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 10, 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* 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.
Spanish interpretation is available in the Council Chamber during the meeting.
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.
Please note
6:00 p.m.
Meeting Start
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/81909422486?pwd=cgebjda5aY95_DkZBKnmnbGA7 Wkd_A.uCaAPuN678Tn95RG or Zoom Webinar ID: 819 0942 2486 and Passcode:
139472
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 Obringer
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. PRESENTATION
a. Presentation – by Supervisor Ken Carlson, providing a District update.
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 29 and September 12, 19, and 26, 2023, special meetings, and September 12, 2023, regular meeting. Recommended by the City Clerk.
b. Considering – the adoption of a Resolution authorizing submittal of applications for all State of California Department of Resources Recycling and Recovery (CalRecycle) grants available to the City of Concord.
Recommended by the Director of Public Works.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378.
c. Considering – purchase of ten replacement vehicles for Police Investigations to National Auto Fleet Group in the amount of $329,597.89 (Annual Vehicle Replacement Fund). Recommended by the Director of Public Works. 4 d. Considering – award of a two-year and four-month agreement with the option to extend for two additional one-year periods for the provision and delivery of unleaded fuel on an as-need basis up to the amount of $650,000 per year to Pinnacle Petroleum; and authorizing the City Manager to execute a contract in a form acceptable to the City Attorney (Fleet Operation Fund).
Recommended by the Director of Public Works.
e. Considering – the adoption of a Resolution accepting and appropriating grant funding from the California Department of Resources Recycling and Recovery Used Oil Payment Program (CalRecycle) in the amount of $71,223 for the Oil Payment Program, Project No. 2327. Recommended by the Director of Public Works.
CEQA: Not a project pursuant to CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, and/or 15378.
f. Considering – approval of a Professional Services Agreement with PlanIT Geo, Inc. in the not-to-exceed amount of $249,024 (base agreement of $226,385 plus staff authority to spend up to a 10% contingency of $22,639) to conduct a Citywide Tree Inventory, Tree Maintenance Plan, and deploy Tree Management Software; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Measure V Funds) Recommended by the Director of Public Works.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15273, and/or 15378. g. Considering – adoption of a Resolution accepting and appropriating grant funding under the California Department of Resources (CalRecycle) Beverage Container Recycling City/County Payment Program in the amount $95,390 for recycling and litter abatement activities, Project No. 1989.
Recommended by the Director of Public Works.
CEQA: Not a project pursuant to CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, and/or 15378.
h. Considering – approval of a budget transfer in the amount of $45,000 to the Willow Pass Pedestrian Crossing (Project No. 2634), located on Salvio Street near Olivera Road, from Pothole and Base Repair #2, Port Chicago and Bates (Project No. 2556) to Project 2634, and associated appropriation of such funds to Project 2634. (Funded by Measure V, Fund 407) Recommended by the Director of Community Development.
CEQA: Not a Project/exempt per CEQA Guidelines Section 15060(c), 15061(b)(3), 15273, 15301, 15302, 15304, and/or 15378, and Public Resources Code Section 21065.
5 5. 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. Continuation of the Council Consideration and Discussion of the Residential Rent Stabilization and Just Cause for Eviction Workshop:
This item was opened on September 5, 2023. The public comment period was held on September 5, the item was continued to September 12, 2023, and was then continued to October 10, 2023. Please note that because the public comment period on this item was held on September 5, 2023, public comment will not be heard at this meeting.
Provide feedback on certain elements to be incorporated into a Residential Rent Stabilization Ordinance and Amendments to the Just Cause for Eviction Component of the City’s Residential Tenant Protection Ordinance (continued from September 5, 2023 and September 12, 2023). Report by Sophia Huckabay, Housing Manager.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378.
6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
7. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 10/24/2023 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 6 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.