REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JANUARY 23, 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 23, 2024, with Mayor Birsan 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, 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; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; James Nakayama, Police Captain; Kevin Marstall, Director of Community Development; Carlton Thompson, City Engineer; Leng Power, Community Services Manager; Mindy Gentry, Planning Manager; Sophia Huckabay, Housing Manager; Frank Abejo, Principal Planner; Aaron Sage, Principal Planner; Michael Hart, Associate Planner; Scott Watkins, Associate Planner; Benjamin Ulrey, Assistant Planner
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Randolph Hopkins, Concord; Randy Hopkins, Concord; Nikita Rodgers; Ady Olvera, Concord
PUBLIC COMMENT PERIOD
Randolph Hopkins, Concord, spoke about the proposed rent stabilization ordinance, relocation fees and hardships faced by property owners, including expenses incurred by property owners to maintain rental properties.
Randy Hopkins, Concord, inquired if Concord is a sanctuary City and spoke of his concerns regarding changes in Concord.
Nikita Rodgers spoke about drones used by the Police Department, concern that Council meetings are not being televised, and that her previously expressed concerns have not been addressed.
Ady Olvera, Concord, spoke in support of Zoom public comment during City Council meetings.
PRESENTATIONS
CONTRA COSTA PUBLIC HEALTH – California Green Business Certification Mayor Birsan introduced Susan Psara, Green Business Coordinator, Contra Costa Public Health, who presented the City of Concord with certification as a California Green Business.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
City Council Minutes January 23, 2024
2 SOLSMART CERTIFICATION
Mayor Birsan introduced Benjamin Ulrey, Assistant Planner, who presented the City Council with a plaque honoring the City of Concord’s certification with SolSmart.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
ANNOUNCEMENT
RECRUITMENT FOR ONE (1) OPENING FOR THE CITY OF CONCORD’S REPRESENTATIVE ON
THE CENTRAL CONTRA COSTA TRANSIT AUTHORITY ADVISORY COMMITTEE (COUNTY
CONNECTION)
City Clerk Joelle Fockler announced one (1) opening for the City of Concord’s Representative on the Central Contra Costa Transit Authority Advisory Committee (County Connection), and setting a deadline of Friday, February 23, 2024, at 5 p.m. as the deadline for receipt of applications by the City Clerk.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL CONSENT CALENDAR
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF PURCHASE – 60 Verkada cameras, 10-year maintenance license, digital video storage, and associated Video Management Software Services
A motion was made by Hoffmeister and seconded by Obringer to approve the purchase of 60 Verkada cameras, 10-year maintenance licenses, digital video storage, and associated Video Management Software Services from Assure MSP Inc. in an amount not to exceed $428,061.31, including a 15% contingency, to serve as security cameras at various civic buildings and parking lots, in accordance with City Council approved ARPA authorizations and CIP #2638. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 24-7 – Authorizing Submittal of an Application for State Encampment Resolution Funding
This item was pulled from consideration on the Consent Calendar by Councilmember Nakamura, who explained that the Homeless Strategic Plan Working Group reviewed the State Encampment Resolution Funding grant at a recent Working Group meeting and is in support of the funding.
Following questions by the City Council, Mayor Birsan opened a public comment period.
Ady Olvera, Concord, expressed concern over expending $2.4 million as the City’s match for this grant, which would come from the set-aside funds to support Concord’s unsheltered population, but acknowledged receipt of the grant funding would still be adding additional funding for this effort, and stated the six month timeframe for the interim housing program wasn’t enough time to assist the unsheltered with their various needs.
Randolph Hopkins, Concord, inquired if there are measues in place to ensure the unsheltered receiving assistance through this funding are Concord residents.
City Council Minutes January 23, 2024
3 Mayor Birsan closed the public comment period.
A motion was made by Nakamura and seconded by Hoffmeister to adopt Resolution No. 24-7 entitled, “A Resolution authorizing submittal of an application for the Encampment Resolution Funding Program to create a mobile services center, and interim homeless housing within a motel(s) with wrap around services provided by a third-party contracted administrator.” The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 24-5 – Approving One-Year Extension of an Administrative Permit, Minor Exception, and Design and Site Review for Authentic Concord LLC (dba “Stiiizy”)
A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 24-5 entitled, “A Resolution Approving a One-Year Extension of an Administrative Permit, Minor Exception, and Design and Site Review for a Cannabis Storefront and Delivery Retail Business at 1045 Galaxy Way, APN: 126-325-004 (PL23141 – AP, ME, DR). Authentic Concord, LLC (dba “Stiiizy”).” The motion passed by unanimous vote of the Council.
APPOINTMENT OF APPLICANTS TO MEASURE V OVERSIGHT COMMITTEE – Janielyn Bayona, Gregory Grassi, and Michelle Lane
A motion was made by Hoffmeister and seconded by Obringer to appoint applicants Janielyn Bayona, Gregory Grassi, and Michelle Lane to the Concord Measure V Oversight Committee for four-year terms ending December 31, 2027, as recommended by the Council Committee on Policy Development and Internal Operations (Birsan/Obringer). The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION 24-6 – Development Impact Fee Report for Fiscal Year 2022-2023 A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 24-6 entitled, “A Resolution Accepting the Development Impact Fee Report for Fiscal Year 2022-2023 and Making Findings in Compliance with AB 1600 (Government Code Section 66000 et seq.).” The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEM
AUTHORIZATION OF A TASK ORDER AND APPROVAL OF AN AMENDMENT TO THE MASTER SERVICES AGREEMENT (MSA) – Raimi + Associates, Inc.
Principal Planner Aaron Sage presented the staff report and provided background information related to the City’s Housing Element. Principal Planner Sage explained the Tax Credit Allocation Committee (TCAC) map, provided background related to rezoning sites, discussed the current on-call consultant and associated Master Services Agreement, scope of work, project schedule and community engagement process, including community engagement events, and other engagement tools. Mr. Sage then explained that Council was being requested to take the following actions: (1) authorize a task order for $599,951 for Raimi + Associates, Inc. (Raimi) to prepare General Plan and Zoning Amendments and an environmental impact report, conduct community engagement, and provide other services to implement Program 8.6 of the 2023-2031 Housing Element, (2) amend the Master Services Agreement (MSA) with Raimi to increase the total not-to-exceed amount for the MSA from $500,000 to $1,100,000; and (3) authorize the City Manager to execute the above subject to City Attorney approval.
Following questions from the Council, Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
City Council Minutes January 23, 2024
4 Following discussion by the Council, a motion was made by Aliano and seconded by Nakamura to approve the following:
1. Authorize staff to prepare a Task Order in the amount of $599,951 for Raimi + Associates, Inc. (Raimi) to prepare General Plan and Zoning Amendments and an environmental impact report, conduct community engagement, and provide other services to implement Program 8.6 of the 2023-2031 Housing Element;
2. Approve an Amendment to the Master Services Agreement (MSA) with Raimi to increase the total not-to-exceed amount for the MSA from $500,000 to $1,100,000; and
3. Authorize the City Manager or designee to execute such documents subject to City Attorney approval.
The motion passed by unanimous vote of the Council.
CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE NO. 24-1 – Updates to State Density Bonus Law and Expand the City’s Inclusionary Housing Requirements
ADOPTION OF RESOLUTION NO. 24-6042.1 – Amending the Inclusionary Housing Fee INTRODUCTION OF ORDINANCE NO. 24-2 – Adding Affordable Housing Overlay District and Lot Consolidation Incentive Program
ADOPTION OF RESOLUTION NO. 24-6042.2 – Adding a By-Right Approval Fee Planning Manager Mindy Gentry presented the staff report and provided a brief presentation overview. Planning Manager Gentry then turned the presentation over to Ashleigh Kanat, Principal with Economic & Planning Systems (EPS), who provided an overview of the Affordable Housing Ordinance (AHO) including a history of the AHO and a timeframe for the Ordinance update, a background of and recommendations for the Density Bonus Program including feedback and policy direction provided by both the Housing and Economic Development (HED) Committee and Planning Commission, and a background of and recommendations for the Inclusionary Housing Program including objectives and typical parameters, development feasibility, policy direction provided by both the HED Committee and Planning Commission, and a gap analysis for affordable units. Ms. Kanat further explained analysis and options for both the Ownership Inclusionary Program including testing feasibility scenarios and considerations for a recommended ownership inclusionary program, and the Rental Inclusionary Program including context, testing feasibility scenarios, and considerations for a recommended rental inclusionary program. Ms. Kanat concluded with implementation and next steps, discussing the implementation process, interaction with state density bonus, recommended changes to the AHO, and explained that Council was being requested to take the following recommended actions: (1) introduce an ordinance amending the Concord Development Code by reading of the title only and waiving further reading, and (2) adopt a resolution amending the Inclusionary Housing In-Lieu fees.
Following questions by the City Council, Mayor Birsan recessed the meeting at 8:57 p.m. The meeting resumed at 9:05 p.m.
Assistant Planner Scott Watkins continued the presentation discussing by-right development and lot consolidation incentive programs, where he provided background, explained two (2) Housing Element programs, and provided an overview with a site inventory map. Assistant Planner Watkins then discussed and provided analysis of Housing Element Program 6.1 By-Right Development, and explained the program, discussed eligibility criteria, highlighted the eligible parcels, and provided an overview of the ordinance requirements. Mr. Watkins then discussed and provided analysis of Housing Element Program
13.2 Lot Consolidation Incentive Program, and explained the program, sites identified for lot consolidation, including eligible parcels, discussed the ordinance requirements and incentives, and City Council Minutes January 23, 2024
5 explained that Council was being requested to take the following recommended actions: (1) introduce an ordinance amending the Concord Municipal Code by reading of the title only and waiving further reading, and (2) adopt a resolution adding a By-Right Review fee to the Master Fee Schedule.
Following questions from the Council, Mayor Birsan 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 Aliano and seconded by Obringer to introduce Ordinance No. 24-1 entitled, “An Ordinance Amending Section 18.20.030 and Chapter 18.185 of the Concord Municipal Code to address updates to State Density Bonus Law and expand the City’s Inclusionary Housing Requirements,” by reading of the title only and waiving further reading, with the following text changes to Exhibit B of the Ordinance:
Changes to Section 18.185.040 ‘Inclusionary Housing Requirements,’ Subject D ‘Alternative Means of Compliance,’ to reflect the following:
oSection 1 ‘In-Lieu Fees,’ Subject A ‘Amount’ – modify text from “A fee may be paid in lieu of providing inclusionary units for a residential project. The fee shall be set by resolution…” to “For residential rental projects, a fee may be paid in lieu of providing inclusionary units onsite. For residential ownership projects, payment of the in-lieu fee is only allowed for fractional units and for projects comprised of five to nine units.
The fee shall be set by resolution…”
oSection 2 ‘Rental Alternative’ – delete entirety of text The motion passed by unanimous vote of the Council.
A motion was made by Obringer and seconded by Nakamura to adopt Resolution No. 24-6042.1 entitled, “A Resolution Amending the Inclusionary Housing Fee by Amending Exhibit A to Resolution No. 78-6042 Establishing Fees and Charges for Various Municipal Services in the City of Concord.” The motion passed by unanimous vote of the Council.
A motion was made by Hoffmeister and seconded by Aliano to introduce Ordinance No. 24-2 entitled, “An Ordinance Amending Concord Municipal Code, Title 18 (Development Code), Section 18.20 (General Terms) and Adding Chapter 18.115 (Affordable Housing Overlay District) and Section
18.200.230 (Lot Consolidation Incentive Program),” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 24-6042.2 entitled, “A Resolution Adding a By-Right Approval Fee by Amending Exhibit A to Resolution No. 78-6042 Establishing Fees and Charges for Various Municipal Services in the City of Concord.” The motion passed by unanimous vote of the Council.
CORRESPONDENCE
a. Agenda Item No. 3.a – California Green Business Presentation – PowerPoint Presentation b. Agenda Item No. 5.b – State Encampment Resolution Funding – Benched Attachment 2 c. Agenda Item No. 5.c – Authentic Concord, LLC (dba “Stiiizy”) – Benched Correspondence d. Agenda Item No. 6.a – Raimi + Associates, Inc. Task Order and MSA Amendment – PowerPoint Presentation
e. Agenda Item No. 7.a – Affordable Housing Ordinance and By-Right Approval – Benched Correspondence
f. Agenda Item No. 7.a – Affordable Housing Ordinance and By-Right Approval – PowerPoint Presentation
City Council Minutes January 23, 2024
6 COUNCIL REPORTS
Mayor Birsan appointed Vice Mayor Obringer and Councilmember Aliano to serve on a Council Ad Hoc Committee to advise the City Manager regarding Federal and State grant efforts for the remainder of calendar year 2024.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
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 January 23, 2024, at 10:20 p.m. /s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK