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
COUNCIL CHAMBER AND VARIOUS
ELECTRONIC LOCATIONS
TUESDAY, APRIL 12, 2022
The Concord City Council met in a regular meeting via various electronic locations at 6:30 p.m. on Tuesday, April 12, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Vice Mayor Hoffmeister. 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; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Mark Bustillos, Chief of Police; Karan Reid, Director of Finance; Steve Voorhies, Director of Parks and Recreation; Jasmin Loi, Director of Human
Resources; James Nakayama, Captain; Abhishek Parikh,
Deputy Director of Public Works – Transportation; Bruce Davis, Interim City Engineer; Mindy Gentry, Planning Manager; Bernard Enrile, CIP Manager; Bob Hardie, Facilities Maintenance Manager; Kevin Wheat, Associate Civil Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Elaine Schroth, Visit Concord; Amaya Wooding, Concord Tobacco Free Coalition; Brian Davis, Contra Costa County Tobacco Prevention Coalition; Jen Grand-Lejano, American Cancer Society; Blythe Young, American Heart Association; Jimmy Ansera, Contra Costa Tobacco Prevention Coalition; Ady; Mike McDermott, Concord; Martin Wesley, CoCo Farms; Tim Carr; Cora Mitchell; Laura Nakamura
PUBLIC COMMENT PERIOD
Elaine Schroth, Visit Concord, spoke about Creative Concord, a celebration of arts and culture being held June 11-26, 2022.
The following people spoke in favor of the City Council putting flavored tobacco as a Tier 1 Priority:
Amaya Wooding, Concord Tobacco Free Coalition
Brian Davis, Contra Costa County Tobacco Prevention Coalition Jen Grand-Lejano, American Cancer Society
Blythe Young, American Heart Association
City Council Minutes April 12, 2022
Jimmy Ansera, Contra Costa County Tobacco Prevention Coalition Ady spoke of her outreach to the unhoused and stated that there are not enough services for the needs of the unhoused.
PRESENTATION
POLICE DEPARTMENT UPDATE
Mayor Aliano introduced Chief of Police Mark Bustillos, who gave an update on the Police Department.
Following questions from the City Council, Mayor Aliano opened a public comment period.
Mike McDermott, Concord, requested that carjacking, home invasion robberies, and armed robberies be called out in the presentation.
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.
FUNDING REQUEST – 4th of July 2022 Parade and Fireworks Events This item was removed from the Consent Calendar by the Mayor. Councilmembers McGallian and Obringer recused themselves due to their affiliation with the Todos Santos Business Association and the 4th of July activities and left the dais.
A motion was made by Hoffmeister and seconded by Birsan to approve a request from the Todos Santos Business Association Arts Foundation for $50,000 funding and in-kind City services to support the July 4, 2022, parade and fireworks events; and finding that authorizing such funding provides demonstrable benefit to the citizens of Concord by reversing certain negative impacts of COVID-19 and strengthening community connectivity. The motion passed by the following vote of the Council:
AYES: Birsan, Hoffmeister, Aliano NOES: None ABSENT: McGallian, Obringer Councilmembers McGallian and Obringer returned to the dais.
REJECTION OF BIDS – Network Rewire of Police Department Headquarters, RFB #2467 A motion was made by Obringer and seconded by Birsan to reject all bids for RFB #2467, Network Rewire of PD Headquarters, and direct staff to revise the bid documents and re-advertise the project for bids. The motion passed by unanimous vote of the Council.
REJECTION OF BIDS – Diablo Creek Golf Course Maintenance Building, RFB #2466 A motion was made by Obringer and seconded by Birsan to reject all bids for RFB #2466, Diablo Creek Golf Course Maintenance Building, and direct staff to revise the bid documents and re-advertise the project for bids. The motion passed by unanimous vote of the Council.
City Council Minutes April 12, 2022
ADOPTION OF RESOLUTION NO. 22-19 – Pleasant Hill Landscaping and Lighting Assessment District #20
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-19 entitled, “A Resolution Approving the Request of the City of Pleasant Hill to Allow Sunvalley Mall and Certain Other City of Concord Commercial Properties to be Included in Pleasant Hill Landscaping and Lighting Assessment District #20, Commercial Area Landscaping and Lighting.” The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 22-20 – Accepting Preliminary Engineer’s Report - Downtown Landscape Maintenance District
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-20 entitled, “A Resolution Accepting the Preliminary Engineer’s Report for the Downtown Landscape Maintenance District.” The motion passed by unanimous vote of the Council.
RESOLUTION NO. 22-21 – Accepting Preliminary Engineer’s Report - Pine Hollow Landscape and Lighting Maintenance District
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-21 entitled, “A Resolution Accepting the Preliminary Engineer’s Report for the Pine Hollow Landscape and Lighting Maintenance District.” The motion passed by unanimous vote of the Council.
RESOLUTION NO. 22-22 – Accepting Preliminary Engineer’s Report - Landscape and Lighting Assessment District No. 3
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-22 entitled, “A Resolution Accepting the Preliminary Engineer’s Report for the Landscape and Lighting Assessment District No. 3.” The motion passed by unanimous vote of the Council.
RESOLUTION NO. 22-23 – Accepting Preliminary Engineer’s Report - Citywide Street Lighting Assessment District
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-23 entitled, “A Resolution Accepting the Preliminary Engineer’s Report for the Concord Citywide Street Lighting Assessment District.” The motion passed by unanimous vote of the Council.
RESOLUTION NO. 22-24 – Resolution of Intention to Order Improvements and Set Public Hearing - Downtown Landscape Maintenance District
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-24 entitled, “A Resolution of Intention to Order Improvements and set a Public Hearing for the Downtown Landscape Maintenance District.” The motion passed by unanimous vote of the Council.
RESOLUTION NO. 22-25 – Resolution of Intention to Order Improvements and Set Public Hearing - Pine Hollow Landscape and Lighting Maintenance District
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-25 entitled, “A Resolution of Intention to Order Improvements and set a Public Hearing for the Pine Hollow Landscape and Lighting Maintenance District.” The motion passed by unanimous vote of the Council.
City Council Minutes April 12, 2022
RESOLUTION NO. 22-26 – Resolution of Intention to Order Improvements and Set Public Hearing - Landscaping and Lighting Assessment District No. 3
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-26 entitled, “A Resolution of Intention to Order Improvements and set a Public Hearing for the Landscaping and Lighting Assessment District No. 3.” The motion passed by unanimous vote of the Council.
RESOLUTION NO. 22-27 – Resolution of Intention to Order Improvements and Set Public Hearing - Citywide Street Lighting Assessment District
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-27 entitled, “A Resolution of Intention to Order Improvements and set a Public Hearing for the Citywide Street Lighting Assessment District.” The motion passed by unanimous vote of the Council.
APPROVAL OF PURCHASES OF STORMWATER GREEN INFRASTRUCTURE CONSTRUCTION MATERIALS – Hillcrest Park Regional Green Infrastructure Project (Project No. 2512) A motion was made by Obringer and seconded by Birsan to approve purchases of stormwater green infrastructure construction materials in the not-to-exceed amount of $822,604.80 (includes original quotes total of $747,822.55 plus staff authority to spend up to a 10 percent contingency of $74,782.25) for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512). The motion passed by unanimous vote of the Council.
CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY/CITY COUNCIL
SITTING AS THE CONCORD-PLEASANT HILL HEALTH CARE DISTRICT CONSENT CALENDAR ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-28, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-37, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-029 – Continue Meetings Remotely, AB 361
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-37, Local Reuse Authority Resolution No. 22-37, and Concord/Pleasant Hill Health Care District Resolution No. 22- 029 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.
CITY COUNCIL PUBLIC HEARINGS
ADOPTION OF RESOLUTION NO. 22-29 APPROVING A USE PERMIT, VARIANCE, ADMINISTRATIVE PERMIT, AND DESIGN AND SITE REVIEW AND INTRODUCTION OF ORDINANCE NO. 22-5 APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT – Kolaboration Concord LLC Principal Planner Frank Abjeo presented the report, explaining that the City Council was being requested to consider a Use Permit, Variance, Administrative Permit, Design and Site Review, and introduction of an ordinance for a Development Agreement with Kolaboration Concord, LLC (dba “CoCo Farms”) to establish a cannabis microbusiness with a storefront retail component at 2366 Stanwell Circle.
Following questions from the City Council, Mayor Aliano opened a public comment period.
Mike McDermott asked about the Development Agreement term and the future use of cannabis vaping.
Martin Wesley, CoCo Farms, spoke of CoCo Cares in Antioch and all CoCo Farms philanthropic efforts being voluntary.
City Council Minutes April 12, 2022
Tim Carr spoke of using solar panels in the parking lot.
Mayor Aliano closed the public comment period.
Following discussion by the City Council, a motion was made by Birsan and seconded by Hoffmeister to adopt Resolution No. 22-29 entitled, “A Resolution Approving a Use Permit, Variance, Administrative Permit, and Design and Site Review for a cannabis microbusiness with storefront retail for Kolaboration Concord LLC at 2366 Stanwell Circle, APN 112-252-021, -022, and -006 (PL21109 – UP, AP, VA, DR, DA)” with the addition of Condition #38 - The chain link gates proposed for the trash enclosure shall be replaced with solid decorative gates, and the trash enclosure shall be sized appropriately to ensure compliance with Senate Bill 1383 (SB 1383), subject to review and approval by City staff prior to issuance of a building permit for the trash enclosure. The motion passed by unanimous vote of the Council.
A motion was made by Birsan and seconded by Obringer to introduce Ordinance No. 22-5 entitled, “An Ordinance Approving and Adopting a Development Agreement by and between the City of Concord and Kolaboration Concord, LLC, Regarding the Development of a Cannabis Microbusiness with a Storefront Retail Component Located at 2366 Stanwell Circle, Assessor’s Parcels Numbers: 112-252- 021, -022, and -006 (PL21109 – DA, UP, VA, DR)” by reading of the title only and waiving further reading.
The motion passed by unanimous vote of the Council.
Mayor Aliano recessed the meeting at 9:35 p.m. The meeting resumed at 9:46 p.m.
INTRODUCTION OF ORDINANCE NO. 22-6 (UNCODIFIED ORDINANCE) – Concord Police Department Policy 706, Military Equipment Use Policy, in Compliance with AB 481 Provisional Lieutenant Kevin Halm presented the staff report explaining that California Assembly Bill No. 481 was approved by the Governor in September 2021 and took effect on January 1, 2022. He reported that AB 481 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a Military Equipment Use Policy by ordinance, prior to the agency funding, acquiring, or using military equipment, and the approval shall commence prior to May 1, 2022.
Following questions from the City Council, Mayor Aliano opened a public comment period.
Ady spoke of her concern over militarizing the policy.
Cora Mitchell spoke of the need for a GARE assessment.
Mayor Aliano closed the public comment period.
Following discussion by the City Council, a motion was made by Hoffmeister and seconded by McGallian to introduce Ordinance No. 22-6 entitled, “An Uncodified Ordinance of the City Council of the City of Concord Adopting and Approving Concord Police Department Policy 706, Military Equipment Use Policy, in Compliance with California Assembly Bill No. 481 (AB 481)” by reading of the title only and waving further reading. The motion passed by unanimous vote of the Council.
City Council Minutes April 12, 2022
ADOPTION OF RESOLUTION NO. 22-4753, A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND INTRODUCTION OF ORDINANCE NO. 22-7 APPROVING AN AMENDMENT TO THE CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM – Amend Provisions Pursuant to Government Code Section 205165 (Employees Sharing Additional Cost) for all classic members in the Concord Police Association and Concord Police Association-Managers’ Representation Unit
Director of Human Resources Jasmin Loi presented the staff report, explaining that in 2020 City staff worked with bargaining groups on concessions to address the anticipated budget shortfall. The City, the Concord Police Association, and the Concord Police Association-Managers’ Representation Unit agreed to amend the City’s contract with the California Public Employees’ Retirement System regarding employees sharing additional cost, and that adopting a Resolution of Intention and Ordinance are the last actions necessary to implement the agreed to side letters.
Following questions from the City Council, Mayor Aliano opened a public comment period.
Cora Mitchell spoke of the commitment the Council made regarding GARE assessments, and stated her surprise that GARE assessments were no longer being used.
Mayor Aliano closed the public comment period.
Following comments by the City Council, a motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 22-4753 entitled, “A Resolution of Intention to Approve an Amendment to the Contract between the Board of Administration California Public Employees’ Retirement System and the City Council of the City of Concord to Amend Provisions Pursuant to Government Code Section 20516 (Employees Sharing Additional Cost) for All Classic Members in the Concord Police Association and the Concord Police Association-Managers’ Representation Unit.” The motion passed by unanimous vote of the Council.
A motion was made by Hoffmeister and seconded by Obringer to introduce Ordinance No. 22-7 entitled, “An Ordinance of the City Council of the City of Concord, California, Authorizing an Amendment to the Contract between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Concord to Amend Provisions Pursuant to Government Code Section 20516 (Employees Sharing Additional Cost) for all Classic Members in the Concord Police Association and the Concord Police Association-Managers’ Representation Unit” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Letter to Senators Feinstein and Padilla RE: Support for Community Project Funding Proposal – Citywide LED Streetlight Conversion – April 1, 2022
b. Letter to Senator Padilla RE: Local Support for Just Transition Economic Revitalization Plan Phase II Congressionally Directed Spending Request from Contra Costa County – April 1, 2022 c. Letter to Senators Feinstein and Padilla RE: Support for Community Project Funding Proposal – Fiber Along Monument Corridor – April 1, 2022
d. Letter to Assembly Member Wicks RE: Support of Assembly Bill 2547 (Nazarian) – April 6, 2022 e. Written Public Comment, Agenda Item No. 2.a
f. Benched Correspondence, Agenda Item No. 3.a – Chief’s Update g. PowerPoint Presentation, Agenda Item No. 3.a – Chief’s Update h. Benched Correspondence, Agenda Item No. 4.a – Fourth of July Fireworks i. Benched Exhibit A to Attachment 1, Agenda Item No. 5.a – Kolaboration j. Staff PowerPoint Presentation, Agenda Item No. 5.a – Kolaboration k. Applicant PowerPoint Presentation, Agenda Item No. 5.a – Kolaboration l. PowerPoint Presentation, Agenda Item No. 5.b – AB 481 m. PowerPoint Presentation, Agenda Item No. 5.c – AB 481 City Council Minutes April 12, 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.
Mayor Aliano opened a public comment period.
Laura Nakamura spoke of the need for a racial equity lens.
Cora Mitchell spoke of the need for a racial equity lens.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on April 12, 2022, at 10:26 p.m. in memory of Carlo Zocchi.
/s/
DOMINIC ALIANO
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK