City Council Special Meeting at 3:30 and Concurrent Regular Meetings - Council and Parking Authority at 6:00 pm Tuesday, May 7, 2024
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
FRANCOIS
SILVA
wILK
mAYOR pRO tEM Darling
mayor Haskew
Meeting minutes approved by the City Council during the Regular Meeting on May 21, 2024.
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 3:30 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 stated that under California law, public comments at special meetings are limited to subjects on the agenda only. Written comments were received, provided to the City Council and posted online as part of the meeting record.
Addendum Public Comment
2. CLOSED SESSION
After an opportunity for public comment, the City Council reconvened in closed session in the 2nd Floor Conference Room 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, Employee Unit (WCEA) and Confidential Unit b.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Pursuant to Government Code Section 54956.9(d)(2))
Significant Exposure to Litigation: Number of Cases - one
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:58 p.m. _________________________________________________________________________ CONCURRENT REGULAR MEETINGS: 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) - none. a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance.
c.
PROCLAMATION: National Police Week
d.
PROCLAMATION: Jewish American Heritage Month
e.
PRESENTATION: Youth Presidential Service Awards
f.
PRESENTATION: Walnut Creek Open Space 50th Anniversary- Walnut Creek Historical Society
2. CONSENT CALENDAR
Motion by Silva, second by Mayor Pro Tem Darling,
carried unanimously
, to APPROVE THE CONSENT CALENDAR as follows, including the revised Funding Agreement with the Contra Costa Transportation Authority (Attachment) to Consent Calendar Item 2e as provided at the meeting and posted on-line as part of the meeting record.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew. a.
APPROVED CITY COUNCIL MINUTES of April 16, 2024 (see Parking Authority minutes for action on the Parking Authority minutes of May 2, 2023).
City Council April 16, 2024 Minutes
Parking Authority May 2, 2023 Minutes
b.
ACCEPTED WARRANT REGISTERS dated March 29, 2024 (2) and April 5, 2024 (2); and DIRECT PAYROLL TRANSFERS dated April 5, 2024 (2).
Warrant Registers
c.
ADOPTED RESOLUTION 24-19 accepting the Walnut Creek Police Department Annual Military Equipment Report for 2023, continuing Ordinance No. 2215, and continuing the Department's Military Equipment Policy 708.
Agenda Report
Attachment 1 WCPD Annual Military Equipment Report 2023 Attachment 2 Policy 708
Attachment 3 Ordinance 2215
Attachment 4 Draft Resolution
d.
APPROVED the proposed new logo and color palette related to the marketing effort for the Shadelands Property and Business Improvement District.
Agenda Report
Attachment Logo and Color Palette
e.
AUTHORIZED THE CITY MANAGER to enter into a Funding Agreement with Contra Costa Transportation Authority (CCTA) for the Smart Signals Project (the funding agreement was approved as provided in its revised format at the meeting).
A revised Funding Agreement with the Contra Costa Transportation Authority (Attachment) was provided at the meeting and posted on-line as part of the meeting record.
Agenda Report
Attachment Funding Agreement CCTA Smart Signals
Addendum
f.
AUTHORIZED THE CITY MANAGER to execute a three-year lease amendment with Marilyn B. Clarkin Trust for the Lesher Center for the Arts' scene shop located at 988 Howe Road, Martinez.
Agenda Report
Attachment 1 Current Lease
Attachment 2 First Ammendment
g.
AWARDED CONTRACT 23-11, the Wiget Lane Pavement Rehabilitation project to JV Lucas Paving, Inc. for a contract price of $1,224,265 with a contingency and reserve not to exceed $122,435.00 for an authorized total of $1,346,700; and APPROPRIATED $1,003,147 in the Shadelands Park Maintenance Fund (Fund 183) to CP010131 - 2024 Arterial Overlay to fund Contract 22-11.
Agenda Report
Attachment 1 Project Location
Attachment 2 Bid Evaluation
h.
ACCEPTED WORK for Contract 22-17, Bonanza Street Pedestrian Improvement project, as complete.
Agenda Report
3. PUBLIC COMMUNICATIONS
Public comments were received from: Mardi Veiluva; Bill P.; Barbara Ginos; Marjorie Wallace; Elise Fornaci; Susan Bomba; Anina Dalsin; Rev. Leslie Takahashi; Pam Whitman; Christine Donohoe; Chelsie Wechsler; Hardy Miller; Mary Taylor; Susan Hildreth; Annette Ramirez, Teamsters 856; Krystie B.; Sherri Goldsmith; and Evan Smith. Written comments were received, provided to the City Council and posted online as part of the meeting record.
Addendum Public Comment
Public Comment Received in Meeting
The meeting was recessed from 6:57 p.m. to 7:08 p.m.
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - none.
b.
City Manager reports - City Manager Dan Buckshi noted a dashboard has launched relating to the the A3 mental health response program. He also recognized the City Clerk’s office in honor of Municipal Clerk’s Week. 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.
A SEAT AT THE TABLE PILOT PROGRAM EVALUATION AND OPTIONS Administrative Analyst II Ryndie Azevedo provided the staff presentation. She reported that the City Council approved the A Seat at the Table pilot program at the August 2, 2022 City Council Meeting. A Seat at the Table was initiated by the Youth Leadership Commission and the pilot program added a youth seat to the Arts, Transportation, and PROS commissions. Administrative Analyst II Azevedo reported that the pilot period has concluded, and the City Council is asked to consider options for the future of youth seats on the Arts, Transportation, and Park, Recreation, and Open Space (PROS) commissions.
Public comments were received from: Ella Kopper; William Alexander Montgomery; Julia Chao; Renee Joseph; Angie Yao; and Brendan Moran.
Motion by Silva, second by Francois,
carried unanimously
, to make the youth seats on the Arts; Park, Recreation and Open Space; and Transportation Commissions permanent, with additional direction that the terms be 2 years in length, term dates align with the school year and that the three seats are to be staff appointed with involvement from the Youth Leadership Commission.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Motion by Silva, second by Mayor Haskew,
carried
, to limit the A Seat at the Table program to one, two-year term in order to ensure that more youth in the community have an opportunity to participate in the program.
YEAS:
Francois, Silva, Wilk, Mayor Haskew.
NOES:
Mayor Pro Tem Darling.
Agenda Report
Attachment 1 Youth Member Responsibilities Expectations Attachment 2 Program Evaluation Survey Summary
Attachment 3 Program Evaluation Survey Response Charts
6. PUBLIC HEARINGS
a.
ADOPT RESOLUTIONS CONFIRMING ASSESSMENT REPORTS AND LEVYING ANNUAL ASSESSMENTS FOR THE DOWNTOWN WALNUT CREEK BUSINESS IMPROVEMENT DISTRICT (BID) AND DOWNTOWN WALNUT CREEK SOUTH BUSINESS IMPROVEMENT DISTRICT (SBID) FOR FISCAL YEAR 2025 Mayor Haskew reported on the public hearing process. She reported that in order for the City to levy assessments, the City Council must first conduct a public hearing to hear and consider all protests against the levy of assessments.
Economic Development Manager Angela Tsui discussed the item further. She reported that the City established the Downtown Walnut Creek Business Improvement District (BID) in 2005 and the Downtown Walnut Creek 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 yearly consideration of the assessment for which Walnut Creek Downtown has prepared Annual Assessment Reports for Fiscal Years 2023-25. The City Council was asked to confirm the BID and SBID Annual Assessment Reports for FY 2023-25 and levy the annual assessments for FY 2024-25.
No written protests were received and therefore, the City Council could proceed in making a decision on the matter.
Motion by Mayor Pro Tem Darling, second by Wilk,
carried unanimously
, to ADOPT RESOLUTION NO. 24-20 confirming the Downtown Walnut Creek Business Improvement District (BID) Annual Assessment Report for Fiscal Years 2023-2025 and levying the annual assessment for Fiscal Year 2024-2025; and to ADOPT RESOLUTION NO. 24-21 confirming the Downtown Walnut Creek South Business Improvement District (SBID) Annual Assessment Report for Fiscal Years 2023- 2025 and levying the annual assessment for Fiscal Year 2024-2025.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 Resolution Confirming BID
Attachment 2 Resolution Confirming SBID
The meeting was recessed from 8:10 p.m. to 8:15 p.m.
b.
CONSIDERATION OF A DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT; PROPOSED AMENDMENTS TO THE GENERAL PLAN, NORTH DOWNTOWN SPECIFIC PLAN (NDSP), AND THE MUNICIPAL CODE; AND A DEVELOPMENT AGREEMENT, TO CREATE A NEW MIXED USE SPECIAL DISTRICT (MUSD) OVERLAY DISTRICT IN THE AUTOMOBILE SALES/SERVICE AND CUSTOM MANUFACTURING (AS-CM) ZONING City Council Ex Parte Contacts Disclosure - Councilmembers noted that they all had met with the applicant and/or representatives. Additionally, Mayor Pro Tem Darling and Councilmember Silva were part of the Toyota Walnut Creek ad hoc committee.
Darin Neufeld, Consulting Staff, Harris & Associates provided the presentation on behalf of City staff. He reported that Toyota Walnut Creek ("Applicant") is seeking approval of amendments to the Walnut Creek General Plan, the North Downtown Specific Plan ("NDSP"), and the Zoning Ordinance (Municipal Code), and approval of a Development Agreement, to create a new Mixed Use Special District (the "MUSD" or "MUSD Overlay") in the form of an overlay zoning district in the Auto Sales/Service and Custom Manufacturing (AS-CM) District. The MUSD would apply to 6.2 acres of land ("MUSD area") that the Applicant controls or owns. The proposed legislative amendments are referred to as the "Walnut Creek Mixed Use Special District Project" (Application No. Y21-025) or the "Project". The Project consists of legislative amendments only and does not include specific development proposals at this time.
David Bowlby and Stephen Scanton, representing the applicant, discussed the project further.
Public comment were received from John D. and Chris Palomo.
Motion by Mayor Pro Tem Darling, second by Silva,
carried unanimously
, to ADOPT RESOLUTION NO. 24-22 certifying the Supplemental Environmental Impact Report (SCH No. 2021060184) for the Walnut Creek Mixed Use Special District Project, including adoption of relevant findings and the Mitigation, Monitoring, and Reporting Program.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Motion by Silva, second by Mayor Pro Tem Darling,
carried unanimously
, to ADOPT RESOLUTION NO. 24-23 amending a General Plan Amendment and North Downtown Specific Plan Amendment for Application No. Y21-025; to INTRODUCE AND WAIVE READING OF AN ORDINANCE amending Title 10 (Planning and Zoning) of the Walnut Creek Municipal Code, adopting an Overlay Zone, and amending the Zoning maps, to create a Mixed Use Special District Overlay located on 2100 North Main, 2150 North Broadway, and 2100 North Broadway in the Automobile Sales/Service and Custom Manufacturing (AS-CM) District in the North Downtown Specific Plan for the Walnut Creek Mixed Use Special District Project; and to INTRODUCE AND WAIVE READING OF AN ORDINANCE approving a Development Agreement by and between the City of Walnut Creek and TWC Property Holdings, LLC for the Walnut Creek Mixed Use Special District Project.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 CEQA Resolution
Exhibit A to Attachment 1 Draft SEIR
Appendix A NOP and Public Comment Letters to Attachment 1, Exhibit A Appendix B Comparative Summary of Potential Impacts to Attachment 1, Exhibit A Appendix C Air Quality Greenhouse Gas and Energy Supporting Information to Attachment 1, Exhibit A Appendix D Biological Resources Supporting Information to Attachment 1, Exhibit A Appendix E Cultural and Tribal Cultural Resources Supporting Information to Attachment 1, Exhibit A Appendix F Geology and Soils Supporting Information to Attachment 1, Exhibit A Appendix G Hazards and Hazardous Materials Supporting Information to Attachment 1, Exhibit A Appendix H Hydrology and Water Quality Supporting Information to Attachment 1, Exhibit A Appendix I Noise Supporting Information to Attachment 1, Exhibit A Appendix J Transportation Supporting Information to Attachment 1, Exhibit A Appendix K Utilities Supporting Information to Attachment 1, Exhibit A Exhibit B to Attachment 1 Final EIR
Exhibit C to Attachment 1 MMRP
Exhibit D to Attachment 1 Findings of Facts
Attachment 2 GP and NDSP Resolution
Exhibit A to Attachment 2 General Plan Amendment
Exhibit B to Attachment 2 NDSP Amendment
Attachment 3 Ordinance for MUSD Zoning Overlay
Attachment 4 Ordinance for Development Agreement
Exhibit A to Attachment 4 Development Agreement
Exhibit B to Attachment 4 Development Agreement Exhibits Attachment 5 Walnut Creek Mixed Use Special District Site Figure
7. ADJOURNMENT OF THE CONCURENT REGULAR MEETINGS: CITY COUNCIL AND PARKING AUTHORITY at 9:32 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