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
Tuesday,
June 27, 2023
5:30 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.
Please note – The meeting will start at 5:30 p.m.
with Planning Commission interviews
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/81316211960?pwd=UUJmbEVOMTV5cmpsT2pFVWhOK 2FSdz09 or Zoom Webinar ID: 813 1621 1960 and Passcode: 337279 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 Obringer
2. PLANNING COMMISSION INTERVIEWS
a. Considering – interview questions, holding interviews, and selecting appointment by ballot vote to fill one (1) unscheduled vacancy for the remainder of a four-year term ending February 28, 2025, on the Planning Commission. Report by Joelle Fockler, City Clerk.
3. 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.
4. PRESENTATION
a. Presentation – to John Muir Community Health Fund Executive Director Lillian Roselin proclaiming June 27, 2023, as "Lillian Roselin Day" in the City of Concord, in honor of her retirement and years of service to the Concord community. Presentation by Mayor Hoffmeister.
5. CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY
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 16 and 17, 2023, special meetings, and May 23 and June 6, 2023, regular meetings.
Recommended by the City Clerk.
4 b. Considering – approval of thirteen (13) Master Service Agreements (MSAs), each in the amount of $400,000 per fiscal year over a five-year term, for on- call professional services for the Transportation Division, and authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney. Recommended by the Deputy Director of Public Works - Transportation.
CEQA: Not a project under Public Resources Code Section 21065 and CEQA Guidelines Sections 15060, 15061, and/or 15378.
c. Considering – acceptance of improvements for the Citywide Accessibility Improvements No. 9 (Project No. 2602) located at various locations on David Avenue, Thames Drive, Hookston Road, Hampton Drive, Stimel Drive, Bermuda Drive, and Grant Street; and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development. d. Considering – the following:
1. Approval of Amendment No. 2 to the Professional Services Agreement (PSA) with UNICO Engineering, adding $43,189.73 to their existing contract creating a new not-to-exceed amount of $389,200.68, to provide additional construction management and inspection services to complete the Hillcrest Park Regional Green Infrastructure Project (City Project No. 2512); authorizing any necessary appropriations to the extent not previously addressed; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (Funding from within the existing project – Project Number 2512). Recommended by the Director of Community Development.
CEQA: The Notice of Exemption for this project was previously filed with the County Clerk’s office following the Council award of the construction contract. e. Considering – approval of the FY 2023-24 City of Concord Investment Policy. Recommended by the Director of Finance.
f. Considering – authorizing the write-off of uncollectible accounts receivable in the amount of $12,944.78. Recommended by the Director of Finance. g. Considering – approval of a five (5) year lease agreement through March 31, 2028 (with a five (5) year option to extend through March 31, 2033) between the City of Concord and the San Francisco Bay Area Rapid Transit District (BART) for the City of Concord to operate the Concord Skate Park, and authorizing the City Manager to execute the agreement (including the 5 year extension agreement, if exercised) in a form acceptable to the City Attorney.
Recommended by the Director of Recreation Services.
5 CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, and/or 15323.
h. Considering – approval of a License Agreement with ABC Tree Farms, LLC for a fee of $6,090 per month from September through December 2023 ($24,360 total) to allow temporary operation of a pumpkin patch and Christmas tree lot for the property bounded by Clayton Road, Concord Boulevard, and Galindo Street; and authorizing the City Manager to sign the agreement in a form acceptable to the City Attorney. Recommended by the Assistant City Manager.
CEQA: Exempt per CEQA Guidelines Sections 15301 – Existing Facilities, 15302 -- Replacement or Reconstruction, 15303 – New Construction and Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations.
i. Considering – the following:
1. Adoption of a Resolution accepting and appropriating grant funding from the Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $36,731 to the City of Concord as a second tier sub-grantee and the Contra Costa County Office of the Sheriff as the direct awardee; and
2. Authorizing the City Manager to execute a Memorandum of Understanding (MOU) with Contra Costa County Office of the Sheriff in the amount of $36,731, paid using grant monies, to provide for two Limited Service Public Safety Positions (Police Officer Trainee) in a form acceptable to the City Attorney. Recommended by the Chief of Police.
j. Considering – award of Construction Contract for On-Call Citywide Sewer Lateral Replacement & Sewer Main Spot Repair (Project No. 2244) to APB General Engineering for one year (with three one-year extensions possible) in the amount not-to-exceed $300,000 annually. (Sewer Operating Fund) 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, 15302, 15303, 15304, Public Resources Code Section 21065, and/or 21080.19. k. Considering – approval of a Professional Services Agreement with Townsend Public Affairs for a term of one (1) year in the not to exceed amount of $90,000 for legislative advocacy and grant writing services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund). Recommended by the Assistant City Manager.
6 l. Considering – approval of a funding agreement in the amount of $499,173 committing local match funds for the Countywide Smart Signals Project in Concord, as sponsored by the Contra Costa Transportation Authority (CCTA); and authorizing the City Manager to execute the agreement with CCTA in a form acceptable to the City Attorney. Recommended by the Director of Public Works.
CEQA: Not a project/exempt pursuant to CEQA) Guidelines Sections 15273, 15378, 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and/or 15304 – Minor Alterations to Land.
m. Considering – approval of eight (8) agreements involving annual license, maintenance, purchase and support for Information Technology systems in the total not-to-exceed amount of $1,558,517 for the 2023-24 Fiscal Year; and authorizing the Director of Information Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney. (General Fund). 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. n. Considering – adoption of a Resolution approving the negotiated terms and authorizing the City Manager to execute a three-year memorandum of understanding between the City of Concord and the Office and Professional Employees International Union Local 29 for the period of July 1, 2023, through June 30, 2026, and authorizing budget appropriations of $36,100 in Fiscal Year 2023-24 and $37,800 in Fiscal Year 2024-25. Recommended by the Director of Human Resources.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060, 15061, 15273, and/or 15378. o. Considering – adoption of a Resolution approving the negotiated terms and authorizing the City Manager to execute a three-year memorandum of understanding between the City of Concord and Teamsters Local 856 for the period of July 1, 2023, through June 30, 2026, and authorizing budget appropriations of $396,600 in Fiscal Year 2023-24 and $112,500 in Fiscal Year 2024-25. Recommended by the Director of Human Resources.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060, 15061, 15273, and/or 15378. p. Considering – approval of amendments extending the Community Development Block Grant–Coronavirus (CDBG-CV) agreements with Shelter, Inc. and ECHO Housing from June 30, 2023 to June 30, 2024, and increasing 7 households served from 50 to 100, without change to contract amounts of $689,352 with Shelter, Inc., and $245,000 with ECHO Housing; and authorize the City Manager to execute such amendments subject to City Attorney approval. (Community Development Block Grant-Coronavirus Funds).
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. q. Considering – rejection of all bids submitted for the Transportation Offices at Corporation Yard and Corporation Yard Admin Roof Replacement (Project Nos. 2648 & 2659). Recommended by the Director of Community Development.
CEQA: Not applicable pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15270, and/or 15378.
CITY COUNCIL/LOCAL REUSE AUTHORITY CONSENT CALENDAR
r. Considering – the approval of 11 Professional Services Agreements (PSAs) for various consultant services for the Local Reuse Authority's (LRA) work related to the redevelopment of the former Concord Naval Weapons Station (CNWS) for a total not-to-exceed amount of $329,000 through January 31, 2024; and authorizing the Executive Director of the LRA to execute the agreements in a form acceptable to the City Attorney. (Existing loans from the City to the LRA). Recommended by the Director of Economic Development and Base Reuse.
CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378.
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 Participate” above.
a. Considering – an update on Homeless Strategic Plan development, including the draft Background Report, community and stakeholder engagement, and next steps. Report by Leng Power, Community Services Manager.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262, 15306, 15273, and/or 15378.
b. Considering – approval of Third Amendment to Management Agreement with Live Nation Worldwide, Inc., which includes approval of the commercial 8 name of the Concord Pavilion as the “Toyota Pavilion at Concord” for the period July 1, 2023 – October 31, 2027, with payment to the City in the approximate amount of $613,895, with a potential extension and additional monies, and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. Report by Steve Voorhies, Director of Recreation Services.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, and/or 15323.
c. Considering – the following actions:
1. Adoption of a Resolution approving the following base wage increases for unrepresented employees and the City Attorney: 5% effective the first full pay period after July 1, 2023, 5% effective the first full pay period after July 1, 2024, and 4% effective the first full pay period after July 1, 2025, and increase the bilingual pay for eligible employees from $120 per month to $150 per month effective the first full pay period after July 1, 2023;
2. Approval of an amendment to the employment agreement between the City of Concord and City Manager Valerie Barone approving a base wage increase of 5% effective the first full pay period after July 1, 2023, 5% effective the first full pay period after July 1, 2024, and 4% effective the first full pay period after July 1, 2025; and
3. Adoption of a Resolution approving the City of Concord’s Salary Schedule, effective July 1, 2023, in accordance with the California Public Employees’ Retirement System for a publicly available pay schedule. Report by James Peavey, Human Resources Manager.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060, 15061, 15273, 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 Steve Bennett in support of AB 430 (Bennett) Community Land Trusts Welfare Exemption Assessment Foreclosure Sales Financial Assistance – dated June 6, 2023
b. Letter to Assembly Member McKinnor in opposition to AB 1484 (Zbur):
Temporary public employees – dated June 14 2023
8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
9 City Manager or Staff Reports
Council Reports
9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 8/8/2023 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.