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, FEBRUARY 7, 2023
The Concord City Council met in a regular meeting in the City Council Conference Room, 1950 Parkside Drive, Concord, California and via various telephonic/electronic locations at 6:00 p.m. on Tuesday, February 7, 2023, with Mayor Hoffmeister presiding. Councilmember Obringer was absent.
Mayor Hoffmeister 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 LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: One potential case.
The meeting recessed at 6:08 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, February 7, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Aliano. 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; 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; Greg Rodriguez, Police Lieutenant; Kevin Halm, Provisional Police Lieutenant; James Nakayama, Police Captain; Steve Voorhies, Director of Parks and Recreation; Carlton Thompson, City Engineer; Kit Jory, Parks Manager; Ken Yee, Facilities Manager; Bernard Enrile, CIP Manager; Marie Suvansin, Economic
Development Manager; Craig Blythe, Administrative Services Manager; Justin Bosch, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer; Justine Gee, Associate Civil Engineer; Lisa Potvin-Roeber, Downtown Program Manager; Kathryn
Monroy, Program Manager; Matt Fragoso, Camp Director
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Frank Sterling; D’Marco Anthony; Hope Johnson, Concord; LeAnn Matthews, Concord; Chris Iglesias, President of Unity Council; La Tanya Johnson, Concord; Ady; Kate Trevelyn-Hall; Justin Crossley; Elaine Schroth, Visit Concord; Mark Stites, Cream/TSBA; Kent Green; Natalie
City Council Minutes February 7, 2023
2 PUBLIC COMMENT PERIOD
Frank Sterling spoke about his cousin Timothy Charles Lee who was killed in 1985.
D’Marco Anthony acknowledged Black History Month and stated his support of the Council decision reject the Term Sheet and let the Executive Agreement to Negotiate with Concord First Partners, LLC, expire.
Hope Johnson, Concord, commented on Councilmember Aliano’s employment and its potential conflict of interest with his service as a Councilmember.
LeAnn Matthews, Concord, stated police tore apart an unhoused friend’s tent and mattress without offering services for further assistance.
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 – January 7 and 10, 2023
A motion was made by Aliano and seconded by Obringer to approve the minutes from the meetings on January 7 and 10, 2023. The motion passed by unanimous vote of the Council.
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Bellecci & Associates for four projects in Residential Pavement Maintenance Phase E
A motion was made by Aliano and seconded by Obringer to approve a Professional Services Agreement with Bellecci & Associates in the not-to-exceed amount of $929,271.20 (base agreement of $844,792.00 plus Staff authority to spend up to $84,479.20) for design engineering and related services for the following four projects in Residential Pavement Maintenance Phase E; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney:
1. Pavement Maintenance Zones 2H & 2Q (Project No. 2611). Zone 2Q is located to the east of Monte Gardens Elementary School between Willow Pass Road and Beechwood Drive. Zone 2H is located south of Concord Boulevard between West Street and Clayton Way.
2. Pavement Maintenance Zone 4L (Project No. 2613) located south of Concord Community Park, between Ridge Park Drive and St Francis Drive.
3. Pavement Maintenance Zones 5M, 5H, and Port Chicago Highway (Project No. 2621).
Zone 5M and 5H are located east of Port Chicago Highway between East Olivera Road and Erie Drive. The portion of Port Chicago in this project is between East Olivera Road and Concord Blvd.
4. Pavement Maintenance Zone 2O (Project No. 2624) located south of Monte Gardens Elementary School between Los Flores Avenue and Concord Boulevard. Recommended by the Director of Community Development.
The motion passed by unanimous vote of the Council.
City Council Minutes February 7, 2023
3 LETTER OF SUPPORT FOR SB X1-2 – Oil Price Gouging Penalty A motion was made by Aliano and seconded by Obringer to consider a letter of support for SB X1-2 (Oil Price Gouging Penalty). The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF AN AGREEMENT FOR
PROFESSIONAL SERVICES, APPROVAL OF A RELATED BUDGET TRANSFER, AND APPROVAL OF AN AMENDMENT TO A CONTRACT – Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579)
This item was pulled from the Consent Calendar by Vice Mayor Birsan who stated he had received comments from his constituent group inquiring about the order of repair of particular streets within certain pavement zones.
A motion was made by Birsan and seconded by Obringer to approve the following for Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579) constructing interconnected fiber- optic cabling on Clayton Road between Galindo Street and Washington Boulevard:
1. Award of a construction contract in the amount of $4,036,910 to Gruendl Inc. DBA Ray’s Electric; authorizing staff to utilize the available project contingency for contract change orders that become necessary up to the 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney;
2. Approval of an Agreement for Professional Services with Swinerton Management and Consulting in the not-to-exceed amount of $474,182.50 (base agreement of $431,075 plus staff authority to spend up to a 10% contingency of $43,107.50) to provide construction management, material testing, and related services; and authorizing the City Manager to execute the agreements, in a form acceptable to the City Attorney;
3. Approval of a related budget transfer of $1,100,000 (2021 Debt Issuance Measure V Funds) from Clayton Road Pavement Rehabilitation Project (Project No. 2609), $612,500 (2021 Debt Issuance Measure V Funds) from Innovative Transportation Program (Project No. 2573), and $200,000 (2021 Debt Issuance Measure V Funds) from Replace Controller/Cabinet/VDS at Signalized Intersection (Project No. 2462) to Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579); and
4. Approval of an amendment to the contract with DC Electric Group Inc., for On-Call Traffic Signal and Streetlight Repair Services – RFP No. 2442 increasing total compensation by $300,000 for a total not to exceed amount of $500,000; 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.
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH CONSOR NORTH AMERICA, INC. – Meadow Lane/Market Street Paving (Project No. 2582)
A motion was made by Aliano and seconded by Obringer to approve a Professional Services Agreement with Consor North America, Inc. in the not-to-exceed amount of $363,312.48 (base agreement of $330,284.07 plus Staff authority to spend up to a 10% contingency of $33,028.41) to provide construction management, inspection, and materials testing services for Meadow Lane/Market Street Paving (Project No. 2582), on Meadow Lane from Monument Boulevard to Market Street, and on Market Street from Meadow Lane to Willow Pass Road; 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.
City Council Minutes February 7, 2023
4 CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/CONCORD-PLEASANT HILL HEALTH CARE
DISTRICT (CPHHCD) CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 23-4, LOCAL REUSE AUTHORITY RESOLUTION NO. 23-49, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 23-041 – Continue Meetings Remotely, AB 361
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-4, Local Reuse Authority Resolution No. 23-49, and Concord/Pleasant Hill Health Care District Resolution No. 23- 041 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. 23-5 - Accept Concord Tourism Improvement Business District’s 2021-2022 Annual Report
Downtown Program Manager Lisa Potvin-Roeber presented the staff report, provided background on the Concord Tourism Improvement Business District, and introduced Elaine Schroth with Visit Concord who presented additional information and videos highlighting the Concord Tourism Improvement Business District’s 2021-2022 Annual Report.
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. 23-5 entitled, “A Resolution Accepting the Concord Tourism Improvement District’s 2022-2023 2021-2022 Annual Report.” The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 23-6 – Allocating $500,000 of one-time American Rescue Plan Act (ARPA) funds for special events
Councilmember Aliano stated he was part of the planning process for the Unity Council’s Festival Latino, and recused from the item in order to avoid any potential or perceived conflict between those activities and his role as a Councilmember and left the dais.
Councilmember Obringer stated she is active with the TSBA and has been involved in fundraising for and planning of the Fourth of July activities. She recused from the item in order to avoid any potential or perceived conflict between those activities and her role as a Councilmember and left the dais.
Assistant City Manager Justin Ezell presented the staff report, provided background on ARPA funding, the City of Concord public meetings held in an effort to determine spending of the one-time funds, Council adopted spending categories, and a background and summary of the Housing and Economic Development Council Committee’s recommendations for the funding amounts. He explained the recommendation for City Council to adopt a Resolution allocating $500,000 of one-time ARPA funds for special events as an economic development stimulus.
Following questions from the City Council, Chris Iglesias, President of the Unity Council, responded that the Unity Council works with a firm to assist in coordinating and holding events, explaining how and where the funds are expended. He explained the extent of outreach conducted in order to notify those in need who would benefit from services offered along the Monument Corridor.
Mayor Hoffmeister opened a public comment period.
City Council Minutes February 7, 2023
5 Chris Iglesias, President of Unity Council, thanked City staff for assistance in helping host events and the importance of the events which benefit those in need, particularly along the Monument Corridor.
Hope Johnson, Concord, expressed concern regarding a staff memo that she felt did not highlight the intention of use for the original $8 million in ARPA funds.
La Tanya Johnson, Concord, commented that she would like to see the events being held in honor of Black History or the African American community.
Ady supported an RFP process for ARPA funding.
Mayor Hoffmeister closed the public comment period.
Following comments from the City Council, a motion was made by Birsan and seconded by Nakamura to adopt Resolution No. 23-6 entitled “A Resolution Allocating $500,000 of One-Time American Rescue Act Funding for Special Events.” The motion passed by the following vote:
AYES: Birsan, Nakamura, Hoffmeister NOES: None ABSENT: Aliano, Obringer Councilmembers Aliano and Obringer returned to the dais.
ADOPTION OF RESOLUTION NO. 23-7 – Appropriating $6.5 million of one-time American Rescue Plan Act funds for City projects
Assistant City Manager Justin Ezell presented the staff report and noted that the Council was being requested to adopt a Resolution appropriating $6.5 million one-time American Rescue Plan Act funds for City projects and authorizing certain actions related to use of the funds, including making the CEQA determinations as provided in the written staff report.
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
The following people spoke in support of the Downtown Concord Welcome & Cleanliness Program in Partnership with the Todos Santos Business Association – 2-year Pilot:
Kate Trevelyan-Hall
Justin Crossley
Elaine Schroth
Mark Stites, Cream, TSBA
The following people spoke against private security in and around Todos Santos Plaza:
Kent Green
Natalie
Hope Johnson, Concord, inquired how the $8 million in ARPA funds previously allocated for public safety has been spent, and felt that there should not be additional funding allocated for police department technology without a policy in place.
Mayor Hoffmeister closed the public comment period.
Following additional questions and comments from the City Council, a motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-7 entitled, “A Resolution Appropriating $6,500,000 of One-Time American Rescue Plan Act funds for City projects and authorizing certain actions related to use of the funds.” The motion passed by unanimous vote of the Council.
City Council Minutes February 7, 2023
6 Mayor Hoffmeister recessed the meeting at 9:04 p.m. The meeting resumed at 9:15 p.m.
SELECTION OF APPLICANTS TO INTERVIEW FOR THE HOMELESS STRATEGIC PLAN WORKING GROUP – Concord Resident and Property Owner, Mental Health Professional, Substance Abuse Professional, and Business Community representatives
City Clerk Joelle Fockler presented the staff report, provided a brief background related to the development of and composition of the Homeless Strategic Plan Working Group, discussed the remaining categories and the number of applications received for each of the remaining categories, and explained that the Council was being requested to select applicants to be interviewed for the categories of Concord Resident and Property Owner, Mental Health Professional, Substance Abuse Professional, and Business Community for the Homeless Strategic Plan Working Group.
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
Ady spoke about La Tanya Johnson being the only African American applicant who currently serves the unhoused with varying issues and requested for the City Council to create a new category for African American applicants. She also expressed support for Cora Mitchell and Linda Jacob in their respective categories.
Mayor Hoffmeister closed the public comment period.
A motion was made by Birsan and seconded by Obringer to select Timothy Shindelus as the additional applicant to interview for the category of Concord Resident and Property Owner. The motion passed by unanimous vote of the Council.
A motion was made by Aliano and seconded by Obringer to select Linda Jacob and Patricia Lechuga as the applicants to interview for the category of Substance Abuse Professional. The motion passed by unanimous vote of the Council.
A motion was made by Obringer and seconded by Aliano to select Valentina Loreto-Ashley and Cora Mitchell as the applicants to interview for the category of Mental Health Professional. The motion passed by unanimous vote of the Council.
A motion was made by Birsan and seconded by Obringer to select Eric Rehn and Mark Unterbach as the applicants to interview for the category of Concord Business Community or an Owner of Commercial Property in Concord. The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Agenda Item No. 6.a – Written Public Comment
b. Agenda Item No. 8.a – Concord Tourism Annual Report – Benched Staff Report c. Agenda Item No. 8.a – Concord Tourism Annual Report – Benched Attachment 1 d. Agenda Item No. 8.b – HED ARPA Funding Recommendations – PowerPoint Presentation e. Agenda Item No. 8.c – ARPA Funding for City Projects – Benched Correspondence f. Agenda Item No. 8.c – ARPA Funding for City Projects – PowerPoint Presentation g. Agenda Item No. 8.d – Applicants for Homeless Strategic Plan Working Group – 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.
City Council Minutes February 7, 2023
7 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on February 7, 2023, at 9:45 p.m. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK