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,
August 13, 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. 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 2 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/84578863548?pwd=AgbGTEcwHGz24ihbDFdGRQmqrID 2nA.n-Hjg6CCQj-qPE1l or Zoom Webinar ID: 845 7886 3548 and Passcode: 314619 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 5. INTERPRETATION OR WRITTEN TRANSLATION:
OPEN SESSION
1. OPENING
Roll Call
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.
3. PRESENTATIONS
a. Presentation – by Rick Rickenbacker, President, Markham Regional Arboretum Society (MRAS), on the partnership between MRAS and the City of Concord. Introduction by Kit Jory, Parks Manager.
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 2024 minutes from the May 7 Regular; May 14 Regular; May 28 Regular and Closed Session; June 4 Regular; June 11
1. To access interpretation or written translation during the meeting, please scan the QR Code or click this link:
Para accesar a la traducción durante la reunion, por favor escanee el Código QR o haga clic en el enlace:
https://attend.wordly.ai/join/SYMQ-8840
2. Choose Language and Click Attend
Seleccione su lenguaje y haga clic en asistir
3. Use a headset on your phone for audio or read the transcript on your device.
Use sus auriculares para escuchar el audio o leer la transcipción en el dispositivo.
4 Closed Session, Special, and Regular; and June 19 Closed Session.
Recommended by the City Clerk.
b. Considering – approval of a License Agreement with Golden State Family Farms 2, LLC for a fee of $6,394 per month from September through December 2024 ($25,576 total) to allow temporary operation of a pumpkin patch and Christmas tree lot for the property bounded by Clayton Road, Concord Boulevard, and Galindo Street; and authorizing the City Manager to sign the agreement in a form acceptable to the City Attorney. Recommended by the Assistant City Manager.
CEQA: Exempt per CEQA Guidelines Sections 15301 – Existing Facilities, 15302 -- Replacement or Reconstruction, 15303 – New Construction and Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations.
c. Considering – approval of the purchase of ESRI licenses, maintenance, training and support using the Small Government Enterprise License Agreement from ESRI (Environmental Systems Research Institute) Inc. for a total not-to-exceed amount of $344,180 over three years, including a 10% contingency; and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Information Technology.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. d. Considering – approval of a Cooperative Agreement with the City of Pleasant Hill to construct a complete streets project on Sunvalley Blvd in the amount of $440,000 (Contra Costa Improvement Project, Project No. 2637); and authorizing the City Manager to execute the Cooperative Agreement, subject to approval of the City Attorney. Recommended by the Director of Community Development.
For CEQA purposes, the City of Pleasant Hill is considered to be the “lead agency” pursuant to CEQA Guidelines Sec. 15051(a) and (d). e. Considering – adoption of a Resolution accepting and appropriating grant funding from the California Governor’s Office of Emergency Services (Cal OES) in the amount of $55,875 to support and develop the Concord Community Emergency Response Team (CERT) Teen CERT Program, Project No. 2784. Recommended by the Chief of Police.
CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15273, and/or 15378 including subsection (b)(4).
5 f. Considering – the following for Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616) located on Armand Drive from Denkinger Road to Thornwood Drive, Farm Bureau Road from Willow Pass Road to Wren Avenue, and Laguna Street from Detroit Avenue to Galindo Street:
1. Award of a Construction Contract in the amount $1,018,000.00 to McGuire and Hester for the Total Bid of Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney (Measure V Funds); and
2. Authorizing the City Engineer to accept the improvements upon completion of Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616) 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), 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
g. Considering – approval of a Product and Services Agreement with Active Network, LLC for maintenance, upgrade services and software licensing for the CLASS Point of Sale System for a total not-to-exceed amount of $147,574.79 over two years, including a 10% contingency; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund) 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), 15273, and/or 15378.
h. Considering – the adoption of a Resolution Adopting a List of Projects for Fiscal Year 2024-25 Funded by SB 1: The Road Repair and Accountability Act of 2017. Recommended by the Director of Community Development.
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.
i. Considering – approval of a budget transfer in the amount of $346,594.44 to the Residential Pavement Maintenance, Phase B: Northwood Drive Project (Project No. 2608), located on Northwood Drive, from the Pavement Holding Account (Project No. 2157) (Measure V, Fund 407) and associated appropriation of such funds to Project No. 2608.
6 CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and Public Resources Code (PRC) Section 21065.
j. Considering – approval of a Memorandum of Understanding between the Contra Costa Resource Conservation District and the City of Concord to establish and maintain a pollinator habitat at Willow Pass Community Park in coordination with the City; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Director of Public Works.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15304, 15305, 15323, 15333, and/or Public Resources Code Section 21065.
k. Considering – the following for the Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598) generally located in the Downtown Concord area:
1. Award of a Construction Contract in the amount $2,377,656.00 to Devaney Engineering, Inc. for the Total Bid of Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney (Sewer Operating Fund); and
2. Approval of Task Order #1 with Dewberry Engineers Inc. in the not-to- exceed amount of $272,205.34 (base agreement of $247,459.40 plus staff authority to spend up to a 10% contingency of $24,745.94) to provide construction management, material testing, and related services; and authorizing the City Manager to execute the agreement, in a form acceptable to the City Attorney (Sewer Operating Fund); and
3. Authorizing the City Engineer to accept the improvements upon completion of Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598) and directing the City Clerk to file a Notice of Completion; and
4. Make the CEQA determinations as provided in this staff report.
Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
l. Considering – approval of a Maintenance Services Agreement with Palomas Landscape Inc. for city-wide landscape maintenance services for a three-year term, with three one-year extensions, in the amount of $550,000 per fiscal year; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney and making the CEQA determinations as provided in this staff report. Recommended by the Director of Public Works. 7 CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2) and (3), 15273, 15301, 15302, 15304, 15378, and/or Public Resources Code section 21065.
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 – recommendations from the Council Ad Hoc Committee for the Homeless Strategic Plan Implementation of a competitive grant program and providing direction to staff on next steps. Report by Leng Power, Community Services 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.
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. Introduce – an Ordinance amending Concord Municipal Code, Title 18 (Development Code) Chapter 18.20 (General Terms), Chapter 18.30 (Residential Districts), Chapter 18.35 (North Todos Santos District), Chapter
18.40 (Office and Commercial Districts), Chapter 18.45 (Downtown Districts), Chapter 18.50 (Business Park and Industrial Districts), Chapter 18.55 (Public/Quasi-Public District), Chapter 18.60 (Community Land Districts), and Chapter 18.200 (Standards for Specific Uses) for consistency with state law and implementation of the 2023-2031 Housing Element, by reading of the title only and waiving further reading. (Housing Element Program 22.6); (PL23176 – MC). Report by Michael Hart, Associate Planner.
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). b. Introduce – an Ordinance amending Concord Municipal Code, Title 18 (Development Code), Chapters 18.20 (General Terms), 18.30 (Residential Districts), 18.35 (North Todos Santos District), 18.40 (Office and Commercial Districts), 18.45 (Downtown Districts), 18.50 (Business and Industrial Districts), 18.55 (Public/Quasi-Public District), 18.60 (Community Land Districts), 18.105 (Transit Station Overlay), 18.150 (General Development 8 Standards), 18.160 (Parking, Loading, and Access), 18.200 (Standards for Specific Uses), 18.410 (Zoning Clearance), 18.415 (Design and Site Review), and Title 5 (Business Licenses and Regulations), Section 5.05.090 (Exemptions), for consistency with state law, clarify and/or improve review processes, and implement the 2023-2031 Housing Element, by reading of the title only and waiving further reading (Housing Element Programs 15.2 and
16.1); (PL24066 – MC). Report by Frank Abejo, Principal Planner.
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 meeting minutes. a. Letter to Hon. Nancy Skinner, Chair, Senate Housing Committee - AB 3093 (Ward) Land use: housing element: streamlined multifamily housing - Notice of OPPOSE UNLESS AMENDED - 6/21/2024
b. Letter to Christian Griffith, Assembly Budget Committee - Urgent Support Needed for Governor Newsom's Budget for Behavioral Health Virtual Services Platform - 6/25/2024
c. Letter to Hon. Robert Rivas, California State Assembly, and Hon. Mike McGuire, California State Senate re: Protecting Energy Efficient Funding in Public Purpose Programs - 7/15/2024
d. Letter to Hon. Toks Omishakin, California State Transportation Agency, re:
Support for County Connection's Grant Application for 2024 Transit and Intercity Rail Capital Program; Solar Supported Zero Emission Vehicle Fleet and Service Modernization Project - 7/15/2024
e. Letter to Congressman DeSaulnier re: Exonerated Convicted Black Sailors - 7/19/2024
f. Letter to Hon. Juan Carillo re: AB 2485 (Carillo) Regional housing need:
determination. City of Concord - Notice of Support - 8/1/2024
8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
9. ADJOURNMENT
9 Next Meeting: Regular Meeting
Date: 8/27/2024 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.