Orinda City Council Minutes Page 1 of 13 08.19.25
AUGUST 19, 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 Riley, and seconded by Councilmember Hoxie, to adopt the agenda. Said motion carried by unanimous (5-0) vote.
D. ITEMS FOR THE GOOD OF THE CITY – None.
E. PUBLIC FORUM
Shaheen Tonse raised safety concerns about children riding e-bikes at excessive speeds, sometimes up to 45 mph or more, and noted that some high-powered bikes capable of 68–70 mph are being used by underage riders. He explained the different ebike classes and rules, emphasized that enforcement is increasing, and shared a personal experience of dangerous riding on the Lafayette-Moraga Trail. He urged the Council to work with TSAC and police on enforcement and education, particularly in schools.
F. CONSENT CALENDAR
Mayor Malkani requested removal of Item F.2 for a separate vote due to previous donation to Orinda Association and her name has been on the banners. She asked and confirmed there were no additional requests for removal of items and no public comments.
F.1. Minutes Approval
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Recommendation:
Approve City Council Minutes:
1. July 15, 2025 Regular Meeting
F.3. Quarterly Investment Report for Quarter Ending June 30, 2025 Recommendation:
Accept the Quarterly Investment Report for the period ending June 30, 2025.
F.4. Road Closure to Vehicular Traffic for the Orinda Annual Classic Car Show
Recommendation:
Adopt Resolution 47-25 Approving the Closure of a Portion of Orinda Way and All of Avenida de Orinda for the Orinda Annual Classic Car Show (Traffic Order No. 239).
F.5. Acceptance of Work and Contract with Cowan & Thompson Construction, Inc.
Recommendation:
Adopt Resolution No. 44-25 to Accept the Work and Contract with Cowan & Thompson Construction, Inc. for the Drainage Facilities Improvement Project (CIP #4111).
F.6. Adoption of Resolution No. 45-25 Establishing the Property Tax Rates for the General Obligation Bond Series 2014 and Series 2016 for Fiscal Year 2025-26
Recommendation:
Adopt Resolution No. 45-25 Establishing the Property Tax Rates for Bonded Indebtedness for Fiscal Year 2025-26; and, direct Staff to provide the information to the Contra Costa County Auditor-Controller for preparation of the tax levy.
F.7. Acceptance of Work and Contract with Satellite Painting, Inc.
Recommendation:
Adopt Resolution No. 48-25 Accepting the Work and Contract with Satellite Painting, Inc. for the Exterior Building Painting Projects (CIP #’s 4083, 4175 and 4182).
F.8. Award Construction Contract to Miksis Services Inc. for Annual Storm Drain Repair Project (Category B) (CIP #5008 and #5009) Recommendation:
Award a construction contract to Miksis Services Inc. for Annual Storm Drain Repair Project (Category B), authorize a contingency of 25%, and approve plans for the project.
MOTION by Councilmember Gee, and seconded by Councilmember Riley to approve Consent Calendar Items F.1.1, F.3, F4, F.5, F.6, F.7, and F.8. Said motion carried by unanimous (5-0) vote.
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Items Removed from the Consent Calendar:
F.2. Policy for the Display of Banners on City Street Light Poles in Downtown Areas
Recommendation:
Adopt Resolution No. 46-25, Approving a Banner Display Policy on City Street Light Poles.
Vice Mayor Iverson asked if there were any public comments, and there were no speakers.
MOTION by Councilmember Riley, and seconded by Councilmember Gee to approve Consent Calendar Item F.2. Said motion carried by unanimous (4-0-1; Malkani recused) vote.
G. PUBLIC HEARING
G.1. Annual Review of Wilder Development Agreement
Recommendation:
Conduct a public hearing and find OG Property Owners, LLC in substantial compliance with all the terms of the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley, as amended.
Mayor Malkani called the item and requested the City Attorney review the order of procedure for the public hearing.
City Attorney Osa Wolff reviewed the order of the procedure for the public hearing and spoke about the need to disclose any ex-parte communications and site visits, and there were none.
Planning Director Lashun Cross then gave the staff report, background, and overview of the Wilder Development Agreement and the request of the Council to find OG Property Owners, LLC in substantial compliance with all the terms of the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley, as amended.
Mayor Malkani stated the Council received a public comment relating to a fuel break.
She asked if staff could address this.
City Manager Smith explained this was a letter sent to the Wilder HOA meant for OG LLC to conduct their fire fuel break work as required by MOFD. This is something that can be done separately from this compliance matter.
Mayor Malkani next called on OG LLC to provide commentary up to 15 minutes, and confirmed they are joining by Zoom.
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Chris Yelich, OGLLC, stated they have no comments, are here to answer questions, and are hopeful this will be one of the last hearings and the Council can find them in substantial compliance.
Mayor Malkani opened the Public Forum. She described written materials received, and verified there were no speakers.
Rebuttal – Applicant
Mr. Yelich from OGLLC waived his rebuttal period.
Mayor Malkani stated she is satisfied with remaining obligations, confirmed sidewalks will be built, and she noted Councilmembers were satisfied due to the complexity of the review and previous questions that were answered by staff.
MOTION by Councilmember Gee, and seconded by Councilmember Riley to find OG Property Owners, LLC in substantial compliance with all the terms of the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley, as amended. Said motion carried by unanimous (5- 0) vote.
H. POLICY MATTERS
H.1. FSMO Moraga-Orinda Funding Request
Recommendation:
Receive report from Staff, as well as presentation from FSMO MoragaOrinda. Discuss the request and provide direction to Staff.
Management Analyst Micki Cronin introduced the matter regarding the City’s receipt of a funding request from FSMO Moraga-Orinda asking the Council to consider providing $400,000 annually for three years to support 30 neighborhood defensible space projects each year, as well as funding for staff to manage the projects and enhance Firewise neighborhood outreach.
In response, Mark Evans was present to talk about more details about the request and explain the context and how the organization will manage, track, and account for funds to ensure Orinda tax dollars are used exclusively for Orinda projects and staff time within Orinda.
Mark Evans, President of FSMO Moraga-Orinda (FSMO), requested funding to strengthen neighborhood FSMOty programs in Orinda. He noted the rapid expansion of Firewise communities, now covering more than 4,000 homes, and highlighted their success in promoting defensible space, education, and evacuation preparedness.
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He then outlined the matching-funds model, where homeowner contributions double the impact of grants, with projects completed efficiently by qualified contractors. He added that private fundraising efforts have begun and urged Council approval to sustain and grow these initiatives.
Councilmember Hoxie asked whether FSMO targets the highest-risk areas at the wildland–urban interface or funds projects on request. Mr. Evans explained that projects are prioritized based on a selection criteria document, considering severity zones, topography, winds, embers, and other risk factors, with input from MOFD. Projects are queued, reviewed by the Executive Director, approved by the Board, and executed as funding allows.
Regarding MOFD coordination, Mr. Evans noted that Firewise leaders work closely with MOFD to establish neighborhoods and act as trained ambassadors to assist with assessments. FSMO requested funding from MOFD in June, but their budget decision is still pending. He emphasized the program’s goal of helping residents take preventative action before receiving citations, using ambassadors and funding support to encourage compliance.
On outreach, Mr. Evans said they received a $100,000 California FSMO Council grant, which required administrative setup. They advertised, screened 25 requests, deemed 13 eligible, approved 6, and completed 3 projects due to limited funds and delayed federal reimbursements. He stressed the need for more revenue streams to expand impact.
For older homeowners with large properties, he clarified that the program does not manage entire forests but focuses on creating defensible space within 5, 30, and 100 feet of structures, following MOFD guidance and Zone Zero regulations by removing vegetation and limbing trees.
Vice Mayor Iverson asked how neighborhood grants are managed and whether work is done on a single property or divided among several. Mr. Evans explained that each grant requires at least five participating properties, ideally eight, and distribution of funds is determined by the neighborhood coordinator based on project needs.
When asked about repeat grant requests, Mr. stated that the program avoids funding ongoing maintenance, as property owners are expected to sustain their defensible space. Current policy requires a three-year gap before a homeowner can be considered for another grant, with tracking managed through their software system.
Councilmember Gee asked about project funding limits. Mr. Evans explained that while grants can involve up to 20 homes at $1,000 each, the practical maximum is about $10,000 per project to ensure funds are spread across the community and encourage group participation. Smaller properties requiring less work can still be included, with homeowners contributing labor to extend project reach.
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Regarding financial oversight, Mr. Evans confirmed that FSMO manages all accounting internally. City staff assistance could be limited to outreach and education, such as newsletter communications. He noted that FSMO employs an experienced accountant, uses Quicken software, and would provide staff reports verifying proper use of funds, without requiring City staff to handle financial reporting.
Vice Mayor Iverson noted that the SSTOC runs individual grants under a similar model and asked whether FSMO’s program would supplement or compete with Measure R funds, and if the partnership could reduce City staff workload.
Mr. Evans responded that FSMO could manage individual grants to ease the burden on City staff, emphasizing that group projects are preferable as they foster community collaboration. He expressed support for coordinating with SSTOC, weighing pros and cons with staff, and highlighted the value of targeting outreach and funding to vulnerable residents—such as the elderly, disabled, or those unfamiliar with FSMO requirements.
He noted their close coordination with MOFD enables them to identify residents who are out of compliance and in need of guidance.
Councilmember Gee asked whether City funding would be restricted to vegetation management rather than home hardening. Mr. Evans clarified that their immediate focus, per MOFD guidance, is solely on vegetation management to create defensible space. While they hope to expand to home hardening in the future, the current funding request is limited to defensible space projects.
Councilmember Riley inquired about the status of Firewise neighborhoods along key perimeters, including Briones, Lafayette Reservoir, and upper El Toyonal.
Mr. Evans confirmed that most areas, including Briones, Orinda Downs, and neighborhoods near the Reservoir, have active Firewise participation. While upper El Toyonal’s leadership had moved, recent coordination with Kathleen Meade and support from lower El Toyonal neighborhoods is helping to restore engagement. Overall, approximately 65% of Firewise neighborhoods are in Orinda, with large participation in Moraga Country Club (500 residents) and Campolindo (400 residents).
Regarding applications, Councilmember Riley asked how many are from Orinda.
Mr. Evans noted roughly two-thirds typically are, with three recently completed—two in Orinda and one in Bollinger (unincorporated Moraga). While funding does not require Firewise membership, outreach encourages neighborhoods to join.
Councilmember Riley highlighted that Moraga lacks a Measure R funding source, and Mr. Evans noted ongoing discussions with local leadership, volunteer fire leaders, and a request to speak to the Moraga Town Council, which has not yet been scheduled for discussion yet.
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On staffing and salaries, he explained that only the Executive Director position is currently funded, with plans to add a Communications Specialist to expand outreach and ensure sustainability beyond volunteer efforts.
Councilmember Riley questioned how time and costs would be tracked without Moraga funding.
Mr. Evans responded that private fundraising has raised over $55,000 to support education and outreach across the Fire District, emphasizing transparency and potential future involvement of Lafayette.
Mayor Malkani requested examples of work completed through funded projects.
Mr. Evans explained that activities include limbing overhanging trees, removing hazardous or house-adjacent trees, and clearing mulch. Group efforts reduce costs, as contractors can work efficiently within concentrated areas, with debris either chipped onsite or through the Orinda chipping program.
Mayor Malkani emphasized the importance of cost-sharing as an incentive, particularly for vulnerable residents who may lack financial resources or knowledge.
Mr. Evans noted that neighborhoods assess need based on criteria such as age and income, and decide whether to assist financially. He detailed grant efforts, including submissions to MOFD, US Forest Service (January), and Cal Fire ($924,000) with a focus on supporting special needs residents without requiring matching funds.
Identifying vulnerable individuals is challenging due to isolation. While Orinda’s affluence can initially disadvantage applications in scoring, the strong community support for neighbors positively resonates with grant reviewers.
Mayor Malkani opened the Public Forum.
City Clerk Smith announced that one written communication was received before the meeting which is in the communications packet.
Michael Brown, leader and founder of his local Firewise neighborhood, noted that initial enthusiasm for the program waned after a few years. He credited Mr. Evans with revitalizing the program, highlighting Evans’ proactive approach in connecting people and ensuring progress. He emphasized that Measure R funds had been underutilized and praised Mr. Evans’ ability to direct funding effectively to achieve tangible results.
Sandy Gross, a member of a 40-home Firewise neighborhood and the FSMO MoragaOrinda Board, expressed support for uniting neighborhoods under the program. He noted that while they rely heavily on Mr. Evans and other leaders, increased funding would enhance their ability to implement projects. Drawing on his experience with EFO, he emphasized that, beyond educational programs, protecting the entire community from fire hazards remains a critical priority.
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Councilmember Hoxie sought clarification on the relationships among local organizations involved in FSMOty, including SSTOC, FSMO, MOFD, and the City of Orinda. She inquired whether SSTOC has formally supported FSMO or provided input on Council decisions, and expressed confusion over the delineation of responsibilities between MOFD and the City.
She also raised the question of precedent in supporting one non-profit over others, acknowledging the unique importance of FSMOty but emphasizing the need for careful Council consideration. She noted that while SSTOC oversees Measure R funding, the mechanisms and oversight remain unclear to her.
Mayor Malkani noted the SSTOC is an advisory body that advises the Council on Measure R expenditures in addition to overseeing it.
City Manager Smith explained that Measure R requires an oversight commission (SSTOC) to ensure resident input and accountability for fund expenditures. Although Measure R is a general tax, it emphasizes wildfire preparedness and reinvestment in aging infrastructure. The SSTOC is responsible for reporting on these efforts, producing a substantial annual report detailing City initiatives and fund usage.
Further, she noted that the funding request was directed to the City Council rather than SSTOC, and recommended that the Council first review and provide direction before involving SSTOC, including setting any parameters for their discussion. SSTOC’s incentive ad-hoc committee is actively exploring ways to increase property fuel reduction, and Council consideration of the request could align with these ongoing efforts. Staff would need to manage potential conflicts of interest for SSTOC members participating in both efforts.
Mayor Malkani emphasized the value of SSTOC input, noting that their monthly meetings provide detailed oversight, including data on incentive program participation and chipper usage. SSTOC members, some of whom serve as volunteers and ambassadors, bring informed perspectives, share best practices from other communities, and maintain connections with MOFD. She stressed that while SSTOC provides advice, the Council ultimately sets parameters and makes final funding decisions.
Regarding MOFD, she clarified that it is a separate entity. While the 2x2 committee facilitates discussion between the City and MOFD, each body maintains distinct responsibilities. She observed that historically, both MOFD and the City of Orinda had gaps in fire mitigation and fuel reduction efforts, but now both entities are actively engaged.
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Councilmember Hoxie expressed that her primary concern is determining the appropriate source of funding for the Firewise efforts. She noted her understanding that the City is responsible for evacuation and road safety, while MOFD focuses on fire prevention and compliance with property safety. She emphasized caution in approving a grant solely from Orinda without participation from MOFD or the Town of Moraga, suggesting a potential matching arrangement to ensure all jurisdictions contribute. She stressed the importance of a collaborative approach to funding for community-wide FSMOty, while acknowledging Mr. Evans’ capability in managing funds responsibly.
Vice Mayor Iverson acknowledged ongoing challenges in evaluating SSTOC’s annual reports but noted that the current FSMO initiative represents a transformative approach.
She emphasized its focus on prioritizing high-risk areas and vulnerable residents through a systemic partnership with MOFD and the City. She highlighted the program’s successes in hardening homes, organizing communities, expanding Firewise participation, and promoting vegetation management—achievements not previously realized at this scale.
While recognizing Orinda’s limited budget relative to MOFD and Moraga, she stressed the importance of supporting effective efforts rather than delaying them for full multijurisdictional participation. She suggested using Orinda funds for local neighborhoods initially, allowing administrative and broader funding decisions to be guided by SSTOC, thereby enabling progress while maintaining accountability and creating an opportunity for cautious, constructive risk-taking.
Councilmember Gee expressed strong support for the FSMO initiative, acknowledging Mr. Evans and his team for their exceptional organization and progress. She noted that while Measure R funds are a general tax, a significant portion was intended for wildfire mitigation—a focus she feels has not been fully realized by the City despite ongoing efforts. Mr. Evans’ group, in her view, is achieving tangible results more effectively than prior City-led initiatives.
She emphasized that any Measure R funds contributed should be spent exclusively within Orinda, prioritizing direct benefits such as vegetation management. While she hopes MOFD will eventually contribute, she believes Orinda should not delay action.
She supports starting with a pilot program to test effectiveness, with oversight and parameters managed by SSTOC and City staff to ensure accountability. Overhead costs may be considered in the future, but initial funding should focus on direct, measurable outcomes to maximize wildfire mitigation impact.
Councilmember Riley expressed appreciation for Mr. Evans and his board’s efforts, describing the initiative as promising. She emphasized that any funding should be spent exclusively in Orinda, with SSTOC establishing parameters to ensure accountability.
She supported prioritized funding for perimeter areas most vulnerable to fire, while recognizing that broader participation can encourage wider community engagement.
She also suggested that initial City funding might encourage Moraga and MOFD to contribute in the future.
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Mayor Malkani expressed strong support for the Vice Mayor’s approach and the FSMO initiative overall, highlighting Orinda’s significant progress since 2019 in community education, engagement, Firewise networking, and coordinated fuel reduction efforts.
She described the neighborhood-based model as groundbreaking and aligned with the original intent of Measure R.
She emphasized that Orinda Measure R funds should be spent within Orinda and supported a cost-sharing approach among neighbors to enhance efficiency and incentivize participation, while maintaining a needs-based exception for those requiring additional support. She noted the potential for home hardening, Zone Zero compliance, and improved insurance outcomes, viewing the initiative as an exciting and effective model for wildfire mitigation.
Councilmember Hoxie emphasized the importance of prioritizing neighborhoods located along high-risk boundaries, such as Briones, Sleepy Hollow, and Upper El Toyonal.
Drawing on her experience with seniors in these areas, she noted that residents may be unsure how to comply with FSMOty requirements or may fear citations. She recommended that FSMO develop a targeted outreach plan for these specific neighborhoods, with a portion of funding allocated to education and support to help residents understand and implement necessary fire mitigation measures.
Mr. Evans noted that the Council is aware of the State Fire Hazard Severity maps, which identify areas of “very high” risk along North Orinda through Canyon. These areas would be prioritized for mitigation efforts. He emphasized that funding is also needed for FSMO staff to conduct outreach, walk neighborhoods, and provide targeted guidance to residents. He highlighted that effective wildfire mitigation requires integrating Firewise education with community coordination and available funding, as both components are essential for success.
Councilmember Gee suggested that SSTOC review the outreach component, noting that City staff using Measure R funds have already established many foundational efforts over the past 3–5 years. She emphasized that FSMO volunteers should not bear the entire responsibility for outreach and that some efforts could be supplemented or coordinated differently.
Mayor Malkani highlighted the need to clarify the scope of community outreach and education, distinguishing between City-led efforts and those by FSMO and Firewise, and whether this scope has evolved since SSTOC’s formation in 2021.
Vice Mayor Iverson agreed and added that if Council remands the initiative to SSTOC, clear direction should be provided regarding whether the evaluation should be objective or structured to meet specific parameters. She stressed leveraging funds strategically to access additional grants, build sustainable organizational capacity, and integrate communications effectively. She emphasized the importance of maintaining a partnership approach, where FSMO collaborates with neighborhoods, MOFD, and City resources to ensure compliance with FSMOty laws and maximize the impact of funding and outreach.
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City Manager Smith said she has received direction, stating it sounds like there be money spent in Orinda, there might be some openness to having the SSTOC think about the work they are doing around community education now and whether some of that could be shifted or partnered with FSMO to help do some of that work since they have boots on the ground and are in people’s neighborhoods and in yards, so they have more opportunities to connect with those people than perhaps the City does.
She said the City has a $1,000 incentive program now. The way Mr. Evans is describing this is a minimum of 5 homes getting involved and essentially getting an average of $2,000 per home. So, they are looking at the program the City is currently offering and maybe bumping it up a bit and trying to do it at a bigger neighborhood scale which is where the Council would like to see the activity going where there is partnering in neighborhoods to help manage fuels.
She thinks the Vice Mayor summarized many of the comments well, but prioritizing in the very high fire severity zones as part of the parameters. She knows the Mayor has been meeting with the Mayors of Lafayette and Moraga about community education.
So, maybe as part of these meetings the Mayor can talk about possibly partnering and supporting that aspect of FSMO to help with that outreach and education, even if they are not prepared on the incentives side.
She noted that MOFD offers incentives in the form of home hardening materials. They budget money every year to do that, so if they are working on home hardening and we are working on fuel mitigation, maybe this is a good partnership even if they are unable to come up with additional funds for this. She hear that the Council wants to hear back from SSTOC about how they can gain greater efficiencies in the work they are doing and the work FSMO is looking to expand into. So, this is a good intersect for SSTOC to be at and to talk about the work that needs to be done, and she can help figure out how to get that work done.
Councilmember Gee said she would also want staff and the SSTOC to look at creating a pilot program and looking at a graduated process of how much funding the City offer up. Maybe they do not start at the top $400,000 but to build it up so they are seeing results and it makes easier sense to agree it is successful and to continue to prioritize it.
Mayor Malkani added to the partnership, stating they should also determine if it makes sense to look at evacuation routes and fire modeling, and using the full range of tools they collectively have. She concluded the item and thanked Mr. Evans.
City Manager Smith confirmed she has direction to bring this matter to the SSTOC and to include a number of pieces of feedback from the Council.
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I. COUNCILMEMBER REPORTS – Councilmember Hoxie stated she enjoyed National Night Out and thanked the Police Chief and first responders. She also enjoyed the City Ho Down event and thanked staff for working on the efforts and including the Council.
Mayor Malkani said in terms of looking at a regional approach, Moraga and Lafayette Mayors were interested in meeting monthly now so not only the TriCity Council meetings occur twice a year, but in addition, they have been meeting and there are many great ideas. Most discussions focus on evacuation, emergency preparedness, wildfire prevention, and it has been very useful.
Another discussion focused on e-bikes and there is State legislation around this.
Senator Grayson is interested and has asked to informally provide input which they have and she can obtain the information sent to all Councilmembers.
Councilmember Hoxie said she attended a Chamber of Commerce meeting last Monday and they are working hard and talking about a Restaurant Week this fall and a Shop Local campaign for the holidays.
Mayor Malkani reported the Chamber held a Coffee with the Police Chief and one Coffee with the Mayor and will be scheduling another.
J. CITY MANAGER’S REPORT – City Manager Smith reminded Wildcat Canyon’s Slope Repair is under construction which started last week and will be on-going through December.
The updated Plant Guide is out so residents can get the latest version on the City’s website. The City is doing some limited printing of that and will make it available for sale.
She noted that the Council meeting on September 16th Council which was initially going to be the Housing Element night for rezoning needed to be moved to September 30th and that there was a possibility that the September 16th meeting would be canceled
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K. MATTERS INITIATED – None.
L. CLOSED SESSION
1. OPEN SESSION IDENTIFICATION of Closed Session Matters
2. PUBLIC COMMENTS of Closed Session Matters – None.
3. CLOSED SESSION
4. REPORT OUT OF CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6, conference with the City’s designated labor negotiators (Mayor Malkani and Vice Mayor Iverson), City Attorney.
M. ADJOURNMENT
The Regular Meeting was adjourned at approximately 9:00 p.m. with no Closed Session Announcement to the City Council Meeting on Tuesday, September 02, 2025 at 7:00 p.m.
______________________________________
Sheri Marie Smith, City Clerk