City Council Special Meeting - 5:00 PM; Regular Meeting - 6:00 PM Tuesday, July 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 August 2, 2022.
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 5:00 PM Council Chamber, 1st Floor/3rd Floor Conference Room, 3rd Floor
1. OPENING AND PUBLIC COMMUNICATIONS
Mayor Francois reported that under California law, public comments at special meetings are limited to subjects on the agenda only. There were no public comments received related to the Closed Session.
2. CLOSED SESSION
The City Council reconvened in closed session in the 3rd Floor Conference Room pursuant to:
a.
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION / EXISTING LITIGATION (Government Code sections 54956.9(d)(4) and 54956.9(d)(1)) City of Long Beach, et al. v. Monsanto Company, et. al., United States District Court, Central District of California - Western Division Case No. 2:16-cv-03493-FMO-AS
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:15 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.
2. CONSENT CALENDAR
Mayor Francois opened the Consent Calendar for public comment. No public comments were received for items on the Consent Calendar.
Motion by Mayor Pro Tem Silva, second by Haskew,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-2d and 2f-2g as follows:
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois. a.
APPROVED CITY COUNCIL MINUTES of June 21, 2022.
JUN 21 2022 - Meeting Minutes
b.
ACCEPTED WARRANT REGISTERS dated June 10, 2022, June 14, 2022, June 17, 2022, June 24, 2022, July 1, 2022 and July 8, 2022 and DIRECT PAYROLL TRANSFERS dated June 17, 2022 and July 1, 2022.
Warrant Registers - part 1
Warrant Registers - part 2
c.
WAIVED SECOND READING AND ADOPTED ORDINANCE NO. 2224 providing approval of a zoning amendment to change the zoning designation for the Citrus Marketplace Shopping Center located at 2200-2290 Oak Grove Road from Planned Development (PD-1936) to a new Planned Development District (P-D) (P-D Rezoning Application No. Y21-117). (introduced 6/21/22)
DRAFT ORDINANCE - CITRUS MARKETPLACE
d.
ADOPTED RESOLUTION NO. 22-38 approving the Salary and Wage Plan dated and effective as of July 24, 2022.
Agenda Report
ATTACHMENT - DRAFT RESOLUTION
EXHIBIT A - SALARY AND WAGE PLAN DATED AND EFFECTIVE AS OF JULY 24, 2022 f.
AUTHORIZED THE MAYOR to sign a letter in support of the proposed affordable housing development at 699 Ygnacio Valley Road.
Agenda Report
ATTACHMENT - DRAFT LETTER OF SUPPORT
g.
ACCEPTED $239,000 in Major Streets grant funding from Contra Costa Transportation Authority to allocate to the Downtown Fiber Optic Network Phase One Project CP009985; ACCEPTED WORK for Contract 19-24, the Downtown Fiber Optic Network Phase One project as complete; and TRANSFERED remaining funds from CP009985 to CP010022 Traffic Monitoring and Communication Technology Phase 2.
Agenda Report
ATTACHMENT - CCTA RESOLUTION
e.
ADOPTION OF RESOLUTION authorizing the City Manager to execute a License Agreement with the California Department of Military for the purpose of operating a temporary homeless shelter at the Walnut Creek Armory between the months of November 2022 and April 2023; and take such further actions as may be necessary to implement the License Agreement.
Mayor Pro Tem Silva pulled Consent Calendar Item 2e to provide comments.
Motion by Mayor Pro Tem Silva, second by Wilk,
carried unanimously
, to ADOPT RESOLUTION NO. 22-39 authorizing the City Manager to execute a License Agreement with the California Department of Military for the purpose of operating a temporary homeless shelter at the Walnut Creek Armory between the months of November 2022 and April 2023; and take such further actions as may be necessary to implement the License Agreement.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - TRINITY PROPOSAL
ATTACHMENT 2 - OPERATING PLAN
ATTACHMENT 3 - HOMELESS SHELTER GOVT CODE
ATTACHMENT 5 - 2021-2022 LICENSE AGREEMENT
ATTACHMENT 6 - EMERGENCY SHELTER ZONING MAP
ATTACHMENT 7 - RESOLUTION
3. PUBLIC COMMUNICATIONS
Oral public comments were received from: Michele Sheehan; Linda Rimac Colberg; Steve Curtis; Rosemary Nishikawa; Adena Verdi; Henry D.; William Cottrell; Rosalie Howarth; Lillian Leong; Andrew Verdi; Jack; Claudia Soto. Remote public comments were received from: Pete Bennett; Radhika; Derene Allen; and Diane Young. Written public comments were received and provided to the City Council, and posted online as part of the meeting record.
Addendum - General Public Comments Received
Captain Andy Brown discussed recent crime trends in the Bay Area and regionally.
The meeting was recessed briefly from 6:56 p.m. to 7:10 p.m.
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - City Attorney Steve Mattas reported that by a 5-0 vote, the City Council authorized that the City opt out of the national settlement with Monsanto Company. This is an action that has been taken by the County as well as a number of other cities in Contra Costa County. The Council’s action does also allow Walnut Creek to join with many other cities in their own independent litigation against Monsanto to recover costs the City will incur to treat PCB’s in the groundwater. This action also includes the retention of the law firm of Sher Edling, LLP, to represent the city along with many other cities on a contingent basis. 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.
5. CONSIDERATION
a.
CONSIDERATION OF A RESOLUTION ESTABLISHING NOVEMBER 8, 2022 AS THE ELECTION DATE TO CONSIDER AN ORDINANCE IMPOSING A ONE-HALF PERCENT (0.5%) TRANSACTIONS AND USE ("SALES") TAX FOR A PERIOD OF TEN YEARS; ORDERING THE SUBMITTAL OF THE ORDINANCE TO THE VOTERS AT THE ELECTION; REQUESTING THAT THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS CONSENT TO THE CONSOLIDATION OF THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND SPECIFYING PROCEDURES AND PROCESSES RELATED TO THE BALLOT ARGUMENTS City Manager Dan Buckshi presented the agenda report. He reported that for many years, the City has engaged the community in conversations about the future needs of Walnut Creek. These conversations have ramped up over the past two years, with the City engaging in discussions with residents regarding their priorities and interests, and evaluating growing needs related to the vital programs and services provided by the City. Many City facilities that support the community’s most valued programs and services are several decades old and nearing the end of their useful lifespans after constant use by tens of thousands of individuals and families. In addition, there are programs and services that are important to the community and to maintaining the quality of life in Walnut Creek now and into the future. To fund these current and future needs, the City Council is asked to consider placing a ten-year, ½ cent sales tax increase on the November 8, 2022 ballot for voter consideration.
Oral public comments were received from: Susan Hildreth; Marcia McLean; Rob Stankus; Audrey Gee; Brian Milford; Jesse S.; and Andrew Verdi. Remote public comments were received from: Kathy Hicks; Brendan Moran; and Justin Pajer. Written public comments were received and provided to the City Council, and posted online as part of the meeting record.
The meeting was recessed from 8:28 p.m. to 8:35 p.m.
A revised Resolution and attached Ordinance were presented to the City Council for consideration.
The meeting was recessed from 9:21 p.m. to 9:29 p.m.
Motion by Haskew, second by Wilk,
carried unanimously
, to ADOPT RESOLUTION NO. 22-40 establishing November 8, 2022 as the election date to consider an ordinance imposing a one-half percent (0.5%) transactions and use (“sales”) tax for a period of ten years; ordering the submittal of the ordinance to the voters at the election; requesting that the contra costa county board of supervisors consent to the consolidation of this election with the statewide general election to be held on the same date, directing the city attorney to prepare an impartial analysis; and specifying procedures related to submission of ballot arguments, as provided in its revised format at the meeting.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - SALES TAX MEASURE FAQ
ATTACHMENT 2 - RESOLUTION CALLING SALES TAX ELECTION
ATTACHMENT 3 - PROPOSED TAX ORDINANCE
Addendum - Public Comments Received
Addendum - Revised Resolution (Attachment 2) Provided at Meeting Addendum - Revised Resolution (Attachment 3) Provided at Meeting
6. ADJOURNMENT OF THE REGULAR MEETING OF THE CITY COUNCIL at 9:42 p.m. in memorialm of Robert (Bob) Wilk. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Matt Francois
2021-22 Mayor of the City of Walnut Creek