REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, FEBRUARY 14, 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, February 14, 2023, 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: 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; James Nakayama, Police Captain; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Bruce Davis, Senior Civil Engineer; Tianjun Cao, Associate Civil Engineer; Trish Beirne, Emergency and Volunteer Services Manager; Himmat Bains, Senior Financial Analyst; Mindy Gentry, Planning Manager; Ryan Lenhardt, Senior Planner; Leng Power, Community Services Manager
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Anonymous; Scott Wagner; Michael Vasta; Tim Roberts; Wallace; Katy Boeger; Heidi Hanley; Tim Carr; Natalie; Ady, Concord;
PUBLIC COMMENT PERIOD
Anonymous spoke about a serial rapist in Concord; she expressed her love towards the community despite her mistreatment and the abuse she has suffered.
ANNOUNCEMENT
RECRUITMENT FOR TWO VACANCIES ON THE BICYCLE AND PEDESTRIAN ADVISORY
COMMITTEE
City Clerk Joelle Fockler announced two (2) vacancies on the Bicycle and Pedestrian Advisory Committee for a term ending February 28, 2027, and setting a deadline of Tuesday, March 14, 2023 at 5 p.m. as the deadline for receipt of applications by the City Clerk.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
City Council Minutes February 14, 2023
2 CITY COUNCIL CONSENT CALENDAR
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Tetra Tech, Inc.
This item was pulled from the Consent Calendar by Vice Mayor Birsan who expressed his support to enter into an agreement with Tetra Tech, Inc., for the purpose of developing a strategy to incorporate additional language access into the City’s emergency management plan.
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 Birsan and seconded by Obringer to approve a Professional Services Agreement with Tetra Tech, Inc., in the not-to-exceed amount of $175,000 for project design, execution and related services for compiling and analyzing language data for socially and disaster vulnerable communities in Concord for the purpose of developing a strategy for incorporating language access consideration into the City’s emergency management plans, (Project No. 2668) 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. 23-8 – Contra Costa County Flood Control and Water Conservation District
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-8 entitled, “A Resolution Authorizing the Contra Costa County Flood Control & Water Conservation District to Establish an Annual Parcel Assessment for FY 2023-24 for Drainage Maintenance and National Pollutant Discharge Elimination System (NPDES) Program.” The motion passed by unanimous vote of the Council.
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Plante Moran, PLLC (CIP Project No. 2529)
A motion was made by Obringer and seconded by Birsan to approve a Professional Services Agreement with Plante Moran, PLLC for Advisory Services for ERP Selection in an amount not-to-exceed $238,068.00, including a 10% contingency; 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. 23-9 – California Franchise Tax Board A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-9 entitled, “A Resolution of the City Council of the City of Concord Authorizing a Non-Financial Reciprocal Agreement with the California Franchise Tax Board for Exchange of Business License Tax Data and Authorizing the City Manager to Execute a Non-Financial Reciprocal Agreement with the California Franchise Tax Board (“FTB”) for the exchange of business license tax data for a term beginning January 31, 2023 through December 31, 2025, subject to approval by the City Attorney.” The motion passed by unanimous vote of the Council.
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT AND APPROVAL OF BUDGET TRANSFERS – Downtown Corridors Bicycle and Pedestrian Improvement Project (Project No. 2424) A motion was made by Obringer and seconded by Birsan to approve the following:
1. Approve a Professional Services Agreement for Construction Management, Inspection, and Materials Testing Services in the amount of $430,000 to Dewberry Engineers Inc. for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Broadway, Salvio, City Council Minutes February 14, 2023
3 Oak, and Grant Streets) [Project No. 2424]; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and
2. Approve budget transfers to the Downtown Corridors Bicycle and Pedestrian Improvement Project (Project No. 2424) in the amounts of $100,000 from Citywide Streetlight Upgrade (Project No. 2649) and $195,000 from Citywide Bridge Repair Program (Project No. 2371) to cover costs associated with two additive bids from the construction contract.
The motion passed by unanimous vote of the Council.
CITY COUNCIL PUBLIC HEARING
ADOPTION OF RESOLUTION NO. 23-10 APPROVING AN ADMINISTRATIVE PERMIT AND DESIGN AND SITE REVIEW AND INTRODUCTION OF ORDINANCE NO. 23-1 APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT – Culture Club Corporate Enterprise (dba “Culture”) at 1440 Concord Avenue, Suite B
Senior Planner Ryan Lenhardt presented the staff report, explaining that the City Council was being requested to consider an Administrative Permit, and Design and Site Review, and introducing an Ordinance for a Development Agreement with Culture Club Corporate Enterprise (dba “Culture”) to develop a cannabis storefront and delivery retail business at 1440 Concord Avenue, Suite B, by reading of the title only and waiving further reading.
Devon Julian, COO of Culture Cannabis, presented information and spoke about security, safety and neighborhood compatibility, online ordering and mobile delivery, technology, and the financial benefit and sales projections of the company.
Following questions from the City Council, Vince Colvis, Director of Community Outreach for Culture Cannabis, spoke about the company’s partnerships with other organizations, and the contributions made in an effort to have a positive impact for the community.
Mayor Hoffmeister opened a public comment period.
The following people spoke in favor of opening a cannabis storefront and delivery retail business at the proposed location:
Scott Wagner
Michael Vasta
Tim Roberts
Katy Boeger
Heidi Hanley
Tim Carr inquired about safety measures for possible smash and grabs.
Natalie stated that there should be bollards and security cameras.
Wallace spoke in opposition of opening a cannabis storefront and delivery retail business at the proposed location.
Mayor Hoffmeister closed the public comment period.
Following comments from the City Council, a motion was made by Birsan and seconded by Obringer to adopt Resolution No. 23-10 entitled, “A Resolution Approving an Administrative Permit and Design and Site Review, for a Cannabis Storefront and Delivery Retail Business Culture Club Corporate City Council Minutes February 14, 2023
4 Enterprise (dba “Culture”) at 1440 Concord Avenue, Suite B, APN: 126-020-108 (PL20113 – AA, DA, DR).” The motion passed by unanimous vote of the Council.
A motion was made by Birsan and seconded by Nakamura to introduce Ordinance No. 23-1 entitled, “An Ordinance Approving and Adopting a Development Agreement by and between the City of Concord and Culture Club Corporate Enterprise, Inc. (DBA “Culture”), Regarding the Development of Property located at 1440 Concord Avenue, Suite B, Assessor’s Parcel Number: 126-020-108” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEMS
INTERVIEW APPLICANTS FOR THE HOMELESS STRATEGIC PLAN WORKING GROUP AND SELECT BY A VOTE THE APPLICANTS TO SERVE ON THE 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 on the previously held interviews and selection of applicants for the categories of Nonprofit Homeless Services Provider Representative, Lived Experience Representative, and Veterans Homeless Services Provider Representative to the Homeless Strategic Plan Working Group. Ms. Fockler explained that the Council was being requested to interview applicants, and select the applicants by a vote for the remaining categories of Concord Resident and Property Owner, Mental Health Professional, Substance Abuse Professional, and Business Community or Owner of Commercial Property in Concord to the Homeless Strategic Plan Working Group.
Mayor Hoffmeister recessed the meeting at 7:45 p.m. The meeting resumed at 7:52 p.m.
The City Council confirmed the interview questions used for the January 24, 2023 Homeless Strategic Plan Working Group interviews, which were used for interviews with seven applicants including:
Lance Goree
Valentina Loreto-Ashley
Cora Mitchell
Linda Jacob
Patricia Lechuga
Eric Rehn
Mark Unterbach
Mayor Hoffmeister opened a public comment period.
Natalie spoke in favor of selecting applicants Cora Mitchell and Mark Unterbach in their respective categories.
Ady spoke in favor of selecting applicants Linda Jacob, Cora Mitchell, and Mark Unterbach in their respective categories.
Wallace voiced concern about promoting homelessness in Concord and in opposition to forming the Working Group.
Mayor Hoffmeister closed the public comment period.
Following comments from the City Council, a motion was made by Birsan and seconded by Aliano to appoint Lance Goree as the representative for the Concord Resident and Property Owner City Council Minutes February 14, 2023
5 category to the Homeless Strategic Plan Working Group. The motion passed by unanimous vote of the Council.
A motion was made by Birsan and seconded by Obringer to select Cora Mitchell as the representative for the Mental Health Professional category to the Homeless Strategic Plan Working Group. The motion passed by unanimous vote of the Council.
A motion was made by Obringer and seconded by Nakamura to select Linda Jacob as the representative for the Substance Abuse Professional category to the Homeless Strategic Plan Working Group. The motion passed by unanimous vote of the Council.
A motion was made by Obringer and seconded by Aliano to select Eric Rehn as the representative for the Business Community or Owner of Commercial Property in Concord category to the Homeless Strategic Plan Working Group. The motion passed by unanimous vote of the Council.
CONSIDER A PROFESSIONAL SERVICES AGREEMENT FOR DEVELOPMENT OF A HOMELESS STRATEGIC PLAN – Thurmond Consulting LLC
Community Services Manager Leng Power presented the staff report, provided a brief background, discussed the essential elements and phasing plan to be incorporated for the development of a Homeless Strategic Plan, and explained that the Council was being requested to authorize a Professional Services Agreement with Thurmond Consulting LLC for the development of a Homeless Strategic Plan.
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
Natalie spoke in favor of moving forward with the proposed consultant for development of the Homeless Strategic Plan.
Ady, Concord, spoke about the lack of proposals submitted for the development of the Homeless Strategic Plan, but stated she was in support of the proposed consultant, and that she supports Council’s decision.
Following comments from the City Council, a motion was made by Aliano and seconded by Hoffmeister to approve a Professional Services Agreement with Thurmond Consulting LLC for development of a Homeless Strategic Plan in an amount not to exceed $187,000 (base agreement of $170,000 plus staff authority to spend up to a 10% contingency of $17,000), authorize the City Manager to execute the agreement in a form acceptable to the City Attorney, and make the CEQA determinations as provided in the staff report; with added direction from Council that approval of the agreement was contingent upon staff conducting reference checks deemed satisfactory per the City Manager.
AYES: Aliano, Nakamura, Obringer, Hoffmeister NOES: Birsan
CORRESPONDENCE
a. Agenda Item No. 4.a – Agreement with Tetra Tech, Inc. – Benched Correspondence b. Agenda Item No. 5.a – Culture Cannabis Club – PowerPoint Presentation c. Agenda Item No. 5.a – Culture Cannabis Club – Applicant PowerPoint Presentation d. Agenda Item No. 6.b – Development of Homeless Strategic Plan – 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 14, 2023
6 CONSIDERING APPOINTING COUNCILMEMBERS TO REPRESENT THE CITY COUNCIL ON
COUNCIL COMMITTEES
Mayor Hoffmeister proposed appointments to the Council committees for 2023 as follows:
APPOINTEES
CHAIR MEMBER
Standing Committees
Policy Development and Internal Operations Hoffmeister Birsan Housing and Economic Development Birsan Obringer
Infrastructure and Franchise Obringer Hoffmeister
Recreation, Cultural Affairs & Community Services Aliano Nakamura Youth and Education Nakamura Aliano
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Aliano and seconded by Birsan to select Councilmember Aliano as the Chair of the Recreation, Cultural Affairs & Community Services Committee, and select Vice Mayor Birsan as the Chair of the Housing and Economic Development Committee. The motion passed by unanimous vote of the Council.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on February 14, 2023, at 10:44 p.m. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK