City Council Regular Meeting - 6:00 PM
Tuesday, February 21, 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 March7, 2023.
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.
2. CONSENT CALENDAR
Mayor Silva pulled Consent Calendar Item 2c to provide comments. No public comments were received for items on the Consent Calendar.
Motion by Francois, second by Mayor Pro Tem Haskew,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a, 2b and 2d - 2i as follows:
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva. a.
APPROVED CITY COUNCIL MINUTES of February 7, 2023.
FEB 07 2023 - DRAFT Meeting Mintues
b.
ACCEPTED WARRANT REGISTERS dated February 3, 2023 and February 10, 2023; and DIRECT PAYROLL TRANSFERS dated February 10, 2023.
Warrant Registers
d.
ADOPTED RESOLUTION NO. 23-11 authorizing the City to accept the Grant of Easement at 101 Pringle Avenue from WCTV Parcel 2 LLC; and ADOPTED RESOLUTION NO. 23-12 authorizing the City to accept the Grant of Easement (Deed 22-0004) and the Grant of Public Storm Drain Easement (Deed 22-0005) at 200 Ygnacio Valley Road from San Francisco Bay Area Rapid Transit District.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION 101 PRINGLE
ATTACHMENT 2 - DRAFT RESOLUTION 200 YVR
ATTACHMENT 3 - VICINTY MAP
ATTACHMENT 4 - DEED 22-0003 GRANT OF EASEMENT PLAT MAPS ATTACHMENT 5 - DEED 22-0004 GRANT OF EASEMENT AND PLAT MAPS ATTACHMENT 6 - DEED 22-0005 GRANT OF PUBLIC STORM DRAIN EASEMENT AND PLAT MAPS e.
AWARDED CONTRACT 22-21, the 2023 Concrete project to Villalobos & Associates, Inc, for a contract price of $448,499 with a contingency not to exceed $45,000 for an authorized total of $493,499; and TRANSFER ED FUNDS in the amount of $178,142.12 from CP09995 to CP10119 to fund the estimated project costs to complete the ADA ramp upgrades.
Agenda Report
ATTACHMENT 1 - PROJECT LOCATIONS
ATTACHMENT 2 - BID EVALUATION
f.
ACCEPTED WORK for Contract 22-01, the Lennon Lane and North Via Monte Rehabilitation project as complete; and AUTHORIZED THE APPROVAL OF FUNDS in the amount of $1,208,805.99 from Shadelands Park Maintenance Fund to CP10121 to reimburse project costs related to the project.
Agenda Report
ATTACHMENT - PROJECT LOCATION
g.
ACCEPTED grant funds and amendment to the FY 2022-2023 Grant Funds Budget by appropriating the Federal Grant Revenue and related expenses totaling $190,000; AUTHORIZED the City Manager to execute a Memorandum of Understanding with the County of Contra Costa Office of the Sherriff for the distribution of FY 2021 Homeland Security Grant Program; and AUTHORIZED the purchase and addition of one (1) K9 Vehicle and associated K9 equipment as outlined, in the amount of $101,000.
Agenda Report
ATTACHMENT 1 - 2021 MOU WITH CCC SHERIFF
ATTACHMENT 2 - WCPD BOMB SQUAD K9 PROGRAM
ATTACHMENT 3 - 3D PRINTER LETTER
ATTACHMENT 4 - BOMB TECH TRAINING LETTER
h.
AUTHORIZED THE CITY MANAGER to execute an amendment to the existing agreement with Wenger Corporation, in a form acceptable to the City Attorney, incorporating the proposed additional work as it relates to the Lesher Center Orchestra Shell replacement, and an additional $15,000 contingency for unanticipated items.
Agenda Report
ATTACHMENT 1 - EXISTING AGREEMENT
ATTACHMENT 2 - WENGER CORP PROPOSAL
i.
AWARDED CONTRACT 23-01, the Walnut Creek Garden Center Rehabilitation project, to Staples Construction Company, Inc. in the amount of $900,000, with a project contingency and reserve budget not to exceed $150,000 and allocation of $98,000 for project management and staff costs, via a revised agreement provided at the meeting and posted on-line as part of the meeting record; AUTHORIZED THE CITY MANAGER to execute a construction agreement with Staples Construction Company, Inc. on behalf of the City Council; and APPROPRIATED $1,148,000 for this project, from the following funding sources: $60,000 from the General Fund - Risk Management Division; $235,000 from the Facility Replacement Internal Service Fund; and $853,000 from the General Fund FY23 projected contribution to fund balance.
Agenda Report
ATTACHMENT 1 - CONTRACT
ATTACHMENT 2 - SOURCEWELL COOPERATIVE BID AGREEMENT
Addendum - Errata Sheet - Addition of Work Schedule
c.
ADOPTION OF RESOLUTION proclaiming termination of the local emergency related to the COVID-19 pandemic on February 28, 2023 as previously set forth in Proclamation No. 20-01 and Resolution No. 20-13.
Mayor Silva pulled Consent Calendar Item 2c to provide comments.
Motion by Mayor Silva, second by Wilk,
carried unanimously
, to ADOPT RESOLUTION NO. 23-13 proclaiming termination of the local emergency related to the COVID-19 pandemic on February 28, 2023 as previously set forth in Proclamation No. 20-01 and Resolution No. 20-12.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
ATTACHMENT 1 - SUMMARY OF CITY COUNCIL ACTIONS
ATTACHMENT 2 - DRAFT RESOLUTION
3. PUBLIC COMMUNICATIONS
Oral in-person comments were received from: Laura Halpin; Justine Simons; Katherine Walley; Taun Hall. Remote public comments were received from Barbara G. and Jan Warren. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
Addendum - Public Comment Prior to Meeting
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.
FIRST READING AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK REPEALING SECTION 512 (TOILET USE) OF CHAPTER 1 (PARKS AND OPEN SPACE REGULATIONS) TO TITLE 11 (PARKS AND RECREATION) OF THE WALNUT CREEK MUNICIPAL CODE REMOVING RESTRICTIONS ON TOILET USE BASED ON A PERSON’S SEX Assistant City Attorney Alexandra Wolf provided the staff presentation. She reported that the Walnut Creek Municipal Code prohibits, in City parks and open space, any person from using or entering a toilet facility specifically designated for use by members of the opposite sex. She stated the recommended action is to allow staff to coordinate how the City identifies and assigns restrooms for access at an administrative level to maintain consistency with current State law.
Mayor Silva opened the item for public comment. Oral in-person comments were received from Katherine Walley and Laura Halpin.
Motion by Darling, second by Mayor Pro Tem Haskew,
carried unanimously
, to WAIVE FIRST READING AND INTRODUCE AN ORDINANCE repealing Section 512 of Chapter 1 of Title 11 of the Walnut Creek Municipal Code, removing restrictions on toilet use based on a person’s sex in parks and open spaces, allowing staff to coordinate how the City identifies and assigns restrooms for access at an administrative level to maintain consistency with current State law.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
ATTACHMENT - DRAFT ORDINANCE
b.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK AMENDING CHAPTER 16 (ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES) OF TITLE 4 (PUBLIC WELFARE, MORALS, AND CONDUCT) OF THE WALNUT CREEK MUNICIPAL CODE REMOVING REFERENCE TO THE FUNDAMENTAL RIGHT TO PRIVACY PROTECTED BY THE UNITED STATES CONSTITUTION Assistant City Attorney Alexandra Wolf provided the staff presentation. She reported that on March 15, 2022, the City Council adopted Chapter 16 of Title 4 of the Walnut Creek Municipal Code entitled "Access to Reproductive Healthcare Facilities." On June 24, 2022, the United States Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization. An amendment to Chapter 16 of Title 4 is now recommended to affirm the Ordinance is based on rights protected by the State of California.
Mayor Silva opened the item for public comment. Oral in-person comments were received from Christian Garcia.
Motion by Wilk, second by Darling,
carried unanimously
, to WAIVE FIRST READING AND INTRODUCE AN ORDINANCE amending Chapter 16 of Title 4 of the Walnut Creek Municipal Code to remove reference to the fundamental right to privacy protected by the United States Constitution, and to affirm the Ordinance is based on rights protected by the State of California, as provided in its revised form at the meeting and posted on-line as part of the meeting record.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
ATTACHMENT - DRAFT ORDINANCE
Addendum - Errata Sheet; Non-Substantive changes to the Ordinance
6. ADJOURNMENT OF THE REGULAR CITY COUNCIL MEETING at 7:24 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