City Council Special Meeting: Closed Session - 4:00 PM & City Council Regular Meeting - 6:00 PM Tuesday, May 2, 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 16, 2023.
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 4:00 PM Council Chamber, 1st Floor and 3rd Floor Conference Room, 3rd Floor
1. OPENING AND PUBLIC COMMUNICATIONS
Consider and take action on any request from a Councilmember to participate in a meeting remotely due to emergency circumstances pursuant to Government Code Section 54953(f)(1). Receive notice that a Councilmember is participating in the meeting due to just cause circumstances pursuant to Government Code Section 54953(f)(1).
Mayor Silva noted for the record that Mayor Pro Tem Haskew is 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 participating remotely due to an emergency circumstance pursuant to Government Code Section 54953(f)(1).
Motion by Darling, second by Francois,
carried unanimously
, to APPROVE Mayor Pro Tem Haskew's request to participate in the meeting remotely due to an emergency circumstance pursuant to Government Code Section(f)(1).
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
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 for the closed session items; therefore, the City Council reconvened in the 3rd Floor Conference Room for the closed session discussion.
2. CLOSED SESSION (not on video)
The City Council reconvened in closed session in the 3rd Floor Conference Room pursuant to:
a.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code section 54957)
Title: City Manager
b.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code section 54957)
Title: City Attorney
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION: The closed session was continued to the end of the regular City Council meeting. ___________________________________________________________________________________________________________________________________________________ CONCURRENT REGULAR MEETINGS: (video recording resumes here) CITY COUNCIL AND PARKING AUTHORITY AT 6:00 PM
Council Chamber, 1st Floor
1. OPENING
Consider and take action on any request from a Councilmember to participate in a meeting remotely due to emergency circumstances pursuant to Government Code Section 54953(f)(1). Receive notice that a Councilmember is participating in the meeting due to just cause circumstances pursuant to Government Code Section 54953(f)(1).
Mayor Silva noted for the record that Mayor Pro Tem Haskew is 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 also noted for the record that Mayor Pro Tem Haskew is participating remotely due to an emergency circumstance pursuant to Government Code Section 54953(f)(1).
Motion by Mayor Silva, second by Francois,
carried unanimously
, to APPROVE Mayor Pro Tem Haskew's request to participate in the meeting remotely due to an emergency circumstance pursuant to Government Code Section(f)(1).
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva. a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance (Mayor Pro Tem Haskew attended via teleconference due to an emergency circumstance). c.
PROCLAMATION: Affordable Housing Month
2. CONSENT CALENDAR
Mayor Silva pulled Consent Calendar Item 2c to ask clarifying questions of staff. No public comments were received for items on the Consent Calendar.
Motion by Darling, second by Francois,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a, 2b and 2d-2j* as follows:
YEAS: Darling, Francois, Wilk*, Mayor Pro Tem Haskew, Mayor Silva. *Councilmember Wilk noted he is abstaining from voting on Consent Calendar Item 2j. a.
APPROVED CITY COUNCIL MINUTES of April 18, 2023 (see Parking Authority minutes for action on the Parking Authority minutes of May 3, 2022).
APR 18 2023 DRAFT Meeting Minutes
MAY 03 2022 DRAFT Parking Authority Meeting Minutes
b.
ACCEPTED WARRANT REGISTERS dated April 14, 2023 and April 21, 2023; and DIRECT PAYROLL TRANSFERS dated April 21, 2023.
Warrant Registers
d.
ADOPTED RESOLUTION NO. 23-29 accepting subdivision improvements for Subdivision 9408 located at 9408, 2619, 2623, 2627, 2633, 2637, 2641, 2645 Smith Ranch.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - VICINITY MAP
ATTACHMENT 3 - FINAL MAP
e.
ACCEPTED the December 31, 2022 Investment and Section 115 Pension Trust Report.
Agenda Report
ATTACHMENT 1 - INVESTMENT DETAIL
ATTACHMENT 2 - SUPPLEMENTARY INFORMATION BY NVESTMENT TYPE ATTACHMENT 3 - SECTION 115 PENSION TRUST STATEMENT
ATTACHMENT 4 - SECTION 115 PENSION TRUST ECONOMIC OVERVIEW 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).
Agenda Report
ATTACHMENT - RESOLUTION NO. 23-09
g.
AWARDED CONTRACT 22-17, the Bonanza Street Pedestrian Improvement project, to Kerex Engineering, Inc., for a contract price of $224,449 with a contingency not to exceed $44,890 for an authorized total of $269,339.
Agenda Report
ATTACHMENT 1 - PROJECT LOCATION
ATTACHMENT 2 - BID EVALUATION
h.
AUTHORIZED THE CITY MANAGER to execute a contract with D. Foskett Trucking for on-call trucking in an amount not to exceed $100,000 per year with an option to renew such agreement for up to two 2-year periods.
Agenda Report
ATTACHMENT 1 - DRAFT AGREEMENT
ATTACHMENT 2 - BID RECAP
i.
AUTHORIZED THE CITY MANAGER to execute an agreement with Granicus LLC for annual subscription services in the amount of $715,243.87 for a term of 5 years, beginning on July 1, 2023, and execute an amendment with Granicus, LLC for $8,400 in additional website redesign expenses for a total contract not to exceed $91,000.
Agenda Report
j.
AUTHORIZED THE CITY MANAGER to execute an amended agreement with Insight Public Sector SLED for the remaining two years of a three-year agreement for Microsoft licenses in an amount up to $170,000 annually, and not to exceed $340,000 for the remaining two-year period.
NOTE: Councilmember Wilk abstained from voting on Consent Calendar Item 2j.
Agenda Report
ATTACHMENT - SLED QUOTE APR 1 2023 - MAR 30 2024
c.
ADOPTION OF A RESOLUTION establishing a Measure O Citizens’ Oversight Committee and approve its operating by-laws.
Mayor Silva pulled Consent Calendar Item 2c to asK questions of staff.
Motion by Mayor Silva, second by Francois,
carried unanimously
, to ADOPT RESOLUTION NO. 23-30 establishing a Measure O Citizens' Oversight Committee and approve its operating by-laws as amended at the meeting (edits to IV(g) Committee Structure - Vacancies and Removal and VI Termination of Committee).
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
ATTACHMENT 1 - MEASURE O ORDINANCE
ATTACHMENT 2 - MEASURE O CITIZENS’ OVERSIGHT COMMITTEE BYLAWS ATTACHMENT 3 - DRAFT RESOLUTION
3. PUBLIC COMMUNICATIONS
Remote public comments were received from Pete Bennett (User ID: WalnutCreekPolice.com). 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 - City Attorney Mattas reported that the 4 pm Closed Session (Special Meeting) is continued to the end of the 6 pm Regular Meeting. 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.
PRELIMINARY REVIEW OF PROPOSED GENERAL PLAN AMENDMENT AND SPECIFIC PLAN AMENDMENT FOR A SEVEN-STORY MIXED-USE DEVELOPMENT WITH 275 RESIDENTIAL UNITS (APPLICATION NO. Y23-032) Associate Planner Jessica Gonzalez provided the staff presentation. She reported that the applicant, Carl Campos of LCA Architects, is proposing to redevelop eight parcels and the adjacent Stow Avenue right-of-way for a seven-story, mixed-use development with 275 units and 5,000 square feet of ground floor commercial space. The 1.84-acre site is currently developed with a mix of single-family homes, duplexes, and two small commercial buildings, all of which would be demolished. This application is for a preliminary review of proposed General Plan and Specific Plan Amendments. Pursuant to Section 10-9.105 of the Walnut Creek Municipal Code, the City Council may either 1) deny the proposed amendments, or 2) direct staff to continue to process the proposed amendments through a formal application. The proposed project will also require a rezoning, design review approval, tree removal permits, and an affordable housing density bonus.
Carl Campos of LCA Architects presented the proposal.
Mayor Silva opened the item for public comment. Oral in-person comments were received from: Carlos de Rubira, representing Almond-Shuey neighbors; Kevin O’Donnell; Fritz Burden; Emily Blanck; Katie Martini; Chris Liberman; George Aufiero; Chris Tyrrell; Frank Pappas; Susan de Rubira; Phillip Battaglia; Bernadette Howen; Robert Schoenfeld; Jeremy Lamb; Jan Warren; Bill Todderoff; Joe Campi; and Kevin Burke, East Bay for Everyone. Remote public comments were received from: Tim Vos; Abid Qureshi; Amy Bode; Alex Ghenis; Jamie Salcido; George Taylor; Jane Olshever; Susan Wallace-Reif; and Ed. Written public comments also received and provided to the City Council, and posted online as part of the meeting record.
The meeting was recessed from 8:40 p.m. to 8:53 p.m.
Motion by Mayor Silva, second by Francois,
carried
, to DENY the project as proposed (General Plan Amendment and Specific Plan Amendment for a seven-story mixed-use development with 275 residential units), but keep discussion open for an alternative project.
YEAS:
Darling, Francois, Mayor Silva.
NOES:
Wilk, Mayor Pro Tem Haskew.
Agenda Report
ATTACHMENT 1 - VICINITY AND AERIAL MAP
ATTACHMENT 2 - APPLICANT’S LETTER
ATTACHMENT 3 - PROJECT PLANS
ATTACHMENT 4 - PROPOSED ZONING TABLE (PD BASED ON THE MU-R) ATTACHMENT 5 - DEVELOPMENT STANDARDS (MU-D, D3, AND MU-R) ATTACHMENT 6 - EXCERPTS FROM THE SPECIFIC PLAN (WDSP)
Addendum - Public Comment Prior to Meeting
Addendum - Public Comment Prior to Meeting II
b.
CONSIDERATION OF URGENCY ORDINANCE TO EXTEND URGENCY ORDINANCE NO. 2219 TO MAY 2024, PERTAINING TO CONTINUATION OF THE REBOUND PROGRAM WITH AMENDMENTS REFLECTIVE OF PRIOR CITY COUNCIL ACTION TO MAY 16, 2024 Economic Development Manager Collette Hanna provided the staff presentation. She reported that on May 17, 2022, City Council adopted Urgency Ordinance No. 2219 of the City Council continuing the Rebound Program. On June 21, 2022, in order to ensure the Rebound Program remained in place until an Outdoor Dining Policy and related Zoning Code amendments were adopted, the City Council extended Urgency Ordinance No. 2219 through adoption of Urgency Ordinance No. 2223. The Urgency Ordinance is set to expire on June 30, 2023 and the proposed Urgency Ordinance would extend the Rebound Program to May 16, 2024.
Mayor Silva opened the item for public comment; hearing no comment, she closed the public comment period.
City Attorney Mattas clarified the motion for the record -- the motion is to introduce, waive reading and adopt the Urgency Ordinance continuing the Rebound Program, with amendments reflective of prior City Council action, to May 16, 2024.
Motion by Darling, second by Mayor Pro Tem Haskew,
carried unanimously
, to INTRODUCE, WAIVE READING AND ADOPT URGENCY ORDINANCE NO. 2233 pursuant to Goverment Code Section 65858 extending Urgency Ordinance No. 2219 continuing the Rebound Program, with amendments reflective of prior City Council action, to May 16, 2024.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
ATTACHMENT - DRAFT URGENCY ORDINANCE EXTENDING URGENCY ORDINANCE NO. 2219
6. CONSIDERATION
a.
FISCAL YEAR 2024 AND 2025 GENERAL FUND AND MEASURE O BUDGET OVERVIEW Budget Manager Katie Bruner provided the staff presentation. She reported that every two years, the City Council adopts a budget that provides the spending plan to govern city operations. City staff has begun development of the City of Walnut Creek’s Fiscal Year 2024 and 2025 (FY24 and FY25) biennial budget in preparation for adoption by the City Council in June 2023. This first review of the General Fund and Measure O budgets provides an opportunity for the Council to provide input and feedback to staff regarding development of the operating budget, including potential uses of Measure O funds. Staff will return to the Finance Committee and City Council with more detailed recommendations for the FY24 and FY25 General Fund & Measure O Budgets for review and feedback as part of the budget development process.
Mayor Silva opened the item for public comment. Oral in-person comments were received from: Lauren McCormick, Walnut Creek Library Foundation; Fran Gibson; Marcia McLean; and Jan Warren. No remote public comments were received. Written public comments also received and provided to the City Council, and posted online as part of the meeting record.
The City Council provided input regarding the development of the General Fund and Measure O budgets for FY24 and FY25.
Mayor Pro Tem Haskew made a motion to fund addtional library hours at 52 hours per week at both the Walnut Creek and Ygnacio Valley libraries. Councilmember Wilk provided a sustitute motion to fund addtional library hours at 56 hours per week at both Walnut Creek libraries. The substitute motion died due to lack of a second.
Motion by Mayor Pro Tem Haskew, second by Mayor Silva,
carried unanimously
, to fund addtional library hours at 52 hours per week at both the Walnut Creek and Ygnacio Valley libraries YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
Addendum - Public Comment Prior to Meeting
7. CLOSED SESSION
After an opportunity for public comment on the Closed Session item (no public comments were received), the City Council reconvened in closed session at 10:30 p.m. in the 3rd Floor Conference Room pursuant to:
a.
CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steve Mattas
Unrepresented employee: City Manager
b.
CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Dan Buckshi
Unrepresented employee: City Attorney
8. ADJOURNMENT OF THE CONCURENT REGULAR MEETINGS: CITY COUNCIL AND PARKING AUTHORITY at 10:38 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