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,
November 8, 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
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 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/83380141577?pwd=MHpzc092ekx0MFBaVjJFTUxSZmtmUT09 oWebinar ID: 833 8014 1577
oPasscode: 041717
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 Birsan
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. ANNOUNCEMENT
a. Announcing – a recruitment for the Concord-Pleasant Hill Health Care District Grant Committee to fill an unscheduled vacancy for a term ending June 30, 2023, a vacancy for a term ending June 30, 2023, and a vacancy for a term ending June 30, 2025; and setting a deadline of Friday, December 16, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk.
Report by Joelle Fockler, City Clerk.
4. PRESENTATION
a. Presentation – to the Rainbow Community Center proclaiming November 20, 2022, as "Transgender Day of Remembrance" in the City of Concord.
Introduction by Mayor Aliano.
5. CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/CONCORD-PLEASANT HILL
HEALTH CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council/LRA/CPHHCD on items appearing on the Consent Calendar before or during the City Council’s/LRA’s/CPHHCD’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council/LRA/CPHHCD, 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 August 23 and September 6, 13, 19, and 20, 2022, meetings. Recommended by the City Clerk. 4 b. Considering – adoption of Ordinance No. 22-12 entitled, "An Ordinance of the City Council of the City of Concord Adding Chapter 8.18 (Single-Use Foodware Accessories and Condiments) to Title 8 (Health and Safety) of the Concord Municipal Code Adopting by Reference Chapter 5.2 (Commencing with Section 42270) of Part 3 of Division 30 of the California Public Resources Code Prohibiting a Food Facility from Providing any Single-Use Foodware Accessory or Standard Condiment Unless Requested by Consurmer and Authorizing City and County Enforcement and Penalties." Ordinance No. 22-12 was introduced on October 25, 2022, by reading of the title only and waiving further reading. Recommended by the City Clerk.
CEQA: Exempt/not a project pursuant to Public Resources Section 21065, CEQA Guidelines Sections 15060(c), 15378, and/or 15061(b)(3). c. Considering – introduction of an Ordinance amending the Concord Municipal Code Title 15 (Building and Building Regulations) to include the 2022 California Building Standards Code and the 2021 Uniform Swimming Pool, Spa and Hot Tub Code, and ratifying amendments to the 2022 California Fire Code contained in Contra Costa County Ordinance No. 2022-34, by reading of the title only and waiving further reading. Recommended by the Director of Community Development.
CEQA: Not a project/exempt under and/or Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), and/or 15378. d. Considering – acceptance of improvements for the Traffic Safety Around Schools, Project No. 2576, located at Salvio Street and Date Street, Concord Boulevard and West Street, Ronald Way at Holbrook Language Academy, and East Olivera Road Trail Crossing; and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
e. Considering – approval of the following for Residential Pavement Maintenance – Phase B (including authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney):
(1) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $286,118.80 (base agreement of $260,108.00 plus staff authority to spend up to a 10% contingency of $26,010.80) to provide design engineering and related services for Pavement Maintenance - Zone 4O (Project No. 2607) located in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal; and
(2) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $405,925.30 (base agreement of $369,023.00 plus staff authority to spend up to a 10% contingency of $36,902.30) to provide design engineering and related services for Pavement Maintenance - 5 Zones 5C & 5D (Project No. 2608) located in North Concord, immediately south of Highway 4, including Peralta Road, Northwood Drive, and between Highway 242 and Hillsborough Drive.
See Attachment 1 to the staff report for more specific locations of each Zone.
Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15262, and/or Public Resources Code Section 21065. f. Considering – approval of the following for Residential Pavement Maintenance, Phase C (including authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney):
(1) Agreement for Professional Services with HDR Engineering Inc. in the not-to-exceed amount of $320,817.20 (base agreement of $291,652 plus staff authority to spend up to a 10% contingency of $29,165.20) to provide design engineering and related services for Pavement Maintenance - Zone 1G and Ayers Road (Project No. 2606) located between Clayton Road and Concord Boulevard and between Heather Drive/Mt. Diablo Creek and Ayers Road; and (2) Agreement for Professional Services with HDR Engineering Inc. in the not-to-exceed amount of $472,972.50 (base agreement of $429,975 plus staff authority to spend up to a 10% contingency of $42,997.50) to provide design engineering and related services for Pavement Maintenance - Zones 1E & 1F and Concord Boulevard (Project No. 2618) located between Ayers Road and Kirker Pass Road and between Myrtle Drive and Mt. Diablo Creek.
For detailed locations see Attachment 1 to the staff report. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15262, and/or Public Resources Code Section 21065.
CITY COUNCIL/LOCAL REUSE AUTHORITY/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.
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.
6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. 6 7. REPORTS AND ANNOUNCEMENTS
a. Closed Session Announcements
b. City Manager or Staff Reports
c. Council Reports
8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 12/6/2022 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.