City Council and GPAC Meeting Page 1 of 15 February 14, 2022 7 City of Lafayette
Minutes
City Council Meeting
General Plan Advisory Committee
Teleconference Meeting – Watch on the City of Lafayette’s YouTube Channel at February 14, 2022 http://bit.ly/LoveLafayetteYouTube Submit public comments to [email protected] 5:00 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) At the time and date of the meeting, please click this URL to join the webinar:
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City Council and GPAC Meeting Page 2 of 15 February 14, 2022
1. CALL TO ORDER
Mayor Gerringer called the Regular City Council meeting to order at 5:00 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, Chair
Staff Present: Niroop Srivatsa, City Manager; Greg Wolff, Planning and Building Director; Sarah Allen, Assistant Planning and Building Director; Tracy Robinson, Administrative Services Director; Suzanne Iarla, Communications Analyst; Mala Subramanian, City Attorney; Joanne Robbins, City Clerk
3. ADOPTION OF AGENDA
ACTION: It was M/S/C (Anduri/Dawson) to adopt the agenda. Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson and Kwok; Noes: None).
4. PUBLIC COMMENTS – 5:00 p.m. (for Closed Session items only) - None
5. CLOSED SESSION
Mayor Gerringer adjourned to Closed Session to discuss the following matters:
Conference with Legal Counsel – Existing Litigation
Government Code section 54956.9(d)(1)
A. Save Lafayette and Nahid Nassiri v City of Lafayette Contra Costa Superior Court, Case No. N20-1971
B. Request to Intervene
Yerba Buena Neighborhood Consortium, LLC v. Metropolitan Transportation Commission, Association of Bay Area Governments
San Francisco Superior Court, Case No. CPF-21-517627
Reconvene/Report out of Closed Session
City Attorney Mala Subramanian announced that for Item A, the City Council unanimously voted (5-0) to join the Real Party in interest’s motion to vacate judgement/motion for a new trial. There was no action taken for Item B.
6. SPECIAL JOINT SESSION – 6:00 to 7:00 p.m.
City Council and General Plan Advisory Committee – Mission Statement Sub-Committee Sarah Allen, Assistant Planning Director and Jim Cervantes, GPAC Chair Continued – City of Lafayette Mission Statement Update
Recommendation: Review and approve a draft Mission, Vision and Values statement as recommended by the General Plan Advisory Committee Mission Statement subcommittee.
City Council and GPAC Meeting Page 3 of 15 February 14, 2022 GPAC Chair Jim Cervantes provided a summary of the staff report based upon the last Council meeting and he described Options 1 and 2. GPAC’s preference is Option 2 because it reads much better and he recommended the Council adopt Option 2.
Mayor Gerringer opened the public comment period.
GRACE DIXON voiced concern that active recreation is not represented of the 41% of respondents that called it out, and she asked to add “and active recreation” behind “life-long learning”. She thanked GPAC for their work and those involved in the Mission Statement.
DAVID CLARK said he agrees that the Option 2 paragraph reads better. He asked whatever is approved stand the test of time, cited the six components of parklands, trails, hillsides, ridgelines, open spaces and creeks and asked that they not get overlooked and are used.
JEREMY LEVINE spoke about GPAC not adding “inclusive” into their draft which he believes is for a good reason. All of the words capture what inclusivity means in a way that is more widely agreed upon. “Semirural” does not have an agreed upon meaning. Inclusive Lafayette spent a lot of time on the mission statement and the term “semi-rural” and he will appreciate whatever the Council’s decision is, but it is harder to have faith in the GPAC process if the most important decisions GPAC make get overturned.
LINDA RIEBEL thanked GPAC Mission Statement Subcommittee, likes both versions but she had the same concern David Clark did that by setting aside a separate section the guided principles may someday be considered secondary. Option 1 is preferable because it cannot be misunderstood or misused and she thanked GPAC for their work.
Mayor Gerringer asked staff to explain how the mission statement has been used historically.
Assistant Planning Director Sarah Allen said it will be on the website, serves as guidance to policy direction, and it has informed the General Plan, as well.
City Manager Niroop Srivatsa added it is a message the community is sending to whoever wants to develop in Lafayette as well as join the City as part of the community. It is not a finding so it is not used in a land use application to say yay or nay, but it is what all planners and engineers read and review and keep in the back of their minds when they process projects and applications.
Vice Mayor Anduri thanked Mr. Cervantes and the subcommittee for their great work, cited the numerous comments received and considered, said he and Mayor Gerringer served as liaisons and met with the subcommittee and he voiced support of Option 2 as is.
Councilmember Candell voiced support of Option 2.
Councilmember Kwok said in his mind he is looking at the original draft, Option 1 and 2. He has spent time on substantive and stylistic differences between each, and he voiced support of the option originally presented to the Council at the last meeting, with the exception of grammatical or stylistic changes.
Councilmember Dawson spoke of respect for the process, thinks the original option is the most succinct but with an edit to include the guiding principles, and/or Option 2.
City Council and GPAC Meeting Page 4 of 15 February 14, 2022 Mayor Gerringer voiced support of Option 2 and she described her reasons. The Council technically has 3 options and she asked if they should make a choice, do more wordsmithing, and/or bring it back one more time so the community has time to review it again.
Vice Mayor Anduri asked for details on why Councilmember Kwok and Dawson would support the original option as presented to GPAC.
Councilmember Dawson said she appreciated how the subcommittee synthesized all of the input from the public into a balanced approach as to what it means to be inclusive, to have protected open spaces, and this is very direct. It also seems more streamlined, but she likes the way the principles are set up for Option 2.
Vice Mayor Anduri asked and confirmed Councilmember Dawson would support Option 2, but she personally thinks the original recommendation sets out what it was supposed to do and this would be her preference. Detailing it also allows for more interpretation and flexibility. So, this would be to use the first paragraph which was previously called the Vision and Mission of Lafayette with the new and refined guiding principles. Also, she would also support Option 2.
Councilmember Candell said she was always struggling with having the mission and vision separate from the guiding principles. As they move forward, guiding principles do not always have to be included and this is a critical point in why this new Option 2 is so much stronger.
Ms. Srivatsa stated staff is hearing that Councilmembers like the whole package and do not want to separate the mission statement and guiding principles separated, but it is really what the content of what the mission statement should be that is in question. If there was a sentence added to the original mission statement to tie in the principles, it would achieve the same purpose as Option 2.
Councilmember Candell did not think leaving the guiding principles separate in the original option is a good way for the Council to put forward a vision and mission statement.
Mayor Gerringer said if they went with the original and the guiding principles that are part of Option 2, some of the important characteristics, principles, values, things the community places a value on would be lost. They would have to go back through the exercise again. Also, Option 2 is for all of this or none of this for her and she discussed the surveys relating to “semi-rural ambience.” Vice Mayor Anduri said he agrees and going back to the original would mean editing out some duplication that the subcommittee has edited out. Secondly, he thinks it is fair to say that the subcommittee, based on all input it received during the process and what it has heard since, also learned from the Council meeting discussions since then so based on that, they have come out in favor of Option 2. The third point is that he agrees completely with Councilmember Candell’s reasoning for why they would want to include the guiding principles and put it into one document.
Chair Cervantes said for the Option 1 and 2 draft they took comments from the last Council meeting and worked in the best they could using the two different approaches. Given the Council input, if that is incorporated then their preference was Option 2. They are past the point of the initial option and were looking for something with additions to it, so the changes are embedded into Option 2.
City Council and GPAC Meeting Page 5 of 15 February 14, 2022 He really likes the sedge way in the document in Option 2 and prefers it over the original one where it was sort of separate. However, they can do more wordsmithing on this per Council direction.
Councilmember Dawson said if they are looking at Option 2 which GPAC will work off of, she thinks it is something she can vote for.
Councilmember Kwok said he agrees it is better to integrate the bullets with the first paragraph, clarified that if the original December mission statement were to have that integration by linking a semi-colon in the beginning there, he asked if that makes a difference or was Councilmember Candell going for more of the substantive changes that appear in Option 2. Councilmember Candell said yes; substantive and stylistic and she prefers Option 2 for both of those reasons.
ACTION: It was M/S/C (Anduri/Dawson) to ask staff to return with Option 2 on February 28, 2022 for final approval. Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson and Kwok; Noes: None).
7. PUBLIC COMMENTS – 7:00 p.m. (For items not on the agenda) KATIE FOREMAN provided an update on the traffic safety awareness work they have been doing as a partnership between the County Street Smarts program, the Lafayette School District, and the City. Their traffic pledge was shared with all K-8 students and has been promoted through multiple City channels.
Their 150 yard signs have been up since mid-January which will be displayed through the end of February and she will then return them to the County to be used in other communities.
They are working on a family bike safety event through Bike East Bay and are targeting Saturday, March 23 and will promote that once details are confirmed. Lastly, they are exploring partnering further with the County on programming in the schools this spring. She appreciates the community’s willingness to work together on this and looks forward to keep traffic safety at the forefront of their minds this year.
8. PRESENTATIONS
A. Judith Silver, Senior Waste Prevention and Recycling Manager, RecycleSmart Presentation on SB 1383 – Reducing Short-Lived Climate Pollutants in California Recommendation: Receive and file.
Judith Silver, Senior Waste Prevention and Recycling Manager, RecycleSmart, provided a PowerPoint presentation on SB 1383. She spoke of its target to achieve a 75% reduction in disposable organic waste from the 2014 level by 2025, noting 18% of what is thrown away is food in California annually, stated SB 1383 places obligations on local government, facilities and generators. Their Board adopted the mandatory organic waste diversion reduction ordinance at its December 2021 Board meeting which compels generators to separate organics, keep them from landfill and gives their agency the right to request records and information to meet reporting obligations to the State.
RecycleSmart and member agencies are already largely in compliance with this law, and she presented responsibilities of generators. She then described RecycleSmart’s right to issue waivers to commercial generators if they generate less than 10 gallons of organics each week, Recycle Smart’s requirement for annual education about proper separation of materials, including promoting food waste prevention and working with commercial businesses to give them tools to educate tenants and their employees.
City Council and GPAC Meeting Page 6 of 15 February 14, 2022 SB 1383 asks that they do an analysis of how they are going to handle all of the organics they have recovered, how to handle edible food recovery, whether there is enough capacity to handle it, and the bill requires annual route auditing. In 2024, they will be obliged to issue notices of violation and even fines on the commercial side, must keep records, and they have been busy developing partner relationships and contracts.
Councilmember Kwok asked and confirmed that organic waste could return as compost and there are buyers that would buy 100% of the compost and alleviate the City of that obligation. RecycleSmart will start this program year to year and they are testing this out as a new program.
Councilmember Candell said she sees the schools are in Tier 2 and she noted Lafayette also has private schools. Ms. Silver noted the law only applies to local education agencies or public schools. A private school could be subject to the law if it had 250 seats in its cafeteria. Because Lafayette is small, they are reaching out to all restaurants for food donation but only some have to donate.
Mayor Gerringer opened the public comment period.
CHERYL MACDONALD asked what homeowner associations’ obligations are for collecting good scraps.
Ms. Silver said multi-family complexes are considered commercial and typically they have a shared trash enclosure which are renters. Those people now must participate in the food scrap diversion program, and recycling coordinators work with complexes and educating tenants.
Mayor Gerringer concluded the matter, and she and Councilmembers thanked Ms. Silver for her presentation.
B. Casey Elliott, Vice President, Townsend Public Affairs Legislative Update and Overview of Local Government Ballot Initiatives Recommendation: Receive and file.
Casey Elliott, Vice President, Townsend Public Affairs, provided a legislative update and overview of local government ballot initiatives as outlined in the comprehensive staff report memorandum.
He said there have been three primary focuses of the legislature in the last six week: 1) moving through 2-year bills during January. For those bills that made it through the process they now catch up on the normal cycle; 2) the introduction of new bills by Friday, February 18th. There are approximately 400 and this week they may see about 1700 bills; and 3) focus on public safety legislation and budget proposals and funding.
They will continue to see legislation on housing and land use, but not as much as the last few years. They are seeing a lot of interest in revisiting bills and follow-up legislation such as SB 9. Lastly, he thinks there will be significant legislation dealing with the supply chain crisis.
Early in January, the Governor released his State budget proposal. The budget proposes spending $286 billion and $213 billion of that would propose General Fund growth of about 1 ½% so slightly more than last year. That budget anticipates a significant surplus of $45.7 billion and $26 billion would be considered discretionary surplus at the State level which will be put to good use.
City Council and GPAC Meeting Page 7 of 15 February 14, 2022 The Newsom administration has put a focus on spending surplus dollars for one-time uses. These are not necessarily new on-going funds but a lot of the funds are increased because of increased on-line purchasing and different spending habits but at some point it will revert back. The Governor is also proposing to fund the rainy day fund and education rainy day fund so the state will have full reserve. In looking at the line items, essentially he said the Governor’s budget focuses on spending in areas of COVID relief, housing and homelessness, combating the climate crisis, public safety, transportation, and small businesses.
Mr. Elliott referred to redistricting and said for Lafayette, nothing would change; however, they have seen ripple effects as they have had 5 retirements from the legislature and 3 vacancies are being filled tomorrow in primary elections. They have another 15 legislators eligible to run for re-election and said they do not intend to do so. Then, there are another 8 or 10 who will be running against each other so this will be the single largest turnover next year. They are also seeing many of the committee assignments changing.
He then provided an overview on three measures currently out for circulation. All measures would constitute Constitutional Amendments so the proponents need to submit 1 million ballot signatures. For all three initiatives, signatures must be validated by the end of June in order to qualify for the ballot:
1) The local land use ordinance which would provide that in any instance where there are local land use and zoning ordinances conflicting with State the local ordinance would prevail; 2) A measure relating to local property tax, homeowners’ exemption, and local land use authority.
For properties valued over $4 million there would be an annual property tax surcharge and those over $5 million, a 1.2% surcharge. The second portion of the bill modifies the homeowner exemption on property taxes of $7,000. The renter’s credit would be raised to $1000 and $2000.
The third portion is a requirement for local governments to provide a by-right approval of housing under certain conditions; and
3) The Taxpayer Protection and Accountability Act. This modifies the way State and local governments can assess taxes and fees.
Councilmember Candell referred to the third measure and said she did not notice there was a fiscal impact. Mr. Elliott said it is difficult to pinpoint a defined number as it would depend on the local and State actions. They recognized there could be a significant impact with the ability to raise and modify revenue but it will be dependent upon the legislature, city councils and voters.
Mayor Gerringer asked if there are any bills related to affordable housing and funding mechanisms or incentives. Mr. Elliott said they have not seen the Hertzberg bill come forward which is a G.O. bond for affordable housing construction, nor anything significant.
Mayor Gerringer opened the public comment period, and there were no speakers. She and Councilmembers thanked Mr. Elliott for his update.
9. 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 – January 24, 2022
City Council and GPAC Meeting Page 8 of 15 February 14, 2022 Recommendation: Approve.
B. Resolution 2022-05 Adopting the Lafayette City Council Proclamation Calendar for 2022 and 2023 calendar years
Recommendation: Adopt Resolution 2022-05.
C. Resolution 2022-06 Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency under AB 361
Recommendation: Adopt Resolution 2022-06.
D. Resolution 2022-03 DR16-20 Peter Schadek (Owner), C-1 Zoning: Request for Design Review for the construction of 9 multi-family rental units within two 3-story buildings with a maximum height of 35' at 3458 Mt. Diablo Blvd and 1005 2nd St., APNs 243-011-042 and 243-011-056.
Recommendation: Adopt revised Resolution 2022-03 finding the project exempt from CEQA and approving the project, subject to modified conditions.
E. Surplus Equipment – Library Café Equipment
Recommendation: Declare that the equipment described is surplus property and donate or sell as appropriate.
F. Agreements for Joint Pavement Maintenance Project with Town of Moraga and Contra Costa County for the 2022 Surface Seal Project, project number 014-9733 Recommendation: Authorize the City Manager to execute the Agreements with the Town of Moraga and Contra Costa County for the 2022 Surface Seal Project, project number 014-9733.
ACTION: It was M/S/C (Kwok/Anduri) to adopt Consent Calendar Items A, B, C, D, E and F. Vote: 5-0 (Ayes:
Gerringer , Anduri, Candell, Dawson and Kwok; Noes: None).
10. OLD BUSINESS
A. Tracy Robinson, Administrative Services Director
Purchasing Property for Public Use that Would Also Appreciate in Value as a Public Asset Recommendation: Authorize a Council Subcommittee (Gerringer/Anduri) to work with the City Manager, the Administrative Services Director, and a real estate consultant to (a) identify potential suitable properties that meet the criteria discussed above, (b) approach the owners of the properties to discuss their plans for the properties, and (c) if a suitable property with a willing seller is identified, return to the Council with the information discussed above to seek approval for an offer.
Administrative Services Director Tracy Robinson gave the staff report and said this item was discussed in December 2021. The City has been searching for years for an appropriate property for a Civic Center and City offices. To date, they have been unsuccessful. The Council discussed whether it might make sense to look at other properties in the downtown to buy in order to maintain the current purchasing power of approximately $5.2 million in the City Offices fund of. The report lays out steps that could be followed for identifying, evaluating, and using potential properties until such time as a suitable property could be found for a Civic Center or City offices.
City Council and GPAC Meeting Page 9 of 15 February 14, 2022 Councilmember Candell asked if the possible uses listed in the report are the only uses right now or if there were others uses outside those specifically listed. Ms. Robinson said the list is pretty exhaustive and there are some uses that may prove problematic. In consultation with the City Attorney, staff tried to be as specific in detail as possible.
Councilmember Candell asked if there is a nexus or a need for parking for City employees. Ms. Robinson said where the City offices are currently located they do not currently have a specific need for parking for City employees, but other locations in the downtown may have a need for additional employee parking.
City Attorney Mala Subramanian noted it may be more just downtown parking that could be used for anyone but there could be meters or it could be free.
Councilmember Candell said the Surplus Land Act that just got overhauled sends red flags all over this.
She asked what concerns there are by investing in public lands based on the auspices of the new law.
Ms. Subramanian cited that the staff report identifies that there are risks with respect to the new law. As Council knows, they must comply with the Surplus Land Act should the City buy land and then later decide to sell it, but they do not know what could come in the future which is the bigger concern. There was some reference in the staff report that should the laws change and there be certain requirements imposed on the City they may be stuck -- so this is something to consider.
Mayor Gerringer opened the public comment period.
GRACE DIXON thanked staff for creative problem solving, thinks there are risks but she voiced support to continue its exploration.
DAVID CLARK agrees this is an exciting concept and is worth pursuing. The properties Ms. Dixon has identified have creek connections and while not an objective, if the City acquired land and used it on any of these parcels there are very exciting creek-oriented opportunities, especially the property behind the cleaners and the gazebo property.
Councilmember Kwok voiced his support of the work done and asked whether or not staff could look for a higher limit for owned office space, given the City is paying for a monthly lease, and suggested putting a down payment, borrow another half and pay an equivalent. He would like this to be explored and wondered if the committee would be looking at properties greater than $5.2 million and what that upper bound might be.
Councilmember Dawson echoed Councilmember Kwok’s comments.
Councilmember Candell voiced support of thinking creatively. She referred to the Public Lands Act and said if they change the property’s use, lease it or sell it, she asked if they must first go to an affordable home builder.
Ms. Subramanian said the option to lease she cannot imagine doing unless the City purchases property they would use for office space and it had a larger space than needed. The real question is if they purchase land for a parking lot and then 10 years later they decided they did not need the lot anymore and then sell the land.
City Council and GPAC Meeting Page 10 of 15 February 14, 2022 The City would have to offer it up to affordable housing groups and other public agencies. It would take some time under the current law to sell the asset and if they are not interested or for other reasons, the City would need to go through that before they could sell the property.
Ms. Robinson said staff has done some extensive financial analyses on City offices. They would have to build City offices so they would need money to purchase the property as well as money to build the structure(s). They have done a number of net present value analyses to show what the break even is versus what they are paying in rent now. They have not been brought to the Council because they did not have a viable project, but there are avenues for the City to borrow money to do that, similar to a mortgage.
The analyses show over a long period of time it is much better to be able to own than to rent. Spending more money than what they have would have to make financial sense and it would depend upon the use, and this would definitely be part of the analysis staff would bring back to the Council on any property they would consider.
Vice Mayor Anduri said the first thing they are looking for are properties to invest to hold the value of the City offices fund. If they find an intermediate property as not their final goal, he does not see them investing more than $5.2 million. But, in the course of doing this if they locate an existing fully built property or land that they would develop he sees them looking at options of developing it and looking at financing methods and bringing those to the Council.
ACTION: It was M/S/C (Anduri/Dawson) to authorize a Council Subcommittee (Gerringer/Anduri) to work with the City Manager, the Administrative Services Director, and a real estate consultant to (a) identify potential suitable properties that meet the criteria discussed above, (b) approach the owners of the properties to discuss their plans for the properties, and (c) if a suitable property with a willing seller is identified, return to the Council with the information discussed above to seek approval for an offer. Vote:
5-0 (Ayes: Gerringer, Anduri, Candell, Dawson and Kwok; Noes: None).
11. STAFF REPORTS
A. Niroop K. Srivatsa, City Manager
1. Legislation Committee: 2022-23 Legislative Platform
Recommendation: Accept the Committee’s recommendation and approve the amendments to the City’s 2022-23 Legislative Platform.
City Manager Srivatsa said before the Council is the Legislative Platform with amendments recommended by the Legislation Committee (Gerringer and Candell). The committee met in January to consider amendments to the platform which reflect the Council’s current priorities and the committee is recommending changes redlined in the draft be approved tonight. Based on the new platform she and Mr. Elliott will track legislation and continue to meet with the Legislation Committee on any pending bills.
Mayor Gerringer opened the public comment period, and there were no speakers.
Mayor Gerringer and Councilmembers thanked Ms. Srivatsa, Mr. Elliott and the committee for their work.
ACTION: It was M/S/C (Candell/Kwok) to accept the Committee’s recommendation and approve the amendments to the City’s 2022-23 Legislative Platform. Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson and Kwok; Noes: None).
City Council and GPAC Meeting Page 11 of 15 February 14, 2022
2. Grant Funding Opportunities for Lafayette
Recommendation: Receive and file.
City Manager Srivatsa stated in December the Council asked staff to return with a report suggesting ways to position themselves to receive funding from the Infrastructure Act. Over the last couple of months, staff has been working with Townsend Public Affairs and theirreport offers suggestions on how best to prepare and get ready to be successful in receiving some of those grant funds. The staff report identifies factors to consider when approaching any grant writing opportunity.
Mr. Elliott said they put together a staff report that focuses initially on funding opportunities that are becoming available this year. The legislature last year passed the Infrastructure Investment and Jobs Act which will bring money available both directly from federal agencies and pass through funding to the State. They have discussed this with staff and are trying to marry up some of the City’s priority projects to go along with available funding sources. They also tried to put in a portion on how the City can increase its likelihood of success.
Alex Gibbs, Grants Manager, Townsend Public Affairs, thanked City staff and said they submitted recently a grant for Cal Fire in the amount of $170,000+ for fire prevention activities and are currently working on the funding advocacy for that. They have outlined a brief 5-step guide on how to make the City more competitive when it comes to any grant programs, including the large federal opportunities that will have been made available through building a better America, the Bill Back Better Plan, and other federal infrastructure dollars that they are anticipating seeing later in 2022. He then described these topics of project readiness, budget impacts, local match and new services and programs and they will continue meeting with department heads and provide periodic updates.
Ms. Srivatsa referred to project readiness and described how the City deals with its 5-Year CIP, and how they may need to re-think their strategy in how they design the CIP to have shovel-ready projects in line for grants.
Staff will be scheduling a meeting with the CPAC to start these discussions.
Councilmember discussion ensued regarding collaboration, review of ways CCTA and other agencies can partner with cities, focused work on infrastructure and electrification, and continued work with Townsend Public Affairs.
Mayor Gerringer opened the public comment period, and there were no speakers.
Mayor Gerringer and Councilmembers thanked staff and Townsend Public Affairs representatives for their work.
BREAK
Mayor Gerringer called for a brief break at 8:50 p.m. and thereafter reconvened the meeting at 8:55 p.m.
12. PUBLIC HEARINGS – None
13. ITEMS REMOVED FROM CONSENT CALENDAR – None
14. COUNCIL/COMMISSION REPORTS
A. Councilmembers report on activities and consideration of matters a Councilmember wishes to initiate for placement on a future agenda.
City Council and GPAC Meeting Page 12 of 15 February 14, 2022 Councilmember Kwok referred to the DEIB committee and said their next event will be held on March 10th at 7PM at the Lafayette Library with the theme of “How Can Lafayette Better Welcome Newcomers”. This is in conjunction with the Lafayette Homeowners Council.
He also provided an update on the Emergency Services Commission, stating there has been planning for 2022 in advance of the Council’s March retreat to line up their priorities. He hosted a Firewise talk with Fire Inspector Taylor King, Outreach Coordinator with Con Fire on how neighbors can harden their homes and better prepare for wildfire. There were 15 families signed up and Taylor will meet with neighbors to give a free assessment to families. Another area of focus with the Emergency Services Commission is how could the City reclassify Lafayette from being a very high fire severity zone to something less risky. This has an impact and could be of benefit for homeowner insurance premiums.
Lastly, the Environmental Task Force is working on many topics, but there is an effort to try and establish a new ordinance for the City that has higher ambition than the state level for EV charging in multi-family homes.
Vice Mayor Anduri referred to the Daily Briefing and the report about Orinda having completed 13 miles of fire break. They talked about the fire break coming through Lafayette and seeking funding to build the fire break on the south side. He asked if staff could return with a report as to where the Orinda break is, where the Moraga break is coming into Lafayette and get a sense of what more they can do to protect themselves.
Mayor Gerringer noted that she has been working with the City Clerk to ask Con Fire to report out hopefully for the second meeting in April/first meeting in May.
Vice Mayor Anduri continued and said the Public Art Committee held a great meeting relating to murals and a subcommittee was formed to look at this.
Councilmember Candell reported on her opportunity to meet with the Janis Jenson, President and CEO of Habitat for Humanity East Bay and Silicon Valley. Since that time, Ms. Jenson and Rob Simons, who is the Director of Housing Development have sent out times they would like to meet with a couple of Councilmembers and staff. She reached out to Vice Mayor Anduri and she asked if this could be scheduled.
Ms. Srivatsa said there are no protocols established as of now and she thinks at least she and one planner would be happy to attend because Habitat for Humanity promotes affordable housing which is one of the Council’s goals, and she agreed to forward available dates tomorrow.
Councilmember Dawson reported meeting with Ms. Srivatsa and Public Works Director Mike Moran relating to PG&E utilities. They discussed the work they are doing which is important to regulatory guidelines and she will talk with Councilmember Kwok on the public safety aspect for the Emergency Services Commission.
Mayor Gerringer reported on her ribbon-cutting ceremony at Lilikoi Boba, a Hawaiian-themed boba and tea and snack café. She thanked staff for putting together the State of the City even, especially the tone of how they are working together with the Chamber and with department heads featured. She will also be speaking to the Rotary Club this week. Lastly, on Wednesday night she hands over the gavel as Chair for the CCTA for the year.
City Council and GPAC Meeting Page 13 of 15 February 14, 2022 B. City Manager’s Update
Recommendation: Receive and file.
Ms. Srivatsa reported over the next couple of weeks she will be working with the Mayor to agendize an item for discussion on in person public meetings and Council meetings. The Governor’s State of Emergency expires on March 31st unless he extends it. Since the mask mandate has been relaxed starting on the 16th, staff would like to discuss when and if the Council wants to return to in-person meetings.
She shared that the County Health Department issued a letter the City Attorney shared with her today.
The Health Officer strongly recommends that these meetings continue to be held on-line; that if they are held an in-person meeting, there be an opportunity for Zoom or telephone calls; and that the 6 foot separation rule be followed and honored.
Councilmember Kwok asked and agreed that the City Manager will also provide comments for this upcoming report on the funds the Council had allocated to prepare the room for streaming and expected dates of completion of that.
Ms. Srivatsa stated on March 5th, the Council will hold a workshop to establish goals and priorities for the next fiscal year. The facilitator, Nadine Levin will be reaching out to Councilmembers for one-on-one interviews. She and the Mayor met with her today to develop an agenda and the workshop will be held from 9AM to 2PM. More details will follow on what will be a public meeting which will also be on Zoom.
C. Councilmember Dawson and Councilmember Candell
Resolution 2022-08 Appointing members to the Capital Project Assessment Committee Recommendation: Adopt Resolution 2022-08.
Mayor Gerringer opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Dawson/Candell) to adopt Resolution 2022-08 appointing Ann Farrell and Gary Huisingh to the CPAC. Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson and Kwok; Noes: None).
D. Vice Mayor Anduri and Mayor Gerringer
Resolution 2022-09 Appointing members to the Parks, Trails and Recreation Commission Recommendation: Adopt Resolution 2022-09.
Mayor Gerringer opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Anduri/Gerringer) to adopt Resolution 2022-09 appointing Justine Parmelee and Scott Robinson to the Parks, Trails and Recreation Commission. Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson and Kwok; Noes: None).
E. Mayor Gerringer and Councilmember Candell
Resolution 2022-10 Appointing a member to the Transportation and Circulation Commission Recommendation: Adopt Resolution 2022-10.
Mayor Gerringer opened the public comment period, and there were no speakers.
City Council and GPAC Meeting Page 14 of 15 February 14, 2022 ACTION: It was M/S/C (Candell/Kwok) to adopt Resolution 2022-10 appointing Bart Carr to the Transportation and Circulation Commission. Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson and Kwok; Noes: None).
15. WRITTEN COMMUNICATIONS
A. E-mail from Gayle Israel, Contra Costa Leadership Council Member, request a proclamation recognizing March 2022 as Red Cross Month in Lafayette.
Recommendation: Approve the proclamation recognizing March 2022 as Red Cross Month in Lafayette.
Mayor Gerringer opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Anduri/Dawson) to approve the proclamation recognizing March 2022 as Red Cross Month in Lafayette. Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson and Kwok; Noes: None).
B. Request from Jay Lifson, Executive Director of the Lafayette Chamber of Commerce, for upcoming Chamber event in 2022.
1. Earth Day, Saturday, April 30, 2022 from 8:00am to 4:00pm. No parking and permission to close Golden Gate Way from the First Street crosswalk to the book drop driveway.
Resolution 2022-07 Exhibit A.
2. Annual Taste of Lafayette Tuesday, May 17, 2022. Permission to use Lafayette Plaza to include food booth, entertainment, and alcohol will be served. No road closure requested.
3. Rock the Plaza Fridays June 3, 10, 17 and 24 from 6:30pm to 8:30pm. Permission to use Lafayette Plaza with No Parking along Plaza Way from 4:00pm to 10:00pm. Lamorinda Arts Council’s annual Lamorinda Idol Competition Sunday, June 26 from 3:00pm to 5:00pm.
Permission to use Lafayette Plaza with No Parking along Plaza Way from 2:00pm to 6pm.
The Chamber will provide recycling and porta-potty for each event. Resolution 2022-07 Exhibit B.
4. Lamorinda Idol, Sunday, June 26 from 4:00pm to 10:00pm. Permission to use Lafayette Plaza with No Parking along Plaza Way from 4:00pm to 10:00pm. Close both lanes of Golden Gate Way from south curb line (SCL) of Mt. Diablo Blvd to the south curb line (SCL) of Plaza Way. Resolution 2022-07 Exhibit C.
5. Art & Wine Festival September 17-18, 2022. Permission to close Mt. Diablo Blvd westbound from Oak Hill Road to Dewing Avenue and Mt. Diablo Blvd southbound from Dewing to Moraga Road, Lafayette Circle east from Mt. Diablo Blvd to just beyond TuTu’s from 7:00pm Friday, September 16th until 11:59pm Sunday, September 18th. The Chamber will work with the police and public works department for appropriate signage for No Parking on Mt.
Diablo Blvd between Moraga Road and Lafayette Circle and to re-route traffic and asks the City’s assistance in publicizing the event in Vistas and Community Center newsletter.
Resolution 2022-07 Exhibit D.
City Council and GPAC Meeting Page 15 of 15 February 14, 2022
6. Lafayette Reservoir Run for Education Sunday, October 23, 2022. Permission to close Mt.
Diablo Blvd from Moraga Road to Paulson Court from 6:00am to 11:00am with one lane open at all times for emergency vehicles. The Chamber will work with the police and public works department to determine appropriate signage to re-route traffic and asks the City’s assistance in publicizing the event in Vistas, the Roundup and Community Center postings.
Resolution 2022-07 Exhibit E.
7. It’s a Wonderful Life Sunday, December 4. Permission to use Lafayette Plaza closing Plaza Way with No Parking from 2-7pm from Moraga Road to Golden Gate Way. A Holiday Tree would stand in the Plaza until December 30th. The Chamber will work with the police and public works department to determine appropriate signage to re-route traffic and asks the City’s assistance in publicizing the event in Vistas, the Roundup and Community Center newsletter. Resolution 2022-07 Exhibit F.
8. Additional programming not requiring street closures or use of Lafayette Plaza: Acalanes Car Rally Friday, May 20; Downtown Sidewalk Sale Saturday, July 30; Trick or Treat Street Friday, October 28
Recommendation: Discuss and consider adoption of Resolution 2022-07.
Mayor Gerringer opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Anduri/Dawson) to adopt Resolution 2022-07 Authorizing Closure of Certain Streets and Establishing No Parking Zones for Certain Special Events. Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson and Kwok; Noes: None).
C. E-mail from Mike Kim resigning from the General Plan Advisory Committee.
Recommendation: Accept with regret.
Mayor Gerringer opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Candell/Kwok) to accept with regret and thank Mr. Kim for his volunteer service.
Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson and Kwok; Noes: None).
16. ADJOURNMENT – 9:25 p.m. in memory of Byrne Mathisen.
APPROVED:
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Teresa Gerringer, Mayor
ATTEST:
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Joanne Robbins, City Clerk