REGULAR MEETING OF THE
CONCORD CITY COUNCIL/CITY COUNCIL
SITTING AS THE LOCAL REUSE AUTHORITY
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MARCH 14, 2023
The Concord City Council met in a regular meeting in the City Council Conference Room, 1950 Parkside Drive, Concord, California at 6:00 p.m. on Tuesday, March 14, 2023, with Mayor Hoffmeister presiding. All councilmembers were present. 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 Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case.
The meeting recessed at 6:15 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 14, 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; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Tamra Roberts, Police Lieutenant; Mindy Gentry, Planning Manager; Aaron Sage, Principal Planner; Joan Ryan, Principal Planner; Ryan Lenhardt, Senior Planner
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Robyn Kustalis, Rainbow Community Center; Doti Zotigh, Rainbow Community Center; Tim Carr, Concord, Kent Green, Concord; Elsie Mills, Rainbow Community Center; Vanessa Chena, Monument Impact; Celia Montes, Contra Costa Regional Group, First Five Contra Costa (CCRG); Marisol Chavez, CCRG; Julia Zermeno, CCRG; Kent Green, Concord Claudia Vazquez, CCRG; Elba Velasquez, Monument Impact; Carlos M. Gama;
Betty Gabaldon; Erica Flores; Guadalupe Tolento; Rev. Millie Phillips, Faith Alliance for a Moral Economy; Kristi Laughlin, EBASE, Raise the Roof; Natalie; Debra Ballinger, EBHO; Ady Olvera, Concord; Cora Mitchell, Concord; Judith Ortiz,
Monument Impact; Aaron Tiedemann, EBHO; Wallace; Victor Flores, Green Belt Alliance; Bill Whitney, Contra Costa Building Trades; Rachel Shoemake, IBEW 302; Eric Haynes, Concord; Robert Ring, Concord; Nick Goodwin; Phil Kerr, City Ventures; Joshua Anijar; David Calderon, BAC Local 3; Natalie; Natalie City Council Minutes March 14, 2023
2 Bonnewit; Hope Johnson, Concord; Aaron Tiedelmann, EBHO, D’Marco Anthony, Concord; Kenneth
PUBLIC COMMENT PERIOD
Robyn Kustalis, Rainbow Community Center, spoke in opposition to the Rainbow Community Center not receiving ARPA funds.
Doti Zotigh, Rainbow Community Center, spoke in opposition to the Rainbow Community Center not receiving ARPA funds.
Tim Carr, Concord, stated that the ARPA funding process should have been vetted through the Community Services Commission.
Kent Green, Concord, spoke in support of the Trans community.
Elsie Mills, Rainbow Community Center, spoke in support of the Rainbow Community Center.
The Public Comment Period was continued to the end of the meeting.
CITY COUNCIL CONSENT CALENDAR
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF MINUTES – January 17, 2023
A motion was made by Obringer and seconded by Birsan to approve the minutes from the meeting on January 17, 2023. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 23-17 – Street Names for Villas at Walters Place Townhomes Subdivision (Tract No. 9585)
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-17 entitled, “A Resolution Approving the Street Names for the Villas at Walters Place Townhomes Subdivision (Tract No. 9585), located at 1200 Detroit Avenue.” The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 23-18 – Street name for Walnut Grove Major Subdivision (Tract No. 9434)
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-18 entitled, “A Resolution Approving the Street Name for the Walnut Grove Major Subdivision (Tract No. 9434), near the intersection of Mohr Lane and Wicket Court.” The motion passed by unanimous vote of the Council.
Mayor Hoffmeister took the next agenda item, Housing Element Update, out of agenda order.
CITY COUNCIL PUBLIC HEARING
ADOPTION OF RESOLUTION NO. 23-19 – Housing Element Update Principal Planner Aaron Sage presented the staff report and explained that the Council was being requested to adopt a Resolution:
1. Adopting the Initial Study/Negative Declaration for the 2023-2031 Housing Element Update (PL23013 – GP) (“2023-2031 HEU”);
City Council Minutes March 14, 2023
3 2. Finding the 2023-2031 HEU exempt pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption;
3. Finding the 2023-2031 HEU substantially complies with Government Code section 65580 et seq. (“Housing Element Law);
4. Approving a General Plan Amendment repealing the 2014-2022 Housing Element and adopting the 2023-2031 HEU; and
5. Authorizing the City Manager or designee to make changes to the 2023-2031 HEU to achieve internal consistency or address non-substantive changes or amendments requested by the Department of Housing and Community Development to certify the 2023-2031 HEU.
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
Kay Vassini, California Apartment Association, spoke in opposition to rent control.
The following people spoke in support of the Housing Element and just cause for evictions and rent control by June 2023:
Vanessa Chena, Monument Impact
Celia Montes, Contra Costa Regional Group, First Five Contra Costa (CCRG) Marisol Chavez, CCRG
Julia Zermeno, CCRG
Kent Green, Concord
Claudia Vazquez, CCRG
Elba Velasquez, Monument Impact
Carlos M. Gama
Betty Gabaldon
Erica Flores
Guadalupe Tolento
Rev. Millie Phillips, Faith Alliance for a Moral Economy Kristi Laughlin, EBASE, Raise the Roof
Natalie
Debra Ballinger, EBHO
Ady Olvera, Concord
Cora Mitchell, Concord
Judith Ortiz, Monument Impact
Aaron Tiedemann, EBHO, stated that the site inventory isn’t realistic.
Wallace spoke against just cause for evictions and rent control by June 2023.
Victor Flores, Green Belt Alliance, stated that there is a lack of housing sites in affluent areas.
Mayor Hoffmeister closed the public comment period and recessed the meeting at 9:08 p.m. The meeting resumed at 9:25 p.m.
City Council Minutes March 14, 2023
4 Following comments from the City Council, a motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 23-19 entitled, “A Resolution Adopting the Initial Study/Negative Declaration for the 2023-2031 Housing Element Update (“2023-2031 HEU”); Finding the 2023-2031 HEU Exempt Pursuant to CEQA Guidelines Section 15061(b)(3), the Common Sense Exemption; Finding the 2023-2031 HEU Substantially Complies with Government Code Section 65580 et seq. (“Housing Element Law”); Approving a General Plan Amendment Repealing the 2014-2022 Housing Element and Adopting the 2023-2031 HEU; Authorizing the City Manager or Designee to Make Changes to the 2023-2031 HEU to Achieve Internal Consistency or Address Non-Substantive Changes or Amendments Requested by the Department of Housing and Community Development to Certify the 2023-2031 HEU (PL23013 – GP); and Making other Related Findings and Delegations as Appropriate.” The motion passed by unanimous vote of the Council.
Mayor Hoffmeister recessed the meeting at 9:59 p.m. The meeting resumed at 10:06 p.m.
CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA) CONSIDERATION ITEM
STUDY SESSION ON DESIRED TERM SHEET PARAMETERS AND METHOD FOR SELECTING
MASTER DEVELOPER
Director of Economic Development and Base Reuse Guy Bjerke presented the staff report, provided background on the Master Developer selection process, discussed the Term Sheet Considerations, explained that staff is seeking feedback from Council on the Term Sheet Considerations and recommended Master Developer selection process, and gave an overview on the proposed selection method for a hybrid Request for Qualifications (RFQ).
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
The following people spoke in favor of having a Project Labor Agreement (PLA) in place prior to selection of a Master Developer and a short RFP process:
Bill Whitney, Contra Costa Building Trades
Rachel Shoemake, IBEW 302
Eric Haynes, Concord
Robert Ring, Concord
Nick Goodwin
Phil Kerr, City Ventures
Joshua Anijar
David Calderon, BAC Local 3
Vanessa Chena, Monument Impact, stated that there should be more affordable housing not including junior accessory dwelling units.
Natalie stated that the PLA should be made public, the project should adhere to tight deadlines, and urban farming should be incorporated into the project.
Natalie Bonnewit stated that the City should look for new funding opportunities.
Hope Johnson, Concord, stated that third party intervention is needed and draft term sheets should be included with submissions.
Cora Mitchell stated that the City should learn from past mistakes.
Ady Olvera, Concord, stated that the PLA and term sheet should be included with submissions.
City Council Minutes March 14, 2023
5 Aaron Tiedelmann, EBHO, stated that the City should look for regional and state bodies for partnerships.
Mayor Hoffmeister closed the public comment period.
Following discussion by the Council, staff was directed to use the following questions to interview prospective master developers, and community stakeholders:
1. Should a Project Labor Agreement (PLA) continue to be required? If so:
a. Should a prospective master developer be required to negotiate and reach agreement on a PLA prior to LRA selecting a new master developer or should negotiation of a PLA be deferred until after master developer selection?
b. Should the LRA require that the terms of any PLA be disclosed to the City Council and public?
c. Rather than a public disclosure of the PLA, would a public disclosure by the prospective master developer summarizing the scope and potential financial impacts of the PLA be more appropriate?
2. Should the LRA express a willingness to consider changes to aspects of the Area Plan to enhance the financial feasibility of the project?
a. Is the LRA willing to increase the residential unit cap in the Area Plan? b. If the residential unit cap is increased, how should the Affordable Housing component be addressed to respond to the increase?
c. What is realistic green frame (buffer) expectation north of Willow Pass Road?
3. Should the project’s first phase be guided by the market or should it, regardless of market conditions, be required to incorporate Transit Oriented Development (TOD) near the North Concord BART Station? If yes to requiring incorporation of TOD in phase 1, are there parameters on what would be acceptable to the LRA?
4. Should the community benefits proposed in the latest (CFP) Term Sheet (see Attachment 1 for a listing) not already discussed above be required in the future Term Sheet, subject to demonstration of financial feasibility?
5. Should the LRA require the master developer to provide quarterly reporting of litigation, threats to the company’s financial condition, and changes to company leadership? Should other topics be added to this required disclosure?
6. Should the City continue to require that the Specific Plan and CEQA documents include the North Concord BART Station property?
PUBLIC COMMENT PERIOD (Continued)
Eric Haynes stated that you can contact the City of Concord and ask for a copy of the PLA.
Natalie spoke of cleaning up the area by the Park and Ride and stated that ARPA funds should have gone to Rainbow Community Center.
Hope Johnson, Concord, spoke of her disappointment that ARPA funds did not go to Rainbow Community Center, and stated that because Councilmember Aliano works for Senator Glazer it is a conflict of interest for him to serve as a councilmember.
D’Marco Anthony, Concord, stated that Vice Mayor Birsan did a huge disservice to the community in the way he explained his opinion about the Rainbow Community Center not receiving ARPA funds.
City Council Minutes March 14, 2023
6 Ady stated that the Public Comment Period at the beginning of meetings should be extended to ½ hour.
Cora Mitchell spoke about funding for the Levin Organization.
Kenneth stated that the Mayor runs Council meetings unprofessionally.
Mayor Hoffmeister closed the public comment period.
A motion was made by Birsan and seconded by Nakamura to continue the meeting after 10 p.m.
The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Agenda Item No. 8.a – Term Sheet Study Session – Benched Correspondence b. Agenda Item No. 8.a – Term Sheet Study Session – PowerPoint Presentation c. Agenda Item No. 9.a – Housing Element Update – Benched Correspondence d. Agenda Item No. 9.a – Housing Element Update – 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 15, 2023, at 12:40 a.m. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK