REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MARCH 7, 2023
The Concord City Council met in a regular meeting in the City Council Conference Room, 1950 Parkside Drive, Concord, California at 5:30 p.m. on Tuesday, March 7, 2023, with Mayor Hoffmeister presiding. 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 LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; James Peavey, Human Resources Manager; Donna Lee, Budget Officer; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore, Employee organizations: Administrative, Technical & Clerical Representation Unit and Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856; Professional Representation Unit of OPEIU Local 29.
The meeting recessed at 6:27 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, March 7, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Vice Mayor Birsan. 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; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Tianjun Cao, Associate Civil Engineer; Justine Gee, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer; Himmat Bains, Senior Financial Analyst
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Natalie; Tim Carr, Concord; Ady Olvera, Concord; Denise Hartlove, Concord; Matt Lovett, Mt. Diablo Education
Foundation; Dodi Zotigh, Rainbow Community Center; Dan
Dorsett, Feet First Foundation; Linda Rimac Colberg, Yours Humanly; Maren Shahade; Parisa Zamanian, Rainbow
Community Center; Dee Vieira, Rainbow Community Center; Kelly Ferguson, Rainbow Community Center; Angie Chaupe, Concord; Teena Hahn, Clayton; Vanessa Chena, Monument
Impact/Concord; Matt Harrison, Community Youth Center; Steve Gonsalves, Concord; Lauren Jonas, Diablo Ballet; Elaine Schroth, Visit Concord; Vivian Boyd, Concord Historical Society; City Council Minutes March 7, 2023
2 Judi Herman; Karla Guerra, Unity Council; Cora Mitchell, Concord; Nadia Cartier; Barb Hunt
PUBLIC COMMENT PERIOD
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
PRESENTATIONS
PROCLAMATION – Red Cross Month
Mayor Hoffmeister presented Trish Beirne, American Red Cross Northern California Coastal Region Leadership Council, a proclamation declaring March 2023 as “Red Cross Month” in the City of Concord.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
CONCORD PAVILION UPDATE
Mayor Hoffmeister introduced Aaron Hawkins, Live Nation General Manager, who provided an update on Concord Pavilion.
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
Natalie spoke about other event venues that do not use Live Nation, and the use of fees imposed on customers.
Mayor Hoffmeister closed the public comment period.
CITY COUNCIL CONSENT CALENDAR
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
ADOPTION OF ORDINANCE NO. 23-1 – Culture Club Corporate Enterprise, Inc.
A motion was made by Birsan and seconded by Obringer to adopt 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.” Ordinance No. 23- 1 was introduced on February 14, 2023, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NOS. 23-12, 23-13, 23-14, AND 23-15 – Engineer’s Report for the levy of annual assessments for the City’s four Landscape and Lighting Maintenance Assessment Districts A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 23-12 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Downtown Landscape Maintenance District.” The motion passed by unanimous vote of the Council.
A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 23-13 entitled, “A Resolution Ordering the Preparation of an Engineers Report for the Pine Hollow Landscape and Lighting Maintenance District.” The motion passed by unanimous vote of the Council.
City Council Minutes March 7, 2023
3 A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 23-14 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Landscape and Lighting Maintenance District No. 3.” The motion passed by unanimous vote of the Council.
A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 23-15 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Citywide Street Lighting Assessment District.” The motion passed by unanimous vote of the Council.
APPROVAL TO INCREASE FISCAL YEAR FUEL SERVICES AGREEMENT AMOUNTS – Pinnacle Petroleum and Western States Oil
This item was pulled from consideration on the Consent Calendar by Tim Carr.
Administrative Services Manager Craig Blythe provided background on the item and explained an annual fuel increase was authorized by the City Council in May 2022, and the increase was needed because of the increase in both unleaded and diesel fuel prices. He further explained that following the increase in May 2022, the cost of fuel prices continued to increase, and that fuel prices and usage are expected to remain at current levels, with no expectation from staff that any additional increases will be needed.
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
Tim Carr, Concord, spoke about the number of police vehicles that were recently authorized for purchase, noting that standard police vehicles are hybrid and get better gas mileage, whereas those purchased for Concord were the non-hybrid version. He further stated that he would like staff to evaluate use of hybrid versus non-hybrid for police vehicles.
Natalie spoke in support of hybrid vehicles and referenced other neighboring cities that use hybrid vehicles for their fleet.
Ady Olvera, Concord, agreed with Mr. Carr’s comments and analysis, stating she also supports transitioning to electric fleet vehicles, and her desire for the City Council to look into making that transition.
Following comments from the City Council, a motion was made by Obringer and seconded by Aliano to approve an increase in fiscal year fuel services agreement amounts with Pinnacle Petroleum from $550,000 to $650,000 and Western States Oil from $80,000 to $120,000 for unleaded and diesel fuel services, and authorize appropriations in fiscal year 2022/23 of $136,900 from the General Fund, $5,400 from the Sewer Operating Fund and $3,100 from the Building Maintenance Fund (Fund 630) to be transferred to the Fleet Maintenance Fund (Fund 633). The motion passed by the following vote:
AYES: Aliano, Birsan, Obringer, Hoffmeister NOES: None ABSTAIN: Nakamura
AWARD OF A CONSTRUCTION CONTRACT AND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557) A motion was made by Birsan and seconded by Obringer to:
1. Award a Construction Contract in the not-to-exceed amount of $1,144,010.45 (base agreement of $1,040,009.50 plus staff authority to spend up to a 10% contingency of $104,000.95) to MCK Services, Inc. for the Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557) located on Oak Grove Road between Treat Boulevard and Contra Costa Canal Trail; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and
2. Approve a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $252,530.96 (base agreement of $229,573.60 plus staff authority to spend up City Council Minutes March 7, 2023
4 to a 10% contingency of $22,957.36) to provide construction management, inspection, and materials testing services for Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557) located on Oak Grove Road between Treat Boulevard and Contra Costa Canal Trail; 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 CONSIDERATION ITEMS
ADOPTION OF RESOLUTION NO. 23-16 – Disbursement of $7 million of American Rescue Plan Act (ARPA) funds to nonprofits
Assistant City Manager Justin Ezell presented the staff report, provided background on ARPA funds, the ARPA Ad Hoc Committee recommendation process, including eligibility and scoring criteria, and an overview explaining the ARPA Ad Hoc Committee recommendations for disbursement of $7 million of ARPA funds to nonprofits.
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
The following people spoke:
Denise Hartlove, Concord
Matt Lovett, Mt. Diablo Education Foundation
Dodi Zotigh, Rainbow Community Center
Dan Dorsett, Feet First Foundation
Linda Rimac Colberg, Yours Humanly
Maren Shahade,
Parisa Zamanian, Rainbow Community Center
Dee Vieira, Rainbow Community Center
Kelly Ferguson, Rainbow Community Center
Angie Chaupe, Concord
Teena Hahn, Clayton
Vanessa Chena, Monument Impact/Concord
Matt Harrison, Community Youth Center
Steve Gonsalves, Concord
Tim Carr, Concord
Natalie
Lauren Jonas, Diablo Ballet
Elaine Schroth, Visit Concord
Vivian Boyd, Concord Historical Society
Judi Herman
Karla Guerra, Unity Council
Cora Mitchell, Concord
Nadia Cartier
City Council Minutes March 7, 2023
5 Barb Hunt
Ady Olvera, Concord
Mayor Hoffmeister recessed the meeting at 9:03 p.m. The meeting resumed at 9:21 p.m.
Following comments from the City Council, a motion was made by Aliano and seconded by Birsan to adopt Resolution No. 23-16 entitled, “A Resolution authorizing disbursement of $7 million of American Rescue Plan Act funds and authorizing the City Manager to execute grant agreements with awarded nonprofits in a form acceptable to the City Attorney.” The motion passed by the following vote:
AYES: Aliano, Birsan, Hoffmeister NOES: Nakamura, Obringer
CORRESPONDENCE
a. Agenda Item No. 6.a – Written Public Comment
b. Agenda Item No. 8.c – Increase Fiscal Year Fuel Services – Benched Correspondence c. Agenda Item No. 9.a – ARPA Funds to Nonprofits – Benched Correspondence d. Agenda Item No. 9.a – ARPA Funds to Nonprofits – 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.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on March 7, 2023, at 9:48 p.m. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
STEFANIE ANANTHAN
DEPUTY CITY CLERK