City Council Meeting

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

Tuesday, September 26, 2023      5:30 p.m.


September 26, 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 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    
1) Call to Order 5:30 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 closed session items)
7) Closed Session
A. Conference with Legal Counsel – Existing Litigation (Gov. Code section 54956.9(d)(1).) Robert McClain v. City of Lafayette, et al. Contra Costa County Superior Court, Case No. N23-1644
B. Public Employee Performance Evaluation (Gov. Code Section 54957) Title:  Niroop K. Srivatsa, City Manager
C. Conference with Labor Negotiators (Gov. Code Section 54957.6) City designated representative:  Mayor Anduri Unrepresented employee:  Niroop K. Srivatsa, City Manger
D. Employee Performance Evaluation (Gov. Code Section 54957) Title:  Mala Subramanian, City Attorney
8) Public Comments (for items not on the agenda)
9) Presentations 7:00pm
A. Tracy Robinson, Administrative Services Director Introduction of New Employees:  Alexandria Cully, Planning Technician; Madison Leonard, Planning Technician; Michael Taylor, Planning Department Assistant; Lisa Hurt, Accountant; Kira Tannlund, Recreation Coordinator
Recommendation: Receive and file.
10) Consent Calendar
A. Minutes – Sept 11, 2023
Recommendation: Approve.
Item 10A
11) Old Business
12) Staff Reports
13) Public Hearings
A. Richard Smeaton, Contract Planner Appeal of Planning Commission’s approval for: HDP05-23 REDDY (OWNER), R-20 ZONING;  Request for approval 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; at 3933 Quail Ridge Rd, APN 248-130-012.  CEQA Determination: An Addendum to the Certified Final Environmental Impact Report (FEIR) on September 30, 2020 (SCH# 2019071038) has been prepared.
Recommendation: Adopt Resolution 2023-31 certifying the Addendum to the EIR and approving the Project, subject to conditions, including mitigation measures.
Item 13A
Appendices_3933 Quail Ridge Addendum
B. Greg Wolff, Planning & Building Director; Renata Robles, Senior Planner; Diana Elrod, Housing Consultant GP01-23 Housing Element & EIR – The City of Lafayette 6th Cycle Housing Element and the Environmental Impact Report (EIR) analyzing impacts of growth stemming from the housing plan and housing opportunity sites identified to accommodate the mandated Regional Housing Needs Allocation of 2,114 assigned to Lafayette, plus a buffer, which total approximately 3,000 new housing units between 2023-2031.  The Housing Element is also required by State law to contain programs to Affirmatively Further Fair Housing.  The draft Housing Element Update can be found at www.planlafayette.org; the draft and final EIR can be found at www.lovelafayette.org/CEQA.
Recommendation:  1) Provide direction to staff on the opportunity sites inventory and direct staff to begin additional environmental review on the sites inventory as needed. 2) Direct staff to share Appendices A, E, and F with HCD reviewer for an informal review. 3) Continue this item to the October 10th Council meeting to allow staff to update the Housing Element and Appendices.
Item 13B-Staff Report
Item 13B-Work Book A
Item 13B Work Book B
Item 13B Work Book C
Item 13B Work Book D
Item 13B Pt. 11-Public Comments
Item 13B Additional Public Comments
C. Anna Tolle, Planning Technician Ordinance No. 688: Prohibiting the Use of Gasoline Powered Leaf Blowers: City-initiated Municipal Code Revision adding Chapter 8-23 entitled "Gasoline Powered Leaf Blowers" to Title 8 Public Welfare, Morals, and Safety of the Lafayette Municipal Code. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 15061(b)(3). 
Recommendation: Introduce Ordinance 688, waive the first reading, take public comment and continue the matter to October 10, 2023 for second reading and adoption. 
Item 13C
Item 13C Public Comments
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 Department Updates
Recommendation: Receive and file.
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.

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.





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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.↩