City Council Special Meeting, Closed Session - 4:00 PM & City Council Regular Meeting - 6:00 PM Tuesday, May 17, 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 June 7, 2022.
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 4:00 PM
1. OPENING AND PUBLIC COMMUNICATIONS
Council Chamber, 1st Floor/3rd Floor Conference Room, 3rd Floor 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. No public comments were received regarding the Closed Session item and the City Council reconvened in the 3rd Floor Conference Room for the Closed Session discussion.
2. CLOSED SESSION (not on video)
The City Council reconvened in closed session in the 3rd Floor Conference Room pursuant to:
a.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code section 54957)
Title: City Attorney
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:15 p.m. _____________________________________________________________________________________________________________________________________ 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 attendance.
c.
PRESENTATION: Contra Costa Transportation Authority
d.
PROCLAMATION: Public Works Week
e.
PROCLAMATION: Peace Officers Memorial Day & National Police Week f.
PROCLAMATION: Mental Health Awareness Month
g.
PROCLAMATION: Asian Pacific American Heritage Month
2. CONSENT CALENDAR
Councilmember Wilk pulled Item 2e from the Consent Calendar. No oral or remote public comments were received for items on the Consent Calendar.
Motion by Haskew, second by Mayor Pro Tem Silva,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-2d and 2f-2l as follows:
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois. a.
APPROVED CITY COUNCIL MINUTES of May 3, 2022, as provided in their revised format.
Meeting Minutes - MAY 3 2022
Addendum - Meeting Minutes - May 3 2022
b.
ACCEPTED WARRANT REGISTERS dated April 29, 2022 and May 6, 2022 and DIRECT PAYROLL TRANSFERS dated May 6, 2022.
Warrant Registers
c.
WAIVED READING AND ADOPTED ORDINANCE NO. 2217 altering the method and basis of levying the assessments in the Walnut Creek Downtown Business Improvement District and the South Business Improvement District, amending Chapter 7 of Title 8 of the Walnut Creek Municipal Code (introduced April 19, 2022 and Public Hearing held May 3, 2022).
Agenda Report
ATTACHMENT 1 - WCD BID MODIFICATION LETTER
ATTACHMENT 2 - DRAFT ORDINANCE
d.
ADOPTED RESOLUTION NO. 22-21 regarding review of the City's Conflict of Interest Code for 2022.
Agenda Report
ATTACHMENT - PROPOSED RESOLUTION
f.
ADOPTED RESOLUTION NO. 22-22 approving the Salary and Wage Plan dated and effective as of May 29, 2022.
Agenda Report
ATTACHMENT - DRAFT RESOLUTION
EXHIBIT A - SALARY AND WAGE PLAN DATED AND EFFECTIVE AS OF MAY 29, 2022 g.
ADOPTED RESOLUTION NO. 22-23 for projects proposed for Fiscal Year 2022-2023 funded by SB 1: The Road Repair and Accountability Act of 2017.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - PROJECT WORKSHEETS
h.
ACCEPTED THE Fiscal Year 2022 3rd Quarter Budget Update Report.
Agenda Report
i.
AUITHORIZED THE CITY MANAGER to execute a consultant services agreement with Nichols Consulting Engineers (NCE) for $220,700 to provide pavement and civil engineering design services for the South Main Street Rehabilitation project.
Agenda Report
ATTACHMENT - NICHOLS CONSULTING ENGINEERS TASK ORDER NO. 6 j.
AUTHORIZED THE CITY MANAGER to execute a consultant services agreement with Nichols Consulting Engineers (NCE) for $123,600 to provide pavement and civil engineering design services for the Locust and Bonanza Street Rehabilitation project.
Agenda Report
ATTACHMENT - NICHOLS CONSULTING ENGINEERS TASK ORDER NO. 7 k.
AUTHORIZED THE CITY MANAGER to execute a consultant services agreement with Quincy Engineering for $221,558 to provide civil engineering design services for the Ygnacio Valley Road Rehabilitation project.
Agenda Report
ATTACHMENT - QUINCY ENGINEERING SCOPE OF WORK
l.
ACCEPTED THE March 2022 Investment and Section 115 Pension Trust Report.
Agenda Report
ATTACHMENT 1 - MARCH 2022 INVESTMENT DETAIL REPORT
ATTACHMENT 2 - MARCH 2022 SUPPLEMENTARY INFORMATION BY INVESTMENT TYPE ATTACHMENT 3 - MARCH 2022 WALNUT CREEK SECTION 115 PENSION TRUST STATEMENT ATTACHMENT 4 - MARCH 2022_Q1_PFM ECONOMIC OVERVIEW
e.
ADOPTION OF RESOLUTION declaring the month of June 2022 LGBTQ+ Pride Month and directing staff to fly the Rainbow Pride Flag throughout the month of June 2022 at Walnut Creek City Hall.
Mayor Wilk pulled Consent Calendar Item 2e to provide comments.
Motion by Wilk, second by Mayor Francois,
carried unanimously
, to ADOPT RESOLUTION NO. 22-24 declaring the month of June 2022 LGBTQ+ Pride Month and directing staff to fly the Rainbow Pride Flag throughout the month of June 2022 at Walnut Creek City Hall.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT - PRIDE RESOLUTION
3. PUBLIC COMMUNICATIONS
Remote public comments were received from Barbara G.
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - Mayor Francois reported that the City Council held a closed session to discuss the performance evaluation of City Attorney Steve Mattas. He stated that the City Council is pleased with the performance of City Attorney Mattas and that the City Attorney’s performance evaluation met the satisfactory evaluation standard in the Meyers Nave professional services agreement. b.
City Manager reports - City Manager Dan Buckshi announced that Rossmoor held an evacuation drill and introduced Erika Vandenbrande as the new Community Development Director. 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 attendees since the last meeting; and made comments on issues of concern.
5. PUBLIC HEARING
a.
CONDUCT PUBLIC HEARING AND ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK ADDING CHAPTER 8 (SINGLE-USE FOODWARE ACCESSORIES AND CONDIMENTS) TO TITLE 5 (SANITATION AND HEALTH) OF THE WALNUT CREEK MUNICIPAL CODE ADOPTING BY REFERENCE CHAPTER 5.2 (COMMENCING WITH SECTION 42270) OF PART 3 OF DIVISION 30 OF THE PUBLIC RESOURCES CODE PROHIBITING A FOOD FACILITY FROM PROVIDING ANY SINGLE-USE FOODWARE ACCESSORY OR STANDARD CONDIMENT UNLESS REQUESTED BY CONSUMER AND AUTHORIZING CITY AND COUNTY ENFORCEMENT AND PENALTIES Administrative Analyst II Emlyn Struthers presented the agenda report. She reported that on October 5, 2021, Governor Newsom signed AB 1276 (Carillo) into law to prohibit a food facility from providing any single-use foodware accessory or standard condiment to a consumer unless requested by the consumer. AB 1276, requires cities to authorize an enforcement agency to enforce the law. Administrative Analyst II Struthers reported that in order to comply with the new law, the City may adopt the law by reference, naming the City and County as the enforcement agency.
Mayor Francois opened the item for public comment, hearing no comment, he closed the public comment period.
Motion by Darling, second by Wilk,
carried unanimously
, to WAIVE READING AND ADOPT ORDINANCE NO. 2218 adding Chapter 8 (Single-Use Foodware Accessories and Condiments) to Title 5 (Sanitation and Health) of the Walnut Creek Municipal Code to adopt by reference Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the California Public Resources Code prohibiting a food facility from providing any single-use foodware accessory or standard condiment unless requested by consumer and authorizing City and County enforcement and penalties.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - PUBLIC RESOURCES CODE
ATTACHMENT 2 - PROPOSED ORDINANCE
b.
ADOPT RESOLUTIONS CONFIRMING ASSESSMENT REPORTS AND ANNUAL LEVY OF ASSESSMENTS FOR THE DOWNTOWN WALNUT CREEK BUSINESS IMPROVEMENT DISTRICT AND THE DOWNTOWN WALNUT CREEK SOUTH BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2022-2023 Economic Development Manager Collette Hanna presented the agenda report. She reported that the City established the Downtown Walnut Creek Business Improvement District (BID) and the Downtown Walnut Creek South Business Improvement District (SBID) and that the districts require an annual review by City Council and yearly confirmation of the assessments. Economic Development Manager Hanna noted that at this meeting, the City Council is holding a public hearing, may make any desired modifications to the Annual Assessment Reports and may then adopt Resolutions confirming the assessment reports and levying the FY 2022-23 annual assessments for both the BID and SBID.
Mayor Francois opened the item for public comment, hearing no comment, he closed the public comment period.
Motion by Mayor Pro Tem Silva, second by Haskew,
carried unanimously
, to ADOPT RESOLUTION NO. 22-25 confirming the assessment report of the Downtown Walnut Creek Business Improvement District and levying an assessment for Fiscal Year 2022-23 and to ADOPT RESOLUTION NO. 22-26 confirming the assessment report of the Downtown Walnut Creek South Business Improvement District and levying an assessment for Fiscal Year 2022-23 YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - ANNUAL BID REPORT 21-23
ATTACHMENT 2 - ANNUAL SBID REPORT 21-23
ATTACHMENT 3 - DRAFT BID RESOLUTION 22-23
ATTACHMENT 4 - DRAFT SBID RESOLUTION 22-23
ATTACHMENT 5 - WCD BALANCE SHEET
ATTACHMENT 6 - WCD PROFIT AND LOSS
c.
