City Council Meeting Page 1 of 13 August 11, 2025
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City of Lafayette
City Council Minutes
Lafayette Library and Learning Center – Don Tatzin Community Hall August 11, 2025 3491 Mount Diablo Boulevard, Lafayette, California 6:00 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 Meeting Page 2 of 13 August 11, 2025
1. CALL TO ORDER – 6:00 P.M.
Mayor Candell called the Regular City Council meeting to order at 6:00 p.m. and because she was participating remotely, she turned over the chairing of the meeting to Vice Mayor Anduri.
2. ROLL CALL
Present: Mayor Candell (participating remotely); Vice Mayor Anduri; Councilmembers Cervantes, McCormick, Wotherspoon
Staff Present: Niroop Srivatsa, City Manager; Tracy Robinson, Assistant City Manager; Greg Wolff, Planning and Building Director; Mike Moran, Engineering and Public Works 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 (McCormick/Cervantes) to adopt the agenda. Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon; Noes: None).
5. PUBLIC COMMENTS (For Closed Session Items only) - None.
6. CLOSED SESSION
1. 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
REPORT OUT ON CLOSED SESSION
Vice Mayor Anduri announced that there was no reportable action from the Closed Session.
7. PLEDGE OF ALLEGIANCE – 6:23 p.m. – Vice Mayor Anduri 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)
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SHANE REISMAN said he spends a lot of time on the Lafayette-Moraga Trail and noticed that there are not many signs. He partnered with several local individuals to create 9 interpretive and educational panels along the trail starting at Olympic staging and going to Valley Vista, which he described, and submitted them to EBRPD. The content of the signs is online at www.lmhistorytrail.org.
MIKE MORAN, Regional Interpretive Recreation Services Manager, EBRPD, echoed comments of Mr.
Reisman, spoke of his trail experiences growing up, and said they will determine locations, get the stands and panels in place.
SUSAN SPERRY, President, Moraga Historical Society, introduced John Keyser, IT representative, and Susan Skilton, Registered Genealogist, said they reviewed many renditions and arrived at the final copy presented by Mr. Reisman.
SUSAN SKILTON said she is looking forward to seeing all of the panels which will highlight the trail and what was there in the past. She thanked the Council for their support.
Councilmember McCormick thanked representatives, and asked how the project is being funded.
Mr. Reisman said they are working closely with EBRPD that will create the fabrication and installation, so the cost is about $10,000. They are working with the Community Foundations in both cities and other organizations willing to fund it, but he is not requesting funds from the Council.
Councilmember Wotherspoon said she visited the website, is impressed, and is happy representatives worked with EBRPD to take on the project.
Councilmember Cervantes asked and confirmed individual contributions are not being sought.
Vice Mayor Anduri voiced appreciation of those who worked on the project, recognized Mr. Reisman for his leadership on the project, and noted next year is the 50th anniversary of the trail and the City will be in celebration.
10. CITY MANAGER’S UPDATE
City Manager Srivatsa provided the following update:
• School starts tomorrow and the Police Department is ready. Officers will be at each school to welcome back students. She requested all drivers to slow down, allow time for travel, delays, and to be patient.
• The Lafayette Police Department is hosting Coffee with the Cops at Sideboard this Wednesday, August 13th from 9 to 10 a.m.
• Next Wednesday, August 20th the Police Department is hosting a patrol saturation day which means they will be out monitoring speeds with motor officers from Danville and Orinda to deter and enforce driving violations, including violations on E-bikes. • The Lafayette Police Department encourages the community to report incidents and call them at the non-emergency number at 925-284-5010.
• The Public Art Committee is excited to announce it has approved a mural design by Lafayette native and artist, Rachel Perls, for the City’s first work in the Downtown Mural Program. The mural will be before the Council in September for approval.
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From the Parks, Trails, and Recreation Department:
• The Commission will be discussing field fees and use categories for Buckeye Fields and Community Park at their meeting this Wednesday. They will also be discussing an item to remove a grass field and pitching mound at Buckeye to make the facility usable by youth softball groups that have requested access to the fields. Any questions should be directed to the PTR Director. • Summer was a big success for the Recreation Department and now staff is transitioning back to aftercare. This year, the City has expanded afterschool care to include sites at the Community Center, Lafayette Elementary School, and Stanley Middle School. Childcare continues to be a great need in Lafayette, and the City has huge wait lists at every site. The City’s PTR Department is excited to participate in helping to alleviate some of these problems.
From the Engineering Department:
• Associate Engineer Tim Clark is leaving the City and heading to Southern California after 5 years, but not before completing the St. Mary’s Road Paving project. The City is also in the process of advertising for Associate and Senior level engineers as well as with planners.
Today, City staff took part in a tabletop emergency operations drill, facilitated by EOC Coordinator Andy Comly. This is a discussion-based exercise designed to test and refine the City’s emergency response plans.
Participants reviewed the existing plan, procedures, identified potential challenges, and collaborated on solutions to make the City’s readiness the best it can be. This is the second in a series of training Mr.
Comly has provided for City staff. The City will also hold a Lafayette emergency drill and one later in the year for a multi-jurisdictional drill.
Vice Mayor Anduri opened the public comment period, and there were no speakers.
11. PRESENTATIONS
A. Tracy Robinson, Assistant City Manager
Introduction of new employees Kyle Baard and Heather Ward Recommendation: Receive and file.
Assistant City Manager Tracy Robinson introduced new employees Kyle Baard, who previously worked for the City as a temporary employee with the Planning Department as the Department Assistant and has returned to take over the front desk as Administrative Assistant in the mornings to replace Dana Anderson who retired from the City. She then described Mr. Baard’s background’s educational pursuits, employment, hobbies, and she welcomed and the City Council welcomed him back to the City.
Ms. Robinson then introduced Heather Ward, a Lafayette native, who is the City’s new Management Analyst in the Administrative Services Department. She described Ms. Ward’s educational background, previous employment in Washington, D.C. and she looks forward to using her experience in policy analysis.
She and the City Council welcomed Ms. Ward to the City.
Vice Mayor Anduri opened the public comment period, and there were no speakers.
B. Don Tatzin, CCCTA Board Member Representing Lafayette Update on County Connection
Recommendation: Receive and file.
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CCCTA Board Member Don Tatzin thanked the Council for his appointment and provided an update on County Connection and related transportation matters. He highlighted his accomplishments on the JPA Board and committees, noted the need for a Council position on sales tax measures arising from SB 63 (including a proposed one-half cent tax to fund BART and other agencies), and indicated a new liaison will be needed in the future.
Mr. Tatzin discussed funding streams for CCCTA, provided a PowerPoint overview of operations, and described impacts from reduced ridership, improvements in youth ridership, schedule changes, paratransit services, and funding considerations for the coming year. He also shared that due to his Parkinson’s diagnosis, he will eventually need to step down.
Councilmembers asked questions regarding ridership modeling, funding, vehicle reductions, future Lamorinda service changes, extension of the free youth ride program (including school routes), the SB 63 sales tax and San Mateo County’s participation, and reimbursements for free youth passes.
Vice Mayor Anduri opened the public comment period, and there were no speakers.
Councilmembers thanked Mr. Tatzin for his presentation and update, and wished him well.
12. CONSENT CALENDAR
Vice Mayor Anduri asked if there were any requests from the Council. Mayor Candell requested removal of Item J. City Clerk Robbins noted that Ron Tam also requested removal of Item J, and there were no further requests and no public comments on remaining items.
A. City Council Minutes
1. July 14, 2025
Recommendation: Adopt.
2. July 15, 2025
Recommendation: Adopt.
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.
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.
D. Investment Policy Statement Update
Recommendation: Adopt Resolution 2025-47 updating Administrative Regulation 700 – Investment Policy.
E. Investment Strategy and Oversight Updates
Recommendation: Receive and file.
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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.
G. Adjust Finance Manager Salary Range
Recommendation: Revise the FY25-26 Finance Manager salary range to $14,088 - $19,695/month.
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.
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.
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.
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.
ACTION: It was M/S/C (Cervantes/Wotherspoon) to adopt Consent Calendar Items A.1, A.2, B, C, D, E, F, G, H, I, K, and L. Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon ; Noes: None).
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13. OLD BUSINESS – None.
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.
Engineering and Public Works Director Mike Moran presented a staff report on extending the City’s outdoor dining program for downtown restaurants for three additional years. The program, originally implemented during COVID to allow more sidewalk and roadway seating, would provide property owners time to amortize their investment while the Council evaluates downtown street planning through the Multi-Mobility Study.
Staff will consult with restaurant owners on interest in the extension and return the item to Council for further consideration.
Councilmember McCormick disclosed that he and Mr. Moran had visited the two participating restaurants, whose owners are eager to continue the program. Vice Mayor Anduri emphasized the three-year term balances investment recovery with long-term planning. Councilmember Wotherspoon confirmed that Sideboard restaurant is not included, as it already has a formal, county-recorded encroachment agreement providing indemnification to the City.
Vice Mayor Anduri opened the public comment period, and there were no speakers.
Vice Mayor Anduri noted that the Council’s current role is to determine support for pursuing a three-year outdoor dining extension. Once restaurant operators indicate interest, staff will return with a formal resolution for Council approval.
Councilmember Cervantes expressed support for the extension, highlighting personal experience that outdoor seating accommodates patrons, such as his 89-year-old stepmother, who finds indoor seating too loud.
Vice Mayor Anduri confirmed that the program could proceed with individual restaurants if one owner chooses to participate while another does not. Councilmembers agreed, voicing support for staff to work with restaurant owners and return to Council with a resolution.
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.
City Manager Niroop Srivatsa gave the staff report and overview of the item regarding entering into a Regional Advocacy Agreement with the City of Orinda, Town of Moraga, and Townsend Public Affairs.
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Mayor Candell questioned the ability for representatives to work quickly on urgent matters, and Ms. Srivatsa explained that as long as the matter is consistent with the regional platform, all three cities can act quickly, and staff will bring back that process to the City Council for approval.
Vice Mayor Anduri opened the public comment period, and there were no speakers.
Councilmembers commented on the value in having this broader Lamorinda arrangement with their lobbyist, believes this is a first step, and look forward to seeing more of it in other areas.
ACTION: It was M/S/C (Cervantes/McCormick) to authorize the City Manager to enter into a Regional Advocacy Agreement with the City of Orinda, the Town of Moraga and Townsend Public Affairs. Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon ; Noes: None).
15. PUBLIC HEARINGS – None.
16. ITEMS REMOVED FROM CONSENT
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.
Recusal:
Councilmember Wotherspoon recused herself from participating in the matter because she is a Boardmember of AARD, and left the dais.
Mayor Candell said she pulled this item because she met with the people at the parklet and went to Chateau Lafayette and met with a group of people at the Chateau. She will wait for speakers to make public comments, but if they missed out on anything from what she learned during those meetings, she will bring this up afterwards.
Vice Mayor Anduri opened the public comment period.
RON TAM, a Chateau Lafayette resident, expressed concerns about loud amplified noise, music and line dancing at the Second Street and Golden Gate Way parking lot during Sunday events. He requested the Council consider relocating the event, noting that the noise disrupts peaceful outdoor conversations for tenants and is a nuisance.
GRACE DIXON, AARD Boardmember, said she was available for questions.
Councilmember McCormick raised a question regarding prior noise complaints about the AARD downtown event and asked if the situation had changed.
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Ms. Dixon explained that her Board has worked for 13 years to provide inclusive, all-ages programming and continues to seek ways to engage the community, with a small number of Chateau Lafayette residents participating in chess, card games, and dance activities. She indicated a willingness to modify activities if the Board decides certain elements, such as dance lessons or percussion instruments, should be removed.
Vice Mayor Anduri and Mayor Candell noted that concessions have been proposed, including eliminating bongos, congas, and amplified music, to mitigate noise while allowing events to continue through October. Alternative locations were considered but none were available, and adjustments to event hours would create practical challenges for setup and takedown.
Councilmembers McCormick and Cervantes both expressed support for the events, highlighting their contribution to a vibrant downtown and community engagement, particularly for children. They acknowledged residents’ concerns but emphasized that the noise is typical of neighborhood activities and manageable with the proposed concessions. Mayor Candell reiterated support for the program through October 26, noting the importance of finding an alternate site next year once the Park Theater opens.
Vice Mayor Anduri echoed Council comments, and suggested a motion.
ACTION: It was M/S/C (Cervantes/McCormick) to 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. Roll Call Vote: 4-0-1 (Ayes: Candell, Anduri, Cervantes, McCormick ; Noes: None; Recused: Wotherspoon).
Noted as Present:
Councilmember Wotherspoon returned to the dais and was noted as present.
17. COUNCIL / COMMISSION REPORTS
A. Councilmembers report on activities and consideration of matters a Councilmember wishes to initiate for placement on a future agenda.
Mayor Candell reported attending the Mayors’ Conference with Councilmember Wotherspoon, where SB 63 was a major topic of discussion. Congressman DeSaulnier also attended, highlighting his impactful work in Washington, D.C., and announcing an upcoming Town Hall in the Lamorinda area. During the Q&A, Mayor Candell inquired about redistricting in California, and the Congressman expressed strong support for the effort.
Councilmember McCormick reported attending National Night Out at the Community Center, noting strong police engagement and expressing hope for increased community participation next year. He also attended a local library event on Prohibition in Lamorinda, which provided insights into Lafayette’s historical drinking culture and early voting on alcohol regulations.
Additionally, he shared that the Recycle Smart Board approved a new collection agreement with Republic Services starting in 2027. The agreement includes additional organics and recycling cans at no charge upon request to help increase the City’s diversion rate, along with a rate increase to cover labor and trucks, supported by a reserve fund that all cities have been contributing to, ensuring stable rates over the next decade.
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Councilmember Cervantes reported participating in Emergency Preparedness Commission meetings and highlighted ongoing Firewise efforts. He recognized the contributions of community members and noted that Lafayette has the highest number of Firewise districts in the region.
B. Mayor Candell
Update Council Assignments for 2025
Recommendation: Approve the updated Council Assignments for 2025.
Mayor Candell reported that Councilmember Wotherspoon was able to fill all assignments by Councilmember Dawson.
Councilmember Wotherspoon noted that she and Councilmember McCormick wished to swap on MCE and they also agreed to swap where she would move to Transportation and Circulation Commission, and Councilmember McCormick would take Emergency Preparedness.
Vice Mayor Anduri opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (McCormick/Wotherspoon) to approve the updated Council Assignments for 2025, as amended. Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon ; Noes:
None).
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.
Councilmember McCormick said there was one opening and he and the Mayor recommended Mario DiPrisco be appointed to the Commission.
Vice Mayor Anduri opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Candell/McCormick) to adopt Resolution 2025-43 appointing Mario DiPrisco to the Transportation and Circulation Commission. Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon ; Noes: None).
D. Mayor Candell and Vice Mayor Anduri
Review the appointment process followed at the July 15th City Council Special Meeting Recommendation: Discuss.
Vice Mayor Anduri said in the packet are the procedures and one public comment was received from Jenifer Paul. He asked if there were any questions by Councilmembers, and there were none.
Vice Mayor Anduri opened the public comment period, and there were no speakers.
Vice Mayor Anduri introduced a discussion on formalizing the City’s candidate interview procedure, noting that any approved procedure would serve as guidance for future vacancies, with minor revisions to indicate applicability beyond a single instance. He proposed having candidates receive the questions in advance, with a set time (e.g., 25 minutes) to review, respond, and deliver closing remarks, supported by a visible clock in the interview room.
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Councilmembers McCormick and Wotherspoon discussed the balance between reading questions in advance and maintaining a natural cadence during interviews, with agreement that candidates should read questions aloud for public clarity. Mayor Candell suggested a nomination requirement for candidates to submit 3 endorsements from community members, similar to signature requirements for elections, to ensure commitment and seriousness; Councilmembers generally supported considering this for future vacancies.
The Council discussed time management, closing remarks, and methods for identifying which question is being answered, ultimately agreeing that candidates could manage their own time with a visible clock and be informed of the total number of questions.
Vice Mayor Anduri proposed finalizing the policy and placing it on the Consent Calendar for the September 22 Council meeting as a resolution, which Councilmembers concurred with.
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.
At the July 23 Legislative Committee meeting, Councilmembers reviewed three state bills: SB 79 (Wiener), SB 707 (Durazo), and SB 750 (Cortese), with recommendations to oppose SB 79, oppose unless amended SB 707, and support in concept SB 750. Vice Mayor Anduri requested a presentation on SB 79 prior to full consideration.
SB 79 – Housing Near Transit:
Councilmember Cervantes presented SB 79, which would significantly increase allowable housing density near transit-oriented development (TOD) areas, including Lafayette’s BART station, potentially up to 80 units per acre. The City’s primary concern is wildfire evacuation safety, especially in high fire severity zones such as Happy Valley, where prior studies indicate evacuation times of 30–175 minutes even without new development.
Councilmember Cervantes noted that GIS analysis estimates up to 50,000 potential units could be developed in the TOD area, net of streets, easements, and highways—compared to Lafayette’s existing 10,000 units. Even with proposed carve-outs for walkways or evacuation zones, tens of thousands of units could still be added, raising concerns about evacuation congestion.
The Committee proposed an amendment to exempt high and very high fire severity evacuation zones from SB 79, which could reduce the bill’s impact. Discussions with Assemblymember Bauer-Kahan, Senator Grayson, and Senator Wiener’s team suggested this carve-out may be difficult to secure due to legislative precedent concerns. City management is coordinating follow-up meetings with legislators ahead of key deadlines, including the August 29 Assembly Appropriations Committee vote.
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Councilmembers expressed the following differing perspectives:
• Councilmember McCormick favored strict opposition, citing continued evacuation risks even with proposed carve-outs.
• Councilmember Cervantes advocated a pragmatic approach, emphasizing mitigation in high-risk areas and framing it as “not letting the perfect be the enemy of the good.” • Mayor Candell stressed public safety, the importance of legislative discussions, and informing residents of potential impacts in Lafayette, Orinda, and Moraga.
Consensus was reached to pursue discussions with legislators regarding the wildfire evacuation carve-out, while formally educating the public about SB 79 as currently drafted and encouraging residents to contact their representatives.
Public Education:
The Council agreed to communicate through the Weekly Round Up and other channels, highlighting the bill’s current impacts and noting opposition from Lafayette, Orinda, Moraga, and Walnut Creek.
SB 707 – Municipal Exemptions:
Councilmember McCormick sought clarification regarding exemptions for municipalities under 30,000 residents. Staff explained that while the bill exempts counties under 600,000 residents, Contra Costa County exceeds this threshold, so Lafayette would be subject to SB 79. The City’s position of “oppose unless amended” reflects concern that the bill’s requirements could extend to subcommittees and commissions.
ACTION: It was M/S/C (McCormick/Wotherspoon) to support the position of “oppose unless amended” for SB 707. Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon ; Noes: None).
Regarding SB 750, the recommendation is to “support in concept” and Vice Mayor Anduri asked for any discussion or a motion.
ACTION: It was M/S/C (Cervantes/Wotherspoon) to support the position of “support in concept” for SB 750. Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon ; Noes: None).
Mayor Candell, Vice Mayor Anduri, and Councilmembers thanked the City Manager and Planning staff for all of the work on these bills and the depth of analysis.
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.
Vice Mayor Anduri asked if there were any questions on the recommendation.
Mayor Candell noted that she occasionally receives emails from other cities named Lafayette nationwide and, unsure of how to respond, reached out to Mary McCosker for guidance. Following their meeting, Ms.
McCosker indicated enthusiastic support for the specific proclamation under consideration.
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Vice Mayor Anduri added that Councilmembers likely received a May 3rd email from a Tiburon resident regarding a fundraising event for a ship at the Berkeley Yacht Club in May. The email highlighted that two former mayors had initiated outreach to cities named Lafayette, demonstrating leadership within the Bay Area in supporting this effort.
Vice Mayor Anduri opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Cervantes/McCormick) to approve the proclamation of support for the restoration of a replica of the Marquis de Lafayette’s ship, the Hermione. Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon ; Noes: None).
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.
Vice Mayor Anduri referred to the letter and asked for questions regarding the event, and there were none.
Vice Mayor Anduri opened the public comment period, and there were no speakers.
Councilmember Cervantes noted that he is a member of the Lafayette Rotary, has confirmed with the City Attorney that there is no conflict of interest, and will not recuse himself. He is involved peripherally in the effort, which is similar to a successful community event held last year.
ACTION: It was M/S/C (Cervantes/Wotherspoon) to 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. Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon ; Noes: None).
19. ADJOURNMENT – 8:50 p.m. in honor of Councilmember Wotherspoon’s first City Council meeting.
APPROVED:
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Susan Candell, Mayor
ATTEST:
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Joanne Robbins, City Clerk