1 REGULAR MEETING OF THE
CONCORD CITY COUNCIL
VARIOUS ELECTRONIC LOCATIONS
TUESDAY, FEBRUARY 22, 2022
The Concord City Council met in a regular meeting via various electronic locations at 6:30 p.m. on Tuesday, February 22, 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 (Councilmember Hoffmeister
arrived at 6:34 p.m.)
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; Karan Reid, Director of Finance; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Mark Bustillos, Chief of Police; Karan Reid, Director of Finance; Craig Blythe, Administrative Services Manager; Bruce Davis, Interim City Engineer; Brenda Kain, Housing Manager; Ali Hatefi, Associate Civil Engineer; Sophia Huckabay, Housing Program Analyst; Bernard Enrile, CIP
Manager
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Natalie; George Fulmore; Ady Olvera; Linda Jacob; Tatiana Avdienko; Wendy Hershey, D’Marco Anthony; Donna Walton
PUBLIC COMMENT PERIOD
Natalie spoke of the Spirit West Coast Christian music festival to be held at the Concord Pavilion this summer, and requested that this be the final year this music festival is allowed to be held in Concord.
George Fulmore requested that a City Manager Report be put at the beginning of each meeting agenda.
Ady Olvera gave an update on the Concord Communities Alliance recent activities and asked for a moratorium on encampment sweeps.
Linda Jacob spoke of the recent cold weather and how it adversely affects the unsheltered.
Tatiana Avdienko spoke in support of elementary instrumental music.
Wendy Hershey spoke of needed services for unsheltered residents.
D’Marco Anthony emailed regarding Councilmember Birsan’s response to Mr. Anthony’s comments made regarding the redistricting process at the February 1st City Council meeting.
Donna Walton emailed requesting that an item regarding a partnership with community members, churches, non-profit groups and the City to provide a safe, legal site for the unhoused be put on a City Council meeting agenda.
City Council Minutes February 22, 2022
CITY COUNCIL CONSENT CALENDAR
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF MINUTES – January 25 and February 1, 2022
A motion was made by Obringer and seconded by Hoffmeister to approve the minutes from the meetings of January 25 and February 1, 2022. The motion passed by unanimous vote of the Council.
ADOPTION OF ORDINANCE NO. 22-1 – Development with Coastal Retail Concord, LLC A motion was made by Obringer and seconded by Hoffmeister to adopt 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 (PL21331 - AA, DA, DR).” Ordinance No. 22-1 was introduced on January 25, 2022, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 22-6 – Accepting Public Improvements for Tract 9508, Myrte Creek Estates Subdivision
A motion was made by Obringer and seconded by Hoffmeister to adopt Resolution No. 22-6 entitled, “A Resolution Accepting the Public Improvements for Tract 9508, Myrtle Creek Estates Subdivision, Assessor’s Parcel No. 117-050-008, located on Myrtle Drive at Ayers Road, and Releasing the Obligation of the Bonds Posted with the Subdivision Agreement.” The motion passed by unanimous vote of the Council.
APPROVAL OF PURCHASE OF THE RUBRIK DISASTER RECOVERY AND BACKUP SYSTEM – ePlus, Inc.
A motion was made by Obringer and seconded by Hoffmeister to approve the purchase of the Rubrik Disaster Recovery and Backup System from ePlus Inc. in an amount not to exceed $457,557.89, including a 15% contingency, in accordance with the City’s technology replacement schedule. The motion passed by unanimous vote of the Council.
APPROVAL OF A LICENSE AGREEMENT – Devaney Engineering
A motion was made by Obringer and seconded by Hoffmeister to approve a License Agreement with Devaney Engineering, Inc. to allow temporary materials/equipment storage within the City of Concord's property located at the Concord Pavilion for a fee of $1,687 per month for March 2022; authorize the City Manager to renew or extend the license term; and authorize the City Manager to sign the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 22-7 – Notification of Intent to Comply with Senate Bill 1838 Regulations
A motion was made by Obringer and seconded by Hoffmeister to adopt Resolution No. 22-7 entitled, “A Resolution Adopting a Notification of Intent to Comply with SB 1838 Regulations.” The motion passed by unanimous vote of the Council.
City Council Minutes February 22, 2022
AWARD OF CONSTRUCTION CONTRACT – Interstate Grading & Paving, Inc. – Project No. 2443 APPROVAL OF PROFESSIONAL SERVICES AGREEMENT – Quincy Engineering, Inc. – Project No. 2443
APPROVAL OF RELATED BUDGET TRANSFER – From Project No. 2423 to Project No. 2443 A motion was made by Obringer and seconded by Hoffmeister to:
1. Award of a construction contract in the amount of $2,729,071.90 to Interstate Grading & Paving Inc. of South San Francisco for Pavement Maintenance – Zone 3 (Project No. 2443), authorize staff to utilize the available project contingency for contract change orders up to 10% of the contract amount, and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;
2. Approve a Professional Services Agreement with Quincy Engineering, Inc. in the total not-to- exceed amount of $298,971.20 (base contract amount of $271,792.00 plus staff authorization to spend up to 10% contingency of $27,179.20) to provide construction management, inspection, and materials testing services for Pavement Maintenance – Zone 3 (Project No. 2443); and authorize the City Manager to execute the Agreement in a form acceptable to the City Attorney; and
3. Approve a related budget transfer of $400,000 (Measure Q and SB-1 Funds) from Oak Grove Road Pavement Rehabilitation - Phase 2 (Project No. 2423) to Pavement Maintenance – Zone 3 (Project No. 2443).
The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEM
SUPPORT OF THE CONCORD ART ASSOCIATION’S PROPOSAL TO COMPLETE PHASE III OF ITS
UTILITY BOX ARTWORK PROGRAM
Assistant City Manager Justin Ezell introduced Catherine Hensiek from the Concord Art Association who gave a presentation on the Concord Art Association’s proposal to complete Phase III of its Utility Box Artwork Program.
Following questions from the City Council, Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
Following discussion by the Council, a motion was made by Obringer and seconded by McGallian to authorize the use of 20 traffic signal controller boxes located throughout the City for public art, authorize staff to support the Program, and allocate $10,000 from the Art in Public Places fund to support the Program. The motion passed by unanimous vote of the Council.
CITY COUNCIL PUBLIC HEARINGS
ADOPTION OF RESOLUTION NO. 22-8 – Approving the Issuance of Tax-Exempt Revenue Obligations – The Lakes Apartments
Housing Program Analyst Sophia Huckabay introduced Phil Wood, President of Integrity Housing, who gave a presentation on the issuance of tax-exempt revenue obligations by the California Municipal Finance Authority for the purpose of financing the acquisition, rehabilitation, improvement, equipping, and conversion to affordable housing of The Laskes Apartments, a 102-unit multifamily rental housing project located at 1818, 1819, and 1850 Laguna Street, Concord, California.
Following questions from the City Council, Mayor Aliano opened a public comment period.
George Fulmore asked about the status of undocumented tenants.
City Council Minutes February 22, 2022
Natalie asked about ownership of the lake.
Mayor Aliano closed the public comment period.
Following discussion by the Council, a motion was made by McGallian and seconded by Obringer to adopt Resolution No. 22-8 entitled, “A Resolution Approving the Issuance of Tax-Exempt Revenue Obligations by the California Municipal Finance Authority for the Purpose of Financing the Acquisition, Rehabilitation, Improvement, Equipping, and Conversion to Affordable Housing of The Lakes Apartments, a 102-Unit Multifamily Rental Housing Project Located at 1818, 1819, and 1850 Laguna Street, Concord, California (The ‘Project’).” The motion passed by unanimous vote of the Council.
INTRODUCTION OF ORDINANCE NO 22-2 – Amending Concord Municipal Code Chapter 2.10 – Councilmember Compensation
City Clerk Joelle Fockler presented the report, explaining that at its meeting on January 25, 2022, the City Council supported a modest increase to Council salaries as a means of removing the potential for a much larger increase as would be allowed by State law should no action to change Council compensation be taken, and that an Ordinance was prepared for introduction that establishes a 6 percent (3 percent for each of two years, not compounded) increase in Councilmember compensation to be effective after the November 2022 City Council election. Ms. Fockler stated that the current Council compensation of $1,352 per month will be increased to $1,433.12 per month with adoption of the Ordinance, and the cost of the increase within the two-year budget is $2,839.20 and includes the months of December 2022 through June 2023.
Following questions from the City Council, Mayor Aliano opened a public comment period.
Natalie asked for the City Council to only take the pay they need.
Mayor Aliano closed the public comment period.
A motion was made by McGallian and seconded by Birsan to introduce Ordinance No. 22-2 entitled, “An Ordinance Amending Concord Municipal Code Chapter 2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) Increasing Councilmember Compensation by 3 percent and 3 percent, not compounded to $1,433.12 per month, to be Effective after the November 2022 City Council Election” by reading of the title only and waiving further reading. The Motion passed by the following vote of the Council:
AYES: Birsan, Hoffmeister, McGallian, Aliano NOES: Obringer ABSENT: None
CORRESPONDENCE
a. PowerPoint Presentation, Agenda Item No. 4.a – Concord Utility Box Art Phase III b. Benched Correspondence, Agenda Item No. 5.a – The Lakes c. PowerPoint Presentation, Agenda Item No. 5.a – The Lakes
COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.
It was the consensus of the Council to have staff work with the Mayor to ensure alignment with the City’s legislative platform and prepare letters of support for SB 843 Taxation: Renters’ Credit and AB 2336 Vehicles: Speed Safety System Pilot Program.
It was the consensus of the Council to have staff connect with the Winters’ Night Program to learn how they are operating now and this upcoming winter and bring the information back to the Housing and City Council Minutes February 22, 2022
Economic Development Committee and invite the Concord faith based community to the meeting for a discussion.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on February 22, 2022, at 8:30 p.m. /s/
DOMINIC ALIANO
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK