City Council Special Meeting - 4:30 PM & Regular Meeting - 6:00 PM Tuesday, September 6, 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 September 20, 2022.
Note: The agenda was amended to add Agenda Item 2o to the Regular Meeting at 6 pm pursuant to California Government Code Section 54954.2(b)(2). _____________________________________________________________________________________________________________________________________ CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 4:30 PM Council Chamber, 1st Floor/3rd Floor Conference Room, and via teleconference location (Hyatt Regency Long Beach, 200 S. Pine Avenue, Long Beach, CA 90802)
1. OPENING AND PUBLIC COMMUNICATIONS
All Councilmembers were in attendance (Mayor Pro Tem Silva attended via teleconference). 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 on the Closed Session item. The City Council reconvened in the 3rd Floor Conference Room for Closed Session following the opportunity for public comment.
2. CLOSED SESSION
The City Council reconvened in closed session in the 3rd Floor Conference Room pursuant to:
a.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: 1360 Locust Street, Walnut Creek
Negotiating Parties: City of Walnut Creek and BHWC LLC d/b/a Bierhaus Court, Agency negotiators: Dan Buckshi, City Manager; Teri Kilgore, Assistant City Manager; Heather Ballenger, Public Works Director Under negotiation: Price and terms of payment
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 and via teleconference location (Hyatt Regency Long Beach, 200 S. Pine Avenue, Long Beach, CA 90802)
1. OPENING
a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance (Mayor Pro Tem Silva attended via teleconference). c.
PRESENTATION: Las Lomas Wellness Center
Proclamation Item 1e was discussed prior to Proclamation Item 1d. e.
PROCLAMATION: National Library Card Sign Up
d.
PROCLAMATION: International Overdose Awareness
2. CONSENT CALENDAR
Mayor Francois noted that the agenda was proposed to be amended to add Consent Calendar Item 2o pursuant to Government Code Section 54954.2(b)(2). California Government Code Section 54954.2(b)(2) allows the consideration of an added item if there is an immediate need to take action and that the need for action came to the City’s attention after the agenda was posted. The City Council must make a determination, by a 2/3 vote, to consider the item.
Motion by Darling, second by Haskew,
carried unanimously
, to ADD Consent Calendar Item 2o to the agenda.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Mayor Francois opened the Consent Calendar for public comment. No public comments were received for items on the Consent Calendar.
Motion by Haskew, second by Wilk,
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 August 2, 2022, as provided in their amended format at the meeting.
Meeting Minutes - August 2, 2022
Addendum - Meeting Minutes - Aug 2, 2022
b.
ACCEPTED WARRANT REGISTERS dated July 22, 2022, July 29, 2022, August 5, 2022, August 12, 2022, August 19, 2022 and August 26, 2022; and DIRECT PAYROLL TRANSFERS dated July 29, 2022, August 12, 2022 and August 26, 2022.
Warrant 1 - SIGNED 8-3-22
Warrant 2 - SIGNED 8-17-22
Warrant 3 - SIGNED 8-30-22
c.
ADOPTED RESOLUTION NO. 22-43 authorizing the Mayor to accept the Grant of Public Utility Easement at 336 Atri Court (Deed 22-0002) from Poornima Sundararaman and Shrihari Murlidharan to the City for public utility purposes.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - VICINITY MAP
ATTACHMENT 3 - GRANT OF EASEMENT
d.
ADOPTED RESOLUTION NO. 22-44 accepting subdivision dedications and improvements for Subdivision 9472 located at 301, 3121, 326; 328, 332, and 336 Atri Court for public use and City maintenance.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - VICINITY MAP
ATTACHMENT 3 - FINAL MAP
e.
ADOPTED RESOLUTION NO. 22-45 amending the City's Conflict of Interest Code to modify the annual gift limit in connection with the 2022 biennial review.
Agenda Report
ATTACHMENT - RESOLUTION (1 OF 3)
ATTACHMENT - COI TO RESO (2 OF 3)
ATTACHMENT - EXHIBITS TO COI (3 OF 3)
f.
ACCEPTED the June 2022 Investment and IRS Section 115 Pension Trust Report.
Agenda Report
ATTACHMENT 1 - INVESTMENT DETAIL REPORT
ATTACHMENT 2 - SUPPLEMENTARY INFORMATION BY INVESTMENT TYPE ATTACHMENT 3 - WALNUT CREEK SECTION 115 PENSION TRUST STATEMENT ATTACHMENT 4 - WALNUT CREEK SECTION 115 PENSION TRUST ECONOMIC OVERVIEW g.
APPROVED a second addendum to agreement between the Dean & Margaret Lesher Foundation and the City; and AUTHORIZED appropriation of $100,282.89 in the Rudney Plaza Innovative Programming Fund in FY23 for programming on the outdoor plaza.
Agenda Report
ATTACHMENT - 2ND ADDENDUM TO AGREEMENT
h.
AUTHORIZED THE CITY MANAGER to execute an amendment to the Master Services Agreement (MSA) for staff support with Regional Government Services (RGS), to increase the MSA amount by $280,000, for a total amount not to exceed $775,000.
Agenda Report
i.
AUTHORIZED THE CITY MANAGER to execute Task Order No. 4, Transit Signal Priority Signal Timing Settings for the existing IDEA Transit Signal Priority project for $25,965 with Kimley-Horn and Associates.
Agenda Report
ATTACHMENT - TASK ORDER 4
j.
AUTHORIZED THE CITY MANAGER to execute a three-year contract with Applied Computer Solutions for upgrade of the telephone system to Cisco WebEx; and AUTHORIZED THE APPROPRIATION of $475,919 from the Information Systems Internal Service Fund.
Agenda Report
ATTACHMENT - APPLIED COMPUTER SYSTEMS QUOTE
k.
CONFIRMED THE APPOINTMENT of Alexandra Wolf as City of Walnut Creek Assistant City Attorney.
Agenda Report
l.
DIRECTED the City’s voting delegate and alternate to vote in favor of the Cal Cities’ Board of Directors proposed bylaws amendments at the Cal Cities’ Annual Conference General Assembly on September 9, 2022.
Agenda Report
m.
AWARDED CONTRACT 22-16, the Los Altos Storm Drain project to FJ & I Engineering Inc, for a contract price of $187,410, with a contingency and reserve not to exceed $50,000 for an authorized total of $237,410.
Agenda Report
ATTACHMENT 1 - SITE LOCATION
ATTACHMENT 2 - BID EVALUATION
ATTACHMENT 3 - STORMDRAIN EASEMENT
n.
TRANSFERED FUNDS in the amount of $400,000 from Fund 154 (Citywide In-Lieu Undergrounding) to Work Order CP9776 to install streetlights and sidewalks are needed in connection with the Bonanza Street Utility Undergrounding project.
Agenda Report
ATTACHMENT - APR 5, 2016 AGENDA REPORT
o.
DESIGNATED Mayor Pro Tem Cindy Silva as the voting delegate and both Mayor Matt Francois and Councilmember Kevin Wilk as the two alternate voting delegates for purposes of voting at the League's Annual Business Meeting.
Agenda Report
3. PUBLIC COMMUNICATIONS
In-person oral comments were received from: Julie Welsh; Paul Soria; Mohsen Salehi; Aarthi Shirakumar; Shira Sundaram; Judy Woleski; Yuriy Cherkashin. Remote public comments were received from: Barbara G.; Greg Kremenliev; Karen S. 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 - Assistant City Attorney Brian Hickey reported there was no reportable action from tonight’s closed session, but provided an announcement regarding the Cooley vs. Walnut Creek matter. He reported that the City’s risk pooling authority (the MPA) has approved a settlement in this matter. Pursuant to the terms of the settlement, which has now been finalized, the MPA has agreed to pay plaintiff $200,000 in exchange for a full release of all claims. b.
City Manager reports - City Manager Dan Buckshi reported on a recent staff training on emergency preparedness and response; and commented on the heat wave, noting the cooling centers that have been opened throughout the city. 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 SUPPORTING AND ENDORSING MEASURE O, A TEN YEAR, ½ CENT SALES TAX INCREASE BALLOT MEASURE BEING CONSIDERED BY WALNUT CREEK VOTERS AT THE NOVEMBER 8, 2022 ELECTION City Manager Buckshi presented the agenda report. He reported that on July 19, 2022, the City Council unanimously approved placing a placing a ten-year, ½ cent sales tax increase on the November 8, 2022 ballot to fund current and future quality of life needs. The City Council as a body may take an official position for or against Measure O. The City Council was asked to consider adopting a resolution expressing support for and endorsement of Measure O.
Mayor Francois opened the item for public comment. In-person oral comments were received from Bob Linscheid, President and CEO of the Walnut Creek Chamber of Commerce. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
Motion by Mayor Francois, second by Mayor Pro Tem Silva, carried unanimously
, to ADOPT RESOLUTION NO. 22-46 endorsing Measure O, the proposed City Transactions and Use Sales Tax Measure on the November 8, 2022 ballot.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 JULY 19, 2022 ADOPTED RESOLUTION
ATTACHMENT 2 SEPTEMBER 6, 2022 DRAFT RESOLUTION
Addendum - Public Comment Received Prior to Meeting
b.
CANNABIS SUSTAINABILITY MEASURES AND COMMUNITY BENEFITS CRITERIA RGS Contract Planner Brad Evanson presented the agenda report. He reported that on April 19, 2022, the City Council adopted a new selection procedures resolution outlining the process for the selection of new cannabis business operators in the City. Resolution No 22-16 establishes a Request For Proposals (RFP) methodology for the selection of cannabis operators. The selection criteria specified in Resolution 22-16 include: Quality and Thoroughness of the Application Materials; Experience and Qualifications; Sustainability Measures; and a Community Benefits Plan. Mr. Evanson reported that staff has prepared a Cannabis Sustainability Measures and Community Benefits Criteria Policy for City Council consideration to outline the types of measures/benefits that potential applicants for cannabis business operator permits would need to propose in order to be eligible for the available points for those categories pursuant to an RFP.
Mayor Francois opened the item for public comment. In-person oral comments were received from Falguni Dave, HerbnJoy and Bob Linscheid, President and CEO of the Walnut Creek Chamber of Commerce.
The City Council provided feedback on the proposed Cannabis Sustainability Measures and Community Benefits Criteria Policy.
The City Council did not approve the Cannabis Sustainability Measures and Community Benefits Criteria Policy and directed staff to return in October with a revised resolution reflecting the feedback provided this evening, including the hybrid approach for the community benefits criteria. No formal action was taken.
Agenda Report
ATTACHMENT - DRAFT RESOLUTION
6. ADJOURNMENT OF THE REGULAR MEETING OF THE CITY COUNCIL at 9:04 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