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, APRIL 11, 2023
The Concord City Council met in a regular meeting in the City Council Conference Room, 1950 Parkside Drive, Concord, California at 5:06 p.m. on Tuesday, April 11, 2023, with Vice Mayor Birsan presiding. Mayor Hoffmeister and Councilmember Obringer were absent. Vice Mayor Birsan opened a public comment period on all closed session items, 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 — EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code) Name of case: Stephen Burke v. City of Concord; Contra Costa County Superior Court Case No. MSC22-00150. Mayor Hoffmeister arrived at 5:24 p.m. and Councilmember Obringer arrived at 5:28 p.m. Mayor Hoffmeister presided over 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; 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 6:17 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 6:50 p.m. on Tuesday, April 11, 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; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Guy Bjerke, Director of Economic Development and Base Reuse; Mark Bustillos, Chief of Police; James
Nakayama, Police Captain; Kevin Halm, Provisional Lieutenant; Paul Van Diver, Police Officer; Carlton Thompson, City Engineer; Justine Gee, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer; Trish Beirne, Emergency & Volunteer Services Manager; Mindy Gentry, Planning Manager; Joan Ryan,
Principal Planner; Michael Hart, Associate Planner
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Natalie; Cristina Zaldana, Rainbow Community Center; Kate Thomas, Concord; Meghan Sweeney; Hope Johnson, Concord; Anonymous; Christine Ghodrati, Markham Board Member; Ady Olvera, Concord; Cora Mitchell, Concord; Ray Barbour, Concord City Council Minutes April 11, 2023
2 PUBLIC COMMENT PERIOD
Natalie spoke in support of ARPA funding for the Rainbow Community Center.
The following people spoke of concern over the Rainbow Community Center not receiving ARPA funding:
Cristina Zaldana, Rainbow Community Center
Kate Thomas, Concord
Meghan Sweeney
Hope Johnson, Concord, informed the City Council that the meeting was not streaming on the City’s website.
PRESENTATIONS
FEDERAL FUNDING FOR TRAFFIC AND PEDESTRIAN SAFETY AND ACCESSIBILITY PROJECT – Congressman Mark DeSaulnier (CA-10)
Mayor Hoffmeister introduced Congressman Mark DeSaulnier (CA-10) who gave a presentation on the federal funding he secured for a traffic and pedestrian safety and accessibility project for the City of Concord.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
OAK GROVE BEHAVIORAL HEALTH CAMPUS – Suzanne Tavano, Ph.D.
Mayor Hoffmeister introduced Suzanne Tavano, Ph.D., Contra Costa Health Services Director of Behavioral Services who gave a presentation on the Oak Grove Behavioral Health Campus located at 1034 Oak Grove Road.
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
Anonymous stated that parking is an issue and no impact study was conducted.
Mayor Hoffmeister closed the public comment period.
ANNOUNCEMENT
RECRUITMENT FOR OPENINGS ON CITY BOARDS AND COMMISSIONS – Concord’s Commission on Aging; Community Services Commission; Concord/Pleasant Hill Health Care District Grant Committee; and Parks, Recreation and Open Space Commission
City Clerk Joelle Fockler announced openings on Concord’s Commission on Aging; Community Services Commission; Concord/Pleasant Hill Health Care District Grant Committee; and Parks, Recreation and Open Space Commission; and setting a deadline of Friday, May 12, 2023, at 5 p.m. for applications to be due to the City Clerk.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
City Council Minutes April 11, 2023
3 CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) 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 28 and February 7, 2023
A motion was made by Birsan and seconded by Obringer to approve the minutes from the meetings on January 28 and February 7, 2023. The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT – Meadow Lane/Market Street Paving (Project No. 2582) A motion was made by Birsan and seconded by Obringer to award a Construction Contract in the amount of $3,977,859.50 to Ghilotti Bros., Inc. and authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and authorize the City Engineer to accept the improvements upon completion of Project No. 2582, and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Pavement Engineering Inc. (Project No. 2616)
A motion was made by Birsan and seconded by Obringer to approve a Professional Services Agreement with Pavement Engineering Inc. in the not-to-exceed amount of $158,812.50 (base agreement of $144,375 plus Staff authority to spend up to a 10% contingency of $14,437.50) for design engineering and related services for Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616), on Landana Drive from Concord Boulevard to Willow Pass Road, Farm Bureau Road from Willow Pass Road to Wren Avenue, and Laguna Street from Detroit to Galindo Street; 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. 23-25 – California Governor’s Office of Emergency Services (Cal OES)
A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 23-25 entitled, “A Resolution Authorizing the Designation of Applicant Agent Resolution to the California Governor’s Office of Emergency Services (Cal OES).” The motion passed by unanimous vote of the Council.
APPROVAL OF A FIVE-YEAR LICENSE AGREEMENT – Markham Regional Arboretum Society This item was pulled from consideration on the Consent Calendar by Concord resident Natalie, who stated that standards should be placed for community gardens and spoke in opposition to approval of the agreement.
Following questions by the City Council, Mayor Hoffmeister opened a public comment period.
Christine Ghodrati, Markham Board Member, spoke in support of the agreement.
Ady Olvera, Concord, spoke in support of Natalie and in opposition to approval of the agreement.
Cora Mitchell, Concord, questioned the process and stated that a GARE assessment should be completed prior to approval of the agreement.
City Council Minutes April 11, 2023
4 Mayor Hoffmeister closed the public comment period.
A motion was made by Obringer and seconded by Birsan to approve a five-year License Agreement with Markham Regional Arboretum Society for the purpose of planning, funding, and implementing improvement and maintenance projects and community gardens in coordination with the City; and authorize the City Manager to sign the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT, AND APPROVAL OF BUDGET TRANSFERS – Pavement Maintenance Zone 5J (Project No. 2526)
A motion was made by Birsan and seconded by Obringer to:
1. Award construction contract in the amount $2,922,387 to Radius Earthwork, Inc.; authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney.
2. Approve a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $346,453.49 (base agreement of $314,957.72 plus staff authority to spend up to a 10% contingency of $31,495.77) to provide construction management, inspection, and materials testing; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.
3. Approve budget transfers in the total amount of $350,000 to Project No. 2526; including $250,000 from PJ 2444 (Pavement Maintenance Zone 4, Fund 260), and $100,000 from PJ 2556 (Pothole and Base Repair #2 Project, Fund 407).
4. Authorize the City Engineer to accept the improvements, upon completion of Project No. 2526, and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR
APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH BURKE, WILLIAMS & SORENSON, LLP - Master Developer Selection process at the former Concord Naval Weapons Station
This item was pulled from consideration on the Consent Calendar by Concord resident Hope Johnson, who stated that proposed Master Developers should submit a draft term sheet with proposals for the Master Developer Selection process for the former Concord Naval Weapons Station.
Mayor Hoffmeister opened a public comment period.
Ady Olvera, Concord, stated that there has not been any outreach regarding the Term Sheet.
Cora Mitchell, Concord, stated that there has not been any outreach regarding the Term Sheet.
Mayor Hoffmeister closed the public comment period.
A motion was made by Aliano and seconded by Birsan to approve an amendment to the Professional Services Agreement (PSA) with Burke, Williams & Sorenson, LLP in the amount of $148,274.94 for work completed in responding to a Public Records Act request regarding the Master Developer Selection process at the former Concord Naval Weapons Station and work to draft a new Request for Qualifications with associated documents for future Master Developer Selection establishing a new total not-to-exceed amount of $208,274.94; and authorize the City Manager to execute the City Council Minutes April 11, 2023
5 amendment in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
Mayor Hoffmeister took the next item out of agenda order.
CITY COUNCIL PUBLIC HEARING
ADOPTION OF RESOLUTION NO. 23-27 AND INTRODUCTION OF ORDINANCE NO. 23-1 – Infinity Assets Concord LLC (dba “Cookies”)
Associate Planner Michael Hart presented the staff report and explained that the Council was being requested to adopt a Resolution approving an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis microbusiness with storefront retail for Infinity Assets Concord LLC (dba “Cookies”) at 5121 Port Chicago Highway; APN 159-040-037 (PL22021 – AP, ME, DR, DA); and introduce an ordinance approving and adopting a Development Agreement by and between the City of Concord and Infinity Assets Concord LLC (dba “Cookies”) regarding the development of property located at 5121 Port Chicago Highway; APN 159-040-037 (PL22021 – AP, ME, DR, DA) by reading of the title only and waiving further reading.
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 Aliano and seconded by Birsan to adopt Resolution No. 23-27 entitled, “A Resolution Approving an Administrative Permit, Minor Exception, and Design and Site Review for a Cannabis Microbusiness with Storefront Retain for Infinity Assets Concord LLC at 5121 Port Chicago Highway, APN: 159-040-037 (PL22021 – AP, ME, DR, DA).” The motion passed by unanimous vote of the Council.
A motion was made by Aliano and seconded by Birsan to introduce Ordinance No. 23-1 entitled, “An Ordinance Approving and Adopting a Development Agreement by and between the City of Concord and Infinity Assets Concord, LLC (DBA “Cookies”) Regarding the Development of Property Located at 5121 Port Chicago Highway, APN: 159-040-037 (PL22021 – AP, ME, DA, DR)” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEMS
Mayor Hoffmeister took the next item out of agenda order.
ADOPTION OF RESOLUTION NO. 23-26 – Concord Police Department Military Equipment Report for 2022 and Inventory for 2023
Provisional Lieutenant Kevin Halm presented the staff report and explained that the City Council was being requested to adopt a Resolution accepting the Concord Police Department Military Equipment Report for 2022 and Inventory for 2023, determine to continue Ordinance No. 22-6 and Concord Police Department Policy 706: Military Equipment, and determine that each type of military equipment identified in the report has complied with the standards for approval pursuant to Ordinance No 22-6 and AB 481.
Mayor Hoffmeister opened a public comment period.
The following people spoke in support of adoption of the Resolution:
Anonymous
Ray Barbour, Concord
The following people spoke in opposition to adoption of the Resolution:
City Council Minutes April 11, 2023
6 Ady Olvera, Concord
Hope Johnson, Concord
Cora Mitchell, Concord
Mayor Hoffmeister closed the public comment period.
A motion was made by Aliano and seconded by Birsan to adopt Resolution No. 23-26 entitled, “A Resolution Accepting the Concord Police Department Military Equipment Report for 2022 and Inventory for 2023, Determining to Continue Ordinance No. 22-6 and Concord Police Department Policy 706:
Military Equipment, and Determining that Each Type of Military Equipment Identified in the Report has Complied with the Standards for Approval Pursuant to Ordinance No. 22-6 and AB 481.” The motion passed by unanimous vote of the Council.
Mayor Hoffmeister recessed the meeting at 9:40 p.m. The meeting resumed at 9:52 p.m.
STUDY SESSION FOR OBJECTIVE DESIGN STANDARDS
A motion was made by Obringer and seconded by Aliano to continue the item to the May 2, 2023, City Council Meeting. The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Agenda Item No. 7.b, Oak Grove Wellness Campus PowerPoint Presentation b. Agenda Item No. 9.e, Agreement with Markham Regional Arboretum Society Benched Correspondence
c. Agenda Item No. 9.g, Amendment to Agreement with Burke, Williams & Sorenson, LLP Benched Correspondence
d. Agenda Item No. 10.a, Objective Design Standards, PowerPoint Presentation e. Agenda Item No. 10.b, Police Use of Military Equipment, PowerPoint Presentation f. Agenda Item No. 11.a, Infinity Assets Concord LLC dba “Cookies” 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 April 11, 2023, at 9:58 p.m. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK