Please note earlier start time - 5:30 p.m.

COUNCIL MEMBERS
Laura M. Hoffmeister, Mayor
Ronald E. Leone, Vice Mayor
Edi E. Birsan
Timothy S. Grayson
Daniel C. Helix
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org

City of Concord California

Regular Meeting of the Concord City Council



Tuesday, August 2, 2016
5:30 p.m. Open Session. Council Chamber. 1950 Parkside Drive



Information for the public on participation at Council meetings can be found on the back of the Speaker Identification Card located near the Council Chamber entrance. Should you have any questions after consulting the Speaker Identification Card, please contact the City Clerk prior to the Council meeting.

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.


  1. OPENING
    Roll Call
    Pledge to the Flag - Councilmember Birsan

  2. PUBLIC COMMENT PERIOD
    This is a fifteen minute Public Comment Period for items within the City Council's subject matter jurisdiction that are not on this agenda. 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.

  3. PRESENTATIONS
    1. Presentation - by Chief of Police Guy Swanger providing an update on department activities. Introduction by Mayor Hoffmeister.

  4. ANNOUNCEMENTS

  5. TREASURER'S REPORT
    1. Receiving - the Quarterly Treasurer's Report for the period April 1 - June 30, 2016. (No Fiscal Impact) Recommended by the City Treasurer.

  6. CITY COUNCIL CONSENT CALENDAR
    The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council's consideration of the 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.
    1. Considering - a budget appropriation in the amount of $20,000 to provide for additional financial studies relating to the City's Other Post Employment Benefit and a Third Amendment to Professional Services Agreement with Bartel Associates, LLC to fund additional financial services required for the Other Post Employment Benefit fund. (Post Retirement Health Care Benefit Fund) Recommended by the Director of Finance.
    2. Annual Write-Off of Uncollectable Accounts Receivable for FY 2016-16. Recommended by the Director of Finance
    3. Considering - responses to Contra Costa County 2015-16 Grand Jury Reports Nos. 1605, Caring for the Victims: Commercial Sexual Exploitation of Children in Contra Costa County; 1606, Reclaiming our Water; and 1615, Truancy and Chronic Absence in Contra Costa County Schools. Recommended by the Chief of Police and the Director of Community and Economic Development.
    4. Matter to set for Public Hearing - on Tuesday, September 13, 2016, at 6:30 p.m. in the Council Chamber - considering Ordinance No.16-3 amending the Concord Municipal Code by adopting a text amendment to the Development Code (PL160109-DC) to Sections 18.185.020 and 18.185.040 of the Affordable Housing Ordinance, to reduce the applicable project size from 5 units to 2 units and Resolution No. 16-6042.4 amending the City's Fees and Charges resolution to increase inclusionary housing fees, which would be effective, if approved, on January 1, 2017. Recommended by the Director of Community and Economic Development.
    5. Matter to set for Public Hearing - on Tuesday, September 13, 2016, at 6:30 p.m. in the Council Chamber - considering the adoption of Resolution No. 16-65 adopting the Downtown Corridors Plan including proposed improvements within the public right-of-way to enhance three critical street segments or "corridors" along Oak Street, Grant Street (from Salvio to Oak Street) and Salvio Street (from Broadway to Grant Street.) Recommended by the Director of Community and Economic Development.
    6. Considering - major terms for a sublease agreement, to be drafted in a form acceptable to the City Attorney, to allow Clayton Valley Charter High School the temporary right to use Boatwright Sports Complex for student parking and authorizing the City Manager to execute the agreement subject to consent of Cal State University East Bay. Recommended by the Director of Public Works.

      This project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act Guidelines Sections 15301 - Existing Facilities, 15303 - New Construction or Small Structures and 15305 - Minor Alterations in Land Use Limitations.
    7. Considering - adoption of Resolution No. 16-66 authorizing the acceptance of Justice Assistance Grant Funds in the amount of $33,988 and amending the Municipal Budget for Fiscal Year 2016-17 and appropriating and authorizing such funds to be used to fund Limited Service Officer Trainee positions in the Police Department. Recommended by the Chief of Police.
    8. Considering - a Contract Change Order for Clayton Road/Treat Boulevard/Dekinger Road Intersection Improvements, Project No. 2144, in the amount of $141,364 to Granite Rock Construction. (Funded by Measure J and Gas Tax) Recommended by the Director of Community and Economic Development.
    9. Considering - award of a Construction Contract for the Local Government Electric Vehicle Fleet Project (Project No. 2193) in the Amount of $146,500 to ABM Electric of Pleasanton and authorize the Mayor to execute such contract subject to City Attorney approval; and authorize staff to utilize the available project contingency for contract change orders up to 10% of the contract amount. (Funded by Surface Transportation Program (STP)/Congestion Management and Air Quality (CMAQ) Grant funds and General Fund) Recommended by the Director of Community and Economic Development.

      This project qualifies for a Categorical Exclusion pursuant to NEPA Section 6004 issued by Caltrans, and a Statutory Exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15601(b)(3) "project not subject to CEQA review."
    10. Considering - an award of two contracts for the Central Concord Pedestrian Improvements and Streetscape (Project No. 2239): (1) a Construction Contract in the amount of $3,125,154 to Ghilotti Bros., Inc.; authorize staff to utilize the available project contingency for contract change orders up to 8% of the contract amount; and (2) a Professional Services Agreement with Park Engineering for construction management services in the amount of $184,848 and materials testing services in the amount of $30,000 (total contract amount of $214,848); authorize the City Manager to execute the agreements subject to approval of the City Attorney; and approve associated budget transfer. (Funded by Measure J-TLC Grant, State Gas Tax, and Measure J Local Funds) Recommended by the Director of Community and Economic Development.

      This Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act Guidelines Sections 15301 - Existing Facilities and 15304 -- Minor Alterations to Land.
    11. Considering - award of two contracts for the Measure Q Pavement Repair Project #1 - Hillsborough Drive and East Olivera Road Project (Project No. 2359): (1) a Construction Contract in the amount of $2,412,756 to Ghilotti Construction Company of Santa Rosa; authorize staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and (2) a Professional Services Agreement with CSG Consultants for construction management in the amount of $160,590 for construction management services and in the amount of $20,000 for materials testing (total contract amount of $180,590); authorize the City Manager to execute the agreements subject to approval of the City Attorney; accept and appropriate CalRecycle grant funding into the project budget; and approve associated budget transfers. (Funded by Measure Q Lease Revenue Bond, Pavement Management Project No. 2157. (Holding Account Fund 400), and Information Technology Operating Fund - Fund 634) Recommended by the Director of Community and Economic Development.

      This Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act Guidelines Sections 15301 - Existing Facilities and 15304 - Minor Alterations to Land.
    12. Considering - rejection of the sole bid submitted by Ghilotti Construction Company, Inc. of Novato for the Measure Q Pavement Repair Project #2 - Solano Way, Wren Avenue and Sixth Street Pavement Rehabilitation Project, Project No. 2361, and directing staff to re-advertise the project for bids. Funded by Measure Q) Recommended by the Director of Community and Economic Development.
    13. Considering - award of two contracts for the Measure Q Pavement Repair Project #4 — Citywide Pothole and Base Repairs (Project No. 2364): (1) a Construction Contract in the amount of $1,323,905 to Granite Rock Company of Concord; authorize staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and (2) a Professional Services Agreement with Swinerton Management and Consulting to provide construction management services in the amount of $109,203 and materials testing services in the amount of $11,250 (total contract amount of $120,453); authorize the City Manager to execute the agreements subject to approval of the City Attorney. (Funded by Measure Q Lease Revenue Bond) Recommended by the Director of Community and Economic Development. This Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act Guidelines Sections 15301 - Existing Facilities and 15304 -- Minor Alterations to Land.
    14. Considering - adoption of Resolution No. 16-4735.10 approving the terms and conditions of employment for employees in the Concord Police Managers' Representation Unit for the period July 1, 2015 - June 30, 2019. Recommended by the Director of Human Resources.
    15. Considering - adoption of Resolution No. 16-4735.11 approving the terms and conditions of employment for employees in the Concord Police Association for the period July 1, 2015 - June 30, 2019. Recommended by the Director of Human Resources.
    16. Considering - adopting Resolution Nos. 16-61 and 16-62 fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) for members of the Concord Police Association and the Concord Police Managers' Representation Unit. (General Fund) Recommended by the Director of Human Resources.
    17. Considering - Resolution Nos. 16-4735.8, 16-4735.9, and 16-4735.10 approving adjustments to Confidential Employee, Management, Executive Management, City Attorney and City Manager benefits. (General Fund) Recommended by the Director of Human Resources.
    18. Considering - adopting Resolution No. 16-57 providing vesting for fixed City contribution amounts for retiree health care benefits for current eligible City retirees; and Resolution No. 16-67 providing vesting for fixed City contribution amounts for retiree health care benefits for eligible current unrepresented employees upon retirement directly from the City. Recommended by the Director of Human Resources.


  7. CITY COUNCIL CONSIDERATION 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.
    1. Considering - appointment to two unscheduled vacancies on the City of Concord Community Services Commission, one with a term ending June 30, 2017 and one with a term ending June 30, 2019. Report by Joelle Fockler, City Clerk.
    2. Considering - appointment of an applicant to the City of Concord Design Review Board for one member of the public with a term ending February 28, 2019. Report by Joelle Fockler, City Clerk.
    3. Considering - appointment of an applicant as the City of Concord representative on the John Muir/Mt. Diablo Community Health Fund Board with a term ending December 31, 2017. Report by Joelle Fockler, City Clerk.


  8. CITY COUNCIL 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 level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council.
    1. Considering - an Environmental Impact Report with Statement of Overriding Considerations, Application for an Amendment to Concord Development Code Chapters 18.20 (General Terms) and 18.180 (Signs) to allow for freeway-oriented signs including digital pylon signs, Use Permit, Tree Removal and Design Review to construct a shopping center with up to 375,000 square feet of floor area on a 30-acre site located at 2001-2003 Diamond Boulevard. Anticipated shopping centers uses include a grocery store, theater, restaurants (including drive-through restaurant), general retail, general office/medical office, health club, and financial services.. (Veranda Project) Report by Frank Abejo, Senior Planner.
    2. Considering - adoption of Resolution No. 16-54 approving the Thirteenth Amendment to the Franchise Agreement between the City of Concord and Concord Disposal Service and adoption of Resolution No. 16-6042.2 amending Exhibit A to Resolution No. 78-6042 establishing fees and charges for various municipal services in the City of Concord to increase residential solid waste fees. Report by Joan Ryan, Senior Planner.
    3. Considering - a change of zoning for six parcels (Located on the North Side of Concord Between Highway 242 and Bonifacio Street - APNS 112-101-025, 112-101-016, 112-101-022, 112-101-029, 112-101-030, 112-101-031) From Downtown Mixed-Use (DMX) to West Concord Mixed Use (WMX) By Amending the General Plan, Downtown Specific Plan, Zoning Map and the Text in Development Code Section 18.45.010(C), and considering the adoption of an Addendum to the Final Supplemental Environmental Impact Report (SEIR) to the 2030 Concord General Plan EIR and Reaffirming the Statement of Overriding Considerations. Report by Laura Simpson, Planning Manager.
    4. Considering - Pleasant Paper Recycling, Inc.'s (dba Concord Recycling Center) appeal of a Planning Division Interpretation of Concord Development Code Section 18.40.010(D) regarding Outdoor Storage in the Service Commercial (SC) Zoning District and amendments to Use Permit 01-00 and 03-11 for 1320 and 1313 Galaxy Way to allow outdoor storage pursuant to Development Code Sections 18.200.170.D. and E. Report by Laura Simpson, Planning Manager.

      This item is continued, per the applicant's request, to the September 13, 2016, City Council meeting.


  9. CORRESPONDENCE
    Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.

  10. REPORTS AND ANNOUNCEMENTS
    Closed Session Announcements
    City Manager or Staff Reports
    Council Reports

  11. ADJOURNMENT

Next Meeting: Regular Meeting
Date: 9/13/2016 - 6:30 p.m.


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) 671-3021, 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.

Committee Chair/Member Meeting Time
Housing and Economic Development Leone/Helix 4th Monday, 5:30 pm, Garden Conference Room
Infrastructure and Franchise Helix/Birsan 2nd Monday, 5:30 pm, Garden Conference Room
Policy Development and Internal Operations Hoffmeister/Leone 2nd Thursday, 5:30 pm, Garden Conference Room
Recreation, Cultural Affairs and Community Services Grayson/Hoffmeister 3rd Wednesday, 5:30 pm, City Manager's Conference Room
Youth and Education Birsan/Grayson 3rd Monday, 5:30 pm, Garden Conference Room
 
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