City Council Meeting Page 1 of 10 January 9, 2023
7 City of Lafayette
City Council
Meeting Minutes
Teleconference Meeting – Watch on the City of Lafayette’s YouTube Channel at January 9, 2023 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:
http://bit.ly/LoveLafayetteYouTube. An archived, on-demand video of each meeting is maintained on the channel as part of the public record.
2) Submit Comments Before the Meeting: Members of the public can provide public comment by sending an e-mail to [email protected] (for City Council meetings). Those e-mails will be distributed to the members of the City Council, the City Manager, and the City Attorney, and will be posted as part of the public record.
3) Live Remote Public Comments: Members of the public may submit live public comment via Zoom conferencing. You must download the Zoom app or software. Zoom meetings can be accessed by telephone, computer, or smart device. When the Mayor invites public comment for the item on which you would like to comment, please use the "raise hand" feature (or press *9 if connecting via telephone only) to alert staff you have a public comment to provide. Each speaker is allowed three (3) minutes to speak.
Any graphic a speaker wishes to use as part of public comment must be emailed to [email protected] for City Council meetings by 3:00 p.m. the day of the meeting. Zoom Webinar joining instructions will be posted on the meeting agenda prior to the start of the scheduled meeting. 4) Join the Meeting Remotely: Use the links below to join the meeting and provide remote live audio public comment.
https://us02web.zoom.us/j/85212863582?pwd=N00rRmdjM3JQMGk0ZE9tUUlaODkvQT09 Passcode: 671018 or join by phone: Dial 1 669 900 9128; Webinar ID: 852 1286 3582 Passcode: 671018
City Council Meeting Page 2 of 10 January 9, 2023
1. CALL TO ORDER
Mayor Anduri called the Regular City Council meeting to order at 6:30 p.m. via teleconference.
2. ROLL CALL
Present: City Council: Mayor Anduri, Vice Mayor Dawson; Councilmembers Candell, Gerringer, and Kwok
Absent: None
Staff Present: Niroop Srivatsa, City Manager; Tracy Robinson, Administrative Services Director; Suzanne Iarla Communications Analyst; Mala Subramanian, City Attorney; Joanne Robbins, City Clerk
3. ADOPTION OF AGENDA
ACTION: It was M/S/C (Gerringer/Dawson) to adopt the agenda. Vote: 5-0 (Ayes: Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
4. PUBLIC COMMENTS – (For items under Closed Session) – None.
5. CLOSED SESSION
A. Conference with Legal Counsel – Anticipated Litigation Initiation of Litigation Pursuant to Gov. Code section 54956.9(d)(4)- 1 Potential Case B. Conference with Legal Counsel – Existing Litigation
(Gov. Code section 54956.9(d)(1)
Save Lafayette and Nahid Nassiri v. City of Lafayette et al, 3821 Land LLC California Court of Appeal First District, Case No. A165324 OPEN SESSION/REPORT OF CLOSED SESSION – 7:14 p.m.
Mayor Anduri announced that no reportable action was taken in Closed Session.
6. PUPBLIC COMMENT (For items not on the agenda)
7. PRESENTATIONS
A. Mary McCosker, President, Lafayette Historical Society Celebrating 175+ Years of Lafayette History
Recommendation: Receive and file.
Mayor Anduri stated the City will be exploring 175+ years of Lafayette history in collaboration with the Lafayette Historical Society. He said a brief presentation will be given on an aspect of Lafayette history during the first Council meeting of each month. He introduced Mary McCosker.
Mary McCosker, President, Lafayette Historical Society thanked the Council and gave a comprehensive presentation regarding the history of the Saclan people, who were a part of larger Miwok tribe that lived in Central California.
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She described the Saclan, their appearance, living conditions, use of natural resources for clothing, shelter, food, weapons for hunting and fishing, local trading, learned behaviors for survival, vegetation resources for clothing, shoes, and natural medicines. She spoke of indigenous animals which still exist today and those hunted, abundant indigenous plants, oak trees, acorns, and religious ceremonies and dances, graneries constructed to hold acorns, tools made from stones, and impacts on the Saclan people with the arrival of the Spanish explores in the mid-1770’s. She concluded her presentation with an emphasis on the importance to know and learn about indigenous people and their ways of life because they have lived here for thousands of years longer than anyone else.
Mayor Anduri and Councilmembers thanked Ms. McCosker for her presentation.
B. Director John A. Coleman, East Bay Municipal Utility District (EBMUD) Jimi Yoloye, Director of Engineering and Construction and Elizabeth Bialek, Engineering Manager
Update on the Lafayette Reservoir Tower Seismic Retrofit Project Recommendation: Provide feedback.
John Coleman, Director, EBMUD, provided an overview of the Lafayette Reservoir, which, from recent snow melt, is 82% full with more rain in the forecast. He introduced Jimi Yoloye, Director of Engineering, and Elizabeth Bialek, Engineering Manager.
Jimi Yoloye, Director of Engineering and Elizabeth Bialek, Engineering Manager, gave a comprehensive PowerPoint presentation and update on the Lafayette Reservoir Tower Seismic Retrofit Project, proposed public outreach, presentations to community groups, and project signage efforts.
Councilmembers had the following questions posed to EBMUD representatives:
• When will community outreach start? Ms. Bialek said outreach will begin prior to construction in Spring 2024.
• Why EBMUD cannot keep the shorter, iconic look at the top on the project? Ms. Bialek spoke of their review of various alternatives, limited reinforcement, challenges with what is older and not structurally sound, along with seismic concerns.
• How the tall tower could have ever worked with overflow given its height? Ms. Bialek referred to the photo showing the tower and said there are openings with gate valves. The top opening is a spillway which will be maintained for draining and the others will open and close to take out water, as needed. There is a conduit that goes to the dam and emergency release would go into the creek.
• Councilmembers appreciated its functionality, but voiced concerns with the project’s negative appearance and lower height.
• Asked where the crane would go when not in use? Ms. Bialek explained the crane would collapse and there would be other controls and features with the crane hidden by the parapet wall. She further explained challenges with its configuration and access for maintenance and safety, lifting gates, and heavy structures.
• Voiced concerns that the lighter tower materials would clash aesthetically with the concrete tower and the design so the structure would require use of a crane.
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• Confirmed EBMUD is working with their Public Affairs representative to hold meeting with the Chamber of Commerce in March, Rotary groups, and a water walk around the Reservoir scheduled on January 28th open to the public and to answer public questions about the tower. In considering the design, they are interested in feedback and minimizing any impact to recreation users.
Because of the findings, analysis, and requirements of the Division of Safety of Dams, EBMUD has an approved concept for shortening the tower with some latitude regarding aesthetics within those parameters.
• Referred to the height of the new proposed design and asked if pedestrians walking on the dam looking down would look down 460 feet into the parapet or look up to 460 feet at the parapet.
Ms. Bialek said it is a parallel look so as people are going around the Reservoir the parapet is obscuring any interior area.
• Asked and confirmed with that the focus of EBMUD’s studies has been avoiding impacts on any bird species during construction and they have netting features for the tower to avoid nesting at the wrong time of year. Ms. Bialek agreed to take this question back to the design team as far as an impact viewpoint but not the other way around, but the intent is not to disturb nature. • Voiced the need to see the design of the proposed crane, even as it is collapsible. Ms. Bialek stated EBMUD does not envision a large bridge crane which was shown. The proposed crane is supported on one base and is anchored down into the tower. There is an entire tower length to work within there while having the appropriate arm length and strength to be able to take the load. The parapet wall is on the order of 8 to 10 feet to provide screening, and lower will be the base with the anchor for the crane and perhaps other smaller equipment. • Referred to Options A and B and asked if the height is an updated design. Ms. Bialek confirmed this is about 6’ with needed height for safety.
Mayor Anduri opened the public comment period.
JEFF GILMAN referred to hydrology and said his understanding is that as an interim measure the Reservoir water level was lowered a few years ago to provide additional safety. Its level has increased with recent rains, but only Tower Outlet 8 is relied upon and used to lower the water in the Reservoir, but no concrete emergency spillway. Given the significant rain and forecast of atmospheric rivers, etc. He asked if EBMUD investigated the capacity of outlet gates and their ability to lower levels from extreme rains.
Ms. Bialek said yes, Lafayette Dam does not have a traditional spillway. The tower functions as a spillway.
At the spill elevation at the top there is an opening unblocked that would allow water to flow in and the capacity of that is determined adequate to handle storm flow. In addition, they can open the gates and make releases outside of storm events that would go to the creek. The water is up due to the rain and their operation folks are looking at making releases.
STELLA WOTHERSPOON said she did not know about the project and voiced shock that such a prominent feature of the Lafayette community would change so radically. She appreciates EBMUD for its water and access to the Reservoir area and asked if there could be more architectural detailing in the tower arched area being proposed to provide more relief and a decorative touch.
Ms. Bialek commented that this is a conceptual design at 30% and it has yet to be detailed. Texturing of what is behind the relief may be possible, and she thanked Ms. Wotherspoon for her comments.
Council discussion and comments ensued, as follows:
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• Councilmember Candell asked if there could be any decorative fixtures below the 6 feet rather than up. Ms. Bialek said this was the thinking with the corbels that are not necessarily needed but add some aesthetic.
• Councilmember Gerringer again commented that the design is jarring and she hoped EBMUD can determine some design features that do not affect functionality, but rather something that will fit in well with the community.
Mayor Anduri and Councilmembers concluded their comments, thanked EBMUD staff for their presentation, recognized the need for earthquake safety, emphasized the tower is iconic to the City of Lafayette, cited the tower’s branding, suggested doing something that mimics in a modern way the top of the tower they have now, and asked EBMUD to take these comments into consideration.
Mr. Coleman said he appreciates the feedback, looks forward to public outreach and meetings with Lafayette business groups and public meetings. He said they conducted an analysis of what could be done to save the top and it would be costly and not pass the Division of dam safety standards.
8. CONSENT CALENDAR
Mayor Anduri asked and confirmed Councilmember Gerringer requested removal of Item C and Councilmember Kwok requested removal of Item H from the Consent Calendar.
ROB STURM expressed appreciation for Councilmember Gerringer’s efforts to moving forward to implement a much safer approach to Springhill from the staging area under Item B and A. Minutes
1. December 12, 2022
Recommendation: Approve.
2. December 19, 2022
Recommendation: Approve.
B. Resolution 2023-01 Request for Allocation of TDA Article 3 Funds for Pleasant Hill Road West Side Walkway between Springhill Road and Lafayette Ridge Staging Area and Adoption of a CEQA Notice of Exemption
Recommendation: 1. Authorize staff to submit a $162,000 TDA Article 3 grant application, including a local match of $62,000. 2. Adopt Resolution 2023-01 approving the request to the Metropolitan Transportation Commission for an allocation of TDA Article 3 Pedestrian and Bicycle project funding for fiscal year 2023/24. 3. Adopt a CEQA Categorical Exemption for the project under Section 15301(c) for the project and authorize staff to file a Notice of Exemption with the County Clerk for the County of Contra Costa.
D. Resolution 2023-03 Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency under AB361
Recommendation: Adopt Resolution 2023-03.
E. Fee for Lafayette Little League’s use of Buckeye Fields for 2022 Recommendation: Approve the use fee rate of $44,603.21 for Lafayette Little League’s 2022 use of Buckeye Fields per the conditions in the Lease Agreement with the City.
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F. Lafayette Community Center Playground Renovation
Recommendation: Authorize staff to begin the public bid process for the Lafayette Community Center Play Area Renovation, with an estimated $1,017,000 in construction cost to be spent from Fund 12 between Fiscal Year 2022/23 and 2023/24.
G. Lafayette City Council Assignments for 2023
Recommendation: Adopt the Lafayette City Council Assignments for 2023.
I. Proclamation of the City of Lafayette Declaring a Local Emergency and Release $50,000 from Emergency Response Fund 011-360-861.
Recommendation: 1) Ratify the Proclamation Declaring a Local Emergency in Lafayette, California; and 2) Release $50,000 from the Emergency Response Fund 011-360-861.
ACTION: It was M/S/C (Gerringer/Dawson) to adopt Consent Calendar Items A.1, A.2, B, D, E, F, G, and I.
Vote: 5-0 (Ayes: Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
9. OLD BUSINESS
A. Mayor Anduri
Review of City Council Adopted Priorities for FY 22-23
Recommendation: Confirm the current priorities for this fiscal year. Should the City be successful in purchasing the Campana and McNeil properties, staff will return to the Council for further discussion and direction.
City Manager Niroop Srivatsa gave an overview of City Council adopted priorities for FY 22-23 and asked the Council to confirm its priorities as 1) wildfire prevention and preparedness and utility safety; 2) improved pedestrian and traffic safety and multi-modal mobility; 3) create a Downtown and Mt. Diablo Corridor Specific Plan; and 4) create a fiscal sustainability plan for the short- and long-term.
The Council will meet on Saturday, February 11th to establish priorities for the next fiscal year.
Considerable work has occurred with priorities 1 and 2, and staff has not begun on the DSP because of the Housing Element Update. The Council Subcommittee has held two meetings on the fiscal sustainability plan.
She made a correction for Priority 1, stating she failed to add to the table the efforts of the Gas Alliance Task Force in ensuring utility safety. Staff has also increased coordination efforts with local utilities. Once the Council approves its priorities, staff will proceed with adoption of the Final Budget and prepare the next FY budget.
The purchases for the Campana and McNeil properties has not occurred yet. The Council discussed the possibility of revisiting the Plaza Way Overlay which is over 10 years old and has committed to holding public meetings in deciding future uses of the two properties. Staff is recommending the Council confirm the current priorities for the current fiscal year, and once the purchase goes through they can revisit the Plaza Way Overlay as an additional task or, perhaps a task that replaces for the short-term, the DSP. Once fully staffed in the Planning Department, staff will determine the tasks and workload.
Mayor Anduri opened the public comment period, and there were no speakers.
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There was unanimous consensus of the Council to re-affirm the current priorities for this fiscal year; and should the City be successful in purchasing the Campana and McNeil properties, staff will return to the Council for further discussion and direction.
10. STAFF REPORTS – None.
11. PUBLIC HEARINGS – None.
12. ITEMS REMOVED FROM CONSENT
C. Resolution 2023-02 Adopting the Lafayette City Council Proclamation Calendar for 2023 and 2024
Recommendation: Adopt Resolution 2023-02.
Councilmember Gerringer stated the Council received public comment from Justine Parmalee and she proposed the Council supports her request to add the inclusion of International Trans Gender Day Visibility on March 31st over the next two years.
Mayor Anduri said the Council was trying not to have a long list of proclaiming months/days and the Council determine which of those that came under a similar umbrella were most universal. In following this logic, he voiced support of including this request under the umbrella under the month they are already observing, and they can observe by mentioning it and/or flying their flag at the same time in June.
However, he would agree to add this given Councilmember consensus.
Councilmember discussion ensued regarding timing, Council’s previous discussions, and there was Council majority to add the request for the next two years.
ACTION: It was M/S/C (Dawson/Kwok) adopt Resolution 2023-02 adopting the Lafayette City Council Proclamation Calendar for 2023 and 2024, as amended adding the inclusion of International Trans Gender Day Visibility on March 31st, 2023 and 2024. Vote: 5-0 (Ayes: Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
H. Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ending June 30, 2021.
Recommendation: Accept the Certificate of Achievement.
Councilmember Kwok acknowledged and congratulated the City’s Finance staff for their 7th consecutive Certificate of Achievement which provides more transparency and disclosure of financial reporting. This award is the highest form of recognition in governmental accounting and financial reporting.
ACTION: It was M/S/C (Gerringer/Dawson) to accept the Certificate of Achievement. 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.
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Councilmember Gerringer thanked Congressman DeSaulnier for advocating and securing $3.1 million for the School Street Pathway Project, as well as significant funds as submitted by the City of Orinda for approximately $4 million for the Smart Signal Program. She also recognized Public Works Director Mike Moran and his staff for applying for grant funding.
B. City Manager’s Update
Recommendation: Receive and file.
City Manager Srivatsa reported provided a comprehensive update on storm conditions, as follows:
• The City has proclaimed a local emergency by the Mayor on January 4, 2023; • The City has favored well weathering the storms, has two sandbag stations which are self-serve stations, and have filled sandbags for those with disabilities; • She recognized Diamond K who opened their doors on New Year’s Day to help the public; • Hot spots include: mudslides and debris flows at Pleasant Hill Road and Deer Hill Road, a slide on the upper baseball field at Community Park, the hut at Buckeye Fields has some damage, the Community Center has some leaks in the roof, there is a failed drain pipe at the creek at Victoria Court and Moraga Blvd., and a storm drain on Orchard Road that has cause minor area flooding. • The big concern which staff is tracking is the slide at Driftwood Drive and St. Mary’s Road, which she described regarding the use of emergency funds approved under the Consent Calendar; • On Thursday from 9AM to 4PM a portion of St. Mary’s Road will be closed and staff is putting up signs notifying the schools and other agencies. A contractor has been hired to do a temporary fix to the slide.
• The forecast is for rain tonight and rain off and on until mid-week next week. Staff encourages people to contact PWD or fill out a Maintenance Request Form where residents can send photos which document problem areas;
• If there are routine and not storm related maintenance issues, she asked to withhold submitting those requests, as crews are working around the clock.
Mayor Anduri opened the public comment period, and there were no speakers.
Mayor Anduri and Councilmembers thanked the entire staff for their response to storm response activities.
C. Mayor Anduri
Consideration of Adoption of a City Land Acknowledgment Recommendation: Authorize the Mayor and City Manager to identify and propose to the City Council, for consideration and possible appointment during the Council meeting on February 13, a list of community members to undertake this task.
Mayor Anduri said in approaching the 175+ year City celebration, he thought about a land acknowledgement which he has researched. One other city in the region experienced a land acknowledgement but the issues that are interesting are whether there is an existing indigenous population in the area, what impact that has, feelings on whether an area should be adopted as a land acknowledgement if there were indigenous people on the land, and some acknowledging that educating is fine and others say they should not go down the road unless they are prepared to do more.
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He said he and the City Manager believe it should be a community exercise and they suggest appointing a group of 5 people that would have some background and bring judgment and interest to the topic, and then bring a recommendation to the City Council.
He recognized Mary Jo Cass who suggested having a land acknowledgement for dedication of the Rain Garden, originally scheduled for January 21st; however, the Garden will not be ready because of the weather.
Therefore, the recommendation is to authorize the Mayor and City Manager to identify and propose to the City Council, for consideration and possible appointment during the Council meeting on February 13, a list of community members to undertake this task.
Mayor Anduri opened the public comment period, and there were no speakers.
Councilmember Kwok voiced appreciation to the Mayor for bringing up this topic, recognized the learnings of indigenous people, thinks it is important to learn from the journey, see where they are going to end up in finding broader community participation, and supported doing it this year during the 175+ year history of Lafayette. He thinks it should not be rushed and that the right commitments be included.
Councilmembers echoed Councilmember Kwok’s comments and voiced their commitment and staff’s recommendation.
ACTION: It was M/S/C (Dawson/Candell) to authorize the Mayor and City Manager to identify and propose to the City Council, for consideration and possible appointment during the Council meeting on February 13, 2023 a list of community members to undertake this task. Vote: 5-0 (Ayes: Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
D. Vice Mayor Dawson and Councilmember Gerringer
Solid Waste Rates for Rate Year 9 (March 1, 2023 – February 28, 2024) Recommendation: Discuss and provide direction to Vice Mayor Dawson and Councilmember Gerringer.
City Manager Niroop Srivatsa introduced the item, gave the staff report, and overview of improvements, Recycle Smarts’ monitoring of reports of mis-collections to member agencies, and use of those statistics to evaluate performance of Republic Services. Residents will see an increase of $2.17 a month and she described the recommendation for the Council to review the solid waste rates for Rate Year 9, and provide direction to Vice Mayor Dawson and Councilmember Gerringer, noting that the Recycle Smart Board will be acting later this month.
Vice Mayor Dawson and Councilmember Gerringer described the several meetings held regarding COVID’s impact to the hauler, labor, supplies, etc., and said they wanted to be sure the hauler was accountable.
The rates show the cost of the CPI, work has been done to put in “teeth” as they move forward with customer service expectations, encouraged residents to alert the City if cans are not picked up.
Mayor Anduri opened the public comment period, and there were no speakers.
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Councilmember discussion ensued regarding customer service calls, pick up delays, the need for credits regarding non-performance, the new Director at Recycle Smart, the 5.5% rate increase, decline in services, frustration by community members and a balanced response to improve services and rates through the negotiation process.
ACTION: It was M/S/C (Gerringer/Dawson) to recommended a 5.5% rate increase for Rate Year 9 pending approval by the Recycle Smart Board in January 2023. Vote: 5-0 (Ayes: Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
14. WRITTEN COMMUNICATIONS – None.
15. ADJOURNMENT – 9:23 p.m.
APPROVED:
__________________________________
Carl Anduri, Mayor
ATTEST:
_________________________
Joanne Robbins, City Clerk