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,
December 6, 2022
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
NOTICE: Members of the City Council, City staff/consultants, and/or 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/88552169844?pwd=WG5UZnlQL1Z5dFFnYU9Bek5vODNNUT09 oWebinar ID: 885 5216 9844
oPasscode: 544850
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 – of the Mayor's Community Service Award. Presentation by Mayor Aliano.
4. CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA)/CITY COUNCIL SITTING AS THE 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 September 27; October 4, 11, and 25; and November 1, 8, and 22, 2022, meetings. Recommended by the City Clerk.
b. Receiving – the Treasurer's Report for the period July 1 - September 30, 2022. Recommended by the City Treasurer.
c. Considering – adoption of Ordinance No. 22-13 entitled, "An Ordinance Amending Concord Municipal Code Title 15 (Buildings and Building Regulations) to Include the 2022 California Building Standards Code and the 2021 Uniform Swimming Pool, Spa and Hot Tub Code and Ratifying the 4 Amendments to the 2022 California Fire Code Contained in the Contra Costa County Ordinance No. 2022-34." Ordinance No. 22-13 was introduced on November 8, 2022, by reading of the title only and waiving further reading.
Recommended by the City Clerk.
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 – approval of a Professional Services Agreement with RRM Design Group (“RRM”) to update the pre-approved Accessory Dwelling Units (ADUs) drawings in conformance with the 2022 California Building Standards Code in an amount not to exceed $22,500 for a one-year term, in a form approved by the City Attorney; and authorizing the City Manager to execute the agreement. (SB2 PGP grant funds) Recommended by the Director of Community Development.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15060(c)(3), and/or or 15378.
e. Considering – the award of a Construction Contract in the amount of $253,362 to Rosas Brothers Construction for the Citywide Accessibility Improvements No. 9 (Project No. 2602) and authorizing staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and approving a related budget transfer of $23,000 from Citywide Accessibility Improvements No. 8 (Project No. 2519). (Funded by Community Development Block Grant Funds, Measure Q Local Funds) Recommended by the Director of Community Development.
NEPA: Categorical exclusion per Section 24 CFR 58.25 (a)(2).
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.
f. Considering – award of On-Call Construction Contract for On-Call Citywide Sidewalk Replacement Phase 3 (Project No. 2341) to Kerex Engineering Inc. of Pleasant Hill for one year (with two one-year extensions possible) in the amount not to exceed $400,000 annually. (Funding source varies and includes property owner reimbursements) Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(2), 15061 (b)(3), 15273, 15282 (j), 15378, 15301, Public Resources Code Section 21065 and/or 21080.19.
5 6
g. Considering – approval of a Facility Use Agreement with the Terrapins Swim Team covering the period of January 1, 2023, through December 31, 2027, and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. Recommended by the Director of Parks and Recreation.
CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060, 15378, and 15061, 15301, and 15323. h. Considering – adoption of a Resolution approving the Summary Vacation of excess right of way abutting the East side of 2400 Willow Pass Road (APN 126-082-008) pursuant to Section 8334 of the Streets and Highways Code; (2) adoption of a Resolution declaring approximately 54 square feet of City property abutting the northwest edge of that excess right of way to be exempt surplus land; and (3) authorizing the City Manager to execute a quitclaim deed prepared by the City Attorney transferring that approximately 54 square feet of excess surplus land to 2400 Willow Pass, L.P., a California limited partnership, upon (a) its acquisition of 2400 Willow Pass Road (APN 126- 082-008), (b) execution of an offer of dedication to the City right of way at the corner of Willow Pass Road and Port Chicago Highway, and (c) payment to the City of the fair market price of $8,262, to facilitate the development of the Argent affordable housing project. Recommended by the Director of Community Development.
CEQA: Exempt from further environmental review pursuant to CEQA Guidelines Sections 15183.
CITY COUNCIL/LOCAL REUSE AUTHORITY/CONCORD-PLEASANT HILL HEALTH CARE
DISTRICT CONSENT CALENDAR
i. 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.
7 5. CITY COUNCIL REORGANIZATION PROCEEDINGS
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 – adoption of a Resolution declaring and accepting the results of the November 8, 2022, General Municipal Election for the City of Concord.
Report by Joelle Fockler, City Clerk.
b. Recognition – of and comments by outgoing Councilmember Timothy A.
McGallian.
c. Comments – on his year as Mayor. Report by Mayor Aliano. d. Oath of Office – for Councilmembers-elect Aliano, Hoffmeister, and Nakamura and City Treasurer-elect Patti Barsotti. Conducted by Joelle Fockler, City Clerk.
e. Comments – by Councilmembers-elect and City Treasurer-elect. f. Considering – nomination of Mayor and adoption of a Resolution confirming and designating Mayor of the City of Concord. Recommended by the City Clerk.
g. Considering – nomination of Vice Mayor and adoption of a Resolution confirming and designating Vice Mayor of the City of Concord.
Recommended by the City Clerk.
6. LOCAL REUSE AUTHORITY REORGANIZATION CONFIRMATION
a. Considering – confirmation of the designation of Mayor and Vice Mayor to serve as the Chair and Vice Chair of the Local Reuse Authority for the Concord Naval Weapons Station Reuse Plan as authorized by Resolution No. 06-01, adopted January 10, 2006. Recommended by the City Clerk.
7. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 12/13/2022 6:30 p.m.
8 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.