Please note 7 p.m. start time for Open Session

Laura M. Hoffmeister, Mayor
Edi E. Birsan, Vice Mayor
Ronald E. Leone
Timothy A. McGallian
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519

City of Concord California

Regular Meeting of the Concord City Council

Tuesday, April 4, 2017
6:00 p.m. Closed Session - Council Conference Room. 1950 Parkside Drive
7:00 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.


    Roll Call


      Agency designated representatives: Valerie Barone, City Manager; Justin Ezell, Director of Public Works; Elia Bamberger, Director of Human Resources
      Employee organization: Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856
    2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8
      Property: Area within Concord Community Reuse Plan
      Agency negotiators: Valerie Barone, City Manager; Guy Bjerke, Director of Community Reuse Planning
      Negotiating parties: Alan Lee, Department of the Navy
      Under negotiation: Price, Terms of Payment


    Roll Call
    Pledge to the Flag - Vice Mayor Birsan

    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.

    1. Presentation - by Dr. Nellie Meyer, Mt. Diablo Unified School District, on the re-opening of Holbrook Elementary School. Introduction by Mayor Hoffmeister.
    2. Presentation - of the Daniel C. Helix Award of Excellence to Mike Aboussie, Maintenance Worker II, by Director of Public Works Justin Ezell. Introduction by Mayor Hoffmeister.
    3. Presentation - by Kathryn Monroy, Recreation Program Manager, and Matt Galindo, Recreation and Special Events Program Coordinator, on the Outstanding Recreation Program for the revamped one-week swim lesson program and Outstanding Facility for the Willow Pass Park Pickeball Courts awards received by the Parks and Recreation Department from the California Parks and Recreation Society, District 3. Introduction by Mayor Hoffmeister.


    1. Considering - approval of an Amendment to the Agreement for Professional Services with Pavement Engineering Inc. in the amount of $65,282 to provide for design and related services for Measure Q Pavement Maintenance Project No. 5 - Zones 4 and 5, Project No. 2332, subject to approval of the City Attorney; authorizing the City Manager to execute the agreement; and approving a related budget transfer in the amount of $195,000 from the Concord BART Area Sanitary Sewer Upgrade Project, Project No. 2406, to the Pavement Maintenance Project No. 5, Project No. 2332. (Sanitary Sewer Upgrade Project) Recommended by the Director of Community and Economic Development.
    2. Considering - approval of Transfer of Equity Ownership of Waterworld Waterpark to EPR Properties, Inc.; approving Estoppel Certificates and Sublease Agreement. Recommended by the City Attorney.
    3. Considering - award of contract for Detroit Avenue/Whitman Road Pedestrian Improvements, Project No. 2318, in the amount of $265,355 to Ray's Electric Inc. of Oakland, California; authorizing staff to utilize the available project contingency for contract change orders up to 10 percent of the contract amount; and approving a $55,000 budget transfer from Measure Q Lease Revenue Financing, FY14-15 Pavement Maintenance Project., PJ 2329. (Funded by TDA Grant Funds, Measure Q, and Measure J28a funds) Recommended by the Director of Community and Economic Development.

      This project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 - Existing Facilities as set forth in the Notice of Exemption.

    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 - Construction Change Order No. 5 in the amount of $357,000 and authorizing a budget transfer of $525,000 to the Clayton Road/Treat Boulevard/Denkinger Road Intersection Capacity Improvements Project, Project No. 2144. ($400,000 from Measure J Funds and $125,000 from Measure Q Lease Revenue Financing Agreement Funds) Report by Mark Migliore, Associate Civil Engineer.

    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 - introduction of Ordinance No. 17-5, to amend the Development Code in order to add land use classifications and regulations for transitional and supportive housing as required by State law, streamline the review process for large family day care homes and multiple permit applications, amend the permit requirements and review criteria for projects that provide parking in excess of the parking requirement, and to make minor technical or procedural corrections on policies related to residential fences, minor exceptions, site visibility triangle, and design review findings by amending Concord Municipal Code Title 18 (Development Code), Chapter 18.20 (General Terms), 18.30 (Residential Districts), 18.150 (General Development Standards), 18.160 (Parking, Loading and Access), 18.200 (Standards for Specific Uses), 19.405 (Permit Application Filing and Processing), 18.415 (Design and Site Review), and the land use tables for all zoning districts, by reading of the title only and waiving further reading. Report by Frank Abejo, Principal Planner.

      Pursuant to the California Environmental Quality Act (CEQA), the Amendment does not constitute a "project" within the meaning of Public Resources Code Section 21054, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 and is exempt under Section 15061(b)(3).
    2. Considering - introduction of Ordinance No. 17-6 amending the Concord Municipal Code by adopting a text amendment to the Development Code Sections 18.160.050 and 18.160.060 to clarify the review process and programs for parking in-lieu fees by reading of the title only and waiving further reading; considering an increase in Parking In-Lieu fee to $25,000 (Resolution No. 17-6042.2, Item 11.c) Report by Michael Cass, Principal Planner.

      Pursuant to the California Environmental Quality Act (CEQA), the text amendment and proposed parking in-lieu fee increase does not constitute a "project" within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c), or 15378, and is exempt from CEQA pursuant to Section 15061(b)(3).
    3. Considering - updates to the City's Master Fees and Charges Schedule by adoption of Resolution No. 17-6042.2 amending Exhibit A to Resolution No. 78-6042 establishing fees and charges for various municipal services in the City of Concord. Report by Karan Reid, Director of Finance.

      These updates do not constitute a "project" within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2) or (3), or 15378, and are exempt from CEQA pursuant to Section 15061(b)(3).

    Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
    1. March 21, 2017, letter to Governor Brown on the need for literacy investment augmentation
    2. March 24, 2017, letter to California State Senator Skinner in opposition to SB 649 (Hueso) Wireless Telecommunications Facilities
    3. March 24, 2017, letter to Assemblymember Grayson in support of AB 1 (Frazier) Transportation Funding
    4. March 24, 2017, letter to Assemblymember Cooper in support of AB 1326 (Cooper) Theft, Aggregate Valuation

    Closed Session Announcements
    City Manager or Staff Reports
    Council Reports


Next Meeting: Regular Meeting
Date: 4/11/2017 - 6:30 p.m.

ADA NOTICE AND HEARING IMPAIRED PROVISIONS - The Council Chamber is equipped with a T-Coil Hearing Loop. This system allows "T" coil reception of the audio proceedings. Please switch your hearing aid or cochlear device to the "T", "T" Coil or telephone position. If you would like better audio reception, a loop receiver that picks up the audio loop is available from the City Clerk.

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) 671-3031, 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.

Committee Chair/Member Meeting Time
Policy Development & Internal Operations Hoffmeister/Birsan 2nd Wednesday at 6:00 pm
Housing & Economic Development Leone/Obringer 4th Monday at 5:30 pm
Infrastructure & Franchise Birsan/Hoffmeister 2nd Monday at 6:00 pm
Recreation, Cultural Affairs & Community Services Obringer/McGallian 3rd Wednesday at 5:30 pm
Youth & Education McGallian/Leone 3rd Monday at 5:30 pm
City of Concord CA