City Council Regular Meeting - 6:00 PM
Tuesday, March 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 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
Councilmember Francois pulled Consent Calendar 2k to provide clarification regarding the City Council action taken on Feburary 7, 2023.
Written public comments were received and provided to the City Council, and posted online as part of the meeting record for Consent Calendar Item 2f. No oral in-person or remote public comments were received relating to the Consent Calendar.
Motion by Mayor Pro Tem Haskew, second by Darling,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-2j, 2l and 2m as follows:
YEAS:
Darling, Francois, Mayor Pro Tem Haskew, Mayor Silva.
a.
APPROVED CITY COUNCIL MINUTES of March 07, 2023.
MAR 7 2023 - Meeting Minutes
b.
ACCEPTED WARRANT REGISTERS dated March 3, 2023 and March 10, 2023 and DIRECT PAYROLL TRANSFERS dated March 10, 2023.
Warrant Registers
c.
WAIVED SECOND READING AND ADOPTED ORDINANCE NO. 2232 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.
ADOPTED RESOLUTION NO. 23-15 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.
ADOPTED RESOLUTION NO. 23-16 opposing the California Business Roundtable Initiative 21-0042A1.
Agenda Report
ATTACHMENT DRAFT RESOLUTION
f.
ADOPTED RESOLUTION NO. 23-17 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.
Written public comments were received and provided to the City Council, and posted online as part of the meeting record for Consent Calendar Item 2f.
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.
AUTHORIZED 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.
AUTHORIZED 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.
AUTHORIZED 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.
AWARDED 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 TRANSFERED 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.
ACCEPTED 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.
ACCEPTED 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.
Councilmember Francois pulled Consent Calendar 2k to provide clarification regarding the City Council action taken on Feburary 7, 2023 -- the creation of the ad hoc committee is for the purpose of selecting an architect for the Heather Farm Park Aquatics and Communty Center replacement project.
No oral in-person or remote public comments were received.
Motion by Francois, second by Darling,
carried unanimously
, to CREATE AN AD HOC COMMITTEE for the purpose of selecting an architect for the Heather Farm Park Aquatics and Communty Center replacement project; CONFIRM the appointment of Mayor Silva and Councilmember Darling as the City Council ad hoc committee members; and to APPROVE the proposed members of the community panel who will assist the ad hoc committee in the selection process for the project architect.
YEAS:
Darling, Francois, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
3. PUBLIC COMMUNICATIONS
Oral in-person comments were received from: Tarek El-Dardiri; and Khalid Salch. 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 - 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 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.
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 Economic Development Project Manager Angela Tsui introduced the item. She reported that the he City of Walnut Creek established the Walnut Creek Tourism Business Improvement District (TBID) in December 2010. The purpose of the TBID is to promote tourism within the City by funding activities through a levy of assessments upon the hotels that will benefit from those activities. In accordance with California Streets and Highways Code Section 36540, the TBID Advisory Board had prepared an Annual Assessment Report for Fiscal Years 2022-2023 and 2023-2024. Economic Development Project Manager Tsui reported that every year, the City Council must hold two meetings to review the Report and approve the levy of assessments. At the first meeting, City Council is presented with the TBID's previous year's activities and its proposed plans for the new fiscal year. The second meeting is the Public Hearing to complete the two-step process.
Nicole Hankton, Walnut Creek Chamber of Commerce and Visitors Bureau, presented the Walnut Creek TBID annual assessment report.
Mayor Silva left the meeting at 7:16 p.m. During her absence, Mayor Pro Tem Haskew took charge of the meeting.
Economic Development Project Manager Tsui noted an update to page 10, the budget -- a reduction of $39,000 in expenses. Additonally, a memorandum was provided addressing questions posed by Councilmembers. Assistant City Manager Teri Killgore clarified the change to the budget on page 10, noting the net change is a reduction to the Chamber Support line of $39,000, which brings the 15-month total to $195,000, which then impacts the total net income/reserve and carryover cash bottom lines. She reported a revised budget will be incorporated into the assessment report and included at the next meeting.
Mayor Pro Tem Haskew opened the item for public comment; hearing no comment, she closed the public comment period.
Mayor Pro Tem Haskew requested a balance sheet be prepared in order to provide a complete set of financial records (in addition to the budget). Economic Development Project Manager Tsui stated a balalnce sheet would be incorporated and presented at the next meeting.
Motion by Francois, second by Darling,
carried unanimously
, to ADOPT RESOLUTION NO. 23-18 approving the Walnut Creek Tourism Business Improvement District (TBID) annual Assessment Report for fiscal years 2022-2023 and 2023-2024, as amended (updated budget on page 10 of the Assessment Report and to include a breakdown of fiscal years to a 3-month and 12-month budget period versus the proposed 15-month budget period); and ADOPTION OF RESOLUTION NO. 23-19 a Resolution of Intention to levy assessments for fiscal years 2023-2024 and set a public hearing for April 18, 2023.
YEAS:
Darling, Francois, Mayor Pro Tem Haskew.
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 Economic Development Project Manager Tsui introduced the item. She reported that the City established the Business Improvement District (BID) in 2005 and the South Business Improvement District (SBID) in 2010. Both the BID and SBID provide funding for beautification, marketing, promotional events, advocacy and special projects in the downtown area. The districts require an annual review by City Council and a yearly consideration of the assessment for which Walnut Creek Downtown (WCD) has prepared Annual Assessment Reports for Fiscal Years 2022-2024. Economic Development Project Manager Tsui reported that every year, the City Council must hold two meetings to review the reports and approve the levy of assessments. At the first meeting, City Council is presented with the BID and SBID's previous year's activities and the proposed plans for the new fiscal year. The second meeting is the public hearing to complete the two-step process.
Kathy Hemmenway, Walnut Creek Downtown, presented the Downtown Walnut Creek Business Improvement District and the Downtown South Walnut Creek Business Improvement District annual assessment reports.
Mayor Silva returned to the meeting at 7:40 p.m.
Mayor Silva opened the item for public comment; hearing no comment, she closed the public comment period.
Economic Development Project Manager Tsui noted a memorandum was provided addressing questions posed by Councilmembers.
Mayor Pro Tem Haskew requested a balance sheet be prepared in order to provide a complete set of financial records (in addition to the budget). Economic Development Project Manager Tsui stated a balalnce sheet would be incorporated and presented at the next meeting.
Motion by Darling, second by Mayor Pro Tem Haskew,
carried unanimously
, to ADOPT RESOLUTION NO. 23-20 approving the Downtown Walnut Creek Business Improvement District (BID) Annual Assessment Report for Fiscal Years 2022-2024; and to ADOPT RESOLUTION NO. 23-21 adopting the Resolution of Intention to Levy Assessments for Fiscal Year 2023-2024 for the BID and set a public hearing for April 18, 2023.
YEAS:
Darling, Francois, Mayor Pro Tem Haskew, Mayor Silva.
Motion by Darling, second by Mayor Pro Tem Haskew,
carried unanimously
, to ADOPT RESOLUTION NO. 23-22 approving the Downtown South Walnut Creek Business Improvement District (SBID) Annual Assessment Report for Fiscal Years 2022-2024; and to ADOPT RESOLUTION NO. 23-23 adopting a Resolution of Intention to Levy Assessments for Fiscal Year 2023-2024 for the SBID and set a public hearing for April 18, 2023.
YEAS:
Darling, Francois, Mayor Pro Tem Haskew, Mayor Silva.
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
The meeting was recessed briefly from 7:56 p.m. to 8:04 p.m. 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 Senior Planner Andrew M. Smith provided the staff presentation. He reported that the City has prepared a draft addendum to its Housing Element of the General Plan for the 2023-2031 (6th Cycle) planning period ("2023-2031 Housing Element"). The 2023-2031 Housing Element was adopted by the City Council on January 24, 2023, via Resolution No. 23-07, along with findings and determinations regarding CEQA and the HEU’s substantial compliance with state housing element law. Resolution 23-07 authorized specified modifications to the 2023-2031 Housing Element in response to potential comments from the California Department of Housing and Community Development ("HCD"). The adopted Housing Element was submitted to HCD for review and certification. Pursuant to additional discussion between the City and HCD, the Addendum was prepared to contain additional clarifications and programs to serve the policies and goals previously adopted in the 2023-2031 Housing Element.
He reported that an amended addendum was provided to the City Council, and posted online as part of the meeting record.
Mayor Silva opened the item for public comment. Oral in-person comments were received from Jan Warren. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
Motion by Francois, second by Mayor Silva,
carried unanimously
, to ADOPT THE RESOULTION 23-24 confirming and approving the 2023-2031 Housing Element Addendum, as provided in its revised format, and further amended at the meeting (Program H-2.W.5 to be editted similar to the other similar programs to note that after the words "multi-family residential districts," the following would be inserted: (outside of NDSP and WDSP areas)).
YEAS:
Darling, Francois, Mayor Pro Tem Haskew, Mayor Silva.
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. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Cindy Silva
2022-23 Mayor of the City of Walnut Creek