1 2ND AMENDED AGENDA
Changes in redline/strikeout font and highlighted -
redline/strikeout font: Closed Session Zoom Option Added
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/City Council
Sitting as the Concord-
Pleasant Hill Health Care
District
Tuesday,
February 7, 2023
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/or Various
telephonic/electronic
locations
NOTICE: The Closed Session portion of the meeting agenda will be held via Zoom and in person only in the City Council Conference Room, 1950 Parkside Drive. Members of the public may not participate in the Closed Session; however, public Comment for the Closed Session item will be taken via Zoom and in person only when the Closed Session begins at 6:00 p.m. Join the Zoom webinar for Closed Session public comment by following THIS LINK
2 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.
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. 3 From a PC, Mac, iPad, iPhone or Android:
https://cityofconcord.zoom.us/j/83691583708?pwd=cFY2VGxLNDREZU5kVXR4UGhRc0RnZz09 oWebinar ID: 836 9158 3708
oPasscode: 972791
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.
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 LEGAL COUNSEL - ANTICIPATED LITIGATION.
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: One potential case.
4. RECESS TO OPEN SESSION
4 OPEN SESSION
5. OPENING
Roll Call
Pledge of Allegiance – Councilmember Aliano
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. a. Written Public Comment
7. CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/CONCORD-PLEASANT HILL
HEALTH 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 CONSENT CALENDAR
a. Considering – approval of the minutes from the January 7 and 10, 2023, meetings. Recommended by the City Clerk.
b. Considering – approval of a Professional Services Agreement with Bellecci & Associates in the not-to-exceed amount of $929,271.20 (base agreement of $844,792.00 plus Staff authority to spend up to $84,479.20) for design engineering and related services for the following four projects in Residential Pavement Maintenance Phase E; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure V Funds):
1. Pavement Maintenance Zones 2H & 2Q (Project No. 2611). Zone 2Q is located to the east of Monte Gardens Elementary School between Willow Pass Road and Beechwood Drive. Zone 2H is located south of Concord Boulevard between West Street and Clayton Way.
2. Pavement Maintenance Zone 4L (Project No. 2613) located south of Concord Community Park, between Ridge Park Drive and St Francis Drive.
3. Pavement Maintenance Zones 5M, 5H, and Port Chicago Highway (Project No. 2621). Zone 5M and 5H are located east of Port Chicago Highway 5 between East Olivera Road and Erie Drive. The portion of Port Chicago in this project is between East Olivera Road and Concord Blvd.
4. Pavement Maintenance Zone 2O (Project No. 2624) located south of Monte Gardens Elementary School between Los Flores Avenue and Concord Boulevard. Recommended by the Director of Community Development.
CEQA: Does not constitute a "project" under CEQA Guidelines 15060(c)(2) and 15378; in the alternative, is exempt pursuant to Section 15061(b)(3). c. Considering – letter of support for SB X1-2 (Oil Price Gouging Penalty).
Recommended by the Assistant City Manager.
d. Considering – the following for Clayton Road Traffic Operation Improvements - Phase 2 (Project No. 2579) constructing interconnected fiber- optic cabling on Clayton Road between Galindo Street and Washington Boulevard:
(1) Award of a construction contract in the amount of $4,036,910.00 to Gruendl Inc. DBA Ray’s Electric; authorizing staff to utilize the available project contingency for contract change orders that become necessary up to the 10% of the contract amount; and authorizing 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 in the not-to-exceed amount of $474,182.50 (base agreement of $431,075 plus staff authority to spend up to a 10% contingency of $43,107.50) to provide construction management, material testing, and related services; and authorizing the City Manager to execute the agreements, in a form acceptable to the City Attorney;
(3) Approval of a related budget transfer of $1,100,000 (2021 Debt Issuance Measure V Funds) from Clayton Road Pavement Rehabilitation Project (Project No. 2609), $612,500 (2021 Debt Issuance Measure V Funds) from Innovative Transportation Program (Project No. 2573), and $200,000 (2021 Debt Issuance Measure V Funds) from Replace Controller/Cabinet/VDS at Signalized Intersection (Project No. 2462) to Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579); and
(4) Approval of an amendment to the contract with DC Electric Group Inc., for On-Call Traffic Signal and Streetlight Repair Services – RFP No. 2442 increasing total compensation by $300,000 for a total not to exceed amount of $500,000; and authorizing the City Manager to execute the amendment, in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections15060(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.
6 e. Considering – approval of a Professional Services Agreement with Consor North America, Inc. in the not-to-exceed amount of $363,312.48 (base agreement of $330,284.07 plus Staff authority to spend up to a 10% contingency of $33,028.41) to provide construction management, inspection, and materials testing services for Meadow Lane/Market Street Paving (Project No. 2582), on Meadow Lane from Monument Boulevard to Market Street, and on Market Street from Meadow Lane to Willow Pass Road; 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 CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and/or Public Resources Code Section 21065.
CITY COUNCIL/LOCAL REUSE AUTHORITY/CONCORD-PLEASANT HILL HEALTH CARE
DISTRICT CONSENT CALENDAR
f. 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.
8. 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 accepting the Concord Tourism Improvement Business District's 2022-2023 Annual Report. Report by Lisa Potvin, Downtown Program Manager.
CEQA: Not a project under CEQA Guidelines Sections 15060(c), 15378 and/or Public Resources Code Section 21065.
b. Considering – a recommendation from the Council Committee on Housing and Economic Development to adopt a Resolution allocating $500,000 of one-time American Rescue Plan Act funds for special events as an economic development stimulus.
The special events include: one-time support to the 50th Anniversary of the sister city relationship with Kitakami, Japan; sound operator services for 7 Music & Market and other special events for two years; support two years of Festival Latino; and support two years of July 4 festivities. Report by Justin Ezell, Assistant City Manager.
CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065. c. Considering – a Resolution appropriating $6.5 million of one-time American Rescue Plan Act funds for City projects and authorizing certain actions related to use of the funds.
Projects include: New Trash Receptacles in the Downtown; Expanded Wi-Fi at Camp Concord; Downtown Concord Welcome & Cleanliness Program in Partnership with the Todos Santos Business Association – 2-year Pilot; Recreation Services Financial Assistance for Families in Need Program – 2- year Pilot; Civic Center Stormwater Cleaning (Greening) Project; Information Technology Department and Police Department – Continuation and Enhancement of Safety, Evidentiary, and Accountability Tools (e.g. body worn cameras, in-vehicle cameras, interview room cameras, camera/video auditing software and transcription, evidentiary cloud storage, related software and hardware, Tasers and associated equipment, and installation and maintenance)PD Safety, Evidentiary, and Accountability Tools; Cameras and Lighting at Public Works and City Recreation Facilities; Overnight Summer Camp Experience for At-Risk Youth – 2-year Pilot; Meadow Lane and Market Street Paving Project; Police Department Rescue Van; and Safety, Security, and Cleanliness of City-Owned Parking Garages. Report by Justin Ezell, Assistant City Manager.
CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065. d. Considering – selection of applicants to interview for the Homeless Strategic Plan Working Group for the Concord Resident and Property Owner, Mental Health Professional, Substance Abuse Professional, and Business Community representatives; and/or consider extending recruitment periods for one or all of the foregoing categories and changing applicable interview date(s). Report by Joelle Fockler, 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
8 City Manager or Staff Reports
Council Reports
12. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 2/14/2023 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.