REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MARCH 5, 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, March 5, 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: 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; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Jeff Rayos, Senior Administrative Analyst; Sophia Huckabay, Housing Manager; Kelly Rush, Housing Program
Analyst
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Vivian Boyd, Concord Historical Society; Blaine Carter, Concord; Randy Hopkins, Concord; Randolph Hopkins, Concord; Wendy Hershey, Concord; Joe McGuigan, Concord; Sreenivas
Ramireddy, Broadmoor Properties; Rev. Laura Eberly, Faith Alliance for a Moral Economy; David Schubb, Walnut Creek; Greg Brumley, Concord; Victoria Briseno, Walnut Creek; Jo Carlson, Walnut Creek; Jo Sciarroni, Concord; Tammy Chen; Chris Tipton, East Bay Rental Housing Association; Kristin Diaz, Concord; Jima Monson, Rising Juntos; Azucena Torres, Rising Juntos; Dalila Quirarte, Rising Juntos; Mary Ann Quinn, Concord; Reed Robertson, Concord; Rhovy Antonio, California Apartment Association; Derek Barnes, East Bay Rental Housing Association; Lisa Carbajal, Concord; John De Sousa, Concord; Maria De Sousa, Concord; Sacha Simpson, ReMax/Accord;
Cory Nickels, Concord; Quanah Parker Brightman, United Native Americans; Joe Stokley, Stokley Properties; Rev. Millie Phillips, EBASE/Faith Alliance for a Moral Economy; Christos Moulis, Concord; Maritza Llamos, Concord; Randy Hopkins, Concord; Randolph Hopkins, Concord; Bernice Chau, Walnut Creek; Juan Pablo Galvan Martinez, Concord; Deena Levine-Lipsell, Jewish Family & Community Services East Bay; Ken Kent, Concord; Galina Milman, Concord; Deepa Varma, Tenants Together; Betty Gabaldon, Todos Santos Tenants Union; Guadalupe Tolento, Todos Santos Tenants Union; Kristi Laughlin, EBASE; Rachita Rawal; Debra Ballinger, United Latino Voice; Jennifer Morales, Monument Impact; Vanessa Chena, Monument Impact; Eduardo City Council Minutes March 5, 2024
2 Torres, Tenants Together; Natalie; Noah Bush, Concord; Latrel Powell, Public Advocates; Renee Seaton
PUBLIC COMMENT PERIOD
Vivian Boyd, Concord Historical Society, presented a historical moment explaining how the City of Concord was first incorporated by Joseph Boyd and Herbert Elworthy.
Blaine Carter, Concord, spoke of his understanding of the Brown Act.
Randy Hopkins, Concord, expressed his desire for staff and Councilmembers to make decisions in the best interest of the residents, and to emulate neighboring cities that are thriving.
Randolph Hopkins, Concord, spoke of concern about the condition of the pavement on various streets throughout the City, and his desire for certain decisions impacting the City to be left for residents to decide.
Wendy Hershey, Concord, spoke in support of Zoom public comment during City Council meetings.
Joe McGuigan, Concord, spoke of his concern about traffic safety of Denkinger Road.
PRESENTATION
PROCLAMATION – National Prescription Drug Abuse Awareness Month Vice Mayor Obringer presented Julie Brand-Lockshin and Danielle Aubin, BAART Programs, a proclamation declaring March as “National Prescription Drug Abuse Awareness Month” in the City of Concord.
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.
ADOPTION OF RESOLUTION NOS. 24-14, 24-15, 24-16, AND 24-17 – Engineer’s Report for the levy of annual assessments for the City’s four Landscape and Lighting Maintenance Assessment Districts This item was pulled from consideration on the Consent Calendar by Councilmember Nakamura who recused herself from the item due to economic interest in real property resulting from proximity to her primary residence and left the dais for the entirety of the Consent Calendar.
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 adopt Resolution No. 24-14 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Downtown Landscape Maintenance District.” The motion passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura City Council Minutes March 5, 2024
3 A motion was made by Obringer and seconded by Aliano to adopt Resolution No. 24-15 entitled, “A Resolution Ordering the Preparation of an Engineers Report for the Pine Hollow Landscape and Lighting Maintenance District.” The motion passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Obringer and seconded by Aliano to adopt Resolution No. 24-16 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Landscape and Lighting Maintenance District No. 3.” The motion passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Obringer and seconded by Aliano to adopt Resolution No. 24-17 entitled, “A Resolution Ordering the Preparation of an Engineer's Report for the Citywide Street Lighting Assessment District.” The motion passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura ADOPTION OF RESOLUTION NO. 24-18 – Pleasant Hill Landscaping and Lighting Assessment District No. 20, Commercial Area Landscaping and Lighting
A motion was made by Obringer and seconded by Aliano to adopt Resolution No. 24-18 entitled, “A Resolution Approving the Request of the City of Pleasant Hill to Allow Sunvalley Mall and Certain Other City of Concord Commercial Properties to be Included in Pleasant Hill Landscaping and Lighting Assessment District No. 20, Commercial Area Landscaping and Lighting.” The motion passed by the following vote:
AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura Councilmember Nakamura returned to the dais.
CITY COUNCIL PUBLIC HEARING
ADOPTION OF ORDINANCE NO. 24-3 – Residential Rent Stabilization and Just Cause for Eviction Following questions from the Council, Mayor Birsan opened a public comment period.
The following people spoke in support of the proposed Ordinance releated to rent stabilization and just cause for eviction:
Rev. Laura Eberly, Faith Alliance for a Moral Economy
Jima Monson, Rising Juntos
Azucena Torres, Rising Juntos
Dalila Quirarte, Rising Juntos
Quanah Parker Brightman, United Native Americans
Rev. Millie Phillips, EBASE/Faith Alliance for a Moral Economy Juan Pablo Galvan Martinez, Concord
Deena Levine-Lipsell, Jewish Family & Community Services East Bay Ken Kent, Concord
Deepa Varma, Tenants Together
City Council Minutes March 5, 2024
4 Betty Gabaldon, Todos Santos Tenants Union
Guadalupe Tolento, Todos Santos Tenants Union
Kristi Laughlin, EBASE
Rachita Rawal
Debra Ballinger, United Latino Voice
Jennifer Morales, Monument Impact
Vanessa Chena, Monument Impact
Eduardo Torres, Tenants Together
Natalie
Latrel Powell, Public Advocates
The following people spoke in opposition of the proposed Ordinance related to rent stabilization and just cause for eviction:
Sreenivas Ramireddy, Broadmoor Properties
David Schubb, Walnut Creek
Greg Brumley, Concord
Victoria Briseno, Walnut Creek
Jo Carlson, Walnut Creek
Jo Sciarroni, Concord
Tammy Chen
Chris Tipton, East Bay Rental Housing Association
Kristin Diaz, Concord
Mary Ann Quinn, Concord
Reed Robertson, Concord
Rhovy Antonio, California Apartment Association
Derek Barnes, East Bay Rental Housing Association
Lisa Carbajal, Concord
Blaine Carter, Concord
John De Sousa, Concord
Maria De Sousa, Concord
Sacha Simpson, ReMax/Accord
Cory Nickels, Concord
Joe Stokley, Stokley Properties
Christos Moulis, Concord
Maritza Llamos, Concord
Randy Hopkins, Concord
Randolph Hopkins, Concord
Bernice Chau, Walnut Creek
City Council Minutes March 5, 2024
5 Galina Milman, Concord
Noah Bush, Concord
Renee Seaton
Mayor Birsan closed the public comment period.
Mayor Birsan recessed the meeting at 7:30 p.m. The meeting resumed at 7:43 p.m.
Mayor Birsan recessed the meeting at 8:15 p.m. The meeting resumed at 8:26 p.m.
Following discussion by the City Council, Council directed staff to put an item on a future agenda for consideration to discuss whether to put the component of Just Cause for Eviction for single family homes on the November 5, 2024, ballot.
Additionally, Council provided clarification and direction related to the addition of language to Exhibit A of the Ordinance, Section 19.40.040(c) pertaining to Allowable Annual Rent Increases from the February 13, 2024, Council meeting which read, “The Annual Allowable Rent Increase amount shall be reviewed annually by the City Council.” Staff was directed to put an item on a future agenda for consideration one year from the Ordinance effective date to provide information to Council on the status of the program, and if Council requests to implement changes to the program, staff would be further directed to move forward with a Public Hearing to introduce changes to the Ordinance, followed by Ordinance adoption.
A motion was made by Aliano and seconded by Obringer to adopt 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.” Ordinance No. 24-3 was introduced on February 13, 2024, by reading of the title only and waiving further reading. The motion passed by the following vote:
AYES: Aliano, Nakamura, Obringer, Birsan NOES: Hoffmeister
CORRESPONDENCE
a. Agenda Item No. 6.a – Letter to California Public Utilities Commission President Busching Reynolds re: Opposition relating to the Application of Pacific Bell Telephone Company d/b/a/ AT&T California (U1001C) for Targeted Relief from its Carrier of Last Resort Obligation and Certain Associated Tariff Obligations dated February 28, 2024 b. Agenda Item No. 5.a – Rent Stabilization and Just Cause for Eviction – Benched Correspondence
COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.
City Council Minutes March 5, 2024
6 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on March 5, 2024, at 8:52 p.m. /s/
EDI E. BIRSAN
MAYOR
/s/
JOELLE FOCKLER, MMC
CITY CLERK