City Council Closed Session 4pm/ Regular Meeting at 6 pm Tuesday, December 17, 2024
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
DEVINNEY
FRANCOIS
sILVA
mAYOR pRO tEM Wilk
mayor Darling
Meeting minutes were approved by the City Council at the regular meeting held on January 21, 2025.
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.
All Councilmembers were in attendance. Mayor Darling 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 item.
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
Mayor Pro Tem Darling pulled 2l from the Consent Calendar. Councilmember Silva pulled Items 2f and 2p from the Consent Calendar.
Motion by Francois, second by Mayor Pro Tem Wilk,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-e, 2g-k, 2m-o and 2q-s as follows:
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling. a.
APPROVED CITY COUNCIL MINUTES of November 19, 2024 and December 3, 2024.
Minutes November 19, 2024
Minutes December 3, 2024
b.
ACCEPTED 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.
ADOPTED RESOLUTION NO. 24-71 approving the Salary and Wage Plan dated and effective as of December 22, 2024.
Agenda Report
Attachment Draft Resolution with Exhibit A
d.
ADOPTED RESOLUTION NO. 24-72 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.
ADOPTED RESOLUTION NO. 24-73 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.
ADOPTED RESOLUTION NO. 24-74 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.
ADOPTED RESOLUTION NO. 24-75 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.
ADOPTED RESOLUTION NO. 24-76 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.
ADOPTED RESOLUTION NO. 24-77 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.
AWARDED 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.
AUTHORIZED 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.
AUTHORIZED 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.
AUTHORIZED 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.
ACCEPTED 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.
APPROVED 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.
APPROVED THE 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.
Councilmember Silva pulled Consent Calendar Item 2f to ask questions of staff.
Motion by Silva, second by Mayor Darling,
carried unanimously
, to ACCEPT THE ANNUAL COMPREHENSIVE FINANCIAL REPORT for the fiscal year ended June 30, 2024.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling.
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.
Mayor Darling pulled Consent Calendar Item 2l to provide comments.
Public comments were received from Steve Chappell, Walnut Creek Soccer Club. Written comments were received, provided to the City Council and posted online as part of the meeting record.
Motion by Mayor Pro Tem Wilk, second by Silva,
carried unanimously
, to 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; APPROVE 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; AUTHORIZE 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 DIRECT STAFF to designate money received from the Walnut Creek Soccer Club to the General Fund Facilities Reserve.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling.
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.
Councilmember Silva pulled Consent Calendar Item 2p to provide comments.
Motion by Silva, second by DeVinney,
carried unanimously
, to AUTHORIZE THE 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.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling.
Agenda Report
Attachment 1 -Motorola N70 Quote
Attachment 2 - Motorola APX 6000 Quote
3. PUBLIC COMMUNICATIONS
Public comments were received from: David Harder (provided handout); Jan Warren; and Brendan Moran. Written public comments were received, provided to the City Council and posted online as part of the meeting record.
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 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.
CITY COUNCIL 2023-2024 PRIORITIES UPDATE
Deputy City Manager Carla Hansen provided the staff presentation. She reported that tonight’s staff report serves as a quarterly update on work completed or in progress for each of the five strategic priorities identified by the City Council for calendar years 2023-2024.
Public comments were received from Jan Warren. Written comments were received, provided to the City Council and posted online as part of the meeting record.
The City Council received the City Council Priorities update; no formal action was taken.
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
The meeting was recessed from 7:55-8:04 p.m.
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 Principal Planner Aaron Sage provided the staff presentation. He reported that in 2019, Governor Newsom signed Senate Bill (SB) 234 to amend various provisions of the California Health and Safety Code (HSC) that govern the use of family daycare homes, including HSC Section 1597.41, et seq. The bill made substantive changes to family daycare home definitions, restricted local governments from imposing regulations, business licenses, fees, or taxes on such homes, and required that local governments remove special requirements for large family daycare homes and treat both small and large family daycare homes alike. Currently, various sections within the City’s Zoning Code and Business License Code still reflect requirements on Family Day Care Homes that are no longer authorized under HSC Section 1597.41, et seq., as well as definitions of Small and Large Family Day Care Homes that are not in conformance with state law. The proposed amendments would bring these Walnut Creek Municipal Code sections into compliance with HSC Section 1597.41, et seq.
An Errata to the Ordinance was provided to the City Council and posted online as part of the meeting record.
No public comments were received.
Motion by Francois, second by Silva,
carried unanimously
, to WAIVE FIRST READING AND INTRODUCE AN ORDINANCE making CEQA exemption findings under Section 15274 of the CEQA Guidelines and amending Title 10 (Planning and Zoning), Chapter 2 (Zoning Ordinance) and Title 8 (Finance, Revenue, and Taxation), Chapter 6 (Business Licensing) of the Walnut Creek Municipal Code regarding Family Day Care Homes to conform to state law, as provided in the Errata.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling.
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 Assistant City Attorney Kimia Mahalati provided the staff presentation. She reported that at its public meeting on November 14, 2024, the Walnut Creek Planning Commission made specific findings that Dia Y Noche is operating in violation of its Administrative Use Permit ("AUP") in a manner contrary to public health, safety and welfare. The Commission voted unanimously to revoke the AUP, requiring Dia Y Noche to cease the sales, service and consumption of alcoholic beverages at this location. The business owner of Dia Y Noche filed an appeal to the City Council on November 26, 2024, which was within the 10-day appeal period, requesting that the Council overturn the Planning Commission’s decision to revoke Dia Y Noche’s AUP and asserts that the decision was unfair. Pursuant to Walnut Creek Municipal Code Section 10-2.4.504, the City Council is required to conduct a hearing on this appeal and may reverse, affirm, or modify the decision of the Planning Commission, or refer the matter back to the Planning Commission for further consideration.
Oral public comments were received from Kathy Hemmenway, Walnut Creek Downtown. Written comments were received, provided to the City Council and posted online as part of the meeting record.
City Attorney Steve Mattas reported that City staff received notification from the appellant/business owner, Jose Ruffrage, that he would not be attending the City Council meeting.
Motion by Mayor Darling, second by Mayor Pro Tem Wilk,
carried unanimously
, to ADOPT RESOLUTION NO. 24-78 denying an appeal of the Planning Commission’s action and affirming the revocation of the Administrative Use Permit for Dia Y Noche Restaurant and Bar at 1411 Locust Street.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling.
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. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Cindy Darling
2024-25 Mayor of the City of Walnut Creek