4:00 PM - City Council Special Meeting Open & Closed Sessions & 6:00 PM Concurrent Regular Meetings: City Council and Public Facilities Financing Authority Tuesday, January 18, 2022
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
DARLING
HASKEW
WILK
mAYOR pRO tEM SILVA
mayor FRANCOIS
Meeting minutes were approved by the City Council on February 1, 2022.
CITY COUNCIL SPECIAL MEETINGS - OPEN AND CLOSED SESSIONS AT 4:00 PM Council Chamber, 1st Floor / 3rd Floor Conference Room
1. OPENING AND PUBLIC COMMUNICATIONS
All Councilmembers were in attendance. Mayor Francois reported that under California law, public comments at special meetings are limited to subjects on the agenda only. He invited public comment for Agenda Item 3 - Closed Session. He reported that public comments for Agenda Item 2 - Study Session, would be taken during the City Council consideration of the item. No public comments were received relating to Agenda Item 3 - Closed Session.
2. STUDY SESSION
a.
DOWNTOWN NEXT AND PERMANENT OUTDOOR DINING
Assistant City Manager Teri Killgore and Economic Development Manager Collette Hanna provided the staff presentation. Assistant City Manager Killgore stated that policies have been implemented during the pandemic that have resulted in a new energy in the downtown environment. Residents, visitors, and businesses alike have expressed support for the new downtown vibrancy. Based on City Council and community feedback, staff has launched an iterative, multi-step process called Downtown NEXT for exploring options for development of a design and policies for the overall downtown environment. She reported that staff is exploring options for making outdoor dining permanent, while maintaining parking availability, and considering changes in traffic circulation to further enhance the customer experience and support downtown businesses. Economic Development Manager Hanna shared with the Council the scenarios for outdoor dining structures and traffic circulation.
Remote public comments were received from: Kristin Lincoln, Love & Chocolate; Michael Berne; Kathy Hemmenway, Walnut Creek Downtown; Brian Hirahara, BH Development; and Jim Telford, Residual Sugar.
By consensus, the City Council agreed to further pursue in the design process, Option B, Structures with Roof and Option C, Structures with No Roof in regards to outdoor dining structures. In regards to Traffic Circulation, the Council was in agreement with circulation scenario Alternative 1, As-is -- traffic circulation would remain in its current "Rebound" configuration, which includes a short street closure on Lincoln Avenue and one-way eastbound street configuration on Bonanza Street.
Agenda Report
ATTACHMENT 1 - DOWNTOWN COMMUNITY SURVEY APRIL 2021
ATTACHMENT 2 - DOWNTOWN NEXT BUSINESS SURVEY RESULTS AUGUST 2021 At the conclusion of the Study Session at approximately 5:19 p.m., the City Council reconvened to the 3rd Floor Conference Room for the Closed Session discussion.
3. CLOSED SESSION (not on video)
The City Council reconvened in closed session in the 3rd Floor Conference Room pursuant to:
a.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code section 54956.9(d)(1))
Cooley v. City of Walnut Creek, United States District Court, Northern District of California, Case No. 4:18-cv-00719
4. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETINGS - OPEN AND CLOSED SESSIONS at 5:33 p.m. _____________________________________________________________________________________________________________________________________ CONCURRENT REGULAR MEETINGS: CITY COUNCIL AND PUBLIC FACILITIES FINANCING AUTHORITY AT 6:00 PM (video recording resumes here) Council Chamber, 1st Floor
1. OPENING
a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance.
c.
PRESENTATION: RecycleSmart – SB1383 (Organics Recycling)
2. CONSENT CALENDAR
Councilmember Wilk pulled Consent Calendar 2i. Remote public comment was received from Carol Weed in regards to Consent Calendar Item 2c.
Motion by Mayor Pro Tem Silva, second by Haskew,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-2h and 2j-2k as follows:
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois. a.
APPROVED CITY COUNCIL MINUTES of December 21, 2021 (see Public Facilities Financing Authority minutes for action on the January 19, 2021 PFFA minutes).
Draft Meeting Minutes - DEC 21 2021
Draft PFFA Meeting Minutes - JAN 19 2021
b.
ACCEPTED WARRANT REGISTERS dated December 10, 2021 and December 17, 2021 and DIRECT PAYROLL TRANSFERS dated December 17, 2021.
Warrant Registers
c.
ADOPTED RESOLUTION NO. 22-01 adopting the 2022 City of Walnut Creek Investment Policy.
Agenda Report
ATTACHMENT - DRAFT RESOLUTION
EXHIBIT A - INVESTMENT POLICY
d.
ADOPTED RESOLUTION NO. 22-02 authorizing the City Manager to execute a public works construction agreement with Buhler Commercial Construction for the installation of fall protection measures at Lesher Center, for an amount not to exceed $212,500 (inclusive of contingency), pursuant to Public Contract Code Section 22034(D).
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - PUBLIC WORKS AGREEMENT
e.
AUTHORIZED THE CITY MANAGER to execute a consultant service agreement with Harrison Engineering, Inc. for $144,000 to provide design services for the Walnut Boulevard Safe Routes to School project between Fraser Drive and Kevin Court.
Agenda Report
ATTACHMENT - DESIGN PROPOSAL
f.
AUTHORIZED THE CITY MANAGER to execute Amendment No. 3 to Task Order No. 7 with Harrison Engineering Inc. for $163,000 to provide Contra Costa County Sanitary District (CCCSD) Sanitary Sewer System and Service Lateral Relocation Design services for the Walker-Homestead Storm Drain System project.
Agenda Report
ATTACHMENT - AMENDMENT NO 3 - CCCSD DESIGN SPECS
g.
AUTHORIZED THE CITY MANAGER to enter into an agreement for the Dynamic Parking Guidance System with Frogparking, Inc. and allocate funds from Work Order CP9884 for upgrading parking sensor network equipment to 4G cellular service, with an estimated fee of $29,522, including contingency and reserve not to exceed $5,905, for an authorized total of $35,427.
Agenda Report
ATTACHMENT - DRAFT QUOTE
h.
AUTHORIZED THE CITY MANAGER to execute a new agreement with the Walnut Creek Historical Society for the operations and maintenance of the Penniman House and adjacent grounds for an initial term of five (5) years, with three (3) options for extension of the Penniman House and adjacent grounds for an initial term of five years, with three options for extension of three years each, for a total agreement term of fourteen years.
Agenda Report
ATTACHMENT - AGREEMENT
j.
ACCEPTED THE 2021 commission attendance reports.
Agenda Report
ATTACHMENT - ATTENDANCE REPORTS
k.
APPROVED AND ISSUED REPORT on measures taken to alleviate the conditions which led to the adoption of Ordinance No. 2212 pertaining to the regulation of second dwellings and urban lot splits in single-family residential zoning districts.
Agenda Report
ATTACHMENT 1 - ORDINANCE 2212
ATTACHMENT 2 - REPORT TO BE ISSUED BY CITY COUNCIL
i.
AUTHORIZATION OF THE CITY MANAGER to approve a Master Consulting Services Agreement with Nickels Group in the amount not to exceed $750,000, and a task order for the first phase of Boundary Oak Golf Course driving range design at $255,893.
Councilmember Wilk pulled Consent Calendar Item 2i to ask clarifying questions of staff.
Motion by Mayor Pro Tem Silva, second by Haskew,
carried
, to AUTHORIZE THE CITY MANAGER to approve a Master Consulting Services Agreement with Nickels Group in the amount not to exceed $750,000, and a task order for the first phase of Boundary Oak Golf Course driving range design at $255,893.
YEAS:
Darling, Haskew, Mayor Pro Tem Silva.
NOES:
Wilk, Mayor Francois.
Agenda Report
ATTACHMENT 1 - MASTER AGREEMENT
ATTACHMENT 2 - TASK ORDER NO. 1
EXHIBIT A TO ATTACHMENT 2
EXHIBIT B TO ATTACHMENT 2
3. PUBLIC COMMUNICATIONS
Mayor Francois opened the item for general public comments. Oral public comments were received in-person from Pete Bennett; Jan Warren; Marc Joffee; and Denise Kalm. Remote public comments were received from Lisa Jackson, 350 Contra Costa; Barbara G.; Carol Weed; Bob Joe; and Gary Farber. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
Addendum - Public Comments Received
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - City Attorney Steve Mattas reported that there was no reportable action as a result of the closed session. b.
City Manager reports - City Manager Dan Buckshi provided an update regarding the behavioral health crisis response program. c.
City Councilmember reports on AB1234 Activities, Councilmember assignments and various activities and upcoming events Councilmembers announced upcoming events, reported on meetings and other local events attended since the last meeting; and made comments on issues of concern.
5. CONSIDERATION
a.
REPORT REGARDING POTENTIAL BUFFER ZONE ORDINANCE AND ALTERNATIVE MEASURES RELATED TO PLANNED PARENTHOOD FACILITY IN WALNUT CREEK City Attorney Steve Mattas presented the agenda report. He reported that on October 5, 2021, the City Council received public comments requesting the adoption of a buffer zone ordinance applicable to the Planned Parenthood facility in Walnut Creek, to address concerns related to patient access of the reproductive health care facility. The City Council directed staff to present an analysis to the City Council regarding the potential adoption of a buffer zone ordinance. Also, on October 19, 2021, the City Council heard public comments from a group of pro-life advocates speaking against the consideration of a proposed buffer zone ordinance.
Mayor Francois opened the item for public comment. Oral public comments were received in-person from Karen Goldberg; Kim West; Tammi Cichowski; Don Blythe; Alex Chalco; James Cook; Cherise Khaund; Ogie Strogatz; Heidrun Held; Sophia; Dori; and Jan Warren. Remote public comments were received from Gilda Gonzales; Sierra; Ghila; Adina Zinn; Judith Foley; Deborah Carbone; Joanne Supersad; Mary Kay Melton; Lori Day; Gabriela Castelan. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
The meeting was recessed from 9:04 p.m. to 9:14 p.m.
Motion by Wilk, second by Darling,
carried unanimously
, to DIRECT STAFF to prepare and present for consideration at a future City Council meeting, a buffer zone ordinance applicable to the Planned Parenthood facility in Walnut Creek, to include an 8-foot buffer zone within 100-feet of an entrance, to address concerns related to access to the reproductive health care facility.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT - CORRESPONDENCE RECEIVED
Addendum - Public Comments Received
6. ADJOURNMENT OF THE CONCURRENT REGULAR MEETINGS OF THE CITY COUNCIL AND PUBLIC FACILITIES FINANCING AUTHORITY at 9:36 p.m. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Matt Francois
2021-22 Mayor of the City of Walnut Creek