Lafayette City Council Meeting Page 1 of 11 November 27, 2023 7 City of Lafayette
City Council
Minutes
Lafayette Library and Learning Center – Don Tatzin Community Hall November 27, 2023 3491 Mount Diablo Boulevard, Lafayette, California 7:00 p.m.
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Lafayette City Council Meeting Page 2 of 11 November 27, 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, Gerringer, and Kwok (participating virtually)
Absent: None
Present: Crime Prevention Commission Chair Traci Reilly and Commissioner Denise Brown
Present: Emergency Preparedness Commission: Chair Duncan Seibert; Commissioners Sherry Hoover, George Figone, and Will Pigeon
Staff Present: Niroop Srivatsa, City Manager; Tracy Robinson, Administrative Services Director; Andy Comly, Code Enforcement Officer; Patrick Golier, Transportation Program Manager; Suzanne Iarla, Communications Analyst; 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
ACTION: It was M/S/C (Gerringer/Candell) to adopt the agenda. Vote: 5-0 (Ayes: Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
5. PLEDGE OF ALLEGIANCE – Mayor Anduri led in the Pledge of Allegiance.
6. PUBLIC COMMENTS – (For items not on the agenda)
CHERYL MACDONALD said it is her understanding that the City Manager would report on future grants that are being applied for as part of her updates. She requested that this be done when most of the public are attending the Council meetings either before or after the Consent Calendar. Secondly, she would like the projects under construction as well as grant applications to be published on the website, to be divided into grants the City is interested in applying for and those that are in the process of being considered.
Mayor Anduri asked Ms. MacDonald to send her request in writing to the City Clerk.
DAWN EAMES voiced Ms. MacDonald’s requests and suggested they be published on the website under the Weekly Round Up or Daily Briefing, and that any grant applications be identified as to their current process.
ROB LAVOIE echoed speaker requests, asked that grants be recapped to align with major construction projects so the public can see what grants have or will be applied for and their status.
7. CITY MANAGER’S UPDATE
Lafayette City Council Meeting Page 3 of 11 November 27, 2023 City Manager Srivatsa provided the following update:
• The Police Department hosted an active shooter training day at St. Mary’s College on Tuesday, November 21st. In attendance were Moraga and Orinda PD, Con Fire, Moraga-Orinda Fire, and St.
Mary’s Public Safety. The purpose was to play out scenarios involving law, fire, and EMS to test tactics, medical triage, and unified command and, according to Chief Alldritt, the purpose was achieved successfully.
• The Parks, Trails and Recreation Department received the play equipment for the Community Center Playground today. This is a big step towards opening the playground in early 2024. Also, registration for the Winter and Spring Senior Services and Recreation Programs opens one week from today and the guide can be previewed on the City website. • From the Planning Department, on November 13th the Council directed staff to make revisions to the Housing Element and also directed staff to confirm with HCD whether a minimum density requirement would preclude future commercial development. If it did not, the Council directed staff to submit a revised Draft Housing Element to HCD after the 7-day public review period. Staff has confirmed with HCD that the City can use a minimum density requirement and still allow for solely commercial development. Staff and consultants are working on the revisions to the Housing Element and an updated draft should be available for public review by mid-December. Their hope is to resubmit the Housing Element to HCD by December 22nd. Staff has already begun working on tasks related to the rezoning to implement the Housing Element changes. • The Engineering Department is hosting a public open house for the Connecting Lafayette Downtown Parkways and Schools Safety project on December 7th at the Lafayette Elementary School. This is the first open house for the project and an opportunity for the public to get information about the project and various elements, including proposed pathways on School Street and Topper Lane, a formal pickup and drop-off area for Stanley Middle School on St. Mary’s Road, and a sidewalk extension along the north side of St. Mary’s Road. At the event, the project team will provide a brief presentation outlining the goals of the project. There will be workstations set up for each of the project elements, offering attendees a chance to engage with staff, discuss initial design alternatives, and provide valuable feedback.
8. PRESENTATIONS
A. Nola Woods, Public Affairs Director, Contra Costa Mosquito and Vector Control District Update from the Contra Costa Mosquito and Vector Control District Recommendation: Receive and file.
Nola Woods, Public Affairs Director, Contra Costa Mosquito and Vector Control District, said she is here in part to approach a Councilmember to be appointed as a new Trustee to the District from Lafayette because there is a current vacancy.
Ms. Woods provided an overview of the District and their work, background of the vote in 1926 to create the District, the County’s transfer of its Rabies Risk Reduction Program to the District and their Rat and Mouse Program which is when they added vector control to their name, specific services and education, funding through property taxes and benefit assessment, and their Board of Trustees.
Lafayette City Council Meeting Page 4 of 11 November 27, 2023 She then described requests for mosquito service, mosquito fish service, neglected swimming pools, rat and mouse service, skunk service, tick ID, honey bees, and ground nesting yellow jacket service, treatment of public waterways, pastures, parks, and agricultural areas, 26 positive groupings of mosquitoes that testing positive for West Nile Virus this year, 95 reports and testing of dead birds, and the spread of the non-native invasive Aedes aegypti mosquito they found last year in Martinez and the need to dump and scrub containers and to report day biting mosquitoes.
Mayor Anduri said he hopes the City Council can identify a Director who will be as good as Jim Fitzsimons, the previous Director. He referred to the ground nesting yellow jackets and asked about services the District does and does not provide.
Ms. Woods explained they have 4 different species of yellow jackets in the County. Two will create their nests above ground such as in trees. They do not provide service for the above ground yellow jackets.
People usually find the underground yellow jacket species by accident where they will bite sting and swarm to defend their nest. The District does provide services for the underground yellow jackets because they can be very dangerous because they bit and sting repeatedly. What they recommend is around February 14th to put up yellow jacket trap as far away from walkways, patios, and windows where people hope to catch the queens. Then, she suggested taking it down at Father’s Day because this manages yellow jackets in the yard. If people leave them in the traps beyond Father’s Day through later summer months, this will be attracting yellow jackets from other neighbors’ yards. The District will come out after a report is received, will confirm they are ground nesting yellow jackets, and then they will treat the nest.
Mayor Anduri opened the public comment period.
LIBBY HENRY said her sister worked for the District many years ago and now she knows what the vector stands for. She asked if a resident can call for a rat problem. She lives on a hill in Happy Valley and said they are back after spending a lot of money getting rid of them.
Ms. Woods said yes, Ms. Henry can use the District as a resource. Specifically, each public health service they provide for each vector of disease or harm is specific to that. For rats and mice, the specific service they provide is a property inspection and advice to determine what is attracting them, how they are getting onto the property, and then they have a booklet they provide where they can mark those pages which are specific to the property. They are not a pest company but a public health agency which aims to educate people on how to reduce the risk on their properties. Some people have ivy, fruit trees, or have bird or pet food outside which attract rats.
Mayor Anduri and Councilmembers thanked Ms. Woods for her presentation.
B. Andy Comly, Code Enforcement Officer
Update on Slow Down Lafayette Campaign– Safe Streets for All Recommendation: Receive and file.
Lafayette City Council Meeting Page 5 of 11 November 27, 2023 Andy Comly, Code Enforcement Officer, provided a progress report on Slow Down Lafayette Campaign – Safe Streets for All, which launched in August. He described the program as part of the Vision Zero program which the City adopted 2 years ago. Their common goal is to reduce severe injury and fatal collisions in town. They are using technology and education as their main approach to address how they can make the City safer. They are identifying current hot spots in town, recording information about speed and volumes in particular areas, and for those of concern, they are trying to reduce speeds to make roads safer. They are working with the community and will be doing more in terms of public education to have everyone work together.
Speed is the most critical factor, and they want to reduce speeds which in turn makes fewer accidents. All it takes is a few small changes to make a very big difference in terms of how critical an accident is. It is not speed that causes the issue, but the energy and speed that is transferred and how fast it is transferred into a person at the time of a crash. He provided a couple of examples involving speed and E-bikes.
An example they have focused on is Acalanes Road on the west end of town between Mt. Diablo Boulevard and Hidden Valley Road which is a 25-mph road. There have been concerns from neighbors about speeding and they put up a low profile radar device that captures speed and traffic volume, received a baseline of what was occurring northbound and southbound traffic, put a speed display sign up on the northbound side heading up to Mt. Diablo that shows a driver’s speed and is flashing when driving over the speed limit and if very fast, it tells them to slow down.
They measured again and they found on the northbound side where the sign was, they saw a 13% to 15% reduction in the number of speeders. They also had police presence and began doing enforcement with a motorcycle officer go out daily and found the enforcement side affected the fastest speeders. The enforcement only worked on the southbound side because there were no signs, but they saw about a 25% reduction in the number of speeders going 15 mph over. There are many external factors which could affect this given events, accidents, etc., which can drastically change what is going on. So, he suggested considering these numbers as a general understanding of what the speed display signs, and enforcement has been able to do for them.
They covered 8 major roadways in town so far and the equipment rolled in slowly, so it only has been the last couple of months they have been able to get good data on this. They go through the same process and measure to see what is going on and where things looked fine they moved onto other locations. Based on that evaluation, they would either put up the speed signs or asking for enforcement, or doing a combination of the two. They also worked with local neighbors to keep them apprised of what is going on and letting them what is working and what is not, as well.
Overall, they have seen about a 10% to 15% reduction using these temporary speed display signs and adding another 10% to 15% using enforcement which is focused on the fastest speeders, and looking at what the traffic engineering group has done on Pleasant Hill Road by Acalanes High School where they took before and after measurements on the traffic coming down past the high school. They saw a 20% to 40% reduction in speeding. Data was taken during a normal school week in May and a normal school week in August/early September after the signs had been put up. Generally, having multiple signs that are up and having them early slows people down before getting to the high school, which has made a significant difference.
Lafayette City Council Meeting Page 6 of 11 November 27, 2023 Officer Comly said they are working closely with the community, providing feedback and awareness to everyone, and they all self-correct and must do police enforcement and presence. They did acquire 2 different lidar units so it is not just the 2 motorcycle officers that use them, but also beat officers that are trained so when patrol officers have time and ability, they are also doing traffic stops as well. They also have 2 full traffic officers, which has helped them significantly in terms of having a presence on the street and slowing people down. Also importantly just being present in a marked patrol car has a significant effect on how people behave.
They will continue doing the same kinds of things. Crash statistics show that the main primary roads in town tend to be the hot spots where they get significant accidents. They will continue focusing on those areas, taking readings around intersections and sections of those roads, watch for and address those changes as they see them. They are also identifying hot spots. They get requests from callers saying they see people speeding a lot and will be looking for these places where there is an increased risk for accidents, putting in speed display signs, doing enforcement, and working with traffic engineers if there is a long-term solution. Key to remember is that if they take 5 mph off of the speed limits in town, this can reduce the risk profile by about 25% or 30% in terms of the likelihood of having a severe accident in a particular location.
Public awareness is also a key part and he recognized Suzanne Iarla for getting Slow Down Lafayette signs out on their own and working with local schools. They have had 50 signs out to announce the campaign, are working with the PTAs associated with the elementary and middle schools so they will put out another 50 or so signs, and they have asked them to also move them around amongst the different PTAs as well.
They have another 50 they can get out and are working to find other organizations to help get those out.
They will also continue working with HOAs and neighborhoods on the hot spot areas they are working with as well as if they want public education.
They have put together a social media campaign on education and will be putting those out regularly. As things come out such as bad weather, hot spots, etc. they will also address those via social media, continue with interaction and materials at community events, and increased website information, as well.
