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 23, 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, May 23, 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; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Guy Bjerke, Director of Economic Development and Base Reuse; James Nakayama, Police
Captain; Mark Robison, Police Lieutenant; Kevin Marstall, Community Development Director; William Tarbox, Director of Public Works; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Dey Lei, Associate Engineer; Aldrich Bautista, Associate Engineer; Justine Gee, Associate Civil Engineer; Jeff Rayos, Senior Administrative Analyst
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Peter Bennett, Concord; Karla Casas, John Muir Behavioral Health; Rosa Lassalle, Concord Library; Natalie; Ady Olvera, Concord; David Litty, Rotary Club of Concord; Will Shekaib, Cigar Loft; Blythe Young, American Heart Association; Mayra Lopez, Contra Costa Health Tobacco Prevention Program;
Jimmy Ancira, LGBTQ Minus Tobacco; Christian Aguirre,
Rainbow Community Center; Jen Grand-Lejano, American
Cancer Society; Priya Raman, SPARC; Amaya Wooding,
LGBTQ Minus Tobacco; Abdul Kareen Muthanna, Mas Primos
Market; Alaina Noguera, Concord; Brian Davis, LGBTQ Minus Tobacco; Sam Sahota, Cork and Bottle; Ananya Pinnamaneni, California Emerging Legals Society; Jasmid; Eric Haynes, Concord; Mike McDermott, Concord; Amy Herrera Humar,
Educator; Jaime Rojas National Association of Tobacco Outlets; Chepa Cubias, Concord; Camille Cummings, African American Tobacco Control Leadership Council; Bob Gordon, American Cancer Society/Contra Costa County Tobacco Coalition; Nardos Darkera, Bay Area Community Resources; Paul Cummings,
Alameda County Public Health Department; Luz Oleas; Anahi Nava Flores, Mt. Diablo High School Social Justice Club; Rima Khoury, Council for Fumari; Ammar Nasser, Concord business owner; Anonymous
City Council Minutes May 23, 2023
2 PUBLIC COMMENT PERIOD
Peter Bennett, Concord, spoke about multiple individuals he knows who have been murdered in Concord, and his concern over his safety and the safety of his family and friends.
Karla Casas, John Muir Behavioral Health, spoke about mental health issues and the increased need for mental health services within the community, and requested sup-port of a fair contract for nurses.
Rosa Lassalle, Concord Library, announced the 2023 Concord Library Summer Reading Program.
PRESENTATIONS
PROCLAMATION – National Gun Violence Awareness Day
Mayor Hoffmeister presented Lisa Dell’Anno and Shannon Reif, Moms Demand Action for Gun Sense in America, a proclamation declaring June 2, 2023, as “National Gun Violence Awareness Day” in the City of Concord.
Mayor Hoffmeister opened a public comment period.
Natalie spoke in support of a gun storage ordinance and stated support of pairing such an ordinance with a gun buyback ordinance.
Ady Olvera, Concord, thanked the presenters and spoke in support of gun storage and putting other gun protections in place.
Mayor Hoffmeister closed the public comment period.
MT. DIABLO INTERPRETIVE ASSOCIATION – Mike Brandy and Gary Parkhurst Mayor Hoffmeister introduced Mike Brandy and Gary Parkhurst, Mt. Diablo Interpretive Association, who gave a presentation on the Mt. Diablo Education Center at Mitchell Canyon, and highlighted the plan and design for the new Education Center and Visitor’s Center.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
ANNOUNCEMENT
RECRUITMENT FOR FIVE POSITIONS AND TWO ALTERNATE POSITIONS ON THE BOARD OF
APPEALS
City Clerk Joelle Fockler announced five (5) positions for four-year terms ending February 28, 2027, and two (2) alternate positions for four-year terms ending February 28, 2027, on the Board of Appeals; and setting a deadline of Friday, June 23, 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 May 23, 2023
3 CITY COUNCIL/CITY COUNCIL SITTING AS THE 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 – April 11, 2023
A motion was made by Obringer and seconded by Aliano to approve the minutes from the April 11, 2023, regular meeting. The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT AND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Residential Pavement, Phase A Project (Project Nos. 2516, 2517, 2561, 2562, and 2563)
A motion was made by Obringer and seconded by Aliano to approve the following for the Residential Pavement, Phase A Project (Project Nos. 2516, 2517, 2561, 2562, & 2563) located in Pavement Maintenance – Zone 1B (Neighborhood South of the Pavilion, East of Kirker Pass Road), Pavement Maintenance – Zone 2B & 2E (Neighborhoods North of Concord Boulevard, West of Bailey Road, and East of Concord High School), Pavement Maintenance – Zone 3B (Neighborhood West of Oak Grove Rd, South of Woodside Elementary, and East of Citrus Ave), Pavement Maintenance – Zone 4Q (Neighborhoods West of Detroit Avenue, South of Oakmead Drive and Cowell Road, North of Monument and Systron Drive), and Pavement Maintenance – Zone 5L (Neighborhood near Mount Diablo High School, East of Grant and East Street, and North of Bonifacio Street):
1. Award a construction contract in the amount $7,998,776 to McGuire Hester, 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 Swinerton Management and Consulting, Inc. in the not-to-exceed amount of $830,144 (base agreement of $754,676 plus staff authority to spend up to a 10% contingency of $75,468) 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. Authorize the City Engineer to accept the improvements upon completion of Project Nos. 2516, 2517, 2561, 2562, & 2563, and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF A TASK ORDER, AND APPROVAL OF A BUDGET TRANSFER – Kirker Pass Road Sanitary Sewer Repair Project (Project No. 2536) A motion was made by Obringer and seconded by Aliano to approve the following for the Kirker Pass Road Sanitary Sewer Repair Project (Project No. 2536) located on Kirker Pass Road near the intersection of Clayton Road:
1. Award a construction contract in the amount $293,251 to APB General Engineering, Inc.; authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 20% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney.
2. Approve Task Order #3 with MNS Engineers, Inc. in the not-to-exceed amount of $46,594 (base agreement of $42,358 plus staff authority to spend up to a 10% contingency of $4,236) to provide construction management, inspection, and materials City Council Minutes May 23, 2023
4 testing; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.
3. Approve a budget transfer in the amount of $380,000 from the Sanitary Sewer Operating Fund.
4. Authorize the City Engineer to accept the improvements upon completion of Project No. 2536, and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
APPROVAL OF A TASK ORDER – Diablo Engineering Group of Walnut Creek, California A motion was made by Obringer and seconded by Aliano to approve Task Order #11 with Diablo Engineering Group of Walnut Creek, California, in the not-to-exceed amount of $109,820.95 (base agreement of $99,864.50 plus Staff authority to spend up to a 10% contingency of $9,956.45) to provide design and related services for Concord Community Pool Family Changing Room (Project No. 2643), located at the Concord Community Park off of Cowell Road; 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.
APPROVAL OF A TASK ORDER AND APPROVAL OF AN AMENDMENT TO A TASK ORDER – Citywide Arterial & Collector Maintenance Project (Project No. 2527) and Corporation Yard Slurry and Re- Stripe Project (Project No. 2662)
A motion was made by Obringer and seconded by Aliano to approve the following:
1. Approve a task order with Dewberry Engineers Inc. in the not-to-exceed amount of $216,990.40 (base agreement of $197,264 plus staff authority to spend up to a 10% contingency of $19,726.40) to provide construction management, inspection, and materials testing services for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527), located on up to six (6) miles of arterial and collector streets throughout the City, and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662), located at the City Corporation Yard; and make the CEQA determinations as provided in the staff report.
2. Approve Amendment No. 1 to Task Order No. 2 with Pavement Engineering Inc. (PEI) in the amount of $11,952.50, for a new total of $86,732.50 for design engineering and related services for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527) located on up to six (6) miles of arterial and collector streets throughout the City and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662) located at the City Corporation Yard; 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.
The motion passed by unanimous vote of the Council.
APPOINTMENTS TO THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE – Michael Maestas and Jonathan Nguyen
A motion was made by Obringer and seconded by Aliano to appoint Michael Maestas and Jonathan Nguyen to the Bicycle and Pedestrian Advisory Committee for four-year terms ending February 28, 2027. The motion passed by unanimous vote of the Council.
City Council Minutes May 23, 2023
5 CITY COUNCIL/LOCAL REUSE AUTHORITY CONSENT CALENDAR
APPROVAL OF AN AMENDMENT TO A CONTRACT – Guardian Security Agency A motion was made by Obringer and seconded by Aliano to approve an amendment to the contract with Guardian Security Agency in the amount of $65,000 for extended services and coverage; establish a new not-to-exceed amount of $334,000; extend the term to August 31, 2023; and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney.
CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE NO. 23-3 – Tobacco Retailers License Program Assistant City Manager Justin Ezell presented the staff report, provided background on the Tobacco Retailers License Program, explained Senate Bill (SB) 793 and the products affected, discussed the outreach conducted and community meetings held to engage the community and obtain feedback on the topic, explained recent action taken by neighboring cities and the community impact, defined hookah lounges as stated in the Development Code, and discussed compliance and enforcement around Tobacco Enforcement efforts. Mr. Ezell then explained that the Council was being asked to introduce an Ordinance amending Chapter 5.100 of the Concord Municipal Code (Tobacco Retailers License Program), which provides exceptions for existing hookah establishments, and explained the three possible Council actions as follows:
Adopt the amended ordinance as currently written;
Modify the draft amendment and then adopt the ordinance; or Reject the amendment and maintain status quo
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
The following people spoke in support of a Tobacco Retailers License Ordinance in Concord with no hookah exemption:
David Litty, Rotary Club of Concord
Blythe Young, American Heart Association
Mayra Lopez, Contra Costa Health Tobacco Prevention Program Jimmy Ancira, LGBTQ Minus Tobacco
Christian Aguirre, Rainbow Community Center
Jen Grand-Lejano, American Cancer Society
Priya Raman, SPARC
Amaya Wooding, LGBTQ Minus Tobacco
Alaina Noguera, Concord
Brian Davis, LGBTQ Minus Tobacco
Natalie
Ananya Pinnamaneni, CA Emerging Legals Society
Eric Haynes, Concord
Mike McDermott, Concord
Amy Herrera Humar
Chepa Cubias, Concord
City Council Minutes May 23, 2023
6 Camille Cummings, African American Tobacco Control Leadership Council Bob Gordon, American Cancer Society/Contra Costa County Tobacco Coalition Nardos Darkera, Bay Area Community Resources
Paul Cummings, Alameda County Public Health Department
Luz Oleas
Anahi Nava Flores, Mt. Diablo High School Social Justice Club The following people spoke in opposition of the proposed Tobacco Retailers License Ordinance in Concord:
Will Shekaib, Cigar Loft
Abdul Kareen Muthanna, Mas Primos Market
Sam Sahota, Cork and Bottle
Jasmid
Jaime Rojas, National Association of Tobacco Outlets
Rima Khoury, Council for Fumari
Ammar Nasser, Concord business owner
Anonymous
Mayor Hoffmeister closed the public comment period.
Mayor Hoffmeister recessed the meeting at 9:04 p.m. The meeting resumed at 9:16 p.m.
Following discussion by the Council, a motion was made by Aliano and seconded by Birsan to introduce Ordinance No. 23-3 entitled, “An Ordinance Amending Chapter 5.100 of the Concord Municipal Code (Tobacco Retailers License Program), including to Prohibit Flavored Tobacco Products, Prohibit the Sale of Tobacco Vape and E-Cigarette Products, Establish Minimum Price and Pack Sizes for Tobacco Products, Prohibit Couponing and Discounting for Tobacco Products, Enhance Nuisance and Enforcement Provisions, and make other Non-Substantive Text Changes,” by reading of the title only and waiving further reading, with the following amendments to the Ordinance:
Ordinance will be codified thirty (30) days following adoption, and Ordinance amendments will become effective and enforceable ninety (90) days thereafter; Text changes to Exhibit A of the Ordinance to reflect the following:
oFlavored Tobacco Product definition – include at the end of the definition, “The term Flavored Tobacco Product does not include Premium Cigar.” oInclude new definition – “Premium Cigar. A cigar that is handmade, has a tobacco leaf wrapper, has a wholesale price of no less than twelve dollars, does not have a filter tip, or nontobacco mouthpiece, and is capped by hand.”
oTypographical correction, Section 5.100.050, Subject 2 – “…No Tobacco retail Retailer License will be issued to…”
oTypographical correction, Section 5.100.050, Subject 6 – “Hookah lounges are expressly prohibited from selling Hookah, Hookah Products, Tobacco Products, or Tobacco Paraphernalia for off-site use or consumption.”
oSection 5.100.115, Subject E, Section 3 – “This subsection shall not apply to the Sale of a single Cigar that has a price of at least $10.00 $5.00, including all applicable taxes and fees.”
City Council Minutes May 23, 2023
7 The motion passed by unanimous vote of the Council.
Due to the late hour, a motion was made by Birsan and seconded by Obringer to consider the Public Hearing and, remaining items on agenda. The motion passed by unanimous vote of the Council.
Mayor Hoffmeister recessed the meeting at 11:00 p.m. The meeting resumed at 11:05 p.m.
ADOPTION OF RESOLUTION NOS. 23-44, 23-45, 23-46, AND 23-47 – Annual Engineer’s Report and Assessment Diagrams
Councilmember Nakamura recused herself from the item due to economic interest in real property resulting from proximity to her primary residence and left the dais.
Senior Administrative Analyst Jeff Rayos presented the staff report, provided a brief background on the Annual Engineer’s Report and Assessment Diagrams and explained that the Council was being requested to approve four (4) Resolutions confirming the annual Engineer’s Report and Assessment Diagrams.
Mayor Hoffmeister opened a public comment period, and upon no receiving no public comment, closed the public comment period.
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-44 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Downtown Landscape Maintenance District for Fiscal Year 2023/24.” The motion passed by the following vote:
AYES: Aliano, Birsan, Obringer, Hoffmeister NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-45 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Pine Hollow Estates Landscape and Lighting Maintenance District for Fiscal Year 2023/24.” The motion passed by the following vote:
AYES: Aliano, Birsan, Obringer, Hoffmeister NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-46 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Landscape and Lighting Maintenance District No. 3 for Fiscal Year 2023/24.” The motion passed by the following vote:
AYES: Aliano, Birsan, Obringer, Hoffmeister NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-47 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Citywide Street Lighting Assessment District for Fiscal Year 2023/24.” The motion passed by the following vote:
AYES: Aliano, Birsan, Obringer, Hoffmeister NOES: None ABSENT: Nakamura Councilmember Nakamura returned to the dais.
CORRESPONDENCE
a. Agenda Item No. 3.b – Mt. Diablo Interpretive Association – PowerPoint Presentation b. Agenda Item No. 6.a – Tobacco Retailers License Program – Benched Correspondence c. Agenda Item No. 6.a – Tobacco Retailers License Program – PowerPoint Presentation City Council Minutes May 23, 2023
8 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 May 23, 2023, at 11:25 p.m. in honor of Memorial Day and the service men and women who lost their lives in the line of service. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK