City Council Special Meeting - Open Session - 5:00 PM & Regular Meeting - 6:00 PM Tuesday, September 5, 2023
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
DARLING
FRANCOIS
WILK
mAYOR pRO tEM HASKEW
mayor SILVA
Meeting minutes were approved by the City Council on September 19, 2023.
CITY COUNCIL SPECIAL MEETING - OPEN SESSION AT 5:00 PM
Council Chamber, 1st Floor
1. OPENING AND PUBLIC COMMUNICATIONS
Consider and take action on any request from a Councilmember to participate in a meeting remotely due to emergency circumstances pursuant to Government Code Section 54953(f)(1). Receive notice that a Councilmember is participating in the meeting due to just cause circumstances pursuant to Government Code Section 54953(f)(1) - None.
All Councilmembers were in attendance. Mayor Silva reported that under California law, public comments at special meetings are limited to subjects on the agenda only. No public comments were received relating to the selection of applicants to be interviewed for consideration for the Measure O Citizens’ Oversight Committee.
2. OPEN SESSION
a.
SELECTION OF APPLICANTS TO BE INTERVIEWED FOR CONSIDERATION FOR THE MEASURE O CITIZENS’ OVERSIGHT COMMITTEE The Measure O Citizens’ Oversight Committee was established to review and report on the revenue and expenditures generated by the Measure O sales tax. There are five openings on the newly established committee. Council was asked to select the applicants to be interviewed for these openings and determine the process to be used for interviewing candidates.
City Clerk Suzie Martinez reported a revised applicant list was provided.
The City Council agreed to voting for their top ten applicants. The City Council balloted and City Clerk Martinez announced the ballot results. Ten applicants received three or more votes.
Motion by Mayor Pro Tem Haskew, second by Wilk,
carried unanimously
, to interview the Measure O Citizens' Oversight Committee applicants receiving 3, 4 or 5 votes.
YEAS:
Darling, Wilk, Francois, Mayor Pro Tem Haskew, Mayor Silva.
The City Council will interview the following applicants at an October 17, 2023 City Council special meeting: Jonathan Bartlett; Molly P. Clopp; Geoffrey Fite; Susan H. Hildreth; Brian Mulligan; Laura Patch; Jesse Smyers; Harry L. Styron; Colin Peat Sutherland; and Gerald Wu. Interviews will be conducted in a panel format.
Agenda Report
ATTACHMENT 1 - ORD 2228 PURPOSE STRUCTURE TIMELINE OF MEASURE O CITIZENS OVERSIGHT COMMITTEE ATTACHMENT 2 - RESO NO 23-30 ESTABLISHING MEASURE O CITIZENS OVERSIGHT COMMITTEE ATTACHMENT 3 - LIST OF APPLICANTS
Addendum - Update to Applicant List
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - OPEN SESSION at 5:12 p.m. ______________________________________________________________________________________________________________________________________ CITY COUNCIL REGULAR MEETING AT 6:00 PM
Council Chamber, 1st Floor
1. OPENING
Consider and take action on any request from a Councilmember to participate in a meeting remotely due to emergency circumstances pursuant to Government Code Section 54953(f)(1). Receive notice that a Councilmember is participating in the meeting due to just cause circumstances pursuant to Government Code Section 54953(f)(1) - None. a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance.
c.
PROCLAMATION: Farmer’s Market 40th Anniversary
d.
PROCLAMATION: National Preparedness Month
e.
PRESENTATION: Walnut Creek Bomb Squad Response to San Pablo Hazardous Materials Incident
2. CONSENT CALENDAR
Consent Calendar Item 2f was pulled to allow for a member of the public to provide comments.
Motion by Mayor Pro Tem Haskew, second by Francois,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-2e as follows:
YEAS:
Darling, Wilk, Francois, Mayor Pro Tem Haskew, Mayor Silva. a.
APPROVED CITY COUNCIL MINUTES of August 1, 2023.
AUG 1 2023 - DRAFT Meeting Minutes
b.
ACCEPTED WARRANT REGISTERS dated July 24, 2023, July 28, 2023, August 4, 2023, August 11, 2023, August 18, 2023 and August 25, 2023; and DIRECT PAYROLL TRANSFERS dated July 28, 2023, August 11, 2023 and August 25, 2023.
Warrant Registers (part one of two)
Warrant Registers (part two of two)
c.
AUTHORIZED BY FOUR-FIFTHS VOTE continuation of the emergency procurement actions undertaken pursuant to Public Contract Code Section 22050 for emergency repair work at Ygnacio Valley Road (East of Oak Grove Rd.) - Update #10.
Agenda Report
ATTACHMENT - RESOLUTION 23-09
d.
AUTHORIZED THE CITY MANAGER to execute annual purchase agreements over the next five (5) years with Western States Oil International and with Pinnacle Petroleum for automotive fuel in an amount not to exceed the Annual Fuel Budget subject to terms established by the current cooperative agreement and/or future cooperative agreements with the County of Santa Clara and with the State of California Department of General Services, respectively.
Agenda Report
ATTACHMENT 1 - CONTRACT CW2239581 SANTA CLARA
ATTACHMENT 2 - CONTRACT 1-23-91-02B DEPT GEN SERVICES
e.
AUTHORIZED THE CITY MANAGER to enter into a Master Consultant Services Agreement with Terracon Consultants for Geotechnical consultant services related to the Aquatic and Community Center and Synthetic Sports Field at Heather Farm Park, for an amount not to exceed $300,000, and Task Order No. l for Geotechnical Engineering Services for an amount not to exceed $62,782 and Task Order No. 2 for Pre-Demolition Hazardous Material Survey & Abatement Design, for an amount not to exceed $14,300, with any amendments approved as to form by the City Attorney.
Agenda Report
ATTACHMENT 1 - MASTER SERVICES AGREEMENT WITH TERRACON CONSULTANTS ATTACHMENT 2 - TASK ORDER 1 FOR GEOTECHNICAL ENGINEERING SERVICES ATTACHMENT 3 - ATTACHMENT A FOR TASK ORDER 1
ATTACHMENT 4 - TASK ORDER 2 FOR PRE-DEMOLITION HAZARDOUS MATERIAL SURVEY ABATEMENT DESIGN ATTACHMENT 5 - ATTACHMENT A FOR TASK ORDER 2
f.
AUTHORIZATION OF THE CITY MANAGER to submit a response to the 2022-23 Grand Jury Report No. 2306 “Affordable Housing: A Plan without A Home” by September 13, 2023, in accordance with California Penal Code Section 933.05.
Remote public comments were received from Charles Kreling.
Motion by Mayor Pro Tem Haskew, second by Francois,
carried unanimously
, to AUTHORIZE THE CITY MANAGER to submit a response to the 2022-23 Grand Jury Report No. 2306 “Affordable Housing: A Plan without A Home” by September 13, 2023, in accordance with California Penal Code Section 933.05.
YEAS:
Darling, Wilk, Francois, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
ATTACHMENT 1 - GRAND JURY REPORT NO. 2306
ATTACHMENT 2 - GRAND JURY RESPONSE LETTER
3. PUBLIC COMMUNICATIONS
In-person public comments were received from: Brett Kawakami, Walnut Creek Aquanuts; Margaret Martinez Franks, Planned Parenthood Northern California; Lesley Hunt, Friends of the Creeks (provided a handout related to the Walnut Creek Watershed Council); Mirianna Ford; Pete Bennett; and
Tina Neuhausel, Sustainable Contra Costa
.
Remote public comments were received from:
Natalie Inouye, Walnut Creek Civic Pride Foundation;
Andrea Balddacci, Walnut Creek Historical Society; Diane Young, Walnut Creek Community Service Day; Kathy Hemmenway, Walnut Creek Downtown; and Barbara G. Written public comments were also received, provided to the City Council and posted online as part of the meeting record.
Addendum - General Written Public Comment Received Prior to Meeting Addendum - Handed Out at Dais
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - none.
b.
City Manager reports - City Manager Dan Buckshi discussed the issue of amplified noise at Planned Parenthood; provided an update in regards to the concerns with a home on Westwood Court; and discussed emergency preparedness and how to register for the City’s alert system.
Motion by Wilk, second by Darling,
carried unanimously
, to bring forward an update in regards to amplified noise around Planned Parenthood and a potential ordinance, with latitude in the timeframe.
YEAS:
Darling, Wilk, Francois, Mayor Pro Tem Haskew, Mayor Silva. 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. CONSIDERATION
a.
SELECTION OF PREFERRED PICKLEBALL SITE & OPERATIONAL UPDATE Arts and Recreation Director Kevin Safine provided the staff presentation. He reported that two tennis courts were converted to pickleball courts at Rudgear Park in 2016 and 2018. Since the eight outdoor courts were established, pickleball has grown exponentially and the subsequent impact on the neighborhood and the ability of the courts to satisfy the demand for pickleball play is unsustainable at this location. A Pickleball Task Force and the PROS Commission recommend alternate sites and these options are presented for the City Council to consider a more suitable location for pickleball within Walnut Creek. The Council was also provided with an update on planned modifications to pickleball hours of operation.
The meeting was recessed from 8:31 to 8:42 p.m.
In-person oral public comments were received from: Karen Means; David Shafton; John Crooks; Kathy Sostaric; Derric Haynie; Kris Hunter; Russell Ogawa; Jason Morris; Sue Melly; Jill Shinkle; Mateo Nunez; Janet Rodgers; Bridget Cox; Read Powell; Stuart Mangini; Kevin Moura; Don Means; Derek Minno; Shiva Sundaram (provided a handout); Ti Caudron; Lisa Regal; Luis Moura; Kirstin L.; and Aarthi Shiva. Remote public comments were received from: Carmen Sanz; David Brown; Tony Parisi; Todd S.; and Valerie Gardner. Written public comments were also received, provided to the City Council and posted online as part of the meeting record.
Councilmembers asked questions about operational issues (hours and fees).
Motion by Francois, second by Wilk,
carried unanimously
, to DIRECT staff to begin working with the Walnut Creek Pickleball Club regarding fundraising a contribution towards pickleball courts at Tice Valley Park and staff to look at options for evaluating sound on a preliminary basis. Staff will return to the City Council with an update. Confirmation provided that the authority for
operational issues (pickleball hours and fees to use courts) reside with staff.
YEAS:
Darling, Wilk, Francois, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
Addendum - Written Public Comment Received Prior to Meeting Addendum - Handed Out at Dais
6. ADJOURNMENT OF THE REGULAR CITY COUNCIL MEETING at 10:38 p.m. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Cindy Silva
2022-23 Mayor of the City of Walnut Creek