He concluded and asked people to enjoy and support the City, bring speeds down a bit, and said they will get further along on the campaign’s success. Therefore, when people are panicking in the morning trying to get to work he asked to remember 35 mph instead of 25 mph has twice the energy or risk in an accident and taking 5 mph off of that speed can make a big difference. Also, for E-bike riders and for parents with those on E-bikes, it can be a significantly worse accident riding an E-bike versus a regular bicycle. He suggested enjoying these in open areas where there is plenty of room, but downtown there are many obstacles and risks, he asked people to slow down and make it safe.
Councilmember Gerringer referred to E-bikes in the downtown area and trails and asked if anyone was working on targeted education. Officer Comly said he was not sure what the schools have been working on. It is a hot topic everywhere. Within the Police Department they have had some active discussions and looked at what other locations have done. They have done bike rodeos in the past so it would not surprise him if they cover E-bikes the next time they do a bike rodeo.
Councilmember Candell said she is hearing that on Acalanes Road you had a 25% reduction in speed when combining enforcement with signage and on Pleasant Hill Road a 20% to 40% reduction with the multiple signs. She considers that an unqualified success and asked if Officer Comly thinks this is what they were aiming for.
Lafayette City Council Meeting Page 7 of 11 November 27, 2023 Officer Comly said yes, and the only caveat he would put out there is they are 2 months into the program right now, so they need more data to make sure there was not some strange anomaly, but since they have multiple places now that have the same range and look of reductions, this is a great place to go. Vision Zero in 5 to 7 years has made significant changes and they were measuring actual accidents and not just speed. So, this will take some time before they have those numbers.
Mayor Anduri said he would like to see this develop so that one of the values of Lafayette residents is they go the speed limit. It is part of being a responsible citizen and it takes a while but if they keep at it, it will be a big part of the success of Vision Zero.
Vice Mayor Dawson thanked Officer Comly for the collaborative effort. She said for every 5-mph reduction, the percentage of risk reduces significantly for a fatality. She thinks the Slow Down campaign is a great program.
Mayor Anduri opened the public comment period, and there were no speakers.
Mayor Anduri and Councilmembers recognized the team working on the campaign and thanked Officer Comly for his presentation.
C. Crime Prevention Commission
Update on Goals and Accomplishments
Recommendation: Receive and file.
Traci Reilly, Chair, Crime Prevention Commission, introduced Commissioner Denise Brown who was present and other Commissioners include Larry Bellusa, Dan Horowitz, Stephen Gelman, Rees Morgan, and Judie Peterson. She said Commissioners Brown and Peterson have been chairing the Citizens Academy for about 8 years. They had one academy this year with 12 individuals and, ideally, they will go back to holding 2 each year. They hold Neighborhood Watch meetings and had one request. There were no real Town Halls but will discuss this later. They attended the Art & Wine Festival.
Something that has been a bitter pill to swallow is the loss of life for people with drug overdoses. They have experienced this in the community, and she thinks with the rise of Fentanyl it has become a problem.
They held a discussion about how they wanted to proceed, was unsure if other communities were addressing it, but they felt it was the right thing to do. Given discussion, the Police Chief approached the Acalanes School District for a joint message. Getting to students, parents, and community members at large was their goal, and they thought the school district was the right place to start the discussion.
Fortunately, they were supportive, and it occurred in September 2023 on the Acalanes campus. Parents and the community were invited, and they had a version for the kids during academy. The message is giving them more information about what it is, how little it takes, and to educate everyone about it.
In addition, there has been Narcan given to the schools. There was also recent discussion about this, and parents questioned how their kids get it. They applied for a grant and found out they were awarded the grant. There will need to be a discussion with the City Attorney about how they go about distributing the grant. There was a small amount received, and they are just coming up to speed to see how they can work with residents, schools, and everyone.
Lafayette City Council Meeting Page 8 of 11 November 27, 2023 Councilmember Gerringer thanked Commissioners for partnering with the schools, was happy to hear about the grant, and as they expand moving to the middle school she would be happy talking with City/Schools Committee, the Superintendents and Chief there.
Chair Reilly said the situation felt like a fast-moving river where it was happening in the community, and they decided they needed to jump in and there are plans to reach out to middle schools. Again, there is a lot of mis-information for everyone, and the more people know and are educated about Fentanyl the better. She suspects they will also get it to parents with younger kids, as well.
Mayor Anduri thanked the Commission and hoped to be able to hear more about the grant and successes.
Mayor Anduri opened the public comment period, and there were no speakers.
D. Emergency Preparedness Commission
Update on Goals and Accomplishments and the Emergency Operations Communications Trailer Recommendation: Receive and file.
Duncan Seibert, Chair, Emergency Preparedness Commission, announced that Commissioner Will Pigeon recently retired from the Fire District and is a great asset for their Commission. Regarding the Commission’s accomplishments, he provided a report but not included is that through the Police Department they have been using social media on an increasingly frequent basis to educate the public as to issues from the Crime Prevention Commission and the Emergency Preparedness Commission. They have reported statistics about emergency preparedness and crime but also tips.
Because they are involved in emergency preparedness and major events they are focusing on are earthquakes and wildfire. This year they have focused on wildfire and trying to increase the number of Firewise communities within the City. He has listed 6 that are recognized by the Fire Protection Association, a Firewise USA program, with the dates their paperwork went in. They have several more in the process of applying, especially those in the Happy Valley area.
They also hosted a National Night Out event at the library which was quite successful, and there were several similar events throughout Lamorinda where police, fire, and ambulances engaged with the community and trying to build more of a neighbor-to-neighbor communication rather than the traditional night out where police talk with neighbors.
At the Lafayette Art & Wine Festival, they co-hosted a booth with the Crime Prevention Commission next to the CERT booth,so all emergency preparedness and crime prevention are altogether. The Great ShakeOut this year was a training event where they did a Webinar training through the Police Department and got City staff all trained. They did not hold a lot of engagement with the community during the Great Shake-Out but encouraged it.
Acting as the Citizen Core Council, they received reports from the Lamorinda CERT Steering Committee at every meeting, finding out what is going on with the CERT program. It is very active and increasingly active as it is building back up from its non-activity state during the pandemic, so they are back teaching classes.
The last class graduated on November 9th, and they had several Lafayette residents who graduated. They have another class coming up beginning in January at the Community Center which is a 9-week series on preparedness.
Lafayette City Council Meeting Page 9 of 11 November 27, 2023 Regarding goals, the Commission’s primary focus for 2023/24 is education. They are more concerned this year with educating the public and will be working on the Emergency Operations Plan and the supplemental emergency support functions, getting mailers out to the public, and getting social media messages out.
Commissioner Sherry Hoover said she was reading in the bi-weekly newsletter about the house fire in Canyon. This is an active group there but in the article, the woman who experienced this said she was so glad she had a go bag, so she reminded everyone of the great need for this.
Mayor Anduri opened the public comment period, and there were no speakers.
Mayor Anduri and Councilmembers thanked the Commission for their accomplishments and 2024 goals.
Step outside to view Emergency Operations Communications Trailer Mayor Anduri asked everyone to step outside to view the EOC trailer. The City Council took a brief break, and thereafter reconvened the regular meeting at 8:26 p.m.
9. CONSENT CALENDAR
Mayor Anduri asked and confirmed there were no requests for removal of items by Councilmembers. He reported receipt of a request for public comment from Libby Henry.
LIBBY HENRY said she received a message from Councilmember Candell before she came to the meeting and wanted to have Item 11.B removed from the Consent Calendar, but it might be because she did not understand what the Council was voting on tonight. She believed Ordinance 690 is an ordinance that states all speed reduction recommendations have to be approved tonight and there has been one public hearing. She did not believe it was sufficient, did not believe the reports the Council has received, such as the presentation tonight are reflective of reality in Lafayette, and felt there were very few problems relating to speed.
