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 13, 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 13, 2022, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Nakamura.
Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
STAFF PRESENT: Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Mark Bustillos, Chief of Police; Karan Reid, Director of Finance; Jasmin Loi, Director of Human Resources; James Nakayama, Police Captain; Carlton
Thompson, City Engineer; Bruce Davis, Senior Civil Engineer; Leng Power, Community Services Manager; Craig Blythe,
Administrative Services Manager; Bernard Enrile, CIP Manager; Justine Gee, Associate Civil Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Susan Requa, Concord; Jose Navarro, Concord; Antonio Avila Garcia, Concord; D’Marco Anthony; Mark Hagan, Leaven Kids; Emily Gaines, Concord; Judith Herman, Concord; Hope
Johnson, Concord; Natalie
PUBLIC COMMENT PERIOD
Susan Requa, Concord, spoke in opposition to Concord First Partners as the Master Developer of the former Concord Naval Weapons Station project.
Jose Navarro, Concord, requested assistance from the City after receiving a 60-day eviction notice due to renovations at his apartment complex.
Antonio Avila Garcia, Concord, requested assistance from the City after receiving a 60-day eviction notice due to renovations at his apartment complex.
D’Marco Anthony spoke in opposition to Concord First Partners as the Master Developer of the former Concord Naval Weapons Station project.
City Council Minutes December 13, 2022
2 ANNOUNCEMENT
RECRUITMENT FOR OPENINGS ON CITY BOARDS AND COMMISSIONS – Concord’s Bicycle and Pedestrian Advisory Committee; Commission on Aging; Community Services Commission; Concord Pavilion Community Outreach Committee; Design Review Board; Parks, Recreation and Open Space Commission; and Planning Commission
City Clerk Joelle Fockler announced openings on Concord's Bicycle and Pedestrian Advisory Committee; Commission on Aging; Community Services Commission; Concord Pavilion Community Outreach Committee; Design Review Board; Parks, Recreation and Open Space Commission; and Planning Commission; and setting a deadline of Friday, January 20, 2023, at 5 p.m. for applications to be due to the City Clerk.
Mayor Hoffmeister 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
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL CONSENT CALENDAR
APPROVAL OF THE 2023 CITY COUNCIL MEETING COUNCIL
This item was removed from consideration on the Consent Calendar by Councilmember Obringer who asked if it would be beneficial for the City Council to recess in August instead of July.
Following questions from the Council, Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
Following discussion by the Council, direction was given to poll staff regarding their preference of a July or August break, to research meeting start times, and to bring the information back to Council for consideration of the 2023 City Council Meeting Calendar at a future meeting.
AUTHORIZATION TO PURCHASE – Three Ford Super Duty F-250 Trucks A motion was made by Aliano and seconded by Obringer to authorize the purchase of three new Ford Super Duty F-250 trucks in the amount not to exceed $200,000 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 RESOLUTION NO. 22-74 – Supporting Efforts to Exonerate the Port Chicago 50 This item was removed from consideration on the Consent Calendar by Councilmember Obringer, who spoke of the efforts to exonerate the 50 sailors and thanked her colleagues for support.
Following comments from the City Council, Mayor Hoffmeister 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 Birsan to adopt Resolution No. 22-74 entitled, “A Resolution Supporting the Local, State, and Federal Efforts to Exonerate the Port Chicago 50.” The motion passed by unanimous vote of the Council.
City Council Minutes December 13, 2022
3 APPROVAL OF FIVE MASTER SERVICES AGREEMENTS – On-Call Planning Services A motion was made by Aliano and seconded by Obringer to approve five Master Services Agreements, each in the not-to-exceed amount of $500,000 over an up-to-five year term, for on-call consultant services for the Planning Division, and authorize the City Manager to execute the agreements in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
APPROVAL OF AMENDMENTS EXTENDING COMMUNITY DEVELOPMENT BLOCK GRANT – CORONAVIRUS (CDBG-CV) AGREEMENTS – Shelter, Inc. and ECHO Housing A motion was made by Aliano and seconded by Obringer to approve amendments extending the Community Development Block Grant – Coronavirus (CDBG-CV) agreements with Shelter, Inc. and ECHO Housing from December 31, 2022, to June 30, 2023, without change to the agreement amounts, and authorize the City Manager to execute such amendments subject to City Attorney approval. The motion passed by unanimous vote of the Council.
APPROVAL OF TASK ORDER NO. 1 – LCC Engineering & Surveying, Inc.
A motion was made by Aliano and seconded by Obringer to approve Task Order No. 1 with LCC Engineering & Surveying, Inc. (LCC) of Martinez, California, in the not-to-exceed amount of $168,718 (base agreement of $153,380 plus staff authority to spend up to a 10% contingency of $15,338) to provide design and related services for Pavement Maintenance – Zone 3N (Project No. 2623), 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 RESOLUTION NO. 22-75 – Finding that there Remains a Reasonable Relationship between Current Needs for the Offsite Street Improvement Program (OSIP), Art in Public Places, and Master Storm Drain Fees and the Purposes for which they were Originally Charged A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 22-75 entitled, “A Resolution Finding that there Remains a Reasonable Relationship between Current Needs for the Offsite Street Improvement Program (OSIP), Art in Public Places, and Master Storm Drain Fees, and the Purposes for which they were Originally Charged (Government Code Section 66000 et seq.).” The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 22-4735.7- Police Officers Association MOU and RESOLUTION NO. 22-4735.8 – Police Management Association MOU for the period January 1, 2023 – June 30, 2026 This item was pulled from consideration on the Consent Calendar by Concord resident D’Marco Anthony, who submitted an email with questions about the agreements.
Mayor Hoffmeister opened a public comment period.
Mark Hagan, Leaven Kids, spoke in support of the Memorandums of Understanding.
Mayor Hoffmeister closed the public comment period.
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 22-4735.7 entitled, “A Resolution Approving the Negotiated Terms and Authorizing the City Manager to Execute a Three-and-a-Half-Year Memorandum of Understanding between the City of Concord and the Concord Police Association for the period January 1, 2023, through June 30, 2026; and Approving an Appropriation of $675,100 from General Fund Balance in Fiscal Year 2022-23 to Implement the Terms of the Memorandum of Understanding” and adopt Resolution No. 22-4735.8 entitled, “A Resolution Approving the Negotiated Terms and Authorizing the City Manager to Execute a Three-and-a-Half-Year Memorandum of Understanding between the City of Concord and the Concord Police Managers’ Representation Unit for the Period January 1, 2023, through June 30, 2026; and Approving an City Council Minutes December 13, 2022
4 Appropriation of $43,600 from General Fund balance for FY2022-23 to Implement the Terms of the Memorandum of Understanding.” 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. 22-76, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-47, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-039 – Continue Meetings Remotely, AB 361
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 22-76, Local Reuse Authority Resolution No. 22-47, and Concord/Pleasant Hill Health Care District Resolution No. 22- 039 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 CONSIDERATION ITEMS
ADOPTION OF RESOLUTION NO. 22-77– Establishing a Working Group for the Homeless Strategic Plan; CALLING FOR RECRUITMENT – to fill five positions; SELECTING SPECIAL MEETING DATE – January 17 or 25; SELECT TWO COUNCILMEMBERS – to serve on the Working Group Assistant City Manager Justin Ezell presented the staff report, explaining that the Council was being requested to adopt a Resolution forming a seven member Working Group to advise staff, the consultant team, and the Council on the development of the Homeless Strategic Plan and reviewed the Housing and Economic Development Committee’s (McGallian/Aliano) recommended approach for membership and selection of Working Group members. Mr. Ezell reported that the Council was being asked to consider and provide direction on the following:
1. Composition of the Working Group
2. Announce a recruitment to fill five positions
3. Select January 17 or 25, 2023, as a special meeting date to:
Conduct interviews and make Working Group Appointments; and Select two Councilmembers to serve on the Working Group and assign one as Chair and one as Vice Chair
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
Emily Gaines, Concord, requested that the Working Group timeline be shortened, priority given to a Concord resident for the Business Member representative, and appoint Councilmember Nakamura and Vice Mayor Birsan to the Working Group.
Judith Herman, Concord, requested that the Business Member representative be a Concord resident.
Hope Johnson, Concord, requested that the Council appoint members to create a well-rounded committee.
Natalie supported the appointment of Councilmember Nakamura to the Working Group and recommended that the Business Member be a Concord business owner that regularly interacts with unhoused residents.
Mayor Hoffmeister closed the public comment period.
City Council Minutes December 13, 2022
5 Following comments from the City Council, a motion was made by Birsan and seconded by Aliano to adopt Resolution No. 22-77 entitled, “A Resolution Establishing a Homeless Strategic Plan Working Group” with the following amendments:
1.1.1 One representative that is a substance abuse professional.
1.1.2 One representative that is a mental health professional.
1.1.8 One representative that is a veteran homeless services provider.
1.2Member Alternates: Members may designate an alternate in the event they cannot attend a meeting. However, alternates must be a member of the agency or an expert in the subject matter represented by the primary member and be of sufficient expertise and qualification to participate fully in the meeting discussion. A member may designate one alternate.
Members and their alternates are responsible for fully sharing information and communicating Working Group discussions with each other. If a member cannot attend a scheduled meeting, they shall make every effort to notify staff thereof and arrange for their designated alternate to attend in their place.
The motion passed by unanimous vote of the Council.
A motion was made by Aliano and seconded by Birsan to open a recruitment to fill seven positions on the Homeless Strategic Plan Working Group and set a deadline of Tuesday, January 3, 2023, at 5 p.m. for applications to be due to the City Clerk. The motion passed by unanimous vote of the Council.
Staff was directed to schedule a special meeting to conduct interviews and make Working Group appointments, select two Councilmembers to serve on the Working Group, and assign one as Chair and one as Vice Chair, with the preference for the meeting to be held on January 17, 2023.
ADOPT RESOLUTION NO. 22-78 – Intent to Participate in the Green Empowerment Zone Mike Sponsler, Assembly Member Grayson’s Office, presented the report, explaining that California State Assembly Member Tim Grayson authored AB 844, signed into law on September 28, 2021, creating a Green Empowerment Zone for the Northern Waterfront area of Contra Costa County. Mr.
Sponsler reported that if the City wishes to participate in the Green Empowerment Zone, it must adopt a resolution stating its intent, and appointment of a Councilmember to serve a two-year term on the board of directors must occur.
Following questions from the City Council, Mayor Hoffmeister 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 Aliano to adopt Resolution No. 22-78 entitled, “A Resolution Stating the City of Concord’s Intent to Participate in the Green Empowerment Zone.” The motion passed by unanimous vote of the Council.
Mayor Hoffmeister stated that the appointment of a Councilmember to serve a two-year term on the Green Empowerment Zone Board of Directors will occur in January when the other Councilmember appointments are made.
Staff was directed to prepare a white paper on MCE energy options and timelines.
CORRESPONDENCE
a. Written Public Comment, Agenda Item No. 2A
b. Benched Correspondence, Agenda Item No. 4H, POA and PMA MOUs c. PowerPoint, Agenda Item No. 5A, Working Group for the Homeless Strategic Plan City Council Minutes December 13, 2022
6 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 December 13, 2022, at 8:28 p.m. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK