1 REGULAR MEETING OF THE
CONCORD CITY COUNCIL/CITY COUNCIL
SITTING AS THE LOCAL REUSE AUTHORITY
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MAY 24, 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 24, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember Birsan. 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; Kevin Marstall, Director of Community Development; Karan Reid, Director of Finance; Guy Bjerke, Director of Economic Development and Base Reuse; Marie Suvansin, Economic Development Manager
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Mariah Lauritzen, Bike Concord; Nancy Pratt, Concord; Laura Nakamura, Concord; Ady Olvera; D’Marco ; Jimmy Ancera; Erik Haynes, Concord; Doug LeMoine, Laborers Union Local 324; Pat Young, Local 104; Kyler Haun, IBEW Local 104; Tom
Hansen, IBEW 302, Jesse Peralez, Carpenters Local 152; Kyle Swarns, Carpenters Local 152; Triston Shull, Laborers Local 324; Nick Goodwin, Plumbers 159; Rachel Shoemake, IBEW
302; Jason Lester, Plumbers & Fitters Local 159; Julian Vinatiri, IBEW 302; Derek Cole, IBEW 302; Pastor Tony Summers,
Impact Bible Ministries; Joanna Perry, IBEW 302; Sedique Papal, Noor Islamic and Cultural Community Center; Dan Torres, Sprinkler Fitters Local 483; Jason Lindsey, Ironworkers Local 378; Fernando Campos; Caleb; Juan Pablo Galvan, Save Mount Diablo; Nancy Pratt, Concord; Cora Mitchell; Gloria Bruce, EBHO; Sadie Wilson, Greenbelt Alliance; Debra Ballinger, Monument Impact; Alex Werth, EBHO; Natalie; Betty Lobos; Hope Johnson; Roxanne Garza; Eric Antonick, Concord; Brian Holt, East Bay Regional Park District; David Litty
PUBLIC COMMENT PERIOD
Mariah Lauritzen, Bike Concord, provided suggestions for possible sites for a memorial for Jose Castillo.
Nancy Pratt, Concord, requested support of an unhoused community located near the Police Department.
Laura Nakamura, Concord, spoke of the need for GARE Assessments and to reinstate the Human Relations Commission, and requested that the City Council consider a tobacco policy.
City Council Minutes May 24, 2022
Ady introduced herself as the Democratic Party District 4 Director.
D’Marco Anthony spoke of the need for GARE Assessments.
Jimmy Ancera requested that the City Council consider a tobacco policy.
CITY COUNCIL CONSENT CALENDAR
Mayor Aliano opened a public comment period.
Due to technical difficulties, Mayor Aliano recessed the meeting at 6:46 p.m. The meeting resumed at 6:55 p.m. and General Public Comment was continued to the end of the meeting. There was no public comment on the Consent Calendar.
APPROVE MINUTES – April 12, 2022
A motion was made by Obringer and seconded by Birsan to approve the minutes from the meeting of April 12, 2022. The motion passed by unanimous vote of the Council.
ADOPT ORDINANCE NO. 22-8 – Municipal Code Title 12 (Streets & Sidewalks) A motion was made by Obringer and seconded by Birsan to adopt Ordinance No. 22-8 entitled, “An Ordinance Amending Concord Municipal Code Title 12 (Streets & Sidewalks), Chapter 12.15, Street Encroachments, to add a Moratorium on and Required Enhanced Restoration for Certain Street Cuts within a Five Year Period.” Ordinance No. 22-8 was introduced on April 26, 2022, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
APPROVE TASK ORDER #2 – LCC Engineering and Surveying, Inc.
A motion was made by Obringer and seconded by Birsan to approve Task Order #2 for LCC Engineering and Surveying, Inc. in the not-to-exceed amount of $90,451 (base agreement of $78,653 plus staff authority to spent up to a contingency of $11,795) for design engineering and related services for Newhall Park Water Quality Improvement (Project No. 2353), 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.
AWARD CONTRACT – Bay Cities Paving & Grading, Inc. AND APPROVE AGREEMENT FOR PROFESSIONAL SERVICES – Swinerton Management and Consulting, Inc. – Grant Street/East Street Pavement Rehabilitation Project, Project No. 2525
A motion was made by Obringer and seconded by Birsan to award a construction contract in the amount $5,527,965 to Bay Cities Paving & Grading, Inc.; authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney, and approve an Agreement for Professional Services with Swinerton Management and Consulting, Inc. in the not-to- exceed amount of $551,091 (base agreement of $500,992 plus staff authority to spend up to a 10% contingency of $50,099) to provide 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.
City Council Minutes May 24, 2022
ADOPT RESOLUTION NO. 22-38 – Amending Policy & Procedure 37.4 – Employment of Relatives A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-38 entitled, “A Resolution Amending Policy & Procedure 37.4 – Employment of Relatives.” The motion passed by unanimous vote of the Council.
AWARD CONSTRUCTION CONTRACT AND APPROVE BUDGET TRANSFER – St. Francis Electric LLC – Citywide Traffic System Upgrade Project, Project No. 2493 A motion was made by Obringer and seconded by Birsan to award a construction contract in the amount of $2,102,247 to St. Francis Electric LLC for the Citywide Traffic System Upgrade Project, Project No. 2493, authorize staff to utilize the available project contingency for contract change orders up to 10% of the contract amount, authorize the Mayor to execute the contract in a form acceptable to the City Attorney, and approve a related budget transfer of $700,000 from Arterial Pavement Holding Account (Project No. 2157), Pavement Maintenance Zone 5J (Project No. 2526) and Off-Site Street Improvement Program (OSIP) Update (Project No. 2541). The motion passed by unanimous vote of the Council.
AWARD CONSTRUCTION CONTRACT – Redgewick Construction Co., APPROVE A PROFESSIONAL SERVICES AGREEMENT – Park Engineering, AND APPROVE A BUDGET TRANSFER A motion was made by Obringer and seconded by Birsan to award a construction contract in the amount of $4,049,949.25 to Redgewick Construction Co. for the Monument Boulevard Class 1 Path, Project No. 2455, and authorize staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; approve a Professional Services Agreement with Park Engineering in the not-to-exceed amount of $258.424 (base agreement of $234,930.81 plus staff authority to spend up to a 10% contingency of $23,493.19) for construction management, inspection, and materials testing services; authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and approve a budget transfer in the amount of $300,000 from Pavement Maintenance Zone 5J, Project No. 2526, to the Monument Boulevard Class 1 Path, Project No. 2455, to provide for the staff authorized 10% construction contingency. The motion passed by unanimous vote of the Council.
APPROVE LEASE AGREEMENT BETWEEN CITY OF CONCORD AND BART A motion was made by Obringer and seconded by Birsan to approve a lease agreement between the City of Concord and BART for BART’s use of two City-owned parcels located at Sunset Avenue and Sinclair Avenue; and authorize the City Manager to execute the lease in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
Mayor Aliano called the next agenda item out of agenda order.
LOCAL REUSE AUTHORITY CONSIDERATION ITEM
REQUESTED FIRST AMENDMENT AND TIMELINE EXTENSION TO THE EXCLUSIVE AGREEMENT
TO NEGOTIATE (ENA) BETWEEN THE LOCAL REUSE AUTHORITY AND CONCORD FIRST PARTNERS, LLC – Disposition and Development of the former Concord Naval Weapons Station (CNWS) Director of Economic Development and Base Reuse Guy Bjerke presented the staff report, explaining that Council was being requested to consider CFP’s proposed amendment to the ENA, as Concord First Partners, LLC if they want to continue with the current ENA, and, if Concord First Partners, LLC wants to continue with the current ENA, an extension of the current ENA, expiring on May 25, 2022.
Following Director Bjerke’s presentation, Jeb Elmore, Vice President, Concord First Partners, LLC, who presented Concord First Partners actions and work product on the project to date.
City Council Minutes May 24, 2022
Following questions from the City Council, Mayor Aliano recessed the meeting at 8:42 p.m. The meeting resumed at 8:51 p.m., and Mayor Aliano opened a public comment period.
The following people spoke in support of an extension of an ENA and the formation of an Ad Hoc Committee to enhance the negotiation process with Concord First Partners, LLC:
Erik Haynes, Concord
Doug LeMoine, Laborers Union Local 324
Pat Young, Local 104
Kyler Haun, IBEW Local 104
Tom Hansen, IBEW 302
Jesse Peralez, Carpenters Local 152
Kyle Swarns, Carpenters Local 152
Triston Shull, Laborers Local 324
Nick Goodwin. Plumbers 159
Rachel Shoemake, IBEW 302
Jason Lester, Plumbers & Fitters Local 159
Julian Vinatiri, IBEW 302
Derek Cole, IBEW 302
Pastor Tony Summers, Impact Bible Ministries
Joanna Perry, IBEW 302
Sedique Papal, Noor Islamic and Cultural Community Center Dan Torres, Sprinkler Fitters Local 483
Jason Lindsey, Ironworkers Local 378
Fernando Campos
Caleb
The following people spoke in opposition to extending the ENA:
Juan Pablo Galvan, Save Mount Diablo
Nancy Pratt, Concord
Laura Nakamura, Concord
Ady Olvera, Concord
Cora Mitchell
Gloria Bruce, EBHO
Sadie Wilson, Greenbelt Alliance
Debra Ballinger, Monument Impact
Alex Werth, EBHO
D’Marco Anthony
Natalie
Betty Lobos
City Council Minutes May 24, 2022
Hope Johnson
Roxanne Garza
Eric Antonick, Concord, proposed an alternative to extending the ENA.
Brian Holt, East Bay Regional Park District (EBRPD), spoke of the EBRPD land conveyance.
Mayor Aliano closed the public comment period.
Following comments by the City Council, a motion was made by Birsan and seconded by Hoffmeister to deny the requested ENA amendment and confirm the existing negotiation process and timeline, but commit the LRA to considering all elements of the project – EIR, Specific Plan, DDA, DA, and other matters – in one action to prevent the possibility that land-use matters are approved without the approval of a DDA or DA, confirm that CFP wishes to continue under the existing ENA, and extend the existing ENA until January 31, 2023, to finish the Term Sheet. The motion passed by the following vote of the Council:
AYES: Birsan, Hoffmeister, McGallian, Aliano NOES: Obringer ABSENT: None Mayor Aliano recessed the meeting at 10:29 p.m. The meeting resumed at 10:36 p.m.
The meeting agenda order resumed.
CITY COUNCIL CONSIDERATION ITEM
ADOPT RESOLUTION NO. 22- 39 TO DECLARE SURPLUS LANDS AND ISSUE NOTICES OF AVAILABILITY – Town Center II Property
Economic Development Manager Marie Suvansin presented the staff report, explaining that the City of Concord owns and may consider disposal of two former Redevelopment Agency properties located in downtown Concord:
Town Center II, an approximately 3-acre property located at 1765 Galindo Street and bounded by Galindo Street, Concord Boulevard, and Clayton Road; and Oak Street Project, an approximately 4.2-acre property composed of two parcels separated by Mt. Diablo Street and bounded by Galindo Street, Oak Street, and Laguna Street.
Economic Development Manager Suvansin stated that the Council was being requested to adopt a Resolution declaring the properties associated with Town Center II and Oak Street Project as surplus land and authorize the City Manager to issue Notices of Availability for the sites.
Following questions from the City Council, Mayor Aliano opened a public comment period, Ady stated that the properties should be used for tiny home villages.
Natalie stated that the properties should be used for public housing.
Cora Mitchell stated that the properties should be used for micro housing communities.
Mayor Aliano closed the public comment period.
Following discussion by the City Council, a motion was made by Birsan and seconded by Obringer to adopt Resolution No. 22-39 entitled, “A Resolution Declaring Three Parcels Owned by the City Council Minutes May 24, 2022
City of Concord to be Surplus Land Pursuant to Government Code Section 54221(f)(1)(A) and Taking Related Actions.” The motion passed by unanimous vote of the Council.
A motion was made by Obringer and seconded by McGallian to continue the meeting after 11 p.m. The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Letter to Senator Min RE: Oppose SB 881 (Min) – May 6, 2022 b. Letter to Assembly Member Holden RE: Support AB 2170 (Grayson: Residential real property:
foreclosure sales – May 9, 2022
c. Benched Correspondence, Agenda Item No. 3.b – Ordinance No. 22-8 d. Benched Correspondence, Agenda Item No. 4.a – Declaration of Surplus Lands e. PowerPoint Presentation, Agenda Item No. 4.a – Declaration of Surplus Lands f. Benched Correspondence, Agenda Item No. 4.b – Exclusive Agreement Negotiate (ENA) g. PowerPoint Presentation, Agenda Item No. 4.b – Exclusive Agreement Negotiate (ENA) h. PowerPoint Presentation, Agenda Item No. 4.b – Exclusive Agreement Negotiate (ENA) i. Correspondence Received After 3 p.m. on Meeting Day, Agenda Item No. 4.b – Exclusive Agreement Negotiate (ENA)
PUBLIC COMMENT (CONTINUED)
Mayor Aliano reopened the general public comment period.
David Litty spoke of enforcing the current tobacco ordinance.
Cora Mitchell spoke of the need for GARE assessments on every item.
Mayor Aliano closed the public comment period.
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 City Council to have the Council Committee on Policy Development review the tobacco policy.
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ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 24, 2022, at 11:20 p.m. /s/
DOMINIC ALIANO
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK