City Council
City of Lafayette
City Council
Teleconference via Zoom
Lafayette, California
Monday, August 8, 2022
6:00
p.m.
2022.08.08CCAction
August 08, 2022 Agenda with Hyperlinks
1. Watch or Listen: Meetings are broadcast on the City of Lafayette’s YouTube Channel: http://bit.ly/LoveLafayetteYouTube. Archived, on-demand video of each meeting is maintained on the channel as part of the public record.
2. Submit Comments Before the Meeting: Members of the public can provide public comment by sending an e-mail to [email protected] for City Council meetings no later than noon the day of the meeting. Those e-mails will be distributed to City Council, the City Manager, and the City Attorney, and will be posted as part of the public record.
3. Live Remote Public Comments: Members of the public may submit live public comment via Zoom conferencing by using the link below. You must download the Zoom app or software. Zoom meetings can be accessed by telephone, computer, or smart device. When the Mayor invites public comment for the item on which you would like to comment, please use the "raise hand" feature (or press *9 if connecting via telephone only) to alert staff you have a public comment to provide. Each speaker is allowed three (3) minutes to speak. Any graphic a speaker wishes to use as part of public comment must be emailed to [email protected] for City Council meetings by 3:00 p.m. the day of the meeting.
4. At the time and date of the meeting, please click this URL to join the webinar: https://us02web.zoom.us/j/81549077147?pwd=c3JydUd0c21ad1F1VUkxekttZGxadz09 Passcode: 597341
or join by phone: Dial 1 669 900 9128;
Webinar ID: 815 4907 7147
Passcode: 597341
1)
Call to Order 6:00pm
2)
Roll Call
3)
Adoption of Agenda
4)
Public Comments 6:00pm (for items not on the agenda)
5)
Closed Session
A.
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation pursuant to Gov. Code section 54956.9(d)(4)- 1 potential case B.
Conference with Real Property Negotiators (Gov. Code Section 54956.8) Property: 990 Moraga Road (APN 243-222-023)
Negotiators: Niroop K. Srivatsa, City Manager, Tracy Robinson Administrative Services Director and Joe Kuvetakis, John Cumbelich & Associates Negotiating Parties: Scott Haislet and Charles Kolb, Representing Property Owners Under Negotiation Price and terms of payment
C.
Conference with Real Property Negotiators (Gov. Code Section 54956.8) Property: 3533 Plaza Way (APN 243-222-019)
Negotiators: Niroop K. Srivatsa, City Manager, Tracy Robinson, Administrative Services Director and Joe Kuvetakis, John Cumbelich & Associates Negotiating Parties: Paddy Kehoe, Representing Property Owners Under Negotiation: Price and terms of payment
6)
Public Comments 7:00pm (for item not on the agenda)
7)
Presentations Tracy Robinson, Administrative Services Director Introduction of new employees - JB Juarez, Code Enforcement Officer, Justin Bodily, Recreation Coordinator and Carolyn Franck, Planning Department Assistant Recommendation:
Receive and file.
8)
Consent Calendar
A.
Minutes – July 25, 2022
Recommendation:
Approve.
Item 8A
B.
Resolution 2022-50 Allowing for Video and Teleconference Meetings During the COVID19 State of Emergency under AB 361 Recommendation:
Adopt Resolution 2022-50.
Item 8B
C.
Contract with Sher Edling LLP for specialized legal services related to the City’s claims for relief from damages from PCBs and/or other contaminants Recommendation:
Authorize the City Manager to execute a contract for specialized legal services with Sher Edling LLP.
Item 8C
D.
Award of Construction Contract for First Street Rain Garden Project, No. 014-9722 Recommendation:
1) Award a construction contract to Grade Tech in the amount of $546,883 for the First Street Rain Garden Project, No. 014-9722. 2) Authorize a transfer of $93,000 from the fund 14 fund balance. 3) Authorize a transfer of up to $229,683 from the 2023 CIP budget 014-620-906.
Item 8D
E.
Request for authorization to transfer $31,252 of SB 1383 Local Assistance Grant money to RecycleSmart Recommendation:
Authorize redistribution of California Department of Resource and Recycling (CalRecycle) SB 1383 Local Assistance grant funds, in the amount of $31,252 to Contra Costa Solid Waste Authority (RecycleSmart) to perform SB 1383 compliance activities on behalf of the City of Lafayette in the RecycleSmart Service Area.
Item 8E
F.
Potential Acquisition of 990 Moraga Road (APN 243-222-023) and 3533 Plaza Way (APN 243-222-019) Recommendation:
Receive and file.
Item 8F
9)
Old Business
10)
Staff Report
11)
Public Hearings
A.
Renata Robles, Senior Planner
City of Lafayette 6th Cycle Housing Element Environmental Impact Report A draft and final environmental impact report (EIR) has been prepared for the 6th Cycle Housing Element Update, including the growth stemming from the housing plan and opportunity sites identified in the document to accommodate the mandated Regional Housing Needs Allocation of 2,114 assigned to Lafayette, plus a buffer, which total of 3,095 units. The draft and final EIR can be found at www.lovelafayette.org/CEQA.
Recommendation:
Conduct the public hearing, review the EIR, and continue to the September 12th consent calendar to adopt Resolution 2022-51, approving certification of the 6th Cycle Housing Element EIR.
Item 11A
Item 11A Public Comments
12)
Items Removed from Consent Calendar
13)
Council / Commission Reports
A.
Councilmembers report on activities and consideration of matters a Councilmember wishes to initiate for placement on a future agenda.
B.
City Manager’s Update
Recommendation:
Receive and file.
C.
Mayor Gerringer
Request to recognize August 31st as International Overdose Awareness Day in Lafayette Recommendation:
Approve the proclamation recognizing August 31st as International Overdose Awareness Day In Lafayette.
Item 13C
14)
Written Communications
15)
Adjournment
I, Joanne Robbins, declare under penalty of perjury that this agenda has been posted at least 72 hours in advance of a Regular Meeting and 24 hours in advance of a Special Meeting at the Lafayette City Offices, 3675 Mt. Diablo Blvd., Suite 210, Lafayette, CA. in the glass case and on the City website https://www.lovelafayette.org/ .
Location of Agendas and Agenda Packets: Agendas and packets shall be made available at least 72 hours in advance of regular meetings and 24 hours in advance of special meetings on the City website https://www.lovelafayette.org/ .
Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available on the City website https://www.lovelafayette.org/ All comments received by the close of the public comment period will be available after the meeting as supplemental materials and will become part of the official meeting record. Please note that due to the remote nature of the meeting, the City of Lafayette cannot guarantee that the network or its site will not experience technical interruptions. To ensure that the City Council receives your comments, we strongly encourage you to submit your comments in writing in advance of the meeting.
Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to Joanne Robbins, City Clerk at (925) 284-1968 as soon as possible before the meeting.
Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to Joanne Robbins, City Clerk at (925) 299-3210 at least 48 hours
before the meeting, if possible.
General Information for Public Meetings
Location of Agendas and Agenda Packets:
Agenda and packets are available for review by the public during regular work hours at the Lafayette City Offices, 3675 Mt. Diablo Blvd., Suite 210. Agendas and packets shall be made available at least 72 hours in advance of each meeting.
Board
1 Discussion:
In accordance with State Law, the Board is generally prohibited from discussing and making decisions regarding items not posted on the agenda. Exceptions include items of urgency that become known to the Board after the posting of the agenda; discussion of such items requires a 2/3rds affirmative vote by the Board.
Persons Wishing to Speak:
Any person may address the Board on any item listed on this agenda. Persons wishing to address the Board should complete a speaker slip and submit it to the City staff. In addressing the Board, speakers should step to the podium and state their names and addresses for the record.
Public Comments on Agenda Items:
Persons wishing to speak on items listed on the agenda will be heard when called by the meeting chair. After the public has commented, the item will be closed to public comment and brought to the Board for discussion and action. There is no further comment permitted from the audience unless invited by the meeting chair.
Public Comments on Non-Agenda Items:
Persons wishing to speak on matters not posted on this agenda are encouraged to submit the matter in writing to the City Clerk or staff aide at least ten days prior to the next regularly scheduled Board meeting date. Persons unable to do this may address the Board under the PUBLIC COMMENTS section of this agenda. Note, however, that such matters may be referred to staff for action or posted on a future agenda.
Time Limit on Comments:
Persons will be permitted to speak for up to three minutes.
Posted Times:
Posted times are estimated and actual times will vary. Public hearings may start later but never earlier than posted time.
Reconsideration of Items:
After the Board has acted on an agenda item, it may reconsider the same item later in the meeting in accordance with Council Rules of Proceedings II.D.4.
Consent Calendar:
All matters listed under consent calendar are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time that the Board votes on the motion to adopt. Members of the public may request that items be removed from the Consent Calendar prior to the time that the Board votes on the motion to adopt, however, the decision to remove the item is solely at the discretion of the Board.
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1. “Board†is used here as a generic term for the City Council, commissions, committees, task forces, and other public decision-making boards. ↩