1 COUNCILMEMBERS
Laura M. Hoffmeister, Mayor
Edi E. Birsan, Vice Mayor
Dominic D. Aliano
Laura M. Nakamura
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
January 24, 2023
5:30 p.m. - Closed Session
6:30 p.m. - Open Session
Closed Session:
City Council
Conference Room
1950 Parkside Drive
Open Session:
Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
NOTICE: The Closed Session portion of the meeting agenda will be held in person only in the City Council Conference Room, 1950 Parkside Drive. Public Comment for the Closed Session item will be taken in person only when the Closed Session begins at 5:30 p.m.
Members of the City Council, City staff/consultants, and the public will be able to participate in the Open Session either in- person and/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. 2 How to Watch the Meeting:
Watch on TV on Comcast Channel 28, Astound/Wave Channel 1026, and AT&T 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/84628695787?pwd=NFBuc1ZsZm5UV3Q2UlhmejMyUmdzQT09 oWebinar ID: 846 2869 5787
oPasscode: 110293
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. 3 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.
CLOSED SESSION
1. OPENING
Roll Call
2. PUBLIC COMMENT
The public is entitled to address the City Council on Closed Session items appearing on the agenda before the City Council’s consideration of the items. Each speaker will be limited to approximately three minutes per Closed Session agenda item. Please see “How to Submit Public Comments” above.
3. CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore
Employee organizations: Administrative, Technical & Clerical Representation Unit and Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856; Professional Representation Unit of OPEIU Local 29
4. RECESS TO OPEN SESSION
4 OPEN SESSION
5. OPENING
Roll Call
Pledge of Allegiance – Vice Mayor Birsan
6. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.
State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Submit Public Comments” above.
7. 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 a Professional Services Agreement with BKF Engineers in the not-to-exceed amount of $670,450 (base agreement of $609,500 plus Staff authority to spend up to a 10% contingency of $60,950) for design engineering and related services for Clayton Road Pavement Rehabilitation (Project No. 2609), on Clayton Road from Maynard Street to the City limits at the City of Clayton; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure V Funds). Recommended by the Director of Community Development.
CEQA: Not a project/exempt per Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15378 and/or 15061(b)(3). b. Considering – acceptance of the Annual Comprehensive Financial Report with the Independent Auditors' Report and Required Communications Letter for the Fiscal Year Ending June 30, 2022. Recommended by the Director of Finance.
CEQA: Not a project/exempt under Pursuant to Public Resources Code Section 21065, Guidelines Sections 15060, 15061, 15306, and/or 15378. c. Considering – the following:
1. Award of a construction contract in the amount of $1,539,953.50 to Bay Pacific Pipelines, Inc. for the Whitman Road Sanitary Sewer Improvements 5 Project (Project No. 2513) on Whitman Road from Oak Grove Road to Gaylord Place; authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.
2. Approval of a task order with Ghirardelli Associates in the amount of $231,087.33 (base agreement of $210,079.39 plus staff authority to spend up to a 10% contingency of $21,007.94) to provide construction management, inspection, and materials testing services for the Whitman Road Sanitary Sewer Improvements Project (Project No. 2513) on Whitman Road from Oak Grove Road to Gaylord Place; 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 per CEQA Guidelines Sections 15301, 15302, and 15304.
d. Considering – approval of an Agreement for Professional Services with Bellecci & Associates, Inc. in the not-to-exceed amount of $118,243.40 (base agreement of $107,494 plus staff authority to spend up to a 10% contingency of $10,749.40) to provide design engineering and related services for Alberta Way Pavement Rehabilitation (Project No. 2615) located on Alberta Way between Ygnacio Valley Road and Clayton Road; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.
For detailed locations see Attachment 1 to the staff report. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15262, and/or Public Resources Code Section 21065. e. Considering – adoption of a Resolution amending Resolution No. 22-77, A Resolution Establishing a Homeless Strategic Plan Working Group, by removing the Concord residency requirement for the business community representative. Recommended by the City Clerk.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262, and/or 15378.
8. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. 6 a. Considering – interview questions, interview applicants to fill four seats on the Homeless Strategic Plan Working Group, select and vote on the applicants, and appoint two Councilmembers to serve on the Working Group as Chair and Vice Chair. Recommended by the City Clerk.
9. CONTINUED PUBLIC COMMENT (IF NEEDED)
10. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
11. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
12. Council Reports
a. Considering appointing Councilmembers to represent the City Council on Council committees and regional bodies and boards of various external organizations of which the City is a member.
13. ADJOURNMENT
Next Meeting: Continued Special Meeting (continued from January 7, 2023) Date: 1/28/2023 9:00 AM
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.