City Council Meetings - Special Closed Session at 5pm / Regular Meeting at 6 pm Tuesday, October 1, 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 held on October 15, 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; therefore, public comments would be received at this time for the item identified below. Public comments were received from: Tony Parisi, Walnut Creek Pickleball President; Lisa Regal; Steve Martin (provided a handout); Luis Moura; Mark Nollsch; Mary Beth Moura; and Lisa Klein. Written public comments were received, provided to the City Council and posted online as part of the meeting record.
Addendum Public Comment
Public Comment Handout
2. CLOSED SESSION
After an opportunity for public comment, the City Council reconvened in closed session pursuant to:
a.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
Wobleski et. Al. v. City of Walnut Creek, Case No. C24-02339
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
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.
OATH OF OFFICE:
Student Commissioners:
• Eli Konson- Parks, Recreation and Open Space Commission • Diego Kirsch - Transportation Commission
• Sasha Perelman - Arts Commission
d.
PROCLAMATION: Pedestrian Safety Month
2. CONSENT CALENDAR
Councilmember Wilk pulled Consent Calendar Item 2e to provide comments. No public comments were received for items on the Consent Calendar.
Motion by Silva, second by Wilk,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a - 2d and 2f - 2i as follows:
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew. a.
APPROVED CITY COUNCIL MINUTES of September 17, 2024.
Minutes
b.
ACCEPTED WARRANT REGISTERS dated September 13, 2024 (2) and September 20, 2024 (2); and DIRECT PAYROLL TRANSFERS dated September 20, 2024 (2).
Warrant Registers
c.
ADOPTED ORDINANCE NO. 2244 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 reside (introduced 9/17/24).
Ordinance
d.
ADOPTED RESOLUTION NO. 24-60 approving a Side Letter of Agreement with the Walnut Creek Employees Association.
Agenda Report
Attachment Draft Resolution with Exhibit A Side Letter
f.
ACCEPTED WORK for Contract 23-13, the South Locust Parking Garage Elevator Rehabilitation project as complete; TRANSFERED remaining balance to the Parking Garage Evaluation and Repairs project (CP010153); and AUTHORIZED THE CITY CLERK to file a Notice of Completion for the Project with the County Recorder.
Agenda Report
g.
AUTHORIZED THE CITY MANAGER to enter into a consultant services agreement amendment with Raimi + Associates to increase the contract amount by $4,998 for a new total budget amount not to exceed $152,547 for consulting services related to the City's update of the 1996 Design Review Guidelines Agenda Report
Attachment Amendment with Exhibit
h.
APPROVED calendar year 2025 City Council meeting schedule.
Agenda Report
Attachment Proposed Calendar
i.
ADOPTED PROCLAMATION declaring the month of October 2024, as Cybersecurity Awareness Month.
Agenda Report
Attachment Proclamation
e.
ADOPTION OF RESOLUTION authorizing City staff to apply for and receive Accessory Dwelling Unit (ADU) Accelerator State funds administered through the Town of Danville.
Councilmember Wilk pulled Consent Calendar Item 2e to provide comments.
Motion by Wilk, second by Silva,
carried unanimously
, to ADOPT RESOLUTION NO. 24-61 authorizing City staff to apply for and receive Accessory Dwelling Unit (ADU) Accelerator State funds administered through the Town of Danville.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 Draft Resolution with Exhibit A Grant Application Form Attachment 2 Grant Cover Letter
Attachment 3 Grant Guidelines
Attachment 4 Grant Allocations
3. PUBLIC COMMUNICATIONS
No public comments were received for items not on the agenda. Written public comments were received, provided to the Council and posted online as part of the meeting record.
Addendum Public Comment
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - City Attorney Steve Mattas reported no reportable action as a result of the closed session. 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.
WAIVE READING AND INTRODUCE AN ORDINANCE AMENDING TITLE 10, CHAPTER 2 OF THE WALNUT CREEK MUNICIPAL CODE TO CONFORM WITH THE CALIFORNIA EMPLOYEE HOUSING ACT AND REMOVE CONSTRAINTS ON PERSONS WITH DISABILITIES Principal Planner Aaron Sage provided the staff presentation. He reported that the City of Walnut Creek’s 2023-2031 Housing Element includes a commitment to update Title 10, Chapter 2 of the Walnut Creek Municipal Code (Zoning Ordinance) to conform to the California Employee Housing Act. This law requires local jurisdictions to regulate employee housing for six or fewer employees in the same manner as a single-family dwelling, which requires an update to the Zoning Ordinance definition of "Family." Additionally, the Housing Element commits to remove language in the definition of "Family" that could unduly prevent persons with disabilities from occupying family dwelling units. The proposed ordinance includes these amendments.
No in-person public comments were received. Written public comments were received, provided to the Council and posted online as part of the meeting record.
Motion by Mayor Pro Tem Darling, second by Silva,
carried unanimously
, to WAIVE READING AND INTRODUCE AN ORDINANCE making CEQA exemption findings under Section 15061(b)(3) of the CEQA Guidelines and amending Title 10, Chapter 2 (Zoning Ordinance) of the Walnut Creek Municipal Code to update the definition of “Family” to conform with the California Employee Housing Act and to remove constraints on persons with disabilities.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 Draft Ordinance
Attachment 2 Planning Commission Resolution
Addendum Public Comment
b.
WAIVE READING AND INTRODUCE AN ORDINANCE AMENDING TITLE 10, CHAPTER 2 OF THE WALNUT CREEK MUNICIPAL CODE (ZONING ORDINANCE) TO UPDATE REGULATIONS FOR ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, AS NECESSITATED BY CHANGES TO STATE LAW AND GUIDANCE FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND PROGRAM H-4.F OF THE 2023-2031 HOUSING ELEMENT Principal Planner Aaron Sage provided the staff presentation. He reported that in response to new state law, a notice from the California Department of Housing and Community Development and actions identified in Walnut Creek’s certified Housing Element, staff has prepared amendments to the accessory dwelling unit and junior accessory dwelling unit (JADU) regulations contained within the City of Walnut Creek Zoning Ordinance and is recommending City Council introduce an ordinance for the adoption of these amendments which would update the City’s Zoning Ordinance to meet current State law as well as implement the Housing Element.
No in-person public comments were received. Written public comments were received, provided to the Council and posted online as part of the meeting record.
Motion by Silva, second by Francois,
carried unanimously
, to WAIVE READING AND INTRODUCE AN ORDINANCE making exemption findings under CEQA pursuant to section 15282(h) of the CEQA Guidelines and amending Title 10 (Planning and Zoning) of the Walnut Creek Municipal Code to adopt the proposed amendments to the Walnut Creek Accessory Dwelling Ordinance consistent with state law, guidance from the California Department of Housing and Community Development, and Program H-4.F of the 2023-2031 Housing Element.
YEAS:
Francois, Silva, Wilk, Mayor Pro Tem Darling, Mayor Haskew.
Agenda Report
Attachment 1 Draft Ordinance
Attachment 2 HCD Letter and Response
Attachment 3 Government Code 66310-66342
Attachment 4 Housing Element Program 4-H.F
Attachment 5 Half Mile Map from Bart Stations
Attachment 6 Summary of Current and Proposed ADU Regulations Attachment 7 PC Resolution
Addendum Public Comment
6. ADJOURNMENT OF THE CITY COUNCIL REGULAR MEETING at 7:41 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