City Council Meeting Page 1 of 9 June 24, 2024
City of Lafayette
City Council Minutes
Lafayette Library and Learning Center – Don Tatzin Community Hall June 24, 2024 3491 Mount Diablo Boulevard, Lafayette, California 7:00 p.m.
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City Council Meeting Page 2 of 9 June 24, 2024
Mayor Dawson called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
Present: Mayor Dawson, Vice Mayor Kwok; Councilmembers Candell, and McCormick
Absent: Councilmember Anduri
Staff Present: Niroop Srivatsa, City Manager; Tracy Robinson, Administrative Services 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
ACTION: It was M/S/C (Candell/Kwok) to adopt the agenda. Vote: 4-0-1 (Ayes: Dawson, Kwok, Candell, and McCormick; Noes: None; Absent: Anduri).
5. PLEDGE OF ALLEGIANCE: Led by David Clark.
6. PUBLIC COMMENTS (For Items not on the agenda) - None.
MIKE HUGHES said he is a professional broadcaster, resident and business owner in Lafayette and is a stakeholder deeply invested in the community. He is here to discuss the untapped potential of the Experience Lafayette website. This website provides a valuable directory for local businesses; however, it is under-utilized. He has received no responses. As a two-time Peabody Award-Winning Documentarian and a researcher, collaborating with Oxford University’s business programs, he has studied how narrative story-telling can enhance community engagement and economic growth, which he described. He proposed the City host regular business networking events and would be happy to help promote them which can foster connections, drive local commerce, and increase the visibility of businesses. He urged the Council to consider this volunteer initiative to benefit all stakeholders in town.
LISA DISBROW, head of the MAGA overpass group and addressed the State Property – No Dumping sign.
She then described the codes: The Streets and Highways Code 660 defines encroachment, but it does not reference the federal court injunction from Judge White in 2003. Code 670; the Department may issue permits to excavate, place advertising signs, planter removed shrubs. Code 374.0; no littering, dead animals, flaming material, they are not interested in. Code 374.2; Unlawful to dump dangerous substances and none of this has happened. There has been graffiti and Mayor Dawson referenced that back in 2021 and she wished the Council would follow-up on that.
Regarding Code 374.3 it does not exist. Code 374.4; unlawful to litter public or private property; they agree, and they always clean up. Code 602.M; entering or occupying property or structures without the consent of the owner. She said no one has done anything like that because there are no structures on the overpass. Code 647.C; willful, malicious obstruction of movement. Recently, she had a car obstruct her movement which was very threatening, and this is the only time.
City Council Meeting Page 3 of 9 June 24, 2024
She also wanted to state on May 27th she had a Memorial Day event which was widely enthusiastically appreciated by locals and people on the freeway. Four days later, Trump was hit with 34 convictions, and she decorated the overpass with flags upside down which is a legitimate signal of distress. Within two hours,she had Caltrans telling her they were getting complaints and she recorded the entire conversation.
A complaint from another American canceled her free speech, and she cried. What is interesting is that on the same location with the same flags four days later, her rights were violated by the City.
Mayor Dawson pointed out that the El Curtola Bridge is the property and the jurisdiction of the State of California.
DAVID PLATTER brought the Council’s attention to something they might not have seen. If you look at the area in making the decision to switch one’s instrument from gas-powered to electric or lithium batteries, according to the Wall Street Journal, lithium batteries are much more dangerous than oil fields. Secondly, it causes all kinds of mischief such as explosions. There have been 668 explosions between New York City and San Francisco. If you change the heat radically, it will combine and make a bomb. Other people from Duracell said they are trying to work on a new battery called a PO-4, but the one now is dangerous. It causes things like brain tumors. It is carcinogenic and the people who work on these things are professionals.
He added that many homes have lost their insurance and if someone cannot get insurance, they cannot get a mortgage. What bothers him is that many homes in Lafayette are fire traps and up Springhill Road is one of the biggest death traps and if someone gets caught in it, they will not be able to get out.
7. City Manager’s Update
City Manager Niroop Srivatsa gave the following update on department activities:
• From Engineering and Public Works, there are lots of construction projects underway involving lane closures, so she asked everyone to please slow down. The main paving project in the Reliez Valley area is underway and the demolition and concrete work for the raised crosswalk at Pleasant Hill Road and Springhill Road has begun. The Public Works crew has been installing Firewise signs for neighborhoods. So far, they have posted signs for five new neighborhoods and there are 19 Firewise neighborhoods to date. Maintenance work is on-going at the Library as well. • Tomorrow, there will be a road closure on Acalanes Road and Glorietta Boulevard. It will take place between 9am and 5pm.
• From the Police Department, the Safety Fair was held at the Lafayette Reservoir last Saturday. It was well-attended, and Councilmember McCormick was there. Police report they had good attendance between 9am and 1pm but not as many people expected due to the high heat.
Mayor Dawson opened the public comment period, and there were no speakers.
8. PRESENTATIONS – None.
9. CONSENT CALENDAR
Mayor Dawson asked and confirmed there were no requests for removal of items or any public comments.
A. Minutes – June 10, 2024
Recommendation: Approve.
City Council Meeting Page 4 of 9 June 24, 2024
B. Resolution 2024-28 Reappointing various members to commissions/committees and task forces Recommendation: Adopt Resolution 2024-28.
C. Award of Construction Contract for 2024 Storm Drain Project, No. 014-9733 Recommendation: 1) Award contract to FJ&I Engineering in the amount of $69,600 for the 2024 Storm Drain Project, No. 014-9744. 2) Release $102,000 from the Drainage Impact Sinking Fund 014-340.0 and transfer it into the 2024 Storm Drain Project, No. 014-9744.
D. Anna Tolle, Planning Technician
Appeal by applicant of the Planning Commission’s denial of L05-21 Circle K Ahmadi (Applicant), C Zoning: Request for a land Use Permit to allow the conditional use of a convenience market activity in an existing commercial building at 3667 Mt. Diablo Blvd., APN 241-030-004. The project is categorically exempt from environmental review under CEQA Section 25303(c) for the conversion of an existing commercial building to a new commercial use.
Recommendation: Continue without discussion to the regular meeting on July 22, 2024.
E. Surplus Equipment
Recommendation: Declare that the equipment described is surplus property and donate or sell as appropriate.
ACTION: It was M/S/C (Candell/Kwok) to adopt Consent Calendar Items A, B, C, D, and E. Vote: 4-0-1 (Ayes: Dawson, Kwok, Candell, and McCormick; Noes: None; Absent: Anduri).
10. OLD BUSINESS
A. Tracy Robinson, Administrative Services Director
Key Dates for Ballot Measure Placement – 2024 November Election Recommendation: Receive and file.
Administrative Services Director presented a listing of key dates the Council needs to keep in mind as they consider a potential ballot measure. The Council has until August 9th to send in paperwork. The County prefers to have it sooner however, so that gives the Council three meetings to consider this, including tonight’s meeting; July 8th and July 22nd. Staff will have additional information at the July 8th meeting regarding a tracking poll they are doing, and this is just more of an informational item.
Mayor Dawson opened the public comment period.
DAVID CLARK said the Council has discussed this quite a bit and he thinks there is a toggle switch with respect to the sales tax which is that they have control over whether it will be a 50% +1 or 2/3. If the Council has reached that decision, it seems obvious they would move forward with the 50% +1 and he would include that in the description of the provision when it comes up in various places in the City given it is easier to attain than the 2/3 vote is.
11. STAFF REPORTS – None.
12. PUBLIC HEARINGS
A. Niroop Srivatsa, City Manager; Tracy Robinson, Administrative Services Director City Council Meeting Page 5 of 9 June 24, 2024
Resolution 2024-22 Adopting the Proposed Budget/Workplan; Appropriating Revenue And Expenses; Confirming The City’s Investment Policy; Determining The Appropriation Limit For Fiscal Year 2024-25; Determining Fees For All City Services And Authorizing Transfers And Expenditures Including the 2024 Capital Improvement Program And Related CEQA Findings Recommendation Adopt Resolution 2024-22.
Administrative Services Director said this is the budget the Council considered at its last meeting. She made the changes that the Council approved which were only two: releasing the rest of the ARPA funds of $1.99 million into the General Fund for use and adding $48,000 to the budget for crossing guards just for this year. There were no other changes, and she updated the PDF in the budget to reflect both of those changes. She also believes there might be a small correction on the resolution which states CEQA 2022- 23, and it needs to be 2023-24 and staff can make this change.
There were no questions from Councilmembers.
Mayor Dawson opened the public hearing and public comment period.
MIKE HUGHES said as a concerned resident and business owner, he is here to discuss the City’s $2 million deficit and present a solution that incorporates the Experience Lafayette website. Through his research and collaboration with Oxford University’s Business Strategist, including his mentor, Professor Iro Varros and his neighbor and Oxford MBA graduate, Nakul Thomas, he has identified strategic narrative storytelling as a powerful tool for economic solutions. Professor Varros’s strategy transformed Espoo, Finland into the most sustainable City in Europe and can help Lafayette not only recover from the $2 million deficit but also become a world model of ideal cities in the age of artificial intelligence.
He asked to Love Lafayette by making it AI strong with volunteer help. Utilizing the Experience Lafayette website as a central hub, the City can implement a narrative story-telling strategy to promote local businesses and attract new ones. Here’s how: Networking story-telling campaigns with or without AI, launch campaigns highlighting the success stories of Lafayette businesses, and showing how they contribute to the community and economy. Networking events: Organize regular events as mentioned to drive engagement and commerce. Partnerships: Form partnerships with local media, schools, universities, and organizations to broaden the reach and impact of sharing these stories. Community Involvement: Engage residents in the process beyond just businesses in the community, encouraging them to support local businesses and participate in community events.
By driving more business activity and fostering the support of community and environment, the City can increase local revenue streams and address the deficit with AI education events like the Senior Symposium. He will continue urging the Council by email and attendance at Council meetings to consider this approach to address the deficit and enhance the community’s prosperity, potentially transforming Lafayette into an AI-strong model city in the age of artificial intelligence.
Councilmember Candell thanked Mr. Hughes and asked if there is another city that has done something like this where he can point to their website. Mr. Hughes said yes, Espoo, Finland.
STELLA WOTHERSPOON thanked the Council for their vote on June 10th to support the school district’s request for assistance with the crossing guard program. She was here 5 years ago requesting the same thing of a previous Council and it is critically important. They want kids walking and biking to school, want vehicles off the road during peak hours, and there have been numerous incidents since 2014, so it is critical, and she appreciates the support.
City Council Meeting Page 6 of 9 June 24, 2024
She agrees with Councilmember McCormick’s comments that perhaps the City should be at the table with the School District and contracting company to talk about the level of service and cost to make sure it is a mutually agreeable agreement. She spoke about days where there were unstaffed stations which were hard to resolve, so there are service issue questions which she was unsure have been completely resolved as well as staffing and hiring constraints.
DAVID CLARK said he wanted to make sure the Creeks Committee has an interest in the Two Parks project, and it looks like this project is in Fund 12 and there is a provision both for this FY and next FY. The first year is $35,000 and the second year is $70,000.
Mayor Dawson asked for confirmation for Fund 12 and the Two Parks project. Ms. Robinson said she thinks they are still in the process of the City fronting this money to this year’s budget for the project in 23-24. She does not have a specific budget yet from the PTR Commission because she thinks they are still working on the design, and they are also ensuring they are getting the matched funding before they commit another year of their funding. Technically, it is not in the budget because she does not have a number. However, the project is still going on and as soon as they have some figures, they can include that at any time and can always catch up on the final budget which will be adopted in January.
Mayor Dawson said she knows the all-ages group got some money from the Community Foundation, so this is still in flux as well.
Mayor Dawson asked if there were any comments or questions on the budget as revised or the resolution.
Vice Mayor Kwok thanked the public for their letters this past week and some have dived into more detail about how the Council can adjust their budget. They are looking for public feedback and he wants the public to continue to engage on this topic. The Council has received feedback and the sooner they have a richer conversation it will help the City make a good decision.
Mayor Dawson said regarding the dates of considering a sales tax, that will also be on the Council’s agenda for the next couple of meetings. She reiterated and encouraged public comments.
ACTION: It was M/S/C (Candell/Kwok) to adopt Resolution 2024-22, as amended. Vote: 4-0-1 (Ayes:
Dawson, Kwok, Candell, and McCormick; Noes: None; Absent: Anduri).
City Manager Srivatsa recognized Tracy Robinson for her excellent work in preparing the budget. She noted that Ms. Robinson has been doing this for 25 years and is a master of the craft. Mayor Dawson and Councilmembers thanked Ms. Robinson.
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 McCormick reported on his attendance at the Safety Fair which was very impressive.
Police, Con Fire, Search and Rescue, EBRPD, and he felt safer after seeing all agencies there.
Mayor Dawson gave a shout out to all partner agencies, and it was a good way to make a show of force.
City Council Meeting Page 7 of 9 June 24, 2024
Councilmember Candell said all Councilmembers received an email from Donn Walklett who is a resident expert on all-things-safety-and-tech as well. She followed up with him on a couple and he sent her a full presentation on exactly what he meant plus a letter to Insurance Commissioner Lara. She read them.
They look extremely interesting, and also shared them last Friday at the ABAG meeting with Mayor Darlene Gee from Orinda and Steve Woehleke from Moraga. They suggest that all the three Councils write a letter to the Insurance Commissioner. So, she would love for the Council to be able to look at his proposal at a future meeting.
City Manager Srivatsa said it is at the Council’s direction and since Commissions are appointed by the Council, if it is a matter of urgency, staff can bring it back. Councilmember Candell said she did not think it was urgent, and Ms. Srivatsa recommended taking it to the Commission first.
City Attorney Subramanian said since it is not on the agenda, it cannot be recommended to be sent to the Commission first. Staff can agendize it on an agenda and the Council could then decide accordingly.
Ms. Srivatsa asked Councilmember Candell to send her the information and she can direct it to the Commission.
Councilmember Candell reported on her attendance to the ABAG General Assembly meeting last Friday.
Items included just the budget; however, after the Executive Director’s report, people started standing up and asking ABAG when they will start pushing for RHNA reform, help cities with builder’s remedy projects, with the appeal process with ABAG. This was new and she thinks it was good if it is a way to get their voices out to ABAG.
She is also on the League Governance Transparency and Labor Relations Committee, and they had their statewide meeting. A guy from Common Cause who is focused on AI in messing with the next election. It is real and it is coming, and he is saying the federal government will not do anything about it before this next election. The State is not going to have time to do anything about it before the next election, so it is up to county and local cities to educate the public on what this looks like and how to deal with it and recognize it.
She also shared this with other Councilmembers and would like to push their Supervisor to do something countywide. This will probably be one of the most public awareness campaigns along with their sales tax measures. She thinksthey must do this for residents because they only need 3 minutes to have a complete AI on you saying or doing something that you have never done. It is not fake, and it is real so how does Lafayette arm their citizens that this likely will happen.
Mayor Dawson suggested bringing this back to the Council and Councilmember Candell said she can reach out to Supervisor Anderson to see if the County is doing anything first and will report back.
Mayor Dawson opened the public comment period, and there were no speakers.
B. Vice Mayor Kwok and Mayor Dawson
Resolution 2024-24 Appointing members to the Emergency Preparedness Commission Recommendation: Adopt Resolution 2024-24 appointing members to the Emergency Preparedness Commission.
City Council Meeting Page 8 of 9 June 24, 2024
Mayor Dawson said there were six wonderful applicants, and they recommended appointing Stephanie Bontemps, George Figone, Michael Melewicz, and Duncan Seibert.
Mayor Dawson opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Kwok/Candell) to Adopt Resolution 2024-24 appointing Stephanie Bontemps, George Figone, Michael Melewicz, and Duncan Seibert to the Emergency Preparedness Commission. Vote:
4-0-1 (Ayes: Dawson, Kwok, Candell, and McCormick; Noes: None; Absent: Anduri).
C. Councilmember McCormick and Vice Mayor Kwok
Resolution 2024-25 Appointing a member to the Crime Prevention Commission Recommendation: Adopt Resolution 2024-25 appointing a member to the Crime Prevention Commission.
Vice Mayor Kwok said they interviewed one applicant, Cam Burks, and recommended the Council appoint him to fill the vacancy.
Mayor Dawson opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Kwok/McCormick) to Adopt Resolution 2024-25 appointing Cam Burks to the Crime Prevention Commission. Vote: 4-0-1 (Ayes: Dawson, Kwok, Candell, and McCormick; Noes: None; Absent:
Anduri).
D. Mayor Dawson and Councilmember Anduri
1. Resolution 2024-26 Appointing members to the Planning Commission Recommendation: Adopt Resolution 2024-26 a member to the Planning Commission.
Mayor Dawson said she and Councilmember Anduri are recommending appointment of current member Stephen LaBonge.
Mayor Dawson opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Dawon/Candell) to Adopt Resolution 2024-26 appointing Stephen LaBonge to the Planning Commission. Vote: 4-0-1 (Ayes: Dawson, Kwok, Candell, and McCormick; Noes: None; Absent:
Anduri).
2. Resolution 2024-27 Appointing a member to the Senior Services Commission Recommendation: Adopt Resolution 2024-27 appointing a member to the Senior Services Commission.
Mayor Dawson said she and Councilmember Anduri interviewed for an opening on the Senior Services Commission. Conrad Breece re-applied and they recommend his re-appointment.
Mayor Dawson opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Dawson/Candell) to adopt Resolution 2024-27 appointing Conrad Breece to the Senior Services Commission. Vote: 4-0-1 (Ayes: Dawson, Kwok, Candell, and McCormick; Noes: None;
Absent: Anduri).
City Council Meeting Page 9 of 9 June 24, 2024
15. WRITTEN COMMUNICATIONS
A. E-mail from Christy Mack resigning from the Public Art Committee.
Recommendation: Accept resignation and thank Ms. Mack for two years of volunteer service.
Mayor Dawson opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Candell/Kwo) to accept resignation and thank Ms. Mack for two years of volunteer service. Vote: 4-0-1 (Ayes: Dawson, Kwok, Candell, and McCormick; Noes: None; Absent: Anduri).
B. Request from the Parks, Trails and Recreation Commission for a proclamation recognizing July 2024 as Parks, Trails and Recreation month in Lafayette.
Recommendation: Discuss and direct.
Mayor Dawson opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Kwok/Candell) to approve the proclamation recognizing July 2024 as Parks, Trails, and Recreation month in Lafayette. Vote: 4-0-1 (Ayes: Dawson, Kwok, Candell, and McCormick; Noes:
None; Absent: Anduri).
16. ADJOURNMENT - 7:46 p.m. in memory of Mary Bruns, former Transportation Program Manager for the Lamorinda Spirit Van.
APPROVED:
__________________________________
Gina M. Dawson, Mayor
ATTEST:
_________________________
Joanne Robbins, City Clerk