AGENDA
CITY COUNCIL
Mayor Loella Haskew
Mayor Pro Tem Cindy Darling
Councilmember Matt Francois
Councilmember Cindy Silva
Councilmember Kevin Wilk
DATE:
January 16, 2024
TIME:
4:00 pm - City Council Special Meeting - Closed Session 6:00 pm - City Council Regular Meeting
PLACE:
City Hall at 1666 N. Main Street, Walnut Creek - locations listed below CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 4:00 PM Council Chamber, 1st 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) - none.
2. CLOSED SESSION
After an opportunity for public comment, the City Council reconvened in closed session pursuant to:
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 b.
CONFERENCE WITH LEGAL COUNSEL - EXISTING
(Pursuant to Government Code Section 54956.9(d) (1))
Daniels v. Walnut Creek, Case No. MSC20-02285
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:55 p.m. ________________________________________________________________________________________________________________________ CONCURRENT REGULAR MEETINGS OF THE CITY COUNCIL AND PUBLIC FACILITIES FINANCING 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) - none. a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance.
c.
PROCLAMATION: Human Trafficking Awareness Month – January 2024 Addendum - Handout Received at Meeting
2. CONSENT CALENDAR
a.
APPROVAL OF CITY COUNCIL MINUTES of November 7, 2023 and December 19, 2023; and PUBLIC FACILITIES FINANCING AUTHORITY MINUTES of January 17, 2023. 11-7-23 Council Minutes
12-19-23 Council Minutes
1-17-23 PFFA Minutes
Revised -12-19-23 Council Minutes
b.
ACCEPTANCE OF WARRANT REGISTERS dated December 1, 2023 and December 8, 2023; and DIRECT PAYROLL TRANSFERS dated December 1, 2023.
Warrant Registers
c.
ADOPTION OF ORDINANCE amending certain land use regulations for the Office-Commercial (O-C) District under Title 10 (Planning and Zoning), Part II, Article 8 of the Walnut Creek Municipal Code with respect to the property located at 2079 Mt. Diablo Blvd. (Introduced 12-19-23) ORDINANCE FOR ADOPTION - 2079 MT. DIABLO BLVD. - 11223 - (INT) d.
ADOPTION OF A RESOLUTION approving the 2024 City of Walnut Creek Investment Policy.
Agenda Report (Internal) -11231 -ADOPTION OF A RESOLUTION UPDATING THE CITY S INVESTMENT POLICY ATTACHMENT - RESOLUTION - 11231 - (INT)
EXHIBIT A TO ATTACHMENT 1 - 11231 - (INT)
Addendum - Revision to Exhibit A to Attachment - 301 - Investment Policy Final 2023 e.
ADOPTION OF RESOLUTION approving the Subdivision 9556 Final Map and Subdivision Improvement Agreement for the 13-lot subdivision for single-family home residential purposes at 2670 and 2680 Walnut Boulevard.
Agenda Report (Internal) -11219 -APPROVAL OF FINAL MAP FOR SUBDIVISION 9556, 2670 2680 WALNUT BOULEVARD ATTACHMENT 1 - Draft Resolution - 11219 - (INT)
ATTACHMENT 2 - Vicinity Map - 11219 - (INT)
ATTACHMENT 3 - Final Map - 11219 - (INT)
Addendum - Revised Agenda Report and Resolution to Reflect Prior Appeal Received f.
ADOPTION OF RESOLUTION accepting a Grant of Public Access Easement and Public Utility Easement, Grant of Public Traffic Control Utility Easement, and Grant of Public Drainage Easement at 711 South Broadway (Deeds 16-004, 16-006, and 16-009 respectively) from Macerich HHF Broadway Plaza LLC to the City.
Agenda Report (Internal) - ACCEPTING A GRANT OF PUBLIC ACCESS EASEMENT AND PUBLIC UTILITY EASEMENT, GRANT OF PUBLIC TRAFFIC CONTROL UTILITY EASEMENT ATTACHMENT 1 - Proposed Resolution - (INT)
ATTACHMENT 2 - VICINITY MAP - - (INT)
ATTACHMENT 3 - EXHIBIT A - - (INT)
ATTACHMENT 3 - EXHIBIT B - - (INT)
ATTACHMENT 3 - EXHIBIT C - - (INT)
Addendum - Revised Resolution
g.
ADOPTION OF RESOLUTION authorizing the City Clerk to accept on behalf of the City to accept the Grant of Easement for Right-of-Way purposes at 2050 North California Boulevard (Deeds 22-0007 and 22-0008) from D. Bruzzone, LLC.
Agenda Report (Internal) -11221 -RESOLUTION ACCEPTING GRANTS OF EASEMENT AT 2050 N CALIFORNIA BLVD ATTACHMENT 1 - 11221 - (INT)
EXHIBIT A - DEED 22-0007 - 11221 - (INT)
EXHIBIT B - DEED 22-0008 - 11221 - (INT)
ATTACHMENT 2 - 11221 - (INT)
i.
AWARD CONTRACT 23-08, the Shadelands and Wiget Pedestrian Improvement project to FJ&I Engineering Inc., for a contract price of $303,550 with a contingency not to exceed $45,550 for an authorized total of $349,100; and AUTHORIZE THE TRANSFER OF $220,000 from the Traffic Impact Fee (TIF) to the Shadelands and Wiget Pedestrian Improvement project CP010082.
Agenda Report (Internal) -11225 -AWARD CONTRACT 23-08, SHADELANDS AND WIGET PEDESTRIAN IMPROVEMENT PROJECT ATTACHMENT 1 - PROJECT LOCATION - (INT)
ATTACHMENT 2 - BID EVALUATION - - (INT)
j.
AWARD CONTRACT 23-13, the South Locust Parking Garage Elevator Rehabilitation project to Dream Ride Engineering, Inc. for a contract price of $392,370 with a contingency not to exceed $40,000 for an authorized total of $432,370.
Agenda Report (Internal) -11218 -AWARD CONTRACT 23-13, SOUTH LOCUST PARKING GARAGE ELEVATOR REHABILITATION PROJECT Attachment - BIDDING - BID EVALUATION
k.
ACCEPTANCE OF WORK for Contract 22-04, the South Locust Street Parking Garage Elevator Rehabilitation project, as complete.
Agenda Report (Internal) -10672 -ACCEPT CONTRACT 22-04, SOUTH LOCUST PARKING GARAGE ELEVATOR REHABILITATION PROJECT l.
ACCEPTANCE OF WORK for Contract 22-18, the South Main Street Rehabilitation project, as complete; and TRANSFER $600,614 from CIP Work Order CP10059 - 2021 Arterial Overlay to CIP Work Order CP10132 - 2025 Overlay project.
Agenda Report (Internal) - -ACCEPTANCE OF WORK in Contract 22-18 South Main Street Rehabilitation Project m.
ACCEPTANCE OF WORK for Contract 22-20, the Heather Farm Park Tennis Court Resurfacing project, as complete; and transfer remaining budget balance in the amount of $52,224 from CIP Work Order CP010089 to Work Order for future court resurfacing projects.
Agenda Report (Internal) - -ACCEPTANCE OF WORK FOR CONTRACT 22-20, HEATHER FARM PARK TENNIS COURT RESURFACING PROJECT, AS COMPLETE n.
ACCEPTANCE OF WORK for Contract 22-21, the 2023 Concrete project, as complete and TRANSFER remaining balance in the amount of $95,588 from CP010119 - 2022 Slurry Seal project to CP010133 - 2024 Slurry Seal project.
Agenda Report (Internal) -11216 -ACCEPT CONTRACT 22-21 - 2023 CONCRETE PROJECT AND APPROVE CORRESPONDING TRANSFER OF FUNDS o.
AUTHORIZATION OF THE CITY MANAGER to execute the License Agreement with the Contra Costa Certified Farmers’ Market Association for use of North Locust Street.
Agenda Report (Internal) -10691 -LICENSE AGREEMENT WITH THE CONTRA COSTA CERTIFIED FARMERS’ MARKET ASSOCIATION FOR USE OF LOCUST SREET ATTACHMENT - LICENSE AGREEMENT - 10691 - (INT)
EXHIBIT A TO ATTACHMENT - 10691 - (INT)
p.
AUTHORIZATION OF THE CITY MANAGER to execute an amendment to the agreement with Granicus, LLC for annual subscription services and website redesign expenses in the amount of $35,731 for a total not to exceed amount of $750,965.
Agenda Report (Internal) -11220 - AUTHORIZATION OF THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH GRANICUS LLC q.
ADOPTION OF RESOLUTION modifying the existing loan agreement with Resources for Community Development (RCD) for the 699 YVR affordable housing development and modifying the existing regulatory agreement.
Agenda Report (Internal) -11230 -699 YVR 1 YEAR LOAN EXTENSION ATTACHMENT 1 EXISTING 699 YVR LOAN AGREEMENT - 11230 - (INT) ATTACHMENT 2 RESO 20-53 - 11230 - (INT)
ATTACHMENT 3 RESO 22-06 - 11230 - (INT)
ATTACHMENT 4 LHTF AWARD LETTER - 11230 - (INT)
ATTACHMENT 5 RCD’S REQUEST FOR LOAN AMENDMENT - 11230 - (INT) ATTACHMENT 6 PROPOSED 699 YVR LOAN AMENDMENT JANUARY 2024 - 11230 - (INT) ATTACHMENT 7 EXISTING 699 YVR REGULATORY AGREEMENT - 11230 - (INT) ATTACHMENT 8 PROPOSED 699 YVR REGULATORY AGREEMENT AND RESTRICTIVE COVENANTS AMENDMENT - 11230 - (INT) ATTACHMENT 9 699 YVR LOAN EXTENSION RESOLUTION - 11230 - (INT) ATTACHMENT 10 EXHIBITS A AND B TO PROPOSED LOAN AMMENDMENT (ATTACHMENT 6) - 11230 - (INT) r.
ACCEPTANCE OF THE SEPTEMBER 2023 INVESTMENT AND SECTION 115 PENSION TRUST REPORT.
Agenda Report (Internal) -10686 -ACCEPTANCE OF THE SEPTEMBER 2023 INVESTMENT AND SECTION 115 PENSION TRUST REPORT ATTACHMENT 1 INVESTMENT DETAIL - 10686 - (INT)
ATTACHMENT 2 SUPPLEMENTARY INFORMATION BY INVESTEMENT TYPE - 10686 - (INT) ATTACHMENT 3 SECTION 115 PENSION TRUST STATEMENT - 10686 - (INT) ATTACHMENT 4 SECTION 115 PENSION TRUST ECONOMIC OVERVIEW - 10686 - (INT) s.
ACCEPTANCE OF the 2023 Commission Attendance Reports.
Agenda Report (Internal) -11228 -ACCEPTANCE OF THE 2023 COMMISSION ATTENDANCE REPORTS.
ATTACHMENT - ATTENDANCE REPORTS - 11228 - (INT)
h.
ADOPTION OF RESOLUTION authorizing the allocation of FY2023 General Fund unassigned fund balance Agenda Report (Internal) -11226 -ADOPTION OF RESOLUTION AUTHORIZING THE ALLOCATION OF FY23 GENERAL FUND UNASSIGNED FUND BALANCE.
ATTACHMENT 1 DRAFT RESO - 11226 - (INT)
ATTACHMENT 2 - POLICY 302 USE OF ONE-TIME REVENUS AND GENERAL FUND SURPLUSES - 11226 - (INT) ATTACHMENT 3 - RESOLUTION 12-36 - 11226 - (INT)
3. PUBLIC COMMUNICATIONS
General Public Comment Received Prior to Meeting
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - none.
b.
City Manager reports - City Manager Dan Buckshi provided an update regarding the East Bay Economic Development Association of which the City is a member, noting that the association is considering making public safety and retail theft its number one priority. He also discussed the Governor’s State budget proposal. c.
City Councilmember reports on AB1234 Activities, Councilmember assignments and various activities and upcoming events
5. CONSIDERATION
a.
BOUNDARY OAK DRIVING RANGE IMPROVEMENT PROJECT FUNDING
Agenda Report (Internal) -10442 -BOUNDARY OAK DRIVING RANGE IMPROVEMENT PROJECT FUNDING ATTACHMENT 1 - RESOLUTION AUTHORIZING GENERAL FUND LOAN TO BOUNDARY OAK GOLF COURSE - 10442 - (INT) ATTACHMENT 2 - BOUNDARY OAK PROCONLIST FINANCING ALTERNATIVES (1) - 10442 - (INT) ATTACHMENT 3 - PRELIMDSANALYSIS - WALNUT CREEK 12.27.23 - 10442 - (INT) Addendum - Public Comment Received Prior to Meeting
6. ADJOURNMENT OF THE CONCURRENT REGULAR MEETINGS OF THE CITY COUNCIL AND PUBLIC FACILITIES FINANCING AUTHORITY at 7:08 p.m.
The agenda and minutes with links to staff reports are available on the City’s website:
https://www.walnutcreekca.gov/
(click on "Public Meetings - Video" under the "Online Services" tab) All meetings are televised live on Comcast Channel 28 (Channel 26 in Rossmoor), Astound Channel 31, and on AT&T U-verse Channel 99. Meetings are repeated the following Saturday at 1 p.m. and Sunday at 6 p.m. The meetings are also web cast live and are available for archive viewing at: https://www.walnutcreekca.gov/government/public-meeting-agendas-and-video.
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.
If you wish to request a disability-related modification or accommodation, please contact the City Clerk’s office at (925) 943-5818, preferably the day prior to the meeting. If you are bringing hand-outs for Council, eight copies are appreciated.