1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
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 23, 2024
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* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.
Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. 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.
Amended Agenda
Changes to Agenda Item No. 5.a
in redline strikeout font
2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/81105103443?pwd=_IU2nxwlkpedQHtzTyM5UNpxJBnX 2Q.Po1A9qp233VPMEUS or Zoom Webinar ID: 811 0510 3443 and Passcode:
342761
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 Channels 29 and 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watch 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 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.
3. PRESENTATIONS
a. Presentation – of Business Recognition Awards to Ned's Auto Body Supply, Inc., Yard House, and Chick's Donuts. Overview of program and introduction of recipients by Melissa Rea, Economic Development Specialist.
Presentations by Kevin Cabral, President/CEO, Greater Concord Chamber of Commerce. Introduction by Mayor Birsan.
b. Proclamation – to Joelle Fockler, MMC, City Clerk for the City of Concord, proclaiming April 23, 2024, as "Joelle Fockler Day" in the City of Concord.
Presentation by Mayor Birsan.
c. Presentation – on Emergency Management Language Analysis & Access Strategy from Trish Beirne, Emergency and Volunteer Services Manager for the City of Concord. Introduction by Mayor Birsan.
4. CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR
The public is entitled to address the City Council/LRA on items appearing on the Consent Calendar before or during the City Council’s/LRA’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council/LRA, 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 – acceptance of improvements for the Citywide Traffic System Upgrade Project [City Project No. 2493 and Federal Project No. HSIPL- 5135(049)] located at 52 intersections Citywide; and directing the City Clerk 4 to file a Notice of Completion. Recommended by the Director of Community Development.
b. Considering – approval of the purchase of the Pure Computer Storage System from Presidio Networked Solutions Group, LLC in an amount not-to- exceed $385,694.92, including a 5% contingency, in accordance with the City’s technology replacement schedule. (General Fund: Hardware/Software Replacement Fund) Recommended by the Director of Information Technology.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. c. Considering – approval of a Public Works Contract with Morgan’s Outdoor Living in the amount of $49,273 and authorizing staff to utilize the contract contingency of $10,727 (21%) for contract change orders that become necessary for a not-to-exceed amount of $60,000 for one-time window area rehabilitation of the City-owned parking garage at 2255 Salvio Street (Project # 2685 Cleanliness of Downtown Garages - ARPA funded); and authorizing the City Manager to execute the contract in a form acceptable to the City Attorney. Recommended by the Director of Public Works.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, and/or 15301.
d. Considering – adoption of eight Resolutions accepting the Preliminary Engineer's Reports and ordering improvements in the Downtown Landscape Maintenance District, Pine Hollow Landscape Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District, and setting a Public Hearing for May 28, 2024.
Recommended by the Director of Public Works.
CEQA: Not a “project” under Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(3) and 15378; in the alternative, exempt under Guidelines Section 15061(b)(3).
e. Considering – adoption of a Resolution authorizing the disbursement of Cannabis Community Benefit Funds and execution of all attendant documents and agreements through the Community Grants Program for Fiscal Year 2024/25 for the total amount of $150,000. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15273, 15378, and/or Public Resources Code Section 21065. 5 f. Considering –
1. Award of a Construction Contract in the amount of $2,225,377.00 to Sposeto Engineering, Inc. for the East Downtown Concord PDA Access & Safe Routes to Transit Project (Project No. 2457) and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making the NEPA and CEQA determinations as provided in this staff report (Funded by Federal OBAG 2 Quickstrike, Measure J TLC and Measure J Local Funds);
2. Approval of a Professional Services Agreement with Park Engineering in the not-to-exceed amount of $213,363.12 (base agreement of $193,966.47 plus staff authority to spend up to a 10% contingency of $19,396.65) for construction management, inspection, and materials testing services and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;
3. Approval of an Amendment to the Professional Services Agreement (PSA) with Ruggeri-Jensen-Azar, in the amount of $44,356.00 for providing additional environmental services, design, and other related services in preparing NEPA documents as required for East Downtown Concord PDA Access and Safe Routes to Transit (Project No. 2457);
4. Accepting and Appropriating OBAG 2 Quickstrike grant funds in the total amount of $2,164,000, which will be used to cover a majority of the construction and construction management costs;
5. Approval of a budget transfer in the amount of $350,000 to East Downtown Concord PDA Access & Safe Routes to Transit (Project No. 2457) from Oak Grove Pavement Rehabilitation Phase 3 (Project No. 2557 – Measure J Local Funds); and
6. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2457 and directing the City Clerk to file a Notice of Completion.
Recommended by the Director of Community Development.
NEPA: Categorical exclusion per Section 23 CFR 771.117(c)(3).
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.
CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR g. Considering – the amendment of the Professional Services Agreements with Burke Williams & Sorenson, Jarvis Fay, and Troutman Pepper Hamilton Sanders for various consultant services in the amounts of $17,120.42, $45,026, and $20,935, respectively, creating new not-to-exceed contract amounts of $247,130.42, $86,026, and $51,935, respectively, for work related to the review and consideration of a Term Sheet and site wide permitting 6 work supporting the redevelopment of the former Concord Naval Weapons Station (CNWS), with a new end date for each Agreement of March 31, 2024; and authorizing the Executive Director of the LRA to execute the amendments in a form acceptable to the City Attorney. (Original combined PSAs $102,000 from LRA Loan Reserve (General Fund); these amendments $162,156.42 from the Exclusive Negotiating Agreement (ENA) Deposit to the LRA by BCUS Acquisitions LLC (Brookfield) and $20,935.00 from the LRA Loan Reserve (General Fund.) Recommended by the Director of Economic Development and Base Reuse.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. h. Considering – the adoption of 12 Professional or Legal Services Agreements (Agreements) for various consultant services for the Local Reuse Authority’s (LRA) work related to the redevelopment of the former Concord Naval Weapons Station (CNWS) for a total not-to-exceed amount of $1,633,594 through March 31, 2025; and authorizing the Executive Director of the LRA to execute the agreements in a form acceptable to the City Attorney. (Funded through Reimbursement Agreement Deposits to LRA by BCUS Acquisitions LLC (Brookfield)). Recommended by the Director of Economic Development and Base Reuse.
CEQA: Not a project/exempt under to Public Resources Code Section 21065, California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(b)(3) and/or 15378.
5. CITY COUNCIL CONSIDERATION ITEMS
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 – an update on the implementation of an Interim Motel Housing Program, and authorizing staff to initiate negotiations with the Contra Costa County on a cost sharing and services agreement which would subsequently be brought before Council for consideration and approval, seeking direction on strategy implementation, and authorizing staff to proceed with a revised Encampment Resolution Funding grant. Report by Justin Ezell, Assistant City Manager.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378.
b. Considering – options regarding a defined mayoral rotation process and providing direction to staff. Report by Joelle Fockler, City Clerk. 7 6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
7. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
a Report out by Councilmember Hoffmeister on the CA League of Cities Summit held April 17, 2024.
8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 5/7/2024 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.