REGULAR JOINT MEETING OF THE CONCORD CITY COUNCIL AND REDEVELOPMENT AGENCY AND THE CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY

Monday, December 1, 2008
6:30 p.m. – Joint Meeting
Concord Senior Citizens Center – Wisteria Room
2727 Parkside Circle, Concord, CA

Please note change in meeting location

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 Meeting
Concord Senior Citizens Center

ROLL CALL

PLEDGE TO THE FLAG – Councilmember Peterson

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.

  1. PRESENTATION
    1. Presentation - of a Certificate of Recognition to Elena Rowan, a 4th grade student at Highlands Elementary for the winning design of the 2008 Holiday Pin.   Presentation by Mayor Shinn
    2. Presentation – of a Community Rating System plaque to Mayor Shinn by Sarah Owen, Natural Hazards Program Specialist, representing the National Flood Insurance Program.   Introduction by Alex Pascual, Director of Building, Engineering and Neighborhood Services.
  1. ANNOUNCEMENTS
    1. Announcing – a correction in the number of openings on the Planning Commission due to administrative error. There are three openings on the Planning Commission to fill the expiring terms of Kevin Costa, Robert Hoag and Ron Leone, and the deadline for receipt of applications is Friday, January 2, 2009 at 5:00 p.m. Recommended by City Clerk.

CITY COUNCIL MATTERS

  1. 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.
    1. Approving – minutes of the November 3, 2008 meeting.   Recommended by City Clerk.
    2. Adopting – Recreation Vehicle Parking Ordinance No. 08-7, amending Concord Municipal Code Chapter 122 (Zoning), Article IV (General Provisions and Exceptions) 122-744 (c), relating to storage and parking standards for Recreational Vehicles.  Ordinance was introduced on October 27, 2008 by reading of the title only and waiving further readings.
    3. Approving – an amendment to the agreement with Mt. Diablo School District for collaboration 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.
    4. Approving – the conceptual business terms and conditions for a second amendment to the Management Agreement with Live Nation for the Sleep Train Pavilion; and authorizing the City Manager to negotiate and execute the agreement.  Recommended by Interim Assistant City Manager.
    5. Approving – an agreement with the City of Hayward, Chief Ron Ace (Ret.) and Carol Ace, to reimburse off-setting out-of-pocket retiree medical expenses in the event of employment which will culminate in a savings to the City of Concord; and authorizing the City Manager to execute the agreement.  Recommended by Director of Human Resources.
    6. Approving – an amendment to the employment agreement between the City of Concord and Craig Labadie, City Attorney, providing for an increase in annual salary from $198,834 to $210,000 and a one-time performance bonus in the amount of $15,500.  Recommended by Mayor Shinn.
    7. Awarding – a construction contract in the amount of $450,096 to GSL Construction, Inc. of Livermore for Project No. 2108, Treat Boulevard (Oak Grove to San Miguel Road) Street Median Landscaping Improvements; and adopting the plans and specifications.  Recommended by Director of Building, Engineering and Neighborhood Services.
    8. Accepting – the improvements for Project No. 2098, Mira Vista Subdrain Repair, performed by Geocon Consultants, Inc of Sonoma, and directing the City Clerk to file the Notice of Completion.  Recommended by Director of Building, Engineering and Neighborhood Services.
    9. Approving – two Professional Services Agreements with Azari Engineering, Inc. for design services of Project No. 2130, Clayton Road (Market Street to Oakland Avenue) Pavement Rehabilitation in the amount of $144,000 and for Project No. 2131, Clayton Road Intersection Improvements in the amount of $159,999; and authorizing the City Manager to execute the agreements.  Recommended by Director of Building, Engineering and Neighborhood Services.
    10. Matter to set for Public Hearing - on Monday, January 12, 2008 at 6:30 p.m. at the Concord Senior Center – to consider designation/approval of a preferred alternative for the Concord Naval Weapons Station and a Homeless Accommodation Submission for purposes of the Local Reuse Authority’s application to Housing and Urban Development pursuant to federal military base closure laws.  Recommended by the Reuse Project Director.
    11. Approving – the acceptance of a grant in the amount of $30,744.68 from the Regents of the University of California Berkeley – Traffic Safety Center and appropriating it to the Concord Police Departments’ Driving Under the Influence/Unlicensed Driver enforcement, awareness and vehicle impound program.  Recommended by Chief of Police.
  2. CITY COUNCIL PUBLIC HEARING

    MAYOR: Madam Clerk, have all the publications been completed and appropriate parties notified?
    1. Consideration - of an application by Lowe’s HIW Inc., for certification of an Environmental Impact Report and a Preliminary Development Plan 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, -032, -034, -036. Recommended by the Planning Commission.

      Staff Recommendation: Adopt Resolution No. 08-62 certifying the Lowe’s Shopping Center Environmental Impact Report and adopting a Statement of Overriding Considerations; and Adopt Resolution No. 08-63 approving the Lowe’s Shopping Center Preliminary Development Plan.

JOINT CITY COUNCIL/ REDEVELOPMENT AGENCY MATTERS

  1. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CONSENT ITEM:
    1. Approving - annual budget adjustments for Fiscal Year 2008-09 allocating savings from Fiscal Year 2007-08 and miscellaneous other adjustments as appropriate. City Council Resolution No. 08-64 and Redevelopment Agency Resolution No. 08-728 for adoption. Recommended by Director of Finance.

REDEVELOPMENT AGENCYMATTERS

  1. REDEVELOPMENT AGENCY CONSENT ITEMS:
    1. Authorizing – the Executive Director to enter into a Purchase and Sale Agreement with Meadow Creek Group, LLC to purchase real property located at 1717 Galindo Street (APN 126-143-011), 1747 Galindo Street (APN 126-143-003), 1795 Galindo Street (APN 126-062-011), 1855 Clayton Road (APN 126-142-010), 1875 Clayton Road (APN 126-153-006), and 1899 Clayton Road (APN 126-153-007) in the amount of $4,834,000. Redevelopment Agency Resolution No. 08-726 for adoption. Recommended by the Director of Planning and Economic Development.

CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY

  1. LOCAL REUSE AUTHORITY CONSENT ITEMS:
    1. Approving – an amendment to the Professional Services Agreement with ARUP Inc. in an amount not to exceed $250,000 to conduct Stage 4 activities including responding to requests for clarifications, response to comments on the Draft Environmental Impact Report on the Concord Naval Weapons Station Reuse Plan, commencement of regulatory agency negotiations on mitigation parameters, and specialized biologic/hydrology studies; and authorizing the Executive Director to execute the amendment. Recommended by Reuse Project Director.
    2. Approving – the acceptance of a Grant from the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) in the amount of $750,000 for specific station area planning. Recommended by Reuse Project Director.
    3. Approving – a Master Services Agreement with ARUP Inc. for Professional Services associated with station area planning at the Concord Naval Weapons Station in an amount not to exceed $750,000; approving Task Order No. 1 in the amount of $200,000; and authorizing the Executive Director to execute the agreement. Recommended by Reuse Project Director.
    4. Approving – a fourth amendment to the Master Agreement for Professional Services associated with preparation of the Reuse Plan for the Concord Naval Weapons Station with ARUP, Inc. in an amount not to exceed $200,000; and authorizing the Executive Director to execute the agreement. Recommended by Reuse Project Director.
  2. LOCAL REUSE AUTHORITY STUDY SESSION:
    1. Study Session – Presentation of the Community Advisory Committee’s recommended alternative for the Concord Naval Weapons Station Reuse Plan. Report by Reuse Project Director Michael Wright.

      Staff Recommendation - Hear the Community Advisory Committee’s report and recommendation for the preferred Plan alternative, take public testimony, and provide guidance.
  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.
  2. CLOSED SESSION REPORTS
  3. COUNCIL AND STAFF REPORTS
    1. Recent Conference Attendance
  4. ADJOURNMENT

NEXT REGULAR CITY COUNCIL MEETING: Monday, December 8th, 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.