REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JANUARY 9, 2024
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, January 9, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Hoffmeister. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
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; Karan Reid, Director of Finance; Suzanne McDonald, Financial Operations Manager; Craig Blythe, Administrative Services Manager; Sophia Huckabay, Housing Manager; Kelly Rush,
Housing Program Analyst; Carlton Thompson, City Engineer; Tianjun Cao, Associate Civil Engineer
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Vivian Boyd, Concord Historical Society; Wallace Freddie, Concord; Patricia Granados, Concord; Randy Hopkins, Concord; Trent Sanson, Yellow Roof Foundation; Dave Sanson, Yellow Roof Foundation; Michael Sponslor, Assemblymember
Grayson’s Office; Randall Hopkins, Concord
PUBLIC COMMENT PERIOD
Vivian Boyd, Concord Historical Society, presented a historical moment, paying tribute to the first Mayor of the City of Concord, Joseph Author Boyd.
Wallace Freddie, Concord, spoke of the City Council pay increase.
Patricia Granados, Concord, requested that Timothy Charles Lee’s case be reopened.
Randy Hopkins, Concord, spoke of his concern regarding changes in Concord.
PRESENTATION
PROCLAMATION – Concord Art Association
Mayor Birsan presented Catherine Hensiek, Concord Art Association, a proclamation honoring the Concord Art Association’s 60-year commitment to the betterment of the City of Concord.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
City Council Minutes January 9, 2024
2 CITY COUNCIL CONSENT CALENDAR
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF MINUTES – December 5 and 12, 2023
A motion was made by Hoffmeister and seconded by Obringer to approve the minutes from the December 5, 2023, special meeting, and December 5 and 12, 2023, regular meetings. The motion passed by unanimous vote of the Council.
AMENDMENT OF PROFESSIONAL SERVICES AGREEMENT – California Wood Recycling, Inc., DBA Argomin
A motion was made by Hoffmeister and seconded by Obringer to approve an amendment to the City’s existing Professional Services Agreement with California Wood Recycling, Inc., DBA Argomin, by extending the term to December 31, 2025, and increasing the payment thereunder by $227,634 for a total not-to-exceed amount of $269,022 in order to procure composting services in compliance with SB 1383, and allow for a contingency of $30,978 that allows staff to procure compost for unidentified City projects; and authorize the City Manager to execute such an amendment in a form acceptable to the City Attorney.
The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 24-1 – Policy and Procedure No. 2, City Council Meeting Procedures This item was pulled from consideration on the Consent Calendar by Councilmember Hoffmeister, who was concerned with the 6 p.m. meeting start.
It was the consensus of the Council to begin Council meetings at 6:30 p.m. until they direct staff to change the start time.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Aliano and seconded by Hoffmeister to adopt Resolution No. 24-1 entitled, “A Resolution amending Policy & Procedure No. 2 (City Council Meeting Procedures) to update the City Council meeting start time to around 6:00 p.m., clarify the process to pull items off the consent calendar, authorize the Mayor to determine City Council dais seating arrangements, and to make other non-substantive changes to reflect current practice and procedure.” The motion passed by unanimous vote of the Council.
ACCEPTANCE OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT – Fiscal Year Ending June 30, 2023
A motion was made by Hoffmeister and seconded by Obringer to accept the Annual Comprehensive Financial Report with the Independent Auditors’ Report and Required Communications Letter for the fiscal year ending June 30, 2023. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 24-3 – Approving the request to Metropolitan Transportation Commission for Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2024-2025.
A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 24-3 entitled, “A Resolution Approving the Request to the Metropolitan Transportation Commission by the City of Concord for an Allocation of $296,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2024-25.” The motion passed by unanimous vote of the Council.
City Council Minutes January 9, 2024
3 ADOPTION OF RESOLUTION NO. 24-4 – Authorizing for the next five years (until January 8, 2029) CalRecycle Grant Programs
A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 24-4 entitled, “A Resolution of the City of Concord authorizing for five years (until January 8, 2029) submittal of individual grant applications for all grant programs for which City of Concord is eligible and authorizing the City Manager to accept and appropriate such funds when received.” The motion passed by unanimous vote of the Council.
ACCEPTANCE OF IMPROVEMENTS AND APPROVAL OF AN AMENDMENT – Monument Boulevard Class 1 Path (City Project No. 2455 and Federal Project No. CML-5135(059) A motion was made by Hoffmeister and seconded by Obringer to approve the following:
1. Accept improvements for the Monument Boulevard Class 1 Path (City Project No. 2455 and Federal Project No. CML-5135(059) located along Monument Boulevard between Systron Drive and Cowell Road; and direct the City Clerk to file a Notice of Completion.
2. Approve an amendment to a Professional Services Agreement in the amount of $60,000 (for a new not-to-exceed amount of $348,489.40) with Park Engineering; 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.
AWARD OF A CONSTRUCTION CONTRACT AND APPROVAL OF RELATED BUDGET TRANSFERS – Citywide Accessibility Improvements No. 10 (Project No. 2603) A motion was made by Hoffmeister and seconded by Obringer to approve the following:
1. Award of a Construction Contract in the amount of $378,091 to FBD Vanguard Construction, Inc. for the Citywide Accessibility Improvements No. 10 (Project No. 2603) and authorize staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the NEPA and CEQA determinations as provided in the staff report;
2. Approve related budget transfers in the total amount of $160,000 from Citywide Pothole & Base Repair (Project No. 2453), Citywide Arterial & Collector (Project No. 2458), and Citywide Traffic System Upgrade Project (Project No. 2493); and
3. Authorize the City Engineer to accept the improvements upon completion of Project No. 2603; and direct the City Clerk to file a Notice of Completion.
The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 24-2 – SB 104 Funding for the Yellow Roof Foundation This item was pulled from consideration on the Consent Calendar by Vice Mayor Obringer, who requested more information on the item.
Mayor Birsan opened a public comment period.
The following people spoke in support of the Resolution:
Trent Sanson, Yellow Roof Foundation
Dave Sanson, Yellow Roof Foundation
Michael Sponslor, Assemblymember Grayson’s Office
City Council Minutes January 9, 2024
4 Mayor Birsan closed the public comment period.
A motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 24-2 entitled, “A Resolution Accepting and Appropriating SB 104 funding from the State of California in the amount of $1,000,000 for the Yellow Roof Foundation (Fund 830 Custodial Fund).” The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEM
APPROVAL OF ARTWORK FOR SIX UTILITY BOXES AND THE REPLACEMENT OF ARTWORK FOR THREE UTILITY BOXES – Utility Box Artwork Program
Assistant City Manager Justin Ezell presented the staff report and provided an overview of the recommendations made by the Recreation, Cultural Affairs, and Community Services (RCACS) Council Committee. Assistant City Manager Ezell then turned the presentation over to Catherine Hensiek, Concord, Art Association, who explained the selection process for the submitted designs, provided an overview of the Utility Box locations for Phase IIIB, discussed next steps following Council approval, and provided a project timeline. Ms. Hensiek then provided an overview of replacement art for traffic control boxes including the concept, locations and images, costs and funding for the replacement art project, a timeline for the project, and additional information related to the Concord Art Association’s involvement in the project. She turned the presentation back to Assistant City Manager Ezell, who explained that Council was being requested to take the following actions, as recommended by the RCACS Committee:
(1) approve the artwork for the six Phase III.b locations; (2) authorize replacement of artwork at the three locations near Todos Santos Plaza; (3) appropriate and authorize $3,000 of Art in Public Places funds for the replacement artwork near Todos Santos Plaza; and (4) authorize the City Manager to execute the artist agreements in a form approved by the City Attorney.
Following questions from the Council, Mayor Birsan opened a public comment period.
Randall Hopkins, Concord, spoke in opposition to the City supporting the project.
Mayor Birsan closed the public comment period.
Following discussion by the Council, a motion was made by Nakamura and seconded by Aliano to approve the artwork for six utility boxes as Phase III.b of the Utility Box Artwork Program located on Clayton Road and Concord Boulevard, between Kirker Pass Road and the downtown area, and the replacement of artwork for three utility boxes on Willow Pass Road near Todos Santos Plaza, without prior Council approval of the art; appropriate and authorize the City Manager to provide $3,000 in restricted City Arts in Public Paces Funds ($1,520 from Fund 285 and $1,480 from Fund 286) to the Concord Art Association for the art replacement on the three utility boxes; and authorize the City Manager to execute the artist agreements in a form approved by the City Attorney. The motion passed by unanimous vote of the Council.
CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF AN ORDINANCE – Residential Rent Stabilization and Just Cause for Eviction – Continued from December 12, 2023
Housing Manager Sophia Huckabay provided an update based upon the continuance of the item from the December 12, 2023, meeting. Housing Manager Huckabay then provided a brief overview of the previously presented staff report, and 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.
City Council Minutes January 9, 2024
5 Following questions and discussion, the City Council provided the following feedback to staff on the draft ordinance:
Accessory Dwelling Unit (ADU) definition to include language that demonstrates that only permitted ADUS are exempted from both rent stabilization and just cause for eviction provisions. The Permanent Relocation Assistance Amount is defined as three months of HUD Fair Market Rent plus a $3,000 moving stipend, with one month of increased assistance at Fair Market Rent for protected tenants that includes tenants who are lower income, disabled, senior, terminally ill, and households with school age children.
Any violation of the ordinance is a defense to an unlawful detainer. If the tenant household being displaced during an owner move in contains a member that is disabled, senior, or terminally ill, the owner or owner’s family member must also be either disabled, senior, or terminally ill.
Provide greater specificity in the ordinance regarding the regulations and procedures that govern the Fair Return on Investment provisions including language similar to that in the City’s current Mobile Home Rent Stabilization Ordinance (Concord Municipal Code Chapter 15.105). Clarify that the Ellis Act is intended to be fully implemented. Exempt affordable properties that have annual rent increase caps that are documented in agreements with, and enforceable by, the City or other government agencies. Remove the rent stabilization retroactivity clause and replace with a rent rollback clause that resets rents to January 12, 2023, levels with any allowable lawful rent increases.
After Council provided direction to staff, a motion was made by Hoffmeister and seconded by Obringer to continue the public hearing where a public comment period will be held for comments on the revised proposed ordinance to Tuesday, January 30, 2024, at 6:30 p.m. in the City Council Chamber, 1950 Parkside Drive, Concord, CA. The motion passed by unanimous vote of the Council.
A motion was made by Hoffmeister and seconded by Obringer to continue the meeting after 11 p.m. The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 4.i – SB 104 Funding – Yellow Roof Foundation – Benched Staff Report c. Agenda Item No. 5.a – Utility Box Artwork Program – PowerPoint Presentation d. Agenda Item No. 5.a – Utility Box Artwork Project – PowerPoint Presentation e. Agenda Item No. 6.a – Rent Stabilization and Just Cause for Eviction – Benched Attachment 2 f. Agenda Item No. 6.a – Rent Stabilization and Just Cause for Eviction – Benched Correspondence
g. Agenda Item No. 6.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.
The Mayor requested that the formation of a Council Ad Hoc Committee to advise the City Manager on federal and state grant efforts for the remainder of calendar year 2024 be placed on a future agenda.
City Council Minutes January 9, 2024
6 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on January 9, 2024, at 10:53 p.m. /s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK