[0:15] you [0:15] . [0:16] I'm kevin wilk, mayor of the [0:19] city of walnut creek and [0:20] welcome to the regular meeting [0:20] of the walnut creek city [0:22] council. [0:23] >> the city council is [0:24] conducting this meeting from [0:26] the city council chamber. [0:27] This meeting is being video [0:27] streamed and could be viewed [0:30] live or later on the city's [0:33] website as some attendees MAY [0:34] be participating in their first [0:35] walnut creek city council [0:37] meeting. [0:38] I wanted to welcome everyone [0:39] and talk briefly about the [0:42] public comment process for each [0:45] agenda item there will be an [0:46] opportunity for public comment [0:49] on the item thus if you desire [0:50] to speak to an item on the [0:50] agenda this evening please hold [0:53] your comments until the city [0:53] council considers that item. [0:57] Additionally we have a section [0:57] on the agenda titled public [0:57] - [1:00] communications which is for [1:01] public comments for items not [1:04] on the agenda any comments [1:05] during public communication [1:06] should not relate to an item [1:08] that is on the agenda this [1:11] evening consistent with section [1:13] 9.5 of the city council [1:14] handbook 30 minutes will be [1:15] initially allocated for public [1:18] communications for items not on [1:18] the agenda additional time for [1:21] public communications for items [1:22] not on the agenda will be [1:25] provided at the end of the open [1:25] session portion of the meeting [1:26] if necessary. [1:29] If you desire to provide a [1:29] public comment please complete [1:33] a speaker id card and line up [1:33] behind the lectern at the [1:36] appropriate time. [1:37] Wait your turn and then when [1:38] you approach the lectern please [1:40] state your name and city of [1:43] residence for the record you [1:43] will have two minutes to [1:46] address the city council to [1:47] pursuant to california [1:51] government code section 54953.4 [1:52] sb 707. [1:53] Members of the public MAY also [1:56] participate remotely via zoom [1:57] if you are participating via [1:57] zoom and would like to make a [2:00] public comment please use the [2:01] raise hand feature or press [2:03] star 90 for calling by phone [2:04] during the agenda item on which [2:06] you wish to comment. [2:07] >> again you will have two [2:08] minutes to address the city [2:10] council. [2:11] Please keep in mind that this [2:14] is a city business meeting. [2:15] The city council has adopted [2:18] rules of decorum to ensure that [2:18] meetings are conducted [2:19] efficiently and effectively and [2:22] that all members of the public [2:23] have a full, fair and equal [2:26] opportunity to be heard. [2:27] The city council handbook [2:29] outlines decorum expected in [2:30] the council chamber and can be [2:31] found on our website. [2:34] All remarks should be addressed [2:34] to the city council. [2:38] Please do not use threatening, [2:38] profane or abusive language [2:42] which disrupts disturbs or [2:42] otherwise impedes the orderly [2:45] conduct of the council meeting [2:45] . [2:48] Again each speaker will have [2:49] two minutes to make your [2:49] remarks. [2:50] Written comments submitted and [2:53] received up to wo hours before [2:54] the meeting have been posted to [2:56] the city's website for public [2:56] review and are included in the [2:59] meeting record but will not be [3:03] separately read into the record [3:03] . [3:04] >> all right. [3:04] Well good evening. [3:08] I'm kevin wilk, mayor of the [3:09] city of walnut creek and [3:10] welcome to the tuesday, [3:11] SEPTEMBER 1st, 2026 regular [3:11] meeting of the walnut creek [3:14] city council. [3:15] >> and if you please join me in [3:18] the pledge of allegiance I [3:21] pledge allegiance to the flag [3:22] the united states of america [3:25] and to the republic for which [3:26] it stands one nation under GOD. [3:29] Indivisible with liberty and [3:33] justice for all. [3:34] >> and city clerk susie [3:37] martinez. [3:37] >> would you call the roll, [3:38] please? [3:39] Councilmember darling I'm here. [3:41] Councilor devaney here. [3:41] Councilmember silva is here. [3:44] Mayor pro tem francois. [3:45] Dear mayor, welcome here. [3:48] All right, so the first item is [3:52] a proclamation for emergency [3:53] preparedness month. [3:53] And I would like to invite [3:56] recently retired cert member [3:57] don providence to receive the [4:03] proclamation. [4:07] >> additionally, I would like [4:08] to take a moment to recognize [4:08] don with a certificate of [4:11] recognition in honor of his [4:12] retirement after 16 years of [4:15] service to walnut creek state [4:15] and our community. [4:17] And since completing his cert [4:18] training in 2010, don has been [4:19] a leader in building and [4:21] strengthening the emergency [4:22] communications group. [4:23] He helped establish critical [4:26] radio infrastructure, secured [4:26] grants to modernize our [4:27] emergency communications [4:29] capabilities, developed [4:30] training and used throughout [4:34] that use throughout contra [4:34] costa county and led our [4:35] volunteers in regional and [4:37] statewide emergency [4:37] preparedness exercises. [4:38] Through his expertise [4:41] leadership and generous [4:42] commitment to mentoring others, [4:43] don has helped ensure that [4:46] walnut creek is better prepared [4:47] to communicate and respond when [4:49] disaster strikes. [4:50] Don thank you for 16 years of [4:53] dedicated service and for the [4:54] lasting impact you've made on [4:56] our community. [5:00] >> now you have findlay. [5:04] >> don't believe any of that. [5:05] >> all I can say is it's been a [5:07] privilege to serve this city [5:08] for so long a city that has [5:11] returned so much to my family, [5:12] to myself and my family. [5:15] We've lived here almost 50 [5:15] years so it's been a privilege. [5:16] >> thank you. [5:19] Well, thank you, don. [5:19] >> don't go away. [5:20] Don't go too far there. [5:23] We are going to take a picture [5:23] with you. [5:26] And do we have a subpopulation [5:26] ? [5:37] This is this is not it. [5:42] But look up here. [5:42] >> let's do the picture and [5:45] then we're going to grab the [5:48] proclamation and we'll do our. [6:04] Luckily we have something right [6:04] ? [6:04] Right. [6:04] oh yes. [6:06] Very conservative government [6:07] regulations. [6:15] So so family fairly short [6:16] reverse. [6:16] >> okay. [6:17] So I look at that. [6:17] One, two, three. [6:17] Okay. [6:19] The official that we need to [6:28] face again one more word to the [6:29] area. [6:29] Hi there. [6:31] How is your face? [6:35] I think it's o pretty. [6:35] Thank you. [6:36] Thank you very much. [6:38] Thank you. [6:38] >> thank you. [7:00] Okay. [7:01] Next on the agenda is the [7:04] consent calendar. [7:05] Does any council member wish to [7:08] pull any item for discussion? [7:08] >> and does any member of the [7:09] staff wish to pull an item for [7:10] discussion? [7:11] Ys. [7:12] Yes. [7:17] I have questions on item two g [7:17] please. [7:19] >> to g so I'll pull to g. [7:20] And as any member of the public [7:23] wish to provide public comment [7:24] on the consent calendar either [7:28] please come forward here. [7:28] Thank ou. [7:29] Or if you're remote please use [7:32] the raise hand feature or press [7:32] star nine if you're calling. [7:33] If you'd like to provide remote [7:36] public comment if you're [7:36] attending in person please [7:37] complete a speaker id card and [7:39] come forward and line up behind [7:43] the lectern at this time. [7:44] >> it doesn't look like we have [7:45] anybody in person. [7:45] Do we have anybody and we have [7:47] no remote comment. [7:47] >> no remote. [7:50] Okay then so can I have a [7:51] motion on the remaining items [7:54] on the consent calendar? [7:55] >> all right. [7:58] Well then I will make a motion [7:59] on the remaining items. [8:02] I move to approve items two a [8:02] through f and h. [8:05] Second with a motion to second [8:06] call the roll, please, mayor [8:09] well, I mayor pro tem francois [8:10] councilmember darling I [8:12] councilmember devinney [8:13] councilmember silva I am [8:16] curious and okay so now item [8:16] two g. [8:19] Thank you very much mayor. [8:23] The item is a five year [8:24] agreement for a contract for [8:27] services and for software [8:31] services for basically [8:31] ticketing in the arts and [8:32] recreation department. [8:36] So my first question is does [8:36] this is there a separate system [8:39] that lesher center ses or will [8:42] this be the same system? [8:43] Chris farrow arts and rec [8:44] director the lesher uses a [8:46] separate system for ticketing. [8:47] >> this is used primarily by [8:51] our recreation and parks folks [8:52] for facility rentals, picnic [8:55] rentals and then program [8:56] registrations. [8:59] >> okay we it was in MAY that [9:00] when we approved the first year [9:02] of the agreement so this is now [9:03] approving five years of the [9:08] agreement actually for six. [9:09] This is a replacement of the [9:11] previous action. [9:12] >> there was a staff error. [9:15] So previously what was approved [9:20] was the implementing fee, the [9:20] technical account management [9:23] fee and the annual subscription [9:23] . [9:26] >> so the 582 674 which on page [9:30] two if you look at that table [9:30] what was included in the [9:33] original ask was columns one, [9:37] two and four after the approval [9:38] staff as we are moving forward [9:41] with an active not realize that [9:42] we take in transaction fees and [9:45] it's basically a pass through. [9:46] So we're charging those using [9:49] the system a transaction ee [9:50] and then we're paying that [9:53] transaction fee back out. [9:54] So we did not include that in [9:58] the original ask and we need to [9:58] because it is both a revenue [10:02] and an expense to us and even [10:03] though it's a net zero we still [10:05] need council authority for [10:05] those funds. [10:09] So we recalculated the amount [10:09] based on including the [10:12] transaction fees. [10:13] And since we were coming back [10:16] to council we also decided to [10:17] add some hardware just in case [10:17] we need it. [10:20] As of right now we've been told [10:21] by the active net that our [10:24] current hardware the things [10:27] that we use to to scan for [10:29] example or to swipe will work [10:32] with the new system. [10:33] >> so that's why we hadn't [10:33] included it. [10:36] But since we were coming back [10:37] to council anyways we thought [10:37] it's probably in our best [10:40] interest to include some [10:40] hardware costs just in case we [10:43] run into a place where we need [10:44] to dish to replace some [10:47] hardware to be to work with the [10:48] new system. [10:48] So we did that as well. [10:51] So the total amount when you [10:56] include those transaction fees [10:57] is 1,798,358. [10:58] >> but I want to note that all [11:00] of those transaction fees will [11:00] net out. [11:04] we just need to ask for council [11:04] approval in order to pay the [11:05] expenditures but we will see [11:08] that on the revenue ide as [11:09] well. [11:09] > so let me clarify make sure [11:12] I understand trance absolutely [11:15] fee seems to be the fee like [11:16] the bank charge for using a [11:19] credit card correct card so [11:20] these are standard fees and [11:23] this is not a guaranteed [11:23] amount. [11:24] This is just an estimate based [11:27] on certain levels of revenue, a [11:31] certain number of transactions [11:31] that we've experienced in the [11:32] past and then projecting out. [11:32] Yes. [11:35] And does this system allow us [11:38] to we recently at the last [11:39] meeting approved our user fees [11:45] that included a resident [11:46] benefit payment discount [11:50] discount is does this system [11:51] allow us to do this? [11:53] It does great. [11:54] Thank you, mayor. [11:54] Thank you. [11:57] Do you have any other questions [11:58] on this item? [11:58] No. [12:00] Okay. [12:01] And councilmember silva, would [12:03] you like to make a motion and [12:04] move to approve item two g in [12:07] the consent calendar which is [12:08] the authorization of the city [12:11] manager for a five year [12:12] agreement? [12:12] We're about to network four for [12:14] recreation management software [12:15] services in an amount not to [12:19] exceed just about $81.8 [12:19] million. [12:22] Second, we have a motion to [12:23] second and a third. [12:27] >> councilmember silva I [12:28] councilmember darling I [12:28] councilmember devinney to my [12:30] right mayor pro tem francois [12:34] mayor well I ight so next on [12:35] the agenda is public [12:37] communications. [12:38] This portion of the meeting is [12:39] reserved for comments on items [12:41] not on the agenda. [12:42] All remarks should be addressed [12:42] to the city council. [12:43] Please do not use profanity [12:45] during your comments. [12:46] Under the brown act the council [12:47] cannot act on items raised in [12:49] public communication but MAY [12:50] respond briefly to statements [12:53] made or questions posed request [12:53] clarification or for the item [12:54] to staff consistent with [12:57] section 9.5 the city council [12:58] handbook 30 minutes will be [13:00] allocated at this time for [13:01] public communications for items [13:02] not on the agenda additional [13:04] time for public communications [13:05] for items not on the agenda [13:06] will be provided at the end of [13:08] the meeting if necessary. [13:09] Written comments submitted have [13:11] been posted to the city's [13:12] website for public review and [13:13] are included in the meeting [13:14] record but will not be [13:16] separately read into the record [13:18] at this time I'll note that the [13:19] time is 614 and we'll take [13:22] public comments and items on [13:23] the agenda until approximately [13:24] 644 and then the remainder of [13:26] any such comments at the end of [13:27] the open session portion of the [13:30] meeting please use the raise [13:30] hand feature or press star 90 [13:31] for calling in if you'd like to [13:33] make a remote public comment [13:34] and this time if anybody would [13:37] like to make any in-person [13:37] - [13:38] comments and please come [13:41] forward fill out a speaker card [13:41] . [13:42] i see MRS. Warren has one in [13:45] her hand and you'll have two [13:46] minutes. [13:46] Good evening jan warren from [13:49] the woodlands. [13:50] It's maybe technically not a [13:53] city council question but maybe [13:57] you can direct me a month or [13:58] two ago on next door or [13:58] somebody was talking about the [14:01] we get a lot of action on [14:02] ignacio and I live off of oak [14:04] grove and and there was a car [14:05] that was n fire and it was [14:09] between an our city and like on [14:12] the line almost the way they [14:13] talked about it our city and [14:14] concord and of course we're a [14:17] consol predated fire department [14:20] and so they were you know too [14:24] stressed the same like you know [14:24] no no walnut creek people are [14:25] coming out or something and so [14:28] I was just curious is there a [14:29] contact for the con fire or [14:32] whatever it's called now to ask [14:33] how that's done you know [14:37] somebody calls in and I guess [14:37] it's like a dispatch that would [14:40] go and say hey, so but would [14:40] they pull someone possibly from [14:44] our station and from a station [14:45] in concord or do you have any [14:46] idea who I could talk? [14:47] Well, con fire me obviously you [14:48] would call 911 if you saw that [14:49] and they would decide where [14:51] it's coming from. [14:52] What I would suggest is we have [14:53] our chief of police in the back [14:56] of the room and he'd be happy [14:56] to talk with you about that. [15:00] But if anybody sees a car on [15:00] fire on any road that you're [15:03] on, call 911 and let dispatch [15:04] figure out who's going to get [15:04] there. [15:07] Yeah. [15:08] >> thanks jan kevin, if I if I [15:11] could add the con fire is a [15:12] county jan well I just can let [15:12] you know con fire too. [15:14] That's a county district so [15:14] they're not they're not [15:18] responding ased on, you know, [15:18] city boundaries and when [15:21] there's a fire there's often [15:22] more than one unit deployed so [15:25] they'll someone's responding [15:29] and and they're not they're not [15:30] concerned about the the city [15:33] lines yeah I can I can I'm [15:34] aware of that oh understanding [15:36] the people's position oh okay [15:37] thank thank ou. [15:38] Jan do you have any other any [15:40] other public comment here in [15:44] the chamber. [15:44] >> right. [15:44] Seeing none. [15:45] Do we have anybody on line? [15:48] No one on line and nobody on [15:48] line. [15:50] So we will close public comment [15:51] and we will move to council [15:55] member and staff announcements [15:55] reports and activities r [15:59] requests the city attorney do [16:02] we have any announcements? [16:03] >> no closed session [16:03] announcements. [16:04] City manager any report? [16:06] Yeah I do have one I want to [16:07] update this evening. [16:08] Mayor dan buckshi sure I city [16:11] manager as many of you are I'm [16:11] sure are aware yesterday was [16:14] the last day of the legislative [16:15] session in sacramento for the [16:17] state government. [16:18] This would be the 2026 session [16:21] and is the the second year of a [16:22] two year session. [16:25] I just thought I would give a [16:26] very high overview just to give [16:28] a ense of scale in terms of [16:29] what's occurred. [16:29] So in 2026 the state [16:35] legislature introduced 846 [16:35] bills. [16:38] so think 846 new laws that were [16:39] introduced. [16:42] Of those 1103 were approved by [16:43] the legislature and move [16:45] through. [16:49] So more than you know, roughly [16:50] half or a little more than that [16:52] of that 177 have been in signed [16:56] into law and 926 emain with [16:57] the governor for his review and [17:02] he has until AUGUST 30th AUGUST [17:03] 30th to take action on those [17:06] bills or I'm sorry SEPTEMBER [17:06] 30th. [17:07] >> yeah. [17:07] Thank you. [17:08] It would be hard to do, [17:09] wouldn't it? [17:10] And I would just highlight [17:11] there are several bills that [17:14] are quite impactful to walnut [17:14] creek and to other cities. [17:17] I won't go into those details [17:18] but I do anticipate some [17:19] budgetary pressures as a result [17:22] of these bills if they are [17:22] passed and other regulatory [17:25] changes that we will and [17:26] challenges that we will be [17:26] dealing with. [17:29] Our intention is to ave our [17:30] consultant from townsend public [17:32] affairs provide an update [17:33] likely in OCTOBER with more [17:37] details about those bills once [17:37] we know what's actually signed [17:40] or vetoed by the governor. [17:41] >> thank you, jim. [17:44] And now we have city council [17:46] member reports on ab one two, [17:47] three four activities. [17:47] Let's start over. [17:50] Councilmember silva how did I [17:51] know you were going to turn and [17:51] look at me first? [17:53] Thank you mayor so two items [17:57] that I wanted to spend a little [17:57] bit of time on the diablo [18:00] regional arts association which [18:01] is our partner in our [18:02] fundraising partner and program [18:05] support partner for the lecture [18:05] center of the arts held its [18:08] regular board meeting yesterday [18:08] . [18:09] It's one month until on [18:12] broadway which is OCTOBER third [18:13] which is the annual fundraiser [18:14] where they focus on raising [18:17] funds to support arts access [18:20] programs and other special [18:21] programs at the leisure center [18:22] and the arts access program [18:24] really brings children from [18:28] underserved local schools into [18:29] the lecture center to [18:32] experience some of their very [18:33] first theater performances such [18:39] as a christmas carol who are [18:43] discussion focused on the [18:44] upcoming event and the year and [18:48] what it's sold out. [18:48] But you should go online to [18:51] daria talk to see if you might [18:52] get a single ticket if it's [18:54] available. [18:55] They also described that [19:00] martinez refining company is [19:04] basically launched a partner [19:05] program with the local [19:09] elementary school in martinez [19:12] and with the dry age provide [19:16] afterschool enrichment programs [19:17] that are choral about choruses [19:20] and singing and it is for [19:21] grades k through five and they [19:24] have 60 children signed up for [19:25] it and this basically reflects [19:28] the value of the partnership [19:29] that we have with d-r, the [19:32] bedford gallery kaleidoscope [19:33] which is this current show will [19:35] close on SEPTEMBER 13th. [19:39] Kaleidoscope is a play on words [19:39] . [19:40] It's all sorts of images that [19:44] are it's call of kaleidoscope [19:46] has in kelly I just go and then [19:50] the new show will open at the [19:51] end of the month called [19:54] portraits in tufte so textures [19:58] and textiles and center reps [19:58] opening night for glass [19:59] menagerie is next week nd it [20:02] should be a great show. [20:05] Last week was the AUGUST [20:06] meeting of recycle smart which [20:07] is the central contra costa [20:09] solid waste authority. [20:13] We are in the process of [20:13] implementation for the new [20:14] franchise agreement which will [20:17] start next spring and one of [20:18] the things we learned the last [20:21] week at our meeting and council [20:22] member mayor pro tem fran so [20:25] I'll sort of joins me on that [20:26] board. [20:26] One of the things we learned is [20:29] that there are 68,000 single [20:29] family households that we [20:32] collect trash and recycling and [20:36] organics waste from in orinda, [20:37] morocco, lafayette, danville [20:40] walnut creek and the [20:40] unincorporated areas that [20:44] surround s and about 30% of [20:47] those single family homes will [20:48] be having their day of pickup [20:51] change in MARCH with the new [20:52] routes and the new trucks. [20:55] So there's a major campaign [20:56] communications campaign that's [20:59] going to be happening and all [21:00] of us that were there said that [21:03] our cities will be supportive [21:04] of it with our whatever [21:07] outreach we have, whether it's [21:11] psa is on walnut creek tv, the [21:11] nutshell city managers [21:15] e-newsletter ecause it's going [21:15] to come as a shock to people [21:18] and there's lots of ways to [21:19] communicate but it's also it's [21:22] a third of the number of people [21:23] the households that we have in [21:26] the territory. [21:27] Te other thing that's going to [21:30] happen so starting NOVEMBER is [21:31] one of the concerns that we [21:34] have with the landfill the [21:34] black card is that people [21:38] overstuffed them or they leave [21:41] extra trash in a bag next to [21:42] the containers and these are a [21:45] problem for a number of reason [21:46] trash left on the ground is [21:49] even if it's bagged can [21:50] sometimes end up in the storm [21:50] drains and then our public [21:53] works people and the clean [21:53] water people don't aren't happy [21:57] plus it is more likely to [22:01] damage the art when they're [22:02] tipping it and causing trash to [22:04] fall on the streets. [22:05] Republic service currently in [22:08] their ontract is allowed to [22:09] charge $10 each time there's an [22:12] overage like that and now they [22:13] have the technology on the [22:16] trucks to be able to know that [22:16] every address that has [22:20] overstuffed that means the lids [22:21] not shutting tight, overstuffed [22:25] or left with a bag at the side. [22:26] So they're also going to be [22:28] reaching out and letting us all [22:29] the customers know that these [22:31] charges will start and it's [22:32] really important to realize [22:35] that if you have it's every [22:36] once in a while it's [22:39] understandable. [22:40] But if it's a regular [22:41] occurrence, what you really [22:41] need to do is rightsize your [22:44] cart and pay for he cart that [22:47] you need which if it's most [22:48] people are at a 32 gallon cart [22:50] and if you need a 64 gallon [22:52] cart then you should get a 64 [22:53] gallon cart and you won't be [22:56] having overage overage charges [22:56] . [22:57] And mayor pro tem, are you [23:01] going to report on the schools [23:02] or do you want me to do can [23:04] okay I'll let I'll let the [23:05] mayor pro tem do that and there [23:05] have been a lot of activities [23:08] and events and more to follow [23:08] in the coming months. [23:09] Great. [23:13] Thank you very much. [23:13] >> well actually let's go to [23:14] mayor pro tem so we can just [23:15] going to be of a follow up [23:16] question on the the over stuff. [23:17] >> I'm just curious that is [23:20] this all the containers were [23:21] they just just the black just [23:24] the black okay. [23:24] So linking the green waste in [23:25] my mind I've always got a [23:26] branch that's sticking out of [23:27] the top and that's not so much [23:28] of a problem. [23:30] It's really that the black [23:31] waste where they find the [23:35] greatest level of it and one of [23:35] our colleagues on the on the [23:39] board suggested you make [23:39] friends with your neighbor [23:40] because maybe what you do is [23:43] just take your bag down to your [23:43] neighbors pin thank you for [23:44] clarification. [23:46] Yeah. [23:47] Thank you mayor so I'll start [23:50] with the recycle smart and [23:51] councilmember silva, I just [23:54] want to give a shout out to our [23:55] great staff at that authority [23:58] who not only put us in a good [24:01] position to have new contracts [24:02] for collection and post [24:06] collection services, en year [24:09] contracts two years in advance [24:09] of the date that we needed them [24:12] which is next MARCH but also [24:13] now have prepared [24:16] implementation plans, pretty [24:17] detailed implementation plans [24:21] and worked closely with all the [24:21] providers including republic [24:25] and mdr to make sure that we're [24:26] going to hit the ground running [24:29] next year which I have every [24:32] confidence that we will. [24:33] >> we did get our annual report [24:36] school progress report and I'm [24:40] pleased to announce that [24:40] several walnut creek elementary [24:44] schools as well as middle [24:45] schools received waste buster [24:48] awards which means they were [24:51] successful in diverting 75% of [24:55] waste from the black can or the [24:55] garbage can. [24:58] It went to organics or [24:58] recycling. [24:59] So these kids are getting the [25:02] message and doing a great job [25:03] and we all need to follow their [25:05] lead. [25:06] It was also interesting that [25:09] los alamos high chool kind of [25:12] clocked in at 71%. [25:13] High schools are kind of the [25:16] hardest demographic to get them [25:17] to change their behavior. [25:20] As many parents will know. [25:21] And that's true when it comes [25:24] to diverting trash from the [25:25] black hand. [25:25] But los alamos is doing a good [25:28] job and I think north gate's [25:31] numbers were up there as well. [25:32] So that's recycle smart. [25:35] I'm going to let the mayor [25:36] mostly report on the partner [25:40] city event with the youth [25:40] delegation from kita city, [25:44] japan. [25:45] But thank you for including me [25:45] in that. [25:48] That was a really fun event at [25:49] the leisure I know it was a [25:51] week long event and there were [25:52] a lot of behind the scene tours [25:55] with staff but we I [25:55] participated in the reception [25:59] at the lesher rotunda where it [26:03] was meaningful to hear from the [26:06] students 15 students from kita [26:09] city who had prepared a really [26:09] beautiful powerpoint and spoke [26:13] very good english in terms of [26:14] and presenting their city. [26:17] so look forward to welcoming [26:17] that delegation next year you [26:20] all will. [26:24] Had I was able to step in for [26:25] the mayor for an eagle scout [26:28] court of honor a week or so ago [26:32] and so really are just a a [26:36] delight to to participate in [26:36] those. [26:37] It's quite an honor to see the [26:40] years of accomplishment that [26:41] have led to this pinnacle and [26:44] the the adult leaders who are [26:45] there every step of the way [26:49] encouraging these young men on. [26:49] Evan oh kinds. [26:52] Robert peterson, william [26:55] pickett and nathan wong and [26:58] their projects ranged from [26:59] constructing wooden steps to [27:03] help the zookeepers at the [27:04] oakland to access the lion [27:07] exhibit more safely to creating [27:10] windbreaks at contra costa [27:14] sustainable farms creating owl [27:17] boxes for endangered species at [27:18] the lafayette reservoir and a [27:18] backpack and school supply [27:22] drive for monument crisis [27:22] center. [27:25] So well done to all of them and [27:26] let's see I attended the [27:29] rossmore board meeting last [27:30] week and was able to give them [27:33] an pdate on our JULY and [27:33] AUGUST activities. [27:37] They were attentive as always [27:37] had good questions. [27:40] They are interested in [27:41] participating in the general [27:44] plan update I assured them that [27:45] they would be included in an [27:49] outreach effort there and they [27:52] had some questions about our dv [27:52] strategic plan hich I was able [27:55] to give them an update on. [27:59] Let's see rounding things out. [28:00] I was able to step in for the [28:04] mayor for a ribbon cutting at a [28:08] volunteer esthetics here on [28:08] main street beautiful facility [28:12] they do specialize in facial [28:16] treatments and skin care. [28:17] I think I will be back for a [28:20] visit sometime soon. [28:21] I wanted to congratulate mar [28:23] and aisha. [28:24] Apparently they have several [28:27] their pakistani-americans at [28:31] own several skin care type [28:32] businesses in pakistan and [28:35] other businesses here in [28:38] california and this is their [28:39] first location in walnut creek. [28:40] So I was glad to see them there [28:42] and he chamber was there [28:43] giving them a warm welcome as [28:46] well and then finally along [28:49] with councilmember silva, I [28:50] attended the moonlight on the [28:54] mountain event on mount diablo [28:54] a fundraiser for save mount [28:58] diablo which is up on the [28:59] mountain kind of going up the [29:02] south gate and it's always a [29:02] fun evening. [29:05] It's beautiful location, great [29:05] food. [29:08] It got very cold. [29:09] So even with the blankets [29:13] people were kind of making a [29:14] beeline for the busses while [29:17] the live auction was still [29:17] going on. [29:18] But next year we'll all come [29:21] prepared and that's my update. [29:21] >> thank you mayor pro tem. [29:24] Let's go to councilmember [29:25] darling. [29:25] >> thank you. [29:29] Couple of things we all got a [29:29] chance to I think you were [29:30] there. [29:32] You were there and I think you [29:33] came with a civic crossing and [29:36] got a tour of the new [29:37] construction there and it's [29:37] fascinating because the [29:40] building is still inside and [29:40] the inspector walked us around [29:43] and explained all the different [29:44] safety features that go into [29:47] these multifamily buildings. [29:47] So that was quite fun. [29:52] You can tell I have been on [29:52] vacation a lot earlier this [29:53] year because I have traded my [29:56] farmers market and I have been [29:56] at the farmer's market two [29:59] weeks in a row now which is [30:02] always an entertaining time. [30:03] We a number of us went to the [30:06] chamber of commerce candidate [30:07] forum this morning to hear from [30:10] our there are two seats open [30:10] and two people running so we [30:13] had to hear from them. [30:17] Other chamber news their 100 [30:17] year celebration will be [30:21] OCTOBER 29th at kelly craft. [30:25] So beer drinkers unite and head [30:28] out to that angela ashley and [30:29] her husband opened their house [30:32] to a reception for the new [30:33] chamber ceo. [30:33] So that was really fun. [30:34] I think most of us made it to [30:36] that. [30:37] >> the biggest things going on [30:40] right now for me really are the [30:40] emcee world. [30:43] At our last meeting we walked [30:44] through you know we'd had an ad [30:47] hoc group working on the [30:48] response to the marin civil [30:52] grand jury and we have a draft [30:52] that was approved at the last [30:56] meeting that draft is being [30:56] finalized for the chair [30:59] signature and I should be able [31:00] to distribute a copy of that to [31:03] folks here in the city. [31:06] But basically we went through [31:07] each one of the grand juries [31:10] discussion items and either [31:10] agreed partially disagree, [31:14] discuss you know, did a bunch [31:15] of different things but [31:17] basically we talked through in [31:18] that report the things that [31:19] we're doing to make the [31:21] operations at mercy work better [31:22] and that will be what we are [31:25] doing between now and the end [31:28] of the year. [31:29] The next board meeting in [31:29] - [31:33] SEPTEMBER we will have the ceo [31:37] search firm coming to us as a [31:37] proposal as well as the first [31:40] report we have a consultant [31:41] that's working on governance [31:42] because it's a very large [31:42] board. [31:45] The agency has grown [31:45] tremendously. [31:47] It's four different counties, [31:51] 38 cities or 38 member agencies [31:51] . [31:52] So we're going to be hearing [31:52] from that. [31:54] The other thing that we are [31:55] looking at with the california [31:58] power grid is very complicated [31:59] and we have been looking at how [32:02] we are procuring ur power to [32:03] make sure that we're maximizing [32:06] the greenhouse gas benefits in [32:07] our cost effective in that we [32:10] have been holding a series of [32:11] workshops a number of the folks [32:14] in walnut creek and in contra [32:15] costa county interested in [32:17] sustainability have been coming [32:17] . [32:18] There is a survey in the field [32:21] right ow that is ue by this [32:22] friday and I've circulated that [32:25] to the members in contra costa [32:26] county that are interested in [32:29] sustainability and mce. [32:29] If anybody else would like a [32:30] copy of it I can get that to [32:32] them. [32:33] But overall we have a lot of [32:36] work to do between now and [32:40] DECEMBER and we are looking at [32:41] making sure that we are an [32:44] agency that can work together [32:44] effectively and represent our [32:48] multitude in this multitude of [32:49] rate payers in a way that makes [32:49] sense. [32:52] So that's my report for [32:52] tonight. [32:53] Thank you, councilmember [32:53] darling. [32:56] And then we have councilmember [32:56] devinney. [32:57] >> thank you, mayor. [32:58] I have a brief report this [33:01] evening I was able to attend [33:04] two chamber events this last uh [33:04] last go round. [33:08] One was the business and social [33:09] hour at the new diva workspace [33:11] on tree boulevard. [33:12] Very nice workspace. [33:13] So someone's looking for [33:16] something like that to get out [33:16] of the house. [33:19] Great destination and and [33:23] want to thank dan and angela [33:27] ashley angels our board f [33:28] chair of the board for the [33:28] chamber of commerce they opened [33:31] up their home and we were there [33:32] to celebrate katie barrows, the [33:35] new PRESIDENT And ceo of the [33:36] chamber and that was very nice [33:39] of them. [33:40] So thank you to them and that's [33:40] all I've got to thank you. [33:43] All right. [33:44] Well lot's been covered but few [33:44] of the things and I'll just [33:46] expand a little bit upon what [33:47] the mayor pro tem had mentioned [33:48] about the key to the city [33:50] students exchange which is [33:51] really phenomenal. [33:53] In fact I had many families [33:54] that were northgate families [33:55] came to me during the event [33:58] saying how how wonderful this [33:59] was for their own family to be [34:01] able to have that and shared [34:02] that experience. [34:05] And if think about how was 3040 [34:06] years ago you'd have an [34:10] exchange program, maybe they'd [34:11] share a couple of letters and [34:11] that would be it. [34:12] But now between social media [34:14] and emails I mean these [34:14] students MAY be friends for [34:17] decades and and visit each [34:18] other in their own countries [34:18] with their own families. [34:21] So it's really phenomenal. [34:22] And we already have talked [34:25] about the 10th anniversary of [34:26] when we had a partnership [34:26] signing with them nine years [34:29] ago and so next year the mayor [34:30] will come out council members [34:33] and leaders of the city will be [34:36] out here next OCTOBER and we'll [34:37] put on a show for walnut creek [34:38] for them as well. [34:39] So and you're not getting out [34:41] of that well, you MAY not be [34:42] sitting right here but you're [34:43] going to be here as well for [34:44] that. [34:45] So anyway, terrific. [34:45] We look forward to more [34:48] exchanges with not only key to [34:49] city but our sister cities the [34:50] chatto and chio folk in the [34:56] future I had the what a true [34:56] pleasure to cut he ribbon for [34:57] the 35th anniversary of [35:00] springfield montessori. [35:01] Now we cut a lot of ribbons [35:02] here we go we go to new [35:04] businesses. [35:05] We don't have a lot of personal [35:05] involvement with those [35:06] businesses. [35:08] We just met them and we wish [35:09] them luck. [35:09] We hope they're here for a long [35:12] time my kids went to two [35:13] montessori springfield [35:13] montessori and they went there [35:17] to seven and 25 years ago and [35:21] so it was truly a leasure to [35:21] be able to see the the [35:25] executive is running [35:25] springfield montessori and [35:26] bringing back some of the [35:29] former teachers that my own [35:32] kids had and this is how this [35:33] MAY be the best endorsement [35:34] that I can actually give of of [35:36] springfield montessori of [35:37] course I remember the teachers [35:41] they remembered my kids they [35:42] remembered shane and dario when [35:45] they were two years old and one [35:45] year old. [35:48] They remembered their best [35:48] fiends. [35:49] They remembered that the the [35:52] grandmother of orioles named [35:53] bobby I mean amazing and this [35:57] is the care that they put into [35:58] the kids that truly become part [36:00] of their own family too. [36:01] So it was truly a wonderful [36:05] experience to be able to cut [36:05] the ribbon on that and thank [36:07] you to to mike and cassava for [36:08] joining me on that one. [36:09] I also had the opportunity to [36:12] meet with you csf benioff with [36:13] their government relations [36:16] person and talking about [36:16] obviously there's a lot of [36:19] investment that's coming from [36:20] ucsf and benioff right now so [36:24] talk really about how we're be [36:27] able to open those discussions [36:28] and future opportunities and [36:28] working with them. [36:31] So just a nice welcoming [36:31] meeting on that one. [36:32] You heard about the meeting of [36:35] the chamber ceo katie burroughs [36:36] and the meeting of he [36:39] candidates today. [36:43] I will I will wrap it up by [36:43] saying that there's going to be [36:46] some interesting things that [36:47] I'm hoping to see with walnut [36:50] creek downtown over the next [36:51] few months and into next year. [36:53] I haven't been at one of the [36:54] meetings now for about six [36:54] weeks. [36:56] We'll have another 1 in 2 weeks [36:57] and one of the things that [36:57] we're talking about is making [36:59] more of a tie in between the [37:00] lecture center and some of the [37:03] businesses that are downtown [37:04] and what we can do to really [37:04] help to foment those ties and [37:08] if you come if you're coming to [37:08] a performance, there ould be [37:11] an opportunity to be able to [37:12] get a discount and save some [37:14] money at some of the other [37:15] restaurants or services [37:15] downtown. [37:16] So we're working on that and [37:18] I'm looking forward to seeing [37:19] how that progresses nd I'm not [37:21] going to say much else about [37:22] walnut creek downtown right now [37:23] because the last time I spoke [37:25] at the city council meeting [37:26] that comment went viral and we [37:29] were mentioned on people [37:30] magazine as the viral comment [37:32] of the of the week in the [37:33] nation evidently. [37:33] And so I'm not going to talk [37:37] about nicknames just going to [37:37] say let's close this portion of [37:40] the agenda item and that is my [37:44] update. [37:45] So next on the agenda is [37:48] consideration item for policy [37:51] direction on regulation of [37:52] short term rentals and I invite [37:52] community development director [37:55] erica vanden brand forward to [38:02] provide the presentation. [38:06] Thank you very much mayor mayor [38:10] pro tem council I am erica van [38:11] and brown the community [38:11] development director to talk [38:12] about the regulation of short [38:13] term rentals. [38:14] So the request that we have of [38:19] council right now is to we're [38:21] seeking a policy direction on [38:22] the regulation of short term [38:25] rentals. [38:26] So what is a short term rental [38:29] essentially it's a rental that [38:30] occurs less than 30 days and [38:33] it's typically a home or a [38:34] portion of a home or a room [38:37] during that time period. [38:41] And the reason why that we'd [38:41] like to consider you to [38:44] consider some I'm looking at [38:45] whether or not there are [38:45] changes needed in the [38:48] regulation is that since the [38:49] ordinance was first adopted [38:52] there have been several things [38:53] that have been happening. [38:53] So one is that there's an [38:56] affordable housing crisis in [38:57] the state and that whenever [39:00] short term rentals of homes are [39:03] you know, done or you know as a [39:04] business it takes away the [39:06] potential stock for longer term [39:07] housing. [39:10] >> other trends are that you [39:11] know, short term rentals are an [39:14] increasingly desirable lodging [39:15] option that people look for to [39:16] have a you know, a more home [39:18] oriented environment whether [39:19] they're on vacation, traveling [39:22] or recovering from a medical [39:27] procedure or an event so that [39:27] there's technology technology [39:31] has made great advances that [39:31] has really reduced the friction [39:34] and essentially the interaction [39:37] between homeowners and visitors [39:38] to quickly connect and then [39:41] transact these rental agreement [39:42] . [39:42] - [39:42] so we've all heard about airbnb [39:46] and the rba etc. And so it's [39:47] really you know you can get [39:51] into this as a business with a [39:53] very low bar then there's [39:54] clarity. [39:58] >> so the city as do many [39:59] cities actually we currently [40:01] regulate the short term rental [40:02] through a bed and breakfast [40:05] ordinance and then this [40:05] requires a conditional use [40:08] permit so that in rder to [40:09] bring a business into [40:12] compliance they have to go [40:12] through a fairly lengthy [40:16] process to be able to operate [40:19] within the city's parameters. [40:19] Then of course there's [40:20] administration so that there's [40:23] program administration [40:27] enforcement and that while you [40:27] know it's certainly possible [40:31] and we do regulate, you know, [40:32] the businesses this way and [40:34] enforce it create some [40:35] challenges for us with clarity. [40:38] And then there's the transient [40:38] occupancy tax that there's [40:42] revenue collection that until [40:42] folks come into compliance it's [40:46] very difficult o compel [40:47] compliance with collecting that [40:47] tax. [40:50] Now one of the other changes [40:51] that's happened is that under [40:54] state law these platforms are [40:57] now required to provide data to [40:58] us jurisdictions on who's [41:02] operating where and how many [41:02] days etc. So that there's the [41:05] ability to more efficiently [41:08] collect that tax revenue. [41:12] >> so this is a snapshot of [41:13] short term rentals in walnut [41:16] creek you'll notice a couple of [41:16] things. [41:17] You'll notice that there are [41:20] 111 properties advertised but [41:21] certainly the map that's there [41:23] doesn't have 111 properties on [41:23] it. [41:26] That's because things change on [41:27] almost a daily basis. [41:28] So it's essentially looking at [41:30] inventory within the [41:31] marketplace. [41:31] This data these data are [41:35] provided by our business [41:38] license folks who are who've [41:39] been tasked with trying to help [41:42] us look at the different [41:43] numbers with this. [41:46] So while there MAY be 111 [41:46] properties advertised across [41:49] the different multiple [41:52] platforms, there are over 265 [41:53] listings for those 111 [41:56] properties yet of that only 13 [41:57] are registered and are playing [42:00] on their business licenses and [42:04] some level of the total and of [42:04] these only three have [42:05] conditional use permits having [42:08] gone through the entire process [42:11] to essentially operate [42:12] legitimately within the city. [42:15] Well we also found out from [42:16] hdl, our consultant who's [42:19] responsible for our business [42:22] licenses is that their estimate [42:23] based on their best guesses is [42:27] that the amount of additional [42:28] totty that the city ight [42:31] realize if we were to more I [42:35] guess make it easier to be able [42:36] to access short term rentals [42:39] would be just under $169,000 in [42:43] revenue. [42:44] So to give you some perspective [42:47] how to nearby urisdiction [42:48] funds regulate short term [42:51] rentals. [42:52] >> so the cities of brentwood [42:55] concord in the town of danville [42:58] each prohibit rentals under 31 [42:59] days so they essentially ban [43:02] short term rentals. [43:03] Others like dublin, you know, [43:06] use the brighton bed and [43:07] breakfast ordinance as do we [43:10] and then still others like [43:11] orinda and san ramon and then [43:14] contra costa county use short [43:18] term rental permit so you know [43:18] a more administrative permit [43:22] type of process and then in [43:25] addition you know in all the [43:26] reading test notes on the right [43:26] hand side there are some [43:30] nuances about you know, s it [43:33] hosted not hosted operating, [43:34] you know, certain number of [43:34] days and so forth. [43:37] Is it a onditional use permit [43:38] ? [43:38] But I just offer this [43:39] information to you just as you [43:42] know, sort of a like a start of [43:45] what's going on. [43:49] >> so give that information and [43:50] what you know, you know about [43:53] short term rentals we are [43:56] requesting guidance about first [43:57] short short short term rentals [44:01] be allowed in the in the city [44:02] or should they be disallowed. [44:04] However, if they are allowed [44:05] should the city continue to [44:06] regulate them as a bed and [44:09] breakfast or develop a more [44:10] streamlined option for [44:13] consideration for council's [44:16] consideration and should [44:17] council provide direction on [44:20] that in that manner? [44:21] What aspects might you be [44:24] interested in getting eedback [44:25] on from the planning commission [44:28] the community so things like [44:28] you know should a short term [44:31] rental be hosted or not hosted [44:35] lcation restrictions if any [44:36] maximum rental duration [44:40] operational require minutes and [44:41] then permissibility of events [44:43] and anything else. [44:44] So I think that you know just [44:47] to also give you a little bit [44:48] of context, our current bed and [44:52] breakfast ordinance, you know [44:53] has no more than one week and [44:56] it has you know, has a week [44:56] duration. [44:58] I has 500ft away in certain [44:59] locations, you know, from [45:02] arterials and collector [45:02] streets. [45:03] it does not require that a host [45:06] be present. [45:07] So you know, just to give you [45:10] some you know, I guess [45:11] information about that and so [45:14] with that any questions? [45:14] >> okay. [45:17] Thank you, erika, do we have [45:18] any I'm sure we do have [45:21] questions. [45:22] Let's start start with [45:23] councilmember delaney first. [45:24] >> all right. [45:27] Thank you for the presentation [45:27] . [45:30] >> I I'm curious so we're using [45:31] digital companies, right? [45:38] And and we've are we right now [45:39] in a relationship with them [45:42] where they're helping us with [45:42] like discovery and compliance [45:43] of short term rentals and [45:50] collecting of totty so we have [45:50] them available for that action [45:53] but we need to be able to get [45:54] more clarity on what we're [45:58] actually enforcing nd how and [46:02] each effort to bring in check [46:02] compliance. [46:05] There's significant amount of [46:06] work that needs to be done so [46:09] that as I had noted earlier, [46:10] that to regulate a short term [46:13] rental requires a conditional [46:14] use permit and there's a whole [46:17] body of ork that needs to [46:18] occur with an applicant to [46:20] bring that forward to planning [46:21] commission. [46:24] So with 108 nd 11 [46:27] opportunities to do that it [46:28] takes a little bit. [46:31] But that was but to understand [46:32] that that is within the scope [46:35] of the contract that we entered [46:36] with them was to help us with [46:39] that collection and so yes, [46:39] they have that capacity [46:40] ability. [46:42] I think that we have you know, [46:43] we have had a lighter touch [46:46] with them just simply because [46:47] they you know, they've been [46:50] collecting top tax for us and [46:51] so forth as part of the [46:54] business licensing process. [46:57] But as part of the workflow one [46:58] of the things they ask is are [47:01] are they a legitimate business? [47:02] Have they gone through and [47:03] gotten the conditional use [47:05] permit? [47:06] And so that's where there's [47:09] some you know are out in the [47:10] community trying to get folks [47:11] to actually go through the [47:14] process to be able to have the [47:17] conditional use permits. [47:18] You know, I can add to that if [47:19] you would like. [47:21] So in terms of as eric is [47:22] noted, they primarily do our [47:22] business license. [47:25] They also can do this service [47:28] we have chosen prior to having [47:29] this discussion to input that [47:33] we have not asked them to [47:36] proactively enforce and collect [47:37] the totty and ask them to come [47:38] into compliance for the reasons [47:41] noted that if we had 111 come [47:44] in to actively comply we [47:44] couldn't handle that type of [47:48] volume at this point because of [47:48] the process involved. [47:51] So what they have been doing [47:52] those that have come in and [47:53] have requested to pay they're [47:57] certainly collecting and doing [47:57] the business license but we [48:00] also felt that we should not go [48:03] out and actively ask a 111 to [48:03] be paying the totty if we're [48:06] not giving them an avenue to [48:07] come into compliance and given [48:10] the current regulations and how [48:11] burdensome it is, we don't [48:12] think we can handle that type [48:12] of volume all at once. [48:14] So we wanted to have this [48:15] discussion about how to proceed [48:18] with potential changes f the [48:19] decision were to continue with [48:22] the bed and breakfast ordinance [48:23] going forward we'd have to talk [48:26] through about how do we try to [48:26] sequence that work so that it's [48:29] manageable if we expect all to [48:30] come into compliance under the [48:31] current regulations and if we [48:33] did create a more streamlined [48:34] process, would we would we [48:36] outsource that to a third party [48:37] to handle that for us? [48:41] So there if we created a more [48:41] streamlined process we could [48:45] outsource a portion of that in [48:46] terms of communicating the you [48:48] know, the initial requirements [48:52] and but there would still be [48:53] work I'm involved on by city [48:56] staff but it wouldn't be nearly [48:57] as labor intensive and it [49:00] wouldn't need to have all the [49:00] preparatory work and legal [49:03] costs that are associated with [49:04] a conditional use permit [49:05] process with the planning [49:05] commission. [49:10] Okay I saw live 111 was the [49:14] number I think our last meeting [49:15] and I had looked the number up [49:15] myself. [49:17] I got something like 197 off of [49:20] their hair dna which apparently [49:25] does look for duplicates. [49:25] So what would it do? [49:26] We feel like this is a more [49:29] accurate number with why the [49:29] big difference in those two. [49:32] >> so this is a snapshot in [49:33] time that ur consultant gave [49:36] to us and as I head indicated [49:37] it changes on a daily basis how [49:41] many are advertised out there [49:41] in the marketplace? [49:42] And then one of the other [49:45] nuance pieces to this is that [49:50] it MAY read, if you will or be [49:50] characterized as a walnut creek [49:53] you know, short term rental but [49:56] it could be an unincorporated, [49:57] you know, contra costa county [50:00] or it could be giving a walnut [50:04] creek address quote unquote in [50:05] one of the you know, in a [50:05] neighboring jurisdiction that [50:09] bands airbnbs and short term [50:10] rentals and so forth. [50:13] >> so that our feeling is that [50:14] the the 111 number is more [50:17] accurate than the 197 or we're [50:21] sort of like I'm trying to get [50:22] a sense of the scope because [50:23] when we estimate the 168,000 [50:27] when look at that number and [50:28] think about well if we got like [50:30] half of the properties in a [50:35] compliance and they were [50:35] generating say I think [50:38] currently that the the place [50:39] that the short term rentals are [50:41] about 70% occupied and they're [50:44] averaging like $175 a night [50:45] there's the numbers that I [50:48] looked at but you can correct [50:49] me if there's a more accurate [50:49] number but that would generate [50:52] more like the 4 or 5 plus [50:55] hundred thousand and in totty. [50:58] So I was also looking at 168 [50:59] and wondering how we arrived at [50:59] that. [51:02] So I, I don't want to speak [51:03] exactly on behalf of our [51:06] consultant but what they've [51:06] conveyed to us is that you [51:09] know, again they are able to [51:10] look at any point in time and [51:13] so you at a different point in [51:14] time MAY have seen more [51:16] advertised and you know [51:17] different parameters and so [51:20] forth but they looked at that [51:24] and then what they also tell us [51:25] is that whenever there's a what [51:25] their experience has been in [51:28] the past is that whenever [51:29] there's a significant effort to [51:32] bring short term rentals into [51:32] compliance, some people will [51:36] drop out of the marketplace so [51:36] that that diminishes the number [51:39] of short term rentals and then [51:42] of that of those the remaining [51:43] folks decide whether or not [51:47] they want to, you know, go [51:47] through the effort for, you [51:50] know, a ish how many days, [51:51] etc. And again it depends on [51:54] the type of regulation whether [51:55] it's hosted, non hosted, etc.. [51:55] >> okay. [51:59] However, like a legal question, [52:02] my understanding is that [52:03] there's been laws passed that [52:03] sort of compel now these online [52:06] platforms to remit to not [52:10] directly to the cities does [52:11] that is that accurate and does [52:14] it require us say passing an [52:15] ordinance to sort of press them [52:19] on that or what what does that [52:19] landscape of new laws require [52:22] them to report that there are [52:23] airbnb or short term rentals [52:26] happening in your city that are [52:27] being facilitated on their [52:27] website? [52:31] So airbnb vibro they don't [52:32] actually require them to remit [52:35] the tax to us. [52:36] The city collects the tax. [52:38] Okay I, I read that some cities [52:39] are collecting the majority of [52:42] their totty like through the [52:42] platforms you can collect them [52:46] through the platform the host [52:49] needs to needs to identify the [52:54] tax as part of the rental and [52:57] then the the individual the [53:01] renter if you will pays it. [53:02] I'm not exactly sure whether [53:02] the dollars are then remitted [53:06] directly to the city or they're [53:06] remitted to the to the owner [53:09] who then remits them to the [53:10] city because as you recall with [53:12] toti those are remitted to the [53:13] hotel operators and then the [53:16] hotel operators remit them to [53:17] the city on a on a periodic [53:17] basis. [53:20] I think the airbnb is operate [53:20] the same way. [53:20] Okay. [53:24] And I think I read there was a [53:27] city that had sort of passed [53:28] some sort f legislation or [53:31] ordinance locally that didn't [53:31] allow these platforms to [53:35] operate in their city unless [53:37] they you know, helped with the [53:40] itot like portion f it [53:41] whatever that looks like that I [53:44] mean that MAY have been cracked [53:44] before but by state law they're [53:47] now requiring help. [53:47] Yes. [53:47] All right. [53:49] And with with 80 use I have a [53:53] question about it use I believe [53:57] in 2020 we passed an ordinance [54:01] saying that there would be no [54:02] short erm rentals that 80 use [54:06] would we would no longer do [54:07] short term rentals only to use. [54:07] Is that is that accurate? [54:10] That is correct. [54:10] Okay. [54:11] So and that was based off of [54:14] state law. [54:14] Okay. [54:15] State law also allows us to [54:19] prohibit 80 use that were built [54:22] prior to that but that would be [54:22] a discretionary action on the [54:26] part of council. [54:27] I understand that since that [54:27] that that law was passed at the [54:30] state level in 2020, there's [54:33] been some some manipulations of [54:34] it and that that might not [54:38] necessarily apply to all to use [54:40] at this point after the year [54:41] 2020 from a state law [54:43] standpoint, does our current is [54:44] that is that a an accurate [54:49] picture or do you believe that [54:52] 100% unqualified all e we can [54:52] confirm that but my my [54:53] understanding of it right now [54:56] is that 80 use that are built [54:57] pursuant to the recent 82 state [55:00] laws are prohibited from being [55:00] used for short term rentals but [55:03] that that might be if they only [55:03] allowed that if they used the [55:07] law to build it so to speak [55:08] like I was just that's correct. [55:09] If they if they use if they [55:12] relied on the law for the [55:13] purposes of getting the 80 you [55:15] built which is the way or at [55:15] least most of the recent ones [55:18] have been built have been [55:19] pursuant to the state laws [55:21] because they are there more [55:26] expedited and more streamlined [55:26] in their approval process than [55:30] what we're historically local [55:30] zoning requirements associated [55:31] with 80 use. [55:34] So it's probably safe to assume [55:35] most people are using that. [55:35] But would we would it be wise [55:38] for us or or should we look at [55:39] our ordinance and see that [55:41] maybe we should revise it to [55:42] say something like only [55:45] eligible short term rent or [55:50] eligible to use MAY be eligible [55:51] for so our current rate our [55:54] current ordinance I'm sorry [55:54] accordant our current ordinance [55:58] currently prohibits 80 use that [56:01] were constructed since that [56:02] since 2020 to be or to be used [56:05] as short term rentals. [56:06] So regardless of whether it is [56:09] following state law or whatever [56:09] so that could you know in the [56:13] case that you offer be [56:14] construed as being more [56:16] stringent merchants than maybe [56:17] just an opportunity to look at [56:17] eligibility for those? [56:20] Okay. [56:21] That's it for my my questions [56:21] right now. [56:24] thank you, mayor pro tem thank [56:24] you. [56:27] >> you asked a lot of mind but [56:28] just to clarify on the [56:32] collection of the total because [56:32] I had heard information I think [56:34] similar information to [56:35] councilmember devinney that it [56:38] was kind of more of an ottoman [56:42] automatic process that airbnb [56:43] would remit the territory to [56:47] the city but it sounds like [56:47] they they would inform us that [56:51] there's a registered board [56:51] short term rental on their [56:54] platform and then we would [56:55] still need to hire a consultant [56:59] like hdl to collect the total. [57:02] >> so maybe a different way of [57:06] explaining it is that these [57:06] certain platforms and certainly [57:10] the ones that are more [57:11] sophisticated like the rpo and [57:13] airbnb have an ability to [57:14] essentially do that accounting [57:17] feature with them so that you [57:18] as a business owner are able to [57:21] track and then remit your you [57:24] know, business taxes and so [57:25] forth and keep track of your [57:26] income too so you can pay your [57:28] federal income taxes. [57:29] >> okay. [57:32] Maybe you know as we as the [57:33] conversation goes on maybe [57:33] that's something obviously [57:36] there's if there's way to [57:37] streamline the process further, [57:39] that would be good and then you [57:42] know, I'm curious in terms of [57:43] you know, from both egal and [57:47] planning perspectives, you [57:48] know, if we were to streamline [57:51] the process, would we still [57:54] have the enforcement ability if [57:55] if a business is operating once [57:59] or more times is a nuisance if [58:01] it was just a kind of a [58:02] business license type permit, [58:06] you know, to what extent could [58:06] we revoke that? [58:10] >> so I forgive me my [58:11] colleagues that deal with [58:13] outdoor dining but that closest [58:14] analogy is that with an [58:15] operators permit and so it's [58:18] the it's very similar to you [58:21] know an aup or chp having been [58:25] required for alcohol and then [58:26] with outdoor dining and so that [58:29] those have you know rocesses [58:30] associated with it. [58:33] But whenever we went over to [58:34] our outdoor dining there was an [58:37] operators permit that provided [58:38] very clear direction on here [58:41] are the norms etc. Here are the [58:42] things you need to comply with [58:42] and if you're in violation of [58:45] it this operators permit can be [58:46] pulled. [58:49] Same thing could be true and [58:50] the way that it operates in [58:53] other cities so that based off [58:54] of that versus going through a [58:57] more complex and lengthy and [59:00] legally costly process to pull [59:01] a conditional use permit. [59:01] >> okay. [59:04] That's helpful. [59:07] And then in terms of the 170 or [59:08] 190 folks that don't currently [59:11] have a permit but want to [59:12] continue to operate short term [59:15] rentals, what's staff's plan to [59:18] bring them into compliance? [59:19] >> well, our first plan was to [59:20] ask the question of council [59:23] policy direction on whether or [59:24] not you wanted to ban or [59:27] continue to allow it. [59:30] So with that question once that [59:31] is answered then we can develop [59:35] a plan to be able to, you know, [59:35] follow policy direction so that [59:39] if you know if council's [59:43] choices to continue on in the [59:44] the bed and breakfast model [59:47] then things would remain [59:48] largely the same for all the [59:51] same reasons if council instead [59:52] were to choose to go to more of [59:55] an operators permit type of [59:58] program then we wouldn't need [59:59] to essentially stand up a [1:00:00] program much the way that the [1:00:03] outdoor dining program was [1:00:04] stood up and you know come up [1:00:06] with parameters and so forth [1:00:10] and then bring that to council [1:00:11] ,you know, for adoption along [1:00:13] with the new ordinance. [1:00:14] And just finally, do we have [1:00:18] kind of any stimates of what [1:00:18] the cost and time would be to [1:00:23] obtain an operators permit or [1:00:24] no? [1:00:25] I we can certainly look into [1:00:28] that if that is council's will [1:00:31] to go to a different type of [1:00:32] regulation of short term [1:00:33] rentals but we didn't want to [1:00:36] get too far down the road and [1:00:39] presupposing councils will okay [1:00:39] thank you. [1:00:43] Thank you councilmember darling [1:00:44] thank you and thanks for the [1:00:44] presentation and all the [1:00:45] - [1:00:46] thought that's obviously gone [1:00:47] into I know in orinda the the [1:00:50] big impetus for their ordinance [1:00:51] was the party that went [1:00:55] horribly wrong up there. [1:00:55] What's been our experience with [1:00:59] calls for service from pd for [1:00:59] the short term rentals? [1:01:02] Have we had much of that here? [1:01:03] So it was much more prevalent [1:01:06] during covid less so now but [1:01:11] you know pd responds for that [1:01:14] most of he types of feedback [1:01:15] we get about the short term [1:01:15] rentals are from neighbors. [1:01:19] Some of it might be you know on [1:01:22] noise related, some of it might [1:01:23] be people not being able to [1:01:26] find their short term rental [1:01:27] late at night and so that and [1:01:30] knocking on the wrong door and [1:01:31] talking with pd that hasn't [1:01:34] been you know it calls for [1:01:35] service at short term rentals [1:01:37] hasn't been a significant you [1:01:42] know reason for calls for [1:01:42] service. [1:01:45] >> okay that's good to know so [1:01:46] I know the bed and breakfast [1:01:49] ordinance limits it to within [1:01:49] 500ft of an arterial or [1:01:52] collector street does that [1:01:53] effectively does that actually [1:01:57] does that make no never mind [1:01:58] when you're out there or is [1:02:00] that a relatively difficult [1:02:01] requirement to comply with just [1:02:04] thinking about keeping people [1:02:05] on the edge of neighborhoods [1:02:06] rather than deep into a [1:02:12] neighborhood so it I think you [1:02:13] know, it's just it's a criteria [1:02:15] in the someone would need to [1:02:16] comply ith but there are [1:02:20] numerous homes that are on that [1:02:21] you know that meet that [1:02:24] criteria so as to whether or [1:02:28] not it helps or hurts and the [1:02:28] ability to operate that [1:02:29] business. [1:02:31] We haven't seen any evidence [1:02:32] one way or the other. [1:02:32] >> okay. [1:02:36] And then if we go through this [1:02:36] and come up I know when we [1:02:39] originally were working on [1:02:42] alcohol permits there was one [1:02:43] set of standards and if you're [1:02:44] willing to live with that you [1:02:46] could get the easy permit and [1:02:47] if you really wanted to push [1:02:49] things you could get the hard [1:02:50] permit. [1:02:50] Could is something like that [1:02:52] possible here? [1:02:54] For example, if somebody is on [1:02:57] site limits people to you know, [1:03:01] a certain number they could get [1:03:04] a more easily acquired permit [1:03:05] but if they want to have a site [1:03:08] where hey can not be there, do [1:03:11] different things. [1:03:12] So that is definitely possible. [1:03:15] There are examples of that in [1:03:16] the information provided in [1:03:16] your packet. [1:03:19] Usually those you know the [1:03:23] differences etc. You know it's [1:03:24] like here you have a permit [1:03:27] type of you know process and [1:03:28] then if you want to do [1:03:31] something different usually you [1:03:32] know they've mentioned it in [1:03:32] the context of having events [1:03:35] and hosting events and so forth [1:03:36] and that you you know, would go [1:03:39] through a separate process [1:03:39] getting a special event permit [1:03:42] as an example. [1:03:43] You know, we certainly in the [1:03:47] example that ou offered that [1:03:48] there's the potential to if you [1:03:51] want to have it hosted do it [1:03:52] one way if you want to have it [1:03:52] on the hosted then you go [1:03:55] through you know, presumably a [1:03:55] conditional use on process. [1:03:56] >> okay. [1:03:59] I would just add if I if I MAY, [1:04:00] you know a consideration along [1:04:01] those lines if we were to head [1:04:03] down that path is the [1:04:06] complexity in terms of the [1:04:07] application process and [1:04:09] explaining that rocess through [1:04:10] potential applicants and then [1:04:11] it does make enforcement more [1:04:14] complicated if we get a [1:04:15] complaint what's allowed or not [1:04:16] allowed having to know that by [1:04:18] address as compared to knowing [1:04:19] across the board what are the [1:04:22] standards. [1:04:23] So those would be some [1:04:23] tradeoffs and considerations if [1:04:26] we had a bifurcated approach. [1:04:27] Yeah, it's good to good to know [1:04:29] because it's okay. [1:04:31] And then if we were to do an [1:04:34] operator type permit, would [1:04:34] there still be notice for [1:04:37] neighbors to come and express [1:04:40] their opinion on it? [1:04:41] >> unclear. [1:04:42] And the reason why I say that [1:04:45] it's unclear because there is [1:04:49] the in most of the examples [1:04:52] that are out there currently [1:04:52] it's done know through a [1:04:56] process that doesn't require [1:04:56] that notification. [1:04:59] It's more administrative trying [1:05:04] to insert that required meant [1:05:04] and there as a condition of [1:05:05] receiving an administrative [1:05:08] permit creates a whole other [1:05:11] set of things to consider which [1:05:12] we haven't thought through yet. [1:05:14] Okay. [1:05:15] >> and then as far as it sounds [1:05:18] like people kind of come and go [1:05:21] out of the business so have we [1:05:22] talked to any jurisdictions [1:05:23] that have a limit on how many [1:05:26] permits they issue in their [1:05:27] city and how is that work if [1:05:29] people are coming and going so [1:05:34] there are jurisdiction ones out [1:05:34] there typically in more you [1:05:38] know, along shores or highly [1:05:42] you know, tourism oriented that [1:05:42] have programs like that. [1:05:45] But our neighbors don't [1:05:49] tpically and so there would [1:05:50] need to be a justification as [1:05:55] to why or you know you have 100 [1:05:55] groups or you're 101. [1:05:57] You can't come in but then [1:05:58] that's very difficult. [1:05:58] And as you know, our city [1:06:01] manager saying from an [1:06:02] enforcement standpoint because [1:06:05] you know, early discussion is [1:06:06] at 190 or is a 111. [1:06:08] Yeah. [1:06:09] And then last question. [1:06:12] You know, just thinking about [1:06:16] how we encourage compliance, [1:06:17] have we thought about an idea [1:06:20] where if you apply in the first [1:06:23] year of the program your [1:06:26] application fee is much less [1:06:27] but in out years have just some [1:06:31] way to get people to want to [1:06:34] come to see us upfront discount [1:06:35] yeah that's it. [1:06:38] So are you today again we were [1:06:42] first focusing on the you know [1:06:43] the policy question is council [1:06:46] want to on diane or continue to [1:06:49] allow this use and then in [1:06:50] terms of perational kinds of [1:06:51] things like you're talking [1:06:54] about that would be a next step [1:06:54] in the process if council's [1:06:57] direction is to continue to [1:06:58] allow or use but to do it [1:07:00] differently than what we do [1:07:01] now. [1:07:01] >> okay. [1:07:04] Thank you, councilmember silva. [1:07:04] Thank you. [1:07:05] Thank you very much for all of [1:07:08] this work and for the continued [1:07:11] patrol of some of our [1:07:15] interesting operators. [1:07:17] So let me start with c u p [1:07:20] versus operator permit. [1:07:20] I was on the planning [1:07:24] commission but it was a ong [1:07:24] time ago. [1:07:25] My recollection is the c u p [1:07:28] basically is more permanent [1:07:31] than an operator permit which [1:07:32] could be in fact you get it and [1:07:38] you get a renewed etc. So I can [1:07:42] answer this and how we're doing [1:07:42] it more recently so I'm not [1:07:47] going to step on our city [1:07:47] attorney's toes I promise [1:07:48] hassle the conditional use [1:07:50] permit typically runs with them [1:07:51] and however the way that we [1:07:54] have been working through the [1:07:55] process more recently is that [1:07:58] once that operator ceases [1:08:01] operations at that site then [1:08:02] the permit sunset that's [1:08:06] different as you had noted from [1:08:07] the operators permit type f [1:08:10] idea. [1:08:10] most of the examples out there [1:08:13] have an annual permit that gets [1:08:14] done on a calendar year basis [1:08:17] and that you have an incentive [1:08:18] to come in early in the year as [1:08:21] opposed to later and that you [1:08:22] know everyone renews for that [1:08:25] particular year and so and it's [1:08:29] easier to both identify a [1:08:33] violation with the operators [1:08:37] permit than it is with the c, u [1:08:38] p and to address it from a [1:08:40] foresman standpoint because to [1:08:44] address he c p it has to also [1:08:45] go through a planning [1:08:48] commission process as opposed [1:08:49] to you know, a more [1:08:52] administrative process that's [1:08:53] also you know, subject to [1:08:56] appeal etc. But it's a lot [1:08:59] easier when they have ermits. [1:09:03] So 111 1111 for no matter what [1:09:05] the number is. [1:09:06] One of the issues I think is [1:09:09] that some of the operators that [1:09:10] are advertising on these [1:09:13] platforms you cannot tell where [1:09:14] where if they're in the city [1:09:15] limits or if they are in the [1:09:17] unincorporated city. [1:09:18] How can we actually figure that [1:09:21] out? [1:09:22] Is there gas? [1:09:24] Is there do we have to make the [1:09:25] elections department do it to [1:09:26] figure out if that address is [1:09:29] actually eligible to vote? [1:09:32] >> so the on the platforms [1:09:33] themselves it could be a little [1:09:37] bit ambiguous but once the city [1:09:38] has a specific address we have [1:09:41] gas capability is that and we [1:09:42] can find out you know is this [1:09:46] advertise housing as a city of [1:09:46] know within the city of walnut [1:09:49] creek but they're actually in [1:09:50] concord for example are they in [1:09:53] the city of walnut creek or are [1:09:54] they unincorporated contra [1:09:54] costa county? [1:09:55] okay. [1:09:57] So 111 has hdl had an [1:10:00] opportunity to consider the [1:10:01] location related so we haven't [1:10:04] gone down that path yet. [1:10:05] And the reason why is because [1:10:08] we wanted to get policy [1:10:08] direction from council about [1:10:12] whether or not you wanted to [1:10:12] ban because that's one pathway [1:10:15] and one set of enforcements or [1:10:18] do we go a different round is [1:10:22] the city are we allowed and I [1:10:23] noticed in looking at or even [1:10:23] in our bed and breakfast [1:10:26] ordinance now and looking at a [1:10:29] windows short term rental [1:10:33] ordinance proximity and consent [1:10:37] duration so 500ft from a major [1:10:37] arterial or collector street is [1:10:41] location specific and then [1:10:42] there's the and you can't have [1:10:42] more than three and within a [1:10:45] certain distance because there [1:10:45] is a lot of concern about [1:10:49] oversaturation whether it's [1:10:52] adult care facilities, alcohol [1:10:57] sobering facility these and [1:10:58] this as well are we able to [1:11:04] specify that so we would look [1:11:05] into it further as a practical [1:11:08] matter we have many collector [1:11:11] streets so the 500ft or more is [1:11:15] not a huge delineate or of [1:11:18] exclusion or inclusion in terms [1:11:19] of looking at saturation and so [1:11:22] forth. [1:11:26] There are possibilities and we [1:11:26] have gas capabilities but then [1:11:30] the plot forms themselves and [1:11:33] the ability to sort of cycle in [1:11:34] and out because one day you [1:11:36] know you have 190, another day [1:11:40] you have a 111 and so we need [1:11:41] to be we would need to be very [1:11:44] vigilant and also have a lot of [1:11:45] clarity about what the [1:11:48] parameters are that councils [1:11:49] are looking for in terms of [1:11:52] what that density looks like [1:11:52] under state law. [1:11:56] >> are we able to limit the [1:12:02] size or is it only specific to [1:12:03] 80 use built after 2020 when [1:12:04] that law went into effect with [1:12:07] the concessions and the [1:12:07] streamlining? [1:12:11] So when you say size, could you [1:12:14] mean could we say you cannot [1:12:17] rent a home with five bedrooms [1:12:20] as a short term rental which is [1:12:21] more of a single family [1:12:24] neighborhood home? [1:12:28] I mean are you able to restrict [1:12:29] the size to something small [1:12:31] that would be considered larger [1:12:32] than a hotel room but maller [1:12:36] than a permanent home so that [1:12:39] there are examples of that and [1:12:40] certainly our current bed and [1:12:43] breakfast ordinance that has a [1:12:43] maximum number of rooms and [1:12:44] number of people per room. [1:12:47] So I can't see why not. [1:12:48] >> you know the council has [1:12:51] pretty broad authority on [1:12:51] setting those types of [1:12:52] requirements. [1:12:55] You can ban them if you want to [1:12:55] and so anything that is short [1:12:58] of a ban is generally within [1:12:59] the authority of the of the [1:13:01] council. [1:13:05] I think that answers the [1:13:06] additional questions that [1:13:06] have. [1:13:06] Thank you. [1:13:09] Thank you. [1:13:10] Oh, thank you. [1:13:10] And I think most of the [1:13:11] questions I had have been [1:13:13] answered one that I wanted to [1:13:14] check on with you. [1:13:16] I know that these are all [1:13:17] snapshots in time but do you [1:13:20] find that there are more short [1:13:21] term rentals that are available [1:13:22] downtown like in multifamily [1:13:25] housing versus outskirts of [1:13:28] neighborhoods at popcorn's [1:13:31] around and so sometimes if [1:13:32] there is a major event [1:13:35] happening in downtown there [1:13:36] will be a propensity to, you [1:13:40] know, rent out a short term [1:13:40] rental so that there's access [1:13:44] to leisure centered here and of [1:13:44] that and other times you know [1:13:47] there are weddings or other [1:13:47] things that are happening [1:13:48] elsewhere and so proximity to [1:13:51] how their farm or you know [1:13:55] other amenities etc. Are also [1:13:55] there. [1:13:58] So it it depends and there's [1:13:59] not a hard and fast rule about [1:14:02] where okay. [1:14:06] I would just add for context [1:14:07] and correct me if I'm wrong on [1:14:07] my housing units here ut [1:14:10] roughly speaking we have about [1:14:10] 34,000 housing units in walnut [1:14:13] creek and we have somewhere [1:14:14] between 100 to 200 short term [1:14:17] rentals that we believe are [1:14:18] operating. [1:14:18] So on a percentage basis it's [1:14:21] very small. [1:14:22] We don't see a large cluster of [1:14:24] any in one particular area or [1:14:25] another. [1:14:28] It's a fairly dynamic situation [1:14:29] and given that it's a very [1:14:30] fluid platform and it allows [1:14:32] people that lexibility to rent [1:14:33] or not rent so it is kind of [1:14:34] bouncing around. [1:14:36] I don't think we have a high [1:14:37] concentration in any one [1:14:39] particular area of the city. [1:14:40] Okay. [1:14:40] Thank you. [1:14:41] I think that's my questions for [1:14:43] now. [1:14:44] >> mayor mayor, I wanted to [1:14:45] just follow up on one issue I [1:14:47] did check the airbnb website. [1:14:51] They do have the technology to [1:14:54] allow for directory maintenance [1:14:55] remains two cities. [1:14:55] it does require that they be [1:14:59] required through some mechanism [1:15:00] so we can check that further if [1:15:02] the council would like to see [1:15:03] what kind of mechanism is [1:15:03] required. [1:15:06] I am aware that many cities [1:15:07] collect totti from short term [1:15:10] rentals in the same way they [1:15:14] collect totti from hotels that [1:15:14] is the property owner. [1:15:15] The business perator collects [1:15:18] it and then remits it. [1:15:19] But airbnb at least does have [1:15:21] that technology in their system [1:15:21] . [1:15:25] Thank you. [1:15:26] Great. [1:15:26] All right. [1:15:27] Well eric, I probably don't go [1:15:27] too far because I have some [1:15:30] more questions afterwards but [1:15:30] for right now we're bringing [1:15:33] this to the public and as any [1:15:34] member of the public wish to [1:15:35] provide public omment at this [1:15:38] time, please come forward or [1:15:38] use the raise hand feature [1:15:40] press star nine if you're [1:15:41] calling if you'd like to [1:15:43] provide remote public comment [1:15:44] if you are attending in person [1:15:47] please complete a speaker id [1:15:48] card line up behind the lectern [1:15:51] at this time and written [1:15:51] comments submitted have been [1:15:52] posted. [1:15:52] The city's website for public [1:15:53] review are included in the [1:15:56] meeting record but will not be [1:15:56] separately read into the [1:15:57] record. [1:15:59] Each speaker will have two [1:16:00] minutes to make the remarks and [1:16:01] all remarks should be addressed [1:16:03] to the city council and at this [1:16:06] time we'll take public comment [1:16:06] . [1:16:07] Good evening everyone. [1:16:10] Thank you. [1:16:11] my name is lisa blanco and I [1:16:17] live in the woodlands and oh [1:16:20] boy this is kind of I could see [1:16:25] the bit of the rat's nest this [1:16:29] is because as a resident I feel [1:16:33] that resident social zones [1:16:34] should be for esidents [1:16:37] mid-term long term residents [1:16:37] and and not rent it out. [1:16:41] On the other hand they're [1:16:45] happening anyway and is the [1:16:45] city benefiting from that in [1:16:48] any way through totty or what [1:16:51] have you? [1:16:56] And I think I think as a [1:17:02] resident I don't care for them [1:17:02] . [1:17:03] Call me lisa nimby blanco if [1:17:07] you want and I don't think that [1:17:10] they add to a neighborhood they [1:17:13] take away from them. [1:17:18] >> but I do see the ee he [1:17:25] point of coming up with a maybe [1:17:29] a better policy for these and I [1:17:33] think a couple of things who [1:17:37] are that neighbors residents [1:17:41] actually residents should be [1:17:45] involved for our input and then [1:17:49] also that I know that the [1:17:52] surrounding areas pretty much [1:17:56] don't allow them and that at [1:17:59] least one of them the owners [1:18:03] have to conduct the stairs. [1:18:07] So anyway, that's it. [1:18:07] >> thank you ery much. [1:18:09] Thank you. [1:18:13] Next speaker please. [1:18:17] My name is pamela trail. [1:18:18] I live in the woodlands also. [1:18:22] Oh, sorry. [1:18:22] >> my name is pamela traill. [1:18:25] I live in the woodlands also I [1:18:26] agree with lisa's point the [1:18:29] city is not benefiting [1:18:30] financially. [1:18:33] Tey seem reluctant to collect [1:18:36] any fees for people who [1:18:40] continuously violate in the [1:18:44] face of the rules and I don't [1:18:45] think they belong in the [1:18:48] residence and for the last [1:18:52] public meeting that took place [1:18:55] very this issue there was only [1:18:56] three days notice given to the [1:18:59] public for their comments and [1:19:03] that's not enough time for [1:19:03] people to contribute their [1:19:08] thoughts and I think the zoning [1:19:12] should all and ermits should [1:19:15] be done by us sites by site and [1:19:19] in consideration it should be [1:19:19] looked at if there is [1:19:22] elementary schools nearby or [1:19:23] daycares or places where young [1:19:26] people gather in our [1:19:27] neighborhood there's an [1:19:30] elementary and a daycare two [1:19:31] blocks away and that was not [1:19:34] mentioned in the last council [1:19:35] meeting. [1:19:38] There needs to be some kind of [1:19:39] a background check for the [1:19:43] safety and community of the [1:19:43] public and who's responsible [1:19:46] for this background check and [1:19:49] who do these checks include in [1:19:50] the council decisions should be [1:19:54] respectful of the people who [1:19:57] elected them and permits should [1:19:58] not be given to repeat [1:20:01] offenders and action should be [1:20:01] taken against their repeat [1:20:05] offenders and my comment is [1:20:09] specifically directed to you in [1:20:10] the end of the last meeting [1:20:13] regarding hector crouse giving [1:20:17] him a lifeline maybe he could [1:20:17] get a ermit when he continues [1:20:20] to violate this week. [1:20:21] >> thank you MR. Trail. [1:20:30] Next speaker please. [1:20:31] >> hi. [1:20:31] Jan warren the woodlands. [1:20:34] It's hard for me to read my [1:20:35] notes. [1:20:38] I do appreciate this topic [1:20:38] being brought up. [1:20:41] I think it was time passed time [1:20:42] for us to look at what's [1:20:43] happening in the world today, [1:20:46] how things are being used that [1:20:46] people don't use their housing [1:20:50] or cars or anything else like [1:20:50] they used to. [1:20:54] So it would seem like if you [1:20:54] had a more reasonable process [1:20:57] more people would comply. [1:20:58] I think it should be set up so [1:21:04] the the remittance is included. [1:21:05] I mean anything we do we go [1:21:08] like you rent a car, you know, [1:21:09] you got a whole line of things. [1:21:12] I just got to selling things [1:21:15] for a acation and then I'm [1:21:16] always tell you all of them but [1:21:19] you pay for them so my question [1:21:23] my thought also has to do with [1:21:24] what happens in hoa. [1:21:27] A lot of people have hoa is I [1:21:28] don't know if that matters or [1:21:32] not and it seems to me that [1:21:35] whether it's a neighborhood or [1:21:35] ,you know, a high rise, we're [1:21:36] building a lot more housing [1:21:38] that's high rise. [1:21:39] So I don't think you should [1:21:40] discriminate from one or the [1:21:42] other if they have something [1:21:43] that they want to rent and [1:21:44] they're following the rules, [1:21:47] you know, maybe they're young [1:21:47] and need some extra cash to [1:21:48] meet their bills. [1:21:50] Who knows? [1:21:51] But at any rate, I do think we [1:21:54] ought to continue to explore it [1:21:57] and see how we can improve on [1:21:57] it. [1:22:01] Um and thanks for looking at [1:22:01] it. [1:22:01] Thank you. [1:22:04] Jan? [1:22:05] Looks like we have no more in [1:22:08] person public comments we have [1:22:09] any comments on the line? [1:22:09] We have no one on two. [1:22:11] Okay. [1:22:12] So we will close public [1:22:13] comment, bring it back to [1:22:15] council for any further [1:22:16] questions or comments and let [1:22:22] me just ask erica it looks like [1:22:23] you're looking for some [1:22:23] specific policy direction [1:22:26] requested short term rental [1:22:30] should they be allowed at all? [1:22:31] How how regulated and then if [1:22:34] it should go to planning [1:22:35] commission and community for [1:22:36] discussions before coming back [1:22:38] to council for a policy? [1:22:39] Correct. [1:22:41] So the very first question is a [1:22:44] yes or no one and then if yes [1:22:45] then and then if right then [1:22:45] it's okay. [1:22:48] So yes, there were two [1:22:48] questions that were asked from [1:22:50] the public could I get answers [1:22:51] to those? [1:22:54] And the first is how was the [1:22:54] last hearing noticed and the [1:22:58] hearing that was in front of [1:22:58] the planning commission and so [1:23:02] the hearing was noticed in [1:23:03] multiple ways is noticed in the [1:23:06] newspaper is notice through all [1:23:07] the standard options and so [1:23:09] forth we had gotten [1:23:10] notification though from [1:23:14] neighbors that the notification [1:23:15] and the notice that had been [1:23:15] posted and we have [1:23:16] documentation of it being [1:23:19] posted on the on the property [1:23:23] and then also on you know, [1:23:23] nearby lamps have been taken [1:23:26] down as soon as we receive that [1:23:29] notification we posted it to [1:23:33] this did homeowners or property [1:23:34] owners a certain distance from [1:23:37] the property receive postcards [1:23:38] or mailed notices? [1:23:39] So this followed all the [1:23:42] standard notices and so yes. [1:23:43] So could you reiterate what [1:23:46] those are or maybe the attorney [1:23:46] can only because the public is [1:23:50] wondering if they MAY not have [1:23:51] been within the distance zone [1:23:54] diversity of a postcard. [1:23:55] >> did you want to take us [1:23:57] deeper? [1:23:57] >> okay. [1:24:00] So essentially, you know, [1:24:01] postcards were sent out. [1:24:02] It was on the city's website. [1:24:04] It was sent out in the you [1:24:05] know, all the notifications in [1:24:06] terms of the newspaper and so [1:24:09] on so that all of our standard [1:24:12] processes were put into place. [1:24:13] And so in addition they're [1:24:16] posted on the on the on the [1:24:20] residents the site and then [1:24:21] they were also posted on [1:24:21] lampposts, you know, [1:24:24] streetlights etc. That were [1:24:24] there. [1:24:27] So we were very diligent in [1:24:28] posting that with all the [1:24:31] required postings and how many [1:24:32] days prior is our posting [1:24:32] requirement? [1:24:35] >> oh that's like a pop quiz. [1:24:36] >> she's she's waving her [1:24:39] fingers at you so tenders yeah [1:24:40] thank you. [1:24:42] I can count that high. [1:24:46] Okay my other question is what [1:24:49] are we doing with regard to the [1:24:50] the one that we disallowed we [1:24:53] upheld the we upheld the [1:24:57] planning commission decision. [1:24:58] Are they still operating and [1:24:58] what is what is the enforcement [1:25:01] mechanism that we have under [1:25:01] the law? [1:25:05] >> so we were notified of a [1:25:05] potential short term use [1:25:09] occurring most recently I [1:25:10] myself went out and posted a [1:25:13] notice violation at the site [1:25:14] and there's an active code [1:25:17] enforcement case occurring. [1:25:18] So what does what under the law [1:25:21] are we allowed to do to that? [1:25:22] I mean can we lock the door? [1:25:24] Can we what are know we would [1:25:29] have to so we would first do as [1:25:30] erica did you would post it and [1:25:32] try to get voluntary [1:25:33] compliance. [1:25:33] >> if we don't get voluntary [1:25:34] compliance to it then we would [1:25:37] have to get a court order to [1:25:37] shut it down. [1:25:41] >> so that's going to be a [1:25:41] multi-month process that can be [1:25:43] faster on an expedited basis [1:25:44] when there's a violation of a [1:25:47] of a of a land use regulation [1:25:48] of this sort when they're just [1:25:51] operating without any ermits [1:25:52] you can go in on short notice [1:25:53] to try to get a court to issue [1:25:55] at least an interim order [1:25:56] stopping that type of activity [1:25:59] which which we will do if [1:25:59] necessary. [1:26:00] >> so so it is an active case. [1:26:03] It is an active code [1:26:03] enforcement case. [1:26:07] >> thank ou so well as long as [1:26:08] we're with you, councilmember [1:26:09] silva, any further comments or [1:26:11] maybe just if we ant to be [1:26:12] able to go down and answer the [1:26:15] questions do you have these the [1:26:16] questions for us of he [1:26:17] questions right there? [1:26:18] All right. [1:26:19] I think we should allow short [1:26:19] term rentals. [1:26:22] We have they're in use in very [1:26:26] good ways for people to be able [1:26:29] to supplement their income to [1:26:30] be able to rent a small room. [1:26:33] My husband and I were in [1:26:34] seattle last weekend. [1:26:37] Hotels were unavailable due to [1:26:38] a bridge being rebuilt and so [1:26:42] in order to be within blocks of [1:26:44] our children we rented a short [1:26:45] term rental that was in the [1:26:46] basement of a house. [1:26:48] It was lovely. [1:26:49] It was not what someone would [1:26:50] rent for a long term basis [1:26:53] because it had a studio style [1:26:54] kitchen and a very tiny [1:26:56] bathroom. [1:26:57] It as all very nice but it was [1:27:00] not in lieu of them renting it [1:27:04] for permanent tenant. [1:27:07] I think the bed and breakfast [1:27:11] ordinance has has run its [1:27:12] course. [1:27:12] A bed and breakfast is a [1:27:16] different type of commercial [1:27:16] law. [1:27:16] It's a more commercial [1:27:19] operation and it's and I think [1:27:20] we need to have a short term [1:27:22] rental ordinance so that we can [1:27:26] make it clearer and easier to [1:27:27] implement and I think we should [1:27:30] use a user permit not [1:27:31] conditional use permit unless [1:27:34] for some reason they're asking [1:27:35] for things that we want to have [1:27:37] more stringent permitting on. [1:27:38] And finally I'll mention that I [1:27:42] think for a variety of reasons [1:27:45] these need to be owner occupied [1:27:49] or host occupied because if you [1:27:50] rent a room in a hotel there is [1:27:53] someone there managing at 24 by [1:27:53] seven. [1:27:54] So for the safety of the [1:27:55] visitor and the safety of the [1:27:56] neighborhood and the safety of [1:27:57] the property, there's someone [1:28:00] monitoring it. [1:28:01] When we were in the short term [1:28:04] rental in seattle last weekend [1:28:05] the family was living upstairs. [1:28:08] I could hear them kind of [1:28:08] walking around every once in a [1:28:09] while. [1:28:11] We weren't but t was good to [1:28:12] know that because it was good [1:28:15] to know that somebody was [1:28:15] available to tell us if there [1:28:19] was a plumbing problem or [1:28:19] something like that. [1:28:22] But I also think that without [1:28:22] the orinda issue happened [1:28:23] because the owner was not on [1:28:26] property or anywhere near the [1:28:30] property and so but how would [1:28:30] that work if it were a [1:28:33] multifamily housing if it were [1:28:36] if it were something in the [1:28:37] lyric or one of the places that [1:28:40] it's a one bedroom or two but [1:28:41] we want to run you want to know [1:28:42] how the ob was doing it because [1:28:43] there was a new apartment [1:28:43] building that wasn't filling up [1:28:46] fast enough about five years [1:28:49] ago and we were finding rentals [1:28:49] . [1:28:50] But there's management in an [1:28:52] apartment building not in a [1:28:53] condo building or a townhome [1:28:54] building so that's a different [1:28:54] issue. [1:29:00] But I'm just I'm just so you're [1:29:01] saying that that would count [1:29:04] then if it were a condo in a in [1:29:05] a multifamily housing the fact [1:29:08] that there's on premises [1:29:08] management would count as owner [1:29:13] occupied for so here's if [1:29:16] there's on premises management [1:29:17] there help if it's an apartment [1:29:18] if it's the lyric it's an [1:29:21] apartment building and so the [1:29:21] first one you mentioned is [1:29:24] rental apartments but I don't [1:29:27] know about condos and townhomes [1:29:28] because generally people don't [1:29:29] own two in the same building [1:29:32] although they have but we'll [1:29:35] have to condition and I'm just [1:29:36] kind of going through the yeah [1:29:37] I did I wanted to ask a [1:29:39] question about the host because [1:29:40] we don't currently have that [1:29:41] requirement right so what if it [1:29:43] is a single family home and the [1:29:47] owner would not be on premises [1:29:48] ,it would not be hosted. [1:29:49] >> so if they're seeking to [1:29:52] rent out the entire home then [1:29:54] that could present [1:29:55] complications. [1:29:56] However, if they're renting out [1:30:00] rooms r if there is an ad on [1:30:03] site and the owner is living on [1:30:04] that and then they're you know, [1:30:06] renting out the home itself. [1:30:07] But that's another scenario. [1:30:10] Yeah, you're correct. [1:30:10] Councilmember francois if it [1:30:14] were an owner requirement on [1:30:14] site it would effectively [1:30:18] preclude entire house rental [1:30:19] for the most part with the few [1:30:21] exceptions that eric noted. [1:30:22] I think where we'd have to [1:30:23] figure out is how many of them [1:30:26] are full house are being rented [1:30:26] because the orinda it was a [1:30:29] full house being rented and [1:30:30] which is a problem the one in [1:30:31] the woodlands the guy went out [1:30:33] he wanted to start a commercial [1:30:34] business and basically he was [1:30:37] intending to rent multiple [1:30:37] single family homes around the [1:30:41] era of this was not his and he [1:30:44] was going to turn them into a [1:30:45] property management agency. [1:30:48] Do we want that to me is not [1:30:49] what we should be allowing in [1:30:52] single family neighborhoods. [1:30:53] >> that's not the intent which [1:30:53] you have in proximity then if [1:30:56] an owner lived within 500ft of [1:30:57] the property or how to well we [1:30:59] have we yes, there's the [1:31:03] proximity I mean but it was [1:31:04] comforting for the neighbors, [1:31:07] for the visitors and for the [1:31:07] owner to know that their [1:31:12] property is being you know, the [1:31:15] I wrote down risks out of [1:31:15] control event no. [1:31:18] One for the city or the [1:31:19] neighborhood to able to contact [1:31:21] because if no one's nearby who [1:31:25] do your contact and you know [1:31:28] everybody needs to feel [1:31:29] comfortable with this in their [1:31:30] neighborhood what about the [1:31:32] last couple of questions their [1:31:33] maximum rental duration [1:31:34] operational requirements [1:31:37] permissibly pool operation [1:31:37] requirements? [1:31:40] Well, I hosted non host and [1:31:41] local restrictions such as [1:31:43] proximity saturation, maximum [1:31:44] rental duration. [1:31:51] I think we're I'm not into [1:31:52] making it permissible to host [1:31:55] events in single family homes [1:31:56] in residential neighborhoods. [1:31:59] That's a commercial enterprise [1:31:59] . [1:31:59] Yeah. [1:32:00] All right thank you council [1:32:02] member darling. [1:32:06] >> okay so it's interesting [1:32:08] after I got the list of who [1:32:11] banned short term rentals I [1:32:11] looked up and every one of them [1:32:14] has short term rentals listed [1:32:15] on airbnb so they're in the [1:32:18] same position that we're in [1:32:18] which is they say that you [1:32:22] can't do it but people are [1:32:25] doing it anyway and and given [1:32:28] that slipperiness I think it's [1:32:32] better to go ahead and bring [1:32:32] people into compliance so we [1:32:36] know who they are so we have [1:32:36] control of the situation. [1:32:39] So I would not favor banning it [1:32:40] because we will be back here [1:32:43] right away. [1:32:44] I do think going for an [1:32:47] operating permit makes a lot of [1:32:51] sense something that is easier [1:32:55] to administer than anything we [1:32:56] could do to automate those is [1:32:59] to the good he owner occupied. [1:33:00] I have two minds on this. [1:33:01] On the one hand that was the [1:33:04] problem with orinda but on the [1:33:07] other hand the joaquin ranch [1:33:08] airbnb that was shut down by [1:33:11] the planning commission a few [1:33:12] years ago the owner lived there [1:33:15] and they still managed to [1:33:16] irritate the neighbors so owner [1:33:20] occupied owner is only as good [1:33:23] as the manager the person and [1:33:27] how proactive they are. [1:33:28] So I am interested in learning [1:33:31] more about that. [1:33:32] I don't have my heart set one [1:33:33] way or the other. [1:33:34] I can argue that one both ways. [1:33:35] >> I ask you a question. [1:33:39] Yeah but with no owner required [1:33:42] you definitely don't have on [1:33:43] site anagement I think it's [1:33:46] something that we need to think [1:33:46] about carefully because I think [1:33:49] if we just say you have to be [1:33:49] owner occupied that would still [1:33:52] have let the joaquin ranch one [1:33:53] go forward and that one ended [1:33:56] up really being problematic for [1:33:57] the neighborhood. [1:33:57] I didn't I wasn't in the [1:34:00] hearing because my house is [1:34:01] within 500ft of it. [1:34:03] You said yes. [1:34:04] Let me go over to across the [1:34:07] street for hours but it's not [1:34:11] the panacea. [1:34:12] It's not the cure all. [1:34:12] It's not perfect. [1:34:15] Okay. [1:34:16] I think clearly no special [1:34:16] events. [1:34:19] I think that especially in [1:34:19] single family neighborhoods but [1:34:22] same is true of our multifamily [1:34:23] housing you don't want to have [1:34:27] and I know that you don't want [1:34:30] to have the the bridesmaids [1:34:31] hootenanny in the apartment [1:34:34] next door. [1:34:35] I would like o see standards [1:34:36] safety requirements as far as [1:34:42] parking occupancy, things like [1:34:45] that as part of the permit. [1:34:49] I o think the how you keep the [1:34:50] neighborhood informed is going [1:34:52] to be an important part of this [1:34:53] . [1:34:57] I can see with an owner with a [1:35:01] an operating permit hat makes [1:35:02] it more difficult and so we'll [1:35:05] have to think through that [1:35:06] carefully. [1:35:06] I can think of a couple of [1:35:07] different ways you could do it. [1:35:09] One is frequently when we have [1:35:12] daycares that are coming in [1:35:13] there is a requirement for them [1:35:16] to provide contact info to [1:35:17] neighbors so that if pick up [1:35:20] and drop off gets to be a [1:35:21] problem and people are parking [1:35:23] in front of people's driveways [1:35:24] they know who to call. [1:35:24] So we will have to think [1:35:27] through how the neighbors get [1:35:31] recourse short of calling pd on [1:35:32] a friday night. [1:35:34] Now I'm not sure what the [1:35:35] answer is there but we do need [1:35:38] to find a way so that our [1:35:42] neighbors it doesn't spin out [1:35:43] of control before we find out [1:35:46] there's a problem I suppose [1:35:49] about safety requirements. [1:35:53] That's I think that's most of [1:35:54] the questions for e. [1:35:54] Okay. [1:35:57] They approached him kay. [1:35:57] >> but I'm generally in [1:36:00] agreement with councilmember [1:36:00] darling. [1:36:04] I guess the talking about the [1:36:07] owner occupied I'm worried [1:36:08] about how that would be [1:36:12] implemented from a practical [1:36:15] matter and especially given the [1:36:16] 111 or 179 where we don't [1:36:19] currently have that requirement [1:36:20] and so how would we go back and [1:36:23] and it essentially say they [1:36:24] can't be if they if t's a [1:36:26] single family home then they [1:36:30] can't do it and not the ones [1:36:31] that don't have permits that [1:36:34] we're trying to bring in to [1:36:34] compliance. [1:36:35] So I think if we imposed right [1:36:38] now at this point in time an [1:36:41] owner occupied requirement it's [1:36:42] a big I think it's a big [1:36:45] administrative enforcement [1:36:46] issue for us and for staff to [1:36:46] try to bring them into [1:36:49] compliance. [1:36:50] I so I'm sensitive to that. [1:36:54] I think what I'd like to see [1:36:57] and I'd be okay with an [1:36:57] operator permit provided there [1:37:01] were guardrails that said if [1:37:02] it's being operated in a manner [1:37:05] that's adverse to public [1:37:06] health, safety and welfare as [1:37:06] reasonably determined by city [1:37:10] staff, the operator permit goes [1:37:11] away and that can be done [1:37:14] immediately and that requires [1:37:15] enforcement as the city [1:37:17] attorney said. [1:37:21] I think if you're if you are or [1:37:22] have been in violation you [1:37:26] can't apply for a permit for 12 [1:37:26] months. [1:37:27] You know it's similar if you've [1:37:30] been denied a permit you have [1:37:31] to wait at least a year to [1:37:33] apply again, I'm okay with [1:37:37] giving someone the discount for [1:37:38] compliance but f they don't [1:37:40] comply within two months [1:37:41] they're denied and they can't [1:37:44] apply for a year because [1:37:44] think the goal is to try to [1:37:47] bring people into compliance [1:37:48] and get this regulated. [1:37:51] You know, I hadn't thought I [1:37:52] had I mean you brought up the [1:37:55] the neighborhood notice to kind [1:37:56] of see that going both ways [1:38:00] that it's I think it will be [1:38:00] regulated by staff as an [1:38:03] operator permit then there's [1:38:04] really not an opportunity for a [1:38:07] notice public hearing you could [1:38:08] do it a different a couple of [1:38:10] different ways and provide [1:38:11] notice to the neighbors and an [1:38:15] operator permit is going to be [1:38:16] issued unless a request for a [1:38:19] hearing before the zoning [1:38:19] administrator the said I don't [1:38:20] think we want to make it [1:38:23] necessarily appealable all the [1:38:24] way up to the council because [1:38:28] but there's maybe there would [1:38:29] be an up there'd be there would [1:38:31] be a hearing process before [1:38:32] there could be before the [1:38:35] sunning administrator set your [1:38:36] eyes get big that's one way to [1:38:36] do it. [1:38:37] I mean it could be an [1:38:40] administrative use permit too [1:38:41] which is I think that's how [1:38:43] those are run at staff level [1:38:44] but it could be appealed zoning [1:38:47] administrator issues and then [1:38:48] it could be appealed to the [1:38:48] planning commission. [1:38:51] So let's see I like the direct [1:38:55] remittance a lot. [1:38:56] I think we should absolutely [1:38:57] look and I know there are [1:38:59] several different platforms but [1:39:00] it sounds like one of the [1:39:00] biggest ones has that and I [1:39:03] think we should go forward with [1:39:03] that. [1:39:06] Absolutely no special events. [1:39:10] Um, what else? [1:39:15] I think I covered I think I [1:39:15] covered yeah. [1:39:17] So es sorry I didn't go [1:39:17] through your questions. [1:39:18] Yeah short term rentals should [1:39:19] be allowed. [1:39:20] What other aspects in terms of [1:39:25] operational uh, I think maximum [1:39:26] rental duration was the only [1:39:26] other one that you didn't [1:39:27] mention really. [1:39:28] >> we have o more than a week. [1:39:32] I'm okay with that. [1:39:33] >> I actually missed that one [1:39:33] when I was still my comments I [1:39:37] would be in favor of up to 30 [1:39:37] days. [1:39:40] One of the bigger uses is [1:39:40] people that are relocating to [1:39:41] the area and those those would [1:39:45] not to be to do the problems or [1:39:45] traveling professionals, [1:39:48] traveling nurses traveling you [1:39:52] know people in those and so up [1:39:56] to 30 days could work for a [1:39:56] situation like hat. [1:39:59] Council member did any eah [1:40:02] well I'm thinking about it like [1:40:03] the 30 day idea too I think [1:40:04] about people going on vacation [1:40:06] to maybe they want to rent out [1:40:07] their home they're going for 2 [1:40:07] or 3 weeks and that gives them [1:40:09] some flexibility. [1:40:14] Um one of the one of the things [1:40:14] I think about is you know what [1:40:20] I didn't like about the last [1:40:21] round we had discussion on this [1:40:24] was that we see this idea of [1:40:24] residential homes being turned [1:40:25] into commercial rentals, right? [1:40:28] So this as someone who not [1:40:29] only did they own home they [1:40:31] were renting it from someone [1:40:32] else and then turning it into a [1:40:33] commercial space. [1:40:35] So one suggestion I would have [1:40:38] that we consider is you know, [1:40:39] should the person have to live [1:40:41] in the house for at least six [1:40:42] months to be able to rent it [1:40:42] out. [1:40:45] So more than half the year that [1:40:48] that would be I think a pretty [1:40:52] reasonable thing to do. [1:40:56] I think if we do that it will [1:40:57] cut down on this residential [1:40:57] being turned into commercial. [1:41:00] It will be more homeowners that [1:41:01] are choosing to rent it out for [1:41:03] periods of the year. [1:41:04] I don't think that we need the [1:41:07] collector contingency. [1:41:08] I think all residents should [1:41:12] have the opportunity to rent [1:41:13] their house out on a short term [1:41:15] basis. [1:41:16] I would recommend e only [1:41:20] administer one short term [1:41:21] rental per resident so we don't [1:41:23] want to be in situations where [1:41:23] people collect houses so they [1:41:26] can rent them out. [1:41:27] I don't think we need a [1:41:28] conditional use permit. [1:41:31] I think it should be a much [1:41:32] easier almost you know like a [1:41:35] we calling it a operator is I [1:41:36] like a buy right type thing if [1:41:38] they just they meet certain [1:41:39] criteria. [1:41:42] Yeah currently we have five [1:41:43] guests I mean I'm not I'm not [1:41:44] so sure I mean we're a family [1:41:47] we often travel and we rent out [1:41:49] a home and we sometimes have 6 [1:41:50] or 7 people, right? [1:41:51] We've got like us five and like [1:41:52] maybe our parents or something [1:41:53] . [1:41:53] We're trying to find a home. [1:41:56] I don't think it's unreasonable [1:41:57] t increase that maybe eight I [1:41:58] don't think that's a party [1:41:58] size. [1:41:59] I still think that's family [1:42:04] oriented and then and then I [1:42:05] think that the when e issue [1:42:08] this permit for the short term [1:42:09] rental they should have to [1:42:11] display that on the listing [1:42:12] whenever they listed on one of [1:42:13] these platforms. [1:42:16] So it's easy for us to to pick [1:42:17] out like who's out of [1:42:17] compliance right your rent [1:42:20] there's a rental it doesn't [1:42:21] have a permit you out of [1:42:23] compliance then you know that [1:42:27] that would be a violation in of [1:42:27] itself. [1:42:30] I think we should we should [1:42:31] look at escalating penalties so [1:42:34] that we're not dealing with, [1:42:35] you know, folks going long [1:42:37] periods of time without having [1:42:38] consequences for for being out [1:42:41] of compliance. [1:42:42] And I think that if someone is [1:42:45] applied for the permit and is, [1:42:48] you know, remitting their totty [1:42:49] that the renewal process should [1:42:53] be very sort of just you know, [1:42:54] over the ounter type thing or [1:42:57] just online like if they're if [1:42:58] they're in compliance and and [1:43:00] they're remitting their totty [1:43:01] they should be able to renew. [1:43:04] Can I ask you a question just [1:43:05] to clarify if they are in [1:43:09] compliance means that they have [1:43:09] not violated the terms and [1:43:10] conditions of their permit. [1:43:10] Right. [1:43:11] Right. [1:43:12] Okay. [1:43:16] Yeah, yeah, yeah. [1:43:16] So yeah. [1:43:19] So I would I wouldn't restrict [1:43:20] I don't think we need to come [1:43:21] up with like a density or [1:43:24] location criteria. [1:43:24] Yeah I don't I don't think [1:43:27] we're at that level. [1:43:30] I do think if you live in the [1:43:31] home and you have a need to you [1:43:35] that's eligible to be rented as [1:43:36] a as a short term rental that [1:43:39] we shouldn't put limits on that [1:43:40] I think if you if you live in [1:43:42] the home and you have a space [1:43:43] that you want to rent out that [1:43:46] that that should be allowed. [1:43:50] I think the with these types of [1:43:51] changes we might see an overall [1:43:51] decrease in short term entals [1:43:54] if we have folks need to live [1:43:55] in them for six months which [1:43:57] would increase our housing [1:43:58] stock. [1:43:59] But I also think that if we [1:44:02] make the process easy to comply [1:44:02] with would be increased [1:44:03] compliance and increased tlt [1:44:06] for the city. [1:44:06] Good. [1:44:10] Thank you. [1:44:11] I mean obviously we short for [1:44:12] rentals are something that's in [1:44:14] existence. [1:44:15] It's been there the cat is out [1:44:16] of the bag on this and now [1:44:19] we're trying to figure out ways [1:44:21] to corral it but some and and [1:44:22] and where to feed it and how to [1:44:24] and and how to take it in but [1:44:25] it's been part of the challenge [1:44:29] that I have ust emotionally on [1:44:30] this is that here we are [1:44:33] approving all of these units [1:44:34] and there was just a course at [1:44:36] the lanning commission last [1:44:37] week approving a eight storey [1:44:41] development right in the heart [1:44:44] of downtown and we're doing [1:44:45] that of course to increase the [1:44:46] housing stock and I have a [1:44:48] concern that all right. [1:44:49] Are there are there going to be [1:44:50] investors that are going to be [1:44:52] taking up these to be able to [1:44:53] rent them out of short term [1:44:56] rentals and now we're just [1:44:56] losing housing stock along the [1:44:57] way that we're trying to do the [1:45:00] best we can to meet the numbers [1:45:01] and to do what's right. [1:45:04] So there are challenges there [1:45:05] but I do think short term [1:45:07] rentals should be allowed the [1:45:08] question of a whole house [1:45:14] versus in the multifamily units [1:45:15] it's hard. [1:45:16] I think it's it's hard to say [1:45:20] owner occupied and we're like [1:45:23] if we go somewhere and my wife [1:45:23] and I bring our son and [1:45:26] daughter and their significant [1:45:27] other is that six and if we're [1:45:30] going to rent a house for [1:45:31] that's 2 or 3 bedrooms you know [1:45:35] where is the owner going to [1:45:35] stay so we don't have a lot of [1:45:38] mansions in walnut creek and a [1:45:39] lot of these are just 3 or 4 [1:45:40] bedroom places so not sure [1:45:42] owner occupied is really [1:45:46] pragmatic and certainly when [1:45:46] we're talking about multifamily [1:45:47] housing while there is roperty [1:45:50] management on site I think it [1:45:51] becomes more of a challenge and [1:45:54] anything else and being able to [1:45:58] try to meet that I, I like so [1:46:01] yes so I think we do need to [1:46:02] develop a short term rental [1:46:03] agreement on this. [1:46:05] I do think we need streamlined [1:46:08] options for consideration [1:46:09] absolutely not events I mean [1:46:12] whatever event whatever [1:46:12] planning commission decides [1:46:13] what are events I don't think [1:46:16] we should be able to have those [1:46:17] maximum rental duration. [1:46:19] I think 30 days makes sense and [1:46:20] I think that the other [1:46:24] requirements that we've heard I [1:46:25] think in general the one thing [1:46:28] I would say regarding adu since [1:46:28] councilmember vinny brought [1:46:29] this up is that was [1:46:31] specifically related to these [1:46:32] whole housing that is using the [1:46:36] streamlined state mandates to [1:46:36] be able to build an edu. [1:46:38] I don't think they should then [1:46:39] be able to turn that around as [1:46:40] a short term rental. [1:46:41] They're doing that to be able [1:46:43] to take advantage so that we [1:46:44] can provide more housing for [1:46:48] people not more rentals for [1:46:48] people. [1:46:49] So that's a one no understood [1:46:51] and I agree and so to be clear [1:46:52] I understand there's state law [1:46:54] around that and I understand [1:46:55] that it's there to maintain our [1:46:56] housing stock for people have [1:46:57] taken advantage of the [1:46:58] streamlined process so those [1:46:59] should not be allowed to be [1:47:00] rented out of short term [1:47:02] rentals. [1:47:03] But if you have an eligible to [1:47:06] you that MAY be was preexisting [1:47:06] or you didn't take advantage of [1:47:10] those streamlining processes, I [1:47:11] think those folks I would I [1:47:11] would agree I guess just so [1:47:12] we're on the same page there i [1:47:16] would agree with that. [1:47:17] Well, we're a little over the [1:47:18] board all over the board on [1:47:18] this. [1:47:20] But is there enough direction [1:47:24] we to move forward on so I [1:47:24] think there's a good start of [1:47:27] things to create a conversation [1:47:28] with the community and planning [1:47:31] commission and then circle back [1:47:32] around. [1:47:32] >> okay. [1:47:32] Can I make one other? [1:47:36] Sure as it went down so I will [1:47:36] correct my word from owner [1:47:40] occupied to hosted because that [1:47:40] was the r word that was in [1:47:43] front of us and if somebody [1:47:44] built in to you and moved into [1:47:47] the adu on their property which [1:47:48] I know someone who did that [1:47:48] then they can rent out the [1:47:51] house whether it's for long [1:47:51] term or short term. [1:47:52] Right. [1:47:55] Well I mean there's a way [1:47:55] there's a way to do it if there [1:47:56] was way to do it. [1:48:00] Yes, there is a way to do it. [1:48:00] Okay. [1:48:01] So great. [1:48:04] Well, thank you very much, [1:48:05] erica. [1:48:05] That was a much longer [1:48:06] discussion than I thought it [1:48:08] was going to be. [1:48:09] How are people doing here? [1:48:12] But you know what's it to we [1:48:13] take a break, right? [1:48:13] Yes. [1:48:13] All right. [1:48:14] Let's take a ten minute break [1:48:14] - [1:48:22] till 8:00 [1:48:22] tonight. [1:48:28] >> you know, we should have in [1:48:31] the middle of the race and and [1:48:31] we're back next on the agenda [1:48:35] it's a consideration item [1:48:37] titled update on 2025 and 126 [1:48:38] city council priorities and I [1:48:41] invite assistant to the city [1:48:42] manager joe karas and forward [1:48:44] to provide the presentation. [1:48:45] >> all right. [1:48:46] Thank you so much. [1:48:46] Good evening. [1:48:49] Council members. [1:48:49] My name is joe cardoza, [1:48:52] assistant to the city manager [1:48:53] and thank you for your time [1:48:56] this evening to present on yes [1:48:57] the update on the five city [1:49:00] council priorities for calendar [1:49:01] years 2025 and 2026 which were [1:49:07] identified in FEBRUARY of 2025 [1:49:08] . [1:49:08] So tonight's presentation is [1:49:11] going to include two things [1:49:11] first that update that we're [1:49:12] here for on the significant [1:49:15] work accomplished since the [1:49:16] last update to council which [1:49:19] was in MAY of this year. [1:49:20] >> and then I'm going to go [1:49:20] ahead and close the [1:49:23] presentation tonight with [1:49:23] something a little bit more [1:49:26] forward looking which is for [1:49:29] the calendar year 2027 and 2028 [1:49:30] upcoming city council [1:49:32] priorities. [1:49:33] I'm oing to go ahead and [1:49:34] provide a brief overview of in [1:49:37] progress and plan community [1:49:38] outreach to inform those future [1:49:44] council priorities so as done [1:49:44] in the past you'll be hearing [1:49:47] directly tonight from the the [1:49:48] leads for each of these five [1:49:51] city council priorities and [1:49:52] these staff leads are those [1:49:54] that are ensuring that these [1:49:55] priorities become implemented [1:49:58] and turned into real projects [1:49:59] and accomplishments. [1:49:59] And so you'll be hearing from [1:50:03] from them which is economic [1:50:04] development and downtown [1:50:04] vitality which will be mike [1:50:07] nieman, candace rink and mumby [1:50:08] will talk about environmental [1:50:11] sustainability climate action [1:50:12] general plan update you'll hear [1:50:14] from erica vanden brand rich [1:50:15] payne to cover park and [1:50:18] recreation facilities and then [1:50:19] finally chief hibbs will cover [1:50:20] public safety and social [1:50:22] wellness. [1:50:23] >> so with that I'm going to go [1:50:24] ahead and pass it to our first [1:50:26] presenter mike newman to talk [1:50:27] about economic development and [1:50:30] downtown vitality. [1:50:34] >> and good evening mayor [1:50:34] council mike newman, your [1:50:38] economic development manager [1:50:39] and I will give you an update [1:50:42] for the economic development [1:50:43] priority updates. [1:50:46] As you know we have four major [1:50:49] council priorities and the [1:50:50] first one is continue building [1:50:50] a resilient, inclusive and [1:50:53] diverse economy. [1:50:54] So we're making a number we [1:50:57] have made a number of efforts [1:50:57] on those fronts. [1:51:00] First and foremost we are [1:51:01] developing a health care [1:51:04] marketing campaign and we are [1:51:07] getting ready for a health care [1:51:07] conference season. [1:51:11] We have two in NOVEMBER that [1:51:12] are planning to roll the [1:51:15] campaign out for we are a [1:51:15] sponsor will have a booth. [1:51:18] There will be marketing to the [1:51:19] recipients there and we also [1:51:22] have a digital presence [1:51:25] following up on those efforts. [1:51:26] As you know health care is one [1:51:30] of the critical industry that [1:51:31] we are targeting. [1:51:33] We also continue collaborating [1:51:34] on with educational [1:51:34] institutions and other tech [1:51:37] partners on various [1:51:38] initiatives. [1:51:41] tech is another area of focus [1:51:42] to build a diverse economy here [1:51:45] in walnut creek and we are [1:51:46] sponsoring a small business [1:51:49] development corporation start [1:51:50] up world cup event next [1:51:53] thursday. [1:51:54] Actually it will be at the east [1:51:57] bay health state campus in [1:52:00] hayward. [1:52:01] Te second objective s to [1:52:04] continue creating a business [1:52:04] friendly environment. [1:52:08] A number of efforts on that [1:52:09] front include assisting the [1:52:12] shade lance property business [1:52:15] improvement district with [1:52:15] developing and getting an [1:52:16] entitlement for their master [1:52:19] signed program. [1:52:20] Signage is one of the critical [1:52:23] priorities there for for [1:52:27] creating a more distinct area [1:52:27] within the shade lands will [1:52:31] continue process improvements, [1:52:31] training and implementation and [1:52:35] that's the lead effort and as a [1:52:35] matter of fact that the next [1:52:39] council hearing on SEPTEMBER [1:52:40] 15th you will get a much more [1:52:42] robust update on what various [1:52:43] progresses and updates that [1:52:47] staff has made in that regard [1:52:48] to streamline the permitting [1:52:51] process and make he customer [1:52:54] experience more friendly. [1:52:58] And we also continue an ongoing [1:52:59] outreach to local businesses, [1:53:02] property owners and other [1:53:02] stakeholders. [1:53:03] This of course includes [1:53:06] business retention efforts, [1:53:07] communications information [1:53:10] sharing and things along that [1:53:10] nature. [1:53:11] The third objective is [1:53:14] enhancing the downtown [1:53:15] experience and tourism [1:53:18] attraction the focus on [1:53:19] downtown over the last year has [1:53:22] been on the outdoor dining [1:53:23] program which has really [1:53:25] activated the streets with the [1:53:26] pods. [1:53:26] We have implemented the [1:53:29] council's direction for [1:53:30] implementation of these pods by [1:53:34] deploying the $100,000 grant [1:53:37] and thank you to this council [1:53:38] for allocating the funding [1:53:41] exactly a year ago. [1:53:42] We're happy to report that over [1:53:45] the course of a year all of the [1:53:46] hundred thousand has been [1:53:48] deployed and ten new pods have [1:53:49] been delivered and we estimate [1:53:52] that that generated about 4 to [1:53:53] 1 private sector investment. [1:53:56] But most of hese ods being [1:53:59] north of $40,000 each in [1:53:59] construction. [1:54:02] So the 10,000 per restaurant [1:54:03] have been leveraged really well [1:54:06] and has transformed the [1:54:10] landscape on many blocks across [1:54:10] downtown to the tune where we [1:54:13] have actually even won an [1:54:14] economic development award for [1:54:14] the implementation of this [1:54:17] program. [1:54:18] We've also implemented an [1:54:21] entertainment zone in [1:54:22] collaboration with walnut creek [1:54:25] downtown and happy to report it [1:54:26] that they have successfully [1:54:28] hosted two events under the [1:54:29] management plan that they had [1:54:32] conceived under this ordinance [1:54:36] umbrella and both events have [1:54:37] been very successful and [1:54:40] reported positive feedback from [1:54:41] a lot of operators of [1:54:41] restaurants in downtown and [1:54:44] we've attracted about 11,000 [1:54:47] visitors through those two [1:54:47] events alone. [1:54:48] So there's more in the works [1:54:51] for next season and the last [1:54:55] objective is promotion of the [1:54:55] city rand as a premier [1:54:58] destination and a high quality [1:55:01] of life community as we are so [1:55:02] I'm excited to share that. [1:55:05] We have just last week launched [1:55:06] a new data dashboard and it can [1:55:10] be found on the walnut creek [1:55:11] connected website and you could [1:55:13] see here it's in the [1:55:13] interactive data dashboard that [1:55:18] captures 20 major data points [1:55:22] and each one of them you can [1:55:22] click on and play around with [1:55:25] the data going from istoric to [1:55:26] current and we're currently in [1:55:28] the process of sharing this [1:55:32] with the development community [1:55:33] with prospective businesses and [1:55:36] also we are seeking input on [1:55:36] it. [1:55:37] We plan to continuously update [1:55:40] the data but also if there MAY [1:55:44] be other kpis that are helpful [1:55:44] . [1:55:45] It's something that we will [1:55:47] continuously update as we get [1:55:48] along and make sure that it [1:55:52] captures the most important and [1:55:52] robust data that's a living [1:55:55] document. [1:55:56] We've also continued [1:55:59] coordinating quarterly [1:56:00] stakeholder meetings and those [1:56:00] are with our partners the [1:56:06] chamber wcg leicester. [1:56:07] We've also continued to support [1:56:10] the general plan update through [1:56:14] primarily through data support [1:56:15] and working with economic sub [1:56:18] consultant and lastly we've [1:56:19] completed the city's economic [1:56:19] development action plan and [1:56:22] that was the document that we [1:56:24] brought before you in JUNE [1:56:29] which is a two year document [1:56:29] and document documents the [1:56:30] action steps for the city's [1:56:30] economic development efforts in [1:56:32] the next two years and grow [1:56:36] well underway in implementing [1:56:39] the goals of that document. [1:56:43] and with that I will pause for [1:56:44] questions. [1:56:45] >> thank you. [1:56:47] Any questions for mike? [1:56:48] >> there's a nice, nice and [1:56:50] thorough and glad to hear that [1:56:51] our grant program was a success [1:56:55] to councilmember silver. [1:56:56] We just wanted to say thank you [1:56:57] for the report but it was [1:56:59] concise. [1:56:59] It was focused on the things [1:57:00] that have been recent and key [1:57:03] achievements. [1:57:04] So great job. [1:57:04] Thank you. [1:57:07] I got to play with the [1:57:07] dashboard and I found out [1:57:08] things when I was looking. [1:57:09] >> I came across that the other [1:57:12] day I, I didn't you know we [1:57:12] always talk about how many [1:57:14] health care jobs that I like. [1:57:15] Well that is quite a few. [1:57:18] So good job. [1:57:19] >> what is the percentage of [1:57:20] health care used to be 14% f [1:57:25] the jobs but I don't have it [1:57:25] off the top of my head. [1:57:28] >> I have to go look at it. [1:57:29] I would encourage you to look [1:57:30] on the dashboard and we'll be [1:57:31] there. [1:57:32] All right. [1:57:35] Thanks, mike. [1:57:50] There was the good evening, [1:57:50] mayor and council. [1:57:51] I am candis ranking member [1:57:54] sustainable city manager and [1:57:54] I'll be providing the update on [1:57:55] the next school environmental [1:57:58] sustainable city and climate [1:57:59] action which focuses on [1:58:02] remaining a leader in reducing [1:58:02] our pollution related to the [1:58:03] climate and other [1:58:06] sustainability goals focused [1:58:06] through implementation of our [1:58:10] sustainability action plan. [1:58:11] >> so first we'll discuss some [1:58:14] of the work that we've done on [1:58:14] buildings since we last talked [1:58:15] in MAY and a lot of this has [1:58:18] focused on energy efficiency [1:58:18] within buildings. [1:58:21] So facing outward into the [1:58:22] community we coordinated with [1:58:25] mce to send a targeted email [1:58:29] campaign to high users of [1:58:29] energy between 4 to 9 P.M. [1:58:33] Which is when energy is the [1:58:33] most expensive and also the [1:58:37] dirtiest and so we was able to [1:58:38] use the data that they have to [1:58:40] target 430 households with a [1:58:41] specialized email that you see [1:58:44] here on the right really trying [1:58:44] to make sure that we're putting [1:58:48] the message where will be most [1:58:51] most used and then for our own [1:58:52] facilities we completed the [1:58:52] lighting upgrades that have [1:58:55] come to council earlier this [1:58:56] year at the leisure center for [1:58:59] the arts the arts guild and the [1:59:00] walnut creek library and we use [1:59:03] on both financing for this [1:59:03] program which is offered [1:59:06] through pge and allows us to [1:59:07] offset the upfront cost and [1:59:10] spread it out over time through [1:59:11] the energy savings for the that [1:59:14] will be part of the project [1:59:15] next we have a lot of [1:59:19] transportation updates from [1:59:19] this summer as well. [1:59:22] So as you know at our last [1:59:23] meeting we went deep on [1:59:23] electric vehicles focusing on [1:59:26] our fleet and implementation of [1:59:27] our public facing chargers and [1:59:30] so staff are working on [1:59:30] implementing the direction that [1:59:33] we received at that meeting and [1:59:34] are working on preparing a [1:59:34] procurement for a third party [1:59:37] vendor for our ublic facing [1:59:37] chargers. [1:59:38] So be more updates on that in [1:59:41] the coming months and then [1:59:41] wanted to note that from the [1:59:45] goal in the sustainability [1:59:45] action plan we have we're [1:59:48] making really great progress on [1:59:49] expanding our bike network so [1:59:49] we've expanded from our [1:59:55] baseline 15% already and 3.2% [1:59:56] or about a half a mile of that [1:59:57] has happened in the last year [1:59:59] and we're really targeting that [2:00:00] on expanding the bike network [2:00:02] and increasing access and [2:00:03] filling in gaps and you'll get [2:00:06] more updates on some of those [2:00:07] specific projects later [2:00:07] tonight. [2:00:08] But it's really important to [2:00:11] sustainability so I wanted to [2:00:11] mention it here as well and [2:00:14] then on more outreach and [2:00:15] programatic transportation [2:00:18] related goals we've been doing [2:00:21] a combination of both in-person [2:00:22] and online outreach this summer [2:00:25] so we hosted bike to where [2:00:26] everyday very shortly after [2:00:28] your last update which was very [2:00:29] successful this year we had our [2:00:32] regular energizer station that [2:00:33] we've done in the morning for [2:00:34] several years and then this [2:00:36] year we added on a bike rodeo [2:00:37] in the afternoon focused on the [2:00:37] younger kids and that went [2:00:40] really well and additionally [2:00:41] during his summer we were [2:00:44] invited to some staff from [2:00:45] sustainability and mayor wilk [2:00:48] joined us to the sustainability [2:00:48] and science summer camp which [2:00:51] was a new summer camp that was [2:00:51] offered this year. [2:00:52] It was mostly recycle smart [2:00:55] programing and hen n friday [2:00:56] we joined to focus with the [2:00:59] kids on transportation related [2:01:00] initiatives and they were very [2:01:01] enthusiastic about the topic. [2:01:03] We are also working to support [2:01:06] the walk and roll program which [2:01:07] is offered throughout the [2:01:08] county at elementary schools [2:01:10] and for those participating [2:01:11] schools they pick a specific [2:01:14] day a week and really encourage [2:01:17] the students to come on foot on [2:01:18] a bike or in a carpool and [2:01:19] students get incentives to [2:01:22] participate over time. [2:01:23] These programs are really well [2:01:24] received and it's going to be [2:01:26] receiving an award at the [2:01:26] upcoming sustainability gala. [2:01:28] And so we've been helping to [2:01:29] promote it to more elementary [2:01:30] schools in walnut creek and [2:01:32] we're seeing more and more [2:01:36] participate each year and then [2:01:37] over the summer we supported [2:01:39] the youth ride free program [2:01:40] from county connection which [2:01:44] had I believe it was in their [2:01:44] first month about 13,000 youth [2:01:48] take advantage of that program [2:01:49] and it was a big increase over [2:01:49] last year about 15%. [2:01:52] So that was a very successful [2:01:53] program this summer and [2:01:53] currently we have our fall [2:01:56] version of encouraging youth [2:01:59] pass to class which offers free [2:02:00] bus pass for the first two [2:02:01] months of the ear to get [2:02:03] students in the habit of [2:02:04] writing the book the bus to [2:02:07] school. [2:02:08] And so both of those work on [2:02:09] reducing congestion and [2:02:11] pollution as well as creating a [2:02:12] habit of aking transit from an [2:02:19] early age in the area of waste. [2:02:21] We've given a few updates on a [2:02:22] program through recycle smart [2:02:25] called rethink disposable which [2:02:26] works with local restaurants to [2:02:29] who use single use for dine in [2:02:30] to see if they can switch that [2:02:33] to reusable which can save them [2:02:34] money obviously reduce waste [2:02:37] and then also provide an [2:02:38] elevated dining experience and [2:02:42] we had low participation early [2:02:43] so we've really been targeting [2:02:45] and focusing on that and over [2:02:46] the year we've essentially [2:02:46] filled all the available spots [2:02:49] in walnut creek for this [2:02:49] funding cycle. [2:02:50] So we're excited to get those [2:02:53] resources out there so that we [2:02:54] can promote these great changes [2:02:55] that the restaurants have been [2:02:55] making. [2:02:56] But they're about seven [2:02:57] restaurants are actively going [2:03:00] through that process right now [2:03:00] . [2:03:01] >> we also hosted our second [2:03:04] annual repair cafe partnering [2:03:05] with sustainable rossmore and [2:03:08] recycle smart but it was hosted [2:03:09] in civic park and open to [2:03:11] anyone who has a common [2:03:12] household item that they think [2:03:13] they can fix but isn't [2:03:16] operating at the time they can [2:03:17] bring it in and a volunteer who [2:03:18] has some sort of repair skills [2:03:20] sits down with them and they [2:03:20] work together on seeing if they [2:03:23] can make the item usable. [2:03:24] And so we had really great [2:03:26] turnout again this year with [2:03:29] 129 items that were brought in [2:03:30] and about 70% of them were [2:03:30] either fixed or the person [2:03:33] walked away kind of knowing [2:03:34] what they would need to do to [2:03:34] fix it. [2:03:37] It's a really great environment [2:03:38] and there encourage anyone to [2:03:38] attend. [2:03:39] We're hoping to host one each [2:03:41] year people use their item [2:03:42] doesn't get fixed. [2:03:42] They feel really good about [2:03:43] trying to do it and it helps [2:03:44] add to our culture of reuse and [2:03:47] repair in the city. [2:03:49] >> and my last topic is just an [2:03:52] update on our gas power leaf [2:03:53] blower ban which has been in [2:03:56] effect since APRIL. [2:03:56] And so sustainable staff and [2:03:57] code enforcement staff are [2:04:00] working together to respond to [2:04:00] complaints of potential [2:04:03] violation that we receive and [2:04:04] we're really focusing on an [2:04:06] education first approach. [2:04:09] We're averaging about 150 [2:04:13] reports a month and we have [2:04:14] notice we send a if we get [2:04:17] repeat notices you know, we [2:04:18] have steps that we follow up on [2:04:20] that but about 85% of the [2:04:22] properties we've only received [2:04:23] one complaint about them. [2:04:24] So we're hoping that's a sign [2:04:24] that the outreach that we're [2:04:27] doing s either informing [2:04:27] people of policy they didn't [2:04:30] know about or helping them see [2:04:31] the benefits of it and bringing [2:04:34] them into compliance. [2:04:35] >> and with that I'm happy to [2:04:35] take any questions. [2:04:37] Thank you can so I actually [2:04:38] have a quick question on that [2:04:38] last one. [2:04:41] So how what's the outreach that [2:04:42] if we hear a complaint what's [2:04:42] the next step? [2:04:45] >> so we send a letter to the [2:04:46] property letting them know that [2:04:47] there MAY have been a potential [2:04:50] violation sharing the resources [2:04:51] that we have on our website and [2:04:53] we include a flier that's [2:04:54] targeted to landscapers along [2:04:55] with that notice so they can [2:04:58] pass that information along if [2:04:58] that's the service that they [2:04:59] receive. [2:05:01] Thank you. [2:05:02] On the reusable food work we've [2:05:05] had some conversation at [2:05:06] recycle smart about this. [2:05:07] What do you actually mean by [2:05:10] reusable food where because [2:05:10] quite frankly if I go into a [2:05:13] restaurant and I get a plated [2:05:14] dinner with their plates that's [2:05:17] reusable because it's going [2:05:17] through a dishwasher but I [2:05:18] don't think you mean thank you [2:05:21] what do you mean by that? [2:05:21] >> yeah. [2:05:22] So this program is pretty [2:05:24] flexible and part of what they [2:05:25] provide is technical assistance [2:05:26] kind of working with the [2:05:26] restaurant and understanding [2:05:28] their operation. [2:05:29] So the photo on the slides a [2:05:32] little small this isn't an [2:05:33] example in walnut creek but it [2:05:34] is an example of the kind of [2:05:36] the wide breath this kind of [2:05:37] program could provide. [2:05:40] So the photo on the left would [2:05:41] be the before you come in and [2:05:43] sit down and you get your food [2:05:44] in a clamshell even if you're [2:05:44] eating it in so they can [2:05:47] provide dishes for that but [2:05:48] they'll also assist restaurants [2:05:51] even if it's one of the [2:05:52] participating businesses is [2:05:55] looking at just reusable straws [2:05:56] there they mainly do beverages [2:05:59] so even if they aren't able to [2:05:59] transition everything if they [2:06:03] could do just the straws as an [2:06:06] example it still reduces a lot [2:06:07] of waste being generated and [2:06:10] can save them the money they [2:06:11] have to go all the way. [2:06:12] I guess a conversation centered [2:06:12] around the dishwashing [2:06:14] requirement so if they're [2:06:15] actually eating in and that the [2:06:18] food establishments utensils [2:06:22] and food were and even that it [2:06:22] might not even be available on [2:06:23] site. [2:06:26] Yes so the technical assistance [2:06:27] providers can work with them to [2:06:30] see if the certain there are [2:06:31] some that sometimes it works [2:06:34] without a dishwasher they there [2:06:35] are ways they can do it. [2:06:36] Sometimes it doesn't it doesn't [2:06:38] work for every site but this [2:06:39] program actually can funded [2:06:41] dishwashers which a lot of them [2:06:42] don't. [2:06:43] >> so that that is a really [2:06:43] great way about how it's [2:06:44] structured. [2:06:45] Thank you. [2:06:46] >> yes. [2:06:50] Yeah and thank you for the [2:06:51] presentation and a lot of the [2:06:51] exciting projects we're working [2:06:53] on. [2:06:54] Congratulations on the work [2:06:54] with rock and roll. [2:06:57] I was wondering with this [2:07:00] reusable food containers did [2:07:01] someone reach out to john meyer [2:07:05] hospital cafeteria because they [2:07:05] recently there are very high [2:07:09] volume and they recently just [2:07:09] made this change and I imagine [2:07:13] that the volume of disposables [2:07:13] that hey go through would [2:07:16] probably equal 5 or 6 [2:07:17] restaurants in and of itself [2:07:17] but they've transitioned to all [2:07:21] reusable food wares and yeah [2:07:24] that's that's great to hear I [2:07:25] don't think and just you know [2:07:28] outside of restaurant and [2:07:29] there's some other schools [2:07:30] programs that recycle great [2:07:30] works on I'm not aware of them [2:07:32] reaching out to health care [2:07:36] yeah just a few yeah I feel o [2:07:36] it's nice to see you. [2:07:37] >> yeah. [2:07:39] Thank you. [2:07:40] >> thanks, candice. [2:07:40] Thank you. [2:07:43] And I'll pass it off to erica [2:07:43] vanden brand to give the [2:07:54] general plan update call hello [2:07:58] there council erica vander [2:07:58] brown community development [2:08:01] director so just a little bit [2:08:02] more than a month ago we are [2:08:05] before you talking about the [2:08:06] general plan update and the [2:08:09] fact that it's a multiyear [2:08:09] community based effort. [2:08:12] It's more of an iron man than [2:08:12] it is a5k. [2:08:16] So with that I will share with [2:08:19] you one slide and what's [2:08:20] happened since we're last in [2:08:24] front of council on the 21st of [2:08:24] JULY. [2:08:28] So if you recall you know there [2:08:29] had been a significant amount [2:08:30] of stakeholder outreach that [2:08:31] occurred in the community as [2:08:32] well as having a joint [2:08:35] commission kickoff study [2:08:36] session and then coming here [2:08:39] before council on the 21st of [2:08:39] JULY. [2:08:42] So since that time we've been [2:08:43] out in the community talking [2:08:44] with folks about what their [2:08:46] hopes, aspirations and dreams [2:08:47] are for the general plan. [2:08:51] Update we've been at the locust [2:08:52] street festival once upon a [2:08:54] street and probably plaza and [2:08:55] then later on this month we [2:08:58] will be at both farmers markets [2:08:59] so that the one in shade lands [2:09:02] on the 19th of this month as [2:09:06] well as the downtown farmer's [2:09:10] market on the 13th to share [2:09:11] with the community that this [2:09:13] effort is underway. [2:09:14] >> and then the you know [2:09:17] probably for you the least [2:09:21] interesting paper based type of [2:09:21] - [2:09:22] thing is that we have existing [2:09:25] condition reports to document [2:09:26] all the different existing [2:09:29] commissions are conditions [2:09:30] throughout the community and so [2:09:33] those are you know have been [2:09:34] drafted, they've been reviewed [2:09:35] by staff and we're going back [2:09:38] and forth with the consultant [2:09:38] to make sure that those [2:09:41] existing conditions represent [2:09:42] represent the community as we [2:09:45] know it to be today and those [2:09:46] will be shared out a little bit [2:09:49] later in the year with both the [2:09:53] commissions and I want than you [2:09:54] with council. [2:09:54] The intention is that by the [2:09:56] end of the year that we've [2:09:57] returned and that we're able to [2:10:01] share that information with you [2:10:02] and to have a further [2:10:05] discussion most importantly [2:10:07] however there on thursday, [2:10:08] SEPTEMBER 24th there is a [2:10:09] workshop upcoming at the civic [2:10:12] park community center and so [2:10:15] mayor pro tem francois has [2:10:16] agreed to help welcome the [2:10:20] community to that on that day [2:10:23] and so with that it's not [2:10:24] nearly as exciting as the last [2:10:28] time we were here last month or [2:10:29] you know, the month before [2:10:29] that. [2:10:31] But just if you have any [2:10:32] questions I'm here to answer [2:10:34] them. [2:10:35] >> thank you. [2:10:39] And I'm manning the stuffing [2:10:39] the farmer's market booth n [2:10:42] the 13th so I'll see you or [2:10:45] staff or both what is an [2:10:46] existing an example of an [2:10:49] existing condition and when do [2:10:50] you think council will see that [2:10:53] report and will it be before a [2:10:56] mayor pro tem and I two part [2:10:57] good question. [2:11:01] >> so the the intention is an [2:11:04] existing conditions report so [2:11:05] there are a number of them some [2:11:08] of them deal with healthy [2:11:08] communities, some of them deal [2:11:11] with the state of in our arts [2:11:12] and recreation or open spaces. [2:11:15] Still others you know document [2:11:16] our demographics or economic [2:11:19] development you know what's [2:11:20] going on and then our land uses [2:11:23] in our transportation certainly [2:11:23] so that is the array of [2:11:27] existing onditions and it's to [2:11:28] make sure that we all have the [2:11:31] same facts that we're operating [2:11:32] from in the community and that [2:11:35] all those are undocumented. [2:11:36] Now in terms of your next [2:11:39] question, we're so well I was [2:11:40] sharing with councilmember [2:11:43] francois earlier it's like one [2:11:43] of these period television [2:11:46] shows where you have the staff [2:11:47] scurrying around for the big [2:11:50] event and so we're trying [2:11:50] desperately to get all this [2:11:54] done and we need to be able to, [2:11:57] you know, work to both with our [2:11:58] consultants to get things done [2:11:58] as quickly as possible and then [2:12:01] also find time on he council [2:12:02] agenda. [2:12:05] So I will defer that question [2:12:08] ultimately to our city manager [2:12:08] . [2:12:12] Thank you. [2:12:12] Okay. [2:12:13] I think that's it. [2:12:15] Thanks for the update, erica. [2:12:16] Thank you very much. [2:12:17] And I will introduce rich payne [2:12:25] our public works director. [2:12:29] >> good evening mayor. [2:12:30] Members of the council I'm rich [2:12:31] payne, the public works [2:12:32] director for the city walnut [2:12:33] creek. [2:12:34] >> tonight I will be updating [2:12:37] you on the park and recreation [2:12:40] facility. [2:12:41] This probably already includes [2:12:45] many of the metro projects [2:12:49] specifically a large one which [2:12:49] is the aquatics and community [2:12:50] center. [2:12:51] >> so I'll give you an update [2:12:52] on that along with some other [2:12:53] funded projects such as the [2:12:57] transportation project that we [2:12:57] have going in the ity. [2:13:01] >> so just first off just [2:13:01] want to recap some of the [2:13:02] projects that we've completed [2:13:07] using our metro funding and the [2:13:08] first one here is the ball [2:13:09] field lighting project at tice [2:13:12] valley park. [2:13:12] I'm sure mike vickers is [2:13:15] looking at this picture and [2:13:16] asking why couldn't you use a [2:13:17] better picture of the turfs in [2:13:19] pretty bad shape? [2:13:20] But I wanted to illustrate this [2:13:23] the lighting has enabled the [2:13:24] city to expand the usage of [2:13:27] this ark and you can see that [2:13:28] it's being well used. [2:13:31] So I think that's a success [2:13:31] even though it's a little more [2:13:34] work on our maintenance staff [2:13:35] and it definitely is a success. [2:13:38] The synthetic turf project at [2:13:39] heather farm park is another [2:13:39] one. [2:13:42] Just anecdotally my ife and I [2:13:43] were here on friday drove past [2:13:46] the field and looked at the [2:13:47] just looked at what was [2:13:47] happening out there and I don't [2:13:50] think there was a square oot [2:13:51] of that field that wasn't being [2:13:54] used or several teams using the [2:13:54] field for practice. [2:13:57] >> it was really you know, just [2:13:57] - [2:13:58] illustrates the success that [2:14:01] has gone into this project. [2:14:02] And then I just want to point [2:14:06] out the court resurfacing at [2:14:06] both our basketball court [2:14:09] abelardo and then the roger [2:14:10] park. [2:14:13] So both really in talking to [2:14:13] mike it really has activated [2:14:17] those spaces before. [2:14:18] If you remember the basketball [2:14:21] court at our building was in [2:14:22] pretty bad shape and really [2:14:24] underutilized and now that it [2:14:25] we've resurfaced it and prove [2:14:28] that amenity has really drawn [2:14:29] people there for pickup games [2:14:35] and other types of activities. [2:14:36] Just to update you on the [2:14:39] existing park at civic we were [2:14:43] in the process of this this [2:14:43] project has taken a little bit [2:14:47] longer than anticipated. [2:14:48] One f the delays for this park [2:14:51] was just he getting a hold of [2:14:51] all the playground equipment. [2:14:55] So there's been delays in [2:14:56] getting that but now that we [2:14:57] have it we're working with the [2:14:59] contractor to schedule the work [2:15:00] and it's slated to happen in [2:15:03] the fall. [2:15:04] So and as it starts up there [2:15:06] will be about six weeks for [2:15:06] that project to happen. [2:15:10] >> so next on the list is sort [2:15:13] of our premier project for [2:15:16] metro as I offer these pictures [2:15:17] just so you can kind of take a [2:15:20] look at just the development, [2:15:21] it's really kind of cool to see [2:15:24] just everything coming [2:15:25] together. [2:15:29] You can imagine in how it sits [2:15:32] next to he concrete pond and [2:15:35] just the experience that's [2:15:36] going to create for the [2:15:39] community center in terms of [2:15:40] the pool you can see it they've [2:15:41] excavated the pool. [2:15:43] The next steps there will be to [2:15:47] add some additional utilities [2:15:48] and associated lighting and [2:15:49] other things at rebar it and [2:15:51] then the gunite which is [2:15:52] concrete that they spray on [2:15:55] will go on I'm told this month [2:15:56] I was talking to the contractor [2:15:59] and so later this month we'll [2:16:00] see concrete going there. [2:16:03] I know the push is really to [2:16:06] get all this done before the [2:16:07] the super el nino comes. [2:16:07] So we're I know that the [2:16:10] contractor s really concerned [2:16:11] about that and then of course [2:16:14] the next step will be vertical [2:16:14] construction. [2:16:18] We'll start seeing things come [2:16:18] together and I'll tell you that [2:16:19] we're really excited to see [2:16:22] that happen. [2:16:23] But just to update you and [2:16:25] overall the project is going [2:16:26] well. [2:16:26] We've ran into a few things [2:16:29] associated with the site [2:16:33] development but I think so far [2:16:34] given the magnitude of this [2:16:35] project is it's going quite [2:16:35] well. [2:16:38] So next on the list is all the [2:16:42] pedestrian bike friendly [2:16:42] development that's going out [2:16:43] there. [2:16:43] The first one here is a trail [2:16:46] crossing enhancements project. [2:16:47] If you drive around town you [2:16:50] can see all these the [2:16:51] improvements that are being [2:16:53] made at all of our trail [2:16:54] crossings and I definitely see [2:16:58] well it has definitely created [2:17:02] a safer environment for people [2:17:05] crossing at these intersections [2:17:06] before I think they were [2:17:09] probably under marked now [2:17:10] you'll see the signs lines and [2:17:13] legends and advance warning [2:17:14] when you come up on these [2:17:14] trials and it really has [2:17:17] improved safety for the [2:17:18] pedestrians and bicyclists [2:17:18] bicyclists that use this [2:17:22] infrastructure for the broadway [2:17:23] newer safer to school project [2:17:29] is in design and that [2:17:33] improvement is slated to happen [2:17:33] . [2:17:35] And I want to say and we see [2:17:40] here yeah the construction is [2:17:44] is slated to happen in late [2:17:48] 2728 so and that really is [2:17:49] going to improve the safety for [2:17:52] the school and the other users [2:17:53] that use that pathway too or [2:17:55] that area to come downtown [2:17:56] including the motorists that [2:17:59] use that area. [2:18:00] >> so design is underway for [2:18:03] the north broadway road diet. [2:18:04] This is that section between [2:18:08] civic and and why we are really [2:18:10] it's a wide really expansive [2:18:11] area when you're crossing you [2:18:15] feel kind of alone out there. [2:18:16] It takes a while to get across [2:18:18] that area so the improvements [2:18:19] and design are underway for [2:18:23] that project and that's also a [2:18:23] project that will probably [2:18:30] happen in 2028 ish but that [2:18:31] there's still a lot of design [2:18:32] work that needs to happen with [2:18:35] that project and the same thing [2:18:38] goes with the park side cycle [2:18:39] track project. [2:18:42] These projects are similar and [2:18:43] that they'll both receive some [2:18:46] type of cycle track and [2:18:49] essentially cycle track is [2:18:50] where they have a divider or [2:18:53] something between the icycle [2:18:54] us and the motorists and [2:18:58] sometimes they'll use a buffer [2:18:59] like park parking so that push [2:19:01] the parking away from the curb [2:19:02] out into the street and this [2:19:05] allows some security between [2:19:06] the motorists and and the [2:19:12] people driving so the next one [2:19:14] on the list here for bike [2:19:15] friendly and pedestrian [2:19:18] friendly infrastructure is the [2:19:21] oakland boulevard improvements [2:19:21] . [2:19:22] This is a section of boulevard [2:19:25] that from mount diablo oakland [2:19:26] boulevard from mount diablo to [2:19:29] trinity it's almost a connector [2:19:30] from all that condensed housing [2:19:33] there to the bart station. [2:19:37] This one's a tricky one. [2:19:38] We've received funding for it [2:19:40] but it's it's a tricky one just [2:19:41] because of the elevations are a [2:19:44] little bit steep from just the [2:19:48] way it was built are we it it's [2:19:54] going to require a lot of a lot [2:19:57] of engineering to put sidewalks [2:19:58] and other bicycle [2:19:59] infrastructure on this section [2:20:02] of street the next one and I [2:20:05] think we're all ware of this [2:20:09] poject is on street there [2:20:10] right now we're working with [2:20:13] the county just to make sure [2:20:14] that we're coordinating our [2:20:14] projects together. [2:20:17] This project is slated to [2:20:21] happen in late 7 so the [2:20:25] construction probably in in the [2:20:27] end of summer or early fall of [2:20:28] 27 and that'll be interesting [2:20:31] how that turns out. [2:20:32] But I know that there's a lot [2:20:34] of angst out there for that [2:20:35] project and the last one here [2:20:38] is the walker avenue san miguel [2:20:38] sidewalk. [2:20:39] This project is almost done if [2:20:42] you've driven through that area [2:20:42] it's essentially a you know, [2:20:46] return for ada and given the [2:20:50] number of condominiums and [2:20:51] other apartments in that area [2:20:54] there is a lot of pedestrian [2:20:55] traffic that come through there [2:20:55] and so this will really make [2:20:58] that corner, that section of [2:20:59] san miguel and walker really [2:21:00] safer. [2:21:04] >> edestrian traffic and last [2:21:08] but not least is the the sort [2:21:09] of phase three, if you will, of [2:21:12] the you know, the aquatics [2:21:16] project as you recall this [2:21:18] project are essentially the [2:21:22] plan is to remove this from the [2:21:23] site and so this we recently [2:21:28] took to pros in fact last night [2:21:30] we took this pro to pros last [2:21:31] night and offered two options [2:21:33] one and two and the pros [2:21:37] commission recommended option [2:21:41] two and sort of with the caveat [2:21:44] that they that we plan to use [2:21:45] the outreach information [2:21:48] collected by the general plan [2:21:49] as a foundation to guide the [2:21:52] process with the focus on [2:21:57] creating a mass the heather [2:21:57] farm master plan update with a [2:22:04] focus on really this clark and [2:22:07] you know kind of re-use of this [2:22:08] space here so if you look at [2:22:11] that blue line last time I was [2:22:12] up here there was a question in [2:22:13] terms of what that footprint [2:22:15] print looks like. [2:22:16] This is sort of following the [2:22:16] fence line. [2:22:19] So it's a pretty large space [2:22:23] that will be repurposing so [2:22:27] more to come on that as I as we [2:22:27] work through this the next [2:22:28] update I'll probably have more [2:22:32] information for you and that's [2:22:34] all I have is there any [2:22:39] questions toes in the water [2:22:41] 2027 toes in the water 27 I [2:22:44] have the sign on my on my desk [2:22:45] . [2:22:45] >> so DECEMBER 31st 2027 it's [2:22:46] midnight. [2:22:49] I know what 27 could you go [2:22:52] back one slide please? [2:22:55] >> maybe. [2:22:56] Although I appreciate that the [2:22:59] pros commission weighed in on [2:22:59] this. [2:22:59] Yes. [2:23:00] And of course they took the [2:23:00] most. [2:23:03] But I think what they did is [2:23:04] they took the broadest option [2:23:06] and narrowed it to focus on [2:23:11] this space here,not the whole [2:23:11] park. [2:23:12] Mike, did I interpret what you [2:23:14] said correctly? [2:23:17] >> so kind of the the they did [2:23:21] see the importance of doing an [2:23:22] update to the existing heather [2:23:23] farm master plan which was done [2:23:29] in 2003 and so I think the plan [2:23:30] would be to use that the [2:23:33] existing master plan and update [2:23:34] it. [2:23:34] There's a ew things that are [2:23:37] outdated obviously we have an [2:23:38] all abilities playground there [2:23:41] along with the dog park so that [2:23:44] aren't reflected in the other [2:23:45] the fields and all the other [2:23:45] things. [2:23:48] There's not much to update in [2:23:51] terms of the the the and the [2:23:52] other farm update that was done [2:23:55] in 2003 but they know which [2:23:56] fell through the park on the [2:23:58] third rail that yeah and then [2:24:01] the folks would be here so you [2:24:02] know just and my understanding [2:24:03] is that they also asked for [2:24:05] some additional information and [2:24:06] we MAY be going back in early [2:24:09] OCTOBER to discuss some of the [2:24:10] options with them and then [2:24:11] we'll bring it back to council [2:24:11] for further discussion and [2:24:14] ultimately decision about how [2:24:14] to proceed what's correct. [2:24:18] >> what were your estimation be [2:24:19] like if we're looking at option [2:24:22] if the pros commission if we [2:24:23] look t option one essentially [2:24:27] the time frame for making [2:24:29] decisions versus option two [2:24:29] time frame, it seems like an [2:24:30] option to that could be a [2:24:33] couple of years of discussions. [2:24:33] >> right. [2:24:34] And that was the pros [2:24:37] commission's concern. [2:24:38] And so the dea was not to wait [2:24:40] until the general plan was [2:24:40] complete. [2:24:41] We were just interested in [2:24:45] using some of the data used in [2:24:48] the outreach for the general [2:24:49] plan and aligning that data [2:24:53] with the or with a an [2:24:56] additional master plan of this [2:24:56] area. [2:25:00] So we were t was kind of a [2:25:01] combination and that would [2:25:04] expedite the you know, any kind [2:25:08] of delays in the process of [2:25:09] summarize a little little [2:25:12] differently in that they liked [2:25:16] the idea of option two but [2:25:17] wanted it done as quickly as [2:25:17] option one. [2:25:20] And so you got this you know, [2:25:20] so there might be an option [2:25:23] three coming back and at no I [2:25:24] was waiting for the we gave [2:25:26] them option one, we gave them [2:25:27] option two and they took option [2:25:28] three and that's exactly what [2:25:30] they did right. [2:25:33] Think thank you. [2:25:34] Yeah, you're welcome. [2:25:35] What one thing and I know this [2:25:37] isn't necessarily this forum [2:25:38] but as we go through these [2:25:39] projects I know that like just [2:25:42] this last weekend right at a [2:25:43] soccer game with our kids from [2:25:44] these new fields out in dublin [2:25:48] and everybody's like you know, [2:25:48] 30, 40 yards from the field [2:25:49] trying to find a little tree to [2:25:52] sit under because there's no [2:25:52] shade. [2:25:53] And it occurred to me that as [2:25:56] we build these projects like I [2:25:59] was looking at the one on civic [2:26:00] park and I'm thinking is there [2:26:02] time to put up like some shade [2:26:03] sails you know for the kids [2:26:06] over the playground is that I [2:26:07] know that maybe the ship sailed [2:26:10] on a funding but yeah I think [2:26:14] that's something we can look at [2:26:14] when that time comes. [2:26:17] Yeah because because I know [2:26:18] what a what a premium you know [2:26:21] that is especially like for the [2:26:21] kids. [2:26:24] >> yeah civic civic park has a [2:26:25] lot of tree shade around it so [2:26:29] it's there is a lot of shade [2:26:29] there but I see what you mean [2:26:32] especially which is you know [2:26:33] all abilities fields and things [2:26:36] I mean not the old buildings [2:26:36] but the synthetic turf fields. [2:26:40] Yeah those can get really warm [2:26:40] so yeah. [2:26:40] >> thanks. [2:26:41] Yeah. [2:26:43] I mean you spurred a thought [2:26:46] there that parking field that [2:26:47] we're not seemingly touching is [2:26:50] part of this phase three. [2:26:54] Is there an opportunity to do [2:26:57] kind of solar car shade [2:26:58] coverings to generate you know [2:27:01] we can cross pollinate in terms [2:27:02] of some of our priorities here [2:27:06] and make t a little less less [2:27:06] of a heat island? [2:27:07] >> yeah, I think those are all [2:27:09] things that we can look at when [2:27:13] that time comes. [2:27:14] >> okay. [2:27:14] Thanks, rich. [2:27:16] You're welcome. [2:27:18] And I'll turn the time over to [2:27:26] chief phipps. [2:27:30] Thank you, rich. [2:27:31] Good evening, mayor and city [2:27:31] council members ryan his chief [2:27:34] of police here to give an [2:27:34] update on the council priority [2:27:37] of public safety and social [2:27:41] wellness as a reminder the [2:27:42] goals here are to ensure a high [2:27:43] level of public safety by [2:27:43] building on efforts to support [2:27:45] an effective and innovative [2:27:45] police department. [2:27:46] A proactive response police [2:27:49] response to crime trends. [2:27:50] Joint agency responses to [2:27:50] homelessness and mental health [2:27:54] challenges to crime prevention [2:27:54] partnerships and partnerships [2:27:56] in neighborhoods or programs [2:27:57] and neighborhoods the downtown [2:28:00] and other commercial areas [2:28:01] impervious to traffic, transit, [2:28:02] pedestrian and bike safety and [2:28:05] community and egional disaster [2:28:06] preparation and resiliency to [2:28:06] meet the increasing challenges [2:28:09] of wildfires, earthquakes, [2:28:09] droughts, floods and other [2:28:12] hazards. [2:28:13] So the first strategic [2:28:13] objective is to maintain an [2:28:14] effective and innovative police [2:28:17] department and I spoken a lot [2:28:18] about the need to do a [2:28:20] technology audit to ensure that [2:28:21] we're not using overlapping [2:28:24] technologies and so the idea [2:28:25] here is to get not only more [2:28:28] fiscally lean but also to [2:28:29] become more efficient. [2:28:30] So I am pleased to report we [2:28:33] have submitted into an rfp [2:28:36] process for a new cat or mouse [2:28:36] . [2:28:37] We did field test a couple of [2:28:38] different vendors for that. [2:28:40] We have not yet received any [2:28:41] proposals yet so I don't know [2:28:44] if the ones that we evaluated [2:28:45] will be a part of this rfp [2:28:47] process but we're actively [2:28:51] underway here as far as patrol [2:28:52] technology we are evaluating [2:28:52] the addition of in-car cameras [2:28:55] to the patrol fleet. [2:28:55] Those are commonly referred to [2:28:56] as dash cameras but they're [2:28:58] actually not mounted to the [2:28:59] dash anymore. [2:29:00] They're mounted behind the or [2:29:00] in front I guess in front of [2:29:02] and between the windshield the [2:29:03] rearview mirror. [2:29:06] So so that system in addition [2:29:10] to a camera system that covers [2:29:11] the prisoner bay is under [2:29:13] evaluation. [2:29:14] I'm not sure if we're going to [2:29:15] end up purchasing those but it [2:29:17] is something we're actively [2:29:17] evaluating. [2:29:18] Social media engagement has [2:29:21] jumped since the last quarter. [2:29:22] It's it's up the instagram [2:29:24] followers have increased by [2:29:28] 7000 and then with the facebook [2:29:36] is always probably more [2:29:36] utilized broadly and we're now [2:29:39] up to 30 5000 followers for [2:29:40] that for that part of our [2:29:43] social media city wide camera [2:29:44] systems e're continuing to [2:29:46] evaluate management, manage [2:29:47] camera technology there. [2:29:50] And then with respect to our [2:29:51] license plate reader cameras, I [2:29:52] did make a comment I think at [2:29:54] the last meeting that we are [2:29:55] evaluating and actually [2:29:58] building a public acing portal [2:30:01] to outline not just the best [2:30:02] practices with respect to data [2:30:06] sharing from lpr cameras but [2:30:06] also who we share it with and [2:30:07] we plan on updating that [2:30:14] frequently with respect to [2:30:14] continuing proactive response [2:30:15] to crime trends and with the [2:30:18] community involvement we we are [2:30:18] continuing to host coffee with [2:30:21] the cop events. [2:30:24] The last one was on JUNE 16th [2:30:24] and a national night out was [2:30:25] well attended. [2:30:26] We'll get to that in just a [2:30:28] little bit. [2:30:28] Officers in addition to going [2:30:32] to national night out did also [2:30:32] attend a bunch of neighborhood [2:30:32] - [2:30:36] block parties which is that the [2:30:39] more traditional way that that [2:30:40] national night out is run but [2:30:43] we also found that we got a lot [2:30:44] of great engagement and [2:30:45] participation by by hosting [2:30:48] added broadway plaza so so that [2:30:54] will continue and of about 85 [2:30:55] or 90% done with one on one [2:30:57] meetings with all of our staff [2:30:58] and these are these are with [2:30:59] everyone these are with our [2:31:01] sworn police officers and with [2:31:05] our professional staff to try [2:31:05] another room to improve [2:31:08] communication in the department [2:31:09] of communication. [2:31:10] But also the goal is to develop [2:31:12] action items with the themes [2:31:16] that I co-lead from all of [2:31:17] those one on ones and with [2:31:18] respect to crime, intelligence [2:31:21] and analysis we've been with [2:31:22] peregrine now for a couple of [2:31:25] years and the the things that [2:31:28] this program can o we're [2:31:29] finding more and more every [2:31:29] day. [2:31:32] In fact currently working on a [2:31:33] new dashboard informational [2:31:35] dashboard for the council as [2:31:37] well as a post not a post but [2:31:44] sort of a change in how that [2:31:45] information is delivered. [2:31:45] So instead of excel [2:31:47] spreadsheets and numbers and [2:31:48] analysis you'll receive a [2:31:51] little bit more of a thorough [2:31:52] visual breakdown of of of what [2:31:55] you need to know. [2:31:56] And I would be remiss if I [2:31:59] didn't plug the next coffee [2:32:00] with the cop which is on [2:32:02] SEPTEMBER 8th at nordstrom at [2:32:05] 9:30 A.M. Where nordstrom the [2:32:09] coffee shop at nordstrom and [2:32:09] one downstairs that would make [2:32:12] it easy for people yeah [2:32:16] national night out this was we [2:32:16] we had a good attendance as [2:32:19] well but 400 people were in [2:32:20] attendance for for this [2:32:22] national night out we continue [2:32:23] to see good crowds every year [2:32:27] again it's it's it's very [2:32:30] beneficial to us that in such a [2:32:30] a welcoming venue such as [2:32:34] broadway plaza. [2:32:38] >> strategic objective number [2:32:39] three coordinate joint agency [2:32:39] response to homelessness and [2:32:42] mental health challenges. [2:32:42] hop continues to collaborate [2:32:43] with the city and with the [2:32:46] county and different resources [2:32:46] to to address people [2:32:50] experiencing homelessness. [2:32:51] I am pleased to report that [2:32:51] there aren't any established [2:32:54] encampments in city limits as I [2:32:55] think I did the last quarter as [2:33:01] well ith strategic objective [2:33:04] number four which is to develop [2:33:04] crime prevention partnership [2:33:05] and programs. [2:33:07] We continue business watch. [2:33:08] This was the brainchild of our [2:33:11] crime prevention specialist [2:33:11] cara ramon. [2:33:15] This initially started off as a [2:33:16] crime free business model which [2:33:19] is the more common way to to to [2:33:23] build something like business [2:33:24] watch. [2:33:24] >> but cara took that in and [2:33:25] ran with the concept. [2:33:27] So we've hosted a few meetings [2:33:27] to this point four events so [2:33:30] far this year they re [2:33:31] increasingly getting to be [2:33:34] better attended and the idea is [2:33:35] to have businesses commuting [2:33:36] communicating with each other [2:33:38] so that if you see something [2:33:39] say something but also to open [2:33:40] up lines of communication to [2:33:42] the police department with that [2:33:45] detectives our detective bureau [2:33:46] presented on fraud, robbery and [2:33:49] business related crime business [2:33:50] watch lunch and learn on the [2:33:52] 18th of AUGUST and then the [2:33:57] crime prevention specialist [2:33:57] completed three environmental [2:34:00] design evaluations of local [2:34:01] businesses and what that is [2:34:02] that's a service that we offer [2:34:04] where the crime prevention [2:34:05] specialist will go and make [2:34:08] environmental recommendations [2:34:08] to the business to increase [2:34:11] security and lower the chances [2:34:12] that they could become he [2:34:13] victim of a crime. [2:34:13] >> and the neighborhood watch [2:34:16] program we we we've restored [2:34:19] that up but it's starting to [2:34:20] grow a little bit. [2:34:20] But again, that's the the [2:34:23] revamp from our crime [2:34:26] prevention specialist with [2:34:29] strategic objective number five [2:34:30] to improve traffic transit [2:34:33] pedestrian and bicycle safety I [2:34:34] am pleased to report the [2:34:34] overall traffic collisions have [2:34:36] decreased 11% compared to this [2:34:37] point last year. [2:34:39] Duis we're seeing a lot more [2:34:40] dui arrests and that's probably [2:34:43] due to our officers comfort [2:34:44] level based on some of the [2:34:47] training that they've received. [2:34:48] They ypically when an officer [2:34:51] is is they go through the [2:34:52] police academy, they do receive [2:34:54] some level of training as to [2:34:55] alcohol and drug detection from [2:34:56] from drivers. [2:34:59] But until you go through a more [2:35:00] specialized class, sometimes [2:35:03] those things can can slip by. [2:35:03] So we did send a number of [2:35:06] officers to that training [2:35:07] several years ago or three [2:35:08] years ago now and now it's [2:35:10] starting to take hold with the [2:35:10] I mean we can't really use [2:35:13] covid as an excuse anymore but [2:35:14] we did hire a number of [2:35:15] officers through covid and [2:35:18] getting them used to going out [2:35:19] and making traffic stops and [2:35:21] educating the public again was [2:35:22] it was a bit trying. [2:35:25] So we're there now we're making [2:35:26] traffic stops route and [2:35:29] educating the public ut one of [2:35:30] the products of that is an [2:35:30] increase in dui arrests over [2:35:32] the nighttime and weekend hours [2:35:36] today or since SEPTEMBER of [2:35:37] last year we're at 118 arrests. [2:35:43] But I will note that in 2025 [2:35:45] year to date 2025 so JANUARY [2:35:46] 1st to SEPTEMBER 1st we had 49 [2:35:50] dui arrests and since then or [2:35:51] since JANUARY of this year, [2:35:53] year to date we have 89. [2:35:54] So it's quite a significant [2:35:58] increase in one that is a [2:36:01] little surprising kind of given [2:36:02] the ride share that are out [2:36:05] there and the opportunities for [2:36:06] folks to not drive impaired. [2:36:09] But now that we're now that [2:36:10] we're out there stopping them [2:36:11] there, they're being held [2:36:12] accountable if they're driving [2:36:16] impaired. [2:36:17] And I did MISS One thing for [2:36:20] pedestrians safety month we are [2:36:21] partnering with rossmore on a [2:36:21] presentation planned for [2:36:24] OCTOBER. [2:36:24] >> those are always well [2:36:27] attended for strategic [2:36:28] strategic objective number five [2:36:28] which is to improve traffic [2:36:31] transit pedestrian base, [2:36:31] bicycle safety. [2:36:32] We continue to work with public [2:36:38] works quarterly to discuss not [2:36:39] just engineering projects but [2:36:40] also community feedback and [2:36:43] evaluate roadway conditions and [2:36:43] to review crash details after [2:36:44] serious collisions. [2:36:45] So one thing that actually came [2:36:46] up in our chiefs advisory board [2:36:50] meeting was fairly minor [2:36:51] detail about a local parking [2:36:52] lot coming out onto a public [2:36:55] roadway that captain slater has [2:36:55] since started to work with [2:36:58] traffic engineering to see if [2:36:59] we can come up with a solution [2:37:02] for so well we'll take it from [2:37:02] anywhere we can get it. [2:37:03] Any suggestions or feedback? [2:37:06] We're certainly open to and we [2:37:07] want to improve our roadway [2:37:09] safety as much as possible on [2:37:13] e-bikes so we receive it pretty [2:37:17] regularly. [2:37:18] Complaints about reckless [2:37:18] e-bike riders and I know [2:37:19] council member dave any of this [2:37:23] is a passion project of yours [2:37:26] and so I am pleased to report [2:37:27] that we participated in a joint [2:37:30] e-bike education on AUGUST [2:37:31] 18th. [2:37:31] So nine agencies in total [2:37:35] participated and we were one of [2:37:36] them 45 officers and that's I [2:37:38] don't think they're all [2:37:39] pictured there but you see the [2:37:43] numbers there and this is not [2:37:43] just specific to walnut creek. [2:37:47] This is this is a growing issue [2:37:47] everywhere and obviously with [2:37:50] respect to e-bikes and and [2:37:51] motorcycles, we want to ensure [2:37:54] that people are safe. [2:37:55] We want to ensure that there [2:37:56] are license and we want to [2:37:58] ensure that the public around [2:37:58] them is safe. [2:38:01] So 194 contacts total made 56 [2:38:04] tickets were issued a 137 [2:38:05] warnings or education contacts [2:38:07] were made. [2:38:08] One was arrested for drug [2:38:09] possession which is always [2:38:13] surprising to me on an e-bike [2:38:13] and then we towed one for I [2:38:16] believe being unlicensed with [2:38:17] the next operation planned for [2:38:23] SEPTEMBER 17th with respect to [2:38:24] strategic objective number six [2:38:25] which is community and regional [2:38:27] disaster preparation we [2:38:28] provided we were provided with [2:38:35] updated training on when. [2:38:36] This was at one of our command [2:38:38] staff meetings a representative [2:38:40] from cw us came and made sure [2:38:43] that we were all signed up for [2:38:44] the alerts and we were but but [2:38:47] he also assured us that the [2:38:47] system is working properly. [2:38:48] there are times that sometimes [2:38:49] we don't feel like we're [2:38:51] getting all the alerts there. [2:38:52] They assure us that we are and [2:38:58] so we are now well informed. [2:38:59] >> now I'll open it up to [2:39:02] questions if any of you MAY [2:39:02] have some. [2:39:03] >> is is officer young feeling [2:39:06] the pressure of people that are [2:39:09] going to be on his tails for [2:39:09] the award next year? [2:39:13] >> I can't speak for him but he [2:39:13] should be which is a good [2:39:16] problem for us and the [2:39:17] community frankly I as just [2:39:21] curious on the cwc how is that [2:39:21] different from so because I [2:39:24] think I guess nixon alerts yes [2:39:27] so cwc is countywide it's the [2:39:30] county emergency system as [2:39:31] opposed to everbridge which is [2:39:31] one that we have within the [2:39:32] city as well. [2:39:35] So we make the call when it [2:39:36] goes out on next hold. [2:39:38] Correct the call on cwa? [2:39:38] >> correct. [2:39:39] So we MAY never hear from them. [2:39:42] We MAY not but if we make the [2:39:46] requests from them they will [2:39:46] make sure that t gets to the [2:39:47] right people. [2:39:47] Okay. [2:39:48] What's the I mean what is the [2:39:50] difference like a refinery [2:39:53] blows up coverage? [2:39:54] Yeah, well coverage between [2:39:55] that and everbridge coverage. [2:39:57] Okay. [2:39:58] >> thank you. [2:39:58] Right. [2:40:05] I think oh what is this we [2:40:06] frequently hear comments that [2:40:06] why aren't we just banning [2:40:10] e-bikes outright like down and [2:40:13] I kind know what is what's [2:40:17] really going on at the this [2:40:17] regional level so you have to [2:40:20] work regionally because people [2:40:21] are crossing borders faster [2:40:24] than they used to but well and [2:40:25] you know without giving away [2:40:28] too many trade secrets [2:40:31] sometimes a planned e-bike [2:40:31] enforcement operation is the [2:40:32] way to go. [2:40:35] >> the regionally this works [2:40:36] better because just to your [2:40:40] point, councilmember silva it [2:40:40] is it is people do kind of [2:40:41] crossover borders. [2:40:43] Te california the jurisdiction [2:40:44] isn't an issue it's it's the [2:40:47] personnel and making sure that [2:40:47] we have the personnel o catch [2:40:48] people on the other end if they [2:40:50] take off. [2:40:50] One thing we're not going to do [2:40:51] is if it's a danger to public [2:40:54] safety, if we were to continue [2:40:55] a pursuit of an e-bike rider or [2:40:57] an e motorcycle rider, we do [2:40:58] need to weigh that out. [2:40:58] And if it's just the violation [2:41:01] of the e-bike or the the [2:41:02] driving pattern of the e-bike [2:41:05] rider as opposed to maybe a [2:41:05] violent crime that they're [2:41:08] fleeing from, we have to weigh [2:41:09] that out when we're deciding [2:41:11] whether to to continue a [2:41:14] pursuit. [2:41:15] >> thank you. [2:41:19] I think yeah I see e-bikes [2:41:19] doing well. [2:41:20] >> leaves go all the way down [2:41:21] the street in front of my house [2:41:22] now. [2:41:23] >> yeah and you know that's [2:41:23] certainly unsafe and if we were [2:41:26] to catch that then we would [2:41:27] initiate a traffic stop on them [2:41:30] and write a citation. [2:41:31] >> two weeks ago after this [2:41:31] meeting I pulled out of the [2:41:34] parking lot was going south on [2:41:34] south broadway for north [2:41:37] broadway and there were two [2:41:38] coming at me from his side and [2:41:38] one coming at me from this. [2:41:41] They were clearly in the street [2:41:42] but I couldn't even figure out [2:41:43] what it was. [2:41:48] >> it was just I liked maybe [2:41:49] they had a light because you [2:41:51] were probably ahead of me. [2:41:52] >> oh and I do see legislation [2:41:53] coming down the pipeline [2:41:55] eventually to to regulate these [2:41:56] a little bit more closely. [2:41:59] But I won't comment on any [2:41:59] other city ordinance that [2:42:02] outright bans them but I don't [2:42:06] know if they're having any [2:42:07] success with that to be frank. [2:42:10] >> you know, since we're on the [2:42:10] topic just today I spoke with [2:42:13] our emergency medical care [2:42:14] committee which is a committee [2:42:18] at the county level and about [2:42:21] e-bikes and bike safety. [2:42:22] And so I hope that in the near [2:42:24] future they'll be stronger [2:42:28] county wide coordination and [2:42:29] we'll certainly bring that back [2:42:32] as soon as I hear more. [2:42:32] >> excellent. [2:42:36] Q thank you. [2:42:36] >> gibbs my pleasure. [2:42:37] I will now turn it back over to [2:42:38] joe for closing. [2:42:42] >> thank you for lunch. [2:42:42] All right. [2:42:46] Wll thank you o all of our [2:42:46] leads for presenting. [2:42:47] So tonight we discussed [2:42:50] priorities from 2025 and 2026 [2:42:50] calendar year. [2:42:53] Believe it or not, 2027 is [2:42:56] going to get here very quickly [2:42:56] . [2:42:57] >> so city council will soon be [2:42:58] identifying a new set of [2:43:01] priorities for those two [2:43:01] calendar years. [2:43:02] >> so I want to talk a little [2:43:05] bit about that. [2:43:06] So at the MAY 19th city council [2:43:08] meeting city council did [2:43:11] approve staff to go forward to [2:43:12] conduct outreach with the [2:43:16] community to help inform [2:43:16] development of the next two [2:43:20] calendar year priority cycle. [2:43:23] >> so since then staff has [2:43:24] developed a wo phased approach [2:43:28] to to engaging our community [2:43:31] with an overall theme of your [2:43:31] voice. [2:43:34] Our future and phase one was to [2:43:38] begin with a broad open ended [2:43:39] community question or an pen [2:43:42] ended listening to hear what [2:43:43] issues mattered to the [2:43:45] community over the next two [2:43:45] years. [2:43:46] And so that phase that first [2:43:49] phase did start this week. [2:43:50] >> we did launch a inhouse [2:43:53] designed open ended survey that [2:43:57] was launched and shared in the [2:43:58] nutshell which was delivered to [2:44:00] folks this week and is on our [2:44:04] city website and it asks the [2:44:05] question what would you like [2:44:07] the city to prioritize in 2027 [2:44:11] and 2028 suggest an open field [2:44:12] share with us what you're [2:44:15] thinking and that survey will [2:44:18] be open to the public until [2:44:18] SEPTEMBER 15th at 5 P.M. And [2:44:19] I'm just going to go ahead and [2:44:22] plug you can find it at walnut [2:44:25] creek see [2:44:26] a.Gov/council-priorities and we [2:44:28] will share a social media post [2:44:29] on that as well. [2:44:30] >> so the responses we received [2:44:33] to that open ended survey is [2:44:35] going to help inform the phase [2:44:36] two which is a more defined [2:44:40] community survey where we're [2:44:41] going to ask the public to to [2:44:44] rank or rioritize the themes [2:44:47] of most value to them. [2:44:48] Those themes will be of course [2:44:52] informed by this open community [2:44:52] listening section. [2:44:55] >> so we're currently [2:44:56] considering whether that phase [2:44:56] two survey will be done in [2:44:59] house more informally or if [2:45:00] we're going to go ahead and [2:45:00] pursue the support of a [2:45:02] consultant especially if we [2:45:06] find from our phase one that [2:45:07] there's a lot of complex a lot [2:45:09] of complexities to the issues [2:45:10] we receive and then we'll go [2:45:11] ahead and provide to city [2:45:14] council the the results of that [2:45:17] survey to help inform as the [2:45:21] next priorities are developed [2:45:22] and that is all I have for [2:45:22] tonight. [2:45:26] Any questions about the survey [2:45:29] or engagement? [2:45:29] Okay. [2:45:30] Ask a question. [2:45:33] Could you send us the link to [2:45:33] that survey o that we can find [2:45:36] it and have it handy on our [2:45:36] device? [2:45:37] >> absolutely. [2:45:37] Thank you. [2:45:38] Will that be promoted on social [2:45:40] media? [2:45:41] >> yes, we will do that this [2:45:42] week. [2:45:42] Great. [2:45:42] All right. [2:45:44] Thank you. [2:45:45] >> all right. [2:45:46] Thanks, joe and thanks. [2:45:46] Thanks team. [2:45:47] Nice job. [2:45:48] >> yeah. [2:45:48] All right. [2:45:55] Which brings us to our final [2:45:58] item the public hearing. [2:45:59] So this is a consideration of [2:46:00] considering a waiver of the [2:46:03] reading and introduction of an [2:46:03] ordinance amending the city of [2:46:04] walnut creek councilmember [2:46:06] compensation to a $600 per [2:46:06] month. [2:46:09] And I invite human resources [2:46:10] director tricia raber forward [2:46:24] to provide the presentation. [2:46:28] >> good evening mayor. [2:46:29] Welcome. [2:46:29] Council members trish raver [2:46:30] human resources director I'm [2:46:33] here this evening to rovide a [2:46:34] brief presentation on council [2:46:38] compensation. [2:46:39] The agenda this evening [2:46:43] includes the history of council [2:46:43] compensation applicable [2:46:46] legislation inclusive of [2:46:49] government code section 36516 [2:46:53] and senate bill 329 as well as [2:46:54] compensation options for [2:46:58] council consideration [2:47:03] government code section 36516 [2:47:03] provides for general law cities [2:47:06] such as the city of walnut [2:47:07] creek to establish and adjust [2:47:10] compensation by ordinance. [2:47:11] There are two primary ways in [2:47:13] which council compensation can [2:47:14] be adjusted according to that [2:47:17] government code section either [2:47:18] based on the city's population [2:47:22] size according to a schedule or [2:47:23] by adjusting based on a modest [2:47:25] inflation calculator. [2:47:30] >> this table provides the [2:47:30] history of council compensation [2:47:32] over the past 50 years during [2:47:34] which time only five [2:47:35] adjustments have taken place [2:47:38] the current compensation of [2:47:40] $650 per month was adopted [2:47:43] almost 25 years ago in 002. [2:47:44] I also want to note that [2:47:47] council members are eligible [2:47:48] for participation in the city's [2:47:51] retirement and health plans and [2:47:52] MAY be reimbursed for [2:47:54] technology and travel expenses [2:47:58] in JANUARY of 2020 for [2:47:59] legislation surrounding [2:48:02] compensation council [2:48:02] compensation was adopted to [2:48:06] acknowledge that compensation [2:48:07] and had not kept pace with [2:48:07] inflation. [2:48:10] as a result the population base [2:48:11] salary rates for increased in [2:48:13] an additional method as added [2:48:14] to adjust compensation ased on [2:48:18] inflation based on the [2:48:19] population based salary rate. [2:48:22] The city of walnut creek at a [2:48:24] population of 70,127 would all [2:48:27] within the population tier [2:48:30] between 50 and 75,000 at $600 [2:48:34] per month. [2:48:35] >> this chart provides the [2:48:38] compensation here to council [2:48:39] members in all general law [2:48:42] cities and contra costa county [2:48:42] except the three charter cities [2:48:46] of el cerrito, richmond and san [2:48:47] ramone who are not subject to [2:48:49] these laws. [2:48:50] The chart provides the [2:48:50] population of the city the [2:48:54] population based monthly salary [2:48:57] according to sb 329 and the [2:48:58] current compensation received [2:49:01] as of DECEMBER 2026. [2:49:05] As you can see the majority of [2:49:06] city council compensation at [2:49:09] the population based salary [2:49:11] rate established by sb 329 [2:49:12] however, the cities of [2:49:15] lafayette orinda and moraga do [2:49:16] not provide compensation to [2:49:19] their council members. [2:49:23] >> I have to note that sb 329 [2:49:26] updated the maximum population [2:49:27] base salary amounts to address [2:49:30] in part the current economic [2:49:31] environment the time commitment [2:49:34] required by elected officials [2:49:35] and potential barriers to [2:49:38] public service council members [2:49:42] area council members contribute [2:49:43] countless hours of time and [2:49:46] devote a significant amount of [2:49:46] effort and energy serving as [2:49:50] their role and council member [2:49:50] to a community. [2:49:53] >> no increase is taking place [2:49:53] in nearly 25 years and [2:49:57] compensation has not kept up [2:50:00] with the evolution of the role [2:50:03] per government code section [2:50:04] 36516 any change in [2:50:06] compensation would be processed [2:50:07] active and does not apply to a [2:50:10] council members current term of [2:50:11] office. [2:50:11] However, when one or more [2:50:15] council members begins a new [2:50:15] term of office and becomes [2:50:18] eligible for a salary, all [2:50:19] members of the council will [2:50:20] receive the same adjusted [2:50:23] salary general law cities who [2:50:23] choose not to adopt an [2:50:26] ordinance relative to council [2:50:27] compensation MAY submit the [2:50:30] question to electors at a [2:50:33] municipal election. [2:50:37] In summary, the compensation [2:50:38] provided to california cities [2:50:44] under sb 329 at a 50 to 75,000 [2:50:44] population level is 1600 [2:50:48] dollars per month. [2:50:48] An ordinance has been drafted [2:50:52] for introduction increases the [2:50:55] council compensation from $650 [2:50:58] to $1600 per month resulting in [2:51:02] an increase of $950 per month. [2:51:03] If this resolution is adopted, [2:51:06] the salary rate for all council [2:51:07] members would become effective [2:51:07] DECEMBER 1st with the new [2:51:10] council's term of office in [2:51:13] DECEMBER of 2026. [2:51:18] >> the council options are as [2:51:18] follows. [2:51:19] Introduce the draft ordinance [2:51:22] tonight increase the salary [2:51:25] from 650 to $600 per month [2:51:27] effective DECEMBER 1st, 2020 [2:51:28] six modify the draft ordinance [2:51:32] and adjust the salary to a [2:51:32] different amount under $600 a [2:51:36] month for introduction at a [2:51:36] future meeting. [2:51:37] Modify the draft ordinance to [2:51:40] effective date further in the [2:51:41] future for introduction at a [2:51:43] future meeting not introduce [2:51:44] the draft ordinance and retain [2:51:47] the existing rate of $650 per [2:51:47] month. [2:51:51] Submit to the electors at a [2:51:51] municipal election a question [2:51:54] of whether council should [2:51:55] receive a salary for services [2:51:58] and that amount or provide [2:51:59] alternate alternative direction [2:52:03] staff so finally the staff [2:52:07] recommendation is to move to [2:52:08] introduce and waive a reading [2:52:11] of an ordinance amending the [2:52:11] compensation for the city of [2:52:14] walnut creek council members [2:52:17] from $650 per month to $600 per [2:52:18] month to be effective on [2:52:20] DECEMBER 1st, 2026. [2:52:24] I don't have a question side of [2:52:25] but I'm happy to answer any [2:52:28] questions you MAY fresh I also [2:52:29] question I had a question of [2:52:32] what has the cost of living [2:52:36] escalated from or what is it [2:52:37] been from the last time there [2:52:40] was an increase in 2002 which [2:52:43] presented it doesn't do till [2:52:43] now. [2:52:44] >> what does that cost of [2:52:45] living increase mean? [2:52:48] Well the cost of living [2:52:52] increase changes annually so [2:52:52] the ballpark or ballpark I [2:52:55] would say what I'll say what [2:52:59] this legislation allows for s [2:53:00] 5% per year. [2:53:03] So let's just say for the last [2:53:03] 22 years that'd be 120%. [2:53:09] So if it was 5% per year yeah [2:53:10] yeah. [2:53:11] >> which would equate to it [2:53:13] would be it would take it from [2:53:17] to $780 plus the $650 so it [2:53:23] would be $1,430 versus he 6050 [2:53:27] that so it's less than that if [2:53:28] it's not compounded correct. [2:53:30] That's how the legislation when [2:53:31] calculate but if you look at it [2:53:34] from an annual basis which is [2:53:35] how cpi is actually calculated [2:53:38] because it compounds year to [2:53:39] year I believe it puts it close [2:53:41] to 20 100 hours, correct. [2:53:42] So had it so had it increased [2:53:45] every year just like salary [2:53:46] increases and contracts and all [2:53:50] that it would be about $2,100 a [2:53:53] month right now and everybody's [2:53:54] been at the same 650 a month [2:53:57] for the last 24 years. [2:53:58] >> correct. [2:53:58] And that's what we do with [2:54:01] every ther salary within the [2:54:02] city is look at it from a [2:54:02] compounded perspective. [2:54:04] Okay. [2:54:05] Thank you. [2:54:08] The questions and the [2:54:09] questions. [2:54:09] Okay. [2:54:12] Public comment I if I guess [2:54:15] there's nobody here in the [2:54:16] chamber, is anybody online? [2:54:16] >> okay. [2:54:20] All right. [2:54:20] And then then public comment [2:54:23] and if we have any of if you [2:54:24] have any comments here and and [2:54:27] actually I'll make I'll make [2:54:28] the first comments anybody can [2:54:28] add on if you would like [2:54:31] obviously we have a couple of [2:54:31] council members here that will [2:54:35] not be here taking advantage of [2:54:38] this afterwards so I think [2:54:40] actually and what I found in [2:54:41] the last ten years of me being [2:54:44] on city council people are [2:54:45] shocked at how little we [2:54:48] actually make on council that [2:54:48] there is just this mall [2:54:52] stipend for council and that is [2:54:52] really a salary. [2:54:53] I don't think it's meant to be [2:54:56] a salary but I did do a [2:54:56] calculation of general costs [2:54:57] and people have asked me what [2:55:00] is it this member make or what [2:55:00] kind of time do you put into it [2:55:03] and of course is varies among [2:55:04] different council members. [2:55:05] We've worked with council [2:55:07] members that have put the [2:55:08] minimum effort in and we work [2:55:11] with council members to ut the [2:55:14] maximum amount of effort in [2:55:15] accounts for. [2:55:16] S I'll just based upon myself [2:55:18] and then people can determine [2:55:19] about that. [2:55:19] But so for council meeting [2:55:22] weeks like this week or a [2:55:23] couple of weeks that we have [2:55:26] during the month, I find that [2:55:26] with the meetings that I have [2:55:29] the preparation, the committee [2:55:33] assignments and multiple of the [2:55:34] things that are going on it [2:55:36] works out to about 25 or 30 [2:55:37] hours a week for me a non [2:55:39] council meeting weeks tend to [2:55:40] be more like 15 to 20 hours a [2:55:43] week and weeks vary but that's [2:55:43] what it is about. [2:55:44] So calculating that over a [2:55:47] month is about 80 to 100 hours [2:55:52] and are given divide 650 that a [2:55:55] $650 comes out to about $6.50 [2:55:56] to $8 an hour for the time that [2:55:59] I am spending on council again [2:56:00] that MAY vary now we can [2:56:02] probably add another 5 to 10 [2:56:03] hours a week for mayors who [2:56:03] have additional obligations [2:56:06] every week we are in the first [2:56:09] time I was mayor I was shocked [2:56:10] at how many things I was [2:56:11] invited to that I never even [2:56:13] heard about because it's the [2:56:14] mayors were invited to things [2:56:15] and that was during covid this [2:56:17] year been far more so that just [2:56:20] adds to it. [2:56:22] >> so that's just on what we [2:56:25] are doing here in our normal [2:56:25] responsibilities but we also [2:56:29] get invited to the 10 to 12 [2:56:29] gala and major fundraisers for [2:56:33] nonprofit causes every single [2:56:33] year each one of the costs of [2:56:36] the ticket between 200 to $500 [2:56:41] per ticket we pay for those out [2:56:42] of our own pocket if we get two [2:56:43] tickets to include the spouse [2:56:44] that's 4 to $5000 for just the [2:56:47] tickets and there are as we [2:56:48] know usually additional [2:56:51] fundraising requests during [2:56:53] those events which can be 250 [2:56:54] to $500 on average. [2:56:58] I mean obviously you can even [2:56:58] budget more as well but that [2:57:00] means that the gallo's alone [2:57:01] costs about $10,000 per year [2:57:04] for council members who often [2:57:05] do feel an obligation to go to [2:57:06] these not these worthwhile [2:57:08] nonprofit causes. [2:57:09] But the council are always [2:57:10] invited and we always make sure [2:57:12] that we that we have presence [2:57:16] at many of hem and o at $650 [2:57:19] a month or $7,800 a year that [2:57:20] doesn't even cover the [2:57:23] fundraisers and then add in the [2:57:24] 80 plus hours of the month. [2:57:27] So when I look at all of that [2:57:28] and I look at who we want to be [2:57:30] able to serve my council, we [2:57:30] want a diversity of of [2:57:34] everybody young, old, [2:57:38] different, different people in [2:57:38] different demographic or socio [2:57:42] economic arenas. [2:57:43] People want to serve on city [2:57:44] council for a variety of [2:57:46] reasons but none of them are [2:57:46] financial. [2:57:47] I can promise you none of them [2:57:47] are financial. [2:57:50] Nobody's getting rich being on [2:57:51] city council but council [2:57:53] members shouldn't ave to ose [2:57:54] money or be in the red every [2:57:57] single month for serving either [2:57:57] . [2:57:58] It'll never be a full paying [2:58:01] job being on the council there [2:58:02] can be somewhat of an increase [2:58:05] in state and I feel which may [2:58:06] allow for younger or more [2:58:06] diversity on the council where [2:58:09] this can be a little bit more [2:58:10] help f a supplemental income [2:58:12] to allow for them to [2:58:13] participate in public service. [2:58:17] S for ll that those reasons I [2:58:20] do feel that it makes sense for [2:58:25] the next council and and moving [2:58:28] forward to increase the stipend [2:58:29] for council members. [2:58:33] >> is that your motion and I [2:58:34] will make it for me on this [2:58:37] borough first of all is anybody [2:58:37] else have any further comments [2:58:39] they would like to make on that [2:58:40] ? [2:58:43] >> okay, let me go you know [2:58:44] I've been on planning [2:58:45] commission for ten years and my [2:58:48] kids were right at the cusp of [2:58:51] needing somebody there at night [2:58:52] and I decided I would just go [2:58:54] to planning commission and I [2:58:55] just had the phone right there [2:58:56] and if it started going off I [2:59:02] would have to be it not having [2:59:03] enough money to cover daycare [2:59:03] is a big barrier for parents [2:59:06] with school age kids. [2:59:10] It keeps us older than you know [2:59:14] and I want to want to make [2:59:15] sure that we find a way to [2:59:18] encourage younger people to [2:59:18] begin participating and be [2:59:22] interested in running the [2:59:22] council. [2:59:23] And so I I'm supportive of [2:59:23] this. [2:59:26] I, I personally have a view of [2:59:27] my husband that I keep track of [2:59:30] what I spend and I always tell [2:59:31] him everything but I will not [2:59:35] go into debt to be okay. [2:59:37] >> don't tell him I probably do [2:59:41] so much now he's in bed in the [2:59:41] in the bed ever again. [2:59:44] >> yeah I agree with everything [2:59:45] that has been said in terms of [2:59:46] the hours commitments the [2:59:48] nonprofits I think as it's been [2:59:49] 25 years since it's been [2:59:53] updated and I think the chart [2:59:53] basically showed among [2:59:57] comparable cities we are way [3:00:00] down we're not keeping pace [3:00:01] with inflation and and so when [3:00:05] the time as appropriate I'll [3:00:06] either make a motion or [3:00:09] seconded and actually tricia [3:00:09] you go back to that comparative [3:00:12] slide if I can so while she's [3:00:13] doing that I could make a [3:00:16] couple of comments starting one [3:00:20] to do the math as to what their [3:00:22] differential is over after 20 [3:00:23] years on the kelso and there [3:00:26] was an actual period of about [3:00:27] eight years in which I was [3:00:27] making less than 650 during the [3:00:31] recession and we didn't it [3:00:31] back. [3:00:33] I think the other reason why [3:00:34] this is important is it's not [3:00:37] just because of families and [3:00:38] you know, children at night [3:00:41] there are jobs when if you [3:00:42] leave the job, if you're a [3:00:43] teacher you have to pay for [3:00:45] your substitute and we have [3:00:46] daytime requirements that we [3:00:49] have to we have a burden that [3:00:50] we if we work we have to take [3:00:53] time off and that is also not [3:00:56] accounted for here. [3:00:57] And when I was considering [3:01:00] running for city council in [3:01:01] 2006 I asked for council [3:01:04] members what's the time [3:01:08] commitment and the answer and [3:01:09] it was separate but each of [3:01:09] them said 20 hours a week. [3:01:12] And lastly your mayor is 40 [3:01:13] hours a week. [3:01:16] You're underestimating what it [3:01:17] takes to be mayor. [3:01:17] Yeah, probably right but yeah [3:01:20] and so you know that all adds [3:01:23] up and it is interesting to [3:01:26] open the publicly available pay [3:01:27] scale for the entire city and [3:01:28] notice that we're on the last [3:01:34] page I guess the lowest paid [3:01:38] work we are right? [3:01:39] And I think again if you look [3:01:41] at this compared to the other [3:01:45] cities, the ones that we are in [3:01:45] the same population I think [3:01:46] people feel that walnut creek [3:01:49] in general they live in a [3:01:50] terrific city. [3:01:54] We do the best that we can, we [3:01:55] believe of the city first and [3:01:55] four of us there and I know [3:01:57] that the headline states where [3:01:58] the percentage increases but I [3:02:01] think that you ave to look at [3:02:02] the percentages do not tell a [3:02:04] true story and especially I [3:02:04] think in this instance it [3:02:05] wouldn't do either. [3:02:08] It's it's an increase that [3:02:09] would take us still below where [3:02:11] it would be if it was if it had [3:02:14] been indexed properly from the [3:02:15] last time it was increased. [3:02:22] So okay post my opportunity to [3:02:23] say I agree with everything [3:02:24] that's been said as the newest [3:02:26] member of the council that was [3:02:27] actually a bit of a surprise to [3:02:30] me was all the money that I was [3:02:33] spending going to events. [3:02:34] You left out meeting people for [3:02:37] lunch, you know the coffee? [3:02:37] Yeah. [3:02:38] Tere are a lot of commitments [3:02:42] outside of what is probably [3:02:45] perceived we're doing that our [3:02:49] that that costs oney and so I [3:02:50] don't think like you said [3:02:53] anybody with this increase is [3:02:53] going to go into this job for [3:02:54] the money. [3:02:56] But I do think that the meaning [3:03:00] behind the legislation is good [3:03:00] not not just to lower the [3:03:04] barrier to access but to you [3:03:07] know, try to at least somewhat [3:03:08] keep up with the cost of living [3:03:09] for as small as it is. [3:03:12] So I, I also agree with all [3:03:16] that been said on to be on the [3:03:16] record for that and if you [3:03:19] could put up that slide again [3:03:26] trish people not the one with [3:03:27] the options I feel like this is [3:03:29] the one you are looking for. [3:03:30] >> yeah I will move to [3:03:33] introduce and waive the reading [3:03:34] of the ordinance amending [3:03:35] compensation for city of walnut [3:03:37] creek council members from 650 [3:03:40] per month to 600 per month to [3:03:45] be effective on DECEMBER first [3:03:46] and I will second that as the [3:03:46] other member who voted to have [3:03:52] no benefit of ncluding zero [3:03:53] yes. [3:03:53] >> yes. [3:03:57] Including there they were out [3:03:59] in council just because the [3:04:00] increase does not take effect [3:04:03] until the council members are [3:04:03] seated. [3:04:04] We've made the ordinance that [3:04:07] the increase effective DECEMBER [3:04:08] 2nd, not DECEMBER 1st because [3:04:11] you're seated on the first [3:04:16] susie could call the roll these [3:04:19] members our friends all right I [3:04:20] darling I never did any I know [3:04:22] I and think that we've done [3:04:26] something for the future of [3:04:31] walnut creek and to help people [3:04:32] to run were they might not have [3:04:32] been able to before by a group [3:04:34] and totally agree my [3:04:34] recommendation would be you [3:04:36] know that we stay on top of it [3:04:37] maybe every four years in terms [3:04:40] of the inflation or you do [3:04:40] going forward. [3:04:41] Thank you. [3:04:43] And with that I believe we