Mayor Anduri explained that at the last meeting, one part of the ordinance is approving the engineering and traffic survey which is required for speed limits to be enforceable, and Lafayette’s is expiring. So, in order for any speed limits to be enforceable, the Council needs to approve a new engineering and traffic survey by the end of the year. The second part in the Ordinance was setting the speed limits which included reducing the speeds on 8 road segments. The Council looked for a way to bifurcate the ordinance but could not, so the Council agreed to move forward with the ordinance and approve it primarily for the purpose of getting the new engineering and traffic survey approved so they would have enforceable speed limits by the end of the year.
They all agreed that the reduction of speed limits would have a full public hearing at either the second meeting in January or a meeting in February. The reduction in speed limits on the 8 segments of roads does not take place until July 1, 2024, so when the Council returns in January or February and they discuss separately the proposed reductions, if they do not want to reduce them, then they can revise the ordinance.
Ms. Henry thanked Mayor Anduri and added that she is a proud member of Zone 19 in Happy Valley and has applied for the Firewise USA program.
Lafayette City Council Meeting Page 10 of 11 November 27, 2023 A. Minutes – November 13, 2023
Recommendation: Approve.
B. Ordinance 690 – Establishing Prima Facie Speed Limits Within the City Recommendation: Waive second reading and adopt Ordinance 690.
ACTION: It was M/S/C (Candell/Gerringer) to adopt Consent Calendar Items A and B. Vote: 5-0 (Ayes:
Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
10. STAFF REPORTS – None.
11. PUBLIC HEARINGS – None.
12. ITEMS REMOVED FROM CONSENT – 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.
Mayor Anduri confirmed there will be 3 Councilmembers participating in the Tree of Life ceremony; Councilmembers Candell, Gerringer, and himself.
Councilmember Candell said considering the announcement tonight about the Housing Element, she asked if the Council could have some sort of education for the public on what they have done when submitting it, the consequences of their dates, and the deadline on January 31 and what they may be facing. Mayor Anduri noted this is a good idea and will also provide a heads up for people on the 7-day notice.
City Manager Srivatsa said if it is the will of the Council, staff can do this. They will work with the City Attorney to craft something for a Friday message and also add it to the Plan Lafayette Housing Element page.
Vice Mayor Dawson said the Council received a few public comments about coyotes on the creeks and in the hillsides. She thanked the City Clerk for sending out information directly to those who made the comments. She asked if staff could also make note of that in the Weekly Update, and City Clerk Robbins agreed.
14. WRITTEN COMMUNICATIONS
A. Email from Rabbi Yisroel Labkowski of Chabad of Lamorinda requesting that a Public Menorah be put up in the Lafayette Plaza for the duration of the holiday.
Recommendation: Approve placement of Menorah in Lafayette Plaza with lighting ceremony on December 7th at 5PM and to remain in place for the holiday.
Mayor Anduri opened the public comment period, and there were no speakers.
Mayor Anduri said he was definitely planning on attending, as it was very meaningful, and said it would be great if other Councilmembers could participate, as well.
Lafayette City Council Meeting Page 11 of 11 November 27, 2023 ACTION: It was M/S/C (Dawson/Gerringer) to approve placement of a Menorah in Lafayette Plaza with lighting ceremony on December 7th at 5 p.m. and to remain in place for the holiday. Vote: 5-0 (Ayes:
Anduri, Dawson, Candell, Gerringer, and Kwok; Noes: None).
15. CLOSED SESSION
Mayor Anduri opened the public comment period, and there were no speakers. He then adjourned to Closed Session at 8:37 p.m., and said the Council will return to announce any reportable action taken.
A. Conference with Real Property Negotiators (Gov. Code Section 54956.8) Property: 3483 Mt. Diablo Blvd., Lafayette (APN 243-231-022-1) (Lease and Real Property) Negotiator: Tracy Robinson, Administrative Services Director and Niroop Srivatsa, City Manager Negotiating Parties: Bill Stuart
Under Negotiations: Price and terms of payment
OPEN SESSION
Mayor Anduri announced no reportable action was taken in Closed Session.
B. ADJOURNMENT – 9:15 p.m.
APPROVED:
__________________________________
Gina Dawson, Mayor
ATTEST:
_________________________
Joanne Robbins, City Clerk