REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, SEPTEMBER 12, 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 12, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Nakamura.
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
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Monique Robinson, Administrative Secretary; Greg Taylor, Director of Information Technology; James Nakayama, Police Captain; Kevin Marstall, Director of Community Development; William Tarbox, Director of Public Works; Abhishek Parikh, Deputy Director of Public Works – Transportation; Sophia Huckabay, Housing Manager; Leng Power, Community Services Manager; Frank Abejo, Principal Planner; Ryan Lenhardt, Senior Planner; Kit Jory, Parks Manager; Kelly Rush, Housing Program Analyst
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Pete Bennett; Kevin King, Concord; Kip; Shannon Reef, Moms Demand Action for Gun Sense; Wallace Freddie
PUBLIC COMMENT PERIOD
Pete Bennett spoke of his friends, customers, and family being murdered and stated that he is homeless.
Kevin King, Concord, spoke of concerns over striping on the Alberta Way Pavement Rehabilitation Project.
Kip spoke of Dr. Clark’s budget presentation during the joint meeting with MDUSD and low teacher compensation.
Shannon Reef, Moms Demand Action for Gun Sense, spoke of National Suicide Prevention Month and the availability of 988, a suicide prevention hotline.
Wallace Freddie spoke of issues with loitering and a rat infestation at the El Monte Shopping Center.
CITY COUNCIL CONSENT CALENDAR
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
City Council Minutes September 12, 2023
2 APPROVAL OF TASK ORDER – Advanced Mobility Group
A motion was made by Obringer and seconded by Birsan to approve a Task Order with Advanced Mobility Group under the existing Master Service Agreement (MSA), Agreement No. CCA - 6073, approved by City Council on June 27, 2023, to provide staff augmentation services for the Transportation Division for $300,000 per fiscal year (for a total of $600,000) through June 30 2025; and authorize the City Manager to execute the Task Order in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
ADOPTION OF ORDINANCE NO. 23-6 – Objective Design Standards A motion was made by Obringer and seconded by Birsan to adopt Ordinance No. 23-6, entitled, "An Ordinance Amending the City of Concord's Development Code (Title 18) by Adding Chapter 18.152 - Objective Design Standards (2023-2031 Housing Element Objective 15.3) (PL23101 - DC)." Ordinance No. 23-6 was introduced on August 22, 2023, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 23-62 – Fiscal Year 2022/23 Consolidated Annual Performance and Evaluation Report (CAPER)
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-62 entitled, “A Resolution Accepting the FY2022/23 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.
INTRODUCTION OF ORDINANCE NO. 23-8 – Accessory Dwelling Units This item was removed from consideration on the Consent Calendar by Mayor Hoffmeister because it was not yet 6:30 p.m., and the Public Hearing on the item could not start until 6:30 p.m. or later.
A motion was made by Birsan and seconded by Nakamura to introduce Ordinance No. 23-8 entitled, “An Ordinance Amending the Concord Municipal Code Title 18 Development Code, Section
18.200.180 (Accessory Dwelling Units) (PL20005 - DC)” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEM
RESIDENTIAL RENT STABILIZATION AND JUST CAUSE FOR EVICTION WORKSHOP – continued from September 5, 2023
Housing Manager Sophia Huckaby reviewed the item and noted that the item was continued from September 5. She reported that public comment on the item was held on September 5, and that the September 12 meeting would focus on questions received from the Council on September 5, including the number of affordable housing complexes in Concord that include low-income housing tax credit financing and affordable rents versus Consumer Price Index (CPI). Housing Manager Huckabay introduced Suzy Kim from RSG, who spoke to affordable rents versus Consumer Price Index. Housing Manager Huckabay provided a recap of the state law limits for rent stabilization and just cause for eviction and requested rent stabilization policy direction on petition types allowed and capital improvement passthroughs, and just cause eviction policy direction on covered units, optional additional requirements, relocation assistance for no-fault evictions, and the effective period.
City Council Minutes September 12, 2023
3 Following discussion by the City Council, the Council provided feedback and requested information on the following:
1. How do comparable cities and State laws define/include single-family home rental with accessory dwelling units (ADUs) rental type, and home match-like programs where a room is rented and includes shared kitchen facilities?
2. Provide details on “bundled fees” and a clear definition of housing services to include in rent definition.
3. Display option for 70 percent of CPI, max 5 percent.
4. Provide information on minimum allowable rent increases per year if annual CPI is 0 percent or below.
5. Provide information on cost to operate a multi-family property.
6. The average annual turnover percentage in Concord, state, and rent controlled units (vacancy decontrol).
7. How do other cities address petition types and what options are there?
8. What may be petitioned (i.e., level of housing services being reduced)?
9. Provide more information on temporary allowable pass throughs.
10. How do other cities define capital improvement?
11. How do other cities allow or limit the amount of passthrough?
12. How much do each of the petitions cost on average and how do other cities handle costs?
13. Clarify what is permitted and exempt under AB 1482.
14. What have other cities used for a threshold for the minimum cost of repairs for substantial renovation?
15. How do other jurisdictions handle the following:
Does the tenant have the right to return if renovations are completed after the lease term ends? How long does the right of return last?
What mechanism are there for providing plan and proof of renovations – building permits, invoices, etc.
Do tenants return to the same rent amount, or can property owners increase rent to amortize improvement costs?
Do property owners offer a comparable unit at the same rent or pay hotel costs and services during relocation?
16. How have other cities established rent registry fees and what are the average fees? A motion was made by Birsan and seconded by Nakamura to continue the item to October 10, 2023. The motion passed by unanimous vote of the Council.
CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF AN ORDINANCE AND ADOPTION OF A RESOLUTION – Affordable Housing and Amending Inclusionary Housing Fee
The Mayor announced that the item is continued to Tuesday, December 12, 2023.
City Council Minutes September 12, 2023
4 CORRESPONDENCE
a. 988 Fact Sheet
b. Agenda Item No. 4.a – Rent Stabilization and Just Cause for Eviction – Benched Correspondence
c. Agenda Item No. 4.a – Rent Stabilization and Just Cause for Eviction – PowerPoint Presentation
COUNCIL REPORTS
Mayor Hoffmeister appointed Councilmember Obringer and herself to serve on a Council Ad Hoc Committee to advise the City Manager regarding planning efforts around Diablo Creek Golf Course; the ad-hoc will exist until final committee recommendations are made to the full Council or until September 12, 2024, whichever is sooner.
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 12, 2023, at 9:00 p.m. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK