REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, SEPTEMBER 24, 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, September 24, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Vice Mayor Obringer. 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; Thomas Capriola, Senior Assistant City Attorney; Stefanie Ananthan, Deputy City Clerk; Monique Robinson, Administrative Secretary; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Greg Taylor, Director of Information Technology; Will Tarbox, Director of Public Works; Carlton Thompson, City Engineer; Mindy Gentry, Planning Manager; Frank Abejo, Principal Planner; Leng Power, Community Services Manager; Jesse Crawford, Maintenance Superintendant; Craig Blythe, General Services Manager; Jeff Rayos, Senior Administrative Analyst; Aldrich Bautista, Associate Civil Engineer; Tianjun Cao, Associate Civil Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Hanford Yow, Concord; Pete Bennett, Concord; D’Marco Anthony, Concord; Kay; Natalie; Eric Antonick, Concord; Anonymous
PUBLIC COMMENT PERIOD
Hanford Yow, Concord, spoke about a large crack in the sidewalk in front of his house.
Pete Bennett, Concord, spoke about being unhoused and the losses he has endured over the years.
D’Marco Anthony, Concord, spoke in opposition of the recent Chick-fil-A grand opening and its promotion on the City’s social media pages.
Kay spoke about divestment.
Natalie expressed disappointment that the City’s Facebook account was used to promote the recent Chick-fil-A grand opening, and the importance in helping an unhoused individual who previously provided public comment.
Eric Antonick, Concord, spoke about his current candidacy for City Council.
PRESENTATIONS
PROCLAMATION – United Against Hate Week
City Council Minutes September 24, 2024
2 Mayor Birsan presented Jorge Chamorro, Co-Executive Director, and Correen “Cori” Johnson, Co-Executive Director and Director of Youth Housing and Trainer, Rainbow Community Center, a proclamation declaring September 21-27, 2024, as “United Against Hate Week” in the City of Concord.
Mayor Birsan opened a public comment period.
Natalie expressed disappointment in the lack of public gathering to recognize the observance of United Against Hate Week.
Mayor Birsan closed the public comment period.
CENTRAL CONTRA COSTA SANITARY DISTRICT PRESENTATION
Mayor Birsan introduced Tad Pilecki, Board Member, and Danea Gemmell, Planning and Development Division Manager, Central Contra Costa Sanitary District, who provided a presentation on how the San Francisco Bay Regional Water Quality Control Board’s new nutriet regulations affect Concord.
Emily Barnett, Communications and Government Relations Manager, Central Contra Costa Sanitary District, responded to Council questions regarding rate increases related to policy changes to mandate reduction of nutrients for wastewater treatment plants discharging into the San Francisco Bay.
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.
Eric Antonick, Concord, referenced an explosion that previously occurred at the project site and inquired about who was at fault, stated that contractors should be held accountable for their project budgets, and inquired about the one-year warranty bond timeline.
Mayor Birsan closed the public comment period.
APPROVAL OF A RENEWAL OF A THREE-YEAR MICROSOFT ENTERPRISE LICENSING AGREEMENT – Dell, Inc.
A motion was made by Aliano and seconded by Nakamura to approve the renewal of a three-year Microsoft Enterprise Licensing Agreement with DELL Inc. for Microsoft software licenses associated with Microsoft Office, Outlook, Teams, Windows desktop, and Windows server operating systems, and other Microsoft applications used by all City staff, for a total not-to-exceed amount of $860,915.88, including a 20% 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.
AWARD OF A CONSTRUCTION CONTRACT AND ACCEPTANCE OF IMPROVEMENTS – Sun Terrace Elementary School Crossing Enhancements (Project No. 2712) This item was pulled from consideration on the Consent Calendar by Councilmember Obringer who highlighted the project
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
City Council Minutes September 24, 2024
3 A motion was made by Obringer and seconded by Aliano to approve the following for the Sun Terrace Elementary School Crossing Enhancements (Project No. 2712), which will upgrade school crossings on Floyd Lane:
1. Award a Construction Contract in the amount of $230,605 to FJ&I Engineering Inc. and authorize staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make a CEQA determination as provided in the staff report; and
2. Authorize the City Engineer to accept the improvements upon completion of Project No. 2712 and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
ACCEPTANCE OF IMPROVEMENTS, APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT, APPROVAL OF PROJECT CREATION AND APPROVAL OF A BUDGET TRANSFER – Grant Street/East Street Pavement Rehabilitation Project (Project No. 2525) A motion was made by Aliano and seconded by Nakamura to approve the following:
1. Accept improvements for the Grant Street/East Street Pavement Rehabilitation Project (Project No. 2525); and direct the City Clerk to file a Notice of Completion;
2. Approve an amendment to a Professional Services Agreement in the amount of $7,367 (for a new not-to-exceed amount of $430,647) with BKF Engineers; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;
3. Approve project creation of the Grant Street/SR-242 Bike Undercrossing Project (Project No. 2785); and
4. Approve a budget transfer from the Grant Street/East Street Pavement Rehabilitation Project (Project No. 2525) to the Grant Street/SR-242 Bike Undercrossing Project (Project No. 2785) in the amount of $300,000 from Measure J (Fund 475) to the project.
The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 24-50 – Accepting the Fiscal Year 2023/24 Consolidated Annual Performance and Evaluation Report (CAPER)
This item was pulled from consideration on the Consent Calendar by Councilmember Hoffmeister who requested that staff highlight the one-time funds allocated for the Concord Youth Center in the following year’s annual report.
Mayor Birsan opened a public comment period.
Anonymous spoke about youth mental health and inquired whether the City is allocating funds to support services related to youth mental health.
Mayor Birsan closed the public comment period.
A motion was made by Hoffmeister and seconded by Aliano to adopt Resolution No. 24-50 entitled, “A Resolution Accepting the Fiscal Year 2023/24 Consolidated Annual Performance and Evaluation Report (CAPER) and Authorizing the City Manager or Designee to Submit, on Behalf of the City of Concord, the CAPER, Consistent with the Program Rules which Govern the Community Development Block Grant (CDBG) Program as Required by the U.S. Department of Housing and Urban Development (HUD).” The motion passed by unanimous vote of the Council.
City Council Minutes September 24, 2024
4 APPROVAL OF A CITY-INITIATED CONCORD MUNICIPAL CODE AMENDMENT- Industrial Mixed Use (IMX) Zoning District
Mayor Birsan recused himself from the item due to an economic interest in real property and left the dais.
Vice Mayor Obringer opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Hoffmeister and seconded by Nakamura to direct staff to proceed with a City-initiated Concord Municipal Code amendment that would allow for vehicle and equipment rental facilities with outdoor storage in the Industrial Mixed Use (IMX) zoning district, and related issues, as recommended by the Housing and Economic Development Committee (Originally Considered by Council on September 10, 2024, when no motion was passed). The motion passed by the following vote:
AYES: Aliano, Hoffmeister, Nakamura, Obringer NOES: None ABSENT: Birsan Mayor Birsan returned to the dais.
CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE NOS. 24-6 and 24-7 – Amending Concord Municipal Code, Title 18 (Development Code)
Principal Planner Frank Abejo presented the staff report and explained that Council was being requested to introduce ordinances amending Concord Municipal Code, Title 18 (Development Code) and Title 5 (Business Licenses and Regulations) by reading of the title only and waiving further reading.
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 the Council, a motion was made by Hoffmeister and seconded by Aliano to introduce Ordinance No. 24-6 entitled, “An Ordinance Amending Concord Municipal Code, Title 18 (Development Code), Chapters 18.20 (General Terms), 18.30 (Residential Districts), 18.35 (North Todos Santos District),18.40 (Office and Commercial Districts), 18.45 (Downtown Districts), 18.50 (Business and Industrial Districts), 18.55 (Public/Quasi-Public District), 18.60 (Community Land Districts), 18.105 (Transit Station Overlay), 18.160 (Parking, Loading, and Access), 18.200 (Standards for Specific Uses), Chapter 18.415 (Design and Site Review), and Title 5 (Business Licenses and Regulations), Section
5.05.090 (Exemptions), to implement State law and the 2023 – 2031 Housing Element (Housing Element Programs 15.2 And 16.1), and Clarify and Improve Review Processes; (Pl24066 – MC)” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
A motion was made by Hoffmeister and seconded by Nakamura to introduce Ordinance No. 24-7 entitled, “An Ordinance Amending Concord Municipal Code Title 18 (Development Code), Chapters 18.20 (General Terms), 18.30 (Residential Districts), 18.35 (North Todos Santos District), 18.40 (Office and Commercial Districts), 18.45 (Downtown Districts), 18.50 (Business and Industrial Districts), 18.55 (Public/Quasi Public District), 18.60 (Community Land Districts), 18.105 (Transit Station Overlay), 18.150 (General Development Standards), 18.160 (Parking, Loading, and Access), 18.200 (Standards for Specific Uses), and 18.410 (Zoning Clearance) for Consistency with State Law and/or Clarify and Improve Review Processes” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Agenda Item No. 3.b – Central Contra Costa Sanitary District – PowerPoint Presentation City Council Minutes September 24, 2024
5 b. Agenda Item No. 4.c – Grant Street/East Street Pavement Rehabilitation – Benched Correspondence
c. Agenda Item No. 5.a – Municipal Code Amendments – Benched Correspondence d. Agenda Item No. 5.a – Municipal Code Amendments – 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 September 24, 2024, at 8:48 p.m., in memory of Kenneth Scheidig.
/s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK