1 REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, OCTOBER 11, 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, October 11, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember McGallian. 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; Stefanie Ananthan, Senior Administrative Analyst; Greg Taylor, Director of Information Technology; Will Tarbox, Director of Public Works; Mark Bustillos, Chief of Police; Kevin Marstall, Director of Community Development; Craig Blythe,
Administrative Services Manager; James Nakayama, Police Captain; Brenda Kain, Housing Manager; Carlton Thompson, City Engineer; Sophia Huckabay, Housing Program Analyst; Bernard Enrile, CIP Manager; Kevin Wheat, Associate Civil Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Henry Symons, BART; Frank Sterling; Anonymous
PUBLIC COMMENT PERIOD
Henry Symons, BART, spoke of upcoming BART shutdowns.
Frank Sterling announced a walk from Todos Santos Plaza to the Downtown BART Station to be held on November 2, 2022, in memory of his cousin Timothy Lee who was killed in 1985.
Anonymous stated that her attacker was arrested and the police weren’t willing to work with her.
PRESENTATIONS
4TH OF JULY PARADE WINNERS 2022
Mayor Aliano introduced the Concord 4th of July Committee, consisting of Councilmembers McGallian and Obringer, who presented recognition certificates to the supporters and sponsors of the 4th of July activities.
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
City Council Minutes October 11, 2022
2 FAMILY JUSTICE CENTER
Mayor Aliano introduced Natalie Oleas, Central Center Director and Susun Kim, Executive Director from the Family Justice Center, who provided an overview and update on the Family Justice Center.
Mayor Aliano opened a public comment period.
Anonymous stated that the police department should tell everyone about Family Justice Center services and spoke of eye movement desensitization and reprocessing therapy.
Mayor Aliano closed the public comment period.
CITY COUNCIL CONSENT CALENDAR
APPROVAL OF MINUTUES – June 21 and August 9, 2022
A motion was made by Hoffmeister and seconded by Birsan to approve the minutes from the meetings on June 21 and August 9, 2022. The motion passed by unanimous vote of the Council.
ACCEPTANCE OF IMPROVEMENTS – Pavement Maintenance Zone 3 (Project No. 2443) A motion was made by Hoffmeister and seconded by Birsan to accept improvements for the Pavement Maintenance Zone 3 Project (Project No. 2443) located in the neighborhood surrounding Woodside Elementary school, including residential streets Barrymore Drive, McKean Drive, San Simeon Drive, and Citrus Avenue; and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.
AWARD OF CONTRACT – Universal Building Services and Supply, Co.
A motion was made by Hoffmeister and seconded by BIrsan to award a three-year contract for janitorial services not to exceed the amount of $535,000 per year to Universal Building Services and Supply, Co. with the option to extend the contract for two (2) additional one (1) year periods, authorizing staff to increase the annual amount no more than three-percent each fiscal year thereafter; and authorize the City Manager to execute a contract in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
APPROVAL OF A LICENSE AGREEMENT – RMG Housing
A motion was made by Hoffmeister and seconded by Birsan to approve a License Agreement with RMG Housing for a fee of $5,800 per month to allow temporary use of the City-owned site at 1765 Galindo Street as a construction yard for the storage, staging, and mobilization of modular units for building construction at 1335 Galindo Street for the period between February 1, 2023 to April 30, 2023 (APN: 126-143-012); 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.
ADOPTION OF ORDINANCE NO. 22-10 – Authentic Concord, LLC (dba “Stiiizy”) A motion was made by Hoffmeister and seconded by Birsan to adopt 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 (PL21153 – AA, ME, DR, DA).“ Ordinance No. 22-10 was introduced on September 27, 2022, by reading of the title only and waiving further reading.
The motion passed by unanimous vote of the Council.
City Council Minutes October 11, 2022
3 ADOPTION OF ORDINANCE NO. 22-11 – Repealing Urgency Ordinance No. 20-5 A motion was made by Hoffmeister and seconded by Birsan to adopt 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.” Ordinance No. 22-11 was introduced on September 27, 2022, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEMS
APPROVAL OF SELECTED ARTWORK – Phase III of the Utility Box Artwork Program Assistant City Manager Justin Ezell introduced Catherine Hensiek, Concord Art Association, who reviewed the selection criteria and process for the artwork for Phase III of the Utility Box Artwork Program.
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 Birsan and seconded by Obringer to approve the selected artwork for Phase III of the Utility Box Artwork Program; and authorize the City Manager to execute the artist agreements in a form approved by the City Attorney. The motion passed by unanimous vote of the Council.
Mayor Aliano recessed the meeting at 7:54 p.m. The meeting resumed at 8:05 p.m.
PLANNING COMMISSION RECRUITMENT PROCESS
City Clerk Joelle Fockler presented the staff report, provided background, and explained the eligibility criteria and written application process for Planning Commission recruitments.
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 Birsan and seconded by Aliano directing staff to make changes to the eligibility criteria and written application for Planning Commission recruitments as presented. The motion failed by the following vote of the Council:
AYES: Birsan, Aliano NOES: Hoffmeister, McGallian, Obringer A motion was made by McGallian and seconded by Obringer directing staff to add the following interview questions specific to incumbents:
1. If you were in the minority on any vote on an issue before the Planning Commission, please describe the point of disagreement in the case.
2. If you were in the majority on any vote on an issue before the Planning Commission, please describe the point that the other side disagreed with.
The motion passed by unanimous vote of the Council.
City Council Minutes October 11, 2022
4 CITY COUNCIL PUBLIC HEARING
ADOPTION OF RESOLUTION NO. 22-65 – Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) related to The Argent
Housing Program Analyst Sophia Huckabay presented the staff report, provided background, and then introduced Ross Ferrera, Meta Housing, and Anthony Stubbs, CMFA, who continued the presentation and explained the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) in relation to The Argent, an entitled affordable multifamily rental housing project located at 2400 Willow Pass Road.
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 Hoffmeister and seconded by Obringer to adopt Resolution No. 22-65 entitled, “Resolution Pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 Approving the Issuance of the California Municipal Finance Authority Multifamily Housing Revenue Bonds in an Aggregate Principal Amount not to exceed $85,000,000 for the Purpose of Financing or Refinancing the Acquisition, Construction, Improvement and Equipping of the Argent, an Entitled Affordable Multifamily Rental Housing Project with a Site Location of 2400 Willow Pass Road, Concord, California, and Certain Other Matters Relating Thereto.” The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 3.b – Family Justice Center – PowerPoint Presentation c. Agenda Item No. 5.a – Utility Box Artwork Program – PowerPoint Presentation d. Agenda Item No. 5.b – Planning Commission Application Criteria – Benched Correspondence e. Agenda Item No. 5.b – Planning Commission Application Criteria – PowerPoint Presentation f. Agenda Item No. 6.a – The Argent – 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.
AD HOC COMMITTEE UPDATE – Extension of the ARPA Ad Hoc Committee’s scope and term Mayor Aliano reported on the extension of the ARPA Ad Hoc Committee’s scope and term for the purpose of making recommendations to Council on nonprofit grant awards; the Committee will continue to exist only until $7 million of grant award recommendations are made to the full Council.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on October 11, 2022, at 9:10 p.m. /s/
DOMINIC ALIANO
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK