draft Initial Study and NOP 12
– Finalize Initial Study and NOP and Start of Public Scoping Period 14 – Subtask 3.1: Public Scoping Meetings (2) To Be Determined – 30-day Public Review Period Ends 18
Task 4 Administrative Draft EIR
– Submit Administrative Draft EIR 22
– Receive Comments on Administrative Draft EIR 25
Task 5 Screencheck Draft EIR
– Submit Screencheck Draft EIR 29
– Receive Comments on Screencheck Draft EIR 31

16 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
Task Week
Task 6 Public Draft EIR
– Begin 45-day Public Review Period 33
– 45-day Public Comment Period Ends 39
Task 7 Administrative Final EIR
– Submit Administrative Final EIR3 42
– Receive Comments on Administrative Final EIR 45
Task 8 Screencheck Final EIR
– Submit Screencheck Final EIR 48
– Receive Comments on Screencheck Final EIR 50
Task 9 Final EIR and NOD 52
Task 10 MMRP
– Submit draft MMRP 42
– Receive Comments on MMRP 45
– Submit MMRP 52
Task 11 Findings of Fact and Statement of Overriding Considerations – Submit draft FOF and SOCs 48
– Receive Comments on FOF and SOCs 50
– Submit FOF and SOCs 52
Task 12 Attend Meetings and Public Hearings To Be Determined Task 13 Project Management and Coordination Ongoing
File NOD with Contra Costa County Clerk Within five business days of EIR Certification
Notes
1 Assumes the project trip generation forecast and intersection traffic volumes are complete within 3 weeks of project initiation. Analysis will be conducted 6 weeks after receipt of the project trip generation forecast and intersection traffic volumes, responses to the RFI, and an approved Project Description, whichever is latest. 2 Assumes record search results for Cultural Resources will be obtained within 4 weeks. 3 Dependent on volume and complexity of comments on the Draft EIR.

17 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord

4. Cost Proposal
FCS has prepared the following budget estimating the costs of each task.

18 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord

5. References
In this section, we provide a list of references from clients for whom FCS has provided similar services to those requested by the City. We encourage the City to contact our references to receive a firsthand account of our project performance and standards of quality.

Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA Client City of Walnut Creek Date of Completion February 12, 2026 Address 1666 North Main Street, 2nd Floor, Walnut Creek, CA 94596 Contact Simar Gill, Senior Planner; [email protected]; 925.943.5899 x2115

FCS prepared an EIR and associated technical studies for the Mitchell Townhomes Project located at 2775–2855 Mitchell Drive, 2730–2880 Shadelands Drive, and a portion of 2125 Oak Grove Road in the City of Walnut Creek. The project site is currently occupied by a business park comprised of office buildings, parking, and landscaping. The applicant, Signature Development Group, Inc., proposes to construct four hundred twenty-two 3-story for-sale multi-family dwelling units (townhome-style condominiums) totaling approximately 839,654 gross square feet (gsf) of buildings and 725,653 net square feet of residential units within a 22.2-acre project site. The proposed project would also include two acres of common open space, which includes a central common area, a rain garden, bioretention treatment areas, various paseo walking areas, a dog park, landscaping, stormwater detention, pedestrian paths and seating, as well as infrastructure and off-site improvements. The project is proposed under the Housing Accountability Act, including the Builder’s Remedy and State Density Bonus Law. Additionally, the proposed project would designate 13 percent of the 422 units as low- income, pursuant to the City’s Municipal Code for Inclusionary Housing and the Builder’s Remedy.

FCS and its subconsultant prepared an Air Quality, GHG Emissions and Energy Analysis; Biological and Cultural Resources Analyses; Noise Analysis; and Transportation Impact Analysis. On February 12, 2026, the Planning Commission approved the project. On April 7, 2026, the City Council denied two appeals of the Planning Commission’s decision to approve the project, certifying the EIR including the adoption of an MMRP and approved project entitlements with conditions of approvals.

Martin Hills Ranch Residential Project EIR, Technical Studies, and Due Diligence Services, Town of Danville, CA
Client Town of Danville,
Planning Division
Date of Completion Ongoing
Address 500 La Gonda Way, Danville, CA 94526
Contact David Crompton, Chief of Planning; [email protected]; 925.314.3349

FCS is preparing an EIR and technical studies for the Martin Hills Ranch Residential Project. The project applicant, Bates Stringer—Martin Hills Ranch LLC, is proposing to construct 22 market rate, single- family homes with five Accessory Dwelling Units (ADUs), internal roadways, and a driveway on the approximately 102-acre project site. FCS prepared an Aquatic Resources Delineation Report; Biological Assessment for Endangered Species Act Section 7 Consultation and BRA; Biological Constraints

19 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
Analysis; Breeding Season BUOW Survey Report; Phase I and Section 106 CRAs; and Noise Impact Analysis. The Draft EIR public review period ended in May 2026. FCS is now preparing the Final EIR, Response to Comments, and Findings of Fact.

Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA Client City of Pleasanton Date of Completion May 19, 2026 Address 200 Old Bernal Avenue, Pleasanton, CA 94566
Contact Natalie Amos, Associate Planner; [email protected]; 925.931.5613

FCS prepared an EIR for a proposed 28-lot single-family residential subdivision on a 128.5-acre property, including dedication of open space and construction of a Staging Area for the East Bay Regional Park District. The Draft EIR evaluated the project for compliance with Measures PP and QQ, as well as demolition and reconstruction of two existing single-family homes located in the northeastern portion of the development site, dedication of open space to East Bay Regional Park District, and annexation of a portion of the project site, including the existing Oak Hills Congregation Church Site, into the City of Pleasanton to ensure a logical reorganization of City of Pleasanton boundaries. The Draft 45-day review period ended on January 5, 2026, after which FCS prepared the Final EIR and Responses to Comments. The City Council approved the project on May 19, 2026.

Barber Yard Specific Plan Project EIR, City of Chico, CA Client City of Chico Date of Completion Ongoing
Address 411 Main Street, Chico, CA 95928
Contact Mike Sawley, Principal Planner; [email protected]; 530.879.6800

FCS prepared an EIR and supporting technical analyses for the potential environmental effects of the proposed Barber Yard Specific Plan (BYSP), a comprehensive planning document that will establish specific guiding principles and strategy for development of a 133-acre area within the City of Chico, as well as off-site improvements, including a stormwater detention pond and associated storm drain alignments and outfall, which are located within unincorporated Butte County. Formerly occupied by the Diamond Match Factory (1906 to 1975) and Louisiana-Pacific Corporation (1984 to 1989), the site is bound by existing residential neighborhoods, the Union Pacific Railroad, and rural residential and agricultural uses. The proposed specific plan would establish an arrangement of zoning districts as follows: R2 (Medium Density Residential) 81 acres, R3 (Medium-high Density Residential) 27 acres, RMU (Residential Mixed-use) 13 acres, OS1 (Primary Open Space—Restricted Use) 3 acres, and OS2 (Secondary Open Space) 9 acres. The following City actions would be required:
 Specific Plan: The applicant requests City adoption of a Specific Plan, consistent with Sections 65450 through 65457 of the California Government Code and the City of Chico’s Specific Plan Ordinance (CMC Chapter 19.36).
 General Plan Amendment (GPA): Amendments to the General Plan text and Land Use Diagram will be included to ensure consistency with the final, adopted BYSP .  Rezone: A rezone of the site was included to apply the zoning classifications specified within the BYSP consistent with the land use plan in the final, adopted BYSP .

20 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
FCS prepared the EIR along with the following technical studies: extensive Phase I ESA and Phase II Soil and Groundwater Investigations; Air Quality, GHG Emissions, and Energy Analysis; BRA; CRA; Historic Built Environment Assessment; Noise Impact Analysis; and TIA. The FCS team will peer reviewed the applicant-provided hydrology and geotechnical reports.

East Garrison Specific Plan Project Subsequent EIR, Monterey County, CA Client County of Monterey Date of Completion February 28, 2006 Address 168 West Alisal Street, 2nd Floor, Salinas, CA 93901 Contact Anne Towner, Project Planner; [email protected]; 831.759.6605

FCS prepared a project-level EIR for the Fort Ord Base Reuse Project for the County of Monterey. Fort Ord encompasses approximately 27,964 acres in northern Monterey County. Since the 1991 downsizing and realignment of Fort Ord, land use planning has focused on the redevelopment of Fort Ord with a mixture of educational, residential, office, light industrial, commercial, and recreational land uses. The guiding document, the Fort Ord Reuse Plan (Reuse Plan), outlines the ultimate build out scenario for reuse of the former Fort Ord Military Reservation over the next 40 to 60 years. Consistent with the Reuse Plan, the proposed project consists of redevelopment of 244 acres confined within Track “0” of the East Garrison site, which is located along the eastern boundary of the Fort Ord Military Reservation.

Presently, the East Garrison project site is comprised of buildings utilized for storage purposes. Project implementation will result in a three-phased, mixed-use development, which will be designed to be pedestrian oriented. Specifically, the East Garrison project will result in development of approximately 1,400 homes (with a minimum of 20 percent of the units restricted within each phase for affordable housing); a commercial town center, including a public transit facility; 46 acres of open space, of which 23 acres will be improved parks; landscaped paseos and trails; historic district; and public facilities (fire station, law enforcement facility, transit facility, community center/library facility, post office facility, and historic district interpretive program).

21 Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord

6. Sample Work Products
Below, we provide information on the key personnel involved with each of FCS’s representative projects, as well as links to the EIRs.

Project
Janna Waligorski, MA, Project
Director
Prathna Maharaj, MURP, AICP,
Project Manager
Megan Starr, JD, Legal Counsel
Jackie Winkel, MUP, Air Quality and
GHG Emissions Specialist
Robert Carroll, Biological Resources
and Regulatory Specialist
Hannah Carney, MAGD,
Arboricultural Peer Review Specialist
Dana DePietro, PhD, RPA, Cultural
Resources Specialist
Philip Ault, MS, LEED AP, Noise
Specialist
Michael Stephenson, MBA, ERM,
Hazards/Hazardous Materials
Specialist
Mitchell Townhomes Project
EIR and Technical Studies,
City of Walnut Creek, CA
       
Martin Hills Ranch
Residential Project EIR,
Technical Studies, and Due
Diligence Services, Town of
Danville, CA
     
Hidden Canyon Residences
and Preserve Project EIR, City
of Pleasanton, CA
      
Barber Yard Specific Plan
Project EIR, City of Chico, CA       

NONDISCLOSURE INDEMNIFICATION AGREEMENT

IF CONTRACTOR SUBMITS EXHIBIT CONFIDENTIAL/PROPRIETARY, THE FOLLOWING

NONDISCLOSURE INDEMNIFICATION AGREEMENT MUST BE COMPLETED, SIGNED AND RETURNED

WITH THE OFFER
This indemnification agreement is made and entered into by and between the City of Concord (“City”) and Contractor Company/Organization Name: _________________________________ (“Contractor”) with reference to the following facts:

WHEREAS the City may receive a request for disclosure of Contractor’s submission under the California Public Records Act, Government Code Section 6250, et seq.; and
WHEREAS, Contractor has included in its submission an exhibit entitled “ EXHIBIT – CONFIDENTIAL/PROPRIETARY” containing records that Contractor has determined to constitute trade secrets or other proprietary information exempt from disclosure under the California Public Records Act; and WHEREAS the City requires defense and indemnity from Contractor for the City’s ongoing non-disclosure of Contractor’s EXHIBIT-CONFIDENTIAL/PROPRIETARY;
NOW, THEREFORE, for good and valuable consideration and the mutual promises contained herein, the parties agree to the following:

1. The above recitals are incorporated herein by this reference.

2. Except as otherwise provided herein, th e City will not rele ase Contractor’s EXHIBIT- CONFIDENTIAL/PROPRIETARY based on Contractor’s representation that the records contained therein areproprietary and exempt from disclosure under the California Public Records Act and/or are trade secrets as that term is defined in Government Code Section 6250, et seq. Notwithstanding the foregoing, however, the City may release Contractor’s EXHIBIT-CONFIDENTIAL/PROPRIETARY in the event of any of the following:
a. Contractor fails to comply with the terms and conditions of this indemnification agreement; or b. Contractor provides the City with written notice that some or all of the records may be released; or c. A court of competent jurisdiction orders the City to release the records and the City has exhausted or waived its appeal rights.

3. To the fullest extent allowed by law, the City shall not be liable for, and Contractor shall defend and indemnify City and its City Council, officers, directors, employees and agents of City (collectively “City Parties”), against any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, cha rges or costs of any kind or character, including attorneys’ fees (whether incurred by City attorneys or attorneys employed by City) and court costs (hereinafter collectively referred to as “Claims”), related to Contractor’s EXHIBIT-CONFIDENTIAL/PROPRIETARY.

4. Contractor waives any and all claims in law or equity and hereby releases the City Parties from any and all claims, deductibles, self- insured retentions, demands, liability, judgmen ts, awards, fines, mechanics’ liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including atto rneys’ fees and court costs, wh ich arise out of or are in an y way connected to Contractor’s EXHIBIT-CONFIDENTIAL/PROPRIETARY.

TO BE COMPLETED BY AN AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR Contractor Company/Organization Name:

Authorized Representative Name:

Authorized Representative Title:

Signature: Date:
$WWDFKPHQW
FCS International, Inc. dba FirstCarbon Solutions
FCS International, Inc. dba FirstCarbon Solutions
Mary Bean
Senior Vice President
June 26, 2026

Environmental Impact Report for the City of Concord
Townsquare Project (RFP No. CDD20260603)
City of Concord
Appendix A:

Resumes

CORPORATE RESUME
Janna Waligorski, MA
Janna Waligorski, MA, has more than 18 years of experience managing the preparaƟon of CEQA and NEPA documentaƟon, and has extensive experience preparing a wide range of planning and environmental impact analysis documents for jurisdicƟons throughout California. She has acƟvely overseen the compilaƟon and compleƟon of EIRs, IS/MNDs, Environmental Assessments (EAs), Addenda, and MMRPs. She has completed CEQA and/or NEPA documentaƟon for mixed-use, residenƟal, commercial, retail, transportaƟon, industrial, recreaƟonal, and insƟtuƟonal projects, with extensive work on constraints analyses, land use compaƟbility, transportaƟon and circulaƟon issues, farmland conversion, and visual impacts (aestheƟcs). Ms. Waligorski also offers experience in GIS and graphic applicaƟons, which allow her to understand and arƟculate complex spaƟal concepts.

Related Experience and Client Summary
 Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA: Ms. Waligorski is directing the preparation of the Mitchell Townhomes Project EIR in the City of Walnut Creek, California. The proposed project would construct four hundred twenty-two 3-story multi-family dwelling units in townhome-style condominium configurations in approximately 82 building groups on a 22.2-acre site. The supporting technical studies include air quality, GHG emissions, and energy; biological resources, cultural and TCRs, noise, and transportation assessment.
 Barber Yard Specific Plan Project EIR, City of Chico, CA: Ms. Waligorski is directing the preparation of an EIR and supporting technical analyses for the potential environmental effects of a proposed comprehensive planning document that would establish specific guiding principles and strategy for development of a 133-acre area, as well as off-site improvements, including a stormwater detention pond and storm drain alignments and outfall.  East Pleasanton Specific Plan Draft EIR, City of Pleasanton, CA: Ms. Waligorski managed the preparation of a Draft EIR for the East Pleasanton Specific Plan in the City of Pleasanton. The Specific Plan encompassed approximately 1,100 acres located east of Valley Avenue and Busch Road and north of Stanley Boulevard, and included quarry lakes, public facilities, and undeveloped land.  Tassajara Parks Project EIR, Contra Costa County, CA: Ms. Waligorski directed the preparation of a comprehensive, project-level EIR for this landmark project located outside the boundary of the existing Urban Limit Line (ULL) in Contra Costa County. The project site consisted of two separate parcels: (1) a 155-acre northern site to be developed with 125 single-family residences, a walking trail, and trail staging area, and (2) a 616-acre southern site, the majority of which would be dedicated to the East Bay Regional Park District for permanent open space uses with two 5-acre parcels dedicated to the San Ramon Valley Unified School District and San Ramon Valley Fire Protection District.  North Camino Ramon Specific Plan EIR, City of San Ramon, CA: FCS prepared the North Camino Ramon Specific Plan EIR on behalf of the City of San Ramon to facilitate the redevelopment of the Specific Plan area from an automobile- Project Director

EDUCATION
Master of Arts,
Geography, with
Distinction, California
State University, Chico,
2011
Bachelor of Arts,
Geography, California
State University, Chico,
2004

PROFESSIONAL

AFFILIATIONS
California Geographical
Society
Gamma Theta Upsilon
Geographic Honor Society

