City Council
City of Lafayette
City Council
Youth Commission
Teleconference via Zoom
Lafayette, California
Monday, November 14, 2022
5:30
p.m.
2022.11.14 CC Action Agenda
November 14, 2022 Hyperlink to Zoom Webinar
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/89379639839?pwd=TmtvZWhuMVBVdW95clJ2WUVKYnU4dz09 Passcode: 801021
or join by phone: Dial 1 669 900 9128;
Webinar ID: 893 7963 9839
Passcode: 801021
1)
Call to Order 5:30pm
2)
Roll Call
3)
Adoption of Agenda
4)
Public Comments 5:30pm (for items not on the agenda
5)
Closed Session
A.
Conference with Legal Counsel – Anticipated Litigation
Initiation of Litigation pursuant to Gov. Code 54956.9(d)(4) - (1 case) 6)
Public Comments 6:00pm (for items not on the agenda)
7)
Presentations
A.
Tracy Robinson, Administrative Services Director
Introduction of New Employee – Riki Juster
Recommendation:
Receive and file.
B.
Youth Commission
Annual Update
Recommendation:
Receive and file.
C.
Thomas Adams, Avenu Insights and Analytics
Sales Tax Presentation
Recommendation:
Discuss and direct.
Item 7C
8)
Consent Calendar
A.
Minutes
1. October 24, 2022
Recommendation:
Approve.
Item 8A1
2. October 26, 2022
Recommendation:
Approve.
Item 8A2
B.
Resolution 2022-62 Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency under AB361 Recommendation:
Adopt Resolution 2022-62.
Item 8B
C.
Resolution 2022-66 Approving and adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974 Recommendation:
Adopt Resolution 2022-66.
Item 8C
Item 8C.Notice.of.Intention.of.Amendment
D.
Financial Report - 4th Quarter FY2022
Recommendation:
Receive and file.
Item 8D
9)
Old Business
A.
Tracy Robinson, Administrative Services Director; Niroop Srivatsa, City Manager Purchase and Sale Agreements for 990 Moraga Road (APN 243-222-023) and 3533 Plaza Way (APN 243-222-019) and condition the future use of the Properties on CEQA compliance pursuant to CEQA Guidelines 15004(b)(2)(A) Recommendation:
Approve the Purchase and Sale Agreements for the McNeil and Campana properties and direct staff to begin the due diligence process.
Item 9A
10)
Staff Reports
11)
Public Hearings
A.
Greg Wolff, Planning & Building Director; Renata Robles, Senior Planner; Diana Elrod, Housing Consultant Housing Element Update & EIR – City of Lafayette 6th Cycle Housing Element and the Environmental Impact Report (EIR) analyzing impacts of growth stemming from the housing plan and housing opportunity sites identified to accommodate the mandated Regional Housing Needs Allocation of 2,114 assigned to Lafayette, plus a buffer, which total approximately 3,000 new housing units between 2023-2031. The draft Housing Element Update can be found at www.planlafayette.org; the draft and final EIR can be found at www.lovelafayette.org/CEQA.
Recommendation:
Conduct the public hearing, discuss and direct staff on policy matters regarding the Housing Element Update and EIR, including but not limited to, response to HCD’s letter, opportunity sites (including the BART station parking lots), housing programs, potential information to add to the EIR, and schedule.
Item 11A
Item 11A Public Comments
B.
Nancy Tran, Senior Planner
APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF: HDP32?21 Todd Dellamar (Owner), R?20 Zoning: Request for: (1) a Phase I Hillside Development Permit for siting and massing determination, (2) Design review, (3) a Grading Permit, and (4) a Tree Permit for the construction of a new 3,646 sq. ft. two?story single?family residence including garage with a maximum ridge height of 31’0" on a vacant unaddressed parcel in the Hillside Overlay District on Los Arabis, APN: 249?120?005. (CEQA Determination: Exempt Pursuant to CEQA Guidelines §15303, “New Construction or Conversion of Small Structures.”) Recommendation:
Conduct a public hearing, review the project, find the project exempt from CEQA, and adopt Resolution 2022-56 upholding the Planning Commission decision and approving the project, subject to conditions.
Item 11B
Item 11B Public Comments
12)
Items Removed from Consent
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
Third Amendment to the City Manager Employment Agreement with Niroop K Srivatsa Recommendation:
Authorize the Mayor to execute the attached Third Amendment to the City Manager Employment Agreement with Niroop K Srivatsa.
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. ↩