City Council Special Meeting- Closed Session 5pm/ Regular Meeting at 6 pm Tuesday, April 16, 2024
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
FRANCOIS
SILVA
wILK
mAYOR pRO tEM Darling
mayor Haskew
Meeting minutes were approved by the City Council on May 7, 2024.
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 5:00 PM Council Chamber, 1st Floor
1. OPENING AND PUBLIC COMMUNICATION
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. Mayor Haskew reported that under California law, public comments at special meetings are limited to subjects on the agenda only; therefore, public comments would be received at this time for the closed session item identified below. No public comments were received.
2. CLOSED SESSION (not on video)
After an opportunity for public comment, the City Council reconvened in closed session in the 2nd Floor Conference Room pursuant to:
a.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(d)(1) Name of case: Workers’ Compensation Appeals Board - Case No. ADJ17534812
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:20 p.m. _________________________________________________________________________________________________________________________________________________________ CITY COUNCIL REGULAR MEETING AT 6:00 PM
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: National Public Safety Telecommunicators Week d.
PROCLAMATION: Fair Housing Month
e.
PROCLAMATION: Employee of the Year - Matt Redmond & Team of the Year - Human Resources Recruitment Team
2. CONSENT CALENDAR
Public comments on the Consent Calendar were received from: Jan Warren (Item 2h) ; Ryan Messano (Item 2c); and Rand Britton (Item 2c). Councilmember Wilk pulled Consent Calendar Item 2c to provide comments.
Motion by Silva, second by Francois,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a, 2b and 2d-2h as follows:
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew. a.
APPROVED CITY COUNCIL MINUTES of April 2, 2024.
Minutes
b.
ACCEPTED WARRANT REGISTERS dated March 15, 2024 (2) and March 22, 2024; and DIRECT PAYROLL TRANSFERS dated March 22, 2024 (2).
Warrant Registers
d.
AWARDED CONTRACT 24-01, the Overlook Storm Drain project to FJ & I Engineering Inc., for a contract price of $166,750, with a contingency and reserve not to exceed $50,000 for an authorized total of $216,750.
Agenda Report
Attachment 1 Site Location
Attachment 2 Bid Evaluation
e.
AWARDED CONTRACT 23-12, the 2024 Slurry Seal project to VSS International, Inc. for a contract price of $794,325 with a contingency and reserve not to exceed $79,000 for an authorized total of $873,325; and TRANSFERED FUND BALANCE in the amount of $141,994 from CP010134 to CP010133 (2024 Slurry Seal project) to fund the estimated project costs.
Agenda Report
Attachment 1 Street List
Attachment 2 Bid Evaluation
f.
APPROVED TRANSFER of $370,000 from the FY24-25 General Fund Arts and Recreation Department budget and appropriate to the Capital Budget to fund the replacement of the sound system in the in the Lesher Center's Hofmann Theater.
Agenda Report
g.
AUTHORIZED THE CITY MANAGER to enter into Master Consultant Services Agreements with eight (8) consulting firms (Advanced Mobility Group (AMG); DKS Associates (DKS); Fehr & Peers; Iteris, Inc.; Kimley-Horn; Sandis; TJKM Transportation Consultants; and W-Trans) to provide traffic engineering and transportation planning services for a not-to-exceed amount of $1.25 million each for a period of no more than five (5) years starting from the contract execution date and a maximum combined cost of consultant services of $3.0 million over the next 5 years.
A revision to the motion in the Agenda Report and minor revision to Attachment 1, the Master Consultant Services Agreement, was presented as an Addendum.
Agenda Report
Attachment 1 Master Consultant Services Agreement
Attachment 2 Consultant SOQS
Addendum
h.
APPROVED a Density Bonus and Inclusionary Housing Agreement with Hope Solutions and an Affordable Housing Agreement with Grace Presbyterian Church, both for the Hope Village project.
Agenda Report
Attachment 1 Draft Density Bonus Agreement
Attachment 2 Draft Affordable Housing Agreement
c.
ADOPTION OF ORDINANCE amending Chapter 16 (Access to Reproductive Health Care Facilities) of Title 4 (Public Welfare, Morals, and Conduct) of the Walnut Creek Municipal Code to establish a restriction on the use of sound amplifiers around the reproductive health care facility located at 1357 Oakland Blvd. in the City of Walnut Creek. (Introduced 4/2/2024) Councilmember Wilk pulled Consent Calendar Item 2c to provide comments. Public comments were received from Ryan Messano and Rand Britton.
Motion by Wilk, second by Mayor Pro Tem Darling,
carried unanimously
, to ADOPT ORDINANCE NO. 2236 amending Chapter 16 (Access to Reproductive Health Care Facilities) of Title 4 (Public Welfare, Morals, and Conduct) of the Walnut Creek Municipal Code to establish a restriction on the use of sound amplifiers around the reproductive health care facility located at 1357 Oakland Blvd. in the City of Walnut Creek. (Introduced 4/2/2024) YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Ordinance
3. PUBLIC COMMUNICATIONS
Public comments were received from: Caroline Francois; Andrew Shapiro; Arvind Mallya; Greg Alcaraz; Katha Hartley; Samantha Francois; Luz Gomez, East Bay Municipal Utility District Ward 2 Director; Norman Mattloff; Emily Chang; Chris Palamo, Nor Cal Carpenters Union; Craig DeVinney; Ryan Messano; Guy Steveson; Elissa Lawson; Lynn Fanges; and Erica. Written comments were received, provided to the City Council and posted online as part of the meeting record.
Public Comment Addendum
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - none. Assistant City Attorney Claire Lai served as legal counsel in the absence of City Attorney Steve Mattas. b.
City Manager reports - Arts + Recreation Director Kevin Safine served as Acting City Manager in the absence of City Manager Dan Buckshi. 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.
The meeting was recessed from 7:26 p.m. to 7:35 p.m.
5. CONSIDERATION
a.
APPROVAL OF ASSESSMENT REPORTS AND ANNUAL LEVY OF ASSESSMENTS FOR THE DOWNTOWN WALNUT CREEK BUSINESS IMPROVEMENT DISTRICT (BID) AND DOWNTOWN WALNUT CREEK SOUTH BUSINESS IMPROVEMENT DISTRICT (SBID) FOR FISCAL YEAR 2024-2025 AND SETTING PUBLIC HEARINGS Economic Development Manager Angela Tsui introduced the item. She stated 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 2023-2025. Every year, City Council must hold two meetings to review the reports and approve the levy of assessments. At this first meeting, City Council was presented with the BID and SBID’s previous year activities and the proposed plans for the new fiscal year. Economic Development Manager Tsui reported that the second meeting is the public hearing to complete the two-step process.
Mayor Haskew opened the item for public comment; no public comments were received.
Kathy Hemmenway, Walnut Creek Executive Director, shared the BID/SBID Annual Report for Fiscal Year 2023-2024 and a look ahead for Fiscal Year 2024-2025.
Motion by Mayor Pro Tem Darling, second by Silva,
carried unanimously
, to ADOPT RESOLUTION NO. 24-15 approving the Downtown Walnut Creek Business Improvement District (BID) Annual Assessment Report for Fiscal Years 2023-2025; to ADOPT RESOLUTION NO. 24-16 approving the Downtown Walnut Creek South Business Improvement District (SBID) Annual Assessment Report for Fiscal Years 2023-2025; to ADOPT RESOLUTION NO. 24-17 a Resolution of Intention to Levy Assessments for Fiscal Year 2024-2025 for the BID and set a public hearing for May 7, 2024; and to ADOPT RESOLUTION NO. 24-18 a Resolution of Intention to Levy Assessments for Fiscal Year 2024-2025 for the SBID and set a public hearing for May 7, 2024.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 2023-25 WCD BID ANNUAL REPORT
Attachment 2 2023-25 WCD SBID REPORT
Attachment 3 DRAFT RESOLUTION TO APPROVE BID
Attachment 4 DRAFT RESOLUTION TO APPROVE SBID
Attachment 5 DRAFT BID RESOLUTION TO LEVY
Attachment 6 DRAFT SBID RESOLUTION TO LEVY
Attachment 7 WCD FINANCIALS
b.
NEW AQUATIC AND COMMUNITY CENTER AT HEATHER FARM PARK: ACTION ON AQUATICS, SUSTAINABILITY AND ESSENTIAL SERVICES OPTIONS Senior Planner Jeanine Cavalli presented the item. She reported that tonight’s presentation would include options for schematic aquatics design options, sustainability options and essential services options for the new Aquatic and Community Center at Heather Farm Park. The replacement of the existing aquatic and community centers at Heather Farm Park with a new combined aquatic center and community center facility is one of the City Council’s 2023-2024 priorities. Senior Planner Cavalli stated staff is seeking direction from the City Council on the aquatic, sustainability and essential services options in order to move forward to the design development phase.
Arts + Rec Director Kevin Safine discussed the aquatics options. He provided a summary of the direction provided at the March 5, 2024 City Council meeting and a summary of the aquatic design option changes since March 5, 2024.
Joceyln Lawrence Barish, Noll & Tam, discussed the sustainability options and the emergency & resilience options (essential services).
Project Manager Cavalli summarized the staff recommendations.
Public comments were received from: Mike Heaney, Walnut Creek Aquatic Foundation. Written comments were also received, provided to the City Council and posted online as part of the meeting record.
Motion by Francois, second by Wilk,
carried unanimously
, to DIRECT STAFF TO IMPLEMENT THE FOLLOWING OPTIONS to move the new Aquatic and Community Center at Heather Farm Park into design development phase: (1) Aquatics Option
: Implement the April 16, 2024 schematic design package for the new Aquatic Facility at Heather Farm Park; (2) Sustainability Option
: Approve LEED Silver equivalent with support for future add-on features; and (3) Essential Services Option
: Upgrade 100% of the new building to operational EOC capability.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 April 10, 2024 Aquatics Schematic Design
Attachment 2 MOU with WCAF
Attachment 3 Counsilman - Hunsaker Report
Attachment 4 WCAF Letter
Addendum
6. ADJOURNMENT OF THE REGULAR CITY COUNCIL MEETING at 9:26 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