City Council Closed Session - 4:00 PM and Regular Meeting - 6:00 PM Tuesday, May 3, 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 17, 2022.
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 4:00 PM
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. No public comments were received regarding the Closed Session item and the City Council reconvened in the 3rd Floor Conference Room for the Closed Session discussion.
2. CLOSED SESSION (not on video)
The City Council reconvened in Closed Session in the 3rd Floor Conference Room pursuant to:
a.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code section 54957)
Title: City Manager
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:45 p.m. _____________________________________________________________________________________________________________________________________ CONCURRENT REGULAR MEETINGS: CITY COUNCIL AND PARKING AUTHORITY AT 6:00 PM
1. OPENING
a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmemers were in attendance.
c.
OATH OF OFFICE: Ian McLaughlin, Central Contra Costa Transit Authority Advisory Committee d.
PROCLAMATION: Jewish American Heritage Month - May
2. CONSENT CALENDAR
Councilmember Wilk pulled Consent Calendar Item 2d from the Consent Calendar. No oral or remote public comments were received for items on the Consent Calendar. Written public comments were received and provided to the City Council, and posted online as part of the meeting record relating to Consent Calendar Items 2c, 2d and 2e.
Motion by Haskew, second by Mayor Pro Tem Silva,
carried unanimously
, to APPROVE CONSENT CALENDAR items 2a-2c and 2e as follows:
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois. a.
APPROVED CITY COUNCIL MINUTES of April 19, 2022 (see Parking Authority minutes for action on the Parking Authority minutes of May 4, 2021).
Meeting Minutes - APR 19 2022
PARKING AUTHORITY MINUTES - MAY 4 2021
b.
ACCEPTED WARRANT REGISTERS dated April 15, 2022 and April 22, 2022 and DIRECT PAYROLL TRANSFERS dated April 22, 2022.
Warrant Registers
c.
WAIVED READING AND ADOPTED ORDINANCE NO. 2216 amending the Municipal Code (Zoning Ordinance) to revise the personal and commercial Cannabis Activities Ordinance to permit adult-use delivery only operations (introduced on April 19, 2022).
DRAFT ORDINANCE - CANNABIS
Additional Correspondence Received
Public Comment Received Prior to Meeting
e.
AUTHORIZED THE PURCHASE of four 2022 Parking Enforcement vehicles from Westward Industries GO-4 in the amount of $147,493 from the City's Vehicle Replacement Fund - 610 for use by the Parking Enforcement Division.
Agenda Report
ATTACHMENT 1 - PRICE QUOTE
ATTACHMENT 2 - SOURCEWELL CONTRACT
Public Comment Received Prior to Meeting
d.
WAIVE FIRST READING AND INTRODUCE ORDINANCE adding Chapter 8 (Single-Use Foodware Accessories and Condiments) to Title 5 (Sanitation and Health) of the Walnut Creek Municipal Code adopting by reference Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code prohibiting a food facility from providing any single-use foodware accessory or standard condiment unless requested by consumer and authorizing City and County enforcement and penalties, and set the public hearing for May 17.
Councilmember Wilk pulled Consent Calendar Item 2d to provide comments.
Motion by Wilk, second by Darling,
carried unanimously
, to WAIVE FIRST READING AND INTRODUCE AN ORDINANCE adding Chapter 8 (Single-Use Foodware Accessories and Condiments) to Title 5 (Sanitation and Health) of the Walnut Creek Municipal Code adopting by reference Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code prohibiting a food facility from providing any single-use foodware accessory or standard condiment unless requested by consumer and authorizing City and County enforcement and penalties, and set the public hearing for May 17.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - PUBLIC RESOURCES CODE
ATTACHMENT 2 - PROPOSED ORDINANCE
Public Comment Received Prior to Meeting
3. PUBLIC COMMUNICATIONS
Remote public comments were received from Linda D; 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 - Mayor Francois reported that the City Council met in Closed Session this evening to discuss the performance evaluation of City Manager Dan Buckshi. Mayor Francois stated the City Council completed the performance evaluation of the City Manager and that the Council is pleased with the performance of Mr. Buckshi and that Mr. Buckshi has satisfied the standard in his contract for a salary adjustment effective July 1, 2022. b.
City Manager reports - City Manager Buckshi reported that on May 15, Rossmoor will hold an evacuation drill and reminded the public about completing the Essential City Services Survey. 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 meeitng; and made comments on issues of concern.
5. PUBLIC HEARING
a.
PUBLIC HEARING REGARDING PROPOSED ADOPTION OF ORDINANCE FOR MODIFICATION OF ASSESSMENT RATES FOR THE DOWNTOWN WALNUT CREEK BUSINESS IMPROVEMENT DISTRICT AND THE DOWNTOWN WALNUT CREEK SOUTH BUSINESS IMPROVEMENT DISTRICT (ORDINANCE INTRODUCED ON 4/19/22) Mayor Francois explained the process for Public Hearing Item 5a. Economic Development Project Manager Angela Tsui presented the agenda report. She reported that the City of Walnut Creek established the Downtown Walnut Creek BID and SBID in 2005 and 2010 respectively. The BID and SBID provide management and funding for beautification, marketing, promotional events and special projects in the Downtown area. Walnut Creek Downtown (WCD) is the advisory board of the BID and SBID and implements the planned activities.
Economic Development Project Manager Tsui stated that the City Council is legally authorized to modify the BID and SBID in accordance with California Streets and Highways Code Section 36540. WCD has requested that the City Council modify the BID and SBID's assessment rates, and is proposing a ten percent (10%) increase to each assessment rate category in Fiscal Year (FY) 2022-2023, and subject to an automatic annual increase of three percent (3%) each fiscal year beginning July 1, 2023, as outlined in the Ordinance. On March 15, 2022, the City Council adopted two separate resolutions for the BID and SBID, providing notice of its intention to modify the assessment rates pertaining to each district. On April 19, 2022, the City Council held a statutorily required public meeting regarding the proposed assessment rate increases, including introduction of an ordinance amending Chapter 7 of Title 8 of the Walnut Creek Municipal Code, implementing such increases.
Walnut Creek Downtown Executive Director Kathy Hemmenway provided additional details.
Mayor Francois opened the item for public comment. Mayor Francois stated written protests must be received by the City Clerk at or before the time fixed for the public hearing and invited anyone with an undelivered written protest to present it to the City Clerk immediately as no further written protests would be accepted. Assistant City Clerk Amy Heavener confirmed that no bid protests had been received; and, therefore, the City Council could proceed to take action. There being no one to speak to the item, Mayor Francois closed the public hearing.
Motion by Mayor Pro Tem Silva, second by Wilk,
carried unanimously
, to DIRECT STAFF to place the Ordinance (introduced on April 19, 2022) amending Chapter 7 of Title 8 of the Walnut Creek Municipal Code to alter the method and basis for levying assessments in the BID and SBID, on the City Council’s May 17, 2022 meeting agenda for final adoption.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - WCD BID MODIFICATION LETTERS
ATTACHMENT 2 - DRAFT ORDINANCE
6. CONSIDERATION
a.
APPROVAL OF ASSESSMENT REPORTS AND ANNUAL LEVY OF ASSESSEMENTS FOR THE DOWNTOWN WALNUT CREEK BUSINESS IMPROVEMENT DISTRICT (BID) AND DOWNTOWN WALNUT CREEK SOUTH BUSINESS IMPROVEMENT DISTRICT (SBID) FOR FISCAL YEAR 2022-2023 AND SETTING PUBLIC HEARINGS Economic Development Project Manager Tsui presented the agenda report. She reported that the City established the Downtown Walnut Creek BID in 2005 and the Downtown Walnut Creek SBID in 2010. Both the BID and SBID provide funding for beautification, marketing, promotional events, 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. In order to levy annual assessments for the BID and SBID, State law requires that the City Council adopt resolutions approving the Assessment Reports and declaring its intention to levy such assessments for the coming fiscal year after a public hearing is held.
Economic Development Project Manager Tsui reported that for this year's annual renewal, WCD is bringing forth two concurrent processes: one is the current item, which is the approval of assessment reports and an annual request to levy assessments on the BID and SBID. The second item is a separate ordinance, also on this evening's agenda, implementing a 10% increase in the current BID and SBID assessment rates for FY2022-23. The proposed increase also includes an automatic annual increase of three percent (3%) each fiscal year beginning July 1, 2023. Ultimately, approval of both items will authorize the BID and SBID to be assessed at the modified rates for FY 2022-23.
Walnut Creek Downtown Executive Director Kathy Hemmenway discussed the annual report for fiscal year 2021-22.
Mayor Francois opened the item for public comment; hearing no comment, he closed the public comment period.
Motion by Mayor Pro Tem Silva, second by Darling,
carried unanimously
, to ADOPT RESOLUTION NO. 22-17 approving the Assessment Report of the Downtown Walnut Creek Business Improvement District (BID) for FY 2022-23; to ADOPT RESOLUTION NO. 22-18 approving the Assessment Report of the Downtown Walnut Creek South Business Improvement District (SBID) for FY 2022-23; to ADOPT RESOLUTION NO. 22-19, a Resolution of Intention to Levy Assessments for FY 2022-23 for the BID and setting a public hearing for May 17, 2022; and to ADOPT RESOLUTION NO. 22-20, a Resolution to Levy Assessments for FY 2022-23 for the SBID and setting a public hearing for May 17, 2022.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - ANNUAL BID REPORT 21-23
ATTACHMENT 2 - ANNUAL SBID REPORT 21-23
ATTACHMENT 3 - DRAFT RESOLUTION APPROVING BID
ATTACHMENT 4 - DRAFT RESOLUTION APPROVING SBID
ATTACHMENT 5 - DRAFT RESOLUTION INTENT TO LEVY BID
ATTACHMENT 6 - DRAFT RESOLUTION INTENT TO LEVY SBID
ATTACHMENT 7 - WC DOWNTOWN BALANCE SHEET
ATTACHMENT 8 - WC DOWNTOWN PROFIT AND LOSS
7. ADJOURNMENT OF THE CONCURENT REGULAR MEETINGS: CITY COUNCIL AND PARKING AUTHORITY at 7:25 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