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,
April 5, 2022
6:30 p.m. - Open Session
7:00 p.m. – Redistricting Public
Hearing
Council Chamber
1950 Parkside Drive
and various
telephonic/electronic
locations
Pursuant to Elections Code Section 21607.1, Item 5.a, which is the public hearing on the redistricting process, has been noticed with a 7:00 p.m. start time. If the Council is addressing another agenda item when that start time occurs, the Council may first conclude the other item, including any associated public comment.
NOTICE: Members of the City Council, City staff/consultants, and the public will be able to participate either in-person or remotely via Zoom.
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. Tonight’s meeting will be conducted both in-person and remotely via Zoom.
How to Watch the Meeting:
Watch on TV on Comcast Channel 28, Astound 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 Join the Zoom webinar by following THIS LINK
For meeting interpretation from English to Spanish during the meeting, please join the meeting Zoom webinar by following THIS LINK.
Para traducción de Ingles a Español durante esta junta, por favor entre a la junta de Zoom usando ESTE ENLACE.
2 How to Submit Public Comments:
Please note that emailed comments will not be read aloud by staff.
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.
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:
Please note that emailed comments will no longer be read aloud by staff.
In-Person Comments: Blue Speaker Identification Cards are located near the Council Chamber entrance. Please complete a Speaker Card and give it to the City Clerk prior to the agenda item you wish to speak on and preferably prior to the Council meeting. When the Mayor opens a public comment period, the City Clerk will call speakers to provide comment in the order the Speaker Cards are received. Should you have any questions after consulting the Speaker Identification Card, please contact the City Clerk prior to the start of the Council meeting.
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/87425472806?pwd=UENEbjU5SUJ6NXVvd0lDaE5lakxuUT09 oWebinar ID: 874 2547 2806
oPasscode: 283525
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 called upon to speak, speakers will be promoted to panelists so they have the ability to turn on their cameras so they are visible to the Council and public.
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
Pledge to the Flag - Councilmember Birsan
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 – of Business Recognition Awards to Athens Administrators, Las Montañas Supermarkets, and Early Alert Canines. Overview of program and presentations by Robert Carrera, Economic Development Specialist.
Introduction by Mayor Aliano
b. Presentation – by Kimberli Buckley, Senior Community Library Manager, Concord Library, on the Children's Room. Introduction by Mayor Aliano.
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 March 1 and March 8, 2022, meetings. Recommended by the City Clerk.
b. Considering – adoption of a Resolution approving and ratifying a side letter of agreement with the Teamsters Local 856 amending Section 9.6 - Night Shift Premium Pay of the Memorandum of Understanding executed by the Director of Human Resources in her/his capacity as the City Manager’s designee. Recommended by the Director of Human Resources. c. Considering – approval of an Amendment to the Professional Services Agreement, CCA-5893, with Arisa Group, dba as Cendien Consulting, for support and maintenance of the Lawson Enterprise Resource Planning software in the amount of $150,000, for a not to exceed amount of $375,000 (including costs of past work); and authorizing the City Manager to execute 4 the amendment in a form approved by the City Attorney. (General Fund) Recommended by the Director of Information Technology.
5. 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 – draft plans and/or the Proposed Final draft map drawn by the independent demographer for the purpose of redistricting Council election districts, and potentially providing direction on refinements thereto; adopting an Ordinance of the City of Concord Amending Concord Municipal Code Chapter 2.35 (Elections) to permit the district boundaries for “By Districts” Elections to be established by Resolution; and adopting a resolution establishing district boundaries for “By District” City Council elections. Report by Justin Ezell, Assistant City Manager.
CEQA: Exempt under CEQA Guidelines Sections 15320, 15378, and 15061(b)(3).
b. Considering – introduction of an Ordinance requiring electronic filing of campaign finance disclosure statements by reading of the title only and waiving further reading. Report by Joelle Fockler, City Clerk.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060, 15061, and/or 15378.
6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to Hon. Eduardo Garcia, Chair, Assembly Utilities and Energy Committee RE: AB 1814 (Grayson) SUPPORT - March 18, 2022 b. Letter to Senator Steve Glazer and Assemblymember Tim Grayson RE:
Community Support for the 2022 State Budget Requests from the City of Concord - March 18, 2022
c. Letter to Senator Steve Glazer RE: Support of Senate Bill 843 (Glazer) Renters Tax Credit - March 22, 2022
7. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
5 a. Council Reports
Considering – the formation of a Council Ad Hoc Committee to advise the City Manager on Federal legislative efforts for the remainder of calendar year 2022. Report by Mayor Aliano.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262, and/or 15378.
8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 4/12/2022 6:30 p.m.
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.
Business Recognition Awards
APRIL 5, 2022
1 3.a
Introduction
2 ROBERT CARRERA, ECONOMIC DEVELOPMENT SPECIALIST, CITY OF CONCORD
Presentation of Awards
3 MELISSA REA, DIRECTOR OF OPERATIONS AND MARKETING, GREATER CONCORD CHAMBER OF COMMERCE
EARLY ALERT CANINES
4 INNOVATION
ATHENS ADMINISTRATORS
5 LONGEVITY , EMPLOYMENT , COMMUNITY IMPACT
LAS MONTAÑAS SUPERMARKETS
6 LONGEVITY , EMPLOYMENT
Congratulations
7
Concord Library
C hil dr en’s R oom R efr esh
Januar y 2022
C it y of C oncor d &
C ont r a C ost a C ount y L ibr ar y
C ol l abor at ion
3.b
A dream and a vision:
a year in t he m aking
2
Before
Before
“
5 ▸ Colorful
▸ Ins pirat ional
▸ Wa rm
▸ Invit ing
▸ Engaging
The Process
6
The Process
7
The Process
8
The Process
9
Halfway There!
10 Painting the Room
Carpeting Empty SpacesPage 10 of 15
The New Shelves!
11
Looking Good!
12
Looking Good!
13
Ribbon Cutting
C er em ony
14
15 Th a n k YOU!
Many thanks to everyone that helped to coordinate this project! Our new children’s room is such a warm and inviting space now and there’s a real feeling of joy and happiness when you walk into the room ♥♥♥
1 REGULAR MEETING OF THE
CONCORD CITY COUNCIL/CITY COUNCIL
SITTING AS THE LOCAL REUSE
AUTHORITY/CITY COUNCIL SITTING AS THE
CONCORD-PLEASANT HILL HEALTH CARE
DISTRICT
VARIOUS ELECTRONIC LOCATIONS
TUESDAY, MARCH 1, 2022
The Concord City Council met in a regular meeting via various electronic locations at 6:30 p.m. on Tuesday, March 1, 2022, with Mayor Aliano presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT VIA
VARIOUS ELECTRONIC LOCATIONS: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT VIA VARIOUS
ELECTRONIC LOCATIONS: Valerie Barone, City Manager; Thomas Capriola, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Neetu Salwan, Deputy City Clerk; Israel Mora, Executive Assistant; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; William Tarbox, Director of Public Works; Jasmin Loi, Director of Human Resources; Jennifer Ortega, Community Relations Manager; Craig Blythe, Administrative Services Manager; Bruce Davis, Interim City Engineer; Bernard Enrile, CIP Manager; Aldrich Bautista, Associate Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Natalie; George Fulmore; Erik Owens; Mariah Lauritzen; Ady Olvera; Judi Herman, Concord; Betty Gabaldon; Karely Ordaz; Millie Phillips; Guadalupe, Concord; Laura Nakamura, Concord; Alex Navarro; Debra Ballinger, Monument Impact; Caroline Koorn, Concord; D’Marco Anthony, Concord; Hope Johnson; Dave Campbell, Bike East Bay; Bruce Olsen
PUBLIC COMMENT PERIOD
Natalie spoke of the need for a mobile shower program for the unhoused and called for all Councilmembers to donate to help and support Ukraine at razomforukraine.org.
George Fulmore requested that the City Council adopt an ordinance limiting rent increases to the consumer price index.
The following people spoke of the recent death of cyclist Jose Castillo and in favor of increased bicycle and pedestrian safety in Concord:
Erik Owens
Mariah Lauritzen
Ady
4.a4.a
City Council Minutes March 1, 2022
PRESENTATION
PROCLAMATION - RED CROSS MONTH
Mayor Aliano presented Trish Beirne, American Red Cross Northern California Coastal Region Leadership Council, a proclamation declaring March 2022 as “Red Cross Month” in the City of Concord.
Following questions from the City Council, Mayor Aliano opened a public comment period.
Natalie, urged the Council and the public to donate to help and support Ukraine at razomforukraine.org.
Mayor Aliano closed the public comment period.
The next agenda item, Agenda Item No. 6.a, was heard out of agenda order because it was 7 p.m. and the Redistricting Public Hearing was noticed to begin at 7 p.m.
CITY COUNCIL PUBLIC HEARING
REDISTRICTING PROCESS – PUBLIC HEARING NO. 4
INTRODUCE ORDINANCE NO. 22-3 AMENDING CONCORD MUNICIPAL CODE CHAPTER 2.35 (ELECTIONS)
Assistant City Manager Justin Ezell presented the staff report, explaining that the public hearing was one of the at least four legally-required public meetings to inform the public about the redistricting process and receive community input on how to redraw the boundaries of the voting districts, and the Council was being requested to provide direction to the City’s independent demographer on refinements to the draft plans, and introduce an Ordinance amending the Concord Municipal Code to permit district elections to be established by Resolution by reading of the title only and waiving further reading. Mr. Ezell introduced demographer Michael Wagaman, who reviewed the proposed maps.
Following questions from the City Council, Mayor Aliano opened a public comment period The following people spoke/emailed in support of Map 3 or 3a:
Judi Herman, Concord
Betty Gabaldon
Millie Phillips
Guadalupe, Concord
Laura Nakamura, Concord
Alex Navarro, email
Debra Ballinger, Monument Impact
George Fulmore, stated that District 3 should find a representative and get them on the ballot.
Karely Ordaz stated that communities of interest should be kept together.
Ady spoke in support of Map 3.
Caroline Koorn, Concord, emailed in support of Map 3a.
D’Marco Anthony, Concord, emailed stating that as a District 5 resident he prefers Babel Lane as a boundary between Districts 4 and 5.
City Council Minutes March 1, 2022
Mayor Aliano closed the public comment period.
Following Council comments, a motion was made by Birsan and seconded by McGallian to introduce Ordinance No. 22-3 as amended and benched entitled, “An Ordinance of the City of Concord Amending Concord Municipal Code Chapter 2.35 (Elections) to Permit the District Boundaries for ‘By Districts’ Elections to be Established by Resolution” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
The City Council directed staff to finalize Map 3a with slight revisions to Districts 4 and 5 boundaries from Babel Lane to Markham Nature Area on La Vista Avenue and return for adoption by Resolution on April 5, 2022.
The Meeting Agenda order resumed.
PRESENTATION
PROCLAMATION – PRESCRIPTION DRUG ABUSE AWARENESS MONTH
Mayor Aliano presented April Rovero, Chair of the Contra Costa County MEDS Coalition, and Nardos Darkera, Monument Youth Drug & Alcohol Coalition Coordinator, a proclamation declaring March 2022 as “Prescription Drug Abuse Awareness Month” in the City of Concord.
Following questions from the City Council, Mayor Aliano opened a public comment period.
Natalie spoke of being prescribed dangerous prescription drugs when she didn’t need them.
Laura Nakamura thanked April Rovero and Nardos Darkera for their work in the community.
Hope Johnson spoke of the lobbying by pharmaceutical companies.
Mayor Aliano closed the public comment period.
CITY COUNCIL/LOCAL REUSE AUTHORITY/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT
CONSENT CALENDAR
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
ADOPT RESOLUTION NO. 22-9 – Downtown Landscape Maintenance District A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-9 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Downtown Landscape Maintenance District.” The motion passed by unanimous vote of the Council.
ADOPT RESOLUTION NO. 22-10 – Pine Hollow Landscape and Lighting Maintenance District A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-10 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Pine Hollow Landscape and Lighting Maintenance District.” The motion passed by unanimous vote of the Council.
ADOPT RESOLUTION NO. 22-11 – Landscape and Lighting Maintenance District No. 3 A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-11 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Landscaping and Lighting Maintenance District No. 3.” The motion passed by unanimous vote of the Council.
City Council Minutes March 1, 2022
ADOPT RESOLUTION NO. 22-12 – Citywide Street Lighting Assessment District A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-12 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Citywide Street Lighting Assessment District.” The motion passed by unanimous vote of the Council.
ADOPT RESOLUTION NO. 22-3493.1 – Maintenance and Lead Maintenance Collection System Worker Classifications
A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-3493.1 entitled, “A Resolution Approving the Creation of the Maintenance Collection System Worker Classification Assigned to Pay Grade 9-6562 Field and Operations Unit and the Lead Maintenance Collection System Worker Classification, Assigned to Pay Grade 10-6552 Field and Operations Unity, and Amending the City’s Salary Schedule to Include the Maintenance Collection System Worker with an Annual Salary Range of $63,270 to $80,850 and the Lead Maintenance Collection System Worker with an Annual Salary Range of $68,750 to $87,236.” The motion passed by unanimous vote of the Council.
ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-13, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-35, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-026 – Continue Meetings Remotely, AB 361
This item was pulled from consideration on the Consent Calendar by Concord resident Hope Johnson, who commented that the City Council should go back to meeting in person sooner than April 5th.
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Hoffmeister and seconded by Birsan to adopt Resolution No. 22-13, Local Reuse Authority Resolution No. 22-35, and Concord/Pleasant Hill Health Care District Resolution No. 22- 026 entitled, “A Resolution Declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, Standing City Council Subcommittees, and all City Boards, Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by unanimous vote of the Council.
Mayor Aliano recessed the meeting at 8:54 p.m. The meeting resumed at 9:00 p.m.
CITY COUNCIL CONSIDERATION ITEM
APPROVAL OF FIVE PROFESSIONAL SERVICES AGREEMENTS FOR RESIDENTIAL PAVEMENT DESIGN, PHASE A – Pavement Engineering
Director of Community Development Kevin Marstall presented the staff report, explaining that Residential Pavement Design, Phase A, will rehabilitate pavement in six residential neighborhoods and that work will also include concrete curb ramps, monument preservation, adjustment of utilities, signage, and pavement striping restoration. He confirmed that engineering design services are needed to initiate project design and to develop plans, specifications, and construction cost estimates, and that after a competitive process, staff recommended Pavement Engineering, Inc. (PEI) to provide design engineering services, and noted that PEI has extensive experience in the design of pavement improvement projects.
Following questions from the City Council, Mayor Aliano opened a public comment period.
Dave Campbell, Bike East Bay, asked about meetings to incorporate walking and bicycle safety into designs for these projects.
Erik Owens spoke of making streets safer for bicycles.
City Council Minutes March 1, 2022
Laura Nakamura requested infrastructure improvements for pedestrian and bicycle safety whenever there are street improvements
Mayor Aliano closed the public comment period.
Following comments by the Council, a motion was made by Birsan and seconded by Obringer to approve the following for Residential Pavement Design Phase A, and authorize the City Manager to execute the agreements in a form acceptable to the City Attorney:
(1) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $272,981 (base agreement of $248,165 plus staff authority to spend up to a 10% contingency of $24,816) to provide design engineering and related services for the Pavement Maintenance - Zone 1B (Project No. 2516);
(2) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $324,593 (base agreement of $295,085 plus staff authority to spend up to a 10% contingency of $29,508) to provide design engineering and related services for the Pavement Maintenance - Zones 2B & 2E (Project No. 2517);
(3) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $305,437 (base agreement of $277,670 plus staff authority to spend up to a 10% contingency of $27,767) to provide design engineering and related services for the Pavement Maintenance - Zone 3B (Project No. 2561);
(4) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $196,504 (base agreement of $178,640 plus staff authority to spend up to a 10% contingency of $17,864) to provide design engineering and related services for the Pavement Maintenance - Zone 4Q (Project No. 2562); and
(5) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $211,931 (base agreement of $192,665 plus staff authority to spend up to a 10% contingency of $19,266) to provide design engineering and related services for the Pavement Maintenance - Zone 5L (Project No. 2563).
The motion passed by unanimous vote of the Council.
PUBLIC COMMENT (Continued from the beginning of the meeting) Laura Nakamura, spoke of the death of Jose Castillo and requested that the City divest from involvement with Russia and support and welcome people from Ukraine.
Bruce Olsen, emailed requesting sidewalks for pedestrians, a motor vehicle traffic lane in each direction on the street, a bicycle traffic lane in each direction on the street, and dividing up additional space in transportation rights-of-ways to things like landscaping and divider medians or bus or electric vehicle lanes.
CORRESPONDENCE
a. PowerPoint Presentation, Agenda Item No. 5.a – Residential Pavement Design, Phase A b. Benched Attachment 4, Agenda Item No. 6.a – Redistricting c. Benched Correspondence, Agenda Item No. 6.a – Redistricting d. PowerPoint Presentation, Agenda Item No. 6.a – Redistricting
CLOSED SESSION REPORT
Senior Assistant Thomas Capriola reported that on February 1, 2022, during a Closed Session agenda item entitled: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Joshua Robertson v. City of Concord et al. United States District
City Council Minutes March 1, 2022
Court, Northern District of California, Case No. 19-01918 Si, the City Council, by a unanimous vote (Ayes:
Aliano, Hoffmeister, Birsan, McGallian, Obringer, Nays: None) approved a tentative agreement to resolve plaintiff’s civil rights lawsuit for a total payment of $75,000 plaintiff and his attorneys. The District Court approved and entered the dismissal of this action with prejudice on February 17, 2022.
COUNCIL REPORTS
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 March 1, 2022, at 9:35 p.m.
DOMINIC ALIANO
MAYOR
JOELLE FOCKLER, MMC
CITY CLERK
1 REGULAR MEETING OF THE
CONCORD CITY COUNCIL
VARIOUS ELECTRONIC LOCATIONS
TUESDAY, MARCH 8, 2022
The Concord City Council met in a regular meeting via various electronic locations at 6:30 p.m. on Tuesday, March 8, 2022, with Mayor Aliano presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT VIA
VARIOUS ELECTRONIC LOCATIONS: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT VIA VARIOUS
ELECTRONIC LOCATIONS: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Neetu Salwan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; William Tarbox, Director of Public Works; Mark Bustillos, Chief of Police; Steve Voorhies, Director of Parks and Recreation; Guy Bjerke, Director of Economic Development and Base Reuse; Bruce Davis, Interim City Engineer; Bernard Enrile, CIP Manager; Kevin Wheat, Associate Civil Engineer; Kylie Hicks, Budget Analyst
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: George Fulmore; Hope Johnson, Concord; Ady; Cora Mitchell; Natalie
PUBLIC COMMENT PERIOD
George Fulmore spoke of unsafe intersections in Concord.
Hope Johnson, Concord, spoke of the Council not bringing up issues like violent crimes in Concord during Council Reports during Council meetings.
Ady spoke of the work she is doing with and needed services for the City’s unhoused.
PRESENTATION
2022 CITIZEN SATISFACTION AND ARPA PRIORITIES SURVEY – Bryan Godbe Mayor Aliano introduced Bryan Godbe, Godbe Research, who gave a presentation on the 2022 Citizen Satisfaction and ARPA Priorities Survey.
Following questions from the City Council, Mayor Aliano opened a public comment period.
George Fulmore inquired about the percentage of replies by zip code.
Ady asked for a breakdown of responses by demographics.
Hope Johnson, Concord, asked for a breakdown of responses by District.
Mayor Aliano closed the public comment period.
City Council Minutes March 8, 2022
TREASURER’S REPORT – October 1 – December 31, 2021
City Treasurer Patti Barsotti presented the Investment Report for the period October 1 – December 31, 2021.
Following questions from the City Council, Mayor Aliano opened a public comment period.
George Fulmore commented that the City has a large cash balance and it should be spent down.
Mayor Aliano closed the public comment period.
A motion was made by Hoffmeister and seconded by Birsan to receive the Treasurer’s Report for the period October 1 – December 31, 2021. The motion passed by unanimous vote of the Council.
CONSENT CALENDAR
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF MEETING MINUTES – February 22, 2022
A motion was made by Hoffmeister and seconded by Obringer to approve the minutes from the February 22, 2022, meeting. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 22-14 – National Pollutant Discharge Elimination System (NPDES) A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 22-14 entitled, “A Resolution Authorizing the Contra Costa County Flood Control and Water Conservation District to Establish an Annual Parcel Assessment for FY 2022-23 for Drainage Maintenance and National Pollutant Discharge Elimination System (NPDES) Program.” The motion passed by unanimous vote of the Council.
APPOINTMENT AS CITY’S REPRESENTATIVE TO CENTRAL CONTRA COSTA TRANSIT AUTHORITY ADVISORY COMMITTEE – Robert Barnes
This item was pulled from consideration on the Consent Calendar by Concord resident Hope Johnson who inquired why applications were not included with the staff report for the item.
Mayor Aliano 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 McGallian to appoint Robert Barnes as the City of Concord’s representative to the Central Contra Costa Transit Authority Advisory Committee (County Connection) for a term ending December 31, 2024. The motion passed by unanimous vote of the Council.
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT – LCC Engineering & Surveying, Inc.
This item was pulled from consideration on the Consent Calendar by Councilmember Obringer who highlighted that the project is for Zone FJ that includes residential streets immediately south of Hillcrest Community Park and north of Solano Way, including streets such as Overhill Road, Hilltop Road, and Avon Avenue, and that the design efforts are expected to be completed by December 2022 with construction beginning in spring 2023.
City Council Minutes March 8, 2022
Mayor Aliano 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 Hoffmeister to approve a Professional Services Agreement with LCC Engineering & Surveying, Inc. of Martinez, California, in the not-to-exceed amount of $275,684.20 (base agreement of $250,622 plus staff authority to spend up to a 10% contingency of $25,062.20) to provide design and related services for Pavement Maintenance – Zone FJ Project (Project No. 2526); 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.
CONSIDERATION ITEM
FISCAL YEARS 2021-22 AND 2022-23 MID-YEAR BUDGET ADJUSTMENTS Budget Officer Donna Lee presented the staff report, reviewing the Council Priority Focus Areas and Tier 1 and Tier 2 Priorities; providing a prior year and current year budget overview, including General Fund and Measure V and the recommended mid-year budget adjustments for FYs 2021-22 and 2022-23); reviewing the General Fund long-range financial forecast, and requesting adoption of a Resolution amending the FY 2021-22 and 2022-23 Municipal Budgets and update to the long-range financial forecast, adoption of a Resolution adopting the City of Concord’s Salary Schedule effective November 15, 2021, and adoption of a Resolution amending Policy and Procedure No. 31 – Budget Appropriation Transfer Controls.
Following questions from the City Council, Mayor Aliano opened a public comment period.
George Fulmore stated that there needs to be more transparency regarding the way budget funds are spent.
Cora Mitchell spoke of lack of GARE assessments on presentations.
Ady asked to have funds go toward social services, social workers, and housing staff to solve housing issues.
Hope Johnson stated that due to the doubled regressive sales tax approved by Measure V affects the underserved the most.
Natalie spoke of the Concord Police Department’s Instagram Account not being accessible to all.
Mayor Aliano closed the public comment period.
Following comments by the City Council, a motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 22-15 entitled, “A Resolution Amending the Fiscal Years 2021-22 and 2022-23 Municipal Budgets and Update to the Long-Range Financial Forecast” with revisions to Exhibit A to reduce Parks/Medians Maintenance Projects by $150,000 and appropriate and transfer $150,000 to General Fund to fund one Code Enforcement Officer (ongoing), and to allocate $2.4 million (one time) to reserve for needs of unhoused (to be determined at a later date). The motion passed by unanimous vote of the Council.
A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 22-4735.1 entitled, “A Resolution Adopting the City of Concord’s Salary Schedule Effective November 15, 2021, in Accordance with the Requirements of California Public Employees Retirement System (CalPERS) for a Publicly Available Pay Schedule.” The motion passed by unanimous vote of the Council.
Staff was directed to make modifications to Policy and Procedure No. 31 – Budget Appropriation Transfer Controls and return to a future City Council meeting for approval by Resolution.
City Council Minutes March 8, 2022
CORRESPONDENCE
a. PowerPoint Presentation – Agenda Item No. 3.a, 2022 Citizen Satisfaction and ARPA Priorities Survey
b. PowerPoint Presentation – Agenda Item No. 6.a, Fiscal Year 2021-22 Mid-Year Budget Update
CLOSED SESSION REPORT
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
One potential case.
The City Council by a unanimous vote (Ayes: McGallian, Aliano, Birsan, Hoffmeister, Obringer; Nays: None) authorized the City Manager to execute settlement agreements with defendant opioid distributors AmerisourceBergen, Cardinal Health, and McKesson (“Distributors”) and one manufacturer, Janssen Pharma (“Janssen”) in the case In Re National Prescription Opiate Litigation, United States District Court for the Northern District of Ohio, MDL No. 2804. On February 25, 2022, Defendants approved the settlement agreements with participating states and local government subdivisions across the country.
COUNCIL REPORTS
It was the consensus of the Council to direct staff to post CORE success stories on the City’s website.
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 March 8, 2022, at 10:39 p.m.
DOMINIC ALIANO
MAYOR
JOELLE FOCKLER, MMC
CITY CLERK
Staff Report
Date: April 5, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Jasmin Loi, Director of Human Resources
Prepared by: James Peavey, Human Resources Manager
[email protected]
(925) 671-3397
Subject: Considering adoption of a Resolution approving and ratifying a side letter of agreement with the Teamsters Local 856 amending Section 9.6 - Night Shift Premium Pay of the
Memorandum of Understanding executed by the Director of Human Resources in her/his capacity as the City Manager’s designee.
Report in Brief
Adoption of the proposed resolution will approve and ratify a side letter of agreement with the Teamsters Local 856 amending Section 9.6 - Night Shift Premium Pay of the memorandum of understanding executed by the Director of Human Resources in her/his capacity as the City Manager’s designee.
Recommended Action
Adopt a resolution (Attachment 1) approving and ratifying a side letter of agreement with the Teamsters Local 856 amending Section 9.6 - Night Shift Premium Pay of the memorandum of understanding executed by the Director of Human Resources in her/his capacity as the City Manager’s designee (Exhibit B to Attachment 1).
Background
The Human Resources Department is responsible for negotiating, implementing, managing and–if necessary–modifying memoranda of understanding between the City of Concord and the unions that represent varied employee classifications.
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City Council Agenda Report
Agenda Item No. 4.b
April 5, 2022
On November 8, 2021, the City of Concord and the Teamsters Local 856 reached a tentative agreement regarding a successor memorandum of understanding (Exhibit A to Attachment 1). Per the tentative agreement, the City of Concord and the Teamsters Local 856 agreed to jointly explore the possibility of adjusting the night shift premium pay section of the memorandum of understanding. At its December 6, 2021 meeting, Council approved a resolution approving the tentative agreement and successor memorandum of understanding.
Human Resources Department staff met and conferred with Teamsters Local 856 representatives and reached an agreement to amend the night shift premium pay section of the memorandum of understanding; specifically, (1) increasing the rate of the night shift premium pay for Dispatcher II, Lead Dispatcher and Forensic Specialist II from $1.80 per hour above base salary to $2 per hour above base salary, (2) increasing the rate of the graveyard shift premium pay for Dispatcher II, Lead Dispatcher and Forensic Specialist II from $2 per hour above base salary to $2.50 per hour above base salary, (3) increasing the rate of the night shift premium pay for all other Teamsters Local 856 represented classifications from $1.60 per hour above base salary to $2 per hour above base salary and (4) increasing the rate of the graveyard shift premium pay for all other Teamsters Local 856 represented classifications from $1.80 per hour above base salary to $2.50 per hour above base salary.
By increasing the night shift premium pay and increasing the graveyard shift premium pay, the City of Concord will be in market alignment with other local agencies; and therefore, the City of Concord will be more competitive in recruiting and retaining qualified staff.
Analysis
The City of Concord recognizes that working night shifts can be take a toll on employees and thus believes night shift work is worthy of premium pay. The City of Concord also recognizes that certain night shifts (e.g., the graveyard shift) take a greater toll on employees in comparison with other night shifts. Therefore, the City of Concord has historically paid its employees varied premium pays for working corresponding varied night shifts.
Additionally, recruiting qualified candidates and retaining qualified employees who are willing and able to work night shifts has become more challenging due to other agencies providing elevated night shift premium pay. Losing qualified candidates and qualified employees to other agencies places the City of Concord at risk of not having qualified employees who are willing and able to work night shifts.
Classifications that are anticipated to be affected are Police Dispatcher I, Police Dispatcher II, Lead Dispatcher, Forensic Specialist II, Community Service Officer, Police Records Clerk III and Sweeper Operator.
City Council Agenda Report
Agenda Item No. 4.b
April 5, 2022
Financial Impact
The recommended adoption of the proposed resolution will have an estimated increased impact in Fiscal Year 2021-22 of $3,000 and an estimated increased impact in Fiscal Year 2022-23 of $12,000.
Public Contact
The City Council Agenda was posted and public hearing notices were published in accordance with applicable law.
Attachments
1. Resolution
Exhibit A: Tentative Agreement
Exhibit B: Side Letter
Res. No. xx-xx 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving and Ratifying a Side Letter
of Agreement with the Teamsters Local 856
Amending Section 9.6 – Night Shift Premium Pay of
the Memorandum of Understanding Executed by the
Director of Human Resources in Her/His Capacity as
the City Manager’s Designee
Resolution No. 22-XX
/
WHEREAS, on November 8, 2021, the City of Concord and the Teamsters Local 856 reached a tentative agreement regarding a successor memorandum of understanding as set forth in Exhibit A, Tentative Agreement between the City of Concord and the Administrative, Technical & Clerical Representation Unit Public Employees’ Union, Teamsters Local 856, and the Field & Operations Representation Unit Public Employees’ Union Teamsters Local 856, November 8, 2021; and WHEREAS, per the tentative agreement, the City of Concord and the Teamsters Local 856 agreed to jointly explore the possibility of adjusting Section 9.6 - Night Shift Premium Pay of the memorandum of understanding; and
WHEREAS, City of Concord staff met and conferred with Teamsters Local 856 representatives and reached an agreement to amend Section 9.6 - Night Shift Premium Pay of the memorandum of understanding; specifically, (1) increasing the rate of the night shift premium pay for Dispatcher II, Lead Dispatcher and Forensic Specialist II from $1.80 per hour above base salary to $2 per hour above base salary, (2) increasing the rate of the graveyard shift premium pay for Dispatcher II, Lead Dispatcher and Forensic Specialist II from $2 per hour above base salary to $2.50 per hour above base salary, (3) increasing the rate of the night shift premium pay for all other Teamsters Local 856 represented classifications from $1.60 per hour above base salary to $2 per hour above base salary and (4) increasing the rate of the graveyard shift premium pay for all other Teamsters Local 856 represented classifications from $1.80 per hour above base salary to $2.50 per hour above base salary as set forth in Exhibit B, Letter of Agreement between the City of Concord and the Teamsters Local 856; and
Attachment 1
Res. No. xx-xx 2
WHEREAS, Council, after giving all public notices required by State law and Concord Municipal Code, held a duly noticed public hearing on April 5, 2022, to consider this action; and WHEREAS, at such public hearing, Council considered all oral and written testimony, materials and information received, including oral and written responses from City staff given on or dated April 5, 2022, all attachments thereto, any correspondence presented, and all other pertinent testimony, other materials and information, which are maintained at the offices of the City of Concord, City Clerk, 1950 Parkside Drive, Concord, CA 94519; and WHEREAS, on April 5, 2022, the Council, after consideration thereof, moved to approve the recommendation of staff and adopt Resolution No. 22-XX.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Approves and ratifies a side letter of agreement with the Teamsters Local 856 amending Section 9.6 – Night Shift Premium Pay of the memorandum of understanding executed by the Director of Human Resources in her/his capacity as the City Manager’s designee; specifically, (1) increasing the rate of the night shift premium pay for Dispatcher II, Lead Dispatcher and Forensic Specialist II from $1.80 per hour above base salary to $2 per hour above base salary, (2) increasing the rate of the graveyard shift premium pay for Dispatcher II, Lead Dispatcher and Forensic Specialist II from $2 per hour above base salary to $2.50 per hour above base salary, (3) increasing the rate of the night shift premium pay for all other Teamsters Local 856 represented classifications from $1.60 per hour above base salary to $2 per hour above base salary and (4) increasing the rate of the graveyard shift premium pay for all other Teamsters Local 856 represented classifications from $1.80 per hour above base salary to $2.50 per hour above base salary as set forth in Exhibit B. //
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Res. No. xx-xx 3
Section 2. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on April 5, 2022, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 5, 2022.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Exhibits:
A: Tentative Agreement between the City of Concord and the Administrative, Technical & Clerical Representation Unit Public Employees’ Union, Teamsters Local 856, and the Field & Operations Representation Unit Public Employees’ Union, Teamsters Local 856, November 8, 2021
B: Letter of Agreement between the City of Concord and the Teamsters Local 856
Exhibit A to Attachment 1
Exhibit B to Attachment 1
Staff Report
Date: April 5, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Greg Taylor, Director of Information Technology Prepared by: Damaris Sambajon, Systems & Programming Manager [email protected]
(925) 671-3189
Subject: Considering approval of an Amendment to the Professional Services Agreement, CCA-5893, with Arisa Group, dba as
Cendien Consulting, for support and maintenance of the
Lawson Enterprise Resource Planning software in the amount of $150,000, for a not to exceed amount of $375,000 (including costs of past work); and authorizing the City Manager to execute the amendment in a form approved by the City
Attorney. (General Fund)
Report in Brief
On July 22, 2021, Council approved a professional services agreement with Cendien Consulting to provide services for the support and maintenance of the Lawson Enterprise Resource Planning Software. In September, 2021, the IT Programming Analyst Position was vacated. In March, 2022, the HR Department’s Benefits position and Classification/Personnel position were both vacated. These three positions managed functions in the Lawson system extensively for the initiation of benefits, hiring of personnel and the processing of payroll.
