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/City
Council Sitting as the
Local Reuse
Authority/City Council
Sitting as the Concord-
Pleasant Hill Health Care
District
Tuesday,
April 12, 2022
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and various
telephonic/electronic
locations
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
AMENDED AGENDA
CHANGES IN GREEN
HIGHLIGHTED TEXT
2 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 Espanol durante esta junta, por favor entre a la junta de Zoom usando ESTE ENLACE.
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/85367432047?pwd=WEk4N1F2cVIvNzkwMjJ2dDFYVDJWUT09 oWebinar ID: 853 6743 2047
oPasscode: 124374
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. 3 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.
OPEN SESSION
1. OPENING
Roll Call
Pledge to the Flag - Vice Mayor Hoffmeister
2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.
State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Submit Public Comments” above. a. Written Public Comment
3. PRESENTATION
a. Presentation – Police Department Update from Concord Chief of Police Mark Bustillos. 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 – a request from the Todos Santos Business Association Arts Foundation for $50,000 funding and in-kind City services to support the July 4, 2022, parade and fireworks events; and finding that authorizing such funding provides demonstrable benefit to the citizens of Concord by reversing certain negative impacts of COVID-19 and strengthening community connectivity. Recommended by the Assistant City Manager. b. Considering – rejection of all bids for RFB #2467, Network Rewire of PD Headquarters, and directing staff to revise the bid documents and re- 4 advertise the project for bids. Recommended by the Director of Information Technology.
c. Considering – rejection of all bids for RFB #2466, Diablo Creek Golf Course Maintenance Building, and directing staff to revise the bid documents and re- advertise the project for bids.t Recommended by the Director of Public Works.
d. Considering – adoption of a Resolution approving the request of the City of Pleasant Hill to allow Sunvalley Mall and certain other City of Concord commercial properties to be included in Pleasant Hill Landscaping and Lighting Assessment District #20, Commercial Area Landscaping and Lighting. (No fiscal impact) Recommended by the Director of Public Works.
CEQA: Not a project and/or exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)), 15378, and/or 15061(b)(3). e. Considering – adoption of eight Resolutions accepting the Preliminary Engineer's Reports and ordering improvements in the Downtown Landscape Maintenance District, Pine Hollow Landscape Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District, and setting a Public Hearing for May 10, 2022.
Recommended by the Director of Public Works.
CEQA: Not a project and/or exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15378, and/or 15061(b)(3).
f. Considering – approval of purchases of stormwater green infrastructure construction materials in the not-to-exceed amount of $822,604.80 (includes original quotes total of $747,822.55 plus Staff authority to spend up to a 10% contingency of $74,782.25) for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512) (Caltrans Reimbursement Funds).
Recommended by the Director of Community Development.
CEQA: Exempt per CEQA Guidelines Sections 15301 and 15302.
City Council/City Council Sitting as the Local Reuse Authority/City Council Sitting as the Concord-Pleasant Hill Health Care District Consent Calendar g. Considering – adoption of 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 (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361. Recommended by the City Clerk. 5 CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.
5. CITY COUNCIL PUBLIC HEARINGS
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.
After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Considering – the following actions:
1) Adoption of a Resolution approving a Use Permit, Variance, Administrative Permit, and Design and Site Review for a cannabis microbusiness with storefront retail for Kolaboration Concord LLC at 2366 Stanwell Circle, APN 126-252-021, -022, and -006 (PL21109); and
2) Introduction of an Ordinance approving a Development Agreement between the City of Concord and Kolaboration Concord LLC (PL21109 - UP, VA, AA, DR, DA) regarding the development of a cannabis microbusiness with storefront retail component located at 2366 Stanwell Circle; APNs 126- 252-021, -022, and -006 (PL21109) by reading of the title only and waiving further reading. Report by Frank Abejo, Principal Planner.
CEQA: Categorically exempt pursuant to the following CEQA Guidelines Sections 15301, 15302, 15303, 15304; and/or Section 15305. b. Considering – introduction of an uncodified Ordinance adopting and approving Concord Police Department Policy 706, Military Equipment Use Policy, in compliance with California Assembly Bill No. 481 (AB 481), by reading of the title only and waiving further reading. Report by Kevin Halm, Provisional Police Lieutenant.
CEQA: Not a “project” under Public Resources Code Section 21065, Guidelines Sections 15060(c)(2) and/or 15378; in the alternative, is exempt under Guidelines Sections 15061(b)(3).
c. Considering –
(1) adoption of a Resolution of Intention to Approve an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Concord to amend provisions pursuant to Government Code Section 205165 (Employees Sharing Additional Cost) for all classic members in the Concord Police Association and the Concord Police Association-Managers’ Representation Unit; and
6 (2) introduction of an ordinance approving an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Concord to amend provisions pursuant to Government Code Section 205165 (Employees Sharing Additional Cost) for all classic members in the Concord Police Association and the Concord Police Association-Managers’ Representation Unit, by reading of the title only and waiving further reading. Report by Lisa Bartlow, Senior Human Resources Analyst.
6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to Senators Feinstein and Padilla RE: Support for Community Project Funding Proposal - Citywide LED Streetlight Conversion - April 1, 2022 b. Letter to Senator Padilla RE: Local Support for Just Transition Economic Revitalization Plan Phase II Congressionally Directed Spending Request from Contra Costa County - April 1, 2022
c. Letter to Senators Feinstein and Padilla RE: Support for Community Project Funding Proposal - Fiber Along Monument Corridor - April 1, 2022 d. Letter to Assembly Member Wicks RE: Support of Assembly Bill 2547 (Nazarian) - April 6, 2022
7. REPORTS AND ANNOUNCEMENTS
a. Closed Session Announcements
b. City Manager or Staff Reports
c. Council Reports
8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 4/26/2022 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.
7 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.