COUNCIL MEMBERS
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
www.cityofconcord.org

City of Concord California

Regular Meeting of the Concord City Council/City Council Sitting as the Local Reuse Authority



Tuesday, April 25, 2017
6:00 p.m. Closed Session. City Council Conference Room. 1950 Parkside Drive
6:30 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.


CLOSED SESSION

  1. OPENING
    Roll Call
  2. PUBLIC COMMENT

  3. CLOSED SESSION
    1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.
      Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One potential case.
    2. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6.
      Agency designated representatives: Valerie Barone, City Manager; Guy Swanger, Chief of Police; Nicholas Gartner, Police Lieutenant; Elia Bamberger, Director of Human Resources
      Employee organization: Concord Police Officers Association

  4. RECESS TO OPEN SESSION

  5. OPENING
    Roll Call
    Pledge to the Flag - Councilmember McGallian

  6. 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.

  7. PRESENTATIONS
    1. Presentation - to Shannon Griffin, Recreation and Special Events Program Coordinator, proclaiming April 28, 2017, as "Arbor Day" in the City of Concord. Introduction by Mayor Hoffmeister.
    2. Presentation - by John Montagh, Economic Development Manager, of awards received for the City's Economic Development video and creative advertisement marketing campaigns. Introduction by Mayor Hoffmeister.
    3. Presentation - by Joe Fernandez, Head PGA Professional and Director of Golf, on activities at the Diablo Creek Golf Course. Introduction by Steve Voorhies, Director of Parks and Recreation.

  8. ANNOUNCEMENTS

  9. 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 - approval of the meeting minutes from the meeting of March 28, 2017. Recommended by the City Clerk.
    2. Considering - adoption of Ordinance no. 17-3 entitled, "AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE TITLE 15 (BUILDINGS AND BUILDING REGULATIONS) CHAPTER 15.65 (FIRE CODE) ADOPTING THE 2016 CALIFORNIA FIRE CODE AND RATIFYING THE AMENDMENTS CONTAINED IN COUNTY ORDINANCE NO. 2016-23." Ordinance No. 17-3 was introduced on March 28, 2017. Recommended by the City Clerk.
    3. Considering - adoption of Ordinance No. 17-4 entitled, "AN ORDINANCE REAUTHORIZING THE CITY'S PUBLIC EDUCATIONAL AND GOVERNMENT (PEG) FEES BY AMENDING CONCORD MUNICIPAL CODE TITLE 5 (BUSINESS LICENSES AND REGULATIONS), CHAPTER 5.30 (CABLE COMMUNICATIONS SYSTEMS), SECTION 5.30.180 (STATE VIDEO FRANCHISE AND PEG FEES) BY ADDING SECTION 5.30.810(d) (REAUTHORIZATION). Ordinance No. 17-4 was introduced on March 28, 2017. Recommended by the City Clerk.

      The Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Code of Regulations CEQA Guidelines Section 15061(b)(3) in that there is no possibility it may have significant effects on the environment.
    4. Considering - adoption of Ordinance No. 17-5 entitled, "AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE TITLE 18 (DEVELOPMENT CODE), CHAPTERS 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), 18.405 (PERMIT APPLICATION FILING AND PROCESSING), 18.415 (DESIGN AND SITE REVIEW), 18.425 (MINOR EXCEPTIONS) AND THE LAND USE TABLES FOR ALL ZONING DISTRICTS." Ordinance No. 17-5 was introduced on April 4, 2017. Recommended by the City Clerk.

      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).
    5. Considering - adoption of Resolution No. 17-25 authorizing the sale of 16,344 square feet of vacant contiguous properties owned by the City of Concord located at the southern end of Commerce Avenue to CBC Properties for an appraised value of $407,000 and authorizing the Mayor to execute all documents needed to complete the transaction in a form acceptable to the City Attorney; and appropriating the revenue to be used for the maintenance and repair of Commerce Avenue, Project No. 2085. Recommended by the Director of Community and Economic Development.

      The sale of these properties is a Categorically Exempt action pursuant to the California Environmental Quality Act (CEQA) Guidelines, Title 14, Chapter 3 of the California Code of Regulations, including under CEQA Guidelines Sections 15061(b)(3) and 15405(a) (Class 5, Minor Alterations in Land Use Limitations.)
    6. Considering - Award of Contract for On-Call Sewer Repair Services in the amount of $176,720 to Overmiller Inc. dba Roto Rooter Sewer Service, with the option to extend the contract two (2) additional one (1) year periods, and authorizing the City Manager to execute the contract in a form acceptable to the City Attorney. (Sewer Enterprise Fund) 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, 15302 – Replacement or Reconstruction, and 15304 – Minor Alterations to Land because it involves the repair and replacement of the existing sewer collection system and related installation work.
    7. Considering - approval of an Agreement for Professional Services with SWCA Environmental Consultants in the amount of $279,317.80 to provide environmental consulting services in connection with the preparation of the Concord Reuse Project – Specific Plan and related environmental documents, subject to approval of the City Attorney; and authorizing the City Manager to execute the Agreement. (Agreement to be funded by Master Developer for the Concord Reuse Project) Recommended by the Director of Community Reuse Planning.


  10. CITY COUNCIL PUBLIC HEARING
    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. 17-6 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; and considering an increase of Parking In-Lieu fee to $25,000 (Resolution No. 17-6042.2; Item No. 10.b) This item was continued from April 4, 2017. 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).
    2. 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. This item was continued from April 4, 2017. Report by Karan Reid, Director of Finance.

      These updates do not constitute a “project” within the meaning of Public Resources Code Section 20165, 14 Cal Code Reg. Sections 15060(c)(2) or (3), or 15378, and are exempt from CEQA pursuant to Section 15061(b)(3).
    3. Considering - adoption of Resolution No. 17-39 approving the Purchase and Sale Agreement with DG Concord LLC for City owned property located at 1701/1711 Concord Avenue (APN 112-101-022); and authorizing the Mayor to execute all documents needed to complete the transaction in a from acceptable to the City Attorney. Report by John Montagh, Economic Development Manager.

      Approving the Purchase and Sale Agreement is not a "Project" under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21065 and CEQA Guidelines Sections 15060 (c) or 15378.
    4. Considering - adoption of Resolution No. 17-24 approving the Purchase and Sale Agreement with TDI Auto Group Inc. for City owned properties located at 1880 Market Street, APN 126-291-021 and APN 126-291-010 and authorizing the Mayor to execute all documents needed to complete the transaction in a form acceptable to the City Attorney. Report by John Montagh, Economic Development Manager.

      Approving the Purchase and Sale Agreement is not a "Project" under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21065 and CEQA Guidelines Sections 15060 (c) or 15378.


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

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

  13. ADJOURNMENT

Next Meeting: Regular Meeting
Date: 5/2/2017 - 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.

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 Thursday 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