The IT Department and HR Department seeks to utilize additional Cendien Professional Services to bridge the gap until these three positions are filled and new staff has been trained.
Recommended Action
Approve an Amendment to the Professional Services Agreement, CCA-5893, with Arisa Group, dba as Cendien Consulting, in the amount of $150,000, for a not to exceed
4.c4.c
City Council Agenda Report
Agenda Item No. 4.c
April 5, 2022
amount of $375,000 (including costs of past work); and authorizing the City Manager to execute the amendment in a form approved by the City Attorney. (General Fund) Background
The City depends on its mission critical business systems to support City staff as they provide services to the public. Lawson, the City’s current Enterprise Resource Planning software, populates the Questica budgeting system, integrates with the Accela Automation platform used by the Community Development and Police Departments, and provides the Human Resources and Finance Departments with citywide financial reporting and fundamental employee services. Lawson is a backbone software system for the City and is used by all departments.
Lawson is maintained by the Applications Section within the Information Technology (IT) Department. The complexity and knowledge required to support the software is shared between internal staff and Cendien Consulting, which has a specialized functional and programming knowledge of the system. Cendien Consulting currently provides 24 hours a week of support and additional on-call hours for requested projects.
In September, the primary Information Technology Department position for managing Lawson was vacated. In March, the Human Resources Department lost two of its senior positions, both of which utilize Lawson extensively to perform functions such as hiring staff, processing payroll and maintaining benefits. Both the IT Department and HR Department are recruiting for these positions. This hiring process takes time to complete, and in order to maintain services, IT and HR seeks to add additional hours to the Cendien Consulting contract in the amount of $150,000 to maintain critical city services until these three positions are filled and trained.
Analysis
Cendien is currently retained for a not to exceed amount of $225,000 for FY 21/22. Due to staffing shortages, additional hours will be required to continue to provide services to the City of Concord. IT anticipates that these services will require 712 additional hours for Information Technology and 360 hours for Human Resources. At the current cost of $140/hour, the additional support will require an authorization from Council to amend the current contract to include an additional $150,000 in services from Cendien Consulting, for a not to exceed contract amount of $375,000 (including costs of past work). The additional hours will allow for dedicated Human Resources consulting and added consulting hours for Lawson programming services within the IT Department until new employees are hired and trained.
Cendien is a Certified Partner with Infor, the company that makes the Lawson software, and provides various consultants who are specialists not only in Lawson programming, but in functional processes directly related to Payroll, Finances, and Human Resources.
Procurement Process
City Council Agenda Report
Agenda Item No. 4.c
April 5, 2022
On March 17, 2021, in accordance with the City of Concord Procurement Policy, the City issued a Lawson Consultant Services Request for Proposal (RFP #2452). Two companies responded to the City’s RFP. A multi-departmental team conducted a review of all proposals and interviewed the candidates. Cendien Consulting was chosen to be the optimal respondent using selection criteria that included customer service, technical expertise, vendor performance, staffing availability and best value.
Financial Impact
There is no additional fiscal impact associated with this action as all necessary funding has been previously budgeted and approved in the City’s FY 21/22 and FY 22/23 adopted Biennial Budget and FY 21/22 Midyear Adjustments.
Public Contact
The City Council Agenda was posted.
Attachment
1. Amendment to Professional Services Agreement with Arisa Group
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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This First Amendment to Professional Services Agreement (“First Amendment”) is entered into on this date, April 6, 2022, and amends the Professional Services Agreement, Agreement between the City of Concord (“CITY”) and Arisma Group, LLC dba Cendien Consulting (“CONSULTANT”).
WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. 5893, dated July 1, 2021 (the “Agreement”), wherein CONSULTANT agreed to provide Lawson Professional Services to the City.
WHEREAS, under Section 3 “PAYMENT” the Agreement provides that Agreement shall in no event shall the amount CITY pays CONSULTANT exceed two hundred twenty five thousand dollars ($225,000) for the term of this agreement unless an Amendment to this Agreement is made in accordance with Section 5 “AMENDMENT TO AGREEMENT.”
WHEREAS, under Section 5 “AMENDMENT TO AGREEMENT” the Agreement provides that Agreement may be amended by the parties subject to consent and in accordance with the CITY’S Municipal Code.
WHEREAS, the parties hereto desire to amend the agreement to provide for additional compensation in the base amount of $150,000 for a total contract amount of $375,000; NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:
1. Section 3 “PAYMENT” is hereby amended to read as follows: The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, shall in no event shall the amount CITY pays CONSULTANT exceed three hundred seventy five thousand dollars ($375,000) for the term of this Agreement.
2. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment on the date indicated above.
Signatures on the following page.
Attachment 1
2 1
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8 9
10 11
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26 27
28 Dated: ___________, 2022 ARISMA GROUP, dba Cendien Consulting BY: ________________________
Israel Denis
President and Managing Director
Dated: ___________, 2022 CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2020-2021 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $150,000. Account Code 634-2605-1Z01-63800-500. .
Finance Director's Signature
Staff Report
Date: April 5, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering draft plans and/or the Proposed Final draft map drawn by the independent demographer for the purpose of redistricting Council election districts, and potentially providing direction on refinements thereto; adopting an Ordinance of the City of Concord Amending Concord
Municipal Code Chapter 2.35 (Elections) to permit the district boundaries for “By Districts” Elections to be established by Resolution; and adopting a resolution establishing district boundaries for “By District” City Council elections.
CEQA: Exempt under CEQA Guidelines Sections 15320, 15378, and 15061(b)(3).
Report in Brief
On March 1, 2022, the City held the fourth public hearing (Public Hearing #4) to receive input on the composition of voting districts based on the 2020 Census data prior to maps being considered for revision. During the March 1 Public Hearing the City Council adopted an ordinance amending Concord Municipal Code Chapter 2.35 (Elections) to permit the district boundaries for “By Districts” elections to be established by resolution.
Pursuant to California Elections Code Section 21607.1, tonight’s hearing is one greater than the four legally-required public meetings to inform the public about the redistricting process and receive community input on how to redraw the boundaries of the voting districts. During tonight’s public hearing, the City Council will provide direction to the City’s independent demographer on refinements to the draft plans, and adopt the attached Ordinance (Attachment 4) and Resolution (Attachment 5).
5.a5.a5.a5.a5.a5.a5.a5.a5.a
City Council Agenda Report
Agenda Item No. 5.a
April 5, 2022
Recommended Action
Hold the public hearing to:
1. Receive input on draft plans and/or the Proposed Final draft map drawn by the independent demographer for the purpose of redistricting Council election districts;
2. Provide any direction that Council may deem necessary to staff and to the City’s independent demographer on refinements;
3. Adopt the attached Ordinance which permits the district boundaries for “By Districts” Elections to be established by Resolution; and
4. Adopt the attached Resolution establishing district boundaries for “By District” City Council elections.
Background
On January 2, 2018, the City Council adopted a resolution of intention to transition from at-large to by-district elections. The final district-based maps were adopted on February 27, 2018; the adopted ordinance included five new Council districts and a phase-in election schedule from 2018-2020. At this point in time, all five Councilmembers have been elected to their Council seats through a district election.
After each decennial census, the City must conduct a process whereby the City Council adopts districts using new census data. The process is called redistricting, and it must be completed by April 17, 2022. The City Council desires to conduct five public hearings1 during the redistricting process. The first public hearing occurred on November 2, 2021, the second public hearing occurred on January 10, 2022, the third public hearing occurred on February 1, 2022, and the fourth public hearing occurred on March 1, 2022.
The City has also hosted two public workshops to receive community input and to explain how to use the available online tools to provide additional input. These workshops were held over zoom on November 15 and 172 and led by staff and the City’s independent demographer. Staff also hosted a virtual drop-in meeting and has been responsive to individual outreach by interested parties.
Public Engagement
A significant amount of public outreach has occurred with the goal of gathering as much public input on the process as possible. These efforts include a combination of directly mailed and electronically mailed materials, social media posts and City website 1 For convenience, the Council-led public hearings are referred to in this staff report as Public Hearing #1, Public Hearing #2, Public Hearing #3, etc.
2 Although one of those staff/consultant-led workshops legally qualifies as a public hearing pursuant to Elections Code Section 21607.1(e), this staff report does not identify it in the Council-led Public Hearing count referenced in the preceding footnote.
City Council Agenda Report
Agenda Item No. 5.a
April 5, 2022
information, virtual engagements, and public hearings. A full listing of engagement efforts is included as Attachment 2.
Public Input
During Public Hearing #1 on November 2, one member of the public spoke on the topic.
The speaker advocated to keep District 3 intact as it is currently drawn. The same speaker provided slightly revised comments in an email dated November 29 by suggesting that Reganti Place be included in District 3, given that the street is comprised of high-density apartment complexes.
Two workshops were held via Zoom on November 15 and 17. The purpose of holding these workshops was to provide an informal setting where participants could receive information about the redistricting process and demonstrations of how the map drawing tools work. Despite extensive outreach, which included a direct mailing to all Concord postal customers (approximately 51,502 addresses) and use of social media, both workshops were lightly attended, yielding approximately 14 participants in total.
During Public Hearing #2 on January 10, 2022 six speakers provided the following summarized comments: one speaker reinforced their desire to see Reganti Place included in District 3; two had comments and questions regarding the process and thoughts on election procedures; and three expressed a desire to see redrawn districts which better represent minorities and low income households.
On January 11 City staff held a virtual “office hour” from 12 pm to 1 pm. The goal of the informal session was to further help interested persons participate in the redistricting process. Three participants attended the session and asked various questions of staff.
The public was informed of these office hours through social media posts, the City’s e- newsletter, website, and through oral presentation at Public Hearing #2.
During Public Hearing #3 on February 1, nineteen speakers provided the following summarized comments: five speakers expressed desire to keep Council districts as currently drawn, and one additional expressed desire to retain District 2 as-is, emphasizing the need to keep the North Todos Santos area within the same district as the downtown. Two speakers emphasized a need to keep neighborhoods and communities of interest together to help ensure representation, while nine more expressed similar sentiment while specifically supporting Public Plan 3. The authors of Public Plan 1 and Public Plan 3 each provided testimony on the plans they submitted.
Public Hearing #4 yielded twelve public speakers providing the following summarized comments: two of the speakers provided general statements that involved the need for candidates that represent the community and citizen voting age population; three speakers expressed their support for Public Plan 3; and seven supported the adoption of Public Plan 3 or the alternative Plan 3A.
City Council Agenda Report
Agenda Item No. 5.a
April 5, 2022
During this redistricting process, City staff have been and continue to be available to meet with interested individuals and community groups such as HOAs, businesses or service organizations, faith-based groups, and other community organizations.
Interested persons or groups wanting to schedule a briefing with staff should do so utilizing the below contact information. This ability for community members to meet with staff has been communicated in all outreach materials, including mailings, social media posts, e-newsletters, website, etc.
In addition to the ability to receive information at the various informal meetings and provide testimony during public hearings, the City has developed several other ways to allow residents to submit input on the City’s redistricting process. These include:
1. Sending an e-mail to [email protected]
2. Mailing or dropping off comments and/or map submission forms at 1950 Parkside Drive, Concord, CA 94519
3. Emailing or calling the City Clerk at [email protected] or (925) 671- 3390.
As mentioned throughout this report, a webpage on redistricting has been created at:
www.cityofconcord.org/redistricting. All information related to the City’s process is on this webpage, including opportunities for when and how the public can contribute to the decision-making process. The webpage and supporting materials have been translated into Spanish, and those are posted on a dedicated web page linked to the main redistricting page.
Analysis
In September 2021 the U.S. Census Bureau released the official data necessary for the City to begin the redistricting process. This data must be used to be in compliance with the Fair Maps Act, which was adopted by the California Legislature as AB 849 and took effect January 1, 2020. Under the Act, any changes in district boundaries shall be drawn and adopted using the following criteria in the listed order of priority pursuant to Elections Code Section 21601:
1. Comply with the federal requirements of equal population and the Voting Rights Act
2. Be geographically contiguous
3. Keep neighborhoods and “communities of interest” (socio-economic geographic areas) together
4. Use easily identifiable and understandable boundaries
5. Be drawn so that districts are relatively compact (do not bypass one group of people to get to a more distant group of people)
6. Neither favor or discriminate against a political party
City Council Agenda Report
Agenda Item No. 5.a
April 5, 2022
By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
At least one hearing must occur before the City Council draws draft maps At least two hearings must happen after the drawing of draft maps City staff or consultants may hold a public workshop instead of one of the required pre-map public redistricting hearings
In accordance with state law, there are additional requirements related to the mandated public hearings. Each is discussed below:
At least one hearing must occur on a Saturday, Sunday, or after 6 p.m. on a weekday
o Each of the public hearings, including the November 15 and 17 workshops, have or will be held at or after 6 p.m. on a weekday If a redistricting hearing is consolidated with another local government meeting, the redistricting hearing portion must begin at a pre-designated time that is noticed to the public
o Each of the public hearings, including the November 15 and 17 workshops, have or will be held at pre-designated times that were noticed to the public
Local public redistricting hearings should be made accessible to people with disabilities
o The City of Concord offers its public programs, services, and meetings in a manner that is readily accessible to everyone, including those with disabilities, in accordance with the American with Disabilities Act and California Law
Changes from the 2010 Census Data
When City Council district-based maps were adopted in 2018 they had a total population deviation of 4.3%. The 2020 census identifies the demographic makeup of the districts having changed slightly, with the population deviation increasing to a total of
7.6%, which would still fall within a justifiable range of 10% if the districts were to remain as they are. Demographic data of the existing districts is included in Attachment 1.
Tonight’s Public Hearing
The purpose of tonight’s public hearing, Public Hearing #5, is to review and receive input on draft plans and/or Proposed Final plan and if necessary, for the City Council to provide direction to the City’s independent demographer on any final refinements.
Council may then adopt the attached ordinance (Attachment 4) and resolution establishing City Council election districts for the next ten years (Attachment 5).
City Council Agenda Report
Agenda Item No. 5.a
April 5, 2022
As a reminder, communities of interest must be taken into consideration while drawing council district boundaries. A community of interest under the relevant Elections Code for cities (Elections Code Section 21601(c)) is “a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.”
Possible features defining a community of interest might include, but are not limited to:
Shared interests in schools, housing, community safety, transit, health conditions, land use, environmental conditions, and/or other issues; Common social and civic networks, including churches, mosques, temples, homeowner associations, and community centers, and shared use of community spaces, like parks and shopping centers;
Cultural identities, including households that predominantly speak a language other than English;
Similar socio-economic status, including but not limited to income, home- ownership, and education levels.
Communities of interest do not include relationships with political parties, incumbents, or political candidates.
Council should also consider other traditional redistricting criteria such as:
Contiguity and compactness of districts, including their shape and appearance. Keeping communities of interest, such as neighborhoods, school district boundaries, etc., undivided by a district boundary, to the extent feasible. Using understandable natural and man-made geographical and topographical boundaries as much as possible.
Plan for Consideration
Attachment 1 contains the Proposed Final plan and demographics drawn by the demographer in response to Council direction during previous hearings. Staff published the Proposed Final plan on the City’s redistricting webpage on March 15, 2022. Staff subsequently distributed an e-newsletter to the public with information about the availability of the plan and a reminder about this Public Hearing. Staff also distributed an email to community-based organizations alerting them to the publishing of the Proposed Final plan and information about this Public Hearing. Staff posted the information on Nextdoor, Facebook and Twitter.
A general description of the Proposed Final plan is as follows:
- Current Districts. The existing City Council district boundaries have a total population deviation of 7.6%.
City Council Agenda Report
Agenda Item No. 5.a
April 5, 2022
- Proposed Final. The Proposed Final plan has a total population deviation of
8.6%. The differences between current boundaries and Proposed Final are:
o An area bounded by Concord Avenue and Galindo Street, Laguna Street, Amador Avenue, Clayton Road, Concord Boulevard, Mira Vista Terrace, Willow Pass Road, Salvio Street, Broadway Street, Sutter Street, and Market Street shifted from District 3 to District 2
o An area generally bounded by Monument Boulevard, Oak Grove Road, Peach Place, Ernst Way, Orange Street, a portion of Mohr Lane, and the Walnut Creek Channel shifted from District 4 to District 3 o An area bounded by Monument Boulevard, Systron Drive, Cowell Road, and the Contra Costa Canal shifted from District 2 to District 4 o An area generally bounded by Clayton Road, Cape Cod Way, Galindo Creek, Cowell Road, Kaski Lane, Cuneo Drive, Court Lane, and Babel Lane shifted from District 5 to District 4
o An area bounded by Galindo Creek, Ygnacio Valley Road, and Ayers Road shifted from District 1 to District 4.
Next Steps
Tonight’s hearing is the fifth and final hearing. Council may choose the Proposed Final plan, or provide direction to the City’s independent demographer on further refinements that he will be able to make during the meeting. Council must then choose a Final Plan and adopt the attached ordinance (Attachment 4) and resolution (Attachment 5).
Adopting the Ordinance allows the City to amend and update district boundaries by resolution. Adopting the Resolution will establish the district boundaries, as directed by Council tonight; the new boundaries will form the boundaries for Council district elections until the next update after the 2030 census.
All public comment received on this topic by the time of producing the agenda is included as Attachment 3. Any public comment received after this date will be benched for the Council and public at the meeting.
Financial Impact
There is a financial impact on the City’s General Fund to cover staff time and cost of an outside demographer, special legal counsel associated with the redistricting process, and translators. These costs are estimated to not exceed $150,000. These costs were included in the adopted budget.
Environmental Determination
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines Sections 15320, 15378 and 15061(b)(3) as it is an
City Council Agenda Report
Agenda Item No. 5.a
April 5, 2022
organizational structure change and does not have the potential to result in either a direct or reasonable foreseeable indirect physical change in the environment.
Public Contact
The City Council Agenda was posted.
Attachments
1. Proposed Final Plan and Demographics
2. Public Outreach
3. Correspondence
4. Ordinance Amending Concord Municipal Code to Permit the Districts
5. Resolution Establishing District Boundaries (including Exhibit A, Visual Depictions of District Boundaries, and Exhibit B, Metes and Bounds Descriptions of District Boundaries)
^ 2020 Census Redistricting Data.
Adjusted for incarcerated populations
+ 2015-2019 American Community
Survey Special Tabulation
* Calculated pursuant to OMB BULLETIN
NO. 00-02
#
Population^ Citizen Voting Age Population+
Total Deviation Total Latino * Asian* Black* NH-
White
1 24,781 -1.4% 18,304 16.0% 11.5% 2.6% 67.6%
2 26,274 +4.6% 18,131 23.8% 12.5% 4.0% 56.8%
3 26,134 +4.0% 11,900 33.3% 21.2% 9.8% 32.1%
4 24,114 -4.0% 18,084 15.6% 14.2% 5.1% 65.0%
5 24,347 -3.1% 18,866 13.0% 14.9% 2.1% 67.9%
T otal125,650 8.6% 85,285 19.4% 14.4% 4.3% 59.9%
Ideal 25,130
Proposed Final
Prepared by
Attachment 1
Concord Redistricting: April 5, 2022
Proposed Final Plan
Total Deviation % Dev Latino Asian Black NH
W
hite
Total Latino Asian Black NH
White
Total Latino Asian Black NH
White
1 24,781 -349 -1.4% 23.0% 17.2% 4.3% 51.5% 19,950 20.8% 17.0% 4.1% 54.4% 18,304 16.0% 11.5% 2.6% 67.6% 2 26,274 1,144 4.6% 33.0% 15.7% 4.6% 41.8% 21,446 29.9% 15.8% 4.5% 45.2% 18,131 23.8% 12.5% 4.0% 56.8% 3 26,134 1,004 4.0% 57.1% 15.8% 5.5% 18.3% 19,261 53.1% 16.8% 6.0% 20.9% 11,900 33.3% 21.2% 9.8% 32.1% 4 24,114 -1,016 -4.0% 22.1% 16.9% 3.7% 53.1% 19,702 19.9% 16.8% 3.7% 55.9% 18,084 15.6% 14.2% 5.1% 65.0% 5 24,347 -783 -3.1% 18.1% 21.1% 3.5% 52.7% 19,386 16.6% 20.8% 3.3% 55.1% 18,866 13.0% 14.9% 2.1% 67.9% * Population and Voting Age Population from 2020 Census Redistricting data. Adjusted for incarcerated populations. * Citizen Voting Age Population from adjusted 2015-2019 American Community Survey Special Tabulation. * Racial/Ethnic data calculated pursuant to OMB BULLETIN NO. 00-02.
