City Council Meeting
City of Lafayette
City Council
Lafayette Library & Learning Center-Don Tatzin Community Hall 3491 Mt. Diablo Boulevard
Lafayette, California
Monday, April 10, 2023
6:30
p.m.
2023.04.10.CCAction
April 10, 2023 Agenda with Zoom Hyperlink
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/86743533516?pwd=eU1tUDhLSVRmWm5VTFF1dFZ1Ly9pdz09 Passcode: 425425
Or join by phone: Dial 1 669 900 9128;
Webinar ID: 867 4353 3516
Passcode: 425425
1)
Call to Order 6:30 pm
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 items)
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.
Conference with Legal Counsel -Existing Litigation (Gov. Code 54956.9(d)(1)) PG&E Corporation v. City of Lafayette, United State Bankruptcy Court – Northern District of California, Case No. 19-30088 (DM) 7)
Pledge of Allegiance
8)
Public Comments (for items not on the agenda)
9)
Presentations
A.
Mary McCosker
History Presentation
Recommendation:
Receive and file.
B.
Assistant Fire Chief Jeff Peter
Update on Fire and Emergency Services
Recommendation:
Receive and file.
Item 9B
C.
Thomas Adams, Avenu Insights and Analytics Sales Tax Presentation Recommendation:
Receive and file.
Item 9C
10)
Consent Calendar
A.
Minutes
March 27, 2023
Recommendation:
Approve.
Item 10A
B.
Ordinance 684 Approving a City-Wide Zoning Text Amendment ZT01-22 to Chapter 6-18 “Flood Damage Prevention” of the Lafayette Municipal Code contingent on the approval and adoption of ZT 02-22 Addendum to the Downtown Specific Plan Final Environmental Impact Report.
Recommendation:
Waive second reading and adopt Ordinance 684.
Item 10B
C.
National Opioid Litigation and Authorization to Participate in Additional Settlement Agreements Arising from the Litigation Recommendation:
Authorize the City Attorney to take all necessary steps and execute appropriate documents to participate in the Additional Settlement Agreements with the Additional Distributors and any future Settlement Agreements with new Distributors, agree to the State Subdivision Agreements, and allow direct payment to be made to the County.
Item 10C
D.
Potential Acquisition of Trail Easement on 3370 Sweet Drive, APN 239-111-015 Recommendation:
Declare, as a minute order, intention to negotiate for the purchase of a Trail Easement on parcel APN 239-111-015, and schedule a closed session to discuss price and terms of payment.
Item 10D
E.
Major Subdivision Tract 9475, 210 Lafayette Circle, APN 243-150-017 – Acceptance of Improvement as Complete Recommendation:
Authorize staff to file a Notice of Completion, record a Certificate of Acceptance for a Public Utility and Pedestrian Access Easement (PUE & PAE), and release payment and performance bonds per the subdivision agreement for Tract 9475.
Item 10E
11)
Old Business
12)
Staff Report
A.
Greg Wolff, Planning & Building Director; Renata Robles, Senior Planner; Diana Elrod, Housing Consultant - California Department of Housing and Community Development (HCD) Review letter on Lafayette’s 6th Cycle Housing Element
Recommendation:
Receive status update and direct staff.
Item 12A
Item 12A Additional Materials
Item 12A Public Comments
13)
Public Hearings
A.
Tracy Robinson, Administrative Services Director
Consideration of Joining the California Municipal Financing Authority (CMFA) and Adopting the BOLD Financing Program for Creation of Community Facilities Districts for Facilities and Impact Fees Recommendation:
Conduct public hearing. 1) Adopt Resolution 2022-69 Approving, Authorizing and Directing Execution of a Joint Exercise of Powers Agreement Relating to the California Municipal Authority. 2) Adopt Resolution 2022-70 Authorizing Use of the Bond Opportunities for Land Development (“BOLD”) program and authorizing the California Municipal Finance Authority to Accept Applications from Property Owners, Conduct Proceedings and Levy Special Taxes Within the Territory of City of Lafayette Pursuant to the Mello-Roos Community Facilities Act of 1982, as Amended; and Authorizing Related Actions. 3) Approve “Exhibit A” for Resolution 2022-70 specifying the eligibility requirements for BOLD financing.
Item 13A
JPA Agreement
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.
Mayor Anduri
Proclamation recognizing the Gold Coast Chamber Players and Pamela Freund-Striplen on their final concert on April 15th.
Recommendation:
Approve the proclamation recognizing the Gold Coast Chamber Players and Pamela Freund-Striplen on their final concert on April 15th Item 15B
C.
City Manager’s Update
Recommendation:
Receive and file.
16)
Closed Session
A.
Conference with Real Property Negotiators (Gov. Code section 54956.8) Property: 3370 Sweet Drive, APN 239-111-015 (trail easement) Agency Negotiators: Niroop Srivatsa and Jonathan Katayanagi Negotiating Party: Keith Magic and Marisa Magic
Under Negotiation: Price and terms of payment
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. ↩