City Council Special Meeting- Closed Session 4pm/ Regular Meeting at 6 pm Tuesday, September 3, 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 and via Zoom
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).
All Councilmembers were in attendance. Mayor Pro Tem Darling participated in the meting virtually due to a Just Cause circumstance pursuant to Government Code Section 54943(f)(1). Mayor Pro Tem Darling reporting she was feeling ill.
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 for the closed session items.
2. CLOSED SESSION
a.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1)
Coleman et al. and Garibian et al v. City of Walnut Creek Contra Costa County Superior Court, Case No. C12-02997
b.
CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Trish Raver and Jesse Lad Employee Organizations: Walnut Creek Police Officers Association (POA), and Police Management Unit (PMA)
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:40 p.m. ______________________________________________________________________________________________ CITY COUNCIL REGULAR MEETING AT 6:00 PM
Council Chamber, 1st Floor and via Zoom
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).
All Councilmembers were in attendance. Mayor Pro Tem Darling participated in the meting virtually due to a Just Cause circumstance pursuant to Government Code Section 54943(f)(1). Mayor Pro Tem Darling reporting she was feeling ill. a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance. Mayor Pro Tem Darling participated in the meeting virtually due to a Just Cause circumstance pursuant to Government Code Section 54943(f)(1). c.
OATH OF OFFICE: Karen Basting, Design Review Commissioner d.
PROCLAMATION: Service Dog Awareness Month
e.
PROCLAMATION: Diablo Valley Farmers Market
f.
PRESENTATION: Public Safety Update
g.
PRESENTATION: Development Services Update
2. CONSENT CALENDAR
Councilmember Francois pulled Consent Calendar Item 2g to provide comments. Councilmember Silva pulled Consent Calendar Item 2f to ask clarifying questions of staff. City Manager Dan Buckshi provided comments on Consent Calendar Item 2c. No public comments were received for the Consent Calendar.
Motion by Wilk, second by Silva,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a, 2b, 2d, 2e and 2h as follows:
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew. a.
APPROVED CITY COUNCIL MINUTES of August 6, 2024.
Minutes
b.
ACCEPTED WARRANT REGISTERS dated August 2, 2024 (2), August 5, 2024, August 9, 2024 (2), August 12, 2024, August 16, 2024 (3), August 23, 2024; and DIRECT PAYROLL TRANSFERS dated August 9, 2024 (2) and August 23, 2024 (2).
Warrant Registers
d.
ADOPTED RESOLUTION NO. 24-50 amending the City's Conflict of Interest Code in connection with the 2024 biennial review.
Agenda Report
Attachment 1 Resolution
Attachment 2 Red Line COI
e.
AUTHORIZED THE CITY MANAGER to enter into Master Consultant Services Agreements with six (6) consulting firms (Buehler Engineering, DCI Engineers, IMEG, SOHA Structural Engineers, Stantec Consulting Services, and Tipping) to provide on-call structural engineering consulting services for a not-to-exceed amount of $500,000 each, for a period of no more than five (5) years starting from the contract execution date, in substantially the same form as provided.
Agenda Report
Attachment MSA
h.
ADOPTED PROCLAMATION declaring September 21 - 27, 2024, as United Against Hate Week in the City of Walnut Creek.
Agenda Report
Attachment Proclamation
g.
AWARD OF CONTRACT 24-05, the Tice Valley Park Sports Field Lighting project, to Musco Sports Lighting, LLC, for a contract price of $1,083,114 and a contingency not to exceed $162,470, for an authorized total of $1,245,584.
Councilmember Francois pulled Consent Calendar 2g to provide comments. Councilmember Silva also provided comments and asked questions of staff.
Motion by Silva, second by Francois,
carried unanimously
, to AWARD CONTRACT 24-05, the Tice Valley Park Sports Field Lighting project, to Musco Sports Lighting, LLC, for a contract price of $1,083,114 and a contingency not to exceed $162,470, for an authorized total of $1,245,584.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 Project Location
Attachment 2 Contract
Attachment 3 Quote
Attachment 4 Scope
Attachment 5 Project Manual
c.
ADOPTION OF RESOLUTION approving Amendment No. 1 to the legal services agreement between the City and Redwood Public Law, LLP to implement a rate increase of five percent effective August 1, 2024.
City Manager Dan Buckshi provided comments required per State Law. He reported that Consent Calendar Item 2c is an amendment to the City Attorney contract providing for a 5% hourly rate increase effective August 1, 2024 and a 4.5% hourly rate increase effective July 1, 2025, subject to a satisfactory or better evaluation to be conducted between the timeframe of April 1 - June 30, 2025.
Motion by Francois, second by Wilk,
carried unanimously
, to ADOPT RESOLUTION NO. 24-51 approving Amendment No. 1 to the legal services agreement between the City and Redwood Public Law, LLP to implement a rate increase of five percent effective August 1, 2024.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 Resolution
Attachment 2 Amendment 1
f.
AUTHORIZATION OF THE CITY MANAGER to enter into a Joint Exercise of Powers Agreement for the construction of sidewalk and drainage improvements on San Miguel Drive with Contra Costa County, with any amendments which do not materially increase the City’s obligations, subject to approval as to form by the City Attorney.
Councilmember Silva pulled Consent Calendar Item 2f to ask questions of staff.
Motion by Mayor Pro Tem Darling, second by Silva,
carried unanimously
, to AUTHORIZE THE CITY MANAGER to enter into a Joint Exercise of Powers Agreement for the construction of sidewalk and drainage improvements on San Miguel Drive with Contra Costa County, with any amendments which do not materially increase the City's obligations, subject to approval as to form by the City Attorney.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 Proposed Improvements
Attachment 2 Joint Exercise of Powers Agreement
3. PUBLIC COMMUNICATIONS
Public comments were received from Barbara Ginos. 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.
b.
City Manager reports - City Manager Dan Buckshi announced that the City’s Citizens Institute will return this fall. 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. ADJOURNMENT OF THE CITY COUNCIL REGULAR MEETING in memoriam of William R. Hartman at 8:00 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