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,
May 23, 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 MAY 18, 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. 2 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. REMOTE:
a. Zoom:
https://cityofconcord.zoom.us/j/82775027819?pwd=ekxIVjI4SnJ3VFZWNnI3MW0xY0FZ Zz09 or Zoom Webinar ID: 827 7502 7819 and Passcode: 386732 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 Aliano
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 Lisa Dell'Anno and Shannon Reif, Moms Demand Action for Gun Sense in America, declaring June 2, 2023, as "National Gun Violence Awareness Day" in the City of Concord. Presentation by Mayor Hoffmeister.
b. Presentation – by Mike Brandy and Gary Parkhurst, Mt. Diablo Interpretive Association, on the Mt. Diablo Education Center at Mitchell Canyon.
Introduction by Mayor Hoffmeister.
4. ANNOUNCEMENT
a. Announcing – a recruitment to fill five (5) positions for four-year terms ending February 28, 2027, and two (2) alternate positions for four-year terms ending February 28, 2027, on the Board of Appeals; and setting a deadline of Friday, June 23, 2023, at 5 p.m. as the deadline for receipt of applications by the City Clerk. Recommended by the City Clerk.
5. 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. 4 CITY COUNCIL CONSENT CALENDAR
a. Considering – approval of the minutes from the April 11, 2023, meeting.
Recommended by the City Clerk.
b. Considering – the following for the Residential Pavement, Phase A Project (Project Nos. 2516, 2517, 2561, 2562, & 2563) located in Pavement Maintenance – Zone 1B (Neighborhood South of the Pavilion, East of Kirker Pass Road), Pavement Maintenance – Zone 2B & 2E (Neighborhoods North of Concord Boulevard, West of Bailey Road, and East of Concord High School), Pavement Maintenance – Zone 3B (Neighborhood West of Oak Grove Rd, South of Woodside Elementary, and East of Citrus Ave), Pavement Maintenance – Zone 4Q (Neighborhoods West of Detroit Avenue, South of Oakmead Drive and Cowell Road, North of Monument and Systron Drive), and Pavement Maintenance – Zone 5L (Neighborhood near Mount Diablo High School, East of Grant and East Street, and North of Bonifacio Street):
1. Award of a construction contract in the amount $7,998,776 to McGuire Hester, Inc.; 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.
2. Approval of a Professional Services Agreement with Swinerton Management and Consulting, Inc. in the not-to-exceed amount of $830,144 (base agreement of $754,676 plus staff authority to spend up to a 10% contingency of $75,468) to provide construction management, inspection, and materials testing; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.
3. Authorizing the City Engineer to accept the improvements upon completion of Project Nos. 2516, 2517, 2561, 2562, & 2563, and directing the City Clerk to file a Notice of Completion.
Funded by Measure V (407, & 490), Measure J (Funds 475 & 485), and State Gas Tax SB1 (Fund 266). 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, 15303, 15304, and/or Public Resources Code Section 21065.
c. Considering – the following for the Kirker Pass Road Sanitary Sewer Repair Project (Project No. 2536) located on Kirker Pass Road near the intersection of Clayton Road:
1. Award of a construction contract in the amount $293,251 to APB General Engineering, Inc.; authorizing Staff to utilize the available project contingency 5 for contract change orders that become necessary up to 20% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.
2. Approval of Task Order #3 with MNS Engineers, Inc. in the not-to-exceed amount of $46,594 (base agreement of $42,358 plus staff authority to spend up to a 10% contingency of $4,236) to provide construction management, inspection, and materials testing; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.
3. Approval of a budget transfer in the amount of $380,000 from the Sanitary Sewer Operating Fund (Fund 710).
4. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2536, and directing the City Clerk to file a Notice of Completion.
Funded by Sanitary Sewer Operating Fund (Fund 710). 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.
d. Considering – approval of Task Order #11 with Diablo Engineering Group of Walnut Creek, California, in the not-to-exceed amount of $109,820.95 (base agreement of $99,864.50 plus Staff authority to spend up to a 10% contingency of $9,956.45) to provide design and related services for Concord Community Pool Family Changing Room (Project No. 2643), located at the Concord Community Park off of Cowell Road; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney (Parkland Dedication Area A). 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).
e. Considering – the following:
1. Approval of a task order with Dewberry Engineers Inc. in the not-to-exceed amount of $216,990.40 (base agreement of $197,264 plus staff authority to spend up to a 10% contingency of $19,726.40) to provide construction management, inspection, and materials testing services for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527), located on up to six (6) miles of arterial and collector streets throughout the City, and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662), located at the City Corporation Yard; and making the CEQA determinations as provided in this staff report.
6 2. Approval of Amendment No. 1 to Task Order No. 2 with Pavement Engineering Inc. (PEI) in the amount of $11,952.50, for a new total of $86,732.50 for design engineering and related services for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527) located on up to six (6) miles of arterial and collector streets throughout the City and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662) located at the City Corporation Yard; authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney; and making the CEQA determinations as provided in this staff report. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
f. Considering – appointment of applicants Michael Maestas and Jonathan Nguyen to the Bicycle and Pedestrian Advisory Committee for four-year terms ending February 28, 2027, as recommended by the Council Committee on Infrastructure and Franchise (Obringer/Hoffmeister). Recommended by the Council Committee on Infrastructure and Franchise.
CITY COUNCIL/LOCAL REUSE AUTHORITY CONSENT CALENDAR
g. Considering – an amendment to the contract with Guardian Security Agency in the amount of $65,000 for extended services and coverage; establishing a new not-to-exceed amount of $334,000; extending the term to August 31, 2023; 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.
CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, and/or 15378.
6. CITY COUNCIL PUBLIC HEARING
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.
After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Participate” above. a. Considering – introduction of an Ordinance Amending Chapter 5.100 of the Concord Municipal Code (Tobacco Retailers License Program), Including to Prohibit Flavored Tobacco Products, Prohibit the Sale of Tobacco Vape and E-Cigarette Products, Establish Minimum Price and Pack Sizes for Tobacco Products, Prohibit Couponing and Discounting for Tobacco Products, Enhance Nuisance And Enforcement Provisions, and Make Other Non- 7 Substantive Text Changes, by reading of the title only and waiving further reading. Report by Justin Ezell, Assistant City Manager.
CEQA: Not a project/exempt under Public Resources Code 21065, CEQA Guidelines Section 15060(c)(2), 15378; and/or 15061(b)(3). b. Considering – adoption of four (4) Resolutions confirming the annual Engineer’s Report and Assessment Diagrams for levies and assessments for the Downtown Landscape Maintenance District, Pine Hollow Landscape & Lighting District, Landscape & Lighting District No. 3, and the Citywide Street Lighting Assessment District for Fiscal Year 2023-24. Report by Craig Blythe, Administrative Services Manager.
CEQA: Not a project/exempt per Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(3), 15378 and/or 15061(b)(3).
7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 6/6/2023 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.