1 REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, SEPTEMBER 27, 2022
The Concord City Council met in a regular meeting in the City Council Conference Room, 1950 Parkside Drive, Concord, California, at 5:30 p.m. on Tuesday, September 27, 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 LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore, Employee organizations: Peace Officer Representation Unit of Concord Police Officers Association; and Police Managerial Representation Unit of Police Managers’ Association.
The meeting recessed at 6:25 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, September 27, 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: 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; Kevin Marstall, Director of Community Development; William Tarbox, Director of Public Works; Mark Bustillos, Chief of Police; Karan Reid, Director of Finance; James Nakayama, Police Captain; Kevin Halm, Provisional Police Lieutenant; Ollie Sansen, Police Sergeant; Bruce Davis, Acting City Engineer; Lorna Villa, Associate Planner; Marie Suvansin, Economic Development Manager; Robert Carrera, Economic Development Specialist; Tianjun Cao, Associate Civil Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Susan Requa; D’Marco Anthony; Karla Guerra; Anonymous; Ady; Sylvia Amorino Gonzalez, Concord; Alicia Arman, Oakland; Jan Lee Marshall, Concord; Laura Nakamura, Concord; Quinne Anderson, Concord; Bemu Chhabra, Concord; Edith Guillen, Monument Impact; Sandi Velazquez, Monument Impact
Maria Miranda, Concord; Samira Saboor, Concord; Debra
Ballinger, Monument Impact; Victor Tiglao, Concord, Paul Wood, Concord
City Council Minutes September 27, 2022
2 PUBLIC COMMENT PERIOD
Susan Requa spoke in opposition to Seeno Development.
D’Marco Anthony spoke in opposition to Tesla, Amazon, Bill Gates, and Seeno.
Karla Guerra thanked the Council for its support of the Latino Festival.
Anonymous spoke of a serial rapist in Concord.
PRESENTATION
POLICE DEPARTMENT’S USE OF UNMANNED AIRCRAFT SYSTEMS
Mayor Aliano introduced Sergeant Ollie Sansen and Lieutenant Kevin Helm who gave a presentation on the Police Department’s use of Unmanned Aircraft Systems (UAS/drones).
Following questions from the City Council, Mayor Aliano opened a public comment period.
D’Marco Anthony spoke of the need for a GARE assessment on the use of UAS and in opposition to the use of UAS.
Ady questioned the cost of the drones.
Anonymous stated that the statistics are manipulated.
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.
ADOPTION OF RESOLUTION NO. 22-61 – Accepting and appropriating grant funding from the California Office of Traffic Safety (OTS)
A motion was made by Obringer and seconded by Hoffmeister to adopt Resolution No. 22-61 entitled, “A Resolution Accepting and Appropriating Grant Funding from the California Office of Traffic Safety (OTS) in the Amount of $175,000 for the City’s Selective Traffic Enforcement Program.” The motion passed by unanimous vote of the Council.
APPROVAL OF A SERVICES AGREEMENT – Peregrine Technologies A motion was made by Obringer and seconded by Hoffmeister to approve a 24-month Services Agreement with Peregrine Technologies for data integration services and electronic court case filing, with the option to renew for one additional 24-month term, in a total amount not to exceed $1,099,400 over four years, including a 15% contingency, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 22-62 – Accepting the Fiscal Year 2021/22 Consolidated Annual Performance and Evaluation Report (CAPER)
A motion was made by Obringer and seconded by Hoffmeister to adopt Resolution No. 22-62 entitled, “A Resolution Accepting the FY2021/22 Consolidated Annual Performance and Evaluation Report (CAPER) and Authorizing the City Manager or Designee to Submit, on Behalf of the City of Concord, the CAPER, Consistent with the Program Rules which Govern the Community Development City Council Minutes September 27, 2022
3 Block Grant (CDBG) Program as required by the U.S. Department of Housing and Urban Development (HUD).” The motion passed by unanimous vote of the Council.
APPROVAL OF A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT – Gary D.
Nelson Associates, Inc.
A motion was made by Obringer and seconded by Hoffmeister to approve the First Amendment to the Professional Services Agreement with Gary D. Nelson Associates, Inc. for administrative staff services in the City Clerk’s Division in the amount of $60,000 for a not to exceed amount of $80,000 and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS – Affordable Housing and Sustainable Communities (AHSC) Program Grant Funds for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Project No. 2424)
A motion was made by Obringer and seconded by Hoffmeister to accept and appropriate $3,800,000 of AHSC Program Grant Funds from the California Strategic Growth Council (SGC) for the Downtown Corridors Bicycle and Pedestrian Improvements Project (Project No. 2424); and authorize the City Manager to sign documents as necessary or desirable pertaining to the grant, subject to City Attorney approval. The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEMS
RECOMMENDATIONS FROM THE COUNCIL AD HOC COMMITTEE – American Rescue Plan Act Investment Plan
Assistant City Manager Justin Ezell presented the recommendations from the Council Ad Hoc Committee for the American Rescue Plan Act Investment Plan including Ad Hoc recommended spending categories:
City Projects, Public Safety, and Special Events
Support for Nonprofit Organizations
Support for the Unhoused
Support for Small Businesses
Mr. Ezell provided the staff-recommended next steps including:
1. Agendize extension of the ARPA Ad Hoc
2. Develop list of projects/programs totaling $6.5 million
3. Agendize $500,000 special events for HED (after New Year)
4. Budget residual funds for special events if and when available
5. Open $7 million non-profit grant program on September 30
6. Work with HED on allocation of $5.4 million for unhoused
7. Work with Chamber on $2 million small business grant program Assistant City Manager Ezell requested direction to staff on next steps with the following allocations:
City Projects, Public Safety, and Special Events ($7 million) Support for Nonprofit Organizations ($7 million)
Support for the Unhoused ($3 million)
Support for Small Businesses ($2 million)
Following questions from the City Council, Mayor Aliano opened a public comment period.
The following people spoke in support of a line item for funding for the Arts:
City Council Minutes September 27, 2022
4 Sylvia Amorino Gonzalez, Concord
Alicia Arman, Oakland
Jan Lee Marshall, Concord
Laura Nakamura, Concord
Quinne Anderson, Concord
Bemu Chhabra, Concord, spoke in support of funding for family childcare centers.
The following people spoke in support of funding for Monument Impact:
Edith Guillen, Monument Impact
Sandi Velazquez, Monument Impact
Maria Miranda, Concord
Samira Saboor, Concord
Debra Ballinger, Monument Impact, spoke of the need for small business grants and in support of a line item for the Arts.
Victor Tiglao, Concord, spoke of funding the Treat Boulevard Pavement Rehabilitation Project with ARPA funding.
D’Marco Anthony, Concord, stated concern over the City working with the Chamber of Commerce.
Susan Requa stated concern for equity.
Ady stated that funding should go to renters, the unhoused, and small businesses.
Mayor Aliano closed the public comment period and recessed the meeting at 8:34 p.m. The meeting resumed at 8:45 p.m.
Following discussion by the Council, staff was directed to allocate $19 million of American Rescue Plan Act (ARPA) funds as follows: $7 million for City projects including infrastructure, public safety, and special events; $7 million to be distributed through grants to nonprofit organizations for housing and non-housing projects; $3 million to be combined with the previously allocated funds ($2.4 million) for providing support to the unhoused; and $2 million to be distributed through grants to small businesses including licensed Family Child Care Homes and certain home-based businesses involving landscaping/gardening and housekeeping services.
It was the consensus of the Council that the ARPA Ad Hoc Committee, consisting of Mayor Aliano and Vice Mayor Hoffmeister, review and rank applications for the $7 million nonprofit grants; and provide the award recommendations to the full Council.
APPOINTMENT TO THE PLANNING COMMISSION
City Clerk Joelle Fockler presented the staff report, explaining that the Council was being requested to appoint a member to the Planning Commission for a term ending February 28, 2023, by ballot vote.
Mayor Aliano opened a public comment period.
The following individuals spoke in favor of candidate Paul Wood:
City Council Minutes September 27, 2022
5 Ady
Paul Wood
Laura Nakamura
Following a ballot vote, a motion was made by Hoffmeister and seconded by Birsan to approve the appointment of Aeysha Corio to fill an unscheduled vacancy for a term ending February 28, 2023, on the Planning Commission. The motion passed by unanimous vote of the Council.
A motion was made by Birsan and seconded by Obringer to continue the meeting past 10 p.m. to consider the public hearings and remaining items on the agenda. The motion passed by unanimous vote of the Council.
CITY COUNCIL PUBLIC HEARINGS
ADOPTION OF RESOLUTION NO. 22-63 APPROVING AN ADMINISTRATIVE PERMIT, MINOR EXCEPTION, AND DESIGN AND SITE REVIEW AND INTRODUCTION OF ORDINANCE NO. 22-10 APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT – Authentic Concord (dba “Stiiizy”) at 1045 Galaxy Way
Associate Planner Lorna Villa presented the staff report, explaining that the City Council was being requested to consider an Administrative Permit, Minor Exception, and Design and Site Review, and introduction of an ordinance for a Development Agreement with Authentic Concord (dba “Stiiizy”) to develop a cannabis storefront and delivery retail business at 1045 Galaxy Way, by reading of the title only and waiving further reading.
Sirus Pai, Shryne Group, Inc. presented on behalf of the applicant.
Following questions from the City Council, Mayor Aliano opened a public comment period.
Ady spoke in opposition to the location.
Mayor Aliano closed the public comment period.
A motion was made by Birsan and seconded by Hoffmeister to adopt Resolution No. 22-63 entitled, “A Resolution Approving an Administrative Permit, Minor Exception, and, Design and Site Review, for a Cannabis Storefront and Delivery Retail Business at 1045 Galaxy Way, APN: 126-325-004 (PL21153 – AA, ME, DR, DA). Authentic Concord, LLC (dba “Stiiizy”).” The motion passed by unanimous vote of the Council.
A motion was made by Birsan and seconded by Hoffmeister to introduce Ordinance No. 22-10 entitled, “An Ordinance Approving and Adopting a Development Agreement by and between the City of Concord and Authentic Concord, LLC (DBA “Stiiizy”), Regarding the Development of Property located at 1045 Galaxy Way, Assessor’s Parcel Number: 126-325-004” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
INTRODUCTION OF ORDINANCE NO. 22-11 – Repeal Urgency Ordinance No. 20-5 Economic Development Specialist Robert Carrera reported that the Council was being requested to introduce an ordinance repealing Urgency Ordinance No. 20-5 and terminating the Temporary Master License Program for new or expanded outdoor operations and the Fee Waiver Program for permanent outdoor dining operations by reading of the title only and waiving further reading.
Following questions from the City Council, Mayor Aliano opened a public comment period, and upon receiving no comment, closed the public comment period.
City Council Minutes September 27, 2022
6 A motion was made by Birsan and seconded by Obringer to introduce Ordinance No. 22-11 entitled, “An Ordinance Repealing Urgency Ordinance No. 20-5, which approved the Concord Forward Action Plan (Plan) and authorized Temporary Waiver/Suspension of Enforcement of certain Concord Municipal Code Provisions and temporarily waived certain fees in the Master Fees and Charges Schedule in order to support implementation of the Plan and facilitate business operations impacted by Novel Coronavirus“ by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Agenda Item No. 5.a – Written Public Comment
b. Agenda Item No. 6.a – Unmanned Aircraft Systems – PowerPoint Presentation c. Agenda Item No. 8.a – American Rescue Plan Act Investment Plan – Benched Correspondence d. Agenda Item No. 8.a – American Rescue Plan Act Investment Plan – PowerPoint Presentation e. Agenda Item No. 8.a – American Rescue Plan Act Investment Plan – Letter to Council from Monument Impact, dated September 27, 2022
f. Agenda Item No. 9.a – Authentic Concord (dba “Stiiizy”) – PowerPoint Presentation g. Agenda Item No. 9.b – Repeal Urgency Ordinance No. 20-5 – PowerPoint Presentation
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 September 27, 2022, at 10:37 p.m. /s/
DOMINIC ALIANO
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK