Joint Study Session of the Concord City Council
and Community Services Commission
and a Regular Joint Meeting of the City Council
and the Redevelopment Agency


Tuesday, April 22, 2008

5:30 p.m. – Study Session with Community Services Commission
Permit Center Conference Room
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.

Joint Study Session
with Community Services Commission
5:30 p.m. - Permit Center Conference Room

ROLL CALL

  1. STUDY SESSION WITH COMMUNITY SERVICES COMMISSION – Community Services Funding – consideration of accepting the Proposed Draft 2008-09 Action Plan containing the Community Services Commission's recommendations for community grant funding in all project categories from federal Community Development Block Grant Funds, City of Concord General Fund, and Child Care Developer fees. Recommended by Director of Community and Recreation Services. Report from Community Services Manager Teri House.

    Staff Recommendation: Review and provide input.
  2. RECESS – to reconvene in the Council Chamber in regular meeting.

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

ROLL CALL

PLEDGE TO THE FLAG – Councilmember Allen

PUBLIC COMMENT PERIOD

  1. PRESENTATION - to Army Specialist Roy Eugene Ramey III in recognition of his military service. Report by Mayor Shinn.
  2. ANNOUNCEMENT
  1. CITY COUNCIL CONSENT CALENDAR
    1. Approval of Minutes - for the meetings of March 25, and April 1, 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. Accepting - improvements for Project No. 2048, Todos Santos Plaza Improvements, constructed by Rodan Builders, Inc. of Belmont, California, and directing the City Clerk to file a Notice of Completion. Recommended by Director of Building, Engineering and Neighborhood Services.
    4. Matter to be set for public hearing – Monday, May 12, 2008 – Community Services Funding – consideration of accepting the Proposed Draft 2008-09 Action Plan containing the Community Services Commission's recommendations for community grant funding in all project categories from Federal Community Development Block Grant Funds, City of Concord General Fund, and Child Care Developer fees. Recommended by Director of Community and Recreation Services.
    5. Adoption of Ordinance 08-1 - amending the Concord Municipal Code repealing Section 122-304 of the Zoning Chapter in its entirety and adopting a new Section 122-304 to clarify and strengthen the standards and regulations controlling Home-Based Businesses in residential areas. Ordinance 08-1 was introduced on April 8, 2008 by reading of the title only and waiving further reading.
    6. Adoption of Ordinance 08-3 – amending the Concord Municipal Code repealing in its entirety Chapter 94 of the Concord Municipal Code and to adopt a new Chapter 94 to establish new regulations governing Subdivisions. Ordinance 08-3 was introduced on April 8, 2008 by reading of the title only and waiving further reading.
    7. Approving – the consolidation of Project No. 2064, Monument Boulevard and Meadow Lane Pedestrian Infrastructure Improvements, and Project No. 2072, Implementation of Urban Design Plan for Monument Boulevard Corridor, into new Project No. 2064, Monument Corridor Pedestrian Infrastructure Improvements; and approving the consolidation of the project budgets. Recommended by Director of Building, Engineering and Neighborhood Services.
    8. 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 08-21 for adoption.

      (2) Accepting the Engineer's Report for Pine Hollow Landscape Maintenance District. Resolution 08-22 for adoption.

      (3) Accepting the Engineer's Report for Landscaping and Lighting Maintenance District #3. Resolution 08-23 for adoption.

      (4) Accepting the Engineer's Report for the Citywide Street Lighting Assessment District. Resolution 08-24 for adoption.

      (5) Ordering improvements in the Downtown Landscape Maintenance District and setting a public hearing for June 2, 2008 at 6:30 p.m. in the Council Chamber. Resolution of Intention 08-25 for adoption.

      (6) Ordering improvements in the Pine Hollow Landscape Maintenance District and setting a public hearing for June 2, 2008 at 6:30 p.m. in the Council Chamber. Resolution of Intention 08-26 for adoption.

      (7) Ordering improvements in the Landscaping and Lighting Maintenance District #3 and setting a public hearing for June 2, 2008 at 6:30 p.m. in the Council Chamber. Resolution of Intention 08-27 for adoption.

      (8) Ordering improvements in the Citywide Street Lighting Assessment District and setting a public hearing for June 2, 2008 at 6:30 p.m. in the Council Chamber. Resolution of Intention 08-28 for adoption.
    9. Accepting – improvements for Project No. 1285.3, San Miguel Road Sidewalk Improvements, and Project No. 1173.3, Citywide Sidewalk Improvement Annual Program, constructed by Spencon Construction, Inc. of Foster City; approving a related budget transfer; and directing the City Clerk to file a Notice of Completion. Recommended by Director of Building, Engineering and Neighborhood Services.
    10. Authorizing – the City Manager to execute State and Federal Funding Agreements to accept California Department of Transportation funds for transportation projects. Resolution 08-29 for adoption. Recommended by Director of Building, Engineering and Transportation.
    11. Approving – an agreement with Rising Sun Energy Center for California Youth Energy Services residential outreach program. Recommended by Director of Public Works.
    12. Matter to be set for public hearing – Monday, May 12, 2008 – Proposed amendment to the Concord Municipal Code regarding the City of Concord Retirement System Ordinance - proposing to make numerous technical and clarifying revisions to Chapter 50, Article II of the Concord Municipal Code to properly reflect the previous change to the California Public Employees Retirement System, ensure compliance with current legal requirements, and promote ease of administration of the City of Concord Retirement System. Recommended by City Attorney.
  2. CITY COUNCIL PUBLIC HEARING
    1. Cowell Smokestack Appeal - consideration of an appeal made by the Cowell Homeowners’ Association 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. Resolution 08-30 for adoption. Report by Joan Ryan, Senior Planner.

      Staff Recommendation: Consider request from Cowell Homeowners’ Association to continue the public hearing to a future date.

REDEVELOPMENT AGENCY MATTERS

  1. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CONSENT ITEMS
    1. Approving - a consultant agreement in the amount not to exceed $110,000 with Compliance Services LLC of Walnut Creek to establish the compliance monitoring program for the affordable multi-family rental projects in the City of Concord and authorizing the Executive Director to execute the agreement. Recommended by Director of Planning and Economic Development.
    2. Approving – a Professional Services Agreement in the amount of $30,000 with SZFM Design Studio to provide design services for the Façade Improvement Program; and authorizing the Executive Director to execute the agreement. Recommended by Director of Planning and Economic Development.
    3. Matter to be set for Public Hearing – on Monday, May 12, 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.
  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. Treasurer’s Report for the month of February, 2008.
    2. Letter dated April 8, 2008 from Mayor Shinn to Assemblymember S. Swanson in support of AB 2537 (Furutani) – Public Works: exemption: volunteers
    3. Letter dated April 10, 2008 from the Board of Directors of Cowell Homeowners Association requesting the public hearing on the Cowell Smokestack Appeal be continued to a future Council meeting.
  2. CLOSED SESSION REPORTS
  3. COUNCIL AND STAFF REPORTS
    1. Recent Conference Attendance
  4. ADJOURNMENT

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.