2000 oh good evening again and welcome to the to february 6 2024 council regular council meeting
uh would you please join me for the pledge of allegiance i pledge allegiance to the flag
of the united states of america and to the republic for which it stands one nation under
with God, indivisible, with liberty and justice for all.
Thank you.
May we have the roll call, please?
Council Member Francois.
Here.
Council Member Silva.
Here.
Council Member Will.
Here.
Mayor Pro Tem Darlene.
Here.
Mayor Haskew.
Here.
Okay, next on the agenda is a proclamation
in honor of Black History Month
and African American Mental Health Wellness.
And last time, I decided there was too much to read.
This time, this is really important to me,
so I'm going to read the whole thing.
Whereas during Black History Month,
we celebrate many achievements and contributions
made by Black Americans to our economic, cultural, spiritual,
and political development.
Black History Month grew out of an establishment
in 1926 of Negro History Week by Carter G. Woodson
and the Association for the Study of African American Life
and History.
Whereas the 2024 national theme, growth and reflection,
ties in with the final year of the UN's international decade
for people of African descent, the observance
focuses on community, on learning,
and taking action towards creating a more
equitable and just society.
Whereas the observance of Black History Month
calls our attention to the continued need
to battle racism and build a society
that lives up to its democratic ideals.
Whereas the city of Walnut Creek continues
to work toward being an inclusive community
in which all citizens, past, present, and future,
are respected and recognized for their contributions
and potential contributions to the community,
the state, the country, and the world.
Whereas the city of Walnut Creek is proud to honor
the history and contributions of the black Americans
in our community and supports the theme
of honoring black families who are part
of our city landscape, not even half done.
Whereas the city of Walnut Creek is proud to honor
the history and contributions of black Americans
in our community and supports the theme
of honoring black families who are,
did I just read that one?
who are part of our city landscape.
Whereas according to the National Institute of Mental Health
and the National Alliance on Mental Illness,
some mental illnesses are more prevalent
in the black American community
as compared to other groups in the United States.
Whereas mental health and substance use issues
and the devastating impact of COVID-19
are among the leading causes of health challenges
for black Americans in our region.
Whereas the city of Walnut Creek is committed
to empowering black American residents
by promoting the benefits of mental health services
through education, advocacy, policy, development,
raising awareness and decreasing the stigma
surrounding mental health.
Whereas the city of Walnut Creek collaborates
with local government agencies
and community-based organizations
to support the innovative A3 mobile crisis response
housed in Contra Costa Health Services
to expand resources enhancing mental health
in the black American community.
Whereas the city of Walnut Creek supports
and encourages the efforts made
to create the Miles Hall Community Crisis Hub
as an easily accessible regional contract center
for people experiencing a mental health crisis.
Whereas the city of Walnut Creek supports efforts
for local organizations to honor those who have
or are suffering from mental illness
and supports efforts to strengthen families
and their role in sharing history
and shaping the future of our black residents.
And whereas the city of Walnut Creek hereby acknowledges
the designation of February 15th
as Miles Hall Day of Remembrance.
Therefore, I LaWella ask you,
Mayor of the City of Walnut Creek,
on behalf of the Walnut Creek City Council,
to hereby recognize the month of February
as Black History Month,
and further recognize the second week of February
as African American Mental Health Awareness Week,
and offer support and hope for those in Walnut Creek's
black American community who are impacted
by mental illness and honor our black families.
It was an honor to read that.
And accepting this is Mary Taylor.
And she has proven that she works hard for our community.
She was a member of our DII committee.
And she is now in the Chief's Community Advisory Committee.
So, stand there and I'll be right with you.
Okay, that's okay.
Yeah, you may need to catch your breath.
Thank you very much for what you do.
Thank you.
And I actually read this when I was invited
and I was really touched by the wording.
I think that the city really makes great efforts
to try to support and be inclusive.
And I'm very, very, very grateful
and proud to be a resident of Walnut Creek.
And I have with me Linda Elder,
who's also from Rossmore.
And she came with me to accept this.
So thank you so very much to Mayor Haskew
and all of the city council.
Okay, thank you.
And all the other people today.
Thank you, Mary.
Now on to the serious business of the election coming up.
And it is my delight to introduce my friend,
Kristin Connolly, who is the Contra Costa clerk recorder
and registrar of voters,
and soon to have the happy joy of Valentine's Day.
Indeed.
Thank you, Mayor Haskew and Mayor Pro Tem
and council members.
I ask for your indulgence.
Councilmember Wilk has probably heard
the aversion of this three times now.
And no, although if you wanna come up,
you can help, interactive, yes, thank you.
Councilmember Silva, keeping him honest there.
So anyway, so if you, I'm gonna skip over some points,
maybe that you guys are well as well tried and ground,
but I do appreciate valuable time
on your city council agenda.
And by giving me the opportunity to make a presentation,
you can ask questions, we can have a conversation,
which hopefully is more meaningful members of the public
who may be watching either here in the chamber or online.
And so as I stand before you,
we are 28 days away from the March 5th presidential primary.
But there's no question, it's really election month
because that's how the law works in California.
So if you haven't received it already today or tomorrow,
you should get your ballot.
So yes, got your ballot.
Okay, perfect, excellent.
I wanna point out a couple things
for anybody who's listening.
I don't know if you noted that there
is a dark blue stripe on the outside of your envelope.
That's new.
We worked with the Center for Civic Design
as part of our Center for Elections Excellence cohort.
And we redesigned all of our envelopes
to make them clearer, easier to read, plain language.
And we wanted to brand them with our secure drop boxes.
So the envelopes to return your ballot
have a purplish mauve color to pick your descriptor,
not unlike your tie, Councilmember Francois,
without the, yes, there you go, trying to help you out, sir.
And so you have a jumbo newly rewrapped box
on the front of City Hall.
And so I took a picture on my way in,
because I really, there's so much love
that has gone into every word in every language
on your drop boxes.
So you have two here at this at City Hall,
both a regular size and a jumbo.
And just thank you for your partnership
and for working with the county public works department
to get that installed.
I know there's always a lot going on in Walnut Creek
and I sort of think it was,
maybe somebody was gonna install it
the day after Thanksgiving.
I was like, why are you going to the retail capital
to install a jumbo thing on the day after Thanksgiving?
But anyway, please call always
when things like that come up.
Okay, so let's dive in.
Our authority, right, we run fair, timely,
transparent, accurate elections.
That's what we're charged to do under federal and state law.
But we also, Mayor Haskew alluded
to Valentine's Day coming up.
The other part of my job is running
the Clerk Recorder Division.
And actually 50 of our 82 FTEs that were authorized
for in our department work in the Clerk Recorder Division.
And so we are charged with accurately maintaining,
protecting and preserving the official records
for the county.
And we also deal with all kinds of fun life events,
births, marriages.
We do not, if you need your divorce decree,
go to the court, we're not gonna have it,
but we can either marry you first or marry you again.
There's under the law, you have to wait a couple days anyway.
So, but we do have destination wedding events,
one of which is coming up next week.
So we'll be at the Cobra Museum in Martinez
performing destination weddings for Contra Costa residents.
I do think it's important being early
into Black History Month and especially with that timely
and thoughtful resolution that you just read,
I am very happy that the board of supervisors
saw fit to approve two of our Measure X proposals
that were focused on diversity, equity,
inclusion, and belonging.
The first of which is to support a mapping prejudice project
in collaboration with the University of Minnesota.
We're gonna be the first jurisdiction in California
that collaborates with them using their tool
that will help, that will create a map.
Once we work with some volunteers
at the National Park Service,
it's kind of a very interesting collaboration.
but we're gonna be reviewing the public record
for all illegal racial restrictive covenants
so that we can redact that language
and get it out of the public record.
And what the University of Minnesota
is going to do with us is develop a map
of where those historical illegal
racial restrictive covenants,
where they are in our community across the county,
because I think it will be a very important tool
for our communities to better understand history
here in Contra Costa, so I look forward to coming back
and reporting on that to you
and what we learn about Walnut Creek.
So, and the other position, the other project
that got funded is we asked for two new positions
in elections to be diversity equity and inclusion specialists
for elections to help us serve under registered,
under represented and language minorities
across Contra Costa, and so those got funded.
And so we're in the process of developing job descriptions
and getting those folks identified.
So we're very excited.
So let's dive in.
We are an award-winning, I'm tooting my own horn.
We are one of just 16 jurisdictions across the nation
to be a part of the inaugural
Center for Elections Excellence cohort.
That came with $2 million of funding
that we've been able to invest in cyber
and disaster recovery.
And in what you'll be starting to see soon
is a countywide trust in elections campaign
to help us fight through and recognize
that the election's administration profession
has been under assault for the last four years.
And there's some repair that needs to be done.
So we're excited that that grant funding
allows us to do that.
And we also have been recognized nationally
for leading the 11-county Bay Area Votes Coalition,
which is helping us.
And the last point here is we're continuing
to collaborate on new collateral.
And so this is something that I shared
with the mayor's conference,
and I'm happy to make sure that these PDFs actually get to you
if you wanna share them throughout your networks.
In early 2023, about 10 minutes after I got sworn
into office, we had a meeting with all of the 11 counties
and identified what were some key priorities
in preparation for this presidential election.
And two key themes that we wanted to work on is
answering the question, how do I know my vote was counted?
And why does it take so long?
And so the result of this working in collaboration
with a very well-known group called the Elections Group,
put these together and hopefully will help
tell that story for voters.
So we have just over 700,000 registered voters
here in Contra Costa.
I'm gonna just go ahead and skip this one
because I wanna get to Walnut Creek by the numbers.
But I did wanna mention, this is the first time
in the history of the state of California
where we are mailing a ballot to every registered voter
in a partisan presidential primary.
And that actually is incredibly complex
because we have lots of different parties.
We have lots of different ballots
and so many different ballot types.
I'm so grateful to our voting systems team
that spent a lot of time on re-precincting
to clean up the lines in the census
and do the things we weren't able to do
before the 22 election.
And so it's just important.
And the reason that I've highlighted
on this partisan breakdown
of what your registered voters look like
in the city of Walnut Creek,
and I know you guys probably know this better than I do
as the elected city council members,
but 20.5% of the registered voters in Walnut Creek
are designated as no party preference voters.
And so the way that a partisan primary works
is that those voters,
unless they tell us to do something different,
will receive a ballot
that does not have presidential candidates on it.
Now, thanks to some legislative changes
that happened in Sacramento in 2023,
We have a former Santa Cruz clerk
is now the chair of the Assembly Elections Committee.
And so in one level, which it's awesome,
we have one of ours.
Occasionally it's like, oh, what is Gail doing
when there's things that are proposed,
but very, very experienced clerk at the helm there.
And one of the changes was that we are required
to put explicit instructions
on the no-party preference ballots,
so that even if they ignore the postcard we mail in advance,
that when you get your ballot
and you're one of those voters,
You know how you could request a ballot
with presidential candidates on it if you like.
Did want to mention, we have 14 volunteers from Walnut Creek
that have committed to help with the presidential primary.
And your biggest turnout of in-person voting in November
2022 happened at Faith Christian Fellowship
with just under 500 voters.
So this is the postcard we mailed to 156,000 no party
preference voters across Contra Costa in mid-December.
You know, there's nothing else coming in the mail to them.
Unfortunately, we've only heard back from 8,000.
So I should say thank you to the nearly 8,000 NPP voters who
got back to us in response.
But there's a huge gap, right, between 156,000 and 8,000.
And that's why I'm excited to be here
and hope you can help us get the word out.
So if a no party preference voter
is interested in voting in one of these three parties,
the Democratic Party, the American Independent Party,
or the libertarian party,
they can request what's called a crossover ballot.
I did not make up that word, but that is what it is called.
And what that means is that those voters
would receive a ballot that has the presidential candidates
for those parties, but it will not have
the county party committee candidates on it.
Just a little distinction.
There are three political parties
that have decided to do something different,
and they require no party preference voters
to re-register as a member of that political party.
So that's the Republican Party, the Peace and Freedom
Party, or the Green Party.
Those are the rules for those three committees.
Just going to go out on a limb here and say,
it would be easier for voters if all the rules were the same.
But as election administrators, it's not up to us.
These are the laws on the books.
These are the choices those parties have made,
and we need to implement them.
So my message to you here is that for those voters that
gonna get a ballot without any presidential candidates on it. We can
get them a new ballot if they contact us. Our phone number and our email are on
this slide, but also we are in a position because of the technology that we've
invested in in our poll pads and how we organize things. We can serve those
voters any day, if this month, if they want to come any weekday to my office at
555 Escobar, we're doing early voting. We had the machines up and ready to go on
On Monday, people were not knocking down our doors yet.
I'm not going to lie.
I don't know that we've had a single in-person voter yet,
but we're ready.
We've even redesigned it.
It's very cool if you want to come visit,
if you want to come vote.
So early voting is happening in our office.
And then we are grateful that early voting is happening here.
I included this just because I look pretty tall in it.
I did a whole podcast about no party preference voters.
It's my friend Evelyn at the Santa Clara County Voter
registration office and she invited me down
and we spent about 14 minutes doing a cool,
we spent more time but the episode itself
is about 14 minutes talking about all this stuff.
But we are grateful that you are doing in-person voting here
starting on Friday, March 1st, continuing on Saturday
and then on Monday before election day on Tuesday.
So thank you for working with us on that again
between the ballot boxes and being
an in-person voting location.
You'd be hard pressed to find a local jurisdiction
in the county that's doing more to support
were doing in Walnut Creek.
So thank you very much.
And then you'll note the Dropbox locations
that you have in addition to what you have here.
There's a Dropbox on Oak Grove, and there's one on Tice Valley.
So there are lots of ways for people
to drop their ballots off.
But if any of those NPP voters want
to walk in, surrender their ballot,
and be issued either a crossover ballot,
or if they want to re-register in that moment,
they can vote provisionally for those three parties.
And there's a few checks, little hoops
they have to jump through, but those votes will count.
We are set up to take provisional voter registration
at all of our polling places.
Before you move on from the slide,
can we clarify that 1666 North Main Street
is here at City Hall?
Yes.
Front door and back door?
Yes, we got two of them, the jumbo and the regular.
The 2661 Oak Grove Road is the Ignatia Valley Library?
It is the Ignatia Valley Library, indeed.
And the 2100 Tice Valley Road
is Grace Presbyterian Church?
There you go.
See, thank you Council Member Silva being more like,
I've just had these addresses on these various slides
because we're getting out to all 19 cities and towns.
So thank you for clarifying that.
It's much more helpful for people to know that.
Okay, how are we doing by the way on the three and the three
and how it all works?
Any questions?
There's not a quiz.
I know Council Member Darling has been traveling
or Mayor Pro Tem has been traveling.
So stop me if I'm going too fast.
I've got one for you Chris,
on the crossover ballots
and I understand you can go into the office,
but can you actually call the office and ask?
Yeah, absolutely.
Yeah, you can call, get a new ballot sent,
and then you can just mail it in.
You don't have to do anything in person.
That was our goal with the postcards,
but obviously, a lot of people didn't get that.
But all you need to do is call our office
and we'll send you a new one.
When's the deadline?
February 20?
Yeah, February 20.
Yeah, because, well, actually, that's
the deadline for online re-registration, right?
So no, I mean, I don't want to get in trouble with my elections
division, but just call us.
I mean, you want it to be lost in the mail.
You wouldn't want to wait another 27 days at E minus 28
and then call our office.
So if you want to be able to avail yourself
of the convenience of vote by mail,
please do that as soon as possible.
But mail only takes a couple of days,
and we'll send it out to you, and then you can return it.
And again, so I'm covering on this next slide
what the timeline looks like.
And just to your point, Council Member Francois,
under California election code, we accept ballots
up to E plus seven if they're postmarked by election day.
So presumably, if we get that ballot to you on March 5th,
you can turn around and you mail it.
And if it gets to us by March 12th, then that counts.
But as I stand here, we're at E minus 28.
I am pleased that the voter information guides got out
and that seemingly the ballots are doing what they need to do.
I appreciated that our partners at the USPS
and our printer got things in position a day early
because of the bad weather.
So they actually had everything
at the Oakland processing facility on Sunday
instead of Monday in anticipation of how bad the rain was.
So I'm anxiously awaiting mine arriving.
It has not yet.
But at least this election I got my ballot.
I'm gonna get my ballot
after getting my voter information guide,
which is how it's supposed to work.
So how you can help.
So right, this is the ask.
And so many of you do this for us already,
but please communicate with your residents.
You all have great networks, and if there's language,
we can dish up for you to make it easy.
Happy to do that.
You know how to find me.
And so, but please just reinforce
this important information.
Please try to tell the story to no party preference voters
about how they can participate in the presidential election
and that we'll be prepared to serve them
at the polling places.
We have 147 polling places ready to go for March 5th.
Just an extraordinary effort on the part
of our election day operations team
to capture just between five and 10% of the vote.
And so, but we wanna offer all of these options.
So I'd also love your help in encouraging high school
students to participate as student poll workers.
And also, if you would like our staff to come speak
to your youth commission, we just had one of our election
supervisors who's responsible for all the polling places
just spoke to the Pittsburgh Youth Commission
and had a ball.
And so just, I know that you guys do do great things
with your youth commission.
I'd love for you to consider yourself
to be an ambassador for voter registration year round.
There are Walnut Creek residents
that are becoming citizens year round.
You wanna make sure everybody
gets the chance to register.
I would love to figure out a way
to send every 18 year old a birthday card
that's like, hi, welcome to your adulthood
and the responsibility of voting,
but I haven't figured out how to fund that yet.
But we really do wanna encourage young people to vote.
We'd love your help in reinforcing safety messages
with law enforcement.
I've shared an update for law enforcement
about election-specific laws that were changed
and updated in 2023.
I've shared that with Sheriff Livingston
and asked that that be shared out
through the Contra Costa Police Chiefs Association.
They've been a great partner for me
in my early tenure in this job.
I spoke to them last fall,
and also we had a tabletop exercise back in June,
and we're very happy to have enough law enforcement
professionals to be there and inform every single table
of our election staff.
We held that at the Emergency Operations Center
for the County, which really helped us work through
fairly scary scenarios, but we have to be ready
for everything, and so we're happy to do that.
I did wanna just mention that in 2024, Dr. Shirley Weber,
the California Secretary of State, has identified
that she wants to lift up, Fannie Lou Hamer's famous,
I'm so sick and tired of being sick and tired as a theme
to hopefully tap into memories of the Civil Rights Movement
and reminding what people have gone through
in order for the right to vote
because she just really wants to drive up
those turnout numbers.
So I will happily, we will do what we can
through our social media to reinforce the messages
that Dr. Weber's office will be putting out.
And you can check out our website
and follow us on social media.
You'll notice if you go to contracastavote.gov,
we have a popup to try to speak to NPP voters.
And so I borrowed that idea from my good friends
in LA County and so appreciate that our team got that up.
We are easy to reach.
Those are our QR codes for our Instagram
and our TikTok accounts.
Yes, we have TikTok because we're going after the youth vote,
ladies and gentlemen, because the youth vote
is not going in the direction that we want it to.
So you'll see that we had an increase
between 2014 and 2018 and again,
this is just looking at midterm elections.
But we want to do what we can
to reach this 18 to 24 demographic.
So we actually have a TikTok committee
for clerk recorder and one for elections,
and we're having fun and really engaging
with the public in a new way.
So just wanted to plug that.
These are just, you know,
the Committee on Safe and Secure Elections
is the nonprofit that we did our tabletop with.
They have a five-part plan that's best in practice
for elections officials and law enforcement to collaborate.
I just want to tell you, we're doing this,
and we will continue to do this.
And then this is just a snapshot of that pocket guide
that I referred to earlier.
So thank you for putting up with this presentation
if you've heard it multiple times
and thank you for your service to our community
and I'm happy to open it to any questions.
Are there any questions besides the one we asked?
I brought up a question before that I think,
that I was interested in and maybe you could help.
So we've got four registered voters at our house.
We've got four big pamphlets of all the information.
Is there a way to be able to be more efficient, cut down
on paper usage, cut down on postage,
and have one per household?
That's actually how the state does it.
The state has one voter guide per household.
The county has a policy of having a voter
guide for every voter.
And that's because voters come in all slices and sizes.
So you might have voters that, if everybody's
registered in the same party, they could all
use the same book, for example.
But the book would look pretty different for people
if you were each in a different political party.
So I'm happy to explore what that would look like.
And hopefully we'll see some innovations.
And I mean, I have had to set aside my identity
as an environmentalist.
The amount of paper it takes to run an election is shocking.
Like if you were at SAW, what we have to do just
to test our machines for logic and accuracy
and the amount of paper that takes,
it is a shocking amount of paper.
But I would love to think about how to do that.
It's just been our tradition
that every voter gets their own ballot,
I mean, their own voter guide.
You may be able to fund those birthday cards.
Maybe I can fund the birthday cards, there you go.
I'll look into that.
Other questions or comments, suggestions?
Yes, Matt?
So, Christian, thank you for the presentation.
This is great information.
Just to confirm then, we have two boxes now at City Hall.
And voters can feel safe in putting their ballot
in either the big box in front or the small box in the back.
They both get collected by your office.
The big box is a reflection of how full your box gets
and the pace at which it gets full.
So we made some decisions and some investments
in what we call the jumbos.
So now we have some jumbos.
Danville Park and Ride also very popular.
And so the way that responsibility works is that it's on our election staff.
It's our job.
Contra Costa workers are picking up those secure drop boxes.
They started the week before ballots went out.
They were out testing their routes, figuring out how far, how long it takes to get between
drop boxes and how frequently they should be emptying them.
It's a whole process that our election day operations team handles.
That's partly why I tell people just put them in the mail, because then we don't have to,
we're not responsible for them, they just magically show up.
But again, voters in Contra Costa, about half of their vote by mail comes in through our
secure drop boxes.
They're exactly the same.
You can put them in any drop box in any city, in any jurisdiction in Contra Costa.
Also if you found yourself putting your ballot in a secure drop box in Alameda County or
Solano County, by law they have to get those to us and your votes will count.
There is a whole county to county swap that happens during the Canvas, Canvas with two
S's.
It's what we call the counting, and so that happens.
Also, people will send us ballots that are not from this election, so those get sorted
out.
But thankfully, in general, people are very well behaved about what they're putting in
our drop boxes.
I will say, we have a toll-free number,
which is another legal requirement now,
on every Dropbox for voters to report if they have problems.
So during the day, that is staffed by a live human,
and at night, we've set up a distribution via email
to send the recorded messages to folks.
And I have let law enforcement know
what my cell phone number is
and what our assistant registrar,
what her phone number is.
So in the event that one of the Dropboxes
is compromised somehow,
I don't know how you would do it, but for example,
if somehow it were on fire,
or if there was something that was really compromising it.
We've let law enforcement know what we need from them
to participate, but yeah.
Thank you.
I didn't mean to go down too far, but we're gonna pull back.
No, this is great, this is all good information.
And then just to confirm, does every voter get an email
or a text from the Secretary of State in your office
that the voter guide went out or their ballot went out,
and then when it's returned,
when it's been received by your office?
Yeah, you're actually talking about the ballot track system
that is something that the Secretary of State's office runs.
And so you get that, and I get that,
because we signed up for it.
So you have to sign up for it
through the Secretary of State's website.
I really encourage everyone to do it.
It's such a nice thing to get and some nice reassurance.
And the feedback, when they have surveyed people
about ballot tracks,
it's one of the most highly rated government functions.
Like people just think it's a cool thing.
So our office doesn't have to do any of that.
I mean, our systems with how we report our ballot processing,
we do our part, but the state actually
sends out those notifications.
And they just are for the ballot,
not for the voter information guide.
It provides me some assurance,
and I bet it does for other people, too.
It's like, oh good, it got, it's coming,
or it got received.
And then just finally, on the no party preference,
being able to vote in the primary,
you indicated you only had received
about 8,000 out of 150,000.
Are you looking at other methods
to try to get those out versus postcards, or I'm not sure.
Yeah, no.
So for us, right, we have to think about the cost benefit.
We've actually, we're excited that we finally
have green lit using the emails we
have from our registered voters.
We have about 380,000 emails of our registered voters.
And prior to me taking office, we never
used them for anything, for communicating to voters at all.
Because we thought we couldn't.
But I was like, hmm, we have those for an official reason.
And so we're going to be thinking about how
we can be communicating that, communicating out better,
using those methods.
Also, because there was a little bit of a debate about whether
or not, and you don't want to make people grumpy.
You have to give them an ability to unsubscribe from things,
all those caveats.
But for voters for whom we have cell phone numbers,
we actually are working on, I don't
want to get myself in trouble, but we're
hoping to launch a pilot where anyone whose signature
gets rejected when they send their ballot in,
we send them a certified letter.
And we're hoping to have a pilot,
because we're now authorized to do it under election code,
where we can have those people cure that signature
using their phone.
So in that letter, we're gonna mail them, hopefully,
will be instructions about what they need to text
in order to make that happen.
We're still working on all the details to pilot that.
but we want to make it as easy as possible,
no matter what piece of the elections puzzle you're in,
for voters to get from start to finish.
Yeah, so we're trying to think about
how to be more innovative,
because obviously a postcard at the Holiday Times
didn't work very well for most of those voters.
Well, thank you, and keep up the great work.
Sure, thank you.
I just wanted to say the postcards at our house did work
because they were presented to the two young voters
who are no party preference, and they said,
Yeah, we're good.
But I do appreciate the jumbo box,
because there was one year where I was coming in
for a council meeting.
I had everybody's ballots, and the ballot box was full.
So I had to find amongst the people standing there
the most reliable-looking person to give our votes,
our ballots, to say, when they come to pick these up,
please make sure these get in.
Yes.
If you do, and again, if you do ever encounter a box that's
full, you can call us.
And also, you can just pop those in the USPS, right?
because it's really important that ballots be with.
And my reliable person did actually give to them.
Because it all worked.
Thank you all for everything you've done.
I was just, thank you very much for the work.
And it's exciting to see somebody
who's so excited about elections.
No, I do love my job.
I think it's one of the most important things
that we do in our communities to not only preserve democracy,
but just to take action and have our voices heard.
And so it is really important to have a clerk or a quarter who is as excited and interested in making it work better for all of us.
And when you drop that ballot, I got ballot tracks in the email in an email yesterday.
So they already know that my ballot is moving somewhere and it's in my hands today.
Thank you. Excellent. Thank you.
OK, it looks like they've asked all the questions.
I just want to say, holy cow, what did you have for dinner?
because you are just so energetic and so exciting.
And I, this is my second time and I still learned more
than I did from the first time
because you got it fancier, I have no idea.
Thank you so much for taking all the time
for going to all the cities and the mayor's conferences
and all those sort of things.
Our community is better for your efforts.
Well, thank you very much, Mayor Haskew.
And I did just wanna close by thanking your clerk staff
who made it possible for me to present
to the Pinal City Council
from one of your conference rooms earlier this evening.
So, and my deputy is giving public comment in Concord
and my assistant registrar is out in Clayton.
So we are fanning out,
but your city clerk's office made that possible.
So thank you very much.
Thank you.
And next on the agenda is the consent calendar.
Does anybody of the community have any item
that they wish to pull?
I know I'm supposed to ask the council first but I'm not.
So I'm not seeing any, is there anybody on,
say what?
Is there anybody on the video?
We're not on Zoom, we're all on Zoom.
We're not on Zoom.
We're not on Zoom anymore, wow.
Move to approve the consent calendar,
items two A through C.
Second.
Okay, we have a move and a second.
If you take a vote, we all seconded it.
I heard the person closest I'm still trying to find out where I am on the agenda, so yeah, okay, so
May I have a roll call vote actually council member will I council member Francois, right? Council member Silva
I a pro tem Darlene. I mayor haskew. I motion carries unanimously. Thank you
All right, this portion of the meeting we're on to public communications is reserved for comment on items
not on the agenda. Under the Brown Act, the Council cannot act on items raised during
public communications but may respond briefly to statements made or questions posed, request
clarifications or refer them to the staff. Consistent with section 9.5 of the City Council
Handbook, 30 minutes will be allocated for this time of public communications for items
not on the agenda. If there's any that haven't gotten used up in that 30 minute we will use
the end of the meeting until people have nothing left to say. Written comments submitted have been
posted to the city's website for public review and are included in the meeting record but will not be
separately read into the record. At this time I will note that it is 20 to 7 and
that means that the 30-minute thing ends at 10 after 8, 7. There, be
consistent, Luella. So 27, 20 is there. Do we have anybody here who wishes to make a
public comment. Good evening my name is Gilda Gonzalez and I'm the CEO of
Planned Parenthood Northern California. In April it will be two years since the
Walnut Creek City Council approved the reproductive health buffer zone
ordinance for our Walnut Creek Health Center and since the passage of the
ordinance we have seen unfortunately an increase in protester activity and the
The use of amplified sound through Bluetooth microphones, speakers, and other noise amplifiers.
They harass patients and staff and often shout derogatory slurs.
I was really moved tonight by the last two presentations that beautifully promoted how
Walnut Creek thinks about inclusion and preserving the dignity of its citizen.
And what's happening outside our Walnut Creek Health Center is not dignified nor respectful.
Given this year's high stakes elections, we are sure that anti-abortionists will be
more confrontational and at times violent.
That is why we must act now and prevent the serious safety threat.
So I appeal and ask the city to adopt a quiet zone ordinance that ends the use of electronic
speakers and sound amplifiers within 100 feet of a health center.
By enacting a noise ordinance in Walnut Creek, the community can ensure a peaceful and respectful
atmosphere for patients and our health care providers.
In this new era of post row, it is up to local jurisdictions to find ways to protect reproductive
health care providers and secure patient access.
Our patients and our staff need your leadership now.
My staff has provided you with a model ordinance, and we look forward to being collaborative
partners and finding solutions to keep us all safe.
Thank you.
Thank you.
Next speaker please.
Good evening, Mayor Hask you, City Council members, I'm Kathy Hemingway, Executive
Director with Walnut Creek Downtown Association. Just wanted to come and
share a brief update in regards to one of our programs, Walnut Creek on Ice. The
Ice Rank returned for the 18th season and concluded its four-week season on
January 15th, one and I'm happy to share that we saw an increase, a slight
increase of 6% this year and that's significant because this year's season
was four weeks as opposed to last year we had a six-week run. So we were
grateful to the community for supporting this program and we added a couple of
components including fireside pits through a rinkside experience and also
brought back hockey which was a really very popular component to the rink. We'll
be able to share some final numbers once the the ice rink committee meets with
special ice our ice rink operator next week for the final recap but we
appreciate your support and we appreciate the support of the
presenting sponsor visit Walnut Creek and then a couple of our other major
sponsors include Mechanics Bank, Kaiser Walnut Creek and Terranova Industries so
we will be back with more but I just wanted to share and that is we've had a
a couple of questions on how the rink went, particularly since it was a four-week or shorter
season. And then on a side note, for Walnut Creek downtown's programs and events, our schedule for
the 2024 year ahead has been released. So for all of those details, you can find that on our website,
walnutcreekdowntown.com. Thank you. Thank you, Ann. The ice was wonderful. That's great.
You are out there quite a bit four times. We appreciate that. Thank you. Thank you
Next speaker, please
Good evening, honorable city council members and mayor haskew
My name is david harder and i've lived in walnut creek since 1987
My purpose this evening is to demonstrate that the proposed aquatic center changing rooms are inadequate
Also why you should fix this given power of the purse
Slide one on your handout shows the proposed pools
and the changing room location.
Slide two shows the proposed changing room floor plan
with 18 feet of bench.
The slide three in large detail shows the proposed changing
area and square feet.
Slide four shows the existing Clark Pool changing area
which I measured.
The architects have replaced Clark's 325 square feet
and 70 feet of bench with 140 square feet
and 18 feet of bench.
This is insufficient not to say defective.
We are missing almost 400 square feet
for the men's and women's combined.
At the trunk and treat meeting last fall,
I asked the architect if his firm had ever
designed an aquatic center.
He said, no.
You have so far paid these amateurs $1 million
with more to come.
I urge you to assign the aquatic design group already
on payroll to design the aquatic center floor plan.
They have designed hundreds of aquatic facilities
and received over 300 awards for that work.
These proven professionals should design the Aquatic Center floor plan and stamp those construction drawings.
Anything less simply throws good money after bed.
Thank you. Any questions?
I don't see any. Thank you.
Anybody else wish to make a public comment?
Speak now or forever after.
Okay, seeing no one, we're moving on to the next item.
Actually, I do. Oh.
I was just going to ask, we had a question we have talked previously about revisiting the planned
parenthood noise ordinance and I think we I'd want to check in with the city manager on the
timing so that the commenter can know where we are. Yeah Dan Buckshi, city manager, yes your
council did provide a prior direction to come back with an updated ordinance. We are targeting
the April 2nd meeting to do just that.
And could I ask a follow-up question on that?
Is the police department currently and actively recording the calls that are coming in and
making sure that activity at least is not getting violent?
To the extent that they receive calls, they certainly record them, yes.
and if Captain Hibbs would like to expound upon that.
Good evening, Madam Mayor and City Council, Brian Hibbs,
Operations Captain Walnut Creek Police Department.
We are compiling calls for service at Planned Parenthood
and we are actively working with the city attorney's office
to draft a sound ordinance as an addendum
and we should have a recommendation to you by April.
Great, thank you.
Thank you.
And I have a question to follow up.
Mr. Harder has raised an issue about the architects
that are assigned to do the aquatics portion
of the community center and aquatics facility.
Can, city manager, can you clarify the role
of the aquatics design group
or ask the public works director to do that?
So I see we both have our arts and recreation director
and public works director.
I'll let them draw straws here
if we want to answer that in more detail.
Thank you Council Member for the record, Kevin Sabine, Director of Arts and Recreation.
To your question, Aquatic Design Group is intimately involved in this project working
closely with Nolan Tam, the other project architect, the lead project architect on this
project and they are helping us closely every step of the way with the design of the aquatic
facility.
So they are assigned to do that portion of the work.
They're working, Nolan Tam is the lead aquatic sign group,
is a subcontractor to them working closely
on this project, evaluating all of the components
of the aquatic facility.
So the expert's doing the work?
The expert and his team are doing the work, correct.
Great, thank you.
Thank you.
Well, okay.
All right, next on the agenda is council member
and staff announcements, reports on activities
or requests, city attorney?
Madam Mayor, there were no reportable actions
from closed session this evening.
Thank you, city manager.
Yeah, good evening, just two updates.
First, as you've probably noticed,
we do have a new face at the dais here,
and I would like to introduce our new deputy city clerk,
Elena Branson, and I really hope I got that right.
I practiced it multiple times,
so I got a thumbs up, so I'm very relieved.
So she just started last week.
Welcome to Walnut Creek.
We're thrilled to have you here,
and I'm sure we'll see you at many future meetings.
The other update that I wanted to share
was a quick storm update. Obviously, there was heavy wind and rain events. Walnut Creek
was not as impacted as obviously some of the other areas of the state in terms of the amount
of rain, but the winds were extremely high. There were numerous downed trees that impacted
power lines as well as closed intersections. And do you want to thank all the extra effort
by our public works crews, our police crews, as you can imagine, we're working in the wind
in the rain primarily on Sunday and Monday
to clear those intersections roadways as quickly as possible.
Ignacio Valley Road was closed for a bit,
which as we know is a major thoroughfare
that sees up to 70,000 vehicles a day.
And when it's closed even for a short period of time,
traffic has rerouted and becomes very problematic.
So that was a high priority for our team working in concert
with PG&E and it was reopened
before the morning commute Monday.
A couple lanes were closed yesterday afternoon
to restore power to the area that was done
and everything is fully open again.
So great work by everybody involved
and appreciate everybody's efforts and that's it, Mayor.
Thank you, amen.
I was one of the houses that didn't have power
for an extended period of time.
And boy, when the heater went on,
I just pretty much yodeled, I was so happy.
Okay, let me start with somebody
who hasn't been around the neighborhood for a while.
your report should be so small.
My report on events over the last three weeks is very small.
We took an extended family trip down to South America
to see Patagonia and the only thing I have to report back
is that it is important to recognize the sustainability aspect
because the glaciers down there are in tremendous retreat
and I'm glad that our city is doing its part
to make the world more sustainable.
So those kinds of magic places stay for the next generation.
Excellently said I almost called you mayor per town councilmember Silva
Thank you mayor. Thank you everyone one for being here this evening a few things to report
I will leave the John Muir Cancer Center celebration
announcement to the mayor if that's was very special and also a number of us were at the
celebration at Rossmore ten days ago for the
We'll call it a groundbreaking, but it's not really a groundbreaking, but for shaded fuel break. So this is an extended
Tree covered but they're going to clear the ground so that there's less likely to reduce the likelihood of
wildland urban fires and round Rossmore it will extend into Lafayette and eventually to Moraga as well
this is being funded by a three million dollar plus grant from
Cal Fire through the Office of Emergency Services of Governor Newsom, and it was exciting that it's getting going and we hope it will help to prevent it will help prevent wildland fires.
The recent meeting at the Walnut Creek Homeless Task Force, we got an update on how the winter night shelter is going and they've been working with about 90 of the under or unhoused providing services, not that they're there every night because we have a capacity on that.
but they are supporting the unhoused and it's really important.
About 10 days ago was the annual point in time count. It's a national
counting of the unhoused across communities across the United States
done through the Federal Housing and Urban Development Administration
and they had about 200 volunteers in the field to do it and I want to thank those
from Walnut Creek's police department and the county fire etc who helped to
volunteer to do that because it's a it's a heavy lift that early in the morning
to help determine how many unhoused we have in our communities and Loaves and
Fishes is a nonprofit in the area and they are serving meals every day at the
Trinity Center but they've also now kicked off their program to for culinary
training it's not a chef's program as much as it's a kitchen support program
and a serving support program so that those who are of lower incomes can get
jobs in our communities in the restaurant business so we hope that works successfully.
And with the mayor two weekends ago I was able to participate in an appointments workshop
for local women who are interested in being appointed or elected to office and it was
sponsored by the county commission on women and California women lead and the workshop
was led by former state assembly member Katherine Baker who is now a member of the statewide
political practices Commission board and that was very interesting to be able to
participate in that thank you very much. Councilmember Wilk. Thank you well a few
things to report I am on the Cal Cities Environmental Quality Policy Committee
we had our first meeting well I guess it was our second official meeting but the
first actual substantive meeting an adoption of the 2024 work plan which
informs the staff and the committee in the lobbyists up in Sacramento of the
work that we're going to be targeting so we have our we have our top three
priorities these are not limited just to these three there were a lot to go over
in environmental quality especially in California but the top three are
climate change resiliency the second is water and that includes water
conservation groundwater everything water and the third is energy and
utilities and I think as a lot of us can attest in Walnut Creek that's very
important we want to make sure that we have consistent energy at all times
throughout the year. But that also means that there's other areas that are going
to have focus at one time or another throughout the year, which will include
air quality, CEQA streamlining, coastal risk, disaster emergency preparedness, and
we know that's a big issue especially we just heard with the firebreak at
Rossmore, wind and solar energy, solid waste and recycling, and plastic and
microplastic recycling. So there's a lot going on when it comes to environmental
and environmental quality within California. I'm also on the board of
directors for County Connection for our transportation
in the Central Contra Costa.
And I did want to let staff and the community know
that there is a new SB210 law which CARB implemented
and added an unexpected fee at the public works level.
I don't know if we're familiar with this in Walnut Creek.
It was really a surprise to County Connection
and actually to a lot of public agencies.
But essentially what it's called is the truck check rule,
the truck check rule car, which is that heavy duty diesel vehicles over 14,000 pounds, of
which Walnut Creek has plenty of those, are now having to register annually through CARB
instead of registration once over the life of the vehicle.
And also, emission tests have to occur semi-annually now.
So for our own public works, this is important to check with representatives and also talk
with County Connection if you have any questions because MTC is very involved in this right
now.
This affects truly every public agency.
As a liaison to Rossmore, I was alerted to a problem, and I think a few of the council
members here may know, but just to ensure that everybody knows about this, they're having
a problem getting insurance renewals for their homes.
We've heard of some of the issues when it comes to insurance, getting home insurance
period in California right now, but this means that people in Rossmore specifically, they're
not able to get mortgages.
They're worried about the property values moving forward due to the loans not being
warrantable and refinancing can be very difficult.
So this is certainly a state issue.
This isn't at the city level, but this is something that's really impacting a lot of
our community.
And I'm glad Casey's here that we're going to be hearing later about this because this
is something that is really a serious issue moving forward.
And they have talking to our state reps as well, but again, just bubbling this up to
our city council level.
Lastly, on a much more fun note, there is an arts and rec job fair.
It's occurring on this Thursday.
It is on 4.30 to 6.30 at the Shadelands Arts Center.
Lots of jobs available over the summer.
So anybody that's listening to this that has, whether you have teenagers or people looking
for jobs as summer camp counselors, lifeguards, building attendance, coaches, I coached for
many years, gym attendance, preschool co-teachers,
ticket agents, house managers, and more.
So, shalings, arts and rec, job fair,
Thursday, 4.30 to 6.30.
Be there if you need this.
That's my report.
And well sold.
Council member Francois.
Thank you, Mayor.
As a liaison to the Chamber of Commerce,
I attended their January 18th meeting.
Some events that are upcoming are, of course,
annual East Bay Women's Conference. For the second year in a row, it will be held
at the Lesher Center, so Walnut Creek is proud to host that major conference
right here in town two blocks over. That'll be on March 5th, and the keynote
speakers are Felicia Hatcher, Allison Massari, and Kelly Swanson, East Bay
Women's Conference, March 5th. Get your tickets now. It will sell out. It does
every year. This is the second year we're hosting it here in Walnut Creek. The
The chamber will be hosting the Future of the Region conference in late March.
I believe we all have that on our calendars and that's at a, I think a location to be
determined.
So the mayor's aware of that and I believe is participating and speaking at that.
The Art and Wine Festival will be held June 1st and June 2nd out at Heather Farm Park.
That's always a fun event.
So put that on your calendar.
That's my chamber update.
On Recycle Smart, we had a meeting late last month, Mayor and a council member, Silva and
I serve on that board which oversees solid waste organics and recycling for the six member
entities of that JPA, which Walnut Creek is one of them.
And we adopted our rate year 10 rates.
Not a surprise, there is an increase in the rates, but it's a pretty modest increase of
of about 5%, essentially CPI.
And what I always like is looking at the chart
that shows Walnut Creek compared to all the other
jurisdictions in Contra Costa County
and some in Alameda County because we are at the very bottom
meaning we have the very lowest garbage rates
among those entities.
As primarily due to not, we negotiated a great deal
I'd like to say, council member Silberman I did,
But it's because of a lot of the commercial entities that we have in Walnut Creek that
are helping kind of even out the rates for a lot of residents here.
So the average resident in Walnut Creek pays $29.59 for garbage service.
At the high end is Arinda at $62.
And if you can believe it, people in Piedmont are paying $100 a month for garbage service.
And I would also note that both Councilmember Silva and I are serving on ad hoc committees
related to the selection of a new consultant for our contracts to provide the collection
services and the post-collection services.
We're about two years from those, or more, from those contracts expiring and we formed
ad hoc committees and we're both serving on ad hoc committees to help move that along
for for the full board consideration. I did attend the bash event hosted by the
chamber at pizzolina pizzeria in the country wood shopping center and that
was a fun event and dashed out of there and councilmember Silva attended that as
well to attend the East Bay Leadership Council meeting or no event the East Bay
Leadership series with keynote speaker John Quinones from ABC News who hosts I
I believe it's something like, what would you do?
And kind of it's the old candid camera type for those
who remember that show.
But these are kind of more ethical dilemmas that he puts
people in, including, you know, he gave an example of a
person that was kind of lying on the ground at a subway
station and watching person after person after person
pass this person by, no one offering help until someone
else who was unhoused stopped and helped this person.
So good reminder that let's all try to be kind out there.
And if you see somebody who needs help, offer a hand.
I'm going to let the mayor talk about the Cancer Center
opening, which we all attended and was a great event.
And then just close out today that I
had the pleasure of presenting to Mrs. Enloe's 7th grade core
class at Sequoia Middle School.
And that's because one of her students, Luke Chang,
who lives in Walnut Creek and attends Sequoia,
wrote to me last fall and said that they'd been studying
about leadership in their class, including Julius Caesar.
He made some very favorable comparisons
between the Walnut Creek City Council and Julius Caesar.
And ended his letter by encouraging us
not to invade Concord and inviting me to attend his class,
which I did today, and I thoroughly enjoyed that.
And that's my report.
Okay, thank you.
I guess I'm gonna start with the burying center and...
No invasion plans.
Yeah, no, no, no, not yet.
So I'm gonna start with the burying cancer building
at John Muir Hospital, which is on the outside,
unmitigatedly a beautifully designed building
and on the inside an incredible accumulation
of state-of-the-art ways to treat patients
who are concerned about cancer or have cancer.
And it was just breathtakingly.
An MRI machine probably isn't breathtakingly beautiful.
But when it was explained to us how fast it was
and what it was doing, I sort of got fond of it.
So they're doing a great job.
And if you have a chance, the artwork in the building
is absolutely stunning.
They have a quiet garden, and they have a mural that is lit.
And it is at nighttime just absolutely breathtaking.
And I think of all the people in our community
and outside of our community who are
going to get great service from people who really
care about going through the cancer stuff, all requiring a great deal of comfort.
On my other job, which nobody ever, I'm on the Contra Costa Transportation Authority
Commission and with that comes the Planning Committee and voting about things and the
the Accessible Transportation Committee,
which I am now chair of, of which I am now chair and,
and it turns out I'm also on the Innovate 680 thing.
So pretty much I'm supposed to know everything there is
to know about Contra Costa transportation.
If you ask me anything, keep the question very simple.
I listen well.
I don't necessarily absorb everything
as they talk in acronyms.
But it still is an important organization
and we are looking at renewing the urban limit lines
for all the cities,
making the programs for safe routes to school countywide.
And we're trying to make sure
that all our cities are in compliance
so that they can get the maximum amount of allotments
from our measure J, which is a sales tax thing
that we passed in the county a long time ago.
And that's it.
I went to the
Reven Tax Committee for the state of,
for the League of Cities,
and we talked about sales tax
and keeping the sales tax fair,
with the substitutes for gas tax,
and the fact that the state kind of announced
they were really short of money,
and that makes every city really nervous,
Because sometimes they reach down and take,
not only don't they give the money they promise us,
but they take the money we already have.
So we discussed issues that would come up from that.
That being the end of my report,
I think we're ready to go on to the public hearing.
And let's start the public hearing
by checking in with the council
to see if there were any ex parte.
No, no, no, somebody somebody out there should have stuck their hand up and reminded me there is a legislative agenda
So sorry, I apologize. I raced right through
Trying to get the meeting over by 10
Good evening mayor council members members of the public. My name is Carla Hanson. I'm the deputy city manager
The item before you is our proposed 2024 legislative agenda and each year the council adopts considers and adopts a state legislative agenda
which provides guidance to our lobbyists in Sacramento and they act on our behalf as our
voice on all state legislation.
So our legislative committee, which comprises of the mayor and Mayor Pro Tem came together,
reviewed the proposed edits, proposed additional edits to the legislative agenda, which is now
recommended for your consideration and approval this evening.
In your agenda packet, it contains two attachments, one that has the proposed edits and then a
clean version to make it easier to read. There were additional edits submitted as
an addendum so that addendum is with you at the dais for your reference for
discussion through the item. Before we get into the legislative agenda we do
have an update from our lobbyist Casey Elliott who's the vice president of
towns and public affairs and he's gonna look in his crystal ball and tell us
all what's going to happen this year with state all things state related and especially
the budget and state legislative matters. So with that I will hand it over to Casey thank you.
Thank you Carla good evening everyone Casey Elliott Vice President towns and public affairs.
As Carla mentioned we will be providing an update on the city's proposed legislative platform
for your consideration and adoption. First I wanted to provide just a brief context of kind
kind of where we are within the state legislative process.
The legislature gabbled in at the beginning of January
for the second year of their two-year session.
The second year of a two-year session is important
because essentially any bill that doesn't meet
various deadlines along the way is done.
Whereas on the first year of a session,
you can work over a two-year period
on some more complex issues.
There is more urgency with most of the bills
because if they do not get approved this year,
they will need to be reintroduced brand new next year
under a new legislature and all of that that brings.
We would anticipate approximately 2,000 bills
to being introduced this year.
In addition, we will,
since it is the second year of a session,
we do have some carryover from bills
that were introduced last year,
probably in the range of 300 or so bills
that'll get considered as two year bills.
The bill introduction deadline is a week from Friday,
February 16th, as of yesterday,
I think there were about 400 or so
of those 2000 bills were introduced.
So the next 10 days, there will be a lot of bills
introduced on topics big and small.
Though I do not anticipate any municipal invasion bills,
but I will now be on the lookout
to make sure that nothing happens there.
The big issues that we do anticipate this year,
continuations of themes from last year,
largely housing and homelessness, public safety,
retail theft, as was already mentioned, climate resiliency,
and then we'll have other issues compounded
given that it is an election year,
the legislature has not done placing measures
on the ballot for this year.
As we briefly look at housing and homelessness,
the past number of years have been very local government
focused, various streamlining efforts in efforts
to increase housing production.
Hopefully we'll see a little bit of a calming of that
while the legislature lets some of the recently enacted bills
take effect and see how those actually get implemented
on the ground.
That said, I do think that we'll see bills
on some of the previous efforts.
Some revisiting ADU law, some other prior topics
that we've seen such as potentially impact fees
or other elements.
So I think that the legislature is going
to stay busy in this.
There's also additional court case, a major court case
we're anticipating a ruling on related to encampments.
Depending upon how that court case comes out
in the next month, we could see a lot of
legislative activity related to what local governments
can do, dealing with local encampments.
As we talk about public safety and particularly
retail theft, broad issue everywhere across the state.
Obviously there's been experience locally with this issue.
Hopefully we're nearing a sense of something being done.
The legislature historically has been hesitant
to add new felonies, expand on misdemeanors.
However, I think we're seeing a critical mass.
We've seen proposals from Democrats, from Republicans,
from Northern California, Central Valley,
Southern California, even Governor Newsom in the news
earlier this week was at a local target in Sacramento
and observed retail theft firsthand.
So I think that there is a sense of urgency,
whether or not that, how that materializes,
I think is still yet to be seen,
but I do think that we will see
a relatively substantive proposal in this area this year.
And then as it relates to climate resiliency,
obviously given the weather, the climate change,
the impacts from wet years, dry years,
the impacts from sea level rise, flooding, drought,
we'll continue to see an emphasis
as it relates to CEQA, CEQA interfacing with housing,
development in coastal areas, air quality.
So many of the items that Councilmember Francois mentioned,
I think we're gonna be seeing the legislature consider.
And then lastly, and I will talk a little bit more
in a minute about statewide measures,
the legislature is considering a couple of different measures
in specific, some bond measures to place on the ballot,
the legislature has until the end of June
to place measures on the ballot.
The state budget.
The state budget is gonna be an overriding theme this year
in Sacramento.
As you saw in November,
the legislative analyst's office projected
a very large budget deficit neighborhood of $68 billion.
The governor, when he introduced his January budget,
it addressed a $38 billion budget deficit.
I will say that those numbers are not as far apart
as they appear, many of the underlying baseline assumptions
that the governor used as part of his budget,
solve what the LAO described.
That said, when you kind of look at apples to apples,
the LAO still believes that there's about a $10 billion gap
between what the administration is proposing to solve
in their January budget and what the LAO thinks is a problem.
Additionally, we're already seeing the January revenues
into the state are coming in below the projections
that were factored into the governor's January budget.
So as the state moves through to April 15th
in tax collection deadline,
it's gonna be very important to see
where those numbers come back,
which will get factored into the May revise
because those may result in additional budget solutions
being needed to be found
in order to address the deficit, the current deficit.
Should also note that the governor's budget,
even if everything went exactly according to plan,
would result in multiple out-year significant budget
deficits in the neighborhood of $20 billion to $30 billion
over the next several budget years.
So this is not the last we'll have of this conversation.
The governor's January budget tries
to minimize the impacts of addressing
such a large deficit.
While there are cuts within the budget,
to the tune of $8.5 billion, $9 billion,
it does utilize pretty much every trick
in the state's budget.
So utilizing rainy day funds and reserves,
like I said, cuts and reductions,
deferrals of previously approved spending,
shifting from general fund to special funds.
So really the administration has put forward a budget
that tries to spread out the impact
and not just to significant cuts.
Also, there's one proposal within the budget
that would raise some revenue
for healthcare-related purposes,
but for the most part,
the budget does not contemplate new revenue
as part of the solutions.
Additionally, since part of the budget deficit
is brought about by the delay
in the tax filing deadline till November,
part of the budget deficit is in not only the current year,
but in the 22-23 concluded budget year,
so we will see the legislature and administration
take some early actions to address some items
that they can in the current year budget,
as well as budgets that have already been closed out.
So we'll have to see where that goes.
Obviously, as was already noted,
there's definitely an acute awareness
of the legislature and the administration's history
of looking to local governments
to help solve budget gaps.
There are a few items in place, Proposition 1A,
some other protections since we went through
some of those significant budget deficits
in the Schwarzenegger, Brown, and Davis administrations.
So hopefully it won't be as bad, but at a minimum,
I think that we will be looking at funding programs
that the city looks at.
We'll be on delayed cycles.
We'll maybe have less funding available to apply for.
So we will see some impacts.
Obviously, we'll try to minimize the direct impacts
to the city as much as possible.
As I noted earlier, it is a ballot year.
It's an election year, as you heard earlier.
The legislature will be engaged in the election
and preparing for the election,
putting items on the election.
As we look at legislative ballot initiatives,
we have Proposition 1,
which will appear on the March ballot,
which is the governor's mental health funding initiative,
which would repurpose some existing state revenues
to help provide funding for particularly vulnerable populations
to address mental health issues.
At the end of last session, we also saw activity related to ACA 1 and ACA 13,
which will appear on the November ballot.
Also, the Taxpayer Protection Act, all three of those deal with abilities
for local governments to raise revenue and at what various thresholds.
I should note that on ACA 13 taxpayer protection and ACA 1,
since those do appear in November, there is an opportunity for the proponents,
in the case of the Taxpayer Protection Act or the legislature,
to make additional modifications to those things, again, prior to June 27th.
Additionally, we have items that have already qualified for the ballot
that can be placed on November, assuming that the proponents do not pull them back,
which include new revenue of new tax revenues
for high-income earners to help fund items
for pandemic detection, increases in minimum wage,
as well as an item that would expand local authority
over rent control.
So again, proponent initiatives, I think there's,
as of this morning, I think there's 29 initiative proposals
that are currently out on the streets gathering signatures.
So there's likely gonna be more change
for the November ballot, and then lastly, the legislature,
as I noted earlier, is still considering a couple
of bond measures that they're gonna look at,
education bond, a climate resiliency bond,
and then potentially a housing bond.
All of those are still under consideration,
need to be acted on in time to be placed on the ballot.
I would say at this point, the administration
and the legislature have shown a strong willingness
to want to put an education bond on the ballot,
similar with the climate bond.
I think on the climate bond and the housing bond,
it's gonna be more of a conversation
of what goes into those bonds,
what's the appropriate level to be placed on the ballot,
what would those funds go for,
and then how do those interact with the state budget deficit?
Because the state will be looking, in my estimation,
to fund some of their general fund items,
push them over to a bond
so they can be funded through bond funds.
Deep breath.
So moving over to the city's platform, we along with city staff and the legislative
committee have looked at and revised the proposed 2024 legislative platform for the city.
In addition to the committee and my office, we also receive significant input from the
departments that are impacted.
And so that's the amended document that you see in front of you.
updated again to reflect the changing local priorities, changing focuses at the state
level, as well as reflect actions that have been taken previously at the state and federal
levels.
Proposed changes, the significant changes that are proposed as part of the document
incorporate language reflecting the adoption of the city's sustainability action plan and
local roadway safety plan, so wanting to ensure that those are considered when we're looking
and state legislation, both from policy and funding elements.
Addition of language that provides local governments flexibility to offset impacts of new housing
development.
As I noted earlier, in previous legislatures they've talked about things related to impact
fees.
We have taxpayer protection on the ballot.
So again, wanting to update that language to ensure that the city has flexibility to
offset impacts and provide new and existing residents with the amenities that they would
anticipate coming with those developments.
And then lastly, as was noted earlier, by Councilman Wilk, the addition of language
supporting the monitoring of the property insurance markets as it relates to affordability
and availability of coverage for individual homeowners, HOAs, multifamily, that is definitely
a significant issue.
in all areas of the state, many of the areas that are impacted by wildfires and other natural
disasters are finding it very difficult to secure insurance coverage because insurers
are either not writing new policies or they're removing themselves from the California market
completely.
I will note the Insurance Commissioner Ricardo Lara and his office have been holding various
hearings and meetings to discuss this issue.
They're also working with the administration and the legislature to craft a proposal.
One of the reasons that we included the word monitoring is because it's going to be very
interesting to see if and how everyone is able to strike a balance of providing coverage
with maintaining the affordability for homeowners.
I think the easy solution would just say to allow the insurers to factor in potential
weather events, catastrophic events, and those things, but if that's happened
unfettered, then the cost of policies would be so significant that it may not
end up helping many of the homeowners because they wouldn't be able to afford
the coverage that's provided. So I do anticipate that something's going to
happen related to that this year. Hopefully we'll see something in print
sooner rather than later because that is going to be something that's going to
need ongoing revisions throughout the year. And then lastly once the platform
is approved, it serves as the policy framework for the upcoming advocacy
session so when when me and my team are looking at bills that are being
introduced when we're interfacing with with Cal Cities or other stakeholder
groups, this provides us a good roadmap of where the city may may land on
certain issues or what issues we need to raise because they aren't covered in
here so it kind of for us it's very important what's in here but it's also
are just as important as what's not in here, so that that's also very important.
Also it will serve as the basis for the legislative committee and city staff to
consider positions on legislation as those are brought directly to you from
various stakeholders that are engaged in legislation throughout the year. And then
also we will be sharing the approved platform once it's adopted with your
legislative delegation, so again as those offices are either considering
legislation introduced or they are being presented with these bills and committee
on the floor and being asked to weigh in they'll have an idea of the city's
position and and hopefully know where we stand on certain issues or again when
they need to reach out and get more input on issues that are of importance
to the city. So with that I'm happy to answer any questions on any of the
items here. Thank you. Thank you Casey. What do we got? Questions? Just to thank
because I think it's very thoughtful what is being presented here and thank
you to the committee and to staff and to Townsend. Thank you all right any public
comment public comment about our legislative as I might have guessed
nobody is leaping up excellent you must have covered everything okay then I
I think we need to have a motion to as a member of the committee. I'd be happy to
move to approve the 2024 state legislative agenda. As amended. On the
dais. Second. Okay thank you may I have a roll call vote. Mayor Pro Tem Darling. Aye.
Mayor has council member Silva aye councilmember Francois aye councilmember
will I mayor haskew oh yes I motion carries unanimously on to the next item
and that would be the selection of applicants to be inter interviewed for
consideration for the 2024 Commission's do you have some input yeah I do not
I don't have a PowerPoint, but I have a brief update.
So this biannual commission recruitment process,
we had 14 openings across all commissions,
including one opening each
for a Walnut Creek representative
on the Contra Costa County Advisory Council on Aging
and the Contra Costa Mosquito and Vector Control Board.
Included in the agenda packet
is a listing of all 49 qualified candidates.
Additionally, the council did receive
the complete applications for review.
And at this point in time, it's Council's standard practice
to ballot and select who they would like to interview
at your next meeting set for February 20th.
In the past, Council has set a standard
of interviewing three candidates per opening.
So I'm going to pass around ballots.
So if you'd like to ballot at this time
or provide other direction,
the choices are to interview all, interview a select few,
or direct myself to go back and reopen the recruitment
and try to find additional qualified applicants.
I would suggest that we interview all
for the Design Review,
Board of Appeals Committee on Aging
and Mosquito and Vector Control,
given that we received one to five applications each,
and that we ballot for arts, pros,
planning and transportation.
So you're suggesting that we take out the ballot for Board of Appeals, Vector
Control, so do we need to make a motion to do that? I would. I would say yes. Yeah.
So I move that we interview all applicants for the Advisory Council on
Aging, the Board of Appeals, the Contra Costa Mosquito and Vector Control Board,
and the design review commission. I'm sorry I should have spoken up earlier I
have them a client that's an applicant for Board of Appeals so can we do that
one separately and I can abstain from the selection of interviewing. We
certainly we certainly so I will move to to strike the Board of Appeals for my
motion. Okay I can have a second on that please. Second. Thank you and may I have a
roll call vote councilmember Silva aye councilmember Francois aye councilmember
Wilk aye Mayor Pro Tem Darling aye Mayor Haskew aye motion carries unanimously
and let's approach now I move that we interview all applicants for the board
of Appeals I second that one Councilmember Silva aye Mayor Haskew aye
Councilmember Francois abstain councilmember Wilk aye Mayor Pro Tem Darling
Yes.
Motion carries, noting the abstention
from Council Member Francois.
Okay, and then we are down to the place
where we have Arts Commission,
Park and Rec, and Learning and Transportation.
Am I correct?
So four, just I had it like before.
How many are we voting for for each of these
given the number of openings?
I'd suggest that do four rather than three
because there's a couple where it's the same person
a couple times.
So vote for four to have four interviewed?
We have two openings on three of these, which would mean,
by practice, we would interview six.
That's a fine detail on the practice I did not know about.
Welcome.
I will always, yeah.
So for the ones where we have two openings,
we would vote for six.
For the ones with one opening, we would vote for three.
Is that correct?
Vote to select three.
Vote to select the interview.
Three.
Just to break a little bit from precedent,
it seems like on parks, can we do more than three?
Four, or six?
I'm good with that one.
Should we just keep it six across the board or?
It takes longer to do six.
That's the, we'll be here at two rather than.
Maybe four for parks?
I'd like to do, yeah.
Some of those are people that I really don't know,
and I really, really want to know.
So, I make a motion that we vote for six for arts,
four for pros, six for planning,
and six for transportation.
I will second that.
Thank you, although I'll need a recount
so I can mark my papers and know how much
going to vote for okay six for arts six for arts four for pros six for
transportation we don't have to use our total votes we can but I we have a
motion and a second on the floor yeah let's vote and then I can have somebody
Council Member Silva, Mayor Pro Tem Darlene, Council Member Francois, Mayor Haskew,
May I ask a question of the clerk? I'd be so happy if you did. For the Arts
Commission, under our policy, our guidelines, we allow among the five
members of the Arts Commission, up to two of them, maybe non-city residents, but we
already have one existing member who sits in a non-city seat so this means
of the candidates for arts while we're selecting two we can only select one
that is a non-resident. That is correct. Is that clear? And again just to be crystal clear here
it's up to six for those ones that we said six it's up to four for the one
that we set for right it doesn't have to be all right may I please have your
report yes ballots have been tabulated and beginning with the Arts Commission I
will start with those that receive the highest number of votes so those
receiving five votes five votes and I should have practiced these names but
That's Sanit Tesfeh receiving four votes Jacqueline Smith and Elisa Cutzel
receiving three votes Laura Taylor Julia Stewart Tanya Makowski and Peter
Magnani receiving two votes Christine Reade and receiving one vote Rosalyn
got got fried. So can you clarify how many people received two votes? One. How
many received three? Can you say who the four were that received three votes?
Laura Taylor, Julia Stewart, Tanya Makowski, and Peter Magnani. So it seemed
to make sense to do the threes and the fours and fives. That would give us seven.
Could you read them again from the top because it's really hard we never got a
list it was an alphabetical order by last name we got it alpha order by first
name. You want me to read those that receive five. Four and three again please.
Yep those okay receiving five votes net sanit test fay receiving four votes
Jacqueline Smith and Alisa Kutzel. Can you say that? Okay. Slower. Receiving three
votes. Laura Taylor, Julia Stewart, Tonya Makowski, and Peter Magnani. I think those
were the ones, that's seven, if we vote interview those seven. That's nine.
seven. And then we have two votes, Christine Reit and one vote Rosalynn. So
if we agree with the total number of all of those that were at three and above
were at seven. Are we okay just interviewing seven? I move that we
interview the seven it'll be in two banks of a three and a four it makes
sense may have a second I'll second that okay may have a roll call vote please
council member council member Silva aye Mayor Pro Tem Darling aye council
member Francois aye council member Wilk aye mayor Haskew aye motion carries
thank you on to the next one next up we have the Prose Commission we have one
individual receiving five votes Cameron Collins, one individual receiving four
votes Gloria Ann Sasser, and three individuals receiving three votes Craig
Corson, John Koptrick, Sharon Pinkstaff, and then we have one member one candidate
receiving one vote Christopher Wong. I'm sorry you said five Cameron Collins had
five I got the threes who had four Gloria and Sasser sets five people with
three votes and above is that right so I would move that we interview those with
three and above second all right absolutely done may I have a roll call
vote councilmember Wilk aye councilmember Francois aye councilmember
Silva. Aye. Mayor Pro Tem Darling. Yes. Mayor Haskew. Aye. Okay moving on to the
Planning Commission, we have four individuals receiving four votes. Charles
Crilling, Stephen Kwok, Jeff Moline and Molly P. Clop. I'm gonna double-check one
of the ballots. There's a correction. Molly P. Clop received five votes and the
other four mentioned did receive the four votes. I'm sorry could you please read
those again? Yep. Jeff Moline, Stephen Kwok, Charles Krelling. Three. And then
receiving three votes. Kenneth Miller, receiving two votes.
Sylvia Keller, and receiving one vote. Kevin Burke and Jonathan
Kaufman. Move to interview those who received five, four, and three votes.
Second. Councilmember Silva? Aye. Councilmember Wilk? Aye. Councilmember Francois?
All right. Mayor Pro Tem Darling? Yes. Mayor Haskew? Aye.
Question carries. Last we have Transportation Commission receiving five
votes. We have Ashley James, Charles Crelling receiving four votes. Laura
Patch, Craig Deviney receiving three votes. Edward Guerrero, Kevin Burke, Richard
Brightmen. Geez. That's everybody. Move to interview all the candidates. Second. I mean
it's six or seven so. Roll call. Councilmember Francois? Aye. Mayor Pro Tem
Darlene? Aye. Councilmember Silva? Aye. Councilmember Will? Aye. Mayor Haskew? Aye. Motion
curious. Okay. May I ask a question? Of course. Given what time are we starting
this meeting I only in February should we have started in January yes I will
need to go back and calculate how much time will be need we'll just have to be
efficient with the number of questions we ask and okay thank you okay it has
been a long time for people to be sitting so let's take a 10-minute break
And then we'll return for the last item on the agenda.
And welcome back to the February 6th Council meeting
and we're up to the final item, which is a public hearing.
I'm going to now ask the council
if anybody has any ex parte information
that they'd like to report.
Nothing to report, Mayor.
Next, Kevin.
I haven't met with anybody, though I did receive two calls on voice mail from the applicant for this.
Thank you. I have not met with anyone. None for me. None for me as well. Okay and now we need a staff presentation.
Welcome to the dais podium, whatever we call it. Thank you. Good evening Mayor. Good evening Mayor Pro Tem
and council members. My name is Brittany Lenore. I'm an associate planner with the community
development department so we're here to talk about a potential general plan amendment for 1530
Shoei. So before we begin, you'll have received a few addendums and a couple of them are from
public comments we received after the deadline and one would be an alteration to the council report
regarding some density calculations and so we can get more into that later on.
So to start off with some background, you would have seen an application or pre-application come in through last May.
And that was for eight parcels founded by Stowe, Bonanza, North California, Shoei.
and at that time there was a proposal for a seven-story mixed-use development with 275
residential units and 5,000 square feet of ground floor commercial.
And so to get that type of development at that site, the applicant was requesting a
general plan amendment to a mixed-use residential designation, as well as a proposed plan development
zoning district that would have been consistent with that higher density
residential designation and a Stowe Avenue road vacation and so at the time
council provided feedback to the applicant that they would be supportive
of a more scaled down project both in terms of size and density and so what
we're coming with tonight is just a general plan amendment preliminary
application for 1530 Shoei and that's on the corner of Stowe and Shoei Avenue.
And so the request would be to redesignate 1530 Shoei from multifamily
low the current general plan designation to mixed use develop mixed use downtown
which it would be the proposed general plan amendment and support for the
general plan amendment would not mean support for a future project. This is a
preliminary application as of right now, but if council does concur on a decision
for the general plan amendment tonight and requests that staff process a formal
application, the applicant does intend to come back with a general plan amendment,
a rezoning and amendments to our west downtown specific plan. And so for some
context 1530 Shoey is a square shaped lot on the corner of Stowe Avenue and Shoey Avenue
and it's currently developed with a single family home that was built in 1910. To the east across
North California you'll see downtown Walnut Creek, you'll see the lyrics there and their commercial
businesses down that street. North across Stowe is the edge of the Almond Shoey neighborhood so
that neighborhood is developed with lower density single-family homes and duplexes.
Across the west, across Shoei Avenue are again Amund Shoei neighborhood and then a
senior living development. And then along the south across Bonanza we'll see higher, taller
commercial buildings and office buildings. This site also is within a half mile of the
the Walnut Creek Park station. So the current general plan designation for
1530 Shoei is multifamily low, which really does speak to a lower density
residential character, does not allow many commercial uses if any, and allows
a few consistent community uses. So the request would be to redesignate this as
as a mixed use downtown,
which would expand the allowable uses,
including ground floor,
and would actually support a ground floor type character,
as well as a higher density residential use.
And so if council concurs today
on the general plan amendment request
to submit a formal application,
the applicant again,
then intends to request
west downtown specific plan amendments,
like realigning the Almond Shoey neighborhood
and changes to the West Downtown districts,
as well as a rezoning to be consistent
with that new designation.
So to expand a bit on the West Downtown specific plan,
the first proposal would be to
realign the Almond Shoey neighborhood.
So currently 1530 Shoey is within
the Almond Shoey neighborhood,
and the request would be to remove it from the neighborhood
and to replace it with an overlay zone.
Another change would be to change the districts
along this block.
So along these five parcels bounded by Stowe,
Shoei, North California, and Bonanza,
it's three different districts
in their West Downtown specific plan.
The proposal would be to consolidate that all
as the Mount Diablo Olympic District,
which is described as an enlivened extension
of Downtown Walnut Creek with mixed use buildings
with active uses on the ground floor.
So there are no changes proposed
to the height limits controlled under measure A.
So 1530 Shoei is at a 25 foot height limit
and the surrounding parcels outside the Ammon Shoei
are at a 50 foot height limit.
So a change to the general plan designation.
There would also be a change to the zoning.
So the current is a duplex designation D3.
Again, single-family duplex uses and units,
residential and character.
And the proposed would be mixed use downtown,
which encourages a combination of commercial
and residential uses and really is intended
to be pedestrian oriented on that ground floor.
So as I briefly spoke about earlier,
that 023 overlay zone,
if you were to take 1530 Shoei
out of the Almond Shoei neighborhood,
It would then be replaced with the 023 Amanshui Overlay Zone.
This overlay zone was placed on properties
that were basically surrounding the Amanshui neighborhood.
And the intent of that overlay zone
is to put additional parameters on controlling massings.
So having a setback, the taller your building is,
and step-back requirements.
And the intent behind that was, again,
to respect the Amanshui neighborhood.
And so, ahead of this council meeting, the applicants and the applicant team did do community
outreach.
That was on November 15th.
And noticing was done by the applicant through email and passing out flyers in person.
And 23 people attended as a result of that outreach.
And so, the applicant is here to expand a bit on that community outreach and the things
that were discussed at the meeting, but just to go through it really quickly.
of the discussion discussion topics, um, regarded commercial, um, tenant parking, resident
parking and parking passes for those residents as well as public improve, improvements like
steps off stow and whether there would be a parking traffic study.
And so this, um, slide, you'll see there's differences between the current zoning designation,
which is D3, and so that is how the current development
is controlled under that D3 zoning.
And the desired would be the MUD to be consistent
with the MUD general plan.
And so again, under measure A,
the height limit would stay at 25 feet.
And there are some different setback
and again, step back requirements.
Parking would change as well.
be an additional amount of parking would be required, but since this site is within half
mile of a Walnut Creek BART station, there are no parking requirements for new development.
And so if we're just focusing on density, 1530 Shoei currently, there are three units allowed
on this site. If it were to be rezoned to MUD, that unit count would increase to 17 units.
and if we were looking at a future where there's a maybe these five sites are merged together
and what density could look like on that site, under the current, because 1530 Shui is a separate
zoning designation currently, it wouldn't be able to be merged with the other four parcels,
but if we were looking at it being rezoned to MUD and having a consolidated development along
that block. The base density would be 54 units, which then could translate to 57 to 135 units
depending on the level of affordability and whether community benefit was applied or not.
And so tonight council may either provide preliminary comment on the proposal and direct
staff to process a general plan amendment request or deny the preliminary application.
So I'm here for any questions you might have.
The applicant is also available to speak
and is here with a presentation as well.
Thank you very much.
Council, do you have any questions?
Let me start with Councilmember Francois, please.
Thank you, Mayor, and thank you, Brittany, for the report.
Very thorough, comprehensive.
And I had a better sense for the numbers on that last slide
you showed in terms of units both on 1530 Shoei and a potentially assembled
side of all four or five parcels. Just kind of stepping back because I know
that MUD is FAR but can you can we do an apples and apples like right now it's
MFL which is six to fourteen units an acre. If it went to MUD what's the
equivalent units per acre? Yeah so like you said it's a little different because
of the way it's calculated but basically if we're looking at the zoning under MUD
it's one unit per 750 square feet of lot area so this lot being 13,000 square feet
approximately versus today the maximum on a D3 zone parcel is 4 regardless of
of the lot size so that can maybe contextualize it a bit.
So this doesn't seem much different.
It's like 18 units an acre, is that how my math is right?
Or something like that.
In terms of the overlay zone, can you talk about,
the proposal is to take this out of the Almond-Shoey
sub area in the specific plan, but then add an overlay,
add the Almond-Shoey overlay zone to it.
Can you explain what purpose that would serve?
And can you show the map again, please.
And yes, one second.
So the overlay zone was placed on properties
that were adjacent to the Amanchui neighborhood.
And that was basically, as you can see,
a 10 foot setback for buildings under 25 feet.
So they had to be set back from the neighborhood.
And that was because a lot of the buildings
in this neighborhood are single store
or even two storey, but two storey being 20 feet,
not necessarily 25 feet.
And then for any buildings that were over that 25 feet,
there would be an additional setback
plus step back requirements of an additional one foot
over that 25 and 30 foot.
Regardless of whether it's front side, rear,
if it's facing the almond shoey,
it depends on the height,
but those setback and step back requirements apply.
Yes.
In terms of, okay.
Now, you talked about the Measure A height limits
and how that those could potentially be exceeded
with a under the density bonus program.
Is that also true for these setback
and step back requirements of the Almond-Shoey overlay zone?
It's my understanding that unlike the previous proposal,
there's no, I can ask the applicant this as well,
that there's no plans for us to look at
in terms of a conceptual project?
Correct, yeah, as of right now,
there's no development associated with the request.
And no proposal in terms of number of units?
Nothing that I'm aware of now.
Okay, I think that was it for my questions for now.
Council Member Silva.
Thank you, and let's stay on the overlay slide.
So I remember the whole impetus for the overlay zone
were properties that were outside of Almond Shoei
that directly abutted.
but it seems like what's about to happen
and maybe this can be part of our discussion
as if we move this forward
that it moves through the process.
I don't know why we would have an overlay zone
on the two properties on Bonanza
that will then abut nothing
in the Almanshooey neighborhood.
Yeah, I think the discussion could come up,
especially if we were looking at consolidating those
and whether they're gonna be developed separately
or together.
I mean a road between them is a buffer.
So you're saying Stowe would be the buffer?
And Shoey?
That's the question I'm asking, because now it looks
like that this proposal says we're
going to expand the overlay zone,
but we're not actually in these properties would no longer abut.
The properties on Bonanza and the two properties on Stowe
Court abutted 1530 Shoey.
If 1530 Shoey is no longer in the Almond-Shoey neighborhood,
then now why are we building an overlay zone
that is not directly adjacent to any of the parcels
in the Almond-Shoey neighborhood?
So the council could direct that
if there were further consideration.
But you could direct that that be looked at
because the purpose of the O23 overlay
was for the properties that are immediately adjacent
to Almond-Shoey.
if you put the overlay in front,
then the ones in the back are no longer immediately adjacent.
Okay, so it became apparent as the slide came up tonight
and I went, huh.
Second question, one of the members of the public,
during the public meeting,
and I'm glad so many people attended the meeting,
questioned the parking for residents,
and were those comments really directed
at the permit parking program
that is, I see some nodding of heads.
So we could also discuss that this would not be
in the Almond Shoey neighborhood
and therefore could be restricted
from the permit parking program.
That would be my understanding,
but I would need to look at it further.
Because it would presumably,
if they were to ever become a residential project,
it would have to park itself.
Correct.
Well, it wouldn't park itself.
It would have to be parked.
It would have to provide parking on site,
But since they're within half Malabart,
they technically don't.
Can you please show me the slide with the comparison?
It's your last slide.
Density.
So help me out on the 25 feet.
Currently in the Almond Shoey D3 zone,
it's residential, therefore, by under measure A.
It's required at 25 feet, which is effectively two stories.
It would stay at 25 feet even if we were to change
the land use designation and the zoning to MUD
because as you're a locked it.
Correct, yes.
We can't rezone our way out of it.
But I don't understand the second bullet
in the right column that affordable projects
can exceed the height limits.
I understand that part.
The subsequent by three stories when,
does basically state law dictate how many stories
within a half mile of a major transit stop
that can exceed our measure A?
Or is the state density bonus law actually,
is this the way state density bonus law works?
Sorry, I didn't ask the question very clearly.
The city attorney can expand on it,
but my understanding is within a half mile of BART,
you can exceed up to three stories over the height limits
and that would not need a concession or waiver.
and that's certain affordable projects.
So in this case, 100% affordable projects.
So it would not need to count as a concession or a waiver.
So that's outside of state density,
I'm looking at our attorneys.
Yeah, so that's, I'll take a look at that.
The point though, I think is,
that is outside of requesting a concession or waiver.
If the question is,
can they request a concession or waiver to go above that?
The answer to that is yes.
But they've, because it's within a half mile of BART,
what is triggering the half mile rule and would that be applicable even in the D3
zone which is it within a half mile apart? Let me take a look at that while
the council's asking. Okay, thank you. Can you review the density increase it was on
your next slide we got we received something in an addendum or maybe it was
the next slide. Yeah, so the end end was regarding this slide. Alright, so the base
density this is an assembled the assemblage of the five parcels if they in
fact were to come together how many acreage how many acres in the assemble
the what could be assembled I believe it's around 42,000 square feet which is
right under just under an acre yeah so basically all of this is predicated on
loosely an acre so if it was all classified as mixed use density the base
density would be roughly, well it'd be one unit per 750 square feet of flat land.
Yes. My colleague over to my left is running the calculator. 42,000 square feet
divided by 750 yields, 54 roughly. It's 58 per units per acre so if it's a
little less that makes sense. So then with community benefit this is all under
our community benefits ordinance and then this and then with affordable
units we received a table that went a little further let's say they had ten
percent density bonus without a community benefit they could get to 60
units and 87 units if they added a community benefit yes it broke it down
further to 5, 10, 15, 20 percent. So state density bonus triggers first and then
community benefits second and the way we wrote our ordinance. I think I've got it
clarified in my head. Okay. Thank you very much. You have no more questions?
Well, Mayor Pro Tem had some. So I wanted to go back to the change in the district
because right now those parcels are in three separate districts.
What real impacts come from that, moving them all into one district?
So it would aid in, you know, a consistent design across the parcels and that Mount Diablo
Olympic District does have some guidelines on how you lay out commercial tenants and
the depth and the width required.
And so it would just create a more consistent standard
that the applicant then point to to develop a project.
Does the Lacassie Trinity District that is along,
is it, how substantially different is that
from the Mount Diablo?
You can tell it's been a long time
since I've really looked at it west downtown.
From the Mount Diablo Olympic
as far as how it deals with commercial.
So my recollection of it is that it's more intended
for like mid-size office buildings
that could front North California.
And so because they're only on those two parcels,
I think that could be difficult
development-wise moving forward.
But yeah.
And so then I think I've got the density figured out
on the parking permits.
I know in the past when we've had projects in here,
they haven't gotten parking permits.
So that's clear that that's not happening.
On the community benefits.
Yeah, okay, I think I've got that one figured out.
Okay.
I have more questions as we go, but.
Okay, are we, I don't have any questions, neither does.
I may have some after we hear from the public and everything.
Okay.
That being the case, I believe it is now time
for the Appellate to come forward?
You have 15 minutes?
I have 15 minutes.
You have 15 minutes.
Perfect.
Carl Campos, LCA Architects Principal.
Brittany, thank you for a really clear presentation tonight.
It really was good.
So is this my, okay.
Is there any laser on this?
Okay, good, thank you.
We were here before, she made a good presentation
of what we were proposing, just as a quick review.
We are within a half mile of BART
and it's a great piece of property.
It's a very important corner in downtown.
And what we're proposing tonight would allow us
to compact our development, stay off of Stowe,
don't go into the neighborhood,
and provide a plan that we can actually design
the parking that would be required for the site. So these are the the
parcels that the applicant that the owner controls and we're proposed we're
talking about the 1530 site. This is an outline of the 275 units that we
presented to you and we listened to you it wasn't gonna go. So here's the
beautiful rendering that we did of that. We're proposing probably it's gonna look
be less than half of that when we're done if we get the 1530 rezone. So it's
the Almond Shoey neighborhood this parcel is kind of not really it stands
on our property it's separated by Stowe and Shoey it's adjacent to medium
density residential on the on the left of that and we're proposing that that we
be allowed to consolidate that as a transitional piece so that we can
literally design and build a building with parking that works. When we if I go
back to the the other proposal the the site plan that the blue doesn't really
lend itself dimensionally to the Walnut Creek parking requirements and so when
When we looked at combining the two, it makes for a consolidated piece, and it's south of
Stowe and east of Shoei, and so it gives us a compact piece of property we can develop.
And so the MUD Zoning makes use downtown.
His intended to encourage a combination of commercial residential uses in a higher density
environment.
And so if we could achieve that, we could stay south of Stowe, not go over to Stowe,
and use Stowe Avenue as Brittany presented as our transitional setback to the Almond
Shoeing neighborhood.
So we would use the street to do that.
When we don't do that, with the 1530 parcel, it makes it very difficult with the setbacks.
The land that's left on our side, we can't really meet the intent of the MUD zoning.
It's not really developed very clearly.
We got 27 units.
We had underground parking and then we had mechanical elevator and lifts.
It wasn't feasible to do.
These are diagrams right out of the Alman-Shui setback criteria, how to do that.
They're well done.
And so we looked at the house.
This is the house that's there on the property, has a garage on the left, and the property
line is significantly to the south towards that high rise building, and that's where
we established the setback transitions from.
And so here's a diagram looking west or east, rather, California Boulevard, actually north,
I'm sorry, California Boulevard on the right, and you can see all the setbacks that are
from the property line of of 1530 Shoei not from the buildings but from the
property line and then we leave we were when we're done with all the setbacks we
get to a 20-foot height limit we set back more but we we don't have much
room for parking it doesn't meet the criteria for the parking dimensions with
the city so here's one looking Bonanza Street on the left so that would be
looking west we of course we would set back off Bonanza for the height limit
requirements and then to see the big transition diagonal on the building it's
from the property line and so it really it really limits what we can do with
the property that we have and so we're asking that we're diversity equity
inclusion this is right out of the council priorities we want we need some
housing that could be developed the site would be amongst the most accessible and
inclusive types on the market.
We're right downtown.
We're within just a few minutes of Broadway Plaza.
We're downtown, we're a few minutes of BART.
And so it makes a lot of sense to allow us to take this corner
only and develop it.
So it opens up the possibility to create
a dynamic new development at a key downtown intersection.
It's a beautiful piece of property.
We're less than a half a mile from BART.
10-minute walk to Barton Broadway Plaza.
So benefits of a consolidated site.
So now we have a consolidated site.
We'll have adequate lot dimensions
to accommodate on-site parking.
We'll get the parking that's required for this property.
We don't want to do zero parking or less than what
the market would bear here.
And this would allow us to do that if we consolidate
this parcel.
opportunity to provide housing approximate to Barton retail.
So this is kind of what we're looking for as our path forward.
We would, we would, at this point in time, we're proposing,
we don't have a plan, but we've done the math
and we would stay South of Stowe and the MUD zoning,
we actually own the parcel,
control the parcel across Stowe to the North.
And so we might come in with some creative solution
to including that in the parcel or maybe a future use there.
but right now we're gonna do a more compact development
that's south of Stowe, east of Shoei,
and on California Boulevard.
That would really make it work well for us
as having 1530 Shoei kind of a transition
to allow us to consolidate our mass
and density on that parcel.
Any questions?
Did I stay within my 15 minutes?
Okay.
You've got time to spare.
I'm sorry, I'm looking at the time.
Council Member Francois.
Thank you, Mayor.
Thank you, Mr. Campos.
You bet.
I appreciate you and your client kind of hearing
what we said the last time and going back
to the drawing board and sharpening the pencils on this.
And so, am I correct that there's no,
you said it was about, the plan ultimately would be
roughly half the project that was proposed before?
We would try, I gotta go on the record,
we would try to get as many units as we can.
So roughly half, maybe more, somewhere in that neighborhood.
Certainly not 275.
That wouldn't work on the land we're talking about now.
Yes, but we're gonna do the studies
if you give us the option to do the rezone of 1,350.
So do you have some rough plans
in terms of number of stories, number of units?
Yeah, we've looked at some cross sections through the site
if we kept the 25 foot height limit on 1530,
if we went a little higher.
And so we could get anywhere from 135 to 200 units
in this vicinity, perhaps it has something to do
with market and unit size.
And so we would try to get as many as we can
to make the project work financially.
And keeping it to the corner and not into the neighborhood,
using STO as our transitional setback area,
that works better for us.
I appreciate you mentioning that.
So when you say transitional setback,
and that was something that the council had given comments
on to last year when we saw the first,
that that was important that this particular parcel
serve as a transition.
Explain to me kind of the thought behind the request
to go to MUD, which is a pretty high density.
If it's truly going to be a transition,
why not something like the MFM across the street?
Or explain to me kind of the thought behind MUD
and how it will serve as a transition.
It serves as a transition for us because you see the MUD,
the mix site on the left-hand side,
depth of those parcels and the width of those parcels, you're able to park them.
And so when we use the setback, the transitional setback from 1530 onto our
current MUD, a lot of our land is, a lot of the buildings are taken up with a
setback. So if I can take that setback and realign it as a diet, we showed
earlier, so Stowe Avenue is my transitional setback to the True Almond
Shoei neighborhood the home of the single-family homes across the street
then that lets us have a consolidated parcel we can develop to the to the
density and zoning that we could achieve there that's that's why we're doing it
so I mean just just trying to kind of conceptualize a little more which is
really hard just looking at you know sure we're on a map with with labels but
are you suggesting something like an L shaped development or wrapping around no
No, I would, no, we would, if I could get the mixed use downtown designation on 1530,
we would have a box that we could park appropriately and then come up with a creative plan of
unit layouts on that, within that, within that site that includes 1530.
So are you envisioning doing something similar to the lyric across the street where it kind
of steps down to the corner or?
Yeah, we would try to, like our previous plan,
we were stepping down to the corners
and using those trends.
It's a pretty important corner, Bonanza in California.
We would do something there, but the overall layout,
we might do a central court in the center of the site,
and with units at the perimeter, and stepping down,
it's stow, but it's really math,
and we would like to get, of course,
as many units as possible on the site.
And then I want to leave time for my colleagues
to ask questions too.
So is there another development in town
that you could say you're using as a model,
or that you're proposing to emulate?
Yeah, I like the one up the street, the Mercer.
If you look at the site layout, the depth of that site,
it allows for a very handsome, that's
a very handsome development, in my opinion, done years ago.
and it gives us the ability to do something
similar to that here.
Which is about four, it's not more than four stories,
I think.
Yeah, we would try to get as many units as possible
on the site.
Okay, thank you.
Anybody else have any questions?
You're a pro type.
Thank you, and thank you for the work that you did on this.
I had a couple questions about mixed use
downtown does allow you to bring in commercial,
but it doesn't sound like from what you're saying
that the commercial along Stowe or Shoey
is an important part of your development plan.
Yeah, the commercial in my opinion,
and that's to be, when we go through the process,
we'll work that out, but Bonanza,
a corner of Bonanza in California,
and Bonanza is really the commercial area,
not going towards the neighborhood.
So I think we would stop the commercial
at Bonanza and North California in that area.
We would not go upshoey with that.
And then when you talk about using Stowe Avenue
as your buffer, are you planning,
are you anticipating doing the step back,
set back in addition to just having Stowe Avenue there?
Or are you just saying that because you have Stowe Avenue
there, you can go straight up 30 feet.
Well, that'll be determined by when we go through the process,
but we would like to take advantage of Stowe Avenue
as a setback.
And we've done some preliminary, just mathematical studies
where we could step back some on Stowe, for sure.
And then, so you have site control of the three lots
on the other side of Stowe.
What are you anticipating for those as part of this project?
Well, those are zoned as multifamily low,
and so we could get some duplexes, townhomes on those.
But at this current time, we're not proposing anything
on those.
The MUD site on California, as I mentioned,
I think will come in with a plan or an option
for a master plan of where we can incorporate
that the MUD zoning along California across from STO.
It was brought up by,
and we had our community engagement hearing.
If that MUD zoning along California
could be down-zoned to the multi-family low
and the staff was clear, no.
It stays at MUD.
We said, yeah, save it as MUD.
and we have control of the parcel just north of Stowe
on California.
Just north of Stowe.
So you have control of the top,
the top MUD on the right, the far right.
Oh, the one on the other side.
Yes, of Stowe.
Okay, all right, that's my questions for now, thanks.
Anybody else?
Any final comments from, oh no, no, wait a minute.
I'm sorry.
Thank you very much for the presentation
And thank you for listening to what we said last year.
I know it was a difficult hearing.
It was, but we did listen to you,
and we've been struggling pretty hard
to come up with a solution, and this really works for us.
So the discussion we're really having here
is whether this one parcel we allowed,
would we consider changing the land use designation
and the zoning so that it is consistent
with the other four parcels?
Yes, it gives us, it's kind of the existing parcel
is kind of an outlier, it's not really in the neighborhood,
it's on right up against the MUD.
And if we could just, it's across from multifamily medium
right to the west there.
And so it just gives us a really consolidated piece
where we can concentrate on our development there
and not go further to the north.
And again, to reconfirm, you're not looking
at making any changes to the parcels
across the across Stowe Avenue on the other side. No. And you're this you're
asking for us to consider also changing and moving the this parcel at 1530
Shoey Avenue into the MUD. Not only into the MUD but also into the Mount Diablo
La Cassey do I or is it okay now at the apple district correct yes all right
which would make it consistent with the offices across correct the NANSA as well
as the two other parcels that are oh that front the NANSA correct all right
thank you checking in for the last time okay all right here if I if I made
Just for a second I wanted to respond to the question that was raised earlier by my council members Silva so the
the the change to the density bonus law and around 2019 it did allow for a
Right without using a concession or a waiver to have up to three stories if you're within a half mile of
The transit station, but that only applies to projects that are 100% affordable
So so so ultimately if it's a hundred percent affordable it can get to three stories essentially by right
however, if it's not a hundred percent affordable, but they use a development waiver or an incentive then they can also
Get to three stories and potentially higher under under just a normal incentive or concession under state density bonus law
So they do not have a by right because we're unless it's a hundred percent affordable
which would mean they'd be selling it to a 100% affordable developer more than likely.
Correct.
The project itself would have to be 100%.
Not the entire project but the project on the 1530 shoe would have to be 100% affordable.
Does that mean the 100% affordable units would have to basically sit on that?
Because if they go to assemble the parcels now it becomes a little more fluid.
The exception is written specifically for a project located within one half mile of
a major transit stop that is itself 100% affordable.
So they couldn't have the other five parcels being market rate and all of the affordability?
No, they could on the 1530 parcel.
So if they wanted to take advantage of that, this exception, this one very limited kind
of additional exception under state density bonus law.
They do 100% affordable on 1530.
If they're trying to get the additional three stories on 1530,
if they were trying to get it on another one of the parcels
that they own, that was possible too.
But you're not modifying the zoning for the other three,
or the general plan is just for 1530.
So I hate doing math on the fly in my head.
But if the 1530 Shoei is 13,000 square feet,
and you have to do the calculation
of one per 750 square feet,
you're gonna get something in the order of.
I didn't run the calculation.
And remember, if it's affordable,
then we'd go down to 500 square feet, 750, 750.
So if they have 17 units available,
and they made 100% of, that's their 17 affordable units,
then they could trigger a non-waivered related height increase.
Height increase, correct.
Up to three stories.
And those 17 units could be counted
across the whole project as well
for in terms of other waivers and concessions?
Yes, if you're treating the entire site
as an integrated development.
Okay, thank you.
Mia, I actually understood that.
Yes, Council Member Francois.
Oh, okay.
I don't see any other activity.
It is now time for public comment.
If you're representing a group of people,
let me know now you might,
and you are the sole speaker
and everybody else agrees to stay closed.
Okay, then you get your standard two minutes.
So come forward, please.
My name is Carlos D. Rubira.
I live in the Almanciu neighborhood.
And my comments regarding this application or this proposal
is that there is no benefit being proposed here.
It is just a carve out that is being asked from you
from the Almond Shoey neighborhood
for something that you as a city council and the city
committed to protect the Almond Shoey neighborhood.
So by allowing this to go forward
with no benefit being presented,
you are just basically saying forget the specific plan,
forget the general plan, forget Almond Shoey,
let's carve it out.
So I'd like to understand if you do allow it to go forward,
how is it that you are protecting our neighborhood?
This is a location where things happen
at the edges of the neighborhood.
Right now when I walk out of the neighborhood,
I walk down Stowe, I walk down Shoey,
And it's a clear view because there's a house in front.
If you now put three stories in there, it's a wall.
That changes the character of the neighborhood.
That changes Almond Shoey neighborhood.
And it's completely inconsistent with the commitment
you have made in the general plan, in the specific plan.
So I urge you to vote no.
Thank you.
Please, this is a business meeting.
and you may agree with what he said,
but not knowingly, you can do that quietly.
Thank you.
Is there another speaker?
Okay, it's a race.
Hi.
My name's Doug Offenharts.
I live on Chewy Avenue for the past 30 years.
I wrote a letter back in November
that I think is in your packet,
and I've talked to a couple of you at the farmer's market
over the last few months.
I've had my career as a developer.
I sat on the Danville City Council for five and a half years.
I tend to be pro-development.
And yet, I think what the applicant's asking for really
is to increase the profitability of the site with a lot of jargon
that to me doesn't make any sense.
I think the site should be consolidated and developed
as one piece.
It makes sense.
But it's extremely hard for any person, including myself,
who's in the business, to try to understand
what a project would look like without a plan behind it.
But the idea of asking for a rezoning and consolidation
with no plan really makes it very hard to understand.
So first of all, I would ask that you consider any rezoning
to be accompanied by a plan.
And secondly, I would ask that you keep the existing zoning
on 1530.
It's a matter, I think, between three units and 17 units.
So reducing the project by 14 units plus whatever density
bonuses they get.
It's just a matter of they're trying
to increase the profitability for the developer,
for the owner and at the expense of a more dense,
more visually impactful project at the entrance
to the Shoei-Haman neighborhood.
So I would oppose the rezoning request.
Any questions?
No.
Okay.
I don't think so, but you can, nope, now you can't.
Okay, next speaker please.
Thank you.
Council, my name's Bill Todoroff.
Our home has been in our family for eight decades in the Alman-Shui.
And I am opposed to the change in the status
as it was given to us by the city council years ago.
Alman-Shui is protected under the current general plan.
And I'm asking that you maintain that plan
and protect our neighborhood.
If you allow the proposed plan changes using the petitioner's reasoning,
then any parcel that is attached to or adjacent to any MUD lot
could be subject to change.
So where do you stop?
Where is it reasonable to halt the encroachment into the neighborhood?
In essence, what you would be choosing to do by granting this change
and the general plan would be to erode the buffer zone established by the city
to protect the Almond Shoey neighborhood.
Any other speakers?
Hi, I'm Susan de Rivera.
I live on Almond Avenue.
And I agree with what Mr. Tataroff just said.
Actually, when I was watching Mr. Campos' presentation,
and he showed the parcel across from Stowe as high density next to it,
it's got a low density house.
So where does that stop?
When if he said, I have a plan to eventually do something
on that, what's going to stop it from going
to the house next door?
And it just starts to erode our neighborhood,
and it erodes what you guys said you would protect,
which is our neighborhood.
When we went in November, Mr. Campos actually
showed us a big block.
And if I'm correct, he said they want 250 units on that
is what they were looking at.
That's what he showed us.
I'm also concerned about traffic issues.
I mean, we don't know what he's gonna put there
if you do approve this.
We have no idea.
But the chances are, just traffic wise,
and Model T's are what used to go down our streets.
So we've got really narrow streets.
But to go down there, people, in my opinion,
they're gonna go down, oh, I'm gonna go down California
to get to the parking.
And that's gonna change our lives forever.
And once that's done, we can't change that.
So I encourage you to really look at this plan carefully
and reject it.
Thank you, I appreciate your time.
Thank you for coming.
Anybody else?
Oh good, okay.
Good evening Council members.
My name is Jeremy Lamb and I also live on Almond Avenue.
And I'd really just like to sort of second
some of the arguments that have already been made
here tonight, that how can you allow the rezoning of an area
without even an understanding of what the plan is for that?
It sets a precedent that on the edge of the neighborhood,
anybody could start to say, I need
to be rezoned because I want my property to be more valuable
so I can sell it to a developer.
So let's not rezone the area or let's not allow that
until we have a full understanding of what
proposed what kind of property is going to go there we've heard everything from
50 units to 200 units nobody objected by the way as you all remember nobody
objected when there was a 27 unit thing being proposed because that would not
have impacted the nature of the neighborhood and obviously that wasn't on
1530 Shiri but again I just like to really reiterate what some of my
Mayor Lazar been saying. Thank you. Last call, somebody's showing up, good.
Members of the chamber, my name is Andrew Ku. My wife and I have been living on 1874
Bonanza Street and we are quite concerned about the proposed building at
the corner of Bonanza and California, which is already quite impacted with
traffic. And more concerning is the traffic going to be on Bonanza Street,
which is already being served by three huge commercial buildings. And the street itself
is frequently being used as a crossover. I like that term, crossover between
Mount Diablo and downtown area, and the traffic pattern during the day is extremely heavy.
And now we're considering that there's going to be a huge multi-unit building, it's going
to be very impactful to the traffic pattern.
So we are also concerned and we want to encourage the City Council to reject this project.
Thank you.
Still looking for more public comment.
Hi Council, my name is Mike Blatz and I also live in 1874 Bonanza and we moved here when
that development was built and we lacked it because it was a mid-rise, it wasn't a super
were high building this location to downtown and yet we still were close but
yet seem far away and the intensity of the traffic as Andrew was explaining we
experienced that all the time and let alone the construction which we've been
dealing with with regards to the telephone poles we've been dealing a
lot of construction everybody use that as a thoroughfare and it also affects the
people in the Shoei and Almond neighborhood and sometimes the traffic
so bad we even have to cut through there to make a turn to get out. The
development construction that they will do will take years just like your lyric
building did and I can see everybody for us alone we pull out there's times we
have to make a right to go to get to Mount Diablo and one of our concerns
that we have as the homeowners and there's only 15 people you know units in
our building and the same thing the size is it's a workable size within the city
without getting the super high density that we already have in a lyric building
and our fear is is now the next thing gets approved and then they work their
way up to Mount Diablo where the Pier one that they were potentially going to
propose something last summer and then that got kind of pulled and how that's
going to affect the neighborhood going into Sharp Avenue which also backs up
into that shooing neighborhood and I agree with a lot of the comments here
you're chipping away that will be happened and pretty soon that shooing
neighborhood will be you know a small parcel and I think that we have enough a
plan that we approved for nine years the plan we just got approved at the state
and I'd like to see a stick with that would not have an a plan not presented
to us of what it would be that they want to present at the neighborhood of
Shoey. Anyway, that's it. I'm against it. I hope you vote against it. Thank you.
And thank you.
Last call going once, going twice. Okay. Public comment is closed and does the
Does the appellant have anything to add now that they've heard comments?
I would just like to add that the community benefit is that we're going to have an affordable
component of housing here.
They'll be affordable units.
So that's a direct community benefit to the project.
Thank you.
Are there any, yes, Council Member Francois.
So just a question.
everyone for coming here and bringing your comments tonight. There were some
references by certain commenters about rezoning and I know that there's a
nuance here but if you could just elaborate on the process that this is a
gatekeeper or a preliminary application request an actual rezoning could own I
don't want to be too leading here I'll let you just explain the process for us
of where we are and distinguish this from a rezoning. Correct. So the the the
The item before the City Council tonight is simply a decision whether or not to kind of
reject a proposed general plan amendment at this time right now, and the general plan
is the overarching land use document for the city, or alternatively to allow it to be further
considered.
So it would go through a public hearing process before the Planning Commission, before it
came back to the City Council.
There's been discussion tonight also about zoning
and specific plan amendments,
but that has really been in the sense
of informing the council that if there is further
consideration of a journal plan amendment,
the applicant has said they would bring forward
these additional applications,
which would also go before the planning commission
before they come back to the city council.
So the council's not approving any zoning
this evening at all as part of your consideration
and the only thing that you would do
is if you allow it to be further considered,
then it would continue through the process.
That process I know would at least include
an environmental component of impacts
to traffic and other things.
Would it also necessarily include a plan?
Would the applicant at that point have to show
what they're proposing to do on these consolidated parcels?
So the council could request that if you wanted to,
but if all they were seeking was a zone change
and a specific plan amendment to change the boundaries
as was shown in the staff presentation earlier,
that wouldn't necessarily require a plan
if the council wanted to request
that the applicant come forward with a plan
as part of the process, the council could do that,
but at least the proposals, not proposals,
but the proposed process that's been discussed
by the applicants and I doesn't itself
require an actual site plan for the project.
Okay, and then maybe one
for the community development director, too, or planner.
You know, was any consideration given
to kind of any alternative?
So the, you know, the MUD was proposed,
but there's obviously planned development zoning
or there's the multi-family medium across the street
or any other kind of thoughts given to a designation
that might more precisely match the transitional nature
of the parcel or are you just responding
to what the applicant proposed
is what I think you're gonna say.
Yeah, you're correct.
We didn't have a dialogue about alternatives at this stage.
It was really just working on their request
and what they were requesting,
which was the MUD designation.
So looking at our plan and designations,
is there another zone or designation
that you view as being more of a transitional zone
that would, if we can't, you know,
if we don't have the assurances
that the Alman-Shui overlay
would actually be applied to this parcel
that would accomplish that purpose?
Separate if I may, I think in trying to work together
with the applicant, they have something
in their knowledge base about what their desired outcome is
in terms of number of units and density and so forth.
And we've certainly have been fully available to them
to be able to evaluate and assess that.
but I think that in the variety of conversations,
it's become pretty apparent that this was the path
that they wanted to pursue
and that they're aware of the other paths,
but it wasn't going to yield the level of density
or units that they desired.
Okay.
Council Member Wilk.
Thank you, so just a couple questions.
First, while I've been on the City Council,
I'm trying to remember this now for the seven years,
I don't recall another request to do a rezoning
without a plan.
Is this something that, I may be wrong.
There may be something that came,
but I usually, there's a plan associated with it.
Is this something that's unusual
to have a preliminary application
for a rezoning process without a plan?
So the council's probably heard,
it would be three, four, five general plan requests
of this sort.
It's, some of them have come through with plans,
Council Member Wilk,
but I don't know that I would characterize it necessarily
as unusual or usual because it is at the general plan stage
and you don't always see a plan,
an actual site plan, a development plan
at the general plan stage.
Some developers will come in and they have a vision
of what they wanna do and it's pretty well articulated
in their own mind and they will come in with a plan
and they'll say, we'd like a general plan amendment
because this is what we wanna build right here.
This is the proposal we wanna build.
But general plan amendments are processed
without site plans fairly regularly in cities.
Okay, thank you.
And then in regards to the area itself,
is this lot considered part of the buffer zone,
the actual buffer zone going into Alman-Shui?
Or is it considered part of Alman-Shui?
Or is it on the outskirts of the buffer zone
of Alman-Shui?
an idea of that. It's a part of the Almond Shoey neighborhood currently so
there's a line around set of parcels and it is within that Almond Shoey
neighborhood. Okay so it's within the buffer zone or like the transitionary
period going into Almond Shoey? No it's it's in the Almond Shoey neighborhood.
Okay. Yeah. Okay. All right. Thank you. Mayor Pro Tem. Thank you. So I want to just
ask a couple questions so make sure I've got this firmly in my mind. When we talk
about community benefits in two different ways. One is community
benefits as laid out in the specific plan which is a very specific or a very
discrete kind of if you do this then you can get this additional height. But we've
also talked about community benefits writ more large whenever somebody comes in
for a general plan amendment that increases the value of their lot. We have
in some, in several instances looked for the applicant to bring in something in a
very generic sense that to benefit the people of the city in exchange for that
increase in the value of their lot. That is correct the council has both
adopted a formal community benefits policy for the two downtown districts as
as well as for general plan amendments that have come through to the council.
The council has looked to see whether the applicants would bring forward some other
type of benefit that they would propose as part of the project and that's taken various
forms.
Sometimes it's financial payments, sometimes it's additional affordable housing, sometimes
it's infrastructure improvements.
various things that the council has looked at but that the council has looked
at that on general plan amendments and and applicants have come forward with
that in the past okay and then as far as what we're you know because we're at the
point where we're just giving them a license to hunt for the general plan
amendment as opposed to the actual general plan amendment in describing what
we would want to see when they come back to us I think you have said that they we
could ask them to bring in a specific development proposal,
can we, is that, am I?
I would characterize it, if the council would like to see
site plan options, you can do that.
Bringing in a specific development plan proposal
might be more than some developers are willing to do.
If they're actually the developers, they could do that.
But the council could, you know, you have a pretty clean slate
when you're looking at a general plan amendment,
and you can ask for what the council believes
it needs to understand to be able to make the decision
as to whether you grant a general plan amendment.
This is your, when councils act on general plan amendments,
they have a very broad legislative authority.
Keep in mind, 1530 Shuey, as I understand it,
is not a property that was kind of increased in density
in the housing element, so it maintained the same density.
Correct, okay.
It maintained the same density,
So the council is really riding with,
the council has options
in terms of how they wish to pursue this.
And so requesting a site plan and general,
a generic site plan as a potential,
is requesting a development agreement also a potential?
The council can request a development agreement.
You've done that on other general plan amendments
as the council's aware.
Development agreements under state law
are voluntary on both sides.
And so the council can request
And they can consider whether or not they've received it,
but the city can't force a development agreement
on a property owner.
All right, thank you.
Ms. Melver Silva.
One of the issues is really what this parcel will look like,
but also what will be visible
from the Almanchui neighborhood as it stands today.
So let me go to what is physically possible in terms of,
without considering ROI and cost. Right now on the parcels that are MUD, what
are the height? At 50 feet. Pardon me? 50 feet. And that includes the two parcels
that are to the east of 1530. How many will let them happen? They should be numbered. So the
parcels that are on stow but are to the east of 1530 Shoei. What are the, well, on
the other, the four that are in orange, what are the heights? 50 feet. 50 feet,
including the two on stow. Yes. So, and in a theoretical world, those heights can go
taller under measure A, B, if they get at an affordable level that necessitates
waivers. This is without 1530 in the mix. Under state density bonus law. Under state
density bonus law. I don't know. Is there any available capacity under measure A for the other
lots or are they already at their measure? A limit. I wouldn't know. The lots that the council's
referring to right now, I don't know. Do you know them? That's it. They're right at the limit right now.
They're right at the limit. Okay so the only way they could exceed is through state density bonus law.
So right now, if I'm recalling what I see as I come around the bend right at
where Almond Court and Almond or Shoei Avenue verge, when I'm looking
toward Mount Diablo, the reason I'm able to see Mount Diablo isn't just because
of a single-story family home, it's because all of the other parcels are
working at a single-story level. So no matter, and I'm just going to be very
blunt, no matter what we do tonight we cannot protect that view because those
other parcels are have a high I have a 50-foot height limit without any state
density bonus law etc. So that's the reality as I see it it doesn't it's
where my brain is cogitating so what are they allowed to do on a D3 if it just
State D3, what's the constraints,
does state density bonus law apply
to a single family residential parcel?
So my understanding is that it kicks in at five units.
So once you develop five or more units,
you can apply state density bonus.
So on 1530 Shuey,
the maximum residential density is three units.
The maximum is three units,
but can I trigger state density bonus law?
Developed individually. If you have common ownership and you come in with a
common development then you don't have a residential development that's limited
to three. So if you're only talking about building on 1530 alone that that may not
invoke state density bonus law but if you have common ownership of the lands and
you come in with a common development then you have a residential development
that's more than five units and that's the threshold understood. Across the
multiple parcels. Correct. Okay. Thank you. To the city attorney, no more than, under
that scenario, no more than three on on 1530 Shuey. Correct. You'd calculate the
density bonus off of the maximum that would be allowed under the general plan,
which would be three for that parcel. Yeah. But once I calculate it, let's say I
I get a fourth unit?
Am I allowed to ask for a waiver to exceed the height limit?
Yes, you are.
Yes, you are.
And that would be true if you've invoked state density
bonus law.
So from a practical standpoint, if the development that came
in was only on 1530, you may not be able to do that.
But if it's combined through common ownership of the land
common development as one project, then you would be able to invoke the rights that are
granted, incentives and concessions under state density bonus law.
Okay, thank you.
Okay, I've got a kind of touchy feely question, which is what I've heard from the people who
are around this particular lot.
They just want their neighborhood to be very much what it is right now.
Can you can you imagine a building that goes on the lot that manages to respect the kinds
of housing and and and not maybe make it exactly the same but is respectful of the neighborhood
and do you design am I asking a question you can understand enough to answer okay well
Then come and answer it, please.
In our previous proposal, that was 275 units
that we're not going to do.
We took the first three floors of those buildings,
and we made them look like residential homes.
And so for the architectural perspective,
most people are looking like this.
And so the ground floor all the way up shoey and wrapping
around was going to be to look like single family homes.
And so yeah, we could do that on 1530, the same thing.
We could keep that character at the ground floor level
and then do it by step back, do what we would do on that site.
Does that answer your question?
It does.
I'm really impressed.
Thank you.
Thank you.
All right.
I believe that we're ready to bring this back.
Building on Councilmember Francois's questions and the mayor
attempts, do we have the ability to say we won't say yay or nay
about even considering this until we see a site plan that addresses, not a site
plan, schematics that address the issues that have been mentioned by the
the neighbors? So essentially to continue this the consideration that you're doing
right now until you see a site plan? I just want to make sure I'm understanding
that. I don't like the word site plan what I mean is drawings that look like a concept
drawing. A concept. Yeah yeah so if the council wanted to see a concept drawing
before it even makes this initial determination tonight you could ask that
of the applicant and if they can provide that you could continue action on this
until after you receive that so that is an option for you the council could also
ask for that if you let it go forward and have them present it to the Planning
Commission as well too but if the council wants to see it first you could
you could request that of them I okay here from the applicant really we have
three three potential options here one of which is to say no one of which is to
say yes and one of which is to say come back. Right so the third one would be
that you continue what you're considering tonight have them come back
and then you make the decision as to whether you want to deny it at that
point or allowed to continue to be processed. You are and this is a
legislative action so you're not operating under some of the time limits
that exist for adjudicatory action so you do have you do have some discretion
here. And there is actually a fourth option which is to say yes we will
consider it, but at the time that it is considered you must have a site plan.
Yes. Okay I'm going back to this is now Council discussion time and I would
dearly love to hear somebody step forward and I'm looking at all the
prior planning commissioners. Okay Matt you're... Okay thank you mayor and thank
Thank you everyone again for coming out tonight.
Thank you to Mr. Campos for hearing us the last time.
I think what some of us are struggling with, including myself, is it's difficult to say
yes without go forward and study, go through the process without seeing an actual plan
of what's proposed.
And so I'm falling in the category of come back, not no but come back, show us what you're
proposing.
I understand it's a proposal to maximize the number of units, and I get that.
And I know we're in a housing crisis and we need housing units.
This set of parcels is adjacent to a very special neighborhood.
And I know you recognize that and you pulled back
the original proposal so it didn't go across the street.
And I think that was significant,
but I still think there needs to be some significant thought
and care given to even the scaled down proposal.
I have to say I'm not convinced the MUD
is the right designation for this.
Maybe we leave the general plan designation as it is
and consider with a plan development zoning
so that we, the city, and the commissions
have some control and discretion
over how this project ultimately looks, feels, and develops.
So that's where I'm landing on this currently.
Council Member Selvay?
I agree, and I really appreciate everyone
coming in to say something.
We need housing, but we also need to make this
if it were to go in that direction,
transition appropriately.
And right now, some of the words
coming out of the proposer's mouth are,
we're gonna maximize, we're gonna maximize,
we're gonna maximize.
On the other side, we can't protect that view
because it's not, even at a 25-foot house,
two stories with a pitched roof
could potentially block the view
and whatever they build on Bonanza in California
will block the view of Mount Diablo.
So I think we have to be realistic
in how we approach this.
And this is one of those where, how do you divide the baby?
I'm willing to let this come back to us
with a concept drawings from the street,
not hanging up in the air with a drone
that shows what all of these neighbors would see
standing at Almond Court and Almond?
And how can it make it look like it belongs
in the neighborhood the same way the multi,
the small multi-family project that sits
between Heritage Point and the office building
directly across the street on Shoei?
How that integrated into the neighborhood.
Council Member Wilk.
This, the area here is where we are looking
as a council to be able to mitigate climate change,
make sure that people are in their cars less,
be able to walk to areas, walk to BART,
downtown, Broadway Plaza.
And so the location of it is ideal for that.
Taking into account, of course,
the fact that it is also next to the one protected
neighborhood that we have in Walnut Creek,
I look very hard at any type of general plan amendments
or any kind of rezoning, and while I,
and I understand where this, the plan would be something
that could potentially be amenable.
So it's not something where I would be looking to deny this.
I would want to see this come back and go through the process
and be able to see what kind of plan development
would there be.
This could very well work out,
and it is in an area where it should be able to work out,
right on California, but I think it's important
be able to see what that plan looks like as opposed to something that is
hypothetical at this point I think that's that's fair to the city it's fair
to the city council and mostly important it's fair to the residents that's where
I'm coming down. Mayor Pro Tem and I appreciate everybody coming tonight I
appreciate the applicant putting the work into this a couple things that I
would be looking for I think councilmember Francois laid out a direction
that I could support.
There's a couple things that are easy to put in that
because it sounds like it's what you guys
are already envisioning.
One of my apprehensions about using the MUD
is the potential for commercial, a long stow
or that back part of Shoei.
And I think that's not something you're interested in.
So coming back with something that says
that that's what you're doing.
Looking at a long stow, making sure that you have
a step-back setback type arrangement there
that respects our commitment to protecting the Amunshui
would be something I'd be looking for.
Looking at, because we have both community benefits
as the formal West Downtown plan,
but also what, if we move forward with this proposal,
is there in it to benefit the residents of the city?
that will be something I'll be looking for.
And, you know, it doesn't need to be, you know,
60% engineering design drawings,
but a conceptual site plan that lays out
massing what the neighbors will see
and commitments that you're making
to the architectural elements
that will make it fit within the neighborhood.
I think I could go with that.
Okay, you have a very good record
for being respectful of neighborhoods.
And one of the things that I have to constantly
remind myself is change is inevitable.
Make it the best change you can make it.
And I think that this corner
is if you will forgive me more than a little dog-eared
on the California side, it's really a drag on the city.
And I think it's a chance that we can come up,
come up with, I'm not gonna, I'm not creative,
so I'm not gonna come up with anything
other than finishing this sentence.
But I think we can make something,
make that corner be something that introduces
the Shoey neighborhood coming from California
and kind of lets it know that this is the last
of the big changes that are going to go there.
If we leave it there and watch it disintegrate,
I think we have a dear expense to the city
and even to the Shoey neighborhood.
So this might be one thing that can save it
and protect it even better
than not having anything scary at all.
So I agree with everyone,
with what everyone said ahead of me.
And so I think we have a conclusion.
Do we need a formal motion?
Yeah, we would, staff would recommend
that the council entertain a motion.
And it sounds to me like the majority of the council
was supporting the direction
that council member Francois was indicating.
So it might be appropriate that he make the motion.
Without getting too prescriptive on this,
I think we're just moving to continue this item
to a date uncertain and asking the applicant
to consider the feedback that we provided.
I'm fine with that of that.
We understand that and to be clear,
individual council members had somewhat individual requests.
There was a consensus, I think, for our concept plan,
but there were some additional asks
by some of the council members.
And so as part of council member Fres was motion,
if you agree, we would consider those
to be part of the motion as well too.
So maybe we should be a little more specific.
So continue to a date uncertain
with the primary feedback given
that there be concept drawings
and that the proposal be reconsidered
in terms of the ask,
that in terms of either a plan development zoning
or some type of general plan designation
that allows the city to retain flexibility and control
over this site and the adjacent sites.
I'll second that.
All right.
Roll call, please.
Council Member Francois.
Mayor Pro Tem Darling? Aye. Councilmember Silva? Aye. Councilmember Will? Aye. Mayor
Haskew? Aye. Motion carries unanimously. Okay we have come to the end of the
meeting and we are adjourned until the next meeting. Thank you.