City Council Meetings - 4PM Special Meeting (Closed Session) and 6PM Regular Meeting Tuesday, February 7, 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 21, 2023.
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 4:00 PM Council Chamber, 1st Floor/3rd Floor Conference Room
1. OPENING AND PUBLIC COMMUNICATIONS
All Councilmembers were in attendance. Mayor Silva reported that under California law, public comments at special meetings are limited to subjects on the agenda only. Mayor Silva opened the item for public comment; hearing no comment, she closed the public comment period and the City Council reconvened in the 3rd Floor Conference Room for the Closed Session discussion.
2. CLOSED SESSION
The City Council reconvened in Closed Session in the 3rd Floor Conference Room pursuant to:
a.
CONFERNCE WITH LEGAL COUNSEL – LIABILITY CLAIM
(Pursuant to Government Code Section 54956.95)
Claimant: Heather Farm Garden Association, Inc.
Claimed against: City of Walnut Creek
b.
CONFERNCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: 1540 Marchbanks Drive, Walnut Creek
Negotiating Parties: City of Walnut Creek and Heather Farm Garden Center Association, Inc. a/k/a "The Gardens at Heather Farm"
Agency negotiators: Dan Buckshi, City Manager; and Heather Ballenger, Public Works Director
Under negotiation: Price and terms of payment
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:10 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.
PROCLAMATION: Black History Month – February
d.
PROCLAMATION: African American Mental Health Awareness Week - Second Week of February
2. CONSENT CALENDAR
Oral in-person comment was received from Jan Warren in regards to Consent Calendar Item 2g. Written public comments relating to Consent Calendar Item 2g were also received and provided to the City Council, and posted online as part of the meeting record.
Councilmember Wilk pulled Consent Calendar Item 2g to ask questions of staff.
Motion by Mayor Pro Tem Haskew, second by Francois,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-2f as follows:
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva. a.
APPROVED CITY COUNCIL MINUTES of January 17, 2023 and January 24, 2023.
01.17.23 DRAFT MINUTES
01.24.23 DRAFT MINUTES
b.
ACCEPTED WARRANT REGISTERS dated January 13, 2023, January 20, 2023 and January 30, 2023; and DIRECT PAYROLL TRANSFERS dated January 13, 2023 and January 27, 2023.
WARRANT REGISTERS
c.
ADOPTED RESOLUTION NO. 23-08 authorizing City staff to apply for Transportation Development Act (TDA) Article 3 grant funds with the Metropolitan Transportation Commission (MTC) for construction of the Creekside Drive Crosswalk Improvements project.
Agenda Report - TDA funds
Attachment 1 - proposed resolution
Attachment 2 - project
d.
ADOPTED RESOLUTION NO. 23-09 authorizing the City Manager to utilize emergency response procurement of equipment, supplies, contracts and services necessary to repair damaged storm drain pipes and related repairs at 525 Lakewood Circle and Ygnacio Valley Road (east of Oak Grove Road), pursuant to Public Contract Code Section 22050, and without following the City's normal competitive bidding procedures.
Agenda Report - emergency procurement
Attachment 1 - proposed resolution
Attachment 2 - Public Contract Code
e.
ADOPTED RESOLUTION NO. 23-10 rescinding Resolution No. 21-01 and appointing standby officers the City Council and the City Manager in the event of enemy attack, or in the event of a state of emergency, or a local emergency.
Agenda Report - standby officers
Attachment - proposed resolution
f.
AUTHORIZED THE CITY MANAGER to execute Change Order 1 to Contract No. 22-16 with FJ&I Engineering, Inc., for $79,400 to provide an additional 100 linear feet of storm drain pipe, a new manhole structure and associated pavement restoration downstream of the previously approved work; and TRANSFERED $79,400, from CP010129 to CP010114 for Change Order 1.
Agenda Report - FJ&I Change Order
Attachment - Contract Change Order
g.
AUTHORIZATION OF the purchase and outfitting of eight (8) new hybrid Police Department patrol vehicles as scheduled for replacement in the amount of $653,622 and APPROPRIATION OF $653,622 for this purchase in the Vehicle Replacement Fund.
Councilmember Wilk pulled Consent Calendar Item 2g to ask questions of staff.
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 Darling,
carried unanimously
, to AUTHORIZE the purchase and outfitting of eight (8) new hybrid Police Department patrol vehicles as scheduled for replacement in the amount of $653,622 and APPROPRIATE $653,622 for this purchase in the Vehicle Replacement Fund.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report - purchase police vehicles
Attachment 1 - Ford Quote
Attachment 2 - police quote
Attachment 3 - CMAS Contract
Addendum - Public Comments Received
3. PUBLIC COMMUNICATIONS
In-personal oral comments were received from: Jan Warren; Ogie Strogatz; Katherine Walley; Laura Halpin; Kurtis Reese; Gigi Crowder; and Taun Hall. Remote public comments were received from Barbara G. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
Addendum - Public Comments Received
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - City Attorney Steve Mattas reported there was no reportable action as a result of the Closed Session items. b.
City Manager reports - City Manager Dan Buckshi introduced newly hired Human Resources Director Trish Raver. 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.
PROPOSED 2023 STATE LEGISLATIVE
Deputy City Manager Carla Hansen introduced the item. She reported that each year the City Council considers and adopts a State Legislative agenda for the upcoming year. Townsend Public Affairs (TPA), a State and Federal advocacy firm, serves as the City’s legislative advocacy firm. City staff and TPA met with the Legislative Committee in January to discuss the proposed 2023 Legislative Agenda. The Legislative Committee discussed and submitted edits and referred it to the City Council for discussion and approval. Casey Elliott, Townsend Public Affairs, provided a state legislative update, discussed proposed changes, guiding principles, revisions to policy positions and the legislative platform.
Mayor Silva opened the item for public comment; hearing no comment, she closed the public comment period.
Councilmember Darling suggested edits to the 2023 State Legislative Agenda as it relates to roof top solar and battery storage (Section 4i) and Public Policy Positions - Public Safety (Section 1 Public Safety).
Motion by Mayor Pro Tem Haskew, second by Mayor Silva,
carried unanimously
, to APPROVE the 2023 State Legislative Agenda with the two suggested edits by Councilmember Darling.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
Attachment 1 - proposed legislative agenda - redlined
Attachment 2 - proposed legislative agenda - clean
b.
GENERAL FUND 10-YEAR FINANCIAL FORECAST
Budget Manager Katie Bruner provided the staff presentation. She reported that the City has a history of undertaking multi-year financial forecasts as a long-term planning tool and depiction of anticipated financial trends. Budget Manager Bruner presented an updated financial forecast model with the most recent information available.
Mayor Silva opened the item for public comment; hearing no comment, she closed the public comment period.
Motion by Francois, second by Wilk,
carried unanimously
, to ACCEPT the report on the General Fund 10-year Financial Forecast.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
Attachment - GF Forecast
The meeting was recessed from 8:18 p.m. to 8:30 p.m.
c.
MEASURE O FINANCIAL PROJECTION
Budget Manager Katie Bruner provided the staff presentation. She reported that with the passage of Measure O, a ten-year, ½ cent sales tax, staff has prepared a financial projection for Measure O revenues for the ten years the tax will be collected. As staff begin the development of the Fiscal Year 2024 and 2025 (FY24 and FY25) budget, this report and projection begins the discussion with the City Council regarding potential uses of Measure O funds. On January 26, 2023, Finance Committee provided feedback on the initial projections and considerations for uses of Measure O funds, including consideration of a short-term spending policy for short-term revenues.
Mayor Silva opened the item for public comment. In-person oral comments were received from Acacia Clark.
The City Council provided feedback on the Measure O projections and initial considerations of potential expenditures funded by Measure O. No formal action was taken.
Agenda Report
Attachment - Measure O Projection with debt financing scenario d.
CONSIDERATION OF YOUR PARKS, YOUR FUTURE: CONCEPTUAL SITE PLAN Senior Planner Jeanine Cavalli presented the agenda report. She reported that the Your Parks, Your Future project, with a focus on the future combined swim center and community center facility at Heather Farm Park, is one of the City Council’s 2022-2023 priorities. Senior Planner Cavalli presented an update on the Your Parks, Your Future project, including the conceptual site plan developed for the future location of the combined facility at Heather Farm Park. She stated that staff is seeking feedback from Council on the conceptual site plan and next steps.
Jeff Ferber, RRM Design Group, discussed the key features of the conceptual site plan.
Janet Tam, Noll & Tam Architects, discussed the key features of the building plan and cost estimates.
Mayor Silva opened the item for public comment. In-person oral comments were received from Acacia Clark.
The City Council provided feedback on the conceptual site plan.
The City Council was in agreement with staff’s intent to move forward with the process of selecting a project architect, with the appointment of an ad hoc committee of the Council to help guide the project design phase; and supportive of the creation of a community panel for the selection of the architect (which will include the City Council ad hoc committee members).
Motion by Francois, second by Mayor Pro Tem Haskew,
carried unanimously
, to APPROVE staff's intent to move forward with the process of selecting a project architect; and to SUPPORT the creation of a community panel for the selection of the architect (which will include the City Council ad hoc committee and others).
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report - Corrected Version 2-3-23 10:30 am
Attachment 1 - study area
Attachment 2 - conceptual site plan
Attachment 3 - facilities matrix
Addendum - Public Comments Received
6. ADJOURNMENT OF THE REGULAR CITY COUNCIL MEETING at 10:55 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