City Council Meeting
City of Lafayette
City Council
Lafayette Library & Learning Center-Don Tatzin Community Hall 3491 Mt. Diablo Boulevard
Lafayette, California
Monday, May 22, 2023
7:00
p.m.
2023.05.22.CCAction
May 22, 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/89008805648?pwd=ODQxRGxzaGNHSWVITUVFalFuUHBIZz09 Passcode: 426199
Or join by phone: Dial 1 669 900 9128
Webinar ID: 890 0880 5648
Passcode: 426199
1)
Call to Order 7:00 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
7)
Pledge of Allegiance 7:00 PM
8)
Public Comments (for items not on the agenda)
9)
Presentations
A.
Design Review Commission
Annual Update
Recommendation:
Receive and file.
B.
Planning Commission
Annual Update
Recommendation:
Receive and file.
C.
Gary Parkhurst, Mount Diablo Interpretive Association (MDIA) Mount Diablo Education Center at Mitchell Canyon
Recommendation:
Receive and file.
Item 9C
10)
Consent Calendar
A.
Minutes – May 8, 2023
Recommendation:
Approve.
Item 10A
B.
Award of Construction Contract for 2023 Paving Project, Project No. 014-9736 Recommendation:
Award construction contract to JV Lucas Paving in the amount of $2,099,374.70 for the 2023 Paving Project, No. 014-9736.
Item 10B
C.
Award of Construction Contract for 2023 Pathway Project, Project No. 014-9737 Recommendation:
Award construction contract to Grade Tech in the amount of $757,732.12 for the 2023 Pathway Project No. 014-9737.
Item 10C
D.
Acquisition of Trail Easement on APN 239-111-015 (3370 Sweet Drive) Recommendation:
Direct the City Manager to execute documents necessary to acquire a Trail Easement from the property owners of APN 239-111-015 for the negotiated price of $20,000 and find it exempt from CEQA pursuant to Public Resource Code section 15304, class 4 exemption, as the trail is a minor alteration of land that does not involve removal of healthy, mature, scenic trees.
Item 10D
E.
Award of Construction Contract for Lafayette Community Center Playground Project, Project No. 012-9181 Recommendation:
Award construction contract to Kerex Engineering in the amount of $1,289,974.00 for the Lafayette Community Center Playground Improvement Project No. 012-9181.
Item 10E
F.
Lafayette Children’s Garden Lease Agreement
Recommendation:
Approve the Lafayette Children’s Garden Lease Agreement which extends the lease for five years beginning August 1, 2022, expiring on July 31, 2027.
Item 10F
G.
2022 Housing Element Annual Progress Report
Recommendation:
Receive and file.
Item 10G
Item 10G.Part.2.Housing Element Annual Progress Report
H.
Appeal of Planning Commission’s approval for: HDP05-23 (Owner), R-20 ZONING: Request for reapproval of: (1) Phase I Hillside Development siting & massing; (2) Exception for Development within a Class II Ridgeline Setback; (3) Design Review for height exceeding 17’; (4) Grading to exceed 200 cu. yards; and (5) Tree removal of seven trees, to construct a new 2,850 sq. ft., 35’ tall single-family residence on an undeveloped lot within the Hillside Overlay District and Class II Ridgeline Setback located at 3933 Quail Ridge Road.
APN.
248-130-012. CEQA: City Council certified the EIR for the project on September 30, 2020 (SCH# 2019071038) Recommendation:
Continue the matter without discussion, as more information is needed to address the issues raised in the appeal. New notification will be sent out when the hearing is rescheduled.
Item 10H
I.
Quarterly Financial Report - 3rd Quarter, Fiscal Year 22/23 Recommendation:
Receive and file.
Item 10I
11)
Old Business
A.
Patrick Golier, Transportation Program Manager
Burton Valley Elementary Traffic Calming Pilot Project Final Recommendations Recommendation:
Authorize staff to retain all traffic calming measures installed as part of the Burton Valley pilot project except for the part-time parking restrictions and the delineators at the ends of the speed humps. In addition, staff should not pursue a permanent sidewalk in Burton Valley.
Item 11A
Item 11A Public Comments
Item 11A Additional Public Comments
12)
Staff Report
A.
Niroop Srivatsa, City Manager
Recognizing June 19th (Juneteenth) as a City Holiday
Recommendation:
Approve the addition of the Juneteenth holiday to the City's observed holidays, effective July 1, 2023.
Item 12A
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 Kwok and Mayor Anduri
Resolution 2023-32 Appointing one member to the Environmental Task Force.
Recommendation:
Adopt Resolution 2023-32 Appointing one member to the Environmental Task Force.
Item 15C
16)
Written Communications
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. ↩