OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Lafayette City Council Meeting – August 5, 2026: Parking Management Changes, Settlement Deferral, and Bond Refunding

City CouncilWednesday, August 5, 2026
BodyLafayette, California
SessionCity Council
DateWednesday, August 5, 2026
StatusFILED
Video Record
0:00 / 3:37:55

Transcript — Verbatim
0:06

Let the record show that all council members are present.

0:10

I have a motion for adoption of the agenda.

0:12

So moved.

0:13

A second.

0:14

All in favor?

0:15

Aye.

0:16

Aye.

0:16

Five zero unanimous.

0:18

Um now on to item five, the closed session.

0:21

Is there any public eye uh public comment on any item, either of the two items that are on our closed session agenda.

0:32

Mayor and Dury, I have no speakers in the Don Katzen community hall.

0:38

And I have one hand raised in our virtual audience, Dan Muller.

0:43

And he will have three minutes to speak.

0:47

Okay, welcome, Mr.

0:49

Mueller.

0:51

There we go.

0:52

Okay, can you hear me?

0:54

Yes, welcome.

0:55

Okay, thank you very much.

0:56

Dear Honorable Mayor and Council members, my name is Dan Muller.

1:00

I'm counsel for the large group of citizens known as Save the Dips.

1:05

Um I'm sorry I'm not here tonight or there tonight.

1:08

Um I'm in out of town and depositions tonight.

1:12

Um I'm piggybacking here on my prior July 13th input and our client representative Colby Powell's emails earlier today to you.

1:23

Uh I've been representing the Save the Dips group, tracking this case case and dialoguing with the Veshis council for four to five years now.

1:32

Um we've been seeking efficient solutions that that entire time.

1:36

And I'm gonna summarize our ask to the council as concisely as possible, and I'm happy to explain anything I fail to cover.

1:44

Now, if the city is going to settle with the Veshis, then we are respectfully asking that you please just change the proposed settlement language to ensure that the Veshis dismiss their entire action, including as to my clients say the dips, not just the city.

2:03

This may sound weird or odd to ask that my clients be dismissed after all the work that the city has done and what my clients have done, but there's a reason, and that is that only in the last several months, or excuse me, several weeks, um, have the Veshis told many of my clients that they are willing to leave the status quo the way it is, and we want the status quo to l to be as it is, but we are a little bit concerned, very actually very concerned, that there's a loophole.

2:35

And the loophole is that if the Veshis only dismiss the city, which is how the settlement agreement is worded currently, which we do not want, we want the case dismissed as to all the parties, including my clients.

2:47

And that will prevent any interesting little twists where my clients get defaulted after the city is dismissed.

2:55

And what we have asked and we've proposed that the city have the settlement agreement include dismissal by the Veshis of the entire action, including as to my clients.

3:04

I have asked the Veshi's attorney if they would do that, and they have been hedging.

3:09

And so with that kind of hedging, we're concerned that some kind of interesting little twist could happen.

3:13

And that's that's the summary.

3:15

If anybody has any questions, I'm happy to answer those questions.

3:20

Okay, thank you.

3:21

Are there questions?

3:22

Councilmember Cervantes.

3:24

I do, thank you, Mr.

3:24

Mueller.

3:25

Jim Cervantis and the city council.

3:27

I didn't quite catch what you said.

3:28

You asked the Vesis attorney if they would do this, and then I didn't hear what you're they were hedging.

3:34

Is that the answer?

3:37

Yes, yes.

3:38

Yeah, I I've asked, I've directly asked the CETO's attorney, excuse me, the the Veshi's attorney, Mr.

3:43

Cito, will you be will you be dismissing the case as to my clients as well as the city?

3:48

And he has said, unless you divulge all the names of your clients, which could be thousands of people at this time, um, I am not going to talk with you any further.

3:56

I'm not authorized to talk to you.

3:58

And so I'm just saying, look, if if that doesn't give me breed you know, confidence, or it doesn't give me confidence in in sort of dealing with this in a way that resolves everything peaceably.

4:07

So that's the concern I have.

4:08

If this thing is dismissed as to everybody, if the case is dismissed as to everybody, including my clients, then everything should go smoothly.

4:19

Um could you clarify exactly what the Vessies have been saying to the residents in the Glen?

4:26

Absolutely.

4:27

My understanding, because I've not been part of these discussions as an attorney, but my understanding is that the Veshis have said, look, and I don't know if they've said this literally or this is the gist of it, but they've said, we're tired of all this.

4:40

We are willing to let the status quo be as it is, with people walking through as they have historically for decades.

4:49

We do not want, however, anything further recorded against our property that might encumber it.

4:55

So we're willing to just leave the status quo B.

4:58

And we, my clients are willing to leave the status quo B.

Discussion Breakdown — Share of Meeting
Pending Litigation███████████████████████████████████████████43%
Community Engagement███████████11%
Parking Management██████████10%
Procedural██████6%
Transportation Safety██████6%
Arts And Culture█████5%
Public Engagement████4%
Mental Health Awareness███3%
Public Safety███3%
Summary of Proceedings

Lafayette City Council Meeting – August 5, 2026

Note: The agenda and transcript indicate the meeting occurred on August 10, 2026, but the provided metadata specifies August 5, 2026. This summary uses the provided date as instructed.

The Lafayette City Council met to discuss parking management changes at city-owned lots, a settlement agreement regarding the Happy Valley Road access easement litigation, the refinancing of successor agency bonds, appointments to commissions, and positions on state legislation. The meeting also featured presentations from the Lamorinda Arts Alliance and a Girl Scout troop on domestic violence awareness.

Presentations

  • Lamorinda Arts Alliance (LAA): President Lori Larks and board members Donna Arganbright, Sharon Tama, Mark Coffey, and Jennifer Granat presented on LAA's history, educational outreach, annual high school art competition, and newsletter. The presentation highlighted LAA's role in fostering lifelong learning and the arts in Lafayette. Council received and filed the presentation.
  • Girl Scouts Lana Wahidi and Clara Brennan (Silver Award project): Presented on domestic violence and teen dating violence statistics, including that nearly 20 people per minute are physically abused in the U.S., and one in four women experience severe physical violence. They requested the city: (1) put up awareness posters during October (Domestic Violence Awareness Month) and February (Teen Dating Violence Awareness Month), (2) mention awareness on city media platforms, and (3) connect with organizations like STAND to increase support. Council expressed gratitude and Councilmember Wotherspoon suggested making October Violence Prevention Month.
  • Introduction of Parker Stone: Assistant City Manager Tracy Robinson introduced Parker Stone as the new construction inspector, previously with the City of Livermore, San Ramon, and Columbia Electric.

Consent Calendar

  • Approved unanimously (5-0): July 13, 16, and 20, 2026 City Council minutes; Quarterly Financial Report for Q4 FY 25/26; Resolution 2026-47 amending the Emergency Preparedness Commission meeting day/time; the city's response to the 2025-26 Contra Costa Grand Jury report on MCE (with a date correction); Resolution 2026-46 authorizing an OBAG-4 grant application for the Lafayette Aqueduct Pathway; final acceptance of the Lafayette Restriping Project contract; and award of a $165,189 construction contract to Franco Engineering for the Mt. Diablo Boulevard and Hampton Road Crossing project (with $50,000 from Fund 14).

Public Comments & Testimony

  • Parking Management (Item 12A):
    • Matt Pease (Chamber of Commerce board) expressed support for the proposed changes, stating employee parking is a key concern for downtown businesses.
    • Ken Kossich (owner of 3435 Mt. Diablo Blvd.) opposed the termination of his lease for 21 parking spaces, noting he paid for the lot's development in 1986 and that his tenant leases require those spaces. He stated the city did not contact him to negotiate before the meeting.
    • Kyle Peacock (Peacock Construction, leasing 7 spaces) opposed, citing concerns about losing guaranteed parking for employees and the need for a parking variance. He noted he had previously asked to lease more spaces but was denied.
    • David Bowie (attorney for Tilden Prep School, prospective buyer of 3435 Mt. Diablo Blvd.) requested a parking credit for the improvements made by the prior owner, arguing that a variance may not be feasible. He said Tilden Prep intends to occupy most of the building but expressed concern about future parking constraints.
  • Settlement Agreement (Item 12B):
    • Dan Muller (attorney for "Save the Dips" group) asked the council to modify the settlement so that the Vesces dismiss the entire action against both the city and the public. He stated the Vesces' attorney refused to discuss dismissal of the public unless all clients' names were provided, which is impractical.
    • Martha Clark (Happy Valley Road resident, 33 years) expressed frustration, stating the city's handling of the S3 condition caused the legal mess and that the public feels abandoned. She urged the council not to settle without protecting public access.
    • Peter Clark (same household) emphasized the historic use of "the dips" as a connector between Glen Road and Happy Valley Road, serving as a route for children and an evacuation path. He asked the council not to exit the lawsuit.
    • Colby Powell (Glen Road resident) argued the city has leverage to require the Vesces to dismiss the public, noting that the Vesces recently indicated willingness to maintain the status quo. He said the settlement as drafted leaves the public vulnerable to a default judgment.
    • Ben Douglas (Glen Road) echoed concerns about the Vesces' intentions and said the city should use its leverage to protect the public.
    • Eric Peterson (Glen Road) recounted the Vesces' history of fencing off the path and receiving a large settlement, and pleaded with the council to stand up for the public.
  • No public comments on other agenda items.

Discussion Items

  • Parking Management Changes (Resolution 2026-36): Transportation Program Manager Patrick Golier presented the proposal to transition the city-owned gazebo lot (3429 Mt. Diablo Blvd.) and the lot adjacent to Ace Hardware (3299 Mt. Diablo Blvd.) from private leased parking to long-term paid public parking, following a final lease extension through December 31, 2026. Staff determined that the 2011 lease agreement allows termination with 60 days' notice. Additionally, BART announced its South Lot will be available to downtown employees. The council discussed enforcement (no employee roster, eight-hour meters via QR code/app), pricing (proposed $5 per day), and the impact on businesses with existing lease obligations. Council members expressed support, noting the policy advances prior council direction and the 2026 parking study recommendations. The council unanimously adopted Resolution 2026-36 (5-0).
  • Settlement Agreement with Brian and Allyson Vesce (Item 12B): City Attorney Mala Subramanian explained the proposed settlement would allow the city to exit the lawsuit regarding the S3 access condition at 3654 Happy Valley Road. The public ("Save the Dips") was added to the lawsuit in 2024 and can continue to litigate. Litigation counsel Scott Ditforth clarified that a default judgment against the public would only affect the S3 condition, not a public easement claim. Council members expressed sympathy for the public's concerns and agreed to ask the Vesces to include dismissal of the public in the settlement. They directed Mayor Anduri and Councilmember Candell to work with the city attorney to approach the Vesces. The item was deferred to the September 14, 2026 meeting (or a special meeting if resolved sooner). The motion to defer passed unanimously.
  • Refunding Successor Agency Bonds (Resolution SA2026-01): Financial Services Manager Tim Przybyla and advisor Ken Dieker (Del Rio Advisors) presented a proposal to refund $22.9 million in outstanding bonds, potentially saving $1.9 million over 12 years (about $172,000/year, of which the city's share is ~$10,500). The council discussed the 5% minimum savings threshold, fiscal consultant fees ($22,500 plus expenses, reduced to $17,000 if the deal does not close), and market volatility. Councilmember Cervantes recused himself due to a conflict of interest. The Successor Agency (with four members present) unanimously adopted Resolution SA2026-01 with corrections to the fee language.
  • Appointment of Multi-Modal Mobility Advisory Committee (Resolution 2026-48): Mayor Anduri and Vice Mayor McCormick recommended seven members: two commission appointees (Anna Radinich from Planning Commission/DRC and Mark Draker from Transportation & Circulation Commission) and three community members (Thomas Chastain, Jennifer Ricksheim, and Amy Budahn). The council noted the high number of qualified applicants (14). Unanimously adopted.
  • Appointment of Youth Commission (Resolution 2026-49): Councilmembers Wotherspoon and Cervantes recommended six youth commissioners: Lindsay Foster, Sean Gardy, Joshua Lockard, Savannah Martinez, Drew Megbow, and Caden Parkin. Unanimously adopted.
  • Legislation Positions (Item 14C): Council took positions on two bills: SB 1167 (Blakespear) on e-bikes – supported (clarifies definitions, labeling, and speed limits); AB 1370 (Stern) on covered wildfire mitigation projects – supported (expedites CEQA for shaded fuel breaks). Both positions adopted unanimously.
  • League of California Cities Voting Delegate: Council appointed John Anduri as primary delegate and Jim Cervantes as alternate for the September 23-25, 2026 annual conference. Unanimously adopted.
  • Resignation of Sherry Hoover: Council accepted the resignation of Sherry Hoover from the Emergency Preparedness Commission after 32 years of service, with thanks.

