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
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JUNE 28, 2022
The Concord City Council met in a regular meeting in the City Council Conference Room, 1950 Parkside Drive, Concord, California, at 6:00 p.m. on Tuesday, June 28, 2022, with Mayor Aliano presiding. All Councilmembers were present. Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period. The meeting was recessed and immediately reconvened in a closed session for CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code) Name of case: City of Long Beach, et al. v. Monsanto Company, United States District Court for the Central District of California, Case No. 2:16-cv-03493-FMO-AS (class action) and CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code) Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case.
The meeting recessed at 6:15 p.m. to reconvene in open session in the City Council Chamber, 1950 Parkside Drive, Concord, California, and via various telephonic/electronic locations.
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, June 28, 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; Greg Taylor, Director of Information Technology; Karan Reid, Director of Finance; Jasmin Loi, Director of Human Resources; Guy Bjerke, Director of Economic Development and Base
Reuse; Kevin Marstall, Director of Community Development; William Tarbox, Director of Public Works; James Nakayama, Police Captain; Kevin Halm, Provisional Police Lieutenant; Donna Lee, Budget and Treasury Officer; Stefanie Ananthan, Senior Administrative Analyst; Craig Blythe, Administrative Services Manager; Jesse Crawford, Public Works Supervisor; Eugene Loew, Parks Manager; Bruce Davis, Interim City
Engineer; Brenda Kain, Housing Manager; Jennifer Ortega, Community Relations Manager; Kevin Wheat, Associate Civil Engineer; Tianjun Cao, Associate Civil Engineer; Aldrich Bautista, Associate Civil Engineer; Abhishek Parikh, Deputy Director of Public Works – Transportation; Kylie Hicks, Budget Analyst; Bernard Enrile, CIP Manager
City Council Minutes June 28, 2022
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Passion Polanco, Passion’s Daycare; Benu Chhabra, Bay Area Professional Family Child Care Network; Maria Escobar, Happy Face Family Child Care; Laura Nakamura, Concord; Mariah Lauritzen, Bike Concord, Ron Leone, Concord
PUBLIC COMMENT PERIOD
The following people spoke requesting ARPA funds be delegated to in-home childcare providers in Concord:
Passion Polanco, Passion’s Daycare
Benu Chhabra, Bay Area Professional Family Child Care Network Maria Escobar, Happy Face Family Child Care
Laura Nakamura, Concord
Mariah Lauritzen, Bike Concord, stated that Bike Concord is supporting a utility box with artwork in memory of Jose Castillo and asked the City to consider implementing the 15-minute city residential urban concept where most daily necessities can be accomplished by either walking or cycling from residents’ homes.
ANNOUNCEMENTS
UNSCHEDULED VACANCY ON THE PLANNING COMMISSION
City Clerk Joelle Fockler announced a recruitment to fill an unscheduled vacancy on the Planning Commission for a term ending February 28, 2023, and setting a deadline of Friday, July 29, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk.
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/CONCORD-PLEASANT HILL HEALTH CARE
DISTRICT (CPHHCD) CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-43, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-40, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-032 – Continue Meetings Remotely, AB 361
A motion was made by Hoffmeister and seconded by Birsan to adopt Resolution No. 22-43, Local Reuse Authority Resolution No. 22-40, and Concord/Pleasant Hill Health Care District Resolution No. 22- 032 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.
LOCAL REUSE AUTHORITY CONSENT CALENDAR
APPROVAL OF 10 PROFESSIONAL SERVICES AGREEMENTS FOR VARIOUS CONSULTANT
SERVICES
A motion was made by Hoffmeister and seconded by Birsan to approve 10 Professional Services Agreements for various consultant services for the Local Reuse Authority’s work related to the redevelopment of the former Concord Naval Weapons Station for a total not-to-exceed amount of City Council Minutes June 28, 2022
$464,000; and authorize the Executive Director of the LRA to execute the agreements in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSENT CALENDAR
ADOPTION OF ORDINANCE NO. 22-9 – Residential Tenant Anti-Harassment Protection A motion was made by Hoffmeister and seconded by Birsan to adopt Ordinance No. 22-9, entitled, “An Ordinance Amending the Concord Municipal Code by Adding Chapter 19.50 ‘Residential Tenant Anti-Harassment Protection.’” Ordinance No. 22-9 was introduced on June 14, 2022, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
AWARD OF CONTRACT AND APPROVAL OF TASK ORDER #2 – Pothole and Base Repair #2, Port Chicago and Bates (Project No. 2556)
A motion was made by Hoffmeister and seconded by Birsan to award a construction contract in the amount $1,588,818 to Ghilotti Brothers, Inc., authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 20% of the contract amount, and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and approve Task Order #2 for MNS Engineers, Inc. in the not-to-exceed amount of $200,816 (base agreement of $182,560 plus staff authority to spend up to a 10% contingency of $18,256) 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.
AWARD OF CONTRACT AND BUDGET TRANSFER – Traffic Safety Around Schools (Project No. 2576) A motion was made by Hoffmeister and seconded by Birsan to award a Construction Contract in the amount of $180,390 to Ray’s Electric for Traffic Safety Around Schools (Project No. 2576), 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; and approve a related budget transfer of $50,000 from the School Safety Assessment Program (Project No. 2539). The motion passed by unanimous vote of the Council.
ACCEPTANCE OF IMPROVEMENTS – Citywide Accessibility Improvements No. 8 (Project No. 2519) A motion was made by Hoffmeister and seconded by Birsan to accept improvements for the Citywide Accessibility Improvements No. 8 (Project No. 2519) located at various locations on Argyll Avenue, Broadmoor Avenue, Mayfair Avenue, Richard Avenue, Eastgate Avenue, Courtland Drive, Westgate Avenue, Kay Avenue, and Edward Avenue; and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.
DESIGN APPROVAL AND PARK MAINTENANCE AGREEMENT – Galindo Creek Restoration Project A motion was made by Hoffmeister and seconded by Birsan to approve the design of the Galindo Creek Restoration Project and authorize the City Manager to execute a Park Maintenance Agreement with Macerich HHF Broadway Plaza LLC in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
APPROVAL OF AGREEMENT FOR ANIMAL CONTROL SERVICES – Contra Costa County A motion was made by Hoffmeister and seconded by Birsan to approve a two-year agreement with an automatic renewal provision of successive three (3) year terms between the City of Concord and Contra Costa County for the provision of animal control 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 June 28, 2022
APPROVAL OF VARIOUS ANNUAL LICENSE AND MAINTENANCE AGREEMENTS – IT Hardware and Software
A motion was made by Hoffmeister and seconded by Birsan to approve various annual license and maintenance agreements for IT hardware and software in the total amount not to exceed $988,525 for the 2022-23 Fiscal Year; and authorizing the Director of Information Technology to execute agreements and supporting documents in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Hope Solutions A motion was made by Hoffmeister and seconded by Birsan to approve a Professional Services Agreement with Hope Solutions in the amount of $870,675 to administer the Rapid Rehousing for Unhoused Residents program funded through Permanent Local Housing Allocation (PLHA) Grant Funds for two years (July 1, 2022 through June 30, 2024), 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 RESOLUTION NO. 22-44 – City of Concord FY 2022/23 Action Plan A motion was made by Hoffmeister and seconded by Birsan to adopt Resolution No. 22-44 entitled, “A Resolution Accepting the Action Plan for FY 2022/23 and Authorizing the City Manager to Submit, on Behalf of the City of Concord, the One Year Action Plan, Consistent with the Program Rules which Govern the Receipt and Expenditure of Community Development Block Grant Funds Allocated by the U.S. Department of Housing and Urban Development During Fiscal Year 2022/23.” The motion passed by unanimous vote of the Council.
AWARD OF CONSTRUCTION CONTRACT AND APPROVAL OF PROFESSIONAL SERVICES AGREEMENT – Willow Pass Road Signal Upgrade (Project No. 2538) A motion was made by Hoffmeister and seconded by Birsan to award a construction contract in the amount of $2,147,000 to St. Francis Electric, LLC, 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 Park Engineering, Inc. in the not-to-exceed amount of $177,627 (base agreement of $161,479.19 plus staff authority to spend up to a 10% contingency of $16,479.81) 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.
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Citywide Traffic System Upgrade (Project No. 2493)
A motion was made by Hoffmeister and seconded by Birsan to approve a Professional Services Agreement with Swinerton Management & Consulting for the Citywide Traffic System Upgrade Project (Project No. 2493) in the not-to-exceed amount of $261,519 (base agreement of $237,745 plus staff authority to spend up to a 10% contingency of $23,774) for construction management and inspection 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.
AWARD OF PURCHASE – Two 2022 Tymco Model 600 Street Sweepers A motion was made by Hoffmeister and seconded by Birsan to award the purchase of two 2022 Tymco Model 600 street sweepers in the amount of $684,433.94 to Tymco Inc. The motion passed by unanimous vote of the Council.
City Council Minutes June 28, 2022
APPOINTMENT TO THE DESIGN REVIEW BOARD – Jill Finn
A motion was made by Hoffmeister and seconded by Birsan to appoint Jill Finn to fill an unscheduled vacancy for a design professional on the Design Review Board for a term ending February 28, 2025. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 22-4735.4 AND APPROVAL OF APPROPRIATION OF MEASURE V REVENUE – Concord Police Association
A motion was made by Hoffmeister and seconded by Birsan to adopt Resolution No. 22-4735.4 entitled, “A Resolution Approving and Ratifying a Letter of Agreement with the Concord Police Association Amending Attachment A – Pay Schedule of the Memorandum of Understanding Executed by the Director of Human Resources in Her Capacity as the City Manager’s Designee” and approve the appropriation of $1 million of Measure V ongoing revenue and $200,000 from the unallocated General Fund reserve in order to fund $1.2 million for Fiscal Year 2022-23. The motion passed by unanimous vote of the Council.
AUTHORIZING THE WRITE-OFF OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE Councilmembers McGallian and Obringer recused themselves from the item in order to avoid the appearance of a conflict of interest because they are TSBA members and were involved in the Fourth of July event and left the dais.
A motion was made by Birsan and seconded by Hoffmeister to authorize the write-off of uncollectable accounts receivable in the amount of $46,468. 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.
CITY COUNCIL CONSIDERATION ITEMS
ADOPTION OF RESOLUTION NO. 22-45 – Approving Exception to 180 Day Waiting Period to Hire a CalPERS Retired Annuitant
Provisional Police Lieutenant Kevin Halm presented the report, explaining that the Council was being requested to adopt a resolution to waive the 180 day waiting period for hiring retired annuitant David Kasid due to Kasid’s experience and the need for staffing of the CPD jail. Lieutenant Halm stated that as a retired annuitant, Kasid will be limited to no more than 960 work hours per fiscal year, and it is anticipated that the assignment will last approximately one year, which will hopefully give enough time to recruit more fulltime CSO-Detention employees.
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-45 entitled, “A Resolution Approving Exception to the 180 Day Waiting Period to Hire a CalPERS Retired Annuitant in Accordance with Government Code Sections 7522.56 and 21224.” The motion passed by unanimous vote of the Council.
UNFUNDED PERSONNEL LIABILITIES
Director of Finance Karan Reid presented on the options of addressing unfunded personnel liabilities, reviewed funding strategies, and requested Council direction on next steps, if any, for City Council Minutes June 28, 2022
developing funding plan(s) for addressing the City’s unfunded personnel liabilities. Staff recommendations include:
Council continue the practice of prioritizing the use of budget residual towards making Additional Discretionary Payments (ADPs) to CalPERS until the fund is at least 90 percent funded.
Council dedicate all or a portion of new revenues from the new hotel tax and/or cannabis businesses towards making additional discretionary payments to pay down the City’s unfunded pension liabilities with Cal PERS faster.
Following questions from the City Council, Mayor Aliano opened a public comment period.
Ron Leone, Concord, stated that he agreed with staff’s recommendations.
Mayor Aliano closed the public comment period.
Following discussion by the City Council, it was the consensus of the Council to continue with the same direction and discuss as part of the budget process in 2023.
CITY COUNCIL PUBLIC HEARINGS
ADOPTION OF RESOLUTION NO. 22-46 – City of Concord’s Two-Year Capital Improvement Program Budget for FY 2022-23 and 2023-24 and Five-Year Capital Improvement Plan FY 2022-2027 Community Development Director Kevin Marstall presented the report, providing an overview of the May 10 Budget Workshop, supplemental funding recommendations, and the Five-Year Capital Improvement Plan.
Following questions from the City Council, Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by McGallian and seconded by Obringer to adopt Resolution No. 22-46 entitled, “A Resolution Adopting the City of Concord’s Two-Year Capital Improvement Program (CIP) Budget for Fiscal Years (FY) 2022-2023 and 2023-2024 and Five-Year Capital Improvement Plan FY2022-2027.” The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 22-47 – Amending Fiscal Year 2022-23 Municipal Budget APPROVAL OF SIXTH AMENDMENT WITH CONTRA COSTA HEALTH SERVICES - Coordinated Outreach Referral and Engagement (CORE) Program
APPROVAL OF INTERAGENCY AGREEMENT CONTRACT EXTENSION WITH CONTRA COSTA HEALTH SERVICES – Concord Mental Health Evaluation Team (MHET) ADOPTION OF RESOLUTION NO. 22-4735.5 – City of Concord’s Salary Schedule Effective July 11, 2022
ADOPTION OF RESOLUTION NO. 22-48 – Establishing the Appropriation Limit for the City of Concord for FY 2022-23
Budget and Treasury Officer Donna Lee presented the report, reviewing the Council Priority Focus Areas/Tier 1 and Tier 2 Priorities, the biennial budget process, and the proposed FY 2022-23 Budget Adjustments. She turned the presentation over to the Chair of the Measure V Oversight Committee Brian Beckon, who presented the Measure V Oversight Committee Report.
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
City Council Minutes June 28, 2022
A motion was made by Hoffmeister and seconded by Birsan to:
Adopt Resolution No. 22-47 entitled, “A Resolution Amending the Fiscal year 2022-23 Municipal Budget;”
Approve a sixth amendment to Professional Services Agreement No. CCA-5606-E, between the City of Concord, and Contra Costa County, on behalf of its Health Services Department’s Health, Housing, and Homeless Services Division in an amount not to exceed $400,000 and extending the agreement through June 30, 2023 to continue the Coordinated Referral and Engagement (CORE) program in Concord, and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;
Enter into an Interagency Agreement Contract Extension with Contra Costa County Health Services, Agreement No. 28-95, in an amount not to exceed $260,000 to continue the Concord Mental Health Evaluation Tem (MHET) that will work fulltime within Concord city limits, and authorize the City Manager to execute the agreement in a form acceptable to the City; Adopt Resolution No. 22-4735.5 entitled, “A Resolution Adopting the City of Concord’s Salary Schedule Effective July 11, 2022, in Accordance with the Requirements of California Public Employees Retirement System (CalPERS) for a Publicly Available Pay Schedule;” and Adopt Resolution No. 22-48 entitled, “A Resolution Establishing the Appropriation Limit for the City of Concord for Fiscal Year 2022-23 Pursuant to California Constitution Article XIII B.” The motion passed by unanimous vote of the Council.
CLOSED SESSION ANNOUNCEMENT
City Attorney Susanne Brown reported that on June 28, 2022, during a closed session agenda item entitled:
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
(Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code) Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case.
The City Council by a unanimous vote (Ayes: Aliano, Hoffmeister, Birsan, McGallian, Obringer; Nays: None) authorized the City Attorney to initiate an action. Please note that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the City’s ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.
CITY COUNCIL REPORTS
THE FORMATION OF A COUNCIL AD HOC COMMITTEE – Term Sheet Discussions between the City of Concord Local Reuse Authority (LRA) and Concord First Partners Mayor Aliano announced the formation of a Council Ad Hoc Committee consisting of Councilmember Birsan and Mayor Aliano to participate and assist in the term sheet discussions between the City of Concord Local Reuse Authority (LRA) and Concord First Partners, LLC (CFP) as the draft term sheet is prepared an ultimately presented to the City Council. The Committee will support staff and CPF in state and federal outreach taken to fulfill the goals and objectives of the term sheet, including identifying funding sources and objectives of the term sheet, including identifying funding sources. The ad-hoc will cease to exist on June 27, 2023, unless disbanded sooner.
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
City Council Minutes June 28, 2022
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest
CORRESPONDENCE
a. Letter to Senators Umberg and Eggman in support of Senate Bill 1338 Community Assistance, Recover, and Empowerment (CARE) Court Program dated June 9, 2022 b. Agenda Item No. 8.b – Approval of 10 Professional Services Agreements for the LRA – Benched Table 1
c. Agenda Item No. 8.h – Agreement with Contra Costa Animal Services – Benched Correspondence
d. Agenda Item No. 8.m – Citywide Traffic System Upgrade Project (Project No. 2493) – Benched Correspondence
e. Agenda Item No. 9.b – Unfunded Personnel Liabilities – PowerPoint Presentation f. Agenda Item No. 10.a – Capital Improvement Program Budget – PowerPoint Presentation g. Agenda Item No. 10.b – Amending FY 2022-23 Municipal Budget – PowerPoint Presentation
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 28, 2022, at 8:45 p.m. /s/
DOMINIC ALIANO
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK