Printable Version of Concord City Council Agenda 
Printable version


REGULAR MEETING OF THE CONCORD CITY COUNCIL

Tuesday, February 26, 2013
6:30 p.m. - Regular Meeting
City Council Chamber
1950 Parkside Drive, Concord, CA




CITY COUNCIL
REGULAR MEETING
6:30 p.m. - City Council Chamber


ROLL CALL

PLEDGE TO THE FLAG - Councilmember Hoffmeister

PUBLIC COMMENT PERIOD

  1. PRESENTATIONS
    1. Presentation - on the impacts of copper wire thefts in the City of Concord. Report by Justin Ezell, Director of Public Works
  2. ANNOUNCEMENTS

    CITY COUNCIL MATTERS

  3. CITY COUNCIL CONSENT ITEMS:
    1. Approving - minutes for the meeting of February 5, 2013. (No Fiscal Impact) Recommended by City Clerk.
    2. Matter to set for hearing - Consideration of a City initiated amendment to the City's Development Code, Article II, Division 1, Section 122-57, "Prohibited Uses," barring outdoor cultivation of marijuana; and Article IX, Division 1, Section 122-1580, "Use Classifications," modifying the description of "Community Garden" and "Crop Production, Orchard, Vineyard" to exclude the cultivation of marijuana. (No Fiscal Impact) Recommended by City Attorney.
    3. Awarding - a construction contract for Project No. 2254 (Streetlight Pull Box and Wire Replacement Project - Crystyl Ranch Drive, BART Linear Park Pathway and Commercial Circle) to W. Bradley Electric Inc. of Novato in the amount of $174,900. (General Fund) Recommended by Director of Community and Economic Development.
    4. Awarding - a contract for an informal Request for Bid #2249 (Replacement of the Restroom Floor in the Civic Center in Wing D, to Mattei Construction of San Ramon as the lowest responsive bidder in the amount of $10,800. (Building Replacement Fund) Recommended by Director of Public Works.
    5. Approving - a right-of-way contract with NUCP Fund 1, LLC (Steven P. Thomas and David B. Sansone) approving the purchase and conveyance of a temporary construction easement for a property to accommodate the construction, operation, and maintenance of a bridge and roadway extension for Project No. 1761 (Commerce Avenue Extension) Resolution No. 13-11 for adoption. (Measure C Local and Measure C 1680) Recommended by Director of Community and Economic Development.
    6. Approving - the acceptance of grant funds in the amount of $68,695 from the Ted and Dr. Roberta Mann Foundation, appropriate the funds for downtown bicycle patrol services, adopt Resolution No. 13-8 amending the Fiscal Year 2013-14 budget to reflect the acceptance of the grant and its expenditure; and authorizing the City Manager to execute all required documents. (Grant Funds) Recommended by Chief of Police.
    7. Authorizing - the positions in the City authorized to make deposits and withdrawals from the Local Agency Investment Fund for the City's General, Retirement, Sewer Enterprise and Successor Agency to the Concord Redevelopment Agency investment accounts. Resolution No. 13-13 for adoption. (No Fiscal Impact) Recommended by Interim Director of Finance.
    8. Approving - the sole-source purchase from Crime Point of specialized surveillance equipment authorized on September 11, 2012; and authorize the City Manager to execute the required justification. (No Fiscal Impact) Recommended by Chief of Police.
  4. CITY COUNCILCONSIDERATION ITEMS:
    1. Consideration - of the appointment of two applicants to serve on the City's Design Review Board for a term ending February 28, 2017. (No Fiscal Impact) Report by Council Committee on Housing and Economic Development.

      Staff Recommendation: Appoint two applicants to serve on the City's Design Review Board for a four-year term ending February 28, 2017.
    2. Consideration - of the appointment of two applicants to serve on the City's Personnel Board for a term ending February 28, 2017. (No Fiscal Impact) Report by Council Committee on Policy Development and Internal Operations.

      Staff Recommendation: Appoint two applicants to serve on the City's Personnel Board for a four-year term ending February 28, 2017
    3. Consideration - of the appointment of three at-large members to serve with two members of the City Council, two members of the Planning Commission, two members of the Design Review Board, one member of the Chamber of Commerce and one member of the Todos Santos Business Association on the Downtown Specific Plan Ad Hoc Steering Committee, and confirming the composition of the Committee. (No Fiscal Impact) Report by Council Committee on Housing and Economic Development

      Staff Recommendation: Appoint three applicants to serve as at-large members on the City's Downtown Specific Plan Ad Hoc Steering Committee and confirm the composition of the Committee.
    4. Consideration - of the authorization, acceptance and appropriation of funds donated by Concord's New Car Dealerships for an auto branding and marketing campaign; and authorizing the City Manager to negotiate and enter into media contracts as are required, in a total amount not to exceed $108,000. Resolution No. 13-7 for adoption. (Outside Funds) Report by John Montagh, Housing and Economic Development Manager.

      Staff Recommendation: Hear the report, take public testimony, adopt Resolution No. 13-7 authorizing the collection, acceptance and appropriation of donated funds to an auto branding and marketing campaign; and authorizing the City Manager to enter into media contracts as required up to an amount not to exceed $108,000.
    5. Consideration - of the acceptance of the Comprehensive Annual Financial Report with Independent Auditors' Report for the fiscal year ending June 30, 2012 and the Memorandum on Internal Controls. (No Fiscal Impact) Report by Bill Zenoni, Interim Finance Director.

      Staff Recommendation: Hear the report, take public testimony, approve the Comprehensive Annual Financial Report with Independent Auditors' Report.
    6. Consideration - of a request by Councilmember Birsan for reconsideration of the action taken on February 5, 2013 on the proposed General Fund expenditure adjustment concerning the distribution of $500,000, and the authorization to split it equally between the closed City of Concord Retirement System (CCRS) liability and Other-Post Employment Benefits (OPEB) liability related to retiree medical costs. (No Fiscal Impact) Requested by Councilmember Birsan.

      Staff Recommendation: Consider the request for reconsideration and publicly vote to uphold the request which will be scheduled for the meeting of March 5, 2013.
    7. Declaring - an emergency at Camp Concord due to the theft of copper plumbing materials as provided for under Section 1102 of the Public Contract Code which, if not repaired expediently, will hinder the ability for the camp to open on May 4, 2013 thereby reducing season revenues; authorizing the award of a construction contract for Project 2256 (Camp Concord Bathhouse Restoration) without competitive solicitation of bids as allowed under Section 20168 and 22050 of the Public Contract Code, and authorizing the City Manager to execute the contract. Resolution No. 13-10 for adoption. (Anticipated Insurance Claim; General Fund) Report by Director of Community and Economic Development.

      Staff Recommendation: Hear the report, take public testimony, adopt Resolution No. 13-10 declaring an emergency at Camp Concord; authorize the award of a construction contract without competitive bid and authorize the City Manager to execute required contracts or agreements.
  5. 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.
    1. Letter dated January 31, 2013 from Mayor Helix to Assemblymember Tom Ammiano opposing AB 5 - Homelessness.
    2. Letter dated February 19, 2013 from Mayor Helix to Governor Edmond Brown thanking him for including library funding in the 2013-14 State Budget.
  6. CLOSED SESSION REPORTS
  7. COUNCIL AND STAFF REPORTS
  8. ADJOURNMENT

NEXT REGULAR CITY COUNCIL MEETING: 5:30 p.m.; Tuesday, March 5, 2013



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.

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: 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.

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
Website: www.cityofconcord.org
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.


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: DVDs of most City Council meetings are available for listening or viewing in the City Clerk's office and at the Concord Public Library. Copies of the DVDs may be purchased. Contact the Community Relations Manager at (925) 671-3272 for further information.

Televised Meetings: All meetings are broadcast live on Comcast channel 28, Astound Broadband channel 29, and AT&T U-Verse channel 99. The meeting is replayed on the Wednesday following the meeting at 8:00 a.m., 2:00 p.m. and 7:00 p.m. Replays are also broadcast on Thursday, Friday and Saturday. Please check the City website, http://www.cityofconcord.org/. about/citynews/tvlistings.pdf


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