Agenda packet — Concord City Council, March 7, 2023 (part 1 of 2)

1 COUNCILMEMBERS
Laura M. Hoffmeister, Mayor
Edi E. Birsan, Vice Mayor
Dominic D. Aliano
Laura M. Nakamura
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
March 7, 2023
5:30 p.m. - Closed Session
6:30 p.m. - Open Session
Closed Session:

City Council
Conference Room
1950 Parkside Drive
Open Session:

Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED MARCH 2, 2023
City Councilmembers will be participating from the Council Chamber. Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

As a courtesy and technology permitting, members of the public may continue to provide live remote oral public comment via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. 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.

NOTICE: The Closed Session portion of the meeting agenda will be held in person only in the City Council Conference Room,
1950 Parkside Drive. Public Comment for the Closed Session item will be taken in person only when the Closed Session begins at 5:30 p.m.

AMENDED AGENDA

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

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

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

2. REMOTE:
a. Zoom:
https://cityofconcord.zoom.us/j/89824493248?pwd=eWsxeEt5alFnanB3a2xKWEo2R2N YQT09 or Zoom Webinar ID: 898 2449 3248 and Passcode: 169475 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

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

1. distributed to the Council before the meeting,

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

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

4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channel 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watching Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 CLOSED SESSION

1. OPENING
Roll Call

2. PUBLIC COMMENT
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 Participate” above.

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

4. RECESS TO OPEN SESSION
4 OPEN SESSION

5. OPENING
Roll Call
Pledge of Allegiance – Vice Mayor Birsan

6. 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 Participate” above.
a. Written Public Comment

7. PRESENTATIONS
a. Presentation – to Trish Beirne, American Red Cross Northern California Coastal Region Leadership Council, proclaiming March 2023 as "Red Cross Month" in the City of Concord. Presentation by Mayor Hoffmeister. b. Presentation – by Aaron Hawkins, General Manager, Live Nation, providing an update on Concord Pavilion. Introduction by Mayor Hoffmeister.

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

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Participate” above. a. Considering – adoption of Ordinance No. 23-1 entitled, "An Ordinance Approving and Adopting a Development Agreement by and between the City of Concord and Culture Club Corporate Enterprise, Inc. (DBA "Culture"), Regarding the Development of Property Located at 1440 Concord Avenue, Suite B, Assessor's Parcel Number: 126-020-108." Ordinance No. 23-1 was introduced on February 14, 2023, by reading of the title only and waiving further reading. Recommended by the City Clerk.

CEQA: Exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301, 15302, 15303, 15304, and/or 15305. 5 b. Considering – adoption of four resolutions ordering the preparation of the Engineer’s Report for the levy of annual assessments for the City’s four Landscape and Lighting Maintenance Assessment Districts (Maintenance district funds). Recommended by the Director of Public Works.

CEQA: Not a “project” under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(3), 15378, and/or 15061(b)(3). c. Considering – approval to increase fiscal year fuel services agreement amounts with Pinnacle Petroleum from $550,000 to $650,000 and Western States Oil from $80,000 to $120,000 for unleaded and diesel fuel services, and authorize appropriations in fiscal year 2022/23 of $136,900 from the General Fund, $5,400 from the Sewer Operating Fund and $3,100 from the Building Maintenance Fund (Fund 630) to be transferred to the Fleet Maintenance Fund (Fund 633). Recommended by the Director of Public Works.
d. Considering – the following:

1. Award of a Construction Contract in the not-to-exceed amount of $1,144,010.45 (base agreement of $1,040,009.50 plus staff authority to spend up to a 10% contingency of $104,000.95) to MCK Services, Inc. for the Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557) located on Oak Grove Road between Treat Boulevard and Contra Costa Canal Trail; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and

2. Approval of a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $252,530.96 (base agreement of $229,573.60 plus staff authority to spend up to a 10% contingency of $22,957.36) to provide construction management, inspection, and materials testing services for Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557) located on Oak Grove Road between Treat Boulevard and Contra Costa Canal Trail; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
6 9. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Participate” above.
a. Considering – a recommendation from the ARPA Ad Hoc Committee (Hoffmeister and Aliano) and adoption of a Resolution authorizing disbursement of $7 million of American Rescue Plan Act funds to nonprofits and authorizing the City Manager to execute grant agreements with awarded nonprofits in a form acceptable to the City Attorney. Report by Justin Ezell, Assistant City Manager.

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

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

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

12. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 3/14/2023 6:30 PM

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

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

From: Linus Farias <[email protected]>
Sent: Thursday, March 2, 2023 8:47 AM
To: Obringer, Carlyn <[email protected]>; Hoffmeister, Laura <[email protected]>; Birsan, Edi <[email protected]>; Aliano, Dominic <[email protected]>; Nakamura, Laura <[email protected]>; Bjerke, Guy <[email protected]>; Ryan, Joan <[email protected]>; City Clerk <[email protected]>; Barone, Valerie <[email protected]> Cc: Linus Farias <[email protected]>
Subject: Re: CNWS Reuse Term Sheet - SUPPORT WITH AMENDMENTS

Dear Mayor Hoffmeister and Councilmembers,
The Concord Naval Weapons Station development is one of the most important development projects in the City's history and we have a unique opportunity to serve as a model for the Bay Area. Last week I received a disturbing email (snippet below) from the 'Save Mt. Diablo' organization, titled, "Which Concord City Councilmember Loves Seeno?," that singled out one of your colleagues, Edi Birsan, for his minority vote on City Staff's recommendation to approve the ENA with Concord First Partners regarding the development plan for the CNWS. Although the email communicates a 'half-truth' about the proceeding, what is more concerning in what it does not say, particularly the suggested implication from the Councilman's support of Seeno. Is Councilman Aliano next?

Freedom of speech and expression is a fundamental tenet of our society, irrespective of one's views. However slander of an individual because of their views, whether direct or implied, should not be considered acceptable. Mayor Hoffmeister, at the next Council meeting, I urge you to publicly support your peer's role on the Council and put such organization's on notice that this type of communication is not aligned with the City of Concord's Mission, Vision and Values, and is unacceptable.

Written Public Comment
Agenda Item No. 6.a
March 7, 2023

6.a

Page 1 of 6 ends

Sincerely,
Linus Farias

On Saturday, January 28, 2023 at 12:48:45 PM PST, Linus Farias <[email protected]> wrote:

Dear Councilmembers and staff,

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I was disappointed to watch the Council vote to, “…direct LRA staff to let the ENA with CFP expire on January 31, 2023.” Your action has unfortunately exposed the City to a $15 million liability from LRA’s expenses, created a risk that the US Navy will withdraw the property transfer to the City of Concord, and effectively returned us to ‘Square One’ regarding the much needed CNWS development.

It appears from your comments that your majority vote was based on concerns with the Seeno family as a stakeholder more than the merits of the Term Sheet, which seemed to generally satisfy the City’s expectation. With the tens of thousands of housing units proposed, I cannot imagine the Discovery Builders, Inc. would not construct homes when this project does eventually move forward. Will the Council reject their construction projects for the same reasons used to reject the Term Sheet? It is unfortunate that much of the Council discussion was distracted by a ‘family feud’. I was hoping that substantive comments regarding the scope, cost and schedule would be discussed robustly.

I urge you to deliberately review the Term Sheet elements with LRA staff and resume the development plan post- haste so that a future Master Developer can meet the foundational expectations and build on the vision to meet the needs of the community. Additionally, I would urge you to shorten the timeline for the project, as 40 years to build approximately 16,000 units will likely burden the city for over a generation, and not add any meaningful jobs. I would also like to understand the cost burden that the city now carries as a result of your vote and how it impacts city services and projects.

I look forward to hearing from you.

Sincerely,

Linus Farias
415.518.3170

On Jan 7, 2023, at 8:42 AM, Linus Farias <[email protected]> wrote:

January 7, 2023

RE: CNWS Reuse Term Sheet

Dear Concord City Council members and staff,

I was pleased to see that the Term Sheet was well developed and provides a level of detail that allowed me to better understand the project. Guy Bjerke and the project team did a fine job during the two community meetings held in December 2022. The proposed development of the area south of Mt. Diablo Creek is a smart use of land that will support the local economy, advance the intelligent sub-urban development in the Central Contra Costa County and the Bay Area, and demonstrate the benefits of a well thought-out plan with adequate controls. I encourage you and the City Council to approve the proposal to proceed to the DDA stage of the Negotiation Period, with provisions that appropriately address the concerns I've highlighted below.

I also acknowledge some of the concerns of the Save Mount Diablo environmental interest group (SMD), particularly those of the compliance record of Seeno companies, a member of Concord First Partners. The SMD efforts include a very professional, multi-color brochure mailed to area residents via bulk mail. I received this brochure last week. I am, however, very concerned that the intent of the group is to stop further progress on this much needed project, even though their

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original goal to set aside 80% of the CNWS land for preservation has been largely met. Any further delays by the City related to this project will result in the US Navy taking steps to dispose of the property to an entity other than the City of Concord. This outcome will not be a benefit to the City or the region as a whole.

I trust that you will find my abbreviated comments on the Term Sheet useful as the Council deliberates the staff proposal on January 7, 2023. If you have additional questions, please reach out to me.

PROS CONS
- Project provides needed housing in
Concord and Contra Costa County without
contributing to urban sprawl, limiting traffic
congestion and increased air pollution
- All residential and a majority of non-
residential construction will be south of Mt.

Diablo Creek, thereby limiting watershed
impacts

- Over the 40-year project life, the count of
housing units in Concord will increase by

24.6% (15,595 residential housing
units/RHUs added to existing inventory of
47,771 RHUs)

- Project conserves resources by adding
onto existing backbone infrastructure. City
should evaluate/negotiate water and sewer
rate impacts to all city residents (potential
long-term reduction?)
- This ‘in-fill’ construction is important to
the City of Concord and Central Contra Costa
County, and will promote better utilization of
BART and reduce regional congestion
- Of the 4,962 total acres of USN property
2,687 undeveloped acres to EBRPD (54.1%),
and 2,275 acres to be developed
- Participation Model will provide
community benefit to development area and
City of Concord
- No cost impact to City of Concord (but it
is unclear if it is reasonable to expect the
ASSUMPTION: City of Concord residential
housing units (RHUs) will increase by 24.6%
- Low- and medium- density housing not
clearly defined. What is the projected
population increase to number residents in
Concord
- Traffic impact on City of Concord need
to be better studied. The proposed Willow
Pass Road expansion is unlikely to
accommodate an increase from and additional

24.6% RHUs in Concord
- No consideration of a magnet center (e.g.
shopping center) to be build along Port
Chicago Highway, either within the City or as
part of the County. Local traffic load will
burden both Port Chicago Highway and
Willow Pass Roads.
- No set-aside for places of worship for the
community. City RHUs will increase by

24.6%, and families will need such facilities,
especially to meet Concord's motto, "Where
Families Come First."
- No set-aside for satellite police station
and services in the development area This is
needed as the large development will have
relatively easy access to Highway 4 and 242
for criminals
- No express statement that the City of
Concord will be assigned the project should
CFP/Developer(s) fail to deliver on
obligations

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future RHU owners to cover the development
costs ($4bn?), & for how long.
- Both off-site and on-site infrastructure
will be built prior to vertical construction
(again, who will cover the cost, how much, &
for how long?).
- BART and Mt. Diablo Unified School
District commitments not defined
- Proforma needs more detail since
RHU’s for Concord will increase by 24.6%.
e.g. need Better estimate in Proforma for
Financing of Public Improvements and
Publicly Accessible Private Improvements,
described in Section 13 of Term Sheet,
including $1.2 bn for on- and off-site
backbone infrastructure costs. What will be
the burden on the residents of the area, and
for how long?

- Section 22 – Remedies need to be better
defined for both Developer and Vertical
Developers. e.g. will the City retain damages
in case of failure of contractual
commitments?

Further Questions:

1. Proforma only includes horizontal development at UIRR of $851m (20.9% of $4,071.8m) for CFP. Which entity receives the remaining $3,220.8m (cash flow)?

2. 15,595 Residential Housing Units estimated revenue is $9.1bn (15,595 units x $581,900 per unit, 2021 median home price in Concord). Will developer(s) receive ALL revenue?

Source of 2021 Housing Data: Concord California Housing data

Concord California Housing data
Concord California Housing market data real estate research

Page 5 of 6 ends

Concord California Housing data
Concord California Housing market data real estate research

Best wishes,

Linus Farias
510.423.3705

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Ord. No. 23-XX 1
ORDINANCE NO. 23-1

AN ORDINANCE APPROVING AND ADOPTING A DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF CONCORD AND
CULTURE CLUB CORPORATE ENTERPRISE, INC. (DBA “CULTURE”), REGARDING THE DEVELOPMENT OF PROPERTY LOCATED AT 1440

CONCORD AVENUE, SUITE B,
ASSESSOR’S PARCEL NUMBER: 126-020-108
WHEREAS, on June 12, 2018, the City Council adopted Ordinance No. 18-3, which amended the Municipal Code and Development Code to establish a Commercial Cannabis Overlay District, associated development standards, and a licensing framework for medicinal-only cannabis manufacturing and distribution, and adult-use and medicinal testing laboratories; and WHEREAS, on April 2, 2019, the City Council and Planning Commission conducted a Joint Study Session and directed staff to pursue revisions to the existing cannabis regulations to potentially allow additional commercial cannabis uses including adult-use and medicinal non-storefront retail; and consideration of allowing adult-use and medicinal storefront retail and microbusinesses; and WHEREAS, on November 5, 2019, the City Council considered introduction of an Ordinance amending Concord Municipal Code Chapter 5.80 (Cannabis) to add adult-use City Cannabis Licenses for manufacturing and distribution; to increase the maximum number of City Cannabis Licenses for manufacturing, distribution, and testing laboratories; to allow City Cannabis Licenses for medicinal and adult-use retail (storefront and non-storefront); and allow City Cannabis Licenses for microbusinesses. At the meeting, the City Council provided direction to staff regarding the allowable number of each cannabis license type, and directed staff to bring the Development Code amendments required for implementing corresponding changes to the Concord Development Code to the Planning Commission for consideration and recommendation to the City Council; and WHEREAS, on May 26, 2020, the City Council Adopted Ordinance No. 20-4, Amending Concord Municipal Code Chapter 5.80 (Cannabis) and Development Code (Title 18) to Allow Adult- Use City Cannabis Licenses for Manufacturers and Type 13 Distributors; Increase the Maximum Number of City Cannabis Licenses for Manufacturers, Type 13 Distributors, and Testing

8.a8.a

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Ord. No. 23-1 2
Laboratories, and Allow City Cannabis Licenses for Retail (Storefront and Non-Storefront), Microbusinesses, and Type 11 Distributors; and
WHEREAS, on July 28, 2020, the City Council approved the procedure, criteria, and scoring for a merit-based competitive process to review and select eligible applicants to apply for available City Cannabis Licenses for cannabis storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component; and
WHEREAS, on October 5, 2020 the City of Concord issued a Request for Proposals for storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component; and
WHEREAS, on May 26, 2021, following interviews, public comment, and City Council deliberation, Authentic Concord, LLC was invited to apply for one of three available storefront retail cannabis licenses; and
WHEREAS, California Government Code section 65864 et seq. authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, long-term development agreement establishing certain development rights in the property; and WHEREAS, Municipal Code Chapter 18.460 Development Agreements authorizes the execution of development agreements and sets forth the required contents and form of those agreements; and
WHEREAS, on December 28, 2021, Culture Club Corporate Enterprise, Inc. (“Applicant”), submitted an Administrative Permit, Design and Site Review, and Development Agreement applications to establish a cannabis storefront and delivery retail use at 1440 Concord Avenue, Suite B, APN 126-020-108 (“Property”), (herein collectively referred to as “Project”); and WHEREAS, on December 22, 2022, the Project was deemed complete by staff; and WHEREAS, the City and Applicant have reached mutual agreement on the terms of the Development Agreement to facilitate development of the Project subject to the conditions and

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Ord. No. 23-1 3
requirements set forth therein, in the form attached hereto as Exhibit A (the “Development Agreement”); and
WHEREAS, the Planning Commission, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing January 19, 2023 on the proposed Development Agreement; and
WHEREAS, at such public hearing, the Planning Commission considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the written report from City staff dated January 19, 2023 materials, exhibits presented, and all other information that constitutes the record of proceedings on which the Planning Commission has based its decision that are maintained at the offices of the City of Concord Planning Division (collectively, “Planning Commission Information”); and
WHEREAS, on January 19, 2023, the Planning Commission, after consideration of all pertinent plans, documents, and testimony, voted 4-0 (AYES: Mizutani, Laub, Barbour, Corio ,) to adopt a Resolution No. 23-01PC Recommending the City Council Approve an Administrative Permit, Design and Site Review, and Ordinance for a Development Agreement for a Cannabis Storefront Retail Use Located at 1440 Concord Avenue, Suite B (PL20113 – AA, DA, DR) for Culture Club Corporate Enterprise, Inc. (dba “CULTURE”); (APN: 126-020-108), subject to the draft Conditions of Approval; and
WHEREAS, the City Council, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing on February 14, 2023 on the Development Agreement; and
WHEREAS, at such public hearing, the City Council also considered and adopted a Resolution Approving an Administrative Permit and Design and Site Review, for a Cannabis Storefront and Delivery Retail Business at 1440 Concord Avenue, Suite B, APN: 126-020-108

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Ord. No. 23-1 4
(PL20113 – AA, DA, DR). Culture Club Corporate Enterprise, Inc. (DBA “CULTURE”) (“Resolution 23-10”); and
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process and at the public hearing, the oral report from City staff, the written report from City staff dated February 14, 2023 materials, exhibits presented, the Planning Commission Information, and all other information that constitutes the record of proceedings relating to the proposed Project, which are maintained at the offices of the City of Concord City Clerk (collectively, “City Council Information”), and declared their intent to approve and adopt the Ordinance.

NOW THEREFORE, 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 the City Council Information, all other pertinent plans, 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 recommendation are located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord 94519.

Section 4. Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the proposed project is categorically exempt pursuant to following CEQA Guidelines: a) Section 15301 (“Existing Facilities”); b) Section 15302 (“Replacement or Reconstruction”); c) 15303 (“New Construction or Conversion of Small Structures”); d) Section 15304 (“Minor Alterations to Land”); and/or e) Section 15305 (“Minor Alterations in Land Use Limitations”). These categorical exemptions apply because the project consists of tenant improvements to an existing building, with de minimis façade and

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Ord. No. 23-1 5
landscaping improvements. Furthermore, pursuant to Section 15300.2(c), there are no exceptions to the categorical exemptions, because the project: 1) is not located in a sensitive environment; 2) will not cause a cumulative impact due to successive projects of the same type in the same area; 3) will not have a significant effect on the environment due to a cumulative impact of other projects or unusual circumstances; 4) will not result in damage to scenic resources; 5) is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and, 6) will not cause a substantial adverse change in the significance of a historical resource. Therefore, the proposed project does not warrant further environmental review.

Section 5. Development Agreement.
a. The Development Agreement is consistent with the general plan and any applicable specific plan. The cannabis retail storefront business is consistent with General Plan policies E-2.1.7, S-7.1.1, LU-10.1.5, and LU6.1.2. The Project will foster entrepreneurship and innovation by providing a cannabis retail storefront in Concord; increasing the variety for retail goods; and providing employment generating businesses that place an emphasis on hiring Concord residents.
b. The Development Agreement is in conformity with public convenience, general welfare, and good land use practices. Cannabis storefront retail uses are allowed in the WMX zoning district with the approval of an Administrative Permit and competitive selection process. The proposed use will be occupying an existing building, which is in conformance with the regulations and standards for the zoning district. No known sensitive uses as defined in CMC Chapter 5.80 are located within 250 feet of the subject property. c. The Development Agreement will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The Development Agreement, Conditional City Cannabis License, Administrative Permit, and Minor Exception contain conditions of approval, including a

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Ord. No. 23-1 6
safety and security plan that will ensure the use will not impact surrounding businesses and properties. The Development Agreement contains commitments from Culture Club Corporate Enterprise codified through adoption of the agreement by the City Council to provide community benefits with the purpose of youth drug use prevention and education efforts, drug treatment and mental health programs, including programs providing supervised diversion from the criminal justice system to avoid recidivism, workforce development, small business assistance, providing amenities for public use and enjoyment, including streetscape improvements, event programming and other activation of public space, and improving quality of life and providing economic opportunities. d. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. The proposed business will be occupying an existing building. The Applicant will be making minor changes to the exterior of the building, including new glass storefront, new paint as necessary and signage, but no changes that would adversely affect the orderly development of property. The Applicant will also be making exterior improvements to the site, including new landscaping, bicycle racks, and adding a roof to an existing trash enclosure. These improvements will help preserve property values for the area.
e. The Development Agreement is consistent with California Government Code sections 65864 through 65869.5. The City has given the required notice of its intention to adopt the Development Agreement and has conducted public hearings thereon pursuant to Government Code Section 65867 and the Development Agreement Ordinance (CMC Chapter 18.460). The City has reviewed and evaluated this Agreement in accordance with the Development Agreement Laws and found that the provisions of this Agreement and its purposes are consistent with the Development Agreement Laws and the goals, policies, standards and land use designations specified in the General Plan.

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Ord. No. 23-1 7
Section 6. The City Council does hereby pass and adopt this Ordinance No. 23-1 and approves and authorizes the City Manager to execute the Development Agreement in form attached hereto as Exhibit A, with minor technical, non-substantive revisions that may be approved by the City Manager in consultation with the City Attorney, and (as more specifically set forth in the Development Agreement) further authorizes the City Manager or designee the authority to determine, review, and approve any “Minor Amendment” as set forth in the Development Agreement and subject to approval of the City Attorney. Upon execution of the Development Agreement by all parties, the City Clerk is hereby directed to record the Development Agreement with the Contra Costa County Recorder’s Office.

Section 7. This Ordinance No. 23-1 shall become effective thirty (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

Laura M. Hoffmeister
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)

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Ord. No. 23-1 8
Ordinance No. 23-1 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on February 14, 2023, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on March 7, 2023, by the following vote:

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

Joelle Fockler, MMC
City Clerk
Exhibit A: Development Agreement

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Exhibit A

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

Report in Brief
By ordering the preparation of the Engineer's Reports, the City Council will initiate the process required by the Landscaping and Lighting Act of 1972 (Streets and Highways Code) and Proposition 218 to reconfirm for the 2023-24 Fiscal Year the Downtown Landscape Maintenance District, Pine Hollow Landscape and Lighting Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District which are administered by the City.

Staff recommends that the City Council adopt the attached resolutions, ordering preparation of the Engineer’s Reports for the Downtown Landscape Maintenance District, Pine Hollow Landscape and Lighting Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District for FY 2023-24.

8.b8.b8.b8.b8.b8.b

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City Council Agenda Report
Agenda Item No. 8.b
March 7, 2023
Recommended Action
Adopt the attached four resolutions ordering preparation of the Engineer’s Reports for the Downtown Landscape Maintenance District, Pine Hollow Landscape and Lighting Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District for FY 2023-24.

Background
The City of Concord administers the Downtown Landscape Maintenance District, Pine Hollow Landscape and Lighting Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District.

Property owners in each district pay an annual assessment on their property tax bill for the maintenance of common area landscaping or lighting.

Each year, the City Council levies the assessments and reconfirms the Districts by a series of Resolutions and Public Hearing. The process, which is set by the Landscaping and Lighting Act of 1972 (Streets and Highways Code) and Proposition 218, includes the following steps:

1. Council adopts resolutions ordering the preparation of the Engineer’s Report – March 7, 2023.

2. Council accepts 2023-24 Preliminary Engineer’s Reports – April 25, 2023.

3. Council adopts resolution of intention; ordering improvements and sets public hearing – April 25, 2023.

4. Council conducts public hearing, and then adopts resolution Confirming the District and Levying the Assessments for FY 2023-24– May 23, 2023.

For districts that are required to follow both the 1972 Act and Proposition 218, the above noted process is modified by introducing a mail-in balloting procedure that begins after the items in Step 2 are approved by the City Council and concludes at the close of the public hearing in Step 3. Proposition 218 becomes applicable only when increases in the current assessment rates are contemplated. The Council may make changes to the proposed budgets at any time up to final adoption, but may only do so to decrease the assessed amount. The assessment amounts are then posted to the County tax rolls and appear as a separate item on the property tax bill for each parcel.

Analysis
Downtown Landscape Maintenance District
The Downtown Landscape Maintenance District was formed in 1983 and includes 798 assessable parcels. Assessments are based on a formula that includes location, square footage, and street frontage.

Landscape maintenance services are currently provided by the City of Concord Public Works Department for FY 2022-23, with the exception of flower pots and certain medians which are maintained by a professional landscape contractor. The City does

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City Council Agenda Report
Agenda Item No. 8.b
March 7, 2023
not anticipate making any changes to the provided landscape maintenance services for FY 2023-24.

A successful Proposition 218 balloting was conducted in June 2007 to increase the annual assessment in the Downtown Landscape Maintenance District. The adopted increase included an annual assessment adjustment based on the Consumer Price Index not to exceed 5% for each year thereafter to maintain the current level of service.

At this time, City staff does not anticipate any new improvements or substantial changes in existing improvements within the boundaries of the District.

Pine Hollow Landscape and Lighting Maintenance District The Pine Hollow Landscape and Lighting Maintenance District was formed in 1985 and includes 401 parcels. Assessments are based on the square footage of each dwelling.

Landscape maintenance services are currently provided by a professional landscape maintenance company. At this time, City staff does not anticipate any new improvements or substantial changes in existing improvements within the boundaries of the District.

Landscaping and Lighting Maintenance District No. 3
The Landscaping and Lighting Maintenance District No. 3 is comprised of the following four specific benefit zones. Staff designed landscaping improvements for areas on Kirkwood Drive and are preparing to put the work out to bid. At this time, City staff does not anticipate any other new improvements or substantial changes in existing improvements within the boundaries of the District.

Kirkwood
The Kirkwood zone includes 468 single-family parcels. The total assessment is divided equally among each single-family residential parcel. Landscape maintenance services are currently provided by a professional landscape maintenance company.

Ygnacio Woods
FY 1995-96 was the first full year of operation for Ygnacio Woods. Landscape services for the common areas in this development of 35 parcels are provided by the City of Concord Public Works Department.

A successful Proposition 218 balloting was conducted in June 2005 to increase the annual assessment in the Ygnacio Woods Benefit Zone. The adopted increase included an annual assessment adjustment based on the Consumer Price Index to maintain the current level of service.

Balhan Terrace and Valley Terrace
These two small areas are included in Landscaping and Lighting Maintenance District No. 3 for the purpose of street lighting. These benefit zones, which were

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City Council Agenda Report
Agenda Item No. 8.b
March 7, 2023
formed prior to Proposition 13, continue to receive a share of ad valorem property tax funds from the State. These funds and the accumulated interest are sufficient to maintain these Districts.

Citywide Street Lighting District
The Concord Citywide Street Lighting Assessment District was formed in FY 1988-89 for the purpose of funding the installation and maintenance or servicing of public lighting facilities in public places within the District. The District includes all parcels of land within the incorporated limits of the City of Concord that benefit from streetlights on public streets.

Environmental Determination
Not a “project” under Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(3) and 15378 because this is not an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that they consist of the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In the alternative, the activities are exempt under Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Financial Impact
The City of Concord Landscape and Lighting Assessment Districts are separate from the City’s General Fund. The impact of any proposed changes to District budgets on the assessments of individual property owners will be known at the time the Engineer’s Reports are filed. The Assessment Districts' engineering services will be paid from District funds.

Public Contact
The City Council Agenda was posted. Property owners will be notified of informational landscape district meetings which will be scheduled in March.

Attachments

1. Resolution – Downtown Landscape Maintenance District

2. Resolution – Pine Hollow

3. Resolution – Maintenance District No. 3

4. Resolution – Citywide Street Lighting

5. District Maps

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Res No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Ordering the Preparation of an
Engineer’s Report for the Downtown Landscape
Maintenance District Resolution No. 23-XX
/
WHEREAS, the City Council, by Resolution No. 83-132, established the Downtown Landscape Maintenance District, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.); and WHEREAS, the improvements within said District may include the installation or planting of landscaping, the installation of parks or recreational improvements, the construction of any facilities which are necessary or convenient for the maintenance or servicing thereof, and the maintenance or servicing of any of the foregoing; and
WHEREAS, in order to levy and collect an annual assessment for the Downtown Landscape Maintenance District, it is necessary for the City to comply with the Streets and Highways Code, Section 22620, et seq; and
WHEREAS, the Streets and Highways Code Section 22622 requires the legislative body to adopt a resolution which generally describes any proposed new improvements or substantial changes in existing improvements and orders the engineer to prepare and file a report pursuant to Section 22565 of this Code; and
WHEREAS, the City Council, at its meeting on March 7, 2023, received a report from the Public Works Director advising the City Council that City staff does not anticipate any new improvements or substantial changes in existing improvements within the District, thus necessitating only preparation of an Engineer’s Report.

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

Section 1. Pursuant to Streets and Highways Code Section 22622 et seq. the City Council determines that no new improvements or any substantial changes in existing improvements are anticipated within the boundaries of the Downtown Landscape Maintenance District, but that it will be Attachment 1

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Res No. 23-XX 2
necessary to levy and collect an assessment within said District. Thus, the City Council orders the Public Works Director to contract with an engineer to prepare and file a report in accordance with Streets and Highways Code Section 22565, et seq.

Section 2. Upon completion of the Engineer’s Report, it shall be filed with the City Clerk for submission to the City Council for its acceptance or modification by April 25, 2023.

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

PASSED AND ADOPTED by the City Council of the City of Concord on March 7, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on March 7, 2023.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Res No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Ordering the Preparation of an
Engineers Report for the Pine Hollow Landscape and
Lighting Maintenance District Resolution No. 23-XX
/
WHEREAS, the City Council, by Resolution No. 85-15, established the Pine Hollow Landscape and Lighting Maintenance District, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.); and WHEREAS, the improvements within said District may include the installation or planting of landscaping, the installation of parks or recreational improvements, the construction of any facilities which are necessary or convenient for the maintenance or servicing thereof, and the maintenance or servicing of any of the foregoing; and
WHEREAS, in order to levy and collect an annual assessment for the Pine Hollow Landscape and Lighting Maintenance District, it is necessary for the City to comply with the Streets and Highways Code, Section 22620, et seq.; and
WHEREAS, the Streets and Highways Code Section 22622 requires the legislative body to adopt a resolution which generally describes any proposed new improvements or substantial changes in existing improvements and orders the engineer to prepare and file a report pursuant to Section 22565 of this Code; and
WHEREAS, the City Council, at its meeting on March 7, 2023, received a report from the Public Works Director advising the City Council that City staff does not anticipate any new improvements or substantial changes in existing improvements within the District, thus necessitating only preparation of an Engineer's Report.

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

Section 1. Pursuant to Streets and Highways Code Section 22622 et seq. the City Council determines that no new improvements or any substantial changes in existing improvements are anticipated within the boundaries of the Pine Hollow Landscape and Lighting Maintenance District, Attachment 2

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Res No. 23-XX 2
but that it will be necessary to levy and collect an assessment within said District. Thus, the City Council orders the Public Works Director to contract with an engineer to prepare and file a report in accordance with Streets and Highways Code Section 22565, et seq.

Section 2. Upon completion of the Engineer’s Report, it shall be filed with the City Clerk for submission to the City Council for its acceptance or modification by April 25, 2023.

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

PASSED AND ADOPTED by the City Council of the City of Concord on March 7, 2023, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Page 8 of 16 ends

Res No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Ordering the Preparation of an
Engineer’s Report for the Landscape and Lighting
Maintenance District No. 3 Resolution No. 23-XX
/
WHEREAS, the City Council, by Resolution No. 79-6202, established the Landscaping and Lighting Maintenance District No. 3, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.); and WHEREAS, the improvements within said District may include the installation or planting of landscaping, the installation of parks or recreational improvements, the construction of any facilities which are necessary or convenient for the maintenance or servicing thereof, and the maintenance or servicing of any of the foregoing; and
WHEREAS, in order to levy and collect an annual assessment for the Landscaping and Lighting Maintenance District No. 3, it is necessary for the City to comply with the Streets and Highways Code, Section 22620, et seq.; and
WHEREAS, the Streets and Highways Code Section 22622 requires the legislative body to adopt a resolution which generally describes any proposed new improvements or substantial changes in existing improvements and orders the engineer to prepare and file a report pursuant to Section 22565 of this Code; and
WHEREAS, the City Council, at its meeting on March 7, 2023, received a report from the Public Works Director advising the City Council that City staff does not anticipate any new improvements or substantial changes in existing improvements within the District thus necessitating only preparation of an Engineer's Report.

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

Section 1. Pursuant to Streets and Highways Code Section 22622 et seq. the City Council determines that no new improvements or any substantial changes in existing improvements are anticipated within the boundaries of the Landscaping and Lighting Maintenance District No. 3, but Attachment 3

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Res No. 23-XX 2
that it will be necessary to levy and collect an assessment within said District. Thus, the City Council orders the Public Works Director to contract with an engineer to prepare and file a report in accordance with Streets and Highways Code Section 22565, et seq.

Section 2. Upon completion of the Engineer’s Report, it shall be filed with the City Clerk for submission to the City Council for its acceptance or modification by April 25, 2023.

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

PASSED AND ADOPTED by the City Council of the City of Concord on March 7, 2023, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Page 10 of 16 ends

Res No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Ordering the Preparation of an
Engineer's Report for the Citywide Street Lighting
Assessment District Resolution No. 23-XX
/
WHEREAS, the City Council, by Resolution No. 88-46, established the Citywide Street Lighting Assessment District, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.); and WHEREAS, the improvements within said street lighting assessment district include:
initiation, maintenance or servicing of public lighting facilities in public places, and incidental expenses associated therewith. Public lighting facilities consist exclusively of pole mounted street lights within the public right-of-way of the City of Concord; and WHEREAS, in order to levy and collect an annual assessment for the Citywide Street Lighting Assessment District, it is necessary for the City to comply with the Streets and Highways Code, Section 22620, et seq.; and
WHEREAS, the Streets and Highways Code Section 22622 requires the legislative body to adopt a resolution which generally describes any proposed new improvements or substantial changes in existing improvements and orders the engineer to prepare and file a report pursuant to Section 22565 of this Code; and
WHEREAS, the City Council, at its meeting on March 7, 2023, received a report from the Public Works Director advising the City Council that City staff does not anticipate any new improvements or substantial changes in existing improvements within the District, thus necessitating only preparation of an Engineer's Report.

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

Section 1. Pursuant to Streets and Highways Code Section 22622 et seq. the City Council determines that no new improvements or any substantial changes in existing improvements are anticipated within the boundaries of the Citywide Street Lighting Assessment District, but that it will Attachment 4

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Res No. 23-XX 2
be necessary to levy and collect an assessment within said District. Thus, the City Council orders the Public Works Director to contract with an engineer to prepare and file a report in accordance with Streets and Highways Code Section 22565, et seq.

Section 2. Upon completion of the Engineer's Report, it shall be filed with the City Clerk for submission to the City Council for its acceptance or modification by April 25, 2023.

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

PASSED AND ADOPTED by the City Council of the City of Concord on March 7, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on March 7, 2023.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Attachment 5

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Staff Report
Date: March 7, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Craig Blythe, Administrative Services Manager [email protected]
(925) 671-3141
Subject: Considering approval to increase fiscal year fuel services agreement amounts with Pinnacle Petroleum from $550,000 to $650,000 and Western States Oil from $80,000 to $120,000 for unleaded and diesel fuel services, and authorize
appropriations in fiscal year 2022/23 of $136,900 from the General Fund, $5,400 from the Sewer Operating Fund and
$3,100 from the Building Maintenance Fund (Fund 630) to be transferred to the Fleet Maintenance Fund (Fund 633).

Report in Brief
The City has unleaded and renewable diesel fuel delivered to the Police Department and Corporation Yard for use in City vehicles and equipment. The price of fuel has increased at a rate that necessitates additional authority from Council to spend. Staff is requesting an increase in annual spending limits per fiscal year with Pinnacle Petroleum from $550,000 to $650,000 and Western States Oil from $80,000 to $120,000 and additional appropriations are needed for Fiscal Year 2022-23.

Recommended Action
Authorize an increase annual fuel services agreement amounts with Pinnacle Petroleum to $650,000 and Western States Oil to $120,000, and authorize fiscal year 2022/23 appropriations of $131,500 from the General Fund, $5,400 from the Sewer Operating Fund, and $3,100 from the Building Maintenance Fund to be transferred to the Fleet Maintenance Fund.

8.c8.c

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City Council Agenda Report
Agenda Item No. 8.c
March 7, 2023
Background
The City has three bulk storage tanks: two for unleaded gasoline and one for renewable diesel. One tank is located at the Concord Police Department and the other two are located at the City’s Corporation Yard. The City uses Pinnacle Petroleum for unleaded fuel services and Western States Oil for renewable diesel fuel services.

Agreements for unleaded and diesel fuel are currently in place. However, the increase in energy costs, specifically petroleum products, have outpaced our competitively bid agreements. With our current agreements unchanged, the City is projected to run out of purchase authorization for fuel before the end of the fiscal year.

In May of 2022 staff requested authorization to increase purchasing authority by 22% for unleaded fuel and 33% for renewable diesel fuel. Staff was authorized to increase fuel services agreement amounts with Pinnacle Petroleum to $550,000 for fiscal year 2021/2022 and Western States Oil to $100,000. Staff was to monitor fuel prices and make additional recommendations to Council as needed. Due to sustained high fuel prices, Staff recommends an increase to fuel services amounts with Pinnacle Petroleum to $650,000 and Western States Oil to $120,000.

Unleaded:

Approximately 110,000 gallons of unleaded fuel is delivered to the Police Department location each year, and about 65,000 gallons is delivered to the Corporation Yard, for a grand total of approximately 175,000 gallons unleaded. The current agreement amount is for $550,000 per year and was last competed in October 2018 and ends in October 2023, at which point it would be re-bid.

Diesel:

The City has one 1,000 gallon fuel cube onsite at the City Corporation Yard. The fuel cube is completely self-contained with a solar and battery system powering the fuel pump. The fuel cube is topped off weekly at a rate of approximately 400 gallons per week. It is estimated that the City uses 21,000 gallons of diesel fuel per year. The current agreement amount is for $80,000 per year and prices are set using a piggyback contract competed by County of Santa Clara.

Analysis
With the amount of unleaded and diesel fuel the City uses each year, it is more efficient and cost effective to store and dispense fuel at City facilities, versus going to a retail supplier. Retail suppliers are readily available but at a higher cost. Using a specialty vendor such as Pinnacle Petroleum allows the City to purchase fuel at wholesale (not retail) cost, with a reasonable markup to cover the wholesaler’s costs of distribution.

Fuel pricing is based on the Oil Price Information Service (OPIS) rack average per gallon; the term “rack” in this case essentially means “wholesale.” Because oil prices are in constant flux, the amount the City spends on fuel fluctuates, even though the

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City Council Agenda Report
Agenda Item No. 8.c
March 7, 2023
volume of fuel purchased remains fairly constant. The City’s fuel agreements are written in a way that payment is based on the OPIS Rack Average Price, not a set fuel price.

This means that spending under the agreement is expected to go up or down based on the fuel market.

Although prices of fuel are trending down, prices continue to remain high. When compared to 2020, unleaded and diesel fuel prices remain 44% and 70% higher today, respectively. The City is expected to reach current purchasing authority before the end of the fiscal year.

Procurement Process
The unleaded fuel vendor pricing was selected as the result of a competitive bid in 2018, and our contract extends until October 2023. The diesel fuel vendor was selected in 2021 using a piggyback contract with the County of Santa Clara and our contract extends until January 2026. No change in vendors is currently being considered.

Financial Impact
An increase of $140,000 to the Fleet Maintenance Fund is needed. This will be accomplished with fiscal year 2022/23 appropriations of $131,500 from the General Fund, $5,400 from the Sewer Operating Fund and $3,100 from the Building Maintenance Fund. The appropriations will come from the respective funds’ fund balance reserves and transferred to the Fleet Maintenance Fund. A budget increase in the biennial budget submission is being requested for future fiscal years.

Public Contact
The City Council Agenda was posted.

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From: Tim Carr <[email protected]>
Sent: Monday, March 6, 2023 1:25 PM
To: Fockler, Joelle <[email protected]>; Barone, Valerie <[email protected]>
Subject: Re: Benched Item. Can you pull Gasoline increase Item 8c for March 7 meeting? My Question is: How does the City get the Police dept to evaluate their 2 Hybrid Police interceptors that they own? The City purchased 2 as was told to us by a Concord Sergeant at a previous meeting. They were supposed to evaluate the Hybrids to see if they could be used as fleet cruisers. The Sergeant told the City the department did not do any evaluation at all. Therefore they argued against the idea of ordering 12 new Hybrids and instead ordered 12 non-hybrid Interceptor instead. The fuel savings from a fleet of Hybrid Interceptors ($6000/year/vehicle) would have reduced this expenditure by $72000. So how do we get the Police Department to fairly evaluate the Hybrid version Ford Interceptor? The Governor has asked the cities to all contribute to reducing our Carbon foot print. And that should include Concord and its Police dept too..

I see that Edi eliminated some of my remarks so I will send it in its entirety again.

Tim Carr [email protected]
(925)270-0970
On Monday, March 6, 2023 at 10:39:33 AM PST, Barone, Valerie <[email protected]> wrote:

Tim,
The City Clerk, Joelle Fockler, will let the Mayor know you want this item pulled and the Mayor will be given an opportunity to speak on it.

If you’re willing and have a question about the cost change for fuel, it would be helpful for staff to know the question prior to the meeting so they can have the information you’re interested ready to share at the meeting.

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From: Edi Birsan <[email protected]>
Sent: Monday, March 6, 2023 8:03 AM
To: Tim Carr <[email protected]>; Barone, Valerie <[email protected]> Cc: Hoffmeister, Laura <[email protected]>; Nakamura, Laura <[email protected]>; Obringer, Carlyn <[email protected]>; Aliano, Dominic <[email protected]>
Subject: Re: Benched Item. Can you pull Gasoline increase Item 8c for March 7 meeting? Tim
Any member of the public can pull an item off of consent and make their comments as you have detailed below.

Valerie
Can you please relay to the chief so that there can be a response at the meeting on this subject.

Thanks
Edi Birsan
950 Alla Ave.

Concord, CA 94518
510 812- 8180
Please take the survey at
www.PulseOfConcord.com
On Mar 5, 2023, at 11:40 PM, Tim Carr <[email protected]> wrote:

So I am hoping one of you can pull this request and let the Council discuss it.

I would like to point out the 12 new squad cars the City bought a few months ago would have given a savings of $6000/vehicle if they were Hybrid. The $6000 comes from Ford sales brochures on the Interceptor. This would have lowered this request by $72000. That is just for 12 cars. Concord has been bypassing Hybrid for more than 1 year. They could have had many more and this increase for fuel request would not have happened if hybrids were being purchased.

The Hybrids cost an extra $2800 so it still would have been a large savings- $6000/ $2800 let alone the air pollution.

So I think you could not deny this gasoline increase to the PD, they would just not do any patrols for 30% of the year- about 3 or 4 months and just say they ran out of gas. However, perhaps there could be a contingency added to this request that future City and police vehicle purchases be Hybrid or EV as the Governor requests. The City bought 2 Hybrid Interceptors just for CPD to study them- and they came to the Council and told you they did not study them at all. I think this evaluation needs to get done before they come and ask for new Police Cruisers. This could be a condition of the increase in funding. Perhaps the Staff could ask California Highway Patrol for advice on using the Hybrid Interceptor.

Here is some info from Ford
Ford Hybrid Police Responder™ Savings Calculator

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Ford Hybrid Police Responder™ Savings Calculator
The Ford Police Responder Hybrid Sedan is purpose built for the police duty cycle and can help your budget throu...
 Other cities near us do use the Interceptor Hybrid. (I know Santa Clara does-I saw one).  Hybrid is the standard powerplant Ford offers= it is not an option.  And as I pointed out, not only does it get better gas mileage  It does not need to idle as the vehicle now has a huge battery that will run computers and radios for a week.The battery does not consume ANY interior space which was an excuse the buyers implied when you OK'd the purchase of 12 vehicles. The lithium battery is under the floor.  The Hybrid Interceptor is faster-has 30 more HP than non-hybrid.  Ford considers the Hybrid as the Standard Police vehicle. Many police depts use the Hybrid Interceptor.

So by making this a contingency that future police and city vehicles select hybrid or electric when available, this may be a time to make this a policy, Concord then is going to positively attempt to reduce their Carbon Footprint.

Concord could require future City purchased or leased vehicles be EV or Hybrid =Construction equipment exception ok.

Note: Renewable Diesel is now being produced by Marathon so soon your diesel engines will not be increasing the CO2 in the air when they use this new renewable Diesel. I do hope Marathon comes by and explains what this new stuff is to you all. Very good for our environment and operates in current and older diesel engines. Diesel made from old Soybean oil-not petroleum.

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From: Tim Carr <[email protected]>
Sent: Monday, March 6, 2023 1:26 PM
To: Barone, Valerie <[email protected]>; Fockler, Joelle <[email protected]>
Subject: Original: Benched Item. Can you pull Gasoline increase Item 8c for March 7 meeting? Tim Carr [email protected]
(925)270-0970
----- Forwarded Message -----
From: Tim Carr <[email protected]>
To: Laura Hoffmeister <[email protected]>; Edi Birsan <[email protected]> Cc: Laura Nakamura <[email protected]>; Carlyn Obringer <[email protected]>; Dominic Aliano <[email protected]> Sent: Sunday, March 5, 2023 at 11:40:37 PM PST
Subject: Benched Item. Can you pull Gasoline increase Item 8c for March 7 meeting? So I am hoping one of you can pull this request and let the Council discuss it.

Tim Carr [email protected]
(925)270-0970

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4 5
2022 FORD POLICE & SPECIAL SERVICE VEHICLES • fordpolicevehicles.com REPEAT : A NO-TRADE-OFFS HYBRID
Innovative engineering and design of the hybrid system helps ensure an abundance of versatile passenger/cargo room: Total interior volume is 170.0 cu. ft. It offers a full 3.5 cu. ft. more space than the previous-generation Ford Police Interceptor
® Utility. Passenger
volume is a vast 118.0 cu. ft., and cargo volume behind the 2nd row is an expansive 52.0 cu. ft. Spaciousness originates with the strategic placement of the hybrid’s battery pack below the floor.

On the standard Ford Police Interceptor Utility, the electric motor’s high-voltage lithium-ion battery pack utilizes an advanced liquid heating and cooling system. This integrated system helps keep the pack’s components operating at optimum temperature. Ready and rarin’ to go, the battery pack’s approximately 280 volts (with 35kW peak discharge power) are more than capable of energizing the electric motor. The battery pack provides full power to on-board equipment – from emergency lights and radios, to laptops and printers, plus the cabin’s AC and heat – even when the gas engine is off during idle. Remain calm, cool or warm, and collected.

Cold cranking power – to start the longitudinally mounted

3.3L direct-injection hybrid V6 – is assured with the H7 AGM (absorbent glass mat) 12V battery. It has an impressive 800-CCA/80-amp rating. Or optionally step up to the H8 AGM version with an 850-CCA/92-amp starting power. To help support police upfit and agency electronics, a high-output 220-amp DC/DC converter is put into action in place of an alternator.

A police-calibrated high-performance Regenerative Braking System means that when braking, the Police Interceptor’s lithium-ion hybrid battery is charging. Regenerative technology recaptures energy from vehicle motion by turning the electric motor into a generator, converting braking energy to electricity, and storing it in the lithium-ion battery pack for later use.
1 2018 MY EPA-estimated rating of 15 city/20 hwy/17 combined mpg, 3.7L AWD. Actual mileage will vary. 22021 MY EPA-estimated combined rating of 24 mpg. Actual mileage will vary. 3Idle Fuel Consumption estimates are based on fuel flow measurements taken during 2 hours of continuous idling. Vehicles were driven for 18 miles at highway speeds prior to idling. Idle testing was conducted in an indoor facility at 73°F. The following vehicle accessories were activated during the test: Climate Control A/C, set to full cool condition; Vehicle Audio System, set to 30% of maximum volume. An electrical power draw load box drawing 32 amps was also connected to each vehicle’s 12-volt battery to simulate the following estimated Police accessory loads: Emergency Lights (est. 25 amps); Laptop Computer (est. 3 amps); Police Radio (est. 4 amps). Additional testing details are available at ford.to/2H9qBEf. 4Burning a gallon of E10 ethanol fuel
produces about 17.68 pounds of CO2 emitted from the fossil fuel content, according to data provided by the U.S. Energy Information Administration (http:/ /ford.to/eiareport).

The Police Interceptor Utility – that comes standard as a hybrid electric vehicle (HEV) with AWD – offers significant potential fuel savings. Its lithium-ion hybrid battery can provide added benefits when considering the unique idling demands of day-to-day police use.

While driving. Police Interceptor Utility (standard HEV AWD) fuel economy compares favorably against the past-generation Police Interceptor Utility (3.7L AWD).

While idling. Even when not in motion, police vehicles must constantly keep their engines running to power electrical equipment. Ford data shows that police vehicles spend approximately 61% of each shift at engine idle: This equates to roughly 4.9 hours of every 8-hour shift. The Police Interceptor Utility (standard HEV AWD) reduces engine idle time by powering the high electrical loads of a police vehicle with its lithium-ion battery. So the engine runs less – intermittently called upon to top off the battery. 2022 Police Interceptor Utility
(standard HEV AWD)

4.9 hours idling per 8-hour shift
x .204 gallons of fuel consumed per hour 3
x 2 shifts per day
x 365 days per year
= 730 gallons of fuel consumed per year
2018 Police Interceptor Utility
(3.7L AWD)

4.9 hours idling per 8-hour shift
x .465 gallons of fuel consumed per hour 3
x 2 shifts per day
x 365 days per year
= 1,663 gallons of fuel consumed per year
2022 Police Interceptor Utility
(standard HEV AWD)
Potential Total Savings at Varying Gas Prices and Terms 4 Y ears 5 Y ears 6 Y ears
$3.00/gallon $15,312 $19,140 $22,968
$3.50/gallon $17,864 $22,330 $26,796
$4.00/gallon $20,416 $25,520 $30,624
$4.50/gallon $22,968 $28,710 $34,452

RESPONSIVE TO YOUR RIGHT FOOT AND, JUST AS IMPORTANT , YOUR BUDGET In summary, the 2022 Police Interceptor Utility (standard HEV AWD) potentially saves:

An estimated 343 gallons of fuel per year while driving. (+) An estimated 933 gallons per year saved while vehicle is at idle. (=) An estimated 1,276 gallons saved per year, total.

That’s $3,509 in potential savings per year, per vehicle. (Assuming an example gas price of $2.75 per gallon.) Projecting to 4-, 5- or 6-year ownership terms, savings could grow to as high as $34,452 at $4.50 per gallon (see chart at right).

Additionally, there’s a potential 25,560 lbs. of CO2 output4 reduced per year, per vehicle.

Visit fordpoliceinterceptor.com to calculate your own agency’s potential savings. 2022 Police Interceptor Utility
(standard HEV AWD)
20,000 miles driven per year
÷ 24 MPG
(2021 model year EPA-
es
timated combined rating)2
= 833 gallons of fuel consumed per year
2018 Police Interceptor Utility
(3.7L AWD)
20,000 miles driven per year
÷ 17 MPG (EPA-estimated combined rating)1
= 1,176 gallons of fuel consumed per year
While driving, the 2022 Police Interceptor Utility (standard HEV AWD) potentially saves 343 gallons of fuel per year, per vehicle.

While idling, the 2022 Police Interceptor Utility (standard HEV AWD) potentially saves 933 gallons of fuel per year, per vehicle.

POWERFUL HYBRID SAVINGS

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From: Barone, Valerie <[email protected]> Sent: Tuesday, March 7, 2023 1:07 PM
To: Ananthan, Stefanie <[email protected]>; Fockler, Joelle <[email protected]>; Blythe, Craig <[email protected]>; Tarbox, William <[email protected]>; Ezell, Justin <[email protected]>; McAuley, Wendy <[email protected]>
Subject: FW: Consent calendar item 8 c, March 7, 2023
This e-mail is being shared with all Councilmembers and will be benched for tonight’s Council meeting
Laura,
Thanks for sending your questions in this morning. Most have been responded to below. A few do not have easy to obtain answers and you and I can discuss.

Valerie
Valerie Barone, City Manager (She/Her)
City of Concord | Website: www.cityofconcord.org
 (925) 671-3150 | [email protected]
1950 Parkside Drive, MS/01, Concord, CA 94519
From: Blythe, Craig <[email protected]>
Sent: Tuesday, March 7, 2023 12:46 PM
To: Barone, Valerie <[email protected]>; Tarbox, William <[email protected]>; Ezell, Justin <[email protected]> Subject: RE: Consent calendar item 8 c, March 7, 2023
Hi Valerie,
Please see my answers below, in yellow highlight.

Thank you,
Craig Blythe
Administration and Fleet Services Manager | Public Works City of Concord |www.cityofconcord.org
1455 Gasoline Alley, Concord, CA 94520
 (925) 671-3141 | [email protected]

Page 9 of 11 ends

Begin forwarded message:

From: "Nakamura, Laura" <[email protected]> Date: March 7, 2023 at 8:39:50 AM PST
To: "Barone, Valerie" <[email protected]> Subject: Consent calendar item 8 c, March 7, 2023
Good morning, Valerie. Here are the questions that I mentioned yesterday in our one-on-one meeting.

Item 8 c (consent calendar item, please pull for discussion) Considering approval to increase fiscal year fuel services agreement amounts with Pinnacle Petroleum from $550,000 to $650,000 and Western States Oil from $80,000 to $120,000 for unleaded and diesel fuel services, and authorize appropriations in fiscal year 2022/23 of $136,900 from the General Fund, $5,400 from the Sewer Operating Fund and $3,100 from the Building Maintenance Fund (Fund 630) to be transferred to the Fleet Maintenance Fund (Fund 633).

What specifically necessitates this request for increased fuel funding?

1. Is it just prices? Or also consumption? More use? What metrics are available? The request for fuel funding increase is attributed to an increased price per gallon. There is not an increased use of fuel. Fuel use has actually decreased 9% between FY21 and FY22. The decline is attributed to retirement of less efficient vehicle assets. (Retirement of Crown Victorias replaced with 2021 Police Interceptors is a good example) What is the relationship between this request and the one made in May 2022?

1. Was there something not anticipated in May 2022? In May of 2022 Staff were unsure what fuel prices would do. Prices increased 58% in wholesale unleaded and 63% in wholesale diesel when compared to 2021. The increase in energy costs, specifically petroleum products, experienced huge fluctuations in price. The request to Council in May 2022 was to increase fuel prices for the remainder of Fiscal Year 2022 with the intent to monitor fuel prices and make additional recommendations to Council at a later date. The request to Council now is for funding to accommodate a higher but seemingly stabilized fuel price.

2. Has anything changed between now and 2022 - consumption levels, price experience? What is different from what was anticipated in May 2022? The increase in purchase authorization is to accommodate the increased price per gallon, not an increase in consumption.

Do individual department budgets cover these costs? Should they be managed by individual departments? Operation, maintenance, and replacement costs are captured through the interagency service fund (ISF). The ISF is used to determine annual expenses for Departments while reducing the administration burden associated with individual transactions and chargebacks. The ISF calculates by equipment classes the price of upfit, replacement, and annual operation costs. Fuel is funded from this ISF under the fleet maintenance fund.

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1. Why are amounts being transferred from specific funds to the fleet maintenance fund? The funds transferred are proportional amounts of the total increase. Transferring funds to the fleet maintenance funds is necessary because that’s where fuel expenses are funded.

What expectations does this request have for gas prices?

1. Should we begin to plan for “temporary” increases to become “permanent” increases? No, the request for Council is for a maximum authorized amount moving forward. There is no expectation from Staff that additional increases will be needed, nor or these changes currently anticipated to be temporary. The new costing will be folded into the FY 2023- 24 and 2024-25 Staff Proposed Two-Year General Fund Operating Budget Council will consider in May and June.

2. Do the two increases in less than a year mean that this is an area of expenditure that requires closer management? The two increases in less than a year reflect the volatility in fuel price that we experienced. Staff had anticipated that an additional adjustment might be necessary and with more information and time this has proved true.

More specific information needed:

1. What is the breakdown in our fleet of City vehicles? Cars, trucks, SUVs, hybrid, unleaded, diesel? Vehicles are not captured by Cars and trucks. Vehicles are captured by equipment class. There are several equipment classes for trucks, cars, and SUVs. For example, F150, F250 and F350 are all trucks but are different equipment classes. I will need more time to run the individual reports across equipment classes to aggregate this data.

2. What is the breakdown in consumption by department? Fuel use is consolidated under the fleet maintenance fund. The only way to report consumption by department is to run individual vehicle fuel usage reports by asset and aggregate that data by departments.

This is a much more detailed level of staff work to respond to and is not currently being undertaken. City Manager Barone will discuss this information request with you.

3. What is the breakdown in cost by department? Please see the answer above.

Thanks in advance,
Laura
Laura Nakamura (She/her/hers)
City Councilmember, District 5
Office 925-671-3158
Mobile 925-338-1259
Web www.cityofconcord.org
1950 Parkside Drive, MS/01
Concord, CA 94519

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Staff Report
Date: March 7, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering the following:

1. Award of a Construction Contract in the not-to-exceed amount of $1,144,010.45 (base agreement of $1,040,009.50 plus staff authority to spend up to a 10% contingency of $104,000.95) to MCK Services, Inc. for the Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No.
2557) located on Oak Grove Road between Treat Boulevard and Contra Costa Canal Trail; and authorizing the Mayor to execute the contract in a form acceptable to the City
Attorney; and

2. Approval of a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $252,530.96
(base agreement of $229,573.60 plus staff authority to
spend up to a 10% contingency of $22,957.36) to provide construction management, inspection, and materials
testing services for Oak Grove Road Pavement
Rehabilitation Project – Phase 3 (Project No. 2557) located on Oak Grove Road between Treat Boulevard and Contra
Costa Canal Trail; and authorize the City Manager to
execute the agreement in a form acceptable to the City
Attorney.

8.d8.d8.d8.d8.d

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City Council Agenda Report
Agenda Item No. 8.d
March 7, 2023
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557) will extend the recently completed pavement rehabilitation work on Oak Grove Road, from Treat Boulevard to Contra Costa Canal Trail. The first phase of pavement rehabilitation on Oak Grove Road (Monument Boulevard to Whitman Road) was completed in 2016, while the second phase of pavement rehabilitation on Oak Grove (Whitman Road to Treat Boulevard) was completed in 2020. With the completion of the third phase, the City will have repaved all of Oak Grove Road from one end to the other, including all intersections.

The project has been designed and competitively bid and is at the point of construction contract award. If award is approved by the City Council, project construction in the field is expected to begin in May or June 2023 and be completed by August 2023.

Construction of Project No. 2557 consists of installation/upgrades of curb ramps at intersections, fiber optic conduit and pull boxes, removal & replacement of concrete curb & gutter and valley gutters; pruning and removal of tree roots; lowering and adjustment of utility covers to finish grade; removal & replacement of traffic striping and pavement markings; and installation of roadside signs and traffic separator curbs.

Construction management, inspection, and materials testing services are needed to ensure work during construction by the contractor is performed and completed in a manner satisfactory to the project contract documents and the City.

Recommended Action

2. Approval of a Professional Services Agreement with Zoon Engineering in the not- to-exceed amount of $252,530.96 (base agreement of $229,573.60 plus staff authority to spend up to a 10% contingency of $22,957.36) to provide construction management, inspection, and materials testing services for Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557) located on Oak Grove Road between Treat Boulevard and Contra Costa Canal

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City Council Agenda Report
Agenda Item No. 8.d
March 7, 2023
Trail; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

Background
On June 14, 2016, the City Council awarded the construction contract for the first phase of the Oak Grove Road Pavement Rehabilitation, from Monument Boulevard to Whitman Road, as part of the FY 14-15 Pavement Rehabilitation Project (Project No. 2331). Construction improvements were accepted by the City on June 27, 2017.

On February 25, 2020, the City Council awarded the construction contract for the second phase of the Oak Grove Road Pavement Rehabilitation (Project No. 2423), from Whitman Road to Treat Boulevard. Construction improvements were accepted by the City on December 1, 2020.

In June 1, 2020, City Council approved the proposed Five-Year Pavement Expenditure plan, which included Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557).

On June 8, 2021, the City Council adopted the mid-cycle adjustments to the CIP Budget for Fiscal Years 2020-21 and 2021-22, with an included appropriation of $200,000 to fund the design of Project No. 2557.

On June 28, 2022, the City Council adopted the 2-year CIP Budget for Fiscal Years 2022-23 and 2023-24, with an included appropriation of $1,770,000 to fund the construction of Project No. 2557.

The design contract was awarded on October 26, 2021, to NCE of Point Richmond, CA, and design was completed in December 2022.

With the completion of the Oak Grove Road Pavement Rehabilitation – Phase 3 (Project No. 2557) from Treat Boulevard to Contra Costa Canal Trail, the City will have repaved all of Oak Grove Road from one end to the other, including all intersections.

On September 13, 2016, the City Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Trades Council for City projects with a construction contract valued at over $750,000. Project No. 2557 will be subject to the requirements of the Project Stabilization Agreement as the construction costs exceeds $750,000.

Procurement Process
Construction Contract
The project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid is $1,138,000. During the bid period,

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City Council Agenda Report
Agenda Item No. 8.d
March 7, 2023
two Bid Addenda were issued. Bids were opened on January 12, 2023. Six (6) bids were received in the amount ranging from $1,040,009.50 to $1,268,418.10. The lowest bid was received from MCK Services, Inc. (MCK) of Martinez, CA. A summary of the three lowest bids is as follows:

BID

SCHEDULE
Engineer's
Estimate
MCK Services,
Inc.

McGuire
Hester
Bay Cities
Paving &
Grading, Inc.

Base Bid $ 1,138,000 $1,040,009.50 $1,071,132.00 $1,108,412.00 MCK was the low bidder and submitted a responsive and responsible bid. MCK has an appropriate and valid contractor’s license and satisfactory work references.

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

Professional Services Agreement for Construction Management Before the construction bid period, Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services on November 17, 2022 for Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557). The RFP was advertised in the local newspaper and on the City’s Procurement Website. One (1) proposal was received from Zoon Engineering (Zoon). Based on Zoon’s proposal, including project approach, proposed staffing and relevant work experience, Staff recommends the agreement be awarded to Zoon Engineering (Zoon). Zoon was also the Construction Management firm that managed construction for the previous Phase 2 of Oak Grove Road Pavement Rehabilitation Project. Zoon and their material testing sub-consultant Applied Materials and Engineering (AME), has also agreed to be bound to the Citywide Project Stabilization Agreement.

Staff negotiated the scope of work and cost for the services, and agreed upon $229,573.60 as a fair and reasonable compensation for the services needed to complete the construction phase of this project.

Financial Impact
To award the base bid contract and also provide for construction management, inspection and testing services, staff oversight, and an appropriate contingency of 10%, a total of $1,400,000 is required. The available funds in the project after accounting for the project design and bidding is approximately $1,770,000. The award amount falls within the available funds of the project.

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City Council Agenda Report
Agenda Item No. 8.d
March 7, 2023
Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves constructing concrete sidewalk, landscaping, traffic signal equipment, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Bid Summary

3. Professional Services Agreement with Zoon Engineering for Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557), with Exhibit A, Fee Estimate

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Attachment 1

LOCATION MAP
Oak Grove Road Pavement Rehabilitation Project – Phase 3 City Project No. 2557

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City of Concord
Bid Sheet
PROJECT #2557 Bid Opening:

Oak Grove Pavement Rehabilitation Project -
Phase 3
Thursday,
January 12, 2023
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $1,138,000 To be awarded:

COMPANY TOTAL BID
MCK Services, Inc.

PO Box 5697
Concord, CA 94524
$1,040,009.50
McGuire Hester
2810 Harbor Bay Parkway
Alameda, CA 94502
$1,071,132.00
Bay Cities Paving & Grading, Inc.
1450 Civic Ct., Bldg B, #400
Concord, CA 94520
$1,108,412.00
Ghilotti Bros., Inc.
525 Jacoby Street
San Rafael, CA 94901
$1,131,716.45
Argonaut Constructors
PO Box 639 – 360 Sutton Place
Santa Rosa, CA 95402
$1,187,521.19
Graniterock
5225 Hellyer Avenue, Suite 220
San Jose, CA 95138
$1,268,418.10
Co
ntact: Dey Lei x3049
Attachment 2

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AGREEMENT FOR PROFESSIONAL SERVICES
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28 THIS AGREEMENT (“Agreement”) is entered into on March 7, 2023 between the City of Concord (“CITY”) and Zoon Engineering, 3690 Adeline Street #3, Emeryville, Ca 94608 (“CONSULTANT”).

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

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

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

1. TERM. This Agreement shall commence on March 7, 2023 and expire on June 30, 2024.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide consulting services for Oak Grove Road Pavement Rehabilitation Project – Phase 3, Project No. 2557 described in detail in Exhibit A, a proposal from Zoon Engineering dated January 12, 2023, attached hereto and made a part hereof.

CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed two-hundred fifty-two thousand five-hundred thirty dollars and ninety-six cents ($252,530.96) for the term of this Agreement.

The total includes the sum of the base contract of two-hundred twenty-nine thousand five-hundred seventy-three dollars and sixty cents ($229,573.60) and a 10% contingency of twenty-two thousand nine-hundred fifty-seven dollars and thirty-six cents ($22,957.36). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of Attachment 3

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28 receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Carlton Thompson, City Engineer of the Community Development Department. The CONSULTANT’s authorized representative is Saeed Shahmirzai, PE, Principal-In-Charge.

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

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

3.10.040(a). The Minimum Threshold for Fiscal Year 2022-23 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council. CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation,

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28 restitution, quantum merit, or similar relief.

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

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

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Work and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further

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28 agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

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

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

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

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

Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies

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28 of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.

10. INDEMNIFICATION.

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

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

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

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

B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one

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28 million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

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

D. Compliance with State Workers' Compensation Requirements.

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

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

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be

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28 primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

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

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

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

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT

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28 shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services performed as of the effective date of the termination.

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

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

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

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

16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent

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28 or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

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

17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services. CONSULTANT shall ensure that all of its officers, employees, agents, and subcontractors who: (i) enter CITY premises in connection with the services to be performed by CONSULTANT hereunder, and/or (ii) have in-person contact with CITY officers, officials, employees, subcontractors, agents, and volunteers, and/or members of the public, in connection with the services to be performed by CONSULTANT hereunder, comply with all applicable Federal, State of California, Contra Costa County, and local laws, rules, and regulations, whichever is the most restrictive, regarding COVID-19 or similar public health matters, including regarding vaccinations, testing, reporting, social distancing, social gathering, mask wearing, and associated requirements.

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

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

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

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

22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any

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28 power to bind or commit the CITY to any decision.

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

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

To CITY: Carlton Thompson, City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3182
Fax: (925) 798-8692
To CONSULTANT: Saeed Shahmirzai
Zoon Engineering
3960 Adeline Street #3
Emeryville, CA 94608
Phone: (510) 338-6434

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

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

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

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28 or account for more than one such counterpart.

27. PROJECT STABILIZATION AGREEMENT. On November 15, 2016 the City of Concord, and the Contra Costa Building and Construction Trades Council and its affiliated Unions, entered into a Project Stabilization Agreement (“PSA”) for City construction projects funded in whole or in part with City of Concord funds where the engineer’s estimate or bid amount exceeds $750,000.00 (“Project”). Among other things, the PSA includes requirements for local hire, apprentices, and the veteran Helmets to Hardhats program. Some or all of the work under this Agreement may constitute Covered Work under the PSA, and the PSA requires that Contractor/Employers who enter into a City Construction Contract for any Project sign an “Agreement to be Bound” (Addendum A to the PSA).

Therefore, as a condition of this Agreement, CONSULTANT must (i) sign the Agreement to be Bound, and (ii) require and ensure that affected contractors and subcontractors at any tiers sign the Agreement to be Bound. CONSULTANT acknowledges that it has received copy of the PSA, and has read, understood, and had the opportunity to consult with an attorney regarding the PSA. Capitalized terms in this provision are defined in the PSA; a copy of the PSA is attached hereto as Exhibit B; the original PSA is lodged with the Concord City Clerk, 1950 Parkside Drive, Concord, CA; and additional copies of the PSA may be obtained based on City’s actual costs.

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Saeed Shahmirzai Name: Valerie Barone
Title: Principal-in-Charge Title City Manager
Address: 3960 Adeline Street #3 Address: 1950 Parkside Drive Emeryville CA, 94608 Concord, CA 94519
Telephone: (510) 338-6434 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
Date: _____________________________, 2023
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2023

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/23 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $252,530.96
Account Code: 4759500C999-74250 / 4752557117-74250

Finance Director's Signature

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| 1
Presented by:Presented to:

City of Concord
Community Development Department
Proposal to Provide

CONSTRUCTION MANAGEMENT AND

MATERIAL TESTING SERVICES
for the
OAK

GROVE ROAD PAVEMENT

REHABILIT
ATION PROJECT - PHASE 3
City Project No. 2557
January 12, 2023
Exhibit A to
Attachment 3

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road
Pavement Rehabilitation Project Phase 3
City Project No. 2557

TABLE OF CONTENTS

COVER LETTER
I. PROFESSIONAL EXPERIENCE
II. PROJECT TEAM EXPERIENCE
III. CONSULTANT’S PROPOSED APPROACH TO THE

SCOPE OF WORK AND PROJECT UNDERSTANDING
IV. FEE PROPOSAL
1 4
15 under separate cover

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CM | claims | project controls

3960 adeline street # 3 | emeryville, ca 94608 | (510) 338.6434 | zoon-eng.com

January 12, 2023
Deyuanne Lei, PE
City of Concord
Engineering Services Division
1950 Parkside Drive, M/S 40
Concord, CA 94519

RE: Proposal to Provide Construction Management and Material Testing for Oak Grove Road Pavement Rehabilitation Project Phase 3 – City Project No. 2557

Dear Ms. Lei:

Completing a project successfully involve s advanced technical skills , enhanced engineering experti se, strong relationship building, and an ability to resolve issues quickly and effectively. This is the essence of the Zoon Engineering approach to Construction Management. Our ultimate objective is to ensure the successful construction of your project. We accomplish this goal in part by using the skill sets previously mentioned and by being immediately responsive and attentive to City needs and requests.

Construction today requires an inherent ability to work with various entities with potentially conflicting needs and requirements. Success is achieved through creating and nurturing strong working relationships. Effective issue /resolution abilities in search of the ever -elusive win-win are necessities.

These skills are not typically associated with Engineers. However, t hey are absolute necessitie s for Construction Managers.

Zoon Engineering is pleased to submit a proposal to the City of Concord for the Oak Grove Road Pavement Rehabilitation Project Phase 3. Zoon has successfully delivered many projects with a similar scope for various local agencies including the Oak Grove Road Phase 2 Rehabilitation Project for the City of Concord and various paving and pedestrian improvement projects for the City of Albany.

At the center of our strategy to deliver the Oak Grove Road Pavement Rehabilitation Project Phase 3 is our Resident Engineer Saeed Shahmirzai, PE ; Assistant Resident Engineer Anthony Goryl, PE; Senior Inspector/Cold-in-Place Recycling /Fiber Optic Expert Craig Parmley ; and Construction Inspector Mirza Baig. All four individuals have extensive experience working in highly sensitive and complex construction projects throughout the Bay Area. They have all proven their skills with great success both as a construction manager and a contractor. Our team also includes Ruben Zepada from Applied Materials and Engineering (AME) for materials testing.

Our team is committed to serving the City of Concord throughout the duration of the project without changes in staff. Anthony and Mirza will be the two most heavily involved in the project under the oversight of Saeed. Ruben will be involved as required for materials testing services and quality assurance. Craig will be involved for specialty construction items such as cold-in-place recycling and fiber optic conduit and pull box installation . Craig has extensive experience with paving, cold-in-place recycling, and fiber optic conduit and pull box installation having been involved with over 60 miles of fiber installation as part of the US 101, I-680, and I-880 toll systems for the last seven years.

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CM | claims | project controls

3960 adeline street # 3 | emeryville, ca 94608 | (510) 338.6434 | zoon-eng.com

Our Resident Engineer, Assistant Resident Engineer, and Construction Inspectors will be based in Concord. Anthony, our Assistant Resident Engineer, is a resident of Concord living one mile (under five minutes) from the Oak Grove Road Pavement Rehabilitation Phase 3 Project limits and ten minutes from City offices. Anthony will be able to respond to any project demands at all hours of the day should a need arise. This makes our team uniquely qualified due to Anthony’s proximity to the project and ability to meet at a moment’s notice. With Anthony’s attention to detail, we foresee minimal involvement from City staff unless otherwise needed, and we will keep you up-to-date on all project activities.

All our staff have fully equipped “self -contained” vehicles with computers, portable printers, mobile phones, and internet hotspots. They have limited need for physical office space and are accustomed to working independently. They will be able to perform most , if not all, of their duties and responsibilities including sending and receiving email, report writing, project administration, correspondence, RFIs, submittal tracking, and change order management from anywhere.

Saeed, Anthony, Craig, and Mirza have made careers of resolving complex contractual and technical issues with creativity and technical acumen. They understand that in today’s construction world, the key to your project’s success is building strong relationships with the diverse project stakeholders : utilit y companies, travelling public, businesses, residents, and agencies with a vested interest in this project.

As a certified Small Business Enterprise (SBE) established in the Bay Area, Zoon Engineering has a unique perspective and unmatched experience to successfully manage the Oak Grove Road Pavement Rehabilitation Project Phase 3. Our small size enables us to deliver a high-quality team with extensive experience and skills while maintaining an overhead rate lower than most larger firms, resulting in significant value to the City of Concord.

Lastly, Zoon is willing to be bound by the Project Stabilization Agreement and understands the importance of meeting the goals and commitments as outlined in the agreement.

I can be reached at (650) 450 3507 or email [email protected] should you have any questions or require any further information.

Zoon Engineering does not wait for things to happen, we make them happen.

Sincerely,

Saeed Shahmirzai, PE
Principal-In-Charge

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
1 SECTION 1: PROFESSIONAL EXPERIENCE
Zoon Engineering was founded in 2008 with the express goal of providing high quality engineering and project management services within a dynamic, flexible , and tasked focused organization. The firm’s guiding principle is to add value to our clients by furnishing high level technical resources and expertise.

Our approach combines engineering and management capabilities with proven problem solving and relationship building skills. Zoon Engineering is a certified Small Business.

Our success can be traced to our passion and love for what we do. We excel in providing a wide array of services including program management, construction management, project controls, and contract administration services on small and large projects with varying degrees of complexity and sensitivity. We are proud of our excellent track record and reaffirm our strong commitment to protecting our client’s interests.

We are committed to providing you with large firm capabilities coupled with the accessibility and responsiveness only a small firm can deliver. We are devoted to delivering success to your endeavor by creating unified teams focused on effectively resolving project issues, minimizing overall costs, achieving excellent quality, and maintaining timelines and schedules. Zoon understands that when we take on a project for the City, we act as an extension of City staff and therefore must act with the utmost professionalism to deliver the project with minimal disruptions to its constituents.

Zoon has been involved in several high -profile public works projects in California including the Presidio Parkway Reconstruction, New Eastern Span of the San Francisco- Oakland Bay Bridge, Caldecott Tunnel , and California High Speed Rail. Although the aforementioned are larger projects, Zoon Engineering has also completed a various assortment of local agency projects with scopes of work similar to the Oak Grove Road Pavement Rehabilitation Project Phase 3 including cold-in-place recycling, paving and pavement reconstruction, bicycle and pedestrian impro vements, ADA compliant curb ramps, signing and striping, utility work and coordination, and fiber optic conduit and pull box installation . The following representative projects (listed below) have been completed within the last five years.

1. Oak Grove Road Pavement Rehabilitation Project Phase II, City of Concord, California Project Description
The Oak Grove Road Pavement Rehabilitation Phase II Project comprised of paving operations along Oak Grove Road , a heavily travelled arterial, from Whitman Road to Treat Boulevard. The project scope included reconstructing and rehabilitating existing pavem ent sections, pedestrian curb ramp improvements, curb and gutter construction, and installation of storm drain inlets. A significant portion of the pavement rehabilitation work included cold -in-place recycling (CIR). New and modified curb ramps were installed at multiple intersections in addition to new traffic signage and pavement markings. This project scope also includes installing accessible parking and high-visibility crosswalks. Final construction
costs were approximately $2 .2 million and was
completed in October of 2020 ( ahead of the
proposed contractual schedule). AME and Zoon
worked on this project together.

Services Provided
Zoon was responsible for managing all aspects of
the project, including quality, budget, schedule,
compliance with federal/state/local requirements, lane closures, and coordinating with the City on public outreach. Zoon was also responsible for coordinating materials testing and source inspection.

Agency: City of Concord
Agency Contact: Ali Hatefi, PE, Assoc. Civil Engineer
Telephone: 925.671.3284
Email: [email protected]
Date Of Contract: February 2020
Date Of Completion: October 2020

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
2 2. Washington Avenue Pavement Rehabilitation Phase I and II, City of Albany, California Project Description
This project consisted of repaving Washington
Avenue between San Pablo Avenue and Pomona
Avenue in two phases that also included
coordination with an EBMUD watermain
replacement along project limits . Project details
included pavement reconstruction , replacing
non-compliant curb ramps and associated
sidewalks, and repairing damaged sections of
curb, gutters, and stor m drain pipes. This project
also included enhancements such as valley
gutters, pavement marking/striping for
pedestrians and bicycles , and biorentention
element. The contract had provisions to protect
and re-establish survey monuments and repalce missing monuments at three intersections. In addition, the project had complex grading and elevation adjustments on an existing roadway through a residential neighborhood. Construction cost for both phases was $3.5 million. Due to the work al ong residential neighborhoods, outreach included sending a City
mailer, flyers, and fielding any comments ,
questions, or concerns from the community.The
project also adhered to Caltrans design standards,
policy, and procedures.

Services Provided
Zoon Engineering was responsible for providing full
construction management services from the
pre-construction phase through close out. Our services included public outreach during construction, resident engineering, construction inspection, contract negotiatio ns, RFI management, change order processing, submittal review, document control and progress payment processing.

3. Bay Road Improvement Project Phase II and III, City of East Palo Alto, California Project Description
Work on this $11 million street improvement
project comprised of removal , replacement, and
new construction of over 25 ,000 square feet of
sidewalks, over 8, 000 square feet of driveways,
over 1,600 square feet of bioretention, 5,600 tons
of asphalt concrete , grinding, lighting with
decorative poles, three sets of rapid rectangular
flashing beacons , new drainage systems, new
waterlines, irrigation, landscaping, and bus pads
and shelters. The project also consisted of new
roadway sections, which included grading, placement of base rock, and asphalt concrete. New striping delineated vehicle travel lanes and bicycles lanes to create a multi modal street that meets current design and safety standards for vehicle, bicycle, and pedestrian traffic.

The Project is in a dense residential and commerc ial area of Bay Road in East Palo Alto with sensitive business such as the Ravenswood Health Center, The Art Center, City’s Police Department, and major new residential developments such as Ravenswood Townhouse Complex. All improvements were constructed Agency: City of Albany
Agency Contact: Allison Carrillo, PE, CIP Manager
Telephone: 510. 528.5737
Email: [email protected]
Date Of Contract: November 2020
Date Of Completion: May 2022

Page 26 of 47 ends

City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
3 within the existing Bay Road right-of-way. Funding for the project was through various local, private, State and Federal funding sources. AME and Zoon
worked on this project together.

Services Provided
Zoon provided full construction management
services including resident engineer ing and
inspection services with AME providing
materials and source inspection and testing.

Zoon oversaw the coordination of utility
relocations and installations in addition to managing paving, construction staging, public notifications for parking restriction and access to the properties, safe pedestrian, bicycle, and vehicular traffic handling.

4. Marin Utility Undergrounding and Buchanan-Marin Bikeway Phase III, Albany, CA Project Description
The work on this $5 million utility undergrounding and
bikeway improvement project comprised of over 6,000
feet of joint trench construction for PG&E, Comcast and AT&T services to buildings along San Pablo Avenue and
Marin Avenue in the City of Albany. This project also included trenching within the Caltrans right -of-way and private properties, which required daily coordination with residences, business owners, state, and local agencies. In addition, the project included removal and replacement
of curb ramps, bulb outs, pedestrian refuge islands,
paving, striping, and street lighting work over six city blocks along the main City thoroughfare of Marin Avenue and San Pablo Avenue. Some project features included:
• Adhered to Caltrans’ design standards and policies and procedures for 1,000 lineal feet of work within Caltrans ROW
• Demonstrated experience with coordinating utility relocations and installations between design and construction staff
• Demonstrated experience in resolving complex contract conflicts between the design and construction stages
• Paving, construction staging / public notifications for parking restriction and access to the properties, safe pedestrian access
• Project located in dense residential on Marin
Avenue and intersecting streets, commercial
business along San Pablo Avenue, proximity
to Albany Cornell Elementary School, Albany
Library and Albany United Methodist Church
Services Provided
Zoon Engineering was responsible for
constructability review s during d esign and providing full construction management from the pre- construction phase through close out. Services included providing resident engineering, inspection and materials testing. The Zoon Team performed contract negotiations, managed RFI responses, negotiated and implemented change orders, controlled the submittal review process, in addition to document control and progress payment processing.

Agency: City of Albany
Agency Contact: Mark Hurley, PE, Public Works Dir.

Telephone: 510.559.7255.

Email: [email protected]
Date Of Contract: December 2015
Date Of Completion: August 2018
Agency: City of East Palo Alto
Agency Contact: Humza Javed, PE, Public Works Dir.

Telephone: 650.422.0499
Email: [email protected]
Date Of Contract: February 2020
Date Of Completion: March 2022

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
4 5. I-880 Express Lane Conversion Project, Alameda County, California Project Description
Zoon was responsible for providing construction management services for the $44 million Bay Area Infrastructure Financing Authority (BAIFA) project which entailed the conversion of existing high occupancy vehicle lanes along southbound and northbound I-880 from Hegenberger Road to State Route 237 Separation. This project included 26 miles of 288 strand fiber optic backbone and installation of conduit, hub cabinets, controller cabinets, vaults, pull boxes, and tolling structures (overhead signs and detectors). Zoon was also responsible for managing the toll system integrator contract, which included 12 and 24 strand drops, splicing, and all associated testing to ensure that the backbone was functioning properly. This project required directional boring of fiber optic conduit. BAIFA has also hired Zoon to oversee the maintenance of their fiber optic tolling system of which Craig Parmley is the project manager.

Services Provided
Construction management and inspection
services were provided to BAIFA. In addition,
Zoon was responsible for conflict resolution,
claims avoidance, stakeholder coordination,
biddability/constructability review, change
order management, and schedule management.

SECTION 2: PROJECT TEAM EXPERIENCE
We have assembled a distinct and qualified team to manage your project. In forming our team, we endeavored to provide your project with specific individual experience and expertise. Our team has deep experience and specific knowledge in working in sensitive environments; coordinating with various public agencies and private stakeholders ; coordinating with utility companies; m anaging construction projects to accommodate traffic, public access, businesses, and residents; and coordination with external and in-house City departments and agencies . The following graphic shows our proposed organizational structure.

The Zoon team understands the special constraints and requirements associated with working in the Project’s unique environment. Our proposed team members have significant recent working experience on local agency projects governed by the Local Assistance Procedures Manual. In addition, Our Team has a proven track record of success through working with a wide variety of local contractors. The following provides highlights of the key staff members:

Agency: Bay Area Infrastructure Financing Authority
Agency Contact: Angela Louie
Telephone: 510.517.8308
Email: [email protected]
Date Of Contract: July 2017
Date Of Completion: January 2021

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
5 Saeed Shahmirzai, PE | Zoon Engineering | Principal-in-Charge/Resident Engineer Saeed brings exceptional technical and engineering knowledge combined with the ability to manage highly complex construction projects. Saeed was a previous resident of Concord and has a deep understanding of the project area and challenges associated with this project. He has managed many paving jobs with varying degrees of complexity including serving as the Resident Engineer for the $20 million I-880 Paving Project in Oakland, California. As part of this project, Saeed managed the placement of more than 250,000 tons of rubberized asphalt concrete and extensive coordination with Oakland Coliseum, Oakland Airport, BART, AC Transit, and various cities along the project site. He has a long history of exhibiting proficiency in proactively resolving complex construction issues while maintaining project schedules. In addition to his technical skills, Saeed is ideally suited as resident engineer on this project because of his abilities to build strong teams, relationships and partnerships focused on resolving potential project issues and maintaining your project’s cost, schedule, and quality objectives.

Anthony Goryl, PE | Zoon Engineering | Assistant Resident Engineer/Office Engineer Anthony brings knowledge gained from his years as a design engineer, contractor, and construction manager. He is a resident of Concord and lives less than one mile (under 5 minutes) from the project site.

His proximity to the site and availability will be an asset to the successful delivery of this project as he is committed to being available throughout the duration of the project and at all hours of the day. His combination of strong communications and negotiat ion skills coupled with an excellent technical knowledge and deep construction experience make Anthony an instrumental member to our team.

Craig Parmley | Zoon Engineering | Senior Construction Inspector/CIR Specialist Craig brings a long history of proven success on various types of public works projects to the team. His skills as a construction manager, project manager and resident engineer have been acquired through over 35 years of experience. He served as the Division Chief for the County of Marin’s Road Construction and Maintenance Division. Craig is an expert in cold-in-place (CIR) recycling operations having worked on many projects in the past, including serving as the Senior Inspector for Phase II of the Oak Grove Road Rehabilitation Project. In addition, he is an expert in fiber optic conduit and pull box installation having been involved with US 101 and I-880 Express Lane Conversion Projects where he managed miles of both trenched and trenchless fiber optic cable installation. He will be involved as needed for specialty operations such as CIR and fiber optic conduit and pull box installation.

Mirza Baig | Zoon Engineering | Construction Inspector
Mirza’s skills as a public works inspector have been honed by years at Zoon Engineering and in his previous experience as a paving contractor . He is an expert at inspecting a wide variety of construction activities including grading, paving, base repair, storm drain systems, as well as curb, gutter, and sidewalks. His abilities coupled with his assertive approach to dealing with contractors makes a valued member of any construction management effort. He is proficient in the policies and procedures outlined in the Caltrans Construction Manual. He fully understands the Manual of Uniform Traffic Control Devices (MUTCD) and various traffic management requirements and standards. Mirza has worked as a storm water pollution prevention inspector on various highway projects.

Ruben Zepeda | Applied Materials and Engineering (AME) | Materials Testing Ruben is a Caltrans certified sampler, materials tester, and source inspector . He joined AME in 2014 bringing several years’ experience in the construction trades. Ruben has worked on a few prior City of Concord projects including various pavement reconstruction projects . He is well versed in Caltrans standards and procedures. AME is a full-service materials engineering company providing specialized materials testing service and will be able to respond efficiently and effectively to all our project’s testing needs.

In addition to the previously mentioned team, Zoon has a deep bench of support staff with varying expertise ready to assist in specialty work items if needed. We have developed a streamlined team for this project to support City staff. Resumes of our proposed staff follow.

Page 29 of 47 ends

City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
6 SAEED SHAHMIRZAI, P.E.

Project Manager | Resident Engineer | Change Order Manager | Utility Coordinator | Project Controls Years of Experience
37 Education
B.S., Civil Engineering, Michigan Technological University, 1982 Professional Registration
Professional Engineer: California, License. No. C51840 Key Qualifications
Saeed Shahmirzai’s construction management background includes technical and management roles on both the contractor’s side and the owner’s side for numerous transportation -related projects throughout the San Francisco Bay Area. He is a recognized expert in change order management, conflict resolution, contractor negotiations and project controls on some of the largest projects recently constructed in the San Francisco Bay Area. As the contracto r’s project manager, he was involved in estimating and bidding process and managed all field operations as well as contractual strategies and approaches. As a Construction Engineer and Resident Engineer, he has managed and worked on numerous high-profile projects on Bay Area freeways along, I -80, I-880, I-580, I-238, and Highway 101, including the San Mateo Bridge, Richmond-San Rafael Bridge and San Francisco-Oakland Bay Bridge.

Experience
Bay Road Improvement Phase II and III Project, East Palo Alto, California As the Resident Engineer on this $11 million project, Saeed was responsible for all aspects of the construction on this street improvement project, which comprised of construction of new sidewalks, crosswalks, extensive paving, grinding, lighting, signs, new drainage systems , new waterlines, irrigation, landscaping, and bus passenger pads & shelters. The project also has new roadway sections, which included, grading, placement of base rock and asphalt concrete. New striping delineated vehicle travel lanes and bicycles lanes to create a multi modal street that meets current design and safety standards for vehicle, bicycle and pedestrian traffic. All improvements were constructed within the existing Bay Road right-of-way. Funding for the project was through various local, private, State and Federal funding sources.

Marin Utility Undergrounding & Buchanan Marin Bikeway Phase III Project, Albany, California As resident engineer, Saeed was responsible for all aspects of the construction on this utility undergrounding and bikeway improvement project, for the city of Albany. The $5 million Rule 20 project was to construct joint trench for PG&E, Comcast and AT&T services to buildings along San Pablo Avenue and Marin Avenue in Albany, which included trenchin g within the Caltrans right of way and private property, which required daily coordination with residences, business owners, state and local agencies. The project also included removal and replacement of curb ramps, bulb outs, paving, striping and street lighting work. Saeed worked closely with all stakeholders to minimize impacts and disruption to local businesses and traffic by communicating and coordinating all activities relevant to construction and the project schedule. Saeed also managed and carried out all aspects of the project’s construction management, including writing and negotiating project contract change orders, reviewing submittals and RFIs, carrying out document control, and processing progress payments.

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
7 I-880 Paving Project, Oakland - Hayward, California
As a Resident Engineer on this $20 million paving project, on 20 mile stretch of busy highway 880 from Oakland to Hayward with more than 250,000 tons of rubberized asphalt concrete (RAC), Saeed was responsible for all aspects of the construction management, including extensive coordination with other projects on I-880, major facilities such Oakland Coliseum, Oakland Airport, Bay Area Rapid Agency (BART), AC Transit and numerous Cities along the project site. In addition to the massive amount of RAC, the project also included placement of Open Grade Asphalt Concrete (OGAC) riding surface across all lanes, temporary and permanent striping and median concrete barrier construction and modification.

Adobe Creek / Highway 101 Pedestrian Overcrossing, Palo Alto, California As resident engineer on this $20 million , Saeed is responsible for managing all aspects of construction management for this pedestrian overcrossing. The steel structure truss spans 10 lanes of highway across Highway 101 and spa nning East and West Bayshore frontage roads with concrete voided slab approach structures on both sides with a total length of about 1200 feet and a 147 feet separate structure steel truss bridge spanning adobe creek. The project also includes electrical joint trench for electrical and fiber trunk lines, paving of the 600’ long adobe trail reach, extensive lighting, irrigation, landscaping and drainage work.

Saeed managed the project budget, schedule, enforcement and oversight of FHWA and Caltrans requirements. He coordinated all source inspection and materials testing and worked with Caltrans oversight engineers to ensure proper project compliance. He also coordinated extensively with Caltrans construction mangers on adjacent projects in the Highway 101 c orridor, for lane and full freeway closures required for bridge erection. Saeed also coordinated with project design with regards to submittals and RFIs.

Clarke Avenue Highway 101 Pedestrian Overcrossing, East Palo Alto, California As the Resident Engineer, Saeed was responsible for managing all aspects of construction management for this pedestrian overcrossing. The skewed structure spanned eight lanes of highway across Highway 101 and including construction of a sophisticated falsework system and electrical signals and lighting, and drainage and utility relocations. Saeed managed the project budget, schedule, enforcement and oversight of FHWA and Caltrans requirements. He coordinated all source inspection and materials testing and worked with Caltrans oversight engineers to ensure proper project compliance. He also coordinated extensively with Caltrans construction mangers on adjacent projects in the Highway 101 corridor, for lane and full freeway closures required for falsework erection. Saeed also coordinated with project design with regards to submittals and RFIs. By identifying unnecessary items of work, such as the relocation of a waterline, Saeed was able to keep the project two months ahead of schedule and under its $10M budget.

Bay Lights Project, San Francisco-Oakland Bay Bridge, California As Project Manager and Resident Engineer of the Bay Lights Project, Saeed led the effort to install 25,000 individually addressable LED lights on the vertical suspender cables of the West Span of the Bay Bridge, in commemoration of its 75th anniversary. Concurrent to duties on the New East Span of the Bay Bridge, Saeed spearheaded this project from its inception, and was instrumental in making this idea a reality. He supported the Bay Lights Team through the initial environmental study, project development, estimates, and selection of the design / build team; and worked with the contractor and design team to prepare the plans and specifications. Saeed’s solid knowledge of Caltrans requirements was the key for streamlining the Caltrans District 4 encroachment permit process. Saeed also managed construction activities and coordinated all work with adjacent contracts of the New East Span of the Bay Bridge.

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
8 ANTHONY GORYL, P.E.

Project Manager | Resident Engineer | Project Controls | Construction Management Years of Experience
8 Education
M.S., Structural Engineering, University of California, San Diego, 2014 B.S., Civil Engineering, Oregon State University, Corvallis, 2013 Professional Registration
Professional Engineer: California, License No. C86872
Professional Engineer: Nevada, License No. 027134
Key Qualifications
Anthony has over eight years of diverse and relevant experience focused on transportation and civil works projects. He has performed various roles in both the design and construction management fields including project manager, resident engineer, and construction manager to name a few. He is experienced in project planning and delivering preliminary and final design plans, specifications, and estimates, and is knowledgeable in construction related activities such as estimating, scheduling, and construction management. In addition, he has worked on a variety of projects ranging in size, cost, complexity, and has accomplished projects under both design-bid -build and design-build delivery methods. He is a motivated self-starter, team player, and prides himself on creating practical solutions to complex problems. Anthony is committed to delivering quality projects on-schedule and on-budget.

Experience
Washington Avenue Pavement Rehabilitation, City of Albany, California Resident Engineer providing the City of Albany with construction management support to deliver the Washington Avenue Pavement Rehabilitation Project. This project included the reconstruction of various curb ramps, valley gutters, and grinding and paving a section of Washington Avenue between Cornell Avenue and Masonic Avenue.

San Pablo Avenue Pedestrian Improvement Project, City of Albany, California Project manager providing project management support to the City of Albany with special considerations for administering the federal-aid provisions in the Caltrans Local Assistance Procedures Manual. Under this role, Zoon is helping the City authorize the federal funds expenditure for the construction phase of this project. Various tasks include facilitating the Caltrans encroachment permit, right-of-way certification, and preparing the request for authorization construction package with the goal of receiving auth orization by November 2022. In addition, Zoon is providing utility coordination services and specification review to ensure compliance with federal- aid contract language. Finally, Zoon is performing plan constructability review to minimize change order risk for the City.

Disadvantaged Business Enterprise Program, City of Albany, California Project manager providing project management support to the City of Albany to implement a Disadvantaged Business Enterprise Program for Federal Fiscal Year 2022. This program is necessary for public agencies to be eligible to receive and utilize federal funds and includes assisting Albany with the preparation of Federal -Aid boiler plate specifications, DBE goal calculations, development of race conscious/neutral measures tailored to the City’s needs, and website language.

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
9 Parcel F and Transbay Terminal Vent Relocation, San Francisco, California Construction Manager for the Transbay Joint Powers Authority (TJPA) for the Vent Relocation Project and Parcel F tower construction. Zoon Engineering was hired to protect the owner’s interests during the construction of these projects. The presence of existing vent shafts restricts ground floor development in the area directly across from the retail and pedestrian zone adjacent to Natoma Street. The vent shafts along with existing MEP equipment will be relocated to clear room for the irregular Parcel F tower construction. This project requires modifications to the existing transit center train box to provide new ventilation and cooling structures to the west of the cable-stayed bus ramp. Once the vents are relocated, Zoon will support the TJPA by monitoring construction activities of the Parcel F tower so that no structural damage occurs to the existing transit center train box.

Google Downtown West Development, San Jose, California
Utility Coordinator for the Google Downtown West Development . This development is part of the Diridon Station Area Plan which will create a mixed-use urban destination near public transit. Initial phases of work require the extensive relocation of utilities to clear existing building sites for demolition, excavation, and street reconfiguration. In addition, Google plans to underground portions of transmission lines to aid in the aesthetic appeal of the development. Zoon has been facilitating coordination with various utility stakeholders with the goal to relocate existing facilities and break ground in late 2022 on schedule.

South Broadway Soundwall Repair Project, Walnut Creek, California Project Manager and Lead Engineer for this phased one -mile long soundwall repair project. The original soundwall was previously constructed of timber and had since fallen into disrepair. A new CMU wall founded on CIDH piles was designed and constructed as the replacement. The soundwall is immediately adjacent to a Kinder Morgan Petroleum Pipeline, Central San Sewer, CCCFCD Walnut Cre ek Flood Control Channel, other minor utilities, and local residents. As a result, coordination was required between multiple vested parties and was critical to project success. Anthony also provided construction inspection services as part of this project.

City of Walnut Creek Bridge Inspections and Load Rating, Walnut Creek, California Project Manager and Lead Engineer for the inspection of five local City bridges. Of the five bridges, one is a vehicular bridge and the rest are pedestrian overcrossings. Anthony developed an inspection report for each bridge following the Caltrans format. These bridge inspection reports provide the City with repair recommendations to maintain the longevity of each asset. In addition, Anthony load rated the vehicular bridge following AASHTO MBE and Caltrans load rating procedures. As a result of the load rating, the bridge required posting for vehicular weight restrictions. Combined with the results of the bridge inspection report Anthony assisted the City in developing a replacement plan for this specific vehicular bridge.

Bridge Inspections and Load Ratings, Monterey County, California Assistant Project Manager and Lead Bridge Inspector for 11 County managed and maintained bridges.

Anthony performed a condition assessment and load rating for each bridge to help the County develop a bridge maintenance and rehabilitation program. Most bridges were constructed prior to 1950 and in various states of structural health. This program allowed the County to establish routine inspect ions and provide reliable and accurate information to program funding for maintenance and repair work.

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
10 CRAIG PARMLEY
Construction Manager | Resident Engineer | Senior Inspector | Structures Representative Years of Experience
36 Education
B.S., Material Science and Engineering – San Jose State University Key Qualifications
Craig brings a long history of proven success on various types of public works projects to the team. His skills as a construction manager, project manager and resident engineer have been acquired through over 32 years of experience. The combination of strong communications and negotiating skills coupled with an excellent technical knowledge and deep construction experience make Craig an instrumental member to our team.

Craig served as the Division Chief for the County of Marin’s Road Construction and Maintenance Division.

Total yearly CIP projects averaged $18M a year and included road overlays, bridge construction and repair, retaining wall construction and repair, general road infrastructure maintenance, replacement and repair of the County’s storm drain system, and the management of a construction crew of 48 individuals. The following is a list of selected project experience:

Experience
US101 Express Lane Construction Project, San Mateo County, California As Resident Engineer for the integration of tolling infrastructure for 23 miles of high occupancy vehicle lanes along north and southbound US101, Craig, was responsible for representing the SMCTA’s interes ts on this $350M Caltrans/San Mateo County Transportation Agency project which entailed the conversion of existing high occupancy vehicle lanes along southbound and northbound US101 from Embarcadero Road, in Palo Alto, to South Airport Road in South San Fr ancisco. Craig was responsible for construction management and inspection services on the toll integration portion of the contract along including coordinating these activities with the Resident Engineer and CMGC Project Manager on the civil portion of the project. This included issue resolution, claims avoidance, stakeholder coordination, biddability/constructability review, change order management and schedule management.

I-880 Express Lanes Conversion Project, Alameda County, California As Assistant Resident Engineer Craig, was responsible for managing this $44M Bay Area Infrastructure Financing Authority (BAIFA) project, which entailed the conversion of existing high occupancy vehicle lanes along southbound and northbound I-880 from Hegenberger Road, in Oakland, to the State Route 237 separation in Milpitas. The conversion included directional boring, freeway widening, lane striping, and installing overhead and roadside signage, FasTrak toll tag readers, and traffic monitoring equipment.

Concrete barrier modifications were required for the lane reconfiguration. Craig was responsible for construction management and inspection services on this project including issues resol ution, claims avoidance, stakeholder coordination, biddability/constructability review, change order management and schedule management. Craig’s strong understanding of construction, the project’s plans and specifications, and Caltrans Standards made him i nstrumental to management of field, inspection, managerial, and administrative activities.

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
11 Oak Grove Rehabilitation Project, City of Concord, California As Assistant Resident Engineer, Craig was responsible for managing this $2 .2 million dollar paving project, which entailed using cold in-place recycling to rehabilitate 1.5 miles of an existing 5 lane arterial in Concord.

The project also included new ADA-compliant curb ramps and the conversion of the existing loop traffic detection system at 4 major intersections to a camera based one. Craig was responsible for construction management and inspection services on this project including issues resolution, claims avoidance, stakeholder coordination, biddability/constructability review, change order management and schedule management. Craig’s extensive understanding of paving operations and the CIR process resulted in the project being finished early as well as $70K under the contractor’s original bid (without contingency).

County of Marin, Division Chief – Road Construction and Maintenance Craig served as the Division Chief for the County of Marin’s Road Construction and Maintenance Division.

Total yearly CIP projects average $18M a year and include ro ad overlays, bridge construction and repair, retaining wall construction and repair, general road infrastructure maintenance, replacement and repair of the County’s storm drain system, and the management of a construction crew of 48 individuals. During his tenure, the County’s pavement condition index rose in six years from 42 to 70. Between 2012 and 2013, index rose 5 points by utilizing various paving techniques such as CIR (cold-in-place recycling, BWC (bonded wearing courses), other non-traditional meth ods and by changing the preservation guidelines regarding limits and restoration standards on moratorium and non-moratorium streets. All of the construction work in the field, whether done by outside contractors or County personnel was overseen by Craig and his staff.

This work required him to work closely with numerous utilities and municipalities.

County of Marin, Emergency Slide Repair Program
As Construction Manager, Craig provided construction management and inspection services on 14 separate projects ranging from $300K to $2M throughout Marin County. Total cumulative construction value of the program was approximately $7M between July 2006 an d April 2007. The projects ranged from retrofits of existing failing structures to MSE wall construction, pile supported retaining wall construction and pile/tie back (or soil nail) wall construction. Craig’s team assisted the civil and structural designer s in preconstruction site surveys. He also coordinated emergency utility relocations with all local agencies, including MMWD and PG&E, and provided coordination with Caltrans and the U.S. National Park Service.

Page 35 of 47 ends

City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
12 MIRZA JUFAIN BAIG
Construction Inspector | Change Management | Project Controls | Construction Management Years of Experience
6 Education
M.S., Civil Engineering, California State University, Fullerton B.S., Civil Engineering, Osmania University
Software Skills
AUTOCAD, Primavera P6, Bluebeam, Microsoft Office, Heavy Bid Training
SWPPP, Caltrans Lane Closure System, Traffic Control, Trenching, Shoring, Excavation & Paving, OSHA 10 & OSHA 30 Key Qualifications
Mirza is a motivated and result -focused construction engineer with 6 years of experience spearheading complex multimillion -dollar Heavy Civil Public projects. Mirza is skilled in leading field crews and collaborating with project stakeholders to achieve high -level production and complete pro jects within budget and time. Mirza is proficient in cost estimating, scheduling, job cost accounting, and construction operations including excavation, paving and grading, demolition, drainage, retaining walls, traffic control, concrete work, highway electrical work, signs, striping, irrigation, and landscaping. He has worked as Storm Water Pollution Prevention Inspector on various Highway Projects. Mirza has extensive knowledge of Caltrans Standard Plans and Specifications. The following is a list of selected his project experience:

Experience
2022 Sonoma County Pavement Preservation Project, Sonoma County, California As Inspector on this $21 million project, Mirza was responsible for the daily field inspection of various roadway activities including Paving, Dig-Outs, Striping, Adjusting Utilities, Clearing & Grubbing, Ditch Excavation, Shoulder Backing, Traffic Control , SWPPP etc. The project consists, in general of a full -depth reclamation of various County roads and/or placement of an asphalt concrete overlay on various County roads together with associated flagging, traffic signal modification, metal beam guard rail, ditch maintenance, culvert replacement, traffic control and preparation required to construct the work, repairing pavement structural section, cold planning, shoulder backing along with delineation of the new pavement surface He managed and tracked quantities for payment, maintained project documentation, as -built drawings, and punch list work.

Washington Avenue Rehabilitation Phase II, City of Albany, California Mirza provided field inspection services and construction management support for this $500,000 project.

Along with supporting daily field inspections and document control, he was actively involved in the budget and change order management support for this project. The project comprised roadway work including 2484 square yards of pavement re -construction and 216 square yards of pavement milling and overlay along Washington Avenue and its cross -streets. The project also included ten curb ramps and other concrete work. Mirza’s efforts in effective cost management and field support helped City to expand the limits of the work for paving and concrete under the same contract.

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
13 2021 Sanitary Sewer Rehabilitation Project, City of Albany, California As Field Inspector for this $2.5 Million project, Mirza was responsible for inspecting the replacement of sewer systems using pipe bursting and open trench method in different streets of Albany along with the restoration of paving and concrete. The project consisted of installing 7,000 feet of HDPE & PVC sewer pipe.

It also included the installation of new lower laterals for the replaced sewer line, installation of new manhole structures, and rehabilitation of the existing manhole structures. Mirza was responsible for inspecting various construction activities, including excavation, pipe bursting, traffic control, backfill and compaction, shoring, and safety. He tracked quantities for payment, maintained project documentation, as-built drawings, and punch lists, as well as change order management.

Gladys Avenue, El Dorado Street & B Street Improvement Project, El Cerrito, California As Assistant Construction Manager and Inspector on this $400,000 project, Mirza provided construction management and inspection services for this roadway improvement project. The Gladys Avenue, El Dorado Street, and B Street Improvement Project comprised the repair of localized pavement failures, asphalt concrete patch paving, cold planning and milling, roadway excavation, and placement of new hot mix asphalt Concrete paving, as well as the removal and replacement of concrete sidewalk, curb and gutter, driveways, and curb ramps. The Project also included the installation of traffic signs, striping, and pavement markings. Along with inspecting all fieldwork, Mirza was also responsible for reviewing submittals, RFI responses, tracking field changes, and progress payments, coordinating with different utility companies, and public outreach/notifications.

Highway 101 Pedestrian/Bicycle Overpass Project (Phase 3), Palo Alto, California As Inspector on this $13 million project, Mirza was responsible for providing various construction inspection services. The project comprised the construction of grade-separated, pedestrian and bicycle overcrossing over Highway 101 and Adobe Creek in the City of Palo Alto. The project creates a connection to the San Francisco Bay Trail at East Bayshore Road and includes a 650 -foot-long trail along the east side of Adobe Creek. The main span is a 168-foot prefabricated steel-truss structure spanning the freeway and supported on concrete pier walls on either side of the freeway. Funding for the project is through various local, private, State, and Federal funding sources. The project schedule was approximately 18 months in duration. Mirza was responsible for inspecting various construction inspection activities, including grading and paving, storm drainage systems, and underground and utility facilities.

Bay Road Improvement Phase II and III Project, East Palo Alto, California As Inspector on this $11 million project, Mirza was responsible for providing various construction inspection services. The project comprised the construction of new sidewalks, crosswalks, new streetlights, pedestrian lights, drainage improvements, landscaping, and bus passenger shelters. The project will repair the roadway’s base structure section and resurface Bay Road. New striping will delineate vehicle travel lanes and bicy cle lanes to create a multi -modal street that meets current design and safety standards for a vehicle, bicycle, and pedestrian traffic. All improvements will be constructed within the existing Bay Road right-of-way. Funding for the project is through vario us local, private, State, and Federal funding sources.

The project schedule was approximately 13 months in duration. Mirza was responsible for inspecting various construction inspection activities, including grading and paving, storm drainage systems, and underground and utility facilities.

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
14 RUBEN ZEPEDA, ACI, ICC
Caltrans Certified Sampler/Materials Tester/Source Inspector Mr. Z epeda joined AME in 2014, bringing
several years’ experience in the construction
trades. He holds ACI, ICC and Caltrans
certifications and is well versed in Caltrans
standards and procedures.

In addition to providing material sampling,
testing and special inspections for various
infrastructure projects, including bridges,
roadways and highways, Mr. Zepeda has worked on
recreational, educational, office, residential, and mixed -use facilities, as well as transit -oriented developments and parking garages of varying scope and size.

Key Project Experience:

Crystal Springs Dam Bridge Replacement, San Mateo
County, CA
Reconstruction of County Bridge No. 67 (State Bridge No. 35C- 043) on Lower Crystal Springs. The new bridge will be a post- tensioned concrete box girder structure. The project involved material sampling and inspection services for: concrete, grout, structural steel, and compaction of soil/aggregate and HMA, and source inspections.

Safe Routes to School Cycle 2, Richmond CA
This project reduced a 4 -lane roadway to 2 -lanes in front of Nystrom Elementary school, complete with bulb -outs, lighted crosswalk, and new bike lanes. AME provided quality assurance testing and source inspection services for compaction, concrete placement, and asphalt.

Concord Various Streets Preservation Project # 2292, CA General roadway repairs to two city streets: Concord Blvd from 6th Street to Port Chicago Hwy; and Arnold Industrial Way from Port Chicago Hwy to Pike Ln. Removal of top 2.5 inches of existing asphalt concrete pavement, repair of failed base areas, and placement of approximately 2 inches of rubberized asphalt. AME provided project management, inspection and testing services for: compaction, Hot Mix Asphalt, soil and aggregate testing, sieve analysis, sand equivalent, and cleanness value.

Balfour Road Shoulder Widening, Brentwood, CA
The project consisted of widening Balfour Road requiring paved shoulders, installation of storm drain ditches, and relocation of existing utilities. Left turn pockets were added to east and west leg of Balfour Road at Byron and Bixler Roads. AME provided testing and inspection services for: concrete, soil & aggregate material, Hotmix Asphalt Source/Batch Plant, precast concrete
Canyon Bridge Road Repair, Moraga, CA
Construction of a prefabricated temporary one lane, 150-foot steel truss bridge supported by CIDH piles & retaining walls to replace the existing bridge damaged by landslide and earth movement. AME provided project management, materials sampling and testing for structural backfill and aggregate bases, structural concrete, AC paving and splice tests.

Education:

High School Diploma
Certifications(s):

Certified Nuclear Guage Operator
California Department of Transportation –
Certified in CTM 125, 216, 231, 375, 533, 539,
540
ACI Concrete Technician, Grade I
ICC Soils Special Inspector
ICC Reinforced Concrete
ICC Fireproofing
ICC High Strength Bolts
Expertise:

Asphalt Testing: Compaction, Maximum density,
Oil content, Stability, Air voids, Rolling pattern.

Soil/Aggregate: Compaction, moisture -density,
Cal impact, sieve analysis, cleanness value,
sand equivalent, durability index.

Concrete: Compression, Unit weight, Kelly ball,
slump, air content, flow.

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
15 SECTION 3: APPROACH AND UNDERSTANDING
The Oak Grove Road Pavement Rehabilitation Project Phase 3 is primarily comprised of paving operations (CIR, RHMA, and base repair), fiber optic conduit and pull box installation, installation/upgrades to existing curb ramps, signing and striping, trash capture device installation, adjustment of utility c overs to grade, and replacement of curb and gutter and valley gutters . Construction is estimated at $1,145,000 without contingencies and must be completed prior to July 31, 2023 with an expected duration of 50 working days.

The project is anticipated to st art five days after the contract or receives the Notice to Proceed and is funded by Measure V, Measure Q, and Measure J local funds. Public and community outreach in addition to traffic control will be critical to project success due the proximity to adjacent schools, shopping centers, businesses, and residents.

The City of Concord is seeking the services of a construction management firm with a strong construction background and depth of resources to handle all construction management and materials testing aspects.

Our team knows how to manage projects that comply with city, state, and federal standards and adhere to Caltrans Local Assistance Procedures. Led by Saeed Shahmirzai as your Resident Engineer, Zoon’s project team will immediately address project challenges and issues head-on and develop comprehensive strategies for managing them. Success of the project begins before construction starts. Our goal is to identify project risks early and develop innovative and creative solutions to contain them before they lead to adverse cost and schedule impacts. Throughout this process, our efforts will be guided by four main principles:
• Managing public and community:
relations, communication, safety, and
concerns
• Maintaining project schedule
• Minimizing construction cost
• Ensuring project quality
Clear and open communication between the City, contractor, design engineer , managed by Zoon will ensure a smooth project . Keeping City staff informed is crucial to project success and our ability to effectively comm unicate will become clear as we engage throughout the project during the preconstruction conference, progress meetings, status report meetings, and public outreach activities. In addition, having a local resident of Concord on the project means that Anthony will be available to meet in person at a moment’s notice. While we will keep the City informed of project progress, we do not foresee extensive City involvement to ensure project success.

Due to the City’s schedule to tender the project prior to awarding the CM contract (per the RFP), some of the construction challenges identified in the following sections may not be able to be resolved until after the project is awarded to the contractor. However, Zoon is committed to working with the City, designer, and contractor to resolve any issues in the most effective manner . From our initial review of the project site and contract documents, the Zoon team has identified a few critical elements to s uccessfully constructing the project. The following subsections present our approach to managing the p roject’s key challenges/goals and delivering unqualified success to the City of Concord. a) Public and Community Outreach
First and foremost, the Zoon Team can lead or help support public engagement efforts. Working with the City, we will develop a public outreach campaign which will include in person meetings with local business and community members, mailers, website updates, and social media posts to inform the public. We will work with the contractor to integrate these items into the project schedule or develop our own outreach program which will allow for advanced notification to the public and would include work planned for the following week(s), impacted areas, and advise on mitigation measures.

Anthony and Mirza will coordinate with and issu e regular notifications to the local businesses, transit agencies, schools, and any other groups/entities affected by the project. We successfully accomplished this task with an identical scenario on the Marin Ave nue Undergrounding Project in Albany where we undergrounded thousands of feet of utilities along busy roads adjacent to residents , businesses, and

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
16 nearby schools. Our goal is to mitigate potential impacts to the residents, businesses , and the travelling public by providing valuable and relevant information in real time and establishing realistic public expectations. As previously mentioned, Anthony is a resident of Concord and his proximity to the project site and City offices will be an asset to maintaining and managing good relations with the community of which he is a member.
b) Traffic Management/Parking and Access Restriction / Notification Construction staging, scheduling, and traffic management will be vital for project success along Oak Grove Road. The project is in the immediate vicinity of Oak Grove Plaza, Ygnacio Valley High School (YVHS), Palm Lake Apartments, the Contra Costa Canal Trail, Contra Costa Fire Station 10, and many other local schools, businesses, and residents of Concord including the Shadelands area . Businesses and residences off Oak Grove Road, including Oak Grove Plaza and Palm Lake Apartments, will still need to be accessible by pedestrians and vehicles alike, and construction activities will need to be staged and planned to minimize disturbances. Zoon will enforce the requirement of maintaining a minimum of two driveways to Oak Grove Plaza from Oak Grove Road while working with the contractor to develop an effective construction phasing plan to accommodate the nuances of cold-in-place recycling operations. This project will require extensive and detailed planning to develop an accurate t raffic management plan based on the order of work and sequence of the paving and concrete operations to address the following:
• Proper and timely notification to schools, businesses, residents, and the public for access and parking restrictions. While a 4-calendar day (door hangers) and 24-hour (driveway closure) minimum notice is stated in the project specifications, Zoon will work with the contractor to ensure as much notification as possible is given to reduce impacts on the community. • Proper and timely notification to transit agencies (bus service), police, fire departments, local utility companies, and East Bay Regional Parks District of any impacts or traffic restrictions. • Proper staging of work to maintain vehicle access at a minimum of two driveways to the Oak Grove Plaza from Oak Grove Road and avoid blocking access to other businesses during their operation hours and delivery schedules. Access to Ygnacio Valley High School will be maintained through 1:00 PM on weekdays.
• Always provide safe pedestrian access (allow work only at one side of the street at a time and at one curb ramp per intersection) and maintained access to the Contra Costa Canal Trail throughout the project.

Our effort will begin with a detailed review of traffic handling plans. Saeed and Anthony will make this a priority and they will review the contractor’s Traffic Management Plans (TMP) for completeness and compliance with City requirements and moratoriums . Our team will work closely with the selected contractor to ensure all traffic safety devices are installed as required in the approved TMPs and the traffic management plans are implemented fully and accurately. We will pay special attention to local bus operations and minimize any potential delays associated with the work. Detours will be clearly marked; signs will be visible and readable. We will inspect traffic control measures daily to ensure their safety and effectiveness. Our team will coordinate with traffic control operations, parking, and bike/ped routes to ensure safe pedestrian, bicycle, and vehicular access through our work zone for the public.

The Project’s construction activities will also require extensive flagging. As such our team will work closely with the contractor to utilize flaggers as needed for safe handling of vehicular traf fic, pedestrians, and bicycles through the work area in the most efficient manner. c) Fiber Optic Conduit and Pull Box Installation
Fiber optic conduit and pull box installation is proposed for approximately 680 lineal feet along Oak Grove Road (per contractor bid set) with tie -in points located at the northeast corner of Treat Boulevard/Oak Grove Road and in the sidewalk near the Wells Fargo building/southernmost driveway on the west side

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
17 of Oak Grove Road. Zoon will work with the contractor to minimize the effects of trenching operations on traffic, especially as the trench crosses Oak Grove Road near the intersection with Treat Boulevard.

After a preliminary plan review and field investigation, there are concerns with fitting the 48E pull boxes in the respective proposed locations at Treat Blvd/Oak Grove Road and in the sidewalk near the Wells Fargo building .

Current infrastructure such as guy wires anchors,
controller cabinets, existing utility boxes/vaults, existing utility infrastructure, and narrow sidewalks limit available space to place the 35 -in by 5 3-in pull boxes . Zoon will work with the contractor and coordinate with affected
owners ahead of time to make sure there is adequate
space to place the pull boxes or identify new locations if field invest igations (including potholing) determine
otherwise. See the photo to the right showing Treat
Blvd/Oak Grove Road.

Trenching operations and pull box placement at the Wells Fargo location will disrupt the existing sidewalk and may disrupt the southernmost plaza driveway . Zoon is aware that this is a tight location and has existing landscaping that may be impacted by the contractor’s operations. Anthony and Mirza will work with the City to ensure advanced notifications are sent in a timely manner to minimize disruptions and that proper pedestrian detours are implemented. Additionally, Zoon recognizes that the interim 6E pull box may also disrupt pedestrian traffic and we will work with the contractor to plan accordingly.

Prior to the start of any fiber optic conduit or pull box installation, Zoon will work with the contractor to ensure that the proposed route, pull box locations, and conduit bend radii are free and clear of any obstructions due to existing underground utilities or constructability issues before they become a problem. We will work with the contractor to determine an appropriate potholing plan and help propose alternate routes and solutions to mitigate conflicts that might arise. From our past fiber installation experience, we have found that having a backup routing plan can help mitigate potential field problems. d) Paving Work (Base Repair, Cold-In-Place Recycling, and RHMA,) Paving on this project is comprised of milling, localized base repairs, cold -in-place recycling, and rubberized asphalt overlay. Zoon has extensive experience with CIR work having performed a similar role for the City’s Oak Grove Road Pavement Rehabilitation Project Phase 2 . We have direct experience with mobilization and staging areas in the immediate area/neighborhood and come to the table with knowledge on how to minimize staging impacts to the residents and local businesses.

Our team will pay close attention the contractors schedule and enforce the order of work as outlined in the specifications so that the finished product is aesthetically pleasing, structurally sound, and conforms to project requirements. Mirza and Anthony will walk the project site after milling to make sure no additional base repairs needed and that all surface preparation steps have been completed satisfactorily.

AME will sample and test the CIR materials and compaction at intervals specified in the contract documents. Zoon will review the contractor’s quality control and assurance plan in detail to ensure that proper action limits are identified, and that CIR material will not be exposed to traffic for more than 24 hours prior to RHMA overlay. Our inspection staff will watch for areas of differing material types and work with QA/QC staff to adjustment the mix as necessary to offset these conditions.

The design drawings currently show relatively small phasing areas in front of Oak Grove Plaza that are typically not conducive to CIR operations. CIR equipment “trains” are typically a couple hundred feet long and require a certain distance to tweak and adjust the equipment as necessary to meet project requirements. Night work could be an alternative to minimize traffic disturbances and increase

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
18 productivity, or a traditional paving strategy could be co nsidered as it is more friendly to phasing in this area. Zoon will work with the City, contractor, and designer to determine the best strategy to implement.

During our site walk, Zoon also noticed the presence of overhanging tree branches that may conflict with paving operations. We will work with the City and contractor to determine which branches need to be trimmed to accommodate CIR operations and we will coordinate any other preceding work necessary to facilitate construction activities. In addition, there are some tree roots that have damaged existing curbs, gutters, and sidewalks resulting in localized ponding (some of which are noted on the plans ). Zoon will work with the City, designer, and contractor to make sure all the problematic locations are addressed and necessary tree trimming is done prior to the nesting season. e) Concrete Repair Work and Curb Ramps
ADA compliant curb ramps are slated to be part of this project (total of four) at the intersection of Palm Lake Apartments/Oak Grove Road and Santa Paula Drive/Oak Grove Road. The operation to replace curb and gutter and ADA ramps have the most potential for creating adverse impacts to the pedestrians along the project limits . These activities will create acce ss issues not only during concrete placement but also during demolition, forming, and base rock placement/grading. To minimize disruptions, Zoon will review the traffic control and pedestrian routing plans and ensure proper implementation on a daily basis , including limiting the closure of only one curb ramp per intersection and one sidewalk per street block.

All ADA ramp locations will be checked ahead of time to ensure there are no conflicts with trees and roots, utility lids, manholes, and pull boxes. Forms and grades need to be checked before, during, and after each pour to ensure compliance with the City s tandards,
Caltrans, ADA, and contract requirements as applicable. For sidewalks and curb ramps, Anthony and Mirza will check for ADA requirements such as slopes at driveways, slopes and truncated domes at curb ramps, minimum required
clearances at poles, fire hydrants , and other objects in the sidewalk. We will work closely with the City to disseminate timely notific ations to the impacted business es and
residents and with the contractor to develop a detailed work plan with accurate schedules. Our goal is to minimize impacts to all involved parties.

Like Oak Grove R oad Pavement Rehabilitation P roject Phase 2 , Zoon wil l prepare a final report documenting ADA compliance for all installed facilities. From our field investigation, we have noted that the curb ramps at Santa Paula Drive/Oak Grove Road will be particularly challenging to meet ADA requirements due to existing grades/slopes while maintaining existing drainage patterns. In addition, the north curb ramp at Palm Lake Apartments/Oak Grove Road has a utility box currently conflicting with curb ramp/acting as a curb. Zoon will pay special attention to these locations to ensure contract compliance. f) Potholing and Utility Coordination
There are many existing utilities running through this project corridor that need careful consideration during construction activities such as gas, sanitary sewer, electric and communications infrastructure, and water lines. Per project requirements, it is the responsibility of the contractor to determine depth and location of all utilities that may be affected by the project. Zoon will coordinate with the contractor to develop a comprehensive pothole plan to minimize any risk associated with disturbing existing utilities especially as it pertains to trenching, milling, and CIR operations. Coordination with higher risk utilities, such as PG&E gas, will be important so that lines are monitored to avoid accidents like the recent gas fire along Grant Street during a paving/full depth reclamation project. Utility coordination is of the utmost importance in keeping your project on schedule. Anthony and Mirza will lead the team in coordinating the identification of potentially shallow utilities and abating and addressing the same.

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City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
19 We will contact, schedule meetings, and perform site walks with all involved utilities including Pacific Gas & Electric, Central San, and Contra Costa Water District to name a few. Working with the utilities early to familiarize them with the project and to identify lids, manhole, vault/box, and meter adjustments to grade will help the project run smoothly as this work can take time and will need to be aligned with the contractor’s schedule. C oordination meetings will identify specific responsibilities and inform workable schedules that accommodate your project constraints. Zoon is heavily involved with many of these same entities for utility coordination on both the 80-acre Google Downtown West Development in San Jose and the San Pablo Pedestrian Improvement Project for the City of Albany. For these projects, we have routinely communicated with utility companies, helped execute agreements , led field walks, and have been coordinating construction activities to minimize budget impacts and keep activities on schedule. g) Signing and Striping
Part of this project and includes removal and replacement of traffic striping and pavement markings; installation of roadside signs and traffic separator curbs; and improvements to bike lanes, pedestrian crosswalks, and bike/ped signage. Zoon will review the contractors signing and striping plan for contract conformance and that all materials are per the specification. There will be extensive temporary striping as part of this project while the contractor performs paving operations. Zoon will ensure that temporary pavement markings, cat-tracking, and permanent striping operations minimize impacts to vehicular and pedestrian traffic. Zoon will work with the C ity Traffic Engineer to approve field layout and cat -tracking prior to final striping operations and approval of new signing locations. h) Project Administration
C
OMMUNICATION AND COORDINATION . Zoon will coordinate with the City, design engineer, contractor, and other parties involved in the project from the beginning to the end. We will conduct the preconstruction conference; schedule and conduct progress meetings with clear and concise agendas and minutes; and attend biweekly or weekly status report meetings. Anthony’s proximity to the project site and City offices will allow for the utmost flexibility. Zoon will coordinate field reviews, site walks, final walk throughs, and engage with project stakeholders as needed to ensure a successful project delivery.

SCHEDULE . Our team is experienced in reviewing and analyzing construction schedules. Saeed, Anthony, and Mirza will work with the contractor on developing a reasonable and achievable construction baseline schedule following the project specifications and also containing of non-construction activities. They will enforce the construction schedule and phasing plan by diligently reviewing the three week look -ahead and monthly updates and comparing them to both the baseline and field activities for deviations. Our team is experienced with time impact analyses having both reviewed and prepared them for various clients. Proper schedule management is important for the successful delivery of this project and to inform all parties affected by construction.

P
ROJECT TRACKING /PROGRESS PAYMENTS . Zoon has managed both large and small projects that required detailed and organized tracking protocols. Our team is intimately familiar with the Caltrans LAPM manual including daily reporting procedures and preparing weekly statement of working days. We will track, coordinate, and maintain records of project submittals , RFIs, as- built conditions, and any other items including those outlined in the Project Stabilization Agreement. We have developed and continue to refine our own tools to monitor construction budgets and track installed and expected quantities of work. Zoon will assist the City with processing progress payments as needed.

C
OST CONTROL /CHANGE ORDERS /CLAIMS . Zoon’s change/cost management system provides early identification and reporting of potential cost and schedule impacts caused by various circumstances including differing and/or unknown site conditions, contractual issues, and project schedule delays or accelerations. Our team has extensive skills negotiating and resolving contractual issues and change orders, and we have excellent working experience with local contractors. Zoon will assist the City as needed to draft, review, and negotiate change orders and cost proposals , in addition to any potential

Page 43 of 47 ends

City of Concord
Construction Management and Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
20 claims that may arise. We pride ourselves on our ability to identify issues early and recommend practical solutions in a timely manner to minimize project disturbance.

STORM WATER POLLUTION PREVENTION . SWPP is another issue that has come to the forefront of our industry. Saeed, Anthony, and Mirza have knowledge and expertise in reviewing and implementing SWPPPs and Best Management Practices . The Zoon Team will work closely with City staff to review the contractors water pollution control program to make sure contract requirements are met as outlined in the specifications . Additionally, we will ensure that the contractors submittal includes a schedule for inspection, responsible persons for inspection, and that BMP’s are inspected regularly.

SAFETY . Our approach to safety is clear and concise: no job injuries. This zero -tolerance attitude necessitates a high level of involvement and coordination with the C ity and contractor personnel. The Zoon strategy to achieve our safety goals includes the following: develop and implement a project-specific code of s afe practices, p rovide safety training to all team members , c onduct weekly safety meetings , attend and document contractor tailgate safety meetings , r eview the work practic es and general site conditions for safety daily , ensure quick and easy access to emergency procedures and phone numbers , and update safety practices as necessary to eliminate incident recurrence. i) Quality Assurance, Inspection, and Materials Testing This proposal has talked about quality assurance, inspection, and materials testing in various subsections above. Our goal is to deliver the highest quality product possible. Anthony and Mirza will provide day-to-day observation/inspection of work to ensure that the provisions of the contract are being fulfilled.

Daily logs and photographs will be recorded to track and document progress. Zoon will coordinate with AME to perform materials testing at the intervals stated in the specifications and per the Caltra ns Construction Manual. Our team will ensure an effective quality control and quality assurance program. j) Project Close Out and Post Construction
The Zoon Team maintains a philosophy of ‘No Punch List’ to facilitate and expedite project close out. A lengthy list of items to complete at the end of a project is frustrating, time consuming, and costly for all parties. By addressing these items early, our team will greatly minimize the remedial efforts at the end of the project. Part of this process involves comprehensively documenting existing conditions of the jobsite prior to construction with photo and video. Zoon will review close out documents to ensure contract compliance and maintain all original documentation in an organized file system that will be available to the City. Additionally, our team will engage in post construction review, lessons learned documents for future projects, and provide as needed claim resolution and detailed schedule analysis as previously mentioned above.
k) Project Stabilization Agreement
Zoon acknowledges and agrees to be bound by the project stabilization agreement. Zoon’s approach to managing a contractor with a project stabilization agreement will be develop trackable procedures such as adopting a checklist , including tasks/activities in the schedule, and making sure that the contractor keeps and maintains all relevant documentation. Zoon will work with the contractor to develop a checklist so that all items and documentation can be captured in the project file, such as written confirmation that all subcontractors will abide by the PSA. Adding various tasks/activities to the schedule such as the pre-construction conference with local labor unions (discussed in Article V ) will create trackable milestones. Zoon will check that documentation such as p ercentage of hours worked by local area residents is collected and maintained. The PSA and resulting methods of implementation will be discussed during the pre-construction conference with the City, engineer, contractor, a nd Zoon to manage expectations.

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| 2
3960 adeline street # 3 | emeryville, ca 94608 | (925) 451.1585

Page 45 of 47 ends

Pre Construction
Task 2.

Construction
Task 3.

Post Construction Total Hours Billing Rate TOTAL
Saeed Shahmirzai, PE Principal-In-Charge/Resident
Engineer 20 100 20 140 252.50$ 35,350.00$ Anthony Goryl, PE Assistant Resident Engineer/Office
Engineer 40 400 40 480 161.86$ 77,692.80$ Criag Parmley Senior Inspector/FO & CIR Specialist 10 80 10 100 227.50$ 22,750.00$ Mirza Baig Construction Inspector 40 400 40 480 122.46$ 58,780.80$ 110 980 110 1,200 Total Labor Costs: 194,573.60$
Materials Testing Allowance: 35,000.00$
TOTAL: 229,573.60$
Notes:

1. Above hourly rates include all overhead, fringe, and profit unless otherwise noted.

2. Estimate based on a 50 working day construction duration

3. Equipment, supplies, and incidental costs included in labor rates unless otherwise noted.

4. Proposal assumes contract commencement of April 2023 and completion by or before July 31, 2023

5. Escalation for work beyond January 2024, if necessary is not accounted for.

6. Field office costs if required to billed as other direct costs with no markup.

Page 46 of 47 ends

City of Concord
Request for Proposals For
Construction Management And Material Testing Services For Oak Grove Road Pavement Rehabilitation Project Phase 3
City Project No. 2557
Material Estimate Saeed Shahmirzai, PE Anthony Goryl, PE Criag Parmley Mirza Baig Hours by Task and Subtask
Principal-In-
Charge/Resident
Engineer
Assistant Resident
Engineer/Office
Engineer
Senior Inspector/FO &
CIR Specialist Construction Inspector
Task 1 - Pre-Construction Administration
Kick Off Meeting 4444 1 6
P r e c o n s t r u c t i o n M e e t i n g 4424 1 4
Project Document Control System 4 4 4 12
Establish contact with all project stakeholders 4 20 20 44 C o n t r a c t o r S u b m i t t a l L i s t 4848 2 4 Task 1 - Pre-Construction Administration 20 40 10 40 110 Task 2a - Construction Coordination
Meetings 10 30 40 80
Project Document Control System 10 10 20
Project Safety 10 20 40 70
Construction Management 10 40 8 70 128
Negotiations 10 20 30
Daily Project Reports 15 80 50 145
Construction Observation & Inspection 5 80 72 200 357
Task 2a - Construction Coordination 70 280 80 400 830 Task 2b - Contract Administration
Request for Information (RFI) Management 4 20 24
Submittals Management 4 20 24
Schedule Control 82 0 28
Cost Control 62 0 26
Change Order Control 4 20 24
Claims Avoidance 42 0 24
Task 2b - Contract Administration 30 120 - - 150 Task 3 - Project Closeout
As-Built Drawings 4 12 4 12 32
Final Walkthrough 8 12 2 12 34
Project Completion Report 8 16 4 16 44
Task 3 - Project Closeout 20 40 10 40 110 GRAND TOTALS 140 480 100 480 1,200 Hours By Task

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Staff Report
Date: March 7, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell
[email protected]
(925) 671-3155
Subject: Considering a recommendation from the ARPA Ad Hoc Committee (Hoffmeister and Aliano) and adoption of a
Resolution authorizing disbursement of $7 million of American Rescue Plan Act funds to nonprofits and authorizing the City Manager to execute grant agreements with awarded nonprofits in a form acceptable to the City Attorney.

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

Report in Brief
On September 27, 2022, the City Council allocated $19 million of American Rescue Plan Act (ARPA) funds as follows: $7 million for City projects including infrastructure, public safety, and special events; $7 million to be distributed through grants to nonprofit organizations for housing and non-housing projects; $3 million to be combined with the previously allocated funds ($2.4 million) for providing support to the unhoused; and $2 million to be distributed through grants to small businesses including licensed Family Child Care Homes and certain home-based businesses involving landscaping/gardening and housekeeping services.

Also on September 27, 2022, a majority of Council agreed that the ARPA Ad Hoc Committee (Hoffmeister and Aliano) should review and rank applications for the $7 million nonprofit grants, and provide the full Council with award recommendations. The nonprofit grant application period opened on September 30, 2022 and closed on October 28, 2022. A total of 70 applications were deemed eligible to compete. The 70 applications represented a combined total of $34.4 million in funding requests. The

9.a9.a9.a9.a9.a9.a9.a9.a9.a

Page 1 of 119 ends

City Council Agenda Report
Agenda Item No. 9.a
March 7, 2023
ARPA Ad Hoc Committee has since reviewed, interviewed1, and ranked each organization that submitted an application. The purpose of tonight’s meeting is to consider the Ad Hoc Committee’s recommendations and finalize the award of $7 million of ARPA funds.

Recommended Action
Adopt a Resolution (Attachment 1) authorizing disbursement of $7 million of American Rescue Plan Act funds to nonprofits and authorizing the City Manager to execute grant agreements with awarded nonprofits in a form acceptable to the City Attorney.

Background
ARPA is a $1.9 trillion economic stimulus bill passed by the 117th United States Congress as H.R. 1319 and signed into law by President Biden on March 11, 2021. The main objective of the act is to speed up the United States’ recovery from the economic and health effects of the COVID-19 pandemic and the ongoing recession. The City of Concord received a total of $27,040,883 directly from the U.S. Treasury, split into two payments. The first payment was received in May 2021 with the second payment received in June 2022.

Funding for eligible expenditures must be spent or obligated by December 31, 2024, with a covered expenditure period of March 3, 2021 through December 31, 2024. Funds obligated by December 31, 2024, but not yet spent must be spent by December 31, 2026, or they are returned to the Federal Government. For purposes of ARPA, obligated means an order placed for property or services and entering into contracts, sub-awards and similar transactions that will require payment after December 31, 2024.

On April 26, 2022 the City Council received a presentation on feedback received from the community on how ARPA funds should be spent. The feedback was the result of outreach that occurred between January and March 2022 and included three public meetings, a scientifically valid survey, a web-based survey, and a focused survey of investment needs within the business community. An ARPA Ad Hoc Committee consisting of Mayor Aliano and Vice Mayor Hoffmeister was formed on May 3, 2022, and tasked with further revising staff’s recommended spending categories, dollar allocations to spending categories, and the process for allocating funds within each spending category.

On September 27, 2022 the City Council received recommendations from the ARPA Ad Hoc Committee, resulting in Council’s allocation of $19 million of ARPA funds. Among the four categories of spending is $7 million to be distributed to nonprofit organizations for housing and non-housing project grants. When Council authorized the allocation of these funds, a stipulation was made that the amount of funding that is provided to 1 All 70 organizations were invited to an interview; two of the organizations either declined or did not show at the scheduled date and time.

Page 2 of 119 ends

City Council Agenda Report
Agenda Item No. 9.a
March 7, 2023
nonprofits up front shall be capped at 80%.The remaining 20% shall be released upon verification of fund usage in a manner consistent with the nonprofit’s funding proposal.

This requirement will be built into the contracts with the non-profits awarded funding.

Council also authorized the immediate opening of an application period for the nonprofit grant, with the majority of Council agreeing that the ARPA Ad Hoc Committee shall review, interview, and rank grant applications, and make a recommendation to Council for award. The grant application period opened on September 30, 2022 and closed on October 28, 2022.

Analysis
A total of 73 applications were submitted for the nonprofit grant. Organizations representing three of the applications were notified that they were deemed ineligible to compete (two applications were from Concord, North Carolina, and one does not have tax-exempt status). Of the 70 remaining applications, a total of $34.4 million was requested. The ARPA Ad Hoc Committee interviewed organizations representing 682 applications, in alphabetical order, over a three-day period (November 4, 5, and 9).

Applications were independently scored by Mayor Aliano and Vice Mayor Hoffmeister using scoring criteria approved by the City Council on September 27, 2022. The scoring criteria consists of a general application review (30 points); community benefits (20 points); goals and objectives (10 points); partnerships and funding (25 points); and organizational capacity (15 points). A copy of the City Council approved scoring/ranking sheet is included as Attachment 3.

Mayor Aliano’s and Vice Mayor Hoffmeister’s scores were summed, giving organizations a maximum potential score of 200 points. The Ad Hoc Committee recommends the disbursement of $7 million to the top twenty-two organizations having the highest total scores. The scores of these twenty-two organizations range from 171 to 194.

Attachment 2 summarizes the Ad Hoc Committee’s rankings; organizations are sorted by the sum of scores from the two Ad Hoc Committee members (highest to lowest score). All 70 eligible applications can be found here: Nonprofit Grant Applications The following summarizes the twenty-two programs recommended for funding and recommended funding amount; the project descriptions are high level summaries, each application—which includes a lot of detail—can be viewed online at the above link.

Note: the following organizations are identified by their application number.

3. Organization Name: Bay Area Crisis Nursery
2 All 70 organizations were invited to an interview; two of the organizations either declined or did not show at the scheduled date and time.

Page 3 of 119 ends

City Council Agenda Report
Agenda Item No. 9.a
March 7, 2023
Project Name: Bay Area Crisis Nursery Adding Staff In Order to Expand the Program
Amount Requested: $75,955 (minimum $50,000)
Amount Proposed for Funding: $75,000
Project Summary: This would fund an additional 5,000 hours for childcare staff to increase the number of children the program supports (18 months - 5 years old), better supporting the community and preventing child abuse.

29.Organization Name: Friends of Camp Concord
Project Name: Outdoor Equity - Camp Concord
Amount Requested: $289,350 (minimum $100,000)
Amount Proposed for Funding: $180,000
Project Summary: The funds will provide pre-COVID level scholarships to underserved populations of school aged students to attend camp at Camp Concord through the Friends of Camp Concord program. It will also expand programming to include high school youth and young adults.

68.Organization Name: White Pony Express
Project Name: Food Rescue Program
Amount Requested: $216,024 (minimum $150,000)
Amount Proposed for Funding: $200,000
Project Summary: The funds will support The Food Rescue Program to increase by 12,000+ pounds of surplus food daily and supply it to needy neighbors at no cost.

The need for services has continued to grow, so more funds are needed to address food insecurity and decrease waste and provide more equitable access to healthy and organic food. This program will assist businesses and the City in compliance with new, unfunded State law (SB 1383) regarding edible food recovery, and help to decrease greenhouse gas emissions.

5. Organization Name: Cancer Support Community – SF Bay Area Project Name: Cancer Support Programs
Amount Requested: $75,160 (minimum $50,000)
Amount Proposed for Funding: $50,000
Project Summary: The funds will help Cancer Support Community expand capacity for free psychosocial, integrative care for people facing cancer and their loved ones.

This includes counseling, support groups, nutrition, exercise, emergency financial assistance and patient education programs including special programs for teens and

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City Council Agenda Report
Agenda Item No. 9.a
March 7, 2023
children. This will keep cancer support services accessible for all, including those from underserved communities.

12.Organization Name: Community Youth Center of Concord Project Name: Community Youth Center of Concord Facilities Upgrade Amount Requested: $2,000,000 (no minimum)
Amount Proposed for Funding: $1,500,000
Project Summary: The funds will be used to help fund renovations of the Former Big C building which was donated to service Concord youth through the CYC programs.

This will allow program expansion to serve more youth and add swimming and basketball programs to the CYC offerings. All entitlements have been completed and building permits are in process.

2. Organization Name: BD (Blue Devils) Performing Arts
Project Name: BDPA (Blue Devil Performing Arts) Community Arts Programs Amount Requested: $289,350 (minimum $100,000)
Amount Proposed for Funding: $100,000
Project Summary: The funds would solely go to support Concord area participants in participating in elementary/middle school drum corps (ages 8-14), high school aged drum corps (ages 15-18), developmental disabilities (special needs) color guard (ages 12 and higher), and the Diablo Wind Symphony (ages 14-22) program. The funds will allow bringing more local/Concord participants into the programs and add a new drumline for participants with developmental disabilities (special needs), as well as an elementary based music program to supplement MDUSD district programs.

37.Organization Name: La Clinica de La Raza, Inc.

Project Name: La Clinica Monument Medical Project
Amount Requested: $ 65,948 (minimum $33,699)
Amount Proposed for Funding: $58,000
Project Summary: This project will fund the purchase and installation of a lactation pod, freeing up an exam room, for both patients and staff as well as new exam tables and vitals monitors & stands for La Clínica’s medical clinic at La Clínica Monument.

44.Organization Name: Meals on Wheels Diablo Region
Project Name: Breakfast Bags & Cultural Cuisine
Amount Requested: $730,876 (minimum $480,000)

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City Council Agenda Report
Agenda Item No. 9.a
March 7, 2023
Amount Proposed for Funding: $700,000
Project Summary: The Breakfast Bag Program will provide a total of 51,800 breakfast meals over the 18-month grant period (7/1/2023 – 12/31/2024). The Cultural Cuisine Program will provide a total of 49,000 Latin American inspired lunch/dinner meals over the 18-month grant period (7/1/2023 – 12/31/2024).

38.Organization Name: La Clinica de La Raza, Inc.

Project Name: Monument Optometry
Amount Requested: $503,185 (minimum $161,369)
Amount Proposed for Funding: $500,000
Project Summary: This funding will allow the purchase of a combination retinal and optical coherence tomography camera, which will enable La Clínica to monitor patients for changes with more accuracy and efficiency. Secondly, a new Medical Assistant will be funded to increase ability to schedule patients and take images.

Finally, the funding will cover uninsured patient fees for this imaging test ensuring no patient is unable to access care due to cost. La Clínica anticipates reaching 7000 patients with an eye screening.

66.Organization Name: Visit Concord, CA
Project Name: Visit Concord Non-Profit Application-Accessible Concord Amount Requested: $50,000 (minimum $25,000)
Amount Proposed for Funding: $50,000
Project Summary: Funding the launch of Accessible Concord program (autism friendly/sensory sensitivity) is for 9 trained hotel locations (plus new construction locations as they come on-line), equipped with sensory kits with at least 5 of these properties offering program-specific room rates. Over 1000 families will be served.

51.Organization Name: Mt. Diablo Education Foundation
Project Name: Outdoor Educational Equity for Concord Students Amount Requested: $58,642 (no minimum)
Amount Proposed for Funding: $58,000
Project Summary: Funding will support MDEDF and Exploring New Horizons to provide 300 disadvantaged Concord students with a life-changing week of outdoor education. The funds will help with transportation, travel, consulting, and program fees.

14.Organization Name: Concord Historical Society
Project Name: Concord Heritage Center and History Museum

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City Council Agenda Report
Agenda Item No. 9.a
March 7, 2023
Amount Requested: $496,000 (minimum $348,000)
Amount Proposed for Funding: $496,000
Project Summary: The project aims at completing the Concord Heritage Center construction and restoration and securing it as a safe place for people to gather. The projects include landscaping, irrigation, secure fencing, painting, walkways, and lighting. In addition, the new History Museum needs modern fixtures and equipment.

The funding will also allow the Galindo Home and the History Museum to be open and staffed (versus having to reduce the number of days open to the public.)

67.Organization Name: Visit Concord
Project Name: Visit Concord Creative Concord Events
Amount Requested: $200,000 (minimum $200,000)
Amount Proposed for Funding: $200,000
Project Summary: The funds will be used to create dynamic Creative Concord (public murals, music, and related activities) events for 2023 and 2024. Funds for this will include purchasing supplies, materials, programming, marketing, and advertising, and project management. The project will increase visitors to Concord and resident access to arts and cultural experiences.

45.Organization Name: Mindful Life Project (MLP)
Project Name: Mindfulness for Concord Schools
Amount Requested: $111,500 (minimum $95,000)
Amount Proposed for Funding: $111,000
Project Summary: The funding will allow MLP to continue to support the mental and emotional wellbeing of students and educators through direct service programming at El Dorado Middle School and Meadow Homes Elementary School, and to add three new schools (i.e. one middle and two elementary) in Concord to the Mindfulness 360 hybrid program which is a virtual and in person service.

34.Organization Name: Japanese American Religious and Cultural Center Project Name: JARCC & Diablo JA Club Building Renovation and Centennial Documentary Film 2026
Amount Requested: $215,000 (minimum $150,000)
Amount Proposed for Funding: $215,000
Project Summary: This funding will support building renovations and the creation of a 1-hour documentary film with interviews of the elders in the community and their history with the City and organization. The documentary will show footage of the

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City Council Agenda Report
Agenda Item No. 9.a
March 7, 2023
Festival and the various other activities and community events that happen throughout the year and culminate in a showing of the film and a ceremonial event.

The estimated cost of this film project is $75,000 and the JARCC wishes to have the building restored ($140,000 specifically for roofing and gazebo repairs). This is a project of cultural and historical significance to the city of Concord which would bring the community together to celebrate its diversity and the welcoming nature of our city for people of Japanese American descent. Due to the pandemic the annual festival fundraisers were not held for three years, depleting funds for certain specific actions.

NOTE: JARCC provided updated costs following submission of the grant application, the updated costs provided by JARCC are included as Attachment 4

41.Organization Name: Leaven Kids
Project Name: Leaven Kids Concord Centers
Amount Requested: $105,220 (minimum $35,321)
Amount Proposed for Funding: $105,000
Project Summary: Funding for Leaven Kids after school program (K-5) to expand impact on children at the Virginia Lane site in Concord to help them recover from the academic impacts of COVID-19. Funding will allow for adding two additional days of programming per month (equal to an additional month of programming per year).

Funds will also go towards technology equipment and supplies, the quarterly community events, and a new van for transporting children. Leaven Kids emphasizes Science, Technology, Engineering, Arts and Math (STEAM) and Healthy Learning Eating Active Learning (HEAL) initiatives.

47.Organization Name: Monument Impact
Project Name: Monument Families Recovery Program – Name to change to something like “Concord Families Recovery Program” (A limited duration guaranteed income program)
Amount Requested: $1,500,000 (no minimum)
Amount Proposed for Funding: $1,500,000
Project Summary: The funds will launch a limited duration guaranteed income program which will disperse $500 dollars a month for a year supporting approximately 120 community members from families in Concord. All participants will be low income, priority will be given to families with children 12 or younger. In addition, initial emergency cash awards of up to $2,500 will be available to help stabilize families facing past due rent or bills at the onset of the limited duration program. This project will include collecting and analyzing data to evaluate the program’s impact.

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City Council Agenda Report
Agenda Item No. 9.a
March 7, 2023
NOTE: Monument Impact provide updated program information following submission of the grant application, those updated components are outlined in the letter from Monument Impact included as Attachment 5.

70.Organization Name: Yours Humanly
Project Name: Early Literacy Support for Concord Elementary Schools Amount Requested: $213,240 (minimum $164,809)
Amount Proposed for Funding: $213,000
Project Summary: This grant will be used to improve reading proficiency of 4,216 children in Concord’s 10 highest needs elementary schools (Cambridge, El Monte, Fair Oaks, Holbrook, Meadow Homes, Mountain View, Sun Terrace, Westwood, Wren, and Ygnacio Valley) (Concord Early Literacy Project). The two major activities for this project are 1) add English language and bilingual books to school classrooms and libraries and 2) implement “Family Literacy Nights” which are school-wide events that bring all students and their parents to campus for an evening of family time and reading fun, capitalizing on the benefits of parent engagement which has been identified as a large contributor to children’s success in school.

20.Organization Name: Dentists on Wheels Pittsburg Free Dental Clinic at St. Vincent de Paul
Project Name: Dentist on Wheels Expansion Plan in Concord Amount Requested: $201,196 (minimum $153,929)
Amount Proposed for Funding: $200,000
Project Summary: The grant will eliminate the waitlist for Dentists on Wheels services in Concord. With this funding, capability to provide free dental services will increase. New equipment purchased with the grant will enable being able to serve three times more patients by creating their own crowns and bridges immediately onsite, thus eliminating outsourcing and required second visits. With this additional equipment the clinic will be able to serve three patients per hour rather than one, thus serving patients that are on the waitlist, which currently includes over 450 patients.

16.Organization Name: Contra Costa Economic Partnership Project Name: Career Exposure Through Work-based Learning Amount Requested: $250,000 (minimum $125,000)
Amount Proposed for Funding: $200,000

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City Council Agenda Report
Agenda Item No. 9.a
March 7, 2023
Project Summary: The funds will help to develop and implement a program geared towards career exposure and work-based learning activities to help young Concord residents connect to quality careers with local employers. The program will include a series of in-person field trips (8 total from 4 targeted industries: manufacturing; allied health; information technology and communications; building trades), as well as a virtual guest speaker series (8 each from each of the 4 sectors – 32 total guest speakers).

30.Organization Name: Futures Explored, Inc.

Project Name: The Artists Den
Amount Requested: $150,000 (minimum $100,000)
Amount Proposed for Funding: $150,000
Project Summary: The grant funding would help support adult Concord artists with intellectual and developmental disabilities, giving them the opportunity to acquire new skills and generate income using creative arts. The project will facilitate the development and sale of artwork at the Artist Den at 1913 Salvio Street through the purchase of new art equipment tools and technology, including 3D printers. It will host gallery exhibits, artistic events and activities, in collaboration with other organizations such as the Concord Chamber of Commerce and Visit Concord.

21.Organization Name: Diablo Ballet
Project Name: Diablo Ballet Annual Season Programming and Educational Outreach in Concord
Amount Requested: $139,622 (minimum $139,622)
Amount Proposed for Funding: $139,000
Project Summary: The funding will support a list of activities slated for 2023-24.

Diablo Ballet will also provide and enhanced PEEK (Performing Arts Education & Enrichment for Kids) program which serves Title-I schools and at-risk teenagers incarcerated at Juvenile Hall and John Muir Hospital in Concord. Funds would increase educational activities, including service to over 750 Concord residents each year. Funding will also cover 20 spaces each for Concord residents in the Diablo Ballet School and the Dance for Parkinson’s classes (dance therapy support).

Alternatives
Council may modify the Ad Hoc Committee’s recommendation.

Financial Impact
ARPA funds are one-time funds that if not spent or committed by the ARPA deadlines would need to be returned to the Federal Government.

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City Council Agenda Report
Agenda Item No. 9.a
March 7, 2023
Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the allocation of American Rescue Plan Act funds to support community nonprofits does not constitute a “project,” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15061(b), and 15378 because there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if this activity 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), 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.

Attachments

1. Resolution

2. Ad Hoc Committee Award Recommendations

3. Nonprofit Grant Application Ranking Sheet

4. JARCC Updated Project Costs

5. Letter from Monument Impact

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Attachment 1
Res No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution authorizing disbursement of $7 million
of American Rescue Plan Act funds and authorizing
the City Manager to execute grant agreements with
awarded nonprofits in a form acceptable to the City
Attorney
Resolution No. 23-XX
/
WHEREAS, the American Rescue Plan Act (“Act”) is a $1.9 trillion economic stimulus bill passed by the 117th United States Congress as H.R. 1319 and signed into law by President Biden on March 11, 2021; and
WHEREAS, the main objective of the Act is to speed up the United States’ recovery from the economic and health effects of the COVID-19 pandemic and the ongoing recession; and WHEREAS, the City of Concord received two payments from the U.S. Treasury under the Act for a total of $27,040,883; and
WHEREAS, On September 27, 2022 the City Council allocated $7 million of Act funds to be distributed through grants to nonprofit organizations for housing and non-housing projects; and WHEREAS, also on September 27, 2022 the City Council authorized the opening of an application period for the nonprofit grant; and
WHEREAS, the nonprofit grant application period was opened on September 30, 2022 and closed on October 28, 2022; and
WHEREAS, a total of 70 eligible applications representing a combined total of $34.4 million in funding requests were received; and
WHEREAS, a Council Ad Hoc Committee consisting of Mayor Aliano and Vice Mayor Hoffmeister reviewed, interviewed, and ranked the 70 grant applications; and WHEREAS, upon receiving a recommendation from the Council Ad Hoc Committee the City Council has made a final determination for award.

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

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Attachment 1
Res No. 23-XX 2
Section 1. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the allocation of American Rescue Plan Act funds to support community nonprofits does not constitute a “project,” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15061(b), and 15378 because there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if this activity 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), 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.

Section 2. Authorizes disbursement of $7,000,000 of American Rescue Plan Act funds to the following organizations for the projects and in amounts described:
a. Organization Name: Bay Area Crisis Nursery
Project Name: Bay Area Crisis Nursery
Amount: $75,000
b. Organization Name: Friends of Camp Concord
Project Name: Outdoor Equity - Camp Concord
Amount: $180,000
c. Organization Name: White Pony Express
Project Name: Food Rescue Program
Amount: $200,000
d. Organization Name: Cancer Support Community – SF Bay Area Project Name: Cancer Support Programs
Amount: $50,000
e. Organization Name: Community Youth Center of Concord Project Name: Community Youth Center of Concord Facilities Upgrade

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Attachment 1
Res No. 23-XX 3
Amount: $1,500,000
f. Organization Name: BD Performing Arts
Project Name: BDPA Community Arts Programs
Amount: $100,000
g. Organization Name: La Clinica de La Raza, Inc.

Project Name: La Clinica Monument Medical Project
Amount: $58,000
h. Organization Name: Meals on Wheels Diablo Region
Project Name: Breakfast Bags & Cultural Cuisine
Amount: $700,000
i. Organization Name: La Clinica de La Raza, Inc.

Project Name: Monument Optometry
Amount: $500,000
j. Organization Name: Visit Concord, CA
Project Name: Visit Concord Non-Profit Application-Accessible Concord Amount: $50,000
k. Organization Name: Mt. Diablo Education Foundation
Project Name: Outdoor Educational Equity for Concord Students Amount: $58,000
l. Organization Name: Concord Historical Society
Project Name: Concord Heritage Center and History Museum Amount: $496,000
m. Organization Name: Visit Concord
Project Name: Visit Concord Non-Profit Application
Amount: $200,000
n. Organization Name: Mindful Life Project
Project Name: Mindfulness for Concord Schools
Amount: $111,000

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Attachment 1
Res No. 23-XX 4
o. Organization Name: Japanese American Religious and Cultural Center Project Name: JARCC & Diablo JA Club Building Renovation and Centennial Documentary Film 2026
Amount: $215,000
p. Organization Name: Leaven Kids
Project Name: Leaven Kids Concord Centers
Amount: $105,000
q. Organization Name: Monument Impact
Project Name: Monument Families Recovery Program
Amount: $1,500,000
r. Organization Name: Yours Humanly
Project Name: Early Literacy Support for Concord Elementary Schools Amount: $213,000
s. Organization Name: Dentists on Wheels Pittsburg Free Dental Clinic at St. Vincent de Paul
Project Name: Dentist on Wheels Expansion Plan
Amount: $200,000
t. Organization Name: Contra Costa Economic Partnership Project Name: Career Exposure Through Work-based Learning Amount: $200,000
u. Organization Name: Futures Explored, Inc.

Project Name: The Artists Den
Amount: $150,000
v. Organization Name: Diablo Ballet
Project Name: Diablo Ballet Annual Season Programming and Educational Outreach in Concord
Amount:$139,000

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Attachment 1
Res No. 23-XX 5
Section 3. The City Manager is authorized to disburse funds and execute all attendant documents and agreements in a form acceptable to the City Attorney.

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

PASSED AND ADOPTED by the City Council of the City of Concord on March 7, 2023, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Page 16 of 119 ends

ARPA AD HOC COMMITTEE
Award Recommendations
Attachment 2
1 App.

No. Applicant Project Name Amount
Requested
Minimum
Needed
Award
Amount
Combined
Score
3 Bay Area Crisis
Nursery
Bay Area Crisis Nursery $75,955 $50,000 $75,000 194
29 Friends Of Camp
Concord
Outdoor Equity - Camp
Concord
$181,932 $180,000 190
68 WHITE PONY

EXPRESS
Food Rescue Program $216,024 $150,000 $200,000 189
5 Cancer Support
Community SF Bay
Area
Cancer Support Programs $75,160 $50,000 $50,000 187
12 Community Youth
Center (CYC) of
Concord
Community Youth Center
(CYC) of Concord Facilities
Upgrade
$2,000,000 $1,500,000 187
2 BD Performing Arts BDPA Community Arts
Programs
$289,350 $100,000 $100,000 186
37 La Clinica de La
Raza, Inc.

La Clinica Monument
Medical Project
$65,948 $33,699 $58,000 186
44 Meals on Wheels
Diablo Region
Breakfast Bags & Cultural
Cuisine
$730,876 $480,000 $700,000 186
38 La Clinica de La
Raza, Inc.

Monument Optometry $503,185 $161,369 $500,000 184
66 Visit Concord, CA Visit Concord Non-Profit
Application-Accessible
Concord
$50,000 $25,000 $50,000 184
51 Mt. Diablo
Education
Foundation
Outdoor Educational Equity
for Concord Students
$58,642 $58,642 $58,000 183
14 Concord Historical
Society
Concord Heritage Center
and History Museum
$496,000 $348,000 $496,000 182
67 Visit Concord Visit Concord Non-Profit
Application
$200,000 $200,000 $200,000 182
45 Mindful Life Project Mindfulness for Concord
Schools
$111,500 $95,000 $111,000 181
34 Japanese
American Religious
and Cultural Center
JARCC & Diablo JA Club
Building Renovation and
Centennial Documentary
Film 2026
$215,000 $150,000 $215,000 179
41 Leaven Kids Leaven Kids Concord
Centers
$105,220 $35,321 $105,000 178
47 Monument Impact Monument Families
Recovery Program (MFRP)
$1,500,000 $1,500,000 $1,500,000 178
All nonprofit applications can be found here: Nonprofit applications

Page 17 of 119 ends

ARPA AD HOC COMMITTEE
Award Recommendations
Attachment 2
2 App.

No. Applicant Project Name Amount
Requested
Minimum
Needed
Award
Amount
Combined
Score
70 Yours Humanly Early Literacy Support for
Concord Elementary
Schools
$213,240 $164,809 $213,000 178
20 Dentists on Wheels
Pittsburg Free
Dental Clinic at St.

Vincent de Paul
Dentist on Wheels
Expansion Plan
$201,196 $153,929 $200,000 177
16 Contra Costa
Economic
Partnership
(CCEP)
Career Exposure Through
Work-based Learning
$250,000 $125,000 $200,000 176
30 Futures Explored,
Inc.

The Artists D e n $150,000 $100,000 $150,000 175
21 Diablo Ballet Diablo Ballet Annual
Season Programming and
Educational Outreach in
Concord
$139,622 $139,622 $139,000 171
46 Monument Crisis
Center
Partnering for a Healthy
Community
$2,000,000 $2,000,000 158
48 Monumental Toy
Drive
Monumental Toy Drive:

Gifts of Hope
$18,000 $20,000 156
56 Rainbow
Community Center
LGBTQIA+ Youth and
Families Programming with
Rainbow Community
Center
$270,604 $200,000 156
57 Rubicon Programs,
Inc.

Employment and Career
Services Program
$500,000 $375,000 156
43 Lutheran Social
Services of
Northern California
Supportive Housing for
Former Foster Youth
$100,000 $55,000 155
50 Mt. Diablo
Education
Foundation
Bay Area In-School Youth
Apprenticeship Program
$258,048 $180,000 155
55 Pacific Coast
Farmers Market
Association
Local Food for Local
Families
$293,179 $140,765 155
65 Veterans
Accession House
Accession Housing $2,631,188 $1,500,000 155

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ARPA AD HOC COMMITTEE
Award Recommendations
Attachment 2
3 App.

No. Applicant Project Name Amount
Requested
Minimum
Needed
Award
Amount
Combined
Score
13 Concord High
School
Instrumental Music
Program Band
Boosters
Music Brings Our
Community Together
$130,000 $75,000 154
17 Contra Costa
Family Justice
Alliance
Central County Family
Justice Center
$1,000,000 $500,000 149
42 Life-Skills
Empowerment
Group
Life-Skills Empowerment
Group
$99,485 $75,000 149
60 Spanish Speaking
Unity Council of
Alameda County,
Inc. DBA The Unity
Council
The Unity Council s Head
Start and Early Head Start
Programs in Concords
Monument Corridor
$1,700,000 $1,700,000 149
61 Terrapins Swim
Team
Terrapin
Scholarship/Hardship
Program
$319,200 149
35 Jewish Family &
Community
Services East Bay
Resources to Help
Concord s Immigrant
Community Thrive
$245,039 $150,000 144
64 Veterans Accesion
House
City Providers Resource
Center
$726,128 144
49 Mount Diablo
Unified School
District
Benefits of Dual Language
Programs
$50,000 $50,000 142
58 SHELTER, Inc. Concord Galindo
Homeless Project
$1,941,776 $1,500,000 142
59 Solo Opera Opera Outreach to
Concord
$50,000 $50,000 141
11 Community
Violence Solutions
Breaking the Violence
Continuum
$200,000 $120,000 140
8 Choice in Aging Doris' Day Shuttle $53,320 $50,000 139 69 We Care Services
for Children
Preschool Consultation
Program
$133,660 138
54 Noor Islamic &
Cultural
Community Center
Post Resettlement
Services for Afghan
Refugees
$189,640 $174,040 137
53 New Hope Church
of Concord
New Hope AfterSchool
Program
$657,927 $550,000 136
62 The EduTrack
Foundation
Scholarships & School
Supplies
$20,500 $15,000 136

Page 19 of 119 ends

ARPA AD HOC COMMITTEE
Award Recommendations
Attachment 2
4 App.

No. Applicant Project Name Amount
Requested
Minimum
Needed
Award
Amount
Combined
Score
22 District Council
Contra Costa
County Society of
St. Vincent de Paul
dba St. Vincent de
Paul of Contr
Housing Support &
Homeless Prevention
Services for Concord
Residents
$268,144 $50,000 134
63 Trinity Center
Walnut Creek
Trinity Center Expansion
Opportunities
$220,614 $220,614 134
26 Food Bank of
Contra Costa and
Solano
Kitchen- Free Bags $300,000 $150,000 130
33 Islamic Center of
Contra Costa
ICCC - Refugee Schooling
and Resources
$200,000 $50,000 130
28 Fresh Lifelines for
Youth, Inc.

FLY Programs for Youth $202,797 $100,000 128
24 First 5 Contra
Costa Children and
Families
Commission
Preserving Early Childhood
in Concord
$2,000,000 $1,000,000 127
40 Lao Family
Community
Development, Inc.
(LFCD.

LFCD CARE Campus
Concord
$2,000,000 $1,600,000 127
4 Bring Change to
Mind
BC2M High School Clubs -
Concord
$50,000 $ 126
9 Choice in Aging Aging in Place Campus -
Demolition
$100,000 $100,000 123
31 Hope680 Hope for Concord $80,000 121
52 NETO Community
Network
Concord Co-Lab $1,000,000 $1,000,000 121
39 La Concordia
Wellness Center
Domestic Violence and Its
Detriments; Addressing
Trauma and Stigma During
Covid-19 Endemic
P
$307,997 $150,000 120
15 Concord
International
Seventh-day
Adventist Church
Community Gardens $231,300 $75,000 119
23 Early Alert Canines Concord for Service
Canines
$50,000 $50,000 115
32 Independent Arts &
Media
El Tímpano: to connect
Latino immigrants to
information, resources, and
opportunities to have their
voices heard
$111,612 115

Page 20 of 119 ends

ARPA AD HOC COMMITTEE
Award Recommendations
Attachment 2
5 App.

No. Applicant Project Name Amount
Requested
Minimum
Needed
Award
Amount
Combined
Score
6 Catholic Charities
of the East Bay

HOMELESSNESS

PREVENTION AND

LEGAL PROTECTIONS

PROJECT
$1,912,708 $1,912,708 114
18 De La Salle
Academy
De La Salle Academy $750,000 $500,000 113
19 De La Salle High
School
Bishop Cummins Grant
Request
$1,317,918 $100,000 112
7 Children 2022 Grant Opportunities $48,000 $100,000 111 1 B8 Theatre
Company
B8 Theatre Company and
Concord Center for the
Arts
$499,522 $458,722 106
36 Kung Fu Spirit
Foundation
Start Strong $97,200 $50,000 103
10 Clayton
Community School
Childcare
Non Profit Child Care &
Preschool
$418,679 98
25 First Tee - Contra
Costa
First Tee Program
Development
$399,750 96
27 Forest Park
Swimming
Association
Make FPSA more
accessible to the disabled
community
$500,000 $300,000 90
$34,482,785 $7,000,000TOTALS

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Max
Points

AMERICAN RESCUE PLAN ACT

NONPROFIT GRANT APPLICATION RANKING SHEET
Rating
30 5 The requested funding amount is reasonable and appropriate for the project or program. 15 Project or program has the potential to serve a great number of Concord residents or businesses. 10 The project or program will have a significant and measurable positive impact on the Concord community and it aligns with the City of Concord's Mission.
20 10 The specific Concord population served by this program is clearly identified and in need of the project or program.
10 The information supplied demonstrates how this service/activity will address, help or solve the need or issue for the Concord community.
10 5 Program outcomes and successes are measurable and are clearly defined. 5 The processes for tracking and gathering outcome data is clear and understandable and instills confidence. 25 10 The organization collaborates and coordinates with community groups and other organizations in a manner that enhances services to Concord residents and/or businesses. 5 A complete description of costs are provided and are reasonable and understandable. 10 The applicant demonstrates an ability to remain fiscally sustainable beyond the one-time funding; or the ability to successfully complete a one-time project.
15 5 Applicant is an established and tenured organization, with a history of providing successful services to residents and/or businesses in Concord.
10 Applicant has the experience and ability to successfully carry out the proposed services or project goals in the projected time frame.
100 TOTAL
Notes (issues, concerns, highlights, etc.):

COMMUNITY BENEFITS

GENERAL REVIEW

GOALS AND OBJECTIVES

PARTNERSHIPS AND FUNDING

ORGANIZATIONAL CAPACITY
Attachment 3

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ARPA Grant City of Concord
Breakdown of Cost Estimates for JARCC & Diablo JA Club Building Renovation and Centennial Documentary Film 2026
Project 1 - Capital Improvements for the JA Hall building:

Roof - a crane will be needed to remove the decorative pieces at ends of roof and then redo the main roof
Fence - need specialty labor and parts for a historically accurate fence Gutters - need to replace these along the small roof edge Ramp for wheelchair access to back - needs repair
Doors - 3 door jambs upstairs
Pine trees - drip irrigation and tree trimming and lawn re-seeding Pavilion - repair from woodpecker damage
Wood struts - inspection, repair, and painting
Window glass repair
Large Roof:

Attached roof bid of $86,434 does not include cost of replacing decorative ceramic tiles around the edge of the roof. Some can be re-used but some will need to be replaced so this is likely to add to this cost – a request for this information has been made. It does include the cost of the crane and removal of old roof. Also, two companies recommended replacing the small roof because it was done with the wrong tiles ten years ago - this will add $22,000 to the bid. Total estimate:
$108,434
Fence:
87-foot fence replacement authentic to original: Building Superintendent explained that it very difficult to get a correct estimate at this time because:

1. Posts are currently sunk 8 feet into the ground in cement. In order to remove these the cement would have to be dug up and this would negatively impact the sewer system. (He said the cost to dig up the old posts, cement, replace Attachment 4

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the sewer line, lawn area and cement and to commission a custom fence exactly like the original would very likely be over $200,000 by itself).

2. JARCC Board is still deciding how to solve this problem – whether to custom build stand alone removable panels that can somehow connect into the current posts, so they do not have to be dug up, or to go with another solution. A landscape architect will need to be hired as well as a specialty craftsperson who knows Japanese design to make the fence

3. However, a rough estimate for ARPA purposes for custom fence design/construction and installation could be $20,000
Gutters:

Estimate of $5,000 for replacement
Ramp/Doors/Wood Struts/Pavilion
Parts: $1,400
Labor provided by Building Superintendent and volunteers Pine Trees/Lawn:

Tree Trimming will be done by volunteers this year
Lawn re-seeding (over-seeding) – estimate $1,800
Install drip irrigation above ground in two zones: estimate $2,400 Glass Repair:

Estimate to cut out and repair pane on second story $450 $108,434
$20,000
$5,000

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$1,400
$1,800
$2,400
$450____
$139,484
Total for Capital Improvements $139,484 Project 2 - Centennial Film: 1 Hour Long Documentary Film Video Production for 1 hour film – Budget Estimate
Pre-production:

Research, travel, advisors, 2 days of production 9,000
Editing of sample reel 3,000
Research materials, acquisition from archives 500
Personnel, production and post-production
Cinematographer, sound tech, grip, gear: 20 days @ 1,200 24,000 Film editor: 50 days @ 400 20,000
Cultural, historical advisors/scholars: 1 @ 2,500 2,500 Production Travel Meals
Per diems (3 people for 20 days @ 60) 3,500
SF Bay Area transportation, tolls @ fuel (10 days @ 100) 1,000 Post-production

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Media and Hard Drives: 500
Conversions from archival 500
Online editing/color correction (20 hours @ 250) 5,000
Archival footage, photo rights 1,000
Sound design 3,000
Sound mix (10 hours @ 225) 2,250
DVD authoring (Blackbird Studios) 2,000
DVD replication: 300 450
Thumb drives and portable hard drive copies: 300
Other
Copyright registration 55
Total for Film Production $77,655
Capital Improvements + Film = $217,139

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ADDENDUM TO MONUMENT IMPACT’S PROPOSAL FOR ARPA FUNDS
Monument Families Recovery Program (MFRP)
BROADENING THE ZIP CODES:

1. MI will use Concord’s Affirmatively Furthering Fair Housing (AFFH) analysis, specifically using the map in Figure 12 on page 25 of Appendix D in the City’s Housing Element to conduct targeted outreach to multiple neighborhoods with pockets of high poverty. These neighborhoods listed on page 36 of the AFFH include “Central Concord, Four Corners, Clayton Valley, Olvera and Port Chicago” as these neighborhoods have “a higher rate of poverty, disability, overcrowding, and unmarried/single households.” Of these neighborhoods, the area along Monument Blvd comprises an area of racially and ethnically areas of poverty (Figure 17, pg 38).

For background on MI’s ability to reach very low-income families, MI served a total of 1,552 families with its Relief Fund just in Concord alone. (The Relief Fund served throughout Contra Costa). By zip code, this breaks down as follows:
94520 1,204 people
94518 154 people
94519 90 people
94521 104 people

2. As mentioned in the proposal, the pilot is open to any resident who meets the eligibility criteria. GI participants must qualify using a variety of criteria that demonstrates the impacts of COVID 19 on their health and livelihoods. Criteria will be developed in consultation with the City and may include:
 Income qualification based on HUD/CDBG income criteria  # of children in the household with priority for children 12 or under  Single parent households
 Loss of income during 2020-2022 due to impacts of COVID  Health impacts from COVID

3. Understanding that there will be more applicants than the pilot can serve, MI will need to implement a random selection of participants, likely through a lottery.

OTHER CONSIDERATIONS:

1. For data purposes, criteria must be consistent to follow over the course of the year of the pilot and the year following.

2. Data collected will be shared with the City.

3. The outreach area must be manageable without needing to hire additional staff. By adding more neighborhoods, MI will automatically need to contract with additional promotores (community promoters), but this will ensure better outreach with greater language capacity in order to reach the diversity of residents in the above-mentioned neighborhoods.

4. If funds are awarded and in light of broadening the zip codes, Monument Impact will work with the City to adjust the program title to something like the Concord Guaranteed Income Pilot.

Attachment 5

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ONE-TIME FUNDING
As mentioned in MI’s proposal, it is understood that this is one-time funding for one-year.

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From: Danny Espinoza <[email protected]>
Sent: Thursday, February 23, 2023 6:12 PM
To: Hoffmeister, Laura <[email protected]>; Birsan, Edi <[email protected]>; Aliano, Dominic <[email protected]>; Obringer, Carlyn <[email protected]>; Nakamura, Laura <[email protected]>; Ezell, Justin <[email protected]>; Concord City Council Email <[email protected]>
Subject: Official Letter of Support for Monument Impact's ARPA Proposal

Hello Concord city staff, Mayor Hoffmeister, Vice Mayor Birsan, and Councilmembers Aliano, Nakamura, and Obringer. Ahead of next Tuesdays meeting I’ve attached a letter of support from community members and organizations who are supporting Monument Impacts ARPA proposal and proposed Guaranteed Income Pilot. Thank you!

Danny

Benched Correspondence
Agenda Item No. 9.a
March 7, 2023

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February 23, 2023
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Dear Mayor Hoffmeister, Vice Mayor Birsan, and Councilmembers Aliano, Nakamura, and Obringer,
We the undersigned serve communities most impacted by COVID and struggling to make a living in Concord. We wholeheartedly support Monument Impact’s Monument Families Recovery Program (MFRP), a Guaranteed Basic Income Pilot program for very low-income Concord families with young children who primarily live in the 94520 zip code. Specifically, we support their request for $1.5 million dollars in American Recovery Plan (ARP) funds to create and disburse a Guaranteed Basic Income Pilot with data infrastructure for at least 120 Concord familieswho are struggling to financially recover from the pandemic.

The 94520 zip code has the densest concentration in Concord of severely rent-burdened--and in many cases overcrowded--households spending more than 50 percent of their income on housing and many of whom are single women with children. This rent-burdened population correlates to those community members who during the pandemic lost jobs, lacked sick pay, and were most at risk of becoming infected with COVID.

The U.S. Treasury Department’s recommendations for how to use the funds repeatedly call for focusing on those disproportionately impacted by the pandemic, communities that have

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endured long-standing health and economic disparities, and investing in repairing the economic and health harms experienced by families and community members most affected by COVID-19. Monument Impact’s request clearly meets all three criteria.

Since 2020, Monument Impact has been working to address these harms through its $2M Monument Relief Fund, providing financial assistance to 3,200 families in Contra Costa; Vaccine Equity Project, in which MI’s promotores reached 60,000 residents in Central and East County, resulting in thousands getting vaccinated; and the 8,000 families educated about the Contra Costa Cares health program for undocumented immigrants including pre-enrolling 368. This Guaranteed Income pilot will provide a lifeline to financial and housing stability, increased capacity to handle emergencies, and reduced stress and anxiety from economic insecurity and having to work multiple jobs to make ends meet. There is solid data behind the efficacy of Guaranteed Basic Income, especially in cities with diverse socioeconomic and racial demographics similar to Concord.

Since Monument Impact offers other wrap-around services, participants will also have access to resources to augment their economic recovery from the pandemic.

As partners working on the ground, we see every day just how slow recovery has been for families living on very low incomes, especially those who have been left out of federal pandemic assistance. As rents continue to rise and evictions soar in Contra Costa, this guaranteed income pilot is not just urgent, it’s a bold and transformational investment in Concord’s lowest-income families. With this investment, Monument Impact will help families struggling the most to make ends meet, exit this long-standing struggle, and build a prosperous future.

In solidarity and respect,
Sign on’s of the following organizations and cities and community leaders ✴ Latino Community Foundation
✴ City of Coachella
✴ Ensuring Opportunity Campaign to End Poverty in Contra Costa ✴ East Bay Housing Organizations (EBHO)
✴ East Bay Alliance for a Sustainable Economy
✴ Lift Up Contra Costa
✴ Contra Costa Budget Justice

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From: Kelly Ferguson <[email protected]>
Sent: Friday, March 03, 2023 10:34 AM
To: Ezell, Justin <[email protected]>
Subject: Re: ARPA Nonprofit Grant Award Recommendations

Hi Justin,

Thank you for this update. To be honest I am surprised and profoundly disappointed that Rainbow Community Center was not selected as a recipient. Out of 22 organizations and $6.9 mil to be awarded from this list, 0% is apparently getting allocated to the LGBTQ community.

Can you please provide insight on this March 7th meeting; does the ad hoc recommendation essentially mean the ARPA awards are set, or is there a genuine opportunity with in person or zoom engagement in the meeting for this decision to be altered?

Kelly

Page 33 of 119 ends

Sent: Friday, March 03, 2023 9:19 AM
To: Ezell, Justin <[email protected]>
Subject: Re: ARPA Nonprofit Grant Award Recommendations

I don't know how you all arrived at your conclusions but my firm just successfully advocated against bay area crisis nursery for a aggrevied employee. Yet veterans don't deserve funding?

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From: Ezell, Justin <[email protected]>
Sent: Friday, March 3, 2023 11:50 AM
To: [email protected]
Subject: RE: ARPA Nonprofit Grant Award Recommendations

Ray, see below.

-Justin

Justin Ezell
Assistant City Manager
City of Concord
1950 Parkside Drive
Concord, CA 94519
(925) 671-3155
[email protected]

From: [email protected] <[email protected]>
Sent: Friday, March 03, 2023 10:50 AM
To: Ezell, Justin <[email protected]>
Subject: RE: ARPA Nonprofit Grant Award Recommendations

Justin,

So if an organization is not on this Ad Hoc recommendation list, it does not preclude them from being considered. Am I getting this correct? Correct. The City Council will make the final awards.

Do you know if the Ad Hoc committee did any research on each organizations nonprofit status with the Attorney Generals Registry of Charitable trusts or if the Ad hoc committee looked at any potential conflicts of interest with any city employees being on any of these nonprofit boards. City staff confirmed that applicants had legitimate status as a nonprofit. One of the applicants was disqualified as a result.

The Ad Hoc Committee members interviewed the organizations as a team but independently scored the applications. The criteria that was used was adopted by the City Council.

Did the Ad hoc committee examine any of the annual 990 filings from these organizations as some are multi million dollar entities. The Council approved scoring criteria that that Ad Hoc Committee used is linked below.

Also, my understanding was that these funds were to be used for “Concord” nonprofits, many of these organizations listed in the Ad hoc recommendations are not based in Concord. As found on the Council approved scoring sheet, applicants “that are established and tenured organization, with a history of providing successful services to residents and/or businesses in Concord” were found to be eligible. Two of the applicants were disqualified as a result.

Sorry for all the questions, just trying to wrap our head around the process. We get the scoring tally, etc but just wondered if there was a deeper dive done with some of these proposed recipients.

Thanks

ray

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From: Dan Dorsett <[email protected]>
Sent: Friday, March 3, 2023 7:21 AM
To: Barone, Valerie <[email protected]>
Cc: Ezell, Justin <[email protected]>
Subject: City Grant Announcement - Ad Hoc award list

Good morning Valerie and Justin,

Hope you are doing well. I reviewed the list of the organizations that are being considered for funding. I did not see the Terrapins Swim Team on that AD Hoc list. I guarantee the grant application the Terrapins turned in would support mental health for low-income children that live in Concord. Statistics show that California's young people are suffering mentally and physically, and state leaders and lawmakers are looking for an actionable solution that will produce real results. The Feet First Foundation has seen kids who swim regularly on a swim team, girls especially are less likely to develop isolation, depression, anger, anxiety, or suicide.

I feel the Terrapins application was overlooked and deserves further discussion. My foundation http://www.feetfirstnp.org has teamed up with the Terrapins to provide swim programs for low-income families. We work with thousands of children and the plan is to offer swimming to some of our students so they have a positive outlet after school. I was counting on this partnership with the City by offering scholarships to children suffering from home life and school. I can’t tell you how many say I like to get my child on a year-round swim team but can’t afford it. Kids who swim that come from broken home environments find real enjoyment, the feeling of belonging, better grades, off the streets, less likely to experiment with substances, and eventually leaders in their community. The organization is the best- operated team I have ever seen with incredible family support.

This funding opportunity was an inspiring story that spread to many caring swim families, which many Concord residents felt would bring hope to kids that don’t have these resources. Our organization is in the process of building a wellness center to support mental health among young people. The strategies used by Feet First are evidence-based, with data that supports positive outcomes in youth who participate in our activities. Swimming is an incredible outlet for these kids that are hurting. The COVID- 19 pandemic caused disruptions in routines and social isolation for children, which can be associated with anxiety and depression and can have implications for mental health later in life. Terrapins are one solution to mend this concern.

I can’t tell you how much the Terrapins do for young people. The kids love the swimming culture the team provides, and this is one solution to positively impact the mental health crisis among youth in Concord. Rest assured, the oversight and reporting committee will be very pleased with this reconsideration. If you can find a way to reevaluate the Terrapins you will hear many success stories.

Please feel free to call me at your convenience at (415)305-6718.

All the best,

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Dan Dorsett
Executive Director / Cofounder

Address:
649 Main St Suite 102-142
Martinez, CA 94553

Training Center:
880 Howe Rd Suite F
Martinez, CA 94553

The content of this email is confidential and intended for the recipient specified in the message only. It is strictly forbidden to share any part of this message with any third party, without the written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so we can ensure such a mistake does not occur.

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From: mary kobayashi <[email protected]>
Sent: Thursday, March 2, 2023 4:36 PM
To: Concord City Council Email <[email protected]> Subject: ARPA Funding Alloction

Dear Mayor Hoffmeister and Council Members:

On Tuesday, March 9th, you will be deciding which non-profit organizations will be receiving monies from the ARPA funds. We want you to consider the Seventh Day Adventist's as a recipient: one for a rest area and the other for a community garden. We do not belong to the church but as a neighborhood church they have been of great value to the community and to the people they serve. We have seen first-hand the quality of work and the spirit of human kindness extended to all who enter their doors. We know you have hard decisions to make, but we request you make theirs to be included in your final decision.

Thank you.

Eizo and Mary Kobayashi

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From: Antonio Di <[email protected]>
Sent: Friday, March 3, 2023 1:01 PM
To: Ezell, Justin <[email protected]>
Subject: Re: ARPA Nonprofit Grant Award Recommendations

Dear Justin:

You are totally awesome; I thank you for having put forth the effort to help me. Yet, "the system" has considerable flaws and does not accurately address the needs of those most requiring our community's help: veterans. Veterans
VOLUNTARILY stepped up to the plate to serve their country and to give their lives (if necessary) to ensure the sustainability of this community, and that of the nation's health, welfare and happiness. If you want to witness the price they paid, visit a Veterans Health Care System clinic and behold. Veterans should be second to none; thus if a $1,000,000 grant is available, it should be have been used to ensure other similar grants are matched to build housing quickly. However, since neither have served in the military, they will never understand that VETERANS needs are NEVER second to anyone: until not another veteran calls the streets their home, I have no issue giving every dime I have to help them and I am on a limited income.

Finally, my apologies for misunderstanding the positions of the Mayor and Mr. Aliano. You have my humblest apologies.

Once again thank you; I really appreciate the time you took.

Tony.

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Hours of Availability
Monday, Tuesday and Friday: 10:30A to 1:00P; 3:00P to 7:00P Saturday and Sunday: 1:30P to 6:00P
Wednesday and Thursday: Unavailable
PLEASE NOTE: My staff only check emails once a day – at 10:00A. They are not checked again until the next business day. If your issue is of an emergency nature, please call my office immediately.

TEXTING: If a matter is important to you, don’t TEXT me. I consider TEXTS to be unreliable, and when I am at the office, I usually don’t even have my phone on and/or near me. If you need to reach me, call me.

RECORDINGS: For the protection of our clients and our personnel, ALL telephone calls to our office are digitally recorded.

CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited.

On Fri, Mar 3, 2023 at 10:30 AM Ezell, Justin <[email protected]> wrote:

Hi Antonio,
The Ad Hoc Committee interviewed the applicants and scored their proposals using criteria approved by the full City Council. The scoring sheet and criteria can be found as one of the staff report attachments here.

The full City Council will hear the Ad Hoc Committee recommendations on March 7. Council will discuss the recommendations before the final awards are made, which may or may not be the same as what is being recommended by the Ad Hoc.

Very likely the Ad Hoc Committee members will provide commentary during the Council meeting on why they’ve recommended the various organizations.

If you would like to review the 70 applications, you can find them here.

Regards,

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-Justin
Justin Ezell
Assistant City Manager
City of Concord
1950 Parkside Drive
Concord, CA 94519
(925) 671-3155
[email protected]
From: Antonio Di <[email protected]>
Sent: Friday, March 03, 2023 9:19 AM
To: Ezell, Justin <[email protected]>
Subject: Re: ARPA Nonprofit Grant Award Recommendations I don't know how you all arrived at your conclusions but my firm just successfully advocated against bay area crisis nursery for a aggrevied employee. Yet veterans don't deserve funding? On Thu, Mar 2, 2023, 17:15 Ezell, Justin <[email protected]> wrote:

Dear applicants and stakeholders,
The staff report for the March 7 City Council meeting to discuss the ARPA Ad Hoc recommendations has posted; you can find the agenda and staff report here: Item 9.a Below is a summary of the organizations that the Ad Hoc has recommended for funding.

Applicant Project Name Recommended
Amount
Bay Area Crisis Nursery Bay Area Crisis Nursery $75,000 Friends Of Camp Concord Outdoor Equity - Camp Concord $180,000 WHITE PONY EXPRESS Food Rescue Program $200,000
Cancer Support Community SF Bay Area Cancer Support Programs $50,000 Community Youth Center (CYC) of
Concord
Community Youth Center (CYC) of Concord Facilities
Upgrade
$1,500,000

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BD Performing Arts BDPA Community Arts Programs $100,000 La Clinica de La Raza, Inc. La Clinica Monument Medical Project $58,000 Meals on Wheels Diablo Region Breakfast Bags & Cultural Cuisine $700,000 La Clinica de La Raza, Inc. Monument Optometry $500,000 Visit Concord, CA Visit Concord Non-Profit Application-Accessible Concord $50,000 Mt. Diablo Education Foundation Outdoor Educational Equity for Concord Students $58,000 Concord Historical Society Concord Heritage Center and History Museum $496,000 Visit Concord Visit Concord Non-Profit Application $200,000 Mindful Life Project Mindfulness for Concord Schools $111,000 Japanese American Religious and
Cultural Center
JARCC & Diablo JA Club Building Renovation and Centennial Documentary Film 2026
$215,000
Leaven Kids Leaven Kids Concord Centers $105,000
Monument Impact Monument Families Recovery Program (MFRP) $1,500,000 Yours Humanly Early Literacy Support for Concord Elementary Schools $213,000 Dentists on Wheels Pittsburg Free Dental
Clinic at St. Vincent de Paul
Dentist on Wheels Expansion Plan $200,000
Contra Costa Economic Partnership
(CCEP)
Career Exposure Through Work-based Learning $200,000
Futures Explored, Inc. The Artist’s Den $150,000
Diablo Ballet Diablo Ballet Annual Season Programming and Educational Outreach in Concord
$139,000
Regards,
-Justin
Justin Ezell
Assistant City Manager
City of Concord

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1950 Parkside Drive
Concord, CA 94519
(925) 671-3155
[email protected]

Page 43 of 119 ends

V1ST.ORG ea, VETERANS FIRST

A DIVISION OF CHILDREN'S HEALTH ADVOCACY, RESEARCH, MEDICAL EDUCATION AND DEVELOPMENT, INCORPORATED 2975 Treat Boulevard, Suite B2 Concord, California 94518 Office: (925) 933-3357 es, Facsimile: (925) 239-8883 Friday, 3 March 2023

CORRECTED COPY
FACSIMILE TO: (925) 798-0636

THE HONORABLE LAURA HOFFMEISTER,
Mayor of Concord, California

CITY OF CONCORD
1950 Parkside Drive, MS/01
Concord, California 94519
RE: CITY OF CONCORD GRANT PROGRAM
EMAIL FROM JUSTIN EZELL OF THURSDAY, 2 MARCH 2023
Greetings:

Let me first take this opportunity to express my gratitude to your office for having forwarded the results of the current ARPA Ad Hoc recommendations that have posted. However, to start with, I was taken aback when I saw the firm "Bay Area Crises Nursery" listed as a recipient of $50,000 a firm against whom our aggrieved client filed a claim against. Somehow, you don't understand the significance of the work we do — it is not just providing housing. Our office takes on cases against people that no other firm will handle, and we help those beleaguered individuals find representation, and reinforcement of their inalienable rights.

All throughout my life I have been threatened, harassed, intimidated, persecuted, physically assaulted and sexually raped just to name a few of the methods others used to demonstrate their disdain for what they perceived me to be: queer and insignificant. Although I knew little about the term "queer" at my age, by fifteen (15) I was already a junior in highschool and the place I would finally learn what "queer" meant. To make a long story short — this is when I meet my childhood idol, Robin M. Williams, and my twin-sister, Mara Jayne Mamet. It was then that I finally not only understood what it meant to be "queer," but with Robin's patience and support, how to use "humor" to get me out of any situation.

Graduating early, although I very much wanted to serve my Country, I too wanted to seek the help of the United States Armed Forces to underwrite my pursuit of degree in law. At the time of my enlistment, I was guaranteed this ability. The recruiters also knew I was gay. Upon my enlistment, although I did exceptionally well with all my skills, eight (8) weeks into my enlistment I was informed that although I would continue toward a "rank" as an officer, I would not be obtaining a degree in law. Up until this time I had "played" along to stay alive, and was still the camp's "plaything." Regardless, although it could have led to the end of my life, I laid my rifle down, and challenged the United States Marine Corp for fraud.

What no one had counted on was that I made sure that my "enlistment" was in writing, and clearly included

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March 3, 2023

Page 2 ends

the "guarantee" of the ability to pursue a degree in law while enlisted. Although I was to face a court martial for being gay and for refusing to return to duty, instead I won my case (on my own), and in return for my prevailing, received full benefits, an honorable discharge, full medical benefits for life, and other related financial benefits.

Once I left the Marine Corp, I still wanted to be an attorney at law. Although my "twin- sister" had gone on to pursue a career in law with the State Bar of California, I was invited to work at the offices of the Supreme Court of California, which led to my working with Chief Justice Rose Bird. From there I was invited to work with at Commission on Judicial Performance. Eventually, after also working briefly with the Honorable Governor Deukmejian, I was invited to work for Chevron Corporation.

Although I loved my work at the various departments at Chevron, what I didn't appreciate was the rampant sexual harassment and discrimination. Still not ready to take the bar, I did know that I had a sufficient enough knowledge of the law to "take up judicial arms." When my own "secretary" had been discriminated against by a lateral employee, I said enough was enough, and "declared judicial war." With the help of the late attorney, Jettie Pierce Selvig, I became the first individual to successfully sue a major oil company for sexual harassment and discrimination. When I prevailed, my case enabled thirty-five (35) other lawsuits to move forward as well, and I received lifetime fmancial and other related benefits. With my settlements, thirty (30) years ago I established CHARMED, Incorporated, originally referred to as the Dominion-Life Foundation.

The success of our organization over the last thirty-three (33) years is due substantially to the generous help and support of retired judges, attorneys at law, Congressmen and Senators and a host of other individuals throughout the United States. Altruistic by nature, these individuals have provided invaluable assistance — often at no cost — to help us safeguard the rights of catastrophically and terminally ill children (and adults) to life-saving medical care throughout the United States. Too, we were able to help our clients prevail against employers who believed that discrimination, intimidation, and bullying were legal— and few attorneys were willing to help. Many of those clients were Concord, California residents.

Too, for veterans — we were steadfast in helping to promote social progress and better standards of life; to dramatically improve the pay grades that will enable service members to comfortably exist in the present day's economy; to ensure comprehensive employment assistance that will provide service members with a competitive edge as they return to the nation's workforce; to streamline the process for all service members as they access health care benefits; to simplify the process of filing claims for combat-related injuries and disability benefits; to simplify the appeals process for any service member who has been denied benefits; to ensure easy access to comprehensive one-on-one mental health care; and, to advocate for many more important benefits to which ALL VETERANS, including women and LGBT vets, should be entitled.

As a result of this unwavering support, we have not lost a case for our clients/patients before the Social Security Administration, State Employee Development Department, Workers' Compensation Appeals Board and the Superior Courts of California.

But the harassment didn't end there. Never one to accept defeat Chevron attempted once again to

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Concord City CouncilMarch 7, 2023

Concord City Council
March 7, 2023