Concord City Council
September 8, 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
September 8, 2026
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA, various telephonic/electronic locations indicated below.

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.

HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.

2 2. REMOTE: The public may participate and provide public comment remotely as follows:
a. Zoom: https://cityofconcord.zoom.us/j/83981894316?pwd=5ZxRreJ4Xf0LO8MwYb- 3j7vpKHNyKg.sjskKD9AJvc-RQ4t or Zoom Webinar ID: 839 8189 4316 and Passcode:
227856
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 its 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. of the meeting date at [email protected]).

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

1. distributed to the Council before the meeting,

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

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

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

OPEN SESSION

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

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

State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Submit Public Comments” above a. Written Public Comment
b. Written Correspondence Received after 3 p.m.

3. PRESENTATIONS
a. Presentation – recap and recognition of the 4th of July in the City of Concord by Tim McGallian, Greater Concord Chamber of Commerce. Introduction by Mayor Nakamura.

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

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 If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – approval of minutes from the August 25, 2026, Regular Meeting. Recommended by the Interim City Clerk.
b. Considering – adoption of Ordinance No. 26-2 entitled, "An Ordinance Amending the Concord Municipal Code Title 3 Revenue and Finance, Chapter 3.10 (Purchasing)." Ordinance No. 26-2 introduced on August 11, 2026, by reading of the title only and waiving further reading. Recommended by the Interim City Clerk.

CEQA: Exempt/not a project pursuant to Public Resources Code Sections 21065, 21080(b)(5), CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15270, and/or 15378.
c. Considering – a recommendation from the Council Committee on Housing and Economic Development to amend a license agreement with Pacific Plaza Imports, Inc., increasing the temporary right to park by an additional five vehicles at the City of Concord Civic Center Parkside Drive parking lot; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. Recommended by the Director of Economic Development and Base Reuse.

CEQA: Exempt/not a project per CEQA Guidelines Sections 15060(c)(2), 15378, 15061(b)(3), and/or 15300.2.
d. Considering – amending Agreement No. 3447 with R3 Consulting, Inc. to provide additional solid waste professional and technical services, increasing the contract amount to an amount not to exceed $160,000; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (General Fund). Recommended by the Director of Public Works.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15262, 15273, 15378, and/or Public Resources Code Sections 21065 and 21080(b)(8).
e. Considering – adoption of a Resolution authorizing a non-financial reciprocal agreement with the California Franchise Tax Board for Exchange of Business License Tax Data and authorizing the Director of Finance to execute a non- financial reciprocal agreement with the California Franchise Tax Board (“FTB”) for the exchange of business license tax data for a term beginning January 1, 2027, or the date of adoption of this resolution, whichever is later, through December 31, 2029, subject to approval by the City Attorney.

Recommended by the Director of Finance.
5 f. Considering – adoption of a Resolution accepting and appropriating grant funding from the California Office of Traffic Safety (OTS) in the amount of $270,000 for Select Traffic Enforcement Program and appropriation of funds and approval for use for the City’s Selective Traffic Enforcement Program (Project No. 27037). 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)(3).

5. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to Regional Director, U.S. Economic Development Administration, re:

Support for the Local Advanced Manufacturing and New Commercial Hub - LAUNCH - August 25, 2026.
b. Letter to Honorable Quirk-Silva re: AB 956 (Auirk-Silva) Accessory Dwelling Units: Ministerial Approval: Single-Family Dwellings Notice of Opposition (as of 5/27/26) - August 27, 2026.
c. Letter to Assemblymember Wilson re: AB 1621 (Wilson) Planning and Zoning Law: Post-entitlement Phase Permits: Housing Accountability Act. Notice of Opposition (as of 6/3/26) - August 27, 2026.
d. Correspondence Received at Meeting from Lupe Tolento.

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

7. ADJOURNMENT
Next Meeting: Special Meeting
Date: 9/22/2026 5:30 PM
6 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.

From: Amy Goodspeed <[email protected]>
Sent: Tuesday, September 1, 2026 10:41 AM
To: City Clerk <[email protected]>
Subject: Public Comment for September 8, 2026 city council Meeting September 1, 2026

To Whom It May Concern:

I respectfully urge the City of Concord to refuse to support ICE staging or immigration enforcement operations on City property and to protect the privacy and trust of all residents.

In addition, the City of Concord should develop a clear protocol, in partnership with community members, for responding to immigration enforcement operations. The people most affected by these policies deserve a voice in creating them. Any policies involving immigration enforcement, cooperation with outside agencies, or information sharing should be developed transparently and with meaningful public participation.

Concord is home to many longtime residents who are not United States citizens. We have worked beside them, raised our families alongside them, and benefited from their friendship and contributions to our community. They are part of our community, not strangers or criminals, and should not be treated as such.

We should not stand by while members of our community live in fear of being separated from their families and placed in detention. The current enforcement actions raise serious human rights concerns, and we cannot ignore their impact on our families and neighborhood.

The City of Concord should be a place where everyone feels safe, and our local government should uphold the dignity, safety, and humanity of all who call Concord home.

Agenda Item No. 2.a
Written Public Comment
September 8, 2026

2.a2.a

Sincerely,
Amy Goodspeed
Economy Medical | Lifestyle Mobility
O: (925) 671-4800
F: (925) 686-3580
2355 Whitman Road, Suite F
Concord, CA 94518-2542
[email protected]
lifestylemobility.com

From: betsey dale <[email protected]>
Sent: Thursday, September 3, 2026 8:37 PM
To: City Clerk <[email protected]>
Subject: Re: FOR PUBLIC COMMENTS ON 9/8 COUNCIL MEETING CONCORD CITY COUNCIL MEMBER:

I live in the city of Martinez but I do a lot of my shopping in Concord. Now that the government has shut down the immigration court in San Francisco, the Concord immigration center will have increased activity with fewer judges. I see this as a dilemma and a potential travesty.. What I haven't observed is that the Concord city Council has not addressed this problem and what you and your colleagues are planning to do about it.I am really concerned about this. So here is a proposal that I feel should be adopted, and only if the community agrees to it:
1) Prohibit ICE from staging on city property

2) Update and strengthen prohibitions on data sharing and non-cooperation policies in compliance with statewide law SB 580 and in a way that includes public participation. 3) Develop a public communications protocol in collaboration and partnership with the community, to assure public safety and reduce misinformation during immigration enforcement operations.
4) Create a standing committee to allow the city and Community to respond to this evolving crisis together! A standing committee gives the opportunity for the conquered city council to be in dialogue with the impacted community members, businesses, and concerned residence. The workings of this committee should be regular, transparent, and accessible to impacted residents.

Please do not keep any of us in the dark of your plans as I would like to encourage you that you represent a very large population. Everyone should have a say so.

I thank you for this opportunity to address all of you and definitely look forward to what you and the people of Concord decide upon.

My best to you all.

MARLENE LERNER-BIGLEY
1118 Brown Street
Martinez, CA 94553
Agenda Item No. 2.a
Benched Written Public Comment
September 8, 2026

From: GWYNNE GILSON <[email protected]>
Sent: Tuesday, September 8, 2026 1:20 PM
To: City Clerk <[email protected]>
Subject: Public comment for 9/8/26 meeting

Dear Council Members,

Please step up and proactively take steps to protect immigrants. Recent news reports indicate that the federal immigration court in Concord will now be handling HALF of California's cases, now that the San Francisco court has closed. This makes Concord a prime target for a future ICE surge similar to others that have happened around the country this year.

Don't wait until an ICE surge is underway. The local immigrant support community is ready and waiting to support the city council in protecting vulnerable residents and immigrants reporting for court hearings in Concord.

These are the priority asks:

1. Prohibit ICE from staging on city property.

2. Update and strengthen prohibitions on data-sharing and noncooperation policies in compliance with statewide law SB580 and in a way that includes public participation.

3. Develop a public communications protocol in collaboration and partnership with the community, to assure public safety and reduce misinformation during immigration enforcement operations.

4. Create a standing committee to allow the city and community to respond to this evolving crisis together. A standing committee gives the opportunity for City Council to be in dialogue with impacted community members, businesses, and concerned residents. The workings of this committee should be regular, transparent, and accessible to impacted residents.

Please agendize a public discussion of the above points, including how the city will comply with SB 580, as soon as possible.

Thank you,

Gwynne Gilson
Concord Resident

From: monica williams <[email protected]>
Sent: Tuesday, September 8, 2026 1:47 PM
To: City Clerk <[email protected]>
Subject: SB 580 Tonight's Zoom meeting

Dear Members of the Concord City Council,
My name is Monica Williams. I live in Pleasant Hill, but Concord is where I spend most of my days — I co-direct a Music Studio here, and as someone who works, shops, and does business in Concord, I have a direct stake in tonight's decision.

I live a five-minute walk from the Sun Valley Shopping Center (concord) , and there is a Flock camera at the corner of my street that I pass every single day. Knowing that this kind of surveillance data could be shared with ICE without clear, enforceable limits is not an abstract policy question for me — it's something I think about on my own block, on my own walk to work.

As a music teacher, I also hear directly from my students. Kids and teens in this community have told me they do not feel safe — not in the abstract, but in very concrete ways that affect whether they show up, focus, and feel like they belong here. That fear has a real cost, and it's one this Council has the power to reduce.

I'm asking the Council to act on the following priorities tonight:

1. Prohibit ICE from staging on city property.

2. Update and strengthen prohibitions on data-sharing and noncooperation — including for Flock and similar surveillance data — in compliance with SB 580, and do it with public participation built in.

3. Develop a public communications protocol, in partnership with the community, to protect public safety and reduce misinformation during immigration enforcement operations.

4. Create a standing committee so the city and community can keep responding to this evolving situation together, with regular, transparent, and accessible processes.

I'd also urge the Council to think in terms of an ordinance, not just a policy. Policies can be quietly overridden or changed with a new administration; an ordinance gives residents like me something permanent, uniform, and enforceable to rely on. And any final language should close loopholes around contractors and vendors — county and city dollars shouldn't fund vendors who hand over resident data, including camera data, to ICE.

Concord has an opportunity to set a real standard here, not a patchwork of informal practices. I hope the Council will take that opportunity tonight.

Thank you for your time and consideration.

Sincerely,
Monica Williams
Pleasant Hill, CA

From: Trishia Maruri <[email protected]>
Sent: Tuesday, September 8, 2026 2:47 PM
To: City Clerk <[email protected]>
Subject: City Council Mtg: Public Comment

Under the current administration there has been over 50 reported ICE detention deaths and 11 people killed by ICE officers. What actions will the city council take to protect Concord residents, families, visitors and businesses from this modern day gestapo? I ask that you at least do the bare minimum of establishing a plan that puts out community first by implementing CA SB 580 and allowing community input when doing so. Thus far, we haven't seen you take one step towards the right side of history, here's your chance.

From: Rachel Goldstone <[email protected]>
Sent: Tuesday, September 8, 2026 6:26 PM
To: City Clerk <[email protected]>
Subject: Public comment for 9/8 City Council meeting
Dear Concord City Council Members,

I am a lifelong resident of Contra Costa County and frequently shop and participate in activities in Concord. I am deeply distressed by the highly inadequate response of Concord to the treatment of our immigrant neighbors. Concord’s leaders must work with the community to develop a proactive plan to maintain economic well-being, public services and safety for all. No one is safe when ICE is allowed to continue their violent and lawless behavior. We as a community need to stand together to protect ourselves and our neighbors.

The City Council has made their lives more insecure by watering down rent stabilization and eviction protection measures, and increased regulations on street vendors. Other cities have collaborated with impacted communities to increase funding to provide emergency assistance and services, increase reporting to promote transparency and accountability, ended contracts with Flock to stop illegal data sharing, and to take legal action to hold rogue federal agents accountable.

The city must protect us all by codifying the following into a binding ordinance:
• Ensure city resources are not used to assist ICE. This includes City personnel, property and data
• It must prohibit ICE from staging raids on City Property • It must create a collaborative framework for information sharing and public communication in the event of verified ICE activity.
• Additionally the city council should gather robust and ongoing community input on other possible supports such as:
• Emergency financial support for residents and businesses. • Emergency eviction protections during economic disruptions • Eliminate contracts with companies that share sensitive data with immigration agencies.

Thank you for standing up to protect all of us in these dangerous times.

Sincerely,
RG
There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest. Elie Wiesel.

Agenda Item No. 2.a
Correspondence Received after
3 p.m. on September 8, 2026 2.b

REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, AUGUST 25, 2026
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, August 25, 2026, with Mayor Nakamura presiding. The pledge of allegiance was led by Vice Mayor Aliano. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Carlyn Obringer, Laura Nakamura
COUNCILMEMBER ABSENT: Pablo Benavente
STAFF PRESENT: Jay Wilverding, City Manager; Susanne Brown, City Attorney:

Justin Ezell, Assistant City Manager; Monique Robinson, Deputy City Clerk; Jeffrey Lara, Administrative Secretary; Greg Taylor, Director of Information Technology; Steve Voorhies, Director of Recreation Services; Kit Jory, Director of Public Works; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Colleen Awad, Community Relations Manager; Himmat Bains, Senior Financial Analyst; Abhishek Parikh, Deputy Director of Public Works – Transportation; Carlton Thompson, City
Engineer; Deyuanne Lei, Associate Civil Engineer; Alex
Diosdado, City Urban Forester

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Mariana Moore; Robyn Kuslits, Concord; Jon Green, Green Ties; Anthony Mitchell, EcoGreen Solutions; Mollie DeBrie, Concord; Natalie, Concord; Natalia; Hernan Soto, Concord; Addy Olvera, Concord; Anonymous; Monica Williams

PUBLIC COMMENT PERIOD
Mariana Moore, requested a discussion to include community input on protocols regarding SB 580.

Robyn Kuslits, Concord, requested Council to consider implementation provisions regarding SB 580.

Jon Green, Green Ties, provided information on upcoming public workshops.

Anthony Mitchell, EcoGreen Solutions, requested coordination for a meeting with the City to share information about services offered.

Mollie DeBrie, Concord, expressed concerns with Flock surveillance.

Natalie, Concord, spoke on SB 580, requested a moratorium on Data Centers, and requested the reinstatement of the Relations Commission.

4.a

City Council Minutes August 25, 2026
2 Natalia, spoke on SB 580, Flock cameras and requested an ICE-free city.

Hernan Soto, Concord, expressed concerns about safety in the community.

PRESENTATION
PROCEEDS FROM THE 41st MAYOR’S CUP GOLF TOURNAMENT – Concord Junior Giants, First Tee Contra Costa Youth Golf Program, Mt. Diablo Education Foundation, and Concord Recreation Youth Services
Public comment was provided by Ady Olvera, Concord.

CITY COUNCIL CONSENT CALENDAR
APPROVE MINUTES – August 11, 2026, Regular Meeting
A motion was made by Hoffmeister and seconded by Obringer to approve the minutes from the August 11, 2026, Regular Meeting. The motion passed by the following vote of the Council:

AYES: Aliano, Hoffmeister, Nakamura, Obringer NOES: None ABSENT: Benavente RECEIVE TREASURER’S REPORT - April 1 – June 30, 2026
A motion was made by Hoffmeister and seconded by Obringer to receive the Treasurer’s Report for the period of April 1 – June 30, 2026. The motion passed by the following vote of the Council:

AYES: Aliano, Hoffmeister, Nakamura, Obringer NOES: None ABSENT: Benavente APPROVE RENEWAL OF SERVICES AGREEMENT – Peregrine Technologies This item was pulled from consideration on the Consent Calendar by Concord resident Mollie DeBrie.

Public comment was provided by Kristi Locki.

A motion was made by Obringer and seconded by Aliano to approve the renewal of the services agreement with Peregrine Technologies, in a total not-to-exceed amount of $1,317,270, including a 15% contingency, and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by the following vote of the Council:

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

APPROVE PROFESSIONAL SERVICES AGREEMENT - TJKM
A motion was made by Hoffmeister and seconded by Obringer to approve a professional services agreement with TJKM in the not-to-exceed amount of $700,847.15 for civil engineering design and related services for the Citywide Installation and Upgrade of Traffic Signs Project [City Project No. 2796 and Federal Project No. HSIPL-5135(069)] and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by the following vote of the Council:

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

City Council Minutes August 25, 2026
3 City Council Sitting as the Local Reuse Authority Consent Calendar APPROVE PROFESSIONAL SERVICES AGREEMENT – Guardian Security Agency A motion was made by Hoffmeister and seconded by Obringer to approve a professional services agreement for security guard services at the former Concord Naval Weapons Station to Guardian Security Agency in the not-to-exceed amount of $1,050,000 (consisting of $900,000 based on the estimated need for services which includes additional weekend and after-hours security, plus an additional $150,000 should the City require additional services) for the initial term to June 30, 2029, with the option to extend the agreement three additional one year periods in the not-to-exceed amount of $350,000 for each extension term (up to a total amount of $2,100,000) and authorize the City Manger to execute the contract in a form acceptable to the City Attorney. The motion passed by the following vote of the Council:

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

CITY COUNCIL CONSIDERATION ITEMS

APPROVE ARTWORK OF SIX UTILITY BOXES
Alex Diosdado, City Urban Forester, presented the staff report.

No public comment was received.

A motion was made by Obringer and seconded by Nakamura to approve artwork for six utility boxes as Phase IV of the Utility Box Artwork Program located on Clayton Road, Concord Avenue, Concord Boulevard, Cowell Road, Treat Boulevard, and Willow Pass Road and authorize the City Manager to execute the artist agreements in a form approved by the City Attorney. The motion passed by the following vote of the Council:

AYES: Aliano, Hoffmeister, Nakamura, Obringer NOES: None ABSENT: Benavente APPROVE I-680 CORRIDOR RAMP METERING MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF CONCORD AND CONTRA COSTA TRANSPORTATION AUTHORITY (CCTA) Public comment was provided by anonymous.

A motion was made by Hoffmeister and seconded by Obringer to approve the I-680 Corridor Ramp Metering Memorandum of Understanding and authorize the City Manager to execute the MOU in a form acceptable to the City Attorney and direct staff to pursue the outstanding coordination items identified through the I-680 Ramp Metering Technical Committee and Ramp Metering Working Group.

The motion passed by the following vote of the Council:

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

PUBLIC COMMENT CONTINUED
Anna Schoch, Concord, spoke on SB 580.

Addy Olvera, Concord, requested a town hall with the public and implement a plan for SB 580.

Monica Williams, spoke about her students' concerns.

City Council Minutes August 25, 2026
4 CORRESPONDENCE
a. Agenda Item No. 6.a – Letter to Honorable Wicks re: Support for AB 2296 (Papan) – Planning and Zoning: Housing Element: Regional Housing Needs Allocation – August 10, 2026 b. Agenda Iten No. 2.a – Written Public Comment
c. Agenda Item No. 5.a – Concord Utility Box Project PowerPoint Presentation d. Agenda Item No. 5.b – Ramp Metering Memorandum of Understanding PowerPoint Presentation

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

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on August 25, 2026, at 9:36 p.m.

LAURA M. NAKAMURA
MAYOR

MONIQUE ROBINSON

INTERIM CITY CLERK

Ord. No. 26-2 1
ORDINANCE NO. 26-2
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

4.b4.b

Ord. No. 26-2 2
Concord Municipal Code, held a duly noticed public hearing on August 11, 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

Ord. No. 26-2 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. //
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Ord. No. 26-2 4
____________________________________
Laura Nakamura
Mayor
ATTEST:
______________________________________
Monique Robinson
Interim City Clerk
(Seal)
Ordinance No. 26-2 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.

Monique Robinson
Interim City Clerk
Attachment:

Exhibit A – Amended Concord Municipal Code Chapter 3.10, Purchasing

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 1 of 15 Chapter 3.10

PURCHASING
Sections:

3.10.010 Purpose and implementation of article.

3.10.020 Definitions.

3.10.030 Purchasing authority; Public projects – Delegations of authority and generally applicable requirements.

3.10.040 PurchasingGood and services – Delegations of authority; services, supplies and equipment.

3.10.050 General policy; emergency purchasesGoods and services – Procurement process.

3.10.060 Bidding regulations for purchases requiring bids that are not public projectsGoods and services – Local preference.

3.10.070 Formal competitive bids; bidding regulations for purchases over threshold established by City Council Resolution.

3.10.080 Waiver of bidding regulations.

3.10.090 Bid splitting not permitted.

3.10.010 Purpose and implementation of article.

The purpose of this article is to establish a policy to achieve maximum economy and efficiency at the lowest possible cost commensurate with the quality needed in the purchase or sale of suppliesgoods, services, and equipmentpublic projects, to includeset forth bidding regulations and the disposal of surplus materials,; and to definedelegate the authority for the purchasing and contracting function.functions in accordance with state law.
(Code 1965, § 2311; Code 2002, § 2-641. Ord. No. 1001; Ord. No. 11-9) (a) All contracts shall be in writing.
(b) The City Attorney shall approve as to form, all contracts (excluding purchase orders), insurance, faithful performance bonds, and labor and materials bonds executed pursuant to this Chapter.

Exhibit A to Attachment 1

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 2 of 15 (c) The original of all contracts entered into by the City, including public projects, goods, and services, but excluding purchase orders and legal services agreements, shall be provided to and retained by the City Clerk’s Office.
(d) Any procurement of goods or services or award of a public project made in violation of the procedures set forth under this chapter, policies adopted by resolution, or any policy created by the Purchasing Officer in accordance with this chapter shall be void and not an obligation of the City.

3.10.020 Definitions.

For purposes of this article, unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this section:

Bid. A solicitation made by the city to potential vendors requesting costs to provide services, supplies or equipment to the city. A bid may be classified as “formal” or “informal.” City Manager. The City Manager of the City of Concord or their designee.

Contract. A written agreement between the City and a vendor or contractor to providecomplete a public project or obtain goods, supplies, equipment, and/or services. The terms “contract” and “agreement” are synonymous. The term “contract” includes, but is not limited to, a purchase order, a contract for services, an addendum or change order, a letter agreement, or a memorandum of understanding.

Contractor. Any person who has entered into a contract with the City for the completion of a public project or the provision or disposition of goods and/or services.

Cooperative Purchasing. A combining of the needs of multiple governmental agencies into a single solicitation of bids.

Emergency. A sudden, unforeseen occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss of impairment of life, health property, or essential public services.

Design-build. A procurement process in which both the design and construction of a public project are procured from a single entity or team.

Emergency. For the purchasing of goods and services, emergency shall be defined as any event set forth in the Government Code § 8558 or Concord Municipal Code § 2.30.020, and for awarding public projects it shall have that meaning set forth in Public Contract Code § 1102.

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 3 of 15 Equipment. Any and all articles and tangible property furnished to or used by the City. Includes, but is not limited to, all equipment, tools, furnishings, and fixtures.

Force account. Work performed on public projects using internal resources, including but not limited to City employees, equipment, materials, supplies, and subcontracts.

Formal Bid. Procurement. A procedure to solicit bids requiring a written document officially noticed and distributed as widely as possible with specific instructions regarding due date and format for written response. A formal bidprocurement is usually used for more expensive and more complicated purchases.

Goods. Tangible, movable, and physical products, including supplies and equipment.

Informal Bid. Procurement. A procedure by which the City can solicit cost quotes for less complicated and less expensive purchases. The informal bidprocurement may be solicited either in writing or orally, though the documentation of the results is written.

Maintenance work. Maintenance work as defined by Public Contract Code § 22002(d).

Master professional services agreement. A master professional services agreement is An agreement for professional services with a single person or entity that performs a variety of professional services over the course of the term of the agreement by issuance of Task Orders. Such agreements shall not be in an amount less than $100,000 for the term of the agreement and shall be approved by the City Council.

Piggyback contract. A contract entered into by means of placing a purchase order based on an existing contract of . A purchase made from a vendor where a competitive procurement has already been completed by another publicgovernment agency. or purchasing cooperative.

Price. Obtaining, with competition from vendors and contractors, the best value possible for the quality and quantity needed, the service required, the service to be rendered, and the delivery date.

Procurement. The acquisition of goods and/or services by the City, including but not limited to purchasing or leasing thereof, and all functions and procedures pertaining to such acquisitions.

Professional services. Services which involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experiences. Such services include but are not limited to the services of appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians, and other specialized consultants.

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 4 of 15 Purchasing Officer. Consistent with Concord Municipal Code § 2.10.140(6), the City Manager shall serve as the Purchasing Officer and has the authority to delegate those duties, including any authority provided to the Purchasing Officer by this Chapter, to any City employee(s). Any such delegation shall be documented in writing.

Public project. Those activities defined by Public Contract Code § 22002 as a “public project”, as amended from time to time.

Quality. A quality achieved through appropriate specifications and inspection of supplies and services received for conformance to specifications.

Quantity. The result of evaluating a combination of the factors of consumption, delivery schedules, and prices.

Services. Any work performed or services rendered by an independent contractor, with or without the furnishing of materials. Includes labor and other services, exceptincluding maintenance work as defined by Public Contract Code § 22002(d). Services as used in this Chapter do not include employment contracts pursuant to a budget-authorized position.

Supplies. Any and all consumable articles and tangible property furnished to or used by the City. Includes all supplies and materials.

UPCCAA. The Uniform Public Contract Cost Accounting Act (California Public Contract Code § 22000 et seq.)
Value. A concept to be applied in determining the lowest responsive bidderrespondent or proposer, which includes price, quality, quantity, and the ability of the bidder or proposer to perform the contract or order and to provide future maintenance or repairs.
(Code 1965, § 2312; Code 2002, § 2-642. Ord. No. 1001; Ord. No. 92-9; Ord. No. 98-3; Ord. No. 11-9)

3.10.030 Purchasing Public projects – Delegations of authority; and generally applicable requirements.

Public projects, shall be let to contract utilizing those procedures (formal, informal, or negotiated contract/force account) set forth in the Public Contract Code, and more specifically UPCCAA as applicable, based on those monetary limits set forth in Public Contract Code § 22032, as amended from

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 5 of 15 time to time. The City shall utilize UPCCAA’s procedures unless and until Council adopts a resolution suspending the City’s participation in UPCCAA and notifies the UPCCAA Commission of that decision. (a) Delegations of authority.
(1) Bid documents. The City Engineer and City Manager are each independently vested with the authority to adopt plans, specifications, and working details for all public projects, which shall include the authority to modify any plans, specifications, and working details initially approved by Council.
(2) Submittal of bids. Informal bids shall be submitted at the time and place prescribed in the bidding notice. If bids are submitted electronically, the system shall comply with Public Contract Code § 1601. The City Clerk shall retain submitted bid bonds, cash or cashier’s checks in lieu of a bid bond.

The City Council authorizes and approves the following bidding procedures for Public Projects:
(1) Informal and formal bidding procedures. Public Projects, as defined by Public Contract Code § 22002 and in accordance with the monetary limits described in Public Contract Code § 22032 as amended from time to time by the California Uniform Construction Cost Accounting Commission (hereby further referred to as Commission) shall be let to contract by procedures described in Public Contract Code § 22030 et seq., unless Commission notified of suspension by City Resolution. (2) Procedures not established by the California Uniform Construction Cost Accounting Act (Act). When the Act does not establish a procedure for bidding Public Projects, the procedure described in Public Contract Code § 20160 et seq. shall govern.
(3) Award to low bidder; no bids. Allof informally-bid contracts must be awarded. The City Manager is authorized to award and execute informal contracts as defined in Public Contract Code § 22032 to the lowest responsive bidder. If two (2) or more bids are the same and lowest, the cityresponsible bidder.
(4) Execution of agreements. The City Manager may accept the one it chooses. When no bids are received, the city may perform Public Projectsexecute all agreements associated with public projects within the authorities delegated by this Chapter or approved directly by Council.

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 6 of 15 (5) Rejection of bids; re-solicitation; use of city employees. The City shall follow those procedures set forth in Public Contract Code § 22038 for the rejection of bids. The City Manager is authorized to reject all bids received in response to a bid process.

After rejecting the bids, which shall include written notice to all bidders, the City Manager may:
a. Abandon the project;
b. Re-advertise the project; or
c. Perform the work with city employees, after adoption of a Resolution by a four-fifths (4/5) majority vote of the Council declaring that the project can be performed more economically by City employees.
(6) No bids. If no bids are received through a the formal or informal bid process, the project may be performed by the employees of the City by force account, or negotiated contract, with award of any contract without further complying with this Articlein excess of the informal bid limit to be approved by the Council.
(4) (7) Recording notices. The City Engineer shall have the authority to record a Notice of Completion or Notice of Cessation in connection with any public project. (b) Informal bidding. Public projects, as defined by UPCCAA and within the dollar thresholds listed in California Public Contract Code § 22032, as amended from time to time, may be let to contract by informal procedures as set forth in §§ 22032, et seq., of the Public Contract Code. (1) Notice inviting informal bids. When a public project which is anticipated to fall within the monetary limits of informal bids described in Public Contract Code § 22032 22032 (as amended from time to time by the Commission) is to be performed, the City shall prepare a notice of the opportunity to bid which describes the project in general terms, states the time and place for the submission of bids, and describes how to obtain more detailed information about the project. The City shall mail the notice tonotify all construction trade journals as specified by the Commission in accordance with Public Contract Code § 22036 22036. Other contractors and/or construction trade journals may also be notified at the

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 7 of 15 discretion of the department soliciting bids. MailingNotification shall be completed at least ten (10) days before bids are due.
(5) Submittal of informal bids. Informal bids shall be submitted to the City Clerk at the time and place as stated in the call for bids2) . The City Clerk shall retain submitted bid bonds, cash or cashier’s checks in lieu of a bid bond.
(6) Award of informally-bid contracts. The City Manager is authorized to award informal contracts as defined in Public Contract Code § 22032, except those described in subsection (13). Following award of informal contracts, the successful bidder shall submit all required bonds and insurance documents to the City Clerk. The City Clerk shall release bid bonds, cash or cashier’s check in lieu of bid bond, to the unsuccessful bidder(s) following award of contract to the successful bidder. (7) Bids exceeding informal bidding limit. If all informal bids received exceed the monetary limits prescribed for informal bids as described in Public Contract Code § 22032 22032 (as amended from time to time by the Commission) and the City determines that the cost estimate was reasonable, the City may award the contract at up to the limit described in Public Contract Code § 22034 22034, subdivision (fd), by a resolution approved by a four- fifths (4/5) vote of the City Council.
(8) Bid documents
(c) Formal bidding. The formal bidding procedures for formal bids. The City Councilpublic projects shall adopt plans, specificationscomply with all aspects of state and working details for all Public Projectslocal law.
(1) Notice inviting formal bids. When a public project which areis anticipated to fall outsideexceed the monetary limits offor informal bids asbidding described in Public Contract Code § 22032 (as amended from time to time by the Commission). 22032 (as amended from time to time by the Commission) is to be performed, the City shall comply with those procedures set forth in Public Contract Code § 22037. (9) Notice inviting formal bids. When a Public Project which is anticipated to fall outside the monetary limits on informal bids described in Public Contract Code § 22032 (as amended from time to time by the Commission) is to be performed, the city shall publish a notice inviting formal bids in a newspaper of general circulation as described in Public Contract Code § 22037. The notice shall also be mailed to all construction trade journals as specified by the Commission in accordance with Public Contract Code § 22036. Other contractors and/or construction trade journals may also be notified, at the discretion of the department soliciting bids. Mailing shall be completed at least thirty (30) days before bids are due.

Formal bids shall be submitted to the City Clerk at the time and place as stated in the call for bids.

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 8 of 15 (10) Proprietary product or service. Notwithstanding subsections (3) and (6), if the product or service is proprietary in nature, such that it can be legally obtained only from a certain contractor(s) pursuant to Public Contract Code § 3400, the notice inviting informal bids may be sent exclusively to such contractor(s).
(11) Contracts for maintenance and other work. Contracts for Maintenance, as defined by Public Contract Code § 22002, and for any other work which does not fall within that section’s definition of Public Projects, may be bid pursuant to the informal bidding procedures described in subsection (4) and the formal bidding procedures described in subsection (8). (12) Rejection of bids; re-solicitation; use of city employees. If the city intends to reject all bids, all bidders must be mailed a written notice of the City’s intent to reject all bids at least two (2) business days prior to the hearing at which the bids will be considered.

After rejecting the bids, the city may:
a. (2) Plans and specifications. Formal bids shall include plans and specifications documenting the work to be completed.
(d) Abandon the project;
b. Re-advertise the project; or
c. Perform the work with city employees, after adoption of a Resolution by a four-fifths (4/5) majority vote of the City Council declaring that the project can be performed more economically by city employees.
(13) Emergency procedures. When an emergency necessitates repair or replacement, contracts shall be awarded pursuant to the procedures described in Public Contract Code §§ 22035 and 22050. 22035 and 22050. If federal funds are to be utilized or reimbursement will be sought from the federal government in connection with the public project, City staff shall consult and work to comply with applicable federal procurement requirements (e.g. Title 2 of the Code of Federal Regulations, Part 200; FEMA Public Assistance Program and Policy Guide) as appropriate to facilitate maximum financial recovery by the City. (14) Uniform cost accounting procedures. e) Force account work, including the use of the City’s own forces (CUPCCAA). Whenever the City uses its own employees to perform a public works or maintenance project valued at more than the monetary limit onbecause the work is either below the informal bidding described inbid thresholds or pursuant to a determination by the City Council under Public Contract Code § 22032 (as amended from time to time by the Commission) it must 22038(a)(2), City staff shall implement the Uniform Construction Cost Accounting Policies and Procedures described in

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 9 of 15 Public Contract Code § 22042 et seq. 22042 et seq. and the Commission’s policies and procedures manual.
(Code 1965, § 2313; Code 2002, § 2-643. Ord. No. 1001; Ord. No. 89-8; Ord. No. 92-9; Ord. No. 07-4; Ord. No. 11-9)

3.10.040 Purchasing authority; services, supplies and equipment. (a) (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 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.
(g) Contracts for maintenance and other work. Contracts solely for maintenance work, as defined by Public Contract Code § 22002(d), do not constitute public projects, but may be bid pursuant to any bidding procedures described in this chapter, obtained by any other procurement method determined by the Purchasing Officer including, but not limited to, requests for proposals or direct contracting, or be performed by force account.

3.10.040 Good and services – Delegations of authority.
(a) Authority of the Purchasing Officer. The city shallPurchasing Officer is hereby delegated the authority to promulgate procedures, regulations, and guidelines to aid in the implementation of this Chapter and Council adopted regulations. The City Council shall further establish the minimum threshold over which , by resolution, the Purchasing Officer’s authority to award and execute contracts for goods and services without City Council approval is required. This amount shall be established by resolution on an annual basis.
(b) . City Council approval shall be required for all purchases of supplies, equipment and professionalgoods, services, consulting, and other services contracts which provide for remuneration exceedingexceed the amount established in accordance with subsection 3.10.040(a) to the same vendor within any fiscal year regardless of funding source or type of serviceby resolution, with the following exceptions:
(1) (1) Purchasing in response to an Emergency. Consulting or professional services contracts necessitated by an emergency may be approved and executed by the City

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 10 of 15 Manager or his designee. Such contracts shall be presented for Council confirmation following City Manager approvalpursuant to Policy and Procedure 176 adopted by this Council.
(2) Legal Services. Legal services for prosecution or defense of claims or lawsuitsagreements may be authorized and executed by the City Attorney. The City Attorney will notify or designee.
(b) Delegation by the City Council following retention of litigation counsel.

All professional service contracts, consulting contracts, and other services contracts not subject to the preceding exceptions exceeding the amount established in accordance with subsection 3.10.040(a) shall be by agreement only.
(c) The City Manager serves as Purchasing Officer of the city, and subject to subsections (a) and (b) of this section and the availability of funds, may award and execute any contract or purchase order for supplies, services, or equipment, or any combination thereof, may declare supplies or equipment as surplus and may assign . The Purchasing Officer may delegate and assign the following purchasing duties to other City employees., as set forth below.
(1) The Purchasing Office may delegate and/or assign to other city employees authority to:
a. Solicit bidsproposals as necessary;
b. (2) Execute purchase orders for goods and services, subject to the limitations of subsection (a) of this section; and
c. (3) Sell, trade in, or otherwise dispose of supplies or equipmentgoods, declared to be surplus or obsolete appropriate to the circumstances. The sale or donation of surplus personal property to a governmental, public, quasi-public, or charitable agency may be made without sale in the open market. Surplus goods or equipment with no salvage value, as determined by the Purchasing Officer or designee, may be disposed of in a manner that salvages recyclable components, if practical.
(d) The City Attorney shall approve as to form and content, all contracts (excluding purchase orders), insurance, faithful performance bonds, and labor and materials bonds. (e) The Director of Finance, or designated representative, shall endorse upon all contracts, purchase orders, or other applicable documents indicating that funds are available to support the expenditure.

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 11 of 15 (f) The original of all contracts entered into by the city, fee class instruction contracts, and employment contracts, shall be provided to and retained by the City Clerk’s Office. (Code 1965, § 2314; Code 2002, § 2-644. Ord. No. 1001; Ord. No. 11-9; Ord. No. 89-8)

3.10.050 General policy; emergency purchases.
(a) Purchases shall be made in the quality, quantity, and at the price needed to fulfill but not exceed the using department’s requirements.
(b) It is recognized that emergency situations may arise that affect the public health, welfare, and safety and require purchases without resorting to this policy. The City Manager is authorized to establish conditions whereby department heads shall be authorized to purchase supplies, equipment,Goods and services to remedy limited emergency conditions. The City Council shall be notified and shall ratify emergency purchases exceeding the formal bid limit established by City Council Resolution under subsection 3.10.040(a).– Procurement process.
(Code 1965, § 2315; Code 2002, § 2-645. Ord. No. 1001; Ord. No. 98-3; Ord. No. 11-9)

3.10.060 Bidding regulations for purchases requiring bids that are not public projects. (a) Small procurements. Purchases of services, supplies, and/or equipment in any fiscal year with a value less than the bid limit established by City Council Resolution under subsection 3.10.040(a), exclusive of sales tax or use tax, in any fiscal year, may be purchased without obtaining competitive bids or quotes with Department Head or designee approval.
(b) (a) Informal competitive bids. procurements. Purchases of goods or services, supplies and/or equipment in any fiscal year with a value below the amount established by City Council Resolution underpursuant to subsection 3.10.040 3.10.040(a) exclusive of sales or use tax, may be purchased with City ManagerPurchasing Officer or designee approval according to the following procedures:
(1) Whenever possible and practical, the purchaseprocurements shall be based on at least three documented quotations. The department shall solicit quotations by written request (including facsimile or electronic mail or other electronic media) or by telephone to prospective vendors. If feasible, at least one local vendor must be solicited. The department shall provide a record of all orders and quotes to the Purchasing Officer or

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 12 of 15 designee, who shall retain the records for a period of two years after the submission of quotes or placing of orders.
(2) For a purchase of up to the amount determined by the Purchasing Officer, not to exceed the amount established by City Council Resolution under subsection 3.10.040(a), The quotations shall be written, whenever practicablereceived in writing (including facsimile and, electronic mail)., or other electronic media), whenever practicable. The City Manager shall award the contract to the quotation representing the best value as defined in subsection 3.10.070(e).. If no bidproposal, or no responsive bidproposal, is received after inviting quotations under this section, the Department Head may, with the City Manager’s approval, proceed to hire or have services performed or purchase the goods in the open market within thirty (30ninety (90) days.
(c) Exceptions. The quotation procedure under this section may be dispensed with under any exception set forth in section 3.10.080.
(Code 1965, § 2316; Code 2002, § 2-646. Ord. No. 1001; Ord. No. 98-3; Ord. No. 11-9)

3.10.070 (3) The Purchasing Officer is authorized to set, by administrative directive, thresholds for procurements that may be completed without complying with sections (a)(1) and (a)(2), including delegating appropriate authority to Department Heads or their designees.
(b) Splitting procurements. Splitting the purchase of goods or general services into smaller orders for the purpose of evading the competitive procurement provisions of this chapter is not permitted. (c) Formal competitive bids; bidding regulations for purchases over threshold established by City Council Resolutionprocurement.
(a) 1) Advertising for bids. of procurements. Where the cost of services, supplies, and/or equipment goods required by the city exceeds the sum of the amount as established by City Council resolution under subsection 3.10.040 3.10.040(a) exclusive of sales or use tax, the Purchasing Officer shall call for bids by postingproposals. Such notice shall be posted on the City’s website, at the Civic Center or other designated location or by advertising at least once in a daily, and may also be published in any one or more the following manner: (i) a recognized trade publication; (ii) an internet platform for the publication of public contract solicitations; (iii) a newspaper of general circulation circulated in the city or county not less than five calendar days prior to the date set for opening bids. Awarding bids and approval of contracts for services exceeding the amount as established by City Council Resolution under subsection 3.10.040(a) shall be by the City Council pursuant to subsection 3.10.040(b).

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 13 of 15 (b) Bidder’s security. The Purchasing Officer may require the bidder to submit bid security. (c) Opening of bids. All sealed bids, identified asin the City limits; and/or (iv) such on the envelope, shall be submitted to other method as prescribed by law or deemed appropriate by the Purchasing Officer or other designated representative. Bids shall be opened in a public setting at the time and place stated in the call for bids.
(d) .
(2) Rights reserved. The City reserves the right to reject any or all bidsproposals and to waive informalities, minor irregularities, and minor variations from specifications in bidsproposals received. The city may accept any item or group of items of any bidproposal which will produce the most satisfactory results suited to the city’s requirements. (e) Award of contract. The contract shall be awarded to the lowest responsive bidder. In determining the “lowest responsive bidder,” the city will apply the best value concept. Criteria for determining low bids shall include, but not be limited to, the following:
(1) The ability, capacity, and skill of the bidder to perform the contract or provide the supplies, services, or equipment required;
(2) The ability of the bidder to provide the supplies, services, or equipment promptly or within the time specified without delay or interference;
(3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder; (4) The quality of the bidder’s performance on previous purchases or contracts with the city; (5) The ability of the bidder to provide future maintenance, repair, parts, and services for the use of the supplies purchased.
(f) No responsive bids. proposals. If no responsive bidsproposals are received, the services performed or the supplies or equipment furnished may be obtained without further competitive bidding. The purchase must be made within thirty (30) days of the bid due date and time.process.
(g) Forfeiture of bid security. The contract shall be signed by the successful bidder and returned to the city, together with any required contract bonds, within ten calendar days after the contractor has received the contract. Failure to execute a contract and file acceptable bonds and certificates of insurance as specified in the contract shall be just cause for the annulment of the award and the forfeiture of the bidder’s security.

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 14 of 15 (h) Disposition of bid security. All bid securities and bid bonds of the unsuccessful bidders shall be returned at a time to be determined by the Purchasing Officer or designee following City Council award of the contract.
(Code 2002, § 2-647. Ord. No. 11-9)

3.10.080 d) Waiver of bidding. The procurement regulations.

Bidding regulations and quotation procedure under this section may be waivedmodified or eliminated by the Purchasing Officer, except as otherwise provided by law, when:
(1) Where An emergency situation exists and the public health, welfare, and safety of the city requires that an order be immediately placed with a source of supply; (2) There is only one documented and verified vendor for the product or service; (3) The City is participating in a cooperative purchase or piggyback of an existing contract.

The Purchasing Officer or designee shall join with other public jurisdictions in cooperative purchasing plans or programs as determined to be in the city’s best interest. The Purchasing Officer or designee may also buy directly from a vendor at a price established by a competitive bidprocurement by another public jurisdiction or purchasing cooperative in substantial compliance with sections 3.10.050 and 3.10.060section 3.10.050, even if the City had not joined with that public agency in a cooperative purchase. The Purchasing Officer or designee may also purchase from the United States of America, including the General Services Administration or any federal agency, any state, municipality, or other public corporation or agency.
(4) Contracts or purchase orders involving the obtaining of professional or specialized services, such as, but not limited to, services rendered by architects, attorneys, engineers, or other specialized consultants. Contracts exceeding the amount as established by City Council Resolution under subsection 3.10.040(a) shall be subject to the provisions of subsection 3.10.040(c).information technology or other specialized consultants. (Code 2002, § 2-648. Ord. No. 11-9)

3.10.090 Bid splitting not permitted.

Splitting the purchase of goods or general services into smaller orders for the purpose of evading the competitive bidding provisions of this section is not permitted.

City of Concord-Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing Page 15 of 15 (Code 2002, § 2-649. Ord. No. 11-9)

3.10.060 Goods and services – Local preference.

To encourage the purchase of goods and services from local vendors, the City has adopted a local vendor preference as set forth in City of Concord Policy and Procedure 142 (Local Vendor Preference for the Purchase of Supplies, Services, and Equipment), as amended from time to time.

Staff Report
Date: September 8, 2026
To: City Council
From: Guy Bjerke, Director of Economic Development and Base Reuse Prepared by: Melissa Rea, Economic Development Manager
[email protected]
(925) 671-3018
Subject: Considering a recommendation from the Council Committee on Housing and Economic Development to amend a license
agreement with Pacific Plaza Imports, Inc., increasing the temporary right to park by an additional five vehicles at the City of Concord Civic Center Parkside Drive parking lot; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney.

CEQA: Exempt/not a project per CEQA Guidelines Sections 15060(c)(2), 15378, 15061(b)(3), and/or 15300.2.

Report in Brief
Pacific Plaza Imports, Inc. (PPI), located at 3018 Willow Pass Road, has a license agreement with the City which allows them to park fifteen vehicles in the City-owned parking lot at 1950 Parkside Drive. The Council Committee on Housing and Economic Development reviewed a request from PPI to amend the agreement to temporarily lease an additional five parking spaces on a month-to-month basis. If approved, the total number of leased parking spaces would increase from 15 to 20, for a monthly fee of $500.

Recommended Action
Approve an amendment to the license agreement with Pacific Plaza Imports, Inc., increasing the temporary right to park by an additional five vehicles at the City of Concord Civic Center Parkside Drive parking lot; and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney.

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City Council Agenda Report
Agenda Item No. 4.c
September 8, 2026
Background
In 2016, PPI approached the City's Economic Development Division with a request to lease ten to fifteen employee parking spaces in the Parkside Drive parking lot at the City of Concord Civic Center due to its lack of available parking at the company's headquarters near City Hall. On June 7, 2016, the City Council approved License Agreement No. 5484, authorizing the lease of ten parking spaces with the option to lease an additional five spaces. On January 23, 2017, the City amended the agreement when PPI exercised their option to lease the additional five spaces, increasing its total leased parking spaces from ten to fifteen.

On June 15, 2026, PPI requested the addition of five parking spaces for employee vehicles due to ongoing growth and increased demand for staff parking. The Council Committee on Housing and Economic Development reviewed the request on August 3, 2026. After considering the information presented, the Committee is recommending approval of the amendment.

Analysis
All PPI employee vehicles using the City's parking spaces would be required to display a valid parking permit on the vehicle windshield. Although employees would be permitted to park anywhere within the Parkside Drive parking lot, they are expected to utilize the southern portion of the lot, which provides the most direct access to the PPI offices via the nearby signalized intersection.

PPI employees would be required to comply with all applicable California traffic laws when crossing Willow Pass Road. Employees are expected to use the signalized crosswalk at the Parkside Drive intersection and follow all pedestrian traffic signals.

Failure to comply with these requirements may result in termination of the license agreement.

The agreement allows the City to terminate the license upon an event of default or with 30 days' written notice for any other reason.

Approval of the proposed amendment would increase the total number of leased parking spaces from fifteen to twenty and increase the City's annual revenue from $4,500 to $6,000.

Financial Impact
The amended license agreement would provide $6,000 annual revenue to the City’s General Fund.

Environmental Determination
This activity does not constitute a “project” within the meaning of CEQA Guidelines Section 15060 (c)(2) or CEQA Guidelines Section 15378, because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the

City Council Agenda Report
Agenda Item No. 4.c
September 8, 2026
environment. Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” 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.

Public Contact
The City Council Agenda was posted and Pacific Plaza Imports, Inc. has been notified of the meeting.

Attachments

1. Pacific Plaza Imports License Agreement

2. Pacific Plaza Imports License Agreement First Amendment

3. Pacific Plaza Imports License Agreement Second Amendment

Attachment 1

ORIGINAL

LICENSE AGREEMENT
This License Agreement ("Agreement") is entered into on June 7, 2016 ("Effective Date") between the City of Concord, a California municipal corporation ("City") and Pacific Plaza Imports, Inc., a California corporation ("Licensee").

Recitals
A. City owns certain real property located at 1950 Parkside Drive, Concord, California, APN 111240014 ("Property").

B. Licensee would like to obtain a temporary, non-exclusive, and limited right, privilege, and permission to use a portion of the Property as shown on Exhibit A ("License Area") for that certain Permitted Use (defined in Section 4 below).

C. City is willing to allow such use pursuant to the terms of this Agreement.

Terms and Conditions
NOW, THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee agree as follows:

1. License
A. Grant of License. City hereby grants to Licensee a temporary, non-exclusive, and limited right, privilege, and permission to use the License Area (including reasonable access to the License Area) for the purpose of the Permitted Use, and for no other purpose, subject to all leases, subleases, easements, restrictions and reservations now or subsequently pertaining to the License Area, the Property, or any portion thereof.

D. City Access. Licensee agrees that the City or its appointed representatives shall have access to the License Area at all times. City shall have the unrestricted right to observe all activities by Licensee and/or any Licensee Party at the Property. "Licensee Party" means any of Licensee's partners, officers, officials, volunteers, shareholders, members, employees, agents, invitees, representatives, contractors, subcontractors, sub-licensees, successors, assigns, consultants, experts, and any other person or entity affiliated with Licensee or under Licensee's direction or control.

C. Condition of Property. Licensee represents and warrants that Licensee has inspected and examined the License Area and accepts the License Agreement in its present "as is" condition. Licensee acknowledges and agrees that neither City, nor anyone acting for or on behalf of City, has made any representations, warranties, or promises to Licensee, or to anyone acting for or on behalf of Licensee, concerning the condition of the License Area, the Property, any portion thereof, or any other aspect thereof including any structures or improvements located thereon, the availability of utilities, or the absence or presence of hazardous materials. Licensee shall keep the License Area in a clean, orderly and sanitary condition to the satisfaction of the 07 /22/16 cc: Pacific Plaza Imports, Inc., CED, File
5484

Attachment 2

SECOND AMENDMENT TO LICENSE AGREEMENT
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28 This Second Amendment to License Agreement (“Second Amendment”) is entered into on this date, September 8, 2026, and amends the Parking Space Rental License Agreement, Agreement No. 5484 (“Agreement”), between the City of Concord (“CITY”) and Pacific Plaza Imports, Inc., a California corporation (“Licensee”).

WHEREAS, the CITY entered into a License Agreement, Agreement No. 5484, dated June 7, 2016 (the “Agreement”), wherein LICENSEE agreed to pay a fee of $25.00 per employee vehicle to rent 10 parking spaces for a total of $250.00 a month on a month to month basis from a portion of the City of Concord at 1950 Parkside Drive, Concord, California, APN 111240014 (“License Area”), with the option to add five additional parking spaces upon written request from the CITY for $25.00 per additional employee vehicle; and
WHEREAS, on January 23, 2017, LICENSEE exercised the option to add five additional parking spaces for a maximum allotment of 15 parking spaces beginning March 1, 2017, increasing monthly fees from $250.00 to $375.00; and
WHEREAS, on June 15, 2026, the LICENSEE requested to increase the maximum allotment of employee vehicle parking from 15 to 20 spaces due to increased employment; and WHEREAS, on August 3, 2026, the Housing and Economic Development Council Committee met and recommended that the proposed amendment to the license agreement, allowing the LICENSEE to rent an additional five parking spaces for a maximum total of 20 parking spaces, be brought to the full City Council for approval, increasing monthly fees from $375.00 to $500.00; and WHEREAS, on September 8, 2026, the City Council authorized Pacific Plaza Imports, Inc. to temporarily lease an additional five parking spaces for a maximum of 20 parking spaces at a cost of $500.00 on a month-to-month basis; and
WHEREAS, under Section 16 “Execution; Counterparts; Amendment”, the Agreement provides that it “may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the City of Concord Municipal Code.”
WHEREAS, the parties mutually desire to amend the Agreement to increase the maximum allotment of parking spaces the LICENSEE rents from the CITY.

Attachment 3

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

1. The first three sentences in Section 3 “LICENSE FEE” is hereby amended to read as follows: ”LICENSEE shall pay to CITY a fee of $500.00 per month for twenty (20) employee vehicles (even if fewer than 20 employee vehicles utilize the License Area) for $25.00 per employee vehicle, commencing as of the Commencement Date.”

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

IN WITNESS WHEREOF, the parties have executed this Second Amendment on the date indicated above.
[signatures on following page]

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28 Dated: ______________ GRANTEE
BY: ________________________
Mark Bolourchi
[email protected]
Dated: ________________ CITY OF CONCORD
By:______________________________
Jerome C. Wilverding
City Manager
APPROVED AS TO FORM:
____________________________
Susanne Brown
City Attorney
ATTEST:
____________________________________
Monique Robinson
Interim City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

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

THE SUM OF $500.00 monthly Account Code 1003700R999-50000.

Finance Director's Signature

Staff Report
Date: September 8, 2026
To: City Council
From: Kit P. Jory Sr., Director, Department of Public Works Prepared by: Jeff Rayos, Administrative Services Manager [email protected]
(925) 671-3446
Subject: Considering amending Agreement No. 3447 with R3 Consulting, Inc. to provide additional solid waste professional and technical services, increasing the contract amount to an amount not to exceed $160,000; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (General Fund).

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15262, 15273, 15378, and/or Public Resources Code Sections 21065 and 21080(b)(8).

Report in Brief
Under the City of Concord’s (City) solid waste franchise agreement, residential solid waste rates are reviewed every five years to ensure that the rates remain appropriate based on the costs of providing service. The next five-year Base Year Rate Review will begin when the franchise hauler submits its Base Year Application in September 2026 and will be conducted in accordance with the City’s Rate Setting Process and Methodology Manual for Residential Solid Waste Fees. This item seeks approval to amend Agreement No. 3447 with R3 Consulting, Inc. (R3) to provide additional solid waste professional services to independently review, evaluate, and ensure the upcoming solid waste rates reflect verified cost of service for the next five year term of Fiscal Years (FY) 2028-2032, increasing the not‑to‑exceed amount $65,000, from $95,000 to $160,000, with no change to the agreement term of July 1, 2024, to June 30, 2027.

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City Council Agenda Report
Agenda Item No. 4.d
September 8, 2026
Recommended Action
Amend Agreement No. 3447 with R3 for additional solid waste professional and technical services, increasing the not-to-exceed amount from $95,000 to $160,000 ($65,000 increase) with no change in the term of July 1, 2024, to June 30, 2027; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
R3 has provided independent review and analysis for the City’s solid waste and recycling program since 2014, including State compliance reporting and support for AB 939, AB 341, and SB 1383. R3 has also supported the City’s rate setting work and is familiar with the City’s Rate Setting Process and Methodology Manual for Residential Solid Waste Fees, which governs base year reviews.

Residential solid waste rates for FY 2027-28 through FY 2031-32 will be evaluated as part of the City’s five-year Base Year Rate Review. To support this review and ensure the City’s rate-setting requirements are met, the City is seeking additional services from R3 to conduct an independent review of the franchise hauler’s Base Year Application.

Since the supplemental scope of work exceeds the City Manager’s approved threshold under Chapter 3.10 (including Section 3.10.080 for professional services), City Council approval is required.

The proposed Third Amendment adds the scope necessary to complete the Base Year Rate Review, with no change to the agreement term. R3 will continue its existing services, including compliance support, franchise analysis, and on‑call assistance, while undertaking the Base Year Rate Review.

Analysis
A Base Year Rate Review is the City’s formal process for setting residential solid waste rates to the verified cost of service under the franchise agreement. Conducting the review is required to ensure the process is transparent and consistent with the City’s Rate Setting Process and Methodology Manual for Residential Solid Waste Fees.

R3 will perform the review in accordance with the Manual by independently verifying the hauler’s Base Year Application, tying reported figures to audited financial statements, reviewing revenues and expenses, confirming the correct operating ratios, and preparing draft and final reports for the City’s consideration. These activities align with the Manual’s required steps, including application review, preparation of draft recommendations, and conducting a public hearing.

R3 possesses the necessary qualifications, technical skills, and subject matter expertise to independently evaluate the Base Year Rate Application and ensure residential rates accurately reflect cost of service. R3 has an established working history with the City’s solid waste program, including completion of the 2022 Base Year Rate Review and

City Council Agenda Report
Agenda Item No. 4.d
September 8, 2026
preparation of the related final report and ongoing support under Agreement No. 3447 for solid waste compliance.

The City plans to receive and review the Base Year Application in September 2026, with evaluation occurring from September through December 2026. Staff will report to the Infrastructure and Franchise Committee from January through February 2027, followed by a public hearing for Council consideration from March through May 2027; new rates would take effect in July 2027 for the term of FY28 to FY32. The City’s Rate Setting Process and Methodology Manual provides the required public hearing and final report steps before adoption.

Procurement Process
The requested amendment to increase the contract amount to support the Base Year Rate Review is in compliance with the City’s Municipal Code and continues to qualify under the professional services exception in Section 3.10.080, which provides that bidding may be waived for professional or specialized services; R3’s solid waste rate‑setting, compliance, and analytical services fall within this exception.

Financial Impact
Funding for this amendment is included in the FY2026-27 Public Works approved General Fund operating budget.

Environmental Determination
Pursuant to Public Resources Code Sections 21065 and 21080(b)(8), and/or CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15262, 15273, and/or 15378, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it is for the study of the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges and will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Public Contact
The City Council Agenda was posted.

Attachment

1. Amendment with R3 Consulting with Exhibit B-1 – Additional Scope of Services

THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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28 Attachment 1
This Third Amendment to Professional Services Agreement (“Third Amendment”) is entered into on this date, September 9, 2026, and amends the Professional Services Agreement, Agreement No. 3447, between the City of Concord (“CITY”) and R3 Consulting, Inc. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. 3447, dated July 1, 2024 (the “Agreement”), wherein CONSULTANT agreed to provide professional services as detailed in Exhibit A “Scope of Service”.

WHEREAS, under Section 1 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2025, with the option to extend the Agreement for two additional periods of one year each upon mutual agreement of the Parties.

WHEREAS, on July 1, 2025, the Parties executed the First Amendment to increase compensation and exercise the first option to extend the term to June 30, 2026.

WHEREAS, on July 1, 2026, the Parties executed the Second Amendment to exercise the second option to extend the term to June 30, 2027.

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

WHEREAS, the parties mutually desire to amend the agreement (Third Amendment) to provide for additional compensation as approved by City Council on September 8, 2026.

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

1. The Third paragraph of Section 3 “PAYMENT” is hereby amended to read as follows:

The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed one hundred and sixty thousand ($160,000) for this Amendment Term. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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28 2. Exhibit A “Scope of Work” is hereby amended with the addition of the attached Exhibit B-1, which includes additional scope.

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

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

Signatures on the following page.

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28 Dated: ______________ R3 Consulting, Inc.

BY: ________________________
Garth Schultz
Principal
[email protected]
Dated: ________________ CITY OF CONCORD
By:______________________________
Jerome C. Wilverding
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Monique Robinson
City Attorney Interim City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2025-2026 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $160,000. Account Code 100-5100-1Z01-63800-400.

Finance Director's Signature

414 13th Street, Suite 450, Oakland, CA 94612 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com August 10, 2026
Mr. Jeff Rayos, Administrative Services Manager
City of Concord
1455 Gasoline Alley, Concord, CA 94520
submitted via email: [email protected]
SUBJECT: Base Year Rate Review – R3 Proposal
Dear Mr. Rayos,
The City of Concord (City) finds itself at a pivotal moment. With a new City Manager and Public Works Director, the City has a timely opportunity to reassess how it approaches its upcoming, contractually obligated, Base Year Rate Review and ensure its solid waste rates reflect the cost of service and address the community’s needs going forward. R3 Consulting Group (R3) is well-positioned to support the City through this transition, bringing both the institutional knowledge of a long-standing partner and the technical rigor needed to deliver a rate review that prioritizes the City’s needs and provides detailed analysis of the solid waste services provided by Mount Diablo Resource Recovery. This work carries real significance for Concord's ratepayers, who rely on a fair, transparent rate-setting process that keeps solid waste services affordable, reliable, and accountable to the community it serves.

Project Team
Our project team is anchored by Alex Soulard, Managing Consultant, and Rose Radford, Principal who together bring deep solid waste and rate-setting expertise to this engagement, backed by R3's long- standing relationship with the City for the past 15 years. Alex will serve as Project Lead, drawing on 15+ years of public and private sector experience supporting rate and financial reviews, negotiations, and procurement for jurisdictions across California. Rose will serve as Principal-in-Charge and provide quality assurance with her deep experience auditing hauler operational and financial performance, analyzing franchise agreements, and supporting rate-related negotiations for 20+ jurisdictions statewide. This core team is supported by Garth Schultz, R3's President, who will lend statewide strategic perspective as leader of R3's rate and fee study practice, Jordan Muratsuchi, Managing Consultant, and Nikki Burke, Sr. Managing Consultant, who will provide specialized financial support through fee studies, cost-of- service analyses, and rate structure design tailored to reflect the true cost of service. * * * * *
Thank you for your continued partnership and the opportunity to again be of service in your community. If you have any questions or need additional information, please contact me.

Sincerely,
Alex Soulard | Managing Consultant
R3 Consulting Group
707.888.8693 | [email protected]
Exhibit B-1 to Attachment 1

1. SCOPE OF WORK
City of Concord | Base Year Rate Review 1 Task 1 Initial Rate Review Support
Prior to conducting the Detailed Rate Review and potentially prior to receiving MDRR’s Base Year Application, R3 will hold a kickoff meeting with the City to discuss any questions the City and/or Contractor may have regarding the Base Year Rate Review process and required documents.

It is anticipated that the following documents (collectively referred to as “Application”) will be submitted by the Contractor at the start of the Base Year Rate Review:
》 The Application submitted by the Contractor
》 The Contractor’s support for its reported expenses for the most recently completed fiscal year, the current year, and the new base year, which serve as the basis for its calculated rate adjustment. This should include audited financial statements.
》 Support for the Regional Allocations and Corporate Allocations assigned to the City’s franchise including descriptions of the basis for the allocation of any expenses to the City’s franchise along with supporting documentation for any such allocations.
》 Historical revenues by quarter, by line of business (residential, commercial, roll-off) for the most recently completed fiscal year, the current year, and the new base year. 》 The basis for the Contractor’s revenue projections.
》 An accounting of expenses that are directly assigned versus allocated to the City’s franchise. 》 An accounting of all non-allowable expenses (ideally this would be provided in the form of an Excel file of the Contractor’s line item general ledger for the most recently completed fiscal years, the current year, and the new base year, with all non-allowable expenses identified). 》 An accounting of all costs associated with the Contractor’s commercial food waste and commercial organics collection programs.
》 A listing of all related party expenses charged to the Contractor and support for the reasonableness of any related party expenses (i.e., documentation supporting that any such charges are no more than that which would have been charged by an independent third party). This includes SEG costs. 》 The Contractor’s forecasted revenues and expenses for the City’s franchise and calculated rate adjustment and supporting documentation and assumptions, including any forecasted changes in disposal or processing fees, governmental fees, etc.
》 Information on historical tonnages collected, diverted and disposed by waste stream and material type (e.g., residential and commercial recyclables, commercial organics, solid waste etc.), and forecasted per ton material sales revenues.
》 An accounting of the basis for the Contractor’s reported Recycling Processing Fee.

Task 2 Verify Mathematical Accuracy and Reasonableness of the Rate Application Base and Projected Revenues and
Expenses
As part of this task, we will review the documentation submitted by the Contractor to confirm that it is mathematically accurate and logically consistent. Additionally, R3 will compare the Base Year Rate Application with the previous Base Year Rate Review, which was conducted by R3, to validate that prior projected expenses have materialized and match the programs described in the last Base Year review process.

In addition, this task will include the following:
》 Review Basis for Reported Expenses
– R3 will review the Contractor’s basis for its reported expenses to determine the reasonableness of the supporting documentation (e.g., general ledger), and if the expenses reported in the Rate

City of Concord | Base Year Rate Review 2 Application tie to the supporting documentation. R3 will confirm historical finances have been reported into the application correctly and have applicable backup documentation. R3 will cross- check reported financial figures with MDRR’s audited financial statements and ensure adherence to the Franchise Agreement provisions and the Rate Setting Process and Methodology Manual for Residential Solid Waste Fees.
》 Review Allocation of Revenues and Expenses
– R3 will review and assess the reasonableness of the Contractor’s methods used to allocate any revenues and/or expenses that cannot be directly assigned to a specific operation. As appropriate, R3 will recommend adjustments to those allocations. 》 Review Forecasted Costs
– R3 will review the reasonableness and basis for the Contractor’s previous and current forecasted labor-related costs, vehicle-related costs, other costs, and depreciation expenses. o This review will include assessment of any proposed costs and services and will also review SB 1383 related expenses incurred by MDRR and compare those to cost projections provided in the previous Base Year Rate Application. – In addition to a review of the reasonableness of each individual line item expense, R3 will also confirm the proper handling of pass-through and non-allowable expenses. o This review will include an assessment of the costs related to the City’s commercial food waste, recycling, reuse, and organic waste collection operations, and a determination as to whether those costs have been correctly handled as non-allowable costs in the Rate Application.
》 Review Currently Forecasted Revenues
– R3 will review and confirm the Contractor’s actual and projected revenues, before any rate adjustments, to ensure rate application correctness in calculating the required rate adjustments (required additional revenue).
》 Review Operating Ratio
– R3 will review the Contractor’s Operating Ratio to determine if it is set between 88 and 92 percent.

Task 3 Reuse Program/Negotiated Services Cost Review
The Contractor’s initial rate application is due September 1, 2026. Based on City feedback, it is anticipated that the application will include an option to start the City’s door-to-door reuse program and potentially increase recovered organic waste product purchases on the City’s behalf

R3 will review the optional programs for the City taking into account the verification of the financial data included in the initial application, the value of these negotiated terms to the agreement, and the projected costs the Contractor estimates.

Task 4 Draft Amendment for Negotiated Services
Following the review the optional programs and their associated costs the City may determine which programs it would like to include, taking into account the verification of the financial data included in the initial application, the value of these negotiated terms to the agreement, and the projected costs the Contractor estimates.

City of Concord | Base Year Rate Review 3 Task 5 Preliminary Findings
Following our review of the Contractor’s Application, R3 will present our Preliminary Findings to the Contractor. This is done to ensure that we have not misunderstood or misrepresented any of the information provided by the Contractor, and to provide the Contractor with an opportunity to comment on our preliminary Findings.

Based on any comments received from the Contractor, we will make any appropriate revisions to our Preliminary Findings.

Task 6 Draft and Final Reports
Following our review of Preliminary Findings with the Contractor, R3 will prepare and issue an electronic Draft Report to the City. We will then revise the Draft as necessary, based on comments received from the City and issue an electronic Final Report.

Task 6 Deliverables
》 One (1) Draft and one (1) Final Reports, in electronic format.

Task 7 Meetings and Presentation
R3 will participate in up to three on-site or virtual meetings with the City, and/or presentations as requested by the City. R3 staff will also be available for teleconferencing with the City throughout the project, as necessary.

Task 7 Deliverables
》 Participation in up to three (3) on-site or virtual meetings and/or presentations as requested.

2. PROJECT BUDGET

City of Concord | Base Year Rate Review 4 R3 proposes to complete the project for a total fee of $65,000. For cost-effective service delivery, R3’s pricing is fixed. Any additional consulting services beyond those proposed will be charged at the standard rates shown in Table 3, below. Fees for additional work will be billed monthly at the first of each month, for the preceding month, and are due within 30 days of the invoice date.

Table 1: Fee Breakdown By Task

TASK FEE

1. Initial Rate Review Support $ 5,000

2. Verify Mathematical Accuracy and Reasonableness of Rate Application $ 25,000

3. Reuse Program/Negotiated Services Projected Cost Review $ 4,000

4. Draft Amendment for Negotiated Services $ 3,500

5. Preliminary Findings $ 10,000

6. Draft and Final Reports $ 10,000

7. Meetings and Presentation $ 7,500
TOTAL $ 65,000
Table 2: Fixed Payment Schedule

FEE TYPE DUE DATE FEE
1 Engagement Fee Upon Contract Execution $ 20,000
2 Analysis Fee Within 30 Days of Receiving Draft Report $ 25,000 3 Completion Fee Within 30 Days of Review Completion $ 20,000 Table 3: Standard Rates FY 2026-27

CLASSIFICATION RATE
Principal / Sr. Director $ 355 per hour
Director $ 320 per hour
Sr. Managing Consultant $ 275 per hour
Managing Consultant $ 245 per hour
Sr. Consultant $ 230 per hour
Consultant $ 210 per hour
Associate Consultant $ 195 per hour
Expert Witness 2.5x Rates Listed Above

REIMBURSABLE COSTS
Consultants/Subcontractors Cost plus 10%
Lodging and meals Direct cost
Travel - Private or company car At Current Federal Rate Travel - Other Direct cost
Delivery and other expenses Direct cost

From: William Truesdell <[email protected]>
Sent: Monday, September 7, 2026 8:43 AM
To: Mollyanne Rios <[email protected]>; Obringer, Carlyn <[email protected]>; City Clerk <[email protected]> Cc: AL ACKERMANN <[email protected]>; [email protected]; Ashleigh Laub <[email protected]>; Lois Boyd <[email protected]>; Amy & Jeff Bartolotta <[email protected]>; Dino & Judy Papathemetrios ([email protected]) <[email protected]>

Subject: RE: Hope you are well! (and evaluation of garbage rates and service) Dear Concord City Council,

Regarding: Extension of R3 Consulting Group Contract by Consent (Item 4d on the September 8, 2025 agenda)

Once again, the citizens of Concord are going to be bypassed in the approval process for garbage collection rates and the audit contract up for consent vote on the coming agenda. There at least should be a public hearing to test the viability of this approval with public comment.

Earlier this year I spoke with management at the Mount Diablo Resource and Recovery (MDRR) company to discuss the high rates being charged by his company. In the end, he told me to take it up with the City at the next rate hearing. Clearly the company does not want to engage in any discussion about its rates with Concord citizens.

The oversight being conducted, along with “audits, ” by R3 Consulting, Inc. clearly doesn’t meet with any professional standard of which I am aware. The “City of Concord 2025 Citizen Satisfaction Survey” reported that garbage, yard waste, and recycling are important to a mean 84.5% of our citizens.

Yet, R3 Consulting, Inc. used comparisons of cities in the San Francisco Bay Area that have no true comparison to Concord. If you glance at the attached charts you will see that the population of comparators is significantly divergent from Concord. It is almost as if R3 Consulting, Inc. wanted to justify rather than analyze rate increase requests from MDRR.

Before you rubber stamp approval for the R3 Consulting, Inc. contract extension and explosive expense proposed, please understand there are citizens of Concord who believe the rates we are paying to MDRR are exorbitant. We deserve to be heard before R3 Consulting, Inc. waves its magic want over data to suggest more rate increases for our garbage bills. I would ask that you either remove item 4d from your coming agenda or schedule it for a public hearing with adequate notice to Concord citizens.

Thank you.

Bill Truesdell
1116 Fair Weather Circle
Concord, CA 94518
Agenda Item No. 4.d
Benched Correspondence
September 8, 2026

From: Mollyanne Rios <[email protected]>
Sent: Monday, September 7, 2026 3:50 PM
To: City Clerk <[email protected]>
Cc: Obringer, Carlyn <[email protected]>; City Clerk <[email protected]>; AL ACKERMANN <[email protected]>; [email protected]; Ashleigh Laub <[email protected]>; Lois Boyd <[email protected]>; Amy Jeff Bartolotta <[email protected]>; Dino Judy Papathemetrios <[email protected]>; William Truesdell <[email protected]> Subject: Public Comment on Item 4d – MDRR Rate and Service Review

Dear Mayor and Councilmembers,

Thank you to Councilmember Obringer for personally making me aware that the MDRR rate and service review is coming before the Council.

I also want to express my support for the concerns raised by William Truesdell, as well as other residents who have questioned MDRR’s rates, the comparison methodology used in prior reviews, the level of public review, and the overall value being provided under this exclusive franchise. My comments below are intended to build upon those concerns by identifying specific provisions within the City’s existing Franchise Agreement and Rate Setting Manual that I believe should guide the scope of this review.

After reviewing the Franchise Agreement between the City of Concord and Mount Diablo Resource Recovery, including the incorporated Rate Setting Process and Methodology Manual, I believe there are important issues the Council should address before approving the proposed consultant scope.

The agreement gives the City considerable financial and performance oversight authority. If Concord is going to spend approximately $160,000 at the maximum on an independent review, I believe that review should fully exercise the oversight mechanisms already contemplated by the City’s own agreement.

Financial Review and Historical Reconciliation
The Franchise Agreement provides for financial scrutiny in connection with rate adjustments.

MDRR is required to provide financial information for services performed under the agreement. It must also maintain a proper, separate set of books accurately reflecting its business conducted within Concord. At a minimum, the agreement identifies records concerning direct labor costs, payroll costs, and reimbursable expenses, and makes those accounting records available for City review. (Franchise Agreement §§19(a)-(b), pp. 23-24.)
This makes historical reconciliation particularly important. R3 should not simply determine whether MDRR’s current calculations mathematically support another adjustment. It should examine the assumptions underlying previous increases and compare projected expenses and revenues with what actually occurred.

The Rate Setting Manual’s Base Year review specifically includes review of actual and projected revenue requirements, actual and projected revenues, operating ratio, performance data, and a framework for balancing actual revenues with projected revenue requirements. The Manual discusses using audited financial statements to measure differences between projected and actual financial results. (Rate Setting Manual, Base Year Process, Step 3, pp. II-8 to II-10.) Where projections differed materially from actual results, residents deserve to know the magnitude of those differences, why they occurred, and how they were subsequently treated in rates.

Labor and Compensation Costs
Labor costs should also be tested, not automatically accepted as a basis for higher rates.

The Franchise Agreement specifically identifies Direct Labor as one of the cost lines that may support a Special Extraordinary Adjustment. MDRR must provide the information and documentation necessary for the City to judge the reasonableness of such a request, and an extraordinary adjustment can only be made with City Council approval. (Franchise Agreement §16(c), p. 22.)
The Rate Setting Manual also states that rates requested by the franchise hauler “must be justifiable, ” should include “only allowable and necessary costs, ” and should “provide accountability for expenditures. ” (Rate Setting Manual, §I, pp. I-1 to I-2.) If increases in labor or compensation-related costs are being used to support higher residential rates, R3 should independently determine whether those costs are allowable under the Rate Setting Manual, whether they are reasonable and necessary to provide the contracted level of service, how they compare with amounts previously projected, and what MDRR actually incurred.

The review should also determine whether labor increases were offset by savings elsewhere, changes in staffing, productivity, revenues, or other operating efficiencies.

The relevant question should not simply be whether MDRR’s labor costs increased. It should be whether the amount being charged to Concord residents is justified by documented, allowable and reasonable costs under the City’s contractual rate-setting methodology.

The Rate Setting Manual Calls for Substantive Review
The incorporated Rate Setting Manual contemplates considerably more than calculating an annual percentage increase.

Its Base Year methodology addresses operating costs and profit, residential and commercial revenues, allowable operating profit and revenue requirement, percentage changes in rates, performance data, and a survey of rates in similar service areas. (Rate Setting Manual, §§II-III.) The Manual also establishes a targeted operating-ratio range of 88 to 92 percent. During a Base Year review, if the applicable operating ratio falls outside that range, the methodology uses a 90 percent operating ratio for calculating allowable operating profit and the revenue requirement. (Rate Setting Manual, §I, p. I-4.)
This is another reason the review should clearly identify MDRR’s applicable operating ratio, allowable operating profit, and resulting residential revenue requirement rather than presenting residents only with a proposed percentage increase.

Comparable Cities Must Actually Be Comparable
I share the concerns already raised regarding the jurisdictions used to compare Concord’s rates.

The Rate Setting Manual calls for a survey of rates in similar service areas. It specifies a minimum of six other jurisdictions in Northern California with operating environments similar to Concord and describes the survey as a means of benchmarking proposed rates to determine whether they are reasonable. (Rate Setting Manual, Base Year Process, Step 5, pp. II-12 to II-13.) A comparison of monthly bills alone does not establish whether Concord residents are receiving comparable value.

R3 should establish objective criteria for determining what constitutes a similar service area.

Population should be considered, but so should population density, number of customers, collection frequency, container sizes, included cleanup and bulky-item services, recycling and organics services, disposal and processing arrangements, franchise structure, additional charges, and other factors that materially affect the cost and value of service.

The final report should explain why each comparator jurisdiction was selected. Cities such as Antioch, Pittsburg, Fairfield, and Vacaville should be evaluated for inclusion where they meet objective comparison criteria.

A true apples-to-apples comparison should tell the Council not simply who charges what, but what Concord residents receive for what they pay.

Service Performance Is Part of the Agreement
The Franchise Agreement contains substantive performance obligations.

MDRR agrees to make regular minimum weekly collections of garbage, recyclables, and organic materials. It also states that MDRR shall complete 100 percent of each route on the regular scheduled collection workday. (Franchise Agreement §7(a)-(b), pp. 13-14.) The agreement further requires collection services to be performed in a thorough and professional manner and states that collection services described in the agreement shall be performed “regardless of weather conditions or difficulty of collection. ” (Franchise Agreement §22(a), p.

25.)
These requirements are particularly relevant given the service issues I have previously brought to the City’s attention.

Our household has had collection refused or missed on several occasions for reasons including a cart being described as too close to the curb, too close to a basketball hoop, a lid not being completely closed, including during windy conditions, and most recently being told that our recycling cart was not collected because it contained cardboard.

The cardboard explanation is particularly concerning after reviewing the agreement itself. The agreement expressly addresses corrugated cardboard and states that cardboard that will not fit inside the recycling cart is to be placed as specified by MDRR and picked up pursuant to an on- call recycle cleanup. (Franchise Agreement §9(b), pp. 14-15.)

On the same collection day as that most recent incident, our garbage cart was damaged during collection. The agreement specifically states that MDRR shall repair or replace containers damaged by collection operations within one week and provide a same-size container if repair or replacement cannot be completed within that period. (Franchise Agreement §22(k)(ii), p. 27.) I am not asking the Council to adjudicate my individual collection incidents. I am raising them because they illustrate why actual service performance belongs in a rate and service review.

More importantly, the agreement expressly gives the City the right to conduct periodic performance reviews of MDRR’s operations related to the services and facilities used to fulfill its obligations under the agreement. Among the stated purposes are verifying compliance with reporting requirements and performance standards. MDRR is required to cooperate fully and provide requested operational, financial, and other data within 30 working days. (Franchise Agreement §24(a)-(d), p. 28.)
The Rate Setting Manual also discusses independent performance audits as a potential means of identifying opportunities to improve operational efficiency, noting that improved efficiency could result in lower total costs and correspondingly lower rates. It specifically contemplates such audits occurring at regular intervals, such as once every five years, independently of the rate-change process. (Rate Setting Manual, Future Enhancements, p. I-8.) That is precisely the type of analysis I believe this expenditure should provide.

Independent Ratepayer Satisfaction Survey
The Franchise Agreement provides an especially strong basis for this request.

Under Additional Residential Customer Services, MDRR is required to:

“Participate in citizen satisfaction surveys or perform independent rate payer satisfaction surveys if requested to do so by the City Manager or the City Council. ” The agreement also requires MDRR to “Problem solve and address performance problems identified by the City in a timely manner. ” (Franchise Agreement §11(a)(v) and (vii), p. 16.) I therefore ask the Council to exercise that authority as part of this review and include an independently administered Concord ratepayer satisfaction survey.

The City should hear directly from the residents and businesses required to use this exclusive provider. The survey should measure missed and refused collections, damaged containers, complaint resolution, customer-service responsiveness, bulky-item service, additional charges, reliability, and overall value.

Going forward, independent customer satisfaction and objective service-performance information should become a regular part of significant rate reviews. When customers cannot choose another provider, financial justification should not be the only measure considered when rates increase.

Service quality and value should matter as well.

Competitive Solicitation
I also continue to believe this review should examine the history of competitive solicitation for Concord’s solid-waste franchise.

The Franchise Agreement recognizes competitive bidding in at least one specific circumstance involving assignment of the franchise. In that context, the City expressly reserves the right to solicit competitive bids if an assignment results in a request for certain rate increases exceeding the applicable CPI and not reflecting value changes in service standards. (Franchise Agreement §34, pp. 34-37.)
I recognize that this provision does not establish a general requirement that Concord competitively bid the existing franchise today. However, it demonstrates that competitive procurement is contemplated by the agreement as a potential protection when pricing and service standards are implicated.

At a minimum, residents should be told when this franchise was last subjected to competitive solicitation, how subsequent extensions or renewals occurred, and whether competitive procurement in the future could improve rates, services, accountability, or contractual protections.

Accordingly, I respectfully ask that the R3 scope include:

1. A historical reconciliation of projected versus actual MDRR costs and revenues underlying previous rate increases, including material variances and how those variances were subsequently treated in rates.

2. A clear analysis of MDRR’s Concord revenue requirement, allowable operating profit, actual Concord-related revenues and expenses, and the financial basis for current and proposed rates.

3. A specific review of labor and compensation-related costs used to support residential rate increases, including projected costs, actual results, material variances, whether those costs are allowable and reasonable, and whether increases were offset by savings or efficiencies elsewhere.

4. Disclosure of MDRR’s applicable operating ratio and allowable operating profit under the Rate Setting Manual and how those figures affect the residential revenue requirement.

5. A true apples-to-apples comparison of both rates and services in objectively comparable jurisdictions, with R3 explaining the criteria used to select each comparator.

6. An independent review of MDRR’s performance against the actual service standards contained in the Franchise Agreement, including complaint and collection-performance information.

7. An independently administered Concord ratepayer satisfaction survey, with the results publicly presented to the Council.

8. Review of refused and missed collections, damaged containers, bulky-item restrictions, additional charges, and other service limitations against the actual requirements of the Franchise Agreement rather than simply MDRR’s current policies.

9. The history of competitive solicitation for Concord’s solid-waste franchise, including when the service was last competitively bid and the circumstances surrounding subsequent extensions or renewals.

10. An evaluation of whether competitive procurement in the future could provide Concord residents with improved pricing, services, accountability, or contractual protections.

At approximately $160,000 at the maximum, this should be more than a consultant review of the calculations supporting another rate adjustment.

This is an opportunity for the Council to determine whether Concord residents are receiving fair rates, reasonable and documented costs, appropriate service quality, accountability, and competitive value under the City’s exclusive franchise agreement.

I support the concerns already raised by Mr. Truesdell and other Concord residents and respectfully request that this item receive substantive Council discussion and public consideration rather than simply being approved on the consent calendar. I also ask that the Council ensure the scope is sufficiently comprehensive before committing the full expenditure.

Thank you for your consideration.

Sincerely,
Molly Rios
Concord Resident

Staff Report
Date: September 8, 2026
To: City Council
From: Margaret L. O’Brien, Director of Finance
Reviewed by: Lisa Agustin, Budget and Treasury Officer
Prepared by: Himmat Bains, Sr. Financial Analyst
[email protected]
(925) 671-3183
Subject: Considering adoption of a Resolution authorizing a non- financial reciprocal agreement with the California Franchise Tax Board for Exchange of Business License Tax Data and authorizing the Director of Finance to execute a non- financial reciprocal agreement with the California Franchise Tax Board (“FTB”) for the exchange of business license tax data for a term beginning January 1, 2027, or the date of adoption of this resolution, whichever is later, through December 31, 2029, subject to approval by the City Attorney.

Report in Brief
Staff seeks Council authorization of a reciprocal agreement with the California Franchise Tax Board (“FTB”) for the Exchange of business license tax data. The City has long participated in the data exchange program and regularly conducts audits of business license records to identify non-compliant businesses. Through this exchange, taxpayers who file business-related income tax returns but do not hold a City business license can be identified, enabling the City to ensure these businesses are operating legally and paying all required taxes and fees.

Recommended Action
Adopt a Resolution authorizing a non-financial reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data and authorizing the Director of Finance to execute a non-financial reciprocal agreement with the California Franchise Tax Board ("FTB") for the exchange of business license tax data for a term

4.e4.e4.e4.e

City Council Agenda Report
Agenda Item No. 4.e
September 8, 2026
beginning January 1, 2027, or the date of adoption of this resolution, whichever is later, through December 31, 2029, subject to approval of the agreement by the City Attorney.

Background
The City of Concord Municipal Code Title 5, known as the Business License Tax Code, establishes a business license tax intended to generate revenue that supports the City’s general operations. Under this code, all business activities or transactions conducted within Concord are subject to the license requirement. Periodically, some businesses, whether intentionally or unintentionally, fail to obtain the required license to operate in the City.

The data exchange program with the California Franchise Tax Board (“FTB”), which began because of the enactment of Senate Bill 1146 on September 26, 2008, enables both the City and the FTB to share information and identify non-compliant businesses.

The City has historically participated in the data exchange program and has conducted audits of business license data to ensure the City receives the revenue it is legally entitled to collect.

Analysis
The existing Agreement with the FTB expired in December 2025, and it is time to renew. The City currently has a Standard Agreement signed by the Director of Finance; however, the FTB requires both a signed Standard Agreement and a resolution authorizing a non-financial reciprocal Agreement with the FTB for exchange of business license tax data under the terms of the Agreement with the FTB. The City will be required to send data to the FTB annually between April and July. The data that will be shared includes ownership name, business address information, Employer ID number, and business start date. This is information that is already considered public under Concord Municipal Code section 5.05.110. The FTB will send the City similar information from their database each year in December including information on taxpayers who file business-related income tax returns.

Under the City/FTB agreement (Attachment 2), the City agrees to protect confidential data, including that information obtained under this agreement will not be reproduced, published, sold or released in original or in any other form for any purpose and will only be accessed or used by designated City employees whose duties are to administer the City Business Tax Program.

Financial Impact
There is no financial impact from the recommended action.

Budget Adjustment or Transfer Required
No budget adjustment or transfer is required.

City Council Agenda Report
Agenda Item No. 4.e
September 8, 2026
Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution Authorizing a Non-Financial Reciprocal Agreement with the California Franchise Tax Board

2. Signed Standard Agreement STD 213 (Rev. 04/2020)

3. Scope of Work and Confidentiality Statement FTB 712

Attachment 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Authorizing a Non-Financial Reciprocal
Agreement with the California Franchise Tax Board
for Exchange of Business License Tax Data and
Authorizing the Director of Finance to Execute a
Non- Financial Reciprocal Agreement with the
California Franchise Tax Board (“FTB”) for the
exchange of business license tax data for a term
beginning January 1, 2027, or the date of adoption of
this resolution, whichever is later, through December
31, 2029, subject to approval by the City Attorney Resolution No. 26-XX /
WHEREAS, Title 5 of the Concord Municipal Code is known as the Business License Tax Code of the City of Concord ("City"), and Chapter 5.05.040 states: "It shall be unlawful for any person to transact and carry on any business, trade, profession, calling, or occupation in the city without first having procured a license from said city so to do and paying the tax hereinafter prescribed or without complying with any and all applicable provisions of this article"; and WHEREAS, this data exchange program began as a result of the enactment of Senate Bill 1146 on September 26, 2008, which authorized a city to enter into a reciprocal agreement with the California Franchise Tax Board ("FTB") to exchange tax data to enable both parties to identify any non-compliant businesses; and
WHEREAS, the City desires to enter into such an agreement with FTB with a term from January 1, 2027, or date of adoption of this resolution, whichever is later, through December 31, 2029.

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

Section 1. The City approves entering into a reciprocal agreement with FTB for the exchange of business license tax data.

Section 2. The City appoints and authorizes the Director of Finance and his/her designee(s), and each of them, as agent(s) of the City to conduct all negotiations, execute and submit documents, including, but not limited to, the standard agreement, applications, amendments, memoranda of

Res No. 26-XX 2
understanding, payment requests and so on, which may be necessary for participation in and completion of the aforementioned reciprocal agreement, including any extensions or amendments thereof, subject to prior approval as to form by the City Attorney's Office.

Section 3. A signed copy of this resolution shall be transmitted to the FTB in conjunction with the filing of an application.

Section 4. This Resolution shall take effect immediately upon its adoption by a majority of the City Council.

PASSED AND ADOPTED by the City Council of the City of Concord on September 8, 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 September 8, 2026.

Monique Robinson
Interim City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

SCOID: 7730-0000000000000000000130917
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES .---------------.---------------- _,

STANDARD AGREEMENT AGREEMENT NUMBER
000000000000000000130917
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Franchise Tax Board

CONTRACTOR NAME
City of Concord

2. The term of this Agreement is:

START DATE
January 1, 2027 or date of approval, whichever is later,

THROUGH END DATE
December 31, 2029

3. The maximum amount of this Agreement is:
$0.00 (ZERO AND 00/100 DOLLARS)

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title
Exhibit A Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C * General Terms and Conditions
+ Exhibit D Non-IT FTB Special Provisions -
+ - Exhibit E City and County Record Layout Specifications (FTB 909) - + - Exhibit F Franchise Tax Board Record Layout Specifications (FTB 909A) - + Exhibit G Confidentiality Statement (FTB 712) -
Items shown with an astensk (*), are hereby mcorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at https:l/www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Concord

CONTRACTOR BUSINESS ADDRESS
1950 Parkside Dr. MS-06

PRINTED NAME OF PERSON SIGNING
Margaret O'Brien

CONTRACTOR AUTHORIZED SIGNATURE
CITY
Concord
TITLE
Finance Director

DATE SIGNED
!STATE
CA
Pages
3 1
GTC0225
5 2
1 1
IZIP
94519
Paqe 1 of 2
Attachment 2

SCOID: 7730-0000000000000000000130917
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES �--------------.�------------�

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

CONTRACTING AGENCY NAME
Franchise Tax Board

CONTRACTING AGENCY ADDRESS
P.O. Box 2086, MS A-374

PRINTED NAME OF PERSON SIGNING
Michael A. Banuelos

CONTRACTING AGENCY AUTHORIZED SIGNATURE

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL

AGREEMENT NUMBER
000000000000000000130917
PURCHASING AUTHORITY NUMBER (If Applicable)

STATE OF CALIFORNIA

CITY STATE ZIP
Rancho Cordova CA 95741
TITLE
Procurement and Contracting Officer or Designee

DATE SIGNED
EXEMPTION (If Applicable)
SCM Vol. 1, 4.04.A.2
Paqe 2 of 2

State of California City of Concord
Franchise Tax Board Agreement 130917

EXHIBIT A: SCOPE OF WORK
This Agreement is entered into by and between the Franchise Tax Board, herein after referred to as (FTB), and the City of Concord
, herein after referred to as the City.

Purpose:

This Agreement provides for the reciprocal exchange between FTB and the City tax data specific to city business license information for tax administration purposes. By entering into a reciprocal agreement, each party agrees to bear its own costs of providing the data, and the City is precluded from obtaining reimbursement.

Both parties will abide by the legal and confidential provisions of this Agreement. Exhibits A,

B, D, E,
F, and G, attached hereto and incorporated by reference herein, set forth additional terms to which the parties agree to be bound.

No Federal Tax Information will be exchanged.

Legal Authority:

California Revenue and Taxation Code (R&TC) Section 19551.1 authorizes a reciprocal agreement for the exchange of specified tax information between a City/County and FTB. R&TC Section 19551.5 mandates cities/counties to provide city/county business licensing and tax information to FTB upon request.

City Responsibilities:

1. The City agrees that the information provided by FTB will be used exclusively to administer the City/County Business Tax Program.

2. The City agrees that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose; and will only be accessed or used by City employees whose duties are to administer the City/County Business Tax Program.

3. The City agrees to provide FTB with tax information pursuant to Format Specifications, Exhibit E, which shall include, but not be limited to, the following:
 Business or owner’s name
 Business address
 Federal Employer Identification Number (FEIN) or Social Security Number (SSN)  Ownership type
 North American Industry Classification Code or Standard Industry Classification Code  Business start and cessation dates
 City Business Tax Number, to be assigned to the City by FTB

4. The City agrees to extract and provide city data to FTB annually between April and July for each tax year that the Agreement is in place. If the Agreement is executed after Ju ly 31, 2027, the City
will have 30 days after execution to provide FTB with the first year’s data.

Attachment 3

State of California City of Concord
Franchise Tax Board Agreement 130917

5. The City agrees to submit the records to FTB electronically using FTB's Secure Web Internet File Transfer (SWIFT) system.

6. The City agrees to submit the records to FTB in ASCII fixed-length format, .txt, per the Format Specifications, Exhibit E.

7. The City agrees to resubmit data in the event data is initially submitted with errors. The resubmission of data must be within 30 days of notification. If data is not submitted accurately and timely, the City will forfeit its rights to FTB data for that year.

8. The City agrees that each City employee having access to FTB data shall sign a City/County Business Tax Program Confidentiality Statement, FTB 712 (Exhibit G). The signed statement is to be retained by the City and produced to FTB upon request.

9. The City agrees to submit to FTB a completed Security Questionnaire prior to receiving any FTB data. The Security Questionnaire is valid for the duration of the Agreement.

10. The City agrees to provide, prior to FTB’s first transmission of data to City under this Agreement, a copy of the current resolution, order, or minutes reflecting passage of a motion, or ordinance of the local governing body authorizing the execution of this specific Agreement. Prior to receipt of such authorization, FTB is not obligated to provide data under this Agreement.

FTB Responsibilities:

1. FTB agrees that information provided by the City will be used for tax administration and non-tax programs that FTB administers and may be shared with other state or federal agencies as authorized by law.

2. FTB agrees that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose, except as provided in paragraph 1 or otherwise authorized by law.

3. FTB agrees to provide the City with data extracted from its internal systems. FTB will provide the City with records for taxpayers within the City’s jurisdiction who indicate a business on their personal or business entity income tax return. The Record Layout, Exhibit F, FTB 909A shall include:
 Taxpayer name
 Taxpayer address
 Taxpayer SSN or FEIN
 Principal Business Activity code

4. FTB agrees to match the data provided by the City using the SSN or FEIN against FTB’s data with a “Yes” or “No” indicator on the Record Layout, Exhibit F, FTB 909A. The first year’s data match is at the discretion of FTB based on when the data is received from the City and processed.

5. FTB agrees to provide the City with an annual data extract in December 2027 for tax year 2026, in December 2028 for tax year 2027, and in December 2029 for tax year 2028 via SWIFT.

State of California City of Concord
Franchise Tax Board Agreement 130917

6. FTB agrees to register the City for a SWIFT account allowing for the secure electronic transmission of data.

7. FTB agrees to provide the City with a unique City Business Tax Number to be used for reporting purposes only.

8. FTB agrees to allow the City to resubmit data within 30 days of notification, in the event data is initially submitted with errors.

Project Coordinators:

The project coordinators during the term of this Agreement will be:

Franchise Tax Board City of Concord
Tonya Banyai Himmat Bains
City/County Business Tax Program Analyst Senior Financial Analyst Data Oversight Program 1950 Parkside Dr. MS-06
P.O. Box 1468, Mailstop A181 Concord CA 94519-2578 Sacramento, CA 95812-1468 Phone: (925) 671-3183
Phone: (916) 845-4301 Email: [email protected] Email: [email protected]

Return executed agreement to:

Franchise Tax Board
Tonya Banyai
City/County Business Tax Program Analyst
Data Oversight Program
P.O. Box 1468, Mailstop A181
Sacramento, CA 95812-1468
Phone: (916) 845-4301
Email: [email protected]

State of California City of Concord
Franchise Tax Board Agreement 130917

EXHIBIT B:

BUDGET DETAIL AND PAYMENT PROVISIONS
This data exchange is provided at no cost.

State of California City of Concord
Franchise Tax Board Agreement 130917

EXHIBIT D: NON-IT FTB SPECIAL PROVISIONS

1. STATEMENT OF CONFIDENTIALITY
The Franchise Tax Board has state tax return information and other confidential information and data in its custody. Unauthorized inspection or disclosure of state returns or other confidential information or data is a misdemeanor (Revenue and Taxation Code Sections 19542, 19542.1, 19542.3 and 19552, and Government Code Section 90005).

For purposes of this exhibit, the terms “information” and “data” are used interchangeably and each, when used, encompasses the meanings of both terms. As used in this exhibit, the terms “confidential information” and “confidential data” each include “sensitive information and data”. As used for this exhibit, the term “Party” means FTB, Contractor, or Contracting Agency.

Upon the approval of this Agreement and prior to any access to the confidential data, the Party receiving the information from FTB and each of the Party’s employees, subcontractors, and subcontractors’ employees who may have access to the confidential data
of the other Party, will be required to have on
file annually a signed Confidentiality Statement (FTB Form 7904 or 7912), attesting to the fact that they are aware of the confidential data and the penalties for unauthorized access, inspection, acquisition, or disclosure thereof under applicable state and federal law.

The Contractor, the Contactor's subcontractors and each of the Contractor's and subcontractors' employees who may have access to the confidential data shall be required to complete Privacy, Security, and Disclosure Training (PSDT) provided by FTB. The training must be completed within two (2) State business days of commencing work with FTB, and annually thereafter. Upon completion of the PSDT, a Privacy, Security and Disclosure Training Certification (FTB Form 7819) will be provided, to be signed confirming that the training was completed, and returned to FTB.

2. USE OF INFORMATION
Each Party receiving FTB’s data agrees that the information furnished or secured pursuant to this Agreement shall be used solely for the purposes described in the Scope of Work of Exhibit A. Each Party receiving FTB’s data further agree(s) that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose other than as identified in the Scope of Work of Exhibit A.

3. DATA OWNERSHIP
The confidential tax information or other confidential information provided under this Agreement remains the exclusive property of the providing Party. Confidential tax information and other confidential information are not open to the public and require special precautions to protect from loss and unauthorized access, inspection, acquisition, use, disclosure, modification, or destruction. Each Party shall have the right to use and process the disclosed information for the purposes stated in the Scope of Work of Exhibit A of this Agreement, which right shall be revoked and terminated immediately upon termination of this Agreement.

4. EMPLOYEE ACCESS TO INFORMATION
Each Party receiving data agrees that the information obtained will be kept in the strictest confidence and shall make information available to its own employees only on a “need-to-know” basis. The “need-to- know” standard is met by authorized employees who need information to perform their official duties in connection with the uses of the information authorized by this Agreement. Each Party receiving data recognizes its responsibility to protect the confidentiality of the information in its custody as prov ided by law and to ensure that such information is disclosed only to those individuals and for such purposes as are authorized by law and this Agreement.

State of California City of Concord
Franchise Tax Board Agreement 130917

EXHIBIT D: NON-IT FTB SPECIAL PROVISIONS

5. PROTECTING CONFIDENTIAL INFORMATION/ INCIDENT REPORTING Each Party receiving data, in recognizing the confidentiality of the information to be exchanged, agrees to take all appropriate precautions to protect the confidential information obtained pursuant to this Agreement from unauthorized access, use, or disclosure. Each Party receiving data will conduct oversight of its users with access to the confidential information provided under this Agreement, and will immediately notify FTB’s Information Security Audit & Investigations Unit ([email protected]) of any unauthorized or suspected unauthorized accesses, uses and/or disclosures (incidents). For purposes of this section, “immediately” is defined as within 24 hours of the discovery of the breach or suspected breach. The notification must describe the incident in detail and identify responsible personnel (name, title and contact information). The Party with an incident will comply with the incident reporting requirements in accordance with Civil Code Section 1798.29, State Administrative Manual (SAM) Chapter 5300 and Section 8643, and Statewide Information Management Manual 5340-A and 5340-C to facilitate the required reporting to the taxpayer(s) or state oversight agencies.

6. INFORMATION SECURITY
Information security is defined as the preservation of the confidentiality, integrity, and availability of information. A secure environment is required to protect the confidential information obtained by each Party or entity pursuant to this Agreement. Each Party or entity receiving data will store information so that it is physically secure from unauthorized access. The records received will be securely maintained and accessible only by employees of the specified program who are committed to protect the d ata from unauthorized access, use or disclosure. All FTB electronic data must be encrypted when in transit using FIPS 140-3 approved encryption technology, and be password protected and secure at all times when in storage. Confidential information obtained from FTB must be secured in accordance with the SAM, including Chapters 5100 and 5300 (Information Security), and National Institute of Standards and Technology (NIST) Special Publication 800-53 (moderate); and additional security requirements provided by FTB. FTB may require that a Security Questionnaire for the entity receiving confidential data from FTB be completed or be on file with FTB’s Chief Security Officer, or their designee.

7. CLOUD COMPUTING ENVIRONMENT
Each entity receiving FTB’s confidential data must submit a completed FTB Cloud Computing Questionnaire before using a Cloud Computing Environment. The questionnaire will be reviewed for approval by FTB’s Chief Security Officer, or their designee. A Cloud Computing Environment cannot be used to receive, transmit, store or process FTB’s confidential data without prior written approval from FTB’s Chief Security Officer, or their designee.

8. GENERATIVE AI DISCLOSURE OBLIGATIONS
The following terms are in addition to the defined terms and shall apply to the Agreement. a. “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)
b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) section 4986.2
Definitions for GenAI.
c. Notification shall be provided to the State designee identified in this Contract.

State of California City of Concord
Franchise Tax Board Agreement 130917

EXHIBIT D: NON-IT FTB SPECIAL PROVISIONS
d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.
e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State. f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.

9. DESTRUCTION OF RECORDS
All records received by the Contractor from FTB under this Agreement, and any database(s) created, copies made, or files attributed to the records received, shall be destroyed within three years of receipt or upon termination of the agreement due to a breach of its terms, whichever occurs earlier. The records shall be destructed in a manner to be deemed unusable or unreadable, and to the extent that an individual record can no longer be reasonably ascertained. The Contractor will notify FTB Contractor Business Tax program manager annually in writing at
[email protected] that proper destruction
methods have been applied. FTB will destroy Contractor data in accordance with the department’s data retention policies.

10. INSPECTION
FTB retains the right to conduct on-site or remote reviews of the other Party’s use of FTB information and the security controls established. The reviews may include, but are not limited to, an examination of the adequacy of information security controls, application of the “need-to-know” standard, and use justifications established by the Party to ensure compliance with the terms and conditions of this Agreement. Unless otherwise agreed by the Parties, FTB will provide a minimum of seven (7) State business days’ notice of a review of the use of FTB information.

The Contractor will take appropriate disciplinary actions against any user determined to have violated security or confidentiality requirements.

11. SURVIVAL OF OBLIGATION TO PROTECT DATA
Each Party’s obligation to protect the data and information received from the other Party shall survive the expiration or termination of this Agreement. In the event a Party continues to provide any data or information to the other Party after the expiration or termination of this Agreement, the receiving Party agrees to continue to protect all such data and information received in accordance with the provisions of this Agreement, including all Attachments and Exhibits incorporated in this Agreement or listed by reference, and all applicable state and federal laws.

12. DISPUTE RESOLUTION
The Parties agree to work cooperatively and in good faith in a timely manner to attempt to resolve any disputes resulting from their conduct under this Agreement. Problems shall be set down in writing by the Party initially identifying the problem and submitted within ten (10) calendar days of discovery of the problem to the other Party for resolution.

If the Parties are unable to resolve an issue within
thirty (30) calendar days of the written notice despite their good faith efforts, the Contractor shall file a “Notice of Dispute” with FTB’s Chief Financial Officer within ten (10) calendar days of determination that the Parties are unable to resolve the issue. Within ten (10) calendar days, FTB’s Chief Financial Officer, or their designee, shall meet with the

State of California City of Concord
Franchise Tax Board Agreement 130917

EXHIBIT D: NON-IT FTB SPECIAL PROVISIONS
Contractor Designee for purposes of resolving the dispute. The decision of the Chief Financial Officer shall be final.

Upon resolution of a dispute, such resolution shall be set forth in writing and shall be maintained by the Parties.

13. EXECUTIVE ORDER N-6-22 RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate Agreements with, and to refrain from entering any new Agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty (30) calendar days to provide a written response.

Termination shall be at the sole discretion of the State.

14. ORDER OF PRECEDENCE
In the event of any inconsistency between the articles, attachments, specifications or provisions which constitute this Agreement, the following order of precedence shall apply:
a. State’s General Terms and Conditions (GTC
02/2025), or State’s General Terms and Conditions
for Interagency Agreements (GIA – 11/2022), whichever is listed on the face of the Standard Agreement (STD 213) or Purchase Order;
b. Standard Agreement (STD 213), Purchase Order, and any amendments thereto; c. Scope of Work, including any specifications incorporated by reference herein; d. these Special Non-IT Terms and Conditions; and
e. all other attachments or exhibits incorporated in the Agreement or listed by reference.

15. LIMITED WARRANTY
Neither party represents or warrants the accuracy or content of the material available through this Agreement, nor each expressly disclaims any express or implied warranty, including any implied warranty of fitness for a specific purpose.

16. CANCELLATION
FTB may terminate this Agreement for any reason upon thirty (30) calendar days’ prior written notice. FTB may terminate this Agreement immediately, to be followed by written notice, upon material breach by Contractor of the terms of this Agreement. In the event of such termination, FTB shall pay all amounts due under this Agreement to the Contractor for services or goods accepted prior to date of termination, or notification of termination.

Either Party may terminate this Agreement for any reason upon thirty (30) calendar days’ prior written
notice. This Agreement may be terminated immediately, to be followed by written notice, by either party upon material breach by the other party of the terms of this Agreement.

17. NO THIRD-PARTY LIABILITY
Nothing contained in or related to this Agreement shall create any contractual relationship between either of the Parties and any other party, except between FTB and the Contractor; and no other party shall relieve the Contractor or FTB of its responsibilities and obligations hereunder. Each of the Parties agrees to be fully responsible for the acts and omissions of its third-party contractors and agents, and of persons

State of California City of Concord
Franchise Tax Board Agreement 130917

either directly or indirectly employed by the Party. Neither of the Parties shall have any obligation to pay, or to see to the payment of, any monies to any party or persons either directly or indirectly employed by the other.

State of California City of Concord
Franchise Tax Board Agreement 130917

EXHIBIT E

CITY AND COUNTY RECORD
LAYOUT SPECIFICATIONS (FTB 909)
Data Element Name Start Position End Position Field Size Description Social Security Number (SSN) 1 9 9 Must be present unless FEIN is provided.

Fill unused fields with zeros.

Federal Employer ID Number (FEIN) 10 18 9 Must be present unless SSN is provided.

Fill unused fields with zeros.

Ownership Type 19 19 1 Must be present. Use only acceptable values listed here:

S = Sole Proprietorship
P= Partnership
C = Corporation
T = Trust
L = LLC
Owner Last Name 20 34 15 Must be present if Ownership Type in position 19 = S.

Owner First Name 35 45 11 Must be present if Ownership Type in position 19 = S.

Owner Middle Initial 46 46 1 May be left blank.

Business Name 47 86 40 Enter if business is operating under a fictitious name (doing business as
(DBA)).

Business Address 87 126 40 Address of the business location or the residence of the owner if sole
proprietorship.

City 127 166 40 Must be present.

State 167 168 2 Enter the valid U.S. Postal Service
(USPS) state abbreviation. Format = CA

State of California City of Concord
Franchise Tax Board Agreement 130917

ZIP Code 169 177 9 Enter the five- or nine-digit ZIP Code assigned by USPS. If only the first five
digits are known, left justify information
and fill the unused fields with zeros.

Data Element Name Start Position End Position Field Size Description Business Start Date 178 185 8 Enter the eight-digit date (MMDDYYYY).

If unknown, fill the field with zeros.

Business Cease Date 186 193 8 Enter the eight-digit date (MMDDYYYY) if out of business. If unknown, fill the
field with zeros.

City/County Business Tax Number 194 196 3 Enter three-digit number assigned by FTB.

North American Industry
Classification System
(NAICS)
197 202 6 Must be present unless SIC is provided.

Enter the two- to six-digit NAICS code.

Left Justify. Fill unused field with zeros
(example, 99 will be 990000).

Standard Industrial
Classification (SIC)
203 206 4 Must be present unless NAICS is
provided. Enter the two- to four-digit SIC
code. Left justify. Fill unused fields with
zeros (example, 99 will be 9900).

Total Record Length 206

State of California City of Concord
Franchise Tax Board Agreement 130917

EXHIBIT F
FRANCHISE TAX BOARD RECORD LAYOUT SPECIFICATIONS (FTB 909A) Data Element Name Length Start Position Description
ENTITY TYPE 1 1 “P” – Personal income tax record
“B” – Business entity tax record
SSN or FEIN 9 2 For “P” records, primary taxpayer’s social security number (SSN) For “B” records, federal employer identification number (FEIN) LAST NAME 40 11 For “P” records, primary taxpayer’s last name For “B” records, business name
FIRST NAME 11 51 For “P” records only
MIDDLE INITIAL 1 62 For “P” records only
SPOUSE SSN 9 63 For “P” records filed with a joint return SPOUSE LAST NAME 17 72 For “P” records filed with a joint return SPOUSE FIRST NAME 11 89 For “P” records filed with a joint return SPOUSE MIDDLE INITIAL 1 100 For “P” records filed with a joint return PBA CODE 6 101 For “P” records, principal business activity (PBA) code ADDRESS NUMBER 10 107
PRE-DIRECTIONAL DIRECTOR 2 117 Postal Service term referring to the directional word that is located before the street name and suffix (i.e., N, S, E, W, NE, NW, SE, SW) STREET NAME 28 119
STREET SUFFIX 4 147 e.g. ST, WAY, HWY, BLVD, etc.

POST-DIRECTIONAL INDICATOR 2 151 Postal Service term referring to the directional word that is located after the street name and suffix
(i.e., N, S, E, W, NE, NW, SE, SW)
STREET SUFFIX 2 4 153
APARTMENT/SUITE NUMBER 10 157 e.g., APT, UNIT, FL, etc.

CITY 13 167
STATE 2 180 Standard state abbreviation
ZIP CODE 5 182 The five-digit ZIP Code assigned by the U.S. Postal Service ZIP CODE SUFFIX 4 187 Provide if known
CCBT MATCH 1 191 “N” – No match per CCBT data. “Y” – Yes: CBT matched to state tax return filed
TOTAL RECORD LENGTH 191

EXHIBIT G

CONFIDENTIALITY STATEMENT (FTB 712)

STATE OF CALIFORNIA
DISCLOSURE OFFICE MS A181

FRANCHISE TAX BOARD
PO BOX 1468
SACRAMENTO CA 95812
-1468
City/County Business Tax Program Confidentiality Statement Confidential tax data is protected from disclosure by law, regulation, and policy. Information security is strictly enforced; violators may be subject to disciplinary, civil, and/or criminal action. Protecting confidential tax data is in the best interest of the city, county, and state.

As a city/county employee, you
are required to protect all information received from the Franchise Tax Board (FTB). To protect confidential tax data, you must:
• Access or modify tax data solely to perform official duties. • Never access or inspect tax data for curiosity or personal reasons. • Never show or discuss confidential tax data with anyone who does not have a need to know. • Never remove confidential tax data from your worksite without authorization. • Place confidential tax data in approved locations only.

Unauthorized inspection, access, use, or disclosure of confidential tax data is a crime under state laws including, but not limited to, California Revenue and Taxation Code Sections 19542 and 19552 and Penal Code Section 502. Unauthorized access, inspection, use, or disclosure may result in either or both of the following:
• State criminal action
• Taxpayer civil action.

I certify that I have read the confidentiality statement printed above. I further certify and understand that unauthorized access, inspection, use, or disclosure of confidential information may be punishable as a crime and may result in disciplinary and/or civil action against me.

Name (print)
Margaret O'Brien
Each city/county employee accessing FTB data must retain a signed copy of this form and provide it to FTB upon request.

FTB 712 (REV 06
-2016)
Signature
Date

Staff Report
Date: September 8, 2026
To: City Council
From: Mark Bustillos, Chief of Police
Prepared by: Lee Lawrence, Provisional Sergeant
[email protected]
(925) 603-5963
Subject: Considering adoption of a Resolution accepting and appropriating grant funding from the California Office of Traffic Safety (OTS) in the amount of $270,000 for Select Traffic Enforcement Program and appropriation of funds and
approval for use for the City’s Selective Traffic Enforcement Program (Project No. 27037).

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)(3).

Report in Brief
The Concord Police Department has been approved for grant funds from the State of California Office of Traffic Safety (OTS) in the amount of $270,000 as part of a Selective Traffic Enforcement Program. The funds will be used for conducting traffic enforcement operations in the City of Concord from October 1, 2026, through September 30, 2027, and in covering the costs of additional training for traffic enforcement personnel. The approved funds will be administered by the Police Department Traffic Bureau.

Recommended Action
Adopt a resolution accepting and appropriating grant funding from the California Office of Traffic Safety (OTS) in the amount of $270,000 for Select Traffic Enforcement and appropriation of funds and approval for use for the City’s Selective Traffic Enforcement Program (Project 27037).

4.f4.f4.f

City Council Agenda Report
Agenda Item No. 4.f
September 8, 2026
Background
The City of Concord continues to experience a significant number of vehicle traffic collisions, alcohol involved fatal and injury traffic collisions, and traffic collisions involving pedestrians.

Between October 1, 2025, and September 30, 2026, the Concord Police Department Traffic Bureau used previous OTS grant funding to conduct three DUI checkpoints, twelve DUI Saturation Patrols (four to be completed by September 30, 2026), seven Traffic Enforcement operations including violations which are the primary factors which cause or contribute to collisions, six Distracted Driving enforcement operations, one Bicycle/Pedestrian Safety enforcement operation two Traffic Safety Educational presentations, one specialized street racing and sideshow enforcement operation, four collaborative DUI Enforcement operations (three to be completed by September 30, 2026), two collaborative Traffic Enforcement operations (to be completed by September 30, 2026), and two Traffic Safety Education presentations to local schools and community groups.

Grant funds were also used to pay for training, including: sending one officer to SFST Instructor training, one officer to the OTS Law Enforcement Forum, and will send two officers to Standardized Field Sobriety Testing (SFST) training, two officers to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) training, one officer to Drug Recognition Expert (DRE) training, and one officer to DRE Recertification training.

With the support of the OTS grant monies, 24 drivers were arrested for DUI (as of June 30, 2026).

Analysis
The OTS grant funds will be used to pay for all personnel and related material costs associated with the grant objectives during the period of October 1, 2026, to September 30, 2027, and will be used for the following purposes:
▪ To send two law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST);
▪ To send two law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE);
▪ To send one law enforcement staff member to the DRE training; ▪ To send one law enforcement staff member to the DRE Recertification training; ▪ To send one law enforcement staff member to SFST Instructor training; ▪ To conduct three DUI/DL Checkpoints;
▪ To conduct 13 DUI Saturation Patrol operations;
▪ To conduct seven Traffic Enforcement operation(s), including but not limited to, primary crash factor violations;
▪ To conduct two highly publicized Distracted Driving enforcement operations targeting drivers using handheld cell phones and texting; ▪ To conduct one highly publicized Motorcycle Safety enforcement operation in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers.

City Council Agenda Report
Agenda Item No. 4.f
September 8, 2026
▪ To conduct two highly publicized pedestrian and/or bicycle enforcement operations in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers.
▪ To conduct two Traffic Safety educational presentations with an effort to reach community members
▪ To conduct one Know Your Limit campaign with an effort to reach members of the community;
▪ To participate in four highly visible collaborative DUI Enforcement operations; ▪ To participate in three highly visible collaborative Traffic Enforcement operations; and
▪ To conduct three specialized enforcement operations focusing specifically on street racing and sideshow activities.

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), 15273, and/or 15378 including subsection (b)(4).

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

No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply.

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

Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution Accepting and Appropriating Grant Funds for Selective Traffic Enforcement

2. California Office of Traffic Safety (OTS) Grant Agreement

Res. No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting and Appropriating Grant
Funding from the California Office of Traffic Safety
(OTS) in the Amount of $270,000 for Select Traffic
Enforcement and Appropriation of Funds and
Approval for Use for the City’s Selective Traffic
Enforcement Program
Resolution No. 26-XX
/
WHEREAS, the Office of Traffic Safety (OTS) approved grant funds to the Concord Police Department in the amount of $270,000 as part of a Selective Traffic Enforcement Program; and WHEREAS, the funds will be used for conducting selective traffic enforcement operations in the City of Concord during the period of October 1, 2026, to September 30, 2027; and WHEREAS, the appropriation of these funds and approval for conducting selective traffic enforcement operations amends the Police Department Operating Budget for Fiscal Year 2026-27; and WHEREAS, the Chief of Police has recommended acceptance of the California Office of Traffic Safety grant funds in the amount of $270,000 for the Concord Police Department’s Selective Traffic Enforcement Program to enhance public safety.

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

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

Section 2. Accepts grant funds in the amount of $270,000.

Section 3. Authorize the appropriation of these funds and the Chief of Police to use these funds for expenditure on the Selective Traffic Enforcement Program.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

Attachment 1

Res. No. 26-XX 2
PASSED AND ADOPTED by the City Council of the City of Concord on September 8, 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 September 8, 2026.

Monique Robinson
Interim City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

7/6/2026 12:01:25 PM Page 1 of 20

State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT27037

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Concord From:

To:
10/01/2026
09/30/2027 4. AGENCY UNIT TO ADMINISTER GRANT
Concord Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. In addition, the department will participate in community collaboration and engagement activities to engage in conversations regarding traffic safety with community members.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $270,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A – Problem Statement, Goals and Objectives and Method of Procedure • Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A – Certifications and Assurances
• Exhibit B* – OTS Grant Program Manual
• Exhibit C – Grant Electronic Management System (GEMS) Access

*The item shown with an asterisk (*), is hereby incorporated by reference and made a part of this agreement as if attached hereto. This document can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

Use of OTS Grant Agreement template in lieu of the California Model Agreement (CMA) The California Office of Traffic Safety (OTS) utilizes its standardized OTS Grant Agreement template for awards. The format, structure, and uniformity of the OTS Grant Agreement template allows for processing through Grant Electronic Management System (GEMS). OTS’s approach to using the OTS Grant Agreement template is consistent with the California Model Agreement (CMA) developed by University of California Office of the President (UCOP) and directed by the Department of General Service (DGS). For more information, please review the OTS Grant Program Manual.

Pre-Agreement Work
No work shall commence and no costs shall be incurred prior to the grant start date or the grant agreement being fully signed and executed. Any such costs are incurred at the grantee’s own risk and may not be reimbursed.

7/6/2026 12:01:25 PM Page 2 of 20

8. Approval Signatures
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the grant terms and conditions described herein.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Lee Lawrence

Officer

[email protected]

(925) 603-5963

1350 Galindo Street
Concord, CA 94520
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Mark Bustillos

Police Chief

[email protected]

(925) 671-3194

1350 Galindo Street
Concord, CA 94520

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jonathan Palmer

Supervising Accountant

[email protected]

(925) 671-3335

1950 Parkside Drive
Concord, CA 94520
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Stephanie Dougherty

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Mary Khang

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

R18EUE4LETK7

1950 Parkside DR
MS/06
Concord
94519-2526
ADDRESS: 2208 Kausen Drive Suite 300

Sacramento, CA 95758

7/6/2026 12:01:25 PM Page 3 of 20

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $270,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above, notwithstanding allocations contingent on availability of federal funds.
$270,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $270,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT27037

1. PROBLEM STATEMENT

Describe the city, county, or jurisdiction this grant will impact.

The City of Concord, situated 29 miles east of San Francisco within Contra Costa County, spans approximately 31 square miles. As of 2024, it has a population of 124,016 residents, making it the largest city in the county. The city experiences heavy traffic due to its strategic location, providing easy access to San Francisco, Napa Valley, Silicon Valley, Central Valley and Sacramento. Concord's central position results in a significant volume of traffic on key arterial streets like Ygnacio Valley Road, Clayton Road, Willow Pass Road, Treat Boulevard, Monument Boulevard, and Concord Avenue, with each experiencing over 37,000 vehicles daily.

The downtown area features a grid pattern of multi-lane streets, including some one-way thoroughfares, contributing to concentrated traffic. Crash data from January 1, 2023, to December 31, 2025, highlights the top four crash factors: unsafe speed, improper turning violations, traffic sign/signal violations, and driving under the influence.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

The review of Concord's 2023-2025 crash data reveals 3,803 crashes during this period. The city consistently ranks in the upper quartile for injury/fatal crashes related to drivers under the influence, unsafe speed, and pedestrian violations. There were 11 fatalities recorded from January 1, 2023, to December 31, 2025 (down 0.0%), with 4 linked to drivers under the influence (up 33.3%). The Concord Police Department remains proactive in combating impaired driving through DUI Saturation Patrols and ongoing enforcement, resulting in 947 DUI arrests (up 5.7%) during the mentioned period.

Impaired drivers accounted for 360 (9.53%) crashes in Concord, with 30.0% resulting in injury or death.

Steady efforts, including High Visual Enforcement (HVE) and saturation operations and DUI Checkpoints, aim to raise awareness and contribute to reducing DUI-related incidents.

The Police Department encourages officers to focus on enforcement measures targeting alcohol and speed- related crashes, as well as enhancing pedestrian and bicyclist safety. The gradual increase in staffing levels allows for more effective deployment, with the Traffic Bureau currently comprising seven officers.

Analyzing crash data gathered from intersections, the City of Concord identifies "traffic safety problems" associated with unsafe speed, improper turning violations, traffic sign/signal violations, and driving under the influence. The observed surge in hazardous, non-DUI driving behavior directly corresponds to a rise in injury and fatality crashes. Contributing factors include traffic congestion, lack of attentiveness to the road, disregard for others, and non-compliance with traffic laws.

To address these "traffic safety issues" in Concord, evidence-based police solutions involve deploying officers to areas with higher crash rates, outlined by statistical and data-driven evidence. Additionally, targeted enforcement will be implemented to address the leading primary crash factors. The outlined objectives aim to facilitate the execution of at least one or more operations monthly, effectively tackling the identified "traffic safety issues."
Statistics affirm a direct correlation between focused enforcement/education and a lower crash rate in Concord. The implementation of a Strategic Traffic Enforcement Program is envisioned to further enhance the department's success in addressing issues related to the city’s top four Primary Crash Factors: unsafe speed, improper turning violations, traffic sign/signal violations, and driving under the influence. In addition, the Department actively works to promoting pedestrian and bicyclist safety and awareness through public outreach, educational and enforcement activities.

Throughout 2025, crash data has revealed 1,220 crashes (-8.6% y-o-y) during this time frame. A large portion of these crashes occur within or in close proximity to many major intersections within the City of Concord. This is mainly due to unsafe speed, improper turning, traffic sign/signal violation, and DUI-related violations. These crashes typically occur during morning and evening commute hours, when the City of Concord faces the heaviest traffic load. The Concord Police Department intends on taking proactive steps to address traffic safety issues, especially given the significant number of crashes reported in 2025. High- visibility enforcement will help deter dangerous driving behaviors and reduce the frequency of crashes. By focusing on unsafe speed, improper turns, traffic sign/signal violation, and DUI-related violations —

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especially during peak commute hours— this effort should effectively target some of the highest prominence primary causes of crashes.

Define the target population the grant intends to serve and how they are affected by the problem(s).

The grant intends to target multiple populations most impacted by traffic-related issues in the City of Concord. Some of the target populations include pedestrians, cyclists, young drivers, elderly drivers, low- income neighborhood residents, motorcycle riders, and criminal offenders who drive a vehicle under the influence of alcohol or drugs. These target populations are often particularly vulnerable to traffic crashes, especially in areas with high foot traffic and busy roadways. Teens and young adults lack the requisite driving experience and often take risks when driving, like texting or talking on the phone or otherwise being inattentive to their surroundings, which often leading to traffic crashes. An uptrend in the prevalence of E- bikes has increased community concern for unsafe riding on city roads and sidewalks, and have been the cause of calls for service, and hit and run and injury crashes. Elderly drivers often cause traffic crashes due to diminished reaction time, vision impairments, or other health concerns. Low-income neighborhoods are often densely populated which leads to a higher amount of traffic crashes involving pedestrians and/or bicyclists. Motorcycle riders often participate in risky behavior such as speeding or weaving in and out of traffic leading to major injury crashes. Criminal offenders driving under the influence of alcohol or drugs can lead to fatal traffic crashes for all of the involved parties. Everyone living, visiting, or commuting in the City of Concord can be a target population and are often affected by traffic related problems on a daily basis. The grant will provide necessary funding to implement high visibility enforcement, education among the target populations, and engineering around the roadways.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a 12

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suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. Report on the outcomes of the “DUI BOLO” program.

4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
1 7. Send law enforcement personnel to the DRE Recertification training. 1

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
3 9. Conduct DUI Saturation Patrol operation(s). 13

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
5 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
8 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 1 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 1 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 15. Conduct Know Your Limit campaigns with an effort to reach members of the community.
2 16. Participate in highly visible collaborative DUI Enforcement operations. 2

17. Participate in highly visible collaborative Traffic Enforcement operations. 4

18. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
3 19. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
1 20. Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members.
4 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) • The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
• Conduct all training needed to implement the program, in the first quarter. • Purchase all grant related supplies and materials to implement the program, in the first quarter. • Items with a unit cost of $5,000 more (including tax and shipping) must comply with the Buy America Act.

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• In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate the reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements

The following requirements are for all grant-related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
• News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid

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media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
• Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so the OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO at [email protected] and your OTS grant coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of the event within 7 days following significant grant-related event or program. The OTS PIO and your OTS grant coordinator should still be notified in advance when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year must be resubmitted for approval in the current grant year.
• For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and FAQs .
• Email the OTS PIO at [email protected] or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT27037

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164ID-27 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$165,000.00
402PT-27 20.600 State and Community Highway
Safety
$55,000.00
405e DDA-27 20.616 Distracted Driving Awareness $40,000.00 1906-27 20.611 Racial Profiling Prohibition Grants $10,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164ID-27 $14,000.00 3 $42,000.00
DUI Saturation Patrols 164ID-27 $8,400.00 13 $109,200.00 Know Your Limit 164ID-27 $2,500.00 2 $5,000.00
Collaborative DUI Enforcement 164ID-27 $3,000.00 2 $6,000.00 Traffic Enforcement 402PT-27 $5,568.00 5 $27,840.00
Motorcycle Safety Enforcement 402PT-27 $4,176.00 1 $4,176.00 Pedestrian and Bicycle Enforcement 402PT-27 $4,176.00 1 $4,176.00 Street Racing and Sideshow Enforcement
Operations
402PT-27 $4,176.00 1 $4,176.00
Collaborative Traffic Enforcement 402PT-27 $2,000.00 4 $8,000.00 Distracted Driving Enforcement 405e DDA-
27 $5,000.00 8 $40,000.00
Community Collaboration Engagement 1906-27 $2,500.00 4 $10,000.00 Category Sub-Total $260,568.00
B. TRAVEL EXPENSES
In State Travel 402PT-27 $4,632.00 1 $4,632.00
$0.00
Category Sub-Total $4,632.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164ID-27 $2,800.00 1 $2,800.00
Collaborative Meetings 402PT-27 $500.00 4 $2,000.00
Category Sub-Total $4,800.00
F. INDIRECT COSTS
$0.00

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Category Sub-Total $0.00
GRANT TOTAL $270,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT27037

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Community Collaboration Engagement - Overtime for grant funded community collaborative engagement conducted by appropriate department personnel.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Summit – November 2026 – San Diego, CA, OTS Traffic Safety Law Enforcement Forum, and GHSA Annual Meeting – August 2027 – Anaheim, CA. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.

Collaborative Meetings - Costs for law enforcement agencies to discuss traffic safety trends and plan collaborative operations. Costs may include food and beverages for attendees, additional costs may be included if approved by OTS. Adequate records including an agenda must be maintained.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements.

Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency.

Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

The OTS grant funded activities must be separate from other grant funded program activities and maintained under separate accounting tracking codes (example: the same DUI checkpoint may not be funded by both the CHP Cannabis Tax Fund and the OTS).

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

• 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
• 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)

The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
• Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38

State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT27037

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES

More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1] in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the

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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub- recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)

The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or Page 20 of 25

7/6/2026 12:01:25 PM Page 16 of 20

rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)

The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

7/6/2026 12:01:25 PM Page 17 of 20

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and Page 22 of 25

7/6/2026 12:01:25 PM Page 18 of 20

its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of Page 23 of 25

7/6/2026 12:01:25 PM Page 19 of 20

records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS

7/6/2026 12:01:25 PM Page 20 of 20

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)

The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE

In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING

In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

5.a

August 27, 2026

The Honorable Sharon Quirk-Silva
Member, California State Assembly
1021 O Street, Room 4210
Sacramento, CA 95814

RE: AB 956 (Quirk-Silva) Accessory Dwelling Units: Ministerial Approval: Single-Family Dwellings Notice of OPPOSITION (As of 5/27/26)

Dear Assembly Member Quirk-Silva,

The City respectfully opposes AB 956 (Quirk-Silva), which would require local agencies to ministerially approve the development of two detached accessory dwelling units (ADUs) in any residential or mixed- use zone.

Housing affordability and homelessness are among the most critical issues facing California cities.

Affordably priced homes are out of reach for many residents, and housing is not being built fast enough to meet current or projected needs. Cities help lay the groundwork for housing production by planning and zoning for new homes based on extensive public input, state housing laws, and the needs of the building industry.

While the City of Concord appreciates your desire to pursue housing production, AB 956, as currently drafted, would not spur much-needed housing construction in a manner that supports local flexibility, decision-making, and community input. State-driven ministerial or by-right housing approval processes fail to account for the extensive public engagement and costs involved in developing and adopting zoning ordinances and state -mandated housing elements certified by the California Department of Housing and Community Development.

This proposal also raises serious concerns regarding infrastructure and public services. AB 956 would require approval of up to two detached ADUs of up to 800 square feet in single -family zones. When combined with separate proposals that would significantly restrict local governments' ability to charge

5.b

impact fees on ADUs larger than 750 square feet, AB 956 could increase residential density while reducing the resources available to support infrastructure, public safety, and essential services.

As the Legislature continues to pursue policies that increase density in single -family neighborhoods, the City of Concord urges a more balanced approach that preserves local flexibility and provides the necessary resources to support growing communities. F or these reasons, the City of Concord respectfully opposes AB 956 (Quirk-Silva).

Sincerely,

Laura M. Nakamura
Mayor

cc: Concord City Council
City Manager Jay Wilverding
Assistant City Manager Justin Ezell
Community Relations Manager Colleen Awad
Concord City Clerk’s Office

August 27, 2026

The Honorable Lori Wilson
Member, California State Assembly
State Capitol, Room 8110
Sacramento, CA 95814

RE: AB 1621 (Wilson) Planning and Zoning Law: Post-entitlement Phase Permits: Housing Accountability Act.

Notice of OPPOSITION (As of 6/3/26)

Dear Assembly Member Lori Wilson,

The City of Concord respectfully opposes AB 1621 (Wilson), which would eliminate the ability of local governments to require more than two plan checks on a building permit application. While we appreciate the intent of streamlining post -entitlement phase permits and supportin g housing production, AB 1621 would create significant practical and policy concerns that impair local governments’ ability to effectively review residential development projects.

Plan review of construction projects is a critical step in ensuring structures built in California are safe for occupants, neighboring properties, and the broader community. Local building and planning departments review plans for consistency with the jurisdiction’s General Plan, state building standards, and other applicable local and state regulations. In addition to health and safety requirements, local governments must also enforce regulations related to parking, air quality, solar requirements, accessibility, and other community standards adopted through public processes. As currently drafted, AB 1621 would restrict a local agency’s ability to deny or require revisions to applications on non - health-and-safety grounds, potentially allowing projects to mo ve forward without compliance with important state and local requirements.

Additionally, provisions in the bill would significantly limit the discretion of local agencies to require corrections when previously approved plans are later found to be inconsistent with applicable building standards.

5.c

For these reasons, the City of Concord respectfully opposes AB 1621 (Wilson).

Sincerely,

Laura M. Nakamura
Mayor

cc: Concord City Council
City Manager Jay Wilverding
Assistant City Manager Justin Ezell
Community Relations Manager Colleen Awad
Concord City Clerk’s Office

5.d

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