City Council Special Meeting - 4:00 PM; Regular Meeting - 6:00 PM Tuesday, April 19, 2022
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
DARLING
HASKEW
WILK
mAYOR pRO tEM SILVA
mayor FRANCOIS
Meeting minutes were approved by the City Council on May 3, 2022.
CITY COUNCIL SPECIAL MEETING AT 4:00 PM
Council Chamber, 1st Floor
1. OPENING AND PUBLIC COMMUNICATIONS
All Councilmembers were in attendance. Mayor Francois reported that under California law, public comments at special meetings are limited to subjects on the agenda only and therefore, public comment will be taken during the City Council consideration of the item.
2. DOWNTOWN NEXT AND OUTDOOR DINING POLICY
Assistant City Manager Teri Killgore introduced the item. Economic Development Manager Collette Hanna discussed the item further. She reported that in the process of developing a comprehensive Outdoor Dining Policy, staff has brought an array of policy issues for Council direction. This is the third such session and is focused on other necessary elements of establishing a mechanism for management of these new outdoor spaces, as one does not currently exist. It also necessitates a review of our current fee structure for private parking lots as these will be utilized for outdoor dining, while also establishing a new fee plan for Permanent Outdoor Dining Structures (PODS).
Mayor Francois opened the item for public comment. Oral public comments were received in-person from Kathy Hemmenway, Walnut Creek Downtown. Remote public comments were received from Dale Harrington.
The City Council provided feedback on the implementation of an Outdoor Dining Operators Permit, including direction on specific policies to implement, including: hours of operation; alcohol services/license; noise/music; security training requirements; server operations; and special events. The City Council was in agreement with the utilization of the existing fee structure for outdoor dining on private parking lots and the creation of a fee structure for PODS, at an all-inclusive rate of $48/square foot. No formal action was taken.
Economic Development Manager Hanna reported that staff will be returning to the City Council in May to discuss a fee for City-owned patios and the current Tables + Chairs program; and will return again in June, for presentation of a final Outdoor Dining Policy, integrating City Council direction from previous meetings, and noting any necessary legal requirements to enact the new policy.
Agenda Report -STUDY SESSION III -DOWNTOWN NEXT AND PERMANENT OUTDOOR DINING ATTACHMENT 1 - OUTDOOR DINING OPERATORS
ATTACHMENT 2 - PODS LAYOUT
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING at 5:27 p.m. _____________________________________________________________________________________________________________________________________ CITY COUNCIL REGULAR MEETING AT 6:00 PM
Council Chamber, 1st Floor
1. OPENING
a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance.
c.
PRESENTATION: Presidential Service Awards – Youth Commission
2. CONSENT CALENDAR
Oral public comment on the Consent Calendar was received in-person from Katherine Walley (2c).
Councilmember Wilk noted for the record that he is in agreement with Councilmember Darling’s comments regarding the importance of having as many less than lethal force options available.
Motion by Mayor Pro Tem Silva, second by Haskew,
carried unanimously
, to APPROVE THE CONSENT CALENDAR as follows:
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois. a.
APPROVED CITY COUNCIL MINUTES of April 5, 2022.
Meeting Minutes - APR 5, 2022
b.
ACCEPTED WARRANT REGISTERS dated March 18, 2022, March 25, 2022, April 1, 2022 and April 8, 2022 and DIRECT PAYROLL TRANSFERS dated March 11, 2022 and April 8, 2022.
Warrant Registers - MAR 11 18 and 25
Warrant Registers - APR 1 and APR 8
c.
WAVIED READING AND ADOPTED ORDINANCE NO. 2215 approving Walnut Creek Police Department Policy 708 "Military Equipment," governing the Police Department's funding, acquisition and use of military equipment (introduced on 4/5/2022).
DRAFT ORDINANCE - MILITARY EQUIPMENT
d.
ADOPTED RESOLUTION NO. 22-11 authorizing the Mayor to accept the Grant of Easement for Right-of-Way purposes ensuring that a minimum 4-foot width of existing sidewalk is in the public right-of-way along Mount Diablo Boulevard at 1604 Mount Diablo Boulevard (Deed 21-0003) from Greater Bay Development Corporation.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - VICINITY MAP
ATTACHMENT 3 - GRANT OF EASEMENT AND MAP
e.
ADOPTED RESOLUTION NO. 22-12 authorizing the Mayor to accept the Grant of Easement for Right-of-Way purposes to provide the future street setback of 30 feet along Pine Street at 1268 Pine Street (Deed 21-0004) from Hawa Asad and Fazal Wafadar.
Agenda Report
ATTACHMENT 1 - PROPOSED RESOLUTION
ATTACHMENT 2 - VICINITY MAP
ATTACHMENT 3 - GRANT OF EASEMENT AND PLAT MAP
f.
ADOPTED RESOLUTION NO. 22-13 approving the Walnut Creek Tourism Business Improvement District Annual Assessment Report for Fiscal Year 2022-2023; and ADOPTED RESOLUTION NO. 22-14, a Resolution of Intention to Levy Assessments for FY 2022-2023 for the Walnut Creek Tourism Business Improvement District, and setting a public hearing for May 17, 2022.
Agenda Report
ATTACHMENT 1 - TBID ASSESSMENT REPORT FY 2022-2023
ATTACHMENT 2 - DRAFT RESOLUTION - APPROVING TBID ASSESSMENT REPORT ATTACHMENT 3 - DRAFT RESOLUTION - DECLARING INTENT TO LEVY g.
ADOPTED RESOLUTION NO. 22-15 authorizing the City Manager to approve amendments to current Consultant Services Agreements with three (3) consulting firms (4Leaf, TRB & Associates, and West Coast Code Consultants), increasing the annual not-to-exceed amount for each agreement to $500,000 per fiscal year (from $250,000); and amending the FY22 budget to increase the FY22 appropriation in the General Fund (Division 230), both revenue and professional services, by $500,000 for the additional plan review and building inspection services.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - DEC 15 2020 AGENDA REPORT
h.
AUTHORIZED THE CITY MANAGER to execute an agreement with Hinderliter, de Llamas & Associates (HdL) for business license, Transient Occupancy Tax and Short Term Rental services, including revenue collection, audit and discovery services.
Agenda Report
ATTACHMENT - HDL MASTER SERVICES AGREEMENT
3. PUBLIC COMMUNICATIONS
Remote public comments were received from Pete Bennett and Barbara G. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
General Public Comment - Received Prior to Meeting
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 second and final community workshop for the Housing and Safety Elements update to the General Plan will occur on April 20. 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. CONSIDERATION
a.
APPROVAL OF ASSESSMENT REPORTS AND ANNUAL LEVY OF ASSESSEMENTS FOR THE WALNUT CREEK DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID) AND SOUTH BUSINESS IMPROVEMENT DISTRICT (SBID) FOR FISCAL YEAR 2022-2023 *** NOT DISCUSSED *** Mayor Francois reported that Consideration Item 5a is pulled from the agenda and will return at a future meeting.
The City established the Downtown Walnut Creek Business Improvement District (BID) in 2005 and the Downtown Walnut Creek South Business Improvement District (SBID) in 2010. Both the BID and SBID provide funding for beautification, marketing, promotional events, advocacy and special projects in the Downtown area. The districts require an annual review by City Council and a yearly consideration of the assessment for which the Walnut Creek Downtown Business Association (WCD) has prepared Annual Assessment Reports for Fiscal Year (FY) 2022-23. After City Council’s approval of the reports, State law requires that a Resolution of Intention be adopted that declares the intention of the City to levy each assessment for the coming fiscal year after a public hearing is held. Staff Contacts: Teri Killgore, Assistant City Manager, (925) 943-5812; and Collette Hanna, Economic Development Manager, (925) 943-5899, ext. 2145.
Agenda Report
ATTACHMENT 1 - BID ANNUAL REPORT
ATTACHMENT 2 - SBID ANNUAL REPORT
ATTACHMENT 3 - RESO TO APPROVE BID
ATTACHMENT 4 - RESO TO APPROVE SBID ANNUAL REPORT
ATTACHMENT 5 - BID RESOLUTION TO LEVY
ATTACHMENT 6 - SBID RESO TO LEVY
b.
INTRODUCTION OF ORDINANCE AND PUBLIC MEETING FOR MODIFICATION OF ASSESSMENT RATES FOR THE DOWNTOWN WALNUT CREEK BUSINESS IMPROVEMENT DISTRICT AND THE DOWNTOWN WALNUT CREEK SOUTH BUSINESS IMPROVEMENT DISTRICT Assistant City Manager Teri Killgore provided the staff presentation. She noted that the Annual Reports included should be disregarded due to an inadvertent math error that will be corrected when the items returns for a public hearing on May 3. Assistant City Manager Killgore reported that the districts require an annual review by City Council and a yearly consideration of the assessment. The designated Advisory Board of the BID and SBID, WCD, is proposing a 10% increase in BID and SBID assessment rates in FY 2022-23. On March 15, 2022, City Council adopted two Resolutions of Intention to modify the annual assessment rates. At this meeting, the City Council is asked to introduce and waive the further reading of an Ordinance altering the method and basis of levying the assessments in the BID and the SBID, amending Chapter 7 of Title 8 of the Walnut Creek Municipal Code, and levying the 2022-23 Downtown Business Improvement District and the South Business Improvement District assessments. This will be followed by a public hearing and final adoption of the ordinance on May 3, 2022.
Kathy Hemmenway, Walnut Creek Downtown Executive Director, discussed the proposed rate increase further.
Mayor Francois opened the item for public comment. Remote public comments were received from Pete Bennett.
Motion by Mayor Pro Tem Silva, second by Darling,
carried unanimously
, to WAIVE FIRST READING AND INTRODUCE an Ordinance altering the method and basis of levying the assessments in the BID and the SBID, amending Chapter 7 of Title 8 of the Walnut Creek Municipal Code, and levying the 2022-23 Downtown Business Improvement District and the South Business Improvement District assessments, with a public hearing and final adoption of the ordinance to occur on May 3, 2022.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - BID ANNUAL REPORT
ATTACHMENT 2 - SBID ANNUAL REPORT
ATTACHMENT 3 - PROPOSED ORDINANCE
6. PUBLIC HEARING
a.
UPDATE TO CANNABIS REGULATIONS
Regional Government Services (RGS) Contract Planner Brad Evanson provided the agenda report. He reported that the City Council identified Cannabis Regulations as an area of focus under the 2021-2022 Economic Development and COVID recovery priority and directed the Community Development Department to focus the near-term amendments on allowing adult use delivery-only operations in addition to the currently authorized medical-use delivery-only operations. The proposed zoning text amendments rely on the existing land use entitlement process to expand the existing medical-use cannabis delivery allowance to include adult-use cannabis delivery services.
Additionally, RGS Contract Planner Evanson reported that this change also necessitates a policy discussion to update the Cannabis operator selection procedures including potentially setting the maximum number of operators allowed with in the City by resolution, instead of by Ordinance as is the current practice and how to address the existing medical-use delivery-only operator.
Mayor Francois opened the item for public comment. Oral public comments were received in-person from: Dawn Lopshire; Casey Wider; Mark Warren; Aria Campbell and Greg, Contra Costa Norml; Falguni Dave, HerbNJoy; Menaka Mahajan; Tim Farley; Renee Lee; Nate L.; and Annemarie Drosos. Remote public comments were received from: Ashley Alvares; Elizabeth Rice; Pete Bennett; Peter Dickstein; Wade; Kerri Delorme; Janet Seldon; Shelly Shaw; John Corwin; Leslie Valencia; Virna Zwingle; Bob Linscheid, Walnut Creek Chamber of Commerce and Visitors Bureau; Janja Lalich; Tony Bowles. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
The meeting was recessed from 8:39 p.m. to 8:51 p.m.
The City Council was in agreement with aligning with state regulations as to the maximum value of goods and currency in the delivery vehicle at any one time (currently up to $5,000, with a proposal to raise the limit to $10,000); maintaining the "fixed residential address" delivery option (versus "fixed address"); limiting the number of allowable cannabis operators to three; moving to a formal Request for Proposals process where the entire application package is scored and the applicants ranked (quality of application materials - 30 points; experience and qualifications of applicant - 30 points; sustainability measures - 20 points; and community benefits - 20 points); and processing the application from HerbNJoy for the amendment to their Operators Permit and Conditional Use Permit utilizing the selection process outlined in the Resolution, with the exception of awarding 60 points for the first two criteria -- quality and thoroughness of application materials and experience and qualifications of applicant.
Councilmember Wilk requested Council hold a discussion regarding a potential retail-storefront dispensary. The City Council was in agreement with holding a discussion, but not on the timeline. By majority consensus (Darling, Francois, Wilk) it was agreed upon to hold a discussion in late Quarter 1, 2023 or early Quarter 2, 2023.
City Attorney Steve Mattas read the changes being proposed to the Resolution presented: Section 3 - change in ranking system so that quality and thoroughness of application materials is 30 points; experience and qualifications of applicant is 30 points; sustainability measures is 20 points; and community benefits is 20 points, for a total of 100 points; and Section 1 - insert maximum number of non-storefront cannabis delivery-only operations allowed to a maximum of 3.
Motion by Wilk, second by Haskew,
carried unanimously
, to ADOPT RESOLUTION NO. 22-16 approving revised operation permit selection procedures related to non-store front cannabis delivery-only operations, as amended.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
City Attorney Mattas summarized the motion providing direction to staff on how to proceed with HerbNJoy as an existing operator.
Motion by Haskew, second by Wilk,
carried unanimously
, to DIRECT STAFF to process the application from HerbNJoy for the amendment to their Operators Permit and ultimately to their Conditional Use Permit utilizing the selection process outlined in the approved Resolution No. 22-16, with the exception of awarding 60 points for the first two criteria -- quality and thoroughness of application materials and experience and qualifications of applicant.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Assistant City Attorney Lindsay D’Andrea read into the record the changes being proposed to the amended Ordinance provided as an Addnedum:
- Page 6: Reject the highlighted yellow strike-through of the term "residential" in Sec. 10-2.3.1409(A)(2) so that it reads: "All deliveries must be to a fixed residential address."; and in Sec. 10-2.3.1409(A)(3)(d)(ii) also reject the highlighted yellow strike-through of the term "residential" so that it reads: "Delivery vehicles may only travel between the fixed locations of delivery-only operations and the residential addresses specified by customers for delivery while transporting cannabis and/or cannabis products in the City." - Page 7: Reject the yellow highlighted strike-through in Sec. 10-2.3.1409(B)(2), "that include residential addresses." so that it reads: "Delivery-only operations permitted pursuant to this article may only be located in the following zoning districts: Service Commercial (S-C) and Business Park (B-P). Deliveries may take place in all zoning districts that include residential addresses."; and reject the yellow highlighted strike-through of the term "residential" in Sec. 10-2.3.1409(B)(4) so that it reads: "All deliveries must be to a fixed residential address." - Page 10: Accept the yellow highlighted language in Sec. 10-2.3.1409(B)(5)(j)(ii) so that it reads: "No more than the maximum amount permitted under State Law in total value of product and cash may be transported at any one time in an individual vehicle during deliveries." - Page 11: Reject the yellow highlighted strike-through of the term "residential" in Sec. 10-2.3.1409(B)(5)(j)(iii) so that it reads: "Delivery vehicles may only travel between fixed locations of delivery-only operations and the residential addresses specified by customers while transporting cannabis and/or cannabis products." Motion by Mayor Pro Tem Silva, second by Wilk,
carried unanimously
, to INTRODUCE AND WAIVE READING of the ordinance amending the Walnut Creek Municipal Code Chapter 10, Part III, Article 2 (Personal and Commercial Cannabis Activities) to allow for the establishment of non-storefront adult-use cannabis delivery only operations in the City of Walnut Creek, as reflected in the Addendum and further revised at the meeting.
Agenda Report
ATTACHMENT 1 - DRAFT ORDINANCE
ATTACHMENT 2 - DRAFT RESOLUTION
ATTACHMENT 3 - PLANNING COMMISSION RESOLUTION
ATTACHMENT 4 - WRITTEN CORRESPONDENCE
Addendum - Response to Inquiries & Updated DRAFT Ordinance Addendum - Public Comment Prior to Meeting
Addendum - Handout at Dais
7. ADJOURNMENT OF THE CITY COUNCIL REGULAR MEETING at 9:53 p.m. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Matt Francois
2021-22 Mayor of the City of Walnut Creek