City Council - Regular Meeting

6 pm. We'll call the meeting to order. Let the record show that all council members are present. For the agenda, I propose that we move item 17 and 18 ahead of item 15, which is the Hoffman appeal. Um, council member um, well, Stella is going to be recusing herself from that item. So, in 1718 are going to go quickly. So, just propose that we move them ahead so that Stella can leave before the So moved. Second. All in favor? I.

We're now on item five, comments for items on the closed session. There any comments on the item we'll be discussing in the close session? The mayor is taking comments on the close session item only. Mayor Anduri, I see uh no speaker slips for persons in the community hall and there are no virtual participants with their hands raised. Okay. So, we'll move into close session and we will return at 7 p.m.

Excuse me. Amazing. Yeah, deserve that. Are we on?

Hey, the council is back in session. We're back from close session, which unfortunately ran a little longer than we had hoped. Uh there was no reportable action. And um just to let you know that when we adopted the agenda earlier this evening, we moved items 17 and 18 ahead of item 15. So item 15 will be the last item on the agenda. We don't expect that items 17 and 18 will take much time. So, please join in the pledge of allegiance.

I pledge allegiance to the flag of the United States of America and to the republic which stands one nation, indivisible, liberty and justice for all. Okay, as we meet this evening, we acknowledge that Lafayette was part of the unseated ancestral homeland of the Bay Miwok people. The Bay Miwok and neighboring Oloney 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. We're on to public comments. This is an opportunity to comment on anything that is not on tonight's agenda and that is within the council's purview. You can have up to three minutes to address the council.

Uh Mayor Anduri, we have uh one speaker slips for persons in the community hall and currently I have no hands raised in our virtual audience. For persons who have not attended uh a meeting in the past, if you'd like to speak, please fill out a yellow speaker slip. Each speaker gets three minutes and I will call you by name to the podium. Our first speaker is Lisa Dro.

Welcome. Thank you. Happy New Year. Little late. Lisa Disbro and I'm representing Moms for Liberty and Patriots of Contraosta and um it's come to my attention in January uh the situation with Richmond Mayor Eduardo Martinez, somebody that I've worked with as a teacher in West Contraosta and um I attended the January 20th meeting. Can I can you point me to the clock? I don't see it. green, yellow, red.

Okay. No numbers. Okay. And um so I attended that meeting. Uh as someone from Richmond, I was very dismayed at the comments the mayor had made. So were the attendees at the at the uh council meeting. And I noticed that of the 80 80 um elected officials who were also displeased with the mayor's comments that were anti-Semitic that blamed Jews for the Australia massacre and who allied himself with Hamas, a known terrorist group that this council was not represented in the um complaints, the criticisms. There were school board members, county school board members, there were mayors, vice mayors, former mayors from all over the Bay Area. And as you know, what happens in any one of our towns, spreads throughout the greater Bay Area. And so the concern over Jew hatred is very real. We had students saying they were no longer willing to wear their Stars of David. We had families saying they were no well they were fearful of displaying their manoras or wearing their kipas. So we we had a lot of fear in the room and welld deserved because they were blamed for something they had no responsibility or involvement with by an elected official. And I'm very encouraged by Rabbi Wagner of Shabbad of Richmond who said seeing the mayor of Richmond use his public platform to circulate hateful anti-Jewish comments was deeply painful. I think we all agree

irrespective of our personal faith and I would have liked to have seen uh the city of Lafayette with five different synagogues and habads represented. You have a a strong voice and the influence of this community in the stability and the affluence and the um lovely attitude that we we experience here in Lafayette should have been represented and I kept waiting and waiting out of the list of people that were named in opposition to Eduardo Martinez. Thank you.

Okay. Thank you. Are there any questions for the speaker? Hey, thank you very much. No additional speakers at this time. Okay, we're on to the city manager's update.

Thank you, mayor. Good evening, everyone. Just two updates from city departments. The Lafayette Senior Services Commission is partnering with the Lafayette Police Department to offer CHP's AgeWell Drive Smart class on Thursday, February the 26th from 10:00 a.m. to noon at the community center. You can sign up through the city's website. And the second update is a happy one after many, many years of planning. The Lafayette down uh town center pathway and BART station improvement project will begin on February the 23rd. Portions of the parking lot on the south side of BART will close starting the 23rd and the project is expected to last several months. Uh it will in result in a uh bike station at the southern entrance to BART providing secure parking for 80 bicycles, a pedestrian plaza and turnaround and public art. Uh so there will be some inconvenience to be had for the next several months, but the end result I think would be a welcoming addition uh addition to Lafayette. Really provide a safe and secure way that people can exit the south side of the BART station and walk along a pedestrian and bicycle pathway ADA compliant to downtown Lafayette. And that's all I have. Are there any questions for our city manager? Is there any public comment? Okay, we're on to presentations. And as background for our first presentation,

let me just say that Lafayette's mission statement calls out our commitment to lifelong learning. And through the city's public art committee and its newly expanded focus, the city seeks to embed the arts in our civic life and in the fabric of our community. During the the next two years, we'll help strengthen these civic values through presentations at the beginning of the first council meeting of each month by an arts organization or an organization that offers lifelong learning opportunities. Tonight is our second presentation. Kathy BS of the Park Theater Trust Board will talk to us about the renovation of the Park Theater and the contribution the Park Theater will make not just to the vibrancy of our downtown, but to the vibrancy of our arts community. Kathy, it's all yours. I think she she was going to

We're ready for the presentation. Thank you. So, good evening. My name is Can we have that on the TV screen as well? Me? No. Oh. I'm glad I'm not responsible. We don't want to have to turn our backs on you. So Oh, I see.

Okay. Oh, perfect.

All right. So, my name is Kathy BS. I'm the president of the Park Theater Trust. And on behalf of the Park Theater board, two members are here tonight. Tracy Ferrell and John McCormack. Of course, John really doesn't have a choice. Um, and our also on our phenomenal finance, legal, and construction committees and our community partners. Just wanted to thank you for your time and an invitation to speak to you tonight. But I want to thank city council and not just the current members, but the previous council members for their commitment to lifelong learning and the arts. We all know any significant change starts with leadership. They have displayed decades of commitment to art, culture, music, theater, and dance. We acknowledge and appreciate that a robust and healthy community has to contain these elements. It is a commitment made decades ago by LSF, now LPI, by our schools, our community's embrace of a 100-year-old theater, the Amazing Library and its commitment to lifelong learning for every segment of our society, the Community Foundation of Lafayette for supporting small art and culture nonprofits that make our community so much richer, and the list goes on. The Park Theater is part of that rich history and heritage, and I appreciate the opportunity to delve a bit deeper into how the park will be a cultural catalyst for our greater community. So, as you know, the Park Theater Cinema opened in 1941 as a cultural cornerstone of the community's growing downtown. The arrival of regional malt regional multiplexes led to its closure, but the community always desire desired a rebirth and thanks to generous donations from the community and the city of Lafayette. In 2021, the all volunteer

nonprofit Park Theater Trust purchased the park property on behalf of the community. And today, the Park Theater Trust is closing in on its goal of raising 15 million to renovate this historic community cinema that has been dark for all these years. Uh I want you to kind of note the condition of that theater. uh when we were removing those seats. Um it is going to go from a single screen movie house to a sustainable two-theater cinema with a community space commercial kitchen rooftop terrace and will be operated by the highly regarded cinema SF Bay who runs the historic theaters in San Francisco. So you can see from this there's a couple highlights. If I had one of those like red wands I would do that. But there's a large theater um about 16065 seats, small theater 49, an expanded lobby, a community space which is on the mezzanine level. There you'll see the grand staircase that goes up to the top level with natural air light coming down and then um the rooftop terrace and solar panels on the top. So when we purchased the park on behalf of the community, one of the goals and the promises was to save its historic iconic marquee and architecture from demolition. Architecture is art. And so a bit more about this unique gem we have in the heart of our downtown. Here are some of the highlights about the architect's career. William B. David. He immigrated. He was an immigrant from Armenia. moved to California in 1920. He was a former set designer for MGM. He built 25 cinemas on the West Coast in the streamlined Modern

style, which was a style that followed the art deco style and was considered to be cleaner, unadorned services, sweeping horizontal lines, and at that time inexpensive to build due to less ornamentation. Now, wouldn't that be nice? that was then and this is now. Um the other really iconic uh part about the park of course is the marquee and the tower. And one of the unique thing is the trapezoidal shape instead of a rectangular box to maximize sight lines and the very rare novial glass that we have. This glass is from 19 from 1941 is significantly rarer because production of decorative neon effectively halted during World War II as factories shifted to the war effort. Our glass represents the peak of the art deco streamline modern craftsmanship just before that era ended. And a little bit about the novial glass. It really was talking about true gold. It gets this here's a fun fact fun um no real glass gets its name because it was designed to be no violet. The glass itself acts as a natural filter that blocks the purple violet light from the gas discharge leaving only this pure warm golden glow. So we have in our neon we have really a unique unique piece of art in and of itself. Luckily um we identified really the foremost res restorationist of neon probably in the country. His name is Jim Rizzo. He resides in Berkeley and he is um has our uh Neon there in storage waiting to restore. There's so much about the park that's

distinctive and at every opportunity the park is reusing our treasures and working hard to recapture kind of the welcoming nature that was the original park. Here are a couple of things that we're doing um kind of the carpet is being duplicated perhaps with a less floral pattern that we had. We are working with series seating which um has provided seating um to the screen actors guild and other different theaters throughout the country. We will have comfortable chairs but that are also in keeping with the time. Again our exterior wood and glass poster boxes are being recreated. Um this shows some of our gems on the left uh are the original art deco sconces. They were in the large theater. Uh that picture, they're actually shown in the back of Tracy Ferrell's car as uh she was taking them to storage. See, we we go to really no end to save money. Uh and then the teardrop ceiling lights on the right um are being restored and rewired. Those sconces really had um were hold center stage in the um big theater and will be there again in the larger theater once we reopen. The vintage um film cabinet on the left will be purposed in the community space and the one projector head the gold part will be displayed in the lobby and the other one will reside with Lafayette Historical Society. a little bit about our partnership with the Lafayette Historical Society. All of our old photos and our information on our website that deals with the history of the park really was in partnership getting from the historical society. We also, thanks to funding by the Community Foundation of Lafayette, we are creating a documentary capturing the history and

the reconstruction of the park and we look forward to sharing that documentary when we open in early 2027. So, I bring your mind back to what that original slide showed of what the theater looks like. These are This is when you took off all of that awful ceiling and the paneling and the walls. This is the bones of what was there. This is all beautiful, beautiful redwood. Um, the stairs on the right, as you can tell, were not code. Uh that is how we accessed the top for for several years to change the marquee um when we were um when we first purchased the park. On the left are the two projectors uh that were there. And just wanted to note that um these were real reel film projectors and that the park in its reinvisioned state will be able to show not only digital film but also real film which will I I don't think there's any theater in the East Bay that can do that. Um this was like my favorite thing to do when we were showing people the theater. You'd go upstairs and that knob on the right was how you actually turned on the lights in the theater. Those that worked. So, you just move that knob from one to the other. And hopefully, uh, you know, no sparks flew. But, uh, you know, clearly we will be a little bit refurbished. Um, it all starts with the movies, but the Reborn Park Theater will offer so much more, you know. So our research which started back in 2018 and continues to this day has shown that our community wanted movies but did want more. They wanted music, they wanted speakers. One of the things we focused on early was

creating an environment that could deliver a variety of entertainment forms and we will be able to deliver thanks to the incredible team we have on board. Not just our architect, ArkSign, but Charles Salter of Salter Engineering and Meer Sound are partnering with us. Both considered leading experts in their field in acoustical engineering and manufacturing. The park will really be an acoustical showpiece, not just sound for movies, but for all the variety of programming that will be offered. Another equally important aspect of the experience is the Aeva HVAC system which was designed by Taylor Engineering another top expert in their field. All of these experts are offering their services at in incredible discounts and we are extremely grateful. So although we will be replicating many of the wonderful textile and period piece finishes, the patron experience will really be topnotch. So, this is just a rendering of what the mural might look like. That that was indeed the old floral carpet that was in the park theater for many, many years. Um, we'll have a mural with a grand staircase. Uh, the concession stand, a commercial kitchen. Uh, here is uh the larger theater and way before we picked out our seating, that is indeed some of the seating that uh will look like that. This is where the sconces will go. Again, this will be 160 to 165 seats. And here is the rooftop terrace that will really be so unique to Lafayette and just such a wonderful spot. We don't have a picture here of the community space, but we know that will be really highly utilized by by city, by chamber, by nonprofits, by families. So, this is an example, and it's

probably too small for for people to see, but it was an example of the programming Cinema SF provided us back in March of 2024. That maybe was a little wishful thinking, but um if you want to look at the current offerings, check out the Beloa Theater website. In addition to current movies and throwback favorites, they host special events like comedy nights, thematic festivals, music nights, documentaries by local artists, including high schools and colleges. And perhaps in our case, they would consider a showing by one of our own city council members. And to show their commitment to Lafayette, Adam and Jamie recently spent two days here just listening. They met with a variety of organizations representing seniors, teens, elementary and preschool age children and their families, high school teachers, and city and chamber representatives. And we know they will deliver. So, created in 2019, our mission statement kind of remains our mission today. I won't read that for you. I think we've gone through it um in terms of where our priorities are. Um, so here is our question. Here's my question to all those listening and hopefully watching this in the near future is do you do you believe that the park can be a cultural catalyst for our greater community? And if yes, we would greatly appreciate your support. Thank you. If anyone has any questions, I'm happy to answer those.

Okay. Thank you. Well, thank you very much for coming to tell us about this this evening. Thanks for all the work that you've done since 2019. It's just been incredible. Are there any questions?

Just a quick one. Apologies if I miss it, but so what's the timeline? When do you think you'll be open for all this? Great. So the target is ear we're saying early 2027. Um we got held up a little bit in the permitting process and particularly over the holidays. But I also have to do a shout out to our the city staff the county even PG& has been really remarkable in terms of kind of pushing forward the project. So, uh, we have weekly meetings with Ora, our contractor, and we have a timeline that, trust me, the trust is very active in terms of making sure that they are on target. So, the target right now is um, it's supposed to be a 14-month project and we're pushing to see if we can shrink that a little bit, but first quarter. Thank you, Jim.

Is there any public comment? No speakers at this time here and during. Okay, thank you again for being with us tonight. Thank you.

Okay, we're on to our second presentation, Chief Williams. There it is. Hello. Good evening. Good evening, Mayor Andori, Vice Mayor McCormack, and city council members. Thank you for having us. Lafayette PD has had a couple of recent additions to the police department. I'm just here to talk about them and showcase our men and women here. Uh we had two new hires for Lafayette PD. We have Officer Baruther. He began his journey in law enforcement by attending the Contraosta County Basic Academy in 2020. After um successfully passing the academy, he spent eight months assigned to our Martinez detention facility, which is the jail in Martinez. He transferred uh to our patrol division in 2022. And during that time uh once he passed the FTO, our field training officer program, he spent four years um either working in Elsani in North Richmond out of our bay station in the west end or he worked out of uh our valley station which covered Alamo and Walnut Creek. Um he also was selected as a field training officer and he's back there. He has a trainee with him now who's in week two of his FTO of another four months to go. So, uh, that's great that he's out here training him in Lafayette. We love that. Um, Officer Bruther was selected to join Lafayette in January of this year, and his goal is to enhance community engagement and investigative skills. He chooses to work this Sunday through every other Wednesday night shift with his friend and co-orker, Daniel Harper. I'll get to him next. Uh, outside of his professional commitments, Officer Bruther is married to another fellow uh, deputy sheriff, and together they share a six and a half-year-old daughter. Uh, additionally, um, his wife is pregnant, eight and a half months, so uh, picked a good time to come to Lafayette and go off on some maternity leave on us, buddy. Um, they're going to name their son Henry, which is great. In

his downtime, Officer Bruther enjoys fishing, golfing, and taking their 130 lb New Finland named Hagrid on walks. Please join me in welcoming Officer Bruther to the Lafayette Police Department. We can make the dog a

canine like no. Hello everyone. Just want to say thank you for the opportunity. I'm really excited to be here and excited to be part of the community for years to come. Thank you. All right. Next up, we have Daniel Harper. Uh Daniel Officer Harper began his career with the Contra Costa County Sheriff's Office in 2021 after he graduated from the academy. Uh he was assigned to our custody services bureau and worked both in Richmond at the West County detention facility and also in Martinez at our MDF, the Martinez detention facility. Uh in 2022, he transferred to the patrol division where he was assigned to Bay Station and Valley Station, much like his partner. Uh since transferring, he's held various assignments, including he is also a field training officer. So both of our nighttime guys are FTO's, which is great. He's also a a pilot, a member of our small unmanned aerial systems, which is our drone team, which is great. So, we have a drone operator through him. Officer Harper is also a certified instructor, teaching at both the academy and at our advanced officer training dates. Um, prior to joining the sheriff's office, Officer Harper was in the US Air Force for just about five years, achieving the rank of senior airman. Uh in 2016, Officer Harper deployed overseas as part of the first security team to establish a new air base in Niger. Uh he returned for another deployment in 2018. Officer Harper looks forward to learning about the city of Lafayette and working with his close friend, Officer Bruther. Officer Harper and his wife Jordan have been married for one year and they have three dogs. Officer Harper enjoys golfing, snowboarding, and spending time with his family. Please join me in welcoming Officer Harper to the Lafayette Police Department. Good evening everybody. I just want to say uh thank you for having me. I look forward to the next few years I have with you guys.

Uh Lafayette Police Department recently got a youth services officer which is fantastic news. Uh our plan with this is to strengthen partnerships with our schools, the parents and community organizations, enhance our campus security and lead juvenile uh criminal investigations. a dedicated YSO, the youth services officer, is going to allow for proactive education, mentorship, and early intervention. Um, our um position is that the YSO will enhance campus security, help deter criminal behavior, a visible, approachable officer, which we're going to have through that man back there, will uh will enhance campus security, foster trust, improve transparency, and build positive perceptions of law enforcement among our youth. Increased coordination between our schools and law enforcement will support a better follow-up on juvenile cases and strengthen community engagement in addressing youth related issues. Now, I'd like to introduce our youth services officer, Tanner Blank. He joined the Contra Costa County Sheriff's Office uh back in 2021. Um, Officer Blank was assigned to the West County Detention Facility in Richmond and then he transferred to patrol in January of 2022 where he was assigned on the West End and Bay Station. Uh he's been with Lafayette PD since July of 2023. Um in January 26, he was selected as our YSO, which we're happy to have him for. It's been about a decade long hiatus. Officer Blank is also assigned to our SWAT team as a hostage negotiator. Um so he's going to be really good at talking with those juveniles. I hope so. Right. Officer Blank is also a defensive tactics instructor and a taser instructor for the sheriff's office. When Officer Blank is not on duty, he enjoys traveling with his wife, Paige, who's here joining him tonight, and they enjoy taking walks with their dog, Hank. Please enjoy uh please welcome me and joining U Tanner Blank to the Lafayette PD.

Thanks for having me. Like Chief said, I've been here for a little bit. excited to keep doing good stuff and very excited to get this program started after about a decade of absence and excited and looking forward to what we can accomplish going forward. Thank you. Yeah,

uh before I get to the next thing, sorry this might be a minute here, but I just want to recognize some of the people we have in our back wall here. We have Sergeant Plyer, who is our nighttime sergeant. Um yeah, applause for him for sure. Another Air Force guy. We have Andy Connley over to my right there. He's our emergency services coordinator. And we've got Danielle Wishan who is one of our CSIs. Next to Danielle, the gentleman there in the tie. He is our 2025 Lafayette officer of the year. And we're happy to have him. So, uh, Sergeant Plyer took many weeks and crafting up about an 8 to 10 page write up on him. I will not bore you with all of the fantastic things that he does, but I tried to make this in about 3 minutes, so please bear with me. Detective Pull was selected for Lafayette Police Department investigations uh January of 2025 and transitioned seamlessly from patrol to detective. From the onset, he demonstrated exceptional initiative, technical expertise, and leadership, quickly establishing himself as a primary investigative force within our unit. Throughout 2025, he consistently exceeded expectations, often operating independently under heavy case loads while delivering results that benefited not only Lafayette PD, but also multiple external agencies. Deputy Poland possesses a rare passion for criminal investigation and offender accountability. Unlike many investigators who rely on warrants for later apprehension, Detective Poland actively locates and arrest suspects, personally making arrests across seven counties in California throughout 2025, including one as far south as Orange County. It is not unusual for either he or Sergeant Pard to come walking up to my office and say, "You got a second? We got an outside warrant. We're going to go hook. Okay, where are you going to be? How many days are you going to be gone?" And these guys, they go out and uh it's great work that they do. Um a notable example occurred in July and August of 2025 when Detective Poland investigated a series of auto burglaries

involving a blue Mini Cooper. Through detailed vehicle analysis, our automated license plate research and DOJ coordination and inter agency collaboration. He identified the suspect vehicle despite repeated cold plating of the vehicle. Meaning the plate took the vehicle driver took off the license plate and put on another false tab on it or false license plate. It doesn't matter. That guy sees something and he will remember it and he will find it through other video evidence. He continued followup and led the investigation of the suspect through a citizen informant and a connection to Kulma PD where they also had a case and eventually arrested both suspects uh in Stockton after a lengthy pursuit coordinated with their Delta Rat team which is a vehicle enforcement team. Both suspects were booked on multiple felony charges and remained in custody pending prosecution. Throughout this investigation, Detective Poland demonstrated exceptional tenacity, analytic ability to coordinate with outside agencies, ensuring accountability despite numerous obstacles. His performance has been formally recognized in May of 2025 when he rel when he received a letter of commendation for solving a residential burglary and recovering two stolen firearms from unrelated cases. In August of 2025, he was named the field operations bureau uh deputy of the month for solving a robbery and multiple auto burglaries. Detective Poland has a strong foundation for his investigative success and did not require additional training for his assignment. He quickly demonstrated proficiency in search warrant preparation, database utilization, and advanced investigative techniques. His ability to track vehicles with or without license plate using ALPR data is exceptional. He has an extraordinary ability to recall suspects, vehicles, locations, and criminal associations developed through years of experience and continuous self-study. Yeah, something's going on here, huh? What's going on? In June of 2025, Detective Poland identified and arrested

a previously known fraud suspect and recognized months later while working undercover at the Art and Wine Festival. Seriously, there was a picture that we were looking for this guy that we had sent out track flyers to agencies and they were like, "Hey, we know that guy. He's done a similar crime to us." He walks outside from our command post. There's thousands of people standing around. Goes outside and starts scanning the crowd. Goes over to Sergeant Piler and that's the guy in our wall, isn't it? Sergeant Piler's like, "What?" And they went up and arrested him as he was coming into Lafayette Art and Wine before he could purse snatch or steal any wallets or anything. It's fantastic work that he does. Uh Poland, Detective Poland is highly respected by his supervisors, peers, and allied agencies. He routinely assists patrol deputies, detectives, and external partners without expectations of recognition. His willingness to mentor others and share his expertise strengthens both strengthens both individual performances and organizational capability. He maintains professionalism with suspects, treating all individuals with respect and impartiality. This approach frequently leads to cooperation and legally sound confessions. Detective Poland maintains a positive, humble, and mission focused attitude, never seeking professional recogni, excuse me, personal recognition. He approaches challenges with professionalism, resilience, and enthusiasm, enhancing morale and setting a standard for others. His calm demeanor and military background and diplomatic approach earn respect from colleagues, community members, and offenders alike. Detective Poland is an exceptional detective whose performance, initiative, judgment, and professionalism consistently exceed expectations. His contributions of significantly enhanced investigative outcomes for the Lafayette Police Department and our surrounding agencies. He is a highly valuable asset whose work ethic, leadership, and integrity reflect the highest standards of the Office of the Sheriff. I do not have the plaque back. Shame on me. I own that one. I I ordered it, but we don't have it yet. So, I'm sorry I don't have anything to

present other than a good handshake, but please join me in welcoming the 2025 Lafayette PD Officer of the Year, Detective Michael Poland.

Uh, thank you everybody for having me. Um, it's been a pleasure to join the Lafayette Police Department. Uh, I've enjoyed my time here. I've enjoyed working with everybody and uh to include you uh Sergeant Tyler. Uh it's it's been great. So, uh yeah, thank you. Thank you. And that's about how he is. He's in his head. He's already solved 14 other crimes. But that is him in a nutshell. Anyway, that's all I have. I'm open for questions, comments, concerns, gripes, and those things.

Okay, questions or comments? I have a comment. Uh, Detective Poland, I was at last year I was the mayor and we go to the Contraosta mayor's meetings every month and um, and after the chief told the story about catching the person at Art and Wine, I was able to re relate that to all of the mayors of Contracasta County and they all went, "Wow, thank you so much for getting that guy off the streets." So, you're famous. Thank you.

And I will say I was uh, volunteering at the Art Wine. I was at the chamber um office. We were we were doing the cash counting right next to the police and uh I came out right when he was being apprehended and that guy looked so surprised. It was uh it was delightful to see with a whole bunch of uh of Lafayette police around them. So, but anyway, it's terrific and thank you and all obviously the new we really welcome the new the new members of the force. It's a terrific uh uh team. We're very proud of you guys and um thank you for taking care of us. Just real quick, I just want to thank you all for everything you're doing for our community and keeping us safe. I'm glad to see the Air Force well represented, but uh you know, all of you are doing terrific work and uh thank you so much for everything you're doing for Lafayette.

Also, thank you to everyone on the police force for your service and for keeping us all safe. And thanks also for looking out for the kids. I appreciate that that new new um position. Thank you. You're welcome. Thank you. And it I I I just hope all of you know how appreciated you are by the council, the staff, the entire community. We're very fortunate to have a police department of this quality looking out for our safety. So, thanks to all of you. And is there any public comment? No public comment at this time, Mayor Endury. Okay, thank you very much. Okay, good night.

Okay, so we're on to the consent calendar. Would any council member like to pull an item from the consent calendar? Would any member of the public like to pull an item? No request to pull any items. Okay. Can I have a motion for approval of the consent calendar? So moved second. All in favor? I I It's unanimous. We're on to item 14. Um boot truck activity in downtown Lafayette. City manager Svatza and Heather Ward, management analyst.

Good evening, mayor and council members. I'll briefly summarize the staff report and elaborate on a few additional details. On January 14th, the city received a request from the Chamber of Commerce asking the council to review the increasing presence of food trucks operating along Mount Diablo Boulevard and to consider whether an ordinance or parking restrictions would be appropriate to regulate food truck activity in the downtown core. staff first developed a downtown food truck information survey and spoke with each food truck operator. Three food trucks are currently operating in the downtown commercial district. Spicy Burrito, Labakina, and the Hummus Vedga. Spicy Burrito has been operating in Lafayette for over three years. The other two trucks for less than six months. Last Wednesday on February 4th, staff notified all three food trucks that the council would be discussing the topic of food trucks at tonight's meeting and provided written copies of the agenda and staff report. The electronic copies were provided the following day. I'll provide a brief overview with respect to county and city regulation of food truck operations. Now with respect to the county food mobile food facilities are regulated by Contraosta Health with which issues and annually renews mobile food facility permits. After completing the food truck inventory staff requested the Contraosta Health confirm whether the three food trucks currently operating in downtown Lafayette held valid mobile food facility permits. On February 3rd, the county informed staff that none of the three trucks had valid 2026 permits. The same day, city code enforcement submitted environmental health complaint reports for each truck. The county has not yet provided staff with an update regarding the complaints or next steps, and all three food trucks continue to operate.

Now, I'll speak to city regulations and enforcement actions. As noted in the staff report, the city of Lafayette does not currently require business license or mobile food truck permits. With respect to parking enforcement, parking enforcement operators routinely monitor food truck compliance with city parking regulations. I'll provide one update to the staff report. Um, the city has issued two tickets to one of the food trucks for failure to pay a parking meter. Both tickets have been paid. Neither the police department nor the city's transportation and circulation program manager have received complaints regarding parking congestion related to the food trucks. This does not um include the written comments received. I'm speaking to things that are separate from the written comments with respect to that comments with respect to code enforcement. Code enforcement staff has have responded to multiple complaints involving food vendors placing tables, chairs, signage, and other objects within the public right of way on sidewalks. Um, vendors have generally been compliant when contacted by code enforcement and instructed to remove those items. However, staff have observed repeated occurrences of the same vi violations. Code enforcement has not received complaints related to noise or garbage emanating from the food trucks. I'll briefly touch on the issue of sales tax which was not addressed in the staff report. The California Department of Tax and Feed Administration provides very clear guidance to mobile food vendors on reporting sales tax. There is a great um mobile food vendors tax guide which CDTFA provides that answers a lot of basic questions about what you need um to charge taxes for, how you report, how you pay the sales tax. It's very comprehensive. Um it outlines of course that mobile

food vendors are required to register for a sellers's permit and report sales tax based on the location where each sale occurs. If vendors under reportport or fail to report accurately, they may be subject to an audit by CDTFA. Um, in summary, the staff provides a very initial review of food truck operations in Lafayette bounded by the nature of the Chamber of Commerce requests. Um, I'm happy to answer any questions and staff is very happy to take direction to further elaborate um and evaluate and explore this issue. Okay. Thank you. Are there questions?

Thank you. Thank you for the report. It was very helpful, I think, just to kind of see it all in one place. What's going on? Couple questions. So, you mentioned that uh code enforcement's gone out and evaluated the current state of the health certificates or the county health certificates and none of them are currently active. Is that what I'm none of them have 2026 valid permits. They have told us that they have pending applications, but in terms of drafting the report, we since the county is the enforcement agency, the staff report relies on the county to tell us where they are. And I checked in with the county again today. They didn't provide a response, but the county has said that none of them have active 2026 permits. And so enforcement for that, is that the county's responsibility? The countyy's responsibility.

Okay. the county contra cost of health their environmental are we is the plan to follow up as long as they do it and would somebody make a complaint to the county if there was you know

there is so we the code enforcement officer sub there's an online environmental health portal in which you can submit complaints and so the code enforcement officer submitted a complaint and so we understand anecdotally from speaking to one of the food truck operators that the county visited last week but when I reached out to the county to ask them for an update. They haven't gotten back to us. So, we'll continue to check in with the county, but they are the ones that have the enforcement role and then code enforcement can continue to check in with them as well, but they are the ones that monitor the issuance of the permits and that they're annually renewed.

Perfect. And then on the sales question of sales tax, I think that is a question that I get asked. asked, you know, do do the do the food trucks pay Lafayette sales tax? So, it sounds like you've you've done the research and they are supposed to. Supposed to. Do we know if they do or is that still

We don't know if they do. Um, when I looked into the issue, it says that the city can obtain limited sellers permit regist registration information from CD TFA through a formal authorization process. Um, so we can request that information if we do it formally. Um, state law does not access allow cities to access tax return, sales data or audit information. And so we can look into more and talk to CDTA about what we can do to validate. There are I did read um that there have been some instances where cities have established their own mobile um permit systems and they've requested that the food vendors self- validate that they're paying taxes. But it seems very much on both ends. This the state end and then where cities have had this permit a localized permit very much an honor system but audits can be done but we can investigate this

rather but they are required to do so. Yeah. Great. And then finally uh you mentioned the fact that Lafayette doesn't have a business license. So, you know, you hear sometimes, well, if we had a business license, that would solve this problem. And just having a business license wouldn't necessarily solve this problem because they could just get a business license, right? So, or not, they still whether they have a business license or not, they're still supposed to be self-reporting. Yeah. Perfect. Great. Thank you. I thank you. Um, do we know if any of our neighboring cities have any sort of ordinances for food trucks? Okay. I think um conquered, Martinez, various cities have them and have been exploring them, but for the purposes of the staff report, we didn't do any elaboration on them, but happy to. But there are some around.

There are some around. Excellent. Thanks. And maybe segue from that question. Um I don't know if you've talked to other cities like the ones that have ordinances place or maybe not. if the if the issues that have surfaced here in Lafayette are kind of similar to what other cities have dealt with. Is that I can't believe we're like the only community where this local businesses have raised a question. I'm wondering if if in conversations you picked up anything.

Yeah, again we haven't done a deep exploration into that issue. I think um some cities have um restricted food trucks to certain locations in response to some complaints or concerns from business. So, it's something to look at, but I don't have enough of I haven't explored it enough to provide anything conclusive in a response. Yeah.

Yeah. Thank you, Heather, for this comprehensive report. Um, I've seen a coffee pickup truck trailer on occasion. Um, maybe I just happen to catch them a couple few times they've been in town, but um, is your is your list of three based on kind of a survey over weeks? Her understanding is that the coffee operator sold her business back in November and hasn't been and and the new operator hasn't returned to this area. Okay. So, your experience is it's really just these.

It's really just these three. Um, so yeah, our understanding she the operator had spoke to code enforcement, told code enforcement that she was selling her business and wouldn't be back. I also contacted the cousin I didn't the cousins lobster truck because they're here on occasion as well. The person I spoke to there said typically they're only in Lafayette once a quarter, so I didn't include them in the report because they're not a regular downtown food truck. And are they invited by a I want to say maybe they were in Roundup's parking lot or

I've seen them um in front of Trader Joe's a few times is when I've noticed them, but I think there have been food trucks that have participated in various events like um the what is it called? A a's recreate in the park event on Sundays, I think, had invited food trucks to the Oakbridge parking lot a few times. There's there have been city events where food trucks have been invited. And so again, that wasn't specifically raised in the chamber letter, so we didn't address that issue, but we can further elaborate. I understand historically there's also been some interest um in having food trucks in different parking lots within Lafayette for different specialized events. And so there's been discussions about having food trucks at the national night out that is done at the summer. So there has been I think interest in food trucks purchasing definitely at different specialized events. Okay. Thank you.

All right. We'll open it for public comment. Anyone who wants to comment in this manner will have up to three minutes. Okay. I have a number of speaker slips. I'll call you one by one to the podium. You'll have three minutes. If I mispronounce your last name or just cannot read it, uh, please feel free to correct me when you come to the podium. Our first speaker is Sonia Noabi. Hello. Hey, welcome.

I'm Sonia. I'm the um the owner of 360 Gourmet Burritos and Oasis Cafe. I've been here in Lafayette doing business for the past 20 years. And I'm here to discuss about the food trucks been um been here doing business and uh by uh Trader Joe's in the past six to eight months and I have seen uh um drastically my sales has dropped about 30 to 35%. Um my store is uh just on the outside side of the other town and it's a fast you know casual restaurant and I solely depend on the lunch rush. So it's uh drastically has affect my business and it's just not they started coming one food truck and now it's up to three and they stay from 9 in the morning till 6 pm about five to six days a week. which is a lot and you know as a small business owner I'm having so much overhead paying you know employees payroll rent so I don't think that's fair for them to just park there all day long and take away our uh you know portion of business which is affecting a lot so I'm not the only one as there's some other businesses being affected too so um it's just becoming a concern u so we can do something about it if they cannot just stay there five six days a week and from morning till evening and they don't even fit the part the meter so uh if we can do something about it in the past I had about three four months ago I had called the city of Lafayette you know expressing my concern but they didn't want to help out and take it further so I want to see what can be done

so That's about it. Okay. Thank you. Are there questions for the speaker? Just a quick question. Thank you very much. So, your sales are down 30 to 35%. Yes. Over how long a period is that from the last six months or

Yes. It's about since uh I mean, you know, the economy is not doing so well overall, but having the food trucks not not only one, but now it's they keep on adding up up to three. So it's just you know just the sales are dropping and dropping and it's affecting my business I think because I solely depend on construction workers they come for lunch rush and they just go there you know they get get their burritos or tacos it's it's affecting me a lot to be honest I don't know any other restaurants obviously it's affecting them too but 70 to 75% of my business is lunchtime so they're there and just taking away our uh business and I'm there paying sales tax, you know, employees and overall. So, it's just it's just uh I don't think it's fair and something has to be done.

Thank you. Yes. Okay. Thank you very much. Maria Gastamundi,

I'll pronounce my last name. Zikas. Well, I'll find you. Go ahead. Okay.

Hi, everyone. Council mayor, thanks for uh having me uh come speak a little bit. I'm Nico. I own Rancho Cantina in Lafayette, right across from Diablo Foods. I think my speech is going to have a lot of numbers attached to it. And I'll start off with first of all, we're very proud to be a business owner in Lafayette. My wife and I, we bought the restaurant two years ago and um you know, if anyone's gone through an SBA loan to try and get a business, it's like a very bad root canal. Okay, that's the best way to describe it. So, I welcome any other restaurants in town. They're all my neighbors. They're not my competition. Anyone that gets through that process deserves to do business and make money in this town. Having a food truck, a Mexican food truck across the street from a Mexican restaurant to take some of the business away is is poor judgment. And my worry is 10 food trucks will be in front soon. And for us, you know, the restaurant business, our margins are five to 15%. And and as the business goes down, you start losing an employee for lunch, you start saving labor on the weekends, and you try and figure out how to still continue to make business. So, um, the food trucks that come in with a permit and start selling, even if they don't take as much from me as they do from Maria or the Oasis or 360 burrito, that's all lunch business. Even if they take a hundred bucks or 200 bucks a day from the restaurant, that adds up over time. Um, and we have right now 22 employees and if business starts to go down in the wrong direction, you know, as a business owner, um, we have to start cutting labor. We have to make adjustments to the menu. We do all the stuff we have to to continue to make money and pay the bills uh of running a business in this town. So, um again, my worry is if this

thing gets out of hand and it turns into a street that has 10 businesses. We spent $28,000 last year in marketing. So, people think a rental cantina when they want Mexican food. And when they come out of Diablo Foods and they see a food truck there instead of us, that's not helpful. Um, you know, and like I said, when we came to this town, we've donated over 25 gift cards to the local schools and the elementary schools, and we're giving back to the community, and and we want to stay in in business in this town. Um, you know, I think it's probably not helping having food trucks out front. That's about it for me. Okay. Thank you very much. Other questions? Okay. Thank you.

Thank you. Maria, welcome.

Thank you. How do I make this thing work? Am I I don't um Maria Gasteldi, you don't have to remember that. Um I think the two other restaurant owners spoke extensively about the damage of the presence of food trucks are causing to the small business community. I am going to focus more as a person in Lafayette as a member of the community in Lafayette doing voluntary work for two committees and speaking about issues in the community. Um this food truck problem is creating a collusion with our work especially at the ETF. We are trying to promote move the small business community into uh more reusable to reduce uh pollution and and garbage creation. It doesn't help to have these polluters in front of us. creates a discontent from these recipients of this communication from the ETF and lack of response because with one hand we are trying to talk a language that is a little foreign for them and on the other hand they are calling the city about the food trucks and they don't get any response. So it's very difficult for us to accomplish anything uh moving forward. Not only that, but the city is not paying attention that we have a proclamation that Lafayette is an idol-free city. The food trucks are idling permanently there for all the time they are there. Not only that, we already have regulated the gardeners blowing gas in the garden. Now they have to do it an electrical way.

What about the food trucks? They are blowing for eight hours gas. Today, as I was driving by Mont Diablo Boulevard, one of the trucks had a red bucket with gallon under the in their generator running their generator. So, are we going to pay attention to those violations? Are we going to take action against those violations regardless that they are taking business from us? They are also contributing in this terrible thing of pollution. Every day we hear that air quality is not good. We don't have any fires around but the air quality is not good in winter. We need to work together. The city needs to support us in this endeavor. dragging our work at the ETF because we encounter these contradictions is really not help. We count on you to take the right decisions. Uh something that the health department had told me is the authorized food trucks sorry one more minute to stay for an hour and a half. They are food trucks. That is what the health department had told me.

Okay. Thank you very help us. Thank you. Are there any questions? No. Okay. Thank you, Gia Escoal.

Good evening. Thank you for having me. Um I uh we I am kind of the creator also of Laikina Mexican Cuisine, one of them that you listed. Um, listening to the owners here, I respect their opinion. I'm sorry, creator of of Laikina Mexican Cuisine as well. Um, I'm 17.

Um, I created the business to kind of help also learn more about my like about myself and the business aspect and for college. And I created it to help me pay for college as well. Um, as I said, I do respect their opinions and all of that. Labikina usually stays there from Wednesday to Saturday from 11 to 3 p.m. And from the garbage aspect, I myself go after school to make sure that our employees are cleaning up correctly and making wise decisions and to not violate anything that the Lafayette city has like endured for rules. Um, I also make sure over the weekends as well when I have time to go and to make sure that nothing is out of the ordinary, nothing is weird. We just try not to violate Lafayette because we respect each business there. And I I truly don't want anything to be a competition in between any businesses. And I do apologize if other food trucks have been taking business away also from these people. And I I do respect them and I I like to respect everyone in the Lafayette community, but I also just think that I wouldn't want my food truck to be a competition with anyone. I just think my food truck would just be efficient and quick just for those who just don't want to sit down and have to wait the time to wait at a restaurant fully. Um, as I said, our food truck was not meant to be a competition. We just wanted to serve the food we love. It's what we love doing. Me and my family love to cook. I mean, that's all just all love, you know. And yeah, um I'm grateful that Lafayette has given people the opportunity to be able to sell food. But yeah, as I said before, we try to ensure that we leave nothing behind, no garbage, anything. We pay we pay the meters as always. I make sure of that

myself. Um, even when I do work there with my fellow employees, I make sure that everything's up to date. And yeah, I really don't think it should be a problem with us. At least we're only there for at least 4 hours. And we leave, we clean up, we make sure I make sure myself outside that we leave nothing behind, everything's locked. And yeah. Thank you. Are there questions? Yeah, great. Uh, thank you very much. And, uh, so you are just to confirm, so you are the owner or you're the the kind of the creator obviously. It's under my father's name since I am a minor. Okay, very good.

Can you um since you do know the business, um, do do you know are you familiar with how the sales tax works and do you know are you are you putting Lafayette as your sales tax or or Yeah, we do pay taxes and we do have a permit for that. Right. And you've do you know can you confirm that you have do you have Lafayette as your location when you're paying the sales tax or do you know I don't put you on the spot. I just didn't know if you No. Yeah, we we do put it as a sales tax for Lafayette. Okay, good. And um you you say you're there 11 to 3 because it feels like when I drive past Mount Diablo I do see the truck there early in the morning, but you're only open 11 to 3. Is that how that works? Yeah, cuz we kind of just start setting up to ensure like nothing is in violation or anything. like we make sure everything's clean before we serve food freshly and then we do open at 11.

Thank you. Yeah. Okay. Any other questions? Ju just one. Have you uh filed your application for your 2026 permit with the county department of health? From what I know, all our permits are up to date, especially for 2026. So, you have filed and received. We have filed the permit for 2020. But you have not yet received the 2026. Yes, we have. We have received it. Yes. Okay. Um earlier this month, I think.

Yeah, I have the receipts. Yes. Uh when I I sent the pay, they told me I have to fill it up the application. I fill out the application again and they give you the receipt today. So, I have all the permits and everything paid for. Yes. Okay. Thank you very much. Any other questions? All right. Thank you. All right. Thank you for your time. Next speaker, Cher Sheila Albert.

Good evening. Thanks for hearing me out. Um, I want to say that I'm a very strong supporter of the food trucks in your city. I am living in conquered and I have discovered your city through the food trucks. I know humus bodega in San Francisco had lived in San Francisco and loved them and then when I moved to conquered I found out that they deliver through door dash to conquer because I love it so much. I have also come to uh Lafayette for in the purposes of the food truck and have discovered several other restaurants and several other businesses through the food truck. I'm happy to know that your city has had interest with special events and inviting the food trucks for those special community events. But I want to say as an outsider but in the Bay Area, the East Bay area, um this has attracted me to your city. I hadn't come to your city once at all before, even though I have friends who live here. It was the food trucks that brought me. Um, I also want to say that, um, having come from a very small town in Oklahoma, it seems like a very wondrous thing, a food truck, because it reminds me of the street vendors that you see in New York City. And as I understand, all the larger cities around have places for their food trucks and encourage the food trucks. Uh, and it's a very popular thing, especially for young people. But it's the thing to do is to have a food truck to be a an independentlyowned small operation just as we heard for this Mexican restaurant. Uh, but also uh for an agent that has another standalone brickandmortar, but to have a food truck at somewhere else. So, I think it's important for the city, excuse me, again, that whatever's in the air. My

little city in Oklahoma uh had an opportunity to have Hallebertton come back in the day when this we had the boo the big uh oil bust or oral boom. Hallebertton was invited, but the city fathers in our little city denied that. The population at the time was around 2500 as I understand it from city lore. the population was about 200 and then there was a neighboring community also around 200. Hallebertton went there. They now have a a a college and many many other businesses. And so I feel like that when a city denies a business or a type of business to come, you should think very long and very hard before you deny, especially when you want to be inclusive of other cultures like these food trucks are. You want to uh encourage people to come. You want to encourage small businesses because even in this day, the backbone of all of America is small businesses. And this could be just as we see as our beloved lady here with a Mexican restaurant. This could be her entry into a business that will grow and grow. So, I completely support. Thank you for your time.

Thank you. Questions? Oh, yes. I'm sorry. Do you have any questions or comments?

Okay. Thank you very much. Next speaker is Natalie Ben. Hi everyone. Good evening. I apologize that I didn't write anything out. I hope that's all right. Just going to speak from the heart here tonight. Um I'm a local Lafayette native. I've lived here my entire life for 30 years. My father came to Lafayette in the 60s. He owned multiple businesses here over the years. He passed away. Um, but fortunately, he built such a wonderful community for me here that I have always been able to continue to call this home. And I'm also a proud member of the local Jewish community here. And I, for some background, happen to also work in the food industry. I transition to that about two years ago. And I work specifically a lot with event planning that can span from anything to small events, massive events with hundreds of people. So I understand a lot of the nuances that go into this space. And I am someone who even though I cook a lot for myself, sometimes I don't have time to do that. You know, I'm cooking for so many other people that sometimes I just want to take a load off and pick up. And I do support a lot of restaurants here in town. Always have. I'm a foodie. And sometimes I don't have the time to sit down and do that kind of thing. And something that has been really special particularly, and I've supported all these food trucks, by the way, but something that's been particularly special for us in having hummus bodega is that it is the only kosher food option in this entire area, not just Lafayette. Um, the Jewish community that lives here really goes through great lengths to be able to get kosher product. We're fortunate to now have a a little bit more access with the the kosher store that's in Kabad down on Golden Gateway, but it's very limited

and none of that is ready to go hot food. And they also have their own limited hours. Ever since hummus bodega popped up here, it it felt so special. life that I couldn't believe that we finally got something like this. Um, the closest thing we can go to for other kosher options is Oakland in San Francisco or in the South Bay. And I personally know many, many people in the community that go through great lengths to have to be able to provide kosher food that's hot and ready for both their families, their homes, for events. And ever since they've come, it's really solved a lot of those issues. and we would love to keep business local and not have to bring that business to other parts of the Bay Area if we can keep it right here. And um I felt so fortunate that and proud that in Lafayette we finally got to be the place that established the kosher business here. Um, we're aware, I'm aware that there are other um, businesses in town that serve relatively similar Mediterranean cuisines, but we're the only one that is kosher. And that not having that would gravely alienate an entire population that has long been wanting that in this entire area. I know people from all over the Bay Area, not just the East Bay, that have come explicitly to Lafayette just to benefit from this truck. So, I know that it's bringing a lot of joy to others and to myself. I would love to see this continue to stay. Um, if you have any questions, I'd be happy to answer anything. Um,

thank you very much. Are there questions? Yes, just a quick one. Um, we did get a lot of letters in for that that particular food truck and um I I believe it's one of the ones that's in front of Trader Joe's now with where the other ones are. Would it be viable in another location perhaps like closer to the store on Golden Gateway? Just throwing out ideas or is the is the location of it really super important?

I don't work for the truck so I can't speak on behalf of them of what their ideal situation is. I do know that the truck used to be in front of the the big kosher store, but it had very limited visibility there and access. Um, it's not a secret that that main part of Mount Diablo, you know, near Wells Fargo, Trader Joe's, Diablo Foods, is kind of the heart of the city and where most of the attraction is. I will say, as someone who's lived here my whole life, and I actively drive a lot, most people never want to park at that little strip that's right there because it's it's hard to parallel park without obstructing traffic. And so, I don't personally find that it's a nuisance for me in terms of parking. Um, I also live closer to that side of town, so for me it's more accessible. But I think that in general, not to not that I can speak for everyone, but I think most of the community members that are supporting this truck would come regardless of wherever it is, as long as it can be in the area and be accessible still with parking, you know, that's available. Do you have any other questions?

Thank you very much. Thank you so much.

Next speaker, Lisa Dbro. Hi there, Lisa Disbro. Um, one of the attractions from the surrounding berry area to Lafayette is the um, eeries, right? And you guys do the uh, the taste of Lafayette. And uh I was there um one evening watching all of that. Tons of people involved. And I I just want to remind you of the slogans that I'm very familiar with coming out of uh Lafayette for the last at least five years. Diversity is our strength. All are welcome. And love Lafayette. All three of these businesses are trying to do that. They reflect diversity. And as we've noted, we've had a boom in u mobile services. I was surprised you could get your windshield repaired. I never knew that could happen. Um dog grooming, deli, uh laundry delivery pickup, and uh pet grooming. That's happening all over. And people are so busy these days that they need these sort of support services or at least it makes life a little better, right? Um so I want to mention that um food trucks are less expensive. I've been to most every restaurant in Lafayette because I love to eat and it's expensive and there are times I can do that and there are times I can't. And I know for a number of our uh students and our families picking up something on the way home

from football practice or going to football practice or blah blah blah. A food truck is a real slick answer to that. What are we having for for dinner or the kid is hungry? And it's a healthier option than some of our fast food restaurants. And then I just want to remind you, I'm I'm the daughter of a small business owner, so I know about competition. You have multiple gas stations in this town. You have multiple grocery stores in this town. You've had many restaurants for a long time all competing with each other. That's the nature of business. It's competition 101. And it's as I in my my family, it was feast or famine. You have to find a way to survive and make make it work. And that's the life of a of a business person. So, I'm for the food trucks and I hope that you remember that diversity is your strength and that includes food trucks.

Okay. Thank you. Are there questions? Nope. Thank you very much.

The last speaker I have in the room is Brian Parsons. If there's any additional speakers, please fill out a slip and give it to me now. Good evening everybody. Um I'm Brian Parsons. I'm with Vibrant Lafayette. Um I want to talk briefly about the food trucks. We're kind of in a different position where we're seeing something that's missing in in Lafayette and um we want to protect our small businesses. Um but we also want to encourage vibrant new things that draw people to downtown. Um, right now there's nothing doing that. The Chamber of Commerce is great at protecting the people who are part of it and and we love that. It is hard to start a small business and I envy y'all for doing that. Um, but we also need a pathway for these food trucks or something else to become local and really part of the community because we want them to bring their revenue to our city. Um, so kind of I I love the idea of these being here, bringing excitement, something new. I've gone to Hummus Bedga three times already. Um, even when it was at the little kosher market. Um, I love good food. I've told people about it. I went there. Um, and it was cool to see something new there. Um, but I Yeah, I'm getting a little bit off track and I'm sorry. Um, but what we want to see is kind of a program or a group within the city or or some new entity that can help find new pathways for new businesses to start up that are needed here. Um, you know, we've heard there's not a kosher place in in miles. Like that's an unmet need. There's data out there that could support that and other businesses that we need that complement the owners who

are already here, not just who shows up first. Um, so we as Vibrant Lafayette want to do something to help make that happen. Whether it's a commission, whether it's an economic development forum, maybe it's partnering with the chamber, but there needs to be some sort of way to help entrepreneurs and small businesses get through and get a place here so they can be part of the community. Um, we have been in touch with um, Curbline. We we fought tooth and nail to get them to talk to us and we're talking about, hey, can we get something in Lafiesta Square with food truck popups or a pop-up park, something um but we want to be part of the solution here to to get cool and interesting business here while supporting those who have already been here and drive more traffic to them. So that's all I have to say.

Thank you. Questions? Thank you very much. Our last speaker is Laura Man.

So, my name is Laura Magcoo and I'm the owner of Rev Beastro here in Lafayette. Um, I'm also a member of the Chamber Commerce Board, but I'm just going to speak uh briefly about um owning a restaurant in Lafayette and um I am an entrepreneur. Um, my husband and I started Rev 10 years ago on our own. I appreciate and I'm so impressed with you starting a food truck. I I wish you were my kid. I would be cheering you on and um but I think and I think having a kosher food truck um it's great. You know it but I think the reality is is right now we have three food trucks. What's going to happen when we have four, five, six all lining downtown? The expenses of owning a storefront in downtown Lafayette are extremely expensive. The people that are in those buildings pay a premium to be there. Um, it's you speak to minorities, the restaurant owners, were minorities. Um, and so I think that there is an unfair advantage by not having any kind of rule or regulation on who can do business downtown. Um, the restaurants that line downtown, again, they're paying 20 $30,000 in rent. Um, and so then you have a food truck come and park in front and then leave. So, I think that one food truck or that other food truck, maybe it's a wonderful food truck. There's nothing wrong with it. But again, what if when we have 5, 6, 7, 8, 9, 10 lining our corridor? And I think that's where the council and the city really need to take a look. It's not about one food truck. It's what's a rule

that will work. What about providing a food truck place? What about finding a solution? But um I I don't think we can focus on an individual food truck. It needs to be a policy that works for downtown. So that's what I would like to say. I'll answer questions if anyone has one. Thank you. Questions? Thank you very much. That was our last speaker. Okay, we'll bring it back to the council and open it up to comments and discussion.

I I can start if you want only because I've been working I've been working with chamber on this topic for um six nine months or something like that. So um so it's great. I appreciate I think it's great for for the conversation to get more public. Um I could just offer a couple of of things that I found um just my research but I don't it's my opinion or what I found but I think staff would be the the final arbiter of this is um is actually quite difficult and unusual to put true regulations around food trucks. It is actually um very hard. You it's not you don't really you can't really say you can't park a food truck in this block or this two block thing. Um most um most cities don't. you can um so that's just a thing to kind of uh I think realize as a city it's a big deal because they're a legally operating business and because they're legally operating business in California you know as a city we don't really we can't prefer one over the you know one kind of business over the other assuming it's it's meeting all the objectives so that's that's something I think for us to I'm not a legal expert that's just what I've in my reading so I just want to kind of put that out there it can be difficult I think to do specific regulations what I think is um important though is there are the laws that are in the books. We should make sure that they're followed, right? I think it's really important that they're, you know, have a health permit and have things that are important. So, that that's kind of that's a um it's a challenge because I I I hear the um I know how expensive it is to own a you know, a business in town and restaurant. It's very very expensive and the food trucks have certain advantages and certain disadvantages. Um but um but I think if you look around and really study what actually the regulation is around there's not actually that much when all said and done that you that as individuals can city can do um around food trucks as far as like you can only be this part of town not the other.

Thank you for the background because we haven't researched it yet. But I guess the question here tonight is that do we want to even look at these things? is that that's that's what I'm thinking is the idea here tonight. And um I'm definitely in favor of of learning more about it because I don't have your knowledge of it yet. Um I would like to know what the city can or can't do and understand our limits if there are limits and um and then that helps educate our public as well. So I'm I'm in favor of of looking into this if there's a willingness and ability by staff to do that. Thank you. I think I think I'm with um Council Member Kandell on this. I think I've got probably more questions than I have feel like I have any answers at this point. I'm really sensitive to the issues faced by small brick-and-mortar businesses in town where you got to pay a lease and you've got a lot of fixed costs and uh you know when someone says that their sales are down 30 to 35%. That's a lot and uh can appreciate the margins that these businesses are operating under I think the last thing we'd want to see would be just a series of uh spaces emptied and for lease because they just can't compete in this environment. I'm sensitive to Yeah, maybe you got three trucks right now that are sort of like the the core. Uh someone raised the question about, well, what happens if you got say seven? I don't know. Um I mean, does it is there a tipping point in terms of the vitality of these of the restaurants that we've got in this community? I'm concerned about that. I I was asking questions earlier about like what are other cities are doing because we're not the only community in California that's dealing with these issues. It'd be helpful to get a better sense of like what's out there. Maybe there's a smarter answer than I could think of. Um I would just like to learn more and I can appreciate

Vice Mayor McCormick's comment about the challenge of regulating. I'm not sure I want to go whole hog in regulating things honestly, but I just want to know have a better sense of what what are the options. Are there approaches that other communities have found that might be you know valuable for us to consider? So I can offer um so Moraga is I Moraga is about a year ahead of us at this point. They are um their council it was one of their 2025 council priorities was like regulate food trucks. Um and so um their their planning department has uh has gone off and um and uh kind of put together the different options and did a staff report very similar to this. And uh I would suggest we could probably find see they're see they're about ready I believe in the next meeting or two they're going to they're finally going to come back with a set of reg of suggestions. Um, I'm not going to say what they're what they're going to do because the probably wait for the um their council meeting, but I think it might be something for um us to monitor and then report back because they did a lot of the the um the leg work and uh the staff report that they put together actually had the list of regulations that are actually around surrounding cities. And again, there's if when you dig in, there's almost none. It's but it really is about um making sure that the laws that are on the books are enforced, which are considerable. I mean, if you have to have a health permit and you have to park legally and you have to feed the meters and you have to keep things clean and whatever, that that's that's really important. So, that's what a lot of it came down to. But, I think we are a couple weeks away from having Moraga at least give their feedback and then we can kind of take that as input um into seeing out seeing what's um what's available.

Yeah, I'm I'm all for going to school in Moraga. Yeah. Um yeah, that's great, Council McCormack. Thank you for for that information. I think yeah, I would definitely support staff coming back with an analysis including Moraga's found out. Um I would really be interested in what the options are for having like a clustered site option. Um if that's something that that we are able to do um and then if so what would be some options some location options?

Great. I can give you a little update because Arinda has got that. If you if anybody's done Arindda, they've got a food truck night um Thursday. They're all cluster around the library and um I so my original when I started doing this like oh is May Arinda's regulating food trucks and that's what they kind of said you can be here on Thursday do whatever and it turns out talking to Arinda there's no no specific relation they actually seek out to bring the food trucks to that area on Thursday to have people come. So, so it's not really they're not restricted. They're like do what they ever they can to bring the food trucks as a um as a treat for the the um the residents. So, yeah. Yeah. I think that's I think a lot of times you see the clustering, that's what it is. It's we're seeking to to bring people there.

Yeah. I'm thinking of more formal um options that I've seen or setups that I've seen in Portland, Oregon. Granted, it's not California. Um also in Hawaii, they're often parking lots um setups where there are multiple food trucks who are there every day, the whole day. It's just sort of an equivalent of a brick and mortar. It's just unique and customized for food trucks or mobile trucks.

Yeah, I'll just add to the information. There were a couple of articles in the Chronicle towards the end of last year about um cities in the Central Valley that had u vacant lots that were dedicated to food trucks. and uh the food critics of the Chronicle were very excited about the the options that were available, but I think we're a little different situation. So, let let me just say for everyone who's been listening to this, obviously, this is the first time that this has come to the council. So, we're hearing this information, at least some of the council members are hearing this information for the first time. So um I'm sure no one is expecting us to hear this questions been raised and have ready answers. So no surprise we don't have ready answers. So the question is how do we proceed and one of the options that was given to us was may choose to take no action at this time. I think uh from what I hearing is that we do want to uh direct staff and then bring it back to the council. So there seems to be two different levels on which we can approach this and uh I'll raise one that that was raised but I'll raise it this way. I think one of the things we've heard is to the extent possible we at least want the food trucks to be on a level playing field uh with the brick and mortar restaurants. Obviously they're not paying rent or all the the other things but they need to comply with uh regulations as they exist. So, one of the things we could do would be to uh ask staff uh to follow up um on the permits, you know, continue to follow up to make sure because at a minimum, I'm sure that we don't want any food trucks on our streets that don't have the permit from the county health department. So, we follow up on that. And then I think it's very important that food trucks that are

spending most of their business day in Lafayette are paying the sales tax for Lafayette. So uh number one I suggest that staff uh you all have gone to each of the food trucks and given them the information about tonight. I think it would be useful to go to them and give them the mobile food truck uh sales tax guide. Um, and then also do follow up with the the state to see if they're paying taxes because I think that's something that comes up. I think out of fairness, we want to make sure that these businesses that are spending this much time in our community are paying their sales tax here. And then in terms of going forward and finding out um, you know, what what can be done, I put it in terms of finding out what others do. and we've heard Moraga and Conquered and Martinez uh which have different approaches. It's interesting. Um but then also it'd be useful uh to have the the city attorney involved and see what our legal parameters are. You know, there's a practical side, what we might like to do, what can be done, but also I think it'd be useful to know what the legal parameters are. What could we we if we want to take action? So, I mean, those are the things that I'd like staff to look at. Is there anything to add to that?

The only other thing I was thinking I think it's great to have staff. I think it'd be worthwhile to have I mean, a minimum I think just a list of the of the uh the rules that the food food trucks need to follow and make sure that we let the food trucks know, you know, that we're like they got to feed the meters. They have to keep things clean. I mean, I think they they're doing it generally, but I think it's I think it's helpful because um you know, we have heard some some complaints about that. So, I think that's a minimum to make sure that uh that there's there's some sort of best practices or our expectations as a city what we expect.

I I skipped that. Yeah. The third item here, code enforcement. We need to have our code enforcement officer come by. But I'll just note I mean this is just need to keep in mind that this is a cost to the city of having code enforcement spend time on this this issue. So just need to be aware of that.

Yeah. You know one thing that was concerning was the um mention in the report of sometimes the public right ofway is blocked or obstructed and that the tables or signs have been moved upon request but then they come back. Um, what kind of ordinance do we have for the public right of way being clear at all times for pedestrians? And yeah, I'd have to check with the code enforcement officer on that. When I went out with him, he noted there was specifically a signage requirement that prevented the use of the A-frame signs. Yeah, we have a sign ordinance.

Yeah. So, there's the specific sign ordinance. Um the he referred me to um there's an the ordinance that talks about the sideway restrictions is right now under grading and so we could and so it's a little bit difficult to enforce that I understand with respect to the food trucks. So we could look into sort of rewriting or replacing the sidewalk obstruction ordinance into a place where it might make more sense. But this might be a city. Well, I think we should ask the city attorney. Yeah.

Nothing can really encroach on the sidewalk. So, we we wouldn't even if that was all you even wanted to do, code enforcement can continue to regulate that because we need to make sure it's accessible to pedestrians and for ADA purposes. So, okay. He was Yeah, he was concerned that he was doing it under grading. Okay, sounds good. So, then not an issue. Okay. Anything else? Oh, one other thing. Sorry.

Sorry. Go ahead. Um, our transportation manager is currently wrapping up a parking study, I believe, and I'm kind of would love to know how that how the findings in that study or recommendations in that study might potentially impact food trucks use of the parking spaces in the right of way. Yep.

Okay. Is is that enough direction? So, um, we'll proceed with the the level playing field items. We'll bring it back to the council with more information to think about, uh, what to do if if anything going forward. All right. Okay. Thank you for everyone who came to speak on this item. It's very helpful. Okay. So we're now on to item 17, council commission reports. Council members report on activities and considerations. A matter council member wish to initiate for placement on a future agenda. Does anyone have anything? While people are thinking, I'll start off by saying that we did have on February 3rd our first uh welcome event for newcomers in Lafayette. uh spearheaded by the Lafayette Juniors who did a great job organizing it in collaboration with the city and with the Lafayette Library and Learning Center Foundation and many other participating organizations including the Chamber of Commerce and uh Lafayette Rotary. So um that went very very well and uh the next event will be on Thursday July 30th. So, I'll work to keep this under three minutes. Uh, Mir, um, so a couple of things. In as much as wildfire preparedness is our number one priority, quick update on the emergency preparedness commission meeting. Um, Andy Conley who's been really great at facilitating our interaction on the emergency preparedness front referred to a Contraosta County Office of Emergency Services field uh tabletop exercise, 19 cities including Lafayette. He said we are well represented and uh I guess if you're going to grade us on the curve,

we seem to be more on the prepared side than not. So kudos to him in that work. Um the emergency operations plan is being updated now by members of that committee led by the chair Duncan Sabbert with Stephanie Bon Thompson Andy Connley involved in that effort. So that's a work product going on from the commission. And then finally, our uh Firewise U maven Stephanie Bontos reported that we've got at least 35 Firewise communities in Lafayette. We're on the way to 40, which is really significant. So, it that effort just continues to power along. Um and kudos to her and all that group working on that. Uh last Friday um vice mayor, city manager and I went to an effort uh East Bay wildfire working group which has been organized by Senator Grayson. Uh couple of quick updates there. One of which is in the state budget is only about 314 million allocated for wildfire related work plus Prop 4 money which when you look at the size of California and our issues really seems like a drop in the bucket so to speak. Uh but so there's an effort going on there. Senator Grayson has worked with cities including Lafayette to identify projects on that list and that'll be a work in progress. There'll be an item he's sponsoring SB 959 which I believe will come to the council late this month which sort of does for schools what they do in New England where you have a a snow day here would be a red flag day uh where schools can shut down without losing money from the state. So something to keep an eye on going forward. Um, and then maybe one thing if you could just indulge me for a second. So, some folks know I was back in Washington DC about a week or so ago. It was 15 degrees, very cold, but I went because I had a family member who was being promoted to colonel in the Air Force, uh, which is my family's background. Um, his former boss is a four-star general, did the honors, and this was at the National War College. And I I just was struck by a few things

I just wanted to share which is when you get to the top leadership in the military, air force, navy, marines, really impressive people. Um I I felt good that our in terms of the military, our country is in the hands of these kind of individuals who are really putting working together and working collaboratively to secure our our country at the top. There was no chest pounding. it was all about working towards a common goal which really struck me as something that felt good in this particular time. Um the other thing I'd also note is that uh my cousin took his oath of office again which is very similar to the oath that we take. So whether you're in a city council in a small town in California or a state legislature or you're a fourstar general or the congress the president we're all taking allegiance of the constitution and I think Lafayette we're like one thread in this fabric which makes up America which is sort of this uh oath to follow preserve protect defend the constitution of the United States that it it meant a lot to see that there in that echelon and I just thought I'd share that because I felt pretty good about this country. We we come from a really strong deep roots and I thought that was just worth sharing.

Who would like to follow Jim?

Oh my gosh. Well, I I'll go next, but I I admit I'm inadequate. Just a couple things though that we did is uh council member Withers and I attended the uh annual retreat, the board retreat for recycle smart and um we talked about um you know the plans for the coming year and I was able to share what Lafayette is doing uh with our with our commitment to sustainability and uh getting the food scraps out of the garbage into the um into the uh um uh the green bin. So that was exciting and kind of helped show I think some more leadership. We continue to show our leadership in in this area. I also want to share that um on the I'm on the board of marine clean energy your representative on that um I joined a new finance committee and we are looking at um ways to lower energy rates for next year to try to give a little bit of relief for um the very high energy rates that we all we all use uh we all PG there's three components there's gas there's transmission and there's electricity like the electrons MCE only works on the electrons but we have about 90% of Lafayette residents are MCE customers And so, um, even lowering it, um, you know, MC is going to will do what they can to lower that bit for, um, for all the rateayers. So, I want to suggest that hopefully we'll that'll be a part of their, uh, the new fiscal the new, um, the next fiscal year starting in May.

Yeah. Thank you. Um, last week the Transportation Circulation Commission had a really great presentation from CCTA on the Lamarinda and countywide street signal smart signals program. Um, a lot of acronyms so I can't replicate it, but it might be something worth um, inviting them to come to speak to council at some point to tell us more about the program and the benefits that it will bring us. Um, I also wanted to ask for um perhaps a item on a future agenda. Um, kind of teeing off of council member McCormack's remarks at the last council meeting about ebikes um and what you had learned at the Cal City's round table. Um, I thought it might be helpful to have for the um council a kind of update on the various city staff activities. I think um Andy Conley is on a Danville initiated but more regional um task force looking at this issue. It'd be great to hear what that group has been doing. Um love to hear what LPD's observations have been um their experiences. State legislative efforts would also be good to have an update. And then I'm kind of wondering what East Bay Regional Park District has been um thinking about with respect to the trails that they have jurisdiction over. I think that's it.

Sorry. On to uh item 18, which is written communications. um 18A uh multiple requests uh for activities, closures of streets. Um they're all there. Everyone has read them. The only change will be item number one request from the Lafayette DEIB committee and others for use of the plaza on April 11th has been withdrawn. So the uh resolution what it um that is being considered will now read uh instead of uh when it lists the different resolutions where it says number one it'll say uh withdrawn and then we'll delete exhibit A. We won't reletter uh everything. Uh so with that I don't think we need a staff report. We've got all the items there. So, is there any any questions before we go to public comment? Okay. Is there any public comment on this item?

I have no speaker slips on this item and I have no hands raised in our virtual audience. Okay. All right. So, um want a motion? I would love a motion. So approve we a motion to approve these special events and adopt resolutions 2026-15 for the special street event street closures and no parking areas except for item one on this agenda. There a second. I'll second that. All in favor say I. I. I. It's unanimous. Thank you very much. Okay. So let me ask the council. Do you want to proceed right into the last item or do you want to take a five minute break? Okay. Five minute break. We'll be back in five minutes.

Okay, we're back in session and we're on item 15A. a deal by Michael Hoffman of the planning commission's approval. Um, and the way we're going to proceed, we'll hear the staff report. We'll have questions from the council to staff. We'll have public comment and then this is a denovo hearing. So, the applicant will have up to 10 minutes to make a presentation. The appellant will then have up to 10 minutes for a presentation. Uh, I'm sorry. The public comments will come after the appellant's presentation and then the appellant will be allowed a rebuttal of up to five minutes and the applicant will have a rebuttal of up to five minutes. So, Greg, take it away.

Sorry. Yeah. Sorry. Um, may I packed everything up? Um, yeah. So I will recuse myself from this item because I'm family friends with the appellant. Okay. Thank you. So we will see you at the next council meeting if not before. Exactly. Thank you. Thank you.

Thank you mayor and council and good evening everyone. My name is Nicole Ziddle. I am an associate planner with the city of Lafayette. And tonight I am joined with Greg Wolf, planning and building director to discuss the appeal of this variance in lot line revision application at 19 and 20 Spring Hill Lane. On December 1st, 2025, the planning commission approved the subject lot line adjustment between 19 and 20 Spring Hill Lane as well as approval of a variance for a 120 square ft garden shed 25 ft from the northern property line. After this approval, this um planning commission approval was appealed and hence we are before the city council tonight to go over some context for the two um property addresses located on the screen. The project site is located in the northeastern portion of Lafayette at the end of a culde-sac which extends down a short valley. Both 19 and 20 Spring Hill are being discussed tonight and there is common ownership of both parcels. 19 Spring Hill is the smaller parcel to the north and 20 to the south. Analyzing the first element of this project which is the lot line adjustment. It would be between 19 and 20 Spring Hill Lane. This lot line adjustment complies with the goals and intent of the lowdensity single family residential zoning designation and the rural residential general plan designation. The existing single family residential land use will persist on both lots and the lot line revision will remedy the existing nonconformity which is the substandard lot size of 19 Springh Hill Lane. Currently, it is 2.96 acres and would meet the 5 acre minimum zoning requirement after the lot line

revision. Shown on screen in the right hand graphic um highlighted or outlined in green is the proposed movement of the lot line. So again to orient ourselves to the north is 19, to the south is 20. that lot line would be moved south southwest um giving more acreage to 19 Spring Hill Lane to make it compliant with the zoning district regulations. Both parcels would comply with the development standards of their respecting respective zoning districts. The second element of this application is a variance um for a 120 square f foot garden shed highlighted in yellow on screen that is 25 ft from the property line where 50 ft is required. This site 19 Spring Hill does have steep hillsides and existing mature vegetation. However, the flatter area of the valley floor does provide adequate space for reasonable development of residential uses and its structures. Stuff has not identified any special circumstances of the subject property that would deprive it of the privileges enjoyed by other properties in the vicinity and in the same land use district. Hence, staff recommends the city council adopt resolution 2026-12 denying the appeal in part by approving the lot line adjustment subject to conditions and denying the variance. Thank you.

Okay. Are there questions for staff? Do you have a clarification? So just to confirm because it's my understanding uh reviewing the planning commission whatever that the planning commission has approved lot line adjustment and approve the variance correct that is correct the recommendation your recommendation though is to approve the or or deny the appeal and continue to approve the LA adjustment but but reverse the planning commission's decision and deny the variance. Correct. Correct.

Okay. Thank you. And and if I could segue off that, so we have two considerations or decisions here. One is lot adjustment and the other is the variance of the shed relative to the other property. Those are really that's it. That is correct. Okay. A couple questions and if you think this is better for the um applicant, just let me know. Um uh what is in the current barn? Like what's its function now? Of course. Um I think I would let the applicant um further elaborate on that. Um but I believe oh sorry there is a um a dwelling unit in the upstairs and then downstairs is used as um a storage area

and there's a kitchen and bathroom like it functions as a primary residence functions and I see people in the back going yes good. Um what I did see was the gate. there were significant changes to the design of the gate from the original um DRC approval in 2022. Um is there supposed to be a variance for that as well because sixoot fences are pretty standard for our our city, right? And so how does that this gate get out of the sixoot fence? If if your reference is to the the oftentimes you'll see it at at a ranch, it's a it's a bar on two posts. Um the I think the plans show and I would ask the applicant to speak to it. Um that that structure is 51 ft from the property line. So it would meet or exceed the the

This is the infant gate where the car cars drive in. Correct. Yeah. Oh, it's 50 feet. Oh, 60 ft from their lot line where that actual gate is. Yes. Okay, great. Thank you.

Um, one more. Um, and this was just something that that was in one of the one of the meeting minutes and and so basically if they if the applicants had agreed to try to reszone the initial parcel down to match the other neighbors houses, not to have the LR5 zoning, but have more with with the rest of Spring Hill Lane. Um, that doesn't that get them out of both variances? We we for the for the little shed and then also for the house or Aadu at this point, right? Which is a hypothetical question.

Hypothetical question.

We have not received an application for reszoning. So we have not done the complete analysis. However, if it were to be reszoned to the R20, which the rest of the street is, every other property served by um Lafayette Lane, thank you for bringing up an exhibit showing the zoning. So, 19 Spring Hill is outlined in green and it is the anomaly on the street with respect to zoning. Um, and the prior residence which was demolished was consistent with the development pattern on the rest of the street. not with what the underlying zoning is in red. So were it to be reszoned to R20 yellow on the map, I believe it would comp the two structures that are subject of tonight's meeting would com would meet the the requirements of that R20 zoning.

Okay. So, I want it then to go and and we we can you don't have to answer this now, but have we ever done that for a property like after construction has happened in Lafayette? You've been here long enough. I figured I could ask you.

I will try to recall. Um I I don't know that the timing of it is wet uh relative to construction happening is is an issue. I think that the issue that the council would consider at any point in time, planning commission first then the council is whether the proposed zoning is uh basically makes sense and is consistent with the purpose intent of the area. It wouldn't be spotzoning it, you know, it that would be inappropriate. So, um really there's a I think broad um discretion and difference given to a community to zone its land appropriately. And I I think on the face of it, the the fact that the prior house was with the development pattern um consistent with the development pattern on the street, which was R20, suggests that it might be an appropriate uh reasonzoning to make, but we that has not um we're not there.

All right. Thank you.

Sorry to follow on here. Um may this may be a better question for the u property owner, but there's several um emails we received that reference uh a commercial enterprise involving a wine tasting room and so on at the site. And I just wanted to understand if that is the case, if that's planned. Uh, and that may be a question for the for the property owner, but I thought I'd just put it out there not to lose track of that. We're happy to speak to it, but I would ask the applicant to speak to that as well as it um the applicant applied for a change to an interior space in the tunnel, the existing tunnel. um for a private residential wine tasting room. And that was a point of discussion during that and the applicant has been explicit in their uh application and intentions that it's a private residential tasting room. We have many in the community um that we've approved previously um often in the basement um because that's good for wine storage. Um, so, uh, that was approved by the design view commission.

Okay. So, it's not there's no commercial enterprise here that the city has permitted. It's a private activity in someone's house. Correct. Okay. Thank you.

Follow up on my own question. Sorry. the um I'm just I'm just still a little intrigued by the our our our situation here where we are um we have our these two things where we're you're being asked by you to approve one part of the of the appeal and deny the other. Yeah, these two are linked. Why are these I mean I'm kind of curious why these are linked such that they're all in one thing that the the applicant why do they appeal an approval of a variance? I guess I'm conf or I'm confused on because we have a you are you're requesting manag to understand you're the the reason why staff is saying we should deny something that was approved by the planning commission I guess may is my question right because it feels a little odd normally we're being asked to affirm right or appeal and and whatever and typically staff will be asking us to affirm something I'm just kind of curious how this is lining up

I think that is generally the case um staff has been consistent throughout with respect to the variance that in our review of it we're not able to make the findings of special circumstance would allow which would allow for the grant of the of the variance. staff does not make the decision on the variance and so we are m making a recommendation to the hearing body and first it was the planning commission we recommended denial the planning commission in its deliberations determined that it could make the finding that there were special circumstances and those are articulated in the in the resolution um staff maintains our initial recommendation through throughout and that's our recommendation to you so once again the the council in its deliberations could make a finding that staff is recommending against. So I believe, you know, in the in the grand scheme of things, more often than not, hearing bodies agree with staff's recommendations, but it is by no means universal. Right.

Okay. Thank you. Sorry, my apologies, mayor. Um but to follow on that question thread um the with respect to the variance there's a setback required given it's current the uh LR5 zoning which is 50 ft as I recall every other parcel along Spring Hill Lane is zoned R20 I think correct that's a different setback requirement correct for a sideyard yes

it would be 15 foot minimum Okay. So, if it just so hap if if that uh 19 Spring Hill lane was zoned like the other parcels, it would be a 15 foot setback. The shed is at 25 ft. So, it would conform. Correct. Under that scenario, it's just because it's zoned LR5, it's 50T. Correct. Okay. Right. Any other questions? All right. So, could we hear from the applicant, please? You have up to 10 minutes.

Uh, hello council members. I'm Pete Doctor. Uh, my wife Amanda and I have owned property on Spring Hill Lane for 18 years. And our goal from the start has been to create a nice quiet restbite for our family which we hope will soon include guest visits from our first granddaughter due in April. Uh this is not a commercial or public function either 18 sorry 19 or 20. Um we wanted our home to reflect the design aesthetic and the history of Lafayette. um while also enhancing the safety of the turnaround. And I think this redesign and rebuild of 19 uh which is an extension of that project is in keeping with this goal. So to avoid further redundancy, I'd like to invite Mark Becker, the project designer, to tell you more.

Hi, good evening. Mark Becker. I've been attached to this project for a very long time. Uh and as staff pointed out at the previous planning commission, they did not support the variance there either, but planning commission did and there were special circumstances that involved that. But I'd first like to touch on and I I do I would prefer that you look at these individually as well. Um first, the lot line adjustment. That's pretty straightforward. What we're trying to do is uh one of two things. one is uh enlarge the parcel to the 5 acre minimum that's designated. Uh but also the home, the 440 ft home that we built there uh was approved based on the location of relative to the original house. And after we were fully permitted and well along our way, fully framed and everything, it was brought to staff's attention that uh this is a problem, a setback problem where it really they needed a 50-ft setback. And so we're here stuck with this project that we've already had approved. We've gone through the full process, everything by the books and um per what we were told to do. And so I came up with the idea to correct this situation by realigning the lot lines and categorizing the 440 ft building as an ADU, thus requiring only a 4ft sideyard setback, whereas we are 33 feet or so from the side property line. So what this does is it cleans up the lot size. It addresses uh a a later found nonconformity. Uh we're converting. There was a question about the barn. The barn is a larger. It's a thousand square foot single family home with all the amenities. The storage area below is a garage and a workshop and and so that

can function as a primary residence. So that's how we've achieved that. We feel like that corrects all of the issues and cleans that up. Regarding the potting shed, a little bit different story. We had um we approached um staff with this and if you Nicole, could you bring up that original um diagram showing the potting shed for me? Yeah, there you go. So, if you see the hatched area um below the yellow area, that was actually approved on our grading plan. That was approved by staff. That was closer to the street and closer to our neighbor. And at that time, our neighbor Jeff Adams uh wrote a letter of support saying he had no problem with our shed being built in that location and he fully supported it. We later uh decided to push the shed further back and because it's only 120 square ft and it's under 12 feet does not require a building permit. Uh so we worked with staff again. staff suggested, "Well, you're moving this. Talk to the neighbor. If the neighbor writes a letter of support, we can support this." Got another letter of support from the neighbor. Again, supporting it. However, what happened was we decided to add a toilet and a sink. And so, we needed a building permit. And when we went back to staff, a bunch of other things occurred with our other neighbor across the way. And they said, "Well, you need to get a variance." So, we naively, I guess, uh we we followed the protocol and now we're stuck with this shed uh that we could have built elsewhere, but this was all supported and our neighbor supports it. And so, what I'd like to say to that is I kind of disagree with staff's opinion, but it is important to note that they did not support it at

planning commission level either. But I'm just going to read this because I wrote it and I had to think about it. But the government code section 65, excuse me, I need my glasses. Uh 65906, it says a variance may be granted where special circumstances applicable to the property deprivate of privileges enjoyed by other properties in the vicinity. The catchphrase is under the same zoning classification. Well, this references comparisons to properties under the same zoning classification. I believe the intent of that standard is equitable treatment of similarly situated properties. In physical and functional terms, this property literally was indistinguishable before we tore the house down from other properties in the street. And so I feel that the strip act application of the ordinance in this unique circumstance deprivives us of the priv privileges enjoyed by all the other neighbors uh in the immediate setting. Every other property on the culde-sac has 10 to 15 foot side setbacks. They have sheds. Some sheds are right on the property line. Some are 5t from the property line and we're 25 ft from the property line. The other item of this is roughly 35% of our property is dedicated to um setbacks, easements. 12% of that 35 is a culde-sac that we donated to the street. Our property lines in the middle of the street. There was a big problem on this street. Fire trucks, Amazon delivery, what have you. So what we did is we pulled everything back to create a proper culde-sac so all the delivery trucks can turn around. We then repaved the entire street all the way to Spring Hill uh because of all the construction and that the neighbors had to endure during this process because it was not a fun process over the last year and a half. And then

finally, I think it's really important to note and there is another photo um that I talked to somebody about that I'd like to put on the projector because I think this is this puts it in perspective as well. Um I'd like to start with the first photo and then walk us through the second, third, and fourth. And I think this is really sums it all up. I also have physical handouts if that's not going to work. D CJ, we need the overhead. I've stopped the timer until we get the I could hand out I have physical copies as well. It'll be better on the Okay.

I think he wants picture one though is in the front. I wasn't prepared digitally. I had handouts for everybody and they advise. No, picture one is the small one on the very front of the packet. There you go.

There we go. Okay, so this is the shed we're talking about. Um, our neighbor across the street, Carrie Shurmer, our neighbor next door, Jeff Adams, who is the only one who would be affected by the setback. Jeff has written three letters of support now for this variant. And he does not want to see this torn down and moved. He likes it the way it is. Carrie Shurmer, the same thing. And neither of them want to see this rebuilt. Uh they just they're they're perfectly fine with the shed. Could you go to the second photo, please? I would like you to see what was there before in the same exact location, which was the garage. We our structure is behind that left corner of the garage. So, that garage was further and closer to the street, roughly give or take a few feet, the same distance from Jeff Adams property. Could you go to the next photo, please? And just to put it in perspective, that's the other portion of the house that we tore down. And then the the next photo, please. That's the 440 foot home that we built in place of it. And then finally, the big photo. If we can get the whole thing captured, it's really important. I think this is probably what really sums it up. Could you pull up a little? Okay. You can see in that photo all of the original house and pool, and I've outlined in red the ADU and the potting shed. So to put it in perspective, we're are significantly less footprint. We're roughly exactly where the old house was. And and I feel like in conclusion, a the

lot line adjustment corrects an administrative issue. Um and that that is supported by staff and the variance addresses a unique site hardship created by zoning isolation and physical constraints. So for those reasons, I would Yes, sir. Yeah. Can I ask a question? the um 400 foot um home now ADU. How many feet is that from the property lot? 33 ft. And that's the way is what we're seeing. That's how it's built. The corner of the house. Yeah. Old house. Yeah. And the corner of the old house was also 33 feet.

No, it's a little further. I think it was like 38ish, 37 somewhere in there. It's It's kind of You can kind of see the corner house dipping down. Okay. And was the ADU originally approved for a different spot? Yes.

Yes. So, what happened was we went through planning commission. It was further away. Uh we decided to reroute the driveway to create a potting garden area. We went back to staff. Um they reviewed the whole project. Uh they approved it administratively and uh we went through the full process. We received grading permits, building permits. We went through the entire process with them. They elected to not take it through design review. That was their discretion. They made the decision and told us what we could and could not do and we followed their recommendations. Okay. I interrupted you. Please proceed. I think that's all I have. I I'm here to answer questions if you have. Okay. Questions?

Um, thank you. This this is actually a very uh uh important or interesting picture. Uh just to confir I mean we're calling it a potting shed but I I think just to my own mind I think of a potting shed I think it's something pretty like you know simple just a structure but this does have um plumbing has a toilet toilet a sink electricity uh yeah okay so it's it's kind of like a I mean it's a little ADU house or whatever tiny house or whatever it could be we're calling a potting shed but I mean it has I mean it's this is why the this is why you had to have the bu building permit correct because

No, I got the building permit not because of that because because we put electrical and plumbing. That's why we wanted a building permit. Yeah. Uh but regardless, um even if I didn't need a building permit, it came to light after the fact. Even though I got neighborhood support and everything, once I went for the building permit, then the the rules I don't know if the rules changed on me, but things got a little fuzzier. Got it. Um Thank you. And kind of following on that, just to clarify, sure. Um,

so the setback issue with respect to the shed um is was there given the zoning or LR5. So it wasn't because you had to put a you said to put a toilet in, right? It was just there because of the zoning. Is that am I understanding that correctly? Uh I'm not sure I could you. So it's like it's within the 50 foot setback, correct? which is part of the LR5 zoning. That's right. So it so that's that's the that's the issue. Yeah. And we were when when that was when we had presented it, we were told because it was in the rough location of the old house, if we got neighborhood support and a letter that the staff would sign off on that location.

Right. And I could see where given the zoning, you're doing a lot line adjustment to make it five acres. Mhm. But um if the parcel were downzoned to R20, which is what the rest of the homes on that street own. Yeah. Then it would be a 15t setback. All these issues go away. Is that I think that's right.

I I guess we were this is the path that we were kind of was presented to us and the path that we've been on now for the last I don't know six months or something like that. So this is what was presented to us and then it was kind of late in the game and said, "Oh, why don't you go for a reason?" Well, we've already gone through this whole process. We went through planning commission. We went through DRC on something else and so we're kind of like it's just a lot more work and it seems like a pretty unique situation. And if you look up variance guidelines, I think it's really what what is the intent?

Yeah. And just looking at this graphic here, that existing home, just eyeballing this, at least the garage was within the 50-foot setback. Oh, both both sides of the house were a non-conforming house non-conforming. Every the whole thing was non-conforming. Yeah. Yeah. I mean, there's a lot of this which is like the fact you've got an LR5 lot in the middle of a bunch of R20. Yeah. Okay. Um, and I asked this question to staff, but I want to confirm Yeah. with you as the owner's representative. There's no commercial uh wine tasting facility. It's private use enter.

It's a private residence and that's all it is and that's all it ever was and that's all it's intended to be. It's their sanctuary on weekends and whenever they can get there. Yeah. Okay. Thank you. Hi. Thanks. I tend to get a lot of questions. Sorry. No problem. So, when was the homeu when did that finish construction? I think we got signed off on that. I couldn't tell you exactly. I bet you it's been nine months or eight months. We we got the final sign off on that.

Great. Thank you. Um, so you kind of touched on this, but the um the original plan in 2022 um had the 50- foot setbacks for the house. It did for all of these the house the you know everything was had the 50 5050. So you knew about it. So why did why did you change it down to the 33? You kind of mentioned the road change but was that the biggest reason why?

The road change was the only reason why we we shifted the re the road and we were operating under the guy under the guys that we could build roughly where the old house was. And so we went through it and we went very consciously with staff and walked through the whole process with them. We also had a lot of other things approved that we didn't build. We had a lagoon approved. We had a water wheel approved. We had all sorts of things. So we made we made some adjustments, but we stayed in the spirit of what was going on. It's also important to know that the previous structure was two stories. Uh and this is now one story. It was bigger by uh 50% larger. So, yes, we scooted it a little bit this way, but we also lowered its visual impact.

Okay. So, I'm going to go into some some comments that you did. Um, and so this this sketch, there was a project plan in in your proposal in 2024 when you moved things. Um, and the one in 202 2022 had the old house overlay in it, but the ones in 2024 didn't show where the old house was. And so you this is the first time that I'm seeing this overlaid on the old house. Okay.

I I'm just saying was there a reason why that didn't happen on the 2024 drawings? No, I think it was just an update and I think it was possibly included in the the I mean it's all a matter of record. So that we were just showing a revision to the grading plan. So, uh we we we we dealt with the affected sheets. So there's really no reason um that I can think of.

Okay. Um, and so there was a couple of letters that came in. Um, and it these I'm sure they came in at a public records request. Um, and there was an email to you from you to the doctors on July 9th in 2024. Um, outlining a strategy for moving forward on the property. And it said you did shift the house location 16T closer to the the neighbors, which you did. And in quotations you said variance for the setback me as needed. So on July 9th 2024 you realized you needed a variance for the home. It from this letter that it sounds like you realized that you you you thought you needed a variance for the home at least. And so my question to you is why why do you think that that wasn't pursued? I mean, I know ideas have been coming, but why do you think that the the fact that you did move it and people knew that you thought you needed a variance and then and then it didn't go through DRC to get the variance? Why do you think that happened?

Honestly, I don't know what you're talking about. So, uh I don't know. I don't know if we were talking about the potting shed or the house. I'm not really sure. It's the house. It's the ADU. Yeah. I have no idea um to be honest with you. So maybe the staff suggested that maybe I might need a variance. Maybe they suggested, well, we you're with where the old house is, so you don't need a variance. I can't really comment and I'd have to dig deeper into that. This has been heavily gone through.

I was wondering if we didn't see everything and you're saying that you're not you're not aware that there was anything more. No, I mean we we we we shifted things to accommodate a new driveway approach uh to get it further away from the thing to create a potting shed. We went to staff with what we wanted to do. We took care of what they asked us to do and we we did it. I mean we just we just worked with staff. If the staff would have told if staff said you need to get a variance, we would have gone for a variance. If staff said you need to go to planning commission, we would have gone to planning commission. We would do whatever staff told us to do. Okay, that's what my job is is to just respond to what any city wants me to do.

Great. So um another question and this may be is um uh Greg is that um in that same letter you did realize that if you wanted to be qualified as an ADU the max height is 16 feet and your current building is is a 20 ft. No, it's 17 and max height is 17 feet. That was my question. I didn't know what the max height was for an ADU right now. But in these in this letter, in this document, so you're claiming that what you said it's at 20 ft right now. No, it's 16t 10 high. The original building was 20 ft tall. That was approved. Okay.

And that was never meant to be an ADU. And then when we shifted this and when all this was brought to our attention, so you may be bringing up I think what you're talking about is things that were brought to the attention long after this was approved, after this was under construction and that July 9th, but we don't have any record of that. So, so it was all done by staff. I don't have a record of I'm asking, but it's starting to come back to me a little bit. So, I'm trying to add clarity. So,

after the neighbor, the appellant brought up issues even though story polls were up for maybe four months. Uh, we were fully permitted and well along our way with the building framed, all the utilities in place and everything going and this was brought to our attention by by staff. Then we started talking, okay, what do we do? You guys approved this. What are some solutions? And that's when we started talking about variances. The original house was 20 ft. What what worked out here is because we shrunk the house, it's 16t 10, so it's under the 17t height. That's when my wheels started turning. I said, well, how can we correct this situation? Which is why we're going for a lot line adjustment. because then if we get the lot line adjustment all of a sudden our setbacks are only 4 ft and we meet all the other criteria and it seemed like that was the best path forward.

Great. Thank you. I just we don't have we don't have any into this so I was just like explaining it. I was trying to figure out exactly remembering sequencing because it's been a long process. Right. Thank you. Appreciate that. You're welcome. My apologies. Um, this graphic also makes me I I I looked all this up in on Zillow. Yeah, it's always like a bottomless pit. But, uh, so I guess originally when this old house was there, the access to 20 Spring Hill Lane was through that road. Correct. Right adjacent to the Appellance property. Right. Okay.

And the big gate was right at the back corner of his property. And we repurposed the gate to the other location. Okay. So that was part of this the design plan here which is to and again this has no bearing on what what's in front of us right now but I just want to understand it. So that road in effect got relocated away from the adjacent owner property line to around it. That's right. Moved it away. Okay.

To create more space and vegetation and not just create a the whole purpose was to create a a better approach to the property and create as much open space as we could. And so obviously we're only 660 square feet of structure on three acres right now. So it's quite a bit of open space. Yeah.

Thank you very much. Welcome.

All right. We'll hear from the appellant now. Thank you. My name is Michael Hoffman. I live at the end of Spring Hill Lane with my uh wife and two kids. Raised a family there. This is not a weekend retreat. This is where we live. This is not our private amusement park where we have tunnels and exploding dynamite and woohoo rides and have the Pixar gang over. This is where we live, right? In April of 2024, I submitted a detailed complaint to your zoning administrator to enforce the laws and he buried it. And he buried it. What did he do? He called Mr. Becker. We got to get together on this one. Superior Court has already looked at our complaint and said, "If this is true, he's liable for fraud. For him to come forward to this board is a blatant conflict of interest. Your city attorney knows it. Everyone here knows it. Yet, he continues to influence this council and your planning commission. He needs to remove himself from this process. Please, the DRC resolution allowing this project was clear. Only a single family home could be built, not an ADU, and it had to be 60 ft away from the property line. And it makes sense. No one could build a structure inside those setbacks without a lawful variance. Not even this little garden shed. And Mr. Wolf could never ever approve that variance. Why? Because your code says only the planning commission could approve such a variance.

And the city's lot line laws, which is before you right now, is pretty simple. No one can play games with lot lines to evade those prior conditions that we just talked about. And I would have been happy to talk about all of these holistic issues if Mr. Wolf had brought our complaint to the planning commission, which was his job to do. There was a zoning violation. He's the zoning administrator. It's his job to enforce the rules, not to collude with these people on how to break the law. So, what does the official staff report say about all these issues you've been talking about? Nothing. Nothing. There's nothing in here about the history. There's nothing in there about the DRC resolution. There's nothing in there about the conditions for approval. The staff report doesn't even mention section 248D, which says there can be no violation of the prior conditions of approval. So when we hear these issues about compliance and nonconformities, where is that in section 248D? It doesn't exist because it is it is irrelevant. It is irrelevant to this process and your considerations. So does the report tell you how the structure was moved so far inside? Nope. Does it show you the actual the actual drawing that was submitted and stamped? Not not this red pen thing that you just saw, but the actual drawing itself. No. Does the report mention the fraud suit against Mr. Wolf? No. Um, does it mention how the staff spent 18 months meeting in private with these

homeowners to come up with ways to slide this across? No, it does not. And in fact, uh, Mayor Anduri, you actually asked some questions about this in November of 2024. And, uh, uh, we, Miss Ward had actually submitted a a request for you to inquire. And you asked a basic question, what's this about? And the staff wrote behind your back of course, but to themselves, I think they modified the project to dodge the variance. That's what the staff is talking about behind your backs, dodging the variance. And I'd be happy to distribute this to you, which was come out which came out in a public records request. So from our perspective, the lot line change cannot be made under your own rules. It just cannot be made. It's barred because of the DRC resolution. They can't play games with the lot line to do that. You have a bigger problem on your hand, which is your zoning official and his staff have lost their way. So, what do you need to do? You need to investigate them. You need to investigate them because otherwise, what are we really doing here? You should announce to everyone in Lafayette that uh you know, you submitted a project for approval, don't worry about it. You don't have a tunnel in there, don't worry about it. You don't have this big giant train bridge up there, don't worry about it. You don't have a 15t archway in the plan, don't worry about it. You can meet in secret with the staff. They'll slide it across and then when they get caught, they're going to help you get away with it. You need to tell every developer in town, every contractor, every tycoon, this is how you get away with things in

Lafayette. This is this is a bigger problem for you. Now, we heard some questions about uh the the anomaly of the LR5, the the zoning question that you were asking about. A quarter of your LR5 properties are an acre or less. If you look at the map, there are lots like this all over the city. Now, this house was built in 1941 and subdivided from there. So, chances are a condition for these subdivisions was to keep it zoned in this rural way. So, to be trying to re-engineer this right now at a lot line hearing, well, wouldn't it all go away if we reszone this? That's really not before us and it's inappropriate to consider that right now. Um similarly there's a question about why didn't you get a variance. Mr. Wolf told him you can't get a variance and he said he heard that from the city attorney. So they know they can't get a variance. They know that they would have to live with this setback. And so they're coming up with games and trying to slide it past you. Whatever the um the outcome is for those other matters is not relevant here. They can't meet the conditions for the lot line and the staff report. uh acknowledges this and I guess I'd just like to conclude and invite questions with um with one fact which is you know at every turn uh people minimize the impact on my family but I know some of you have driven out there they they raise the dirt moving hundreds of cubic yards of dirt for this house to not be on the spot where a corner of our prior neighbor's home was, but to elevate it, move it in our face, plant a row of redwood trees right on the property line. This is nothing like the prior home to to try to minimize that.

And the the um evasion that you had about why they did that, they moved thousands of cubic yards of dirt to move the hillside out to build this illegal train that now everybody has to look at on the hill. So to to try to minimize this as oh we decided to to make a driveway there. That's not what happened. That's not what happened. They slid this past and said, "Oh, we're just making a quiet little cottage 60 ft away." And then after the fact did all of this behind closed doors back room and now we've been fighting this uphill since April 2024. So um thank you for listening. I would be happy to answer any questions that any of you have. Thank you. Questions?

Thank you. I I have a clarif I scrolled a note here. You I think you mentioned the design review com commission regulations can't be changed. Is

No, no, no. I'm I'm sorry. The resolution sets the conditions for construction. Right. And if someone wants to go back and say instead of having this house 60 ft away, we're going to move it 30 feet away and inside the setback. That can't be done over the counter. That can't be done over the counter. No one ever made that change. The design review commission never amended the resolution. The conditions for this development have never been changed as far as where the location of this structure is. That it needs to be a single family home, not an ADU. That's never been changed. Mr. Wolf doesn't have authority to do that. He knows it.

Oh gosh. Yes. Hi. Um actually maybe more for Greg. Um, so the tunnel and the railroad were they weren't I mean I see pictures of them as part of landscaping but um for the DRC in 2022 but um how are like tunnels and railroads normally approved um through the city. Do we have a lot of amusement park rides in Lafayette? No, there is actually 250 foot tunnels question. Yeah.

So, the the tunnel was evaluated by staff and in consultation with council, not this council, legal counsel. And because of its location, so removed from any other property and that it was pure excavation, it was treated as if it were a basement that would have no visual impact on a neighbor, which are the triggers for design review. Um, hillside development permit. it it the the removal of the material was we evaluated it to conclude that it would be treated like a basement. Um and the to my knowledge the the electric hobby train has been on site for at least 10 years probably 15. So when the uh original project was built out and and then the barn, I think that is when the original track was laid, the the original tunnel was there, which still exists. So there was an existing tunnel much closer to the appellant's uh property. Um this is further back. It's an electric hobby train. It's not a fullsize steam train. Um, so it's seen as anert pertinance to the residents of of the site.

Okay, great. Thank you. Uh, just I I've seen 6,000 pages of city records. There's no basement. The word basement doesn't appear in there. I I encourage everyone to look that up. Yes. Sorry, sir.

Don, did you have a question? Okay. U question for staff. are the appellent mentioned that um you know we've heard that the house is is 17 ft that's measured I guess from the bottom of the building to the top of the building. Are you aware of any movement of earth that uh changed the absolute height of the the building that the as I understand the appellent there was earth moved above the existing grade and then the 17 ft was above that additional earth.

Correct. Um, I think there was both cut and fill that the designer view commission approved that was altered revised multiple times as the the project went into construction and they continued to make some design changes including making the um residence one story instead of two, making it smaller. So, it's my understanding that overall site grading did did occur specific to this location directly beneath the the ADU. I don't know, but we can look at what the plan show. Okay. Thank you.

Any other questions? Okay. Thank you very much. All right. We'll now open up for public comment. Um, City Clerk Robbins, do we have speaker slips?

Yes. Yes, I do. Uh, our first speaker is Debbie Lendez, followed by Jacob Black or Block, sorry. Good evening. I'm Debbie Lindis and I live next door to the amusement park ride that's been constructed at 19 and 20 Spring Hill Lane. I have such a short time and so much to say. Um, but because this question keeps coming up, I would like to focus narrowly on the legal issue that's at the heart of this particular lot line dispute. And that is the city's inability to legitimately make the finding required by Lafayette Municipal Code section 62408 subsection D. The property owners asked the city for permission to demolish a house. In resolution 202219, the DRC imposed several conditions for the development, including that it would be replaced with a single family home and the home must be built 60 ft from the property line. These conditions are repeated throughout the resolution and associated staff report, and they're sensible. The city made an additional promise through its municipal code that it wouldn't grant a land lot line adjustment that violated conditions of development of resolution 22 202219. In order to approve a lot line adjustment under that section, the after approved properties cannot violate a prior condition of development. And yet, that is exactly what the applicants and the city staff are asking you to do. Based on the illegal over-the-counter stamping of revised plans by Greg Wolf

staff, they move the structure 27 ft closer to my home in violation of the resolution and of city zoning laws. And they would not be asking you for a lot adjustment if they hadn't been caught breaking the law. Section 62408 explicitly prohibits developers from playing games with the lot lines to dodge their violations of development conditions. These applicants never got an amendment to resolution 2219. They never got a variance and so the conditions of uh development from that resolution persist and they cannot change the lot line in a way that violates them. So, in pre instead of approving this lot line adjustment as if it were a simple administrative fix and in so doing furthering the city's staff's efforts to cover up their illegal actions related to this project, I really urge you to insist on a thorough investigation of the circumstances that led to this application being presented to you in the first place. And I do have to add because there's so much conversation about this structure and whether or not it's on the footprint of the prior structure. Number one, that's irrelevant, right? Any everybody knows anytime you remodel, you have to go up to code and whatever the rules are, you have to follow them, even if somebody else wasn't in the past. But this thing, so it's 9 and 1/2 ft above the level of our driveway is where the dirt goes. And then the house is 17 feet above that. It's enormous. It's hideous and it's you can't see it from that picture. You have to come onto our driveway to see it.

Thank you very much. Other questions for the speaker? Thank you.

Thanks, Jacob Block. Hi, my name's uh Jake Block. I live in Spring Hill Valley uh right off of uh Spring Lane. I live on Spring Hill Road. I don't want to step in the middle of the dispute between uh Hoffman Linda's family and the doctors. But I do want to call out that the city and the planning commission has failed the neighborhood of Spring Hill and Spring Hill Valley. Whether this building was approved as it should have been is obviously in front of you today. And it's clear to me that there's something lost in translation both at the planning commission and at the city council level and by the mayor. I have made my own complaints about this property and the damage that it's done to the road and the asphalt in front of my property. I've called Susan repeatedly about the cracks in the asphalt, and I was told that it was part of normal wear and tear. For six months, 30 dump trucks would stage in front of my house, idling while I worked from home and broke the asphalt. And when I asked for it to be repaired, I was told it was normal wear and tear. I stacked 300 lb of broken asphalt in front of my house and was told that it was my responsibility and that it was not in the walkway and therefore not an issue. And I sent numerous photos to the city of children walking to school over broken asphalt and asked the abundant question of whether or not if anybody got hurt would it be my responsibility to deal with it. So this city and the planning commission

has failed Spring Hill Valley. They have allowed this project to move forward. Whether the vision is what is appropriate for our neighborhood or not, there has been a commercial development in a residential neighborhood and your count whether it should have been approved or not. It was ill- advised and appears to be fraudulent at this stage. I Mr. Doctor is my neighbor and I wanted to remain so and a happy neighbor at that. The Hoffman Lindes family and everyone on spring lane is important to our community and I think it's your responsibility to figure out what happened here both for the doctors and the Hoffman Lindes and figure out how to justify this and ratify this in a way that maintains the spirit of our neighborhood. It's very important to me that this gets resolved and that everybody understands that something bad happened here and that you failed the neighborhood and you failed the community and it's very important to understand why and how it happened. It's a beautiful community. It's nestled right behind Briones. Does it need a train station and a wine seller? That's not for me to decide. Thank you.

Thank you very much. Are there questions? One second, Jake. Hey. So, I I believe that our public works department did come over and clean up all the asphalts. They did. Thank you. After much neededing me. Yes. Right. And how is the condition of the road? I know Spring Hill Lane looks like it's been repaved. But the the cracks on uh Spring Hill Road near Goyak remain, but at this point it's hard to determine whether or not that's normal wear and tear or whether or not it was caused by commercial uh construction equipment. Right. Thanks.

I have a speaker in our remote participants. Uh Marissa Silva, I will allow you to speak. Hi, can you hear me? Yes, welcome. Great.

Thank you. Um, I tried to comment last I think it was a design review committee uh meeting a couple months ago and I wasn't able to unmute myself. I think that was my um technology issues. But I just think I so appreciate what Jacob Black just said, what the uh Lindes Hoffman family has said. I just think this is so awful in our community that this family has to have a train station next to them. I just think nobody is going to buy that house. Nobody's going to want to move into this. Nobody wants to live next to that. And you know, if the doctors want to do that as their um vacation home, I just don't understand why the rest of Spring Hill Lane has to be subject to that. I just think it's really really terrible. And I think the way that this has gone down with the planning committee, just like everybody has said before uh before me, definitely there is shadiness here and it needs to be investigated and I just feel so sad for my neighbors that have to deal with this. Thank you for listening.

Okay, thank you. Are there questions for the speaker? Okay, thank you very much. Are there any other public speakers?

No additional speakers at this time. Okay. The uh appellent will have up to five minutes for a rebuttal. I just want to urge the council to stay focused on the lot line issue and I think you're put in a little farther ahead on this resoning question. Wouldn't that make everything go away? Um they they've discussed this for over a year and a half and they haven't brought it up. So that implies to me they're not so optimistic that this is going to happen because of the zoning that uh other LR5 properties around the city as well as probably the history of that uh property. Uh there's just all kinds of misdirection about uh from the applicants about subjects that have nothing to do with this um lot line issue. talking about the culdesac actually it it is too small for the for the county um uh diameter there. So that's not compliant right now. Um but you know we could sit here and trade jabs about how this is a fire hazard because they don't maintain the weeds there and I have to call the county three times to get them to mow it down and now they're running train tracks or or trains. Who knows what kind of sparks are going to uh go there. They're they're denying always trying to minimize this train. I don't see anyone uh on this staff

listening to that train, listening to the clang clanging and the bell and the planned sound effects for this tunnel. The point is on the lot line criteria, you just can't make the findings. You just can't make the findings. You have to send it back to the drawing board. That's all there is to it on this appeal. Any questions for me? Thank you. Thank you. Okay, then the applicant has a fivem minute rebuttal.

Well, I've been in this business for almost 50 years. My 50-y year anniversary will be next year. I started when I was 14. I've designed projects all over the state. Uh, I take great pride in what I do and I take great pride in this project. This is an incredibly light footprint. If you've seen anything developed in Lafia, there's nothing with as light of a footprint as this. This amusement park statement is couldn't be anything further from the truth. This is an electric mine train that makes less noise than Mr. Hoffman's lawn mower. And this train has been there for 15 years. He purchased his property six years ago knowing there was a train right in his backyard. He's never made a comment, never made a complaint because the train is barely used. This is Mr. Doctor's sanctuary. This is what he has decided to do. He has a train enthusiast and he's and he's allowed to do so. We did not there was nothing shady happened here. We've been through multiple public processes dating back to 18 years. We've done everything straight up with this city. Everything that's been asked of us, we've done. We've been completely forthright and I actually take great issue with people attacking the city staff. They've been incredible to work with and under very difficult situation and I find them to be very professional and I actually take I'm very offended to hear people attack them in such a manner when I feel like they've actually worked very hard and been very firm with us and bringing us issues and then it's up to us to try to figure out what we're trying to do. And so I also have take great issue with false statements. The building was never 60 feet from the side property line. It was 60 feet from the front property line in the middle of the street. It was never 27 feet from their side property. It moved to 17 ft.

These are false statements. And there's a number of false statements and false accusations. And I beg you to just stay focused on the task at hand, which is to look at the lot line adjustment. And if it meets the criteria, that's what we're in for. and this corrects a situation that's an unfortunate situation. If I started with a blank slate and I was told all these things, I would have done a lot line adjustment first and or you know I would there's always a way to do it. I these we worked with what was given to us and what was approved at the time and now that it's been turned upside down, we're just trying to make the best sense of it. So I appreciate you listening tonight. I'm sorry it's a divisive issue. Uh I find this to be an incredibly beautiful and aesthetic project and Mr. Adams will attest to it and he lives right next door. And Mr. Shurmer, even though they didn't like the construction, states the same. I just had a tour with two different neighbors down Spring Hill Lane over another project we're doing. Gave them a tour today. And his number one comment was, "I can't believe you have such a minimal footprint on such a large piece of land. This is beautiful. And that was straight from his mouth. Thank you very much.

Questions? Okay. Thank you. All right. We'll bring it back to the council for discussion. And um let me first ask, does any council member have any follow-up question for staff, city attorney?

I pro. Yeah, I think I'd like to to clarify. Um, a couple times we heard from um in the public testimony that we can't we we can't we shouldn't even address the lot line adjustment because uh things imp you know improper things that happened beforehand or you know because it was in the DRC res you know resolution in 2022 that that was different. We we we can't we can't we can't address the lot line. I'd be curious to get your take on that that statement that because this um a DRC resolution or conditions of building were X and they're no longer X, we can't we can't look at the lot line adjustment.

Thank you. Uh I'll I'll respond and invite the city attorney to add anything on or correct me if I am am not accurate. the the matter of the location of the house and its um approval in the change that has been described to the council in the public um is the subject of one of two lawsuits that Mr. Hoffman uh and Miss Lundis have filed, one against the the city, one against me personally. So, um I believe the court will adjudicate that. um the the lot llin liner vision I I don't believe that the the code stipulates that they cannot make their property larger and and bring it into compliance with the minimum lot area which is not at all relevant to the location of the house that the the process by which the the structure was located and I don't think that the the code is intended to say you cannot not take a a process um a lot liner vision and use it to remedy a nonconformity. I think the intention is to do exactly that in to have conformity through the lot liner vision. So the the result of the lot llin liner vision would be bringing the components the characteristics of the site the the area the setbacks into compliance setting aside the garden shed but but

right that's right that's right I'm really I'm so and the city attorney would concur that that's the appro that that is valid that it is the lot line adjusting a lot line to become bring the project into conformity is valid and appropriate it is and and under the government code for lot line adjustments, you need to find that it's in compliance with the general plan and the zoning and building code. And and that's what this is doing is it's bringing the property into compliance both with the size of the lot and in addition allowing the setback for the ADU to be in compliance. Okay. And the whatever happened with the the DRC in 2022 is not relevant to this.

This is addressing at least the setback concept which is the most relevant piece for the lot line adjustment. Thank you. So if I could just follow because this is my question also. So we have the legal ability to change the lot line in conformance with state law. Is that correct? That is correct. Thank you. Just to follow up on that, h how often have we done this in the city of Lafayette in a situation like this after construction is done? I don't have that data. I would defer to Greg if he knows.

I I believe that we have uh approved lots in the city that bring matters into conformity or take an existing condition which is in some fashion substandard but do not make it any worse. So um I can't say it's a frequent thing. I mean lot line revisions themselves are you know there's only a few a year at most. Um so I I I believe that we have approved law line revisions that have made nonconformities better if not fully compliant. Um I don't have a a number for you on terms of frequency.

All right. Thanks.

Okay. Comments, discussion.

Yes. If I could start, I kind of want to I talked about this with the city training, but just for disclosure, I just everyone knows, I've talked to both parties, the property owner, the appellent on different matters relating to firewise. So, I just want to put that out there. And I did communicate with Mr. Doctor about the road improvement he did on Spring Hill Lane. So, after the work was done. So, I just want to put that out there. I asked the city attorney if that created a conflict where I would need to recuse myself and the answer was no. So, I just want to make sure that the public is aware of that. Um, I think for me, I kind of look at there's a lot of discussion about uh the whole process of approving the site which is the subject of litigation and I would look at this that's not our that's not within the four corners that we need to be talking about today. There's two things. It's the lot line adjustment and the variance. And I've got thoughts on both. I would look to the mayors to how you'd like to

I think what I'd like to do in unless there are general comments is start first with the variance and then go to the lot line adjustment. Either way, I was thinking I would definitely be nice taking them one at a time. Yeah, one at a time. So, let's start with the uh the variance. Okay. I do have a question for staff then.

Thanks. Um so what's the implication if uh we follow your recommendation and deny the variance of an existing again I've gone through the process of getting a variance during we had planning for remodel and you know things change it's no big deal you change the drawings here we have an existing building what happens if the variance is denied do they they to physically move the building or what what's the what's the outcome there I think we discussed earlier clear the the potential for a reszone. So, they could consider that. Um they could demolish the structure outright, which other people have done when they have not gotten the approval for something that they built from the city. Um so, it could be demolished outright or it could be relocated to a conforming location. Okay. Thank you. So then again, I'm going to segue off the vice mayor here. They could seek to do a reszone uh because as the way I understand it, if it's an R20 lot, it conforms with with respect to the setback or move the the shed or tear it down. Those are the kind of the three options they've got if the variance is not approved.

Those are the three options I see at this moment. And there's no guarantee that the reszone would be approved, but just like they are pursuing a variance, they have the right to pursue a reasonzoning and submit that to the city for consideration. So those are the three options that I see at this moment.

Okay. Thank you. Um with regard regard to the variance for the shed, um I I put a lot of stock into what the neighbors think and whether they are in okay with the you know the fault of the where the location is and I and I think in this case I I can grant the variance for the shed and not have to to move the shed. Well, let me just say at this point, we do have to have a legal basis, right? And the findings and all that stuff. Yes. Sorry. For granting the variance.

Yes. So, let me go bring this up. Right. So maybe then to follow up, staff, your contention is there's not there's not spe there's nothing particularly unique about the property because it we can it could be moved the the the shed. I mean calling it a shed, but that the structure that's got plumbing and electronic can be moved further in the property and still maintain its use. Is that that's that's the uh reason. I just want to confirm why we're thinking the variance should be denied or what's your your recommendation on why the variance should be denied.

That's our sub assessment is that there are conforming locations that that could accommodate it and it's not um a deprivation of reasonable use and enjoyment that other properties um are allowed. So there there are constraints on development that the the environment you know hillsides and existing vegetation and so you couldn't just build it anywhere but I think the our assessment is that there are places on the property where that use could be located which would be conforming to the setbacks which only this property are subject to on this street. Thank you. So, just to follow up on that, so what you're saying is there are not special circumstances on the property um that would deprive the property of privileges enjoyed by other properties under the same zoning. So there's no in other you you can't the variance you you can grant a variance if um the applicant can show that it's not for some reason it's not getting um special privileges that other properties in the same zoning are getting and because of circumstances related to their property and there are no such circumstances here because there are other places on the property where the the building could be built.

That's staff's position and that is what we recommended to the to the planning commission because this is not an objective standard, a numerical factor if you will. Um it is subjective to be able to make or not make those findings. is a matter of interpretation of what the the those characteristics about the property, what the special circumstances might be, and the planning commission was able to make those findings and articulate it. I think staff and the planning commission have different opinions on that, but that is well within their purview to um disagree with our assessment.

Okay. Let let me ask you and the city attorney if if we were to approve this with no special circumstances here behind it. I mean what sort of precedent are we setting for future variance requests?

It would be nice to have some distinction as to why you find the rationale is met because it is a finding under state law and our code as well. So it would be very helpful if you wanted to approve the variance which again is as has been noted several times staff has continually recommended against that because there have they could not find special circumstances and particularly because it's not identical zoning. So we have to look at it as as the LR5 zoning and not that all the neighbors have smaller setbacks because that is a different zoning that's R20.

Okay. And and just to be clear, the council can't find that they the building is a very attractive building and doesn't detract from the neighborhood and therefore doesn't see any problem with it. That's not a reason for granting the variance. That's not the finding for the variance. That's correct. And I would add to put it out there, if this was an R20 lot, I'd approve this in a heartbeat. Um the immediate neighbor doesn't object to it. Actually, wouldn't it wouldn't be relevant. We wouldn't have to approve it. you have to prove it done.

Um the fact that the immediate neighbor is fine with it says something to me. The concern I've got is just that the way the statute's written uh enjoyed by other property in the vicinity and under identical zoning classification. So if it's an if it's an LR5, this doesn't work. If it's an R20, it works. Which is why I've been asking the question before. That's that's my concern. That's kind that's kind of my view as well. I mean, I think you ask, "Does it does it make sense with the neighborhood?" Of course, it makes sense with the neighborhood. It's great. I'd actually love the look of it, but I think with the zoning, you can't It's hard to It's a zoning problem.

Yeah. If it were a design, I mean, aesthetically, I'd look at and say, "This is really handsome." Um, I mean, there's a lot that I on one level like, but, I look at the statute. I don't I don't see how I could feel comfortable making that finding.

Neither do I, actually. I I will say. And so my question is that the resolution that the planning commission passed in December 2025, they made those financings and they have descriptions in there. Were those sufficient, do you think, legally in order to grant the variance? We continue to recommend a denial of the variance because we don't think it can be defended with the with the the findings. Just again, as we've continued to say, it's the the real problem is the under identical zoning classification. Yeah.

And and there are just no special circumstances here. So, uh if if you'd like to use the findings of the planning commission, obviously you can do so, but we continue to recommend a denial of the variance because we we don't see the factors being met. Okay. Okay. Well, and I I think we have no um alternative other than to uh grant the appeal on the variance, which basically is denying the variance. Right. Yeah. Unfortunately. Yeah. Because I think

and I I I understand the applicants how we got here uh the different steps that the applicant described, but unfortunately it it doesn't change our what we have to decide on. So, so let's hold that. But I think Are we agreed that we're Yes. So, let's move on to the lot line adjustment.

So, you could start. I could start. I have no problem with lot adjustment. Um, I mean, you've got a 3acre parcel next to it. I guess a 28ish acre parcel, all one ownership interest. They're really linked. I mean to get to to 20 Spring Hill Lane, you've got to go to the 19, you know, it's so like we're just moving a line around and and per council, we have the legal ability to do this. So, I think we're trying to sort of fix something that um is one of the many uh LR5s that don't quite fit, but this is a case where you can make it work. I would think the logical thing to do would be to change it to an R20, but I've said that before. So, I'm I'm fine with a lot adjustment.

Well, I I mean, given with with the what our what council said, and I mean, I think if the same person owns two pieces of property and they're this private property they own, they would make an adjustment between the two two pieces that they own that doesn't uh um run a foul of our zoning or any other things. I think they should be able to do it. And I think it would actually be incorrect not to allow them to do it. gonna have to dissent on this one. Um, and I and I I look at this um not so much as a can we do this? Yeah, we can do this. Um, but do I think we should do this? And my my answer is a definite no. And my reason is that in that 2022 um application, you it was they everybody knew was 50 ft. The location was 50 ft. Everybody knew it was 50 ft. They signed everything. It was multiple times. And then to see the, you know, internal and external emails that we have very little visibility on except for these these emails and stuff and all of a sudden going, "Oh, we need a variance. We need a variance." like, well, we're just not going to get one. That just strikes me as not doing the right thing at the right time. And I think that it it should have gone back to the planning commission for a variance at that point and it didn't. Does that make it right? No, it doesn't make it right. And so I don't think that this lot line adjustment. I can't make the finding that it it is it was a it was an after you know it was already an approved condition and everybody knew it. That's the part that I have a hard time with. Everybody knew that it was non-conforming and we didn't fix it when

it was supposed to be fixed and and that's why I I can't do this. Does that mean that there aren't other ways that the applicant can make this whole? I think there probably are, but I can't do it in this situation under this set of circumstances. But but the at our city attorney said it is allowed and okay, you can you can adjust your lot line to bring it into conformance, right? Is I understand that, but everybody knew it was out of conformance and they did it anyway. And then they take advant take advantage of state law. It has the foroot setbacks and it's just like it just looks so

it makes me sad. I'll be honest. I just I just I'm it's a really unfortunate situation for the applicants and the neighbors and everybody to be here right now. And I and I don't think the right way of it is a trick. And this one feels like a trick. So, sorry. That's just how I feel about it.

Okay. Well, I can look at it uh as the practical outl outcome. You can look at it as um you know the findings that we have to make. I think that we can make the findings. I think that we should proceed with the lot line adjustment. I think that uh ends up with um well I don't know how we turn down the lot line adjustment basically. I think that uh it would be difficult to justify not turning it down or just by turning it down. Yeah.

So I I can make the findings and receive the resolution. Okay. So, um, we have one resolution that does two things and we have a 40 vote on one of them and a 3-1 vote on the other. We haven't taken the vote, but that's what we're where we are. Um, how do you suggest we proceed? I'm asking the city attorney. I wouldn't recommend breaking up the resolutions, Greg. I don't I don't know if you have a preference. I think we can note it for the record, but the vote on the resolution should it so be, it could still be 31, right?

But with with obviously the minutes would reflect council member Kendell's comments about the variance. Okay. And does anyone have any changes they'd like to make to the resolution itself? No. Okay. Okay. Then do we have a motion for adoption of resolution 202512? Some moved. Second. Okay. All in favor? I I opposed. I or no or no?

Yeah. All right. So, we have eyes from Vice Mayor McCormack, Council Member Cervantes, uh, and Mayor, and we have a no from Council Member Kandell. Okay. So, is there an an appeal period or this is the final? Yeah, this is this is final action. If if you indulge me, mayor, at some point down the line when we're talking about a multi-story building in the downtown, we'll look back at this moment and think, wow, you know, if we were spend we could spend time on this, but that's that's for another day. Okay. Um, anything else on this quick? All right. Then the uh the meeting is adjourned.