REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MAY 28, 2024
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 28, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Hoffmeister. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
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; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Kevin Marstall, Director of
Community Development; Steve Voorhies, Director of
Recreation Services; Will Tarbox, Director of Public Works; Abhishek Parikh, Deputy Director of Public Works –
Transportation; Winnie Chung, Transportation Program
Manager; Craig Blythe, General Services Manager; Carlton Thompson, City Engineer; Justin Bosch, Associate Civil
Engineer; Deyuanne Lei, Associate Civil Engineer; Jeff Rayos, Senior Administrative Analyst; Sophia Huckabay, Housing Manager; Kelly Rush, Housing Program Analyst; Angela Freitag, Program Coordinator; Briana Stanley, Recreation Program Aide; Habad Ahmad, Recreation and Special Events Program
Coordinator; Matthew Galindo, Recreation Services Program Manager
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Carlos Lare-Masters, Concord; Edward James Disibio, Concord; Giacomo Ballon, Concord; Hanford Yow, Concord; Randolph Hopkins, Concord; Randy Hopkins, Concord; Eric Haynes
PUBLIC COMMENT PERIOD
Carlos Lare-Masters, Concord, spoke about a homeless encampment behind his home and the subsequent disturbances it is causing.
Edward James Disibio, Concord, spoke about his current situation facing homelessness and his desire to receive and offer help to others facing homelessness.
Giacomo Ballon, Concord, spoke about the safety at the location of the Contra Costa Trail and Treat Boulevard.
Hanford Yow, Concord, spoke about a large crack in the sidewalk in front of his home.
City Council Minutes May 28, 2024
2 Randolph Hopkins, Concord, spoke of campaign contributions to several councilmembers from DeNova Homes and stated that that the donations should have been disclosed in January 2024 when the City Council adopted a Resolution accepting and appropriating SB 104 funding from the State of California in the amount of $1 million for the Yellow Roof Foundation, and spoke of weeds in the roads.
Randy Hopkins, Concord, spoke of concern about how the City looks, describing weeds in the streets and unkept properties.
PRESENTATIONS
CONTRA COSTA MOSQUITO AND VECTOR CONTROL DISTRICT UDPATE Mayor Birsan introduced Nola Woods, Public Affairs Director, Contra Costa Mosquito and Vector Control District, who provided an update on the Contra Costa Mosquito and Vector Control District.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
RECREATION SERVICES DEPARTMENT RECAP OF 2023
Mayor Birsan introduced Angela Freitag, Briana Stanley, and Habad Ahmad, who provided a recap of the Recreation Services Department in 2023.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL CONSENT CALENDAR
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF A PROFESSIONAL SERVICES AGREEEMENT – LCA Architects A motion was made by Aliano and seconded by Nakamura to approve a Professional Services Agreement for LCA Architects in the not-to-exceed amount of $93,885 (base agreement of $85,350 plus staff authority to spend up to a contingency of $8,535) for design engineering and related services for Golf Course Fire 2020 Repairs (Project No. 2551); 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.
ADOPTION OF ORDINANCE NO. 24-4 – FEES AND CHARGES FOR VARIOUS MUNICIPAL
SERVICES
A motion was made by Aliano and seconded by Nakamura to adopt Ordinance No. 24-4 entitled, "An Uncodified Ordinance Amending Exhibit A to Resolution No. 78-6042 (Establishing Fees and Charges for Various Municipal Services in the City of Concord)." Ordinance No. 24-4 was introduced on May 7, 2024, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
APPROVAL OF A FUNDING AGREEMENT – Contra Costa Transportation Authority (CCTA) A motion was made by Aliano and seconded by Nakamura to approve a funding agreement committing local match funds for the City of Concord ITS/Traffic Signal Modernization Project in the amount of $155,473, as sponsored by the Contra Costa Transportation Authority (CCTA); and authorize City Council Minutes May 28, 2024
3 the City Manager to execute the agreement with CCTA in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
APPROVAL OF FINISHES FOR THE BACKS OF NEWLY INSTALLED BIGBELLY TRASH
RECEPTACLES
This item was pulled from consideration on the Consent Calendar by Vice Mayor Obringer who highlighted the project and thanked staff for their efforts in beautifying the Bigbelly Trash receptacles by featuring historical photos and landscapes.on the receptacles.
A motion was made by Obringer and seconded by Nakamura to approve finishes for the backs of the newly installed Bigbelly trash receptacles in the downtown as recommended by the City Council Committee on Housing and Economic Development. The motion passed by unanimous vote of the Council.
AWARD OF A PROFESSIONAL SERVICES AGREEMENT AND APPROVAL OF A RELATED BUDGET TRANSFER – Transportation Offices at Corporation Yard (Project No. 2648) A motion was made by Aliano and seconded by Nakamura to approve the following for the Transportation Offices at Corporation Yard (Project No. 2648):
1. Award a Professional Services Agreement in the not-to-exceed amount of $277,478.30 (base agreement of $252,253 plus staff authority to spend up to a 10% contingency of $25,225.30 in Building Maintenance Fund 630 and Measure V Financing Fund 407) to Lowney Architecture for project design and related services of the Transportation Offices at Corporation Yard (Project No. 2648), and authorize the City Manager to execute the contract in a form acceptable to the City Attorney; and
2. Approve a related budget transfer of $1,700,000 (Measure V Financing Fund 407) from Fund Balance to Transportation Offices at Corporation Yard (Project No. 2648) and appropriate such funds for Project No. 2648.
The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT AND APPROVAL OF A RELATED BUDGET TRANSFER – Residential Pavement Maintenance, Phase B: Northwood Drive Project (Project No. 2608) This item was pulled from consideration on the Consent Calendar by Vice Mayor Obringer who highlighted the project.
A motion was made by Obringer and seconded by Hoffmeister to approve the following:
1. Award a Construction Contract in the not-to-exceed amount of $945,943 to McGuire and Hester, authorizing staff to utilize the available project contingency for contract change orders up to an additional 10% of the contract amount for the Residential Pavement Maintenance, Phase B: Northwood Drive Project (Project No. 2608) located on Northwood Drive; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;
2. Approve a related budget transfer of $465,000 from the Oak Grove Road Pavement Rehabilitation, Phase 3 Project (Project No. 2557) (Measure J, Fund 475) and $410,000 from the Pavement Holding Account (Project No. 2157) (Measure V, Fund 407) to Project No. 2608 and associated appropriation of such funds; and
3. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance, Phase B: Northwood Drive Project (Project No. 2608), and direct the City Clerk to file a Notice of Completion.
City Council Minutes May 28, 2024
4 The motion passed by unanimous vote of the Council.
AUTHORIZATION TO PURCHASE – 18 Replacement Vehicles, Two Pieces of Heavy Equipment, and One Heavy Duty Equipment Trailer
A motion was made by Aliano and seconded by Nakamura to approve the purchase of eighteen (18) replacement vehicles, two (2) pieces of heavy equipment, and one (1) heavy duty equipment trailer in the amount of $912,195.64 from the current fiscal year replacement fund, an appropriation of $666,802.20 from the fleet fund for a total not to exceed amount of $1,578,997.84. The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEM
CITY’S TRANSPORTATION IMPACT FEE DEVELOPMENT PROCESS UPDATE AND APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – Kimley-Horn Deputy Director of Public Works – Transportation Abhishek Parikh provided background on the City’s Transportation Impact Fee Program and explained that Council was being requested to (1) receive an update on the City’s Transportation Impact Fee (TIF) development process, (2) provide direction on two proposed changes to the TIF program: (a) incorporate the CNWS as a separate fee zone, and (b) minimize major roadway widening projects, and (3) approve an amendment to the Professional Services Agreement with Kimley-Horn to increase the contract amount by $61,660 for a new total not-to-exceed amount of $403,500; and authorize the City Manager to execute the Amendment in a form acceptable to the City Attorney.
Mr. Parikh introduced Michael Schmitt, Senior Sustainability Consultant for Kimley-Horn, who reviewed the TIF Program update.
Following questions from the Council, Mayor Birsan opened a public comment period.
Randolph Hopkins, Concord, spoke in opposition to a two-tier fee program (CNWS and rest of the City).
Mayor Birsan closed the public comment period.
Following discussion by the Council, a motion was made by Nakamura and seconded by Hoffmeister to continue the agenda item to a future meeting. The motion passed by unanimous vote of the Council.
Mayor Birsan recessed the meeting at 8:14 p.m. The meeting resumed at 8:24 p.m.
CITY COUNCIL PUBLIC HEARING
ADOPTION OF RESOLUTION NOS. 24-31, 24-32, 24-33, 24-34 – Annual Engineer’s Report and Assessment Diagrams
Councilmember Nakamura recused herself from the item due to an economic interest in real property and left the dais.
Senior Administrative Analyst Jeff Rayos presented the staff report, and explained that Council was being requested to adopt four Resolutions confirming the annual Engineer’s Report and Assessment Diagrams for levies and assessments for the Downtown Landscape Maintenance District, Pine Hollow Landscape & Lighting District, Landscape & Lighting District No. 3, and the Citywide Street Lighting Assessment District for Fiscal Year 2024-25, and direct the City Clerk to file a certified copy with the Contra Costa County Auditor-Controller.
City Council Minutes May 28, 2024
5 Following questions from the Council, Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
Following discussion by Council, a motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-31 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Downtown Landscape Maintenance District for Fiscal Year 2024/25.” The motion passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-32 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 2024/25.” The motion passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-33 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 2024/25.” The motion passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-34 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Citywide Street Lighting Assessment District for Fiscal Year 2024/25.” The motion passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura Councilmember Nakamura returned to the dais.
ADOPTION OF RESOLUTION NO. 24-35 – The Ashbury TEFRA Hearing Housing Manager Sophia Huckabay presented the staff reporthighlighted the proposed project, discussed community benefits, financing, Regional Housing Needs Allocation (RHNA), and the financial impact. Housing Manager Huckabay then explained that Council was being requested to adopt a Resolution pursuant to the Tax Equity and Fiscal
Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 approving the issuance of the California Municipal Finance Authority (The CMFA) multifamily housing revenue bonds in an aggregate principal amount not to exceed $90,000,000 for the purpose of the acquisition, construction, improvement, and equipping of The Ashbury, an entitled 183-unit affordable multifamily rental housing project with a site location of 1650 Ashbury Drive, Concord, California and certain other matters relating thereto, and make the CEQA determinations as provided in the staff report.
Following questions from the Council, Mayor Birsan opened a public comment period.
Eric Hayes spoke in support of the Resolution.
Randolph Hopkins, Concord, spoke in opposition of the Resolution.
Randy Hopkins, Concord, spoke in opposition of the Resolution..
Mayor Birsan closed the public comment period.
City Council Minutes May 28, 2024
6 Following discussion by the Council, a motion was made by Nakamura and seconded by Hoffmeister to adopt Resolution No. 24-35 entitled, “A Resolution Pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 Approving the Issuance of the California Municipal Finance Authority Multifamily Housing Revenue Bonds in an Aggregate Principal Amount Not to Exceed $90,000,000 for the Purpose of the Acquisition, Construction, Improvement, and Equipping of The Ashbury, an Entitled 183-unit Affordable Multifamily Rental Housing Project with a Site Location of 1650 Ashbury Drive, Concord, California and Certain Other Matters Relating Thereto.” The motion failed by the following vote:
AYES: Nakamura NOES: Aliano, Hoffmeister, Obringer, Birsan ABSENT: None
CORRESPONDENCE
a. Agenda Item No. 7.a – Letter to Assembly Member Timothy S. Grayson re: Opposition of AB 1886 (Alvarez) Housing Element Law: Substantial Compliance dated May 14, 2024 b. Agenda Item No. 7.b – Letter to Senator Steven M. Glazer re: Opposition of SB 1037 (Wiener) Planning and Zoning: Housing Element: Enforcement dated May 14, 2024 c. Agenda Item No. 7.c – Letter to Senator Scott Wiener, Senator Stephen Padilla, Assembly Member Jesse Gabriel, and Assembly Member Sharon Quirk-Silva re: Opposition of Proposed 50% Budget Cut to Small Business Technical Assistance Program (TAP) and Capital Infusion Program (CIP) at GO-Biz dated May 17, 2024
d. Agenda Item No. 7.d – Letter to Assembly Member Timothy S. Grayson re: Support for AB 1990 (Carrillo) Criminal Procedure: Arrests: Shoplifting dated May 8, 2024 e. Agenda Item No. 7.e – Letter to Assembly Member Rick Zbur re: Support if Amended for AB 2943 (Zbur and Rivas) Crimes: Theft dated May 8, 2024
f. Agenda Item No. 7.f – Letter to Assembly Member Juan Alanis re: Support for AB 1972 (Alanis) Regional Property Crime Task Force dated May 8, 2024
g. Agenda Item No. 7.g – Letter to Assembly Member Kevin McCarty re: Support for AB 1794 (McCarty) Crimes: Larceny dated May 8, 2024
h. Agenda Item No. 7.h – Letter to Assembly Member Wendy Carrillo, Assembly Member Evan Low, and Assembly Member Esmerelda Soria re: Support for AB 1960 (Soria) Sentencing Enhancements: Property Loss, AB 1990 (Carrillo) Criminal Procedure: Arrests: Shoplifing, and AB 2814 (Low) Crimes: Unlawful Entry: Intent to Commit Package Theft dated May 8, 2024 i. Agenda Item No. 7.i – Letter to the Office of the Secretary, Build America Bureau, US Department of Transportation re: Support for the Contra Costa Transportation Authority's (CCTA) Innovative Finance and Asset Concession Grant Program (IFACGP) Application for a Technical Assistance Cooperate Agreement Asset Scan dated May 9, 2024
j. Agenda Item No. 2.a – Written Public Comment
k. Agenda Item No. 3.a – Mosquito and Vector Control District Update – PowerPoint Presentation l. Agenda Item No. 3.b – Recreation Services Department Update - PowerPoint Presentation m. Agenda Item No. 4.c – CCTA Funding Agreement – Benched Correspondence n. Agenda Item No. 5.a – TIF Program Updates – PowerPoint Presentation o. Agenda Item No. 6.b – The Ashbury TEFRA Hearing – 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.
Councilmember Nakamura requested and received support for the white paper distributed related to guaranteed income with regard to the Homeless Strategic Plan be included in the upcoming strategies on next steps for the Homeless Strategic Plan.
Mayor Birsan requested and received support to have the Council Committee on Housing and Economic Development consider whether to recommend to the full Council a request to amend the City Council Minutes May 28, 2024
7 Development Code allowing for “vehicle and equipment facilities” with outdoor storage in the Industrial Mixed Use (IMX) zoning district and related issues.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 28, 2024, at 9:54 p.m. /s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK