Orinda City Council Minutes Page 1 of 14 01.13.26
JANUARY 13, 2026
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, Latika Malkani, Janet Riley (participating via Zoom)
Mayor Brandyn Iverson, Vice Mayor Darlene Gee
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Iverson.
C. ADOPTION OF AGENDA
Mayor Iverson recommended a temporary change to see if the Council likes it, which would be to bring Councilmember Reports and City Manager Report to the front of the agenda after the Consent Calendar and before the Public Hearing. Councilmembers voiced support.
MOTION by Councilmember Hoxie, and seconded by Councilmember Malkani, to adopt the agenda, as amended. Said motion carried by unanimous (5-0) roll call vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1 Introduction of Sophie Foster – New Planning Technician Planning Director Lashun Cross introduced Sophie Foster, the City’s new Planning Technician and described her education, previous experience, and hobbies.
Planning Technician Sophie Foster said she is thrilled to be joining the City of Orinda, said she has been pursuing a career path in planning for a bit, and is fortunate to start her journey with Orinda. She looks forward to working with Orinda employees and the Council.
Mayor Iverson and Councilmembers welcomed Ms. Foster to the City.
E. PUBLIC FORUM
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Resident Bill Waterman expressed longstanding support for the proposed Chevron convenience store, highlighting its value as a late-night retail option similar to successful Extra Mile locations nearby. He noted the project provides a public benefit through creek access dedication and emphasized that the agreement, carefully drafted by the City Attorney and outside counsel, protects the City from environmental liability. He concluded that the benefits outweigh any drawbacks, viewing the project as a positive opportunity, especially given the site’s long-term vacancy and the limited new commercial development in Orinda over the past 20 years.
Laura Abrams voiced strong opposition to the project, expressing disappointment that prior staff reports did not address the repeal of the former ordinance, the prior City Council’s intent, or the community and School District support at the time of its adoption.
She noted that her previous testimony and written submission—including photographs of a Danville Extra Mile store highlighting a focus on alcohol, tobacco, and junk food—were not meaningfully considered. She raised concerns about the project’s long-term legacy, potential traffic impacts, and uncertain consequences, particularly in light of Orinda’s small-community character and existing gas stations, and urged the Council to carefully reconsider the proposal.
F. CONSENT CALENDAR
Mayor Iverson announced that written correspondence includes a staff correction for Item F.5, and asked if Councilmembers or the public wished to remove any other items or had public comments. There were no requests for items to be removed or public comments.
F.1 Approval of City Council Minutes
The City Council will consider approval of the Minutes from the December 16, 2025, Meeting.
RECOMMENDATION:
Approve City Council Minutes of December 16, 2025.
F.2 Accept Work and Contract with Miksis Services, Inc. for Orinda Way Storm Drain Lining Project (CIP #4111)
The City Council will consider Resolution No. 03-26 to Accept Work and Contract with Miksis Services, Inc. for the Orinda Way Storm Drain Lining Project.
RECOMMENDATION:
Adopt Resolution No. 03-26 to Accept said Work and Contract.
F.3 Award of Bid to Eric F. Anderson, Inc. for the Library Exterior Accent Tile Replacement (CIP #4179)
The City Council will consider awarding a bid to Eric F. Anderson, Inc. (EFA) for the Library tile replacement work. This recommendation follows a competitive bid process where the City opened five bids on December 9, 2025, four of which were found to be non-responsive, leaving EFA as the lowest responsive bidder.
RECOMMENDATION:
Take the following actions:
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1. Reject non-responsive bids;
2. Award a construction contract to lowest responsive bidder, Eric F.
Anderson, Inc. (EFA) for the Library Exterior Accent Tile Project, including a contingency of 15%; and
3. Approve Budget Change Form #008-26.
F.4 Changes to the Orinda Municipal Code to Reflect 2025 California Building Code Update
The City Council will hold a second reading and consider adoption of Ordinance 25-07 to formally adopt the 2025 California Building Standards Codes with locally necessary modifications and confirm the action is exempt from CEQA. The Council will also consider adoption of Resolution 63-25 approving Contra Costa County’s Findings of Fact supporting the need for these local amendments. If approved, Staff will transmit the adopted documents to the appropriate state and local agencies.
RECOMMENDATION:
Adopt the following:
Ordinance 25-07, waiving full reading, adopting the 2025 California Building, Residential, Energy, Historical Building, Existing Building, Green Building Standards, Electrical, Mechanical, and Plumbing Codes with Modifications for Local Conditions, which includes a determination that it is exempt from the California Environmental Quality Act (”CEQA”).
Resolution 63-25 adopting Contra Costa County’s Findings of Fact regarding the need for the modifications to the provisions of the 2025 California Building Standards Code made in the Orinda Municipal Code.
F.5 Award of Bid/Construction Contract to Keep IT Simple (KIS) for installation of security enhancements at City Hall
The City Council will consider awarding a construction contract to Keep IT Simple (KIS) to improve security and door access at City Hall and the Police Department. Staff opened three bids on December 10, 2025, reviewed the bids and recommends awarding the construction contract to the lowest responsive bidder.
RECOMMENDATION:
Award a construction contract to KIS for the installation of Verkada Security Cameras and door access in the Police Department and City Hall, authorize a contingency of 15%, and approve Budget Change Form #009-26.
F.6 Award of On-Call Traffic Signal and Street Light Maintenance Services Contract to DC. Electric Group, Inc.
The City Council will consider an updated contract with DC Electric Group, Inc. for the on-call traffic signal and street light maintenance efforts. The work includes regular equipment check-outs and as-needed maintenance/repairs of this electrical infrastructure and responding to emergency call outs when signal facilities are damaged from storms or traffic accidents and marking underground electric facilities in response to USA notifications (underground service alert).
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RECOMMENDATION:
Adopt Resolution 04-26 Approving Exception to Competitive Bidding per Orinda Municipal Code Section 2.55.100, and Awarding an On-Call Traffic Signal and Street Light Maintenance Services Contract to DC Electric Group, Inc.
F.7 Approval of Transportation Development Act (TDA) Article 3 Grant Application for Fiscal Year 2026-2027
The City Council will consider approving the Grant Application for Camino Pablo Pathway Rehabilitation from Ardilla Road to Claremont Avenue to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2026-2027 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Funding.
RECOMMENDATION:
Adopt Resolution No. 05-26, Authorizing the City to Apply to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2026-2027 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding for the Camino Pablo Pathway Rehabilitation Project, Ardilla Road to Claremont Avenue.
MOTION by Councilmember Malkani moved, and seconded by Vice Mayor Gee to approve Consent Calendar Items F.1, F.2, F.3, F.4, F.5, F.6, and F.7. Said motion carried by unanimous (5-0) vote.
I. COUNCILMEMBER REPORTS
Councilmember Malkani reported that the Infrastructure Committee, with Vice Mayor Gee and staff, reviewed Orinda Woods HOA roads maintained under a City agreement, examined alternative approaches from other cities, and discussed San Anselmo’s grant program for resident-funded road and drainage repairs. The committee also considered updating the City’s public roads ordinance and resolution and recommended bringing the issue to the full Council for a policy discussion.
Vice Mayor Gee reported that the committee also received an update from Public Works staff on drainage mapping that integrates both public and private systems to improve the City’s records, with a future update to be brought to the Council. She noted the committee had a robust, well-attended discussion with strong participation and meaningful progress.
Mayor Iverson reported that five Eagle Scouts were recognized as part of the national program, with Congressman Mark DeSaulnier in attendance for the ceremony. She deferred to the City Manager to report on the grant the City received for the Moraga Way study.
J. CITY MANAGER’S REPORT
City Manager Smith reported the following:
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• The City of Orinda and the Town of Moraga jointly applied for the Safe Streets for All Program and received a federal grant of approximately $500,000 to begin the planning study for improvements to Moraga Way that could result in a safer bike and pedestrian access as well as evacuation needs over the long-term. They are grateful for the partnership with the Town of Moraga and they will be working to initiate the work between the two agencies.
• She reported on the new entry way sign along Moraga Way at the entrance to Theater Square, stating today the City received notification that PG&E has approved it.
• The City is prepared to launch www.Orindaready.com tomorrow which will be the new portal for all things related to emergency preparedness, information about insurance and, in addition, staff will also launch the Ladris evacuation and fire modeling tool so residents can better understand the effects of fire spread and evacuation timing in the community. There will be about 100 scenarios pre-planned in the system so people can educate themselves.
Mayor Iverson thanked the City Manager and her team, stating the implementation of the Ladris system was done quickly, was a huge effort, and something there is not a lot of precedent for in a public format.
G. PUBLIC HEARING
G.1 Introduction of Ordinance 25-06, to amend Section 17.2.3 (Definitions) and Section 17.8.5 (Downtown commercial district—Use restrictions) of the City’s Planning and Zoning Code for Convenience Markets and Other Ancillary Retail Uses at Service Stations.
The City Council will hold a public hearing to consider the re-introduction of an ordinance originally introduced by the City Council in September 2023 that modifies regulations for convenience markets and ancillary retail uses at service stations in response to an application by Chevron.
Although the ordinance was previously introduced, more than two years have elapsed between the first and anticipated second reading, and during that time the City adopted amendments to Chapter 17.8 of the Orinda Municipal Code as part of the Downtown rezoning effort. Out of an abundance of caution, and to ensure consistency with the City’s current zoning framework, Staff is recommending re-introduction of the ordinance.
The substance of the ordinance remains unchanged from that previously introduced. In addition, staff for Chevron and the City have reached agreement on the terms of an offer of dedication and donation by Chevron.
Those items are presented for the City Council’s information and comment.
RECOMMENDATION:
Take the following actions:
1. Waive the full reading of the text; and
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2. Introduce Ordinance 25-06 amending Section 17.2.3 (Definitions) and Section 17.8.5 (Downtown Commercial District—Use Restrictions) of the Orinda Municipal Code to update regulations governing convenience markets and ancillary retail uses at service stations; and
3. Review and provide comment on the negotiated offer of dedication and donation.
City Attorney Osa Wolff provided hearing process procedures and protocols. She called on any Council ex-parte communications.
Mayor Iverson and Councilmembers disclosed their ex-parte communications which occurred only for Mayor Iverson and Vice Mayor Gee as included in the staff report.
Associate Planner Darin Hughes presented a staff report reintroducing an ordinance first introduced in September 2023 to amend zoning regulations for convenience markets at service stations, prompted by a Chevron application. He reviewed the project’s history, including Planning Commission and Council study sessions since 2021, design revisions, application withdrawal and resubmittal under AB 2097, and Chevron’s proposed right-ofway donation.
He noted the Planning Commission’s July 2023 approval, contingent on the Zoning Text Amendment, and subsequent Council-requested analysis of the dedication. By summer 2025, dedication negotiations were complete, a Phase I environmental assessment conducted, and the project returned to the Council. He summarized the proposed amendments to Sections 17.2.3 (Definitions) and 17.8.5 (Downtown Commercial District Use Restrictions), the San Pablo Creek dedication, public correspondence, and site setbacks and connections.
Next steps include scheduling second reading and adoption at the January 20, 2026 Council meeting, after which the City Manager would accept the donation and record the dedication. Staff recommends waiving the full reading, introducing Ordinance 25-06, and reviewing and commenting on the negotiated dedication and donation.
Councilmember Malkani asked about the rationale for requiring the store entrance to be no more than 35 feet from the public sidewalk and whether the ordinance could omit this requirement without reintroduction. City Manager Smith confirmed that modifications could be made that evening before adoption, and Mr. Hughes explained the basis for the 35-foot maximum setback, as well as related use permit and design review requirements, noting that further revisions could also be made in the future.
Councilmember Riley asked what Mr. Hughes meant by resolving existing setbacks at other gas stations during planning. Mr. Hughes explained that if the 35-foot requirement were removed, staff could address pedestrian connections and site orientation during design review on a case-by-case basis for each project.
Councilmember Riley asked and confirmed there is one EV charging station.
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Vice Mayor Gee asked if there is an actual definition of “fresh food.” Mr. Hughes said this was discussed at the Planning Commission hearing. He crafted a list of what might encompass fresh food and a definition, as well as exploration of minimum flood space that would be required for fresh food. It was determined that was potentially overcomplicating things when they have limited resources for code enforcement.
Councilmember Malkani raised concerns about public safety and crime, recalling prior discussions with the Police Chief. Chief Rossi confirmed there is no data linking convenience stores in Orinda—or neighboring cities—to increased crime, noting that while there are calls for service, they do not indicate higher crime at these locations.
Councilmember Hoxie asked about crime trends at convenience stores in other cities and security system requirements. Chief Rossi said it is difficult to link expansions of existing stations to increased crime, and that security system details are determined by the applicant. City Manager Smith added that the Police Department uses crime prevention through environmental design, collaborating with retailers on layouts and systems to reduce risks.
Mayor Iverson asked whether revising the ordinance to allow all four convenience stores easier access would raise police concerns. Chief Rossi stated he had no concerns, noting that current staffing and response levels are sufficient to manage any potential impacts.
Councilmember Riley questioned the origin and purpose of the 20% rule and the 2,200– 3,000 square foot size requirement, expressing concern that other stations may not be able to meet it. Mr. Hughes explained that a 20% maximum is a common planning standard used to limit certain uses on a parcel and aligns with the City’s interest in controlling convenience store size. The square footage range was originally proposed by Chevron and was less evaluated for other stations, which may face constraints unless service bays are converted. He added that the City currently allows up to 40% maximum size but does not hold a strong position on this specific limitation.
Councilmember Riley further questioned why the 20% would be added to the 2,200-3,000 square foot size, and confirmed this was likely site specific because Chevron proposed this initially. Mr. Hughes added that at this stage he was not sure it would make sense to keep it included.
Mayor Iverson asked about potential incremental sales tax from the project. City Manager Smith explained that state law prohibits disclosing sales tax for individual businesses, allowing only aggregated reporting across multiple businesses. She added that property improvements would likely increase property tax revenue.
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Mayor Iverson also raised concerns about the “fresh food” requirement, noting public apprehension that the focus could shift to alcohol and snacks rather than actual food, and asked how expectations could be balanced without overregulation. Mr. Hughes clarified that while the City does not enforce strict requirements, “fresh food” is envisioned as graband-go items like fruit, sandwiches, and vegetables, acknowledging that alcohol and snack sales would likely also occur. Councilmember Malkani noted that Extra Mile stores typically have consistent offerings, and staff deferred further details to the applicant.
Councilmember Hoxie asked if public restrooms would be available, and Mr. Hughes deferred to the applicant.
Mayor Iverson called upon the applicant.
Jessie Burdowski, District Sales Manager for Chevron, requested City Council approval of revisions to the Orinda Municipal Code necessary to advance Chevron’s renovation project at 11 Orinda Way. She noted the project was previously approved, but is returning for a new first reading due to the passage of time and regulatory changes. Chevron has worked with City staff for over six years to address Council conditions, including an offer of dedication of creek-adjacent land, a pedestrian access easement, and a voluntary $24,874 donation to support pedestrian-friendly initiatives despite changes in state parking laws.
She emphasized Chevron’s commitment to safety, cleanliness, and consistent operations, and highlighted project benefits such as upgraded restrooms, extended-hour convenience offerings, improved aesthetics, a creek overlook deck, pedestrian-oriented design, bike parking, EV charging, and enhanced food and beverage options. She noted the City now has up to 10 years to execute the land dedication. Ms. Burdowski thanked staff and Council and urged approval of the ordinance amendments, stating the project would support a more vibrant and pedestrian-friendly downtown Orinda.
Councilmember Hoxie asked Ms. Burdowski to address security, alcohol sales compliance, and the potential for enhanced food and beverage offerings at the proposed convenience store. Ms. Burdowski outlined Chevron’s robust, standardized security measures, including a global security team, employee training, surveillance, regular assessments, and coordination with law enforcement, stating confidence that the store would not encourage crime.
In response to concerns about underage alcohol sales, Ms. Burdowski emphasized Chevron’s zero-tolerance policy and strict compliance practices, including frequent mystery shopper programs, mandatory ID scanning for customers under 30, and strong employee accountability. She confirmed alcohol sales would comply with state restrictions, with no sales between 2 a.m. and 6 a.m., and that store hours would be 24 hours per day.
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Regarding food and beverage offerings, Ms. Burdowski explained that Extra Mile stores maintain a consistent product model with some flexibility by location. She described available fresh deli items, hot food options, and a high-quality coffee program, noting adherence to strict food safety standards. She also stated that public restrooms are provided and maintained to a high cleanliness standard. Finally, she confirmed that the signage shown in the project plan reflects what is proposed.
Vice Mayor Gee asked and confirmed the current attendant space will be turned into a dispenser.
Councilmember Riley asked about seating, creek access, and parking at the proposed site. Ms. Burdowski stated that there will be 12 seats, all located outdoors, and that the observation area provides access to the creek via an easement. She explained that the project includes 10 designated parking spaces, with the fuel dispensers functioning as an additional 12 parking spaces.
Councilmember Riley also referenced the Santa Maria Way and Orinda Way area, confirming that it will be landscaped and designed to allow two vehicles to park in tandem in front of that area.
Mayor Iverson opened the Public Forum.
Brian Hubinger stated that he works for Chevron and passes the station daily, expressing support for refreshing and modernizing the site. He noted that as a parent who regularly waits nearby while dropping his child off at the soccer field, he sees value in the proposed improvements and views the project as a positive example for the City. He urged the Council to approve the modernization, citing the benefits it would bring to the community.
Mike McGill said he is a licensed civil engineer, complimented the City staff for all of the work they have done with this project, and said the Chamber has voted to support this project. They think it will add to the ambience of this part of the City, offers many features, and urged the Council to adopt staff’s recommendation tonight.
Alex Evans, a 26-year Orinda resident, supported the ordinance, noting that without approval the existing store would remain unchanged. He emphasized that the project offers modest improvements without major disruption, praised the thorough review process, and urged the Council to approve the ordinance to enhance the site for residents and benefit the City.
Sandy Roadcap voiced support for the project and amended ordinance, citing economic, environmental, and community benefits, as well as the removal of existing eyesores. She encouraged approval of the ordinance and negotiated offer of dedication, noting successful compromises on fresh food offerings. Ms. Roadcap emphasized the need to adapt to changing conditions and commended the Council’s focus on pedestrian safety, evacuation, and wildfire preparedness.
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Roy Hodgkinson, Secretary of the Chamber of Commerce and a long-time resident, thanked the Council, staff, and public for their work on the project and ordinance amendments. He expressed support for both, noting the ordinance changes are reasonable, specific, and narrowly scoped, with limited downside. He stated that clear and predictable regulations encourage investment, particularly in revitalizing underused commercial properties, and viewed Chevron’s willingness to rebuild the site as a positive signal that investment in Orinda is welcome and justified.
Ryan Kroll, attorney for Rebel Convenience (Shell station opposite Chevron), spoke with GM Max Seck and expressed support for the ordinance except for the 35-foot maximum distance to the sidewalk. He requested removing this provision, arguing it is arbitrary, does not meaningfully affect pedestrian access, and that police raised no concerns. He noted façade changes would still undergo design review, maintaining oversight.
Councilmember Malkani asked if increasing the limit to 60 feet would gain their support.
Mr. Kroll said any adjustment must allow all four existing locations to comply without costly demolition, suggesting either removal of the limit or a uniform standard.
Councilmember Riley asked about the 2,200–3,000 sq. ft. size limit. Mr. Kroll noted the Shell store is slightly over 3,000 sq. ft. and while adjustments might be possible, removing the limit entirely would be simpler; this was a lesser concern than the 35-foot requirement.
Councilmember Riley also asked about the service station area, and Mr. Kroll confirmed the car service area would likely be removed, while the car wash would remain.
Juliet Don, a longtime Orinda resident, supported Ordinance 25-06, noting it would enable the Orinda Chevron project to proceed with community benefits such as a modernized station, expanded food offerings, a creek overlook deck, and the City’s first EV charging station at a service station. She addressed concerns about crime and walkability, citing police consultation and Chevron’s security measures, and expressed overall support for the text amendments and project.
Rebuttal - Applicant
Jessie Burdowski, District Sales Manager for Chevron, expressed strong support for the proposed project, highlighting its alignment with Orinda’s downtown revitalization and business growth goals. She emphasized that the project will enhance the community by expanding food offerings, providing convenient retail options, and transforming an existing service bay into a distinctive, community-focused store that maintains the traditional main street character.
She noted that the design has been carefully tailored over several years based on community input and City feedback, resulting in a store unique to Orinda rather than typical of Chevron’s network. While the project team prefers to retain certain design elements developed in compliance with current ordinance standards, they are willing to support necessary ordinance adjustments to move the project forward.
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Ms. Burdowski concluded that the project represents a “win/win,” offering improved aesthetics, expanded products, a creek overlook deck, and EV charging, and expressed hope that the Council will recognize these benefits and approve the required ordinance modifications.
Councilmember Hoxie asked and confirmed that Wi-Fi has not been discussed but will be added as a follow-up item by Ms. Burdowski.
Mayor Iverson closed the public hearing and turned to discussion and direction.
Councilmembers acknowledged and appreciated public input reflecting current community perspectives on development, noting that some concerns may stem from unwarranted fears. They highlighted the project’s benefits, convenience for patrons, and the applicant’s responsiveness in addressing security and ABC issues, as well as delivering an attractive design. Members expressed openness to revisiting the 35-foot rule after project completion, considering flexibility on square-footage limitations, and recognized the numerous revisions made. They also noted that the ordinance had been previously approved and was being revisited after many years, and thanked the applicant for the changes.
Mayor Iverson proposed, for the second reading, adding use permit findings to ensure quality by requiring projects to be pedestrian-oriented, consistent with the Downtown Precise Plan, and supportive of biking and walking, noting these could be as effective as square footage limits or the 35-foot setback. She added that if there is no Council support, she would be amenable to addressing the issue later.
City Manager Smith stated she would refer the question of using the CUP process to address aesthetic or site-planning issues to the City Attorney.
City Attorney Osa Wolff directed the Council to the proposed ordinance language on packet page 142, outlining criteria for approval permits for this use at the site and potentially others. She explained that the 35-foot requirement, referenced in subsection b.iii, is intended to ensure the site is oriented not only to vehicle access but also to pedestrians. She noted that the 35-foot proximity and parallel wall requirements were previously used to achieve this goal, providing a rational basis for retaining the standard in the ordinance, and stated that the 35-foot figure is not arbitrary or lacking rational justification.
She then suggested language for b.iii state, “The building containing the proposed use shall include a pedestrian entrance oriented to a sidewalk in the public right-of-way,” and she thinks this would get at the same feelings people are describing here but might not have the 35-foot number and the 25-foot wall number.
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Mayor Iverson noted that Councilmembers had not raised concerns about the proposed building size range of 2,250–3,000 square feet versus the 20% limitation and asked whether it should be modified. Councilmembers Malkani and Hoxie expressed no need to change the 20% standard, with Councilmember Hoxie stating the size limits were not objectionable but raising greater concern about the 35-foot requirement and preferring a case-by-case approach to avoid blanket approvals.
City Manager Smith explained that each project would still require a discretionary CUP and, in many cases, site development review, preserving City oversight. She outlined the rationale for the 20% square-footage limit based on site sizes and noted it prevents overly large buildings inconsistent with market and community expectations. Mayor Iverson expressed concern that CUP findings could be too easily met, limiting discretion to achieve high-quality design outcomes.
Staff clarified that site development review would be triggered where building façades or service bays are modified, providing additional review authority. Discussion also addressed concerns about the potential loss of auto service uses citywide, with staff noting the Planning Commission would evaluate cumulative impacts on a case-by-case basis and that appeals could be brought to the Council.
City Attorney Wolff advised that the Council could retain, revise, or remove the 25-foot and 35-foot standards. She recommended, if desired, replacing them with a clearer requirement that buildings include a pedestrian entrance oriented to a public sidewalk, which would preserve pedestrian orientation without relying on specific distance standards.
Councilmember Hoxie confirmed that the Chevron building currently has a single entrance facing the pumps and that the proposed plans include a second entrance facing the sidewalk to comply with subsection iii. She asked whether having two entrances raised safety concerns. Mr. Hughes responded that safety considerations would primarily be the applicant’s responsibility, and noted that the register is located in a corner positioned between the two entrances.
With no consensus initially, Mayor Iverson invited comments from Councilmember Riley and Vice Mayor Gee. Councilmember Riley supported moving forward with the project and deferring any changes to the 35-foot or square-footage standards. Vice Mayor Gee agreed, stating she was comfortable retaining the square-footage provisions and was also open to the City Attorney’s suggested modification.
City Attorney Wolff outlined three options: adopt the ordinance as written, delete subsection iii entirely, or retain iii with more flexible language, recommending consultation with Mr. Hughes. City Manager Smith advised that if the Council wished to continue reviewing individual projects, the ordinance language should remain unchanged, noting that altering the 35-foot requirement could limit review to the Planning Commission.
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Mr. Hughes noted that variances and design review would still be available at the Planning Commission level, though Council review would generally occur only on appeal. He supported revising subsection iii for flexibility, stating staff would support a minor adjustment and characterizing the 35-foot setback as arbitrary.
Councilmember Malkani expressed reluctance to modify subsection iii during the meeting, noting that the discussion reinforced her view that the provision is tied to pedestrian access and not arbitrary. She supported proceeding with the staff recommendation and expressed willingness to revisit the issue in the future. The Council agreed, and she indicated readiness to make a motion.
MOTION by Councilmember Malkani, and seconded by Councilmember Hoxie, to waive the full reading of the text; Introduce Ordinance 25-06 amending Section 17.2.3 (Definitions) and Section 17.8.5 (Downtown Commercial District—Use Restrictions) of the Orinda Municipal Code to update regulations governing convenience markets and ancillary retail uses at service stations. Said motion carried by unanimous (5-0) vote.
Mayor Iverson asked whether Councilmembers had direction regarding the proposed land dedication and creek easement before proceeding. Councilmember Hoxie suggested deferring the discussion, while Councilmember Malkani stated that a 10-year timeframe was too long and recommended earlier action. With no further Council comments on the dedication or easement, Mayor Iverson noted she would submit her written comments to the City Attorney regarding the drafting of the indemnity provisions and certain “as is” language for Council consideration.
H. POLICY MATTERS
H.1 City Council Committee Appointment/Liaison List for 2026 The City Council is being asked to review and provide feedback on the Mayor‘s proposed 2026 Appointment/Liaison List and approve it as presented or with amendments. In accordance with the Council’s Policy and Procedures Manual, appointments designate Council representatives to serve on subcommittees, regional boards, and as liaisons to partner agencies and City commissions. The proposed list reflects the Mayor’s recommended updates for the upcoming year, and Council discussion will confirm or modify those assignments.
RECOMMENDATION:
Provide any feedback to the Mayor and approve the Appointment/Liaison List as proposed or amended.
City Manager Smith explained that the Mayor annually recommends committee, commission, and liaison appointments, and that she and Mayor Iverson had reviewed the proposed 2026 list, with changes from 2025 shown in red. Mayor Iverson noted receipt of correspondence from the Friends of Orinda Creeks, clarifying that Councilmember Riley is already the designated liaison and that the Council would respond accordingly. With no questions or comments, the Council was invited to approve the list.
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Councilmembers thanked the Mayor for her work, and City Manager Smith added that staff would coordinate with chairs and liaisons, distribute agendas, and that Councilmembers would take primary responsibility for outreach to public agencies and smaller nonprofits.
Mayor Iverson opened the Public Forum, and there were no speakers.
MOTION by Councilmember Hoxie, and seconded by Councilmember Malkani, to approve the Appointment/Liaison List, as proposed. Said motion carried by unanimous (5-0) vote.
K. MATTERS INITIATED
Mayor Iverson raised the longstanding no-left-turn restriction on Ivy Street as a Matter Initiated. Following Council discussion about potentially removing the sign pending a permanent decision, it was noted that a study session was scheduled to address the issue. The Council agreed to wait for the study session before taking any action.
L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 9:30 p.m. to the next Regular City Council Meeting on Tuesday, January 20, 2026 at 7:00 p.m. ______________________
Sheri Marie Smith
City Clerk