City Council Meetings - Special 5 pm and Regular 6 pm *Amended Agenda* Tuesday, April 18, 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 May 2, 2023.
CITY COUNCIL SPECIAL MEETING AT 5:00 PM
Council Chamber, 1st Floor / 3rd Floor Conference Room
1. OPENING AND PUBLIC COMMUNICATIONS
a.
NOTICE FROM MAYOR PRO TEM HASKEW of remote meeting attendance due to a just cause circumstance pursuant to Government Code Section 54953(f)(1).
Mayor Silva noted for the record that Mayor Pro Tem Haskew was attending the meeting remotely. Mayor Pro Tem Haskew reported that she is recovering from knee replacement surgery and will be participating remotely per AB 2449. City Attorney Steve Mattas also noted for the record that Mayor Pro Tem Haskew is participaing remotely due to a just cause circumstance pursuant to Government Code Section 54953(f)(1).
Mayor Silva reported that under California law, public comments at special meetings are limited to subjects on the agenda only. No public comments were received and the City Council reconvened in the 3rd Floor Conference Room for the Closed Session discussion.
2. CLOSED SESSION (not on video)
a.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
Name of case: In re National Prescription Opiate Litigation, United States District Court, Northern District of Ohio, Case No. 1:17-MD-02804
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:15 p.m. ___________________________________________________________________________________________________________________________________________________ CITY COUNCIL REGULAR MEETING AT 6:00 PM (meeing video resumes here) Council Chamber, 1st Floor
1. OPENING
a.
PLEDGE OF ALLEGIANCE
b.
NOTICE FROM MAYOR PRO TEM HASKEW of remote meeting attendance due to a just cause circumstance pursuant to Government Code Section 54953(f)(1).
Mayor Silva noted for the record that Mayor Pro Tem Loella Haskew is attending the meeting remotely. Mayor Pro Tem Haskew reported that she is recovering from knee replacement surgery; will be participating remotely per AB 2449; and disclosed that no other individual is present in the room. c.
ROLL CALL - all Councilmembers were in attendance (Mayor Pro Tem Haskew attended via teleconference due to a just cause circumstance). d.
PRESENTATION: Northgate High School German Exchange Students e.
PROCLAMATION: Fair Housing Month
f.
PROCLAMATION: Cleaner Contra Costa Month
g.
PROCLAMATION: National Library Week
2. CONSENT CALENDAR
Mayor Silva 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 for Consent Calendar Item 2d. No oral in-person or remote public comments were received relating to the Consent Calendar.
Motion by Wilk, second by Francois,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-f, 2h and 2i as follows:
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva. a.
APPROVED CITY COUNCIL MINUTES of March 21, 2023.
MAR 21 2023 - Meeting Minutes
b.
ACCEPTED WARRANT REGISTERS dated March 17, 2023, March 24, 2023, March 31, 2023 and April 7, 2023; and DIRECT PAYROLL TRANSFERS dated March 24, 2023 and April 7, 2023.
Warrant Registers
c.
ADOPTION OF RESOLUTION NO. 23-25 supporting the local, state, and federal efforts to exonerate the Port Chicago 50.
Agenda Report
ATTACHMENT - DRAFT RESOLUTION
d.
AUTHORIZED PURCHASE of four (4) 2023 Chevrolet Bolt Electric Utility Vehicles for the Community Development Department in the amount of $150,089.25 to be funded from the City's 610 Vehicle Replacement Fund.
Written public comments were received and provided to the City Council, and posted online as part of the meeting record for Consent Calendar Item 2d.
Agenda Report
ATTACHMENT 1 - CHEVROLET BOLT EUV QUOTE
ATTACHMENT 2 - CMAS CONTRACT
Addendum - Public Comment Prior to Meeting
e.
AUTHORIZED THE CITY MANAGER to accept $362,420 in restoration fees collected from PG&E for non-emergency work completed by PG&E on Ygnacio Valley Road during the roadway pavement moratorium and transfer the fees collected to the South Main Street Rehabilitation Project CP010059 as part of the City's Pavement Management Program.
Agenda Report
ATTACHMENT - ENG POLICY
f.
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); and transfer $187,300 from CP10124 into CP10129 to complete the repair work at Lakewood Circle.
Agenda Report
ATTACHMENT 1 - RESOLUTION 23-09
ATTACHMENT 2 - BID SCHEDULE FORM
h.
APPROVED AND ISSUED REPORT describing the measures taken to alleviate the conditions which led to the adoption of Urgency Ordinance No. 2219 pertaining to continuing the Rebound Program.
Agenda Report
ATTACHMENT - REPORT
EXHIBIT A - URGENCY ORDINANCE NO. 2219
i.
APPROVED the appropriation of $80,000 from the Facilities Replacement Internal Services Fund to replace the filter grid system and repair pump systems at Clarke Swim Center.
Agenda Report
g.
AUTHORIZATION OF THE CITY MANAGER to enter into a Master Consultant Services Agreement and Task Order No. 1 for Project Management Services for the Aquatic and Community Center at Heather Farm Park project with Griffin Structures in the amount of $605,000.
Mayor Silva pulled Consent Calendar Item 2g to ask questions of staff.
Motion by Mayor Silva, second by Wilk,
carried unanimously
, to AUTHORIZE THE CITY MANAGER to enter into a Master Consultant Services Agreement and Task Order No. 1 for Project Management Services for the Aquatic and Community Center at Heather Farm Park project with Griffin Structures in the amount of $605,000.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
ATTACHMENT 1 - MASTER AGREEMENT - GRIFFIN STRUCTURES
ATTACHMENT 2 - TASK ORDER 1 FOR PROJECT MANAGEMENT SERVICES ATTACHMENT 3 - ATTACHMENT A FOR TASK ORDER 1
3. PUBLIC COMMUNICATIONS
Oral in-person comments were received from: Patrick Lyon; Pam Maloney; Aarthi Shiva; Julie Welsh; Shiva Sundaram; and Phil Winslow. 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.
General Public Comment - Received Prior to Meeting
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - City Attorney Steve Mattas reported that the City Council, by a 5-0 vote, authorized the City to opt-in to the national settlement in relation to the use of opioids. The settlement is with the stores CVS, Walgreens, Walmart and two pharmaceutical companies, Allergan and Teva. The City along with a number of other cities will be opting into a negotiated national settlement that provides funds to address substance abuse issues that arise. b.
City Manager reports - City Manager Dan Buckshi announced that the City continues to work with Contra Costa County and neighboring cities regarding the A3 mental health crisis response program. A significant milestone was reached in early April, in that the number of crisis response teams was increased to 15 from the current 3. 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.
ADOPT RESOLUTION CONFIRMING ASSESSMENT REPORT AND ANNUAL LEVY OF ASSESSMENTS FOR THE WALNUT CREEK TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) FOR FISCAL YEAR 2023-2024 Economic Development Project Manager Angela Tsui provided the staff presentation. She reported that the City of Walnut Creek established the Walnut Creek Tourism Business Improvement District (TBID) in December 2010 with the purpose of promoting tourism within the City by funding activities through a levy of assessments upon the hotels that will benefit from those activities. In accordance with applicable provisions of the California Streets and Highways Code, the TBID Advisory Board has prepared an Annual Assessment Report for Fiscal Years 2022 - 2024. Every year City Council must hold two meetings to review the report and approve the levy of assessments. A presentation of the TBID’s previous year’s activities and its proposed plans for the new fiscal year was presented at the March 21, 2023 City Council meeting. City Council’s feedback included the request to have a balance sheet attached to the Annual Assessment Report, as well as two separate budgets to account for the full fiscal year and the short year as the Chamber of Commerce & Visitors Bureau moves to align itself with the City’s fiscal year reporting. The holding of this public hearing and the adoption of a resolution confirming the assessment report and levying the annual assessment will conclude the final step in this annual process.
Mayor Silva opened the public hearing. She invited any undelivered written protests be delivered. No bid protests were received. There being no one to speak to the item, Mayor Silva closed the public hearing.
Motion by Mayor Pro Tem Haskew, second by Darling,
carried unanimously
, to ADOPT RESOLUTION NO. 23-26 confirming the Walnut Creek Tourism Business Improvement District Annual Assessment Report for Fiscal Years 2022-2024 and levying the annual assessment for Fiscal Year 2023-2024.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
ATTACHMENT 1 - UPDATED WC TBID ASSESSMENT REPORT FY 22-23 AND 23-24 ATTACHMENT 2 - DRAFT RESOLUTION TBID ASSESSMENT REPORT
b.
ADOPT RESOLUTIONS CONFIRMING ASSESSMENT REPORTS AND LEVYING ANNUAL ASSESSMENTS FOR THE DOWNTOWN WALNUT CREEK BUSINESS IMPROVEMENT DISTRICT (BID) AND DOWNTOWN WALNUT CREEK SOUTH BUSINESS IMPROVEMENT DISTRICT (SBID) FOR FISCAL YEAR 2023-2024 Economic Development Project Manager Angela Tsui provided the staff presentation. 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. Every year, City Council must hold two meetings to review the reports and approve the levy of assessments. A presentation of the BID and SBID’s previous year’s activities and its proposed plans for the new fiscal year was presented at the March 21, 2023 City Council meeting. City Council’s feedback included the request to have a balance sheet attached to the annual Assessment, as well as year-end financials. The holding of this Public Hearing and confirmation of the assessment report will conclude the final step in this annual process.
Mayor Silva opened the public hearing. She invited any undelivered written protests be delivered. No bid protests were received. There being no one to speak to the item, Mayor Silva closed the public hearing.
Motion by Darling, second by Mayor Pro Tem Haskew,
carried unanimously
, to ADOPT RESOLUTION NO. 23-27 confirming the Downtown Walnut Creek Business Improvement District (BID) Annual Assessment Report for Fiscal Years 2022-2024 and levying the annual assessment for Fiscal Year 2023-2024; and to ADOPT RESOLUTION NO. 23-28 confirming the Downtown Walnut Creek South Business Improvement District (SBID) Annual Assessment Report for Fiscal Years 2022-2024 and levying the annual assessment for Fiscal Year 2023-2024.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
ATTACHMENT 1 - UPDATED DOWNTOWN WALNUT CREEK BID ANNUAL ATTACHMENT 2 - UPDATED DOWNTOWN WALNUT CREEK SBID ANNUAL ATTACHMENT 3 - DRAFT RESOLUTION CONFIRMING THE DOWNTOWN WALNUT CREEK BID ANNUAL ASSESSMENT REPORT FOR FISCAL YEARS 2022-2024 ATTACHMENT 4 - DRAFT RESOLUTION CONFIRMING THE DOWNTOWN WALNUT CREEK SBID ANNUAL ASSESSMENT REPORT FOR FISCAL YEARS 2022-2024 The meeting was recessed from 7:26 - 7:32 p.m.
6. CONSIDERATION
a.
RECOMMENDATIONS FROM THE COMMUNITY-BASED DIVERSITY, EQUITY, AND INCLUSION TASK FORCE City Manager Buckshi introduced the item. Communications and Community Relations Manager Betsy Burkart provided background information. She reported that the City Council authorized the creation of a Diversity, Equity, and Inclusion (DEI) Task Force on July 7, 2020, following a series of events that the Council considered warranted a more focused approach. The Task Force was charged with developing recommendations to bring to the City Council within a time frame of up to two years. The Task Force has completed its goal and recommendations are ready for consideration.
DEI Task Force members introduced themselves and presented their recommendations.
Mayor Silva opened the item for public comment. Oral in-person comments were received from: Ogie Strogatz; Katherine Walley; Jan Warren; Laura Halpin; 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.
The meeting was recessed from 8:56 - 9:06 p.m.
The City Council provided feedback on the recommendations. The City Council agreed to an on-going commitment to DEI work, noting it adopted DEI as one of its 5 priorities in February. Staff will develop workplans to further DEI efforts based upon the feedback received. No formal action was taken.
Agenda Report
ATTACHMENT 1 - COMMUNITY LISTENING SESSIONS
ATTACHMENT 2 - COWC SURVEY REPORT
ATTACHMENT 3 - FINAL RECOMMENDATIONS FROM WC DEI TASK FORCE Addendum - Public Comment Prior to Meeting
7. ADJOURNMENT OF THE REGULAR CITY COUNCIL MEETING at 9:38 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