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, AUGUST 8, 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, August 8, 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; Patti Barsotti, City Treasurer; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Monique Robinson, Administrative Secretary; Greg Taylor, Director of Information Technology; Mark Bustillos, Police Chief; James Nakayama, Police Captain; Kevin Marstall, Director of Community Development; William Tarbox, Director of Public Works; Guy Bjerke, Economic Development and Base Reuse; Karan Reid, Director of Finance; Ryan Pursley, Chief Building Official; Sam Staten, Police Lieutenant; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Abhishek Parikh, Deputy Director Public Works – Transportation; Deyuanne Lei, Associate Civil Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Ty Hudson, Unite Here Local 2; Shelia Shallop and Dee Sharff; Erik Owens, Concord; Ady Olvera, Concord; Robert Prinz, Advocacy Director for Bike East Bay; Anonymous; Cora Mitchell, Concord; Tim Carr, Concord
PUBLIC COMMENT PERIOD
Ty Hudson, Unite Here Local 2, stated that the Council should make Brookfield Properties, a potential Master Developer for the Concord Naval Weapons Station, do better work than they have done on other projects.
Sheila Shallop and Dee Sharff spoke of their desire to establish their business in the Salvio Pacheco Square area, and about promoting health and wellness within the City of Concord.
The following people spoke about the importance of bicycle and pedestrian safety, and increasing safety by adding more roadway protections:
Erik Owens, Concord
Ady Olvera, Concord
Robert Prinz, Advocacy Director for Bike East Bay
Anonymous
City Council Minutes August 8, 2023
2 PRESENTATION
MAYOR’S CUP GOLF TOURNAMENT
Mayor Hoffmeister presented the proceeds from the Mayor’s Cup Golf Tournament held May 19, 2023, to the Concord Ambassadors (received by Mike Pastrick and Mary Rae Lehman), and The First Tee Contra Costa Youth Golf Program (received by Jamie Maddox).
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
ANNOUNCEMENT
RECRUITMENT FOR ONE (1) OPENING FOR THE CITY OF CONCORD’S REPRESENTATIVE ON THE CONTRA COSTA TRANSPORTATION AUTHORITY – CITIZEN’S ADVISORY COMMITTEE City Clerk Joelle Fockler announced one (1) opening for the City of Concord’s Representative on the Contra Costa Transportation Authority – Citizen’s Advisory Committee, and setting a deadline of Friday, September 8, 2023, at 5 p.m. as the deadline for receipt of applications by the City Clerk.
CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY 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 – June 13 and 27, 2023
A motion was made by Aliano and seconded by Obringer to approve the minutes from the June 13 and 27, 2023 regular meetings. The motion passed by unanimous vote of the Council.
TREASURER’S REPORT – April 1 – June 30, 2023
A motion was made by Aliano and seconded by Obringer to receive the Treasurer’s Report for the period April 1 – June 30, 2023. The motion passed by unanimous vote of the Council.
ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS – California Automated Permit Processing (CalAPP) Program
A motion was made by Aliano and seconded by Obringer to accept and appropriate $80,000 in California Automated Permit Processing (CalAPP) Program grant funds from the California Energy Commission to implement online automated instant Solar Photovoltaic building permits. The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT – VS Electric for the Police Department Generator and Transfer Switch Replacement Project (Project No. 2653)
A motion was made by Aliano and seconded by Obringer to award a Construction Contract in the not-to-exceed amount of $400,885.20 (base agreement of $334,071 plus staff authority to spend up to a 20% contingency of $66,814.20) to VS Electric for the Police Department Generator and Transfer Switch Replacement Project (Project No. 2653) for the purchase of equipment and installation of emergency back-up generator and associated automatic transfer switch; and authorize the Mayor to execute the contract 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.
City Council Minutes August 8, 2023
3 APPOINTMENT OF APPLICANTS – Concord Commission on Aging, Concord Community Services Commission, Concord/Pleasant Hill Health Care District Grant Committee, and Concord Parks, Recreation and Open Space Commission
A motion was made by Aliano and seconded by Obringer to appoint the following applicants:
1. David Afinowicz, Gabriele Orbell, and Johana Segura to the Concord Commission on Aging for four-year terms ending June 30, 2027; Isabel Lara to the Concord Community Services Commission for the remainder of a four-year term ending June 30, 2025; Tim Carr, David Miller, and Paul Wood to the Concord Community Services Commission for four-year terms ending June 30, 2027; and Luz E. Palomera Sierra and Mike Tiktinsky to the Concord/Pleasant Hill Health Care District Grant Committee for four-year terms ending June 30, 2027, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Aliano/Nakamura); and
2. John Pamer to the Concord Parks, Recreation, and Open Space Commission for the remainder of a four-year term ending June 30, 2025; and Kandi Lancaster and Mark Sinclair to the Concord Parks, Recreation, and Open Space Commission for four-year terms ending June 30, 2027, as recommended by the Council Committee on Youth and Education (Nakamura/Aliano).
The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 23-58 – Officer Wellness and Mental Health Grant Program A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-58 entitled, “A Resolution Accepting and Appropriating Grant Funding from the Board of State and Community Corrections (BSCC) in the Amount of $93,376.99 for the Officer Wellness and Mental Health Grant Program.” The motion passed by unanimous vote of the Council.
APPROVAL OF TWO (2) SEPARATE PROFESSIONAL SERVICES AGREEMENTS – SyTech Solutions and Hines EDM
A motion was made by Aliano and seconded by Obringer to approve two separate Professional Services Agreements, each in the not-to-exceed amount of $100,000 per year, each for a five-year term, with SyTech Solutions and Hines EDM for permit records imaging services, and authorize the City Manager to execute the agreements in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
INTRODUCTION OF ORDINANCE NO. 23-4 AMENDING CONCORD MUNICIPAL CODE CHAPTERS
15.08 (APPEALS OF THE CITY OF CONCORD CONSTRUCTION CODE), 15.10 (BUILDING CODE),
15.20 (PLUMBING CODE), AND 15.50 (MULTI-FAMILY RENTAL DWELLING UNITS) AND ADOPTION OF RESOLUTION NO. 23-6042.3 AMENDING THE APPEAL TO BOARD OF APPEAL FEE – Board of Appeals
A motion was made by Aliano and seconded by Obringer to introduce Ordinance No. 23-4 entitled, “An Ordinance Amending Concord Municipal Code Chapter 15.08 (Appeals of the City of Concord Construction Code), Chapter 15.10 (Building Code), Chapter 15.20 (Plumbing Code), and Chapter 15.50 (Multi-Family Rental Dwelling Units)” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-6042.3 entitled, “A Resolution Amending the Appeal to Board of Appeal Fee by amending Exhibit A to Resolution No. 78-6042 (Establishing Fees and Charges for Various Municipal Services in the City of Concord.” The motion passed by unanimous vote of the Council.
City Council Minutes August 8, 2023
4 CITY COUNCIL/LOCAL REUSE AUTHORITY CONSENT CALENDAR
AWARD OF A CONTRACT – Guardian Security Agency
This item was pulled from consideration on the Consent Calendar.
Director of Economic Development and Base Reuse Guy Bjerke provided a summary of the staff report and explained the elements of the proposed contract for security guard services at the former Concord Naval Weapons Station to Guardian Security Agency.
Following questions from the City Council, Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
Following discussion by the City Council, staff was directed to add information about users and costs on the Concord Naval Weapons Station Project website – updating as appropriate, and a motion was made by Aliano and seconded by Obringer to award a contract for security guard services at the former Concord Naval Weapons Station to Guardian Security Agency, in the not-to-exceed amount of $422,000 (consisting of $400,000 based on the estimated need for services which includes temporary 24/7 security, plus an additional $22,000 should the City require additional services) for the initial term to June 30, 2024, with the option to extend the contract two (2) additional one (1) year periods in the not-to- exceed amount of $422,000 for each extension term (up to a total amount of $1,266,000); and authorize the City Manager to execute the contract in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
RESPONSE TO CONTRA COSTA GRAND JURY REPORT NO. 2305 – Concord Naval Weapons Station “A Promise Unfulfilled”
This item was pulled from consideration on the Consent Calendar.
Director of Economic Development and Base Reuse Guy Bjerke provided a summary of the staff report, highlighting the six (6) topics addressed in Grand Jury Report No. 2305, Concord Naval Weapons Station “A Promise Unfulfilled.”
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
Cora Mitchell, Concord, expressed concern regarding information contained in the Grand Jury Report and requested that staff provide a formal presentation on the agenda item at a future Council meeting.
Mayor Hoffmeister closed the public comment period.
Following discussion by the City Council, staff was directed to add a footnote to the 5.a recommendation in the response noting that the Council, acting as the Local Reuse Authority, approved a new security guard contract on August 8, 2023, increasing GoMentum Station’s estimated share of future costs to 90 percent, and a motion was made by Aliano and seconded by Birsan to approve the City/Local Reuse Authority Response to Contra Costa County Grand Jury Report No. 2305, Concord Naval Weapons Station "A Promise Unfulfilled." The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEM
ADOPTION OF RESOLUTION NO. 23-59 – One Day at a Time (ODAT) Assistant City Manager Justin Ezell presented the staff report, provided additional information and background about the One Day at a Time (ODAT) program and the request for a one-time appropriation and disbursement of $28,000 through the organization Community Initiatives, to support the ODAT City Council Minutes August 8, 2023
5 Program for two years, and explained that Council was being requested to adopt a Resolution amending Resolution No. 23-55 authorizing the disbursement of Cannabis Community Benefit Funds.
Following questions from the City Council, Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
Following discussion by the City Council, a motion was made by Aliano and seconded by Birsan to adopt Resolution No. 23-59 entitled, “A Resolution Amending Resolution No. 23-55 Authorizing the Disbursement of Cannabis Community Benefit Funds, Providing for One-Time Appropriation and Disbursement of $28,000 through the Organization Community Initiatives, to Support the One Day at a Time (ODAT) Program for Two Years ($14,000 per year).” The motion passed by unanimous vote of the Council.
CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE NO. 23-5 – Councilmember Compensation City Clerk Joelle Fockler presented the staff report, provided background and an overview of previous adjustments to Councilmembers’ compensation, explained SB 329 and the allowable increases to Councilmember compensation under SB 329, and explained that Council was being requested to introduce an Ordinance amending Concord Municipal Code Chapter 2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) increasing Councilmember compensation to $1,900/month to be effective after the November 2024 City Council election by reading of the title only and waiving further reading.
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
Tim Carr, Concord, expressed support of the proposed increase to Councilmember compensation and spoke about the importance of maintaining increases as allowable by State law for current and future Councilmembers.
Ady Olvera, Concord, agreed with Tim Carr’s comments and spoke in support of the proposed increase to Councilmember compensation.
Mayor Hoffmeister closed the public comment period.
Following discussion by the City Council, a motion was made by Birsan and seconded by Aliano to introduce Ordinance No. 23-5 entitled, “An Ordinance Amending Concord Municipal Code Chapter
2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) Increasing Councilmember Compensation to $1,900 per Month, to be Effective After the November 2024 City Council Election” by reading of the title only and waiving further reading. The motion passed by the following vote:
AYES: Aliano, Birsan, Nakamura, Hoffmeister NOES: Obringer
CORRESPONDENCE
a. Agenda Item No. 2.a – postcard from Luminous Day Spa b. Agenda Item No. 2.a – Written Public Comment
c. Agenda Item No. 2.a – Benched Written Public Comment d. Agenda Item No. 5.a – Benched Meeting Minutes – June 27, 2023 e. Agenda Item No. 5.f – Officer Wellness and Mental Health Grant Program – Benched Correspondence
f. Agenda Item No. 5.i – Guardian Security Agency Contract – Benched Correspondence g. Agenda Item No. 5.j – Grand Jury Report No. 2305 – Benched Attachment 1 h. Agenda Item No. 5.j – Grand Jury Report No. 2305 – Benched Correspondence City Council Minutes August 8, 2023
6 COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.
Councilmember Obringer asked for and received Council support to direct staff to add an item to the next agenda to consider the City Council’s position in opposition of SB 532.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on August 8, 2023, at 8:50 p.m. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK