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,
August 27, 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/86275059109?pwd=jSaGdNqYQl5b6BwpsRWv_nEDavj moQ.qSnF8M9JDAAJCFIU or Zoom Webinar ID: 862 7505 9109 and Passcode:
072472
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 5. INTERPRETATION OR WRITTEN TRANSLATION:
OPEN SESSION
1. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 Pledge of Allegiance – Councilmember Hoffmeister
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. a. Written Public Comment
3. PRESENTATIONS
a. Presentation – to Cyndie Swainbank, declaring August 27, 2024, as "Cyndie Swainbank Day" in the City of Concord to acknowledge her work with dumpster management in the Holbrook Heights and Claudia Circle areas.
Presentation by Mayor Birsan.
b. Presentation – of Business Recognition Awards to Concord Produce, Pixieland Amusement Park, Roof and Realm, Solano Way Auto Repair, Sunrise Bagel, and Wild Hair Salon. Overview of program and introduction of recipients by Melissa Rea, Economic Development Specialist. Presentations
1. To access interpretation or written translation during the meeting, please scan the QR Code or click this link:
Para accesar a la traducción durante la reunion, por favor escanee el Código QR o haga clic en el enlace:
https://attend.wordly.ai/join/SYMQ-8840
2. Choose Language and Click Attend
Seleccione su lenguaje y haga clic en asistir
3. Use a headset on your phone for audio or read the transcript on your device.
Use sus auriculares para escuchar el audio o leer la transcipción en el dispositivo.
4 by Kevin Cabral, President/CEO, Greater Concord Chamber of Commerce.
Introduction by Mayor Birsan.
c. Presentation – an update on the Contra Costa Water District by Contra Costa Water District Board President Ernesto A. Avila, P.E. Introduction by Mayor Birsan.
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 June 24, 2024, special meeting and June 25, 2024, special meeting. Recommended by the City Clerk.
b. Receiving – the Treasurer's Report for the period April 1 - June 30, 2024.
Recommended by the City Treasurer.
c. Considering – acceptance of improvements for the Willow Pass Road Signal Upgrade Project (Project No. 2538) and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
d. Considering – accepting improvements for the Kirker Pass Road Sanitary Sewer Repair Project (Project No. 2536); and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
e. Considering – the following actions in relation to the Citywide Traffic System Upgrade Phase Project (Project No. 2574), which will upgrade traffic signal equipment at 45 intersections Citywide:
1. Award of a Construction Contract in the amount of $1,096,980.50 to St Francis Electric, LLC and authorizing Staff to utilize the available project contingency for contract change orders up to 20% of the contract amount; and authorizing 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 Highway Safety Improvements Program Grant Funds, Measure V, and Measure J Funds); and
2. Approval of a Professional Services Agreement with Park Engineering in the not-to-exceed amount of $253,000 for construction management and 5 inspection services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and
3. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2574 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, 15304, and/or Public Resources Code Section 21065.
f. Considering – approval of the Commission on Aging FY 2024-25 and FY 2025-26 workplan. Recommended by the Director of Recreation Services.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, and/or 15378.
g. Considering – acceptance of improvements for the Whitman Road Sanitary Sewer Improvements Project (City Project No. 2513) located on Whitman Road between Gilardy Drive and Oak Grove Road; and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
h. Considering – approval of the purchase of new chairs for the Concord Senior Center from ODP Business Solutions in the amount of $172,075.27 from the funded Recreation Furniture, Fixtures, and Equipment (FFE) Holding Project, CIP #2343. Recommended by the Director of Recreation Services. i. Considering – approval of the Second Amendment to the Wireless Communications License Agreement with New Cingular Wireless PCS, LLC, to license additional space to accommodate the installation of a generator that will support existing cellular equipment at the Toyota Pavilion at Concord, 2000 Kirker Pass Road, increase the amount of the license by $9,000 annually, and authorize the City Manager to execute the Amendment in a form acceptable to the City Attorney. Recommended by the Director of Recreation Services.
CEQA: Categorically exempt pursuant to CEQA Guidelines Sections 15301, 15302, 15303, and/or 15304.
j. Considering – approval of a Three-year Professional Services Agreement with Chandler Asset Management, Inc. for investment management services in the amount of up to $80,000 per year (up to $240,000 for three years); 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.
6 k. Considering:
1. Rejection of all bids submitted for the Civic Center Fountain Restoration Project (Project No. 2708); and directing staff to re-advertise the project for bids.
2. Approve of a budget transfer in the total amount of $300,000 to the Civic Center Fountain Restoration Project (Project No. 2708) from the Meadow Lane & Market Street Paving Project (Fund 407 - Measure V, Project No. 2582) Recommended by the Director of Community Development.
CEQA: Exempt/not a project pursuant to Public Resources Sections 21065, 21080(b)(5), CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15270, 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. Considering – revising Policy and Procedure No. 2 to define the mayoral rotation. Report by Joelle Fockler, City Clerk.
6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
7. 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 make recommendations to Council on Homeless Strategic Plan grant awards; the ad-hoc will exist only until $5,000,000 of grant award recommendations are made to the full Council or until June 11, 2025, whichever is sooner. Report by Mayor Birsan.
8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 9/3/2024 6:30 p.m.
7 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 meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.