Janna Waligorski, MA

PROJECT DIRECTOR

CORPORATE RESUME
dominated, low-density commercial area to a transit- and pedestrian-oriented neighborhood. Ms. Waligorski assisted with document drafting and production.
 Richmond Riviera Addendum, City of Richmond, CA: Ms. Waligorski managed the preparation of an Initial Study/Addendum to the Westshore Marina Condominium EIR for the development of 59 single-family detached homes on 4.92 acres at the southern edge of the City of Richmond. Ms. Waligorski oversaw document preparation, compilation, and delivery.
 Avalon Walnut Creek Block C Environmental Checklist, Contra Costa County, CA: Ms. Waligorski prepared an Environmental Checklist to analyze and document the potential environmental impacts of the 1998 Pleasant Hill BART Station Specific Plan EIR, 2002 IS/MND, and 2005 Addendum to the IS/MND. The project consisting of a 4- to 6-story multi-family residential building containing 200 for-rent units was consistent with previously completed environmental documentation and applicable mitigation measures.  Mayhew Way Project Class 32 CEQA Exemption, City of Pleasant Hill, CA: FCS prepared a Class 32 CEQA Exemption and a General Plan analysis for the proposed construction of 48 single-family residential units on a 3.3-acre project site at 100 Mayhew Way, along Highway Interstate 680 (I-680) (west). Ms. Waligorski assisted with document drafting and production.
 Willow Avenue Commercial Center Project IS/MND, City of Hercules, CA: FCS prepared an IS/MND for the proposed construction of up to 156,627 square feet of self-storage and service commercial uses in Hercules, California. The storage facility would include four buildings totaling 128,627 square feet and the service commercial uses would include four buildings totaling 28,000 square feet. Ms. Waligorski assisted with document drafting and production.
 John Muir Parkway Extension Project IS/MND and Preliminary Environmental Study (PES) for NEPA Clearance, City of Brentwood, CA: Ms. Waligorski managed the preparation of an IS/MND (2007) and PES (2010 and 2014) for the relocation of Concord Avenue as John Muir Parkway extension.  Mangini Residential Project IS/MND, City of Brentwood, CA: Ms. Waligorski managed the preparation of an IS/MND for the Mangini Residential Project in the City of Brentwood. The project applicant (Lafferty Communities) proposed to develop 36 single-family dwelling units on the 9.77-acre project site.  IKEA Retail Center Supplemental EIR, City of Dublin, CA: Ms. Waligorski managed the preparation of a Supplemental EIR and associated technical studies for the construction of a 399,499-square-foot commercial retail center on a 27.45-acre site and would be anchored by a 377,479-square-foot IKEA store. The project also included a 32,800-square-foot hotel or 16,400 square feet of retail use, an 8,000-square-foot restaurant, and a separate 3,600 square feet of retail use, and 8,000 square feet of restaurant or retail use.  Kaiser Dublin Medical Center EIR, City of Dublin, CA: Ms. Waligorski assisted in the completion of a project- level EIR for the development of an approximately 1.2-million-square-foot medical center on 58 acres in eastern Dublin. The proposed medical center included a 950,000-square-foot medical campus and a 250,000-square-foot commercial component. The project would be constructed in three phases over 24 years. Ms. Waligorski assisted in the completion of an Air Quality/GHG Emissions Analysis for the Kaiser Dublin Medical Center EIR.
 CarMax Auto Mall Addendum, City of Pleasanton, CA: Ms. Waligorski directed the preparation of a comprehensive Addendum to the Stoneridge Drive Specific Plan Amendment (SPA)/Staples Ranch EIR for the development of a CarMax Pre-owned Automobile Dealership (CarMax Superstore) on 19.66 acres in the City of Pleasanton.
 Vintage Addendum, City of Pleasanton, CA: Ms. Waligorski managed the preparation of an Addendum to the City of Pleasanton’s General Plan Supplemental EIR and provided CEQA analysis and support as sites designated for residential development in the Housing Plan were developed. The Vintage residential project consisted of 345 residential units and 38,781 square feet of commercial retail space.

CORPORATE RESUME
Prathna Maharaj, MURP , AICP
Prathna Maharaj, MURP , AICP, is an Environmental Project Manager with more than 7 years of experience in public and private sector planning. Ms. Maharaj specializes in environmental analysis and has worked on a range of residenƟal, commercial, industrial, and infrastructure projects. She has experience with annexaƟon projects requiring public service and uƟlity demand forecasƟng and inter-agency coordinaƟon service provision. She also worked on program-level environmental documents for specific plans, general plan updates, and infrastructure plans. Ms. Maharaj has developed a strong understanding of land use and housing policy at the University of California, Irvine, Master of Urban and Regional Planning program, where she focused on sustainable community development. Furthermore, she has strong wriƩen and verbal communicaƟon skills and has provided support for a range of planning efforts.

Related Experience and Client Summary
 Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA: Ms. Maharaj is managing the preparation of the Mitchell Townhomes Project EIR in the City of Walnut Creek, California. The proposed project would construct four hundred twenty-two 3-story multi-family dwelling units in townhome-style condominium configurations in approximately 82 building groups on a 22.2-acre site. The supporting technical studies will include air quality, GHG emissions, and energy; biological resources; cultural and TCRs; noise; and transportation assessment.
 Martin Hills Ranch Residential Project EIR, Technical Studies, and Due Diligence Services, Town of Danville, CA: FCS is preparing an EIR and technical studies, and providing Due Diligence Services for the Martin Hills Ranch Residential Project. The project applicant, Bates Stringer—Martin Hills Ranch LLC, is proposing to construct 22 market rate, single-family homes with five ADUs, internal roadways, and a driveway on the approximately 102-acre project site.

FCS prepared an Aquatic Resources Delineation Report; Biological Assessment for Endangered Species Act Section 7 Consultation and BRA; Biological Constraints Analysis; Breeding Season BUOW Survey Report; Phase I and Section 106 CRAs; and Noise Impact Analysis. The Draft EIR is currently out for public review, which will conclude in May, following which FCS will prepare a Final EIR and Response to Comments, as needed.
 Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA:

Ms. Maharaj is managing the preparation of an EIR for a proposed 33-lot single- family residential subdivision on a 128.5-acre property, including dedication of open space and construction of a Staging Area for the East Bay Regional Park District.
 Martin Ranch Residential Project EIR, Technical Studies, and MMRP , Town of Danville, CA: Ms. Maharaj is managing the preparation of the Elworthy Property Residential Project EIR and Technical Studies. The project applicant is proposing to construct 20 single-family homes, with approximately 25 percent (five homes) being designed with ADUs. The residential lots would be clustered in the Project Manager

EDUCATION
Master of Urban and
Regional Planning,
University of California,
Irvine, CA, 2020
Bachelor of Science,
Environmental Science
and Management,
Emphasis on Natural
Resource Management,
Minor in Education,
University of California,
Davis, CA, 2017

LICENSE AND

CERTIFICATION
American Institute of
Certified Planners
Certification, Certification
No. 33057, 2021

PROFESSIONAL

AFFILIATIONS
American Planning
Association (APA)
National Association of
Environmental
Professionals

CORPORATE RESUME
Prathna Maharaj, MURP, AICP

PROJECT MANAGER
southeastern portion of the approximately 102-acre project site. The supporting technical studies will include air quality, GHG emissions, and energy; biological resources; cultural and TCRs; noise; and transportation assessment.
 Evergreen Ranch Estates Residential Project EIR, Town of Danville, CA: Ms. Maharaj is managing the preparation of an EIR and technical studies for the Sherburne Hills Residential Project. A proposed Master Development Plan would divide the 20.03-acre project site’s two existing parcels into three development areas that would contain a total of 18 single-family lots and 18 ADUs. ADUs would either be attached, detached, or internal and would be deed restricted to persons qualifying as “low income.” A new bridge crossing is proposed to provide access between the development areas for both pedestrians and vehicles.  Montague Point Industrial Project EIR and Technical Studies, City of San José, CA: Ms. Maharaj is managing the preparation of an EIR for the Montague Point Industrial Project. The project would construct three new buildings consisting of 463,000 square feet of commercial uses focused on R&D, advanced manufacturing/industrial uses, and warehouse and distribution uses on a 23.75-acre project site. The supporting technical studies will include air quality, GHG emissions, and energy; biological resources; cultural resources; noise; and transportation assessment.
 Irvine Complex Medical Center EIR, University of California, Irvine, CA: Ms. Maharaj assisted with preparation of a Subsequent EIR for the UCI Health integrated medical campus providing inpatient, ambulatory, and emergency care services. The development included an up to 144-bed Acute Care Hospital, 225,000-gross-square-foot (gsf) Ambulatory Care Center, a central utility plant, and a 1,400-space parking structure.
 Sea Cove Residential Project Technical Studies, City of Pacifica, CA: Ms. Maharaj is managing the preparation of technical studies for the Sea Cove Residential Project in the City of Pacifica, California. The proposed project would include the demolition of the existing bowling alley, removal of trees, and the subdivision of the 9.1-acre site into 34 lots, 25 of which would be residential lots. The project site would be developed with a total of 113 residential units, including 91 multi-family units and duets, and 22 ADUs. The FCS team is preparing the technical studies for air quality, GHG emissions, and energy; biological resources; cultural resources; noise; visual simulations/visual impacts assessment; and transportation.  2334 Lundy Place Industrial Warehouse Project IS/MND, City of San José, CA: Ms. Maharaj is managing the preparation of an IS/MND and associated technical studies for the 2334 Lundy Place Industrial Building Project in the City of San José, California. The proposed project would include demolition of the existing building and construction of a new 132,419-square-foot, concrete industrial building with office space. The FCS team is preparing technical studies in the areas for air quality, GHG, and energy; biological resources; cultural resources; geology and soils; hazards and hazardous material; noise; and transportation. The Draft IS/MND has been circulated for public review; FCS is currently preparing responses to comments received.  13845 Saratoga Avenue Residential Project Class 32 Exemption, City of Saratoga, CA: Ms. Maharaj managed the preparation of a Class 32 Exemption and supporting technical studies for a 5-lot subdivision on 1.6 acres.

In preparation for the Class 32 Exemption, FCS prepared an Infill Exemption Environmental Analysis Memorandum to identify if the project qualified for the Infill Exemption under CEQA Guidelines Section 15332. The supporting technical studies will include air quality, GHG emissions, and energy; biological resources; cultural resources; noise; and transportation/VMT assessment.  Washington Plaza Retail Project IS/MND and Technical Studies, City of Murrieta, CA: Ms. Maharaj is managing the preparation of an IS/MND and supporting technical studies for a proposed retail plaza that consists of a 4,456-square-foot fast food restaurant with drive-thru, a 4,150-square-foot carwash, a fueling canopy with 16 vehicle fueling pumps, a 4,000-square-foot convenience store, and a 1,500-square-foot restaurant on 3.4 acres.

CORPORATE RESUME
Megan Starr, JD
Megan Starr, JD, is a licensed AƩorney with more than 26 years of experience in providing support and direcƟon to mulƟple stakeholders on large projects involving State and federal environmental laws, including CEQA, the Endangered Species Act, the Migratory Bird Treaty Act (MBTA), the NaƟonal Historic PreservaƟon Act (NHPA), the Clean Air Act, and the CWA. She has represented a wide variety of public agencies, including ciƟes, counƟes, school districts, community services districts, transportaƟon agencies, and water districts, on issues related to environmental and land use planning. Ms. Starr has also assisted in the preparaƟon of numerous environmental documents, including EIRs/EISs, Categorical Exclusions, Findings of No Significant Impact (FONSIs), NegaƟve DeclaraƟons (NDs), MulƟple Species Habitat ConservaƟon Plans (MSHCPs), and MMRPs. In addiƟon to providing legal counsel services, Ms. Starr has served as a CEQA Guidelines Project Manager and has prepared and distributed customized CEQA Guidelines and related forms for more than 60 different public agencies.

Related Experience and Client Summary
Ms. Starr played a key role in FCS’s quality assurance/quality control process by reviewing documents to ensure legal defensibility for the following projects:
 Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA  Martin Hills Ranch Residential Project EIR, Technical Studies, and Due Diligence Services, Town of Danville, CA
 Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA  Barber Yard Specific Plan Project EIR, City of Chico, CA  CityWalk Master Plan EIR, City of San Ramon, CA
 Fresno SEDA Specific Plan Program EIR and Recirculated Program EIR, City of Fresno, CA
 Del Hombre Apartments Project EIR, Contra Costa County, CA  Oak Road Townhouse Condominiums Project EIR and Peer Review of Technical Studies, Contra Costa County, CA
 CenterPoint Properties Logistics Warehouse Project EIR, Contra Costa County, CA  Scannell Properties Logistics Warehouse Project EIR, Contra Costa County, CA  Oak Park Properties Specific Plan EIR, City of Pleasant Hill, CA  Downtown Cleaveland Multi-family Residential Project EIR, City of Pleasant Hill, CA  Walnut Creek-Mixed Use Special District Project Supplemental EIR, City of Walnut Creek, CA
 Alves Ranch EIR Addendum, City of Pittsburg, CA
 Terraces of Lafayette EIR Addendum, City of Lafayette, CA  The Ranch Project Recirculated EIR, City of Antioch, CA  City Village Project Addendum to the North Camino Ramon Specific Plan EIR, City of San Ramon, CA
Legal Counsel

EDUCATION
Juris Doctorate, with
Honors, University of
Southern California Gould
School of Law, CA, 2001
Bachelor of Arts, History,
with a Comparative
Degree in Law and
Society, Cum Laude,
Dean’s List, Regents
Scholar, University of
California, Riverside, CA,
1998

LICENSE
California State Bar No.
217675

Megan Starr, JD

LEGAL COUNSEL

CORPORATE RESUME
 1125 North Gate Road Project CEQA Guidelines Section 15183 Exemption and Consistency Checklist and Phase I CRA, Contra Costa County, CA
 Quick Quack Car Wash IS/MND and Technical Studies, City of Pittsburg, CA  Orchards Project 15183 Consistency Checklist, City of San Ramon, CA  Arroyo Lago Development Project EIR, Alameda County, CA  Spotorno Ranch Project Subsequent EIR, City of Pleasanton, CA  City of Pleasanton 2023–2031 (6th Cycle) Housing Element Update Program EIR, City of Pleasanton, CA  Sausalito Comprehensive General Plan Update and EIR, City of Sausalito, CA  1000 Gibraltar Drive 15164 Addendum to the 1000 Gibraltar Drive Final EIR, City of Milpitas, CA  CEQA Section 15164 Addendum for the City of Milpitas General Plan Update Final EIR and the City of Milpitas Metro Specific Plan Subsequent Final EIR, City of Milpitas, CA  5670 Camden Avenue Residential Project EIR and Technical Studies, City of San José, CA  Growth Management Ordinance (GMO) Ballot Measure General Plan EIR Addendum, City of Healdsburg, CA  Elnoka CCRC Project EIR, City of Santa Rosa, CA
 Tracy Alliance Project EIR and Technical Studies, City of Tracy, CA  Westside Industrial Project EIR, Kern County, CA
 Addendum to the Irvine Business Complex (IBC) Vision Plan and Mixed-use Overlay Zoning Code EIR 2400 Barranca Parkway Project, City of Irvine, CA
 Trails at Santiago Creek Specific Plan EIR, City of Orange, CA  Bridge Point Project EIR, Technical Reports, and Responses to Comments Peer Review, City of Rancho Cucamonga, CA
 Prado Raceway EIR and Technical Studies, Riverside County, CA  Trails of Corona EIR and Technical Studies, Riverside County, CA  Addendum to the Corona Groundwater Management Plan (GWMP) Program EIR for the Mangular Blending Facility Project, City of Corona, CA
 Rio Vista Specific Plan EIR, City of Jurupa Valley, CA  Addenda to the City of Menifee General Plan EIR and Cantalena Specific Plan EIR, City of Menifee, CA  Casa Blanca Elementary School Focused EIR and Technical Studies, Riverside Unified School District, Riverside, CA  Poly High School Baseball Fields Focused EIR and Technical Studies, Riverside Unified School District, Riverside, CA  Lassen Road Residential Development Project IS/MND, City of Livermore, CA  10x Genomics Development Project IS/MND and Supporting Technical Analysis, City of Pleasanton, CA  Villages at the Quarry Project Consistency Checklist and Technical Studies, City of Pleasanton, CA  Westin Hotel 15183 Checklist, City of Napa, CA
 Yamane Warehouse Project CEQA Guidelines Sections 15168 and 15183 Consistency Checklist, City of Gilroy, CA PublicaƟons
Lobel, C. (Nossaman, Guthner, Knox & Elliott), Starr, M. (Best Best & Krieger), and Calfee, C. (Best Best & Krieger). (2006). Legally Defensible Environmental Review Under CEQA.

CORPORATE RESUME
Jackie Winkel, MUP
Jackie Winkel, MUP, is a senior environmental and air quality planning professional with more than 14 years of CEQA/NEPA experience in project and programmaƟc air quality and GHG emissions analysis and a robust regulatory background. She spent nearly a decade with the Bay Area Air District’s Planning Division, developing deep experƟse in the regulatory frameworks for air pollutants, air toxics, and the climate—regularly applying Air District CEQA guidelines, thresholds, and regional air plan policies to projects. On the regulatory and community front, she has led work under the Bay Area Air District’s Community Air Risk EvaluaƟon Program and AB 617 to advance environmental jusƟce, community engagement, and emissions reducƟon strategies. She is the principal author of Planning Healthy Places, a widely used guide that integrates air quality and land use planning to reduce exposure and improve land use compaƟbility, and she also led the modeling effort that created regional, screening-level data of all staƟonary and mobile air polluƟon sources in the San Francisco Bay Area region. She has a thorough understanding of the air quality and GHG emissions analysis methods recommended by several air districts, including the Bay Area Air District, South Coast Air Quality Management District, and San Joaquin Valley Air PolluƟon Control District. She applies this experƟse to conduct defensible CEQA air quality and GHG emissions analyses aligned with various Air District thresholds and State requirements. As a project manager with FCS, Ms. Winkel manages overall project delivery, coordinates with clients, assigns work, reviews draŌ deliverables, and manages project schedules. On the public agency side, Ms. Winkel’s experience includes oral presentaƟons to the general public and the Air District Board of Directors, community outreach and engagement, and stakeholder management.

Related Experience and Client Summary
 Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA: FCS prepared an EIR and associated technical studies for the Mitchell Townhomes Project EIR in the City of Walnut Creek, California. The proposed project would construct four hundred twenty-two 3-story multi-family dwelling units in townhome-style condominium configurations in approximately 82 building groups on a 22.2-acre site. Ms. Winkel led the air quality, GHG, and energy technical analyses, including development of emissions estimates, air dispersion modeling, and HRA, responded comments on the Draft EIR, and served as the subject matter expert providing testimony before the Planning Commission and the City Council for ultimate project approval.  Martin Hills Ranch Residential Project EIR, Technical Studies, and Due Diligence Services, Town of Danville, CA: FCS is preparing an EIR and technical studies, and providing Due Diligence Services for the Martin Hills Ranch Residential Project. The project applicant, Bates Stringer—Martin Hills Ranch LLC, is proposing to construct 22 market rate, single-family homes with five ADUs, internal roadways, and a driveway on the approximately 102-acre project site.

