Orinda City Council Minutes Page 1 of 6 01.20.26
JANUARY 20, 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 Iverson called the Regular Meeting to order at approximately 7:00 p.m.
COUNCILMEMBERS PRESENT: Cara Hoxie (participating remotely via Zoom), Latika Malkani, Janet Riley
Mayor Brandyn Iverson, Vice Mayor Darlene Gee
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Cub Scout Pack 459.
C. ADOPTION OF AGENDA
Mayor Iverson proposed moving the Councilmember and City Manager Reports to be heard before the Consent Calendar and after Public Forum.
MOTION by Mayor Iverson, 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 – None.
E. PUBLIC FORUM
Brad McCullough referred to the Consent Calendar item regarding the ordinance and said he is in favor of the changes to the Chevron station, thinks it will be beneficial to the City, thinks the negative statements are conjecture, and asked the Council to approve it.
Bill Waterman said he is speaking as a resident and voiced support of the Chevron station project. He thanked City staff, the City Attorney for working on the indemnity language which is very involved, and said a lot of thought and energy has gone into the project from the City and Chevron. After the many years, he asked the Council to approve it as many people support the project.
I. COUNCILMEMBER REPORTS – None.
J. CITY MANAGER’S REPORT
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City Manager Smith reported the following updates:
• www.OrindaReady.com has been launched and available to the public, and the City is prepared to hold two facilitated meetings in February for those who want to use it or have questions. Postcards will be mailed to residents to ensure they are aware of the meetings, one of which will be held via Zoom and one meeting in person.
• Touch a Truck event reservations are now open; and
• The Commission and Committee applications are open and she invited people to apply, stating the Council will review applications in February.
F. CONSENT CALENDAR
Mayor Iverson asked if there were any requests to remove Item F.1 and/or public comments. Vice Mayor Gee requested removal of the item to make a few comments, and there was no public comment.
Item Removed from the Consent Calendar:
F.1 Adoption of Ordinance 25-06, amending 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 consider adoption of Ordinance 25-06, which was introduced at the City Council Meeting of January 13, 2026. Ordinance 25- 06 would modify regulations for convenience markets and ancillary retail uses at service stations in response to an application by Chevron.
RECOMMENDATION:
Adopt Ordinance 25-06, waiving full reading, 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.
Vice Mayor Gee reaffirmed her support for the item and explained it was pulled due to public correspondence suggesting the ordinance would force changes to the Shell Station, which she clarified is not the case unless Shell independently proposes modifications.
City Manager Smith confirmed that the ordinance does not require changes to the existing building, and any future proposal by Shell would be voluntary and subject to City review.
Councilmember Malkani noted that Shell’s existing building does not comply with current setback standards, meaning any changes would require a separate design review and/or variance. Mayor Iverson emphasized that broader land use considerations, such as concentration of use, are appropriately addressed through the discretionary use permit process when an actual application is submitted.
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MOTION by Vice Mayor Gee moved, and seconded by Councilmember Hoxie to approve Consent Calendar Item F.1. Said motion carried by unanimous (5-0) roll call vote.
K. PUBLIC HEARING – None.
L. POLICY MATTERS
H.1 Amendment No. 1 to the Professional Services Agreement with NCE for the Storm Drain Asset Survey and GIS Data Collection Project The City Council will consider approval of Amendment No. 1 to the NCE Professional Services Agreement and a budget increase for the GIS Field Survey and Mapping of Private and Public Storm Drains Project. Field verification work revealed the storm drain system is significantly larger than originally estimated, with over 1,900 additional assets identified and approximately 3,250 more requiring survey.
RECOMMENDATION:
1. Approve Amendment No. 1 to the Professional Services Agreement with NCE for additional storm drain asset field survey and GIS data collection work;
2. Approve Budget Change Form #010-26 increasing the budget from $497,500 to $672,000, which includes a contingency of $87,666 (15%); and Authorize the City Manager to approve change orders within the approved contingency.
Senior Civil Engineer Ha Nguyen presented a staff report on Amendment No. 1 to the NCE Professional Services Agreement for the GIS Field Survey and Mapping of Private and Public Storm Drains Project. The amendment includes a time extension to December 31, 2026, and a budget increase to address expanded project needs. The original contract amount of $497,500 is increased by $186,334, resulting in a revised contract total of $584,334, with a 15% contingency for a total project authorization of $672,000. The project will be funded by Measure R Fund 106. Staff recommends Council approval of the amendment, the associated budget change, and authorization for the City Manager to approve change orders within the approved contingency.
Mayor Iverson opened the Public Forum, and there were no speakers.
City Manager Smith explained that the request reflects an iterative effort to fully inventory storm drain assets, which exceeded initial expectations, and confirmed the item was brought forward in response to prior Infrastructure Committee discussions.
