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,
June 25, 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. 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 2 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/84592803059?pwd=zBHzMQaOssneVXUExTnG3Uwn5b Zt7Q.X-Jo8Zn-Sfl7v3yI or Zoom Webinar ID: 845 9280 3059 and Passcode: 218460 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
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 Submit Public Comments” above.
3. PRESENTATIONS
a. Presentation – to Yulie Padmore, Port Chicago Alliance, declaring July 17, 2024, as "Port Chicago Naval Magazine National Memorial Day" in the City of Concord to commemorate the 80th Anniversary of the Port Chicago explosion. Presentation by Mayor Birsan.
b. Presentation – of the proceeds from the Mayor's Cup Golf Tournament held May 10, 2024, to Ana Villalobos from the Concord Junior Giants, Jonathan Lee from the Rainbow Community Center, and Jamie Maddox from The First Tee Contra Costa Youth Golf Program. Presentation by Mayor Birsan. c. Presentation – from BCUS Acquisitions LLC (Brookfield Properties), providing an update on the Concord Community Reuse Project for the Concord Naval Weapons Station. Introduction by Guy Bjerke, Director of Economic Development and Base Reuse.
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 Submit Public Comments” above. a. Considering – approval of the minutes from the April 23, 2024, meeting.
Recommended by the City Clerk.
b. Considering – acceptance of improvements for the Hillcrest Park Regional Green Infrastructure Project (City Project No. 2512) and directing the City 4 Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
c. Considering – approval of nine (9) agreements involving annual license, maintenance, purchase and support for Information Technology systems in the total not-to-exceed amount of $1,975,886 for the 2024-25 Fiscal Year; and authorizing the Director of Information Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Information Technology.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. d. Considering – approval of time extensions for 12 Master Services Agreement Amendments for the Community Development Department; and authorizing the City Manager to execute the agreements. Recommended by the Director of Community Development.
CEQA: Not a project/exempt pursuant to Public Resources Coded Section 21065, CEQA Guidelines 15060(c)(2), 15061, 15273, and/or 15378. e. Considering – approval of a Professional Services Agreement with Naviant, Inc. to upgrade services and cover the costs of one-year of software licensing (Fiscal Year 2024-25) for the Citywide Enterprise Document Management System, OnBase, in an amount not to exceed $172,692 which includes a 5% contingency; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Information Technology.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. f. Considering – the following for the Cowell Road Pavement Repair (Project No. 2604) located on Cowell Road from Babel Lane to Ygnacio Valley Road:
1. Award of a Construction Contract in the amount of $1,436,089.67 (Measure V Financing Fund 407) to Radius Earthwork, Inc.; 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
2. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2604 and directing the City Clerk to file a Notice of Completion; and
3. Approval of a related budget transfer and appropriation of $406,000 (Measure J Fund 475) from Pavement Holding Account (Project No. 2157) to 5 Cowell Road Pavement Maintenance (Project No. 2604). 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.
g. Considering – approval of a five-year Master Services Agreement for computer server room colocation, Internet access, and fiber optic connectivity with Astound Broadband for a not-to-exceed amount of $206,723 per year, including a 20% contingency, and a total contract not-to-exceed amount of $1,018,615; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Information Technology.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. h. Considering – adoption of a Resolution updating the City of Concord's Records Retention Schedule and authorizing the destruction of obsolete records, and approval to convert City Policy & Procedure No. 26, Records and Information Management to an Administrative Directive. Recommended by the City Clerk.
i. Considering – adoption of a Resolution calling for and ordering a General Municipal Election and Specifications of the Election Order for the purpose of electing a total of two members of the City Council to seats in Districts 2 and 4, one member for each district, for full terms of four years, and requesting an consenting to the consolidation of said General Municipal Election with the General Election to be held on November 5, 2024. Recommended by the City Clerk.
j. Considering authorization to increase purchasing authority with SCP Distributors LLC dba Lincoln Water Aquatics for water treatment supplies and pool furniture in a not-to-exceed amount of $132,000 fin FY 23-24 and $105,000 in FY 24-25.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, 15323, and/or 15301.
k. Considering – approval of a Professional Services Agreement with TJKM in the not-to-exceed amount of $741,227 for civil engineering design and related services for the Street Lighting and Safety Improvements Project [City Project No. 2695 and Federal Project No. HSIPL-5135(064)]; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney 6 (Funded by Federal Highway Safety Improvement Program Grant, Measure J Local, and Measure V Funds) Recommended by the Director of Community Development.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065 and/or 21080.19, Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(2), 15061(b)(3), and/or 15378.
l. Considering – rejection of all bids submitted for the Civic Center Moat Restoration Project (Project No. 2708); and directing staff to re-advertise the Project for bids. Recommended by the Director of Community Development. m. Considering – the following for the Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618) located in: Zone 1G between Clayton Road and Concord Boulevard and between Heather Drive/Mt. Diablo Creek and Ayers Road, Ayers Road between Clayton Road and Myrtle Dr.; and Zones 1E & 1F between Ayers Road and Kirker Pass Road and between Myrtle Drive and Mt. Diablo Creek:
1. Award of a Construction Contract in the amount $5,413,110 to Ghilotti Bros., Inc., for the Base Bid of Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618); 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 Financing Fund 407);
2. Approval of a Professional Services Agreement with Park Engineering in the not-to-exceed amount of $642,880.63 (base agreement of $584,436.94 plus staff authority to spend up to a 10% contingency of $58,443.69) 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. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618) 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.
n. Considering – acceptance and appropriation of $249,984 of Highway Safety Improvement Program (HSIP) Grant funds from the State of California (State) for RRFB Crosswalk Enhancements at 9 locations (Project No. 2696).
Recommended by the Director of Community Development.
7 CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15237, 15378, and/or 15061(b)(3).
o. Considering – the following for the Residential Pavement Maintenance – Zone 2L (Project Nos. 2626) located between Sunset Avenue and Contra Costa Canal and between Concord Boulevard and Clayton Road:
1. Award a Construction Contract in the amount $1,955,752.10 to Ghilotti Bros., Inc., for the Base Bid and Alternative A Bid for Residential Pavement Maintenance – Zone 2L (Project No. 2626); 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. Approve a related budget transfer of $650,000 (Measure V Financing Fund 407) from Residential Pavement Maintenance – Phase C (Project No. 2606) to Residential Pavement Maintenance – Zone 2L (Project No. 2626); and
3. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance – Zone 2L (Project No. 2626) 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.
p. Considering – adoption of a Resolution authorizing the City Manager to submit, on behalf of the City of Concord, the One Year Action Plan to the U.S.
Department of Housing and Urban Development consistent with the program rules which govern the receipt and expenditure of Community Development Block Grant Funds allocated by the U.S. Department of Housing and Urban Development during Fiscal Year 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. q. Considering – amending a professional services agreement with Ron Dupratt Ford of Dixon for Original Equipment Manufacturer (OEM) parts and factory trained technician service to add $20,000 per year to the contract creating a new not-to-exceed amount of $100,000.00 per fiscal year for three years (Fiscal Year 2024/25/26) and a total contract not-to-exceed amount of $380,000; and authorizing the City Manager to execute the Amendment in a form acceptable to the City Attorney. (Fleet Maintenance Fund) Recommended by the Directo of Public Works.
8 CEQA: Not a project/ exempt per Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378.
5. CITY COUNCIL CONSIDERATION ITEM
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 Submit Public Comments” above. a. Receive – information on the Hope Solutions proposal and consider budgeting $536,535 for Hope Solutions’ proposal to provide 12-units of permanent supportive housing for 5-years at the Valley Motel, located at 3590 Clayton Road, to serve chronically homeless individuals in Concord, funded from $5.2 million of one-time funds that have been set-aside to support implementation of Concord’s Homeless Strategic Plan. Report by Leng Power, Community Services Manager.
CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378 and/or Public Resources Code Section 21065.
6. CITY COUNCIL PUBLIC HEARING
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.
After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Considering – adopting a Resolution pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 approving the issuance of the California Statewide Communities Development Authority Revenue Bonds in an aggregate principal amount not to exceed $850 million for the purpose of financing and refinancing the acquisition, construction, improvement, equipping, renovation, rehabilitation and remodeling of certain capital projects at certain health facilities for John Muir Health and certain other matters relating thereto. Report by Marie Suvansin, Economic Development Manager.
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.
b. Considering – a Resolution adopting the City of Concord’s Two-Year Capital Improvement Program Capital Budget for Fiscal Years (FY) 2025 and 2026 and Five-Year Capital Improvement Plan FY2025-2029. Report by Bernard Enrile, CIP Manager.
9 CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378.
7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to Assembly Member Alex Lee re: Support for AB 2584 (Lee) Single- Family Residential Real Property: Corporate Entity: Ownership dated June 5, 2024.
8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
a Announcing – the Vice Mayor's (in her capacity as presiding officer/acting Mayor) appointment of two Councilmembers to serve on a Council Ad Hoc Committee to advise staff on the development and framework of the Affirmatively Furthering Fair Housing program of the 2023-2031 Housing Element, as needed the ad hoc will exist until final recommendaions are made to the full Council or until September 1, 2025, whichever is sooner. Report by Vice Mayor Obringer
9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 8/13/2024 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 10 meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.