Lafayette City Council Observer Reports

Lafayette City Council Observer Reports

Image of people at Lafayette City Council meeting
Type: 
News

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City Council Meeting – 7/12/21

by Bill Speir, LWVDV Observer

General Plan update (Agenda item 7.A.) 

The Council received a report from the General Plan Advisory Committee (GPAC).  The four Housing Element Community Workshops held this Spring resulted in the identification of 194 sites within the city that could be considered as opportunity sites for housing development.  Some suggested sites were duplicates and some were already known to the GPAC, but approximately 50 sites were new and will be investigated by planning staff to see if they meet HCD requirements and can be included in the Housing Element as housing opportunity sites to be developed between 2023 and 2031.

Process to replace Council member Burks (Agenda item 9.A.)

Cam Burks resigned as a member of the City Council effective July 29, 2021.  The Council must designate a replacement within 60 days.   The vacancy will be advertised and applications accepted through August 12.  The Council will interview applicants on August 19 and 24, after which a candidate will be selected to serve on the Council until November 8, 2022, the next scheduled municipal election.

Revised budget for Housing Element EIR approved (Agenda item 9.B.) 

The Council considered and approved a revised budget for the Environmental Impact Report being prepared for the Housing Element of the General Plan.  The Council requested that information regarding the potential impacts of developing the BART parking lots be provided, even if only informally, before June, 2022.  This information would help with the deliberations over whether to rezone the BART lots to permit housing development per AB 2923.  Although zoning the BART lots to permit housing is mandated by AB 2923, an exception may exist when the lots are in a designated very high fire danger zone.  (See Gov’t Code 65941.1(a)(8).)  The Lafayette BART lots are in such a zone.

Agenda and Staff Reports

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City Council Meeting – 6/28/21

by Bill Speir, LWVDV Observer

Council member Burks resigns

All Council members were present for the meeting.  During public comment, Council member Burks announced his resignation from the Council, effective June 29, 2021.  Mr. Burks had been reelected in November 2020, and had 3 ½ years remaining on his term.  The Council will discuss procedures to replace him at the next meeting.

Appeal of draft Regional Housing Needs Allocation [Agenda item 9.A.] 

On May 25, 2021 ABAG issued its draft RHNA amounts.  Any appeal is due July 9, 2021, and must be based on narrow, specific grounds.  Staff analyzed and drafted an appeal of the inclusion of the BART parking lots as being available for housing development, because all the BART lots are located in a state designated “Very High Fire Hazard” severity zone.  The draft RHNA plan uses the Plan Bay Area 2050 Final Blueprint in the RHNA methodology to address concerns about natural hazards. The Final Blueprint states that it excludes Cal Fire designated “Very High” fire severity areasfrom potential growth areas.  Yet, the Final Blueprint public lands strategy appears to have mistakenly included Lafayette’s BART station as being available for development.  The City of Lafayette appeal will request that 822 units – the base amount of housing allowed on the BART parking lots per AB 2923 – be removed from its draft allocation of 2,114 units.  This would result in an adjusted allocation of 1,292 units.  If the appeal is granted, these 822 units would be reallocated to other jurisdictions in the Bay Area.

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City Council Meeting – 6/14/21

by Bill Speir, LWVDV Observer

The June 14, 2021 meeting focused on policies and priorities.  The meeting was attended by Mayor Candell, Vice Mayor Gerringer, and Council members Anduri and Dawson.  Council member Burks was absent.

Planning Priorities for 2021-2022 (Agenda item 7.A.) 

The Council confirmed 12 mandated planning priorities, including updating the General Plan and Housing Element, compliance with RHNA, and implementation of AB 2923 (zoning for development of BART lots as housing). The Council added priorities to analyze density bonus issues, consider an electrification ordinance, land value recapture, and jobs/housing balance.

Support for funding Community Crisis Initiative through Measure X (Agenda item 9.A.)

The Council endorsed sending a letter of support for the development of a comprehensive system to respond to behavioral health crises in the county.

Potential appeal of draft RHNA allocations (Agenda item 9.B.) 

On May 25, 2021 ABAG issued its draft RHNA amounts.  Staff reported its efforts to discuss the allocation with ABAG/MTC staff.  Lafayette was allocated a total of 2,114 new housing units, which was a substantial increase from the numbers disclosed in January.  Any appeal is due July 9, 2021, and must be based on narrow, specific grounds.  Staff was instructed to analyze an appeal, and to consider the fact that the BART lots, and other property north of Highway 24, is located in a very high fire danger zone, and yet it appears that this property may have been included in property available for housing to fulfill the draft RHNA numbers.

Positions taken on pending state legislation (Agenda item 13.D.) 

The city authorized sending letters of support or opposition to several bills pending in the legislature.  Of interest to the League, the city opposed SB 8 and AB 1401, both of which the League supports.  The city had previously sent letters of opposition to SB 9 and SB 10, bills the League decided to support after the city sent letters of opposition.  Each of these bills generally supports the development of housing, and each was opposed by the city as impinging on local control of land use issues.

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City Council Meeting – 5/24/21

by Bill Speir, LWVDV Observer

The Council set a 2021 record with a meeting finishing in under two hours.  Issues discussed included adding new trash cans for the downtown, and funding a crosswalk and related traffic improvements at Hamlin Road to make crossing the street safer at St. Perpetua school.

Meeting video

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City Council Meeting – 5/10/21

by Bill Speir, LWVDV Observer

Potential bike path to Acalanes High School

The Council heard a presentation about a potential new bicycle path down the center median of Pleasant Hill Road between Mt. Diablo Blvd and Deer Hill Road. The bike path would allow bicyclists travelling under Highway 24 to avoid crossing the dangerous freeway on and off ramps. The Council agreed that staff could continue to analyze the project.

Discussion on preserving local control of land use decisions

City Manager Niroop Srivatsa presented a report on the City’s efforts in recent years to attempt to preserve local control of land use decisions. These efforts were focused on opposing State legislative bills that would compel cities such as Lafayette to add housing. This year, the Council voted to oppose Senate Bills 9 and 10, for example. (See City Council Notes from March 8, 2021.)

Council member Burks and Mayor Candell were outspoken in their opposition to legislation that would compel planning for additional housing, with Council member Burks even suggesting that the city should refuse to comply with its RHNA allotment and litigate instead. Other council members generally agreed that local control of land use decisions was ideal, but the issue was how to preserve local control consistent with state law. Council member Anduri noted that he did not want “local control” to be seen as code for NIMBYism or opposing diversity, which he does not support.

Ultimately, the Council designated an ad hoc committee consisting of Mayor Candell and Council member Dawson to deal with issues related to local control of land use matters.

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City Council Meeting – 4/26/21

by Bill Speir, LWVDV Observer

Video

Potential purchase of 3483 Mt. Diablo Blvd

The Council held a closed session before the public meeting to consider price and terms for the potential purchase of 3483 Mt. Diablo Blvd., the former Boswell’s site.  No reportable action resulted.

Congressman DeSaulnier provides Federal update

Congressman DeSaulnier met with the Council to provide an update on potential federal legislation and programs of interest to Lafayette.

Trust to buy Park Theater

The Park Theater Trust is in contract to buy and renovate the historic Park Theater.  Escrow is currently set to close August 31, 2021.  The theater will be remodeled into two auditoriums, a commercial kitchen and a rooftop terrace.  The theater will be run by a for-profit operator with a hopeful opening date in December 2022.

Police Department Report

Chief Ben Aldritt provided an annual report on the Lafayette Police Dept.  The Chief went through the Uniform Crime Reporting Data for 2020.  Lafayette’s already low crime rate was down in all categories except commercial burglary. 

Housing Element environmental analysis

The Council considered alternative growth scenarios to be studied in an Environmental Impact Report (EIR) required as part of the update to the Housing Element of the General Plan.  An EIR typically takes at least 1 year to complete and approve.  The City faces two statutory housing deadlines that require that the EIR process start now.  By July, 2022 the City must decide whether to upzone the BART parking lots to permit housing at 75 dwelling units per acre (75 du/ac).  By January 2023, the City must update it Housing Element to permit development of 2,114 dwelling units (its likely RHNA), plus a buffer, including units affordable to low and very low-income residents.

The Council voted 3-2 to study two scenarios for housing growth, in addition to the “no project” analysis, which would assume no changes to zoning.

  • Distributed Scenario: This approach considers potential upzoning of downtown neighborhoods from 35 to 50 du/ac, and upzoning of BART parking lots to 75 du/ac.  The Council modified the staff recommendation to eliminate certain residential neighborhoods from the study but otherwise approved the scenario as recommended.
  • Downtown-Only Scenario: This scenario places almost all growth in the downtown, but assumes no development of the BART lots.  The proposed density to fit all growth in this area would be 115 du/ac.  All council members agreed that development at this density was unrealistic and undesirable. 

The EIR consultant and staff recommended that both scenarios consider comparable housing units and that both consider enough added density to comply with State law.  Staff pointed out that if the EIR measured impacts at a dense development level, it will have adequately addressed the lesser impact of development at a lower density when decisions on growth are made. 

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City Council Meeting – 4/12/21

by Bill Speir, LWVDV Observer

Potential purchase of property for a downtown park

The Council had a closed session before and after the public meeting to consider price and terms for the potential purchase of 3547 and 3549 Wilkenson (behind LaFiesta Square, near Tutu’s restaurant) for use as a park.  No reportable action resulted.

Reports received

The Council received reports from the Lafayette Library manager, the Environmental Task Force, and the General Plan Advisory Committee.

Conflict of interest discussion

The Council discussed how to apply its conflict of interest policy in the context of a technical violation of the policy by a Design Review Commissioner.  In 2018, the City Council amended the conflict of interest policy for those serving on the Planning and Design Review Commissions.  The new policy precluded a commissioner, or any firm or affiliate of the commissioner, from representing for compensation any client or customer in dealings with the City.  A Commissioner whose company performed such work could not simply recuse him or herself, but must resign.

In 2021, the landscape firm of a member of the Design Review Commission took a project on a property with an Orinda address.  The Commissioner was not personally involved in the project.  When permits were sought for that project, it was discovered that the property was actually in Lafayette.  Under the conflict of interest policy, the Commissioner was required to resign.  The Council spent a substantial portion of the meeting grappling with how to address an innocent violation of the policy while keeping the policy intact.  Ultimately, the Commissioner confirmed that her firm would not accept approximately $850 in compensation for the work done for the client, and therefore the Council determined that the conflict of interest policy had not been violated.

The discussion made clear the difficulties in attracting and keeping knowledgeable volunteers to serve on these demanding Commissions under the strictures of the 2018 conflict of interest policy.  Ideal Commissioners would be attorneys, engineers, and architects who are experienced in land use and/or design.  Yet a would-be Commissioner whose firm has, or could in the future have, work in the City, is precluded from serving.

Agenda

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City Council Meeting – 3/22/21

by Bill Speir, LWVDV Observer

Former Mayor honored  

Former council member and mayor Mike Anderson was honored by the Lafayette Chamber of Commerce for his work on behalf of the City.  Members of the public and current council expressed appreciation for his efforts.

Special workshop on City Council priorities

A consultant led a special workshop to help the Council identify three or four priorities for staff to focus on during the next two years.  After considering over 20 ideas for projects, the Council decided on the following priorities:

  • Wildfire prevention and utility safety
  • Public safety, especially pedestrian safety around schools
  • Create a vibrant downtown and support business recovery post-COVID
  • Reduce traffic congestion and improve mobility
Condo project at 950 Hough

The fifth and final public hearing was held on a proposed 20-unit condominium project at 950 Hough Avenue.  Three of the units are slated to be affordable.  The property is currently occupied by a small commercial project containing a hair salon among other tenants.  Following the January 25, 2021 public hearing, the developer agreed to make modifications to the project, including agreeing to a future easement along the creek at the rear of the property that could accommodate a creekside trail if access through adjacent parcels is obtained in the future.

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City Council Meeting– 3/8/21

by Bill Speir, LWVDV Observer

Another City Council meeting lasted until the early hours of the following morning. 

Transportation and Circulation Commission report received

Commission members discussed recent and current projects.  A focus for 2021 will be to assess traffic issues around schools with an eye on public safety.

Resolution regarding El Curtola overpass protests

resolution concerning the El Curtola overpass was passed.  It stated that the ongoing protests on the El Curtola overpass constitute a clear and present danger to traffic on Highway 24, and called on CalTrans and the California Highway Patrol to enforce the law to assure public safety.

Housing Issues

Most of the meeting was devoted to housing, and the various challenges arising from the City’s need to meet its State imposed Regional Housing Needs Allocation (RHNA).  The City is planning for a RHNA of 2,114 new housing units, plus an additional 1,057+ unit “buffer”.  The City’s weekly newsletter described the Council’s discussion of housing issues as a “lively” and “frank exchange of views.”  Unfortunately, this was a euphemistic way of describing some lapses in the quality of civil discourse.

  • Letters opposing SB9 and SB10: The Council discussed Senate Bills 9 and 10, now pending in the State Senate.  In short, SB9 would permit two dwelling units to be built on single-family zoned lots and would also permit a lot split of such a lot.  SB 10 would give a city discretion to up-zone a parcel near transit to permit up to 10 units, even if that level of density is contrary to a voter approved initiative.  The Council voted unanimously to oppose both bills.
  • Staff to assess potential amendments to zoning ordinance: Councilman Burks requested in “lively” fashion that the Planning Commission be given final authority to agree to building height, density and similar waivers permitted by the density bonus law.  This was intended to assist the city to fully assess multi-unit housing projects within five public meetings, the legal maximum.  Staff will assess what changes could be made to the zoning law to make the process more efficient, and report back to the Council.
  • Areas to study for potential up-zoning to meet City’s RHNA requirement: Mayor Candell advocated eliminating certain existing residential areas in the City from study in the Environmental Impact Report required by the ongoing update of the Housing Element of the General Plan. Eliminating these areas from the EIR would preclude the General Plan Advisory Committee (GPAC) from considering any modification of housing density in these areas. Ultimately, after a “frank exchange of views”, the Council majority asked staff to provide further information so that an informed decision can be made regarding which parts of the City to study in an EIR.  This information will be presented at the April 12, 2021 City Council meeting.

Minutes

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City Council Meeting – 2/22/21

by Bill Speir, LWVDV Observer

Agenda

An eight-hour marathon City Council meeting on February 22, 2021 ended in the early hours of the next morning, and included the following:

Art and Parks reports received

Two ongoing City Committees reported to the Council. The Public Art Committee made a detailed presentation regarding public art projects in the works. The Parks, Trails and Recreation Commission discussed the possibility of adding a children’s play area to the Lafayette Library. The Commission requested $25,000 be reallocated in order to hire consultants to develop a specific proposal. The Council indicated it would consider the funding request once the Library Foundation and other stakeholders were in agreement with the concept.

Report on demonstrations on El Curtola overpass

A report was received from staff regarding continued demonstrations on the El Curtola overpass over Highway 24 by supporters of former President Trump. The City considered parking restrictions on either side of the overpass and a possible crosswalk to assure safety. A formal resolution was also discussed which would note that hanging signs on the overpass is a violation of law and creates an unsafe condition, that CalTrans and the California Highway Patrol have jurisdiction to enforce the law, and calling upon those agencies to enforce the law to assure public safety.

