REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, OCTOBER 3, 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, October 3, 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: Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
COUNCILMEMBERS ABSENT: Dominic Aliano
STAFF PRESENT: Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Kevin Marstall, Director of Community Development; Karan Reid, Director of Finance; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Bruce Davis, Senior Civil Engineer; Deyuanne Lei, Associate Civil Engineer; Justin Bosch, Associate Civil Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Judith Herman, Concord; John Manov, Concord; Ady Olvera, Concord; Nikita Rodgers; Hasan Sukarto, Bay Point; Gwynne Gilson, Concord
PUBLIC COMMENT PERIOD
Judith Herman, Concord, spoke in support of Zoom public comment during City Council meetings.
John Manov, Concord, spoke about a previous Code Enforcement issue related to the storage of his boat trailer on his private property; he asked City Council to consider an amendment to the current Municipal Code related to storing commercial vehicles on private property.
Ady Olvera, Concord, spoke in support of Zoom public comment during City Council meetings.
Nikita Rodgers spoke about a serial rapist in Concord, and the importance of transparency.
Hasan Sukarto, Bay Point, spoke about the Police Department issuing parking tickets to the patrons of the flea market in Concord on the weekends.
Gwynne Gilson, Concord, spoke in support of Zoom public comment during City Council meetings.
PRESENTATIONS
City Council Minutes October 3, 2023
2 PROCLAMATION – Soroptimist International of Diablo Vista Mayor Hoffmeister presented Jo Harlow, President of Soroptimist International of Diablo Vista, a proclamation declaring October 3, 2023, as “Soroptimist International of Diablo Vista Day” in the City of Concord.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
CLEAN ENERGY UPDATE
Mayor Hoffmeister introduced Kiara Donato, Bilingual Community Development Manager with MCE, who presented an update on Clean Energy.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
NEIGHBORHOOD RECONCILIATION PROGRAM
Mayor Hoffmeister introduced District Attorney Diana Becton, who presented information on the Neighborhood Reconciliation Program.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
ANNOUNCEMENT
RECRUITMENT FOR THREE (3) OPENINGS ON CONCORD’S MEASURE V OVERSIGHT
COMMITTEE
City Clerk Joelle Fockler announced three (3) openings, consisting of two (2) Concord resident positions and one (1) position from either the business community or a Concord resident, on Concord's Measure V Oversight Committee for four-year terms ending December 31, 2027, and setting a deadline of Friday, November 3, 2023, at 5 p.m. for applications to be due to the City Clerk.
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 – August 26 and September 5, 2023
A motion was made by Birsan and seconded by Obringer to approve the minutes from the August 26 and September 5, 2023, regular meetings. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano ADOPTION OF ORDINANCE NO. 23-7 – Housing Acceleration Development Code Amendments A motion was made by Birsan and seconded by Obringer to adopt Ordinance No. 23-7 entitled, “An Ordinance amending Concord Municipal Code, Title 18 (Development Code), Chapter 18.405 (Permit Application and Processing) and Chapter 18.415 (Design and Site Review), and adding Chapter 18.402 (Pre-Application Procedures).” Ordinance No. 23-7 was introduced on September 5, 2023, by reading of the title only and waiving further reading. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano City Council Minutes October 3, 2023
3 ADOPTION OF ORDINANCE NO. 23-8 – Accessory Dwelling Units A motion was made by Birsan and seconded by Obringer to adopt Ordinance No. 23-8 entitled, “An Ordinance amending the Concord Municipal Code Title 18 Development Code, Section 18.200.180 (Accessory Dwelling Units) (PL20005 - DC)." Ordinance No. 23-8 was introduced on September 12, 2023, by reading of the title only and waiving further reading. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano APPROVAL OF REVISIONS TO CITY POLICY & PROCEDURE NO. 34 – Business Meeting Attendance and Travel
A motion was made by Birsan and seconded by Obringer to approve revisions to City Policy & Procedure No. 34, Business Meeting Attendance and Travel – Authorization and Reimbursement of Expenses, which includes converting the policy to an Administrative Directive. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano REAPPOINTMENT TO THE CONTRA COSTA COUNTY ADVISORY COUNCIL ON AGING – Marilyn Fowler
A motion was made by Birsan and seconded by Obringer to reappoint City of Concord Commission on Aging member Marilyn Fowler to serve on the Contra Costa County Advisory Council on Aging (CCCACOA) for a two-year term ending September 30, 2025, as recommended by the Concord Commission on Aging; and direct the City Clerk to pass the information to the County Board of Supervisors for further action. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano
APPOINTMENT OF YOUTH MEMBER APPLICANTS TO THE PARKS, RECREATION AND OPEN SPACE COMMISSION – Brandon Betz and Ellis Moore
A motion was made by Birsan and seconded by Obringer to confirm the appointment of applicants Brandon Betz and Ellis Moore to the Youth Member positions on the Parks, Recreation and Open Space Commission for one-year terms, effective September 1, 2023, and ending June 30, 2024, as recommended by the Parks, Recreation and Open Space Commission. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano AWARD OF A CONSTRUCTION CONTRACT AND APPROVAL OF A BUDGET TRANSFER – Bailey Road Crossing Enhancements (Project No. 2601)
A motion was made by Birsan and seconded by Obringer to approve the following for the Bailey Road Crossing Enhancements (Project No. 2601) located on Bailey Road at Olive Drive and Limewood Drive:
1. Award a construction contract in the not-to-exceed amount of $223,419 to MCE Corporation authorizing staff to utilize the available project contingency for contract change orders up to an additional 15% of the contract amount for the Bailey Road Crossing Enhancements (Project No. 2601) located on Bailey Road at Olive Drive and Limewood Drive; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report; City Council Minutes October 3, 2023
4 2. Approve a related budget transfer of $135,000 from Pothole and Base Repair #2, Port Chicago and Bates (Project No. 2556) to Project No. 2601 and associated appropriation of such funds; and
3. Authorize the City Engineer to accept the improvements upon completion of Project No. 2601 and direct the City Clerk to file a Notice of Completion.
The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano ACCEPTANCE OF IMPROVEMENTS – Oak Grove Road Pavement Rehabilitation – Phase 3 (Project No. 2557)
A motion was made by Birsan and seconded by Obringer to accept the improvements for Oak Grove Road Pavement Rehabilitation – Phase 3 (Project No. 2557); and direct the City Clerk to file a Notice of Completion. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano APPROVAL OF AN AMENDMENT TO A TASK ORDER – Ghirardelli Associates A motion was made by Birsan and seconded by Obringer to approve an amendment to the task order with Ghirardelli Associates, increasing total contract amount by $74,477.60 for a total not-to-exceed amount of $305,564.93 for Whitman Road Sanitary Sewer Improvements Project (Project No. 2513) constructing sanitary sewer work and repaving portions of Whitman Road between Gilardy Drive and Oak Grove Road; and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano APPROVAL OF TASK ORDER #3 – Dewberry Engineers Inc.
A motion was made by Birsan and seconded by Obringer to approve Task Order #3 with Dewberry Engineers Inc., in the not-to-exceed amount of $141,627.20 (base agreement of $128,752 plus staff authority to spend up to 10% contingency of $12,875.20 in Measure V Projects funds, Fund 490) to provide construction management and materials testing services for 2023 Citywide Pothole and Base Repair Project (Project No. 2593) constructing pavement maintenance on Willow Pass Road from Landana Drive to Avila Road and Ygnacio Valley Road from Alberta Way to Clayton Road; and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano
APPROPRIATION OF FUNDS TO COMPLETE REPAIRS OF CITY FACILITIES AND INFRASTRUCTURE – January 2023 Winter Storm Event
A motion was made by Birsan and seconded by Obringer to approve an appropriation in the amount of $800,000 to complete repairs of City facilities and infrastructure damaged during the January 2023 Winter Storm event which have been designated as FEMA projects under Major Damage Declaration FEMA-4683-DR-CA. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano City Council Minutes October 3, 2023
5 INTRODUCTION OF ORDINANCE NO. 23-9 – Floodplain Management A motion was made by Birsan and seconded by Obringer to introduce Ordinance No. 23-9 entitled, “An Ordinance Amending the Concord Municipal Code Title 15 Building and Building Regulations, Chapter 15.75 (Floodplain Management)” by reading of the title only and waiving further reading. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano
CITY COUNCIL PUBLIC HEARING
ADOPTION OF A RESOLUTION – Buttonwood Village Subdivision Tentative Map The Mayor announced that the item is continued to Tuesday, October 24, 2023.
CORRESPONDENCE
a. Agenda Item No. 3.b – Clean Energy Update – PowerPoint Presentation b. Agenda Item No. 3.c – Neighborhood Reconciliation Program - 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.
Mayor Hoffmeister reported on her attendance at the League of California Cities Conference (Cal Cities) held in Sacramento from September 20 – 22, 2023.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on October 3, 2023, at 8:21 p.m. in memory of Senator Dianne Feinstein.
/s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK