City Council, Parks, Trails & Recreation
Commission Meeting Page 1 of 14 March 28, 2022
7 City of Lafayette
City Council
Parks, Trails and Recreation Commission
Draft Meeting Minutes
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1. CALL TO ORDER
Mayor Gerringer called the Regular City Council meeting to order at 7:00 p.m. via teleconference.
2. ROLL CALL
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Present: City Council: Mayor Gerringer; Vice Mayor Anduri; Councilmembers Candell and Kwok
Absent: Councilmember Dawson
Present: Parks, Trails and Recreation Commission: Chair Dougherty; Commissioners Bellenger, Parmalee, and Singer
Staff Present: Niroop Srivatsa, City Manager; Jonathan Katayanagi, Parks and Recreation Director; Greg Wolff, Director of Planning and Building Services; Chief of Police Lt.
Ben Alldritt; Suzanne Iarla, Communications Analyst; Mala Subramanian, City Attorney; Joanne Robbins, City Clerk
3. ADOPTION OF AGENDA
ACTION: It was M/S/C (Kwok/Candell) to adopt the agenda. Vote: 4-0-1 (Ayes: Gerringer, Anduri, Candell, and Kwok; Noes: None; Absent: Dawson.
4. PUBLIC COMMENTS - (for Items Not on the Agenda) - None.
5. PRESENTATIONS
A. Don Tatzin, Board Member, Central Contra Costa Transit Authority Report from the Central Contra Costa Transit Authority
Recommendation: Receive and file.
CCTTA Board Member Don Tatzin thanked the Council for making him the City’s representative to the County Connection Board and said he becomes Vice Chair in July and Chair of July 2023. He then provided a background of the establishment of County Connection, its membership, fixed route bus and contract services, financial review and status, ridership, school bus service statistics, ridership, free rides promotion which resulted in 15% more rides, pre-COVID ridership, previous and current routes, reductions in service due to COVID, reduced personnel, emergency transportation and other services provided relating to COVID, and he described collaboration efforts to increase ridership, improved efficiencies, inter-agency cost exchanges, and a new vendor for ADA para-transit services.
Mayor Gerringer and Councilmembers thanked Board Member Tatzin for his representation and the work to review and improve transit services for the County. Councilmembers briefly posed questions surrounding COVID services, potential new sources of funding, and regular student ridership which could serve to increase routes.
Mayor Gerringer opened the public comment period.
DAVID CLARK encouraged the Council to keep the report in mind when moving forward. If BART gets residential built, the community will need a shuttle. This could also be part of a Downtown Specific Plan for the Mt. Diablo downtown corridor. With respect to schools, he got stuck in bad traffic outside of San Ramon Valley High School and this seems like an area of opportunity. Regarding revenue sources, he asked if CCCTA can accept advertising dollars to raise funds.
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Board Member Tatzin stated they do accept advertising, have done bus wraps, signage on the side, and at peak ridership they made just over $100,000 a year and they contract out for that service.
ROBERT LAVOIE asked if there are statistics for total miles driven, number of customers, and cost per mile per customer to see how comparisons are for the bus system versus people driving their own cars.
Board Member Tatzin stated they update bus statistics monthly. Generally, the fare is $2.50 and it is a lot less expensive than driving a vehicle. He thinks there would need to be education done to make people realize that buses are an alternative. They have considered lots along I-680 to allow the bus to ride on the shoulder during peak periods which might get some attention.
LAUREN HERPICH thanked Board Member Tatzin for his presentation and said they are trying to see how they can collaborate on the Safe Routes to Acalanes project. In seeing the revenue and expenditures, she spoke to Supervisor Andersen regarding grant funding for the School Street bike path from the trail to First Street. She suggested a CCTA grant and she asked to be advised of any available funding.
Board Member Tatzin directed Ms. Herpich to Mayor Gerringer as he is representing CCCTA.
Ms. Herpich referred to Route 625 and said Whitney Simon of the Lamorinda School Bus Program put a survey in the Lafayette School District and she asked if in addition to regulating the school bus schedule she asked about this route and its stops. As a downtown resident, she loves to be walkable, but her son will need to drive to Acalanes. Right now, the stop options are Carol and Mt. Diablo and BART, but the bus passes everyone in the middle. Lastly, the messaging idea is something she and Ms. Simon spoke about in terms of messaging the cost-effectiveness of taking the bus, and they think people will start seeing benefits of using the bus when breaking down costs.
Board Member Tatzin said he will inquire as to why they cannot add more stops along Mt. Diablo Boulevard, and Ms. Herpich said if there was a stop by the library as well as in the Lafayette Orchards and apartment area, many people would use it.
GRACE DIXON said she agrees with Ms. Herpich’s comments, stating she had to drive her kids to school, and she suggested surveying the Trail neighborhood and downtown residents. Adding an additional stop in between Carol and BART would be great.
B. Police Chief Ben Alldritt
Annual Police Report
Recommendation: Receive and file.
Police Chief Ben Alldritt gave a PowerPoint presentation regarding the Annual Police Report, spoke about staffing and challenges that required an increase, stated they had 210 arrests in the community, and described the Uniform Crime Reporting (UCR) data reported to the FBI, roll out of new and additional reporting categories to break things out. He presented a graph showing incidents per month in 2021 under various categories and a graph showing how crime has continually decreased since 2019.
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He then described the reduced calls for service, Person Crimes such as assaults with a deadly weapon, kidnapping, rape, other sex-related incidents, domestic violence, other related crimes, armed robbery, strong-arm robbery. Property crimes included residential burglaries and he described the City’s vacation home checks and residential camera systems. He then described statistics on auto related crimes, commercial burglary, vandalism, identity theft, suspicious circumstances, terrorist threats, forgery and code enforcement top calls for service.
Chief Alldritt then spoke of the Police Canine Program’s purchase of Rocco and his great work, the work of the Crime Prevention Commission, the Citizens Academy, and Emergency Preparedness Commission, presented the Lamorinda Residents Guide to Wildfire Preparedness and Evacuation, the Community Warning System, ALERTWildfire, PSPS Events, Zonehaven and the Lafayette Emergency Radio – AM 1670.
Mayor Gerringer and Councilmembers posed questions regarding the work of Rocco, police response of shoplifting crimes involving people leaving with merchandise from grocery stores, police success rates, statistics for hit and run crimes, benefits of the situational awareness cameras, Mayor Gerringer opened the public comment period.
MARY ANN HOISINGTON thanked the Chief for his presentation, and said there is a mailbox across the street from the Police Department and often times a police vehicle is parked in front of it. She asked and confirmed with the Chief that Department vehicles will no longer park in front of the mailbox.
ABBY FATEMAN thanked the Police Chief and team for their responsiveness, particularly around speeding in the Burton Valley area.
Mayor Gerringer relayed an email received from Jay Lifson of the Chamber of Commerce voicing their thanks for the work of the Police Department, and Mayor Gerringer and Councilmembers thanked Chief Alldritt for his annual report.
C. Parks, Trails and Recreation Commission
Annual Update – Goals and Accomplishments
Recommendation: Receive and file.
PTR Director Jonathan Katayanagi introduced PTR Commission Chair Dougherty to present the annual update of goals and accomplishments.
Chair Joe Dougherty said the Commission will provide an overview of the PTR Commission’s annual report and he cited the work of nine members and three standing subcommittees, the Parks Subcommittee, Trails Subcommittee, one member serving the Community Center Subcommittee and liaison to the Lafayette Community Center Foundation and the Hamlin Parkland Subcommittee. He then introduced existing and new members of the Commission.
Commissioner Carol Singer gave the Parks Subcommittee report, spoke of initial problems given COVID, and she spoke about goals and actions by the Parks Subcommittee for FY 2020-22 as outlined in the staff report, and described specific projects and goals for FY 2022-23 and ongoing Park Subcommittee duties and responsibilities to: A) Acquire parkland; B) develop park facilities; and C) park standards and promoting public use.
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Commissioner Geoff Bellenger gave the Trails Subcommittee report, spoke about specific goals and actions for FY 2020-22, additional FYs 2020-22 action, specific goals for FY 2022-23, and ongoing Trails Subcommittee duties and responsibilities to A) Inspect and maintain Lafayette trails; B) obtain and maintain trail easements; C) construct and renovate Lafayette trails; and D) increase public awareness of Lafayette trails.
Commissioner Justine Parmalee gave the Community Center Subcommittee report, spoke about specific goals and actions for 2020-22, additional 2020-22 actions, specific goals for 2022-23, and gave ongoing Community Center Subcommittee duties and responsibilities to: A) Work toward the completion and improvement of the Community Center per the Master Plan; B) monitor and support staff’s selfsufficiency efforts; and C) monitor and provide feedback on maintenance plans and activities.
Commissioner Singer gave the Hamlin Parkland Subcommittee, spoke about specific goals and actions for 2020-22, additional 2020-22 actions, specific goals for 2022-23, and ongoing Hamlin Parkland Subcommittee duties and responsibilities to: A) Seek input from the public through public outreach and provide feedback to staff and consultants; B) hold continued conversations with the public; C) work with consultants; and D) obtain necessary approvals.
Mayor Gerringer opened the public comment period.
DAVID CLARK pointed out an additional Raingarden project at First and Golden Gate which is not on the report and thanked the Commission for their work.
LAUREN HERPICH thanked Commissioner Singer for pointing out the Hamlin Audio Tour which was one of her favorite projects to work on as a Commissioner. They saw the need for every member of the community to take advantage of outdoor spaces, given COVID. As they look forward, she would ask that the Council support the PTR Commission’s priorities and emphasized the need for more parks in the City’s plans and to work to acquire property.
Mayor Gerringer and Councilmembers thanked the PTR Commission for their presentation and extensive work. Commissioner Singer especially thanked City staff for their work and support of the Commission and its subcommittees.
6. 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 March 14, 2022
Recommendation: Approve.
B. Brook Street Park Improvements Project, Project Number 012-9179 – Final Acceptance of the Construction Contract
Recommendation: Accept the construction contract with Kerex Engineering Inc. as complete and authorize staff to file a Notice of Completion for the Brook Street Park Improvements Project, Project Number 012-9179.
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C. 2021 Road Resurfacing Project, Project Number 014-9726 – Final Acceptance of the Construction Contract
Recommendation: Accept the construction contract with Graniterock Construction Company as complete and authorize staff to file a Notice of Completion for the 2021 Road Resurfacing Project, Project Number 014-9726.
D. 1801 St. Mary’s Road – Request for Construction within the Creek Setback Recommendation: Approve the request for a creek setback exception at 1801 St. Mary’s Road and authorize the City Manager to execute the required standard agreement with the property owner.
E. Lafayette Business Assistance Program Update
Recommendation: Receive and file.
F. Award of Construction Contract for 2022 Surface Seal Project, Project Number 014-9733 Recommendation: Award construction contract to Pavement Coatings Company in the amount of $2,495,851 for the 2022 Surface Seal Project, Project Number 014-9733.
G. Letter from Dwight Walker, President of the Golden Rain Foundation Board of Directors, requesting Lafayette’s support for the $4.9 million grant application submitted by Contra Costa County Fire Protection District to California Department of Forestry and Fire Protection for urgent fire mitigation work in Moraga, Lafayette and Rossmoor Walnut Creek.
Recommendation: Direct staff to send a letter of support for the $4.9 million grant application submitted by Contra Costa County Fire Protection District to California Department of Forestry and Fire Protection for urgent fire mitigation work in Moraga, Lafayette and Rossmoor Walnut Creek.
H. Annual Housing Report for 2021
Recommendation: Approve and direct staff to submit the report to the California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR).
ACTION: It was M/S/C (Anduri/Candell) to adopt Consent Calendar Items A, B, C, D, E, F and G. Roll Call Vote: 4-0-1 (Ayes: Anduri, Candell, Kwok and Gerringer; Noes: None; Absent: Dawson.
7. OLD BUSINESS
A. Greg Wolff, Planning and Building Director and Jean Eisberg, Contract Planner Assembly Bill 2923 Implementation Options – AB 2923 requires upzoning of the BART-owned parking lots to a minimum residential density of 75 units/acre and five stories by July 1, 2022.
Based on Council direction on February 28, 2022, City staff have initiated preparation of draft development standards and objective design standards.
Recommendation: Receive presentation on progress toward drafting zoning regulations and schedule for review. No action required.
City Attorney Mala Subramanian referred to AB 2923 and rezoning the BART parcel where previously Councilmember Kwok recused himself. Since that time, the opinion from the FPPC has come in which has determined Councilmember Kwok does not have a conflict relating to his residence’s location, so he will be participating.
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Jean Eisberg, Contract Planner, gave an update on AB 2923 implementation options, stating on February 28th, the Council directed staff to begin preparation of draft implementing zoning and objective design standards for consideration by the Planning Commission (PC) and the Council, and to return with an update tonight. Since that time, GPAC met on March 15th and recommended to the PC that the Housing Element Update include the AB 2923 BART owned parcels in the sites inventory.
Also, staff received a letter from BART describing the process for moving the City within the BART TOD Work Plan, particularly to list BART owned parcels in the sites inventory. The City would need to demonstrate this through local support for TOD, identify market readiness for TOD and support for infrastructure needs, especially around replacement parking.
Staff has been developing draft standards, will go to the PC on April 18th and then come to the Council with draft standards in May or early June. She was available to answer questions.
Councilmember Candell said GPAC and the PC gave their recommendations and she has spoken to many people about the BART lots. Most everyone is resistant to development and those she has spoken to are thinking three stories and nothing too inconsistent with the rest of the town. The issue is this is not what AB 2923 says. She asked if there are still opportunities to do things like an overlay district where they do not actually do the upzone or could the City put in development guidelines that would be more consistent with the rest of the City while still within the law.
Ms. Eisberg said in terms of the actual zoning standards whether the City chooses to rezone or statutory standards go into effect on July 1st, those standards need to state development up to 5 stories and up to 75 units per acre. However, this is a market driven process and a developer will be responding for RFPs issued by BART in coordination with the City and it is not inconceivable that someone will want to develop a three-story development such as townhomes which is a very popular model.
Second, in terms of more transitioning, they could identify standards where three stories are appropriate potentially as a transition to single-family neighborhoods across the street but that would probably require allowing higher densities in the interior of the site or towards the BART tracks as a way to make sure they can still meet that 75 units/acre threshold.
Vice Mayor Anduri asked to confirm that the City is going down the road of Option 2 on page 10 of the February 28th report. Ms. Eisberg said this is correct and as written, it is the statutory minimum; development standards, parking, height, density and in addition is the extension of objective design standards based on the current standards that exist in downtown.
Vice Mayor Anduri said there are a number of tasks to be undertaken and they cannot be undertaken by June 30th. He asked if it is safe to assume staff is considering how these next steps might relate to the Mt.
Diablo Downtown Specific Plan the Council is considering. If so, he asked if staff will be covering that in the April 11th staff report.
Director of Planning and Building Services Greg Wolff said staff anticipates those aspects being part of the DSP update. He thinks it is going to be detailed out over the next series of weeks and could not promise they would be complete by April 11th.
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Vice Mayor Anduri asked if they were on track to make a June 30th zoning change. Mr. Wolff said yes, they are. This is a minimum timeline at this point, and for some reason if something were to be unanticipated, they may meet it or not, but they are on track for it.
Councilmember Kwok referred to the March 7th BART letter and he read it with interest and concern. The City is categorized in the long-term part of the plan, which was outside the window of the RHNA cycle, yet GPAC has recommended and is counting on those to be included in the RHNA numbers. It seems like in order for the City to be able to have a chance of counting those hundreds of units they must take several big steps to bring this from long-term planning into the mid-term plan. I was trying to understand the timelines and steps the City would have to do. There seems to be a number of steps and he wondered if this is on a timeline to coincide with the PC and Council.
Mr. Wolff said there are multiple steps to be able to ultimately have a certified Housing Element that includes the BART parcels as opportunity sites. GPAC is recommending BART parcels which were subject to AB 2923 and subject to the 75 units or 5-story TOD standards. One of the reasons that Lafayette’s RHNA allocation is as high is because of that transit node. So, he agrees there are multiple steps that need to happen.
Whether they are on path to happen during the PC and Council before the City sends its first draft to HCD, no, he believes it will take longer than that, but staff believes it is achievable before the January 31st deadline for certification. Staff is also coordinating a meeting with BART to flush out additional details on how the process would work to approach and solicit BART’s amendment to its TOD Work Plan later this week or next week, and staff will have more information then.
So, the March 7th letter is consistent with what staff has been told by BART staff and what they have said throughout the GPAC and PC meetings on the RHNA allocation. So, staff has its work cut out for them and the letter emphasizes on page 3 the three items in bold: 1) that BART will consider availability of local funding to support development, especially affordable housing as a key factor in advancing projects; 2) parking and access solutions that maximize development on highly desirable land near station entrances; and 3) minimizing the number of structured parking stalls because they are costly.
He thinks it would be very much a partnership where the City could bring forward what funding it could and then seek out additional funding from other means, as well.
Vice Mayor Anduri pointed out that they are in a worst of a world scenario in that their RHNA number has been assigned based upon them having the transit node in town and at the same time, looking at the letter they may be told that they cannot count the opportunity sites because it is unlikely the city will develop them during this cycle. So, their number has been bumped up because they are putting development there, but then they could be told they cannot count them because they cannot do it right away.
He asked if thought has been given to go to legislative representatives and discussing a way out of this because whether you support development on the BART lots or not it is patently unfair to be given a number that is proportionally higher than surrounding communities based on a BART lot and then not being able to count the units there.
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Mr. Wolff said staff has not contemplated seeking a legislative solution to it but are happy to explore this further and discuss it with Townsend Affairs at the Council’s pleasure.
Mayor Gerringer said if the Council decided to do that she asked would they need to continue moving the process forward to meeting their allocations and getting their plan submitted to HCD.
Mr. Wolff said he believes the City would be obligated to do so. They could find out further the timelines for an actual bill to pass but he thinks it would be prudent to continue on the path they are on in addition to seeking a legislative cure.
Councilmember Candell said the distribution of units is done by ABAG and the City appealed based upon the BART station being in a very high fire severity zone which, in their own process, was supposed to be omitted. They went back and changed their own rules in order to get the City’s in. So, they are out of the time period where appeals could be done. She asked if there is another path for the City in order to find out if the City can include it in their Housing Element without making this prior investment into making this happen.
Mr. Wolff said it never hurts to ask. What staff has been told by HCD staff is to expect not one but two 90- day review periods and they are not able to provide preliminary comments. Staff can ask and see if they can provide an opinion on this before making the time and monetary investment in doing it. If they are unable or unwilling to provide feedback or an opinion, the City will still stay on the same course.
Mayor Gerringer opened the public comment period, and there were no speakers.
Mayor Gerringer thanked staff for the update and report. She knows one suggestion was the Council working with legislative representatives, to ask HCD for a preliminary review and comments, and move forward with asking staff to meet the requirements of AB 2923. If they submit their first draft plan to HCD and they do not approve it, she would say at that time they could hold conversations with legislators, and she does not think it stops the process they are moving forward with now.
Vice Mayor Anduri agreed and thinks there is AB 2923 and the need to upzone and then there is the Housing Element and the RHNA allocation. He is assuming since GPAC has voted to identify opportunity sites at the BART station, and assuming it comes to the Council he thinks they need to move vigorously to be in a position to demonstrate to HCD that it is possible for the City to start building within the 8 year period.
They have to make a strong effort to show HCD that they are serious about developing. This may include consider using part of the redevelopment funds for staff for that project. At the same time, when they meet with HCD, in addition to making their case for the opportunity sites, he thinks they need to make HCD aware of how they got here with this large RHNA number and what it would do to the City if they do not agree that BART sites are opportunity sites. At the same time, he thinks they have to start now in having conversations with legislators to make them aware of this fundamental problem rather than waiting until August. The big question is whether they move forward vigorously to persuade HCD that they are serious about building on the BART lots.
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Councilmember Candell said she unfortunately disagrees, suggested not going to their legislators and work as hard as they can to get the Constitutional Amendment on the 2024 ballot. A much more tactical approach is to indicate to HCD that they will use these sites for RHNA and determine if they accept it.
Council discussion ensued between Vice Mayor Anduri and Councilmember Candell regarding strategy.
City Attorney Subramanian said she will need to work with staff, but given comments from the last meeting, if AB 2923 lapses, expires or if the Constitutional Amendment passes, and the City wants its current zoning to stay in place, she suspects they will do an overlay zone to address that. Otherwise, they have the zoning that goes into effect and she will be coordinating with staff on the comment letter.
Mayor Gerringer asked when this goes to the PC and the Council indicates it will comply with AB 2923, if the Constitutional Amendment passes and it overrides SB 330, AB 2923 the zoning will go back to what it was, they can include proactive things and comply rather than let the State set it.
Ms. Subramanian said if they are pushing to have this parcel be considered as an opportunity site, this puts a wrinkle into the issue because if they unwind it and go back to their base zoning and they move forward with an opportunity site with this many units, they would have to have an incredibly large buffer or otherwise upzone elsewhere to accommodate that change.
Mayor Gerringer suggested the PC look at it before it returns to the Council for the AB 2923 piece, and then when it returns to the Council they can then make a decision. Mr. Wolff stated staff will return with as many options for the Council to consider.
B. ARPA Subcommittee Members Anduri and Dawson and Thomas Myers, Economic Development Manager
Lafayette American Rescue Plan Act (ARPA) Update and Funding Recommendations Adopt Resolution 2022-20 Authorizing the Extension of Certain Ordinances and the Continued Relaxing of Certain Sign Ordinances and Parking Requirements, to allow A frames, banners, and the use of private lots for outdoor activity and temporary partial closure of public streets, specifically on-street public parking spaces for use for outdoor dining through March 31, 2023.
Recommendation: 1) Approve an additional $20,000 in ARPA funds for the Lafayette Shop Local eCard Program to continue assistance to Lafayette businesses in the economic recovery from the COVID-19 pandemic. 2) Adopt Resolution 2022-20, allowing the relaxations of the sign and parking ordinances to allow A frames, banners, and the use of private lots for outdoor activity and temporary partial closure of public streets, specifically on-street public parking spaces for use for outdoor dining through March 31, 2023.
Economic Development Manager Thomas Myers gave the staff report and PowerPoint presentation regarding the funding updates and recommendations regarding ARPA and gave an update on the Lafayette Shop Local eCard Program totals and balance and listed the 9 businesses currently participating in the program.
The Subcommittee is requesting an additional $20,000 of ARPA funds and recommending the following specific guidelines for Lafayette businesses to be included in this continuing phase of the Lafayette Shop Local eCard Program:
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• Business location – new businesses must be a “brick & mortar” commercial storefront located in the commercial district business corridor (no home-based or online businesses) • Business Types – include varied types of businesses for program diversity, dispersed throughout the Lafayette business corridor
• Businesses must have the ability to process eCard transactions through Yiftee, the designated eCard Program facilitator
• Maintain the $5000 total benefit limit per business, which includes $2500 private investment (for the gift eCard) and $2500 ARPA funds (for the Bonus gift eCard) • Maintain the “Buy One Get One (BOGO)” ratio, which is currently 2-for-1 • Maintain the card purchaser subsidy for eCard purchaser fees • Maintain the purpose of ARPA funding, which includes supporting the economic recovery of small businesses as a result of the COVID-19 pandemic
He then described the Outdoor Retail Sales and Dining Program, details of which are included in Resolution 2022-20 which codifies the one-year pilot program through March 31, 2023 to extend current arrangements to allow outdoor retail sales and dining.
He then presented ‘no parking’ zones in red and green where streets are blocked off and no parking fees are collected and dark blue sidewalk areas where there is outdoor dining and retail.
Mr. Myers pointed out an amendment to the resolution under number 5, which states they are allowing the temporary use of sidewalk areas for outdoor retail sales and dining activities through March 31, 2023 at five locations. The area south of Lafayette Plaza is called Plaza Way, so he is proposing to amend the resolution to replace the sentence crossed out in red to read: “The south side of the 3500 block of Plaza Way between Moraga Road and Golden Gate Way.” They will continue to amend the current resolution to reflect new areas of outdoor retail sales and dining program participation.
He then described staff’s recommendation to: 1) Approve an additional $20,000 in ARPA funds for the Lafayette Shop Local eCard Program to continue assistance to Lafayette businesses in the economic recovery from the COVID-19 pandemic; 2) Adopt Resolution 2022-20, as amended, allowing the relaxations of the sign and parking ordinances to allow A-frames, banners, and the use of private lots for outdoor activity and temporary partial closure of public streets, specifically on-street public parking spaces for use for outdoor dining through March 31, 2023.
Additionally, in terms of ARPA funding, the organizations in Lafayette that have either received or sent their ARPA allocations include the Lafayette Partners in Education (LPIE), the Lafayette Chamber of Commerce, the Lafayette War Veterans, as well as the Lafayette Community Foundation.
Councilmember Candell asked if more businesses will be solicited if the Council approves another $20,000.
Mr. Myers said they will allow another 8 or 9 businesses, dependent upon how much eCard fees are so they do not exceed the allocated amount.
Councilmember Candell said if they extend outdoor dining areas, she asked if there was any funding to make them look and feel different. Mr. Myers said one limitation is the $1,000 prevailing wage limitation, so any funding provided to participating businesses would be limited to less than $1000.
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Mayor Gerringer asked if there is a way purchasers can opt to pay the fee under the program. Mr. Myers said this would not work because then staff would have to go back and take those individuals that wanted to pay fees and take them out of the system and redo their cards. He suggested spending money at one of the businesses participating at the program to offset the fees, which are between $1 and $6, depending on the amount of the card purchase.
Councilmember Kwok said ultimately they will have 20 businesses signed into the program, and he asked how many overall applied to the program. Mr. Myers responded that in the initial round, he identified 30 businesses that met the first round qualifications, and he cited issues such as high volume purchases, where it is difficult to enter the eCard information into their system with several customers in the store waiting to make purchases. Some of those businesses opted out of participation, as well as others which have had difficulties training their cashiers, given high employee turnover. This list is being narrowed down to the 11 slots available in the pilot program and he has another 2 slots left, which should be filled soon. He has also received more applications for businesses than they have slots available in the expanded program. If approved tonight, he will use much of the same selection criteria as well as maintain the spirit in which ARPA funds have been received to help businesses in distress.
Mayor Gerringer opened the public comment period.
GRACE DIXON asked if the Council could entertain the same logic of relaxing sign, sidewalk and parking ordinances for activities that include parks and recreation. She feels this idea is worth pursuing given public spaces attract consumer dollars. She asked if there is a time limit on the relaxation of ordinances, asked if they could apply remaining ARPA funds towards exploring or expediting the relaxing of codes for public parks, plazas, and public spaces, asked if the consultant could also study public parking lot utilization in key lots, such as to study the Oakridge parking lot, the Gazebo lot, the Branagh lot and others downtown.
CHRIS HERPICH said he is a huge fan of the eCard program and asked if $5,000 worth of eCards are utilized at a business it is taken off of the program and asked if this can be tracked when a business is about to approach this limit.
LAUREN HERPICH echoed Grace Dixon’s comments and asked if the City is able to look at temporarily partially closing public streets, on-street parking for recreation and traffic safety, particularly School Street, the Oakridge parking lot, Gazebo and she would ask close Plaza Way in order to expand the size of Plaza Park.
CHERYL MACDONALD suggested looking at large parking lots and if there is an abundance of businesses that do not fit qualifications or employees are changed, she asked if there is a list of these that people can support in a greater way.
Mayor Gerringer asked if there is a way for the public to see when businesses might be getting to their $5,000 limit. Mr. Myers said right now, no business is near that limit, but there may be a way to put this on the City’s website. He will be informing businesses they are approaching their $5,000 limit and they will know so their customers will know if their eCards can be used.
Mayor Gerringer asked about speaker comments as to whether the outdoor spaces can be used for recreation purposes as well as parking restrictions around pathways on the way to and from schools.
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City Manager Srivatsa said yes, the City-owned parking lots are public property and the Council can decide to temporarily block off Oakridge for a recreational use. It was purchased because it was an area of high parking demand and as businesses along Golden Gate Way flourish and the Park Theater opens, there may be a need for a public parking lot. However, the City has the authority to temporarily change the use.
Removing parking on the street to allow for safe passage to schools can be done but it involves a process of public and Commission review for recommendation to the Council. Therefore, she confirmed with the City Attorney it is within the authority of the Council to remove parking for certain times of the days and school days.
Vice Mayor Anduri added that a third use that was suggested was closing parts of public streets for recreation and that runs up some limitations they had to consider for this program which relates to temporary closures and the definition of “temporary”.
ACTION: It was M/S/C (Anduri/Candell) to: 1) Approve an additional $20,000 in ARPA funds for the Lafayette Shop Local eCard Program to continue assistance to Lafayette businesses in the economic recovery from the COVID-19 pandemic; and 2) Adopt Resolution 2022-20, as amended, allowing the relaxations of the sign and parking ordinances to allow A frames, banners, and the use of private lots for outdoor activity and temporary partial closure of public streets, specifically on-street public parking spaces for use for outdoor dining through March 31, 2023. Vote: 4-0-1 (Ayes: Gerringer, Anduri, Candell, and Kwok; Noes: None; Absent: Dawson.
8. STAFF REPORTS - None
9. PUBLIC HEARINGS – None
10. ITEMS REMOVED FROM CONSENT CALENDAR – None
11. 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 thanked the Chamber of Commerce for hosting the Citizen of the Year dinner on Friday which was inspirational. He also reported that tickets are now on sale for the May 17th Taste of Lafayette event.
Councilmember Kwok asked and confirmed there was Council consensus to add an item to the April 11th agenda, noting April 22nd is Earth Day and suggested holding a discussion on what the City can be doing, and he will be able to report on this.
Mayor Gerringer echoed comments about how great the Citizen of the Year dinner was and gave an update on the retiring County Librarian who will be a docent ranger in the Grand Teton National Park. On Saturday, she reported on the bike safety workshop put on by the StreetSmarts education program. She and Councilmember Dawson met as the City/Schools committee and met with representatives from the Lafayette and Acalanes school districts, and City staff gave an update on traffic and safety as well as an update on the demographic study.
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She requested staff work with her and the Superintendent to schedule a joint City/Schools meeting and include the Acalanes School District before Superintendent Whitmore officially leaves the District. The School Board selected new Superintendent Brent Stevens from Berkeley School District who will start on July 1st.
Councilmember Candell said she has been working on a response to the audit of the HCD allocations and there will be a response and press release coming from the California Association Alliance of Local Elected officials, which she described.
B. City Manager’s Update
Recommendation: Receive and file.
Ms. Srivatsa reported last Friday the Management staff met at an all-day retreat. They spent the morning coming up with ways to attract and retain staff and in the afternoon they learned about the importance of performance metrics, having accountable work plans and how they develop them. They then went into developing the 5-department work plans together. For the first time, each department came up with their realistic work plans and others were able to look at them, volunteer to help and they were able to critique each other’s plans. She will provide an update at the April 11th meeting.
C. Councilmember Kwok and Vice Mayor Anduri
Resolution 2022-21 Appointing a member to the Environmental Task Force Recommendation: Adopt Resolution 2022-21 Appointing a member to the Environmental Task Force.
Mayor Gerringer opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Kwok/Anduri) to adopt Resolution 2022-21 appointing Colleen McCormick to the Environmental Task Force. Roll Call Vote: 4-0-1 (Ayes: Anduri, Candell, Kwok and Gerringer; Noes: None;
Absent: Dawson.
12. WRITTEN COMMUNICATIONS – None
13. ADJOURNMENT – 10:12 p.m. in thanks and appreciation to Sarah Allen who left the City of Lafayette after serving for 14 years.
APPROVED:
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Teresa Gerringer, Mayor
ATTEST:
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Joanne Robbins, City Clerk