City Council and Creeks Committee Meeting Page 1 of 18 September 8, 2025 *
City of Lafayette
City Council
Lafayette Library and Learning Center – Don Tatzin Community Hall September 8, 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 and Creeks Committee Meeting Page 2 of 18 September 8, 2025
1. CALL TO ORDER – 6:00 P.M.
Mayor Candell called the Regular City Council meeting to order at 6:00 p.m.
2. ROLL CALL
Present: Mayor Candell; Vice Mayor Anduri; Councilmembers Cervantes, McCormick, Wotherspoon
Present: Creeks Committee: Creeks Committee Chair Will Elder; Committee Members Douglas Bleakly, MaryJo Cass, David Clark, and Ronald Hufft Staff Present: Niroop Srivatsa, City Manager; Tracy Robinson, Assistant City Manager; 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 (Anduri/Wotherspoon) 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
Conference with Real Property Negotiators
Gov. Code section 54956.8
Property: 986 and 990 Moraga Road, Lafayette, CA
Agency Negotiator: Niroop Srivatsa, City Manager; Tracy Robinson, Assistant City Manager; Joe Kuvetakis, Partner, John Cumbelich & Associates
Negotiating Parties: John Richman, Buyer
Under Negotiations: Price and terms of payment
REPORT OUT ON CLOSED SESSION
Mayor Candell announced that there was no reportable action from the Closed Session.
7. PLEDGE OF ALLEGIANCE – 7:00 p.m. – Mayor Candell 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.
City Council and Creeks Committee Meeting Page 3 of 18 September 8, 2025 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)
DAVE DONDERO explained that Class 2 E-bikes, originally intended for adults, are now being manufactured to resemble motorcycles and appeal to kids, with heavier frames and the ability to be hacked for higher speeds. He shared encounters with 13-year-olds riding bikes at over 30 mph, noting the growing safety risks and fatalities statewide. He urged the Council to strengthen education and enforcement, involve parents, collaborate with nearby towns and state representatives, and push for policy changes—such as raising the minimum age to 16 and reclassifying faster bikes as E-motorcycles requiring licenses and insurance, and also offered to assist the City in these efforts.
Councilmember McCormick recognized the issue and asked Mr. Dondero what the Town of Danville has been doing on E-bike regulations. Mr. Dondero said the Town is not doing much as far as regulations but talking about doing something similar to Marin County which has adopted an ordinance for Class 3 E-bikes and changes the age requirement to 16 or older which he believes circumvents the real problem. He referred to a fundamental solution which is what they do in Europe—for a throttle bike and peddle assist bike, they are not able to be hacked to go over their stated range. Instructions that come with Class 2 bikes instructs people how to defeat the limiter to make it to go as fast as the motor has torque to send it, which is the problem.
Mayor Candell stated Andy Comly, the City’s Emergency Preparedness Coordinator, is putting together Ebike safety literature and working with the schools on it. She suggested bringing this forward to a Council meeting to get the word out to residents this is happening.
Vice Mayor Anduri added that Mr. Comly will be giving a presentation on “Slow Down Lafayette” with a focus on E-bikes at the next TransCirc Commission meeting. He and the Mayor suggested Mr. Dondero attend and make comments.
Councilmember Cervantes asked if this should be a State legislative solution or asked if the Council can do something at the local level. Mr. Dondero said he is not sure, but said Marin County worked on addressing it at the County level. He thinks fundamentally, the class system the State has set is broken. They did not realize they left this gap where manufacturers pushed right into. Kids love going fast and he agreed it is a real problem.
10. CITY MANAGER’S UPDATE
City Manager Srivatsa provided the following update:
From the Police Department:
• Last week the City worked with Con Fire Wildfire Hand Crew #12 to remove brush and low hanging branches along several evacuation routes in Lafayette which included sections of Springhill Road, Glenside Drive, and Mountain View Drive. The Public Works crew assisted with traffic control, and this is the second year in a row this has been done, in partnership with Con Fire. Monies for brush clearing came from Measure X funds, so the sales tax is being used in all cities.
City Council and Creeks Committee Meeting Page 4 of 18 September 8, 2025 • On the 26th there was a robbery at the Safeway Store. Police identified the license plate. The vehicle was located and the suspect was arrested.
• On the 27th a purse was stolen during lunch at the Sideboard Restaurant and the suspects attempted to use the credit cards from that wallet. Two days later, the Police Department detained the suspects with help from the Concord Police Department. • A senior resident had about $35,000 of unauthorized charges on their credit card. The Police Department identified two female suspects; one was a caretaker, and warrants were served and both were arrested.
From the Parks, Trails, and Recreation Commission:
• The Commission is continuing to plan for the Hamlin Bat Wing Parkland. Their next meeting will be 7 p.m. at the Community Center on September 18th.
• The Senior Services Commission worked with the Contra Costa Fire Prevention District and Police Department to develop a flyer that will promote the Measure X Low-Income Fire Hazard Mitigation Grant Program. They are reaching out to seniors and the City will distribute information at the Art and Wine Festival at the City’s booth.
Mayor Candell asked that the flyer be sent to the Senior Symposium, as well.
11. PRESENTATIONS
A. Suzanne Iarla, Communications Analyst
Educational Video Series about Community Warning System Alerts Recommendation: Receive and file.
Mayor Candell stated the County recently created a series of short videos about the Community Warning System (CWS) alerts and asked cities to share them. The videos encourage people to sign up for CWS and remind everyone in Contra Costa County to be ready, take action, and stay safe during various types of emergencies. Ms. Iarla will play the video for the Council tonight, and these will be shared on the City’s social media accounts this month. They hope videos will help educate people about CWS and encourage everyone to sign up for alerts, and Ms. Iarla then played the videos.
Mayor Candell opened the public comment period, and there were no speakers.
B. Creeks Committee – Annual Update
Recommendation: Receive and file.
Creeks Committee Chair Will Elder thanked the Council for their continued support, introduced the Creeks Committee members, stating they have two vacancies, and the Committee has been able to accomplish quite a bit this year.
Committee Member MaryJo Cass reported on the Creek Bank Restoration at Leigh Creekside Park, highlighting efforts to plant native riparian vegetation and remove invasive weeds. The project gained momentum after Lamorinda Sunrise Rotary Club members offered support, contributing skills and resources. She recognized individual Rotary members for their roles, including web promotion, irrigation, fence repairs, and leadership. The Rotary has also secured a $10,000 grant to support the restoration and future projects. The Committee has already held three events this year and looks forward to continued collaboration with community groups and individuals.
City Council and Creeks Committee Meeting Page 5 of 18 September 8, 2025 Committee Member Ron Hufft outlined plans for the coming year at Leigh Creekside Park, focusing on a full restoration of Zone 3, the park’s northern section. The area, about 100 feet long with steep 40-foot banks overgrown with invasive species, will require professional help due to its difficulty. The project includes removing invasives, restoring native vegetation, and replacing a failed retaining wall using bioengineering methods instead of traditional construction. While costs will arise for labor, planting, and bioengineering, they aim to avoid requesting City funds by relying on strong partnerships with Lamorinda Sunrise Rotary, the California Urban Streams Partnership, the Restoration Trust, and the City’s Public Works Department, as well as grant funding
Committee Member Douglas Bleakly, the newest member since December, reported on his work at Leigh Creekside Park with EBRPD’s Linda DeSchambault to improve communication and address issues such as a collapsed bank, bridge repairs near the Gazebo, and the future of the north-side trail. With a background in working with architect engineers and securing funding, he has been researching grant opportunities from State conservation agencies and Water Regional Boards, many of which have open cycles without strict deadlines. He emphasized building partnerships with EBRPD and the Rotary Club, who have more experience in funding efforts, and noted the Committee hopes to provide a progress update by next fall.
Chair Will Elder discussed the West Reach project, spanning from Town Center to Sotheby’s on Mt. Diablo Boulevard, which has $900,000 in grant funding secured through Rep. Mark DeSaulnier’s office. A conceptual design shows costs aligning with this budget, though additional grants may be sought. Plans include a winding gravel path, bio-retention features to improve water quality, a bike path, overlooks, and bank repairs, though some parking spaces will need to be removed and replaced elsewhere. The next steps involve review by the TransCirc Commission and hiring a design firm to advance the project toward construction within a year. Chair Elder also noted the Committee’s role in inspecting streamside properties to ensure permit compliance, invasive removal, and trash cleanup, helping sustain healthy creek habitats.
Committee Member David Clark reported that the Committee maintains communication with City organizations, contributed to creek-related updates in the Tree Protection Ordinance, and provided input on trail easements to ensure they are not overlooked. He noted that some issues, like changes to the Madison Park easements, have resurfaced; however, there is forward progress on the West Reach in the Downtown Creeks Plan.
Mayor Candell and Vice Mayor Anduri thanked all Creeks Committee members, noting each member is very active and takes on responsibilities for projects. They recognized former City employee Tim Clark for his work with the Committee, thanked Lamorinda Sunrise Rotary Club, cited the outreach to many committees and commissions, and acknowledged the West Reach project as the entry to the downtown.
Councilmember McCormick asked about the bridge at the Gazebo, and Committee Member Bleakly said it continues to be open-ended without a firm timeline. He described their on-going communications with EBRPD and the need for them to address the bridge infrastructure and additional repairs on the north bank.
Chair Elder added that once work is done on the bridge, improvements might be done at the trail level that would help finish the project going down to the creek.
City Council and Creeks Committee Meeting Page 6 of 18 September 8, 2025 Councilmember Cervantes cited the accomplishments in funding and asked about the timeline of the effort. Chair Elder deferred to Public Works and Engineering Director Mike Moran, noting they have focused on moving forward in trying to get the plans nailed down and ready for the design firm.
Public Works and Engineering Director Mike Moran said he thinks the earliest it would go to construction is the summer of 2027.
Councilmember Wotherspoon thanked Committee members for their creek work and for establishing connection with EBRPD to continue advocacy.
Vice Mayor Anduri cited the critical importance of the trail connection to the neighborhood from Mt.
Diablo Boulevard, and recommended bringing this back to the Council.
Mayor Candell opened the public comment period.
PAUL BETTELHEIM, Lamorinda Sunrise Rotary Club, reinforced the Creeks Committee as an amazing committee. The Club first became involved with creek restoration thanks to the City Manager after asking her about projects that needed to be done. Rotary brings volunteers, significant member expertise, and they just received a $10,000 grant from their District and $5,000 from outside funding. He believes $12,000 from the Club is available for this project and they will likely be involved in the West Reach aspect.
They are respectful of the park and its limitations and said Committee members Cass and Hufft have been active.
12. CONSENT CALENDAR
Mayor Candell requested removal of Item 12.E and Councilmember Wotherspoon requested removal of Item 12A.1. There were no further requests and no public comments on remaining items.
A. City Council Minutes
2. August 26, 2025
Recommendation: Adopt.
B. 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 22, 2025 City Council meeting.
C. Approval of Funding Exchange Agreement No. 730 with the Contra Costa Transportation Authority for the Exchange of State Transportation Improvement Program Funds for the Downtown Lafayette Aqueduct Pathway Project
Recommendation: Execute Funding Exchange Agreement No. 730 with the Contra Costa Transportation Authority (CCTA) to receive $3,737,000 in State Transportation Improvement Program (STIP) funds for construction of a segment of the Downtown Lafayette Aqueduct Pathway Project in exchange for the return of $1,120,000 in future Measure J funds over five years, to increase the total project grant amount by a net of $282,000.
D. Sunsetting the Land Acknowledgement Task Force
City Council and Creeks Committee Meeting Page 7 of 18 September 8, 2025 Recommendation: The Land Acknowledgment Task Force has completed the tasks assigned to them by the City Council. As such, Sunset the Land Acknowledgment Task Force and thank John McCormick, Mary McCosker, Janet Thomas and Steve Kalogeras for their service.
F. Suspension of Approvals of Special Events at Lafayette Plaza and City-owned Parking Lots Recommendation: Suspend approvals for special events at Lafayette Plaza and City-owned parking lots until the Downtown Public Spaces Special Event Policy is adopted by the City Council.
Events previously approved by Council or City staff for 2025 will be permitted to proceed.
ACTION: It was M/S/C (Cervantes/McCormick) to adopt Consent Calendar Items A.2, B, C, D, and F. Vote:
5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon; Noes: None).
13. OLD BUSINESS – None.
14. STAFF REPORTS
A. Jenny Rosen, Staff Liaison to the Public Arts Committee Review and Consider Recommendation of Rachel Perls’ Mural Design for the Lafayette Downtown Mural Program
Recommendation: Staff recommends that the City Council approve the mural design by Rachel Perls for the Lafayette Downtown Mural Program.
Public Arts Committee Member Dave Dondero recommended Council approval of the first of four previously authorized downtown murals. The Committee has been assisted by Sorell Raino-Tsui, Director with ABG Art Group. During the last 18 months, they surveyed candidate wall locations, spoke with building owners, and identified and secured the west-facing wall of Zahra’s Boutique on Mt. Diablo Boulevard for the project.
Following a community workshop and artist selection process, Lafayette native Rachel Perls was chosen to create a mural featuring the California Matilija Poppy. Contracts between the City, ABG, the property owner, and the artist are in place, and work is expected to begin by the end of the month, weather permitting.
Councilmember Wotherspoon asked and confirmed the mural will be hand-painted.
Mayor Candell asked and confirmed with Mr. Dondero that the photo presented is of the wall with a rendering on it; that there is a bit of relief there so the artist will be painting across the face nearer to Mt.
Diablo Boulevard and then wrapping into a small inset and across the rest of the wall.
Mayor Candell opened the public comment period, and there were no speakers.
Councilmember Cervantes acknowledged the hard work that has gone into this effort. He loves the idea of livening up the community with beauty which is a great asset.
Vice Mayor Anduri stated all comments received at the Public Arts Committee meeting were positive. He cited the incredible amount of work that has gone into this, thanked the Mural Subcommittee, Sorell RainoTsui from the ABG Group, and thinks the process has been great. The type of work the artist does lends itself to the poppies. She is also a color specialist. He thanked Julie Dudum, owner of the property, for making the wall available.
City Council and Creeks Committee Meeting Page 8 of 18 September 8, 2025 Mr. Dondero added that at the early part of this process, he and Vice Mayor Anduri walked the entire length of Lafayette doing an inventory of all available walls, so the Committee appreciates him as liaison to the Public Art Committee.
Councilmember McCormick echoed comments. He thinks this business area has been a bit dead and the realization began with the installation of the mural next to Uncle Yu’s. It will be cap-stoned with this mural on both sides for the entire section of the downtown to be filled with vibrant businesses.
Mayor Candell said she thinks the mural will be stunning, and noted there is some legislation going through that may not require artists to have to go jump through hoops legally to do a mural, which is a lot of work.
She appreciates everything and hopes the process will be easier for the next mural.
ACTION: It was M/S/C (Anduri/Wotherspoon) to approve the mural design by Rachel Perls for the Lafayette Downtown Mural Program. Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon; Noes: None).
15. PUBLIC HEARINGS – None.
16. ITEMS REMOVED FROM CONSENT
A. City Council Minutes
1. August 11, 2025
Recommendation: Adopt.
Councilmember Wotherspoon referred to page 12 under “SB 707 – Municipal Exemptions:” which should read “SB 79 – Municipal Exemptions:”
ACTION: It was M/S/C (Wotherspoon/McCormick) to adopt Consent Calendar Items A.1, as amended.
Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon; Noes: None).
E. Resolution 2025-48 Establishing the Bylaws for the Measure H Citizens Oversight Committee Recommendation: Adopt Resolution 2025-48.
Mayor Candell inquired about the need for liaisons on the oversight committee, who will conduct interviews, and suggested that liaisons be limited to the Mayor and Vice Mayor as part of the Finance Committee. She also emphasized that, despite having liaisons, they should not participate in committee decisions to maintain its independence and questioned how to reflect that in the Resolution.
City Attorney Mala Subramanian asked if the Council would like her to bring back suggested language for incorporation.
City Attorney Subramanian clarified with the City Manager that the positions should be advertised and, while this is done, staff could return with edited language while the City continues to advertise. The Mayor and Vice Mayor would be holding the interviews.
Mayor Candell opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Anduri/McCormick) to continue Item E and bring it back on the Consent Calendar.
Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon; Noes: None).
City Council and Creeks Committee Meeting Page 9 of 18 September 8, 2025
17. COUNCIL / COMMISSION REPORTS
A. Councilmembers report on activities and consideration of matters a Councilmember wishes to initiate for placement on a future agenda.
Councilmember Wotherspoon reported meeting with the BART Director Matt Rinn with Councilmember McCormick, as they serve as liaisons and discussed the state of BART. She also met with Assemblymember Bauer-Kahan’s field representative to get acquainted with her office and how it works with municipalities, participated in the Chamber of Commerce Coffee, and attended a RecycleSmart orientation and tour of the Mt. Diablo Resources Recovery Transfer Station Recycling and Reuse Warehouse, which she described.
Councilmember Cervantes reported that the Emergency Preparedness Commission met, with Deputy Chief Bachman providing updates on Con Fire’s fire safety efforts and the upcoming Fire Code update effective January 1.
He asked Deputy Chief Bachman to discuss lessons learned from the Palisades Altadena fires and then highlighted community progress with Firewise, suggesting a Commission presentation on the program.
Councilmember Cervantes also noted Hayward’s recent budget challenges, expressed gratitude for Measure H’s voter approval and the City staff’s conservative fiscal management, and praised ongoing road and public safety improvements, including the Springhill pathway.
Vice Mayor Anduri apologized for not recognizing Jenny Rosen, Staff Liaison to the Public Art Committee in the previous agenda item, and he thanked her for her tremendous work.
He then questioned when the Council will receive the schedule for the Art and Wine Festival and booth times. City Clerk Robbins stated Ms. Iarla will be sharing that schedule with the Council.
Mayor Candell stated last week she and Councilmember Wotherspoon attended the City Schools meeting and the crossing guards item came up. They discussed it and they tried to steer in the direction of having a long-term solution for this, which she described. They also had a good presentation on E-bikes and reported the middle school has implemented an entire registration program. This is where they verify it is legal or not. They also found out State regulations will not pass so it may come back to cities as a local issue.
At the Mayors’ meeting she spoke with the president of El Cerrito regarding the redistricting vote and suggested learning more about how to get facts out to residents so everyone can understand it better.
B. Councilmember Cervantes and Mayor Candell, Legislative Committee Update on SB 79
Recommendation: Discuss and direct on City position.
Councilmember Cervantes said a lot has happened since the last Council meeting regarding SB 79 at the August 11th meeting. Since then, the bill was amended multiple times. One key amendment finally addressed the issue of fire safety with respect to very high fire severity zones, but more significantly for Lafayette was that the Tier 3 counties were dropped from the bill.
City Council and Creeks Committee Meeting Page 10 of 18 September 8, 2025 There is a distinction in the bill where, if there are more than 15 transit rail stations, then they are an urban county and subject to the bill. If less, there are aspects of the bill that addressed planning considerations around rail stops, which is gone, so Lafayette is out of this bill as is the rest of Contra Costa.
The Cal YIMBY folks on their website indicated there are 8 counties subject to the bill: Los Angeles, Orange, San Francisco, Alameda, Santa Clara, San Mateo, Sacramento, and San Diego.
This is a significant change from one month ago and he highlighted the work that went into this. In the process, they needed to come up with a thoughtful and logical approach that addressed Lafayette’s key issues which relate to fire safety. The bill did not acknowledge the case of people getting out on one or two roads with areas that include high fire severity zones. They met with Cal YIMBY and a member of Inclusive Lafayette and a consultant who was involved in crafting of the bill to present their case, and a number of individuals were involved in the effort. The County released a letter today withdrawing their opposition because of the changes to the bill.
He credited their local legislators, Senator Tim Grayson, who thought Lafayette would be out of the scope of the bill and said the Mayor, himself, and City Manager called him and the Senator assured them they would be pleased with the end result. Assemblymember Rebecca Bauer-Kahan was very much on topic on the bill with her opposition, as well as their adjoining Assembly District which was also a very strong opponent of the bill, as well. They understood the particulars of Lafayette and Orinda in that the fire safety issues needed to be addressed, and there was a flaw to put that much density in areas where people would need to evacuate on short notice.
Mayor Candell agreed and said this was an amazing effort by legislators, especially Senator Grayson. The only thing left is that there was some new wording about one cannot really go out of a Tier 3 because some transit stops are in some regional plans, so they have an additional two transit stops coming in, and this keeps Lafayette at 15, so they are at the limit. She questioned if MTC had a future plan where they may have 10 more stations for Lafayette, so she hoped the other language included makes this disappear.
Councilmember Cervantes said he would like to put the word out regarding update on the bill which is fair—to let people know Lafayette is outside of SB 79. He also thinks the press release should include thanking their Senator and Assemblymember for stepping up for the City and recognizing their leadership.
He knows Lafayette’s concerns have been dealt with and, to acknowledge the support from their legislators, he would recommend they drop their opposition to the bill. They can vote then on how they think is best for the broader California housing conversation.
Vice Mayor Anduri thanked Mr. Elliott for his work. He thinks the amendment suggested was very valuable about eliminating from SB 79 areas in very high fire severity zones that have evacuation routes.
There must be several in all of the other counties that have that same problem, and this comes to the question of opposition.
Mayor Candell said they were trying to find out about all other areas and trying to get the new Cal Fire maps for other areas but this is very difficult.
Councilmember Cervantes said he had a conversation with Cal YIMBY and they thought there might be an area in Los Angeles around Hollywood and there may be some spots in San Diego, but they were not sure beyond that. He thinks the concept is a good one but people needed to understand better what the full implications were. While their focus was on Lafayette as well as their colleagues in Orinda, he thinks this might be something that will come up in a subsequent discussion on where you put housing.
City Council and Creeks Committee Meeting Page 11 of 18 September 8, 2025 Councilmember McCormick said he had the same thought about the transit counts. He asked if Lafayette is protected if MTC adds more transit stops, noting that he believes Lafayette has 15; 12 BART and 3 Amtrak.
Casey Elliott, Townsend Public Affairs, said with Tier 1 and Tier 2 being the only two tiers in the bill now, both are predicated on a stop being within an urban transit county. This is defined in the bill as “A county with more than 15 passenger rail stations.” Adding to the confusion, “passenger rail stations is not defined within the bill but if you look at passenger rail stations within the county, you effectively have 11 BART stations, the Richmond Transit Center which is BART and Amtrak, and then a station in Martinez. Right now, there are two additional passenger rail stations that are planned for not-yet-on-line in Oakley (Amtrak rail station breaking ground in 2026), and Hercules Hub (longer term project which will combine Amtrak and Ferry Service). The County will then be at 15 once those are operating. SB 79 would kick in on the 16th station which is the way the legislation is written.
So, the definition for urban rail station is a “functioning” rail station so unless it is operating, it is not triggered. The most recent amendments over the weekend further clarify the transit stop definition which is within an urban county definition. So, if MTC were to plan or do something like that, the City would already have to meet the urban county transit definition. So, could Contra Costa eventually at some point become an urban transit county? Yes it could, but they would have to meet that 16 passenger rail stations within the county. At this point, there are 13 with 2 planned for to come on line within some period of time, and this would leave the county at 15.
Councilmember McCormick said they all want transit, but they are stuck between cross-purposes.
Councilmember Wotherspoon said she reviewed definitions over the weekend, thinks the bill is still a bit ambiguous where in one area it is not defined whether you can count Richmond Amtrak and Richmond BART together and MTC will be providing the mapping of this set of stations. The bill describes that each metropolitan planning organization will create the map of designated TOD stops and zones within the region by tier in accordance with these standards which would have a rebuttable presumption of validity.
So, she will believe this when she sees the map.
Mayor Candell asked when MTC will be looking at that map because it looks like they will pass the bill and then create the map.
Councilmember McCormick said if it turns out that Lafayette is much closer to 15 than they think they are, they may need to advocate a further amendment.
Councilmember Wotherspoon noted Oakley will replace Antioch, so Hercules is the new one planned and the Council will have to see how it is interpreted. She asked if they heard this on the Assembly floor, and Councilmember Cervantes said it is up for a vote but they have not voted yet.
Mr. Elliott said the bill is on the Assembly floor now and it is eligible for consideration. It was not taken up today. The legislature adjourns their session for the year sometime around midnight or after on Friday, and there will be daily sessions until then. There is a good chance it will come on the floor tomorrow or Wednesday. If successful, it will need to go back to the Senate for a final vote before adjournment on Friday night.
City Council and Creeks Committee Meeting Page 12 of 18 September 8, 2025 Councilmember McCormick asked if amendments can still be introduced on the floor in the Assembly or the Senate. Mr. Elliott said the legislature now operates under the 72-hour rule that was approved by voters several years ago. If a bill is amended tomorrow by 8 p.m., it could still happen by Friday, but anything that is not amended tomorrow cannot be amended and considered this year.
Councilmember Cervantes said from interactions the Council has had with their Senator and Assemblymembers, there is a legislative intent to keep them out. This was the first comment Senator Grayson made to them in June and he followed through on that. So, there is ambiguity, but he has faith in part because of the way they stepped up for Lafayette. There have been so many changes to this piece of legislation throughout and there is ambiguity, but at this point, there will likely not be any further amendments. They will vote on what they have or else the bill will go away.
Mr. Elliott said he is not expecting any amendments on the bill tomorrow.
Mayor Candell opened the public comment period.
ELIAS FRETWELL, a senior at Acalanes High School, expressed disappointment that SB 79 was amended to exclude Contra Costa. He criticized Lafayette’s slow population and housing growth compared to the county, noting a 25% population increase over 50 years versus the county doubling both population and housing per resident. He argued that Lafayette is not meeting housing demand, particularly near the BART station, which he believes would allow quick evacuation and enhance downtown vibrancy. He urged the Council to reconsider its opposition to SB 79 and support more housing for younger residents like himself.
Councilmember McCormick thanked Mr. Fretwell for his comments and asked if he was familiar with the Housing Element which had recently been certified by the State wherein the City is building almost 2,000 unitsin the downtown and along Mt. Diablo Boulevard. This is a big deal and it will bring more housing units of all levels into Lafayette. The Council is concerned about the impact of the bill with fire safety and evacuation, and they want people living in the downtown, walking, and not driving, and he thanked Mr.
Fretwell for his engagement.
Mayor Candell closed the public comment period.
Councilmember Cervantes said he thinks it is important to get something out to residents to let them know of changes to the bill. He wanted to also acknowledge the support and leadership of their legislators in the process, as well. His second thought would be to drop opposition and ask legislators to vote the way they want to. He wanted to acknowledge the big issues the Council was looking at with the bill have been addressed. While there may be some cleanup in the future, he would like to maintain the full support of legislators in that effort and reciprocate in the tremendous support they gave to the City.
Councilmember McCormick agreed with the need for an update, thinks they should remind people the Council is not anti-housing and are putting thousands of units mostly in the downtown to ensure people can live here, and said he also has comments on number 2.
Vice Mayor Anduri asked if there is a special social media or email that went out that asked residents to write to legislators about SB 79. Ms. Srivatsa said it was a blast; the same thing they did the last time, and Ms. Iarla is also working on a new story.
City Council and Creeks Committee Meeting Page 13 of 18 September 8, 2025 Vice Mayor Anduri voiced support for staff to send a blast out tomorrow letting people know the changes and thanking them.
Councilmember Wotherspoon said the request was for them to exclude the very high and high fire zones in evacuation zones, as well, but the bill did not do that.
Mayor Candell agreed it did not and it just eliminated Lafayette completely from Tier 3. She voiced her support to send out the letter and asked for comments regarding dropping the City’s opposition.
Councilmember McCormick said he has concerns around the fire safety issue but the fact it overlapped with not intersecting with the Housing Element which was a main concern. HCD stated they were overworked with the Housing Element and basically was going to let SB 79 regulation go, and the City would have to support both. It seems that is still an issue in the 7 or 8 remaining counties and asked if legislators would like Lafeyette to drop their opposition because while Lafayette is not impacted, the fundamental flaws are still there.
Vice Mayor Anduri asked if they know of any legislators or groups in the other 8 counties are raising this issue.
Councilmember Cervantes said the Los Angeles City Council and County came out and opposed the bill a couple of weeks ago. He has honestly been struck that many cities are not that involved in this while Lafayette was out in front of many other communities.
Councilmember McCormick said he spoke to Councilmembers in Walnut Creek and Concord and they said they were already high zoned around their transit stations and it is a non-issue. He thinks the leadership Lafayette showed, especially the Mayor, Councilmember Cervantes, and the City Manager, plus what Orinda did as well, really got it done. He thinks they all really “moved the needle” on this and he thanked everybody.
Councilmember Cervantes asked Mr. Elliott what other cities and counties were doing, as he knows the League was opposed.
Mr. Elliott said Cal Cities is maintaining their opposition on this measure. He knows other cities throughout the state are having the exact same conversations Lafayette is having. He was not sure there would be a discernable pattern quite yet.
Mayor Candell asked how many have a meeting before Friday to even vote on dropping opposition before the Assembly votes on it, so Lafayette is likely unique in terms of having time to act on this. Councilmembers agreed.
Councilmember Cervantes said his feeling is that they drop opposition. The big picture issue is with respect to another layer of planning that needs to be done on an existing Housing Element and the whole RHNA cycle. He thinks they made an argument centered around fire safety and evacuation risk and in the end did not get picked up in the bill, but they got the other objective and while Lafayette is out of this in Contra Costa, he feels they took care of the community, but there is a bigger policy issue. If the League is fighting that, it is great, but he is more focused on the City’s situation here.
City Council and Creeks Committee Meeting Page 14 of 18 September 8, 2025 Vice Mayor Anduri said in stepping back, the City has a lot of housing in the General Plan, and while he thinks they escaped this time, they know this is not going to be the only time they will be faced with legislation that is going to uniquely impact Lafayette because of their geographic situation. So, he would not want to give up their concerns about fire safety. It is different.
He knows there are communities in LA county, San Diego, and Alameda County that have that concern. He thinks they need to be consistent in fighting for fire safety, particularly when they will be the biggest victims of anything that overlooks fire safety in the future. So, if they dropped opposition and then something else comes along and they say they are now opposing it, someone might say, “You didn’t help us when SB 79 was coming along, and dropped opposition.” Given the City’s unusual exposure to fire danger, he thinks they need to preserve their position.
City Manager Srivatsa raised two points—Contra Costa’s letter does not thank the legislators from exempting the County. Rather, they thank the legislature for recognizing their particular wildfire hazard area.
The way they crafted it focuses on that; not that Lafayette is out of it. The second is she thinks Lafayette led in a way their efforts to change this bill locally. If they continue to oppose and next year there are future bills, why would people be inclined to make amendments if they continue to oppose when they got what they wanted. She thinks they are there to cooperate with those who do not agree with them necessarily, but they have sat across the table from them and starting discussing the fact that they are a pro-housing city, want to build housing, but these are specific concerns.
Vice Mayor Anduri said his counter-position is that there are communities in the 8 counties that are facing the same thing so they could say thank you for recognizing Lafayette’s fire issues, but he could not go the next step of dropping opposition to it. He still looks at the bill itself and it just boggles his mind that the legislature could pass a bill that puts communities in danger that have evacuation problems. What they are hearing in the response is that they will deal with it later or it is too complicated to look at now. This is a critical problem and he asked why they are passing the legislation without addressing the problem.
Councilmember Wotherspoon said they did not respond to the request for the high fire hazard severity zones and did respond on the very high fire hazard severity zones, exempted historic districts, but Lafayette does not have any very high zones in the bubble. What was in the bubble were high and moderate and that was the request to legislators.
Mayor Candell said also it was to exempt the evacuation zones and not just particular areas in the very high fire zones. They know evacuation zones are affected by dense housing even though it is next to a freeway.
People north of the freeway can evacuate in 30 minutes. If they built just 700 units on the BART lots, they would stay in their driveways an extra hour, so it would be 1 ½ hour evacuating north of the freeway which was in the EIR as part of the Housing Element, and this is why they chose not to include housing because of this risk, and there is no way to mitigate that. This was 700 units. If you do the math on SB 79, they are close to 25,000 units, and that will impact evacuation routes, which is why they were arguing so hard for that.
She thinks this risk is still there for urban cities in situations like that which is Vice Mayor Anduri’s point and she understands that. This is a political decision right now, and she asked what is the best thing for Lafayette long-term working with legislators on items like this where they really came to bat for them. This is Ms.
Srivatsa’s point too and she asked Mr. Elliott what he thinks as to dropping opposition.
City Council and Creeks Committee Meeting Page 15 of 18 September 8, 2025 Mr. Elliott said he thinks that having a seat at the table in future bills and legislation and having concerns over fire safety, they have a better chance at getting a seat at the table with the people that traditionally run these bills by removing opposition and moving to a neutral position. He thinks it shows there is an acknowledgement of negotiation and back and forth.
While it is very correct that the exact language they proposed was not accepted, he has had conversations as well as others and much of this was not saying this is not a good idea but more of a ‘we don’t have a full grasp of what this would do statewide in other areas.’ So, he thinks they could more easily accommodate the community and other communities in the state by removing the Tier 3 language.
Councilmember Cervantes said it is important for the Council to play the long game in the context of the way the State does its planning which is often very top down. He came to appreciate legislators they could sit down with, make an argument, listen to them, and then go to bat for them. He credited the City Manager and Mr. Elliott for paying attention and he thinks in the long-run it is important for the City to be engaged with the powers in Sacramento and try to have a seat at the table to the point where parties listen to them because they think they are fair and reasonable.
It also struck him that the county dropped its opposition as well with changes to the bill and they did phrase it in a way that they appreciate the responsiveness in amending the bill to address fire safety concerns. There was a nudge in the direction with the bill with very high fire severity zones, and it was not as far as what he would have liked to see, but it struck him that they moved in that direction. So, he knows there is a split on the Council on this.
Councilmember Wotherspoon has trepidation in what the ultimate map looks like and what it declares about Contra Costa as an urban transit county or not. Hypothetically, it says Lafayette is an urban transit county and they have dropped opposition at this point. She asked if they would get support from legislators if they wanted to have a conversation about that map.
Councilmember Cervantes said he is putting faith in the people who represent them in Sacramento because of the way they stepped up for Lafayette in this whole cycle. Again, they are arguing a hypothetical on that one, and maybe he is a trusting individual by nature, but he respects how their legislator stepped up for them and wants to make sure they listen to Lafayette going forward.
Vice Mayor Anduri asked if he thinks one of the reasons Tier 3 was exempted was because of the fire concern.
Mayor Candell asked Mr. Elliott if that was any part of that argument or she asked if it was dropped for other reasons.
Mr. Elliott said throughout the negotiations, there were a number of jurisdictions throughout the state that were asking for various local accommodations related to fire and historic districts and others. When proponents looked at all requests in their totality, their goal was much easier achieved by taking out Tier 3 and then cleaning that up. He knows from conversations he has had with proponents since then that they were very impressed with the fire language. They were not thinking of it in terms of evacuation routes in the fire severity zones.
City Council and Creeks Committee Meeting Page 16 of 18 September 8, 2025 He thinks their conversations led directly to the very high severity language included in the alternative plan which as noted does not impact the City. But, he does not think that language would have surfaced had the City not had its conversations. So, he thinks they were listening and trying to react to the fire piece. It is not perfect and not necessarily workable for the City under the incoming maps but he does not believe the language would be in the bill if it were not for the City’s efforts.
Councilmember Cervantes said he had a conversation with one of the proponents of SB79 once Tier 3 was dropped, as he was curious about the City’s proposed language. The comment was, in the context of Lafayette, the proponent felt the City made a convincing argument about Lafayette’s particular issues, but there was a reluctance at the legislative leadership level to create a new precedent at this point with statewide implications. With the time available, Legislative leadership just could not get their hands around what that meant and there was uncertainty as to how that would play out. He said in the end, it was simpler to exempt Lafayette.
Councilmember Cervantes sarid, not knowing all the background behind the bill, it’s uncertain- if Lafayette’s proposed language became a wedge that broke off the Tier 3 portion of the bill. He is sure there are many other parties involved in that change, but it was simpler to drop Lafayette out of it.
Vice Mayor Anduri said he would support withdrawing the City’s opposition if, in whatever communication they do that, they thank the legislature for recognizing the unique fire situation facing Orinda and Lafayette.
He would state it as that is why they are out. He can rise above principle and support this.
Councilmember McCormick said he thinks the Mayor’s point is this is politics and a messy proposition. He is convinced by talking about the long game and with what they are doing with Townsend in having a bigger voice in Sacramento. If this helps moving forward, he will support the position, keying it to the fact they recognize the fire danger.
Councilmember Wotherspoon said the bill references the Housing Accountability Act and the health and safety exclusions. It occurs to her they probably want to start looking at objective standards for health and safety in the event they do have development, such as revisiting the thresholds of evacuation significance.
Councilmembers agreed.
ACTION: It was M/S/C (Cervantes/McCormick) that the Council authorizes the issuance of a press release to the community updating it with respect to changes to SB 79 and remove Lafayette from the scope of the bill with appreciation of support of their legislators; to issue a letter removing opposition to the bill highlighting the significance of addressing fire safety issues as a consideration for planning in the future.
Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon; Noes: None).
C. Councilmembers McCormick and Cervantes
Resolution 2025-50 Appointing members to the Youth Commission Recommendation: Adopt Resolution 2025-50 appointing members to the Youth Commission.
Councilmember McCormick reported two rounds of interviews of impressive individuals vying for seats.
There were six openings and eight applicants. He and Councilmember Cervantes interviewed them and recommended appointing Grace Colaco, Lucia Giallorenzo, Marley Oh, Franklin Rocca, Surya Spitzer, and Matt Wiehn to the Youth Commission, with Associate Commissioners as Tatum Duff and Kaden Parkin.
Councilmember Cervantes recognized the terrific young people who in the future can make huge contributions in Lafayette and/or to the broader country.
City Council and Creeks Committee Meeting Page 17 of 18 September 8, 2025 Mayor Candell opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (McCormick/Cervantes) to adopt Resolution 2025-50 appointing Grace Colaco, Lucia Giallorenzo, Marley Oh, Franklin Rocca, Surya Spitzer, and Matt Wiehn to the Youth Commission. Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon; Noes: None).
18. WRITTEN COMMUNICATIONS
A. E-mail from Christine Lee resigning from the Creeks Committee Recommendation: Accept resignation and thank Christine Lee for 2 years of volunteer service.
Mayor Candell and Councilmembers recognized and thanked Christine Lee for her service and contributions to the Creeks Committee.
Mayor Candell opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Cervantes/McCormick) to accept resignation and thank Christine Lee for 2 years of volunteer service. Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon; Noes:
None).
B. E-mail from Scott Minden resigning from the Environmental Task Force Recommendation: Accept resignation and thank Scott Minden for 2 years of volunteer service Mayor Candell and Councilmembers recognized and thanked Scott Minden for his service and contributions to the Environmental Task Force.
Mayor Candell opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Anduri/McCormick) to accept resignation and thank Scott Minden for 2 years of volunteer service. Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon; Noes:
None).
C. Designation of voting delegate for the League of California Cities Annual Conference on October 8-10, 2025.
Recommendation: Discuss and direct staff to submit Lafayette’s appointed Voting Delegate to the League of California Cities Annual Conference on October 8-10, 2025.
Mayor Candell stated she is attending the conference and is also on the League’s appointee and would gladly take on the Delegate role. Councilmembers voiced their support.
Mayor Candell opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Candell/Cervantes) to appoint Mayor Candell as Lafayette’s voting Delegate to the League of California Cities Annual Conference on October 8-10, 2025. Roll Call Vote: 5-0 (Ayes: Candell, Anduri, Cervantes, McCormick, Wotherspoon; Noes: None).
19. ADJOURNMENT –
9:10 p.m.
City Council and Creeks Committee Meeting Page 18 of 18 September 8, 2025 ATTEST: APPROVED:
Joanne Robbins, City Clerk Susan Candell, Mayor