REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JUNE 25, 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 25, 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; Thomas Capriola, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Steeve Voorhies, Director of Recreation Services; Guy Bjerke, Director of Economic Development and Base
Reuse; Carlton Thompson, City Engineer; Craig Blythe, General Services Manager; Bernard Enrile, Senior Civil Engineer; Marie Suvansin, Economic Development Manager; Leng Power,
Community Services Manager; Kit Jory, Parks Manager; Jeff Rayos, Senior Administrative Analyst; Justine Gee, Associate Civil Engineer; Deyuanne Lei, Associate Civil Engineer; Jesse Crawford, Maintenance Superintendent; Aldrich Bautista, Associate Civil Engineer; Andrea Moreira, Senior Administrative Analyst; Joan Ryan, Community Reuse Area Planner; Justin Bosch, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Randy Hopkins, Concord; Glenda Gonzalez, Tenants Council on Monument Impact; Natalie; D’Marco Anthony, Concord;
Randolph Hopkins, Concord; Randy Hopkins, Concord; David Litty, Concord; Janette Kennedy, Loaves & Fishes of Contra Costa; Cora Mitchell, Concord; Leslie Gleason, Trinity Center; Lance Goree, Concord
PUBLIC COMMENT PERIOD
Randy Hopkins, Concord; spoke of Arkansas Governor Sarah Huckabee Sanders’ plan to eliminate taxes and shared her comment “starve the city of money and they’ll do the job they’re supposed to do.”
Glenda Gonzalez, Tenants Council at Monument Impact, introduced members of the Tenants Council at Monument Impact and spoke of their desire to learn about city processes.
Natalie spoke of the discourse over representation and identity.
City Council Minutes June 25, 2024
2 PRESENTATIONS
Mayor Birsan took the next agenda item out of order.
PROCEEDS FROM THE MAYOR’S CUP GOLF TOURNAMENT
Mayor Birsan presented the proceeds from the Mayor’s Cup Golf Tournament held May 10, 2024, to Ana Villalobos, Concord Junior Giants, and Jamie Maddox, The First Tee Contra Cosa Youth Golf Program. Jonathan Lee, Rainbow Community Center, did not attend the meeting.
Mayor Birsan opened a public comment period, and upon receiving no comment, closed the public comment period.
PORT CHICAGO NAVAL MAGAZINE NATIONAL MEMORIAL DAY – July 17, 2024 Mayor Birsan presented Yulie Padmore, Port Chicago Alliance, a proclamation 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.
Mayor Birsan opened a public comment period, and upon receiving no comment, closed the public comment period.
BCUS ACQUISITIONS LLC (BROOKFIELD PROPERTIES) – Update on the Concord Community Reuse Project for the Concord Naval Weapons Station
Director of Economic Development and Base Reuse Guy Bjerke introduced Josh Roden, President/NorCal Land & Housing, Brookfield, who presented an update on the Concord Community Reuse Project for the Concord Naval Weapons Station along with Emily Boyd, Director, Business Strategies, Brookfield.
Following questions from the City Council, Mayor Birsan opened a public comment period.
Randolph Hopkins, Concord, asked about the reduction in lanes on Willow Pass Road.
Natalie emphasized the importance to design around urban forestry.
Mayor Birsan 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.
APPROVE MINUTES – April 23, 2024
A motion was made by Aliano and seconded by Obringer to approve the minutes from the April 23, 2024, meeting. The motion passed by unanimous vote of the Council.
ACCEPT IMPROVEMENTS – Hillcrest Park Regional Green Infrastructure Project (City Project No. 2512) A motion was made by Aliano and seconded by Obringer to accept improvements for the Hillcrest Park Regional Green Infrastructure Project (City Project No. 2512) and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.
City Council Minutes June 25, 2024
3 APPROVE ANNUAL LICENSE, MAINTENANCE, PURCHASE AND SUPPORT AGREEMENTS – Information Technology Systems
A motion was made by Aliano and seconded by Obringer to approve 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 authorize the Director of Information Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
APPROVE TIME EXTENSIONS FOR MASTER SERVICES AGREEMENTS – Community Development A motion was made by Aliano and seconded by Obringer to approve time extensions for 12 Master Services Agreement Amendments for the Community Develoopment Department, and authorize the City Manager to execute the amendments in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
APPROVE AGREEMENT – Naviant, Inc.
A motion was made by Aliano and seconded by Obringer to approve a Professional Services Agreement with Naviant, Inc. to upgrade services and cover the costs of one-year 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 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.
