City Council Meeting
City of Lafayette
City Council
Lafayette Library & Learning Center-Don Tatzin Community Hall 3491 Mt. Diablo Boulevard
Lafayette, California
Monday, April 24, 2023
6:00
p.m.
2023.04.24.CCAction
April 24, 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/81195324620?pwd=YWRNTjBxRER4ZkZmd3lFZFp0V0NQdz09 Passcode: 691331
Or join by phone: Dial 1 669 900 9128
Webinar ID: 811 9532 4620
Passcode: 691331
1)
Call to Order 6:15 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 Labor Negotiators (Gov. Code section 54957.6) Agency designated representatives: Niroop Srivatsa, City Manager and Tracy Robinson, Administrative Services Director Employee organization: Association of Lafayette Employees (ALE) B.
Conference with Labor Negotiators (Gov. Code section 54957.6) Agency designated representatives: Niroop Srivatsa, City Manager and Tracy Robinson, Administrative Services Director Unrepresented Employees: All full-time employees, excluding the City Manager and those within ALE 7)
Pledge of Allegiance 7:00 PM
8)
Public Comments (for items not on the agenda)
9)
Presentations
A.
Introduction of Lafayette’s Librarian Rob Tygett
National Library Week April 23-29 “There’s More to the Story” Recommendation:
Receive and file.
Item 9A
10)
Consent Calendar
A.
Minutes
April 10, 2023
Recommendation:
Approve.
Item 10A
B.
Resolution 2023-21 Demonstrate Compliance with State Housing Laws as a Requisite Assigned by Metropolitan Transportation Commission (MTC) for Receipt of OBAG-3 Funding Recommendation:
Adopt Resolution 2023-21.
Item 10B
C.
Resolution 2023-25 Adopting Title VI Statement of Policy, Complaint Form and Procedures in Compliance With Title VI of the Civil Rights Act of 1964 for the Lamorinda Spirit Van Program Recommendation:
Adopt Resolution 2023-25.
Item 10C
D.
FY 2022-23 Budget Adjustment - ARPA Funds
Recommendation:
1) Transfer $440,277.50 from the General Fund Loss of Revenue Sinking Fund (ARPA Funds to replace Core Area Losses) to Fund 52 Core Area Maintenance. 2) Transfer $440,277.50 from the General Fund Loss of Revenue Sinking Fund (ARPA Funds to replace Stormwater Losses) to Fund 53 Stormwater Pollution Program. 3) Recode $440,277.50 of expenses in each fund as ARPA-related effective 3/31/23.
Item 10D
E.
Metropolitan Transportation Commission (MTC) Parking Management Program Planning Grant Recommendation:
Receive and file.
Item 10E
F.
BART 2023 TOD Work Plan Update: Survey of Local Jurisdictions Recommendation:
Direct staff to submit survey responses to BART staff.
Item 10F
11)
Old Business
12)
Staff Report
A.
Tracy Robinson, Administrative Services Director
Legislation Committee’s - Bills of Local Importance and Bill Matrix Recommendation:
1) AB 557 (Hart) Open meetings: Local agencies: Teleconferences - Support; 2) AB 817 (Pacheco) Open meetings: Teleconferencing: Subsidiary body - Support; 3) SB 436 (Dodd) Wildfire safety: The California Wildfire Strategic Planning Act - Support; 4) SB 834 (Portantino) California Family Home Construction and Homeownership Bond Act of 2023 - Support; and 5) Bill Matrix - Receive and file.
Item 12A
B.
Mala Subramanian, City Attorney
Consider Councilmember’s Request to Draft a Lobbying Ordinance Recommendation:
Discuss and direct staff.
Item 12B
13)
Public Hearings
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.
Councilmember Gerringer and Candell
Request from Commissioner Hiden for a 4-5 month leave of absence from the Transportation and Circulation Commission Recommendation:
Discuss and direct staff.
Item 15C
Item 15C Public Comments
16)
Written Communications
A.
E-mail from Rob Tygett, Lafayette Librarian, requesting a proclamation recognizing April 23-29 as National Library Week at the Lafayette Library and Learning Center.
Recommendation:
Approve the proclamation recognizing April 23-29 as National Library Week at the Lafayette Library and Learning Center.
Item 16A
B.
E-mail from Joe Voelker, Community Affairs Representative II, East Bay Municipal Utility District, requesting a proclamation celebrating EBMUD’s Centennial.
Recommendation:
Approve the proclamation celebrating EBMUD’s Centennial.
Item 16B
17)
Closed Session
A.
Conference with Legal Counsel – Anticipated Litigation
Initiation of Litigation pursuant to Government Code section 54956.9(d)(4) – (1 case) 18)
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. ↩