Councilmember Malkani and Vice Mayor Gee emphasized the value of the project in addressing long-standing gaps in storm drain mapping, improving understanding of both public and private systems, and preventing infrastructure failures. Mayor Iverson acknowledged the project’s cost and importance while raising concerns about potential City obligations related to documenting private assets.
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Staff explained that many property owners are unaware of their maintenance responsibilities and that incorporating this information into a GIS system will improve transparency, owner awareness, and system management.
Councilmembers expressed broad support for completing the project, noting its long-term benefits to the City and residents.
MOTION by Vice Mayor Gee moved, and seconded by Councilmember Malkani to approve Amendment No. 1 to the Professional Services Agreement with NCE for additional storm drain asset field survey and GIS data collection work; approve Budget Change Form #010-26 increasing the budget from $497,500 to $672,000, which includes a contingency of $87,666 (15%); and authorize the City Manager to approve change orders within the approved contingency. Said motion carried by unanimous (5-0) roll call vote.
H.2 Study Session
The City Council will hold a study session to further examine housing affordability, including a review of existing State laws/programs designed to encourage affordable development, along with a set of final recommendations for the potential adoption of an inclusionary housing ordinance. Staff will review the ordinance language, discuss fee calculation methods and schedule updates. Additionally, Staff will contextualize the impact of an adoption of an ordinance, including the possible number of units created and/or in-lieu fee collected as part of any adopted ordinance.
RECOMMENDATION:
Receive the presentation, receive public comment, and provide feedback on the pursuit of an Inclusionary Housing Ordinance (IHO).
Principal Planner Christine Thompson stated she, Director Cross, Planner Hughes, as well as consultant, Lisa Wise Consulting have been involved with this item. She gave background information on the matter, noted the inclusionary housing ordinance (IHO) and affordable housing at large is part of the Housing Element, which was certified in 2023. There have been Council discussions looking into the details of what it would take to adopt an inclusionary housing ordinance in May and October of that year.
At the same time, MTC’s TOC (Transit-Oriented Communities) policy started to take shape in 2024 and in 2025 the City of Orinda went forward with an IHO project to understand all dynamics and assess whether this is right for Orinda or not. And, in 2025, the City had a market study presentation and study sessions.
Ms. Thompson gave a PowerPoint presentation and an overview of a proposed Inclusionary Housing Ordinance (IHO) as part of the City’s Housing Element implementation, outlining applicability, affordability requirements, in-lieu fees, incentives, feasibility findings, and administrative framework. The proposal would apply to projects of 11 units or more, require 15% affordability, allow partial construction or in-lieu fees, and generate funding to support affordable housing, with staff seeking Council direction prior to formal adoption.
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Council discussion focused on consistency with regional policies, funding eligibility, feasibility, income targeting, and comparisons with neighboring jurisdictions. Members raised questions regarding the use and timing of in-lieu fees, treatment of rental versus for-sale projects, exemption of single-family housing, project size thresholds, and potential impacts on development viability.
Staff clarified that regional policy targets were informational rather than mandatory, that the ordinance is one of several tools to meet Housing Element and RHNA goals, and that flexibility, waivers, and alternative compliance options could be incorporated. Council also discussed historical housing production, market assumptions, construction cost estimates, and the City’s limited experience with recent multi-family development.
Mayor Iverson opened the Public Forum, and there were no speakers.
Councilmembers expressed general support for adopting an inclusionary housing ordinance but agreed they were not ready to act without further analysis. Key concerns included whether the proposed 15% requirement is too high, appropriate use of in-lieu fees, exemption of single-family homes, feasibility assumptions, and limited local development experience. Several members favored a lower percentage, such as 10% or 12%, and emphasized the need for flexibility and the ability to adjust the ordinance over time.
Vice Mayor Gee and others supported moving forward to avoid the City being perceived as noncompliant, noting that the ordinance can be refined and that developers are likely to rely on density bonuses regardless. Mayor Iverson cautioned against adopting a rigid policy without real development experience, emphasizing competing project cost demands and the importance of allowing developers flexibility in meeting community goals.
The Council reached consensus to continue the discussion through the Council Affordable Housing Subcommittee to further evaluate key policy issues, seek additional input from developers, and refine recommendations. Staff will return with a more developed proposal for future consideration by the Planning Commission and City Council.
City Manager Smith confirmed Council direction to continue discussion on considering the 15%, whether to include single-family homes, whether costs in the study were realistic market costs, and input from developers, and the in-lieu fee, unit size, type, and quality of construction, and partial build. Staff can regroup internally and figure out when it would come back to the Council.
Mayor Iverson and Councilmembers thanked staff for their work and staff report, citing the complexity of the matter.
M. MATTERS INITIATED – None.
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N. ADJOURNMENT
The Regular Meeting was adjourned at approximately 9:00 p.m. to the next Regular City Council Meeting on Tuesday, February 3, 2026 at 7:00 p.m. ______________________
Sheri Marie Smith
City Clerk