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/City
Council Sitting as the
Local Reuse Authority
Tuesday,
April 4, 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
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/82911654346?pwd=b0dpTkJSMzN5Yjljd3lSc2pIOHFZdz 09 or Zoom Webinar ID: 829 1165 4346 and Passcode: 538590 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 – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 Pledge of Allegiance – Councilmember Obringer
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.
3. PRESENTATIONS
a. Presentation – to Bill Bobetsky, Concord Rotary, proclaiming April 8, 2023, as "Arbor Day" in the City of Concord. Presentation by Mayor Hoffmeister.
4. CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA) 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.
CITY COUNCIL CONSENT CALENDAR
a. Considering – approval of the minutes from the January 24, 2023 meeting.
Recommended by the City Clerk.
b. Considering – adoption of a Resolution approving the request of the City of Pleasant Hill to allow Sunvalley Mall and certain other City of Concord commercial properties to be included in Pleasant Hill Landscaping and Lighting Assessment District #20, Commercial Area Landscaping and Lighting. (No fiscal impact) Recommended by the Director of Public Works.
CEQA: Not a project and/or exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15378, and/or 15061(b)(3). c. Considering – appointment of applicants Carlos Balladares and Janice Cameron to the Concord Commission on Aging for the remainder of four-year terms ending June 30, 2025; Stephen Sticka to the Concord Community 4 Services Commission for the remainder of a four-year term ending June 30, 2025; Lance Ledrew to the Concord Pavilion Community Outreach Committee for the remainder of a four-year term ending February 28, 2025; and Angie Rajczyk and Merrillin Ruiz to the Concord Pavilion Community Outreach Committee for four-year terms ending February 28, 2027, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Aliano/Nakamura). Recommended by the City Clerk. d. Considering – the following:
1. Approval of a Professional Services Agreement with Bellecci & Associates, Inc. in the not-to-exceed amount of $846,261.90 (base agreement of $769,329 plus Staff authority to spend up to a 10% contingency of $76,932.90) for design engineering and related services for Galindo Street / Monument Boulevard Pavement Rehabilitation (Project No. 2452), on Galindo Street from Salvio Street to Cowell Road, and on Monument Boulevard from Cowell Road to Detroit Avenue; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney (OBAG 3 Grant, Measure V Funds, Measure Q Funds, and State Gas Tax Funds).
2. Approval of a budget transfer in the total amount of $400,000 to Galindo Street / Monument Boulevard Pavement Rehabilitation (Project No. 2452) from Monument Boulevard Pavement Rehabilitation (Project No. 2581), Fund 407. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15273, 15378, and/or 15061(b)(3). e. Considering – the following for the Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559) on Treat Boulevard, from Walnut Creek city limits to San Miguel Road:
1. Award of a construction contract in the amount of $7,113,715 to Bay Cities Paving & Grading, Inc. for the Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 5% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.
2. Approval of a Professional Services Agreement with MNS Engineers, Inc., in the not-to-exceed amount of $766,024.24 (base agreement of $696,385.67 plus staff authority to spend up to a 10% contingency of $69,638.57) to provide construction management, inspection, and materials testing services for the Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.
5 3. Approval of a budget transfer in the total amount of $2,600,000 to the Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559) from Pavement Maintenance Zone 1E & 1F (PJ 2618, Fund 407).
4. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2559 (Phase 1), and directing the City Clerk to file a Notice of Completion. 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.
f. Considering – certification of the final Measure J Calendar Years 2020 and 2021 Growth Management Program Compliance Checklist for receipt of Fiscal Years 2021-22 and 2022-23 Local Street Maintenance and Improvement Funds and authorizing the Mayor to sign the Compliance Checklist. Recommended by the Deputy Director of Public Works – Transportation.
CEQA: Not a project/exempt per Public Resources Code Section 21065, CEQA Guidelines Sections 15061(b)(3), 15273, and/or 15378.
CITY COUNCIL/LOCAL REUSE AUTHORITY CONSENT CALENDAR
g. Considering – an amendment to the Professional Services Agreement with ALH Urban & Regional Economics in the amount of $30,000 for work drafting a new Request for Qualifications with associated documents for future Master Developer Selection establishing a new total not-to-exceed amount of $70,000; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (Original contract $40,000 from Exclusive Negotiating Agreement (ENA) deposit to the LRA by Concord First Partners, LLC; this amendment $30,000 from LRA Loan Reserve (General Fund). Recommended by the Director of Economic Development and Base Reuse.
CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273,and/or 15378. h. Considering – an amendment to the contract with Guardian Security Agency in the amount of $30,000 for increased services and coverage; establishing a new not-to-exceed amount of $269,000; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (Funding will be provided by GoMentum Station, and the LRA Loan Reserve (General Fund.)) Recommended by the Director of Economic Development and Base Reuse.
6 CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, and/or 15378. i. Considering – an amendment to the Professional Services Agreement (PSA) with Burke, Williams & Sorenson, LLP in the amount of $116,128.70 for work completed in drafting the Term Sheet related to the Master Developer Selection process at the former Concord Naval Weapons Station and work to draft a new Request for Qualifications with associated documents for future Master Developer Selection establishing a new total not-to-exceed amount of $176,128.70; and authorizing the City Attorney to execute the amendment. (Original contract $60,000 from Exclusive Negotiating Agreement (ENA) Deposit to the LRA by Concord First Partners, LLC; this amendment $66,128.70 from ENA Deposit and $50,000 LRA Loan Reserve (General Fund). Recommended by the Director of Economic Development and Base Reuse.
CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273,and/or 15378.
5. 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 Participate” above.
a. Considering – the following:
1. Adoption of a Resolution Amending the Fiscal Year 2022-23 Municipal Budget.
2. Adoption of a Resolution Adopting the City of Concord’s Salary Schedule Effective January 9, 2023, in Accordance with the Requirements of California Public Employees Retirement System (CalPERS) for a Publicly Available Pay Schedule.
3. Adoption of a Resolution Authorizing the City Manager to Over-hire Critical Budgeted Positions.
4. Approve New Payroll Technician I and Payroll Technician II Classifications.
Report by Donna Lee, Budget and Treasury Officer.
CEQA: Not a project/exempt per Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c)(2), 15060(c)(3), 15273, 15378, 15061(b)(2), 15061(b)(3) and/or 15378(b)(4).
6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
7. REPORTS AND ANNOUNCEMENTS
7 Closed Session Announcements
City Manager or Staff Reports
Council Reports
a. Report out by Councilmember Aliano on the National League of Cities Congressional City Conference held March 26-28, 2023.
b. Report out by Councilmember Obringer on the National League of Cities Congressional City Conference held March 26-28, 2023.
9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 4/11/2023 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.