City Council Special Meeting 4 pm / Concurrent Regular Meetings - City Council and PFFA 6 pm Tuesday, January 16, 2024
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
FRANCOIS
SILVA
wILK
mAYOR pRO tEM Darling
mayor Haskew
Meeting minutes are considered draft until approved by the City Council.
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.
All Councilmembers were in attendance (Councilmember Francois arrived at 4:04 p.m.). Mayor Haskew reported that under California law, public comments at special meetings are limited to subjects on the agenda only. No public comments were received.
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
Mayor Haskew reported that Consent Calendar Item 2q is pulled from the agenda and will return at a future City Council meeting. Councilmember Silva pulled Consent Calendar Item 2h to ask questions of staff. Addendums were provided for Consent Calendar Items 2a, 2d, 2e and 2f.
Motion by Silva, second by Francois,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-2g, 2i-2p, 2r and 2s as follows:
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew. a.
APPROVED CITY COUNCIL MINUTES of November 7, 2023 and December 19, 2023 (as amended) (for action on the Public Facilities Financing Authority (PFFA) minutes, see PFFA minutes of January 17, 2023).
A revised set of minutes were provided for the December 19, 2023 City Council meeting. 11-7-23 Council Minutes
12-19-23 Council Minutes
1-17-23 PFFA Minutes
Revised -12-19-23 Council Minutes
b.
ACCEPTED WARRANT REGISTERS dated December 1, 2023 and December 8, 2023; and DIRECT PAYROLL TRANSFERS dated December 1, 2023.
Warrant Registers
c.
ADOPTED ORDINANCE NO. 2235 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.
ADOPTED RESOLUTION NO. 24-01 approving the 2024 City of Walnut Creek Investment Policy.
An addendum was provided as it relates to the Investment Policy, Policy No. 301 (Exhibit A to Attachment).
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.
ADOPTED RESOLUTION NO. 24-02 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.
A revised agenda report and Attachment (Resolution) were provided to reflect that a prior appeal had been received.
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.
ADOPTED RESOLUTION NO. 24-03 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.
A revised Resolution (Attachment) was provided to correct a typo to the first "whereas" clause.
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.
ADOPTED RESOLUTION NO. 24-04 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.
AWARDED 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 AUTHORIZED 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.
AWARDED 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.
ACCEPTED 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.
ACCEPTED WORK for Contract 22-18, the South Main Street Rehabilitation project, as complete; and TRANSFERED $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.
ACCEPTED 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.
ACCEPTED WORK for Contract 22-21, the 2023 Concrete project, as complete and TRANSFERED 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.
AUTHORIZED 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.
AUTHORIZED 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.
Consent Calendar Item 2q was pulled from the agenda and will return at a future City Council meeting.
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.
ACCEPTED 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.
ACCEPTED 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 Councilmember Silva pulled Consent Calendar Item 2h to ask questions of staff.
Motion by Silva, second by Francois,
carried unanimously
, to ADOPT RESOLUTION NO. 24-05 authorizing the allocation of FY2023 General Fund unassigned fund balance YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
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
Public comments were received from Pete Bennett. Written public comments were received, 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 - 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 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.
BOUNDARY OAK DRIVING RANGE IMPROVEMENT PROJECT FUNDING
Arts and Recreation Director Kevin Safine provided the staff presentation. He reported that the Boundary Oak Golf Course driving range requires significant upgrades to provide a higher quality experience to patrons, maximize revenue that can be reinvested in the self-sustaining facility, improve maintenance, and reduce negative environmental impacts. The all-inclusive cost to remodel the driving range is estimated at $4.7 million. With construction anticipated to occur in summer 2024, the City Council is presented with a recommendation to fund this project with an internal General Fund loan.
Mayor Haskew opened the item for public comment. Public comments were received from Bob D. Written public comments were received, provided to the City Council and posted online as part of the meeting record.
Motion by Wilk, second by Mayor Pro Tem Darling,
carried unanimously
, to ADOPT RESOLUTION NO. 24-06 authorizing an internal General Fund loan in the amount of $4,721,000 with a term of 15 years and a fixed interest rate of 2.75% to the Boundary Oak Golf Course Enterprise Fund, and authorizing increased appropriations in the Capital Budget by $721,000 for the driving range improvements projects.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
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. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Loella Haskew
2023-24 Mayor of the City of Walnut Creek