1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
January 9, 2024
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* 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.
2 2. REMOTE:
a. Zoom:
https://cityofconcord.zoom.us/j/89618692111?pwd=Ee4aiICu4eIbRjQfHkz6tFqRzI7CSQ. vjqlYZkaE4SLyXMX or Zoom Webinar ID: 896 1869 2111 and Passcode: 995300 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.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 Hoffmeister
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 Submit Public Comments” above. a. Written Public Comment
3. PRESENTATION
a. Proclamation – to Catherine Hensiek, Concord Art Association, honoring the Concord Art Association's 60-year commitment to the betterment of the City of Concord. Presentation by Mayor Birsan.
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 Submit Public Comments” above. a. Considering – approval of the minutes from the December 5, 2023, special meeting, and December 5 and 12, 2023, regular meetings. Recommended by the City Clerk.
b. Considering – amending the City’s existing Professional Services Agreement with California Wood Recycling, Inc., DBA Argomin, by extending the term to December 31, 2025, and increasing the payment thereunder by $227,634 for a total not-to-exceed amount of $269,022 in order to procure composting services in compliance with SB 1383, and allow for a contingency of $30,978 that allows staff to procure compost for unidentified City projects; and authorizing the City Manager to execute such an amendment in a form acceptable to the City Attorney. (Project 2667) Recommended by the Director of Public Works.
4 CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. c. Considering – the adoption of a Resolution amending Policy & Procedure No. 2, City Council Meeting Procedures, to update the City Council meeting start time to around 6:00 p.m., clarify the process to pull items off the consent calendar, authorizing the Mayor to determine City Council dais seating arrangements, and to make other non-substantive changes to reflect current practice and procedure. Recommended by the Assistant City Manager. d. Considering – acceptance of the Annual Comprehensive Financial Report with the Independent Auditors' Report and Required Communications Letter for the fiscal year ending June 30, 2023. Recommended by the Director of Finance.
e. Considering – adoption of a Resolution approving the request to Metropolitan Transportation Commission by the City of Concord for an allocation of $296,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2024-2025. This funding will support the Village Rd/Cowell Rd Crossing Improvement Project (PJ2717), located on Cowell Road at Quail Court and Village Road at Silverwood Drive. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061(b)(3), 15273, 15378, 15282(j), 15378, 15301, 15302, 15303, 15304, Public Resources Code Section 21065, and/or 21080.19.
f. Considering – the adoption of a Resolution that authorizes for the next five years (until January 8, 2029) the following: (1) submittal of Individual Grant Applications for all CalRecycle grant programs for which City of Concord is eligible, and authorizes the Public Works Director, or designee, to sign all related grant documents; and (2) authorizes the City Manager, or her designee, to accept and appropriate such funds when received.
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.
g. Considering:
1. Acceptance of improvements for the Monument Boulevard Class 1 Path (City Project No. 2455 and Federal Project No. CML-5135(059) located along Monument Boulevard between Systron Drive and Cowell Road; and directing the City Clerk to file a Notice of Completion.
2. Approval of an amendment to a Professional Services Agreement in the amount of $60,000 (for a new not-to-exceed amount of $348,489.40) with 5 Park Engineering; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
h. Considering:
1. Award of a Construction Contract in the amount of $378,091 to FBD Vanguard Construction, Inc. for the Citywide Accessibility Improvements No. 10 (Project No. 2603) and authorizing staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making the NEPA and CEQA determinations as provided in this staff report; (Funded by Community Development Block Grant Funds, Measure V Lease Revenue Funds);
2. Approving related budget transfers in the total amount of $160,000 from Citywide Pothole & Base Repair (Project No. 2453), Citywide Arterial & Collector (Project No. 2458), and Citywide Traffic System Upgrade Project (Project No. 2493); and
3. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2603; and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
NEPA: Categorical exclusion per Section 24 CFR 58.25 (a)(2).
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
i. Considering – the adoption of a Resolution accepting and appropriating SB 104 funding from the State of California in the amount of $1,000,000 for the Yellow Roof Foundation; and authorizing the City Manager to execute all the necessary documents, subject to City Attorney approval. (Fund 830 Custodial Fund) Recommended by the Assistant City Manager.
CEQA: Not a project pursuant to CEQA Guidelines Section 15060(c)(2), 15061(b)(3), and/or 15378.
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 Submit Public Comments” above. a. Considering – approval of artwork for six utility boxes as Phase III.b of the Utility Box Artwork Program located on Clayton Road and Concord Boulevard, between Kirker Pass Road and the downtown area, and the replacement of artwork for three utility boxes on Willow Pass Road near Todos Santos Plaza, without prior Council approval of the art; appropriating 6 and authorizing the City Manager to provide $3,000 in restricted City Arts in Public Places Funds ($1,520 from Fund 285 and $1,480 from Fund 286) to the Concord Art Association for the art replacement on the three utility boxes; and authorizing the City Manager to execute the artist agreements in a form approved by the City Attorney. Report by Justin Ezell, Assistant City Manager.
CEQA: Exempt/not a project per CEQA Guidelines Sections 15060(c)(2), 15378, 15061(b)(3), and/or 15300.2.
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 Submit Public Comments” above. a. Considering:
(1) Direction on Permanent Relocation Assistance policy options identified in the draft Residential Tenant Protection Program Ordinance, and (2) Introduction of an Ordinance amending the Concord Municipal Code by amending Concord Municipal Code Chapter 19.40 “Residential Tenant Protection Program” to increase “just cause” eviction protections, expand the City’s rent registry, and establish a rent stabilization program, by reading of the title only and waiving further reading. (Continued from December 12, 2023; This item was opened on Tuesday, December 12, 2023, and further discussion was continued to Tuesday, January 9, 2024. Please note that public comment on this item was taken on Tuesday, December 12, 2023, and the public comment period has been closed). 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.
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
7 Next Meeting: Regular Meeting
Date: 1/23/2024 6:30 p.m.
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.