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
Concord/Pleasant Hill
Health Care District
Tuesday,
May 3, 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
How to Submit Public Comments:
Please note that emailed comments will not be read aloud by staff. 2 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/85708903329?pwd=bVlKWDRwWC9YWjIrWGVSK1JJaWM5Zz09 oWebinar ID: 857 0890 3329
oPasscode: 210871
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 Obringer
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 – to the City Clerk's Office staff declaring the week of May 1 - 7, 2022, as "Municipal Clerks' Week" in the City of Concord. Introduction by Mayor Aliano.
4. CITY COUNCIL/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council/CPHHCD on items appearing on the Consent Calendar before or during the City Council’s/CPHHCD’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.
City Council Consent Calendar
a. Considering – approval of the minutes from the April 5, 2022, meeting.
Recommended by the City Clerk.
b. Considering – adoption of Ordinance No. 22-6, entitled "An Ordinance of the City Council of the City of Concord Adopting and Approving Concord Police Department Policy 706, Military Equipment Use Policy, in Compliance with California Assembly Bill No. 481." Ordinance No. 22-6 was introduced on April 12, 2022, by reading of the title only and waiving further reading.
Recommended by the City Clerk.
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 16061(b)(3).
Note: This ordinance will be uncodified.
4 c. Considering – adoption of Ordinance No. 22-7 entitled, "An Ordinance of the City Council of the City of Concord, California, Authorizing 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 20516 (Employees Sharing Additional Cost) for All Classic Members in the Concord Police Association and the Concord Police Association-Managers' Representation Unit." Ordinance No. 22-7 was introduced on April 12, 2022, by reading of the title only and waiving further reading. Recommended by the City Clerk.
Note: This ordinance will be uncodified.
d. Considering – approval of a three-year Maintenance Services Agreement in the amount of $2,250,000 (average of $750,000 per fiscal year) with West Coast Arborists, Inc. to provide tree maintenance services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Director of Public Works.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 14301, 15304.
e. Formally cancel – the March 2, 2020, award of a contract for the Centre Concord Foundation Stabilization Project (PJ 2481) in the amount of $236,706.80 to Engineered Soil Repairs, Inc. of Walnut Creek, reject all bids, and authorize staff to re-advertise the project. Recommended by the Director of Public Works.
CEQA: Exempt under Guidelines Sections 15301, 15302, 15303, 15304. and/or 15323.
f. Considering – acceptance of improvements for Diamond Blvd / Willow Pass Road Sewer Repair (Project No. 2554); directing the City Clerk to file a Notice of Completion.
g. Considering – adoption of a Resolution adopting a list of projects for Fiscal Year 2022-23 to be funded by SB 1: the Road Repair and Accountability Act of 2017) Recommended by the Director of Community Development.
CEQA: Not a “project” under CEQA Guidelines 15060(c)(2) and 15378; in the alternative, exempt pursuant to Section 15061(b)(3).
5 h. Considering – the award of a Construction Contract in the amount of $2,887,545 to Bay Pacific Pipelines Inc. for the Ellis Lake Area Sanitary Sewer Improvement Project [Project No. 2447] and authorizing Staff to utilize the available project contingency for contract change orders up to 20% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and considering approval of a Professional Services Agreement with Dewberry Engineers Inc. in the not-to-exceed amount of $472,782 (base agreement of $429,801.95 plus staff authority to spend up to a 10% contingency of $42,980.05) for construction management, inspection, and materials testing services and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Sewer Capital Facility Replacement Fund) Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
i. Considering – approval of an Amended and Restated Solid Waste Franchise Agreement with Mount Diablo Resource Recovery in response to changes in the solid waste industry. Recommended by the Director of Public Works.
Concord-Pleasant Hill Health Care District Consent Calendar j. Considering the appointment of Niko Anagnostopoulos as a City of Concord representative to the John Muir Community Health Fund Board for a term ending December 31, 2025, due to an unscheduled vacancy created by the death of Dr. Michelle Hernandez.
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 – direction to staff and the applicant on Council’s willingness to consider an application for an amendment to the General Plan designation and zoning classification of a 0.86-acre site located at 1536, 1538, and 1540 Farm Bureau Road from Low Density Residential to Medium Density Residential, which would allow for a density range of 11 to 32 units per net acre, where the current allowed density range is 2.5 to 10 units per net acre..
Report by Michael Hart, Assistant Planner.
CEQA: Not a project pursuant to Public Resources Code Sections 21080(a), 21065, and/or CEQA Guidelines Section 15378.
6 6. 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 the following:
1) Providing direction on adopting a base rate for sanitation and refuse fees; and
2) Adoption of a Resolution to update the City’s Master Fees and Charges Schedule by amending Exhibit A to Resolution No. 78-6042 establishing fees and charges for various municipal services in the City of Concord. Report by Kylie Hicks, Budget Analyst.
CEQA: Exempt/not a project per Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2) or (3), 15378, and/or 15061(b)(3).
7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to Senator Archuleta, Chairman, Committee on Military and Veterans Affairs re: SJR 15 - Port Chicago (Glazer) - April 26, 2022
8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
a Considering the formation of a Council Ad Hoc Committee to develop recommendations for full Council review on the American Recovery Plan Act (ARPA) Investment Plan—specifically on spending categories, dollar allocations to spending categories, and process for allocating funds within each spending category; the Committee will exist until recommendations are made to the full Council or the end of calendar year 2022, whichever comes first. 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.
9. ADJOURNMENT
7 Next Meeting: Regular Meeting
Date: 5/10/2022 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.