REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, OCTOBER 10, 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, October 10, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Mayor Hoffmeister. 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 Obringer
participated remotely pursuant to AB 2449)
STAFF PRESENT: Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; James Nakayama, Police Captain; Kevin Marstall, Director of Community Development; William Tarbox, Director of Public Works; Craig Blythe, Administrative Services Manager; Jeff Rayos, Senior Administrative Analyst; Kit Jory, Parks Manager; Michael Hoesch, Urban Forester; Carlton Thompson, City
Engineer; Bernard Enrile, CIP Manager; Deyuanne Lei,
Associate Civil Engineer; Sophia Huckabay, Housing Manager
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Eric Haynes, Concord; Lupe Tolento, Concord; Hope Johnson, Concord; Ady Olvera, Concord; Natalie; Nikita Rodgers
Mayor Hoffmeister requested a moment of silence to reflect upon the recent horrific events in Israel.
PUBLIC COMMENT PERIOD
Eric Haynes, Concord, acknowledged City Council leadership related to Concord Naval Weapons Station and spoke in opposition to using Americorp as the developer of the Asbury Apartments project.
Lupe Tolento, Concord, spoke in support of Zoom public comment during City Council meetings.
Hope Johnson, Concord, spoke in support of Zoom public comment during City Council meetings.
Ady Olvera, Concord, echoed Lupe Tolento and Hope Johnson in support of Zoom public comment during City Council meetings.
Natalie spoke in support of Zoom public comment during City Council meetings.
Nikita Rodgers spoke about a serial rapist in Concord, and her fear for public safety.
PRESENTATIONS
City Council Minutes October 10, 2023
2 CONTRA COSTA COUNTY BOARD OF SUPERVISORS DISTRICT IV UPDATE Mayor Hoffmeister introduced Supervisor Ken Carlson who presented an update on the Contra Costa Board of Supervisors District IV.
Mayor Hoffmeister opened a public comment period.
Natalie expressed appreciation for Supervisor Carlson’s presentation and spoke about the County’s plan to store Greenhouse Gases in the soil through agricultural gardens and planting trees, and inquired if the County can hire an archeologist who could identify archeological assets within the County, and whether other sites should be investigated for preservation.
Ady, Concord, echoed appreciation for Supervisor Carlson’s presentation and inquired if the County has plans to hold a community forum to discuss use for Measure X funds and to give the community an opportunity to discuss potential use of the funds.
Mayor Hoffmeister 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 29 and September 12, 19, and 26, 2023 Special meetings, and September 12, 2023 Regular meeting
A motion was made by Birsan and seconded by Nakamura to approve the benched minutes from the August 29, 2023, special meeting, the September 12, 19, and 26, 2023, special meetings, and September 12, 2023, regular meeting. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 23-63 – State of California Department of Resources Recycling and Recovery (CalRecycle)
A motion was made by Birsan and seconded by Nakamura to adopt Resolution No. 23-63 entitled, “A Resolution Authorizing Submittal of Applications to CalRecycle for Grant Programs, Payment Programs and Related Authorization.” The motion passed by unanimous vote of the Council.
PURCHASE OF TEN REPLACEMENT VEHICLES – Police Investigations A motion was made by Birsan and seconded by Nakamura to approve the purchase of ten replacement vehicles for Police Investigations to National Auto Fleet Group in the amount of $329,597.89.
The motion passed by unanimous vote of the Council.
AWARD OF AN AGREEMENT – Pinnacle Petroleum
A motion was made by Birsan and seconded by Nakamura to award a two-year and four-month agreement with the option to extend for two additional one-year periods for the provision and delivery of unleaded fuel on an as-need basis up to the amount of $650,000 per year to Pinnacle Petroleum; 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. 23-64 - California Department of Resources Recycling and Recovery Used Oil Payment Program (CalRecycle)
A motion was made by Birsan and seconded by Nakamura to adopt Resolution No. 23-64 entitled, “A Resolution Accepting and Appropriating Grant Funding from the California Department of City Council Minutes October 10, 2023
3 Resources Recycling and Recovery Used Oil Payment Program (CalRecycle) in the amount of $71,223 for the Oil Payment Program, Project No. 2327.” The motion passed by unanimous vote of the Council.
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – PlanIT Geo, Inc.
A motion was made by Birsan and seconded by Nakamura to approve a Professional Services Agreement with PlanIT Geo, Inc. in the not-to-exceed amount of $249,024 (base agreement of $226,385 plus staff authority to spend up to a 10% contingency of $22,639) to conduct a Citywide Tree Inventory, Tree Maintenance Plan, and deploy Tree Management Software; 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. 23-65 - California Department of Resources (CalRecycle) Beverage Container Recycling City/County Payment Program
A motion was made by Birsan and seconded by Nakamura to adopt Resolution No. 23-65 entitled, “A Resolution Accepting Funding under the California Beverage Container Recycling and Litter Abatement City/County Payment Program and Allocating the Funds to Beverage Container Recycling and Litter Abatement Activities within the City of Concord.” The motion passed by unanimous vote of the Council.
APPROVAL OF A BUDGET TRANSFER – Willow Pass Pedestrian Crossing (Project No. 2634) A motion was made by Birsan and seconded by Nakamura to approve a budget transfer in the amount of $45,000 to the Willow Pass Pedestrian Crossing (Project No. 2634), located on Salvio Street near Olivera Road, from Pothole and Base Repair #2, Port Chicago and Bates (Project No. 2556) to Project 2634, and associated appropriation of such funds to Project 2634. 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 and September 12, 2023
Housing Manager Sophia Huckaby reviewed the item and noted that this presentation’s focus was on questions received from the Council on September 12, including seeking additional direction from Council to get information for drafting the Rent Stabilization and Just Cause for Eviction Ordinances.
Housing Manager Huckabay introduced Mark Sawicki from RSG, who discussed capital improvement pass-throughs, petition costs, and retroactive rent adjustment pertaining to rent stabilization policy direction; substantial renovation for ‘No-Fault’ just cause and right of return after renovations completed pertaining to just cause eviction policy direction; residential rent registry fees pertaining to policy direction for both rent stabilization and just cause eviction; and explained that Council was being requested to provide policy direction on each of the topics.
Following questions and discussion by the City Council, the Council provided feedback to be incorporated into Ordinances for Rent Stabilization and Just Cause for Eviction as follows:
No Capital Improvement Pass-Throughs
No tenant fees related to tenant petitions; property owner petitions fees paid by property owners
Retroactive Clause set to January 12, 2023; beginning September 2023 refund within 30 days
Substantial Renovation for “No-Fault” Just Cause definition to match State Law (AB 1482 and SB 567)
Right of Return after Renovations Completed
oAllow tenants the following two options:
City Council Minutes October 10, 2023
4 Select “no fault” relocation payment and give up right of return Temporarily relocate and retain right of return
oRight to return to same base rent as when tenant vacated unit Right of Return after Renovations Completed
oRelocation period is 30 days or more, relocate the tenant:
To a hotel
To a similar unit in the same complex or neighborhood; OR To a mutually agreed upon alternate unit
Residential Rent Registry Fees – No pass-throughs
Provide clear definition of Fair Market Rate
Update Relocation Assistance for No Fault Evictions
oAdd option for three months’ rent or $8,500
oAdd option for three months’ rent at fair market rate based on HUD FMR oAdd option for three months’ rent at fair market rate plus $3,000 oAdd option for four months’ rent for vulnerable population oAdd option for vulnerable populations for four months’ rent and $3,000
CORRESPONDENCE
a. Agenda Item No. 3.a – District Update – PowerPoint Presentation b. Agenda Item No. 4.a – Benched August 29, 2023 Meeting Minutes c. Agenda Item No. 4.b – Resources Recycling and Recovery – Benched Correspondence d. Agenda Item No. 4.c – Purchase of Replacement Vehicles – Benched Correspondence e. Agenda Item No. 4.e – Recycling and Recovery Used Oil Payment Program – Benched Correspondence
f. Agenda Item No. 4.g – Beverage Container Recycling City/County Payment Program – Benched Correspondence
g. Agenda Item No. 5.a – Rent Stabilization and Just Cause for Eviction – Benched Correspondence
h. Agenda Item No. 5.a – Rent Stabilization and Just Cause for Eviction – 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 October 10, 2023, at 9:24 p.m. /s/
LAURA M. HOFFMEISTER
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK