CITY COUNCIL
Mayor Cindy Darling
Mayor Pro Tem Kevin Wilk
Councilmember Craig DeVinney
Councilmember Matt Francois
Councilmember Cindy Silva
DATE:
December 17, 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 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.
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 LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
City of Walnut Creek v. Windsor Capital Group, et. al. (Case No. C23-02534)
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:00 p.m. _____________________________________________________________________________________________ CITY COUNCIL REGULAR MEETING 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.
2. CONSENT CALENDAR
a.
APPROVAL OF CITY COUNCIL MINUTES of November 19, 2024 and December 3, 2024.
Minutes November 19, 2024
Minutes December 3, 2024
b.
ACCEPTANCE OF WARRANT REGISTERS dated November 15, 2024, November 8, 2024(2), November 27, 2024 (2) and December 5, 2024; and DIRECT PAYROLL TRANSFERS dated November 15, 2024(2) and November 27, 2024.
Warrant Register 1
Warrant Register 2
c.
ADOPTION OF RESOLUTION approving the Salary and Wage Plan dated and effective as of December 22, 2024.
Agenda Report
Attachment Draft Resolution with Exhibit A
d.
ADOPTION OF RESOLUTION authorizing the City Clerk to accept the Grant of Public Access Easement for the purpose of providing ADA-compliant access to the public along the frontage of San Luis Road at 2501 North Main Street (Deed 22-0006) from United Brother’s Enterprise, Inc., a California Corporation, to the City.
Agenda Report
Attachment 1 - Proposed Resolution
Attacment 2 - Vicinty Map
Attachment 3- Grant of Easement
e.
ADOPTION OF RESOLUTION accepting the report of Development Impact Fees and Expenditures for the Fiscal Year ending June 30, 2024; and ACCEPTANCE OF the findings regarding unexpended funds.
Agenda Report
Attachment 1 - Proposed Resolution
Attachment 2 - Summary of Developer Fee Fund Balances as of June 30, 2024.
Attachment 3 - Active Developer Fee Funded Projects as of June 30, 2024 Attachment 4 - 2024-2033 Ten-Year Capital Improvement Plan g.
ADOPTION OF RESOLUTION authorizing the allocation of Fiscal Year 2024 General Fund and Measure O unassigned fund balances.
Agenda Report
Attachment 1- Draft Resolution
Attachment 2 - Policy 302 - Use of One-Time Revenues and GF Surpluses Attachment 3- Resolution 12-36 Amending the Fund Balance Policy in Accordance with Governmental Accounting Standards Board Statement No. 54.
Attachment 4 - Measure O FY24 Year-End Revenue and Expenditure Update and Audtio h.
ADOPTION OF RESOLUTION authorizing the City Manager to execute a License Agreement with the California Military Department for the purpose of operating a temporary homeless shelter at the Walnut Creek Armory, and take such further actions as may be necessary to implement the License Agreement.
Agenda Report
Attachment 1 - Homeless Shelter Government Code
Attachment 2 - Trinity Shelter Management Agreement 2023-2026 Attachment 3 - Winters Shelter Outcomes 2023-24
Attacment 4 - Trinity Center Evening Program Operating Plans 2024-25 Attachment 5 - TSP Walnut Creek License Agreement 2024-25 Attachment 6- Emergency Shelter Eligable Parcels
Attachment 6- Emergency Shelter Eligable Parcels
Attachment 7 - Planning Commission Staff Report
Attachment 8 - Draft Resolution
i.
ADOPTION OF RESOLUTION updating the Records Retention Schedule, authorizing the destruction of certain City records as provided by Government Code Section 34090 et seq., and rescinding Administrative Policy No. 80-3, Records Retention Program.
Agenda Report
Attachment - Draft Resolution with Exhibit
j.
ADOPTION OF RESOLUTION approving the Subdivision 9608 Final Map and Subdivision Improvement Agreement for the 17-lot subdivision for single-family home residential purposes at 730 and 748 Minert Road, The Minert Residences.
Agenda Report
Attachment 1- Draft Resolution
Attachment 2- Vicinity Map
Attachment 3 - Final Map
Attachment 3 - Final Map
k.
AWARD OF CONTRACT 24-08, the Trinity Avenue and Oakland Boulevard Bike Improvement project, to Sierra Traffic Markings, Inc., for a contract price of $145,885, and a contingency not to exceed $20,000, for an authorized total of $165,885.
Agenda Report
Attachment 1 - Project Location
Attachment 2 - Bid Evaluation
o.
AUTHORIZATION OF THE CITY MANAGER to enter into a contract to purchase real property within the proposed new sidewalk at 4016 Walnut Boulevard in Walnut Creek for the Safe Routes to School project.
Agenda Report
Attachment 1- Plan Map
Attachment 2- Agreement
Attachment 3 - Final Map
m.
AUTHORIZATION OF THE CITY MANAGER to execute a five-year lease agreement with Rudy and Tina Spitz, dba Urban Loxx Salon, for use of the premises at 1605 Locust Street, Walnut Creek.
Agenda Report
Attachment - Lease Agreement with Urban Lox Salon
n.
AUTHORIZATION OF THE CITY MANAGER to enter into Master Consultant Services Agreements with three (3) consulting firms (Indigo/Hammond & Playle Architects, Loving Campos Associates Architects inc. (LCA) and Perkins- Eastman Architects) to provide various general architecture 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 1- Master Consultant Services Agreement
Attachment 2 - Selected Architects SOQs
q.
ACCEPTANCE OF THE SEPTEMBER 2024 Investment and Internal Revenue Service Section 115 Pension Trust Report.
Agenda Report
Attachment 1 - Investment Detail
Attachment 2- Supplementary Information by Investment
Attachment 3 - Walnut Creek Section 115 Pension Trust Statement Attachment 4 - Walnut Creek Section 115 Pension Trust Economic Overview r.
APPROVAL OF the third amendment and extension of the Law Enforcement Services Agreement with Macerich HHF Broadway Plaza.
Agenda Report
Attachment 1 - Third Ammendment
Attachment 2- Second Ammendment
Attachment 3 - First Ammendment
Attachment 4 - Original Agreement
s.
APPROVAL OF 2025 Councilmember Assignments and Appointments as submitted by Mayor Darling.
Council Assignments 2025
f.
ACCEPTANCE OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT for the fiscal year ended June 30, 2024.
Agenda Report
Attachment 1 - City of Walnut Creek, California- ACFR FY24 Attachment 2 - FY24 Appropriation Limit CALC (GANN LIMIT) Attachment 3 - FY24 Change in Fund Balance- GF
Attachment 4 - FY24 Year End Budget Summary GF
Attachment 5 - FY24 Auditor’s Required Communications
Attachment 6 - Draft SEFA
l.
AWARD OF CONTRACT 24-09, the Heather Farm Park Synthetic Sport Field project, to Carone and Company, for a contract price of $6,001,600 for the Base Bid plus Bid Alternate 1 (Sports Field 1 & 2) with a contingency not to exceed $450,000, for an authorized total of $6,451,600; APPROVAL OF TRANSFERS of remaining balances CP009913 - Civic Park and Heather Farm Park Master Plans, CP009988 - Bocce at Larkey and Rudgear Park Conceptual Planning, CP009989 - Various Parks - Par Course, CP009990 - Community Gardens, CP009992 - Old Oak Park Trail and CP010074 - Arbolado Park Improvements back to Source in Fund 158 - Park In-Lieu Fund; AUTHORIZATION OF THE CITY MANAGER to transfer $250,000 from CP00994 - Tice Ballfield Lights back to Source in Fund 011 - Measure O, and appropriation of $1,500,000 of General Fund Facility Reserve, $250,000 of Measure O, and $927,638 of Fund 158 - Park In-Lieu in CP010165 - Heather Farm Synthetic Fields 1 & 2; and DIRECTION TO STAFF to designate money received from the Walnut Creek Soccer Club to the General Fund Facilities Reserve.
Agenda Report
Attachment 1 - Project Location
Attachment 2 - Bid Evaluation
Correspondence
p.
AUTHORIZATION OF PURCHASE of 130 APX N70 handheld radios from Motorola, in an amount not to exceed $1,024,784, to be partially funded by the Department of Justice Community Oriented Policing Services (COPS) Technology and Equipment Program (TEP) invitational solicitation grant award.
Agenda Report
Attachment 1 -Motorola N70 Quote
Attachment 2 - Motorola APX 6000 Quote
3. PUBLIC COMMUNICATIONS
Correspondence
Public Comment Handout
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcement - none.
b.
City Manager reports - none.
c.
City Councilmember reports on AB1234 Activities, Councilmember assignments and various activities and upcoming event
5. CONSIDERATION
a.
CITY COUNCIL 2023-2024 PRIORITIES UPDATE
Agenda Report
Attachment 1 - 2023-2024 City Council Priorities
Attachment 2 - City Council Priorities Work Plan Progress Report Attachment 3 - Economic Development Action Plan
Attachment 4 - Summary of Work Completed 2023-24
Correspondence
6. PUBLIC HEARING
City Council Ex Parte Contacts Disclosure - none.
a.
WAIVE READING AND INTRODUCE AN ORDINANCE AMENDING THE MUNICIPAL CODE TO UPDATE PROVISIONS FOR FAMILY DAY CARE HOMES TO CONFORM TO STATE LAW Agenda Report
Attachment 1- Draft Ordinance
Attachment 2 - SB234
Attachment 3 - Planning Commission Resolution
Addendum
b.
APPEAL OF A PLANNING COMMISSION DECISION TO REVOKE THE ADMINISTRATIVE USE PERMIT (NO. Y20-010) AT 1411 LOCUST STREET, DIA Y NOCHE Agenda Report
Attachment 1 - PC Adopted Resolution
Attachment 2- City Council Draft Resolution
Attachment 3 - Planning Commission Agenda Packet
Attachment 3 - Planning Commission Agenda Packet
Attachment 4 - Appeal from Dia Y Noche
Correspondence
7. ADJOURNMENT OF THE CITY COUNCIL REGULAR MEETING at 9:13 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.