City Council Special Meeting 4pm (Closed Session)/ Regular Meeting at 6 pm Tuesday, April 7, 2026
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
Darling
DeVinney
Silva
mAYOR pRO tEM Francois
mayor Wilk
Meeting minutes were approved by the City Council at the regular meeting held on April 21, 2026.
CITY COUNCIL SPECIAL MEETING AT 4:00 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.
All Councilmembers were in attendance. Mayor Wilk 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 items identified below. There were no speakers for the closed session items.
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 LEGAL COUNSEL - ANTICIPATED LITIGATION
(Pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9) Significant exposure to litigation: 1 potential case
b.
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 5:45 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: Joan Lucchese, Gardens at Heather Farm
d.
PROCLAMATION: Clean Contra Costa Month
e.
PROCLAMATION: National Public Safety Telecommunicators Week f.
PRESENTATION: Marin Clean Energy
2. CONSENT CALENDAR
Councilmember DeVinney pulled Consent Calendar Item 2c to provide comments. No public comments were received for items on the Consent Calendar.
Motion by Darling, second by Mayor Pro Tem Francois,
carried unanimously
, to APPROVE CONSENT CALENDAR ITEMS 2a, 2b, 2d and 2e as follows:
YEAS:
Darling, DeVinney, Silva, Mayor Pro Tem Francois, Mayor Wilk. a.
APPROVED CITY COUNCIL MINUTES of March 17,2026.
3.17.26 Minutes
b.
ACCEPTED WARRANT REGISTERS dated March 13, 2026 and March 20, 2026, and DIRECT PAYROLL TRANSFERS dated March 20, 2026.
Warrant Registers
d.
AUTHORIZED THE CITY MANAGER to execute an amendment to the Master Consultant Services Agreement with Kimley-Horn and Associates, Inc., increasing the maximum compensation from $250,000 to $500,000 for traffic engineering services. 2d Agenda Report
Attachment 1 Amendment to MSA
Exhibit A to Attachment 1 Original MSA
Attachment 2 Task Order 5
Exhibit A to Attachment 1 Task Order 5 Proposal
e.
AUTHORIZED THE CITY MANAGER to execute a Consultant Service Agreement with Kimley-Horn to provide civil engineering design services for the Highway Safety Improvement Project for a contract price not to exceed $160,000, with a contingency not to exceed $16,000, for an authorized total of $176,000. 2e Agenda Report
Attachment 1 Kimley-Horn Scope and Fee Proposal
Attachment 2 Project Locations
Attachment 3 Federal Consultant Services Agreement
c.
ADOPTION OF RESOLUTION authorizing the City Manager to execute the amended and restated Contra Costa Clean Water Program Agreement effective July 1, 2026 through June 30, 2041; and ADOPTION OF RESOLUTION approving an agreement with the Central Contra Costa Sanitation District and the Contra Costa Flood Control and Water Conservation District for the inspection of certain industrial and commercial businesses in accordance with the municipal regional permit.
Councilmember DeVinney pulled Consent Calendar Item 2c to provide comments. No public comments were received on the item.
Motion by DeVinney, second by Darling,
carried unanimously
, to ADOPT RESOLUTION NO. 26-14 authorizing the City Manager to execute the amended and restated Contra Costa Clean Water Program Agreement effective July 1, 2026 through June 30, 2041; and ADOPT RESOLUTION NO. 26-15 approving an agreement with the Central Contra Costa Sanitation District and the Contra Costa Flood Control and Water Conservation District for the inspection of certain industrial and commercial businesses in accordance with the municipal regional permit.
YEAS:
Darling, DeVinney, Silva, Mayor Pro Tem Francois, Mayor Wilk. 2c Agenda Report
Attachment 1 Draft Resolution CCCWP with Exhibit A Program Agreement Attachment 2 Draft Resolution with Exhibit A Inspection Agreement
3. PUBLIC COMMUNICATIONS
In-person public comments were received from: Jan Warren, Kitty Cole, UC Master Gardeners; Dorothy Abeyta, UC Master Gardeners; and Dongmei. Written public comments were received, provided to the City Council and posted online as part of the meeting record.
Correspondence 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 provided an update on the Outdoor Dining Incentive Program (Program), noting the Program has been extended to June 30, 2026 and that seven restaurants to date have built outdoor dining, taking advantage of the $10,000 grant reimbursement. 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.
ADOPTION OF RESOLUTIONS LEVYING ANNUAL ASSESSMENTS FOR THE DOWNTOWN WALNUT CREEK BUSINESS IMPROVEMENT DISTRICT AND DOWNTOWN WALNUT CREEK SOUTH BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2027 Mayor Wilk explained the process for the public hearing. He reported that in order for the City to levy assessments for the Downtown Walnut Creek Business Improvement District (BID) and the Downtown Walnut Creek South Business Improvement District (SBID), the City Council must first conduct a public hearing at which it must hear and consider all protests against the levy of the assessments. If written protests are received from the owners of businesses in the proposed area which will pay 50 percent or more of the assessment proposed to be levied, no further proceedings to levy the assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If there is no majority protest, then the Council may adopt the resolutions confirming the assessment reports submitted. Written protests must be received by the City Clerk at or before the time fixed for the public hearing.
Mayor Wilk opened the public hearing and invited anyone with an undelivered written protest to present it to the City Clerk immediately. He further stated no further written protests will be accepted.
Economic Development Manager Mike Nimon provided a brief presentation. He reported that both the BID and SBID provide funding for planned activities for ongoing vibrancy and business support in the downtown area. A presentation of the BID’s and SBID’s previous year’s activities and its proposed plans for the new fiscal year were presented at the March 17, 2026 City Council meeting. Economic Development Manager Nimon stated that the adoption of the proposed resolutions levies annual assessments for both districts for fiscal year 2027.
No public comments were received.
City Clerk Suzie Martinez reported no bid protests had been received for the NBID or SBID.
Motion by Darling, second by Silva,
carried unanimously
, to ADOPT RESOLUTION NO. 26-16 levying the annual assessment for the Downtown Walnut Creek Business Improvement District for fiscal year 2027; and ADOPT RESOLUION NO. 26-17 levying the annual assessment for the Downtown Walnut Creek South Business Improvement District for fiscal year 2027.
YEAS:
Darling, DeVinney, Silva, Mayor Pro Tem Francois, Mayor Wilk. 5a Agenda Report
Attachment 1 Draft Resolution to Levy the BID
Attachment 2 Draft Resolution to Levy the SBID
b.
CONSIDERATION OF TWO APPEALS OF THE PLANNING COMMISSION DECISION REGARDING THE MITCHELL TOWNHOMES PROJECT (APPLICATION NO. Y24-026) FOR THE CONSTRUCTION OF A 422-UNIT TOWNHOME DEVELOPMENT WITHIN THE SHADELANDS BUSINESS PARK AT 2775-2855 MITCHELL DRIVE, 2730-2880 SHADELANDS DRIVE, AND A PORTION OF 2125 OAK GROVE ROAD Mayor Wilk reported that the next item was a public hearing regarding two appeals from the decision of the Planning Commission on February 12, 2026 approving Design Review, Vesting Tentative Map, Density Bonus and Tree Removal and Dripline Encroachment Permits for the Mitchell Townhomes project, Application No. Y24-026; Location: 2775-2855 Mitchell Drive, 2730-2880 Shadelands Drive, and a portion of 2125 Oak Grove Road; APNs: 143-040-099, 143-040-100 and 143-040-079. He stated the City is in the unusual situation of having two separate appeals for one item and explained the public hearing procedures. The rules are designed to provide the appellants and the applicant the ability to present their arguments, provide rebuttals, and be heard at this hearing, as well as to give everyone a full voice in these proceedings.
Senior Planner Simar Gill provided the staff presentation. She reported that on February 12, 2026, the Planning Commission held a public hearing and adopted Resolution No. 4003 certifying the Environmental Impact Report including adoption of a Mitigation Monitoring and Reporting Program, and Resolution No. 4004 approving entitlements for a Final Design Review, Vesting Tentative Map, Density Bonus, Tree Removal Permit, and Tree Dripline Encroachment Permit subject to certain Conditions of Approval, for the Mitchell Townhomes Project (Project). The Project is submitted pursuant to the Builder’s Remedy provision of the Housing Accountability Act. Two appeals of the Planning Commission’s decision were timely filed and the City Council will conduct the appeal hearing at this meeting.
Senior Planner Gill reported that an Errata, and a Revised Errata was provided from staff, adding a Condition of Approval to the Conditions of Approval imposed under Section 4 of the resolutions (Attachments 1 and 2).
Presentations from Appellants/Applicant:
* Steve Elster, Friends of Walnut Creek (Appellant #1)
* Mike Heller et al (Appellant #2)
* Jonathan Fearn, Signature Development Group, representing the applicant.
The meeting was recessed from 8:35 p.m. to 8:48 p.m.
Councilmembers reported out on their ex parte contacts. All Councilmembers reported having met individually with the applicant for a project update between July-September 2025. Additionally, Mayor Wilk reported having met with appellant Mike Heller, and the Viamonte residents.
In-person public comments were received from Steve Rothman; Susanne Rheingruber; Ann Meyer; Dongmei (handout); Howard Gruber (handout); Stephen Black; Bob Asfour; Brianna Morales, Housing Action Coalition; Matt Regan, Bay Area Council; Susan Lee Vick, Joybound People and Pets; Jan Warren; Wendy Taylor-Tanielian, Joybound People and Pets; Alyssa Stone, Joybound People and Pets; Lisa Moore, Joybound People and Pets; Donna Colombo; Mark Orcutt, East Bay Leadership Council; and Jason Lester, U.A. Local 159. Written public comments were received, provided to the City Council and posted online as part of the meeting record.
Rebuttals from Applicant/Appellants:
* Jonathan Fearn, Signature Development Group, representing the applicant. * Mike Heller et al (Appellant #2), provided their presentation. * Steve Elster, Friends of Walnut Creek (Appellant #1)
The City Council asked questions of staff, the applicant and the appellants.
Mayor Wilk closed the public hearing.
City Attorney Steve Mattas stated for the record the Conditions of Approval proposed to be added:
Condition of Approval No. 1:
Provided in the Revised Errata Sheet to the City Council and posted online as part of the meeting record for Attachments 1 and 2 (Resolutions) and states:
Attachment 1 (Resolution related to appeal by Steve Elster):
"The following shall be added as Condition No. 102: Prior to the issuance of any demolition or construction permits, the Applicant shall provide written notice to all property owners within 300 feet of the project site using the addresses on the latest equalized assessment roll, or alternatively using addresses from records of the County Assessor or tax collector if the latter has more recent records, and post on-site notices at least two (2) working days prior to the commencement of any demolition or construction activities. The notice shall include the contractor’s name and contact information for community inquiries. A copy of the notice shall be provided to the City’s Planning Division to verify compliance herewith." and Attachment 2 (Resolution related to appeal by Mike Heller and the Via Monte residents):
"The following shall be added as Condition No. 102: Prior to the issuance of any demolition or construction permits, the Applicant shall provide written notice to all property owners within 300 feet of the project site using the addresses on the latest equalized assessment roll, or alternatively using addresses from records of the County Assessor or tax collector if the latter has more recent records, and post on-site notices at least two (2) working days prior to the commencement of any demolition or construction activities. The notice shall include the contractor’s name and contact information for community inquiries. A copy of the notice shall be provided to the City’s Planning Division to verify compliance herewith." Condition of Approval No. 2:
The Applicant shall construct and maintain during construction an 8-foot green screen fence along Shadelands Drive.
For the record, the Applicant agreed to the two added Conditions of Approval.
Motion by Mayor Pro Tem Francois, second by Silva,
carried
, to ADOPT RESOLUTION NO. 26-18 denying the appeal by Steve Elster on behalf of Friends of Walnut Creek and affirming the Walnut Creek Planning Commission's decision (Resolutions Nos. 4003 and 4004) to certify an Environmental Impact Report and approving Major Subdivision, Design Review, Density Bonus, Tree Removal Permit, and Tree Dripline Encroachment Permit of the Mitchell Townhomes Project located at 2775-2855 Mitchell Drive, 2730-2880 Shadelands Drive, and a portion of 2125 Oak Grove Road; ADOPT RESOLUTION NO. 26-19 denying the appeal by Mike Heller on behalf of and along with additional residents at 2801 Shadelands Drive, known as the Via Monte Complex and affirming the Walnut Creek Planning Commission's decision (Resolutions Nos. 4003 and 4004) to certify an Environmental Impact Report and approving Major Subdivision, Design Review, Density Bonus, Tree Removal Permit, and Tree Dripline Encroachment Permit of the Mitchell Townhomes Project located at 2775-2855 Mitchell Drive, 2730-2880 Shadelands Drive, and a portion of 2125 Oak Grove Road; both resolutions subject to the added Condition of Approval contained in the Revised Errata Sheet as they pertain to Condition No. 102 in each Resolution (and stated above), and the added Condition of Approval related to the 8-foot green screen construction fence (also stated above).
YEAS:
Darling, DeVinney, Silva, Mayor Pro Tem Francois.
NOES:
Mayor Wilk.
5b Agenda Report
Attachment 1 City Council Draft Resolution for Appeal 1 Attachment 2 City Council Draft Resolution for Appeal 2 Attachment 3 Planning Commission Resolutions
Attachment 4 Planning Commission Staff Report
Attachment 5 Appeal 1
Attachment 6 Appeal 2
Attachment 7 - First Carbon Solutions (FCS) Response to Appeals Attachment 8 Applicants Response to Appeals
Attachment 9 Draft EIR (Exhibit A) to Attachments 1 and 2) Appendix A to Attachment 9
Appendix B to Attachment 9
Appendix C to Attachment 9
Appendix D to Attachment 9
Appendix E to Attachment 9
Appendix F to Attachment 9
Appendix G to Attachment 9
Appendix H to Attachment 9
Appendix I to Attachment 9
Appendix J to Attachment 9
Appendix K to Attachment 9
Attachment 10 Final EIR (Exhibit B to Attachments 1 and 2) Attachment 11 Findings of Fact (Exhibit C to Attachments 1 and 2) Appendix 1 to Attachment 10
Appendix 2 to Attachment 10
Attachment 12 Mitigation Monitoring Reporting Program (Exhibit D to Attachments 1 and 2) Attachment 13 Part 1 Project Plans
Attachment 13 Part 2 Project Plans
Attachment 13 Part 3 Landscape Plans
Attachment 13 Part 4 Tentative map plans
Attachment 13 Part 5 Offsite community benefit
Attachment 14 Aerial View and Vicinity Map
Attachment 15 Arborist Report
Attachment 16 Objective Design Standards Checklist
Attachment 17 Applicants Requested Waivers
Attachment 18 Senior Living Alternatives
Attachment 19 Public Comments Prior to Packet Publication Correspondence received after packet publication
Errata Sheet
Revised Errata Sheet
Handouts from public comment x2
6. ADJOURNMENT OF THE REGULAR MEETING OF THE CITY COUNCIL at 11:33 p.m. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Kevin Wilk
2025-26 Mayor of the City of Walnut Creek