REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JUNE 14, 2022
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 p.m. on Tuesday, June 14, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember Birsan. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Lauran Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT:: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Neetu Salwan, Deputy City Clerk; Greg Taylor, Director of Information Technology; William Tarbox, Director of Public Works; Kevin Marstall, Director of Community Development; Brenda Kain, Housing Manager; Mindy Gentry, Planning
Manager; Aaron Sage, Principal Planner
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Laura Nakamura, Concord; D’Marco Anthony, Concord; David Schubb; Elena Lieberman; Leah Simon-Weisberg; J. Lawton; Rovy Lyn Antonio; Anthony; Joshua Howard; Charlie; Karen Hernandez; Sandra Tolento; Maria Miranda; Erica Flores; Guadalupe Tolento; Laura Ochoa; Betty Gabaldon; Ima Monson; Azucena Torres; Rocio; Millie Phillips; Kristi Laughlin; Ady Olvera; Mariana Moore: Rev. Sophie DeWitt; Alyssa Kang, California Nurses Association; Alex Werth, East Bay Housing Organization; Debra Ballinger, Monument Impact; Jennifer Morales; Cora Mitchell
PUBLIC COMMENT PERIOD
Laura Nakamura, Concord, spoke of gun safety and requested that the City Council adopt an Ordinance regarding the safe storage of firearms.
CITY COUNCIL CONSENT CALENDAR
Mayor Aliano opened a public comment period, and upon receiving no public comment, the public comment period was closed.
APPROVAL OF MINUTES – May 3, 10, and 24, 2022
A motion was made by Obringer and seconded by Hoffmeister to approve the minutes from the May 3, 10, and 24, 2022, meetings. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 22-42 – General Municipal Election and Specifications of the Elections Order
City Council Minutes June 14, 2022
This item was pulled from consideration on the Consent Calendar by Concord resident D’Marco Anthony who spoke in opposition to a tie vote being decided by lot.
A motion was made by Obringer and seconded by Hoffmeister to adopt Resolution No. 22-42 entitled, “A Resolution Calling for and Ordering a General Municipal Election and Specifications of the Election Order for the Purpose of Electing a Total of Three Members of the City Council to Seats in Districts 1, 3, and 5, one Member for each District, and The City Treasurer, each for Full Terms of Four Years, and Requesting and Consenting to the Consolidation of Said General Municipal Election with the General Election to be Held on November 8, 2022.” The motion passed by unanimous vote of the Council.
AWARD OF CONTRACT, APPROVAL OF PROFESSIONAL SERVICES AGREEMENT, APPROVAL OF AN AMENDMENT TO CALTRANS’ COOPERATIVE IMPLEMENTATION AGREEMENT, AND APPROVAL OF BUDGET TRANSFERS – Hillcrest Park Regional Green Infrastructure Project (Project No. 2512
A motion was made by Obringer and seconded by Hoffmeister to:
1. Award a construction contract in the amount $3,842,741.50 to Ghilotti Bros., Inc. for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); authorize staff to utilize the available project contingency for contract change orders that become necessary up to 5% 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 UNICO Engineering in the not-to- exceed amount of $315,828.54 (base agreement of $300,789.09 plus staff authority to spend up to a 5% contingency of $15,039.45) to provide construction management, inspection, and materials testing services for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.
3. Approve an amendment to Caltrans’ Cooperative Implementation Agreement with City, which provides additional funding in the amount of $800,000.00 from Caltrans, for construction of the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney.
4. Approve budget transfers in the total amount of $500,000 to the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512), including: $66,551 from PJ 2373 (Gateway Blvd Median Replant, Fund 402); $156,820 from PJ 2372 (Park System Needs, Funds 400 and 401); $17,449 from PJ 1833 (Creek Drainage Improvements, Funds 270 & 400); $210,000 from PJ 2442 (Green Infrastructure Pilot, Fund 401) and $49,180 from PJ 2521 (Full Trash Capture Devices #4, Fund 270).
The motion passed by unanimous vote of the Council.
APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS – 4LEAF, West Code Consultants, TRB and Associates, and Shums Coda Associates
A motion was made by Obringer and seconded by Hoffmeister to approve Professional Services Agreements in the amount of $500,000 each for five-year terms with 4LEAF, West Coast Code Consultants, TRB and Associates, and Shums Coda Associates for Plan Check and Building Inspection services, 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.
The Mayor then took the following agenda items out of agenda order.
City Council Minutes June 14, 2022
CORRESPONDENCE
a. Written Public Comment – Agenda Item No. 2
b. Benched Correspondence – Agenda Item No. 4.a, Housing Element Update c. PowerPoint Presentation – Agenda Item No. 4.a, Housing Element Update d. Benched Correspondence – Agenda Item No. 5.a, Residential Tenant Anti-Harassment Protection
e. Benched Correspondence Received After 3 p.m. on Meeting Day – Agenda Item No. 5.a, Residential Tenant Anti-Harassment
f. PowerPoint Presentation – Agenda Item No. 5.a, Residential Tenant Anti-Harassment
COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.
Mayor Aliano reported out from the Ad Hoc Committee to Advise the City Manager on Federal Legislative Efforts comprised of himself and Councilmember McGallian stating that they, along with staff, have been working with representatives from Congressman DeSaulnier’s, Senator Padilla’s, and Senator Feinstein’s offices, and Congressman DeSaulnier has moved forward $631,000 for accessible pedestrian push buttons, curb ramps, and traffic signal cabinets at 18 intersections; Senator Padilla’s office has moved forward with $1.5 million for the Monument Fiber Project and $1.5 million to upgrade street lights to LED; and Senator Feinstein’s office has moved forward with $500,000 to upgrade streetlights to LED.
Mayor Aliano recessed the meeting at 6:23 p.m. The meeting resumed at 6:30 p.m.
CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE – Residential Tenant Anti-Harassment Protection Housing Manager Brenda Kain introduced Craig Whittom, MRG, who provided a background, reviewed the Ordinance changes since December 2021, and provided three policy decisions that the Council Committee on Housing and Economic Development recommended the full Council consider:
Policy Decision #1 – Elective Renovations – Prohibited landlord activity A. Conduct elective renovation or construction of a rental unit without the tenant’s express written advance permission.
B. Conduct elective renovation or construction of a rental unit for the purpose of harassing a tenant, with intent to terminate a tenancy.
Policy Decision #2 – Material Terms of Tenancy – Prohibited landlord activity A. Unilaterally impose or require an existing tenant to agree to new material terms of tenancy or a new rental agreement, unless the change in the terms of the tenancy is authorized pursuant to state law, including Civil Code Sections 1946.2(f), 1947.5, or 1947.12, or required by Federal, State, or local law or regulatory agreement with a government agency.
B. Prohibition above limited to Housing Services only.
Policy Decision #3 – Abuse of Right of Access – Prohibited landlord action A. Entry to show the residential real property to a prospective or actual purchaser (if the landlord has not notified the tenant in writing within 120 days of the oral notice that the property is for sale and the tenant was informed they may be contacted to allow for an inspection).
City Council Minutes June 14, 2022
B. Same as Option 4.a, but adding the following clause “or placing a “lock box” on residential real property for the purpose of showing such residential real property to a prospective or actual purchaser” at the end.
Mr. Whittom concluded his presentation by stating that the Council was requested to provide direction on the three policy options and introduce the Ordinance by reading of the title only and waiving further reading.
Following questions from the City Council, Mayor Aliano opened a public comment period.
The following people spoke in opposition to the proposed Ordinance:
David Schubb
Elena Lieberman
Leah Simon-Weisberg
J. Lawton
Rovy Lyn Antonio
Anthony
Joshua Howard
Charlie
The following people spoke in support of the proposed Ordinance:
Karen Hernandez
Sandra Tolento
Maria Miranda
Erica Flores
Guadalupe Tolento
Laura Ochoa
Betty Gabaldon
Ima Monson
Azucena Torres
Rocio
The following people spoke in support of the memorandum and proposed ordinance from Raise the Roof Coalition:
Millie Phillips
Kristi Laughlin
Ady Olvera
Mariana Moore
Rev. Sophia DeWitt
Alyssa Kang, California Nurses Association
Laura Nakamura spoke in support of the proposed Ordinance and the need to eliminate the definition of harassment.
City Council Minutes June 14, 2022
Alex Werth, East Bay Housing Organization (EBHO), spoke of a need to change the definition of harassment.
Debra Ballinger, Monument Impact, spoke in support of Policy Option Decisions 1.A, 4.B, and 5.A as presented in the staff report.
Jennifer Morales requested change to the definition of harassment and the need for just cause eviction.
Cora Mitchell spoke of the need to strengthen the language in the proposed Ordinance.
Mayor Aliano closed the public comment period and recessed the meeting at 8:45 p.m. The meeting resumed at 8:57 p.m.
Following discussion by the Council, a motion was made by Birsan and seconded by McGallian to introduce Ordinance No. 22-9 entitled, “An Ordinance Amending the Concord Municipal Code by Adding Chapter 19.50 Residential Tenant Anti-Harassment Protection’” with the amendments listed below by reading of the title only and waiving further reading.
Elimination of the defined term harassment
19.500.020 Elimination of the words “evidence of”
Add Section 19.500.20(a)(1) Conduct elective renovation or construction of the interior of residential real property without the tenant’s expressed written advance permission 19.50.020(a)(5) Adding the words “Other than at the end of a tenant’s term” Change the word “trebeled” to “tripled”
The motion passed by unanimous vote of the Council.
Mayor Aliano recessed the meeting at 10:30 p.m. The meeting resumed at 10:42 p.m.
CITY COUNCIL CONSIDERATION ITEM
CONSIDERING – the Draft Housing Element Update (HEU)
Principal Planner Aaron Sage introduced the item by announcing a Land Acknowledgement, acknowledging that the area that is now known as Concord was primarily inhabited by the Chupcan tribe of the Bay Miwok, and Concord is also home to members of other tribal groups including Ohlone and Bay Miwok. Mr. Sage reported that the purpose of the acknowledgement is to recognize and honor the native peoples who have stewarded the land today known as Concord, and that the City honors these original habitants by doing tribal consultation on any development project that has the potential to impact Native American cultural or archeological resources.
Principal Planner Sage introduced the project team and provided project history. He outlined community engagement, Housing Element components, and programs implementation, and summarized how to provide input and next steps.
Following questions from the City Council, a motion was made by Hoffmeister and seconded by Birsan to continue this item to a Special Meeting on June 21, 2022, at 6:00 p.m. The motion passed by unanimous vote of the Council.
City Council Minutes June 14, 2022
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 15, 2022, at 12:06 a.m. /s/
DOMINIC ALIANO
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK