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
Tuesday,
May 7, 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.
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/87198419516?pwd=06lW5aRzLrdOE32efj5gbAkj_AUzF w.CG1DUXYA1rIPqPw_ or Zoom Webinar ID: 871 9841 9516 and Passcode: 506631 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 – Vice Mayor 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.
a. Written Public Comment
3. PRESENTATIONS
a. Presentation – to Irma Bodden, East Bay Housing Organization, proclaiming May 2024 as "Affordable Housing Month" in the City of Concord.
Presentation by Mayor Birsan.
b. Presentation – by Aaron Hawkins, General Manager, Live Nation, providing an update on the Toyota Pavilion at Concord. Introduction by Mayor Birsan.
4. ANNOUNCEMENT
a. Announcing – a recruitment to fill two (2) Youth Member positions on the Parks, Recreation, and Open Space Commission for a one-year term, effective September 1, 2024, and ending June 30, 2025, and setting a deadline of Friday, June 7, 2024, at 5 p.m. as the deadline for receipt of applications by the City Clerk. Report by Joelle Fockler, City Clerk.
5. CITY COUNCIL 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 a. Considering – approval of the minutes from the March 19 and April 6, 2024, special meetings, and March 26, 2024, regular meeting. Recommended by the City Clerk.
b. Considering – approval of an Amendment to the Professional Services Agreement with Bellecci & Associates, Inc., increasing the contract amount by $79,954 for a total not-to-exceed amount of $250,289 to provide design engineering and related services for Residential Pavement Maintenance – Zone 2L (Project No. 2626), performing pavement maintenance in neighborhood Zone 2L surrounding The Alameda and bounded by Concord Boulevard, Port Chicago Highway, Clayton Road, and Contra Costa Canal; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262, 15378, and/or Public Resources Code Section 21065. c. Considering – approval of a five year Professional Services Agreement in an amount not to exceed $527,060, with a one year option to extend, for an additional $121,735, with Maze & Associates Accountancy Corporation to complete annual financial statement audits, beginning with fiscal year 2023/2024, to be funded by the Finance Department operating budget; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Finance.
d. Considering – acceptance of improvements for the Citywide Protected Left- Turn Phasing Project (City Project No. 2575 and Federal Project No. HSIPL- 5135(061) located at eight (8) intersections Citywide; and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
e. Considering – approval of a Professional Services Agreement including a Software as a Service Agreement (SaaS) with 3Di, Inc., in the amounts not to exceed $60,000 in FY 2023-24, $80,000 in FY 2024-25, $80,000 in FY 2025- 26, $85,000 in FY 2026-27, $90,000 in FY 2027-28, and $93,000 in FY 2028- 29 (for a total not-to-exceed amount of $488,000 for six years) for the administration and management of the City’s Rent Registry Program; and authorizing the City Manager to execute the Agreements in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15378 and Public Resources Code Section 21065 and is categorically exempt pursuant to Section 15061(b)(3).
5 f. Considering – the following for the Alberta Way Pavement Rehabilitation (Project No. 2615) located on Alberta Way between Ygnacio Valley Road and Clayton Road:
1. Award of a construction contract in the amount $985,563.75 (Measure V Financing Fund 407 and Measure J 28(a) Fund 485) to MCK Services, Inc., for Alberta Way Pavement Rehabilitation (Project No. 2615); 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 related budget transfer of $200,000 (Measure V Financing Fund 407) from Residential Pavement Maintenance – Phase D (Project No. 2622) to Alberta Way Pavement Rehabilitation (Project No. 2615); and
3. Authorizing the City Engineer to accept the improvements upon completion of Alberta Way Pavement Rehabilitation (Project No. 2615) 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)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
g. Considering – approval of a temporary budget transfer in the amount of $297,000 to the Concord Community Park Solar Array Repairs Project (Project No. 2718), located at the Concord Community Park, from Police Department Headquarters Exterior Painting (Project No. 2655), and associated appropriation of such funds to Project 2718 (Funded by Measure V, Fund 407). Recommended by the Director of Community Development.
CEQA: Not a Project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15282, 15378, 15301, 15302, 15303, 15304, and Public Resources Code (PRC) Sections 21065, and/or PRC Section 21080.19.
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 uncodified ordinance amending Exhibit A to Resolution No. 78-6042 (establishing fees and charges for various municipal services and programs in the City of Concord) by reading of the title only and waiving further reading. Report by Donna Lee, Budget and Treasury Officer.
6 CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15061(b), 15262, 15273, 15306, and/or 15378.
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: 5/14/2024 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.