Cities Index.
Agenda packet

Concord City Council
August 11, 2026

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Agenda packet
Meeting
August 11, 2026
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Concord City Council
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73
Original file
105.2 MB
Text extracted from the city's file for reading and search. Open the original on stream2.ci.concord.ca.us. That file is the official record.

POLICY & PROCEDURE NO. 185

2.3 Proposers who may have potential conflicts of interest in relation to the design-build program or Project and wish to participate as a Proposer or join a design-build team must:
a. Conform to federal and state conflict of interest rules and regulations, b. Disclose all relevant facts relating to past, present or planned interest(s) of the Proposer's team (including the Proposer, Proposer's proposed consultants, and subconsultants and or subcontractors and their respective chief executives, directors and key personnel) which may result in, or could be viewed as, an organizational conflict of interest in connection with any design-build procurement including present or planned contractual or employment relationships with any current City employee. c. Disclose, in the response documents to a design-build RFQ or RFP, all of the work performed in relation to the design-build program and Project.
d. Provide all records of such work performed for the City so that all information can be evaluated and made available to all potential design-build teams, if necessary. e. Ensure that the Proposer’s contract with any other person or entity to perform services related to the Project or program has expired or has been terminated.

Upon review of the information provided above, the City through its Director of Community Development or designee, will determine, in its sole discretion, if the Proposer has obtained an unfair competitive advantage or whether the proposed measures are sufficient to overcome the conflict or potential conflict and whether the Proposer may continue with the award/procurement process. The Director of Community Development, or designee will notify the consultant in writing of the determination. The determination may be appealed to the City Manager in writing, within seven days of the determination. The decision of the City Manager or his/her designee will be final for the purpose of available administrative remedies.

2.4 The successful Proposer for a design-build RFP or RFQ or firms affiliated with this Proposer are prohibited from competing on any agreement to provide construction inspection services for the Project. An affiliated firm is one which is subject to the control of the same persons, through joint ownership or otherwise. Except for subconsultants whose services are limited to providing surveying or material testing information, no subconsultants who provided design services in connection with the design-build Project shall be eligible to compete for any agreement to provide construction inspection services for the Project.

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Ord. No. 26-XX 1
AN ORDINANCE AMENDING THE CONCORD MUNICIPAL CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.10 (PURCHASING)
WHEREAS, Chapter 3.10 (Purchasing) was last comprehensively amended in 2011; and WHEREAS, since that time, procurement practices, technology, requirements, and the City of Concord’s (City) administrative procedures have evolved; and WHEREAS, the proposed Ordinance updates Chapter 3.10 (Purchasing) to clarify existing provisions, eliminate obsolete references, improve consistency throughout the chapter, expressly recognize the use of electronic communications and electronic bidding and proposal submissions when permitted, and align Municipal Code provisions with current procurement practice; and WHEREAS, effective January 1, 2015, the State granted general law cities the ability to use a design-build method of procurement (California Public Contract Code Chapter 4. Local Agency Design-Build Projects sections 22160-22169) for certain public works projects; and WHEREAS, a project means contracts over $1 million involving the construction of buildings, improvements directly related to the building, and park and recreation facilities; acquisition and installation of technology applications or surveillance equipment designed to enhance safety, disaster preparedness, and homeland security efforts, with no cost threshold; and in any other situation that may be authorized by State law; and
WHEREAS, the California Public Contract Code requires the City to adopt a standard organizational conflict of interest policy regarding the design-build procurement regarding the disqualification of a person or entity who assist the City in preparing or reviewing a solicitation of a design-build project from submitting a proposal as a design-build entity, or to join a design-build team; and
WHEREAS, the amendments collectively are shown in the form of the proposed Chapter

3.10, Purchasing, attached hereto as Exhibit A (hereafter referred to as “Amendment”) and incorporated by reference; and
WHEREAS, the City Council, after giving all public notices required by State Law and the Attachment 1
Benched Attachments 1 and 2 and
Exhibit A
Agenda Item No. 5.a
August 11, 2026

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Ord. No. 26-XX 2
Concord Municipal Code, held a duly noticed public hearing on July 31, 2026, on the proposed Amendment; and
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including the oral report from City staff, the written report from City staff dated August 11, 2026, materials, exhibits presented, the Concord Municipal Code, and all other information that constitutes the record of proceedings relating to the proposed Amendment, which are maintained at the offices of the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA (collectively, “Amendment Information”); and
THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

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

Section 2. The City Council has reviewed, considered, and evaluated all of the Amendment Information, all other pertinent documents and testimony prior to acting upon Ordinance.

Section 3. The documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in and may be obtained from the City of Concord Clerk’s Office at 1950 Parkside Drive, Concord, CA 94519.

Section 4. In accordance with CEQA Guidelines Sections 15060(c)(2), 15270, and 15378, the approval of the Ordinance does not constitute a “project” as the administration of bidding and procurement of public projects, goods, and services in accordance with state law as allowed the Ordinance are organizational and administrative mechanisms of government, which do not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and CEQA Guidelines Section 15378 (including subsections (b)(2), (4) and/or (5)), the activities do not commit the City to a definite course of action, and the activities do not constitute discretionary approval of a specific project. If any activity were determined to be a “project” for CEQA analysis, such activity is either subject to a categorical exception set forth in CEQA Guidelines Section 15061(b)(2) or falls within the "Common Sense" CEQA exemption set forth in CEQA

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Ord. No. 26-XX 3
Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Section 5. The Amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Section 6. Concord Municipal Code, Title 3, Revenue and Finance, Chapter 3.10 (Purchasing) is hereby amended as set forth in Exhibit A attached hereto and made a part hereof.

Section 7. In connection with the revisions to this Ordinance, staff is authorized and directed to update any and all references in the City’s policies or procedures resulting from the reorganization of the Concord Municipal Code in this Ordinance.

Section 8. Severability. If any section, subsection, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, or its application to any other person or circumstance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Section 9. This ordinance shall become effective thirty (30) days following passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord. ____________________________________
Laura Nakamura
Mayor
ATTEST:

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Ord. No. 26-XX 4
______________________________________
Joelle Fockler, MMC
City Clerk (Seal)
Ordinance No. 26-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on August 11, 2026, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council held on September 8, 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 introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk
Attachment:

Exhibit A – Amended Concord Municipal Code Chapter 3.10, Purchasing

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Ord. No. 26-XX 1

AN ORDINANCE AMENDING THE CONCORD MUNICIPAL CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.10 (PURCHASING)
WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Concord (“City”) zoning laws, ordinances, rules and regulations; and WHEREAS, Chapter 3.10 (Purchasing) was last comprehensively amended in 2011; and WHEREAS, since that time, procurement practices, technology, requirements, and the City of Concord’s (City) administrative procedures have evolved; and WHEREAS, the proposed Ordinance updates Chapter 3.10 (Purchasing) to clarify existing provisions, eliminate obsolete references, improve consistency throughout the chapter, expressly recognize the use of electronic communications and electronic bidding and proposal submissions when permitted, and align Municipal Code provisions with current procurement practice; and WHEREAS, effective January 1, 2015, the State granted general law cities the ability to use a design-build method of procurement (California Public Contract Code Chapter 4. Local Agency Design-Build Projects sections 22160-22169) for certain public works projects; and WHEREAS, a project means contracts over $1 million involving the construction of buildings, improvements directly related to the building, and park and recreation facilities; acquisition and installation of technology applications or surveillance equipment designed to enhance safety, disaster preparedness, and homeland security efforts, with no cost threshold; and in any other situation that may be authorized by State law; and
WHEREAS, the California Public Contract Code requires the City to adopt a standard organizational conflict of interest policy regarding the design-build procurement regarding the disqualification of a person or entity who assist the City in preparing or reviewing a solicitation of a design-build project from submitting a proposal as a design-build entity, or to join a design-build team; and
WHEREAS, the amendments collectively are shown in the form of the proposed Chapter

3.10, Purchasing, attached hereto as Exhibit A (hereafter referred to as “Amendment”) and Attachment 1

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Ord. No. 26-XX 2

incorporated by reference; and
WHEREAS, the City Council, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing on July 31, 2026, on the proposed Amendment; and
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including the oral report from City staff, the written report from City staff dated August 11, 2026, materials, exhibits presented, the Concord Municipal Code, and all other information that constitutes the record of proceedings relating to the proposed Amendment, which are maintained at the offices of the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA (collectively, “Amendment Information”); and
THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

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

Section 2. The City Council has reviewed, considered, and evaluated all of the Amendment Information, all other pertinent documents and testimony prior to acting upon Ordinance.

Section 3. The documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in and may be obtained from the City of Concord Clerk’s Office at 1950 Parkside Drive, Concord, CA 94519.

Section 4. In accordance with CEQA Guidelines Sections 15060(c)(2), 15270, and 15378, the approval of the Ordinance language amending Purchasing Authority; public projects is not an activity that does not constitutes a “project” as the administration of bidding and procurement of public projects, goods, and services in accordance with state law as allowed the Ordinance are organizational and administrative mechanisms of government, which do not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and CEQA Guidelines Section 15378 (including subsections (b)(2), (4) and/or (5)), the activities do not commit the City to a definite course of action, and the activities do not constitute discretionary approval of a

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Ord. No. 26-XX 3

specific project. If any activity were determined to be a “project” for CEQA analysis, such activity is either subject to a categorical exception set forth in CEQA Guidelines Section 15061(b)(2) or 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. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.if this were determined to be a “project” for CEQA analysis, this activity falls within either the “Common Sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3) or is Categorically Exempt from the requirement for preparation of an environmental document as provided for in CEQA Guidelines Sections 15301 - 15304. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgement and analysis.

Section 5. The Amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Section 6. Concord Municipal Code, Title 3, Revenue and Finance, Chapter 3.10 (Purchasing) is hereby amended as set forth in Exhibit A attached hereto and made a part hereof.

Section 7. In connection with the revisions to this Ordinance, staff is authorized and directed to update any and all references in the City’s policies or procedures resulting from the reorganization of the Concord Municipal Code in this Ordinance.

Section 8. Severability. If any section, subsection, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, or its application to any other person or circumstance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Section 9. This ordinance shall become effective thirty (30) days following passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least

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Ord. No. 26-XX 4

five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord. ____________________________________
Laura Nakamura
Mayor
ATTEST:
______________________________________
Joelle Fockler, MMC
City Clerk (Seal)
Ordinance No. 26-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on August 11, 2026, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council held on September 8, 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 introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk
Attachment:

Exhibit A – Amended Concord Municipal Code Chapter 3.10, Purchasing

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Res. No. 26-XX

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Resolution Adopting a Policy and Procedure for
Establishing Guidelines for Design Build Conflict of
Interest
Resolution No. 26-XX /
WHEREAS, effective January 1, 2015, the State granted general law cities the ability to use a design-build method of procurement (California Public Contract Code Chapter 4. Local Agency Design-Build Projects sections 22160-22169) for certain public works projects; and WHEREAS, a project means contracts over $1 million involving the construction of buildings, improvements directly related to the building, and park and recreation facilities; acquisition and installation of technology applications or surveillance equipment designed to enhance safety, disaster preparedness, and homeland security efforts, with no cost threshold; and in any other situation that may be authorized by State law; and
WHEREAS, the City Council has declared their intent to approve and adopt an Ordinance amending Concord Municipal Code, Title 3 (Revenue and Finance), Chapter 3.10.30 (Purchasing authority; public projects) to allow a design-build procurement procedure for public projects; and WHEREAS, the California Public Contract Code requires the City to adopt a standard organizational conflict of interest policy regarding the design-build procurement regarding the disqualification of a person or entity who assist the City in preparing or reviewing a solicitation of a design-build project from submitting a proposal as a design-build entity, or to join a design-build team; and
WHEREAS, pursuant to the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA “), this activity, which constitutes the adoption of a new Policy and Procedure, is not considered a “project” as defined by CEQA Guidelines Sections 15060(c), 15378, Public Resources Code Section 21065 and/or 21080, as the adoption of this ordinance will not result in any activity that may cause a direct or reasonably foreseeable indirect physical change to the environment. The subject ordinance and related Policy and Procedure are Attachment 2

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Res. No. 26-XX
designed to amend the City’s procurement process in order to accommodate design-build pursuant to Public Contract Code Section 22160, et seq.; accordingly adoption of the ordinance and related Policy and Procedure would not result in new activities or businesses that could directly or indirectly cause environmental impacts. In the alternative, if determined to be a “project,” the proposed amendments to the Development Code and adoption of a related Policy and Procedure are exempt pursuant to CEQA Guidelines Section 15061(b)(3), the “common sense” exemption, in that there is no possibility that the code amendments may have a significant effect on the environment and there is no reasonable possibility that the activity will have an effect on the environment. Accordingly, no further environmental review is required; and
WHEREAS, the City Council, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing on August 11, 2026, on the proposed Resolution; and
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including the oral report from City staff, the written report from City staff dated August 11, 2026, materials, exhibits presented, the Concord Municipal Code, and all other information that constitutes the record of proceedings relating to the proposed Policy, which are maintained at the offices of the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA (collectively, “Amendment Information”); and
WHEREAS, the City Council has declared their intent to approve and adopt the Resolution; and
WHEREAS, this Resolution does not go into effect until the effective date of Ordinance No. 26-XX.

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

Section 1. The recitals above are true and correct and incorporated herein by reference. The recitals constitute findings in this matter, and together with the other attached materials, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Resolution.

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Res. No. 26-XX
Section 2. In accordance with CEQA Guidelines Sections 15060(c)(2), 15270, and 15378, the approval of the Policy and Procedure on Design Build Conflict of Interest does not constitute a “project” as the administration of bidding and procurement of public projects, goods, and services in accordance with state law as allowed by the City’s updated Ordinance and the Policy and Procedure on Design Build Conflict of Interest are organizational and administrative mechanisms of government, which do not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and CEQA Guidelines Section 15378 (including subsections (b)(2), (4) and/or (5)), the activities do not commit the City to a definite course of action, and the activities do not constitute discretionary approval of a specific project. If any activity were determined to be a “project” for CEQA analysis, such activity is either subject to a categorical exception set forth in CEQA Guidelines Section 15061(b)(2) or 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. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Section 3. The Policy and Procedure on Design Build Conflict of Interest would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Section 4. The Policy and Procedure on Design Build Conflict of Interest is necessary in order for the Design-Build Procurement to comply with both State and Federal law.

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

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Res. No. 26-XX
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
Attachment: Exhibit A – Policy and Procedure No. 185 Design Build Conflict of Interest Policy

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Res. No. 26-XX

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Resolution Adopting a Policy and Procedure for
Establishing Guidelines for Design Build Conflict of
Interest
Resolution No. 26-XX /
WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Concord (“City”) zoning laws, ordinances, rules and regulations; and WHEREAS, effective January 1, 2015, the State granted general law cities the ability to use a design-build method of procurement (California Public Contract Code Chapter 4. Local Agency Design-Build Projects sections 22160-22169) for certain public works projects; and WHEREAS, a project means contracts over $1 million involving the construction of buildings, improvements directly related to the building, and park and recreation facilities; acquisition and installation of technology applications or surveillance equipment designed to enhance safety, disaster preparedness, and homeland security efforts, with no cost threshold; and in any other situation that may be authorized by State law; and
WHEREAS, the City Council has declared their intent to approve and adopt an Ordinance amending Concord Municipal Code, Title 3 (Revenue and Finance), Chapter 3.10.30 (Purchasing authority; public projects) to allow a design-build procurement procedure for public projects; and WHEREAS, the California Public Contract Code requires the City to adopt a standard organizational conflict of interest policy regarding the design-build procurement regarding the disqualification of a person or entity who assist the City in preparing or reviewing a solicitation of a design-build project from submitting a proposal as a design-build entity, or to join a design-build team; and
WHEREAS, pursuant to the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA “), this activity, which constitutes the adoption of a new Policy and Procedure, is not considered a “project” as defined by CEQA Guidelines Sections 15060(c), 15378, Public Resources Code Section 21065 and/or 21080, as the adoption of this Attachment 2

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Res. No. 26-XX
ordinance will not result in any activity that may cause a direct or reasonably foreseeable indirect physical change to the environment. The subject ordinance and related Policy and Procedure are designed to amend the City’s procurement process in order to accommodate design-build pursuant to Public Contract Code Section 22160, et seq.; accordingly adoption of the ordinance and related Policy and Procedure would not result in new activities or businesses that could directly or indirectly cause environmental impacts. In the alternative, if determined to be a “project,” the proposed amendments to the Development Code and adoption of a related Policy and Procedure are exempt pursuant to CEQA Guidelines Section 15061(b)(3), the “common sense” exemption, in that there is no possibility that the code amendments may have a significant effect on the environment and there is no reasonable possibility that the activity will have an effect on the environment. Accordingly, no further environmental review is required; and
WHEREAS, the City Council, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing on August 11, 2026, on the proposed Resolution; and
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including the oral report from City staff, the written report from City staff dated August 11, 2026, materials, exhibits presented, the Concord Municipal Code, and all other information that constitutes the record of proceedings relating to the proposed Policy, which are maintained at the offices of the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA (collectively, “Amendment Information”); and
WHEREAS, the City Council has declared their intent to approve and adopt the Resolution; and
WHEREAS, this Resolution does not go into effect until the effective date of Ordinance No. 26-XX.

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

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

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Res. No. 26-XX
recitals constitute findings in this matter, and together with the other attached materials, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Resolution.

Section 2. In accordance with CEQA Guidelines Sections 15060(c)(2), 15270, and 15378, the approval of the Policy and Procedure on Design Build Conflict of Interest does not constitute a “project” as the administration of bidding and procurement of public projects, goods, and services in accordance with state law as allowed by the City’s updated Ordinance and the Policy and Procedure on Design Build Conflict of Interest are organizational and administrative mechanisms of government, which do not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and CEQA Guidelines Section 15378 (including subsections (b)(2), (4) and/or (5)), the activities do not commit the City to a definite course of action, and the activities do not constitute discretionary approval of a specific project. If any activity were determined to be a “project” for CEQA analysis, such activity is either subject to a categorical exception set forth in CEQA Guidelines Section 15061(b)(2) or 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. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.Pursuant to the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA “), this activity, which constitutes the adoption of a new Policy and Procedure, is not considered a “project” as defined by CEQA Guidelines Sections 15060(c), 15378, Public Resources Code Section 21065 and/or 21080 as the adoption of this ordinance will not result in any activity that may cause a direct or reasonably foreseeable indirect physical change to the environment. The subject ordinance and related Policy and Procedure are designed to amend the City’s procurement process in order to accommodate design-build pursuant to Public Contract Code Section 22160, et seq.; accordingly adoption of the ordinance and related Policy and Procedure would not result in new activities or businesses that could directly or indirectly cause environmental impacts. In the alternative, if determined to be a “project,” the proposed amendments to the Development Code and adoption of a related Policy and Procedure are exempt pursuant to CEQA

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Res. No. 26-XX
Guidelines Section 15061(b)(3), the “common sense” exemption, in that there is no possibility that the code amendments may have a significant effect on the environment and there is no reasonable possibility that the activity will have an effect on the environment. Accordingly, no further environmental review is required. This determination reflects the City’s independent judgment and analysis.

Section 3. The Policy and Procedure on Design Build Conflict of Interest would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Section 4. The Policy and Procedure on Design Build Conflict of Interest is necessary in order for the Design-Build Procurement to comply with both State and Federal law.

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

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Res. No. 26-XX
Attachment: Exhibit A – Policy and Procedure No. 185 Design Build Conflict of Interest Policy

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DESIGN BUILD CONFLICT OF INTEREST POLICY

1. PURPOSE
The purpose of this policy isto establish guidelines, asrequired under California Public Contract Code Section 22162, for a standard organizational conflict-of-interest policy, applicable to design-build projects procured pursuant to Public Contract Code Section 22160, et seq.

2. POLICY

2.1 Contractors and consultants participating as proposers on a design-build project or joining a design-build team (“Proposers”) may not have organizational conflicts of interest.

2.1.1 Organizational Conflict of Interest are circumstances arising out of a consultant’s or contractor’s existing or past activities, business or financial interests, familiar relationships, contractual relationships, and/or organizational structure (e.g., parent, entities, subsidiaries, affiliates) that results in: (i) impairment or potential impairment of a consultant’s or contractor’s ability to render impartial assistance or advice to the City or of its objectivity in performing work for the City, (ii) an unfair competitive advantage for any bidder or proposer with response to a City procurement; or (iii) a perception or appearance of impropriety with respect to any of the City’s procurements or contracts or a perception or appearance of unfair competitive advantage with response to a procurement by the City (regardless of whether any such perception is accurate).

2.2 A Organizational Conflict of Interest will exist and consultant and/or contractor will not be allowed to submit a proposal as a design-build entity or to join a design-build team if any of the following circumstances are applicable:
a. The Proposer is the City's general engineering, architectural or design consultant (the “consultant'” to the subject design-build project (the “Project”).
b. The Proposer has assisted or is assisting the City in the management or procurement of the Project, including drafting or preparation of the request for qualifications (RFQ), request for proposal (RFP) language, or evaluation criteria.
c. The Proposer has conducted preliminary design services for the Project, such as, but not limited to, engineering analysis, environmental analysis, feasibility studies, preliminary designs, conceptual layouts or preparation of bridging documents, unless the City, acting by and through its Purchasing Officer, determines that the Proposer did not engage in or advise on the making of the subsequent contract as defined by Government Code Section 1097.6, that all other requirements of Section 1097.6 have been made to facilitate the Proposer’s participation, and that it is in the City’s interest to allow their participation.
d. The Proposer performed design work related to the Project. e. The Proposer has performed work on a previous contract that specifically excludes them from participating as a Proposer or joining a design-build team for the Project. f. The Proposer is under contract with any other person or entity to perform oversight on the Project after it has been awarded.
g. Any circumstance that would violate California Government Code Section 1090, et seq.

CITY OF CONCORD
Number:

Authority:

Effective:

Revised:

Reviewed:

Initiating Dept.:
1 Council Motion
X-X-26

POLICY & PROCEDURE CDD
Exhibit A

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POLICY & PROCEDURE NO. 18X

2.3 Proposers who may have potential conflicts of interest in relation to the design-build program or Project and wish to participate as a Proposer or join a design-build team must:
a. Conform to federal and state conflict of interest rules and regulations, b. Disclose all relevant facts relating to past, present or planned interest(s) of the Proposer's team (including the Proposer, Proposer's proposed consultants, and subconsultants and or subcontractors and their respective chief executives, directors and key personnel) which may result in, or could be viewed as, an organizational conflict of interest in connection with any design-build procurement including present or planned contractual or employment relationships with any current City employee. c. Disclose, in the response documents to a design-build RFQ or RFP, all of the work performed in relation to the design-build program and Project.
d. Provide all records of such work performed for the City so that all information can be evaluated and made available to all potential design-build teams, if necessary. e. Ensure that the Proposer’s contract with any other person or entity to perform services related to the Project or program has expired or has been terminated.

Upon review of the information provided above, the City through its Purchasing Officer or designee, will determine, in its sole discretion, if the Proposer has obtained an unfair competitive advantage or whether the proposed measures are sufficient to overcome the conflict or potential conflict and whether the Proposer may continue with the award/procurement process. The Purchasing Officer, or designee will notify the consultant in writing of the determination. The determination may be appealed to the City Manager in writing, within seven days of the determination. The decision of the City Manager or his/her designee will be final for the purpose of available administrative remedies.

2.4 The successful Proposer for a design-build RFP or RFQ or firms affiliated with this Proposer are prohibited from competing on any agreement to provide construction inspection services for the Project. An affiliated firm is one which is subject to the control of the same persons, through joint ownership or otherwise. Except for subconsultants whose services are limited to providing surveying or material testing information, no subconsultants who provided design services in connection with the design-build Project shall be eligible to compete for any agreement to provide construction inspection services for the Project.

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DESIGN BUILD CONFLICT OF INTEREST POLICY

1. PURPOSE
The purpose of this policy is to establish guidelines, as required under California Public Contract Code Section 22162, for a standard organizational conflict-of-interest policy, applicable to design-build projects procured pursuant to Public Contract Code Section 22160, et seq.

2. POLICY

2.1 Contractors and consultants participating as proposers on a design-build project or joining a design-build team (“Proposers”) may not have organizational conflicts of interest.

2.1.1 Organizational Conflict of Interest are circumstances arising out of a consultant’s or contractor’s existing or past activities, business or financial interests, familiar relationships, contractual relationships, and/or organizational structure (e.g., parent, entities, subsidiaries, affiliates) that results in: (i) impairment or potential impairment of a consultant’s or contractor’s ability to render impartial assistance or advice to the City or of its objectivity in performing work for the City, (ii) an unfair competitive advantage for any bidder or proposer with response to a City procurement; or (iii) a perception or appearance of impropriety with respect to any of the City’s procurements or contracts or a perception or appearance of unfair competitive advantage with response to a procurement by the City (regardless of whether any such perception is accurate).

2.2 A Oorganizational Cconflict of Iinterest will exist and consultant and/or contractor will not be allowed to submit a proposal as a design-build entity or to join a design-build team if any of the following circumstances are applicable:
a. The Proposer is the City's general engineering, architectural or design consultant (the “consultant'”) to the subject design-build project (the “Project”).
b. The Proposer has assisted or is assisting the City in the management or procurement of the Project, including drafting or preparation of the request for qualifications (RFQ), request for proposal (RFP) language, or evaluation criteria.
c. The Proposer has conducted preliminary design services for the Project, such as, but not limited to, engineering analysis, environmental analysis, feasibility studies, preliminary designs, conceptual layouts or preparation of bridging documents, unless the City, acting by and through its Purchasing Officer, determines that the Proposer did not engage in or advise on the making of the subsequent contract as defined by Government Code Section 1097.6, that all other requirements of Section 1097.6 have been made to facilitate the Proposer’s participation, and that it is in the City’s interest to allow their participatationparticipation..
d. The Proposer performed design work related to the Project. e. The Proposer has performed work on a previous contract that specifically excludes them from participating as a Proposer or joining a design-build team for the Project. f. The Proposer is under contract with any other person or entity to perform oversight on the Project after it has been awarded.
g. Any circumstance that would violate California Government Code Section 1090, et seq.

CITY OF CONCORD
Number:

Authority:

Effective:

Revised:

Reviewed:

Initiating Dept.:
1 Council Motion
X-X-26

POLICY & PROCEDURE CDD

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POLICY & PROCEDURE NO. 18X

2.3 Proposers who may have potential conflicts of interest in relation to the design-build program or Project and wish to participate as a Proposer or join a design-build team must:
a. Conform to federal and state conflict of interest rules and regulations, b. Disclose all relevant facts relating to past, present or planned interest(s) of the Proposer's team (including the Proposer, Proposer's proposed consultants, and subconsultants and or subcontractors and their respective chief executives, directors and key personnel) which may result in, or could be viewed as, an organizational conflict of interest in connection with any design-build procurement including present or planned contractual or employment relationships with any current City employee. c. Disclose, in the response documents to a design-build RFQ or RFP, all of the work performed in relation to the design-build program and Project.
d. Provide all records of such work performed for the City so that all information can be evaluated and made available to all potential design-build teams, if necessary. e. Ensure that the Proposer’s contract with any other person or entity to perform services related to the Project or program has expired or has been terminated.

Upon review of the information provided above, the City through its Director of Community DevelopmentPurchasing Officer or designee, will determine, in its sole discretion, if the Proposer has obtained an unfair competitive advantage or whether the proposed measures are sufficient to overcome the conflict or potential conflict and whether the Proposer may continue with the award/procurement process.

The Director of Community DevelopmentPurchasing Officer, or designee will notify the consultant in writing of the determination. The determination may be appealed to the City Manager in writing, within seven days of the determination. The decision of the City Manager or his/her designee will be final for the purpose of available administrative remedies.

2.4 The successful Proposer for a design-build RFP or RFQ or firms affiliated with this Proposer are prohibited from competing on any agreement to provide construction inspection services for the Project. An affiliated firm is one which is subject to the control of the same persons, through joint ownership or otherwise. Except for subconsultants whose services are limited to providing surveying or material testing information, no subconsultants who provided design services in connection with the design-build Project shall be eligible to compete for any agreement to provide construction inspection services for the Project.

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From: Ezell, Justin <[email protected]>
Sent: Saturday, August 8, 2026 5:24 PM
To: Fockler, Joelle <[email protected]>; Robinson, Monique <[email protected]>
Subject: Re: Question about item 5a
This email is being shared with all Councilmembers.

Councilmember Obringer,
The basic difference is that low bid focuses primarily on price, while best value considers both price and a contractor’s qualifications and experience.

For example, a straightforward project like paving a parking lot provides opportunity for traditional low bid contracting, where the contractor offering the lowest price is selected.

A more complicated project, however, might involve several phases, with impacts on a facility or coordination with utilities and other agencies. In that situation, we may want to consider a contractor’s experience with similar projects, ability to manage complex schedules, safety record, and price. Best value allows us to objectively evaluate those factors along with the cost.

To be clear, best value does not mean simply choosing the contractor the City likes best or paying more without justification. The criteria are established in advance, and the process remains competitive and transparent.

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. 5.a
Benched Correspondence
August 11, 2026

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From: Obringer, Carlyn <[email protected]> Sent: Saturday, August 8, 2026 12:02 PM
To: Ezell, Justin <[email protected]>
Subject: Question about item 5a
Hi Justin,
What is the difference between low bid and best value? Could you please provide me with an example of a project where we would choose best value over low bid? (f) Design-build. Pursuant to Public Contract Code §22160 et seq., the Council may approve the use of the design-build method for public projects in excess of one million dollars ($1,000,000) with contract award to either to the low bid, the best value, or in any other situations that may be authorized by state law. As required by Public Contract Code §22162, a design professional or other consultant, who under contract with the city, provides assistance related to the design-build procurement, including but not limited to preparing the documents for solicitation, shall be prohibited from participating with the design-build entity or team
Many thanks,
Carlyn
Carlyn Obringer
Councilmember, District 2
City of Concord
925-324-9595

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Amending Concord Municipal
Code Title 3, Chapter 3.10 (Purchasing)
Administrative Updates & a New Design-Build Procurement Option City Council Agenda Item 5.aAugust 11, 2026 — Public HearingMargaret L. O’Brien, Director of FinanceJen Chesterman, Purchasing Agent Will Wahbeh, PE, Associate Civil Engineer

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Two Actions Before Council Tonight
1 Ordinance: Purchasing Code Update
Amends C.M.C. Chapter 3.10 to clarify existing rules, remove outdated references, recognize electronic bidding, and authorize design-build for eligible public projects. 2 Resolution: Conflict-of-Interest Policy
Adopts Policy & Procedure No. 185, a standard organizational conflict-ofinterest policy required by state law for design-build procurements. 2

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Why Update the Code Now?
15YEARS SINCE THE LASTCOMPREHENSIVE UPDATEChapter 3.10 (Purchasing) was last comprehensively amended in 2011. Since then, procurement practices, technology, and administrative procedures have all evolved.

Modern Procurement Technology
An electronic platform now guides staff through solicitation development and accepts e-bid and proposal submissions.

Consistency & ClarityRemoves obsolete references and improves consistency so purchasing rules are easier to apply.

A New Delivery Option
Adds design-build alongside traditional design-bid-build for eligible capital projects. 3

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Administrative & Clarifying Updates
Recognize Electronic BiddingExpressly allows electronic communications, bid submission, and proposal submission when permitted.

Remove Obsolete References
Cleans up outdated citations and language.

Improve ConsistencyAligns terminology and procedures throughout the chapter for clearer administration.

Modernize Procurement Practices
Updates reflect evolving procurement practices. Allow flexibility in solicitation methods consistent with applicable law. 4

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A New Delivery Method: Design-Build
TRADITIONAL METHODDesign-Bid-Build
1 City hires a designer to complete
plans
2 City separately bids construction
3 City awards a construction contract4 Two contracts, sequential steps, longer timeline
NEW OPTIONDesign-Build
1 City prequalifies design-build teams2 One team designs and constructs under a single contract
3 Award based on low bid or “best
value”
4 Greater flexibility, single point of
accountability
5

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Where Design-Build Can Be Used
Authorized under Senate Bill 785 (2015) — Public Contract Code §§ 22160–22169 Buildings & Park / Recreation Facilities
$1,000,000+minimum project valueIncludes construction of buildings (and directly related improvements) and park and recreation facilities. No other infrastructure types are eligible under this authority.

Safety & Security TechnologyNO COST THRESHOLD
Applies to acquisition and installation of technology applications or equipment that enhance safety, disaster preparedness, and homeland security. 6

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Benefits of Design-Build — For the Right Project
Expedited Completion
Overlapping design and
construction can shorten
overall timelines.

Greater Collaboration
Designer and builder work
as one team, encouraging
flexibility.

Fewer Change Orders & Claims
A coordinated team reduces
disputes common to split
contracts.

Room for Innovation
Teams can propose creative,
cost-effective solutions during
design.

Single Point of Accountability
One contract, one team
responsible for design and
construction.

Prequalified Teams
The City prequalifies
proposers before award,
protecting quality.
7

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A Required Conflict-of-Interest Safeguard
Policy & Procedure No. 185
Design-Build Conflict of Interest
State law (Public Contract Code § 22160 et seq.) requires the City to adopt this policy before using design-build procurement.

THE RULE
A consultant who assists the City in preparing or reviewing the design-build solicitation (RFQ/RFP) is prohibited from later participating with a design-build team competing for that project.

It’s Important
Keeps the process fair and protects public trust by ensuring no firm has an unfair advantage from having helped write the rules of its own competition. 8

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RECOMMENDED ACTION
Staff Recommends Council:
1 Introduce the OrdinanceAmending CMC Title 3, Chapter 3.10 (Purchasing) — by reading of title only and waiving further reading. 2 Adopt the ResolutionAdopting Policy & Procedure No. 185, the Design-Build Conflict of Interest policy. 10

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July 23, 2026
Matt Kelly
Contra Costa Transportation Authority (CCTA)
2999 Oak Road
Walnut Creek, CA 94597
Subject: BART Countywide LED Lighting Upgrades Project Letter of Support Dear Mr. Kelly,
The City of Concord strongly supports the San Francisco Bay Area Rapid Transit District's (BART) Countywide LED Lighting Upgrades project (Project), submitted to the Contra Costa Transportation Authority (CCTA) for the Coordinated Call for Projects (CCFP) and Metropolitan Transportation Commission's (MTC) Community Action, Resources, and Empowerment (CARE) grant program.

This Project directly advances the equity goals of the CARE program by moving forward a community-prioritized transportation improvement identified in Contra Costa's Community-Based Transportation Plan (CBTP), which named BART station lighting as a priority need. By funding this work, CCTA will help translate a communityidentified priority into a construction-ready project.

The Project will replace aging light fixtures with modern, energy-efficient LED lighting at BART stations throughout Contra Costa County. In Concord, lighting will be installed at the North Concord/Martinez BART Station within station facilities and in surrounding station areas. These upgrades will improve visibility, strengthen riders' sense of safety and security, enhance the overall customer experience, and support the long-term maintenance of BART's infrastructure in a state of good repair.

This investment reflects a meaningful commitment to the safety, accessibility, and reliability of the Bay Area's transit network. Brighter, safer, and more welcoming stations paired with lower energy use and reduced maintenance demands will deliver lasting benefits to riders, BART employees, and the Equity Priority Communities these stations serve.

For these reasons, the City of Concord respectfully urges CCTA to award funding to the BART Countywide LED Lighting Upgrades project. We look forward to seeing its benefits realized by riders and communities throughout the region.

Sincerely,
Laura M. Nakamura
City of Concord Mayor
cc: Concord City Council
City Manager Jay Wilverding
Assistant City Manager Justin Ezell
Community Relations Manager Colleen Awad
Concord City Clerk Joelle Fockler

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July 23, 2026
Matt Kelly
Contra Costa Transportation Authority (CCTA)
2999 Oak Road
Walnut Creek, CA 94597
Subject: BART Countywide Wayfinding Improvements Project Letter of Support The City of Concord strongly supports the San Francisco Bay Area Rapid Transit District's (BART) Countywide Station Wayfinding Improvements project (Project), submitted for funding through the Contra Costa Transportation Authority Coordinated Call for Projects program. This investment represents a critical step toward making public transit more accessible, intuitive, and welcoming for all riders in Contra Costa County.

Contra Costa County BART stations serve as essential multimodal hubs, connecting BART with Tri Delta Transit, County Connection, and Alameda Contra Costa Transit bus services. Despite their central role in the regional transit network, these stations' existing access signage and wayfinding infrastructure is outdated, faded, and inconsistent with Regional Mapping & Wayfinding Standards.

The Project will address this gap by delivering comprehensive signage improvements that transform how riders find their way to, from, and through at the Downtown Concord and the North Concord/Martinez BART Stations.

Upgraded vehicular, bicycle, pedestrian, and transit wayfinding will clearly identify key facilities and connections, using pictograms and intuitive graphics to improve comprehension for all users, especially those with visual, cognitive, or mobility disabilities. By reducing the confusion and uncertainty that new and infrequent riders often face, this Project removes a persistent barrier to growing and retaining transit ridership.

Just as importantly, this Project advances implementation of the Regional Mapping and Wayfinding Standards across the Bay Area's 27 transit agencies, helping create a more consistent, legible transit experience—one that will bring meaningful, lasting benefits to riders in Contra Costa County and throughout the region.

We respectfully urge CCTA to award funding to this project and look forward to seeing its benefits realized for riders at these stations and beyond.

Sincerely,
Laura M. Nakamura
City of Concord Mayor
cc: Concord City Council
City Manager Jay Wilverding
Assistant City Manager Justin Ezell
Community Relations Manager Colleen Awad
Concord City Clerk Joelle Fockler

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August 6, 2026
Tim Haile
Executive Director
Contra Costa Transportation Authority
2999 Oak Road, Suite 100
Walnut Creek, CA 94597
Re: Support and Partnership Commitment for the Countywide Smart Signals, Phase 2 Project Dear Mr. Haile:

On behalf of the City of Concord, I am pleased to support the Contra Costa Transportation Authority’s request for One Bay Area Grant Cycle 4 (OBAG 4) funding for the Countywide Smart Signals, Phase 2 Project. The project would implement innovative traffic signals and intersection upgrades along routes of regional significance and other principal arterials throughout Contra Costa County, including locations within the City of Concord.

Phase 2 would build upon the improvements being implemented at 365 intersections through the Countywide Smart Signals, Phase 1 Project. This continued investment is important because many traffic signals throughout Contra Costa County rely on outdated systems or lack the communications infrastructure needed to coordinate signals effectively across local roads and jurisdictional boundaries.

OBAG 4 funding would enable additional intersections to be upgraded with smart-signal technology that can improve signal coordination and traffic flow, reduce congestion and emissions, prioritize transit and emergency vehicles, and enhance safety for pedestrians, bicyclists, and people with limited mobility. The project would also expand the use of detection and analytics technology to identify potential conflicts and support the exchange of real-time transportation information.

The City of Concord commits to participating in the Countywide Smart Signals, Phase 2 Project as a project partner and coordinating with CCTA throughout project development and implementation and commits to providing matching funds in support of the project. The amount and timing of the matching contribution will be coordinated with CCTA as the project scope and funding plan are finalized.

The City of Concord strongly supports this important countywide investment and respectfully encourages favorable consideration of CCTA’s OBAG 4 funding request for the Countywide Smart Signals, Phase 2 Project.

Sincerely,
Laura M. Nakamura
City of Concord Mayor
cc: Concord City Council
City Manager Jay Wilverding
Assistant City Manager Justin Ezell
Community Relations Manager Colleen Awad
Concord City Clerk Joelle Fockler

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July 31, 2026
The Honorable Buffy Wicks, Chair
Assembly Appropriations Committee
1021 O Street, Suite 8220
Sacramento, CA 95814
The Honorable Anamarie Ávila Farías
California State Assembly
State Capitol
Sacramento, CA 95814
RE: SB 1164 (Cervantes) – OPPOSE UNLESS AMENDED
Dear Chair Wicks, Assemblymember Farías, and Members of the Assembly Appropriations Committee:

On behalf of the City of Concord, we respectfully urge you to oppose SB 1164 unless it is amended to address the significant fiscal and administrative impacts the bill would impose on California cities.

The City of Concord supports the fundamental goal of protecting voting rights and ensuring that every resident has equitable access to the democratic process. However, SB 1164, as currently drafted, creates substantial legal uncertainty while significantly increasing financial exposure for local governments that have acted in good faith to comply with the California Voting Rights Act.

Like many California cities, Concord is operating in an increasingly difficult fiscal environment. Rising personnel costs, infrastructure needs, unfunded mandates, and growing demands for essential public services require the City to carefully prioritize every public dollar. New litigation risks and administrative obligations that cannot be accurately budgeted reduce our ability to invest in core municipal services, including public safety, road maintenance, parks, homelessness response, and other services our residents depend upon.

SB 1164 would substantially increase these risks.

The bill introduces new causes of action for voter suppression and voter dilution without providing objective standards for compliance. Key terms remain undefined, leaving cities without a clear understanding of what actions satisfy the law before litigation is initiated. Rather than creating certainty, the bill shifts fundamental policy questions to the courts while exposing local governments to repeated legal challenges.

Of particular concern is the bill's expansion of litigation exposure for jurisdictions that have already undertaken significant efforts and expense to comply with the California Voting Rights Act. Concord, like many cities throughout California, has invested considerable public resources to ensure compliance with existing election laws. SB 1164 would remove meaningful protections for those good-faith efforts and expose cities to additional litigation despite prior compliance.

The fiscal consequences are substantial. Cities could face:
• Increased attorneys' fees and litigation expenses;

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• Additional expert witness and demographic analysis costs; • Repeated redistricting efforts;
• Expanded public outreach and election administration requirements; • Increased staff time devoted to compliance and responding to litigation; and • Ongoing uncertainty regarding future election practices.

Unlike many discretionary expenditures, litigation costs cannot be planned for or deferred. Every dollar spent defending lawsuits or responding to uncertain legal standards is a dollar unavailable for neighborhood improvements, public safety, economic development, and essential municipal services.

The League of California Cities has similarly concluded that SB 1164 significantly expands litigation exposure, removes important legal protections for cities acting in good faith, creates uncertain compliance standards, and imposes substantial fiscal and administrative burdens on local governments. These concerns are particularly relevant to the Assembly Appropriations Committee's review of the bill's fiscal impacts.

The City of Concord respectfully requests that the Legislature amend SB 1164 to provide clear compliance standards, preserve meaningful opportunities for jurisdictions to cure alleged violations before litigation, and restore appropriate safeguards that reduce unnecessary litigation while continuing to protect voting rights.

Absent these amendments, SB 1164 creates significant and ongoing fiscal liabilities for California cities at a time when local governments are already facing considerable budgetary pressures. These increased costs will ultimately be borne by local taxpayers and reduce the resources available to provide essential services.

For these reasons, the City of Concord respectfully urges the Assembly Appropriations Committee and Assemblymember Anamarie Ávila Farías to oppose SB 1164 unless amended.

Thank you for your consideration.

Sincerely,
Laura M. Nakamura
City of Concord Mayor
cc: Concord City Council
City Manager Valerie Barone
Assistant City Manager Justin Ezell
Community Relations Manager Colleen Awad
Concord City Clerk Joelle Fockler
League of CA Cities, East Bay Division Sam Brightman
Meg Desmond, League of California Cities, [email protected]

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August 6, 2026
Contra Costa Transportation Authority Board of Directors Attn: Coordinated Call for Projects
2999 Oak Road, Suite 100
Walnut Creek, CA 94597
RE: Support for the City of Concord's Clayton-Galindo-Monument Multimodal Safety and Connections Project
Dear CCTA Board Members:

As Mayor of the City of Concord, I am pleased to express my strong support for the City’s application through the Contra Costa Transportation Authority’s Coordinated Call for Projects for the ClaytonGalindo-Monument Multimodal Safety and Connections Project.

This project will provide a separated Class I shared-use path on Clayton Road between Ellis Street and Grant Street and targeted pedestrian and bicycle safety improvements along the Clayton Road, Galindo Street, and Monument Boulevard corridors.

Key project elements include a new signalized pedestrian and bicycle crossing at Monument Boulevard and Lacey Lane, passive pedestrian and bicycle detection with activated warning signs at nine signalized intersections, and reconfiguration of the Monument Court right-turn slip lane. The project also includes pedestrian-scale lighting, traffic signal improvements, striping, and Americans with Disabilities Act accessibility upgrades.

These corridors provide critical connections among the Monument community, downtown Concord, Concord BART, schools, parks, businesses, health care, community services, transit stops, and regional trails. However, high-stress intersection conditions, long crossings, turning-vehicle conflicts, and gaps in the low-stress bicycle and pedestrian network discourage many residents from walking or bicycling for everyday trips.

The proposed improvements will increase visibility, provide more predictable crossings, reduce conflicts between turning vehicles and vulnerable roadway users, and create facilities that can be used comfortably by children, older adults, people with disabilities, transit riders, and less-confident bicyclists.

The project will also strengthen connections between the Monument community and downtown Concord.

These areas contain some of the City’s most important commercial, civic, transit, and community destinations and serve many households that rely on walking, bicycling, rolling, and public transportation.

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The Clayton-Galindo-Monument project directly advances Concord’s Vision Zero, Complete Streets, accessibility, transportation equity, public health, economic development, and sustainability goals. It packages complementary improvements into a coordinated project that addresses safety and connectivity at a network level rather than through isolated treatments.

This project is an essential investment in a safer, more connected, and more equitable transportation system for Concord and Contra Costa County.

Sincerely,
Laura M. Nakamura
City of Concord Mayor
cc: Concord City Council
City Manager Jay Wilverding
Assistant City Manager Justin Ezell
Community Relations Manager Colleen Awad
Concord City Clerk Joelle Fockler

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August 6, 2026
Contra Costa Transportation Authority Board of Directors Attn: Coordinated Call for Projects
2999 Oak Road, Suite 100
Walnut Creek, CA 94597
RE: Support for the City of Concord's Cowell Road Class I Path Project Dear CCTA Board Members:

As Mayor of the City of Concord, I am pleased to express my strong support for the City’s application through the Contra Costa Transportation Authority’s Coordinated Call for Projects for the Cowell Road Class I Path Project.

The project will construct approximately one mile of separated Class I shared-use path along Cowell Road between Monument Boulevard and Concord Community Park at St. Francis Drive. The project will connect the existing Class I facility on Monument Boulevard with the Contra Costa Canal Trail and will include supporting pedestrian, accessibility, driveway, crossing, and intersection improvements.

Cowell Road currently presents significant barriers for people walking, bicycling, and rolling. The corridor serves residential neighborhoods and provides access to Concord Community Park, Krueger Fields, nearby schools, community facilities, transit, and the regional trail system. However, gaps in the sidewalk and bicycle networks and uncomfortable crossing conditions make many of these destinations difficult to reach without a vehicle.

The proposed improvements will create a safer and more comfortable route for people of all ages and abilities. By closing sidewalk gaps, installing accessible curb ramps, improving crossings, and reducing conflicts at driveways and intersections, the project will make active transportation a more realistic option for everyday trips.

The project will also strengthen Concord’s broader low-stress transportation network. Connecting the Monument Boulevard path with the Contra Costa Canal Trail will expand access among neighborhoods, parks, downtown Concord, Concord BART, schools, businesses, and community destinations.

This project advances the City’s adopted goals related to Vision Zero, Complete Streets, accessibility, Safe Routes to School, public health, transportation equity, and greenhouse gas reduction. It represents an important opportunity to convert prior planning and community input into a tangible, implementable improvement.

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This investment will provide lasting safety, mobility, and quality-of-life benefits for Concord residents and the broader Contra Costa community.

Sincerely,
Laura M. Nakamura
City of Concord Mayor
cc: Concord City Council
City Manager Jay Wilverding
Assistant City Manager Justin Ezell
Community Relations Manager Colleen Awad
Concord City Clerk Joelle Fockler

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6.g

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