City Council - Regular Meeting

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7 o'clock, call the meeting to order. Let the record show that all council members are present, with the exception of Council Member Witherspoon, who has an excused absence. I have a motion for adoption of the agenda. So moved.

I second.

All in favor, say aye. Aye. It's unanimous, 4-0. Please stand for the Pledge of Allegiance.

I pledge allegiance to the flag of the United States

As we meet this evening, 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 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. We're now on to public comment. This is an opportunity for members of the public to address the council on any item that is not on the agenda but is within the purview of the council. You have up to three minutes.

Mayor Ann Dury, city council members, we do have members of the public that wish to speak. We'll take members in the Don Tatson Community Hall first, and then we'll go to members of the public that are participating via the Zoom webinar. Please raise your virtual hands.

First speaker is Mario DiPrisco to be followed by

Mr. Sturm and his daughter Hadley.

Okay, welcome.

Okay, super. Mayor Nduri, council members and neighbors, thank you for the time. Almost two years ago, Lafayette passed Measure H. It was a responsible thing to do. In retrospect, it was timely, given other proposals for sales taxes, but it was always meant to be a temporary fix of about seven years, right, at a half cent on the sales tax. And the reality was that just about every dollar from that has gone to maintaining services that we already have. It buys us time, but it doesn't fundamentally fix our finances, especially as we look farther into the future. That seven-year clock is already running, and when it sunsets, the city's gonna face the same structural pressures we face today, plus the costs of liabilities that only compound, drainage, deferred maintenance, wildfire, and recreational needs. We should use this window while we have it to get ahead of those. Right now, our finance work happens in a two-member council subcommittee of the mayor and vice mayor working along staff. I think this neglects an enormous resource that we have in the community, and that's residents in here, in this town. Lafayette, as we all know, is full of people with a lot of skills, especially in this matter, investors, accountants, business owners, folks who have spent careers finding efficiencies and growing revenue, and they want to help, and I think we should let them. So my request is simple. Expand the finance subcommittee into a standing fiscal advisory body, one that brings residents with real financial expertise to the table alongside council. Give it a clear charge, explore efficiencies and cost savings across the city, and bring this council concrete, well-vetted ideas to grow revenue that don't depend on the next tax measure. I think we should start planning for that day when Measure H expires two years ago. This wouldn't take a single power away from the council. It's advisory. It meets under the Brown Act, and you decide what to act on. We already have a Measure H oversight committee. It looks backward. at how the money is spent, but this would be a forward-looking partner. How do we spend less and earn more so we depend less on temporary taxes and can finally invest in our future? In the recent successful campaign for the parcel tax, I saw firsthand the credibility the school district has earned by having exactly this type of body. If the city wants to renew the tax or issue a bond for a community center, for example, it'll be crucial to show that we've done everything we can to be good stewards of our taxpayer dollars. It costs almost nothing to stand up, and it tells residents that we take their money and their talent seriously. So I'd encourage the council to do that, and I'd be happy to help however I can. Thank you.

Thank you. Are there questions for the speaker? Thank you very much.

Next speaker, Rob Sturm and Hallie.

All right. Yeah, I think you're stuck with me. I don't know. I may call on Hallie midway. Good evening, Rob Sturm, 3343 Oak Court and speaking in an individual capacity as a member of the Lafayette community and also the Lafayette School District Governing Board. I want to again thank the mayor, the city council, and staff for the actions taken at the most recent city council meeting a couple of weeks back to promote school crossing safety and express my genuine appreciation that the city has stepped forward to reclaim responsibility, operational, contractual responsibility, operational responsibility, and financial responsibility. As I've shared many times in the past, the city bears both the legal responsibility and the engineering authority for the safety of its streets. Whether that ultimately is discharged through crossing guards, traffic engineering, signage, other safety improvements is a determination that legally and pragmatically belongs with the city. And I want to thank you again for the action that you took. There's just one small point, however, having listened to the city council meeting two weeks ago that I do wanna present on. And I hope that we will continue to think about the following. There were multiple comments referring to the school district needing to quote, have skin in the game. I understand the sentiment, but candidly, I don't believe the concept is a good fit here. The district is responsible and accountable for educating children and maintaining safe campuses. The city is responsible and accountable for the safety of its streets. Those aren't shared responsibilities. They are complementary responsibilities. They work hand in hand toward our shared goal of a vibrant community, but they remain distinct responsibilities. The city benefits tremendously from outstanding public schools, just as the district benefits tremendously from safe streets. But we don't suggest that the city should contribute towards textbooks, classroom technology, or teacher salaries simply because excellent schools benefit our community. Likewise, and I speak in an individual capacity, I don't believe the district should be expected to fund municipal street safety because safe streets benefit our students. The city and school district have a long history of trust, mutual respect, and working together to solve problems. My above comments don't mean that we aren't partners, quite the opposite. That's what partnership looks like. It isn't about each agency funding the other's responsibilities. It's about each of us fully embracing our own responsibilities while supporting one another in serving the people of Lafayette. Public deliberations happen in real time. And I know better than most from my own experience that we all choose words in the moment. Sometimes a phrase can carry implications beyond what was intended. And I simply wanted to share why phrases like skin in the game and shared funding give me pause. Because while I believe our partnership is strongest when each institution fully embraces its own responsibilities while respecting those of the other. Again, I really appreciate the city's leadership. I appreciate the work of city staff, and I look forward to continuing the strong partnership that has served our community so well for many years. Thank you again.

Thank you. Are there questions for the speaker? Thank you very much.

That completes the speakers that are with us in the Don Tatson Community Hall. Next is for items that are not on the agenda. City Council Chambers, If you have an item to address it is on the agenda, you will need to wait until that items called first speaker is Judy and Judy if you could pronounce your last name i'd appreciate it, thank you.

Hello, city councilmen and women of Lafayette. My name is Judy Barriantos. I am a transit worker for County.

We lost you.

I'm sorry. Can you hear me now?

Yes.

Okay, because it went to mute again. My name is Judy Berriantos. I'm with ATU Local 1605. I'm a transit worker at County Connection. And I know it might seem a little premature, but SB 63, you know, we're asking people to vote for that to help keep BART running and County Connection to be made whole for their costs to run transit in the Contra Costa area. Um, also try Delta and West cut need to be made full by this, um, 63. But Contra Costa transit authority has been working on their plan. If that money is to come in and, um. My biggest concern is that making sure that transit is funded. before anything else you know we need to make sure the buses are running um everything's working um as it's supposed to be done according to the bill and i just want to ask you guys to make sure we advocate for that with 2cta and um they have a plan to do lots of things but my concern is that transit won't be their priority they have a lot of priorities on their plate And if they're not doing that, I will come back and ask you guys to look into that because I'm concerned of what they're going to do with that called a return to source fund. That return to source fund should be helping transit. So I just wanted you guys to know about that and advocate for better transit in the area. Thank you.

Okay, thank you. Are there questions for the speaker? Thank you.

And our final speaker is Dan Muller. DAN MULLER.

Hello, council members and Mayor . My name is Dan Muller. I'm a lawyer. I represent the members of the public who are involved in the Vesce lawsuit that you're going to be talking about in closed session.

We need to hold you until we get to that item. I don't know that there's a public hearing scheduled for that.

So I didn't know if there was a time to talk about it.

There isn't. But before we go into closed session, we do take comment from the public.

OK. I wasn't aware of that. I apologize.

We'll call you back when you raise your hand when that item comes before us later in the meeting.

Thank you.

You're welcome.

Okay, so we'll close a public comment and we'll move on to the update from the city manager.

Good evening, city council and members of the community. Here are updates from city departments, from public works and engineering, the Mount Diablo at Hampton flashing beacon crossing. project is out to bid this is a task that has been on our work plan for a couple of years and you would have all observed that staff is focused on the 2026 repaving project as a reminder this project includes work on 22 different streets and it's happening in multiple phases And we truly appreciate the community's patience as we successfully complete the repaving project. From the public art committee, the committee has completed the installation of new standardized plaques for all public art commission through the city since 2021. Each plaque has a QR code that links to information about the art and the artist. And of course, you can always look at our entire public art collection on the website. And finally, from the police department, a reminder to the community that Lafayette police officers are very strict about enforcing laws associated with the use of e-bikes, and they often impound not street legal e-motorcycles. In addition, at least one parent has been cited for their liability for their child's actions on an e-bike. So we encourage everybody to follow the laws and obey the rules. Thank you.

Thank you. Are there questions for the city manager? Is there any public comment? No public comment. All right. Well, that brings us to item 9A, this month's presentation in support of lifelong learning and the arts. Our mission statement calls out our commitment to lifelong learning. And through organizations such as the city's public art committee, the city seeks to embed the arts in our civic life and in the fabric of our community. This year and next year, we will help strengthen these civic values through presentations at the beginning of the first council meeting of each month by a local organization that promotes the arts or that offers lifelong learning opportunities. This month's featured organization is the La Mirinda Arts Council. Its primary mission is to ignite and sustain artistic expression and appreciation for all ages throughout La Mirinda. And I'm glad we're welcoming them here by changing our banners out on the street to the Lafayette Arts and Music. So perfect timing. So the president of the La Mirinda Arts Council, Sue Farmer, will tell us about the activities of the council. Welcome.

Is it working? Is it working? Yes. Well, I'll give you a little history of the Arts Council. First of all, it's our Arts Council. It's all of La Mirinda. And actually, I live on the border of Orinda and Lafayette and do all my shopping practically in Lafayette, including La Miranda Music, which is a wonderful music store that John has. But the Arts Council started in the 50s. We recently celebrated our 75th anniversary. uh this fall and uh originally we were just the orinda arts council but then we built the library and we have a lovely gallery that is very much sought after and it's for all of the community and then we also started llama and idol which involves children from kindergarten through high school have an opportunity to perform and sing. And thank you so much for letting them perform for your Rock the Plaza Summer Concert Series on June 26th. And of course the La Mirinda singers have sung at the Art and Wine Festival and at multiple community events, July 4th and in Moraga they sang. But it is much more than just singing. It develops their self-esteem and we have about 100 students who apply every year. All the teachers are notified kindergarten through high school in all of the towns. that there is an opportunity to audition. I've been one of the judges for years, and we have them audition in a local school, and they come with a little backup. Usually they've gotten it off of their phones. And we have to narrow it down, because we usually have about 100 kids who apply, and we have to get it down to 40. And then they have many opportunities to perform. And then the highlight is on August 16th, they sing in Rinde Theater, which is really an incredible opportunity for children. And I must say, it's amazing, they even have an alumni association of previous singers and they all track each other and some of them have made it to Broadway and so we're very proud of what we've accomplished with this and there was one video of one young man who made it to Broadway and he said, gosh I didn't realize how unique La Mirinda is that they have this opportunity. I thought all towns had this opportunity. No, it's very unique for this area. So in addition to that, of course, we, oh, I'm supposed to show the slides. I'm sorry. I totally forgot. Wait.

Oh, why is this not coming up?

Oh. Monique, what am I doing wrong? Oh, there it is. Okay, so that's La Miranda Idol. And those are just a few pictures of the kids performing. And let me see, next. There. Okay. So we, of course, as I mentioned earlier, we have a gallery that we change. This is for, well, we have it for children as well, but I'll tell you about adults first. And we just last Saturday had a reception We have receptions every month for the particular artists that are displaying their artwork. And this month we have an Oakland organization and a number of wonderful paintings. And we also have boxes where we have ceramics and other things on display. And every month we change it and have a reception for the artists. So many times it's a two-year wait. It's very, very popular and it's for all of the area. And let me see. i can get the there so this is what we do for the children we have two months that are dedicated to the kids in march we had all the high schools and that's akalana's high school campolindo it's all of the high schools in the area um have the gallery and uh then we have awards for the winners it was so fun this year we we have the awards in the auditorium and the orinda library and the uh we had a big screen where we show the art pieces that were chosen by the judges of course we make a big issue out of the fact that they're all winners because to have created something that is on display in a gallery isn't an accomplishment on its own, but of course we have some special pieces that we want to recognize. And the enthusiasm of the kids as they root for their friends and their artwork is up on the screen in the auditorium. And I love it because, you know, it's the same kind of enthusiasm we see like in the sports with the kids. And I like to see those students with artistic skills get the same kind of support. So let me see. then oh of course um we have to raise funds um and to support uh all of the events that we have and i forgot to mention we also have in addition to art music We've had in the science room, Art Embraces Words, which of this, of your library, we've had writers and artists get together and on the wall are the works of the artists and then the writers read part of their books or whatever they're writing. Sometimes we also have poetry. And it's a wonderful connection between artists and writers to appreciate and learn more about each other's craft. So we're very grateful to you for supporting that, for the Lafayette Foundation has been supporting that. And then of course, up there you see mixology and that's what we're working on now we have about 18 bartenders and of course people are drinking less so we're having mocktails not just you know regular cocktails and uh it's a a real fun event And we don't just have, it's at the Theater Square, and it will be on October 10th. And we usually have about 250 people who attend. And it's a wonderful community thing for all of the towns and beyond, actually. We have a lot of people coming from Oakland and Martinez and far away, and especially the bartenders. And we have awards for them and we have some judges. They come a half hour before the event starts and taste. And of course, oops, what did I do? Lost it. um we're going to show you a really quick video of mixology um let me see see if i can get to it yes of course we very much appreciate that you donated to um to art embraces words but we hope you will consider all of the things that we are providing now i want to see if i can get this i have to really press it oh thank you for coming there so here is an example of our event oh what happened

Up in my Chrysler, it's as big as a whale, and it's about to set sail. I got me a car, it seats about 20, so come on and bring your jukebox money. The Love Shack is a little old place where we Love Shack, baby. Love Shack, baby. Love Shack, baby. Love Shack. Love Shack, baby. Love Shack. Love.

Bang, bang, bang on the door, baby.

Knockin' a lot of sugar. Bang, bang, bang on the door, baby. I can't hear you. Bang, bang, bang on the door, baby.

Bang, bang, bang.

Yeah, we also have flash mob. I was hoping they'd show them. So Susan Gerald did this video. She's the former president of the Arts Council. And she's amazing. So anyway, I hope you will attend our Mixology, which again is October 10 in the Theater Square. And the purpose is to raise funds to support all these programs that we have. So thank you so much for giving us an opportunity to tell you about the La Miranda Arts Council.

Thank you very much for being with us any comments or questions from oh yeah do you have any questions.

Just briefly, I thank you very much for our men obviously been supported for years and it's just amazing that what this organization does we just thank you very much for helping to spread the spread the love.

Okay.

it's particularly phenomenal me seeing those kids.

know at the rock the plaza it's just like it's just the talent level is off the charts so thank you right right many of them have gone on professionally so thank you thank you thank you very much is there any public comment no public comment at this time okay thank you very much we're on to the consent calendar would any counts oh 9b oh yes sorry got ahead of myself uh tracy robinson assistant city manager

So members of the Council, I would like to introduce you to Scott Watkins, our new senior planner. Scott comes to us from the City of Concord, where he worked on housing policy and several award-winning planning initiatives. He also has private sector environmental planning experience and holds graduate degrees in both business administration and public policy. City Council Chambers, outside of work Scott coaches youth soccer and he recently built his own backyard at you as an owner builder. City Council Chambers, Scott says the quote he tries to live by is i'm a great believer in luck, I find the harder I work, the more I have of it, that is, Thomas Jefferson, so please join me in welcoming Scott to the city hello.

Nice to meet you all, thank you for the overview of my background, I also have some experience in public art that was a great presentation and I hope to meet each of you through different projects that i'm assigned over the course of time.

Okay, well, welcome to Lafayette we're very happy to have you with us, thank you very much, welcome have a good evening, thank you. Okay. On to the consent calendar. Would any council member like to remove an item from the consent calendar? Would any member of the public like to remove an item, like to request that an item be removed? No requests. Okay. Can I have a motion for adoption of the consent calendar?

I'll move approval.

I second.

All in favor? Aye. It's unanimous 4-0. Okay. So we're on to item 11, council commission reports. Did I miss another one? No, no, no. That was part of the consent calendar. I'm one for a two. That's OK. All right. So we're on to item 11a, council member reports on activities.

Just a quick note. Vice Mayor McCormack and I were at the Emergency Preparedness Commission meeting earlier this month. They're starting work on working through concepts that could come back as programs that would fit the budget. We talked through with respect to emergency preparedness. So there's some really good ideas in the hopper. We're kind of also waiting to see what's happening with the state where it's funding. We won't know that probably till late August. But the wheels are turning, and I thought that was encouraging.

What I will mention is that we had our 250th anniversary celebration on July 2nd. We purposely held it on the Thursday before the 4th so we didn't interfere with Moraga's celebration or Orinda's celebration. We focused in our theme of lifelong learning on the role of the Marquis de Lafayette, our namesake, in winning our independence. and there were a number of our city partners who were involved, you know, first I'll mention our city staff, Suzanne Erla, Heather Ward, Jonathan Kanyagi took the lead in the planning, the Lafayette Historical Society, Mary McCosker was heavily involved, the DAR, participated in the event, All Ages Recreation Downtown was also involved, Front Porch Music helped out with the music. And I have this feeling that I'm missing one of the organizations. Yeah, AARD. But it was a great coming together of our partners to do this event. We had a meeting afterwards. We thought it was very successful because it was from 4 to 6. So there were families and kids and the games and the activities and the music out there. And then at 6 o'clock we came in here for the documentary about the life of the Marquis de Lafayette, again focusing primarily on his role in American independence and so we're thinking about perhaps doing this in future years again having that lifelong learning element along with all the fun and maybe focusing on a number another of the founding fathers and do it again on a couple days maybe it would be thursday july 1st before the people leave for the weekend. So anyway, that worked out very well. Thank you to everyone who was involved with that. Okay, on to item 11b, the legislation committee.

Sure. So we had a meeting in late June, and we discussed an additional bill, AB 2433, but we decided not to bring that to this meeting tonight. We'll have that come after they've made some amendments to that one. But here are the ones that we did hear about and were hoping to take a stand on and write letters for. And so the first one's AB 1751. And I did get a report from Casey today about the details of the amendments. He said he thought these other members were to come in. And basically, so since our meeting, It's gone through the Senate Housing and the Senate Local Government Committees and both passed. And the amendments included some definitions of town homes, ministerial approval standards were expanded and clarified, limits on project eligibility, and some density and affordability requirements. So in in a nutshell, this bill is trying to have the same ministerial approvals like our big multifamily things but apply to townhomes as well, and so the. Some people are supporting it. The league has consistently opposed it because of the ministerial aspect of approving these things. Labor wants to add a bunch of the wage language like they always do. So our thought was that we would support with the league and oppose it for this 1751.

City Council Chambers, Do you want to have discussion or more and highlight something we were really kind of tracking the league's position on this as. City Council Chambers, council member can tell outlined with respect to discretionary approvals or lack thereof, the other issue that the league. City Council Chambers, noted, which is kind of an interesting wrinkle where and if you've got a site that zone for multifamily theoretically this bill could step in you could end up with less density as a result, because the townhomes are approved. City Council Chambers, Then the multifamily was already approved creates no net loss issues for Community like ours so let's say we approved a site for multifamily that might be nearby here and. City Council Chambers, Some developer could step in but townhomes in instead with less density, leaving us with less units and we had counted on so.

City Council Chambers, And that did happen to us, you know it's not a theoretical at this point, and so that was another reason for us for left yet to oppose this one yeah.

Just a brief discussion yeah because I actually was reviewing for this thing for this I went down a bit of a rabbit hole in this one it's really quite incredible but it's also you know I mean it's been unanimously passed I know both the assembly and the senate so far including Rebecca Barra-Cahan in the assembly Tim Grayson in the senate he didn't they haven't done the final vote but he's he's on the housing subcommittee whatever and um so it doesn't I mean I share the opposition because I don't think, you know, the ministerial approval. We're happy to approve townhomes. I mean, that's what just like we don't need ministerial approval, but it's nice. You want to have, you know, some say in how it looks. But going into the details, I mean, it's really interesting the we apparently because we are over 25,000, our minimum City Council Chambers, We have this HD has got us our default density is like 30 units and so these townhomes have to be 20 to 25% which is 22 units an acre for townhomes is really challenging. City Council Chambers, I mean so it's like it's i'm going to get that much built, I mean it's very frustrating feel good legislation i'm not sure is going to accomplish what they think it's going to accomplish totally fair, so I, but I, I will certainly support our opposition because it's important.

I suspect the reality for any developer of townhomes when they have to, this is in the prior version of the bill we saw, but if you have a joint labor management cooperation committee formed where there could be civil action for certain labor and contractor licensing laws, including payment of quote, reasonable attorney's fees,

City Council Chambers, There's a lot in there that I suspect will make developers look twice or apparently the sense that that's all come out it's not just the Labor stuff's all gone now it's just this ministerial path for.

City Council Chambers, Oh, some neighbors up is out yeah okay so you didn't mention that today okay that's interesting.

City Council Chambers, yeah. City Council Chambers, That's why i've heard that's really just this kind of mystery approval for account homes that meet the density requirements, but they're just so intense it's hard to get townhomes like so squeeze anyway, but I agree. City Council Chambers, Thank you.

So let's do these quickly one by one. Is there any public comment on this particular recommendation from the Legislation Committee?

I have no comments on this item.

OK. So I have a motion for approval of the recommendation.

I second. i'll move move second all in favor all right great and then the next one is uh sb876 and fire and residential property insurance um i don't know if any of you guys read this actual bill but it's massive It is completely massive and it covers many aspects of fire insurance, but mostly to address post-disaster rebuilding after a massive fire, like the LA fires, like all the other ones. It also adds provisions to update actual replacement costs and updated building codes estimates, which is kind of a gap for all of us who get insurance. They don't really do that for us. It also gives new powers to the insurance commissioner to penalize bad actors. And so it has now passed the assembly judiciary and insurance committees. Like we all said, this is really broad and no doubt there will be some amendments to get it passed. They likely will delay the implementation until 2028. On a side note, Senator Ben Allen, who's likely to be our next insurance commissioner, also supports it and is a co-sponsor of it. And our position was to support it, even though it's as broad as we think, but there may be some amendments.

Okay, any comments?

Yeah, I think that the whole notion of insurance policies that don't include building code upgrade provisions. So if the house gets destroyed in a fire, it only covers a portion of the cost because building code upgrades could require significant additional costs. Homeowners left stuck. So I agree with Council Member Kandel, this is a very complicated bill. And one of the consequences might be that City Council Chambers, It's impact on the insurance market, but I think our take was we didn't want homeowners having inadequate policies where they think they're covered and they're really not for can save significant component with their cost could be correct.

City Council Chambers, And also the massive you know, in a massive wildfire scenario that really wouldn't impact our residents as well. City Council Chambers, This could be one if we wanted to it to have the La Miranda. City Council Chambers, Coalition also. Try to put in a letter, but so far, and so we'll bring that up at the ledge, the La Miranda ledge meeting. So I don't know what's going to happen with that, but we will support it. And our recommendation is to support.

Any other comments? All right. Is there any public comment?

No public comments on this item.

Okay. Can I have a motion for approval of the recommendation to support SB876?

So I'll move approval of the recommendation.

And I second.

Okay, all in favor? Aye. It's unanimous, 4-0.

Great. And final one is SB894 from Ben Allen. This one is actually just, it's called wildfire resiliency, it's financial assistance. It's a new loan program called the California Wildfire Resilience Loan Program, but does not actually fund it yet. It's aimed at getting more community hardening as the full target, which will benefit from loans from the state to achieve. And this is commercial, you know, it could be the city of Lafayette, it could be our residents, it's going to be set up to be a whole gamut of people who might be able to get loans from the state to achieve hardening. We found out on our visit to Sacramento that the whole is an entire movement towards community hardening. That is the what the state is trying to set up to have us achieve, and this is part of that plan, and so we want to be able to. promote this try to help our residents if who need it by possibly getting loans or even our city to get loans, whatever you know, to try to get Community hardening, so this is definitely a support position for us.

And I'll add in, it seems like community hardening is like the holy grail in terms of wildfire preparedness and safety. Senator Allen's bill could provide a key missing piece in the financing of that because the cost could be considerable for homeowners. So it creates a mechanism. There's a lot of work still to be done on this, but at least as a template in this where the state could be a resource. In our view, it seems a good first step.

Mayor Mrakas, So I did when I was reading it did it did feel like like words and money coming from I guess it does feel like i'm not just a missing piece it's like a matter, I guess, maybe the way this stuff works is you need the enabling legislation first and then you need the actual funding. Mayor Mrakas, Correct so. Mayor Mrakas, So it's almost like a no harm, no foul thing, but you got something that then figure out. Mayor Mrakas, yeah no sure enough.

Mayor Mrakas, Okay, is there any public comment.

No public comment on this item.

OK. So we have a motion for approval of the recommendation on SB894.

So I'll move approval of the support position for SB894.

And I'll second. All in favor? Aye. It's unanimous.

All right. Thank you very much for all the work on this.

We're on to C, recognizing commission and committee members whose service ended on June 30th. Just a reminder to everyone under our current system, when commissioners are appointed, they serve for two years and unless there are Stenuating circumstances they are automatically renewed for two years for two more times up to six years when you come to the six-year period Then a commissioner would reapply to and be interviewed along with if there are other applicants for the position and then a recommendation made and some commissioners take that opportunity at the end of six years of service, which is a City Council Chambers, A great a great period and great contribution to the city to just say. City Council Chambers, i've completed my service i'm moving on to other things and we don't have an opportunity to thank them, because when people leave. City Council Chambers, In the middle of the term we have the resignation letter and we're able to say thank you for your service, so the reason this is on the agenda now, so we can say thank you to design review Commissioners john Gray. and Armin Hadalu for their six years of volunteer service, to Judith Klein Flynn for her 10 years of service on the Banner Advisory Committee. And as the liaison to that group, I can say she has been indispensable to that group. So we'll have to be looking for a new member if anyone would like to apply. And then for Lee Thompson for his 32 years, on the capital projects assessment committee. Above and beyond, thank you very much for your service. OK, this brings us to the last item on the agenda. Before going into closed session, is there any public comment on our closed session item?

The City Council is taking public comments on item 12A before they go into closed session. Mayor and council members, I have no speakers in the community hall, but I have one Zoom participant, Dan Muller.

Hello. Welcome. Thank you so much. Are you able to hear me? Okay. Yes. Loud and clear. Okay. Thanks. Um, again, Dan Mueller attorney for the members of the public who for decades been using what was, what is a pathway that's called the dips that runs through the property purchased by the Veshi family around 2016 or 17. Uh, our rather large group is known as save the dips logically. Thank you for letting me briefly speak on this issue. Sorry, I cannot be there in person tonight. And in case you've not yet seen it, because it came in via email around 1.14 PM today, and my apologies for that delay, it should have gotten in before noon. That was my fault. One of our Save the Dips representatives, Mr. Colby Powell, I understand has provided staff and hopefully you folks um hard copies of the short email I sent as mentioned around 1 15 or 1 14 p.m today um as I've just summarized what's in that email because I think that you know now probably have copies um as explained in that email we've been actively involved in this dialogue for as far as the Veshi's lawsuit has been you know of record which has been since 2020 and we're respectfully asking that the council please not agree to any settlement agreement that's proposed by the Vichys or otherwise, unless it reasonably and clearly protects the public's longstanding access rights to the pathway that's known as the DIPS. As I've discussed with both the city's council involved in this lawsuit and the Vichys attorney or attorneys, plural, it doesn't appear to us that the Vichy's proposed draft settlement agreement does what's needed. We believe that all is needed to make it work for us is about 20 words in addition to what's in that agreement. The city seems to be deferring to the Vichy's on the wording of the settlement in our opinion, and the Vichy's aren't telling us to date why. They still won't slightly edit the agreement to make sure we're okay, the public is okay. And I see that I've got about 40 seconds. And this time, I probably will make it. So we're asking the city to take a break from signing that agreement to talk to us, to engage with us. And we're ready, willing, and able to help try to resolve this fairly simple predicament. If there's anything that the council or staff has in terms of questions, let me know. If you haven't received copies of the document,

um that i'm talking about the email that i think mr powell circulated or provided um i'm happy to forward that thank you very much okay thank you very much i think it's safe to say that each council member has received and has read uh your email so thank you so much i appreciate uh any questions

I do a question um so I you mentioned that there's like 20 words that you want us to include I didn't see that in your email did you do you have those 20 words that are does our attorney or are we aware of those 20 words that you wanted us to include.

No, I wanted it to be a mystery. No, just kidding. I'm being facetious. Great question. We did submit those 20 words. I could be wrong. It could be 26 words. It could be 18 words. I can't remember. But I have sent that to your attorney that's working on this matter. Very, very, very scrupulous gentleman, Mr. Ditforth. And he has basically said something to the effect that, you know, that depends on what the Veshi's feel about those words. So those words are with um your your attorney and i didn't want to get into too much nitty-gritty details because this matter did get mediated and there is a lot of confidentiality about mediation so i'm trying to tread lightly in terms of details i apologize for mystery behind us no that that's totally fine as long as you that our attorney has them thank you thank you so much okay any other questions

City Council Chambers, hi Dan gyms around this I wasn't here on the Council when this matter was considered before so i'm kind of like a newbie on this, but I really want to understand the nature of the ask here if I could, which is that in your email you wanted the. City Council Chambers, The city not have the city enter into settlement agreement that leaves the public and likely jeopardy or worse. City Council Chambers, But protects and preserves the public ongoing use of the dips by minimum maintaining the quote status quo so status quo, meaning. City Council Chambers, So there's no if there's no easement recorded in there, I gather, there is not that would still have public access on this on the pathway. City Council Chambers, you'd want that's the ask is to have that sort of codified somehow and a settlement agreement that again, I want to make sure I understand what the ask is.

You know, that's an excellent question. And I'm going to I might be a little obscure, which I apologize. But what the ask is, is to clarify in the settlement agreement or the proposed settlement agreement or in any proposed settlement agreement that as a result of the settlement between the city and the Veshes, that the action is in play, the lawsuit that's in play. That it be dismissed in its entirety, including against the public, because the public was named at the behest of the court and at the behest of the city, a year or so ago. The the lawsuit the veggies filed was formally amended to include any persons any members of the public. who have any claims or interest in the property, the subject property, the vestiges property. And we believe that clearly was an invite to anybody who crosses through that property on a regular basis that may have prescriptive easement rights or implied rights of dedication, public dedication to the pathway, which is paved and has been used by people to cross for decades. So the notion that the property We're not asking so much to protect affirmatively the public's rights to continue using the dips. We're trying to avoid any kinds of trips, traps for the unwary or other untoward consequences. And we think the language we provided to your counsel does that job. And we haven't heard from anybody why that can't work.

So just to follow up on that again, I'm not an attorney. So some of this is likely over my head here, but, um, If the city weren't a party to this, but the public remained in place, you would have the option to litigate your position with the property owner, right? I mean, if the public's not precluded from doing that, if indeed there's a right that you feel that is there to access to the DIPS, if the city's not part of this, the public still could be, save the DIPS, could still be engaged in that effort, correct?

Or am I wrong? Theoretically, figuratively, yes. But the way that the settlement agreement is written and proposed leaves, I think, a huge vulnerability for the public. And I think it's intentional. And it's not the city that's doing it. And I'm just saying that the city, I think, rationally would like to rid itself of this issue and this problem, which I understand. I understand that completely. But my fear is that the way that the proposal is written now seriously compromises the public's ability to just maintain the status quo. I don't know that it's intentional, but when I asked the people involved, can we please insert this language so we don't feel that there's going to be any jeopardy to the public, the answer was, we don't have authority to agree to the change you're asking for, Mr. Mueller, without any explanation. So Theoretically, if the city bows out, the public could theoretically jump in and do something. But you'd be surprised at the kind of interesting litigation sort of steps that I think are being put in place and that this settlement agreement could seek to achieve, which I don't think anybody's intending except certain folks. And so I'm just saying that I'd love to explain it more. I don't know that I have the ability without running over time or getting into minutiae. But I believe strongly, having litigated for 33 years, that there is a problem with this settlement agreement and we ought to fix it before anybody signs it.

Okay, well, I'm take a stab at this. Follow up to the follow up. I think I'm not sure I understand. Well, just heard some of the words. Were you saying in your the beginning of your response to Councilman Cervantes that you did not want the settlement to basically take the city out of the case and leave the public? You'd rather have the public out as well?

No well yeah in yeah that it's very ironic sounding, but if the city is dismissed and the public. it's hard to explain, but there's a way, I believe that things could go very badly, and if this the city is signed this agreement with the veggies there's a possibility that the public is not a party to this agreement, because they're not a party at the moment. And if they can't enforce how this settlement goes down in terms of enforceability and implementation, there's a real possibility, in my opinion, that there could be serious problems that leave the public holding the back. It's a very weird technical litigation thing. And I don't know how much you want to hear about it, but I believe we don't care. I frankly would love it if the city is free of this lawsuit. I just don't want them to be free of this lawsuit and us holding the bag in a

in a certain technical way that this settlement agreement seems to do and i think it's intentionally that way okay and i'm not saying the city intended it yeah no i don't think we can carry it any further at this point so uh thank you very much uh we will go into closed session and uh we'll be back when we're back thank you so much i appreciate it There is no reportable event. The meeting is adjourned.