REGULAR MEETING OF THE
CONCORD CITY COUNCIL/CITY COUNCIL
SITTING AS THE CONCORD-PLEASANT HILL
HEALTH CARE DISTRICT
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JUNE 13, 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, June 13, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Nakamura.
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; Karan Reid, Director of Finance; Mark Bustillos, Police Chief; James Nakayama, Police Captain; Mark Robison, Police Lieutenant; Kevin Marstall, Community
Development Director; William Tarbox, Director of Public Works; Steve Voorhies, Director of Recreation Services; Jasmin Loi, Director of Human Resources; Carlton Thompson, City Engineer; Abhishek Parikh, Deputy Director Public Works – Transportation; Bernard Enrile, CIP Manager; Kevin Wheat, Associate Civil Engineer; Mindy Gentry, Planning Manager; Aaron Sage,
Principal Planner; Donna Lee, Budget and Treasury Officer; Bill Gallagher, Public Works Supervisor; Kylie Hicks, Budget Analyst; Ken Yee, Facilities Maintenance Manager; Kit Jory, Parks Manager; Jessie Crawford, Maintenance Superintendent; Leng Power, Community Services Manager; Jeff Rayos, Senior
Administrative Analyst
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Carlos Gama, Sun Terrace Tenants Unit; Guadalupe Plascencia, Todos Santos Tenants Unit; Guadalupe Tolento, Todos Santos Tenants Unit; Tim McGallian, Concord; Blythe Young, American Heart Association; Jimmy Ancira, LGBTQ Minus Tobacco;
Amaya Wooding, LGBTQ Minus Tobacco; Brian Davis, LGBTQ
Minus Tobacco; Mayra Lopez, Contra Costa Health Tobacco Prevention Program; Jen Grand-Lejano, American Cancer
Society Cancer Action Network; Hope Johnson, Concord; Ady Olvera, Concord; Kelly Ferguson, Director of Development for Rainbow Community Center; Johnny Rodriguez, Executive
Director for One Day at a Time (ODAT)
PUBLIC COMMENT PERIOD
Carlos Gama, Sun Terrace Tenants Unit, spoke of hardships and requested that Council pass the rent stabilization and just cause evictions as quickly as possible.
City Council Minutes June 13, 2023
2 Guadalupe Plascencia, Todos Santos Tenants Unit, spoke of hardships and her living conditions within low-income housing, and requested that Council pass the rent stabilization and just cause evictions at a future Council meeting.
Guadalupe Tolento, Todos Santos Tenants Unit, spoke of hardships and urged Council to put rent stabilization and just cause evictions on a future Council agenda.
Tim McGallian, Concord, spoke about the upcoming 4th of July celebration and the list of activities planned for the celebration.
PRESENTATION
PROCLAMATION – Elaine Schroth Day
Mayor Hoffmeister presented Elaine Schroth, CEO and President of Visit Concord, a proclamation declaring June 13, 2023, as “Elaine Schroth 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/CITY COUNCIL SITTING AS THE CONCORD-PLEASANT HILL HEALTH CARE
DISTRICT (CPHHCD) 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 – May 9, 2023
A motion was made by Obringer and seconded by Birsan to approve the minutes from the May 9, 2023, regular meeting. The motion passed by unanimous vote of the Council.
ADOPTION OF ORDINANCE NO. 23-3 – Tobacco Retailers License Program This item was pulled from consideration on the Consent Calendar by members of the public.
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:
Blythe Young, American Heart Association
Jimmy Ancira, LGBTQ Minus Tobacco
Amaya Wooding, LGBTQ Minus Tobacco
Brian Davis, LGBTQ Minus Tobacco
Mayra Lopez, Contra Costa Health Tobacco Prevention Program Jen Grand-Lejano, American Cancer Society Cancer Action Network Mayor Hoffmeister closed the public comment period.
City Council Minutes June 13, 2023
3 Following questions and discussion by the City Council, a motion was made by Aliano and seconded by Birsan to adopt Ordinance No. 23-3 entitled, “An Ordinance Amending Chapter 5.100 of the Concord Municipal Code (Tobacco Retailers License Program), Including 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." Ordinance No. 23-3 was introduced on May 23, 2023, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF BUDGET TRANSFERS AND APPROPRIATE FUNDING – Council Chamber HVAC Pipe Replacement Project (Project No. 2564) A motion was made by Obringer and seconded by Birsan to approve the following:
1. Award a construction contract in the amount $392,207 to N.V. Heathorn Co. for the Council Chamber HVAC Pipe Replacement Project (Project No. 2564); 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 budget transfers and appropriate funding in the total amount of $85,000 to the Council Chamber HVAC Pipe Replacement Project (City Project No. 2564); including $47,664.80 from the Measure Q Pavement Maintenance Project #7 - Zones 1 & 2 (City Project No. 2378, Fund 401), and $24,794.44 from Measure Q Pavement Maintenance Project #8 – Zones 1 & 2 (City Project No. 2379, Fund 401), and $12,540.76 from FY15- 16 Pavement Maintenance Zone 4 (Project No. 2332, Fund 401).
3. Authorize the City Engineer to accept the improvements upon completion of Project No. 2564 and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
CITY COUNCIL/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT (CPHHCD) CONSENT
CALENDAR
ADOPTION OF RESOLUTION NO. 23-042 – Fiscal Year 2023/24 Funding on behalf of the Concord/Pleasant Hill Health Care District
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-042 entitled, “A Resolution Authorizing the Executive Director to Disburse Funds and Execute all Attendant Documents and Agreements for Fiscal Year 2023/24 Funding on Behalf of The Concord/Pleasant Hill Health Care District (Subject to District Attorney Approval), Appropriate $55,000 from Concord/Pleasant Hill Health Care District Fund 530 Grants Funds, and Accept and Appropriate $25,000 from John Muir Health for Administration of the Program.” The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEM
INTERVIEW APPLICANTS FOR HOMELESS STRATEGIC PLAN WORKING GROUP – Active Owner or Manager of a Business Based in Concord and LGBTQI+ Community City Clerk Joelle Fockler presented the staff report, provided a brief background on the selection of applicants for the categories of Active Owner or Manager of a Business Based in Concord and the LGBTQI+ Community to the Homeless Strategic Plan Working Group. Ms. Fockler explained that the Council was being requested to interview applicants, and select the applicants by a vote for the two categories of Active Owner or Manager of a Business Based in Concord and the LGBTQI+ Community for the Homeless Strategic Plan Working Group.
City Council Minutes June 13, 2023
4 Mayor Hoffmeister recessed the meeting at 8:11 p.m. The meeting resumed at 8:17 p.m.
The City Council confirmed the interview questions used for the February 14, 2023, Homeless Strategic Plan Working Group interviews, which were used for interviews with five applicants including:
Dana Johnson
Leslie Taylor
Myles Burks
David Litty
Melissa Rea
Mayor Hoffmeister opened a public comment period.
Hope Johnson, Concord, spoke in favor of selecting a candidate for the category of Active Owner or Manager of a Business Based in Concord to be someone who operates a business in Concord as opposed to someone who represents a business, such as the Chamber of Commerce.
Ady Olvera, Concord, thanked Council for conducting the interviews and was in favor of both applicants, Dana Johnson and Leslie Taylor, for the LGBTQI+ Community representative, and was in favor of both Myles Burks and David Litty for the Active Owner or Manager of a Business Based in Concord representative.
Mayor Hoffmeister closed the public comment period.
Following comments from the City Council, a motion was made by Aliano and seconded by Obringer to appoint Dana Johnson as the representative for the LGBTQI+ Community category to the Homeless Strategic Plan Working Group. The motion passed by unanimous vote of the Council.
A motion was made by Aliano and seconded by Nakamura to appoint David Litty as the representative for the Active Owner or Manager of a Business Based in Concord category to the Homeless Strategic Plan Working Group. The motion passed by unanimous vote of the Council.
Mayor Hoffmeister took the next item out of agenda order.
CITY COUNCIL PUBLIC HEARING
APPROVAL OF ADOPTION OF THE BIENNIAL BUDGET FOR FISCAL YEARS 2023-24 AND 2024-25,
A LONG-RANGE FINANCIAL FORECAST, AND ASSOCIATED ACTIONS Budget and Treasury Officer Donna Lee presented the staff report outlining the Budget Development Process, including the public notification process, providing an overview of the proposed Biennial Budget for Fiscal Years 2023/24 and 2024-25, including Council direction provided at the May 16, 2023 budget workshop, and the follow up from Council’s direction. She stated that the City Council was being requested to:
1. Receive requested information, and, if appropriate, provide direction to staff on any changes to the final budget;
2. Adopt a Resolution approving an Interfund Loan Agreement between the City of Concord (Lender) and the Local Reuse Authority (Borrower) for the Temporary Use of $530,000 General Fund dollars to support the Base Reuse Project;
3. Adopt a Resolution authorizing the disbursement of Cannabis Community Benefit funds; City Council Minutes June 13, 2023
5 4. Adopt a Resolution amending Policy and Procedure No. 168 – Governmental Fund Balance Financial Reporting Policy;
5. Adopt a Resolution establishing the revised appropriation limit for the City of Concord for Fiscal Year 2022-23, pursuant to California Constitution Article XIII B;
6. Adopt a Resolution establishing the appropriation limit for the City of Concord for Fiscal Year 2023-24, pursuant to California Constitution Article XIII B; and
7. Adopt a Resolution adopting the Municipal Budget for Fiscal Years 2023-24 and 2024-25, including a Long-Range Financial Forecast.
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
Kelly Ferguson, Director of Development for Rainbow Community Center, requested Council support for the proposed funding request of $59,268 for a two-year period for clinical mental health services from the Cannabis Community Fund.
Mayor Hoffmeister closed the public comment period.
Following discussion by the Council, a motion was made by Obringer and seconded by Aliano to adopt Resolution No. 23-50 entitled, “A Resolution Approving an Interfund Loan Agreement Between the City of Concord (Lender) and the Local Reuse Authority (Borrower) for the Temporary Use of $530,000 General Fund Dollars to Support the Base Reuse Project.” The motion passed by unanimous vote of the Council.
A motion was made by Obringer and seconded by Nakamura to adopt Resolution No. 23-51 entitled, “A Resolution Amending Policy and Procedure No. 168 – Governmental Fund Balance Financial Reporting Policy.” The motion passed by unanimous vote of the Council.
A motion was made by Obringer and seconded by Nakamura to adopt Resolution No. 23-52 entitled, “A Resolution Establishing the Revised Appropriation Limit for the City of Concord for Fiscal Year 2022-23 Pursuant to California Constitution Article XIII B.” The motion passed by unanimous vote of the Council.
A motion was made by Obringer and seconded by Nakamura to adopt Resolution No. 23-53 entitled, “A Resolution Adopting the Municipal Budget for Fiscal Years 2023-24 and 2024-25, Including a Long-Range Financial Forecast,” with the following additions to the Resolution:
Adding one Administrative Assistant position to the Community Impact Team and one Building Inspector position to the Building Division to be focused on Code Enforcement.
The motion passed by unanimous vote of the Council.
A motion was made by Obringer and seconded by Nakamura to adopt Resolution No. 23-54 entitled, “A Resolution Establishing the Appropriation Limit for the City of Concord for Fiscal Year 2023-24 Pursuant to California Constitution Article XIII B.” The motion passed by unanimous vote of the Council.
A motion was made by Obringer and seconded by Nakamura to adopt Resolution No. 23-55 entitled, “A Resolution Authorizing the Disbursement of Cannabis Community Benefit Funds,” with the following amendments to the Resolution:
1. Removal from Section 3.a – $28,000 through the organization Community Initiatives, to support the One Day at a Time (ODAT) Program for two years ($14,000 per year); and defer this item to the August 8, 2023, Council meeting as a separate item for Council consideration.
2. Addition to Section 3.a – $59,268 to support Clinical Mental Health Services at the Rainbow Community Center for two years ($29,643 per year). The second year of City Council Minutes June 13, 2023
6 disbursement shall be contingent upon City Manager’s verification of expenditures and documentation of such organization having met performance requirements.
The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEM
ADOPTION OF RESOLUTION NO. 23-56 – California Assembly Bill (AB) 2097 Councilmember Obringer recused herself from the item due to economic interest in real property that is included within the areas affected, namely her owned, personal residence, and left the meeting.
Principal Planner Aaron Sage presented the staff report and explained AB 2097, the exemptions from AB 2097, including housing projects exempt from impact findings, procedures to implement AB 2097, and explained that Council was being requested to adopt a Resolution implementing the provisions of AB 2097.
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 Nakamura and seconded by Birsan to adopt Resolution No. 23-56 entitled, “Considering Adoption of a Resolution Implementing the Provisions of California Assembly Bill 2097, Including: (1) Requiring Automobile Parking Impact Studies for Qualifying Development Projects within One-Half Mile of a Major Transit Stop that do not Meet the Minimum Automobile Parking Requirements of the Concord Development Code (CDC); (2) Authorizing the City Manager or Designee to Determine Whether such Projects Would Have a Substantially Negative Impact as Defined in California Government Code Section 65863.2(b), and if so, to Make Written Findings that such Impact Would Occur and to Enforce such CDC Parking Requirements; and (3) Establishing a Public Notification and Appeals Process for such Determinations.” The motion passed by the following vote:
AYES: Aliano, Birsan, Nakamura, Hoffmeister NOES: None ABSENT: Obringer
CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 4.d – Concord/Pleasant Hill Health Care District Funding – Benched Attachment c. Agenda Item No. 5.a – Homeless Strategic Plan Working Group – Benched Correspondence d. Agenda Item No. 5.b – AB 2097 – PowerPoint Presentation e. Agenda Item No. 6.a – FY 2023/24 and 2024/25 Biennial Budget – Benched Staff Report Language for Local Reuse Authority Staffing Allocations f. Agenda Item No. 6.a – FY 2023/24 and 2024/25 Biennial Budget – Benched Correspondence g. Agenda Item No. 6.a – FY 2023/24 and 2024/25 Biennial Budget – PowerPoint Presentation h. Letter to Assembly Member Wicks RE: AB 1657 (Wicks) The Affordable Housing Bond Act of 2024 Notice of Support (as of 4/17/2023), dated June 1, 2023
COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.
City Council Minutes June 13, 2023
7 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 13, 2023, at 11:12 p.m. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK