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,
June 4, 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.
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/81685245376?pwd=YDCU9zj245yahtKG4PKisSkbh2iVz A.RmoHT-ww-bzqXp0s or Zoom Webinar ID: 816 8524 5376 and Passcode: 119364 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 Channels 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 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.
a. Written Public Comment
3. 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 – the following for the Pavement Maintenance Zone 3N and the Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703) located in the residential neighborhood bordered by Meadow Lane to the northeast, Monument Boulevard to the southeast, Lacey Lane/Tilson Drive/Aspen Drive to the southwest, and Gelbke Lane to the northwest:
1. Award of a Construction Contract in the amount $1,452,938.82 to Radius Earthwork Inc., for the Total Bid of Pavement Maintenance Zone 3N and Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703); 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 (Measure J Local Funds, Capital Projects General Fund, Sewer Operating Fund);
2. Approval of a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $274,877.02 (base agreement of $249,888.20 plus staff authority to spend up to a 10% contingency of $24,988.82) to provide construction management, material testing, and related services; and authorizing the City Manager to execute the agreement in a form acceptable 4 to the City Attorney (Measure J Local Funds, Capital Projects General Fund, Sewer Operating Fund); and
3. Authorizing the City Engineer to accept the improvements upon completion of Pavement Maintenance Zone 3N and Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703) 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.
b. Considering – approval of First Amendments to the Professional Services Agreements with 4LEAF, West Coast Code Consultants, TRB and Associates, and SHUMS Coda Association for Plan Check and Building Inspection Services, in the not-to-exceed amount of $500,000 per fiscal year for the term of each agreement; and authorizing the City Manager to execute the Amendments 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, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. c. Considering – approval of 27 Master Services Agreements (MSAs) for various consultant services for the Community Development Department; and authorizing the City Manager to execute the Agreements in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
CEQA: Not a “project” under CEQA Guidelines 15060(c)(2) and 15378; in the alternative, exempt pursuant to Section 15061(b)(3).
d. Considering – the adoption of a Resolution for a one-year extension of the approval of an Administrative Permit and Design and Site Review for a cannabis storefront and delivery retail business Culture Club Corporate Enterprise (dba “Culture”) at 1440 Concord Avenue, Suite B, Assessor’s Parcel Number 126-020-108 (PL24034 – AA, DA, DR). Recommended by the Director of Community Development.
CEQA: Not a project under Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and/or 15378; and/or categorically exempt pursuant to CEQA Guidelines Sections 15301, 15302, 15303, 15304, and/or Section 15305.
4. CITY COUNCIL CONSIDERATION ITEMS
5 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 – direction to staff on next steps implementing the Homeless Strategic Plan. Report by Justin Ezell, Assistant City Manager.
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.
b. Considering – the following:
1. Adoption of a Resolution Amending the Fiscal Years 2023-24 and 2024-25 Municipal Budget.
2. Adoption of a Resolution Adopting the City of Concord’s Salary Schedule Effective July 8, 2024, in Accordance with the Requirements of California Public Employees Retirement System (CalPERS) for a Publicly Available Pay Schedule.
3. Adoption of a Resolution Establishing the Appropriation Limit for the City of Concord for Fiscal Year 2024-25, Pursuant to California Constitution Article XIII B.
4. Adoption of a Resolution Authorizing Allocations and Reallocations for American Rescue Plan Act (ARPA) Funded Projects and Authorizing the City Manager to make Administrative Adjustments to ARPA Funded Projects to Ensure All ARPA Funds are Fully Expended in Calendar Year 2024. Report by Donna Lee, Budget and Treasury Officer.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15061(b), 15273, and/or 15378.
5. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
6. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
7. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 6/11/2024 6:30 PM
6 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.