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Walnut Creek City Council
November 7, 2023

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Minutes
Meeting
November 7, 2023
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Walnut Creek City Council
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Text extracted from the city's file for reading and search. Open the original on walnutcreek.granicus.com. That file is the official record.

City Council Special Meeting, Closed Session - 5:00 PM & Regular Meeting - 6:00 PM Tuesday, November 7, 2023

CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:

FRANCOIS
SILVA
wILK
mAYOR pRO tEM  Darling
mayor Haskew
Meeting minutes were approved by the City Council on January 16, 2024.

CITY COUNCIL SPECIAL MEETING - CLOSED 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.

Councilmember Wilk was absent due to a scheduled vacation; all other 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. CLOSED SESSION
After an opportunity for public comment, the City Council reconvened in closed session 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. ADJ14179699

3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:36 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 - Councilmember Wilk was absent due to a scheduled vacation; all other Councilmembers were in attendance. c.

OATH OF OFFICE: Measure O Citizen’s Oversight Committee Members: Jonathan Bartlett; Susan Hildreth; Molly Pfau Clopp; Brian Mulligan; and Jesse Smyers (absent). d.

PRESENTATION: Chief’s Advisory  Board
City Manager Dan Buckshi provided an update on the A3 program.

2. CONSENT CALENDAR
A revised set of minutes were provided for the October 24, 2023 special City Council meeting. Consent Calendar Item 2g was pulled to allow for comment by a member of the public.

Motion by Francois, second by Mayor Pro Tem Haskew,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-2f and 2h-2j as follows:

YEAS:

Darling, Francois, Mayor Pro Tem Haskew, Mayor Silva.
a.

APPROVED CITY COUNCIL MINUTES of October 17, 2023 and October 24, 2023 (as revised).

A revised set of minutes were provided for consideration for the October 24, 2023 special City Council meeting.

OCT 17 2023 DRAFT Meeting Minutes
OCT 24 2023 DRAFT Special Meeting Minutes
Addendum - Clarification to OCT 24 2023 Meeting Minutes b.

ACCEPTED WARRANT REGISTERS dated October 13, 2023, October 20, 2023,and October 27, 2023; and DIRECT PAYROLL TRANSFERS dated October 20, 2023.

Warrant Registers
c.

ADOPTED RESOLUTION NO. 23-60 amending the City Council Handbook to update the process for the creation and appointment of ad hoc committees as per City Council direction at the October 17, 2023 City Council meeting.

Agenda Report

ATTACHMENT - PROPOSED RESOLUTION
Exhibit A - HANDBOOK EXCERPT
d.

ADOPTED RESOLUTION NO. 23-61 updating the Procurement Policy, Administrative Policy No. 208.

Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - PROCUREMENT POLICY
e.

ADOPTED RESOLUTION NO. 23-62 authorizing the Mayor to execute a quit claim deed for a public utility easement at 1380 North California Boulevard (Deed #23-0002); and ADOPTED RESOLUTION NO. 23-63 accepting grant of drainage easement at 1380 North California Boulevard (Deed #23-003).

Agenda Report
ATTACHMENT 1 - RESOLUTION QUIT CLAIM EASEMENT
ATTACHMENT 2 - DEED 23-0002
ATTACHMENT 3 - RESOLUTION GRANT EASEMENT
ATTACHMENT 4 - DEED 23-0003
ATTACHMENT 5 - VICINITY MAP
f.

ADOPTED RESOLUTION NO. 23-64 authorizing the Mayor to execute a quit claim deed for a public storm drainage easement at 612 Timberleaf Court (Deed #22-0004).

Agenda Report
ATTACHMENT 1 - RESOLUTION QUIT CLAIM DEED
ATTACHMENT 2 - DEED 23-0004
ATTACHMENT 3 - VICINITY MAP
h.

TRANSFERED $75,000 from CP010042 Building MEP to CP009891 Civic Park Community Center Accessibility and Lobby Improvements; TRANSFERED $60,000 from CP010167 NER1 Emergency Power Project to CP009891 Civic Park Community Center Accessibility and Lobby Improvements to complete additional IT infrastructure upgrades to both the Civic Park Community Center and the Assembly Hall; and INCREASED the construction contract with J-Walt Construction for the Civic Park Community Center Accessibility and Lobby Improvements project (Contract 22-19) by an additional $92,000 for an authorized total of $770,000 for construction costs.

Agenda Report
i.

DESIGNATED MAYOR 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 18, 2023.

Agenda Report
j.

CONFIRMED APPOINTMENT of Kimia Mahallati as Assistant City Attorney.

Agenda Report
g.

APPROVAL OF second amendment and extension of the Law Enforcement Services Agreement between Macerich HHF Broadway Plaza and the City.

Public comments were received from Jan Warren. Written public comments were received, provided to the City Council and posted online as part of the meeting record.

Motion by Mayor Pro Tem Haskew, second by Darling,
carried unanimously
, to APPROVE the amendment and extension of the Law Enforcement Services Agreement between Macerich HHF Broadway Plaza and the City.

YEAS:

Darling, Francois, Mayor Pro Tem Haskew, Mayor Silva.

Agenda Report
ATTACHMENT 1 - SECOND AMENDMENT AND EXTENSION OF LAW ENFORCEMENT SERVICES AGREEMENT WITH MACERICH HHF BROADWAY PLAZA ATTACHMENT 2 - FIRST AMENDMENT AND EXTENSION OF LAW ENFORCEMENT SERVICES AGREEMENT WITH MACERICH HHF BROADWAY PLAZA EXHIBIT 1 - LAW ENFORCEMENT SERVICES AGREEMENT
Addendum - Public Comment Received Prior to Meeting

3. PUBLIC COMMUNICATIONS
Public comments were received from: Luis Moura; Barbara Ginos; and David Harder. Written public comments were received, provided to the City Council and posted online as part of the meeting record.

Addendum - General Public Comment Received Prior to Meeting

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. CONSIDERATON
a.

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY TO IMPLEMENT A NEW REVISED PROCESS AND CRITERIA TO REVIEW AFFORDABLE DEVELOPMENT PROPOSALS Housing Manager Stefanie Brynen provided the staff presentation. She reported that an increased focus on affordable housing by both the State and in the City of Walnut Creek’s Housing Element has led to increased requests by affordable housing developers for commitment of City funding to produce affordable housing units.To support equitable access to available affordable housing funding and enhance clarity about the process, refinements are proposed to the City’s current affordable housing funds allocation process that would implement a request for proposal approach that includes defined process steps, evaluation criteria for the proposals and rating of the proposals to support Council in its affordable housing funding allocation decisions.

Public comments were received from Jan Warren.

Motion by Darling, second by Francois,
carried unanimously
, to ADOPT RESOLUTION NO. 23-65 authorizing the City to implement a new revised process and criteria to review affordable development proposals.

YEAS:

Darling, Francois, Mayor Pro Tem Haskew, Mayor Silva.

Motion by Mayor Silva, second by Mayor Pro Tem Haskew,
carried unanimously
, to DIRECT STAFF to review the extension criteria and how to integrate into the process and return with a recommendation.

YEAS:

Darling, Francois, Mayor Pro Tem Haskew, Mayor Silva.

Agenda Report

ATTACHMENT - DRAFT RESOLUTION

EXHIBIT A - AFFORDABLE HOUSING FUNDS ALLOCATION PROCESS

6. ADJOURNMENT OF THE CITY COUNCIL REGULAR MEETING at 7:50 p.m. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Loella Haskew
2023-24 Mayor of the City of Walnut Creek

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