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Lafayette City Council
July 22, 2024

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Agenda
Meeting
July 22, 2024
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Lafayette City Council
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Text extracted from the city's file for reading and search. Open the original on lafayette.granicus.com. That file is the official record.

City Council Meeting
City of Lafayette
City Council
Lafayette Library & Learning Center-Don Tatzin Community Hall 3491 Mt. Diablo Boulevard
Lafayette, California
Monday, July 22, 2024

7:00

p.m.
2024.07.22CCAction
July 22, 2024 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)
Pledge of Allegiance
6)
Public Comments (for items not on the agenda)  7:00 pm
7)
City Manager’s Update
8)
Presentations
9)
Consent Calendar
A.

Minutes – July 8, 2024
Recommendation:

Approve.

Item 9A
B.

Resolution 2024-29 Establishing Rate of Tax Levy to Provide for Payment of Principal and Interest on the Series 2011 General Obligation Refunding Bonds During Year 2024-2025 Recommendation:

Adopt Resolution 2024-29.

Item 9B
Item 9B Public Comment
C.
968 Fourth Street – Request for Construction within the Creek Setback Recommendation:

Approve the request for a creek setback exception at 968 Fourth Street and authorize the City Manager to execute the required standard agreement with the property owner.

Item 9C
D.

Fee for Lafayette Little League’s use of Buckeye Fields for 2023 Recommendation:

Approve a use fee rate of $41,741.26 for Lafayette Little League’s 2023 use of Buckeye Fields per the conditions in the Lease Agreement with the City.

Item 9D
E.

Assigning City Council Liaisons to Central Sanitary District, Pacific Gas and Electric, and The East Bay Regional Parks District.

Recommendation:

Approve the assignment of City Council Liaisons to Central Sanitary District, Pacific Gas and Electric, and The East Bay Regional Parks District.

Item 9E
F.

City of Lafayette Sponsor for Lamorinda School Bus Program Funding Recommendation:

The City of Lafayette to act as the Project Sponsor for the Lamorinda School Bus Program to enable the program to receive the pre-approved TFCA funds. Staff to formalize this sponsorship, ensuring compliance with CCTA’s TFCA policy requirements.

Item 9F
10)
Old Business
A.

Niroop Srivatsa, City Manager and Tracy Robinson, Administrative Services Director

1. Resolution 2024-30 Calling for the Placement of a 7 Year Transactions and Use Tax Measure on November 5, 2024 Ballot Recommendation:

Adopt Resolution 2024-30 and appoint a City Council Ad Hoc committee to write the Argument in Favor of the Ballot Measure and Rebuttal Argument.

2. Resolution 2024-31 Setting Deadlines and Rules for Arguments and Rebuttals - Transactions and Use Tax Measure on November 5, 2024 Ballot Recommendation:

Adopt Resolution 2024-31.

3. Resolution 2024-32 Requesting Consolidation of Election with Contra Costa County for Transaction and Use Tax Measure on November 5, 2024 Ballot Recommendation:

Adopt Resolution 2024-32.

Item 10A1, 2 and 3
Item 10A Funding Measure Fact Sheet
Item 10A Public Comments
Item 10A  Additional Public Comments
11)
Staff Reports
12)
Public Hearings
A.

Anna Tolle, Assistant Planner
Appeal by applicant of the Planning Commission’s denial of L05-21 Circle K Ahmadi (Applicant), C Zoning: Request for a land Use Permit to allow the conditional use of a convenience market activity in an existing commercial building at 3667 Mt. Diablo Blvd., APN 241-030-004. The project is categorically exempt from environmental review under CEQA Section 25303(c) for the conversion of an existing commercial building to a new commercial use.

Recommendation:

Review the proposal, conduct the public hearing, find the project exempt from CEQA and adopt Resolution 2024-33, upholding the appeal and approving the project subject to conditions.

Item 12A
Item 12A Plans
Item 12A Additional Public Comments
13)
Items Removed from Consent
14)
Council / Commission Reports
A.

Councilmembers report on activities and consideration of matters a Councilmember wishes to initiate for placement on a future agenda. 15)
Written Communications
A.

E-mail from Carl Di Giorgio resigning from the Transportation and Circulation Commission Recommendation:

Accept resignation and thank Commissioners Di Giorgio for six years of volunteer service.

Item 15A
16)
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. ↩

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