City Council: Special Meeting - 3:45 PM & Regular Meeting - 6:00 PM Tuesday, October 17, 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 November 7, 2023.
CITY COUNCIL SPECIAL MEETING AT 3:45 PM
Council Chamber, 1st Floor / 3rd Floor Conference Room
1. OPENING AND PUBLIC COMMUNICATIONS
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.
2. INTERVIEW MEASURE O CITIZENS’ OVERSIGHT COMMITTEE APPLICANTS AND ACTION ON APPOINTMENTS The City Council interviewed the following candidates at this meeting for openings on the Measure O Citizens’ Oversight Committee: Jonathan Bartlett; Molly P. Clopp; Geoffrey Fite; Susan H. Hildreth; Brian Mulligan; Laura Patch; Jesse Smyers; Harry L. Styron; Colin Peat Sutherland; and Gerald K. Wu.
The City Council balloted and discussed the appointments.
Motion by Mayor Silva, second by Mayor Pro Tem Haskew,
carried unanimously
, to APPOINT the following individuals to the Measure O Citizens' Oversight Committee: Susan Hildreth and Jesse Smyers to initial 4-year terms; and Jonathan Bartlett; Molly Clopp; and Brian Mulligan to initial 2-year terms.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Motion by Francois, second by Wilk,
carried unanimously
, to APPOINT the following individuals to an Eligibility List for the the Measure O Citizens' Oversight Committee in the order as follows: Geoffrey Fite and Colin (Peat) Sutherland.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING at 5:15 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: Cybersecurity Awareness Month
d.
PROCLAMATION: Hispanic Heritage Month
e.
PRESENTATION: Sister Cities International
f.
PRESENTATION: Youth Leadership Commission
2. CONSENT CALENDAR
A revised set of minutes for October 3, 2023 were provided. Written public comments were received, provided to the Council and posted online as part of the meeting record for Consent Calendar Item 2d.
Motion by Mayor Pro Tem Haskew, second by Wilk,
carried unanimously
, to APPROVE THE CONSENT CALENDAR as follows:
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva. a.
APPROVED CITY COUNCIL MINUTES of October 03, 2023, as modified.
OCT 3 2023 DRAFT Meeting Minutes
Addendum - Updated Meeting Minutes
b.
ACCEPTED WARRANT REGISTERS dated September 29, 2023 and October 6, 2023; and DIRECT PAYROLL TRANSFERS dated October 6, 2023.
Warrant Registers
c.
APPROVED AND ISSUED THE REPORT describing the measures taken to alleviate the conditions which led to the adoption of Ordinance No. 2212, as extended by Ordinance Nos. 2213 and 2225, pertaining to the regulation of second dwellings and urban lot splits in single-family residential zoning districts.
Agenda Report
ATTACHMENT 1 - ORDINANCE 2212 - 10521
ATTACHMENT 2 - ORDINANCE 2213, EXTENSION NO. 1
ATTACHMENT 3 - ORDINANCE 2225, EXTENSION NO. 2
ATTACHMENT 4 - REPORT ON MEASURES TAKEN
d.
WAIVED SECOND READING AND ADOPTED ORDINANCE NO. 2234 amending portions of Title 3, Chapter 8 (Preservation of Trees on Private Property) and Title 10 (Planning and Zoning) of the Walnut Creek Municipal Code, pertaining to the regulation of second dwellings and urban lot splits in single-family residential zoning districts. (Introduced on 10/3/23) REDLINE - SB9 - ORDINANCE
FINAL VERSION - SB9 - ORDINANCE
2d - Addendum - Public Comment Received
e.
ADOPTED RESOLUTION NO. 23-57 authorizing the City Manager to execute a one-year License Agreement with the California Military Department for the purpose of operating a temporary homeless shelter at the Walnut Creek Armory between the months of December 2023 and April 2024; and ADOPTED RESOLUTION NO. 23-58 authorizing the City Manager to enter into a three-year Management Agreement with Trinity Center authorizing its application for a CUP and outlining its obligations with respect to the day-to-day oversight and operation of the proposed shelter for the upcoming 2023-2024 seasonal emergency shelter, as well as any similar seasonal shelter operations in 2024-2025 and 2025-2026.
Agenda Report
ATTACHMENT 1- TRINITY CENTER WINTER SHELTER PROGRAM PROPOSAL 2023-2024 ATTACHMENT 2 TRINITY CENTER WINTER SHELTER PROGRAM OPERATING PLAN 2023-2024 ATTACHMENT 3 GOVERNMENT CODE EXCERPTS RELATED TO HOMELESS SHELTERS ATTACHMENT 4- DRAFT TRINITY CENTER MANAGEMENT AGREEMENT 2023-2024 ATTACHMENT 5- 2022-2023 LICENSE AGREEMENT
ATTACHMENT 6- ZONING MAP OF POTENTIAL SHELTHER LOCATIONS ATTACHMENT 7- POINT IN TIME INFOGRAPHIC 2023
ATTACHMENT 8- DRAFT RESOLUTION TRINITY MANAGEMENT LICENSE AGREEMENT ATTACHMENT 9- DRAFT RESOLUTION ARMORY LICENSURE AGREEMENT f.
AUTHORIZED THE CITY MANAGER to approve and authorize the City Manager to execute a Consultant Services Agreement with TruePoint Solutions and a Master Services Agreement with DigEplan, for a total not-to-exceed amount of $209,697 for the initial implementation of Electronic Plan Review platform and three-year subscription term.
Agenda Report
ATTACHMENT 1 - CONSULTANT SERVICE AGREEMENT
ATTACHMENT 2 - MASTER SERVICES AGREEMENT FOR SUBSCRIPTIONS g.
RECEIVED THE RECOMMENDATIONS of the Council/Commission Organizational Committee; and DIRECT STAFF to bring forward a revision to the City Council Handbook at a subsequent meeting to update the process for the creation and appointment of ad hoc committees.
Agenda Report
ATTACHMENT 1 - RESOLUTIONS 14-47 AND 13-35
ATTACHMENT 2 - STANDING COMMITTEE GUIDELINES
ATTACHMENT 3 - CHAPTER 12 EXCERPT
3. PUBLIC COMMUNICATIONS
Public comments were received from David Harder; Pete Bennett; and Jennifer Ko (handout). Written public comments were received for items not on the agenda, provided to the Council and posted online as part of the meeting record.
Addendum - General Public Comment
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS Items were addressed out of order as follows:
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. a.
Closed Session announcements - none.
b.
City Manager reports - City Manager Dan Buckshi reported that last Wednesday was the first of the community outreach events related to the design of the new aquatic and community center planned for Heather Farm Park.
5. PUBLIC HEARING
a.
SPOONTONIC LOUNGE – APPEAL OF THE PLANNING COMMISSION’S DECISION TO MODIFY THE CONDITIONAL USE PERMIT AT 2580 NORTH MAIN STREET Assistant City Attorney Kimia Mahallati introduced the item. Principal Planner Chip Griffin provided the staff presentation. He reported that the business owner of Spoontonic Lounge ("Spoontonic") has filed an appeal to the City Council requesting that it overturn the Walnut Creek Planning Commission’s decision from its public meeting on August 24, 2023, at which the Commission made specific findings that Spoontonic, as operated, constitutes a public nuisance and voted unanimously to modify and add conditions to Spoontonic’s Conditional Use Permit. The appeal by Spoontonic focuses on the hours of operation and asserts that such appeal was necessitated by the Planning Commission’s decision to impose the condition requiring Spoontonic to cease sales and service of alcohol at 11:30 p.m. and to close at 12:00 a.m. seven nights a week. City staff and the Walnut Creek Police Department initially recommended to the Planning Commission at the August 24, 2023 public hearing to limit Spoontonic’s hours of operation to 11:00 p.m. seven days a week. Spoontonic is currently open until 2:00 a.m., seven days a week. The City Council is required to conduct a hearing on this appeal and may, pursuant to section 10-2.43504(E), reverse, affirm or modify the decision of the Planning Commission, or refer the matter back to the Planning Commission for further consideration.
Lieutenant Bruce Jower discussed calls for service.
Michael Biggs, attorney, representing the owners of Spoontonic Lounge, provided the presentation on behalf of the appellant.
Mayor Silva opened the public hearing. Public comments were received from: Dulce; Madelina M.; Glen P.; Melvin August; Daniel Zumbo; Paul Soria; and an unidentified individual
.
Mr. Biggs, representing the appellant, provided a rebuttal.
The City Council provided comments and deliberated.
The meeting was recessed briefly.
Motion by Francois, second by Darling,
carried unanimously
, to ADOPT RESOLUTION NO. 23-59 denying an appeal of a Planning Commission action and affirming the modification and imposition of conditions of the Conditional Use Permit of Spoontonic Lounge, as revised to include the number of public comments received.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
ATTACHMENT 1 - PC NOTICE TO SPOONTONIC WITH RESO 3933
ATTACHMENT 2 - DRAFT CITY COUNCIL RESOLUTION - SPOONTONIC LOUNGE ATTACHMENT 3 - PC AGENDA REPORT - ATTACHMENTS - CORRESPONDENCE - RECD 8-24-23 ATTACHMENT 4 - SPOONTONIC LOUNGE SUPPLEMENTAL REPORT (WCPD) ATTACHMENT 5 - APPEAL BY SPOONTONIC LOUNGE
6. ADJOURNMENT OF THE CITY COUNCIL REGULAR MEETING at 9:08 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