City Council Special Meeting 4pm/ Regular Meeting at 6 pm Tuesday, April 1, 2025
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 April 15.
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.
Councilmember Francois was absent due to a work commitment; all other 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 items.
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))
Name of case: Workers’ Compensation Appeals Board - Case No. ADJ15839586 b.
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
c.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
City of Walnut Creek v. Windsor Capital Group, Inc.
Contra Costa County Superior Court, Case No. C23-02534
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:20 p.m. _________________________________________________________________________________________________________ REGULAR MEETING OF THE CITY COUNCIL 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 - Councilmember Francois was absent due to a work commitment; all other Councilmembers were in attendance. c.
PRESENTATION & PROCLAMATION: National Library Week
d.
PROCLAMATION: Cleaner Contra Costa Month
e.
PROCLAMATION: National Public Safety Telecommunicators Week
2. CONSENT CALENDAR
Councilmember Silva pulled Consent Calendar Item 2c to ask questions of staff. Councilmember Wilk pulled Consent Calendar Item 2e to ask questions of staff. No public comments were received for items on the Consent Calendar.
Motion by Mayor Pro Tem Wilk, second by Silva,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-b, 2d, and 2f-g as follows:
YEAS:
DeVinney, Silva, Mayor Pro Tem Wilk, Mayor Darling.
a.
APPROVED CITY COUNCIL MINUTES of March 18, 2025.
Minutes
b.
ACCEPTED WARRANT REGISTERS dated March 14, 2025 (2) and March 21,2025 (2); and DIRECT PAYROLL TRANSFERS dated March 21, 2025 (2).
Warrant Registers
d.
ACCEPTED WORK for Contract 22-33, the Lesher Center Automation System Replacement project, as complete; and AUTHORIZED THE CITY CLERK to file a Notice of Completion for the project with the County Recorder.
Agenda Report
f.
AUTHORIZED THE CITY MANAGER to execute a Consultant Services Agreement with Consor Engineering in the amount of $157,302, to perform final design and engineering support for the Ygnacio Valley Road Rehabilitation project between Oak Grove Road and City Limit.
Agenda Report
Attachment Agreement
g.
ACCEPTED THE DECEMBER 2024 Investment and Internal Revenue Service Section 115 Pension Trust Report.
Agenda Report
Attachment 1 Investment Detail Report
Attachment 2 Supplementary Info by Investment Type
Attachment 3 WC Section 115 Pension Trust Statement
Attachment 4 WC Section 115 Pension Trust Economic Overview c.
AWARD OF CONTRACT 24-14, the 2025 Slurry Seal project, to Pavement Coatings Co., for a contract price of $725,962 with a contingency not to exceed $75,000 for an authorized total of $800,962; and TRANSFER OF budget appropriation in the amount of $95,000 from CP10123 to CP10134 to fund the estimated project costs.
Councilmember Silva pulled Consent Calendar Item 2c to ask questions of staff. No public comments were received.
Motion by Silva, second by Mayor Darling,
carried unanimously
, to AWARD CONTRACT 24-14, the 2025 Slurry Seal project, to Pavement Coatings Co., for a contract price of $725,962 with a contingency not to exceed $75,000 for an authorized total of $800,962; and TRANSFER OF budget appropriation in the amount of $95,000 from CP10123 to CP10134 to fund the estimated project costs.
YEAS:
DeVinney, Silva, Mayor Pro Tem Wilk, Mayor Darling.
Agenda Report
Attachment 1 Street List
Attachment 2 Bid Evaluation
e.
AUTHORIZATION OF THE CITY MANAGER to execute an agreement with Pemberley Productions, LLC for the presentation of "The Woman in Black" in an amount not to exceed $187,500.
Councilmember Wilk pulled Consent Calendar Item 2e to ask questions of staff. No public comments were received.
Motion by Silva, second by Mayor Darling,
carried
, to AUTHORIZE THE CITY MANAGER to execute an agreement with Pemberley Productions, LLC for the presentation of "The Woman in Black" in an amount not to exceed $187,500.
YEAS:
DeVinney, Silva, Mayor Darling.
NOES:
Mayor Pro Tem Wilk.
Agenda Report
Attachment Agreement
3. PUBLIC COMMUNICATIONS
No public comments were received.
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcement - City Attorney Steve Mattas stated that the City Council, by a 4-0 vote, directed the City Attorney’s Office and staff to resume the on-going litigation with Windsor Capital Group, Inc. b.
City Manager reports - none.
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. PUBLIC HEARINGS
City Council Ex Parte Contacts Disclosure- none.
a.
ADOPTION OF RESOLUTIONS LEVYING ANNUAL ASSESSMENTS FOR THE DOWNTOWN WALNUT CREEK BUSINESS IMPROVEMENT DISTRICT AND DOWNTOWN WALNUT CREEK SOUTH BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2026 Mayor Darling explained the process in order for the City to levy assessments for the Downtown Walnut Creek Business Improvement District and the South Walnut Creek Business Improvement District.
City Clerk Suzie Martinez reported no written protests were received.
Economic Development Manager Mike Nimon provided the staff presentation. He reported that the City Council is asked to confirm the BID and SBID Annual Assessment Reports for FY 2026 and levy the annual assessments for FY 2026.
No public comments were received.
Motion by Silva, no seconder required,
carried unanimously
, to ADOPT RESOLUTION NO. 25-13 levying the annual assessment for the Downtown Walnut Creek Business Improvement District (BID) for Fiscal Year 2026.
YEAS:
DeVinney, Silva, Mayor Pro Tem Wilk, Mayor Darling.
Motion by Silva, no seconder required,
carried unanimously
, to ADOPT RESOLUTION NO. 25-14 levying the annual assessment for the Downtown Walnut Creek South Business Improvement District (SBID) for Fiscal Year 2026.
YEAS:
DeVinney, Silva, Mayor Pro Tem Wilk, Mayor Darling.
Agenda Report
Attachment 1 Resolution Levying the BID
Attachment 2 Resolution Levying the SBID
The meeting was recessed briefly from 7:11 - 7:19 p.m.
6. CONSIDERATION
a.
CONSIDERATION AND DIRECTION REGARDING PARKING ORDINANCE UPDATE OPTIONS BASED ON ADDITIONAL DATA RELATED TO THE RIGHTSIZE PARKING STUDY Mayor Darling reported that an Addendum and public comments had been received since the distribution of the agenda report.
Assistant Planner Henry Rood provided the staff presentation. He reported that the Addendum provides red-line changes to the staff report and two additional options (Option C: Flexible Demand and Option D: Meet Demand), but the recommended options remain the same (Option A: North Downtown Specific Plan and Option B: Balance). He stated that the purpose of this item is for the City Council to review the additional data and research collected by staff in relation to the Rightsize Parking Study per Council’s direction after the July 2024 public hearing, and to provide feedback on draft policy options to amend parking standards under the Zoning Ordinance. These amendments would lower minimum parking requirements for new development projects in the Multiple-Family Residential Zone.
No public comments were received.
The City Council provided feedback on the draft policy proposals presented to amend the Zoning Ordinance and reduce minimum parking requirements for new development projects in the Multiple-Family Residential Zone.
Motion by Mayor Darling, second by Mayor Pro Tem Wilk,
carried unanimously
, to BRING FORWARD TO THE CITY COUNCIL Policy Option C: Flexible Demand, as the recommended parking minimum policy for a Public Hearing, introduction and first reading of an ordinance.
A substitute motion was made by Councilmember Silva to have Option C: Flexible Demand return to the City Council to include an option for guest parking. City Engineer Smadar Boardman clarified that as part of the Objective Design Standards, guest parking is already assigned at 10% for residential development. The motion died due to lack of a second.
YEAS: DeVinney, Silva, Mayor Pro Tem Wilk, Mayor Darling.
Agenda Report
Attachment 1 Existing Conditions Memo
Attachment 2 Case Studies
Attachment 3 Data Results
Addendum
Correspondence
7. ADJOURNMENT OF THE REGULAR MEETING OF THE CITY COUNCIL at 9:05 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