Concord City Council
May 23, 2023

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/
City Council Sitting as the
Local Reuse Authority
Tuesday,
May 23, 2023
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED MAY 18, 2023
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. 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/82775027819?pwd=ekxIVjI4SnJ3VFZWNnI3MW0xY0FZ Zz09 or Zoom Webinar ID: 827 7502 7819 and Passcode: 386732 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 OPEN SESSION

1. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 Pledge of Allegiance – Councilmember Aliano

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

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

3. PRESENTATIONS
a. Presentation – to Lisa Dell'Anno and Shannon Reif, Moms Demand Action for Gun Sense in America, declaring June 2, 2023, as "National Gun Violence Awareness Day" in the City of Concord. Presentation by Mayor Hoffmeister.
b. Presentation – by Mike Brandy and Gary Parkhurst, Mt. Diablo Interpretive Association, on the Mt. Diablo Education Center at Mitchell Canyon.

Introduction by Mayor Hoffmeister.

4. ANNOUNCEMENT
a. Announcing – a recruitment to fill five (5) positions for four-year terms ending February 28, 2027, and two (2) alternate positions for four-year terms ending February 28, 2027, on the Board of Appeals; and setting a deadline of Friday, June 23, 2023, at 5 p.m. as the deadline for receipt of applications by the City Clerk. Recommended by the City Clerk.

5. CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA) 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. 4 CITY COUNCIL CONSENT CALENDAR
a. Considering – approval of the minutes from the April 11, 2023, meeting.

Recommended by the City Clerk.
b. Considering – the following for the Residential Pavement, Phase A Project (Project Nos. 2516, 2517, 2561, 2562, & 2563) located in Pavement Maintenance – Zone 1B (Neighborhood South of the Pavilion, East of Kirker Pass Road), Pavement Maintenance – Zone 2B & 2E (Neighborhoods North of Concord Boulevard, West of Bailey Road, and East of Concord High School), Pavement Maintenance – Zone 3B (Neighborhood West of Oak Grove Rd, South of Woodside Elementary, and East of Citrus Ave), Pavement Maintenance – Zone 4Q (Neighborhoods West of Detroit Avenue, South of Oakmead Drive and Cowell Road, North of Monument and Systron Drive), and Pavement Maintenance – Zone 5L (Neighborhood near Mount Diablo High School, East of Grant and East Street, and North of Bonifacio Street):

1. Award of a construction contract in the amount $7,998,776 to McGuire Hester, Inc.; authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approval of a Professional Services Agreement with Swinerton Management and Consulting, Inc. in the not-to-exceed amount of $830,144 (base agreement of $754,676 plus staff authority to spend up to a 10% contingency of $75,468) to provide construction management, inspection, and materials testing; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

3. Authorizing the City Engineer to accept the improvements upon completion of Project Nos. 2516, 2517, 2561, 2562, & 2563, and directing the City Clerk to file a Notice of Completion.

Funded by Measure V (407, & 490), Measure J (Funds 475 & 485), and State Gas Tax SB1 (Fund 266). Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
c. Considering – the following for the Kirker Pass Road Sanitary Sewer Repair Project (Project No. 2536) located on Kirker Pass Road near the intersection of Clayton Road:

1. Award of a construction contract in the amount $293,251 to APB General Engineering, Inc.; authorizing Staff to utilize the available project contingency 5 for contract change orders that become necessary up to 20% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approval of Task Order #3 with MNS Engineers, Inc. in the not-to-exceed amount of $46,594 (base agreement of $42,358 plus staff authority to spend up to a 10% contingency of $4,236) to provide construction management, inspection, and materials testing; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

3. Approval of a budget transfer in the amount of $380,000 from the Sanitary Sewer Operating Fund (Fund 710).

4. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2536, and directing the City Clerk to file a Notice of Completion.

Funded by Sanitary Sewer Operating Fund (Fund 710). Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
d. Considering – approval of Task Order #11 with Diablo Engineering Group of Walnut Creek, California, in the not-to-exceed amount of $109,820.95 (base agreement of $99,864.50 plus Staff authority to spend up to a 10% contingency of $9,956.45) to provide design and related services for Concord Community Pool Family Changing Room (Project No. 2643), located at the Concord Community Park off of Cowell Road; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney (Parkland Dedication Area A). Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c)(2), 15378 and/or 15061(b)(3).
e. Considering – the following:

1. Approval of a task order with Dewberry Engineers Inc. in the not-to-exceed amount of $216,990.40 (base agreement of $197,264 plus staff authority to spend up to a 10% contingency of $19,726.40) to provide construction management, inspection, and materials testing services for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527), located on up to six (6) miles of arterial and collector streets throughout the City, and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662), located at the City Corporation Yard; and making the CEQA determinations as provided in this staff report.
6 2. Approval of Amendment No. 1 to Task Order No. 2 with Pavement Engineering Inc. (PEI) in the amount of $11,952.50, for a new total of $86,732.50 for design engineering and related services for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527) located on up to six (6) miles of arterial and collector streets throughout the City and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662) located at the City Corporation Yard; authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney; and making the CEQA determinations as provided in this staff report. 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.
f. Considering – appointment of applicants Michael Maestas and Jonathan Nguyen to the Bicycle and Pedestrian Advisory Committee for four-year terms ending February 28, 2027, as recommended by the Council Committee on Infrastructure and Franchise (Obringer/Hoffmeister). Recommended by the Council Committee on Infrastructure and Franchise.

CITY COUNCIL/LOCAL REUSE AUTHORITY CONSENT CALENDAR
g. Considering – an amendment to the contract with Guardian Security Agency in the amount of $65,000 for extended services and coverage; establishing a new not-to-exceed amount of $334,000; extending the term to August 31, 2023; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (Funding will be provided by GoMentum Station, and the LRA Loan Reserve (General Fund.)) Recommended by the Director of Economic Development and Base Reuse.

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

6. CITY COUNCIL PUBLIC HEARING
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Participate” above. a. Considering – introduction of an Ordinance Amending Chapter 5.100 of the Concord Municipal Code (Tobacco Retailers License Program), Including to Prohibit Flavored Tobacco Products, Prohibit the Sale of Tobacco Vape and E-Cigarette Products, Establish Minimum Price and Pack Sizes for Tobacco Products, Prohibit Couponing and Discounting for Tobacco Products, Enhance Nuisance And Enforcement Provisions, and Make Other Non- 7 Substantive Text Changes, by reading of the title only and waiving further reading. Report by Justin Ezell, Assistant City Manager.

CEQA: Not a project/exempt under Public Resources Code 21065, CEQA Guidelines Section 15060(c)(2), 15378; and/or 15061(b)(3). b. Considering – adoption of four (4) Resolutions confirming the annual Engineer’s Report and Assessment Diagrams for levies and assessments for the Downtown Landscape Maintenance District, Pine Hollow Landscape & Lighting District, Landscape & Lighting District No. 3, and the Citywide Street Lighting Assessment District for Fiscal Year 2023-24. Report by Craig Blythe, Administrative Services Manager.

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

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

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

9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 6/6/2023 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.

Possible new visitor
center at Mitchell
Canyon (MCVC)
12/5/20 version
Mike Brandy/Dick
Nicoll
Mount Diablo Interpretive Association (MDIA)
Mitchell Canyon Educational Center
Presentation for
Concord City Council
May, 2023

3.b

🠶 MDIA is a 501c3 organized as
a “Cooperating Agency” to
exclusively support Mount
Diablo State Park
🠶 We are an all volunteer
organization founded in 1974
🠶 On November 7, 2020, the
MDIA Board approved a goal
to determine the feasibility of
building a new visitor center
at Mitchell Canyon

MITCHELL CANYON IS A VERY

POPULAR PLACE FOR VISITORS
• “Looking at a twelve
month stretch that
does not include
pandemic times, the
total visitors estimated
for Mitchell Canyon
ranged between
34,000 and 35,000 “

🠶 Park visitors come for ……
🠶 Hikes…to the Summit, or Eagle Peak, or The
Waterfalls
🠶 Mountain biking, trail runs
🠶 Family hikes up Mitchell Canyon
🠶 Wildflower and butterfly hikes
🠶 Tarantula hikes
🠶 And more
🠶 This is a destination for the entire Bay Area

Our current visitor center…..

A temporary trailer (10x40=400 square feet ) constructed and dedicated in 2004, it is now 16 years old!

WHAT ARE WE MISSING AT MITCHELL CANYON?
• A larger indoor space for stationary and rotating exhibits that meets disability guidelines and speaks to the diverse nature of our visitors and will accommodate field trip classes
• A visual and physical connection leading to the Native Plant Garden • A large (covered?) outdoor space to house exhibits with benches, maps of popular hikes from Mitchell Canyon that can educate visitors even when the visitor center is closed, and serve field trip classes • A multi-media/ small meeting room

OUR VISION FOR A NEW EDUCATIONAL CENTER

THE PROPOSED

NEW MITCHELL
CANYON

EDUCATIONAL
CENTER

AN INDOOR AND

OUTDOOR

EDUCATION,

NATURAL

HISTORY, AND

ENVIRONMENTAL

SCIENCE FACILITY

THE INTERIOR IS
1,500 SF AND

ALLOWS ROOM

FOR EXPANDED

EXHIBITS AND

AUDIO VISUAL

WE WILL ALSO

HAVE A LARGE

OUTDOOR

EXHIBIT AREA,

OPEN EVEN

WHEN THE

EDUCATION

CENTER IS
CLOSED

THE NEW DESIGN

FETURES

ADDITIONAL

PARKING AND

SCHOOL BUS
ACCESS.

WE WILL BE ABLE

TO WELCOME
FIELD TRIPS!

THE EXISTING

NATIVE PLANT

GARDEN WOULD

BECOME A

FEATURE OF THE
NEW DESIGN.

THE CENTER HAS

BEEN DESIGNED

TO TAKE

ADVANTAGE OF

NATURAL LIGHT

AND NATURAL

AIRFLOW TO

MAXIMIZE

CONFORT

THERE YOU HAVE
IT! THE NEW

MITCHELL
CANYON

EDUCATION
CENTER!!

HOW THE CONCORD CITY COUNCIL CAN HELP US

MAKE THIS VISION A REALITY
Help us spread the word!
Share our story with your community.

Newsletter, Website,
Inform us of any businesses or individuals who would like to help us fund this project
OUR GOALS IS TO RAISE $3 MILLION

THANK YOU!

Staff Report
Date: May 23, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Announcing a recruitment to fill five (5) positions for four-year terms ending February 28, 2027, and two (2) alternate
positions for four-year terms ending February 28, 2027, on the Board of Appeals; and setting a deadline of Friday, June 23, 2023, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Report in Brief
In accordance with Policy and Procedure No. 89, this announcement initiates a recruitment to fill five (5) positions for four-year terms ending February 28, 2027, and two (2) alternate positions for four-year terms ending February 28, 2027, on the Board of Appeals; and setting a deadline of Friday, June 23, 2023, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Recommended Action
Announce a recruitment to fill five (5) positions for four-year terms ending February 28, 2027, and two (2) alternate positions for four-year terms ending February 28, 2027, on the Board of Appeals; and setting a deadline of Friday, June 23, 2023, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Background
The Board of Appeals is seeking five (5) individuals willing to serve four-year terms ending February 28, 2027, and two (2) individuals willing to serve as alternates for four- year terms ending February 28, 2027.

4.a4.a

City Council Agenda Report
Agenda Item No. 4.a
May 23, 2023
The Board of Appeals consists of five (5) members and two (2) alternates serving four (4) year terms. The Board of Appeals is required by State law and meets as needed to interpret State law and the California Building Standards Code pertaining to construction standards for the City. They make a determination of suitable alternate materials and methods of construction and hear appeals of orders, decisions, and determinations made by the City’s Chief Building Official. Decisions of the Board are final and may not be appealed to the City Council. The Board of Appeals consists of members who are qualified by experience and training to pass on matters pertaining to the City of Concord Construction Code and are not employees of the City. Appointees must be qualified in and specifically knowledgeable in the City of Concord Construction Code and applicable local ordinances. Appointees do not need to be residents of the City of Concord.

Finding candidates to serve on this Board has been challenging for the last decade.

Currently, this Board has no members serving. Staff anticipates an appeal may be filed so there is a need to successfully appoint at least three members to this Board to create a quorum that can hear the appeal.

The City's Conflict of Interest Code requires members to disclose interests in investments, real property, and income derived within the City of Concord or from sources doing business within the City of Concord. Filings are required within 30 days of assuming office and on an annual basis. Meetings are held on an infrequent basis.

Public Contact
The City Council Agenda was posted. A news release will be issued and distributed and the current members will be notified. The announcement will be televised on the Concord TV Cable Channel 28 (Comcast) and Channel 1026 (Astound) Community Bulletin Board. The news release will be posted at the Concord Senior Center, Concord Police Department, Concord Library, in the City’s agenda display case, on the City’s website, and via social media.

Attachment

1. Concord Municipal Code Chapter 15.08.010 – Board of Appeals

BOARD OF APPEALS
Chapter 15.08.010

15.08.010 Establishment of Board of Appeals.
(a) General. In order to hear and decide appeals authorized under the City of Concord Construction Code, there shall be and is hereby created a Board of Appeals, which shall constitute the “Local Appeals Board” and “Housing Appeals Board,” as those terms are defined and used in the California Building Standards Code (the “Board of Appeals”). The Board of Appeals shall be appointed by the City Council and shall hold office at their pleasure but in no event shall serve longer than four years without reappointment by the City Council. (b) Limitation of responsibilities. The responsibilities and authority of the Board of Appeals shall be limited as provided in accordance with state law and the City of Concord Construction Code.

Specifically, the authority of the Board of Appeals shall not include legal interpretation of the administrative provisions of the City of Concord Construction Code and shall not include authority to grant appeals which waive requirements of state law or the City of Concord Construction Code or grant variances from state law or the City of Concord Construction Code. (c) Number. The Board of Appeals shall consist of five members and two alternates appointed by the City Council. The alternates shall be called by the Board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership.

The Building Official shall be an ex officio member of the Board of Appeals but shall have no vote on any matter before the Board.
(d) Qualifications. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to the City of Concord Construction Code and are not employees of the city. Appointees shall be qualified in and specifically knowledgeable in the City of Concord Construction Code and applicable local ordinances. (e) Chairperson. The Board of Appeals shall annually select one of its members to serve as chairperson.

Attachment 1

BOARD OF APPEALS
Chapter 15.08.010
(f) Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional, or financial interest, or a conflict of interest under the Fair Political Practices Act. A disqualified Board of Appeals member shall declare his or her disqualification to the Building Official, who shall arrange for an alternate member to serve in place of the disqualified member and shall make the disqualification part of the hearing record. (g) Secretary. The City Manager shall designate a qualified clerk to serve as secretary to the Board of Appeals. The secretary shall file a detailed record of all proceedings in the City Clerk’s office.
(h) Compensation of members. Members of the Board of Appeals shall serve without compensation.
(i) Quorum. A quorum shall consist of three members and/or alternates. (j) Open hearing. The Board of Appeals shall have no regular meetings; all meetings shall be special meetings noticed pursuant to California Government Code Section 54956. All hearings before the Board of Appeals shall be open to the public. The appellant, the appellant’s representative, the Building Official, and any person whose interests are affected shall be given an opportunity to be heard.
(k) Hearing procedure. The hearing shall be informal and shall not require compliance with the rules of evidence. At the hearing, the Board of Appeals shall hear and consider all relevant evidence.
(l) Postponed hearing. Continuances of the hearing may be granted by the City Manager on request of the appellant or the appellant’s representative for good cause shown, or on the City Manager’s own motion.
(m) Board decision. The Board of Appeals shall decide the appeal by a majority vote of the members present.
(Ord. No. 16-7, § 3)

REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, APRIL 11, 2023
The Concord City Council met in a regular meeting in the City Council Conference Room, 1950 Parkside Drive, Concord, California at 5:06 p.m. on Tuesday, April 11, 2023, with Vice Mayor Birsan presiding. Mayor Hoffmeister and Councilmember Obringer were absent. Vice Mayor Birsan opened a public comment period on all closed session items, and upon receiving no public comment, closed the public comment period. The meeting was recessed and immediately reconvened in a closed session for CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code) Name of case: Stephen Burke v. City of Concord; Contra Costa County Superior Court Case No. MSC22-00150. Mayor Hoffmeister arrived at 5:24 p.m. and Councilmember Obringer arrived at 5:28 p.m. Mayor Hoffmeister presided over 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; 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.

The meeting recessed at 6:17 p.m. to reconvene in open session in the City Council Chamber, 1950 Parkside Drive, Concord, California and via various telephonic/electronic locations.

The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:50 p.m. on Tuesday, April 11, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Vice Mayor Birsan. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Guy Bjerke, Director of Economic Development and Base Reuse; Mark Bustillos, Chief of Police; James
Nakayama, Police Captain; Kevin Halm, Provisional Lieutenant; Paul Van Diver, Police Officer; Carlton Thompson, City Engineer; Justine Gee, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer; Trish Beirne, Emergency & Volunteer Services Manager; Mindy Gentry, Planning Manager; Joan Ryan,
Principal Planner; Michael Hart, Associate Planner

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Natalie; Cristina Zaldana, Rainbow Community Center; Kate Thomas, Concord; Meghan Sweeney; Hope Johnson, Concord; Anonymous; Christine Ghodrati, Markham Board Member; Ady Olvera, Concord; Cora Mitchell, Concord; Ray Barbour, Concord

5.a

City Council Minutes April 11, 2023
2 PUBLIC COMMENT PERIOD
Natalie spoke in support of ARPA funding for the Rainbow Community Center.

The following people spoke of concern over the Rainbow Community Center not receiving ARPA funding:

Cristina Zaldana, Rainbow Community Center
Kate Thomas, Concord
Meghan Sweeney
Hope Johnson, Concord, informed the City Council that the meeting was not streaming on the City’s website.

PRESENTATIONS
FEDERAL FUNDING FOR TRAFFIC AND PEDESTRIAN SAFETY AND ACCESSIBILITY PROJECT – Congressman Mark DeSaulnier (CA-10)
Mayor Hoffmeister introduced Congressman Mark DeSaulnier (CA-10) who gave a presentation on the federal funding he secured for a traffic and pedestrian safety and accessibility project for the City of Concord.

Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.

OAK GROVE BEHAVIORAL HEALTH CAMPUS – Suzanne Tavano, Ph.D.

Mayor Hoffmeister introduced Suzanne Tavano, Ph.D., Contra Costa Health Services Director of Behavioral Services who gave a presentation on the Oak Grove Behavioral Health Campus located at 1034 Oak Grove Road.

Following questions from the City Council, Mayor Hoffmeister opened a public comment period.

Anonymous stated that parking is an issue and no impact study was conducted.

Mayor Hoffmeister closed the public comment period.

ANNOUNCEMENT
RECRUITMENT FOR OPENINGS ON CITY BOARDS AND COMMISSIONS – Concord’s Commission on Aging; Community Services Commission; Concord/Pleasant Hill Health Care District Grant Committee; and Parks, Recreation and Open Space Commission
City Clerk Joelle Fockler announced openings on Concord’s Commission on Aging; Community Services Commission; Concord/Pleasant Hill Health Care District Grant Committee; and Parks, Recreation and Open Space Commission; and setting a deadline of Friday, May 12, 2023, at 5 p.m. for applications to be due to the City Clerk.

Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.

City Council Minutes April 11, 2023
3 CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.

CITY COUNCIL CONSENT CALENDAR
APPROVAL OF MINUTES – January 28 and February 7, 2023
A motion was made by Birsan and seconded by Obringer to approve the minutes from the meetings on January 28 and February 7, 2023. The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT – Meadow Lane/Market Street Paving (Project No. 2582) A motion was made by Birsan and seconded by Obringer to award a Construction Contract in the amount of $3,977,859.50 to Ghilotti Bros., Inc. and authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and authorize the City Engineer to accept the improvements upon completion of Project No. 2582, and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Pavement Engineering Inc. (Project No. 2616)
A motion was made by Birsan and seconded by Obringer to approve a Professional Services Agreement with Pavement Engineering Inc. in the not-to-exceed amount of $158,812.50 (base agreement of $144,375 plus Staff authority to spend up to a 10% contingency of $14,437.50) for design engineering and related services for Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616), on Landana Drive from Concord Boulevard to Willow Pass Road, Farm Bureau Road from Willow Pass Road to Wren Avenue, and Laguna Street from Detroit to Galindo Street; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 23-25 – California Governor’s Office of Emergency Services (Cal OES)
A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 23-25 entitled, “A Resolution Authorizing the Designation of Applicant Agent Resolution to the California Governor’s Office of Emergency Services (Cal OES).” The motion passed by unanimous vote of the Council.

APPROVAL OF A FIVE-YEAR LICENSE AGREEMENT – Markham Regional Arboretum Society This item was pulled from consideration on the Consent Calendar by Concord resident Natalie, who stated that standards should be placed for community gardens and spoke in opposition to approval of the agreement.

Following questions by the City Council, Mayor Hoffmeister opened a public comment period.

Christine Ghodrati, Markham Board Member, spoke in support of the agreement.

Ady Olvera, Concord, spoke in support of Natalie and in opposition to approval of the agreement.

Cora Mitchell, Concord, questioned the process and stated that a GARE assessment should be completed prior to approval of the agreement.

City Council Minutes April 11, 2023
4 Mayor Hoffmeister closed the public comment period.

A motion was made by Obringer and seconded by Birsan to approve a five-year License Agreement with Markham Regional Arboretum Society for the purpose of planning, funding, and implementing improvement and maintenance projects and community gardens in coordination with the City; and authorize the City Manager to sign the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT, AND APPROVAL OF BUDGET TRANSFERS – Pavement Maintenance Zone 5J (Project No. 2526)
A motion was made by Birsan and seconded by Obringer to:

1. Award construction contract in the amount $2,922,387 to Radius Earthwork, Inc.; authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approve a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $346,453.49 (base agreement of $314,957.72 plus staff authority to spend up to a 10% contingency of $31,495.77) to provide construction management, inspection, and materials testing; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

3. Approve budget transfers in the total amount of $350,000 to Project No. 2526; including $250,000 from PJ 2444 (Pavement Maintenance Zone 4, Fund 260), and $100,000 from PJ 2556 (Pothole and Base Repair #2 Project, Fund 407).

4. Authorize the City Engineer to accept the improvements, upon completion of Project No. 2526, and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR

APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH BURKE, WILLIAMS & SORENSON, LLP - Master Developer Selection process at the former Concord Naval Weapons Station
This item was pulled from consideration on the Consent Calendar by Concord resident Hope Johnson, who stated that proposed Master Developers should submit a draft term sheet with proposals for the Master Developer Selection process for the former Concord Naval Weapons Station.

Mayor Hoffmeister opened a public comment period.

Ady Olvera, Concord, stated that there has not been any outreach regarding the Term Sheet.

Cora Mitchell, Concord, stated that there has not been any outreach regarding the Term Sheet.

Mayor Hoffmeister closed the public comment period.

A motion was made by Aliano and seconded by Birsan to approve an amendment to the Professional Services Agreement (PSA) with Burke, Williams & Sorenson, LLP in the amount of $148,274.94 for work completed in responding to a Public Records Act request regarding the Master Developer Selection process at the former Concord Naval Weapons Station and work to draft a new Request for Qualifications with associated documents for future Master Developer Selection establishing a new total not-to-exceed amount of $208,274.94; and authorize the City Manager to execute the

City Council Minutes April 11, 2023
5 amendment in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

Mayor Hoffmeister took the next item out of agenda order.

CITY COUNCIL PUBLIC HEARING
ADOPTION OF RESOLUTION NO. 23-27 AND INTRODUCTION OF ORDINANCE NO. 23-1 – Infinity Assets Concord LLC (dba “Cookies”)
Associate Planner Michael Hart presented the staff report and explained that the Council was being requested to adopt a Resolution approving an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis microbusiness with storefront retail for Infinity Assets Concord LLC (dba “Cookies”) at 5121 Port Chicago Highway; APN 159-040-037 (PL22021 – AP, ME, DR, DA); and introduce an ordinance approving and adopting a Development Agreement by and between the City of Concord and Infinity Assets Concord LLC (dba “Cookies”) regarding the development of property located at 5121 Port Chicago Highway; APN 159-040-037 (PL22021 – AP, ME, DR, DA) by reading of the title only and waiving further reading.

Following questions from the City Council, Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Aliano and seconded by Birsan to adopt Resolution No. 23-27 entitled, “A Resolution Approving an Administrative Permit, Minor Exception, and Design and Site Review for a Cannabis Microbusiness with Storefront Retain for Infinity Assets Concord LLC at 5121 Port Chicago Highway, APN: 159-040-037 (PL22021 – AP, ME, DR, DA).” The motion passed by unanimous vote of the Council.

A motion was made by Aliano and seconded by Birsan to introduce Ordinance No. 23-1 entitled, “An Ordinance Approving and Adopting a Development Agreement by and between the City of Concord and Infinity Assets Concord, LLC (DBA “Cookies”) Regarding the Development of Property Located at 5121 Port Chicago Highway, APN: 159-040-037 (PL22021 – AP, ME, DA, DR)” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEMS
Mayor Hoffmeister took the next item out of agenda order.

ADOPTION OF RESOLUTION NO. 23-26 – Concord Police Department Military Equipment Report for 2022 and Inventory for 2023
Provisional Lieutenant Kevin Halm presented the staff report and explained that the City Council was being requested to adopt a Resolution accepting the Concord Police Department Military Equipment Report for 2022 and Inventory for 2023, determine to continue Ordinance No. 22-6 and Concord Police Department Policy 706: Military Equipment, and determine that each type of military equipment identified in the report has complied with the standards for approval pursuant to Ordinance No 22-6 and AB 481.

Mayor Hoffmeister opened a public comment period.

The following people spoke in support of adoption of the Resolution:

Anonymous
Ray Barbour, Concord
The following people spoke in opposition to adoption of the Resolution:

City Council Minutes April 11, 2023
6 Ady Olvera, Concord
Hope Johnson, Concord
Cora Mitchell, Concord
Mayor Hoffmeister closed the public comment period.

A motion was made by Aliano and seconded by Birsan to adopt Resolution No. 23-26 entitled, “A Resolution Accepting the Concord Police Department Military Equipment Report for 2022 and Inventory for 2023, Determining to Continue Ordinance No. 22-6 and Concord Police Department Policy 706:

Military Equipment, and Determining that Each Type of Military Equipment Identified in the Report has Complied with the Standards for Approval Pursuant to Ordinance No. 22-6 and AB 481.” The motion passed by unanimous vote of the Council.

Mayor Hoffmeister recessed the meeting at 9:40 p.m. The meeting resumed at 9:52 p.m.

STUDY SESSION FOR OBJECTIVE DESIGN STANDARDS
A motion was made by Obringer and seconded by Aliano to continue the item to the May 2, 2023, City Council Meeting. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 7.b, Oak Grove Wellness Campus PowerPoint Presentation b. Agenda Item No. 9.e, Agreement with Markham Regional Arboretum Society Benched Correspondence
c. Agenda Item No. 9.g, Amendment to Agreement with Burke, Williams & Sorenson, LLP Benched Correspondence
d. Agenda Item No. 10.a, Objective Design Standards, PowerPoint Presentation e. Agenda Item No. 10.b, Police Use of Military Equipment, PowerPoint Presentation f. Agenda Item No. 11.a, Infinity Assets Concord LLC dba “Cookies” PowerPoint Presentation

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

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on April 11, 2023, at 9:58 p.m.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Staff Report
Date: May 23, 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: Aldrich Bautista, PE, Associate Civil Engineer [email protected]
(925) 671-3028
Subject: Considering the following for the Residential Pavement, Phase A Project (Project Nos. 2516, 2517, 2561, 2562, & 2563) located in Pavement Maintenance – Zone 1B (Neighborhood South of the Pavilion, East of Kirker Pass Road), Pavement
Maintenance – Zone 2B & 2E (Neighborhoods North of
Concord Boulevard, West of Bailey Road, and East of Concord High School), Pavement Maintenance – Zone 3B
(Neighborhood West of Oak Grove Rd, South of Woodside
Elementary, and East of Citrus Ave), Pavement Maintenance – Zone 4Q (Neighborhoods West of Detroit Avenue, South of Oakmead Drive and Cowell Road, North of Monument and
Systron Drive), and Pavement Maintenance – Zone 5L
(Neighborhood near Mount Diablo High School, East of Grant and East Street, and North of Bonifacio Street):

1. Award of a construction contract in the amount $7,998,776 to McGuire Hester, Inc.; authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and
authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approval of a Professional Services Agreement with
Swinerton Management and Consulting, Inc. in the not-to- exceed amount of $830,144 (base agreement of $754,676 plus

5.b5.b5.b5.b5.b

City Council Agenda Report
Agenda Item No. 5.b
May 23, 2023
staff authority to spend up to a 10% contingency of $75,468) to provide construction management, inspection, and materials testing; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

3. Authorizing the City Engineer to accept the improvements upon completion of Project Nos. 2516, 2517, 2561, 2562, & 2563, and directing the City Clerk to file a Notice of
Completion.

Funded by Measure V (407, & 490), Measure J (Funds 475 & 485), and State Gas Tax SB1 (Fund 266)
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

Report in Brief
Residential Pavement, Phase A consists of Pavement Maintenance - Zone 1B (Project No. 2516), Pavement Maintenance - Zones 2B & 2E (Project No. 2517), Pavement Maintenance - Zone 3B (Project No. 2561), Pavement Maintenance – Zone 4Q (Project No. 2562), and Pavement Maintenance - Zone 5L (Project No. 2563). The projects will rehabilitate pavement in six residential neighborhoods. See Attachment 1 for location maps.

The Project involves pavement maintenance and repairs, the installation of curb ramps at intersections to meet accessibility standards, curb and gutter repairs, water pollution control, traffic control, potholing, utility cover adjustments, and restriping.

The Project has been designed, competitively bid (see Attachment 2 for bid summary) and is now at the point of construction contract award. If award is approved by the City Council, construction is expected to begin June this year, with completion by January 2024, weather permitting.

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 of Concord. The Professional Services Agreement with Swinerton Management and Consulting is attached (Attachment 3).

Recommended Action
Considering the following for the Residential Pavement, Phase A Project (Project Nos. 2516, 2517, 2561, 2562, & 2563) located in Pavement Maintenance – Zone 1B

City Council Agenda Report
Agenda Item No. 5.b
May 23, 2023
(Neighborhood South of the Pavilion, East of Kirker Pass Road), Pavement Maintenance – Zone 2B & 2E (Neighborhoods North of Concord Boulevard, West of Bailey Road, and East of Concord High School), Pavement Maintenance – Zone 3B (Neighborhood West of Oak Grove Rd, South of Woodside Elementary, and East of Citrus Ave), Pavement Maintenance – Zone 4Q (Neighborhoods West of Detroit Avenue, South of Oakmead Drive and Cowell Road, North of Monument and Systron Drive), and Pavement Maintenance – Zone 5L (Neighborhood near Mount Diablo High School, East of Grant and East Street, and North of Bonifacio Street):

1. Award a construction contract in the amount $7,998,776 to McGuire Hester, Inc.; authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

2. Approve a Professional Services Agreement with Swinerton Management and Consulting, Inc. in the not-to-exceed amount of $830,144 (base agreement of $754,676 plus staff authority to spend up to a 10% contingency of $75,468) to provide construction management, inspection, and materials testing; 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.

3. Authorize the City Engineer to accept the improvements upon completion of Project Nos. 2516, 2517, 2561, 2562, & 2563, and direct the City Clerk to file a Notice of Completion.

Background
On June 2, 2020, City Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2020-21 and 2021-22 that was updated on June 8, 2021, with a midcycle update, which included funding the design of five projects under Residential Pavement, Phase A.

On June 1, 2021, Council approved a Five-Year Pavement Expenditure Plan Update (Plan), reflecting the significant increase in funding made available by the voters’ passage of Measure V and Council’s decision to use lease revenue debt financing to accelerate roadway investments. This Project is a component of that Plan. The full Plan can be viewed online on the City of Concord’s (City) website at the following link:
https://cityofconcord.org/DocumentCenter/View/5612/5-Year-Expenditure-Pavement- Plan.

On March 1, 2022, Council approved a design Professional Services Agreement (PSA) with Pavement Engineering Inc. to design, prepare plans, specification, and estimate for Residential Pavement, Phase A.

On May 3, 2022, Council adopted a resolution adopting Pavement Maintenance – Zone 3B (Project No. 2561) and Pavement Maintenance – Zone 5L (Project No. 2563) for

City Council Agenda Report
Agenda Item No. 5.b
May 23, 2023
Fiscal Year 2022-23 to be Funded by SB 1: The Road Repair and Accountability Act of 2017.

On June 28, 2022, additional funding for construction was added to the project as part of the Two-year CIP Budget Fiscal Years 2022-23 and 2023-24 adopted by City Council.

On September 14, 2022, Staff presented the Project to the Bicycle and Pedestrian Advisory Committee (BPAC). BPAC members and the public were supportive of the inclusion of high visibility crosswalks and Class III bike routes to the project. Their various suggestions were taken into consideration and comments for other areas of the City will be addressed in future CIP projects.

On September 19, 2022, a public meeting was held to present the project scope of work and construction impacts to residents in the project areas. Four members of the public attended the meeting and had their questions answered about the pavement treatment, concrete work, and future CIP projects in the City.

Procurement Process
Construction Contract:

To allow for more competitive bids and to provide additional flexibility in contract award based on available funds, staff prepared a base bid schedule and two (2) alternate bid schedules. This approach allows the City to prioritize and award work within the City’s current funding ability. The summary of the Bid Schedule is as follows:
 Base Bid: Pavement rehabilitation in residential streets and required concrete improvements.
 Additive Bid #1: Added pavement rehabilitation to adjacent arterial and collector streets with required concrete improvements.
 Additive Bid #2: Optional concrete improvements at various locations.

The Project was advertised for construction bids as required by State law and City policy. Bids were opened on April 6, 2023. Six (6) bids were received in the amount ranging from $8,514,350 to $10,905,675.70 as shown on the Bid Summary (Attachment 2). The Engineer’s Estimate for the Total Bid was $9,750,000 which is the basis of award for this Project. Page 4 of 29
City Council Agenda Report
Agenda Item No. 5.b
May 23, 2023
McGuire and Hester, Inc. of Alameda, CA (McGuire and Hester) was the low bidder and submitted a responsive and responsible bid. A summary of the lowest three bids by schedule is as follows:

BID

SCHEDULE
Engineer's
Estimate
McGuire Hester Bay Cities
Paving &
Grading, Inc.

MCK Services,
Inc.

Base Bid $ 8,550,000 $ 7,515,253.00 $ 7,616,939.73 $ 7,830,954.80 Additive Bid #1 $ 550,000 $ 483,523.00 $ 501,854.58 $ 639,739.65 Additive Bid #2 $ 650,000 $ 515,574.00 $ 634,075.69 $ 683,804.00 Total Bid $ 9,750,000 $ 8,514,350.00 $ 8,752,870.00 $ 9,154,498.45 Staff completed analysis of McGuire and Hester’s bid, determining that this contractor, along with its subcontractors, possess appropriate and valid licenses, are not on any debarred lists, and agreed to be bound by the Citywide Project Stabilization Agreement.

McGuire and Hester is registered with the Department of Industrial Relations as required by SB 854. McGuire and Hester has satisfactory work references. They recently completed similar projects for the City of Concord including Measure Q Project #8, Project No. 2379.

The City reserved the right to include any combination of the additive bids to the project at its own discretion. Staff has determined there are sufficient funds to award Base Bid and Additive Bid #1, totaling $8,798,654 (base contract amount of $7,998,776 and 10% ($799,878) contingency). Since Additive Bid #2 is not a priority, the extra concrete work is not included.

On September 13, 2016, 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. Residential Pavement, Phase A will be subject to the requirements of the Project Stabilization Agreement as the estimated construction costs exceeded $750,000. The prospective bidders for this project were made aware of this requirement as part of the construction contract. McGuire and Hester and their subcontractors have submitted the required agreement to be bound forms for the Citywide Project Stabilization Agreement.

Construction Management
Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services on March 7, 2023. The RFP was advertised in the local newspaper and on the City’s Procurement Website. Four (4) proposals were received, which were reviewed and ranked by the City’s Selection Panel.

City Council Agenda Report
Agenda Item No. 5.b
May 23, 2023
Based on the analysis of the proposals, interviews, and references, Swinerton Management and Consulting, Inc. of Concord, CA (Swinerton) was selected as the most qualified firm to provide construction management, inspection, and materials testing services for the Project. Staff and Swinerton negotiated the scope of work and cost for the services and agreed upon a base amount of $754,676 (Attachment 3) as a fair and reasonable compensation for the services required in the RFP. Swinerton’s material testing sub-consultant, Ninyo and Moore has agreed to be bound to the Citywide Project Stabilization Agreement.

If award is approved by the City Council, construction is expected to begin June this year, with completion by January 2024, weather permitting.

Financial Impact
The project has a budget of $10,274,000 consists of the following funds:
 Pavement Maintenance – Zone 1B (Project No. 2516)
o Measure V LRV (Fund 407)
o Measure V Projects (Fund 490)
o Measure J Local (Fund 475)
 Pavement Maintenance – Zones 2B & 2E (Project No. 2517) o Measure V Projects (Fund 490)
o Measure J Local (Fund 475)
o Measure J 28(a) (Fund 485)
 Pavement Maintenance – Zone 3B (Project No. 2561)
o Measure V Projects (Fund 490)
o State Gas Tax SB1 (Fund 266)
 Pavement Maintenance – Zone 4Q (Project No. 2562)
o Measure V Projects (Fund 490)
o Measure V LRV (Fund 407)
 Pavement Maintenance – Zone 5L (Project No. 2563)
o Measure V Projects (Fund 490)
o State Gas Tax SB1 (Fund 266)
There are sufficient funds in the budget of Project No(s). 2516, 2517, 2561, 2562, & 2563 for the award of the Base Bid and Additive Bid #1 to provide for construction management, construction inspection, material testing services, and a construction contingency of 10% of the contract amount.

City Council Agenda Report
Agenda Item No. 5.b
May 23, 2023
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, and/or 15378, Council action on this item 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, Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and 15304 – Minor Alterations to Land. 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. The Notice of Exemption will be filed with the County Clerk’s office following the Council action on this item.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Summary

3. Professional Services Agreement with Swinerton Management and Consulting, Inc., with Exhibit A – Fee Proposal

Attachment 1
Project Location Map
Residential Pavement Design – Phase A
City Project Nos. 2516, 2517, 2561, 2562 & 2563
PJ 2516
PJ 2561
PJ 2517PJ 2563
PJ 2562

Project Location Map
Pavement Maintenance - Zone 1B - Project No. 2516

Project Location Map
Pavement Maintenance - Zones 2B & 2E - Project No. 2517

Project Location Map
Pavement Maintenance - Zone 3B - Project No. 2561

Project Location Map
Pavement Maintenance - Zone 4Q - Project No. 2562

Project Location Map
Pavement Maintenance - Zone 5L - Project No. 2563

City of Concord
Bid Sheet
PROJECT #2516, 2517, 2561,
2562 & 2563
Bid Opening:

Thursday,
April 6, 2023
Residential Pavement, Phase A:

Zones 1B, 2B, 2E, 3B, 4Q & 5L
2:00 p.m.

City Manager Conference Room
Engineer’s Estimate: $9,750,000 (Addendum #1) To be awarded:

COMPANY TOTAL BID
McGuire Hester
2810 Harbor Bay Parkway
Alameda, CA 94502
$8,514,350.00
Bay Cities Paving & Grading, Inc.
1450 Civic Ct. #400
Concord, CA 94520
$8,752,870.00
MCK Services, Inc.

PO Box 5697
Concord, CA 94524
$9,154,498.45
Ghilotti Bros., Inc
525 Jacoby Street
San Rafael, CA 94901
$9,387,483.55
DeSilva Gates Construction
11555 Dublin Blvd.

Dublin, CA 94568
$10,542,542.00
Roadway Construction Inc.
50 California Street Suite 1500
San Francisco, CA 94111
$10,905,675.70
Contact: Aldrich Bautista x3028
Attachment 2

AGREEMENT FOR PROFESSIONAL SERVICES
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28 THIS AGREEMENT (“Agreement”) is entered into on May 4, 2023, between the City of Concord (“CITY”) and Swinerton Management & Consulting, 2001 Clayton Road, 6 th Floor, Concord, CA 94520 (“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 May 4, 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 Residential Pavement, Phase A Project (Project Nos. Residential Pavement, Phase A Project (Project Nos. 2516, 2517, 2561, 2562, & 2563) described in detail in Exhibit A, a proposal from Swinerton Management & Consulting dated April 14, 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 eight-hundred thirty- thousand one-hundred forty-four dollars ($830,144.00) for the term of this Agreement. The total includes the sum of the base contract of seven-hundred fifty-four thousand six-hundred seventy-six dollars ($754,676) and a 10% contingency of seventy-five thousand four-hundred sixty-eight dollars ($75,468). 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 Jefferey S.

Gee, PE, Vice President & 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: Jefferey S. Gee
Vice President - Principal-in-Charge
2001 Clayton Rd, 6th Floor
Concord, CA 94520
Phone: (650) 483-7412

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: Jefferey S. Gee Name: Valerie Barone
Title: Vice President - Principal-in-Charge Title City Manager Address: 2001 Clayton Rd, 6 th Floor Address: 1950 Parkside Drive Concord CA, 94520 Concord, CA 94519
Telephone: (650) 483-7412 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 2023/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $830,144.00
Account Code:
485-9500-C999-74250 / 490-2517-117-74250 - $ 367,000.00 490-9500-C999-74250 / 490-2517-117-74250 - $ 200,000.00 490-9500-C999-74250 / 490-2561-117-74250 - $ 187,676.00

Finance Director's Signature

4/14/2023
SWINERTON MANAGEMENT & CONSULTING Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Rates are for work performed in 2023-2024 $237 $207 $166 $137 $169 $169 Total Cost Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Per Task Construction Duration = 150 Working Days
A. Construction Management Services
Project Administration

1. Review Contract Documentation 2 $474 2 $414 4 $664 4 $548 4 $676 4 $676 $3,452

2. Conduct Pre-construction Conference, agenda & minutes 2 $474 2 $414 4 $664 4 $548 2 $338 0 $0 $2,438

3. Photo Inventory of Project Site Pre- and Post-Construction 0 $0 0 $0 16 $2,656 24 $3,288 16 $2,704 0 $0 $8,648

4. Schedule & Conduct Weekly Progress Meetings / Prepare Minutes 30 $7,110 30 $6,210 35 $5,810 60 $8,220 30 $5,070 0 $0 $32,420

5. Attend Meetings w/ City / Management Oversight 8 $1,896 8 $1,656 20 $3,320 8 $1,096 8 $1,352 0 $0 $9,320

6. Coordinate with other City's Adjacent Projects 4 $948 4 $828 12 $1,992 8 $1,096 10 $1,690 0 $0 $6,554

7. Monitor Contractor's Progress Schedule & Phasing 8 $1,896 8 $1,656 60 $9,960 30 $4,110 65 $10,985 0 $0 $28,607

8. Monitor the Project's Construction Budget 8 $1,896 8 $1,656 60 $9,960 16 $2,192 65 $10,985 0 $0 $26,689

9. Monitor the Contractor's Progress 8 $1,896 8 $1,656 72 $11,952 16 $2,192 75 $12,675 0 $0 $30,371

10. Review / Verify Contractor Quantities / Track Bid Items 0 $0 10 $2,070 65 $10,790 20 $2,740 65 $10,985 0 $0 $26,585

11. Maintain Project Docs / Records per City / Caltrans Standards 4 $948 8 $1,656 16 $2,656 20 $2,740 16 $2,704 0 $0 $10,704

12. Prepare Observation Dailies / Weekly Statements of Work Days 0 $0 8 $1,656 16 $2,656 20 $2,740 20 $3,380 0 $0 $10,432

13. Process / Track Submittals 4 $948 10 $2,070 30 $4,980 20 $2,740 16 $2,704 0 $0 $13,442

14. Review Submittals (Work Plan, Traffic Control Plan, etc) 4 $948 10 $2,070 40 $6,640 20 $2,740 20 $3,380 0 $0 $15,778

15. Process / Track RFI's 4 $948 20 $4,140 40 $6,640 30 $4,110 24 $4,056 0 $0 $19,894

16. Process, Negotiate & Issue Change Orders / Cost Proposals 4 $948 8 $1,656 40 $6,640 20 $2,740 12 $2,028 0 $0 $14,012

17. Monitor / Recommend Corrective Action for Unforeseen Issues 2 $474 8 $1,656 16 $2,656 8 $1,096 12 $2,028 0 $0 $7,910

18. Review / Resolve Notices of Potential Claims 4 $948 4 $828 12 $1,992 8 $1,096 8 $1,352 0 $0 $6,216

19. Prepare Contract Amendment(s), as needed 8 $1,896 8 $1,656 28 $4,648 8 $1,096 8 $1,352 0 $0 $10,648

20. Review and Process Monthly Progress Payments 0 $0 8 $1,656 28 $4,648 20 $2,740 16 $2,704 0 $0 $11,748

21. Labor Compliance Field Interviews per Caltrans 0 $0 0 $0 8 $1,328 8 $1,096 2 $338 0 $0 $2,762

22. Review Certified Payroll Reports 0 $0 0 $0 8 $1,328 8 $1,096 0 $0 0 $0 $2,424

23. Monitor SWPPP / WPCP / BMP's Compliance 0 $0 4 $828 20 $3,320 16 $2,192 40 $6,760 0 $0 $13,100

24. Compile / Maintain As-Built Record Drawings 0 $0 4 $828 20 $3,320 16 $2,192 32 $5,408 0 $0 $11,748

25. Perform Final Inspection & Punch Lists w/ City, Contractor & EOR 0 $0 4 $828 20 $3,320 20 $2,740 20 $3,380 0 $0 $10,268 Quality Assurance, Inspection and Material Testing

26. Provide Daily On-Site Observation / Inspection Services 0 $0 40 $8,280 200 $33,200 60 $8,220 350 $59,150 150 $25,350 $134,200

27. Maintain Daily Inspection Logs 0 $0 4 $828 24 $3,984 12 $1,644 16 $2,704 0 $0 $9,160

28. Provide Project Photo Progress Reports 0 $0 4 $828 24 $3,984 12 $1,644 32 $5,408 0 $0 $11,864

29. Monitor Project for Conformance with the TCP, Plans + Specs 8 $1,896 8 $1,656 50 $8,300 16 $2,192 80 $13,520 0 $0 $27,564

30. Issue & Respond to Non-Compliance Issues / Accept or Reject Work, as necessary 0 $0 0 $0 16 $2,656 8 $1,096 16 $2,704 0 $0 $6,456

31. Coordinate the Materials Sampling, Testing and Special Inspection 4 $948 4 $828 40 $6,640 16 $2,192 24 $4,056 0 $0 $14,664

32. Observe Contractor's Final Testing and Commissioning of Utilities 0 $0 4 $828 16 $2,656 12 $1,644 16 $2,704 0 $0 $7,832

33. Review and Monitor Contractor's On-site Safety 0 $0 4 $828 24 $3,984 8 $1,096 40 $6,760 0 $0 $12,668

34. Monitor the Quality Control / Quality Assurance Program 4 $948 4 $828 40 $6,640 20 $2,740 60 $10,140 0 $0 $21,296 Public and Community Relations

35. Ensure Contractor Compliance with Public Notifications 4 $948 4 $828 24 $3,984 10 $1,370 10 $1,690 0 $0 $8,820

36. Coordinate with Residents, Businesses, etc during Construction 4 $948 4 $828 24 $3,984 10 $1,370 10 $1,690 0 $0 $8,820

37. Coordinate with Property Owners, Contractor, Utility Companies 4 $948 4 $828 24 $3,984 10 $1,370 10 $1,690 0 $0 $8,820

38. Outreach - City Staff, Agencies, Consultants for Construction Notices 4 $948 4 $828 24 $3,984 10 $1,370 10 $1,690 0 $0 $8,820

39. Facilitate Necessary Utility Coord w/ Utility Companies, City, Designer & Contractor 4 $948 4 $828 24 $3,984 10 $1,370 10 $1,690 0 $0 $8,820 Post Construction Services

40. Review Close-out Documents (i.e. Record Dwgs, PSA, Warranty) 2 $474 2 $414 8 $1,328 8 $1,096 4 $676 0 $0 $3,988

41. Prepare Close-out Documents / Package 0 $0 2 $414 8 $1,328 8 $1,096 4 $676 0 $0 $3,514 Brett Lowther -
Sr. Construction Inspector SMC
CITY OF CONCORD - Residential Pavement, Phase A: Zones 1B, 2B, 2E, 3B, 4Q and 5L Projects (PJ2516, 2517, 2561, 2562 & 2563) Matrix of CM Tasks and Fee Proposal for Construction Management Services - (150 Working Days Construction - Base Bid + Add Alt 1) Robert Addiego -
Project Executive SMC
Bill Coletto, PE -
Sr. Resident Engineer SMC
Srushti Veluvolu, EIT -
Asst Project Manager SMC
Jonathan Haworth -
Sr. Construction Inspector SMC
Oscar Zhao, PE -
Resident Engineer
Project Manager SMC
Exhibit A to Attachment 3

4/14/2023
SWINERTON MANAGEMENT & CONSULTING Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Rates are for work performed in 2023-2024 $237 $207 $166 $137 $169 $169 Total Cost Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Per Task Brett Lowther -
Sr. Construction Inspector SMC
CITY OF CONCORD - Residential Pavement, Phase A: Zones 1B, 2B, 2E, 3B, 4Q and 5L Projects (PJ2516, 2517, 2561, 2562 & 2563) Matrix of CM Tasks and Fee Proposal for Construction Management Services - (150 Working Days Construction - Base Bid + Add Alt 1) Robert Addiego -
Project Executive SMC
Bill Coletto, PE -
Sr. Resident Engineer SMC
Srushti Veluvolu, EIT -
Asst Project Manager SMC
Jonathan Haworth -
Sr. Construction Inspector SMC
Oscar Zhao, PE -
Resident Engineer
Project Manager SMC

42. Maintain Electronic & Hard Copy Project Files 0 $0 2 $414 8 $1,328 8 $1,096 4 $676 0 $0 $3,514

43. Perform Post Construction Review and Prepare Lessons Learned 2 $474 2 $414 6 $996 6 $822 4 $676 0 $0 $3,382

44. Prepare Final Estimate & Payment 0 $0 2 $414 4 $664 4 $548 0 $0 0 $0 $1,626

45. Perform Claim Resolution / Detailed Schedule Analysis (if needed) 4 $948 4 $828 8 $1,328 8 $1,096 4 $676 0 $0 $4,876

46. One-year Warranty Review / Observe Repairs 4 $948 4 $828 8 $1,328 8 $1,096 8 $1,352 0 $0 $5,552 Subtotal Hours 152 294 1294 696 1298 154
Subtotal Cost per Consultant Individual $36,024 $60,858 $214,804 $95,352 $219,362 $26,026 Consultant Subtotal $652,426
Allowance for Special Inspection and Materials Testing
Ninyo & Moore $102,000 $102,000
Additional Cost-Reproduction, Photos, Misc Office Supplies $250 $250 Additional Cost-Allowance Subtotal $102,250 $102,250
GRAND TOTAL $754,676
Assumptions:

1. Allowance for Ninyo & Moore equals $92,725 plus 10% for insurance and mark-up. The actual costs will be dependent on the Contractor's schedule and efficiency in completing the work.

2. Ninyo & Moore allowance includes union fees and dues in order to comply with the City's Project Stabilization Agreement.

3. Actual costs for Ninyo & Moore will be billed through Swinerton's contract to the City. Actual costs for Ninyo & Moore will be dependent on the number of inspections.

4. The cost above does not include performing any Night Work or Weekend Work (if needed).

5. The Cost Estimate is based on awarding the Base Bid and Additive 1 for all of the six Zones (1B, 2B, 2E, 3B, 4Q and 5L) as shown in the Bid Schedule and project plans.

6. The Cost Estimate is based on the Sr. Resident Engineer being available for approximately 8 hours per week during the Preconstruction, Construction, and Post-Construction phases.

6. The Cost Estimate is based on the Resident Engineer being available for approximately 10 hours per week during the Preconstruction and Post-Construction Phases, and 40 hours per week during the Construction Phase.

7. The Cost Estimate is based on one Sr. Construction Inspector (J. Haworth) being available for 40 hours per week during the Construction Phase, and the other Sr. Construction Inspector (B. Lowther) being available to assist in various Zones, on an as needed basis.

8. The Cost Estimate is based on the Assistant Project Manager being available for approximately 20 hours per week during the Construction Phase, and 10 hours per week during the Pre- and Post-Construction Phases.

9. Hours are also alloted to the Project Executive to support to the Project Team, as needed.

10. The Cost Estimate is a not-to-exceed amount based on 20 work days of Preconstruction support, 150 work days of Field Construction, and 30 calendar days of Post-Construction / Closeout.

11. The Cost Estimate is based on the Contractor being able to work at multiple locations concurrently, thus potentially needing mutliple field crew team members to observe and inspect work simultaneously.

Staff Report
Date: May 23, 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: Aldrich Bautista, PE, Associate Civil Engineer [email protected]
(925) 671-3028
Subject: Considering the following for the Kirker Pass Road Sanitary Sewer Repair Project (Project No. 2536) located on Kirker Pass Road near the intersection of Clayton Road:

1. Award of a construction contract in the amount $293,251 to APB General Engineering, Inc.; authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 20% of the contract amount; and
authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approval of Task Order #3 with MNS Engineers, Inc. in the not-to-exceed amount of $46,594 (base agreement of $42,358 plus staff authority to spend up to a 10% contingency of $4,236) to provide construction management, inspection, and materials testing; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

3. Approval of a budget transfer in the amount of $380,000 from the Sanitary Sewer Operating Fund (Fund 710).

4. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2536, and directing the City Clerk to file a Notice of Completion.

Funded by Sanitary Sewer Operating Fund (Fund 710)

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City Council Agenda Report
Agenda Item No. 5.c
May 23, 2023
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Kirker Pass Road Sanitary Sewer Repair Project (Project No. 2536) (Project) consists of replacing a sewer main on Kirker Pass Road near the intersection at Clayton Road. See Attachment 1 for location map. The existing sewer is in poor condition and has created on-going maintenance issues for many years.

On October 12, 2021, the Project was originally awarded to Devaney Engineering, Inc.

During the course of construction an unforeseen utility conflict forced the termination of the contract.

The subject Project has been redesigned, competitively rebid (see Attachment 2 for bid summary) and is now at the point of construction contract award. If award is approved by the City Council (Council), construction is expected to begin this July 2023, with completion by August 2023, weather permitting.

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 of Concord (City).

A Task Order under the On-call Master Services Agreement (MSA) was issued to MNS Engineers Inc. (MNS). A supplemental task order is required. As the combined Task Orders are over $75,000, Council approval is required.

Recommended Action
Considering the following for the Kirker Pass Road Sanitary Sewer Repair Project (Project No. 2536) located on Kirker Pass Road near Clayton Road:

1. Award a construction contract in the amount $293,251 to APB General Engineering, Inc.; authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 20% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

2. Approve Task Order #3 with MNS Engineers, Inc. in the not-to-exceed amount of $46,594 (base agreement of $42,358 plus staff authority to spend up to a 10% contingency of $4,236) to provide construction management, inspection, and materials testing; 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.

City Council Agenda Report
Agenda Item No. 5.c
May 23, 2023

3. Approve a budget transfer in the amount of $380,000 from the Sanitary Sewer Operating Fund (Fund 710); and make the CEQA determinations as provided in this staff report.

4. Authorize the City Engineer to accept the improvements upon completion of Project No. 2536 and direct the City Clerk to file a Notice of Completion.

Background
The Kirker Pass Road Sanitary Sewer Repair Project (Project No. 2536) consists of replacing a sewer main on Kirker Pass Road near the intersection at Clayton Road. See Attachment 1 for location map. The existing sewer is in poor condition and has created on-going maintenance issues for many years. Work will also include construction of new sanitary sewer maintenance access hole structures, and reconnection of an existing side sewer.

On June 2, 2020, Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2020-2021 and 2021-2022, which included an appropriation of $387,000 from Sewer Operation Funds to fund the improvements for the Project. Public Works previously repaired the upstream side sewer connection at Kirker Pass Road, however requested support from Engineering Services to replace the remaining sewers on Kirker Pass Road up to Clayton Road.

On February 12, 2021, the City entered into a Task Order under the MSA with Harrison Engineering Inc. of Concord, CA (HEI) to develop plans, specifications, and cost estimate for the design of the Project.

On June 2, 2021, Council adopted the mid-cycle adjustments to the CIP Budget for Fiscal Years 2020-2021 and 2021-2022, which included an increased appropriation of $50,000 to fund the Project, bringing the revised budget to $437,600.

Analysis
On October 12, 2021, the Project was originally awarded to Devaney Engineering, Inc. of San Francisco, CA (Devaney) for $242,183. Construction started on February 15, 2022. During excavation on February 16, 2022, an unforeseen AT&T duct bank was encountered and found to be in conflict with the new sewer alignment.

Devaney was directed to pothole and do investigative work in the project area. A new alignment was designed by HEI and the contractor provided a proposal. Work was suspended as the additional cost far exceeded the approved contingency for the contract. A settlement agreement was reached with Devaney on October 5, 2022, and the contract was terminated.

Using the updated information for the Project, HEI redesigned the Project to account for the conflict with a new alignment.

City Council Agenda Report
Agenda Item No. 5.c
May 23, 2023
Procurement Process
Construction Contract
The Project was advertised for construction bids as required by State law and City policy. Bids were opened on April 18, 2023. Five (5) bids were received in the amount ranging from $293,251 to $589,495 as shown on the Bid Summary (Attachment 2). The Engineer’s Estimate for the Total Bid was $300,000 which is the basis of award for this Project.

APB General Engineering of San Pablo, CA (APB) was the low bidder and submitted a responsive and responsible bid. A summary of the lowest three bids is as follows:

BID

SCHEDULE
Engineer's
Estimate
APB General
Engineering
Koios
Engineering
Inc
FJ&I
Engineering
Inc.

Base Bid $300,000 $293,251.00 $415,775.00 $416,930.00
City staff (Staff) completed analysis of APB’s bid, determining that this contractor, along with its subcontractors, possess appropriate and valid licenses, and are not on any debarred lists. APB is registered with the Department of Industrial Relations as required by SB 854. APB has satisfactory work references and has recently completed similar projects for the City of Millbrae, Oro Loma Sanitary District, and West County Wastewater District, and has performed satisfactory work for the City of Concord in the recent past.

A budget transfer is required to award the construction contract (see Financial Impact section).

Construction Management
On August 24, 2021, the City entered into a Task Order under the On-call Master Services Agreement (MSA) with MNS Engineers Inc. (MNS) for $47,554.00 to provide construction management, inspection, and materials testing services for the original construction of Project No. 2536.

Staff and MNS negotiated the additional scope of work and cost of services for the rebid of the construction and agreed upon $42,358 as fair and reasonable compensation for the services needed to complete the construction phase of the Project. Staff has included a 10% contingency of $4,236 bringing the total potential contact amount to $94,148 should the full contingency be necessary. As the Task Order is over $75,000, Council approval is required.

If award is approved by Council, construction is expected to begin this July 2023, with completion by August 2023, weather permitting.

City Council Agenda Report
Agenda Item No. 5.c
May 23, 2023
Financial Impact
The Project’s current total funding is $437,600 of Sewer Operation Funds (Fund 710).

The majority of funds ($360,000) were used for the design, initial construction activities, settlement agreement, and rebid of the Project.

Budget Adjustment or Transfer Required
To award the construction contract and provide funding for construction management, inspection, materials testing, staff oversight, and contingencies, a total of $817,600 is required. A budget transfer of $380,000 of Sanitary Sewer Operation Funds (Fund 710) from the Sewer Holding account (Project No. 2209) is needed to fund construction of the Kirker Pass Road Sanitary Sewer Repair Project (Project No. 2536).

Environmental Determination
Kirker Pass Road Sanitary Sewer Repairs Project (Project No. 2536) is Categorically Exempt from the requirements for preparation of an environmental document as provided for CEQA Guidelines Section 15301 – Existing Facilities, 15302 – Replacement or Reconstruction, 15304 – Minor Alterations to Land, and/or 15061(b)(2), because it involves replacement sanitary sewer, sanitary sewer maintenance access hole structures, existing side sewer connections, and street surface restoration, Public Resources Code Section 21065, CEQA Guidelines Sections 15378, and/or 15061(b)(3) with respect to the design services, and/or Public Resources Code Section 21065, CEQA Guidelines Sections 15378, 15061(b)(3), and/or 15273 with respect to the budget transfer. 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 for the project will be filed with the County Clerks’ office following the City Council action on this item.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Summary

Attachment 1
Project Location Map
Kirker Pass Road Sanitary Sewer Repair Project - Project No. 2536 Project
Location

City of Concord
Bid Sheet
PROJECT #2536 Bid Opening:

Tuesday,
Rebid - Kirker Pass Road Sewer Repair April 18, 2023
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $300,000 To be awarded:

COMPANY TOTAL BID
APB General Engineering
2721 Kevin Rd.

San Pablo, CA 94806
$293,251.00
Koios Engineering Inc
PO Box 320217
San Francisco, CA 94132
$415,775.00
FJ&I Engineering Inc.
1981 21
st Street
San Pablo, CA 94806
$416,930.00
Kerex Engineering
PO Box 23831
Pleasant Hill, CA 94523
$529,525.00
Devaney Engineering Inc
2655 Van Ness Ave.

San Francisco, CA 94109
$589,495.00
Contact: Aldrich Bautista x3028
Attachment 2

Staff Report
Date: May 23, 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: Justine Gee, PE, Associate Civil Engineer
[email protected]
(925) 671-3284
Subject: Considering approval of Task Order #11 with Diablo Engineering Group of Walnut Creek, California, in the not-to- exceed amount of $109,820.95 (base agreement of $99,864.50 plus Staff authority to spend up to a 10% contingency of $9,956.45) to provide design and related services for Concord Community Pool Family Changing Room (Project No. 2643), located at the Concord Community Park off of Cowell Road; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney (Parkland Dedication Area A).

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

Report in Brief
The Concord Community Pool Family Changing Room (Project No. 2643) will add restroom facilities at the Concord Community Pool, located at the Concord Community Park off of Cowell Road. The project will provide two separate all-gender restroom facilities to supplement the existing men’s and women’s restrooms, changing areas, and shower areas.

Design engineering services for this project include development of plans, specifications, construction cost estimates, structural calculations, and construction

5.d5.d

City Council Agenda Report
Agenda Item No. 5.d
May 23, 2023
support services. Staff recommends Diablo Engineering Group to design and prepare bid documents. As the Task Order is over $75,000, Council approval is required.

Design efforts for the Concord Community Pool Family Changing Room are expected to start in May 2023 and be completed by October 2023. Following design, staff will advertise the project for construction bids however construction will be scheduled during off-season for the pool. The project is fully funded by the Parkland Dedication Area A Fund.

Recommended Action
Approval of Task Order #11 with Diablo Engineering Group of Walnut Creek, California, in the not-to-exceed amount of $109,820.95 (base agreement of $99,864.50 plus Staff authority to spend up to a 10% contingency of $9,956.45) to provide design and related services for Concord Community Pool Family Changing Room (Project No. 2643), located at the Concord Community Park off of Cowell Road; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Parkland Dedication Area A); and make the CEQA determinations as provided in this staff report.

Background
The Concord Community Pool was originally constructed in 1967. The original project included a building for pool users that housed restrooms, changing areas, and shower areas designated for men and women.

In 2003-2004, the Concord Community Pool was renovated. This project updated many fixtures in the existing restrooms, changing areas, and shower areas, but did not alter the original configuration of the building.

On June 28, 2022, the City Council adopted the 2-year CIP Budget for Fiscal Years 2022-23 and 2023-24, which included appropriation of $744,500 to fund the design and construction of Project No. 2643. This project was recommended for inclusion in the Capital Improvement Program by Recreation Director Steve Voorhies as it was an oft- requested modern feature for a pool facility, which is inclusive and supports the needs of families.

Analysis
Engineering design services are needed to initiate project design, and develop project plans, specifications, and final construction cost estimates.

The Concord Community Pool Family Changing Room (Project No. 2643) will add restroom facilities at the Concord Community Pool for pool users at the Concord Community Park located off of Cowell Road. The project will provide two separate all- gender restroom facilities to supplement the existing men’s and women’s restrooms, changing areas, and shower areas. Design engineering services for this project include

City Council Agenda Report
Agenda Item No. 5.d
May 23, 2023
development of plans, specifications, construction cost estimates, structural calculations, and construction support services.

The preliminary schedule calls for design to begin in May 2023 and be completed in October 2023. Following design, staff will advertise for construction bids. Construction will be scheduled during the off-season for the pool.

Procurement Process
On December 28, 2022, in conformance with the City’s purchasing policies, City staff requested a Task Order proposal from Diablo Engineering Group to provide design engineering and related services for the Concord Community Pool Family Changing Room (Project No. 2643). Diablo Engineering Group is on the City’s Master Service Agreement (MSA) as a consultant for Civil Engineering/Design services. The proposal was received and reviewed by Staff.

Staff and Diablo Engineering Group negotiated the scope of work and cost for the services and agreed upon $99,864 as fair and reasonable compensation for the services needed to complete the design phase and provide construct support services for the project. As the Task Order is over $75,000, Council approval is required.

Diablo Engineering Group has experience in the design of building projects in other cities in the Bay Area and has worked with the City of Concord on several accessibility projects.

Financial Impact
Project No. 2643 is fully funded by the Parkland Dedication Area A Fund (Fund 450).

Based on the estimated cost, sufficient funds exist in the current budget to fully fund the design and construction of the project.

Environmental Determination
This design activity does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) and/or CEQA Guidelines Section 15378 because there is no potential that it will result in a direct or reasonable, foreseeable, indirect physical change in the environment. Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflect the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

City Council Agenda Report
Agenda Item No. 5.d
May 23, 2023
Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

Project Location Map
Concord Community Pool Family Changing Room
(Project No. 2643)

PROJECT

LOCATION

Staff Report
Date: May 23, 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. Approval of a task order with Dewberry Engineers Inc. in the not-to-exceed amount of $216,990.40 (base agreement of
$197,264 plus staff authority to spend up to a 10% contingency of $19,726.40) to provide construction management,
inspection, and materials testing services for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527), located on up to six (6) miles of arterial and collector streets throughout the City, and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662), located at the City Corporation Yard; and making the CEQA determinations as provided in this staff report.

2. Approval of Amendment No. 1 to Task Order No. 2 with Pavement Engineering Inc. (PEI) in the amount of $11,952.50, for a new total of $86,732.50 for design engineering and related services for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527) located on up to six (6) miles of arterial and collector streets throughout the City and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662) located at the City Corporation Yard; authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney; and making the CEQA determinations as
provided in this staff report.

5.e5.e5.e

City Council Agenda Report
Agenda Item No. 5.e
May 23, 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 Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527) will consist of pavement preventative maintenance on up to six (6) miles of arterial and collector streets by applying an appropriate slurry seal treatment. City staff also included Corporation Yard Slurry and Re-Stripe Project (Project No. 2662) into Project No. 2527, due to similar scope of work and with goal to reduce costs. See attached location map (Attachment 1).

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

Construction of Citywide Arterial & Collector Maintenance #2 Project (Project No. 2527) consists of mobilization; traffic control; water pollution control program; crack sealing; type II slurry seal with black rock; digouts; reconstructing concrete sidewalk, curb, gutter, curb ramps, valley gutter, and catch basins; pruning and removing tree roots; lowering and adjusting utility covers to finished grade; removal & replacement of traffic striping and pavement markings; and installation of roadside signs and tuff curbs.

Construction of the City Corporation Yard Slurry & Restripe Project (Project No. 2662) consists of mobilization; traffic control; water pollution control program; and type II slurry seal with black rock.

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 of Concord.

Pavement Engineering Inc. (PEI) is the design engineer for the project. Amendment No. 1 to PEI’s Task Order No. 2 for City Project No. 2527 is required to complete the project, however, this results in PEI’s new Task Order total exceeding the per project limit of $75,000, as stated in the executed Master Agreement for Professional Services, thus requiring City Council approval.

Recommended Action

1. Approve a task order with Dewberry Engineers Inc. in the not-to-exceed amount of $216,990.40 (base agreement of $197,264 plus staff authority to spend up to a 10% contingency of $19,726.40) to provide construction management, inspection, and materials testing services for the Citywide Arterial & Collector

City Council Agenda Report
Agenda Item No. 5.e
May 23, 2023
Maintenance Project #2 (Project No. 2527), located on up to six (6) miles of arterial and collector streets throughout the City, and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662), located at the City Corporation Yard; and make the CEQA determinations as provided in this staff report.

2. Approve Amendment No. 1 to Task Order No. 2 with Pavement Engineering Inc. (PEI) in the amount of $11,952.50, for a new total of $86,732.50 for design engineering and related services for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527) located on up to six (6) miles of arterial and collector streets throughout the City and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662) located at the City Corporation Yard; 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 1, 2020, Council approved the proposed Five-Year Pavement Expenditure Plan, which included Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527). Streets from the 2019 Citywide Arterial & Collector Maintenance Project #1 (Project No. 2458) that were not awarded for construction in 2019 due to limited funding availability were selected for this project, as shown below:
 Concord Boulevard (Port Chicago Highway to Bailey Road)  Port Chicago Highway (East Olivera Road to Panoramic Drive)  Oak Grove Road (Monument Boulevard to Whitman Road)
 Pacheco Street (Concord Avenue to Port Chicago Highway)  Walters Way (Detroit Avenue to Monument Boulevard)
 Zone 5L (Almond Avenue, Bacon Street, Galindo Street, Grant Street, & Mt. Diablo Street)
On October 5, 2021, a Task Order No. 2 in the amount of $74,780 was executed for design services for Project No. 2527 under the design engineer’s (PEI) Master Agreement. In addition, City staff (Staff) also included Corporation Yard Slurry and Re- Stripe Project (Project No. 2662) into Project No. 2527 due to similar scope of work and to attract contractors who prefer to bid on larger projects, with the goal of obtaining more competitive bids. The design was completed in March 2023.

As part of the design, traffic striping changes included adding high visibility crosswalks (Ladder Type Crosswalks) for increased pedestrian safety on Pacheco Street, Oak Grove Road, Concord Boulevard, and Residential Zone 5L (Almond Avenue, Mt. Diablo Street, Grant Street) and Walters Way. In addition, within the three-mile stretch of Concord Boulevard and Walters Way, bike lanes and buffered bike lanes were included

City Council Agenda Report
Agenda Item No. 5.e
May 23, 2023
in areas that currently do not have these improvements, for increased bicycle safety.

New bicycle signs will also be installed along Concord Boulevard.

The striping changes were presented to the Bicycle and Pedestrian Advisory Committee (BPAC) on April 10, 2023. Comments that were received included investigating the storm grates on Concord Boulevard so that they are bike friendly and also adding delineators on Concord Boulevard at Sunset Avenue. Staff received support from BPAC for the bike lanes and other striping changes, and their comments have been taken into account and will be implemented as part of the project.

On June 28, 2022, Council adopted the 2-Year CIP Budget for Fiscal Years 2022-23 and 2023-24, with an included appropriation of $3,324,000 to fund the construction of the Citywide Arterial & Collector Maintenance #2 Project and $82,500 to fund the construction of Corporation Yard Slurry & Restripe Project. Construction is expected to begin in June 2023 and be completed by August 2023.

Amendment No. 1 to Task Order No. 2 encompasses all the design engineering for the added Corporation Yard Slurry & Restripe Project, traffic striping changes to Concord Boulevard, construction support, and as-built drawing preparation needed to reach project completion.

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 Nos. 2527 & 2662 will be subject to the requirements of the Project Stabilization Agreement as the construction costs exceed $750,000.

Procurement Process
Construction Management
Before opening the construction bid period, on March 9, 2023, Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services for Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527). The RFP was advertised in the local newspaper and on the City’s Procurement Website. One (1) proposal was received from Shiels Sowko Consultants (SSC Inc.). Based on limited relevant work experience in SSC’s proposal, Staff did not recommend an agreement to be awarded to SSC.

Following the completed review of the proposal(s) from the RFP, Staff requested a Task Order proposal from Dewberry Engineers Inc. for construction management, inspection, and material testing services for Project No. 2527 (Project). Dewberry Engineers Inc. is on the City’s Master Service Agreement (MSA) as a consultant for construction management and inspection services.

City Council Agenda Report
Agenda Item No. 5.e
May 23, 2023
Staff negotiated and agreed upon $197,264 as a fair and reasonable compensation for the services needed to complete the construction phase of the Project. As the Task Order is over $75,000, Council approval is required.

Dewberry Engineers Inc. has extensive experience with the City, and is currently performing construction management and inspection services for the Downtown Corridors Bicycle and Pedestrian Improvement Project (City Project No. 2424).

Dewberry Engineers Inc. also agrees to be bound by the Project Stabilization Agreement.

Design Process
Amendment to Task Order
Amendment No. 1 to PEI’s Task Order No. 2 for City Project No. 2527 involves the following additional design services that were/are needed to complete the Citywide Arterial & Collector Maintenance Project #2 and the Corporation Yard Slurry and Restripe Project and are a direct result of adding scope per direction from City Staff:
 Added Corporation Yard Slurry and Restripe Project
 Extensive traffic striping changes on Concord Blvd
 Construction Support Services
 As-Built Drawing preparation
The construction contract for the subject project was awarded on May 9, 2023. Some of the scope included in this Task Order Amendment has already been completed by PEI in order for the project to stay on schedule. The project is expected to start construction in June 2023 and be completed by August 2023.

Financial Impact
The Project is funded by Measure V (Fund 407). There are sufficient funds to award the task order for construction management, inspection, and materials testing services and to cover this Task Order Amendment No. 1.

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

City Council Agenda Report
Agenda Item No. 5.e
May 23, 2023
15300.2 applies. This determination reflects the City’s independent judgement and analysis. The construction contract for the subject project was awarded on May 9, 2023, and a Notice of Exemption will be filed with the County Clerk’s office.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Proposal with Dewberry Engineers Inc. for Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527)

Attachment 1

LOCATION MAP
Citywide Arterial & Collector Maintenance Project #2
City Project No. 2527

April 19, 2023
Deyuanne Lei, P.E.

Associate Civil Engineer
City of Concord | Engineering Services
1950 Parkside Drive, M/S 40
Concord, CA 94519
RE: Proposal to Provide Inspection Services – Citywide Arterial & Collector Maintenance Project #2 Dear Ms. Lei,
Dewberry is in receipt of the City of Concord’s request to provide field inspection services for the Citywide Arterial & Collector Maintenance Project #2.

Scope:

Dewberry understands that this work will be comprised of 55 days of construction management support on the project. Inspection activities will consist of daytime field oversight of work activities to confirm that the contractor follows the plan and specification requirements for the maintenance work. The Inspector(s) shall monitor the work, maintain project documentation, prepare monthly pay applications and observe that traffic control and safety operations adhere to contract requirements. The Resident Engineer shall review schedules, work plans, coordinate the field work and check materials used on the project. An Office Engineer will also be available to assist the team, providing any project coordination and administrative functions, as needed, on the project.

Fee:

Dewberry proposes to utilize the services of Mr. Jacob Gillmore and Mr. Tim Johnson, both Senior Inspectors, to cover the field work. Inspection staff will be supported by Mr. Rob Shackelford, PE as the Resident Engineer and Ms. Cam Francis as the Office Engineer. The team activities and estimated hours for the work are planned to occur between June 12, 2023, and Aug. 28, 2023 (55 Working days), but our quote also includes time for pre- and post-construction activities. The estimated level of effort is reflected in Table 1 (attached) with a total estimated cost for these services of $197,264.00.

As an officer of the company, I am authorized to negotiate a contract with the City and can be reached at 916.919.1927 or via email at [email protected].

If there are any questions regarding the details provided within this proposal, please do not hesitate to contact Rob Shackelford via phone at 925.808.9927 or by e-mail at [email protected].

Sincerely,
Dewberry Engineers Inc.

Howard Zabell, PE Rob Shackelford, PE, CCM
Vice President/Principal In Charge Assoc VP/Senior Construction Manager/Project Manager Attachment
Attachment 2

On-Call Construction Management
City of Concord
Project No. 2527
DBE Utilization

HOURS COST HOURS COST HOURS COST
310 $58,231 310 $58,231
604 $110,308 604 $110,308
914 $168,538 914 $168,538
914 $168,538 914 $168,538
$28,726
TOTAL PROJECT COST $168,538 $28,726 $197,264
$28,726

ANTICIPATED SALARY INCREASE

TOTAL DIRECT LABOR HOURS

TOTAL OTHER DIRECT COST
Construction Management Services
Construction Mgmt Services
Materials Testing
Construction Inspection Services
Total Task 1
Dewberry Ninyo & Moore TOTAL
4/19/2023
Citywide Arterial & Collector Maintenance Project #2

On-Call Construction Management
City of Concord
Project No. 2527
.
.

Construction
Manager,
Howard Zabell
Construction
Manager,
Robert
Shackelford
Construction
Inspector**,
Jacob Gillmore
Construction
Inspector**,
Jacob Gillmore
(1.5 OT)
Construction
Inspector**,
Jacob Gillmore
(2nd Shift)
Construction
Inspector**, To
Be Determined
Officer
Engineer, Cam
Francis
TASK

HOURS ESCALATION TASK COSTS
. Loaded Rate: $287 $257 $173 $194 $188 $165 $92
6 152 152 310 $3,408 $58,231
524 80 604 $6,456 $110,308
6 152 524 80 152 914 $9,865 $168,538
. 6 152 524 80 152 914 $9,865 $168,538
Task # Task Name

TOTAL DIRECT LABOR HOURS
$168,538
ANTICIPATED SALARY INCREASE (see attached sheet)

TOTAL PROJECT COST
OTHER DIRECT COSTS (see attached sheet)
Dewberry Engineers Inc.

Prime
Construction Mgmt Services
Total Task 1
Construction Management Services
Construction Inspection Services
Materials Testing
Citywide Arterial & Collector
Maintenance Project #2

On-Call Construction Management
City of Concord
Escalation Per Year = 3.50%
4/19/2023
Percentage Complete Each Year
2021 2022 2023 224 2025

0.25% 0.75%
25% 75% 100.00% $54,822 $3,408 $58,231
25% 75% 100.00% $103,851 $6,456 $110,308
25% 75% 100.00%
$9,864.56 $168,538
$168,538TOTAL PROJECT COST WITH ESCALATION
Pre-Escalation
Task Cost Escalation Escalated Cost
(based on % complete)

TOTAL ESCALATION
Task Costs with Escalation
Construction Mgmt Services
Construction Inspection Services
Materials Testing
Construction Management Services
Total
(Must =
100%)

Staff Report
Date: May 23, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Considering appointment of applicants Michael Maestas and Jonathan Nguyen to the Bicycle and Pedestrian Advisory
Committee for four-year terms ending February 28, 2027, as recommended by the Council Committee on Infrastructure and Franchise (Obringer/Hoffmeister).

Report in Brief
Consider appointment of applicants Michael Maestas and Jonathan Nguyen to the Bicycle and Pedestrian Advisory Committee for four-year terms ending February 28, 2027, as recommended by the Council Committee on Infrastructure and Franchise (Obringer/Hoffmeister).

Recommended Action
Appoint applicants Michael Maestas and Jonathan Nguyen to the Bicycle and Pedestrian Advisory Committee for four-year terms ending February 28, 2027, as recommended by the Council Committee on Infrastructure and Franchise (Obringer/Hoffmeister).

Background
At the December 13, 2022, City Council meeting, two (2) positions on the Bicycle and Pedestrian Advisory Committee were announced, with the deadline for receipt of applications by the City Clerk on Friday, January 20, 2023, at 5 p.m. When seated incumbents did not submit an application by the application deadline, the application period was extended by five (5) working days. The extended submittal deadline, Friday, January 27, 2023, was posted on the City’s website, and the incumbents were notified

5.f5.f5.f

City Council Agenda Report
Agenda Item No. 5.f
May 23, 2023
of the application extension. Incumbent David Pitman passed away before the term expired, and Victor Benedict Tiglao did not reapply. In accordance with Policy and Procedure No. 89, and in partnership with the staff liaison for the Bicycle and Pedestrian Advisory Committee, it was determined that there were not a sufficient number of applications received during the recruitment period for the Bicycle and Pedestrian Advisory Committee. Subsequently, an announcement was made at the February 14, 2023, City Council meeting for the two (2) positions, with a deadline of Tuesday, March 14, 2023, at 5 p.m. for receipt of applications by the City Clerk.

The role of the Bicycle and Pedestrian Advisory Committee is to review transportation capital projects including roadway, pedestrian and bicycle improvements and provide input to staff on Complete Streets features and for conformity with the City's Bicycle, Pedestrian and Safe Routes to Transit Plan, adopted in September 2016 (Plan); review related grant applications; annually review the City's progress on Plan implementation; and, review and provide input on programs or policies related to implementation of the Bicycle, Pedestrian and Safe Routes to Transit Plan as requested by staff or the City Council. Members must be Concord residents and be enthusiastic about Complete Streets, cycling and other alternative modes of transportation. The Committee meets quarterly and more frequently as needed.

The Committee is seeking two (2) individuals willing to serve four-year terms ending February 28, 2027. A total of eleven (11) applications were received, and the eleven (11) applicants qualified to be interviewed included: David Baumann, Jani Chayut, Thomas Chew, David Gallardo, Lawrence (Larry) R Gray, Cody Keller, Raymond Kraft, Michael Maestas, Wesley Mercado, Jonathan Nguyen, and Erik Owens. Interviews were held on Wednesday, May 10, 2023, by the Council Committee on Infrastructure and Franchise. The applicant summary is included as Attachment 1.

The Council Committee on Infrastructure and Franchise recommend the appointment of Michael Maestas and Jonathan Nguyen for four-year terms ending February 28, 2027.

Public Contact
The City Council Agenda was posted.

Attachments

1. Bicycle and Pedestrian Advisory Committee Applicant Summary

2. Applications

Bicycle and Pedestrian Advisory Committee
Applicant Summary
May 10, 2023
Applicant
David Baumann
Jani Chayut
Thomas Chew
David Gallardo
Lawrence (Larry) R Gray
Cody Keller
Raymond Kraft
Michael Maestas
Wesley Mercado
Jonathan Nguyen
Erik Owens – Requested to be considered without interview Attachment 1

Application
Attachment 2

Submit Date: Feb 21, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
5 Number of years in Concord:
30 Number of years in the county:
55 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Bicycle and Pedestrian Advisory Committee: Submitted
David Baumann
BART District Right of Way Surveyor Land Surveyor
David Baumann

Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

Lifelong Bicycle Rider/Commuter. Work in the transportation field. Have project experience working on Streetscape and bike and pedestrian project design.

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

Work in the transportation field, with experience working with municipalities.

Question applies to Bicycle and Pedestrian Advisory Committee Please describe your interest and experience in cycling and other alternative modes of transportation.

Have been an active bicycle rider since 1987. Have commuted and recreationally biked throughout Concord. Consider bicycling a healthy and green method of transportation. Excited to see the bike path project along Galindo under construction. Work for BART(railroad) full time.

Education and Training
High School
Las Lomas High School, Walnut Creek, CA
David Baumann

Upload a Resume
College
CSU Fresno, BS Surveying Engineering, June 1991 CSU East Bay, MBA. Awarded June 1996 Technicial/Vocational Training
Certification or Other
California Licensed Surveyor #7309
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name David Baumann
David Baumann

David Baumann
831 Deer Spring Circle
Concord, CA 94521
925.787-5146
[email protected]

SUMMARY OF QUALIFICATIONS
 5 years performing as Surveyor for SFBARTD on the Earthquake Safety Program, Warm Springs Extension, San Francisco Airport Extension, e-BART and various other District projects, including acquisitions, Excess Land Disposal and right of way Closeout.  17 years experience performing project management duties.  27 years experience performing boundary surveys, preparing legal documents, and maintaining budgets and schedules.

Areas of Expertise:
 Project Management
 ALTA Surveys
 Right of Way Mapping
 Design Surveys
 Legal Descriptions
 Budgets & Schedules
 Boundary Surveying
 CAD Drafting

PROFESSIONAL EXPERIENCE
District Right of Way Surveyor, San Francisco Bay Area Rapid Transit District 2015 – Present  Review of Right of Way Maps, Exhibits and Legal Descriptions prepared by others.  Performing project Surveyor Duties for BART Extensions-e-BART, Colma Extension, SFO Extension  Prepare Legal Descriptions and Exhibits for Easement documents and Grant Deeds.  Perform Field Surveys including boundary surveys and topographic surveys  Prepare and Maintain property databases.

Survey Manager, Mark Thomas and Company; San Jose, CA 2013 – 2015  Managed Surveying Department.
 Project Management
 Managed preparation of mapping documents including Appraisal Maps, Right of Way Maps, Subdivision Maps, Parcel Maps and Records of Survey.
 Proposal Preparation
 Managed stakeholders including, Developers, Government Agency representatives, Homeowners.  Budget and Schedule Management
Survey Manager, RBF Consulting; Walnut Creek, CA 2005 – 2013  Managed Surveying Region.
 Marketing
 Proposal Preparation
 Stakeholder Management
 Project Management
 Mentoring
 Boundary Surveying
 Legal Document Preparation
 Budget Management

Owner, David Baumann, Surveyor; Concord, CA 2000-2005, 2015-Present

 Marketing
 Billing
 Proposal Preparation
 Project Management
 Scheduling
 Managed project budgets and schedules.
 Legal Document preparation
 Project Management

Project Surveyor, Carlson Barbee, Gibson, Inc.; San Ramon, CA 1998 – 2000

 Boundary Surveying
 Proposal Preparation
 Surveying Calculations

EDUCATION

Masters of Business Administration, Finance, California State University Hayward, Hayward, CA

Bachelor of Science, Surveying Engineering, California State University Fresno, Fresno, CA

Real Estate Seminars:

 Appraisal and Acquisition Under the Uniform Act Workshop – Caltrans, Oakland, CA; September 16 – 18, 2015
Included the following topics:
 Historical Context of Uniform Relocation Act (URA)
 Acquisition of Private Property
 Appraisal Requirements of URA
 Appraisal Complexity and Scope of Work
 Project Development
 Appraisal Review Requirement

 Right of Way and Legal Strategies for Successful Project Delivery March 9, 2017
Included the following topics:
 Legal Aspects of Easements
 The Project Influence Rule
 Relocation and Goodwill Business Claims

Application

Submit Date: Feb 25, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
11 Number of years in Concord:
23 Number of years in the county:
24 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Bicycle and Pedestrian Advisory Committee: Submitted
Jani Chayut
Retired Accounting Finance and Accounting
Jani Chayut

Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

As someone who often uses sidewalks, trails and bike lanes in the valley I have a vested interest in the management of our local access to the aforementioned conveyances.

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

Member of the CCA.; Political advocate for Gov. Newsom during the recall issue. A human with a lifelong experience of walking and riding on sidewalks, streets and trails.

Question applies to Bicycle and Pedestrian Advisory Committee Please describe your interest and experience in cycling and other alternative modes of transportation.

I currently use a mobility scooter for conveyance. It is not a typical model and goes as fast as a bike, so I can use it on all previously mentioned routes. I have a lot of knowledge about the current state of these routes, especially as they affect disable people. I have been hit by a car once, close misses twice, and all while I was in a crosswalk.

Education and Training
Jani Chayut

Upload a Resume
High School
Monticello High School, Monticello NY
College
University of Nevada, Las Vegas University of Northern California Cal State Northridge Technicial/Vocational Training
Accounting, Finance, Sign Language
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Jani Chayut
Jani Chayut

Jani Chayut
Objective Accountant with a passion for numbers seeks top challenge in finance or accounting. Commitment to excellence.

Work experience 3/2021– 4/2022 Hemming Morse LLP, Concord, CA Accounting/Payroll Specialist
 A/R, A/P-Preparation and distribution of daily cash sheets; Receiving, coding, and processing payments of all invoices; resolve A/P invoice discrepancies, Process employee expense payments  Payroll-Manage firm payroll on a semi-monthly basis, including mid-cycle payment checks as necessary  Billing clients, doing conflict checks and generating Engagement letters for new clients  Account reconciliations
 Other special projects or tasks as assigned; Required strong service skills, attention to detail and the ability to prioritize and handle multiple projects.
10/2019– 10/2020 Shelter Inc., Concord, CA
Staff Accountant
 Allocated FTE’s for various Federal, State and local grants  Created Financial Reports to track grant spending
 Posted detail payroll information to correctly ensure the appropriate grants were charged.  Account reconciliations
 Worked with Team Leaders to ensure proper costs were charged to maximize spenddown 3/2014– 7/2019 Human Resource Advisors, Walnut Creek, CA Accounting Manager/Payroll Specialist
 Responsible for all accounting functions, utilizing Quickbooks and Excel  Process payroll for HRA and off-site payroll processing for several HRA clients  Design calculating timecards for tracking employee time in Excel, for client and HRA usage  Initiated online billing for all clients, facilitating the follow-up of past due items while saving postage costs and decreasing the time funds are received
 Create and program accrual tables for tracking PTO for HRA clients per their administrative policies  Administer benefits for employees, including insurance programs and Simple IRA  Participate in preparing annual budgets and analyzing monthly budgets  Presentation of financials at biannual Board Meetings 10/2007 – 6/2011 Woodfin Suites Hotel/Hyatt Summerfield Emeryville, CA Administrative Accountant**NB Hyatt took control of all Woodfin Hotels eff. 5/19/11  Responsible for revenue recognition for the hotel and hotel restaurant, A/R and A/P. Responsible for payroll, maintenance of employee files (80-100 on staff) and other accounting duties as directed by the hotel GM and Controller. Essential functions include:
 Updating & submitting the Revenue Journal on a daily basis;  Proper & accurate cash reconciliation and daily bank deposits  Coding payables
 Administering benefits for hotel employees, including insurance programs and 401K  Participate in preparing annual budgets and analyzing monthly budgets  Maintained a reconciliation workbook, including but not limited to cash, credit cards, taxes, misc revenue and special deposits.  Requested timely explanations and resolutions for cash overages/shortages, credit card variances and variances between computed and collected tax from the Assistant GM.
 Maintained organized A/R files and ensured timely collection by instituting new customer billing procedures, bringing the A/R aging from over 6 months past due to all bill being within 30 days.  Details of many other responsibilities available upon request.

Phone 925-642-2381
E-mail [email protected]

9/2000 – 8/2006 STAND! Against Domestic Violence Concord, CA Senior Accountant-Grants
 Responsible for the timely issuance of all individual grant invoices as scheduled including the compilation of all program cost data, the preparation of individual grant billing spreadsheets and the invoice, including the required documentation of costs. Responsible for maintaining the billing control schedules. Maintain grants A/R system. Monitor all grant revenue and other revenues. Prepare monthly tracking reports of grants billing. Maintain individual grant files. Produce grant receivable and grant revenue analysis and reports and prepare the necessary journal entries to record into the G/L. Record all invoices, C/R on account and necessary adjustments into the grant accounts receivable system and the grant tracking worksheet. Daily processing of all cash and credit card receipts, prepare deposits and enter transactions into the general accounting system. Perform other general accounting functions including preparation of journal entries and reconciliation of G/L accounts, individual grant accounts and assigned bank accounts. Maintain client rental ledgers. Responsible for billing grant funders and the maintenance of all procedures necessary for the management of grant funds.

Record all cash receipts, balance checking accounts, develop and maintain budgets for various programs, Delegate assignments to staff as necessary. Assist with A/P and Payroll as required. Perform various general accounting functions including preparation of journal entries, general ledger account reconciliations. Instrumental in annual and grantor audits. Manage FTE Allocation for staff of 50 currently, 125 at highest staffing levels.
10/1988 – 3/2000 Kermit Lynch Wine Merchant Berkeley, CA Bookkeeper/Accountant
 A/R: Process all orders and generate invoices daily. Post cash receipts to customer accounts.  A/P: Match PO's and pack slips to invoices. Code payables. Cut computer and manual checks on a regular basis.  G/L: Post modules to G/L. Personally responsible for the closing of all accounting modules on a monthly basis. Generate all pertinent accounting reports: Trial Balance; I/E Report; Solely responsible for account reconciliation of all checking accounts (including Domestic and International accounts)
 Provide support for sales staff, including paying customer accounts on a prescribed schedule, generate mailings and develop and maintain strong working relationships with retail and wholesale customers.  Devised and deployed new accounting policies, procedures and subsequent software to enable substantial (5x) growth during my tenure (3M/yr to >15M).
1997 - 1998 HR Block Albany, CA Tax Preparer
 Prepare personal tax returns using HR Block proprietary software.  Balance cash against billings for the day.
1990 - 1996 Acme Bread Company Berkeley, CA
Bookkeeper
 Solely responsible for all accounting functions, including payroll, up to and including financial statements for a large commercial bakery and its subsidiaries ($1m/yr revenue).

Education 1982 - 1985 California State Univ. Northridge, Northridge, CA Business Major
1976- 1982 UNLV, UNC Las Vegas NV, Greeley CO
Special/Deaf Education Major
Professional
memberships
Mensa – 1999-current
Notary Public-National Notary Assoc. 1988, commission exp. Dec 2008 Languages American Sign Language, English, some French
Technical
Summary
PC, Excel, Word, 10Key, PayCom, Paychex, ADP, Ceridian Payroll, Great Plains, MIP non-profit, Intacct, Micros POS, Quickbooks, Quicken, Great Plains, Salesforce, Gusto, BigTime

Application

Submit Date: Feb 27, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
2 Number of years in Concord:
2 Number of years in the county:
2 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Bicycle and Pedestrian Advisory Committee: Submitted
Thomas Chew
Office of Dr Tom Chew, DC Doctor of Chiropractic Chiropractor Thomas Chew

Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I've been cycling recreationally and as a commuter in Alameda County since I was a student at UC Berkeley. My wife and I moved to Concord in 2021 from Oakland and I love the bike path system that's been laid out. In addition I've seen a variety of attempts in Oakland to increase safety in areas with a high incidence of auto-pedestrian accidents. I also realize that driving is an essential part of life in California and we all have to co-exist. I'm also a driver
Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

I've been managing my own chiropractic business since 1985 and have experience with marketing, budgeting,, personnel and tax. I think I would bring a balanced sensibility to this position. Professionally, I've treated many individuals who have had accidents as cyclists or pedestrians and dissection those incidents is always educational. I also work at the Concord Pavilion for Live Nation as a "Guest Ambassador" which involves managing cars and pedestrians as well as ADA individuals. My neighbor suggested that I apply.

Question applies to Bicycle and Pedestrian Advisory Committee Please describe your interest and experience in cycling and other alternative modes of transportation.

I've been a recreational cyclist and commuter since 1985. I was a serious triathlete from 1976 through 1987 and used to cycle and run day and night. An ankle injury limits me to walking and cycling. I currently ride both conventional bikes and an e-bike.. I think that e-bikes could make cycling accessible to many more people. In the distant past, I've ridden my bike from Oakland up to the top of Mt. Diablo and back. I thought I knew the area. Before we moved here we owned a car that had to be serviced on Concord Blvd.

I brought my bicycle to go for a ride while I waited for servicing. My ride was horrible because I didn't know how to access the paths. Now that I live out here and know the trails, riding is easy and I feel safe.

One of my neighbors said we have one of the best bike path systems in California. And I would have to agree although I think that maps directing people would be great. I've seen cyclists on Treat Blvd and I want to stop my car and tell them where there's a safer route.

Thomas Chew

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Education and Training
High School
Oakland High, Class of '75
College
UC Berkeley, Class of 1980. BA Physiology SFSU Microbiology. 1 year study toward Masters. No degree Palmer-West, Doctor of Chiropractic 1984
Technicial/Vocational Training
Certification or Other
Licensed to practice Chiropractic by California board since 1985 TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name thomas c chew
Thomas Chew

Thomas C. Chew
729 Navaronne Way
Concord, CA 94518
(510)260-3051
Education
Attended UC Berkeley 1975-1980. Received B.A. in Physiology, 1980 Attended California State University at San Francisco 1980-1981 Attended Palmer College of Chiropractic –West from 01/1982 until 12/1984 Work Experience
1980-1982 DSI Pharmaceuticals: Delivery and Warehouse. Member of ILWU 1985-1986 Athletic Trainer Peralta Community College District 1985 to present Chiropractic practice 3640 Grand Ave, Oakland & 2975 Treat Blvd, Concord
Provided chiropractic services for RockMed on contract basis (contact Ron Bergman)
1998-2003 Head Water Polo Coach & Assistant Swim & Diving Coach, Laney College.
2019-2020 Substitute Water Aerobics Instructor Oakland YMCA Hobbies
Cycling and swimming
Caring for two big dogs
Landscaping our yard that abuts Contra Costa Canal Trail

Application

Submit Date: Feb 22, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
1754 Oakmead Dr
Number of years in Concord:
13 Number of years in the county:
13 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Bicycle and Pedestrian Advisory Committee: Submitted
David Gallardo
DGTraining Dog Trainer Dog training
David Gallardo

Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I ride my bike and take public transportation 90%of the time. The bike lanes and integration with trails and streets have been good but need improvement. There's no good incentives to not drive. Concord makes it easier to drive than usual time alternative transport.

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

I ride a bike, walk and take public transportation a lot.

Question applies to Bicycle and Pedestrian Advisory Committee Please describe your interest and experience in cycling and other alternative modes of transportation.

I'm an avid commute cycler from San Francisco. While SF has issues, getting around without a car is not one of them.

Education and Training
High School
Castro Valley HS
David Gallardo

Upload a Resume
College
CCAC(incomplete)
Technicial/Vocational Training
USA
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name David Gallardo
David Gallardo

Application

 






 
  
 












 
 

 
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CODY KELLER
Phone: 925.209.9154 | Email: [email protected] | LinkedIn: Link | Location: Concord, CA Information Security Analyst
Information Security and Risk Management is always a top priority – I advise and assist in helping our company navigate the always challenging information security landscape while providing a white glove experience from day- to-day meetings to vendor communications and stakeholder presentations. I am an expert in building processes and continuously improving. I deliver actionable insights a nd security strategies that allow my company to expand operations and grow business while maintaining an effective and accommodating security posture.

EXPERIENCE
Information Security Analyst
ShotSpotter | Newark, CA | 03/2021 – present
o Drives information security standards and best practices across the organization. o Owns and manages the SOC 2 compliance and audit process and instructs company on needs and status. o Monitors network and systems for possible breaches and investigates violations. o Prepares reports that documents incidents and extent of damage caused. o Installs/uses software (firewalls, data encryption and endpoint protection) to protect information. o Performs security audits of third-party vendors.
o Analyzes results of penetration testing and recommends remediations. o Researches the latest information technology (IT) security trends. o Recommends security enhancements to management or senior IT staff. o Helps users when installs are needed or learning about new security products o Ensures onboarded/offboarded systems are correctly documented, archived and/or wiped.

Information Security Analyst
EPIC Insurance Brokers and Consultants | Concord, CA | 02/2017 – 04/2021 o Owned the pipeline for new partnerships, vendor risk assessments, and performs security risk assessments, and develops security risk mitigation recommendations. o Provided support and training to build security and privacy awareness throughout the organization. o Implemented and maintained information security policies aligned with ISO/NIST standards and works with stakeholders to align policies with corporate and operation strategy. o Developed and oversaw incident response procedures and escalates ongoing incidents as needed. o Tracked vulnerabilities and oversaw implementation of corporate patch strategy. o Acted as a subject matter expert and liaison for information security risks, providing timely and clear communications to multiple stakeholders including: End-Users, IT Team, CISO, CIO, & CEO, etc. o Established and managed security program through firewall installation and configuration, encryption processes, logging and monitoring, patch management, acquisition processes, risk remediation, BCP and DR planning, and end-user security training.

Computer Systems Analyst
EPIC Insurance Brokers and Consultants | Concord, CA | 02/2015 – 02/2017 o Owned and deployed the enterprise NGAV+ for 3,500+ devices and managed throughout multiple acquisitions (McAfee Full-Disk Encryption, Threat Protection & Web Control Policies and Reporting). o Owned the implementation and configuration of Firewall Security Tools (AV, IPS/IDS, DLP). o Acted as project manager to reduce vulnerabilities through third-party PEN/VULN testing and took action to reduce risk to business infrastructure and improve workflows. o Completed procedure and guideline documentation for corporate stakeholders per new regulations. o Conducted business process analyses and user requirements assessments to align information technology with business initiatives, providing oversight to the company's security-related policy changes and procedural changes to the security architect (promoted to new IT Security Team).

EDUCATION
o Bachelor of Science in Business Administration, Management | Chico, CA | 2009 – 2013 o California State University, Chico

REFERENCES
o Available Upon Request
SKILLS
Time Management
Public Speaking
Feedback Oriented
Conflict Management
Problem Solving
Project Management
Adaptability
Analytical

EXPERTISE
Policy & Governance
Risk Management
SOC 2 Compliance
NIST 800-53

IRP, BCP & DRP
Security Training
Third Party Risk
Endpoint MGMT
SentinelOne
CrowdStrike
Netskope
ZScaler
Intune/Jamf
Kaseya
AlienVault/SIEM
Rapid7

DUO MFA
Mimecast
O365
Windows/Android
MacOS/iOS
C.E.R.T.

CERTS
CISSP
CISM
CISA
Security+

INTERESTS
Playing Guitar/Bass
Hiking/Weights
Local Gov’t
Whiskey
Reading
History
Wine
Golf

Application

Submit Date: Feb 26, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
1 Number of years in Concord:
1 Number of years in the county:
1 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Bicycle and Pedestrian Advisory Committee: Submitted
Raymond Kraft
Cisco Systems, Inc.

Senior Software Engineer -
Technical Lead for BGP in ACI
Architecture
Software & Network
Engineering and Automation
Raymond Kraft

Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I'm passionate about cycling and alternative modes of transportation such as e-scooters. However, it is very dangerous and I've had a few close calls myself, so I would love the opportunity to work with the Board on improving access and safety measures. Furthermore, I'm at a stage in life where I'm looking to engage with our community more and I want to give back to the community in some form of service.

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

I don't have any experience in governance but I'm looking for a start. My other general qualifications and experience include 10+ consecutive years in various roles in Cisco Systems, including leadership positions in the Customer Experience center. I have my Bachelor's degree, and while my major was computer science oriented, I did also complete both Business Administration and Criminal Justice minors.

I'm well versed in traffic laws, cycling, and technology. I feel I could bring a unique perspective to the Board.

Question applies to Bicycle and Pedestrian Advisory Committee Please describe your interest and experience in cycling and other alternative modes of transportation.

During COVID my wife and I (like many) picked up cycling as a hobby; we were ones that kept with it and still enjoy cycling both for hobby/sport, as well as transportation. On Wed/Thu, due to the heavier traffic, my wife will take BART to SF then bike or e-scooter to her UCSF lab at Hunter's Point. I myself occasionally opt to Bike to the Concord BART, ride it till Milpitas, then take light rail and finally bike again to my Cisco campus. It's unfortunate though that biking to the BART station (especially in the dark AM hours) is not the safest with regards to bike lines and cycling safety measures. I would love contribute and advocate on such projects.

Raymond Kraft

Upload a Resume
Education and Training
High School
Saratoga Springs H.S. Reagents
College
Rochester Institute of Technology, Rochester, NY BS Applied Networking and System Administration, May 2012 w/ Honors ; GPA: 3.45; PFOS: 3.514 Business Administration Minor Criminal Justice Minor Technicial/Vocational Training
N/A
Certification or Other
CCNA, A+, pyATS Certified Developer
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Raymond Kraft
Raymond Kraft

Raymond J. Kraft
1711 Anita Ct.

Concord, CA 94521
510-598-0122
[email protected]
Objective:

Education:

To leverage the diverse experience of my technical background and tenure to lead as an IT Director in your organization. I have spent a decade plus working on the Vendor side having the privilege to work with leading-class experts spanning multiple cross- functional roles during my time at Cisco. I began my career with Cisco in the Technical Assistance Center (TAC), where I supported large Enterprise customer networks in IOS Switching. I then moved to the Datacenter Switching TAC team when it was formed to support the Nexus product family, where I gained broader exposure to DC operations.

After several years handling the most challenging customer outages as DC Team Lead, I moved to the ACI TAC team to learn the ins-and-outs of Software Defined Networking.

After growing as a leader in this role and becoming well versed in the technology, I made the leap to Cisco Engineering where I currently work with the core BGP team for ACI. I believe I have the cross-functional depth and breadth of experience to lead Cloud and Network operations with excellence for your organization.

Rochester Institute of Technology, Rochester, NY
BS Applied Networking and System Administration, May 2012 w/ Honors GPA: 3.45; PFOS: 3.514; Business Administration Minor; Criminal Justice Minor Saratoga Springs High School, Saratoga Springs, NY
Advanced Regents Diploma, June 2008, A VG: 90
F. Donald Myers Center, Saratoga Springs, NY
CISCO Academy, 2006-2008, A VG: 95
Certifications:

Technical Skills:

CCNA Routing & Switching
CompTIA A+ Certified
Cisco Security Black Belt
pyATS Certified Developer
ACI, DC Switching Technologies, Nexus 2k - 9k, IOS Switching, Routing Protocols, TCP/IP, Packet Forwarding, Linux, Intermediate Python, Basic C/Java/Perl/Bash, HTML/CSS, CDETS, Traffic Generators (IXIA, Spirent, Pagent), vCenter and VMM integration with ACI, REST API / Postman / curl (JSON/XML), Multi Site Orchestrator / Nexus Dashboard, Docker / Container troubleshooting, Wireshark & packet analysis, pyATS, Software QA, Intermediate IOS XE/XR

Work Experience: Cisco Systems, Inc. (July 2012 - Present) Senior Software Test Engineer, ACI BGP, Cisco NeXT PI, Mar 2020 – Present • Review software functional specifications in feature planning • Author software test plans for new BGP features on Cisco ACI • Execute manual testing for new features working in tandem with DE • Execute regression testing in parallel for every software release • Develop feature test automation w/ pyATS framework, Ixia, and REST API • Filed 300+ more defects since joining this role on ACI platform Technical Consulting Engineer, ACI Solution Support, Dec 2017 – Mar 2020 • Expert level troubleshooting of all protocols/features supported by ACI • Current off-queue ACI Team Lead handling daily on-floor escalations • Authored several python/bash scripts for applying bug fixes / data collection • INSBU Rotation, Nov 2019 – SJ Onsite to work with developers to fill knowledge gaps, emphasis on MSC / container debugging
• Cisco Live San Diego, June 2019 – ACI Technical Solutions Clinic • SCL Health – Onsite customer maintenance window (Denver CO, 2018) • Heavily involved with ACI BORG team and DDTS IC digitization; current BORG admin and JIRA project owner, have worked on IC for 100+ DDTS • To date have also filed ~100 DDTS on ACI, NXOS, IOS platforms Customer Support Engineer, DCSW TAC , July 2012 – Dec 2017 • Started Cisco career on LAN Switching TAC team
• Moved to DCSW TAC soon after; founding team member since its inception when segmented from LAN-SW (Enterprise) TAC • Senior engineer serving in team lead rotations
• Responsible for driving escalated BEMS, RRR, & CAP cases to resolution • Working effectively with BU ESC, engineering/development to solve complex issues
• BEMS sponsor for global DCSW teams
• Humana – On-site for CAP maintenance window (Louisville KY , 2016) • N7K BU Rotation – Atherton / M3 LC pre-FCS training for TAC content creation
Co-Ops: Verizon Wireless – Upstate NY Network Facilities Engineer, June 2010-March 2011 •. Engineered Ethernet backhaul transport solutions for LTE rollout • Maintained business relationships with fiber and microwave vendors • Circuit design, formed and presented business cases, NPV analysis, transport analysis, mapping, project management, relational database management New York State Department of Education; Albany, NY; January – May 2008 • Network Infrastructure Department
• Switch/Router configuration and installation, network maintenance References: Available upon request

Application

 




 
  
 












 

 


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Application

Submit Date: Mar 14, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
2 Number of years in Concord:
2 Number of years in the county:
27 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Bicycle and Pedestrian Advisory Committee: Submitted
Wesley Mercado
Contra Costa Water District Associate Engineer
Water Resource Engineering
and Planning
Wesley Mercado

Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I am applying to the BPAC because I care about my city, I want its planning vision to become its best and most earnest reality, and I am willing to give my time and energy to help; additionally, I believe serving on this committee would be the best possible use of my skills. I am a licensed professional civil engineer, so I am already familiar with relevant concepts in engineering, urban planning, and design. I am also a bicycle commuter and my workplace is in Concord, so I use the bicycle and pedestrian infrastructure across the city, I directly observe the city’s features and opportunities where it can improve, and I pay attention to the experiences of other people who walk and bike here. I develop strong visions for successful projects, and I can serve in support roles or leadership as needed. I am thoughtful when speaking in public and confident with presenting and facilitating discussions with multiple audiences. Deliberation, empathy, attention to details, systems-level thinking, and seeking to understand multiple perspectives and values are my interpersonal strengths. My resume provides more details about my qualifications.

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

I am a professional civil engineer, licensed in California. I am skilled in public speaking and developing presentations for multiple audiences, including elected officials, senior managers, colleagues, consultants and contractors, students, and the general public. Where technical analysis or communication is needed, I am experienced in office software such as Microsoft Word, Excel, and PowerPoint; mapping and spatial analysis tools such as ArcGIS; and data science and computer programming tools such as Jupyter. My work and educational experience further qualify me for a BPAC appointment. As an Associate Engineer at Contra Costa Water District, I regularly evaluate project designs against criteria adopted by the Board of Directors. I performed risk assessments to identify and prioritize capital improvement projects, and I have developed presentations and communicated project milestones, results, and recommendations to inform key decision-makers. I have experience conducting capital improvement planning studies, including writing a scope of work, reviewing proposals, and interviewing and managing consultants. I also have experience serving on a safety committee, providing input to maintain and improve the District’s safety culture. When I was a Junior and Assistant Engineer at Zone 7 Water Agency in Livermore, part of my job was to research and report on relevant new state laws and regulations about water efficiency and their expected long-term impacts on community water demand. I also tracked local and national efforts to advance water reuse projects and legislation. In work and in school, I analyzed tradeoffs and developed recommendations to policymakers. My resume provides more details about my experience and activities.

Wesley Mercado

Upload a Resume
Question applies to Bicycle and Pedestrian Advisory Committee Please describe your interest and experience in cycling and other alternative modes of transportation.

I bicycle for practical purposes: getting to or from work, running errands, avoiding gridlock, and minimizing unnecessary car trips. When neither my car nor my bike are available, I take city buses and walk. When visiting Oakland or San Francisco, I take advantage of BART and light rail options. When traveling overseas, I found trains and ferries were often quite practical. I rather enjoy the feeling that I am incrementally reducing traffic congestion, pollution, and energy consumption just by using my bike or my feet, and I feel more connected with my community when doing so. I understand the convenience and utility of automobiles and I understand the challenges with any attempts to change and already-built environment. I remain interested and optimistic that Concord can continue adapting to accommodate more transportation modes to meet practical needs and serve the community.

Education and Training
High School
Northgate High School - Walnut Creek, CA
College
University of Illinois, Urbana-Champaign - Master of Science, Civil and Environmental Engineering University of California, Los Angeles - Bachelor of Science, Civil and Environmental Engineering Technicial/Vocational Training
Certification or Other
California Professional Civil Engineer (License No. 90227) TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Wesley Mercado

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Wesley Mercado
Wesley Mercado

WESLEY THORSLAND MERCADO, P.E.
4426 Willow Glen Ct ♦ Concord, CA 94521 ♦ 925-876-8626 ♦ [email protected]

OBJECTIVE
To improve the safety and practicality of traveling by bicycle or on foot in the City of Concord.

PROFESSIONAL EXPERIENCE
Contra Costa Water District – Associate Engineer, Facilities Planning Section Concord, California August 2020 – Present
♦ Evaluated project designs against Board-adopted performance criteria by using hydraulic models to stress-test designs under existing conditions, emergency conditions, future land use, and firefighting scenarios ♦ Performed risk assessments for water distribution facilities, evaluating risk factors, likelihood, and consequences of failure to identify and prioritize capital improvement projects ♦ Developed presentations and communicated key project milestones, results, and recommendations to Directors, the General Manager, and interdepartmental committees of staff ♦ Developed a project scope of work, reviewed proposals, interviewed and evaluated prospective consultants ♦ Managed consultants and projects to develop plans for capacity expansion and asset management ♦ Analyzed and reported energy consumption, costs, and greenhouse gas emissions of District operations ♦ Appointed to District Safety Committee, providing input to maintain and improve safety culture in the District ---------------------------------------------------------------------------------------------------------------------------------- Zone 7 Water Agency – Assistant Engineer, Integrated Planning Section Livermore, California November 2017 – August 2020
♦ Developed a request for proposals, scope of work, and contract for the Tri-Valley Municipal and Industrial Water Demand Study, and took responsibility for the contract through the review process; recommended selection of the preferred consulting firm to the Board of Directors
♦ Developed proposal evaluation criteria for the Conjunctive Water Use Study and 2021 Water Supply Evaluation Update, reviewed and evaluated proposals, interviewed references, and served in the selection panel ♦ Monitored project budget and invoices, directed consultants, managed relationships with project stakeholders, and worked to resolve conflicts and manage project expectations ♦ Developed a technical report of model results, long-term water supply analysis, and recommended actions for the 2019 Water Supply Evaluation Update; developed new metrics for quantifying and communicating water supply reliability and risk; configured and ran Water Supply Risk Model simulations of alternative future supply scenarios; presented methods, results, and analysis to multiple audiences, including the project team, senior managers, the Board of Directors, and the general public ♦ Regularly met with and coordinated workshops with local water retailers to complete regional studies and deliver presentations, including the 2019 Water Supply Evaluation Update and the High Level Water Demand Study ♦ Represented Zone 7 at Sites Reservoir Committee meetings as an alternate with voting authority ♦ Attended regular Sites Reservoir project planning workshops, providing comments and feedback to staff on project direction, work products, and priorities
♦ Designed and implemented a new format for the Monthly Water Inventory report, improving technical communication while significantly reducing the preparation time of a regular report to the Board of Directors ♦ Researched the development and implementation of new California water efficiency regulations and briefed colleagues on interpreted regulatory requirements and expected long-term impacts on community water demand ♦ Identified and corrected database errors in the Capital Improvement Plan, streamlined the database entry interface and methods to save time and reduce errors, and upgraded report tables and figures to have a common aesthetic ---------------------------------------------------------------------------------------------------------------------------------- Zone 7 Water Agency – Junior Engineer, Integrated Planning Section Livermore, California October 2016 – November 2017
♦ Independently learned and took responsibility for Zone 7’s Water Supply Risk Model, devised a version control framework, archived results, and improved the model interface to achieve faster simulations and ease debugging U.S. C
ITIZEN. PERSONAL AND PROFESSIONAL REFERENCES AVAILABLE UPON REQUEST 1Page 55 of 70 WESLEY THORSLAND MERCADO, P.E.
4426 Willow Glen Ct ♦ Concord, CA 94521 ♦ 925-876-8626 ♦ [email protected] ♦ Managed contracted maintenance crews in seasonal tree trimming work along local creeks and flood control channels: planned daily tasks and routes, led crews to jobsites, provided maps, supervised work, documented results, tracked time worked, and verified invoices
♦ Prepared a Monthly Water Inventory report of Zone 7 supply, demand, and storage for the Board of Directors ♦ Collected, organized, and maintained capital project summary reports and data; wrote and edited text for the Fiscal Year 2018/2019 Capital Improvement Plan Update report ♦ Participated in monthly conference calls with the Western Recycled Water Coalition, tracking local and national efforts to advance water reuse projects and legislation ♦ Engaged with college and high school students at career fairs to create awareness and interest in water industry ---------------------------------------------------------------------------------------------------------------------------------- U.S. Forest Service – Hydrologic Technician (Seasonal) John Day, Oregon June 2016 – September 2016
♦ Independently surveyed forest wetlands and meadows, collecting geolocated evidence of damaged infrastructure and impaired ecosystems, including road and stream bank erosion, clogged culverts, and diseased tree species ♦ Developed and submitted a report and GPS dataset of surveyed areas to inform forest restoration projects ♦ Regularly practiced safe field work habits, including emergency and contingency planning, daily vehicle inspections, safe driving on unpaved forest roads, and engaging with the public in the field ---------------------------------------------------------------------------------------------------------------------------------- U.S. Army Corps of Engineers – Graduate Student Research Assistant Champaign, Illinois August 2014 – May 2016
♦ Informed the design for bridges over floodplains by producing watershed models with ArcGIS mapping software ♦ Principal designer, programmer, and tester of software that automatically models stormwater runoff caused by urban development, evaluates alternative green infrastructure plans to restore flow to its previous state, and computes the infrastructure life cycle costs
♦ Independently learned the C# programming language to meet project requirements ---------------------------------------------------------------------------------------------------------------------------------- Brezack and Associates Planning – Engineer-in-Training Walnut Creek, California November 2013 – June 2014
♦ Reviewed and developed feasibility studies, permit applications, environmental documentation, and technical engineering reports for governmental and private water recycling programs complying with CEQA regulations ---------------------------------------------------------------------------------------------------------------------------------- Parsons Brinckerhoff – Summer Intern I and II San Francisco, California June 2010 – September 2010 and June 2011 – September 2011 Full-time ♦ Marketed regional carpool program with public infosessions and campaigns with 9 county public library systems ♦ Reviewed design drawings and specifications of subway systems for quality assurance audits

EDUCATION AND ACADEMIC EXPERIENCE
Master of Science, University of Illinois, Urbana-Champaign Civil and Environmental Engineering
August 2014 – May 2016
♦ Led an 8-person team project to design a water treatment plant: organized the team and directed research efforts, determined if current facilities would meet future demands, designed and analyzed treatment process alternatives to meet client specifications and EPA regulations, presented findings and made recommendations to the client ♦ Calculated and analyzed greenhouse gas emissions, energy and water demand, and monetary costs over the life cycle of an engineered wetland design for agricultural wastewater treatment ♦ Wrote memoranda and gave presentations on disaster mitigation and disaster recovery urban planning case studies ♦ Analyzed tradeoffs to inform policymakers of alternate California groundwater monitoring methods ♦ Co-wrote a paper on the implications of increased biofuel production on water resources and agriculture U.S. CITIZEN. PERSONAL AND PROFESSIONAL REFERENCES AVAILABLE UPON REQUEST 2Page 56 of 70 WESLEY THORSLAND MERCADO, P.E.
4426 Willow Glen Ct ♦ Concord, CA 94521 ♦ 925-876-8626 ♦ [email protected] ♦ Calculated flood risk and frequency by applying trends to streamflow data in a probabilistic, data-driven research project; documented and discussed results in a full report ♦ Designed and built a policy model of Salinas Valley groundwater systems to predict how groundwater pumping policies affect seawater intrusion in Monterey County
♦ Used probabilistic economic analysis to optimize farm irrigation under uncertain future climate conditions ---------------------------------------------------------------------------------------------------------------------------------- Bachelor of Science, University of California, Los Angeles Civil and Environmental Engineering
September 2009 – September 2013
♦ Investigated construction sites, analyzed soil strength properties, and designed roadway and bridge foundations to minimize stress and save money in a geotechnical engineering consultant simulation ♦ Led a 4-person team to design a municipal water distribution and storage network model to meet emergency demands, comply with redundancy requirements, and account for leaks and energy loss ♦ Designed computer models simulating groundwater pollutant flow, planned and mapped pump-and-treat solutions ♦ Modeled and analyzed mountain watershed hydrology; calibrated the model using historic weather and streamflow records; wrote weekly technical reports discussing methods and results; tutored classmates in efficient computer programming techniques

LICENSES, SKILLS, AND KNOWLEDGE
♦ California Professional Civil Engineer (License No. 90227) ♦ California Driver’s License, Class C
♦ Public speaking and developing presentations for multiple audiences including elected officials, senior managers, retailer water agencies, colleagues, consultants and contractors, students, and the general public ♦ Software and Data Science: Microsoft Word, Excel, PowerPoint, ArcGIS, QGIS, Jupyter, Python, R, MATLAB

PROFESSIONAL ORGANIZATIONS
Institute of Transportation Engineers September 2012 – June 2013 ♦ Coordinated guest speakers and student tours of transportation facilities and current projects in Los Angeles ♦ Performed traffic studies for a new roadway design in Santa Monica ---------------------------------------------------------------------------------------------------------------------------------- Chi Epsilon Civil Engineering Honor Society September 2012 – June 2013 ♦ Represented UCLA at a district leadership conference to amend and vote on new policies ♦ Wrote annual newsletter, interviewed candidates for membership, conducted initiation ceremonies ---------------------------------------------------------------------------------------------------------------------------------- Engineers Without Borders October 2011 – December 2011
♦ Led a team conducting a topographic survey in a Nicaraguan village to support construction of a schoolhouse ---------------------------------------------------------------------------------------------------------------------------------- American Society of Civil Engineers September 2009 – June 2013 ♦ Built and maintained records of club members and facilitated event registrations ♦ Raised funds and managed project account for equipment purchases and calibrations

LIFE EXPERIENCE
♦ Bicycle Commuter
♦ Eagle Scout
♦ UCLA Marching Band, Trombone September 2009 – August 2013 U.S. CITIZEN. PERSONAL AND PROFESSIONAL REFERENCES AVAILABLE UPON REQUEST 3Page 57 of 70 Application

 





 
  
 













 
 




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JON NGUYEN Concord, CA
408-439-5871
[email protected]

EXPERIENCE
COMMENTSOLD, Huntsville, AL (remote)
- Lead product development of iOS and Android apps that help entrepreneurs sell with live video streaming VOLTA CHARGING, San Francisco, CA
- Led development of iOS and Android apps for EV drivers to engage with Volta’s charging network - Formed strategy for next-generation app rebuild, partnering with mobile engineering team and design agency - Performed data analysis to drive optimization and prioritization of new paid charging product launch - Built frontend analytics dashboards and added instrumentation to facilitate data access for development team - Established user research processes to promote the use of customer perspectives across the organization GOODREADS (AMAZON), San Francisco, CA
- Led product development across all mobile platforms (iOS, Android, and Amazon Kindle), 3MM+ MAU - Established new experimentation practice at company to guide new product vision and grow new user base - Led creation of company’s design system, including processes and working model across teams for governance - Conducted stream of foundational product and design research to form long-term mobile product strategy VACATIA, San Francisco, CA
- Led consumer experience at online travel startup creating a new lodging marketplace - Established user research program to promote customer focus, test new features, and drive product strategy - Launched company’s A/B testing stream with cumulative +20% conversion impact of successful tests - Created company-wide product reporting to increase visibility of performance and monitor release impacts - Led design research and implementation for mobile product page, search, and merchandising initiatives - Managed implementation of novel payment option driving over 16% of transactions within 30 days of launch - Conducted over 60 user interviews to build company’s understanding of product and market challenges WEEBLY, San Francisco, CA
- Managed growth team responsible for company’s billing system, pricing, and subscription plans for SaaS website building and e-commerce platform
- Led introduction of low-price plan structure, driving increase in conversion and subscriber growth - Guided completion of large billing system upgrade and partnered with developers to ensure quality standards Principal Product Manager, Mobile 1/2023 - Present
Senior Pr
oduct Manager, Mobile 5/2022 - 1/2023
Senior Product Manager, Mobile 11/2020 - 4/2022
Product Manager, Mobile 2/2019 - 10/2020
Senior Product Manager 1/2018 – 8/2018
Senior Product Manager, Growth (Monetization) 3/2017 – 12/2017

HOTWIRE.COM, San Francisco, CA
- Grew iOS app by 30% to 300K MAU and $120M+/yr revenue through focus on quality, utility, and usability - Led creation of new search interface using data analysis, rapid iteration, and user testing, resulting in incremental >8% GP and tripling product mix target KPI
- Partnered with designers to achieve highest system usability and customer NPS scores of all Hotwire platforms - Boosted A/B testing bandwidth 10x through adoption of new test platform and strategic architectural changes - Partnered with developers/SDETs to bring app to modern platform standards and dramatically reduce crashes - Devised new analytic approaches (repeat rate, user tiers, geospatial) that shaped company’s mobile strategy - Prototyped new concepts such as conversational UIs, geospatial, and visualization dashboard that inspired redesign of company’s supplier portal
GO SOMETIME, San Francisco, CA
- Designed and developed service for exploring local businesses and travel, including web (Rails) and app (iOS) HOTWIRE.COM, San Francisco, CA
- Created and led hotel “extend stay” product, one of most financially successful in company’s history - Performed segmentation analysis that enabled the introduction of novel opaque customer reviews product - Pioneered practice of A/B testing at company and managed experimentation program across all verticals - Designed analytical framework to evaluate emerging businesses such as media and mobile platforms INFOSYS TECHNOLOGIES, Oakland, CA

EDUCATION
UNIVERSITY OF COLORADO, Boulder, CO
B.S., Business Administration (Operations Management specialization) B.A., Economics
9/2002 - 8/2006
9/2002 - 8/2006
SKILLS
Senior Product Manager, Mobile 3/2016 – 12/2016
Lead Product Manager, Mobile 6/2014 – 2/2016
Lead Product Analyst, Mobile 8/2012 – 5/2014
Founder 5/2011 – 7/2012
Senior Product Analyst 10/2010 – 4/2011
Product Management Analyst 8/2008 – 9/2010
Business Analyst 2/2007 – 7/2008
Languages Javascript (node, D3), Python
Data Analysis R (ggplot2, tidyverse), SQL, Excel
Tools Web Analytics (Mixpanel), Project Management (e.g. Jira, Notion), A/B Testing Design Nielsen Norman Group UX Certification 2015

Application

Submit Date: Dec 30, 2022
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
12 Number of years in Concord:
12 Number of years in the county:
12 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Bicycle and Pedestrian Advisory Committee: Submitted
Erik Owens
American Distilling Institute President President
Erik J Owens

Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

Concord to me is the greatest city, in the greatest state, in the greatest country in the world. However, the city needs to modernize its infrastructure to provide safe walking and biking experiences. The current auto centric design of the streets of kill's people, intimidates people from walking, pollutes our immediate environment, and is destroying the planet. I regularly ride my bike all over Concord. During COVID I stopped driving my car, and 95% of my trips are by bike. In this time I have learned the biggest problem isw that Concord is lacking in safe intersections. Every time the bike lanes gets near a major intersection (Like Oak Grove and Treat or Market and Clayton) or try to get over the freeways or BART, they just vanish, leaving me with the decision to ride in traffic of ride on the sidewalk. Riding on the sidewalk makes it even more dangerous, with everyone turn right on red lights. Concord has a lot of great pathways in place and a lot of great open spaces. We need safe ways to connect these spaces to all of us. I believe people want to experience all the great things Concord has to offer, they just need safe ways to walk around the city.

Erik J Owens

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

For my profession I am the president (https://www.linkedin.com/in/erik-owens-09013945/) )of the American Distilling Institute, a professional association of craft distillers. I manage 5 full time employees and have an extensive background in business and project management. As far as bicycle infrastructure experience: I have been riding bicycles regularly since 1974 when I learned how to ride a bike.

Throughout my life I have regularly ridden road and mountain bikes for fun and to commute with. Since 2015 or 2016 have been a part of Bike Concord. When Oak Grove, the street I live on got repaved, the bike lane got really messed up in two was. 1. As it went under the BART tracks, the bike lane just disappeared. After this happened when I would ride my bike through there cars wouldn't give me any space, and would honk at me for riding in the lane. A month or so later tyhe city added a sharrow, and some signage, so it is somewhat better now. But as an intersection that is in a residential neighborhood, in front of a park which children in strollers, is essentially one block away from the middle school, I consider this a major failure by the city. 2. The repaving added a bike lane on Oak Grove from Minert to Treat. This was a major improvement, and I what is needed to make the intersection of Treat and Oak Grove safe.

After a month, the bike lane disappeared, and turned into a right turn lane. This is exactly what I mean above, when I say we need protected bike lanes through intersections, and the bike lanes disappear when you get to major intersections. When that happened I realized bike lanes weren’t just going to build themselves, and I decided to became active as volunteer advocate for Bike Concord. So I attend every BPAC meeting, reviewed every project, and rode my bike to every proposed project. We must protect Concord citizens from death and injury caused by traffic violence. Additionally, I am a member of Bike East Bay and have been observing all the progress they have been making. I have lived in Oakland, SF, and Hayward, and have been seeing the incredible improvements these cities have been making. I regularly travel to cities all over the US and Europe and have seen cities like Minneapolis that have miles of protected bike lanes, while we essentially have none. Serving my community would be an honor. I hope to bring all my accumulated knowledge and experience to this position.

Question applies to Bicycle and Pedestrian Advisory Committee Please describe your interest and experience in cycling and other alternative modes of transportation.

I have been riding bicycles since 4 years old and have used them as primary modes of transportation and/or fun for 46 years. In California I have lived and have extensive experience riding in Livermore, Hayward, SF, Santa Cruz, Oakland and Berkeley. Additionally, when I travel I rent bikes and ride trains whenever I can and have experienced bicycle infrastructure in Spain, Sweden, Denmark, Japan, Ireland and the UK. Currently I regularly ride my son to school traveling from Oak Grove and Whitman to Pleasant Hill Middle School.

Why would you like to participate in the Concord Community Academy? How did you hear about the Concord Community Academy?
None Selected
Erik J Owens

Upload a Resume
Education and Training
High School
Granada High School, Livermore CA
College
UC Santa Cruz, BA in Biology
Technicial/Vocational Training
Certification or Other
Human Resources Certificate in Project Management UC Berkeley Extensions Greenbelt in Lean Six Sigma , Air Academy
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Erik Owens
Erik J Owens

Erik Owens
992 Oak Grove Rd, CA 94518 (510) 590-8704 [email protected]

Summary
Using my experiences in biotech manufacturing and technical writing I am currently working on creating online learning programs for manufacturers of craft spirits.

Skills
● Project Management training and experience
● Technical writing for manufacturing, testing and purchasing materials ● Manufacturing in FDA and ISO 9001 regulated environment ● Supervisory experience
● Process Improvement (5S) Lead
● Data collation and presentation

Work Experience
Project Manager – Learning ​American Distilling Institute Create Learning Management Software (LMS) content for educational programs. Manage social media (Facebook and Twitter) accounts. 05/16-current

Technical Writer II – Change Control Bio-Rad Laboratories Create and revise Production, QC, Purchasing and Label documentation for a chemical manufacturing facility. Participant in Kaizen and Lean Six Sigma efforts at the plant.

Supervisor and Lead in the Documentation Change Control team. Identify incorrect technical information and coordinate communication between departments to build consensus for correction of technical documents. Project Manager of Regualtory (GHS) Project Implementation. Perform internal audits in the department and at the company. 10/06-current

Ecological Coordinator - Yuma Wetlands Fred Phillips Consulting Manage 1400 acre revegetation project on the Colorado River. Directly supervise employees.

Contribute to grant report generation. Write maintenance and growth reports. Build and maintain relationships with stakeholders including City, Native American and Federal Government. Organize volunteer days for community interaction. 01/06-07/06

Manufacturing Associate II - Purification Department Chiron Corporation Lead Technician organizing, executing, and troubleshooting manufacturing of biopharmaceutical in FDA regulated environment. Main presenter/organizer of regularly scheduled data analysis meeting. Investigated and wrote discrepancy reports. Maintained and entered data into databases. Performed aseptic technique, environmental monitoring and testing 06/02-01/06

Manufacturing Associate - LabSupport Temporary Services ​Calypte Biomedical Production of biopharmaceutical media in FDA regulated environment. Prepared buffers and media. Assisted bulk filling operations. Assembled HIV Testing kits. 04/02-05/02

QA Assistant​ - ​Manpower Temporary Service Black Mountain Spring Water Sterile water sampling in manufacturing site. Conduct bacteria screening of water samples, performed turbidity, conductivity, and pH testing of samples. 10/01-03/02

Computer Skills
Microsoft Office Suite (Excel, Word, PowerPoint), SAP, BarTender

Education
University of California at Santa Cruz, Department of Biology Page 69 of 70 Bachelor of the Arts degree in Biology, June 1998
UC Berkeley Extensions Project Management HR Certificate, 2015 Air Academy Lean Six Sigma, 2016
Training

UC Berkeley Extensions Project Management Training
Internal Auditor Training,
Kaizen Foundations,

Staff Report
Date: May 23, 2023
To: City Council/City Council Sitting as the Local Reuse Authority From: Valerie J. Barone, City Manager
Prepared by: Guy Bjerke, Director of Economic Development & Base Reuse [email protected]
(925) 671-3076
Subject: Considering an amendment to the contract with Guardian Security Agency in the amount of $65,000 for extended
services and coverage; establishing a new not-to-exceed amount of $334,000; extending the term to August 31, 2023; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (Funding will be provided by GoMentum Station, and the LRA Loan Reserve
(General Fund.))
CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), 15273, and/or 15378.

Report in Brief
The Local Reuse Authority (LRA) has provided security guard services to monitor the former Concord Naval Weapons Station (CNWS) entry gates at the request of, and at the expense of, GoMentum Station since September 2016.

Guardian Security Agency’s contract will expire on June 30, 2023 and as a result, LRA staff will be issuing a Request for Proposal for security guard services for three years.

The RFP process will be complete by August 31, 2023, which will exceed the current contract term and budget.

LRA staff is requesting the approval of this contract amendment so GoMentum, Navy, and LRA staff can securely access the CNWS while the RFP process takes place, which will require extending the current contract term until August 31, 2023. The funding

5.g5.g

City Council Agenda Report
Agenda Item No. 5.g
May 23, 2023
for these additional services will come primarily from reimbursements made to the LRA by GoMentum Station.

Recommended Action
Approve the contract amendment with Guardian Security Agency in the amount of $65,000 for extended services and coverage; establishing a new not-to-exceed amount of $334,000; extending the term until August 31, 2023; authorize the City Manager to execute the amendment in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

Background
The LRA provides security guard services to monitor the entry gates at the former Concord Naval Weapons Station. Guardian Security Agency was awarded the latest contract to provide security services three years ago. The main user of the security guard services (besides the LRA, Navy or Contra Costa County) is the autonomous vehicle testing by GoMentum Station which reimburses the LRA for security services; providing funding for approximately 80% of these costs.

Analysis
The Guardian Security Agency contract expires June 30, 2023 and a new RFP process is required in order to continue providing security to the CNWS. This contract amendment is sought to avoid any lapse in security coverage between now and the anticipated RFP completion date of August 31, 2023.

The LRA can only compensate Guardian Security Agency for amounts authorized under its contract regardless of the source of funding, such as GoMentum Station reimbursement, which is why staff is requesting the LRA approve this contract amendment.

Financial Impact
GoMentum Station currently reimburses the LRA for approximately 80% of these costs.

Ongoing funding for security gate services will be provided by a combination of sources including the LRA and GoMentum Station.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15273, 15378, and, this activity is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA as it falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a

City Council Agenda Report
Agenda Item No. 5.g
May 23, 2023
significant effect on the environment.” This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. Fourth Amendment to Contract with Guardian Security Agency

1 FOURTH AMENDMENT TO

SERVICES AGREEMENT
THIS FOURTH AMENDMENT TO SERVICES AGREEMENT (“Amendment”) is entered into on May 23, 2023 (“EFFECTIVE DATE”) by and between the CITY OF CONCORD, a municipal corporation (“CITY”) and Guardian Security Agency, a division of Delta Personnel Services, Inc. (“CONTRACTOR”).

A. WHEREAS, the CITY and CONTRACTOR entered into a Services Agreement dated June 30, 2020 referenced as the City’s document No. 5800 for security guard services in connection with the Concord Naval Weapons Station (“Services Agreement”); and B. WHEREAS, on July 1, 2021, the parties amended the Services Agreement to extend the term to June 30, 2022 (“First Amendment”).

C. WHEREAS, on July 1, 2022, the parties executed a Second Amendment to Services Agreement to extend the term to June 30, 2023 (“Second Amendment”).

D. WHEREAS, on April 4, 2023, the parties executed a Third Amendment to Services Agreement to increase the expenditure cap to $269,000 (“Third Amendment”).

E. WHEREAS, the Services Agreement, First Amendment, Second Amendment, Third Amendment and this Fourth Amendment to Services Agreement are hereby collectively referred to herein as the “Agreement.”
NOW, THEREFORE, in consideration of the mutual promises and conditions set forth herein, the parties mutually agree as follows:

Section 1. The term is extended to August 31, 2023. As such, Section 1, TERM, is amended to read as follows:

This Agreement shall commence on June 30, 2020 and expire on August 31, 2023 Section 3. The not to exceed expenditure cap in Section 3, PAYMENT, is increased by $65,000 to a total not to exceed amount of Three Hundred Thirty-Four Thousand ($334,000) for the term of this agreement.

Section 2. Except as expressly amended herein all terms and conditions of the Agreement remain in full force and effect.
[Signatures follow on next page]
Attachment 1

IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date.

CONTRACTOR
______________________ By: ______________________________ Dated David J. Travers
President

CITY OF CONCORD
______________________ By: _______________________________ Dated Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
___________________________ ____________________________________ City Attorney City Clerk

3 FINANCE DIRECTOR’S CERTIFICATION:

Concord, California
Date: _____________________________, 2023

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/2023 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $334,000. Account Code: 4009500C999-4002011111-63800. _______________________
Finance Director’s Signature

Staff Report
Date: May 23, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering introduction of an Ordinance Amending Chapter

5.100 of the Concord Municipal Code (Tobacco Retailers
License Program), Including to Prohibit Flavored Tobacco Products, Prohibit the Sale of Tobacco Vape and E-Cigarette Products, Establish Minimum Price and Pack Sizes for
Tobacco Products, Prohibit Couponing and Discounting for Tobacco Products, Enhance Nuisance And Enforcement
Provisions, and Make Other Non-Substantive Text Changes, by reading of the title only and waiving further reading.

CEQA: Not a project/exempt under Public Resources Code 21065, CEQA Guidelines Section 15060(c)(2), 15378; and/or 15061(b)(3).

Report in Brief
On January 10, 2023, the City Council directed staff to bring revisions to the City’s Tobacco Retailers License Program forward to Council for consideration. The City’s Tobacco Retailers License Program is contained within Chapter 5.100 of Concord Municipal Code. In general, the proposed changes include prohibitions on all flavored tobacco products, on the sale of tobacco vape and e-cigarette products, on couponing and discounting of tobacco products, and the establishment of minimum price and pack sizes for tobacco products. Council also directed staff to explore other enforcement efforts and opportunities.

Recommended Action
Open the public hearing, receive public testimony, and introduce the above-referenced Ordinance by reading of the title only and waiving further reading (Attachment 1).

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

City Council Agenda Report
Agenda Item No. 6.a
May 23, 2023
Background
On May 24, 2022, Council referred the topic of “Tobacco Regulations” to the Policy Development and Internal Operations (PD&IO) Committee (Aliano/Hoffmeister) to consider further regulating tobacco in the City of Concord, and in particular flavored tobacco. The PD&IO Committee discussed the item on October 18, 2022, then referred it back to the full City Council for consideration.

On November 8, 2022, California voters passed Proposition 31, which upholds a 2020 law (SB 793) that prohibits the sale of certain flavored tobacco products, including flavor enhancers.

The text of California’s new law addressing flavored tobacco can be found here. The following tobacco products are currently prohibited under this State law:
 Flavored e-cigarettes and vapes
 Flavored e-juice, pods, and cartridges
 Menthol cigarettes
 Flavored little cigars and cigarillos
 Flavored smokeless tobacco products
 Flavored blunt wraps
 Flavored loose-leaf roll-your-own tobacco
 Flavored tobacco rolling papers
 Tobacco product flavor enhancers
The following tobacco products are exceptions to the new law, meaning they are not prohibited by State law:
 Flavored hookah/shisha;
 Flavored loose-leaf pipe tobacco; and
 Flavored premium cigars costing $12 or more
On January 10, 2023, the City Council discussed Tobacco Regulations and directed staff to return with a draft ordinance amendment which does following:
 Prohibits the sale of all flavored tobacco products including hookah/shisha, loose leaf pipe tobacco and premium cigars;
 Prohibits the sale of all tobacco vape and e-cigarette products;  Prohibits the use of coupons and discounts for tobacco products; and  Establishes minimum price and pack sizes for tobacco products.

City Council Agenda Report
Agenda Item No. 6.a
May 23, 2023
Some of Concord’s neighboring agencies prohibit the sale of all flavored tobacco products, including hookah/shisha, loose leaf pipe tobacco, and premium cigars, among other things. LGBTQ Minus Tobacco provided a detailed overview of tobacco regulations within other communities in Contra Costa County (Attachment 2). While the City of Antioch’s more restrictive tobacco regulations took effect in December 2022, in April 2023 the Antioch City Council repealed their minimum price and pack size provisions in response to the negative impact the new rules were having on small business owners and consumers of tobacco products.

The following is a high-level summary of neighboring agency regulations with a comparison to Concord’s existing tobacco policies:
 Requirement to obtain and display an annually renewed tobacco retail license o The City of Concord began a Tobacco Retailers License program in 2006.

Licenses are issued to businesses concurrent with their business license for a fee of $238 (which if needed, may be adjusted annually in the Resolution Establishing Various Municipal Fees and Charges). Concord has 87 licensed tobacco retailers. There is a requirement for the Tobacco Retailer License to be displayed (occurring via posting of the retailer’s business license).
 Suspension of tobacco retail license and/or fines to retailers who sell prohibited products or who make sales to persons under 21 year of age o Chapter 5.100 (Tobacco Retailers License Program) of the Concord Municipal Code specifies that licenses may be suspended or revoked for violations of the ordinance and/or any state or federal tobacco-related laws.
 Prohibition on the sale of some or all flavored tobacco o Concord does not prohibit the sale of flavored tobacco products.  Prohibition on the sale of electronic cigarettes
o Concord does not prohibit the sale of electronic cigarettes.  Minimum sale price for combustible tobacco products
o Concord does not impose minimum sale prices on tobacco products.  Prohibition on redemption of coupons for combustible tobacco products o Concord does not prohibit the redemption of coupons for combustible tobacco products.
 Minimum pack size for combustible tobacco products
o Concord does not impose minimum pack sizes for combustible tobacco products. Federal law regulates minimum cigarette pack sizes.

City Council Agenda Report
Agenda Item No. 6.a
May 23, 2023
 Prohibition on issuance of tobacco retail licenses to state-licensed pharmacies o Concord does not prohibit pharmacies from selling tobacco, and per Council direction on January 10, 2023, is not a consideration for tonight.  Limitation on number of tobacco retail licenses issued o Concord does not limit the number of tobacco retail licenses issued, and per Council direction on January 10, 2023, is not a consideration for tonight.
 Prohibition on issuance of new licenses within buffer zones around sensitive areas
o Section 5.100.050 (Limits on Tobacco Retailer Licenses) of the Concord Municipal Code specifies that licenses may only be issued to retailers at a fixed location. Concord has no other prohibitions related to buffers zones around sensitive areas, and per Council direction on January 10, 2023, is not a consideration for tonight.
 Routine enforcement to ensure compliance with product restrictions and laws against sales to persons under 21 years of age
o Concord has not historically performed routine compliance checks to ensure conformance with laws; enforcement has been conducted on a complaint basis.

Analysis
Included as Exhibit A to Attachment 1, is an amended version of Chapter 5.100 of Concord Municipal Code – Tobacco Retailer License Program. This amended version of the Municipal Code incorporates direction provided by Council on January 10, 2023, in addition to general cleanup of the Code language. Attachment 3 is a redline showing changes before the Council tonight.

Hookah Lounges
The draft amendment that Council is considering has exceptions for the City’s two hookah lounges, which are establishments where patrons may purchase and smoke flavored tobacco using hookah pipes in a social setting. Hookahs are water pipes with flexible hose(s) and mouthpiece(s) that are used to smoke specially made flavored tobacco.

The following provides history on the City’s two hookah lounges:
 Wicked Mirage at 3425 Chestnut was issued a use permit in 2010.  Hookah Palace at 1120 Contra Costa Boulevard was issued a use permit in 2014.

City Council Agenda Report
Agenda Item No. 6.a
May 23, 2023
 On November 2, 2015, the City Council adopted Development Code updates which, among other things, prohibited the approval of Hookah Lounges. The City’s two existing hookah lounges were allowed to continue to operate as legal, non-conforming uses. Both hookah lounges are also required to maintain Tobacco Retailer Licenses.

By Council adopting the amended Municipal Code as currently drafted it will continue to allow flavored tobacco sales for onsite use and consumption at existing hookah lounges. These establishments have a business model consisting entirely of the sale and consumption of flavored tobacco. The amendments would therefore allow existing hookah lounges to continue operating. However, sale for offsite use and consumption of hookah products would be prohibited. No new hookah lounges can be permitted in Concord under the current zoning codes.

If Council wishes to prohibit the two existing establishments from selling flavored tobacco, Council may adopt the amendments with the following changes (changes in red):

5.100.010 Definitions.

Tobacco Retailer. Any Person who Sells, offers for Sale, or does or offers to exchange for any form of consideration, Tobacco, Tobacco Products, or Tobacco Paraphernalia, or who Sells or distributes free or low cost samples of Tobacco Products or Tobacco Paraphernalia. Tobacco Retailer includes a Proprietor (as defined above), and any agent or employee of a Tobacco Retailer or Proprietor.

Except as expressly provided in Section 5.100.050(a)(6), The term Tobacco Retailer includes hookah lounges.

5.100.050 Limits on Tobacco Retailer licenses.
(a) Prohibitions.
(1) Self-Service Displays are expressly prohibited.
(2) Mobile Vending and Moveable Places of Business are expressly prohibited. No license may issue to authorize Tobacco Retailing at other than a fixed location. No Tobacco retail license will be issued to a Tobacco Retailer who intends to or does engage in Mobile Vending, has or intends to have a Moveable Place of Business, or who intends to or does offer Self-Service Displays.
(3) Flavored Tobacco Products Prohibited. It shall be unlawful for any Tobacco Retailer to Sell or possess with intent to Sell any Flavored Tobacco Product.

City Council Agenda Report
Agenda Item No. 6.a
May 23, 2023
(4) Electronic Smoking Devices Prohibited. It shall be unlawful for any Tobacco Retailer to Sell or possess with intent to Sell any Electronic Smoking Device.
(5) Coupons are expressly prohibited.
(6) Hookah lounges are expressly prohibited from selling Hookah, Hookah Products, Tobacco Products, or Tobacco Paraphernalia for off- site use or consumption. The legal, non-conforming uses located at 3425 Chestnut and 1120 Contra Costa Boulevard may sell Hookah Products strictly for on-site use and consumption at such premises, so long as their respective Tobacco Retailer Licenses are continuously maintained in good standing, as determined by the Department.

Compliance and Enforcement
In response to Council’s January 10, 2023, direction to explore enforcement efforts and opportunities that are in addition to the enforcement already occurring when complaints are filed, the City of Concord’s Police Department took the following steps:

1. Informational mailer. The Police Department sent an informational mailer to all businesses with a Tobacco Retailers License to help educate these establishments on the new State law prohibiting flavored tobacco products.

2. Concord Connect. The Police and Information Technology departments worked together to make it easy for citizens to report illegal sales of flavored tobacco products through the City’s Concord Connect application; the update went live in February 2023.

3. Proactive enforcement plan. The Police Department developed a proactive enforcement plan that contains the following elements:
a. On a quarterly basis, Code Enforcement Officers will identify twelve (12) locations where tobacco sales occur.
b. The twelve locations will be randomly selected among the three policing districts (North, South, Valley), distributed equally at four (4) locations per district. c. On a coordinated, specified date, Code Enforcement Officers will conduct compliance checks on the twelve identified businesses to ensure compliance with all tobacco regulations.
d. Retailers in violation of tobacco regulations will receive immediate citation. e. It is estimated that Code Enforcement staff will dedicate a minimum of twenty four (24) staff hours per quarter completing inspections and related administrative tasks.
f. Quarterly inspections are anticipated to begin in July 2023.

City Council Agenda Report
Agenda Item No. 6.a
May 23, 2023
Community Outreach
During the development of the Municipal Code amendments, City staff met with members and staff of Contra Costa County’s Tobacco Prevention Project, LGTBQ Minus Tobacco, American Heart Association, and the American Cancer Association, to review and discuss the amendments.

City staff scheduled two May 15, 2023, informational sessions with the City’s licensed tobacco retailers. Because of the timing of the informational sessions and the writing of this report, staff will provide a report on the outcome of the informational sessions when staff presents information during the meeting.

Financial Impact
As mentioned previously, the City collects a $238 fee when issuing a tobacco retailer license, equating to $20,706 in revenue collected annually ($238 x 87 licenses). Staff estimates the annual cost of issuing licenses to be $1,161 and enforcing regulations to be $20,000 ($21,161 total). While the revenues fall below estimated expenditures by approximately 2%, staff is not recommending a fee increase at this time. Staff will monitor actual costs over the next Fiscal Year and address fee updates, if needed, with the adoption of the City’s Master Fee Schedule in 2024.

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 Ordinance does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment and pursuant to Section 15378 because the Ordinance has no potential for either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment.

Moreover, even if the Ordinance does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” None of the exceptions identified in CEQA Guidelines Section 15300.2 are present. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted. A public hearing notice was published in compliance with State law, and a notice of this meeting was mailed to licensed Tobacco Retailers. As discussed above, two informational meetings were scheduled for tobacco retailers to inform them of the proposed ordinance changes and information about tonight’s meeting. The agenda item and tonight’s meeting was publicized on the City’s social media channels.

City Council Agenda Report
Agenda Item No. 6.a
May 23, 2023
Attachments

1. Ordinance amending Concord Municipal Code, Chapter 5.100, Tobacco Retailer License Program (Exhibit A: Chapter 5.100)

2. LGBTQ Minus Tobacco table of tobacco regulations

3. Redline of proposed changes to Concord Municipal Code, Chapter 5.100, Tobacco Retailer License Program

4. Correspondence

Ord. No. 23-XX 1
ORDINANCE NO. 23-XX
AN ORDINANCE AMENDING CHAPTER 5.100 OF THE CONCORD

MUNICIPAL CODE (TOBACCO RETAILERS LICENSE PROGRAM),

INCLUDING TO PROHIBIT FLAVORED TOBACCO PRODUCTS,

PROHIBIT THE SALE OF TOBACCO VAPE AND E-CIGARETTE

PRODUCTS, ESTABLISH MINIMUM PRICE AND PACK SIZES FOR

TOBACCO PRODUCTS, PROHIBIT COUPONING AND DISCOUNTING

FOR TOBACCO PRODUCTS, ENHANCE NUISANCE AND

ENFORCEMENT PROVISIONS, AND MAKE OTHER NON-

SUBSTANTIVE TEXT CHANGES
WHEREAS, on August 28, 2020, California Governor Newsom signed SB 793 which ended the sale of most flavored tobacco products statewide. However, tobacco companies sponsored a referendum on the new law, putting the law on pause for two years and requiring voters to go to the polls and uphold the law; and
WHEREAS, on November 8, 2022, California voters upheld Senate Bill (SB) 793 by voting “Yes” on Proposition (Prop) 31, which prevents retailers from selling most flavored tobacco products, including menthol cigarettes and electronic smoking devices (vapes); and WHEREAS, Section 104559.5(g) of the California Health and Safety Code and Section 26200 authorizes local governments to adopt local standards that imposes greater restrictions on the access to tobacco products than the restrictions imposed by Section 104559.5, and further provides that “[t]o the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail;” and WHEREAS, Section 26200 of the Business and Professions Code expressly authorize local governments to regulate smoking and cannabis in any manner not inconsistent with state law; and WHEREAS, there is no Constitutional right to smoke; and WHEREAS, the U.S. Environmental Protection Agency has determined tobacco smoke is the major contributor to particulate indoor air pollution; and WHEREAS, Center for Disease Control and Prevention has determined tobacco use is the number one cause of preventable death in California and continues to be an urgent public health issue; and
Attachment 1

Ord. No. 23-XX 2
WHEREAS, the purpose of the City’s smoking restrictions is to serve the public health, safety, and welfare due to the known dangers to health posed by smoking; and WHEREAS, the health care costs and lost productivity incurred by smoking-related disease and death represent a heavy and avoidable financial drain on our community; and WHEREAS, electronic smoking devices, commonly known as “electronic cigarettes,” “e- cigarettes,” “e-cigars,” “e-cigarillos,” “e-pipes,” “e-hookahs,” “electronic nicotine delivery systems,” “vape pens,” etc. are battery operated devices designed to deliver nicotine, flavor, and/or other substances through a vapor inhaled by users; and
WHEREAS, the use of electronic smoking devices has grown in popularity in recent years, even as traditional tobacco use has declined; and
WHEREAS, the U.S. Food and Drug Administration conducted laboratory analysis of electronic cigarette samples and found they have contained carcinogens and toxic chemicals to which users and bystanders could be exposed; and
WHEREAS, electronic smoking devices’ vapor emissions and cartridge contents have been found to contain a number of dangerous substances including chemicals known to the State of California to cause cancer such as formaldehyde, acetaldehyde, lead, nickel, and chromium; and WHEREAS, the Centers for Disease Control and Prevention report that e-cigarettes contain harmful substances including nicotine, which is highly addictive and can harm adolescent brain development; and
WHEREAS, the Centers for Disease Control and Prevention further report that flavorings in tobacco products can make them more appealing to youth; and WHEREAS, the City’s Tobacco Retailer License Program regulations have not been comprehensively updated since 2006; and
WHEREAS, on February 20, 2021 the City Council identified increased controls, licensing, enforcement, and ban on flavored tobacco as a Tier 2 priority; and WHEREAS, the adoption of this Ordinance and the attached text amendments (Exhibit “A”) to the Concord Municipal Code is necessary to further regulate the availability of harmful and highly