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,
August 22, 2023
6:00 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* 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
6:00 p.m.
Meeting Start
2 HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
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
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/85827416234?pwd=RXB1cTlla3dpRUpiS2tqUVdEQWFN UT09 or Zoom Webinar ID: 858 2741 6234 and Passcode: 623828 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. 3 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
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 Aliano
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.
3. PRESENTATIONS
a. Presentation – of the proceeds from the Mayor's Cup Golf Tournament held May 19, 2023, to the Concord Junior Giants (received by Ana Villalobos).
Presentation by Mayor Hoffmeister.
b. Presentation – an update on the East Bay Regional Park District from Ward 6 Board Member John Mercurio. Introduction by Mayor Hoffmeister.
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 Participate” above. a. Considering – approval of the minutes from the August 8, 2023, meeting.
Recommended by the City Clerk.
4 b. Considering – adoption of Ordinance No. 23-4 entitled, "An Ordinance Amending Concord Municipal Code Chapter 15.08 (Appeals of the City of Concord Construction Code), Chapter 15.10 (Building Code), Chapter 15.20 (Plumbing Code), and Chapter 15.50 (Multi-Family Rental Dwelling Units)." Ordinance No. 23-4 was introduced on August 8, 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 Section 21065, CEQA Guidelines Sections 15060(c)(2)(3), 15061(b)(3), and/or 15378. c. Considering – adoption of Ordinance No. 23-5 entitled, "An Ordinance Amending Concord Municipal Code Chapter 2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) increasing Councilmember Compensation to $1,900 per month, to be effective after the November 2024 City Council election." Ordinance No. 23-5 was introduced on August 8, 2023, by reading of the title only and waiving further reading.
Recommended by the City Clerk.
d. Considering – authorizing the Mayor to send a letter that opposes Senate Bill 532, which if signed by the Governor, would increase seven state-owned San Francisco Bay Area bridge tolls by $1.50. Recommended by the Assistant City Manager.
e. Considering – the following for the 2023 Willow Pass Road Patch Repair and Overlay Project (Project No. 2593-1) located on Willow Pass Road from Landana Drive to Avila Road:
1. Award of a construction contract in the amount of $875,648.25 (Measure V Projects Fund 490) to MCK Services, Inc., and 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. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2593-1 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), 15378, 15301, 15302, 15303, 15304, 15305, and/or Public Resources Code Section 21065.
f. Considering – the following for the 2023 Citywide Asphalt Patch Repair Project (Project No. 2593-2) located on Ygnacio Valley Road from Alberta Way to Clayton Road:
1. Award of a construction contract in the amount $480,972.25 to MCK Services, Inc., for the Base Bid of 2023 Citywide Asphalt Patch Repair Project (Project No. 2593-2); authorizing Staff to utilize the available project 5 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 a related budget transfer of $420,000 (2021 Debt Issuance Measure V Fund 407) from Pavement Management Annual Program - HOLDING ACCOUNT (Project No. 2157) to 2023 Citywide Asphalt Patch Repair Project (Project No. 2593) and appropriating such funds for Project No. 2593-2.
3. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2593-2, 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, 15303, 15304, 15305, and/or Public Resources Code Section 21065.
5. CITY COUNCIL PUBLIC HEARINGS
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 a Resolution:
(1) finding the amendments to the 2023-2031 Housing Element Update (“2023-2031 HEU Amendments”), consistent with the Initial Study/Negative Declaration for the adopted 2023-2031 HEU;
(2) finding the 2023-2031 HEU Amendments exempt pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption; (3) finding the 2023-2031 HEU Amendments substantially comply with Government Code section 65580 et seq. (“Housing Element Law”); (4) approving a General Plan Amendment adopting the 2023-2031 HEU Amendments;
(5) authorizing the City Manager or designee to make changes to the 2023- 2031 HEU, as amended by the 2023-2031 HEU Amendments, to achieve internal consistency or address non-substantive changes or amendments requested by the Department of Housing and Community Development to certify the 2023-2031 HEU; and
(6) making other related findings and delegations as appropriate. (PL23109 – GP) Report by Aaron Sage, Principal Planner.
CEQA: Exempt under CEQA Guidelines 15061(b)(3) (Common Sense Exemption); prior Initial Study/Negative Declaration.
6 b. Considering – introduction of an Ordinance amending the Concord Municipal Code (Title 18) by adding Chapter 18.152 – Objective Design Standards (2023-2031 Housing Element Objective 15.3) (PL23101 – DC) by reading of the title only and waiving further reading. Report by Joan Ryan, Principal Planner.
CEQA: Not a “project” and/or exempt under to Public Resources Code Section 21065, California Environmental Quality Act (CEQA) Guidelines Sections 15060(c)(2), 15378 and/or 15061(b)(3).
6. 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 – an update on the status of the Homeless Strategic Plan and (1) endorsing the Working Group’s Proposed Vision Statement; (2) providing feedback on the preliminary draft goals; and (3) providing guidance on the potential strategies being explored. 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.
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
Council Reports
9. ADJOURNMENT
Next Meeting: Special Meeting
Date: 8/26/2023 9:00 AM
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 7 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.