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City of Lafayette

Public Meeting Agenda

Lafayette City Council Special Meeting

Meeting at the Childrens

Play

Area

Monday,

August 10, 2009

6:30 PM

Lafayette Community Park

480 St. Mary's Road, Lafayette, California

Lafayette Community Park

Children's Play Area

Ribbon Cutting Ceremony

6) ADJOURNMENT

I, Joanne Robbins, declare under penalty of perjury that this agenda has been posted at least 72 hours in

advance at the Lafayette City Offices,

3675

Mt. Diablo Blvd., Suite 210, Lafayette, CA.

* 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 for public inspection at the

front counter at City Hall located at

3675

Mt. Diablo Blvd., Suite 210, Lafayette, CA. during normal

business hours.

Lafayette City Council

August 10, 2009

City of Lafayette

Public Meeting Agenda

Lafayette City Council

Redevelopment Agency

Creeks Committee

Monday,

August 10, 2009

7:00 PM

Lafayette Community Center -

Manzanita Room

500 St. Mary's Road, Lafayette, California

Mayor Tatzin

Invitation to State Legislators to Discuss Their Votes and Positions Regarding the

State Budget

Recommendation: Discuss

and

direct staff.

Convene jointly with Creeks Committee

Creeks Committee

2009 Goals and Accomplishments

Recommendation: Receive

and

file.

Adjourn joint meeting

OLD BUSINESS

A. Steven

Falk,

City

Manager

2009 Goals Update

Recommendation: Receive

and

file.

Draft Letter to Property Owners Regarding

City's

Interest in Purchasing Downtown

Property for the Purpose of Public Parking

Recommendation: Review draft letter and list of properties. Direct staff to send letter to

property owners.

Convene Redevelopment Agency

STAFF REPORTS

Ann Merideth, Community Development Director

Agreement with Design, Community & Environment to prepare the Downtown Lafayette

Specific Plan Environmental Impact Report

Recommendation: Approve agreement

with Design, Community &

Environment

prepare the

Downtown Lafayette Specific Plan Program Environmental Impact

Report.

Lafayette City Council

August 10, 2009

Tracy Robinson, Administrative Services Director

Second Loan Agreement and First Amendment to Loan Agreement between the Lafayette

Redevelopment Agency and the Lafayette Library & Learning Center Foundation

Recommendation: Approve the form and terms of the loan agreements between the Lafayette

Redevelopment Agency and the Lafayette Library & Learning Center Foundation and authorize

the Executive Director to execute the agreements once the final loan amount has been

determined.

Adjourn Redevelopment Agency

PUBLIC HEARING

Michael Cass, Assistant Planner

ZTO2-09: Interim Urgency Ordinance 588 Extending the Temporary Moratorium on the

Establishment and Operation of Medical Marijuana Dispensaries for Ten (10) Months

and Fifteen (15) Days

Recommendation: Adopt Ordinance 588.

Christine Sinnette, Senior Planner

Consideration of proposed amendments to the Lafayette Municipal Code consisting of (1)

Ordinance 586 amending Chapter 6-23, Outdoor Storage and Repairs, (2) Ordinance 589

amending Chapter 1-3, Penalty Provisions, (3) Ordinance 590 amending Chapter 1-9,

Administrative Citations, and (4) Ordinance 591 amending Chapter 8-21, Code

Enforcement

Recommendation: Continue without discussion to the September 14, 2009 meeting.

10) CONSENT CALENDAR

City Council Minutes

July 27, 2009

Recommendation: Approve

Results of Deer Hill Road and St. Mary's Road Pavement Rehabilitation Project Bid

Recommendation: Adopt the project plans, specifications, and project details to conform to the

Uniform Construction Accounting Act.

C. Grant of Trail Easement between Weylin G. Eng and Roselyn M Eng and the City of

Lafayette relocating a segment of the Burton Ridge Trail

Recommendation: Authorize the City Manager to sign the Quitclaim Deed regarding a section

of the original trail easement alignment and accept a relocated trail easement alignment.

D. Resolution 2009-46 Approving an authorization to apply for the City's remaining

$113,000 in Measure AA local grant funds under the EBRPD Regional Open Space,

Wildlife, Shoreline, and Parks Bond Ordinance

Recommendation: Adopt Resolution 2009-46.

701 Glenside Circle - Request for a six-foot wood fence and a wood fence on a masonary

retaining wall that encroaches into the public right-of-way

Recommendation: Approve the encroachment into the City right-of-way along the property of

701 Glenside Circle and authorize the City Manager to execute an encroachment agreement

with the applicant and direct the City Clerk to record.

Lafayette City Council

August 10, 2009

Disposal of Surplus City Equipment

Recommendation: Declare that the equipment is surplus property.

Award of Contract for Culvert Repairs: PWS 09-03 and 09-04

Recommendation: Award contract for PWS 09-03 and PWS 09-04 to William G. McCullough

Company in the amount of $39,996.00.

H. Increase Budget for Fund 32 Parking Program for FYO8/09 by $26,500 to Account for

Parking Fee Increases in the Happy Valley Road Parking Lot aka ATT Parking Lot

Recommendation: Increase the budget for Fund 32 Parking Fund by

$26,500

and authorize the

City Manager to sing the lease termination.

2009 Planning Division Work Plan: Schedule for Completing Long Range Tasks

Recommendation: Receive and file.

Resolution 2009-47 Endorsing and Encouraging Residential Seismic Strengthening Plan

for Wood Frame Houses

Recommendation: Adopt Resolution 2009-47.

Designation of City Manager to Award Stanley Boulevard Traffic Calming and Sidewalk

Project

Recommendation: Delegate authority to the City Manager to award the Stanley Boulevard

Traffic Calming and Sidewalk Project with the understanding that the lowest responsible bid

would allow the work to be completed within the existing project budget.

11) COUNCIL/COMMISSION REPORTS

Councilmember report on activities and consideration of matters a councilmember wishes to

initiate for placement on a future agenda.

Councilmembers Federighi and Anderson

First Amendment to Third Amended Joint Exercise of Powers Agreement with the

Central Contra Costa Solid Waste Authority

Recommendation: Discuss and direct staff.

12)

WRITTEN COMMUNICATIONS

Letter dated July 21, 2009 from Frederick L. Granados, National Committeeman for the

National Association of Insurance requesting a proclamation recognizing September as

Life Insurance Awareness Month.

Recommendation: Discuss and direct staff.

Request from the City of Walnut Creek to co-host a Veteran's Day ceremony on

Wednesday, November 11, 2009 at the Lafayette Veterans Memorial Building.

Recommendation: Discuss and direct staff.

13) CLOSED SESSION

Property: Olympic Blvd. Property - APN 185-190-006-6

Agency Negotiators: Steven Falk, City Manager and Jennifer Russell, Parks Trail and

Recreation Director

Negotiating Parties:

David Kramer, Associate Real Property Agent for Contra Costa

County

Under Negotiation: Price and Terms of Payment

Lafayette City Council

August 10, 2009

Property: 66 Acre Parcel - APN 238-080-036

Agency Negotiators: Steven Falk, City Manager and Niroop Srivatsa, Planning and

Building Manager

Negotiating Parties: Sohrab Nazari, Owner

Under Negotiation: Price and Terms of Payment

Conference with Legal Counsel - Anticipated Litigation

Government Code section

54956.9

(1 case)

Conference with Legal Counsel - Existing Litigation

Government Code section 54956.9(a)

Lamorinda Properties. LLC v. City of Lafayette

Contra Costa Superior Court Case Number MSNO9-0663

Richard F. Holmes v. City of Lafayette

California Court of Appeal Case Number A122849

14) ADJOURNMENT

I, Joanne Robbins, declare under penalty of perjury that this agenda has been posted at least 72 hours in

advance at the Lafayette City Offices,

3675

Mt. Diablo Blvd., Suite 210, Lafayette, CA.

* 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 for public inspection at the

front counter at City Hall located at

3675

Mt. Diablo Blvd., Suite 210, Lafayette, CA. during normal

business hours.

Lafayette City Council

August 10, 2009

•

City of Lafayette

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. Agendas and staff reports are also available on

the city website www.ci.lafayette.ca.us.

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.

Boardi 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 4/Sths 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 the 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 in Resolution 2007-049.

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.

Notice

Requirements:

Lafayette Municipal Code Section 6-211 requires that the City provide public notice of

the first public hearing for any meeting that requires public notice. If there areadditional meetings, they are not

re-noticed. Be advised that it is the responsibility of any interested party to follow the continuance date or

dates, as well as to be apprised of whether project revisions have been submitted.

1 "Board" is used here as a generic term for the City Council, commissions, committees, task forces, and other

public decision-making boards.