Key Outcomes

  • Adopted Resolution 2026-36 (5-0): Authorized parking management changes at the gazebo and Ace Hardware lots, including termination of private leases and transition to paid public parking with eight-hour meters.
  • Deferred Settlement Vote: Directed staff to ask the Vesces to modify the settlement to dismiss the public; item to return on September 14, 2026 or at a special meeting.
  • Adopted Resolution SA2026-01 (4-0, with one recusal): Authorized staff to initiate refunding of successor agency bonds with a 5% minimum savings threshold.
  • Adopted Resolution 2026-48 (5-0): Appointed seven members to the Multi-Modal Mobility Advisory Committee.
  • Adopted Resolution 2026-49 (5-0): Appointed six members to the Youth Commission.
  • Endorsed Support for SB 1167 and AB 1370 (both unanimous).
  • Selected Voting Delegate: John Anduri (primary), Jim Cervantes (alternate) for the League of California Cities conference.
  • Accepted Resignation: Sherry Hoover from the Emergency Preparedness Commission with recognition of 32 years of service.
  • Councilmember Wotherspoon indicated she will bring back a proclamation making October Violence Prevention Month.

Meeting Transcript

Let the record show that all council members are present. I have a motion for adoption of the agenda. So moved. A second. All in favor? Aye. Aye. Five zero unanimous. Um now on to item five, the closed session. Is there any public eye uh public comment on any item, either of the two items that are on our closed session agenda. Mayor and Dury, I have no speakers in the Don Katzen community hall. And I have one hand raised in our virtual audience, Dan Muller. And he will have three minutes to speak. Okay, welcome, Mr. Mueller. There we go. Okay, can you hear me? Yes, welcome. Okay, thank you very much. Dear Honorable Mayor and Council members, my name is Dan Muller. I'm counsel for the large group of citizens known as Save the Dips. Um I'm sorry I'm not here tonight or there tonight. Um I'm in out of town and depositions tonight. Um I'm piggybacking here on my prior July 13th input and our client representative Colby Powell's emails earlier today to you. Uh I've been representing the Save the Dips group, tracking this case case and dialoguing with the Veshis council for four to five years now. Um we've been seeking efficient solutions that that entire time. And I'm gonna summarize our ask to the council as concisely as possible, and I'm happy to explain anything I fail to cover. Now, if the city is going to settle with the Veshis, then we are respectfully asking that you please just change the proposed settlement language to ensure that the Veshis dismiss their entire action, including as to my clients say the dips, not just the city. This may sound weird or odd to ask that my clients be dismissed after all the work that the city has done and what my clients have done, but there's a reason, and that is that only in the last several months, or excuse me, several weeks, um, have the Veshis told many of my clients that they are willing to leave the status quo the way it is, and we want the status quo to l to be as it is, but we are a little bit concerned, very actually very concerned, that there's a loophole. And the loophole is that if the Veshis only dismiss the city, which is how the settlement agreement is worded currently, which we do not want, we want the case dismissed as to all the parties, including my clients. And that will prevent any interesting little twists where my clients get defaulted after the city is dismissed. And what we have asked and we've proposed that the city have the settlement agreement include dismissal by the Veshis of the entire action, including as to my clients. I have asked the Veshi's attorney if they would do that, and they have been hedging. And so with that kind of hedging, we're concerned that some kind of interesting little twist could happen. And that's that's the summary. If anybody has any questions, I'm happy to answer those questions. Okay, thank you. Are there questions? Councilmember Cervantes. I do, thank you, Mr. Mueller. Jim Cervantis and the city council. I didn't quite catch what you said. You asked the Vesis attorney if they would do this, and then I didn't hear what you're they were hedging. Is that the answer? Yes, yes. Yeah, I I've asked, I've directly asked the CETO's attorney, excuse me, the the Veshi's attorney, Mr. Cito, will you be will you be dismissing the case as to my clients as well as the city? And he has said, unless you divulge all the names of your clients, which could be thousands of people at this time, um, I am not going to talk with you any further. I'm not authorized to talk to you.

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