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
Tuesday,
February 14, 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, Astound/Wave Channel 1026, and AT&T 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/86530541025?pwd=YndxRXZWOUg1bkZycmRPbi9hZno1UT09 oWebinar ID: 865 3054 1025
oPasscode: 836170
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 Nakamura
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 to fill two (2) vacancies on the Bicycle and Pedestrian Advisory Committee for a term ending February 28, 2027, and setting a deadline of Tuesday, March 14, 2023, at 5 p.m. as the deadline for receipt of applications by the City Clerk. Report by Joelle Fockler, City Clerk.
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 a Professional Services Agreement with Tetra Tech, Inc., in the not-to-exceed amount of $175,000 for project design, execution and related services for compiling and analyzing language data for socially and disaster vulnerable communities in Concord for the purpose of developing a strategy for incorporating language access consideration into the City’s emergency management plans, (Project No. 2668) and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. 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. b. Considering – adoption of a Resolution authorizing the Contra Costa County Flood Control & Water Conservation District to establish an annual parcel assessment for FY 2023-24 for drainage maintenance and National Pollutant 4 Discharge Elimination System (NPDES) Program. Recommended by the Director of Community Development.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, and/or 15378.
c. Considering – approval of a Professional Services Agreement with Plante Moran, PLLC for Advisory Services for ERP Selection in an amount not to exceed $238,068.00, including a 10% contingency; and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. (CIP Project No. 2529) Recommended by the Director of Information Technology.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. d. Considering – adoption of a Resolution authorizing a non-financial reciprocal agreement with the California Franchise Tax Board for exchange of business license tax data and authorizing the City Manager to execute a non-financial reciprocal agreement with the California Franchise Tax Board (“FTB”) for the exchange of business license tax data for a term beginning January 31, 2023 through December 31, 2025, subject to approval of the agreement by the City Attorney. Recommended by the Director of Finance.
e. Considering:
1. Approval of a Professional Services Agreement for Construction Management, Inspection, and Materials Testing Services in the amount of $430,000 to Dewberry Engineers Inc. for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Broadway, Salvio, Oak, and Grant Streets) [Project No. 2424]; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney; and
2. Approval of budget transfers to the Downtown Corridors Bicycle and Pedestrian Improvement Project (Project No. 2424) in the amounts of $100,000 from Citywide Streetlight Upgrade (Project No. 2649) and $195,000 from Citywide Bridge Repair Program (Project No. 2371) to cover costs associated with two additive bids from the construction contract. (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 pursuant to Public Resources Code Section 21065, Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b), 15273, and/or 15378.
5 5. 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 – the following actions:
1. Adoption of a Resolution approving an Administrative Permit and Design and Site Review for a cannabis storefront and delivery retail business (Culture Club Corporate Enterprise (dba “Culture”) at 1440 Concord Avenue, Suite B, Assessor’s Parcel Number 126-020-108 (PL20113 – AA, DA, DR); and
2. Introduction of an Ordinance approving and adopting a Development Agreement by and between the City of Concord and Culture Club Corporate Enterprise (dba “Culture”) regarding the development of property located at 1440 Concord Avenue, Suite B, Assessor’s Parcel Number 126-020-108 (PL20113 – AA, DA, DR) by reading of the title only and waving further reading. Report by Ryan Lenhardt, Senior Planner.
CEQA: Exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301, 15302, 15303, 15304, and/or 15305.
6. 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. Interview – applicants for the Homeless Strategic Plan Working Group for the Concord Resident and Property Owner, Mental Health Professional, Substance Abuse Professional, and Business Community representatives, and select by a vote the applicants to serve on the Working Group. Report by Joelle Fockler, City Clerk.
b. Considering – a Professional Services Agreement with Thurmond Consulting LLC. for development of a Homeless Strategic Plan in an amount not to exceed $187,000 (base agreement of $170,000 plus staff authority to spend up to a 10% contingency of $17,000) and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report. Report by Leng Power, Community Services Manager.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15306, 15262, 15378, and/or Public Resources Code Section 21065.
6 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
9. COUNCIL REPORTS
a. Considering appointing Councilmembers to represent the City Council on Council committees. Report by Mayor Hoffmeister.
10. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 2/28/2023 6:30 PM
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.