AWARD CONSTRUCTION CONTRACT, ACCEPT IMPROVEMENTS, APPROVE BUDGET TRANSFER AND APPROPRIATION – Cowell Road Pavement Repair (Project No. 2604) A motion was made by Aliano and seconded by Obringer to approve the following for the Cowell Road Pavement Repair (Project No. 2604) located on Cowell Road from Babel Lane to Ygnacio Valley Road:
1. Award a Construction Contract in the amount of $1,436,089.67 (Measure V Financing Fund 407) to Radius Earthwork, Inc.; 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
2. Authorize the City Engineer to accept the improvements upon completion of Project No. 2604 and direct the City Clerk to file a Notice of Completion; and
3. Approve a related budget transfer and appropriation of $406,000 (Measure J Fund 475) from Pavement Holding Account (Project No. 2157) to Cowell Road Pavement Maintenance (Project No. 2604).
The motion passed by unanimous vote of the Council.
APPROVE MASTER SERVICES AGREEMENT – Astound Broadband
A motion was made by Aliano and seconded by Obringer to approve 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 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.
ADOPT RESOLUTION NO. 24-42 – Updating City of Concord Records Retention Schedule and Converting Policy & Procedure No. 26, Records and Information Management, to an Administrative Directive
City Council Minutes June 25, 2024
4 A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-42 entitled, “A Resolution Adopting a Records Retention Schedule Update and Authorizing Destruction of Obsolete City Records.” The motion passed by unanimous vote of the Council.
ADOPT RESOLUTION NO. 24-43 – Calling for and Ordering a General Municipal Election This item was pulled from consideration on the Consent Calendar by Concord resident D’Marco Anthony who requested that election tie breakers be resolved via special election.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Aliano and seconded by Hoffmeister to adopt Resolution No. 24-43 entitled, “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, each for Full Terms of Four Years, and Requesting and Consenting to the Consolidaton of Said General Municipal Election with the General Election to be Held on November 5, 2024.” The motion passed by unanimous vote of the Council.
INCREASE PURCHASING AUTHORITY – SCP Distributors LLC dba Lincoln Water Aquatics A motion was made by Aliano and seconded by Obringer 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 in FY 23-24 and $105,000 in FY 24-25. The motion passed by unanimous vote of the Council.
APPROVE PROFESSIONAL SERVICES AGREEMENT – TJKM
A motion was made by Aliano and seconded by Obringer to approve 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 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.
REJECT ALL BIDS – Civic Center Moat Restoration Project – Project No. 2708 A motion was made by Aliano and seconded by Obringer to reject all bids submitted for the Civic Center Moat Restoration Project (Project No. 2708), and direct staff to re-advertise the project for bids.
The motion passed by unanimous vote of the Council.
AWARD CONSTRUCTION CONTRACT, APPROVE A PROFESSIONAL SERVICES AGREEMENT, AUTHORIZE CITY ENGINEER TO ACCEPT IMPROVEMENTS – Residental Pavement Maintenance – Phase C – Project Nos. 2606 and 2618
A motion was made by Aliano and seconded by Obringer for 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 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); 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;
City Council Minutes June 25, 2024
5 2. Approve 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 authorize 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 direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
ACCEPT AND APPROPRIATE GRANT FUNDS – Highway Safety Improvement Program (HSIP) – Project No. 2696
A motion was made by Aliano and seconded by Obringer to accept and appropriate $249,984 Highway Safety Improvement (HSIP) grant funds from the State of California for RRFB Crosswalk Enhancements at nine locations. The motion passed by unanimous vote of the Council.
AWARD CONSTRUCTION CONTRACT, APPROVE BUDGET TRANSFER, ACCEPT IMPROVEMENTS – Residential Pavement Maintenance – Zone 2L, Project No. 2626 A motion was made by Aliano and seconded by Obringer for the following for the Residential Pavement Maintenance – Zone 2L (Project No. 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); 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;
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 direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
ADOPT RESOLUTION NO. 24-44 – Community Development Block Grants One Year Action Plan A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-44 entitled, “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.” The motion passed by unanimous vote of the Council.
City Council Minutes June 25, 2024
6 APPROVE PROFESSIONAL SERVICES AGREEMENT AMENDMENT – Ron Dupratt Ford This item was pulled from consideration on the Consent Calendar by Concord resident Randolph Hopkins, who expressed his opposition to the amendment.
Mayor Birsan opened a public comment period.
Randy Hopkins, Concord, asked about preferential treatment for local businesses.
Mayor Birsan closed the public comment period.
A motion was made by Aliano and seconded by Obringer to approve an amendment to the 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 authorize the City Manager to execute the amendment in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEM
RECEIVE INFORMATION – Hope Solutions Proposal to Increase Permanent Supportive Housing in Concord
Community Services Manager Leng Power presented the report, providing background information and reviewing the Homeless Strategic Plan core strategies and funding, and explaining that the action requested by Council was to receive information. Community Services Manager Power introduced Deanne Pearn, Chief Executive Officer, Hope Solutions, who explained Hope Solutions Mission, Vision, and Values and programs and reviewed the request to expand the ACCESS Expansion program with the use of the Valley Motel in Concord. She clarified that approximately $245,000 one time capital expenses are needed for the ACCESS Expansion.
Following questions from the City Council, Mayor Birsan opened a public comment period.
The following people spoke in support of the Project:
David Litty, Concord
Janette Kennedy, Loaves and Fishes of Contra Costa
Cora Mitchell
Leslie Gleason, Trinity Center
Lance Goree, Concord
Natalie
Randolph Hopkins spoke in opposition to the Project.
Mayor Birsan closed the public comment period.
Following discussion by the Council, a motion was made by Obringer and seconded by Nakamura to adopt Homeless Strategic Plan seventh strategy Permanent Supportive Motel Housing and allocate $550,000 of available American Resue Plan Act (ARPA) funds for its implementation. The motion passed by unanimous vote of the Council.
Mayor Birsan recessed the meeting at 9:18 p.m. The meeting resumed at 9:28 p.m.
City Council Minutes June 25, 2024
7 CITY COUNCIL PUBLIC HEARINGS
ADOPT RESOLUTION NO. 24-45 – Pursuant to the Tax Equity and Fiscal Responsibility Act (TEFRA) – John Muir Health
Economic Development Manager Marie Suvansin presented the staff report, explaining that the City Council was being requested to consider approving the issuance of up to $850 million of tax-exempt bonds for the purpose of financing and refinancing capital projects at John Muir Health facilities in Concord and Walnut Creek.
Following questions from the City Council Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Aliano and seconded by Hoffmeister to adopt Resolution No. 24-45 entitled, “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.” The motion passed by unanimous vote of the Council.
ADOPT RESOLUTION NO. 24-46 – Two-Year Capital Improvement Program Capital Budget for Fiscal Years (FY) 2025 and 2026 and Five -Year Capital Improvement Plan FY 2025-2029 City Engineer Carlton Thompson introduced CIP Manager Bernard Enrile Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Nakamura and seconded by Aliano to adopt Resolution No. 24-46 entitled, “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 FY 2025-2029.” The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Agenda Item 3.c, PowerPoint
b. Agenda Item 4.a, Benched April 23, 2024, Meeting Minutes c. Agenda Item No. 4.i, Benched Correspondence
d. Agenda Item No. 5.a, PowerPoint
e. Agenda Item No. 5.a, Benched Correspondence
f. Agenda Item No. 5.a, Benched Correspondence from Loaves and Fishes g. Agenda Item No. 5.a, Benched Correspondence received after 3 p.m. on June 25, 2024 h. Agenda Item No. 6.a, PowerPoint
i. Agenda Item No. 6.b, PowerPoint
j. Agenda Item No. 8.a, Benched Correspondence
CLOSED SESSION REPORTS
Senior Assistant City Attorney Thomas Capriola reported that the Council met in Closed Session at 5:30 p.m.on June 25, 2024, on Conference with Legal Council – Anticipated Litigation and Conference with Real Property Negotiators on area within the Concord Community Reuse Plan, and there was no reportable action.
City Council Minutes June 25, 2024
8 COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.
Mayor Birsan announced that because his residence is within 500 feet of properties included in the framework fo the Affirmatively Furthering Fair Housing program of the 2023-2031 Housing Element, he recused himself, turned the meeting over to Vice Mayor Obringer for the next agenda item and remainder of the meeting, and left the dais.
Vice Mayor Obringer appointed Councilmembers Nakamura and Hoffmeister to 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, as needed. The ad hoc will exist until final recommendations are made to the full Council or September 1, 2025, whichever is sooner.
Vice Mayor Obringer opened a public comment period, and upon receiving no public comment, closed the public comment period.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 25, 2024, at 10:25 p.m. /s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK