City Council Meeting Page 1 of 10 October 15, 2024
7 City of Lafayette
City Council Minutes
Lafayette Library and Learning Center – Don Tatzin Community Hall October 15, 2024 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:
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City Council Meeting Page 2 of 10 October 15, 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 Anduri, Candell, and McCormick
Absent: None
Staff Present: Niroop Srivatsa, City Manager; Patrick Golier, Transportation Program Manager; Brian Hughes, Attorney BBK; 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 (Anduri/Candell) to adopt the agenda. Vote: 5-0 (Ayes: Dawson, Kwok, Anduri, Candell, and McCormick; Noes: None).
5. PLEDGE OF ALLEGIANCE: Led by Mayor Dawson.
6. MAYOR DAWSON - Land Acknowledgement Statement
We acknowledge that Lafayette is part of the unceded, ancestral homeland of the Bay Miwok people. The Bay Miwok and neighboring Ohlone people have lived in and moved through this place for thousands of years. They stewarded and shaped this land for hundreds of generations. We express our appreciation and gratitude for this profound legacy, which enhances and contributes to our lives to this day. We will strive to honor this land and strengthen our ties with the Indigenous communities that continue to live and work in our East Bay region as our neighbors and community members. We acknowledge and honor them and their ancestors, elders, and next seven generations.
7. PUBLIC COMMENTS (For Items not on the agenda).
LIBBY HENRY spoke about the definition of “civil discourse,” truth, political party leaders, rights of citizens, rhetoric, HCD’s excessive housing goals for California, and said the facts should matter to those in power in Sacramento and to anyone wishing to be a Councilmember, stating Lafayette needs leadership to fight the State government.
8. CITY MANAGER’S UPDATE
City Manager Niroop Srivatsa gave the following update on department activities:
• From Public Arts:
▪ This Saturday, October 19th is the Day at the Library. The Public Art Committee will be hosting a guided tour of all art in the Library, led by Janice Peacock, member of the Public Art Committee. There are over 30 diverse pieces of art ranging from large installations to smaller, more intricate works. The tour is free, begins at 1:00 p.m. and will last about 45 minutes. Those interested can visit the City’s website. ▪ From the Parks, Trails and Recreation Department:
City Council Meeting Page 3 of 10 October 15, 2024
▪ The Department’s Youth Commission is gearing up for the annual Haunted House that will be held outside in the Community Park the weekend of October 26 and 27. Tickets will likely sell out and those interested can obtain them from the City’s website. ▪ Regarding an update on the Lennar Project, known as the Brandt, this is the 66 condominiums located at Mountain View Drive and Mt. Diablo Boulevard. It has been under construction for several years now and the City has recently learned that all windows in the project will have to be replaced because they are defective, and it will take approximately six additional months to complete. Lennar will continue to do the other work on site, but the development will not be occupied for at least six months.
▪ City staff met with Lennar last week and indicated that they would like to get the public improvements done and ready before the rains begin to the best extent possible. The traffic signal in front of the City offices and Lennar has been installed and it should be energized this Thursday.
Additionally, the streetlights in front of Lennar are also working, and the City is working with the developer to finish up all work on site; however, the project itself will not be completed until the Spring of 2025.
Councilmember Anduri asked if the developer suggested whether or not the public art should be put on hold until they are finished replacing the windows. City Manager Srivatsa said they raised the issue, and Lennar would like to finish the installation because there will be heavy equipment and cranes to lift the windows up. But, they are also aware of the fact the City would like to see the public art, so it may be staged. The developer is completing one building at a time so they may be able to install the art when that building has been completed.
Mayor Dawson opened the public comment period.
ROGER DEMING questioned what the defect was for the windows and who would cover costs of the increase for replacements.
Ms. Srivatsa replied this is a matter between Lennar and their contractor and the City will not bear the cost.
9. PRESENTATIONS
A. Assistant Fire Chief Chris Bachman
Update from the Contra Costa Fire Protection District
Recommendation: Receive and file.
Assistant Fire Chief, Chris Bachman gave a PowerPoint presentation on behalf of the Fire Chief and Contra Costa Fire, which will provide an overview of the services they provide to the City of Lafayette. He described their 33 fire stations, 36 different crews, specialized vehicles and programs, ambulance transport, aviation, Crew 12 hand crew, two fire dozers, a fire investigation unit, hazardous materials team, health and wellness, two canines for search and rescue and arson detection, marine rescue, UAV drones, and FEMA urban search and rescue team. The Byron Wildfire Center is being staff with Crew 12 which is a countywide hand crew that provides year-round resources, and they are available throughout the state for deployment. He displayed their new helicopter, spoke of their media event last week, said they are doing a pilot with PG&E, staffing through November until they start downgrading wildland response.
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Assistant Chief Bachman then described their wildfire mitigation project program, construction plans for three new fire stations underway, a SAFR grant for Battalion 8 and 9 crews that occurred in 2023, and they organized a DEI program that has been implemented department-wide. He then described September calls for service which totaled 7,535 in the entire county and the breakdown by cities, for a total of 206 for Lafayette. The City, year to date is 22 total exterior fires from January to September, last year the City was at 19 fires, and in 2022 at 30 fires. He then described ambulance EMS calls countywide at 1,163 calls, and for Lafayette the total was 14 ambulance only calls.
Regarding structure fires, Lafayette had one on October 8th on Monroe Avenue, which was extinguished and brought under control in about 45 minutes, and he described resources on the call, some damage to the adjacent home, and noted the cause of the fire was from hot embers from a BBQ grill. There were no injuries reported.
Regarding wildfire threats, they are seeing seasons going longer, less predictable, with fire trends continuing.
Thursday will begin Red Flag warnings countywide through Saturday. Indicators point to a dangerous fire season and no areas are risk-free. He provided flyers in the back of the room regarding home hardening, evacuation planning, preparedness, and programs which are also available on their website.
Assistant Chief Bachman then provided an overview of the Contra Costa County Wildfire Mitigation program, its funding from Measure X, and projects completed last year from funding. He recognized Lafayette’s Police Department for identifying evacuation routes, and additional signage, cones, vehicles, and personnel from the Public Works Department. He stressed the need for residents to know their zone through Genesis (formerly Zone Haven) and to sign up for alerts through the Community Warning System.
Councilmember Anduri thanked Assistant Chief Bachman and the entire team for the quick response for the Monroe fire. He referred to the helicopter and asked for more detail about the cooperation with PG&E.
Assistant Chief Bachman stated they have an agreement with PG&E that they will provide the helicopter and pilot and then they recently re-evaluated and added a Con Fire firefighter who will be in the helicopter to improve radio communication for those on the ground. The helicopter has 300-gallon water drop capabilities, is stationed in Byron and only available during daylight hours. It has already responded to five mostly grassland incidents and water dropped on four incidents, has been very effective, and has been a valuable resource.
Mayor Dawson asked about the firefighter pilot relationship timeframe.
Assistant Chief Bachman said it will stay until they downsize their resources going into the winter months.
They are evaluating its effectiveness and holding conversations for high-risk season with PG&E going into next year.
Mayor Dawson noted that Southern California Edison funded a helitanker there and she asked for potential future programming similar to this.
Councilmember McCormick asked about the new fire stations being constructed.
City Council Meeting Page 5 of 10 October 15, 2024
Assistant Chief Bachman confirmed they are out in Battalion 8 and 9 areas. In the initial implementation of Measure X dollars to open closed or add fire stations, one of the first stations which benefited Lafayette was Station 4 in Walnut Creek. There are not that many engines, ladders, or officers in Lafayette but as an organization when they have a working fire and it goes to a first or second alarm, those resources are immediately dispatched, and this leads to effectively knocking the fire down quickly. While they are not staffed or stationed in Lafayette, this is a benefit for this City in a major event.
Councilmember McCormick said in looking at 3-year trends for incident calls, it looks fairly flat. The ambulance were trending downward, and he asked why.
Assistant Chief Bachman said he was unsure as to the EMS trends. He does monitor and oversee exterior and structure fires, but thinks even when looking at the situation Countywide, it is not trending down nearly as fast as what it had shown for September in Lafayette. Sometimes there is just a dip, and the overall yearend number is still roughly the same.
Councilmember Candell thanked Assistant Chief Bachman for the presentation and commented on the high winds forecasted for this weekend. It looked like Lafayette did not have as many projects as neighboring cities and asked how to achieve more projects in Lafayette.
Assistant Chief Bachman stated the bar chart with the total projects was both applied and completed. So, the numbers for Lafayette are on track with any other city as far as how many have been completed. The City does not have as many applied, and the spike on the chart is Moraga, Orinda, and Richmond which are the highest cities that have applied, but they are not necessarily the highest in completed projects. They ensure they are consistent and fair in not putting uneven emphasis on one community and are trying to spread sales tax dollars across every jurisdiction equally and fairly.
Councilmember Candell asked what are the circumstances the Fire Department uses to determine whether a tree gets removed. Assistant Chief Bachman said when they are working on a project for fuels reduction or clean-up and there is a dead tree in the area they are treating, they cut it down, but they track it as well as all dead trees cut down in the County, but it is not necessarily considered a “project” or it could be a fuel break created and they would remove the dead tree and replanted, which he described.
Councilmember Candell said it is election season and there is a climate bond on the ballot. One of the key items is for wildfire, and she asked what impacts Con Fire might feel if the bond is passed. She also asked if Con Fire has taken a position on the bond measure.
Assistant Chief Bachman said they have not taken a position on it but are familiar with it.
Councilmember Candell said she and Councilmember Anduri met with Donn Walklet about Fire SAT, and the opportunities that could provide for fast detection and response. She asked if Assistant Chief Bachman was familiar with the work being done.
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Assistant Chief Bachman said the locations have been chosen and identified as pilots. They are experimenting whether the resource is proving to be timelier in identifying when fire comes in. In the meantime, dispatchers have access to the wildfire cameras throughout the county to identify if there is a call, the dispatchers identify size, how big a column of smoke it is, can confirm it is a working fire, and getting additional resources in route. They all share success stories when piloting a new program and they are trying to be innovative in different ways and share the information with what worked well and what did not to learn from each other and implement new technologies if they have been proven beneficial.
Vice Mayor Kwok said he noticed the DEI initiative program as part of one of their accomplishments this year, and he asked to share more about the goals of the program and achievements thus far.
Assistant Chief Bachman said they wanted to be sure they trained all 500+ personnel with the DEI training along with developing a DEI statement that properly represents their organization after the training. They not only took their leadership, but ensured it accurately represented their entire department. They selected representatives based upon interest and requests and groups in their department, as well, to work with the consultant to ensure they arrived at an appropriate DEI statement that represents their organization and mission moving forward.
Vice Chair Kwok asked to review any of the deliverables and be kept abreast and applauded Assistant Chief Bachman to continue on this effort. He also referred to the need for a ladder truck in Lafayette and a new location for a fire station, and he asked for any update on this topic.
Assistant Chief Bachman said they have identified their station will not house or support a ladder truck, given the size of the station. They are identifying to every developer that this will be a future need and whenever there is an issue with ladder access to any sites, they have been requiring additional safety features on the building when they get over 4 or 5 stories of requiring an additional stairwell on the back side of the building that goes up to the roof.
The Fire Code only requires having access to one side of the building with a ladder truck, and some of these buildings meet the intent of the code but they do not have access to the other three sides. Therefore, if they would need to get off of the building immediately, they would have a secondary way off of the building with a rated stairwell. This stairwell will also serve as a great evacuation tool for residents in the building, as well.
They have not been able to locate an ideal site and are open to any type of site to build a station and selling their location, but it must make sense in not getting too far off of the corridor.
Councilmember McCormick said there will be taller buildings downtown and he asked if Con Fire would be open to another site or he asked if someone were to propose it, Con Fire would be open to it. Assistant Chief Bachman explained they are not actively looking right now, but they are definitely open to it. They are getting ready to break ground on two different stations out east. Once those are underway, it would be more ideal to start planning and looking for a new site if they were to build a station in Lafayette. They had to relocate the site in Brentwood, so this set them back a bit. He will ensure he passes on any update on a new site to their Support Services Division that works on all fire station evaluation and construction of sites, apparatuses and purchases.
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Mayor Dawson referred to the fire five years ago in Lafayette which was during a Red Flag Day warning day, and the power from PG&E sparked the fire. She said the City has improved its Safety Element, have done proactive work with partners on compliant infrastructure, etc. She referred to EBRPD, and said the City is in CPUC Tier 2 and 3 fire zones which means it is elevated to extreme risk just by the nature of PG&E infrastructure being where it is, particularly in Briones. She asked what is the relationship between EBRPD Fire and Con Fire.
Assistant Chief Bachman said he believes they have a very positive working relationship, knows an area of the Lafayette/Walnut Creek Shaded Fuel Break does go across park ground in two different spaces, and Con Fire is working with EBRPD to finish up the last four sections, so they are 90% complete with that project.
Two areas are on EBRPD property, and it will require additional documentation, approval, and permits to go through their approval process. The EBRPD has also received millions of dollars in grants over the years and has done a lot of mitigation work in Contra Costa County and neighboring counties.
Mayor Dawson opened the public comment period.
STELLA WOTHERSPOON thanked Assistant Chief Bachman and Con Fire for their service. She referred to the Local Responsibility Area Maps process and asked for more information about how the maps will be developed and what the public input process will be, and how will it be adopted locally.
Assistant Chief Bachman said this will follow the same format as the SRA maps process. The maps are not up for major change. There must be science and data if they request to move a line unless they are moving the line to include an area that should have been included. The comment period is usually about 60 days after maps are released and they were just told last week that their goal is to release the maps in January.
For areas with major changes, they will be holding public meetings to list those concerns. Comments will be documented, sent to the State for comment, and the cities and counties will adopt the maps after the public comment period.
Mayor Dawson asked for comments on the California Insurance Commission’s Fire Program. Assistant Chief Bachman said the California Dept. of Insurance will require additional mandates that insurance companies must give discounts if certain criteria are met. One discount is for Firewise communities if one shows their certificate, and one is if someone is on the 2024 Fire Risk Reduction Community List. There are only 20 total cities, counties, and special districts on that list. He provided public comments and also responded to the Board of Forest Survey that he supports the program and requested they reconsider reopening the application period which was from January to April 2026.
He noted that it was originally explained during the workshop that if someone is on the list, they would be a higher priority for grant funding. The target was going to be low-income portions of the community. There were also low-income requirements to qualify. Con Fire evaluated it and felt they were not going to be applying for grants, and it would not impact them, so they are not on the list. When they learned they would use the list as a reduction for insurance, they support that if they reopen the application period. Therefore, they support the direction but would want them to reopen the application period because Con Fire would qualify.
Mayor Dawson and Councilmembers thanked Assistant Chief Bachman for his presentation and update, as well as education and Con Fire’s proactive work.
B. Patrick Golier, Transportation Program Manager
City Council Meeting Page 8 of 10 October 15, 2024
Update on Safety Around Schools
Recommendation: Receive and file.
Transportation Program Manager Patrick Golier first introduced Bart Carr, Chair, and Stella Wotherspoon, Vice Chair, of the Transportation and Circulation Commission and recognized the Commission’s work in prioritizing this work to help bring the project to fruition.
He gave a PowerPoint presentation and update on safety around schools and other efforts taken to improve safety on streets around schools. He provided a background which led to development of six rapid implementation safety plans for each of the City’s schools, identification of a subset of projects representing the highest priority work for the Engineering Department to tackle, allocation of $1.3 million in funding towards the efforts, and work to design and construct the priority projectsin time for the school year.
Mr. Golier displayed photos of completed improvements, major capital projects implemented, review of the work done as part of the effort, illustrated the scope and scale of the work, and recognized the many individuals that have contributed towards this effort. He noted the improvements were based on rapid improvement plans and the planning and construction occurred within a two-year timeframe which is impressive, and the whole process was very thoughtful, which he described.
Transportation Circulation Commissioner Wotherspoon recognized Councilmember Candell who advocated for improving safety around schools as one of the 2021 Council priorities, recognized the school’s leadership, City volunteers, and community members who came together to identify needs and solutions. She also recognized Transportation Circulation Commissioner Carl Di Giorgio who worked at Burton Valley with the principal, Commissioners Lynn Hiden and Vianney Serriere who focused on Stanley Middle School and Lafayette Elementary School with the principals, Gayle Taylor, former Commissioner who worked with Happy Valley School and the Principal and parent faculty club members. She recognized Commissioner Greg Brown and Jen Paul and herself who worked on Springhill Elementary and Acalanes Schools with their principals, and Superintendents Whitmore and Nickerson, the PTA’s, PFC’s, the Acalanes Parents Club, numerous parents and community members who attended forums and walkabouts, and Mike Moran and his staff for their planning and execution of all of this.
Mayor Dawson and Councilmembers recognized the overall celebration of the work done, the importance of improvements for the City, the funding, and for everyone involved.
Mayor Dawson opened the public comment period.
ROGER DEMING spoke about the rapid turnaround near Quant and Acalanes, and he thanked the Council for the safety improvements which have made a difference. Regarding the process of perceived dangers, he asked for a comment on what were the differences that guided what was ultimately chosen to go with over others. He also noted the traffic where speeds should be 25 mph but is considerably faster and he asked if there is any work moving forward for enforcement.
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Mr. Golier referred to actual versus perceived safety issues, he clarified that actual collisions had happened at locations. Perceived is more of a feeling of those not feeling safe with their children crossing streets. Regarding Pleasant Hill Road and the 25 mph speed limits within school zones, this effort was initiated this past summer. The State gives jurisdictions very prescriptive guidance of speed limits within 500 feet of a school. So, on Pleasant Hill Road, 25 mph is the minimum limit set for that road, and this is when children are present. The speed limit outside of this is 35 mph on this segment. The Police Department also has been enforcing speeds along Pleasant Hill Road.
10. CONSENT CALENDAR
Mayor Dawson asked if there were any requests for removal of any items, and no public requests or public comments.
A. Minutes – September 23, 2024
Recommendation: Approve.
B. Minor Subdivision MS502-23, 1030 Brown Avenue – Approval of Subdivision and Authorization to Record Parcel Map
Recommendation: Approve the subdivision and authorize staff to record the subject parcel map for MS502-23, 1030 Brown Avenue.
ACTION: It was M/S/C (Candell/Anduri) to adopt Consent Calendar Items A and B. Vote: 5-0 (Ayes: Dawson, Kwok, Anduri, Candell, and McCormick; Noes: None).
11. OLD BUSINESS – None.
12. STAFF REPORTS – None.
13. PUBLIC HEARINGS -None.
14. ITEMS REMOVED FROM CONSENT – None.
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 Anduri reported that the Lafayette Homeowners Council hosted the Candidates’ Night which was well-attended and thanked them for hosting it.
Councilmember Candell said as a person in the audience, she thanked fellow Councilmembers for their representation on Candidates’ Night. She reported on the Lamorinda School Bus Transportation Agency meeting and said they are in the process of RFPs which will be reviewed. Progress was made with the City of Lafayette and the School District in signing the MOU necessary for State funding to come back to school districts and into the JPA. Next year, the work will focus on getting an MOU signed with Orinda and Moraga, as well, so funding will do a great deal of good to offset increases of the RFP.
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Vice Mayor Kwok reported he was the guest speaker at the Lafayette Elementary School 4th and 5th graders’ assembly talking about civics and local government. The students had excellent questions and enthusiasm, including, “Who does the timing on the traffic signals and how they work?” How Smart signals work, bike paths, how old one must be to be a Councilmember which is 18 years old. The President and Vice President of the Study Body were present, and the President asked what it takes to be a great Mayor. At the end, a student said she was shy, but he told her she could overcome that to be a Councilmember. He encouraged all to think about a future in public service. They closed the session with students lining up for autographs, and he encouraged his Councilmembers to enjoy this privilege in the future, as he would not be able to. He indicated that Councilmembers welcome future opportunities.
Mayor Dawson presented the Proclamation for the County Supervisors, proclaiming October as Filipino Heritage Month. She attended their meeting and a high schooler from Danville worked diligently to have AG Bonta to attend who gave an historical account of Filipino Heritage Month.
Mayor Dawson opened the public comment period, and there were no speakers.
B. Mayor Dawson and Councilmember Anduri
Resolution 2024-37 Appointing members to the Planning Commission Recommendation: Discuss and direct.
Councilmember Anduri stated Mayor Dawson and Vice Chair Radonich interviewed three candidates recently and all three were exceptional. It was a hard choice, but they are recommending Carl Di Giorgio and Dan Emerson to be appointed to the Planning Commission. The third candidate was Roger Deming who has shown by his patience tonight he has what it takes to serve on a Commission, so they hope that he can find an appropriate Commission to serve.
Mayor Dawson commented that the Transportation and Circulation Commission is looking for a Commissioner and encouraged Mr. Deming to apply for that vacancy.
Mayor Dawson opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Anduri/Candell) to adopt Resolution 2024-37 appointing Carl Di Giorgio and Dan Emerson to the Planning Commission expiring June 30, 2026. Vote: 5-0 (Ayes: Dawson, Kwok, Anduri, Candell and McCormick; Noes: None).
16. WRITTEN COMMUNICATIONS – None.
17. ADJOURNMENT – 8:44 pm in memory of Ashley Dias.
APPROVED:
__________________________________
Gina M. Dawson, Mayor
ATTEST:
_________________________
Joanne Robbins, City Clerk