Regular Joint Meeting of the Concord City Council and Redevelopment Agency and the City Council sitting as the Local Reuse Authority

Monday, April 13, 2009
6:30 p.m. - Regular Meeting
City Council Chamber
1950 Parkside Drive, Concord, CA

6:30 p.m. - Regular Joint Meeting
Council Chamber

ROLL CALL

PLEDGE TO THE FLAG - Councilmember Shinn

PUBLIC COMMENT PERIOD

  1. PRESENTATIONS
    1. Presentation - to the retiring members of the Community Advisory Committee, thanking them for their dedicated service. Presentation by Mayor Hoffmeister.
  2. ANNOUNCEMENTS

CITY COUNCIL MATTERS

  1. CITY COUNCIL CONSENT ITEMS
    Staff Recommendation: Adopt the Consent Calendar as recommended.
    1. Approving - minutes of the meeting of March 23, 2009. Recommended by City Clerk.
    2. Approving - the appropriation of $210,000 from Measure WW Bond Extension Funds for capital projects to be completed during Fiscal Year 2008-09. Resolution No. 09-31 for adoption. Recommended by Director of Finance.
    3. Approving - the rescission of the authorization made in 2007 to participate in the California Uniform Public Construction Cost Accounting Act (CUPCCAA). Resolution No. 09-30 for adoption. Recommended by Director of Finance.
    4. Approving - an agreement with Management Partners, Inc. in the amount of $50,000 for consulting assistance in connection with Human Resources services required for Fiscal Year 2008-09; and authorizing the City Manager to execute the agreement. Recommended by Director of Human Resources.
    5. Accepting - the General Plan Progress Report and directing staff to submit the report to the Governor's Office of Planning and Research and to the State Department of Housing and Community Development. Recommended by Director of Planning and Economic Development.
    6. Authorizing - the recommendation to the Board of Supervisors of resident Rosanne Nieto to serve as the City's representative on the Contra Costa County Iron Horse Corridor Advisory Committee for a two-year term ending December 31, 2010. Recommended by Mayor Hoffmeister.
    7. Approving - the summary vacation of approximately 1,076 square feet of excess right-of-way affecting a portion of 1970 Concord Ave., APN 126-052-026; and authorizing the City Manager to execute a quitclaim deed. Resolution No. 09-29 for adoption. Recommended by Director of Planning and Economic Development.
    8. Awarding - a contract in the amount of $20,675 to TruGreen Landcare, of Fairfield, CA, as the lowest responsible bidder for RFB #2168, Kirkwood Landscape Maintenance District. Recommended by Director of Public Works.
    9. Awarding - a contract in the amount of $16,836 to TruGreen Landcare, of Fairfield, CA, as the lowest responsible bidder for RFB #2169, Pine Hollow Landscape Maintenance District. Recommended by Director of Public Works.
    10. Authorizing - the recommendation to the Central Contra Costa Transit Authority Board of Directors to reappoint Charles Hester as the City's representative to the Central Contra Costa Transit Authority Citizen's Advisory Committee for a two-year term ending May 1, 2011. Recommended by Mayor Hoffmeister.
    11. Matter to be set for public hearing on Monday, May 11, 2009, at 6:30 consideration of an appeal filed by John Newman of the Planning Commission's approval of an application by Discovery Homes for a Rezoning to R-7.5 (Single Family Residential, 7,500 sq. ft. minimum lot size), Vesting Tentative Map, Tree Removal, and Design Review for 11 single-family homes on a 2.36-acre site at 3319 Walnut Avenue, referred to as Copperleaf Subdivision. The General Plan designation is Low Density Residential; Zoning classification is R-10 (Single Family Residential, 10,000 sq. ft. minimum lot size); APN 113-133-008.
    12. Approving - the following items related to Downtown Landscape Maintenance District, Pine Hollow Landscape Maintenance District, Landscaping and Lighting Maintenance District #3, and the Citywide Street Lighting Assessment District. For additional information contact Administrative Analyst Mary Miller at (925) 671-3141. Recommended by Director of Public Works.

      (1) Accepting the Engineer's Report for the Downtown Landscape Maintenance District. Resolution 09-20 for adoption.

      (2) Accepting the Engineer's Report for Pine Hollow Landscape Maintenance District. Resolution 09-21 for adoption.

      (3) Accepting the Engineer's Report for Landscaping and Lighting Maintenance District #3. Resolution 09 - 22 for adoption.

      (4) Accepting the Engineer's Report for the Citywide Street Lighting Assessment District. Resolution 09-23 for adoption.

      (5) Ordering improvements in the Downtown Landscape Maintenance District and setting a public hearing for June 1, 2009 at 6:30 p.m. in the Council Chamber. Resolution of Intention 09-24 for adoption.

      (6) Ordering improvements in the Pine Hollow Landscape Maintenance District and setting a public hearing for June 1, 2009 at 6:30 p.m. in the Council Chamber. Resolution of Intention 09-25 for adoption.

      (7) Ordering improvements in the Landscaping and Lighting Maintenance District #3 and setting a public hearing for June 1, 2009 at 6:30 p.m. in the Council Chamber. Resolution of Intention 09-26 for adoption.

      (8) Ordering improvements in the Citywide Street Lighting Assessment District and setting a public hearing for June 1, 2009 at 6:30 p.m. in the Council Chamber. Resolution of Intention 09-27 for adoption.
    13. Approving - a Professional Services Agreement with Harrison Engineering, Inc. in the amount of $8,500 for Project No. 1283, Galindo Creek Trail Closure and Ygnacio Valley Road Landslide Repair; and authorizing the City Manager to execute the agreement. Recommended by Director of Building, Engineering, and Neighborhood Services.
    14. Approving - a new Policy and Procedure No. 155, Identity Theft Prevention Program, created in order to comply with regulations ("Red Flag Rules") issued by the Federal Trade Commission (FTC) as part of the implementation of the Fair and Accurate Credit Transaction (FACT) Act of 2003. Resolution 09-28 for adoption. Recommended by City Attorney.
    15. Approving - an amendment to the lease agreement with TMO CA/NV LLC, T-Mobile) to modify antenna facilities on a stadium light pole in Willow Pass Park; and authorizing the City Manager to execute the amendment. Recommended by Director of Community and Recreation Services.
  1. CITY COUNCIL PUBLIC HEARINGS
    1. Consideration - of an appeal filed by Engineer's Associates, Inc. of the Zoning Administrator's denial on February 11, 2009, of a request for a Zoning Administrator Permit for a Finding of Public Convenience and Necessity for retail sales of alcoholic beverages (beer and wine) at a GASCO site located at 4323 Clayton Road, APN 115-242-038. Resolution 09-18 for adoption. Report by Deborah Raines, Planning Manager.

      Staff Recommendation: Hear the report, take public testimony, adopt Resolution No. 09-18 upholding the Zoning Administrator's decision and denying the appeal.
    2. Consideration - of amendment to the Concord Municipal Code Chapter 2 (Administration) and Chapter 26 (Election) pertaining to the office of the City Clerk to reflect the voters decision to have the position filled by appointment and deleting reference to the election cycle, compensation, campaign statement requirements, and filing requirements. Ordinance 09-1 for introduction. Report by Katy Wisinski, Deputy City Attorney.

      Staff Recommendation: Hear the report, take public testimony, introduce Ordinance No. 09-1 by reading of the title only and waiving further reading.

JOINT CITY COUNCIL/REDEVELOPMENT AGENCY

  1. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CONSENT ITEMS
    1. Approving - a Professional Services Agreement with McDonough Holland and Allen PC in the amount of $200,000 to provide legal services in support of the Agency's redevelopment activities; and authorizing the City Manager/Executive Director to execute the agreement. Recommended by Director of Planning and Economic Development.

REDEVELOPMENT AGENCY

  1. REDEVELOPMENT AGENCY CONSENT ITEMS
    1. Approving - an agreement with Creative Musical Alternatives in the amount of $36,000 to provide talent booking and other services for Downtown events; and authorizing the Executive Director to execute the agreement. Recommended by the Director of Planning and Economic Development.

CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY

  1. LOCAL REUSE AUTHORITY CONSENT CALENDAR
    1. Approving - the dissolution of the Community Advisory Committee for the Community Reuse Project and extend appreciation to the retiring members for the work they did to advise the Local Reuse Authority on the civilian reuse of the Concord Naval Weapons Station. Local Reuse Authority Resolution No. 09-06. Recommended by Reuse Director.
  2. 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. Treasurer's Report for the month of February, 2009.
  3. CLOSED SESSION REPORTS
  4. COUNCIL AND STAFF REPORTS
    1. Recent Conference Attendance
  5. ADJOURNMENT

NEXT REGULAR CITY COUNCIL MEETING: April 27, 2009


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.

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
Website: www.cityofconcord.org
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 Bjerke/Allen 4th Wednesday at 5:30 p.m
Infrastructure & Franchise Allen/Hoffmeister 2nd Wednesday at 5:30 p.m.
Neighborhood & Community Services Shinn/Peterson 4th Thursday at 5:30 p.m.
Policy Development & Internal Operations Hoffmeister/Bjerke 1st Wednesday at 5:30 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.


 
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