REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, SEPTEMBER 5, 2023
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 6:00 p.m. on Tuesday, September 5, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Obringer.
Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister (Councilmember Nakamura
participated remotely pursuant to AB 2449)
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Monique Robinson, Administrative Secretary; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Kevin Marstall, Director of Community
Development; William Tarbox, Director of Public Works; Shaun Parsley, Police Corporal; Sean Donnelly, Police Lieutenant; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Tianjun Cao, Associate Civil Engineer; Deyuanne Lei, Associate Civil Engineer; Mindy Gentry, Planning Manager; Sophia
Huckabay, Housing Manager; Frank Abejo, Principal Planner
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Sreenivas Ramireddry, Danville; Aeysha Corio, Contra Costa Association of Realtors; Josh Aniger, Contra Costa Labor Council; Robert Ring; Reed Robertson, Concord; Mary Estrada, Concord; Angie Chape, Concord; Mercedes Pena, Concord;
Blaine Carter, Concord; John De Sousa, Concord; Marisol Chavez, Rising Juntos; Julia Zermeno, Rising Juntos; Dalila Quirarte, Rising Juntos; Kenneth Kent, Concord; Joe Summers, Contra Costa Labor Council; Uziel Acosta, Concord; Elsie Mills, Concord; Traci Young, Contra Costa Labor Council; Cleo Arias, Concord; Rev. Laura Eberly, Episcopal Clergy; Mari Martinez, Concord; Carlos Gama, Concord; Guadalupe Tolento, Concord; Maria Muillo, Concord; Betty Gabaldon, Todos Santos Tenants Union; Alyssa Kang, California Nurses Association; Debra Ballinger, Concord; Valerie Crowell, Concord; Dolores Ramos, Rising Juntos; Cristina Marin, Rising Juntos; Tammy Chen, Concord; George de Sousa, Concord; Maria de Sousa, Concord; Mac Zhu; Elena Lieberman, CCRM; Jima Monson, Rising
Juntos; Destiny Castillo; Rhovy Lyn Antonio, California Apartment Association; Juan Domian, Todos Santos Tenants Union; Mark Orcutt, East Bay Leadership Council; Karen
Hernandez; Latrel Powell, Public Advocates; Amy Scott-Slovick, R.N., California Nurses Association; Jim Yan, Concord; Kelly Zhao, EBASE; Jo Sciarroni, Concord; Ali Uscilka, Concord; Chao City Council Minutes September 5, 2023
2 Ruem, Concord; Janet Kinney, California Nurses Association; Jennifer Morales, Monument Impact; Maria Dominguez,
Concord; Vanessa Chena, Monument Impact; Gabi Rivas, Rising Juntos; Rhea Laughlin, Rising Juntos; Rev. Millie Phillips, Faith Alliance for a Moral Economy; Kristi Laughlin, EBASE;
Anonymous; Wallace Freddie; Peter; Meina Young; Alma
Jimenez, Monument Impact; Natalie; Astrid; Eduardo Torres, Get it Together; Jennifer Lu, BAHN; Rev. Steve Hahn, Ygnacio Valley Presbyterian Church; Ady Olvera, Concord
PUBLIC COMMENT PERIOD
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL CONSENT CALENDAR
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF MINUTES – August 22, 2023
A motion was made by Obringer and seconded by Birsan to approve the minutes from the August 22, 2023, regular meeting. The motion passed by unanimous vote of the Council.
APPROVAL OF PURCHASE – 75 Cradlepoint 5G Ruggedized Network Routers and Antennas A motion was made by Obringer and seconded by Birsan to approve the purchase of 75 Cradlepoint 5G ruggedized network routers and antennas for use in police vehicles from CDCE Inc. in an amount not to exceed $231,106.57, including a 10% contingency, in accordance with the City’s technology replacement schedule. The motion passed by unanimous vote of the Council.
APPROVAL TO RENEW AN AGREEMENT – Contra Costa County Sheriff’s Office, Forensic Services Division
A motion was made by Obringer and seconded by Birsan to renew the agreement between the City of Concord and the Contra Costa County Sheriff’s Office, Forensic Services Division, for the County to provide forensic services from July 1, 2023 to June 30, 2025 (2-years) with a not-to-exceed cost of $525,000 for each fiscal year, 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.
DESIGNATING MAYOR HOFFMEISTER AS THE VOTING DELEGATE FOR THE LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO
A motion was made by Obringer and seconded by Birsan to designate Mayor Hoffmeister as the Voting Delegate for the League of California Cities Annual Conference and Expo on September 20-22, 2023. The motion passed by unanimous vote of the Council.
RESPONSE TO CONTRA COSTA GRAND JURY REPORT NO. 2306 – Affordable Housing: “A Plan Without a Home”
A motion was made by Obringer and seconded by Birsan to approve the City’s Response to Contra Costa County Grand Jury Report No. 2306, Affordable Housing: “A Plan Without a Home.” The motion passed by unanimous vote of the Council.
City Council Minutes September 5, 2023
3 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – BKF Engineers for the Willow Pass and Landana Sewer Capacity Improvements Project (Project Nos. 2702 and 2704) A motion was made by Obringer and seconded by Birsan to approve a Professional Services Agreement in the amount of $648,000 (base agreement of $589,000 plus staff authority to spend up to a 10% contingency of $59,000) to BKF Engineers for project design and related services for the Willow Pass and Landana Sewer Capacity Improvements Project (Willow Pass Road and Landana Drive) [Project Nos. 2702 and 2704]; 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.
ADOPTION OF RESOLUTION NO. 23-61 – Grant Funding from the California Office of Traffic Safety (OTS)
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-61 entitled, “A Resolution Accepting and Appropriating Grant Funding from the California Office of Traffic Safety (OTS) in the Amount of $275,000 for Select Traffic Enforcement and Appropriation of Funds and Approval for Use for the City’s Selective Traffic Enforcement Program (Project No. 2711).” The motion passed by unanimous vote of the Council.
AWARD OF A CONSTRUCTION CONTRACT AND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Monument Boulevard Signal Upgrade (Project No. 2578) A motion was made by Obringer and seconded by Birsan to approve the following:
1. Award a Construction Contract in the not-to-exceed amount of $1,981,000 to St. Francis Electric, LLC, authorizing staff to utilize the available project contingency for contract change orders up to an additional 10% of the contract amount for the Monument Boulevard Signal Upgrade (Project No. 2578) located on Monument Boulevard between Concord Boulevard and Mohr Lane; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;
2. Approve an Agreement for Professional Services with Mark Thomas and Company, Inc. in the not-to-exceed amount of $349,495.30 (base agreement of $317,723 plus staff authority to spend up to a 10% contingency of $31,772.30) to provide construction management, inspection, and materials testing services for Monument Boulevard Signal Upgrade (Project No. 2578) located on Monument Boulevard between Concord Boulevard and Mohr Lane; 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 Project No. 2578, and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEM
RESIDENTIAL RENT STABILIZATION AND JUST CAUSE FOR EVICTION WORKSHOP Housing Manager Sophia Huckabay presented the staff report, provided background information and explained the purpose and need for a Housing Policy in the City of Concord, gave an overview of the research and community outreach conducted, and highlighted comparisons to other jurisdictions’ policies.
Suzy Kim, Director with RSG, continued the presentation and provided an overview of different State laws that provide protections and limits relating to rent stabilization, an overview of local law that grants additional protections to Concord residents, and discussed rent stabilization factors including covered units, rent increase limits, rent banking, petition for fair return, petition for capital improvement pass-throughs, tenant petitions, and petition fees. Ms. Kim then explained policy decisions for just cause City Council Minutes September 5, 2023
4 for evictions including covered/exempt units, additional thresholds/requirements, relocation assistance, and just cause effective period, and policy decisions related to enforcement and fee structure, providing policy options for consideration and feedback related to enforcement, administration and fees, and retroactive rent limit. She then explained that Council was being requested to provide feedback on elements to be incorporated into a Residential Rent Stabilization Ordinance and Amendments to the Just Cause for Eviction Component of the City’s Residential Tenant Protection Ordinance.
Following questions from the Council, Mayor Hoffmeister opened a public comment period.
The following people spoke in support of a Residential Rent Stabilization Ordinance and Just Cause for Eviction Component of the City’s Residential Tenant Protection Ordinance for the City of Concord:
Josh Anijar, Contra Costa Labor Council
Mary Estrada, Concord
Angie Chape, Concord
Mercedes Pena, Concord
Marisol Chavez, Rising Juntos
Julia Zermeno, Rising Juntos
Dalila Quirarte, Rising Juntos
Kenneth Kent, Concord
Joe Summers, Contra Costa Labor Council
Uziel Acosta, Concord
Elsie Mills, Concord
Traci Young, Contra Costa Labor Council
Cleo Arias, Concord
Rev. Laura Eberly, Episcopal Clergy
Mari Martinez, Concord
Carlos Gama, Concord
Guadalupe Tolento, Concord
Maria Muillo, Concord
Betty Gabaldon, Todos Santos Tenants Union
Alyssa Kang, California Nurses Association
Debra Ballinger, Concord
Dolores Ramos, Rising Juntos
Cristina Marin, Rising Juntos
Jima Monson, Rising Juntos
Destiny Castillo
Juan Domian, Todos Santos Tenants Union
Karen Hernandez
Latrel Powell, Public Advocates
Amy Scott-Slovick, R.N., California Nurses Association
City Council Minutes September 5, 2023
5 Kelly Zhao, EBASE
Ali Uscilka, Concord
Janet Kinney, California Nurses Association
Jennifer Morales, Monument Impact
Maria Dominguez, Concord
Vanessa Chena, Monument Impact
Gabi Rivas, Rising Juntos
Rhea Laughlin, Rising Juntos
Rev. Millie Phillips, Faith Alliance for a Moral Economy Kristi Laughlin, EBASE
Alma Jimenez, Monument Impact
Natalie
Eduardo Torres, Get it Together
Rev. Steve Hahn, Ygnacio Valley Presbyterian Church
Ady Olvera, Concord
The following people spoke in opposition of a Residential Rent Stabilization Ordinance and Just Cause for Eviction Component of the City’s Residential Tenant Protection Ordinance for the City of Concord:
Sreenivas Ramireddry, Danville
Aeysha Corio, Contra Costa Association of Realtors
Robert Ring
Reed Robertson, Concord
Blaine Carter, Concord
John De Sousa, Concord
Valerie Crowell, Concord
Tammy Chen, Concord
George de Sousa, Concord
Maria de Sousa, Concord
Mac Zhu
Elena Lieberman, CCRM
Rhovy Lyn Antonio, California Apartment Association
Mark Orcutt, East Bay Leadership Council
Jim Yan, Concord
Jo Sciarroni, Concord
Chao Ruem, Concord
Anonymous
Wallace Freddie
City Council Minutes September 5, 2023
6 Peter
Meina Young
Astrid
Jennifer Lu, BAHN
Mayor Hoffmeister closed the public comment period.
Mayor Hoffmeister recessed the meeting at 8:51 p.m. The meeting resumed at 9:07 p.m.
Due to the time and the remaining public hearing item, Mayor Hoffmeister recessed Agenda Item No. 4.a at 9:35 p.m. to consider Agenda Item No. 5.a before 10:00 p.m. Agenda Item No. 4.a resumed at 10:34 p.m.
Following discussion by the Council, a motion was made by Birsan and seconded by Aliano to continue Agenda Item No. 4.a to Tuesday, September 12, 2023, at 6:00 p.m. The motion passed by unanimous vote of the Council.
Due to the late hour, a motion was made by Aliano and seconded by Obringer to consider the remaining items on the agenda. The motion passed by unanimous vote of the Council.
CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE NO. 23-7 – Housing Acceleration Development Code Amendments Principal Planner Frank Abejo presented the staff report, provided background information and explained the purpose of the proposed Development Code amendments, discussed the amendments related to State law including design and site review exemptions and creating a new chapter for pre- application procedures, and the amendments related to the Housing Element. Mr. Abejo expanded on the policy discussion topics, referenced the CEQA exemption, and explained that Council was being requested to introduce an Ordinance amending the Concord Municipal Code, Title 18 (Development Code), Chapter 18.405 (Permit application and processing) and Chapter 18.415 (Design and site review), and adding Chapter 18.402 (Pre-application procedures) in order to implement State law and the 2023- 2031 Housing Element, to accelerate housing production, by reading of the title only and waiving further reading.
Following questions from the Council, Mayor Hoffmeister 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 Obringer and seconded by Aliano to introduce Ordinance No. 23-7 entitled, “An Ordinance Amending Concord Municipal Code, Title 18 (Development Code), Chapter 18.405 (Permit Application and Processing) and Chapter 18.415 (Design and Site Review), and Adding Chapter 18.402 (Pre-Application Procedures)” by reading of the title only and waiving further reading, with the following text changes to Exhibit A of the Ordinance:
Section 18.405.050 ‘Neighborhood Meeting’
oSubject A, Sections 1 and 2 – Change from 300 feet to 500 feet oSubject B – Change from 300 feet to 500 feet
Section 18.415.020 ‘Applicability,’ Subject A, Section 11 – “Residential and mixed-use projects that do not meet…”
Section 18.415.030 ‘Exemptions,’ Subject M – “Residential or mixed-use development projects that conform to objective design standards. For purposes of this section, a mixed-use development shall mean a project with at least two-thirds of total square footage designed for residential use (including residential amenities) and that meets the City Council Minutes September 5, 2023
7 minimum residential density required by the General Plan.” Section 18.415.030 ‘Exemptions,’ Subject N – “Residential or mixed-use development on sites previously…”
The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Agenda Item No. 4.a – Rent Stabilization and Just Cause for Eviction – Benched Correspondence
b. Agenda Item No. 4.a – Rent Stabilization and Just Cause for Eviction – PowerPoint Presentation c. Agenda Item No. 5.a – Housing Acceleration Development 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 5, 2023, at 11:56 p.m. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK