City Council Meeting
City of Lafayette
City Council
Lafayette Library & Learning Center-Don Tatzin Community Hall 3491 Mt. Diablo Boulevard
Lafayette, California
Monday, March 27, 2023
6:30
p.m.
2023.03.27 CC Action Agenda
March 27, 2023 Agenda with Zoom Hyperlinks
1. Watch or Listen: Meetings are broadcast on the City of Lafayette’s YouTube Channel: http://bit.ly/LoveLafayetteYouTube.
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: Technology permitting, 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.
4. At the time and date of the meeting, please click this URL to join the webinar: https://us02web.zoom.us/j/84322790639?pwd=TElTMUJQZW95ckI4VzhEV3plMUxyZz09 Passcode: 264864
Or join by phone: Dial 1 669 900 9128; Webinar ID: 843 2279 0639 Passcode: 264864
Agenda on page 2
1)
Call to Order 6:30pm
2)
Roll Call
3)
Disclosure and/or Take Action on Remote Participation due to Just Cause or Emergency Circumstances Pursuant to AB 2449 (Gov. Code section 54953(f).) 4)
Adoption of Agenda
5)
Public Comments (for closed session item)
6)
Closed Session
A.
Conference with Legal Counsel -Existing Litigation (Gov. Code 54956.9(d)(1)) Save Lafayette Trees, et al. v City of Lafayette, et al., Contra Costa Superior Court Case No. 17-1142 B.
PG&E Corporation v. City of Lafayette, United State Bankruptcy Court - Northern District of California, Case No. 19-30088 (DM) 7)
Pledge of Allegiance 7:00pm
A.
Boy Scout Troop 224 to Lead the Pledge of Allegiance
8)
Public Comments (for items not on the agenda)
9)
Presentations
A.
Tracy Robinson, Administrative Service Director
Introduction of Beatriz Rodriguez and Philippe Morel
Recommendation:
Receive and file.
B.
Lt. Ben Alldritt
Annual Police Report
Recommendation:
Receive and file.
10)
Consent Calendar
A.
Minutes
March 13, 2023
Recommendation:
Approve.
Item 10A
B.
Resolution 2023-22 Changing the regular meeting day and time for the Emergency Preparedness Commission .
Recommendation:
Adopt Resolution 2023-22.
Item 10B
C.
Revised meeting calendar for 2023 to reflect the change to the Emergency Preparedness Commission meeting day and time.
Recommendation:
Adopt the attached revised meeting calendar for 2023.
Item 10C
D.
Terminating the Local Emergency in the City of Lafayette regarding December 2022 – January 2023 Storms Recommendation:
Terminate the Local Emergency in the City of Lafayette regarding December 2022 – January 2023 Storms.
Item 10D
E.
Designation of Applicant’s Agent Resolution as Required by California Office of Emergency Services (Cal OES) for Federal Emergency Management Agency (FEMA) Reimbursement.
Recommendation:
Adopt the resolution, Designation of Applicant’s Agent Resolution for Non-State Agencies (Cal OES Form 130).
Item 10E
F.
FY 2022-23 Budget Adjustments
Recommendation:
Approve the budget adjustments as indicated on Exhibit A (attached) Item 10F
11)
Old Business
A.
Niroop Srivatsa, City Manager and Tracy Robinson, Administrative Services Director Resolution 2023-24 Financing for Purchase of the Police Station at 3471 Mt. Diablo Blvd.
Recommendation:
Adopt Resolution 2023-24 Declaring Intention to Reimburse Expenditures from the Proceeds of Tax-Exempt Obligations.
Item 11A
12)
Staff Report
13)
Public Hearings
A.
Steve Goetz, Contract Planner
1. ZT02-22?City of Lafayette (Applicant):??City-initiated Addendum to the Downtown Specific Plan Final Environmental Impact Report (SCH No. 2009062056) - Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162, 15164, an addendum to a previously certified EIR has been prepared where all environmental impacts of the Items ZT01-22, ZT02-21, and ZT03-22 have been addressed within the EIR, no new or additional mitigation measures are required and none of the conditions requiring preparation of a subsequent EIR are present.
Recommendation:
??Review the draft Addendum, conduct the public hearing, provide comments, and adopt Resolution 2022-63 to approve and adopt the Addendum.? Project Planner:?Steven Goetz, (925) 284-1976,[email protected]?? Item 13A1
2. ZT01-22 City of Lafayette (Applicant):?City-initiated citywide zoning text amendment to amend Chapter 6-18 of the Lafayette Municipal Code updating the flood damage prevention ordinance, contingent on approval and adoption of ZT02-22 Addendum to the Downtown Specific Plan Final Environmental Impact Report. (CEQA Determination: Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162, 15164, an addendum to a previously certified EIR has been prepared where, as here, all environmental impacts have been addressed within the EIR, no new or additional mitigation measures are required and none of the conditions requiring preparation of a subsequent EIR are present).
Recommendation:
? Introduce Ordinance 684, waive reading, take public comment and continue the item to the April 10, 2023 meeting for second reading and adoption pursuant to the Addendum adopted pursuant to Resolution 2022-63. Project Planner:?Steven Goetz, (925) 284-1976,[email protected]? Item 13A2
3. ZT02-21?City of Lafayette (Applicant):?City-initiated amendment to the Downtown Design Guidelines for creeks and landscape, bicycle parking, and the Plaza District contingent on approval and adoption of ZT02-22 Addendum to the Downtown Specific Plan Final Environmental Impact Report. (CEQA Determination: Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162, 15164, an addendum to a previously certified EIR has been prepared where, as here, all environmental impacts have been addressed within the EIR, no new or additional mitigation measures are required and none of the conditions requiring preparation of a subsequent EIR are present.)? Recommendation:
??Review the draft amendment, conduct the public hearing, provide comments, and adopt Resolution 2022-64?to approve ZT02-21 Downtown Design Guidelines for creeks and landscape, bicycle parking, and the Plaza District (see Attachment) pursuant to ZT02-22 Addendum to the Downtown Specific Plan Final Environmental Impact Report adopted pursuant to Resolution 2022-63.? Project Planner:?Steven Goetz, (925) 284-1976,[email protected] Item 13A3
4. ZT03-22?City of Lafayette (Applicant):?City-initiated amendment to the Objective Standards for New Multi-Family and Multi-Family Mixed Use Development in the Downtown for creeks and landscaping contingent on the approval and adoption of ZT02-22 Addendum to the Downtown Specific Plan Final Environmental Impact Report. (CEQA Determination: Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162, 15164, an addendum to a previously certified EIR has been prepared where, as here, all environmental impacts have been addressed within the EIR, no new or additional mitigation measures are required and none of the conditions requiring preparation of a subsequent EIR are present.) Recommendation:
?Review the draft amendment, conduct the public hearing, provide comments, and adopt Resolution 2022-65 to amend the Objective Standards for New Multi-Family and Multi-Family Mixed Use Development in the Downtown for creeks and Landscaping (see Attachment B) pursuant to ZT092-22 Addendum to the Downtown Specific Plan Final Environmental Impact adopted pursuant to Resolution 2022-63.?Project Planner:?Steven Goetz, (925) 284-1976,[email protected]? Item 13A4
14)
Items Removed from Consent
15)
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 and Vice Mayor Dawson
Resolution 2023-23 Appointing two members to the Planning Commission Recommendation:
Adopt Resolution 2023-23.
Item 15C
16)
Written Communications
A.
E-mail from Heather Schiffman, Director of Government & Public Affairs, Contra Costa Association of Realtors, requesting a proclamation recognizing April as Fair Housing Month in Lafayette.
Recommendation:
Approve the proclamation recognizing April as Fair Housing Month in Lafayette.
Item 16A
17)
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. ↩