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 14, 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/84513727816?pwd=sZrw5yTr1bVIjfeeUD6FcHf0ys9zTw. -hwYS-KHOCC14jlq or Zoom Webinar ID: 845 1372 7816 and Passcode: 270479 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 Aliano
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 – of APWA awards to City of Concord staff by Carlos Melendez, APWA NorCal Chapter President. Introduction by Mayor Birsan. b. Presentation – of certificates to Mayor's Art Competition Winners.
Presentation by Mayor Birsan.
c. Presentation – to Elianna Campos, President, NCal Family Child Care Alliance, proclaiming May 14, 2024 as "Childcare Provider Appreciation Day" in the City of Concord. Presentation by Mayor Birsan.
4. 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. a. Considering – approval of the minutes from the April 9, 2024, meeting.
Recommended by the City Clerk.
b. Receiving – the Treasurer's Report for the period January 1 – March 31, 2024. Recommended by the City Treasurer.
c. Considering – the following actions in relation to the Willow Pass and Landana Sewer Capacity Improvements Project (Project Nos. 2702 and 4 2704) which will construct sewer capacity improvements on Willow Pass Road, between Gateway Boulevard and Landana Drive, and on Landana Drive, between Willow Pass Road and Larkspur Drive:
1. Award of a Construction Contract in the amount of $11,212,940 to Precision Engineering Inc., and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making CEQA determination as provided in this staff report (Funded by Sewer Enterprise Funds);
2. Approval of a Professional Services Agreement with Swinerton Management & Consulting in the not-to-exceed amount of $715,000 for construction management, inspection, and materials testing services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney;
3. Approval of related budget transfers to the project in the total amount of $5,500,000 from various projects as shown in the staff report; and
4. Authorizing the City Engineer to accept the improvements upon completion of Project Nos. 2702 and 2704 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, 15304, and/or Public Resources Code Section 21065.
d. Considering –
1. Award of a construction contract in the amount $4,195,417.85 to Goodfellow Bros., Inc. for the Monument Boulevard Pavement Rehabilitation (Project No. 2581) located along Monument Boulevard from Detroit Ave to the Walnut Creek City Limits; authorizing staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making the CEQA determinations as provided in this staff report;
2. Approval of a Professional Services Agreement with Ghirardelli and Associates, Inc. in the not-to-exceed amount of $758,570 (base agreement of $689,609 plus staff authority to spend up to a 10% contingency of $758,570) to provide construction management, inspection, and materials testing services for the Monument Boulevard Pavement Rehabilitation (Project No. 2581); authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney; and making the CEQA determinations as provided in this staff report;
3. Appropriating $110,000 to the project from the Cal Recycle Rubber Grant; and
5 4. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2581 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)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304 and/or Public Resources Code Section 21065.
e. Considering – the following for the Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623) located in the residential neighborhood bordered by Meadow Lane to the northeast, Monument Boulevard to the southeast, Lacey Lane/Tilson Drive/Aspen Drive to the southwest, and Gelbke Lane to the northwest:
1. Award of a Construction Contract in the amount $239,049 to Villalobos & Associates, Inc. for the Base Bid and Additive Alternative Bid 1 of Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623); 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 (Measure J Local Funds and Capital Projects General Fund); and
2. Authorizing the City Engineer to accept the improvements upon completion of Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623) 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.
f. Considering –
1. Award of a Construction Contract in the not-to-exceed amount of $3,083,945 to Bay Cities Paving & Grading, Inc., authorizing Staff to utilize the available project contingency for contract change orders up to an additional 10% of the contract amount for the Residential Pavement Maintenance, Phase B: Paving 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; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making the CEQA determinations as provided in this staff report; and
2. Authorizing the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance, Phase B: Paving Project (Project Nos. 2607-2608) and directing the City Clerk to file a Notice of Completion. 6 (Funded by Measure V Financing and Revenue, Funds 407 & 490) 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 Public Resources Code (PRC) Section 21065.
g. Considering – the following for the Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625) located in Zone 3I between David Avenue and Monument Boulevard and between Walnut Creek and Dias Drive, Zone 1M between Mount Diablo Creek and Clayton Road and between Ayers Road and Kirker Pass Road, Zone 4C between Cowell Road and the City of Walnut Creek border and between Rose Lane and Ygnacio Valley Road, and Zone 1I between Clayton Road and Galindo Creek and between Bailey Road and Willcrest Drive:
1. Award of a Construction Contract in the amount $5,095,813.88 to Bay Cities Paving & Grading, Inc., for the Base Bid of Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625); 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 (Measure V Revenue Fund 490 and Measure V Financing Fund 407);
2. Approval of a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $648,727.30 (base agreement of $579,220.80 plus staff authority to spend up to a 12% contingency of $69,506.50) to provide construction management, material testing, and related services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney; and
3. Authorizing the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625) 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.
h. Considering – the following for the Willow Pass Repaving Safe Route to Transit Improvement (Project No. 2449) (Federal Project No. STPCML-5135 (057)) located on Willow Pass Road from Galindo Street to Landana Drive:
1. Award of a Construction Contract in the amount of $7,508,719.50 to McGuire Hester, Inc. LLC for the Willow Pass Repaving Safe Route to Transit (SR2T) Improvement project (Project No. 2449); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; authorizing the Mayor to 7 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, Measure J TLC, and Measure V Funds);
2. Approval of a Professional Services Agreement with Swinerton Management Consultants, Inc., in the not-to-exceed amount of $886,730 (base agreement of $806,118 plus staff authority to spend up to a 10% contingency of $80,612) to provide construction management, inspection, and materials testing services for both the Willow Pass Repaving Safe Route to Transit (SR2T) Improvement project (Project No. 2449); and authorizing 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 with Harris and Associates, Inc., in the amount of $98,020 for a new total of $941,927 to provide design and related services for the Willow Pass Repaving Safe Route to Transit (SR2T) Improvement project (Project No. 2449); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney;
4. Accepting and appropriating $5,410,000 of OneBayArea Grant (OBAG 2) Grant funds from Metropolitan Transportation Commission (MTC) for Project No. 2449;
5. Accepting and appropriating $715,000 of Measure J Transportation for Livable Communities (TLC) funds from The Contra Costa Transit Authority (CCTA) for Project No. 2449; and
6. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2449 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.
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 – direction to staff on allowing the voters to decide on the inclusion of single family homes and condominiums in Ordinance No. 24-3 (Rent Stabilization and Just Cause for Evictions), via a Council initiated ballot measure to be placed before the voters in the November 2024 election; alternatively, to provide direction to staff on a voter advisory ballot measure or a Council-driven Ordinance amendment. Report by Sophia Huckabay, Housing Manager.
8 CEQA: Exempt per Public Resources Code section 21065, CEQA Guidelines Sections 15060, 15061, and/or 15378.
b. Considering – Proposed Two-Year Capital Budget and the 5-Year Capital Improvement Plan; and Receiving Draft 5-Year Pavement Maintenance Plan Update. Report by Bernard Enrile, CIP Manager, and Carlton Thompson, City Engineer.
CEQA: Not a project under CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, and/or 15378.
6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter – to Jodie DeJonge, Steve Palopoli, and Dan Borenstein re: Response to May 6, 2024, Naval Weapons Station Article published by the East Bay Times dated May 6, 2024.
7. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 5/28/2024 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.