Printable Version of Concord City Council Agenda
Printable version

City of Concord California


Tuesday, February 23, 2016
5:30 p.m. Closed Session
6:30 p.m. - Open Session
1950 Parkside Drive, Concord, CA


5:30 p.m. City Council Conference Room

  3. PUBLIC COMMENT (Open Session)
    1. Conference with Labor Negotiators pursuant to Government Code Section 54957.6.
      City Negotiators:
      Valerie Barone, City Manager
      Kay Winer, Interim Director of Human Resources - Negotiations

      Employee Organizations:
      Administrative, Technical & Clerical Representation Unit and Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856; Professional Representation Unit of OPEIU Local 29; Peace Officer Representation Unit of Concord Police Officers Association and Police Managerial Representation Unit of Police Management Association.

      Unrepresented Units:
      Executive, Management & Confidential Employees


6:30 p.m. City Council Chamber


PLEDGE TO THE FLAG - Councilmember Grayson


    1. Presentation - to outgoing Contra Costa Water District President and Board Member Joe Campbell. Introduction and Presentation by Mayor Hoffmeister.
    2. Presentation - by Mike Thomas, President and CAO, and Diana Camacho, Program Director, Community Benefits, on the John Muir Health Community Benefits Program. Introduction by Mayor Hoffmeister.


    1. Receiving - the Quarterly Treasurer's Report for the period October 1 - December 31, 2015. (No Fiscal Impact) Recommended by the City Treasurer.
    2. Approving - the minutes from the meetings of January 26 and February 2, 2016. (No Fiscal Impact) Recommended by the City Clerk.
    3. Accepting - the improvements for Centre Concord Movable Walls and Coverings, Project No. 2182, constructed by J-Walt Construction of Woodland; and direct the City Clerk to file a notice of completion. (Building Maintenance, Community Development Block Grant Funds and General Funds) Recommended by the Director of Community and Economic Development.
    4. Awarding - a construction contract in the amount of $253,940.40 (Base Bid plus Additive Bid 1 for Project No. 2325) to Rosas Brothers Construction to construct accessibility improvements at various locations; rejecting a bid protest submitted by Sposeto Engineering, Inc.; and authorizing the use of project contingency funds. (Measure J and Community Development Block Grant Funds) Recommended by the Director of Community and Economic Development. City Council Agenda February 23, 2016.
    5. Authorizing - the City Manager to enter into a three-year agreement with Pacific Coast Farmers' Market to continue operating a Certified Farmers' Market at Todos Santos Plaza. (No Fiscal Impact) Recommended by the Director of Community and Economic Development.
    6. Approving - Eighteen (18) Master Services Agreements for Various Products and Consultant Services for Information Technology Support. (No expenditures are authorized by these agreements) Recommended by the Director of Information Technology.
    1. City response to Investigative Report by Michael Jenkins regarding the Master Developer Selection process for the Concord Naval Weapons Station Project. Report by Guy Bjerke, Director of Community Reuse Planning.

      Staff recommendation: Hear the report; provide an opportunity for representatives of Lennar and Catellus to provide comments; take public testimony; receive the investigative report regarding the Concord Naval Weapons Station Project master developer selection process by Michael Jenkins; determine that Lennar Concord, LLC's violation of the Agreement to Negotiate does not merit disqualification from the selection process; respond to the Brown Act violation by directing staff to incorporate a recommendation in favor of Catellus in a new staff report; inform both Catellus and Lennar that the City intends to apply the ordinary meaning of the word "lobbying" in Section 11 of the Agreement to Negotiate and that campaign contributions fall within that meaning; commit as Councilmembers and Council to approach the master developer selection dispassionately, disregard previous history, proceed impartially, consider all public testimony, and adhere to a merit-based evaluation focused on the Term Sheets; direct staff to calendar a public meeting for selecting the Phase 1 Master Developer; move forward with advanced Brown Act training for the Council in an open and public meeting; direct the City Manager to schedule advanced Brown Act training for the Executive Team and key staff who support the City's Board and Commissions; and direct staff to provide updates to the Council and public on the status of the reuse of the Concord Naval Weapons Station on a regular basis.
    2. Authorizing - the Mayor to send cease and desist response letter under the Brown Act for inadvertent violation of Act on December 8, 2015. Report by Brian Libow, Interim City Attorney.

      Staff recommendation: Hear the report, take public testimony, and authorize the Mayor to send cease and desist response letter under the Brown Act for inadvertent violation of Act on December 8, 2015.
    1. Consideration - of an amendment to the Concord Municipal Code Title 18, Development Code, Chapter 18.170, Water Efficient Landscaping. Ordinance No. 16-1 for introduction. (Continued from January 23, 2016.).

      Staff has determined that the adoption of the proposed ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2), Section 15060(c)(3), Section 15268, and Section 15061(b)(3), in that 1) the amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment; 2) the proposal complies with a requirement of the State of California and not a project as defined in Section 15378; and 3) landscaping is typically a ministerial action associated with a building permit and deemed exempt from CEQA under Section 15268; and 4) the proposed amendment is covered by the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Report by Andrew Mogensen, Principal Planner.

      Staff recommendation: Hear the report, take public testimony and introduce Ordinance No. 16-1 by reading of the title only and waiving further readings.
    2. Consideration - of Resolution No. 16-10 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; Ordinance No. 16-425.1 Amending the Zoning Map from RS-7 (Single Family Residential) to RL (Residential Low Density); Resolution No. 16-8 adopting a tentative subdivision map, design review, minor exception, and tree removal based on findings for the Autumn Brook Residential Subdivision Rezoning, and approval of the street name "Autumn Brook Lane," for the Autumn Brook eight-lot, single family residential subdivision located at 1890 Risdon Road.

      Staff recommendation: Hear the report, take public testimony, adopt Resolution Nos. 16-10 and 16-8, approve the street name "Autumn Brook Lane," and introduce Ordinance No. 16-425.1 by reading of the title only and waiving further readings.
  6. 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 671-3390.

NEXT REGULAR CITY COUNCIL MEETING: 6:30 p.m., Tuesday, March 1, 2016.

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

Notice to Public

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

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.

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.

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 podium and in the Chamber foyer. Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins.

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 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) 671-3170, 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.

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.

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,


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