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Minutes

Concord City Council
November 8, 2022

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Minutes
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November 8, 2022
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Concord City Council
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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

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, NOVEMBER 8, 2022
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, November 8, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember Birsan. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Patti Barsotti, City Treasurer; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Greg Taylor, Director of Information Technology; Stefanie Ananthan, Deputy City Clerk; Kevin Marstall, Director of Community Development; Ryan Pursley, Chief Building Official

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Natalie

PUBLIC COMMENT PERIOD
Natalie mentioned an interview on YouTube where one of the Councilmembers commented on the viciousness of public comment speakers, and stated her disagreement with the Councilmember’s comments.

ANNOUNCEMENT

RECRUITMENT FOR CONCORD-PLEASANT HILL HEALTH CARE DISTRICT GRANT COMMITTEE City Clerk Joelle Fockler announced a recruitment for the Concord-Pleasant Hill Health Care District Grant Committee to fill an unscheduled vacancy for a term ending June 30, 2023, a vacancy for a term ending June 30, 2023, and a vacancy for a term ending June 30, 2025; and setting a deadline of Friday, December 16, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

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

PRESENTATION
PROCLAMATION – Rainbow Community Center
City Council Minutes November 8, 2022
2 Mayor Aliano presented Rainbow Community Center a proclamation declaring November 20, 2022, as “Transgender Day of Remembrance” in the City of Concord.

Following comments from the City Council, Mayor Aliano opened a public comment period.

Natalie stated that transgender people are being targeted by Christian nationalist groups.

Mayor Aliano closed the public comment period.

CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/ CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT (CPHHCD) CONSENT CALENDAR

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

CITY COUNCIL CONSENT CALENDAR
APPROVAL OF MINUTES – August 23 and September 6, 13, 19, and 20, 2022 A motion was made by Obringer and seconded by McGallian to approve the minutes from the meetings on August 23 and September 6, 13, 19, and 20, 2022. The motion passed by unanimous vote of the Council.

ADOPTION OF ORDINANCE NO. 22-12 – Single-Use Foodware Accessories and Condiments A motion was made by Obringer and seconded by McGallian to adopt Ordinance No. 22-12, entitled “An Ordinance of the City Council of the City of Concord Adding Chapter 8.18 (Single-Use Foodware Accessories and Condiments) to Title 8 (Health and Safety) of the Concord Municipal Code Adopting by Reference Chapter 5.2 (Commencing with Section 42270) of Part 3 of Division 30 of the California Public Resources Code Prohibiting a Food Facility from Providing any Single-Use Foodware Accessory or Standard Condiment Unless Requested by Consumer and Authorizing City and County Enforcement and Penalties." Ordinance No. 22-12 was introduced on October 25, 2022, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

INTRODUCTION OF ORDINANCE NO. 22-13 – Amending the Concord Municipal Code Title 15 (Building and Building Regulations)
This item was pulled from consideration on the Consent Calendar by Councilmember Hoffmeister so the ordinance title could be read.

A motion was made by Hoffmeister and seconded by McGallian to introduce Ordinance No. 22-13 entitled, “An Ordinance Amending Concord Municipal Code Title 15 (Buildings and Building Regulations) to include the 2022 California Building Standards Code and the 2021 Uniform Swimming Pool, Spa and Hot Tub Code and Ratifying the Amendments to the 2022 California Fire Code contained in the Contra Costa County Ordinance No. 2022-34” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

ACCEPTANCE OF IMPROVEMENTS – Traffic Safety Around Schools, Project No. 2576 A motion was made by Obringer and seconded by McGallian to accept improvements for the Traffic Safety Around Schools, Project No. 2576, located at Salvio Street and Date Street, Concord Boulevard and West Street, Ronald Way at Holbrook Language Academy, and East Olivera Road Trail Crossing; and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

City Council Minutes November 8, 2022
3 APPROVAL OF AGREEMENTS FOR PROFESSIONAL SERVICES – Residential Pavement Maintenance – Phase B
A motion was made by Obringer and seconded by McGallian to:

1. Approve an agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $286,118.80 (base agreement of $260,108.00 plus staff authority to spend up to a 10% contingency of $26,010.80) to provide design engineering and related services for Pavement Maintenance - Zone 4O (Project No. 2607) located in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

2. Approve an agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $405,925.30 (base agreement of $369,023.00 plus staff authority to spend up to a 10% contingency of $36,902.30) to provide design engineering and related services for Pavement Maintenance - Zones 5C & 5D (Project No. 2608) located in North Concord, immediately south of Highway 4, including Peralta Road, Northwood Drive, and between Highway 242 and Hillsborough Drive; 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.

APPROVAL OF AGREEMENTS FOR PROFESSIONAL SERVICES – Residential Pavement Maintenance – Phase C
A motion was made by Obringer and seconded by McGallian to:

1. Approve an agreement for Professional Services with HDR Engineering Inc. in the not-to- exceed amount of $320,817.20 (base agreement of $291,652 plus staff authority to spend up to a 10% contingency of $29,165.20) to provide design engineering and related services for Pavement Maintenance - Zone 1G and Ayers Road (Project No. 2606) located between Clayton Road and Concord Boulevard and between Heather Drive/Mt.

Diablo Creek and Ayers Road; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

2. Approve an agreement for Professional Services with HDR Engineering Inc. in the not-to- exceed amount of $472,972.50 (base agreement of $429,975 plus staff authority to spend up to a 10% contingency of $42,997.50) to provide design engineering and related services for Pavement Maintenance - Zones 1E & 1F and Concord Boulevard (Project No. 2618) located between Ayers Road and Kirker Pass Road and between Myrtle Drive and Mt. Diablo Creek; 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.

City Council Minutes November 8, 2022
4 CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/ CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT (CPHHCD) CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-67, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-45, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-037 – Continue Meetings Remotely, AB 361
A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-67, Local Reuse Authority Resolution No. 22-45, and Concord/Pleasant Hill Health Care District Resolution No. 22-037 entitled, “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, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by unanimous vote of the Council.

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 November 8, 2022, at 6:49 p.m. /s/

DOMINIC ALIANO
MAYOR
/s/

JOELLE FOCKLER, MMC

CITY CLERK

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