City Council Meeting Page 1 of 9 July 25, 2022
7 City of Lafayette
City Council
Meeting Minutes
Teleconference Meeting – Watch on the City of Lafayette’s YouTube Channel at July 25, 2022 http://bit.ly/LoveLafayetteYouTube Submit public comments to [email protected] 7:00 p.m. before or during the meeting.
To protect public health, our residents, officials, and staff, and aligned with the Governor’s recent executive order N-29-20, certain teleconference requirements of the Brown Act have been suspended, including the requirement to provide a physical location for members of the public to participate in the meeting. Here is how to participate in the meeting and provide public comment:
1) Watch or Listen: Meetings are broadcast on the City of Lafayette’s YouTube Channel:
http://bit.ly/LoveLafayetteYouTube. An archived, on-demand video of each meeting is maintained on the channel as part of the public record.
2) Submit Comments Before the Meeting: Members of the public can provide public comment by sending an e-mail to [email protected] (for City Council meetings). Those e-mails will be distributed to the members of the City Council, the City Manager, and the City Attorney, and will be posted as part of the public record.
3) Live Remote Public Comments: Members of the public may submit live public comment via Zoom conferencing. You must download the Zoom app or software. Zoom meetings can be accessed by telephone, computer, or smart device. When the Mayor invites public comment for the item on which you would like to comment, please use the "raise hand" feature (or press *9 if connecting via telephone only) to alert staff you have a public comment to provide. Each speaker is allowed three (3) minutes to speak.
Any graphic a speaker wishes to use as part of public comment must be emailed to [email protected] for City Council meetings by 3:00 p.m. the day of the meeting. Zoom Webinar joining instructions will be posted on the meeting agenda prior to the start of the scheduled meeting. 4) Join the Meeting Remotely: Use the links below to join the meeting and provide remote live audio public comment.
https://us02web.zoom.us/j/86936502044?pwd=OTdjckRJRTJuU3VWM0xta0Q5NWpWZz09 Passcode: 502333 or join by phone: Dial 1 669 900 9128; Webinar ID: 869 3650 2044 Passcode: 502333
City Council Meeting Page 2 of 9 July 25, 2022
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; Councilmembers Candell, Dawson and Kwok
Absent: Vice Mayor Anduri
Staff Present: Niroop Srivatsa, City Manager; Lt. Ben Alldritt, Chief of Police; Mike Moran, Public Works and Engineering Director; Suzanne Iarla, Communications Analyst; Mala Subramanian, City Attorney; Joanne Robbins, City Clerk
3. ADOPTION OF AGENDA
ACTION: It was M/S/C (Dawson/Candell) to adopt the agenda. Vote: 4-0-1 (Ayes: Gerringer, Candell, Dawson, and Kwok; Noes: None; Absent: Anduri).
4. PUBLIC COMMENTS - (for Items Not on the Agenda)
KIM ROBINSON said she is a Lafayette mom, attorney and haslived in town for 6 years. She began a project after Uvalde with some friends called, “The Morning Bell Project”. This is an awareness-raising and donation-raising community quilt where individuals can purchase squares and they can design the squares with images or words that reflect their connection to anti-gun violence in schools. Gun violence has not gone away, and she wants to keep it visible. She wants to share the project and possibly engage the Council for ways this could become more visible. The quilt supports teachers, school staff, kids and others affected by this issue. She would welcome any feedback and hopes the Council will engage with her on this.
MARY ANN HOISINGTON asked if Mayor Gerringer could turn up her microphone.
5. PRESENTATIONS
A. Lt. Ben Alldritt
Police Department Report
Recommendation: Receive and file.
Police Chief Ben Alldritt announced they are hosting a virtual Town Hall this Thursday night on Emergency Preparedness and he gave a PowerPoint presentation covering Police Department activities from January to June 2022. He reviewed calls for service, traffic citations, police reports, arrests, felony persons crimes, property crimes, traffic collisions, return of the Citizen’s Academy this fall, Emergency Preparedness Commission activities and projects, purchase of a Command Post truck, Active Shooter Drill to be held in November, distributed radios to each Lafayette school, school and event safety, and focus on emergency preparedness activities, and said he will make the PowerPoint presentation available on the City’s website.
Councilmembers asked, and Chief Alldritt responded to brief clarifying questions regarding report statistics.
Mayor Gerringer opened the public comment period, and there were no speakers.
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Mayor Gerringer and Councilmembers thanked Chief Alldritt for his presentation and community work.
6. CONSENT CALENDAR
Mayor Gerringer announced Item 6D has been requested by the public to be removed from the Consent Calendar. She asked if there were any other requests for removal of items or public comments, and there were none.
A. Minutes
1. June 13, 2022
Recommendation: Approve.
2. June 27, 2022
Recommendation: Approve.
3. July 12, 2022
Recommendation: Approve.
B. Resolution 2022-45 Allowing for Video and Teleconference Meetings During the COVID19 State of Emergency under AB 361
Recommendation: Adopt Resolution 2022-45.
C. Resolution 2022-43 Establishing the Rate of Tax Levy to Provide for Payment of Principal and Interest on Series 2011 and Series 2016 General Obligation Refunding Bonds During Year 2022- 2023
Recommendation: Adopt Resolution 2022-43.
E. Reallocation of ARPA Funds
Recommendation: Reallocate $50,000 of ARPA funds previously designated to Small Business Technical Assistance to the Shop Local eCard Program and reconsider funding for technical assistance once 2nd tranche of funds is received.
F. Potential Acquisition of 990 Moraga Road (APN 243-222-023) and 3533 Plaza Way (APN 243- 222-019)
Recommendation: Schedule a closed session to discuss price and terms of payment for the two properties.
G. Resolution 2022-44 Approving Assessment of Unpaid Nuisance Abatement totaling $49,900 and directing Contra Costa County to assess this property (1183 Glen Rd., APN 245-080-004-6) Recommendation: Adopt Resolution 2022-44 levying assessment for unpaid nuisance abatement costs incurred at 1183 Glen Road in the amount of $49,900.
H. City Council Legislation Committee: 2022 Bills of Local Importance – AB 1985 (Rivas), AB 2449 (Rubio) , and SB 6 (Caballero); Legislative Update and Bill Matrix Recommendation: Approve the Legislation Committee’s recommendations and authorize the Mayor to sign and submit letters. Accept the legislative update and bill matrix.
ACTION: It was M/S/C (Candell/Dawson) to adopt Consent Calendar Items A.1, A.2, A.3, B, C, E, F, G and H. Vote: 4-0-1 (Ayes: Gerringer, Candell, Dawson, and Kwok; Noes: None; Absent: Anduri).
City Council Meeting Page 4 of 9 July 25, 2022
7. OLD BUSINESS – None.
8. STAFF REPORTS
A. Lt. Ben Alldritt
Contra Costa County Animal Services Department Agreement Recommendation: Authorize the City Manager to execute an updated agreement with the Contra Costa County Animal Services Department (Animal Services).
Police Chief Alldritt introduced Contra Costa County Animal Services Director Beth Ward and Public Information Officer Steve Burdo. He stated this contract was presented to all cities and to date, many have already approved it. There are no special amendments another city may have received which came up in discussions over the last month. Of note, their prior contract was in 2006 and has been extended year to year. The goal is to allow for more transparency, funds to be returned to cities via the next year’s contract and reduction of fees if they have a surplus, and the staff report outlines the services the department provides.
Beth Ward, Director, CCC Animal Services, said the only point added is the aspect around a Side Letter developed by the City of Pleasant Hill to provide clarification in one of the sections of the agreement. It clarifies for their Councilmembers the expectations in the section, but she confirmed all agreements are the same for each city.
Councilmember Candell voiced support of the contract especially the goal of additional transparency. She questioned Priority 3 calls relating to dead animals and the County’s response time.
Director Ward stated their officers are in the field 7 days a week. Field Utility Workers pickup deceased animals who are in the field 7 days a week 365 days a week. Ideally, the response time is in that 24-hour period, and this does not include hours where staff is not on duty which is from 9PM to 8 AM 7 days a week.
Steve Burdo, Public Information Office, added that if a call came in on a Saturday night, the clock would start ticking at 8AM that Sunday morning.
Councilmember Candell asked if this new contract will serve Lafayette well and she asked if any areas are particularly weaker or stronger than others in terms of service.
Chief Alldritt said in looking at concerns that have come to him and the Council, the weak link has been the dead animal pickup. They can attest as to what they are legally required to do versus what they are trained to do in their staffing levels to meet service expectations. He thinks this will be an on-going challenge due to staffing levels which are spread thin. This contract was to set expectations more clearly, benchmark and clarify an increase in cost with a clause that allows for reimbursement in the following year contract.
Director Ward emphasized their Field Utility Worker allows their officers to focus on officer-related tasks and allows them to use the workers to focus on the deceased animal pickups which they are hoping to see an increased response time in those situations.
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Councilmember Kwok said he was pleased to see the number of requests to be incorporated into the agreement were responded to. He noted concerns from the public include the standard of care, Animal Care Coordinators are helping to facilitate adoption, and how the agreement addresses injured wildlife and animals such as deer when other agencies need to respond.
Director Ward clarified the standard of care was added into the agreement through discussions with residents and city staff and it was important for them to be held accountable through the guidelines. They indicate they would adhere to the guidelines set by the national and state standards and it is their goal to provide the best level of care.
Regarding the Care Coordinators, many life-saving efforts are being made and they needed staff to be focused on life-saving measures such as behavior, foster programs, transfer partner programs, and in the past they never had staff that could focus on those programs which is now incorporated.
Regarding injured wildlife animals, this was a difficult conversation and decision for their staff as well as city partners. For years, they have responded to injured wildlife, but it was never in their mandate to perform. When looking at realistic cost levels, they made a decision to keep the response as a separate issue because this falls under the California Department of Fish and Wildlife.
They have spoken with police to determine if they can respond or whether they can wait for Fish and Wildlife to perform the service. They are working with partner organizations and said the Town of Moraga has created a Wildlife Watch program, working with Fish and Wildlife to help educate residents as to what to do, and they hope to develop similar programs with other cities.
Councilmember Dawson said last year they had wild boars, the coyote that bit multiple people, and injured deer. She supported more information about Wildlife Watch by Moraga, and she asked how Fish and Wildlife’s responses are.
Chief Alldritt said he would defer to residents who could provide better feedback, as calls are not routed to the Sheriff. He knows they are spread thin, have been good partners with the Sheriff and were quick to step in regarding the coyotes, but based on thin staffing levels they must work in a triage model. The Wildlife Watch was launched via Moraga Police Department which he described, and they talked about the program coming into Lafayette, but again, resources are low.
Mayor Gerringer said now they are considering adoption of the contract, having an outreach that lets people know will be important. She thanked Chief Alldritt for a thorough staff report and thanked Animal Control staff and constituents for participating in the process.
Mayor Gerringer opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Dawson//Kwok) to authorize the City Manager to execute an updated agreement with the Contra Costa County Animal Services Department (Animal Services). Vote: 4-0-1 (Ayes: Gerringer, Candell, Dawson, and Kwok; Noes: None; Absent: Anduri).
9. PUBLIC HEARINGS – None.
10. ITEMS REMOVED FROM CONSENT CALENDAR
City Council Meeting Page 6 of 9 July 25, 2022
D. Award of Construction Contract for Mt. Diablo Boulevard at Mt. Diablo Court Intersection Improvement Project, No. 014-9723
Recommendation: Award construction contract to Ray’s Electric in the amount of $644,716.60 for the Mt. Diablo Boulevard at Mt. Diablo Court Intersection Improvements Project No. 014-9723.
Public Works and Engineering Director Mike Moran said he was available to answer questions and could speak to concerns raised from residents. As background, this is a traffic signal project. It was a project to be primarily paid for by a development at the end of Mt. Diablo Court. There was an MOU that was created over a decade ago and several years ago, there was an agreed amount a developer would contribute because it is very difficult to make a turn out of Mt. Diablo Court onto Mt. Diablo Boulevard at many times of the day due to traffic. It is a 35-mph zone. There is a curve heading eastbound and a change in elevation, making the line of sight very difficult.
Some concerns residents have that they want other things on the east end and couldn’t the City skimp it down and just done a traffic signal project. He is happy to speak to that, but the contribution from the developer and the total price is about two-fold. They got $440,000 from the developer and the cost is close to $900,000 for the signal. They were working with dollar and construction values that have been pretty dated.
Some specific concerns were the decorative streetlights. There are two for this project; one in each of the center medians that will be the nose coming into the signal which is not an extravagant amount and adds to the safety lighting near the center of the intersection where there will be a crosswalk on the west side.
It is also in alignment with the DSP and the decorative streetlights to the east from the townhomes put in several years ago, as well as matching the Park Hotel’s. So, they are already in alignment of what has been installed to the east and west of this location.
Another item of particular concern is irrigation and landscaping and he has a small amount of funding as part of this contract. There are other areas at the east end where others would like more landscaping added, particularly along business frontages, and it is simply opportunity with the signal project. A valid comment is the fact they are also in a drought, but they are adding just a bit to a nose of an existing median and a little bit at another nose.
The City is also taking advantage of trenching as part of a traffic signal and putting in a sleeve and irrigation main that can tie to an adjacent active and live irrigation system to the east that has capacity at their controller station which is very different than adding a new meter and doing a new irrigation system. This is another opportunistic item and staff is very cognizant of the drought and water conservation, which he described and recommended the Council approve the project.
Mayor Gerringer opened the public comment period.
CHERYL MACDONALD thanked Mr. Moran for the report and said they went through many of the items in person with Mr. Moran to see things in person. The Council has been engaged with pedestrian and bike safety and he concern is with the lighting. Having light focused down on to the crosswalk is very important and she asked the Council to think about putting lighting facing down and not just light facing up.
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SHERRIN FARLEY asked if there is any idea how much that crosswalk is going to be utilized as a crosswalk and asked if the lights that are embedded in the pavement similar to the two crosswalks by BART could be added depending on the use of the crosswalk. She also thinks it is important to have the crosswalk lit as much as possible for drivers to see pedestrians and bicyclists.
Mr. Moran referred to more downward lighting and said they do have safety lighting as part of the traffic signal as well as two decorative lights. One would add to the middle of the crosswalk that would cross Mt.
Diablo Boulevard on the west side.
Regarding crosswalk use, this will probably not be used much now, but when the Park Hotel was fully running people would notice cars were parked continuously on the north side along the freeway fence because it is staff or valet parking. If conditions existed like this again, this crosswalk would be used rather than go up all the way to the center of the hotel. Most people will take the shortest route and rather than jay walking, hopefully this location would provide a safer crossing because it is signalized.
Lastly, they would not propose embedded lights or flashing beacon crossings at a traffic signal because the signal is already the highest standard for protection. However, like any signal, when crossing pedestrians should not always count on a vehicle to stop.
ACTION: It was M/S/C (Candell/Dawson) to award construction contract to Ray’s Electric in the amount of $644,716.60 for the Mt. Diablo Boulevard at Mt. Diablo Court Intersection Improvements Project No. 014- 9723. Vote: 4-0-1 (Ayes: Gerringer, Candell, Dawson, and Kwok; Noes: None; Absent: Anduri).
11. COUNCIL/COMMISSION REPORTS
A. Councilmembers report on activities and consideration of matters a Councilmember wishes to initiate for placement on a future agenda.
Councilmember Kwok reported on events this Thursday: 1) Get Ready for Wildfire Season Town Hall from 6 to 7 p.m. via Zoom; and 2) a 7 to 8:30 p.m. event by the DEIB Committee which is the 5th in a series called, It Takes a Village which will be in person at the Library at the Don Tatzin Hall on Thursday.
He also reported on a June 30th meeting he had with Con Fire with Chief Broschard and Deputy Chief Aaron McAlister regarding getting ready for this year’s fire season and the topic of a new fire station that could accommodate a ladder truck, which he described, and Chief Broschard agreed to stay in touch with the City Manager on planning needs.
Councilmember Dawson provided an update on the ARPA Subcommittee, which she described.
Mayor Gerringer reported that Coffee with the Mayor will be held on Friday at 8:00 a.m. via Zoom, sponsored by the Chamber of Commerce.
B. City Manager’s Update
Recommendation: Receive and file.
City Manager Niroop Srivatsa reported last week the development at 210 Lafayette Circle had their lottery for the two BMR units and the Planning Director served as witness. One unit is 1/1 unit which is moderate income and the price is $519,000 and the other is a 2/1 unit with a price of $581,000. The next lottery will be for the Lennar project on Mt. Diablo and Dolores Drive.
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C. Vice Mayor Anduri and Councilmember Kwok
Resolution 2022-46 Appointing a Member to the Creeks Committee Recommendation: Adopt Resolution 2022-46.
Councilmember Kwok reported that he and Vice Mayor Anduri recommend existing member David Clark to continue a new two-year term.
Mayor Gerringer opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Kwok/Candell) to adopt Resolution 2022-46 appointing David Clark to the Creeks Committee. Vote: 4-0-1 (Ayes: Gerringer, Candell, Dawson, and Kwok; Noes: None; Absent: Anduri).
D. Councilmembers Kwok and Dawson
Resolution 2022-49 Appointing Members to the Emergency Preparedness Commission Recommendation: Adopt Resolution 2022-49.
Councilmember Kwok stated after an interview process, he and Councilmember Dawson recommend existing members Michelle Heckle and Sherry Hoover and new candidate William Pigeon.
Mayor Gerringer opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Dawson/Kwok) to adopt Resolution 2022-49 appointing Michelle Heckle, Sherry Hoover and William Pigeon to the Emergency Preparedness Commission. Vote: 4-0-1 (Ayes: Gerringer, Candell, Dawson, and Kwok; Noes: None; Absent: Anduri).
12. WRITTEN COMMUNICATIONS
A. Designation of Voting Delegate and Alternate for Cal Cities Annual Conference September 7-9, 2022.
Recommendation: Appoint a voting delegate and alternate for the Cal Cities Annual Conference September 7-9, 2022.
Mayor Gerringer proposed the members of the League of California Cities Council liaisons be the primary and alternative voting delegates, herself and Councilmember Candell. She noted Councilmember Kwok will be attending the conference, as well.
Mayor Gerringer opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Candell/Kwok) to appoint Mayor Gerringer as voting delegate and Councilmember Candell as alternate for the Cal Cities Annual Conference, September 7-9, 2022. Vote: 4-0-1 (Ayes:
Gerringer, Candell, Dawson, and Kwok; Noes: None; Absent: Anduri).
13. CLOSED SESSION
Mayor Gerringer opened the public comment period (for Closed Session items only).
JANA COREY, representing the Park Theater Trust, said they are very supportive of the discussion regarding this item and expanding the vision for the downtown area.
City Council Meeting Page 9 of 9 July 25, 2022
Mayor Gerringer adjourned to Closed Session at 8:51 p.m. to consider the following matters:
A. Conference with Real Property Negotiators (Gov. Code Section 54956.8) Property: 990 Moraga Road (APN 243-222-023)
Negotiators: Niroop K. Srivatsa, City Manager and Tracy Robinson Administrative Services Director
Negotiating Parties: Scott Haislet and Charles Kolb, Representing Property Owners Under Negotiation Price and terms of payment
B. Conference with Real Property Negotiators (Gov. Code Section 54956.8) Property: 3533 Plaza Way (APN 243-222-019)
Negotiators: Niroop K. Srivatsa, City Manager and Tracy Robinson, Administrative Services Director
Negotiating Parties: Paddy Kehoe, Representing Property Owners Under Negotiation: Price and terms of payment
RECONVENE REGULAR MEETING
Mayor Gerringer adjourned Closed Session and reconvened the regular meeting at 9:28 p.m.
Mayor Gerringer announced there was no reportable action taken in Closed Session and gave direction to staff to return on both items.
14. ADJOURNMENT – 9:30 p.m.
APPROVED:
__________________________________
Teresa Gerringer, Mayor
ATTEST:
_________________________
Joanne Robbins, City Clerk