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
Tuesday,
April 26, 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.
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
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/86786611802?pwd=RGh4ZDNsVnFEY1RkZjNZdVp1RWtVQT09 oWebinar ID: 867 8661 1802
oPasscode: 525054
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 of Allegiance - Councilmember McGallian
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 – by Aaron Hawkins, Concord Pavilion General Manager, providing an update on the Concord Pavilion. Introduction by Mayor Aliano.
4. CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR The public is entitled to address the City Council/LRA on items appearing on the Consent Calendar before or during the City Council’s/LRA’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council/LRA, 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.
City Council Consent Calendar
a. Considering – approval of the minutes from the March 22 and April 2, 2022, meetings. Recommended by the City Clerk.
b. Considering – adoption of Ordinance No. 22-4 entitled, "An Uncodified Ordinance of the City Council of the City of Concord Requiring Electronic Filing of Campaign Finance Disclosure Statements." Ordinance No. 22-4 was introduced on April 5, 2022, by reading of the title only and waiving further reading. Recommended by the City Clerk.
c. Considering – adoption of Ordinance No. 22-5 entitled, "An Ordinance Approving and Adopting a Development Agreement by and Between the City of Concord and Kolaboration Concord, LLC, Regarding the Development of a 4 Cannabis Microbusiness with a Storefront Retail Component Located at 2366 Stanwell Circle, Assessor's Parcels Numbers: 112-252-021, -022, and -006 (PL21109 - DA, UP, VA, DR)." Ordinance No. 22-5 was introduced on April 12, 2022, by reading of the title only and waiving further reading.
Recommended by the City Clerk.
CEQA: Categorically exempt pursuant to the following CEQA Guidelines Sections 15301, 15302, 15303, 15304; and/or Section 15305. d. Considering – adoption of a Resolution Amending Policy and Procedure No. 31 – Budget Appropriation Transfer Controls Recommended by the Director of Finance.
CEQA: Not a project/exempt per Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c)(2), 15060(c)(3), 15378, 15061(b)(2), 15061(b)(3) and/or 15378(b)(4).
e. Considering – introduction of an Ordinance amending Concord Municipal Code, Title 12 (Streets & Sidewalks), Chapter 12.15, Street Encroachments, to add a moratorium on and require enhanced restoration for certain street cuts within a five year period in order to formally define a moratoria of trenching on streets that have received maintenance or rehabilitation within a period of five (5) years, and either prohibit encroachments or, by exception granted by the City Engineer, to require enhanced restoration during the moratorium period; by reading of title only and waiving further reading.
Recommended by the Director of Community Development.
CEQA: Not a project/exempt under CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15378, 15301, 15302, 15303, and/or 15304.
f. Considering – approval of funding agreement with CCTA as part of the Cooperative Agreement No. 08C.05 with County Connection, Contra Costa Transportation Authority and City of Walnut Creek for the IDEA Grant – TSP System approved by Council on October 12, 2021; and authorizing the City Manager to execute these agreements in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15262, and or Public Resources Code Section 21065.
g. Considering – approval of letter of support for SJR 15 – Port Chicago (Glazer) to Senator Bob Archuleta, Chairman of the Committee on Military and Veterans Affairs, to provide full exoneration of the 50 African American Sailors of the United States Navy who were tried and convicted of mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, 5 California, during World War II. Recommended by the Assistant City Manager.
Local Reuse Authority Consent Calendar
h. Considering – an amendment to the Professional Services Agreement (PSA) with Burke, Williams & Sorenson, LLP in the amount of $40,000 for work drafting the Term Sheet related to the Master Developer Selection process at the former Concord Naval Weapons Station establishing a new total not-to- exceed amount of $100,000; and authorizing the Executive Director of the Local Reuse Authority to execute the amendment in a form acceptable to the City Attorney. (From ENA Deposit to the LRA by Concord First Partners, LLC) Recommended by the Director of Economic Development and Base Reuse. i. Considering – an amendment to the Professional Services Agreement (PSA) with Jarvis, Fay & Gibson, LLP in the amount of $30,000 for work land use advice on the Term Sheet related to the Master Developer Selection process at the former Concord Naval Weapons Station establishing a new total not-to- exceed amount of $90,000; and authorizing the Executive Director of the Local Reuse Authority to execute the amendment in a form acceptable to the City Attorney. (From ENA Deposit to the LRA by Concord First Partners, LLC) Recommended by the Director of Economic Development and Base Reuse.
5. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – the following:
1. Receiving a presentation on community feedback for American Rescue Plan Act (ARPA) Investments;
2. Approving the ARPA spending categories;
3. Approving the dollar amounts allocated to each spending category from the $19.0 million of one-time ARPA funds and $1.0 million on annual, recurring Measure V funds; and
4. Providing direction to staff on next steps for developing a funding allocation process for each spending category. Report by Karan Reid, Director of Finance.
CEQA: Not a project/exempt per Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c)(2), 15060(c)(3), 15378, 15061(b)(2), 15061(b)(3), and/or 15378(b)(4).
6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. 6 7
7. REPORTS AND ANNOUNCEMENTS
a. Closed Session Announcements
b. City Manager or Staff Reports
c. Council Reports
8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 5/3/2022 6:30 PM
NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.
In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.