Regular Joint Meeting of the Concord City Council
and Redevelopment Agency

Monday, June 23, 2008
6:30 p.m. – Regular Joint Meeting
City Council Chamber
1950 Parkside Drive, Concord, CA

CLOSED SESSION: The City Council may convene in closed session immediately prior to or at the conclusion of the above meeting. If a closed session is to be held, an agenda will be posted on the Friday prior to the meeting. For additional information regarding the closed session, contact the City Attorney’s Office at 671-3160.

6:30 p.m. – Regular Meeting
Council Chamber

ROLL CALL

PLEDGE TO THE FLAG – Councilmember Bjerke

PUBLIC COMMENT PERIOD

  1. PRESENTATION
    1. Presentation – of Concord Business Recognition Awards to Concord Jewelers and Fleury’s Floor Covering. Report from Economic Development Specialist Joyce Seitz.
    2. Presentation – to representatives of First Tee and Concord Ambassadors, recipients of proceeds from the 2008 Mayor’s Cup Golf Tournament. Report by Mayor Shinn.
  2. ANNOUNCEMENTS

City Council Matters

  1. CITY COUNCIL CONSENT CALENDAR
    1. Approval of Minutes - for the meetings of June 2, and June 9, 2008. Recommended by City Clerk.
    2. Authorizing - the continuation of emergency action for Project No. 2034, Ygnacio Valley Road Landslide, pursuant to Section 22050 of the Public Contract Code. Recommended by Director of Building, Engineering and Neighborhood Services.
    3. Approving – the updated Rules of the Planning Commission adopted by the Commission on April 16, 2008. Recommended by the Director of Planning and Economic Development.
    4. Matters to be set for public hearing – Monday, July 14, 2008 – in the Council Chamber:
      1. Rite Aid Store (PD 06-002, UP 06-007, DR 06-005) - Application for a Preliminary Development Plan, Use Permit, and Design Review for a 14,546 sq. ft. Rite Aid Store on a 1.6-acre site located at 1990 Monument Boulevard at Oak Grove Road. The General Plan designation is Commercial Mixed Use; Zoning classification is PD (Planned District); APN’s 147-010-041, -053. Recommended by Director of Planning and Economic Development.
      2. Cowell Homeowners’ Association Appeal – Appeal of the Planning Commission’s denial of the Association’s appeal of a Zoning Administrator decision to require the preparation of an Environmental Impact Report consistent with requirements of the California Environmental Quality Act of 1970, as amended, for a Certificate of Appropriateness application to demolish the Cowell Smokestack at 4478 Lawson Court. The General Plan designation is Open Space; Zoning classification is Planned District; APN 133-260-002. Recommended by Director of Planning and Economic Development.
    5. Authorizing – the year-end write-off of uncollectible Accounts Receivable. Recommended by Director of Finance.
    6. Approving – a three-year agreement between the City of Concord and the City of Clayton to provide the City of Clayton with Police Dispatch, Computer Aided Dispatch system, and temporary holding and detention services, establishing a reimbursement schedule of annual fees with the first year costs at $46,948 and future increases based upon the Consumer Price Index; and authorizing the City Manager to execute the agreement. Recommended by Director of Information Technology.
    7. Accepting – improvements for the 2008 Patch Paving Program construction by G. Bortolotto & Co., Inc., approval of a related budget transfer in the amount of $73,779.15; and directing the City Clerk to file a Notice of Completion. Recommended by Director of Public Works.
    8. Approving – an agreement with the First 5 Contra Costa Children and Families Commission to manage the grant for programs and services for Fiscal Year 08-09 for the Monument Community First 5 Center and authorizing the City Manager to execute the agreement. Recommended by Director of Community and Recreation Services.
    9. Approving - an agreement with Mt. Diablo Unified School District for development of the Mt. Diablo CARES After School Program; and authorizing the City Manager to execute the agreement. Recommended by Director of Community and Recreation Services.
    10. Approving – a second amendment to the Lease Agreement with Vasconi-Belka Realty for use of the parking lot adjacent to First 5 Center at 1736 Clayton Road at an annual cost of $4,800; and authorizing the City Manager to execute the letter agreement. Recommended by Director of Community and Recreation Services.
    11. Awarding – a construction contract in the total amount of $200,084 to Nema Design Construction for Project No. 2023, Landana Sidewalk Improvements; waiving minor bid defects; and adopting the project plans and specifications. Recommended by Director of Building, Engineering & Neighborhood Services.
    12. Approving – a three-year InterAgency Agreement between the City of Concord and Contra Costa County Sheriff’s Office for California Law Enforcement Telecommunications System (CLETS) Level II Access service; and authorizing the City Manager to execute the agreement. Recommended by the Director of Information Technology.
    13. Authorizing – the Information Technology Department to renew maintenance support agreements with 1) Accela Government Software in the amount of $27,880.92, 2) Lawson Software in the amount of $77,826.24, and 3) The Active Network in the amount of $22,648.34 to provide Information Technology staff with access to manufacturers’ technical support, product patches, and service releases during the contract period. Recommended by Director of Information Technology.
    14. Matter to be set for public hearing – Monday, July 28, 2008 – in the Council Chamber - Proposed Amendment to the Concord Municipal Code - Consideration of a proposed amendment to the Concord Municipal Code Chapter 14 (Buildings & Building Regulations), Article VI (Fire Code), Section 14-151 (Fire Code Adopted) to include the Contra Costa County amendments to the 2007 California Fire Code with modifications. Recommended by Director of Building, Engineering and Neighborhood Services.
  2. CITY COUNCIL CONSIDERATION ITEMS:
    1. Consideration – of placing a Measure on the November 4, 2008 General Municipal Election ballot asking the voters if the positions of City Clerk and/or City Treasurer should be appointive. Resolution 08-46 recommended for adoption. Recommended by Director of City Management.

      Staff Recommendation: Hear the report, take public testimony, and adopt the appropriate proposed resolution.
  3. CITY COUNCIL PUBLIC HEARING
    1. ABBA Self & RV Storage - an appeal submitted by Barry Silberman, ABBA Self & RV Storage, appealing the Planning Commissions’ April 16, 2008 denial of an application for a Use Permit Amendment to allow parking of recreation vehicles less than 8 feet in height along the east side of the property. Applicant states agreement to amend the application to meet the concerns of adjacent neighbors to the project site. Report by Senior Planner Ryan Lenhardt.

      Staff Recommendation: Adopt Resolution 08-44 denying the appeal and upholding the Planning Commission’s decision denying UA 08-001 subject to the required findings contained therein.
    2. Proposed Amendment to the Concord Municipal Code - Certificate of Entitlement to Reimbursement – consideration of an amendment to the Concord Municipal Code Chapter 110 (Utilities), Article II (Sewer System), Section 110-40 (Connections Generally, Connection Permit, Maintenance of Connections and Equipment, Reimbursement for Costs of Extension), by increasing the ten (10) year limit for sewer reimbursement certificates to thirty (30) years and adding administrative set up fees. Ordinance 08-5 for introduction. Report by Qamar Khan, Director of Public Works.

      Staff Recommendation: Introduce Ordinance 08-5 by reading of the title only and waiving further reading.

Joint City Council
Redevelopment Agency

  1. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CONSENT CALENDAR:
    1. Approving – a Services Agreement between the City of Concord and the Concord Redevelopment Agency authorizing the receipt of and payment for services between the two parties. Recommended by the Director of Finance.
    2. Approving – the City of Concord and Concord Redevelopment Agency Investment Policy. Recommended by Director of Finance.
  2. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
    1. Approval of Fiscal Year 2008-09 Budgets for the City of Concord and Concord Redevelopment Agency, Ten-Year Financial Plans and Related Items – consideration for approval of Fiscal Year 2008-09 Budgets for the City of Concord and Concord Redevelopment Agency, Ten-Year Financial Plans and Related Items, which include:
      1. Proposed Amendments to the Master Fees and Charges Resolution - consideration of amending the Master Fees and Charges Resolution for fees relating to various municipal services, including but not limited to Administrative Fees; Business, Professional and Trades Fees; Parks and Recreation Fees; Permit Center Fees; Police Fees; Off-Site Street Improvement Program (OSIP) Fees; and Parkland In-Lieu Fees. Data is available, as required by Government Code Title 7, Division 1, Chapter 8 Section 66016. Resolution 08-6042.2 for adoption.
      2. Annual Appropriation Limits and Adjustment Factors - approving annual appropriation limits and adjustment factors for Fiscal Year 2008-09, pursuant to Article XIIIB of the California Constitution. Resolution 08-38 for adoption.
      3. 2008-09 City of Concord Budget, Ten-Year Financial Plan and Capital Improvement Program - consideration of Fiscal Year 2008-09 City of Concord Budget and Ten-Year Financial Plan, and adoption of the 2008-09 Capital Improvement Program and reaffirming Policy & Procedure No. 129, “Budget and Fiscal Policies” in order to ensure the City’s continued financial health. Resolution 08-39 for adoption.
      4. 2008-09 City of Concord Redevelopment Agency Budget - consideration of Fiscal Year 2008-09 City of Concord Redevelopment Agency Budget. Resolution 08-715 for adoption.

        Staff Recommendation: Continue the public hearing opened on June 2, 2008, take public testimony, close the hearing, and:
        1. Adopt Resolution 08-6042.2 – Amendment of Master Fees and Charges;
        2. Adopt Resolution 08-38 – Appropriation Limit and Adjustment Factors for Fiscal Year 2008-09;
        3. Adopt Resolution 08-39 – Fiscal Year 2008-09 City Budget, Ten-Year Financial Plan and Capital Improvement Program and reaffirming Policy & Procedure No. 129, “Budget and Fiscal Policies” in order to ensure the City’s continued financial health; and
        4. Adopt Redevelopment Agency Resolution 08-715 – Fiscal Year 2008-09 Redevelopment Agency Budget.

Redevelopment Agency

  1. REDEVELOPMENT AGENCY CONSENT ITEMS:
    1. Approving – Façade Improvement Program Grant Agreements with Abolfth and Olga Matinrazm in the amount of $3,770, owners of property located at 2002 Salvio Street/1980 Galindo Street, and with Duane Barnett in the amount of $1,019, business owner of Englund’s Bistro located at 2002 Salvio Street B, for façade improvements; and authorizing the Executive Director to execute the agreements. Recommended by Director of Planning and Economic Development.
    2. Matter to be set for Public Hearing – on Monday, July 14, 2008 at 6:30 p.m. in the Council Chamber, to consider the Purchase of Real Property located at 1751, 1753, 1757 Concord Avenue (APN 112-101-016) between Sulcar Properties (Seller) and the Redevelopment Agency of the City of Concord (Buyer); and the leasing of the property to Mr. Shahdad Hefzi dba Auto Imports (Tenant), pursuant to the proposed Triple Net (NNN) Lease (Lease). Recommended by Director of Planning and Economic Development.
  2. REDEVELOPMENT AGENCY PUBLIC HEARING
    1. La Pinata of Concord, LLC Lease Agreement – consideration of entering into a Lease Agreement with La Pinata of Concord, LLC (a Restaurant) to occupy and use seventeen (17) parking spaces located on Agency owned property at 1948 Colfax Street, Concord, California, .25 acre of property (APN 126-074-014 and 015) between Willow Pass Road and Salvio Street. Report by Joyce Davidson Seitz, Economic Development Specialist.

      Staff Recommendation: Hear the report, take public testimony, approve a Parking Lot Lease Agreement and authorize the Executive Director to execute it.
  1. CORRESPONDENCE - City Council correspondence not selectively included in the following list is available for inspection during normal business hours by contacting the City Clerk at 671-3495.
    1. Letter dated May 27, 2008 from Mayor Shinn to Senator M. Ridley-Thomas in support of AB 844 – Junk Dealers and Recyclers: Nonferrous Materials.
    2. Letter dated May 27, 2008 from Mayor Shinn to Senator T. Torlakson opposing AB 983 – Public Contracts: plans and specifications.
    3. Letter dated June 16, 2008 from Mayor Shinn to Senator A. Lowenthal supporting AB 2280 – Density Bonus.
  2. CLOSED SESSION REPORTS
  3. COUNCIL AND STAFF REPORTS
    1. Recent Conference Attendance
  4. ADJOURNMENT

NEXT REGULAR CITY COUNCIL MEETING: Monday, July 7, 2008


Notice to Public

Speaker's Card

Members of the audience who wish to address the City Council are requested to complete a Speaker's Card available at the front bench. Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins.

Agenda Reports

Agenda reports are available for public viewing in a binder on the front staff desk.

Public Comment Period

This is a fifteen-minute Public Comment Periodfor items not on this agenda, and each speaker will be limited to approximately three minutes. State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period.

Consent Calendar

All matters listed under the Consent Calendar are considered by the Council/Agency to be routine and will be acted upon in a single motion. There will not be separate discussions of these items unless a request is made prior to the time the Council/Agency considers the motion to adopt.

Public Hearings

Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment. After the public has commented, the item is closed to further public comment and brought to the Council/Agency level for discussion and action. Further comment from the audience will not be received unless requested by the Council/Agency. No public hearing shall commence after 10:00 p.m. unless approved by majority vote of the City Council.

ADA Notice and Hearing Impaired Provisions

The Council Chamber is equipped with Easy Listener Sound Amplifier units for use by the hearing impaired. The units operate in conjunction with the Chamber's sound system. You may request the Easy Listener Phonic Ear Personal Sound Amplifier from the City Clerk for personal use during Council meetings.

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator at (925) 671-3063, at least five days in advance of the hearing. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

E-mail: cityinfo@ci.concord.ca.us

The following is a list of regular Council Committee meeting dates. Most meetings are held in the Garden Conference Room, 1950 Parkside Drive, Concord.

Note: Meetings are subject to change or cancellation. For latest information and committee agendas please call 671-3158.

Committee  Chair/Member Meeting Time
Housing & Economic Development Hoffmeister/Bjerke 4th Monday at 5:30 p.m.
Infrastructure & Franchise Allen/Hoffmeister 2nd Wednesday at 5:30 p.m.
Neighborhood & Community Services Bjerke/Peterson 4th Thursday at 5:30 p.m.
Policy Development & Internal Operations Shinn/Allen 1st Wednesday at 5:00 p.m.
Recreation & Cultural Affairs Peterson/Shinn 2nd Thursday at 5:30 p.m.

Correspondence

Correspondence received that constitutes a public record under the Public Records Act concerning any matter on this agenda is available for inspection during normal business hours by contacting the City Clerk's office at 1950 Parkside Drive, Wing A, Concord, CA

Notice

There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting (Policy and Procedure No. 2, Section 4.24). For information on the next regular or special City Council meeting, please call (925) 671-3495.

Meeting Records

Audio cassette tapes and videotapes of most City Council meeting are available for listening or viewing at the City Clerk's office. Copies of the videotapes may be purchased. Contact the Community Relations Manager at (925) 671-3272 for further information.