REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, FEBRUARY 13, 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, February 13, 2024, 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 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; Monique Robinson, Administrative Secretary; Greg Taylor, Director of Information Technology; James Nakayama, Police Captain; Carlton
Thompson, City Engineer; Sophia Huckabay, Housing Manager; Kevin Wheat, Associate Civil Engineer; Kelly Rush, Housing Program Analyst
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Randy Hopkins, Concord; Randolph Hopkins, Concord; Lomo Love, Concord; Hope Johnson, Concord; Ady Olvera, Concord; Nikita Rodgers
PUBLIC COMMENT PERIOD
Randy Hopkins, Concord, spoke about dim street lights throughout the City.
Randolph Hopkins, Concord, spoke of concern about the condition of the pavement on various streets throughout the City, the nomination period for an open seat on City Council for the upcoming 2024 Election, and illegal posting of political signs.
Lomo Love, Concord, spoke about rescuing female Asian slaves and his efforts to provide them assistance.
Hope Johnson, Concord, stated that there was not sufficient time to review the proposed Term Sheet from Brookfield Homes for the Concord Naval Weapons Station before the scheduled February 20, 2024, meeting, and in support of Zoom public comment during City Council meetings.
Ady Olvera, Concord, spoke in support of Zoom public comment during City Council meetings.
Nikita Rodgers spoke about a serial rapist in Concord, in support of Zoom public comment during City Council meetings, and her concern that Council meetings are not being televised.
PRESENTATION
CONTRA COSTA BEHAVIORAL HEALTH – A3 Crisis Response Program City Council Minutes February 13, 2024
2 Mayor Birsan introduced Dr. Suzanne Tavano, Director, Contra Costa Behavioral Health, who gave a presentation on the A3 Crisis Response Program.
Following questions from the Council, Mayor Birsan opened a public comment period.
Nikita Rodgers spoke of disappointment with her previous experience with the A3 Crisis Response Program.
Mayor Birsan 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.
TREASURER’S REPORT – October 1 – December 31, 2023
A motion was made by Obringer and seconded by Aliano to receive the Treasurer’s Report for the period October 1 – December 31, 2023. The motion passed by unanimous vote of the Council.
ADOPTION OF ORDINANCE NO. 24-1 – State Density Bonus Law and Inclusionary Housing Requirements
A motion was made by Obringer and seconded by Aliano to adopt 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.” Ordinance No. 24-1 was introduced on January 23, 2024, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
ADOPTION OF ORDINANCE NO. 24-2 – Affordable Housing Overlay District and Lot Consolidation Incentive Program
A motion was made by Obringer and seconded by Aliano to adopt 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)." Ordinance No. 24-2 was introduced on January 23, 2024, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
REJECTION OF BIDS – East Downton Concord PDA Access & Safe Routes to Transit Project (Project No. 2457)
This item was pulled from consideration on the Consent Calendar by Councilmember Hoffmeister who inquired about the low bid that was received below the engineer’s estimate and a discrepancy in project construction costs provided in the staff report.
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Hoffmeister and seconded by Aliano to reject all bids submitted for the East Downtown Concord PDA Access & Safe Routes to Transit Project (Project No. 2457), and direct staff to re-advertise the project for bids. The motion passed by unanimous vote of the Council.
CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE NO. 24-3 – Rent Stabilization and Just Cause for Eviction City Council Minutes February 13, 2024
3 Housing Manager Sophia Huckabay provided a brief overview of the previously presented staff report and explained that Council was being requested to take the following actions: (1) provide direction on the following matters pertaining to just cause, no-fault evictions for owner move-ins: (a) percentage of ownership required to constitute an owner move-in; (b) the length of time an owner is required to reside in the unit after moving in; 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 recessed the meeting at 7:42 p.m. The meeting resumed at 7:53 p.m.
Mayor Birsan recessed the meeting at 9:41 p.m. The meeting resumed at 9:57 p.m.
Mayor Birsan recessed the meeting at 10:21 p.m. The meeting resumed at 10:42 p.m.
Following discussion by the Council, a motion was made by Aliano and seconded by Nakamura to introduce Ordinance No. 24-3 entitled, “An Ordinance 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, with the following text changes to Exhibit A of the Ordinance (changes in red and strikeout font:
19.40.010(c)
(4) “Base Rent” shall mean as follows: For tenancies commenced on or before January 12 April 4, 2023, the Rent in effect on January 12 April 4, 2023, plus the Initial Allowable Annual Rent Increase. For tenancies commenced after January 12 April 4, 2023, but prior to the effective date of this Chapter, the Rent charged upon initial occupancy plus the Initial Allowable Annual Rent Increase. For tenancies commenced after the effective date of this Chapter, the Rent charged upon initial occupancy. The foregoing amounts are subject to the assumption that such amounts are not in violation of this Chapter or any provision of State law. Nothing in this definition is intended to alter the requirement that a Landlord provide a Tenant with valid, written notice of any change in the terms of the Rental Agreement (including any Rent decrease or Rent increase) as required by Civil Code Section 827. (9) “Covered Dwelling Unit” and “Covered Rental Unit” are used interchangeably and shall mean a Dwelling Unit located within the City not specifically exempted under Section 19.40.020(a) or
19.40.020(b).
(29) “Rental Agreement” shall mean an oral or written lease, sublease, or similar agreement between a Landlord and a Tenant for the lawful occupancy of a Dwelling Unit. (29) (30) “Rent Restricted Affordable Unit” is defined in Section 19.40.020(b)(3). (30) (31) “School-Aged Child” or School-Aged Children” shall mean any dependent child under the age of eighteen (18) TK-12th grade student enrolled full-time in a brick-and-mortar school located within the City of Concord, or a special needs student enrolled full-time in a brick-and-mortar school located within the City of Concord, living in the Tenant’s Covered Rental Unit and who attends a Mount Diablo Unified School District public school.
(31) (32) “School Year” shall mean the first day of instruction for the fall semester through the last day of instruction for the spring semester, as posted on the Mount Diablo Unified School District applicable school’s website.
(33) “Senior Tenant” shall mean a Tenant who is at least sixty-two (62) years of age or older as defined in Government Code Section 7060.4.
City Council Minutes February 13, 2024
4 (34) “Significant Hardship” is defined in Section 19.40.070(d)(1)c. (32) (35) “State” shall mean the State of California.
(33) (36) “Substantial Remodel” or “Substantially Remodel” shall mean either of the following that cannot be reasonably accomplished in a safe manner that allows the Tenant to remain living in the Covered Rental Unit for at least thirty (30) consecutive days: (i) the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency; or (ii) the abatement of hazardous materials including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the Covered Rental Unit vacated, do not qualify as substantial remodel. (34) (37) “Tenancy” shall mean the lawful occupation of a Dwelling Unit and includes a lease or a sublease.
(35) (38) “Tenant” shall mean a tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a Rental Agreement to the use or occupancy of any Dwelling Unit. (36) (39) “Terminally Ill Tenant” shall mean a Tenant who has a terminal disease as defined in California’s End of Life Option Act as any “incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, result in death within six months” pursuant to Health and Safety Code Section 443.1 and which is verified in writing by the Tenant’s medical care provider. (37) (40) “Unlawful Rent” shall mean any Rent charged by a Landlord to or paid by a Tenant for a Covered Rental Unit which exceeds the Tenant’s Base Rent together with any Lawful Rent Increase. In the case of a Rent Restricted Affordable Unit, “Unlawful Rent” shall mean any Rent increase imposed in excess of the Rent increase specified in Section 19.40.020(b)(3).
19.40.020(b)
(3) Dwelling Units that are either restricted by the City or other governmental agency as affordable housing for persons or families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code to the extent that such Dwelling Units if any are subject to one of the following Rent increase restrictions:
(i) subject to Rrent increases restrictions equal to or less than five percent (5%) annually and enforceable by the City or other governmental agency pursuant to a deed, regulatory restriction contained in an agreement, or other recorded document, or (ii) for certified over income Tenants, Rent increases in an amount less than or equal to those permitted under Civil Code Section 1947.12(a)(1) until/if AB 846 (amending Health and Safety Code Section 50199.24 (Low income housing credit: rent increases)) is enacted, in which case the provision of the latter shall control, provided that Tenants are not charged Rent in excess of thirty percent (30%) of the household monthly income.
The foregoing are referred to herein as the “Rent Restricted Affordable Units.” “Tenant” as used for purposes of Rent Restricted Affordable Units means all individuals living in the Rent Restricted Affordable Unit (i.e. the household). Notwithstanding the language in Section 19.40.020(b) above, the Petition process set forth in Section 19.040.050 shall apply.
19.40.040
(c) Allowable Annual Rent Increases. This Chapter shall limit annual Rent increases on Covered Rental Units to no more than sixty percent (60%) of the percentage increase in CPI published and reported for City Council Minutes February 13, 2024
5 the twelve-month period ending as of April of the immediately preceding year, provided, however, in no event shall the Allowable Annual Rent Increase exceed three percent (3%). In the event that the percentage change in the CPI is negative, the Allowable Annual Rent Increase shall be zero percent (0%). The Allowable Annual Rent Increase shall be rounded to the nearest one-quarter of a percent (0.25%). Nothing in this subsection is intended to alter the requirement that a Landlord provide a Tenant with valid, written notice of any Rent increase as required by Civil Code Section 827. The Annual Allowable Rent Increase amount shall be reviewed annually by the City Council.
19.40.050(a)(4)f(i)
(d) Real property taxes and assessments.
(e) Reasonable costs of operation and maintenance including, but not limited to, cost associated with repairs mandated by law.
(d)(f) Insurance costs to the extent they are not paid by the Tenants.
19.40.050
(j) Time of Hearing and Decision. The City shall not be required to accept petitions until September 1, 2024 six (6) months after the effective date of this Ordinance. The City shall endeavor, but shall not be required, to schedule a hearing on a petition within ninety (90) days after submittal to the City of the petition and the proof(s) of service. A final decision on a petition shall be made within a reasonable time after the conclusion of the hearing.
19.40.060
(d) Past Due Amounts. To the extent that a Landlord owes rental registry fees, accrued interest, fines, or penalties incurred prior to the effective date of this Ordinance, such amounts shall continue to be owed and continue to accrue. See Also Sections 19.40.040(b) and 19.40.050(a)(2). (d) (e) Termination Notices. Within seven calendar days of serving a notice of termination on a Tenant, a Landlord shall submit a copy of such notice of termination through the City’s designed rent registry portal.
19.40.070(d)(1)
c. This subparagraph (1) only applies if the intended occupant moves into the Covered Rental Unit within ninety (90) days after the Tenant vacates and occupies the Covered Rental Unit as a primary residence for at least ____________( )twenty-four (24) consecutive months. If the intended occupant moves into the Covered Rental Unit within ninety (90) days after the Tenant vacates, but before having occupied the Covered Rental Unit as a primary residence for twenty-four (24) months as required herein, and suffers a serious disability, becomes terminally ill, or suffers some other significant hardship (each, a “Significant Hardship”) requiring the intended occupant to vacate the Covered Rental Unit, this will not be considered a failure to comply with this Section.
d. A Landlord shall only be allowed to terminate a Tenancy pursuant to this Subsection 19.40.070(d)(1) if the Landlord meets one of the following:
(i) is a natural person that has at least ___25 percent recorded ownership in the Property; f. As used in this Subsection 19.40.070(d)(1):
(i) “Natural person” includes any of the following:
(a) a natural person who is a settlor or beneficiary of a family trust; or City Council Minutes February 13, 2024
6 (b) if the Property is owned by a limited liability company or partnership, a natural person with a ____ 25 percent ownership interest in the Property.
19.40.070(e)
(1) Owner Move In Right of Return. If the intended occupant fails to occupy the Covered Rental Unit within ninety (90) days after the Tenant vacates, or if the intended occupant fails to occupy the Covered Rental Unit as their primary residence for at least ________( ) twenty-four (24) consecutive months absent a Significant Hardship as provided in Section 19.40.070(d)(1)c. above, and if If Tenant re-occupies such Covered Rental Unit, Landlord shall reimburse the Tenant for reasonable moving expenses incurred. Such payment shall be in addition to any relocation assistance that was paid to the Tenant in connection with the termination notice. To the extent permitted by state law, for a new Tenancy commenced during the time periods described in this Section 19.40.070(e)(1) the Covered Rental Unit shall be offered and rented or leased at the Lawful Rent in effect at the time any notice of termination of Tenancy is served, subject to any Lawful Rent Increases.
19.40.080(a)(2)
b. Protected Tenant Relocation Assistance. If one of the Tenants living in the Covered Rental Unit from which the Tenants are displaced is a Protected Tenant, then all Tenants living in the Covered Rental Unit are collectively entitled to receive supplemental relocation assistance in the amount of one additional month of the applicable HUD FMR Rent. Such payment shall be calculated on a per-Covered Dwelling Unit basis, without reference to the number of Tenants and Protected Tenants in the Covered Dwelling Unit.
c. Single Family Home/Condominium Relocation Assistance. Notwithstanding anything in this Section
19.40.020(a)(2) (Permanent Relocations) to the contrary, in the case of any Dwelling Unit that is alienable separate (i.e., separately transferrable) from the title to any other Dwelling Unit, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5(b), (d), or (f), including without limitation single family residences and condominiums, but excluding mobile homes offered for rent, the Landlord shall pay to the Tenant relocation assistance in the amount of two (2) months of the Tenant’s then-current Rent plus a Moving Stipend in the amount of $2,000. b.d. Payment Process. For permanent relocation assistance, the Landlord shall provide one-half of the relocation assistance owed to the Tenant within 15 calendar days of service of the notice of termination.
The remaining relocation assistance shall be paid to the Tenant in cash no later than the date the Tenant vacates the Covered Rental Unit.
c.e. Moving Stipend. The Landlord shall pay to Tenant the amount of $3,000 (“Moving Stipend”), which shall be paid to the Tenant in cash no later than the date the Tenant vacates the Covered Rental Unit.
Such payment shall be calculated on a per-Covered Dwelling Unit basis, without reference to the number of Tenants in the Covered Dwelling Unit.
d.f. Refund of Security Deposit. A Landlord must refund to the Tenant any security deposit paid by the Tenant. A Landlord may withhold any properly itemized deductions from the security deposit in accordance with California Civil Code Section 1950.5.
19.40.120
(e) Except in connection with a Fair Return Petition or a Tenant Petition, nNo administrative remedy need be exhausted prior to filing suit pursuant to this Chapter.
The motion passed by the following vote:
AYES: Aliano, Nakamura, Obringer, Birsan NOES: Hoffmeister City Council Minutes February 13, 2024
7 CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 3.a – A3 Crisis Response Program – PowerPoint Presentation c. Agenda Item No. 5.a – Rent Stabilization – Benched Correspondence d. Letter to Senator Alex Padilla re: Support for the Low-Income Household Water Assistance Program (LIHWAP) Establishment Act dated February 2, 2024 e. Letter to Administration for Children and Families, Office of Head Start, re: Support for Contra Costa County’s Head Start and Early Head Start program dated February 6, 2024
COUNCIL REPORTS
Due to the lateness of the hour, there were no Council Reports provided.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on February 13, 2024, at 11:39 p.m. /s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK