Orinda City Council Minutes Page 1 of 11 05.06.25
MAY 6, 2025
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed on the City’s website meeting calendar. They are also kept in the City Clerk’s Office as part of the public record and available upon request ([email protected]). 7:00 P.M. – REGULAR MEETING– ORINDA LIBRARY AUDITORIUM
A. CALL TO ORDER / ROLL CALL:
Mayor Malkani called the Regular Meeting to order at approximately 7:00 p.m.
COUNCILMEMBERS PRESENT: Darlene Gee, Cara Hoxie, Janet Riley Vice Mayor Brandyn Iverson, Mayor Latika Malkani
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Malkani
C. ADOPTION OF AGENDA
Mayor Malkani said a public comment was received requesting Item H.3 be moved up on the agenda and the Council agreed to bring it forward, subject to the commenter being present.
MOTION by Councilmember Gee, and seconded by Councilmember Hoxie, to adopt the agenda, as amended. Said motion carried by unanimous (5-0) vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Recognition of Lin Look, Children's Librarian - 26 Years of Service Mayor Malkani recognized Lin Look, the Children’s Librarian for her 26 years of service.
She asked Ms. Look and Michael Beller, Orinda Librarian, to come forward to the podium.
Michael Beller, Orinda Librarian, recognized Ms. Look for her 26 years’ of service, cited the success of the library due to her dedication and involvement, and spoke of her many contributions.
Mayor Malkani and Councilmembers thanked Ms. Look for her service, and presented a proclamation in recognition of her 26 years’ of service.
D.2. Proclamation Declaring May as Wildfire Prevention Awareness Month Orinda City Council Minutes Page 2 of 11 05.06.25
Mayor Malkani presented the Proclamation declaring May as Wildfire Prevention Awareness Month. She recognized the work of Orinda staff, community, and fire officials in creating defensible space, removal of fuels, knowing evacuation routes, educating the community, and other work.
D.3. Proclamation Declaring May as Jewish American Heritage Month Mayor Malkani presented and read portions of the Proclamation declaring May as Jewish American Heritage Month.
D.4. Proclamation Declaring May as Asian Pacific American Heritage Month
Mayor Malkani presented and read portions of the Proclamation declaring May as Asian Pacific American Heritage Month.
D.5. Orinda Association Annual Report
Mayor Malkani confirmed with the City Manager that the Council will not hear this report tonight. One presenter is unable to make the meeting tonight and requested the OA be placed on the June 3rd agenda.
D.6. East Bay Municipal Utility District Presentation on Budget and Associated Rates
Margarite Young, EBMUD Board President and Ward 3 representative, provided a brief background on EBMUD, described their major upgrade at the Water Treatment Plant, pipeline replacement projects, construction of Happy Valley and Sunnyside Pumping Plants this summer, and continued management of their watershed. EBMUD’s budget process is moving forward now, and Budget Manager Sam Feldman will provide a short PowerPoint presentation and answer questions.
Sam Feldman, EBMUD Budget Manager, gave a PowerPoint presentation and described EBMUD’s mission, challenges, investments in reliability of wastewater, aging infrastructure, water quality, climate change and resiliency, fiscal responsibility, investments in service, specific costs of service studies and rates.
New rates are effective July 1st pending Board approval where the median SFR water bill will increase by about 12 cents per day in FY26 and another 14 cents per day in FY 27, and median SFR wastewater treatment bill will increase by 8 cents per day in FY26 and another 8 cents per day in FY27. He then described EBMUD’s Customer Assistance Program (CAP), next steps, and schedule of milestones to date.
Councilmembers posed questions and received feedback regarding fire hydrants and pressure issues, pumping capacity from reservoirs and water reserves at San Pablo, Briones, Lafayette, and upper San Leandro where they can arrange for tankers to do air water drops, and questions regarding annualized cost and a percentage increase which was confirmed for average, low and high-water users, and vegetation management collaboration between the City and EBMUD.
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Mayor Malkani opened the Public Forum, and there were no speakers.
E. PUBLIC FORUM
Marcela Ossenfeld, Orinda resident, thanked the Council for having public pickleball in Orinda but said the recent resurfacing of the courts has made the lines and placements a bit messy and “tennis-forward.” She asked that the City give Court 1 as an option for a dedicated pickleball court and consider having another dedicated space for pickleball users.
City Clerk Smith announced a public comment was received from Nick Waranoff.
F. CONSENT CALENDAR
Mayor Malkani asked if there were any requests for removal of items, and Items F.5 (Hoxie) and Item F.6 (Vice Mayor Iverson) were requested to be pulled from the Consent Calendar. There were no public comments.
