City Council Meeting Minutes Page 1 of 17 April 28, 2025 City of Lafayette
City Council
Lafayette Library and Learning Center – Don Tatzin Community Hall April 28, 2025 3491 Mount Diablo Boulevard, Lafayette, California 7:00 p.m.
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City Council and Environmental Task Force Meeting Minutes Page 2 of 17 April 28, 2025
1. CALL TO ORDER – 7:00 P.M.
Mayor Candell called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
Present: City Council: Mayor Candell; Councilmembers Cervantes, Dawson, and McCormick
Absent: Vice Mayor Anduri
Present: Environmental Task Force: Members Nancy Hu, Maria Gastelumendi, and Ashley Louisiana
Staff Present: Niroop Srivatsa, City Manager; Anna Tolle, Assistant Planner; 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 (Cervantes/Dawson) to adopt the agenda. Roll Call Vote: 4-0-1 (Ayes: Candell, Cervantes, Dawson and McCormick; Noes: None; Absent: Anduri).
5. PLEDGE OF ALLEGIANCE – Mayor Candell led in the Pledge of Allegiance.
6. PUBLIC COMMENTS (for items not on the agenda)
SRI REDDY ceded three minutes to John Fitzgerald.
JOHN FITZGERALD said he is a former insurance investigator, did homicides and contestable deaths, and noted this pertains to the Pamela Vitale murder of 2005. He read quotes as: “Dr. Carole Lieberman, California Court-Appointed Psychiatrist; Scott Dyleski was unjustly put behind bars while the real killer goes free.” He thinks Scott Dyleski was framed. The authorities had the wrong guy, and the person who should have been the right guy was the husband who they should have been putting on trial. This was the husband of Pamela Vitale who was attorney, Daniel Horowitz. He felt so strongly about this case that he wrote a letter to the Public Defender who was representing Scott Dyleski. He wrote a long letter and mainly told her that if Scott Dyleski was guilty, he did not act alone. Then, he went onto explain why it was not he who was guilty and why he thought it was the husband, Daniel Horowitz.
Reasons he thinks Daniel Horowitz had something to do with his wife’s murder is because Daniel was obsessed with media attention. Even after his wife was murdered, all he could do was try to get his face on every television show possible even leading his friend Nancy Grace on a tour of the murder scene shortly after the murder. This is not the normal behavior a grieving husband would show. Indeed, it seems like someone who was trying to hide their guilt by their bravado. Mr. Dyleski’s appointed attorney never called him or contacted him. Why? He is glad and happy to be bringing the public’s attention to this case again because it is only through that there will be enough pressure to have something done about it.
City Council and Environmental Task Force Meeting Minutes Page 3 of 17 April 28, 2025 Now, quotes from forensic science expert, Dr. Brent Turvey, one of the foremost DNA forensic experts in America and abroad who writes many of the textbooks for forensic analysis and homicide investigations for law enforcement and universities here and abroad. Turvey has performed casework as a crime scene analyst, crime reconstructionist, forensic criminologist, and criminal profiler for law enforcement agencies, attorney clients, and private agencies all over the world. Dr. Turvey conducted an examination of the evidence in 2011 concluding that many pieces of potentially sculptitory physical evidence were not properly examined and the DNA results used to associate Dyleski with the murder “were problematic and required an independent analysis.” It is fairly evident what happened. They did not do it because they did not want to go after the husband, Daniel Horowitz at all. It is very clear he killed her and then walked around the house and moved a bunch of stuff. Whatever did not match was just removed and not reported by the DNA analysis. But, Scott Dyleski sits in prison 20 years later while he had no involvement in this murder, and the City of Lafayette has done nothing.
Daniel Horowitz also sits on the Crime Commission representing the City which is disgusting and it must change, and he asked the City Council to understand the truth. He said he has been on this case for five years. They appeared two years ago here. Everybody nods their head, but he asked what has been done? Nothing. The Board of Supervisors sat on this information. They hid it away. He went down and picked it up last week. The lady even told him she has been there for 13 years and could not find it which she said is surprising. He cannot believe this and has never had this happen before. The reason why is because the District Attorney, the State of California framed a poor boy, Scott Dyleski, who had no criminal record whatsoever, trumped up charges. As soon as they found out this boy was taking some credit card numbers, they zeroed in on him. Daniel Horowitz didn’t even have an alibi for 5-6 hours the day of the murder. It is all provable and factually based. This is not conjecture. It is about time people realize that this poor boy is suffering. He got his butt kicked so terribly he was left bloody lying on the floor of the prison in 2016. One of the kingpins in the gangs was Daniel Horowitz where six months before, and there is an article that came out last week where a guy admitted the other day he did it because Daniel Horowitz was his attorney. He can guarantee the Council right now it was a hit.
He asked the Council to realize what they have done to this poor boy by not doing anything and said he is sick of it. It is about time people realize the truth. He asked to imagine if it was one of the Councilmembers’ child or grandchild. Everybody here has children or grandchildren or people they love.
He asked to imagine that Mr. Dyleski has been raped, abused for 20 years while the person who allegedly didn’t commit the murder walks around with a wife he was allegedly having an affair with and has two children with now. He is on record with another woman who got threatened for having her child taken away in a custody battle because she saw him flirting and then disappearing into a bedroom with another woman who was her best friend. This is all on record, but the news did not cover it. The DA’s office did not want it to appear in trial. Dyleski’s court-appointed attorney was criminal and he asked the Council to please wake up to the fact there is a boy suffering and this could be a Councilmembers’ child. He has children too, is pissed off and he has a right to be, and he asked the Council to do something about this.
RALPH A. HERNANDEZ said he is a private investigator and consultant, former police officer, and former Antioch Councilmember. He also in his early career was complimented in writing by the FBI Director Clarence Kelly for his abilities and knowledge, having worked with the FBI in various capacities. Scott Dyleski is innocent and was framed and railroaded. He has investigated the case since his appeal when he was hired in November of 2011, 6 years after the incident happened. The public has been fed a bunch of B.S.
City Council and Environmental Task Force Meeting Minutes Page 4 of 17 April 28, 2025 Scott Dyleski was a resident of Lafayette and because he was poor, he was easily picked on and blamed.
He has been working for 14 years now to get Mr. Dyleski a new trial. At the new trial, everything he has developed and everything that was used against him will and should come out. He needs the Council as public figures to help him. Because of the stupidity of the initial investigation, including the refusal of the District Attorney’s office, Public Defender’s office who poorly represented him, as well as the Board of Supervisors basically covering it up, there is still a murderer, if not plural—murderers, in the Lafayette community who killed Pamela Vitale. People are not safe here. He will answer any questions and has evidence that he has collected over the years.
For example, there were three search dogs separately who searched for the responsible person on the day of the murder. They went to one place and one place over only, and never to Scott’s house. This is very telling. The one renter on the properties went through three separate lie detector tests and the examiners found that this one particular suspect was deceptive. He deceived them on the critical questions. Lastly, he asked the Council to protect its community because the actual murderer is still here.
SHEILA CASTILLA said she was unable to speak at the last meeting concerning the free speech issue and that is why she is here today. Free speech is the bedrock of our democracy and one of our most cherished rights under the Constitution. It is important that if citizens feel strongly about a matter, that they have the right to express their thoughts and opinions in a peaceful manner. The signs, messages and protests in front of the Lafayette Elementary School that alert parents, community members, and other children to the dangers of puberty blockers, hormones, and surgeries to transition a child’s biological sex is protected free speech. She applauds the excellent work by the Lafayette Chief of Police and the analysis done by the City Attorney who stated that time, place, and manner restrictions cannot be used to bar protests from occurring during school pickup and drop-off or to relocate protests away from the school because it does not allow protestors to reach their target audience. It makes her proud to be a member of the Lafayette community when everyone can exercise their fundamental rights to free speech.
JENIFER PAUL said tonight in another room of the Library, the DRC will likely approve the Terraces developer’s request to remove an accessible pedestrian pathway from Pleasant Hill Road. According to the architect, KTGY, the steep slopes and significant elevation changes make an accessible route to the pool and fitness room impractical. She agrees the area is challenging as they said and it poses a lot of difficulties. But, the frustrating part is that 10 years ago in this very room she and many residents raised these exact concerns about the impracticality of placing a sports field 60-80 feet above a parking lot when they are looking at the homes at Deer Hill and how they were going to get a pathway to even connect them. KTGY was also the architect then. She asked where was the analysis, the concern for this and asked why this is just coming out now.
Numerous residents urged the removal of the sports field so the home project could be considered on its own, but their pleas were ignored. Now, when the obvious truth comes out that the pathway is not feasible, it will just be allowed to slide. The developer and the architect will be let off the hook and the residents will again lose. She is here not because she thinks they need to keep the pathway but is asking the City to remember back to that contentious time. None of the members were on the Council 10 years ago, but it stings. It stings that the pathway’s removal is just going to be quietly approved without acknowledgement or humility from the City and it feels like gas lighting yet again.
City Council and Environmental Task Force Meeting Minutes Page 5 of 17 April 28, 2025 It feels like when in 2010 the Council directed staff to downzone the Deer Hill parcel to LR-5, but City staff never enacted that zoning. Residents cried foul. Nothing happened. It got memory-holed. It feels like 2013 when the Terraces developer in this room said, “I know that the 315-unit project is a non-starter.” They proposed a new version. It was cut by one-third to 208 and it never got mentioned. After the homes came and went, it got memory-holed. We all know history has a way of repeating itself. She asked the Council to learn from the past mistakes that have occurred, listen to residents, and commit to better transparency and future decisions.
PAT HUEY said she has been a Democrat for most of her life. She stands in support of citizens to peacefully gather outside schools to express concerns about harms that are being done to children. One citizen, Lisa Disbrow, a long-time teacher, speaks the truth. Children cannot change their sex. They are far too young to be making these kinds of decisions. Most children who are diagnosed with gender dysphoria outgrow it. Puberty blockers and hormones are not reversible, though the trans-medical community claims that they are.
Mayor Candell said at the last hearing, the Council as a City has not purview over the school’s policies, so the topics the speaker is bringing up are more of a school policy issue and not a City policy. She asked Ms.
Huey to keep her comments to the protests, given it is not the City’s purview.
Ms. Huey said she is going to talk about free speech. These drugs cause sterility, bone loss, liver damage, kidney failure, cancer, memory loss and other ailments. Puberty blockers are not even designed for a healthy child’s puberty. They are designed for other issues such as prostate cancer or to castrate sex offenders. She asked why would anyone advocate for the castration of children. Parents must have the right to know the full story about so-called gender-affirming care. What lessons are being taught to the children of Lafayette by restricting citizens’ rights to peacefully protest outside schools. They are being taught that if they have a differing opinion, try to engage in civil discourse, then they must be silenced.
She likened it to lockstep as they march further and further away from being a true democracy. When limiting the free speech of one citizen, you limit the rights of all citizens.
LISA DISBROW said she is an American, a teacher, and a member of many organizations that protects human life and their dignity. She is a protector. She took an oath to the U.S. Constitution and resigned her career as a public-school teacher because her Constitutional rights were being violated and the rights of others were being violated. On April 14th the Council had a discussion regarding her protests in front of Lafayette Elementary School. No violations were ever cited that she committed. Violations against her were cited. In addition to that, two gentleman have accosted her in front of the school. Like many in the community, she opposes certain concepts that are not subject matter-oriented. Our schools are subject matter oriented. They have assumed the role of dictating identity issues.
She reminded the Council that Mayor Candell has recently, in the DeSaulnier Town Hall, promoted protests in support of illegal Kilmar Garcia. Her comments were, “What do we do? We fight. We fight. We have weekly protests every Tuesday night from 5-6. Clear your calendars to peacefully protest for an MS13 convicted illegal. We are here to fight for our beloved champion, Mark DeSaulnier.” Her question to Mayor Candell is, what about our beloved students? Their beloved families and their futures as young adults? Can we come together and have a Town Hall for them?
City Council and Environmental Task Force Meeting Minutes Page 6 of 17 April 28, 2025 Here in Lafayette, all voices that do not submit to the DEICRT ideology are silenced. We are mocked. We are demeaned. Can we have a Town Hall where we have civil discussion on these important issues that affect us all? That is what true diversity, true inclusivity looks like. That is the American way—to have open, civil discussion. We need to model that for our children and that is what she thinks the Council could do to make a huge advancement in the interest of Lamorinda at large. There are investigations about our school district and all of these issues are being heard in litigations across the nation and before the Supreme Court.
KRISTIN ANDERSON said she is a registered Democrat and is coming here after reviewing the April 14th meeting minutes for this group and listening to the words that were written down. It seems people are concerned about safety hazards from drivers, not paying attention around the school drop-off zone, and about the protests that are going on. It is her understanding in reading the meeting minutes there have been no blockage of the sidewalk. There has not been any action by the protestors that is interfering with anyone else’s right to move on the sidewalk or on the road. She is looking at a map of Lafayette Elementary School and thinking if there are problems around the drop-off zone on Moraga Road, it might be time to enforce a lower speed limit around that area so that it is a safer zone altogether. This is done in many jurisdictions all around the place. She is here in favor of free speech and supporting the right of anyone to hold a sign as long as they are not impeding the flow of traffic or people on a sidewalk.
JACK BELGARDE said he is a supporter of freedom of speech. He wants to reiterate, and the City Attorney knows this based off of the minutes from the last meeting that he was here for, that a public sidewalk is a public sidewalk. It does not matter what the signage says. It does not matter how offended you are by it. Freedom of speech is freedom of speech. One argument that was mentioned in the prior meeting was whether the target audience is being met. This does not matter. The First Amendment does not state that anywhere. If he want to go out and scream at the sky because he is upset with who won the election, he can do that. This is his right to do so. Another argument mentioned was that the protestors are going to cause a collision. God forbid someone is going to get hit. As horrible as that might be, it would not be their fault. Based off of the testimony brought by the crossing guard, he said he saw drivers take their hands off the wheel to take pictures and to record the protestors and their signs. Based off of that testimony, if there were to be a collision of some sort, it would not be Ms. Disbrow’s fault or her team. It would be the driver’s fault---keep your hands on the wheel, act like an adult, and keep calm.
At the end of the day, freedom of speech is a God given right. Anyone who wants to impose some kind of restriction on it on a sidewalk is a tyrant, and we all read 1984 in high school or middle school that was written by George Orwell. Freedom of speech is what makes America American, and he hopes it is in this City’s best interests to not impose any restriction on anyone’s right to say what they want. If the Council does not like what their signs have to say, he suggested counter-protesting it. Good speech is how you combat bad speech. At the end of the day, there is no such thing as bad speech. It is all free.
ERIN FRIDAY said she is a lifelong Democrat, a licensed attorney, and she is the President of Our Duty, a national non-partisan, non-religious group of advocates whose mission is to safeguard children and vulnerable adults from the mental and medical harms of the gender industry. Her child thought she was a transgender boy for two years and with love and compassion, she reverted back to being comfortable in her natural body. She personally thanked Lisa Disbrow who has been peacefully educating parents and the public on a public sidewalk, which is completely legal and within the First Amendment in front of an elementary school that the transgender movement is one of the most insidious medical crimes of our lifetime. Transgenderism is the most-unkind belief system conjured up because it preys upon children.
City Council and Environmental Task Force Meeting Minutes Page 7 of 17 April 28, 2025 Mayor Candell asked Ms. Friday to keep her comments to the protest because the Council has no purview over what she is commenting on.
Ms. Friday said she is educating the Council on how horrible gender ideology is. She asked if Mayor Candell is telling her she can only speak on what she only wants to speak on, as this is a violation of her First Amendment right.
City Attorney Subramanian said to clarify, public comment is for items not on the agenda that are within the City Council’s purview. This is what the Mayor is trying to get Ms. Friday to speak about. The items she is currently discussing are not within the Council’s purview.
Ms. Friday said she will then talk about the First Amendment. There is a reason for the First Amendment because it is the foundation of our country’s freedoms. She does not think any member of the public, whether the Council does not like their message, which is called viewpoint discrimination, it does not matter. They have the right to protest peacefully as long as they are not impeding anyone’s passage. They are allowed to protest. She is so proud to stand with Lisa Disbrow on this issue and more people need to be taking up this issue, including the City Council. The Council should be looking at this issue and what is happening to their constituents with this transgender movement harming our children.
JAMES COOK said he wants to talk about is what the City is trying to consider which would be an ordinance for the specific space. If you talk with Walnut Creek, they were out there in front of the Planned Parenthood and they made two ordinances because of them. Neither of those ordinances did what the Council had planned them to do. They were in shock as it did not do anything to change their free speech.
He spoke to a Councilmember after the last meeting and said if the Council enacts an ordinance, it is not going to stop Ms. Disbrow from actually holding signs. He suggested talking with Walnut Creek Council because it will not push her away or to stop her free speech. They are wasting the taxpayer’s money and time here because they cannot stifle free speech. It will not push her down the street because they will have to go to court and it will come out in court.
The Council can make all of the ordinances it wants, but it will not push people who want to protest the school out of the way. They are right in front of the driveways, get to talk to people, and do the same things they have been doing, but it was because of the very few people who did not like the message. This is exactly what they are protesting and exactly why the Council is listening to the very few people who live in Lafayette and the Council wants them to jump through hoops. There are distracted drivers there without Ms. Disbrow, and any judge will see that Ms. Disbrow is not causing anything to be unsafe. What the Council is hearing are from a very few people who got 400 signatures when the Council represents its entire population and are listening to a tiny group of people who do not like the message. It is about the message. The Council cannot deny that, and he saw Councilmembers last week rallying people to go protest, and he recommended the Council get out of the way and let freedom ring.
DAVID BERTI referred to the Town Hall meeting held last Monday on April 23rd by the U.S. Representative who is a Democrat to the 10th District. At the beginning of the U-Tube video he watched, Mayor Candell condemned the Trump administration, then discussed the anti-Trump protests in Lafayette and said the following: “We have weekly protests right here in Lafayette every Tuesday night from 5-6. Clear your calendars, stop making excuses, and get down there and peacefully protest.” City Council and Environmental Task Force Meeting Minutes Page 8 of 17 April 28, 2025 These protests the Mayor is promoting are at the busiest intersection in Lafayette at Mt. Diablo Boulevard and Moraga Road. Over 50 people attend and sometimes more with about 20 signs at a time. His wife told him she was delayed over 30 minutes by one of these protests when coming home from work.
Contrast these large anti-Trump protests with a small protest with signs at the Lafayette Elementary School on Moraga Road just down the street where counter-protestors often outnumber the protestors.
These protestors are against the Lafayette School’s teachings of gender ideology and its support for socalled gender affirming care for its minor students. Safety issues about these school protests were discussed at length at the Council meeting on April 14th but he has heard nothing about the anti-Trump protests nearby.
During the City Council discussion on April 14th a petition was read asking the City to suppress the school protests. It is entitled, “Petition to keep Lafayette students safe from traffic distractions caused by protestors.” It begins, “We, the undersigned residents, parents, educators, and community members of Lafayette are deeply concerned about the safety risk posed by recent protests at Lafayette Elementary School.” The protestors are asking Lafayette City Council to establish a protest-free zone around the schools for the duration of school activity. The petition has many comments he recommended the Council watch, but there are also comments that expose the real purpose such as how to get a restraining order against Lisa Disbrow. He finds their protests to be unsafe and a larger distraction. Also, he disagrees with them. The awful, painful, horrible signs by Moms of Liberty, Lisa and her crew spread lies and create an unsafe environment for the family. To summarize, the Mayor of the City of Lafayette recently asked local citizens to demonstrate against the federal executive administration about national issues over which the City has no authority. He believes that appeal was inappropriate and he asked the Council to try and remain neutral about these two protests and not pick sides.
ROBERT LAVOIE said most of his points have been mentioned by others, said he wanted to encourage the City Council to remain neutral in commenting on political events that are not related to the City of Lafayette. Regarding the mention of protesting at the major intersection of Mt. Diablo and Moraga Road which he also witnessed, he is not saying they should not have those protests there but it is a much larger safety hazard than the small protests over by Lafayette Elementary School. He thinks the Council needs to be very careful and very consistent if they are going to promote the one on Mt. Diablo near the sidewalk that was removed for a while because of safety concerns between the park and Bank of America. He thinks people will appreciate the Council remaining politically neutral and focusing on issues like housing and keeping the State from ruining the City of Lafayette with the laws they are making.
7. CITY MANAGER’S UPDATE
City Manager Niroop Srivatsa gave the following update:
From Emergency Preparedness:
• An invitation is extended to everyone to attend Consolidated Fire’s Wildfire Community Preparedness Day this Saturday from 9-12 noon. The City of Lafayette will be represented there, will have a booth, a patrol car, and information about their efforts towards preparedness and evacuations.
• She reminded everybody that this Saturday is also Lafayette Community Day.
From the Public Art Committee:
City Council and Environmental Task Force Meeting Minutes Page 9 of 17 April 28, 2025 • Do not miss Poetry for the Ages, a lunchtime event from 12 noon to 1:15 p.m. tomorrow at the Town Hall Theater. Enjoy a line-up of local poets followed by an artist talk by Bushra Gill. This is a free event and open to all, hosted by the Public Art Committee, Lamorinda Arts Council, and the Town Hall Theater.
From Parks, Trails, and Recreation:
• A few years ago, PG&E offered to install an emergency generator at the Lafayette Community Center in the JRB Building which would serve as a community resource center when they lost power during a PSPS event. The term for the installation is over, but PG&E has extended the term for an additional five years. The City thanks PG&E for that. The center will serve as an area where people can come to charge their phones and other equipment.
Mayor Candell opened the public comment period, and there were no speakers.
Re-Arrange Agenda
Mayor Candell proposed moving Item 15.A up to be heard after Item 8.A; the ETF presentation.
ACTION: It was M/S/C (Dawson/Cervantes) to move Item 15.A. up on the agenda to be heard after Item
8.A. Vote: 4-0-1 (Ayes: Candell, Cervantes, Dawson, and McCormick; Noes: None; Absent: Anduri).
8. PRESENTATIONS
A. Environmental Task Force
Annual Update on Goals and Accomplishments
Recommendation: Receive and file.
Introductions were made of ETF Chair Ashley Louisiana, former Vice Chair and Former Chair Nancy Hu, and Co-Chair Maria Gastelumendi.
Ms. Hu recognized Anna Tolle, staff liaison, for her assistance with the ETF and members individually gave a PowerPoint presentation on the annual 2025 goals and 2024 accomplishments.
As far as accomplishments, the ETF re-organized their task force, worked with the City liaison to develop a survey to obtain feedback regarding movement to electric leaf blowers, creation of a lending program for leaf blowers and induction cooktops, partnered with Parks, Trails, and Recreation and buy a small electric leaf blower and commercial leaf blower, and purchased a portable induction cooktop to demystify the relationship of those who cook. In the process of educating the community, they created a bilingual brochure/flyer and distributed this throughout the City to all residents and various locations, which she described. They contacted local businesses that sell such equipment who partnered with the City to distribute brochures and flyers, as well as offering a 20% discount to purchases. They also received help from Sustainable Lafayette who paid for two banners posted at the Acalanes High School and the Community Garden.
City Council and Environmental Task Force Meeting Minutes Page 10 of 17 April 28, 2025 EFT Member Ashley Louisiana presented initiatives that the ETF and Ms. Tolle monitor. They recognized 8 community members last April for Earth Day for the Green Award for their different environmental actions and projects in the City. The City decided to become a member of the cleaner Contra Costa Challenge. They had 443 households signed up which was an increase from 2023. The goal is 500 and residents can still go and participate in this challenge today which is live on the Sustainable Contra Costa website. Their C&D diversion is up in 2024 from about 80% to 86% as they are seeing more recycled materials, a slight increase in reuse which is great. They are also discussing increasing their Level 2 to Level 3 EV charging stations and what community members need.
Co-Chair Gastelumendi said in moving forward to 2025 and continuing their work with electrification plan and removing gas mowers and implementing the ordinance, the ETF considers electrification is very important, but it seems not too many people care about the ordinance. There are many complaints and they appreciate now the City has hired someone who can enforce code violations, some being very serious from apartment buildings as well as business complexes, and it is difficult for the task force to determine who to send the information to. They cannot target the workers because the ordinance is written to contact the owner of the property or manager of the complex and not to workers. So, they need the City’s guidance on this. They would also like to request access to the Safeway store marquee at least four times a year to continue to advertise the ordinance information and consequences of using gas powered equipment in the friendliest way as possible and as a reminder. They plan to continue working with partners, Chamber of Commerce, Sustainable Lafayette and their liaison.
ETF Member Louisiana said the ETF has been considering a food ware ordinance or some form of this for many years. They had an ordinance prior to the pandemic which changed the landscape of the restaurant industry. Some counties are coming back to these ordinances. Last year, the ETF decided to vote on what they would like to prioritize for the year and voted to work on single-use plastics and throw-away materials, and came back to their draft ordinance. The key requirements in the ordinance would be reusables for dine-in, potentially a 25-cent customer fee for single-use to-go cups and requirements around recyclable or compostable materials for to-go orders.
ETF members have been going to a regional California-wide food ware working group to see how other cities pass this ordinance, see what their requirements are, outreach plans, funding, etc., and they are tracking many jurisdictions throughout the state. They got a survey live from the City and, as of last week, residents can find what initiatives residents are in support of from ETF’s website, whether they have additional ideas, if they want to follow the process, and they can leave their email. Their booth was focused on encouraging residents to bring reusables at Earth Day yesterday. They have received 20 responses thus far mostly in favor of the requirements, and there were some questions around the 25-cent customer fee for the to-go cups. The ETF hopes to follow the same strategy last year for the electric leaf blower ordinance to understand where the community is at with understanding and adhering to these requirements.
In order to bring forward an ordinance, the ETF received some funding last year for the leaf blower ordinance and they were hoping they might work with staff and the budget process to get some funding to conduct outreach and education this year.
Mayor Candell thanked ETF members for their presentation. What she is hearing is that the ETF will be requesting some funding during the budget process. She asked about code enforcement guidance for the gas leaf blowers.
City Council and Environmental Task Force Meeting Minutes Page 11 of 17 April 28, 2025 ETF Member Gastelumendi said it is more as to how to address the issue of contacting absentee owners or managers that are not in the location where violations are occurring regularly and continually.
Councilmember McCormick thanked the ETF for their work. Regarding the construction demolition waste and the target is 80%. He asked if this is reporting what is happening or he asked if ETF was going something to help improve this waste.
ETF Member Louisiana said this has been on their to do list and it was one consideration they could have voted on if they wanted to prioritize that this year. It is mainly monitoring. They have debated some sort of re-use or deconstruction ordinance in Lafayette. There is current code that one of her predecessors helped the City of Lafayette pass to require 75% diversion instead of the statewide 65%, so that is the current Lafayette code. So, Lafayette would be one of the first cities around to take that next step and it is something they could consider in the future, and it is on their to do list.
Councilmember McCormick noted the amount of housing construction being built over the next several years, and he thinks having a forward-looking policy on this would be useful. He also referred to the single-use food ware and thought the State was moving fast in this area and it did not make much sense for local jurisdictions to do things. He asked if the State is not moving forward with this or not.
ETF Member Louisiana said she thinks in the regional state-wide meeting they have participated in, this is exactly the comments being passed around California which is not to necessarily focus on the types of materials businesses can use as Recyclable Compostable California will probably take care of that in the future, but to focus more on the reusables. So, there is still work the ETF could do with the commercial sector as far as single-use disposable items. They could focus on the reusables aspect of it, and also the State passed SB 54 that was focusing on the types of materials that could be sold in the State of California, but that is on hold right now.
ETF Nancy Hu referred to how the State is starting to mandate more recyclable and more recyclable content materials, as well as things that are considered more compostable. That does not necessarily go into trying to encourage re-use which is something that is a lot easier to do at the more local level with cities. As they have been working with Recycle Smart, given Ashley Louisiana is from Recycle Smart, she let the ETF know there is funding from Recycle Smart to help local businesses transition to reusables on site. This includes having silverware, as well as bowls, cups, and even dishwashers so businesses can make the transition and save money in doing so. Right now, even though they have had funding for it, businesses have not responded to the idea because there is no incentive to change. Part of the ETF thinking of developing an ordinance to get people thinking about it might kickstart the idea of trying to bring reuse into their own businesses to save money and reduce waste.
Councilmember Dawson thanked the ETF Commission, noting it was a long time when the ordinance was first developed and is glad it is being considered as a focus. She appreciates all the work of the ETF.
She knows Recycle Smart is working with schools to help them to get dishwashers in which is a good thing. Regarding Cresco Equipment Rentals, she asked if they are offering a discount for electric blowers.
Ms. Hu said she did not know if they were still offering the discount, but when she talked with them, they were very on-board with the ordinance as well as helping with the education. When she asked the question about the discount they were offering, they said it was 20% toward a rental of a commercial backpack blower.
City Council and Environmental Task Force Meeting Minutes Page 12 of 17 April 28, 2025 Councilmember Cervantes thanked the ETF Commission for the efforts they are making. This is very important in moving the community along. For him, the food ware issue is a very complicated one. It impacts every restaurant and every grocery store, and likely others. He thinks some sort of survey of the business community would be critical he would think, and if the State is not acting, getting a sense of what other communities are doing or have done and lessons learned so the City can pursue those efforts. This could be informative as to what is a good, coherent strategy to address this that does not negatively impact the business community. Finding that balance could be really important and also finding out what other cities have implemented something like this.
Ms. Gastelumendi said there is a serious movement nationwide going into reusables. The diversion rate is increasing. She has been in a pilot program for over a year, and it is very complicated. They need to learn which other cities have already implemented their reuse program who have moved forward at this level and learn how they operate because they talk about having a company that picks up the things, washes them, and returns them. So, it will take more than just a restaurant and a to-go box and they are working on trying to solve the problem of garbage.
Mayor Candell opened the public comment period.
ROB LAVOIE said as a business owner of a former restaurant and a consultant to restaurants for 30 years, his question is there was a question about the EV charging stations generated $12,000 of income to the City. He wondered what the cost of that was to the City, given it should be compared. Regarding his comments, he supposes making criminals out of residents who are exercising their energy freedom, the leaf blower laws is one example of that, which he made comments about previously, there is a good book, Unsettled: What Climate Science Tells Us, What It Doesn't, and Why It Matters, by Steven Koonin he would recommend.
Regarding changes in the food industry and restaurants, they are already bombarded by higher minimum wages every year. Restaurants are trying to figure out how they can have the employees they need. They are still recovering from COVID, and so forcing them to go with higher cost items is just not really a possibility. There is a group of people mandating what businesses do and they are not the ones putting the capital in and writing the paychecks, so it is unfair for people who do not have businesses telling them how to run it and not providing the capital. So, if they cannot find cheap enough substitutes, then they have to leave people the freedom to choose what works for their business.
15. WRITTEN COMMUNICATIONS
A. E-mail from Elizabeth Johnson, Program Manager, Parkinsons Network of Mt. Diablo (PNMD), requesting a proclamation recognizing April as Parkinson’s month in Lafayette.
Recommendation: Adopt the proclamation recognizing April as Parkinson’s Month in Lafayette.
Mayor Candell opened the public comment period.
City Council and Environmental Task Force Meeting Minutes Page 13 of 17 April 28, 2025 CHERYL MACDONALD thanked the City for considering this proclamation and hopes the Council will understand she is representing a large group of people that had this disease. She is putting a big foot forward to be in public speaking and is usually at home on Zoom without her picture. In the proclamation it states 90,000 people are diagnosed every year and she is one of the ones of the 90,000 diagnosed last year and is still coming to terms with it. She is learning that Parkinson’s is not her, but is part of her. Many people think of Michael J. Fox as he has tremors, but there are many other symptoms besides that which many people face. For her personally, it is her face and there is something called Parkinson’s mask which means it is hard for her to smile.
One of the other things is they get smaller steps, voices get softer, hand-writing gets smaller, and everybody that has Parkinson’s will have these symptoms and will work hard to make themselves big with a big voice, big writing, and big steps. Many of those with Parkinson’s shy away from public engagements and parties because of embarrassment. She has a friend who has it and he has tremors in his hands, so he keeps his hands in his pockets. It is not shame but just coming to terms with it. She is not trying to be held down about this. There is a lot of hope in the Parkinson’s world, as research is being done at UCSF and Stanford who are making progress to slow the disease and she is very hopeful.
She also mentioned there is a wonderful organization she fell upon via a friend called, The Parkinson’s Network of Mt. Diablo in Walnut Creek. It is wonderful for exercise, social engagement, and getting tips.
Therefore, it is not all gloom and doom and she wanted to put her faith out there for this disease.
Councilmember McCormick said Ms. MacDonald is welcome to speak in person here any time and the Council wants to see her face and hear her thoughts and opinions, and they are behind her all the way.
Mayor Candell and Councilmembers thanked Ms. MacDonald for sharing.
ACTION: It was M/S/C (Dawson/Cervantes) to adopt the proclamation recognizing April as Parkinson’s Month in Lafayette. Vote: 4-0-1 (Ayes: Candell, Cervantes, Dawson, and McCormick; Noes: None; Absent:
Anduri).
Mayor Candell then read the proclamation into the record.
9. CONSENT CALENDAR
City Manager Srivatsa requested the Council pull Item 9.C, as she needs to make a correction. Mayor Candell asked and confirmed Rob Lavoie requested removal of Item 9.A. There were no other requests or public comments.
B. Surplus Property
Recommendation: Declare that the equipment described is surplus property and donate or sell as appropriate.
ACTION: It was M/S/C (Dawson/Cervantes) to adopt the Consent Calendar Item B. Vote: 4-0-1 (Ayes:
Candell, Cervantes, Dawson, and McCormick; Noes: None; Absent: Anduri).
10. OLD BUSINESS – None.
11. STAFF REPORTS
City Council and Environmental Task Force Meeting Minutes Page 14 of 17 April 28, 2025
12. PUBLIC HEARINGS – None.
13. ITEMS REMOVED FROM CONSENT
A. Minutes – April 14, 2025
Recommendation: Approve.
Rob Lavoie stated the minutes transcribed for the meeting of April 14th only included one public comment under Item 9 which were Rob Sturm’s comments. He said there were two others speakers, and he wanted these minutes to be corrected and the speakers’ comments added to the record.
City Clerk Joanne Robbins agreed to bring the April 14, 2025 minutes back to the City Council at the next meeting.
C. Approval of the Plaza Park Shops Tenant List pursuant section 5.3 of the Poy Overlay Agreement. Project is located at 3535-3541 Plaza Way & 996-998 Moraga Rd. APN 243-222- 020
Recommendation: Approve the tenant list as proposed, accepting the 13 additional options and indicating an interest for the next tenant list to contain more retail options.
City Manager Niroop Srivatsa stated in addition to the list of stores, staff failed to add two more; one is Crush’d Wine Bar which has one other branch in Danville and the second is Big Woof, which is a specialty pet boutique and spa. Both businesses meet the guidelines of the Plaza Way Overlay District and staff is recommending approval.
Mayor Candell opened the public comment period, and there were no speakers.
Councilmember Cervantes stated he feels extremely unqualified to judge the viability of any of these businesses. He knows it is the way the agreement was written but he has no idea what the market is for any of these operations. He knows this had been crafted years ago, but whether it should be 65% for food service limit or something higher, the City wants a viable, successful downtown and he thinks more flexibility might be appropriate. He will vote for this, but said he is no judge of what these businesses would add.
Mayor Candell asked if staff will be bringing the Plaza Overlay back, and Ms. Srivatsa confirmed and said it is on the City’s Work Plan this year.
Mayor Candell noted Councilmember Cervantes’ issues would basically be addressed at that time.
ACTION: It was M/S/C (Cervantes/Dawson) to adopt the Consent Calendar Item C, as amended to add Crush’d Wine Bar and Big Woof. Vote: 4-0-1 (Ayes: Candell, Cervantes, Dawson, and McCormick; Noes:
None; Absent: Anduri).
14. COUNCIL / COMMISSION REPORTS
A. Councilmembers report on activities and consideration of matters a Councilmember wishes to initiate for placement on a future agenda.
City Council and Environmental Task Force Meeting Minutes Page 15 of 17 April 28, 2025 Councilmember Cervantes said he was privileged to be the Councilmember to present the Council’s proclamation at the Lamorinda Village Lunch on Friday which was a terrific event. The Village represents such an asset for Lamorinda and he had to start off by acknowledging Don Jenkins because he is the person who recruited him to join Lamorinda Village. When he explained what it was about, he admittedly is a very inactive member, but nonetheless, it is a terrific part of the Lafayette community. He is proud the Council is supporting it and the vibe in the room was inspirational.
Mayor Candell said Lafayette Community Day is this Saturday and every single slot is full. They have had more volunteers and more projects this year than ever before.
She also reported attending the Cancer Community Support ground-breaking last week with Congressman Mark DeSaulnier, Senator Tim Grayson, Supervisor Candace Andersen, plus 200 to 300 people in attendance. The facility will be completed in 18 months.
Following that night was Mark DeSaulnier’s Town Hall at Acalanes High School which was also extremely well-attended. She did speak and she thinks it pertains to matters that are affecting residents here by our federal government. So, she was trying to be cognizant of things that would affect residents.
Congressman DeSaulnier’s presence in the Capitol now as a statesman resulted in a calming effect on many in the audience.
On Friday, Senator Tim Grayson and City Manager Srivatsa, herself, and Police Chief Williams and members of the Town Hall Theater held a little walk-about around Lafayette. He and his staff learned a lot about what Lafayette is all about. They visited the Town Hall Theater, talked about 949 Moraga Road, the Lamorinda Care Collective on Oak Hill Road, talked about the new project on Oak Hill Road, and 949 Huff and watching it be built, they said the City of Lafayette is doing a lot of building. So, she thinks the Senator may be changing his view about Lafayette. The City has a reputation that is not representative of what they do in Lafayette, so they will try to change that one person at a time. She recognized the City Manager for coordinating the event.
B. Councilmember Cervantes and Mayor Candell
Bills of Local Importance and Legislative Matrix
1. AB 300 (Lackey): Fire hazard severity zones: State Fire Marshal Recommendation: Support.
2. AB 307 (Petrie-Norris): Safe Drinking Water, Wildfire Prevention, Drought Preparedness, And Clean Air Bond Act of 2024: Department of Forestry and Fire Protection: Fire Camera Mapping System
Recommendation: Support.
3. AB650 (Papan): Planning and Zoning: Housing Element: Regional Housing Needs Allocation Recommendation: Support.
4. AB712 (Wicks): Housing Reform Laws: Enforcement Actions: Fines and Penalties Recommendation: Oppose.
5. SB 90 (Seyarto): Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024: Grants: Improvements to Public Evacuation Routes: Mobile Rigid Water Storage: Electrical Generators
Recommendation: Support.
6. SB 233 (Seyarto): Regional Housing Need: Determination: Consultation with Councils of Governments
Recommendation: Support.
City Council and Environmental Task Force Meeting Minutes Page 16 of 17 April 28, 2025
7. SB 607 (Wiener): CEQA: Categorical Exemption: Infill Projects Recommendation: Watch.
8. Bill Matrix
Recommendation: Receive and file.
Councilmember Cervantes asked and confirmed that Councilmembers were familiar with the various bills and the packet summarized them. He said one bill is one being watched which is SB 607 (Wiener) relating to CEQA. The other bills addressed some of the topics the Council is concerned about such as fire safety, addressing potential legal liability, and improving the RHNA process. The Legislative Committee met and thought these were worth presenting to the Council for support, with one opposition which is AB 712 (Wicks) and they might circle back on SB 607 depending on how that moves.
City Manager Srivatsa noted that Casey Elliott from Townsend Public Affairs is available to answer questions.
Mayor Candell said the Senate Housing Committee which Senator Tim Grayson was one was very contentious for the first time in a long time in terms of the Chair. There is some thought into whether these bills are really working. Many people told her they listened in and thought it was very helpful that instead of passing things blindly, to try to get results out of some of these bills.
Mayor Candell opened the public comment period, and there were no speakers.
Councilmembers thanked Casey Elliott for the update he circulated.
ACTION: It was M/S/C (Cervantes/Candell) to move accept staff’s recommendation. Vote: 4-0-1 (Ayes:
Candell, Cervantes, Dawson, and McCormick; Noes: None; Absent: Anduri).
15. WRITTEN COMMUNICATIONS
B. Request from Grace Dixon, President, All Ages Recreation Downtown (AARD), requesting permission to temporarily close the Oak Bridge Parking Lot on Sundays from May 18 through August 17, to host a series of Artisan Fair and Recreation events.
Recommendation: Approve the request to temporarily close the Oak Bridge Parking Lot on Sundays from May 18 through August 17, for Artisan Fair and Recreation events; authorize the encroachment approval for this purpose and waiving the City’s encroachment permit fees, authorize the City Manager to execute any necessary agreements with AARD.
City Manager Srivatsa referred to the staff report which PTR Director Jonathan Katayanagi prepared, and staff is recommending approval, as it is the kind of activity they would like to see in the downtown.
Councilmember Dawson noted Eden Dixon is an intern, and she asked how this came about.
Mayor Candell opened the public comment period.
DAVID CLARK said he likes this proposal and asked that the Council accept it.
City Council and Environmental Task Force Meeting Minutes Page 17 of 17 April 28, 2025 GRACE DIXON said on behalf of Eden Dixon, it came about because Princeton has a John C. Bogle fellowship and 20 Princeton students receive it every year. It is for civic engagement. It is renewable, so she applied and got it. In essence, Princeton is paying for her to work full-time to raise money for the City of Lafayette parks. She hopes this is renewed for multiple occasions, and they are taking advantage of the full-time payment and Lafayette weather and trying to grow that project so Princeton will be impressed and hopefully renew it.
STELLA WOTHERSPOON spoke in favor of the event, said it will be fabulous to have this kind of programming throughout the summer as it will bring vitality to the downtown, and she looks forward to it.
Mayor Candell and Councilmembers echoed Ms. Wotherspoon’s comments, said this area of the Lafayette downtown has been under-utilized, thanked Ms. Dixon for thinking outside of the box and the planning process, and looks forward to the events held over the summer.
ACTION: It was M/S/C (Dawson/McCormick) to approve the request to temporarily close the Oak Bridge Parking Lot on Sundays from May 18 through August 17, for Artisan Fair and Recreation events; authorize the encroachment approval for this purpose and waiving the City’s encroachment permit fees, authorize the City Manager to execute any necessary agreements with AARD. Vote: 4-0-1 (Ayes: Candell, Cervantes, Dawson, and McCormick; Noes: None; Absent: Anduri).
16. ADJOURNMENT – 8:37 p.m.
APPROVED:
__________________________________
Susan Candell, Mayor
ATTEST:
_________________________
Joanne Robbins, City Clerk