City Council Meeting
City of Lafayette
City Council
Lafayette Library & Learning Center-Don Tatzin Community Hall 3491 Mt. Diablo Boulevard
Lafayette, California
5722 Nile Rd., Carnelian Bay, CA.
Monday, August 11, 2025
6:00
p.m.
August 11, 2025 Action Agenda
August 11, 2025 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 [email protected] 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/85392210407?pwd=Blg2TzmPYN6KaMgY0g6qvIbaAC7tHU.1 Passcode: 426199 Or join by phone: Dial 1 669 900 9128 Webinar ID: 853 9221 0407 Passcode: 426199 1)
Call to Order 6:00 PM
2)
Roll Call
3)
Circumstances Pursuant to AB 2449 (Gov. Code section 54953(f).) 4)
Adoption of Agenda
5)
Public Comments (on Closed Session items only) 6:00 PM
6)
Closed Session 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
7)
Pledge of Allegiance 6:20 pm
8)
Mayor Candell – Land Acknowledgment Statement
9)
Public Comments (for items not on the agenda) 6:20 pm
10)
City Manager’s Update
11)
Presentation 6:20pm
A.
Tracy Robinson, Assistant City Manager
Introduction of new employees Kyle Baarde and Heather Ward Recommendation:
Receive and file.
B.
Don Tatzin, CCCTA Board Member Representing Lafayette
Update on County Connection
Recommendation:
Receive and file.
Item 11B
12)
Consent Calendar
A.
City Council Minutes
1. July 14, 2025
Recommendation:
Adopt.
2. July 15, 2025
Recommendation:
Adopt.
Item 12A1
Item 12A2
B.
Final Acceptance of the 2025 Pathway Project East Bay Regional Park District (EBRPD) Parking Lot to Springhill School – Project No. 014-9743 Recommendation:
Accept construction of the 2025 Pathway Project EBRPD Parking Lot to Springhill School, Project No. 014-9743, as complete and authorize staff to file the Notice of Completion.
Item 12B
C.
Resolution 2025-42 Establishing the Rate of Tax Levy to Provide for Payment of Principal and Interest on the Series 2011 General Obligation Refunding Bonds for FY 2025-2026 Recommendation:
Adopt Resolution 2025-42.
Item 12C
D.
Investment Policy Statement Update
Recommendation:
Adopt Resolution 2025-47 updating Administrative Regulation 700 – Investment Policy.
Item 12D
E.
Investment Strategy and Oversight Updates
Recommendation:
Receive and file.
Item 12E
F.
Authorize Contract for the Police Station Roof and Ducting Project at 3471 Mt. Diablo Boulevard Recommendation:
1) Authorize City Manager to enter into a contract with BT Roof to replace the roof and mechanical ducts at the Lafayette Police Station located at 3471 Mt. Diablo Boulevard. 2) Release $350,000 from the Police Station Sinking Fund (016 351.5) and transfer into Fund 016 640 906 for the Police Station Roof and Mechanical Duct Replacement Project.
Item 12F
Item 12F Proposals
G.
Adjust Finance Manager Salary Range
Recommendation:
Revise the FY25-26 Finance Manager salary range to $14,088 - $19,695/month.
Item 12G
H.
Steps to Initiate the Measure H Citizens Oversight Committee Recommendation:
Direct staff to prepare a resolution establishing a Citizens Oversight Committee for Measure H and return to Council for approval on September 8th.
Item 12H
I.
Ordinance 697 Adopting Amendments to amend and adopt Title 6, Part 2, Chapter 6-3 “Definitions”, Chapter 6-4 “Activity Classifications”, Chapter 6-5, Article 1, Section 6-534 “Supportive care criteria”, Part 3, “Land Use Districts”, Part 7, Chapter 6-34, “Reasonable Accommodation”, Chapter 6-35 “Emergency Shelters”, Chapter 6-37 “Inclusionary Housing”, and Chapter 6-38 “Housing Development and Urban Lot Splits” and Repeal Title 6, Part 3, Chapter 6-13, Article 2 “General Agricultural District” and Article 3 “Heavy Agricultural District” of the Municipal Code for ZT01-25 Housing Element Implementation. Environmental Review: An EIR was prepared and certified (with an Addendum) and the subject Housing Element implementation is covered by this prior EIR. Additionally, zoning text amendment is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3), which provides that CEQA does not apply where it can be seen with certainty that there is no possibility of a significant effect on the environment.
Recommendation:
Waive second reading of Ordinance 697 and adopt.
Item 12I
J.
Request to Extend Oak Bridge Parking Lot Temporary Closure for All Ages Recreation Downtown (AARD) on Sundays through October 26, 2025, from 10:00 AM to 7:00PM Recommendation:
Approve AARD’s request to extend the Sunday closure of the Oak Bridge Parking Lot for pop-up recreation events through October 26, 2025, from 10:00 AM to 7:00 PM; authorize the City Manager to execute any necessary agreements with AARD to ensure insurance, safety, and maintenance responsibilities are met; waive encroachment permit fees for the duration of the extended events.
Item 12J
Item 12J Public Comment
K.
Settlement Agreement between Happy Valley Oaks, LLC, Kris Leamy and Robin Leamy and the City of Lafayette Regarding Litigation associated with 4123 Happy Valley Road and APNs 247-010-0294,247-010-030-2, 247-010-033-6, 247-010-34-4, 247-010-35-1, 247-010-36-9, 247-010-37-7, 247-010-38-5, 247-010-339-3, 247-010-019, 247-010-020 (Property) Recommendation:
Authorize the City Manager to execute the Settlement Agreement to settle Happy Valley Oaks, LLC v. City of Lafayette, Contra Costa Superior Court, Case No. N19-1800 and Leamy, et al. v. City of Lafayette, Contra Costa Superior Court, Case No. CIVMSC20-02456.
Item 12K
L.
APPEAL BY JEFF AND PAM SWARTS ET AL OF HDP06-24, TP08-24, GR04-24, V04-24 Pedneault (Owner) R-10 Zoning: Request for 1) Phase 1 & 2 Hillside Development Permit, 2) Category 2 Tree Permit, 3) Grading Permit, and 4) a Variance to reduce the side yard setback and remove 14 trees for the construction of a 2,307 sq. ft., two-story single-family home with 33’-6" max ridge height on a vacant lot at 1133 Sierra Vista Way, APN 232-052-019.
Recommendation:
Continue the item without discussion to the September 8, 2025 City Council meeting.
Item 12L
13)
Old Business
14)
Staff Reports
A.
Mike Moran, Engineering and Public Works Director
Extending and Formalizing Outdoor Dining Encroachments in Downtown Lafayette Until January 2029 Recommendation:
Consider extending the outdoor dining encroachment policy until January 2029. If there is agreement to extend the outdoor dining encroachments, direct staff to formalize the policy by requiring participants to enter into an encroachment agreement that includes indemnification of the City, insurance listing the City as an additional insured, and ADA-compliant seating.
Item 14A
B.
Niroop Srivatsa, City Manager
Regional Advocacy Agreement with Townsend Public Affairs Recommendation:
Authorize the City Manager to enter into a Regional Advocacy Agreement with the City of Orinda, the Town of Moraga and Townsend Public Affairs.
Item 14B
15)
Public Hearings
16)
Items Removed from Consent
17)
Council / Commission Reports
A.
Councilmembers report on activities and consideration of matters a Councilmember wishes to initiate for placement on a future agenda.
B.
Mayor Candell
Update Council Assignments for 2025
Recommendation:
Approve the updated Council Assignments for 2025.
Item 17B
C.
Councilmember McCormick and Mayor Candell
Resolution 2025-43 Appointing one member to the Transportation and Circulation Commission Recommendation:
Adopt Resolution 2025-43 Appointing one new member to the Transportation and Circulation Commission.
Item 17C
D.
Mayor Candell and Vice Mayor Anduri
Review the appointment process followed at the July 15th City Council Special Meeting Recommendation:
Discuss.
Item 17D
Item 17D Public Comment
E.
Councilmember Cervantes and Mayor Candell
Consider bills of local importance
1. SB 79 (Wiener): Housing Development: Transit Oriented Development Recommendation:
Oppose.
2. SB 707 (Durazo): Open Meetings: Meeting and Teleconference Requirements Recommendation:
Oppose unless amended.
3. SB 750 (Cortese): California Housing Finance and Credit Act Recommendation:
Support in concept.
4. SB 79 (Wiener) - Oral Update
Recommendation:
Discuss and direct.
Item 17E
Item 17E Public Comment
18)
Written Communications
A.
E-mail from Jan Mills, former Mayor Lafayette, Indiana and Chris Berry, former Mayor of Lafayette Colorado, asking for the City Council’s support of the project to restore a replica of the Marquis de Lafayette’s ship, the Hermione.
Recommendation:
Approve the proclamation of support for the restoration of a replica of the Marquis de Lafayette’s ship, the Hermione.
Item 18A
Item 18A1
Item 18A Public Comment
B.
Letter from the Lafayette Rotary Club requesting street closure for Keep on Trucking event on Saturday, October 11th Recommendation:
Approve the Rotary Club’s Keep on Trucking event on Saturday, October 11th and adopt Resolution 2025-44 for the street closure of Golden Gate Way from First Street to the Library Parking Entrance from 7am and 3pm. The Rotary Club will also provide a certificate of insurance naming the City as an additional insured.
Item 18B
19)
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.
Board
1 Discussion:
In accordance with State Law, the Board is generally prohibited from discussing and making decisions regarding items not posted on the agenda. Exceptions include items of urgency that become known to the Board after the posting of the agenda; discussion of such items requires a 2/3rds affirmative vote by the Board.
Persons Wishing to Speak:
Any person may address the Board on any item listed on this agenda. Persons wishing to address the Board should complete a speaker slip and submit it to the City staff. In addressing the Board, speakers should step to the podium and state their names and addresses for the record.
Public Comments on Agenda Items:
Persons wishing to speak on items listed on the agenda will be heard when called by the meeting chair. After the public has commented, the item will be closed to public comment and brought to the Board for discussion and action. There is no further comment permitted from the audience unless invited by the meeting chair.
Public Comments on Non-Agenda Items:
Persons wishing to speak on matters not posted on this agenda are encouraged to submit the matter in writing to the City Clerk or staff aide at least ten days prior to the next regularly scheduled Board meeting date. Persons unable to do this may address the Board under the PUBLIC COMMENTS section of this agenda. Note, however, that such matters may be referred to staff for action or posted on a future agenda.
Time Limit on Comments:
Persons will be permitted to speak for up to three minutes.
Posted Times:
Posted times are estimated and actual times will vary. Public hearings may start later but never earlier than posted time.
Reconsideration of Items:
After the Board has acted on an agenda item, it may reconsider the same item later in the meeting in accordance with Council Rules of Proceedings II.D.4.
Consent Calendar:
All matters listed under consent calendar are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time that the Board votes on the motion to adopt. Members of the public may request that items be removed from the Consent Calendar prior to the time that the Board votes on the motion to adopt, however, the decision to remove the item is solely at the discretion of the Board.
_________________________
1. “Board†is used here as a generic term for the City Council, commissions, committees, task forces, and other public decision-making boards. ↩