F.1. Minutes Approval
Recommendation:
Approve City Council Minutes:
1. April 7, 2025 Closed Session
2. April 7, 2025 Regular Meeting
3. April 15, 2025 Closed Session
4. April 15, 2025 Regular Meeting
F.2. Quarterly Investment Report for Quarter Ending March 31, 2025 Recommendation:
Accept the Quarterly Investment Report for the period ending March 31, 2025.
F.3. Third Quarter Fiscal Year 2024-2025 (July 2024 - March 2025) General Fund Report of Budget to Actual
Recommendation:
Receive the report and file.
F.4. Temporary Full Road Closure of Portions of Glorietta Boulevard for EBMUD Pipeline Replacement Project
Recommendation:
Adopt Resolution 25-25 (Traffic Order #237) Authorizing the Temporary Full Road Closure of Portions of Glorietta Boulevard between Parkway Court and Overhill Road
MOTION by Councilmember Hoxie, and seconded by Vice Mayor Iverson to approve Consent Calendar Items F.1.1-F.1.4, F.2, F.3, and F.4. Said motion carried by unanimous (5-0) vote.
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Item Removed from the Consent Calendar:
F.5. Approval of Fiscal Year 2025-26 SB1 Road Repair and Accountability Act Project List
Recommendation:
Adopt Resolution 26-25 Approval of Fiscal Year 2025-26 Project List as Required by the Road Repair and Accountability Act of 2017 Councilmember Hoxie asked how the project list is developed and what happens if a road has been torn up by a utility and is not repaired to standard. She cited instances of signs where a road is closed when it is not as well as poor noticing to residents. She lastly asked if there is a process for roads to be added to the road repair list.
City Engineer Siva Natarajan explained that generally the City uses Street Saver software program that helps management pavement and staff runs budget scenarios and develops the project lists from it. He then explained temporary versus final paving which is to the City’s standard once projects have been fully completed. He explained all road closures require City Council approval and maintenance staff keeps abreast of inaccurate signs and addresses any inconsistencies. Lastly, there is a way the public can inform staff of damaged roads via the City’s website or by contacting staff. As far as selecting a street to be added to the road repair list, staff can receive requests and take these into consideration based upon their PCI.
Mayor Malkani opened the Public Forum, and there were no speakers.
MOTION by Vice Mayor Iverson, and seconded by Councilmember Gee to adopt Resolution 26-25 Approval of Fiscal Year 2025-26 Project List as Required by the Road Repair and Accountability Act of 2017. Said motion carried by unanimous (5-0) vote.
F.6. Ordinance 25-03 to Amend Chapter 17.21 (Tree Management) of the Orinda Municipal Code
Recommendation:
Waive the full reading and adopt Ordinance 25-03 Amending Chapter 17.21 (Tree Management) of the Orinda Municipal Code.
Mayor Malkani said she pulled the item because there was a speaker card on it.
A speaker said he was having difficulty finding information on the City’s website regarding tree management, thinks the ordinance is confusingly worded, and recommended identifying landslide and erosion risks when removing trees.
Associate Planner Darin Hughes pointed out that soil erosion is something considered within findings. It is a standard used which is applied to any tree removal permits and is under Permit Category I-Protected trees on properties not involving a development application, the first finding, which he read.
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Mayor Malkani pointed out that the ordinance language being changed is identified on pages 141 through 164 of the packet. She then described the background leading to revisions relating to residents losing insurance and the need for a more user-friendly process for removal of certain vegetation.
Councilmember Riley asked and confirmed with Mr. Hughes that redwood trees have not been considered to be protected trees and this will be returned in another year or two during a more comprehensive update as well as when MOFD updates its ordinance.
Mayor Malkani opened the Public Forum, and there were no other speakers.
Councilmember Hoxie commented that trees are important to the climate and community for many reasons. She appreciates the need for the exemption to account for insurance and other issues, but recommended balancing that with the importance of trees to the environment.
Mayor Malkani agreed, thanked the speaker for raising important comments, and said staff can address locating the information on the City’s website for the speaker.
MOTION by Councilmember Hoxie, and seconded by Councilmember Gee to waive the full reading and adopt Ordinance 25-03 Amending Chapter 17.21 (Tree Management) of the Orinda Municipal Code. Said motion carried by unanimous (5-0) vote.
F.7. Parcel Map for Subdivision MS 2024-003 Urban Lot Split at 181 Camino Pablo
Recommendation:
Adopt Resolution No. 27-25, Approving Parcel Map for Subdivision MS 2024-003 Urban Lot Split at 181 Camino Pablo
City Manager Smith noted staff was able to get the parcel map to display on the screen.
