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
Concord-Pleasant Hill
Health Care District
Tuesday,
June 13, 2023
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED JUNE 8, 2023
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. 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/85684659177?pwd=TjZmMkk2M3B0SVhuZHljc0s0Y1Bz QT09 or Zoom Webinar ID: 856 8465 9177 and Passcode: 975612 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 OPEN SESSION
1. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 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 Participate” above.
a. Written Public Comment
3. PRESENTATION
a. Presentation – to Visit Concord CEO and President Elaine Schroth proclaiming June 13, 2023, as "Elaine Schroth Day" in the City of Concord, in honor of her retirement and years of service to the Concord community.
Presentation by Mayor Hoffmeister.
4. CITY COUNCIL/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 Participate” above.
CITY COUNCIL CONSENT CALENDAR
a. Considering – approval of the minutes from the May 9, 2023, meeting.
Recommended by the City Clerk.
b. Considering – adoption of Ordinance No. 23-3 entitled, "An Ordinance Amending Chapter 5.100 of the Concord Municipal Code (Tobacco Retailers License Program), Including Prohibit Flavored Tobacco Products, Prohibit the Sale of Tobacco Vape and E-Cigarette Products, Establish Minimum Price and Pack Sizes for Tobacco Products, Prohibit Couponing and Discounting for Tobacco Products, Enhance Nuisance and Enforcement Provisions, and Make other Non-Substantive Text Changes." Ordinance No. 23-3 was 4 introduced on May 23, 2023, by reading of the title only and waiving further reading. Recommended by the City Clerk.
CEQA: Not a project/exempt under Public Resources Code 21065, CEQA Guidelines Section 15060(c)(2), 15378; and/or 15061(b)(3).. c. Considering – the following actions:
1. Award of a construction contract in the amount $392,207 to N.V. Heathorn Co. for the Council Chamber HVAC Pipe Replacement Project (Project No. 2564); authorizing staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.
2. Approval of budget transfers and appropriate funding in the total amount of $85,000 to the Council Chamber HVAC Pipe Replacement Project (City Project No. 2564); including $47,664.80 from the Measure Q Pavement Maintenance Project #7 - Zones 1 & 2 (City Project No. 2378, Fund 401), and $24,794.44 from Measure Q Pavement Maintenance Project #8 – Zones 1 & 2 (City Project No. 2379, Fund 401), and $12,540.76 from FY15-16 Pavement Maintenance Zone 4 (Project No. 2332, Fund 401).
3. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2564 and directing the City Clerk to file a Notice of Completion.
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, 15378, 15301, 15302, and/or Public Resources Code Section 21065.
CITY COUNCIL/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT CONSENT
CALENDAR
d. Considering – adoption of a Resolution authorizing the Executive Director to disburse $320,000 in funds and execute all attendant documents and agreements for Fiscal Year 2023/24 funding on behalf of the Concord/Pleasant Hill Health Care District (subject to District Attorney approval), appropriate $55,000 from Concord/Pleasant Hill Health Care District Fund 530 grant funds, and accept and appropriate $25,000 from John Muir Health for administration of the program. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065.
5. CITY COUNCIL CONSIDERATION ITEMS
5 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. Interview – applicants for the Homeless Strategic Plan Working Group for one representative that is from, or that has experience working with, the LGBTQI+ community and one representative that is an active owner or manager of a business based in Concord, and select by vote the applicants to serve on the Working Group. Report by Joelle Fockler, City Clerk. b. Considering – adoption of a Resolution implementing the provisions of California Assembly Bill 2097, including: (1) requiring automobile parking impact studies for qualifying development projects within one-half mile of a major transit stop that do not meet the minimum automobile parking requirements of the Concord Development Code (CDC); (2) authorizing the City Manager or designee to determine whether such projects would have a substantially negative impact as defined in California Government Code Section 65863.2(b), and if so, to make written findings that such impact would occur and to enforce such CDC parking requirements; and (3) establishing a public notification and appeals process for such determinations. Report by Aaron Sage, Principal Planner.
CEQA: Not a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378.
6. 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 Participate” above. a. Considering – adoption of the Biennial Budget for Fiscal Years 2023-24 and 2024-25, a Long-Range Financial Forecast, and associated actions.
Specifically considering the following:
1. Follow up to Council Questions from the Council’s May 16, 2023, Council Meeting on the Budget: receive requested information, and, if appropriate, provide direction to staff on any changes to the final budget.
2. City/LRA Interfund Agreement: adopt a Resolution approving an Interfund Loan Agreement between the City of Concord (Lender) and the Local Reuse Authority (Borrower) for the Temporary Use of $530,000 General Fund dollars to support the Base Reuse Project.
3. Cannabis Community Benefit Fund: adopt a Resolution authorizing the disbursement of Cannabis Community Benefit funds.
6 4. Policy and Procedure No. 168: adopt a Resolution amending Policy and Procedure No. 168 – Governmental Fund Balance Financial Reporting Policy.
5. Annual Appropriation Limits and Adjustments: adopt a Resolution establishing the revised appropriation limit for the City of Concord for Fiscal Year 2022-23, pursuant to California Constitution Article XIII B.
6. Annual Appropriation Limits and Adjustments: adopt a Resolution establishing the appropriation limit for the City of Concord for Fiscal Year 2023-24, pursuant to California Constitution Article XIII B.
7. Fiscal Years 2023-24 and 2024-25 Budgets, Long-Range Financial Forecast: adopt a Resolution adopting the Municipal Budget for Fiscal Years 2023-24 and 2024-25, including a Long-Range Financial Forecast. Report by Donna Lee, Budget Officer.
CEQA: Not a project under Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2),15061(b)(3), 15262, 15273, 15306, and/or 15378.
7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter – to Assembly Member Wicks RE: AB 1657 (Wicks) The Affordable Housing Bond Act of 2024 Notice of Support (As of 04/17/2023) - dated June 1, 2023.
8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 6/27/2023 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 7 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.