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/City Council
Sitting as the Concord-
Pleasant Hill Health Care
District
Tuesday, June 28, 2022 6:00 p.m. - Closed Session 6:30 p.m. - Open Session
Closed Session: City
Council Conference
Room
1950 Parkside Drive
Open Session: Council
Chamber
1950 Parkside Drive
and Various
telephonic/electronic
locations
NOTICE: The Closed Session portion of the meeting agenda will be held in person only in the City Council Conference Room, 1950 Parkside Drive. Public Comment for the Closed Session item will be taken in person only when the Closed Session begins at 6 p.m.
Members of the City Council, City staff/consultants, and the public will be able to participate in the Open Session either in- person or remotely via Zoom.
2 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.
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/83444300216?pwd=dmZBSjVHWWNFaGg4aDVGTHFGc0hVQT09 oWebinar ID: 834 4430 0216
oPasscode: 753419
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 3 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.
4 CLOSED SESSION
1. OPENING
Roll Call
2. PUBLIC COMMENT
Please see “How to Submit Public Comments” above.
3. CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code)
Name of case: City of Long Beach, et al. v. Monsanto Company, United States District Court for the Central District of California, Case No. 2:16-cv- 03493-FMO-AS (class action).
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
(Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code)
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case.
4. RECESS TO OPEN SESSION
5. OPENING
Roll Call
Pledge of Allegiance – Councilmember Obringer
6. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.
State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Submit Public Comments” above.
7. ANNOUNCEMENTS
a. Announcing – a recruitment to fill an unscheduled vacancy on the Planning Commission for a term ending February 28, 2023; and setting a deadline of Friday, July 29, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk. Report by Joelle Fockler, City Clerk.
5 8. CITY COUNCIL/LOCAL REUSE AUTHORITY/CONCORD-PLEASANT HILL
HEATH CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council/LRA/CPHHCD on items appearing on the Consent Calendar before or during the City Council’s/LRA’s/CPHHCD’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council/LRA/CPHHCD, 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.
CITY COUNCIL/LRA/CPHHCD CONSENT CALENDAR
a. Considering – adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361. Recommended by the City Clerk.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.
LOCAL REUSE AUTHORITY CONSENT CALENDAR
b. Considering – the approval of 10 Professional Services Agreements (PSAs) for various consultant services for the Local Reuse Authority's (LRA) work related to the redevelopment of the former Concord Naval Weapons Station (CNWS) for a total not-to-exceed amount of $464,000; and authorizing the Executive Director of the LRA to execute the agreements in a form acceptable to the City Attorney. (Existing loans from the City to the LRA and/or Master Developer Deposit.) 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), and/or 15378.
CITY COUNCIL CONSENT CALENDAR
c. Considering – adoption of Ordinance No. 22-9 entitled, "An Ordinance Amending the Concord Municipal Code by Adding Chapter 19.50 "Residential Tenant Anti-Harassment Protection." Ordinance No. 22-9 was introduced on June 14, 2022, by reading of the title only and waiving further reading.
Recommended by the City Clerk.
CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15378 and/or Public Resources Code Section 21065.
6 d. Considering – the following for the Pothole and Base Repair #2, Port Chicago and Bates (Project No. 2556):
1. Award a construction contract in the amount $1,588,818 to Ghilotti Brothers, Inc., and authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 20% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney.
2. Approve Task Order #2 for MNS Engineers, Inc. in the not-to-exceed amount of $200,816 (base agreement of $182,560 plus staff authority to spend up to a 10% contingency of $18,256) 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.
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, 15305, Public Resources Code Section 21065, and/or 21080.19. e. Considering – the following:
1. Award of a Construction Contract in the amount of $180,390 to Ray’s Electric for Traffic Safety Around Schools [Project No. 2576], 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. Recommended by the Director of Community Development.
2. Approving a related budget transfer of $50,000 from the School Safety Assessment Program [Project No. 2539] (State HSIP Funds and Measure J) CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(2), 15061 (b)(3), 15273, 15282 (j), 15378, 15301, Public Resources Code Section 21065 and/or 21080.19.
f. Considering – acceptance of improvements for the Citywide Accessibility Improvements No. 8 [Project No. 2519] located at various locations on Argyll Avenue, Broadmoor Avenue, Mayfair Avenue, Richard Avenue, Eastgate Avenue, Courtland Drive, Westgate Avenue, Kay Avenue, and Edward Avenue; and directing the City Clerk to file a Notice of Completion.
Recommended by the Director of Community Development.
g. Considering – design approval of the Galindo Creek Restoration Project and authorizing the City Manager to execute a Park Maintenance Agreement with Macerich HHF Broadway Plaza, LLC. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Section 15333. 7 h. Considering – approval of a two-year agreement with an automatic renewal provision of successive three (3) year terms between the City of Concord and Contra Costa County for the provision of animal control services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Assistant City Manager. i. Considering – approval of various annual license and maintenance agreements for IT hardware and software in the total amount not to exceed $988,525 for the 2022-23 Fiscal Year; and authorizing the Director of Information Technology to execute agreements and supporting documents in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Information Technology.
j. Considering – approval of a Professional Services Agreement with Hope Solutions in the amount of $870,675 to administer the Rapid Rehousing for Unhoused Residents program funded through Permanent Local Housing Allocation (PLHA) Grant Funds for two years (July 1, 2022 through June 30, 2024), and authorizing 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 pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, and/or Public Resources Code Section 21065. k. Considering – adoption of a Resolution authorizing the City Manager to submit the City of Concord FY 2022/23 Action Plan to the U. S. Department of Housing and Urban Development (HUD) consistent with the program rules which govern the receipt and expenditure of Community Development Block Grant Funds (CDBG) allocated by HUD during Fiscal Year 2022/23.
Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065. l. Considering – the following for Willow Pass Road Signal Upgrade Project, Project No. 2538:
1. Award of a construction contract in the amount of $2,147,000 to St. Francis Electric, LLC; 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; and
2. Approval of an Agreement for Professional Services with Park Engineering, Inc. in the not-to-exceed amount of $177,627 (base agreement of $161,479.19 plus staff authority to spend up to a 10% contingency of $16,479.81) to provide construction management, inspection, and materials testing services; and authorizing the City Manager to execute the agreement 8 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, 15305, Public Resources Code Section 21065, and/or 21080.19. m. Considering – approval of a Professional Services Agreement with Swinerton Management & Consulting for the Citywide Traffic System Upgrade Project [Project No. 2493] in the not-to-exceed amount of $261,519 (base agreement of $237,745 plus staff authority to spend up to a 10% contingency of $23,774) for construction management and inspection services and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. (Federal HSIP, Gas Tax, OSIP, and Measure V Funds) Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and/or Public Resources Code Section 21065. n. Considering – award of purchase of two 2022 Tymco Model 600 street sweepers in the amount of $684,433.94 to Tymco Inc. (Annual Vehicle Replacement Fund) Recommended by the Director of Public Works. o. Considering – the appointment of Jill Finn to fill and unscheduled vacancy for a design professional on the Design Review Board for a term ending February 28, 2025. Recommended by the Council Committee on Housing and Economic Development.
p. Considering – the following actions:
(1) Adoption of a Resolution approving and ratifying a Letter of Agreement with the Concord Police Association amending Attachment A – Pay Schedule of the Memorandum of Understanding executed by the Director of Human Resources in her capacity as the City Manager's designee; and (2) Approval of appropriation of $1 million of Measure V ongoing revenue and $200,000 from the unallocated General Fund reserve in order to fund $1.2 million for Fiscal Year 2022-23. (General Fund and Measure V Fund) Recommended by the Director of Human Resources.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378(b)(4) , and/or 15378(b)(5).
q. Considering – authorizing the write-off of uncollectible accounts receivable in the amount of $46,468 Recommended by the Director of Finance. 9 9. CITY COUNCIL 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. a. Considering – adoption of a Resolution approving exception to the 180 day waiting period to hire a CalPERS retired annuitant in accordance with Government Code Sections 7522.56 and 21224. Report by Kevin Halm, Provisional Police Lieutenant.
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).
b. Receive – a presentation on options for addressing Unfunded Personnel Liabilities and consider providing direction to staff on next steps, if any, for developing funding plan(s) for addressing the City's unfunded personnel liabilities. Report by Karan Reid, Director of Finance.
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).
10. CITY COUNCIL PUBLIC HEARINGS
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 Submit Public Comments” above. a. Considering – a Resolution adopting the City of Concord’s Two-Year Capital Improvement Program (CIP) Budget for Fiscal Years (FY) 2022-2023 and 2023-2024 and Five-Year Capital Improvement Plan FY2022-2027. Report by Kevin Marstall, Director of Community Development.
CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, and/or 15378. 10 b. Considering – the following:
1. Adoption of a Resolution amending the Fiscal Year 2022-23 Municipal Budget.
2. Approval of a sixth amendment and direction to the City Manager to execute the Amendment to a Professional Services Agreement with Contra Costa County Health Services, Agreement No. 5606, in an amount not to exceed $400,000, and extending the existing contract through June 30, 2023 to continue the Coordinated Outreach Referral and Engagement (CORE) program in Concord with two full-time CORE staff members and the full-time Masters Level Social Worker, with an option for the City Manager to extend the contract for up to two additional one year periods in a form acceptable to the City Attorney.
3. Direction to the City Manager to enter into an Interagency Agreement Contract Extension with Contra Costa County Health Services, Agreement No. 28-95 in substantially the form attached hereto, in an amount not to exceed $260,000, to continue the Concord Mental Health Evaluation Team (MHET) that will work full-time within the Concord City limits, and grant authority to the City Manager to extend the Interagency Agreement for two additional one year terms in a form acceptable to the City Attorney.
4. Adoption of a Resolution Adopting the City of Concord’s Salary Schedule Effective July 11, 2022 in Accordance with the Requirements of California Public Employees Retirement System (CalPERS) for a Publicly Available Pay Schedule.
5. Adoption of a Resolution establishing the Appropriation Limit for the City of Concord for Fiscal Year 2022-23, pursuant to California Constitution Article XIII B. Report by Donna Lee, Budget and Treasury Officer.
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).
11. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
11 Council Reports
a Considering – the formation of a Council Ad Hoc Committee to participate and assist in the term sheet discussions between the City of Concord Local Reuse Authority (LRA) and Concord First Partners, LLC (CFP) as the draft term sheet is prepared and ultimately presented to the City Council. Additionally, the Committee will support staff and CPF in state and federal outreach taken to fulfill the goals and objectives of the term sheet, including identifying funding sources.
The ad-hoc will cease to exist on June 27, 2023, unless disbanded sooner. Report by Mayor Aliano.
12. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to Senators Umberg and Eggman in support of Senate Bill 1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program dated June 9, 2022
13. ADJOURNMENT
The City Council does not meet in July.
Next Meeting: Regular Meeting
Date: August 9, /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 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.