welcome to the Tuesday, 
September 1 regular meeting of 
the Walnut Creek city Council.  
This meeting is being held with 
the Brown act through the state 
emergency services act.  The 
governor's emergency service 
declaration related to 
COVID-19.  And the governor's 
executive order N 2920 issued 
on March 17, 2020.  That allows 
attendance by members of the 
city Council, city staff and 
the public to participate in 
the conduct of the meeting.  By 
Videoconference locations are 
not open to the public.  As 
some attendees may be 
participating in their first 
moment Creek city Council 
meeting.  Arthur first 
teleconferencing meeting.  I 
want to welcome everyone and 
talk briefly about the public 
comment process.  For each 
agenda item there will be an 
opportunity for public comment 
for that item.  If you desire 
to speak on that item please 
hold your comments until 
counsel considers them.  
Additionally, we have a section 
on the agenda entitled public 
communications for which public 
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forward.  Any comments during 
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opened the public comment 
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leave you in the Pledge of 
Allegiance.  
flag of the United States of 
America.  And to the republic 
for which it stands.  One 
with liberty and justice for e, 
all.  
menu clled the world 
Wedel?  
pro tem?  
consent calendar.  
calendar item E if the Council 
has any questions Brian Hickey 
will be answering questions on 
that but a partner in my firm 
have provided an opinion letter 
to the JPA previously.  I think 
it is appropriate I do not 
participate.  An opinion letter 
was not related to Walnut Creek 
but another entity.  
Thank you.  His there any ou.  
His there any further?  Does 
any member of the public wish 
to make a comment on any item 
on the consent calendar?  If 
you do please use the rescan 
feature or press start nine.  
If you would like to provide a 
public blic comment.  At this 
point I would ask if there are 
any member of the public who 
would like to provide comments. 
some speeches we will bring in 
Joshua Perera first.  
I wrote this in but I thought 
it was better to speak if you 
can.  So I will do that.  I am 
talking about item 2J here the 
Axios body cam.  And I strongly 
oppose the use of asset 
forfeiture money to pay for the 
new body cameras for the Walnut 
Creek Police Department.  
to pay 234,000 a bit more than 
that of the contract with money 
from the asset forfeiture fund. 
To be clear asset forfeiture is 
both a racist and poverty 
inducing policy.  
California police scorecard a 
black person is 3.5 times more 
likely to be arrested on drug 
charges in Walnut Creek.  By 
the Walnut Creek Police 
Department and the white 
person.  
disparity.  That is despite the 
fact that nationwide studies 
have clearly shown time and 
time again that whites are 
likely or more likely than 
Blacks to commit drug crimes.  
This disparity is entirely 
because of racist policing 
practices but they are most 
likely to be stopped by police 
more likely to be served by 
police more likely to be 
arrested if drugs are found and 
more likely to property seized 
as a result.  We bring you this 
to asset frfeiture.  While 
asset forfeiture is disease 
from major signcrime syndicates 
the major reality is it is used 
disproportionately on black and 
low income people.  And it is 
used disproportionately on 
smalltime crimes.  
these funds the city Council is 
taking money from the most 
vlnerable and marginalized in 
our community.  And handing it 
to the police to encourage them 
to continue criminalizing 
blackness of poverty in Walnut 
Creek.  This is exactly the 
opposite of what is needed and 
I urge you all to oppose this 
motion for that reason.  Thank 
you.
Carboni.
me?  
see you.  
concur with Joshua's comment 
regarding civil asset 
forfeiture.  I think it would 
be advised to do away with this 
practice or at the very least 
reallocate those funds to wear 
direly needed services like 
homeless services.  
to the park few condos in item 
C. I just want to say I support 
approval of item C.
needed housing to our 
community.  Although I will 
note that I think it went 
before the design review 
commission five years ago.  I 
think this project has taken 
far too long.  If we had gotten 
this approved four years ago I 
think that would have been a 
valuable service to our 
community.  Thank you.  
David Carter.
for any comment or only on the 
item on the calendar right now? 
item on the calendar.  And we 
are talking about all of the 
items listed on the agenda 
under item A.
later.
look forward to it.  
Michael Simpson.  Michael 
Samson.Looks can you see me, 
hear me?  
first on item 2J, I would like 
to concur as well with Lukas 
and with Joshua.  I believe 
that civil asset forfeiture is 
not a just practice especially 
considering how it impacts 
black and brown communities.  
And I think it is worth noting 
in terms of assets see used 
through asset forfeiture.  
Combined value of those four 
pictures of those assets is 
greater I parked in the 
combined value of all pay that 
in the United States combined.  
being stolen.  I think civil 
asset forfeiture by the numbers 
and the thinking a lot more 
from black and brown 
communities tan petty theft.  
The fact we are using those 
funds to buy police body cams.  
Which I do support police body 
cam although I think it is 
unfortunate.  That the funds 
spent on police body cams get 
wrapped up with funds that are 
spent on tasers and taser 
supplies.  They are made from 
the same company we get all 
sorts of bargains.  But I 
wonder how much money from the 
company side of things goes to 
the cameras versus tasers and 
other violent tools.  
also agree that I support 
building housing especially 
housing that is priced for low 
and medium income people.  
Desperately needed in the Bay 
Area.  And also agree it should 
not have taken so long.  There 
should be a process by which 
the sort of thing can happen 
more quickly.  Because we 
desperately need lots and lots 
of housing in the bay area.  
That is it.  And I yield my 
time.  
Wally.  
Wally 11 Walnut Creek.  I just 
wanted to concur with Lukas and 
Michael and I forget the first 
speaker same but I also do 
agree that we should not be 
using will be a getting for 
aphid asset forfeiture 
returning to the police 
department.  I think it creates 
a strange incentive that 
incentivize an increase in 
asset forfeiture.  And instead 
whatever funds we're getting 
from the should be distributed 
to communities most in need.  
Particularly black and parent 
community members.  And go to 
things like housing.  Go toward 
things that have not to do with 
policing.  Thank you.  I yield 
my time.  
hesitating for a moment.  I 
think -- city clerk can you 
confirm?  
see any mre speakers.
it back to counsel.  Do I have 
a motion?  
couple of questions.
item 2C is somebody from 
economic development here to 
talk about condominiums in the 
entitlement process?  
tuning and.
bringing Margot in.
Margo how are you?  
Council my name is Margot Ernst 
I in the housing of manager I 
can answer questions about the 
entitlement process.
couple comments this evening 
that essentially it took too 
long since the design review 
commission approved the Carmel 
or the park few condos on 
Carmel Drive.  For them to 
actually get under 
construction.  Perhaps you 
could explain what happens 
after we finish our 
discretionary review process 
and what is not in our control. 
As we go through the 
entitlement process we do have 
strict state-mandated timelines 
we have to meet in terms of 
review of the application.  And 
moving through to approvals.  
But once it is approved there 
are a lot of things on the 
developer side.  And I am not 
that familiar with what caused 
the delays in this project.  
But there are a lot of things 
that can cause a delay having 
to do with the financing of the 
project or the market.  
Purchase decisions made along 
the way.  We do have a process 
that we go through to review 
all of the submittals for the 
building permits.  But those 
don't take several years.  
There are most likely other 
things that occurred dring 
that time.  
the sale of the property to 
someone else?  
conditions change.  Market 
conditions change.  Sometimes a 
developer may actually intent 
all along to take the project 
through the entitlement process 
and then sell it.  So that can 
take time.  And unfortunately I 
apologize I do not know the 
specifics about this.  
maybe we should answer that.  
It is not like we were holding 
off at some back office 
someplace.
about our review of all of the 
site development our building 
permits and getting comments 
back.  So that would not take 
us several years.  
like to make a motion but 
somebody else might have 
questions.
a question regarding 2J, first 
I would like to see if somebody 
from the police department is 
on the could tell us how asset 
forfeiture works within on the 
creek.  And then I would like 
to understand the second part 
of that.  I am not sre if that 
would come from her city 
manager is somebody in finance. 
But how typically does asset 
forfeiture work in terms of how 
it is then used?  
and members of counsel I am 
Tracy Reese with the police 
department I can speak a little 
bit about asset forfeiture 
program.  When money or real 
property is seized we have a 
formal process.  Prior to 
anything being taken for aphid 
asset forfeiture to call the 
Contra Costa County District 
Attorney's Office to gain 
approval to take the item.  And 
then once that process is 
started police report and 
investigation is submitted to 
our District Attorney's Office. 
Then they go through the 
proceedings for the forfeiture 
process of the police 
department does not have 
anything to do with that piece 
of the forfeiture.  Once you 
pass it on to the attorneys 
office but once a District 
Attorney's Office makes the 
determination there is 
equitable sharing program were 
Police Department gets a 
portion.  As well as the DA 
office and victim programs.  
And there is a breakdown in 
percentages but I see the 
captain and chief have joined 
and they make recall the exact 
percentages of the different 
programs.  For the benefit.  
name is Tom Chaplin chief of 
police thank you for offering a 
chance to talk.  And generally 
there is about 15 percent that 
is allocated to drug and gang 
prevention.  Tat is handled by 
the county.  And Lieutenant 
Reese is correct.  And it is 
run by the DEA office.  I would 
like to speak for a second 
specifically about the funds 
that are available.  And were 
referred to earlier today.  Our 
asset forfeiture is generally 
not flush with funds.  When we 
have funds in that account it 
is generally from a large-scale 
cases.  Much like this case was 
from where these funds came.  
When we arrested the white male 
suspect with pounds of ketamine 
and cocaine.  Who was 
responsible for the manufacture 
and distribution of dugs all 
over the bay area.  And to 
include Walnut Creek.  We 
seized $1 million based on the 
illegal proceeds that he had 
obtained from this illegal drug 
distribution bsiness.  That 
was then adjudicated in the DA 
office was just went through 
every court proceeding.  
Essentially the Walnut Creek 
the city of Walnut Creek.  The 
funds that were allocated to 
our department.  And in and out 
of a sense of fiscal prudence 
and ensuring we are exercising 
fiscal stewardship helping with 
these difficult times.  And 
using those funds for community 
benefit.  This seemed entirely 
appropriate recommendation.  I 
wanted to share not only on the 
distribution but specifically 
in this case where those funds 
came from.  
you, chief.
questions?  
that motion fighting the change 
in 2D the resolution.  
motion and a second.  I have 
the rollcall?  
Councilmember FranC'ois?  
unanimously.  Next is public 
comment.  During the Brown act 
we cannot the Council cannot 
respond to questions made.  We 
can refer the item to staff 
were for clarification.  This 
any member of the public wants 
to provide public comment at 
this time and if so use the 
raised hand future or star 9 to 
be connected by audio.  If you 
would like to provide public 
comment.  At this time city 
clerk other people who would 
like to speak?  
bring in Kathy Hemingway.  
am Kathy Hemmenway today I 
would like to give observations 
and feedback from downtown 
restaurant community.  Walnut 
Creek downtown has received 
praise from a restaurant 
community regarding the 
increasing expense of their 
third-party delivery 
agreements.  Free COVID 
restaurant owners and operators 
were struggling with the 
percentage rates which range 
anywhere from 10-30 percent and 
result in thousands of dollars 
paid each month to delivery 
services such as door ^ grub 
hub and uber eats 
burden as restaurant struggle 
to keep doors open.  Restaurant 
have limited bargaining power 
right now to negotiate lower 
fees with these third party 
platforms.  Given the high 
market saturation of the third 
party delivery platforms.  And 
restaurants are facing during t 
the COVID-19 emergency.  On 
behalf of Fournette Creek 
downtown restaurants we request 
the city Council consider a 
temporary 15 percent cap for 
third-party delivery fees.  The 
temporary cap would be in 
effect until the cities 
emergency dclaration is 
lifted.  Or indoor dining 
resumes.  As restaurants 
currently rely heavily on take 
out and limited outdoor 
seating.  In our research we 
have found that area cities 
such as San Francisco, Oakland, 
Fremont, Berkeley and most 
recently Pleasanton and 
Livermore have successfully 
instituted a 15 percent 
temporary cap for their cities 
delivery.  Additional ordinance 
components to consider would 
include limiting credit card 
fees to five percent.  So that 
delivery companies cannot 
transfer the cost to the 
restaurant.  In a different 
form.  As well as preventing 
delivery companies from 
reducing the drivers 
compensation.  
compensation.  So we thank you 
for your consideration.  As 
this relief for Walnut Creek 
restaurant and their employees. 
important art of our downtown 
business community.  As their 
survival is essential to our 
business.  Thank you.  
you.  So that the people who 
are watching and notice that 
the time was down to two 
minutes.  Ms. Hemingway was 
reporting on behalf of a group. 
And because of that she was 
allotted up to 10 minutes.  She 
did it pretty efficiently.  She 
was close to three minutes.  
That is how that works.  If 
other people are only talking 
on their own we will administer 
the two minute time limit.  
Thank you.  May I have the next 
speaker?  
observe the 65 weeks and smiles 
always go by the Walnut Creek 
Police Department on June 2, 
2019.  By taking a moment of 
silence.  65 seconds for 65 
weeks since his killing.  A 
moment of reflection starting 
now.  
will be served after the two 
cup to shot him are fired.  A 
24/7 emergency cause is 
determined for Walnut Creek.  
We being the pilot city because 
we can do it and we have the 
money to do it.  And an 
independent investigation for 
miles death.  To find out what 
really happened.  In terms of 
an independent investigation.  
An internal investigation.  
Justice for miles all in black 
lives matter.  
Next speaker, please.
Carbone.
urgent matters is in the city 
right now.  The first is the 
issue of mass evictions.  Which 
I believe will happen here when 
the countywide eviction 
oratorio expires on September 
30.  On that Creek did have the 
option of issuing of moratorium 
past that and for not 
conviction related like 
Berkeley did.  At the last city 
Council meeting IRG passive.  
You could have done it.  8088.  
We cannot pass anymore 
moratorium anymore until 
February 1, 2021.  There was a 
window to stop this year but 
that window is now closed.  We 
this was a crisis.  But we did 
not act when we have the 
opportunity to and a 
consequence of wave of 
evictions will begin one month 
before election day.  That is 
the first issue I would like to 
discuss.  The second issue is a 
continuing urgent need for 
police reform.  I believe there 
are four actions the city can 
take right now.  The first 
would be the establishment of 
community listening session.  
Immediately.  We talked about 
this for a long time.  I think 
we need to make it a priority I 
think we've made our voice 
heard a lot.  But I think we 
need to do it more.  The second 
issue is involving the 
community group such as FOSATH 
in the selection process for 
the new police chief.  
force.  The city has never 
apologized for this I believe 
an apology is in order on June 
1. As is discussing this issue 
in the next Public Safety 
committee.  A permanently 
banning teargas, rubber bullets 
and assault vehicles on Walnut 
Creek resident including in 
addition to.  And the 
continuing need for mental 
health response.  Thank you.  
Ferrer.
concur.  With Lukas with the 
need for eliciting session 
excessive force needs to be 
addressed.  There's not been a 
single ordinance without 
hesitation of that.  That is 
simply indefensible.  And the 
need for justice for miles 
called now.  As much as it is 
needed 16 weeks ago.  I 
primarily want to talk about 
what happened at the public 
health subcommittee meeting a 
little over a month ago.  And 
specifically what Justin 
Riddell spoke at that meeting.  
At conversation with the police 
chief.  Talking about the fact 
that black people in Walnut 
Creek are 13 times more likely 
to be arrested than white 
people.  Black people make up 
less than two percent of the 
investigation.  -- Population 
and 18 percent of your respite 
Justin said the reason why 
thought was was likely because 
people are coming in from 
outside Walnut Creek.  
And I know this might be 
uncomfortable to hear those 
words in that context or maybe 
not.  But these are the same 
arguments we have heard for 
decades and decades.  Where 
black people are coming into a 
majority white community.  And 
causing trouble.  At the simple 
fact you can look at a 13 times 
disparity that is 1200 percent 
disparity.  And say that there 
is no racism in the Walnut 
Creek Police Department boggles 
my mind.  That is exactly why 
chief Chapman said and what 
Justin Riddell said.  There is 
no racism in the Walnut Creek 
Police Department but there are 
other explanations.  I think 
you cannot say black lives 
matter and mean it and not 
dismantle white supremacy until 
you recognize we live in a 
deeply racist country.  And 
there's a huge racial 
disparities we see that is 
right here on our own 
community.  That is seen across 
America.  Or at least in part 
100 percent in my opinion do to 
racism.  So I think Justin 
should apologize to the 
community especially black 
members of the community to see 
that statement.  And I think 
the police chief when that 
selection comes.  We need to 
ensure they recognize that 
racism exists in the Walnut 
Creek Police Department.  Thank 
you for letting me go over.  
address these comments.  And I 
appreciate Joshua bringing that 
up on this meeting.  
since he has been spreading 
lies on Facebook since this 
discussion has occurred.  I am 
sure that I do not want to 
speak on councilmember or staff 
member in that meeting.  
However I can only assume if 
anything was racist said in 
those meetings that I would 
have been called out by fellow 
council members or staff 
members.  It is very clear that 
is not what occurred 
whatsoever.  In fact I was 
asking specific question based 
on public comments I was 
provided by Mr. Ferrer and 
others such as Mr. Sampson in 
our community about this 
disparity.  But I was asking 
for specific question around 
our statistics.  In fact I was 
advocating on behalf of of some 
of the issues in which Mr. 
Sampson and Mr. Ferrer have 
been talking to us.  Among 
for greater transparency in ing 
arrest information but to 
provide more statistical data 
on Walnut Creek citizens and 
citizens outside of this 
community.  So we could provide 
reassurance to the community 
that what the allegations are 
are not actually correct.  I 
will not apologize but the fact 
that I've do not believe the 
Walnut Creek PD is racist.  I 
will not apologize I do not 
believe they are.  I do not 
believe the question I asked 
was racist especially getting 
to the point of whether or not 
statistics are correct.  Or 
whether or not idividuals 
speaking and accusing the city 
accusing me accusing my fellow 
council members were accusing 
Police Department of things 
that are actually incorrect.  
information on Facebook in 
which he wanted to condone what 
he did today around his nose 
and anyone can feel free to go 
online and look at his notes 
that were posted to Facebook.  
And his notes disprove what he 
just said.  I would appreciate 
if Mr. Ferrerhas issues my 
information is posted online 
please give me a phone And I 
will be more than happy to 
address that.  And I would 
appreciate that he would 
specifically reference the 
information that I have stated 
rather the makeup information 
to cause additional racial 
issues in our community.  
next speaker.
Great.  Hello, everyone my name 
is m Neimann I pronounce or he 
him and I am a resident of 
Walnut Creek.  I am here 
tonight to talk about the 
infection.  And, I am dismayed 
to see that the agenda for 
today does not in any way 
sbstantially address excessive 
use of force used by the 
police.  In fact in the face of 
the outpouring of public 
comments made during the 
multiple city Council meetings 
over the last few months but 
city Council has yet to act and 
hold Walnut Creek Police 
Department accountable.  In 
fact as we also on June 1, 2020 
teargas and rubber bullets are 
still available for use in the 
event of protesting against 
excessive use of force by the 
police.  In the long a note of 
inaction I want to remind you 
all.  That it has been 14 
months tomorrow since Walnut 
Creek police officer shot and 
killed Michael's hall.  And in 
that year and two months since. 
The two demands made by the 
Please, please, please follow . 
their demands to one take the 
officers who killed him off the 
streets.  And two start a 24/7 
block police mental health 
crisis hotline.  We could be 
the pilot city for this group 
that could be a model of 
program foods in Eugene, Oregon 
that have been discussed 
before.  You have so much time 
and all I see is inaction.  
Whoever encourage you not to 
dwell on the time that your 
city Council has not done and 
not taken action.  But rather 
take this opportunity to move 
forward to the things you can 
do now.  In particular the two 
items mentioned the whole 
family has been requesting from 
us.  For over a year.  The 
longer you wait the more you 
can go to an unavoidable death. 
The house do not lie in the 
individual not only in their 
is not actively anti-racist.  t 
Thank you for your time.  
city manager to respond to one 
of the items?  Particularly the 
response about the mental 
health?  City manager can you 
hear me?  
planning to cover that in the 
city manager update.  But there 
has been continued work with 
the FOSATH group friends of 
Scott, and Taun Hall related to 
law enforcement spouses to 
certain types of crises but 
including mental health crises 
but not limited to mental 
health crises.  In July he 
reached out again to the County 
as well a to our peer cities.  
Under working with all 19 
cities in the county to take a 
regional approach to this.  
Because that is the way to go 
about this as responses do not 
stop these small city borders.  
And to evaluate options for 
plan to provide a more thorough 
update as part of this 
September 15 to the Council and 
the public on that.  And many 
actions the city has taken s 
since January.  Exception 
second 2019 relative to 
involved shootings.  
or what we can improve upon.  
That report will be 
forthcoming.  And it is our 
goal to work with the county in 
these other cities have a truly 
regional response.  For many 
types of crises.  Not only 
mental health.  If it is not 
possible for some reason 
secreted countywide approach we 
will look to do a pilot in 
Walnut Creek with a few of our 
surrounding cities.  In oder 
to make more effective program. 
What we could do on our own.  
That is the latest more 
information will be 
forthcoming.  More details two 
weeks from tonight.  
much.  May I have our next 
speaker, please.  
Martinez.  
you for having me., Hello there 
thank you for having me.  
Hello, can you hear me?  You 
are not able to hear me.
fault.
planet money who could not join 
this carpet dear Walnut Creek 
city councilmembers I am 
speaking a response from two 
items one planet group propose 
to you back in June.  On June 
16 I sent an open letter to the 
city of Walnut Creek and 
address the city Council 
meeting to propose allowing one 
black lives matter.  In part of 
our headquarters on Bonanza 
Street.  Additionally city to 
consider renaming Bonanza to 
black matterlives matter way.  
And one planet had a three 
artistic renderings of a 
matter-year-old to the city of 
Walnut Creek ad hoc committee 
upon request from the Council.  
We received confirmation from 
the assisted city manager that 
the proposal was received and 
been sent to the ad hoc 
committee for review.  It has 
been more than two months that 
the ad hoc committee has had 
the black lives matter proposal 
in his hand.  He only received 
one response to her email 
inquiries back in July from 
assistant city manager that the 
proposal was being transferred 
to a different newly formed 
committee.  How much time does 
the city need to take action on 
its local businesses?  One f 
planet is offering to fund the 
project and provide the labor 
to create the-year-old.  We 
just did the city's approval to 
urgency.  We feel Walnut Creek  
is missing an opportunity for 
timely message from its 
community to demonstrate 
justice.  One planet is not and 
aware of the city Council 
calling for discussion renaming 
Bonanza Street to black lives 
matter way.  
process for these request and 
ultimately the decision rests 
with the city Council.  We 
greatly respect these processes 
however would much appreciate a 
response whatever that response 
may be.  Please let us know 
when we can expect an answer on 
the proposed black lives matter 
mural on Bonanza Street and the 
proposed street name change.  
Thank you.  At this is on 
behalf of of finds the chairman 
and CEO of one planet group.
Actually, for I would like to 
ask a question that could be 
answered now or during Council 
comments.  But regarding the ad 
hoc committee.  I believe the 
ad hoc committee did review the 
one planet proposal.  And was 
curious what the ad hoc 
committee either had discussed 
or where it went from there.  
Was it not presented to the ad 
hoc committee?  No?  
councilmember this is Teri 
Killgore assistant city 
Council.  There are multiple ad 
hoc at play that is part of the 
confusion.  The original 
discussion was brought to the 
rebound ad hoc committee.  When 
we were first approved we were 
told this was a public art 
mural.  When we saw the 
application and presented it to 
the committee it became clear 
it was not a rebound eligible 
item.  And that the ad hoc 
committee rebound ad hoc 
committee reported to the soon 
to be formed diversity and 
inclusion ad hoc.  At that 
point they were being formed.  
And the item has been referred 
to them.  With the decision was 
made to until the divorce and 
inclusion would be.  This is 
often communicated to one 
planet office.  I am not sure 
where the confusion came from.  
But we are awaiting the 
creation of this task force.  
you.
please?  
Mitchell.  
Hello can you hear me?  
weird.  Hello I am Patty 
Mitchell I am a homeowner, 
business owner in our 
neighborhood of Walnut Creek.  
The name Miles Hall is a 
nationally recognized hashtag 
like so many others who have 
died at the hands of the 
police.  The name of Miles Hall 
us is broken by so many Walnut 
Creek residents demanding 
change and action.  Of course 
Miles Hall is not here to walk 
in the streets to talk about 
racial justice.  The son and 
brother Miles Hall is not here 
with his family to celebrate to 
sink to laugh and to cry 
together about the injustices 
being done to black and brown 
and indigenous people here.  At 
around the country.  Walnut 
Creek, this body and this staff 
needs to act.  To change.  And 
to reform and be aligned with 
the world we live in today.  
There are actions you can take 
and have chosen not to over 
this lengthy period of time 
since Miles was killed.  
Listening sessions need to 
happen now.  The city Council 
the city managers need to make 
the long promised community 
sessions a top priority no more 
delays but signed the agreement 
with the facilitator, get 
working on it get it on a 
calendar.  Have a date.  We 
need a date.  Obviously we need 
to be heard.  They express our 
concern for continued not to 
result in any action.  There is 
an opportunity.  The new police 
chief that will come at the 
retirement of chief chaplain is 
an opportunity for the 
community voices to be part of 
the recruitment and selection 
process.  
important selected be made in 
our interest top of my bed and 
needs to reiterate that a 
priority for the new chief is 
safety for all people.  The 
excessive force not having been 
addressed is unconscionable.  
It needs to be spoken.  And as 
always a nonpolice response to 
mental health goals needs to be 
piloted in and around Walnut 
Creek.  Thank you very much.  
Next speaker, please.
highschooler at Los Lunas I am 
a junior.  And Miles Hall 
deserves love and justice more 
than anything else.  To the 
portion of our community that 
is watching I would like to 
remind you that the city 
Council and Police Department 
apathy toward this tragedy is a 
reminder to us all.  That we 
are more willing to protect 
themselves then do justice to 
the community members they have 
hurt.  
like to remind you to look 
around your city Council.  
Walnut Creek city Council is 
entirely white.  Entirely.  
Just because your fellow white 
community members did not call 
you up for your racist behavior 
does not mean that what you 
said was not racist.  There 
apathy does not diminish the 
wrongness of your action.  Your 
refusal to admit that you have 
done is wrong and give a simple 
apology as you have been asked 
to to the community members you 
have hurt does not mean you 
have done no wrong.  It means 
you do not care about your 
community members all equally.  
And that is deeply 
disappointing to see in my city 
Council.  If you're part of the 
example of apathy, indifference 
and hatred you're putting 
forward in our community.  As I 
hope you are aware of the 
impact it has an encouragement 
it gives to other people who 
have ideas like you.  I heels 
my time.  I yield my time.  
I would like to quickly 
interject with this.  
Councilmember Wedel and I do 
not agree on a lot of things.  
We have had interesting debates 
regarding a variety of 
different issues.  And probably 
politically weak is not much 
the same, either.  But I have 
the opportunity to serve with 
councilmember Justin Wedel and 
have gotten to know him on a 
couple of the committee 
meetings.  And in Council 
chambers as well.  And 
councilmember Wedel is not 
racist but I do not believe he 
has said anything.  He meant to 
be racist.  I was in that same 
meeting I did not take it to be 
that way.  I am sorry people 
taken that way.  And I will 
have to come back to hear what 
is said to understand more of 
the time.  Justin Wedel is not 
a racist.  As I will let him 
speak on behalf of himself.  
But as many things as we have 
talked about and have disagreed 
upon that is one I was down 
behind him on.  
Abugaben.
But I am Mike Abughaben, and 
one of the owners of Males in 
Walnut Creek and Brodrick.  As 
I've wanted to speak with 
regard to the delivery and the 
proposal put in front of the 
reduction in fees to 15 
percent.  I just want to 
implore you to think about this 
very carefully.  
quick fact around of DoorDash 
some of these third-party 
deliveries.  What they do is 
they take about 25% of our 
sales for the food they 
deliver.  In the past before 
the pandemic when the 
percentages of sales were about 
20 have a 25 percent of sales 
we did not have a very large 
impact.  
pandemic because everything has 
gone to take-out and delivery.  
Their piece of the business has 
become 80-85 percent.  And it 
really has become very 
disruptive.  To the restaurant 
industry.  It is disappointing 
to know that Door Dash it is a 
three year old company and is 
valued at 3 billion.  And we 
have had several conversations 
during these difficult times.  
And it is disappointing that 
they have refused to do that.  
Although they have made their 
wealth on the back of people 
like us.  And I implore you to 
really think about this.  
be reduced during this 
pandemic.  Or at least until we 
are able to open indoor dining 
at least 50 percent for because 
at this point I will give you 
an example.  In my two 
restaurants in Walnut Creek.  
your two minute time limit can 
you give one closing statement? 
What just as quick example over 
the last 30 days there fees 
were about $22,000.  Which is 
devastating to us during these 
difficult times.  I hope that 
you will look at this 
carefully.  And follow some of 
the other cities.  Thank you.
have Michael Samson.
first I want to start with a 
couple simple things.  This is 
Michael Samson by the way.  I 
live in downtown and I have 
ben to be running for city 
Council here in Walnut Creek.  
First I think that the Walnut 
Creek Police Department should 
fire Curtis Borman.  As the 
officer was falsified over 30 
police report and was supposed 
know why he i still on the not 
force.  It is not a good look 
for the police department.  
Second, I think we should be 
but the officers who killed 
Miles Hall on office duty of 
these but personally I think 
they should be fired and think 
it is easy to put them on desk 
duty.  These are officers who 
killed and an independent 
investigation into their 
misconduct has not begun.  I 
think if an officer kills 
somebody in the line of duty 
there should be an 
investigation automatically.  
Of those officer should be 
taken off the streets until 
that investigation is completed 
regardless of details.  With 
regard to the one planet for a 
mural on Bonanza Street.  
been approved and progress has 
that gone through all the steps 
they need to is an idication 
of the type of leadership style 
of the city Council.  Which is 
it comes to difficult issues.   
I think it is time for local 
governments like ours to stop 
being passive.  And wait for 
higher counties like the County 
or state to take action.  And 
instead take action where you 
can on your own.  And displayed 
leadership in the Bay Area and 
in general.  And just to speak 
quickly about the conversation 
around Justin Wedel, said the 
public safety meeting.  I was 
there I was watching it go 
down.  So let me go through 
what happened.  Basically there 
was a contentious issue of the 
fact black people account for 
1.6 percent of our population 
but account for 18 percent of 
our arrest.  There are a few 
possibilities there.  Either 
the police are enforcing the 
law in a racist white or black 
people are indeed committing 18 
percent of the crimes in Walnut 
Creek.  If I could finish this 
thought.  His informal likely 
to me that the Walnut Creek 
Police Department has the same 
pattern of behavior we see from 
Police Department and every 
county which is a racist 
pattern of behavior that black 
people arrested at higher rates 
but ultimately what is being 
referred to by his comments is 
that Justin Wedel that the 
police in a line of questioning 
that and both came to the 
conclusion that the police are 
not racist.  And by extension 
black people are indeed 
committing 18 percent times.  I 
do not believe that.
longer.  Thank you.  
Kelly Hoh next.  
me?  
of Walnut Creek I was not going 
to speak today.  Because I feel 
like every time I am at a 
Council meeting I get really 
upset.  And today I was like I 
will take my peace and be fine. 
Just listening to I guess the 
defense of racism in Walnut 
Creek.  I just wanted to say is 
a woman of color.  If you say 
what you are saying is hrting 
us if you say that was not our 
intent.  It is not about your 
intent it is about the impact 
you made.  So what I am saying 
to you all right now.  His the 
fact you made to some of your 
constituents of color in this 
they don't want to talk to you 
anymore because how you treat 
us.  
consistently saying that -- you 
are defending people that make 
the racist, say racist things.  
It just bothers me to my core.  
And I really wish you would 
think about what you're saying 
and what you are doing.  And 
protecting your constituents 
the peace and safety.  Instead 
of protecting people in power.  
And last but I want to make as 
I am still waiting for 
accountability on what happened 
June 1. I told you I was 
traumatized by what happened.  
I am still waiting and I have 
been hoping since June 1. But I 
just need some accountability 
in your community.  Thank you.  
Next speaker, please.  
Romer.
I am here to reduce the demand 
of 5000 people asking for the 
demilitarization of the Walnut 
Creek Police Department and its 
response to nonviolent 
protesters and mental health 
calls.  Dear Walnut Creek Mayor 
Haskew, city attorney and city 
manager.  We object to the 
treatment of nonviolent 
protesters at the June 1, 2020 
demonstrations in Walnut Creek. 
A demand an immediate end of 
the use of military escalatory 
tactics by the Walnut Creek 
Police Department.  We opposed 
the use of military vehicles, 
proper bullets and tear gas.  
As these tactics are 
inconsistent with our community 
values.  Teargas is banned 
under international law for use 
of four to do the dangerous 
health effects.  Which include 
death, lung disease and 
fostering the spread of 
COVID-19.  The use of teargas, 
proper bullets, military 
vehicles, plea stocks and other 
aggressive and escalatory 
tactics holding ugly place in 
the history of the suppression 
of the civil rights movement.  
There an acceptable and 
peaceful protesters seeking 
racial justice and criminal 
justice reform.  We demand the 
Walnut Creek Police Department 
effective immediately use only 
nonviolent the escalatory 
response to peaceful 
demonstrators.  Calls for 
mental health support.  As 
other nonviolent events.  And 
required the same as law 
enforcement partners.  We have 
to enact policies to ban the 
use of these weapons of force 
against peaceful demonstrators. 
As well as other nonviolent 
calls for so please support and 
deficit.  We call for the city 
Council to end.  In on military 
tactics.  Please discuss and 
take action during this 
session.  We opposed the 
militarization of Walnut Creek 
Police Department.  Thank you, 
good night.  
would you respond to the fact 
we do not take and attend sized 
items?  
part of public comment the 
counselor can receive you can 
achieve  for further 
consideration part of the Brown 
rown act your regular not 
acting out items that are 
raised to  To the public 
comment section we are in right 
now that are not otherwise on 
the agenda.  
Next speaker, please.  
have Athya Uthayakumar.
Can you hear me?  
resident of Walnut Creek.  I 
just wanted to express support 
of the unit condo proposal as 
others did before me.  And I 
want to encourage the city to 
go further to expand housing.  
I also wanted to express 
frustration with the city's 
lack of action around policing. 
excessive force with the 
complaints of Curtis Boreman or 
fire the officers who killed 
Miles Hall.  I do not think I 
have too much more to say than 
what others have said before 
me.  But I just want to 
reiterate the point that more 
policing does not make our 
community better.  And I think 
it is telling that city Council 
members feel the need to defend 
themselves and the police 
department from accusations of 
racism.  But do not feel the 
need to address the isues that 
are being brought up.  I think 
that speaks volumes.  Thank 
you, I give my time.  
very much.  Call the next 
speaker, please.
Wallace.  
Catherine Walley 11 Walnut 
Creek I would like to bring up 
three items but first I would 
like to report city Council the 
facilitator for community 
listening sessions but city 
Council meetings like this 
black opportunities for true 
community dialogue.  We need a 
facilitated weekend dialogue.  
And I would like to do what the 
timeline is for this.  Secondly 
I would like to mention the new 
chief of police selection 
process.  It must have 
community involvement if we 
community and local law n 
enforcement.  I am wondering 
how the city plans to ensure 
that public will be involved in 
this important  selection.  And 
how our ommunity can be taken 
including that of FOSATH to 
make sure they are top of mind. 
city Council to continue their 
work toward establishing a 
Miles Hall 24/7 pilot program 
that can serve our city and 
region.  And look forward to 
hearing details of these 
efforts two weeks from now.  
Not only are black about 
community members did have 
access to such a program for 
these crisis.  I am a white 
person and I did not feel safe 
holding law enforcement to deal 
with public safety.  We take 
extreme circumstances to 
request law enforcement for a 
brown community member in need 
of help in the summer I was 
leaving my townhouse with a car 
and child.  A neighbor of mine 
had called because somebody 
incapacitated in a communal 
area.  My first thought was why 
did you call police.  At the 
second is I hope the 
incapacitated person was not 
black.  I felt relieved they 
were not when three police 
vehicles arrived.  And my next 
thought was that I stay and 
bear witness it is a dangerous 
about myself and my child in 
that position?  I was not 
afraid in the bushes I was 
afraid of our armed police 
presence.  I could go on about 
this but my time is up.  This 
is important for all of us, in 
fact.  
thank you for being respectful 
of the time.  Any more?  
see any more hands.
okay I have one more thing.  
start by saying thank you 
councilmember Wilk.  Without 
getting into too much detail on 
what he said it is clear 
councilmember Wilk and I do not 
political issues.  But it is 
reassuring to me that 
individuals that cannot see eye 
to eye can sit down, have a 
conversation and support each 
other.  And walk away friends.  
Mr. Wilk and I have had many 
beers together and I look 
forward to a day post COVID and 
we can sit down and have those 
beers once again.  
And I will take a little second 
here and I think I can speak on 
behalf of my fellow 
councilmembers.  And everybody 
at City Hall.  That racism has 
zero place in Walnut Creek.  
Zero.  We are better because of 
the diversity of our 
backgrounds.  Of our 
experience.  And as Mr. Wilk 
and I show tonight of our 
opinion.  What is being 
advocated for and what was 
advocated for in that meeting 
is greater transparency into 
Something that I along with Mr. 
Wilk and the Council are 
advocating for.  
as I am sure fellow 
councilmembers well.  We should 
evaluate our data objectively 
to ensure accountability to the 
public.  In ways that are 
Police Department enforces our 
laws.  
for this accountability and 
strive for objectivity in an 
emotionally and emotionally 
charged topic.  And I believe 
and my fellow city 
councilmembers believe.  That 
the path to ideal policing 
policies and accountability for 
all.  And to fit in somewhere 
that racism does not belong in 
Walnut Creek or on any police 
force.  
well regarded for their 
professionalism.  However 
impressions can be wrong and 
relying on the data -- relying 
on objective data will only 
ensure that we are providing 
adequate and accurate data to 
our community.  That we are 
holding ourselves accountable.  
And police department 
accountable to our community.  
And I hope my fellow 
councilmembers feel that way.  
I believe that they do and I 
believe everybody in the city 
does.  Our objective on the 
Council.  And as I said it is 
frustratingly slow the wheels 
of government.  But we are 
trying to work toward a 
solution.  That needs the 
community needs.  
community about what they want. 
is supposed to be a small 
response.  
Back.  
had close the public, lic, and 
other people have stuck their 
hands up.  I am sorry.  I have 
bent over backwards I am going 
to let no more than three 
people speak.  And herein after 
I close public comment in the 
future if your hand is not up 
you will not get to speak.  
three more people.  Will you 
please invite them in.  
have Taun all followed by 
Lucas Bell and Tom Harder.
great.  I just want to say that 
it was nice to have a month off 
and not be speaking with you 
guys.  I did just want to it 
has been 65 weeks.  I did not 
realize how long it had been.  
It is a long time and we do not 
have miles here with us.  I 
will never get him back.  
understand why this all started 
why did we start this movement? 
Because w do not want this 
happening to anybody else.  The 
movement started because her 
son was murdered by the police 
when he was in a mental health 
crisis and it should have never 
happened but it did.  It did 
not matter what a two year 
relationship wth them.  
enough to say we needed help.  
So now he is dead.  And now we 
have to pay the aftermath of 
that.  
that I called the police on 
him.  So what is the system set 
up that we criminalize our 
children when they are in a 
mental health crisis in this 
county?  The leadership we've 
been asking you guys for a year 
had not really happen.  We've 
been coming we have been 
talking for thousands of people 
have talked.  And going into 
city Council.  And so now here 
we are.  
It is hard.  But I did want to 
make sure that people 
understand why we are starting 
the movement.  We do not want 
this to happen to somebody 
else.  My question for you 
because of the policies and 
procedures and we do hope they 
will.  And we start the mayor 
conference I want to say thank 
yu for that.  Thank you.
please.
can you hear me?  
taught racism.  Our country was 
built on racism including 
slavery, and more.  Policing 
began as capturing is a people 
who read away from human 
traffickers but Walnut Creek is 
a suburb a product of racist 
redlining for black people 
could not get home loans and 
realtors without multiply 
people.  It is more helpful to 
consider yourself on a spectrum 
of being racist to atiracist.  
Wanted big PD is racist just as 
policing is racist throughout 
the country.  If you listen to 
black people and people of 
color talk about their 
experiences with WCPD you might 
understand that WCPD is racist. 
It is racist arrest black 
people 13 to one.  When they 
killed Miles Hall much like my 
brother would not have been 
killed that is racism.  
not think Walnut Creek PD is 
racist does not make the trip 
it was Walnut Creek police 
officers Association has helped 
years as well as other ecent 
councilmembers.  It is my 
concern he will not hold WCPD 
accountable because they 
support your campaign.  I 
attended the recent end racism 
march in Walnut Creek it was 
peaceful.  And as I was leaving 
I was disturbed by the abundant 
show of policing from Walnut 
Creek, the county, San Ramon, 
El Cerrito, Richmond.  More or 
over there pouring out of the 
parking garage from the library 
but they were outside in riot 
gear.  For what?  It was an 
attempt at intimidation.  I was 
scared, my partner was scared.  
We were out there picking a 
lead to racial injustice 
community and country.  
d you listen to the police?  
That was concerning to help 
your wondering -- I was 
wondering what happened at the 
end of that merge, thank you.
Next speaker, please.
have David Harder.
please?  
can you hear us?  
David Harder. can you hear me?  
three times.  
city has provided three 
graphics I will speak to.  I 
hope that is true, counsel.  
Good evening councilmembers I 
name i David Harder a 30 year 
resident of Walnut Creek.  
Please remove the public 
nuisance at 11 canal lane. the 
material provided b the city 
manager, clerk has four slides 
I will speak to.  Do you have 
these slides?  Yes, excellent.  
Figure 1 shows the Oleander at 
11 Canal Lane is entirely on 
city property.  Figure 2 shows 
that these Oleander's abstract 
two feet of sidewalk blocking 
pedestrian access.  
defines vegetation on a 
sidewalk as a public nuisance.  
Last, there is an email from 
code enforcement that 
incorrectly states that the 
city does not have the legal 
ability to remove these 
oleanders even though they are 
on city property.  This is an 
ongoing issue based on other 
emails.  In closing please 
direct public works to remove 
this public nuisance.  The root 
and branch.  I regret the city 
code enforcement has decided to 
rewrite your city code.  I hope 
and trust that you will correct 
the situation.  
And let me explain to the 
audience.  We as counsel 
members had been presented with 
the pictures that Mr. Harder 
expected them to show up on the 
screen.  But each Council 
member have had time to look at 
those pictures and to know what 
he is referring to.  And thank 
you for your call.  I now call 
the end of public comment.  
request for a break.  So, let's 
reconvene at 7:25.
if I may before we recess on 
this quick break.  What does 
the city clerk to confirm that 
there are no other written 
comments that have not already 
-- with the of the already thin 
speakers.  I know Mr. Harder 
has speaking are there any 
other written comments?  
are no additional written 
comments.
the interruption.
that is your job.  Now it will 
be 7:27 when we reconvene.  
Thank you very much.  
forward now is the time for 
councilmember and staff 
announcement report on 
activities.  And requests.  It 
will start with councilmember 
Wedel but I will now start with 
councilmember FranC'ois.  
Madam mayor.  In the last month 
since we met I have been busy.  
On July 23 I attended the 
recycle smart board meeting 
where a along with 
councilmember Silva we learned 
about informational item.  A 
rate increase minor rate 
increase for special services 
provided by public services.  
The staff noted that with a few 
exceptions the rate request 
were consistent with their view 
on the franchise agreement that 
that will likely be moving 
frward.  But will not take 
effect until next year.  That 
is not for your regular garbage 
service.  
to exchange her garbage 
container there is a fee 
charged for that.  If you want 
on-call e-waste recycling there 
is a charge for that.  Those 
items.  
DRAA board meeting with arts 
and rec director Kevin Stein 
they welcome the new board 
director Spalding Ashley.  They 
discussed the success to date 
of their paves the way 
campaign.  Which is a 
fundraising program.  Wherein 
members of the public can 
purchase a paver that is 
installed the new plaza being 
constructive right now between 
the city and the DRAA.
virtual concerts and 
performances making the Lesher 
center vibrant and rlevant in 
provide a fuller update on that 
that will be coming up at our 
next meeting.  And the was a 
discussion on the new plaza.  
We are excited that will be 
opening and hopefully they can 
type it in with the dedication 
ceremony sometime around the 
beginning of October.  Which is 
when they usually have the 
great Broadway event but 
unfortunately we cnnot have 
that this year.  
for inviting me to join you to 
attend the Golden rain 
foundation of the Board of 
Directors.  Thus the board of 
directors who have updated the 
board on the city's plans to 
perform a diversity equity and 
inclusion task force.  I 
alerted them that mayor pro tem 
Volk and myself would serve as 
a Council representative on 
that task force.  And that the 
task force would be comprised 
of both city staff and 
community members.  
selected a consultant to help 
with the recruitment of the 
task force members.  About the 
focus of the task force would 
be on policies, communications, 
partnerships with nonprofits 
and community outreach.  
the east.  Division league of 
California cities meeting.  
With the mayor and 
councilmember Silva.  
saying attended and I did not 
do that.  Participated could be 
from my backyard with a beer.  
Menendian was with the 
belonging Institute with UC 
Berkeley.  And give a talk on 
understanding racial inequality 
in the San Francisco Bay area.  
It was interesting talk.  An 
interesting organization.  
academic paper on this.  And 
from what I can tell from his 
talk and looking at the paper 
he probably only got 1/10th  of 
the way through this research.  
But ssentially it was talking 
about the history of redlining 
and how that has been 
incorporated into single-family 
zoning.  And other restrictive 
land-use policies.  At the 
offers to advocate for an 
examination of those land-use 
policies.  As well as grant 
policies.  
inclusionary zoning.  And I am 
proud this city is taking 
leadership on movement on a lot 
of those issues.  Not all of 
them there is still more work 
to do with a lot of hard work 
on this already.  So I am proud 
of that.  
which I am going to categorize 
as Walnut Creek strong.  
ABC news they always end with 
positive news for you.  
Warren from Pleasant Hill.  And 
we all received this.  And it 
struck me and it moved me.  
Bcause they were expressing 
their dep appreciation for our 
Arts department and the 
continued Arts programming that 
has happened but the good work 
of director Saphine of the 
Center for community arts.  
process and have taken arts 
programs and recreational 
programs outdoors but 
everything from dance to 
writing two ceramic.  And these 
two folks from Pleasant Hill 
that the virtual classes feel 
like a lifesaver.  A report in 
the storm.  Yes there are other 
arts programming available on 
the Internet but nothing can 
replace the feeling of being 
with the community we know and 
love.  We feel your staff at 
the city for community arts has 
been incredibly resilient.  And 
versatile in coming up with 
intelligent offerings that work 
virtually.  
continue along this path during 
an uncertain future.  Thank you 
Walnut Creek for supporting 
your communities during this 
challenging time.  So thank you 
Mr. Moore for expressing a 
positive sentiment I appreciate 
it and I know my fellow 
colleagues do as well.  
Matt, and I have a big oops.
councilmember and staff.  I am 
going back to A the will of the 
city attorney if there are any 
closed session announcements?  
session meeting or any closed 
session announcements from 
prior meetings.  
hope I did not cause you the 
city manager Buckshi to run out 
of things to say because now it 
is your turn.  
a few items to review  and the 
viewing public this evening.  
First I think we are all aware, 
obviously there were horrendous 
fires that occurred over 
roughly the last two weeks.  
They're still being impacted by 
the air quality by the smoke 
impacted our air quality here 
locally.  
I am pleased to report that we 
did receive a request for 
mutual aid.  That send police 
officers to the LNU open 
Ypsilanti County to deal with 
the mass evacuations that 
occurred there.  And we were 
able 
Over several days.  
that one of our city employees 
lost their home in that fire.  
And internally we are setting 
up.  We have already but ways 
to support her and her family.  
It was obviously devastating.  
In addition to that regarding 
the fire.  We had to 
reconfigure many of our 
operations.  Schools were 
closed most recreational golf 
were closed.  
conditions throughout the day.  
And we will make decisions and 
align it with regional partners 
seeking our direction in the 
air qality district in the 
county of public health.  
coronavirus although discussed 
earlier.  We want to reiterate 
if a system is set in place by 
the state.  The watch list with 
a color-coded system.  And 
Contra Costa are in the most 
restricted or the purple phase.
there for a few more weeks as 
they are unlikely to change 
status in less than a two week 
period.  I guess the upside if 
you will.  The situation is 
proving slightly in terms of 
numbers are stabilizing a bed.  
And barbershops and hair salons 
are allowed to resume.  
Operations inside as long as 
they are complying with social 
distancing requirements.  
Retail is allowed to open 
indoors with 25 percent 
capacity.  And workout centers 
or gyms are allowed to operate 
outside as are no supplies.  I 
have not received any updates 
yet on County health.  I still 
that County health officers 
evaluating these new 
regulations.  Comparing and 
contrasting with the existing 
County regulations.  To see if 
there are any discrepancies and 
how they make sure those are.  
Just as a reminder any local 
entity being in this case the 
county can be more restricted 
in the state but cannot be less 
restrictive.  At this point I 
am not aware that the county is 
any more restrictive.  I cannot 
say that definitively because 
that analysis is not done.  I 
did want to speak briefly to 
the rebound program.  At 
possibly the mayor or 
councilmember Silva Bay.
the councilmember updates.  
diverted to support local 
businesses.  In addition t 
shopping centers, hotel years, 
and just on a reminder on the 
enforcement side.  We do not 
want to be the bad guys but it 
is imperative for this entire 
program and all of these 
operations.  That everybody 
complied with the health 
orders.  
phase.  If another warning i 
warranted we will be shutting 
businesses down for a minimum 
of 1-2 weeks if not longer 
depending on the nature of the 
infraction.  Not that the city 
wants to do this.  But any 
violators risk putting the 
whole program and all 
businesses at risk.  There 
could be additional enforcement 
from the state or county if 
there are violations.  Shifting 
gears.  And I will provide more 
detail of the September 15 
meeting.  But the diversity and 
inclusion task force.  At the 
listening session.  
Facilitators have been 
selected.  The city work 
hand-in-hand with 
representatives of the FOSATH 
group.  Took time to cordinate 
schedules and get that 
complete.  However the 
facilitator has been selected 
the more information will be 
provided with details on 
September 15.  With that I want 
to clarify for the written and 
verbal report provided in two 
weeks.  We will cover all that 
has been done since June 2, 
2019.  
way y and plans for what is 
happening in the future with 
ballpark time frames.  A more 
definitive timelines for those 
programs that have occurred.  
Unless there are questions that 
concludes our update here this 
evening.  I believe you are on 
mute Madam mayor.
because my fan is blowing and I 
did not want to annoy anybody.  
Thank you everybody.  Now I am 
going to ask for councilmember 
Wedel report.  
attend the protest that 
occurred in Walnut Creek.  As 
above the speakers spoke 
tonight it was a peaceful 
event.  I also have the 
opportunity to conclude that 
many passionate speakers got up 
to tell their stories.  It was 
another opportunity need to go 
and listen and learn.  From 
different perspectives.  I also 
had the opportunity this 
morning along with some of my 
fellow members to attend a 
counsel event where talk about 
measure X on the ballot in 
November.  
will go to the general fund.  
will go around mental health 
care homeless services, etc. If 
interested in learning more the 
chamber has posted that 
presentation.  The discussion 
this morning on the website you 
can go to the County website.  
Councilmember Silva?  
back together in September.  A 
number of things have happened 
over the last few weeks.  I 
will start with the project 
I've been working on on behalf 
of the city related to the 
every 10 year census.  And many 
of you have seen the around the 
community making announcements 
about it.  
to close by the end of 
September a little faster than 
what was originally thought.  
But I am pleased to report the 
state of tlephone is head of 
the nation of 67.3 percent said 
percent said response.  The 
city of Walnut Creek. The 
Contra Costa Walnut Creek is at 
80 percent and we only have 
three small census tracts that 
are hovering in the HIGH-60s or 
low 70 percentile.  
to those who helped us in early 
August including four people 
from the youth leadership 
commission.  We went and we 
walked and set reminder cards 
to 6000 reminder cards in these 
census track areas of thank you 
for everybody who grabbed a 
card from us from the door.  
And it was iteresting.  We did 
not knock on doors it was done 
with masks and contactless.  
census, it determines how all 
the district lines will be 
redrawn.  Whether for Congress 
our state assembly and state 
Senate.  As well as for our 
county supervisors and other 
jurisdictions will be redrawn 
next year.  
participated today as I d 
frequently in state wide call 
for office of emergency 
services but this time it is 
related to wildfires and a 
wildfire state.  And I will 
mention that te fire that is 
surrounding us and Contra Costa 
Santa Clara San Joaquin is to 
the south of us.  It is 70 
percent contained but basically 
encompass 390,000.  Acres.  
Which means that the second 
largest fire in California 
history.  And 27,000 evacuees 
across the state.  People are 
still evacuated.  
yesterday.  When the mayor and 
I met as project rebound two 
weeks ago with local hotel 
property managers.  And they 
were managing the evacuees from 
the Napa area coming into 
Walnut Creek.  Many of them are 
still here or in communities 
around the Bay Area.  It is 
something for us to keep in 
mind.  As my next topic.  
Community service date is set 
for Saturday, October 10.  We 
decided since July to make a 
pivot.  Given the state of 
COVID.  
large community food tray.  The 
first announcement of it went 
out today in the city managers 
newsletter.  And 57 people 
click on it already.  People 
are already signing up.  There 
will be numerous ways to 
participate.  You can adopt 
some piece of the neighborhood 
and collect the food on 
community service David the 
first person wanted to take 600 
bags.
her it is not hard to 
distribute but it is a 
monumental task.  You need a 
team to collect that much 
donation.  We also have six 
local grocers will allow teams 
of people to stand in front of 
the stores.  And invite people 
to go in the stores during 
their shopping.  And purchase 
food and donate it to the food 
bank.  
doing all sorts of myriad of 
other activities.  So, we are 
hoping for a great level of 
participation that David is 
safe to not only support those 
in need.  Because of the 
economic crisis.  But realizing 
in times of wildfires and what 
we are experiencing now that we 
will need the additional move 
as well.  I will allow mayor 
pro tem to make invention on 
what some of the art task force 
is doing with project rebound.  
What I will mention the mayor 
and I have had ad hoc committee 
meetings the last month and 
-a-half. And both with hotels 
and representatives from the 
office sector of the economy.  
Receive some very interesting 
feedback and good ideas.  The 
office in particular was very 
complementary.  That there 
sector of the economy is being 
supported by what we have been 
doing downtown.  Visit the 
rtailing.  We have it ere.  
of my role as liaison to Walnut 
Creek downtown.  The 
restaurants in Walnut Creek 
truly wants us to talk of the 
delivery charges and the 
potential for a cap.
mayor we can see if we have 
consensus on that before the 
end of this portion.  Have that 
come back to counsel.  And 
finally I will mention.  That 
the league of California city 
and conference will not be held 
live this year.  It will be 
held virtually over the three 
days of October 7, eighth and 
ninth.  The good news is we 
save a lot of money because we 
do not have to be away from our 
he is sent home.  We do not 
have to fly to Long Beach and 
stay in a hotel.  
registration fee.  We can 
attend the conference for a 
mere $100 per person.  Go to 
any part all sessions.  
is probably worth it.  I 
encourage all counsel 
colleagues to sign up for the 
conference.  So that we can 
take the benefit of the 
wonderful programs that are 
planned.  And thank you very 
much.  
welcome.  For pro tem?  
you.  And I will first address 
the issues that councilmember 
Silva product.  First of all 
regarding the rebound program 
is something that artists  This 
throughout the area that have a 
passion for Walnut Creek have 
been getting together and 
helping beautify areas of 
Walnut Creek.  Especially in 
some of these areas that have 
vacancies now.  Do to COVID-19 
economic collapse.  And there 
are several different murals 
I'm sure people have seen as 
well.  And these are 
continuing.  This subcommittee 
was right on it.  And they are 
continuing to go 
back-and-forth.  
up to the overall ad hoc 
committee.  We are keeping 
everybody abreast of that.  I 
see I am at the witching hour 
personally I am getting 
pixilated on my screen I 
apologize for that.  Once we 
hit 8:00 at night I lighting 
seems to do funny things.  
Secondly I will support 
councilmember Silva and Walnut 
Creek downtown.  Talking about 
this in terms of the temporary 
cap.  But the discussion for 
the temporary capping of 
delivery for restaurants.  
restaurants this is a necessity 
at this time.  And until indoor 
dining opens is something we 
should put our best foot 
forward in trying to help these 
restaurants state and business. 
We are seeing some of our most 
well known and well attended 
restaurants going out of 
business.  
see.  
that up for emotion and be 
happy to second that.  
poll at the end.  
PRO TEM WILK: The need of what 
I was going to talk about 
convertible with the County 
connection board meeting.  As I 
met the directors in voting to 
move to all electric and zero 
emission buses for all of 
County connection.  They will 
be converting their entire 
fleet to zero emission buses 
but it will take some years to 
complete.  The county 
connection is looking a Hydra 
fuel cells as well as battery 
elected buses to fulfill the 
fit due to technology it will 
still take years to purchase 
the zero emission buses.  
large routes there are hilly 
routes a technology does not 
allow for anything but a diesel 
route. 
anticipated every bus purchased 
will b zero emission.  Please 
to make that motion and vote. 
mentioned there is a league of 
city discussion on racial 
inequality and differences 
between explicit and implicit 
racial bias.  I went to morning 
session that was different than 
the evening session that 
councilmember FranC'ois was not 
It was an engaging discussion 
between elected officials from 
throughout the bay area.  
There's a difference between 
explicit and implicit bias and 
it is something everyone needs 
to understand.  
rally in downtown Walnut Creek 
on Saturday.  And as had been 
expected and hope for it was 
peaceful.  And the speeches 
with the March through Walnut 
Creek.  With of course heavy 
emphasis on black lives matter 
and on Miles Hall.  
family went like people close 
to him this is still a tragedy 
we are living through this and 
it is something the Hall family 
will live with for the rest of 
their lives.  Unfortunately.  
important for people to 
understand some of the racial 
inequalities that may be 
occurring everywhere.  But 
police were there to divert 
traffic.  Although it was not 
anticipated to be anything but 
a nonviolent expression of 
First Amendment rights.  Many 
residents were relieved to know 
that they were ready for many 
who were not part of this 
peaceful protest and rally.  I 
did want to touch on the 24/7 
mental crisis health response 
but this is important.  As we 
talked about several times over 
several years.  
from mental illness 
councilmember Wedel has an 
uncle that suffers from it.  
And we need to have a 24/7 
mental health crisis response 
team.  And we know having gone 
through everything Walnut Creek 
does not have the resources for 
this.  It is a much larger task 
than people realize.  In the 
county is the one set up for 
this kind of support and 
resources.  Which I fully 
support.  And just heard we 
have spoken at the mayor 
office.  
19 Contra Costa for'ss for this 
as we heard at the Chamber of 
Commerce and County supervisor 
Kelly Bischoff was talking 
about measure X, regardless of 
people's views of measure X.
designed to go to eactly this. 
And mental health crisis 
response team.  And if we are 
going to support this and if 
this is something we feel we 
need.  And I feel we need this. 
That this is a way to achieve 
this.  
with councilmember Wedel plea, 
please look into measure X.  
Yes it is a sales tax but the 
County Board of transportation 
will talk about how they could 
have a 24/7 mental health 
response team.  This is 
critical needed this yesterday 
we need to save lives moving 
forward.  This is one step in 
the right direction.  And 
lastly I have been hearing from 
some people talking about 
school resource officers.  If 
they are wanted on campuses.  
People remember SRO's were 
brought in here when there was 
a rush of school shootings on 
campuses.  But it seems like in 
every state.  As parents of 
public school students.  They 
are concerned of what will 
happen if school shootings 
occurred here.  
almost universally acclaimed 
police roles in Walnut Creek.  
As we rcognized last fall.  
Almost a year ago.  School 
resource officer Nicole 
Rosenberg prevented a possible 
school shooting at Muslims when 
she disarmed a student with a 
loaded gun on campus.  We 
present her with accommodation 
at city Council meeting.  The 
entire counsel chambers give 
her a standing ovation.  
happened had she not been there 
disarmed that student.  But now 
there are some people who 
spoken asking if there is a 
different way.  Maybe unarmed 
SRO's or different uniform 
rather than a uniform.  Or no 
police presence.  I've not 
heard from administrations from 
disparate I have spoken to 
several administrations around 
the several school districts.  
I have spoken to school board 
members.  As spoken to 
teachers.  And I hve spoken 
with some students of color.  
And I just have not heard from 
these people I have spoken 
with.  That there has been an 
issue.  And I should say when I 
took walk along's at Las Palmas 
with SROs I was impressed by 
all they did.  
administration and students.  
And this is what the 
administrators told me they 
look at the SROs as a resource. 
And they knew many students by 
name.  The SROs did binding.  
if we if they are needed 
because of implicit racial 
bias.  Or putting students in 
the court system before they 
should be.  I would lasted 
access the public education 
committee test put this up and 
provide a report.  And if there 
should be changes.  And if so 
what changes they may 
recommend.  Because we are 
hearing this from or community 
to an extent I think the board 
should have a conversation with 
this new product.  And that i 
my report.  
do not get the idea that August 
is a time off.  Because I 
reported to the homeless task 
force.  And my share of 
rebounds.  And there was the 
mayor conference in August.  
And we had with mayor pro tem 
leading the commissioners to 
find out what they had been 
doing.  For the last six 
months.  And I attended a 
natural disaster put on by the 
league of cities.  Along with 
councilmember FranC'ois.  
the meetings in the evening.  
And even then it seemed like we 
were all working at full tilt.  
I promise that we will do a 
poll about other staff should 
put together information on 
whether we can do a cap on 
dlivery services for 
restaurants.  Would you raise 
your hand if you think we 
should go forward with this?  
unanimous.  
report back to the Council on 
that?  
correct.
is urgency related to this.  
And how far can you go given 
the number of us that said 
let's explore it to getting 
close?  So that we can move on 
this?  And can -- because the 
longer we delay the more days 
restauranteurs are not having 
relief if we go that way.  
back the report on the option 
action item the Council wishes 
to take action.  
able to take action and 
implement go through the 
multi-bidding process?  If this 
is under the emergency 
ordinance?  
done these as emergency 
ordinance is that a lot of take 
effect or quickly.  And we will 
review that as well and present 
that back.  As that of other 
cities have adopted this in a 
relatively short notice.  
in early August we were already 
on our break.  So it was 
difficult to figure out how to 
bing it forward faster.  So, 
thank you.  
will talk to staff about 
possibly with a September 15 
meeting.  Or for the October 6 
meeting.  Talk to staff about 
September 15 if feasible.
make September 15 and something 
like this be done as a single 
item special meeting if so 
shows?  
considered as a single item 
special meeting. For the 
adoption of an ordinance is 
typically happened at a regular 
meeting as opposed to a special 
meeting.  I will have to look 
at that and report that back to 
the Council.  
mayor.
for pro tem an issue he would 
like to propose for the 
education committee?  Do we 
have any comments, questions or 
follow-up?  
that as an action item.  
with councilmember Wedel and go 
to councilmember FranC'ois 
because if you talk at the same 
time I cannot hear either of 
you.  
that as an action item.  And 
address that with the 
individuals?  -- The education 
subcommittee.  A report that at 
the next meeting.  And Mr. 
FranC'ois I am sure does not 
have an issue with that.
MAYOR HASKEW: Do you know what 
the schedule is?  
meeting is not scheduled until 
December but I could talk to 
staff about scheduling.  
get this on the calendar in a 
relatively short future.  
believe I am closing item 4 and 
we are moving on to item 5. So, 
next on the agenda is the 
approval of the issuance OF THE 
CALIFORNIA ENTERPRISE 
DEVELOPMENT AUTHORITY REVENUE 
BONDS FOR THE NORTHCREEK 
CHURCH/SCHOOL FACILITY LOCATED 
AT 2303 YGNACIO VALLEY ROAD IN 
AN AMOUNT NOT TO EXCEED 
$20,000,000.  May I please have 
the staff report.  
name is Collette Hanna, I will 
be issuing bond counsel will 
provide a brief presentation.  
North Creek church in school 
located at 2303 Ygnacio Valley 
Road has admitted a application 
to the California Enterprise 
Development Authority (CEDA) 
for the purpose o issuing 
tax-exempt bonds in an amount 
we must have a paid will 
present on the purpose of the 
hearing and the action counsel 
is being asked to take.  
council members back for giving 
us the opportunity to come 
before you to present this 
item.  Colette has provided a 
brief summary of what we are 
trying to do here.  And we have 
a couple of slides.  I think we 
can maybe skip to the second 
slide if you will.  The project 
involves the construction of a 
multipurpose building.  As with 
any tax exemption asking for a 
nonprofit corporation.  We are 
required to hold a public 
hearing.  But the local elected 
representative.  And give the 
public an opportunity to raise 
comments with respect to that 
financing.  This is recorded by 
the Internal Revenue Code.  And 
published a notice for the 
public hearing.  And without 
the approval cannot do a tax 
exemption financing.  The tax 
exemption lowers the cost of 
the construction for the 
school.  So it is beneficial 
from that respect.  
want to keep this nice and 
short.  Amy let's go to the 
next one if you will.  The 
issuer for the financing is not 
the city is a California 
enterprise development 
authority.  The city is a 
associate member of the 
come forward for the approval.  
The obligations of the 
authority are not te 
obligation of the city.  
for the financing whatsoever.  
This is a requirement for the 
internal revenue code that has 
to be satisfied in connection 
with the closing and issuance 
of tax exempt opinion.  And I 
think with that I can keep my 
presentations short.  If 
anybody has any questions and 
happy to respond to also have 
Jim Baggs from North Creek as 
well as Josh winter the 
financial advisor for the 
financing but were happy to 
answer any questions.  
in counsel have any questions?  
About financing issues?  
Councilmember Silva?  
the presentation.  I know we 
have done this before.  They 
are able to do this and apply 
for these taxes and bonds 
because they are a 501(c)(3) 
under the IRS tax code?  Am I 
interpreting that correctly?  
financing is available for 
nonprofits are basically using 
the facilities to further their 
mission.  And help clinics and 
those types of organizations.
this is a faith based nonprofit 
she is still eligible you do 
not have to be a 
non-faith-based to be eligible 
for this bond?  
And we cn get into the Supreme 
Court ruling if you wanted to.  
relate the facts.  
are entitled to finance.  
Essentially what are known own 
sectarian sectarian.
dollars that are being used for 
this?   Is her bond funds sold 
in the bond market?  
public money associated with 
this financing.  It is for tax 
exemption that helps lower the 
cost the funds.  All the money 
is coming from a lender a 
financial institution.
much.
welcome.
more question.  The city no for 
the refinancing of this at all? 
they are with the joint and the 
city is not party to any of the 
documents.
Is there any more?  If not I 
will ask if there is public 
cmment.  
see any blue hands raised.
it back to the Council.
checked there are no written 
comments.
believe.  
received any written comments.
That being the case every get 
back to counsel for comments or 
more questions.  Councilmember 
Silva?  
adopt the resolution for the 
issuance of tax-exempt revenue 
bonds in an amount not to 
exceed 20 billion.  The 
California enterprise 
development authority for the 
refinancing the construction, 
acquisition, installation, 
renovation, of the North Creek 
church school facility located 
a 2303 Ignatius Valley Road in 
Walnut Creek.
motion and a second now we move 
to the roll call vote.  
Congratulations.
consideration items.  The 
consideration of a letter to 
Scott property providing notice 
of the city Council intent to 
consider modification or 
recession regarding the Bown 
act.  That is set forth in the 
city Council's letter to Mr. 
Rafferty dated July 1, 2020.  
believe, for both of the items. 
City attorney I believe the 
ball is in your court.  
would also we have them 
separately and begin with 6A.  
As the Council will recall and 
is the mayor indicated on June 
30 the city Council approved a 
letter to Mr. Rafferty that 
includes an unconditional 
commitment number five which 
reads as follows.  In the event 
the Council solicits written 
comments for a teleconference.  
Failing to read those comments 
to the length of the oral 
comments are failing to permit 
the witness to make oral 
comments unless that witness -- 
witnesses have been read aloud 
into the record by the staff.  
The Council made that 
commitment in the letter that 
you authorized.  And was sent 
to Mr. Rafferty.  Commitment 
number five.  Can be 
interpreted to require both the 
receipt of oral comments on an 
item on the agenda and the 
reading into the record of all 
written comments.  That creates 
a situation where the Council 
could be obligated to have all 
of the written comments 
submitted written and read into 
the record.  
accepting verbal comments.  
Anti-footnote and the would 
remember prior to the pandemic. 
The weight the Council accepted 
public comments was verbal 
comments provided to the 
Council as part of the meeting. 
And to the extent anyone 
submitted written 
correspondence that was 
received by the Council but was 
not read into the record.  It 
became part of the public 
record.  It was received by the 
Council did not read it in.  
that you do both items at every 
meeting.  The Brown act 
requires that the public be 
provided an opportunity to 
impress the Council.  And the 
governors recent related to 
teleconference meetings clearly 
states that that could be 
telephonically.  A telephone 
likely received tonight or 
electronically that can be 
emailed comments.  
staff report and preparing the 
item that is before you this 
evening.  And I would note the 
item before you this evening is 
to provide a notice to Mr. 
Rafferty.  That the Council is 
considering modifying or 
rescinding the unconditional 
because it is requiring us to  
do more than what the Brown act 
requires us.  But I will advise 
the Council that Mr. Rafferty 
has sent out additional 
correspondence to the city.  I 
have had a conversation with 
Mr. Rafferty prior to Council 
meeting.  Just prior to the 
Council meeting.  And it 
appears that Mr. Rafferty I 
believe is on the attendee list 
right now.  And may speak to 
this.  And welcome comments on 
this issue.  But it appears 
that between the city's 
intended purposes.  
recommendation right now.  
Counsel has not acted on this 
yet.  But with the city's 
intention is.  For accepting 
public comment.  What Mr. 
Rafferty police commitment 
number five requires are the 
same.  They can be accomplished 
in the same way.  That the city 
will continue to accept verbal 
comments at meetings.  And 
would accept the written 
comments into the record.  But 
was not read those comments 
into the record.  They would be 
accepted into the record they 
would be published to the 
agenda website for the meeting. 
And available for viewing from 
the public as well as the 
Council.  And as some of you 
recall we've taken breaks in 
meetings where you can review 
these items as they come in.  
other legislative bodies 
receive a large volume of 
written correspondence as part 
of the meeting.  And so I would 
like with the councils 
conference to modify the staff 
recommendation that is 
reported.  I spoke to Mr. 
Rafferty today and I would ask 
him to confirm it that this is 
his recollection.  And he 
agrees.  But I spoke with him 
about having the city and Mr. 
Rafferty have a written bid 
that the process the city 
complies with written number 
five.  That the Council would 
not have to resent or modify 
the item.  With that I am happy 
to answer any questions the 
Council has.  Once the Council 
has an opportunity to speak the 
Council will have two options 
at that point.  One is a do 
have an understanding of Mr. 
Rafferty.  
between myself and behalf of 
the city between myself and Mr. 
Rafferty as to the process.  
Then the Council will not have 
to take any action.  
Alternatively we do not have an 
understanding staff 
recommendation is that the 
Council provide the notice to 
Mr. Rafferty for considering 
amending -- rescinding or 
modifying unconditional number 
five.  I am hopeful the second 
option is not necessary now.  
But to the extent it is that is 
an alternative recommendation.  
With that I'm happy to answer 
questions.  The Council could 
take public comment.  
much.  Let me make sure I heard 
you correctly.  Is that we 
believe under the Brown act we 
would be meeting the 
requirements of the commitment 
letter.  As well as the intent  
of the law if we accept oral 
comment during a meeting.  
Verbal means both written and 
oral so sometimes we have to 
out loud.  Whether video buys.  
Oral comments during the 
meeting.  And then we would 
accept written comments as part 
of the record.  And staff would 
ensure we receive those written 
comments.  How far into the 
meeting with those comments?  
relates to.  Not only what the 
Council received that but they 
would be posted on the agenda 
website so public can see the 
comments as well.
8:00.  That would be the cutoff 
time?  And sometime during the 
item we would have to take a 
break if there are items for us 
to review?  If 20 comments came 
in written comments?  
the difficulty it is up until 
the time the Council acts on 
the consideration.  Up until 
the time you close public 
comments.
through the public comment 
period.  Great.  So 8:18.  
Whatever time it would be.  We 
would be allowed time to reach 
them?  
correct.  If there were a lot 
of comments.  And to be clear 
it is not common the Council 
gets a lot of comments i 
writing.  But to the extent 
they did the Council could take 
a break and read them.  And 
then we can take the action on 
that.  
questions?  Seeing none I will 
ask for public comment.  
Scott Rafferty.  
I have not had a chance to 
seak to Mr. Mattas until this 
evening but I am quite confused 
about all this controversy.  I 
just want my city to be 
listening to their 
constituents.  And I have had 
the benefit of being on Zoom 
calls and other forms this has 
taken.  And probably a couple 
dozens.  And I thought I 
covered every conceivable 
variety that allowed for 
real-time communication that 
was audible to the public.  
between documents you may 
receive that are circulated to 
the entire counsel.  And 
therefore have t be in the 
agenda packet and or posted.  
comments.  If you require 
written comments is says in te 
event the Council solicits 
written comments.  You are 
saying someone must or can 
submit comments in writing.  
Then it is saying you need to 
read this for two minutes.  Or 
allow the person to speak the 
comments themselves if you have 
not already read it.  
single legitimate combination.  
You can tell people they can't 
speak comments and have to 
submit things in writing and 
they can have their choice and 
submit in writing.  And still 
have an opportunity to speak 
their comments if those 
comments have not already been 
read.  Or you could say there 
are only oral, since it to be 
the direction we are heading 
in.  It is perfectly fine as 
long as he oral comments.  I do 
not understand what the 
controversy is.  The letter is 
worded in such a way that it 
makes it seem like you are 
critical of the solution.  And 
I don't think you should be.  
helpful.  And I think this 
covered all the bases.  If you 
do not want to have more 
written comments you do not 
have to have more written 
comments.  And have to allow 
people to speak for two 
minutes.  I do not know if 
treating this as a comment.  If 
not I would be happy to answer 
any questions.  
let me ask you a question.  Am 
I hearing yu say that you 
would be accepting of a 
decision of this counsel that 
would accept all comments?  
documents for the agenda 
packet.  As I understand from 
Mr. Mattas and posting them.  
That is entirely separate from 
the issue of people having an 
opportunity to address the 
Council.  
on.  If we establish that those 
comments need to be mailed to 
our clerk.  Insufficient time 
before the agenda before the 
meeting starts?  Where is the 
cutoff for when you are 
suggesting that male come in?  
To the Council?  
anticipate this would be mailes 
if somebody wants to mail and 
you are asking what the cutoff 
is?  
communication to the Council.  
Email is as much mail as 
anything else although I am not 
an attorney.  That is not a 
legal opinion.  But can we say 
that all communication with 
counsel known oral must be 
received by counsel by 5:00 
before the actual Council 
meeting?  
jurisdiction has done that and 
that is not address the cutoff 
for the exchange in your 
policy.  I think it would be 
very unfriendly.  But it is not 
prescribed by this.  Can I 
interject?  Maybe the city 
attorney can wait in.  But I 
heard the city attorney say was 
that instead of rescinding our 
commitment we sent to you in a 
letter.  There seems to be a 
meeting of the minds here.  
That up until the end of public 
communication it will be posted 
online.  And that would satisfy 
the commitment we made in that 
letter.  Consistent with the 
Brown act.  I just want to 
verbally is that your 
understanding?  
say written comments first one 
you made those comments.  What 
have a right to speak them.  If 
already read them present you 
something that said don't 
bother reading.  If you get a 
letter on a subject that goes 
into your pocket.  That is not 
styled the same comments.  That 
is a totally different section 
of the Brown act.  But if they 
are intended to be addressed to 
the public then they should 
either be read, for the person 
allowed an opportunity to speak 
them.  That is your choice.  
is your position I thought that 
is different than what you and 
the city attorney?  
read, you could choose to say 
we will not read these comments 
and not allow you to speak.  
you to speak but we will not be 
the comments for you.  Or you 
can think we will start reading 
comments.  And once we have 
read them that is your choice.  
There seemed to be three 
different options.  As the 
mayor pointed out you can say 
-- I suppose you could say we 
are aggregating our policies of 
accepting things up to the time 
of the items consideration.  
And will have to be in here 
before the meeting starts.  I 
guess you can do that.  I don't 
think it is very friendly.  I 
do not think it will be 
appreciated.  But you can have 
all your public comment at t 
the beginning the beginning of 
the meeting for the project 
before the consideration.  
Mattas' viewpoint it is allowed 
by the Brown act is nt 
restricted by the spirit this 
is just one of the other.  Your 
choice but somehow people have 
a right to address the 
community as a whole review 
take action.  
percent agree on that I was 
trying to understand whether 
you and Mr. Mattas had reached 
agreement on something that 
would avoid us having to take 
action today.  That is all I 
was asking.  I still am not 
sure we have perhaps we should 
achieve with the item.  
And I did not ask it.  I was 
trying to find something I 
could hang my hat on I was not 
making a statement of wish.  
Councilmember Silva?  
we are still in public comment 
I will wait for questions.  
any more questions for counsel.
sure there are no written 
comments we need to 
acknowledge?  
did but in case we didn't.  Do 
we have any written comments?  
no written comments.  
councilmember Wedel after 
councilmember Silva you are an 
expert councilmember Silva.  
reiterate is simply as possible 
what you think our agreement is 
with Mr. Rafferty?  That would 
be helpful because I want to 
make sure we take the right 
steps are.  To ensure everyone 
who wishes to send us 
communication whether to 
deliberate or really or to send 
as written comments that they 
are able to do so?  
discussion I had with Mr. 
Rafferty and I will say his 
comments were consistent with 
those tonight.  
process whereby you would take 
verbal comments on all items 
that you needed to take 
comments on.  So every item on 
the agenda the consent calendar 
just once.  All the other items 
you take public comment on.
assuming aural?
Oral Or audible.  And also that 
the Council would continue to 
accept written comments via 
email or regular mail.
written now will not come in 
last minute.  But written or 
email, through the conclusion 
of the public comment section 
of that particular iem.  If we 
did that.  If we always divided 
te opportunity for verbal, 
which is what the Council did 
pre-pandemic and has continued 
to do.  But if we do that and 
accept the written comments.  
And accept it into the written 
record that satisfies from what 
I understand from Mr. Rafferty 
and here today.  Betty agrees 
that satisfies the language of 
the conditional commitment of 
number five.  
unconditional commitment number 
five is a mechanism under the 
Brown act to avoid litigation.  
I do think it is important of a 
written understanding about Mr. 
Rafferty not just a verbal 
conversation.  Mostly for 
certainty on both sides.  
Because he is the party that 
would have the authority to 
bring litigation if we are not 
complying with the 
unconditional.  
have that written 
understanding.  And so that is 
the short answer.  
Silva?  
appropriate to continue this 
item to a date certain to you 
and Mr. Rafferty can get a 
written agreement?  
Council can continue to your 
nxt meeting if you wish.  The 
Council should understand if 
you continue it, because we 
have to give 30 days notice 
before w modify and 
unconditional commitment we 
would be delaying the start of 
that 30 days notice but the 
practical would be that we 
continue to accept verbal 
comments.  And read written 
comments into the record.  And 
if they come in and the person 
-- until we have a new process 
in place.  
that 30 day start.  
only occur if we do not have an 
agreement with Mr. Rafferty.  
If we do with Mr. Rafferty it 
could start sooner?  
correct.
of you are saying the same 
thing.  I would be happy to 
this to September 15 motion 
pending Mr. Rafferty and Mr. 
Mattas getting something in an 
email.  
have a motion and a second.  
Matt Got it he was quiet but he 
got it.  A we have a roll call 
vote?  Do you want to comment?  
question I have my hands 
raised.
understand.  I got confused was 
the letter and what the mayor 
said and what was said by Mr. 
Rafferty.  I just want to make 
sure I get this.  Upon a member 
of the public I can email a 
comment as it relates to your 
understanding with Mr. 
Rafferty.  I get email that 
will be included in the packet 
for council mmbers.  And I can 
choose whether or not I want to 
come down and provide a public 
comment over Zoom? 
MATTAS: Correct you can email 
and any comments you want to 
the city's public comments 
email address.  And anyone can 
make verbal comments, oral 
comments as part of the public 
comment section that the 
Council of ministers.  That 
administered during meeting.
email or not?  
email.  In the affected the 
email got written and took two 
minutes fit in your 
hypothetical it will not happen 
that way.  To the extent that 
that happens that would take 
the two minute oral comment 
time away.  
confuse me.  Let's get past 
this notice but somebody sent 
in an email it is included in 
the packet it is not red.  That 
same person that sent in the 
email can come into Zoom and 
have the two minutes to speak 
on the same subject?  
correct.  
understanding based on your 
conversation with Mr. Rafferty 
you have a meeting of the minds 
right now based on that 
explanation I just get.  
do.  But the type period that 
is provided in councilmember 
Silva will give us time to do 
that.  I do leave since we have 
a written letter to Mr. 
Rafferty with a commitment that 
we should have a written 
understanding.  The process you 
talk about complies with that 
commitment.  I think that is 
important for purposes of the 
public understanding.  As well 
as the Council.  And the city 
and Mr. Rafferty not finding 
need to be involved in 
litigation.  
emotion.  I believe we run out 
of questions we have a second.  
And back can we please have 
local.
Councilmember Silva?  
FranC'ois?  
Trent 11?  
passes unanimously.
go to B city attorney?  
will make the presentation and 
there is a recommendation.  And 
the staff packet.  And there is 
a revised letter that was 
posted for this item.  So, in a 
letter August 5 a separate 
letter from Mr. Rafferty he 
submitted a cease and desist 
letter pursuant to 549 60.2.  
Related to the manner in which 
item titles were expressed on 
the agenda for the August 7 
mayor and chairpersons 
committee meeting.  Regarding a 
public announcement related to 
2020 census made by a 
councilmember at the January 31 
mayor and chairperson 
subcommittee meeting.  
meeting the agenda is updated.  
Stated that the purpose of that 
meeting was to allow for 
updates from representatives of 
countywide commissions.  
Commission chairperson and vice 
chairperson.  City staff and 
the mayor pro tem on actions of 
the respected legislative 
bodies.  
updates is consistent with the 
purpose of those meetings.  And 
the members of the public to 
attend those meetings are 
aware.  The publicpurpose of 
that meeting is for the mayor 
pro tem and the chairs and vice 
chairs to actually have an 
exchange of what their 
respective bodies have been 
doing.  So that all of the 
city's policymaking bodies have 
an understanding of what is 
going on at the different 
policymaking bodies.  B those 
committees of the countywide 
representatives.  And with 
representatives the countywide 
committees.  These meetings are 
generally informational in 
nature and action is not taken 
at the species except to 
approve the meetings of the 
prior minutes.  These are not 
general meetings for actions 
occur.  
meeting a councilmember not 
part of the committee did 
attend every portion of the 
meeting and made a public 
nervous announcement in public 
comment crelated o 2020 census 
but otherwise did not provide 
any other comments during the 
meeting and did not participate 
in the meeting.  Mr. Rafferty's 
letter did also, I would know.  
Because it is in your agenda 
pcket to have a public records 
request for that stuff is 
responded to in part it is 
continuing to respond to 
additional information.  We 
have to obtain from archived 
files to obtain for the public 
record is not part of this 
agenda but I wanted it to be 
over.  We ask questions.  The 
purpose of this is limited to 
the cease and disease request 
and Mr. Rafferty's letters.  
Pursuant to Governor code 54960 
and 54960.2 Mr. Rafferty's 
letter is a statutory 
prerequisite to file a lawsuit. 
And in an effort to avoid 
litigation the same code 
provisions authorize the city 
Council have an unconditional 
commitment similar to what we 
just spoke about.  That if they 
provide that that essentially 
serves as a bar to litigation.  
Assuming the Council complies 
with that and the Council does 
not ultimately recent that 
unconditional commitment.  In 
rsponse to the two specific 
request that Mr. Rafferty made. 
At the practice and state law.  
Staff is recommending the 
Council approve the attached 
response letter that includes 
the following two unconditional 
commitments better statements 
of state law we want to be 
clear on that.  The first is 
that city Council will adhere 
to the description requirements 
on 54942A1.  For regular 
meetings.  As it may be amended 
from time to time.  In the 
preparation of agendas.  
in government code 54956 a for 
special meeting o that may be 
amended from time to time in 
the preparation of notices and 
related meeting agendas for 
special meetings.  Those 
sections provide the parameters 
for which the Council describes 
an agenda iem.  To be clear 
Mr. Rafferty's concern about 
the August 7 meeting related to 
the fact that the agenda 
referenced updates.  Other 
parameters around that is 
initially drafted.  And so that 
is in fact what those meetings 
do.  But there was a concern 
about that.  And in reality the 
city has always follow these 
procedures under the government 
code sections.  And will 
continue to do so.  We are 
recommending the Council agreed 
to an unconditional commitment. 
The second unconditional 
commitment will be the city 
Council will adhere to the 
outline and 54952.2 c6 as that 
may be amended from time to 
time.  We've included that 
phrases may be amended from 
time to time because the state 
legislature does change these 
requirements sometimes.  I do 
not have to comply with the 
updated requirements.  In this 
will allow to happen with the 
unconditional commitment.  This 
particular section relates to 
committee meetings.  
you have a committee of two 
Council members other Council 
members can attend the 
meetings.  But they are 
supposed to attend just to 
observe not to participate.  So 
there is no possibility a 
committee meeting converts to a 
Council meeting at that point.  
So these are provisions the 
city has followed.  And the 
government law requirements 
right now.  From the standpoint 
of avoiding any potential 
litigation.  And without 
admitting any liability it is 
clear the Brown act can make 
unconditional changes without 
responsibility or liability.  
We are recommending the Council 
approved the letter to Mr. 
Rafferty with these two 
unconditional commitments.  
any questions.  
about this item?  Seeing and I 
will now take it to public 
comment.  Anybody interested in 
commenting publicly?  
seeing any hands raised.
am a slow reader of remembering 
other written comments as well? 
written comments for this item.
bringing it back to Council 
closing public comment.  Are 
there any additional questions 
from counsel?  Or any comments 
or maybe a motion?  
approve the letter to Scott 
Rafferty's in the city Council 
is an unconditional commitment 
with respect to certain past 
actions alleged in Mr. 
Rafferty's letter.  
I will second that.
for the record that is the 
revised letter posted.
revised letter that we received 
before the heating started this 
evening.  
a roll call vote?  
Councilmember Silva?  
Wilk?  
the official business of the 
meeting but there is one more 
thing to go.  I will read this 
in honor of Joanne Hannah.  
Walnut Creek has had many euros 
it is great when we can 
celebrate their contribution 
while we can hear there will 
earned accolades.  We have 
learned Joanne Hannah is in 
hospice.  She is the founder of 
the Walnut Creek open-space 
foundation and the key leader 
in protecting and making the 
open space of the asset that it 
is today.  We want to share 
with her in our community what 
a treasure she has been.  At 
the incredible value of the 
legacy she has given us.  She 
was appointed to the planning 
commission during the years of 
biggest growth in Walnut Creek. 
She served from September 1968 
to December 1976.  She was a 
champion of the sign and 
hillside ordinances.  Not 
covering so much of our growth 
and continued to guide us to 
this day.  Almost 50 years ago. 
Person of Michelle which was in 
the process of being turned 
into a massive housing 
subdivision.  She and her team 
of friends and like-minded 
folks overturned the 
development.  Through a 
referendum by the people.  She 
then went to work on the 
open-space committee to acquire 
the property in order to save 
it for future generations.  
That is a monster of 
accomplishments.  It included 
collaborating with the county 
and the passage of the bond 
measure to supply funds.  Once 
supplied it was her mission to 
make sure the area be kept in 
its natural state.  And work 
beginning began to ensure lost 
habitats.  Under COVID-19 
limitations what a valuable 
component of the community 
became even more valuable as a 
place for enjoying nature.  And 
we centering our souls.  On a 
grander scale Joanne was a 
strong supporter and a 
volunteer for save Mount 
Diablo.  She started painting 
at the age of 75.  And evolved 
into a notable open air 
painter.  Most of her work in 
homage to Mount Diablo.  In 
collaboration with her dear 
friend Sally Ingram she 
produced a beautiful book of 
legacy homes in time for our 
city's Centennial celebration.  
Hannah Grove, Hannah Lane ad 
Hannah Trail are all named 
after Joanne.  When you pass 
them please offer your things 
to her for her dedication, her 
persistence, and her love of 
the open-space.  Thank you very 
much for your work, Hannah.  
Joanne.  And now the meeting is 
adjourned.  
