City Council Special Meeting: Closed Session - 5:00 PM & Regular Meeting - 6:00 PM Tuesday, December 6, 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 January 17, 2023.
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 5:00 PM Council Chamber, 1st Floor and via Teleconference
Mayor Francois made a couple of annoucements. He reported that a public hearing had originally been scheduled for this meeting but that the public hearing will not be occuring. The public hearing was for a 172-unit Residential Development located at 1902 Mt Diablo Boulevard. It was a Pre-Application Review for a General Plan Amendment, West Downtown Specific Plan Amendment and a Rezone, Application No. Y22-100. The public hearing will be renoticed and agendized at a later date. Additionally, he reported that he had planned to attend the meeting via teleconferfence, but was able to make the meeting in-person.
1. OPENING AND PUBLIC COMMUNICATIONS
All Councilmembers were in attendance. Mayor Francois reported that under California law, public comments at special meetings are limited to subjects on the agenda only. No public comments were received.
2. CLOSED SESSION
The City Council reconvened in closed session in the 3rd Floor Conference Room pursuant to:
a.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
Name of case: Tuning v. City of Walnut Creek et. al., United States District Court, Northern District of California, Case No. 3:21-cv-05154-SI
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:35 p.m. ______________________________________________________________________________________________________________________________________ CITY COUNCIL REGULAR MEETING AT 6:00 PM
Council Chamber, 1st Floor and via Teleconference
1. OPENING
a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance.
2. CONSENT CALENDAR
Mayor Francois pulled Consent Calendar Item 2e to provide comments.
Motion by Mayor Pro Tem Silva, second by Haskew,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-2d and 2f - 2h as follows:
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois. a.
APPROVED CITY COUNCIL MINUTES of November 15, 2022.
NOV 15 2022 Meeting Minutes
b.
ACCEPTED WARRANT REGISTERS dated November 10, 2022, November 18, 2022 and November 23, 2022; and DIRECT PAYROLL TRANSFERS dated November 18, 2022.
Warrant Registers
c.
ADOPTED RESOLUTION NO. 22-53 approving the Salary and Wage Plan dated and effective as of December 25, 2022.
Agenda Report
ATTACHMENT - DRAFT RESOLUTION
EXHIBIT A - SALARY AND WAGE PLAN DATED AND EFFECTIVE AS OF DECEMBER 25, 2022 d.
ADOPTED RESOLUTION NO. 22-54 accepting the report of development impact fees and expenditures for the Fiscal Year ending June 30, 2022, and ACCEPTED the findings regarding unexpended fees.
Agenda Report
ATTACHMENT 1 - RESOLUTION
ATTACHMENT 2 - FUND SUMMARY
ATTACHMENT 3 - ACTIVE PROJECTS
ATTACHMENT 4 - 2022-2031 CIP
f.
ACCEPTED Contract 22-02, the 2022 Slurry Seal project as complete.
Agenda Report
ATTACHMENT - STREET LIST
g.
AUTHORIZED PAYMENT to Reactic Restoration for restoration services provided in connection with water damage at the Gardens at Heather Farm offices and event center, in the amount of $90,017.47 to be paid from the General Fund - Risk Management Division.
Agenda Report
ATTACHMENT - INVOICE
h.
AMENDED POLICY NO. 102, COMMISSION RULES AND PROCEDURES, to update the start time of the Design Review and Planning Commission regular meetings to 6:00 p.m. versus the current 7:00 p.m., effective January 2023.
Agenda Report
ATTACHMENT - POLICY 102
e.
AUTHORIZATION OF THE CITY MANAGER to execute the proposed Memorandum of Understanding with the Walnut Creek Soccer Club for contribution of funding to the construction of a new sports field amenities.
Mayor Francois pulled Consent Calendar Item 2e to provide comments.
Remote public comments were received from Larisa Raymundo.
Motion by Mayor Francois, second by Wilk,
carried unanimously
, to AUTHORIZE THE CITY MANAGER to execute the proposed Memorandum of Understanding with the Walnut Creek Soccer Club for contribution of funding to the construction of a new sports field amenities.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT - WALNUT CREEK SOCCER CLUB MOU
3. PUBLIC COMMUNICATIONS
In-person oral public comments were received from: Jan Warren; Kathy Hemmenway, Walnut Creek Downtown; and Christian Gutierrez. Remote public comments were received from Myeasha J. Written public comments were also received and provided to the City Council, and posted online as part of the meeting record.
Addendum - General Public Comment - BEFORE Meeting
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - none.
b.
City Manager reports - City Manager Dan Buckshi reported that he recently met with the new Contra Costa Water District General Manager Rachel Murphy, former Walnut Creek City Engineer. c.
City Councilmember reports on AB1234 Activities, Councilmember assignments and various activities and upcoming events Councilmembers announced upcoming events, reported on meetings and other local events attended since the last meeting; and made comments on issues of concern.
5. PUBLIC HEARING
a.
DOWNTOWN OUTDOOR DINING POLICY – DESIGN STANDARDS; FEE STRUCTURE; ORDINANCE FOR MUNICIPAL CODE AMENDMENTS: WAIVE FIRST READING AND INTRODUCE ORDINANCE ADDING CHAPTER 13 TO TITLE 6, AND AMENDING TITLES 4, AND 10 OF THE WALNUT CREEK MUNICIPAL CODE IMPLEMENTING THE CITY’S OUTDOOR DINING POLICY, CREATING A DOWNTOWN OVERLAY ZONE, AND FINDING THAT SUCH ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA; APPROVE RESOLUTION ADOPTING OUTDOOR DINING PROGRAM FEE STRUCTURE Assistant City Manager Teri Killgore introduced the item. She reported that updated and revised materials were provided to the City Council for consideration. Economic Development Manager Collette Hanna provided the staff presentation. Economic Development Manager Hanna reported that on June 21, 2022, the City Council adopted the Outdoor Dining Policy to allow for a comprehensive outdoor dining program and made some elements of outdoor dining, which were previously temporary, into permanent amenities. The policy is designed to serve as the comprehensive guiding document to support and manage outdoor dining, starting with the Downtown area. For implementation, certain aspects need to be finalized to allow restaurants to use the program per guidelines outlined in the policy. These include design standards for outdoor dining spaces and finalizing a fee structure.
Additionally, certain amendments must be made to the Municipal Code including the Zoning Ordinance (Title 10). On November 29, 2022 the Planning Commission approved a Resolution to City Council to adopt amendments to the Zoning ordinance that will 1) create a new Overlay Zone to regulate outdoor dining in the portion of the downtown area; 2) amend the Walnut Creek Zoning Ordinance to change the parking regulations for the P-R, Pedestrian Retail District, as they pertain to the payment of fees in lieu of providing off-street parking spaces; and 3) adopt other conforming amendments to the Walnut Creek Municipal Code to implement the City's Outdoor Dining Policy. Economic Development Manager Hanna stated that the City Council is asked to consider adoption of the ordinance.
The City Council asked questions regarding the Mix and Match Design Guidelines.
The City Council asked questions regarding the fee structure.
Lastly, the City Council asked questions regarding the proposed Ordinance, overlay zone and muncipal code amendments.
Mayor Francois opened the public hearing. In-person oral public comments were received from: Janay McCullough, Tellus Coffee; and Josh Santomieri.
Motion by Wilk, second by Haskew, to APPROVE THE RECOMMENDATIONS FROM STAFF on the Mix & Match Design Guidelines, as the design standards for outdoor dining Permitted Outdoor Dining Structures (PODS). Mayor Pro Tem Silva provided a revised motion which was agreed upon.
Motion by Wilk, second by Haskew,
carried unanimously
, to APPROVE THE RECOMMENDATIONS FROM STAFF on the Mix & Match Design Guidelines, as the design standards for outdoor dining Permitted Outdoor Dining Structures (PODS), ensuring that the structural standards are also clearly documented.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Motion by Mayor Francois, second by Mayor Pro Tem Silva, to ADOPT THE FEE SCHEDULE with the amendment to the city-owned patios, setting that rate at $12 a square foot. Mayor Pro Tem Silva amended the motion to incorporate clean up to the table presented. The motion died.
Motion by Mayor Francois, second by Mayor Pro Tem Silva, carried unanimously
, to DIRECT STAFF to return with a final fee structure resolution for implementation of the Outdoor Dining Policy in January 2023, reflecting the $12 per square foot for private patios, correcting the language in relation to private parking lots and some additional minor clarifications.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Motion by Wilk, second by Haskew,
carried unanimously
, to WAIVE READING AND INTRODUCE THE ORDINANCE adding Chapter 13 to Title 6, and amending Titles 4 and 10 fo the Walnut Creek Municipal Code to implement an Outdoor Dining Policy, as provided in its revised format at the meeting.
YEAS:
Darling, Haskew, Wilk, Mayor Pro Tem Silva, Mayor Francois.
Agenda Report
ATTACHMENT 1 - SUMMARY OF OUTDOOR DINING COUNCIL DIRECTION ATTACHMENT 2 - MIX & MATCH DESIGN GUIDELINES
ATTACHMENT 3 - PARKING IN-LIEU PROGRAM FEE TABLE
ATTACHMENT 4 - DRAFT OUTDOOR DINING ORDINANCE
ATTACHMENT 5 - DRAFT RESOLUTION
ATTACHMENT 6 - OUTDOOR DINING POLICY
ATTACHMENT 7 - OVERLAY ZONE MAP
Addendum - Updated and Revised Materials
The meeting was recessed briefly.
6. CONSIDERATION
a.
MEASURE O UPDATE AND NEXT STEPS
City Manager Buckshi provided the staff presentation. He reported that Walnut Creek voters approved Measure O, a ten-year, half-cent sales tax measure, on November 8, 2022 to fund current and future quality of life needs. He provided key updates and next steps on the implementation of Measure O.
In-person oral public comments were received from Andrea Kelly Smethurst, Walnut Creek Aquatic Foundation.
The Citiy Council provided feedback, including:
• to proceed with the proposed timeline to form and recruit for the Measure O Oversight Committee and provided feedback on the qualifications and terms of members (including, one person with a financial or accounting background; stagger terms; limit to two terms; and avoid conflict of interest). The Council also disccussed limiting the number of business representatives who are not residents and limiting existing commissioners from sitting on the committee (these two items are for consideration upon review of potential candidates). • to begin the request for proposal process for a Your Parks, Your Future infrastructure improvements project manager. • to proceed with the proposed project timelines for installation of sports field lighting at Tice Field and installation of synthetic turf fields at Heather Farm Park.
No formal action was taken.
Agenda Report
ATTACHMENT 1 - APPROVED ORDINANCE
ATTACHMENT 2 - MEASURE O PROJECT SCHEDULE
7. ADJOURNMENT OF THE CITY COUNCIL REGULAR MEETING at 9:37 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