REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MAY 7, 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, May 7, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Vice Mayor Obringer. 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; Thomas Capriola, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; James
Nakayama, Police Captain; Kevin Marstall, Director of
Community Development; Karan Reid, Director of Finance; Will Tarbox, Director of Public Works; Carlton Thompson, City Engineer; Justin Bosch, Associate Civil Engineer; Deyuanne Lei, Associate Civil Engineer; Suzanne McDonald, Financial
Operations Manager; Sophia Huckabay, Housing Manager; Kelly Rush, Housing Program Analyst; Donna Lee, Budget and
Treasury Officer; Matt Galindo, Recreation Program Manager; Craig Blythe, General Services Manager
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Isidro Farias, St. Mary’s College; Natalie; Renee Seaton, Concord; Randy Hopkins, Concord; Randolph Hopkins, Concord
PUBLIC COMMENT PERIOD
Isidro Farias, St. Mary’s College, spoke about a student/parent orientation scheduled on Tuesday, May 21, 2024, for the St. Mary’s College Envision Tomorrow Program, a career focused educational outreach program for high school seniors.
Natalie spoke about the importance of speaking up for cease fire and peaceful tones and joy during this time, and stated that unhoused individuals who are working hard to get sober should still be housed through the Interim Motel Housing Program.
Renee Seaton, Concord, spoke of her concern about traffic safety on Denkinger Road and suggested the use of rumble strips for traffic calming.
Randy Hopkins, Concord, spoke of his concern for how City funds are being expended and the importance to ensure funds are spent for the betterment of the community.
City Council Minutes May 7, 2024
2 PRESENTATIONS
PROCLAMATION – Affordable Housing Month
Mayor Birsan presented Irma Bodden, East Bay Housing Organization, a proclamation declaring May 2024 as “Affordable Housing Month” in the City of Concord.
Mayor Birsan opened a public comment period.
Randolph Hopkins, Concord, stated that people need opportunities to make a living wage so they do not need housing assistance.
Mayor Birsan closed the public comment period.
TOYOTA PAVILION AT CONCORD UPDATE
Mayor Birsan introduced Aaron Hawkins, General Manager, Live Nation, who provided an update on the Toyota Pavilion at Concord.
Mayor Birsan opened a public comment period.
Natalie spoke about Ticketmaster suing the Department of Justice due to the fallout from a recent concert and the resulting impact on securing performers to the venue.
Mayor Birsan closed the public comment period.
ANNOUNCEMENT
RECRUITMENT FOR TWO (2) YOUTH MEMBER POSITIONS ON THE PARKS, RECREATION, AND
OPEN SPACE COMMISSION
City Clerk Joelle Fockler announced 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.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
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 – March 19 and 26, and April 6, 2024 A motion was made by Obringer and seconded by Nakamura to approve the minutes from the March 19 and April 6, 2024, special meetings, and March 26, 2024, regular meeting. The motion passed by unanimous vote of the Council.
APPROVAL OF AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – Bellecci & Associates, Inc.
A motion was made by Obringer and seconded by Nakamura to approve 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 City Council Minutes May 7, 2024
3 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 authorize the City Manager to execute the amendment in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
APPROVAL OF A FIVE YEAR PROFESSIONAL SERVICES AGREEMENT – Maze & Associates Accountancy Corporation
A motion was made by Obringer and seconded by Nakamura to approve 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 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 – Citywide Protected Left-Turn Phasing Project (City Project No. 2575 and Federal Projet No. HSIPL-5135(061)
A motion was made by Obringer and seconded by Nakamura to accept the 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 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 INCLUDING A SOFTWARE AS A SERVICE AGREEMENT (SaaS) – 3Di, Inc.
This item was pulled from consideration on the Consent Calendar by Randolph Hopkins Mayor Birsan opened a public comment period.
Randolph Hopkins, Concord, expressed concern about the expense to operate the Rent Registry Program and in opposition to approval.
Mayor Birsan closed the public comment period.
Following questions by the Council, a motion was made by Nakamura and seconded by Aliano to approve 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 authorize the City Manager to execute the Agreements in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT AND APPROVAL OF A RELATED BUDGET TRANSFER – Alberta Way Pavement Rehabilitation (Project No. 2615) A motion was made by Obringer and seconded by Nakamura to approve the following for the Alberta Way Pavement Rehabilitation (Project No. 2615) located on Alberta Way between Ygnacio Valley Road and Clayton Road:
1. Award 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); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract City Council Minutes May 7, 2024
4 amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;
2. Approve 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. Authorize the City Engineer to accept the improvements upon completion of Alberta Way Pavement Rehabilitation (Project No. 2615) and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
APPROVAL OF A TEMPORARY BUDGET TRANSFER – Concord Community Park Solar Array Repairs Project (Project No. 2718)
A motion was made by Obringer and seconded by Nakamura to approve 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). The motion passed by unanimous vote of the Council.
CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE NO. 24-6042.3 – Fee Schedule Amendments Budget and Treasury Officer Donna Lee presented the staff report, provided background of Policy and Procedure No. 170 – Fee Setting Policy, a summary of proposed changes, proposed fee adjustments, an overview of annual sewer service charges and sanitation and refuse fees, and explained that Council was being requested to introduce an uncodified Ordinance amending Exhibit A to Resolution No. 78-6042 by reading of the title only and waiving further reading.
Following questions from the Council, Mayor Birsan opened a public comment period.
Randolph Hopkins, Concord, inquired about the proposed rate increases.
Renee Seaton, Concord, inquired if any of the proposed fees were relatedto traffic impact fees or used for roadway widening.
Mayor Birsan closed the public comment period.
Following discussion by the Council, a motion was made by Aliano and seconded by Hoffmeister to introduce Ordinance No. 24-4 entitled, “An Uncodified Ordinance Amending Exhibit A to Resolution No. 78-6042 (Establishing Fees and Charges for Various Municipal Services in the City of Concord.” The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 5.e – 3Di, Inc. Professional Services Agreement – Benched Correspondence c. Agenda Item No. 6.a – Fee Schedule Amendments – PowerPoint Presentation
COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.
City Council Minutes May 7, 2024
5 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 7, 2024, at 7:43 p.m. in memory of Fred Doster.
/s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK