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,
March 7, 2023
5:30 p.m. - Closed Session
6:30 p.m. - Open Session
Closed Session:
City Council
Conference Room
1950 Parkside Drive
Open Session:
Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED MARCH 2, 2023
City Councilmembers will be participating from the Council Chamber. Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.
As a courtesy and technology permitting, members of the public may continue to provide live remote oral public comment via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.
NOTICE: The Closed Session portion of the meeting agenda will be held in person only in the City Council Conference Room,
1950 Parkside Drive. Public Comment for the Closed Session item will be taken in person only when the Closed Session begins at 5:30 p.m.
AMENDED AGENDA
CHANGES HIGHLIGHTED
2 HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.
Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.
2. REMOTE:
a. Zoom:
https://cityofconcord.zoom.us/j/89824493248?pwd=eWsxeEt5alFnanB3a2xKWEo2R2N YQT09 or Zoom Webinar ID: 898 2449 3248 and Passcode: 169475 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).
3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:
1. distributed to the Council before the meeting,
2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and
3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.
4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channel 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watching Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 CLOSED SESSION
1. OPENING
Roll Call
2. PUBLIC COMMENT
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 Participate” above.
3. CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; James Peavey, Human Resources Manager; Donna Lee, Budget Officer; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore
Employee organizations: Administrative, Technical & Clerical Representation Unit and Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856; Professional Representation Unit of OPEIU Local 29
4. RECESS TO OPEN SESSION
4 OPEN SESSION
5. OPENING
Roll Call
Pledge of Allegiance – Vice Mayor Birsan
6. 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 Participate” above.
a. Written Public Comment
7. PRESENTATIONS
a. Presentation – to Trish Beirne, American Red Cross Northern California Coastal Region Leadership Council, proclaiming March 2023 as "Red Cross Month" in the City of Concord. Presentation by Mayor Hoffmeister. b. Presentation – by Aaron Hawkins, General Manager, Live Nation, providing an update on Concord Pavilion. Introduction by Mayor Hoffmeister.
8. 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 Participate” above. a. Considering – adoption of Ordinance No. 23-1 entitled, "An Ordinance Approving and Adopting a Development Agreement by and between the City of Concord and Culture Club Corporate Enterprise, Inc. (DBA "Culture"), Regarding the Development of Property Located at 1440 Concord Avenue, Suite B, Assessor's Parcel Number: 126-020-108." Ordinance No. 23-1 was introduced on February 14, 2023, 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 Sections 15301, 15302, 15303, 15304, and/or 15305. 5 b. Considering – adoption of four resolutions ordering the preparation of the Engineer’s Report for the levy of annual assessments for the City’s four Landscape and Lighting Maintenance Assessment Districts (Maintenance district funds). Recommended by the Director of Public Works.
CEQA: Not a “project” under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(3), 15378, and/or 15061(b)(3). c. Considering – approval to increase fiscal year fuel services agreement amounts with Pinnacle Petroleum from $550,000 to $650,000 and Western States Oil from $80,000 to $120,000 for unleaded and diesel fuel services, and authorize appropriations in fiscal year 2022/23 of $136,900 from the General Fund, $5,400 from the Sewer Operating Fund and $3,100 from the Building Maintenance Fund (Fund 630) to be transferred to the Fleet Maintenance Fund (Fund 633). Recommended by the Director of Public Works.
d. Considering – the following:
1. Award of a Construction Contract in the not-to-exceed amount of $1,144,010.45 (base agreement of $1,040,009.50 plus staff authority to spend up to a 10% contingency of $104,000.95) to MCK Services, Inc. for the Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557) located on Oak Grove Road between Treat Boulevard and Contra Costa Canal Trail; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and
2. Approval of a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $252,530.96 (base agreement of $229,573.60 plus staff authority to spend up to a 10% contingency of $22,957.36) to provide construction management, inspection, and materials testing services for Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557) located on Oak Grove Road between Treat Boulevard and Contra Costa Canal Trail; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
6 9. CITY COUNCIL CONSIDERATION ITEM
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 Participate” above.
a. Considering – a recommendation from the ARPA Ad Hoc Committee (Hoffmeister and Aliano) and adoption of a Resolution authorizing disbursement of $7 million of American Rescue Plan Act funds to nonprofits and authorizing the City Manager to execute grant agreements with awarded nonprofits in a form acceptable to the City Attorney. Report by Justin Ezell, Assistant City Manager.
CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065.
10. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
11. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
12. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 3/14/2023 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.