City Council Regular Meeting - 6:00 PM
Tuesday, November 1, 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 November 15, 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.
PRESENTATION: Walnut Creek Downtown – Arts Around August
2. CONSENT CALENDAR
There were no public comments for items on the Consent Calendar.
Motion by Mayor Pro Tem Silva, second by Wilk,
carried unanimously
, to APPROVE THE CONSENT CALENDAR as follows:
YEAS:
Darling, Haskew, Wilk, Mayor Francois, Mayor Pro Tem Silva. a.
APPROVED CITY COUNCIL MINUTES of October 18, 2022.
Minutes
b.
ACCEPTED WARRANT REGISTERS dated October 14, 2022 and October 21, 2022; and DIRECT PAYROLL TRANSFERS dated October 21, 2022.
Warrants
c.
APPROVED AND ISSUED REPORT on measures taken to alleviate the conditions which led to the adoption of Ordinance No. 2212 pertaining to the regulation of second dwellings and urban lot splits in single-family residential zoning districts.
Agenda Report
Attachment 1 - Ord 2212
Attachment 2 - Ord 2213
Attachment 3 - Report
3. PUBLIC COMMUNICATIONS
In-person oral public comments were received from Pete Bennett. Remote public comments were received from: Jan Warren; Mary Beth Bykowsky; and Barbara. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
Addendum 3 - Correspondence Received
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - none.
b.
City Manager reports - City Manager Dan Buckshi announced that the auditor of the State of California recently released its updated review on the fiscal health of all California cities using data from fiscal years 2020-2021. He noted that Walnut Creek is included in the best rating category for fiscal health. c.
City Councilmember reports on AB1234 Activities, Councilmember assignments and various activities and upcoming events Councilmembers announced upcoming events, reported on meetings and other local events attended since the last meeting; and made comments on issues of concern.
Received from Councilmember Wilk
5. PUBLIC HEARING
a.
PROPOSED URGENCY ORDINANCE EXTENDING THE PROVISIONS OF ORDINANCE NO. 2212 – MUNICIPAL CODE AMENDMENT TO MODIFY THE LAND USE, DEVELOPMENT, AND TREE PRESERVATION REGULATIONS IN ALL SINGLE-FAMILY RESIDENTIAL ZONES, AS NECESSARY TO COMPLY WITH STATE LAW-SB9 RELATING TO ADDITIONAL DWELLING UNITS AND SUBDIVISIONS Senior Planner Andrew Smith provided the staff presenation. He stated that on December 21, 2021, the City Council adopted Ordinance No. 2212, an interim urgency ordinance to modify the City’s existing regulations to the extent necessary to immediately comply with the minimum standards and requirements of new state law (SB 9) regarding the construction of additional dwellings and approval of subdivisions in all single-family residential zones, while preserving the City’s right to retain and enforce other local regulations currently set forth in the City’s Municipal Code that otherwise remain consistent with new state law. Pursuant to Section 65858 of the California Government Code, the urgency ordinance was valid for an initial period of 45 days (until February 4, 2022), and was subsequently extended by the City Council an additional 10 months and 15 days (until December 19, 2022) through the adoption of Ordinance No. 2213, along with some minor clarifications of terms. He reported that at this meeting, the City Council may extend the expiration date by an additional year after holding a noticed public hearing, but may not approve any further extensions thereafter. Unless an extension is adopted, the City’s regulations will revert to the default regulations contained in SB 9 on December 19, 2022.
Mayor Francois opened the public hearing. There being no one to speak to the item, Mayor Francois closed the public hearing.
Motion by Darling, second by Haskew,
carried unanimously
, to INTRODUCE, WAIVE READING AND ADOPT URGENCY ORDINANCE NO. 2225 pursuant to Government Code Section 65858 extending Interim Urgency Ordinance No. 2212 (including the clarifications in terms included in Ordinance No. 2213) for an additional one year (effective December 19, 2022) and continue for this period to amend Title 3, Chapter 8 (Preservation of Trees on Private Property), and Title 10 (Planning and Zoning) of the Walnut Creek Municipal Code, pertaining to regulations for the subdivision and development of qualified Senate Bill 9 properties.
YEAS:
Darling, Haskew, Wilk, Mayor Francois, Mayor Pro Tem Silva.
Agenda Report
Attachment 1 - Ord 2212
Attachment 2 - Ord 2213
Attachment 3 - Proposed Ordinance
Addendum 5a - Correspondence Received
b.
REVISIONS TO MUNICIPAL CODE TITLE 9, CHAPTER 12 - FLOOD DAMAGE PREVENTION Senior Engineer Cathleen Terentieff provided the staff presentation. She reported that in order to keep the City’s current status with the Federal Emergency Management Agency (FEMA) Community Rating System (CRS), an updated version of Municipal Code Title 9, Chapter 12 - Flood Damage Prevention must be adopted by the City.
Mayor Francois opened the public hearing. There being no one to speak to the item, Mayor Francois closed the public hearing.
Motion by Haskew, second by Wilk,
carried unanimously
, to INTRODUCE AND WAIVE READING OF THE ORDINANCE repealing Municipal Code Title 9, Chapter 12 - Flood Damage Prevention and adopting the state model Floodplain Management Ordinance with modifications as a new Municipal Code Title 9, Chapter 12 (Flood Plain Management).
YEAS:
Darling, Haskew, Wilk, Mayor Francois, Mayor Pro Tem Silva.
Agenda Report
Attachment - Proposed Ordinance
6. CONSIDERATION
a.
INTRODUCTION OF ORDINANCE AMENDING TITLE 9 OF THE WALNUT CREEK MUNICIPAL CODE FOR THE ADOPTION OF THE 2022 CALIFORNIA BUILDING STANDARDS CODE WITH AMENDMENTS Chief Building Official Frank Kong presented the agenda report. He reported that the California Building Standards Commission has adopted a new Title 24 of the California Code of Regulations, also referred to as the 2022 California Building Standards Code. The new codes were published in July 2022 and will become effective on January 1, 2023. As part of the triennial code adoption cycle, the City of Walnut Creek is adopting the new codes along with local amendments. The City may amend a code provision to be more stringent, but it cannot be less stringent than the 2022 California Building Standards Code.
Mayor Francois opened the item for public comment; hearing no comment, he closed the public comment period.
Motion by Darling, second by Mayor Francois,
carried unanimously
, to INTRODUCE AND WAIVE FURTHER READING OF THE ORDINANCE amending Title 9 of the Walnut Creek Municipal Code to adopt the 2022 edition of the California Building Standards Code with amendments; and SET A PUBLIC HEARING for November 15, 2022.
YEAS:
Darling, Haskew, Wilk, Mayor Francois, Mayor Pro Tem Silva.
Agenda Report
Attachment 1 - Proposed Ordinance
Attachment 2 - Exhibit A
Attachment 3 - Exhibit B
Attachment 4 - Exhibit C
Attachment 5 - Exhibit D
Attachment 6 - CalGreen EV Charging Standards
7. ADJOURNMENT OF THE CITY COUNCIL REGULAR MEETING at 8:01 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