City Council, Successor Agency, and Creeks Committee Meeting Page 1 of 31 September 14, 2026 *
City of Lafayette
City Council,
Successor Agency and Creeks Committee Minutes
Lafayette Library and Learning Center – Don Tatzin Community Hall September 14, 2026 3491 Mount Diablo Boulevard, Lafayette, California 5:30 p.m.
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City Council, Successor Agency, and Creeks Committee Meeting Page 2 of 31 September 14, 2026
1. CALL TO ORDER – 6:30 P.M.
Mayor Anduri called the Regular City Council meeting to order at 6:30 p.m.
2. ROLL CALL
Present: Mayor Anduri, Vice Mayor McCormick; Councilmember Candell, Cervantes and Wotherspoon
Absent: None
Present: Creeks Committee: Members Will Elder, Douglas Bleakly, Mary Jo Cass and Ron Hufft
Absent: Members Christopher Moyes and Jason Quinnes
Staff Present: Niroop Srivatsa, City Manager; Greg Wolff, Planning and Building Director, Tim Pryzbyla, Financial Services Manager, Madison Church, Assistant Planner; Jenny Rosen, Staff Liaison, Public Art Committee; Patrick Golier, Transportation Program Manager; 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/Candell) to adopt the agenda. Roll Call Vote: 5-0 (Ayes: (Ayes: Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
5. STAFF REPORT
A. Tracy Robinson, Assistant City Manager and Niroop Srivatsa, City Manager Potential Acquisition of 3483 Mt. Diablo Blvd., Lafayette (APN 243-231-022-1) Recommendation: Discuss and direct.
Mayor Anduri opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Anduri/McCormick) to declare interest in 3483, 3487, 3489 Mt. Diablo Blvd. and retire to Closed Session to discuss price and terms. Roll Call Vote: 5-0 (Ayes: Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
6. CLOSED SESSION
Mayor Anduri opened the public comment period, and there were no speakers.
A. Conference with Legal Counsel – Existing Litigation
Gov. Code section 54956.9(d)(1)
Brian J. Vesce, et al. v. City of Lafayette
Contra Costa Superior Court, Case No. MSC20-01130
B. Conference with Real Property Negotiators (Gov. Code Section 54956.8 City Council, Successor Agency, and Creeks Committee Meeting Page 3 of 31 September 14, 2026 Property: 3483 Mt. Diablo Blvd., Lafayette (APN 243-231-022-1) Negotiator: Tracy Robinson, Assistant City Manager and Niroop Srivatsa, City Manager Negotiating Parties: Bill Stuart
Under Negotiations: Price and terms of payment
C. Public Employee Performance Evaluation (Gov. Code Section 54957) Title: Niroop K. Srivatsa, City Manager
D. Employee Performance Evaluation (Gov. Code Section 54957) Title: Mala Subramanian, City Attorney
E. Conference with Labor Negotiators Gov. Code Section 54957.6 City designated representative: Mayor Anduri
Unrepresented Employee: Niroop K. Srivatsa, City Manager RECONVENE FROM CLOSED SESSION – 7:00 p.m.
Mayor Anduri announced no reportable action was taken on Closed Session Items 6.A, B, C, D and E.
7. PLEDGE OF ALLEGIANCE – Mayor Anduri led in the Pledge of Allegiance.
8. 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).
PAMELA WEST said she is running for the Contra Costa County Office of Education’s Governing Board. She cares about educating children and for many years she served on the Orinda Union School District Governing Board and serving was one of the highlights of her life. She and her husband raised their four children here, all went through public schools and graduated from college. She wants to be sure every child in the County has the same opportunities. Her goal on the Board will be to help ensure every student receives the best education possible and a chance to reach their highest potential.
She will bring a collaborative, results-focused approach to building strong schools and communities where every child can succeed. She spoke to many members of school boards around the county, including the Lafayette School Board and they all agreed on a list on what the County could do for the school districts in this area: Cybersecurity systems, AI approaches and monitoring, mandated program guidance and instructional tools, professional development for teachers, proven special education programs, funding, advocacy, and more collaboration between district and the County.
City Council, Successor Agency, and Creeks Committee Meeting Page 4 of 31 September 14, 2026 She wanted to also add that adequate counseling and health services, an emphasis on reading that begins with early reading programs, math and science programs that serves the needs of all students. The Lafayette community has benefitted greatly, and she is determined to give back and continue working hard to make sure children get educated to their fullest potential.
10. CITY MANAGER’S UPDATE
City Manager Niroop Srivatsa gave the following report:
• A reminder that this Wednesday, September 16th from 10 a.m. to 12 noon, State Senator Tim Grayson will be hosting a free Senior Scam Stopper Seminar at the Veteran’s Memorial Building and experts will share tips for how to recognize scams, how to protect personal information, and help protect loved ones. It is free but RSVP is needed through the Senator’s office. • If you are looking for a meaningful way to stay connected in the community and to give back, the Senior Services Commission is hosting its Senior Volunteer Fair, Make a Difference-Make a Friend on Tuesday, October 6th from 10 a.m. to 12 noon here in the Don Tatzin Community Hall. This fair will bring together non-profits and older adults who are looking for ways to share their time, expertise, and talents.
• She hopes everyone has received the new Vistas in mailboxes over the weekend. It is a great look at the many ways art adds character to Lafayette. The Vistas is entitled, Celebrating Art Where We Live, Work and Gather.
• Finally, she is pleased to announce that the City has a new City staff member, K9 Elwood. Elwood is an 18-month old Belgian Malinois, named in honor of Pittsburg Police Officer Larry Elwood Lassiter who was killed in the line of duty. Officer Harper and Elwood recently completed their 6- week patrol K9 training course and they started working last week on September 10th. They will soon be heading back to school for explosives detection training as well, and staff is looking forward to introducing Elwood to the Council and community at an upcoming Council meeting.
Mayor Anduri opened the public comment period, and there were no speakers.
11. PRESENTATIONS
A. Joanne DePhillips, Founding Director, Berkeley Chamber Performances Lafayette Civic Values: Lifelong Learning and the Arts
Recommendation: Receive and file.
Mayor Anduri said during 2026 and 2027, the Council is beginning the first Council meeting of each month with a presentation by an organization that either offers lifelong learning opportunities, promotes the arts, or both. They are doing this to strengthen two of Lafayette’s core civic values. The first is the City’s commitment to lifelong learning which is specifically called out in their City Mission Statement. The second is the City’s goal of embedding the arts in their civic life and in the fabric of the community, making visual and performing arts part of their surroundings and everyday lives.
So far this year, they have heard from eight wonderful organizations that promote these civic values, and today they hear from another—Berkeley Chamber Performances. For more than 30 years, Berkely Chamber Performances has presented intimate chamber music concerts in the East Bay, primarily in Berkeley, but for the last three years, right here in this room on this stage in Lafayette. Today, the Council will hear from its Founding Director, Joanne DePhillips and Boardmember Mark Hotchin, and he welcomed them.
City Council, Successor Agency, and Creeks Committee Meeting Page 5 of 31 September 14, 2026 Joanne DePhillips thanked the Council for inviting them, and they are thrilled to have been performing here for the last three years. As background, they started Berkeley Chamber Performances in September of 1993 and their concerts are at the Julie Morgan’s Historic Berkeley City Club. This will be their 34th year there, and they present chamber music anywhere from two players to a chamber orchestra.
In 2017, they started a consortium with the Gold Coast Chamber Players who performed here for many, many years with Pamela Freund-Striplen as Director and, also as part of that consortium, was the Mill Valley Chamber Music Series and Noey Valley Music. They presented one concert a year with all of those organizations. They would pick an ensemble that each of the groups individually could not afford but together they could because these groups would come from many areas. And, even if they were local, they would be able to perform in four venues which was great for all of their budgets.
They did this through 2023 which was the last year the Gold Coast Chamber Players were in existence.
Then they decided this is such a lovely place to play, given the fabulous acoustics in this room and all performers love performing here, so they spoke to Pam and said there will be no chamber music in Lafayette, and asked whether it would be okay to present there. She agreed to that and they spoke to the Library and has had a wonderful time here. This will be their fourth year and they are looking to increase their audience because they are not as large as when the Gold Coast Players were here, and they are not so large as their venue in Berkeley. So, they have a huge task to increase their audience and she welcomed suggestions from the Council.
She said Mark Hotchin will talk about their upcoming program, and they have brochures for their upcoming season.
Mark Hotchin thanked the Council for inviting them here this evening. Each year, they have a total of five concerts—five in Berkeley and three here. This year’s lineup is the Telegraph Quartet who were a Bay Area base for years and have since moved onto the University of Michigan, but now they come back every now and then and perform in the Bay Area. They will be presenting a concert on Saturday, October 17th.
On January 23, 2027, they will have the Ensemble Arry which is a Bay Area base group of mainly Korean women. They have performed a lot here in the Lamorinda area. Finally, on February 20th, they will have the ensemble San Francisco, which is a pianist, cello and violinist and they will be performing Beethoven Opus 127; one of the very famous late quartets. It is a wonderful lineup. They offer season tickets and anything the City can do to help get the word out and increase their numbers, they would be thrilled to have the hall filled every time they have a concert.
Ms. DePhillips said the other offering they have is for children. Any children up through high school age are free and higher education students are admitted for half price.
Vice Mayor McCormick thanked the Berkeley Chamber Performances for the ability for adults to perform and students to listen, which helps build the overall community. Getting the word out to the high schools in the area have accomplished groups and suggested making connections there. It is a great resource the City should take advantage of.
Councilmember Cervantes asked and confirmed the representatives had materials to share with the Council.
City Council, Successor Agency, and Creeks Committee Meeting Page 6 of 31 September 14, 2026 Councilmember Wotherspoon said she attended one concert last year and it was spectacular and this venue is so good for chamber music because it is not that big and every seat is a great seat. Ms. DePhillips agreed and commented that the acoustics and staff here are particularly outstanding.
Mayor Anduri agreed the acoustics are great to listen to music in the hall and thanked representatives from the Berkeley Chamber Performances and hopes they will have full concerts over the coming year.
Mayor Anduri opened the public comment period, and there were no speakers.
B. Creeks Committee
Annual Update – Goals and Accomplishments
Recommendation: Receive and file.
Creeks Committee Chair Will Elder asked and Committee members introduced themselves as, Douglas Bleakly, Mary Jo Cass and Ron Hufft.
He then referred to the Creeks Committee’s goals and accomplishments which was provided to the Council and provided a short PowerPoint presentation of their project at Leigh Creekside Park they have worked on for a while and which is moving into a new phase. He noted one accomplishment also completed was that Mary Jo Cass checked all creek identification signs in town, replaced one, and made sure they were cleaned up and looking good.
He provided an historical background of the original proposed restoration of the creekbank at Leigh Creekside Park before the park became a park, presented a photo of the restoration site in 2003 before plantings and removal of invasive species were done, said steps were installed in 2007 down to the restoration site area, displayed a photo of Creek Day in 2012, Lafayette Community Day in 2025, said in 2024 the Restoration Trust provided $2,000 for a plan with 3 zones for restoration, noting Zone 3 is the next phase the Committee is moving into.
Chair Elder said this year they spoke with the California Urban Streams representative to help out with stream bank issues in the County. They developed a plan for re-vegetating the steep slope. He displayed the bank from last year covered in blackberries and removal this year without blackberries and readying it for planting.
Currently, the Committee is planning a planting event on November 14 & 15 and are looking for volunteers. In the meantime, they are putting jute fabric over the bank to ensure it stays stable and then they will be planting through that. That work has all been supported by the Lamorinda Sunrise Rotary Club which donated $10,000 to the Committee this year which they will need to spend this year. They are working on getting permits in place to do work on the lower bank. The Resource Conservation District along with the Urban Stream Partnership will come out and help them to do the lower work once they get everything in place.
Additionally, a big focus is making sure they get a consultant contracted to do the environmental work needed for the West Reach project. This is a high priority and the other thing they will work on is looking for more grant funds and another high priority is getting the Youth Outreach Program going this year.
Councilmember Cervantes asked who the Committee is dealing with for permits. Chair Elder said Fish and Game and if they go into the water, the Army Corps of Engineers.
City Council, Successor Agency, and Creeks Committee Meeting Page 7 of 31 September 14, 2026 Councilmember Cervantes said he has read articles on the Super El Nino coming our way which means a lot of rainfall and creeks rising. He asked if there are issues the City should be aware of in extreme rain events to ready the City. Chair Elder replied that some of the culverts have grates on them and the City needs to be sure they are clear prior to rain starting. Otherwise, flooding will occur.
Member Bleakly noted that if there are obstructions in the creek in the way of trash, debris, branches, these types of things will capture even more debris as it comes down. The City had problems 5-6 years ago during an El Nino with the collapse of the bank on the north side and it is part of the fact creeks are prone to that sort of thing. Therefore, flows should not be allowed to become obstructed if at all possible.
Chair Elder said when he began here, they conducted annual inspections staff would do of the creeks and then they became every 5 years and now they do not have a good handle on that any longer. City Manager Srivatsa took note of this.
Vice Mayor McCormick commented that the Creeks Committee is one of the hardest working committees and actually doing the work. He enjoyed the look back, noting problems require constant maintenance and renewal. He voiced appreciation for all of the work which is making a material difference Councilmembers Wotherspoon echoed comments and thanked the Committee for reaching out to Acalanes and hopes they will obtain able bodies to help with work. She asked about the Las Trampas Creek EBRPD Trail and the latest update on the work.
Member Bleakly said he has worked with Linda DeSchambault for many years in several capacities. They have had regular communication with her and she has been instrumental in moving things along inside the EBRPD in terms of getting things taken care of, such as the bridge next to the Gazebo which is supposed to be replaced in the fall of next year.
There is still some question as to what will happen with regard to the trail. In the one picture, the riprap came in and there was an undercut area underneath the asphalt. They want to put in a cantilever structure. The idea is they will flatten the area and complete that trail. They do not want the bridge completed until the trail is completed. They have Linda DeSchambault and a couple of her colleagues coming to their October meeting to provide an update. Among things is to establish better continual communication between the two organizations. Another thing he has on his list is that they have a foundation that goes looking for money and he would like to tap into that.
Councilmember Candell asked to thank the Sunrise Rotary on the City’s behalf when the Committee deals with them. They have been so wonderful recently and adopted the project, which is fabulous.
Mayor Anduri opened the public comment period, and there were no speakers.
Mayor Anduri thanked Committee members for all of the work over the past year and for all future goals which will be substantial work.
12. CONSENT CALENDAR
Mayor Anduri asked if the Council or the public wished to remove any items, and there were no requests or public comments.
City Council, Successor Agency, and Creeks Committee Meeting Page 8 of 31 September 14, 2026 A. City Council Minutes
1. August 10, 2026
Recommendation: Approve.
2. August 20, 2026
Recommendation: Approve.
B. Resolution 2026-51 Establishing Metering and Enforcement Hours for Designated On-Street and Off-Street Parking Locations
Recommendation: Adopt Resolution 2026-51.
C. Second Amendment to Purchase and Sale Agreement and Joint Escrow Instruction for 986-980 Moraga Road (Campana)
Recommendation: Authorize the City Manager to execute Second Amendment to the Purchase and Sale Agreement for 986-980 Moraga Road.
ACTION: It was M/S/C (Cervantes/Candell) to approve Consent Calendar Items A, B, and C. Roll Call Vote:
5-0 (Ayes: Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
Convene Successor Agency
13. OLD BUSINESS
A. Tim Przybyla, Financial Services Manager and James Wawrzniak, Jr., Partner, Jones Hall, LLP and Eric McKean, Managing Director, Ramirez & Co., Inc.
Consideration of Resolution SA2026-02 Authorizing Staff to Initiate the Issuance of Refunding Bonds, Approving the Execution and Delivery of an Indenture of Trust Relating Thereto, and Providing for Other Matters Properly Relating thereto
Recommendation: Adopt Resolution SA2026-02.
Financial Services Manager Tim Przybyla said at the previous meeting the City’s municipal advisor introduced the team put together to refinance the RDA Successor Agency bonds. Tonight, Erick McKean from Ramirez & Co., Inc. is present as the underwriting firm and James Wawrzniak, Jr. from Jones Hall, the bond disclosure counsel who will provide a presentation.
James Wawrzniak, Jr. Partner, Jones Hall, LLP, noted at the last meeting when the project was kicked off, Lafayette had a Redevelopment Agency which issued some bonds primarily to finance the library and accompanying improvements in 2002, 2005 and 2008 where bonds were issued. RDA’s were dissolved in 2011 and 2012 and at that time, the Council became the Successor Agency Board. All the Successor Agency can do now is wind down the affairs of the agency. Part of that is being able to refinance bonds if economic. The Board approved the Successor Agency and staff to move forward with drafting documents, and they set about doing that. In the packet tonight is a resolution as well as many pages of documentation pursuant to refunding bonds could be issued if the market is right, as well as a disclosure document that describes the Successor Agency, project area, etc. They will walk the Board through those documents, seek approval and move the process forward.
City Council, Successor Agency, and Creeks Committee Meeting Page 9 of 31 September 14, 2026 Mr. Wawrzniak then gave a PowerPoint presentation displaying the requested action which is to adopt the resolution to refund the existing 2014 and 2015 bonds, authorize City staff to carry out whatever is necessary to finalize the transaction subject to parameters, where there must be a minimum 5% net present value savings. The bond market has not been favorable which he described and payment to Ramirez & Co., Inc. will be no more than .35% and all other costs of issuance of bonds are included in the savings parameter. The documents are being approved as to form tonight with blanks to be finalized.
He noted Agency member Cervantes provided some comments and edits which they will make in the next document. One is that should they have a potential risk factor regarding the Lafayette Reservoir dam failure or other event they want to disclose any potential risks to bondholders. Finally, step 3 is authorizing City staff to go out to the market, find interested buyers of this debt and lock in the minimum 5% savings.
He then presented an overview which explains how they are refunding existing debt for savings. They are not extending the maturities on the 2014 and 2015 bonds. They will talk to all mutual funds, pension funds, pension funds, high net worth individuals and anyone who is interested in owning a municipal bond in California. The Redevelopment Property Tax Trust Fund (RPTTF) pledge is what the Successor Agency receives which is the share of the 1% ad valorem tax that goes to the Agency. If economic, they might get bond insurance and reserve fund surety which help the credit. The current structure is level savings, so whatever savings amount is anticipated through 2038, the Agency will see that in equal chunks every year as well as all affected taxing entities.
The bonds would be non-callable and usually bonds have a 10-year no-call period, and here they are going out to 2038 and unlikely they will refund that last one or two years only. So, if they say 12 years is noncallable, the Agency will get a lower cost of capital. Lastly, they are here to try to lower the interest rate, bring the money back to this community as opposed to paying the existing bondholders.
Eric McKean, Managing Director, Ramirez & Co., Inc. said in preparation for the meeting, they prepared a bond sizing using interest rates as of August 24th and the savings generated at the time was a little over $2 million gross which translates into a little bit under $1.7 million in NPV savings. As the savings is allocated to each one of the underlying taxing entities, what one consultant put together is the summary table. They have highlighted the amount of savings that would go to the City’s General Fund. The City receives 6% of the 1% so what that equates to is the General Fund would receive about $127,000 of gross savings from this refunding and all other taxing entities are laid out with their share of the savings. This is as of August 24th interest rates.
The market has been very volatile, especially over the last week. They have a special benchmark in the tax exempt market called MMD which is representative of all AAA rated issuers in their market. That benchmark has moved about 40 basis points since they updated numbers, so he updated the sizing result today, using today’s interest rates and the MPV savings are right around 4.3%. So, they dropped below the threshold. A lot of that has been driven the headline risks and geopolitical developments happening in Iran and now the Red Sea. This has caused the price of oil to really increase, and there are inflationary pressures from that.
He thinks there are some items on the horizon investors will be focused on where the Fed is likely going to increase its Fed fund policy rate, but also provide forward guidance on how it is going to handle inflation. The California municipal bond market is still performing very well, and it is just that yields have increased along with other yields in other markets.
City Council, Successor Agency, and Creeks Committee Meeting Page 10 of 31 September 14, 2026 He then provided a tentative schedule and said they are asking the Board for its approval even though they have slipped below the threshold. What it does is allows them to go to the oversight board for its approval and then start the process with the DOF to get its approval which can take up to 60 days. By getting this approved, they will be able to assess how market conditions change and be nimble if market conditions get better, and are very optimistic they can achieve those 5% MPV savings, if not greater.
Agency member Cervantes asked if Ramirez & Co. have a take on where the market might be going.
Mr. McKean said they think it is highly correlated with what happens in Iran and what is happening in the Red Sea. It is hard to predict, but they have seen over the last 6 months a high correlation between interest rates and the price of oil. They have had many successful transactions that they have brought to market for other Bay Area issuers and even a month ago where rates were a lot lower because the price of oil had come down because of the de-escalation in the conflict. If they do see de-escalation they will expect the price of oil to come down, interest rate expectations to come down, and the Agency’s savings to go up.
Agency member Cervantes said Mr. Wawrzniak mentioned that one of the things the Council needs to look at is whether any material facts exist that have not been disclosed, which is what caused problems for Orange County in the early 1990’s. The one additional risk he can see disclosing is super remote, but in the flood risk section, if something happened to the Reservoir, it could cause significant damage to the redevelopment project area. So, he thinks they should be disclosing to investors material things, and this is all he could find and worth noting.
The other item is the key covenant that the Successor Agency make its timely annual filing of the recognized obligation payment schedule, which is the basis for which these bonds get paid. If the City somehow failed to do that, it would be a problem. It is more a ministerial function, but he asked if the City has been making these filings timely.
Mr. Przybyla said no, not to his knowledge. He knows the City filed timely last year when he did the filing.
Agency member Cervantes added that in the bond purchase agreement, there are a number of items where the Successor Agency makes representations, therefore it is important to ensure they have done everything has been done that has been asked of them in the bond purchase agreement.
Mr. Przbyla said yes, he has discussed this with bond counsel and they will go over that carefully.
Vice Chair McCormick said he understands the bond market is volatile right now and representatives state they are getting all of their “ducks in a row” and if they go above 5%, they can strike relatively quickly .He asked for how long is that period.
Mr. McKean said the fiscal consultant prepared a lot of the data seen in the documents tonight. His report is based off of the latest published assessed values from the County. Those just came out this summer, so those values are not going to change materially until they get to the summer of 2027.
City Council, Successor Agency, and Creeks Committee Meeting Page 11 of 31 September 14, 2026 So, this report is good for about one year. Now, they will strategically pull the trigger on moving forward when market conditions allow for them with all of those other steps he did not review in detail, but once they start engaging other parties such as the rating agency S&P, they provide a rating on the bonds which helps them market the bonds. Once they do that, they only have 90 days with that rating staying valid.
So, they want to be confident they will be able to move forward, not incur costs they do not have to incur, but those are the two timing elements.
President Anduri referred to the slide that illustrated the City’s savings are 6.13% and he is glad they are doing it, but they will be saving Con Fire $26,000 a year and he asked if they are aware of that because that is money that could be devoted to clearing vegetation along evacuation routes.
City Manager Srivatsa said she does not think they are aware, but she will make them aware of that.
Chair Anduri opened the public comment period, and there were no speakers.
Agency member Cervantes said to the Chair’s point, the City gets $11,000 a year, but he thinks a nice letter to some of the overlapping jurisdictions like Con Fire, the School District, and the County to indicate the City is are looking out for them would be well timed especially as Con Fire wouldreceive $26,000 a year which is better than nothing. Mr. McKean said he wants to be sure they get the deal priced and sold first because this is still theoretical, and once they do, they will work with the City Manager.
ACTION: It was M/S/C (Cervantes/Wotherspoon) to adopt Resolution SA2026-02. Roll Call Vote: 5-0 (Ayes:
Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
Adjourn Successor Agency
B. Mala Subramanian, City Attorney
Settlement Agreement between the City of Lafayette and Brian Vesce and Allyson Vesce regarding Litigation associated with 3654 Happy Valley Road Recommendation: Authorize the City Manager to execute the Settlement Agreement with Brian J. Vesce and Allyson Vesce.
City Attorney Mala Subramanian said at the August 10th Council meeting, the Council considered the Settlement Agreement attached to the staff report. At that meeting the Council requested that the Mayor and Councilmember Candell meet and discuss with the Vesces whether they would consider dismissing the public from the lawsuit which would then result in an amendment to the Settlement Agreement.
Since that meeting, the Mayor and Councilmember Candell have reached out to the Vesces. They have left a voicemail, texted, have sent correspondence through her office to the Vesces’ attorneys, followed up with the Vesces’ attorneys and, as the Council is aware, when the staff report was written they had not received a response. Since the staff report was written, they did receive a response from the Vesce’s attorney. They indicated that the Vesce’s were appreciative of the Council’s efforts, that the City’s settlement and neighbors’ concerns are separate matters and they would like to proceed with the City Settlement without conditioning it on dismissal of all persons unknown. The Vesces will address their neighbor’s concerns separately.
City Council, Successor Agency, and Creeks Committee Meeting Page 12 of 31 September 14, 2026 Since the Vesces have indicated they are not amenable to amending the Settlement Agreement to dismiss the public, she continues to recommend that the Council authorize the City Manager to execute the attached Settlement Agreement. Her colleague, Scott Dithfirth, who was handling the litigation, is also available to answer questions.
Mayor Anduri confirmed there were no questions from Councilmembers.
Mayor Anduri opened the public comment period.
AMY PETERSON, Glen Road, said she has lived in Lafayette for 47 years and it has been a wonderful place to be. This issue has caused a tremendous amount of consternation for all neighbors and beyond the neighborhood who use the Dips on a regular basis. She added that she is also disappointed in the way things have been dealt with regarding the situation. She said if the Council is supportive of the public’s limited goal to maintain the status quo in this matter, and she thinks many Councilmembers have expressed they are supportive, and the Vesces have not even responded to the request to dismiss the action in its entirety, she asked why can’t the Council decline to settle with Vesce until they agree to dismiss all persons unknown.
She also said the public remains willing to meet with the Vesces and the City with the goal of bringing this to conclusion rather than continuing or escalating the litigation, but they really need the City to do their part to support and properly represent the public. She asked the Council to do the right thing.
KATHLEEN BURKE said she has lived in Lafayette since 1989 and absolutely loves Lafayette and living here.
They actually have an easement to go over the Vesce’s property so other than being emotionally involved in it, she should not even be here. It drives her crazy that their kids got to do it; that it is a safe route that all of the children use, and she is not sure the Vesces will cut it off, but they need some sort of commitment and for them to talk to neighbors.
So, she does not feel great that Mr. Vesce does not answer neighbors and he will not commit to anything.
This makes her feel something else is going on and that he is disingenuous. She drives up and down North Thompson every day and it is not a safe place to put all of the kids, scooters and bikes to use. There is a very narrow point where she often thinks she will hit the phone pole because if another car comes around, it is a pinch point. So, all bike paths have been designed to keep kids safe and she thinks the Council should consider that and do the right thing.
BEN DOUGLAS said he has lived in Lafayette on Glen Road for 20 years now. His children use the Dips to get to Happy Valley. He, like many neighbors, use it regularly to get through the downtown. He echoes that comments from Amy Pearson and Kathy Burke made—that it isreally disingenuous of the Vesces and their attorney to be claiming that they want to work with the public to resolve this when they have been evading discussions throughout this.
The neighbors actually paid for a mediation that the Vesces and their attorneys were supposed to come to and they refused to come. One of the participants managed to get Brian Vesce on the phone and he simply refused to engage in any meaningful discussion about resolving this. The fact they are now refusing to dismiss the public clearly indicates they have something up their sleeve that they are trying to accomplish by not dismissing the public. He understands Mr. Vesce is there now and if he disagrees with that, he invites him to come and explain to the Council why he is refusing to dismiss the public if not so he can use the litigation process to extinguish public rights to walk over there.
City Council, Successor Agency, and Creeks Committee Meeting Page 13 of 31 September 14, 2026 He urged the Council not to become a tool of this manipulation of the litigation process that the Vesces and their attorneys have engaged in. He reminded the Council that the Vesces received over $1.5 million as compensation for their “alleged” lack of knowledge about the Dips when they bought the property.
No one in the neighborhood believes that they really did not know, but they got $1.5 million from it. It is completely inappropriate and against the public interest, which the Council has been elected to represent, to allow them to get out of this litigation without dismissing the public. The fact they were evading any contact with the City Attorney’s office and with the Councilmembers for so long and for the last minute to say “thanks but no thanks” again really reflects the bad faith they used to conduct this entire process.
So, he urged the Council do not become their pawn in this. He asked to simply say they are happy to dismiss the litigation but they need to dismiss the public too.
LIBBY HENRY said she is not that versed in this issue, but she knows the property in question and she has been questioning it since the so-called Vesces moved in. She wants to support speakers. This smells exactly like what is overtaking the State right now, with billionaires taking over lands and properties and abusing the law to get their way. She asked the Council not to let them off the hook. She knew when the house was purchased and rebuilt that this was a sham just like what is occurring in other California cities.
People are buying up property in single-family home neighborhoods and now they are wanting to rule the roost and not consider neighbors.
Councilmember Candell said she thinks it would be helpful if the City Attorney explained what faces the City if they do not settle this now and what they believe the public faces if they do not settle right now.
City Attorney Subramanian explained that if the City Council does not execute the Settlement Agreement, the court will set a trial date in the litigation for January or February of 2027 and so the litigation between the City and the Vesces and the public will occur and everyone will need to start preparing for trial.
Councilmember Candell asked if the City can represent the public in this case. Ms. Subramanian said “no.” The City would only be representing the City’s interest. The public would need to represent its own interest in the litigation.
Councilmember Candell said this is something people do not understand and the public would have to provide their own attorneys to go to trial in January or February to represent the public’s rights because the City does not have any rights to that easement. This is unfortunate and which is why it led to the Settlement Agreement. The City did it in such a way they are trying to help out the public as much as they can in order to help neighbors retain all of their rights moving forward. If things change for the public at any point in the future, she asked to bring in the City immediately as they have a lot of interest in the Dips and maintaining the status quo. If any of this changes, she asked to loop in the Council because they will not know what will happen with anything in the future.
Mayor Anduri said in addressing Ms. Peterson’s question which was if the Council supports the status quo and the Vesces have not responded then why doesn’t the City stay in the matter until they agree to dismiss the public. The City has no power to force the Vesces to dismiss the public and as the City Attorney explained, if the City stays in and go to trial, the public goes to trial as well unless the Vesces move to a default judgment against the public before the trial because the public has not responded.
City Council, Successor Agency, and Creeks Committee Meeting Page 14 of 31 September 14, 2026 City Attorney Subramanian said to clarify, the Vesces have named the City and the public in the litigation.
So, if they go to trial, the City will be representing the City’s interest and the public, if it does not choose to represent itself, she would imagine the Vesces would obtain a default judgment against the public.
Councilmember Cervantes noted the City’s case goes back to the 2000 Planning Commission resolution and access condition which is called the S3 Access Condition, which is not an easement. It was approved by the Planning Commission 26 years ago. Those are the grounds the City has. There is a separate case for the argument that the public has, inasmuch as over decades the public has been using this walkway as a route for public access. This is a separate argument and separate legal case as he understands it.
City Attorney Subramanian confirmed this is correct.
Councilmember Cervantes said if the City goes to trial, the only grounds it can litigate on relate to the Planning Commission access condition from 26 years ago. Ms. Subramanian confirmed.
Councilmember Cervantes said if there is another argument about the decades of public access, the City cannot make that argument because they are not the party in that case. It is the public as he understands it. Ms. Subramanian confirmed.
Councilmember Cervantes said therefore, there are two separate legal fights here—the City’s fight with respect to this S3 access condition and a separate fight conceivably that the public has which one might argue is a better argument. So, he thinks that needs to be clarified.
Mayor Anduri said to take it one step further legally, the public argument that Councilmember Cervantes just referenced, even if the Vesces were to obtain a default judgment against the public tomorrow on the current litigation, the public would still have that argument.
Ms. Subramanian confirmed this is correct because the current litigation is only about the S3 condition, so the issue Councilmember Cervantes brought up was separate from the S3 condition. It is a separate argument the public can bring about their access to the property, and likewise, there might be individuals who have lived in the community for decades who could argue for a prescriptive easement because they have individually walked over the property. So, there are many different interests the public can bring or individual parties could bring and those are separate from the current litigation.
Vice Mayor McCormick said it is very confusing because he is not a lawyer, but they are really talking about the public as the people affected and using the Dips. They are the ones that use it and have a reason to pursue additional action. Ms. Subramanian said it is more akin to the public-at-large and similar to a public access easement, but the City is not representing. It is not the residents of Lafayette the City is representing. Those people impacted could take their own action.
Councilmember Candell asked the speakers to reach out to the Council and said they will be available to talk with them.
ACTION: It was M/S/C (Cervantes/Candell) to authorize the City Manager to execute the Settlement Agreement with Brian J. Vesce and Allyson Vesce. Roll Call Vote: 5-0 (Ayes: Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
14. STAFF REPORTS
City Council, Successor Agency, and Creeks Committee Meeting Page 15 of 31 September 14, 2026 A. Madison Church, Assistant Planner
Resolution 2026-54 Adopting Pre-Approved ADU (PADU) Designs: Consideration of the PADU prototype designs as part of the Lamorinda PADU Program Recommendation: Adopt Resolution 2026-54 approving the Pre-Approved Accessory Dwelling Unit (PADU) prototype designs prepared as part of the Lamorinda PADU Program under Senate District 7 ADU Accelerator Program.
Assistant Planner Madison Church gave the staff report and overview of the pre-approved ADU designs produced in partnership with Moraga and Orinda using funding under Senate District 7 ADU Accelerator Program. On August 17th, staff took the plans to the Planning Commission (PC) and Design Review Commission (DRC) for feedback on the draft designs. Lamorinda consolidated all feedback received and incorporated the appropriate revisions into the plans.
Following adoption of the resolution, the complete permit-ready construction documents will be prepared for the Building Department and Fire District review. The target release date is March 2027 and once completed, the plans will be available for download on the City’s website free of charge.
She described the four floor plan options, square footages and bedrooms layouts, living area, colors and materials, and style options, the program’s exemption from environmental review, and staff’s recommendation to adopt Resolution 2026-54 approving the Pre-Approved Accessory Dwelling Unit (PADU) prototype designs. She noted a minor error in the resolution regarding duplication numbering and this will be corrected after the meeting.
Vice Mayor McCormick asked if Moraga and Orinda Councils have weighed in yet, and Ms. Church stated Moraga adopted the designs last week and tomorrow night will be presented to Orinda City Council.
Vice Mayor McCormick asked how much is someone expected to save by using the pre-approved plans versus contracting and doing the work on their own. Ms. Church was unsure but the plans would save design costs and permitting costs. He also commented on the low survey responses, but recognized the plans provide a nice option for the community.
Mayor Anduri asked if Moraga made any changes, and Ms. Church confirmed they made no changes.
Councilmember Cervantes said manufactured ADUs has become popular. He asked if this would lend itself and is possible to that approach. Ms. Church said she does not believe so. These are meant to be preapproved plans that can be constructed on site and not constructed off-site and relocated.
Councilmember Cervantes said there was an extensive conversation by the PC about this and they raised many things he never would have thought about like HVAC units and their location, flipping plans, etc. He asked if those have been factored into what the council is looking at here now. Ms. Church said most of the comments and recommendations were factored in, but not all. Staff took everything to the consultant and they discussed different options and possibilities and not everything was doable because of costs and code. But, they did what they could with the feedback received. The staff report details a summary of all revisions that were made and meeting minutes are also available.
City Council, Successor Agency, and Creeks Committee Meeting Page 16 of 31 September 14, 2026 Councilmember Candell referred to the Craftsmen plan and as she is doing changes to her house in her high fire zone with the new fire codes, it has wood on the posts and the fence. She asked if staff was requiring those to be fire-rated wood because it would be better for insurance purposes and looking forward. Ms. Church said this would be something that likely will come up during the Fire District’s review, but also material is something the homeowner chooses themselves.
Councilmember Wotherspoon said for the renderings of the plans, she noticed they have a lot of shrubs depicted as up against the buildings and she thinks it is not best practice given the current times. She knows some areas are not subject to Zone Zero regulations, but to put forward an optimal planting scheme would be important for these plans and drawings the public will see. She thinks it would be good to give them an example of what Fire Safe landscaping is, which is basically not putting plants within 5 feet of a building. She was not sure if this change would be easy to make with the drawings, but she would think this is very important to do.
Ms. Church reiterated the plans are purely illustrative and part of the rendering to make it look nice, but she understands the comment and she can bring this to the other Lamorinda jurisdictions and see if it is something that can be incorporated.
Councilmember Wotherspoon said she noticed in the prior version there were some of the junipers or Roman candles or firesticks. They are in the old one and they took them out of the new one, so it made her think that maybe it got addressed. However, she feels it is an opportunity to do education about Fire Safe landscaping.
Regarding what Councilmember Cervantes started to ask about some of the details and the items the PC raised, she asked for the staff’s analysis and response to be on the record. One was whether the public will have access to a mirrored or flipped version. Ms. Church said yes, they will have access. Depending on how much money is left in the budget, they will obviously opt for the complete plan set to be mirrored, but they have the ability to also choose the mirrored floor plan as a lower cost option for all of the plans.
Councilmember Wotherspoon referred to roof pitch flexibility was raised as desirable, but the plans are identical from the first version to this current one. She asked if that was not possible. Ms. Church said this was discussed but again, was not chosen to be implemented and required additional engineering which they could not fit within the cost.
Councilmember Wotherspoon referred to the HVAC, heat pumps, water heaters and discussion about using the water heater space, a tankless water heater, etc. She asked what was the determination about the feasibility of those. Ms. Church said they spoke with the consultant who told them that a tankless water heater is not an option for these plans as heat pump water heaters are a requirement for the 2025 Energy Code. Therefore, the water heater was kept in its current location. For HVAC, the worry was equipment on the roof which would be handled with the use of mini-split systems for heating and cooling.
Councilmember Wotherspoon asked what triggers the loss of streamlined status for residents. Ms.
Church explained that in the plan set it will be entirely clear what is an option and what is not. If they are changing something that is not included within the plans as an option or customizable choice, then that would no longer make the plans pre-approved and streamlined.
City Council, Successor Agency, and Creeks Committee Meeting Page 17 of 31 September 14, 2026 Vice Mayor McCormick referred to review by the Fire District and asked if it will go before Con Fire and MOFD. Ms. Church said yes. He commented that ideally it would be more than just compliance. If there are best practices they suggest, he believes the Council would like to see that incorporated. The plans may not change at all, but in talking about exterior materials and landscaping, etc., he would want to see maximum efforts. Ms. Church said staff can definitely take this feedback to Con Fire to be incorporated into the plans.
Mayor Anduri opened the public comment period, and there were no speakers.
Councilmember Cervantes said he appreciates all of the work that has gone into this. It is great to get Moraga and Orinda coordinated with this program and thinks this will make it easier for homeowners to accomplish building ADUs and save money. The fire safety comments resonates for the Council and thanked staff.
ACTION: It was M/S/C (McCormick/Wotherspoon) to adopt Resolution 2026-54 approving the PreApproved Accessory Dwelling Unit (PADU) prototype designs prepared as part of the Lamorinda PADU Program under Senate District 7 ADU Accelerator Program. Roll Call Vote: 5-0 (Ayes: Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
B. Jenny Rosen, Staff Liaison to Public Art Committee
1. Consideration of Robert Minervini’s Mural Design for the Lafayette Downtown Mural Program
Recommendation: Approve the mural design by Robert Minervini for the Lafayette Downtown Mural Program at 286 Lafayette Circle.
Staff Liaison to the Public Art Committee Jenny Rosen gave the staff report, PowerPoint presentation, and background of the Council’s consideration of Robert Minervini’s mural design for the Lafayette Downtown Mural Program. She described the process of the Public Art Committee discussion, interpretation of the artwork, criteria for assessment, and the public comment and record so the Council can make the policy decision.
She introduced Trent Thompson from the ABG Art Group, who is part of their mural consultant team.
Trent Thompson provided an overview of their work with cities’ mural programs throughout the Bay Area, described his work when putting together mural designs, emphasizing the 10 elements that go into their review process, acknowledged the new comment regarding the area and whether it is an area for an Ohlone tribute, and he said the goal is that this program would have 4 different themes; a botanical mural, a landscape mural, a landscape historical, and some abstract sort of mural.
The Ohlone mural is something they are proud to be working on and have a group that are working on one for whatever wall they can find for it. Ultimately, they do not get to tell the building owner their wall is the native wall but this is something they are excited to do and recognized the validity of that comment.
Moving this program forward is the best thing they can do to get the next wall moving.
City Council, Successor Agency, and Creeks Committee Meeting Page 18 of 31 September 14, 2026 He spoke about the different ways of developing a program which cities will approach in different ways where Lafayette can be proud of a collection of artworks from renown artists. This is an artist they are lucky to be part of the program and with this artist, there will be less ebb and flow. They take all feedback about the nature of the design, who the artist is, whether the artist is willing to modify their design at all, and he noted that having General Lafayette in the mural was included in public comments, so the artist responded in this way to make a variety of adjustments.
He also mentioned that the artist is coming in from New York and there is a cost implication to rejecting this mural. He would request that for the success of the program that the Council approve the mural contingent on the new comments being acknowledged by the artist and some slight modifications being changed to the central figure of Lafayette, contingent upon approval from the building owner and tenant in order to stay with the adjusted timeline.
Ms. Rosen noted they have three Public Art Committee members and they are available to answer questions from the Council.
Councilmember Wotherspoon asked and Mr. Thompson repeated his comments about the artist’s willingness to make the modifications to be able to continue on the current timeline. This was a historical landscape mural and he believes the design achieves a Lafayette landscape.
Vice Mayor McCormick said the round Lafayette, California medallion on the right is not there currently, and he asked if that is part of the mural. Ms. Rosen said yes, it will have a shadowing so it will look like a 3D object on a flat 2D surface which plays with the mural itself so it is a frame within a frame within a frame and adds layers of depth to the mural.
Councilmember Cervantes asked if the birdhouse came up from public comments because it struck him as odd. Ms. Rosen said it came from Public Art Committee’s Mural Ad-Hoc Committee that was asked specific questions by the artist as prompts for designing the work. One of the questions asked was what not to include and what to include. One member mentioned a birdhouse as an Easter egg in the mural, given birdhouses in Lafayette, and this is what came out of that comment.
Mayor Anduri noted there are four approved themes for murals but he did not believe they ever said there would be one mural for each theme. As information, staff mentioned they did this on a particular timeline. Part of that is it is not that easy to procure really good walls in Lafayette and they were very fortunate that Dr. Herbert Monroe agreed to let the City use his wall for this. Dr. Monroe splits his time between California and Maui and is returning to Maui on October 5th, so they were hoping the mural could be done before he departs. So, another option is to be aim for next spring. He wanted to express appreciation to Dr. Monroe for making his wall available.
Vice Mayor McCormick referred to dates and said he saw the start date indicated September 21st, and Ms. Rosen said originally they were intending to start closer to mid-September if the mural was approved; however, the Art & Wine Festival asked them to wait until the 21st.
Mayor Anduri opened the public comment period.
City Council, Successor Agency, and Creeks Committee Meeting Page 19 of 31 September 14, 2026 JEFF PEACOCK, said he is speaking on behalf of Janice Peacock who is not present and read a statement from her, stating she has lived in Lafayette for over 30 years and she served on the Public Art Committee for the past 11 years. As a community member and not as a member of the Public Art Committee, she wants to share her concerns as the sole dissenting vote on this matter. She is concerned about the decision to feature a large rendering of General Lafayette as the mural’s central figure. General Lafayette is the namesake of the City but that is the extent of his connection to this place. Lionizing him in this mural sends a troubling message that the person the City chose to literally and figuratively put on a pedestal is a wealthy, white male military figure. She would prefer focusing on the contributions of people who are an important part of Lafayette’s history and have made it what it is today, such as the pioneers, teachers, scientists, and many others who have contributed.
During the French Revolution, Lafayette fled France for fear for his life because he was a Constitutional Monarchist. Given today’s political environment and the massive No King protests, including the ones downtown in Lafayette, promoting someone who believed monarchy was a good choice for his country is a bit tone deaf, to say the least. She is puzzled by the choice of that specific bronze statue. It is not the City’s unique statue of the General but a version of Lafayette that stands in New York City. She also believes that many people will be unclear about why this statue is placed in front of a beautiful landscape.
While the artist’s description of the mural may address this, she thinks many citizens will be confused at best and upset at worst. She thinks this mural needs revision or perhaps a complete redesign so this community ends up with a mural residents will feel positive about—one that reflects Lafayette’s history and values and will be loved for generations to come. Of course, they will never please everyone but they can get much closer to a great mural with some extra effort. It is better to take the extra time and care than to rush and end up with public art that they regret.
Mr. Peacock said Janice put a lot of thought into the elements of this painting and was troubled by a number of things. He took a much more surface view of it frankly. He is someone who looks at a picture and says, what is going on here? They have a kind of faded, dim background of the mountains which is not a view of Mt. Diablo but it is probably Mt. Diablo in someone’s view. They have a wall of flowers, some of which are natives and some of which are not. They block us off from the real world in the background, so they have a dim background of the real world, an artificial wall of barrier in front of it that blocks us off from the real world so that they can focus on this glistening golden statue in the middle symbolizing wealth and gold and power, and he asked if this is Lafayette and he said this makes him mad, frankly. This does not represent the City’s values at all and certainly not the way he would like to think of Lafayette being insular and xenophobic and focused on a glittering statue with a barrier blocking out the rest of the world.
SUSAN DANNENFELSER said she is an artist and has lived in Lafayette for 55 years and worked here for 55 years as an artist. She is a founding member of both Public Art Committees—the current committee as well as on the original Public Art Committee that accepted the generous gift of the Marquis de Lafayette bronze. She cares very much about what happens with the City’s public art.
Most importantly, she stressed that in the very beginning, she thinks that a piece by this very accomplished and talented artist, Robert Minervini, would be a valued addition to the City’s public art collection. Her problem with it though is two-fold—it is the timing and the placement.
City Council, Successor Agency, and Creeks Committee Meeting Page 20 of 31 September 14, 2026 Several years ago, she thinks that it would have served as a departure point for thoughtful discussions of man’s relationship to nature and dominance over the rest of nature and their need to nurture and protect our beautiful environment. Questions might have arisen such as, why is the landscape framed? Is that to preserve it? Is it possibly because it is going to become a representation of someone who may be getting lost? Is it a future memory? And, why the central placement of a military figure, albeit the namesake, but the central focal point obscuring the beauty behind him and not facing toward him as though he is truly gazing into the interior. Is he intentionally isolated by the artist? The Garden of Eden surely does provide an idealized beautiful dreamlike vision of paradise and a spectacular flora and fauna that inhabit it, a very pleasant vision. But, unfortunately now war is once again dominating our lives with an elective war that were promised would not happen and with no end in sight. and much worse, righteous fear for speaking out, tangible threats of retaliation and censorship. People are afraid to say how they really feel, even here. I protest on Tuesdays and she knows how people feel.
Meanwhile, environmental protections have been thrown out as too costly in dollars for the corporations, but she asked what about the benefits and value of a beautiful landscape as depicted here, let alone clean air and water to drink. Both no longer are guaranteed as a right. Just today, the EPA rolled back the limits on coal and oil pollution. Other unspeakable actions are occurring like the selling off of part of our beloved Yosemite and a national park tax on bears here. This is unheard of. The timing of the current backlash to the military’s aggressive action truly ends in dollars of cost and the suffering of environmental resources growing daily. She is afraid the artist’s intent, whatever it may be, may be misconstrued simply by the composition’s central placement of the military figure.
The chosen site is near a location in the City where we have chosen to honor the native ancestors who perished because of European military conflicts. Having a central element in the mural the focal point be a military figure, even in this case of our outstanding citizen and French namesake, seems insensitive and poorly cited. She admires this artist’s bodies of work and its play between nature and human interaction.
In this case, however, she thinks the timing and placement make it easy to misconstrue the artist’s intent.
That is something the Council and the artist should consider. If the inclusion of Lafayette is important to the artist, he might be willing to consider as reference the great samples of Lafayette as statesman, and she suggested taking off the uniform and let him be a statesman. This would make his prominent presence less jarring and more palatable. She thinks it is important given they are in this unparallel and very unsettling time in our country and in the world. But again, she still thinks we should have his art in the City’s collection given his talent.
Councilmember Candell said she is an engineer and not an artist. She appreciates all of the people here that really know art way more than she does; however, what she does like about art is when you get a piece where people are talking about it. This has generated a lot, and she really wants to take the opportunity to let people know that the Marquis de Lafayette is a hero in both worlds since he was the person behind the French Revolution. He learned from America how we did our revolution and went back and led the French Revolution into democracy out of the monarchy. So, this is a history lesson we can also capitalize on in saying the general believed so much in democracy that he did it on both continents.
She said she had to miss the Public Art Committee meeting and she looked at it and thought it was pretty.
She knows there are many details in the mural that people will argue about but she is a fan and she likes General Lafayette right now and he is actually the right message that we may need politically at this moment because he is the person who believes in democracy and created democracy on two continents for them. She knows it is a military uniform but she likes it.
City Council, Successor Agency, and Creeks Committee Meeting Page 21 of 31 September 14, 2026 Councilmember Wotherspoon said she spoke with three PAC members this weekend and Ms. Rosen. She looked at the artist’s portfolio on line and she likes his work very much. She understands and appreciates the concerns that some members of the public have regarding the General as a military figure, as a member of colonial powers. Her concern relates more to one of the criteria in the LMC which is the relationship to the collection and the community.
So, it is less about General Lafayette, what he is wearing, etc. than about redundancy. The City already has a prominent statue of this person. His name is very much a part embedded in the City’s civic identity, so she looked at it as our funding for public art is limited, our wall space is a constraint, and each mural is an opportunity to broaden the stories that the City’s public art collection tells and recognize perhaps another person, place, event or aspect of Lafayette’s history that is not already represented as prominently as their statue. So, she thinks the City could do better.
The comments she saw in the PAC report that Jenny Bickerstaff was raised for a local person who contributed tremendously to the community, its great schools, and green hills for development of the public school system and even the Reservoir Tower was an iconic figure that the City does not have any more but which has significance to Lafayette and its identity. So, she just raises these points and it is where she landed with this.
Vice Mayor McCormick said he looks at this and just loves it. He does not know why, but it really spoke to him for whatever reason. He is not an artist but likes the bronze statue next to the wildlife and that spoke to some sort of dichotomy. He is much more bothered by the birdhouse himself but he thinks the problem is you cannot do art by committee. It feels like it has been almost too accommodating that instead of having a vision for what this is, some members of the public or the PAC would say something and the artist would try to incorporate it. At some point, he thinks he must be true to a vision.
He is also with Councilmember Candell, thinks Lafayette represents the best of them. It does not diminish what they are doing with the Ohlone. To him, it is not an either/or. They have the wrap there, the sign with the better name for Mt. Diablo, and other opportunities to honor the Ohlone people, so it isn’t that they cannot honor the Ohlone because they have Lafayette. He thinks every historical figure must have pros and cons. Lafayette is their namesake. They say it all the time and have a statue which is a bit hidden.
Would he like him a little smaller and off to the side? Yes, and for whatever reason he likes the dichotomy of the nature and the manufactured right there and the tie in with Lafayette was clever. He was a little concerned also with nickel and diming with the committee.
Councilmember Cervantes said he is not an engineer like Councilmember Candell but is much more comfortable with bond documents. He does appreciate the effort that has gone into this and echoed the Vice Mayor. Doing art by committee is that you get a Parks and Recreation episode in the end where, respects the integrity of an artist’s vision.
City Council, Successor Agency, and Creeks Committee Meeting Page 22 of 31 September 14, 2026 He is on team Lafayette in that he was a figure in the Revolutionary War, a key figure in the Battle of Yorktown, he worked for more democracy in France before the revolution when they tried to chop his head off, and most notably, he returned to America in the 1820’s for the 50th anniversary of the Declaration of Independence, making a gigantic tour of the eastern seaboard covering 6,000 miles back in the day when he was basically on a horse at an older age. This is why so many communities, counties, cities in the United States are named “Lafayette.” Lafayette evoked a memory that was already fading of the revolution and what independence meant for this country. So, Lafayette is a hero of his and, but for Lafayette, the City might have been called “Dogtown” which was an alternative name. So, he loves the figure of Lafayette.
Regarding the art piece, it kind of jarred him to be honest because as much as he loves the figure of Lafayette, it seemed out of context for him. He could not quite get that. He thought maybe if he was at Yorktown, maybe doing one of his speeches in America, that would provide context. Here, he just stands out in this scene of Eden which jarred him. As much as he respects the figure of Lafayette, for this piece of art, it is too much almost. He would stick with a vision of Eden before the Spanish showed up and what that landscape would look like. So, he is mixed on this.
He knows a lot of effort has gone into this and respects the process whereby they have a PAC who took a lot of input. He is very leery being that person who comes in at the tail end and says they should do “x, y and z.” Also, one observation is that he would remove the birdhouse. So, he is mixed and to the extent to Councilmember Candell’s comment—if it evokes a public discussion about what this art means, then maybe it has served its purpose and creates a debate. In the end, having a debate about art is a good thing. So, maybe that is the greater good here as opposed to him trying to figure out what this figure means and the context of this landscape—maybe that’s the point and what the artist is trying to get to.
Mayor Anduri said art designed by committee is terrible and art designed by Council is the worst. He will say that this basically is what the artist came in with. Lafayette was in the center, Lafayette was that size, the background is unchanged. There were small changes made to the foreground, so it is not as if the artwork was designed by committee. It is the way it came to the PAC. This is difficult because his household is split on this particular piece.
When he first saw it, he was not so sure but the more he looks at it, the more he likes it because he thinks the more you look at it and think about it, the more it makes you wonder. From the very basics and questioning who is that, what is he doing there, it leads to the question on how did this small village in the foothills of the Bay Area get to be known after Lafayette, this person memorialized in the statue. The statue stands in New York. It was created by a French artist, the same artist who created the Statue of Liberty. Then you look at it and different layers appear. You have this incredible nature environment, then this totally artificial element which is not off to the side or hidden but front and center, and you wonder what he is saying about the relationship of the constructed world to the artificial world.
Then you think about the naturalness of the environment and what this was long ago. So, there are many questions, but you just wonder how the world of Lafayette got to be something that attached its name to our city. Actually, showing the full medallion on the right with Lafayette, California just fits in to him. It would not be the same without having that medallion and it would not be the same if the figure were not Lafayette in the middle with the medallion.
City Council, Successor Agency, and Creeks Committee Meeting Page 23 of 31 September 14, 2026 What troubles him is the depth of feeling of people who do not like this. They are not going to have artwork that everyone agrees with. They have one mural that they have heard disagreements about it for a while, but that was based on color and design and it was not an ideological political kind of background and that is what troubles him. If people see something that maybe in their mind is not what Lafayette city should be about. So, that is what holds him back.
Councilmember Candell suggested an historical QR code underneath it with the history of Lafayette.
Mayor Anduri said they definitely will have a QR that explains it. He asked if Councilmember Wotherspoon was a “no” vote because if they are a split Council, that worries him too.
Councilmember Wotherspoon said she sees it as an opportunity cost that we are paying and that we have other stories to tell and that we have the statue which is prominent. It may not be a mural on a wall, but he is not the only notable figure in town in her view.
Councilmember Candell said if they did not have a split Council, it would be different than all of the other PAC meetings too. This one has been controversial and it was not unanimous there either.
Vice Mayor McCormick said he would vote “yes” for it. He likes it; however, it is odd to him that they have a time pressure on this. This is feeling like they are being forced into it which bothers him. He does not believe if they do not make a decision now they will lose their window with flights and travel, and that is not what this is all about. So, this would be a consideration as to whether or not they are rushing into it due to external factors.
Mayor Anduri said that has nothing to do with the artist. The artist did not ask for that. There was no comment leading up to the PAC. There had not been public comment or anyone coming in with an objection so it was not anticipated at the point of the PAC that there would be an issue with this. So, they were trying to move it ahead so the wall owner could see it. If there had been public comment when the design was first posted on the City’s website, this would be a different story, but there was not. Public comment has come in at this stage. Not to minimize public comment, but that is why they are on this schedule.
Recognizing that, he asked what would be the implications of waiting until spring to paint it because if they miss the window now, they will not be able to do this during winter, particularly given El Nino weather.
Trent Thompson said it is hard to say, given travel, accommodations, as a project like this there would be 3 or 4 people working on it. So, assistants have made their schedule available, flights have been booked and things like that the Council would be looking at about +$4,000. It is tough to say and possibly the flights are refundable. They could look into options.
Councilmember Cervantes said he is torn on this. He wants to respect an artist’s vision and not let his late perspective on things change that. In the context of this one meeting alone, it has created debate. Again, if art creates debate or an argument, art has won and not everyone is going to agree. So, he does not want to diminish the opposition of this piece, but he does not think he could construct anything that would be better unless maybe take the general out of the picture.
