Agenda packet, regular meeting — Orinda City Council, February 17, 2026 (part 1 of 2)

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, February 17, 2026
07:00 PM
Orinda Library Auditorium
26 Orinda Way, Orinda, CA
Zoom Webinar Link: https://www.tinyurl.com/OrindaCityCouncil YouTube: https://www.youtube.com/@cityoforinda9535/streams HOW TO PARTICIPATE IN THE MEETING:

In-Person Speaker Cards: If you would like to speak during the public forum or on an item listed on the agenda, you are invited to submit a speaker card to the City Clerk. You will be permitted to speak even if you choose not to submit a speaker card or decline to provide the requested information on the card. After the City Council has heard from everyone who submitted a speaker card, anyone who has not submitted a speaker card may form a line at the lectern. Public comment is generally limited to 3 minutes per speaker per agenda item.

Written Comments: You may also submit a public comment in advance of the meeting by following the instructions below:

Deliver to City Hall at 22 Orinda Way or send an e-mail to [email protected] by 3 pm on the day of the meeting. Those comments will be forwarded to the City Council. They will also be part of the public record and available for viewing in the public review binder at Orinda City Hall, located at 22 Orinda Way. In addition, they will be available electronically by 5 pm on the day of the meeting by selecting the date of the meeting in this Box account link: https://tinyurl.com/Orinda-Public-Comment Remote Comments: Remote Public Comments have been discontinued for the foreseeable future. This does not include teleconference locations.

Assisted Listening Devices: Assisted listening devices are available on the table in the rear of the Auditorium.

CALL TO ORDER/ROLL CALL
Councilmembers: Cara Hoxie, Latika Malkani, Janet Riley Vice Mayor Darlene Gee, Mayor Brandyn Iverson

PLEDGE OF ALLEGIANCE
A.

ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.

ITEMS FOR THE GOOD OF THE CITY

PUBLIC FORUM
The public forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the City Council that is not on the agenda. Additionally, a speaker has the option of addressing the Council on an item listed on the agenda, if the speaker will not be present when that agenda item is taken up. When an item is not listed on the agenda, State law prohibits Council discussion or action. Councilmembers may only “briefly respond” to statements made and questions posed. For example, State law allows Councilmembers to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, consistent with the “Matters Initiated” rule contained in its Policies and Procedures Manual, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.

CONSENT CALENDAR
Approval of City Council Minutes Page 8
The City Council will consider approval of the Meeting Minutes of:

1. February 3, 2026, Regular Meeting
RECOMMENDATION:

Approve City Council Minutes of:

1. February 3, 2026, Regular Meeting
Investment Report for the Quarter Ending December 31, 2025 Page 19 The City Council will receive the quarterly report on the City’s investments, consistent with California Government Code Section 53646(b) and the City's Investment Policy. This report covers the period of October 1, 2025, to December 31, 2025.

RECOMMENDATION:

Accept the Investment Report for the quarter ending December 31, 2025.

AB 2561 Report on the Status of Vacancies and Recruitment and Retention for Calendar Year 2025 (Public Hearing)

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Pursuant to Assembly Bill 2561, the City Council will receive a report on an overview C.

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of employee vacancies, the factors contributing to those vacancies, and the strategies the City of Orinda is implementing to support recruitment, retention, and continuity of municipal services.

RECOMMENDATION:

Review and accept the report on the status of vacancies and recruitment and retention for calendar year 2025.

Adoption of 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

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The City Council will consider adoption of Ordinance 26-02 to make changes to Title 17 of the Orinda Municipal Code to implement certain Housing Element program actions. Specifically, the Ordinance codifies State mandates requiring streamlined approval for multifamily housing developments on certain Housing Element sites, provided the project includes at least 20 percent affordability for lower-income households. The proposed Ordinance would not alter the uses allowed or the procedures Staff would otherwise follow, as State law already mandates these streamlining provisions.

RECOMMENDATION:

Waive the full reading of the text and adopt 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.

Adoption of Ordinance 26-01 Zoning Map Amendment and General Plan Map Amendment Resolution 01-26, and Plan Orinda Revised Final EIR and CEQA Consistency Resolution 02-26, Regarding Amendments to the General Plan and Zoning for 23 Altarinda Road

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Concurrent with the action to approve the zoning change would be an amendment to the General Plan. The General Plan and zoning designation changes were included as part of Plan Orinda and evaluated in the Final EIR.

The City Council will also consider adoption of Resolution 01-26 amending the General Plan Map, and adoption of Resolution 02-26 affirming the consistency of the F.4
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23 Altarinda Road Project with Plan Orinda and its Certified Revised Final EIR and adopting a Statement of Overriding Considerations. Two updates to the information previously presented are included to first, reflect the discussion regarding the Findings of Fact and Statement of Overriding Considerations and, second, complete additional wildfire analysis using Ladris software displayed in an update results table.

RECOMMENDATION:

Take the following actions:

Waive the full reading and adopt 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).”

1. Adopt 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).

2. Adopt 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.

3. PUBLIC HEARING

POLICY MATTERS
Art in Public Places Committee 2025 Annual Report Page 162 The City Council will receive the annual report from the Arts in Public Places Committee with information highlighting the goals and objectives for the year.

RECOMMENDATION:

Accept the report.

Accept Artwork Donations of Current Loaned Artwork to Allow for Continued Public Display through the Art in Public Places Program

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The City Council is being asked to consider Resolution No. 06-26 authorizing the City to accept the permanent donation of five currently loaned artworks recommended by the Art in Public Places Committee. Acceptance of these donations would allow the artworks to remain on public display, transfer ownership to the City, and ensure appropriate rights for display and reproduction, subject to agreements approved by the City Manager and City Attorney. The recommended pieces have been favorably received by the community, and, at this time, there is no direct fiscal impact to the City associated with accepting the donations.

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RECOMMENDATION:

Approve Resolution No. 06-26 the Donation of Artworks Offered by Kati Casida; Ted Urban; and Gyongy Laky.

Update on the Transit-Oriented Communities Policy and
Acceptance of a $300,000 Parking Management Grant from the Metropolitan Transportation Commission (MTC)

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In November 2024, the City was awarded a $300,000 grant to fund consultant services for a comprehensive evaluation of parking strategies in Downtown Orinda.

The Metropolitan Transportation Commission (MTC) established compliance with its Transit-Oriented Communities (TOC) Policy as a prerequisite for future funding eligibility under the upcoming fourth round of One Bay Area Grant Funding (OBAG 4) in Fiscal Years 2026-30.

While the study scope anticipates analysis of potential TOC guidelines, acceptance of this technical assistance grant does not mandate compliance with TOC Policy.

RECOMMENDATION:

Take the following actions:

Adopt Resolution 09-26, accepting a $300,000 grant for technical assistance for parking management in Downtown Orinda;

1. Consider suggestions for staff on potential additions to the scope of work that align with both City goals and TOC Policy;

2. Defer consideration of any formal commitment to MTC TOC Policy compliance until the assessment methodology has been finalized by MTC.

3. Orinda BART Station – Update from BART Board Workshop from February 12

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The City Council receive a report on the February 12, 2026, BART Board Workshop where the possibility of station closures was discussed. As part of the packet for that workshop, the Orinda BART station was included for possible closure if there is no revenue measure to support operations. The Mayor sent in a public comment letter to the BART Board on February 11.

RECOMMENDATION:

Receive the report and provide comment.

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City of Orinda 2026 Legislative Platform Page 271
The City Council will consider the proposed 2026 Legislative Platform. The Platform is consistent with the adopted 2025 Platform with some refinements and reorganization of information within the document itself. The Guiding Principles and the Public Policy Priority Categories remain the same.

RECOMMENDATION:

Approve the City’s 2026 Legislative Platform.

COUNCILMEMBERS' REPORTS

CITY MANAGER'S REPORT

MATTERS INITIATED

ADJOURNMENT
Please visit the City's website at www.cityoforinda.gov to view the City Council Meeting Calendar.

I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda has been posted at least 24 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City's website at www.cityoforinda.org. At Least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.

I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City's website at www.cityoforinda.gov. ~Notices~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure 1094.6). Further, if you file a challenge in Court, you may be limited by California law, including but not limited to Government Code 65009, to those issues raised in connection with the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply.

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~Accessible Public Meetings~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary. Please contact the City Clerk's Office, 22 Orinda way, Orinda, CA 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.

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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: February 17, 2026
SUBJECT:

Approval of City Council Minutes
EXECUTIVE SUMMARY:

The City Council will consider approval of the Meeting Minutes of:

1. February 3, 2026, Regular Meeting
RECOMMENDATION:

Approve City Council Minutes of:

1. February 3, 2026, Regular Meeting
STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. City Council Minutes of February 3, 2026

Respectfully Submitted by,
Sheri Smith, City Clerk
Approved By:

Linda Smith, City Manager
Item F.1
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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.

Item F.1
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Orinda City Council Minutes Page 2 of 10 02.03.26
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.

Item F.1
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Orinda City Council Minutes Page 3 of 10 02.03.26
• 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 Item F.1
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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 Thompson 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. Thompson 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. Thompson 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.

Item F.1
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Orinda City Council Minutes Page 5 of 10 02.03.26
Councilmember Hoxie asked whether housing built on sites not originally identified in the Housing Element counts toward RHNA goals. Ms. Thompson 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.

Item F.1
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Orinda City Council Minutes Page 6 of 10 02.03.26
• 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
Item F.1
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Orinda City Council Minutes Page 7 of 10 02.03.26
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.

Item F.1
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Orinda City Council Minutes Page 8 of 10 02.03.26
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 Thompson 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.

Item F.1
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Orinda City Council Minutes Page 9 of 10 02.03.26
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. Thompson 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. Thompson 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.

Item F.1
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Orinda City Council Minutes Page 10 of 10 02.03.26
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
Item F.1
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: February 17, 2026
SUBJECT:

Investment Report for the Quarter Ending December 31, 2025 EXECUTIVE SUMMARY:

The City Council will receive the quarterly report on the City’s investments, consistent with California Government Code Section 53646(b) and the City's Investment Policy. This report covers the period of October 1, 2025, to December 31, 2025.

RECOMMENDATION:

Accept the Investment Report for the quarter ending December 31, 2025.

BACKGROUND:

The City’s Investment Policy is reviewed and approved annually by the City Council and establishes the framework for managing public funds in accordance with the Prudent Investor Standard under state law (Government Code Section 53600 et seq). The Policy outlines authorized investment types, maturity and credit quality limits, and diversification requirements to ensure the objectives of safety, liquidity, and yield. The Policy also requires the City Treasurer to submit a report on the City's investments to the City Council on a quarterly basis, consistent with California Government Code 53646(b). This quarterly report summarizes the City’s investment holdings, portfolio performance, and compliance with the City’s Investment Policy and California Government Code.

The City of Orinda uses Chandler Asset Management (Chandler), an independent fiduciary advisor, to manage a portion of its portfolio. The funds under management by Chandler are managed as a Reserve Portfolio. The City’s strategy is to retain sufficient cash flow to manage day-to-day operations and have Chandler focus on longer-term investment management. All investments, managed by Chandler, are held by the City in a safekeeping account through US Bank.

The City also uses the Local Agency Investment Fund (LAIF), which is a pooled investment managed by the State Treasurer. This investment provides relatively liquid access to balances, with a limit of 15 transactions per month. The cost value shown for the City’s LAIF investment represents the City’s contractual rights to its LAIF account and does not represent the value of the underlying portfolio securities.

Item F.2
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In addition, on May 7, 2024, the City opened a Money Market account with Mechanics Bank which has a limit of five transactions per month to manage liquidity.

The Governmental Accounting Standards Board Statement 31 (GASB 31) requires the City to recognize the fair market value of its investments at the end of each fiscal year.

The market values are obtained from the State Controller’s office for Local Agency Investment Funds (LAIF), and from Chandler for the Reserve Portfolio. The difference between market value and cost as of June 30, 2026, will be reflected in the City’s financial statements for Fiscal Year 2025-26 as an adjustment to interest income for each of the City’s funds on a pro-rata basis as required by GASB 31. Market values change daily and the change in market value is considered temporary in nature, as the City mostly holds its investments until maturity, when they can be redeemed at par value.

It is appropriate to keep in mind that the portfolio reflects all funds and is not limited to the General Fund. The City operates with a system of pooled cash which includes Restricted Funds, Debt Service Funds, Capital Project Funds, as well as the General Fund.

DISCUSSION:

The quarterly report prepared by Chandler (Attachment A) for the quarter ending on December 31, 2025, provides the following information about the risk characteristics of the City's reserve portfolio:
1) Economic Update - provides a general economic background on key indicators that may impact the investment results. This information is useful in evaluating the performance of the portfolio as well as expected trends. (Attachment A pages 2-13).
2) Account Profile - describes the objectives and strategy used for the portfolio, compliance with the adopted Investment Policy, and key data related to the issuers. This section breaks down the reserve portfolio to provide key performance data. (Attachment A pages 14-27). A schedule on pages 16-18 displays whether holdings are in compliance with the California State Government Code and the City’s Investment policy.
3) Portfolio Holdings - provides details for each security held in the portfolio including purchase date, maturity date, market value, and rating. (Attachment A pages 28-36).
4) Transactions - show all purchases, sale of holdings and maturity for each month in the quarter. The Transaction Data included in the report displays all transactions including the settlement date. (Attachment A pages 37-39).

Local Agency Investment Fund (LAIF) statements (Attachment B) and Mechanics Bank Money Market account statements (Attachment C) provide a listing of monthly transactions and balances. Detailed investment information for LAIF can be found on the California State Treasurer's website (www.treasurer.ca.gov/pmia-laif/pmia).

Item F.2
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Portfolio Performance
As shown in the table below, the City had approximately $40.1 million (book value) invested as of December 31, 2025, and it was divided between investments in the State Treasurer Local Agency Investment Fund (LAIF), Money Market account, and funds managed by Chandler Investments. The comparison information is based on the market value of investments.

The overall average purchase yield to maturity on the entire portfolio was 4.04%. The reported purchase yield was 4.31% one year ago (Quarter ending December 31, 2024).

These figures relate to the combined portfolio, including LAIF, Money Market account, and the Reserve funds managed by Chandler. The average purchase yield for the Reserve portfolio managed by Chandler is 4.32% (page 19), which is same as in the prior quarter.

Page 13 ends

over the previous five years. At the end of December 2025, the two-year Treasury yield was 3.47%. The Federal Reserve's December Federal Open Market Committee (FOMC) meeting concluded with the third consecutive quarter percent interest rate cut in 2025, lowering the target range to 3.50%–3.75%. However, in response to somewhat higher inflation, the Federal Reserve opted to maintain the federal funds rate at the target range of 3.5% to 3.75% during its January 28, 2026, FOMC meeting.

An important consideration for public funds is the safety of investments. The investments owned by the City are of a high quality as required by the Investment Policy.

As a reminder, the City cannot invest in bonds with a maturity of more than five years.

The weighted average maturity of the City’s entire portfolio is 1.02 years compared to the benchmark (ICE BofA 1-3 Year US Treasury & Agency Index) maturity guiding the Item F.2
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portfolio selection of 1.85 years. As of December 31, 2025, Chandler's Reserve portfolio had a longer average maturity of 2.32 years (Page 19), allowing for higher yields as interest rates decline.

The City maintains liquidity using LAIF and the Money Market account combined with cash in its checking account to protect against the need to liquidate an investment before maturity.

All investment categories in the portfolio comply with the City’s Investment Policy and the Government Code in terms of allowed investments. The City Treasurer believes the pooled cash and investments contain sufficient cash flow liquidity to meet the next six months of expected expenditure as required by the California Government Code §53646 (b)(3).

FISCAL IMPACT:

There is no fiscal impact on accepting this quarterly investment report.

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. Reserve Portfolio Report for Oct 2025- Dec 2025
B. LAIF Statements for Oct 2025 – Dec 2025
C. Money Market Account Statement for Oct 2025-Dec 2025 Respectfully Submitted by,
Douglas Alessio, Assistant City Manager
Approved By:

Linda Smith, City Manager
Item F.2
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INVESTMENT REPORT
City of Orinda | As of December 31, 2025
CHANDLER ASSET MANAGEMENT | chandlerasset.com
Chandler Team:

For questions about your account, please call (800) 317-4747, or contact [email protected]
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.

Item F.2
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TABLE OF CONTENTS

ECONOMIC UPDATE

ACCOUNT PROFILE

PORTFOLIO HOLDINGS

TRANSACTIONS
1 Item F.2
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ECONOMIC UPDATE
2 Item F.2
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▪
▪
▪
The near-term economic outlook continues to be distorted by the data delays from the government shutdown. Recently released government data—reflecting conditions from two to three months ago—indicate inflation remains moderately above the Federal Reserve’s target, while labor market conditions have continued to soften. As the flow of economic data normalizes, the Chandler team expects further yield curve steepening as the Federal Reserve moves the policy rate toward a more neutral range. U.S. trade and fiscal policy also remain sources of elevated market uncertainty.

The Federal Reserve's December Federal Open Market Committee meeting concluded with the third consecutive 25-basis-point rate cut in 2025, lowering the target range to 3.50%–3.75%. However, policymakers remain divided on the path forward. Four Fed governors project one additional 25-basis-point cut in 2026, another four anticipate no further easing, eight expect multiple cuts, and three call for a potential rate hike. Chair Jerome Powell noted that the Fed is now “well placed to wait and see” how labor market conditions and inflation evolve in the near term.

The US Treasury yield curve steepened in December, as the 2-year Treasury yield dropped 2 basis points to 3.48%, the 5-year Treasury was up 13 basis points to 3.73%, and the 10-year Treasury yield was 15 basis points higher at 4.17%. The spread between the 2-year and 10- year Treasury yield points on the curve was 17 basis points wider from November at +69 basis points at December month-end. The spread between the 2-year Treasury and 10-year Treasury yield one year ago was +33 basis points. The spread between the 3-month and 10-year Treasury yield points on the curve was +54 basis points in December versus +21 basis points in November.

ECONOMIC UPDATE
3 Item F.2
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-400
-200
0 200
400
600
800
1,000
MOM Change In Thousands (000's)
Nonfarm Payroll (000's)
Non-farm Payroll (000's)
3-month average (000's)
-1.0%

3.0%

7.0%

11.0%

15.0%
Unemployment Rate
Underemployment Rate (U6)
Unemployment Rate (U3)
Rate (%)
The December Nonfarm Payrolls report showed weaker-than-expected job growth, with payrolls rising by 50,000 compared with the consensus estimate of 70,000. This follows a downwardly revised gain of 56,000 in November. Employment declines were most pronounced in retail trade and construction, while leisure and hospitality posted the strongest gains. Notably, the unemployment rate edged down to 4.4% after increasing to 4.6% in November.

Source: US Department of Labor Source: US Department of Labor

EMPLOYMENT
4 Item F.2
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0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
Job Openings
Recession
Historical Average In Thousands (000's)
The Labor Department’s Job Openings and Labor Turnover Survey (JOLTS) reported that job openings fell to 7.1 million in November from a downwardly revised 7.4 million in October. The drop in vacancies, alongside slower hiring, suggests the labor market continues to soften, though employers remain cautious about laying off workers. The number of openings now roughly matches the number of unemployed individuals, pointing to a labor market that is approaching equilibrium.

Source: US Department of Labor

JOB OPENINGS & LABOR TURNOVER SURVEY
5 Item F.2
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0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

9.0%

10.0%
Consumer Price Index (CPI)
CPI YOY % Change
Core CPI YOY % Change
YOY (%) Change

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%
Personal Consumption Expenditures (PCE)
PCE Price Deflator
YOY % Change
PCE Core Deflator
YOY % Change
Fed Target
YOY (%) Change
Inflation came in lower than expected in November, with the Consumer Price Index (CPI) rising 2.7% year over year and core CPI easing to

2.6%. Notably, both Owners’ Equivalent Rent and Rent of Primary Residence contributed to the slowdown in services inflation. Shelter costs typically lag broader market trends by 12 to 18 months. Services, meanwhile, have remained the dominant driver of inflation throughout the post-pandemic period. The Personal Consumption Expenditures (PCE) Index for September, released on December 5, showed headline inflation up 0.3% from August and 2.8% year over year. Core PCE rose 0.2% on the month and 2.8% on an annual basis.

Source: US Department of Labor Source: US Department of Commerce

INFLATION
6 Item F.2
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0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%
Retail Sales YOY % Change
YOY (%) Change
October Retail Sales, released with a one-month delay, were flat from the prior month butup 3.5% year over year. Eight of thirteen major categories posted gains, while motor vehicle sales declined following the expiration of federal tax incentives for electric vehicles, and gas station sales weakened amid lower fuel prices. The government shutdown may have weighed on consumer confidence regarding jobs, incomes, and overall financial conditions, both current and in the future. The Conference Board’s Consumer Confidence Index declined to

89.1 in December from an upwardly revised 92.9 in November, marking its fifth consecutive monthly drop. Consumers were pessimistic about both business conditions and the labor market.
0 20
40 60
80 100
120
140
160
Index Level
Consumer Confidence
Recession
Source: US Department of Commerce Source: The Conference Board All time high is 144.70 (1/31/00); All time low is 25.30 (2/28/09)

CONSUMER
7 Item F.2
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-25.0%
-20.0%
-15.0%
-10.0%
-5.0%

0.0%

5.0%

10.0%

15.0%
Leading Economic Indicators (LEI)
Recession
YOY (%) Change
-1.00
-0.75
-0.50
-0.25

0.00 0.25

0.50 0.75

1.00 Chicago Fed National Activity Index (CFNAI)
Recession
3 Month Average
The Conference Board’s Leading Economic Index (LEI) declined 0.3% in September, marking its second consecutive monthly decrease after a revised 0.3% drop in August. On a year-over-year basis, the index fell 3.3%. According to the Conference Board, weakening expectations among consumers and businesses contributed most to the LEI’s overall decline. The index continues to signal slower economic growth through the end of 2025 and into 2026. The Chicago Fed National Activity Index (CFNAI) came in at -0.21 in September, following a downwardly revised -0.31 in August, signaling that U.S. economic activity remained below its historical trend for the sixth consecutive month. The three-month moving average ticked down to -0.21 in September from -0.18 in August, reinforcing signs of ongoing below-trend national growth. Employment-related indicators turned slightly positive, contributing +0.01 in September after a -0.11 result in August.

Source: The Conference Board Source: Federal Reserve Bank of Chicago

LEADING INDICATORS OF ECONOMIC ACTIVITY
8 Item F.2
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0 200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
2,200
2,400
In Thousands of Units
Annualized Housing Starts
Multi Family Housing Starts
Single Family Housing Starts
The S&P Cotality Case-Shiller 20-City Composite Home Price Index rose 1.3% year over year in October, slightly down from a 1.4% gain in September and marking the slowest annual increase since mid‑2023. Short-term momentum also weakened, with 80 percent of the 20 tracked markets recording month-over-month price declines on a non-seasonally adjusted basis. Housing starts declined in October to an annualized rate of 1.25 million units, down from 1.29 million in September. Existing home sales inched higher in November to a 4.13 million-unit pace, indicating only modest improvement despite some relief in mortgage rates. The Freddie Mac 30‑year fixed mortgage rate fell throughout 2025 and averaged 6.18% at the end of December.

Source: US Department of Commerce Source: S&P
-20.0%
-16.0%
-12.0%
-8.0%
-4.0%

0.0%

4.0%

8.0%

12.0%

16.0%

20.0%

24.0%
S&P/Case-Shiller 20 City Composite Home Price Index
Recession
YOY (%) Change

HOUSING
9 Item F.2
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40 45
50 55
60 65
70 Institute of Supply Management (ISM) Surveys
ISM Manufacturing ISM Services

EXPANDING

CONTRACTING
The Institute for Supply Management’s (ISM) manufacturing index slipped to 47.9 in December, down from 48.2 in November, marking continued weakness across the sector. Manufacturing activity has now been in contraction for 36 of the past 38 months, as readings below 50 indicate contraction and those above 50 signal expansion. The latest decline was driven primarily by pullbacks in the Production and Inventories components. In contrast, the ISM services index remained in expansion territory, rising to 54.4 in December from 52.6 in November. Respondents attributed the improvement to seasonal strength, though many remained cautious about the potential impact of tariffs.

Source: Institute for Supply Management

SURVEY BASED MEASURES
10 Item F.2
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Components of GDP 12/24 3/25 6/25 9/25

2.6% 0.4% 1.7% 2.4%
-1.3% 3.8% -2.7% 0.0%
-0.1% -4.7% 4.8% 1.6%

0.3% -0.4% -0.4% 0.2%

0.3% 0.2% 0.3% 0.2%

1.9% -0.6% 3.8% 4.3%
State and Local (Consumption and Gross
Investment)
Personal Consumption Expenditures
Gross Private Domestic Investment
Net Exports and Imports
Federal Government Expenditures
Total
-10.0%

0.0%

10.0%

20.0%

30.0%

40.0%
Gross Domestic Product (GDP)
GDP QOQ % Change
GDP YOY % Change
Source: US Department of Commerce Source: US Department of Commerce The U.S. inflation adjusted gross domestic product (GDP) report demonstrated continued strength in the third quarter, with the first estimate showing a 4.3% annualized quarter-over-quarter increase, up from 3.8% in the second quarter. Consumer spending accelerated, while exports contributed 1.6 percentage points to growth—both key drivers of the quarter’s performance. The stronger-than-expected result represented the fastest pace of U.S. economic expansion in two years. The consensus projection calls for 1.1% growth in the fourth quarter and 2.0% growth for the full year 2025.

GROSS DOMESTIC PRODUCT (GDP)
11 Item F.2
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Source: Federal Reserve Source: Bloomberg
0 1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
10,000,000
Federal Reserve Balance Sheet Assets
Recession
In $ millions
The Federal Reserve lowered its benchmark interest rate by a quarter point to a target range of 3.50% to 3.75% at its December meeting, citing concerns about emerging weakness in the labor market. A few policymakers dissented, arguing that tighter monetary policy may still be warranted to ensure progress on price stability. Beginning December 1, the Fed also halted its balance sheet runoff, announcing that principal and interest payments from its holdings will be reinvested in Treasury securities to maintain ample reserves and support market stability.

FEDERAL RESERVE

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%
Effective Federal Funds Rate
Recession
Yield (%)
12 Item F.2
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Source: Bloomberg Source: Bloomberg

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%
US Treasury Note Yields
2-Year
5-Year
10-Year
Yield (%)

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%
US Treasury Yield Curve
Dec-25
Sep-25
Dec-24
Yield (%)
At the end of December, the 2-year yield was 77 basis points lower, and the 10-year yield was 40 basis points lower, year-over-year. The spread between the 2-year and 10-year Treasury yield points on the curve increased to +69 basis points at December month-end versus +52 basis points at November month-end. The prior 2-year/10-year yield curve inversion, which spanned from July 2022 to August 2024, was historically long. The average historical spread (since 2005) is about +95 basis points. The spread between the 3-month and 10-year Treasury yield points on the curve was +54 basis points in December versus +21 basis points in November.

BOND YIELDS
13 Item F.2
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ACCOUNT PROFILE
14 Item F.2
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OBJECTIVES
Investment Objectives
The City of Orinda's investment objectives, in order of priority, are to provide safety to ensure the preservation of capital in the overall portfolio, provide sufficient liquidity for cash needs and a market rate of return consistent with the investment program.

Chandler Asset Management Performance Objective
The performance objective for the portfolio isto earn a total rate of return over a market cycle that equals or exceeds the benchmark, the ICE BofA 1-3 Year US Treasury and Agency Index.

Strategy
In order to achieve these objectives, the portfolio invests in high quality fixed income securities consistent with the investment policy and California Government Code. 15 Item F.2
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STATEMENT OF COMPLIANCE
City of Orinda Reserve Portfolio | Account #10296 | As of December 31, 2025 Rules Name Limit Actual Compliance
Status Notes

AGENCY MORTGAGE SECURITIES
Max % (MV) 20.0 5.9 Compliant
Max Maturity (Years) 5.0 3.7 Compliant

ASSET-BACKED SECURITIES (ABS)
Max % (MV) 20.0 13.1 Compliant
Max % Issuer (MV) 5.0 1.3 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant

BANKERS' ACCEPTANCES
Max % (MV) 40.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 180 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant

CERTIFICATE OF DEPOSIT PLACEMENT SERVICE
(CDARS)
Max % (MV) 30.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
COLLATERALIZED TIME DEPOSITS (NONNEGOTIABLE CD/TD)
Max % (MV; FDIC & Collateralized CD/TD) 20.0 0.0 Compliant Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 3.0 0.0 Compliant

COMMERCIAL PAPER
Max % (MV) 25.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 270 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant

CORPORATE MEDIUM TERM NOTES
Max % (MV) 30.0 26.7 Compliant
Max % Issuer (MV) 5.0 1.8 Compliant
16 Item F.2
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STATEMENT OF COMPLIANCE
City of Orinda Reserve Portfolio | Account #10296 | As of December 31, 2025 Rules Name Limit Actual Compliance
Status Notes
Max Maturity (Years) 5 3 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

FDIC INSURED TIME DEPOSITS (NON-NEGOTIABLE
CD/TD)
Max % (MV; FDIC & Collateralized CD/TD) 20.0 0.0 Compliant Max Maturity (Years) 3 0.0 Compliant

FEDERAL AGENCIES
Max % (MV) 100.0 18.7 Compliant
Max % Issuer (MV) 25.0 10.9 Compliant
Max Callables (MV) 20.0 0.0 Compliant
Max Maturity (Years) 5 2 Compliant

LOCAL AGENCY INVESTMENT FUND (LAIF)
Max Concentration (MV) 75.0 0.0 Compliant

MONEY MARKET MUTUAL FUNDS
Max % (MV; Money Market Fund & Mutual Fund) 20.0 0.6 Compliant Max % Issuer (MV) 20.0 0.6 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant

MORTGAGE-BACKED SECURITIES (NON-AGENCY)
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant

MUNICIPAL SECURITIES (CA, LOCAL AGENCY)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

MUNICIPAL SECURITIES (CA, OTHER STATES)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
17 Item F.2
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STATEMENT OF COMPLIANCE
City of Orinda Reserve Portfolio | Account #10296 | As of December 31, 2025 Rules Name Limit Actual Compliance
Status Notes
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

MUTUAL FUNDS
Max % (MV; Money Market Fund & Mutual Fund) 20.0 0.6 Compliant Max % Issuer (MV) 10.0 0.0 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant

NEGOTIABLE CERTIFICATES OF DEPOSIT (NCD)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1 if > FDIC Limit) 0.0 0.0 Compliant

SUPRANATIONAL OBLIGATIONS
Max % (MV) 30.0 3.2 Compliant
Max % Issuer (MV) 10.0 2.2 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV) 100.0 31.8 Compliant
Max % Issuer (MV) 100.0 31.8 Compliant
Max Maturity (Years) 5 4 Compliant
18 Item F.2
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PORTFOLIO CHARACTERISTICS
City of Orinda Reserve Portfolio | Account #10296 | As of December 31, 2025 Benchmark* 12/31/2025
Portfolio
9/30/2025
Portfolio
Average Maturity (yrs) 1.85 2.32 2.32
Average Modified Duration 1.76 1.87 1.88
Average Purchase Yield 4.32% 4.32%
Average Market Yield 3.50% 3.70% 3.83%
Average Quality** AA+ AA AA
Total Market Value 12,182,049 12,047,094
*Benchmark: ICE BofA 1-3 Year US Treasury & Agency Index **The credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch. 19 Item F.2
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SECTOR DISTRIBUTION
City of Orinda Reserve Portfolio | Account #10296 | As of December 31, 2025 Sector as a Percentage of Market Value
Sector 12/31/2025 09/30/2025
US Treasury 31.78% 31.26%
Corporate 26.73% 25.63%
Agency 18.73% 18.70%
ABS 13.12% 12.32%
Agency CMBS 5.93% 5.92%
Supras 3.15% 3.15%
Money Mkt Fd 0.57% 3.02%
20 Item F.2
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DURATION ALLOCATION
City of Orinda Reserve Portfolio | Account #10296 | As of December 31, 2025 0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5-7 7+
12/31/2025 2.2% 0.6% 16.0% 33.8% 38.8% 8.5% 0.0% 0.0% 0.0% 21 Item F.2
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0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5-7 7+
Portfolio 2.3% 0.6% 16.0% 33.8% 38.8% 8.5% 0.0% 0.0% 0.0% ICE BofA 1-3 Year US Treasury & Agency Index 0.0% 0.0% 4.0% 57.4% 38.6% 0.0% 0.0% 0.0% 0.0%

DURATION DISTRIBUTION
City of Orinda Reserve Portfolio | Account #10296 | As of December 31, 2025 Portfolio Compared to the Benchmark
22 Item F.2
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ISSUERS
City of Orinda Reserve Portfolio | Account #10296 | As of December 31, 2025 Issuer Investment Type % Portfolio
United States US Treasury 31.78%
Federal Home Loan Banks Agency 10.90%
Farm Credit System Agency 7.82%
FHLMC Agency CMBS 5.93%
International Bank for Recon and Dev Supras 2.24%
The Home Depot, Inc. Corporate 1.79%
Amazon.com, Inc. Corporate 1.57%
PACCAR Inc Corporate 1.49%
Morgan Stanley Corporate 1.27%
Wells Fargo & Company Corporate 1.26%
Blackrock, Inc. Corporate 1.26%
Citigroup Inc ABS 1.25%
American Honda Finance Corporation Corporate 1.25%
JPMorgan Chase & Co. Corporate 1.24%
Royal Bank of Canada Corporate 1.21%
National Rural Utilities Cooperative Corporate 1.20%
Realty Income Corporation Corporate 1.15%
American Express Company Corporate 1.09%
Ford Credit Auto Owner Trust ABS 1.08%
Honda Auto Receivables Owner Trust ABS 1.08%
Cisco Systems, Inc. Corporate 1.05%
Mastercard Incorporated Corporate 1.04%
Deere & Company Corporate 1.04%
BMW Vehicle Owner Trust ABS 1.04%
Northern Trust Corporation Corporate 1.04%
UnitedHealth Group Incorporated Corporate 1.02%
Bank of America Corporation Corporate 1.01%
Chase Issuance Trust ABS 1.00%
The Goldman Sachs Group, Inc. Corporate 0.99%
Hyundai Auto Receivables Trust ABS 0.96%
23 Item F.2
Packet Page 46

ISSUERS
City of Orinda Reserve Portfolio | Account #10296 | As of December 31, 2025 Issuer Investment Type % Portfolio
BMW Vehicle Lease Trust ABS 0.96%
International Finance Corporation Supras 0.92%
Caterpillar Inc. Corporate 0.91%
American Express Credit Master Trust ABS 0.84%
WF Card Issuance Trust ABS 0.80%
John Deere Owner Trust ABS 0.75%
Toyota Auto Receivables Owner Trust ABS 0.71%
GM Financial Automobile Leasing Trus ABS 0.71%
Eli Lilly and Company Corporate 0.62%
State Street Corporation Corporate 0.62%
Mercedes-Benz Auto Lease Trust ABS 0.62%
First American Govt Oblig Fund Money Mkt Fd 0.57%
Mercedes-Benz Auto Receivables Trust ABS 0.50%
Bank of America Credit Card Trust ABS 0.46%
The Toronto-Dominion Bank Corporate 0.46%
Target Corporation Corporate 0.38%
PepsiCo, Inc. Corporate 0.38%
Alphabet Inc. Corporate 0.37%
GM Financial Securitized Term ABS 0.35%
Cash Cash 0.00%
TOTAL 100.00%
24 Item F.2
Packet Page 47

QUALITY DISTRIBUTION
Rating 12/31/2025 09/30/2025
AAA 14.28% 14.84%
AA 59.67% 58.87%
A 20.29% 21.38%
BBB 2.26% 1.30%
NA 3.50% 3.61%
Rating 12/31/2025 09/30/2025
Aaa 12.12% 12.68%
Aa 59.33% 59.12%
A 22.86% 22.40%
NA 5.69% 5.80%
Rating 12/31/2025 09/30/2025
AAA 13.65% 15.22%
AA 58.63% 58.24%
A 12.02% 12.14%
NA 15.71% 14.39%
City of Orinda Reserve Portfolio | Account #10296 | As of December 31, 2025 S&P Rating Moody’s Rating Fitch Rating
25 Item F.2
Packet Page 48
TOTAL RATE OF RETURN* 3 Months 12 Months 2 Years 3 Years 5 Years 10 Years Since Inception Orinda Reserve Portfolio 1.15% 5.50% 4.95% 4.90% 2.17% 2.12% Benchmark 1.12% 5.09% 4.58% 4.48% 1.79% 1.80%
*Periods over 1 year are annualized.

Total rate of return: A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending market value; it includes interest earnings, realized and unrealized gains and losses in the portfolio.

Benchmark: ICE BofA 1-3 Year US Treasury & Agency Index

INVESTMENT PERFORMANCE
City of Orinda Reserve Portfolio | Account #10296 | As of December 31, 2025 Total Rate of Return : Inception | 03/01/2016
26 Item F.2
Packet Page 49

HISTORICAL AVERAGE PURCHASE YIELD
City of Orinda Reserve Portfolio | Account #10296 | As of December 31, 2025 Purchase Yield as of 12/31/25 = 4.32%
27 Item F.2
Packet Page 50

PORTFOLIO HOLDINGS
28 Item F.2
Packet Page 51

HOLDINGS REPORT
City of Orinda Reserve Portfolio | Account #10296 | As of December 31, 2025 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
ABS
05611UAD5 BMWLT 2024-1 A3 4.98
03/25/2027 55,149.25 06/20/20245.40%
54,856.27
55,018.90
100.24

3.75%
55,280.28

45.77 0.46%
261.38
Aaa/AAA
NA

1.23 0.19
38012QAD0 GMALT 2024-3 A3 4.21
10/20/2027 30,000.00 09/24/20244.61%
29,996.45
29,997.90
100.15

3.98%
30,046.02

38.59 0.25%

48.12 NA/AAA
AAA

1.80 0.58
05613MAD1 BMWLT 2024-2 A3 4.18
10/25/2027 30,000.00 10/01/20244.49%
29,997.23
29,998.35
100.31

3.82%
30,093.27

20.90 0.25%

94.92 Aaa/NA
AAA

1.82 0.79
58770JAD6 MBALT 2024-A A3 5.32
01/18/2028 30,000.00 05/17/20245.73%
29,996.49
29,998.04
100.97

4.03%
30,291.51

70.93 0.25%
293.47
Aaa/NA
AAA

2.05 0.72
58769GAD5 MBALT 2024-B A3 4.23
02/15/2028 45,000.00 09/17/20244.24%
44,992.43
44,995.26
100.22

3.97%
45,099.68

84.60 0.37%
104.41
NA/AAA
AAA

2.13 0.74
362962AD4 GMALT 2025-2 A3 4.58
05/22/2028 55,000.00 05/20/20254.84%
54,999.09
54,999.27
100.90

3.87%
55,493.57

76.97 0.46%
494.30
NA/AAA
AAA

2.39 1.18
438123AC5 HAROT 2023-4 A3 5.67
06/21/2028 24,804.22 11/01/20235.74%
24,799.85
24,801.89
101.09

4.09%
25,074.91

39.07 0.21%
273.02
Aaa/NA
AAA

2.47 0.64
096912AD2 BMWLT 2025-1 A3 4.43
06/26/2028 30,000.00 06/03/20254.82%
29,999.34
29,999.46
100.86

3.79%
30,259.26

22.15 0.25%
259.80
NA/AAA
AAA

2.49 1.27
89238DAD0 TAOT 2024-A A3 4.83 10/16/2028 50,114.48 01/23/2024

4.89%
50,104.45
50,108.54
100.65

3.98%
50,439.57
107.58

0.42%
331.03
Aaa/AAA
NA

2.79 0.72
36268GAD7 GMCAR 2024-1 A3 4.85
12/18/2028 12,434.65 01/09/20244.91%
12,432.15
12,433.15
100.61

4.00%
12,510.53

25.13 0.10%

77.38 Aaa/NA
AAA

2.97 0.68
161571HV9 CHAIT 241 A 4.6 01/16/2029 120,000.00 01/24/2024

4.61%
119,981.72
119,988.79
100.90

3.75%
121,075.08
245.33

1.00%
1,086.29
NA/AAA
AAA

3.04 0.99
096919AD7 BMWOT 2024-A A3 5.18
02/26/2029 49,280.66 06/04/20245.18%
49,273.18
49,275.66
100.91

3.98%
49,730.45

42.55 0.41%
454.79
Aaa/AAA
NA

3.16 0.73
43813YAC6 HAROT 2024-3 A3 4.57
03/21/2029 70,000.00 08/09/20244.66%
69,989.00
69,992.27
100.76

3.84%
70,532.00

88.86 0.58%
539.73
Aaa/NA
AAA

3.22 0.97
02582JKH2 AMXCA 2024-1 A 5.23 04/16/2029 100,000.00 04/16/2024

5.30%
99,979.50
99,986.46
101.89

3.75%
101,890.30
232.44

0.84%
1,903.84
NA/AAA
AAA

3.29 1.22
58768YAD7 MBALT 2025-A A3 4.61
04/16/2029 60,000.00 05/14/20254.66%
59,992.69
59,993.84
101.32

3.94%
60,791.16
122.93

0.50%
797.32
NA/AAA
AAA

3.29 1.84
05522RDJ4 BACCT 2024-1 A 4.93 05/15/2029 55,000.00 06/06/2024

4.93%
54,996.91
54,997.89
101.57

3.78%
55,861.63
120.51

0.46%
863.74
Aaa/AAA
NA

3.37 1.30
29 Item F.2
Packet Page 52

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
34535VAD6 FORDO 2024-D A3 4.61
08/15/2029 70,000.00 11/19/20244.66%
69,997.75
69,998.28
101.10

3.89%
70,769.93
143.42

0.59%
771.65
Aaa/NA
AAA

3.62 1.43
096924AD7 BMWOT 2025-A A3 4.56
09/25/2029 75,000.00 02/04/20254.56%
74,992.61
74,994.03
101.01

3.82%
75,754.28

57.00 0.63%
760.25
Aaa/AAA
NA

3.73 1.27
44935CAD3 HART 2025-A A3 4.32 10/15/2029 70,000.00 03/04/2025

4.84%
69,989.68
69,991.49
100.74

3.90%
70,518.35
134.40

0.58%
526.86
NA/AAA
AAA

3.79 1.61
437921AD1 HAROT 252 A3 4.15 10/15/2029 35,000.00 04/29/2025

4.15%
34,996.09
34,996.66
100.61

3.84%
35,214.10

64.56 0.29%
217.43
Aaa/NA
AAA

3.79 1.77
89231HAD8 TAOT 2025-B A3 4.34 11/15/2029 35,000.00 04/24/2025

4.82%
34,997.99
34,998.29
100.78

3.93%
35,274.65

67.51 0.29%
276.36
NA/AAA
AAA

3.87 1.72
44935XAD7 HART 2025-B A3 4.36 12/17/2029 45,000.00 06/03/2025

4.36%
44,995.94
44,996.44
100.95

3.87%
45,429.62

87.20 0.38%
433.17
NA/AAA
AAA

3.96 1.79
47800UAD8 JDOT 2025-B A3 4.17 12/17/2029 90,000.00 07/10/2025

4.52%
89,979.08
89,981.26
100.78

3.86%
90,702.09
166.80

0.75%
720.83
Aaa/NA
AAA

3.96 2.24
34532BAG6 FORDO 2025-B A3 3.91
04/15/2030 60,000.00 09/23/20254.27%
59,993.53
59,993.91
100.35

3.78%
60,212.10
104.27

0.50%
218.19
Aaa/NA
AAA

4.29 2.18
362549AD9 GMCAR 2025-2 A3 4.28
04/16/2030 30,000.00 05/06/20254.71%
29,995.58
29,996.15
100.76

3.82%
30,227.37

53.50 0.25%
231.22
Aaa/AAA
NA

4.29 1.52
92970QAJ4 WFCIT 2025-1 A 4.34 05/15/2030 95,000.00 06/03/2025

4.33%
94,998.42
94,998.60
101.33

3.78%
96,261.13
183.24

0.80%
1,262.53
NA/AAA
AAA

4.37 2.21
17305EHA6 CCCIT 2025-A1 A1 4.3 06/21/2030 150,000.00 10/09/2025

3.90%
151,500.00
151,373.60
101.16

3.80%
151,741.80
179.17

1.25%
368.20
Aaa/AAA
NA

4.47 2.32
Total ABS 1,571,783.26 4.66%
1,572,823.42
1,572,904.39
100.94

3.85%
1,586,574.61
2,625.39

13.12%
13,670.22

3.38 1.43
AGENCY
3133EPSW6 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.5 08/14/2026 215,000.00 08/09/20234.58%
214,505.50
214,898.48
100.55

3.59%
216,179.28
3,681.88

1.79%
1,280.79
Aa1/AA+
AA+

0.62 0.60
3130AYPN0 FEDERAL HOME LOAN BANKS

4.125 01/15/2027 200,000.00 01/30/20244.21%
199,556.00
199,844.19
100.64

3.49%
201,280.40
3,804.17

1.66%
1,436.21
Aa1/AA+
AA+

1.04 0.99
3130B0TY5 FEDERAL HOME LOAN BANKS 4.75
04/09/2027 250,000.00 --4.84%
249,355.07
249,726.69
101.68

3.38%
254,207.25
2,704.86

2.10%
4,480.56
Aa1/AA+
AA+

1.27 1.21
30 Item F.2
Packet Page 53

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
3133ERDS7 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.75 05/06/2027 168,000.00 05/22/20244.70% 168,221.26
168,100.57
101.63

3.49%
170,741.76
1,219.17

1.41%
2,641.19
Aa1/AA+
AA+

1.34 1.29
3133ERMB4 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.25 07/23/2027 200,000.00 07/23/20244.32% 199,626.00
199,805.82
101.12

3.50%
202,243.60
3,730.56

1.67%
2,437.78
Aa1/AA+
AA+

1.56 1.47
3130ATUS4 FEDERAL HOME LOAN BANKS 4.25
12/10/2027 225,000.00 02/21/20234.26%
224,889.75
224,957.13
101.44

3.47%
228,244.05
557.81

1.89%
3,286.92
Aa1/AA+
AA+

1.94 1.85
3133EPGW9 FEDERAL FARM CREDIT BANKS
FUNDING CORP 3.875 04/25/2028 100,000.00 04/27/20233.77% 100,473.00
100,218.76
100.80

3.51%
100,802.00
710.42

0.83%
583.24
Aa1/AA+
AA+

2.32 2.18
3130AWC24 FEDERAL HOME LOAN BANKS 4.0
06/09/2028 400,000.00 --4.27%
395,306.00
397,674.97
101.12

3.52%
404,471.60
977.78

3.35%
6,796.63
Aa1/AA+
AA+

2.44 2.30
3130AWTR1 FEDERAL HOME LOAN BANKS

4.375 09/08/2028 225,000.00 09/07/20234.49%
223,849.13
224,382.05
102.14

3.53%
229,812.75
3,089.84

1.90%
5,430.70
Aa1/AA+
AA+

2.69 2.49
3133EPWK7 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.5 09/22/2028 250,000.00 10/12/20234.71%
247,682.50
248,721.07
102.44

3.55%
256,111.00
3,093.75

2.12%
7,389.93
Aa1/AA+
AA+

2.73 2.52
2,223,464.21 101.40 2,264,093.69 18.73% 1.85
Total Agency 2,233,000.00 4.44% 2,228,329.74 3.50% 23,570.23 35,763.95 1.74

AGENCY CMBS
3137FBBX3 FHMS K-068 A2 3.244 08/25/2027 125,000.00 05/12/2023

3.98%
121,352.54
123,630.72

99.12 3.71%
123,902.38
337.92

1.02%
271.66
Aaa/AA+
AA+

1.65 1.51
3137FBU79 FHMS K-069 A2 3.187 09/25/2027 121,392.12 06/09/2023

4.41%
115,711.34
119,149.32

98.93 3.74%
120,090.67
322.40

0.99%
941.35
Aa1/AAA
AA+

1.73 1.61
3137F4D41 FHMS K-074 A2 3.6 01/25/2028 99,896.45 11/19/2024

4.50%
97,184.42
98,152.15

99.52 3.75%
99,420.04
299.69

0.82%
1,267.89
Aa1/AA+
AAA

2.07 1.89
3137FGR31 FHMS K-078 A2 3.854 06/25/2028 99,000.00 12/13/2023

4.73%
95,801.84
97,266.27
100.01

3.76%
99,009.50
317.96

0.82%
1,743.23
Aa1/AA+
AAA

2.48 2.20
3137FJEH8 FHMS K-081 A2 3.9 08/25/2028 170,000.00 09/16/2025

3.73%
170,484.77
170,436.62
100.08

3.79%
170,142.80
552.50

1.41%
(293.82)
Aa1/AA+
AAA

2.65 2.45
3137FPJG1 FHMS K-099 A2 2.595 09/25/2029 109,000.00 01/07/2025

4.78%
99,232.58
101,284.03

95.51 3.91%
104,105.36
235.71

0.86%
2,821.33
Aa1/AA+
AAA

3.73 3.40
699,767.49 98.97 716,670.75 5.93% 2.38
Total Agency CMBS 724,288.56 4.28% 709,919.10 3.78% 2,066.17 6,751.65 2.17 31 Item F.2
Packet Page 54

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
CASH
CCYUSD Receivable 351.72 -- 351.72
351.72

1.00 351.72

0.00 0.00%

0.00 Aaa/AAA
AAA

0.00 0.00
Total Cash 351.72
351.72
351.72

1.00 351.72

0.00 0.00%

0.00 0.00

0.00 CORPORATE
857477CD3 STATE STREET CORP 5.272
08/03/2026 75,000.00 07/31/20235.27%
75,000.00
75,000.00
100.64

4.16%
75,476.78
1,625.53

0.62%
476.78
Aa3/A
AA0.590.48
437076CV2 HOME DEPOT INC 4.95
09/30/2026 40,000.00 11/27/20235.04%
39,912.40
39,976.89
100.75

3.92%
40,298.28
500.50

0.33%
321.39
A2/A
A

0.75 0.64
713448FW3 PEPSICO INC 5.125 11/10/2026 45,000.00 11/08/2023

5.13%
44,987.85
44,996.53
101.05

3.87%
45,470.43
326.72

0.38%
473.90
A1/A+
NA

0.86 0.75
89115A2V3 TORONTO-DOMINION BANK 5.264
12/11/2026 55,000.00 12/04/20235.26%
55,000.00
55,000.00
101.23

3.92%
55,674.25
160.84

0.46%
674.25
A2/AAA0.94

0.91 24422EXF1 JOHN DEERE CAPITAL CORP 4.5
01/08/2027 125,000.00 01/10/20244.53%
124,902.50
124,966.79
100.76

3.73%
125,946.13
2,703.13

1.04%
979.34
A1/A
A+

1.02 0.97
78016HZT0 ROYAL BANK OF CANADA 4.875
01/19/2027 145,000.00 02/27/20254.45%
146,110.70
145,616.52
101.03

3.86%
146,500.46
3,180.94

1.21%
883.94
A1/A
AA1.050.99
17275RBQ4 CISCO SYSTEMS INC 4.8
02/26/2027 125,000.00 03/20/20244.73%
125,233.75
125,087.66
101.12

3.79%
126,401.38
2,083.33

1.05%
1,313.72
A1/AANA1.16

1.02 665859AW4 NORTHERN TRUST CORP 4.0
05/10/2027 125,000.00 11/02/20225.01%
119,893.75
123,469.36
100.33

3.75%
125,407.75
708.33

1.04%
1,938.39
A2/A+
A+

1.36 1.22
437076DB5 HOME DEPOT INC 4.875
06/25/2027 100,000.00 --4.94%
99,818.25
99,910.37
101.69

3.69%
101,691.00

81.25 0.84%
1,780.63
A2/A
A

1.48 1.34
09290DAH4 BLACKROCK INC 4.6 07/26/2027 150,000.00 --

4.59%
150,053.60
150,027.20
101.32

3.73%
151,973.10
2,970.83

1.26%
1,945.90
Aa3/AANA1.57

1.40 532457CP1 ELI LILLY AND CO 4.15 08/14/2027 75,000.00 08/12/2024

4.18%
74,939.25
74,967.27
100.74

3.67%
75,552.15
1,184.48

0.62%
584.88
Aa3/A+
NA

1.62 1.45
023135BC9 AMAZON.COM INC 3.15
08/22/2027 120,000.00 06/26/20244.90%
113,935.20
116,849.04

99.19 3.66%
119,024.88
1,354.50

0.98%
2,175.84
A1/AA
AA1.641.56
32 Item F.2
Packet Page 55

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
63743HFT4

NATIONAL RURAL UTILITIES
COOPERATIVE FINANCE CORP 4.12
09/16/2027
145,000.00
11/18/2024

4.61%
143,119.35
143,863.58
100.46

3.84%
145,667.73
1,742.42

1.20%
1,804.14
A2/AA1.71

1.54 91324PDE9 UNITEDHEALTH GROUP INC 2.95
10/15/2027 125,000.00 09/05/20243.98%
121,250.00
122,843.92

98.60 3.77%
123,245.13
778.47

1.02%
401.21
A2/A+
A

1.79 1.71
57636QBA1 MASTERCARD INC 4.1 01/15/2028 125,000.00 09/17/2024

3.77%
126,272.50
125,766.94
100.78

3.70%
125,969.75
2,363.19

1.04%
202.81
Aa3/A+
NA

2.04 1.83
02665WFX4 AMERICAN HONDA FINANCE
CORP 4.55 03/03/2028 150,000.00 03/28/20254.57%
149,898.00
149,924.36
101.05

4.04%
151,567.80
2,237.08

1.25%
1,643.44
A3/ANA2.17

2.02 87612EBU9 TARGET CORP 4.35 06/15/2028 45,000.00 06/05/2025

4.35%
44,999.55
44,999.63
101.17

3.85%
45,526.28

87.00 0.38%
526.64
A2/A
A

2.46 2.23
437076DH2 HOME DEPOT INC 3.75
09/15/2028 75,000.00 09/08/20253.77%
74,951.25
74,956.05
100.03

3.74%
75,021.08
828.13

0.62%

65.02 A2/A
A

2.71 2.52
69371RU20 PACCAR FINANCIAL CORP 4.0
11/07/2028 110,000.00 11/05/20254.02%
109,938.40
109,941.49
100.47

3.82%
110,514.25
660.00

0.91%
572.76
A1/A+
NA

2.85 2.65
14913UBD1 CATERPILLAR FINANCIAL SERVICES
CORP 3.95 11/14/2028 110,000.00 11/10/20253.97%
109,941.70
109,944.25
100.24

3.86%
110,258.61
567.26

0.91%
314.36
A2/A
A+

2.87 2.67
02079KAV9 ALPHABET INC 3.875 11/15/2028 45,000.00 11/03/2025

3.91%
44,961.30
44,963.26
100.49

3.69%
45,219.51
266.41

0.37%
256.25
Aa2/AA+
NA

2.88 2.60
023135CS3 AMAZON.COM INC 3.9
11/20/2028 70,000.00 11/17/20253.91%
69,984.60
69,985.19
100.31

3.79%
70,214.20
310.92

0.58%
229.01
A1/AA
AA2.892.62
756109CW2 REALTY INCOME CORP 3.95
02/01/2029 140,000.00 09/25/20254.14%
139,176.80
139,235.79

99.65 4.07%
139,515.88
1,305.69

1.15%
280.09
A3/ANA3.09

2.85 61747YFY6 MORGAN STANLEY 4.994
04/12/2029 150,000.00 07/03/20254.48%
151,971.00
151,623.64
101.98

4.38%
152,971.05
1,643.86

1.27%
1,347.41
A1/AA+3.28

2.12 46647PAR7 JPMORGAN CHASE & CO 4.005
04/23/2029 150,000.00 05/09/20254.59%
147,586.50
148,110.88

99.90 4.34%
149,855.40
1,134.75

1.24%
1,744.52
A1/A
AA3.312.17
95000U3T8 WELLS FARGO & CO 4.97
04/23/2029 150,000.00 08/20/20254.24%
152,715.00
152,345.03
101.86

4.40%
152,792.10
1,408.17

1.26%
447.07
A1/BBB+
A+

3.31 2.15
025816ED7 AMERICAN EXPRESS CO 4.731
04/25/2029 130,000.00 05/13/20254.62%
130,386.10
130,302.93
101.53

4.31%
131,994.59
1,127.56

1.09%
1,691.66
A2/AA3.31

2.16 06051GMT3 BANK OF AMERICA CORP 4.623
05/09/2029 120,000.00 05/08/20254.86%
119,744.40
119,786.73
101.33

4.26%
121,591.92
801.32

1.01%
1,805.19
A1/AAA3.35

2.20 33
Item F.2
Packet Page 56

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
69371RT48 PACCAR FINANCIAL CORP 4.0
09/26/2029 70,000.00 09/23/20244.05%
69,855.80
69,892.28
100.13

3.96%
70,091.63
738.89

0.58%
199.35
A1/A+
NA

3.74 3.40
38141GD27 GOLDMAN SACHS GROUP INC

4.153 10/21/2029 120,000.00 --4.25%
120,023.40
120,021.92

99.98 4.27%
119,973.12
969.03

0.99%
(48.80)
A2/BBB+
A

3.80 2.60
Total Corporate 3,210,000.00 4.46%
3,196,562.90
3,204,375.51
100.67

3.95%
3,231,406.58
35,850.53

26.73%
27,031.07

2.26 1.85

MONEY MARKET
FUND
31846V203 FIRST AMER:GVT OBLG Y 68,365.88 --

3.38%
68,365.88
68,365.88

1.00 3.38%
68,365.88

0.00 0.57%

0.00 Aaa/AAAm
AAA

0.00 0.00
Total Money Market
Fund 68,365.88 3.38%
68,365.88
68,365.88

1.00 3.38%
68,365.88

0.00 0.57%

0.00 0.00

0.00 SUPRANATIONAL
45950KDF4 INTERNATIONAL FINANCE CORP

4.375 01/15/2027 110,000.00 11/29/20234.49%
109,641.40
109,880.36
100.71

3.67%
110,779.79
2,219.60

0.92%
899.43
Aaa/AAA
NA

1.04 0.99
459058KT9

INTERNATIONAL BANK FOR

RECONSTRUCTION AND
DEVELOPM 3.5 07/12/2028
200,000.00
03/11/2024

4.23%
194,262.00
196,652.23

99.78 3.59%
199,567.00
3,286.11

1.65%
2,914.77
Aaa/AAA
NA

2.53 2.36
459058LR2

INTERNATIONAL BANK FOR

RECONSTRUCTION AND
DEVELOPM 4.125 03/20/2030
70,000.00
03/14/2025

4.20%
69,750.10
69,789.38
101.49

3.74%
71,041.67
810.10

0.59%
1,252.29
Aaa/AAA
NA

4.22 3.80
Total Supranational 380,000.00 4.30%
373,653.50
376,321.97
100.37

3.64%
381,388.46
6,315.82

3.15%
5,066.49

2.41 2.23

US TREASURY
9128286L9 UNITED STATES TREASURY 2.25
03/31/2026 150,000.00 08/17/20223.20%
145,113.28
149,670.52

99.67 3.60%
149,506.35
862.29

1.24%
(164.17)
Aa1/AA+
AA+

0.25 0.24
91282CJC6 UNITED STATES TREASURY 4.625
10/15/2026 250,000.00 02/26/20244.54%
250,507.81
250,151.66
100.81

3.57%
252,014.25
2,477.68

2.08%
1,862.59
Aa1/AA+
AA+

0.79 0.76
912828U24 UNITED STATES TREASURY 2.0
11/15/2026 170,000.00 10/30/20244.11%
163,047.27
167,032.26

98.68 3.56%
167,753.79
441.44

1.39%
721.53
Aa1/AA+
AA+

0.87 0.85
34 Item F.2
Packet Page 57

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
91282CJP7 UNITED STATES TREASURY 4.375
12/15/2026 100,000.00 12/30/20244.25%
100,222.66
100,108.52
100.78

3.53%
100,784.40
204.33

0.83%
675.88
Aa1/AA+
AA+

0.96 0.92
91282CEF4 UNITED STATES TREASURY 2.5
03/31/2027 395,000.00 --4.04%
375,451.95
387,989.02

98.76 3.53%
390,108.72
2,523.01

3.23%
2,119.70
Aa1/AA+
AA+

1.25 1.20
91282CEW7 UNITED STATES TREASURY 3.25
06/30/2027 250,000.00 10/13/20224.25%
239,277.34
246,594.49

99.66 3.49%
249,140.75

22.44 2.06%
2,546.26
Aa1/AA+
AA+

1.50 1.45
91282CFH9 UNITED STATES TREASURY 3.125
08/31/2027 250,000.00 01/30/20233.72%
243,740.23
247,727.47

99.43 3.48%
248,564.50
2,654.52

2.06%
837.03
Aa1/AA+
AA+

1.67 1.58
9128283F5 UNITED STATES TREASURY 2.25
11/15/2027 250,000.00 06/07/20234.05%
231,953.13
242,391.35

97.78 3.49%
244,453.25
730.32

2.02%
2,061.90
Aa1/AA+
AA+

1.87 1.80
91282CGP0 UNITED STATES TREASURY 4.0
02/29/2028 180,000.00 04/04/20253.66%
181,652.34
181,232.23
101.04

3.49%
181,877.40
2,446.41

1.50%
645.17
Aa1/AA+
AA+

2.16 2.03
91282CGT2 UNITED STATES TREASURY 3.625
03/31/2028 100,000.00 01/30/20254.25%
98,160.16
98,693.79
100.27

3.50%
100,265.60
926.17

0.83%
1,571.81
Aa1/AA+
AA+

2.25 2.12
91282CMW8 UNITED STATES TREASURY 3.75
04/15/2028 120,000.00 04/14/20253.91%
119,475.00
119,599.29
100.52

3.51%
120,623.40
964.29

1.00%
1,024.11
Aa1/AA+
AA+

2.29 2.16
91282CHA2 UNITED STATES TREASURY 3.5
04/30/2028 100,000.00 02/27/20254.09%
98,250.00
98,714.35

99.98 3.51%
99,984.40
599.45

0.83%
1,270.05
Aa1/AA+
AA+

2.33 2.20
91282CPC9 UNITED STATES TREASURY 3.5
10/15/2028 300,000.00 12/04/20253.54%
299,707.03
299,714.60

99.90 3.54%
299,695.20
2,250.00

2.48%
(19.40)
Aa1/AA+
AA+

2.79 2.61
9128285M8 UNITED STATES TREASURY 3.125
11/15/2028 250,000.00 04/18/20244.72%
233,798.83
239,829.43

98.88 3.54%
247,207.00
1,014.33

2.04%
7,377.57
Aa1/AA+
AA+

2.88 2.71
91282CJR3 UNITED STATES TREASURY 3.75
12/31/2028 200,000.00 12/08/20253.62%
200,765.63
200,749.88
100.57

3.55%
201,132.80

20.72 1.66%
382.92
Aa1/AA+
AA+

3.00 2.81
912828YB0 UNITED STATES TREASURY 1.625
08/15/2029 300,000.00 07/03/20253.85%
274,839.84
277,825.51

93.35 3.60%
280,043.10
1,841.37

2.32%
2,217.59
Aa1/AA+
AA+

3.62 3.44
91282CLR0 UNITED STATES TREASURY 4.125
10/31/2029 50,000.00 11/20/20244.26%
49,701.17
49,768.39
101.71

3.64%
50,855.45
353.25

0.42%
1,087.06
Aa1/AA+
AA+

3.83 3.49
91282CMD0 UNITED STATES TREASURY 4.375
12/31/2029 250,000.00 12/30/20244.37%
250,009.77
250,007.81
102.67

3.65%
256,679.75

30.21 2.12%
6,671.94
Aa1/AA+
AA+

4.00 3.65
91282CGB1 UNITED STATES TREASURY 3.875
12/31/2029 200,000.00 09/22/20253.66%
201,710.94
201,601.26
100.85

3.64%
201,695.40

21.41 1.67%

94.14 Aa1/AA+
AA+

4.00 3.67
Total US Treasury 3,865,000.00 4.00%
3,757,384.38
3,809,401.82

99.46 3.55%
3,842,385.51
20,383.63

31.78%
32,983.68

2.22 2.09
35 Item F.2
Packet Page 58

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
Total Portfolio 12,052,789.42 4.32%
11,892,373.50
11,969,970.13

99.78 3.70%
12,091,237.18
90,811.77
100.00%
121,267.06

2.32 1.87
Total Market Value +
Accrued 12,182,048.95
36 Item F.2
Packet Page 59

TRANSACTIONS
37 Item F.2
Packet Page 60

TRANSACTION LEDGER
City of Orinda Reserve Portfolio | Account #10296|10/01/2025 Through 12/31/2025| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount Interest Pur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 10/10/2025 17305EHA6 150,000.00 CCCIT 2025-A1 A1 4.3 06/21/2030 101.000 3.90% (151,500.00) (1,863.33) (153,363.33) 0.00 Purchase 10/21/2025 38141GD27 60,000.00

GOLDMAN SACHS
GROUP INC 4.153
10/21/2029
100.000 4.37% (60,000.00) 0.00 (60,000.00) 0.00
Purchase 10/24/2025 38141GD27 60,000.00

GOLDMAN SACHS
GROUP INC 4.153
10/21/2029
100.039 4.14% (60,023.40) (20.76) (60,044.16) 0.00
Purchase 11/06/2025 02079KAV9 45,000.00 ALPHABET INC 3.875 11/15/2028 99.914 3.91% (44,961.30) 0.00 (44,961.30) 0.00 Purchase 11/07/2025 69371RU20 110,000.00 PACCAR FINANCIAL CORP 4.0 11/07/2028 99.944 4.02% (109,938.40) 0.00 (109,938.40) 0.00 Purchase 11/14/2025 14913UBD1 110,000.00

CATERPILLAR

FINANCIAL SERVICES
CORP 3.95 11/14/2028

99.947 3.97% (109,941.70) 0.00 (109,941.70) 0.00
Purchase 11/20/2025 023135CS3 70,000.00 AMAZON.COM INC 3.9 11/20/2028 99.978 3.91% (69,984.60) 0.00 (69,984.60) 0.00 Purchase 12/05/2025 91282CPC9 300,000.00

UNITED STATES
TREASURY 3.5
10/15/2028

99.902 3.54% (299,707.03) (1,471.16) (301,178.19) 0.00
Purchase 12/09/2025 91282CJR3 200,000.00

UNITED STATES
TREASURY 3.75
12/31/2028
100.383 3.62% (200,765.63) (3,301.63) (204,067.26) 0.00 Total Purchase 1,105,000.00 (1,106,822.06) (6,656.88) (1,113,478.94) 0.00 TOTAL
ACQUISITIONS 1,105,000.00 (1,106,822.06) (6,656.88) (1,113,478.94) 0.00

DISPOSITIONS
Maturity 10/31/2025 9128285J5 (200,000.00)

UNITED STATES
TREASURY 3.0
10/31/2025
100.000 2.87% 200,000.00 0.00 200,000.00 0.00
Maturity 11/15/2025 912828M56 (200,000.00)

UNITED STATES
TREASURY 2.25
11/15/2025
100.000 3.04% 200,000.00 0.00 200,000.00 0.00
38 Item F.2
Packet Page 61

UNITED STATES
TREASURY 2.25
11/15/2025

99.879 3.04% 49,939.45 495.24 50,434.69 (37.76)
Sale 11/07/2025 69371RS56 (100,000.00) PACCAR FINANCIAL CORP 5.05 08/10/2026 100.740 5.07% 100,740.00 1,220.42 101,960.42 752.59 Sale 11/12/2025 14913UAL4 (100,000.00)

CATERPILLAR

FINANCIAL SERVICES
CORP 5.0 05/14/2027
101.655 4.89% 101,655.00 2,472.22 104,127.22 1,507.96
Sale 11/19/2025 89236TJK2 (125,000.00)

TOYOTA MOTOR
CREDIT CORP 1.125
06/18/2026

98.329 4.53% 122,911.25 589.84 123,501.09 176.93
Total Sale (375,000.00) 375,245.70 4,777.72 380,023.42 2,399.72 TOTAL
DISPOSITIONS (775,000.00) 775,245.70 4,777.72 780,023.42 2,399.72 39 Item F.2
Packet Page 62

IMPORTANT DISCLOSURES
2025 Chandler Asset Management, Inc, An Independent Registered Investment Adviser.

Information contained herein is confidential. Prices are provided by ICE Data Services Inc (“IDS”), an independent pricing source. In the event IDS does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Source ICE Data Indices, LLC (“ICE”), used with permission. ICE permits use of the ICE indices and related data on an “asis” basis; ICE, its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use, including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof are provided on an “as is” basis and licensee’s use it at licensee’s own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler asset management, or any of its products or services.

This report is provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment.

Fixed income investments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates.

Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest. 40 Item F.2
Packet Page 63

BENCHMARK DISCLOSURES
Benchmark Disclosure
ICE BofA 1-3 Yr US Treasury & Agency
Index
The ICE BofA 1-3 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than three years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies. 41 Item F.2
Packet Page 64
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
December 09, 2025
LAIF Home
PMIAAverage Monthly
Yields

CITY OF ORINDA

CITY MANAGER
22 ORINDA WAY
ORINDA, CA 94563
Account Number: 98-07-607
October 2025 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type
Confirm
Number
Web
Confirm
Number Authorized Caller Amount
10/15/2025 10/14/2025 QRD 1785262 N/A SYSTEM 210,219.54 Account Summary
Total Deposit: 210,219.54 Beginning Balance: 19,244,141.08 Total Withdrawal: 0.00 Ending Balance: 19,454,360.62
12/9/25, 8:36 PM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Item F.2
Packet Page 65
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
December 09, 2025
LAIF Home
PMIAAverage Monthly
Yields

CITY OF ORINDA

CITY MANAGER
22 ORINDA WAY
ORINDA, CA 94563
Account Number: 98-07-607
November 2025 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 19,454,360.62
Total Withdrawal: 0.00 Ending Balance: 19,454,360.62
12/9/25, 8:37 PM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Item F.2
Packet Page 66
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
February 02, 2026
LAIF Home
PMIAAverage Monthly
Yields

CITY OF ORINDA

CITY MANAGER
22 ORINDA WAY
ORINDA, CA 94563
Account Number: 98-07-607
December 2025 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 19,454,360.62
Total Withdrawal: 0.00 Ending Balance: 19,454,360.62
2/2/26, 11:03 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Item F.2
Packet Page 67

CITY OF ORINDA
22 ORINDA WAY
ORINDA CA 94563-2519
Managing Your Accounts
Client Services 800.797.6324
Online www.mechanicsbank.com
Mobile Download Our Mobile Apps
Accept payments.

Run your business.

Sell more.

From accepting payments and managing inventory to keeping track of your customers and more, Clover is the point-of-sale (POS) system built to run every kind of business. Now you can help sell more with a POS that fits your business needs for as little as a penny per month*.

Act by December 31
st and save big with Clover!*
Mechanics Bank, Member FDIC. *With 3-year processing agreement. Other terms and conditions apply. See your banker for details.

The "Per Check Charge" defined on your statement represents a $15 charge for each check that exceeds the six check limitation on your account. Refer to Mechanics Bank's Account Agreement for additional information.

Summary of Accounts
Account Type Account Number Ending Balance
PUBLIC MONEY MARKET XXXXXXXX8700 $10,076,239.24
PUBLIC MONEY MARKET - XXXXXXXX8700
Account Summary
Date Description Amount
10/01/2025 Beginning Balance $10,040,593.76
1 Credit(s) This Period $35,645.48
0 Debit(s) This Period $0.00
10/31/2025 Ending Balance $10,076,239.24
Interest Summary
Description Amount
Interest Earned From 10/01/2025 Through 10/31/2025
Annual Percentage Yield Earned 4.26%
Interest Days 31
Interest Earned $35,645.48
Interest Paid This Period $35,645.48
Interest Paid Year-to-Date $396,707.11
P.O. Box 2200
Corona, CA 92878
800.797.6324
www.mechanicsbank.com
Statement Ending 10/31/2025

Page 1 of 4 ends

3C34683236E37F45BE7E372000372A48 20251031 Checking Account Statements Item F.2
Packet Page 68
How to balance your account

1. Subtract from your check register any service,
miscellaneous, or automatic charge(s) posted on
this statement.

2. Mark ✓ your register after each check listed on the
front of this statement.

3. Check off deposits shown on the statement against
those shown in your check register.

4. Complete the form below.

5. The final "balance" in the form below should agree with your check register balance. If it does not, read
"HINTS FOR FINDING DIFFERENCES".

HINTS FOR FINDING DIFFERENCES
Recheck all additions and subtractions or corrections.

Verify the carryover balance from page to page in your
check register.

Make sure you have subtracted the service or miscellaneous charge(s) from your check register balance.

Descriptions of ACH items are printed as supplied by originating company.