Vice Mayor Iverson said she felt the graphics and material did not allow her to make an informed decision and asked if they had a better picture. City Manager Smith displayed the parcel map, and City Engineer Siva Natarajan noted this is a picture looking through their GIS system and by no means should this be used as a specific document by any entity to determine the actual lot configurations. This is representative of where the lot split would occur. The lot on the top side is Lot A and the bottom piece is Lot B. There is an easement on the northwest side of the top lot that allows access to the back lot there.
City Manager Smith explained that this lot already has two homes on it and the owners are splitting the lot to provide one home per lot. They could take advantage of other State laws to allow ADUs or something additionally, but at this time they are proposing a lot split.
Mayor Malkani opened the Public Forum, and there were no speakers.
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MOTION by Vice Mayor Iverson, and seconded by Councilmember Riley, to adopt Resolution No. 27-25, Approving Parcel Map for Subdivision MS 2024-003 Urban Lot Split at 181 Camino Pablo. Said motion carried by unanimous (5-0) vote.
G. PUBLIC HEARING
G.1. Minor Zoning Text Amendments to Comply with State Law, including Accessory Dwelling Units (ADUs), Emergency Shelters, Low Barrier Navigation Centers, Residential Care Facilities, Transitional and Supportive Housing, and Employee/Farmworker Housing
Recommendation:
Waive the full reading of the text amendment and introduce Ordinance No. 25-02 to approve the Zoning Text Amendments related to Orinda Municipal Code §17.2.3 (Definitions), Schedule 17.3.3 (RVL, RL and RM Districts - Land Use Regulations), §17.3.4 (Accessory Dwelling Units (ADUs)), §17.4.33 (Senior Housing Overlay District (SH-Overlay) development standards), Schedule 17.9.2 (PS District - Land Use Regulations), and §17.9.4 (Additional development regulations for emergency shelters); and 2) Find this ordinance is not subject to the California Environmental Quality Act (“CEQA”) and direct Staff to file a Notice of Exemption.
Assistant Planner Celina Palmer gave the staff report and overview of the request for minor zoning text amendments to comply with State law, including ADUs, emergency shelters, low barrier navigation centers, residential care facilities, transitional and supportive housing, and employee/farmworker housing. All proposed changes are Statemandated and have been presented to the Planning Commission for a recommendation to the Council.
Staff recommends the Council waive the full reading of the text amendments and introduce Ordinance No. 25-02, find the ordinance is not subject to CEQA, and direct staff to file a Notice of Exemption.
Councilmember Hoxie asked what would happen if the City did not adopt these changes.
City Attorney Osa Wolff explained the City is required to comply with State law. In the City’s adopted Housing Element which was certified by HCD, the City commits to taking these actions. The City would not therefore be in compliance with its Housing Element if not passed.
Vice Mayor Iverson referred to page 204 and said there is a term about having up to eight ADUs on a multi-family parcel if that does not exceed the number of pre-existing units.
She asked what that situation might look like. Ms. Palmer stated a certain number of ADUs are allowed depending on the number of units that exist on the parcel. City Attorney Wolff added that ADUs in a multi-family context are basically more stand-alone multifamily units.
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Vice Mayor Iverson asked if Section 17.34 states that you cannot require parking and she wondered if Orinda could be pushing street parking as a solution which the law encourages where they have Red Flag parking problems. Ms. Palmer said this specifically does not require on-site parking spaces. A project could still have them but it is just not a requirement for ADUs in specific situations.
Planning Director Lashun Cross clarified that vehicles could move to on-street parking, but they want to encourage parking where they can and where they are willing.
Mayor Malkani opened the Public Forum, and there were no speakers.
MOTION by Councilmember Gee, and seconded by Councilmember Riley, to waive the full reading and introduce Ordinance No. 25-02 to approve the Zoning Text Amendments related to Orinda Municipal Code §17.2.3 (Definitions), Schedule
17.3.3 (RVL, RL and RM Districts - Land Use Regulations), §17.3.4 (Accessory Dwelling Units (ADUs)), §17.4.33 (Senior Housing Overlay District (SH-Overlay) development standards), Schedule 17.9.2 (PS District - Land Use Regulations), and §17.9.4 (Additional development regulations for emergency shelters); and 2) Find this ordinance is not subject to the California Environmental Quality Act (“CEQA”) and direct Staff to file a Notice of Exemption. Said motion carried by unanimous (5-0) vote.
Re-Arrange Agenda
MOTION by Mayor Malkani, and seconded by Councilmember Riley, to re-arrange the agenda to hear Item H.3. Said motion carried by unanimous (5-0) vote.
H. POLICY MATTERS
H.3. License Plate Reader Cameras - Review of City Efforts and Request from Knickerbocker Neighborhood Resident
Recommendation:
Receive the report and provide direction on the inclusion of additional LPR cameras in the upcoming budget.
City Manager Smith provided background on the matter and noted Evan Dryer believes the two private LPR cameras in the Knickerbocker neighborhood have proven helpful and he is requesting the Council consider taking over the operation of those two cameras.
She met with Police Chief Rossi to discuss the request, reviewed the current inventory of the LPR cameras, said they have 7 currently installed and 2 they are trying to install, and they discussed what they wanted to see long term.
At this point, because the ingress and egress areas surrounding the Knickerbocker neighborhood are covered by existing LPR cameras, staff does not believe additional publicly owned LPR cameras are necessary in order to provide coverage for that neighborhood.
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City Manager Smith then provided an overview of LPR cameras, said she and the Chief are proposing an additional 15 public locations within the City to address ingress and egress from all neighborhoods, and said the cost of adding cameras is approximately $55,000 for the physical equipment and the annual cost of $45,000 for the additional 15 cameras. Staff is recommending the Council include these 15 cameras in the upcoming draft budget and staff is working to hopefully obtain federal funding appropriated from Congressman DeSaulnier to help pay for the first year of additional cameras.
At this time, staff would not recommend the two privately owned cameras Mr. Dryer is requesting the Council consider but instead to consider the installation of 15 new publicly owned cameras that are strategically placed in the community.
Councilmember questions ensued regarding the location of the 15 cameras, assistance provided to Police in locating wanted vehicles or information regarding investigations and crimes, privately funded cameras at residences which are the same kind of LPR cameras, and technology upgrades which are useful to police for the 15 cameras, sharing of information from homeowners, requirement to obtain permission to place cameras on private property, benefits of cameras in solving crime when investigations are done by police, concerns with funding cameras for private properties, potential redundant coverage of existing cameras, installation timeframe of approximately six months, the use of cameras during wildfire evacuation and ensuring contraflow is working, use of the Smart Signals project with CCTV cameras which are uni-directional and manned, and other types of cameras at private residences such as Ring.
Mayor Malkani opened the Public Forum.
Evan Dryer thanked Chief Rossi and his staff for the time spent on this, as well as City Manager Smith and her work in responding to his emails. He cited statistics of cases of thefts and robberies since March 5, 2024 and two high profile incidents, and said since installing cameras in the Knickerbocker neighborhood in July, there have been none of these incidents. He urged the Council to approve the 15 proposed cameras, requested removing contingencies to funding for more, spoke about areas not covered, trends since 2010, and asked to prioritize funding for police.
Jeff Bloom, El Toyonal, said he knows many HOAs have been in discussion with a focus on crime and Neighborhood Watch with police and noted the Police Department worked with Orinda Woods to place cameras. He understands the dilemma of everybody installing cameras with overlap but suggested the City have cameras installed and consider taking over cameras that are installed privately throughout the City.
Mayor Malkani closed the Public Forum and turned to Council deliberation.
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Council deliberation ensued regarding approval of 15 cameras, consideration to include additional neighborhood cameras for more safety and security, waiting to get the 15 cameras installed to judge their adequacy, the need for Council policy for consideration of funding private residential cameras, testing the 15 cameras and their coverage, actual burglary and theft statistics, the Police Budget and the funding for an additional Deputy in the Police Services contract, and overall concerns with funding cameras for private properties using public funds.
City Manager Smith confirmed Council direction to include the 15 cameras in the budget which will be presented in the next item. Staff can then look at the success of the cameras and report back to the City Council in a year on progress made. At that time, the Council can consider proposing public/private cost sharing and any proposed policies.
H.1. Proposed Biennial Budget for Fiscal Years 2025-26 and 2026-27 Recommendation:
Receive the report, discuss and provide direction on any adjustments or changes to be incorporated into the Final Budget to be presented for adoption June 3, 2025.
City Manager Smith introduced the item and recognized Finance staff for development of the budget.
Administrative Services Director/Assistant City Manager Doug Alessio gave the staff report and PowerPoint presentation on the proposed Biennial Budget for FY 2025-26 and 2026-27. He noted that on the Consent Calendar was the third quarter finance update and results revealed that the City is on track. The City should exceed revenue expectations by a bit and come in a bit under expenditures, which he described.
Mayor Malkani and Councilmembers thanked Mr. Alessio for the presentation.
Councilmember questioned were posed regarding risks for the future and the need to monitor FEMA and other federal funding, confirmation that staff actively monitors state and federal funding, tracking of the City Attorney budget (page 37) and costs borne by Measure R, by gas tax, the General Fund’s long-term planning fund, and affordable housing, the budget as healthy and being in line with trend data.
EXTEND MEETING
MOTION by Mayor Malkani, and seconded by Vice Mayor Iverson, to extend the meeting at 9:57 p.m. to 10:30 p.m. Said motion carried by unanimous (5-0) vote.
Mayor Malkani opened the Public Forum, and there were no speakers.
Mayor Malkani and Councilmembers thanked Mr. Alessio and Finance staff for their work on the budget.
H.2. Proposed Draft Capital Improvement Plan
Recommendation:
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Review, discuss, and provide comments on the proposed Draft Capital Improvement Plan (CIP).
Public Works Director Scott Christie gave the staff report, overview and PowerPoint presentation of the proposed Draft CIP for FY 2025-26 to 2029-30 as well as the 2024- 25 year which is ending and prior expenditures. The City has about 53 projects and $21 million to be expended in two years.
Mr. Christie said staff is recommending not moving forward with the Glorietta Raised Crosswalks project, not accepting the grant for $200,000, noting the City would have had to pay $100,000 in local funds to provide that project. The justification for the project was to facilitate safe crossing at Martha and Glorietta during the peak school drop-off and pickup hours.
Mr. Christie then described balancing sources for projects, keeping abreast of restrictions, and hopefully coming in at the end of the year with a non-zero balance, and decreased revenues include gas tax, drainage impact fees, and solid waste fees (Funds 200, 310, 335). He then reviewed key pages in the presentation, line-item descriptions, fund balances, detail pages for each project, projects that require federal or state funding (CTPL), and other projects which could be brought forward and funded per Council direction.
Councilmembers posed questions regarding concerns with removing the raised crosswalk project, confirmation that the project costs account for design and construction of the entire project, some areas where grant funding has not been received, questions why the City will spend less in the CIP in the second year which they confirmed is because of higher expenditures in the previous fiscal year for the Smart Signals project and Category A Storm Drain Project, potential increases in costs in labor and materials, and deferring certain projects if high bids are received,
Mayor Malkani opened the Public Forum, and there were no speakers.
Councilmembers deliberated on removal of the raised crosswalk project, with some Councilmembers disagreeing that the area is not that busy after school during sports and other activities, the lack of use of the crosswalk during these times, the potential for expectations of other schools, and Councilmembers agreed the area was not at all busy when school is closed.
Councilmember Hoxie referred to fire hydrants which are not on the CIP and she wondered if the City could find grant funding for them given the current concern regarding fire. City Manager Smith agreed to report back as she would need to better understand the relationship between the water agency, responsibilities of MOFD, and what the responsibilities of the City are before making any recommendation to include or not include something in the CIP.
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Mayor Malkani referred to comments regarding Pickleball and did not believe any changes needed to be made to the CIP. City Manager Smith said some comments related to striping and she will try to work with Mr. Trimble to determine where this is coming from and what the confusion might be around that.
Vice Mayor Iverson said the CIP states it is a design cost for a location. She asked that it be more of a general earmark for a Pickleball solution, and Councilmembers agreed.
She then referred to the Infrastructure Subcommittee and asked if an allowance was needed for any soft design costs or anything anticipated to be brought to the Council.
Mayor Malkani confirmed that this would come to the Council.
Vice Mayor Iverson noted that she had a comment to the City Manager that the last 3 or 4 pages in the back of the book were her favorite part. She asked the City Manager to think of a process to have those conversations return to the Council. City Manager Smith said staff can daylight opportunities or provide the Council with opportunities earlier in the process to weigh in on that and talk internally about the call for projects for the year.
Mayor Malkani and Councilmembers thanked Mr. Christie and staff for development of the CIP.
I. COUNCILMEMBER REPORTS – Mayor Malkani reported on the great Orinda Wildfire Community Education night last week with 200 people in attendance with fire personnel presenting and two Councilmembers and staff present.
J. CITY MANAGER'S REPORT – May 17th is the Wildfire Preparedness Fair and State Farm will be at the fair.
K. MATTERS INITIATED – Mayor Malkani said June is Pride Month and she believes there will be a proclamation. In addition, the City typically raises a pride flag, so she asked for this to be agendized.
MOTION by Mayor Malkani, and seconded by Councilmember Gee, to agendize approval of a Proclamation declaring June as Pride Month in Orinda and raising the Pride Flag. Said motion carried by unanimous (5-0) vote.
L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 10.30 p.m. to the Special City Council Meeting on Tuesday, May 07, 2025 at 7:00 p.m.
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Sheri Marie Smith, City Clerk