REVISED AGENDA
CITY COUNCIL
Mayor Cindy Silva
Mayor Pro Tem Loella Haskew
Council member Cindy Darling
Council member Matt Francois
Council member Kevin Wilk
DATE:
March 21, 2023
TIME:
6:00 PM - City Council Regular Meeting
PLACE:
City Council Chamber, 1666 N. Main St., Walnut Creek
Meeting minutes were approved by the City Council on April 18, 2023.
CITY COUNCIL REGULAR MEETING AT 6:00 PM
Council Chamber, 1st Floor
1. OPENING
a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - Councilmember Wilk was absent due to a pre-planned trip; all other Councilmembers were in attendance. c.
PROCLAMATION: Red Cross Month
d.
PRESENTATION: EBMUD Walnut Creek Water Treatment Plant Pretreatment Project Update
2. CONSENT CALENDAR
a.
APPROVAL OF CITY COUNCIL MINUTES of March 07, 2023.
MAR 7 2023 - Meeting Minutes
b.
ACCEPTANCE OF WARRANT REGISTERS dated March 3, 2023 and March 10, 2023 and DIRECT PAYROLL TRANSFERS dated March 10, 2023.
Warrant Registers
c.
WAIVE SECOND READING AND ADOPTION OF ORDINANCE amending Chapter 5 to Title 3 of the Walnut Creek Municipal Code repealing Section 904 regarding a prohibition on pedestrians crossing roadways, amending Section 2206 regarding the preferential residential permit parking program, and continuing curbside pickup zones and related restrictions with amendments. (introduced on 3/7/23)
DRAFT ORDINANCE
d.
ADOPTION OF RESOLUTION requesting the Contra Costa County Flood Control and Water Conservation District maintain the City’s Stormwater Utility Area (SUA) fee at $35 per Equivalent Runoff Unit (ERU) for FY 2023-2024; and APPROVAL OF the Clean Water Program budget for FY 2023-2024.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - FY 23-24 CLEAN WATER PROGRAM BUDGET
e.
ADOPTION OF RESOLUTION opposing the California Business Roundtable Initiative 21-0042A1.
Agenda Report
ATTACHMENT DRAFT RESOLUTION
f.
ADOPTION OF RESOLUTION amending Resolution No. 21-13 in support of Resources for Community Development’s Affordable Housing and Sustainable Communities Grant Application for 699 Ygnacio Valley Road and partnership with the City, increasing the previously approved pass-through grant fund range to $2,100,000-$3,400,000 available to the City to implement transportation improvements near the project.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION FOR 699 YVR AHSC AMENDMENT ATTACHMENT 2 - SIGNED RESOLUTION 21-13
ATTACHMENT 3 - FEB 16 2021 - COUNCIL AGENDA REPORT
Addendum - Public Comment
g.
AUTHORIZATION BY FOUR-FIFTHS VOTE of the continuation of the emergency procurement actions undertaken pursuant to Public Contract Code Section 22050 for the storm drain repair work at 525 Lakewood Circle and Roadway Repairs at Ygnacio Valley Road (East of Oak Grove Rd).
Agenda Report
ATTACHMENT - RESOLUTION NO. 23-09
h.
AUTHORIZATION OF THE CITY MANAGER to execute Task Order No.3 to the existing Consultant Services Agreement with BSK Associates in the amount of $101,637 to provide special inspection and materials testing services for the South Main Street Rehabilitation project.
Agenda Report
ATTACHMENT - DRAFT AGREEMENT TASK ORDER 3
i.
AUTHORIZATION OF THE CITY MANAGER to execute the fifth amendment of the Lease Agreement for the City-owned premises at 1360 Locust Street with Melo’s Italian Kitchen, in order to extend the rent abatement period for three (3) additional months and to provide a tenant improvement allowance not to exceed $60,000 for the entryway roof repair.
Agenda Report
ATTACHMENT 1 - 5TH AMENDMENT TO LEASE AGREEMENT
ATTACHMENT 2 - COMBINED LEASE AND AGREEMENTS 1-4
j.
AWARD CONTRACT 22-36, the 2023 Cape Seal project to Dryco Construction, Inc. for a contract price of $911,770.91, with a contingency not to exceed $91,000.00, for an authorized total of $1,002,770.91; and TRANSFER FUND BALANCE in the amount of $124,143.12 from the 2022 Slurry Seal project CP10119 and $153,627.79 from 2022 Overlay project CP10121 to the 2023 Cape Seal project CP10120 to fund the estimated project costs.
Agenda Report
ATTACHMENT 1 - STREET LIST
ATTACHMENT 2 - BID EVALUATION
l.
ACCEPTANCE OF the 2022 Annual Progress Report on the status of the 5th Cycle Housing Element program implementation and direct the Assistant Housing Planner to submit the document to the Department of Housing and Community Development.
Agenda Report
ATTACHMENT - HOUSING ELEMENT ANNUAL PROGRESS REPORT
m.
ACCEPTANCE OF the Fiscal Year 2023 2nd Quarter Budget Update report, as recommended by the Finance Committee.
Agenda Report
ATTACHMENT - GENERAL FUND SUMMARY
k.
CONFIRMATION OF the appointment of Mayor Silva and Councilmember Darling as the City Council ad hoc committee members to help guide the Heather Farm Park Aquatics and Community Center replacement project design phase; and approve the proposed members of the community panel who will the assist the ad hoc committee in the selection process for the project architect for the design of the Heather Farm Park Aquatics and Community Center.
Agenda Report
3. PUBLIC COMMUNICATIONS
Addendum - General Public Comment
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - none.
b.
City Manager reports - City Manager Dan Buckshi, in his role as Emergency Services Director, reported on the impacts of the recent storms. c.
City Councilmember reports on AB1234 Activities, Councilmember assignments and various activities and upcoming events
5. CONSIDERATION
a.
APPROVAL OF ASSESSMENT REPORT AND ANNUAL LEVY OF ASSESSMENTS FOR THE WALNUT CREEK TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) FOR FISCAL YEAR 2023-2024 AND SETTING A PUBLIC HEARING Agenda Report
ATTACHMENT 1 - TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENT REPORT FY22-23 AND FY23-24 ATTACHMENT 2 DRAFT RESOLUTION APPROVING THE WALNUT CREEK TOURISM BUSINESS IMPROVEMENT DISTRICT ANNUAL ASSESSMENT REPORT FOR FISCAL YEAR 2023-2024 ATTACHMENT 3 DRAFT RESOLUTION OF INTENTION OF THE CITY COUNCIL TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2023-2024 FOR THE WALNUT CREEK TBID Addendum - Clarifying Memo for 5a & 5b
b.
APPROVAL OF ASSESSMENT REPORT AND ANNUAL LEVY OF ASSESSMENTS FOR THE DOWNTOWN WALNUT CREEK BUSINESS IMPROVEMENT DISTRICT (BID) AND DOWNTOWN WALNUT CREEK SOUTH BUSINESS IMPROVEMENT DISTRICT (SBID) FOR FISCAL YEAR 2023-2024 AND SETTING PUBLIC HEARINGS Agenda Report
ATTACHMENT 1 - DOWNTOWN WALNUT CREEK BID ANNUAL ASSESSMENT REPORT FOR FY 2022-2024 ATTACHMENT 2 - DOWNTOWN WALNUT CREEK SBID ANNUAL ASSESSMENT REPORT FOR FY 2022-2024 ATTACHMENT 3 - RESOLUTION TO APPROVE BID
ATTACHMENT 4 - RESOLUTION TO APPROVE SBID
ATTACHMENT 5 - BID RESOLUTION TO LEVY
ATTACHMENT 6 - SBID RESOLUTION TO LEVY
Addendum - Clarifying Memo for 5a & 5b
c.
ADOPTION OF RESOLUTION APPROVING AN ADDENDUM TO THE 6TH CYCLE HOUSING ELEMENT AND DETERMINATION THAT SAID APPROVAL IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) AND 15283 Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - ADDENDUM TO HOUSING ELEMENT
ATTACHMENT 3 - AFFH CONTRIBUTING FACTORS ACTIONS TABLE
Addendum - Public Comment
Addendum 2 - Updates
6. ADJOURNMENT OF THE REGULAR CITY COUNCIL MEETING in memoriam of former commissioners Mark Lopez (Design Review Commission 2004-2012 and Board of Appeals 2020-2023); Rick Underwood (Park, Recreation and Open Space Commission 2004-2012); and Dave Williams (Central Contra Costa Sanitary District 2010-2023) at 9:14 p.m.
The agenda and minutes with links to staff reports are available on the City’s website:
www.walnut-creek.org
(click on "Public Meetings - Video" under the "Online Services" tab) All meetings are broadcast live on Comcast Channel 28 (incorporated Walnut Creek only,) Channel 26 in Rossmoor, WAVE Channel 1028, and AT&T Channel 99. Meetings are also streamed live on the City’s website and YouTube channel, and archived for on-demand viewing from the City’s website (see link above) and YouTube channel Information for the public on participation at Council meetings, including time limits for addressing the Council, can be found on the back of the Speaker Identification Card located near the Council Chamber entrance. Should you have any questions after consulting the Speaker Identification card, please contact the City Clerk prior to the Council meeting.
Materials related to any item on this Agenda submitted to the Council after distribution of the agenda packet are available at the City Clerk’s office at City Hall, 3rd Floor, 1666 North Main Street, Walnut Creek during normal business hours and are placed with the agenda materials for distribution at the meeting.
In compliance with the Americans with Disabilities Act and Title VI, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (925) 943-5819. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.