REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MARCH 26, 2024
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 26, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Aliano. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Josh Clendenin, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Carlton Thompson, City Engineer; Tianjun Cao, Associate Civil Engineer; Deyuanne Lei, Associate Civil Engineer; Kit Jory, Sr., Parks Division Manager; Mindy Gentry, Planning Manager; Frank Abejo, Principal
Planner; Ben Ulrey, Assistant Planner
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Natalie; Mitch Turrin; Mary Suite, Concord; Tony Bravo, Monument Impact
PUBLIC COMMENT PERIOD
Natalie spoke about misinformation published by news outlets including the Pioneer newspaper that recently published misinformation relating to the rent stabilization ordinance and encouraged Council to use their platform to educate the public about the ordinance.
Mitch Turrin inquired about the amount of time it takes for a pothole to be fixed..
Mary Suite, Concord, spoke in support of the rent stabilization ordinance and echoed Natalie’s comments regarding misinformation that was published in the Pioneer newspaper.
Mayor Birsan closed the Public Comment Period and took the next item out of agenda order.
CITY COUNCIL CONSENT CALENDAR
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF MINUTES – February 13 and 27, and March 5, 2024 A motion was made by Aliano and seconded by Nakamura to approve the minutes from the February 13, 2024, special meeting, and February 13 and 27, and March 5, 2024, regular meetings. The motion passed by unanimous vote of the Council.
City Council Minutes March 26, 2024
2 AWARD OF A CONSTRUCTION CONTRACT – Citywide Sidewalk Repair (Project No. 2666) A motion was made by Aliano and seconded by Nakamura to approve the following:
1. Award a Construction Contract in the amount of $235,753 to Villalobos & Associates Inc. for the Citywide Sidewalk Repair (Project No. 2666) and authorize Staff to utilize the available project contingency for contract change orders up to 30% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determination as provided in the staff report; and
2. Authorize the City Engineer to accept the improvements upon completion of Project No. 2666 and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Swinerton Management and Consulting A motion was made by Aliano and seconded by Nakamura to approve an Agreement for Professional Services with Swinerton Management and Consulting in the not-to-exceed amount of $647,424 (base agreement of $539,520 plus staff authority to spend up to a 20% contingency of $107,904) to provide construction management, inspection, and materials testing services for the Residential Pavement Maintenance, Phase B Project (Project Nos. 2607-2608) located in Zone 4O in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal, and in Zones 5C & 5D in North Concord, immediately south of Highway 4, including Peralta Road and between Highway 242 and Hillsborough Drive; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
ACCEPTANCE OF IMPROVEMENTS AND APPROVAL OF AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT – Downton Corridors Bicycle and Pedestrian Improvement Project (Project No. 2424)
A motion was made by Aliano and seconded by Nakamura to approve the following:
1. Acceptance of improvements for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Project No. 2424) located along Broadway Street, Salvio Street, Grant Street, and Oak Street; and direct the City Clerk to file a Notice of Completion; and
2. Approve an amendment to a Professional Services Agreement for construction management in the amount of $21,715 (for a new not-to-exceed amount of $451,715) with Dewberry Engineers Inc.; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.
The motion passed by unanimous vote of the Council.
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Open Counter Enterprises, Inc.
A motion was made by Aliano and seconded by Nakamura to approve an Agreement for Professional Services with Open Counter Enterprises, Inc. (an online zoning and permitting assistance software system) in an amount not to exceed $236,256 for a five-year subscription (December 1, 2023 to November 30, 2028); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
APPROVAL OF AN AMENDMENT TO A TASK ORDER – Dewberry Engineers, Inc.
A motion was made by Aliano and seconded by Nakamura to approve Amendment No. 1 to Task Order No. 2 in the amount of $67,634.55 (for a new not-to-exceed amount of $284,624.95) with Dewberry City Council Minutes March 26, 2024
3 Engineers Inc., for 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 (specifically including portions of Concord Boulevard, Port Chicago Highway, Oak Grove Road, Walters Way, Pacheco Street, and Residential Zone 5L (Almond Avenue, Bacon Street, Galindo Street, Grant Street, and Mt. Diablo Street), and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662), located at the City Corporation Yard; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 24-19 – Urban Community Forests This item was pulled from consideration on the Consent Calendar by Councilmember Obringer who highlighted the project.
Following questions from the Council, Mayor Birsan opened a public comment period.
Natalie spoke about the portal used by the City of San Ramon to tracks trees and existing programs used to train volunteers to perform data collection to maintain data on the health of trees.
Mayor Birsan closed the public comment period.
A motion was made by Obringer and seconded by Nakamura to adopt Resolution No. 24-19 entitled, “A Resolution of the City Council of the City of Concord Authorizing the City to Accept a Subaward from U.S. Department of Agriculture Forest Service Through The Trust for Public Land in an Amount Not to Exceed $1 Million to Invest in Urban Community Forests ($138,100 for FY 2024, $278,550 for FY 2025, $243,550 for FY 2026, $195,550 for FY 2027, and $144,250 for FY 2028); and Authorizing the City Manager, or Designee, to Execute the Subrecipient Agreement and Take Other Action Necessary or Appropriate to Implement the Subaward.” The motion passed by unanimous vote of the Council.
PRESENTATION
PROCLAMATION – American Red Cross Month
Mayor Birsan presented Stan Massie, Red Cross Leadership Council, a proclamation declaring March 2024 as “American Red Cross Month” in the City of Concord.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL CONSIDERATION ITEM
ACCEPTANCE OF THE 2023 GENERAL PLAN ANNUAL PROGRESS REPORT Assistant Planner Ben Ulrey presented the staff report, provided background of the Annual Progress Report (APR), discussed Regional Housing Needs Allocation (RHNA) 2023-2031 cycle goals, issued units by income level, affordability and RHNA, affordability by housing type, and selected projects for RHNA credit. Assistant Planner Ulrey then discussed the 2023 Housing Element Program implementation progress including progress to date and program status for various programs, a look ahead for 2024 Housing Element Program implementation including program goals and anticipated completion for various programs, and a timeline for completion dates in 2024. Mr. Ulrey then explained that Council was being requested to accept the 2023 General Plan Annual Progress Report, including the Housing Element Annual Progress Report, and authorize its submittal to the Governor's Office of Planning and Research and to the California Department of Housing and Community Development, and make the CEQA determinations as provided in the staff report.
City Council Minutes March 26, 2024
4 Following questions from the Council, Mayor Birsan opened a public comment period.
Tony Bravo, Monument Impact, inquired what plans the City has in place to be in compliance with the State’s housing requirements and to protect families and community members from displacement.
Mayor Birsan closed the public comment period.
Following discussion by the Council, a motion was made by Hoffmeister and seconded by Nakamura to accept the 2023 General Plan Annual Progress Report, including the Housing Element Annual Progress Report, and authorize its submittal to the Governor's Office of Planning and Research and to the California Department of Housing and Community Development, and make the CEQA determinations as provided in the staff report. The motion passed by unanimous vote of the Council.
APPEAL OF PLANNING COMMISSION’S APPROVAL – Design and Site Review Amendment for Galindo Terrace
Principal Planner Frank Abejo presented the staff report, provided background information on the project with an overview of design modifications for both the approved project and as amended, and explained that Council was being requested to take one of the following actions: 1) affirm the Planning Commission Decision; 2) modify the Planning Commission Decision by directing the applicant to incorporate additional design changes; 3) reverse the Planning Commission Decision; or 4) remand the matter to the Planning Commission with direction.
Paige Smith, Project Manager for Lowney Architecture, gave a presentation showing the approved project design in comparison to a revised design, highlighting the number and angle of sunshades on the building in both designs.
Carolyn Bookhart, Director of Real Estate Development for Resources for Community Development (RCD), continued the presentation and provided background on the development of the project, including funding sources.
Following questions from the Council, Mayor Birsan opened a public comment period.
Natalie expressed appreciation for the Council’s discussion on the project details, noting that the City has provided funding towards the affordable housing project.
Mayor Birsan closed the public comment period.
Following discussion by the Council, a motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-20 entitled, “A Resolution reversing the Planning Commission’s adoption of Resolution No. 24-01 PC and denying a Design and Site Review Amendment to reduce the number of exterior sunshades and add orange accent paneling to the approved building elevations for a 62-unit affordable housing project on a 0.53-acre site located at 1313-1321 Galindo Street (APN:126-164- 051 and -054) (PL19066– DRA),” with modifications to: 1) adjust the orientation of some of the sunshade structures to provide the maximum shade to tenants based upon the sun’s angle on particular units, and 2) remove the lower right sunshade structure near the emergency exit stairwell to help increase public safety.
CORRESPONDENCE
a. Agenda Item No. 7.a – Letter to Whom it May Concern re: Support for MCE's application for the Locally Invested Transportation Equity (LITE) Pilot Program dated February 29, 2024 b. Agenda Item No. 7.b – Letter to Senator Alex Padilla, Senator Laphonza Butler, Congressman Mark DeSaulnier, Congressman John Garamendi, and Congressman Josh Harder re: Support for FY2025 Community Project Funding for Aeration Basin Diffuser Replacement Project dated March 15, 2024
City Council Minutes March 26, 2024
5 c. Agenda Item No. 7.c – Letter to Senator Alex Padilla, Senator Laphonza Butler, Congressman Mark DeSaulnier, Congressman John Garamendi, and Congressman Josh Harder re: Support for FY2025 Central San's Solids Handling Facilities Improvements Project dated March 15, 2024 d. Agenda Item No. 7.d – Letter to Senator Alex Padilla, Senator Laphonza Butler, Congressman Mark DeSaulnier, Congressman John Garamendi, and Congressman Josh Harder re: Support for the Ultraviolet (UV) Disinfection Replacement Project dated March 15, 2024 e. Agenda Item No. 7.e – Letter to Unity Council Chief Executive Officer Chris Iglesias re: Support for Unity Council's application for additional slots for Head Start and Early Head Start in Contra Costa County dated March 15, 2024
f. Agenda Item No. 2.a – Written Public Comment
g. Agenda Item No. 2.a – Benched Written Public Comment h. Agenda Item No. 5.a – 2023 General Plan Annual Progress Report – PowerPoint Presentation i. Agenda Item No. 6.a – Planning Commission Appeal – PowerPoint Presentation
COUNCIL REPORTS
Councilmember Aliano, Vice Mayor Obringer, and Mayor Birsan reported out on their attendance at the National League of Cities Congressional City Conference held March 11-14, 2024.
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 26, 2024, at 9:46 p.m. /s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK