1 REGULAR MEETING OF THE
CONCORD CITY COUNCIL/CITY COUNCIL
SITTING AS THE CONCORD-PLEASANT HILL
HEALTH CARE DISTRICT
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MAY 3, 2022
The Concord City Council met in a regular meeting In the Council Chamber located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, May 3, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember Obringer. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Neetu Salwan, Deputy City Clerk; Debra Solomon,
Administrative Clerk III; Mark Bustillos, Chief of Police; Karan Reid, Director of Finance; Will Tarbox, Director of Public Works; Kevin Marstall, Director of Community Development; Steve Voorhies, Director of Parks and Recreation; Greg Taylor, Director of Information Technology; Craig Blythe, Administrative Services Manager; Kylie Hicks, Budget Analyst; Bruce Davis, Interim City Engineer; Aaron Sage, Principal Planner; James Nakayama, Captain; Bernard Enrile, CIP Manager; Eugene
Loew, Parks Manager
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Mariah Lauritzen, Concord; Eric Haynes, Concord; Santino Bernuzzani, Concord; Forrest Ebert, Concord; Renee Seaton, Concord; Kelly Smith, Concord; Brad Roy, Concord; Tim Carr, Concord; Cora Mitchell
PUBLIC COMMENT PERIOD
Mariah Lauritzen, Concord, requested that she be allowed to apply for a permanent memorial for cyclist Jose Castillo through public art that serves as a public memorial.
Eric Haynes, Concord, requested that the subject of Airbnb’s be agendized on a future City Council meeting.
PRESENTATION
PROCLAMATION – Municipal Clerks’ Week
Mayor Aliano presented Debra Solomon, Administrative Clerk III, Neetu Salwan, Deputy City Clerk, and Joelle Fockler, City Clerk, a proclamation declaring the week of May 1 – 7, 2022, as “Municipal Clerks’ Week in the City of Concord.
City Council Minutes May 3, 2022
Following questions from the City Council, Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT CONSENT CALENDAR
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 – April 5, 2022
A motion was made by Birsan and seconded by Hoffmeister to approve the minutes from the April 5, 2022, meeting. The motion passed by unanimous vote of the Council.
ADOPTION OF ORDINANCE NO. 22-6 – Adopting and Approving Concord Police Department Policy 706, Military Equipment Use Policy – Assembly Bill No. 481 A motion was made by Birsan and seconded by Obringer to adopt Ordinance No. 22-6 entitled, “An 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." Ordinance No. 22-6 was introduced on April 12, 2022, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
ADOPTION OF ORDINANCE NO. 22-7 – Amendment to the Contract Between the Board of Administration of the California Public Employees’ Retirement System and 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
A motion was made by Birsan and seconded by Obringer to adopt 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." Ordinance No. 22-7 was introduced on April 12, 2022, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
APPROVAL OF A MAINTENANCE SERVICES AGREEMENT – West Coast Arborists, Inc.
A motion was made by Birsan and seconded by Obringer to approve a three-year Maintenance Services Agreement in the amount of $2,250,000 (average of $750,000 per fiscal year) with West Coast Arborists, Inc. to provide tree maintenance services; 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.
FORMALLY CANCEL AWARD OF CONTRACT – Centre Concord Foundation Stabilization Project, PJ 2481
A motion was made by Birsan and seconded by Obringer to formally cancel the March 2, 2020, award of a contract for the Centre Concord Foundation Stabilization Project (PJ 2481) in the amount of $236,706.80 to Engineered Soil Repairs, Inc. of Walnut Creek, reject all bids, and authorize staff to re- advertise the project. The motion passed by unanimous vote of the Council.
City Council Minutes May 3, 2022
ACCEPT IMPROVMENTS – Diamond Boulevard/Willow Pass Road Sewer Repair, Project No. 2554 A motion was made by Birsan and seconded by Obringer to accept improvements for Diamond Boulevard/Willow Pass Road Sewer Repair, Project No. 2554, and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 22-31 – List of Projects for Fiscal Year 2022-23 to be funded by SB 1:
The Road Repair and Accountability Act of 2017
A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 22-31 entitled, “A Resolution Adopting a List of Projects for Fiscal Year 2022-23 to be Funded by SB 1: The Road Repair and Accountability Act of 2017.” The motion passed by unanimous vote of the Council.
AWARD OF CONSTRUCTION CONTRACT – Ellis Lake Area Sanitary Sewer Improvement Project, Project No. 2447 – Bay Pacific Pipelines, Inc.
A motion was made by Birsan and seconded by Obringer to award a Construction Contract in the amount of $2,887,545 to Bay Pacific Pipelines Inc. for the Ellis Lake Area Sanitary Sewer Improvement Project, Project No. 2447; authorize staff to utilize the available project contingency for contract change orders up to 20% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; approval of a Professional Services Agreement with Dewberry Engineers Inc. in the not-to-exceed amount of $472,782 (base agreement of $429,801.95 plus staff authority to spend up to a 10% contingency of $42,980.05) for construction management, inspection, and materials testing services; 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 AN AMENDED AND RESTATED SOLID WASTE FRANCHISE AGREEMENT – Mount Diablo Resource Recovery
A motion was made by Birsan and seconded by Obringer to approve an Amended and Restated Solid Waste Franchise Agreement with Mount Diablo Resource Recovery in response to changes in the solid waste industry.
CONCORD-PLEASANT HILL HEALTH CARE DISTRICT CONSENT CALENDAR APPOINTMENT TO THE JOHN MUIR COMMUNITY HEALTH FUND BOARD – Niko Anagnostopoulos A motion was made by Birsan and seconded by Obringer to appoint Niko Anagnostopoulos as a City of Concord representative to the John Muir Community Health Fund Board for a term ending December 31, 2025, due to an unscheduled vacancy created by the death of Dr. Michelle Hernandez.
The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEM
DIRECTION TO STAFF AND APPLICANT – APPLICATION FOR AN AMENDMENT TO THE GENERAL PLAN DESIGNATION AND ZONING CLASSIFICATION – 1536, 1538, and 1540 Farm Bureau Road Assistant Planner Michael Hart presented the report, explaining that staff and the applicant were requesting direction on Council’s willingness to consider an application for an amendment to the General Plan designation and zoning classification of a 0.86-acre site located at 1536, 1538, and 1540 Farm Bureau Road from Low Density Residential to Medium Density Residential, which would allow for a density range of 11 to 32 units per net acre, where the current allowed density range is 2.5 to 10 units per net acre. Mr. Hart explained that if, after hearing the Council’s feedback, the applicant decides to proceed with the General Plan Amendment and Zoning Map Amendment, the applications would go through the traditional review process before returning to Council for consideration and final decisions.
City Council Minutes May 3, 2022
Following questions from the City Council, Mayor Aliano opened a public comment period.
The following people spoke in opposition to the proposed project as presented:
Santino Bernuzzani, Concord
Forrest Ebert, Concord
Renee Seaton, Concord
Kelly Smith, Concord
Brad Roy, Concord
Mariah Lauritzen, Concord, spoke in favor of a multifamily project.
Mayor Aliano closed the public comment period.
The City Council provided direction to staff to continue to work with the applicant to refine the application, which if proceeds, will be reviewed and processed in accordance with the CDC and State law (including CEQA), which will include public hearings held with the Planning Commission then City Hall.
Mayor Aliano recessed the meeting at 7:56 p.m. The meeting resumed at 8:04 p.m.
CITY COUNCIL PUBLIC HEARING
PROVIDING DIRECTION ON ADOPTING A BASE RATE FOR SANITATION AND REFUSE FEES; AND ADOPTION OF RESOLUTION NO. 22-6042.1 – City’s Master Fees and Charges Schedule Budget Analyst Kylie Hicks presented the report, providing background by reviewing Policy and Procedure No. 170, title of procedure, and a summary of proposed changes to the City’s Master Fees and Charges Schedule. She introduced Craig Blythe, Administrative Services Manager, who reiterated that the Council was being requested to select and approve an option for phased-in rate increase for sanitation and refuse fees.
Administrative Services Manager Blythe introduced Garth Schultz, Principal R3 Consulting Group, who provided a rate adjustment background, rate review outcomes, factors affecting rate increases, comparison to other communities, and five-year rate adjustment options.
Following questions by the City Council to staff and representatives from Mt. Diablo Resource Recovery, Mayor Aliano opened a public comment period.
Eric Haynes, Concord, spoke in support of Scenario #1.
Tim Carr, Concord, spoke in support of Mount Diablo Resources Recovery.
Cora Mitchell spoke of Mount Diablo Resources Recovery passing along costs to customers.
Mayor Aliano closed the public comment period.
Following discussion by the Council, a motion was made by Hoffmeister and seconded by Birsan to adopt Resolution No. 22-6042.1 entitled, “A Resolution Amending Exhibit A to Resolution No. 78-6042 Establishing Fees and Charges for Various Municipal Services in the City of Concord” and including a
9.76 percent increase for Sanitation and Refuse Fees in 2022 followed by Refuse Rate Index plus 4.61 percent in 2023 and 2024 and Refuse Rate Index plus 6.26 percent in 2025 and 2026 (with the intention of having the resulting rate adjustment in all five years be at our around 9.76 percent.) The motion passed by unanimous vote of the Council.
City Council Minutes May 3, 2022
CORRESPONDENCE
a. Letter to Chairman Archuleta, Committee on Military and Veterans Affairs RE: SJR 15 Port Chicago (Glazer) – April 26, 2022
b. Agenda Item No. 5.a, 1536, 1538, and 1540 Farm Bureau Road – Correspondence Received After 3 p.m. on May 3, 2022
c. Agenda Item No. 5.a, 1536, 1538, and 1540 Farm Bureau Road – PowerPoint d. Agenda Item No. 6.a, Master Fee Schedule – PowerPoint e. Agenda Item No. 6.a, Master Fee Schedule – Benched Attachment 4
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 announced the formation of a Council Ad Hoc Committee comprised of Councilmember Hoffmeister and himself to develop recommendations for full Council review on the American Recovery Plan Act (ARPA) Investment Plan – specifically on spending categories, dollar allocations to spending categories, and process for allocating funds within each spending category. The committee will exist until recommendations are made to the full Council or the end of calendar year 2022, whichever comes first.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 3, 2022, at 9:45 p.m. /s/
DOMINIC ALIANO
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK