City Council Regular Meeting - 6:00 PM
Tuesday, June 21, 2022
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
DARLING
HASKEW
WILK
mAYOR pRO tEM SILVA
mayor FRANCOIS
Meeting minutes were approved by the City Council on July 21, 2022.
CITY COUNCIL REGULAR MEETING AT 6:00 PM
Council Chamber, 1st Floor
1. OPENING
a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance.
c.
OATH OF OFFICE: Jane Emanuel, Arts Commission
2. CONSENT CALENDAR
Oral public comments were received from Charles Kreling (2e). Remote public comments were received from Nicole (2e).
Motion by Haskew, second by Mayor Pro Tem Silva,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a, 2b, and 2f-2l as follows:
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Mayor Pro Tem Silva noted for the record a correction to Consent Calendar Items 2a and 2k, and a recusual on Consent Calendar Item 2g as she lives in the affected property area. a.
APPROVED CITY COUNCIL MINUTES of June 7, 2022, as provided in their revised format.
Meeting Minutes - JUN 7 2022
Addendum - Revised JUN 7 2022 Meeting Minutes
b.
ACCEPTED WARRANT REGISTERS dated May 27, 2022 and June 3, 2022 and DIRECT PAYROLL TRANSFERS dated June 3, 2022.
Warrant Registers
f.
ADOPTED RESOLUTION NO. 22-34 approving the Salary and Wage Plan dated and effective as of June 26, 2022.
Agenda Report
ATTACHMENT - DRAFT RESOLUTION
EXHIBIT A - SALARY AND WAGE PLAN - JUN 26 2022
g.
AUTHORIZED THE CITY MANAGER to execute a consultant services agreement with Quincy Engineering for $578,700 to provide civil engineering design services for Phase 1 of the Tice Creek Bridge at Castle Hill Road Bridge Replacement project.
Mayor Pro Tem Silva recused herself from this item as she lives in the affected property area.
Agenda Report
ATTACHMENT - MAP
ATTACHMENT 2 - TASK ORDER NO, 3
h.
AUTHORIZED THE CITY MANAGER to execute the Funding Agreement between the Contra Costa Transportation Authority and the City; and appropriate an additional $25,000 from Traffic Impact Fees to CP#9986 for the Transit Signal Priority project.
Agenda Report
ATTACHMENT 2 FUNDING AGREEMENT BETWEEN CCTA AND WC
i.
AUTHORIZED THE CITY MANAGER to execute a final two-year extension of the Custodial Services Agreement with Impec Group, Inc.
Agenda Report
ATTACHMENT - THIRD AMENDMENT TO CUSTODIAL PSA
j.
AUTHORIZED THE PURCHASE of 90 Primary Weapons Systems rifles and 20 additional Griffin Armament noise suppressors, as are due for replacement, in the amount of $96,716.06.
Agenda Report
ATTACHMENT 1 - IAS PRICE QUOTE - PWS RIFLES
ATTACHMENT 2 - IAS PRICE QUOTE - TRADE-IN CREDIT - PWS RIFLES ATTACHMENT 3 - IAS PRICE QUOTE - GRIFFIN ARMAMENT SUPPRESSORS k.
ADOPTED the new Outdoor Dining Policy, providing policy direction and guidelines for all outdoor dining and direct staff to proceed with required changes to the Municipal Code, as provided in its revised format.
Agenda Report
ATTACHMENT 1 - OUTDOOR DINING POLICY
ATTACHMENT 2 - OUTDOOR DINING POLICY DIRECTION SUMMARY
Addendum - Revised Outdoor Dining Policy
l.
APPROVED AND ISSUED REPORT on measures taken to alleviate the conditions which led to the adoption of Urgency Ordinance 2219 pertaining to continuing the rebound program, temporarily suspending and adding certain requirements and authorities under the Walnut Creek Municipal Code.
Agenda Report
ATTACHMENT 1 - COUNCIL REPORT
ATTACHMENT 1A - URGENCY ORDINANCE 2219
Councilmember Wilk pulled Consent Calendar Items 2c and 2d as listed below, to advise he would be voting "no." c.
WAIVE SECOND READING AND ADOPT THE ORDINANCE amending Planned Development District (P-D) 2092, Shadelands Technical Center, to encompass only 1925 Oak Grove Road (omitting 2800 Mitchell Drive) (introduced 6/7/22).
DRAFT ORDINANCE
d.
WAIVE SECOND READING AND ADOPT THE ORDINANCE rezoning the property at 2800 Mitchell Drive from Planned Development District (P-D) 2092 to P-D 2221, Rezoning Application No. Y20-034, Oakmont Senior Housing (introduced 6/7/22).
DRAFT ORDINANCE
Addendum - Revised Ordinance
Motion by Mayor Pro Tem Silva, second by Haskew,
carried
, to WAIVE SECOND READING AND ADOPT ORDINANCE NO. 2220 amending Planned Development District (P-D) 2092, Shadelands Technical Center, to encompass only 1925 Oak Grove Road (omitting 2800 Mitchell Drive) (introduced 6/7/22) and to WAIVE SECOND READING AND ADOPT ORDINANCE NO. 2221 rezoning the property at 2800 Mitchell Drive from Planned Development District (P-D) 2092 to P-D 2221, Rezoning Application No. Y20-034, Oakmont Senior Housing (introduced 6/7/22), as provided in its amended format.
YEAS:
Darling, Haskew, Mayor Pro Tem Silva, Mayor Francois.
NOES:
Wilk.
e.
WAIVE SECOND READING AND ADOPT THE ORDINANCE amending Chapter 6 (Weapons) of Title 3 (Public Safety) of the Walnut Creek Municipal Code to require the safe storage of firearms in a residence (introduced 6/7/22).
Councilmember Wilk pulled Consent Calendar Item 2e to provide comments.
Motion by Wilk, second by Haskew,
carried unanimously
, to WAIVE SECOND READING AND ADOPT ORDINANCE NO. 2222 amending Chapter 6 (Weapons) of Title 3 (Public Safety) of the Walnut Creek Municipal Code to require the safe storage of firearms in a residence (introduced 6/7/22).
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
DRAFT ORDINANCE
CORRESPONDENCE RECEIVED
A brief update was provided by Chief of Police Jaime Knox regarding a recent incident that occured at Macy’s in Broadway Plaza.
3. PUBLIC COMMUNICATIONS
In-person oral public comments were received from Pete Bennett; Jan Warren; and Lynn Nice. Remote public comments were received from Rosemary Nishikawa and Barbara Guinness. Written public comments were received and provided to the City Council, and posted online as part of the meeting record.
General Public Comment - Received Prior to Meeting
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - none.
b.
City Manager reports - Assistant City Manager Teri Killgore reported on her attendance at the West Coast Regional International Downtown Association Convention in specific regard to pandemic response. She thanked Council, staff and business partners for their efforts in the pandemic response pertaining to economic development. c.
City Councilmember reports on AB1234 Activities, Councilmember assignments and various activities and upcoming events Councilmembers announced upcoming events, reported on meetings and other local events attended since the last meeting.
5. PUBLIC HEARING
a.
APPROVE FISCAL YEAR 2022-2023 ANNUAL ACTION PLAN (CDBG FUNDS) AND FUNDING PLAN FOR THE CITY’S COMMUNITY GRANTS PROGRAM Assistant Housing Planner Sherluna Vien presented the agenda report. She reported that Walnut Creek is an entitlement community under the Federal Community Development Block Grant (CDBG) program. As required by the Department of Housing and Urban Development, the City Council was asked to review and approve the 2022-2023 Annual Action Plan, specifying the actions and investments that will be carried out in the coming year to implement the approved 2020-2025 Consolidated Plan. The Housing and Community Development Committee developed funding recommendations for the City’s Community Grants Program, including the allocation of the FY 22-23 CDBG funds, the local Community Service Grant funds, the local Homeless Services Grant funds, and the State Permanent Local Housing Allocation funds. The City’s Community Grants Program funding recommendations are incorporated into the City’s 2022-2023 Annual Action Plan.
Mayor Francois opened the item for public comment. Oral public comments were received from Jan Warren.
A revised Attachment 3 was provided to the City Council, distributed at the meeting and posted online as part of the meeting record.
Motion by Darling, second by Mayor Pro Tem Silva,
carried unanimously
, to ADOPT RESOLUTION NO. 22-35 approving the 2022-2023 Annual Action Plan, including the proposed funding plan for the CDBG, CSG, HSG, and PLHA programs, the reallocation of ARPA funds, and the backup funding scenario.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - PROPOSED RESOLUTION
ATTACHMENT 2 - 2022-2023 ACTION PLAN
ATTACHMENT 3 - 2022-2023 FUNDING PLAN
ATTACHMENT 4 - 2022-2023 BACKUP FUNDING SCENARIO
Addendum - Revised Attachment 3
b.
CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION WHICH APPROVED THE 13-LOT, SINGLE FAMILY DEVELOPMENT AT 2670 AND 2680 WALNUT BOULEVARD City Council Ex Parte Contacts Disclosure - Mayor Francois asked for any ex parte contact disclosures from the City Council. Mayor Francois had comments pertaining to conversations he had but nothing that would exclude him from participating in the item.
Associate Planner Simar Gill presented the agenda report. She reported that on May 12, 2022, the Planning Commission held a public hearing, took public testimony, and adopted Resolution No. 3911 granting Planning Commission approval of Vesting Tentative Map 9556, state density bonus and waivers, tree removal permit and tree dripline encroachment permit for the 13-lot, single family development at 2670 and 2680 Walnut Blvd. On May 24, 2022, appellants, Dennis Miller, Carol Evens and Mike Spowhn filed an appeal of the Planning Commission’s decision raising health and safety issues pertaining to drainage, and also cited concerns regarding traffic, parking, trees and HOA fees for the project. Pursuant to Walnut Creek Municipal Code Section 10-2.4.406, the City Council is charged with considering the appeal of the Planning Commission’s decision (Resolution No. 3911) on the approved project.
Additional materials provided by the appellants were provided to the City Council, distributed at the meeting and posted online as part of the meeting record.
Prem Dhoot, Haven Development, provided the presentation on behalf of the applicant.
Appellants Dennis Miller (in person) and Carol Evens (via Zoom) provided their presentation.
Mayor Francois opened the item for public comment. Oral public comments were received from Gregory Moran; Philip Rais; Arasn Sabet; Janet Miller; Andrew Crinnion; Dana Ewing; and Jan Warren. Remote public comments were received from Jackie Bush and Jeff Stillwell. Written public comments were received and provided to the City Council, and posted online as part of the meeting record.
The applicant provided a rebuttal and answered clarifying questions from the City Council.
The meeting was recessed from 9:15 p.m. to 9:25 p.m.
Dennis Miller provided a rebuttal on behalf of the appellant.
Council discussed the hydrology aspect of the project.
Randall Harris, Harrison Engineering, provided clarification as it related to the hydrology components of the project.
After discussion regarding the drainage channel, City Attorney Steve Mattas recommended moving the resolution forward with an amendment to page 12, number 9c stating the City (Walnut Creek) has a right, not an obligation to enforce maintenance on the drainage channel. The applicant approached and concurred the amended language was agreeable.
Motion by Mayor Pro Tem Silva, second by Darling,
carried unanimously
, to ADOPT RESOLUTION NO. 22-36 denying the appeal and upholding the decision of the Planning Commission and approve the Tentative Subdivision Map, Density Bonus Waivers, Tree Removal Permit and Tree Dripline Encroachment Permit, as amended at the meeting.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - AERIAL AND VICINITY MAP
ATTACHMENT 3 - PLANNING COMMISSION RESOLUTION 3911
ATTACHMENT 4 - PLANNING COMMISSION STAFF REPORT
ATTACHMENT 5 - APPEAL LETTER
ATTACHMENT 6 - DEVELOPER RESPONSES
ATTACHMENT 7 - PROJECT PLANS
ATTACHMENT 8 - HYDROLOGY REPORT
ATTACHMENT 9 - BIOLOGICAL ASSESSMENT REPORT
ATTACHMENT 10 - OBJECTIVE DESIGN STANDARDS CHECKLIST
ATTACHMENT 11 - DENSITY BONUS WAIVER LIST
ATTACHMENT 12 - ARBORIST REPORT
Addendum I - Additional Materials Provided by Appellant and Public Comment Received Addendum II - Public Comment Prior to Meeting
c.
PUBLIC HEARING FOR THE CITRUS MARKETPLACE SHOPPING CENTER (APPLICATION NO. Y21-117): NEGATIVE DECLARATION AND PLANNED DEVELOPMENT REZONE City Council Ex Parte Contacts Disclosure - Mayor Francois asked for any ex parte contact disclosures from the City Council. There were none.
Associate Planner Simar Gill presented the agenda report. She reported that the City Council is asked to consider adoption of Negative Declaration and approval of a Planned Development Rezone for the existing Citrus Marketplace Shopping Center located at 2200-2290 Oak Grove Road. The project requires amending the existing Planned Development (P-D) District No. 1936 to a new P-D District to allow a change in the operating hours of the primary anchor tenant space (former Nob Hill) from 6:00 am - 11:00 pm, to 5:00 am - midnight daily; and a change in the hours for the secondary anchor tenant space (currently the BevMo store) to allow 24-hour outgoing deliveries. Associate Planner Gill stated that the rezoning would also update the P-D’s land use regulations and land uses table to more closely match other nearby shopping centers which are located in the Community Commercial (C-C) District. The proposed rezoning also carries some of the limitations contained in the current P-D District that are meant to minimize potential impacts to the adjacent Woodlands residential neighborhood. A Negative Declaration was prepared and circulated to evaluate the environmental impacts of the project. No exterior modifications or expansion of the existing shopping center is proposed as part of this application.
Jordan Sauers, Go Puff, provided the presentation on behalf of the applicant.
Mayor Francois opened the item for public comment. Oral in person public comments were received from Fred Vitt, DPI Retail. Written public comments were received prior to the meeting and provided to the City Council, distributed at the meeting and posted online as part of the meeting record.
Motion by Wilk, second by Mayor Francois,
carried unanimously
, to ADOPT RESOLUTION NO. 22-37 adopting the Negative Declaration for Application No. Y21-117, Citrus Marketplace Shopping Center, 2200-2290 Oak Grove Road; and INTRODUCE AND WAIVE FURTHER READING OF THE DRAFT PLANNED DEVELOPMENT ORDINANCE rezoning the Citrus Marketplace Shopping Center located at 2200-2290 Oak Grove Road.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 1B - NEGATIVE DECLARATION DOCUMENT
ATTACHMENT 2 - DRAFT REZONING ORDINANCE
ATTACHMENT 2 EXHIBIT A - EXISTING MAP
ATTACHMENT 3 - VICINITY AND AERIAL MAP
ATTACHMENT 4 - EXISTING PLANNED DEVELOPMENT PD-1936
ATTACHMENT 5 - TENANT ROSTER
ATTACHMENT 6 - APPLICANTS REZONE REQUEST LETTER
ATTACHMENT 7 - REDLINE STRIKETHROUGH PD VERSION
ATTACHMENT 8 - PLANNING COMMISSION RESOLUTION 3912
ATTACHMENT 9 - PLANNING COMMISSION RESOLUTION 3913
Addendum - Public Comment Prior to Meeting
d.
CONSIDERATION OF EXTENSION OF URGENCY ORDINANCE NO. 2219 PERTAINING TO CONTINUATION OF THE REBOUND PROGRAM Senior Planner Jeanine Cavalli presented the Agenda Report. She reported that on May 17, 2022, the City Council considered an urgency ordinance and conducted a public hearing, after which Council adopted Urgency Ordinance No. 2219 of the City Council continuing the Rebound Program, temporarily suspending and adding certain requirements and authorities under the Walnut Creek Municipal Code, including requirements pertaining to parking, signs, and curbside pickup zones, and temporarily vesting certain authorities in the City Manager to allow for implementing an Administrative Citation and Fine Structure to enforce Rebound Program Guidelines. Senior Planner Cavalli stated that in order to ensure the Rebound Program remains in place until an Outdoor Dining Policy and related Zoning Code amendments are adopted, the City may conduct a public hearing and adopt an urgency ordinance extending Urgency Ordinance No. 2219.
Mayor Francois opened the item for public comment; hearing no comment, he closed the public comment period.
Motion by Mayor Pro Tem Silva, second by Wilk,
carried unanimously
, to ADOPT URGENCY ORDINANCE NO. 2223 pursuant to Government Code Section 65858 extending Urgency Ordinance No. 2219 continuing the Rebound Program, temporarily suspending and adding certain requirements and authorities under the Walnut Creek Municipal Code, including requirements pertaining to parking, signs, and curbside pickup zones, and temporarily vesting certain authorities in the city manager to allow for implementing an administrative citation and fine structure to enforce rebound program guidelines.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT - DRAFT URGENCY ORDINANCE
6. ADJOURNMENT OF THE REGULAR MEETING OF THE CITY COUNCIL at 10:27 p.m. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Matt Francois
2021-22 Mayor of the City of Walnut Creek