City Council Meeting
City of Lafayette
City Council
Lafayette Library & Learning Center-Don Tatzin Community Hall 3491 Mt. Diablo Boulevard
Lafayette, California
Monday, December 9, 2024
6:00
p.m.
2024.12.09 CC Action Agenda
2024.12.09 Agenda
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 Agenda on page 2
1)
Call to Order 6:00 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)
Mayor Dawson Land Acknowledgement Statement
7)
Public Comments (for closed session items) 6:00pm
8)
Closed Session
A.
Public Employee Performance Evaluation (Gov. Code Section 54957) Title: Niroop K. Srivatsa, City Manager
B.
Employee Performance Evaluation (Gov. Code Section 54957) Title: Mala Subramanian, City Attorney
C.
Conference with Labor Negotiators Gov. Code Section 54957.6 City designated representative: Niroop Srivatsa, City Manager Employee organization: Association of Lafayette Employees (ALE) D.
Conference with Labor Negotiators Gov. Code Section 54957.6 City designated representative: Niroop Srivatsa, City Manager Unrepresented employees: All employees, excluding the City Manager and those within ALE E.
Conference with Labor Negotiators Gov. Code Section 54957.6 City designated representative: Mayor Dawson
Unrepresented employee: Niroop Srivatsa, City Manager
9)
Public Comments (for items not on the agenda) 7:00 pm
10)
City Manager’s Update
11)
Presentations
A.
Niroop Srivatsa, City Manager
Introduction of Lafayette’s new Police Chief Lt. James E. Williams Recommendation:
Receive and file.
B.
Senior Services Commission
Annual Update on Goals and Accomplishments
Recommendation:
Receive and file.
Item 11B
C.
Sonia Urzua, Assistant Planning and Building Director
Presentation by Staff on Housing Element Implementation including:
Adoption of the Revised Draft Housing Element, Amendments to the General Plan Land Use Element and Map, Amendments to the Municipal Code and Zoning Map, Rezoning of certain areas, and establishing Objective Development Standards.
Recommendation:
Receive a presentation, take public testimony, and conduct a public hearing on December 16, 2024 for adoption of the Revised Housing Element and introduction of an ordinance rezoning and amending the municipal code.
Item 11C
Item 11C Public Comments
Item 11C.Presentation
12)
Consent Calendar
A.
Minutes – November 25, 2024
Recommendation:
Approve.
Item 12A
B.
Ordinance 694 Tree Ordinance Update – City-initiated amendment to the Tree Protection Ordinance (Chapter 6-17 of the Lafayette Municipal Code) to address issues identified by the City Council and Planning Commission, City staff, tree permit applicants, stakeholders, and the public.
CEQA Determination: The proposed changes in the draft Tree Protection Ordinance implement the Safety Element, which was previously analyzed pursuant to the Addendum to the Housing Element Certified Environmental Impact Report (SCH #2021080038) and adopted on August 28, 2023.
Recommendation:
Waive second reading of Ordinance 694 and adopt.
Item 12B
Item 12B Public Comments
C.
Ordinance 695 Accessory Dwelling Unit Ordinance Update: City-initiated Zoning Text amendment to Title 6 of the Lafayette Municipal Code, modifying Chapter 5, Article 3, entitled “Accessory Dwelling Units” to comply with California State Law regarding ADUs and program implementation of Lafayette’s Housing Element, including but not limited to removing owner occupancy requirements for ADUs; increasing height limitations; and removing maximum bedroom requirements for Class C ADUs, as well as City initiated updates to allow a bonus JADU if deed-restricted to lower income.
Recommendation:
Waive second reading of Ordinance 695 and adopt.
Item 12C
D.
Resolutions Authorizing the City Manager to Execute Agreement with California Department of Tax and Fee Administration (CDTFA) and Authorizing Examination of Confidential Sales or Transactions and Use Tax Records Recommendation:
1) Adopt Resolution 2024-43 Authorizing the City Manager to Execute Agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax (Measure H). 2) Adopt Resolution 2024-44 Authorizing Examination of Sales or Transactions and Use Tax Records.
Item 12D.Updated
E.
Maddy Act Local Commission/Committee Appointment List
Recommendation:
Receive and file.
Item 12E
F.
2025 City Council/Commission Meeting Schedule
Recommendation:
Adopt the 2025 Meeting Schedule.
Item 12F
G.
Quarterly Financial Report – 1st Quarter, Fiscal Year 24/25 Recommendation:
Receive and file.
Item 12G
H.
Resolution 2024-45 2023/24 Development Impact Fee Annual Report for Compliance with AB 1600 Recommendation:
Adopt Resolution 2024-45.
Item 12H
I.
Lift Hiring Freeze
Recommendation:
Lift hiring freeze for four positions that had been previously frozen in June 2024 pending the outcome of a sales tax measure.
Item 12I
J.
Resolution 2024-46 Adopting a Revised Fee Schedule for Rentable Facilities at the Lafayette Community Center, 500 St. Mary’s Road Recommendation:
Adopt Resolution 2024-46.
Item 12J
K.
2024 Annual Report from the Lafayette Community Garden and Outdoor Learning Center Board Recommendation:
Receive and file
Item 12K
13)
City Council Reorganization
A.
Joanne Robbins, City Clerk
Resolution 2024-42 Certifying the Election Results
Recommendation:
Adopt Resolution 2024-42.
Item 13A
B.
Council Reorganization
Remarks by Vice Mayor Kwok
Remarks by Mayor Dawson
Presentation to Mayor Dawson by Vice Mayor Kwok
Seating of newly elected Councilmembers Anduri, Cervantes, Dawson and McCormick Comments by newly elected Councilmembers
Election of Mayor and Vice Mayor
Remarks by new Mayor and Vice Mayor
14)
Old Business
15)
Staff Reports
16)
Public Hearings
17)
Items Removed from Consent
18)
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 Elect
Allocation of Bonus Pay/Performance Rewards
Recommendation:
Discuss and direct.
C.
Councilmember Dawson and McCormick
Solid Waste Rates for Rate Year 11 – March 1, 2025 - February 28, 2026 Recommendation:
Discuss and provide direction to Councilmembers Dawson and McCormick.
Item 18C
19)
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. ↩