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, JANUARY 10, 2023
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, January 10, 2023, with Mayor Hoffmeister 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: Dominic Aliano, Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
STAFF PRESENT: Valerie Barone, City Manager; Thomas Capriola, Senior Assistant 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; James Nakayama, Police Captain; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Deyuanne Lei, Associate Civil Engineer; Tianjun Cao, Associate Civil Engineer; Justin Bosch, Associate Civil Engineer; Mindy Gentry, Planning Manager; Aaron Sage, Principal Planner; Joan Ryan, Principal Planner; Robert Carrera, Economic Development Specialist
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Eric Haynes, Concord; Judith Herman; Hope Johnson, Concord; D’Marco Anthony; Erik Owens, Concord; David Pitman, Concord; Ekroop Kaur, Courage Youth Health Coalition; Christian Aguirre, Rainbow Community Center; Anahi Nava, Mt. Diablo High
School; Chepa Cubias, Concord; David Litty, Concord; Camille Cummings, AATCLC; Rod Lew, Pleasant Hill; Jimmy Ancira, LGBTQ minus tobacco; Amaya Wooding, LGBTQ minus
tobacco; Brian Davis, LGBTQ minus tobacco; Jen Grand-Lejano, American Cancer Society Cancer Action Network; Mayra Lopez, Contra Costa Public Health Department; Ashley Alcala, Mt.
Diablo High School; Blythe Young, American Heart Association; Debra Ballinger, Monument Impact; Ananya Pinnamaneni; Ady Olvera; Natalie; Azi Carter, Pittsburg; Ali Wohlgemuth, Bay Area Community Resources; Nardos Darkera, Monument Youth Drug and Alcohol Coalition; Cherise Khaund, MDUSD School Board; Bob Gordon, Contra Costa County Tobacco Coalition; Alaina, Mt. Diablo Social Justice Club; Sandi Velasquez, Monument Impact; Vanessa Chena, Monument Impact; Cecilia Ochoa,
Concord; Rev. Millie Phillips, Faith Alliance for a Moral Economy; Kristi Laughlin, Raise the Roof Coalition; Mariana Moore; Alex City Council Minutes January 10, 2023
2 Werth, EBASE; Kevin Burke; Debra Ballinger, EBHO, Aaron Tiedemann, EBHO; Erika Flores; Betty Gabaldon; Jennifer Morales, Monument Impact; Deena Levine, Jewish Family in Community Services East Bay; Cora Mitchell, Concord; Judith Ortiz, Monument Impact; Kent Green; Hope Johnson; Heather Peters; Emily Gaines
PUBLIC COMMENT PERIOD
Eric Haynes, Concord, spoke in support of the Concord First Partners, LLC draft Term Sheet from the City Council meeting held on Saturday, January 7, 2023. He also said the operation of Airbnb in Concord is still an issue because it impacts the ability of people to benefit from living in homes that are being operated as an Airbnb rental.
Judith Herman spoke in opposition of the Concord First Partners, LLC draft Term Sheet from the City Council meeting held on Saturday, January 7, 2023.
Hope Johnson, Concord, spoke in opposition of the Concord First Partners, LLC draft Term Sheet from the City Council meeting held on Saturday, January 7, 2023.
D’Marco Anthony spoke about tied election results and how other municipalities have handled tiebreaker results. He also spoke in opposition of the Concord First Partners, LLC draft Term Sheet from the City Council meeting held on Saturday, January 7, 2023.
Erik Owens, Concord, spoke about the road design and repaving of Oak Grove Road and Treat Boulevard, that he wants protected bicycle lanes and lights installed in the referenced area, and said protected bicycle lanes protect both vehicles and bicycles.
Mayor Hoffmeister continued the General Public Comment period to the end of the meeting.
PRESENTATION
BUSINESS RECOGNITION AWARDS
Mayor Hoffmeister introduced Economic Development Specialist Robert Carrera, who presented an overview of the program and introduction of recipients. Mr. Carrera introduced Melissa Rea, President/CEO for Greater Concord Chamber of Commerce, who presented Business Recognition Awards to Cobham Satzom; Pacific Service Credit Union; and Smile Family Dentistry.
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 MINUTES – December 6 and 13, 2022
A motion was made by Aliano and seconded by Obringer to approve the minutes from the meetings on December 6 and 13, 2022. The motion passed by unanimous vote of the Council.
City Council Minutes January 10, 2023
3 ACCEPTANCE OF IMPROVEMENTS – Library Roof Replacement Project (Project No. 2569) A motion was made by Aliano and seconded by Obringer to accept improvements for the Library Roof Replacement Project (Project No. 2569); and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT – Ghilotti Bros Inc. for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Broadway, Salvio, Oak, and Grant Streets) [Project No. 2424] A motion was made by Aliano and seconded by Obringer to award a Construction Contract in the amount of $3,546,189.75 to Ghilotti Bros Inc. for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Broadway, Salvio, Oak, and Grant Streets) [Project No. 2424] and 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. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 23-1 – Approving the request to Metropolitan Transportation Commission for Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2023-2024
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-1 entitled, “A Resolution Approving the Request to the Metropolitan Transportation Commission by the City of Concord for an Allocation of $240,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2023-24.” The motion passed by unanimous vote of the Council.
APPROVAL OF AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT – MIG, Inc.
A motion was made by Aliano and seconded by Obringer to approve an Amendment to a Professional Services Agreement with MIG, Inc. to address Senate Bill 9 for incorporation into the Objective Design Standards document, in an amount not to exceed $38,260, in a form approved by the City Attorney; and authorize the City Manager to execute the agreement. The motion passed by unanimous vote of the Council.
APPROVAL OF AN AGREEMENT FOR PROFESSIONAL SERVICES – R.E.Y. Engineers, Inc.
This item was pulled from the Consent Calendar by Mayor Hoffmeister who recused herself from the item due to conflict of interest resulting from proximity to her residence and left the dais.
A motion was made by Aliano and seconded by Obringer to approve the following for Residential Pavement Maintenance, Phase D, including authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney:
Agreement for Professional Services with R.E.Y. Engineers, Inc. in the not-to-exceed amount of $874,495.60 (base agreement of $794,996 plus staff authority to spend up to a 10% contingency of $79,499.60) to provide design engineering and related services for Pavement Maintenance - Zone 3I (Project No. 2612) located between David Avenue and Monument Boulevard and between Walnut Creek and Dias Drive; Pavement Maintenance - Zone 1M (Project No. 2614) located between Mount Diablo Creek and Clayton Road and between Ayers Road and Kirker Pass Road; Pavement Maintenance - Zone 4C (Project No. 2622) located between Cowell Road and the City of Walnut Creek border and between Rose Lane and Ygnacio Valley Road; and Pavement Maintenance - Zone 1I (Project No. 2625) located between Clayton Road and Galindo Creek and between Bailey Road and Willcrest Drive. The motion passed by the following vote:
AYES: Aliano, Nakamura, Obringer, Birsan NOES: None ABSENT: Hoffmeister Mayor Hoffmeister returned to the dais.
City Council Minutes January 10, 2023
4 APPROVAL OF AN AGREEMENT FOR PROFESSIONAL SERVICES – Bellecci & Associates, Inc.
This item was pulled from the Consent Calendar by Councilmember Obringer who recused herself from the item due to economic interest resulting from proximity to her residence and left the dais.
A motion was made by Birsan and seconded by Aliano to approve an Agreement for Professional Services with Bellecci & Associates, Inc. in the not-to-exceed amount of $170,335 (base agreement of $154,850 plus staff authority to spend up to a 10% contingency of $15,485) to provide design engineering and related services for Pavement Maintenance - Zone 2L (Project No. 2626) located between Concord Boulevard and Clayton Road and between Port Chicago Highway and the Contra Costa Canal. The motion passed by the following vote:
AYES: Aliano, Birsan, Nakamura, Hoffmeister NOES: None ABSENT: Obringer Councilmember Obringer returned to the dais
CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/CONCORD-PLEASANT HILL HEALTH CARE
DISTRICT (CPHHCD) CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 23-2, LOCAL REUSE AUTHORITY RESOLUTION NO. 23-48, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 23-040 – Continue Meetings Remotely, AB 361
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-2, Local Reuse Authority Resolution No. 23-48, and Concord/Pleasant Hill Health Care District Resolution No. 23- 040 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
Mayor Hoffmeister took Consideration Item No. 5.b out of agenda order due to the nature of the item and the interest of allowing minors to hear and comment on the item at an earlier time during the evening meeting.
TOBACCO REGULATIONS AND ENFORCEMENT IN CONCORD
Assistant City Manager Justin Ezell presented the staff report, provided background on tobacco regulations and SB 793, and the direction provided by the PDIO Committee. Mr. Ezell explained staff was seeking direction from Council on tobacco regulations and enforcement and whether to draft policy that further regulates tobacco in Concord, and presented the following as possible Council actions:
A. Direct staff to begin developing additional tobacco regulations and/or enforcement programs (reprioritize work program depending on the direction); or B. Postpone any direction on tobacco regulation until the next priority setting workshop (to occur in March 2023); or
C. Take no further on the regulation of tobacco within the City of Concord.
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
The following people spoke in support of increased tobacco regulations and enforcement in Concord:
City Council Minutes January 10, 2023
5 David Pitman, Concord
Ekroop Kaur, Courage Youth Health Coalition
Christian Aguirre, Rainbow Community Center
Anahi Nava, Mt. Diablo High School
Chepa Cubias, Concord
David Litty, Concord
Camille Cummings, AATCLC
Rod Lew, Pleasant Hill
Jimmy Ancira, LGBTQ minus tobacco
Amaya Wooding, LGBTQ minus tobacco
Brian Davis, LGBTQ minus tobacco
Jen Grand-Lejano, American Cancer Society Cancer Action Network Mayra Lopez, Contra Costa Public Health Department
Ashley Alcala, Mt. Diablo High School
Blythe Young, American Heart Association
Debra Ballinger, Monument Impact
Ananya Pinnamaneni
Ady Olvera
Natalie
Hope Johnson, Concord
Azi Carter, Pittsburg
Ali Wohlgemuth, Bay Area Community Resources
Nardos Darkera, Monument Youth Drug and Alcohol Coalition Cherise Khaund, MDUSD School Board
Bob Gordon, Contra Costa County Tobacco Coalition
Alaina, Mt. Diablo Social Justice Club
Eric Haynes, Concord
Mayor Hoffmeister closed the public comment period and recessed the meeting at 9:11 p.m. The meeting resumed at 9:27 p.m.
Following discussion from the City Council, a motion was made by Aliano and seconded by Obringer directing staff to bring the item back to Council at a later meeting date with the following direction: a prohibition of flavored hookah; ban the sale of tobacco vape products (flavored or unflavored); establish minimum prices, sale unit sizes, and eliminate couponing and discounting for tobacco products; and maintain the current method of enforcement as complaint-based, while exploring other enforcement efforts and opportunities. The motion passed by unanimous vote of the Council.
City Council Minutes January 10, 2023
6 COMMENTS FROM CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) – City’s Draft Housing Element Update (HEU)
Principal Planner Aaron Sage presented the staff report, provided an overview of the comments and recommended revisions from California Department of Housing and Community Development (HCD) related to the City’s draft Housing Element Update (HEU), and discussed next steps and the consequences for non-compliance. Mr. Sage explained that the Council was being requested to provide input to be incorporated into a revised HEU for adoption by the City Council on the following revisions proposed by staff:
RECAP/Low-Resource Areas
oSafety/mobility project (minimum $1 million)
o20% of Cannabis Community Benefit Fund to low-resource areas (with priority on highly segregated areas)
o$150,000 in settlement funds to benefit Monument Corridor businesses oSeek State Project Homekey funding source
oPartner with community based organizations to conduct bilingual outreach on fair housing laws (including Section 8 voucher protections), housing programs, and social services AFFH and RHNA Sites (Rezoning)
oFocus on higher-resource, racially and economically segregated areas oObjective metrics – Rezone 20 acres at minimum density of 60 units per acre oRezone for minimum target of 1,000 units
oComplete by December 2024
AFFH and RHNA Sites
oSB 9 capacity increase by combining ADUs with SB 9
oTiny homes on religious sites
oTax measure, November 2024 ballot
oAlternate Programs:
Rent Control Ordinance by December 2023
Just Cause for Eviction Ordinance by December 2023
Increase densities on Clayton Road
Emergency Shelters
oSimplify regulations
Multi-Family Constraints
oStaff-level Design Review
oAllow by right zoning process for projects in commercial districts Persons with Disabilities Constraints
oReduce group housing parking standards
oObjective process for Large Residential Care/Facilities Sites Inventory
oAdd skate park site to inventory
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
The following people spoke in support of adding tenant protections, rent stabilization, and just cause for evictions to the HEU:
Sandi Velasquez, Monument Impact
Vanessa Chena, Monument Impact
Cecilia Ochoa, Concord
City Council Minutes January 10, 2023
7 Rev. Millie Phillips, Faith Alliance for a Moral Economy Kristi Laughlin, Raise the Roof Coalition
Mariana Moore
Alex Werth, EBASE
Natalie
Kevin Burke
Debra Ballinger, EBHO
Aaron Tiedemann, EBHO
Erika Flores
Betty Gabaldon
Jennifer Morales, Monument Impact
Deena Levine, Jewish Family in Community Services East Bay Cora Mitchell, Concord
Judith Ortiz, Monument Impact
Ady Olvera
Kent Green
Hope Johnson
Heather Peters
Mayor Hoffmeister closed the public comment period.
A motion was made by Obringer and seconded by Nakamura to continue Agenda Item No. 5.a and the remainder of the Agenda Items, to Tuesday, January 17, 2023, at 6:00 p.m. The motion passed by unanimous vote of the Council.
PUBLIC COMMENT (CONTINUED)
Mayor Hoffmeister reopened the general public comment period.
Emily Gaines, Concord, spoke about the importance for emergency response pop-up shelters.
Ady Olvera spoke about the importance of emergency response for the unhoused, including pop- up shelters.
Mayor Hoffmeister closed the public comment period.
CORRESPONDENCE
a. Agenda Item No. 3.a – Business Recognition Awards – PowerPoint Presentation b. Agenda Item No. 4.c – Downtown Corridors Project – Benched Correspondence c. Agenda Item No. 5.a – Draft Housing Element Update – Benched Correspondence d. Agenda Item No. 5.a – Draft Housing Element Update – PowerPoint Presentation e. Agenda Item No. 5.b – Tobacco Regulations – Benched Correspondence f. Agenda Item No. 5.b – Tobacco Regulations – PowerPoint Presentation g. Agenda Item No. 5.c – Homeless Strategic Plan Working Group Applications – PowerPoint Presentation
City Council Minutes January 10, 2023
8 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on January 11, 2023, at 12:30 a.m. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK