REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JUNE 4, 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, June 4, 2024, with Mayor Birsan 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, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Karan Reid, Director of Finance; Kevin Marstall, Director of Community Development; Carlton Thompson, City Engineer; Justine Gee, Associate Civil Engineer; Ryan Pursley, Chief Building Official; Andrea Moreira, Senior Administrative Analyst; Mindy Gentry, Planning Manager; Ryan Lenhardt, Senior Planner; Donna Lee, Budget and Treasury Officer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Randolph Hopkins, Concord; Ady Olvera, Concord Communities Alliance; Natalie; Valerie Kroll, Rainbow Community Center; DeAnn Pearn, Hope Solutions; Ady Olvera, Concord
Communities Alliance; Kelly McKinley, GROW; Brandi
Velasquez; Denise Parsons; Maria; LeAnne; Janette Kennedy, Loaves & Fishes; Renee Seaton; Rev. Millie Phillips, Faith Alliance for a Moral Economy; LaTonya Johnson
PUBLIC COMMENT PERIOD
Randolph Hopkins, Concord, spoke about eating and drinking in the Council Chamber.
Ady Olvera, Concord Communities Alliance, announced the Juneteenth celebration scheduled for 12 – 4 p.m. on June 23, 2024, in Todos Santos Plaza.
Natalie spoke about the poor response she received from apartment management after a recent water leak in her apartment complex.
CITY COUNCIL CONSENT CALENDAR
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
City Council Minutes June 4, 2024
2 AWARD CONSTRUCTION CONTRACT AND APPROVE PROFESSIONAL SERVICES AGREEMENT – Pavement Maintenance Zone 3N and the Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703)
A motion was made by Aliano and seconded by Nakamura to approve the following for the Pavement Maintenance Zone 3N and the Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703) located in the residential neighborhood bordered by Meadow Lane to the northeast, Monument Boulevard to the southeast, Lacey Lane/Tilson Drive/Aspen Drive to the southwest, and Gelbke Lane to the northwest:
1. Award a Construction Contract in the amount $1,452,938.82 to Radius Earthwork Inc., for the Total Bid of Pavement Maintenance Zone 3N and Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703); 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 Zoon Engineering in the not-to-exceed amount of $274,877.02 (base agreement of $249,888.20 plus staff authority to spend up to a 10% contingency of $24,988.82) to provide construction management, material testing, and related services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and
3. Authorize the City Engineer to accept the improvements upon completion of Pavement Maintenance Zone 3N and Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703) and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
APPROVE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – 4Leaf, West Coast Code Consultants, TRB and Associates, and SHUMS Coda Association A motion was made by Aliano and seconded by Nakamura to approve First Amendments to the Professional Services Agreements with 4Leaf, West Coast Code Consultants, TRB and Associates, and SHUMS Coda Association for plan check and building inspection services in the not-to-exceed amount of $500,000 per fiscal year for the term of each agreement, and authorize the City Manager to execute the Amendments in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
APPROVE 27 MASTER SERVICES AGREEMENTS (MSA) – Community Development Department A motion was made by Aliano and seconded by Nakamura to approve 27 Master Services Agreements (MSAs) for various consultant services for the Community Development Department, 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.
ADOPT RESOLUTION NO. 24-35 – Culture Club Corporate Enterprise (dba “Culture”) This item was fulled from consideration on the Consent Calendar by Councilmember Hoffmeister who noted that the applicant made a timely request for an extension.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 24-35 entitled, “A Resolution Approving a One-Year Extension of the Approval of an Administrative Permit and Design and Site Review for a Cannabis Storefront and Delivery Retail Business Culture Club Corporate City Council Minutes June 4, 2024
3 Enterprise (dba “Culture”) at 1440 Concord Avenue, Suite B, APN: 126-020-108 (PL24034 – AA, DA, DR).” The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEMS
Mayor Birsan took the next item out of agenda order.
MID-YEAR BUDGET 2023/24 AND 2024/25
Budget and Treasury Officer Donna Lee presented the staff report by reviewing the Council Priority Focus Areas/Tier 1 and Tier 2 Priorities, Biennial Budget process, proposed FYs 2023-24 and 2024-25 budget adjustments, and Measure V Oversight Committee report. Budget and Treasury Officer Lee then reviewed the requested Council actions, including:
1. Adopt a Resolution amending the FYs 2023-24 and 2024-25 Municipal Budgets;
2. Adopt a Resolution adopting the City of Concord’s Salary Schedule effective July 8, 2024;
3. Adopt a Resolution adopting the City of Concord’s annual appropriations limit; and
4. Adopt a Resolution authorizing allocations and reallocations for ARPA funded projects and authorizing the City Manager to make administrative adjustments to ARPA funded projects.
Following questions from the Council, Mayor Birsan opened a public comment period.
Randolph Hopkins, Concord, asked where the funds for the $10.5 million fiscal stability fund came from and why the City is outspending its revenues.
Mayor Birsan closed the public comment period.
A motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 24-36 entitled, “A Resolution Amending the Fiscal Years 2023-24 and 2024-25 Municipal Budget.” The motion passed by unanimous vote of the Council.
A motion was made by Aliano and seconded by Hoffmeister to adopt Resolution No. 24-4735.1 entitled, “A Resolution Adopting the City of Concord’s Salary Schedule Effective July 8, 2024, in Accordance with the Requirements of the California Public Employees Retirement System (CalPERS) for a Publicly Available Pay Schedule.” The motion passed by unanimous vote of the Council.
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-38 entitled, “A Resolution Establishing the Appropriation Limit for the City of Concord for Fiscal Year 2024-25 Pursuant to California Constitution Article XIII B”. The motion passed by unanimous vote of the Council.
A motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 24-39 entitled, “A Resolution Authorizing Allocations and Reallocations for American Rescue Plan Act (ARPA) Funds and Authorizing the City Manager to Make Administrative Adjustments to ARPA Funded Projects to Ensure all ARPA Funds are Fully Expended in Calendar Year 2024.” The motion passed by unanimous vote of the Council.
HOMELESS STRATEGIC PLAN
Assistant City Manager Justin Ezell presented the staff report by reviewing Council actions taken in 2024 and reviewing the Homeless Strategic Plan strategies including: Mobile Resource Center, Rapid Re-Housing, Scattered Site Interim Housing, Scattered Site Tiny Homes, Centralized Tiny Homes, and Interim Motel Housing. Mr. Ezell also provided information on the Guaranteed Income program. The Guaranteed Income Program was not included in the Homeless Strategic Plan as a strategy, but the Council directed staff to include it for discussion in future conversations on the Homeless Strategic Plan.
City Council Minutes June 4, 2024
4 Following questions from the Council, Mayor Birsan opened a public comment period.
Valerie Kroll, Rainbow Community Center, spoke of the need of temporary housing and support for at risk youth.
Deanne Pearn, Chief Executive Officer, Hope Solutions, spoke in support of the use of a motel located on Clayton Road to serve chronically homeless individuals in Concord.
Ady Olvera, Concord Communities Alliance, stated that the Council should act quickly on the Homeless Strategic Plan.
Kelly McKinley, GROW, thanked staff and asked for multiple locations for the showers.
Brandi Velasquez spoke in support of Hope Solutions.
Denise Parsons advocated for safe places to park for the unhoused.
Maria advocated for bathrooms and safe parking for the unhoused.
Betty Gabaldon, Concord, spoke in support of the Basic Income program for unhoused neighbors.
LeAnn spoke of being homeless and the difficulties she is having getting into housing.
Janette Kennedy, Loaves and Fishes, spoke in support of the Homeless Strategic Plan, informed the Council of Loaves and Fishes mobile unit, and offered assistance with the Mobile Resource Center.
Renee Seaton spoke in support of the Mobile Resource Center.
Randolph Hopkins, Concord, spoke in support of the Mobile Resource Center.
Rev. Millie Phillips, Faith Alliance for a Moral Economy, spoke in support of Hope Solutions, the Basic Income program, and the City working with established non-profit organizations.
Natalie stated that it is an indictment of society that LeeAnn isn’t housed, asked the Council not to limit who they assist, and in support of contingency management for the Basic Income program.
LaTonya Johnson spoke of Concord residents having to leave Concord for available housing in other cities.
Mayor Birsan closed the public comment period and recessed the meeting at 8:30 p.m. The meeting resumed at 8:40 p.m.
Following discussion by the Council, a motion was made by Aliano and seconded by Hoffmeister to approve a competitive grant process inviting organizations to submit proposals requesting funding and outlining plans for utilizing funds to implement any of the individual Homeless Strategic Plan strategies.
The motion passed by the following vote of the Council:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSTAIN: Nakamura It was the consensus of the City Council to have an Ad Hoc Committee to be created by Mayor Birsan at the June 11, 2024, meeting, provide direction on the following eight questions before the RFP/RFQ process is considered by the Council:
1. Determine if any of the included strategies chosen should include service preconditions such as employment, income, absence of criminal record, or sobriety.
City Council Minutes June 4, 2024
5 2. Does Council want to pre-set funding amounts available by strategy.
3. Are there City-owned locations the Council wants to make available to facilitate specific strategies or is Council opento considering this on a proposal by proposal basis.
4. Determine the process for reviewing proposals and making recommendations (i.e., staff, Council, or Commission; all funding decisions would be made by the full Council.)
5. Determine what reporting/accountability requirements are needed, if any.
6. Determine whether funding will be provided up front, reimbursed, or provided in installments and if there are any performance metrics necessary to receive funding.
7. Determine whether services would only be available to “Concord” residents, based on established criteria, similar to the City’s Rapid Rehousing Program.
8. Determine if there are any other requirements.
It was the consensus of the Council to consider at the June 25, 2024, City Council meeting, Hope Solutions proposal to provide permanent supportive housing at a Concord motel to serve chronically homeless individuals in Concord, funded from $5.2 million of one-time funds that have been set-aside to support implementation of Concord’s Homeless Strategic Plan.
CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 4.a – PowerPoint Presentation
c. Agenda Item No. 4.a – Benched Correspondence
d. Agenda Item No. 4.a – Benched Correspondence received after 3 p.m. on June 4, 2024 e. Agenda Item No. 4.b – PowerPoint Presentation
COUNCIL REPORTS
Vice Mayor Obringer presented Mayor Birsan with a Certificate signed by the Vice Mayor and Councilmembers for perfect attendance to council meetings for the last 15 years.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 4, 2024, at 9:50 p.m. /s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK