City Council Regular Meeting
Tuesday, October 3, 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 October 17, 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) - none. a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance.
c.
PRESENTATION: Arts Around August Program Recap
d.
PRESENTATION: Bay Area Housing Finance Authority
2. PUBLIC COMMUNICATIONS
In-person public comments were received from: Mark Orcutt, East Bay Leadership Council; Pete Bennett; Molly Clopp, Trinity Center; Carlos De Rubira; Jeff Elfont; Bob Linscheid, Walnut Creek Chamber of Commerce; and Melissa Strongman. Remote public comments were received from: Jane Emanuel; Donna Labriola, Walnut Creek Downtown; Trey Blinka; and Donna Colombo.
3. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS The Mayor announced that the "Councilmember and Staff Announcements, Reports on Activities or Requests" would be covered out of sequence. 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. a.
Closed Session announcements - none.
City Attorney Steve Mattas recognized Assistant City Attorney Brian Hickey for his 12 years of dedicated service to the City. Assistant City Attorney Hickey will assume the role of City Attorney for the City of San Pablo. b.
City Manager reports
City Manager Dan Buckshi reported remote public comments for City Council and Commission meetings will be discontinued. He also discussed the robbery attempt of Louis Vuitton located in Broadway Plaza.
4. PUBLIC HEARING
a.
MUNICIPAL CODE AMENDMENT TO MODIFY THE LAND USE, DEVELOPMENT AND TREE PRESERVATION REGULATIONS IN ALL SINGLE-FAMILY RESIDENTIAL ZONES, AS NECESSARY TO COMPLY WITH CALIFORNIA SENATE BILL 9 (SB 9) RELATING TO ADDITIONAL DWELLING UNITS AND SUBDIVISIONS Community Development Director Erika Vandenbrande and Assistant Community Development Director Sung Kwon introduced the item. Planning Consultant Heather Coleman provided the presentation. She reported that the proposed Zoning Ordinance Amendment would establish standards for projects allowed under California Senate Bill 9 (SB 9) and replace the City’s interim regulations. The City Council adopted an urgency SB 9 ordinance in 2021 and extended it twice in 2022. The urgency ordinance will expire on December 19, 2023 and cannot be extended again. In order to maintain local standards for SB 9 projects, within limits established by state law, the City must adopt permanent regulations.
Mayor Silva opened the public hearing. Remote public comments were received from 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 two erratas sheets with changes to the proposed Ordinance were provided in advance and posted online as part of the meeting record.
The meeting was recessed from 9:02 p.m. to 9:11 p.m.
City Attorney Mattas reviewed the
errata
sheets and consensus was received by the City Council to proceed with the following changes:
Errata No. 1 - Clarifying changes to (1) Sec. 10-1.1405. Urban Lot Split Requirements, B. Sudivivision Requirements, 4. Vehicular Access; and (2) Sec. 10-2.3.1505 Property Development Regulations, L. Distance Between Buildings.
Errata No. 2 - (1) Replace the term "Planning Manager" or "Transportation Planning Manager" with the term "Community Development Director or their designee" throughout the ordinance and (2) change to Sec. 10-2.3.1505 Property Development Regulations and further revised as follows: G. Density. 1. Lots Created by an Urban Lot Split. A maximum of two dwellings (consisting of any combination of pre-SB 9 primary dwellings and SB 9 dwelling units permitted by this Article are permitted per lot. One (1) accessory dwelling unit as defined by Part III, Article 5. Accessory Dwelling Units), is permitted on one of the resulting parcels.
City Attorney Mattas reviewed with the City Council the proposed revisions to regulations contained in the interim ordinance:
•
Floor Area
: Increase allowable floor area from 800 square feet to a sliding scale based on lot area, for units that are not in compliance with the setbacks or lot coverage outlined for the underlying zoning ordinance and allow new units that would be in compliance with the requirements of the zoning district. • Building Height
: Increase allowable height of SB 9 units from 16 feet to the height limit of the zoning district as long as standard setbacks and lot coverage requirements of the zoning district are met. The baseline height of 16 feet remains if the standard setbacks and lot coverage requirements are not met. • Parking
: Continue to require one parking space per SB 9 unit (the maximum that the City can require under state law) but allow the space to be uncovered. • Design Standards
: All SB 9 dwelling units to comply with the City of Walnut Creek's objective design standards maintained by the Community Development Department. In addition, an SB 9 dwelling unit must match the building form, exterior siding and trim, roof form and materials, and window placement/type of the pre-SB 9 primary dwelling on the lot that contains SB 9 dwelling unit.
•
Urban Lot Splits
: Instead of requiring that flag lots have a minimum panhandle width of 24 feet, default to the requirements of the Contra Costa Fire Protection District. Also allow access to be via easement. • Exceptions Due to Physical Preclusion
: Establish a priority order in which standards shall be waived, as needed, to accommodate up to two 800-square-foot units per lot. • Development Impact Fees
: Continue to require the payment of development impact fees (including park land dedication and traffic impact fees) for SB 9 units, but exempt smaller SB 9 units from paying the inclusionary housing in-lieu fee.
Motion by Mayor Silva, second by Francois,
carried unanimously
, to WAIVE READING AND INTRODUCE AN ORDINANCE amending portions of Title 3, Chapter 8 (Preservation of Trees on Private Property) and Title 10 (Planning and Zoning) of the Walnut Creek Municipal Code, pertaining to the regulation of second dwellings and urban lot splits in single-family residential zoning districts, as modified by the two Errata sheets presented at the meeting, and with futher modifications made at the meeting for Sec. 10-2.3.1505 G(1)(Property Development Rights - G.Density, 1. Lots Created by an Urban Lot Split) which effectuates the maximum number of units including an ADU on a lot split is five and also the modification to include the Architectual Compatibility language to the Objective Design Standards section (Adding an additional sentence as follows: In addition, an SB 9 dwelling unit must match the building form, exterior siding and trim, roof form and materials, and window placement/type of the pre-SB 9 primary dwelling on the lot that contains the SB 9 dwelling unit -- as read into the record previously).
YEAS:
Darling, Francois, Wilk, Mayor Pro Tem Haskew, Mayor Silva.
Agenda Report
Attachment 1 - Draft Ordinance
Attachment 2 - Revisions to Interim Ordinance
Attachment 3 - Other Jurisdictions Regulations
Attachment 4 - SB9 Housing Survey
Attachments 5 and 6 - Planning Commission Agenda Reports 7/27 and 8/24 Attachment 7 - PC Resolution 3935
Addendum - Public Comment and Updates from Staff
Addendum - Updates to Ordinance No. 1
Addendum - Updates to Ordinance No. 2
5. CONSENT CALENDAR
No public comments were received. Councilmember Francois noted for the record that he would be abstaining from voting on the approval of the minutes of Septebmer 19, 2023 as he was not in attendance at that meeting. City Attorney Mattas noted for the record that a revised Attachment No. 2 (6th Amendment to Lease), to Consent Calendar Item No. 2e was provided in advance and posted online as part of the meeting record.
Motion by Mayor Pro Tem Haskew, second by Wilk,
carried unanimously
, to APPROVE THE CONSENT CALENDAR as follows:
YEAS: Darling, Francois*, Wilk, Mayor Pro Tem Haskew, Mayor Silva. *Councilmember Francois noted for the record that he would be abstaining from voting on the approval of the minutes from Septebmer 19, 2023 as he was not in attendance at that meeting. a.
APPROVED CITY COUNCIL MINUTES of September 19, 2023.
Councilmember Francois noted for the record that he would be abstaining from voting on the approval of the minutes from Septebmer 19, 2023 as he was not in attendance at that meeting.
Minutes
b.
ACCEPTED WARRANT REGISTERS dated September 15 and September 22, 2023; and DIRECT PAYROLL TRANSFERS dated September 22, 2023.
Warrants
c.
APPROVED Calendar Year 2024 City Council meeting schedule.
Agenda Report
Attachment - City Council Meeting Matrix 2024
d.
AUTHORIZED THE CITY MANAGER to approve a Consultant Services Agreement with Salas O'Brien, to complete the CEQA process and design work for the Tice Park Ballfield Lighting Project, in an amount of $115,415, with a 15% contingency in an amount of $17,585, for a total amount of $133,000.
Agenda Report
Attachment 1 - Project Location
Attachment 2 - Proposal
e.
AUTHORIZED THE CITY MANAGER to execute an amendment of the Lease Agreement for the City-owned premises at 1360 Locust Street from Bierhaus to Melo's Italian Table, which provides two months and ten days of rent forgiveness in connection with a necessary roof repair.
City Attorney Mattas noted for the record that a revised Attachment No. 2 (6th Amendment to Lease), to Consent Calendar Item No. 2e was provided in advance and posted online as part of the meeting record.
Agenda Report
Attachment 1 - 6th Amendment
Attachment 2 - Lease and Amendments 1-5
Addendum - Update to Attachment 1 - 6th Amendment
f.
ACCEPTED the June 2023 Investment and IRS Section 115 Pension Trust Report.
Agenda Report
Attachment 1 - Investment Detail
Attachment 2 - Supplementary Info
Attachment 3 - Secction 115 Pension Trust Statement
Attachment 4 - Section 115 Pension Trust Economic Overview
6. ADJOURNMENT OF THE REGULAR CITY COUNCIL MEETING at 9:39 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