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,
October 3, 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 SEPTEMBER 27, 2023
Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.
Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. 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.
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 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. AT THE TIME OF THE POSTING OF THIS AGENDA, NONE OF THE COUNCILMEMBERS HAVE NOTIFIED THE CITY CLERK’S OFFICE THAT THEY INTEND TO PARTICIPATE REMOTELY PURSUANT TO AB 2449, AND THEREFORE NO REMOTE PUBLIC COMMENT WILL BE ACCEPTED AT THE MEETING. IF,
AFTER PUBLICATION OF THIS AGENDA AND BEFORE THE MEETING BEGINS, ANY
COUNCILMEMBER DETERMINES THAT THEY WILL NEED TO PARTICIPATE REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES UNDER AB 2449, THEIR
REMOTE PARTICIPATION WILL BE ANNOUNCED AT THE OUTSET OF THE MEETING IN CONNECTION WITH THE ROLL CALL ITEM. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/89417227056?pwd=l5n3OLY1JliS41zWBwkBDOswfag4z w.v7M-L-0WHCt53p-D or Zoom Webinar ID: 894 1722 7056 and Passcode: 157450 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.Watch Live Streaming of the meeting by following THIS LINK d.Watch 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.
3. PRESENTATIONS
a. Presentation – to Jo Harlow, President of Soroptimist International of Diablo Vista declaring October 3, 2023, as "Soroptimist International of Diablo Vista Day" in the City of Concord. Presentation by Mayor Hoffmeister. b. Presentation – by Kiara Donato, MCE, providing an update on Clean Energy. Introduction by Mayor Hoffmeister.
c. Presentation – by District Attorney Diana Becton, providing information on the Neighborhood Reconciliation Program. Introduction by Mayor Hoffmeister.
4. ANNOUNCEMENT
a. Announcing – a recruitment for three (3) openings, consisting of two (2) Concord resident positions and one (1) position from either the business community or a Concord resident, on Concord's Measure V Oversight Committee for four-year terms ending December 31, 2027, and setting a deadline of Friday, November 3, 2023, at 5 p.m. for applications to be due to the City Clerk. Report by Joelle Fockler, City Clerk.
5. 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. 4 a. Considering – approval of the minutes from the August 26 and September 5, 2023, meetings. Recommended by the City Clerk.
b. Considering – adoption of Ordinance No. 23-7 entitled, "An Ordinance amending Concord Municipal Code, Title 18 (Development Code), Chapter
18.405 (Permit Application and Processing) and Chapter 18.415 (Design and Site Review), and adding Chapter 18.402 (Pre-Application Procedures)." Ordinance No. 23-7 was introduced on September 5, 2023, by reading of the title only and waiving further reading. Recommended by the City Clerk.
CEQA: Not a “project” under Public Resources Code 21065, CEQA Guidelines Sections 15060(c) or 15378 and in the alternative, if deemed a “project,” exempt pursuant to CEQA Guidelines Section 15061(b)(3). c. Considering – adoption of Ordinance No. 23-8 entitled, "An Ordinance amending the Concord Municipal Code Title 18 Development Code, Section
18.200.180 (Accessory Dwelling Units) (PL20005 - DC)." Ordinance No. 23-8 was introduced on September 12, 2023, by reading of the title only and waiving further reading. Recommended by the City Clerk.
CEQA: Statutorily exempt, pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h).
d. Considering – approval of revisions to City Policy & Procedure No. 34, Business Meeting Attendance and Travel - Authorization and Reimbursement of Expenses, which includes converting the policy to an Administrative Directive. Recommended by the Assistant City Manager.
e. Considering – recommending to the County Board of Supervisors the reappointment of City of Concord Commission on Aging member Marilyn Fowler to serve on the Contra Costa County Advisory Council on Aging (CCCACOA) for a two-year term ending September 30, 2025, as recommended by the Concord Commission on Aging; and directing the City Clerk to pass the information to the County Board of Supervisors for further action. Recommended by the City Clerk.
f. Confirming – appointment of applicants Brandon Betz and Ellis Moore to the Youth Member positions on the Parks, Recreation and Open Space Commission for one-year terms, effective September 1, 2023, and ending June 30, 2024, as recommended by the Parks, Recreation and Open Space Commission. Recommended by the City Clerk.
g. Considering –
1. Award of a Construction Contract in the not-to-exceed amount of $223,419 to MCE Corporation authorizing staff to utilize the available project contingency for contract change orders up to an additional 15% of the 5 contract amount for the Bailey Road Crossing Enhancements (Project No. 2601) located on Bailey Road at Olive Drive and Limewood Drive; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report; (Funded by TDA Grant Funds, Capital Projects-Reimbursement, Fund 402);
2. Approval of a related budget transfer of $135,000 from Pothole and Base Repair #2, Port Chicago and Bates (Project No. 2556) to Project No. 2601 and associated appropriation of such funds (Funded by Measure V Debt Issuance, Fund 407); and
3. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2601 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)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
h. Considering – acceptance of improvements for Oak Grove Road Pavement Rehabilitation – Phase 3 (Project No. 2557); and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
i. Considering – approval of an amendment to the task order with Ghirardelli Associates, increasing total contract amount by $74,477.60 for a total not-to- exceed amount of $305,564.93 for Whitman Road Sanitary Sewer Improvements Project (Project No. 2513) constructing sanitary sewer work and repaving portions of Whitman Road between Gilardy Drive and Oak Grove Road; and authorizing the City Manager to execute the amendment 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), 15273, 15301, 15302, 15304, 15378, and/or Public Resources Code Section 21065.
j. Considering – approval of Task Order #3 with Dewberry Engineers Inc., in the not-to-exceed amount of $141,627.20 (base agreement of $128,752 plus staff authority to spend up to 10% contingency of $12,875.20 in Measure V Projects funds, Fund 490) to provide construction management and materials testing services for 2023 Citywide Pothole and Base Repair Project (Project No. 2593) constructing pavement maintenance on Willow Pass Road from Landana Drive to Avila Road and Ygnacio Valley Road from Alberta Way to Clayton Road; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
6 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.
k. Considering – appropriation in the amount of $800,000 to complete repairs of City facilities and infrastructure damaged during the January 2023 Winter Storm event which have been designated as FEMA projects under Major Damage Declaration FEMA-4683-DR-CA (Funded by Fund 470: Federal Reimbursable Projects). Recommended by the Director of Finance.
CEQA: Not a project/exempt pursuant to Public Resources Code Sections 21065, 21080(2), CEQA Guidelines Sections 15060(c), 15061(b)(2), 15269, 15301, 15302, 15303, 15304, 15305, 15333 , 15273, and/or 15378. l. Considering – introduction of an Ordinance amending Concord Municipal Code, Title 15 (Building and Building Regulations), Chapter 15.75 (Floodplain Management) for consistency with the California Model Floodplain Management Ordinance, by reading of the title only and waiving further reading. Recommended by the Director of Community Development.
CEQA: Not a project/exempt under CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15378, 15301, 15302, 15303, and/or 15304.
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 – adopting a Resolution denying the appeal of the Planning Commission's adoption of Resolution No. 23-08 PC and approving the Buttonwood Village Subdivision Tentative Map, Density Bonus with one concession and eight reductions of development standards, Planned Development Use Permit, Design and Site Review, and Tree Removal Permit for a small lot development with 14 single-family detached homes on a 1.67- acre site located at 1836 Clayton Way, APN 114-220-019 (PL23017 – TM, UP, DR, RT), subject to conditions of approval. This item is continued to Tuesday, October 24, 2023.
CEQA: The project is categorically exempt pursuant to CEQA Guidelines Section 15332 (“In-fill Development Projects”).
7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. 7 8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 10/10/2023 6:00 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.