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,
October 11, 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, 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
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].
2 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/89747130639?pwd=bTFJbDkxVDZnYjYvZEE0TWd5aXFEQT09 oWebinar ID: 897 4713 0639
oPasscode: 937879
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. PRESENTATIONS
a. Presentation – by the Concord 4th of July Committee to the winning entries of the 2022 4th of July Parade and special recognitions to supporters and sponsors of the 4th of July activities. Introduction by Mayor Aliano b. Presentation – an update on the Family Justice Center by Natalie Oleas, Central Center Director, and Susun Kim, Executive Director. 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 June 21, 2022, and August 9, 2022, meetings. Recommended by the City Clerk
b. Considering – acceptance of improvements for the Pavement Maintenance Zone 3 Project (Project No. 2443) — the neighborhood surrounding Woodside Elementary school, including residential streets Barrymore Drive, McKean Drive, San Simeon Drive, and Citrus Avenue; and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
4 c. Considering – award of three-year contract for janitorial services not to exceed amount of $535,000 per year to Universal Building Services and Supply, Co. with the option to extend the contract for two (2) additional one (1) year periods, authorizing staff to increase the annual amount no more than 3% each fiscal year thereafter, and authorizing the City Manager to execute a contract in a form acceptable to the City Attorney. (Building Maintenance Fund) Recommended by the Director of Public Works. d. Considering – approval of a License Agreement with RMG Housing for a fee of $5,800 per month to allow temporary use of the City-owned site at 1765 Galindo Street as a construction yard for the storage, staging, and mobilization of modular units for building construction at 1335 Galindo Street, for the period between February 1, 2023 to April 30, 2023 (APN: 126-143- 012); and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
CEQA: Exempt per CEQA Guidelines Sections 15301 – Existing Facilities, 15303 - New Construction or Conversion of Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations. e. Considering – adoption of Ordinance No. 22-10 entitled, "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 Property Located at 1045 Galaxy Way, Assessor's Parcel Number: 126-325-004 (PL21153 – AA, ME, DR, DA). Ordinance No. 22-10 was introduced on September 27, 2022, by reading of the title only and waiving further reading. Recommended by the City Clerk
CEQA: Exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) – Common Sense Exemption. f. Considering – adoption of Ordinance No. 22-11 entitled, "An Ordinance Repealing Urgency Ordinance No. 20-5, Which Approved the Concord Forward Action Plan (Plan) and Authorized Temporary Waiver/Suspension of Enforcement of Certain Concord Municipal Code Provisions and Temporarily Waived Certain Fees in the Master Fees and Charges Schedule in Order to Support Implementation of the Plan and Facilitate Business Operations Impacted by Novel Coronavirus. Ordinance No. 22-11 was introduced by reading of the title only and waiving further reading on September 27, 2022.
Recommended by the City Clerk.
Not a project/exempt pursuant to Public Resources Code 21065, Guidelines Sections 15060(c), 15061(b)(3), 15304, 15311, and/or 15378.
5. CITY COUNCIL CONSIDERATION ITEMS
5 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 – approval of selected artwork for Phase III of the Utility Box Artwork Program; and authorize the City Manager to execute the artist agreements in a form approved by the City Attorney. Report by Justin Ezell, Assistant City Manager.
CEQA: Exempt/not a project per CEQA Guidelines Sections 15060(c)(2), 15378, 15061(b)(3), and/or 15300.2.
b. Considering – directing staff to make changes to the eligibility criteria and written application for Planning Commission recruitments. Report by Joelle Fockler, City Clerk.
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 – adoption of a Resolution pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 approving the issuance of the California Municipal Finance Authority multifamily housing revenue bonds in an aggregate principal amount not to exceed $85,000,000 for the purpose of financing or refinancing the acquisition, construction, improvement and equipping of The Argent, an entitled affordable multifamily rental housing project with a site location of 2400 Willow Pass Road, Concord, California and certain other matters relating thereto. Report by Sophia Huckabay, Housing Program Analyst.
CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378 and/or Public Resources Code Section 21065.
7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
6 a The Mayor’s Announcement of an extension of the ARPA Ad Hoc Committee’s scope and term for the purpose of making
recommendations to Council on nonprofit grant awards; the Committee will continue to exist only until $7,000,000 of grant award recommendations are made to the full Council. Report by Justin Ezell, Assistant City Manager.
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
Next Meeting: Regular Meeting
Date: 10/25/2022 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.