REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MARCH 28, 2023
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, March 28, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Nakamura.
Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Nakamura, Laura Hoffmeister COUNCILMEMBERS ABSENT: Dominic Aliano, Carlyn Obringer
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Karan Reid, Director of Finance; Carlton
Thompson, City Engineer; Bernard Enrile, CIP Manager; Aldrich Bautista, Associate Civil Engineer; Justin Bosch, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer; Aaron Sage, Principal Planner; Trish Beirne, Emergency & Volunteer Services Manager; Himmat Bains, Senior Financial Analyst
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Edward James DiSibio; April O’Neil
PUBLIC COMMENT PERIOD
Edward James DiSibio stated he was discriminated against by Concord and Live Nation staff and spoke of a miscommunication he recently had with Live Nation.
April O’Neil spoke about a serial rapist in Concord.
CITY COUNCIL CONSENT CALENDAR
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
TREASURER’S REPORT – October 1 – December 31, 2022
A motion was made by Birsan and seconded by Nakamura to receive the Treasurer’s Report for the period October 1 – December 31, 2022. The motion passed by the following vote:
AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Bellecci & Associates A motion was made by Birsan and seconded by Nakamura to approve a Professional Services Agreement with Bellecci & Associates in the not-to-exceed amount of $735,344 (base agreement of City Council Minutes March 28, 2023
2 $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 authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by the following vote:
AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer ADOPTION OF RESOLUTION NO. 23-20 – CalRecycle rubberized pavement grants A motion was made by Birsan and seconded by Nakamura to adopt Resolution No. 23-20 entitled, “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 Request for and/or Acceptance of CalRecycle Funds.” The motion passed by the following vote:
AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer AUTHORIZING STAFF TO UTILIZE CONTINGENCIES AND APPROVAL OF BUDGET TRANSFERS – Hillcrest Park Regional Green Infrastructure Project (Project No. 2512) A motion was made by Birsan and seconded by Nakamura to:
1. Authorize 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. Authorize 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 authorize the City Manager to execute a contract amendment in a form acceptable to the City Attorney; and
3. Approve 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).
The motion passed by the following vote:
AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer ACCEPTANCE OF THE 2022 GENERAL PLAN ANNUAL PROGRESS REPORT – Governor’s Office of Planning and Research and the California Department of Housing and Community Development (HCD) A motion was made by Birsan and seconded by Nakamura to accept 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). The motion passed by the following vote:
AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer City Council Minutes March 28, 2023
3 AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT, AND APPROVAL OF A RELATED BUDGET TRANSFER – Citywide Protected Left-Turn Phasing Project (Project No. 2575)
A motion was made by Birsan and seconded by Nakamura to:
1. Award a construction contract in the amount of $1,011,000 to St. Francis Electric, LLC.; authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;
2. Approve 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 authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and
3. Approve 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).
The motion passed by the following vote:
AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer ADOPTION OF RESOLUTION NO. 23-21 – City of Concord Hazard Mitigation Plan 2023 Update A motion was made by Birsan and seconded by Nakamura to adopt Resolution No. 23-21 entitled, “A Resolution Adopting the City of Concord’s Hazard Mitigation Plan 2023 Update.” The motion passed by the following vote:
AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer
APPOINTMENT OF APPLICANTS TO THE CONCORD/PLEASANT HILL HEALTH CARE DISTRICT
GRANT COMMITTEE
A motion was made by Birsan and seconded by Nakamura to appoint 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). The motion passed by the following vote:
AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer
MAKE FINDINGS AS REQUIRED BY PUBLIC CONTRACTS ACT, AWARD OF A CONSTRUCTION
CONTRACT, APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT, APPROVAL OF A BUDGET TRANSFER, APPROVAL OF ONE-TIME $2.15 MILLION TRANSFER, AND MAKE CEQA DETERMINATIONS – Civic Center Roof and Benches Replacement Project (Project Nos. 2429 and 2565)
A motion was made by Birsan and seconded by Nakamura to:
1. Make 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;
City Council Minutes March 28, 2023
4 2. Award 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; authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;
3. Approve 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 authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;
4. Approve 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. Approve 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); and
6. Make CEQA determinations as provided in the staff report.
The motion passed by the following vote:
AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer
CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
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 March 28, 2023, at 6:46 p.m. in memory of David Pitman.
/s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK