1 COUNCILMEMBERS
Dominic D. Aliano, Mayor
Laura M. Hoffmeister, Vice Mayor
Edi E. Birsan
Timothy A. McGallian
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 24, 2022
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and Various
telephonic/electronic
locations
NOTICE: Members of the City Council, City staff/consultants, and the public will be able to participate either in-person or remotely via Zoom.
Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public. Tonight’s meeting will be conducted both in-person and remotely via Zoom.
How to Watch the Meeting:
Watch on TV on Comcast Channel 28, Wave Channel 29, and U-verse Channel 99 Watch the TV broadcast through the City’s website by following THIS LINK Watching Live Streaming of the meeting by following THIS LINK Join the Zoom webinar by following THIS LINK
How to Submit Public Comments:
Please note that emailed comments will not be read aloud by staff.
Written: All comments received before 3:00 pm the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Councilmembers prior to the meeting.
2 Email comments to [email protected].
If you are commenting on a particular item on the agenda, please identify the agenda item number and letter.
If you are commenting on an item not listed on the agenda, please identify your comment as a General Public Comment.
To Participate in Public Comment During the Meeting:
Please note that emailed comments will not be read aloud by staff.
In-Person Comments: Blue Speaker Identification Cards are located near the Council Chamber entrance. Please complete a Speaker Card and give it to the City Clerk prior to the agenda item you wish to speak on and preferably prior to the Council meeting. When the Mayor opens a public comment period, the City Clerk will call speakers to provide comment in the order the Speaker Cards are received. Should you have any questions after consulting the Speaker Identification Card, please contact the City Clerk prior to the start of the Council meeting.
Live Remote Public Comments: Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
Join the meeting at any point, but be sure you are in the meeting prior to the City Council consideration of the item on which you would like to provide comments.
From a PC, Mac, iPad, iPhone or Android:
https://cityofconcord.zoom.us/j/88337868675?pwd=WUhhQ0RqUmpPOFlpMUh3SFlQT1A4Zz09 oWebinar ID: 883 3786 8675
oPasscode: 397207
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
Each speaker will be afforded up to 3 minutes to speak. Speakers will be muted until their opportunity to provide public comment. When called upon to speak, speakers will be promoted to panelists so they have the ability to turn on their cameras so they are visible to the Council and public.
When the Mayor opens a public comment period on the item on which you would like to comment, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide.
3 OPEN SESSION
1. OPENING
Roll Call
Pledge of Allegiance – Councilmember Birsan
2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.
State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Submit Public Comments” above.
3. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.
If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – approval of the minutes from the Meeting of April 12, 2022.
Recommended by the City Clerk.
b. Considering – adoption of Ordinance No. 22-8 entitled, "An Ordinance Amending Concord Municipal Code, Title 12 (Streets & Sidewalks), Chapter
12.15, Street Encroachments, to Add a Moratorium on and Required Enhanced Restoration for Certain Street Cuts within a Five Year Period." Ordinance No. 22-8 was introduced on April 26, 2022, by reading of the title only and waiving further reading. Recommended by the City Clerk.
CEQA: Not a project/exempt under CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15378, 15301, 15302, 15303, and/or 15304.
c. Considering – approval of Task Order #2 for LCC Engineering and Surveying, Inc. in the not-to-exceed amount of $90,451 (base agreement of $78,653 plus staff authority to spent up to a contingency of $11,795) for design engineering and related services for Newhall Park Water Quality Improvement (Project No. 2353), and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per and Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15378 and/or 15061(b)(3). 4 d. Considering – the following for Grant Street/East Street Pavement Rehabilitation Project, Project No. 2525: (1) award a construction contract in the amount $5,527,965 to Bay Cities Paving & Grading, 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) approval of an Agreement for Professional Services with Swinerton Management and Consulting, Inc. in the not-to-exceed amount of $551,091 (base agreement of $500,992 plus staff authority to spend up to a 10% contingency of $50,099) to provide construction management, inspection, and materials testing services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15282(j), 15378, 15301, 15302, 15303, 15304, Public Resources Code Section 21065, and/or 21080.19. e. Considering – adoption of a Resolution amending Policy & Procedure 37.4 - Employment of Relatives. Recommended by the Director of Human Resources.
CEQA: Not a project/exempt per Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c)(2), 15060(c)(3), 15378, 15061(b)(2), 15061(b)(3) and/or 15378(b)(4).
f. Considering – the award of a Construction Contract in the amount of $2,102,247 to St. Francis Electric LLC for the Citywide Traffic System Upgrade Project [Project No. 2493] and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and approving a related budget transfer of $700,000 from Arterial Pavement Holding Account (Project No. 2157), Pavement Maintenance Zone 5J (Project No. 2526), and Off-Site Street Improvement Program (OSIP) Update (Project No. 2541) (Federal HSIP, Gas Tax, OSIP, and Measure V Funds) Recommended by the Director of Community Development.
NEPA: Categorical exclusion per Section 23 CFR 771.117(c)(8).
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061 (b)(3), 15273, 15282(j), 15378, 15301, 15302, 15303, 15304, Public Resources Code Sections 21065 and/or 21080.19. 5 g. Considering –
1. Award of a Construction Contract in the amount of $4,049,949.25 to Redgewick Construction Co. for the Monument Boulevard Class 1 Path [Project No. 2455] and authorizing staff to utilize the available project contingency for contract change orders 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 Park Engineering in the not-to-exceed amount of $258.424 (base agreement of $234,930.81 plus staff authority to spend up to a 10% contingency of $23,493.19) for construction management, inspection, and materials testing services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and
3. Approval of a budget transfer in the amount of $300,000from Pavement Maintenance Zone 5J (Project No. 2526) to the Monument Boulevard Class 1 Path (Project No. 2455) to provide for the staff authorized 10% construction contingency. (Federal OBAG 2, Measure V, and Measure J Local Funds) Recommended by the Director of Community Development.
NEPA: Categorical exclusion per Section 23 CFR 771.117(c)(3).
CEQA: Not a project/exempt per CEQA Guidelines Section15060(c), 15061(b)(2), 15061(b)3, 15273, 15282(j), 15378, 15301, 150302, 15303, 15304, Public Resources Code Sections 21065, and/or 21080.19. h. Considering – approval of a lease agreement between the City of Concord and BART for BART’s use of two City-owned parcels located at Sunset Avenue and Sinclair Avenue; and authorizing the City Manager to execute the lease in a form acceptable to the City Attorney. Recommended by the Assistant City Manager.
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.
4. CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSIDERATION ITEMS The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above.
City Council Consideration Item
a. Considering – adoption of a resolution to declare surplus lands and issue Notices of Availability for Town Center II Property (an approximately 3-acre property located at 1765 Galindo Street and bounded by Galindo Street, Concord Boulevard, and Clayton Road) and the Oak Street Project Property (an approximately 4.2-acre property composed of two parcels separated by 6 Mt. Diablo Street and bounded by Galindo Street, Oak Street, and Laguna Street.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15378 and/or 15061(b)(3).
Local Reuse Authority Consideration Item
b. Considering – a requested First Amendment and timeline extension to the Exclusive Agreement to Negotiate (ENA) between the Local Reuse Authority (LRA) and Concord First Partners, LLC regarding the disposition and development of the former Concord Naval Weapons Station (CNWS) and either: (1) denying the request, or (2) granting an ENA extension until June 29, 2022, and directing staff to negotiate an ENA amendment for Council consideration on June 28, 2022.
CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378.
5. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to Senator Min RE: Oppose SB 881 (Min) - May 6, 2022 b. Letter to Assembly Member Holden RE: AB 2170 (Grayson): Residential real property: foreclosure sales - SUPPORT - May 9, 2022
6. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
7. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 6/7/2022 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 7 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.