Apartment project at 3483 Golden Gate Way approved

A lengthy hearing was held on a proposed new 71-unit 4-story apartment building across from the Lafayette Library at 3483 Golden Gate Way. The Council had previously conducted a hearing on the project on January 8, 2021. This was the fifth and, by law, the final permitted hearing on the project. The Council found that the project was exempt from the California Environmental Quality Act, amended conditions of approval to try to mitigate the loss of privacy to existing homes to the south, and just before 2:00 a.m., approved the project.

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City Council Meeting – 2/8/21

By Bill Speir, LWVDV Observer

Trump supporters on El Curtola overpass – follow up with Caltrans and CHP.

For several months, Trump supporters have placed signs on the El Curtola overpass over Highway 24, supporting Donald Trump and protesting the result of the election. The protests are scheduled to continue through February, on Monday and Friday afternoons. Residents of the neighborhood south of the overpass have complained of disruptions caused by the continued demonstrations, including conflicts with counter-protestors and others offended by the “Stop the Steal” signs.

The Mayor and Chief of Police reported that the overpass is owned by the State. While the City has a maintenance agreement with Caltrans, the City has no jurisdiction over the bridge and it cannot regulate demonstrations there.  The meeting was attended by a Caltrans representative and the California Highway Patrol Captain responsible for this area. While placing signs on the overpass is illegal, the CHP policy is to not interfere with ongoing protests unless there is a public health and safety issue caused by the activity. If signs are attached to the overpass and left, Caltrans and/or CHP will remove them after the demonstration is over. The Mayor and Council members expressed frustration that the City had no ability to regulate these protests, or enforce violations of sign ordinances, and that CHP and Caltrans seemed reluctant to take any action.

Noise ordinance revised to accommodate stand-by generators.

In response to PG&E’s Public Safety Power Shutoffs, many local residents sought permits to install permanent, stand-by generators at their homes. About a year ago, City staff began enforcing noise ordinances such that installation of generators became impossible or prohibitively expensive. In response to complaints regarding the process, the City considered and adopted revisions to the noise ordinance that exempted generators run during a power outage, with certain conditions.

Potential objection to proposed Housing Accountability Unit.
The Governor’s January Budget seeks to address housing and homelessness by, among other things, establishing a Housing Accountability Unit (HAU) within the Department of Housing and Community Development. The HAU would seek to “facilitate affordable housing production through monitoring, technical assistance, and enforcement of existing housing production laws.” The Council considered a draft letter to the State objecting to the creation of a HAU. The Mayor stated that additional oversight through the HAU would have a chilling effect on Council meetings. Other Council members disagreed. The letter was held to be considered further when more information about the proposed HAU was known.
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City Council Meeting -1/25/21

by Bill Speir, LWVDV Observer

 Meeting with ABAG staff over housing requirements

After the January 11, 2021 Council meeting, City Planners met with staff of the Associated Bay Area Governments (ABAG) to discuss the large increase in the City’s estimated Regional Housing Needs Allocation (RHNA). Although the meeting was reported as “productive”, staff also reported that a formal Public Records Act request needed to be submitted to ABAG to obtain the full housing calculation. The Council was concerned by this seemingly adversarial approach by a fellow public agency. A written report will be submitted at the next meeting.

Sales tax update

The City’s sales tax consultant reported on the results of the third quarter of 2020. Sales tax revenues were down for the quarter. Restaurants are the largest single contributor to Lafayette sales tax revenues, and revenues were down substantially as a result of the pandemic. However, the fiscal year 2020-2021 budget took reduced revenues into account, and the quarter was actually better than the amount included in the budget.

Condo project at 950 Hough

A public hearing was held on a proposed 20-unit condominium project at 950 Hough Avenue. Three of the units were slated to be affordable. The developer agreed to make modifications to the project, and the revised development will be acted upon at the February 8, 2021 meeting.

Large housing project at Corporate Terrace site

A public hearing was held on the large mixed-use project located at 3462 and 3470 Mt. Diablo Blvd. This is the site of the Corporate Terrace office project, east of the Whole Foods grocery store. All existing buildings will be removed, and replaced by a new, three-story commercial building fronting Mt. Diablo Blvd., and five multi-story residential buildings. Four of the residential buildings, containing 128 units, will be market rate condos. The remaining residential building will contain 38 rental units to accommodate very low-income tenants with intellectual or developmental disabilities. The Council was complementary of the project, which was approved unanimously, with minor modifications to the conditions of approval.

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City Council Meeting -1/11/21 

by Bill Speir, LWVDV Observer

  • Trump supporters on El Curtola overpass.  Much of the public comment at the January 11, 2021 City Council meeting focused on perceived problems caused by pro-Trump demonstrators on the El Curtola overpass over Highway 24.  Since before the November election, Trump supporters have placed banners on the overpass supporting President Trump and protesting the result of the election.  Speakers reported that the Lafayette police have been called on several occasions and that demonstrators had assaulted residents, including minors, who had engaged them.  It was noted that while First Amendment rights to free speech are protected, criminal activity should be reported to the police, and should be prosecuted.
  • Revised Housing requirements.  City planning staff reported on a recent increase in the estimate of the City of Lafayette Regional Housing Needs Allocation (RHNA) as calculated by the Association of Bay Area Governments (ABAG).  (See LWVDV December 2020 Housing Observer Report for an explanation of RHNA.)  ABAG has reallocated the new housing units among communities in the Bay Area, and has increased the estimated allocation to Lafayette by 28%, to a total of 2,114 new units.  Many of these new units will be required to be affordable.  Planning for this growth will be a challenge for the City, and will be a primary focus of the recently formed General Plan Advisory Committee.

Planning Director Greg Wolff and other City representatives were set to meet with ABAG staff on January 14, 2021, and would seek a further explanation of the change at that time.  Several council members expressed concern that the number was very high and would be difficult to achieve.  Staff is expected to report back during the next meeting.

  • Proposed Apartment Complex on Golden Gate Way.  The Council conducted a public hearing on a proposed new apartment complex at 3483 Golden Gate Way, across from the Lafayette Library.  It would replace an existing 47-unit apartment building which is currently used for both residential and commercial purposes.  The proposed 71-unit complex would consist primarily of 2- and 3-bedroom apartments.  A total of nine of the units would be affordable to low and very low-income tenants.  The development had already been vetted through two meetings of the Lafayette Design Review Commission and one Planning Commission meeting, and various revisions to the plans were made as a result of those meetings.  Concern was expressed during the Council meeting to the height of the building in certain areas, among other issues.  The Council discussed potential revisions of the proposed conditions of approval.  The matter was continued until the February 8, 2021 meeting for final action.

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City Council Meeting -12/14/20 

by Bill Speir, LWVDV Observer

The City Council meeting on December 14, 2020 saw a changing of the guard. It was the last meeting for Mayor Mike Anderson and council member Steven Bliss. Each of the remaining council members thanked and expressed their profound appreciation of the contributions each of these men had made to the Lafayette community.

Council member Cam Burks was sworn in for a new four-year term, as were new council members Carl Anduri and Gina Dawson. Susan Candell will serve as Mayor in 2021, and Teresa Gerringer will be Vice Mayor.

Mayor Candell outlined her priorities for 2021:
  • Public safety, especially traffic safety in the vicinity of schools: There has been much discussion but the issue needs to be addressed now with action.
  • Housing Element of the General Plan: The state mandated housing allocation in Lafayette is tentatively set at 1,660 new housing units to be planned for as part of the General Plan update that has just begun. Approximately 1,000 of these units must be affordable. Mayor Candell predicted that planning for this level of growth is the largest challenge the City faces in the next two years.
  • Wildfire safety: The state did not adopt legislation last year to promote wildfire safety. The Mayor would explore locally adopting a certification process for fire hardening homes, and enacting other fire safety measures in the absence of a state law.
  • Term limits: Mayor Candell stated that she is a fan of term limits, and wants to explore whether others on the Council and in the community are interested in adopting term limits for members of the Council.
  • Equity and Inclusion Task Force: The Mayor supports an all-Lamorinda coalition to encourage and support efforts to promote equity and inclusion, and to promote civil discourse in these politically divisive times.

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City Council Meeting – 11/12/20

by Bill Speir, LWVDV Observer

As with most Contra Costa Cities, the election has dominated local events in the City of Lafayette for the past several weeks. There have been some developments in the past week, however.

  • New City Councilmembers. The election results are in. Three Council seats were on the ballot November 3, 2020. Carl Anduri, Cam Burks and Gina Dawson were elected to new four-year terms.
    • Current Councilmember Cam Burks was re-elected.
    • Former Mayor and Councilmember Carl Anduri was elected after an eight-year hiatus off the Council.
    • Gina Dawson will be a new voice on the Council.
  • Cap on Restaurant Delivery Fees. In an effort to support local restaurants, on November 9, 2020 the City Council adopted a temporary 15% cap on third party delivery fees that could be charged to local restaurants. The ordinance will expire when pandemic restrictions are lifted. It had been reported by local restaurants that some companies had increased their delivery charges to the restaurant to as much as 30% of the restaurant’s bill to the customer. The urgency ordinance will affect app-based vendors such as Grub Hub, Door Dash and Uber Eats.
  • City to Sue PG&E to Stop Tree Removal. The City of Lafayette and PG&E entered into a Tree Removal Agreement on January 23, 2017. The Agreement states that PG&E and the City disagree regarding the extent of the City’s authority to regulate the utility’s removal of trees for safety and maintenance purposes. However, PG&E agreed to “provide all information required by the City’s Tree Protection Regulations” before removing trees. On November 10, 2020, PG&E informed the City that it would begin removing trees on East Bay Regional Park District property, along the Lafayette Moraga Regional Trail, beginning as early as November 16. The City believes that PG&E has failed to provide the information required by the Agreement, and on November 12, 2020, following a closed session at a special meeting, decided to sue PG&E to stop the tree removal. 

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City Council Meeting - 9/30/20

by Bill Speir, LWVDV Observer

The City Council considered budget issues on September 30, with an emphasis on the impact of COVID 19 on City finances.

Sales Tax Review. The City’s consultant presented the sales tax revenues for the fiscal year ending June 30, 2020 (FY 19-20), and discussed the revenue impacts of the COVID 19 pandemic. The City receives a portion of sales tax generated by sales within the City.
  • Sales tax revenues were down 12% for the year. 
  • Restaurants and retail are the largest sales tax generators in Lafayette, and those businesses were hit hard by closures caused by COVID 19. 
  • The second quarter of 2020 is expected to be the most impacted by the pandemic. The third quarter of 2020 should be better, but still down from historic levels. 
  • The projection for FY 20-21 estimates a 4.3% decline in sale tax receipts from pre-pandemic amounts, and after that, the hope is that sales to local businesses will rebound, as will sales tax revenues to the City.

Although many City residents redirected their retail shopping to on-line vendors, the City of Lafayette does not directly receive its share of those sales tax payments.  Sales taxes collected by on-line vendors are paid to the County and distributed to the cities based on the share of traditional storefront retail sales in a particular community as compared to sales in the County as a whole. This formula results in less money being paid to Lafayette than the City’s share of sales taxes paid by residents. 

Budget Update. City staff reviewed the financial results of fiscal year 2019-2020, and presented an update to the FY 20-21 budget.
  • Revenue for the year was strong even though sales tax revenues were down. 
  • Costs were cut in Spring 2020 in response to the potential impact of COVID 19. The City implemented a hiring freeze, and City employees agreed to defer a 1.25% cost of living adjustment that would have taken effect July 1, 2020. 
  • The Council voted 4-1 (Council member Burks dissenting) to lift the hiring freeze and restore the cost of living adjustment, while keeping all other budget cuts in place.

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Housing Accountability Act compels City of Lafayette to approve controversial affordable housing project

See Housing and Land Use Observer Report

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August 2020 Notes

The Lafayette City Council has been busy.

Racial Equity/unconscious bias:

In response to residents’ calls to address racism the City Council created a Task Force to Effect Change and Action in the Area of Racial Equality.  The three city council members leading this task force, Susan Candell, Cam Burks, and Teresa Gerringer, invite wide participation.

Planning the next 20 years:

Lafayette is poised to update its city plan - this will shape the next 20 years. See the General Plan Update Intro Video for an overview, and then go to City of Lafayette CA General Plan  to learn more and weigh in!

Following the Terraces?

Monday, August 24, 2020, after another long meeting, the Lafayette City Council voted 4 to 1 to approve the building of the 315-unit apartment building. Vice-Mayor Candell dissented.

City Council has 3 seats up for election in November:

Lafayette is looking to fill three of the five city council seats in November ballot. Four candidates are running: Cam Burks (incumbent), Carl Anduri, Gina Dawson, and Farschad Farzan are on the ballot. Mayor Mike Anderson and Councilmember Steve Bliss are not running. To read about these candidates, see Voter’s Edge.

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July 2020 Notes

by Carol Murota

Lafayette’s housing remains an issue: Lafayette continues its very expensive and protracted housing battle over the Terraces of Lafayette. The Planning Commission held two meetings, hearing from residents in support of and in opposition to the project. After 7 hours, a majority of the Commissioners reluctantly agreed to approve the project, being unable to find legal cause to deny the developer’s permit.

City Councilmember Cam Burks appealed their recommendation. In response, the full City Council will hold a public meeting on August 10, 2020. If you wish to attend the Zoom call, please confirm the start time and details on the LoveLafayette website

Local Politics: The Lafayette city mayor announced his resignation. Mayor Anderson’s term expires in November, 2020.

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COVID-19 and the Brown Act - May 2020

by Carol Murota

The Brown Act protects the public’s right to attend and engage in meetings of their legislative bodies. It requires timely posting of agendas. Adopted over 50 years ago, it has become the norm, and we have taken for granted our ability to engage in meetings of our city councils and commissions. Then COVID-19 arrived.

Pre-COVID-19, residents were given time during meetings to bring their concerns and appreciations to their officials. The process was transparent and public. Now, faced with health and safety concerns, physical distancing/shelter-in-place orders were issued, and in-person attendance at meetings was suspended for everyone – both officials and the public participate in meetings remotely. This is new territory. There is no time-tested alternative to public meetings. At the most recent Lafayette City Council meeting, conducted remotely, city staff reported on a variety of systems being tried and their efficacy at screening out inappropriate behaviors. It is surprising what people do and say when they are not standing in front of a podium!

To be clear, the City Council of Lafayette has been rigorous in making sure all comments submitted are part of the public record, and they have a staff member present at their meetings to handle the technical pieces. As reported earlier,, their reflexes were tested by the obscene comments made during the first meeting. No other incidents have made it to the public recording since safety protocols were put in place. The city clerk has read comments into the public record, and almost all have been within the 3-minute limit. For many residents, the current method has been a success despite not exactly replicating in person participation.

Some Lafayette residents, however, feel strongly that there is no substitute for an in-person presentation. To address this while balancing the reality of COVID-19 requirements, the City Council engaged in a thorough discussion with council members asking follow-up questions to public comments. Recognizing the urgency to find a solution, the City Council, despite facing a significant reduction in revenues, opted to contract with a virtual meeting management company called PrimeGov to give the public a way to make comments, to screen input to prevent inappropriate comments, and, as closely as possible, to replicate the openness and transparency of pre-COVID-19 meetings.

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Previous reports: 

Lafayette Observers Report - Housing Makes National News (February 2020)

The (League Observer’s) View from Lafayette (Juy 2019)

This article is related to which committees: 
LWV Diablo Valley Observer Corps
League to which this content belongs: 
Diablo Valley