City Council Regular Meeting - 6:00 PM
Tuesday, November 15, 2022
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
DARLING
HASKEW
WILK
mAYOR pRO tEM SILVA
mayor FRANCOIS
Meeting mintues were approved by the City Council on December 6, 2022.
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: Legislative Update - Senator Glazer
d.
PROCLAMATION: Small Business Saturday - November 26, 2022
2. CONSENT CALENDAR
There were no public comments for items on the Consent Calendar. Mayor Pro Tem Silva pulled Consent Calendar Items 2f, 2g and 2h.
Motion by Haskew, second by Wilk,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-2e and 2i as follows:
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois. a.
APPROVED CITY COUNCIL MINUTES of November 1, 2022.
NOV 1 2022 Meeting Minutes
b.
ACCEPTED WARRANT REGISTERS dated October 28, 2022 and November 4, 2022; and DIRECT PAYROLL TRANSFERS dated November 4, 2022.
Warrant Registers
c.
ADOPTED ORDINANCE NO. 2226 amending the City of Walnut Creek Code of Ordinances to repeal Title 9, Chapter 12 (Flood Damage Prevention) and to Adopt a new Title 9, Chapter 12 (Floodplain Management) (Introduced on November 1, 2022).
ATTACHMENT - DRAFT FLOODPLAIN ORDINANCE
d.
ADOPTED RESOLUTION NO. 22-52 approving a Community Benefits and Sustainability Measures package and authorizing Herb N Joy to seek amendments to their Operator and Conditional Use Permits to add adult-use cannabis delivery operations.
Agenda Report
ATTACHMENT - DRAFT RESOLUTION
e.
AUTHOIRZED THE MAYOR to execute the amendment to the License Agreement for the Ygnacio Valley Overcrossing with Contra Costa County.
Agenda Report
ATTACHMENT 1 - LICENSE AGREEMENT
ATTACHMENT 2 - AMENDMENT TO LICENSE AGREEMENT
i.
DESIGNATED MAYOR PRO TEM CINDY SILVA as the voting delegate for purposes of voting on the City's behalf, at the National League of Cities annual business meeting to be held on Saturday, November 19, 2022.
Agenda Report
Mayor Pro Tem Silva pulled Consent Calendar Items 2f, 2g and 2h to ask questions of staff. No public comments were received related to Consent Calendar Items 2f, 2g and 2h. Additional information from staff was provided in advance of the meeting and provided to the City Council, and posted online as part of the meeting record.
Motion by Mayor Pro Tem Silva, second by Haskew,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2f, 2g and 2h as follows:
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois. f.
AUTHORIZED THE CITY MANAGER to execute a 2022-2027, 5-year term management agreement with the Walnut Creek Chamber of Commerce & Visitors Bureau (CVB), a non-profit mutual benefit corporation, to provide management services for the Shadelands Property & Business Improvement District (PBID), with an amendment to the agreement clarifying that CVB carry Directors and Officers insurance.
Agenda Report
ATTACHMENT 1 - SCOPE OF WORK
ATTACHMENT 2 - SERVICES AGREEMENT
2f - Addendum - Correspondence Received
g.
AUTHOIRZED THE CITY MANAGER to execute a 2022-2027, 5-year term management agreement with Walnut Creek Downtown (WCD), a non-profit mutual benefit corporation, to provide management services for the Downtown Walnut Creek Business Improvement District (BID) and the Downtown Walnut Creek South Business Improvement District (SBID), with an amendment to the agreement clarifying that WCD carry Directors and Officers insurance..
Agenda Report
ATTACHMENT 1 - SCOPE OF SERVICES
ATTACHMENT 2 - SERVICES AGREEMENT
2g - Addendum - Correspondence Received
h.
AUTHOIRZED THE CITY MANAGER to execute a 2022-2027, 5-year term management agreement with the Walnut Creek Chamber of Commerce & Visitors Bureau (CVB), a non-profit mutual benefit corporation, to provide management services for the Walnut Creek Tourism Business Improvement District (TBID), with an amendment to the agreement clarifying that CVB carry Directors and Officers insurance.
Agenda Report
ATTACHMENT 1 - SCOPE OF WORK
ATTACHMENT 2 - SERVICES AGREEMENT
2h - Addendum - Correspondence Received
3. PUBLIC COMMUNICATIONS
Remote public comments were received from Pete Bennett and Barbara G.
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - none.
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; and made comments on issues of concern.
5. PUBLIC HEARING
a.
ADOPTION OF ORDINANCE AMENDING TITLE 9 OF THE WALNUT CREEK MUNICIPAL CODE FOR THE ADOPTION OF THE 2022 CALIFORNIA BUILDING STANDARDS CODE WITH AMENDMENTS Chief Building Official Frank Kong provided the staff presentation. He reported that the California Building Standards Commission has adopted a new Title 24 of the California Code of Regulations, also referred to as the 2022 California Building Standards Code. The new codes were published in July 2022 and will become effective on January 1, 2023. As part of the triennial code adoption cycle, the City of Walnut Creek must adopt the new codes along with local amendments. The Ordinance amending Title 9 of the Walnut Creek Municipal Code for the adoption of building and safety codes was introduced on November 1, 2022 and tonight’s meeting was set as the Public Hearing date.
Mayor Francois opened the public hearing. There being no one to speak to the item, Mayor Francois closed the public hearing.
Motion by Mayor Pro Tem Silva, second by Darling,
carried unanimously
, to WAIVE SECOND READING AND ADOPT ORDINANCE NO. 2227 amending Title 9 of the Walnut Creek Municipal Code to adopt the 2022 California Building Standards Code with amendments.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - DRAFT ORDINANCE
ATTACHMENT 2 - EX A - ADOPTION AND AMENDMENTS TO 2022 BLDG STANDARDS CODE ATTACHMENT 3 - EX B - CITY LOCAL FINDINGS
ATTACHMENT 4 - EX C - FIRE CODE ORDINANCE 2022-34
ATTACHMENT 5 - EX D - COUNTY FINDINGS
ATTACHMENT 6 - CALGREEN ELECTRICAL VEHICLE CHARGING REQUIREMENTS
6. CONSIDERATION
a.
2022 LEGISLATIVE REPORT
Deputy City Manger Carla Hansen introduced the item. Casey Elliott, Vice President of Townsend Public Affairs (TPA), a State and Federal advocacy firm, provided the presentation. He reported that with the completion of the most recent legislative session, TPA has prepared a 2022 Legislative Report detailing TPA’s and the City’s advocacy efforts over the past year and highlights and impacts of major enacted legislation.
Mayor Francois opened the item for public comment; hearing no comment, he closed the public comment period.
The City Council received the 2022 Legislative Report; no formal action was taken.
Agenda Report
ATTACHMENT - 2022 LEGISLATIVE REPORT
The meeting was recessed from 7:27 p.m. to 7:33 p.m.
b.
SUSTAINABILITY ACTION PLAN 2030 PHASE 2 DISCUSSION CONTINUED: NEW STATUTORY 2045 NET CARBON NEUTRALITY GOALS AND STRATEGIES FOR ACHIEVING GREENHOUSE GAS REDUCTIONS, IMPROVING CLIMATE RESILIENCE AND ENVIRONMENTAL SUSTAINABILITY Deputy City Manager Carla Hansen introduced the item. Administrative Analyst II Emlyn Struthers and Eli Krispi, PlaceWorks provided the presentation. It was reported that the Sustainability Action Plan (SAP) is a broad and comprehensive approach to achieving greenhouse gas emission reductions goals, adapting to climate change, and enhancing the City’s climate resiliency. The City is currently in Phase 2 of plan development. The purpose of Phase 2 is to identify strategies to reduce greenhouse gas emissions to achieve State regulatory goals, in addition to identifying climate adaptation and sustainability strategies that will be incorporated into the SAP. The City Council held a study session on August 2, 2022 to review 22 draft strategies. Since then, the financial and regulatory framework for greenhouse gas (GHG) reduction in California has changed significantly. This report provides an update on key policy changes that have occurred since the August 2 study session, presents modifications to the strategies that will allow the City to reach the new statutory goals and provides additional detail on six strategies that are the most impactful in reaching GHG emission reduction goals.
Mayor Francois opened the item for public comment. In-person oral public comments were received from: Bob Linscheid, Walnut Creek Chamber of Commerce; Adrian Byram; Jan Warren; Laura Patch; Leela McCullough; Ogie Strogatz; Carol Weed; and Karen Perkins. Remote public comments were received from: Radhika; Sameer Advani; Lisa Jackson; and Gary Farber. Additional staff information and written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
The City Council asked questions of staff.
The City Council provided feedback on the 22 draft strategies.
Motion by Mayor Pro Tem Silva, second by Wilk,
carried unanimously
, TO DIRECT STAFF to move forward into Phase 3 by drafting the Sustainability Action Plan and conducting environmental review on the 22 proposed strategies.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - STRATEGIES REVISIONS MEMO
ATTACHMENT 2 - STRATEGY SUMMARY SHEETS
ATTACHMENT 3 - DETAILS TABLES
Addendum - Public Comment & Correspondence Received Prior to Meeting
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