City Council Meeting Page 1 of 14 April 24, 2023
7 City of Lafayette
City Council
Meeting Minutes
Lafayette Library and Learning Center – Don Tatzin Community Hall April 24, 2023 3491 Mount Diablo Boulevard, Lafayette, California 6:15 p.m.
As a courtesy, and technology permitting, members of the public may participate virtually. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Brown Act, City Council/Board meetings will continue despite technical difficulties for participants using the teleconferencing (Zoom) option. To participate virtually in the City of Lafayette’s public meetings and provide public comment, please follow these steps:
1. Watch or Listen: Meetings are broadcast on the City of Lafayette’s YouTube Channel:
http://bit.ly/LoveLafayetteYouTube.
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 no later than noon the day of the meeting. Those e-mails will be distributed to City Council, the City Manager, and the City Attorney, and will be posted as part of the public record.
3. Live Remote Public Comments: Technology permitting, members of the public may submit live public comment via Zoom conferencing by using the link below. 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.
4. At the time and date of the meeting, please click this URL to join the webinar:
https://us02web.zoom.us/j/81195324620?pwd=YWRNTjBxRER4ZkZmd3lFZFp0V0NQdz09 Passcode: 691331 Or join by phone: Dial 1 669 900 9128
Webinar ID: 811 9532 4620 Passcode: 691331
City Council Meeting Page 2 of 14 April 24, 2023
Vice Mayor Dawson called the Regular City Council meeting to order at 6:15 p.m.
2. ROLL CALL
Present: City Council: Vice Mayor Dawson; Councilmembers Candell, Gerringer, and Kwok
Absent: Mayor Anduri
Staff Present: Niroop Srivatsa, City Manager; Tracy Robinson, Administrative Services Director; Greg Wolff, Planning and Building Director; Mala Subramanian, City Attorney; Joanne Robbins, City Clerk
3. Disclosure and/or Take Action on Remote Participation due to Just Cause or Emergency Circumstances Pursuant to AB 2449 (Gov. Code section 54953(f).)
4. ADOPTION OF AGENDA
Vice Mayor Dawson requested amendment to the agenda to move up Item 16A and that it be heard under Item 9.
ACTION: It was M/S/C (Gerringer/Candell) to adopt the agenda, as amended. Vote: 4-0-1 (Ayes: Dawson, Candell, Gerringer, and Kwok; Noes: None; Absent: Anduri).
5. PUBLIC COMMENTS – (For Closed Session items)
There were no speakers.
6. CLOSED SESSION
A. Conference with Labor Negotiators (Gov. Code section 54957.6) Agency designated representatives: Niroop Srivatsa, City Manager and Tracy Robinson, Administrative Services Director
Employee organization: Association of Lafayette Employees (ALE) B. Conference with Labor Negotiators (Gov. Code section 54957.6) Agency designated representatives: Niroop Srivatsa, City Manager and Tracy Robinson, Administrative Services Director
Unrepresented Employees: All full-time employees, excluding the City Manager and those within ALE
OPEN SESSION/REPORT OUT FROM CLOSED SESSION – 7:00 p.m.
Vice Mayor Dawson announced that the City Council provided direction to the negotiators in Closed Session.
7. PLEDGE OF ALLEGIANCE
Vice Mayor Dawson led the Pledge of Allegiance.
8. PUBLIC COMMENTS (For items not on the agenda)
City Council Meeting Page 3 of 14 April 24, 2023
CAROL SINGER confirmed Vice Mayor Dawson previously gave the announcement under Item 3.
9. PRESENTATIONS
A. Introduction of Lafayette’s Librarian Rob Tygett
National Library Week April 23-29 “There’s More to the Story” Recommendation: Receive and file.
MARY ANN HOISINGTON, Library Commissioner and Friends of the Library, introduced Rob Tygett, Lafayette’s Librarian and said they are delighted to have him.
Rob Tygett, Lafayette Librarian, thanked the City Council and Ms. Hoisington for her introduction. He presented a slide show, stating it is National Library Week, and provided a presentation and update on their Strategic Plan. He described remote services, increases in circulation, digital resources, in-person and virtual programming, Lunch at the Library, popular books, signing onto the Urban Library’s Council for their Declaration of Democracy, and presented a short video on Lafayette Library programs, partners, and events.
Councilmember Candell asked what other library systems have signed onto the Declaration of Democracy.
Mr. Tygett said the Urban Library Council is a national organization and many urban libraries belong. He was not certain what other systems have signed on but could find out and provide that information.
Vice Mayor Dawson opened the public comment period.
SARAH BLUMENFELD, Development and Program Director with Lafayette Library and Learning Center Foundation, showed support to Mr. Tygett, said they enjoy working together, and noted the Foundation has valued its relationship with the Friends and the Library.
Vice Mayor Dawson and Councilmembers thanked Mr. Tygett for his presentation and work on programs, especially throughout the pandemic and now.
Moved up agenda Item 16A:
A. E-mail from Rob Tygett, Lafayette Librarian, requesting a proclamation recognizing April 23-29 as National Library Week at the Lafayette Library and Learning Center.
Recommendation: Approve the proclamation recognizing April 23-29 as National Library Week at the Lafayette Library and Learning Center.
Vice Mayor Dawson asked and confirmed there were no public comments, and she presented the proclamation to Mr. Tygett.
ACTION: It was M/S/C (Gerringer/Candell) to approve the proclamation recognizing April 23-29 as National Library Week at the Lafayette Library and Learning Center. Vote: 4-0-1 (Ayes: Dawson, Candell, Gerringer, and Kwok; Noes: None; Absent: Anduri).
10. CONSENT CALENDAR
Vice Mayor Dawson asked if there were requests for removal of items. Councilmember Candell requested removal of Item 10.F. There were no public members wishing to speak or remove items.
City Council Meeting Page 4 of 14 April 24, 2023
A. Minutes
April 10, 2023
Recommendation: Approve.
B. Resolution 2023-21 Demonstrate Compliance with State Housing Laws as a Requisite Assigned by Metropolitan Transportation Commission (MTC) for Receipt of OBAG-3 Funding.
Recommendation: Adopt Resolution 2023-21.
C. Resolution 2023-25 Adopting Title VI Statement of Policy, Complaint Form and Procedures in Compliance With Title VI of the Civil Rights Act of 1964 for the Lamorinda Spirit Van Program Recommendation: Adopt Resolution 2023-25.
D. FY 2022-23 Budget Adjustment - ARPA Funds
Recommendation: 1) Transfer $440,277.50 from the General Fund Loss of Revenue Sinking Fund (ARPA Funds to replace Core Area Losses) to Fund 52 Core Area Maintenance. 2) Transfer $440,277.50 from the General Fund Loss of Revenue Sinking Fund (ARPA Funds to replace Stormwater Losses) to Fund 53 Stormwater Pollution Program. 3) Recode $440,277.50 of expenses in each fund as ARPA-related effective 3/31/23.
E. Metropolitan Transportation Commission (MTC) Parking Management Program Planning Grant Recommendation: Receive and file.
ACTION: It was M/S/C (Gerringer/Candell) to adopt Consent Calendar Items A, B, C, D, and E. Vote: 4-0-1 (Ayes: Dawson, Candell, Gerringer, Kwok; Noes: None; Absent: Anduri).
11. OLD BUSINESS – None.
12. STAFF REPORTS
A. Tracy Robinson, Administrative Services Director
Legislation Committee’s - Bills of Local Importance and Bill Matrix Recommendations: 1) AB 557 (Hart) Open meetings: Local agencies: Teleconferences - Support; 2) AB 817 (Pacheco) Open meetings: Teleconferencing: Subsidiary body - Support; 3) SB 436 (Dodd) Wildfire safety: The California Wildfire Strategic Planning Act – Support; 4) SB 834 (Portantino) California Family Home Construction and Homeownership Bond Act of 2023 – Support; and 5) Bill Matrix - Receive and file.
City Manager Niroop Srivatsa stated Casey Elliott with Townsend Public Affairs will discuss this item. The Legislative Committee and staff are presenting 4 bills and recommending support positions on all of them.
Casey Elliott, Townsend Public Affairs, said before the Council are 4 bills for consideration, as follows:
1. AB 557 (Hart) Open Meetings: Local agencies: Teleconferences – Support
2. AB 817 (Pacheco) Open meetings: Teleconferencing: Subsidiary body – Support City Council Meeting Page 5 of 14 April 24, 2023
These 2 bills relate to Brown Act proceedings and which would make incremental changes. AB 557 would eliminate the existing 2024 sunset as it relates to AB 361 pandemic provisions and would extend the notice requirement from 30 days to 45 days, the idea being if there is a reason or need to go back to operate remotely under conditions of emergency, this would provide more flexibility and would continue that in perpetuity.
AB 817 goes a little further and starts to provide the ability to participate in teleconferencing for nondecision-making legislative bodies. This is so members can participate through the 2 ways without posting local addresses, etc. without opening their remote location. In turn, those bodies would need to make available a 2-way communication so the public could participate. They also need to notice how the public could participate in that process like how the City was operating during the pandemic.
Both AB 557 and AB 817 are in the Assembly Local Government Committee and those will be considered Wednesday, along with other bills. AB 817 does have some broad support amongst California cities, CSAC, urban counties and rural counties.
3. SB 436 (Dodd) Wildfire safety: The California Wildfire Strategic Planning Act – Support This measure would require the State through OES to prepare reports and plannings on some different timelines, require a wildfire risk mitigation planning framework that could outline potential benefits of actions that could be taken by the State to reduce wildfire risk, and that would need to be renewed every 3 years by OES. Additionally, it would require another report of the wildfire risk baseline and forecast which would be delineated on a state level as well as by County and by regions. That report would need to target specific mitigation actions that could be taken and metrics that could be measured to reduce wildfire risk again by State, County, and other regional geographic areas.
The third measure is a wildfire mitigation scenarios report in which OES would need to put forth a regional range of possible scenarios for mitigation spending at the State level. This would have OES taking a more comprehensive look forward so there could be an overall planning strategy for how to effectively leverage those dollars.
This measure did pass out of the Senate Energies, and Utilities Committee about 1 ½ weeks ago unopposed 15-0 and is currently in the Senate Appropriations Committee.
4. SB 834 (Portantino) California Family Home Construction and Homeownership Bond Act of 2023 – Support
This is 1 of 2 housing bonds that currently exist within the legislature. This measure proposes to place a $25 billion bond on the November 2024 General Election Ballot. That bond would be broken up into 2 primary components—an $18 billion component to increase homeownership opportunities by providing second mortgages to qualified homebuyers looking for qualifying home properties, and secondly, $7 billion which would be targeted more for homebuilding and construction. This is not necessarily a home construction bond or a homeownership bond. It tries to marry some of the 2.
City Council Meeting Page 6 of 14 April 24, 2023
Within the funding that would go for the second mortgages, this would expand that program a bit more than what is currently seen at the State level. Individuals making up to 180% of AMI would qualify. This would be for first time owner occupants. They would need to complete some education and counseling courses, look at newly constructed homes, townhomes, condos, and other elements such as 15-year mortgages. For the $7 billion piece, there are requirements on how that funding could be spent for the new home construction. There needs to be qualifying properties largely needing to make a certain percentage of area home value, which is more for the missing middle.
There is another bill by Assemblymember Wicks that she has a bond in the Assembly which is more modest than this version of $10 billion which would look more akin to what they saw in 2006 and in previous actions. At some point leading into next year, these 2 elements will need to be reconciled. So, while he thinks this is a good investment proposal at the State legislature, he cautioned the bill before the Council is unlikely to be a bill that would appear on the ballot. By the time polling is done and they figure out everything else that wants to go on the ballot in March and November, this would change a bit. So, the City may want to think of this in the broader context knowing specific details are likely to change over the next year.
Lastly, he noted the Housing Bond moved out of the Senate Housing Committee 8-2 last week, and it is up in Governance and Finance Committee later this week, and it will head to appropriations a couple of weeks thereafter. He was available to answer questions on any of these bills.
Councilmember Candell asked and confirmed that the Commissions affected by AB 817 would be the DRC and the PC. She referred to SB 834 and said she heard some other comments about it, and she asked if this is a time where the Council takes opportunities to consider amendments. The 180% of AMI is very high and there was also wording that said the house must be in an urban cluster or within one mile of public transit, as well as requirements about ministerial approvals. The City wants people to get into housing and this makes it so narrow.
Mr. Elliott said for the construction portion of this the priority is consistent with where other legislative vehicles have been in the last several years. For example, in the language there is prevailing wage provision in this bill on the construction side which again, would lead to presumably increased costs associated with housing construction. He thinks if there are suggestions or requested amendments, this would be a good time to convey those to the author. He would say the City could take a support position with suggested amendments, support if amended, support in concept, etc. There will be conversations and the language will change but having concerns or suggested amendments communicated to the author would be a great idea.
Councilmember Candell said she would like to express not making the salary so high and do not make the housing so specific, and she asked that it be loosened, given they want to get people into housing.
Councilmember Gerringer said the language states, “skilled and trained workforce” and not “prevailing wage.” She thinks there is currently a disagreement on what that means. She said Mr. Elliott stated Assemblymember Wicks has a similar bill for 2024 and she asked when the legislature can put things on the ballot.
City Council Meeting Page 7 of 14 April 24, 2023
Mr. Elliott said the default for any voter initiative would be to be placed on a general election ballot. The same would be on legislative measures unless the legislature wrote into the language that they would like their measure to appear on a primary ballot. So, it is possible they could see a housing bond in March, though since 2024 is a presidential year, the primary will be in March so the legislature would need to reach consensus on these bills before they adjourn session this year. If not, it would be on November’s ballot. Also, it is the “skilled and trained” language that is in here and not “prevailing wage” which are 2 different things.
Councilmember Candell said she would be more inclined to “Support, if amended” if the restrictions on the type and locations of the housing were not so strict given it is such a big bond and too specific.
Vice Mayor Dawson agreed with “Support, if amended.”
Councilmember Kwok said when talking about the type of home he also saw the bill specifies that “loans can only be made to properties that are newly constructed single-family homes, townhomes, row houses, condos, or manufactured homes” so they all must be newly constructed. In his mind, this was a package to help the high cost of new construction right now to be more affordable for more people. He asked whether instead monies should be used for any home to get people into a home as opposed to a new home.
Councilmember Candell agreed it can be for new construction but not to limit it only to new construction.
Councilmember Kwok said other provisions are that “the final sales price does not exceed a specified percentage of medium price of newly constructed….” He thinks broadening it could not limit it to “new.” As far as including more people in need, the 180% of AMI if they step back and use 100% of AMI which is basically half the population of California would be eligible. So, if they spread $25 billion across so many people he asked if it will be enough money. Or, it would be more of an impact if targeted to 100% AMI.
So, he found the 180% rather high but without diving into the details, it is hard to know what the intent is.
Mr. Elliott said at previous mortgage assistance through FHA have been around the 100% AMI, so he agreed this proposal is a significant jump in who would qualify. Those making under 100% AMI would still qualify but competing against a broader pool of applicants for that assistance.
Councilmember Gerringer said it does talk about condos and buildings that have been retrofitted, so it is not only brand-new construction. She was okay with “Support, if amended” or “Support, in concept” because it seems the Council has specific ideas. With the Wicks bill, she asked what Mr. Elliott was recommending right now.
Mr. Elliott said one reason he is bringing these forward and not the Wicks bill is because last year there was a similar bond to this which the City took a position on. At this point, the Wicks bill does not delve into a lot of the construction. It gets into rehab, farm working, refunding existing programs, so it is not as new or far-reaching as this proposal. Senator Portantino has not identified existing State programs he thinks fit the bill which is why they end up why they are here.
City Council Meeting Page 8 of 14 April 24, 2023
At some point, it may make sense to bring the Wicks bill to the Council for consideration, but he would like to see if these bills start moving and make it out of Appropriations because they could have this conversation for a year before they need to do something to put it on the ballot. The Senator is wanting to engage with the City so at this point, making recommendations through amendments would be a good way of positive communications with his office as they are looking for that feedback, and he confirmed he has enough direction and can work through staff and/or the Legislative Committee before finalizing it.
He also confirmed with Councilmembers that they would propose a “Support, in concept” position.
Vice Mayor Dawson opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Gerringer/Candell) to accept the Legislative Committee and staff recommendation on all bills, except the recommendation for SB 834 (Portantino) to a “Support, in Concept” position. Vote:
4-0-1 (Ayes: Dawson, Candell, Gerringer, Kwok; Noes: None; Absent: Anduri).
B. Mala Subramanian, City Attorney
Consider Councilmember’s Request to Draft a Lobbying Ordinance Recommendation: Discuss and direct staff.
City Attorney Mala Subramanian stated at a previous meeting Councilmember Candell had requested that the Council consider adopting a lobbying ordinance, the goal of which would be to better identify whether public speakers are speaking on behalf of an organization and whether they are being paid by that organization. In the packet is a draft lobbying ordinance from the City of Beverly Hills. She is seeking direction from the Council tonight as to whether the Council would like her to prepare a draft ordinance for consideration at a future meeting. She then turned over the item to Councilmember Candell to provide additional background.
Councilmember Candell said she wanted to be clear that she was not looking only for public comment for the City Council. She would look at it as general for anyone lobbying the City, which could include commissioners and staff which would require them to register as a paid lobbyist. As background, in 2016 Beverly Hills City Council created a Sunshine Task Force aimed at better transparency and accountability at all levels of their City government, and not just the City Council. The task force comprised of 2 City Councilmembers and several residents, and it continues to this day. They have tackled many transparency issues with the City and one of them resulted in this lobbying ordinance.
This is consistent with the Conflict of Interest ordinance in that there is a money line. If someone is being paid to come and lobby the City and influence their decisions and they are getting paid for that, the City should know because it is different from a person coming up who is passionate about what they are speaking on. She thinks many people in the community would like the fact that someone would disclose their position if they are being paid.
Vice Mayor Dawson asked if Councilmember Candell feels this has affected Lafayette or it could have.
Councilmember Candell said she thinks they have gotten a lot of outside interest, given many of the things they are tackling.
Councilmember Kwok asked if there are other cities that have implemented this type of ordinance.
City Attorney Subramanian stated it is usually larger cities that implement these types of ordinances, and she can follow-up to determine if there are any cities in Contra Costa County have done it.
City Council Meeting Page 9 of 14 April 24, 2023
Vice Mayor Dawson asked how this would work, and Councilmember Candell said they would register, and the City would receive a notification of who they are and who they represent. When they come to a meeting, they would state who they are and who they represent. The Council would know whether they are a paid lobbyist.
City Attorney Subramanian clarified that in Beverly Hills’ ordinance if they had an applicant coming before the City for a traditional hillside development permit, their team and lawyer would have to register. If someone came in and was trying to lobby against or for a project and they were being paid, the way they previously talked about it, they would need to define “organization” because someone will be paying the person. But, in theory, if a neighbor hired an attorney and did not want the project, she questioned whether the Council would want that person to register. There are many people getting paid, but the way the ordinance is drafted is broad, so if there is a desire to do it, she suggested narrowing it so they would not take on people who are obviously getting paid.
Vice Mayor Dawson asked if this could be drawn out through a public comment slip wanting to speak, and Councilmember Candell stated yes.
Vice Mayor Dawson opened the public comment period, and there were no speakers.
Councilmember Gerringer said one of the big questions is, what is the problem they are trying to solve because how would this differ from the requirements lobbyists have to register already. She supported transparency and believes lobbying rules at the State level are already in place and the Council also discloses ex-parte communications. If they decide to have an ad-hoc committee or give direction to staff, she asked how to distinguish between non-profits which must declare if they are doing anything advocacyrelated and the Council could request this.
Councilmember Candell said she thinks Lafayette is just getting a lot more attention than they used to. If these groups are coming in and talking with Commissioners and with the Council or staff, she thinks the public has a right to know. She would like to know who they are, as well as others, in trying to influence them. It is purely for transparency and the attention, but possibly this was just a pandemic issue, but she felt it a lot during that time.
Councilmember Gerringer said in every meeting it feels like every person who has spoken to the Council, whether residents or outside people, have introduced themselves and state who they represent, what their organization is, and in doing research today in looking some of them up regarding housing and land use, she did not find any groups on that lobbying list. So, again, she appreciates wanting to have transparency, but she feels it is a solution looking for a problem.
Vice Mayor Dawson said what the Council is doing is to make sure they declare who they are and what they represent. If Councilmember Candell feels that is not happening, this might be something to remind the City’s bodies.
Councilmember Candell said to her it depends on whether they are being paid, as this is their job rather than just commenting on their own interests. She likes knowing that.
City Council Meeting Page 10 of 14 April 24, 2023
Vice Mayor Dawson asked if this is something they could indicate on a speaker slip. City Attorney Subramanian said the City can add it, but the speakers are not required to disclose whether they are a resident, whether they represent somebody, are being paid, etc.
Councilmember Kwok said he is trying to do a cost-benefit analysis in terms of the workload and friction added to every conversation they have and everybody of the City, and those testifying to learn this set of rules, etc. He thinks there is a cost to trying to extract this bit of information so he would look to Councilmember Gerringer’s question of how big is the problem.
When the Council sees people coming in, they can screen that 90% are usual residents. If it is another representative, they will know it is not the usual person attending meetings. This does not make their voice any less or more valuable, but he has not seen a problem with participants yet thus far. He has not come to a decision on this and he is concerned spending staff time to research it further, so he suggested not urgently have staff spend time working on now. If they could learn how many cities are doing this or not and then decide. Therefore, he suggested staff determine how prevalent is this type of ordinance is in other jurisdictions statewide or in the county.
Vice Mayor Dawson voiced support of this. In the meantime, the Council can monitor those speaking.
Councilmember Gerringer said in the staff report it talks about code enforcement. She referred to Councilmember Kwok’s comment, and asked what a simplified enforcement provision be. In many things she read while she reached this, that was the big piece that made it difficult.
City Attorney Subramanian said she thinks it would be administrative citations like the City has for other violations of the LMC. The code enforcement is complaint-driven so staff would not seek out and research these issues.
13. PUBLIC HEARING – None.
14. ITEMS REMOVED FROM CONSENT
A. BART 2023 TOD Work Plan Update: Survey of Local Jurisdictions Recommendation: Direct staff to submit survey responses to BART staff.
Councilmember Candell said she thinks the responses were very well written. Her 2 concerns are having them start so early and not having the public involved with them. It is a big policy change that will happen next year, and she did not think staff has brought the people along with this on the subject. She would be much more comfortable with doing the Safety Element, EIR, evacuation routes, do an overlay, and she completely agrees with getting the parking monies, but to get a plan. In order to roll this out and be effective for the Housing Element, she would like a plan to be brought to the public and then move forward. She thinks it is premature to send in a huge list and they are starting to process this before the City brings the public along. They do have time and will do it by then, but she thinks the public should be brought along.
City Council Meeting Page 11 of 14 April 24, 2023
Councilmember Gerringer commented that this staff report was very well-written and is very much in alignment with what the Council had asked staff to do when they were working on the Housing Element.
They were not going to get approved for the BART property because the City was not on their Work Plan, and as a Council, they directed staff to move forward in participating in this survey to be part of BART’s Work Plan. To Councilmember Candell’s point, it was being able to move things forward, so they are not in the same place when they begin to look at the next cycle. This process will also take time.
The public has been very much engaged as well as outsiders in the Housing plan. They may not agree the City should move forward with getting moved on the Work Plan, but those conversations will continue to take place in moving forward.
Vice Mayor Dawson asked if the survey is a discretionary item, and Planning and Building Services Director Greg Wolff said it is not a mandatory item. It is purely voluntary, but any jurisdiction that wanted to be in the Work Plan it behooves them to provide feedback to BART to inform that Work Plan. This would not be a commitment to any specific project; just an indication that in the next timeframe, Lafayette would like to be considered. There are currently cities in this timeframe that previously has been slotted but are not prepared to move forward.
Vice Mayor Dawson said in 2024 when they hope to pre-plan with BART, she asked if they would have the normal process of including the public in terms of planning efforts. Mr. Wolff confirmed and said staff would implement the Council’s direction and have public engagement throughout.
Vice Mayor Dawson opened the public comment period, and there were no speakers.
Councilmember Kwok said he feels staff moving forward to complete this is a timely exercise to get the message out that they would like to participate, so he agrees philosophically with Councilmember Candell’s statement that they want to bring the community along. It is not an easy decision and not everyone wanted it, but he also thinks they have crossed the bridge where they have pivoted their position of support to say they want to be part of the TOD, so he would conclude this is the right thing to do, to submit it, and to get them in the TOD. Otherwise, they would limit their options in the future.
Councilmember Candell said her concern is to take time to tell people they are going out to put the City on their TOD list. They are not in this Housing Element and they have 16 years to get it built, so she wondered if they should take this effort today when she thinks a lot of their public members would be very surprised that they take the decision today when it was not advertised. Therefore, she would either ask BART not to start working on it in 2024, but maybe in 2025, or delay. With no one commenting on this means no one knew about it. She thinks it is a risky thing in this City because they want to bring people along. She asked and confirmed the survey responses are due April 28th.
Vice Mayor Dawson clarified this is a survey so BART can start determining what their work plan will be and it does not necessarily say Lafayette will be in the work plan. The City and the public will be working with them in 2024 and it would be a Council item.
Mr. Wolff emphasized it will be the very early stage of indication to begin a journey and there will be several opportunities for the public and the Council to weigh in. If the Council and the public deem it appropriate to stop moving forward by not funding a given component or not giving staff direction to move forward with something, there are ample opportunities. This is an indication for the City to be considered for a TOD project whereas currently they cannot.
City Council Meeting Page 12 of 14 April 24, 2023
Councilmember Gerringer commented that this is in alignment with the Council direction as they were working on the Housing Element. It is part of a 10-year plan, and we are saying they want to be in those conversations beginning next year, and she was ready to make a motion. There are multiple opportunities to engage the public.
Councilmember Candell asked for staff to post this on the Weekly Round Up or other area because she wants to be sure the public is aware of this.
City Manager Srivatsa said staff can post the information to the public.
ACTION: It was M/S/C (Gerringer/Kwok) to direct staff to submit survey responses to BART staff and ask that staff post information on public notice sites. Vote: 3-1-1 (Ayes: Dawson, Gerringer, and Kwok; Noes:
Candell; Absent: Anduri).
15. COUNCIL/COMMISSION REPORTS
A. Councilmembers report on activities and consideration of matters a Councilmember wishes to initiate for placement on a future agenda.
Councilmember Kwok said yesterday was a wonderful day in the park from 11 AM to 2 PM to celebrate Earth Day. He thanked Sustainable Lafayette for being the host organization. There were many children, many booths, music, and it was vibrant with triple the attendance.
Councilmember Candell referred to the roundabout at Olympic and asked to include something to the public that this is a pilot program and the City will be removing all of this soon. Ms. Srivatsa said she believes the Council wanted it to go on for an extended period and she will be presenting on this.
Councilmember Gerringer asked if staff could bring back consideration of recognizing June 19th as Juneteenth as a Lafayette holiday moving forward.
Vice Mayor Dawson said she attended the MCE Board meeting and one item that came up was AB 914.
This is something the Council will want to discuss in the future. She asked if Casey Elliott could comment on it.
Mr. Elliott said this bill would provide CEQA exemptions for new electrical projects that aim to create and disperse new energy to help the State meet with the various clean energy initiatives. The bill was in committee today and they were going to make amendments to remove electrical sub-stations and transmission lines, but overall, the purpose of the bill is to expedite getting new clean power into the grid to meet coming State mandates.
Vice Mayor Dawson referred to RecycleSmart and said they are working with downtown businesses that were impacted by a “push/pull fee.” Outside of 25 feet, businesspeople were going to be charged every time the garbage representation had to get out of the truck to get the garbage. Some outside of the acceptable range get their garbage picked up every day during the week, and it was costing businesses 5 times of what they would normally pay. The Board is adjusting that which will be returning.
City Council Meeting Page 13 of 14 April 24, 2023
Councilmember Kwok said he has taken an interest as they have more density in the downtown core how to have businesses and residents altogether. The Chamber of Commerce has expressed a concern that if they develop housing it may drive businesses out of the core. He is new to this but has heard some developers like to do one or the other, and mixed use is more difficult to do. He has asked the City Manager to learn from developers who do know how to make excellent mixed-use development. The City Manager has arranged one meeting so far and this Wednesday he and the City Manager will hold a walking tour with a developer who is specialized in mixed use.
Councilmember Gerringer said she would be supportive of learning more about mixed use projects. Vice Mayor Dawson agreed and said it would be interesting to know the economic angle of developing relationships for mixed use projects in attracting businesses and residents.
B. City Manager’s Update
Recommendation: Receive and file.
City Manager Srivatsa reported the Police Department participated in the Special Olympics Track and Field event at Acalanes High School last Friday. They had offices there escorting the torch into the morning for the opening ceremony cheering on athletes and helping in handing out ribbons.
Staff is receiving several comments on the roundabout, mostly critical. Patrick Golier will be reaching out to the Bicycle Coalition to suggest changes. Councilmember Candell’s point is well-taken and they should keep messaging that this is a pilot project for how long,so people know the scope and timing. Additionally, she asked Chief Alldritt to increase enforcement in that area because people are speeding, despite the lane merger into one lane. Staff was out there on Friday and it is scary. People drive 40 mph to merge and up to the roundabout. They will keep on top of it and will continue to publicize.
She reported good news that Congressman DeSaulnier has added the West Reach Creek project to his list of appropriation requests. The entire amount is $900,000. Senator Padilla has added to his list the West Reach Creek project as well as the feasibility and design study for the EBMUD Aqueduct Right-of-Way.
This is the first step in a lengthy process and things could change, but she recognized Casey Elliott for filing the applications for the City and he is sure he walked the corridors and did a bit of lobbying for Lafayette.
Lastly, from Parks and Recreation Department for the first time ever the Recreation program revenues have surpassed $2 million. It is due in part to return of the school district and on and off-site enrichment programs and this is a milestone.
Vice Mayor Dawson added that the Olympic Oaks HOA might be good to get in touch with because those are the people who see many of the speeders at the roundabout.
C. Councilmember Gerringer and Candell
Request from Commissioner Hiden for a 4-5 month leave of absence from the Transportation and Circulation Commission
Recommendation: Discuss and direct staff.
City Council Meeting Page 14 of 14 April 24, 2023
Councilmember Gerringer recognized Ms. Hiden’s written request, and City Clerk Robbins added 2 public comments earlier today. She asked if there is a protocol for this type of request and found there is none.
They are bringing this to the Council for consideration. Commissioner Hiden is recuperating closer to a family member and has asked for that break. She asked and confirmed the Commission is a 7-member body and there are now 6 members including Commissioner Hiden, so there would be 5 which would provide a quorum. She would recommend granting the extension for 6 months and revisit it at that time.
Councilmember Candell agreed with the recommendation and recognized Ms. Hiden’s years of service on the commission.
Councilmember Kwok said Commissioner Hiden’s expiration date is June 20, 2023 and the reapply date is 2027. City Clerk Robbins stated the Council can automatically reappoint her in June.
Vice Mayor Dawson and Councilmembers voiced support for the request for a leave of absence.
ACTION: It was M/S/C (Gerringer/Candell) to authorize a 6-month leave of absence for Commissioner Hiden from the Transportation and Circulation Commission. Vote: 4-0-1 (Ayes: Dawson, Candell, Gerringer, Kwok; Noes: None; Absent: Anduri).
16. WRITTEN COMMUNICATIONS
B. E-mail from Joe Voelker, Community Affairs Representative II, East Bay Municipal Utility District, requesting a proclamation celebrating EBMUD’s Centennial.
Recommendation: Approve the proclamation celebrating EBMUD’s Centennial.
ACTION: It was M/S/C (Gerringer/Candell) to approve the proclamation celebrating EBMUD’s Centennial.
Vote: 4-0-1 (Ayes: Dawson, Candell, Gerringer, and Kwok; Noes: None; Absent: Anduri).
17. CLOSED SESSION
Vice Mayor Dawson opened the public comment period on the Closed Session item, and there were no speakers. The Council then adjourned to Closed Session to consider the following matters:
A. Conference with Legal Counsel – Anticipated Litigation Initiation of Litigation pursuant to Government Code section 54956.9(d)(4) – (1 case)
REPORT OUT OF CLOSED SESSION
Vice Mayor Dawson announced no reportable action was taken in Closed Session.
18. ADJOURNMENT – 9:11 p.m.
APPROVED:
__________________________________
Carl Anduri, Mayor
ATTEST:
_________________________
Joanne Robbins, City Clerk