City Council Special Meeting- Closed Session 5pm/ Regular Meeting at 6 pm Tuesday, September 17, 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 at the regular meeting on October 1, 2024.
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION AT 5:00 PM Council Chamber, 1st Floor
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) - none.
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 item identified below.
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.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Government Code Section 54956.8)
Property: 2751 Buena Vista Avenue, Walnut Creek, CA
Agency negotiators: Dan Buckshi, City Manager; Rich Payne, Interim Assistant Public Works Director; and Valerie Sukhu, Administrative Analyst II Negotiating parties: City of Walnut Creek; and Walnut Creek Model Railroad Society Under negotiation: price and terms of payment
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING - CLOSED SESSION at 5:30 p.m. - no reportable action. _____________________________________________________________________________________________________________________________________________ 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.
PROCLAMATION: National Preparedness Month
2. CONSENT CALENDAR
Mayor Pro Tem Darling pulled Consent Calendar Items 2e and 2f to provide comments. Councilmember Silva pulled Consent Calendar Item 2h to ask questions of staff.
Motion by Silva, second by Wilk,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-2d, 2g and 2i* - 2l as follows:
YEAS: Francois, Silva*, Wilk, Mayor Pro Tem Darling, Mayor Haskew *Councilmember Silva noted for the record that she is recusing herself from Item 2i due to the proximity of her residence to the project site. a.
APPROVED CITY COUNCIL MINUTES of September 3, 2024.
Minutes
b.
ACCEPTED WARRANT REGISTERS dated August 30, 2024 (2), September 6, 2024 (2), September 9, 2024; and DIRECT PAYROLL TRANSFERS dated September 6, 2024 (2).
Warrant Registers
c.
ADOPTED RESOLUTION NO. 24-52 designating the Deputy City Manager as the primary Board Member and the Assistant City Manager as the City's alternate Board Member to the Municipal Pooling Authority.
Agenda Report
Attachment 1 Draft Resolution
Attachment 2 Resolution 20-05
d.
ADOPTED RESOLUTION NO. 24-53 approving the City's Consolidated Annual Performance and Evaluation Report (CAPER) for FY 2024; and AUTHORIZED the submission of the City's 2023-2024 CAPER to the U.S. Department of Housing and Urban Development (HUD) for the federal Community Development Block Grant (CDBG) program.
Agenda Report
Attachment 1 Draft FY2023-24 CAPER
Attachment 2 Draft Resolution
g.
ADOPTED RESOLUTION NO. 24-54 approving the Salary and Wage Plan dated and effective as of September 29, 2024.
Agenda Report
Attachment Draft Resolution with Exhibit
i.
ACCEPTED WORK for Contract 24-03, the Tice Creek Bridge at Castle Hill Road Bridge Strengthening project, as complete.
Councilmember Silva noted for the record that she recused herself from Item 2i due to the proximity of her residence to the project site.
Agenda Report
j.
AUTHORIZED $161,957 Community Development Block Grant (CDBG) funds to be used toward Trinity Center's Employment Pathways Program and AUTHORIZED $59,931 of CDBG funds to be used toward America with Disabilities Act Compliant Exterior Space At Civic Park Community Center.
Agenda Report
Attachment 1 CDBG RFP NOFA 24-25
Attachment 2 June 18, 2024 City Council Agenda Report
Attachment 3 Trinity Center Employment Pathways Application Attachment 4 WEECARE Inc (DBA Upwards) Boost Application Attachment 5 WC Arts and Rec Dept ASA Compliant Exterior Space Application Attachment 6 SAHA Sierra Gardens Apartment Redevelopment Application k.
ACCEPTED THE JUNE 2024 Investment Report and IRS Section 115 Pension Trust Report.
Agenda Report
Attachment 1 Investment Detail Report
Attachment 2 Supplementary Info by Investment Type
Attachment 3 WC Section 115 Pension Trust Statement
Attachment 4 WC Section 115 Pension Trust Economic Overview l.
ADOPTED PROCLAMATION declaring September 15 to October 15, 2024, as Hispanic Heritage Month.
Agenda Report
Attachment Proclamation
Mayor Pro Tem Darling pulled Consent Calendar Items 2e and 2f to provide comments.
Public comments were received from: Shane Blatz, Walnut Creek Police Department and Andrew Ha, Walnut Creek Police Department.
Motion by Mayor Pro Tem Darling, second by Wilk,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2e and 2f as follows:
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew. e.
ADOPTED RESOLUTION NO. 24-55 approving an amendment to the Memorandum of Understanding dated July 1, 2021, between the City of Walnut Creek and the Walnut Creek Police Officers Association.
Agenda Report
Attachment Draft Resolution with Exhibit
f.
ADOPTED RESOLUTION NO. 24-56 approving an amendment to the Memorandum of Understanding dated August 1, 2021, between the City of Walnut Creek and the Walnut Creek Police Management Association.
Agenda Report
Attachment Resolution with Exhibit
Agenda Report
h.
ADOPTION OF A RESOLUTION approving the First Amendment to the City Loan Agreement and the Amended and Restated Regulatory Agreement with Resources for Community Development (RCD) for the affordable housing development at 699 Ygnacio Valley Road; and approval of the State of California Affordable Housing and Sustainable Communities Program Indemnity Agreement for project funding.
Councilmember Silva pulled Consent Calendar Item 2h to ask questions of staff. No public comments were received.
Motion by Silva, second by Francois,
carried unanimously
, to ADOPT RESOLUTION NO. 24-57 approving the First Amendment to the City Loan Agreement and the Amended and Restated Regulatory Agreement with Resources for Community Development (RCD) for the affordable housing development at 699 Ygnacio Valley Road; and approval of the State of California Affordable Housing and Sustainable Communities Program Indemnity Agreement for project funding.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 Existing Loan Agreement
Attachment 2 Resolution 20-53
Attachment 3 LHTF Award Letter
Attachment 4 Resolution 22-06
Attachment 5 Proposed Amended Loan Agreement and Promissory Note Attachment 6 699 YVR Project Budget
Attachment 7 Existing 699 YVR Regulatory Agreement
Attachment 8 Proposed Amended Regulatory Agreement
Attachment 9 Draft Resolution
Attachment 10 Resolution 24-09
Attachment 11 AHSC RCD Indemnity Agreement
3. PUBLIC COMMUNICATIONS
Public comments were received from Leslie Gleason, Trinity Center.
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 Rich Payne has been appointed Public Works Director. 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. CONSIDERATION
a.
ACCEPTANCE OF THE SHADELANDS PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID) ANNUAL REPORT FOR FISCAL YEAR 2023-2024 City Manager Dan Buckshi introduced Bob Linscheid, Walnut Creek Chamber of Commerce President. Mr. Lindscheid provided the presentation on behalf of the PBID. He reported that in accordance with the Shadelands Property and Business Improvement District (PBID) Management District Plan, the Walnut Creek City Council oversees the District and the PBID is required to present an annual report to the City Council. Council is asked to accept the Shadelands Property and Business Improvement District Annual Report 2023-2024 which was prepared by the Walnut Creek Chamber of Commerce and Shadelands Steering Committee.
An addendum was provided, a profit and loss statement, which was made available at the meeting and posted online as part of the meeting record.
No public comments were received.
Motion by Wilk, second by Mayor Pro Tem Darling,
carried unanimously
, to ACCEPT the Shadelands Property and Business Improvement District Annual Report for Fiscal Year 2023-2024.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 2023-24 PBID Annual Report
Attachment 2 PBID Management Plan
Addendum
6. PUBLIC HEARING
a.
CONSIDERATION OF (1) RESOLUTIONS APPROVING NON-RESIDENTIAL DESIGN REVIEW STANDARDS AND GUIDELINES, MINOR REVISIONS TO THE RESIDENTIAL AND MIXED-USE DESIGN REVIEW STANDARDS AND GUIDELINES, AND UPDATES TO THE CITY’S OUTDOOR DINING POLICY; AND (2) AN ORDINANCE AMENDING THE MUNICIPAL CODE INCORPORATING NEW AND UPDATED NON-RESIDENTIAL DEVELOPMENT STANDARDS, MINOR REVISIONS TO RESIDENTIAL DEVELOPMENT STANDARDS, AND ADDITIONAL REFINEMENTS TO THE DESIGN REVIEW PROCESS AND THE ROLE OF THE DESIGN REVIEW COMMISSION Associate Planner Ben Schuster provided the staff presentation. He reported that on July 18, 2023, and October 24, 2023, the Council provided direction to streamline the City’s design review entitlement process and to update the role of the Design Review Commission (DRC) from decision-making to advisory. He stated this agenda item would fully implement the Council’s prior direction by adopting Non-Residential Design Review Standards + Guidelines (Non-Residential DRSGs) and associated non-residential development standards, along with several minor "cleanups" to the recently adopted Residential DRSGs and new design review process. These cleanup items also include amendments to the City’s Outdoor Dining Ordinance and Policy.
Associate Planner Schuster noted that an addendum was provided and posted online as part of the meeting record.
Alessandra Lundin, Rami + Associates, discussed some of the content of the design standards and guidelines for non-residential uses.
Public comments were received from Andrew Halverson and Anna Halverson.
Motion by Silva, second by Wilk,
carried unanimously
, to ADOPT RESOLUTION NO. 24-58 making findings and approving the Non-Residential Design Review Standards and Guidelines and approving minor updates to the Residential and Mixed-Use Residential Design Standards + Guidelines, as amended to include the edits provided in the addendum provided; and finding the project exempt from CEQA pursuant to section 15061(b)(3).
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Motion by Wilk, second by Francois,
carried unanimously
, to ADOPT RESOLUTION NO. 24-59 updating the City’s Outdoor Dining Policy clarifying the design review process.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Motion by Mayor Pro Tem Darling, second by Mayor Haskew, carried unanimously
, to WAIVE READING AND INTRODUCE AN ORDINANCE making exemption findings under CEQA pursuant to section 15061(b)(3) and amending the Municipal Code to implement new and revised standards for non-residential developments, minor updates to standards for residential developments, minor modifications to the design review process and role of the DRC consistent with recent Council direction and action, as amended to include the edits provided in the addendum provided.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 Draft Resolution for Non-Residential DRSGS Exhibit A to Attachment 1 Non-Res DRSGS
Exhibit B to Attachment 1 Proposed Amendments to Res/Mixed Use DRSGS Attachment 2 Draft Resolution for the Outdoor Dining Policy Exhibit A to Attachment 2 Proposed Amendments to the Outdoor Dining Policy Attachment 3 Draft Ordinance
Attachment 4 Planning Commission Recommendation
Attachment 5 5/21/24 City Council Agenda Report
Addendum - Non-Residential Reso and Proposed Ordinance
7. ADJOURNMENT OF THE CITY COUNCIL REGULAR MEETING at 8:30 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