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
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JUNE 11, 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, June 11, 2024, with Mayor Birsan presiding. There was not a Planning Commission quorum, so the Planning Commission did not meet. 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; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Karan Reid, Director of Finance; James Nakayama, Police Captain; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Bruce Davis, Senior Civil Engineer; Mitra Abkenari, Assistant Civil Engineer; Kevin Wheat, Associate Ciivl Engineer; Aldrich Bautista, Associate Civil Engineer; Andrea Moreira, Senior Administrative Analyst; James Peavey, Human Resources Manager; Donna Lee, Budget and
Treasury Officer; Leng Power, Community Services Manager; Mindy Gentry, Planning Manager; Benjamin Ulrey, Assistant Planner
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Kay Saeyang, Concord; Tim McGallian, Concord; Randolph Hopkins, Concord; Megan Nguyen, EBHO; Davina Sriovdom,
EBHO; Rev. Millie Phillips, FAME/EBASE; Eric Haynes; Gregg Syrovatka, Concord
PUBLIC COMMENT PERIOD
Kay Saeyang, Concord, spoke of genocide of Palestinians and asked the Council to divest from Israel to stop genocide.
Tim McGallian, Concord, announced the upcoming 4th of July events.
CITY COUNCIL/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT (CPHHCD) CONSENT
CALENDAR
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
City Council Minutes June 11, 2024
2 CITY COUNCIL CONSENT CALENDAR
REAPPOINTMENT TO THE CONTRA COSTA COUNTY LIBRARY COMMISSION – Tommy Smith A motion was made by Aliano and seconded by Nakamura to approve the reappointment of Tommy Smith as Concord's Representative to the Contra Costa County Library Commission for a four- year term ending June 30, 2028. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 24-40 – Approving Final Map for Subdivision 9585, 1200 Detroit Avenue
A motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 24-40 entitled, “A Resolution Approving the Final Map for Subdivision 9585, 1200 Detroit Avenue (Assessor’s Parcel Number 126-210-048) and Accept, Subject to Improvement, Right-of-Way Improvements and 864 Square Feet of Right-of-Way Offered for Dedication Along Detroit Avenue.” The motion passed by unanimous vote of the Council.
APPROVAL OF 31 MASTER SERVICES AGREEMENTS – Various Consultant Services for Community Development Department
A motion was made by Aliano and seconded by Nakamura to approve 31 Master Services Agreements (MSAs) for various consultant services for the Community Development Department; 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.
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Sedgwick Claims Management Services, Inc.
A motion was made by Aliano and seconded by Nakamura to approve 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 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.
RELIEVING CONTRACTOR OF THEIR BID, AWARD OF A CONSTRUCTION CONTRACT,
APPROPRIATING GRANT FUNDS, APPROVAL OF BUDGET TRANSFERS, AND AUTHORIZING THE CITY ENGINEER TO ACCEPT IMPROVEMENTS UPON PROJECT COMPLETION – Treat Boulevard Pavement Rehabilitation Project (Phase 2) (Project No. 2559) A motion was made by Aliano and seconded by Nakamura for the following:
1. Make 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 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); 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; and make the CEQA determinations as provided in this staff report;
3. Appropriate $140,000 to the project from the Cal Recycle Rubber Grant;
4. Approve 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 City Council Minutes June 11, 2024
3 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. Authorize the City Engineer to accept the improvements upon completion of Project No. 2559 (Phase 2) and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
ACCEPTING AND APPROPRIATING GRANT FUNDS – Willow Pass Road Cycle Track (Project No. 2572)
This item was pulled from consideration on the Consent Calendar by Councilmember Hoffmeister who expressed concern over the bicycle track eliminating an inbound lane on Willow Pass Road.
Vice Mayor Obringer highlighted the crosswalk at Willow Pass and San Vincente that will be improved through this project.
Mayor Birsan opened a public comment period.
Randolph Hopkins, Concord, spoke of bike safety and impacts of the loss of lanes for traffic.
Mayor Birsan closed the public comment period.
A motion was made by Nakamura and seconded by Obringer to accept and appropriate $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. The motion passed by unanimous vote of the Council.
APPROVAL OF A SECOND AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT – Robert Half International, Inc.
A motion was made by Aliano and seconded by Nakamura to approve a 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 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.
CONCORD-PLEASANT HILL HEALTH CARE DISTRICT CONSENT CALENDAR ADOPTION OF RESOLUTION NO. 24-044 – Fiscal Year 2024/25 Funding on Behalf of the Concord/Pleasant Hill Health Care District
A motion was made by Aliano and seconded by Nakamura to adopt Resoluion No. 24-044 entitled, “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 Council Approval of Contracts), Appropriate $320,000 from Concord/Pleasant Hill Health Care District Fund 530 Grants Funds, and Accept and Appropriate $25,000 from John Muir Health for Administration of the Program and Disburse $210,000 from the Concord/Pleasant Hill Health Care District for One Time Grant Award for FY 2024/25.” The motion passed by unanimous vote of the Council.
Mayor Birsan took the next item out of agenda order.
City Council Minutes June 11, 2024
4 COUNCIL REPORTS
MAYOR’S APPOINTMENT OF TWO COUNCILMEMBERS TO SERVE ON A COUNCIL AD HOC COMMITTEE – Homeless Strategic Plan Strategies
Mayor Birsan appointed Councilmembers Aliano and Hoffmeister 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.
CITY COUNCIL CONSIDERATION ITEM
Mayor Birsan recused himself from the City Council Consideration item due to economic interest in real property resulting from proximity to his primary residence and left the dais and the remainder of the meeting. Vice Mayor Obringer governed the remainder of the meeting.
AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) REZONING PROJECT Assistant Planner Ben Ulrey explained the project and introduced Eric Yurkovich, Raimi + Associates, who explained that the City Council was being requested to provide feedback and input on the site selection criteria and methodology and community engagement process to be incorporated into rezoning alternatives; provided background on the rezoning project; shared about the principles to guide future development, criteria to select suitable housing locations, and potential opportunity sites for new housing; and reviewed draft site scoring methodology and potential rezoning sites.
Following questions from the City Council, Vice Mayor Obringer recessed the meeting at 8:30 p.m. The meeting resumed at 8:41 p.m.
Vice Mayor Obringer opened a public comment period.
Megan Nguyen, East Bay Housing Organizations (EBHO), spoke in support of the project.
Davina Sriovdom, EBHO, spoke in support of the project.
Rev. Millie Phillips, FAME/EBASE, stated that there should be direct outreach to the most effected to achieve the goal.
Eric Haynes spoke in support of the project.
Gregg Syrovatka, Concord, stated that the project should focus on raising up lower resource areas.
Vice Mayor Obringer closed the public comment period.
Following discussion, the Council, through consensus, directed staff to exclude the Centre Concord and Concord Pavilion from site consideration, work and engage with community benefit organizations and property owners, and agendize the formation of an Ad Hoc Committee to advise staff on the development and framework of the Affirmatively Furthering Fair Housing program of the 2023- 2031 Housing Element.
CORRESPONDENCE
a. Agenda Item No. 3.f – Willow Pas Road Cycle Track Grant Funds – Benched Correspondence b. Agenda Item No. 4.a – AFFH – Benched Correspondence
c. Agenda Item No. 4.a – AFFH – PowerPoint Presentation City Council Minutes June 11, 2024
5 d. Agenda Item No. 4.a – AFFH – Benched Correspondence Received after 3 p.m. on June 11, 2024
COUNCIL REPORTS (continued)
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 June 11, 2024, at 9:53 p.m. /s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK