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, DECEMBER 6, 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, December 6, 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; Patti Barsotti, City Treasurer; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Steve Voorhies, Director of Parks and Recreation; Mark Bustillos, Chief of Police; Will Tarbox, Director of Public Works; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Bruce Davis, Senior Civil Engineer; Tianjun Cao, Associate Civil Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Franklin; Mike Sponsler, Assembly Member Grayson’s Office; Alexia Lopez, Senator Glazer’s Office; Colleen Awad, Supervisor Mitchoff’s Office; Debra Ballinger, Monument Impact; Judith Ortiz, Monument Impact; Kristi Laughlin; Ken Carlson, Pleasant Hill City Council; Cora Mitchell, Melissa Rea, Greater Concord Chamber of Commerce; Wendy Hershey; D’Marco Anthony;
Natalie; Ady Olvera; Hope Johnson, Concord; Ajit Kaushal; Kenji Yamada
PUBLIC COMMENT PERIOD
Franklin spoke about the walk that was held on November 2, 2022, in memory of his cousin Timothy Charles Lee who was killed in 1985.
PRESENTATION
MAYOR’S COMMUNITY SERVICE AWARD – Jacqueline Smith
Mayor Aliano introduced Jacqueline Smith from Unity Center and presented her with the Mayor’s Community Service Award for her contributions and support of the community over the past year.
Following comments by the Council, Mayor Aliano opened a public comment period.
City Council Minutes December 6, 2022
2 Mike Sponsler, Assembly Member Grayson’s Office, presented a Certificate of Appreciation.
Mayor Aliano closed the public comment period.
CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/ CONCORD-PLEASANT HILL HEALTH CARE
DISTRICT (CPHHCD) CONSENT CALENDAR
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL CONSENT CALENDAR
APPROVAL OF MINUTES – September 27, October 4, 11, and 25, and November 1, 8, and 22, 2022 A motion was made by McGallian and seconded by Birsan to approve the minutes from the meetings on September 27, October 4, 11, and 25, and November 1, 8, and 22, 2022. The motion passed by unanimous vote of the Council.
THE TREASURER’S REPORT FOR THE PERIOD JULY 1 – SEPTEMBER 30, 2022 – City Treasurer Patti Barsotti
A motion was made by McGallian and seconded by Birsan to receive the Treasurer’s Report for the period July 1 – September 30, 2022. The motion passed by unanimous vote of the Council.
ADOPTION OF ORDINANCE NO. 22-13 – Amending the Concord Municipal Code Title 15 (Building and Building Regulations)
A motion was made by McGallian and seconded by Birsan to adopt Ordinance No. 22-13 entitled, “An Ordinance Amending Concord Municipal Code Title 15 (Buildings and Building Regulations) to Include the 2022 California Building Standards Code and the 2021 Uniform Swimming Pool, Spa and Hot Tub Code and Ratifying the Amendments to the 2022 California Fire Code Contained in the Contra Costa County Ordinance No. 2022-34.” Ordinance No. 22-13 was introduced on November 8, 2022, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – RRM Design Group (“RRM”) A motion was made by McGallian and seconded by Birsan to approve a Professional Services Agreement with RRM Design Group (“RRM”) to update the pre-approved Accessory Dwelling Units (ADUs) drawings in conformance with the 2022 California Building Standards Code in an amount not to exceed $22,500 for a one-year term, in a form approved by the City Attorney; and authorizing the City Manager to execute the agreement. The motion passed by unanimous vote of the Council.
AWARD OF CONSTRUCTION CONTRACT – Rosas Brothers Construction for Citywide Accessibility Improvements No. 9 (Project No. 2602)
A motion was made by McGallian and seconded by Birsan to award a Construction Contract in the amount of $253,362 to Rosas Brothers Construction for the Citywide Accessibility Improvements No. 9 (Project No. 2602) and authorizing staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and approving a related budget transfer of $23,000 from Citywide Accessibility Improvements No. 8 (Project No. 2519). The motion passed by unanimous vote of the Council.
City Council Minutes December 6, 2022
3 AWARD OF ON-CALL CONSTRUCTION CONTRACT – Kerex Engineering Inc. for On-Call Citywide Sidewalk Replacement Phase 3 (Project No. 2341)
A motion was made by McGallian and seconded by Birsan to award an On-Call Construction Contract for On-Call Citywide Sidewalk Replacement Phase 3 (Project No. 2341) to Kerex Engineering Inc. of Pleasant Hill for one year (with two one-year extensions possible) in the amount not to exceed $400,000 annually. The motion passed by unanimous vote of the Council.
APPROVAL OF A FACILITY USE AGREEMENT – Terrapins Swim Team A motion was made by McGallian and seconded by Birsan to approve a Facility Use Agreement with the Terrapins Swim Team covering the period of January 1, 2023, through December 31, 2027, 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. 22-69 APPROVING THE SUMMARY VACATION OF EXCESS RIGHT OF WAY ABUTTING THE EAST SIDE OF 2400 WILLOW PASS ROAD AND ADOPTION OF RESOLUTION NO. 22-70 DECLARING APPROXIMATELY 54 SQUARE FEET OF CITY PROPERTY
ABUTTING THE NORTHWEST EDGE OF THAT EXCESSIVE RIGHT OF WAY TO BE EXEMPT SUPRLUS LAND – The Argent Affordable Housing Project
A motion was made by McGallian and seconded by Birsan to:
1. Adopt Resolution No. 22-69 entitled, “A Resolution Approving the Summary Vacation of Excess Right of Way Abutting 2400 Willow Pass Road (APN 126-082-008)” pursuant to Section 8334 of the Streets and Highways Code;
2. Adopt Resolution No. 22-70 entitled, “A Resolution Declaring Approximately 54 Square Feet of City Property Located Between Willow Pass Road and 2400 Willow Pass Road, Concord CA (APN 126-082-008)) Acquired by the City as Part of that Grant Deed Recorded at Book 14549, Page 697, of the Contra Costa County Official Records, as Exempt Surplus Land;” and
3. Authorize the City Manager to execute a quitclaim deed prepared by the City Attorney transferring that approximately 54 square feet of excess surplus land to 2400 Willow Pass, L.P., a California limited partnership, upon (a) its acquisition of 2400 Willow Pass Road (APN 126-082-008), (b) execution of an offer of dedication to the City right of way at the corner of Willow Pass Road and Port Chicago Highway, and (c) payment to the City of the fair market price of $8,262, to facilitate the development of the Argent affordable housing project.
The motion passed by unanimous vote of the Council.
CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/ CONCORD-PLEASANT HILL HEALTH CARE
DISTRICT (CPHHCD) CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-68, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-46, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-038 – Continue Meetings Remotely, AB 361
A motion was made by McGallian and seconded by Birsan to adopt Resolution No. 22-68, Local Reuse Authority Resolution No. 22-46, and Concord/Pleasant Hill Health Care District Resolution No. 22- 038 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.
City Council Minutes December 6, 2022
4 CITY COUNCIL REORGANIZATION PROCEEDINGS
ADOPTION OF RESOLUTION NO. 22-71 – Declaring and Accepting the Results of the November 8, 2022, General Municipal Election
City Clerk Joelle Fockler presented the results of the November 8, 2022, General Municipal Election.
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 adopt Resolution No. 22-71 entitled, “A Resolution Declaring and Accepting the Results of the November 8, 2022, General Municipal Election for the City of Concord.“ The motion passed by unanimous vote of the Council.
RECOGNITION OF AND COMMENTS BY OUTGOING COUNCILMEMBER – Timothy A. McGallian Mayor Aliano opened a public comment period.
Alexia Lopez, Senator Glazer’s Office, thanked Councilmember McGallian for his service and presented Councilmember McGallian a California Senate Resolution and Mayor Aliano a certificate of recognition.
Colleen Awad, Supervisor Mitchoff’s Office, thanked Councilmember McGallian for his service and presented him a certificate of recognition.
Mike Sponsler, Assembly Member Grayson’s Office, thanked Councilmember McGallian for his service and presented him a certificate of recognition.
City Treasurer Patti Barsotti thanked Councilmember McGallian for his service and for being a resource for her.
Mayor Aliano closed the public comment period.
Following comments by the Council, Councilmember McGallian made comments regarding his tenure on the Concord City Council, thanked his colleagues and family, and shared his accomplishments during his time served on the City Council.
COMMENTS ON HIS YEAR AS MAYOR – Mayor Dominic Aliano
Mayor Aliano opened a public comment period.
Mike Sponsler, Assembly Member Grayson’s Office, presented Mayor Aliano a congratulatory certificate on his term as Mayor.
Franklin congratulated the Council and requested justice for his cousin.
The following people thanked Mayor Aliano for his year of service:
Debra Ballinger and Judith Ortiz, Monument Impact
Kristi Laughlin
Ken Carlson, Pleasant Hill City Council
Mayor Aliano closed the public comment period.
City Council Minutes December 6, 2022
5 Following comments by the Council, Mayor Aliano made comments regarding his year as Mayor, thanked his colleagues and family, and shared his accomplishments over the past year.
OATH OF OFFICE – Councilmembers-elect Aliano, Hoffmeister, and Nakamura and City Treasurer-elect Edith “Patti” Barsotti
City Clerk Joelle Fockler administered the Oath of Office to Laura Hoffmeister, Councilmember, District 1, Dominic Aliano, Councilmember, District 3; Laura Nakamura, Councilmember, District 5; and Patti Barsotti, City Treasurer.
Mayor Aliano opened a public comment period. The following people spoke in recognition of those receiving their Oath of Office:
Cora Mitchell
Melissa Rea, Greater Concord Chamber of Commerce
Wendy Hershey
D’Marco Anthony
Natalie
Franklin
Ady Olvera
Hope Johnson, Concord
Ajit Kaushal
Kenji Yamada
COMMENTS – Councilmembers-elect and City Treasurer-elect Councilmembers and City Treasurer each made comments, thanking their colleagues, staff, and families for support.
ADOPTION OF RESOLUTION NO. 22-72 – Confirming and Designating the Mayor A motion was made by Aliano and seconded by Birsan to nominate Vice Mayor Laura Hoffmeister as Mayor of the City of Concord and adopt Resolution No. 22-72 entitled, “A Resolution Designating Laura M. Hoffmeister as Mayor of the City of Concord.“
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.
The motion passed by unanimous vote of the Council.
Mayor Aliano turned the meeting over to the newly appointed Mayor Hoffmeister.
ADOPTION OF RESOLUTION NO. 22-73 – Confirming and Designating the Vice Mayor A motion was made by Hoffmeister and seconded by Obringer to nominate Councilmember Edi Birsan as Vice Mayor of the City of Concord and adopt Resolution No. 22-73 entitled, “A Resolution Designating Edi E. Birsan as Vice Mayor of the City of Concord.” Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
The motion passed by unanimous vote of the Council.
City Council Minutes December 6, 2022
6 CONFIRMATION OF LOCAL REUSE AUTHORITY REORGANIZATION
A motion was made by Aliano and seconded by Birsan confirming the designation of Mayor Hoffmeister and Vice Mayor Birsan to serve as the Chair and Vice Chair of the Local Reuse Authority for the Concord Naval Weapons Station Reuse Plan respectively, as authorized by Resolution No. 06-01, adopted January 10, 2006.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 4.g – Terrapins Swim Team Agreement – Benched Correspondence c. Agenda Item No. 5.a – Election Results – Benched Staff Report and Resolution d. Agenda Item No. 5.a – Election Results – PowerPoint Presentation
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on December 6, 2022, at 8:17 p.m. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK