City Council and Youth Commission Meeting Minutes Page 1 of 8 March 10, 2025 City of Lafayette
City Council Minutes
Lafayette Library and Learning Center – Don Tatzin Community Hall March 10, 2025 3491 Mount Diablo Boulevard, Lafayette, California 6:15 p.m.
As a courtesy, and technology permitting, members of the public may participate virtually. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Brown Act, City Council/Board meetings will continue despite technical difficulties for participants using the teleconferencing (Zoom) option. To participate virtually in the City of Lafayette’s public meetings and provide public comment, please follow these steps:
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City Council and Youth Commission Meeting Minutes Page 2 of 8 March 10, 2025
1. CALL TO ORDER – 6:15 P.M.
Mayor Candell called the Regular City Council meeting to order at 6:15 p.m.
2. ROLL CALL
Present: City Council: Mayor Candell, Vice Mayor Anduri; Councilmembers Cervantes, Dawson, and McCormick
Absent: None
Staff Present: Niroop Srivatsa, City Manager; Greg Wolff, Planning and Building Director; Mala Subramanian, City Attorney; Joanne Robbins, City Clerk
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
ACTION: It was M/S/C (Anduri/Dawson) to adopt the agenda. Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, Dawson, and McCormick; Noes: None).
5. PUBLIC COMMENTS FOR CLOSED SESSION ITEMS – 6:15 p.m.
6. CLOSED SESSION
A. Conference with Legal Counsel – Existing Litigation (Gov. Code section 54956.9 (d)(1)) Leamy, et al. vs. City of Lafayette
Contra Costa Superior Court, Case No. MSC20-02456
7. PLEDGE OF ALLEGIANCE – 7:00 p.m. – Jean Follmer led in the Pledge of Allegiance.
8. MAYOR CANDELL
Land Acknowledgement Statement
We acknowledge that Lafayette is part of the unceded, ancestral homeland of the Bay Miwok people. The Bay Miwok and neighboring Ohlone people have lived in and moved through this place for thousands of years. They stewarded and shaped this land for hundreds of generations. We express our appreciation and gratitude for this profound legacy, which enhances and contributes to our lives to this day. We will strive to honor this land and strengthen our ties with the Indigenous communities that continue to live and work in our East Bay region as our neighbors and community members. We acknowledge and honor them and their ancestors, elders, and next seven generations.
9. PUBLIC COMMENTS (For Items not on the Agenda)
JEAN FOLLMER reported last Thursday she was driving to dinner down Deer Hill and there were police everywhere around BART as well as a helicopter, which was very scary. She asked her friends if they received any notifications and encouraged the City to utilize Nixle, stating the only notification was from 24/680.
City Council and Youth Commission Meeting Minutes Page 3 of 8 March 10, 2025 DAVID CLARK referred to the easement across the Campana property and said he spoke with Mike Moran and Mr. Luttropp who suggested that they collectively do this sooner rather than later, so it is in place.
He was not sure of next steps and asked the Council to consider agendizing the matter.
City Attorney Mala Subramanian clarified that should the City sell the property, as part of the conveyance the City would require an easement to be recorded on the property for the benefit of the City. She believes the City is in the process of getting a legal description of the location of the easement, but nothing else needs to be done at this time given the City cannot place an easement on its own property. They could record one as part of escrow if they were to sell the property.
Mr. Clark said one consideration is that the County Flood Control District has an easement on the property already. The immediate suggestion was to place the City easement which would allow pedestrian access on top of the existing County easement. The thought was that if it needed to be moved to accommodate whatever will happen on the property, the City could move it.
HALLIE STURM ceded her 3 minutes to Rob Sturm.
ROB STURM said he is speaking as a resident, said the City and Lafayette School District have a longstanding robust and productive partnership they have appreciated, and referred to the subject of crossing guards. He shared this information at the City/Schools meeting, underscored the urgency of the matter so the item can be agendized and move forward, and provided background and context of the item.
He stated districts are not responsible for the safety of school premises, and Education Code 44808 codifies that, which he read into the record. All crossing guards are located exclusively on City roads and none on school property. California Code 825 provides cities have presumptive responsibility for the safety of their streets. Vehicle Code Section 21100i authorizes California cities to “appoint a non-student school crossing guard for the protection of persons who are crossing a street or highway in the vicinity of a school.” Section 2815 of the California Vehicle Code further specifically authorize cities and states that “Any non-student crossing guard appointed by a City in this manner can be granted authority to issue driving infractions while wearing a crossing guard uniform.” Vehicle Code Section 21372 provides local authorities with responsibility to “establish and promulgate warrants to be used as guidelines for the placement of traffic control devices near schools for the purpose of protecting students going to and from school.”
This means the statute specifically envisions that cities will take accountability for their own streets.
Vehicle Code Section 21373 authorizes school boards to request that the city install traffic control devices.
School boards have very little power vis a vis cities and in his experience, this is one of the narrow exceptions to that. In that case, The city shall then undertake an engineering and traffic survey to determine whether the requested cross protection is warranted; “The governing board of any school district may request the appropriate city, county, city and county, or state agency to install traffic control devices in accordance with the warrants established pursuant to Section 21372 which he referenced. It goes onto say, “If it is determined that such requested protection is warranted, it shall be installed by the city, county, city and county, or state agency involved.” City Council and Youth Commission Meeting Minutes Page 4 of 8 March 10, 2025 The bottom line here is that the existing approach creates district exposure that otherwise would not exist. The existing approach is not economically sustainable for the district particularly at this point in time when the district is seeking and is in need to find $2 million in cuts for this year alone. And the existing approach forecloses helpful options that would exist under a City-run program with City accountability.
10. CITY MANAGER’S UPDATE
City Manager Niroop Srivatsa gave the following update:
• The Council should have received the latest issue of Vistas which is also available on-line and it includes useful information and links about how the City, residents, and businesses can be prepared in case of a wildfire.
• The public is invited to attend the April 9th Public Art Committee meeting. The committee will be discussing potential muralists for their four-mural downtown project. • The City is going to hold a series of public meetings on parking in the downtown and staff is anxious to reach as many people as possible, particularly businesses and their employees. The first meeting is tomorrow at 10:00 a.m. in this facility. There is an on-line meeting on Thursday, March 13th at 6:00 p.m. There will also be a way people can fill out a survey later on and another meeting for the entire community. Staff would like feedback early and often because the Council will be making some key decisions on parking management in the downtown.
Mayor Candell opened the public comment period, and there were no speakers.
11. PRESENTATIONS
A. Youth Services Commission
Annual Update
Recommendation: Receive and file.
Youth Commission Co-Chairs Addy Stevens and Miela Hsu provided the Youth Services Commission annual update, described the variety of annual and new events held, and said they updated their logo.
Mayor Candell and Councilmembers thanked Ms. Stevens and Hsu and the entire Commission for the work they do, voiced appreciation of the tremendous events planned and held, asked to hear from Commissioners if there are things the City should be doing or paying attention to, cited the creativity of events, and thanked them for their involvement.
Mayor Candell opened the public comment period, and there were no speakers.
12. CONSENT CALENDAR
Mayor Candell requested removal of Item 12.C and to provide a minor correction. She confirmed there were no requests for removal of items or public comments.
A. Minutes – February 24, 2025
Recommendation: Approve.
B. Consideration of List of Tenants for Park Plaza Shops Pursuant to the Plaza Overlay Agreement Recommendation: Approve list of tenants.
City Council and Youth Commission Meeting Minutes Page 5 of 8 March 10, 2025 ACTION: It was M/S/C (Dawson/Anduri) to approve the Consent Calendar Items A and B. Roll Call Vote:
5-0 (Ayes: Anduri, Cervantes, Dawson, McCormick, and Candell; Noes: None).
C. Resolution 2025-17 Authorizing Examination of Transactions and Use Tax Records and Agreement Amendment with MuniServices, LLC Approving Transactions Tax Audit and Information Services.
Recommendation: 1. Adopt Resolution 2025-17 Authorizing Examination of Transactions (Sales) and Use Tas Records. 2. Authorize City Manager to Execute an Amendment with MuniServices, LLC for Transaction Tax Audit and Information Services.
Mayor Candell referred to a small correction in the resolution where it looked like a 1 ½ cent rather than ½ cent. She asked to be clear that it is ½ cent.
Mayor Candell opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Anduri/Dawson) to approve the Consent Calendar Item C. Roll Call Vote: 5-0 (Ayes:
Anduri, Cervantes, Dawson, McCormick, and Candell; Noes: None).
13. OLD BUSINESS – None.
14. STAFF REPORTS – None.
15. PUBLIC HEARINGS – None.
16. ITEMS REMOVED FROM CONSENT – Removed Item C which was approved earlier under Item 12.
17. COUNCIL / COMMISSION REPORTS
A. Councilmembers report on activities and consideration of matters a Councilmember wishes to initiate for placement on a future agenda.
Vice Mayor Anduri reported that last Thursday he represented the City and Mayor at the Sunrise Rotary’s Good Character Award ceremony at the Campolindo Library. Three students from each of the three intermediate schools were honored.
This afternoon, he and Councilmember Dawson participated in a meeting of representatives of the Senior Services Commission, Director Katayanagi, and representatives from Lamorinda Village to talk about the collaboration, which was a positive meeting. The Senior Services Commission will come up with a recommendation for continuing the collaboration for the next two years as part of the budget process.
He reminded people that on March 15th, Berkeley Chamber Performances will have a duet here on this stage with piano and cello and he encouraged everybody to attend. The one held last month was very well-attended.
Regarding Ms. Follmer’s comment, he asked staff if the Council could provide a report on what occurred at the BART station and why there was no notice from the City.
City Council and Youth Commission Meeting Minutes Page 6 of 8 March 10, 2025 Councilmember Dawson reported a week ago, she met with the PG&E Government representative to begin conversations about policies and programs they want to follow up with them regarding the City’s Safety Element.
She referred to Rob Sturm’s comments and this was part of the City/Schools discussion regarding the crossing guards. She noted this is a budget item to discuss and it will come up for discussion. She asked and confirmed with City Manager Srivatsa that staff can return next month with a staff report along with a history of the program and staff’s recommendations.
Councilmember McCormick said he and Councilmember Dawson reviewed the Waste Characterization Study which Recycle Smart is doing where they pull random contents of garbage cans, compost, and recycling cans from throughout the service area, take them to a site location in Martinez, dump them out and sort everything to find out how good the City’s diversion rate is. Councilmember Dawson commented that the new SB 1383 requires cities have a certain compliance number for food waste diversion which they must hit.
Councilmember Cervantes reported last Thursday he attended the local swearing-in for Assembly District 15 for Anamarie Avila Farias. She was attending the Mayors’ Conference later that evening.
Mayor Candell reported all Councilmembers attended the Mayors’ Conference last Thursday held in Lafayette and she thanked City Clerk Joanne Robbins and staff for organizing everything. The food was very impressive, and the meeting went well.
Last Friday, the Council held an all-day goal setting meeting, and these will be coming back to the Council next week. Ms. Levin facilitated the meeting, and the City Manager will take what was suggested, organize it, and bring it back formally for everybody.
She stated last week there was a revival of the Lafayette Liaisons meeting that Judy Carney used to hold before COVID. The representative from Tim Grayson’s office who organized it and one of the big takeaways was that with the threat of federal funding cuts, many local agencies could be very impacted.
Mark DeSaulnier’s office requested any information about what the impacts are, and the Community Foundation of Lafayette is in touch regularly with the non-profits and will be reaching out with questions.
Hopefully, the Council will receive information back and understand more how vital services may be impacted in the community.
18. WRITTEN COMMUNICATIONS
A. E-mail from Jennifer Qualick, Chief of Staff for Supervisor Andersen, requesting a proclamation recognizing March as Red Cross Month in Lafayette.
Recommendation: Approve the proclamation recognizing March as Red Cross Month in Lafayette.
ACTION: It was M/S/C (Anduri/Cervantes) to approve the proclamation recognizing March as Red Cross Month in Lafayette. Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, Dawson, and McCormick; Noes: None).
Mayor Candell opened the public comment period, and there were no speakers.
City Council and Youth Commission Meeting Minutes Page 7 of 8 March 10, 2025 B. Letter from Troy Feddersen, President of Rotary Club of Lafayette, requesting permission to use Lafayette Plaza on Saturday April 19th for the Annual Rotary Candy Scramble with temporary street closures on Plaza Way and a portion of Golden Gate Way. A certificate of insurance will be provided naming the City as an additional insured.
Recommendation: Adopt Resolution 2025-16 Authorizing the street closures and establishing No Parking zones on April 19, 2025.
Councilmember Cervantes stated he is a member of the Lafayette Rotary Club and did not need to recuse himself as per the City Attorney.
Mayor Candell opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Cervantes/Dawson) to adopt Resolution 2025-16 authorizing the street closures and establishing No Parking zones on April 19, 2025. Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, Dawson, and McCormick; Noes: None).
C. E-mail from Vianney Serriere resigning from the Transportation and Circulation Commission Recommendation: Accept the resignation and thank Commissioner Serriere for 10+ years of volunteer service.
Mayor Candell recognized Commissioner Serriere for his fierce advocate for bike access and more recently with his advocacy for pedestrian access, especially for those with disabilities. Councilmembers recognized his long-term service on the Commission.
Mayor Candell opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Anduri/Dawson) to accept the resignation and thank Commissioner Serriere for 10+ years of volunteer service. Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, Dawson, and McCormick,; Noes:
None).
D. E-mail from Meredith Meade, Co-Chair of the Committee for Excellent Local High Schools – Yes on Measure T campaign, requesting consideration to adopt a resolution of support for the Acalanes High School District’s Measure T parcel tax on the May 6, 2025, ballot.
Recommendation: Discuss and direct staff.
Mayor Candell disclosed she is one of the signatories on the ballot measure and she whole-heartedly supports schools. It has been over 15 years since the Acalanes School District has had to go out for a parcel tax, which is commendable, and she commended them for their service.
Vice Mayor Anduri asked if there is any impediment to the Council adopting Resolution 2025-17 tonight, and City Attorney Subramanian confirmed the Council could adopt it tonight.
Mayor Candell opened the public comment period.
City Council and Youth Commission Meeting Minutes Page 8 of 8 March 10, 2025 MEREDITH MEADE, Co-Chair of the Committee for Excellent Local High School – Yes on Measure T Campaign, said it has been a very youth-focused night which is wonderful. It is an 8-year term measure, and it will be in addition to the parcel tax they currently have which is $301 but this last forever. Measure T does not have an escalator built into it and it is not greater than 3% based upon the CPI for each year.
There is a senior exemption for age 65 and over if a senior wants to ask for that. Additionally, if a senior is exempt already for the current parcel tax, they will already get the exemption for this, as well. She thanked the Council for their consideration and said she was available for questions.
Councilmember Cervantes asked and confirmed the parcel tax requires a 2/3 vote.
ACTION: It was M/S/C (Anduri/Cervantes) to adopt a resolution of support for the Acalanes High School District’s Measure T Parcel Tax on the May 6, 2025, ballot. Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, Dawson, and McCormick; Noes: None).
19. PUBLIC COMMENTS (For Closed session Items) – None.
DAVID CLARK referred to discussions about a possible easement across the northern portion of 949 Moraga parcel which would provide access from Moraga Road back to Lafayette Plaza and asked the Council to keep this in mind. There is a grant involved and there may be conditions associated with that grant that would anticipate open space. The Downtown Creeks Plan has a proposal for effectively a bulbout where the Lafayette Creek goes underneath Moraga Road. While not adjacent to this parcel, it may be close enough to satisfy a grant requirement, and he therefore asked to keep some of those possibilities in mind as negotiations go forward.
20. CLOSED SESSION
The City Council adjourned to Closed Session at 7:45 p.m. to consider the following matter:
A. Conference with Real Property Negotiators:
Government Code section 54956.8
Property: 949 Moraga Road (APN 243-210-013, -014, -015, and -016) Agency Negotiators: Niroop Srivatsa, Greg Wolff, and Stefanie Cervantes Negotiation Parties: Eve Stewart, Satellite Affordable Housing Associates; Rosemary Kirbach, Sunflower Hill; and Brian Griggs
Under Negotiation: Price and terms of payment
REDCONVENE MEETING/REPORT OF CLOSED SESSION
Mayor Candell announced that no reportable action had been taken in Closed Session.
21. ADJOURNMENT – 8:20 p.m.
APPROVED:
__________________________________
Susan Candell, Mayor
ATTEST:
_________________________
Joanne Robbins, City Clerk