Regular Joint Meeting of the
Concord City Council and Redevelopment Agency
Monday, October 27, 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. – Joint Regular Meeting
Council Chamber
ROLL CALL
PLEDGE TO THE FLAG – Vice Mayor Allen
PUBLIC COMMENT PERIOD
MAYOR: I will now open the Public Comment Period. Members of the audience may address the Council on any matter that is not on tonight's agenda. Fifteen minutes is allocated to the Public Comment Period, and each speaker will be limited to approximately three minutes.
- PRESENTATIONS
- Presentation – to Judy Walters, President of Diablo Valley College, on the contributions the college makes to Central County. Introduction by Mayor Shinn.
- Presentation – by Rachel Lenci, Engineering Manager for Contra Costa Water District, on the planned Downtown Concord Water Main Replacement project. Introduction by Alex Pascual, Director of Building, Engineering, and Neighborhood Services.
- ANNOUNCEMENTS
City Council Matters
- CITY COUNCIL CONSENT CALENDAR
MAYOR: "The next item is the City Council Consent Calendar which is considered in a single motion. If any member of the Council or the public wishes to remove any item from the Consent Calendar, please indicate now; otherwise I will consider a motion for approval."
Staff Recommendation: Adopt the Consent Calendar as recommended.- Approving - minutes of the October 6, 2008 meeting. Recommended by City Clerk.
- Matter to set for public hearing – on Monday, December 1, 2008 at 6:30 p.m. in the Council Chamber - Lowe’s Shopping Center (PD 08-003, UP 08-005, PM 08-001, RT 08-002, DR 08-009) – Consideration of an application for: a) certification of an Environmental Impact Report; b) Preliminary Development Plan; and c) Use Permit, Vesting Tentative Map, Tree Removal and Design Review for a new shopping center totaling approximately 334,112 square feet in building area that includes a 137,933-square-foot Lowe’s building plus 31,179-square-foot garden center; a 155,000-square-foot anchor tenant building; and approximately 10,000 square feet of retail/restaurant building space on two outparcels at 1923-1985 and 2001 Arnold Industrial Way. The General Plan designation is Regional Commercial; Zoning classification is PD (Planned District); APN’s 159-090-013, -015, -024, -028, -030, -034, -036. Recommendation by the Planning Commission.
- Adoption of Ordinance 08-6 - Amendment to the Concord Municipal Code – Fire Code - amendment to 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. Ordinance 08-6 was introduced on October 6, 2008 by reading of the title only and waiving further reading.
- Adoption of Ordinance 08-8 (Uncodified) - Concord Industrial Park Development Agreement Extension – accepting an application by Carl Zocchi to extend the term of the Concord Industrial Park Development Agreement, previously approved on July 13, 1999, for an additional 10-year period. The project site encompasses 80 acres at 5003-5189 Commercial Circle. The General Plan designation is Business Park; Zoning Classification is Planned District (PD); APN(s) 159-040-071, -072, -073, -076, -077, -078, -081, -082, -085, -086, -091; 159-461-003, -004, -006; 159-463-004 thru -008; 159-471-010, -011, -013. A Negative Declaration was previously approved for this project. Ordinance 08-8 was introduced on October 6, 2008 by reading of the title only and waiving further reading.
- Approving – certification of the Measure C Growth Management Program Biennial Compliance Checklist for Calendar Years 2006 and 2007; and authorizing the City Manager to sign the Checklist. Recommended by Director of Public Works.
- Approving – an agreement with the Contra Costa County District Attorney to provide Deputy District Attorney Jean Skilling a staff support for the Community Prosecution Program in the amount of $114,230; and authorizing the City Manager to execute the agreement. Recommended by Chief of Police.
- Accepting – the improvements for Project No. 2012, Concord Boulevard Sidewalk (Farm Bureau Road to Sattler Drive) constructed by Ghilotti Bros., Inc. of San Rafael; 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.
- Awarding – a construction contract in the amount of $990,777 to HSR General Engineering of Santa Clara for Project No. 1283, Galindo Creek Trail Gap Closure and Ygnacio Valley Road Slide Repair; approving a related budget transfer; approving a License Agreement with East Bay Regional Parks District; and authorizing the City Manager to execute the agreement; and adopting the project plans and specifications. Recommended by Director of Building, Engineering and Neighborhood Services.
- Approving - a second amendment to the agreement with Joseph Fernandez, now DBA East Bay Golf Centers, Inc. revising financial and other terms of the agreement to provide golf professional services. Recommended by Director of Community and Recreation Services.
- CITY COUNCIL CONSIDERATION ITEM
- CONSIDERATION - of three appointments to the Parks, Recreation, and Open Space Commission for two-year terms ending June 30, 2010; and the appointment of an alternate for a one-year term ending June 30, 2009. Report by the Council Committee on Recreation and Cultural Affairs.
Staff Recommendation: Appoint three applicants to the Parks, Recreation and Open Space Commission for two-year terms ending June 30, 2010; and one applicant as an alternate for a one-year term ending June 30, 2009.
- CONSIDERATION - of three appointments to the Parks, Recreation, and Open Space Commission for two-year terms ending June 30, 2010; and the appointment of an alternate for a one-year term ending June 30, 2009. Report by the Council Committee on Recreation and Cultural Affairs.
- CITY COUNCIL PUBLIC HEARING ITEM
MAYOR: Madam Clerk, have all the publications been completed and appropriate parties notified?
- Proposed Amendment to the Concord Municipal Code regarding Recreational Vehicles – consideration of a City initiated proposed amendment to Section 122-744(c) of the Zoning Chapter to incorporate new recreational vehicle parking standards. This project is not subject to CEQA because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Ordinance 08-7 for introduction. Report by Margaret Hernandez, Neighborhood Services Manager.
Staff Recommendation: Hear report, take public testimony, and introduce Ordinance 08-7 by reading of the title only and waiving further reading.
NOTE TO MAYOR: After motion and second, ask City Attorney to read the ordinance title.
- Proposed Amendment to the Concord Municipal Code regarding Recreational Vehicles – consideration of a City initiated proposed amendment to Section 122-744(c) of the Zoning Chapter to incorporate new recreational vehicle parking standards. This project is not subject to CEQA because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Ordinance 08-7 for introduction. Report by Margaret Hernandez, Neighborhood Services Manager.
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MATTERS
- JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CONSENT ITEMS
- Approving – a Cost of Living Adjustment in the Confidential Pay Schedule in the amount of 3% and adding the deferred compensation benefit effective October 6, 2008. Resolution No. 08-4735.2 and Redevelopment Agency Resolution 08-723 for adoption. Recommended by City Manager.
- 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.
- CLOSED SESSION REPORTS
- COUNCIL AND STAFF REPORTS
- Recent Conference Attendance
- ADJOURNMENT
NEXT REGULAR CITY COUNCIL MEETING: Monday, November 3rd, 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.