Population Voting Age Population Citizen Voting Age Population#
Attachment 2
Public Engagement
City Council Redistricting Process
October 2021 – March 2022
Email to CBOs:
Oct. 21 (introduction to process, website and sharing public hearing schedule) Dec. 2 (update on process and link to workshop video)
Jan. 3 (reminder about January 10 public hearing and information about process) Jan. 19 (notification of draft plans published, reminder of Feb. 1 hearing) Feb. 10 (notification of updated draft plans published, reminder of March 1 hearing) Mar. 15 (notification of Proposed Final published, information about April 5 hearing) Facebook:
Nov. 8 (post re: upcoming workshops)
Nov. 8 (event - workshop promotion)
Nov. 8 (event - workshop promotion)
Nov. 15 (post reminding community of workshops)
Nov. 29 (post about Nov. 28 e-newsletter with article about redistricting) Nov. 30 (post about winter/spring activity guide containing article about redistricting Dec. 29 (post about January 10 public hearing)
Jan. 5 (post reminding community of January 10 public hearing) Jan. 10 (public hearing reminder and January 11 office hours) Jan. 15 (post - Jan. 18 draft maps due/deadline reminder) Jan. 21 (post – draft plans now available for review online) Feb. 10 (post – updated draft plans available for review) Feb. 28 (post – reminder of March 1 public hearing)
Mar. 29 (post – reminder of April 5 public hearing)
Nextdoor:
Nov. 8 (event – workshop promotion)
Nov. 15 (event – workshop promotion)
Nov. 17 (event – workshop promotion)
Dec. 6 (re: activity guide containing article about redistricting) Jan. 6 (event – public hearing promotion)
Jan. 15 (post - Jan. 18 draft maps due/deadline reminder) Jan. 21 (post – draft plans now available for review online) Feb. 10 (post – updated draft plans now available for review) Feb. 28 (post – reminder of March 1 public hearing)
Mar. 29 (post – reminder of April 5 public hearing)
Twitter:
Nov. 8 (event – workshop promotion)
Nov. 15 (event – workshop promotion)
Nov. 29 (re: e-newsletter containing article about redistricting) Nov. 30 (re: activity guide containing article about redistricting) Jan. 5 (public hearing promotion)
Jan. 21 (draft maps available for review)
Jan. 24 (post re: 1/19 e-newsletter containing article about redistricting) Feb. 9 (post re: 2/2 e-newsletter containing article about redistricting)
Public Engagement
City Council Redistricting Process
Feb. 10 (updated draft plans available for review, next meeting March 1) March 1 (post – reminder of March 1 public hearing)
Mar. 29 (post – reminder of April 5 public hearing)
E-Newsletter:
Nov. 10 (workshops announced)
Nov. 23 (article discussing redistricting process with links to workshop video) Jan. 5 (article about upcoming public hearing)
Jan. 19 (article about draft plans published, information about Feb. 1 hearing) Feb. 2 (article about Feb. 1 hearing and next steps)
Feb. 16 (article about updated draft plans published, information about March 1 hearing) March 30 (article about April 5 hearing and next steps; finalizing the map) Website:
Launched in October in both English and Spanish
Website E-News Alerts:
Oct. 29: (article about redistricting kickoff on Nov. 2) Dec. 29: (article about next hearing on Jan. 10)
Jan. 27: (article about draft plans published and Feb. 1 hearing) Feb. 9: (article about updated draft plans and March 1 hearing) March 1: (article/reminder of March 1 hearing)
March 29 (article about April 5 hearing)
Activity Guide:
November article about redistricting efforts published; activity guide mailed to all Concord addresses, posted to website, and shared through social media. Physical copies also placed in all City facilities and delivered to several community partners, including the Concord Library and Visit Concord. Spanish version of the City News portion was also created, posted to website, and shared at Library and through Monument Crisis Center
April article about redistricting efforts and anticipated finalization of new map published; The summer issue of the City News and Activity Guide went to print on March 21 and is scheduled to hit mailboxes on or about April 7. As noted above, it is mailed to all Concord addresses, posted to the website and shared through social media. Physical copies are also placed at City facilities and community partner organizations.
Press Releases, Publications and Articles:
Oct. 26 (Public Hearing notice published in East Bay Times) Oct. 29 (press release)
Dec. 29 (press release)
Jan. 1 (news article published in East Bay Times)
Jan. 5 (public hearing notice published in East Bay Times) Jan. 26 (public hearing notice published in East Bay Times) Feb. 18 (news article published in East Bay Times)
Feb. 19 (public hearing notice published in East Bay Times) Mar. 18 (public hearing notice published in East Bay Times)
Public Engagement
City Council Redistricting Process
Workshops:
Nov. 15 (information about redistricting process and training on mapping tools) Nov. 17 (information about redistricting process and training on mapping tools) Meetings with Community Groups:
Dec. 1 (Zoom meeting requested by members of the community) Public Hearings:
Nov. 2 (formal setting to share information and receive public testimony) Jan. 10 (formal setting to share information and receive public testimony) Feb. 1 (formal setting to review draft plans and receive public testimony) Mar. 1 (formal setting to review draft plans and receive public testimony) Virtual Office Hours:
Jan. 11 (opportunity for residents to ask questions directly of staff)
From: D'Marco Anthony <[email protected]>
Sent: Wednesday, March 2, 2022 11:21 AM
To: McGallian, Tim <[email protected]>; Birsan, Edi <[email protected]>; Aliano, Dominic <[email protected]>; Obringer, Carlyn <[email protected]>; Hoffmeister, Laura <[email protected]> Cc: Redistricting <[email protected]>; Concord City Council <[email protected]>
Subject: Redistricting trade-offs: Babel vs. Clayton
Dear Councilmembers, while I do not fully support the hybrid proposals, I do think we are somewhat moving in the right direction with regards to population deviation thanks to Councilmember McGallian. It is very puzzling that this Council rushed through last night’s redistricting hearing. I would have liked to see what the population deviations would have been if we adopted map 3A, but moved District 5 to that Babel Lane line, and tried to move more of the area south of Clayton Rd into District 4.
There are two dueling communities of interests at stake here: A) The area east of Babel, which we in District 5 would like to remain part of our district, and B) The area south of Clayton Rd which is currently part of District 2 that people in that district might want to keep. Why is the Council prioritizing the latter over the former? When there are two competing communities of interests, wouldn’t the fair way to settle it be to see which map would have a better population deviation? Councilmember Obringer referenced the El Monte shopping center as a place where her constituents south of Clayton like to shop, and a reason for why the area in her district south of Clayton should remain part of District 2. This does not really make sense, when you consider that the area directly south of Clayton Rd & the El Monte shopping center is already part of District 4; the areas south of Clayton in her district are actually farther away from that shopping center! I will not fault Councilmember Obringer for being attached to her constituents south of Clayton Rd, but we really should strive to adopt a map that is fair for everyone in Concord, not just the people in District 2.
Even if you guys keep map 3A modified as is, the people have a right to know what the population deviations would have been if we moved District 5 east to Babel, and moved areas south of Clayton into District 4. Is there any way the demographer could make this information available, maybe even add the tool he was using last night to the redistricting website?
-D'Marco J. Anthony
Attachment 3
1 ORDINANCE NO. 22-3
AN ORDINANCE OF THE CITY OF CONCORD AMENDING
CONCORD MUNICIPAL CODE CHAPTER 2.35 (ELECTIONS) TO PERMIT THE DISTRICT BOUNDARIES FOR “BY DISTRICTS” ELECTIONS TO BE
ESTABLISHED BY RESOLUTION
WHEREAS, the City of Concord (“City”) currently elects its Councilmembers using a “by districts” election system; and
WHEREAS, pursuant to Elections Code Section 21601(a), following each federal decennial census for a city whose council is already elected using district-based elections, the City Council is required to adopt boundaries for all of the council districts of the City so that the council districts are substantially equal in population; and
WHEREAS, a federal decennial census occurred in 2020, and the City intends to adjust the boundaries for such council districts using the new census data; and WHEREAS, in compliance with Elections Code Sections 21607.1 and 21608, the City Council has held public workshops on November 15, 2021 and November 17, 2021 (one of which legally qualifies as a public hearing pursuant to Elections Code Section 21607.1(e)), public hearings on January 10, 2022, February 1, 2022, and March 1, 2022, and intends to hold a further public hearing on April 5, 2022 in order to consider and potentially adopt new district boundaries in advance of the April 17, 2022 deadline; and
WHEREAS, consistent with the provisions of California Elections Code Section 21608, the City took steps to encourage residents, including those in underrepresented communities and non- English speaking communities, to participate in the redistricting public review process; and WHEREAS, at the public hearing on March 1, 2022, the City Council introduced this Ordinance in order to allow district boundaries to be adopted by resolution pursuant to Elections Code Section 21601, with the intent that such resolution be considered by the City Council at the April 5, 2022 public hearing; and
WHEREAS, at the public hearing on March 1, 2022, the City Council considered all oral and written information, testimony, and comments received during the public review process, including Attachment 4
Ord. No. 22-3 2
information received at the public hearings, oral and written reports from City staff and consultants, and all other pertinent information prior to acting on this Ordinance, and declared its intent to adopt this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:
Section 1. Recitals, Exhibits. The recitals above and any exhibits attached hereto are true and correct and incorporated herein by reference. The recitals constitute findings in this matter, and serve as an adequate and appropriate evidentiary basis for the findings and actions set forth herein.
Section 2. CEQA. The City Council finds that the proposed amendments to the Concord Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Section 3. Concord Municipal Code Amended. Concord Municipal Code Chapter 2.35 (Elections) Subsection 2.35.130 shall be amended to add the following language shown in underlined red font below:
(c) The districts specified in subsection (b) of this section or in any resolution adopted pursuant to Elections Code Section 21601 shall continue in effect until they are amended or repealed in accordance with law. Following each decennial census, new or adjusted district boundaries shall be adopted by resolution pursuant to Elections Code Section 21601. //
//
//
//
//
//
//
//
Ord. No. 22-3 3
Section 4. Effective Date. Pursuant to Government Code Section 36937(a), this Ordinance shall become effective immediately upon passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.
Dominic Aliano
Mayor
ATTEST:
Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 22-3 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on March 1, 2022, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on April 5, 2022, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.
Joelle Fockler, MMC
City Clerk
Res. No. 22-XX
Attachment 5
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Establishing District Boundaries for
“By District” City Council Elections
Resolution No. 22-XX
/
WHEREAS, the City of Concord (“City”) Councilmembers are elected using a ‘by districts” election system; and
WHEREAS, pursuant to Elections Code Section 21601(a), following each federal decennial census for a city whose council is already elected using district-based elections, the City Council is required to adopt boundaries for all of the council districts of the City so that the council districts are substantially equal in population; and
WHEREAS, a federal decennial census occurred in 2020, and the City Council intends to adjust the boundaries for such council districts using the new census data; and WHEREAS, in compliance with Elections Code Sections 21607.1 and 21608, the City Council held public workshops on November 15, 2021 and November 17, 2021 (one of which legally qualifies as a public hearing pursuant to Elections Code Section 21607.1(e)), and duly noticed public hearings on January 10, 2022, February 1, 2022, and March 1, 2022, and April 5, 2022, in order to consider and potentially adopt new district boundaries in advance of the April 17, 2022 deadline; and WHEREAS, at the February 1, 2022 public hearing, the City Council instructed its demographer to develop four (4) draft map options containing five (5) districts with potential changes to associated district boundaries, for Council consideration on March 1, 2022; and WHEREAS, at the March 1, 2022, public hearing, the City Council directed the City’s independent demographer to develop revisions to the “Plan 3A” draft map option, which changes the demographer made “live” at the March 1, 2022 public hearing, resulting in the “Proposed Final” draft map; and further directed staff to bring back a resolution at the April 5, 2022 public hearing via which the Council could consider and adopt such “Proposed Final” draft map; and
Res. No. 22-XX
Attachment 5
WHEREAS, at the March 1, 2022 public hearing, the City Council introduced Ordinance 22-3 in order to allow district boundaries to be adopted by resolution pursuant to Elections Code Section 21601, with the intent that the City Council (a) consider and adopt Ordinance 22-3 at the April 5, 2022 public hearing, and (b) and consider and adopt the “Proposed Final” map via this Resolution at the April 5, 2022 public hearing; and
WHEREAS, at the April 5, 2022 public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearings, oral and written reports from City staff and consultants, and all other pertinent information prior to acting on Ordinance 22-3, and duly adopted Ordinance 22- 3 before acting on this Resolution; and
WHEREAS, consistent with the provisions of California Elections Code Section 21608, the City took steps to encourage residents, including those in underrepresented communities and non- English speaking communities, to participate in the redistricting public review process, published the draft maps on the internet at
www.cityofconcord.org/redistricting, and published the Proposed Final draft map on the internet at https://www.cityofconcord.org/DocumentCenter/View/7546/Hearing-5- Plans-Concord-040522-v1a for at least seven days before being adopted as a final map by the Council; and
WHEREAS, at the April 5, 2022 public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearings, oral and written reports from City staff and the City’s demographer, exhibits, maps, and all other pertinent information prior to acting on, or making recommendations on, this Resolution, and declared its intent to pass this Resolution. //
//
Res. No. 22-XX
Attachment 5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Recitals, Exhibits. The recitals above and any exhibits attached hereto are true and correct and incorporated herein by reference. The recitals constitute findings in this matter, and serve as an adequate and appropriate evidentiary basis for the findings and actions set forth herein.
Section 1. CEQA. The City Council finds that this resolution is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Section 3. District Boundaries. Pursuant to California Elections Code Sections 21600 et seq. and Ordinance No. 22-3, the City Council hereby approves and adopts the five (5) City Council district boundaries of the “Proposed Final” draft map (to be hereafter referred to as the “Final Map”) as depicted in “Exhibit A” (Visual Depictions of District Boundaries) and as further described by metes and bounds in “Exhibit B” (Metes and Bounds Descriptions of District Boundaries), attached hereto. To the extent there is a conflict between the depiction of district boundaries contained in the Final Map visual depiction at Exhibit A and the description of district boundaries at Exhibit B, the depiction of district boundaries contained in the map at Exhibit A shall prevail. If necessary to facilitate the implementation hereof, the City Manager or designee is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts or the eligibility of candidates. The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.
Res. No. 22-XX
Attachment 5
Section 4. Effective Date. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on April 5, 2022, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 5, 2022.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Exhibits
Exhibit A – Visual Depictions of District Boundaries
Exhibit B – Metes and Bounds Descriptions of District Boundaries
Proposed Final
Exhibit A
Exhibit B
The council districts are as follows:
District 1: All the portion of the City of Concord lying northerly of the following line: Beginning at the intersection of the northerly boundary of the City of Concord and Willow Pass Road, and proceeding southerly along Willow Pass Road to the easterly corner of Assessor Parcel 111-291-001-1, and proceeding northwesterly along the boundary of Assessor Parcel 111-010-014-4 to Willow Pass Road, and proceeding southwesterly along Willow Pass Road to Farm Bureau Road, and proceeding southeasterly along Farm Bureau Road to Clayton Road, and proceeding southeasterly along Clayton Road to Treat Boulevard, and proceeding southwesterly along Treat Boulevard to Galindo Creek, and proceeding southeasterly along Galindo Creek to Ygnacio Valley Road, and proceeding easterly along Ygnacio Road to Alberta Way, and proceeding northeasterly along Alberta Way to Clayton Road, and proceeding northwesterly along Clayton Road to Ayers Road, and proceeding northeasterly along Ayers Road to the boundary of the City of Concord, and proceeding northwesterly along the boundary of the City of Concord to Bailey Road, and proceeding northeasterly along Bailey Road to the northeasterly boundary of the City of Concord.
District 2: All the portion of the City of Concord lying northerly of the following line: Beginning at the intersection of the northerly boundary of the City of Concord and Willow Pass Road, and proceeding southerly along Willow Pass Road to the easterly corner of Assessor Parcel 111-291-001-1, and proceeding northwesterly along the boundary of Assessor Parcel 111-010-014-4 to Willow Pass Road, and proceeding southwesterly along Willow Pass Road to Farm Bureau Road, and proceeding southeasterly along Farm Bureau Road to Clayton Road, and proceeding northwesterly along Clayton Road to Coventry Road, and proceeding southwesterly along Coventry Road to Cowell Road, and proceeding northwesterly along Cowell Road to Galindo Street, and proceeding northerly along Galindo Street to Laguna Street, and proceeding southwesterly along Laguna Street to Amador Avenue, and proceeding northwesterly along Amador Avenue to Clayton Road, and proceeding southwesterly along Clayton Road to Concord Boulevard, and proceeding northeasterly along Concord Boulevard to Mira Vista Terrace, and proceeding northwesterly along Mira Vista Terrace to Willow Pass Road, and proceeding northeasterly along Willow Pass Road to Mira Vista Terrace, and proceeding northwesterly along Mira Vista Terrace to Salvio Street, and proceeding southwesterly along Salvio Street to Broadway Street, and proceeding northwesterly along Broadway Street to Harrison Street, and proceeding southwesterly along Harrison Street to Sutter Street, and proceeding northwesterly along Sutter Street to Market Street, and proceeding northeasterly along Market Street to Concord Avenue, and proceeding westerly along Concord Avenue to the westerly boundary of the City of Concord.
District 3: All the portion of the City of Concord lying westerly of the following line: Beginning at the intersection of the westerly boundary of the City of Concord and Concord Avenue, and proceeding easterly along Concord Avenue to Market Street, and proceeding southwesterly along Market Street to Sutter Street, and proceeding southeasterly along Sutter Street to Harrison Street, and proceeding northeasterly along Harrison Street to Broadway Street, and proceeding southeasterly along Broadway Street to Salvio Street, and proceeding northeasterly along Salvio Street to Mira Vista Terrace, and proceeding southeasterly along Mira Vista Terrace to Willow Pass Road, and proceeding southwesterly along Willow Pass Road to Mira Vista Terrace, and proceeding southeasterly along Mira Vista Terrace to Concord Boulevard, and proceeding southwesterly along Concord Boulevard to Clayton Road, and proceeding northeasterly along Clayton Road to Amador Avenue, and proceeding southeasterly along Amador Avenue to Laguna Street, and proceeding northeasterly along Laguna Street to Galindo Street, and proceeding southerly along Galindo Street to Monument Boulevard, and proceeding southerly along Monument Boulevard to Oak Grove Road, and proceeding southeasterly along Oak Grove Road to Peach
Exhibit B
Place, and proceeding southwesterly along Peach Place to Ernst Way, and proceeding southeasterly along Ernst Way to Orange Street, and proceeding southwesterly along Orange Street to the northerly corner of Assessor Parcel 147-132-002-6, and proceeding southwesterly along the boundary of Assessor Parcel 147-132-002-6 to the northerly boundary of Assessor Parcel 147-140-008-3, and proceeding southeasterly along the boundary of Assessor Parcel 147-140-008-3 to Mohr Lane, and proceeding southwesterly along Mohr Lane to the northeasterly corner of Assessor Parcel 147-422-009-0, and proceeding westerly along the boundary of Assessor Parcel 147-422-009-0 to Walnut Creek, and proceeding northerly along Walnut Creek to the westerly boundary of the City of Concord.
District 4: All the portion of the City of Concord lying southerly of the following line: Beginning at the intersection of the southerly boundary of the City of Concord and Ygnacio Valley Road, and proceeding northeasterly along Ygnacio Valley Road to Cowell Road, and proceeding northwesterly along Cowell Road to Galindo Creek, and proceeding northeasterly along Galindo Creek to Cape Cod Way, and proceeding northeasterly along Cape Cod Way to Clayton Road, and proceeding northwesterly along Clayton Road to Coventry Road, and proceeding southwesterly along Coventry Road to Cowell Road, and proceeding northwesterly along Cowell Road to Monument Boulevard, and proceeding southerly along Monument Boulevard to Oak Grove Road, and proceeding southeasterly along Oak Grove Road to Peach Place, and proceeding southwesterly along Peach Place to Ernst Way, and proceeding southeasterly along Ernst Way to Orange Street, and proceeding southwesterly along Orange Street to the northerly corner of Assessor Parcel 147-132-002-6, and proceeding southwesterly along the boundary of Assessor Parcel 147-132-002-6 to the northerly boundary of Assessor Parcel 147-140-008-3, and proceeding southeasterly along the boundary of Assessor Parcel 147-140-008-3 to Mohr Lane, and proceeding southwesterly along Mohr Lane to the northeasterly corner of Assessor Parcel 147-422-009-0, and proceeding westerly along the boundary of Assessor Parcel 147-422-009-0 to Walnut Creek, and proceeding northerly along Walnut Creek to the westerly boundary of the City of Concord.
District 5: All the portion of the City of Concord lying easterly of the following line: Beginning at the intersection of the southerly boundary of the City of Concord and Ygnacio Valley Road, and proceeding northeasterly along Ygnacio Valley Road to Cowell Road, and proceeding northwesterly along Cowell Road to Galindo Creek, and proceeding northeasterly along Galindo Creek to Cape Cod Way, and proceeding northeasterly along Cape Cod Way to Clayton Road, and proceeding southeasterly along Clayton Road to Treat Boulevard, and proceeding southwesterly along Treat Boulevard to Galindo Creek, and proceeding southeasterly along Galindo Creek to Ygnacio Valley Road, and proceeding easterly along Ygnacio Road to Alberta Way, and proceeding northeasterly along Alberta Way to Clayton Road, and proceeding northwesterly along Clayton Road to Ayers Road, and proceeding northeasterly along Ayers Road to the boundary of the City of Concord, and proceeding northeasterly along the boundary of the City of Concord to Bailey Road, and proceeding northeasterly along Bailey Road to the northeasterly boundary of the City of Concord.
Redistricting Process
Justin Ezell
Assistant City Manager
April 5, 2022
1
Redistricting
2 •City switched to district-based
elections in 2018
•After each decennial census
districts must be revisited
Public Engagement
3 •Website
• October 4, 2021
• English / Spanish
• Continuously updated
www.cityofconcord.org/Redistricting www.cityofconcord.org/Distritos
Public Engagement (cont.)
4 • CBOs, Press Releases,
Publications and Articles
• Direct emails to community leaders
(October through March)
• Articles and/or hearing notices
published (October through March)
Public Engagement (cont.)
5 • City News & Activity Guide
• E-Newsletter: two articles per
month from Nov. through Mar .
• Activity Guide mailed to all postal
customers: 52,200+ in November
2021 (residents & businesses)
Public Outreach (cont.)
6 •Social Media
• 35 posts
• Facebook
• Nextdoor
• Twitter
Schedule of
Events
7 Date and Time Description
November 2, 2021
7:00 p.m.
Public Hearing
(Online)
November 15, 2021
6:00 p.m.
Workshop
(Online)
November 17, 2021
6:00 p.m.
Workshop
(Online)
January 10, 2022
7:00 p.m.
Public Hearing
(Online)
January 11, 2022
12:00 p.m.
“Office Hour” (drop-in)
(Online)
January 18, 2022 Draft Maps Due
February 1, 2022
7:00 p.m.
Public Hearing
(Online)
March 1, 2022
7:00 p.m.
Public Hearing
(Online
April 5, 2022
7:00 p.m.
Public Hearing
(In-person and Online)
Draft Plans
8 •Total of 13 Draft Plans Considered
• 7 plans on February 1, 2022
• 3 plans drafted by the public
• 4 plans drafted by the City’s independent demographer • 5 plans on March 1, 2022
• 4 plans drafted by the City’s independent demographer • 1 “Proposed Final” created during the March 1, 2022 public hearing • Slight modification of Plan 3A which received majority support
Actions for Tonight
1. Hold Public Hearing and receive input on Proposed Final
2. Provide direction on any refinements to Proposed Final
3. Adopt Ordinance to establish districts by Resolution
4. Adopt Resolution establishing district boundaries
9
Council Questions and
Public Comment
10 City of Concord Redistricting Process
Staff Report
Date: April 5, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering introduction of an Ordinance requiring electronic filing of campaign finance disclosure statements by reading of the title only and waiving further reading.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060, 15061, and/or 15378.
Report in Brief
Considering introduction of an Ordinance requiring electronic filing of campaign finance disclosure statements by reading of the title only and waiving further reading.
Recommended Action
Introduce Ordinance requiring electronic filing of campaign finance disclosure statements by reading of the title only and waiving further reading.
Background
Public access to campaign disclosure information is a vital and integral component of a fully informed electorate. Transparency in campaign financing is critical in order to maintain public trust and support of the political process.
Since the enactment of the Political Reform Act, candidates and committees have complied with filing requirements by filing paper copies of campaign statements and reports. Beginning January 1, 2021, AB 2151 requires local government agencies to post campaign statements and reports on their agency’s website within 72-hour period, and the statements must remain on the agency’s website for at least four years. It takes a significant amount of staff time to ensure these paper filings are readily available to
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City Council Agenda Report
Agenda Item No. 5.b
April 5, 2022
the public by manually scanning and redacting sensitive information and posting these forms to the City’s website. By using electronic filing software, the campaign disclosure statements would instantly post to the web the same day as filed.
A number of our candidates use campaign management firms, and the use of electronic filing will enable them to submit directly without mailing via US mail.
Per California Government Code Section 84615, local jurisdictions may require the filing of campaign statements and reports solely in an electronic form, and must adopt an ordinance to specify this requirement.
Analysis
Not only will moving to electronic campaign statement assist staff, it will also assist candidates and committees and ensure a greater level of consistency and equity between candidate flings. The City will be able to offer this program at no expense to filers, which will ensure all filers have a professional, polished appearance as well as assist in quality control so that no required entries are missed, such as occupation or required committee numbers, which often get overlooked.
In addition, transparency will be increased because filings are easily searchable and all forms will be consistently presented.
The City Clerk’s Office currently uses Granicus for Boards and Commissions software for the boards and commissions recruitment processes and Conflict of Interest (Form 700) software for Form 700 electronic filings, and the use of electronic filing for campaign statements supports the City Council’s Priority Focus Area – Customer Service.
Financial Impact
The annual subscription costs of $6,042.25 for electronic campaign filing software has already been incorporated into the Administrative Services/City Clerk operating budget.
Environmental Determination
Adoption of this Ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because the adoption of the Ordinance does not constitute a “project” and is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment pursuant to CEQA Guidelines Section 15378(b)(5), and will not result in a direct or reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines Sections 15060(c), 15378 and Public Resources Code Section 21065. In addition, the proposed Ordinance is categorically exempt pursuant to Section 15061(b)(3), the common sense exception of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the ordinance may have a significant
City Council Agenda Report
Agenda Item No. 5.b
April 5, 2022
effect on the environment. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.
Public Contact
The City Council Agenda was posted.
Attachment
1. Ordinance Requiring Electronic Filing of Campaign Statements
Ord. No. 22-XX 1
ORDINANCE NO. 22-XX
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CONCORD REQUIRING ELECTRONIC FILING OF
CAMPAIGN FINANCE DISCLOSURE STATEMENTS
WHEREAS, Government Code Section 84615 currently provides that a local agency may adopt an ordinance to require an elected officer, candidate, committee, or other person required to file campaign disclosure statements, required by Chapter 4 of the Political Reform Act (commencing with Section 84100 of the Government Code); and WHEREAS, the City has entered into an agreement with Granicus, a vendor approved by the Secretary of state to provide an online electronic filing system (“System”) for campaign disclosure statements; and
WHEREAS, the System will operate securely and effectively and will not unduly burden filers. Specifically: 1) the System will ensure the integrity of the data and includes safeguards against efforts to temper with, manipulate, alter, or subvert data; 2) the System will only accept a filing the standardized record format developed by the Secretary of State and compatible with the Secretary of State’s system for receiving an online or electronic filing; and 3) the System will be available free of charge to filers and to the public for viewing filings.
WHEREAS, the City Council, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on April 5, 2022, on this proposed ordinance (“Ordinance”), and declared their intent to approve and adopt the Ordinance as an uncodified ordinance requiring electronic filing of campaign statements.
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including oral and written staff reports, materials, documents, exhibits, testimony, and community presentations received at the April 5, 2022 City Council public hearing, that constitutes the record of proceedings upon which the City Council has based its action (collectively, “Ordinance Information”).
Ord. No. 22-XX 2
THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS
FOLLOWS:
Section 1. Recitals. The City Council finds that the above recitals (which are hereby incorporated by reference) are accurate and constitute findings in this matter and, together with the Ordinance Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Ordinance and further makes the following findings.
Section 2. Ordinance Information. The City Council has reviewed, considered, and evaluated all of the Ordinance Information prior to acting upon Ordinance. The Ordinance Information is located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.
Section 3. CEQA. Adoption of this Ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because the adoption of the Ordinance does not constitute a “project” and is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment pursuant to CEQA Guidelines Section 15378(b)(5), and will not result in a direct or reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines Sections 15060(c), 15378 and Public Resources Code Section 21065. In addition, the proposed Ordinance is categorically exempt pursuant to Section 15061(b)(3), the common sense exception of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.
Section 4. Electronic Filing of Campaign Statements.
(a) Whenever any elected officer, candidate, or committee is required to file a campaign statement under the Political Reform Act or the Regulations with the City Clerk, the
Ord. No. 22-XX 3
elected officer, candidate, or committee shall file the statement in an electronic format prescribed by the City Clerk.
(b) Any statement, report, or other document filed electronically or online pursuant to this section will be accepted as an original statement and need not be filed in paper format. (c) The date of filing for a statement, report, or other document that is filed online or electronically shall be the day that it is received by the local filing officer, and the electronic system will confirm with a timestamp ensuring that the statement, report, or other document was received.
(d) If access to online filings has not been prescribed in a timely manner, the elected city officer, candidate, or committee may file an original statement by paper, at the discretion of the Filing Officer (City Clerk).
(e) The provisions of this subsection shall apply only to persons or combinations of persons who qualify as a committee under Section 82013 of the Political Reform Act. //
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Ord. No. 22-XX 4
Section 5. This Ordinance No. 22-XX shall become effective thirty (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.
Dominic Aliano
Mayor
ATTEST:
Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 22-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on April 5, 2022, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on April 26, 2022, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
Ord. No. 22-XX 5
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.
Joelle Fockler, MMC
City Clerk
6.a
6.b
6.c
Staff Report
Date: April 5, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering the formation of a Council Ad Hoc Committee to advise the City Manager on Federal legislative efforts for the remainder of calendar year 2022.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), 15262, and/or 15378.
Report in Brief
In November 2021, President Biden signed a $1 trillion bipartisan infrastructure bill into law. The Infrastructure Bill is a once-in-a-generation investment in our nation’s infrastructure; it includes funding for roads, bridges and rails, access to clean drinking water, high-speed internet, climate, environmental justice, and investment in disadvantaged communities.
The Infrastructure Bill is one example of events occurring at the Federal level that can affect our community. In addition to the Infrastructure Bill, both Congress and the Senate are conducting separate appropriations processes that will allow local governments to submit federal funding requests for the construction or repair of infrastructure, and other important projects within their communities.
The City needs to move expeditiously when funding opportunities such as the Infrastructure Bill and Congressional and Senatorial appropriations processes present themselves. A Council Ad Hoc Committee will discuss the federal legislative agenda with staff, for purposes of supporting the City’s efforts to obtain federal grant funding for Concord’s priority projects. The Ad Hoc Committee will meet as necessary until December 31, 2022.
City Council Agenda Report
Agenda Item No. 7.a
April 5, 2022
Recommended Action
That the Mayor appoint two Councilmembers to serve on a Council Ad Hoc Committee until December 31, 2022 to provide advisement to the City Manager regarding Federal legislative matters.
Background
Ad Hoc Committees
Pursuant to City of Concord – City Council Meeting Procedures Section 4.53.d, the Mayor may, from time to time, announce appointments to ad hoc advisory committees composed solely of less than a majority of the members of the City Council; the announcement of such appointments shall appear on the posted agenda, but shall not require approval from a majority of the City Council.
The use of Ad Hoc committees is permitted under the Brown Act so long as they:
Serve a limited or single purpose that is not perpetual; Are comprised solely of less than a quorum of the City Council (for a five member Council as in Concord, that means two Councilmembers.); Have a defined purpose and timeframe to accomplish that purpose; Dissolve once the specific task is complete or the time has expired; and Are advisory.
An Ad Hoc committee is not subject to notice and posting requirements, nor to holding public meetings, if the above requirements are followed.
Analysis
The proposed Ad Hoc committee meets all the requirements of City Council meeting procedures Section 4.53.d.
A Council Ad Hoc Committee will discuss the federal legislative agenda with staff, for purposes of supporting the City’s efforts to obtain federal grant funding for Concord’s priority projects. The Ad Hoc Committee will meet as necessary until December 31, 2022.
Financial Impact
Creation of the Ad Hoc Committee has no financial impact; however, matters discussed may result in City Manager actions or recommendations to the City Council that have a monetary effect.
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262), and/or 15378, City Council action on this item is not
City Council Agenda Report
Agenda Item No. 7.a
April 5, 2022
subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Public Contact
The City Council Agenda was posted.