City Council Regular Meeting - 6:00 PM
Tuesday, June 7, 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 21, 2022.
CITY COUNCIL REGULAR MEETING AT 6:00 PM
Council Chamber, 1st Floor
OPENING
a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance.
c.
PROCLAMATION: Juneteenth
2. CONSENT CALENDAR
No oral or remote public comments were received for items on the Consent Calendar.
Motion by Mayor Pro Tem Silva, second by Haskew,
carried unanimously
, to APPROVE THE CONSENT CALENDAR as follows:
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois. a.
APPROVED CITY COUNCIL MINUTES of May 17, 2022.
Meeting Minutes - MAY 17 2022
b.
ACCEPTED WARRANT REGISTERS dated May 13, 2022 and May 20, 2022 and DIRECT PAYROLL TRANSFERS dated May 20, 2022.
Warrant Registers
c.
ADOPTED RESOLUTION NO. 22-28 requesting and consenting to consolidation of elections and setting the specifications of the election order for November 8, 2022.
Agenda Report
ATTACHMENT - RESOLUTION
d.
ADOPTED RESOLUTION NO. 22-29 amending the Fiscal Year 2023 budget to increase appropriations across various funds, authorizing the use of American Rescue Plan Act funds and amending the Master Fee Schedule.
Agenda Report
ATTACHMENT 1 - PROPOSED RESOLUTION AMENDING FY23 BUDGET AND MASTER FEE SCHEDULE ATTACHMENT 2 - FY23 BUDGET RECOMMENDED CHANGES
ATTACHMENT 3 - FY23 GENERAL FUND SUMMARY
ATTACHMENT 4 - FY22 FY23 AUTHORIZED POSITION SUMMARY
ATTACHMENT 5 - PROPOSED ADJUSTMENTS TO MASTER FEE SCHEDULE ATTACHMENT 6 - STAFF REPORT TO ARTS COMMISSION
e.
ADOPTED RESOLUTION NO. 22-30 authorizing City Manager to execute an updated City-County Animal Services Agreement with the Contra Costa County Animal Services Department, including the revised agreement as provided at the meeting and posted online.
A revised City-County Animal Services Agreement was provided for consideration. The revised document was provided to the City Council, distributed at the meeting and posted online as part of the meeting record.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - CURRENT CITY-COUNTY ANIMAL SERVICES AGREEMENT ATTACHMENT 3 - NEW CITY-COUNTY ANIMAL SERVICES AGREEMENT ATTACHMENT 4 - CONTRA COSTA ANIMAL SERVICES AGREEMENT FACT SHEET ATTACHMENT 5 - CONTRA COSTA ANIMAL SERVICES AGENCY SNAPSHOT Addendum - Revised Attachment 3
f.
AWARDED CONTRACT 22-01, the Lennon Lane and North Via Monte Pavement Rehabilitation project to McGuire & Hester for a contract price of $1,119,753 with a contingency not-to-exceed $111,975 for an authorized total of $1,237,728.
Agenda Report
ATTACHMENT 1 - PROJECT LOCATION
ATTACHMENT 2 - BID EVALUATION FOR CONTRACT 22-01
g.
ACCEPTED WORK for Contract 20-29, the OBAG2 Ygnacio Valley Road Rehabilitation project as complete and TRANSFER OF FUNDS from CIP Work Order CP10014 to CIP Work Order CP9958 for future roadway construction projects.
Agenda Report
h.
AUTHORIZED THE CITY MANAGER to execute a purchase agreement with Vertosoft LLC for automation of the City's Annual Comprehensive Financial Report (ACFR) for a total not-to-exceed amount of $150,000.
Agenda Report
ATTACHMENT 1 - SCOPE OF WORK
i.
APPOINTED JANE EMANUEL to complete the unexpired term of Glynnis Cowdery on the Arts Commission for a term ending March 4, 2024.
Agenda Report
ATTACHMENT - ELIGIBILITY LIST
j.
APPROVED the replacement and installation of the orchestra shell at the Lesher Center for the Arts and AUTHORIZED THE CITY MANAGER to execute the final agreement with Wenger Corporation for the quoted costs of $290,896.
Agenda Report
ATTACHMENT 1 - DRAFT AGREEMENT
ATTACHMENT 1A - SUPPORTING ATTACHMENTS
ATTACHMENT 2 - BROCHURE
3. PUBLIC COMMUNICATIONS
In-person oral public comments were received from Pete Bennett (provided a handout at the meeting); Marc Joffe; Maria Gioia; and Jan Warren. Remote public comments were received from Barbara G.
Public Comment Handout - Received at Dais During Public Comment
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. PUBLIC HEARING
a.
OAKMONT OF SHADELANDS SENIOR HOUSING AND RESIDENTIAL CARE FACILITY: 1925 OAK GROVE ROAD AND 2800 MITCHELL DRIVE ? APPLICATION NO. Y20-03 Mayor Francois asked for any ex parte contact disclosures from the City Council. Mayor Pro Tem Silva noted having a conversation with the developer approximately 6 months ago. Mayor Pro Tem Silva and Councilmember Haskew also noted having a meeting with developer approximately 16 months ago.
Associate Planner Jessica Gonzalez presented the agenda report. She reported that the City Council is asked to consider adoption of a General Plan Amendment, Specific Plan Amendment, Rezoning, Tree Removal and Tree Dripline Encroachment Permits for a new development consisting of 254 senior housing units and a 136-bed residential care facility for the elderly (RCFE), and an associated Mitigated Negative Declaration. Additionally, the City Council is asked to consider a requirement for public benefits as part of this project.
Deb Karbo, Hall Equities Group, provided the presentation on behalf of the applicant.
A revised Attachment 3 (Resolution adopting tree removal and tree dripline encroachment permits) was provided to the City Council, distributed at the meeting and posted online as part of the meeting record. Exhibit 5a (Exhibit to Attachment 5 - Ordinance for Planned Development for 2800 Mitchell Drive) was also provided to the City Council, distributed at the meeting and posted online as part of the meeting record as erroneously not published with the release of the agenda packet.
Komron Shahhosseini, discussed the project financing.
Oral public comments were received from Bob Linscheid, Walnut Creek Chamber of Commerce and Visitors Bureau; Ed Del Beccaro; Mike Zylstra; and Jan Warren. No remote public comments were received. Written public comments were received and provided to the City Council, and posted online as part of the meeting record.
Motion by Darling, second by Mayor Pro Tem Silva,
carried
, to ADOPT RESOLUTION NO. 22-31 adopting the Mitigated Negative Declaration Addendum and Mitigation Monitoring & Reporting Program for Oakmont of Shadelands, Application No. Y20-034.
YEAS:
Darling, Haskew, Mayor Pro Tem Silva, Mayor Francois.
NOES:
Wilk.
Motion by Haskew, second by Darling,
carried unanimously
, to WAIVE READING AND INTRODUCE AN ORDINANCE amending Planned Development District (P-D) 2092, Shadelands Technical Center, to encompass only 1925 Oak Grove Road (omitting 2800 Mitchell Drive).
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Motion by Darling, second by Mayor Francois,
carried unanimously
, to establish a business deal point with a $1,000,000 cap on developer provided public benefits (rather than a percentage of building costs), with the funds to be spent towards the improvements as identified on page 12 of the agenda report (including sidewalk gap closures, improved pedestrian lighting and bus shelter upgrades) as it pertains to the Planned Development zoning for 2800 Mithcell Drive.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
The applicant was not prepared to indicate for the record concurrence to the proposed public benefit.
Motion by Mayor Pro Tem Silva, second by Darling,
carried
, to ADOPT RESOLUTION NO. 22-32 approving amendments to General Plan 2025 and Specific Plan (Shadelands Business Park) for Application No. Y20-034, Oakmont of Shadelands, for 2800 Mithcell Drive and 1925 Oak Grove Road.
YEAS:
Darling, Haskew, Mayor Pro Tem Silva, Mayor Francois.
NOES:
Wilk.
City Attorney Steve Mattas read into the record the changes proposed to the ordinance rezoning the property at 2800 Mitchell Drive. The language read into the record by the City Attorney, and further clarified by Mayor Francois and Councilmember Darling, includes replacing "Section 3. Decision, Paragraph 11: Delivery of Public Benefits" in its entirety to read as follows: The applicant or any successor property owner shall construct improvements, make an equivalent payment to the City, or a combination of both, with a value not to exceed $1,000,000. The payment shall be made prior to the issuance of the first certificate of occupancy for the project at 2800 Mitchell Drive and the funds would be used for the mobility improvements, including the sidewalk gap closures along the entire length of Mitchell Drive, the improved pedestrian lighting and additional safety measures at street crossings, and the bus shelter upgrades, as determined by the City.
Motion by Darling, second by Haskew,
carried unanimously
, to WAIVE READING AND INTRODUCE AN ORDINANCE rezoning the property at 2800 Mitchell Drive form Planned Development District (P-D) 2092 to P-D (TBD), Rezoning Application No. Y20-034, Oakmont Senior Housing, as amended at the meeting and stated for the record by City Attorney Mattas.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Motion by Mayor Pro Tem Silva, second by Mayor Francois, carried
, to ADOPT RESOLUTION NO. 22-33 approving the proposed tree removal and tree dripline encroachment for application No. Y20-034 Oakmont of Shadelands at 2800 Mitchell Drive and 1925 Oak Grove Road, as provided in its revised format with corrections.
YEAS:
Darling, Haskew, Mayor Pro Tem Silva, Mayor Francois.
NOES:
Wilk.
Agenda Report
ATTACHMENT 1. DRAFT RESOLUTION ADOPTING THE MITIGATED NEGATIVE DECLARATION ATTACHMENT 1A EXHIBIT A, MITIGATED NEGATIVE DECLARATION WITH MEMO MARCH 31, 2022 ATTACHMENT 2 DRAFT RESOLUTION ADOPTING THE GENERAL PLAN AMENDMENT AND SPECIFIC PLAN AMENDMENT ATTACHMENT 2A GENERAL PLAN AMENDMENT, EXHIBIT A
ATTACHMENT 3 DRAFT RESOLUTION ADOPTING TREE REMOVAL AND TREE DRIPLINE ENCROACHMENT PERMITS ATTACHMENT 3A EXHIBIT A, ARBORIST REPORT, PREPARED BY HORT SCIENCE IN JUNE 2021, REVISED MARCH 17, 2022 ATTACHMENT 4 DRAFT PLANNED DEVELOPMENT ORDINANCE FOR 1925 OAK GROVE ROAD ATTACHMENT 4A EXHIBIT A, P-D 1925 OAK GROVE ROAD
ATTACHMENT 5 DRAFT PLANNED DEVELOPMENT ORDINANCE FOR 2800 MITCHELL DRIVE ATTACHMENT 5A EXHIBIT A - P-D 2800 Mitchell Drive
ATTACHMENT 6 VICINITY AND AERIAL MAP
ATTACHMENT 7 APPLICANT NARRATIVE
ATTACHMENT 8 PLANNING COMMISSION RESOLUTION NO. 3908, RECOMMENDING APPROVAL OF THE MITIGATED NEGATIVE DECLARATION ATTACHMENT 9 PLANNING COMMISSION RESOLUTION NO. 3909, RECOMMENDING APPROVAL OF A GPA, SPA, PD ORDINANCES, TR, AND TDE Addendum 1 - Exhibit 5a Not Included with Original Agenda Item Release Addendum 2 - Revised Tree Resolution
Addendum 3 - Public Comment Received
The meeting was recessed from 8:48 p.m. to 8:59 p.m.
6. CONSIDERATION
a.
INFORMATIONAL UPDATE AND CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK AMENDING CHAPTER 6 (WEAPONS) OF TITLE 3 (PUBLIC SAFETY) OF THE WALNUT CREEK MUNICIPAL CODE TO REQUIRE THE SAFE STORAGE OF FIREARMS IN A RESIDENCE Assistant City Attorney Alexandra Wolf presented the agenda report. She reported that having a loaded or unlocked gun in the home is associated with an increased risk of gun-related injury and death. Children are particularly at risk of injury and death from firearms when firearms are not safely secured in their own homes or in homes they visit. Applying trigger locks or using lock boxes when storing firearms in the home reduces the risk of firearm injury and death. Cities throughout California have adopted ordinances requiring the safe storage of firearms in a residence. City Council previously directed staff to present an option to Council regarding the possible adoption of a safe firearms storage ordinance. An alternative draft oridnance was presented at the meeting which included penalties for civil violations.
Oral in person public comments were received from Jeff Elfont; Janie Dobbs, Moms Demand Action, read a comment on behalf of Nicole S.; Laurie Herbert; Sara Proctor; Laurel Dobbin; Lisa Dell’Anno; Ogie Strogatz; Ramin Dadashian; Lindsay Vignoles; and Cherise Khaund. Remote public comments were received from Rachel Shapiro; Carly Magnus; Christopher Jones; Catherine Jones; Katherine Walley; Kristin Peralta; and Scott.
The City Council was in concurrence with moving forward an ordinance with civil penalties.
Motion by Mayor Francois, second by Wilk,
carried unanimously
, to WAIVE READING AND INTRODUCE AN ORDINANCE amending Chapter 6 (Weapons) of Title 3 (Public Safety) of the Walnut Creek Municipal Code to require the safe storage of firearms in a residence, to include civil penalties.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT - DRAFT ORDINANCE
Addendum - Alternate DRAFT Ordinance
7. ADJOURNMENT OF THE REGULAR MEETING OF THE CITY COUNCIL at 10:10 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