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:
December 19, 2023
TIME:
6:00 PM - City Council Regular Meeting
PLACE:
City Council Chamber, 1666 N. Main St., Walnut Creek
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 4:00 PM Council Chamber, 1st Floor
1. OPENING AND PUBLIC COMMUNICATIONS
2. CLOSED SESSION
a.
CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representatives: Trish Raver, Kelly Guertin & Jesse Lad Employee Organizations: Department Directors (Unrepresented), Civilian Police Unit (Teamsters 856), General Management Unit, Professional Unit, General Employee Unit (WCEA) and Confidential Unit
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:30 p.m. ________________________________________________________________________________________________________________________ CITY COUNCIL REGULAR MEETING 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) - none. a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance.
2. CONSENT CALENDAR
a.
APPROVAL OF CITY COUNCIL MINUTES of November 14, 2023 and December 5, 2023. 11-14-23 Minutes
12-5-23 Minutes
b.
ACCEPTANCE OF WARRANT REGISTERS dated November 3, 2023, November 9, 2023, November 17, 2023 and November 22, 2023; and DIRECT PAYROLL TRANSFERS dated November 3, 2023 and November 17, 2023.
Warrant Registers
c.
ADOPTION OF A RESOLUTION approving the Salary and Wage Plan dated and effective as of December 24, 2023.
Agenda Report
ATTACHMENT - DRAFT RESOLUTION - 10474 - (INT)
EXHIBIT A - SALARY AND WAGE PLAN DATED AND EFFECTIVE AS OF DECEMBER 24, 2023 - 10474 - (INT) d.
ADOPTION OF A RESOLUTION authorizing the Mayor to execute the Grant of Pedestrian Access Easement Agreement and Grant of Vehicular Access Easement Agreement (1380 North California Blvd) from Rescore WCMCD LLC.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION - 10662 - (INT)
ATTACHMENT 2 - PEDESTRIAN ACCESS AGREEMENT - 10662 - (INT) ATTACHMENT 3 - VEHICULAR ACCESS AGREEMENT - 10662 - (INT) ATTACHMENT 4 - VICINITY MAP - 10662 - (INT)
e.
ADOPTION OF RESOLUTION authorizing the Mayor to accept the Grant of Right-of-Way at 230 La Casa Via in fee from John Muir Health.
Agenda Report
ATTACHMENT 1 - PROPOSED RESOLUTION - 10665 - (INT)
ATTACHMENT 2 - VICINITY MAP - 10665 - (INT)
ATTACHMENT 3 - DEED 23-0005 - 10665 - (INT)
f.
ADOPTION OF RESOLUTION approving the payment of a fee in-lieu of providing two on-site parking spaces for the Stereo 41 restaurant proposed at 1535 Bonanza Street.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION - 10692 - (INT)
ATTACHMENT 2 - AERIAL IMAGE, VICINITY MAP, SITE PHOTOS - 10692 - (INT) ATTACHMENT 3 - PARTIAL FLOOR PLAN AND SITE PLAN - 10692 - (INT) ATTACHMENT 4 - P-R PARKING REGULATIONS - 10692 - (INT)
ATTACHMENT 5 - IN-LIEU PARKING FEE CALCULATION - 10692 - (INT) g.
ADOPTION OF RESOLUTION accepting the report of Development Impact Fees and Expenditures for the Fiscal Year ending June 30, 2023, and accepting the findings regarding unexpended fees.
Agenda Report
ATTACHMENT 1 - RESOLUTION - 10681 - (INT)
ATTACHMENT 2 - FY23 FUND BALANCES - 10681 - (INT)
ATTACHMENT 3 - FY23 PROJECTS - 10681 - (INT)
ATTACHMENT 4 - 2024-2033 TEN YEAR CIP - 10681 - (INT)
h.
ADOPTION OF RESOLUTION authorizing the City Manager to execute an amendment to the Consultant Services Agreement with Harris and Associates up to a not-to-exceed amount of $500,000 to provide finalize the Safety Element portion to the City’s Housing Element and Safety Element Updates; and amending the FY24 budget to increase the FY24 appropriation by $38,000 in the General Plan Update Fund to a total appropriation of $258,019.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION - 10677 - (INT)
ATTACHMENT 2 - FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT - 10677 - (INT) ATTACHMENT 2 - EXHIBIT A - PROPOSAL TO PROVIDE ADDITIONAL HOUSING AND SAFETY ELEMENT WORK TO THE CITY OF WALNUT CREEK - 10677 - (INT) ATTACHMENT 2 - EXHIBIT B - HARRIS TIME AND MATERIALS RATES - 10677 - (INT) ATTACHMENT 3 - ORIGINAL CONSULTANT SERVICES AGREEMENT - 10677 - (INT) i.
AUTHORIZATION OF THE CITY MANAGER to execute a three-year software license agreement, with two, one-year extensions with Peregrine Technologies, Inc., for a not to exceed $725,000, subject to approval as to form by the City Attorney.
Agenda Report
ATTACHMENT 1 - PEREGRINE CUSTOMER ORDER FORM - - (INT) ATTACHMENT 2 - PEREGRINE PROPOSAL PRESENTED TO WALNUT CREEK POLICE DEPARTMENT - - (INT) ATTACHMENT 3 - SINGLE SOURCE PROCUREMENT MEMO - 10680 - (INT) Addendum to Attachment 2 - PEREGRINE PROPOSAL PRESENTED TO WALNUT CREEK POLICE DEPARTMENT j.
APPROVAL AND AUTHORIZATION OF THE CITY MANAGER to submit an updated response letter for Grand Jury Report No. 2306 -“Affordable Housing: A Plan Without A Home.” Agenda Report
ATTACHMENT 1 - GRAND JURY REPORT NO. 2306 - 10455 - (INT) - - (INT) ATTACHMENT 2 - GRAND JURY RESPONSE LETTER - 10455 - (INT) UPDATED - - (INT) ATTACHMENT 3- GRAND JURY FOLLOW- UP LETTER - - (INT)
k.
ACCEPTANCE OF $291,007 from the Contra Costa Area Agency on Aging (AAA); AUTHORIZED the City Manager to execute a contract and any necessary amendments with AAA to provide the one-time kitchen repair funds to cover infrastructure and equipment needs at the Civic Park Community Center; and APPROPRIATED the grant funds into the Capital Budget.
Agenda Report
l.
ACCEPTANCE OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT AND COMPLIANCE REPORTS for the fiscal year ended June 30, 2023.
Agenda Report
ATTACHMENT 1_City of Walnut Creek, California - ACFR (FY23) ATTACHMENT 2_FY23 GANN LIMIT - 10687 - (INT)
ATTACHMENT 3_CHANGE IN FB FY23 - 10687 - (INT)
ATTACHMENT 4_FY23 YEAR END GF BUDGET SUMMARY - 10687 - (INT) ATTACHMENT 5_WALNUT CREEK FY23 RC SIGNED - 10687 - (INT) ATTACHMENT 6_WALNUT CREEK FY23 MOIC - 10687 - (INT)
ATTACHMENT 7_SEFA FY23 DRAFT - 10687 - (INT)
m.
APPROVAL OF 2024 Councilmember Assignments and Appointments as submitted by Mayor Haskew.
Agenda Report
Addendum - Updated Council Member Assignment List
3. PUBLIC COMMUNICATIONS
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 announced that the City has launched a new website, www.walnutcreekca.gov. c.
City Councilmember reports on AB1234 Activities, Councilmember assignments and various activities and upcoming events
5. PUBLIC HEARING
a.
ZONING CODE TEXT AMENDMENT FOR 2079 MT. DIABLO TO ALLOW HOUSING MINISTERIALLY WITH 20% AFFORDABLE UNITS Agenda Report
ATTACHMENT 1 - DRAFT ORDINANCE FOR ZONING TEXT AMENDMENT CEQA DETERMINATION - 10685 - (INT) ATTACHMENT 2 - VICINITY AND AERIAL MAP - 10685 - (INT)
ATTACHMENT 3 - WDSP LAND USE DISTRICTS - 10685 - (INT)
ATTACHMENT 4 - SUPPLEMENTAL ENVIRONMENTAL ANALYSIS- CEQA GUIDELINES 15162 AND 15168 ATTACHMENT 5 - PLANNING COMMISSION RESO NO. 3942_REC TO CC - 10685 - (INT) Addendum - Public Comment Received Prior to Meeting
b.
CONSIDERATION AND ACTION ON PROPOSED PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS AGREEMENT INCLUDING THE RELATED EXEMPT SURPLUS LAND DETERMINATION, ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION AS SET FORTH IN SUBDIVISION MAP NO. 4006, TREE REMOVAL PERMIT APPEALS, IMPROVEMENT AGREEMENT, MAINTENANCE AGREEMENT, AND COVENANT NOT TO OPPOSE ANNEXATION AND ASSOCIATED CEQA COMPLIANCE DETERMINATIONS ALL IN RELATION TO CITY ACTIONS RELATED TO THE COUNTY-APPROVED SPIEKER SENIOR COMMUNITY CARE RETIREMENT COMMUNITY PROJECT Agenda Report
ATTACHMENT 1 - CEQA Resolution
ATTACHMENT 2 - Reso. of Exempt Surplus Land
ATTACHMENT 3 - Resolution approving PSA for Lot A
ATTACHMENT 4 - Accepting Irrevocable Offer of Dedication ATTACHMENT 5 - Council Resolution Denying Tree Removal Appeals ATTACHMENT 6 - Approving Improvement Agreement
ATTACHMENT 7 - Resolution Approving Maintenance Agreement ATTACHMENT 8 - Resolution Approving Covenant Not to Oppose Annexation ATTACHMENT 9 - Depiction of Lot A and Kinross ROW
ATTACHMENT 10 - Summary of Issues and Responses Regarding Tree Removal Appeals ATTACHMENT 11 - EIR Reference List
ATTACHMENT 12 - Nov 30 PC report and attachments
ATTACHMENT 13 - PC Resolution No. 3943
ATTACHMENT 14 - Link to County Website for Spieker Senior Continuing Care Community Project ATTACHMENT 15 - Public Comments Received 1 of 9
ATTACHMENT 15 - Public Comments Received 2 of 9
ATTACHMENT 15 - Public Comments Received 3 of 9
ATTACHMENT 15 - Public Comments Received 4 of 9
ATTACHMENT 15 - Public Comments Received 5 of 9
ATTACHMENT 15 - Public Comments Received 6 of 9
ATTACHMENT 15 - Public Comments Received 7 of 9
ATTACHMENT 15 - Public Comments Received 8 of 9
ATTACHMENT 15 - Public Comments Received 9 of 9
Addendum No. 1 - Supplemental Materials Planning Commission Reso. 3944 and Staff Report Item 2b from 12-14-2023 Addendum No. 2 - Correspondence Received Since the Distribution of the Agenda Report - Batch 1 Addendum No. 3 - Correspondence Received Since the Distribution of the Agenda Report - Batch 2 Addendum No. 4 - Correspondence Received Since the Distribution of the Agenda Report - Batch 3 Addendum No. 5 - Correspondence Received Since the Distribution of the Agenda Report - Batch 4 Written Correspondence Received at the Meeting 1a of 2
Written Correspondence Received at the Meeting 1b of 2
Written Correspondence Received at the Meeting 1c of 2
Written Correspondence Received at the Meeting 1d of 2
Written Correspondence Received at the Meeting 2 of 2
6. ADJOURNMENT OF THE CITY COUNCIL REGULAR MEETING at 11:02 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.