ADOPT RESOLUTION CONFIRMING ASSESSMENT REPORT AND ANNUAL LEVY OF ASSESSMENTS FOR THE WALNUT CREEK TOURISM BUSINESS IMRPROVEMENT DISTRICT (TBID) FOR FISCAL YEAR 2022-2023 Mayor Francois explained the process for the Public Hearing. Economic Development Project Manager Angela Tsui introduced the item. She reported that the City established the Walnut Creek Tourism Business Improvement District (TBID) with the purpose of promoting tourism within the City by funding activities through a levy of assessments upon the hotels that will benefit from those activities. The District requires an annual review by City Council and a yearly approval of the assessment. Economic Development Project Manager Tsui reported that the holding of this Public Hearing and adoption of a resolution is the final step in the annual process.
Nicole Hankton, Walnut Creek Chamber of Commerce and Visitors Bureau, provided additional detials.
Mayor Francois opened the item for public comment. Mayor Francois stated written protests must be received by the City Clerk at or before the time fixed for the public hearing and invited anyone with an undelivered written protest to present it to the City Clerk immediately as no further written protests would be accepted. City Clerk Suzie Martinez confirmed that no bid protests had been received; and therefore, the City Council could proceed to take action. There being no one to speak to the item, Mayor Francois closed the public hearing.
Motion by Darling, second by Mayor Pro Tem Silva,
carried unanimously
, to ADOPT RESOLUTION NO. 22-27 confirming the assessment report for the Walnut Creek Tourism Business Improvement District and levying an assessment for Fiscal Year 2022-2023.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - ASSESSMENT REPORT
ATTACHMENT 2 - DRAFT RESOLUTION
d.
CONSIDERATION OF URGENCY ORDINANCE PERTAINING TO CONTINUATION OF THE REBOUND PROGRAM Senior Planner Jeanine Cavalli presented the agenda report. She reported that in response to the COVID-19 pandemic, the City established the Rebound Program on May 21, 2020 in order to assist businesses desiring to operate outdoors. While the Rebound Program may remain in place throughout the entirety of the local Emergency Proclamation, the City has implemented the program in intervals of approximately 6 months since its inception. Senior Planner Cavalli stated that while the City works on the adoption of a Permanent Outdoor Dining Program, the City may choose to continue to allow temporary outdoor dining and retail display by continuing the Rebound Program through June 2023 through the adoption of an urgency ordinance.
Mayor Francois opened the item for public comment, hearing no comment, he closed the public comment period. Written public comments were received and provided to the City Council, and posted online as part of the meeting record.
Motion by Wilk, second by Haskew,
carried unanimously
, to WAIVE READING AND ADOPT URGENCY ORDINANCE NO. 2219 continuing the Rebound Program, temporarily suspending and adding certain requirements and authorities under the Walnut Creek Municipal Code, including requirements pertaining to parking, signs, and curbside pickup zones, and temporarily vesting certain authorities in the City Manager to allow for implementing an administrative citation and fine structure to enforce Rebound Program Guidelines.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - URGENCY ORDINANCE
ATTACHMENT 2 - SUMMARY OF REBOUND STRATEGIES
Addendum - Public Comment Prior to Meeting
The meeting was recessed from 7:50 p.m. to 8:00 p.m.
6. CONSIDERATION
a.
CITY COUNCIL 2021-2022 PRIORITIES UPDATE
Deputy City Manager Carla Hansen presented the agenda report. She reported that on March 25, 2021, the City Council identified five strategic priorities for the City for the next two calendar years (2021-2022). She presented an update on work completed or in process for each priority at this meeting.
Mayor Francois opened the item for public comment, hearing no comment, he closed the public comment period. Written public comments were received and provided to the City Council, and posted online as part of the meeting record.
Motion by Haskew, second by Wilk,
carried unanimously
, to RECEIVE the 2021-2022 City Council Priorities Update.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - 2021-2022 CITY COUNCIL PRIORITIES
ATTACHMENT 2 - CITY COUNCIL PRIORITIES WORK PLAN PROGRESS REPORT Addendum - Public Comment Prior to Meeting
7. ADJOURNMENT OF THE REGULAR MEETING OF THE CITY COUNCIL at 8:43 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