City Council Meeting

City of Lafayette
City Council
Lafayette Library & Learning Center-Don Tatzin Community Hall
3491 Mt. Diablo Boulevard
Lafayette, California
Monday, November 25, 2024      6:00 p.m.



2024.11.25 Action

2024.11.25.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 cityhall@lovelafayette.org 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) Public Comments (for items not on the agenda) 6:00 pm

7) City Manager’s Update

8) Presentations

A. All Ages Recreation Downtown (AARD) AARD Awards $50,000 to Fund the Design of Two New Parks in Downtown Lafayette
Recommendation: Accept the $50,000 award.

B. Parks, Trails and Recreation Commission Annual Update
Recommendation: Receive and file.

Item 8B

C. Niroop Srivatsa, City Manager and Vice Mayor Kwok EBMUD Reservoir Tower Retrofit: Proposal to shorten the Tower by Forty Feet
Recommendation: Invite EBMUD Board to hold a joint community meeting with the City Council to solicit input on the Tower design.

Item 8C

Item 8C.Public.Comment

9) Consent Calendar

A. Minutes – November 12, 2024
Recommendation: Approve.

Item 9A

B. Authorization to Apply for the 2025-26 and 2026-27 Community Development Block Grant (CDBG Grant) to support the Lamorinda Spirit Van
Recommendation: Authorize staff to submit the CDBG Grant application to benefit the Lamorinda Spirit Van Program.

Item 9B

C. Amendment to the Park Theater Grant and Use Agreement
Recommendation: Approve the First Amendment to the Park Theater Grant and Use Agreement to extend the deadline for commencing operations to January 1, 2027.

Item 9C

D. Request from the Park Theater Trust for a Public Art Requirement Exception
Recommendation: Approve the Park Theater Trust request for an exception to the Public Art Requirement, citing the compelling circumstance that restoring the historic neon marquee represents a significant contribution to public art.

Item 9D

E. Removal of Four Parking Spaces in the Oak Bridge Parking Lot to Create a Temporary Parklet for the Pop-Up Recreation Programs
Recommendation: Adopt Resolution 2024-40 Approving the removal of four parking spaces in the Oak Bridge Parking Lot to create a temporary parklet at the corner of First Street and Golden Gate Way.

Item 9E

10) Old Business

11) Staff Reports

12) Public Hearings

A. Patrick Golier, Transportation Program Manager Resolution 2024-34: Implementing the City of Lafayette’s Residential Parking Permit Program on Carol Lane
Recommendation: Adopt Resolution 2024-34 to include the block of Carol Lane between Mt. Diablo Boulevard and Marlene Drive in the City’s Residential Parking Permit Program.

Item 12A

Item 12A.Public.Comment

B. Arly Cassidy, Senior Planner MCR01-24 Tree Ordinance Update – City-initiated amendment of the City of Lafayette’s 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: Introduce Ordinance 694, waive the first reading, and continue the matter to December 9, 2024, for second reading and adoption (MCR01-24).

Item 12B

Item 12B.Public.Comment

C. Anna Tolle, Assistant Planner and Sonia Urzua, Assistant Planning Director ZT01-24 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.[CEQA Determination: The proposed ordinance is statutorily exempt from CEQA. Under California Public Resources Code section 21080.17, CEQA does not apply to a City or County’s adoption of an ordinance that implements California’s ADU Law.]
Recommendation: Introduce Ordinance 695, waive first reading, and continue the matter to December 9, 2024, for second reading and adoption.

Item 12C.Updated

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.

B. Councilmember Anduri and Mayor Dawson Resolution 2024-39 Appointing one member to the Creeks Committee
Recommendation: Discuss and direct.

Item 14B

C. Mayor Dawson and Councilmember Anduri Resolution 2024-41 Appointing one member to the Planning Commission
Recommendation: Discuss and direct staff.

Item 14C

15) Written Communications

A. Letter from Rabbi Yisroel Labkowski requesting permission to place the Menorah in Lafayette Plaza for the month of December 2024 and the lighting to take place on Wednesday, December 25th at 4:30pm.
Recommendation: Discuss and direct.

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.

Board1 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.





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1. “Board” is used here as a generic term for the City Council, commissions, committees, task forces, and other public decision-making boards.↩