2.19.19 Meeting Summary

As mentioned previously, there was one substantive matter discussed at the meeting last night.  A quick summary:

• The Council adopted the mid year budget report and voted to approve additional appropriations for certain unforeseen items that have occurred during the first six months of the fiscal year.  The sum total of these additional appropriations was less than the budgeted surplus for the fiscal year and as a result even with the minor additional appropriations the city is still in a balanced budget position.
• The Budget sub committee (Councilmember Diaz and myself) recommended that of the $181K surplus from the prior fiscal year, $100K be assigned to the Pension Rate Stabalization Fund as a buffer to major fluctuations in the CalPERS employer pension rates.  The full Council agreed with this recommendation and this recommendation was adopted unanimously.
• For the remainder $81K, the Council also gave direction to purchase an Automated External Defibrillator (AED) machine for Hoyer Hall, with the remaining balance be kept in general fund reserves.

It was also confirmed that at our next meeting, 3.5.19, a representative from Contra Costa County will make a presentation relating to AB 109 realignment and parolee housing.  In addition, the city ordinance regarding parolee housing will also be on the agenda.

Upcoming City Council Meeting 2.19.19

Other than the consent calendar, (approving prior minutes, the regular financial demands of the city, and surplusing obsolete equipment) there is only one substantive thing on the agenda for the upcoming 2.19.19 City Council meeting:

A discussion of the city's mid year budget report

• There are a few items that require additional appropriations during FY19
• As part of the budget and finance sub-committee, we recommended designating $100,000 of the $181,500 surplus from FY18 to the Pension Rate Stabilization Fund as a buffer to major fluctuations in the CalPERS employer pension rates

If you have any thoughts or questions on any of these items, please comment or contact me and I'll do my best to respond or find out more and report back.

2.5.19 Meeting Summary

As mentioned previously, there were a few key matters discussed at the meeting last night.  A quick summary:

• The previous ordinance regarding temporary non-commercial signs on private property was unconstitutionally restrictive.  The Council directed staff to prepare a change to that ordinance to reflect a maximum individual sign of no greater than 16 sqft.
• The Ad Hoc Committee (Councilmember Wolfe and myself) that was formed last meeting reported back to the full council our recommendations.  The Council then directed staff to prepare a resolution consistent with those recommendations for a pilot preferential parking program in certain affected areas near Regency Gate on a pilot basis.
• There was a report regarding the City's use of Glyphosate (Round Up) and associated safety measures taken when that is done.  We heard information about how areas being sprayed are indicated and the Mayor agreed to include a note in her next column to help publicize the practice.
• We discussed the ongoing goals of the city and the potential for creating a report out on the status and associated metrics related to these goals.  The Council declined to direct staff to take action on this item.

A few more detailed thoughts:

Temporary Non-Commercial Signs:

Staff discussed several cases where the issue of sign size was limited and provided overall guidance on what had previously been struck down and what had been upheld in the courts.  There was a sentiment to avoid sign blight, the city should adopt an ordinance as restrictive as possible as to size that is consistent with the law.  I took a different approach here.  I think the first amendment and speech are critically important.  The protections over speech are not necessary to express views that are popular.  Free speech protections are needed for expressing views that are unpopular.  It is in protecting unpopular speech that we demonstrate our principles.  Any time speech is being restricted I would challenge the basis on which such restrictions rest upon.  

And while I personally would not want to see the city littered with signs of all manner, the principle of free speech supersedes my desire for aesthetics.  Ultimately the Council directed staff to come back with a draft ordinance that limits individual signs to no greater than 16 sqft, without any aggregate limit and no time based limit.  The vote was 4-1, I was opposed because I would have not imposed such a restriction.

Regency Gate and Parking Permits:

The proposal that the the Ad Hoc Committee (see page 59 of the agenda packet) returned with was a compromise that attempted to alleviate some of the residents' concerns while maintaining public access to the park.  It would not create any restriction on large areas of Regency Dr., including space for approximately 20 vehicles immediately adjacent to the trail head access point, as well as an additional 20-30 spaces a short walk away (Google Maps says 4 mins).  The restriction focuses on areas in front of people's homes only on weekends and holidays during the daytime.

What the proposal does is attempt to provide continued parking on a limited basis for anyone who wants to enjoy the park. Many of the areas on the affected streets would be unchanged by this proposal. There would still remain room for 40-50 cars at designated locations, which is quite a lot for a residential street. We would have signage recommending the designated parking area at the Mitchell Canyon Staging lot, where the fees are nominal and are used for the benefit of the State Park. In my view, this attempts to balance the interests of the residents most impacted, and others who will continue to utilize and enjoy the park and its trails. 

To be clear, the city is under no obligation to take any action. Given the fact pattern – a public road with long standing access to the State Park, the path of least resistance is to do nothing. Knowing the area and what’s been going on there with regard to parking, I am sympathetic to the sentiment of the local residents. That’s why I volunteered to be on the ad-hoc committee to look at this matter and bring it back to the full Council. When we talk about quality of life, quiet enjoyment, I’m right there with the residents. 

There is also suggestion that it’s not that bad, or that the park was there first and the residents should just deal with it, or that somehow social media can be guided to not recommend this area to park.  Respectfully, I disagree. I’ve been there multiple times on weekends and the crowds are unwieldy. As I mentioned before, this is a matter of concentrated costs to the residents, and diffused benefits for everyone else. Suffice to say, with the publicity around the Regency Gate area, that cat is out of the bag and there isn’t a way to put it back.  Sure outreach can be done and that may have marginal benefits. But there is no policing the internet. People can say whatever they want, and as long as what they are recommending remains legal (public parking on the street), then that is what they say, and what they will do.

We also considered the potential of spillover, or that other areas in the city could be impacted in a similar way.  To address this we proposed a process whereby if certain criteria are met we could address those as well.

Ultimately the Council directed staff to prepare a resolution consistent with those recommendations for a pilot preferential parking program in certain affected areas near Regency Gate on a pilot basis.  The vote was 3-2 with myself, Councilmembers Wolfe and Diaz in favor.  Mayor Catalano and Vice Mayor Pierce were opposed.

Council Goals:

In borrowing from my work in the private sector, I asked the for a report out on the status of our goals and a rough outline of how the goals would be accomplished.  This would be for the purpose of informing the public, and a way to highlight the accomplishments of the city.  Ultimately the Council determined that this wasn't necessary as we already get a weekly report on these goals.  As a result, I will use the information provided to us and provide updates as to our goals in an effort to share some of the major efforts the city is undertaking.

Upcoming City Council Meeting 2.5.19

A few items that I previously requested and discussed will be coming back on the agenda at the upcoming 2.5.19 City Council Meeting.  The issues of:

• A discussion of the city's existing sign ordinance regarding restrictions on temporary non-commercial signs that came up during the campaign.
• Report out and recommendations of the Ad Hoc Committee (Councilmember Wolfe and myself) regarding parking issues near Regency Gate
• Discussion of Glyphosate (Round Up) usage
• Whether or not to establish a regular report out of the status of city objectives

If you have any thoughts or questions on any of these items, please comment or contact me and I'll do my best to respond or find out more and report back.

Goal Setting Session 1.29.19

Each year the Council holds a special meeting to review goals of the city.  At this meeting we review the existing goals, consider whether they should continue or be modified, and propose any new goals that the Council may wish to pursue.  In a previous post I talked about the existing goals, and a future agenda item to create a progress report of sorts.  More on that in a future post.

As I am getting acclimated to the process, cadence, and business of the Council there is a consistent theme that is very clear and permeates all of the work of the city.  City staff do an excellent job under significant time and resource constraints.  The regular operations of the city, as well as compliance with state and other requirements are prioritized.  As time and resources permit, the city is able to make progress on accomplishing other goals as determined by the Council.

It is with that in mind that we discussed the status of each item, eliminated some items that were stale, consolidated some items that made more sense to approach together, and updated the language to provide guidance on others.   Two things happened that I'd like to highlight:

1. Since 2009 it has been a goal of the city to promote high density housing.  I was opposed to this goal and proposed we modify it instead to be a goal of maintaining compliance with state requirements.  As a result the goal to promote high density housing was eliminated.  
2. We added one additional item to the City's goals - revisiting the Town Center Specific Plan.

The utilization of our downtown is something that is important to many of our residents.  The Town Center Specific Plan was created in 1990, and has been amended 7 times since that date with the last revision happening in 2012.  Given changes in the economy as well as the interests of the residents of Clayton, I think it's important to ensure the plan reflects the wishes of the community.  Revisiting the plan as a goal of the city is the first step in that process.

1.15.19 Meeting Summary

As mentioned previously, there were a few key issues discussed at the meeting last night. A quick summary:

• The annual Trails and Landscape report was approved, as well as three members of the TLC being reappointed. 
• Frank Gavidia was appointed to the open Planning Commissioner seat. 
• We set a date for the annual goal setting special meeting for January 29th. 
• Councilmember Diaz gave an update on his work with the County regarding Parolee Housing. We plan to have a presentation at a future council meeting either late February or early March, at which time we will also discuss this matter as an agenda item. 
• Matters I previously asked to be on the agenda will be included on the February 5th council meeting – a report out on current and historical city objectives, and the use of Round Up in Clayton (more on these in a future post) 
• 2nd reading of an ordinance requiring inclusionary housing on non-owner occupied developments of 10 units or more was adopted by a vote of 4-1. I was opposed. 
• A sub-committee was formed to work with city staff and provide more specific direction so that they may craft a proposal that would then come back to the full Council in a future meeting for public discussion and potential action taken by the Council. 

A few more detailed thoughts:

Inclusionary Housing:

Previously there was discussion about whether not including non-owner occupied units would actually encourage that type of development vs. owner occupied development. I think in simplified terms this may be true but there are also larger factors that enter into that calculus. Whether a developer will opt for owner occupied units vs. non-owner occupied units has a lot more to do with cash flows and whether a developer has the capital to retain the property and is seeking an income stream, or if they need the capital from the eventual sales, than whether or not and at what level inclusionary housing is required. To perform this analysis a number of assumptions would need to be made and without that information I think it would be premature to conclude one way or the other.

But what isn’t based on assumptions, is that by placing inclusionary housing requirements on non-owner occupied units, the Council is encouraging developers to take advantage of the CA density bonus law, allowing developers to obtain variances on things like parking, building height, and overall density. Since these units would count towards meeting the requirements for the density bonus, this requirement incents a developer to build more units because they would be able to with the density bonus.

The Council voted to adopt this ordinance at the second reading last night with a vote of 4-1. I was opposed.

Permit Parking:
Ultimately the Council decided to form an sub-committee to work with city staff to provide more specific direction that they could use to draft a plan of action. At that point, the plan would come back before the Council as an agenda item where specifics could be discussed by the public as well as action taken by the Council. My thoughts below:

There was a larger than usual turnout last night, with the majority of comments made regarding this item. I believe that since the agenda packet included as a potential approach a construction of a barrier, this drove a significant amount of interest.

I have no interest in a fence.

The Regency drive access is not a formalized access point to the State Park and trails. There is no parking provided by the state, there are no restrooms, no trash cans, and no disabled access. The terminus of Regency Dr. leading down to the trail is quite steep, and not intended for ingress. The Mt. Diablo state park site does not list it as an entrance either. The state park does provide parking at the Mitchell Canyon Visitor center where they can accommodate hundreds of cars.

Some will say that if existing laws are being violated, like litter, blocking driveways, excessive noise, etc. then that is an enforcement problem. My response is two fold:

1. The city does not have the resources to station a permanent officer to ensure that these rules are being followed. Officers patrol and respond to calls. The magnitude of the problem is larger than this type of patrol and spot check can address 
2. This isn’t simply about the current rules regarding litter and blocking driveways. Nor does this seem like an issue of consideration or better signage. No amount of consideration mitigates bumper to bumper parking which is currently allowed. Having the entire street occupied from parked cars nearly all the time impacts quality of life. The status quo is not set in stone. There is a system in place to change rules as needed to address new fact patterns as they arise. Certainly there are many things that are perfectly legal but would greatly impact quality of life if they occurred with great regularity. 

I ask myself, would I enjoy cars from all over the area but outside of Clayton taking up every single available parking space on my entire street every day there is decent weather? I wouldn’t. Imagine never being able to have a gathering at your house because every single parking spot is taken. Or hundreds of people walking in front of your house all day, and all the incident impacts of that. It would be intolerable. This is an instance of diffused benefits and concentrated costs.

CVC 22507 explicitly states that local authorities may create a program that preferential parking system for residents. Other localities have turned to this option when demand surge for parking impacts quality of life or congestion. And that’s the situation we have now. Residents in these areas are unable to have guests to their house because there is no parking. Parents can’t have birthday parties for their kids because there is nowhere to park. Increased traffic and congestion also present a safety hazard as well.

The biggest concern is pushing the congestion to other areas of the city. Any approach would need to address this, however if this becomes a concentrated issue in other areas like it is now at Regency, I am open to applying any type of solution to those areas as well if there is resident support.

A repeated theme in addressing the issue was to work with print and social media to shift people away from Regency. This is unlikely to be successful because of the nature of the internet. Some groups will modify behavior (for example - Save Mt. Diablo relocated an upcoming scheduled hike as a result, and committed to no longer launching from the Regency Gate). But given many of these sites have user driven content, unless access is restricted, Regency will be the continued recommendation for free parking at the state park. This isn’t only one online site making this recommendation, there are more than 20 that were found with a cursory search.

In hearing people’s concerns, I described the outline of what I thought could be a potential approach: Below are the contours of what I was thinking we could implement on a trial basis:

• Designate certain impacted streets and potential substitution streets as permit only parking during certain hours, suggest 8am – 5pm, perhaps only weekends and holidays. Have a certain number of guest passes per residence as well. 
• Leave alone the area at the end of the street that is not in front of anyone’s property. There is room to park approximately 20-25 cars there without permit at the end of the street, as well as 20 or more additional spaces on Regency near the old Seminary. 
• For all other areas in front of or adjacent to people’s residences, require permits. 
• Make permits a periodic renewal. Have nominal fees to cover increased administrative burden 

This attempts to alleviate the congestion and quality of life issues for the residents, continues to provide a more limited amount of free non-permit parking so all the residents of Clayton can still utilize this access point if they choose. The targeted area will need to be looked at to make sure the desired goals are being met.

I will be working with Councilmember Wolfe on the sub-committee to get information back to staff. Please comment or reach out with any input, suggestions, or concerns. Part of the process will be to work with relevant stakeholders to work toward an approach that is amiable for all.

Upcoming City Council Meeting 1.15.19

There will be a few key things discussed during the upcoming 1.15.19 City Council meeting. If you have any thoughts or questions on any of the items below, please comment or contact me and I'll do my best to respond or find out more and report back.

• The annual Trails and Landscape Committee report. The TLC is the oversight of funds from Measures B (2007) and H (2017). The TLC has fewer members than authorized in total. The biggest thing on the horizon for the TLC is the rebuilding of the downtown tree planter boxes.

• 2nd reading of the ordinance applying inclusionary housing requirements for non-owner occupied developments of 10 units or greater. There was extensive discussion of this item at the last meeting as well which I started a thread about.

• A petition for residential permit only parking at Regency Dr. and Rialto Dr. to alleviate congestion from folks who use the area to launch onto the hiking trails.

• New appointment for open Planning Commissioner seat. There are five applicants and we will interview and select a candidate. What questions would you have?

• Opportunity to introduce new items for future agendas. If there are things you feel should be introduced, please let me know.

After the meeting, I'll post a synopsis here as well.