REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, AUGUST 13, 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, August 13, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Aliano. 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: Justin Ezell, Assistant City Manager; Susanne Brown, City Attorney; Joelle Fockler, City Clerk;Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; Kevin Marstall, Director of Community Development: Will Tarbox, Director of Public Works; James Nakayama, Police Captain; Carlton Thompson, City Engineer; Mindy Gentry, Planning Manager; Kit Jory, Parks Manager; Trish Beirne, Emergency and Volunteer Services Manager; Leng Power, Community Services Manager; Frank Abejo, Principal Planner; Justine Gee, Associate Civil Engineer; Aldrich Bautista, Associate Civil Engineer; Deyuanne Lei, Associate Civil Engineer; Michael Hart, Associate Planner
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Pablo Ivaszewicz, Concord; Meena Annamalai, Concord; Senthil Kumar, Newark: Easan Katir, Davis; Ravi Nadesan, Concord; Andy, Concord; Al Subramanian, San Ramon; Edward Disibio, Concord; Kay, Concord; Ramon Amaral; Natalie; Brendi
Velasquez; John Shelton, Concord; Eric Antonick, Concord; David Litty, Concord; Andie Altman, GROW Concord; Kelly McKinley, GROW Concord; Dr. Harmesh Kumar; Leslie
Gleason,Trinity Center
PUBLIC COMMENT PERIOD
Due to the number of speakers, Mayor Birsan set the public speaking time to two minutes per speaker.
Pablo Iwaszewicz, Concord PD VIPS, tested theWordly translation system by speaking in Spanish and Russian.
The following speakers spoke in support of the Shiva Murugan Temple land use permit:
Meena Annamaliai, Concord
Senthil Kumar, Concord
Easan Katir, Concord
Ravi Nadesan, Concord
City Council Minutes August 13, 2024
2 Andy Nallappan, Concord
Al Subramanian, Concord
Edward Disbio, Concord, spoke of jets dropping fuel and other items while flying over Concord.
Kay, Concord, spoke of divestment.
Ramon Amaral, Carpenters Local 152, spoke carpenters core values.
Natalie spoke of a recent article in the Concord Pioneer.
PRESENTATION
MARKHAM REGIONAL ARBORETUM SOCIETY (MRAS)
Parks Manager Kit Jory introduced Rick Rickenbacker, President, Markham Regional Arboretum Society, who gave a presentation on the partnership between MRAS and the City off Concord.
Following questions from the City Council, Mayor Birsan opened a public comment period.
Natalie spoke of her attempt to volunteer with MRAS on the Hillcrest Park project.
Brendi Velasquez, Concord, suggested the use of volunteers through community service programs.
Mayor Birsan 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.
APPROVE MINUTES – May 7 Regular, May 14 Regular, May 28 Regular and Closed Session, June 4 Regular, June 11 Closed Session. Special, and Regular, and June 19, 2024, Closed Session Meetings A motion was made by Hoffmeister and seconded by Aliano to approve the minutes from the May 7 Regular; May 14 Regular; May 28 Regular and Closed Session; June 4 Regular; June 11 Closed Session, Special, and Regular; and June 19, 2024, Closed Session meetings. The motion passed by unanimous vote of the Council.
APPROVE LICENSE AGREEMENT – Golden State Family Farms 2, LLC A motion was made by Hoffmeister and seconded by Aliano to approve a License Agreement with Golden State Family Farms 2, LLC, for a fee of $6,394 per month from September through December 2024 ($25,576 total) to allow temporary operation of a pumpkin patch and Christmas tree lot for the property bounded by Clayton Road, Concord Boulevard, and Galindo Street, 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.
APPROVE PURCHASE – Environmental Systems Research Institute, Inc. (ESRI) A motion was made by Hoffmeister and seconded by Aliano to approve the purchase of ESRI licenses, maintenance, training, and support using the Small Government Enterprise License Agreement from ESRI (Environmental Systems Research Institute, Inc.). for a total not-to-exceed amount of $344,180 over three years, including a 10% contingency, and authorize the City Manager to execute the City Council Minutes August 13, 2024
3 agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
APPROVE COOPERATIVE AGREEMENT – City of Pleasant Hill
A motion was made by Hoffmeister and seconded by Aliano to approve a Cooperative Agreement with the City of Pleasant Hill to construct a complete streets project on Sunvalley Blvd. in the amount of $440,000 (Contra Costa Improvement Project, Project No. 2637), and authorize the City Manager to execute the Cooperative Agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
ADOPT RESOLUTION NO. 24-47 – Accepting and Appropriating Grant Funding – California Govenor’s Office of Emergency Sevices
This item was pulled from consideration on the Consent Calendar by Concord resident John Shelton, who opposed the Resolution.
Mayor Birsan opened a public comment period, and upon receiving no additional public comment, closed the public comment period.
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-47 entitled, “A Resolution Accepting and Appropriating Grant Funding from the California Governor’s Office of Emergency Services (Cal OES) in the Amount of $55,875 to support and develop the Concord Community Emergency Team (CERT) Teen CERT Program, Project No. 2784.” The motion passed by unanimous vote of the Council.
AWARD CONSTRUCTION CONTRACT AND AUTHORIZE THE CITY ENGINEER TO ACCEPT IMPROVEMENTS UPON PROJECT COMPLETION – Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616)
A motion was made by Hoffmeister and seconded by Aliano for the following:
1. Award a Construction Contract in the amount $1,018,000 to McGuire and Hester for the total bid of Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616); authorize saff 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 (Measure V Funds); and
2. Authorize the City Engineer to accept the improvements upon completion of Project No. 2616 and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
APPROVE PRODUCT AND SERVICES AGREEMENT – Active Network, LLC A motion was made by Hoffmeister and seconded by Aliano to approve a Product and Services Agreement with Active Network, LLC, for maintenance, upgrade services, and software licensing for the CLASS Point of Sale System for a total not-to-exceed amount of $147,574.79 over two years, including a 10% contingency, 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.
ADOPT RESOLUTION NO. 24-48 – Projects for Fiscal Year 2024-25 Funded by SB 1 A motion was made by Hoffmeister and seconded by Aliano to adopt Resoluion No. 24-48 entitled, “A Resolution Adopting a List of Projects for Fiscal Year 2024-25 Funded by SB 1: The Road Repair and Accountability Act of 2017”. The motion passed by unanimous vote of the Council.
City Council Minutes August 13, 2024
4 APPROVE BUDGET TRANSFER – Residential Pavement Maintenance, Phase B: Northwood Drive Project (Project No. 2608
This item was pulled from consideration on the Consent Calendar by Councilmember Obringer, who highlighted roadwork in the Northwood community.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Obringer and seconded by Nakamura to approve a budget transfer in the amount of $346,594.44 to the Residential Pavement Maintenance, Phase B: Northwood Drive Project (Project No. 2608), located on Northwood Drive, from the Pavement Holding Account (Project No. 2157) (Measure V, Fund 407) and associated appropriation of such funds to Project No. 2608. The motion passed by unanimous vote of the Council.
APPROVE MEMORANDUM OF UNDERSTANDING – Contra Costa Resource Conservation District This item was pulled from consideration on the Consent Calendar by Councilmember Obringer,who spoke in support of this item and thanked Friends of Concord Creeks and City staff.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Obringer and seconded by Nakamura to approve a Memorandum of Understanding between the Contra Costa Resource Conservation District and the City of Concord to establish and maintain a pollinator habitat at Willow Pass Community Park in coordination with the City; 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.
AWARD CONSTRUCTION CONTRACT, APPROVETASK ORDER NO. 1,, AND AUTHORIZE THE CITY ENGINEER TO ACCEPT IMPROVEMENTS UPON PROJECT COMPLETION – Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598)
A motion was made by Hoffmeister and seconded by Aliano to approve the following:
1. Award Construction Contract in the amount $2,377,656.00 to Devaney Engineering, Inc. for the Total Bid of Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598); 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 (Sewer Operating Fund); and
2. Approve Task Order #1 with Dewberry Engineers Inc. in the not-to-exceed amount of $272,205.34 (base agreement of $247,459.40 plus staff authority to spend up to a 10% contingency of $24,745.94) 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 (Sewer Operating Fund); and
3. Authorize the City Engineer to accept the improvements upon completion of Project No. 2598 and direct the City Clerk to file a Notice of Completion.
4. Make the CEQA determinations as provided in this staff report.
The motion passed by unanimous vote of the Council.
City Council Minutes August 13, 2024
5 APPROVE MAINTENANCE SERVICES AGREEMENT – Palomas Landscape Inc Mayor Birsan and Vice Mayor Obringer recused themselves from the item in order to avoid any potential or perceived conflict of interest and left the dais.
Councilmember Nakamura opened a public comment period.
Eric Antonick, Concord, inquired about the bidding process.
David Litty, Concord, spoke in opposition of the agreement.
Councilmember Nakamura closed the public comment period.
A motion was made by Aliano and seconded by Hoffmeister to approve a Maintenance Services Agreement with Palomas Landscape Inc. for citywide landscape maintenance services for a three-year term, with three one-year extensions, in the amount of $550,000 per fiscal year, and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by the following vote of the Council:
AYES: Aliano, Hoffmeister, Nakamura NOES: None ABSENT: Obringer, Birsan Mayor Birsan and Vice Mayor Obringer returned to the dais.
CITY COUNCIL CONSIDERATION ITEM
HOMELESS STRATEGIC PLAN IMPLEMENTATION
Community Services Manager Leng Power presented the staff report, providing background, strategies, Ad Hoc Committee recommendations, recommended ranking criteria, proposed schedule of events, and recommended action/next steps..
Following questions from the City Council, Mayor Birsan opened a public comment period.
Andie Altman, GROW Concord, requested that an Ad Hoc Committee comprised of Nakamura and Birsan be formed for Homeless Strategic Plan Implementation Kelly McKinley, GROW Concord, spoke in support of a mobile resource cemter.
Brendi Velasquez, Concord, spoke in support of a mobile resource center.
Dr. Harmesh Kumar spoke regarding mental health and homelessness.
David Litty, Concord, spoke of leveraging outside funds to support implementation of the Homeless Strategic Plan.
Leslie Gleason, Trinity Center, spoke of potential zoning changes and expanding the Strategic Plan Working Group.
Natalie spoke of expanding the review committee.
Mayor Birsan closed public comment.
Following discussion by the City Council, a motion was made by Aliano and seconded by Obringer to open and announce an RFP to distribute $5 million through grants to nonprofit organizations for implementation of the seven Homeless Strategic Plan strategies. The motion passed by unanimous vote of the Council.
City Council Minutes August 13, 2024
6 CITY COUNCIL PUBLIC HEARINGS
INTRODUCE ORDINANCE NO. 24-5 – Amending Concord Municipal Code, Title 18 (for Consistency with State Law and Implementation of the Housing Element)
Michael Hart, Associate Planner, presented the staff report, providing an overview of the proposed updates.
Following questions from the City Council Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
Following discussion by the Council, a motion was made by Hoffmeister and seconded by Nakamura to introduce Ordinance No. 24-5 entitled, “An Ordinance Amending Concord Municipal Code, Title 18 (Development Code), Chapter 18.20 (General Terms), Chapter 18.30 (Residential Districts), Chapter 18.35 (North Todos Santos District), Chapter 18.40 (Office and Commercial Districts), Chapter
18.45 (Downtown Districts), Chapter 18.50 (Business Park and Industrial Districts), Chapter 18.55 (Public/Quasi-Public District), Chapter 18.60 (Community Land Districts), and Chapter 18.200 (Standards for Specific Uses)” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
INTRODUCE ORDINANCE – Amending Concord Municipal Code, Title 18 (for Consistency with State Law, to Clarify/Improve Revciew Processes, and to Implement the 2023-2031 Housing Element) Frank Abejo, Principal Planner, presented the staff report, explaining that the proposed amendments to Title 18 (Development Code) and Title 5 (Business License and Regulations) will fully implement Housing Element Program 15.2 and part of Housing Element Program 16.1, conform with state law, and clarify and/or improve review processes.
Following questions from the City 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 Hoffmeister and seconded by Obringer to continue the item to the September 10, 2024, City Councilmeeting. The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Agenda Item No. 7.a. – Lettter to Hon. Nancy Skinner, Chair, Senate housing Committee re:
Opposition unless amended to AB 3093 (Ward) Lands use: housing element: streamlined multifamily housing dated June 21, 2024.
b. Agenda Item No. 7.b. – Letter to Christian Griffith, Assembly Budget Committee, c. Agenda Item No. 7.c. – Letter to Hon. Robert Rivas, California State Assembly, and Hon. Mike McGuire, California State Senate re: Protecting Energy Efficient Funding in Public Purpose Programs dated July 15, 2024.
d. Agenda Item No. 7.d. – Letter to Hon. Toks Omishakin, California State Transportation Agency, re: Support for County Connection’s Grant Application for 2024 Transit and Intercity Rail Capital Program; Solar Supported Zero Emission Vehicle Fleet and Service Modernization Project dated July 15, 2024.
e. Agenda Item No. 7.e. – Letter to Congressman DeSaulneir re: Exonerated Convicted Black Sailors dated July 19, 2024
f. Agenda Item No. 7.f. – Letter to Hon. Juan Carillo re: Support of AB 2485 (Carillo) Regional housing need: determination dated August 1, 2024.
g. Agenda Item No. 3.a – MRAS – Benched Correspondence
h. Agenda Item No. 5.a – Councl Ad Hoc Committee for Homeless Stratetic Plan – PowerPoint Presentation
City Council Minutes August 13, 2024
7 i. Agenda Item No. 5.a – Councl Ad Hoc Committee for Homeless Stratetic Plan – Benched Correspondence Received after 3 p.m.
j. Agenda Item No. 6.b – Municipal Code Amendment – Benched Correspondence. k. Agenda Item No. 6.b - Municipal Code Amendment – 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.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on August 13, 2024, at 10:26 p.m. in memory of Officer Matthew Bowen.
/s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK