1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
PLANNING COMMISSION
Aeysha Corio, Chair
Ray Barbour, Vice Chair
Ajit Kaushal
Jason Laub
Craig Mizutani
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Concord-Pleasant Hill
Health Care District/Joint
Meeting of the Concord
City Council and Planning
Commission
Tuesday,
June 11, 2024
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
www.cityofconcord.org
*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.
Spanish interpretation is available in the Council Chamber during the meeting. 2 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. 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/84489193681?pwd=Sd5L9sFcuPZ_SeNXBS9R9azaUoz 0rg.--Y4-3DXz7TiOPAW or Zoom Webinar ID: 844 8919 3681 and Passcode: 636203 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. 3 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
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.
3. CITY COUNCIL/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council/CPHHCD on items appearing on the Consent Calendar before or during the City Council’s/CPHHCD’s consideration of the Consent Calendar.
Adoption of the Consent Calendar may be made by one motion of the City Council/CPHHCD, 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.
CITY COUNCIL CONSENT CALENDAR
a. Considering – reappointment of Tommy Smith as Concord's Representative to the Contra Costa County Library Commission for a four-year term ending June 30, 2028. Recommended by the Mayor.
b. Considering – adoption of a Resolution approving the Final Map for Subdivision 9585, 1200 Detroit Avenue (Assessor’s Parcel Number 126-210- 048); and accepting, subject to improvement, right-of-way improvements and 864 square feet of right-of-way offered for dedication along Detroit Avenue.
Recommended by the Director of Community Development.
4 CEQA: Exempt pursuant to CEQA Guidelines Sections 15268(a), (b)(3). c. Considering – approval of 31 Master Services Agreements (MSAs) for various consultant services for the Community Development Department; 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 15060(c)(2), 15273, and 15378; in the alternative, exempt pursuant to Section 15061(b)(3).
d. Considering – approval of a Professional Services Agreement with Sedgwick Claims Management Services, Inc., in the not-to-exceed amount of $30,000 to update the City of Concord’s Injury and Illness Prevention Program and Safety Manual, and to provide training about the updated Injury and Illness Prevention Program and Safety Manual to City of Concord employes; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Internal Services Funds) Recommended by the Director of Human Resources.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, Guidelines Sections 15060(c)(2), 15060(c)(3), 15601(b), 15273, and/or 15378.
e. Considering –
1. Making findings as required by Section 5103 of the Public Contracts Act regarding an inadvertent error in Ghilotti Bros. Inc.’s bid, and relieving Ghilotti Bros. Inc. of their bid;
2. Award of a construction contract in the amount of $6,180,079 to Ghilotti Construction Company Inc. for the Treat Boulevard Pavement Rehabilitation Project (Phase 2) (City Project No. 2559); 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; and making the CEQA determinations as provided in this staff report;
3. Appropriating $140,000 to the project from the Cal Recycle Rubber Grant;
4. Approval of budget transfers in the total amount of $800,000 to Treat Boulevard Pavement Rehabilitation Project (Phase 2) (Project No. 2559); including $90,000 from Oak Grove Pavement Rehab Phase 2 Project (Fund 266, State Gas Tax SB1 - PJ 2423); $160,000 from Pavement Maintenance Zone 3 (Fund 266, State Gas Tax SB1 - PJ 2443); and $550,000 from Pavement Holding Account (Fund 475, Measure J Local - PJ 2157); and 5 5. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2559 (Phase 2) 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), 15378, 15301, 15302, 15303, 15304 and/or Public Resources Code Section 21065.
f. Considering – accepting and appropriating $830,000 of funds from a One Bay Area Grant (OBAG 3) and $2,835,000 of funds from an Active Transportation Program (ATP) Cycle 6 Grant from Metropolitan Transportation Commission (MTC) for the Willow Pass Road Cycle Track, Project No. 2572. Recommended by the Director of Community Development.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15273, 15378, and/or 15061(b). g. Considering – approval of the Second Amendment to the Professional Services Agreement, Agreement No. 3328, for financial, accounting, and administrative services with Robert Half International, Inc. in the amount of $40,000 for a not-to-exceed amount of $120,000 for the term of this agreement, 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.
CONCORD-PLEASANT HILL HEALTH CARE DISTRICT CONSENT CALENDAR h. Considering – adoption of a Resolution authorizing the Executive Director to disburse funds and execute all attendant documents and agreements for Fiscal Year 2024/25 funding on behalf of the Concord/Pleasant Hill Health Care District (subject to District Counsel approval of contracts), appropriating $320,000 from Concord/Pleasant Hill Health Care District Fund 530 Grants Funds, and accepting and appropriating $25,000 from John Muir Health for administration of the Program and disbursing $210,000 from the Concord/Pleasant Hill Health Care District for one time grant award for FY 2024/25. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15273, 15378, and/or Public Resources Code Section 21065.
4. CITY COUNCIL/PLANNING COMMISSION CONSIDERATION ITEM
The public is entitled to address the City Council/Planning Commission on items appearing on the agenda before or during the City Council’s/Planning Commission’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Participate” above. 6 a. Considering – the following:
1. Preliminary results on the first phase of analysis and community engagement for the Affirmatively Furthering Fair Housing (AFFH) Rezoning Project that implements Program 8.6 of the 2023-2031 Housing Element; and
2. Providing feedback and input on the site selection criteria and methodology and community engagement process to be incorporated into rezoning alternatives. Report by Ben Ulrey, Assistant Planner.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378.
5. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
6. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
a. Announcing – the Mayor’s appointment of two Councilmembers to serve on a Council Ad Hoc Committee to advise on the competitive grant process to implement the six Homeless Strategic Plan strategies; the ad-hoc will exist until final committee recommendations are made to the full Council or until June 11, 2025, whichever is sooner.
7. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 6/25/2024 6:30 p.m.
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 7 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.