FCS prepared an Aquatic Resources Delineation Report; Biological Assessment for Endangered Species Act Section 7 Consultation and BRA; Biological Air Quality/
Greenhouse Gas
Emissions and Energy
Specialist

EDUCATION
Master of Urban Planning,
University of Wisconsin-
Milwaukee, Milwaukee,
WI, 2009
Bachelor of Science,
Urban and Regional
Studies, University of
Wisconsin Oshkosh,
Oshkosh, WI, 2007

TECHNICAL

EXPERTISE
CalEEMod
American Meteorological
Society/Environmental
Protection Agency
Regulatory Model
Modeling System
(AERMOD)
Hotspots Analysis and
Reporting Program
(HARP)
ARB’s EMissions FACtor
model
GHG Emissions
Quantification and
Analysis
General Reporting
Protocol and Local
Government Operations
Protocol
Air Quality/State
Implementation Plan
Planning and
Implementation

CORPORATE RESUME
Jackie Winkel, MUP

AIR QUALITY/GREENHOUSE GAS EMISSIONS

AND ENERGY SPECIALIST
Constraints Analysis; Breeding Season BUOW Survey Report; Phase I and Section 106 CRAs; and Noise Impact Analysis. The Draft EIR is currently out for public review, which will conclude in May, following which FCS will prepare a Final EIR and Response to Comments, as needed. Ms. Winkel led the air quality, GHG and energy technical analysis, including development of emissions estimates, air dispersion modeling, and HRA.  Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA: FCS is preparing an EIR for a proposed 33-lot single-family residential subdivision on a 128.5-acre property, including dedication of open space and construction of a Staging Area for the East Bay Regional Park District. Ms. Winkel is leading the air quality, GHG, and energy technical analyses, including development of emissions estimates, air dispersion modeling, and Health Risk Assessment.,
 Barber Yard Specific Plan Project EIR, City of Chico, CA: FCS is preparing an EIR and supporting technical analyses for the potential environmental effects of a proposed comprehensive planning document that would establish specific guiding principles and strategy for development of a 133-acre area, as well as off-site improvements, including a stormwater detention pond and storm drain alignments and outfall. As the Senior Air Quality Scientist, Ms. Winkel provided a senior level review of the air quality, GHG emissions, and energy sections.
 Fresno SEDA Specific Plan Project Program EIR and Recirculated Program EIR, City of Fresno, CA: FCS prepared the Program EIR, subsequent Recirculated Program EIR, and technical studies for the Fresno SEDA Specific Plan Project for the City of Fresno, California. The proposed project is a Specific Plan for SEDA that would provide increased density, accelerate housing production throughout the Plan Area, and offer flexibility in meeting the evolving needs of households in the region through a multi-modal transportation network and diverse housing types and affordability levels. The proposed project would link major transit lines, mixed-use centers, diverse residential districts, employment districts, open space, agriculture, and green infrastructure. It could accommodate 45,000 homes and 37,000 jobs within the 9,000-acre planning area by the year 2050. Ms. Winkel led and oversaw the air quality, GHG and energy technical analyses in the EIR.
 BoDean Company Construction Materials Processing Plant (File No. 19-16) EIR, Town of Windsor, CA: FCS prepared an EIR and supporting technical studies for the proposed the construction of an asphalt manufacturing plant and associated ancillary buildings in the Town of Windsor. As the Senior Air Quality Scientist, Ms. Winkel managed and oversaw the preparation of the air quality, GHG emissions and energy impact analyses, including overseeing the technical modeling to calculate and assess air pollutant and GHG emissions; quantification of air pollutant and GHG emissions related to stationary sources; identification of feasible mitigation measures; and incorporation of public comments received during the scoping process.  Villages at the Quarry Project Consistency Checklist and Technical Studies, City of Pleasanton, CA: FCS prepared a Consistency Checklist and supporting technical studies for the Villages at the Quarry project in the City of Pleasanton, California. To support implementation of the City’s approved 6th Cycle Housing Element Update, the applicant proposed a residential development comprising four distinct “villages,” totaling up to 412 single- and multi-family dwelling units and 57 Junior Accessory Dwelling Units (JADUs).

Ms. Winkel conducted the air quality modeling and authored the air quality, GHG emissions, and energy analyses presented in the Consistency Checklist and technical study.  New Fire Station No. 63 Consistency Checklist and Technical Analyses, City of South San Francisco, CA: FCS prepared a Consistency Checklist and a Phase I CRA for the proposed demolition of the existing structure on the site and construction of a 10,152-square-foot firehouse with three truck bays. Ms. Winkel conducted the air quality modeling and authored the air quality, GHG emissions, and energy analyses presented in the Consistency Checklist.

CORPORATE RESUME
Robert Carroll
Robert Carroll has more than 17 years of experience in environmental analysis, biological resources, and regulatory permiƫng. While working at the Oregon Department of Fish and Wildlife (ODFW), Mr. Carroll conducted spawning surveys of adult salmonids in numerous streams throughout the WillameƩe Valley. His experience at the ODFW also included spawning and rearing techniques at various ODFW run fish hatcheries for the dispersal of steelhead in lakes and rivers throughout the Corvallis watershed. Mr. Carroll also contributed to ODFW’s preliminary study to document fish diversity throughout the LiƩle Muddy Creek. As a Biologist and Regulatory Specialist, Mr. Carroll’s experƟse includes mulƟ-agency regulatory permiƫng and compliance (NEPA, CEQA, and California and federal Endangered Species Acts), natural resource assessments, special-status flora and fauna species surveys, construcƟon compliance monitoring, and wildlife habitat assessments. Mr. Carroll has extensive experience managing wetland delineaƟon projects and performing regulatory permiƫng pursuant to the jurisdicƟon of the CDFW, the RWQCB, the USACE, and other local and regional agencies and organizaƟons. He is well versed in the CWA SecƟons 404 and 401 permiƫng and the CDFW Code 1602 permiƫng.

Related Experience and Client Summary
 Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA: FCS prepared the Mitchell Townhomes Project EIR in the City of Walnut Creek, California. The proposed project would construct four hundred twenty- two 3-story multi-family dwelling units in townhome-style condominium configurations in approximately 82 building groups on a 22.2-acre site. The supporting technical studies include air quality, GHG emissions, and energy; biological resources, cultural and TCRs, noise, and transportation assessment.

Mr. Carroll drafted the BRA and the Biological Resources Section of the EIR.  Martin Hills Ranch Residential Project EIR, Technical Studies, and Due Diligence Services, Town of Danville, CA: FCS is preparing an EIR and technical studies, and providing Due Diligence Services for the Martin Hills Ranch Residential Project. The project applicant, Bates Stringer—Martin Hills Ranch LLC, is proposing to construct 22 market rate, single family homes with five ADUs, internal roadways, and a driveway on the approximately 102-acre project site.

FCS prepared an Aquatic Resources Delineation Report; Biological Assessment for Endangered Species Act Section 7 Consultation and BRA; Biological Constraints Analysis; Breeding Season BUOW Survey Report; Phase I and Section 106 CRAs; and Noise Impact Analysis. The Draft EIR is currently out for public review, which will conclude in May, following which FCS will prepare a Final EIR and Response to Comments, as needed. Mr. Carroll drafted the BRA, Jurisdictional Delineation, and the Biological Resources Section of the EIR.  Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA:

FCS is preparing an EIR for a proposed 33-lot single-family residential subdivision on a 128.5-acre property, including dedication of open space and construction of a Staging Area for the East Bay Regional Park District. Mr. Carroll is drafting the BRA and Biological Resources Section of the EIR.

Biological Resources
and Regulatory
Compliance Specialist

EDUCATION
Bachelor of Science,
Fisheries Science,
Concentration in Water
Resources, Cum Laude,
Oregon State University,
Corvallis, OR, 2016
Bachelor of Arts,
Marketing, College of
Business Administration,
Marquette University,
Milwaukee, WI, 2007

LICENSES AND

CERTIFICATIONS
Fairy Shrimp Identification
Certification, 2017
Wetland Delineation
Certification, 2018
AWARDS
Milt Guymon Endowment
Scholar, 2015
Gerald L. Fisher
Aquaculture and Hatchery
Management Scholarship,
2015

PROFESSIONAL

AFFILIATIONS

AND VOLUNTEER
WORK
Orange County
Coastkeeper Beach
Cleanup Team, 2013
Member, Marquette
University Diversity Club,
2003–2005

Robert Carroll

BIOLOGICAL RESOURCES AND REGULATORY COMPLIANCE

SPECIALIST

CORPORATE RESUME
 Barber Yard Specific Plan Project EIR, City of Chico, CA: FCS is preparing an EIR and supporting technical analyses for the potential environmental effects of a proposed comprehensive planning document that would establish specific guiding principles and strategy for development of a 133-acre area, as well as off-site improvements, including a stormwater detention pond and storm drain alignments and outfall. Mr. Carroll drafted the BRA and Biological Resources Section of the EIR.
 Baldwin Master Plan/Zacharias Master Plan EIR and Technical Studies, City of Patterson, CA: FCS is preparing an EIR and related technical studies for the proposed project, which consists of two geographical areas: the Northwest Patterson Master Plan area and the South area. Both areas are located in unincorporated Stanislaus County. The property owners are proposing to adjust the SOI to encompass the Master Plan area and South area and annex these areas into the Patterson City limits. The Master Plan would guide the development of residential, commercial, and industrial uses, as well as supporting infrastructure and public facilities. The studies include an Air Quality and GHG Emissions Analysis, BRA, CRA, Noise Impact Analysis, Traffic Impact Analysis (TIA), Flood Hazard Map Revision, Hydrologic Analysis, and MSR. Mr. Carroll assisted in drafting the BRA.
 Fresno SEDA Specific Plan Program EIR and Recirculated Program EIR, City of Fresno, CA: FCS prepared the Program EIR, subsequent Recirculated Program EIR, and technical studies for the Fresno SEDA Specific Plan Project for the City of Fresno, California. The proposed project is a Specific Plan for SEDA that would provide increased density, accelerate housing production throughout the Plan Area, and offer flexibility in meeting the evolving needs of households in the region through a multi-modal transportation network and diverse housing types and affordability levels. The proposed project would link major transit lines, mixed-use centers, diverse residential districts, employment districts, open space, agriculture, and green infrastructure.

It could accommodate 45,000 homes and 37,000 jobs within the nearly 9,000-acre planning area by the year 2050. Mr. Carroll drafted the Biological Resources Section of the EIR.  Tassajara Parks Project EIR, Contra Costa County, CA: FCS prepared an EIR for this landmark project located outside the boundary of the existing ULL in Contra Costa County. The project site consists of two separate parcels:
(1) a 155-acre northern site to be developed with 125 single-family residences, a walking trail, and trail staging area, and (2) a 616-acre southern site, the majority of which would be dedicated to the East Bay Regional Park District for permanent open space uses with two 5-acre parcels dedicated to the San Ramon Valley Unified School District and San Ramon Valley Fire Protection District. Mr. Carroll assisted in writing the Biological Resources section of the project EIR and providing responses to subsequent comments.  Oak Road Townhouse Condominiums Project EIR and Peer Review of Technical Studies, Contra Costa County, CA: FCS prepared an EIR and peer reviewed technical studies for a proposed subdivision. The applicant (SummerHill Homes) is constructing 125 townhouse condominium units located in nineteen 3- story buildings and associated improvements on a 5.94-acre site in unincorporated Contra Costa County, adjacent to the City of Walnut Creek. The eight existing parcels are currently zoned Low- and Medium- density Single-family Residential (R-15), Medium- and High-density Multiple-family Residential (M-17), and High-density Multiple-family Residential (M-29). The project includes rezoning all eight parcels to Planned Unit District (P-1), a vesting tentative map to subdivide the parcels into 125 residential lots, and approval of a preliminary and final development plan. The Board of Supervisors approved the project on March 1, 2022.

Mr. Carroll peer reviewed the applicant’s BRA, provided comments to make the assessment CEQA-compliant, and used the applicant's analysis to author the Biological Resources section of the EIR.

CORPORATE RESUME
Hannah Carney, MAGD
Hannah Carney, MAGD, has more than 10 years of professional experience in providing environmental, sustainability, and compliance soluƟons services. She specializes in the agricultural and natural resources industry with extensive knowledge in arboriculture, urban forestry, and educaƟon and curriculum development. In addiƟon, Ms. Carney is well versed in biological technical reports and CEQA and NEPA documentaƟon, including the preparaƟon of EIRs and IS/MNDs.

She also conducts research, literature reviews, field monitoring, biological surveys, and arborist evaluaƟons. Ms. Carney has experience managing and performing regulatory permiƫng pursuant to the jurisdicƟon of the CDFW, the RWQCB, the USACE, and other local and regional agencies and organizaƟons. Ms. Carney is also knowledgeable in project management tasks and client coordinaƟon.

Related Experience and Client Summary
 Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA: FCS prepared the preparation of the Mitchell Townhomes Project EIR in the City of Walnut Creek, California. The proposed project would construct four hundred twenty-two 3-story multi-family dwelling units in townhome-style condominium configurations in approximately 82 building groups on a 22.2-acre site. The supporting technical studies include air quality, GHG emissions, and energy; biological resources, cultural and TCRs, noise, and transportation assessment. Ms. Carney <Responsibility Statement>.
 Martin Hills Ranch Residential Project EIR, Technical Studies, and Due Diligence Services, Town of Danville, CA: FCS is preparing an EIR and technical studies, and providing Due Diligence Services for the Martin Hills Ranch Residential Project. The project applicant, Bates Stringer—Martin Hills Ranch LLC, is proposing to construct 22 market rate, single family homes with five ADUs, internal roadways, and a driveway on the approximately 102-acre project site.

FCS prepared an Aquatic Resources Delineation Report; Biological Assessment for Endangered Species Act Section 7 Consultation and BRA; Biological Constraints Analysis; Breeding Season BUOW Survey Report; Phase I and Section 106 CRAs; and Noise Impact Analysis. The Draft EIR is currently out for public review, which will conclude in May, following which FCS will prepare a Final EIR and Response to Comments, as needed. Ms. Carney <Responsibility Statement>.  Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA:

FCS is preparing an EIR for a proposed 33-lot single-family residential subdivision on a 128.5-acre property, including dedication of open space and construction of a Staging Area for the East Bay Regional Park District. Ms. Carney assisted in the desktop literature review and writing the project EIR.
 Fresno SEDA Specific Plan Project Program EIR and Recirculated Program EIR, City of Fresno, CA: FCS prepared the Program EIR, subsequent Recirculated Program EIR, and technical studies for the Fresno SEDA Specific Plan Project for the City of Fresno, California. The proposed project is a Specific Plan for SEDA that would provide increased density, accelerate housing production throughout the Plan Area, and offer flexibility in meeting the evolving needs of households Arboricultural Peer
Review Specialist

EDUCATION
Master of Agricultural
Education, California
Polytechnic State
University, San Luis
Obispo, CA, 2019
Single Subject Credential
Program, Agriculture
Education, California
Polytechnic State
University, San Luis
Obispo, CA, 2019
Bachelor of Science, Dairy
Science, Animal
Husbandry and Education
Concentration, Minor in
Agricultural Education,
California Polytechnic
State University, San Luis
Obispo, CA, 2018

CERTIFICATION
International Society of
Arboriculture Certified
Arborist, Credential ID
WE-15232A, 2024–2027

PROFESSIONAL

AFFILIATIONS
Member, North Coast
Agriculture Partners,
2019–present
Member, California
Agricultural Teachers’
Association, 2018–present

Hannah Carney, MAGD

ARBORICULTURAL PEER REVIEW SPECIALIST

CORPORATE RESUME
 in the region through a multi-modal transportation network and diverse housing types and affordability levels. The proposed project would link major transit lines, mixed-use centers, diverse residential districts, employment districts, open space, agriculture, and green infrastructure. It could accommodate 45,000 homes and 37,000 jobs within the 9,000-acre planning area by the year 2050.  FSRE Industrial Project EIR, Technical Studies, and Peer Review of Technical Studies, Contra Costa County, CA: FCS is preparing an EIR and supporting technical studies, as well as peer reviewing applicant-provided technical studies, for a 255,000 square feet logistics warehouse building on an undeveloped 15.5-acre site.

Ms. Carney conducted the biological field work, supporting documentation, and Biological Resources section in the project EIR.
 CarMax Auto Superstore Project EIR and Technical Studies, City of Pleasant Hill, CA: FCS prepared an EIR for the proposed demolition of the unoccupied former Kmart building and active McDonald’s Drive-thru and construction of a 42,916-square-foot CarMax Auto Superstore on the 9.95-acre site, in two phases. Ms.

Carney conducted field work and assisted writing the project EIR.  Sherburne Hills Residential Project EIR, Town of Danville, CA: FCS is preparing an EIR and technical studies for the Sherburne Hills Residential Project in the Town of Danville, California. The proposed Master Development Plan would divide the 20.03-acre project site’s two existing parcels into three development areas. The development areas would contain a total of 18 single-family lots and 18 ADUs.  City of Pleasanton 2023–2031 (6th Cycle) Housing Element Update Program EIR, City of Pleasanton, CA:

FCS prepared a Program EIR for the City of Pleasanton’s 2023–2031 (6th Cycle) Housing Element Update. The City of Pleasanton identified a total of 25 sites for potential rezoning to fulfill their housing shortfall between their RHNA and the existing housing capacity of 3,173 units.  Solano Ranch Project EIR and Technical Studies, City of Vallejo, CA: FCS is preparing an EIR and associated technical studies for a mixed-use project with 264 units of multi-family housing; a 4-story, 102-room hotel; and 32,725 square feet of retail commercial spaces, including a gasoline service station, on 21.1 acres of the project site. An additional 4.72 acres of wetlands and 5.8 acres of open space will be maintained.  Oak Hill Apartments Project EIR, Marin County, CA: FCS prepared an EIR and supporting technical studies for the development of approximately 6.7 acres of the 8.3-acre project site with a 100-percent affordable housing project.

