City Council Special Meeting 3:30pm/ Concurrent Meetings: City Council (Regular) and Walnut Creek Joint Powers Financing Authority (Special) Tuesday, November 18, 2025
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
Darling
DeVinney
Silva
mAYOR pRO tEM Francois
mayor Wilk
Meeting minutes were approved by the City Council at the regular meeting held on December 16, 2025.
CITY COUNCIL SPECIAL MEETING AT 3:30 PM - CLOSED SESSION 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; therefore, public comments would be received at this time for the item identified below. No public comments were received.
2. CLOSED SESSION
a.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
Tse v. City of Walnut Creek, et al. Case No. C24-02129
b.
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case) No reportable action as a result of the Closed Session discussions.
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:19 p.m. ________________________________________________________________________________________________________________________________________________________________ CITY COUNCIL (REGULAR) AND WALNUT CREEK JOINT POWERS FINANCING AUTHORITY (SPECIAL) 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.
PRESENTATION: Contra Costa Community College District - State of the District
2. CONSENT CALENDAR
An Errata was provided for Consent Calendar Item 2d correcting Section 5-9.102 and the effective date of April 1, 2026. Consent Calendar Items 2e, 2i and 2l were pulled by Councilmembers to ask questions of staff and/or to provide comments. No public comments were received for the remaining items on the Consent Calendar.
Motion by Silva, second by Mayor Darling,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-d, 2f-h, 2j-k and 2m as follows:
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling. a.
APPROVED CITY COUNCIL MINUTES dated November 4, 2025.
Minutes
b.
ACCEPTED WARRANT REGISTERS October 31, 2025 (2); and DIRECT PAYROLL TRANSFERS dated October 31, 2025 (2).
Warrant Registers
c.
ADOPTED ORDINANCE NO. 2252 amending various sections of Title 10, Chapter 2 (Zoning) of the Walnut Creek Municipal Code to implement Housing Element Program H-3.H regarding residential care facilities, to clarify accessory dwelling unit regulations consistent with state law, and to make minor code clean-up edits (introduced on 11/4/2025). 2c Zoning Ordinance Residential Care Facilities
d.
ADOPTED ORDINANCE NO. 2253 adding Chapter 9 (Gasoline Powered Leaf Blowers) to Title 5 (Sanitation and Health) of the Walnut Creek Municipal Code (introduced on 11/4/2025), as presented as revised (modification to Section 5-9.102 and Section 6, updating the effective date of the Ordinance to April 1, 2026).
An Addendum was provided that included written public comments received after packet publication, in addition to an Errata Sheet, with modifications to Section 5-9.102 and Section 6, updating the effective date to April 1, 2026. 2d Gas Powered Leaf Blower Ban Ordinance
Public Comments
2d Errata
Public Comment After Packet Publication
f.
AUTHOIRZED THE CITY MANAGER to execute an agreement with Hou De Sousa, in an amount not to exceed $237,000, for a public art project approved by the Arts Commission. 2f Agenda Report
Attachment 1 Draft Agreement
Attachment 2 Arts Commission Approved Artist Renderings g.
AUTHOIRZED THE CITY MANAGER to execute Electric Vehicle (EV) Deployment Commitment and EV Fleet Program Terms and Condition Contract to join PG&E's EV Fleet Electrification Program at the City Corporation Yard located at 600 North San Carlos Drive. 2g Agenda Report
Attachment PG&E EV Program Agreement and Letter
h.
AUTHOIRZED THE CITY MANAGER to execute a one-year contract extension agreement with Axon in the amount of $342,928 for the continuation of services for use of tasers, drones, Body Worn Cameras and digital evidence storage. 2h Agenda Report
Attachment 1 Proposal
Attachment 2 Agreement
j.
AWARDED CONTRACT 25-06, the North Locust Garage Concrete Repairs project to TPA Construction, for a contract price of $244,110, with a contingency not to exceed $45,000, for an authorized total of $289,110. 2j Agenda Report
Attachment Bid Evaluation
k.
APPROVED the fourth amendment and extension of the Law Enforcement Services Agreement between Macerich HHF Broadway Plaza and the City. 2k Agenda Report
Attachment 1 Fourth Amendment
Attachment 2 Third Amendment
Attachment 3 Second Amendment
Attachment 4 First Amendment
Attachment 5 Original Agreement
m.
ACCEPTED the September 2025 Investment and Internal Revenue Service Section 115 Pension Trust Report. 2m 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 e.
ADOPTION OF RESOLUTION amending the Concealed Carry Weapon (CCW) Permit Fee to align with other agencies within Contra Costa County.
Councilmember DeVinney pulled Consent Calendar Item 2e to ask questions of staff. No public comments were received.
Motion by Mayor Pro Tem Wilk, second by Francois,
carried unanimously
, to ADOPT RESOLUTION No. 25-56 amending the Concealed Carry Weapon (CCW) Permit Fee to align with other agencies within Contra Costa County.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling. 2e Agenda Report
Attachment Proposed Resolution with Exhibit
i.
AWARD OF CONTRACT 25-03, the New Aquatic and Community Center at Heather Farm Park Phase 2 project to Lathrop Construction, for a contract price of $51,578,000, with a contingency not-to-exceed $5,150,000, for an authorized total of $56,728,000; and DIRECT STAFF to designate all money received for the New Aquatic and Community Center project from the Walnut Aquatic Foundation to the General Fund Facilities Reserve.
Mayor Darling pulled Consent Calendar Item 2i to provide comments. No public comments were received.
Motion by Mayor Darling, second by Silva,
carried unanimously
, to AWARD CONTRACT 25-03, the New Aquatic and Community Center at Heather Farm Park Phase 2 project to Lathrop Construction, for a contract price of $51,578,000, with a contingency not-to-exceed $5,150,000, for an authorized total of $56,728,000; and DIRECT STAFF to designate all money received for the New Aquatic and Community Center project from the Walnut Aquatic Foundation to the General Fund Facilities Reserve.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling. 2i Agenda Report
Attachment Bid Evaluation
l.
ACCEPTANCE OF WORK for Contract 25-01, the Lesher and Hofmann Stage Replacement project as complete and AUTHORIZATION OF THE CITY CLERK to file a Notice of Completion for the project with the County Recorder.
Councilmember Francois pulled Consent Calendar Item 2l to provide comments. No public comments were received.
Motion by Francois, second by Silva,
carried unanimously
, to ACCEPT THE WORK for Contract 25-01, the Lesher and Hofmann Stage Replacement project as complete and AUTHORIZE THE CITY CLERK to file a Notice of Completion for the project with the County Recorder.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling. 2l Agenda Report
3. PUBLIC COMMUNICATIONS
Public comments were received from Sushen Nandalike. Written comments were received, provided to the City Council and posted online as part of the meeting record.
Public Comments Prior to Packet Publication
Public Comments After Packet Publication
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 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
a.
RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK AND THE WALNUT CREEK JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF LEASE REVENUE BONDS TO FUND A PORTION OF THE AQUATIC AND COMMUNITY CENTER AT HEATHER FARM PARK PROJECT Director of Administrative Services Kirsten LaCasse introduced the item. She reported that the City of Walnut Creek is considering the issuance of lease revenue bonds to finance a portion of the costs of constructing the new Aquatic and Community Center at Heather Farm Park (Project). The Walnut Creek Joint Powers Financing Authority (Authority), established pursuant to a Joint Exercise of Powers Agreement dated October 22, 2025, between the City of Walnut Creek (City) and the Parking Authority of the City of Walnut Creek, would issue the lease revenue bonds.
Managing Principal Craig Hall, NHA Advisors, discussed the City’s credit rating.
Chris Lynch, with Jones Hall and serving at the City’s Bond Counsel, discussed the financing documents and next steps.
An Addendum was provided which included revisions to the Agenda Report (Page 3, 3rd bullet point) and revisions to Attachment 9, the Preliminary Official Statement.
No public comments were received.
Motion by Mayor Darling, second by Mayor Pro Tem Wilk,
carried unanimously
, to ADOPT RESOLUTION NO. 25-57 approving the issuance and sales of lease revenue bonds in the aggregate principal amount not-to-exceed $60,000,000 by the Walnut Creek Joint Powers Financing Authority to provide financing for public improvements to be owned and operated by the City, and approving related documents and directing related actions.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling.
Motion by Mayor Pro Tem Wilk, second by DeVinney,
carried unanimously
, to ADOPT RESOUTION NO. 25-58 creating the new Heather Farm Aquatic and Community Bond fund, appropriating $55,000,000 in the Heather Farm Aquatic and Community Bond fund and $9,877,000 from the Measure O Aquatic and Community Center Reserve to transfer to the Heather Farm Aquatic and Community Center Reserve and appropriating funds in the Measure O fund for the lease payments, estimated at $7,700,000 per year.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling.
For action taken by the Joint Powers Financing Authority (JPFA), see the November 18, 2025 special meeting minutes of the JPFA. 5a Agenda Report
Attachment 1 City of Walnut Creek Resolution Authorizing the Bond Sale Attachment 2 City of Walnut Creek Resolution Authorizing Creation of the Heather Farm Aquatic and Community Center Bond Fund and Appropriation of Funds Attachment 3 Walnut Creek Joint Powers Financing Authority Resolution Authorizing the Bond Sale Attachment 4 Draft Site Lease
Attachment 5 Draft Lease Agreement
Attachment 6 Draft Assignment Agreement
Attachment 7 Draft Indenture of Trust
Attachment 8 Draft Notice of Sale
Attachment 9 Draft Preliminary Official Statement
5a Addendum
b.
ADOPTION OF ORDINANCE AMENDING TITLE 9 OF THE WALNUT CREEK MUNICIPAL CODE FOR THE ADOPTION OF THE 2025 CALIFORNIA BUILDING STANDARDS CODE WITH AMENDMENTS Chief Building Official Frank Kong provided the staff presentation. He reported that the California Building Standards Commission has adopted a new Title 24 of the California Code of Regulations, also referred to as the 2025 California Building Standards Code. The new codes were published in July 2025 and will become effective on January 1, 2026. He reported that as part of the triennial code adoption cycle, the City of Walnut Creek is proposing to adopt the new codes along with local amendments. The City may amend a code provision to be more stringent, but it cannot be less stringent than the 2025 California Building Standards Code. Additionally, Assembly Bill (AB) 130, which was enacted as a part of the budget trailer bills and became effective on June 30, 2025, restricts the City from making amendments that would apply to residential units unless a narrow exception applies.
No public comments were received. Written pubic comments were received, provide to the City Council and posted online as part of the meeting record.
Motion by Francois, second by Silva,
carried unanimously
, to RATIFY the Contra Costa County Fire Protection District's Ordinances Nos. 2025-14 and 2025-15; and to ADOPT ORDINANCE NO. 2254 amending Title 9 of the Walnut Creek Municipal Code for the adoption of the 2025 California Building Standards Code with amendments.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling. 5b Agenda Report
Attachment 1 Proposed Ordinance
Exhibit A to Attachment 1 Adoption and Amendments to the Building Standards Code Exhibit B to Attachment 1- City Findings In Support of Local Amendments Exhibit C to Attachment 1- CCCFPD Ordinances No. 2025-14 and 2025-15 Exhibit D to Attachment 1- County Findings In Support of Local Amendments Public Comment
6. ADJOURNMENT OF THE CONCURRENT MEETINGS: CITY COUNCIL (REGULAR) and WALNUT CREEK JOINT POWERS FINANCING AUTHORITY(SPECIAL) in memorial of former Mayor Gwen Regalia at 7:27 p.m. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Kevin Wilk
2025-26 Mayor of the City of Walnut Creek