Lafayette council asks East Bay MUD for design compromises after decision to shorten reservoir tower

The Lafayette City Council on March 24 discussed a long-running dispute with East Bay Municipal Utility District (East Bay MUD) over plans to shorten the Lafayette Reservoir tower. Council members said a technical advisory committee had proposed alternatives that East Bay MUD rejected and that the utility intends to proceed with construction in 2025.

City staff summarized six possible responses: continue technical discussions; pursue additional outreach to the East Bay MUD board; inform residents and encourage public comment; ask state or regional officials for help; consider litigation (by the city or private parties); or work with East Bay MUD to improve the final design. After discussion council members rejected litigation by the city as unlikely to succeed and instead focused on urging design changes and informing the public.

Why it matters: The tower is a local landmark. East Bay MUD has said seismic concerns and dam-safety issues motivate the retrofit; Lafayette officials and a volunteer technical committee proposed alternatives that the committee says were not accepted. Council members said they want to preserve as much historical character as possible while recognizing East Bay MUD’s stated safety concerns.

Council directions and next steps - The council recorded four deliverables to pursue immediately: (1) the council liaisons (vice mayor and Council Member Cervantes) will meet with Lafayette’s East Bay MUD board member; (2) staff will post an informational web page describing the status of the project and how residents can comment; (3) staff will send a letter to East Bay MUD asking the utility to adopt a design that better matches the current tower aesthetic (including a request to reuse original doors/windows if feasible) and to consider shortening the tower by 30 feet rather than 40 feet; and (4) the city will issue a postcard or similar citywide notice and use social channels to direct residents to the web page and to East Bay MUD contact information so residents can comment directly. - The council explicitly declined to authorize the city to commence litigation, and members said the city would not actively encourage private litigation, although private parties remain free to pursue legal action.

Clarifying points offered during discussion - City staff said East Bay MUD had posted construction would begin in spring 2025 but that East Bay MUD had not yet finalized the operating-house design; demolition could precede final aesthetic decisions if the utility proceeds on its schedule. - The Division of Safety of Dams (DSOD) rates Lafayette Reservoir as “fair” for dam safety, and DSOD modeling treats inundation as a hazard because of downstream population exposure; council members said they were reassured by staff that catastrophic 30-foot inundation through downtown Lafayette was not an expected outcome and that dam-safety ratings reflect downstream exposure as well as structural condition. - A member of the technical advisory committee told council staff that the committee found errors and “misinformation” in East Bay MUD statements to the public; the city said it would seek to correct factual misstatements in its communications while continuing to press East Bay MUD for design modifications.

Ending Council members said their priority is to preserve the municipal relationship with East Bay MUD while improving the final appearance of the tower for Lafayette residents. Staff will prepare the web page and a draft letter to East Bay MUD; the council liaisons will pursue discussions with the board representative and return with an implementation update.