City Council, Successor Agency, and Creeks Committee Meeting Page 24 of 31 September 14, 2026 To him, if they do it in this design and this is something the property owner signed off on and this is what the artist’s vision was, he would say put it up and life goes on. It will force discussion which is probably good.
Mayor Anduri said the one option that is not on the table is the Council designing it tonight. They could say “yes”, “no” or return with another design if the artist is willing to do that. The other thing that Ms.
Rosen alluded to as well was one of the artists brought to the City is an Ohlone artist who is a resident in the East Bay. The type of work she does was not the type of subject matter that this property owner was looking for. But, she would be ideal for the BMO Bank Building which has niches for artwork.
If the City had work by her on that side of the open space, also known as the parking lot, and this and then the utility box on the corner, to him that is just an amazing room raising questions through art about the relationship of indigenous people, why are they Lafayette, and he thinks it would be a fantastic art space.
He cannot guarantee they will have that, but if they can pull that off, it would be great. He knows one of the public commenters was concerned that featuring General Lafayette represents the exact sort of erasure of local indigenous culture and people in the City have made strides over this. He disagrees with that, and he does not see a problem putting this piece of art in this location. In fact, he thinks it can raise questions about the relationship. And it would be ideal if the City had the artwork from the Ohlone artist on the other wall.
There have been comments passed along from the Public Art Committee that the artist is going to take into consideration when he is on site painting, but it will not affect any major placement of objects.
Alternatively, they could postpone it until the spring and have him return with a proposal that would be considered by the PAC and eventually come back to the Council.
Councilmember Wotherspoon said for requesting consideration of some kind of design change, she asked if Mayor Anduri is saying that would be in the spring. Mayor Anduri said yes, and they probably could not do it sooner than that.
Trent Thompson said he thinks the question is more about whether the Council feels comfortable doing it from a policy standpoint and less about whether the artist can pull it off. He can make the change prior to painting it and the building owner could review that this week.
Ms. Rosen said she thinks they are talking about a revision in a completely different concept. If it goes to the spring, she asked if they were talking about just tweaking this one or about a new concept. Mayor Anduri said he is talking about tweaking this one.
Mr. Thompson said he thinks if it is something simple like can they de-center him and push him back in the frame and put a bush in front, that is something that could happen at this current time.
Mayor Anduri said de-centering him takes away why he is there and then the question will be why he is hiding behind the manzanita bush.
Councilmembers questioned whether someone was ready for a motion and Vice Mayor McCormick suggested a straw poll, which revealed:
City Council, Successor Agency, and Creeks Committee Meeting Page 25 of 31 September 14, 2026 Councilmember Cervantes does not want to upend the long work of one of their commissions where so much input and thought has been provided. Debate makes it grapple with the art and does not want to push this to the spring, so while he is mixed on it, he would approve it as proposed and maybe drop the birdhouse.
Vice Mayor McCormick said he thinks the fact that the building owner likes it is important which is not easy. It has also been through 9 stages already and he could approve it.
Councilmember Candell said she likes it and thinks it will draw people to it which is what she mostly likes about it. People will want to walk over and see what it is.
Councilmember Wotherspoon said she maintains her position that she sees it as repetitive and that they need to make space for other stories. She would entertain a request to change the prominence. She does not like the idea of meddling in the art, but to make it less of a repeat of a statue that is probably onequarter of a mile away. She is fine with the birdhouse too. It is more about the repetition and the LMC and relationship to the collection. The City already has him in fine form in another spot.
Mayor Anduri asked if General Lafayette could be moved to the left, but said he thinks they are ready for a motion and commented that there will be other murals. He confirmed with Ms. Rosen that the oak did not need to be a certain species—it just needs to look like an oak.
ACTION: It was M/S/C (Candell/McCormick) to approve the mural design by Robert Minervini for the Lafayette Downtown Mural Program at 286 Lafayette Circle as is. Roll Call Vote:4-1 (Ayes: Anduri, McCormick, Candell, and Cervantes; Noes: Wotherspoon)
BREAK
Mayor Anduri called for a recess at 9:30 p.m. and, thereafter, reconvened the regular meeting.
2. Lafayette Point - 3525 Mt. Diablo Blvd., Public Art Requirement Recommendation: Approve of the public art proposal by Scott Haycock for Lafayette Point, 3525 Mt. Diablo Blvd.
Staff Liaison to the Public Art Committee Jenny Rosen gave the staff report, PowerPoint presentation and overview of the consideration of the Council to approve the public art proposal by Scott Haycock for the southwest corner of Mt. Diablo Boulevard and Moraga Road which was the old World Savings and then Wells Fargo Bank. Then, Jennifer Perlmutter had an installation of children’s art which was fish made from paper hanging up in the atrium which she thought was wonderful.
She is here with Jack O’Melveny, Project Manager, and he met with Janice Peacock and Carly Sitko, members of the PAC, to look at the space and look at artists and his team came up with their own artist, Scott Haycock, who has experience in mobile installations over 30 years. This is the design he came up with which is over 100 pieces of acrylic in organic shapes and soft colors. They are frosted so they will not show as much dust, will move gently with the wind similar to the fish, and she then read the public art requirements.
This project also exceeds the minimum 1% established by the public art requirement and received unanimous approval by the PAC so they have recommended approval to the Council. She and Mr.
O’Melveny were available to answer questions.
City Council, Successor Agency, and Creeks Committee Meeting Page 26 of 31 September 14, 2026 Vice Mayor McCormick said he was thinking about earthquake safety because the piece is open underneath and visible when inside the restaurant looking up. He just did not want them to drop in an earthquake.
Ms. Rosen said in the packet she included several samples of his work and has done this for a long time.
Also, the artist was discussing possible netting underneath in order to keep birds from flying up, so that would also protect should anything fall.
Mayor Anduri opened the public comment period, and there were no speakers.
Councilmember Cervantes commented he is thrilled something is happening in that corner and he really loves this piece, noting it is like an inverted aquarium and you can look up and see the shapes moving. He loves the fish from before and these are shapes, colorful with movement which is eye-catching and a nice use and he saluted Ms. Rosen and the PAC, as well as Mr. O’Melveny who found the artist.
Councilmember Candell said she and her husband who viewed it are supportive.
Councilmember Wotherspoon said she thinks it is delightful, will lift up that corner and make it more dynamic. She looks forward to seeing a thriving business in there as well.
Mayor Anduri agreed this is very lively and a key corner will be lit up. It is great and when approaching Lafayette from the west and coming by and seeing the Brandt sculpture, the walkway, the murals, and then coming to the corner here with the lights.
ACTION: It was M/S/C (McCormick/Candell) to approve of the public art proposal by Scott Haycock for Lafayette Point, 3525 Mt. Diablo Blvd. Roll Call Vote: 5-0 (Ayes: Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
15. PUBLIC HEARINGS
A. Patrick Golier, Transportation Program Manager
Introduce Ordinance 704 Amending Sections 8-8161 and 8-8165 of Title 8, Chapter 8-8, Article 15 of the Lafayette Municipal Code Relating to Parking Meter Zones and Parking Fees Recommendation: Introduce Ordinance 704, waive the first reading, take public testimony, and continue to September 28, 2026 for second reading and adoption.
Transportation Program Manager Patrick Golier gave the staff report and overview of the request for the Council to introduce Ordinance 704 which makes several amendments to the City’s parking meter zones and parking rates as part of the implementation of the Downtown Parking Management Study.
Ordinance 704 is the follow-up to Council direction to transition the Gazebo Lot and the City-owned parking lot adjacent to Ace Hardware and longer duration paid parking for employees. It makes the LMC amendments necessary to implement those changes while also extending the longer duration parking concept to several existing metered locations elsewhere downtown. The locations that would be subject to longer term parking with a graduated rate include Dolores Drive, Happy Valley Road, Oak Hill Road, the Gazebo lot, and the City-owned lot adjacent to Ace Hardware.
City Council, Successor Agency, and Creeks Committee Meeting Page 27 of 31 September 14, 2026 One additional change in the ordinance unrelated to the parking study is that Caltrans required that the City remove on-street parking on First Street between the on-ramp to eastbound Hwy 24 and Deer Hill Road. First Street is currently identified in the LMC as a metered parking zone and although the meter heads have been removed, the ordinance formally removes First Street from both the City’s meter zone and parking rate provisions.
Tonight, staff recommends that the Council introduce Ordinance 704, waive the first reading, take public testimony, and continue to September 28, 2026 for second reading and adoption.
Mayor Anduri opened the public hearing and public comment period, and there were no speakers.
He closed the public hearing and asked for any discussion prior to a motion.
Councilmember Cervantes voiced appreciation for the work that has gone into all of this. He stated that it feels like the City is well along on a long trail and he thanked staff to move this along.
Vice Mayor McCormick said employee parking is a main issue and it is being solved. He asked how many parking spaces they are getting on the streets, and Mr. Golier replied the Gazebo lot would be new parking supply available to the public. The street parking on Dolores, Happy Valley and Oakhill is currently $5 for all day parking, although it is just not marketed as such. Now, they will have the graduated rate to be consistent with Gazebo and Ace and then he will reach out to the Chamber of Commerce to promote that, as well as the BART lot.
ACTION: It was M/S/C (Wotherspoon/Candell) to introduce Ordinance 704, waive the first reading, take public testimony, and continue to September 28, 2026 for second reading and adoption. Roll Call Vote:
5-0) (Ayes: Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
16. COUNCIL/COMMISSION REPORTS
Councilmembers report on activities and consideration of matters a Councilmember wishes to initiate for placement on a future agenda.
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Councilmember Cervantes stated he had a conversation with representatives from EBMUD on another art installation or memorial relating to the Lafayette Tower. Certain components of the tower have been preserved such as a cross section of the tower, and a door and windows from the cupola at the top. They had an open discussion with the General Manager and some other EBMUD staff about what to do with that.
They have a follow-up inviting in representatives from the PACT and the Historical Society to meet this Friday to talk through what they might do. There is a limited budget from EBMUD which could be used to facilitate this.
Vice Mayor McCormick said what they are talking about is that the tower came down in sections which are intact and they may put that perhaps near the boathouse as a bench with signage and some other things honoring the old tower. It is a nice gesture and it is in their budget which is a nice recreation piece and should be interesting. They are open to a plaque or panel and this is why they are bringing the Historical Society along. It is a nice gesture so they are embracing it.
Vice Mayor McCormick disclosed that MCE’s CEO search is moving along. There was an article where the former CEO is suing MCE for $8 million for wrongful termination and MCE continues to be a challenge but still a good organization and they are making progress into making it better.
City Council, Successor Agency, and Creeks Committee Meeting Page 28 of 31 September 14, 2026 Mayor Anduri reported a memorial mass and celebration of life for Ashley Diaz last week and Councilmembers Wotherspoon, Cervantes and he attended and it was a very nice ceremony.
A. Councilmember Cervantes and Vice Mayor McCormick
Resolution 2026-52 Appointing one member to the Emergency Preparedness Commission Recommendation: Adopt Resolution 2026-52.
Councilmember Cervantes stated there are a pair of openings. They had an interview with the one candidate who submitted thus far—Jeff Lagner, who brings a lot. He has regularly attended meetings even though he is not a member. He is working on a Firewise group up in the Acalanes Ridge area and has been working with neighbors in Walnut Creek for an alliance to protect the ridge, which is important. He thought he was terrific and he is strongly recommended for appointment.
Mayor Anduri opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Cervantes/McCormick) to adopt Resolution 2026-52 appointing Jeff Langner to the Emergency Preparedness Commission. Roll Call Vote: 5-0 (Ayes: Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
B. Councilmembers Wotherspoon and Cervantes
1. Resolution 2026-53 Appointing one member to the Capital Projects Assessment Committee Recommendation: Adopt Resolution 2026-53.
Councilmember Wotherspoon said she and Councilmember Cervantes interviewed Lee Thompson who is the existing CPAC member who is being renewed. He has a wealth of knowledge and a long history of working as a City Engineer and consultant in the County. The City is lucky to have him continue on CPAC.
Councilmember Cervantes noted Mr. Thompson remarkable history and the City is fortunate to have him.
Mayor Anduri opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Wotherspoon/Cervantes) to adopt Resolution 2026-53 appointing Lee Thompson to the Capital Projects Assessment Committee. Roll Call Vote: 5-0 (Ayes: Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
2. Resolution 2026-55 Appointing members to the Youth Commission Recommendation: Adopt Resolution 2026-55.
Councilmember Wotherspoon said she and Councilmember Cervantes had the pleasure of interviewing three teen candidates who are all very impressive young people. They have two open positions and hopes their third candidate will join the LYC as an associate member this year, and she made a motion.
Mayor Anduri opened the public comment period, and there were no speakers.
ACTION: It was M/S/C Wotherspoon/Cervantes) to adopt Resolution 2026-55 appointing Noah Carter and Olivia Kemp to the Youth Commission. Roll Call Vote: 5-0 (Ayes: Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
City Council, Successor Agency, and Creeks Committee Meeting Page 29 of 31 September 14, 2026 C. Mayor Carl Anduri
Lafayette Art & Wine Festival – September 19-20
Booth Time Sign-Ups
Recommendation: Coordinate volunteer booth coverage.
Mayor Anduri said he will take 10 a.m. to 12:30 p.m. on both Saturday and Sunday. Vice Mayor McCormick said he can attend the first and third shifts on Saturday. Councilmember Candell said she can attend Sunday morning and also typically helps with cleanup. If needed, she can also attend the shift before as well.
Councilmember Wotherspoon said she can attend 12:30 to 3:00 p.m. both days. Councilmember Cervantes said he is available Saturday only, and confirmed he could attend for the 3:00 to 5:30 p.m. slot.
Mayor Anduri asked and confirmed the City Clerk will send out a reminder to commitments and Suzanne Iarla is working to have a staff person all day Saturday and Sunday and they are also working on setup and take-down.
Mayor Anduri confirmed volunteer booth coverage for the Art & Wine Festival on September 19-20.
17. WRITTEN COMMUNICATIONS
A. E-mail from Lizzy Miller, requesting a proclamation recognizing September as Ovarian Cancer Awareness Month
Recommendation: Discuss and direct.
Mayor Anduri opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Candell/Wotherspoon) to approve a proclamation recognizing September as Ovarian Cancer Awareness Month in Lafayette. Roll Call Vote: 5-0 (Ayes: Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
B. E-mail from Saahil Mishra, requesting a proclamation recognizing September as Childhood Cancer Awareness Month
Recommendation: Discuss and direct.
Mayor Anduri opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Cervantes/Candell) to approve a proclamation recognizing September as Childhood Cancer Awareness Month. Roll Call Vote: 5-0 (Ayes: Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
C. E-mail from Grace Dixon resigning from the Parks, Trails and Recreation Commission Recommendation: Accept Grace Dixon’s resignation from the Parks, Trails and Recreation Commission, and thank her for 5 years of volunteer service.
Mayor Anduri opened the public comment period, and there were no speakers.
Councilmembers recognized the work of Grace Dixon for the PTR and for the community.
ACTION: It was M/S/C (Candell/McCormick) to accept Grace Dixon’s resignation from the Parks, Trails, and Recreation Commission, and thank her for 5 years of volunteer service. Roll Call Vote: 5-0 (Ayes:
Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
City Council, Successor Agency, and Creeks Committee Meeting Page 30 of 31 September 14, 2026 D. Annual Conference Resolution for Consideration at the League of California Cities 2026 Annual Conference – Resolution of the General Assembly of the League of California Cities Calling for a Working Group to Consider a State Constitutional Amendment or Other Form of Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions Recommendation: Discuss and direct voting delegate.
Mayor Anduri opened the public comment period, and there were no speakers. He said the Council received many written comments.
Mayor Anduri stated the voting delegate is Councilmember Candell and he asked if there were comments.
Councilmember Cervantes said there is a thorough process the League has to get resolutions through. He thinks in looking at this, the two policy values are enhancing local control and also trying to further housing in California because there is a shortfall. So as a balance, he thinks there is attention to that dynamic, and he thinks the discussion would be interesting because in one of the “Be It Resolved” statements, it acknowledges the State’s authority to establish broad statewide housing goal which is RHNA, but then further down it talks about protecting cities from State actions. There is a tension there and he thinks the discussion at the conference could be helpful to pull that apart a bit because he wondered if it is RHNA with no teeth or RHNA with some other mechanism. He would leave it to Councilmember Candell’s best judgement about what is appropriate.
Vice Mayor McCormick said it is time Cal Cities took this up. Whether this votes up or down, he is happy to leave it to Councilmember Candell. This is something Cal Cities should have a position on and he looks forward to getting a report back on how that went.
Councilmember Candell added that she has been on two calls with John Level, Mayor of Murrieta on this topic over the last couple of weeks. He is a very thoughtful and mindful guy and she likes the way he presents this. What is good is that he understands what the initiative can or can’t do and this process of having the League investigate it first is so critical because it will answer questions people have about what this thing is and what this thing is not because that has always been the tension.
Mayor Level had said this initiative goes ten steps down the road but it actually goes to the vote and gets passed. It does not change any State laws. Each city has to go back and make changes if they want any changes to occur. So Mayor Level frames this as “softening the edges” of the State laws for your city. It was like what the City did with SB 9. They tailored SB 9 to be better for Lafayette, and so this is his vision is not to undo all State laws because no city would be able to do that. The discussion was open ended and he wants the League to answer all those questions and they will believe them, so there will be a real conversation about it with experts in the room.
Councilmember Wotherspoon agreed with comments.
Mayor Anduri confirmed they are asking Councilmember Candell to participate and recognizing Lafayette’s needs, what they are trying to accomplish, policy objectives, and what they are doing to build up their credibility in asking for things and then vote accordingly.
Councilmember Candell said in addition, City Manager Srivatsa sits on the Housing Committee and she will be voting on this on Thursday which is a Zoom meeting.
City Council, Successor Agency, and Creeks Committee Meeting Page 31 of 31 September 14, 2026 City Manager Srivatsa said unfortunately she has a CSCDA Board meeting at 10 a.m. and is trying to see if they will have a quorum. If they do not, she will have to participate at CSCDA.
ACTION: It was M/S/C (McCormick/Wotherspoon) to agree that voting delegate Candell should hear the presentation and exercise her best judgment regarding the resolution before the General Assembly of the League of California Cities. Roll Call Vote: 5-0 (Ayes: Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
E. E-mail from Jennifer Ruhl, Co-Chair for the Measure W Campaign, requesting a resolution of support for the Acalanes Union High School District Parcel Tax Measure W on the November 3, 2026 ballot
Recommendation: Discuss support for Resolution 2026-56.
Mayor Anduri opened the public comment period, and there were no speakers.
ACTION: It was M/S/C (Cervantes/Wotherspoon) to adopt Resolution 2026-56 in support of the Acalanes Union High School District Parcel Tax Measure W Roll Call Vote: 5-0 (Ayes: Anduri, McCormick, Candell, Cervantes, and Wotherspoon; Noes: None).
18. ADJOURNMENT – 10:05 p.m., in memory of Judy Garvens, former Councilmember and Mayor for the City of Lafayette.
APPROVED:
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Carl Anduri, Mayor
ATTEST:
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Joanne Robbins, City Clerk