City of Concord California


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

Tuesday, February 23, 2010
6:30 p.m. - Regular Joint Meeting
Concord Senior Center - Wisteria Room
2727 Parkside Circle, Concord, CA

Please Note Change in Location


6:30 p.m. - Regular Meeting. Concord Senior Center - Wisteria Room

ROLL CALL

PLEDGE TO THE FLAG - Councilmember Peterson

PUBLIC COMMENT PERIOD

  1. PRESENTATIONS
    1. Presentation - to representatives of the Third Legacy Motorcycle Club honoring them for their 25 years of service to the community and recognizing the service of member Jim Smith. Report by Mayor Bjerke.
  2. ANNOUNCEMENTS

    CITY COUNCIL MATTERS

  3. CITY COUNCIL CONSENT ITEMS
    Staff Recommendation: Adopt the Consent Calendar as recommended.
    1. Approval of minutes - for the meetings of January 26 and February 9, 2010. Recommended by City Clerk.
    2. Setting of a public hearing - on Tuesday, March 23, 2010 in the Council Chamber - consideration of a proposed amendment to the Concord Municipal Code revoking Chapter 34, Floodplain Management, to update standards for consistency with the California Model Floodplain Management Ordinance for Noncoastal Communities. Recommended by Director of Public Works and Engineering.
    3. Ordering - the preparation of the Engineer's Report for the levy of annual assessments for the following landscaping and lighting maintenance assessment districts for Fiscal Year 2010-11. Recommended by Director of Public Works and Engineering.
      (1) Downtown Landscape Maintenance District. Resolution No. 10-8 for adoption.
      (2) Pine Hollow Landscape Maintenance District. Resolution No. 10-9 for adoption.
      (3) Landscaping and Lighting Maintenance District #3. Resolution No. 10-10 for adoption.
      (4) Citywide Street Lighting Assessment District. Resolution No. 10-11 for adoption.
    4. Approving - an agreement with Francisco & Associates in the amount of $29,000 to provide Engineering Services for the City of Concord's 2010/11 Landscape and Lighting Assessment Districts: Downtown Landscape Maintenance District, Pine Hollow Landscape Maintenance District, Landscaping and Lighting Maintenance District #3, and the Citywide Street Lighting Assessment District; and authorizing the City Manager to execute the agreement. Recommended by Director of Public Works and Engineering.
    5. Approving - the appropriation of $660,000 from the Public Works and Engineering Operations Account for Surface Seal (47656001Z01) to Project No. 2167, Whitman Road Pavement Rehabilitation (Detroit Avenue to Oak Grove Road). Resolution No. 10-14 for adoption. Recommended by Director of Public Works and Engineering.
    6. Confirming - a Mitigated Negative Declaration (with Mitigation Monitoring and Reporting Program) as the appropriate environmental document for Project No. 1761, Commerce Avenue Roadway Extension and Bridge at Pine Creek and authorizing the City Manager to sign both the Notice of Completion and Environmental Document Transmittal and the Notice of Determination; and authorizing the City Clerk to file the Notices with the County Clerk and State Clearinghouse. Resolution No. 10-2 for adoption. Recommended by Director of Public Works and Engineering.
    7. Approving - Project No. 2170, Clayton Road Pavement Rehabilitation (Treat Boulevard to Ygnacio Valley Road); appropriating $385,000 from Surface Seal Operations to the project, approving a Design Services Agreement with Azari Engineering in the amount of $177,000 and authorizing the City Manager to execute it; and authorizing the filing of an Application for Federal Jobs of Main Street Act of 2010 Grant. Resolution Nos. 10-15 and 10-17 for adoption. Recommended by Director of Public Works and Engineering.
    8. Approving - an Energy Audit Agreement with Chevron Energy Solutions as an Energy Service Company (ESCO) to perform an audit of the energy usage in the City's facilities with the intent of having Chevron implement selected Energy Conservation Measures through a separate Energy Services Agreement (ESA). Payment of the energy audit cost of $140,000 to Chevron will be incorporated into the ESA and will come from the City's energy savings, which Chevron will guarantee as part of the ESA. Recommended by Director of Public Works and Engineering.
    9. Approving - an agreement with Link Path Communications, LLC in an amount not to exceed $35,000 for radio frequency engineering, system design, grant application preparation and submittal; approving the submittal of an ARRA grant application, and authorizing the City Manager to execute the agreement and any required grant documents. Recommended by Director of Information Technology.
  1. CITY COUNCIL CONSIDERATION ITEMS:
    1. Consideration - of the proposed Calendar Year 2010 Measure WW Funding Allocation Plan, which will be submitted with a funding distribution application to East Bay Regional Park District (EBRPD) upon approval. Report by Director of Public Works and Engineering.
      Staff recommendation: Hear the report, take public testimony, approve the Calendar Year 2010 Measure WW Funding Allocation Plan.
    2. Consideration - of AB 1600 annual report on development fee transactions, in compliance with State Government Code Section 66006, and finding that there remains a reasonable relationship between current needs for developer fees and the purposes for which they were originally charged Government Code Section 66001(d0). Data is available as required by Government Code Title 7, Division 1, Chapter 8, Section 66006. Resolution No. 10-13 for adoption. Report by the Director of Public Works and Engineering.
      Staff Recommendation: Adopt Resolution No. 10-13, approving the Developer Fees Report and finding that there remains a reasonable relationship between the current needs and the purposes for which the fees were originally charged.


    JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MATTERS

  2. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CONSENT ITEMS:
    1. Approving - an agreement with Pacific Coast Farmers' Market to continue operating a Certified Farmers' Market at Todos Santos Plaza and authorizing the City Manager to execute the agreement. Recommended by Community Development Director.


    CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY

  3. CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY PUBLIC HEARING:
    1. Continuation - of the consideration of the following matters from the meeting held on February 9, 2010:

      1. Consideration - of a Final Environmental Impact Report (FEIR) that has been prepared for the City of Concord's (City) Concord Community Reuse Project (Project) pertaining to the Concord Naval Weapons Station. Adopt Findings of Fact and a Statement of Overriding Considerations regarding unavoidable and significant environmental impacts and a Mitigation Monitoring and Reporting Plan pursuant to the California Environmental Quality Act. Approve the preferred alternative as the Reuse Plan to be submitted to the U.S. Department of Housing and Urban Development and the U.S. Navy. Resolution Nos. 10-7 and 10-8 for adoption. Report by Michael Wright, Reuse Project Director.
      Staff recommendation: Hear report, take public testimony, and consider taking the following actions following the conclusion of testimony and deliberations: (1) Adopt Local Reuse Authority Resolution No. 10-7 certifying the Final Environmental Impact Report for the Concord Community Reuse Project, and (2) Adopt Local Reuse Authority Resolution No. 10-8 approving the Concord Community Reuse Project, adopting Findings of Fact and a Statement of Overriding Considerations under the California Environmental Quality Act, and adopting a Mitigation Monitoring and Reporting Plan.

      2. Consideration - of revisions to Legally Binding Agreements for homeless assistance in connection with the Concord Naval Weapons Station to be submitted to the U.S. Department of Housing and Urban Development and the U.S. Navy. Report by Craig Labadie, City Attorney.
      Staff recommendation: Hear report, take public testimony, and consider taking the following action following the conclusion of testimony and deliberations: Adopt Local Reuse Authority Resolution No. 10-9 approving revisions to the Legally Binding Agreements for homeless assistance in connection with the Concord Naval Weapons Station.
  4. 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. CLOSED SESSION REPORTS
  1. COUNCIL AND STAFF REPORTS
    1. Recent Conference Attendance
  1. ADJOURNMENT

NEXT REGULAR CITY COUNCIL MEETING: Tuesday, March 2, 2010



Notice to Public

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

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.

Agendized Items – The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes.

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 podium and in the Chamber foyer. Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins.

Consent Calendar: Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration. If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate.

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 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) 671-3170, 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.

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.

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.

Meeting Records: DVDs of most City Council meetings are available for listening or viewing in the City Clerk's office and at the Concord Public Library. Copies of the DVDs may be purchased. Contact the Community Relations Manager at (925) 671-3272 for further information.

Televised Meetings: All meetings are broadcast live on Comcast channel 28, Astound Broadband channel 29, and AT&T U-Verse channel 99. The meeting is replayed on the Wednesday following the meeting at 8:00 a.m., 2:00 p.m. and 7:00 p.m. Replays are also broadcast on Thursday, Friday and Saturday. Please check the City website, http://www.cityofconcord.org/pdf/about/citynews/tvlistings.pdf.


E-mail: cityinfo@cityofconcord.org
Website: www.cityofconcord.org


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