City Council & Emergency Services Commission Meeting Page 1 of 30 December 12, 2022 7 City of Lafayette
City Council
Meeting Minutes
Teleconference Meeting – Watch on the City of Lafayette’s YouTube Channel at December 12, 2022 http://bit.ly/LoveLafayetteYouTube Submit public comments to [email protected] 6:30 p.m. before or during the meeting.
To protect public health, our residents, officials, and staff, and aligned with the Governor’s recent executive order N-29-20, certain teleconference requirements of the Brown Act have been suspended, including the requirement to provide a physical location for members of the public to participate in the meeting. Here is how to participate in the meeting and provide public comment:
1) Watch or Listen: Meetings are broadcast on the City of Lafayette’s YouTube Channel:
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City Council & Emergency Services Commission Meeting Page 2 of 30 December 12, 2022
1. CALL TO ORDER
Mayor Gerringer called the Regular City Council meeting to order at 6:30 p.m. via teleconference.
2. ROLL CALL
Present: City Council: Mayor Gerringer; Vice Mayor Anduri; Councilmembers Candell, Dawson and Kwok
Absent: None
Present: Emergency Services Commission: Duncan Seibert, John Cornell, Lt. Ben Alldritt Staff Present: Niroop Srivatsa, City Manager; Tracy Robinson, Administrative Services Director, Greg Wolff, Planning and Building Director; Jennifer Wakeman, Assistant Administrative Services Director; Suzanne Iarla, Communications Analyst; Mala Subramanian, City Attorney; Joanne Robbins, City Clerk
3. ADOPTION OF AGENDA
Mayor Gerringer asked if there were any changes to the agenda or public comments, and there were none.
ACTION: It was M/S/C (Candell/Kwok) to adopt the agenda. Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson, and Kwok; Noes: None).
4. PUBLIC COMMENTS – (For items under Closed Session).
None.
5. CLOSED SESSION
A. Conference with Labor Negotiators Gov. Code Section 54957.6 City designated representative: Niroop Srivatsa, City Manager Employee organization: Association of Lafayette Employees (ALE) B. Conference with Labor Negotiators Gov. Code Section 54957.6 City designated representative: Niroop Srivatsa, City Manager Unrepresented employees: All employees, excluding the City Manager and those within ALE C. Conference with Labor Negotiators Gov. Code Section 54957.6 City designated representative: Mayor Gerringer
Unrepresented employee: Niroop Srivatsa, City Manager
OPEN SESSION/REPORT OF CLOSED SESSION
Mayor Gerringer announced that no reportable action was taken in Closed Session.
6. PUPBLIC COMMENT- 7:00 p.m. (For items not on the agenda) City Council & Emergency Services Commission Meeting Page 3 of 30 December 12, 2022 DAVID CLARK wished everyone a happy holiday season,said he regrets the Council did not get the changes and codification of the Downtown Creeks Plan this year, and there may be a way to include a revised BART and updated EIR in this cycle given there is a 3-year window the City can work with.
LIBBY HENRY asked that Item 8.I be removed from the Consent Calendar so there can be public discussion.
7. PRESENTATIONS
A. Emergency Preparedness Commission
Annual Update
Recommendation: Receive and file.
Duncan Seibert, Chair, introduced Emergency Preparedness Commissioners George Figone, Michelle Heckler, Sherry Hoover, Michael Melewicz, Carol Yates, and William Pigeon. He reported on the Commission’s accomplishments, as follows:
• Prepared a second edition of the Lafayette Resident’s Guide to Wildfire Preparedness and Evacuation. The Commission adopted the new guide and it was mailed in late May. • Held a National Night Out on Tuesday, August 2nd with only a few National Night Out parties due to COVID.
• Participated in the Lafayette Art & Wine Festival and shared a booth with the Crime Prevention Commission and distributed a lot of materials.
• On the Great Shake-Out on October 20th, this was used as a training event in town and they had many shake-out exercises at schools and throughout Lamorinda. • Collaborated with the Senior Services Commission planning for access and functional needs during disasters.
• Acts as the Lafayette Citizen Core Council under FEMA guidelines and as such, they along with corresponding bodies from Moraga and Orinda are the authorities that CERT responds to. The CERT Steering Committee reports to the Citizen Core Councils in each of the three cities. • The CERT Program has been underway for 18 years now and they have approximately 1300 CERT graduates.
Their goals for the coming year include:
• Review and revise the Emergency Operations Plan, as necessary. This is an on-going process when revisions are needed.
• They expand their collaboration with the Senior Services Commission as much as they can. • Continue training with Web EOC software which is used to manage the EOC during times of disaster.
• Firewise has become a major portion of what the Commission works on. Firewise is a national fire protection association and program of voluntary gatherings and groupings of neighbors to address the reduce fire hazards in their neighborhoods. To do this, they work with Con Fire's new inspector and they are doing more publicizing of the Firewise and now have a common form so everyone in Lamorinda can visit one website, fill out the form, and then take the forms with a minimum of 8 neighbors that can be sent to Con Fire.
Mayor Gerringer and Councilmembers thanked the Commission for their work and education over the years for the community, and Chair Seibert commented that they are working with Zone Haven to get everyone to know their evacuation zones.
City Council & Emergency Services Commission Meeting Page 4 of 30 December 12, 2022 Lt. Ben Alldritt introduced John Cornell, Emergency Services Analyst, thanked the Commission and the Council for their support, and asked Mr. Cornell to update the Council on the wildfire and Cal OES PSBS grant
Emergency Services Analyst John Cornell stated they applied for and received a grant from Cal OES that was funded through PG&E that focused on power resiliency and communication. They were able to apply some funds towards radios have distributed those to schools which operate on their police department radio network. The other part of the grant is going towards backup power solutions, as well as solar and battery systems in their Public Works yard. This is a location where they could set up an emergency command post and having solar and battery availability would not require them to run a diesel generator.
The Alert Wildfire Camera Project is also a resource and something they have worked on since 2019. The City continues to support that project which has been phenomenal.
Mayor Gerringer opened the public comment period, and there were no speakers.
B. Jennifer Wakeman, Assistant Administrative Services Director Audit Presentation
Recommendation: Receive and file.
Assistant Administrative Services Director Jennifer Wakeman gave the staff report and presentation of the City’s Comprehensive Financial Report for FY ending June 30, 2022. The City received a clean opinion on its audit of financial statements, continues to be in a strong financial position, and she highlighted two of the most significant financial items in FY 2022: 1) Receipt of ARPA funds in the amount of $3.2 million and the expenditure of $1.65 million; and 2) Receipt of $2.2 million from the Palos Colorados Development Agreement fees. Payment of the principalstopped the accrual of interest on that amount, and the amount due of $1.45 million was added to the City’s books as a future receipt.
The auditors are completing the single audit report for the FY ending June 30, 2022 which is required whenever a public agency receives more than $750,000 in federal grant monies. Once completed, the auditors will issue their evaluation on the City’s internal controls and she will return to the Council to present those results.
This year the Certificate of Achievement for Excellence in Financial Reporting for FY 2021 is missing from the front of the audit which has been there for the last several years. She acknowledged that the Government Finance Officers’ Association ran into some delays this year in finding evaluators, so she is still waiting to hear back. Once she does, she will return with a presentation.
Mayor Gerringer opened the public comment period.
Erling Horn asked Ms. Wakeman to repeat her description of the Palos Colorados Development Agreement fees.
City Council & Emergency Services Commission Meeting Page 5 of 30 December 12, 2022 There were no other speakers, and Ms. Wakeman explained that when the Palos Colorados project was submitted a Development Agreement (DA) was created, and there was a recognition of the impact to neighboring agencies. As such, an amount was promised to each agency to be paid at a certain point which was met in FY 2022 in the amount of $2.25 million. The DA also called for accrual of interest and the accrual of interest has now stopped, so the City has an interest receivable item for $1.45 million on the books which they will eventually receive per the DA.
C. Joanne Robbins, City Clerk
Administer Oath of Office to Susan Candell, Teresa Gerringer and Wei-Tai Kwok Recommendation: Receive and file.
City Clerk Joanne Robbins administered the Oath of Office to Susan Candell, Teresa Gerringer and Wei-Tai Kwok.
D. Council Reorganization
Remarks by Mayor Gerringer
Mayor Gerringer thanked residents and the Council for the opportunity to serve as Mayor in 2022, described the many ceremonial and annual events she has attended, said she has been honored and humbled to serve, promised to have a peaceful transition, provided highlights of the year:
• Worked with the Dias family to dedicate a plaque to honor crossing guard Ashley Dias and participated in the unveiling ceremony;
• Reopened Brook Street Park;
• Made several traffic safety improvements around schools, with more to come in 2023; • The Local Roads Safety Task Force is underway to continue to move Vision Zero forward; • Construction of the Rain Garden project at First Street and Golden Gate Way is underway with an opening expected in early 2023;
• After many years of advocacy and education efforts by Project Earth, they are now Stanley Middle School students and the Council voted to declare Lafayette an idle-free City; • The City increased the number of Firewise neighborhoods to 6 approved and 5 neighborhoods are pending;
• The City continues to work with the Chamber of Commerce and the business community to promote and maintain a vibrant downtown;
• The City kicked off development of their fiscal sustainability plan and in partnership with the Lafayette Community Foundation and Chamber of Commerce, they held the first Annual Community Day where close to 200 volunteers came together to do projects throughout Lafayette to build community, give back, and serve others;
• The City continued working on the Housing Element and other Elements of the General Plan which will continue; and
• The City at its last meeting or so is in the due diligence phase of purchasing two key properties in the downtown and the Council will hold meetings as to what to do with those projects City Council & Emergency Services Commission Meeting Page 6 of 30 December 12, 2022 Mayor Gerringer encouraged everyone to read the staff report for Item 10.A on tonight’s agenda; a report on City Council priorities and Department Work Plans for FY 2022/23. The Council owes a debt of gratitude to their incredible City staff. She expressed her gratitude to her fellow Councilmembers and all volunteers who serve on commissions and committees for their thoughtful analysis and preparation in finding solutions to challenges and opportunities facing the community. She thanked the residents of the community who have allowed her to serve for 4 more years and looks forward to listening and work with the community. Lastly, she thanked her family for their support and encouragement, and to Michael, for being one of the most committed U-Tube attendees.
Presentation to Mayor Gerringer by Vice Mayor Anduri
Vice Mayor Anduri thanked Mayor Gerringer for her inclusive style of leadership which made it easier for all Councilmembers to carry out their responsibilities this year. She thanked her for her constant focus for building their sense of community, which was most evident in the Lafayette Community Day. The City has a small token of appreciation which he presented to Mayor Gerringer which is a plaque and gavel and he thanked her for all she has done during her term as Mayor.
Election of Mayor and Vice Mayor
Mayor Gerringer nominated Vice Mayor Anduri to serve as Mayor for 2023 and nominated Councilmember Gina Dawson as Vice Mayor for 2023.
Mayor Gerringer opened the public comment period.
VINCENT SALIMI thanked and congratulated the City Council on being able to continue to serve and thanked Mayor Gerringer for her work over the last year, stating it was a pleasure working with her.
ERLING HORN thanked Mayor Gerringer for her comments and for all she has done during 2022 as Mayor.
ACTION: It was M/S/C (Gerringer/Kwok) to nominate and appoint Carl Anduri as Mayor and Gina Dawson as Vice Mayor for 2023. Vote: 5-0 (Ayes: Gerringer, Anduri, Candell, Dawson, and Kwok; Noes: None).
Remarks by new Mayor and Vice Mayor
Mayor Anduri thanked his family, particularly his wife Sharon, his colleagues on the Council, and the community for their support. He is deeply aware of the privilege it is to serve on the City Council and as Mayor, and the responsibility that comes with that privilege.
The City faces five external challenges at a very high level: 1) On-going effects of COVID 19, both economic and public health. On the economic front they need to be mindful of the vitality of their downtown and business community. On the health front, we each need to protect themselves, but also protect other members of the community; 2) The reality of climate change and the threat of wildfire.
City Council & Emergency Services Commission Meeting Page 7 of 30 December 12, 2022 Everything they do as a City and as individuals, they need to focus on reducing GHG emissions; 3) The housing crisis and the role State Government is playing. The City does need to build more housing, particularly affordable housing and do it in a way that makes Lafayette a more desirable place to live; 4) The challenge of realizing the ideals of their nation of truly having liberty and justice for all. This is a national challenge as well as a local challenge; and 5) The challenge of demography. They are becoming an older community and they need to keep that in mind in their decisions. They are officially an agefriendly city and they need to put that into practice.
Fortunately, the Council has a great team in place to pursue their goals. He thanked the City Manager, City Attorney, dedicated City staff, Chief of Police and the Police Department, all commissioners, committee members and task force members, and all who volunteer who make Lafayette a better place to live.
They have a lot to do and it is not the Mayor who sets their priorities. Each year, the Council sets them for the fiscal year. Their 4 current priorities were adopted in March 2022 for FY July 1, 2022 through June 30, 2023 and are: 1) wildfire prevention and preparedness and utility safety; 2) improved pedestrian and traffic safety in multi-modal mobility; 3) create a downtown and Mt. Diablo corridor specific plan; and 4) develop a fiscal sustainability plan for the short-term and long-term. The Council wants resident input as they revise their priorities so at the next meeting in January they will do a mid-course review of these priorities to see if they need to revise them by the end of the fiscal year.
On Saturday, February 11th, they will meet with a full discussion of priorities for FY 2023 and welcome the community’s input and participation. In addition to the main priorities, there are on-going activities and other activities the City supports. A partial list includes strengthening their City schools partnership, the work of the community DEIB Committee, their essential collaboration with the Lafayette Chamber of Commerce, support for the Park Theater Trust efforts to renovate the Park Theater and bring additional vitality to their downtown, support for the Lafayette Library and Learning Center, the work of GPAC on updating the General Plan, obtaining approval of their Housing Element update before January 31, 2023, work of the Creeks Committee including the soon to be completed Rain Garden Park at First Street and Golden Gate Way, implementing Vision Zero, and the development of the Local Roads Safety Plan.
This is not close to being an immediate “to do” list, and even that list would not include very worthwhile projects and activities which many residents support such as investing in affordable housing, buying and preserving open space, building protected bike lanes throughout the City, building additional sports fields, creating shaded fire breaks around the City, expanding our capacity to provide childcare, providing civic space for their own City offices, a senior center and teen center, and creating downtown parks or adding Pickleball courts. All of these will require additional resources. During the next two years, they need to decide what they want to do to make their City an even better place to live and what they are willing to invest to achieve that.
Finally, while the Council sets the priorities, each Mayor has added something to the mix which ideally does not require significant staff time or money. For example, last year Mayor Gerringer was instrumental in the development and presentation of their first Lafayette Community Day which was very successful.
This year there are 4 initiatives he would like to add:
City Council & Emergency Services Commission Meeting Page 8 of 30 December 12, 2022
1.Revive something they did 12 years ago. Vice Mayor Dawson is the primary liaison to the Chamber of Commerce, and he is the Alternate. They are also the Council ARPA Subcommittee. During 2023, with support of the Chamber leadership, they will be making door to door visits with downtown businesses, both Chamber members and non-members in order to develop a deeper understanding of the needs and concerns of the business community.
2.The Council agreed that during 2023, it will explore and celebrate 175+ years of Lafayette history.
This will be an opportunity to increase awareness and appreciation of their history through the Lafayette Historical Society. Everyone will soon hear more about what this celebration will involve.
The “+” in 175+ years is very important. They want to go back beyond 175 years to include in their celebration a recognition and understanding of the indigenous people who were on the land that is now Lafayette, as well as the Spaniards and Rancheros who were here before Elam Brown arrived.
They also use the “+” because they want to look forward. During 2023, they are exploring and celebrating 175+ years of history because they are better prepared for their future and better able to shape their future if they understand their past.
3.He mentioned the challenge of climate change. The City’s Environmental Task Force has a strong legislative agenda and has already brought forward the ordinance for EV charging in multi-family buildings. They need a way to get each resident involved in the effort to slow climate change. The Task Force now has an answer for that as well. At their last meeting, the Task Force recommended the City become a partner with Sustainable Contra Costa. The Council approved the recommendation and Lafayette is now a member. Sustainable Contra Costa has a platform; The Cleaner Contra Costa Challenge, that enables everyone to find ways to cut down on GHG emissions and save water. There is also a dashboard that shows cumulatively how households and businesses in each City in the County are doing. For each 10 lbs. of carbon dioxide avoided, or 1 gallon of water saved by a household, the City gets 1 point. Their Lamorinda neighbors, Moraga and Orinda were members before Lafayette joined and as of 2:30 p.m. today, Moraga has accumulated 1028,930 points, and Orinda has 548,580 points. So, many households are already participating, and Lafayette is behind with 396,840 points. He asked to do some good and have some fun. He suggested challenging Moraga and Orinda to see which City can avoid more carbon and save more water during 2023. A subcommittee of the Environmental Task Force will be leading their efforts, and the challenge is on. He asked to visit www.cleanercontracosta.org and set up a household account and explore things you can do.
4.In furtherance of their City priorities to make roads safer, he encouraged everyone to drive slower in 2023. Roads will be safer for pedestrians, cyclists, joggers, school kids, drivers, everyone if they stay at or below posted speed in 2023. To help, Chief Alldritt will be deploying a full contingent of traffic enforcement officers and he will be proposing an investment in technology for use in targeted enforcement. Residents can look for that at a future Council meeting early next year. In the meantime, he asked everyone to slow down. There will be reminders in the form of signage and enforcement.
As the City Council, they pledge to listen to residents, be transparent in their deliberations and actions, and pledge to make their decisions based on the long-term best interests of our community. They will be reminded by their celebration of their history that Lafayette has always been changing and will continue to change. It is up to everyone to create change that makes Lafayette an even better place to live, and he looks forward to working with everyone in the year ahead.
He called on Vice Mayor Dawson to provide comments.
City Council & Emergency Services Commission Meeting Page 9 of 30 December 12, 2022 Vice Mayor Dawson said the former Mayor and current Mayor’s words are inspiring of what they have accomplished as a City and what they look forward to accomplishing and working together in 2023. She thanked fellow Councilmembers for this leadership, as well as City staff, volunteers, commissioners, committee members in helping their goals come to fruition. She thanked the Council for their trust and confidence in her role and looks forward to the work ahead. She encouraged residents to stay engage, participate on commissions, and she lastly thanked her family.
Mayor Anduri opened the public comment period.
DON TATZIN, Senator Steve Glazer’s Office, likened this to a peaceful transition of power and influence.
He has been through a number of these ceremonies but unfortunately, in many countries, states, and communities that is not always the way it works. The Council is to be congratulated for having another peaceful transition as Lafayette is its 54th year of incorporation. He also thanked the three re-elected Councilmembers and the two Councilmembers who are in the middle of their terms for taking on these tasks and for supporting goals outlined by Mayor Anduri. The State can do things for the City in addition to doing things to you, and he is often amazed by how effective a phone call saying they are on Senator Glazer’s staff can be when the work the City does is met with roadblocks.
He knows Lafayette will continue to give comments on pending legislation. When the Senator looks at how he is going to vote on a bill he always asks for what the comments have been, particularly from towns and cities,so he asked the City to keep this up. Lastly, he has a certificate of appreciation for former Mayor Gerringer which he will forward it to the City Clerk and wished everyone good luck in the coming year.
DAVID CLARK thanked Mayor Gerringer for her service in 2022, said one thing she did this year was the process of collecting questions during the public comment period, saving them until the end and answering them, which is very helpful. He hopes this continues and he welcomed Mayor Anduri, stating his list of goals is exhausting. He thanked him for the thought he put into them and looks forward to helping achieving some of them.
8. CONSENT CALENDAR
Mayor Anduri stated there is a request from Ms. Henry to remove Item 8.I. Councilmember Kwok requested removal of Item 8.A, and Councilmember Candell requested removal of Item 8.B. There were no public comments.
C. Resolution 2022-73 Appointment of Standby Officers to the Lafayette City Council for 2023 Recommendation: Adopt Resolution 2022-73.
D. Maddy Act Local Commission/Committee Appointment List Recommendation: Receive and file.
E. 2023 City Council/Commission Meeting Schedule
Recommendation: Adopt the 2023 Meeting Schedule.
F. Resolution 2022-68 Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency under AB361
Recommendation: Adopt Resolution 2022-68.
City Council & Emergency Services Commission Meeting Page 10 of 30 December 12, 2022 G. Resolution 2022-67 Authorizing the Extension of Certain Ordinances and the Continued Relaxing of Certain Parking Requirements, to allow 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 January 3, 2025
Recommendation: Adopt Resolution 2022-67.
H. Resolution 2022-72 Accepting the 2021/22 Development Impact Fee Annual Report for Compliance with AB 1600
Recommendation: Adopt Resolution 2022-72.
ACTION: It was M/S/C (Dawson/Candell) to adopt Consent Calendar Items C, D, E, F, G and H. Vote: 5-0 (Ayes: Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
9. OLD BUSINESS – None.
10. STAFF REPORTS
A. Niroop Srivatsa, City Manager and Tracy Robinson, Administrative Services Director FY2022-2023 Municipal Budget Discussion and Report on Department Work Plans Recommendation: Approve a 6-month extension for $180,000 for the Economic Development Manager contract paid out of the second tranche of ARPA funds. Continue budget discussion to January 12, 2023.
City Manager Srivatsa stated Administrative Services Director Tracy Robinson will provide a PowerPoint presentation and she was available for questions regarding the Work Plan.
Ms. Robinson gave a PowerPoint presentation of the Final Municipal Budget for FY 2022/23 which refines the proposed budget adopted in June 2022. It includes the actual final audited figures from the prior fiscal year and changes that have been adopted since it was approved in June. There are some additional recommendations from Department Directors to respond to current conditions.
Staff has changed the schedule a bit and she presented a preview of the budget which will come back to the Council on January 9th where the Council will consider it again. After the Council reviews its priorities it will return for a final time for adoption on January 23rd.
She reviewed the following highlights for this budget:
• For the prior FY the City had expense variances of roughly $2.4 million to the good. The savings for the most part are due to many timing issues, staff openings, projects and maintenance deferred, and a large portion from the Police budget where some positions were vacant and filled with overtime. Items affected by timing and deferred will be re-budgeted in this fiscal year. • The revenue variances were to the good. The City received about $1.6 million more than they expected, and this is due to recovering revenues from the pandemic faster than expected. As a result, for the end of FY 2022, there was a General Fund balance of $16.3 million. However, much of these savings were due to projects deferred. In this FY 2023, the General Fund is expected to spend about $3.6 million than the revenue this year but again, this is due to timing issues.
City Council & Emergency Services Commission Meeting Page 11 of 30 December 12, 2022 • Staff expects to end FY 2023 with an estimated $13 million of General Fund Reserves which is 69% of the expenses which is well over the target of the 60% the Council has set or about $1.7 million over the target.
• There are several additions and staff has adjusted some of the property taxes slightly based on projections after hearing from Thomas Adams, Avenu Insights and Analytics at the November 14th Council meeting. Most notably, projections for sales tax have been adjusted downward slightly especially over the next 5 years.
• The other large change is for the purchase of the two properties. The City transferred $5.2 million from the City Offices Fund to Public Facilities which is a loan from the City Offices Fund, and they also transferred another $1.7 million from the General Fund towards that purchase. Over the next several months, the Council will be talking about uses for those properties, and that will be intertwined with how the Council ultimately wants to finance those purchases. • Another change is a correction in the staff report. Staff is asking that the Economic Development Manager position be extended for another 6 months which is at a cost of $80,000 and not $180,000 which is in error and she asked to make this correction when considering staff’s recommendation.
• The other change made is that the City now has begun to release some of the ARPA funds that was held from the first tranche that was allocated to the revenue losses. There was roughly $880,000 that was put into a sinking fund. Last year, the Council directed staff to use that money over the next 4 years to bridge the gap specifically for the downtown core area maintenance. This is a way the City is using those funds to help sustain the downtown and it helps the 5-year model.
The one thing she did want to mention is that the Council will see over the next 5 years, there are on-going deficits between revenues and expenses. In the first 4 years, they will be releasing those ARPA funds and a deficit is still about $500,000 a year. By 2026/27, that deficit increases to about $726,000. They have not yet allocated all the second tranche of ARPA funds. The committee will continue to meet and consider how they can possibly use those funds to bridge some of the other funding gaps.
In conclusion, the Council will be considering this again on January 9th and she was available for questions.
Mayor Anduri asked and confirmed there were no Council questions. He then opened the public comment period, and there were no speakers.
Councilmember Candell referred to the work to prepare new Downtown Objective Standards and said she did not see this on the Work Plans.
Ms. Srivatsa stated it is not in the current Planning Department’s Work Plan. This was presented to the Council in May of this year; however, when Planning returns at the start of the next FY and depending on what priorities the Council sets, staff will amend that Work Plan to incorporate the Objective Design Standards. The Council did talk about it at the last meeting and stressed the need and importance of preparing them after adoption of the Housing Element.
Councilmember Dawson stated she reached out to the City Manager regarding the priority for wildfire prevention and utility safety to acknowledge the work they have been doing through various channels with John Cornell, with PG&E, alerts, camera work, and training, as well as the additional inspection and maintenance work by the Public Works Department for the gas pipeline safety.
City Council & Emergency Services Commission Meeting Page 12 of 30 December 12, 2022 ACTION: It was M/S/C (Candell/Gerringer) to approve a 6-month extension for $80,000 for the Economic Development Manager contract paid out of the second tranche of ARPA funds; and continue budget discussion to January 9, 2023. Vote: 5-0 (Ayes: Anduri, Dawson, Candell, Gerringer, and Kwok; Noes:
None).
B. Update on Hybrid Meeting Solutions and Discussion on Returning to In-Person Meetings Recommendation: City Council and all advisory bodies should plan to resume in-person meetings by March 1, 2023, coinciding with the end of California’s covid-19 State of Emergency on February 28, 2023. Hybrid meeting option should be offered for regular meetings of the City Council, Planning Commission, Design Review Commission and Transportation and Circulation Commission.
Communications Analyst Suzanne Iarla stated the last update she presented regarding hybrid solutions was in March and she will provide solutions staff has been working on, certain state laws regarding public meetings, current health orders and to seek direction from the Council on staff’s recommendations regarding returning to in-person meetings. Regarding equipment, staff received direction from the Council in September 2021 to create and implement hybrid meeting solutions for public meetings in the Don Tatzin Community Hall and in the Arts and Science Discovery Center at the Library, and the City Council, the PC, the DRC, and Transportation Circulation Commission meet in those two rooms.
The improvements made are detailed in the staff report, which she described. Staff is confident that when the bodies return to hold meetings in the Don Tatzin Community Hall, staff will be able to accommodate hybrid meetings. The Arts and Science Room is not fully completed, but it would still be functional. Staff would like to change the projection screen in the room to a large monitor mounted on the wall. The systems were designed to accommodate City public meetings, but they also consider other users, including the Library Foundation and their renters.
She had one correction to the staff report relating to the HVAC system in Community Hall, which she clarified does have MERV 14 filters. In the staff report it is correct that staff has not yet undertaken the tests on the current system to see if HEPA filtration could be added or not.
Ms. Iarla then spoke about and provided background on State laws regarding public meetings, expiration orders, proclaimed emergencies, AB 361 which will sunset January 1, 2024, AB 2449 which requires a proclaimed emergency and allows for relaxed teleconferencing rules, health orders, COVID state of emergency which is planning to end on February 28, 2023 and staff recommends all bodies plan to resume in person meetings on March 1, 2023 assuming there is no relevant health order in place. Staff recommends a hybrid meeting option be offered as a convenience as an auxiliary to the in-person regular meetings of the Council, PC, DRC, and Transportation Circulation Commission. At this time, staff is not recommending a hybrid meeting option for regular meetings of any other advisory bodies. Remote comments from the public would be audio only with no video or screen sharing. Staff and consultants would be able to participate remotely with video and screen sharing capabilities for their presentations.
In terms of hybrid meetings being offered as a convenience and auxiliary to in-person meetings, staff would make clear to the public that technical difficulties could occur from time to time and they cannot guarantee the public’s on-line access would be uninterrupted, and staff may not even be aware if there is a power or internet service outage impacting a portion of town. Therefore, staff recommends remote participation be offered as a convenience to the in-person meeting.
City Council & Emergency Services Commission Meeting Page 13 of 30 December 12, 2022 Staff seeks direction from the Council on staff’s recommendation and she was available for questions.
Councilmember Kwok referred to bodies affected other than the Council, PC, DRC, and Transportation Circulation Commission, and confirmed all others will go back in person no later than March 1, 2023. For those not holding meetings at the Library and Don Tatzin Community Hall he asked if the other sessions would be in-person only with the ability for a Zoom session where people could call in.
Ms. Iarla said no, staff is recommending in-person only and no Zoom capability for those other advisory bodies other than Council, PC, DRC, and Transportation Circulation Commission. GPAC is an advisory committee and they would be included with the other advisory bodies; however, the City has the capability in the two rooms mentioned as well as move mobile equipment in other rooms so if GPAC had a community town hall for additional outreach, there could be the opportunity to utilize hybrid meetings on a case-by-case basis.
Councilmember Candell asked about the difference in cost of having just the audio versus the audio and visual for speakers during hybrid meetings.
Ms. Iarla said there is not a difference in cost but the number of actions by staff who are running the Zoom meeting and running the cameras and displays during the meeting takes more time. It also takes longer to bring each person in when someone is providing a public comment. She has observed other cities, and many have oral only public comments which can be immediate.
Mayor Anduri said if the Governor’s Order lapses as planned on February 28th but the Contra Costa Health Officer as a result of a COVID surge renews the advice that public bodies meet via Zoom. In that case, he asked if the Council and other public bodies could meet via Zoom.
Ms. Iarla said yes; AB 361 would allow that to happen if there was a local emergency declared. That bill allows those meetings to happen through January 1, 2024.
Mayor Anduri said one way to proceed would be ready on March 1st, but if circumstances changed, the City would have the ability to say as they are. Ms. Iarla confirmed.
Mayor Anduri opened the public comment period, and there were no speakers.
Mayor Anduri asked Councilmembers for deliberation.
Councilmember Kwok said he believes this is a thoughtful and practical approach that balances cost and staffing time. He wished that the public could attend virtually on all Commissions as they do today because it is an expansion of democracy he has seen in the last 2-3 years, but he understands it is more work for staff and more complexity. Otherwise, he thinks he can support the recommendation, given it is practical for March 1st and they can always change in the future.
Councilmember Gerringer recognized a speaker.
SHERRIN FARLEY said she personally would not attend as many meetings if they were all in person and strongly recommends having the hybrid meetings for as many of the meeting bodies as possible.
City Council & Emergency Services Commission Meeting Page 14 of 30 December 12, 2022 Councilmember Gerringer said she agrees with Councilmember Kwok that in an ideal world they would continue with the Zoom hybrid options for all bodies and be able to have some continue to be on Zoom altogether even with Commissioners, given the increase in public engagement. She also appreciates going back at some point which is also part of their democracy and being in person. Since emergency orders are ending and they are going back in person, looking at the cost aspect of this, it makes her support the recommendation. As they get going again in person and with hybrid options, they can change within the requirements of public meeting laws.
Councilmember Candell echoed comments. If they try it, see the public outcry or not, and be willing to modify if they need to, she can support that.
Vice Mayor Dawson concurred and echoed comments.
Mayor Anduri said he spoke about this with staff, but he personally does not look forward to the end of the order because it is much safer for the community and it has worked out very well for the public to attend via Zoom. He thinks there is more participation than if they had to drive to the Community Hall.
He thinks they have operated at a high level in terms of each commission as well, so if the County Health Officer does provide advice, he will be in favor of staying with Zoom as long as they can do it.
The only other comment is that one of the reasons the City got ARPA funds was so they could use those to fund improvements in public buildings, particularly with respect to filtration and circulation of air. He would appreciate it if Ms. Iarla can work in the Tatzin Hall, but also the Arts and Sciences Room to see if they need to spend ARPA funds to provide higher filtration and better circulation in the rooms where people will meet, and asked for a follow-up report on this.
ACTION: It was M/S/C (Candell/Dawson) that City Council and all advisory bodies should plan to resume in-person meetings by March 1, 2023, coinciding with the end of California’s covid-19 State of Emergency on February 28, 2023. Hybrid meeting option should be offered for regular meetings of the City Council, Planning Commission, Design Review Commission and Transportation and Circulation Commission. Roll Call Vote: 5-0 (Ayes: Candell, Dawson, Gerringer, Kwok and Anduri; Noes: None).
BREAK
Mayor Anduri called for a break at 8:53 p.m. and, thereafter, reconvened the regular meeting at 9:00 p.m.
11. PUBLIC HEARINGS
A. Tracy Robinson, Administrative Services Director
Consideration of Joining the California Municipal Finance Authority (CMFA) and Adopting the BOLD Financing Program for Creation of Community Facilities Districts for Facilities and Impact Fees
Recommendation: Discuss and direct staff.
Administrative Services Director Tracy Robinson gave the staff report and overview of the request of the Council to consider joining the California Municipal Finance Authority (CMFA) and adopt the BOLD Financing Program for creation of Community Facilities Districts for facilities and impact fees.
City Council & Emergency Services Commission Meeting Page 15 of 30 December 12, 2022 Dennis McGuire, Managing Director, Piper Sandler, said they are the bond underwriter on the CMFA BOLD program. This program is based on the Mello-Roos law which is a law in California that allows for a Community Facilities District or special taxing district to be formed and voted on by property owners within that specific geographic boundary. It is not a tax that would be on the entire City but specific to a given project. The District is legally formed through an election of the property owners within that district.
Often, for a new development project there would only be one elector being the developer and owner of all property within that district. The district is formed, a maximum dollar tax amount is identified at the time of formation, the time period for which the tax can be levied is identified at the time of the election, and the tax stays with the property over the life of the CFD. The property owner can pre-pay that tax to remove that lien but by and large, it does not need to be paid off at the time that a home or condo is sold.
It stays with the property line any other property tax. The taxes themselves are an additional line item on the property owner’s tax bill clearly identified as CFMA Special Tax. Also, when a property owner looks to have bonds issued to fund their portion of the impact fees, for smaller projects this is why it is done through a JPA because they are able to pool that financing with multiple other small financings throughout the state in order to have a much larger financing which is better received by investors.
Dave Fama, legal counsel, Jones Hall, said they exclusively do bond work which includes these types of districts that are bonding districts. The City would be outsourcing something that it could do on its own by creating one of these districts, issuance of bonds which are secured by the special taxes that the district levies. The City would be outsourcing that to CMFA under this program they have in place which has been highly successful with many cities. The City approves the project and once the City tells CMFA they are okay with it at the staff level CMFA would run with it. The City can be as involved as they want to be or not, but the City is basically relieving itself of staff time by outsourcing it to CMFA. All costs are borne by the developer.
The action before the Council would be to join the CMFA. There is no liability in joining as there are hundreds of members in the State. CMFA is a JPA available for issuance of bonds and other financings, such as affordable housing deals. Then, the City would authorize project-by-project approval of participation in this program by staff. After the Council authorizes the program, City staff would basically approve individual applications. The Council might be more familiar with assessment districts, and this is very similar.
Vice Mayor Dawson and other Councilmembers disclosed that the way they were educated about this item was through the Lafayette Lane project, and that Patricia Curtain set up that meeting so they could understand it.
Councilmember Candell asked if this strategy has ever fallen apart and she asked if so, what sort of exposure the City might have. She also said on this item, she asked about how much per unit extra cost would new residents see.
Mr. Fama said the security for the bonds is the tax on the individual properties and so almost all the CFDs are set up with accelerated foreclosure provisions because it is not a lien on the property owner, but on the property itself. In the event of non-payment, the issuer covenants to being accelerated foreclosure proceedings much like the County would in the event of non-ad valorem property tax payments, although depending on how legal documents are prepared and the amount of the delinquencies the County would typically wait 5 years for CFDs but it could occur within one year. Normally, that would be undertaken by the issuer. In this instance it would be CMFA who is the issuer on behalf of the CFD.
City Council & Emergency Services Commission Meeting Page 16 of 30 December 12, 2022 For CMF BOLD, the program has been around for 3 years and they have not had that issue in having to foreclose on any properties. By and large, the default rate in the amount of missed payments for the CFD market itself in California outside of CMFA is very low. By and large, once these projects are built and a home or condo building is completed, the value of that property is far in excess of the amount of taxes being paid on it. Often, these CFDs in the state have performed very well but there is always that risk and the way to correct it would be through foreclosure, but that would be done through CMFA and not through the City in this instance.
Ms. Robinson added that in the staff report staff received a Pro Forma from the Lafayette Lane program in the summer. Things and rates have changed since them, so these numbers may be different. The City is not the only entity that charges impact fees. There are utility impact fees and she believes at the time, they estimated it would be about $3,800 a year on these properties.
Mr. McGuire noted that the ways these districts work is that the total tax burden does not exceed 2% and usually it does not exceed 1.8%. There might be some GO bonds or school district bonds, but the way they come out is they will not let the total tax burden exceed 1.8% of the home price so that $3800 is common. He knows there is a CFD on Wilder Ranch in Orinda and he believes they are at that level.
Councilmember Gerringer asked and confirmed with Ms. Robinson that the $3,800 would be in excess of the standard and special taxes listed on resident property tax bills.
Councilmember Gerringer asked if there are any CMFA projects or JPAs in the Bay Area.
Mr. Fama said the Bay Area is largely built out and they do most of these transactions more in the Sacramento Area and Central Valley where new housing is more robust than the Bay Area. Wilder Ranch was done by the City itself prior to the existence of this program and so there was no outsourcing there, but creation of the CFD and payment of the tax is the same they would be doing here.
Mr. McGuire said CFDs are often used where there is a lot of high growth going on, but San Francisco has used CFDs on some of the projects in Treasure Island, new projects going on in the Trans Bay Area, and in a few other areas as well. As you get out further, Tracy has been using CFDs lately as well.
Mr. Fama said their firm is currently working on CFDs in Alameda, San Leandro, Newark and done by the cities and not through the program.
Vice Mayor Dawson asked and confirmed with Mr. Fama most of the CFDs are done for market rate housing and not for affordable housing. CMFA does a lot of affordable housing transactions, but those are not CFDs or part of the BOLD program. That is a specific type of financing specifically for affordable housing.
Councilmember Kwok said if the City goes the tax-free bond route there is a 3-year deadline. He asked if that implied that if they went with a taxable bond, it is something different than a 3-year deadline.
City Council & Emergency Services Commission Meeting Page 17 of 30 December 12, 2022 Ms. Robinson said this is true. Mr. McGuire confirmed and said they have done taxable CFD bonds through CMFA through the BOLD program when it is possible that the use of those proceeds may extend beyond 3 years or it is not guaranteed that they will be spent within 3 years. So, this gives more flexibility on the timing of the use. It is not just the pulling of the building permit that means funds are expended. It is those funds being expended on tax exempt public projects.
Mr. Fama said procedurally, this is not something that needs to be covered with this initial approval. What sometimes happens is the CFD is formed and the bonds will not be issued for a year later. At the time bonds are going to be issued, they will come back to the Council and say the developer wants bonds to be issued now. It would generate for example $3 million in proceeds. The developer wants to use those proceeds to pay impact fees. They would ask the City before issuing bonds whether they foresee they would be able to expend those proceeds within 3 years.
If the City sees no problem with that, then they would move ahead with tax-exempt bonds. If the City says they could expend $2 million but not $3 million they would probably do $2 million of tax exempt and $1 million of taxable. So, this puzzle is worked out at the time the bonds are issued and generally it is a decision as to whether the bonds would have to go taxable or tax-exempt. If they go taxable, it is a slightly higher interest rate which gives a slightly less amount of proceeds to the developer, but nonetheless, the transaction is still doable. If the City was not comfortable with moving forward with bonds at all at that point, the City can say they are not comfortable with the structure of these bonds or the special tax or whatever and they would call it off, but generally, they would try to work it out.
Ms. Robinson said there is a time limit on all impacts regardless if they are financed or not.
Councilmember Kwok stated therefore they would have optionality at a later time that they do not have to decide today. He then asked what is the delta between a tax-exempt bond and a taxable bond today.
Mr. McGuire said right now it is wide given what is going on in all interest rate markets. As rates go higher, the spreads widen out between tax-exempt and taxable. Again, the market has been quite volatile, and he thinks they will be well north of 100 basis point and probably closer to 150 basis point spread between tax-exempt and taxable. If this was one year ago, that spread would be significantly tighter.
Councilmember Kwok said then it is the difference between 5% to 6.5%.
Mr. McGuire said yes, and he thinks both of those are a bit higher in this market, but he thinks that will be about the difference. But, the market for taxable has become a bit thinner so it really depends on a week to week basis. For a good rule of thumb in this market, that is about the spread differential.
Councilmember Kwok asked if it does not matter that the City of Lafayette has a AAA bond rating. The bond rating would be CMFA’s credit rating and he asked if it is not related to the City’s.
Mr. McGuire said it does not. because there is no security coming from the City of Lafayette.
Councilmember Kwok asked if this mechanism provides a lower cost of money to the developer in all cases compared to the developer going out to get private capital.
City Council & Emergency Services Commission Meeting Page 18 of 30 December 12, 2022 Mr. McGuire said it depends on the point in time and where those two markets are. Some of the benefits of this is that the developer can access the tax-exempt market so theoretically they should be able to borrow at a lower rate. Their financing is amortized over 30 years so the developer can effectively stretch that out or securitize the taxes for 30 years which he understands is a little more difficult in the private markets. Also, it is a tax lien that stays with the property so when the developer sells the property, they do not need to pay off the lien. It says with the homeowner.
Mayor Anduri said in the 3 years they have been doing this he asked if there has been any experience of buyer’s remorse with respect to the line showing up on the tax bill.
Mr. McGuire said sellers are required to disclose these additional taxes to the buyers. In most places where they have done these and put them in place most of the projects within the surrounding area also have CFDs in place. Those tax rates may vary from project to project but they are on a lot of the surrounding projects as well. He thinks there may be individual homeowners that will call up and ask what is this additional tax on their bill, but those calls are going to CMFA Administrator. He does not have any specific examples, but in talking to Administrators they say they occasionally get those calls about what are these taxes, what are they paying for, can they pay it off, etc.
Mayor Anduri referred to the benefit of the City being able to get the money quicker but the need to spend it in 3 years. If the bond is funded and the City is paid their fees, he asked if the monies go into each individual account, such as the Parkland Acquisition Fund, Park Improvement or Facilities gets its amounts.
Ms. Robinson said yes, it works the same way. It is just accelerated.
Mayor Anduri asked if the City now has any time factor.
Ms. Robinson said yes, there is a time factor. The City cannot just keep impact fees forever. Even for the fees as the City gets now have a time limit. She thinks it is 5 years and they just cannot collect the fees and 25 or 30 years later still have the fees.
Mayor Anduri asked the City Attorney what the time period is.
City Attorney Mala Subramanian said she thinks it is more of a plan for use because with Park fees, it takes the City quite a while to accumulate enough money to acquire property.
Mayor Anduri agreed Park acquisition fees sit a long time. If the City entered this program and did it for this particular project and they got a Park acquisition payment. He asked if that would go into a subaccount so they would know they would have to pay that money out in 3 years.
Mr. Fama said no, the City does not need to. That would be great, but generally the question they would ask is whether the City has on-going facilities that the City will spend impact fees on and they would just assume that the money going in is last in/first out so the bond proceeds are deemed to have been used on the next expense.
City Council & Emergency Services Commission Meeting Page 19 of 30 December 12, 2022 Mayor Anduri said then the City can go years between park acquisition. Mr. Fama said that is the type of thing when they ask the question when they are about to issue bonds, and they do have some impact fees that cities will say, no, they are saving up for a regional improvement that will come in 10 years. They run into that frequently and at that point, they would either drop that from the financing list and say that fee is ineligible or go taxable on it. Sometimes if it is a small component of the overall request it is probably not worth doing a taxable bond for it and they will just drop it. But, that is the discussion that happens prior to the issuance of bonds.
Mayor Anduri asked for comments from Mike Whipple and Perry Hariri and provide them with 3 minutes to speak if they wish to speak and then ask for public comments from the public.
MIKE WHIPPLE, DFA, said he is working with the applicants of Lafayette Lane and hoping to utilize the BOLD program and appreciates everyone’s time as it relates to this issue. They had several conversations with members of the Council and staff to help educate them on the BOLD program. They have utilized the program for the last 3 years working with Mr. Fama and Mr. McGuire on several projects in California and found it is a great tool to deliver needed housing through low-cost financing for public improvements and development impact fees.
They found that most of the builders they work with, both regional and national, enjoy utilizing this program, enjoy working with the team and found it beneficial for their projects and delivering needed housing, and then to benefit the public agencies where they are allowed to pre-fund a lot of impact fees.
Those impact fees go to critical citywide or regional wide infrastructure needs such as traffic, parks, and others associated with projects. They are hopeful the Council adopts the BOLD program as it is a no cost proposition for the City and any municipality that adopts it. In moving forward, they are happy to answer any additional questions as it relates to the BOLD program or the project and how they see this moving forward in the future.
Vice Mayor Dawson said Lafayette has high property values and she asked about other similar cities with the BOLD program.
Mr. Whipple said public financing, whether through the BOLD program or CFDs individually, was something Mr. McGuire identified as in the Bay Area. There are counties in the Sacramento region that have some expensive properties as well such as El Dorado County and El Dorado Hills are using quite a bit of public financing, as well as Placer County. They have successfully completed some transactions in the Town of Truckee within the last 18 months that have high values associated with their projects, so it is occurring throughout California.
Mr. Fama noted that his firm does this type of work in Treasure Island and Mission Bay. Treasure Island is under massive development, is very expensive property, and there is a CFD which is quite robust.
PERRY HARIRI said he is the developer of Lafayette Lane and they originally engaged Mr. Whipple.
Councilmember Kwok “nailed it on the head.” This is just another form of financing that otherwise is not available for developers today. The capital markets are completely dislocated right now, and they are having a difficult time financing the condominium project. Loan proceeds have gone down to less than 50%. Interest rates are north of 8% if they can get it, and this project has a 38-unit affordable component for adults with developmental disabilities, so it makes it very difficult to do this.
City Council & Emergency Services Commission Meeting Page 20 of 30 December 12, 2022 He said this is really a way to finance the project when financing is not otherwise available. They fully disclose the tax to the homeowners and if this was not available, some other form of financing would be paying for these fees, and the home buyer would still pay for this through increased home prices. So, this is a way to finance it and spread out the payments over 30 years. So, buyers get a slightly reduced purchase price in lieu of the increased taxes they are paying, so it is a form of financing to make projects work and they have used it many times.
Councilmember Kwok said the project, Lafayette Lane involved commercial with the John Muir Clinic as well, affordable units, as well as condominiums. He asked what would be the average selling price the condos would go for.
Mr. Hariri said these will be an average of 1400 to 1500 square foot condos so about $1.5 million.
Vice Mayor Dawson asked if there will be multiple developers for the different commercial, market rate and affordable housing.
Mr. Hariri said they will be the master developer and developing the market rate condos themselves if they can get the financing for it. Right now, the medical office is intended to be occupied by John Muir Medical. They would build it and John Muir would be their tenants, and Sunflower will be the developer for the affordable units and managing it in conjunction with another affordable housing developer. They need this because they will be the ones grading the entire site, putting in the utilities, paying all the fees and upfront infrastructure and will need to pay it upfront. They simply do not have enough capital in the marketplace for it.
Vice Mayor Dawson asked if Sunflower would have access to the BOLD program.
Mr. Hariri said yes, but it will not encumber the affordable housing or the John Muir Medical. It will only encumber the condo units. All owners would have full disclosure and be aware of the costs. It is typically
1.8% maximum tax, so this is an additional .4 or .5 on their taxes.
Mayor Anduri opened the public comment period.
MIKE HOWL, Project Manager, Miramar, said he spoke with most Councilmembers previously to educate everyone on the program. He referred to the tax rate of 1.8% and up to 2%. The proposed tax rate potentially for Lafayette Lane project would be an increase of 2/10th of a percent to 1.5%. So, it is a nominal number when considering the amount of tax available. Regarding projects with CFDs, there are several large projects, specifically Windemere and Gail Ranch in San Ramon that have CFDs, as well as the Concord Naval Weapons Station will have a very large CFD as well. It is common in more developable areas.
Councilmember Kwok voiced support of moving forward with the staff recommendation. It is not an obligation and is a way for public and private partnerships to work to finance and make projects pencil out. Cities generally would have a lower cost of capital than private enterprises, and if that were passed onto the homeowners, they are getting a 30-year bond at tax-exempt City rates compared to getting a mortgage on the private market which would be higher. So, it will be a lower cost of money to the owner.
He thinks it is a win/win situation and the City needs to partner with developers to create housing in the City.
City Council & Emergency Services Commission Meeting Page 21 of 30 December 12, 2022 Vice Mayor Dawson said she supports this as a tool to help finance projects the City sorely needs and just wondered how the 122 families at Lafayette Lane would feel as they would be taxed at this rate which is a first for Lafayette. However, she voiced support of it as a tool to make projects happen.
Mayor Anduri asked how much staff time does Ms. Robinson see this taking if they were to move forward as compared to what staff would do if they did not have this.
Ms. Robinson said if they did not do anything at all it would take zero staff time except accounting for the fees that come in. But, she believes that if the City joins there would not be significant staff time involved.
The City has issued bonds before and have been involved which is a lot more staff time than this would take. The Council heard them say the Council could pass the responsibility of approving projects as they come onto staff, and this is a policy decision the Council may want to make. The Council may want to look at these projects individually or at least the first few that come through. So, this may involve more time by the Council reviewing these projects one by one if that is something the Council wanted to do. But, she does not see staff time being significant.
Mayor Anduri said if the Council were to move forward tonight, he asked if this is something they would need to decide tonight. He is clear about the resolution joining the program but asked if they need to specify in the resolution where the approvals come from at the City level or he asked if this can be decided later.
Ms. Robinson said she thinks it is always their prerogative to bring it to the Council. Ultimately, staff can do it, but she would not be comfortable and suggested the first few be brought back to the Council until they became more comfortable with the types of projects and the amount of money. But, the Council does not have to decide this tonight.
Councilmember Gerringer confirmed the Council would be moving forward tonight to approve the two resolutions that would be the City joining the JPA and the use of the BOLD program. The City is not required to take advantage of it, so the next step would be a specific project the Council would look at.
Councilmember Gerringer referred to the agenda description which states, “discuss and direct staff.” Mayor Anduri asked the City Attorney if the Council can vote on the resolutions tonight or should they continue it to another meeting and state in the description the Council would be voting on resolutions.
Ms. Subramanian said the Council should request staff bring back the matter for approval. This was the first discussion of it, and it could be brought back on the Consent Calendar at the next meeting, if directed.
Mayor Anduri said he would feel more comfortable having it on the regular agenda and providing a chance to do a bit more due diligence before voting.
Vice Mayor Dawson agreed and thinks there are different ways to approach this and whether the Council would want to look at each project. If most of this building is going downtown, it would be good to know more about the program and how it affects development.
City Council & Emergency Services Commission Meeting Page 22 of 30 December 12, 2022 Councilmember Gerringer said in terms of the different projects and about having the first several projects coming to the Council to approve, she asked if the development projects will have gone through the City’s entitlement process before or after they determine the BOLD program is a mechanism for them. She also asked if the Council does this and joins CMFA she asked what discretion the Council has on whether a project fits in a particular area. So, she still has questions about the policy implications of that. Also, depending on how many of these developments are approved under a CFD in the community, the school districts would rely not only on development fees but on the parcel taxes and school bonds, so this might be a financial concern as to where residents hold the line on taxation. So, she also agrees this should return as a discussion item.
Mayor Anduri asked Ms. Robinson to investigate the questions raised before the next meeting. He asked the representatives what is their timing needs for the BOLD program and Council approval of this matter.
Mr. Whipple said from a timing perspective, he thinks they have some time to work out a couple of comments the Council brought up. He does not think they anticipate construction starting until the middle of 2023, so this gives them some time and is why they began the conversation early.
Mr. Hariri agreed they do have a little bit of time before they start, but this does not happen overnight.
There is a process to underwriting these things, issuing the bonds, etc. So, there is a fair amount of lead time and they need some visibility if and when these funds are available when they secure their financing to start construction. Therefore, they need this sooner than later but if they get it done in the next couple of Council meetings that would be very helpful.
Mayor Anduri said the Council has very full agendas for the January meetings, given deadlines they are facing.
Ms. Srivatsa said she thinks the Council will be discussing its priorities after the workshop, but the first two meetings in January are getting full and there is an additional special meeting as well. So, the focus will be on the Housing Element update and the budget in January.
Mayor Anduri asked if February 13th works for Mr. Hariri. Mr. Hariri said this should work if that is the soonest, and he thanked the Council.
Mayor Anduri asked those Councilmembers that had specific questions to send them to Ms. Robinson.
ACTION: It was M/S/C (Gerringer/Dawson) to continue to February 13, 2023. Vote: 5-0 (Ayes: Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
12. ITEMS REMOVED FROM CONSENT
A. Minutes – November 28, 2022
Recommendation: Approve.
Councilmember Kwok said he had some edits for clarification. He shared them on his screen and plans to submit them to the City Clerk for correction. Councilmembers then reviewed the edits requested of Councilmember Kwok, and voiced support of the amendments.
City Council & Emergency Services Commission Meeting Page 23 of 30 December 12, 2022 ACTION: It was M/S/C (Kwok/Dawson) to approve the Minutes of November 28, 2022, as amended. Vote:
5-0 (Ayes: Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
B. Ordinance 685 Adding Article 3 “Storage of Firearms” to Chapter 6-8 “Firearms” of the Lafayette Municipal Code to require safe storage of firearms in a residence Recommendation: Waive second reading and adopt Ordinance 685 Adding Article 3 “Storage of Firearms” to Chapter 6-8 “Firearms” of the Lafayette Municipal Code to require safe storage of firearms in a residence.
Councilmember Candell said there was a member of the public that emailed her and the City Manager and requested she read his statements as a public comment. She read the email from Mr. Bruce Whitton, as follows: “I want the Council to know in my words directly what the experience is like to protect your family on a moment’s notice when you are sound asleep and instantly threatened. I want them to know that you have no idea if that person intends to kill you and your family or is there just to ransack your house. You don’t have time to think. There is so much more than just reading this. They should know the police response which was excellent would not have helped and why that is. They should know multiple prowlers have been reported to the police just before the significance of that report. They should know I didn’t even know until those few seconds that my farm-raised wife had a gun accessible immediately that may have saved all of us. I remained pretty quiet about this for 30 years for fear of retribution, but the sanctity of protecting one’s family is too important. They cannot know the experience unless having lived it. Again, I was not pro-gun. I am pro our individual rights to protect in our home. My goal is to be able to further this discussion and not have it rubber-stamped and passed after simply reading my brief letter, but I am guilty of not being aware of discussing this. So yes, please do read my letter and any of these subsequent emails I’ve just sent. My goal is to have an in-person discussion with the Council before they vote. Again, I’m betting not a single person on the Council has spoken to anyone that has defended their home in Lafayette where instant access to protection was crucial to one’s very survival. Please read that too. Thank you again.”
Mayor Anduri opened the public comment period.
ROBERT LAVOIE said he was not planning to speak on this, but he was discouraged there were no other people in the whole town that were concerned about personal safety. He is very happy this person shared his story, and there was an example in Alamo where people banged down the door and killed a man’s wife and he had some guns upstairs and was able to shoot back and defend the house. It is not an easy situation so this is not something that should be rubber-stamped because it sounds good. The Council has received a lot of comments from people and he would bet 99% of them do not own guns and that is their personal choice. But, people who want to defend themselves and their families should not be restricted by overly obsessive rules.
NICOLE HSU said she is a resident of Danville but the local lead for Moms Demand Action for Gun Sense in America group, their local Diablo Valley Region and spoke on behalf of their founder, Shannon Watts who is a Lafayette resident and was unable to attend. They are coming up on the 10-year anniversary of the tragic Sandy Hook shooting in Connecticut that took 22 lives and the day after Sandy Hook is when Shannon found Moms Demand Action for Gun Sense in America. They are not anti-gun. They are anti-gun violence. This is not about controlling people’s property or their right to own guns. It is about keeping guns out of the wrong hands and keeping the community safe.
City Council & Emergency Services Commission Meeting Page 24 of 30 December 12, 2022 Regarding the comment that was written in, there are many gun safes that are fingerprint activated that allow people to access their guns within seconds. Easy access to firearms for self-defense exists and it is pretty affordable, and it is just a commonsense thing. Sandy Hook was much like Lafayette, like Danville, like many communities where you feel safe and then something horrific can and has happened over and over again. Their group is trying to establish a change in behavior and encourage people to prevent actions before they occur versus reacting to them. This is just a simple statement that says Lafayette cares about its citizens, and it has nothing to do with preventing people from owning firearms and protecting themselves. All of that can still happen and she asked to encourage prevention, awareness, and responsible gun ownership.
BETH GOLDBERG said she was deeply grateful to the City Council at the November meeting for unanimously voting to put the safe storage ordinance on the Consent Calendar. It was a meaningful action that showed their town’s commitment to safety. She continues to advocate for the ordinance since it was removed from the Consent Calendar. Her uncle committed suicide in 2005. It was devastating for her family, which she described and said with time, the pain was easier to manage. His loss is part of her story and lives in her heart. Mental health is an epidemic. Fortunately, there are resources for people, but when a person is feeling depressed, hopeless, or whatever emotion leads them to thinking to take their own life, suicide is a devastating action but is based on an intense feeling in the moment of time. If they can create barriers in those moments, lives will be saved, and safe storage is one of the ways to do this. Access to a gun can have a significant impact on what happens next.
One study found that households with locked firearms and ammunition were associated with 78% lower risk of self-inflicted firearm injuries. States with other forms of firearm storage laws, known as CAP (Child Access Prevention) laws saw an 8% decrease in overall suicide rates and an 11% decrease in firearm suicide rates among adolescents 14 to 17 years old. She is advocating for responsible gun ownership and gun safety. Keeping firearms locked in a safe or having a trigger lock will save lives and is the responsible way to store guns. It creates a barrier to making a deadly decision based on the state of mind in a moment of time. It is our responsibility as parents and adults to reduce the risk of gun violence in our community, including suicide. She asked the Council to take this preventive measure and pass the safe storage ordinance.
LIZ KEYSER said she has 3 school-aged children, echoed Ms. Goldberg’s comments and thanked her for her support of this ordinance, and said safe storage is a commonsense measure that has already been adopted by many neighboring cities. She is asking the Council to join those communities by taking this preventative measure. Safe storage is not cost-prohibitive. There are actions available very reasonably priced. A DOJ safe storage device can be found for as low as $50 and research shows that safe storage does not restrict access from the legal owner of the firearm. Firearms can be accessed from a safe in seconds, and safe storage ordinances allow someone to have their firearm out of the safe without a locking device if it is on their person.
Safe storage literally saves lives. Every year nearly 350 children unintentionally shoot and kill or injure themselves or someone else. Safe storage should apply to all homes regardless if children reside there.
Children visit homes that are not their own all the time. This ordinance does not have anything to do with background checks or making it harder to legally obtain a gun. It has everything to do with keeping guns away from children and teens who should not be handling or playing with firearms. The staff report from the last meeting included 98 pages of public comment which were almost all in support of this ordinance and it is time now to join neighbors and pass this ordinance.
City Council & Emergency Services Commission Meeting Page 25 of 30 December 12, 2022 TOMALIKA PAIK said she has lived in Lafayette for the past 8 years with her husband and three schoolaged children, is an anesthesiologist and often works with trauma victims in the hospital. Today, she reiterated what the most current and comprehensive research on safe storage indicates. Safe storage practices play a vital role in reducing the risk of gun violence. Storing firearms securely protects children and adults by preventing unintentional shooting and gun suicides. Nationwide, nearly 350 children under the age of 18 unintentionally shoot themselves or someone else. Firearms are the leading cause of death for children under age 18 in the U.S. These statistics seem unbelievable until one considers that 4.6 million children in the U.S. live in a home with at least one unlocked and loaded firearm.
Every year, hundreds of children in the U.S. gain access to unsecured loaded guns in closets, nightstands, backpacks, and purses or just left out. According to an accident index, there were at least 2070 unintentional shootings by children under 18 years old between January 2015 and December 2020, resulting in 765 deaths and 1,366 injuries. In 2020, as gun sales surged 64%, the number of unintentional shooting deaths by children was 31% higher from March through December 2020 than during the same period in 2019. Fortunately, safe storage is a proven strategy for mitigating child injury and death by firearms. Rates of death or injury from shooting in states with no safe storage laws were double or triple rates. She asked the Council to vote a pass a safe storage ordinance to keep the community safe.
ETHAN BITTERNAGEL said he has been a resident in Lafayette for almost 4 years with his two school aged children and his wife. He reiterated and associated himself with the comments made by many speakers in support of this legislation and ordinance. He thinks research clearly goes to show and indicate that family members and others within a household and communities in general are safer when guns are properly stored unloaded within the confines of a safe or they have trigger locks, and that all lives are safeguarded in that instance. He thinks an ounce of prevention is worth more than any number pounds of cure going forward. He encouraged the Council to unanimously support and pass this ordinance.
Mayor Anduri said he does not see this as being rushed through, thinks the Council has taken time to read extensive comments from the public, thinks it is fair to say that each Councilmember in their own research has come to a conclusion, and he would not want anyone to think this is a rubber stamp or something being done to feel good.
ACTION: It was M/S/C (Candell/Dawson) to adopt Ordinance 685 Adding Article 3 “Storage of Firearms” to Chapter 6-8 “Firearms” of the Lafayette Municipal Code to require safe storage of firearms in a residence. Vote: 5-0 (Ayes: Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
I. Housing Element Update – City of Lafayette 6th Cycle Housing Element housing plan to promote preservation and production of housing and housing opportunity sites identified to accommodate the mandated Regional Housing Needs Allocation of 2,114 units assigned to Lafayette, plus a buffer, which total approximately 3,000 new units between 2023-2031. The draft Housing Element Update can be found at www.planlafayette.org.
Recommendation: Continued without discussion to the Planning Commission meeting of January 3, 2023.
Mayor Anduri said all Councilmembers have read the staff report in detail. He asked staff if there is anything since providing the staff report to be updated on.
Director of Planning and Building Greg Wolff said staff had not prepared anything additional to present this evening.
City Council & Emergency Services Commission Meeting Page 26 of 30 December 12, 2022 Councilmember Candell said in looking at Colin Elliott’s letter, the first item was not to upzone Area 4 because it only has 2 opportunity sites. Also, he asks to take out the Plaza Center which is not in the City’s Housing Element. She asked if those two things feasible to be done. In addition, she asked if the City upzones the Plaza Center this significantly they could solicit a letter from the landowner and maybe then include it in the Housing Element.
Mr. Wolff said the Council has the wherewithal to make any decisions regarding what areas are upzoned or not. A concern around not upzoning an area is that while there may be very few opportunity sites identified because the 44-page guidance document by HCD provides a multitude of rules and stipulations surrounding what can be identified as an opportunity site. ABAG provided each jurisdiction a tool called the Housing Element Site Selection Tool wherein they took the criteria HCD established and applied those to the parcels within a jurisdiction. A sum total of zero qualified in Lafayette as an opportunity site based on all of those rules on the face of it.
Every single potential opportunity site required additional information, data, background, etc. to justify it as an opportunity site. While the City is limited in what it can identify as an opportunity site to accommodate RHNA, additional parcels can and are redeveloped even though they have not been identified. So, therein, staff would recommend maintaining what the Council previously directed with respect to all areas on November 28th.
Regarding Plaza Shopping Center, he believes the property owner submitted a letter that spoke to both the Plaza Shopping Center and the Rosedale-St. Mary’s-Moraga Road site indicating an interest in redeveloping even at the current 35 du/acre and thus, he expects if the density is higher that interest would remain. They also indicated an interest to have all of their opportunities remain open to them and have the flexibility to redevelop the site as they see fit in the future. He can reach back out to the property owner and confirm as much.
Councilmember Candell said the flip side of that is, can the City justify removing it from that area because the City is not including it. She asked would that not be spot zoning.
Mr. Wolff said it is a sufficiently large area where he does not know it would qualify as spot zoning. Staff can look at that further. He thinks the same thinking in his initial response with respect to Area 4 still stands. So, while they may not be able to provide sufficient evidence and analysis to HCD to justify it, were the property owner to redevelop a portion of it, for example, building on top of the existing parking lot but keeping the existing businesses, that would be a positive outcome for the purpose of housing production while maintaining the existing uses there. So, staff would continue to recommend what the Council directed on November 28th and not recommend changes.
Mayor Anduri opened the public comment period.
ROBERT LAVOIE said he is speaking on behalf of himself and Colin Elliott who is out of the country now.
Despite Mr. Wolff’s advice, he would counsel the opposite on the upzoning of the areas in Area 4 and 3A and 3B. They are not counting these areas for very many properties. They are critical areas in the middle of the downtown and they already have up to 52 du/acre density, so it is significant density and much higher than the have had in the past. Secondly, he mentioned in his letter today that the City should increase its ADU allocation.
City Council & Emergency Services Commission Meeting Page 27 of 30 December 12, 2022 He said Mr. Wolff spoke with him and there were some discrepancies. He had a model he was working on new housing units that are lot splits which got co-mingled with some of his ADU numbers, but he still comes up with between 4 and 5 average for the last 2 years, so something like 400 units is probably more reasonable. Mr. Wolff is counting only permits and some permits have 4 ADUs on one permit, so he asked to make sure they are not just counting permits but units, as well. So, he asked to add in some additional ADUs which will give them an additional cushion on the yields and also on the buffer.
HCD does not allow the City to look at SB 9 production but creating new lots and with each lot you can have a new house and a new ADU. There is a lot of potential growth there that is not reflected in any of the City’s past history. HCD is ignoring this, but he asked to make sure even if they are not factoring it in as a hard number that this is going to support our buffers and so forth. Again, on the upzoning of some of these areas where they are not taking any housing, residents lose the right for negotiating for features that might benefit the residents and it gives developers all the benefits.
JEREMY LEVINE said it seems like the Council already had a clear discussion and he does not see that changing right now. The fact is, he would like this plan to be different. He has made his recommendations as well as Inclusive Lafayette for how they think this plan could be different. At this point, it makes sense for the Council to submit this plan to HCD, move forward with the work staff has done, get feedback on the next round, and then if they need to make more changes they can revisit the discussion.
He would like to talk more generally about why housing is good and why we could benefit from upzoning the downtown even more than what the Council is discussing, and maybe a little more differently than what they are discussing right now. He has a presentation to display and said AG Bonta says infill housing is one of the best strategies to reduce fire risk. UC Berkeley says that urban infill and vehicle VMT reduction which is like housing inside is one of the best ways to benefit climate change.
Lafayette is a reflection of the nation and so that dot in the inside in the middle is where the most lowincome people are. It is also where the most diverse groups are and where the City has zoned for all of their multi-family housing. So, this is just the way it is in Lafayette and coincidentally, this whole map which the Council has whittled down over and over again is a very tiny sliver of their community overall.
In fact, half of the box has been taken out already by the City Council in this next option. So, this wholetime rents have been going up. He cannot live in his hometown, and he thinks service workers should have the option to live where they work too. The City is limiting where it can be and so he thinks they will get an opportunity to consider whether this reflects their values and whether they can even better.
Councilmember Gerringer said when this goes to the Planning Commission, she asked if staff will review the questions that have been raised. The Council also received a lengthy letter from the Housing Action Coalition, and she wondered if anything in that letter might cause any changes as it comes back through the process.
Mr. Wolff said at a high level, staff will be addressing the issues raised because these are the same or similar issues to what HCD raised. Staff does not anticipate treating it like an EIR where every single point in every single comment letter is responded to in kind.
Councilmember Gerringer asked if the City has an update on how many SB 9 applications and lots splits the City has received and are being processed.
City Council & Emergency Services Commission Meeting Page 28 of 30 December 12, 2022 Mr. Wolff said he recalled the City received 5 SB 9 applications, 4 of which were for lot splits and 1 for a new single-family residence. He thinks 2 or 3 of the lot splits have been approved and 1 or 2 remain incomplete.
Councilmember Candell said she thinks the Council should look at Plaza Center. That one makes sense to do some investigative work and find out at 75 du/acre the response from the owner would be different and they could put it in the plan.
Mayor Anduri asked Diana Elrod if it would be worthwhile to say anything to HCD about the points in the letter.
Ms. Elrod said yes, it would be good to at least respond generally about the fact they made comments about this and thus and we do not agree with their conclusions, especially about the inventory. She thinks the City just needs to respond not point by point but generally speaking why they think our inventory analysis is solid and reiterate the points that need to be made.
Mayor Anduri said one point he would make is that if he had written that letter 4 years ago and the Council had had El Charro on their opportunity sites, he is sure he would have said El Charro is a beloved community restaurant here for years and will never go away so we cannot lose the site. It just shows how things change faster than one would think they may change. Ms. Elrod agreed.
ACTION: It was M/S/C (Gerringer/Kwok) to continue discussion to the Planning Commission meeting of January 3, 2023. Vote: 5-0 (Ayes: Anduri, Dawson, Candell, Gerringer, and Kwok ; Noes: None).
13. COUNCIL/COMMISSION REPORTS
A. Councilmembers report on activities and consideration of matters a Councilmember wishes to initiate for placement on a future agenda.
Councilmember Gerringer said normally they would have had a celebration if they were live and in person and she thanked Ms. Robbins and others who took part in that. She said she and former Vice Mayor Anduri attended the Lamorinda Senior Village Volunteer Recognition and Donor Event on Friday and presented the first annual Don Jenkins Lamorinda Senior Village Award. It was an honor to do that and she looks forward to continuing to find ways to acknowledge volunteers in the community.
Mayor Anduri asked and confirmed with the City Clerk a motion was needed to extend the meeting.
EXTEND MEETING
ACTION: It was M/S/C (Gerringer/Dawson) to extend the Council meeting to 11:30 p.m. Vote: 5-0 (Ayes:
Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
Mayor Anduri said he walked by the Rain Garden today and they delivered the moss rocks which are good sized rocks. It changes the whole look of the area and it makes it even more semi-rural and he encouraged everyone to see the progress. There are no orange traffic barriers along Mt. Diablo Boulevard, courtesy of ARPA funds and outdoor dining has been extended for another 2 years this evening. Now, they will look at the area around Tutu’s and Public House and that area.
City Council & Emergency Services Commission Meeting Page 29 of 30 December 12, 2022 He asked if Ms. Robbins will be sending out assignments’ charts, and Ms. Robbins confirmed. She will ask Councilmembers to indicate their preferences, will forward them to Mayor Anduri to make appointments, and this can be agendized for the first January meeting. He confirmed the deadline is December 22nd and Councilmembers should send emails to the City Clerk first and she will forward them to the Mayor about what they want and do not want to be on, and this it will be ratified at the January 9th agenda.
Mayor Anduri asked and Ms. Iarla displayed the logos for Lafayette celebrating 175+ years which were designed by Danielle Gallagher.
B. City Manager’s Update
Recommendation: Receive and file.
City Manager Srivatsa reported they weathered Saturday’s storm fairly well. Crews were called out on Saturday to deal with blocked drainage on Lafayette Circle and a downed tree on Taylor. They are also monitoring something at Paulson Court and Mt. Diablo Boulevard close to the Oakwood Club. There has been a settling of the street and sidewalk over time and they think the storm drain may have collapsed below. They are waiting for better weather to dig the pipes out and clean them. This may be a project they hope they can address quickly and not be a much bigger problem.
The PTR Department is working with the School District to launch an on-site care program at Lafayette Elementary. There is a growing demand from families that need on-site care and apparently, there are wait lists for all 4 of the elementary school care programs.
The Lafayette Shopping Shuttle launched on Thursday and it makes 15 stops around, on or near Mt. Diablo Boulevard including stops at the three senior housing facilities. The shuttle will run for two more Thursdays from 10 AM to 2 PM.
One month ago, staff informed the Council there was a robbery at Wells Fargo Bank. Thanks to excellent detective work, the suspect is in custody. On the planning front, Lennar is under construction and working every day, and they hope to open the middle of next year. Madison Park which is south of the Library on Golden Gate Way are mobilizing and expect to start construction early next year. Lafayette Lane are hoping to submit construction drawings by the end of this month because the Building Code changes on January 1st. When that happens every 3 years, staff finds several people want to get ahead of that deadline because the next version of the code is usually stricter.
The Planning Department also took a tour of 210 Lafayette Circle and had very good things to say about the quality of that project which is almost ready for occupancy.
C. Vice Mayor Anduri
Allocation of Funds for Employee Bonuses
Recommendation: Discuss and direct.
Councilmember Gerringer reported the Personnel Subcommittee met and the Council met in Closed Session and recommends the Council approve a $225,000 bonus pool for employees and a $10,000 bonus for the City Manager. Staff has been working especially hard where they have gone above and beyond, with difficulties recruiting employees, the City has strong reserves, and want to reward and recognize staff.
City Council & Emergency Services Commission Meeting Page 30 of 30 December 12, 2022 Mayor Anduri opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Gerringer/Candell) to allocate $225,000 for an employee bonus pool and a $10,000 bonus for the City Manager. Vote: 5-0 (Ayes: Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
14. WRITTEN COMMUNICATIONS
A. Request from Lafayette Partners in Education (LPIE) for the City to co-sponsor the “Celebrating Our Schools” event on February 10, 2023.
Recommendation: Approve request and adopt Resolution 2022-71 Authorizing Closure of Certain Streets and Establishing No Parking Zones for LPIE Special Event.
Ms. Srivatsa said her staff report explains the request and staff recommends the City co-sponsor the event which is a wonderful way to bring the community to the downtown and celebrate schools.
Mayor Anduri opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Gerringer/Candell/Dawson) to approve request and adopted Resolution 2022-71 Authorizing Closure of Certain Streets and Establishing No Parking Zones for LPIE Special Event on February 10, 2023. Vote: 5-0 (Ayes: Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
Vice Mayor Dawson encouraged the community to support local businesses and shop local.
15. ADJOURNMENT – 11:08 p.m.
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Carl Anduri, Mayor
ATTEST:
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Joanne Robbins, City Clerk