1 COUNCILMEMBERS
Dominic D. Aliano, Mayor
Laura M. Hoffmeister, Vice Mayor
Edi E. Birsan
Timothy A. McGallian
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
February 22, 2022
6:30 p.m. - Open Session
Various
telephonic/electronic
locations
Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public, without making available any physical location for the public.
City of Concord Rules: The City of Concord has declared a local state of emergency due to COVID-19 and is closed to the public. This Concord City Council meeting is an essential event, therefore it has not been cancelled. However, City of Concord officials and staff will conduct this meeting telephonically or otherwise electronically. The City will not make available any physical location from which members of the public may observe the meeting and offer public comment. Instead, members of the public may observe and address the meeting remotely.
Below is information on how to do that.
How to Watch the Meeting:
Watch on TV on Comcast Channel 28, Wave Channel 29, and U-verse Channel 99 Watch the TV broadcast through the City’s website by following THIS LINK Watching Live Streaming of the meeting by following THIS LINK How to Submit Public Comments:
Written: All comments received before 3:00 pm the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Councilmembers prior to the meeting.
Email comments to [email protected].
If you are commenting on a particular item on the agenda, please identify the agenda item number and letter.
2 If you are commenting on an item not listed on the agenda, please identify your comment as a General Public Comment.
To Participate in Public Comment During the Meeting:
Staff Reads Your Comments Aloud: When the Mayor opens the public comment period for the relevant agenda item, please email your comments to [email protected] Prominently write “Read Aloud at Meeting” at the top of the email and your comments will be read into the record (not to exceed three minutes at staff’s cadence). Comments received outside of the public comment period for the relevant item will not be read aloud but will be inserted into the meeting record.
Live Remote Public Comments: Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
Join the meeting at any point, but be sure you are in the meeting prior to the City Council consideration of the item on which you would like to provide comments.
From a PC, Mac, iPad, iPhone or Android:
https://cityofconcord.zoom.us/j/82110989369?pwd=NFlFdElvNGo0Q3BpUkVNcStIckpZdz09 oWebinar ID: 821 1098 9369
oPasscode: 254045
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
Each speaker will be afforded up to 3 minutes to speak. Speakers will be muted until their opportunity to provide public comment.
When the Mayor opens a public comment period on the item on which you would like to comment, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide.
3 Open Session
1. OPENING
Roll Call
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. 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 meetings of January 25 and February 1, 2022. Recommended by the City Clerk.
b. Considering – adoption of Ordinance No. 22-1 entitled, "An Ordinance Approving and Adopting a Development Agreement by and between the City of Concord and Coastal Retail Concord, LLC, Regarding the Development of a Cannabis Storefront Retail Business located at 1847 Willow Pass Road, Assessor's Parcel Number 126-360-006 (PL21331 - AA, DA, DR). Ordinance No. 22-1 was introduced on January 25, 2022, by reading of the title only and waiving further reading. Recommended by the City Clerk.
CEQA: Not a project under Public Resources Code 21065, Guidelines Sections 15060(c)(2), 15060(c)(3)15061(b)(3), and/or 15378; and/or, CEQA does not apply under Business and Professions Code Section 26055(h); and/or categorically exempt pursuant to CEQA Guidelines Sections 15301, 15302, 15303, 15304, and/or 15305.
c. Considering – adoption of a Resolution accepting the Public Improvements for Tract 9508, Myrtle Creek Estates Subdivision, Assessor’s Parcel No. 117- 050-008, located on Myrtle Drive at Ayers Road, and releasing the obligation of the bonds posted with the Subdivision Agreement. Recommended by the Director of Community Development.
CEQA: Exempt/not a project pursuant to Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and/or Public Resources Code Section 21065. 4 d. Considering – approval of the purchase of the Rubrik Disaster Recovery and Backup System from ePlus Inc. in an amount not to exceed $457,557.89, including a 15% contingency, in accordance with the City’s technology replacement schedule. (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. e. Considering – approval of a License Agreement with Devaney Engineering, Inc. to allow temporary materials/equipment storage within the City of Concord's property located at the Concord Pavilion for a fee of $1,687 per month for March 2022; authorizing the City Manager to renew or extend the license term; and authorizing the City Manager to sign the agreement in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
CEQA: Exempt per CEQA Guidelines Sections 15301, 15302, 15303, 15304, and/or 15305.
f. Considering – adoption of a Resolution adopting a Notification of Intent to Comply with Senate Bill 1383 regulations, California’s Short-Lived Climate Pollutant Reduction Law. Recommended by the Director of Public Works. g. Considering – the following:
1. Award of a construction contract in the amount of $2,729,071.90 to Interstate Grading & Paving Inc. of South San Francisco for Pavement Maintenance – Zone 3 (Project No. 2443) and authorizing staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney;
2. Approval of a Professional Services Agreement with Quincy Engineering, Inc. in the total not-to-exceed amount of $298,971.20 (base contract amount of $271,792.00 plus staff authorization to spend up to 10% contingency of $27,179.20) to provide construction management, inspection, and materials testing services for Pavement Maintenance – Zone 3 (Project No. 2443); and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney;
3. Approval of a related budget transfer of $400,000 (Measure Q and SB-1 Funds) from Oak Grove Road Pavement Rehabilitation - Phase 2 (Project No. 2423) to Pavement Maintenance – Zone 3 (Project No. 2443) (Project Funded by State Gas Tax, SB-1, and Measure Q Funds). Recommended by the Director of Community Development.
5 CEQA: Exempt per CEQA Guidelines Sections 15301, 15302, 15303, and/or 15304.
4. 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 – support of the Concord Art Association's proposal to complete Phase III of its utility box artwork program by: 1) authorizing use of twenty traffic signal controller boxes located throughout the city for public art; 2) authorizing staff to support the program; and 3) allocating $10,000 from the Art in Public Places fund to support the program. Report by Justin Ezell, Assistant City Manager.
CEQA: Exempt/not a project per CEQA Guidelines Sections 15060(c)(2), 15378, 15061(b)(3), and/or 15300.2.
5. CITY COUNCIL PUBLIC HEARINGS
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 – adoption of a Resolution approving the issuance of tax- exempt revenue obligations by the California Municipal Finance Authority for the purpose of financing the acquisition, rehabilitation, improvement, equipping, and conversion to affordable housing of The Lakes Apartments, a 102-Unit multifamily rental housing project located At 1818, 1819 & 1850 Laguna Street, Concord, California (The “Project”). Report by Sophia Hukabay, Housing Program Analyst.
This public hearing is being held as required by Section 147(f) of the Internal Revenue Code of 1986 (the “Code). Please see “How to Submit Public Comments” above.
CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378 and/or Public Resources Code Section 21065. b. Considering – introduction of an Ordinance amending Concord Municipal Code Chapter 2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) increasing Councilmember compensation by 6 percent (3 percent and 3 percent, not compounded), to $1,433.12 per month, to be effective after the November 2022 City Council election by reading of the title only and waiving further reading. Report by Joelle Fockler, City Clerk.
6 6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
7. REPORTS AND ANNOUNCEMENTS
a. Closed Session Announcements
b. City Manager or Staff Reports
c. Council Reports
8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 3/1/2022 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 meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.