Orinda City Council Minutes Page 1 of 19 07.15.25
JULY 15, 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: Cara Hoxie, Janet Riley, Darlene Gee Mayor Latika Malkani, Vice Mayor Brandyn
Iverson
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Malkani
C. ADOPTION OF AGENDA
MOTION by Councilmember Hoxie, and seconded by Vice Mayor Iverson, to adopt the agenda. Said motion carried by unanimous (5-0) vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Proclamation Designating July 2025 as Park and Recreation Month in the City of Orinda
Mayor Malkani read portions of the proclamation into the record and expressed gratitude to the Parks and Recreation Department. She presented the proclamation to Todd Trimble, the Director of Parks and Recreation and he thanked the Council for the recognition.
Mayor Malkani opened the Public Forum, and there were no speakers.
E. PUBLIC FORUM
There were no speakers, and Mayor Malkani stated the Council received one written comment from Nick Waranoff.
F. CONSENT CALENDAR
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Mayor Malkani requested removal of Item F.9. Councilmember Gee requested removal of Item F.3. She asked and confirmed there were no requests for removal of items and no public comments.
F.1. Minutes Approval
Recommendation:
Approve City Council Minutes:
1. June 10, 2025 Special Workshop
2. June 17, 2025 Closed Session
3. June 17, 2025 Regular Meeting
4. July 1, 2025 Special Meeting
F.2. Adoption of Two-Year Strategic Plan
Recommendation:
Adopt the City of Orinda's Two-Year Strategic Plan.
F.4. Public Hearing to Consider Resolution to Adopt a General Plan Amendment to Reclassify Wilder Road as a Collector Road in Table
2.1 Recommendation:
Adopt Resolution No. 28-25, Amending the General Plan to Include Wilder Road as a Collector Road in Table 2.1 "City of Orinda Roadway Functional Classification."
F.5. Public Hearing to Consider Vacation of Public Right-of-Way for a Portion of Wilder Road
Recommendation:
Adopt Resolution No. 39-25, Approving the Vacation of the Public Rightof-Way on a 24,561 Square-Foot Portion of Wilder Road at its Southern Terminus, and Reserving Necessary Easements.
F.6. Declaration of Exempt Surplus Land at Southern Terminus of Wilder Road and Authorization to Transfer to the Orinda Geologic Hazard Abatement District (GHAD)
Recommendation:
Adopt Resolution No. 42-25 Declaring 24,561 Square Feet at the Southern Terminus of Wilder Road as “Exempt Surplus Land” and Authorizing the Transfer to the Orinda Geological Hazard Abatement District (“GHAD”).
F.7. Award Construction Contract to Miksis Services Inc. for Drainage Facilities Improvement (CIP #4111)
Recommendation:
Award a construction contract to Miksis Services Inc. for an amount of $123,105 for storm drain lining on Orinda Way, authorize a contingency of 15%, and authorize City Manager to execute access and cost sharing agreements with Chevron USA Inc. for said work.
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F.8. Parcel Map for Subdivision MS 2024-001 Urban Lot Split at 88 Sunnyside Lane
Recommendation:
Adopt Resolution No. 40-25, Approving Parcel Map for Subdivision MS 2024-001 Urban Lot Split at 88 Sunnyside Lane, Orinda, CA.
MOTION by Councilmember Riley, and seconded by Councilmember Gee to approve Consent Calendar Items F.1.1-F.1.4, F.2, F.4, F.5, F.6, F.7, and F.8. Said motion carried by unanimous (5-0) vote.
Items Removed from the Consent Calendar:
F.3. Regional Advocacy Agreement with Townsend
Recommendation:
Authorize the City Manager to enter into a Regional Advocacy Agreement with the City of Lafayette, the Town of Moraga and Townsend Public Affairs.
Councilmember Gee pulled the item to thank the City Manager and Councilmembers, stating this is an incredible move forward for the community in working together with Lafayette and Moraga.
Mayor Malkani opened the Public Forum, and there were no speakers.
MOTION by Councilmember Gee, and seconded by Councilmember Hoxie to approve Consent Calendar Item F.3. Said motion carried by unanimous (5-0) vote.
F.9. Remove Existing “No Left Turn” Sign from southbound Moraga Way at Ivy Drive (North) Intersection and Install a New “No Right Turn” Sign at southbound Ivy Drive and Ardith Drive Intersection Recommendation:
Approve Resolution 41-25 (Traffic Order 238) to authorize the following:
1) Remove existing “No Left Turn” signs at southbound Moraga Way/Ivy Drive (north) intersection and Rescind Resolution 15-02 (Traffic Order 115);
2) Change existing time restriction on “No U-Turn/No Left Turn” signs on southbound Moraga Way at Southwaite Court on school days to 7:30 a.m. to 8:30.a.m., Weekdays Only and Rescind Resolution 41-12 (Traffic Order 155);
3) Change existing time restriction on “No U-Turn/No Left Turn” signs on southbound Moraga Way at Whitehall Drive on school days to 7:30 a.m. to 8:30.a.m., weekdays only and Rescind Resolution 42-12 (Traffic Order 156); and
4) Install new “No Right Turn” sign at southbound Ivy Drive at Ardith Drive restricting turn movements on school days from 7:30 a.m. to 8:30.a.m., weekdays only.
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Public Works Director Scott Christie gave a brief staff report and PowerPoint presentation of the matter.
Vice Mayor Iverson inquired whether residents on Ardith Drive had provided input regarding the proposed right-turn recommendation. Mr. Christie indicated that a few comments had been received.
Councilmember Hoxie raised concerns about the traffic study's validity, noting it was conducted on a school finals day (Friday, May 24), which may have resulted in atypically low traffic. She also observed that the limited number of left turns recorded between 7:00–8:00 a.m. could be attributed to an existing “No Left Turn” sign.
Councilmember Gee emphasized the complexity of the traffic issue, likening it to a situation where addressing a problem in one area causes new problems elsewhere.
She sought clarity on the core problem being addressed—whether it was related to changes in Miramonte’s schedule or access to OIS—and acknowledged the broader challenges of managing peak-time traffic in neighborhoods.
Mr. Christie explained the issue stems from multiple factors, including early arrival times for Miramonte students and staff. He noted the current left-turn restriction prevents legal access during early hours, and the proposed modification would alleviate this.
Vice Mayor Iverson shared student feedback that congestion on Moraga Way leads drivers to use Ardith and Ivy as alternate routes to bypass inefficient traffic signals. She and Councilmember Hoxie discussed the feasibility of alternate routes (e.g., Coral) and their impact on commute times.
Councilmember Gee suggested evaluating the stop sign configuration at Ardith and Coral, specifically considering a four-way stop. Mr. Christie confirmed this has been reviewed and a consultant will be engaged to assess the intersection.
Councilmember Hoxie raised the need to complete the sidewalk along Coral to Moraga Way. Mr. Christie stated this could be considered in a future Capital Improvement Project (CIP), pending support.
Mayor Malkani referred to cut-through traffic analysis and questioned the destinations of drivers turning left—whether they are heading to OIS or continuing to Miramonte. Mr.
Christie responded that the consultant may have used cell phone and traffic volume data, but he would need to confirm.
Regarding traffic signal timing, Mayor Malkani asked about measures taken to improve flow. Mr. Christie explained adjustments involve changing phase durations and vehicle queuing times. These are reviewed periodically and can be further evaluated.
Councilmember Riley asked whether changing the hours of the left-turn restriction had been considered as an alternative to removing the sign entirely. Mr. Christie suspected it had been discussed but would confirm with the consultant.
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Mayor Malkani opened the Public Forum, and she noted written comments were also received on the matter.
Tim Silviera, 64 Ivy Drive, emphasized that traffic changes made in 1999, including the "No Left Turn" sign on South Orinda, were implemented for neighborhood safety. He urged that the sign remain in place, warning that its removal would increase cut-through traffic, and believes the traffic issue is unresolvable due to the volume of cars.
Doreen Marr, Ivy Drive, said she participated in all meetings when changes were made, cited many changes over the years with Fehr and Peers doing studies and problems with traffic, rear-ending, kids getting hit, etc., and she asked not to remove the “No Left Turn” sign.
Emily Wax-Polkari,182 Ardith Court, raised concerns about traffic congestion and safety near OIS and Miramonte Schools. She recommended staggering school start times by 30 minutes to improve the effectiveness of “No Left Turn” signs. She strongly opposed reopening Coral Drive as a cut-through due to safety risks, including a blind intersection and lack of sidewalks. She urged the City to prioritize pedestrian safety improvements on Coral Drive immediately, without waiting for lengthy studies.
Lisa Rudolph, an OIS teacher and parent, supported addressing traffic issues, particularly due to Miramonte student cut-throughs. She noted light traffic from 7–8 a.m. but heavy congestion between 8 and 8:30 a.m. She opposed changing OIS start times, citing disruption to schedules. She raised serious safety concerns about Coral Drive, citing delays, a blind hill, and heavy pedestrian use, especially by children. With many families using Coral for early OIS programs, she called for continued dialogue and comprehensive safety solutions around schools and Moraga Way.
Karen Lum-Mackley, 93 Coral Drive, a retired pediatrician, stressed student safety and supported keeping the “No Left Turn” sign. She highlighted hazardous conditions near the OIS walkway and noted her four-year involvement in traffic mitigation efforts.
Pointing out that 73% of residents were unaware of the sign, she questioned the relevance of the decades-old decision and urged for a more inclusive, transparent process instead of unilateral changes.
Chris Gurit, 60 Ivy Drive, shared results from a personal traffic survey near OIS, noting 134 vehicles passed straight through the Ivy Drive stop sign toward Miramonte, totaling over 24,000 trips annually—a major safety concern. Only 48 vehicles came from Coral Drive, showing less southern traffic. He reported 471 total trips during the count despite 800 students and 14 buses, highlighting the need to reduce vehicle volume near bus stops and sixth graders. He also compared travel times, noting it took 9 minutes via Coral versus 2 minutes via Ivy Drive, underscoring safety and time trade-offs.
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Page Mittler, a parent of students at Miramonte and OIS, clarified the traffic study took place during "dead week," not finals. She shared how the “No Left Turn” restriction impacted her family, making it difficult for her Miramonte student to drop off younger siblings on time. She noted the alternative route was too slow. Ms. Mittler expressed concern that allowing left turns between 8:00 and 8:30 a.m. leads to heavy cut-through traffic from Miramonte students and questioned whether partial restrictions could effectively resolve the issue without a full-time “No Left Turn” from Moraga onto Ivy Drive.
Mayor Malkani said when Ms. Mittler said a parent’s Miramonte child who was trying to drop OIS children early, she asked and confirmed it was before 8 a.m.
Whitney Marr, 54 Ivy Drive, noted that during a Zoom call with 41 neighborhood members, the majority did not support keeping the “No Left Turn” sign, suggesting some attendees tried to flood the meeting to push their views. He emphasized the long effort put into the issue, encouraged collaborative problem-solving, and stated that input from 600 people could generate many ideas. He urged the Council not to remove the “No Left Turn” sign.
Councilmember Gee asked if there was consideration given to changing the hours of the “No Left Turn” sign.
Council discussion ensued regarding the following:
Traffic Timing & School Start Times:
Vice Mayor Iverson and Councilmembers noted that changing OIS school start times isn’t feasible due to tight schedules and impacts on teachers and after-school activities.
The 7–8 a.m. “No Left Turn” sign was originally to reduce Miramonte cut-through traffic before school but now is less effective because Miramonte starts later (8:30 a.m.).
Congestion between Ivy Drive and Miramonte is problematic, and removing the sign might increase traffic.
Traffic Study Validity:
Councilmember Riley and others questioned the timing and reliability of the traffic study, noting it was conducted during “dead week,” and existing signs may have influenced driver behavior, casting doubt on data accuracy.
Neighborhood Concerns vs. Traffic Flow:
Councilmember Hoxie emphasized protecting the quiet of Ivy Drive residents from early morning traffic, favoring keeping the “No Left Turn” sign to maintain neighborhood calm.
Vice Mayor Iverson countered that maintaining the sign solely for neighborhood quiet enjoyment isn’t sufficient justification, especially if it inconveniences those legitimately trying to get to school.
Proposed Traffic Measures:
• Trial of a “No Right Turn” on Ardith to discourage cut-through traffic, along with possible speed bumps (currently disallowed by Fire Department).
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• Consideration of a 4-way stop at Ardith and Coral, pedestrian safety improvements like sidewalks, especially on Coral Drive due to children walking. • Acknowledgment that long-term infrastructure improvements will need to be budgeted and planned.
Safety Concerns:
Councilmembers agreed pedestrian safety is critical, given the number of children walking in the area and teenage drivers using shortcuts.
Balancing Cut-Through Traffic and School Access:
Vice Mayor Iverson framed the challenge as balancing Miramonte students’ shortcut traffic with the need for OIS students, buses, and pedestrians to arrive safely and on time. Councilmember Hoxie stressed that the cut-through issue and the early morning traffic calming measure are separate and should be addressed individually.
Next Steps:
The Council leaned toward approving a pilot program adjusting signs (including removing the “No Left Turn” from 7–8 a.m., trying “No Right Turn” on Ardith) with continued monitoring and community input. They emphasized the difficulty of the problem due to multiple schools in close proximity starting within the same timeframe.
City Manager Smith asked if there is a way to de-couple the “No Left Turn” on Ivy from the other safety improvements staff is also recommending tonight so the City could spend more time on that matter. Mr. Christie said it is possible; however, they might want to entertain the idea of giving staff some flexibility on adjusting the time to be more in-sync because leaving it at the same time does not serve the purpose.
Mayor Malkani suggested shifting the “No Left Turn” sign restriction to 6:45–7:45 a.m., aiming to allow OIS teachers and students to arrive by 8 a.m. while preserving a quiet period for residents.
City Manager Smith said because school starts soon, staff asked if the Council could agree on certain immediate improvements and defer the more controversial “No Left Turn” issue on Ivy Drive for later discussion. Since this was not agendized separately, staff recommended no changes to the sign tonight unless consensus emerged, and suggested a potential medium-term time adjustment.
Vice Mayor Iverson expressed concern that the Council may not be equipped to iterate effectively on this complex issue, and noted TSAC had spent two years reviewing it.
She supported staff’s full recommendation but her motion lacked a second and it died.
Councilmember Riley questioned the validity of the traffic study because the sign was in place during data collection. She proposed temporarily removing the “No Left Turn” sign for a week to gather clearer data.
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City Manager Smith suggested that without a Council motion, staff could return with options including a temporary lift of the “No Left Turn” sign during the school year for better data, and explore other safety improvements. Recommended no action tonight but direction to continue study.
Vice Mayor Iverson’s Cautioned that changing signs abruptly during the school year risks confusion and traffic citations; suggested a longer-term trial (3 months) with good public communication.
Councilmember Gee emphasized desire for a comprehensive approach, including safety improvements at Coral/Ardith intersection and sidewalks, even if funding isn’t immediately available. Asked for clearer data on who needs to get where and when.
Councilmember Hoxie suggested using the 2x2 committee to discuss OIS start times and related traffic needs with the school district superintendent. Vice Mayor Iverson Preferred that TSAC directly engage with the Superintendent to avoid delays, rather than waiting for the biannual 2x2 meetings.
Mayor Malkani noted lack of majority support for any change today but recognized interest in revisiting the issue soon. Asked City Manager for guidance on what should return to Council.
City Manager Smith heard a desire for a more holistic approach, including school safety, sight distance, stop signs, sidewalks, and additional traffic analysis. She offered to return with a limited Traffic Order proposal (e.g., temporarily removing the “No Left Turn” sign) for study purposes.
Councilmember Riley requested a separate study session with the traffic consultant and staff to review the study methodology and goals. She suggested inviting the school district, but Mayor Malkani preferred the session be limited to the Council.
Vice Mayor Iverson asked City Manager to confirm with the Fire Department if speed bumps could be reconsidered on Ardith, as TSAC’s current blanket ban is due to evacuation routes, and Ardith might be an exception.
Councilmember Riley said she is struggling with how the study was done when the sign said do not turn left. Mr. Christie said in hindsight, he would have invited the traffic consultant tonight and he cannot precisely answer the question on how they do that.
He can look at windows around it and draw conclusions based on overall traffic patterns, but he acknowledged the question and was not sure how that process works.
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City Manager Smith said if there is no desire for a Councilmember to make another motion, staff could receive direction to take this back and look at other things, such as better understanding it, put in place a limited Traffic Order during the school year so they can measure the 7 to 8 a.m. traffic and return to the Council. All of these things should not occur tonight, and if there is no thought of de-coupling the first item in the Traffic Order for the remainder of items, she would suggest not taking action on any recommendations and give staff direction. For example, there could be a temporary lift of the “No Left Turn” sign to do additional study.
Councilmember Riley asked if the Council could agendize a separate study session in the Sarge Room with the traffic consultant to get more information. She would also add direction to obtain more information from the person who conducted the study and an answer as to what they are trying to achieve and what does this achieve if the sign is taken away.
Councilmember Hoxie suggested the school district also be invited for the study session, and Mayor Malkani was opposed to this and felt strongly that it should only be the City Council. She recommended obtaining more data on the number of students at Miramonte and OIS have reasons to be at school before regular start times.
Vice Mayor Iverson asked before the meeting if the City Manager could reach out to the Fire Department. She knows TSAC has a blanket “No speed bumps” rule so she did not want to get a “no” before asking the question because Ardith is so different from the evacuation route problem that created that prohibition, so this would be a very helpful solution to discuss this.
City Manager Smith asked if the Council was interested in the limited Traffic Order as part of the analysis or just talk about it and give further direction on that from the study session.
Mayor Malkani said Items 3 and 4 are the Southway Court and Whitehall Drive “No Left Turn” signs, and it is changing the hours from 7 to 8 to 7:30 to 8:30 a.m. She thought she heard consensus on that. Vice Mayor Iverson said they could change the time, but all Councilmembers agreed to evaluate it with the other items.
City Manager Smith confirmed staff has direction to agendize a study session and hold more discussion around the issue.
G. PUBLIC HEARING – None.
H. POLICY MATTERS
H.1. Study Session: Inclusionary Housing Ordinance - an Implementing Action of the Housing Element
Recommendation:
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Receive a report on the Economic Feasibility and Market Study for a potential inclusionary housing ordinance. Provide direction on preliminary recommendations.
Christine Thomson, Principal Planner, gave the staff report and overview of the Inclusionary Housing Ordinance which is an implementing actions of the Housing Element, as well as the Economic Feasibility and Market Study. The charge of the City is to evaluate inclusionary housing ordinances as a way to increase affordable housing in town. It is also to decide if this is an appropriate policy objective for the City.
She noted that the consultant is present who will talk directly to the study and also the focus group conversation summary memo was included in the packet. She noted Planning staff of Lashun Cross and Darren Hughes are also working on the item and this has been discussed at two prior Council meetings but was kicked off by the certification of the Housing Element in January 2023.
Ms. Thomson explained the background and reasons for adopting an inclusionary housing ordinance, focusing on five key factors like development size, affordable unit percentage, unit mix, in-lieu fees, and development incentives. The Council is currently reviewing an Economic Feasibility and Market Study with preliminary recommendations, seeking direction before moving to a final recommendations memo that includes public input. Next steps include drafting the ordinance, holding a Planning Commission hearing in August, and a City Council hearing in September for final approval.
David Bergman from Lisa Wise Consulting presented the Economic Feasibility and Market Study, explaining the inclusionary housing ordinance (IHO), project timeline, and relevant policies like the Housing Element and MTC’s Transit-Oriented Communities policy. Key study findings cover topics such as inclusionary percentage, project size, income levels, rental vs. ownership, in-lieu fees, affordability controls, and development incentives. Staff recommends the Council provide guidance on these preliminary findings to help prepare a recommendations memo incorporating feedback from the Council, Planning Commission, and the public.
City Manager Smith noted that the Council is already familiar with the issues and suggested focusing on key items like the percentage allocation and in-lieu fee amounts.
She emphasized that each project’s feasibility depends on land values, which may differ from property owners’ expectations. To encourage development, the ordinance should allow flexibility to assess projects individually. She also urged the Council to clarify the policy goals for the in-lieu fee, highlighting how such fees can be pooled with other resources to support more affordable housing through partnerships with non-profit developers.
Councilmember Gee asked if they can designate that the inclusionary housing must be a certain size, such as a 2-bedroom, so it is not all comprised of studio units. Mr.
Bergman said they have to be proportionate to the market rate units so if the development is all 2-bedrooms, they cannot make all affordable units studio units. This goes back to the functionally indistinguishable requirement.
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Councilmember Hoxie said she understands the City cannot go over 15% but asked about their neighboring communities which are as low as 10%, and asked if it related to the TOC policy. Mr. Bergman said it is the TOC policy and where the State is trying to push jurisdictions. 15% seems like a number to not exceed, but the Council would have to justify why they would not go below 15%, particularly with the parking requirement downtown.
City Attorney Wolff clarified that State law now prohibits the City from requiring parking within one-half mile of BART.
Mr. Bergman said the model assumes a lower rate of parking than the code so it is more about reflecting the market. Within the high-quality transportation area, the City may not use its zoning code to impose an off-street parking requirement. So, they could be zero parked. So, realistically, it is also about whether the units would sell or rent with no parking.
Councilmember Hoxie asked if it is MTC policy that keeps the City from separating the two categories of both for sale and rental units. It seems like 15% affects the feasibility of for-sale units at a much higher rate than rental units. Mr. Bergman agreed and said the gap between affordability for for-sale projects and those incomes is greater than it is for rent, but also the single-family in that circumstance is an artifact of the large lot size requirement.
Vice Mayor Iverson asked for more information about the Planning Commission’s input and feedback.
Ms. Thomson explained that some of it was that they had not had those previous discussions, so they were getting into details and were asking basic questions in understanding parameters and how they mix. They were uncertain as to how to mix them because there are toggles and they were not sure what the best set of toggles would result. They asked the question of whether it is required, and it is in the contract with HCD but there are a variety of things that must be implemented. So, it was identified as a low-hanging fruit.
Vice Mayor Iverson asked if there was any consensus or recommendation from the PC and she confirmed with Ms. Thomson that the PC was having a study session, as well.
Mayor Malkani referred to the percentage and asked if the consultant is seeing trends of other jurisdictions looking to amend their inclusionary ordinances, particularly the percentage or pieces to be compliant with TOC policy. Mr. Bergman said there is TOC policy and for jurisdictions impacted by it, yes, they are seeing a trend of communities trying to comply with MTC’s TOC policy because MTC is clear that will be a requirement for the One Bay Area grants in Cycle 4.
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Mayor Malkani asked if the chart will therefore look different, and Mr. Bergman said yes, and cities will amend their older approved percentage. Another issue is that starting in the Sacramento area and finishing up in Kern County with the latest ones, it was interesting to see how HCD’s requirement got more emphatic about adoption and adoption at certain targets the later one was in the cycle. Once HCD latched onto housing mobility in AFFH, that became the lever they used to then later in the cycle require communities to adopt and require at certain percentages. So, this feels like a mid- to late-level adoption and as one got later and later in the process, HCD was requiring an adoption at 15%.
Vice Mayor Iverson said she was not aware HCD had bonded onto the idea that these sorts of laws create more income mobility. She always heard that because in for-sale people in the BMR units are not accruing any wealth other than what they paid on their mortgage, and renters are stuck where they cannot ever move and the unit is locked up. So, she thought they were an “anti-mobility thing” and asked whether she is wrong about the latest thinking.
Mr. Bergman said they define mobility a little differently. So, it is geographic mobility and not income mobility.
Mayor Malkani opened the Public Forum.
Brian Griggs, representing himself and Jeff Stone, voiced support for an inclusionary housing ordinance but emphasized the need to align affordability goals with development realities. He cited rising costs causing project delays statewide and noted Orinda's challenging market, limited sites, and perceived resistance to development.
Mr. Griggs urged realistic financial assumptions and thoughtful policy to ensure feasibility and success.
Jeff Stone, a seasoned developer, cautioned against adopting an inclusionary housing ordinance without fully understanding its financial impacts. Citing his own projects—like a Moraga development facing legal challenges due to height increases tied to affordable units—he emphasized that flawed cost assumptions in the feasibility study (e.g., significantly underestimated construction costs) could lead to misguided policy. Mr.
Stone urged the Council to take more time to align the ordinance with market realities, warning that poorly calibrated requirements could stall housing production and jeopardize land control.
MOTION by Mayor Malkani, and seconded by Councilmember Riley, to extend the Council meeting to 10:30 p.m. Said motion carried by unanimous (5-0) vote.
Mayor Malkani opened the Public Forum, and there were no speakers.
Councilmember discussion ensued.
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Councilmember Gee appreciated the developers’ input but found it difficult to fully understand. She emphasized the importance of staying compliant with state (HCD) and regional (MTC) guidelines and supported including flexibility in the Inclusionary Housing Ordinance (IHO) to allow project-by-project considerations.
Councilmember Riley agreed with Gee, supporting broad exceptions in the IHO to allow case-by-case flexibility, acknowledging that most Council members are still learning about these complex issues.
Councilmember Hoxie, new to the topic, expressed concern that cost estimates seemed too low and could hinder project feasibility. She stressed the need for balance—enough standards to ensure quality, but not so strict that development becomes impossible— and supported adding flexibility.
Mayor Malkani clarified that while the IHO must apply broadly, flexibility can be introduced through specific choices within the ordinance, not necessarily through full case-by-case discretion.
City Manager Smith stated the Council could build in an exception or an ability to waive the requirement for a project if they can demonstrate the feasibility is in question if the standards are applied.
Mayor Malkani supports an Inclusionary Housing Ordinance (IHO), mainly to comply with MTC TOC guidelines. She would prefer a 10% inclusion rate, but is open to 11– 15% for compliance, voiced concerns that TOC requirements are not well-aligned with neighboring jurisdictions, supports an in-lieu fee but needs more clarity on the fee range; worries Orinda's fee might be higher than peers', believes affordable housing goals must balance feasibility to avoid stalling development, and wants Orinda to stay eligible for MTC funding and encourages responsible growth.
City Manager Smith asked for clear direction on in-lieu fee structure to bring back a viable proposal, explained in-lieu fees can be leveraged with non-profits (e.g., Eden Housing) to produce more affordable units than developer-built units, and emphasized the need to balance between encouraging construction and collecting funds for future affordable housing projects.
Councilmember Gee prefers actual affordable units over fees, questioning whether Orinda can collect enough to fund full projects, is worried about the optics of Orinda being the only city not adopting IHO, fearing NIMBY criticism, and acknowledged State Housing and Community Development (HCD) expectations and the need to meet RHNA goals.
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Vice Mayor Iverson said she is cautious about IHO; doesn’t believe it's the best fit for Orinda right now, thinks all-affordable projects (e.g., Eden, Monte Verde) are more feasible than inclusion in market-rate projects, warned against adding local regulations on top of state incentives, which may discourage development, and is concerned that developers pass the cost of BMR (below-market-rate) units on to other renters longterm. She prefers to let the market work, focusing on attracting a few high-quality projects and questioned the process, feeling it skipped over the question of whether to pursue IHO and jumped to how.
City Manager Smith summarized the Council questions raised which include:
• Whether Orinda should adopt an IHO or rely on in-lieu fees and all-affordable developments.
• How to set in-lieu fees that are fair, feasible, and effective. • Whether IHO helps or hinders development in a small city like Orinda. • Whether not having an IHO makes the city vulnerable to external criticism or pressure.
• Balancing local values and priorities with regional and state compliance requirements.
Mayor Malkani noted recommendations are also in detail at the back of the consultant report and Ms. Thomson suggested asking Councilmembers whether they want the IHO.
Vice Mayor Iverson stated she is opposed to moving forward with an IHO.
Councilmember Riley asked what the City loses out on if it does not comply with TOC policy. City Manager Smith stated the City could lose transportation grants from federal money that gets passed through MTC and then gets reallocated to local jurisdictions.
OBAG 4 funding has been identified and the question is whether MTC will use this as the basis for all determinations and not just for OBAG funding.
Councilmember Riley asked and confirmed with City Manager Smith that the information the City has is current about MTC policy, and that the Council is under no obligation to make a decision about this ordinance.
Mayor Malkani said she thinks the question was whether to move forward with an inclusionary ordinance or not, and, if so, her view is 15% versus 10% because of MTC TOC policy.
Councilmember Hoxie said, she thinks getting the kinds of projects built in Orinda that people want to live in is important to her so she does not know enough on how to make this policy work with that view or if it can. She is not clear on moving forward, but was in favor of the conversation and understanding it better. She is concerned about the percentage and did not think they want to be at the top of the in-lieu scale or at the bottom, but somewhere in the middle.
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Councilmember Gee supported moving forward with the IHO, believes it is important politically and regionally for Orinda to stay aligned with MTC, HCD, and neighboring cities, and wants IHO to be flexible and modifiable, not necessarily rigid.
Councilmember Riley said she is undecided but is leaning toward supporting the IHO to avoid appearing uncooperative on housing. She is concerned about the 15% inclusion rate and wants more clarity on the numbers and flexibility for lower percentages.
Ms. Thomson said there is a range and the Council can go lower but being in compliance with MTC is where the 15% is coming from. You can have exceptions with that and go with 11% 12%, etc.
City Manager Smith said staff will continue to take feedback and return to the Council.
Staff will talk on their end about timing and whether or not they need another check-in before bringing a draft ordinance forward.
MOTION by Mayor Malkani, and seconded by Councilmember Hoxie, to extend the Council meeting to 10:45 p.m. Said motion carried by unanimous (5-0) vote.
H.2. Correspondence from Nicholas Waranoff Regarding Brown Act and Settlement of Orindans for Safe Emergency Evacuation (OSEE) v.
City of Orinda Litigation
Recommendation:
Review, discuss, and provide direction to staff as appropriate regarding correspondence from Nicholas Waranoff.
City Attorney Osa Wolff referred to the staff report and pointed out that the Council received subsequent correspondence from Mr. Waranoff which is labeled Public Forum on the handout, but it is actually for this item.
Ms. Wolff said she can take questions if Councilmembers want more details at the end of this, and asked to focus on commenting about settlements and the Brown Act. The law is important and it is important that the City comply. She then provided an overview of the Brown Act, described the Trancas case that provides an exception where cities cannot, through a bilateral settlement agreement, circumvent an extrinsic public hearing requirement. State law requires a public hearing for certain land use decisions so it is not a proper term for a settlement. The OSEE settlement is very different which she described and is not problematic under the Trancas case. She did not find any case extending Trancas to terms like those in the OSEE settlement.
In addition to tonight’s item which is to allow the Council the opportunity to review, discuss, provide direction about the Brown Act correspondence, there are two more items on tonight’s agenda. They are referenced in the settlement agreement, but they are also things the Council has authority to act on regardless of whether there was ever a settlement. Item H.3 has to do with SSTOC Bylaws and some proposed amendments.
Item H.4 is to consider proposed agreement with Ladris for modeling.
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In terms of process for this item, she recommended the Council ask her any questions, take public comment, close the public comment, then table this item, go to the other two items, and if the Council would like to take this back up again immediately following those items or in the future, the Council may do that. Staff is not seeking definitive Council direction tonight on this item. It is primarily informational.
There were no questions of Councilmembers.
Mayor Malkani noted receipt of public comments from Mr. Waranoff the Council received. She opened the Public Forum, and there were no speakers. She closed the Public Forum and asked if there was any discussion on the matter.
Councilmember Riley asked if a decision could be made as a way to proceed.
Ms. Wolff stated if the Council has heard all the update they need to receive and do not need to receive any more, the Council can move on from this and not table it.
Mayor Malkani said she would like to table it, and made a motion.
MOTION by Mayor Malkani, and seconded by Vice Mayor Iverson, to table Item H.2.
Said motion carried by unanimous (5-0) vote
H.3. Consider Amendments to the Supplemental Sales Tax Oversight Commission (“SSTOC”) Bylaws
Recommendation:
Approve Resolution No. 43-25 Amending the Bylaws for the Supplemental Sales Tax Oversight Commission.
City Manager Smith gave the staff report and overview of the item for the Council to consider amendments to the SSTOC Bylaws to provide clarity on their role with emergency evacuation planning, response, and improvements.
Councilmember Hoxie asked and confirmed that the Bylaw changes are in compliance with the original way the SSTOC was established.
Mayor Malkani opened the Public Forum, and there were no speakers. She then closed the Public Forum.
Mayor Malkani commented that the amendments serve to provide great clarity and emphasize the importance of evacuation. Councilmembers agreed.
MOTION by Councilmember Gee, and seconded by Councilmember Hoxie, to approve Resolution No. 43-25 amending the Bylaws for the Supplemental Sales Tax Oversight Commission. Said motion carried by unanimous (5-0) vote.
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H.4. Agreement with Ladris for Evacuation and Wildfire Modeling Services and Software
Recommendation:
Approve a one-year agreement with Ladris for evacuation and wildfire modeling services and software, approve a Budget Change Form #003- 26, and confirm the contract is exempt from competitive bidding.
City Manager Smith gave the staff report and overview of the item, noting it is a way to satisfy the requirements of the settlement agreement with OSEE while also being an appropriate next step for this organization to bolster their continual disaster planning and response efforts. The item is also responsive to one of the City’s strategic initiatives to use emerging technologies to guide strategic investments in fuel mitigation and evacuation efforts, which she described.
Vice Mayor Iverson asked when the City might be able to see some of the things the software can do.
City Manager Smith said they will start at the end of next month, and the consultant commented that the City should start to see very useful scenarios within one month.
Once the team is fully trained, they have a 60-day implementation set up and have more in-depth results 60 days after that.
Mayor Malkani opened the Public Forum, and there were no speakers. She then closed the Public Forum.
Mayor Malkani and Councilmembers voiced excitement that the City and public will be able to engage with this and thinks it is a helpful tool.
EXTEND MEETING
MOTION by Mayor Malkani, and seconded by Vice Mayor Iverson, to extend the Council meeting to 11:00 p.m. Said motion carried by unanimous (5-0) vote.
MOTION by Councilmember Gee, and seconded by Councilmember Hoxie, to approve a one-year agreement with Ladris for evacuation and wildfire modeling services and software, approve a Budget Change Form #003-26, and confirm the contract is exempt from competitive bidding. Said motion carried by unanimous (5-0) vote.
City Attorney Wolff asked if the Council would like to remove Item H.2 off the table for any further deliberation or direction to staff or she asked if the Council wished to leave it as is.
Mayor Malkani and Councilmembers said they did not feel the need for further deliberation, and moved to the next item.
H.5. Filling Vacancies on the Planning Commission, Arts in Public Places Committee, and Finance Advisory Committee
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Recommendation:
Consider approval of the Mayor's recommendations for Planning Commission (Brenda Davis) and Arts in Public Places (Harmony Anderson) and provide direction on the appointment of Jay Selwitz to the Finance Advisory Committee.
City Clerk Sheri Smith gave the staff report and overview of the Mayor’s recommendations for a Planning Commissioner, an Arts in Public Places Committee member, as well as consideration of a Finance Advisory Committee member.
Mayor Malkani opened the Public Forum, and there were no speakers.
MOTION by Vice Mayor Iverson, and seconded by Councilmember Hoxie, to approve the Mayor’s recommendation for Planning Commission (Brenda Davis) and Arts in Public Places (Harmony Anderson) and provide direction on the appointment of Jay Selwitz to the Finance Advisory Committee. Said motion carried by unanimous (5-0) vote.
H.6. Board of Forestry Update on Draft Regulations for Zone Zero Recommendation:
Receive the update on the Board of Forestry efforts to establish statewide zone zero regulations and provide direction to Staff, as needed.
Senior Management Analyst Mickie Cronin reported that the Board of Forestry, under a directive from Governor Newsom, is updating wildfire safety regulations to be adopted by December 31, 2025. The focus is on creating “Zone Zero,” a 5-foot ember-resistant zone around structures. Grass will be prohibited in this area, though city staff argue this lacks scientific backing. Potted plants and some trees may be allowed with restrictions.
Drought-tolerant, fire-resistant materials like gravel and stone are encouraged. Public comments are ongoing, with the next Board meeting set for July 24th.
Councilmember Gee asked if the City is planning to send comments to the Board of Forestry, and City Manager Smith said the Council should and could comment on the grass question and whether there is concurrence or not.
Mayor Malkani opened the Public Forum, and there were no speakers. She closed the Public Forum.
Councilmember Gee asked if MOFD provided official comments. City Manager Smith was unsure but did speak with staff about some of the regulations.
Mayor Malkani referred to the grass issue, and she confirmed with Ms. Cronin that Chief Isaacs is following this closely.
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Mayor Malkani said she is in favor of sending a letter, and if MOFD leadership were to say succulents do not pose a fire danger, given they are more drought tolerant than grass, this could also be addressed in the letter. But, unless they have a similar decision, she would not include it.
Councilmember Riley said the Council could make this decision on its own, and Mayor Malkani said she would defer to them on fire science items.
Councilmember Riley said there is no talk about what the house is made of, and if it is stone or brick, there should be an exception. She has never heard or has seen anything about this here.
City Manager Smith said there are many homes with a base of brick, concrete or stone, but if the entire house is made of it that might be one thing, but often times materials are only to a certain point where embers can get in.
Mayor Malkani said at this point because the Council cannot confirm certain things, she would be comfortable sending the letter about the lawn.
Vice Mayor Iverson said she would defer to staff more broadly. The first time this came up, they realized MOFD’s mandate is fire suppression and to some extent, prevention.
The City’s is more broadly community interest. She did not think there was time to build consensus and would like to defer to staff to add to the letter with things they and SSTOC feel are appropriate.
Councilmembers agreed, and City Manager Smith confirmed she had direction.
I. COUNCILMEMBER REPORTS – None.
J. CITY MANAGER'S REPORT – None.
K. MATTERS INITIATED – None.
L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 10:58 p.m. to the City Council Meeting on Tuesday, August 19, 2025 at 6:00 p.m.
______________________________________
Sheri Marie Smith, City Clerk