REGULAR MEETING OF THE
CONCORD CITY COUNCIL/CITY COUNCIL
SITTING AS THE LOCAL REUSE AUTHORITY
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, APRIL 23, 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, April 23, 2024, with Mayor Birsan 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: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Monique Robinson: Administrative Secretary; Guy Bjerke, Director of Economic Development and Base Reuse; Greg
Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Leng Power, Community Service Manager; Trish Beirne, Emergency and Volunteer
Services Manager, Melissa Rea, Economic Development
Specialist; Jeff Rayos, Senior Administrative Analyst; Ken Yee, Facilities Maintenance Manager; Carlton Thompson, City
Engineer; Kevin Wheat, Associate Engineer; Tianjun Cao, Associate Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Nakita Rodgers, Concord; Guy Burke, Director of Economic Development and Base Reuse; ; Randolph Hopkins, Concord
PUBLIC COMMENT PERIOD
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
PRESENTATIONS
BUSINESS RECOGNITION AWARDS – Ned’s Body Supply, Inc., Yard House, and Chick’s Donuts Mayor Birsan introduced Economic Development Specialiist Melissa Rea, who presented an overview of the program and introduced Greater Concord Chamber of Commerce President/CEO Kevin Cabral, who presented Business Recognition Awards to Ned’s Auto Body Supply, Inc.; Yard House, and Chick’s Donuts.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
City Council Minutes April 23, 2024
2 PROCLAMATION – Joelle Fockler Day
Mayor Birsan presented Joelle Fockler, MMC, Concord City Clerk, a proclamation declaring April 23, 2024, as “Joelle Fockler Day” in the City of Concord.
Following comments from the City Council and Staff, the Mayor opened a public comment period.
Nikita Rodgers, Concord, spoke of the importance of transparency regarding the duties of the City Clerk.
Guy Bjerke, Director of Economic Development and Base Reuse, thanked the City Clerk and her team for their work in support of City staff and the City.
Mayor Birsan closed the public comment period.
EMERGENCY AND VOLUNTEER SERVICES -
Mayor Birsan introduced Trish Beirne, Emergency and Volunteer Services Manager, who gave a presentation on Emergency Management Language Analysis & Access Strategies.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL CONSENT CALENDAR
ACCEPTANCE OF IMPROVEMENTS – Citywide Traffic System Upgrade Project A motion was made by Aliano and seconded by Nakamura to accept 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 directg the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
APPROVAL OF THE PURCHASE OF THE PURE COMPUTER STORAGE SYSTEM – Presidio Networked Solutions Group, LLC
A motion was made by Aliano and seconded by Nakamura for the purchase of the Pure Computer Storage System 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). The motion passed by unanimous vote of the Council.
APPROVAL OF THE PUBLIC WORKS CONTRACT – Morgan’s Outdoor Living A motion was made by Aliano and seconded by Nakamura to approve a Public Works contract with Morgan’s Outdoor Living in the amount of $49,273, authorize 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 authorize the City Manager to execute the contract in a fom acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
City Council Minutes April 23, 2024
3 ADOPTION OF RESOLUTION NOS. 24-22, 24-23, 24-24, 24-25, 24-26, 24-27, 24-28 AND 24-29 – 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
This item was pulled from consideration on the Consent Calendar by Councilmember Nakamura who recused herself from the item due to economic interest in real property resulting from proximity to her primary residence and left the dais.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-22 entitled, “A Resolution Accepting the Preliminary Engineer’s Report for the Downtown Landscape Maintenance District.” The motion passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-23 entitled, “A Resolution Resolution Accepting the Preliminary Engineer’s Report for the Pine Hollow Landscape and Lighting Maintenance District.” The motion passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-24 entitled, “A Resolution Accepting the Preliminary Engineer’s Report for the Landscape and Lighting Assessment District No. 3.” The motion was passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-25 entitled, “A Resolution Accepting the Preliminary Engineer’s Report for the Concord Citywide Street Lighting Assessment District.” The motion was passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-26 entitled, “A Resolution of Intention to Order Improvements and to Set Public Hearing for the Downtown Landscape Maintenance District.” The motion was passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-27 entitled, “A Resolution of Intention to Order Improvements and to Set Public Hearings for the Pine Hollow Landscape and Lighting Maintenance District.” The motion was passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-28 entitled, “A Resolution of Intention to Order Improvements and to Set Public Hearing for the Landscaping and Lighting Assessment District No. 3.” The motion was passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura City Council Minutes April 23, 2024
4 A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-29 entitled, “A Resolution of Intention to Order Improvements and to Set Public Hearing for the Citywide Street Lighting Assessment District.” The motion was passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura Councilmember Nakamura returned to the dais.
ADOPTION OF RESOLUTION NO. 24-30 – Cannabis Community Benefit Funds A motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 24-30 entitled, “A Resolution Authorizing Disbursement of Cannabis Community Benefits 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.” The motion passed by unanimous vote of the Council.
AWARD OF CONSTRUCTION CONTRACT, PROFESSIONAL SERVICES AGREEMENT, AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT, ACCEPT AND APPROPRIATE OBAG 2
QUICKSTRIKE GRANT FUNDS, APPROVE A BUDGET TRANSFER, AND AUTHORIZE CITY ENGINEER TO ACCEPT IMPROVEMENTS UPON COMPLETION – Project No. 2457 – East Downtown Concord PDA Access and Safe Routes to Transit Project
This item was pulled from consideration on the Consent Calendar by Councilmember Obringer who recused herself from the item due to economic interest in real property resulting from proximity to her primary residence and left the dais.
A motion was made by Aliano and seconded by Hoffmeister to:
1. Award 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 authorize staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the NEPA and CEQA determinations as provided in the staff report (Funded by Federal OBAG 2 Quickstrike, Measure J TLC and Measure J Local Funds);
2. Approve 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. Approve 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), and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney;
4. Accept and Appropriate 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. Approve 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. Authorize the City Engineer to accept the improvements upon completion of Project No. 2457 and direct the City Clerk to file a Notice of Completion.
City Council Minutes April 23, 2024
5 The motion was passed by the following vote:
AYES: Aliano, Hoffmeister, Nakamura, Birsan NOES: None ABSENT: Obringer Councilmember Obringer returned to the dais.
CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR APPROVAL OF AN AMENDMENT FOR PROFESSIONAL SERVICES – Burke Williams & Sorenson, Jarvis Fay, and Troutman Pepper Hamilton Sanders
A motion was made by Aliano and seconded by Nakamura to approve an amendment to 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 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 authorizethe 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.) The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEMS
UPDATE ON THE IMPLEMNTATION OF AN INTERIM MOTEL HOUSING PROGRAM, AUTHORIZING
NEGOTIATIONS WITH CONTRA COSTA COUNTY, DIRECTION ON STRATEGY IMPLEMENTATION,
AND REVISED ENCAMPMENT RESOUTION FUNDING GRANT
Assistant City Manager Justin Ezell presented the staff report, providing an update on the motel housing program and encampment funding grant.
Following questions from the City Council, Mayor Birsan opened a public comment period.
Randolph Hopkins, Concord, spoke of the need to create employment opportunities for the unhoused.
Mayor Birsan closed the public comment period..
Following discussion by the Council, a motion was made by Aliano and seconded by Hoffmeister to oppose the recommendations to authorize staff to negotiate a cost sharing and services agreement with Contra Costa County and authorize staff to reapply for Encampment Resolution. The motion passed by the following vote::
AYES: Aliano, Birsan, Hoffmeister NOES: Nakamura, Obringer ABSENT: None Council directed staff to agendize for discussion a process to be used for implementing the Housing Specific Plan strategies, including: Rapid-Rehousing, Interim Housing Models (Scattered Site Tiny Homes, Centralized Tiny Homes, and Motel Interim Housing), and Guaranteed Income, and draft a white paper on strategies regarding the guaranteed basic income program.
DEFINED MAYORAL ROTATION PROCESS
City Clerk Joelle Fockler presented the staff report, providing background on options regarding a defined mayoral rotation process. City Clerk Fockler noted that the City Council was being requested to confirm the desired language for a defined mayoral rotation and whether the rotation process will be City Council Minutes April 23, 2024
6 documented in an Ordinance or in an amendment to Policy and Procedure No. 2, and to authorize staff to return to a future meeting with the appropriate documents for Council consideration and action.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
Following discussion by the Council, Council directed the item to the Council Committee on Policy, Development, and Internal Operations for further consideration.
COUNCIL REPORTS
Councilmember Hoffmeister reported on her attendance to the CA League of Cities Summit held April 17, 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 April 23, 2024, at 10:54 p.m. /s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK