1 COUNCILMEMBERS
Laura M. Hoffmeister, Mayor
Edi E. Birsan, Vice Mayor
Dominic D. Aliano
Laura M. Nakamura
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,
January 10, 2023
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 the public will be able to participate either in-person and/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
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
Amended Agenda
Adding
Interpreter Information
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/81680417979?pwd=Mk82dmFteTlvb3FETnhwODZ2NTRyZz09 oWebinar ID: 816 8041 7979
oPasscode: 791161
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. a. Written Public Comment
3. PRESENTATION
a. Presentation – of Business Recognition Awards to Cobham Satzom, Pacific Service Credit Union, and Smile Family Dentistry - Dr. Kent Davis. Overview of program and introduction of recipients by Robert Carrera, Economic Development Specialist. Presentations by Melissa Rea, President/CEO, Greater Concord Chamber of Commerce. Introduction by Mayor Hoffmeister.
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 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.
CITY COUNCIL CONSENT CALENDAR
a. Considering – approval of the minutes from the December 6 and 13, 2022 meetings. Recommended by the City Clerk.
b. Considering – acceptance of improvements for the Library Roof Replacement Project (Project No. 2569); and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
4 c. Considering – the award of a Construction Contract in the amount of $3,546,189.75 to Ghilotti Bros Inc. for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Broadway, Salvio, Oak, and Grant Streets) [Project No. 2424] and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Funded by Affordable Housing and Sustainable Communities Grant Funds, Measure V Lease Revenue Funds). 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.
d. Considering – adoption of a Resolution approving the request to Metropolitan Transportation Commission by the City of Concord for an allocation of $240,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2023-2024. This funding will support the Sun Terrace Elementary School Crossing Enhancements Project, located on Floyd Lane at Falcon Drive and Cardinal Drive. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15282(j), 15378, 15301, 15302, 15303, 15304, Public Resources Code Section 21065, and/or 21080.19.
e. Considering – approval of an Amendment to a Professional Services Agreement with MIG, Inc. to address Senate Bill 9 for incorporation into the Objective Design Standards document, in an amount not to exceed $38,260, in a form approved by the City Attorney; and authorizing the City Manager to execute the agreement. (LEAP and REAP grant funds and General Fund) 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 15378.
f. Considering – approval of the following for Residential Pavement Maintenance, Phase D (including authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney):
Agreement for Professional Services with R.E.Y. Engineers, Inc. in the not-to- exceed amount of $874,495.60 (base agreement of $794,996 plus staff authority to spend up to a 10% contingency of $79,499.60) to provide design engineering and related services for Pavement Maintenance - Zone 3I (Project No. 2612) located between David Avenue and Monument Boulevard 5 and between Walnut Creek and Dias Drive; Pavement Maintenance - Zone 1M (Project No. 2614) located between Mount Diablo Creek and Clayton Road and between Ayers Road and Kirker Pass Road; Pavement Maintenance - Zone 4C (Project No. 2622) located between Cowell Road and the City of Walnut Creek border and between Rose Lane and Ygnacio Valley Road; and Pavement Maintenance - Zone 1I (Project No. 2625) located between Clayton Road and Galindo Creek and between Bailey Road and Willcrest Drive. 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. g. Considering – approval of an Agreement for Professional Services with Bellecci & Associates, Inc. in the not-to-exceed amount of $170,335 (base agreement of $154,850 plus staff authority to spend up to a 10% contingency of $15,485) to provide design engineering and related services for Pavement Maintenance - Zone 2L (Project No. 2626) located between Concord Boulevard and Clayton Road and between Port Chicago Highway and the Contra Costa Canal. 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
h. 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.
5. 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 – comments from the California Department of Housing and Community Development (HCD) on the City's draft Housing Element Update (HEU), and providing input to be incorporated into a revised HEU for adoption by the City Council. Report by Aaron Sage, Principal Planner. 6 CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3) and 15378, and/or Public Resources Code Section 21065.
b. Considering – a report from staff regarding tobacco regulations and enforcement in Concord, and providing direction to staff on whether to draft policy that further regulates tobacco in Concord. Report by Justin Ezell, Assistant City Manager.
c. Considering – selection of applicants to interview for the Homeless Strategic Plan Working Group and directing staff on how to address having only one applicant for both the Mental Health Professional and the Substance Abuse Professional appointments. Report by Joelle Fockler, City Clerk. d. Considering – approval of the 2023 City Council Meeting Calendar (continued from December 13, 2022). Report by Joelle Fockler, City Clerk.
6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
7. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 1/24/2023 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 7 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.