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,
March 26, 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.
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.
AMENDED AGENDA
CHANGES HIGHLIGHTED
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/84666128167?pwd=xLLtAoZ7wNxrEefglWfipfZnZc4dfQ.
EZABpruCoNEwGill or Zoom Webinar ID: 846 6612 8167 and Passcode: 150829 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 29 and 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 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.
a. Written Public Comment
3. PRESENTATION
a. Proclamation – to Stan Massie, Red Cross Leadership Council, proclaiming March 2024 as "American Red Cross Month" in 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 Participate” above. a. Considering – approval of the minutes from the February 13, 2024, special meeting, and February 13 and 27, and March 5, 2024, regular meetings.
Recommended by the City Clerk.
b. Considering –
1. Award of a Construction Contract in the amount of $235,753 to Villalobos & Associates Inc. for the Citywide Sidewalk Repair (Project No. 2666) and authorizing Staff to utilize the available project contingency for contract change orders up to 30% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making the CEQA determination as provided in this staff report (Funded by Measure V Funds); and
4 2. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2666 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, 15304, and/or Public Resources Code Section 21065.
c. Considering – approval of an Agreement for Professional Services with Swinerton Management and Consulting in the not-to-exceed amount of $647,424 (base agreement of $539,520 plus staff authority to spend up to a 20% contingency of $107,904) to provide construction management, inspection, and materials testing services for the Residential Pavement Maintenance, Phase B Project (Project Nos. 2607-2608) located in Zone 4O in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal, and in Zones 5C & 5D in North Concord, immediately south of Highway 4, including Peralta Road and between Highway 242 and Hillsborough Drive; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Funded by Measure V) Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15282, 15378, 15301, 15302, 15303, 15304, and Public Resources Code (PRC) Sections 21065, and/or PRC Section 21080.19. d. Considering –
1. Acceptance of improvements for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Project No. 2424) located along Broadway Street, Salvio Street, Grant Street, and Oak Street; and directing the City Clerk to file a Notice of Completion; and
2. Approval of an amendment to a Professional Services Agreement for construction management in the amount of $21,715 (for a new not-to-exceed amount of $451,715) with Dewberry Engineers Inc.; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.
Recommended by the Director of Community Development.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, Guidelines Sections 15060(c)(2), 15060(c)(3), 15061 (b), 15273, and/or 15378.
e. Considering – approval of an Agreement for Professional Services with Open Counter Enterprises, Inc. (an online zoning and permitting assistance software system) in an amount not to exceed $236,256 for a five-year subscription (December 1, 2023 to November 30, 2028); and authorizing the City Manager to execute the agreement in a form acceptable to the City 5 Attorney. (Technology Fee Fund) Recommended by the Director of Community Development.
CEQA: Not a project and/or exempt from CEQA per CEQA Guidelines Section 15060(c)(2), 15378, and/or 15061(b)(3).
f. Considering – approval of Amendment No. 1 to Task Order No. 2 in the amount of $67,634.55 (for a new not-to-exceed amount of $284,624.95) with Dewberry Engineers Inc., for construction management, inspection, and materials testing services for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527), located on up to six (6) miles of arterial and collector streets throughout the City (specifically including portions of Concord Boulevard, Port Chicago Highway, Oak Grove Road, Walters Way, Pacheco Street, and Residential Zone 5L (Almond Avenue, Bacon Street, Galindo Street, Grant Street, and Mt. Diablo Street), and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662), located at the City Corporation Yard; and authorizing the City Manager to execute the agreement 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), 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
g. Considering – the adoption of a Resolution authorizing the City to accept a subaward from U.S. Department of Agriculture Forest Service through the Trust for Public Land, in an amount not to exceed $1,000,000 to invest in Urban Community Forests ($138,100 for FY 2024, $278,550 for FY 2025, $243,550 for FY 2026, $195,550 for FY 2027, and $144,250 for FY 2028); authorizing the City Manager, or designee, to execute the sub-recipient agreement and take other action necessary or appropriate to implement the subaward and appropriate $1,000,000 to Project 2719. (Project No. 2719) 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), 15060(c)(3), 15062(b)(3), 15273, 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 Participate” above.
a. Considering – acceptance of the 2023 General Plan Annual Progress Report, including the Housing Element Annual Progress Report, and authorizing its submittal to the Governor's Office of Planning and Research 6 and the California Department of Housing and Community Development (HCD). Report by Ben Ulrey, Assistant Planner.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3),15306, and/or 15378.
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 – the Planning Commission’s adoption of Resolution No. 24-01 PC approving a Design and Site Review Amendment to reduce the number of exterior sunshades and add orange accent wall panels to the approved building elevations for Galindo Terrace, a 62-unit affordable housing project on a 0.53-acre site located at 1313 - 1321 Galindo Street (the “Decision”), and determine to: 1) affirm the Decision; 2) modify the Decision; 3) reverse the Decision; or 4) remand the Decision back to the Planning Commission. (APN 126-164-051 and -054); (PL19066 - DRA) Report by Frank Abejo, Principal Planner.
CEQA: An Infill Environmental Checklist was prepared for Galindo Terrace pursuant to Section 15183.3 and Appendix M of the CEQA Guidelines. On the basis of the Checklist, a Notice of Determination was filed on December 5, 2019 that determined Galindo Terrace would not have a significant effect on the environment. The project is consistent with the approval for Galindo Terrace and is exempt under CEQA Guidelines Section 15061(b)(3) and Government Code Section 65457(a).
7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter – to Whom it May Concern re: Support for MCE's application for the Locally Invested Transportation Equity (LITE) Pilot Program dated February 29, 2024.
b. Letter – to Senator Alex Padilla, Senator Laphonza Butler, Congressman Mark DeSaulnier, Congressman John Garamendi, and Congressman Josh Harder re: Support for FY2025 Community Project Funding for Aeration Basin Diffuser Replacement Project dated March 15, 2024.
c. Letter – to Senator Alex Padilla, Senator Laphonza Butler, Congressman Mark DeSaulnier, Congressman John Garamendi, and Congressman Josh 7 Harder re: Support for FY2025 Central San's Solids Handling Facilities Improvements Project dated March 15, 2024.
d. Letter – to Senator Alex Padilla, Senator Laphonza Butler, Congressman Mark DeSaulnier, Congressman John Garamendi, and Congressman Josh Harder re: Support for the Ultraviolet (UV) Disinfection Replacement Project dated March 15, 2024.
e. Letter – to Unity Council Chief Executive Officer Chris Iglesias re: Support for Unity Council's application for additional slots for Head Start and Early Head Start in Contra Costa County dated March 15, 2024.
8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
a Report out by Councilmember Aliano, Vice Mayor Obringer, and Mayor Birsan on the National League of Cities Congressional City Conference held March 11-14, 2024.
9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 4/9/2024 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.