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Concord City Council
August 27, 2024

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Minutes
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August 27, 2024
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Concord City Council
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REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, AUGUST 27, 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, August 27, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Hoffmeister. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
COUNCILMEMBERS ABSENT: Dominic Aliano
STAFF PRESENT: Valerie Barone, City Manager; Justin Ezell, Assistant City Manager; Susanne Brown, City Attorney; Joelle Fockler, City Clerk; Monique Robinson, Administrative Secretary; Kevin Marstall, Director of Community Development; Karan Reid, Director of Finance; Steve Voorhies, Director of Recreation Services; Carlton Thompson, City Engineer; Donna Lee, Budget and Treasury Officer; Bernard Enrile, CIP Manager; Melissa Rea, Economic Development Specialist; Barbie Gary, Program Manager; Kevin Wheat, Associate Civil Engineer; Tianjun Cao, Associate Civil Engineer; Justin Bosch, Associate Civil Engineer; Aldrich Bautista, Associate Civil Engineer; Justine Gee, Associate Civil Engineer.

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Kay Saeyang, Concord; Antonio, Concord; Michael Jesse, Concord; Odessa LeFrancois, East Contra Costa NAACP;
Jeannette Green; Anonymous

PUBLIC COMMENT PERIOD
Kay Saeyang, Concord, spoke regarding divestment.

Antonio, Concord, apologized for his actions at a previous meeting.

Michael Jesse, Concord, spoke in support of community gardens.

Odessa LeFrancois, East Contra Costa NAACP, was concerned about recent hate speech.

PRESENTATIONS
PROCLAMATION – Cyndie Swainbank Day
Mayor Birsan presented Cyndie Swainbank, Concord, a proclamation 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.

City Council Minutes August 27, 2024
2 Mayor Birsan opened a public comment period.

Jeannette Green spoke in support of Cyndie Swainbank and thanked the Council for recognizing her.

Mayor Birsan closed the public comment period.

BUINESS RECOGNITION AWARDS
BUSINESS RECOGNITION AWARDS – Concord Produce, Pixieland Amusement Park, Roof and Realm, Solano Way Auto Repair, Sunrise Bagel, and Wild Hair Salon Mayor Birsan introduced Economic Development Specialist Melissa Rea, who presented an overview of the program and introduced Greater Concord Chamber of Commerce President/CEO Kevin Cabral, who presented Business Recognition Awards to Concord Produce, Pixieland Amusement Park, Roof and Realm, Solano Way Auto Repair, Sunrise Bagel, and Wild Hair Salon.

Mayor Birsan opened a public comment period, and upon receiving no comment, closed the public comment period.

CONTRA COSTA WATER DISTRICT (CCWD)
Mayor Birsan introduced Ernesto A. Avila, Board President,Contra Costa Water District, who provided an update on CCWD activities.

Following questions from the City Council, Mayor Birsan opened a public comment period, and upon receiving no comment, 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 – June 24, and June 25, 2024
A motion was made by Hoffmeister and seconded by Obringer to approve the minutes from the June 24 and 25, 2024, special meetings. The motion passed by the following vote:

AYES: Hoffmeister, Nakamura, Obringer, Birsan NOES: None ABSENT: Aliano APPROVE TREASURER’S REPORT
This item was pulled from consideration on the Consent Calendar by Councilmember Nakamura, who inquired about the possibility of changing investments.

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 Obringer to approve the Treasurer’s Report for the period April 1 – June 30, 2024. The motion passed by the following vote:

AYES: Hoffmeister, Nakamura, Obringer, Birsan NOES: None ABSENT: Aliano City Council Minutes August 27, 2024
3 ACCEPT IMPROVEMENTS – Willow Pass Road Signal Upgrade Project – Project No. 2538 A motion was made by Hoffmeister and seconded by Obringer to accept improvements for the Willow Pass Road Signal Upgrade Project (Project No. 2538) and direct the City Clerk to file a Notice of Completion. The motion passed by the following vote:

AYES: Hoffmeister, Nakamura, Obringer, Birsan NOES: None ABSENT: Aliano ACCEPT IMPROVEMENTS – Kirker Pass Road Sanitary Sewer Repair Project – Project No. 2536 A motion was made by Hoffmeister and seconded by Obringer to accept improvements for the Kirker Pass Road Sanitary Sewer Repair Project (Project No. 2536) and direct the City Clerk to file a Notice of Completion. The motion passed by the following vote:

AYES: Hoffmeister, Nakamura, Obringer, Birsan NOES: None ABSENT: Aliano AWARD CONSTRUCTION CONTRACT AND APPROVE PROFESSIONAL SERVICES AGREEMENT -– Citywide Traffic System Upgrade Phase Project, Project No. 2574, St. Francis Electric This item was pulled from consideration on the Consent Calendar by Vice Mayor Obringer,who highlighted this opportunity to upgrade the City’s Traffic System.

Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Obringer and seconded by Nakamura to:

1. Award a Construction Contract in the amount of $1,096,980.50 to St Francis Electric, LLC, and authorize staff to utilize the available project contingency for contract change orders up to 20% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make CEQA determination as provided in the staff report;

2. Approve a Professional Services Agreement with Park Engineering in the not-to-exceed amount of $253,000 for construction management and inspection 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 Project No. 2574; and direct the City Clerk to file a Notice of Completion.

The motion passed by the following vote:

AYES: Hoffmeister, Nakamura, Obringer, Birsan NOES: None ABSENT: Aliano APPROVE COMMISSION ON AGING FY 2024-25 AND FY 2025-26 WORKPLAN This item was pulled from consideration on the Consent Calendar by Councilmember Nakamura, who inquired about the interest in housing by the Commission on Aging.

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 Hoffmeister to approve the Commission on Aging FY 2024-25 and FY 2025-26 Workplan. The motion passed by the following vote:

AYES: Hoffmeister, Nakamura, Obringer, Birsan NOES: None ABSENT: Aliano City Council Minutes August 27, 2024
4 ACCEPT IMPROVEMENTS – Whitman Road Sanitary Sewer Improvements Project, Project No. 2513 A motion was made by Hoffmeister and seconded by Obringer to accept 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 direct the City Clerk to file a Notice of Completion. The motion passed by the following vote:

AYES: Hoffmeister, Nakamura, Obringer, Birsan NOES: None ABSENT: Aliano APPROVE PURCHASE–Senior Center
A motion was made by Hoffmeister and seconded by Obringer to 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. The motion passed by the following vote:

AYES: Hoffmeister, Nakamura, Obringer, Birsan NOES: None ABSENT: Aliano APPROVE WIRELESS COMUNICATIONS LICENSE AGREEMENT SECOND AMENDMENT – New Cingular Wireless PCS, LLC
A motion was made by Hoffmeister and seconded by Obringer to approve 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. The motion passed by the following vote:

AYES: Hoffmeister, Nakamura, Obringer, Birsan NOES: None ABSENT: Aliano APPROVE PROFESSIONAL SERVICES AGREEMENT – Chandler Asset Management, Inc A motion was made by Hoffmeister and seconded by Obringer to approve 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 authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by the following vote:

AYES: Hoffmeister, Nakamura, Obringer, Birsan NOES: None ABSENT: Aliano REJECT ALL BIDS – Civic Center Fountain Restoration Project, Project No. 2708 A motion was made by Hoffmeister and seconded by Obringer to reject all bids submitted for the Civic Center Fountain Restoration Project (Project No. 2708), direct staff to re-advertise the project for bids, and approve 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). The motion passed by the following vote:

AYES: Hoffmeister, Nakamura, Obringer, Birsan NOES: None ABSENT: Aliano City Council Minutes August 27, 2024
5 CITY COUNCIL CONSIDERATION ITEM
REVISING POLICY AND PROCEDURE NO. 2.- Defined Mayoral Rotation A motion was made by Birsan and seconded by Obringer to continue the item to the September 10, 2024, City Council meeting. The meeting paased by the following vote:

AYES: Hoffmeister, Nakamura, Obringer, Birsan NOES: None ABSENT: Aliano

CORRESPONDENCE
a. Agenda Item 2.a, Benched Public Comment
b. Agenda Item 3.c, Powerpoint
c. Agenda Item 5.a, Benched Staff Report
d. Agenda Item 5.a, Powerpoint

COUNCIL REPORTS
COUNCIL AD HOC COMMITTEE – Homeless Strategic Plan Grant Award Mayor Birsan appointed Councilmembers Aliano and Nakamura to serve on a Council Ad Hoc Committee to continue 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.

Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

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 August 27, 2024, at 7:58 p.m. in memory of Gary J. Leonard.
/s/
EDI E. BIRSAN
MAYOR
/s/

JOELLE FOCKLER, MMC

CITY CLERK

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