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, MAY 9, 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, May 9, 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 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 6:18 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, May 9, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Obringer. 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; Monique Robinson, Administrative Secretary; Greg Taylor, Director of Information Technology; Guy Bjerke, Director of Economic Development and Base Reuse; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Lisa Potvin-Roeber, Downtown Program Manager; Dey Lei, Associate Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Jay Bedecarre, Concord; Smitty, Bike Concord; Julie Hayakawa Torok, JA Club; Natalie; Hope Johnson, Concord; Ady Olvera, Concord; Tom Hansen, IBEW 302, Contra Costa Building
Trades; Phil Kerr, City Ventures; Judy Herman, Concord; Aaron Tiedemann, EBHO; D’Marco Anthony; Susan MacDonald;
Jonathan Kevles, Berkeley; Matthew Estipona; Cora Mitchell, Concord; Erich Christen, Coalition for Fair Employment in Construction
City Council Minutes May 9, 2023
2 PUBLIC COMMENT PERIOD
Jay Bedecarre, Concord, announced the 32nd Bay Area KidFest in downtown Concord at Mt.
Diablo High School on May 27-29, 2023.
Smitty, Bike Concord, announced Bike to Work Day on May 18, 2023.
Julie Hayakawa Torok, JA Club, thanked the City Council for the ARPA grant.
Natalie reported that the Bank of America electronic reporting machine accounting device located in the lobby will be removed and urged residents to view it before it’s removed. She also commented on loneliness.
The public comment was continued to the end of the meeting.
PRESENTATIONS
PROCLAMATION – Provider Appreciation Day
Mayor Hoffmeister presented Benu Chhabra a proclamation declaring May 12, 2023, as “Provider Appreciation Day” in the City of Concord.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, 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.
APPROVAL OF MINUTES – February 28 Special Meeting, March 11 Special Meeting, March 28, and April 4, 2023.
A motion was made by Birsan and seconded by Obringer to approve the minutes from the February 28 and March 11, 2023, special Meetings and March 28 and April 4, 2023, regular meetings.
The motion passed by unanimous vote of the Council.
APPOINTMENTS TO DESIGN REVIEW BOARD – Jack Moore and Ronald Leone This item was pulled from consideration on the Consent Calendar by Concord resident Hope Johnson who spoke in opposition to the appointment of applicant Ronald Leone.
Mayor Hoffmeister opened a public comment period.
Ady Olvera, Concord, spoke in opposition to the appointment of applicant Ronald Leone.
Mayor Hoffmeister closed the public comment period.
A motion was made by Obringer and seconded by Birsan to appoint Jack Moore to the Design Review Board for the Design Professional position for a four-year term ending February 28, 2027, and applicant Ronald Leone for the Public Member position for a four-year term ending February 28, 2027.
The motion passed by the following vote of the Council:
Ayes: Aliano, Birsan, Obringer, Hoffmeister Noes: Nakamura Absent: None City Council Minutes May 9, 2023
3 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Pacific Coast Farmers’ Market Association
A motion was made by Birsan and seconded by Obringer to approve a Professional Services Agreement with the Pacific Coast Farmers’ Market Association for a three-year term to continue to produce and manage the Concord Farmers’ Market in Todos Santos Park, 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.
AWARD OF CONTRACT – Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527) This item was pulled from consideration on the Consent Calendar by Concord resident Pablo Benavente who requested that Court Lane and the surrounding Courts be included in the project.
Mayor Hoffmeister opened a public comment period.
Ady Olvera, Concord, spoke in support of Court Lane and the surrounding Courts being included in the project.
Mayor Hoffmeister closed the public comment period.
A motion was made by Birsan and seconded by Obringer to award a Construction Contract in the not-to-exceed amount of $3,029,134.35 (base agreement of $2,753,758.50 plus staff authority to spend up to a 10% contingency of $275,375.85) to Pavement Coatings Co. for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527) located on up to 6 miles of arterial & collector streets throughout the City and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662) located at the Corporation Yard; 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(s). 2527 and 2662, and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.
CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA)
CONSIDERATION ITEM
MASTER DEVELOPER SELECTION PROCESS FOR THE FORMER CONCORD NAVAL WEAPONS
STATION AND DRAFT REQUEST FOR QUALIFICATIONS
Director of Economic Development and Base Reuse Guy Bjerke presented the staff report, including background, Request for Qualifications (RFQ) components, selection criteria, selection process/timeline, and recommended action. He reported that the Council was being asked to review the Master Developer selection process, review the Request for Qualifications, take public comments, provide direction to staff if changes are desired, and authorize the release of the Request for Qualifications.
Following questions from the Council, Mayor Hoffmeister recessed the meeting at 8:42 p.m. The meeting resumed at 8:54 p.m., and Mayor Hoffmeister opened a public comment period.
Tom Hansen, IBEW 302, Contra Costa Building Trades, stated that a Project Labor Agreement should be required and due with RFQ submission.
Phil Kerr, City Ventures, suggested that one of the criteria could be references relevant to public/private partnerships specifically around transparency, trust, and working at a local level.
Natalie spoke of labor, affordable housing, and the Environmental Impact Report.
City Council Minutes May 9, 2023
4 Judy Herman, Concord, stated that the process should be slowed down to gauge community interest.
Aaron Tiedemann, EBHO, thanked the Council for the opportunity to provide input and outreach done, requested that the City work with MTC once a master developer is selected and to include the BART property in the project.
D’Marco Anthony spoke in opposition to the Building Trades Council being a part of the project.
Susan MacDonald spoke in opposition to a Project Labor Agreement.
Hope Johnson, Concord, commented on financial disclosures, requested that the Council include environmental clean-up in the RFQ, and stated that the Seeno term sheet should not be used as a tool for this process.
Jonathan Kevles, Berkeley, encouraged the City to create a new electric utility.
Matthew Estipona spoke in opposition to a Project Labor Agreement.
Cora Mitchell, Concord, commented that the City Council should create an environment where a proposal is attainable and feasible.
Eric Christen, Coalition for Fair Employment in Construction, spoke in opposition to a Project Labor Agreement.
Ady Olvera, Concord, spoke of transparency and trust in the community.
Mayor Hoffmeister closed the public comment period.
Following discussion by the Council, staff was directed to make the following changes/additions/deletions:
1. Project Labor Agreement/Disclosure – a PLA is required with the Statement of Qualifications and disclosed to the public when the information is released to the City Council.
2. Term Sheet and Community Benefits – comments are required for informational purposes only.
3. Add question #17, “How would you approach working with the Local Reuse Authority and Navy to ensure remediation efforts are successful? What experience do you have with remediation issues in other projects?” to the Questions for Respondents in RFQ Section
5.2.4. In addition, staff was requested to modify the Questions for Respondents in RFQ Section 5.2.4 to reflect the following:
1. Add “What reasons would you cite to justify those changes?”
7. Changed require PLA (also changed in Section 3.11)
12. Remove the word “expectation”
15. Add “What previous experience do you have with BRAC conveyance?” Mayor Hoffmeister recessed the meeting at 10:36 p.m. The meeting resumed at 10:42 p.m.
Staff was directed to have the consultants participate in the August City Council meeting and prepare a robust analysis (summary table).
City Council Minutes May 9, 2023
5 CORRESPONDENCE
a. Agenda Item No. 2.a, Written Public Comment
b. Agenda Item No. 9.d, Project Nos. 2527 and 2662, Benched Correspondence c. Agenda Item No. 10.a, Master Developer Selection Process, Benched Correspondence d. Agenda Item No. 10.a, Master Developer Selection Process, PowerPoint Presentation
COUNCIL REPORTS
Councilmember Aliano asked for and received support to hold a Youth and Education Committee meeting to begin discussion on youth activities and youth services and report back to Council, and have the entire Council review rent stabilization and tenant protections rather than the item going to the Committee on Housing and Economic Development first.
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.
PUBLIC COMMENT (continued from the beginning of the meeting) Ady Olvera, Concord, spoke in support of Bike Concord and Bike to Work Day.
AD HOC COMMITTEE – Objective Design Standards
Mayor Hoffmeister created an ad hoc committee comprised of Mayor Hoffmeister and Councilmember Obringer to advise the City Manager and staff on the development of Objective Design Standards. The committee will exist until the Objective Design Standards are adopted by the City Council.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 9, 2023, at 10:59 p.m. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK