City Council, GPAC & Planning Commission Meeting Page 1 of 14 January 10, 2022 7 City of Lafayette
Minutes
City Council Meeting
General Plan Advisory Committee and Planning Commission Teleconference Meeting – Watch on the City of Lafayette’s YouTube Channel at January 10, 2022 http://bit.ly/LoveLafayetteYouTube Submit public comments to [email protected] 6:30 p.m. before or during the meeting.
To protect public health, our residents, officials, and staff, and aligned with the Governor’s recent executive order N-29-20, certain teleconference requirements of the Brown Act have been suspended, including the requirement to provide a physical location for members of the public to participate in the meeting. Here is how to participate in the meeting and provide public comment:
1) Watch or Listen: Meetings are broadcast on the City of Lafayette’s YouTube Channel:
http://bit.ly/LoveLafayetteYouTube. An archived, on-demand video of each meeting is maintained on the channel as part of the public record.
2) Submit Comments Before the Meeting: Members of the public can provide public comment by sending an e-mail to [email protected] (for City Council meetings). Those e-mails will be distributed to the members of the City Council, the City Manager, and the City Attorney, and will be posted as part of the public record.
3) Live Remote Public Comments: Members of the public may submit live public comment via Zoom conferencing. You must download the Zoom app or software. Zoom meetings can be accessed by telephone, computer, or smart device. When the Mayor invites public comment for the item on which you would like to comment, please use the "raise hand" feature (or press *9 if connecting via telephone only) to alert staff you have a public comment to provide. Each speaker is allowed three (3) minutes to speak.
Any graphic a speaker wishes to use as part of public comment must be emailed to [email protected] for City Council meetings by 3:00 p.m. the day of the meeting. Zoom Webinar joining instructions will be posted on the meeting agenda prior to the start of the scheduled meeting. 4) Join the Meeting Remotely: Use the links below to join the meeting and provide remote live audio public comment.
https://us02web.zoom.us/j/82502327366?pwd=ckZnMDFzRTBIOUx6SlpLZFpXYjN5UT09 Passcode: 634175 or join by phone: Dial 1 669 900 9128; Webinar ID: 825 0232 7366 Passcode: 634175
City Council, GPAC & Planning Commission Meeting Page 2 of 14 January 10, 2022
1. CALL TO ORDER
Mayor Gerringer called the Regular City Council meeting to order at 6:00 p.m. via teleconference.
2. ROLL CALL
Present: City Council: Mayor Gerringer; Vice Mayor Anduri; Councilmembers Candell, Dawson and Kwok
Absent: None
Present: GPAC Members: Jim Cervantes, Matt Pease, Christine Lee, Beth Needel, Kristine Rasmussen, Carol Singer
Present: Planning Commission: Chair Anna Radonich, Stephen LabBonge, Farschad Farzan, Gary Huisingh, Karen Maggio, Greg Mason
Present: Public Art Committee: Chair Yukie Fujimoto, Committee Member David Dondero.
Staff Present: Niroop Srivatsa, City Manager; Greg Wolff, Planning and Building Director; Renata Robles, Associate Planner; Jenny Rosen, Public Art Committee Staff Liaison; Tracy Robinson, Administrative Services Director; Jennifer Wakeman, Assistant Administrative Services Director; Thomas Myers, Economic Development Manager; Suzanne Iarla, Communications Analyst; Diana Elrod, City Housing Consultant; Mala Subramanian, City Attorney; Joanne Robbins, City Clerk
3. ADOPTION OF AGENDA
ACTION: It was M/S/C (Candell/Dawson) to adopt the agenda. Roll Call Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson, and Kwok; Noes: None).
4. PUBLIC COMMENTS (for items not on the agenda)
JOE DOUGHERTY asked that the City also ensure it engages with Campolindo High School with the Housing Element Workshops as opposed to limiting interaction with just Acalanes High School.
LYNN CASS expressed concerns with the water main break on Old Tunnel Road over the holidays and questioned whether this could occur again in the future.
CAROL SINGER echoed Mr. Dougherty’s comments and stated announcement of the workshops was made by the City’s Recreation Department and she confirmed there had been no mention of Campolindo High School.
Staff briefly responded to speakers’ comments and requests.
5. Special Joint Session 6:00pm to 7:00pm
City Council, GPAC & Planning Commission Meeting Page 3 of 14 January 10, 2022 City Council, General Plan Advisory Committee and Planning Commission Sarah Allen, Assistant Planning Director
Update on the Housing Element/GPAC Progress and Upcoming Activities; Information Session on the Affirmatively Furthering Fair Housing (AFFH) requirements for the Housing Element.
Recommendation: Receive and file.
Planning Commission Chair Anna Radonich introduced Planning Commissioners in attendance as Vice Chair Stephen LaBonge and Commissioners Farschad Farzan, Gary Huisingh, Karen Maggio, Greg Mason.
GPAC Chair Jim Cervantes introduced GPAC members in attendance as Matt Pease, Christine Lee, Beth Needel, Kristine Rasmussen and Carol Singer.
Chair Cervantes gave an update on the Housing Element/GPAC process, including expected timelines for when the Planning Commission and City Council will be reviewing the Plan..
Councilmember Candell questioned the timing of the mid-May release of the Draft Housing Element and the timing of the FEIR, and also questioned when the Mission Statement will be coming before the Council.
Chair Cervantes stated they have the Draft EIR is scheduled to be out later in February so there will be something to discuss and review. He questioned if it was possible to push the June 1st timing to July 1st, keeping in mind that it shrinks the timeframe of the back and forth, and said the Mission Statement will be brought to the next Council meeting.
Vice Mayor Anduri questioned whose deadline is the June 1st deadline and he asked when would the City receive and review the DEIR. He understands that GPAC will do work on the sites inventory in February and his understanding was that the DEIR is vital to those decisions.
Ms. Elrod said the State has three months to review a draft Housing Element so the City must get it to them, provide the State with 90 days to review it, and by September they must go through the entire process of public review again, make revisions and meet the deadline of January 2023 when it must be submitted to HCD. She clarified that the environmental review is looking at housing being developed in the areas the Council approved for review so they will not necessarily be sites outside of those areas.
Therefore, the environmental review will be helpful to understand the level of development as outlined by the Council previously and any conclusions or solutions to where those sites will be can be taken care of within the EIR modeling.
Mr. Wolff clarified that staff can publish the DEIR in February so it would align with GPAC’s work on the opportunity sites. He noted the EIR will also not include a site-by site review of land, but rather the total expected housing yield within these planning areas.
Ms. Elrod then gave a PowerPoint presentation on the Affirmatively Furthering Fair Housing (AFFH) requirements for the Housing Element. She described new requirements for the Housing Element in furthering fair housing, AB 686, key take-aways, resources and next steps.
Councilmember Kwok referred to targeted community outreach and thanked staff for reaching out to communities that are not currently represented in Lafayette and asked if staff would be doing this work.
City Council, GPAC & Planning Commission Meeting Page 4 of 14 January 10, 2022 Ms. Elrod said staff has completed preliminary work thus far in creating a list of what they want to do and a timeline, but it is a combination of staff, herself, the CCC Collaborative which is the MIG group, and other jurisdictions working together to get the information and share best practices. Ms. Robles added that GPAC has also formed a subcommittee to aid in outreach and engagement.
Matt Pease asked if AB 686 obligates the City to reach outside of the Lafayette community to groups that might want to be here but are not living in the City today. Ms. Elrod said this is not statutorily required but it is a recommended best practice. To the extent they can do that such as using either groups that are proxies for people who would like to live here, they can do that; however, HCD does not expect them to send letters to everyone in a city asking if they would like to live in Lafayette, but rather HCD is looking for some stories that might be useful.
Councilmember Candell referred to ADUs and asked if these will be able to be included in their AFFH analysis and asked if they will be able to also count the DEIB Task Force and community DEIB efforts in all of this. Ms. Elrod said yes, and they may be able to count more than just moderate income. She noted; however, requirements specific to Housing Element law are more detailed than what the DEIB group is doing. If there are items the DEIB comes up with that pertains to land use decision-making or housing issues this can be included but they must make a connection from a fair housing problem to a specific action to address it.
Councilmember Candell said in identifying discrimination in housing, she asked if these are analyzed even if a complaint is not filed. Ms. Elrod said yes, teasing out information is expected through the community engagement process, such as identifying some of the protected classes and questioning whether they have been discriminated against or even having them coming to a meeting to share personal stories. Even Homeowner Associations still have racially defined Covenants, Conditions and Restrictions (CC&Rs) and while not legally enforceable, they may discourage people from wanting to purchase a property.
Commissioner Maggio said the Commission received the documents from GPAC last week at their meeting and it is very clear in those documents that funding sources for building affordable housing is really lacking. Other than concessions and waivers, she asked what is the group looking for as far as policies and funding sources to entice developers to build affordable housing.
Ms. Elrod cited creating specific priorities on use of funding if the City were to receive outside funds to deposit into a Housing Trust Fund as one idea. One of the things that has not happened with the City’s existing inclusionary housing program is creating an in-lieu fee for certain kinds of projects from developers which could be put into a fund could also be captured. But in reality, these will be small amounts of money and they will never be of the size to help develop a project, and she talked about the multiple funding rounds that went into the Belle Terre project. In the end, the City put in over $3 million for a project that had on the order of 12 different funding sources.
Mr. Cervantes pointed out that the exiting the housing fund has $1.6 million in it, less than the RDA would have received in housing set-aside if it still existed. There are things GPAC discussed as ways to augment the fund that would be part of the Housing Element which the Planning Commission can look at.
City Council, GPAC & Planning Commission Meeting Page 5 of 14 January 10, 2022 Commissioner Farzan asked if they need to go outside of Lafayette to obtain the information needed to do the analysis. Regarding cities needing to go through several revisions, he asked and confirmed that some of these cities are comparable to Lafayette.
Ms. Elrod said the County will conduct AFFH data work which will tell Lafayette more definitively if the expectation is that they still go outside of Lafayette to get information.
Commissioner Farzan asked if communities where best practices are being drawn from like Lafayette or not. Ms. Elrod said smaller cities might be useful, but Veronica Tam who is on the C4 Committee group does a lot of southern California work and was involved with many of the AFFH requirements there. They are supposed to meet with her and go over some concerns and they will ask specifically about whether there are any AFFHs out which are like Lafayette.
Carol Singer said she would like to speak to Councilmember Kwok’s question on who will conduct the outreach, noting that she is one of the members of the Outreach Committee and they are wrestling with who will reach out to the 67 stakeholders. She asked if Ms. Elrod and staff will meet with their Committee and specifically let them know.
Ms. Elrod said they are currently trying to figure out a strategy in terms of timing, determine who is doing specifically what, wants to have a community 101 on housing and include AFFH information which is required. Ms. Robles added that they will be working with GPAC members and particularly the Outreach Committee to create a game plan of responsibilities and it will come forward at their next meeting.
Mayor Gerringer opened the public comment period.
CHERYL MACDONALD referred to the category of disability and noted that an organization called Mobility Matters houses themselves at the church on Carol Lane and said they might be a good resource for working with people with disabilities.
Mayor Gerringer concluded the presentation and she and Councilmembers thanked the Planning Commission and GPAC members, as well as staff and Ms. Elrod.
6. Presentations (7:00 p.m.)
A. Jenny Rosen, Staff Liaison to the Public Art Committee Public Art Proposal for the Brant at 3660 – 3676 Mt. Diablo Blvd., APN 241-020-008 Recommendation: Approve the public art proposals by artists Aileen Barr and Wowhaus for the Brant by Lennar at 3660 – 3676 Mt. Diablo Blvd., APN 241-020-008.
Public Art Staff Liaison Jenny Rosen presented the Council with two significant pieces of public art for consideration and gave a brief PowerPoint presentation of the work by artists Aileen Barr and Wowhaus for the Brant development by Lennar Homes at 3660 – 3676 Mt. Diablo Boulevard. She noted Chair Yukie Fujimoto and David Dondero were present to answer questions, as well as Leah Denman from Lennar Homes.
Mayor Gerringer opened the public comment period, and there were no speakers.
City Council, GPAC & Planning Commission Meeting Page 6 of 14 January 10, 2022 Mayor Gerringer and Councilmembers recognized the artists and their pieces for the Brant by Lennar Homes, and thanked staff and members of the Public Art Committee.
ACTION: It was M/S/C (Candell/Anduri) to approve the public art proposals by artists Aileen Barr and Wowhaus for the Brant by Lennar at 3660 – 3676 Mt. Diablo Boulevard. Roll Call Vote: 5-0 (Ayes:
Gerringer, Anduri, Candell, Dawson, and Kwok; Noes: None).
B. Mayor Gerringer
Review of City Council Adopted Priorities for FY2021/22 Recommendation: Confirm priorities for the current fiscal year.
City Manager Niroop Srivatsa gave the staff report and overview of the mid-year review of the City Council adopted priorities for FY 2021/222. She reviewed the annual budget schedule, the four Council-adopted priorities, noted significant progress has been made by the Council, confirmed that at the end of 2022 staff will ask the Council to re-affirm its priorities for the next fiscal year, and said staff recommends that Priorities #1 and #4 which are traffic/transportation-related be combined into one priority. Staff is engaged with these as well as the General Plan Update. She requested that the Council discuss and review the priorities and confirm them for FY 2021/22.
Mayor Gerringer gave an explanation of the overlapping of goals and priorities with serving as Mayor, noting it seemed like a good time to hold a mid-year review on priorities set, knowing the Council will undergo a full review again.
Vice Mayor Anduri said in looking at the timeline in past iterations of the process and in descriptions of the financial process, the Council will find at the first budget meeting in May there is language that states the public is invited to comment on the budget and that important policy decisions are made by the Council. He asked if this language could be restored by staff.
Ms. Srivatsa said yes she can add it back in and confirmed this is the intent of the May review of the budget.
Councilmember Dawson referred to Wildfire Prevention and Utility Safety priority and she confirmed with Ms. Srivatsa that two Safety Alliance meetings were held with PG&E. She asked if these could be updated under “Work Completed”.
Mayor Gerringer opened the public comment period.
CHERYL MACDONALD said she is interested in #3; Create a Vibrant Downtown priority and she clarified that the public will be able to make comments in May. She said she supports some of the goals of Dawn Eames’ letter and said they are willing to work with the City to create a vibrant downtown.
Vice Mayor Anduri said he endorsed the priorities and reaffirmed operating on a fiscal year versus the calendar year on the set priorities and looks forward to the upcoming goal setting meeting in March.
Regarding the proposal to combine goals #1 and #4 in the whole area of traffic, pedestrian, and traffic safety he sees the City working at three different levels.
City Council, GPAC & Planning Commission Meeting Page 7 of 14 January 10, 2022 The main focus is safety around schools and safe routes to schools which is essential. The next level is Vision Zero which is traffic safety and has been adopted. The Council knows what this means, and he thinks there needs to be a lot of community education about this.
There is a third level which is a decision about whether the Council wants to be a City that prioritizes pedestrians and cyclists. He sees this over and above Vision Zero and one that has economic impacts as well as safety impacts. He therefore asked if a goal should be to find ways for neighborhood access to their downtown and neighborhood to neighborhood along bike routes. As they do this, and staff works over the next few months on plans he suggested keeping in mind they might want to broaden their view about what they want to accomplish. He sees this as a major discussion the Council should have with the community given the ARPA survey results.
Councilmember Dawson agreed with Vice Mayor Anduri’s comments, cited with the infrastructure bill passing, and allowances for bike and pedestrian safety as well as infrastructure so she supported this be pursued.
Councilmember Candell advocated for flexibility and she hoped the Council would be nimble enough to add things that may be outside of these priorities.
Mayor Gerringer agreed with the ability to be agile and respond when needed.
Vice Mayor Anduri said he hopes before March that the Environmental Task Force can come forward with an electrification ordinance specifically relating to EV charging stations. He would like to pursue the City Hall fund and also important for the Finance Advisory Committee to look at financial sustainability over the longer term now if they want to have a rational discussion about wanting to do anything in November 2022 or 2024, which will have some urgency.
Lastly, he said the Council received the California Budget and funds available and emphasized the need for staff/consultants to seek out state and federal funds in order to have shovel-ready projects in place.
Councilmember Kwok voiced support and echoed all Councilmember comments.
ACTION: It was M/S/C (Anduri/Candell) to reconfirm priorities for the current fiscal year, as amended, to combine Item #1 and #4 priorities into one priority. Roll Call Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson, and Kwok; Noes: None).
7. CONSENT CALENDAR
Mayor Gerringer asked if there were any requests for removal of items or public comments or requests for removal of items and there were none.
A. Minutes – December 13, 2021
Recommendation: Approve.
B. Resolution 2022-01 Allowing for Video and Teleconferencing Meetings during the COVID-19 State of Emergency under AB 361.
Recommendation: Adopt Resolution 2022-01.
City Council, GPAC & Planning Commission Meeting Page 8 of 14 January 10, 2022 C. 2022 City Council Assignments
Recommendation: Adopt the 2022 City Council Assignments.
D. Lafayette Community Center Restroom Renovation Project, Project No 012-918, Final Acceptance of Construction Contract with Construction West Services, Inc.
Recommendation: Accept the construction contract with Construction West Services, Inc. as complete and authorize staff to file a Notice of Completion for the Lafayette Community Center Restroom Renovation Project, Project No. 012-918.
ACTION: It was M/S/C (Anduri/Dawson) to adopt Consent Calendar Items A, B, C and D. Roll Call Vote: 5- 0 (Ayes: Gerringer, Anduri, Candell, Dawson, Kwok; Noes: None).
8. OLD BUSINESS
A. Mayor Gerringer and Councilmember Candell
Lafayette Equity and Inclusion Task Force
Request made by the Community Diversity, Equity, Inclusion and Belonging (DEIB) Committee at the City Council meeting on November 22, 2021
Recommendations: 1. Recognize the National PTA calendar on the City’s website. 2. Implement recommended website modifications in early 2022. 3. Continue staffing the Community DEIB Committee through March 2022 and then re-evaluate staff availability. 4. Continue the $10,000 funding request to the January 24, 2022 City Council meeting. 5. Schedule training for Council and commissions in early 2022.
Assistant Administrative Services Director Jennifer Wakeman gave the staff report regarding the requests made by the DEIB Committee on November 22, 2021 and stated the staff report includes the Lafayette Equity and Inclusion Task Force’s recommendations, which she described.
Vice Mayor Anduri referred to recommendation 2; Recognize the National PTA multi-cultural calendar as a link on the City’s website and asked for the implications of this. Ms. Wakeman said the Committee’s intention was to simply share cultural awareness dates with the community as a resource and a tool for making people aware.
Mayor Gerringer opened the public comment period.
ALISON HILL referred to the calendar which would avoid the City issuing proclamations throughout the year and she thinks it would be useful for the Communications Analyst to somehow announce the various multi-cultural events during the year and include things in the Weekly Roundup.
Mayor Gerringer said she thinks having a universal proclamation has been suggested at a Council meeting and discussed by the Task Force, but no decision has been made, and the National PTA Calendar does not override that discussion.
CAROL SINGER asked if this means there would be no longer be proclamations.
Mayor Gerringer said the Council has not made that decision and noted the National PTA Calendar will serve as a resource.
City Council, GPAC & Planning Commission Meeting Page 9 of 14 January 10, 2022 JANINE CROWE said she attended the CDEIBC meeting at 5PM as a visitor and the CDEIBC Committee does not want to be its own charity and partner with existing 501.c(3)s. She questioned whether the City could pay for things like a speaker without having the Committee go through a charity for payment, suggested the Council consider having students write a summary of what they learned, for example, from MLK’s speech which could be shared on the City’s website during Black History Month.
ROBERT LAVOIE said he sent in a public comment letter in opposition of the Council hiring Dr. Watson for training. He opposes the School District also hiring her, believing she is very biased politically, believes she is founding her views on critical race theory which is somewhat controversial, defining people by their skin color and also concluding that Lafayette is systemically racist because of a few examples. He also thinks if the City sponsors Dr. Watson it should sponsor others with different political views and be able to balance the perspective.
Mayor Gerringer referred to different options for funding the CDEIBC’s events which Ms. Wakeman explained, stating the CDEIBC concluded that they are interested in exploring partnerships with 501.c(3)s in the community to co-sponsor events and participants and vendors would be paid directly through them.
Vice Mayor Anduri asked and confirmed that #4 and #5 were separate; the #5 training would be paid for by the $10,000 and #4; the community events and training would come out of a City budget item.
Councilmember Kwok referred to updating the website on DEIB because it is the most public display of the Council’s commitment on this topic. He asked to include the proposed date on the deadline as February 28th and staff confirmed this could be modified to reflect that date.
Councilmember Candell said she completely endorses all items and is glad the DEIB Committee took the lead on this.
Vice Mayor Anduri agreed and voiced his support. However, he would argue with #2 in the staff report, noting that in prior discussions of this item the Council was looking at how they would handle resolutions which should be further discussed.
Mayor Gerringer suggested the Council hold a policy discussion on proclamations at a future meeting, and City Manager Srivatsa agreed to place it on the first February meeting agenda. Mayor Gerringer also supported the revision for the February 28th deadline for recommendation #2.
ACTION: It was M/S/C (Kwok/Candell) to 1. Recognize the National PTA calendar on the City’s website. 2.
Implement recommended website modifications by February 28, 2022. 3. Continue staffing the Community DEIB Committee through March 2022 and then re-evaluate staff availability. 4. Continue the $10,000 funding request to the January 24, 2022 City Council meeting. 5. Schedule training for Council and commissions in early 2022. Roll Call Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson, and Kwok; Noes: None).
BREAK
Mayor Gerringer called for a brief break at 8:18 p.m. and thereafter reconvened the meeting at 8:23 p.m.
City Council, GPAC & Planning Commission Meeting Page 10 of 14 January 10, 2022 B. ARPA Subcommittee Members - Vice Mayor Anduri and Councilmember Dawson Barry Foster, HDL Companies’ Principal/Managing Director Lafayette American Rescue Plan Act (ARPA) Funding Recommendations Recommendation: Approve expenditures of $920,000 from ARPA funds as detailed in the staff report for 1) Website for household assistance/recovery; 2) Lafayette Partners in Education; 3) Business District Marketing; 4) Small business technical assistance; 5) Outdoor dining; 6) Lafayette Veterans Memorial Building; 7) HVAC/ventilation for Community Center.
Barry Foster, Principal/Managing Director, HdL Company, provided an overview of the staff report and gave a PowerPoint presentation, recognized ARPA Subcommittee Members Councilmembers Anduri and Dawson for their work, and said before the Council is consideration of additional funding recommendations, which he described. He described approved allocations to date which total a little over $1.67 million and the recommendations in orange which the subcommittee has deemed to be immediate needs in terms of funding which total $920,000.
He stated HdL and staff will continue to monitor possible legislative changes being pursued for ARPA as well as the Federal Infrastructure Bill and the impact that such changes may have on funding a broader range of projects for the City.
Councilmember Dawson briefly added to the overview provided regarding the subcommittee’s recommendations.
Councilmember Kwok referred to the Veteran’s Memorial Building and said $90,000 from the $150,000 requested is being asked to be allocated at this time which would help them to operate through at least June 2022. He asked if this might be a typographical error, noting it is only 5 months from now. He questioned what would happen and whether they would close or not.
Mr. Foster stated the funding will get them to the summer and additional ARPA funds will then come where they will understand what the new and final rules are for ARPA funding. He believes Vice Mayor Anduri and Thomas know more about what the Veterans are looking to do.
Vice Mayor Anduri said the Lafayette War Veterans, Inc. operates the buildings and this funding carries them to the end of the fiscal year. The $150,000 was the initial request but in terms of staying open because they are using their reserves. They want to make a few improvements and deferred maintenance and upgrades to the building which will enable them to rent out the building. The subcommittee will look to them again in the next round of funding but thinks this is critical to keep this venue and landmark for the community open for the next 6 months. They think the funding will carry beyond June 30th but not much more.
Councilmember Candell referred to the email about Lafayette Partners in Education (LPIE) funding and ensuring it gets to Campolindo High School. She asked if there is any confirmation that this method could work to benefit Lafayette students at Campolindo.
City Council, GPAC & Planning Commission Meeting Page 11 of 14 January 10, 2022 Councilmember Dawson explained the subcommittee had a discussion with Superintendent Nickerson and LPIE. LPIE works similarly to the Lafayette Community Foundation to help facilitate spending to the larger community and will take this money, base it on the number of LPIE’s costs for Acalanes High School to help lower the cost for mental health expenses for the District and to distribute money to other high schools, as well.
Councilmember Candell referred to the HVAC at the Community Center which is a large cost. She asked what is the City getting as a result of this work. Vice Mayor Anduri said they will be getting more classrooms opened because they do not have the required ventilation and filtration, given COVID concerns with enclosed spaces. He emphasized that the amount is an estimate and if more is needed the subcommittee will need to return to the Council.
Councilmember Candell referred to the Park Theater and asked for an explanation where the City was considering putting ARPA funds but are not now. Vice Mayor Anduri said the Council approved the ARPA funds on November 22nd and in looking at the regulations they were not absolutely confident that it would qualify. The theater had a deadline it had to meet and the $500,000 was moved to the unallocated column with the intent for when the final rule becomes effective on April 1st. If they are able to identify more City funds that could be replaced then they will use the $500,000 to replace City funds, so it will all come out the same.
Mr. Foster added that under ARPA when doing planning and allocations the Treasury never tells them whether or not it is approved, and they must do their due diligence. Therefore, they are making their best guess as to whether the categories are eligible or not. The cost for the Theater was a big cost and at the end of the day they were uncomfortable taking it out of ARPA and sought other ways to deal with it.
Mayor Gerringer opened the public comment period.
RANDALL WHITNEY, Co-President of the Campolindo Parent’s Club, said he submitted an email and said 25% of the Campolindo student body originates from Lafayette households so they wanted to be sure that the allocation of funds was treated equitably, noting the wellness center has been a huge success.
He asked to confirm whether the $129,000 LPIE would be allocating would subsidize the Acalanes Wellness Center and also allocate an equitable amount to the other schools.
Councilmember Dawson explained there is a budget for student wellness at all schools from LPIE’s budget which are earmarked so whatever monies comes to the District from ARPA will be equitably distributed to school programs.
CHERYL MACDONALD voiced support of where ARPA funds are going to, said she hopes the Council realizes that not all small businesses are part of the Chamber of Commerce and she asked to find a way that are not Chamber members.
Councilmember Dawson stated Thomas Myers, their Economic Development Manager is making connection with small businesses and this will also be available to non-Chamber members, as well.
City Council, GPAC & Planning Commission Meeting Page 12 of 14 January 10, 2022 DANIELLE GALLAGER, President of LPIE, thanked Councilmembers Dawson and Anduri for their time and effort in understanding LPIE and in funding and answering concerns. She emphasized that they work closely with both MEF-1 and the Walnut Creek Education Foundation; the four education foundations that support the high schools in the same district to ensure every student is equitably funded when it comes to mental health and wellness. The rise in mental health concerns has shifted the foundation’s focus to social emotional wellness at these schools, and she relayed statistics on student mental health and wellness for students.
Mayor Gerringer voiced appreciation of the work by the subcommittee as well as everyone involved in this, and she thinks good decisions are being made and looks forward to the second tranche of monies.
ACTION: It was M/S/C (Dawson/Anduri) to approve expenditures of $920,000 from ARPA funds as detailed in the staff report for 1) Website for household assistance/recovery; 2) Lafayette Partners in Education; 3) Business District Marketing; 4) Small business technical assistance; 5) Outdoor dining; 6) Lafayette Veterans Memorial Building; 7) HVAC/ventilation for Community Center. Roll Call Vote: 5-0 (Ayes:
Gerringer, Anduri, Candell, Dawson, and Kwok; Noes: None).
9. STAFF REPORTS
A. Jennifer Wakeman, Assistant Administrative Services Director FY2020/21 Annual Comprehensive Financial Report
Recommendation: Receive and file.
Assistant Administrative Services Director gave the staff report and overview of the FY2020/21 Annual Comprehensive Financial Report prepared by Administrative Services staff and as audited by Badawi & Associates. Councilmember Gerringer and Mayor Candell had met and reviewed the report as the Finance Subcommittee and provided feedback which is incorporated in the final report. She described recommended corrections which have been made and anticipates receipt of this year’s Annual Comprehensive Financial Report award, which has been awarded over the last 6 years.
Vice Mayor Anduri referred to page VII, top, which states, “There are two sources of one-time additional income the City will have to help bridge funding gaps over the next several years.” It refers to the $6.2 million in ARPA funds and at the end, the $2.25 million from the Moraga development. While the City wrote off the $5 million RDA loan, the City did receive $700,000+ to repay the parking loan and asked if that would be reflected here.
Ms. Wakeman replied that the California Department of Finance approved the repayment of, and the City received, the parking loan in FY 2022 and these transactions will be reflected in next year’s report.
Vice Mayor Anduri referred to page VI which states, “One of the most important questions asked about the City’s finances is, is the City better or worse off as a result of the year’s activity. The statement of net position helps answer this question.” He said the statement of net position shows the City is down $5 million and he asked if this is attributable to the write-off, and he asked if it is fair to say that despite the pandemic, the City has held its own.
Ms. Wakeman replied yes; net position has stayed relatively flat with the exception of that loan write-off.
City Council, GPAC & Planning Commission Meeting Page 13 of 14 January 10, 2022 Mayor Gerringer opened the public comment period, and there were no speakers. She and Councilmembers thanked staff, the auditors and Finance Subcommittee for their work.
ACTION: It was M/S/C (Candell/Anduri) to receive and file the FY2020/21 Annual Comprehensive Financial Report. Roll Call Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson, and Kwok; Noes: None).
10. PUBLIC HEARINGS – None
11. ITEMS REMOVED FROM CONSENT CALENDAR – None
12. COUNCIL/COMMISSION REPORTS
A. Councilmembers report on activities and consideration of matters a Councilmember wishes to initiate for placement on a future agenda.
Vice Mayor Anduri asked and confirmed the City Hall Investment Fund monies discussion will go on the February 14th City Council meeting.
Councilmember Dawson reported there is still work to do in figuring out utility safety and CPAC and believes the Gas Safety Task Force should come before the Council to show findings. She will be working with Assistant Fire Chief Peters and the Fire Marshal who are willing to work with the City on the electrical infrastructure and the reporting on the fire that occurred a couple of years ago, without resolution from PG&E.
Councilmember Candell reported that a subsidiary of nonprofit Tenants and Owners Development Corporation (TODCO) filed lawsuit seeking to block ABAG/MTC’s Plan Bay Area 2050 because it will not build any affordable housing or solve the homelessness crisis. She asked if this could be agendized for presentation to the Council.
She also referred to the Neighborhood Voices Initiatives and said she would also like to agendize this in the future, stating she has some answers relating to this.
Mayor Gerringer reported that with the other items on the January 24th meeting, she proposed beginning the meeting at 5:00 and from 5:00 to 7:00 p.m. hold a GPAC mission statement discussion ahead of the regular meeting. This will look at how the Council calendar and how to agendize items they know will have meaty discussions in the attempt to curb very late night or into early morning meetings. She also would like to discuss changing the 3-minute speaker time to a 2-minute speaker time which several agencies do.
She reported the City/Schools at their last meeting of the year reviewed all of the traffic studies and had a list of items they are moving forward to the City. This document is now part of the work consultants are reviewing as part of another source of information that will come forward to the Council. She has not been driving around but understands lawn signs from the Street Smarts Diablo Program went up last week.
City Council, GPAC & Planning Commission Meeting Page 14 of 14 January 10, 2022 She met with the LPMC and LAFFA today and an update was given on the Lamorinda Action Plan which is currently under development, and she will work with staff to post the PowerPoint presentation on the City’s website.
Councilmember Anduri asked and confirmed that the goal discussion/facilitation will be agendized for March and Mayor Gerringer will be working with the City Manager and City Clerk. He said the assignment list was approved on the Consent Calendar tonight and he asked what is the procedure for notifying the various commissions/committee/task forces regarding new assignments.
City Manager Srivatsa replied that City Clerk Joanne Robbins sends the updated list to the staff liaisons of all committees and commissions and in turn, they distribute it to their boards. She confirmed it will be ready to send out this week.
Councilmember Dawson asked if the DEIB training is confirmed for January 21st with Dr. Watson. Ms.
Wakeman confirmed the training will be a Zoom meeting on January 21st from 10AM to 12 noon and she will send a reminder email.
Councilmember Dawson said she knows the City is in need of volunteers to serve on various commissions and committees and she asked if staff might step up advertisements for these, as well as sharing this need by fellow commissioners/committee members.
B. City Manager’s Update
City Manager Srivatsa referred to the Lamorinda Action Plan and said staff hopes this will be the topic of discussion for the annual Lamorinda Tri-Cities Meeting. Orinda is the host City this year and they are working on the agenda and will notify staff shortly about the date.
Looking ahead to the January 24 meeting, in addition to the early start time for the mission statement discussion, the final Budget and Management Partners’ organizational assessment will be presented.
There is also a land use application for a small townhome development at Mt. Diablo Boulevard and 2nd Street, so this will be a busy agenda; hence the need to start at 5PM.
13. WRITTEN COMMUNICATIONS – None.
14. ADJOURNMENT – 9:22 p.m.
APPROVED:
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Teresa Gerringer, Mayor
ATTEST:
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Joanne Robbins, City Clerk