City Council Special Meeting 3:45pm/ Regular Meeting at 6 pm Tuesday, November 4, 2025
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
DEVINNEY
FRANCOIS
sILVA
mAYOR pRO tEM Wilk
mayor Darling
Meeting minutes were approved by the City Council at the regular meeting held on November 18, 2025.
CITY COUNCIL SPECIAL MEETING AT 3:45 PM
Council Chamber, 1st Floor / 3rd Floor Conference Room
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.
All Councilmembers were in attendance. Mayor Darling reported that under California law, public comments at special meetings are limited to subjects on the agenda only. No public comments were received.
2. ACTION ON VARIOUS COMMISSION REAPPOINTMENTS (not on video) The City Council interviewed the following Commissioners and Board appointees for consideration of a reappointment:
• Arts Commission - Sarah Baltazar and Jill Dresser
• Design Review Commission - Phil Newsom
• Park, Recreation and Open Space Commission - Fran Garland • Planning Commission - Pamela Nieting
• Transportation Commission - Rob Rees
• Measure O Committee - Brian Mulligan, Jonathan Bartlett and Geoffrey Fite • Contra Costa County Mosquito and Vector Control Board - Peggie Howell • County Connection Advisory Committee - Ian McLaughlin Motion by Mayor Pro Tem Wilk, second by Silva,
carried unanimously
, to REAPPOINT the following Commissioners and Board appointees to an additional 4-year term, effective March 2026 to March 2030:
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling.
Arts Commission - Sarah Baltazar and Jill Dresser; Design Review Commission - Phil Newsom; Park, Recreation and Open Space Commission - Fran Garland; Planning Commission - Pamela Nieting; Transportation Commission - Rob Rees; Measure O Committee - Brian Mulligan, Jonathan Bartlett and Geoffrey Fite; Contra Costa County Mosquito and Vector Control Board - Peggie Howell; and County Connection Advisory Committee - Ian McLaughlin.
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING at 5:13 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.
PROCLAMATION: Lung Cancer Awareness Month
d.
PRESENTATION: Contra Costa Fire Protection District
2. CONSENT CALENDAR
Councilmember DeVinney pulled Consent Calendar Item 2c to ask questions of staff. Councilmember Silva pulled Consent Calendar Item 2f to provide comments. Additionally, she noted that a revised Exhibit A to the proposed Lease Agreement wad distributed to Council and provided at the meeting. Jan Warren provided oral public comments on Consent Calendar Item 2f. An Addendum for Consent Calendar 2h was provided at the meeting and posted online (red-lined agenda report and revised motion).
Motion by Silva, second by Francois,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a-b, 2d-e and 2g-h (2h as amended) as follows:
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling. a.
APPROVED CITY COUNCIL MINUTES dated October 21, 2025.
Minutes
b.
ACCEPTED WARRANT REGISTERS October 17, 2025 and October 24, 2025 (2); and DIRECT PAYROLL TRANSFERS dated October 17, 2025(2).
Warrant Registers
d.
AUTHORIZED CITY MANAGER to enter into Master Consultant Agreements with five (5) consulting firms (MNS Engineers, Inc., Towill, Inc., Qualus Engineering CA, LLP, R.E.Y. Engineers, Inc., and Sanbell Bay Area) to provide acting city surveyor and on-call land surveying services for a not-to-exceed amount of $150,000 each for a period of no more than five (5) years starting from the contract execution date. 2d Agenda Report
Attachment Master Consultant Services Agreement
e.
AUTHORIZED THE CITY MANAGER to execute Amendment No. 1 to the Consultant Services Agreement with Verde Design, Inc., for construction administration support of the Heather Farm Park Synthetic Turf Sports Field project for an amount of $21,000, for a total not to exceed amount of $449,550. 2e Agenda Report
Attachment 1 First Amendment to the Consultant Services Agreement Attachment 2 Verde Design Additional Services Authorization g.
ACCEPTED WORK for Contract 24-10, Arbolado and Rudgear Parks Athletic Court Resurfacing project as complete and AUTHORIZED THE CITY CLERK to file a Notice of Completion for the project with the County Recorder. 2g Agenda Report
h.
DESIGNATED Councilmember Cindy Silva as the Voting Delegate for the purpose of voting on the City's behalf, at the National League of Cities annual business meeting to be held on Saturday, November 22, 2025 (revised motion).
An Addendum was provided at the meeting and posted online (red-lined agenda report and revised motion). 2h Agenda Report
Addendum
c.
AUTHORIZATION OF THE CITY MANAGER to execute a five-year Agreement with Beyond the Border for the exclusive right to serve as Lesher Center Beverage and Miscellaneous Food Items Concessionaire and a not-to-exceed amount of $750,000 for a period of no more than five (5) years from January 1, 2026 through December 31, 2030 at private receptions.
Councilmember DeVinney pulled Consent Calendar Item 2c to ask questions of staff.
Motion by Silva, second by DeVinney,
carried unanimously
, to AUTHORIZE THE CITY MANAGER to execute a five-year Agreement with Beyond the Border for the exclusive right to serve as Lesher Center Beverage and Miscellaneous Food Items Concessionaire and a not-to-exceed amount of $750,000 for a period of no more than five (5) years from January 1, 2026 through December 31, 2030 at private receptions.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling. 2c Agenda Report
Attachment 1 Bid Recap Form
Attachment 2 Draft Agreement
f.
AUTHORIZATION OF THE CITY MANAGER to execute a Lease Agreement with Heather Farm Garden Association, Inc., for the use of premises at 1540 Marchbanks Drive.
Councilmember Silva pulled Consent Calendar Item 2f to provide comments. Additionally, she noted that a revised Exhibit A to the proposed Lease Agreement wad distributed to Council and provided at the meeting.
Oral public comments were received from Jan Warren.
Motion by Silva, second by Mayor Darling,
carried unanimously
, to AUTHORIZE THE CITY MANAGER to execute a Lease Agreement with Heather Farm Garden Association, Inc., for the use of premises at 1540 Marchbanks Drive, with the revised Exhibit A to the Lease Agreement presented.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling. 2f Agenda Report
Attachment Lease Agreement
Revised Exhibit A to the Lease Agreement
3. PUBLIC COMMUNICATIONS
Oral public comments were received from Jan Warren and Cherise Khaund. Written comments were received, provided to the City Council and posted online as part of the meeting record.
Public Comments Prior to Packet Publication
Public Comment Received After Packet Publication
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcement - none.
b.
City Manager reports - City Manager Dan Buckshi reported on new hires - Captain Ryan Hibbs will be the next Chief of Police; and Kris Farro has been selected as the new Arts and Recreation 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.
WAIVE FIRST READING AND INTRODUCTION OF ORDINANCE AMENDING TITLE 9 OF THE WALNUT CREEK MUNICIPAL CODE FOR THE ADOPTION OF THE 2025 CALIFORNIA BUILDING STANDARDS CODE WITH AMENDMENTS Chief Building Official Frank Kong provided the staff presentation. He reported that the California Building Standards Commission has adopted a new Title 24 of the California Code of Regulations, also referred to as the 2025 California Building Standards Code. The new codes were published in July 2025 and will become effective on January 1, 2026. As part of the triennial code adoption cycle, the City of Walnut Creek must adopt the new codes along with local amendments. The City may amend a code provision to be more stringent, but it cannot be less stringent than the 2025 California Building Standards Code.
No public comments were received. Written comments were received, provided to the City Council and posted online as part of the meeting record.
Motion by Francois, second by Silva,
carried unanimously
, to WAIVE READING AND INTRODUCE AN ORDINANCE amending Title 9 of the Walnut Creek Municipal Code to adopt the 2025 edition of the California Building Standards Code by reference and with local amendments (Attachment 1, incorporating Exhibits A - D); and setting a public hearing for November 18, 2025.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling. 5a Agenda Report
Attachment 1 Proposed Ordinance
Exhibit A to Attachment 1- Adoption and Amendments to the Building Standards Code Exhibit B to Attachment 1 - City Findings In Support of Local Amendments Exhibit C to Attachment 1 - CCCFPD Ordinances No. 2025-14 and 2025-15 Exhibit D to Attachment 1- County Findings In Support of Local Amendments Public Comment
b.
COUNCIL INPUT ON SIGN ORDINANCE UPDATE
Community Development Director Erika Vandenbrande provided the staff presentation. She reported that the City of Walnut Creek initiated an update to its Sign Ordinance (Sign Ordinance) to both streamline the sign permitting process and create contemporary standards that provide flexibility to address the community’s evolving needs. Council had requested the opportunity to provide input prior to staff developing proposed changes to the City’s Sign Ordinance.
Oral public comments were received from Kathy Hemmenway, Walnut Creek Downtown.
The City Council provided input and direction on the Sign Ordinance update, including comments on visibility and location; A-frame and temporary signage; size and design flexibility; and process improvements. No formal action was taken. 5b Agenda Report
The meeting was recessed briefly from 7:58 p.m. to 8:09 p.m.
6. PUBLIC HEARINGS
a.
WAIVE FIRST READING AND INTRODUCE AN ORDINANCE AMENDING VARIOUS SECTIONS OF TITLE 10, CHAPTER 2 (ZONING) OF THE WALNUT CREEK MUNICIPAL CODE TO IMPLEMENT 2023-2031 HOUSING ELEMENT PROGRAM H-3.H REGARDING RESIDENTIAL CARE FACILITIES AND MINOR CODE CLEAN UP EDITS AND FIND THAT THE AMENDMENTS ARE EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITIY ACT (CEQA) Principal Planner Crystal De Castro provided the staff presentation. She reported that State law requires cities to address barriers to housing development for vulnerable populations, including persons with disabilities, individuals experiencing homelessness, extremely low-income households, seniors, and the local critical workforce. Consistent with this mandate, the proposed Ordinance contains amendments to implement the City’s Housing Element Program H-3.H (Housing Opportunities) by allowing residential care facilities (RCF) in zones where similar residential uses are permitted and by reducing their parking requirements. Additionally, the proposed Ordinance also includes amendments to clarify Accessory Dwelling Unit (ADU) regulations consistent with state law, as well as minor code clean up intended to improve clarity within the zoning code consistent with state law.
An Errata sheet was provided at the meeting, and posted online as part of the meeting record.
Oral public comments were received from Tyler Wagner. Written comments were received, provided to the City Council and posted online as part of the meeting record. Additionally, staff provided a response to a public comment letter submitted on behalf of the landowner of 2643 Larkey Lane.
Motion by Francois, second by Silva,
carried unanimously
, to WAIVE FIRST READING AND INTRODUCE AN ORDINANCE amending various sections of Title 10, Chapter 2 (Zoning) of the Walnut Creek Municipal Code (Municipal Code) to implement Housing Element Program H-3.H regarding residential care facilities, to clarify accessory dwelling unit regulations consistent with state law, and to make minor code clean-up edits; and making CEQA exemption findings under Section 15061(b)(3) of the CEQA Guidelines.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling. 6a Agenda Report
Attachment 1 Draft Ordinance - Zoning Text Amendments
Attachment 2 Repealed Summary Use Table (redline/strikethrough) Attachment 3 Planning Commission Resolution No. 3996 - Recommendation to Council Attachment 4 Letter to Planning Commission, dated October 9, 2025 Public Comment, Errata Sheet, and Response to Public Comment b.
WAIVE FIRST READING AND INTRODUCE ORDINANCE PROHIBITING THE USE OF GASOLINE-POWERED LEAF BLOWERS Sustainability Manager Candice Rankin Mumby provided the staff presentation. She reported that in response to the City’s Sustainability Action Plan, which recommends adopting a community-wide ban on the use of gas-powered leaf blowers for homes and businesses, staff has prepared an ordinance which would prohibit the use of gasoline powered leaf blowers within the City of Walnut Creek, with limited exemptions for safety and emergency response.
Oral public comments were received from Mike Schwan; Jeanette Asseln, Countrywood Homeowners Association; Martin Engelmann; Jamie Davidson; Cherise Khaund; Jan Warren; and Mark Colburn. Written comments were received, provided to the City Council and posted online as part of the meeting record. Additionally, staff provided a written response to Council questions.
Motion by Mayor Darling, second by Mayor Pro Tem Wilk,
carried unanimously
, to WAIVE FIRST READING AND INTRODUCE AN ORDINANCE adding Chapter 9 (Gasoline Powered Leaf Blowers) to Title 5 (Sanitation and Health) of the Walnut Creek Municipal Code prohibiting the use of gas-powered leaf blowers with limited exemptions, with the modifications noted below.
YEAS:
DeVinney, Francois, Silva, Mayor Pro Tem Wilk, Mayor Darling.
The motion included the following three (3) modifications: (1) Section 5-9.102 of the ordinance is amended to read, "It is prohibited for any person, business or entity who owns, manages or rents property in the City to (1) use or operate any gasoline powered leaf blower in the City or (2) to hire, allow, employ or retain the services of a person or business to use gasoline powered leaf blower on the property."; (2) the effective date of the ordinance is to be April 1, 2026; and (3) direction to staff to bring back additional information regarding noise levels and regional rebate possibilities in early 2026. 6b Agenda Report
Attachment 1 Draft Ordinance
Attachment 2 Public Comments
Public Comment After Packet Publication and Response to Questions
7. ADJOURNMENT OF THE CITY COUNCIL REGULAR MEETING at 9:50 p.m. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Cindy Darling
2024-25 Mayor of the City of Walnut Creek