City Council Regular Meeting - 6:00 PM
Tuesday, August 1, 2023
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
DARLING
FRANCOIS
WILK
mAYOR pRO tEM HASKEW
mayor SILVA
Meeting minutes were approved by the City Council on September 5, 2023.
CITY COUNCIL REGULAR MEETING AT 6:00 PM
Council Chamber, 1st Floor
1. OPENING
Consider and take action on any request from a Councilmember to participate in a meeting remotely due to emergency circumstances pursuant to Government Code Section 54953(f)(1). Receive notice that a Councilmember is participating in the meeting due to just cause circumstances pursuant to Government Code Section 54953(f)(1). a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance.
c.
PROCLAMATION: Parkinson’s Awareness Month
d.
PRESENTATION: Kita City
e.
PRESENTATION: Youth Leadership Commission
2. CONSENT CALENDAR
Councilmember Wilk pulled Item 2c from the Consent Calendar to provide comments.
Motion by Mayor Pro Tem Haskew, second by Wilk,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a, 2b and 2d-f as follows:
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva. a.
APPROVED CITY COUNCIL MINUTES of July 18, 2023, as presented as revised (red-lined changes to Opening).
JUL 18 2023 DRAFT Meeting Minutes
Addendum - Update to Minutes
b.
ACCEPTED WARRANT REGISTERS dated July 14, 2023 and July 21, 2023; and DIRECT PAYROLL TRANSFERS dated July 14, 2023.
Warrant Registers
d.
AUTHORIZED THE CITY MANAGER to enter into a Master Consultant Services Agreement with Noll and Tam Architects for the Aquatic and Community Center Project at Heather Farm Park, in an amount not to exceed $6,000,000, including Task Order No. 1 for preconstruction architectural and engineering services in an amount not to exceed $4,300,000, as amended to include any amendments to the Agreement as approved as to form by the City Attorney.
Agenda Report
ATTACHMENT 1 - MSA WITH NOLL AND TAM ARCHITECTS
ATTACHMENT 2 - TASK ORDER 1 FOR DESIGN SERVICES
ATTACHMENT 3 - DRAFT ATTACHMENT A FOR TASK ORDER 1
Addendum - Updated Subject and Motion
e.
AUTHORIZED BY FOUR-FIFTHS VOTE of the continuation of the emergency procurement actions undertaken pursuant to Public Contract Code Section 22050 for the storm drain repair work at 525 Lakewood Circle and Roadway Repairs at Ygnacio Valley Road (East of Oak Grove Rd).
Agenda Report
ATTACHMENT - RESOLUTION NO. 23-09
f.
APPOINTED Mayor Cindy Silva as the Voting Delegate; and Mayor Pro Tem Loella Haskew as the Alternate Voting Delegate to the League of California Cities Annual Conference to be held September 20-22, 2023.
Agenda Report
ATTACHMENT - LEAGUE OF CA CITIES ANNUAL CONFERENCE INFO c.
ADOPTION OF A RESOLUTION adopting the City of Walnut Creek Local Roadway Safety Plan: A Path to Vision Zero, establishing the City’s goal of zero fatal and serious injuries by the year 2034, and establishing the Traffic Safety Working Group.
Councilmember Wilk pulled Item 2c from the Consent Calendar to provide comments. Remote public comments were received for Consent Calendar Item 2c from Carol Curtis and Steve Curtis. Written public comments were also received, provided to the City Council and posted online as part of the meeting record.
Motion by Wilk, second by Mayor Pro Tem Haskew,
carried unanimously
, to ADOPT RESOLUTION NO. 23-51 adopting the City of Walnut Creek Local Roadway Safety Plan: A Path to Vision Zero, establishing the City's goal of zero fatal and serious injuries by the year 2034, and establishing the Traffic Safety Working Group, as presented as revised (red-lined changes to the 8th "whereas" clause).
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
ATTACHMENT 1 - LOCAL ROADWAY SAFETY PLAN A PATH TO VISION ZERO ATTACHMENT 2 - DRAFT RESOLUTION ADOPTING THE LOCAL ROADWAY SAFETY PLAN A PATH TO VISION ZERO Addendum - Revised Resolution and Public Comment Received
3. PUBLIC COMMUNICATIONS
In-person public comments were received from: Peggy White, Diablo Regional Arts Association; Jill Dresser; Donna Colombo; Mike Brandy and Julie Braun Martin, Mt. Diablo Interpretive Association; Bob Linscheid, Walnut Creek Chamber of Commerce; Zachary Gordin; Molly Clopp; Jessica Owens; Jane Emanuel; Pete Bennett; Ahmad Rahimi. Remote public comments were received from: Kathy Hemmenway and Diane Young. Written public comments were also received, provided to the City Council and posted online as part of the meeting record. The public comment period was continued to the end of the regular meeting.
Addendum - General Public Comment Received
General Public Comment Handout - 1
General Public Comment Handout - 2
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - none.
b.
City Manager reports - none.
c.
City Councilmember reports on AB1234 Activities, Councilmember assignments and various activities and upcoming events Councilmembers announced upcoming events, reported on meetings and other local events attended since the last meeting, and made comments on issues of concern.
5. PUBLIC HEARING
a.
PRELIMINARY REVIEW OF PROPOSED GENERAL PLAN AMENDMENT AND REZONE TO ALLOW FOR A HIGHER DENSITY MIXED-USE DEVELOPMENT WITH A RESIDENTIAL EMPHASIS AT THE WALNUT CREEK HONDA SITE (APPLICATION NO. Y23-044) Associate Planner Jessica Gonzalez provided the staff presentation. She reported that the applicant, Gordon Walton with Walnut Creek Honda, is proposing to change the land use designation of four parcels. A future project could include a five-story, mixed-use development with residential as the primary use. The 2.77-acre site is currently developed with the existing Honda Dealership business and associated buildings, all of which would be demolished. In addition, the dealership owners propose relocating the dealership sales and service components within the Walnut Creek city limits. The General Plan land use designation for the entire site is Mixed Use Commercial (MU-C). Associate Planner Gonzalez stated that the applicant is requesting a General Plan Amendment, to change the existing land use designations to Mixed Use-Residential Emphasis (MU-R), to increase the maximum permitted residential density and allow residential as the primary use. This application is for a preliminary review of the proposed General Plan Amendment. Associate Planner Gonzalez reported that pursuant to Section 10-9.105 of the Walnut Creek Municipal Code, the City Council may either 1) deny the proposed amendment, or 2) direct staff to continue to process the proposed amendment through a formal application. The proposed project will also require rezoning, design review, and tree removal permit(s).
Gordon Walton, Walnut Creek Honda, discussed the proposal further.
In-person oral public comments were received from: Jan Warren and Leslie Gleason, Trinity Center. Remote public comments were received from Margaret Yray. Written public comments were also received, provided to the City Council and posted online as part of the meeting record.
The City Council provided preliminary comments on the proposed concept.
Councilmember Francois noted reservations with the proposal for the record, including the height, FAR, density and community benefits.
Motion by Francois, second by Mayor Silva,
carried
, to DIRECT STAFF to process the requested amendment of the General Plan.
YEAS:
Darling, Francois, Mayor Pro Tem Haskew, Mayor Silva.
NOES:
Wilk.
The next step will be for the applicant to file a formal Planning Application so that staff may begin its in-depth analysis. The application and review would include CEQA evaluation and documentation, the General Plan amendment, a rezone, design review, and tree removal permit(s). Staff would conduct more in-depth analysis prior to appearing before the Design Review Commission and Planning Commission for recommendations to the City Council. As discussed in the agenda report, staff would also anticipate negotiating a Development Agreement between the City and the applicant.
Agenda Report
ATTACHMENT 1 - AERIAL AND VICINITY MAP
ATTACHMENT 2 - APPLICANT S CONCEPT NARRATIVE
ATTACHMENT 3 - CONCEPT CLARIFICATION LETTER
ATTACHMENT 4 - MASSING PLANS
ATTACHMENT 5 - EXCERPTS FROM THE SPECIFIC PLAN (NDSP)
ATTACHMENT 6 - EXITING ZONING STANDARDS (MU-C)
ATTACHMENT 7 - PROPOSED ZONING STANDARDS (MU-R)
ATTACHMENT 8 - HONDA LETTER OF INTENT
Addendum - Public Comment Received
The meeting was recessed from 8:36 p.m. to 8:47 p.m.
After the break, the City Council returned to the Public Hearing item (Agenda Item 5a) to clarify the motion. City Attorney Mattas clarified the motion and the City Council concurred. The motion includes the activation of the ground floor as part of the negotiated Development Agreement.
6. CONSIDERATION
a.
SECOND ADDENDUM TO THE ADOPTED 6TH CYCLE HOUSING ELEMENT Senior Planner Andy Smith provided the staff presentation. He reported that the City has prepared a draft second addendum to its Housing Element of the General Plan for the 2023-2031 (6th Cycle) planning period ("2023-2031 Housing Element," or "HEU") adopted by the City Council on January 24, 2023, via Resolution No. 23-07, along with findings and determinations regarding CEQA and the HEU’s substantial compliance with state housing element law. He stated that the City Council also provided modification authority through Resolution Nos. 23-07 and 23-24 to respond to feedback obtained from the California Department of Housing and Community Development ("HCD"). The City Council approved a First Addendum on March 21, 2023 in response to a March 27, 2023 letter to the City from HCD providing additional comments and findings necessary to achieve certification. Pursuant to the modification authority provided by Council, clarification obtained from HCD, the City has prepared additional edits to address HCD comments in the form of a Second Addendum which is now being presented to the City Council for approval. The First and Second Addenda are combined and presented together as a Consolidated Addendum attached to this agenda. Senior Planner Smith reported that this addendum document and the accompanying Affirmatively Further Fair Housing (AFFH) table include the following edits within the modification authority previously provided by the City Council: (1) enhanced descriptions and analysis of base conditions in the city; (2) clarifying information to address questions about specific sites in the Site Inventory; and (3) enhanced programs to affirmatively further fair housing (AFFH) and mobility consistent with and pursuant to policies contained in the adopted Housing Element.
Senior Planner Smith reported an errata sheet has been provided which addresses program timelines and the sites inventory.
In-person oral public comments were received from Jan Warren. Remote public comments were received from Chance Boreczky, East Bay for Everyone and Kevin Burke. Written public comments were also received, provided to the City Council and posted online as part of the meeting record.
City Attorney Mattas noted a minor edit to the proposed Resolution to Recital No. 5. Recital No. 5 is to include a reference to the additional meetings held between April and July 2023.
Motion by Francois, second by Wilk,
carried unanimously
, to ADOPT RESOLUTION NO. 23-52 confirming and approving the Second Addendum to the 2023-2031 Housing Element, with the errata and revisions to Recital No. 5 of the Resolution as noted by the City Attorney.
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
ATTACHMENT 1 - DRAFT RESOLUTION
ATTACHMENT 2 - CONSOLIDATED ADDENDUM - TWO ATTACHMENTS
ATTACHMENT 3 - ADOPTED HEU - AVAILABLE ONLINE
ATTACHMENT 4 - HCD COMMENT LETTER (MARCH 27 2023)
ATTACHMENT 5 - SUMMARY OF CHANGES IN SECOND ADDENDUM
Addendum - Errata Sheet and Public Comment Received
The public comment period was re-opened. No additional public comments were received.
7. ADJOURNMENT OF THE REGULAR CITY COUNCIL MEETING at 9:58 p.m. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Cindy Silva
2022-23 Mayor of the City of Walnut Creek