City Council Meeting Page 1 of 22 April 11, 2022
7 City of Lafayette
City Council
Meeting Minutes
Teleconference Meeting – Watch on the City of Lafayette’s YouTube Channel at April 11, 2022 http://bit.ly/LoveLafayetteYouTube Submit public comments to [email protected] 7:00 p.m. before or during the meeting.
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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
Present: City Council: Mayor Gerringer; Vice Mayor Anduri; Councilmembers Candell, Dawson and Kwok
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Absent: None
Staff Present: Niroop Srivatsa, City Manager; Jennifer Wakeman, Assistant Administrative Services Director; Mike Moran, Engineering and Public Works Director; Nancy Tran, Senior Planner; Suzanne Iarla, Communications Analyst; Mala Subramanian, City Attorney; Joanne Robbins, City Clerk
3. ADOPTION OF AGENDA
ACTION: It was M/S/C (Anduri/Candell) to adopt the agenda. Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson, and Kwok; Noes: None).
4. PUBLIC COMMENTS - (for Items Not on the Agenda)
DAVID CLARK spoke about the Downtown Creeks Master Plan, Government Code 66300(i) and the no net loss provision. He pointed out that if the creek setback is determined to reduce residential capacity and there are upzonings or increases in other areas, those two can be offset. Each one would be allowed if their actions occur at the same meeting.
5. PRESENTATIONS
A. Thomas Adams, Avenu Insights & Analytics
Update on City Sales Tax
Recommendation: Receive and file
Tom Adams, Avenu Insights & Analytics, gave a PowerPoint presentation, an update on the City of Lafayette’s sales tax Q4 2021 data, and he covered the following topics:
• Pre-pandemic sales tax drivers, which include restaurants (23%), retail (21%), Internet/nonlocal/pool: (17%), food and liquor markets (15%), gas stations/auto repair (13%) and other miscellaneous of 5% and below.
• Recent cash performance by Contra Costa city, percent of change by month end quarter, and most recent four quarters total.
• Lafayette 1% sales tax performance by category
• Lafayette’s Q4 2021 economic performance
• County Pool/Admin/Adjustments
• 1% sales tax forecast
• 1% sales tax history and forecast
• Sales tax future – assumptions
• Sales tax future caveats – unchartered waters
• Top 25 sales tax producers and top 25 by sales tax category Assistant Director of Administrative Services Jennifer Wakeman concluded the presentation and cited the good news that the City is almost back to pre-pandemic levels. However, given uncertainties the budget numbers will be brought forward cautiously optimistic and will require monitoring.
Mayor Gerringer opened the public comment period.
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STELLA WOTHERSPOON commented that the PowerPoint presentation was not displayed on the Zoom call.
Mayor Gerringer and Councilmembers thanked Mr. Adams and Ms. Wakeman for their presentation which will assist in the Council’s budget discussions.
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
1. March 21, 2022 – Tri-Cities Meeting
Recommendation: Approve.
2. March 28, 2022
Recommendation: Approve.
B. Resolution 2022- 22 Approving the Preliminary Engineer’s Report for the Core Area Landscape and Lighting District 1979-1 and Announcing the City’s Intention to Levy and Collect Annual Assessments for FY2022-23.
Recommendation: Adopt Resolution 2022-22 Approving the Preliminary Engineer’s Report and announcing the City’s intention to levy and collect the annual assessments for FY2022-2023 and setting the public hearing date for May 23, 2022.
C. Resolution 2022-23 Approving the Preliminary Engineer’s Report for the Residential Lighting District 1979-2 and Announcing the City’s Intention to Levy and Collect Annual Assessments for FY2022-23.
Recommendation: Adopt Resolution 2022-23 Approving the Preliminary Engineer’s Report and announcing the City’s intention to levy and collect the annual assessments for FY2022-23 and setting the public hearing date for May 23. 2022.
D. Request from Suzy Pak requesting a proclamation recognizing April 2022 as Child Abuse Prevention Month in Lafayette.
Recommendation: Approve the proclamation recognizing April 2022 as Child Abuse Prevention Month in Lafayette.
E. Request from Cynthia Peterson, Executive Director, Community Violence Solutions, requesting a proclamation recognizing April as Sexual Assault Awareness Month.
Recommendation: Approve the proclamation recognizing April 2022 as Sexual Assault Awareness Month in Lafayette.
F. Park Theater Trust seeking funds from the State for the reconstruction and rehabilitation of the Park Theater.
Recommendation: Authorize the Mayor to send a letter of support.
G. Appropriations request to US Senators Feinstein and Padilla and US Representative DeSaulnier for funding the School Street Safe Routes to School Project City Council Meeting Page 4 of 22 April 11, 2022
Recommendation: Receive and file.
H. Local Roadway Safety Plan (LSRP) – Award of Contract to Toole Design Group Recommendation: 1) Release $17,000 from the General Fund to be used for the matching fund requirement. 2) Authorize staff to enter into a professional services agreement with Toole Design Group in the amount of $89,000 for consultant services to develop the Lafayette Local Roadway Safety Plan.
I. Resolution 2022-24 Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency under AB361
Recommendation: Adopt Resolution 2022-24.
J. Council Priorities and Draft Department Work Plans for FY22-23 Recommendation: Receive and file.
ACTION: It was M/S/C (Anduri/Dawson) to adopt Consent Calendar Items 6A.1, A.2, B, C, D, E, F, G, H, I and J. Vote: 5-0- (Ayes: Gerringer, Anduri, Candell, Dawson, and Kwok; Noes: None).
7. OLD BUSINESS
A. Mike Moran, Engineering and Public Works Director
Design and Implement Traffic Safety Improvements Near Schools as Recommended by the Transportation and Circulation Commission
Recommendation: Authorize staff to design and implement traffic safety improvements near schools as recommended by the Transportation and Circulation Commission.
Engineering and Public Works Director Mike Moran introduced Drew Parker from Toole Design Group who was hired to accelerate projects and is available to answer questions relating to suggested improvements. Staff is requesting the Council review traffic safety improvements near schools which was a priority in 2021.
Mr. Moran then provided a background of work done by the consultant to date, development of recommendations and plans as outlined in the staff report for each school and said plans of short-, mid-, and long-term recommendations were reviewed twice by TransCirc Commission which he briefly presented and described.
Councilmember Kwok asked and confirmed that the next four schools expected to be brought to the Council will be sometime after the second meeting in May or in June.
Vice Mayor Anduri asked Mr. Moran to talk about the relationship between the temporary bike path along the north side of School Street and the item in the Toole report from February 22nd under longer term SL16 which is “Install shared use path on the north side of the street similar to the path on 1 st Street.” He
asked if staff looks as this as a pilot program for that and, if so, he asked if there are metrics to be gathered first.
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Mr. Moran said yes; this would serve as a pilot program or pulse of people and give the City an idea of the users. They know there are currently people trying to utilize this area where there are parked cars and staff is certain improvements would provide a better line of sight and a true pathway for bikes. Part of the review would be survey-based and observation-based. Ideally, it would serve as a connection between the 1st Street multi-purpose path and the regional trail, as well as the entire community.
Vice Mayor Anduri asked how long a pilot program would be needed before the City could apply for federal or state funds for such a project.
Mr. Moran replied the City is already applying for funds but does not have a shovel-ready project or design, and that level of design and cost could also vary quite a bit, which he described.
Councilmember Candell said the new path between Springhill and the Briones parking lot along the east side is a new addition. What she did not see was the bad sidewalk area in front of Springhill School where all of the kids and bikes go to make a hard left into the school. She asked Mr. Moran for an estimate of what it would cost for such an improvement.
Mr. Moran confirmed Councilmember Candell was referring to the area just on Springhill by the drop-off area, and Drew Parker of Toole Design Group clarified that this is identified as SP9.
Mr. Moran explained there is a vertical drop there which is the difficulty. To make it a wider and better sidewalk through that area, he would have to address the road elevation, driveway, a tree that used to be there. So in essence, it is an expensive piece of sidewalk.
As far as a shorter term and less expensive safety improvement, they are talking about putting some sort of barrier so it is protected and people are not going into the steeper grade and into the road over the curb.
Councilmember Candell said many people wrote in about protecting kids on the pork chop from the traffic on Pleasant Hill Road. She was surprised something more serious was not included to protect kids here.
Mr. Moran explained they held this discussion and there could still be some pedestrian barriersthere. The pork chop is definitely there and is where people are landing and waiting to cross.
Mr. Parker added they discussed this at the TransCirc Commission meeting and this is still something they could add in. It did not make it into the report in advance of the meeting. What they talked about was whether there was potential to traffic calm vehicles on Pleasant Hill Road, and the sense of discomfort which comes from the high speed traffic on the road. This is a much bigger scope of project but this is potentially something that could be part of the Vision Zero Action Plan.
Councilmember Candell asked if some quick project could be added to make people feel a bit safer. Mr.
Parker said yes, it is something they could add in, and this was also mentioned at the TransCirc Commission meeting, as well.
Councilmember Candell referred to Stanley Middle School and asked why the Paradise and School Street (SL2) need the curb bulb out but not Avalon and School Street.
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Mr. Moran explained the biggest reason is where there are the most users. A good point was brought up by Vice Mayor Anduri today to him that if they do the bike path the bulb out would be in the same place as the bike path. These were reviewed in an isolated and independent way. If they did the bike path they might not have the bulb out there or they may have something to indicate this is a crosswalk here, but it would not be that barrier.
The costs are driven by the concrete work at the ramps to make them ADA compliant and where they have another crossing to put ramps in where none now exist. This is why there is a cost difference. They may be able to do the flashing beacon crossing for a little less than $40,000 if he could literally plant them out there, but they will need to locate them in a protected place which is also visible and then they have to make an ADA compliant ramp from the sidewalk to the push button and then across the street. So, there is more that goes into it as well as costs. Each time they touch the streets it must be done in a Complete Streets way. The bulb outs are areas chosen where most are needed and at Paradise, there would be a bike path going through any bulb out.
Mr. Moran added that these would be exempt from CEQA and staff would file a Notice of Exemption. They would all be quick-build and would be within the improved areas that are already street and sidewalk.
Mayor Gerringer opened the public comment period.
ERNIE SEXTON said he and Denise Kotaras own a home on the corner of Avalon Court and School Street and only just received a letter about this. The City putting in a bike path and taking away parking in front of their home will impact them tremendously, as well as their property value. Their driveway is on Avalon Court and they already deal with many cars. They will lose parking and it is already an issue. There are no houses across the street where Stanley is and he suggested putting a bike path on that side.
Secondly, they rarely see people riding their bikes back and forth from the school. They either go from the trail or come over from Avalon Court. It is not in between the two crosswalks and this takes away parking in front of their home.
Vice Mayor Anduri noted that the Council will not be deciding this one tonight, but giving direction. Also, before moving ahead with anything that removes parking spaces it must go to the TransCirc Commission and then return to the Council, with full noticing and review.
ERIC LAW cited the importance of bike and pedestrian infrastructure projects, said these are about sharing infrastructure and 90% of roads have been dedicated for cars but many people ride their bikes and walk their kids to school. There are no sidewalks in the town which result in deadly accidents. Risking lives for potential parking is a poor use of public right-of-way and it is about sharing. Many streets in town have two-lane roads and parking a car on a street blocks one full lane. Their home values are fine and there are no reductions. In fact, Moraga Boulevard and those bordering the trail have the most expensive real estate in Lafayette, and bike and pedestrian infrastructure raises real estate values and it deserves to be safe.
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BILL HOGLUND said he lives next to Ernie Sexton on School Street and disagrees with the previous speaker because he is talking about bike paths and they are talking about pedestrian safety for kids going to school.
He spoke with Mr. Moran about easy fixes which are to put speed bumps on School Street to slow down vehicles, restripe crosswalks, and put very vibrant flashers so people know kids are crossing the street. He has a hard time backing out his car from his driveway as does Mr. Sexton, and with a bike path with kids traveling on it would be more dangerous than beneficial. He also thinks the City should locate it on the south side of the street and remove parking along the middle school as a better solution.
Councilmember Candell noted one consideration before the Council are speed humps on School Street which is where the speaker is referring to. Mr. Hoglund noted that his sister lives in Burton Valley and the speed bumps installed are ineffective. Those the City needs are the big 10-foot wide ones found in the Rheem Shopping Center, as these will slow down people.
CHERYL MACDONALD asked when the pilot program would take place, given school is almost out.
Mayor Gerringer said the staff report indicates the recommendation would be to implement some of the recommendations over the summer so they would hopefully be in place as school starts next fall or in August.
Ms. MacDonald asked if postcards were sent out or she asked if they are only mailed out when there is a project going in permanently. Mayor Gerringer said this will be covered after public comment.
MARILYN SIBLEY voiced opposition to a temporary pilot and removing the parking between Avalon and Paradise on School Street. She asked to slow down SL9 because it was just moved up to a priority from mid-term and thinks there needs further investigation of using the south side of the street and also looking at St. Mary’s as a possible drop-off and pickup area. Removing parking will make Stanley pickup even more dangerous and it will push parking for the trail, schools, people going to the school, and local businesses on School Street to Avalon Avenue and the three courts. She also cited outdated traffic calming reports and traffic studies, asked to obtain facts before work is done and noted there are also fewer students at Stanley now.
JENNIFER PAUL said she wrote a letter and spoke about outdated safety information, said she attended the March 30th TransCirc Commission meeting and a few items discussed were not included in the staff report. She reiterated the island’s importance given safety issues, said included but not discussed was adding red light cameras at Pleasant Hill Road at Stanley and the Springhill/Quant area, and she thanked staff for adding in the school zone flashing beacons.
Regarding moving the northbound pedestrian push button at Pleasant Hill Road, she sent photos today and said one must stand with their back against traffic. She also asked to add the school assembly crossing sign to the east side by Pleasant Hill/Quant Road, clean up the debris from the south side of Quant Road to make the walkway usable, add a speed bump or stop sign at Quant and Quant Road, and if funds become available to redefine the Quant sidewalk from Pleasant Hill Road up to the pipeline because this gets utilized heavily, as well.
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JESSICA LORDAN said the City has made a lot of progress in making streets safer for everyone. She voiced support for extending the connector from the Lafayette-Moraga Trail down to 1st Street, noted that this multi-use path would be used by everyone, said she wonders who gets the voice in this and asked that everyone’s thoughts be included. In 1979, the Fairview School closed and every student now goes to Stanley Middle. Neither the City or the School District has done anything meaningful to mitigate the huge increase in traffic. One of the easiest ways is to provide safe passage to the downtown areas and into the schools. She voiced appreciation and said this is the Council’s chance to show its leadership and make a difference in the City.
LISA WILLIAMS said she is a Springhill mother and reiterated Ms. Paul’s comments regarding the pork chop and shared a picture of what she sees every day, with 30+ kids. She asked if not allowing kids to wait at the island could be an option. When coming down Pleasant Hill Road there it is a turn so if a driver were to go straight they would go right through that pork chop. She also heard Councilmember Candell ask about the Briones path to Springhill and asked to see if there was anything heard back from the district about opening that gate. She saw caution tape there today which was great to see something done temporarily, but asked that this be addressed, as well.
MEGHAN MITMAN raised the concept of Vision Zero and said she is hearing a lot about death by process.
The Council now has a policy on how to make trade-off decisions and make priority decisions. She encouraged the Council not to water things down and compromise safety. Vision Zero is in place and now they are hearing the same things again they heard before. She asked for the Council’s leadership, asked to revisit the Vision Zero policy and determine whether a pilot with rounds of hearings and other studies is really consistent with that policy.
Vice Mayor Anduri asked if Ms. Mitman was advocating for the $465,000 project that is not included in here rather than doing SL9 and SL3.
Ms. Mitman said she was advocating for doing SL9 while the City gets the money together. She would love for the 1st Street trail to go around School Street and go all the way up to the Lafayette-Moraga Trail. This is the ideal vision, but this is years and years into the future.
Vice Mayor Anduri said when he asked Mr. Moran whether they should regard the step here as a pilot this is what they would do because they do not have the money now to do the other item so he was not sure if he understood Ms. Mitman’s comments.
Ms. Mitman explained she would call that a quick-build and not a pilot. A pilot implies the City is studying it and that they do not think it is needed.
Vice Mayor Anduri said this is a misunderstanding. He would say they would study that in order to bolster what they are doing on the other permanent project. He would also point out that they need to individually notify property owners which is a legal step.
Ms. Mitman said she just thinks the City could have done that in a more expedited manner rather than sending it back to TransCirc and start the process all over again.
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JENNIFER LIEBERMANN echoed Ms. Mitman’s comments that she supports all of the short-term recommendations. She thinks it is important to do a quick-build, particularly a bike path that goes all the way from the trail to 1stStreet, believes language is important and quick build implies the City is going to do this and that they will learn from it and adapt. She understands those who live on School Street may not see people biking down School Street other than students going to Stanley. There are more people who would like to bike down School Street who are not just students at Stanley and she is one of them.
She has tried to ride her bike from Burton Valley down the trail to downtown and at 8AM during drop-off and it is very scary.
She thinks these are tough decisions as they are moving away from a community built around cars and they are saying they value all users. But, she thinks this needs to be a conversation about “we” instead of “me” on one street. She also agrees the City has passed a Vision Zero policy and it feels there is a lot of process going on but no action, and she asked for a leadership role and things to happen.
GARY RISKE said he and his wife live at the top of Topper Lane and the Moraga Trail exits just next to their house. He asked if there has been any consideration of putting the bike path on the south side of the street where the school is rather than taking away parking from the residents on the north side of the street and businesses that sometimes use that parking, as well. He strongly encouraged the Council to consider this option as opposed to the north side. Secondly, he asked why the property off of St. Mary’s Road used more consistently for drop-off and pickup, as there is plenty of room and parking.
STELLA WOTHERSPOON said she is speaking as a citizen and not a TransCirc Commissioner. She thanked the Council for placing road safety around schools in their list of priorities for this fiscal year and for committing funds for improvements. She supports all projects before the Council but wanted to highlight the need and high safety impact of SP12. The relocation of a pedestrian button on Quant and Pleasant Hill Road is needed and recommended under SP14.
Not addressed in the list of project for which Toole is researching solutions. It is protecting pedestrians while standing in the Springhill Road and Pleasant Hill Road pedestrian refuge island or pork chop. She cited the numerous reasons the island is not safe, thinks something installed there is better than nothing right now, cited examples in New York City, and she asked staff to work with Toole on pursuing measures there.
CYNTHIA SAYEGH said she is a Springhill parent and lives off of Pleasant Hill Road between Springhill Road and Reliez Valley where they walk to and from school daily. She witnesses many things and reiterated the safety needs at the pork chop island which is where her kids stand everyday to cross. Another thing discussed in the previous meeting which is critical for prioritization is having the raised crosswalk from the island over to the sidewalk running along Springhill, which she described.
LAUREN HERPICK said she is very excited when she learned of the item on the agenda but it worries her that no notification was given to neighbors. She echoed Ms. Mitman’s comments for action and questioned the amount of parking people really need at the expense of safety of children, given most homes have two car garages and a driveway for two more cars. She noted an example where 8 parking spaces were removed on Quant Road in front of 4 houses and it works, said trails and bike paths are good for property values, which she described.
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CINDY KEPHART thanked Councilmembers and staff for their work, said orange pilons have been put across the gate to the trail and all the way up to Paradise which has made a tremendous safety difference for kids. She strongly supports a permanent bike path from the gate up to Paradise and would also support from Paradise up to 1st Street because it makes sense. Much of the parking on School Street is school staff and there were empty spots in the school lot, so it was not that they did not have that opportunity. Lastly, she and her husband have always backed into their driveway so they could front out onto School Street, and they found it was never comfortable trying to back out.
Mayor Gerringer questioned the notification sent out to neighbors.
Mr. Moran explained it was done with the stakeholders, the school and school walk-abouts. There was nothing different than their noticing for the TransCirc Commission meetings. He added that staff did not know what recommendations were going to be referred up to the Council, i.e., the section between the trail and Paradise. Everyone wants to try this no matter what, but there was discussion and an add-in of using the parking for the bike path between Paradise and 1st Street, as well. So, until the last TransCirc Commission meeting before he prepared the staff report they did not know what was going to be recommended to the Council to consider. Typically when they change parking, staff includes a resolution and this is usually contentious no matter where located. He noted staff also heard from some about the need to keep it as well as those not having it and allocating the space for a dedicated bike path.
Councilmember Candell asked if the City is legally required to notify residents if the City removes parking.
City Attorney Mala Subramanian said under both the Vehicle Code and the City’s Municipal Code, there is a requirement to adopt a resolution but no additional noticing requirement. The prohibition on no-parking does not go into effect until signage is placed. She suspects that after signage is placed the Council will hear from members of the public who live in that immediate area if notice has not been given.
Vice Mayor Anduri asked and confirmed that any resolution would need to be adopted at a subsequent meeting.
Mayor Gerringer said if the Council determines it wants to approve some or all recommendations asked if the Council’s recommendations would next go to the TransCirc Commission.
Mr. Moran said no, they already made their recommendations, such as deletion of parking for SL9. They thought it was important enough to still refer it and make the decision to move forward with that.
Regarding costs, he is looking for permission and funding to implement these projects. The one exception would be where a resolution is needed to delete parking.
Vice Mayor Anduri asked if these would then simply return to the Council given the TransCirc Commission has already made their recommendations.
Mr. Moran said this is the fastest course, and the TransCirc Commission were aware of the trade-off’s and were in favor.
Vice Mayor Anduri asked and confirmed the Vehicle Code Section to remove parking is 22507, and the LMC mirrors that which is 8-890.
Vice Mayor Anduri asked if the Council’s adoption of Vision Zero overrides that.
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Ms. Subramanian said she believes the Vision Zero policy did not implement preventing no parking in specific areas.
Vice Mayor Anduri said the Council would need to adopt a resolution, and Ms. Subramanian confirmed this needs to be done to remove parking.
Mayor Gerringer asked and confirmed that Batch 1 does not need to go back to the TransCirc Commission and the resolution would need to be adopted by the Council to remove parking. Also, the City would prepare notifications to ensure residents are aware this was returning to the Council, with opportunities for public and written comments.
Mayor Gerringer also said the other question was whether the Council looked at putting the path on the south side of School Street.
Mr. Moran said they have looked at both sides of School Street over the last decade. The obvious reason for the north side is that it is the direct connection without crossing of School Street from the trail to the 1 st Street pathway. One of the speakers talked about crossing and then crossing again.
The other issue is that the frontage along the school to cross is problematic already because it is a parking lot where people come in and out of and it is congested along the frontage and the lot. This could be considered but they would have to have dual delineation across the parking lot. This is why the recommendations are what they are. They could in the future look at jogging this back and across School Street if they were to go to a full design for a permanent solution, but the quick build lends itself to the north side of the street, which includes plastic delineators as a barrier between vehicles and bicycles.
Mayor Gerringer stated Councilmember Candell brought up the Briones path to the front of the school.
She has spoken with President Sturm of the School Board who are also talking with the EBRPD and Superintendent Whitmore is the point of contact as to people reaching out to him with any comments.
There has been caution tape put up along the EBRPD trail to limit and delineate where the path is from the parking, and this is short-term. They are working through the school district and EBRPD to see what can be done.
Vice Mayor Anduri thanked staff, the TransCirc Commission and all speakers because a lot has gone into this. He agrees that the Council should direct staff to complete quick build plans, solicit contractor costs and complete work for recommended alternatives listed in Tables 1 and 2 other than Items SL2 and SL9.
They should also direct staff to work with Toole Design Group on the additional safety measure on the pork chop at Springhill School.
With respect to SL2 and SL9, personally he is very excited about a quick-fix link between the trail and 1st Street because this is one where if they build it people will come and use it. They do need the due process of another meeting to adopt the resolution and to listen to all comments on the item. He also understands that the Council is approving the first batch for a certain amount of money and appreciates staff’s estimate on the second batch even though it adds up to $1 million because this is one of their top priorities.
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Councilmember Kwok fully agreed and echoed Vice Mayor Anduri’s comments. He is proud of where they are at this point in time from 4 or 5 months ago. He thanked Toole Design, staff, TransCirc Commission and community members for their involvement and is hopeful they are on the right track. He also is excited about connecting the bike path to the downtown, and he is more interested in a more permanent solution for the entire community.
Regarding funding, the Council set aside $500,000 for this and it goes quickly. He would like to know whether some pickup could be done on Moraga Way to alleviate pressure on the School Street pickups so it will come down to raising money to do these things.
Councilmember Dawson agreed, echoed comments and she spoke about the importance of keeping roads safe. She thanked speakers tonight and said the Council respects their opinions and hopes to see them at the next meeting.
Councilmember Candell agrees with all comments and appreciates the work. She referred to the path on the east side of the school Mayor Gerringer referred to. She thinks the pork chop outweighs this area, so she recommended taking the $146,000 and somehow do something good for the pork chop plus all items Jennifer Paul recommended, such as cleaning debris and other items and so it does not need to return to the Council.
Mayor Gerringer summarized these items include: 1) signage on the other side of Pleasant Hill Road; 2) an additional pedestrian button; and 3) cleaning the vegetation debris on the other side of Quant Road and also right before the crosswalk at the channelized right turn.
Councilmember Candell asked Mr. Moran about red light cameras.
Mr. Moran said this came up as a conversation piece like a 15 mph school zone speed limit. It is something the Council should look at citywide and not at a specific location. It is a legal and enforcement conversation, as well as hiring someone to implement it.
Councilmember Candell asked to take the $146,500, not do a complete path but put some barriers there to protect kids on the east side instead of redoing the entire path, improving the pork chop, adding pedestrian buttons, and adding signs for the total for what would be a better proposal today.
Mayor Gerringer summarized that the Council is supporting approving everything in Tables 1 and 2, except for SL2, SL9 and SL14 and she would like to propose continuing these to a date certain for the next meeting which would provide time for notification, a resolution, and holding discussion with the public. She asked to modify SP13 to use that money to do items discussed such as review the pork chop and putting in barriers as a priority, adding pedestrian buttons on both sides, additional signage and clearing debris off of Quant.
Councilmember Kwok referred to the pork chop island barrier and said a vehicle going 55 mph would hit it and go right through it. Therefore, he suggested a structural solution such as use of concrete.
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ACTION: It was M/S/C (Anduri/Candell) to authorize staff to design and implement traffic safety improvements at Stanley Middle School and Lafayette Elementary School described in Table 1 and at Springhill Elementary School described in Table 2, modifying SP13 and returning April 25th with a resolution for items SL2, SL9 and SL14. Vote: 5-0- (Ayes: Gerringer, Anduri, Candell, Dawson, and Kwok; Noes: None).
ACTION: It was M/S/C (Dawson/Candell) to authorize release of $500,000 in funds from the Vision Zero Capital Improvement Seed Fund and a fund transfer in the amount of $112,000 from the General Fund to Fund 014-620-906; Capital Improvement Projects, to implement these safety improvement projects.
Vote: 5-0- (Ayes: Gerringer, Anduri, Candell, Dawson, and Kwok; Noes: None).
BREAK
Mayor Gerringer called for a break at 9:18 p.m. and, thereafter, reconvened the regular meeting at 9:24 p.m.
8. STAFF REPORTS
A. Density Bonus Ordinance Review – Re-evaluate existing Ord. 637 with respect to: existing tiered hearing body review, incentive language, and State Density Bonus legislative updates. The question before the City Council is whether to direct staff to prepare a draft zoning text amendment for the Planning Commission and City Council to consider at a future date.
Recommendation: Direct staff to prepare a draft zoning text amendment of the Density Bonus Ordinance for future consideration by the Planning Commission and City Council at public hearings following public notification.
Senior Planner Nancy Tran gave the staff report and overview of density bonus ordinance for the Council’s review. She presented and described various issues and analyses, as outlined in the staff report and as follows:
• Issue #1: Hearing body for different tiers
• Issue #2: Public art incentive
• Issue #3: State legislative updates
Staff recommends the Council review staff recommendations, provide feedback, and direct staff to prepare a zoning text amendment of the ordinance.
Councilmember Candell said she thought SB 330 would have not allowed an appeal. It sounds like in this report if the Council decided to give up their two meetings, Council could still have an appeal and SB 330 allowed that, which is different from what she remembers.
Ms. Subramanian said SB 330 allows an appeal. It just counts towards the 5 hearings. As Ms. Tran mentioned, the goal would be to ensure it gets concluded at 4 hearings at the PC level such that if an appeal is needed or processed, the Council would still have one more hearing to hear the appeal.
Councilmember Candell asked if therefore the request tonight is to not reserve two meetings but one meeting for the appeal, and also change the requirements.
Ms. Subramanian said yes, and to make the PC the final decision-making body for most if not all of these applications, such that the Council would only hear the item if appealed.
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Mayor Gerringer opened the public comment period.
DAVID CLARK said it bothers him that the Council gets taken out of the equation for Issue #1 except for appeals. The Council are the elected members and are supposed to be hearing tough issues; however, it may be efficient overall but not for the PC because those things in Tier 3 will be heard presumably by the PC. Regarding Issue #2 regarding the Public Art Committee, it has the highest incentive rate of 1% and it gets disposed of at the lowest possible tier, even there is a complete waiver. He encouraged the Council to do something to improve the chances the PAC has of having something left. Some of the fees are deferred, some are reduced, and others are outright waived so he asked the Council to improve the situation for public art which is the low hanging fruit, and the first concession.
With respect to Issue #3, he is opposed to incorporating it by reference of the State statute. State law will apply whether incorporated or not. If incorporated it by reference he would think fewer people would read it or realize the necessary action to improve the City’s position with respect to some of the housing laws seen already and in the future. Lastly, he asked to limit the scope only to the housing ordinances.
Vice Mayor Anduri said public art is 1% and he believes the PAC’s proposal is to at least make it 1/10th of 1%. He asked if that could be higher and he asked if the Council has the discretion to set it at any level.
Ms. Subramanian said someone could request a full waiver. There could be different thresholds of which tier is hearing the different percentage, but a waiver could be requested of the full amount.
Vice Mayor Anduri said therefore the PAC might be laboring under a misconception because they received advice that there is a minimum they can set; that even if the 1% is waived, there is still 1/10th of 1% if the ordinance is changed that would apply.
Ms. Subramanian said no, an applicant can request a full waiver and the City will have to decide it they can grant it. The art requirement is really a design standard and applicants could choose to reduce the amount for a win/win for everyone, but there could be situations where a full waiver is requested. She recommended this could be reworked and brought back to balance both perspectives but it may not be the exact desires of the PAC.
Vice Mayor Anduri referred to Mr. Clark’s comments and said even if incorporated by reference, the Council can still amend its statute to take advantage of any ambiguity in State law or a choice State law offers the way SB 9 offered. He asked and confirmed the Council is not precluded from doing that if they choose to incorporate by reference.
Ms. Subramanian said this is correct. She thinks the intent was to reference the applicable Government Code sections. Due to density bonus laws’ revisions almost every year, it is hard to keep up and staff seeks to capture the language in the statute into the ordinance, but it quickly becomes out of date. Staff is seeking to just reference the State requirements that apply and everything they have discretion in would appear into the ordinance so they are not repeating State law in the ordinance.
Councilmember Candell said in the reality where there might be a Constitutional Amendment where the City will have the ability to make their own laws and not accept State laws, she asked if there is a way to consider this when writing it. They would have to go back and undo if the Constitutional Amendment passed.
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Ms. Subramanian said the old ordinance still references State law. They are just now out of date, so if the Constitutional Amendment occurred she would suggest the Council adopt a series of urgency ordinances to deal with that and then clean up the code so the City can accomplish City perspectives as opposed to State law.
Councilmember Dawson said it would be important to have the Legislative Committee is on top of this and for them to bring topics to the Council. Regarding the issue with the number of meetings and appeals it is important that the Council be made aware and she would support some mechanism for the Council to know what is coming before the PC. At times, they also can consider a joint CC/PC meeting, as necessary.
Councilmember Candell asked if there is anecdotal evidence that the City is getting better projects because they must face the City Council versus just the PC, and Councilmember Dawson said she feels there have been benefits.
Mayor Gerringer said Mr. Clark suggested this creates more work for the PC when really they currently are seeing almost everything, and she asked if that was so. Ms. Tran said it would not because they would be required to review projects before forwarding their recommendations to the City Council.
Mayor Gerringer said it is about the 5 meeting cap and allowing for that appeal option. She thinks the PC would push back on certain State law requirements, i.e., EV ready and charging stations, to the same level as the Council would. It puts it on the PC and then the Council would deal with the more nuanced projects on appeal.
Councilmember Candell said she agrees but there has only been one appeal and she feels very uncomfortable removing the Council from the process.
Mayor Gerringer said part of the reason they do not get appeals is that they only come when there are tough issues to decide upon.
Vice Mayor Anduri agrees that is why the Council has not been getting them. There is nothing to appeal to the Council. He agrees that if the Council were to change this, he would want to look at the appeal ordinance and waiving the fee and considering an appeal is just the normal course of the process. His understanding is that when this was first adopted, there was very strong feeling that these things were very important to the City and the Council needed to be the final decision-maker as a matter of course.
As soon as he and Councilmember Dawson came on the Council there were three development projects that took two long meetings each. It was after those that Councilmember Burks said he was in favor of having the PC decide on them. He knows that it was clear that through the workshops, initial meetings with the DRC and PC resulted in 3 projects in early 2021 which had significant improvements made. He thinks if they had given the PC and the DRC another meeting they might have worked out even more of the issues.
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Basically, the Council should not work out design issues so frankly, he was not sure how he comes down on this tonight and would like to think about it more. He would like more of a report of how Planning staff and the PC and DRC members see it and whether they think it would be a better process if they had an additional meeting. If they do not have a strong reason for changing it they should continue as they are but still gather information and consider it again in a year.
Councilmember Kwok asked and confirmed with Ms. Tran that on April 4th the PC voted in favor of putting this onto the Council’s agenda.
Councilmember Dawson agrees with the need for more information regarding the rationale because those three projects were large with waivers and concessions and these can change the character of the town.
And, she also agrees the PC and the DRC are important in shaping these projects, but the Council merits weight in pushing back especially before they have design objectives in place for the downtown. If this means some sort of mechanism that they allow the PC a second meeting as opposed to the Council having two meetings, that might make sense before changing the process.
Mayor Gerringer referred to Issue #1 and said she heard they get better projects and a request to having staff return with more information, and she asked and confirmed Ms. Tran she was clear on what would come back, as well as modification of the appeal process.
Regarding Issue #2 and the Public Art Committee, Ms. Subramanian indicated staff would write language to take into account the PAC’s request and recommendations as much as they comply with the current ordinances and the law, so this would return as well.
Councilmember Candell asked if something changed that caused the Council to come into this situation for public art. Ms. Tran said it was because of the Lafayette Lane and the Park Theater Trust donation.
Vice Mayor Anduri said what he understands is the Lafayette Lane request for waiver was not linked to the donation to the Park Theater. They were separate items. Any developer providing a density bonus can ask for a waiver of the public art. So, the PAC is concerned that this could mean then in each project where a density bonus is involved that there would be nothing for public art. Therefore, they would like to have at least some form of public art contribution. So, he supports looking at what they could do about this and ask staff to return with language.
Mayor Gerringer said regarding Issue #3 and incorporating State law by reference, she asked how Councilmembers felt. She believes they were close to moving forward with that, with the assurance they would be able to still make decisions even if they incorporate by reference, and Councilmember Dawson requested the Legislative Committee bring forward any recommendations.
Councilmember Dawson asked if it was standard or norm for cities to adopt by State reference.
Ms. Subramanian said she would re-characterize the “adoption by reference” as referencing that State law applies. It would be a bit novel and thinks cities have been adding the provisions of State law into their ordinance; however, it is changing rapidly so ordinances get out of date and do not match State law.
This is just one way to ensure the City is in keeping with State law which strips out language and referencing that State law applies.
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Vice Mayor Anduri asked and confirmed that City planning staff would still keep up with changes in State law for applications. Therefore, they are not saving time in following what State law is and being able to explain. It is not having to write it up and codify it in the LMC.
Ms. Subramanian confirmed, and also for the public to know that the City’s ordinance does not trump State law should there be any difference. She clarified in response to Councilmember Dawson that it would be novel in the sense that most cities have been copying State law and including it in their ordinances. However, some of the State law language has been updated frequently so it allows the City to keep up by referencing that State law applies. If the Council did not update the ordinance State law would still apply.
Vice Mayor Anduri said this eliminates the possibility of confusing the public if a City’s ordinance is not up to date.
Ms. Subramanian noted that the law requires the City to adopt a density bonus ordinance explaining how they are going to implement State law, so they would still be consistent with that. They would just be clarifying the areas they still have some ability to regulate.
Mayor Gerringer summarized that staff has direction on the Council’s discussion on the three issues. She asked and confirmed that staff will draft the zoning text amendments to go to the PC and then it will return to the Council.
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 conveyed thanks from the Park Theater Trust Board of Directors for the action the Council took earlier this evening. Mayor Gerringer noted this is a letter of support in their effort in applying for community-based funding.
Councilmember Candell reported that the State Auditor came out with a report about the RHNA process and said it is incorrect, gave the DOF, HCD and the legislature a list of recommendations. In addition, there is currently a lawsuit from the Orange County Council of COGS and some cities against HCD for their RHNA allocations. She has held meetings with the attorneys that brought the lawsuits against HCD, met with the experts on interpreting the State Auditor’s report on what they think is a massive overcount in the RHNA numbers.
In addition, the same two attorneys also have a new lawsuit against the State for SB9. They have four charter cities and a general law city. She would like to bring them to a Council meeting and explain what these lawsuits are and what they might mean for Northern California, as well as receive an explanation about the audit report and what it states. She said the City of Lafayette can join in these lawsuits and she asked if there is interest from other Councilmembers to set this up and bring it to a future meeting.
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Councilmembers Kwok and Dawson voiced their support of receiving the report and being able to read it.
Ms. Subramanian asked if there is an interest in agendizing this for a future meeting or just an interest to make the information available for Councilmembers public. She thinks there is the ability to make the available the information to Councilmembers and to the public, and Councilmember Candell said she will work to do this in a reasonable manner.
Councilmember Candell said she has heard from residents and said she has great respect on how the Council runs its meetings. The Mayor never takes over the meeting and makes it go in a certain direction; however, it seems like people are questioning whether this is occurring at the Commission level. She asked if the way the Council runs its meetings can be taken to the Chairs of Commission meetings with the understanding that this is the way meetings should be run.
Mayor Gerringer said she and the City Manager discussed this at the March 5th session; to work with Commissions on roles and responsibilities, recognizing there had been training in previous years and she thinks this can help push this process along.
Mayor Gerringer referred to Community Day and their work with the Chamber of Commerce. She reported projects will be coming out and on April 25th, the website will go live, and people will be able to sign up for projects for the June 4th Community Day event.
B. City Manager’s Update
Recommendation: Receive and file.
Ms. Srivatsa reported on the flying of the Ukrainian Flag, stating the City has received many comments of support as well as a couple of emails from people questioning why the City decided to do what it did. On March 5th, the Council authorized staff to hoist the flag at the Plaza as a sign of support to the Ukrainian people and gave her the latitude when and for how long the flag would be flown. Initially, she had thought that matters might be resolved and they would fly the flag for one month which would have expired this weekend.
However, given the turn of events, her plan now is to fly the flag until May 27th which is just before the Memorial Day weekend. The City took the flag down over the weekend and are flying the American Flag in honor of Prisoners of War Day which occurred on April 9th. Her intent was to have staff re-hoist the Ukrainian Flag until May 27th and then take it down. If the Council wishes to discuss continued flying of the flag, she can place an item on the agenda.
Vice Mayor Anduri voiced support of staff’s proposal.
C. Mayor Gerringer and Councilmember Candell
Recommendations on bill of local importance – AB1814 (Grayson), AB1944 (Lee), AB2050 (Lee), B2097 (Friedman), AB2334 (Wicks), SB878 (Skinner), SB1457 (Hertzberg); Legislative Update and Bill Matrix
Recommendation: Accept and approve the committee’s recommendations and authorize the Mayor to sign and submit letters. Accept the legislative update and bill matrix.
Casey Elliott, Townsend Public Affairs, stated the Legislative Committee met of Mayor Gerringer and Councilmember Candell on April 4 to consider7 bills, with recommendations for the Council to consider:
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1. AB 1814 (Grayson): Transportation electrification: community choice aggregators Recommendation: Support
2. AB 1944 (Lee): Local government: open and public meetings Recommendation: Support
3. AB 2050 (Lee): Residential real property: withdrawal of accommodations Recommendation:
Support
4. AB 2097 (Friedman): Residential and commercial development: remodeling, renovations, and additions: parking requirements Recommendation: Oppose
5. AB 2334 (Wicks): Density Bonus Law: affordability: incentives or concessions in low vehicle travel areas: parking standards: definitions Recommendation: Oppose
6. SB 878 (Skinner): School transportation Recommendation: Watch
7. SB 1457 (Hertzberg): Housing: California Family Home Construction and Homeownership Bond Act of 2022 Recommendation: Support
He stated staff recommends the Council accept and approve the Legislation Committee’s recommendations on the seven bills and authorize the Mayor to sign and submit letters, and accept the legislative update and bill matrix.
Mayor Gerringer opened the public comment period, and there were no speakers.
Councilmember Kwok referred to number 4; and opposition to AB 2097 (Friedman); minimum parking requirement. This prohibits public agencies from imposing minimum auto parking requirements for parcels within one-half mile of public transit. He personally finds there is a lot to like about this and while the mandatory parking minimums are common throughout cities in California, mobility is changing in the state and younger generations are less reliant and interested in cars. There is more car-sharing, Uber, Lyft, E-Bikes, scooters and other forms of mobility that are less car-dependent.
Additionally, manufacturing of parking is expensive, it causes buildings to be higher than they might otherwise be, and it might help the City reduce the heights of buildings if they did not have a parking minimum. Costs are also passed down to owners and renters for parking, and he would prefer to allow market forces to set the parking spaces, and he would encourage the Council to either be neutral or even support his bill rather than oppose it.
Councilmember Candell said she agrees with this, but what she does not like is them telling what cities can and cannot do. Cities know the projects where it might make total sense, but when cities have no control is why she would rather retain parking with cities. Developers will most likely apply for waivers anyway so she would support a neutral or an opposed position.
Mayor Gerringer agreed with many statements about mobility and sustainability, said she meant to look at the City’s legislative platform and how the bill would be reviewed. It is primarily around local control.
Where the Council have also placed weight of sustainability and how parking impacts climate and other ways, she suggested looking at a broader lens. At this time, she would also support an opposed position for reasons Councilmember Candell stated.
Councilmember Kwok then spoke about some benefits to bills by the legislature and thinks they should take those they like, reject the egregious ones, and he suggested voting and moving forward.
Vice Mayor Anduri suggested having a separate vote on Item 4; AB 2097.
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ACTION: It was M/S/C (Candell/Anduri) to accept and approve the committee’s recommendations for Items 1, 2, 3, 5 6, and 7 and authorize the Mayor to sign and submit letters. Accept the legislative update and bill matrix. Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson, and Kwok; Noes: None).
ACTION: It was M/S/C (Candell/Dawson) to accept and approve the committee’s recommendations for Item 4; AB 2087 (Friedman) and authorize the Mayor to sign and submit letters. Accept the legislative update and bill matrix. Vote: 4-1 (Ayes: Gerringer, Anduri, Candell, and Dawson; Noes: Kwok).
D. Councilmember Kwok
The Climate Crisis: What Cities Can Do
Recommendation: Receive and file.
Councilmember Kwok gave a PowerPoint presentation about the climate crisis and what cities can do. He wished everyone a Happy Earth Day and said he wanted to share some ideas of what other cities are doing to be part of the solution of the climate crisis.
Councilmembers thanked Councilmember Kwok for his presentation, recognized the efforts required to address the climate crisis for our kids, said the recommendations are doable, acknowledged adoption of ordinances addressing sustainability, cited the work needed for the entire community to go Deep Green through MCE, and recognized the many things the City can do to bring about awareness.
Mayor Gerringer opened the public comment period.
JUSTINE PARMELEE said she is speaking as a private citizen, said she is an EV driver, lives in multi-family housing at the Lafayette Highlands which is a 150-unit rental apartment complex, and in 2014, AB 2565 was approved by Governor Brown which allows for residents to have EV chargers installed in their multifamily units. She checked her lease which was included; however, this hurdle is almost insurmountable for the average renter. She would need to obtain $1 million in liability insurance, all costs are her responsibility which includes installation, repair, removal of chargers when she moves out, design, planning, permitting and construction, and it only benefits her and not dozens of other EV drivers they have in her complex. Therefore, it is cost-prohibitive.
Moving to commercial, there is only one EV fast charger in the City at Whole Foods which is always being used. Her family has had habit changes where they go to Walnut Creek, Pleasant Hill or Concord where there are far more chargers, and where they spend their money and time. She was unsure of the solution, cannot rely on state action alone, recommended taking action for new build residential as well as already constructed opportunities and commercial districts.
NANCY HU said she comes as a mom worried about the climate crisis and as a resident and volunteer serving on the City’s ETF. She is very happy the Council is holding Zoom meetings so she can attend. She thanked Councilmember Kwok for his presentation tonight, said one of the best ways to reduce and prevent carbon emissions is to enact policies to make it easier for those living and working in Lafayette to electrify new and existing residential and commercial spaces. All electric buildings should have all electric appliances, powered by MCE electricity and/or rooftop solar.
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As mentioned, they are working on EV and all electric buildings ordinances and plan to hold a public outreach webinar event on Earth Day and she presented their flyer. They plan on Earth Day, April 22nd from noon to 1PM present components of the building electrification reach code they are considering, will be sharing a survey and they welcome public input. She hopes after the draft ordinances have gone through review, the Council will be in favor of moving away from fossil fuel gas in buildings. Lastly, she congratulated Councilmember Kwok for his recent recognition for the ABC 7 News as being featured as their Bay Area Climate Hero.
JACKIE GARCIA MANN, 350 Contra Costa, said they are advocates for a cleaner and healthier environment, believes that building electrification and vehicle electrification are a key to healthier home environments and will reduce carbon pollution and cool the planet. They are EV drivers, have solar on their roofs, and were early adopters of Deep Green and helped with that campaign to get people in the City to sign up.
She has a 30” fossil gas pipelines running through her backyard and these are explosive bombs waiting to happen. There is a lot of concern around this during wildfires and referred to the San Bruno incident in 2010 which was the same type of pipeline. There will be less money to maintain these old stranded assets, as well as secrecy as to how they are operated. She urged the Council to help the City move towards electrification as soon as possible and phase out natural gas.
Councilmember Dawson thanked Ms. Mann and with her and other neighbors, part of the Gas Safety Task Force was able to forward a new standard with PG&E to eliminate trees around pipelines that are above ground.
BRENNA SHAFIZADEH thanked the Council for addressing this issue, said they had a fire a few years ago which was unexpected and she took four different routes to get her daughter before she finally found one that was open. This was a moment of stress and panic and everyone knows climate change is happening here and she is happy the City is addressing it. She also appreciates the pictures presented in the presentation because when changes are made, they also make the City so much more livable and beautiful.
LYNDA DESCHAMBAULT said she appreciates the topic and loves the topic of what can cities do about climate change. She is with the group, Contra Costa County Climate Leaders, or 4CL, and they have been around since 2007 when she served as Councilmember and Mayor for Moraga. It is a matter of how quickly cities can address this topic and said the City of Lafayette comes in around 9th place, so there are 8 other cities the City can look at to do. The County passed an electrification ordinance as well as other cities.
She also suggested the City adopt a climate emergency resolution and make sure the City has a standalone section and chapter on environmental change and environmental justice. MCE Deep Green enrollment is also lower than some other cities, so she suggested reaching out on Earth Day to increase this. She also encouraged cities to require purple pipe in new homes and significant remodels, encouraged the City to join Tree City USA, ban leaf blowers, and many other things cities are already doing, and she thanked the Council for agendizing this topic.
12. WRITTEN COMMUNICATIONS – None
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13. ADJOURNMENT – 11:15 p.m. in memory of Natalie Hiatt, Vice Chair of the Youth Commission.
APPROVED:
__________________________________
Teresa Gerringer, Mayor
ATTEST:
_________________________
Joanne Robbins, City Clerk