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,
September 27, 2022
5:30 p.m. - Closed Session
6:30 p.m. - Open Session
Closed Session: City
Council Conference
Room
1950 Parkside Drive
Open Session: Council
Chamber
1950 Parkside Drive
and Various
telephonic/electronic
locations
NOTICE: The Closed Session portion of the meeting agenda will be held in person only in the City Council Conference Room, 1950 Parkside Drive. Public Comment for the Closed Session item will be taken in person only when the Closed Session begins at 5:30 p.m.
Members of the City Council, City staff/consultants, and the public will be able to participate in the Open Session 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. 2 How to Watch the Meeting:
Watch on TV on Comcast Channel 28, Wave Channel 29, and U-verse Channel 99 Watch the TV broadcast through the City’s website by following THIS LINK Watching Live Streaming of the meeting by following THIS LINK 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
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 not 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/82358471029?pwd=ZWVOWjAvV1pha0RkZFQ2N01WVTV3dz09 oWebinar ID: 823 5847 1029
oPasscode: 652890
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 3 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.
4 CLOSED SESSION
1. OPENING
Roll Call
2. CLOSED SESSION
The public is entitled to address the City Council on Closed Session items appearing on the agenda before the City Council’s consideration of the items. Each speaker will be limited to approximately three minutes per Closed Session agenda item.
a. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore
Employee organizations: Peace Officer Representation Unit of Concord Police Officers Association; and Police Managerial Representation Unit of Police Managers’ Association
3. RECESS TO OPEN SESSION
OPEN SESSION
4. OPENING
Roll Call
Pledge of Allegiance – Vice Mayor Hoffmeister
5. 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
6. PRESENTATION
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. 5 a. Presentation – by Chief of Police Mark Bustillos on the Police Department's use of Unmanned Aircraft Systems (UAS/drones). Introduction by Mayor Aliano.
7. 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 – adoption of a Resolution accepting and appropriating grant funding from the California Office of Traffic Safety (OTS) in the amount of $175,000 for the City’s Selective Traffic Enforcement Program.
Recommended by the Chief of Police.
b. Considering – approval of a 24-month Services Agreement with Peregrine Technologies for data integration services and electronic court case filing, with the option to renew for one additional 24-month term, in a total amount not to exceed $1,099,400 over four years, including a 15% contingency, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund) Recommended by the Chief of Police.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. c. Considering – adoption of a Resolution accepting the Fiscal Year 2021/22 Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing the City Manager or designee to submit, on behalf of the City of Concord, the CAPER, consistent with the program rules which govern the Community Development Block Grant (CDBG) Program as required by the U.S. Department of Housing and Urban Development (HUD) Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065. d. Considering – approval of the First Amendment to the Professional Services Agreement with Gary D. Nelson Associates, Inc. for administrative staff services in the City Clerk's Division in the amount of $60,000 for a not to exceed amount of $80,000 and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (General Fund) Recommended by the City Clerk.
6 e. Considering – acceptance and appropriation of $3,800,000 Affordable Housing and Sustainable Communities (AHSC) Program Grant funds from the California Strategic Growth Council (SGC) for the Downtown Corridors Bicycle and Pedestrian Improvements Project (Project No. 2424) (Fund 402); and Authorize the City Manager to sign documents as necessary or desirable pertaining to the grant, subject to City Attorney approval Recommended by the Director of Community Development.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c), 15378, and/or 15061(b).
8. CITY COUNCIL CONSIDERATION ITEMS
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 – a presentation on recommendations from the Council Ad Hoc Committee for the American Rescue Plan Act Investment Plan and providing direction to staff on next steps. Report by Justin Ezell, Assistant City Manager.
b. Considering – appointment of one member to the Planning Commission for a term ending February 28, 2023, by ballot vote. Report by Joelle Fockler, City Clerk.
9. 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 an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis storefront and delivery retail business (Authentic Concord (dba “Stiiizy”)) at 1045 Galaxy Way, APN 126-325-004 (PL21153 – AA, ME, DA, DR), and
2) Introduction of an Ordinance approving and adopting a Development Agreement by and between the City of Concord and Authentic Concord, LLC (dba “Stiiizy”)regarding the development of a cannabis storefront and delivery retail business located at 1045 Galaxy Way, Assessor’s Parcel Number 126- 325-004 (PL21153 – AA, ME, DA, DR) by reading of the title only and waving further reading. Report by Lorna Villa, Associate Planner.
CEQA: Exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) – Common Sense Exemption. 7 b. Considering – introduction of an Ordinance to repeal Urgency Ordinance No. 20-5, which approved the Concord Forward Action Plan and authorized the temporary suspension of enforcement of certain Concord Municipal Code provisions and temporary waiver of certain fees in the Master Fees and Charges Schedule (Resolution No. 78-6042) by reading of the title only and waiving further reading. Report by Robert Carrera, Economic Development Specialist.
Not a project/exempt pursuant to Public Resources Code 21065, Guidelines Sections 15060(c), 15061(b)(3), 15304, 15311, and/or 15378.
10. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
11. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
12. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 10/4/2022 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.