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

Monday, June 22, 2009
6:30 p.m. - Council Chamber
1950 Parkside Drive, Concord, CA

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

ROLL CALL

PLEDGE TO THE FLAG - Councilmember Peterson

PUBLIC COMMENT PERIOD

  1. ANNOUNCEMENTS

CITY COUNCIL MATTERS

  1. CITY COUNCIL CONSENT ITEMS
    Staff Recommendation: Adopt the Consent Calendar as recommended.
    1. Approval of minutes - of the meeting held June 1, 2009. Recommended by City Clerk.
    2. Adoption of Ordinance 09-2 - approving an amendment to the Concord Municipal Code, Chapter 110 Utilities, Article II Sewer System, Section 110-32 Rates and Charges Established, Paragraph (c) Annual Sewer Service Charges, increasing the minimum annual sewer service charges by $12 per year and increasing other corresponding charges as stated in paragraph (c) and making an administrative change in Section 110-42. Ordinance 09-2 introduced on June 1, 2009.
    3. Authorizing – the reappointment of Chris Tang and Phing Thong to serve as the City's representative and alternate respectively on the Contra Costa County Library Commission. Recommended by Mayor Hoffmeister.
    4. Approving – an agreement with the Mt. Diablo Unified School District to continue the collaboration of the Mt. Diablo CARES After School Program for FY 2009-10; and authorizing the City Manager to execute the agreement. Recommended by Director of Community and Recreation Services.
    5. Approving – the third amendment to the lease agreement with Vasconi-Belka Realty for continued use by First 5 Center participants of the privately-owned, paved parking lot on Clayton Road; and authorizing the City Manager to execute the agreement. Recommended by Director of Community and Recreation Services.
    6. Authorizing – the write-off of uncollectible accounts receivable for FY 2008-09 in the amount of $253,106.16. Recommended by Director of Finance.
    7. Approving – a Professional Services Agreement with R-Computer in the amount of $170,000 for FY 2009-10 for desktop computer services; and authorizing the City Manager to execute the agreement. Recommended by Director of Information Technology.
    8. Authorizing – the Information Technology Director to renew maintenance support agreements with TriTech Software Systems ($134,062.50), Accela Government Software ($29,454.04), Lawson Software ($80,936.15) and The Active Network ($22,059.48); and further authorizing the City Manager to execute a three-year Microsoft ($118,079.04) agreement. Recommended by Director of Information Technology.
    9. Approving – a Professional Services Agreement with Botts Strategic Solutions for up to $185,000 for Fiscal Year 2009-10, with options for two additional one-year extensions at the same rate, to provide the Network system maintenance and implementations; and authorizing the City Manager to execute the agreement. Recommended by Director of Information Technology.
    10. Approving – two (2) three-year agreements with the City of Clayton which authorize the City of Concord to provide the City of Clayton with (1) Dispatch, Computer Aided Dispatch System Services and (2) Telephone and Voice Mail Services in the combined amount of $156,432 adjusted by actual annual CPI, and a one-time fee of $13,173; and authorizing the City Manager to execute the agreements. Recommended by Director of Information Technology.
    11. Approving – the establishment of permit parking on Gill Drive between Grant Street and Gill Court and on Gill Court. Resolution No. 09-52 for adoption. Recommended by Director of Public Works.
    12. Approving – an amendment to the agreement for professional services with Moore Iacofano Goltsman, Inc. for Project No. 2035, ADA Transition Plan Update, extending the agreement to December 31, 2009; and authorizing the City Manager to execute the amendment. Recommended by Director of Building, Engineering and Neighborhood Services.
    13. Approving – a lease agreement with Mt. Diablo Unified School District for the use of a portable building located at Meadow Homes Park for the operation 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.
    14. Approving - the City's Revised Proposition 1B Expenditure Plan and related budget transfers. Resolution No. 09-53 for adoption. Recommended by Director of Building, Engineering and Neighborhood Services.
    15. Awarding - a construction contract in the amount of $1,372,740 to Top Grade Construction, Inc. of Livermore for Project No. 2109, Ygnacio Valley Road Permanent Restoration Phase 2; approving a Professional Services Agreement with Cole Management and Engineering, Inc. in the amount of $85,608 for construction management services; and authorizing the City Manager to execute the agreement. Recommended by Director of Building, Engineering and Neighborhood Services.
    16. Authorizing – the City Attorney to cooperate with the League of California Cities, other cities and counties in litigation challenging the constitutionality of any seizure by state government of the City's street maintenance funds. Resolution No. 09-54 for adoption. Recommended by City Manager.
    17. Approving – the acceptance of grant monies in the amount of $194,772.00 from the State of California Office of Traffic Safety and appropriating the funds for use in the City's DUI/Unlicensed Driver enforcement and awareness program. Recommended by Chief of Police.
    18. Approving - an agreement with the First 5 Contra Costa Children and Families Commission to manage the grant for programs and services for the Monument Community First 5 Center; and authorizing the City Manager to execute the agreement. Recommended by Director of Community and Recreation Services.
  1. CITY COUNCIL CONSIDERATION ITEMS
    1. Appointment – of up to five applicants to the Concord Community Services Commission for two-year terms ending June 30, 2011, and one applicant to serve as an alternate for a one-year term ending June 30, 2010. Report from Council Committee on Neighborhood and Community Services.

      Staff Recommendation: Appoint five applicants for terms ending June 30, 2011, and one applicant as an alternate for a term ending June 30, 2010.
    2. Appointment – of two applicants to the Concord Appeals Board for a term ending February 28, 2011, and three applicants to a term ending February 28, 2012. Report from Council Committee on Infrastructure and Franchise Services.

      Staff Recommendation: Appoint two applicants for terms ending February 28, 2011 and three applicants for terms ending February 28, 2012.
    3. Appointment – of two applicants to the Concord Parks, Recreation and Open Space Commission for a two-year term ending June 30, 2011, and one applicant to serve as an alternate for a one-term ending June 30, 2010. Report from Recreation and Cultural Affairs.

      Staff Recommendation: Appoint two applicants for a term ending June 30, 2011 and one applicant for a term ending June 30, 2010.

CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY

  1. LOCAL REUSE AUTHORITY CONSENT ITEM
    1. Approving - a Master Services Agreement with ARUP, Inc. for professional services associated with Phase III Reuse Planning at the Concord Naval Weapons Station in an amount not to exceed $270,000; and authorizing the Executive Director to execute the agreement. Recommended by Reuse Project Director.

JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY

  1. JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY CONSENT ITEM
    1. Approving – the City of Concord and Concord Redevelopment Agency Investment Policy. Recommended by Director of Finance.
    2. Approving – an appropriation in the amount of $20,000 from the Redevelopment Agency Unallocated Fund balance to Project No. 2130, Clayton Road (Market Street to Oakland Avenue) Pavement Rehabilitation. Redevelopment Agency Resolution No. 09-735 for adoption. Recommended by Director of Building, Engineering and Neighborhood Services.
    3. Approving – the agreed upon adjustments in compensation for the following non-represented employees. Recommended by the Executive Management Team.

      1) Modification to the City Manager's, City Attorney's and Executive Management staff's compensation in Fiscal Year 2009-2010 by approving a five (5%) salary reduction via furlough, and suspension of (1) pay for performance, (2) the 401k Deferred Compensation Plan, and (3) the city-paid flex benefit. Resolution No. 09-4735.1 for adoption.

      2) Modification to the non-represented Management staff's compensation in Fiscal Year 2009-2010 by approving a five (5%) salary reduction via furlough, and suspension of (1) pay for performance, and (2) the city-paid flex benefit. Resolution No. 09-4735.2 for adoption.

      3) Modification to the non-represented Confidential staff's compensation in Fiscal Year 2009-2010 by approving a five (5%) salary reduction via furlough and suspending step increases. Resolution No. 09-4735.3 for adoption.
  1. JOUINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
    1. Approval of Fiscal Year 2009-10 Budgets for the City of Concord and Concord Redevelopment Agency, Ten-Year Financial Plans and Related Items – continue the public hearing in consideration for approval of Fiscal Year 2009-10 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. Please contact Margaret Lefebvre, Director of Finance, at (925) 671-3078.

      2) Annual Appropriation Limits and Adjustment Factors - approving annual appropriation limits and adjustment factors for Fiscal Year 2009-10, pursuant to Article XIIIB of the California Constitution and reaffirming Policy & Procedure No. 129, “Budget and Fiscal Policies” in order to ensure the City's continued financial health.

      3) 2009-10 City of Concord Budget, Ten-Year Financial Plan and Capital Improvement Program - consideration of Fiscal Year 2009-10 City of Concord Budget and Ten-Year Financial Plan, and adoption of the 2009-10 Capital Improvement Program.

      4) 2009-10 City of Concord Redevelopment Agency Budget - consideration of Fiscal Year 2009-10 City of Concord Redevelopment Agency Budget.

      Staff Recommendation: Conduct the public hearing continued from June 8, 2009, receive testimony and adopt Resolutions No. 09-41, No. 09-42, No. 09-6042.3 and Redevelopment Agency Resolution No. 09-732.

  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.
  3. CLOSED SESSION REPORTS
  4. COUNCIL AND STAFF REPORTS
    1. Recent Conference Attendance
  5. ADJOURNMENT

NEXT REGULAR CITY COUNCIL MEETING: Monday, July 6, 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.