Orinda City Council Minutes Page 1 of 10 02.03.26
FEBRUARY 3, 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 Mayor Brandyn Iverson
COUNCILMEMBERS ABSENT: Vice Mayor Gee
B. PLEDGE OF ALLEGIANCE – Led by Mayor Iverson.
C. ADOPTION OF AGENDA
Mayor Iverson proposed moving the Councilmember and City Manager Reports to be heard before the Consent Calendar.
MOTION by Mayor Iverson, and seconded by Councilmember Malkani, to adopt the agenda, as amended. Said motion carried by unanimous (4-0-1) vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1 Recognition of Black History Month
Mayor Iverson recognized February as Black History Month.
Mayor Iverson opened the Public Forum, and there were no speakers.
E. PUBLIC FORUM
Priscilla Rich, a Danville resident and CEO of a 501(c)(3) nonprofit, discussed interest from former Mayor Malkani in her feature-length film Our Town—Making Impact for a Livable Planet. The film, produced last year across four counties, involved Bay Area high school students, environmental science teachers, a Sierra Club chapter leader, and a vice mayor.
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She proposed screening the film in the auditorium for up to 150 attendees, followed by a Q&A with herself and a Napa high school student, a breakout discussion on forming a Team 100 in Orinda, and using similar venues for screenings outside California beginning next fall.
I. COUNCILMEMBER REPORTS
Councilmember Riley reported at Recycle Smart’s retreat last week they reviewed the eight new agreements which take effect next year and residents will hear and learn about changes occurring in everyday recycling and trash.
Councilmember Hoxie reported attending the Lamorinda Fee & Financing Authority (LFFA) and Lamorinda Program Management Committee (LPMC) meetings on Vice Mayor Gee’s behalf and at the LFFA meeting, and described a reduction in impact rate fees.
Councilmember Malkani reported on her attendance to the Cal Cities Conference and Policy Division meeting in Sacramento and described presentations regarding the State budget and anticipated legislation.
Mayor Iverson reported attending a ribbon-cutting at the Orinda Care Center last week where the facility is re-introducing itself to the community with new management, personnel and facility upgrades.
Mayor Iverson opened the Public Forum.
Nick Waranoff corrected a statement from a Councilmember report that referenced a $20 million budget deficit which should be $20 billion, referred to the LFFA impact fees and confirmed this is only a transportation impact fee.
City Attorney Osa Wolff reminded Councilmembers about speaker protocols.
J. CITY MANAGER’S REPORT
City Manager Smith reported the following updates:
• Later this week, EBMUD will be working on their paving project on Camino Sobrante and the City will work with them to ensure they have temporary detours in place.
• She received notification that the BART Board is holding a workshop called, “The Alternative Services Workshop” on February 12th where they will pain the picture of what BART service might look like if there is not something on the ballot to help fund them over the long-term.
• She received information from Vice Mayor Gee that the RFP for the Regional Emergency Evacuation Planning effort has been put out.
• She reminded the public that the City will be hosting an evacuation modeling training on February 18 in the afternoon and February 24 in the evening, both on Zoom.
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• The City is still accepting applications for the 2026 Commission and Committee recruitments.
Mayor Iverson asked and confirmed the notice BART sent out was addressed to City staff and elected officials relating to the workshop and potential closure of BART stations.
Mayor Iverson opened the Public Forum.
Nick Waranoff stated BART announced some time ago it may be closing as many as 9 stations, but the public announcements never identified the stations. He requested a PRA and he received the list of the 9 stations. Orinda is not on the list but both Rockridge and Lafayette were included. He suggested the City start thinking about implications of the BART parking lot and limiting hours, relocating Orinda’s emergency services staging area for buses during evacuation, and other implications given housing future development.
F. CONSENT CALENDAR
Mayor Iverson asked and confirmed there were no requests for removal of items or public comments.
F.1 Approval of City Council Minutes
Approve City Council Minutes of:
1. January 13, 2026, Regular Meeting
2. January 20, 2026, Regular Meeting
F.2 Traffic Order to Authorize Orinda Way Street Closure for Farmers’ Market
Adopt Resolution 07-26 Authorizing the Closure of a Portion of Orinda Way (Traffic Order No. 240) to vehicular traffic to allow for space for farmers' market vendors.
F.3 Public Hearing: Ordinance 26-02 Amending Title 17 of the Orinda Municipal Code to Implement Housing Element Program Actions 1.A,
1.B, and 1.J Regarding Streamlined Approvals for Affordable Housing Waive the full reading of the text and introduce Ordinance 26-02 amending Title 17 of the Orinda Municipal Code to implement Housing Element Program Actions 1.A, 1.B, and 1.J regarding streamlined approvals for affordable housing for certain Housing Element sites.
MOTION by Mayor Iverson moved, and seconded by Councilmember Hoxie to approve Consent Calendar Items F.1, F.2, F.3. Said motion carried by unanimous (4-0-1) vote.
G. PUBLIC HEARING
A.1 Introduction of Zoning Map Amendment Ordinance 26-01, and Draft General Plan Map Amendment Resolution 01-26, and Draft Plan Orinda Revised Final EIR and CEQA Consistency Resolution 02-26, Regarding Amendments to the General Plan and Zoning for 23 Altarinda Road Orinda City Council Minutes Page 4 of 10 02.03.26
Take the following actions:
1. Waive the full reading and introduce Ordinance 26-01 Amending the Zoning Map to change the zoning designation for 23 Altarinda Road (APN 260-192-013) from “DO (Downtown Office)” to “DG (Downtown General).”
2. Direct staff to bring back for adoption Resolution 01-26 Amending the General Plan Map to change the land use designation from “Business and Professional Offices” to “Downtown – General” for 23 Altarinda Road (APN 260-192-013).
3. Direct staff to bring back for adoption Resolution 02-26 Affirming the Consistency of the 23 Altarinda Road Project with Plan Orinda and its certified revised Final EIR; Adopting Findings Under the California Environmental Quality Act (CEQA); and Adopting a Statement of Overriding Considerations for Those Impacts that were Found to be Significant and Unavoidable.
City Attorney Osa Wolff provided an overview of the hearing protocols, and the Mayor and Councilmembers then disclosed ex-parte communications.
Principal Planner Christine Thomson then gave the staff report, a summary of the request for rezoning of 23 Altarinda Road, and PowerPoint presentation regarding the proposed General Plan and zoning amendments, what the FEIR includes, CEQA determination, recent rezonings under the Housing Element, rezoning to Downtown General, public correspondences received in opposition, agency comments, recommendation of support by the Planning Commission, three evacuation scenarios performed for baseline zones along with 23 Altarinda using the Ladris software (fire evacuation software), and next steps.
Councilmember Malkani sought clarification on whether the rezoning alone is sufficient for tonight’s request. Ms. Thomson explained that the applicant controls the timing— rezoning and General Plan amendments are required before a project is submitted, but they do not need to occur simultaneously. She noted that the rezoning has already been evaluated for consistency with the Plan Orinda EIR.
Councilmember Malkani also asked for clarification on the Housing Element’s scope beyond RHNA allocations. Ms. Thomson emphasized that the Housing Element is a State-mandated General Plan component focused not only on meeting RHNA numbers but also on providing housing across the community, promoting social benefits, locating housing near resources and transit, and addressing affordability. City Manager Smith concurred, highlighting that the Housing Element’s purpose extends beyond simply complying with RHNA requirements.
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Councilmember Hoxie asked whether housing built on sites not originally identified in the Housing Element counts toward RHNA goals. Ms. Thomson explained that while RHNA establishes capacity targets, actual unit production depends on market and economic factors, and not all rezoned sites result in immediate housing. City Manager Smith added that HCD evaluates both RHNA sites and overall production, so new units can contribute even if outside original RHNA sites.
Councilmember Hoxie also asked about the impact of the recent CEQA lawsuit. City Attorney Wolff clarified that the City amended the Plan Orinda EIR as required, the court discharged the writ, and no further restrictions exist; the litigation does not limit housing development.
Regarding RHNA buffers, Ms. Wolff noted that the City had planned a substantial buffer, but HCD did not allow counting certain sites, reducing the buffer nearly to zero. While the City is not currently in a no net loss situation, rezoning 23 Altarinda—though not a Housing Element site—could help address potential shortfalls. Finally, Ms. Wolff explained that Altarinda was not included in the original downtown plan because the property owner had not engaged at the time, but the current request reflects changed circumstances.
Councilmember Malkani asked staff to review some of the mitigation measures to better understand progress the City is making on these and referred to packet page 98 on page 35 under Item G.1. City Manager Smith said the first set of the measures deal with transparency, tracking, and planning, and she provided the work being done, as follows:
• They are in the midst of updating their Emergency Operations Plan (EOP) including their wildfire evacuation annex;
• They are tracking all efforts pursuant to the wildfire mitigation measures and reporting on those;
• As part of the Safety Element, they have included wildfire mitigation measures as part of their reporting;
• The SSTOC is receiving regular updates on that. They went through to figure out the best way to deliver that information because there is such a volume of information to share. Two meetings ago, they found a good cadence for how to do that, and they will continue to do that. Those measures will be presented to the City Council on a regular basis.
• They have pursued grant funding, particularly for the Moraga Way widening and have received grant funding from the federal program and working with the Town of Moraga to receive that.
• The Council has been receiving updates on wildfire improvement measures and in the springtime, the Council will see it again, and she believes as part of the LFFA, wildfire capacity needs for the roadways are being evaluated as part of the fee update.
• They have monthly coordination calls with MOFD where they specifically have topics that are addressed in the wildfire mitigation measures. • They have made adjustments to staffing to address wildfire planning and emergency planning and are working currently on additional ways to enhance their education via www.Orindaready.com.
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• The Wildfire Evacuation Plan is Measure 13 which they are working on currently with a consultant who is developing their EOP. Measure 14 is the use of emerging technology; the Ladris program to help with modeling and public education as it relates to the time it could take to evacuate large-scale evacuations. They put 130 evacuation scenarios in the system, and the last 30+ are just zoned-based evacuations and they do not tie back to any wildfire. The other ones are tied to wildfire spread. There are some limitations on the technology relative to wildfire spread.
It does not model ember-casting and potentially structure to structure fires, but the detail on the vegetation mapping is highly precise down to the 5-meter level. This was a recent addition because of mapping efforts locally. So, they are confident in that level of vegetation mapping that is feeding the system. • They ensure they provide public education on the use of this tool. This is the first widespread public modeling that has been available, so they are basically a case study for other jurisdictions that are now looking at how to provide this information as a useful tool to the public in their own emergency preparedness planning.
Mayor Iverson called on the applicant for a presentation.
Brian Griggs, the applicant, acknowledged community concerns about wildfire safety and evacuation while emphasizing the need to balance public safety with the critical demand for additional housing. He stated that the request is limited to rezoning an underutilized medical office site for potential future residential use, does not approve a specific project, set precedent, or reopen prior planning efforts, and is consistent with state housing requirements. He noted the site’s prior environmental review, evacuation access, and traffic analysis, and thanked the Council and community for their thoughtful and balanced consideration.
Mayor Iverson opened the Public Forum.
Nick Waranoff argued that Orinda faces extreme wildfire risk and severely constrained evacuation conditions, citing state reports and environmental analyses concluding that additional housing would create significant and unavoidable evacuation impacts. He stated that supplemental analysis shows evacuation times could increase substantially if the site is rezoned, potentially endangering lives. He contended that the City has already met State housing requirements, criticized the adequacy of staff’s findings and the proposed Statement of Overriding Considerations, and urged the Council to prioritize life safety over further development.
Mayor Iverson stated the Council received four written public comments, and she closed the public comment period.
Rebuttal – Applicant
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Mr. Griggs acknowledged the validity of wildfire and evacuation concerns but stated that redevelopment of 23 Altarinda would not materially affect overall evacuation conditions.
He questioned the likelihood of development on other Housing Element sites due to feasibility constraints, emphasized that 23 Altarinda is an appropriate and viable housing location, and maintained that any impacts would be limited and manageable. He concluded by urging the Council to approve the rezoning.
Mayor Iverson closed the public hearing and returned to Council discussion and deliberation.
The Council expressed broad support for the rezoning. Councilmember Malkani found the information presented during the public hearing thorough, responsive to public comments, and appreciated the use of the Ladris wildfire tool for transparency, voicing full support for the rezoning request.
Councilmember Hoxie emphasized the site’s small size and proximity to existing housing, noting it would not significantly impact traffic, evacuation capacity, or community character, and should be encouraged as a beneficial improvement. Councilmember Riley agreed, citing the site’s logical location, potential for fewer occupants and vehicles than the existing medical office use, and reduced evacuation traffic. Mayor Iverson echoed these views, noting the rezoning aligns with state housing laws, the site’s proximity to BART, walkability, and the Council’s overall consensus in support.
MOTION by Councilmember Malkani, and seconded by Councilmember Hoxie, to waive the full reading and introduce Ordinance 26-01 Amending the Zoning Map to change the zoning designation for 23 Altarinda Road (APN 260-192-013) from “DO (Downtown Office)” to “DG (Downtown General)”; direct staff to bring back for adoption Resolution 01-26 Amending the General Plan Map to change the land use designation from “Business and Professional Offices” to “Downtown – General” for 23 Altarinda Road (APN 260-192-013) and making the CEQA overrides and findings. Said motion carried by unanimous (4-0-1) vote.
H. POLICY MATTERS
H.1 Supplemental Sales Tax Oversight Commission Annual Report for Fiscal Year 2024-2025
Receive Report.
Jud Hammon, SSTOC Commissioner, provided a PowerPoint presentation on the SSTOC annual report for Fiscal Year 2024-2025, provided a financial overview of Measure R revenues and expenditures, fund balance projections, accomplishments of wildfire risk reduction, road and storm drains, and conclusions with highlighting the need to pursue more aggressive means to reduce wildfire risk and continuing to protect the City’s investment in its roads and storm drains.
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The Council discussed wildfire preparedness programs and community outreach with the SSTOC. Councilmembers Malkani and Hoxie expressed support for expanding the incentive program, including increased funding flexibility, and emphasized the need to better assist and educate elderly residents. Commissioners highlighted the role of Firewise neighborhoods in identifying vulnerable households and noted available grant funding through Fire Safe Moraga-Orinda, while also acknowledging limitations of online education for seniors and plans to return with recommendations later in the year.
Councilmember Riley suggested using Seniors Around Town as an educational resource.
The Council also inquired about expanding no-parking rules on Red Flag Days and broader coordination with Fire Safe Moraga-Orinda, with staff noting current efforts are focused on main evacuation routes and that Firewise networks are the primary education mechanism.
Mayor Iverson and City Manager Smith thanked the SSTOC for its annual report, accomplishments, and volunteer efforts, noted the potential long-term fiscal benefits, and indicated further reporting and recommendations would return to the Council.
Mayor Iverson opened the Public Forum, and there were no speakers.
Councilmembers provided closing remarks surrounding their appreciation for SSTOC and staff work, asked that the SSTOC to continue community education refinement and engagement, public outreach and communications, and identification of resources.
H.2 State Housing Legislation and Housing Element Implementation Update – 2025 Calendar Year
The City Council will receive a presentation on recent State legislation and a summary of the Housing Element implementation activities as a preview to submitting the state-mandated Annual Progress Report no later than April 1, 2026.
Principal Planner Christine Thomson provided an overview of Housing Element implementation efforts in advance of the State-mandated Annual Progress Report due April 1, 2026. She summarized key housing laws adopted between 2017 and 2025, including the following: AB 130 and SB 131 (CEQA exemptions for infill housing projects), SB 684 and SB 1123 (create small subdivisions and increased housing production), and SB 79 (TOD and upzoning).
She also provided a description of recent legislation which the Council has seen such as AB 2011, SB 6 which surrounds allowing housing on parcels zoned office retail or parking, SB 4 relating to religious sites and college sites, SB 9 for duplexes created and lot splits, SB 330 for streamlining, and SB 35 focusing on streamlining multi-family housing, limiting design review and requires objective design standards.
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City Manager Smith noted that staff will return in March for further discussion on SB 1123, anticipating multiple and potentially controversial applications. She emphasized that SB 9 has been the most impactful state tool in Orinda to date, with 25 active projects, and noted that staff is working to improve public transparency by developing a webpage to track development applications as SB 9 activity continues and SB 1123 implementation accelerates.
Councilmembers discussed the application of SB 9 and other housing laws in Orinda.
Councilmember Hoxie asked about fire severity zone limitations; City Attorney Wolff explained that SB 9 projects are allowed in these zones if developers follow specific restrictions, including rules for lot splits, duplexes, and ADUs/JADUs. Councilmember Malkani inquired about the mix of SB 9 applications; Director Cross said most involve SB 9 units, ADUs, or single-family homes. Mayor Iverson noted that, of 25 SB 9 applications, 13 are single-family and 8 are lot splits, and requested a future deeper dive into Orindaspecific impacts of SB 9 and practical effects of AB 1123’s high fire severity restrictions.
Ms. Thomson explained that the matter was a preview, with a fuller implementation report forthcoming covering six major housing-related actions: production, conservation, creating opportunities, removing constraints, ensuring fair housing, and energy conservation.
City Manager Smith noted that failure to show progress by next year could trigger the 10% affordability requirement under RHNA, with SB 35 relevant for streamlined multifamily housing, and Mayor Iverson requested that progress be included in the on-line site and/or Manager’s upcoming Friday letter.
In conclusion, Ms. Thomson emphasized this is a preview and that staff continues to track housing laws, continuing implementation moving ahead on larger initiatives and ensuring smaller initiatives are addressed, and will return with more numbers, more qualitative information, quantitative information, what has had the greatest impact on Orinda, and any anticipated future laws coming forward.
City Manager Smith noted the bill period is now open in the State and until February 20th more bills will be tracked by staff and once the period has ended, staff will share what is on the docket.
Mayor Iverson opened the Public Forum, and there were no speakers. Councilmembers thanked staff for the update and report.
I. MATTERS INITIATED – Councilmember Hoxie moved to direct the City Manager to schedule a tri-agency meeting with Moraga and MOFD to discuss outreach, funding, and service coordination, with Mayor Iverson seconding and suggesting the Council’s liaison raise questions constructively. City Manager Smith noted she could reach out to gauge interest without a formal Council discussion, with City Attorney Wolff adding that a Matters Initiated item could be placed on a future agenda if needed.
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Councilmember Hoxie requested both—Council discussion on the meeting agenda and direction for the City Manager to contact the other agencies, including developing a list of questions for MOFD. Councilmember Malkani suggested incorporating this into the March 12 2x2 committee meeting. City Manager Smith proposed a parallel approach, returning on March 3 to allow preliminary discussion and feedback before the 2x2 meeting. The Council unanimously approved the Matters Initiated.
J. ADJOURNMENT
The Regular Meeting was adjourned at approximately 9:53 p.m. to the next Regular City Council Meeting on Tuesday, February 17, 2026 at 7:00 p.m. ______________________________
Sheri Marie Smith, City Clerk