City Council Special Meeting, Closed Session - 5:00 PM and Regular Meeting - 6:00 PM Tuesday, March 15, 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 April 5, 2022.
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 5:00 PM Council Chamber, 1st Floor and Via Teleconference
1. OPENING AND PUBLIC COMMUNICATIONS
All Councilmembers were in attendance. Mayor Pro Tem Silva and Councilmember Wilk attended via teleconference. Mayor Francois reported that under California law, public comments at special meetings are limited to subjects on the agenda only. He opened the item for public comment; hearing no comment, he closed the public comment period. The City Council reconvened in the 3rd Floor Conference Room for the Closed Session discussion.
2. CLOSED SESSION
a.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: 3066 Naranja Drive, Walnut Creek, CA 94598
Agency negotiators: Jeff Schwob and Steve Mattas
Negotiating parties: City of Walnut Creek and Smith
Under negotiation: Terms Related to Property Interest
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:48 p.m. _____________________________________________________________________________________________________________________________________ CITY COUNCIL REGULAR MEETING AT 6:00 PM
Council Chamber, 1st Floor and Via Teleconference
1. OPENING
a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance. Mayor Pro Tem Silva and Councilmember Wilk attended via teleconference. c.
PROCLAMATION: American Red Cross Month
2. CONSENT CALENDAR
City Attorney Steve Mattas pulled Consent Calendar Item 2c to provide a brief report. Oral public comments were received on the Consent Calendar from: Jan Warren (2h) and Pete Bennett (2d).
Motion by Haskew, second by Darling,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a, 2b and 2d-2k as follows:
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois. a.
APPROVED CITY COUNCIL MINUTES of February 15, 2022 and March 1, 2022.
Meeting Minutes - February 15, 2021
Meeting Minutes - March 1, 2021
b.
ACCEPTED WARRANT REGISTERS dated February 18, 2022 and February 25, 2022 and DIRECT PAYROLL TRANSFERS dated February 25, 2022.
Warrant Registers
d.
ADOPTED RESOLUTION NO. 22-06 authorizing $2.1 million from Housing Funds 175 (Inclusionary Housing Fees) and 177 (Housing Successor Funds) to Resources for Community Development as a permanent affordable housing loan for predevelopment and development of a new mixed-used affordable housing development at 699 Ygnacio Valley Road; and APPROVED THE ALLOCATION of $500,000 from the In Lieu Underground Fee Fund as a reimbursement for the undergrounding of utilities adjacent to the property.
Agenda Report
ATTACHMENT 1 - CITY COUNCIL FUNDING RESOLUTION
ATTACHMENT 2 - RCD FUNDING REQUEST
e.
ADOPTED RESOLUTION NO. 22-07 requesting the Contra Costa County Flood Control and Water Conservation District maintain the City's Stormwater Utility Area (SUA) fee at $35 per Equivalent Runoff Unit (ERU) for FY 2022-2023; and APPROVAL OF the Clean Water program budget for FY 2022-2023.
Agenda Report
ATTACHMENT 1 - RESOLUTION
ATTACHMENT 2 - FY 22-23 CLAEN WATER BUDGET
f.
ADOPTED RESOLUTION NO. 22-08 of Intention to modify the assessment rates of the Downtown Walnut Creek Business Improvement District, setting the public meeting for April 19, 2022 and the public hearing for May 3, 2022; and ADOPTED RESOLUTION NO. 22-09 of Intention to modify the assessment rates for the Downtown Walnut Creek South Business Improvement District, setting the public meeting for April 19, 2022 and the public hearing for May 3, 2022.
Agenda Report
ATTACHMENT 1 - RESOLUTION OF INTENT BID WITH EXHIBITS A and B ATTACHMENT 2 - RESOLUTION OF INTENT SBID WITH EXHIBITS A and B ATTACHMENT 3 - PROPOSED BID-SBID ASSESSMENT INCREASE
g.
ADOPTED RESOLUTION NO. 22-10 approving the Salary and Wage Plan dated and effective as of December 26, 2021.
Agenda Report
ATTACHMENT - DRAFT RESOLUTION
EXHIBIT A TO ATTACHMENT
h.
ACCEPTED the 2021 Annual Progress Report on the status of the Housing Element program implementation and direct City staff to submit the document to the State Department of Housing and Community Development.
Agenda Report
ATTACHMENT - HOUSING ELEMENT ANNUAL PROGRESS REPORT
i.
AUTHORIZED THE CITY MANAGER to execute a Master Consultant Services Agreement and subsequent Task Order with Fehr & Peers to complete the Local Road Safety Plan in the amount of $115,000; and AUTHORIZED transfer of $35,000 from General Fund Traffic Engineering Budget to Capital Budget Work Order (CP100025).
Agenda Report
ATTACHMENT 1 - MASTER AGREEMENT
ATTACHMENT 2 - TASK ORDER NO 1
j.
AUTHORIZED THE CITY MANAGER to execute the proposed amendment to the MOU with the Diablo Regional Arts Association to spend up to $120,000 of the City's Shuttered Venue Operators Grant funding to secure artists for the 2022-23 season.
Agenda Report
ATTACHMENT - DRAA LETTER
k.
DIRECTED STAFF to schedule interviews with the four Central Contra Costa Transit Authority Advisory Committee applicants (Earl Dunivan; Edward Guerrero; Melanie Ladra; and Ian McLaughlin) for a Walnut Creek representative on April 5, 2022.
Agenda Report
c.
ADOPTION OF ORDINANCE adopting 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 (introduced on March 1, 2022).
City Attorney Mattas pulled Consent Calendar Item 2c to provide a brief report and to discuss a revised ordinance for the City Council’s consideration. A revised ordinance eliminating the noise provisions was provided at the meeting.
Oral public comments were received in-person from: James Cook; Don Blythe; Pete Bennett; and Sergio Raya. Remote public comments were received from: Rand Chritton; Gilda Gonzales, CEO Planned Parenthood California; Allison Aranda; Robin Poppino-Kuntz; and Ogie Strogatz.
Motion by Darling, second by Haskew,
carried unanimously
, to INTRODUCE AND WAIVE READING OF AN ORDINANCE adopting 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, as presented in its revised format at the meeting.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
DRAFT Ordinance
ADDENDUM - Amended Ordinance Presented at Dais
3. PUBLIC COMMUNICATIONS
Oral public comments were received in-person from: Jan Warren; Nicole Hsu; Mary Beth Moura; Erin Roeder; Pete Bennett; and Cian Sanchez. Remote public comments were received from: Annie Wright; Yvanna L.; Laurel Dobbin; Katie Brown-Davis; Anna Jurgens; Ann Ling; Barbara G.; and Cassidy.
Motion by Mayor Francois, second by Darling,
carried unanimously
, to AGENDIZE at a future City Council meeting a report on safe firearm storage including, state law status, options available to the City, enforcement options, and what other cities are doing.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - City Attorney Mattas stated no reportable action as a result of the Closed Session. In response to a public comment, he noted that liability associated with trails in the open space is governed by Government Code section 831.4 which offers an immunity for public agencies associated with public trails. b.
City Manager reports - City Manager Dan Buckshi provided an update on the A3 program - Anyone, Anywhere, Anytime Crisis Response Program. c.
City Councilmember reports on AB1234 Activities, Councilmember assignments and various activities and upcoming events Councilmember 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.
DOWNTOWN NEXT STUDY SESSION II
Assistant City Manager Teri Killgore introduced the item. She reported that on January 18, 2022, a study session was held with the City Council to review options for implementing permanent outdoor dining. Specifically, outdoor dining in public parking spaces (also known as pop-ups or on-street dining) as launched on a temporary basis through the Rebound Program was reviewed. The Council gave direction to proceed with outdoor dining on a permanent basis with a focus on maintaining safety and aesthetics.
Economic Development Manager discussed the item further. She reported that the implementation of permanent outdoor dining necessitates development of design alternatives for structures, while also enacting policies that will manage their use and the overall impacts on downtown. This is an iterative, phased process, with staff returning to Council with recommendations for implementation, ultimately resulting in a comprehensive outdoor dining policy. With the most recent input received at the January meeting, staff has created conceptual options for permanent outdoor dining structures - now referred to as PODS, including defining the appropriate use of the public right-of-way and managing impacts to non-restaurant businesses.
Economic Development Manager Hanna reported out on the five recommendations for permanent outdoor dining structures and the use of public space:
1. Mix-and-Match design approach with Customization option available after Mix-and-Match applications are complete.
2. Build only in front of the restaurant’s linear street frontage and build only rectangular structures.
3. Return Bonanza St. to a two-way street and follow frontage standards for structures.
4. Allow multiple patios (public, private, and on-street) but limit patio covers to only one.
5. Review and permitting of structures will be ministerial.
The meeting was recessed from 8:35 p.m. - 8:41 p.m.
Oral public comments were received in-person from: Pete Bennett; Joelle, Havana; Brian Hirahara, Walnut Creek Downtown; and Rola David, Brodericks. Remote public comments were received from Nate Pergamit.
The City Council was in agreement with four of the recommendations (Nos. 1, 2, 4 and 5) for permanent outdoor dining structures and the use of public space, but chose to revisit recommendation No. 3 at a later date. No formal action was taken. Assistant City Manager Killgore discussed next steps.
Agenda Report
ATTACHMENT - OUTDOOR DINING DESIGN OPTIONS
6. ADJOURNMENT OF THE CITY COUNCIL REGULAR MEETING at 9:14 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