City Council
City of Lafayette
City Council
Teleconference via Zoom
Lafayette, California
Monday, January 9, 2023
6:30
p.m.
2023.01.09 CC Action Agenda
January 9, 2023 Agenda with Zoom Meeting Hyperlink
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/85212863582?pwd=N00rRmdjM3JQMGk0ZE9tUUlaODkvQT09 Passcode: 671018
or join by phone: Dial 1 669 900 9128;
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Passcode: 671018
1)
Call to Order 6:30pm
2)
Roll Call
3)
Adoption of Agenda
4)
Public Comments 6:30pm (for closed session item)
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 Legal Counsel -- Anticipated Litigation Gov. Code section 54956.9(d)(1)
Save Lafayette and Nahid Nassiri v. City of Lafayette et al, 3821 Land LLC California Court of Appeal First District, Case No. A165324 6)
Public Comments 7:00pm (for items not on the agenda)
7)
Presentations
A.
Mary McCosker, President, Lafayette Historical Society
Celebrating 175+ Years of Lafayette History
Recommendation:
Receive and file.
B.
Director John A. Coleman, East Bay Municipal Utility District (EBMUD) Jimi Yoloye, Director of Engineering and Construction and Elizabeth Bialek, Engineering Manager Update on the Lafayette Reservoir Tower Seismic Retrofit Project Recommendation:
Provide feedback.
Item 7B
8)
Consent Calendar
A.
Minutes
1. December 12, 2022
Recommendation:
Approve.
Item 8A1
2. December 19, 2022
Recommendation:
Approve.
Item 8A2
B.
Resolution 2023-01 Request for Allocation of TDA Article 3 Funds for Pleasant Hill Road West Side Walkway between Springhill Road and Lafayette Ridge Staging Area and Adoption of a CEQA Notice of Exemption Recommendation:
1. Authorize staff to submit a $162,000 TDA Article 3 grant application, including a local match of $62,000. 2. Adopt Resolution 2023-01 approving the request to the Metropolitan Transportation Commission for an allocation of TDA Article 3 Pedestrian and Bicycle project funding for fiscal year 2023/24. 3. Adopt a CEQA Categorical Exemption for the project under Section 15301(c) for the project and authorize staff to file a Notice of Exemption with the County Clerk for the County of Contra Costa.
Item 8B
C.
Resolution 2023-02 Adopting the Lafayette City Council Proclamation Calendar for 2023 and 2024 Recommendation:
Adopt Resolution 2023-02.
Item 8C
Item 8C Public Comments
D.
Resolution 2023-03 Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency under AB361 Recommendation:
Adopt Resolution 2023-03.
Item 8D
E.
Fee for Lafayette Little League’s use of Buckeye Fields for 2022 Recommendation:
Approve the use fee rate of $44,603.21 for Lafayette Little League’s 2022 use of Buckeye Fields per the conditions in the Lease Agreement with the City.
Item 8E
F.
Lafayette Community Center Playground Renovation
Recommendation:
Authorize staff to begin the public bid process for the Lafayette Community Center Play Area Renovation, with an estimated $1,017,000 in construction cost to be spent from Fund 12 between Fiscal Year 2022/23 and 2023/24.
Item 8F
G.
Lafayette City Council Assignments for 2023
Recommendation:
Adopt the Lafayette City Council Assignments for 2023.
Item 8G
H.
Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ending June 30, 2021.
Recommendation:
Accept the Certificate of Achievement.
Item 8H
I.
Proclamation of the City of Lafayette Declaring a Local Emergency Recommendation:
1) Ratify the Proclamation Declaring a Local Emergency in Lafayette, California. 2) Release $50,000 from the Emergency Response Fund 011-360-861.
Item 8I
9)
Old Business
A.
Mayor Anduri
Review of City Council Adopted Priorities for FY 22-23
Recommendation:
Confirm the current priorities for this fiscal year. Should the City be successful in purchasing the Campana and McNeil properties, staff will return to the Council for further discussion and direction.
Item 9A
10)
Staff Reports
11)
Public Hearings
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 Anduri
Consideration of Adoption of a City Land Acknowledgment Recommendation:
Authorize the Mayor and City Manager to identify and propose to the City Council, for consideration and possible appointment during the Council meeting on February 13, a list of community members to undertake this task.
Item 13C
D.
Vice Mayor Dawson and Councilmember Gerringer
Solid Waste Rates for Rate Year 9 (March 1, 2023 – February 28, 2024) Recommendation:
Discuss and provide direction to Vice Mayor Dawson and Councilmember Gerringer.
Item 13D
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.
_________________________
1. “Board†is used here as a generic term for the City Council, commissions, committees, task forces, and other public decision-making boards. ↩