REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MAY 14, 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 14, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Aliano. 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; Stefanie Ananthan, Deputy City Clerk; Karan Reid, Director of Finance; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Steve Voorhies, Director of Recreation Services; Abhishek Parikh, Deputy Director of Public Works – Transportation; Carlton Thompson, City Engineer; Bruce Davis, Senior Civil Engineer; Bernard Enrile, CIP Manager; Kit Jory, Parks Manager; Jesse Crawford, Public Works Superintendent; Justin Bosch, Associate Civil Engineer; Deyuanne Lei, Associate Civil Engineer; Tianjun Cao, Associate Civil Engineer; Aldrich Bautista, Associate Civil Engineer; Justine Gee, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer; Ken Yee, Facilities Maintenance Manager; Sophia Huckabay, Housing Manager; Kelly Rush, Housing Program Analyst; Andrea
Moreira, Senior Administrative Analyst;
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Jay Bedecarre, Bay Area KidFest; Randolph Hopkins, Concord; Randy Hopkins, Concord; Kristin Diaz, Concord; Marisol Fuentes Castro, Rising Juntos; Gemma Matson, Rising Juntos;
Guadalupe Tolento, Todos Santos Tenants Union; Vanessa
Chena, Monument Impact; Joe Stokley; Chris Mullas, Concord; Debra Ballinger; Kelly Zhao, EBASE; Natalie; Ellen Osmunson; Emily Wheeler, Concord
PUBLIC COMMENT PERIOD
Jay Bedecarre, Bay Area KidFest, announced this year’s KidFest to be held at Mt. Diablo High School from Saturday, May 25 – Monday, May 27, 2024.
Randolph Hopkins, Concord, spoke about the importance of expending City funds on the community and emphasized that focus should be on fixing roads, parks, and City infrastructure before expending funds for other purposes.
City Council Minutes May 14, 2024
2 Randy Hopkins, Concord, echoed comments by Randolph Hopkins speaking of the importance of maintaining City infrastructure.
Kristin Diaz, Concord, spoke of concern about a homeless encampment located at 5100 Clayton Road near the McCaulou’s department store.
PRESENTATIONS
APWA AWARDS
Mayor Birsan introduced Carlos Melendez, APWA NorCal Chapter President, who presented APWA awards to City of Concord staff.
Mayor Birsan opened a public comment period.
Randy Hopkins, Concord, commended staff on the success of their projects, and reiterated the importance for Council to continue funding projects focused on maintaining City infrastructure.
Mayor Birsan closed the public comment period.
MAYOR’S ART COMPETITION WINNERS
Mayor Birsan presented certificates to the Mayor’s Art Competition winners.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
PROCLAMATION – Childcare Provider Appreciation Day
Mayor Birsan presented Elianna Campos, President, NCal Family Child Care Alliance, a proclamation declaring May 14, 2024, as “Childcare Provider Appreciation Day” in the City of Concord.
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 – April 9, 2024
A motion was made by Aliano and seconded by Obringer to approve the minutes from the April 9, 2024, meeting. The motion passed by unanimous vote of the Council.
TREASURER’S REPORT – January 1 – March 31, 2024
A motion was made by Aliano and seconded by Obringer to receive the Treasurer’s Report for the period January 1 – March 31, 2024. The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT, AND APPROVAL OF RELATED BUDGET TRANSFERS – Willow Pass and Landana Sewer Capacity Improvements Project (Project Nos. 2702 and 2704) A motion was made by Aliano and seconded by Obringer to approve the following for the the Willow Pass and Landana Sewer Capacity Improvements Project (Project Nos. 2702 and 2704) which will City Council Minutes May 14, 2024
3 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 a Construction Contract in the amount of $11,212,940 to Precision Engineering Inc., 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 CEQA determination as provided in this staff report (Funded by Sewer Enterprise Funds);
2. Approve 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 authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;
3. Approve 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. Authorize the City Engineer to accept the improvements upon completion of Project Nos. 2702 and 2704 and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT, AND APPROPRIATING FUNDS – Monument Boulevard Pavement Rehabilitation (Project No. 2581)
A motion was made by Aliano and seconded by Obringer to approve the following:
1. Award 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; authorize staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report;
2. Approve 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); authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report;
3. Appropriate $110,000 to the project from the Cal Recycle Rubber Grant; and
4. Authorize the City Engineer to accept the improvements upon completion of Project No. 2581 and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT – Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623)
A motion was made by Aliano and seconded by Obringer to approve 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:
City Council Minutes May 14, 2024
4 1. Award 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); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize 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. Authorize the City Engineer to accept the improvements upon completion of Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623) and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT – Residential Pavement Maintenance, Phase B: Paving Project (Project Nos. 2607-2608)
A motion was made by Aliano and seconded by Obringer to approve the following:
1. Award 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; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report; and
2. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance, Phase B: Paving Project (Project Nos. 2607-2608) and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT AND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625) A motion was made by Aliano and seconded by Obringer to approve 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 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); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize 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. Approve 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 authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and
City Council Minutes May 14, 2024
5 3. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625) and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF A PROFESSIONAL SERVICES
AGREEMENT, APPROVAL OF AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT, AND ACCEPTING AND APPROPRIATING FUNDS – Willow Pass Repaving Safe Route to Transit Improvement (Project No. 2449) (Federal Project No. STPCML-5135 (057)) A motion was made by Aliano and seconded by Obringer to approve 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 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); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 15% 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 this staff report (Funded by Federal OBAG 2, Measure J TLC, and Measure V Funds);
2. Approve 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 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 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 authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;
4. Accept and appropriate $5,410,000 of OneBayArea Grant (OBAG 2) Grant funds from Metropolitan Transportation Commission (MTC) for Project No. 2449;
5. Accept and appropriate $715,000 of Measure J Transportation for Livable Communities (TLC) funds from The Contra Costa Transit Authority (CCTA) for Project No. 2449; and
6. Authorize the City Engineer to accept the improvements upon completion of Project No. 2449 and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEMS
INCLUSION OF SINGLE FAMILY HOMES AND CONDOMINIUMS IN ORDINANCE NO. 24-3 – Rent Stabilization and Just Cause for Evictions
Housing Manager Sophia Huckabay presented the staff report, and provided background related to the adoption of Ordinance No. 24-3 Rent Stabilization and Just Cause for Evictions;an overview of protections within Ordinance No. 24-3 pertaining to single family homes and condos and an overview of State Tenant Protection Act of 2019 (AB 1492) amended by SB 567; discussed actions related to moving forward with a ballot measure; provided an overview of alternative actions and financial impact; and explained that Council was being requested to provide direction to staff.
City Council Minutes May 14, 2024
6 Following questions from the Council, Mayor Birsan opened a public comment period.
The following individuals spoke in support of the adopted ordinance with no changes:
Marisol Fuentes Castro, Rising Juntos
Jima Monson
Lupe Tolento
Jenniver Morales
Vanessa Chena
Debra Ballinger
Kelly Zhao
Randolph Hopkins, Concord, stated that no one should be obligated to not rent out a house.
Kristin Diaz, Concord, spoke in favor of Council removing single family homes from Ordinance No. 24-3.
Joe Stokley stated that the ordinance caused seven people to not buy a rental home in Concord.
Chris Moulis, Concord, spoke in opposition of placing the item on a ballot but in favor of making amendments to the existing Ordinance.
Randy Hopkins, Concord, spoke in opposition to creating more regulations.
Natalie stated that the phrase “single family home” is misued.
Ellen Osmunson stated that regulations should be fair to all..
Mayor Birsan closed the public comment period.
Following discussion by the Council, Mayor Birsan recessed the meeting at 8:28 p.m. The meeting resumed at 8:36 p.m.
Following further discussion by the Council, a motion was made by Hoffmeister and seconded by Obringer directing staff to bring back an Ordinance amendment removing the topic of single family homes and condominiums from Ordinance No. 24-3. The motion failed by the following vote:
AYES: Hoffmeister, Obringer NOES: Aliano, Nakamura, Birsan PROPOSED TWO-YEAR CAPITAL BUDGET AND 5-YEAR CAPITAL IMPROVEMENT PLAN City Engineer Carlton Thompson presented the staff report along with CIP Manager Bernard Enrile, and Director of Information Technology Greg Taylor. Mr. Thompson explained that Council was being requested to make recommendations on the proposed Two-Year Capital Budget for Fiscal Years 2024-25 and 2025-26 and 5-Year Capital Improvement Plan Fiscal Years 2024-2029.
Joe Ririe, Senior Principal Engineer and President, Pavement Engineering, Inc., presented the the draft 5-Year Pavement Maintenance Plan.
Following questions from the Council, Mayor Birsan opened a public comment period.
Natalie inquired about the possibility of obtaining funding for the Fernando Adobe from the National Parks Service Historic Preservation Fund.
City Council Minutes May 14, 2024
7 Emily Wheeler, Concord, expressed her concern about the existing climate emergency and importance of reducing greenhouse gas emissions.
Kristin Diaz, Concord, expressed her appreciation for staff’s efforts in compiling the proposed Two-Year Capital Budget and 5-Year Capital Improvement Plan.
Pablo Benavente, Concord, inquired about the Court Lane Bicycle Improvements project.
Mayor Birsan closed the public comment period.
A motion was made by Aliano and seconded by Hoffmeister to consider the remaining items on the agenda due to the lateness of the hour. The motion passed by unanimous vote of the Council.
CORRESPONDENCE
Mayor Birsan opened a public comment period.
Kristin Diaz, Concoed, suggested that the letter to the East Bay Times Editor dated May 6, 2024, regarding the redevelopment of the former Concord Naval Weapons Station be revised.
Mayor Birsan closed the public comment period.
a. Agenda Item No. 6.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
b. Agenda Item No. 2.a – Written Public Comment
c. Agenda Item No. 4.a – Benched April 9, 2024 Meeting Minutes d. Agenda Item No. 4.c – Willow Pass and Landana Sewer Capacity Improvements Project – Benched Correspondence
e. Agenda Item No. 4.f – Residential Pavement Maintenance, Phase B: Paving Project – Benched Correspondence
f. Agenda Item No. 5.a – Single Family Homes and Condominiums – Benched Correspondence g. Agenda Item No. 5.a – Single Family Homes and Condominiums – PowerPoint Presentation h. Agenda Item No. 5.b – Proposed Capital Budget – Benched Correspondence i. Agenda Item No. 5.b – Proposed Capital Budget – 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.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 14, 2024, at 11:20 p.m. /s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK