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,
September 24, 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/84254383685?pwd=Juxb8sItU0KWSiJjyKLNjx1K8Upo8g.
LcIwpP5-tVFy-mTe or Zoom Webinar ID: 842 5438 3685 and Passcode: 021651 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 – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 Pledge of Allegiance – Vice Mayor 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. PRESENTATIONS
a. Presentation – to Jorge Chamorro, Co-Executive Director, and Correen "Cori" Johnson, Co-Executive Director & Director of Youth Housing & Trainer, Rainbow Community Center, declaring September 21-27, 2024, as "United Against Hate Week" in the City of Concord. Presentation by Mayor Birsan. b. Presentation – by Central Contra Costa Sanitary District: Board Member Tad Pilecki and Planning and Development Services Division Manager Danea Gemmell on how the San Francisco Bay Regional Water Quality Control Board's new nutrient regulations affect Concord. Introduction by Mayor Birsan.
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 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 – the renewal of a three-year Microsoft Enterprise Licensing Agreement with DELL Inc. for Microsoft software licenses associated with Microsoft Office, Outlook, Teams, Windows desktop and Windows server operating systems, and other Microsoft applications used by all City staff, for a total not-to-exceed amount of $860,915.88, including a 20% 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. b. Considering – the following actions in relation to the Sun Terrace Elementary School Crossing Enhancements (Project No. 2712), which will upgrade school crossings on Floyd Lane:
1. Award of a Construction Contract in the amount of $230,605 to FJ&I Engineering Inc. and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making a CEQA determination as provided in this staff report; (Funded by Transportation Development Act Grant Funds, Gas Tax, and Measure V Funds); and
2. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2712 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 – the following:
1. Accepting improvements for the Grant Street/East Street Pavement Rehabilitation Project (Project No. 2525); 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 $7,367 (for a new not-to-exceed amount of $430,647) with BKF 5 Engineers; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney;
3. Approval of project creation of the Grant Street/SR-242 Bike Undercrossing Project (Project No. 2785); and
4. Approval of a budget transfer from the Grant Street/East Street Pavement Rehabilitation Project (Project No. 2525) to the Grant Street/SR-242 Bike Undercrossing Project (Project No. 2785) in the amount of $300,000 from Measure J (Fund 475) to the project. 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), 15262, 15273, and/or 15378.
d. Considering – adoption of a Resolution accepting the Fiscal Year 2023/24 Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing the City Manager or designee to submit, on behalf of the City of Concord, the CAPER, consistent with the program rules which govern the Community Development Block Grant (CDBG) Program as required by the U.S. Department of Housing and Urban Development (HUD). Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15273, 15378, and/or Public Resources Code Section 21065. e. Considering – directing staff to proceed with a City-initiated Concord Municipal Code amendment that would allow for vehicle and equipment rental facilities with outdoor storage in the Industrial Mixed Use (IMX) zoning district, and related issues, as recommended by the Housing and Economic Development Committee (Originally Considered by Council on September 10, 2024, when no motion was passed). Recommended by the City Manager.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378.
5. 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 – introduction of:
1. An Ordinance amending Concord Municipal Code, Title 18 (Development Code), Chapters 18.20 (General Terms), 18.30 (Residential Districts), 18.35 6 (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), 18.160 (Parking, Loading, and Access), 18.200 (Standards for Specific Uses), 18.415 (Design and Site Review), and Title 5 (Business Licenses and Regulations), Section 5.05.090 (Exemptions), to implement state law and the 2023 – 2031 Housing Element (Housing Element Programs 15.2 and 16.1), and clarify and improve review processes; and
2. An Ordinance amending Concord Municipal Code Title 18, 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 Standards), 18.160 (Parking, Loading, and Access),
18.200 (Standards for Specific Uses), and 18.410 (Zoning Clearance), for consistency with state law, consistency with the 2023-2031 Housing Element (Program 15), and/or clarify and improve review processes. (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.
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: 10/1/2024 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 7 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.