City Council Special Meeting- Closed Session 4pm/ Regular Meeting at 6 pm Tuesday, June 4, 2024
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
FRANCOIS
SILVA
wILK
mAYOR pRO tEM Darling
mayor Haskew
Meeting minutes were approved by the City Council on June 18, 2024.
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 4:00 PM Council Chamber, 1st Floor and via Zoom
1. OPENING AND PUBLIC COMMUNICATION
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) - All Councilmembers were in attendance. Councilmember Francois participated in the meeting virtually due to a Just Cause circumstance pursuant to Government Code Section 54943(f)(1). Councilmember Francois reported he was feeling ill.
Mayor Haskew reported that under California law, public comments at special meetings are limited to subjects on the agenda only; no public comments were received for the Closed Session matter.
2. CLOSED SESSION
After an opportunity for public comment, the City Council reconvened in Closed Session in the 2nd Floor Conference Room pursuant to:
a.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code section 54957)
Title: City Manager
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:50 p.m. _____________________________________________________________________________________________________________________ CITY COUNCIL REGULAR MEETING AT 6:00 PM
Council Chamber, 1st Floor and via Zoom
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) -Councilmember Francois participated in the meeting virtually due to a Just Cause circumstance pursuant to Government Code Section 54943(f)(1). Councilmember Francois reported he was feeling ill. a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance. Councilmember Francois participated in the meeting virtually due to a Just Cause circumstance pursuant to Government Code Section 54943(f)(1). c.
PRESENTATION: Central Contra Costa Sanitary District
d.
PROCLAMATION: Gun Violence Awareness Day
2. CONSENT CALENDAR
Barbara Ginos provided comments for Consent Calendar Item 2i. Councilmember Silva pulled Consent Calendar Items 2b and 2i to ask questions of staff. Councilmember Wilk pulled Consent Calendar Item 2e to provide comments. A revised set of minutes (Consent Calendar Item 2a) were provided to the City Council and posted online as part of the meeting record. Written public comments relating to Consent Calendar Item 2i were received, provided to the City Council and posted online as part of the meeting record.
Motion by Mayor Pro Tem Darling, second by Silva,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a, 2c, 2d, 2f-h and 2j as follows:
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew. a.
APPROVED CITY COUNCIL MINUTES of May 21, 2024, as provided in their revised format.
A revised set of minutes were provided to the City Council and posted online as part of the meeting record.
Minutes
Addendum
c.
ADOPTED ORDINANCE NO. 2239 amending Title 10 (Planning and Zoning) and various other provisions of the Walnut Creek Municipal Code pertaining to Objective Development Standards for Residential and Mixed-Use Development Projects, updates to the Design Review Process and duties of the Community Development Director, and internal consistency edits. (Introduced 5/21/24).
Ordinance
d.
ADOPTED RESOLUTION NO. 24-30 making revisions to the Residential and Residential Mixed-Use Review Standards and Guidelines relating to the foregoing SB9 window design standards and guidelines.
Agenda Report
Attachment 1 Proposed Resolution
Exhibit A to Attachment 1 Revisions
Attachment 2 DRSGs Adopted May 21, 2024
f.
ADOPTED RESOLUTION NO. 24-31 requesting and consenting to consolidation of elections and setting the specifications of the election order for November 5, 2024.
Agenda Report
Attachment Proposed Resolution
g.
ADOPTED RESOLUTION NO. 24-32 regarding review of the City's Conflict of Interest Code for 2024.
Agenda Report
Attachment Proposed Resolution
h.
AUTHORIZED THE CITY MANAGER to enter into Master Consultant Services Agreements with seven (7) consulting firms (Avila Project Management, dk Engineering, Harrison Engineering Inc. Independent Code Consultants Inc., F.J. Kennedy & Associates, Inc., Kimley-Horn and Associates, Inc. and SAGE Consulting Engineers) to provide various plan check consulting services for a not to exceed amount of $600,000 each for a period of no more than five (5) years starting from the contract execution date.
Agenda Report
Attachment Master Consultant Services Agreement
j.
ACCEPTED THE MARCH 2024 Investment and IRS Section 115 Pension Trust Report.
Agenda Report
Attachment 1 Investment Detail
Attachment 2 Supplementary Info by Investment Type
Attachment 3 WC Section 115 Pension Trust Statement
Attachment 4 WC Section 115 Pension Trust Economic Overview b.
ACCEPTANCE OF WARRANT REGISTERS dated May 3, 2024 (2) and May 10, 2024 (2); and DIRECT PAYROLL TRANSFERS dated May 3, 2024 (2).
Councilmember Silva pulled Consent Calendar 2b to ask a clarifying question of staff.
Motion by Silva, second by Mayor Pro Tem Darling,
carried unanimously
, to ACCEPT WARRANT REGISTERS dated May 3, 2024 (2) and May 10, 2024 (2); and DIRECT PAYROLL TRANSFERS dated May 3, 2024 (2).
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Warrant Registers
i.
AUTHORIZATION OF THE CITY MANAGER to enter into six (6) Master Consultant Services Agreements with six (6) consulting firms (Baseline Environmental Consulting, First Carbon Solutions, LSA, NCE, Nomad Ecology, and Sertior) to provide various environmental consulting services for a not to exceed amount of $500,000 each for a period of no more than five (5) years starting from the contract execution date.
Councilmember Silva pulled Consent Calendar Item 2i to ask questions of staff. Written public comments relating to Consent Calendar Item 2i were received, provided to the City Council and posted online as part of the meeting record.
Motion by Silva, second by Mayor Pro Tem Darling,
carried unanimously
, to AUTHORIZE THE CITY MANAGER to enter into six (6) Master Consultant Services Agreements with six (6) consulting firms (Baseline Environmental Consulting, First Carbon Solutions, LSA, NCE, Nomad Ecology, and Sertior) to provide various environmental consulting services for a not to exceed amount of $500,000 each for a period of no more than five (5) years starting from the contract execution date.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment Master Consultant Services Agreement
Addendum
e.
ADOPTED RESOLUTION NO. 24-33 declaring the month of June 2024 LGBTQ+ Pride Month and directing staff to fly the Rainbow Pride Flag throughout the month of June 2024 at Walnut Creek City Hall.
Councilmember Wilk pulled Consent Calendar Item 2e to provide comments.
Motion by Wilk, second by Silva,
carried unanimously
, to ADOPT RESOLUTION NO. 24-33 declaring the month of June 2024 LGBTQ+ Pride Month and directing staff to fly the Rainbow Pride Flag throughout the month of June 2024 at Walnut Creek City Hall.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment Proposed Resolution
3. PUBLIC COMMUNICATIONS
Public comments were received from: Jerry and Barbara Ginos.
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - City Attorney Steve Mattas reported that the City Council conducted the performance evaluation for City Manager Dan Buckshi. He noted the Mayor would report out on the item. b.
City Manager reports - City Manager Dan Buckshi reported that fire season is upon us and encouraged everyone to sign-up for emergency alerts and to stay informed. 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. Mayor Haskew reported that the City Council is very pleased with the performance of City Manager Buckshi.
5. CONSIDERATION
a.
APPROVAL OF ASSESSMENT REPORT AND ANNUAL LEVY OF ASSESSMENTS FOR THE WALNUT CREEK TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) FOR FISCAL YEAR 2024-2025 AND SETTING A PUBLIC HEARING Economic Development Manager Angela Tsui provided the staff presentation. She reported that the City of Walnut Creek established the Walnut Creek Tourism Business Improvement District (TBID) in December 2010. The purpose of the TBID is to promote tourism within the City by funding activities through a levy of assessments upon the hotels that will benefit from those activities. In accordance with California Streets and Highways Code Section 36540, the TBID Advisory Board has prepared an Annual Assessment Report for Fiscal Year 2023-2024. Each year, City Council must hold two meetings to review the report and approve the levy of assessments. At the first meeting, City Council is presented with the TBID’s previous year activities and the proposed plan for the new fiscal year. This second meeting, is the public hearing to complete the two-step process.
A memo was provided noting a proposed amendment to the fiscal year 2023-2024 budget; a revised profit and loss statement and balance sheet; and a revised City Council recommended motion. The memo was distributed to the City Council and posted online as part of the meeting record.
Nicole Hankton, Visit Walnut Creek, discussed the TBID’s previous year activities and the proposed plan for the new fiscal year.
No public comments were received.
Motion by Silva, second by Mayor Pro Tem Darling,
carried unanimously
, to ADOPT RESOLUTION NO. 24-34 approving the Walnut Creek Tourism Business Improvement District (TBID) Annual Assessment Report for Fiscal Year 2023-2024 including the revised Fiscal Year 2023-2024 program budget; and ADOPT RESOLUTION NO. 24-35, a resolution of intent to levy assessments for fiscal year 2024-2025 for the TBID and set a public hearing for June 18, 2024.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 VWC Report
Attachment 2 Draft Resolution Approving Report
Attachment 3 Draft Resolution Intent to Levy
Addendum
The meeting was recessed briefly from 7:58 p.m. to 8:03 p.m.
6. PUBLIC HEARING
a.
WAIVE READING AND INTRODUCE AN ORDINANCE MAKING ZONING AMENDMENTS TO UPDATE THE CITY’S DENSITY BONUS ORDINANCE TO COMPLY WITH STATE LAW Principal Planner Aaron Sage provided the staff presentation. He reported that State Density Bonus Law (SDBL) requires local jurisdictions to grant additional residential density, "incentives or concessions," and other benefits to housing development projects that meet specified criteria for affordability or other special needs populations. In 2009, the City adopted a Density Bonus Ordinance (DBO) to implement SDBL. Due to various changes to SDBL since adoption of the DBO, amendments to the DBO are needed to update the City’s ordinance. The City committed to making these amendments in its 2023-2031 Housing Element.
No public comments were received. Redlined changes to the ordinance were presented via an Errata and written public comments were received, provided to the City Council and posted online as part of the meeting record.
Motion by Silva, second by Francois,
carried unanimously
, to INTRODUCE AND WAIVE READING OF AN ORDINANCE making CEQA exemption determinations pursuant to Section 15061(b)(3) of the CEQA Guidelines and amending Title 10 (Planning and Zoning) of the Walnut Creek Municipal Code to update the City's Density Bonus Ordinance to comply with state law, including the changes presented on the Errata Sheet to Sec. 10-2.3.1010 Development Standards Limitations and Sec. 10-2.3.1004 Waiver and Reduction of Development Standards.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 Ordinance
Attachment 2 Redline Ordinance
Attachment 3 Changes to State Law
Attachment 4 Stakeholder Survey #1
Attachment 5 Stakeholder Survey #2
Attachment 6 Developer Survey
Attachment 7 Planning Commission Comments
Attachment 8 Feasibility Analysis
Attachment 9 2019 Staff Recommendations and Council Comments Attachment 10 PC Resolution
Attachment 11 Public Comment
Addendum
b.
WAIVE READING AND INTRODUCE AN ORDINANCE MAKING ZONING AMENDMENTS TO ALLOW ACCESSORY DWELLING UNITS ON PROPERTIES WITH RELIGIOUS ASSEMBLY USES Principal Planner Aaron Sage provided the staff presentation. He reported that the City has committed in its 2023-2031 Housing Element to allowing ADUs on "faith-based properties" by June 30, 2024. Accessory dwelling units (ADUs) are relatively small, secondary housing units which are currently allowed on properties with a single-family or multiple-family dwelling. The use classification within the City’s Zoning Ordinance that most closely corresponds to "faith-based properties" is "religious assembly use." Staff has prepared amendments to the City’s ADU ordinance which would allow one ADU to be constructed on any lot with a religious assembly use, within zones permitting this use. These ADUs would generally be subject to the same standards as non-"state-exempt" single-family dwellings. The proposed amendments are targeted toward the above program and do not yet address recent state laws regarding ADUs in general. Pursuant to a separate Housing Element program, staff will bring forward further amendments to address all applicable state ADU laws later this year. The City follows all applicable state laws regardless of whether specific provisions of such laws have been incorporated into the Municipal Code.
No public comments were received.
The meeting was recessed briefly (8:36 p.m. to 8:42 p.m.) due to technical reasons.
Motion by Mayor Pro Tem Darling, second by Silva,
carried unanimously
, to INTRODUCE AND WAIVE READING OF AN ORDINANCE making CEQA exemption findings under section 15061(b)(3) of the CEQA Guidelines and amending Title 10 (Planning and Zoning) of the Walnut Creek Municipal Code to allow accessory dwelling units on properties with religious assembly uses including the changes introduced at the meeting relating to Lots with Religious Assembly Uses (attached accessory dwellings unit provisions versus detached accessory dwelling unit provisions) and Property Ownership and Uses (not more than two accessory dwelling units to be located on a single lot containing a religious assembly use; that the lot is to be owned entirely by the entity that operates the on-site religious assembly use; and that the lot is located in a zoning district that permits religious assembly uses).
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 Ordinance
Attachment 2 Map of Religious Assembly Uses
Attachment 3 Public Comments
Attachment 4 PC Resolution
7. CLOSED SESSION
After an opportunity for public comment, the City Council reconvened in Closed Session in the 2nd Floor Conference Room pursuant to:
a.
CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code section 54957.6)
Agency Designated Representative: Steve Mattas
Unrepresented Employee: City Manager
There was no reportable action as a result of the Closed Session.
8. ADJOURNMENT OF THE REGULAR CITY COUNCIL MEETING at 9:10 p.m. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Loella Haskew
2023-24 Mayor of the City of Walnut Creek