REGULAR MEETING OF THE
CONCORD CITY COUNCIL/CITY COUNCIL
SITTING AS THE CONCORD-PLEASANT HILL
HEALTH CARE DISTRICT
VARIOUS ELECTRONIC LOCATIONS
TUESDAY, JANUARY 25, 2022
The Concord City Council met in a regular meeting via various telephonic/electronic locations at 6:30 p.m. on Tuesday, January 10, 2022, with Mayor Aliano presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT VIA
VARIOUS ELECTRONIC LOCATIONS: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT VIA VARIOUS
ELECTRONIC LOCATIONS: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Neetu Salwan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; William Tarbox, Director of Public Works; Karan Reid, Director of Finance; Kevin Marstall, Interim Director of Community
Development; Bruce Davis, Interim City Engineer; Bernard Enrile, CIP Manager; Marie Suvansin, Economic Development Manager; Ryan Pursley, Chief Building Official; Mindy Gentry, Planning Manager; Abhishek Parikh, Deputy Director of Public Works – Transportation; Lorna Villa, Associate Planner; Kevin Wheat, Associate Civil Engineer; Robert Carrera, Economic Development Specialist
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: George Fulmore; Kenji Yamada; Employed Homeless Taxpayer; Ady; Michael Kerr; Linda Jacob; Judith Herman, Concord; Emily Gaines, Concord; Cora Mitchell; Natalie; LaTonya Johnson, Concord; Hope Johnson, Concord; Mike McDermott; Chuck
Carpenter; Wendy; Mike Cluster, Concord
PUBLIC COMMENT
George Fulmore spoke of moving homeless, Ellis Lake Park, and affordable housing.
Kenji Yamada spoke in opposition to sweeps of homeless encampments.
Employed Homeless Taxpayer spoke of having nowhere to go due to a recent homeless sweep.
Ady requested an urgency agenda item to focus on the issue of temporary safe housing for the unhoused.
Michael Kerr spoke of the City owned land next to the skate park being used for a homeless community.
Linda Jacob spoke of helping the homeless population.
Judith Herman, Concord, asked the Council to address homeless issues proactively.
City Council Minutes January 25, 2022 Emily Gaines, Concord, requested more services for the unhoused and for an item to be put on the next City Council meeting agenda regarding homeless issues.
At 6:55 p.m., Mayor Aliano continued the remainder of the public comment to the end of the meeting.
PRESENTATIONS
BUSINESS RECOGNITION AWARDS – Los Rancheros Supermarket, Concord Mazda, and Six Flags Hurricane Harbor
Mayor Aliano introduced Robert Carrera, Economic Development Specialist, who provided a program overview and presented the awards to Los Rancheros Supermarket, Concord Mazda, and Six Flags Hurricane Harbor.
Mayor Aliano opened a public comment period.
George Fulmore commented that the businesses at 1500 Monument do not own the property and that a historic cultural district should be created.
Mayor Aliano closed the public comment period.
2021 LEGISLATIVE SESSION WRAP-UP – Townsend Public Affairs Assistant City Manager Justin Ezell introduced Niccolo De Luca, Vice President, Townsend Public Affairs, who gave a presentation on the 2021 Legislative Session. Following questions by the City Council, Mayor Aliano opened a public comment period.
George Fulmore inquired about a renter’s tax credit.
Core Mitchell spoke of the Council taking steps toward tangible solutions for homeless issues.
Employed Homeless Taxpayer stated that she wants help but there is no help available because she doesn’t qualify for services.
Natalie spoke of the unsafe and unsanitary hotels used for Project Room Key and cautioned the Council against using blanket statements that are disrespectful.
LaTanya Johnson, Concord, spoke of the need for alternative services to CORE.
Mayor Aliano closed the public comment period.
CITY COUNCIL CONSENT CALENDAR
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF MEETING MINUTES –December 14, 2021, and January 10, 2022 A motion was made by Hoffmeister and seconded by McGallian to approve the meeting minutes from the December 14, 2021, meeting as submitted and January 10, 2022, meeting as benched for Council consideration. The motion passed by unanimous vote of the Council.
City Council Minutes January 25, 2022 ACCEPTANCE OF IMPROVEMENTS – 2021 Citywide Arterial and Collectors Pothole and Base Repair, Project No. 2567
This item was pulled from consideration on the Consent Calendar by Councilmember Obringer who highlighted the project and the six heavily traveled segments of arterial and collector streets where pothole and base repairs were made and requested that staff report out about upcoming roadwork projects at an upcoming City Council meeting.
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Obringer and seconded by Birsan to accept improvements for the 2021 Citywide Arterial and Collectors Pothole and Base Repair, Project No. 2567; and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.
APPROVAL OF PURCHASE – Cisco Systems Computer Network Infrastructure Equipment – Zones, LLC A motion was made by Hoffmeister and seconded by McGallian to approve the purchase of Cisco Systems computer network infrastructure equipment from Zones, LLC. in an amount not to exceed $673,808.23, including a 15 percent contingency, in accordance with the City’s technology replacement schedule. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 22-3 – Street Names “Julia Lane” and “Chapman Way” for the Clayton Roads Townhomes, Subdivision No. 9506
A motion was made by Hoffmeister and seconded by McGallian to adopt Resolution No. 22-3 entitled, “A Resolution Approving the Street Names “Julia Lane” and “Chapman Way” for the Clayton Road Townhomes, Subdivision No. 9506, Located at 3512 Clayton Road and 105 Roslyn Drive.” The motion passed by unanimous vote of the Council.
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT – Design Services for Treat Boulevard Pavement Rehabilitation Project, Project No. 2559 – BKF A motion was made by Hoffmeister and seconded by McGallian to approve a Professional Services Agreement with BKF in the not-to-exceed amount of $649,000 (base agreement of $590,000 plus staff authority to spend up to a 10 percent contingency of $59,000) to provide design and related services for the Treat Boulevard Pavement Rehabilitation Project, Project No. 2559; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT – Design Engineering for Meadow Lane/Market Street Paving Project, Project No. 2582 – Bellecci & Associates A motion was made by Hoffmeister and seconded by McGallian to approve a Professional Services Agreement with Bellecci & Associates in the not-to-exceed amount of $292,241.40 (base agreement of $265,674 plus staff authority to spend up to a 10 percent contingency of $26,567.40) for design engineering and related services for Meadow Lane/Market Street Paving Project, Project No. 2582; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.
The motion passed by unanimous vote of the Council.
City Council Minutes January 25, 2022
CONCORD-PLEASANT HILL HEALTH CARE DISTRICT BOARD CONSIDERATION ITEM
APPOINTMENTS TO JOHN MUIR COMMUNITY HEALTH FUND BOARD
City Clerk Joelle Fockler presented the staff report, explaining that the City Council was being requested to appoint Planning Commissioner Raymond Barbour to the John Muir Community Health Fund (CHF) for a term ending December 31, 2025, due to the resignation of Mayor Aliano; and either determine to appoint a Councilmember or hold a recruitment to appoint a member of the public as a City of Concord representative on the CHF for a term ending December 31, 2025, due to an unscheduled vacancy created by the death of Dr. Michelle Hernandez.
Following questions from the City Council, Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Birsan and seconded by McGallian to appoint Raymond Barbour to the John Muir Community Health Fund for a term ending December 31, 2025. The motion passed by unanimous vote of the Council.
A motion was made by Obringer and seconded by Birsan to open a recruitment for a City of Concord representative on the John Muir Community Health Fund for a term ending December 31, 2025, and set a deadline of February 25, 2022, at 5 p.m. as the deadline of receipt of applications by the City Clerk. The motion passed by unanimous vote of the Council.
CITY COUNCIL COMPENSATION
City Clerk Joelle Fockler presented the staff report, clarifying that the City Council was being requested to consider directing staff to return with an ordinance establishing an increase in councilmember compensation to be effective after the November 22 election, and if recommending an increase, provide specific direction to staff on the percentage increase desired.
Following questions from the City Council, Mayor Aliano opened a public comment period.
The following people spoke in opposition to an increase in City Council compensation:
Employed Homeless Taxpayer
Cora Mitchell
Hope Johnson, Concord
Mayor Aliano closed the public comment period.
Following comments from the City Council, a motion was made by McGallian and seconded by Birsan to direct staff to return with an ordinance establishing a six percent (three percent and three percent increase), non-compounded, in councilmember compensation to be effective after the November 2022 election. The motion passed by the following vote of the Council:
AYES: Birsan, McGallian, Aliano NOES: Hoffmeister, Obringer ABSENT: None City Council Minutes January 25, 2022 ADOPTION OF RESOLUTION NO. 22-4 APPROVING AN ADMINISTRATIVE PERMIT AND DESIGN AND SITE REVIEW AND INTRODUCTION OF ORDINANCE NO. 22-1 APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT – Coastal Retail Concord
Associate Planner Michael Hart presented the staff report requesting the City Council to consider an Administrative Permit, Design and Site Review, and an Ordinance for a Development Agreement with Coastal Retail Concord, LLC (DBA Coastal) to establish a cannabis storefront retail use at 1847 Willow Pass Road, subject to conditions of approval.
The City Councilmembers announced ex parte contacts.
Following questions from the City Council, Mayor Aliano opened a public comment period.
Mike McDermott spoke of the lack of safety bollards and the need for good security.
Natalie stated that the location is a good location for a cannabis storefront.
Chuck Carpenter questioned if employees were getting paid for community volunteer work.
Mayor Aliano closed the public comment period.
Following discussion by the City Council, a motion was made by McGallian and seconded by Birsan to adopt Resolution No. 22-4 entitled, “A Resolution Approving an Administrative Permit and Design and Site Review for a Cannabis Storefront Retail Business (Coastal Retail Concord) at 1847 Willow Pass Road, APN 126-360-006 (PL21131 – DA, AA, DR)” and adding the following condition of approval:
22. The applicant shall include within the Safety and Security Plan the installation of safety bollards or the equivalent safety device along the exterior of the storefront to prevent building damage and theft.
The motion passed by unanimous vote of the Council.
A motion was made by McGallian and seconded by Obringer to introduce Ordinance No. 22-1 entitled, “An Ordinance Approving and Adopting a Development Agreement by and Between the City of Concord and Coastal Retail Concord, LLC, Regarding the Development of a Cannabis Storefront Retail Business Located at 1847 Willow Pass Road, Assessor’s Parcel Number 126-360-006 (PL21131 – AA, DA, DR)”, by reading of the title only and waiving further reading. The motion passed by the following vote of the Council:
AYES: Birsan, McGallian, Obringer, Aliano NOES: Hoffmeister ABSENT: None
PUBLIC COMMENT (CONTINUED)
Wendy requested that the scheduled homeless encampment sweep be cancelled.
Mike Cluster, Concord, emailed requesting to stop the evictions of the people living under the BART tracks.
Hope Johnson, Concord, reminded the voters that all five Councilmembers are running for office this year, and stated that sweeps of homeless encampments do not work.
Cora Mitchell stated that she would like to see an accounting of the funds spent on the homeless encampment sweep.
Mayor Aliano closed the public comment period.
City Council Minutes January 25, 2022
CORRESPONDENCE
a. Benched Written Public Comment – Agenda Item No. 2.a b. Townsend PowerPoint – Agenda Item No. 3.b
c. Benched January 10, 2022 Minutes – Agenda Item No. 4.a
COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on January 25, 2022, at 10:04 p.m. in the memory of John Ouimet, Douglass Hieb, and Francis McDonald. /s/
DOMINIC ALIANO
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK