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Lafayette City Council
September 11, 2023

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September 11, 2023
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City Council Meeting Page 1 of 14 September 11, 2023
7 City of Lafayette
City Council Minutes
Lafayette Library and Learning Center – Don Tatzin Community Hall September 11, 2023 3491 Mount Diablo Boulevard, Lafayette, California 7:00 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:
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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:
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Webinar ID: 890 0880 5648 Passcode: 426199
City Council Meeting Page 2 of 14 September 11, 2023
Mayor Anduri called the Regular City Council meeting to order at 7:00 p.m.

2. ROLL CALL

Present: City Council: Mayor Anduri; Vice Mayor Dawson; Councilmembers Candell, and Gerringer

Absent: Councilmember Kwok
Staff Present: Niroop Srivatsa, City Manager; Tracy Robinson, Administrative Services Director; Greg Wolff, Planning Director, Sonia Urzua, Assistant Planning Director; Richard Smeaton, Contract Planner; Suzanne Iarla, Communication Analyst; Joanne Robbins, City Clerk; Mala Subramanian, City Attorney

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
ACTION: It was M/S/C (Dawson/Candell) to adopt the agenda. Vote: 4-0-1 (Ayes: Anduri, Dawson, Candell, Dawson, and Gerringer; Noes: None; Absent: Kwok).

5. PLEDGE OF ALLEGIANCE – David Clark led in the Pledge of Allegiance and observed a moment of silence in memory of those who died 22 years ago.

6. PUBLIC COMMENTS – (For items not on the agenda)
DAVID CLARK said he sent an article to the Councilmembers from the New York Times 2 weeks ago entitled, “This is Public Housing—Just Don’t Call it That.” He encouraged Councilmembers to read it and added one caveat, stating the way the way this works requires bond financing. He knows that is a stumbling block, but it seems there may be ways around it.

7. PRESENTATIONS
A. Mary McCosker, Lafayette Historical Society
History Presentation – Lafayette Celebrating 175+ Years Recommendation: Receive and file.

Mary McCosker, Lafayette Historical Society, spoke about tales of the schools that have been in Lafayette, stating the first school was built in the early 1850’s by Benjamin Shrive, the first schoolteacher. She spoke about Mr. Shreve’s background, presented photos of one room schoolhouses on Moraga Road, with Jenny Bickerstaff who graduated in 1888, and she provided a background of Ms. Bickerstaff who was also a teacher for many years, Diablo Foods which occupies the Bickerstaff home site, and one Redwood tree remains reminding everyone of Jenny and her services.

City Council Meeting Page 3 of 14 September 11, 2023
Lafayette Elementary School was opened in 1927 as the school-aged population in town had grown. W.B.

Bill Ellis was the first teacher principal from 1932 to 1947 and he was the school’s principal and district superintendent from 1947 to 1950. He became the district’s full-time superintendent in 1950 until he retired in 1962. Part of the school was demolished in 1997 and new classrooms were built as well as a multi-purpose room and library. Other classrooms were remodeled, and additional classrooms were added in the past few years.

Vallecito (“Little Valley”) School opened in 1949 and was closed in 1983. Students were sent to Happy Valley or Lafayette School. The school and property were sold to Bentley School in 1995 and it is now a private high school. Montecito (“Little Mountain”) School also opened in 1949 and closed in 1979 and was later sold to the Meher School. Students from this area attended Springhill and Burton Valley Schools after Montecito was closed.

Stanley School opened in 1953 and was named after Matthew Howard Stanley who moved to Lafayette in 1925 and owned a drug store on Mt. Diablo Boulevard. He was elected to the Lafayette School Board in the late 1920’s. Over the next 25 years, he helped oversee the school system’s growth from a single 3- room schoolhouse with 150 pupils to 3 schools with 1,800 students. In the 1930’s, Lafayette residents began forming a high school district to include Lafayette, Orinda, Moraga, and Walnut Creek. Mr. Stanley was voted to the Board of Trustees for the new Acalanes High School District in 1938. By 1956 when Mr.

Stanley left the school board, Las Lomas and Miramonte were up and running. In addition to his contribution to schools, he was also on the Board of the Fire District, helped to form the CCC Sanitary District, was on the Planning Committee for construction of the Caldecott Tunnel, on the committee to establish the Lafayette Library, and worked with the Boy Scouts, the Lion’s Club and the American Legion.

After a yearlong renovation during the 1992-93 school year, 6th graders began attending Stanley Intermediate, along with 7th and 8th graders. The 4 elementary schools became K-5.

Burton School opened in 1954 and was closed in 1979. The school was located on St. Mary’s Road and was named after the Burton family who farmed the property in this part of Lafayette. The property was sold to the City in 1983 and became the Lafayette Community Center.

Springhill School opened in 1955. The school was demolished except for the multi-purpose room in 1997 and completely rebuilt by 1999. Classes were housed in portable buildings until construction was completed. The name, Springhill, may have come from the geography of the area.

Happy Valley School was opened in 1956 and is still in use today. It was remodeled in the 1990’s and new classrooms have been added several times between now and then. The name, Happy Valley, was first mentioned in 1887 but it is unknown why this name was chosen for this area and thus, for this school.

Fairview Middle School opened in 1958 as Lafayette’s second intermediate school, with 7th and 8th grades.

It shared a campus with Merriewood Elementary School. In 1978, the school board voted to consolidate 3 elementary schools and 2 intermediate schools due to declining enrollment and less school funding from the State. In 1979, it became Burton Valley Elementary School when students from Montecito, Burton, and Merriewood were moved to the campus. The 7th and 8th grade students from Fairview were moved to Stanley Intermediate School. Merriewood Elementary School shared a campus with Fairview and was opened in 1959. In 1979, the elementary school was closed, and the entire site became Burton Valley Elementary School.

City Council Meeting Page 4 of 14 September 11, 2023
Ellis School opened in January 1963 and was closed in 1976. It was located on the east side of Pleasant Hill Road off of Quandt Road. When it was opened, it housed 150 K-5 students. After the school was closed, the land was sold to a private developer who built homes on the site. The school was named for Bill Ellis, long-time teacher, principal, and superintendent of schools. At first, Mr. Ellis did not want a school named after him so other names were suggested; Sir Francis Drake School, Quandt School, Shreve School after Benjamin Shreve. Ellis School was eventually used as the name. In 1954, the school district’s enrollment was 2,824 students. By 1959, it had grown to 4,348 students. In the 1970’s, schools were closed due to declining enrollment. At one time, the district supported 10 schools. Today, there are only 5 schools plus Acalanes High School, and the elementary enrollment is about 3,200 students.

On September 10, 1940, Acalanes High School opened with a flag raising ceremony. There were 406 students enrolled in the first fall. For several years after its completion, the school was used as an example of the most advanced school design at national architectural conventions and in architectural magazines. 67 seniors graduated in June 1941. Prior to its opening, students from the Lamorinda and Walnut Creek areas rode the Sacramento Northern Train and attended Mt. Diablo High School in Concord.

Mayor Anduri and Councilmembers thanked Ms. McCosker for her historical presentation of schools.

Councilmember Gerringer referred to Mr. Ellis’s volunteer service and learned that he was Lafayette’s first Citizen of the Year in 1950.

Mayor Anduri said his wife moved to Lafayette and went to 4 schools, all of which are now closed or repurposed. One not mentioned was Del Valle High School, and he again thanked Ms. McCosker.

Mayor Anduri opened the public comment period.

CHERYL MACDONALD said this was a wonderful presentation, asked if Ms. McCosker knew much about nursery schools and what was called “Humpty Dumpty College” which is now known as Firehouse.

RAVI REDDY said he appreciated Ms. McCosker’s presentation, said it was wonderfully done, and he is proud of their work.

8. Tracy Robinson, Administrative Services Director
Update on the American Rescue Plan (ARPA) and the new Experience Lafayette Webpage Recommendation: Receive and file.

Administrative Services Director Tracy Robinson reported on one of the projects approved as part of the ARPA funds which was a project to develop a website that would function as a business district directory for stores and services. The website is in the process of being launched. They have a plan that will take place right around the Art & Wine Festival which will be promoted heavily at the City booth. They will have flyers and gift cards if people sign up for the social media for the site, and she presented the site as a soft launch. The site’s name is www.ExperienceLafayetteca.org and she described the video of all the great things in Lafayette and she described the 3 different sections—Places to Eat and Drink, Places to Shop and Services, and Things to Do.

This is a full-service website to get people to come and experience the great food, shops, and services and has been worked on for a long time and it has come together very well. It will make people really want to come to Lafayette, and she encouraged everyone to explore it in more detail.

City Council Meeting Page 5 of 14 September 11, 2023
Mayor Anduri thanked Ms. Robinson and Ms. Iarla, Mr. Myers, and Vice Mayor Dawson, along with the City’s consultants, Radiant.

Councilmember Candell said it looks great and questioned the outreach to businesses.

Ms. Robinson explained they reached out on a number of channels to try and get every single business they could. They reached out and identified email addresses, followed up to businesses that did not respond, and they will continue to do this to make it as robust as they can. Also, if businesses are members of the e-card program they are planning to revive the e-card with a little bit of an added boost of 50%, i.e., buy one and get one at 50%. Therefore, if someone buys and $50 gift card, they get one for 50% off.

They also have a lot of items to be handed out at the Art & Wine Festival.

Vice Mayor Dawson said a big part of this project was to speak with businesses in town, and this was a great conduit to create a directory for residents and visitors but also for them to speak with the business community and support them.

Mayor Anduri opened the public comment period, and there were no speakers.

Councilmember Gerringer commented that the Mayor’s well written message talked about connections and provided a teaser ahead of that outreach, and she thanked him.

Mayor Anduri emphasized that the City’s consultant, Radiant, did a great job.

City Manager Srivatsa recognized a speaker who wanted to speak about Ms. McCosker’s presentation.

She said Libby Henry said she wanted to congratulate Ms. McCosker on her fine presentation and also add that Laurel Stanley of Lafayette is M.H. Stanley’s daughter.

9. CONSENT CALENDAR
Mayor Anduri asked if there were removal of any items, and there were none and no public comments.

A. Minutes – August 28, 2023
Recommendation: Approve.

B. Response to Grand Jury Report 2306, Affordable Housing: “A Plan Without a Home”.

Recommendation: Receive and file.

C. ACA 13 (Ward): Voting Thresholds
Recommendation: Authorize the Mayor to send a letter of support.

City Council Meeting Page 6 of 14 September 11, 2023
D. GP01-23 Housing Element & EIR – The City of Lafayette 6th Cycle Housing Element and the Environmental Impact Report (EIR) analyzing impacts of growth stemming from the housing plan and housing opportunity sites identified to accommodate the mandated Regional Housing Needs Allocation of 2,114 assigned to Lafayette, plus a buffer, which total approximately 3,000 new housing units between 2023-2031. The Housing Element is also required by State law to contain programs to Affirmatively Further Fair Housing. The draft Housing Element Update can be found at www.planlafayette.org; the draft and final EIR can be found at www.lovelafayette.org/CEQA.

Recommendation: Continued without discussion to September 26, 2023.

ACTION: It was M/S/C (Gerringer/Candell) to adopt Consent Calendar Items A, B, C and D. Vote: 4-0-1 (Ayes: Anduri, Dawson, Candell, and Gerringer; Noes: None; Absent: Kwok).

10. OLD BUSINESS – None.

11. STAFF REPORTS – None.

12. PUBLIC HEARING
A. Richard Smeaton, Contract Planner
Appeal of Planning Commission’s approval for: HDP05-23 REDDY (OWNER), R-20 ZONING; Request for approval of: (1) Phase I Hillside Development siting & massing; (2) Exception for Development within a Class II Ridgeline Setback; (3) Design Review for height exceeding 17’; (4) Grading to exceed 200 cu. yards; and (5) Tree removal of seven trees, to construct a new 2,850 sq. ft., 35’ tall single-family residence on an undeveloped lot within the Hillside Overlay District and Class II Ridgeline Setback; at 3933 Quail Ridge Rd, APN 248-130- 012. CEQA Determination: An Addendum to the Certified Final Environmental Impact Report (FEIR) on September 30, 2020 (SCH# 2019071038) has been prepared.

Recommendation: Adopt Resolution 2023-31 certifying the Addendum to the EIR and approving the Project, subject to conditions, including mitigation measures.

Recusal: Councilmember Candell recused herself from participating in this hearing, as she has a professional relationship with one of the presenters in the room on 2 different projects right now, and she left the dais.

Mayor Anduri introduced the item, stating the applicant received a Phase 1 approval for this project in 2020. The approval was appealed to the City Council in 2020. The Council heard the appeal de novo and approved the project and certified the FEIR for the project. The Council’s approval of a Phase 1 hillside development permit expired on September 30, 2021. Earlier this year, the applicant applied to receive reapproval of the entitlements. In April, the Planning Commission approved the project. The approval has again been appealed to the City Council. Since the appeal was filed, the City has prepared an Addendum to the FEIR. Tonight, the Council will hear the appeal de novo.

Mayor Anduri said he wanted to confirm that the project before the Council now is the same as the project before the Council in 2020. Contract Planner Richard Smeaton confirmed.

City Council Meeting Page 7 of 14 September 11, 2023
Mayor Anduri said second, he wanted to confirm that the resolution before the Council now, including conditions of approval, is the same as the resolution approved by the Council in 2020 with the sole exception that the Council is now being asked to certify the Addendum to the EIR. Mr. Smeaton confirmed.

Mayor Anduri provided with the appeal protocols, said this is a de novo hearing, the applicant has the burden to demonstrate consistency with required findings, but the applicant should be aware that the Council has reviewed all materials so there is no need to repeat what is in the materials. The appellant will then have up to 10 minutes. The appellant should use its time to demonstrate to the Council first what is different from 2020 when the Council heard the same matter and approved it, and second, what the Council got wrong in 2020. Then, he will open up for public comments, return for an appellant rebuttal, and then the applicant will have a rebuttal period, and it will then return to the Council.

Contract Planner Richard Smeaton stated this is an appeal of the Planning Commission’s decision of HDP05-23 for the Reddy project at 3933 Quail Ridge Road, owners Joseph and Silvia Garofolo to the April 3, 2023, PC approval which included the following entitlements: Phase 1 Hillside Development siting and massing, exception for development within a Class II ridgeline setback, design review for a height exceeding 17’, grading to exceed 200 cubic yards, and the removal of 7 trees.

The project site is located towards the end of Quail Ridge Road in the northwestern quadrant of the City. 3933 Quail Ridge Road is located on a private road that extends from the terminus of the existing public road. As shown in the site plan, a large portion of the 1-acre site consists of a landslide that occurred in 1997 which he pointed to on the plan in grey. The area in green is the location of the ridgeline setback.

The applicant is proposing to locate the house on the northeast corner of the site on relatively stable ground.

The project has been appealed to the City Council before when it was originally approved by the PC in July 2020. The Reddy’s were not able to acquire the Phase 2 hillside development permit prior to the original entitlements expiring and had to restart the process. The project has not changed since the original approval. The Garofolo’s appealed the decision to the PC based on 4 previously raised issues that the Council has already ruled on and 2 new issues. The items to be considered for this appeal focus on failing to adequately address potential hazards from landslide, the project being unable to comply with the mandatory C3 stormwater management and mitigation measures GEO2A, the lack of an appropriate enforcement mechanism for road damage, and the EIR not addressing the impacts to existing homes in the event of a slide. The new issues raised include the PC relying on outdated materials and concerns about the stability of the ground, opposition to granting entitlements, verification that the trees are on the applicant’s property, and the request for a completion and insurance bond for Quail Road.

Mr. Smeaton said the written appeal states the EIR failed to adequately address potential hazards from landslides. This was previously reviewed by the City Council on September 14, 2020, and the Council determined the PC and EIR were found to have addressed these concerns. Secondly, the project will be unable to comply with the mandatory C3 stormwater management and mitigation measures GEO2A. This was previously reviewed by the City Council and on-going monitoring and maintenance are covered in COA#18.

City Council Meeting Page 8 of 14 September 11, 2023
Additionally, the lack of an appropriate enforcement mechanism for road damage, this was also reviewed by the City Council previously. The project is proposed on a private road and the City does not have the duty or authority to enforce conditions in the repair of a private road. It was argued the EIR also does not address the impacts of existing homes in the event of a slide. The Council has previously reviewed this, and the EIR mitigation measures GEO1 and GEO3 address these concerns. All of these are detailed as well in the staff report.

Additionally, the appellant stated the PC relied on outdated materials and due to this appeal, the City requested an Addendum be produced to the FEIR to verify that all underlying conditions that were in the original EIR were still relevant. It was discovered no impacts to the underlying conditions of the FEIR were discovered. As part of this Addendum, the applicant produced a geotechnical report that was reviewed by engineers hired by the City for a peer review.

There were also concerns about the stability of the ground, opposition to granting of entitlements, verification the trees were on the applicant’s property, and the request for completion and insurance bond for Quail Road. The slope stability and road repairs have been previously covered. The FEIR stated there would be less than a significant impact to surrounding properties, and staff reviewed all available materials, aerial photographs, and conducted a site visit, and all trees appear to be on the applicant’s property.

To his best knowledge, the City has received no public comments on this application and staff recommends adoption of Resolution 2023-31 certifying the Addendum to the EIR and approving this project, subject to conditions and included mitigation measures.

Mayor Anduri asked and confirmed Councilmembers had no questions. He then called on the applicant for a presentation of up to 10 minutes.

Alan Cropp, Geotechnical Consultant on behalf of the applicant, said he is available to answer questions raised as opposed to making a presentation. Nash Reddy is here as a member of the Reddy family.

Nash Reddy, applicant, said he is not here to make any presentation but here to have the geotechnical engineer answer any questions to have the project approved.

Mayor Anduri asked and confirmed there were no questions of the Council. He then called upon the appellant.

Silvia Garofolo, appellant, said she is here to present their objections and add a new objection because of due process. They were corresponding with Mr. Smeaton about the Addendum and were provided with it in July which she appreciates; however, when she went today to print the agenda, she found that Appendix A and B were never provided to them, so they do not have a response to any of those items.

City Council Meeting Page 9 of 14 September 11, 2023
Another issue she wanted to point out is that Quail Ridge Road is a private road. They maintain the road.

Right now, they are making repairs because the road has been sliding. It is 12 neighbors that have the easement on the road and have made over $50,000 in payment. They have requested Mr. Reddy to pay his portion because they split it evenly on all the roads, and after several requests they have not received his payment. So, this creates concern as to whether he will actually take care of the road if the project moves forward. This is the request for the insurance bond because they have spent the money, they maintain it, and she did not want heavy trucks to damage the road more. There are 3 large patches they have had fixed: one, right in front of the proposed project, one in front of her house, and one on the other side of the landslide.

Finally, she would like to generally know that all experts have agreed that this is an active landslide, and it is still moving. She has lived here for over 10 years, and they see the slide moving downhill. Whether the black tarp has any structural function or not, it was her understanding it is a waterproof tarp, but she did not have time to engage an expert but wanted to raise her objections.

Mayor Anduri said he also discovered that Appendix A and B were not on the website. They were provided to Councilmembers today and posted to the website. He asked what impact would that have on the Council’s ability to act tonight.

City Attorney Mala Subramanian asked to confirm with Mr. Smeaton that the appellant did receive Appendices A and B previous to today, or she asked if everyone received it today.

Mr. Smeaton stated he is not sure of the answer. He thought all information had been sent over, but he would need to check his emails that it had been sent.

Ms. Garofolo stated they were corresponding regarding the scheduling of this hearing and were provided with the Addendum. She can confirm they did not receive Appendix A and B.

Ms. Subramanian suggested Mr. Smeaton to confirm whether through his email whether it was sent previously, and the Council can come back to that.

Mayor Anduri asked if there were questions for the appellant, and there were none.

Mayor Anduri opened the public comment period, and there were no speakers.

Rebuttal – Appellant
Ms. Garofolo said she has nothing to rebut.

Rebuttal - Applicant
Nash Reddy said they have been maintaining the property according to what the City is required, having fire abatement. As far as what Ms. Garofolo mentioned about the road maintenance, this is just a slurry coat that they have been applying and the City does not require them to do that. They are doing whatever the City and County are requiring them to do. Once they build the house, then they will worry about it.

City Council Meeting Page 10 of 14 September 11, 2023
Mayor Anduri returned to the Council for deliberation. He believes the Council should address the appellants’ new arguments. He thinks staff has handled those, and he appreciates staff obtaining an Addendum to the EIR because this makes it clearer. It confirms there has been no change to the basis for the Council’s earlier decision. He is in agreement with the responses to the other concerns raised by neighbors. He does not think they justify not approving this project.

Councilmember Gerringer thanked the Mayor for laying out what is before the Council. She thinks staff was very thorough and going through and having the experts review the findings and plans from before were thorough. Therefore, she is comfortable in making the findings. She sees the City Attorney is finding out procedurally whether the Council is able to take action this evening.

Ms. Subramanian said it appears that the appendices were not given to the appellant so she suggested continuing the public hearing to two weeks. The appendices have now been provided, and the Council can then take final action at that meeting.

Mayor Anduri asked if they should continue discussion of this or wait until the next meeting. Ms.

Subramanian said if the Council has any questions or additional information the Council can bring that forward now such that staff would be able to address that when the Council returns. However, if they are just waiting the two weeks and there are no questions, she believes the item can be continued.

Mayor Anduri said he noticed that the resolution refers to the staff report dated in July which should be updated to September 26, 2023.

ACTION: It was M/S/C (Dawson/Gerringer) to continue the public hearing to September 26, 2023. Vote:
3-0-2 (Ayes:, Dawson, Gerringer, and Anduri; Noes: None; Absent: Kwok and Candell).

Noted as Present:

Councilmember Candell returned to the dais to participate in the remainder of the meeting.

13. ITEMS REMOVED FROM CONSENT – None.

14. 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 while recognizing it may not be completely in Lafayette’s jurisdiction, she asked to have updates on what cities are doing to advocate or receive a report on homeowner insurance rates from the Insurance Commissioner. She knows the efforts at the State level did not proceed and there was no agreement reached.

Vice Mayor Dawson asked and confirmed staff was tracking when PG&E would return.

Mayor Anduri recognized the ARPA team and Public Works for the longest murals on either side of Lafayette Circle in front of Tutu’s and the Public House which look great. Vice Mayor Dawson said this is an example of how ARPA funds provide safety and downtown vibrancy.

B. City Manager’s Update
City Council Meeting Page 11 of 14 September 11, 2023
Recommendation: Receive and file.

1. Department Updates
Recommendation: Receive and file.

City Manager Srivatsa gave the following departmental updates:
• Police Department: They are short one motor officer. Officer Parades has passed Motor School and now the City has 2 officers on duty to help with the Slow Down Lafayette campaign. The Police Department is also getting ready for the Art & Wine Festival and working with the Chamber of Commerce.
• Recreation Department: The 4 programs are going well and a special shout out to the Lamorinda School Bus Program. The buses are providing 452 individual trips a week and an average of 90 kids a day take the bus from school to the aftercare programs, and it has been a tremendous partnership and less cars on the road.
• Administration: Staff is initiating public engagement for the safety improvements and pathway projects around Stanley Middle School. They expect to launch a project website on the City’s webpage within the upcoming week. At this time, the web page will provide general information about the scope of the project, a high-level schedule, and also information about the public Open House which is expected to be in the fall. The planning and design of safety improvements’ funding is not for constructions, but the scope of work does include the safety drop-off improvements on St. Mary’s Road, Topper, and School Street. Staff has already hired the consultant team who are ready to go.
• Planning Department: The Safety Element was recently adopted by the Council. Staff filed the necessary CEQA paperwork with the County and submitted the resolution to the State Department of Emergency Services. They are now eligible for additional FEMA funding in case of an emergency.
• Fire: The Council is aware there was a structure fire north of Deer Hill Road last evening. Chief McAllister responded and sent an update. It was put out fairly quickly. The house itself was not damaged, but there was a lot of smoke damage. Unfortunately, the out-houses were used to raise birds, and a number of birds perished in the fire. There was an engine on stand-by to ensure the fire was not rekindled. There was a small fire in the morning, but the Fire officials were there to put it out. She confirmed Fire has not determined the cause of the fire.

Mayor Anduri said on his way to Quail Ridge Road for the site visit this afternoon, he passed 2 police officers in observational positions watching stop signs and other things, so the Slow Down Lafayette campaign is working well and moving into the enforcement mode.

Ms. Srivatsa added an update on the Land Acknowledgement Task Force, stating their deadline was November but they have completed their work. They will be presenting their findings and recommendations on October 10, 2023.

Mayor Anduri opened the public comment period, and there were no speakers.

2. Sign-Ups for Art & Wine Booth – September 23-24
Recommendation: Receive and file.

Ms. Srivatsa stated Councilmember Kwok sent an email indicating he would be happy to man the booth Sunday from 12:30 to 3:00 p.m. and/or 3:00 to 5:30 p.m.

City Council Meeting Page 12 of 14 September 11, 2023
Councilmember Gerringer said she has some flexibility but volunteered Saturday morning for the first shift and would love to join Councilmember Kwok at the 12:30 to 3:00 p.m. slot on Sunday.

Councilmember Candell said unfortunately she is in a wedding on Saturday in Napa. Therefore, she can only do the last 2 shifts on Sunday from 3:30 to 5:30 p.m. and the closing.

Vice Mayor Dawon stated she can do the first shift on Sunday but will be out of town on Saturday.

Mayor Anduri said if there is only 1 slot filled for Saturday. Councilmember Gerringer said she will provide coverage on Saturday afternoon slot from 12:30 to 3:00 p.m. with the Mayor there. Mayor Anduri said he can provide coverage for all day Saturday. Ms. Srivatsa stated she will be there, as well.

City Clerk Robbins said she will circulate this and noted staff members will sign up as well to join the Council. Mayor Anduri said the Public Art Committee will be there explaining the mural program. Ms.

Srivatsa said she knows Emergency Preparedness is looking at its own booth.

Mayor Anduri opened the public comment period, and there were no speakers.

C. Councilmember Candell and Vice Mayor Dawson
Resolution 2023-50 Appointing one member to the Design Review Commission Recommendation: Adopt Resolution 2023-50.

Councilmember Candell said she is pleased they had one applicant for the last vacancy. She and Vice Mayor Dawson had a conversation about this particular candidate who is Richard Stanton. He is not only a recently retired architect from LBL as the Department Head of the Infrastructure Projects but has also served 30 years on Pleasant Hill’s equivalent to the City’s DRC. She is happy to recommend adoption of Resolution 2023-50 appointing Richard Stanton to the DRC.

Mayor Anduri opened the public comment period, and there were no speakers.

ACTION: It was M/S/C (Candell/Dawson) to adopt Resolution 2023-50 appointing Richard Stanton to the Design Review Commission. Vote: 4-0-1 (Ayes: Anduri, Dawson, Candell, and Gerringer,; Noes: None;

Absent: Kwok).

D. Mayor Anduri and Vice Mayor Dawson
Resolution 2023-51 Appointing one member to the Creeks Committee Recommendation: Adopt Resolution 2023-51.

Mayor Anduri stated he and Vice Mayor Dawson interviewed 2 very strong candidates, held discussion, and recommended Christine Lee for the position.

Mayor Anduri opened the public comment period, and there were no speakers.

ACTION: It was M/S/C (Anduri/Dawson) to adopt Resolution 2023-51 appointing Christine Lee to the Creek Committee. Vote: 4-0-1 (Ayes: Anduri, Dawson, Candell, and Gerringer; Noes: None; Absent: Kwok).

E. Mayor Anduri and Councilmember Gerringer
City Council Meeting Page 13 of 14 September 11, 2023
Resolution 2023-52 Appointing one member to the Senior Services Commission Recommendation: Adopt Resolution 2023-52.

Councilmember Gerringer stated she and the Mayor interviewed candidates and would like to recommend appointing Stephanie Carrasco to the Senior Services Commission. There were several strong candidates previously when Ms. Carrasco interviewed who is still interested in serving.

Mayor Anduri opened the public comment period, and there were no speakers.

ACTION: It was M/S/C (Gerringer/Anduri) to adopt Resolution 2023-52 appointing Stephanie Carrasco to the Senior Services Commission. the agenda. Vote: 4-0-1 (Ayes: Anduri, Dawson, Candell, and Gerringer; Noes: None; Absent: Kwok).

15. WRITTEN COMMUNICATIONS
A. E-mail from Mitias Johnston requesting a proclamation recognizing Eden Housing’s 55th Anniversary celebration on October 27th.

Recommendation: Approve a proclamation recognizing Eden Housing’s 55th Anniversary celebration on October 27th.

Mayor Anduri opened the public comment period, and there were no speakers.

ACTION: It was M/S/C (Anduri/Dawson) to approve the proclamation recognizing Eden Housing’s 55th Anniversary celebration on October 27th. Vote: 4-0-1 (Ayes: Anduri, Dawson, Candell, and Gerringer; Noes: None; Absent: Kwok).

B. E-mail from Trustee Jim Fitzsimmons resigning as Lafayette’s representative to the Contra Costa Mosquito & Vector Control District Board of Trustees.

Recommendation: Accept resignation with regret and thank Trustee Jim Fitzsimmons for 17 years of volunteer service to the community.

Mayor Anduri recognized Mr. Fitzsimmons has served 17 years as Lafayette’s representative. Vector Control is a countywide organization, but not a county board, but independent. Its Board of Directors has one representative from each City. He was very active in homeowner associations, land use matters, and he took an interest in serving and has been a tremendous volunteer. He would like to do something more for Mr. Fitzsimmons, and Councilmember Gerringer voiced support for doing something more.

Councilmember Candell agreed and asked what is the process for recruitment of the next representative.

Ms. Robbins stated staff will place an advertisement, and asked Council to pass on the information to friends and neighbors. It is an application process and then the recommendation is forwarded to Vector Control.

Mayor Anduri opened the public comment period, and there were no speakers.

ACTION: Accepted resignation with regret and thanked Trustee Jim Fitzsimmons for 17 years of volunteer service to the community.

C. E-mail from Erin Partridge resigning from the Senior Services Commission.

City Council Meeting Page 14 of 14 September 11, 2023
Recommendation: Accept resignation with regret and thank Erin Partridge for 7 years of volunteer service to the community.

Mayor Anduri recognized Ms. Partridge’s contributions on the Senior Services Commission.

Councilmember Gerringer added she was facilitating during the AARP City conversations and was very enthusiastic in her participation, worked with Terry Black painting the rocks at the first Community Day, and it is hard to see her leave, and thanked her for her service.

Mayor Anduri opened the public comment period, and there were no speakers.

ACTION: Accepted resignation with regret and thanked Erin Partridge for 7 years of volunteer service to the community.

16. ADJOURNMENT – 8:12 p.m. in remembrance of the victims of the September 11, 2001, terrorist attacks.

APPROVED:
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Carl Anduri, Mayor
ATTEST:
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Joanne Robbins, City Clerk

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