City Council, Crime Prevention Commission, and Emergency Page 1 of 20 November 12, 2024 Preparedness Commission Minutes
7 City of Lafayette
Minutes
Lafayette Library and Learning Center – Don Tatzin Community Hall November 12, 2024 3491 Mount Diablo Boulevard, Lafayette, California 7:00 p.m.
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City Council, Crime Prevention Commission, and Emergency Page 2 of 20 November 12, 2024 Preparedness Commission Minutes
Mayor Dawson called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
Present: City Council: Mayor Dawson; Vice Mayor Kwok; Councilmembers Anduri, Candell, and McCormick
Staff Present: Niroop Srivatsa, City Manager; Greg Wolff, Planning and Building Director; Arly Cassidy, Senior Planner; 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/Anduri) to adopt the agenda. Roll Call Vote: 5-0 (Ayes: Dawson, Kwok, Anduri, Candell and McCormick; Noes: None).
5. PLEDGE OF ALLEGIANCE: Led by Troop 219.
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)
DAVID CLARK thanked all candidates who ran for City Council, described the dramatic rip rap at Leigh Creekside Park which shores up the far bank, and he asked to make sure the Council obligates the $900,000 they received from the federal government for work on the West Reach.
LAUREN HERPICH introduced her son, Conner and invited the Council and all residents for Sunday’s third annual Community Sunrise Stroll which began in 2021 by the Chamber of Commerce as a way to bring together neighbors and residents during the season of Thanksgiving. Walkers should meet at the wooden pergola across from the guard gate at 8:00 a.m. and they will start walking at 8:15 a.m. counter-clockwise.
LIBBY HENRY, member of the DEIB, said she spoke with Janet Thomas from the DEIB and requested the City Council re-affirm the City status as a sanctuary City and described what happened during the first turbulent years in the White House. She also requested that Lafayette stands united against hate; that the Council directs staff or the police to conduct an investigation and find the origins of posts on NextDoor.com and other social media outlets of the nasty, false, and smear campaign against candidate Lauren Herpich, which should not be happening in Lafayette.
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8. CITY MANAGER’S UPDATE
City Manager Niroop Srivatsa gave the following update:
From the Public Works Department:
• The City is in winter season and their Public Works crew is cleaning grates and gutters. The Engineers are primarily in the office working on design and bid packages for the CIP of 2025.
From the Public Arts Committee:
• The Committee participated in the Library’s 15th Anniversary celebration and member Janice Peacock led a well-attended public art tour since the facility is just filled with wonderful pieces of art.
• On October 29th, the Public Art Committee held its second Poetry for the Ages event at the Town Hall in partnership with the Lamorinda Arts Council. It is a program developed in response to seniors’ request for more mid-day events. There was a great connection between older residents and their gen-Z poets.
From the Planning Department:
• An update was provided on the three large long-range tasks that are coming to the City Council: 1) the Tree Ordinance update; 2) the ADU update; and 3) the Housing Element update. All are scheduled to come to the Council either this month, the next, and in January.
• Staff has received 45 ADU applications to date as compared to 30 last year, 14 SB 9 applications, as compared with 18 last year, and 52 tree permit applications as compared with 41 last year.
Mayor Dawson opened the public comment period, and there were no speakers.
9. PRESENTATIONS
A. Niroop Srivatsa, City Manager
Introduction of Stefanie Cervantes, Senior Planner
Recommendation: Receive and file.
City Manager Niroop Srivatsa introduced Stefanie Cervantes, the City’s new Senior Planner, who is from Southern California where she earned her Master’s degree and began her career in planning. She worked for 5 years in the City of Oceanside. After moving to the Bay Area, she was a Senior Planner and, more recently, Acting Deputy Director in Pacifica. He experience with current planning projects and advanced planning initiatives will help serve this community well. When not at work, Stefanie loves spending time outdoors with her two dogs, mostly camping or hiking, competing in triathlons, and working on puzzles.
Senior Planner Stefanie Cervantes thanked staff and the Council for their warm welcome.
Mayor Dawson and Councilmembers welcomed Ms. Cervantes to the City of Lafayette, and a round of applause followed.
Crime Prevention Commissioners Reilly, Brown and Peterson B. Crime Prevention Commission
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Annual Update
Recommendation: Receive and file.
Traci Reilly, Chair, first thanked all Veterans who have served the country, stating many of them are with the Police Department. She said the Commission has been active and here are Denise Brown, Judie Peterson, and not able to be here are Larry Bellusa, Cameron Burks, and Daniel Horowitz.
The following events were held to date: The Art and Wine Festival, the Public Safety Fair with law enforcement agencies, National Night Out, two Citizens Academies, and they have had no requests for Neighborhood Watch.
In 2009, the City passed the solicitor’s ordinance in town which has been very effective; however, they have noticed an uptick and distributed pamphlets and “No Solicitation” signs at the Art and Wine Festival. due to residents being inundated with door-to-door sales people who created criminal problems from it.
She then explained the process of solicitors needing to be permitted through the Police Department, requirements for lanyards, no solicitation for residents with “no solicitation” signs, and noted there is currently one active permit. Therefore, because of the uptick, the Commission plans to put more effort around this ordinance through communication tools and social media.
Denise Brown reported on the most recently completed Citizens Police Academy which was a wonderful group of people, hold the class twice a year in the Spring and Fall, and she recognized Chief Alldritt and his amazing staff. She then provided an overview of the class learnings such as traffic, investigations, fingerprint dusting, a visit to the Coroner’s Office, 911 dispatch, a tour of the jail, and a Saturday class where they go to the firing range. They look forward to the Spring class and this is a jewel of what the Crime Prevention Commission and Police Department provides.
Chair Reilly concluded the presentation and said they are always open to other topics such as last year’s Fentanyl issue, Town Halls on cyber-crime, and said if people want to attend their meetings and discuss topics, they ae open.
Councilmember Candell asked the City Manager if the Council needs to take any action in order to help the Commission with the “No Solicitation” ordinance. Ms. Srivatsa said no; staff can work with the Commission and with Suzanne Iarla to publicize it and confirmed it could be advertised in the Weekly Round Up and use of other communication tools.
Councilmember McCormick thanked the Commission for their update and said he is one of the liaisons and recognized the Police Department and Commission’s work as well as residents who are knowledgeable and can get things done. He asked and confirmed that the Commission’s plan is to continue with their standard programming, and additional communications and events as they come up.
Vice Mayor Kwok thanked the Commission and verified they are planning on reaching out more to neighborhoods, given new residents have moved into the City, as well as those who have not requested Neighborhood Watch and want to meet their neighbors.
Councilmember Anduri thanked Chair Reilly and Commissioners, recognized the reduction in crime over the years, and he thinks people need to be reminded of Neighborhood Watch and other programs.
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Mayor Dawson thanked Commissioners for being responsive and proactive, and for the continued work.
Mayor Dawson opened the public comment period, and there were no speakers.
City Manager Srivatsa added to her City Manager Update, stating Chief Ben Alldritt will be leaving the City of Lafayette at the end of the year and he will be missed. Staff are conducting interviews next week and she hopes to make a decision by the end of the month.
Emergency Preparedness Commissioners Seibert, Bontemps, Hoover and Melewicz C. Emergency Preparedness Commission
Annual Update
Recommendation: Receive and file.
Chair Seibert gave the update, stating the Commission has been moderately busy this year. Their primary focus has been on Firewise neighborhoods but they tackled other items, as well. He introduced Commissioners Hoover, Melewicz, and Bontemps who are present, and noted Commissioners Figone, Heckle and Pigeon were absent.
They have lots of activity in the Firewise arena, stating the Commission created a plan and submitted it to the Council a few months ago on points of distribution, which is primarily for the distribution of water following an earthquake. This is something that FEMA wants all communities to do and most have not done it yet. The City is now prepared to hand out water to the many residents in the City in the event of a 7.0 earthquake. EBMUD predicts their water distribution lines and mains will break, and they hope to have firefighter quality water that is non-potable to most residents within 30 days.
Acting as the Lafayette’s Citizens’ Core Council, the Commission receive reports from Lamorinda CERT from the Steering Committee. The Committee was originally designed to have input from all three Lamorinda jurisdictions. Unfortunately, Lafayette is the only city with an active Citizen Core Council now. The Steering Committee reports directly to the Emergency Preparedness Commission acting as the Citizen Core Council.
The Commission participated in the Lafayette Safety Fair on June 22nd and staffed an information booth with the Crime Prevention Commission and, Lamorinda CERT provided fire extinguisher training. They trained small children and families with putting fires out which provides emergency preparedness. At the Lafayette Art and Wine Festival, they co-staffed an information booth with the Crime Prevention Commission and provided brochures and other handouts that raised awareness of hazards, especially wildfire and earthquakes. Materials describe procedures for the four phases of emergency management--mitigation preparedness, response, and recovery. The CERT Team provided parking and traffic control and also had a role in the radio dispatch operation for the festival, conveying requests for supplies, materials, and emergency response.
During the Great Shake-Out on October 17th, the Commission worked with John Cornell and used it as a training event in Lafayette. There was mention by the Crime Prevention Commission that other people had been looking at their “no solicitor” policy, and the Emergency Preparedness Commission developed the Lamorinda Resident’s Guide for Wildfire Evacuation and thus far, they have had requests for the source materials to make that guide from Connecticut, Massachusetts, Michigan, Georgia, Colorado, and Idaho.
They love what they have done here, and it is now being updated for other areas and published.
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Regarding their goals for next year, they are waiting for the Council in early 2025 to set their goals and the Commission will align theirs with the Council goals focusing primarily on educating the public on safety and being prepared for potential disasters. They review the Lafayette Emergency Operations Plan and update it as necessary. Some of the emergency support functions need to be updated, some have never been completed because of personnel changes and waiting for law enforcement to complete work, but this continues and they hope to complete it next year. They continue to expand their collaboration with senior services and getting seniors prepared for emergencies, as well as other training throughout the City.
Commissioner Bontemps said Firewise is a national non-profit organization that provides a framework for educating and engaging communities and being prepared for wildfires. Lafayette has one of the highest proportions of very high fire risk neighborhoods in the County and Firewise is a critical tool for the Commission to engage their community and residents in reducing fire risk. Recognizing that wildfire preparedness is a goal and priority of the City Council, it is also a priority for the Emergency Preparedness Commission.
Their specific goal around Firewise is to expand it to have full coverage in all very high fire risk neighborhoods. Lafayette saw its first Firewise neighborhoods only 3 or 4 years ago in 2021 and they currently have 25 fully enabled Firewise neighborhoods which is remarkable. They have 4 additional neighborhoods in the approval process. These are concentrated north of Hwy 24. About 2/3 of them are either in Happy Valley or spanning over to the area just north of BART.
Some of the steps the Commission has taken this year around Firewise include creating a link on the Emergency Preparedness Commission website to direct interested parties in the City to come to the Commission directly for help. They collaborated with Con Fire to create a flyer that meets their requirements, as well as information about Firewise. They launched this at the Art and Wine Festival which resulted in over 12 expressions of interest in creating new neighborhoods. They also have collaborated with Con Fire to create a presentation about Firewise. They launched that last month at the Lafayette Garden Club October meeting and were advised by the Fire Chief of the plants that would require removal.
Some of the things on the horizon in the future include creating a Quick Start Guide so any neighborhood that wants to become a Firewise neighborhood can easily apply and join. They also are nearly complete on having a list of contact information for all Firewise neighborhood leaders in Lafayette. The Commission also plans to create Firewise neighborhood maps they can post on the City’s website and this will help identify gaps of homes not covered. It is also a tool for new residents.
As far as what the City Council can do to help the Commission, the Council can advocate for Firewise in their own neighborhoods. At least two Councilmembers live in Firewise neighborhoods already. The Council can let the Commission know of any community groups who would be interested in a presentation about Firewise by directing them to her.
Importantly, they need the Council to advocate with Con Fire to ensure the Commission has the resources they need to be prepared for wildfires in Lafayette. One of the things taking place right now is Con Fire is doing a door-knocking campaign this fall to alert homeowners in the very high fire risk neighborhoods of Lafayette to what the Zone Zero defensible zone means. If homeowners are not home, they leave a door hanger with information. If home, they will offer to look at the front of the house and provide ideas or offer to schedule a full review of the property.
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Therefore, this year’s focus is on education, what the defensible zone mean, what things should homeowners be doing with their home to prepare in anticipation of something that likely will be required next year. Another thing to consider advocating for is a volunteer ambassador program which currently exists in Moraga-Orinda Fire District where community members can be trained to do some of this education work. With limited resources, they have an enormous footprint. With the new fire maps, the demands will be higher, so this will benefit the City by having on-the-ground resources here.
Lastly, the Commission asked to support Lafayette Emergency Preparedness staffing. They have a small but mighty crew in the Police Department of emergency planning staffing. With the passage of Measure H, the funding for this is secure but critical given risks they are facing.
Chair Seibert added that the presentation by Con Fire was presented again last night to Lamorinda CERT and the recording of it and materials can be found on the Lamorinda CERT website at www.lamorindacert.org under meetings and at the top of the list is the 2024 meeting and the slideshow can be accessed, as well as materials.
Councilmember Candell thanked the Commission for taking the initiative to do things with Firewise and taking the lead on this. She asked the Commission to let the Council and staff know what they need any time.
Councilmember McCormick recognized the Commission as very active and important and is interested in how Zone Zero might affect the City in best practices.
Chair Seibert said they expect the State to formalize the new Fire Code in January or February which will include the Zone Zero, which he described as not having any plants, mulch, or any hardscape that can burn 5 feet from the house, including fences and wooden gates, and insurance companies will also require this.
Mayor Dawson said this came up with one of Con Fire’s updates and recognized it is serious but necessary.
This also plays into the insurance industry, and creating a map of Firewise communities will be very helpful.
She referred to the Commission’s “Review and modify the emergency support functions” and EBMUD’s comments that if they get a 7.0 earthquake their transmission lines will break. She would also be worried about the City’s gas pipelines as well.
Chair Seibert said gas pipelines are not in as much peril as the water system. Some of them are very old, but they have done many seismic inspections and retrofits on them. The estimate for the water pipeline is that they will have approximately 50,000 breaks and there is not enough pipe on the ground in the U.S. to fix everything that will break, and it would take 6 months to manufacture enough pipe to fix everything. Also, PG&E has automatic shut-off’s so the gas will shut off if they detect any leak in any mains anywhere.
Vice Mayor Kwok said he has enjoyed the many Emergency Preparedness Commission meetings. They have created a lot of momentum, is proud of how far along they have come and organizing the City to continue going further.
Mayor Dawson and Councilmembers thanked the Commission for their report and update.
Mayor Dawson opened the public comment period.
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DAVID CLARK referred to Con Fire knocking on doors and if people want an assessment they will return and do the assessment. He asked if there is a charge for the assessment, and Chair Seiberg confirmed there is no charge and it is also not a punitive assessment. They will not force homeowners to do anything.
Commissioner Bontemps added that Con Fire is also conducting these visits in Pittsburg, Martinez, and Lafayette and has 4 inspectors doing this, which she described, and there is no charge or requirement to do anything.
Mayor Dawson asked and confirmed that the Commission has not reviewed the Tree Protection ordinance update, and she suggested they review this, given defensible space needs.
JEFF KOWALSKI expressed his thanks to the Commission for their very important work. He wanted to recognize and bring attention Jenny Lancaster, who worked tirelessly to organize 20 Firewise zones north of Hwy 24 over just this past year. As a neighbor, he and all neighbors are all grateful for her efforts.
Commissioner Bontemps echoed thanks and said her documentation of the Firewise process is very customized for Happy Valley and this is the basis the Commission is using for the Quick Start Guide for the City.
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 – October 28, 2024
Recommendation: Approve.
B. Carol Lane Residential Parking Permit Program
Recommendation: Continue without consideration to November 25, 2024.
C. Resolution 2024-38 Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974
Recommendation: Adopt Resolution 2024-38.
D. 2024 Surface Seal Project, Final Acceptance of Construction Contract, No. 014-9740 Recommendation: 1) Use part of the $21,951 surplus from the 2024 Road Paving budget (No. 014-9741) to cover the $2,699.96 cost overruns associated with the 2024 Surface Seal Project. 2) Accept the 2024 Surface Seal Project, No. 014-9740, as compete and authorize staff to file a Notice of Completion.
E. Confirm Application to Metropolitan Transportation Commission Transit-Oriented Communities Planning and Implementation Grants
Recommendation: Confirm application to Metropolitan Transportation Commission TransitOriented Communities Planning and Implementation Grants to support Housing Element Implementation.
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F. Lafayette Little League Buckeye Fields Lease Extension Recommendation: Approve the First Amendment to the Buckeye Fields Lease Agreement between the City and Lafayette Little League, extending the lease for an additional one-year term, ending on August 16, 2025 and authorize the City Manager to execute the First Amendment to the Lease Amendment.
ACTION: It was M/S/C (Anduri/Candell) to adopt Consent Calendar Items A, B, C, D, E and F. Roll Call Vote:
(Ayes: Dawson, Kwok, Anduri, Candell and McCormick; Noes: None).
11. OLD BUSINESS – None.
12. STAFF REPORTS – None.
13. PUBLIC HEARINGS
A. Arly Cassidy, Senior Planner
MCR01-24 Tree Ordinance Update – City-initiated amendment of the City of Lafayette’s Tree Protection Ordinance (Chapter 6-17 of the Lafayette Municipal Code) to address issues identified by the City Council and Planning Commission, City staff, tree permit applicants, stakeholders, and the public. CEQA Determination: The proposed changes in the draft Tree Protection Ordinance implement the Safety Element, which was previously analyzed pursuant to the Addendum to the Housing Element Certified Environmental Impact Report (SCH #2021080038) and adopted on August 28, 2023.
Recommendation: Introduce Ordinance 694, waive the first reading, and continue the matter to November 25, 2024, for second reading and adoption (MCR01-24).
Senior Planner Arly Cassidy gave the staff report, PowerPoint presentation, and update of the Tree Protection Ordinance (TPO), a City-initiated amendment of the City of Lafayette’s Tree Protection Ordinance (Chapter 6-17 of the Lafayette Municipal Code) to address issues identified by the City Council and Planning Commission, City staff, tree permit applicants, stakeholders, and the public.
Councilmember Candell referred to a bullet that talks about planting and logging of the decision for removal, she asked if this creates a new log. Ms. Cassidy stated the City does not currently log and none exists now. She believes that the idea was to understand what the situation was and track what was going on.
Councilmember McCormick referred to privately maintained trees. He asked if the City requires a permit but won’t charge application fees versus the second one where it states the City will not require a permit, period. Ms. Cassidy said yes, this is the difference.
Councilmember McCormick said even if they are asking a homeowner to remove the tree, he asked if the City will still require them to apply for a permit. Ms. Cassidy said this is what staff heard from Council and PC, but this is something the Council can consider, but that is the difference here.
Ms. Cassidy continued the presentation and described the TPO’s replacement trees, ratio requirements, and minimum sizes, and alternatives.
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Councilmember McCormick said he understands the one-to-one replacement is all about simplification.
He asked about the simplification or confusion of having to figure out canopy cover. He tried to use the tool himself and could not figure it out. He asked if staff expects a resident to be able to use the tool to figure out canopy cover, or he asked how this would happen. Ms. Cassidy said staff would use the tool to make the final determination. Residents could make an early determination to understand where they were at, but it would be staff using the tool to provide more consistency. They would explain to the homeowner to ensure it was fully understood.
Councilmember McCormick said there is no way the homeowner would know what was going to happen ahead of time to figure out if they would pay in-lieu fees or trees if they follow this model. Ms. Cassidy confirmed. They would likely have a good guess if their property is half covered that they did not qualify, but for 91% or 89%, it would be difficult.
Councilmember McCormick said he thinks 75% to 90% seems sort of judgmental, especially if someone has a house with many trees, but he understands they would have staff finalize adjudication on this.
Councilmember Candell said the percentages seem very high. She asked if staff is subtracting out where the structure is.
Ms. Cassidy said staff does not have any current proposal to modify the numbers based upon the property site plan. This is something that could be added, but it would be a more difficult calculation. They would have a square footage number of impervious surface and there would also be a reward for people who paved more because they would not have to plant trees as often because they would reach critical mass tree coverage on the non-paved area more quickly.
Councilmember Candell said she was not concerned about the driveways, but more the structure of the house.
Councilmember McCormick referred to fire safety and the new regulations are all about reducing canopies over structures and having 10 feet beyond the structure as well. Wanting more trees and fire safety seem to be in direct conflict to each other. Ms. Cassidy said these were two of the alternatives staff heard. In the Draft TPO there is the inclusion that they can pay the fees instead of planting if planting trees would not comply with defensible space.
Ms. Cassidy then continued her presentation at Number 6; Replacement Tree Species. She called out that a Councilmember pointed out that the table in the staff report was not updated. The table in the ordinance itself was updated and is reflected on the slide. The change is that staff made a cleaner doubling from the first violation to the second violation which is what would continue onward if additional violations took place. There were previously slightly different numbers in the right column under “SecondViolation.” She then continued and described the proposal to create fines for illegal tree removal and ratios.
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Councilmember McCormick referred to the “Failure to plant replacement trees” and asked if there is a mechanism for how much time one would have to do this, and he asked if this is a code enforcement item that must be reported by someone. Ms. Cassidy said, typically, yes. When a tree permit is approved, one is given a planting window. Category 1 is a stand-alone tree permit where 60 days is given and one is asked to send photos proving they have been planted. With development permits, one is not given the same kind of time window. Tree planting proceeds with the development schedule and they would be inspected at final inspection to ensure the trees are planted.
Councilmember McCormick said if no photos are provided, he asked if staff would go out and inspect. Ms.
Cassidy said staff can do that. They often get calls from neighbors reminding staff the trees are not planted or have been removed or are dead, etc.
Councilmember Anduri said if an owner sells and moves to another property and starts cutting down protected trees, he asked if they are back to the first item, and he asked why. Ms. Cassidy said yes; and staff felt it would be quite difficult for staff to track ownership across properties. It would involve creating a table, tracking actual owners or LLCs, etc., and there are ways but it would involve a lot more staff time.
Ms. Cassidy then continued the presentation at Item 12; Additional Issues, which she described as small formatting and other changes that were not discussed as topics at the August meeting. She noted that one new public comment was received in time to include in the report and is attached to the staff report from Mr. Kowalski, and comments have been addressed by staff. Since publication of the report, staff received three new comments which were emailed to the Council and attached to the agenda as a separate link, and she then described environmental review.
Staff’s recommendation is that the Council introduce Ordinance 694, waive the first reading, and continue the matter to November 25, 2024, for second reading and adoption. Alternately, if further review is requested, the TPO would return at that meeting for an introduction with changes.
Mayor Dawson opened the public hearing and she asked for public comment.
DAVID CLARK said he was not sure what the pagination is, but he referred to PDF page 37 or the very last section of the amendments there is a non-liability section for the City. There is a lot included in that section, which states the City is not liable. But, the next four lines talk about the responsibility of the property owner. The heading of that is “Non-Liability of the City” and it does not reference anything about the responsibility of the property owner. Therefore, he asked to “unpack” the two concepts in the last section and present one that says, this is a non-liability to the City, and the other that spells out, “But, the property owner is still required to….” and include the list of things there.
Councilmember Anduri asked and confirmed Mr. Clark was referring to the code section as 6-1711 and the four lines.
Mr. Clark also referred to the section at the beginning that lays out the responsibilities of the property owner. This section does not line up with the same listing of things that are in 1711. Therefore, he suggested unpacking 1711 because the two concepts are fairly disparate that are combined and then make sure the portion that relates to the property owner’s responsibility lines up with what is already in the second or third section of the act itself.
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From a formatting point of view, on page 2a-4 which is the document page, the spacing is different for Items 10-17 than it was for Items 1-9. He guessed that when going to two digits with the 10 in parenthesis, it moves everything over by one tab. Lastly, starting on page 2a-6 and 8 there is another list where they are using capital A’s, B’s and C’s to designate a category and later it changes to Roman numerals. He would make these the same in both places.
JEFF KOWALSKIsaid he has submitted written comments. First, he gave kudos to Ms. Cassidy and Heather Coleman for their comprehensive modernization of the ordinance which is long overdue. Their resulting draft TPO is excellent. The alignment of replacement trees to the recommended species list would be a major improvement, consistent with Lafayette’s goals and increase their bio-diversity without any detriment. He strongly urged the Council adopt that change in this process.
Secondly, he wanted to bring attention to the fact that the best time to plant native trees is right now coincident with their rainy season. Trees benefit from three seasons to get established. So, planted now, a native tree will root through the fall, winter, and spring. Those will fare far better than ones planted even a few months from now, and those will be subjected early in their development to the City’s dry summer heat, and not fare as well. Therefore, he encouraged the Council to hasten the adoption of the amendments for the maximum benefit of their community.
Vice Mayor Kwok asked Mr. Kowalski to summarize his first recommendation again.
Mr. Kowalski said he explained it in the written comments, but as he understands and Ms. Cassidy has clarified for him, the current ordinance requires like for like replacement. For example, if an oak tree is failing on a property and is removed, it must be replaced with an oak tree. This does not stand to reason and violates an arborist’s first principle which is the right tree in the right place. So, what is wonderful about the new ordinance is the recommended species list which goes beyond just the trees we see commonly planted here, and provides an appropriate list of species.
The recommendation is that we enable the replacement from that recommended tree list, which has been pre-vetted to work in Lafayette. So, rather than planting an oak tree where an oak has failed, they would have another menu or broader palette of trees to choose from that would succeed in that spot. It is a very wise alternative.
Councilmember Anduri said the way the recommended draft TPO reads on page 2a-14, 6-1708(c)(1)states “If the removed or destroyed trees is of a native species, as defined, the replacement tree shall also be of a native species. If the removed or destroyed tree is of a native riparian species, as defined, the replacement tree shall also be of a native riparian species.” If he understands this, Mr. Kowalski is advocating for removal of the first sentence and then in (c)(2), they would delete “native species or” so that a native species could be replaced by any tree on the recommended list. A native riparian species would need to be replaced by a native riparian species not necessarily the same one but any other native riparian species.
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Mr. Kowalski said he believes Councilmember Anduri’s comments are accurate. One thing he wanted to point out is that every tree on the recommended species list is a native tree. It is just not native to Lafayette, but to California. There are trees on the recommended species list that come from areas that represent the climate to which Lafayette is tending. They are already present in California. They are just not present here in Lafayette in quantity, so choosing from that recommended list will do two very important things—it will increase the bio-diversity in Lafayette and also prepare the City for the future climate yet to come.
Councilmember Anduri asked why the White Oak is not included in the recommended species list. Mr.
Kowalski said he did not know why that tree was omitted. In his written comments, he urged the Council to swiftly approve this TPO because it is so important but also continue the work. As it turns out, there are a wide variety of trees already native across California or even available outside of California but in the climate that Lafayette is tending towards they could select from. They are called “climate ready trees” and have been studied for decades at UC Davis. Their recommended tree list could be expanded to include those beautiful, noteworthy, firesafe trees and they would be leaders. As heard earlier in discussion of Firewise, the City has states asking for their plans on emergency preparedness, the same could be true for Lafayette as a leader community in arboriculture.
Mayor Dawson closed the public hearing and suggested taking a break.
BREAK
Mayor Dawson called for a break at 8:58 p.m., and thereafter, reconvened the regular meeting at 9:05 p.m.
Mayor Dawson asked the Council if there were comments and discussion on amendments to the TPO, and Councilmembers suggested going through the staff report and each issue. • Councilmember Anduri referred to Number 1; Protected Trees Size and Species Criteria, and agreed with the proposed amendments and is fine with those and not the alternatives.
ACTION: Councilmembers all agreed.
• Councilmember Anduri referred to Protected Trees-Trees on Development Plan, and said he is fine with the staff recommendation there.
ACTION: All Councilmembers agreed.
• Regarding Street Trees, Councilmember McCormick said he would like to consider the alternative for privately maintained street trees where, instead of saying, “The City is mandating you take down a tree, you have to do an application and the City will waive the permit fee” he wondered if the City should just give the homeowner a letter and not make them go through the hoops of completing an application just to waive the fee, and asked for more simplification. He confirmed he is recommending Alternative No. 3 to augment the third bullet on the left. Most Councilmembers agreed.
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Vice Mayor Kwok said this was the one that gave him pause(street trees as opposed to downtown trees). There is Mt. Diablo and the trees in the median but also street trees in every neighborhood where a tree might be in the right-of-way but it seems to be in his front or back yard, but it is not his tree but the City’s tree but he must maintain it. He actually thinks these trees are the most unmanaged trees in the City because it is so unclear as to who is supposed to take care of them.
They often happen to appear under power lines because that is where the public right-of-way is and described other areas where a person has a fence around their backyard and trees are still 15 feet to the road with a lot of messy vegetation growing there. For wildfire evacuation and the requirement to be 3 feet away and 10 feet high, there are many unmanaged areas like this.
He would like to see the tree ordinance be simple enough so if the resident wanted to remove them. They would not have to go through a lot of expense and work to get permits, etc. He did not comment on the definition of protected trees and thinks if they have this excluded list of trees which are unfavorable for the City, the City should just make it easier on residents to not get a permit if, for example, it is a eucalyptus.
Discussion ensued regarding street trees on the excluded list and protected, which Ms. Cassidy clarified that excluded species would trump all other protections except for 4a which is when they discussed previous development plans and wanting screening. Discussion continued regarding Exhibit A on page 2a-8, (a), (b) and (c), and Ms. Cassidy said she thinks the suggestion of simply removing the discussion of “excluded species” under “permit required” but leaving its discussion under “Exceptions to permits” would clarify the order or priority in which these things are considered. She confirmed with Vice Mayor Kwok that clause (c) at the bottom of Page 2a-8 would be fully struck.
Vice Mayor Kwok then questioned what would the public think if a protected species was not on a certain list, and Ms. Cassidy said staff would look at the initial list 1704; Permit Required, and determine if it falls under any of these categories. Typically, for “For Approved Development Application” this is when they have to call staff and asked if someone previously got a development permit, and staff would look this up and see what the record says. • Vice Mayor Kwok referred to street trees in a public right-of-way or easement and voiced his desire to make it easier for people to understand without contacting staff as to whether they could just articulate their values and said he would not quite be ready to vote in favor of the ordinance and would like to have it more streamlined and easier for residents to understand the process in whether or not to remove a tree or get a permit.
Discussion ensued regarding protected species, whether certain trees fell in the “muddy middle,” not getting the City involved, trees in the public rights-of-way and easements, the way the definition reads which some agreed creates a clear path for an application and staff interaction, judgments based on the City’s values and what criteria to use, values of liking trees, wanting trees, trees being a fire danger, taking water, and the Fire Department and insurance companies telling them to take down trees and not plant trees, the fact the City can re-address some things in the ordinance at a later date, and the decision tree presented by Vice Mayor Kwok and a similar flow chart on the City of Orinda’s website as to whether a tree permit is needed or not.
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ACTION: Ms. Cassidy clarified there was Council support where, under Topic 3 for privately maintained trees, if the City is mandating work, no permit is required. For street trees, in order to clarify the excluded species issue, section (c) under “permit required” would be struck and they would simply rely on section (a)(1) which exempts excluded species from permits other than at 1704(b)(4)(A) under developed applications.
• Mayor Dawson moved onto the next area under Number 4, and Councilmember Anduri voiced his support for the alternative. Councilmember McCormick said he appreciates the one-to-one ratio which seems simple, but as soon as exceptions are involved, it goes back to their current situation. Mayor Dawson said she likes the alternative, but said while complicated, it is important to recognize where exceptions or an in-lieu fee may be needed.
Ms. Cassidy said this is the same topic the Planning Commission requested consideration of, so their suggestion was to keep the one-to-one up to 30” and at 30” raise the ratio to either 2 or 3 replacement trees. This would keep the simplicity but acknowledge a large tree deserves more replacement. She noted Bob McClain had suggested 24” but 30” was also discussed and this was recommended, but that number can also change.
Councilmember discussion ensued regarding 30” versus 24” and not requiring an in-lieu fee if replacement was at 2 or 3 trees.
ACTION: Councilmember Anduri suggested that 24” would require 2 replacement trees and 30” would require 3 trees. Councilmembers agreed this is a good compromise, and Ms. Cassidy stated she would make this amendment.
• Councilmember Anduri referred to Alternatives and the second bullet in the staff report and to have an arborist decide. The arborist report refers to the final bullet under proposed amendments. He took that bullet to modify the final bullet about replanting and in-lieu requirements IF the only location and plan is in Zone Zero. So, if the arborist does not look at it, he asked who makes the call.
Ms. Cassidy stated in this case, it would be staff judgment. There is Zone Zero which is a clean, 5- foot measurement and there is the remainder of the property such as canopy cover which staff calculated the same way as the percentages above which is using the I-Tree Canopy calculation.
Discussion ensued regarding when there is 90% coverage and the only area to plant is in Zone Zero and who reviews and determines this--staff versus the arborist report, and Ms. Cassidy confirmed there would be no in-lieu fees or planting required if there is no room except in Zone Zero. If the arborist report indicates there is no room for a tree to grow in a healthy manner, this is when the first category would be used allowing in-lieu fees instead of replanting. • Councilmember McCormick questioned why in-lieu fees be required if a tree cannot thrive, which results in owners being penalized for thinning trees. Mayor Dawson said the in-lieu fees would then go into the fund where trees can be planted to benefit the community.
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Ms. Cassidy said she is hearing the following support: Under the first main bullet, “The arborist report recommends that additional trees” and “ …would not comply with defensible space requirements…” Take these and move them under “Remove fees and replanting if….” Vice Mayor Kwok said if they create a fund and the report indicates the fund would need to stay within Lafayette’s property, he asked where these locations would be.
Ms. Cassidy said there is a healthy fund the City has used a few times for projects from Public Works to plant trees. City Manager Srivatsa added that the fund has helped the City save money on CIP projects where there are median improvements or the roundabout for trees, vegetation, soil preparation, and irrigation which is a substantial amount not added to the CIP budget.
Councilmember Anduri referred to the West Reach project and they have $900,000 which will not cover what was in the original Downtown Creeks Master Plan, so these monies could be used for additional planting in that area, as well.
Councilmember Candell recited, “The Director would determine if it has resulted in closer tree spacing than defensible space standards,” so this is decided by the Director. This would apply all the way up to the 100 feet. She asked if this is the right person to be deciding that. Mayor Dawson suggested then being clear on what the defensible space level is because defensible space zones are measured 0-5, 5-30, 30-100 feet.
Councilmember McCormick referred to the third bullet from the bottom where it states, “If additional trees would not comply with defensible space…” and asked if the concern is vague or can they specify it. Councilmember Candell asked if the City would make them plant even though they knew it was in violation of defensible space guidelines? Mayor Dawson said the City would require they provide in-lieu fees.
Ms. Cassidy said she believes there are clear guidelines and specific recommendations as to how many feet there should be between clumps of trees. “Clump of tree” is not defined in the current ordinance now, so she recommended modifying staff’s recommendation. There are additional steps further down the road for fire, vegetation management, and trees. She thinks this might need to be in a later generation ordinance. She agrees it does not feel comfortable for planning staff and the Director to be legislating what defensible space is for individual property owners when it is just something rolling out to Lafayette.
As they heard from emergency preparedness, this is something likely to be much more clearly defined and enforced soon, in which case it will be easier to borrow explicit language from the Fire Code or elsewhere being applied to residents. It makes sense to let Fire lead on defining defensible space. Zone Zero stands out in that it is very crisp. It is only 5 feet and staff is saying nothing should go there. This is easy to interpret, but the other zones do feel morevague and harder for staff to make interpretations and one could question whether this is within staff’s responsibility.
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ACTION: Councilmembers agreed to only include: “If the arborist states additional trees will not foster healthy growth, the only place to plant is in Zone Zero;” and “No room to plant except in Zone Zero.” These would both be under “Remove fees and replantings.” Staff will remove all points referencing canopy percentages.
ACTION: Councilmember Anduri said he had a suggestion of the ordinance itself under 2a-14, Section 6-1708 (c)(1) and (2). The idea here is what Mr. Kowalski recommended which requiring replacing native species. What they want to do is say that to replace a tree removed from the good list of trees. In order to accomplish that, under (c), the first sentence would be deleted which says “If removed or destroyed trees of native species, the replacement tree shall also be a native species.” It then says, “If the removed or destroyed tree is of a native riparian species the replacement tree shall also be a native riparian species.” They would still want this included. In Number 2, “If a removed or destroyed tree is not of a (delete--native species or), the replacement tree shall be of a recommended species as defined.” So, any of the recommended trees can be used. Councilmembers agreed.
ACTION: Councilmember Anduri referred to the Recommended Tree List in Number 6, there is no explanation of why the oak trees on the native oak tree list did not all get put on the recommended list. The only one that did not make the cut was the White Oak. He would like to add the White Oak. If it turns out the White Oak has something wrong with it, they can take it out later. He noted the White Oak on his property is doing great. Councilmembers agreed.
Councilmembers indicated they have no comments on Number 7 or 8. • Councilmember McCormick referred to Number 9, stating it states “dead or dying trees” but everything then is all about the dead trees. He likes number 2 on the alternative, especially if an arborist is classifying a tree that is dying and in very poor condition, they should encourage that to be taken care of. Waiting for it to die and fall on something is not right and it should be removed. Councilmember Candell agreed but did not agree with the other alternatives.
Vice Mayor Kwok asked if the City knows what an arborist costs to conduct this analysis. Ms.
Cassidy said she personally have never hired one and staff usually do not see the receipts. A commenter that wrote in earlier mentioned the minimum is typically $1500.
Discussion ensued regarding the cost of an arborist report, and Planning Director Wolff noted that in his experience, it is $250 to $400, and he is hearing this from applicants. Councilmembers asked and confirmed with Ms. Cassidy that the City’s tree permit has a one-page form to fill out and there are no further submittal requirements beyond the arborist report. So, staff would just need to keep some sort of documentation that it was applied for and approved.
Ms. Cassidy added that on page 2a-9 under 1705; Exceptions to Permit Requirements, (b); Permit Exception with Documentation states, “In the following circumstances, trees may be removed without a permit if documentation is submitted to and verified by the Director as described below.
No replacement trees are required: 1) dead trees,” and she described the verbiage and said this could be expanded to include “dying trees per the arborist report.” Councilmembers thought applicants should submit the application with the arborist report as well.
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ACTION: There was Council consensus after Ms. Cassidy suggested: “dead and dying trees” could be moved under (c); Permit with Waived Fee.” To move the second bullet point on the right to the left and incorporate it under (c). They would leave the Fire District notices under (b). • Mayor Dawson said she had previously asked a question under D; Determination by the Director.
She had asked to reconsider number 5 under which states; “…when the City must remove a protected tree to protect the health, safety, and general welfare of the community.” In comparison to the other points which are specific conditions and more objective than this, this is so broad and suggested this could be struck without changing the nature of other determinations.
Ms. Cassidy clarified that Number 5 on the slide is the exception Mayor Dawson is referring to.
The sentence above is the lead in to explain the phrasing and 5 is how it is written in the current TPO and in the draft TPO.
ACTION: Councilmember Anduri supported removing 5 under 2a-10, and after consideration and discussion, Councilmembers agreed with removing it and that under “dead”, dying would be included with “dead” but both would be moved down to a permit that is required with an arborist report and no fee.
• Regarding Number 11; Fees for Penalty, Councilmember McCormick said the City had no penalty schedule and just a permit fee, so this is a significant jump. Ms. Cassidy said what the City had before was a higher replacement ratio for penalties. The suggestion here is to use the normal replacement ratio but a financial penalty because it had been a much higher replacement ratio with no penalty.
Councilmember Anduri said he likes this approach but wished they had some other penalty besides the money and referred to this not really affecting a developer. If a developer did that, he asked and confirmed that they would have to replant many trees and there is no financial penalty.
Discussion ensued about the section affecting a developer versus a homeowner, alternatives, the number of replacement trees requiring to be planted for a large tree, and Ms. Cassidy said the ordinance states each 6” or its fraction will be replaced with 4, 24” box trees which is approximately $10,000. Councilmembers agreed that no changes should be made. • Regarding Number 12; additional issues of formatting, changing to the purpose statement, method for measuring multiple trunks, etc., Councilmembers voiced support for all of them.
Vice Mayor Kwok said he believes today they made an adjustment to the definition of an excluded tree. Ms. Cassidy displayed and highlighted the language change suggested and said the intent here is to exclude only those trees listed following the definition which she did not include but said there are 17 species listed. The language here includes all trees not specifically protected which is not what they wanted to do. They wanted to exclude specific species only so the strikethrough is the suggestion.
ACTION: Mayor Dawson referred to definitions and “remove” means to cut down completely or extract a tree. She asked to insert “to cut down to ground level.” Ms. Cassidy highlighted the reference and said they can add these words. Councilmembers agreed.
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ACTION: Councilmember Anduri recommended per Mr. Clark’s point about 6-1703 and how it relates to 6-1711 and how it relates to early on in the ordinance and that they leave that to the City Attorney and staff to recommend whether any change needs to be made because it is a legal issue. Councilmembers agreed.
ACTION: It was M/S/C (Anduri/Candell) to re-introduce Ordinance 694 and continue the matter to November 25, 2024, for a public hearing. Roll Call Vote: 5-0 (Ayes: Dawson, Kwok, Anduri, Candell and McCormick; Noes:
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 thanked staff for all the incredible objective information provided about the City’s financial situation to the public. He also thanked the Yes on H Committee for their incredible work, particularly Matt Pease and Stella Wotherspoon. Mayor Dawson and Councilmembers added thanks to the voters for their support as well as an amazing next City Council.
Councilmember Candell referred to David Clark’s comments regarding grants, and City Manager Srivatsa said she has spoken with Casey Elliott who is confident the City will receive the grant funds but will confirm again.
Councilmember Candell said her company is stock piling in anticipation of terrorists and she was not sure this affects the City at all, but she asked staff to think about this.
Councilmember McCormick reported he participated in a tour last week of the Recycle Smart Board. They received a demonstration of a new garbage truck that is a hydrogen fuel cell truck. There is a mandate in California about slowly transitioning to zero-emission vehicles for garbage, recycling, and organics pickup.
Grants will also be available when purchasing zero-emissions vehicles.
Vice Mayor Kwok reported on EBMUD and the tower project, stating they went out to Sacramento to meet with the Division of Safety of Dams. When they followed up they asked for the Division to provide a written response to concerns, which has taken a long time. It came to the City today and he thinks they would like to agendize this topic at the next meeting so as to report findings and what the content of the letter was and be informed, as well as any potential next steps.
Mayor Dawson reported on the Chamber of Commerce’s Community Breakfast coming up next Thursday on Thanksgiving at 7:00 a.m. Those interested should register under the Chamber’s website.
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Vice Mayor Kwok referred to the top of clean energy, many received MCE’s mailing this past week that they must do a report on their energy content. The 2023 content label came out and most residents of Lafayette are either in Light Green service or Deep Green. Light Green service was a promise of 60% renewable energy from solar or wind in California, and Deep Green service was 100%. He said 90% of people are in the Light Green service. While they have 60% solar and wind, 40% was large hydro-electric in 2023. So, 99% of Light Green users were carbon-free as well as Deep Green users. So, 10 years later, all residents are enjoying carbon-free electricity.
Councilmember Anduri asked and confirmed about 10% or 11% opted out. Mayor Dawson added that they are working with businesses going with Deep Green.
16. WRITTEN COMMUNICATIONS - None.
17. ADJOURNMENT – 10:40 p.m., in memory of Russell Beatty who authored the Trees of Lafayette, who passed away in 2022.
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Gina Dawson, Mayor
ATTEST:
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Joanne Robbins, City Clerk