City Council Special Meeting - Closed Session at 5:00 PM & Open Session at 6:00 PM Tuesday, October 11, 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 October 18, 2022.
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 5:00 PM Council Chamber, 1st Floor/3rd Floor Conference Room
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 relating to the Closed Session item were received.
2. CLOSED SESSION
The City Council reconvened in closed session in the 3rd Floor Conference Room pursuant to:
a.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
Name of case: Workers’ Compensation Appeals Board - Case No. ADJ 15974953
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:35 p.m. ______________________________________________________________________________________________________________________________________ CITY COUNCIL SPECIAL MEETING AT 6:00 PM
Council Chamber, 1st Floor
1. OPENING
a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance.
c.
PROCLAMATION: Domestic Violence Awareness Month
d.
PRESENTATION: Drought Update by East Bay Municipal Utility District and Contra Costa County Water District e.
PRESENTATION: ARM of Care
Addendum - Additional Material Provided at Dais
2. CONSENT CALENDAR
Councilmember Wilk pulled Item 2c from the Consent Calendar. No public comments were received for Consent Calendar Items 2a, 2b and 2d-2g.
Motion by Mayor Pro Tem Silva, second by Haskew,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a, 2b and 2d-2g as follows:
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois. a.
APPROVED CITY COUNCIL MINUTES of September 20, 2022.
SEP 20 2022 Meeting Minutes
b.
ACCEPTED WARRANT REGISTERS dated September 16, 2022 and September 23, 2022; and DIRECT PAYROLL TRANSFERS dated September 23, 2022.
Warrant Registers
d.
ADOPTED RESOLUTION NO. 22-48 approving the street name "Haleena Place," a private shared street stemming from Walnut Boulevard, for Major Subdivision No. 9556.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - LOCATION MAP
ATTACHMENT 3 - SITE PLAN SUBDIVISION PLAN
e.
ACCEPTED $101,536 from the CalRecycle Senate Bill (SB) 1383 Local Assistance Grant Program; and AUTHORIZED the City Manager to execute a Memorandum of Understanding with the Central Contra Costa Solid Waste Authority to provide $91,382 in one-time SB 1383 Local Assistance Grant Program funds in order to defray a portion of the SB 1383 implementation activities conducted on behalf of the member agencies.
Agenda Report
ATTACHMENT - MOU
f.
AUTHORIZED the City Manager to execute the agreement between the Walnut Creek School District and the City of Walnut Creek for use of the Walnut Creek Intermediate Gymnasium.
Agenda Report
ATTACHMENT - AGREEMENT WITH WC SCHOOL DISTRICT
g.
AUTHORIZED the City Manager to execute an Assignment, Assumption and Amendment of the Lease Agreement ("Lease") for the City-owned premises at 1360 Locust Street from Bierhaus to Melo's Italian Table.
Agenda Report
ATTACHMENT - AMENDMENT TO LEASE
c.
ADOPTION OF A RESOLUTION supporting free and fair elections.
Councilmember Wilk pulled Item 2c from the Consent Calendar to provide comments. He also invited Renee Zeimer to say a few words. In-person oral comments were received from Pete Bennett.
Motion by Wilk, second by Mayor Francois,
carried unanimously
, to ADOPT RESOLUTION NO. 22-49 supporting free and fair elections.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT - DRAFT RESOLUTION
PUBLIC COMMUNICATIONS
In-person oral comments were received from: Pete Bennett and Bob Joe, Sustainable Walnut Creek. Remote public comments were received from: Barbara G. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
Public Comment Received BEFORE Meeting
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - none.
b.
City Manager reports - City Manager Dan Buckshi shared that the City received a Certificate of Achievement for excellence in finanial reporting. He also reported on a recent tour of 1034 Oak Grove Street which will be converted for a program related to the A-3 Community Crisis Response program. 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.
Addendum - Additional Material Provided at Dais
5. CONSIDERATION
a.
CITY COUNCIL 2021-2022 PRIORITIES UPDATE
City Manager Dan Buckshi introduced the item. Deputy City Manager Carla Hansen provided the staff presentation. She reported that on March 25, 2021, the City Council identified five strategic priorities for the City for the next two calendar years (2021-2022). She presented an update on work completed or in process for each priority.
In-person oral comments were received from Jan Warren. Remote public comments were received from Barbara G.
Motion by Darling, second by Mayor Pro Tem Silva,
carried unanimously
, to RECEIVE the 2021-2022 City Council Priorities Update.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - 2021-2022 CITY COUNCIL PRIORITIES
ATTACHMENT 2 - CITY COUNCIL 2021-2022 PRIORITIES UPDATE The meeting was recessed from 8:22 p.m. to 8:30 p.m.
b.
CONSIDERATION OF RESOLUTION APPROVING A SUSTAINABILITY MEASURES AND COMMUNITY BENEFITS CRITERIA POLICY RELATED TO SELECTION PROCEDURES FOR NON STOREFRONT CANNABIS DELIVERY-ONLY OPERATOR PERMITS RGS Contract Planner Brad Evanson provided the agenda report. He reported that on September 6, 2022, the City Council considered a Sustainability Measures and Community Benefits Criteria Policy to inform the selection process for potential non storefront cannabis delivery operators within Walnut Creek. Following the public comment period, the City Council provided feedback on the proposed policy and directed staff to return with a revised resolution reflecting the feedback provided. Staff has prepared a revised Cannabis Sustainability Measures and Community Benefits Criteria Policy for City Council consideration.
An amended resolution was provided to the City Council, and posted online as part of the meeting record.
In-person oral comments were received from Renee Lee. Remote public comments were received from Barbara G.
City Attorney Steve Mattas reported that staff has prepared language for a supplemental motion, a motion in addition to the existing motion approving the policy (via the revised Resolution provided).
Motion by Haskew, second by Darling,
carried unanimously
, to ADOPT RESOLUTION NO. 22-50 approving a Sustainability Measures and Community Benefits Criteria Policy related to selection procedures for non-storefront cannabis delivery-only opertor permits, as provided as amended; and to (1) DIRECT STAFF to consider Herb N' Joy's application and community benefits/sustainability measures program at a City Council meeting in November and (2) DIRECT STAFF to prepare and release an RFP for the remaining permits with such RFP containing a fixed time period of a short duration for potential operators to submit applications to the City. Review of such applications shall be consistent with the terms of the RFP and the Cannabis Selection Procedures Resolution. Furthermore, if a new permit slot becomes available, the new permit slot will also be subject to an RFP with a limited time period in which to submit an application.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
City Attorney Steve Mattas clarified for the record that the first part of the motion was to adopt the resolution as amended.
Agenda Report
ATTACHMENT - DRAFT RESOLUTION
Addendum - Revised DRAFT Resolution
Addendum - Motions Added at Dais
6. ADJOURNMENT OF THE SPECIAL MEETING OF THE CITY COUNCIL at 8:59 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