REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, DECEMBER 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 6:30 p.m. on Tuesday, December 12, 2023, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Aliano. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Nakamura, Carlyn Obringer, Edi Birsan
COUNCILMEMBERS ABSENT: Laura Hoffmeister
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Garrett Voerge, Police Captain; Nicholas Gartner, Police Lieutenant; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Craig Blythe, Administrative Services Manager; Sophia
Huckabay, Housing Manager; Kelly Rush, Housing Program
Analyst
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Ady Olvera, Concord; Jo Carlson, Walnut Creek; Jeff Weil, Alamo; Linda Mandolini, Eden Housing; Jessica Acosta,
Concord; Duran Naicker; Victoria Snyder, Contra Costa Senior Legal Services; Vanessa Chena, Monument Impact; Jennifer Morales, Monument Impact; Julia Quintero, Monument Impact; Latrel Powell, Public Advocates; Dorena Coon, Concord; Ali Uscilka, Healthy and Active Before Five; Wallace Freddie, Concord; Joe Raphel, Braddock and Logan; Reed Robertson, Concord; Chuck Boughan, Vasona Management; Nick Mosteiro, California Hilltop Apartments; Marissa Jimenez, Bay Area Legal Aid; Mihaela Gough, Centro Legal de la Raza; Betty Gabaldon, Todos Santos Tenants Union; Guadalupe Tolento, Todos Santos Tenants Union; Anne Kendall, Concord; Ethan Silverstein, California Center for Movement Legal Services; Tyler Charron, R&Z Group – Compass; Holly Chen, Concord; Jima Monson,
Rising Juntos; Maria Dolores Ramos, Rising Juntos; Maria Elena Ceja, Rising Juntos; Gabi Rivas, Rising Juntos; Cecilia Perez Mejia, Rising Juntos; Ady Olvera, Concord Communities
Alliance; David Schubb, Contra Costa Association of Realtors; Judi Herman, Concord Communities Alliance; Ed Kellar,
Concord; Rich Lewis, Orinda; Joe Summers, Contra Costa Labor Council; Kent Green, Concord; Chris Schildt, Urban Habitat; Deena Levine-Lipsett, JFCS East Bay; Rhovy Lyn Antonio, California Apartment Association; Eduardo Torres, Tenants City Council Minutes December 12, 2023
2 Together; Maria D. Dominguez, Rising Juntos; Angie Chaupe, Monument Impact; Rev. Steve Hong; Anousheh Massoumi,
Danville; Zhinus Aflatooni, Concord; Rhea Elina Laughlin, Rising Juntos; Kelly Zhao, EBASE
PUBLIC COMMENT PERIOD
Ady Olvera, Concord, spoke in support of Zoom public comment during City Council meetings.
CITY COUNCIL CONSENT CALENDAR
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT – Jordan Consulting & Investigations (JCI)
A motion was made by Obringer and seconded by Nakamura to approve an amendment to the Professional Services Agreement with Jordan Consulting & Investigations (JCI) in the amount of $50,000 for a total not-to-exceed agreement amount of $134,500 for investigative services, and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney. The motion passed by the following vote:
AYES: Aliano, Nakamura, Obringer, Birsan NOES: None ABSENT: Hoffmeister APPROVAL OF THE 2024 CITY COUNCIL MEETING CALENDAR
This item was removed from consideration on the Consent Calendar by Mayor Birsan who expressed interest in changing the start time of City Council meetings from 6:30 p.m. to 6:00 p.m.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Obringer and seconded by Aliano to approve the 2024 City Council Meeting Calendar, in addition to directing staff to bring back a Resolution at a future meeting to change the start time of City Council meetings from 6:30 p.m. to 6:00 p.m. The motion passed by the following vote:
AYES: Aliano, Nakamura, Obringer, Birsan NOES: None ABSENT: Hoffmeister APPROVAL OF AN AGREEMENT – Stommel Inc., DBA Lehr
A motion was made by Obringer and seconded by Nakamura to approve a one (1) year and six (6) month agreement for police vehicle up-fitting services (installation of specialized equipment and accessories within a vehicle) with Stommel Inc. DBA Lehr in the not-to-exceed amount of $350,000 per fiscal year with the option to extend for two (2) additional one (1) year periods, authorizing staff to increase the annual amount no more than 3% in each option year ($1,346,815 total ); and authorize the City Manager to execute an agreement in a form acceptable to the City Attorney. The motion passed by the following vote:
AYES: Aliano, Nakamura, Obringer, Birsan NOES: None ABSENT: Hoffmeister Mayor Birsan took the next item out of agenda order.
City Council Minutes December 12, 2023
3 COUNCIL REPORTS
2024 COUNCILMEMBER APPOINTMENTS ON COUNCIL COMMITTEES AND REGIONAL BODIES
AND BOARDS OF VARIOUS EXTERNAL ORGANIZATIONS
Mayor Birsan proposed appointments to the Council committees and regional bodies and boards of external organizations for 2024 as follows:
APPOINTEES
CHAIR MEMBER
Standing Committees
Policy Development and Internal Operations Birsan Obringer Housing and Economic Development Obringer Nakamura
Infrastructure and Franchise Hoffmeister Aliano
Recreation, Cultural Affairs & Community Services Nakamura Birsan Youth and Education Aliano Hoffmeister
ORGANIZATION MEETING SCHEDULE MEMBER
SECOND
MEMBER OR
ALTERNATE
Association of Bay Area Governments
(ABAG) General Assembly
The General Assembly must be held by
April 1 of each year, the Spring Meeting
is usually held in March, and the Fall
General Assembly is held in October or
November.
Birsan Nakamura
Central Contra Costa Transit
Authority (The County Connection)
3rd Thursday of each month, 9 a.m. Hoffmeister Nakamura East Bay Division of League of CA
Cities
3rd Thursday of each month, 6 p.m. Aliano Birsan
Transportation Partnership and
Cooperation Regional Committee
(TRANSPAC)
2nd Thursday of each month, 9 a.m.
Obringer Nakamura
Marin Clean Energy Board 3rd Thursday of the month, 7 p.m. quarterly or as needed Nakamura Birsan
Contra Costa Mayors Conference 1st Thursday of the month, 6:30 p.m. Birsan Obringer Green Empowerment Zone TBD Obringer Birsan
Innovate 680 PAC Obringer Hoffmeister
Mayor Birsan announced the existing appointments made by the Mayors Conference to serve on regional bodies as follows:
City Council Minutes December 12, 2023
4 Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Nakamura and seconded by Aliano to confirm the 2024 appointments to the City Council on Council committees and regional bodies and boards of various external organizations of which the City is a member as recommended by Mayor Birsan. The motion passed by the following vote:
AYES: Aliano, Nakamura, Obringer, Birsan NOES: None ABSENT: Hoffmeister
CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF AN ORDINANCE – Residential Rent Stabilization and Just Cause for Eviction Housing Manager Sophia Huckabay presented the staff report, provided background information, explained the need for a housing policy in Concord, referenced other jurisdictions with rent stabilization and just cause for eviction policies, and discussed State laws that provide certain protections and limits related to rent stabilization and just cause for eviction, explaining State law limits City options related to just cause for eviction. Housing Manager Huckabay then discussed the additional protections granted to Concord residents under the City’s current law and explained the components of the proposed draft policy for both rent stabilization and just cause for eviction, respectively, as well as those components that apply to both policies. Ms. Huckabay explained that Council was being requested to (1) provide direction on Permanent Relocation Assistance policy options identified in the draft Residential Tenant Protection Program Ordinance, and (2) introduce an Ordinance amending the Concord Municipal Code by amending Concord Municipal Code Chapter 19.40 “Residential Tenant Protection Program” to increase “just cause” eviction protections, expand the City’s rent registry, and establish a rent stabilization program, by reading of the title only and waiving further reading.
Following questions from the City Council, Mayor Birsan opened a public comment period.
The following people spoke in support of an Ordinance related to residential rent stabilization and just cause for eviction but in opposition to the Ordinance as presented:
Linda Mandolini, Eden Housing
Jessica Acosta, Concord
Mayors Conference Appointments Appointee Term Expires
Local Agency Formation
Commission Mayors Conference Birsan
(Alternate) 5/4/27
Airport Land Use Commission Mayors Conference Birsan 5/4/24 Airport Land Use Commission Mayors Conference Obringer 5/4/26 Hazardous Materials
Commission Mayors Conference Birsan
(Alternate) 12/31/23
East Bay Regional Parks
District Advisory Commission Mayors Conference Obringer 12/31/24 East Bay Economic
Development Alliance
Executive Committee
Mayors Conference Obringer 6/30/25
City Council Minutes December 12, 2023
5 Duran Naicker
Vanessa Chena, Monument Impact
Jennifer Morales, Monument Impact
Julia Quintero, Monument Impact
Latrel Powell, Public Advocates
Ali Uscilka, Healthy and Active Before Five
Joe Raphel, Braddock and Logan
Marissa Jimenez, Bay Area Legal Aid
Mihaela Gough, Centro Legal de la Raza
Betty Gabaldon, Todos Santos Tenants Union
Guadalupe Tolento, Todos Santos Tenants Union
Ethan Silverstein, California Center for Movement Legal Services Jima Monson, Rising Juntos
Maria Dolores Ramos, Rising Juntos
Maria Elena Ceja, Rising Juntos
Gabi Rivas, Rising Juntos
Cecilia Perez Mejia, Rising Juntos
Ady Olvera, Concord Communities Alliance
Judi Herman, Concord Communities Alliance
Joe Summers, Contra Costa Labor Council
Chris Schildt, Urban Habitat
Deena Levine-Lipsett, JFCS East Bay
Rhovy Lyn Antonio, California Apartment Association
Eduardo Torres, Tenants Together
Maria D. Dominguez, Rising Juntos
Angie Chaupe, Monument Impact
Rhea Elina Laughlin, Rising Juntos
Kelly Zhao, EBASE
The following people spoke in opposition of the proposed draft Ordinance related to residential rent stabilization and just cause for eviction:
Jo Carlson, Walnut Creek
Jeff Weil, Alamo
Wallace Freddie, Concord
Reed Robertson, Concord
Chuck Boughan, Vasona Management
Nick Mosteiro, California Hilltop Apartments
Anne Kendall, Concord
City Council Minutes December 12, 2023
6 Tyler Charron, R&Z Group – Compass
Holly Chen, Concord
David Schubb, Contra Costa Association of Realtors
Ed Kellar, Concord
Rich Lewis, Orinda
Anousheh Massoumi, Danville
Zhinus Aflatooni, Concord
Victoria Snyder, Contra Costa Senior Legal Services, encouraged Council to consider the associated costs and impact to seniors and other vulnerable populations when determining the relocation payment related to the rent stabilization and just cause for eviction Ordinance.
Dorena Coon, Concord, spoke about the affordable cost of rent in the past, continued increases in rental costs in the recent years, lack of increases to her income, and her need to continue to work to afford current rental prices.
Kent Green, Concord, spoke in support of the proposed draft Ordinance related to residential rent stabilization and just cause for eviction.
Rev. Steve Hong spoke about landlords’ selfishness and their claim that they won’t be able to provide continuous housing in Concord, and his belief that those in attendance have shown courage and willingness to help each other when it comes to housing needs.
Mayor Birsan recessed the meeting at 8:56 p.m. The meeting resumed at 9:10 p.m.
Mayor Birsan closed the public comment period.
Following discussion by the Council, a motion was made by Birsan and seconded by Obringer to continue Agenda Item No. 4.a to Tuesday, January 9, 2024, at 6:30 p.m. The motion passed by the following vote:
AYES: Aliano, Nakamura, Obringer, Birsan NOES: None ABSENT: Hoffmeister
CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 3.a – Agreement with JCI – Benched Correspondence c. Agenda Item No. 3.b – 2024 City Council Meeting Schedule – Benched Correspondence d. Agenda Item No. 3.c – Agreement with Stemmel – Benched Correspondence e. Agenda Item No. 4.a – Rent Stabilization and Just Cause for Eviction – Benched Correspondence received from 12:00 p.m. on 12/7/23 until 4:00 p.m. on 12/11/23 f. Agenda Item No. 4.a – Rent Stabilization and Just Cause for Eviction – Benched Correspondence received from 4:00 p.m. on 12/11/23 until 3:00 p.m. on 12/12/23 g. Agenda Item No. 4.a – Rent Stabilization and Just Cause for Eviction – PowerPoint Presentation
ADJOURNMENT
City Council Minutes December 12, 2023
7 By order of the Mayor, the meeting was adjourned on December 12, 2023, at 9:56 p.m. /s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK