REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, NOVEMBER 12, 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, November 12, 2024, with Mayor Birsan presiding. The pledge of allegiance was led byCouncilmember 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; Justin Ezell, Assistant City Manager; Susanne Brown, City Attorney; Thomas Capriola, Senior Assistant City Attorney; Joelle Fockler, City Clerk; Monique Robinson, Deputy City Clerk;; Mark Robison, Police Lieutenant; Kevin Halm, Police Sergeant; Greg Taylor, Director of Information Technology; Carlton Thompson, City Engineer; James Peavey, Human Resources Manager; Aaron Elias,
Transportation Manager II; Tianjun Cao, Associate Civil Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Peter Carver Bennett, Concord
PUBLIC COMMENT PERIOD
Peter Carver Bennett, Concord, spoke about being unhoused and the losses he has endured over the years.
PRESENTATIONS
PROCLAMATION – Nurse Practitioner Week
Mayor Birsan presented Sharon Vogan, Director, FNP Clinical Placement, Instructor, FNP Program, Samuel Merritt College of Nursing, a proclamation declaring November 10-16, 2024, as "Nurse Practitioner Week" in the City of Concord.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
CONTRA COSTA LIBRARY – Self-Service Sundays Pilot Program Mayor Birsan introduced Kimberli Buckley, Library Manager, Contra Costa Library, who provided a presentation on Contra Costa County Library’s Self-Service Sundays Pilot Program.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
ANNOUNCEMENT
City Council Minutes November 12, 2024
2 RECRUITMENT – Central Contra Costa Transit Authority Advisory Committee (County Connection)) City Clerk Joelle Fockler announced a recruitment for the City of Concord’s representative on the Central Contra Costa Transit Authority Advisory Committee (County Connection) for a two-year term ending December 31, 2026, and setting a deadline of Friday, December 13, 2024, at 5 p.m. as the deadline for receipt of applications by the City Clerk.
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 MINUTES – August 27, September 3, 10 and 24, 2024, Regular Meetings A motion was made by Aliano and seconded by Hoffmesiter to approve the minutes from the August 27, September 3, 10, and 24, 2024, regular meetings. The motion passed by unanimous vote of the Council.
ADOPTION OF ORDINANCE NO. 24-6 – Amending Concord Municipal Code, Title 18 (Development Code)
A motion was made by Aliano and seconded by Hoffmeister to adopt 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)." Ordinance No. 24-6 was introduced on September 24, 2024, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
ADOPTION OF ORDINANCE NO. 24-7 Amending Concord Municipal Code, Title 18 (Development Code)
A motion was made by Aliano and seconded by Hoffmeister to adopt 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.” Ordinance No. 24-7 was introduced on September 24, 2024, by reading of the title only and waiving further reading.The motion passed by unanimous vote of the Council.
CERTIFYMEASURE J CALENDAR YEARS 2022 AND 2023 GROWTH MANAGEMENT COMPLIANCE
CHECKLIST
A motion was made by Aliano and seconded by Hoffmeister to certify the final Measure J Calendar Years 2022 and 2023 Growth Management Program Compliance Checklist for receipt of Fiscal Years 2023-24 and 2024-25 Local Street Maintenance and Improvement Funds and authorize the Mayor to sign the Compliance Checklist. The motion passed by unanimous vote of the Council.
City Council Minutes November 12, 2024
3 ADOPT RESOLUTION NO. 24-52 – Accepting and Appropriating Grant Funding from Edward Byrne Memorial Justice Assistance Grant (JAG) Program AND AUTHORIZE EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) – Contra Costa County Office of the Sheriff A motion was made by Aliano and seconded by Hoffmeister to adopt a Resolution No. 24-52 entitled, “A Resolution Accepting and Appropriating Grant Funding from the Fiscal Year 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the Amount of $44,380 to the City of Concord as a Second-Tier Sub-Grantee and the Contra Costa County Office of the Sheriff as the Drect Awardee,” andauthorize the City Manager to execute a Memorandum of Understanding (MOU) with Contra Costa County Office of the Sheriff in the amount of $44,380, paid using grant monies, to provide for one limited-service public safety position (Police Officer Trainee) in a form acceptable to the City Attorney.The motion passed by unanimous vote of the Council.
APPROVE RENEWAL OF SUBSCRIPTION – Mark43 (Police Department Computer Aided Dispatch (CAD) and Integrated Records Management System (RMS)
A motion was made by Aliano and seconded by Hoffmeister to approve the renewal of a five-year subscription of Mark43, the Police Department Computer Aided Dispatch (CAD) and integrated Records Management System (RMS), for a total not-to-exceed amount of $1,686,070.85; and authorize the City Manager to execute the subscription agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
ADOPTTHE 2025-30 CONSOLIDATED PLAN FUNDING PRIORITIES
This item was pulled from the consent calendar by Councilmember Nakamura, who thanked the Community Services Commission for its work on the FY 2025-26 grant funding cycle.
A motion was made by Naamura and seconded by Obringer to adopt the 2025-30 Consolidated Plan funding priorities as recommended by the Council Committee on Recreation, Cultura Affairs, and Community Services (Birsan and Nakamura). The motion passed by unanimous vote of the Council.
APPROVE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – Periscope Holdings, Inc (dba NIGP Consulting)
A motion was made by Aliano and seconded by Hoffmeister to approve the First Amendment to the Professional Services Agreement, Agreement No. 3418, with Periscope Holdings, Inc. (dba NIGP Consulting) for interim staff support and other procurement support services to support the Purchasing Division of the Finance Department in the amount of $120,000, for a new not-to-exceed amount of $205,000, 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.
AUTHORIZE STAFF TO UTILIZE CONTINGENCY ON EXISTING CONSTRUCTION CONTRACT – Villalobos & Associates, Citywide Sidewalk Repair (Project No 2666) This item was pulled from consideration on the Consent Calendar by Vice Mayor Obringer, who inquired why the contingency was needed and how staff would ensure this doesn’t happen again.
A motion was made by Obringer and seconded by Nakamura to authorize City staff to utilize up to a 41.2 percent contingency (increase from 30 percent contingeny of $70,725.90 to 41.2 percent contingency of $97,031.30) on the existing construction contract with Villalobos & Associates for the Citywide Sidewalk Repair (Project No. 2666) to fulfill contract change orders that become necessary to complete the project. The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEM
City Council Minutes November 12, 2024
4 City Attorney Susanne Brown left the dais and the meeting, and Senior Assistant City Attorney Thomas Capriola joined the staff at the dais.
APPROVE AMENDMENT TO CITY ATTORNEY EMPLOYMENT AGREEMENT (Susanne Brown) AND ADOPT RESOUTION NO. 24-4735.2 – City of Concord’s Salary Schedule Human Resources Manager James Peavey presented the report, explaining that the Council was being requested to approve an amendment to the employment agreement between the City of Concord and City Attorney Susanne Brown amending Section 7(a) and adding Section 7(c); and adopt a Resolution approving the City of Concord’s Salary Schedule, effective September 16, 2024, in accordance with the requirements of the California Public Employees’ Retirement System for a publicly available pay schedule.
Mayor Birsn 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 Aliano to approve an amendment to the employment agreement between City of Concord and City Attorney Susanne Brown amending Section 7(a) approving a base wage increase of 5 percent effective the first full pay period after September 3, 2024, and adding Section 7(c) contributing $18,000 in calendar year 2024 to employee’s 401(k) deferred compensation account, which shall be distributed in a lump sum in the first full pay period after the amendment is executed, and contributing $15,000 annually to empoyees 401(k) deferred compensation account in calendar year 2025 and each calendar year thereafter, distributed on a bi-weekly basis in employee’s paychecks. The motion passed by unanimous vote of the Council.
A motion was made by Hoffmeister and seconded by Aliano to adopt Resolution No. 24-4735.2 entitled, “A Resolution Approving the Ci8ty of Concord’s Salary Schedule, Effective September 16 2024, in Accordance with the Requirements of the California Public Employees’ Retirement System for a Publicly Available Pay Schedule.” The motion passed by unanimous vote of the Council.
City Attorney Susanne Brown returned to the dais, and Senior Assistant City Attorney Thomas Capriola left the dais.
REVISE POLICY AND PROCEDURE NO. 2 – Defined Mayoral Rotation City Clerk Joelle Fockler presented the report, providing background information and presenting the Policy, Development and Internal Operations Committee’s (Birsan/Obringer) recommended wording defining the proposed defined mayoral rotation.
Following questions from the City Council, Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
Due to lack of support, there was no motion or action taken on this item.
CORRESPONDENCE
a. Agenda Item No. 3.b – Contra Costa Library Self-Service Sunday’s Pilot Program – PowerPoint Presentation
b. Agenda Item No. 5.g – 2025-30 Consolidated Plan – Benched Correspondence c. Agenda Item No. 5.i – Citywide Sidewal Repair (Project No. 2666)– Benched Correspondence d. Agenda Item No. 6.b – Defined Mayoral Rotation – 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.
City Council Minutes November 12, 2024
5 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on November 12, 2024, at 7:52 p.m /s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK