1 REGULAR MEETING OF THE
CONCORD CITY COUNCIL/CITY COUNCIL
SITTING AS THE LOCAL REUSE
AUTHORITY/CITY COUNCIL SITTING AS THE
CONCORD-PLEASANT HILL HEALTH CARE
DISTRICT
VARIOUS ELECTRONIC LOCATIONS
TUESDAY, MARCH 1, 2022
The Concord City Council met in a regular meeting via various electronic locations at 6:30 p.m. on Tuesday, March 1, 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; Thomas Capriola, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Neetu Salwan, Deputy City Clerk; Israel Mora, Executive Assistant; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; William Tarbox, Director of Public Works; Jasmin Loi, Director of Human Resources; Jennifer Ortega, Community Relations Manager; Craig Blythe, Administrative Services Manager; Bruce Davis, Interim City Engineer; Bernard Enrile, CIP Manager; Aldrich Bautista, Associate Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Natalie; George Fulmore; Erik Owens; Mariah Lauritzen; Ady Olvera; Judi Herman, Concord; Betty Gabaldon; Karely Ordaz; Millie Phillips; Guadalupe, Concord; Laura Nakamura, Concord; Alex Navarro; Debra Ballinger, Monument Impact; Caroline Koorn, Concord; D’Marco Anthony, Concord; Hope Johnson; Dave Campbell, Bike East Bay; Bruce Olsen
PUBLIC COMMENT PERIOD
Natalie spoke of the need for a mobile shower program for the unhoused and called for all Councilmembers to donate to help and support Ukraine at razomforukraine.org.
George Fulmore requested that the City Council adopt an ordinance limiting rent increases to the consumer price index.
The following people spoke of the recent death of cyclist Jose Castillo and in favor of increased bicycle and pedestrian safety in Concord:
Erik Owens
Mariah Lauritzen
Ady
City Council Minutes March 1, 2022
PRESENTATION
PROCLAMATION - RED CROSS MONTH
Mayor Aliano presented Trish Beirne, American Red Cross Northern California Coastal Region Leadership Council, a proclamation declaring March 2022 as “Red Cross Month” in the City of Concord.
Following questions from the City Council, Mayor Aliano opened a public comment period.
Natalie, urged the Council and the public to donate to help and support Ukraine at razomforukraine.org.
Mayor Aliano closed the public comment period.
The next agenda item, Agenda Item No. 6.a, was heard out of agenda order because it was 7 p.m. and the Redistricting Public Hearing was noticed to begin at 7 p.m.
CITY COUNCIL PUBLIC HEARING
REDISTRICTING PROCESS – PUBLIC HEARING NO. 4
INTRODUCE ORDINANCE NO. 22-3 AMENDING CONCORD MUNICIPAL CODE CHAPTER 2.35 (ELECTIONS)
Assistant City Manager Justin Ezell presented the staff report, explaining that the public hearing was one of the at least four legally-required public meetings to inform the public about the redistricting process and receive community input on how to redraw the boundaries of the voting districts, and the Council was being requested to provide direction to the City’s independent demographer on refinements to the draft plans, and introduce an Ordinance amending the Concord Municipal Code to permit district elections to be established by Resolution by reading of the title only and waiving further reading. Mr. Ezell introduced demographer Michael Wagaman, who reviewed the proposed maps.
Following questions from the City Council, Mayor Aliano opened a public comment period The following people spoke/emailed in support of Map 3 or 3a:
Judi Herman, Concord
Betty Gabaldon
Millie Phillips
Guadalupe, Concord
Laura Nakamura, Concord
Alex Navarro, email
Debra Ballinger, Monument Impact
George Fulmore, stated that District 3 should find a representative and get them on the ballot.
Karely Ordaz stated that communities of interest should be kept together.
Ady spoke in support of Map 3.
Caroline Koorn, Concord, emailed in support of Map 3a.
D’Marco Anthony, Concord, emailed stating that as a District 5 resident he prefers Babel Lane as a boundary between Districts 4 and 5.
City Council Minutes March 1, 2022
Mayor Aliano closed the public comment period.
Following Council comments, a motion was made by Birsan and seconded by McGallian to introduce Ordinance No. 22-3 as amended and benched entitled, “An Ordinance of the City of Concord Amending Concord Municipal Code Chapter 2.35 (Elections) to Permit the District Boundaries for ‘By Districts’ Elections to be Established by Resolution” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
The City Council directed staff to finalize Map 3a with slight revisions to Districts 4 and 5 boundaries from Babel Lane to Markham Nature Area on La Vista Avenue and return for adoption by Resolution on April 5, 2022.
The Meeting Agenda order resumed.
PRESENTATION
PROCLAMATION – PRESCRIPTION DRUG ABUSE AWARENESS MONTH
Mayor Aliano presented April Rovero, Chair of the Contra Costa County MEDS Coalition, and Nardos Darkera, Monument Youth Drug & Alcohol Coalition Coordinator, a proclamation declaring March 2022 as “Prescription Drug Abuse Awareness Month” in the City of Concord.
Following questions from the City Council, Mayor Aliano opened a public comment period.
Natalie spoke of being prescribed dangerous prescription drugs when she didn’t need them.
Laura Nakamura thanked April Rovero and Nardos Darkera for their work in the community.
Hope Johnson spoke of the lobbying by pharmaceutical companies.
Mayor Aliano closed the public comment period.
CITY COUNCIL/LOCAL REUSE AUTHORITY/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT
CONSENT CALENDAR
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
ADOPT RESOLUTION NO. 22-9 – Downtown Landscape Maintenance District A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-9 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Downtown Landscape Maintenance District.” The motion passed by unanimous vote of the Council.
ADOPT RESOLUTION NO. 22-10 – Pine Hollow Landscape and Lighting Maintenance District A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-10 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Pine Hollow Landscape and Lighting Maintenance District.” The motion passed by unanimous vote of the Council.
ADOPT RESOLUTION NO. 22-11 – Landscape and Lighting Maintenance District No. 3 A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-11 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Landscaping and Lighting Maintenance District No. 3.” The motion passed by unanimous vote of the Council.
City Council Minutes March 1, 2022
ADOPT RESOLUTION NO. 22-12 – Citywide Street Lighting Assessment District A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-12 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Citywide Street Lighting Assessment District.” The motion passed by unanimous vote of the Council.
ADOPT RESOLUTION NO. 22-3493.1 – Maintenance and Lead Maintenance Collection System Worker Classifications
A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-3493.1 entitled, “A Resolution Approving the Creation of the Maintenance Collection System Worker Classification Assigned to Pay Grade 9-6562 Field and Operations Unit and the Lead Maintenance Collection System Worker Classification, Assigned to Pay Grade 10-6552 Field and Operations Unity, and Amending the City’s Salary Schedule to Include the Maintenance Collection System Worker with an Annual Salary Range of $63,270 to $80,850 and the Lead Maintenance Collection System Worker with an Annual Salary Range of $68,750 to $87,236.” The motion passed by unanimous vote of the Council.
ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-13, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-35, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-026 – Continue Meetings Remotely, AB 361
This item was pulled from consideration on the Consent Calendar by Concord resident Hope Johnson, who commented that the City Council should go back to meeting in person sooner than April 5th.
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Hoffmeister and seconded by Birsan to adopt Resolution No. 22-13, Local Reuse Authority Resolution No. 22-35, and Concord/Pleasant Hill Health Care District Resolution No. 22- 026 entitled, “A Resolution Declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, Standing City Council Subcommittees, and all City Boards, Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by unanimous vote of the Council.
Mayor Aliano recessed the meeting at 8:54 p.m. The meeting resumed at 9:00 p.m.
CITY COUNCIL CONSIDERATION ITEM
APPROVAL OF FIVE PROFESSIONAL SERVICES AGREEMENTS FOR RESIDENTIAL PAVEMENT DESIGN, PHASE A – Pavement Engineering
Director of Community Development Kevin Marstall presented the staff report, explaining that Residential Pavement Design, Phase A, will rehabilitate pavement in six residential neighborhoods and that work will also include concrete curb ramps, monument preservation, adjustment of utilities, signage, and pavement striping restoration. He confirmed that engineering design services are needed to initiate project design and to develop plans, specifications, and construction cost estimates, and that after a competitive process, staff recommended Pavement Engineering, Inc. (PEI) to provide design engineering services, and noted that PEI has extensive experience in the design of pavement improvement projects.
Following questions from the City Council, Mayor Aliano opened a public comment period.
Dave Campbell, Bike East Bay, asked about meetings to incorporate walking and bicycle safety into designs for these projects.
Erik Owens spoke of making streets safer for bicycles.
City Council Minutes March 1, 2022
Laura Nakamura requested infrastructure improvements for pedestrian and bicycle safety whenever there are street improvements
Mayor Aliano closed the public comment period.
Following comments by the Council, a motion was made by Birsan and seconded by Obringer to approve the following for Residential Pavement Design Phase A, and authorize the City Manager to execute the agreements in a form acceptable to the City Attorney:
(1) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $272,981 (base agreement of $248,165 plus staff authority to spend up to a 10% contingency of $24,816) to provide design engineering and related services for the Pavement Maintenance - Zone 1B (Project No. 2516);
(2) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $324,593 (base agreement of $295,085 plus staff authority to spend up to a 10% contingency of $29,508) to provide design engineering and related services for the Pavement Maintenance - Zones 2B & 2E (Project No. 2517);
(3) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $305,437 (base agreement of $277,670 plus staff authority to spend up to a 10% contingency of $27,767) to provide design engineering and related services for the Pavement Maintenance - Zone 3B (Project No. 2561);
(4) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $196,504 (base agreement of $178,640 plus staff authority to spend up to a 10% contingency of $17,864) to provide design engineering and related services for the Pavement Maintenance - Zone 4Q (Project No. 2562); and
(5) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $211,931 (base agreement of $192,665 plus staff authority to spend up to a 10% contingency of $19,266) to provide design engineering and related services for the Pavement Maintenance - Zone 5L (Project No. 2563).
The motion passed by unanimous vote of the Council.
PUBLIC COMMENT (Continued from the beginning of the meeting) Laura Nakamura, spoke of the death of Jose Castillo and requested that the City divest from involvement with Russia and support and welcome people from Ukraine.
Bruce Olsen, emailed requesting sidewalks for pedestrians, a motor vehicle traffic lane in each direction on the street, a bicycle traffic lane in each direction on the street, and dividing up additional space in transportation rights-of-ways to things like landscaping and divider medians or bus or electric vehicle lanes.
CORRESPONDENCE
a. PowerPoint Presentation, Agenda Item No. 5.a – Residential Pavement Design, Phase A b. Benched Attachment 4, Agenda Item No. 6.a – Redistricting c. Benched Correspondence, Agenda Item No. 6.a – Redistricting d. PowerPoint Presentation, Agenda Item No. 6.a – Redistricting City Council Minutes March 1, 2022
CLOSED SESSION REPORT
Senior Assistant Thomas Capriola reported that on February 1, 2022, during a Closed Session agenda item entitled: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Joshua Robertson v. City of Concord et al. United States District Court, Northern District of California, Case No. 19-01918 Si, the City Council, by a unanimous vote (Ayes:
Aliano, Hoffmeister, Birsan, McGallian, Obringer, Nays: None) approved a tentative agreement to resolve plaintiff’s civil rights lawsuit for a total payment of $75,000 plaintiff and his attorneys. The District Court approved and entered the dismissal of this action with prejudice on February 17, 2022.
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 March 1, 2022, at 9:35 p.m. /s/
DOMINIC ALIANO
MAYOR
/s/ __
JOELLE FOCKLER, MMC
CITY CLERK