City Council Regular Meeting - 6:00 PM
Tuesday, March 1, 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 March 15, 2022.
CITY COUNCIL REGULAR MEETING AT 6:00 PM
Council Chamber, 1st Floor
1. OPENING
a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attenance.
c.
OATH OF OFFICE TO NEWLY APPOINTED COMMISSIONERS:
* Jill Dresser, Arts Commission;
* Sarah Baltazar, Arts Commission;
* Philip John Newsom, Design Review Commission
* Jason Cooke, Park, Recreation and Open Space Commission * Pamela Nieting, Planning Commission
* Robert Rees, Transportation Commission
* Heather Wilkinson, Contra Costa County Library Commission (Alternate Member) * Bernie Mark, Board of Appeals (Alternate Member)
2. CONSENT CALENDAR
Remote public comments were received from Barbara G. Mayor Francois pulled Consent Calendar Item 2c.
Motion by Mayor Pro Tem Silva, second by Haskew,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-2b and 2d-2h as follows:
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois. a.
ACCEPTED WARRANT REGISTERS dated February 4, 2022 and February 11, 2022 and DIRECT PAYROLL TRANSFERS dated February 11, 2022.
Warrant Registers
b.
ADOPTED RESOLUTION NO. 22-04 terminating the emergency procurement actions for the storm drain repair work at 160 Del Monte Drive pursuant to Public Contract Code Section 22050.
Agenda Report
ATTACHMENT 1 - PROPOSED RESOLUTION
ATTACHMENT 2 - RESOLUTION 22-03
ATTACHMENT 3 - CONTRACT WITH KEREX
d.
AUTHORIZED THE CITY MANAGER to execute a license agreement with Seven Hills School for use of the parking area at the Heather Farm Park Equestrian Center for an initial term through August 4, 2024, and three mutual options for extension of one-year each, as provided in its amended format as presented at the meeting.
Agenda Report
ATTACHMENT - DRAFT LICENSE AGREEMENT
EXHIBIT A - PREMISES MAP
Addendum - Revised Attachment
e.
AUTHORIZED THE CITY MANAGER to enter into a capital lease with U.S. Bank in the amount of $53,429 from the Golf Course Enterprise Fund to purchase a new tractor and aerator to support necessary maintenance of the golf course.
Agenda Report
f.
AUTHORIZED THE CITY MANAGER to execute the amended agreement with the DeVos Institute of Arts Management for up to an additional $115,000 for the proposed additional scope of work related to the strategic plan for the Lesher Center for the Arts.
Agenda Report
ATTACHMENT - PROPOSED AMENDED CONTRACT WITH DEVOS INSTITUTE OF ARTS MANAGEMENT g.
TRANSFERRED FUNDS in the amount of $27,000 from the 2021-2022 Arts and Recreation operating budget to the Capital Budget to fund increased costs related to a kiln replacement project at Civic Park Studio E.
Agenda Report
h.
ACCEPTED the December 2021 Investment and IRS Section 115 Pension Trust Report.
Agenda Report
ATTACHMENT 1 - DECEMBER 31, 2021 INVESTMENT DETAIL REPORT ATTACHMENT 2 - DECEMBER 31, 2021 SUPPLEMENTARY INFORMATION BY INVESTMENT TYPE ATTACHMENT 3 - DECEMBER 31, 2021 WALNUT CREEK SECTION 115 PENSION TRUST STATEMENT ATTACHMENT 4 - DECEMBER 31, 2021 WALNUT CREEK SECTION 115 PENSION TRUST ECONOMIC OVERVIEW c.
AUTHORIZATION OF THE CITY MANAGER to execute operating agreement with the Lindsay Wildlife Museum (d/b/a Lindsay Wildlife Experience) for the premises at 1931 1st Avenue for an initial term of 30 years, and two options for extension of ten years each, for a period of up to 50 years.
Mayor Francois pulled Consent Calendar Item 2c to provide Lindsay Wildlife Museum Board President Janet Kozlowski an opportunity to provide some brief remarks.
Motion by Mayor Francois, second by Haskew,
carried unanimously
, to AUTHORIZE THE CITY MANAGER to execute a new lease agreement with the Lindsay Wildlife Museum (d/b/a Lindsay Wildlife Experience) for use of the City-owned building and premises at 1931 1st Avenue for an initial term of 30 years, and two options for extension of ten years each, for a total duration of up to 50 years, as provided in its amended format as presented at the meeting.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT - LEASE WITH LINDSAY WILDLIFE
EXHIBIT A - PREMISES MAP
EXHIBIT B - 2017 LETTER AGREEMENT RE ONBILL FINANCING
Addendum - Revised Attachments
City Attorney Steve Mattas noted for the record that the approval of Consent Calendar Items 2c and 2d included the amendments presented at the dais.
3. PUBLIC COMMUNICATIONS
Oral public comments were received in-person from: Pete Bennett; Eve Arsirova; Olga Zaychykova; Valentyna Butenko; Sergii Prokhorov; Yevhen Yaremenko; Oleksii Chuiko; Alexander C.; Dmytro Goliy; Svetlena Bratburd; Julia; Rostyslav Buchko; and Adena Verdi. Remote public comments were received from: Jim Frey and Barbara G. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
General Public Comment - Received Prior to Meeting
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - none.
b.
City Manager reports - none.
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.
FISCAL YEAR 2022 SECOND QUARTER BUDGET UPDATE AND CONSIDERATION OF RESOLUTION AMENDING THE FISCAL YEAR 2022 BUDGET Budget Manager Katie Bruner provided the agenda report. She reported that throughout the budget cycle, staff actively monitor actual revenues and expenditures and prepare status update reports to the Council at regular intervals. These updates provide staff with opportunities to advise Council on major budget trends (revenue and expenditure) and propose changes where necessary to meet ongoing service demands, or modifications related to economic or other factors. The report presented provided an update regarding the first six months of Fiscal Year 2022 (FY22).
Remote public comments were received from Barbara G.
Motion by Wilk, second by Darling,
carried unanimously
, to ADOPT RESOLUTION NO. 22-05 amending the FY22 budget to increase appropriations across various funds, as recommended by the Finance Committee.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - FY22 RECOMMENDED APPROPRIATION ADJUSTMENTS The meeting was recessed from 7:26 p.m. to 7:35 p.m.
6. PUBLIC HEARING
a.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK TO ADOPT TITLE 4 (PUBLIC WELFARE, MORALS, AND CONDUCT) CHAPTER 15 (ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES) OF THE WALNUT CREEK MUNICIPAL CODE TO PROHIBIT INDIVIDUALS FROM HARASSING, INTIMIDATING, OR OBSTRUCTING PERSONS SEEKING ACCESS TO A REPRODUCTIVE HEALTH CARE FACILITY AND EXCESSIVE NOISE WITHIN 100 FEET OF AN ENTRANCE TO A REPRODUCTIVE HEALTH CARE FACILITY - City Attorney Steve Mattas introduced the agenda item. Assistant City Attorney Alexandra Wolf provided the agenda report. She reported that on January 18, 2022 the City Council received a presentation from the City Attorney and Police Department on issues related to access of the Planned Parenthood facility in Walnut Creek and consideration of a potential buffer zone ordinance. At that meeting, the City Council directed staff to draft an ordinance that would create a "buffer zone" around reproductive health care facilities in Walnut Creek to allow for safe and unobstructed access to these facilities without interfering with the exercise of free speech rights of those engaged in protesting outside of reproductive health care facilities. An ordinance amending the Walnut Creek Municipal Code to add Chapter 15 (Access to Reproductive Health Care Facilities) of Title 4 (Public Welfare, Morals, and Conduct) to prohibit individuals from harassing, intimidating, or obstructing persons seeking access to a reproductive health care facility, and prohibit excessive noise within 100 feet of an entrance to a reproductive health care facility, was presented for consideration.
Oral public comments were received in-person from: Edward, Love Life; Alexander C.; Sophia; Natalie Hardt; Edward Case; Marie Osuna; Alex Chalco; Jenna S. Brandt Andersson; James Cook; and Don Blythe. Remote public comments were received from Robin Poppino-Kuntz; Judith Foley; Lori Day; Kim West; Ogie Strogatz; and Allison Aranda. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
Motion by Wilk, second by Darling,
carried unanimously
, to INTRODUCE AND WAIVE THE FIRST READING OF AN ORDINANCE amending the Walnut Creek Municipal Code to add Chapter 15 (Access to Reproductive Health Care Facilities) of Title 4 (Public Welfare, Morals, and Conduct) to prohibit individuals from harassing, intimidating, or obstructing persons seeking access to a reproductive health care facility, and prohibit excessive noise within 100 feet of an entrance to a reproductive health care facility.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT - DRAFT ORDINANCE
Addendum - Correspondence Received Prior to Meeting
Mayor Francois re-opened the general Public Communications period. Oral public comments were received in-person from James Cook.
7. ADJOURNMENT OF THE CITY COUNCIL REGULAR MEETING at 9:00 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