CORPORATE RESUME
Dana DePietro, PhD, RPA
Dana DePietro, PhD, RPA, is a Registered Professional Archaeologist (License No. 13517) who meets the Secretary of the Interior’s Standards for Archaeology and History with dedicated coursework and experience in the field of Historic PreservaƟon. Dr. DePietro has more than 23 years of experience in all aspects of cultural resources management, including pre-contact and historic archaeology, paleontology, materials conservaƟon, history of art and architecture, and community engagement. He has experience in compliance with NEPA, CEQA, the NHPA, and the Archaeological Resources ProtecƟon Act. Dr. DePietro has completed cultural resource projects that have involved agency, client, NaƟve American, and subcontractor coordinaƟon; treatment plans and research design development; archival research; field reconnaissance; site tesƟng; data recovery excavaƟon; construcƟon monitoring; site recordaƟon; site protecƟon/preservaƟon; mapping/cartography; spaƟal analysis/GIS; laboratory analysis; materials conservaƟon; arƟfact curaƟon and exhibiƟon; and report producƟon. He has completed projects in California within the jurisdicƟon of the Bureau of Land Management (BLM) and other federal agencies requiring compliance with SecƟon 106 of the NHPA. He has also completed projects throughout California under CEQA for State and local governments and municipaliƟes, including the Caltrans, and has worked with clients to ensure deliverables meet and exceed the standards set by the California OHP .

Related Experience and Client Summary
 Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA: FCS prepared the preparation of the Mitchell Townhomes Project EIR in the City of Walnut Creek, California. The proposed project would construct four hundred twenty-two 3-story multi-family dwelling units in townhome-style condominium configurations in approximately 82 building groups on a 22.2-acre site. The supporting technical studies include air quality, GHG emissions, and energy; biological resources, cultural and TCRs, noise, and transportation assessment. As Principal Investigator, Dr. DePietro oversaw all records searches, research, and performed the field survey for historic and pre-contact cultural resources. He coordinated consultation with Native American representatives, and prepared the CRA that served as the foundation for the project’s resulting CEQA documentation and findings.
 Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA: FCS is preparing an EIR for a proposed 33-lot single-family residential subdivision on a 128.5-acre property, including dedication of open space and construction of a Staging Area for the East Bay Regional Park District. As Principal Investigator, Dr.

DePietro oversaw all records searches, research, and performed the field survey for historic and pre-contact cultural resources. He coordinated consultation with Native American representatives, and prepared the CRA that served as the foundation for the project’s resulting CEQA documentation and findings.  Barber Yard Specific Plan Project EIR, City of Chico, CA: FCS is preparing an EIR and supporting technical analyses for the potential environmental effects of a Cultural Resources
Specialist

OVERVIEW
More than 23 years of
experience

EDUCATION
Doctor of Philosophy,
Concentration
Archaeology, University of
California, Berkeley, CA,
2012
Master of Arts,
Concentration
Archaeology, University of
California, Berkeley, CA,
2005
Bachelor of Arts,
Archaeology and History
(double major), University
of California, San Diego,
CA, 2002

LICENSE
Registered Professional
Archaeologist, License No.
13517, 2016—2026

FELLOWSHIPS

AND AWARDS
Albright Institute
Educational and Cultural
Affairs Fellowship, 2015
The George Franklin Dales
Foundation Fellowship for
Archaeological Research,
2011
University of California,
Berkeley Department of
Near Eastern Studies
Block Grant Award, 2006–
2011

Dana DePietro, PhD, RPA

CULTURAL RESOURCES SPECIALIST

CORPORATE RESUME
proposed comprehensive planning document that would establish specific guiding principles and strategy for development of a 133-acre area, as well as off-site improvements, including a stormwater detention pond and storm drain alignments and outfall. As Principal Investigator for Cultural Resources, Dr. DePietro conducted all records searches and research and performed the field survey for historic and pre-contact cultural resources. He coordinated consultation with Native American representatives and prepared the CRA.  Baldwin Master Plan/Zacharias Master Plan EIR and Technical Studies, City of Patterson, CA: FCS is preparing an EIR and related technical studies for the proposed project, which consists of two geographical areas: the Northwest Patterson Master Plan area and the South area. Both areas are located in unincorporated Stanislaus County. As Principal Investigator for Cultural Resources, Dr. DePietro conducted all records searches and research, and performed the field survey for historic and pre-contact cultural resources. He coordinated consultation with Native American representatives and prepared the CRA that served as the foundation for the project’s resulting CEQA documentation and findings.  CityWalk Master Plan EIR, City of San Ramon, CA: FCS prepared an EIR and a fiscal impact analysis and provided planning services for the mixed-use development of residential and commercial uses within the 134.98-acre planning area in the Bishop Ranch Business Park. As Principal Investigator, Dr. DePietro oversaw all records searches, research, and performed the field survey for historic and pre-contact cultural resources.

He coordinated consultation with Native American representatives, and prepared the CRA that served as the foundation for the project’s resulting CEQA documentation and findings.  Del Hombre Apartments Project EIR, Contra Costa County, CA: FCS prepared a project-level EIR with technical studies for the construction of a 284-unit apartment building on a 2.40-acre site located in the unincorporated area of Walnut Creek, next to the Pleasant Hill BART/Contra Costa Center Bart Transit Village. Dr. DePietro conducted all records searches and research, and performed the field survey for historic and pre-contact cultural resources. He coordinated consultation with Native American representatives and prepared the CRA that served as the foundation for the project’s resulting CEQA documentation and findings.  Oak Park Properties Specific Plan EIR, City of Pleasant Hill, CA: FCS prepared an EIR for a 15-acre plan area, which includes a new public library, housing, and athletic fields. The project would also include necessary infrastructure improvements, such as roadway widening, lane configuration improvements, and signal upgrades; new curb and gutter, sidewalks, and ADA facilities; and drainage, utilities (including a possible sewer line removal), lighting, and landscape improvements throughout the Program Area. Dr. DePietro conducted all records searches and research, performed the field survey for historic and pre-contact cultural resources, and prepared the CRA.
 Fresno SEDA Specific Plan Program EIR and Recirculated Program EIR, City of Fresno, CA: Dr. DePietro directed the preparation of the CRA for the Program EIR and subsequent Recirculated Program EIR for the Fresno SEDA Specific Plan Project. The proposed project would offer flexibility in meeting the evolving needs of households in the region through a multi-modal transportation network and diverse housing types and affordability levels. It has the potential to accommodate approximately 45,000 homes and 37,000 jobs within the nearly 9,000-acre planning area by the year 2050. As Principal Investigator for Cultural Resources, Dr.

DePietro conducted all records searches and research and performed the field survey for historic and pre- contact cultural resources. He also coordinated consultation with Native American representatives and prepared the CRA.
 Tassajara Parks Project EIR, Contra Costa County, CA: FCS prepared an EIR for this landmark project located outside the boundary of the existing ULL in Contra Costa County. The project site consists of two separate parcels: (1) a 155-acre northern site to be developed with 125 single-family residences, a walking trail, and trail staging area, and (2) a 616-acre southern site, the majority of which would be dedicated to the East Bay Regional Park District for permanent open space uses with two 5-acre parcels dedicated to the San Ramon Valley Unified School District and San Ramon Valley Fire Protection District. As Principal Investigator, Dr.

DePietro is currently conducting and coordinating the records searches, literature review, and pedestrian survey for cultural resources at the project site; the results of which will be compiled into a Phase I CRA.

CORPORATE RESUME
Philip Ault, MS, LEED AP
Philip Ault, MS, LEED AP, has more than 20 years of experience in noise and air quality environmental impact analysis and is an expert in conducƟng noise evaluaƟons and impact assessments, applying modeling and measurement techniques to complex land use and infrastructure projects. His experience includes preparing detailed noise studies, quanƟfying operaƟonal impacts, and developing objecƟve miƟgaƟon strategies for regulatory compliance. As the Director of Noise and Air Quality Services, Mr. Ault is responsible for overseeing climate-sustainability strategy, noise and air quality studies, and environmental management systems and regulatory compliance with CEQA and NEPA requirements. He has prepared project- level technical noise analyses and programmaƟc noise and vibraƟon impact analyses for programmaƟc-level CEQA analyses, including general plans, general plan updates, and specific plans. Mr. Ault has managed more than 900 projects that included the coordinaƟon of technical teams across mulƟple disciplines, firms, and municipal staff. Mr. Ault has also managed mulƟple CEQA and NEPA projects that involved the preparaƟon of Addenda, ExempƟons, IniƟal Studies, EIRs, and EAs. In his role as Director of the Noise Team, he trains staff on conducƟng field noise measurements in compliance with FHWA, Caltrans, Federal Transit AdministraƟon, and Housing and Urban Development standards, as well as providing director-level review of all noise analyses. Mr. Ault also provides senior oversight, peer review, and expert tesƟmony for FCS’s noise services. In his role as Director of the Air Quality Team, he guides and trains the air quality team on preparing legally defensible air quality technical analyses. He oversees and manages and provides director level review of all air quality and GHG emissions analyses, HRAs, and energy impact analyses.

Related Experience and Client Summary
 Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA: FCS prepared an EIR and associated technical studies for the Mitchell Townhomes Project EIR in the City of Walnut Creek, California. The proposed project would construct four hundred twenty-two 3-story multi-family dwelling units in townhome-style condominium configurations in approximately 82 building groups on a 22.2-acre site. As the Senior Noise Scientist, Mr. Ault oversaw the noise monitoring effort and performed the construction and operational noise impact modeling and analysis. Mr. Ault also oversaw the preparation of and provided director-level review of the air quality and GHG emissions analyses associated with construction and future development buildout and operation of the proposed project.
 Martin Hills Ranch Residential Project EIR, Technical Studies, and Due Diligence Services, Town of Danville, CA: FCS is preparing an EIR and technical studies, and providing Due Diligence Services for the Martin Hills Ranch Residential Project. The project applicant, Bates Stringer—Martin Hills Ranch LLC, is proposing to construct 22 market rate, single family homes with five ADUs, internal roadways, and a driveway on the approximately 102-acre project site.

FCS prepared an Aquatic Resources Delineation Report; Biological Assessment Noise Specialist

EDUCATION
Master of Science,
Advanced Environmental
and Energy Studies for
Architecture, University of
East London at Center for
Alternative Technology,
Wales, UK, 2007
Bachelor of Science,
Mathematics, Bob Jones
University, Greenville, SC,
1991

PROFESSIONAL

AFFILIATIONS
Associate Member,
Institute of Noise Control
Engineering
AEP

TRAINING AND

CERTIFICATIONS
US Green Building
Council, Leadership in
Energy and Environmental
Design (LEED) Accredited
Professional (AP), without
specialty
TRAFFIX Training, Dowling
Associates, Inc.

FHWA Traffic Noise Model
(TNM) 2.5 and Traffic
Noise Fundamentals
Training Course, Bowlby &
Associates, Inc.

Principles of Ecological
Design, Case Studies in
Ecological Design, San
Francisco Institute of
Architecture

CORPORATE RESUME
Philip Ault, MS, LEED AP

NOISE SPECIALIST
for Endangered Species Act Section 7 Consultation and BRA; Biological Constraints Analysis; Breeding Season BUOW Survey Report; Phase I and Section 106 CRAs; and Noise Impact Analysis. The Draft EIR is currently out for public review, which will conclude in May, following which FCS will prepare a Final EIR and Response to Comments, as needed. As the Senior Noise Scientist, Mr. Ault oversaw the noise monitoring effort and performed the construction and operational noise impact modeling and analysis. Mr. Ault also oversaw the preparation of and provided director-level review of the air quality and GHG emissions analyses associated with construction and future development buildout and operation of the proposed project.  Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA: FCS prepared an EIR for a proposed 28-lot single-family residential subdivision on a 128.5-acre property, including dedication of open space and construction of a Staging Area for the East Bay Regional Park District. As the Senior Noise Scientist, Mr. Ault oversaw the noise monitoring effort and performed the construction and operational noise impact modeling and analysis. Mr. Ault also oversaw the preparation of and provided director-level review of the air quality and GHG emissions analyses associated with construction and future development buildout and operation of the project.
 Barber Yard Specific Plan Project EIR, City of Chico, CA: FCS is preparing an EIR and supporting technical analyses for the potential environmental effects of a proposed comprehensive planning document that would establish specific guiding principles and strategy for development of a 133-acre area, as well as off-site improvements, including a stormwater detention pond and storm drain alignments and outfall. As the Senior Noise Scientist, Mr. Ault oversaw the noise monitoring effort and performed the construction and operational noise impact modeling and analysis.
 CityWalk Master Plan EIR, City of San Ramon, CA: FCS prepared an EIR and a fiscal impact analysis and provided planning services for the CityWalk Master Plan. The 134.98-acre planning area is located in the Bishop Ranch Business Park and encompasses the Bishop Ranch 1A, Bishop Ranch 3A, and Bishop Ranch 2600 complexes. The 2007 City Center Subsequent EIR encompassed the Bishop Ranch 1A and Bishop Ranch 3A sites. The applicant (Sunset Development) proposed a Master Plan to guide the mixed-use development of residential and commercial uses within the planning area. The CityWalk Master Plan Final EIR was certified by the Planning Commission on August 4, 2020. On August 14, 2020, an appeal was filed based on concerns about CEQA compliance, public participation, COVID-19 considerations, traffic, affordable housing, future drought, schools, and other quality of life issues. On September 8, 2020, the City Council denied the appeal, upheld the Planning Commission’s decision, and recertified the Final EIR. As the Senior Noise Scientist, Mr.

Ault oversaw the noise monitoring effort and performed the construction and operational noise impact modeling and analysis. Mr. Ault also oversaw the preparation of and provided director-level review of the air quality and GHG emissions analyses associated with construction and future development buildout and operation.
 East Pleasanton Specific Plan EIR, City of Pleasanton, CA: Mr. Ault prepared a Noise Impact Analysis to support the preparation of a Draft EIR for the East Pleasanton Specific Plan in the City of Pleasanton. The Specific Plan encompassed approximately 1,100 acres located east of Valley Avenue and Busch Road, and north of Stanley Boulevard; and included quarry lakes, public facilities, and undeveloped land. The Specific Plan would guide the development of residential (1,300 dwelling units), commercial, industrial, office, and parks/recreation uses within this area, as well as an extension of El Charro Road to the south, to connect with Stanley Boulevard. The project is no longer moving forward; the Draft EIR was released in April 2015, and the City elected not to complete the Final EIR.

Michael Stephenson, MBA, ERM, has more than 31 years of project management, site assessment, and remediation experience gained from working on various projects, including large and complex industrial developments, for both private and municipal clients. Mr. Stephenson’s expertise includes property due diligence, risk management, environmental liability estimation, database management, and statistical data analysis. He has conducted human health and ecological risk assessments, Remedial Investigations/Feasibility Studies, and soil and groundwater characterizations; provided technical support for site closures; and managed several soil and groundwater remediation, monitoring, and investigation for projects involving human health and ecologically based risk analyses.

RELATED EXPERIENCE AND CLIENT SUMMARY
Barber Yard Specific Plan Project EIR and Phase I and Phase II Assessments, City of Chico, CA
As a subconsultant, Cameron-Cole prepared the Phase I and Phase II ESAs in support of environmental documentation for the Barber Yard Specific Plan, a comprehensive planning document that would establish specific guiding principles and strategy for development of a 133-acre area within the City of Chico, as well as off-site improvements, including a stormwater detention pond and associated storm drain alignments and outfall, which are located within unincorporated Butte County. Formerly occupied by the Diamond Match Factory (1906 to 1975) and Louisiana-Pacific Corporation (1984 to 1989), the site is bound by existing residential neighborhoods, the Union Pacific Railroad, and rural residential and agricultural uses. As the Project Director, Mr. Stephenson oversaw the completion of the Phase I ESA, designed the Phase II sampling program, and advised the City of Chico on potential mitigation measures.

Former US Army Reserve Center Closure Project, Rio Vista, CA As the Senior Risk Assessor for the closure project under the Clean Base Program, Mr. Stephenson performed human health and ecological risk assessments for the former US Army Reserve facility near Rio Vista, California. The project included estimation of risks under current conditions and also for the property’s planned future use as a waterfront park. Mr. Stephenson performed extensive public outreach with members of the local community explaining the base closure and realignment process. He managed the project’s GIS. The project was completed successfully with transfer of the property to the City.

EKN Hotel + Downtown Housing and Economic Overlay Project Focused EIR, Petaluma, CA
As a subconsultant, Cameron-Cole prepared the Phase I ESA in support of EIR for the EKN Hotel and Downtown Housing and Economic Opportunity Overlay Project in Petaluma, California. The project involved amending the General Plan and Zoning regulations to increase the maximum floor area ratio (FAR) for the Mixed-use designation. The Overlay was projected to accommodate up to 1,549,776 additional square feet of nonresidential development, with the Draft EIR focusing on a 20-year development horizon. The project also proposed constructing a 93-room, six-story hotel with a below-grade, 58-space parking

MICHAEL

STEPHENSON,

MBA, ERM

HAZARDS/HAZARDOUS

MATERIALS SPECIALIST

EDUCATION
Master of Business
Administration, Saint Mary’s
College of California, Moraga,
CA, 2002
Bachelor of Arts, Environmental
Studies, University of California,
Santa Barbara, CA, 1994

CERTIFICATION
Environmental Risk Manager,
Environmental Risk Strategies
Institute, 2007

PROFESSIONAL DEVELOPMENT
40-hour and 8-hour 29 CFR
1910.120 Training, Department
of Labor
8-hour 29 CFR 1910.120
Supervisor Training, Department
of Labor

MICHAEL STEPHENSON, MBA, ERM

HAZARDS/HAZARDOUS MATERIALS SPECIALIST
garage. As the Hazards/Hazardous Materials Project Director, Mr. Stephenson evaluated proposed mitigation measures and responded to public comments on the proposed development.

Corporation Yard Affordable Workforce Housing Development Management, NEPA, and CEQA Services, City of Dixon, Solano County, CA
As a subconsultant, Cameron-Cole prepared a Phase I and a Phase II ESA in support of NEPA and CEQA services for a 1.5-acre property in the City of Dixon, California, which was previously used as a county corporate yard/service station. As the Project Director, Mr. Stephenson provided project oversight and approval for all work performed.

Fire Station 1 Development Project Phase I ESA, Menlo Park, CA Cameron-Cole, as a subconsultant to FCS, was retained by the Menlo Park Fire Protection District to conduct a Phase I ESA of the Fire Station No. 1 property. The assessment was conducted in accordance with the ASTM International Standard Practice for Conducting ESAs: Phase I ESA Process (ASTM 1527-21). The Menlo Park Fire Protection District proposed demolishing the existing firehouse and replacing it with a new firehouse on the same parcel. The Phase I assessment identified a recognized environmental condition for the property associated with a previously closed underground storage tank on the property. As the supervising environmental professional, Mr.

Stephenson developed the professional opinion under the ASTM 1527-21 Phase I Standard.

Unincorporated Marin Residential Project Phase I ESA, Phase II ESAs, and Supplemental Site Investigations, Marin County, CA
Cameron-Cole has completed Phase I and Phase II ESAs and Supplemental Site Investigations at a former shooting range owned by San Quentin State Penitentiary in unincorporated Marin County, California. Site investigations to date have identified lead-impacted soils throughout the site with more minor areas impacted by polycyclic aromatic hydrocarbons and other metals. Cameron-Cole has also assisted the client with entering into a voluntary cleanup agreement with the DTSC and prepared a site management plan for the handling of impacted material.

Cameron-Cole is currently preparing a Removal Action Workplan for submittal to the DTSC to guide the removal of impacted material in support of future development. As the Project Director, Mr. Stephenson led regulatory negotiations, designed the sampling and analysis approach for the site, and provided oversight for the project.

Historic Lester Cottle Ranch Property Phase I/II ESAs and Site Management Plan, Santa Clara County, CA Under oversight from the Santa Clara County Department of Environmental Health, Cameron-Cole performed Phase I and Phase II ESAs of the life estate parcel of the Lester Cottle Historic Ranch. This project included performing a sitewide utility clearance and geophysical survey to identify subsurface obstructions and utilities, preparing a Site Investigation Work Plan, and collecting soil, soil gas, and groundwater samples to complete a conceptual site model that addressed potential risks to users of the site during and following redevelopment.

Following completion of the Phase II investigation, Cameron-Cole assisted the Santa Clara County Parks Department with establishing a regulatory oversight agreement with the DEH and defining the objectives for future site characterization and remediation work. The Phase II ESA identified discrete soil impacts to portions of the site historically used for cattle spraying. Remediation of this portion of the site through soil excavation and off-site disposal has been completed and an excavation completion report is being prepared for submittal to the DEH. As the Project Director, Mr. Stephenson established the oversight agreement with the Santa Clara County DEH, developed the sampling plan, and oversaw the implementation of the site investigation and mitigation efforts.

Brownfield Community-wide Assessment Grant Environmental Services, City of Barstow, CA Mr. Stephenson directed the Brownfield Community-wide Assessment Grant Environmental Services in which Cameron-Cole provided Phase I and Phase II ESAs for a number of properties in Barstow, California, under an Equitable Community Revitalization Grant in 2024. To date, Cameron-Cole has completed three Phase I ESAs for several sites, including a former golf course, a former hospital, and the site of a future business park. Cameron-Cole has been awarded funding to assess 18 additional sites under this grant. Cameron-Cole has extensive brownfields experience and has proposed to assist the City by providing Phase I ESAs, investigation work plans and fieldwork, and investigation reports.

Elizabeth Drayer, PE

1 Elizabeth’s experƟse is in water resources engineering and mulƟ- disciplinary project teams. She has experience leading water resources planning studies and design projects and specializes in water supply and infrastructure master planning. She has prepared more than 24 water and uƟlity master plans, more than 20 water supply assessments, and more than 30 urban water management plans. She has also prepared many other studies and plans for clients including groundwater studies, drought response and water shortage conƟngency plans, facility operaƟons plans, and emergency operaƟons plans involving the evaluaƟon of exisƟng faciliƟes, evaluaƟon of exisƟng and future water demands, idenƟficaƟon of system deficiencies and needs, evaluaƟon of water supply alternaƟves, and development of recommendaƟons for capital improvements.

Elizabeth is a West Yost Vice President and serves as West Yost’s Chief Engineer..

EXPERIENCE
Water Supply Assessment for Cannery Park Project, City of Stockton, CA:

Project Manager for the preparaƟon of a Water Supply Assessment for the City of Stockton’s proposed Cannery Park Project in accordance with the requirements of California Senate Bill 610, and VerificaƟon of Sufficient Water Supply in accordance with the requirements of California Senate Bill SB 221. The Project includes 617 total residenƟal units and approximately 19.8 acres of commercial development in northeast Stockton and, if approved, will be served from the City’s North Stockton water system.

Water Supply Assessment for the Tracy Westside Specific Plan, Tracy, CA:

QA/QC Reviewer for the preparaƟon of an SB 610 Water Supply EvaluaƟon for the Westside Specific Plan in the City of Tracy. Work included development of water demand projecƟons for the project and an evaluaƟon of the availability and reliability of the City’s water supplies to meet the projected demands for the project.

Staff Title: Vice President
Office LocaƟon: Pleasanton, CA
Years of Experience: 38
Years with West Yost: 26
Professional RegistraƟons
 Professional Civil Engineer, California
No. 46872
EducaƟon
 MS, Structural Engineering, University of
California, Berkeley
 BS, Civil Engineering, University of
California, Berkeley
Professional AffiliaƟons
 American Society of Civil Engineers
 American Water Works AssociaƟon
 AssociaƟon of California Water Agencies
 WateReuse AssociaƟon

Elizabeth Drayer, PE

2 Milpitas Metro Plan Specific Plan Water Supply Assessment, City of Milpitas, CA: Project Manager for the preparaƟon of an SB610 Water Supply Assessment for the City of Milpitas Metro Plan Specific Plan. The Proposed Project, to be developed over the next 20 years, includes 7,000 units of new, mulƟ-family residenƟal development (approximately 14,000 new residents), and new non-residenƟal development including office, retail, research and development, light manufacturing, and hotel uses. Tasks included development of water demand projecƟons, evaluaƟon of available water supplies from the City’s SFPUC and Valley Water water supplies and preparaƟon of the Water Supply Assessment in accordance with the requirements of SB 610.

Water Supply Assessment for Pleasanton Downtown Specific Plan, Pleasanton, CA: Project Manager for the preparaƟon of a Water Supply Assessment for the City of Pleasanton Downtown Specific Plan Update. Tasks included projecƟon of water demands for the project, evaluaƟon of water supply availability and reliability, and preparaƟon of a Water Supply Assessment report in compliance with the requirements of SB 610.

Water Supply Assessment for AT Dublin Development Project, Dublin San Ramon Services District, Dublin, CA: Project Manager for the preparaƟon of a Water Supply Assessment (WSA) for the proposed AT Dublin Development conforming to the requirements of SB 610. The WSA evaluated the projected water demands for the AT Dublin development and assessed whether adequate water supplies were available from DSRSD to serve the project under normal, single dry and mulƟple dry year condiƟons. The WSA was adopted by the DSRSD Board of Directors and will be included in the DraŌ EIR for the AT Dublin Project.

Water Supply Assessment for Isabel Neighborhood Plan, City of Livermore, CA: Project Manager for the preparaƟon of a Water Supply Assessment (WSA) for the proposal Isabel Neighborhood Plan located in Livermore. The project, if developed, would be served parƟally by the City of Livermore and parƟally by the California Water Service Company (Cal Water) Livermore District. The project involved coordinaƟon with the City of Livermore, Cal Water, and the Zone 7 Water Agency, the area’s water wholesaler. The WSA evaluated the projected water demands for the Isabel Neighborhood Plan in the City and Cal Water service areas and assessed whether adequate water supplies were available to serve the project under normal, single dry and mulƟple dry year condiƟons.

Dublin Crossing Infrastructure Analysis and Water Supply Assessment, Dublin San Ramon Services District, Dublin, CA: Project Manager for the evaluaƟon of required potable water, recycled water and wastewater infrastructure to serve the proposed Dublin Crossing Project in Dublin, California. The Dublin Crossing Project is an approximately 190-acre residenƟal mixed use project with up to 1,996 single-family and mulƟ-family residenƟal units, retail, commercial and office uses, neighborhood parks and an elementary school. Tasks included evaluaƟon of potable water and recycled water demands and wastewater flows, proposed connecƟon points to DSRSD’s exisƟng infrastructure and idenƟficaƟon of on-site infrastructure to serve the proposed development. Also prepared a Water Supply Assessment for the proposed project in compliance with SB610 and a VerificaƟon of Sufficient Water Supply in compliance with SB 221.

From: Ezell, Justin <[email protected]>
Sent: Monday, July 27, 2026 9:00 AM
To: McAuley, Wendy <[email protected]>; Fockler, Joelle <[email protected]>
Cc: Robinson, Monique <[email protected]> Subject: RE: Question about Item 3a

This email is being shared with all Councilmembers.

Councilmember Obringer,
Task 10 of the EIR scope involves creating a Mitigation Monitoring and Reporting Program (MMRP) to reduce all potentially significant environmental impacts identified in the EIR, including impacts related to hazardous materials such as asbestos found in soil and building materials. Additionally, the City has a standard condition of approval requiring a dust control plan for all construction projects.

Please let me know if you have additional questions.

Regards,

-Justin

Justin Ezell
Assistant City Manager
City of Concord
(925) 671-3155
[email protected]

Sign up for our e-newsletter here.

Agenda Item No. 3.a
Benched Correspondence
July 28, 2026

From: Obringer, Carlyn <[email protected]> Sent: Saturday, July 25, 2026 9:59 AM
To: Ezell, Justin <[email protected]>
Subject: Question about Item 3a

Hi Justin,
Does the scope of work include a mitigation plan for when the soil is disturbed? The neighbors have repeatedly expressed concerns about dust with asbestos blowing into Holbrook and East Sun Terrace, and the impact of all of the wildlife that will be heading into their yards as well.

Best Regards,
Carlyn

Carlyn Obringer
Councilmember, District 2
City of Concord
925-324-9595

Staff Report
Date: July 28, 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 grant funding to Fund 402 from the California Highway Patrol (CHP) in the amount of $296,197 for the
Cannabis Tax Fund Grant Program (CTFGP) to assist with
reducing and mitigating the impacts of impaired driving in the City of Concord.

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

Report in Brief
On June 30, 2026, the California Highway Patrol (CHP) awarded $296,197 to the City of Concord Police Department through the Cannabis Tax Fund Grant Program (CTFGP) for DUI enforcement and prevention efforts for the term of July 1, 2026, through June 30, 2027. The grant will fund overtime staffing for targeted DUI saturation patrols, DUI checkpoint operations, public education initiatives, equipment purchases including two DUI enforcement patrol vehicles, an Innocorp Fatal Vision Roadster 2-Seater Pedal Kart for educational outreach, and on-site training.

Recommended Action
Adopt a Resolution accepting and appropriating grant funding to Fund 402 from the California Highway Patrol (CHP) in the amount of $296,197 for the Concord Police Department's participation in the Cannabis Tax Fund Grant Program (CTFGP) to assist with reducing and mitigating the impacts of impaired driving in the City of Concord and authorizing the City Manager and Chief of Police to take such actions and execute any

3.b3.b3.b3.b

City Council Agenda Report
Agenda Item 3.b
July 28, 2026
______________________________________________________________________ agreements and/or other materials as necessary or desirable to meet the program goals and expend such funds, subject to City Attorney approval.

Background
The Police Department continues to respond to a significant number of incidents involving impaired driving on Concord’s roadway network. Major corridors including Ygnacio Valley Road, Clayton Road, Willow Pass Road, Treat Boulevard, Monument Boulevard, and Concord Boulevard each carry more than 50,000 vehicles per day.

Traffic is further concentrated in the downtown area and around multiple large retail shopping centers. Concord is also home to the Toyota Pavilion, a major outdoor music venue that hosts more than twenty summer events and draws crowds of over 12,000 attendees per event. These factors contribute to elevated traffic volumes and increased exposure to impaired driving, particularly during evenings, weekends, and event periods.

In 2025, the Concord Police Department recorded 302 DUI arrests. Of those arrests, 96 were associated with DUI-related collisions, including two fatal collisions. These figures demonstrate an ongoing impaired-driving problem that poses a direct threat to public safety.

To expand its DUI enforcement and prevention capacity, the Police Department applied to the California Highway Patrol's Cannabis Tax Fund Grant Program (CTFGP). The CTFGP provides financial assistance to allied agencies for the education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products. On June 30, 2026, the CHP conditionally approved the City of Concord Police Department for CTFGP funding in the amount of $296,197.

Analysis
The CTFGP grant is designed to enhance the Police Department's DUI enforcement through dedicated operations that increase deterrence, reduce impaired driving, and decrease DUI-related collisions and fatalities within the City of Concord. The project includes the following components:
• DUI Saturation Patrols (12 operations per fiscal year) • Three operations per quarter aimed at reducing DUI-related collisions and removing impaired drivers from the road. Each operation will consist of one supervisor and four officers working four hours at overtime rates. • DUI Checkpoint Operations (two operations per fiscal year) • One operation in Q2 and one in Q4 to increase public awareness of impaired driving enforcement. Each operation will consist of one supervisor and 12 officers working seven hours at overtime rates. Checkpoints will be scheduled during evening hours at locations selected based on high traffic volume.

City Council Agenda Report
Agenda Item 3.b
July 28, 2026
______________________________________________________________________ • Public Education Operations (four operations per fiscal year) • One operation per quarter at large community events where alcohol and cannabis use are commonly present, and at local high schools. Each operation will consist of four officers working five hours at overtime rates.

There are nine high schools within city limits.
• Equipment Purchases
• One Ford F-350 DUI enforcement vehicle (including outfitting and decals) - $74,817: A heavy-duty truck that will be fully marked and equipped with lights and sirens for use towing the DUI checkpoint trailer. This vehicle will replace a current Traffic truck that has reached its service life and is due for replacement.
• One Ford F-150 DUI enforcement vehicle (including outfitting and decals) - $115,000: A fully marked enforcement vehicle with subdued markings for increased enforcement effectiveness. This vehicle will also replace a current Police Department pickup truck that has reached its service life and is due for replacement.
• One Innocorp Fatal Vision Roadster 2-Seater Pedal Kart Package - $7,500:

An educational tool to simulate impaired driving at public outreach events. • Consultants/Contracts
• Innocorp Fatal Vision Training - $3,500: A one-day on-site training for one sergeant and six officers on the proper use and deployment of the Pedal Kart equipment for educational projects.

Primary goals of the program include:

Reducing impaired driving on Concord's roadways;

1. Increasing enforcement presence and deterrence;

2. Enhancing community awareness of the dangers of impaired driving;

3. Educating the public on the consequences of driving under the influence; and

4. Reducing DUI-related collisions and fatalities within the City of Concord.

The grant represents the Concord Police Department's first year participating in the Cannabis Tax Fund Grant Program. A significant portion of the funding is dedicated to one-time equipment purchases with an expected service life of more than eight years, allowing CPD to sustain program operations beyond the initial grant period.

Financial Impact
The California Highway Patrol will provide funding in an amount not to exceed $296,197 for the Concord Police Department's DUI enforcement and prevention project during the

City Council Agenda Report
Agenda Item 3.b
July 28, 2026
______________________________________________________________________ term of the Grant Agreement (July 1, 2026 - June 30, 2027). This funding will be appropriated into Fund 402 (Capital Projects- Reimbursement).

The Grant budget estimate as detailed in Attachment 2 is:

Acceptance of the grant funds will result in no additional impact to the City's General Fund. The grant is funded through the California Cannabis Tax Fund pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). Payments are issued on a reimbursement basis only.

Environmental Determination
This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsection (b)(4), and/or is statutorily exempt pursuant to CEQA Guidelines Section 15273 as the activities consist of creation of government funding/fiscal activities. Even if this item were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply.

Public Contact
The City Council Agenda was posted.

Cost Category Line Item Name Total Cost to Grant
DUI Saturation Patrol 45,600$
DUI Checkpoint 34,580$
Education/Outreach 15,200$
95,380$
Innocorp Fatal Vision Roadster
2 Seater Pedal Kart 7,500$
DUI Patrol Vehicle- Ford F-350
(includes outfitting & decals) 74,817$
DUI Patrol Vehicle- Ford F-150
(includes outfitting & decals) 115,000$
197,317$
Consultants/Contracts
Innocorp Fatal Vision Training 3,500$
3,500$
296,197$ Grant Total
Category Subtotal
Category Subtotal
Category Subtotal
Personnel
Equipment

City Council Agenda Report
Agenda Item 3.b
July 28, 2026
______________________________________________________________________ Attachments

1. Resolution

2. Grant Agreement with the California Highway Patrol (Award Number 30788)

3. CHP Intent to Award Letter dated June 30, 2026

Res No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting and Appropriating Grant
Funding to Fund 402 from the California Highway
Patrol (CHP) in the amount of $296,197 for the
Cannabis Tax Fund Grant Program (CTFGP) to
Assist with Reducing and Mitigating the Impacts of
Impaired Driving in the City of Concord
Resolution No. 26-XX
/
WHEREAS, on June 30, 2026, the California Highway Patrol awarded the Concord Police Department grant funding in the amount of $296,197 for the Police Department’s efforts in reducing and mitigating the impacts of impaired driving in the City of Concord as part of the Cannabis Tax Fund Grant Program (CTFGP); and
WHEREAS, the funds will be used for the Police Department’s efforts in reducing and mitigating the impacts of impaired driving in the City of Concord for the term of July 1, 2026 – June 30, 2027; and
WHEREAS, the Chief of Police has recommended acceptance of the funds for the Police Department’s participation in the Cannabis Tax Fund Grant Program (CTFGP).

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

Section 1. This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsection (b)(4), and/or is statutorily exempt pursuant to CEQA Guidelines Section 15273 as the activities consist of creation of government funding/fiscal activities. Even if this item were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply.

Section 2. Accepts these funds in the amount of $296,197.

Section 3. Authorizes the appropriation thereof to Fund 402 and use of these funds for Attachment 1

Res No. 26-XX 2
expenditure on the Police Department’s participation in the Cannabis Tax Fund Grant Program.

Section 4. Authorizes the City Manager and Chief of Police to take such actions and execute any agreements and or/other materials as necessary or desirable 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 August 11, 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 August 11, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

State of California-Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(
916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 30, 2026
File No.: 060.17344.19741
Katan Nanthasiri
City of Concord Police Department
1350 Galindo Street
Concord
, CA 94520
Dear
Mr. Nanthasiri:

On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the City of Concord Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $296,197.00. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.

All grant awards, including any adjustments to requested funding, were made by the Department based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations.

The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.

Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.

The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.

Sincerely,
For/
M. W. HEADRICK, Chief
Enforcement and Planning Division
Attachment 3

Staff Report
Date: July 28, 2026
To: City Council
From: Justin Ezell, Assistant City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering a recommendation from the Infrastructure & Franchise Committee to adopt a Resolution calling for and giving notice of a November 3, 2026, election on a proposed Business License Tax Simplification Ballot Measure; and establishing the policies and procedures for such an election and requesting that the County of Contra Costa conduct such an election. (General Fund)
CEQA: Exempt per Public Resources Code section 21065,
21080(b)(8), CEQA Guidelines Sections 15378(b)(4),
15061(b)(3), 15273, and/or 15060.

Report in Brief
In March 2025, the City Council directed staff to work with the Council Committee on Infrastructure & Franchise (Committee) to explore solutions for addressing the City's infrastructure funding shortfall and identified this effort as a Tier 1 priority. The City Council reaffirmed this priority in March 2026, underscoring the importance of developing a sustainable funding strategy to address the City's long-term infrastructure needs.

This report summarizes the work completed by the Committee in response to the City Council's direction to address the City's growing unfunded infrastructure needs.

Through extensive financial analysis, multi-phase public engagement, statistically valid voter research, and direct outreach to Concord's business community, the Committee evaluated potential funding strategies and recommends the City Council place a Business License Tax Simplification Measure on the November 2026 ballot.

4.a4.a4.a4.a4.a

City Council Agenda Report
Agenda Item No. 4.a
July 28, 2026
The current Business License Tax structure, established in 1978, is outdated, regressive, and difficult for businesses to navigate. For example, a business with $25,000 in annual gross receipts revenue pays an effective tax rate more than double that of a business with $15 million in gross receipts. A simplified, modernized system, including a uniform rate structure of $1.00 per $1,000 in gross receipts for gross receipts-based businesses, would create a more equitable and transparent framework while generating approximately $3 million more annually in locally controlled revenue.

This revenue would remain under local control and would not be subject to state actions modifying shared tax distributions or redirecting funding to address statewide priorities.

While local taxes are now largely protected by the State Constitution, the state continues to control statewide tax structures and has historically redirected certain revenue streams to balance its budget or fund mandated programs. These funds would support roadway rehabilitation, public safety response, parks, and other essential infrastructure and City services.

Recommended Action
Adopt a Resolution calling for and giving notice of a November 3, 2026, election on a proposed Business License Tax Simplification Ballot Measure; and establishing the policies and procedures for such an election and requesting that the County of Contra Costa conduct such an election.

Note: This resolution requires a four-fifths vote of Council for approval.

Background
Committee Deliberations
Since August 2025, the Council Committee on Infrastructure & Franchise has conducted a comprehensive review of Concord's long-term infrastructure funding needs and evaluated potential local revenue options to address the City's growing funding gap.

The Committee found the City faces an estimated annual infrastructure funding shortfall of at least $24.7 million, including approximately $18 million needed each year to maintain roadway conditions at the current Pavement Condition Index (PCI) of approximately 58 and an additional $6.7 million for park, median, and public facility maintenance. Significant unfunded needs also remain for aging infrastructure systems, including stormwater facilities, streetlights, traffic signals, and other public assets. This funding gap is the result of decades of deferred maintenance, rising construction costs, inflation, and limited growth in reliable local revenues. While the City has made substantial investments through Measure V, borrowing, grant funding, American Rescue Plan Act (ARPA) resources, and operational efficiencies, existing revenues remain insufficient to meet long-term infrastructure needs.

During its March 1, 2025, Study Session, the City Council identified addressing unfunded infrastructure needs as a Tier 1 priority and directed the Committee and staff to develop a long-term funding strategy. The Council emphasized that any proposed

City Council Agenda Report
Agenda Item No. 4.a
July 28, 2026
solution should protect residents from significant cost increases, support economic vitality, reflect community and business input, provide a fair and transparent revenue structure, and strengthen the City's long-term fiscal sustainability.

Between August 2025 and June 2026, the Committee conducted an extensive evaluation of nine potential revenue strategies identified through the City Council’s Tier 1 infrastructure funding directive. After reviewing fiscal impacts, legal considerations, administrative feasibility, community implications, and alignment with long‑term infrastructure needs, the Committee ultimately narrowed the list to five strategies warranting more detailed study. These five strategies were selected for their revenue potential, policy viability, and ability to integrate into a multi‑year funding plan:
• Business License Tax simplification and modernization, focusing on correcting long‑standing inequities and improving administrative transparency • Parcel Tax for core City services, designed to provide a stable source of operational funding
• General Obligation Bonds, supporting large‑scale capital investments in roadways, facilities, and public safety infrastructure
• Real Property Transfer Tax paired with Charter City conversion, offering long‑term revenue growth opportunities for major infrastructure needs • Updates to existing Benefit Assessment Districts, intended to stabilize funding for neighborhood‑level improvements and maintenance
These five strategies emerged as the most feasible, equitable, and effective options from the nine revenue measures initially evaluated and became the focus of the Committee's work beginning in January 2026. The Business License Tax simplification measure was identified as an initial step in a long‑term, multi‑year, and multi‑phase plan to address the City's unfunded needs gap.

The Committee also evaluated several additional revenue options, including a Utility Users Tax, a User Tax on App-Based Services, and a Vacant Commercial Property Tax. These alternatives were not advanced because of legal considerations, administrative complexity, limited revenue potential, or concerns raised during the evaluation process.

Business License Tax
A Concord business license is required annually for anyone conducting business with the City, including home-based and brick-and-mortar businesses of all trades, professions, and occupations. This tax is paid directly by businesses and is not charged to residents; the City collects the tax only from commercial operators. Tax exempted businesses include charitable and non-profit organizations and certain businesses with

City Council Agenda Report
Agenda Item No. 4.a
July 28, 2026
gross receipts of less than $3,600. A full list of exemptions can be found in the City’s Municipal Code section 5.05.

The Business License Tax helps the general fund support essential City services such as roadway rehabilitation, pothole repair, public safety response, keeping public areas clean and safe, parks, and other essential infrastructure and quality of life City services.

These services are utilized by businesses, their employees and customers, and contribute to making Concord a great place to live, visit, shop, and conduct business.

To support the Committee's analysis, staff and consultants evaluated the City's existing Business License Tax structure, modeled alternative tax structures, assessed impacts on businesses of different sizes, identified implementation considerations, and evaluated interest in a potential ballot measure. The analysis found that simplifying the Business License Tax would improve equity across the business community, streamline administration, increase transparency, and generate approximately $3 million more annually in locally controlled revenue.

The Committee also considered statistically valid public opinion research conducted in 2026. Survey results showed support of up to 66 percent for a Business License Tax Simplification Measure that ensures smaller businesses pay less than larger businesses, along with identifying community priorities including investments in roadway rehabilitation, emergency response services, and infrastructure such as playgrounds and traffic reduction efforts.

Business outreach was a key component of the Committee's work. Staff conducted two smaller business roundtables with local retailers and service providers, whose participants consistently supported simplifying and modernizing the Business License Tax, improving fairness across businesses of different sizes, maintaining a predictable business environment, and clearly communicating how revenues would be invested in local infrastructure.

Staff also met with the Concord Chamber of Commerce to present the City's infrastructure funding challenges, review Business License Tax alternatives, and receive feedback from the business community. Chamber members emphasized the importance of transparency, predictability, and maintaining a business-friendly environment.

In addition to business outreach, staff met with a group of community members who expressed interest in learning more about the City's work to address long-term infrastructure funding needs. The discussion was highly engaged, with participants asking thoughtful questions, providing constructive feedback, and expressing appreciation for the Committee's thorough evaluation process. Overall, attendees voiced support for the proposed approach and indicated that they viewed a potential

City Council Agenda Report
Agenda Item No. 4.a
July 28, 2026
Business License Tax Simplification Measure as a reasonable strategy for addressing the City's infrastructure needs while modernizing an outdated tax structure.

The City's Economic Advisory Group, representing major employers, healthcare providers, educational institutions, commercial property owners, and business organizations, also reviewed the proposal. While the group did not take a formal position on Business License Tax simplification measure, members encouraged careful consideration of implementation, predictability, and potential impacts on larger employers.

Taken together, the Committee's financial analysis, public opinion research, and extensive outreach to business, community members, and key stakeholder groups pointed toward the same conclusion: simplifying and modernizing the City's outdated Business License Tax structure would create a fairer, more transparent system while providing a locally controlled funding source to help address Concord's long-term infrastructure needs. The consistent feedback received throughout the process demonstrated broad understanding of the City's infrastructure challenges and strong support for investing in the community's long-term vitality.

Analysis
The Committee's evaluation quantified how the City’s Business License Tax structure created inequities across businesses of different sizes. Since the existing gross receipts tax is based on graduated gross receipts tiers, businesses with lower revenues often pay a higher effective tax rate than larger businesses. For example, a business with annual gross receipts of $25,000 pays a tax of $1.00 per $1,000 in gross receipts, resulting in an effective tax rate of 0.10 percent, while a business with $15 million in gross receipts pays approximately 0.04 percent. As a result, smaller businesses bear a proportionally greater tax burden despite having fewer financial resources.

The Committee also reviewed historical information that included budget reductions since the Great Recession. That review found that further reductions are not a viable solution. Since before the Great Recession, the City has reduced its staffing levels by approximately 19 percent while implementing numerous operational efficiencies to maintain fiscal stability. During that period, the City reorganized departments, consolidated functions, restructured employee benefit programs, deferred capital investments, leveraged grant funding, implemented hiring freezes, reduced service levels, and relied on one-time funding sources to address immediate needs. These actions enabled the City to maintain core services despite significant economic challenges but also reduced the City's operational flexibility.

Today, the City operates with substantially fewer staff and limited capacity to absorb additional reductions. Maintenance backlogs have grown, infrastructure has continued to age, and employees have assumed broader responsibilities while maintaining essential public services. Reducing the General Fund by an amount sufficient to

City Council Agenda Report
Agenda Item No. 4.a
July 28, 2026
address the City's estimated $25 million annual infrastructure funding need would require significant reductions to core City services, including public safety, parks, recreation, facility maintenance, and roadway operations. Such reductions would fundamentally diminish the City's ability to provide essential services, respond to emergencies, and maintain community assets.

Given these findings, the Committee concluded that identifying a sustainable, locally controlled revenue source was necessary to address the City's long-term infrastructure funding gap while preserving essential City services. As part of that effort, the Committee evaluated several alternatives for simplifying the Business License Tax to improve equity, simplify administration, and generate additional revenue. For example, a revised tiered structure with fewer categories was considered that would simplify the existing system but would continue to produce unequal effective tax rates across businesses. A progressive tax structure was also evaluated because it was promoted by some members of the business community; however, staff analysis determined that it would shift a greater share of the tax burden to larger employers, raising concerns about competitiveness, predictability, and potential impacts on business investment.

After evaluating each option, the Committee concluded that a uniform rate structure of $1.00 per $1,000 in gross receipts for gross receipts-based businesses provides the strongest balance of equity, simplicity, administrative efficiency, and revenue generation. Under a uniform rate structure, gross receipt-based businesses would be subject to the same tax rate regardless of size, eliminating the regressive characteristics of the current system. The simplified structure would be easier for businesses to understand, easier for the City to administer, and is projected to generate approximately $3 million more annually in locally controlled revenue. This approach is also consistent with the smaller-business priorities identified during the Committee’s outreach process, as described above.

The Committee also considered the timing of a potential ballot measure. The November 2026 election is expected to include several local and regional funding measures, creating a competitive environment for voter attention. As the public opinion research described above found, voters responded most favorably to measures that were straightforward, transparent, and clearly tied to infrastructure and City service. The proposed Business License Tax Simplification Measure aligns with those findings by providing a simple, transparent, and equitable tax structure while dedicating locally controlled revenue to roadway rehabilitation, infrastructure improvements, parks, public safety response, and other essential City services.

Based on all the financial analysis, public engagement, business outreach, and public opinion research, the Committee determined that simplifying the Business License Tax represents the most practical and effective local revenue strategy evaluated. The proposed uniform rate structure addresses inequities in the current system, simplifies administration, generates approximately $3 million in annual locally controlled revenue

City Council Agenda Report
Agenda Item No. 4.a
July 28, 2026
that cannot be taken by the State, and reflects the priorities identified by residents and the business community throughout the Committee's review process. Accordingly, the Infrastructure & Franchise Committee recommends the City Council place a Business License Tax Simplification Measure on the November 2026 ballot.

Alternative
Do not place a Business License Tax Simplification Measure on the November 2026 ballot and instead direct staff to identify alternative revenue sources and additional budget reductions to address the City's projected annual infrastructure funding gap.

Under this alternative, the City would continue to face a significant structural funding shortfall for roadway rehabilitation, parks, public facilities, and other critical infrastructure. Roadway maintenance and street paving would remain substantially underfunded, resulting in continued deterioration of the City's street network and a declining Pavement Condition Index. Because the City has already reduced staffing levels by approximately 19 percent since before the Great Recession and implemented significant operational efficiencies, identifying sufficient budget reductions would likely require substantial cuts to core City services, including public safety, parks, recreation, facility maintenance, and other essential community services.

Financial Impact
If approved by the voters, the proposed Business License Tax Simplification Measure would take effect on January 1, 2027, and is projected to generate approximately $3 million in additional annual, locally controlled revenue that cannot be taken by the State.

The revenue would be available to support roadway rehabilitation, infrastructure improvements, public safety response, parks, and other essential City services.

The final cost of placing the measure on the November 2026 ballot will depend on the number of measures submitted to the County and other election-related factors. Staff estimates the City's share of election costs specific to this Measure to be approximately $30,000. Sufficient funding is available within the FY 2026-27 Adopted Budget to absorb these costs.

Environmental Determination
Exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) including without limitation Public Resources Code section 21065, CEQA Guidelines section 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity authorized herein may have a significant effect on the environment and pursuant to Public Resources Code section 21080(b)(8), and is statutorily exempt pursuant to CEQA Guidelines section 15273 as the approval of government revenues to fund existing services. The Business License Tax Simplification Ballot Measure to be submitted to the voters is a general tax that can be used for any legitimate governmental purpose; to enact it is not a commitment to any

City Council Agenda Report
Agenda Item No. 4.a
July 28, 2026
particular action. As such, under CEQA Guidelines Section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have such effect, the City would undertake the required CEQA review for that particular project. Therefore, under CEQA Guidelines Section 15060, review under CEQA is not required.

Public Contact
The City Council Agenda was posted. Notice of this meeting was provided through multiple outreach channels, including e-news announcements distributed to approximately 15,000 subscribers, emails sent to an interested parties list of approximately 240 residents and businesses, and notification to the Concord Chamber of Commerce.

Attachments

1. Resolution Calling for and Giving Notice of a November 3, 2026, Election on a Proposed Business License Tax Simplification Ballot Measure; and Establishing the Policies and Procedures for Such an Election and Requesting that the County of Contra Costa Conduct Such an Election
Exhibit A- Proposed Ordinance No. 26-XX
Exhibit 1 thereto- Redlined Changes to Concord Municipal Code Title 5 (Business Licenses and Regulations) Chapter 5.05 (Business Licenses)

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 Giving Notice of a
November 3, 2026, Election on a Proposed Business
License Tax Simplification Ballot Measure; and
Establishing the Policies and Procedures for Such an
Election and Requesting that the County of Contra
Costa Conduct Such an Election
Resolution No. 26-XX
/
WHEREAS, the City’s current gross receipts business license tax rate schedule is approximately 40 years old and includes graduated tiers of annual gross receipts used to calculate the business license tax; and
WHEREAS, the City's gross receipts business license tax rate structure has remained substantially unchanged since its adoption despite significant changes in the local economy, business practices, and the scale and diversity of businesses operating within the City; and WHEREAS, the City Council has reviewed the existing gross receipts business license tax rates and determined that the current tiered gross receipts business license tax rates result in unequal effective tax rates among businesses because businesses with lower gross receipts pay a proportionately higher effective tax rate than businesses with higher gross receipts; and WHEREAS, the City Council finds that this regressive tax structure places a disproportionate burden on smaller businesses and is inconsistent with the City's objective of maintaining a fair, equitable, and transparent business license tax system; and WHEREAS, the City Council further finds that replacing the existing tiered gross receipts business license tax rate schedule with a single uniform business license gross receipts tax rate will establish a more equitable tax structure by ensuring that all businesses subject to the gross receipts tax pay the same rate on their taxable gross receipts, regardless of the size of the business; and WHEREAS, the City Council finds that a uniform gross receipts tax rate will simplify the administration of the City's business license tax program, improve transparency for taxpayers, and provide a fairer method of allocating the cost of municipal services among businesses operating within the City; and
Attachment 1

Res. No. 26-XX 2
WHEREAS, the amendments adopted by this Ordinance are intended solely to revise the method of calculating the City's business license tax and to modernize the City's revenue system while continuing to raise revenue for general municipal purposes, and are not intended to regulate any business, occupation, profession, or activity; and
WHEREAS, the City Council adopted the Fiscal Year (FY) 2025-26 and FY 2026-27 Biennial Budget on June 10, 2025, and adopted certain budget amendments for FY 2025-26 and FY 2026-27 to support continued service delivery and operational priorities; and WHEREAS, at its February 10, 2026, meeting, the City Council adopted amendments to the Municipal Operating Budget for Fiscal Years 2025-26 and 2026-27 that recognized the need to implement long-term, locally controlled budget stability strategies to address the fiscal challenges immediately and to continue to preserve the level of services desired by residents of the City; and WHEREAS, the City continues to face a significant infrastructure funding deficit of approximately $24.7 million annually. This includes $18 million to maintain roadway conditions and $6.7 million to support parks, medians, and community facilities. Additional costs associated with long-standing infrastructure systems, such as stormwater, have not yet been fully evaluated, which suggests the total long-term need is even greater; and
WHEREAS, the City Council directed its Infrastructure and Franchise Committee (“Committee”) to evaluate revenue options to address this deficit, with duly noticed public meetings, business roundtables, Chamber of Commerce outreach, and community surveys taking place in late 2025 and throughout 2026, which showed early support for updating and simplifying Concord’s gross receipts business license tax rate schedule; and
WHEREAS, as a result of robust public input and financial modeling, on June 23, 2026, the Committee recommended advancing discussion of placing a business license tax simplification measure on the November 2026 ballot to generate $2.9 million of additional locally controlled annual revenue that cannot be taken by the State (“Business License Tax Simplification Ballot Measure”) to the full Council for consideration; and
//
//

Res. No. 26-XX 3
WHEREAS, at a public meeting on July 28, 2026, the Council considered placing a measure on the ballot for the November 3, 2026, General Election seeking voter approval of the Business License Tax Simplification Ballot Measure; and
WHEREAS, at that meeting, the City Council concluded that all of the information presented indicated that, to obtain additional revenue necessary to maintain and preserve service levels, the Council should, at the November 3, 2026, General Election, place a measure before the voters of the City of Concord and ask the voters of the City to approve the Business License Tax Simplification Ballot Measure; and
WHEREAS, this measure will update Concord’s nearly 40-year-old business license structure so larger businesses pay their fair share, and homeowners don't shoulder the cost of maintaining Concord’s safety and quality of life; and
WHEREAS, approval of this measure will not increase taxes on homeowners or residents who are not business owners; and
WHEREAS, residents continue to highly rate Concord’s quality of life and satisfaction with City services; and
WHEREAS, the community’s top priorities include repairing potholes and maintaining neighborhood and major streets, maintaining 9-1-1 emergency response, keeping park and playgrounds safe and clean for kids, relieving traffic congestion along major corridors, and maintaining senior and youth programs; and
WHEREAS, the City is committed to maintaining the high-quality services that keep neighborhoods, roads, parks, and public spaces safe for everyone; and WHEREAS, by law, funds from the Business License Tax Simplification Ballot Measure cannot be taken by Sacramento or the federal government; and WHEREAS, the City wishes to maintain the high-quality municipal services, facilities, parks, and public infrastructure upon which Concord residents and businesses rely; and //
//
//

Res. No. 26-XX 4
WHEREAS, the City of Concord maintains approximately 636 acres of developed parkland, 68 municipal facilities totaling approximately 373,500 square feet, and approximately 65 million square feet of public streets, all of which require ongoing maintenance, repair, and replacement to ensure the continued delivery of essential public services; and
WHEREAS, the City estimates that approximately $25 million in annual funding is needed to maintain, repair, and rehabilitate its street infrastructure; continued investment in the City's roads, parks, public buildings, and other municipal infrastructure is necessary to preserve public assets, improve safety, support economic vitality, and ensure that residents, businesses, and first responders can safely access homes, businesses, and community facilities; and WHEREAS, maintaining and modernizing the City's public facilities and infrastructure enhances the City's ability to prepare for, respond to, and recover from public health emergencies, natural disasters, and other unforeseen events while continuing to provide essential municipal services; and
WHEREAS, this measure includes strict accountability and transparency provisions, including public disclosure of all spending, financial audits, and yearly reports to the community to ensure that $2.9 million in additional funds are spent locally and as promised; and WHEREAS, the tax, if approved as a result of the adoption of the Business License Tax Simplification Ballot Measure, will be in place until repealed by the voters of the City of Concord.

Unless otherwise provided in the ordinance, the ordinance will change the existing tiered gross receipts business license tax rates to one-tenth of one percent (0.1%) of the annual gross receipts derived from certain business activity in the City of Concord and exempt from such gross receipts tax those businesses having annual gross receipts that do not exceed $5,000. The tax revenue will be collected by the City of Concord Department of Finance and retained, administered, and expended by the City. The tax shall be approved if the measure receives at least a simple majority of affirmative votes; and
WHEREAS, the California Constitution, Article XIIIC, Section 2(b), requires that a proposed general tax be submitted to the voters at a general municipal election; and

Res. No. 26-XX 5
WHEREAS, Government Code Section 37101 authorizes the City Council to fix rates for business license taxes, and Business and Professions Code Section 16000 authorized the City Council to fix rates for business license fees (taxes); and
WHEREAS, Government Code section 53724 authorizes the City Council, by a two-thirds vote of all its members, to propose a general tax; and
WHEREAS, Elections Code section 9222 authorizes the City Council to submit an ordinance directly to the voters; and
WHEREAS, Elections Code Sections 9281 through 9287 set forth the procedures for primary arguments in favor of and in opposition to any City measure and for rebuttal arguments; and WHEREAS, on June 23, 2026, the City Council adopted Resolution No. 26-43, calling for the City’s General Municipal Election and Specifications of the Election Order to be held on the same day as and consolidated with the Statewide Election to be held on November 3, 2026. It is desirable that the election called by this Resolution be consolidated with the General Election, and that within the City, the precincts, polling places and election officers of the two elections be the same, and that the Election Division of the County of Contra Costa canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

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

Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference.

Section 2. Pursuant to California Constitution Article XIIIC, Section 2, Government Code Section 53724, Government Code Section 37101, Business and Professions Code Section 16000, Elections Code Section 1405, and Elections Code Section 9222, the City Council of the City of Concord hereby calls an election at which it shall submit to the qualified voters of the City, a measure that, if approved, would amend the City’s business license tax ordinance. This measure shall be designated by letter by the Contra Costa County Elections Department. Pursuant to Elections Code Section 10400 et seq., the election for this measure shall be consolidated with the General Municipal Election to be conducted on November 3, 2026. The City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418.

Res. No. 26-XX 6
Section 3. The question to be presented to the voters shall be as follows:

YES
To protect City of Concord services/ensure smaller businesses pay less than larger businesses, shall the measure be adopted to: repair potholes on neighborhood and major streets; maintain 9-1-1 emergency response; keep parks/playgrounds safe/clean; relieve traffic congestion along major corridors; maintain senior/youth programs; for general government use; by updating Concord’s 37-year-old business license rates to

0.1% of gross receipts until ended by voters, providing an additional $2,900,000 annually, requiring independent citizen oversight?
NO
This question requires the approval of a majority of qualified electors casting votes.

Section 4. The ordinance authorizing the general tax to be approved by the voters pursuant to Sections 2 and 3 of this Resolution is as set forth in Exhibit A hereto. The City Council hereby approves the attached ordinance, the form thereof, and its submission to the voters of the City at the November 3, 2026, election. The Board of Supervisors of the County of Contra Costa is requested to order the County Clerk to set forth in the voter information portion of all sample ballots to be mailed to the qualified electors of the City the full text of the Ordinance and to mail with the sample ballots to the electors printed copies of the full text of the Ordinance, together with the primary arguments and rebuttal arguments (if any) for and against the measure, and to provide absent voter ballots for the election for use by qualified electors of the City who are entitled thereto in the manner provided by law.
//
//
//
//
//

Res. No. 26-XX 7
Section 5. The City Clerk is authorized, instructed and directed to work with the County Elections Division as needed in order to properly and lawfully conduct the election. The ballots to be used in the election shall be in form and content as required by law. The County Elections Division is authorized to canvass the returns of the general municipal election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 6. Pursuant to Elections Code Section 10002, the City Council of the City of Concord hereby requests the Board of Supervisors of Contra Costa County to permit the County Elections Division to provide such services as may be necessary for the holding of the consolidated election.

The election shall be held in all respects as if there were only one election. The City of Concord recognizes that the County will incur additional costs because of this consolidation and agrees to reimburse the County for those costs. The City Manager is hereby authorized and directed to expend the necessary funds to pay for the City’s cost of placing the measure on the election ballot.

Section 7. The polls for the election shall be open at 7:00 a.m. on the day of the election and shall remain open continuously from that time until 8:00 p.m. that same day, when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. The notice of the time and place of holding the election is hereby given, and the City Clerk is authorized to give further notice of the election, as required by law.

Section 8. The City of Concord agrees that the deadline dates are as designated by the County Elections Official.
(a) The last day to submit this resolution to place the Business License Tax Simplification Ballot Measure on the ballot is August 7, 2026.
(b) The last day for submission of primary arguments for or against the measure shall be by 5:00 p.m. on August 19, 2026.
(c) The last day for submission of rebuttal arguments for or against the measure shall be by 5:00 p.m. on August 24, 2026.
(d) Primary arguments shall not exceed three hundred (300) words and shall be signed by not more than five persons.

Res. No. 26-XX 8
(e) Rebuttal arguments shall not exceed two hundred fifty (250) words and shall be signed by not more than five persons; those persons may be different persons than the persons who signed the primary arguments.
(f) Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a certified copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit the impartial analysis to the Elections Division by August 14, 2026.
(g) Pursuant to California Elections Code Section 9285, when the City Clerk has selected the arguments for and against the measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument, which it seeks to rebut.

Section 9. The City Clerk is directed to file certified copies of this Resolution with the Board of Supervisors and the County Clerk of the County of Contra Costa, together with the attached ballot measure. The City Clerk shall make a copy of this Resolution, and Ordinance No. 26-XX, attached to this Resolution as Exhibit A, available in print and for public examination, in accordance with Elections Code Sections 9223 and 9295.

Section 10. The approval of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) including without limitation Public Resources Code section 21065, CEQA Guidelines section 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity authorized herein may have a significant effect on the environment and pursuant to Public Resources Code section 21080(b)(8), and it statutorily exempt pursuant to CEQA Guidelines section 15273 as the approval of government revenues to fund existing services. The

Res. No. 26-XX 9
Business License Tax Simplification Ballot Measure to be submitted to the voters is a general tax that can be used for any legitimate governmental purpose; to enact it is not a commitment to any particular action. As such, under CEQA Guidelines Section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have such effect, the City would undertake the required CEQA review for that particular project. Therefore, under CEQA Guidelines Section 15060, review under CEQA is not required.

Section 11. This Resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on July 28, 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 on July 28, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A - Ordinance No. 26-XX
Exhibit 1 thereto - Redlined Changes to Concord Municipal Code Title 5 (Business Licenses and Regulations) Chapter 5.05 (Business Licenses) cc: Contra Costa County Board of Supervisors
Contra Costa County Clerk Recorder

Ord. No. 26-XX 1
ORDINANCE NO. 26-XX
AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE TITLE 5
(BUSINESS LICENSES AND REGULATIONS) CHAPTER 5.05 (BUSINESS

LICENSES) BY CHANGING THE EXISTING TIERED GROSS RECEIPTS

BUSINESS LICENSE TAX RATES TO ONE-TENTH OF ONE PERCENT
(0.1%) OF THE ANNUAL GROSS RECEIPTS DERIVED FROM CERTAIN

BUSINESS ACTIVITY IN THE CITY OF CONCORD AND EXEMPTING

FROM SUCH GROSS RECEIPTS TAX THOSE BUSINESSES HAVING
ANNUAL GROSS RECEIPTS THAT DO NOT EXCEED $5,000
THE PEOPLE OF THE CITY OF CONCORD DO ORDAIN AS FOLLOWS:

Section 1. Concord Municipal Code Title 5 (Business Licenses and Regulations) Chapter 5.05 (Business Licenses), is hereby amended as shown by the strikeout and underlined language in Exhibit 1, attached hereto and incorporated by reference. This ordinance shall be referred to as the “Business License Tax Simplification Ballot Measure.”
Section 2. Annual audit; citizens’ oversight. By no later than December 31st of each year after the operative date hereof, the City’s independent auditors shall complete a report reviewing the collection, management and expenditure of $2.9 million of the additional funds levied by the Business License Tax Simplification Ballot Measure. Members of the existing Measure V Oversight Committee (as established pursuant to Concord Municipal Code Section 3.15.490, and associated resolution, as amended from time to time) shall have the authority to review and report on the receipt of such revenue and expenditure thereof in the manner set forth in Concord Municipal Code Section 3.15.490.

Section 3. The voters of the City of Concord give the City Council of the City of Concord the power to amend any provision of Chapter 5.05 of Title 5 of the Concord Municipal Code, provided such amendment does not impose a new tax or increase or extend an existing tax, in which case such amendment must be approved by the City’s electorate.

Section 4. This ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) including without limitation Public Resources Code section 21065, CEQA Guidelines Exhibit A to Attachment 1

Ord. No. 26-XX 2
section 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity authorized herein may have a significant effect on the environment and pursuant to Public Resources Code section 21080(b)(8), and is statutorily exempt pursuant to CEQA Guidelines section 15273 as the approval of government revenues to fund existing services. The Business License Tax Simplification Ballot Measure to be submitted to the voters is a general tax that can be used for any legitimate governmental purpose; to enact it is not a commitment to any particular action. As such, under CEQA Guidelines Section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have such effect, the City would undertake the required CEQA review for that particular project. Therefore, under CEQA Guidelines Section 15060, review under CEQA is not required.

Section 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, it shall be severable and the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

Section 6. The City Council, by a ______________________ vote of the Council by adopting Resolution 26-XX, approved submission of the Business License Tax Simplification Ballot Measure to the voters at an election to be held on November 3, 2026. Upon approval by a majority of the voters of the City, and upon adoption of a resolution declaring the election results, the Mayor shall hereby be authorized to attest to the adoption of the Business License Tax Simplification Ballot Measure by the voters of the City by signing where indicated below.
[Insert Name]
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)

Ord. No. 26-XX 3
Ordinance No. 26-XX was submitted to the People of the City of Concord at the November 3, 2026, general municipal election. It was approved by the following vote of the People:

YES: ______________
NO: ______________
Ordinance No. 26-XX was thereby adopted by the voters of the City of Concord at the November 3, 2026, election and took effect immediately. A resolution declaring the results of the election was adopted at a regular meeting of the City Council held on December XX, 2026, by the following vote:

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

Joelle Fockler, MMC
City Clerk
Exhibit 1 - Redlined Changes to Concord Municipal Code Title 5 (Business Licenses and Regulations) Chapter 5.05 (Business Licenses)

Concord Municipal Code
Chapter 5.05 BUSINESS LICENSES

Chapter 5.05

BUSINESS LICENSES
Sections:

5.05.010 Definitions.

5.05.020 Article intended as revenue measure.

5.05.030 Effect of article on other Code sections and ordinances.

5.05.040 License required.

5.05.050 License tax imposed.

5.05.060 Branch establishments.

5.05.070 Evidence of doing business.

5.05.080 Constitutional apportionment of tax.

5.05.090 Exemptions.

5.05.100 Charitable and nonprofit organizations.

5.05.110 Contents of license.

5.05.120 Application for first license.

5.05.130 Application for renewal license.

5.05.140 Verification of statements and records.

5.05.150 Confidentiality of information.

5.05.160 Failure to file st atement or corrected statement.

5.05.170 Appeal.

5.05.180 Authority of collector to extend time for filing.

5.05.190 Transfer of license: change of location or ownership of business.

5.05.200 Duplicate license.

5.05.210 Posting and keeping licenses.

5.05.220 Due date for payment of tax.

5.05.230 Delinquent taxes; penalty for late payment.

5.05.240 License tax a debt.

5.05.250 Refunds of overpayment of tax.

5.05.260 Gross receipts tax schedule.

5.05.270 Flat rate tax schedule.

5.05.280 Reduction of tax for carnivals and similar shows; tax on craft fairs and flea markets.

5.05.290 Annual tax rate escalation.

5.05.300 Authority to make additional rules and regulations.

5.05.310 Enforcement.

5.05.320 Remedies cumulative.

5.05.330 Penalty for violations.

5.05.340 Severability.

5.05.350 Effective date of tax.

Cross references: Business license for carnivals, circuses, fairs, and amusement places, § 5.40.190.

5.05.010 Definitions.

For purposes of this article, the following definitions shall apply:

Business. Includes professions, trades, and occupations and all and every kind of calling, whether or not carried on for profit.

Collector. The Finance Director or other city officer charged with the administration of this article.

Employee. All persons engaged in the operation or conduct of any business in the city, whether as owner, member of the owner’s family, partner, employee, agent, manager, or solicitor, and any and all other persons working in said business. In addition, for the purpose of this article, “employee” shall be any person who works for and receives a Exhibit 1

Concord Municipal Code
Chapter 5.05 BUSINESS LICENSES

salary or wage from which deduction for federal withholding tax, state unemployment insurance, state disability insurance, or Federal Insurance CompensationContributions Act (FICA) funds have been withheld.

Gross receipts. Includes the total of amounts actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares, or merchandise. Included in “gross receipts” shall be all receipts, cash, credits, and property of any kind or nature without deduction of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Included as “gross receipts” shall be those moneys received by every person engaged in the business of renting commercial and/or industrial real property, whether improved or unimproved, as an owner leasing to another person or as a lessee or sublessee subleasing to another person. These moneys apply whether received from private individuals or government agencies. Excluded from “gross receipts” are the following:
(1) Cash discounts allowed and taken on sales;
(2) Credit allowed on property accepted as part of the purchase price and which property may later be sold; (3) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
(4) Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit;
(5) Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee furnishes the collector with the names and addresses of the others and the amounts paid to them; (6) Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business are not excluded;
(7) As to a real estate agent or broker, the sales price of real estate sold for the account of others, except that portion which represents commission, payment, or income to the agent or broker.

Person. Includes a person, individual, corporation, association, syndicate, joint stock corporation, partnership, club, group, business, or society, whether foreign or domestic, other than an employee.

Sale. Includes the transfer, in any manner or by any means whatsoever, of title to property for a consideration; the serving, supplying, or furnishing for a consideration of property; and a transaction whereby the possession of property is transferred and the seller retains title as security for the payment of the price. This definition does not exclude any transaction which results in a sale within the contemplation of law.

Solicitor. A person who travels by foot, wagon, vehicle, or other conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, or personal property of any kind, for future delivery, or for services to be furnished or performed in the future. “Solicitor” includes a person who hires, leases, uses, or occupies a building, structure, room, automotive vehicle, or other place within the city for the sole purpose of exhibiting samples and taking orders for future deliveries.

Sworn statement. An affidavit or a declaration or certification made under penalty of perjury.

Vendor. A person who sells, or offers to sell, any type of merchandise at any location other than a building or structure constructed on a permanent foundation which is rented, leased, or owned by that person. “Vendor” includes, but is not limited to, “hawker,” “peddler,” “street merchant,” and “huckster.” (Code 1965, § 6100; Code 2002, § 18-31. Ord. No. 836; Ord. No. 1135; Ord. No. 85-30) Cross references: Definitions generally, § 1.05.100.

Concord Municipal Code
Chapter 5.05 BUSINESS LICENSES

5.05.020 Article intended as revenue measure.

This article is enacted solely to raise revenue for municipal purposes and is not intended for regulation. A stamp, signature, or other notation on approved plans, business license, or similar does not constitute a zoning clearance, administrative permit, minor use permit, use permit, or other regulatory approval. (Code 1965, § 6101; Code 2002, § 18-32. Ord. No. 836; Ord. No. 16-9, § 3 (Exh. A))

5.05.030 Effect of article on other Code sections and ordinances.

Persons required to pay a license tax for transacting business under this article are not relieved or excused from the payment of any other license or tax that may be required under any other Code sections or ordinance of the city and shall remain subject to the regulatory provisions of other Code sections and ordinances. (Code 1965, § 6102; Code 2002, § 18-33. Ord. No. 836)

5.05.040 License required.
(a) It shall be unlawful for any person, either for themselves or for any other person, to transact and carry on any business, trade, profession, calling, or occupation in the city without first having procured a license from saidthe city so to do so and paying the tax hereinafter prescribed orin this chapter and without complying with any and all applicable provisions of this article.
(b) In addition to being liable for the payment of the basic license fee, an additional premium of 50 percent of the basic fee or $25.00 maximum shall be due from any person who knowingly engages in business without first obtaining a business license. For failure to obtain a business license within 15 days of notice, the business shall be immediately subject to all the penalty provisions of section 5.05.230 of this article. (Code 1965, § 6103; Code 2002, § 18-34. Ord. No. 836; Ord. No. 1135)

5.05.050 License tax imposed.

There are hereby imposed, upon the businesses, trades, professions, callings, and occupations specified in this article, license taxes in the amounts hereinafter prescribed. (Code 1965, § 6104; Code 2002, § 18-35. Ord. No. 836)

5.05.060 Branch establishments.
(a) A separate license must be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designed in such license; provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this article shall not be deemed to be separate places of business or branch establishments. (b) Any person conducting two or more types of businesses at the same location and under the same management, or at different locations, but which businesses use a single set or integrated set of books and records, may, at his option, pay only one tax calculated on all gross receipts of the businesses under the schedule that applies to the type of business of such person which requires the highest percentage payment on such gross receipts, except that a license fee of $25.00 for each additional branch or location shall be paid upon issuance. (Code 1965, § 6105; Code 2002, § 18-36. Ord. No. 836)

5.05.070 Evidence of doing business.

When any person shall, by use of signs, circulars, cards, telephone book, or newspapers, advertise, hold out, or represent that he is in business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he is in business in the city, and such person fails to deny by a sworn statement given to the collector that he is not conducting a business in the city, after being requested to do so by the collector, then these facts shall be considered prima facie evidence that he is conducting a business in the city. (Code 1965, § 6106; Code 2002, § 18-37. Ord. No. 836)

Concord Municipal Code
Chapter 5.05 BUSINESS LICENSES

5.05.080 Constitutional apportionment of tax.
(a) None of the license taxes provided for by this article shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitutions of the United States and the state.
(b) In any case where a license tax is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce or be violative of such constitutional clauses, he may apply to the collector for any adjustment of the tax. Such application may be made before, at, or within six months after payment of the prescribed license tax. The applicant shall, by sworn statement and supporting testimony, show the method of business and the gross volume or estimated gross volume of business and such other information as the collector may deem necessary in order to determine the extent, if any, of such undue burden or violation. The collector shall then conduct an investigation and, after having first obtained the written approval of the City Attorney, may fix as the license tax for the applicant a lesser amount that is reasonable and nondiscriminatory or, if the license tax has already been paid, may order a partial refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the collector shall have the power to base the license tax upon a percentage of gross receipts or any other measure which will assure that the license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this article. Should the collector determine the gross receipts measure of license tax to be the proper basis, he may require the applicant to submit, either at the time of termination of the applicant’s business in the city or at the end of each three-month period, a sworn statement of the gross receipts and pay the amount of the license tax therefor, provided that no additional license tax during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license tax as prescribed in this article. (Code 1965, § 6107; Code 2002, § 18-38. Ord. No. 836)

5.05.090 Exemptions.
(a) Nothing in this article shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state from the payment of such taxes as are herein prescribed.
(b) Any person claiming an exemption pursuant to this section shall file a sworn statement with the collector stating the law and facts upon which exemption is claimed, and, in the absence of such statement substantiating the claim, such person shall be liable for the payment of the taxes imposed by this article. (c) The collector shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this section without payment to the city of the license tax required by this article. (d) The collector, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein.
(e) The following person(s) or individual(s) shall be exempt from paying a business license tax:
(1) Full-time students under the age of 18 years having anA business having annual gross income of less than $3,600.receipts that do not exceed $5,000.
(2) Senior citizens (age 62 and above) who engage in part-time work from their residence and whose annual gross income from this business is less than $3,600.
(3(2) Veterans honorably discharged or honorably relieved from the armed forces of the United States and are residents of California and sole proprietor of the business, in accordance with California Business and Professions Code Section 16001.8, to the extent exempted by state law. (43) Operators of family day care homes (up to 14 children) where allowed by CMC Title 18, Development Code, and operating in compliance with Health and Safety Code Section 1597.401596.78, to the extent exempted by state law.

Concord Municipal Code
Chapter 5.05 BUSINESS LICENSES

(Code 1965, § 6108; Code 2002, § 18-39. Ord. No. 836; Ord. No. 1135; Ord. No. 24-6, § 8 (Exh. M))

5.05.100 Charitable and nonprofit organizations.
(a) Unless otherwise provided in this article, the following activities and organizations are exempt from payment of the license tax:
(1) The conducting, managing, or carrying on of any business, occupation, or activity from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm, or corporation; (2) The conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects, whenever all the receipts thereof are to be appropriated to any church or school or to any religious or benevolent purpose;
(3) The conducting of any entertainment, dance, concert, exhibition, or lecture by any religious, charitable, fraternal, educational, military, state, county, or municipal organization or association, whenever the receipts of such are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual, firm, or corporation; (4) A city-sponsored function where a fee is paid to the city for the right to participate as entries in the function shall be in lieu of any fee required to do business in the city and where the participation is by invitation of the city only. A city-sponsored function for purposes of this section is a function which is cultural or recreational in nature; provided, however, that this section does not apply to commercial food vendors who may participate or who may be asked to participate in the activity.
(b) In making a determination as to the exempt status of any organization or activity hereunder, the following criteria are to be considered by the collector:
(1) The organization or activity has received or has formally applied for tax-exempt status from the state Franchise Tax Board and Internal Revenue Service where applicable; (2) The proposed activity will not be in conflict with any provisions of this Code, or state or federal law. (c) For purposes of this section, “charitable” shall mean and include the words “patriotic,” “philanthropic,” “social service,” “welfare,” “benevolent,” “educational,” “civic,” or “fraternal,” either actual or purported. An activity defined as “religious” or a “religion” shall not mean and include the word “charitable” as herein defined but shall be given their commonly accepted definitions.
(Code 1965, § 6109; Code 2002, § 18-40. Ord. No. 836; Ord. No. 931)

5.05.110 Contents of license.
(a) Every person required to have a license under the provisions of this article shall make application as hereinafter prescribed to the collector of the city, and, upon the payment of the prescribed license tax, the collector shall issue to such person a license which shall contain the following information:
(1) The name of the person to whom the license is issued; (2) The business licensed;
(3) The place where such business is to be conducted;
(4) The date of the expiration of such license; and
(5) Such other information as may be necessary for the enforcement of the provisions of this article. (b) Whenever the tax imposed under the provisions of this article is measured by the number of vehicles, devices, machines, or other pieces of equipment used, or whenever the license tax is measured by the gross receipts from the operation of such items, the collector shall issue only one license, provided that he may issue for each tax period for

Concord Municipal Code
Chapter 5.05 BUSINESS LICENSES

which the license tax has been paid one identification sticker, tag, plate, or symbol for each item included in the measure of the tax or used in a business where the tax is measured by the gross receipts from such items. (Code 1965, § 6110; Code 2002, § 18-41. Ord. No. 836)

5.05.120 Application for first license.
(a) Upon a person making application for the first license to be issued hereunder or for a newly established business, such person shall furnish to the collector a sworn statement, upon a form provided by the collector, setting forth the following information:
(1) Name of the business;
(2) The exact nature or kind of business for which a license is requested; (3) The place where such business is to be carried on, and if the same is not to be carried on at any permanent place of business, the places of the owner’s residences; (4) In the event that application is made for the issuance of a license to a person doing business under a fictitious name, in addition to the fictitious name, the application shall set forth the names and places of residence of those owning said business;
(5) In the event that the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of residence of the president and secretary of the corporation and the partners in the partnership;
(6) In all cases where the amount of license tax to be paid is measured by gross receipts, the application shall set forth such information as may be required or necessary to determine the amount of the license tax; (7) Any further information which the collector may require to enable him to determine the tax and issue the license.
(b) If the amount of the license tax to be paid by the applicant is measured by gross receipts, he shall estimate the gross receipts for the period to be covered by the license. Such estimate, if accepted by the collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant, provided the amount of the license tax so determined shall be tentative only; and such person shall, within 30 days after the expiration of the period for which such license was issued and prior to the issuance of a renewal license, furnish the collector with a sworn statement, upon a form furnished by the collector, showing the gross receipts during the period of such license, and the license tax for such period shall be finally ascertained and paid in the manner provided by this article for the ascertaining and paying of renewal license taxes, after deducting from the payment found to be due, the amount paid based upon estimate of gross receipts, provided that, if the applicant has been in business for less than one year, the amount of his renewal license tax based on gross receipts shall be determined in the same manner as provided in this section 5.05.120.
(c) Failure to pay the required license tax or to furnish statements as herein required shall be sufficient grounds for the collector to refuse issuance of a license for the same or any other business. (Code 1965, § 6111; Code 2002, § 18-42. Ord. No. 836)

5.05.130 Application for renewal license.

In all cases for the renewal of a license, the applicant shall submit to the collector a sworn statement, upon a form to be provided by the collector, setting forth such information concerning the applicant’s business during the preceding year as may be required by the collector to enable him to ascertain the amount of the license tax to be paid by said applicant. Where the business license tax is based on gross receipts, the amount to be paid shall encompass applicant’s gross receipts from said business for the calendar year next preceding the date of his renewal application. (Code 1965, § 6112; Code 2002, § 18-43. Ord. No. 836)

Concord Municipal Code
Chapter 5.05 BUSINESS LICENSES

5.05.140 Verification of statements and records.
(a) No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the collector, his deputies, or authorized employees of the city, who are hereby authorized to examine, audit, and inspect such book and records of any licensee or applicant for license as may be necessary in their judgment to verify or ascertain the amount of license fee due.
(b) All persons subject to the provisions of this article shall keep complete records of business transactions, including sales, receipts, purchases, and other expenditures, and shall retain all such records for examination by the collector. Such records shall be maintained for a period of at least three years. Refusal to allow authorized representatives of the collector to examine required records at reasonable times and places shall be sufficient grounds to refuse issuance of a license as herein provided. (Code 1965, § 6113; Code 2002, § 18-44. Ord. No. 836)

5.05.150 Confidentiality of information.

It shall be unlawful for the collector or any person having an administrative duty under the provisions of this article to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any person required to obtain a license or pay a license tax, or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person. Provided that nothing in this section shall be construed to prevent:
(1) The disclosure to, or the examination of records and equipment by, another city official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this article or collecting taxes imposed hereunder;
(2) The disclosure of information to, or the examination of records by, federal or state officials or the tax officials of another city or county or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law upon subpoena;
(3) The disclosure of information and results of examination of records of particular taxpayers, or relating to particular taxpayers, to a court of law in a proceeding brought to determine the existence or amount of any license tax liability of the particular taxpayers to the city; (4) The disclosure, after the filing of a written request to that effect, to the taxpayer himself, or to his successors, receivers, trustees, executors, administrators, assignees, and guarantors, if directly interested, of information as to the items included in the measure of any paid tax, any unpaid tax or amounts of tax required to be collected, interest and penalties; further provided, however, that the City Attorney approves each such disclosure and that the collector may refuse to make any disclosure referred to in this paragraph when in his opinion the public interest would suffer thereby;
(5) The disclosure of the names and addresses of persons to whom licenses have been issued and the general type or nature of their business;
(6) The disclosure by way of public meeting or otherwise of such information as may be necessary to the City Council in order to permit it to be fully advised as to the facts when a taxpayer files a claim for refund of license taxes, or submits an offer of compromise with regard to a claim asserted against him by the city for license taxes, or when acting upon any other matter;
(7) The disclosure of general statistics regarding taxes collected or business done in the city; (8) Any other disclosure required by law.
(Code 1965, § 6114; Code 2002, § 18-45. Ord. No. 836)

Concord Municipal Code
Chapter 5.05 BUSINESS LICENSES

5.05.160 Failure to file stat ement or corrected statement. (a) If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the collector he fails to file a corrected statement, or if any person subject to the tax imposed by this article fails to apply for a license, the collector may determine the amount of license tax due from such person by means of such information as he may be able to obtain.
(b) If the collector is not satisfied with the information supplied in statements or applications filed, he may determine the amount of any license tax due by means of any information he may be able to obtain. (c) If such a determination is made, the collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office at Concord, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within 15 days after the mailing or serving of such notice, make application, in writing, to the collector for a hearing on the amount of the license tax. If such application is made, the collector shall, within 15 days, cause the matter to be set for hearing before the City Council. The collector shall give at least ten days’ notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment. The Council shall consider all evidence produced and shall make findings thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed above for serving notices of assessment. (Code 1965, § 6115; Code 2002, § 18-46. Ord. No. 836)

5.05.170 Appeal.

Any person aggrieved by any decision of the collector with respect to the issuance or refusal to issue such license may appeal to the City Council in accordance with section 2.05.050 of this Code. (Code 1965, § 6116; Code 2002, § 18-47. Ord. No. 836)

5.05.180 Authority of collector to extend time for filing.

In addition to all other authority conferred upon him, the collector may, for good cause shown, extend the time for filing any required sworn statement or application for a period not exceeding 30 days and in such case to waive any penalty that would otherwise have accrued, except that seven percent simple interest shall be added to any tax determined to be due and payable.
(Code 1965, § 6117; Code 2002, § 18-48. Ord. No. 836)

5.05.190 Transfer of license: change of location or ownership of business. (a) Except as otherwise provided herein, no license issued pursuant to this article shall be transferable from person to person; provided that, where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor and paying a fee of $5.00, have the license amended to authorize the transacting and carrying on of such business under said license at some other location of the licensee’s business. Provided further that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer, shall not be prohibited by this section. For the purpose of this section, stockholders, bondholders, partnerships, or other persons holding an interest in a corporation or other entity herein defined to be a person are regarded as having the real or ultimate ownership of such corporation or other entity. (b) Any business license issued pursuant to this article is transferable to a new owner(s) provided the following remain identical after the transfer:
(1) Name of business;
(2) The business location; and
(3) The nature of the business conducted.
(c) A business license transfer fee in the amount of $12.00 shall be paid before any business license can be transferred in accordance with this section.