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,
March 28, 2023
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED MARCH 2, 2023
City Councilmembers will be participating from the Council Chamber. Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.
As a courtesy and technology permitting, members of the public may continue to provide live remote oral public comment via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.
HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.
Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.
2 2. REMOTE:
a. Zoom:
https://cityofconcord.zoom.us/j/82893243532?pwd=YVlWcjZ3UEltbWNjdFptczR6NUd4d z09 or Zoom Webinar ID: 828 9324 3532 and Passcode: 193177 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).
3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:
1. distributed to the Council before the meeting,
2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and
3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.
4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channel 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watching Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 OPEN SESSION
1. OPENING
Roll Call
Pledge of Allegiance – Councilmember Nakamura
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 Participate” above.
a. Written Public Comment
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 Participate” above. a. Receiving – the Treasurer's Report for the period October 1 - December 31, 2022. Recommended by the City Treasurer.
b. Considering – approval of a Professional Services Agreement with Bellecci & Associates in the not-to-exceed amount of $735,344 (base agreement of $612,787 plus staff authority to spend up to $122,557) for design engineering and related services for Monument Boulevard Pavement Rehabilitation (Project No. 2581) on Monument Boulevard from Detroit Avenue to City limits; and authorizing 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)(2), 15378 and/or 15061(b)(3).
c. Considering – the adoption of a Resolution authorizing the submittal and reimbursement of applications for CalRecycle rubberized pavement grants over the next five years; authorizing joint application submittals; and authorizing the City Engineer to revise the list of participants in joint projects and negotiate and execute documents related to requests for and/or 4 acceptance of CalRecycle funds. Recommended by the Director of Community Development.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. d. Considering – the following for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512):
1. Authorizing City staff to utilize up to 12% contingency (increase from 5% contingency of $192,137.08 to 12% contingency of $461,128.98) on the existing construction contract with Ghilotti Bros, Inc. for contract change orders that become necessary to complete the project.
2. Authorizing City staff to utilize up to 15% contingency (increase from 5% contingency of $15,039.45 to 15% contingency of $45,131.87 ) on the existing Professional Services Agreement (PSA) with UNICO Engineering, to provide additional construction management and inspection services to complete the project; and authorizing the City Manager to execute a contract amendment in a form acceptable to the City Attorney.
3. Approval of budget transfers in the total amount of $299,079.82 to the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512), including $253,947.55 from PJ 2443 (Pavement Maintenance Zone 3, Fund 401); and $45,132.27, from PJ 2521 (Full Trash Capture Devices #4, Fund 270). Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15301, 15302, and 15304.
e. Considering – acceptance of the 2022 General Plan Annual Progress Report for submission to the Governor's Office of Planning and Research and the California Department of Housing and Community Development (HCD).
Recommended by the Director of Community Development.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3),15306, and/or 15378.
f. Considering – the following for the Citywide Protected Left-Turn Phasing Project (Project No. 2575) constructing traffic signalization upgrades, left-turn phasing, and ADA ramps as needed at 8 intersections throughout the City:
1. Award of a construction contract in the amount of $1,011,000 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;
5 2. Approval of an Agreement for Professional Services with Zoon Engineering in the not-to-exceed amount of $149,822.70 (base agreement of $136,202.45 plus staff authority to spend up to a 10% contingency of $13,620.25) to provide construction management, material testing, and related services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney; and
3. Approval of a related budget transfer of $186,241.47 (Measure Q Projects Fund 401) from Denkinger Road Pavement Rehabilitation (Project No. 2459) and $150,000 (2021 Debt Issuance Measure V Fund 407) from Replace Controller/Cabinet/VDS at Signalized Intersection (Project No. 2462) to Citywide Protected Left-Turn Phasing Project (Project No. 2575).
Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
g. Considering – adoption of a Resolution adopting the City of Concord’s Hazard Mitigation Plan 2023 Update. Recommended by the Director of Community Development.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. Any project action identified in this plan will seek full CEQA compliance upon implementation.
h. Considering – appointment of applicants Luz E. Palomera Sierra and Mike Tiktinsky to the Concord/Pleasant Hill Health Care District Grant Committee for the remainder of four-year terms ending June 30, 2023, and Evangeline Ward to the Concord/Pleasant Hill Health Care District Grant Committee for the remainder of a four-year term ending June 30, 2025, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Aliano/Nakamura). Recommended by the City Clerk. i. Considering – the following:
1. Making findings as required by Section 5103 of the Public Contracts Act regarding an inadvertent error in Stronger Building Services bid, and relieve Stronger Building Services of their bid.
2. Award of a construction contract in the total amount of $4,261,838 to the second low bidder, ERC Roofing & Waterproofing, for the Civic Center Roof and Benches Replacement Project (Project Nos. 2429 and 2565), utilizing the alternate bid total which includes synthetic wood shake shingles in lieu of asphalt composition shingles; authorizing staff to utilize the available project contingency for contract change orders that become necessary up to 10% of 6 the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.
3. Approval of a Professional Services Agreement with Swinerton in the not- to-exceed amount of $292,230.40 (base agreement of $265,664 plus staff authority to spend up to a 10% contingency of $26,566.40) to provide construction management and inspection services for the Civic Center Roof and Benches Replacement Project (Project Nos. 2429 and 2565); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.
4. Approval of a budget transfer in the amount of $80,000 to the Civic Center Roof Replacement Project (City Project No. 2429) from the Civic Center Wooden Benches Project (City Project No. 2565, Fund 407 – Measure V Funds).
5. Approval of a transfer of $2.15 million of one-time Fiscal Year 2021-22 Measure V residual funds to the Civic Center Roof Replacement Project (City Project No. 2429).
6. Make CEQA determinations as provided in this report. (Funded by Measure Q, Measure V and Building Maintenance Funds) 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, 15378, 15301, 15302, 15304 and/or Public Resources Code Section 21065.
4. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
5. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
6. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 4/4/2023 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, 7 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.