Concurrent Regular Meetings: City Council and Public Facilities Financing Authority - 6:00 PM Tuesday, January 17, 2023
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
DARLING
FRANCOIS
WILK
mAYOR pRO tEM HASKEW
mayor SILVA
Meeting minutes were approved by the City Council on February 7, 2023.
CONCURRENT REGULAR MEETINGS OF THE CITY COUNCIL AND PUBLIC FACILITIES FINANCING AUTHORITY AT 6:00 PM Council Chamber, 1st Floor
1. OPENING
a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance.
Agenda Items 1c and 1d were handled in reverse order.
d.
PROCLAMATION: Human Trafficking Prevention Month – January 2023 c.
RECOGNITION: Nobel Prize Winners – John Clauser and David Julius
2. CONSENT CALENDAR
Councilmember Wilk pulled item 2c from the Consent Calendar to provide comments.
Remote public comments were received from: Pete Bennet and Main Street Kitchen.
Motion by Darling, second by Wilk,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a, 2b and 2d-2j as follows:
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva. a.
APPROVED CITY COUNCIL MINUTES of December 6, 2022 and December 12, 2022 (see Public Facilities Financing Authority minutes for action on the January 18, 2022 PFFA minutes).
December 6 2022 Meeting Minutes
December 12 2022 Meeting Minutes
JAN 18 2022 - PFFA - Meeting Minutes
b.
ACCEPTED WARRANT REGISTERS dated December 2, 2022, December 9, 2022, December 12, 2022, December 16, 2022 and January 6, 2023; and DIRECT PAYROLL TRANSFERS dated December 2, 2022, December 16, 2022 and December 29, 2022.
Warrant Registers
d.
ADOPTED RESOLUTION NO. 23-01 approving the Salary and Wage Plan dated and effective as of January 22, 2023.
Agenda Report
ATTACHMENT - DRAFT RESOLUTION
EXHIBIT A - SALARY AND WAGE PLAN DATED AND EFFECTIVE AS OF JANUARY 22, 2023 e.
ADOPTED RESOLUTION NO. 23-02 adopting the 2023 City of Walnut Creek Investment Policy.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - Investment Policy
f.
ADOPTED RESOLUTION NO. 23-03 authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration (CDTFA) for implementation of a local transactions and use tax; ADOPTED RESOLUTION NO. 23-04 authorizing the examination of the sales, use, and transactions tax records for the City; and AUTHORIZED THE CITY MANAGER to amend the agreement with HdL for sales, use and transactions tax audit and information services, and appropriate $176,000 of Measure O revenue for the preparatory costs incurred by the CDTFA necessary to administer the City's transactions and use tax and the contract costs for Hdl sales, use and transactions tax audit and information services.
Agenda Report
ATTACHMENT 1 - PROPOSED RESOLTUION FOR EXECUTION OF AGREEMENTS EXHIBIT A TO ATTACHMENT 1 PREPARATORY AGREEMENT
EXHIBIT B TO ATTACHMENT 1 ADMINISTRATIVE AGREEMENT
ATTACHMENT 2 - PROPOSED RESOLUTION FOR EXAMINATION OF RECORDS g.
ACCEPTED the September 2022 Investment and IRS Section 115 Pension Trust Report.
Agenda Report
ATTACHMENT 1 - INVESTMENT DETAIL
ATTACHMENT 2 - SUPPLEMENTARY INFORMATION BY INVESTMENT TYPE ATTACHMENT 3 - SEPTEMBER 30 2022 PENSION TRUST STATEMENT ATTACHMENT 4 - SECTION 115 PENSION TRUST ECONOMIC OUTLOOK h.
AUTHORIZED the City Manager, or designee, to enter into an agreement for surface roadway maintenance of Las Lomas Way with Contra Costa County.
Agenda Report
ATTACHMENT 1 - LAS LOMAS WAY TREATMENT AREA
ATTACHMENT 2 - AGREEMENT FOR ROADWAY SURFACE TREATMENT OF LAS LOMAS i.
APPROVED the amendment and extension of the Law Enforcement Services Agreement between Macerich HHF Broadway Plaza and the City; and the allocation of $54,000 for the remainder of the 2023 fiscal year, and $54,000 for the 2024 fiscal year, for a total of $108,000 from the General Fund, to match the funds provided by Macerich.
Agenda Report
ATTACHMENT 1 - 1ST AMENDMENT OF SERVICES AGREEMENT
ATTACHMENT 2 - ORIGINAL AGREEMENT
j.
APPROVED THE MAYORAL ROTATION SEQUENCE in the following order: Cindy Silva, Loella Haskew, Cindy Darling, Kevin Wilk and Matt Francois.
Agenda Report
c.
WAIVE SECOND READING AND ADOPTION OF ORDINANCE establishing a new Overlay Zone in the Downtown area and amending the Walnut Creek Municipal Code to implement the Outdoor Dining Policy, and make a determination that adoption of the ordinance is exempt from environmental review under Section 15061(b)(3) of CEQA; ADOPTION OF A RESOLUTION approving the outdoor dining fee structure for implementation of the Outdoor Dining Policy; and ADOPTION OF amended Outdoor Dining Policy.
Councilmember Wilk pulled item 2c from the Consent Calendar to provide comments. An amended Outdoor Dining Policy was distributed to the City Council at the meeting for their consderation.
Motion by Francois, second by Mayor Pro Tem Haskew,
carried unanimously
, to WAIVE SECOND READING AND ADOPT ORDINANCE NO. 2229 establishing a new Overlay Zone in the Downtown area and amending the Walnut Creek Municipal Code to implement the Outdoor Dining Policy, and make a determination that adoption of the ordinance is exempt from environmental review under Section 15061(b)(3) of CEQA (adding Chapter 13 to Title 6, and amending Titles 4 and 10 of the Walnut Creek Municipal Code to implement the Outdoor Dining program) (introduced on 12/6/22).
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Motion by Francois, second by Mayor Pro Tem Haskew,
carried unanimously
, to ADOPT RESOLUTION NO. 23-05 approving the outdoor dining fee structure for implementation of the Outdoor Dining Policy; and ADOPT the amended Outdoor Dining Policy (a further amended version was provided for consideration).
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
ATTACHMENT 1 - OUTDOOR DINING ORDINANCE
ATTACHMENT 1 - EXHIBIT A - OVERLAY ZONE MAP
ATTACHMENT 2 - FEE RESOLUTION
ATTACHMENT 2 - EXHIBIT A - OUTDOOR DINING FEE STRUCTURE ATTACHMENT 3 - OUTDOOR DINING POLICY AMENDED
Addendum - Revised Attachment
3. PUBLIC COMMUNICATIONS
In-person oral comments were received from: Kurtis Reese; Daniel Roemer; Laura Haplin; Taun Hall; Ogie Strogatz; Katherine Walley; Sandra Casentini; Suresh Subramamiam; Megan Madden; Hawnlay Swen; Kamala Sufi. Remote public comments were received from Barbara G. and Pete Bennett. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
Addendum - Public Comment Received
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - none.
b.
City Manager reports - City Manager Dan Buckshi reported on the recent storm event, noting he had issued a proclamation of local emergency on January 6, 2023. He also reported that the City is being awarded a $2.5 million allocation from the federal infrastructure bill related to installing fiber opitic lines along Ygnacio Valley Road. 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.
The meeting was recessed from 7:39 p.m. to 7:50 p.m.
5. PUBLIC HEARING
a.
FINAL DRAFT 6TH CYCLE HOUSING ELEMENT
Community Development Director Erika Vandenbrande introduced the agenda item. Senior Planner Andy Smith and consultants Hitta Mosesman and Irlanda Martinez, of Harris & Associates, assisted with the staff presentation. Senior Planner Smith reported that the City is updating its Housing Element of the General Plan for the 2023-2031 (6th Cycle) planning period, pursuant to California law. The Housing Element Update (HEU) presents a comprehensive assessment of local housing conditions and lays out a series of goals, policies, and programs to assist the City in meeting the housing needs of current and future residents. The City Council is being asked to adopt the HEU and authorize submittal to the California Department of Housing and Community Development (HCD) for certification.
Hitta Mosesman provided background information and discussed fair housing and process.
Irlanda Martinez reviewed the changes and findings as a result of HCD review.
Mayor Silva opened the public hearing. Oral public comments were received in-person from Kevin Burke, East Bay for Everyone. Remote public comments were received from: Jan Warren; Keith Diggs; and Donna Colombo. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
City Attorney Steve Mattas noted that an errata sheet was distributed at the meeting.
Motion by Mayor Silva, second by Francois,
carried unanimously
, to CONTINUE the Final Draft 6th Cycle Housing Element public hearing to a special meeting of January 24, 2023 at 6 p.m.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 1 - EXHIBIT A - FINDINGS OF SUBSTANTIAL COMPLIANCE ATTACHMENT 1 - EXHIBIT B - HCD COMPLETENESS CHECKLIST
ATTACHMENT 2 - HCD REVIEW LETTER
ATTACHMENT 3 - HOUSING ELEMENT REVIEW TABLE
ATTACHMENT 4 - FINAL DRAFT HOUSING ELEMENT (ALSO EXHIBIT C TO ATTACHMENT 1) ATTACHMENT 4 - APPENDIX A - COMMUNITY ENGAGEMENT
ATTACHMENT 4 - APPENDIX B - AFFH
ATTACHMENT 4 - APPENDIX C - SITES INVENTORY
ATTACHMENT 5 - PLANNING COMMISSION RESOLUTION
Addendum - Public Comment Received
Addendum - Errata Sheet Handed Out at the Dais
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:
_______________________________________
Cindy Silva
2022-23 Mayor of the City of Walnut Creek