MKT5584/0623 FM-Reference #3955.Version 1-eCH

HOW TO BALANCE YOUR ACCOUNTS

THIS SHOULD AGREE WITH YOUR CHECK REGISTER BALANCE
TRANSFER AMOUNT FROM PAGE ONE $

ADD DEPOSITS MADE SINCE ENDING

DATE ON STATEMENT
SUBTOTAL $

LIST CHECKS NOT CLEARED ON THIS

STATEMENT OR PRIOR STATEMENTS

TOTAL CHECKS

NOT LISTED

SUBTRACT TOTAL
CHECKS

NOT LISTED FROM

SUBTOTAL ABOVE BALANCE
$
This information applies only to consumer accounts
as defined by the Electronic Fund Transfer Act and
Regulation E.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR

ELECTRONIC TRANSFERS
Call us at 800.797.6324, during regular business hours, or write us at: Mechanics Bank, P.O. Box 8070,
Walnut Creek, CA 94596 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared.

1. Tell us your name and account number.

2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

HOW TO CONTACT US 800.797.6324
P.O. Box 8070
Walnut Creek, CA 94596
www.mechanicsbank.com
NOTICE TO BUSINESS AND COMMERCIAL CUSTOMERS:

Accounts owned by business and commercial customers are not subject to consumer regulations, such as the Truth in Savings Act and the Electronic Fund Transfer Act. The information regarding Electronic Transfers does not apply to business or commercial accounts. You acknowledge the risk of loss from unauthorized items.

You further acknowledge that the Bank offers various services that allow business and commercial customers to closely monitor their account activity, such as Business Online Banking, Positive Pay, and other services ("Fraud Prevention Services"), which can reduce potential fraud. If you fail to use one or more of the available Fraud Prevention Services, you agree that you will be deemed to have assumed the risk of any losses that could have been prevented if you had used the Fraud Prevention Services.

Statement Ending 10/31/2025 Page 2 of 4
3C34683236E37F45BE7E372000372A48 20251031 Checking Account Statements Item F.2
Packet Page 69
PUBLIC MONEY MARKET - XXXXXXXX8700 (continued)
Other Credits
Date Description Amount
10/31/2025 INTEREST $35,645.48
Daily Balances
Date Amount
10/31/2025 $10,076,239.24
Overdraft and Returned Item Fees
Total for this period Total year-to-date
Total Overdraft Fees $0.00 $0.00
Total Returned Item Fees $0.00 $0.00
Statement Ending 10/31/2025

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THIS PAGE LEFT INTENTIONALLY BLANK
Statement Ending 10/31/2025

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3C34683236E37F45BE7E372000372A48 20251031 Checking Account Statements Item F.2
Packet Page 71

CITY OF ORINDA
22 ORINDA WAY
ORINDA CA 94563-2519
Managing Your Accounts
Client Services 800.797.6324
Online www.mechanicsbank.com
Mobile Download Our Mobile Apps
Learn 10 ways to
protect yourself
against check fraud
Go to mechanicsbank.com/checkfraud
The "Per Check Charge" defined on your statement represents a $15 charge for each check that exceeds the six check limitation on your account. Refer to Mechanics Bank's Account Agreement for additional information.

Summary of Accounts
Account Type Account Number Ending Balance
PUBLIC MONEY MARKET XXXXXXXX8700 $8,604,678.95
PUBLIC MONEY MARKET - XXXXXXXX8700
Account Summary
Date Description Amount
11/01/2025 Beginning Balance $10,076,239.24
1 Credit(s) This Period $28,439.71
1 Debit(s) This Period $1,500,000.00
11/28/2025 Ending Balance $8,604,678.95
Interest Summary
Description Amount
Interest Earned From 11/01/2025 Through 11/28/2025
Annual Percentage Yield Earned 4.00%
Interest Days 28
Interest Earned $28,439.71
Interest Paid This Period $28,439.71
Interest Paid Year-to-Date $425,146.82
Other Credits
Date Description Amount
11/28/2025 INTEREST $28,439.71
P.O. Box 2200
Corona, CA 92878
800.797.6324
www.mechanicsbank.com
Statement Ending 11/28/2025

Page 1 of 4 ends

6557308AE82E7E47B58831465FDBBE8A 20251128 Checking Account Statements Item F.2
Packet Page 72
How to balance your account

1. Subtract from your check register any service,
miscellaneous, or automatic charge(s) posted on
this statement.

2. Mark ✓ your register after each check listed on the
front of this statement.

3. Check off deposits shown on the statement against
those shown in your check register.

4. Complete the form below.

5. The final "balance" in the form below should agree with your check register balance. If it does not, read
"HINTS FOR FINDING DIFFERENCES".

HINTS FOR FINDING DIFFERENCES
Recheck all additions and subtractions or corrections.

Verify the carryover balance from page to page in your
check register.

Make sure you have subtracted the service or miscellaneous charge(s) from your check register balance.

Descriptions of ACH items are printed as supplied by originating company.

MKT5584/0623 FM-Reference #3955.Version 1-eCH

HOW TO BALANCE YOUR ACCOUNTS

THIS SHOULD AGREE WITH YOUR CHECK REGISTER BALANCE
TRANSFER AMOUNT FROM PAGE ONE $

ADD DEPOSITS MADE SINCE ENDING

DATE ON STATEMENT
SUBTOTAL $

LIST CHECKS NOT CLEARED ON THIS

STATEMENT OR PRIOR STATEMENTS

TOTAL CHECKS

NOT LISTED

SUBTRACT TOTAL
CHECKS

NOT LISTED FROM

SUBTOTAL ABOVE BALANCE
$
This information applies only to consumer accounts
as defined by the Electronic Fund Transfer Act and
Regulation E.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR

1. Tell us your name and account number.

2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

HOW TO CONTACT US 800.797.6324
P.O. Box 8070
Walnut Creek, CA 94596
www.mechanicsbank.com
NOTICE TO BUSINESS AND COMMERCIAL CUSTOMERS:

Statement Ending 11/28/2025 Page 2 of 4
6557308AE82E7E47B58831465FDBBE8A 20251128 Checking Account Statements Item F.2
Packet Page 73
PUBLIC MONEY MARKET - XXXXXXXX8700 (continued)
Electronic Debits
Date Description Amount
11/17/2025 Money Market to Gen Acct $1,500,000.00
Daily Balances
Date Amount
11/17/2025 $8,576,239.24
Date Amount
11/28/2025 $8,604,678.95
Overdraft and Returned Item Fees
Total for this period Total year-to-date
Total Overdraft Fees $0.00 $0.00
Total Returned Item Fees $0.00 $0.00
Statement Ending 11/28/2025

Page 3 of 4 ends

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Packet Page 74

THIS PAGE LEFT INTENTIONALLY BLANK
Statement Ending 11/28/2025

Page 4 of 4 ends

6557308AE82E7E47B58831465FDBBE8A 20251128 Checking Account Statements Item F.2
Packet Page 75

CITY OF ORINDA
22 ORINDA WAY
ORINDA CA 94563-2519
Managing Your Accounts
Client Services 800.797.6324
Online www.mechanicsbank.com
Mobile Download Our Mobile Apps
Keep your holiday
shopping safe
with Card Controls & Alerts
Learn more at
mechanicsbank.com/cardcontrols
The "Per Check Charge" defined on your statement represents a $15 charge for each check that exceeds the six check limitation on your account. Refer to Mechanics Bank's Account Agreement for additional information.

Summary of Accounts
Account Type Account Number Ending Balance
PUBLIC MONEY MARKET XXXXXXXX8700 $8,633,307.78
PUBLIC MONEY MARKET - XXXXXXXX8700
Account Summary
Date Description Amount
11/29/2025 Beginning Balance $8,604,678.95
1 Credit(s) This Period $28,628.83
0 Debit(s) This Period $0.00
12/31/2025 Ending Balance $8,633,307.78
Interest Summary
Description Amount
Interest Earned From 11/29/2025 Through 12/31/2025
Annual Percentage Yield Earned 3.74%
Interest Days 33
Interest Earned $28,628.83
Interest Paid This Period $28,628.83
Interest Paid Year-to-Date $453,775.65
Other Credits
Date Description Amount
12/31/2025 INTEREST $28,628.83
P.O. Box 2200
Corona, CA 92878
800.797.6324
www.mechanicsbank.com
Statement Ending 12/31/2025

Page 1 of 4 ends

42124B7711FE7F4797CCE10CB9D261AB 20251231 Checking Account Statements Item F.2
Packet Page 76
How to balance your account

1. Subtract from your check register any service,
miscellaneous, or automatic charge(s) posted on
this statement.

2. Mark ✓ your register after each check listed on the
front of this statement.

3. Check off deposits shown on the statement against
those shown in your check register.

4. Complete the form below.

5. The final "balance" in the form below should agree with your check register balance. If it does not, read
"HINTS FOR FINDING DIFFERENCES".

HINTS FOR FINDING DIFFERENCES
Recheck all additions and subtractions or corrections.

Verify the carryover balance from page to page in your
check register.

Make sure you have subtracted the service or miscellaneous charge(s) from your check register balance.

Descriptions of ACH items are printed as supplied by originating company.

MKT5584/0623 FM-Reference #3955.Version 1-eCH

HOW TO BALANCE YOUR ACCOUNTS

THIS SHOULD AGREE WITH YOUR CHECK REGISTER BALANCE
TRANSFER AMOUNT FROM PAGE ONE $

ADD DEPOSITS MADE SINCE ENDING

DATE ON STATEMENT
SUBTOTAL $

LIST CHECKS NOT CLEARED ON THIS

STATEMENT OR PRIOR STATEMENTS

TOTAL CHECKS

NOT LISTED

SUBTRACT TOTAL
CHECKS

NOT LISTED FROM

SUBTOTAL ABOVE BALANCE
$
This information applies only to consumer accounts
as defined by the Electronic Fund Transfer Act and
Regulation E.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR

1. Tell us your name and account number.

2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

HOW TO CONTACT US 800.797.6324
P.O. Box 8070
Walnut Creek, CA 94596
www.mechanicsbank.com
NOTICE TO BUSINESS AND COMMERCIAL CUSTOMERS:

Statement Ending 12/31/2025 Page 2 of 4
42124B7711FE7F4797CCE10CB9D261AB 20251231 Checking Account Statements Item F.2
Packet Page 77
PUBLIC MONEY MARKET - XXXXXXXX8700 (continued)
Daily Balances
Date Amount
12/31/2025 $8,633,307.78
Overdraft and Returned Item Fees
Total for this period Total year-to-date
Total Overdraft Fees $0.00 $0.00
Total Returned Item Fees $0.00 $0.00
Statement Ending 12/31/2025

Page 3 of 4 ends

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Packet Page 78

THIS PAGE LEFT INTENTIONALLY BLANK
Statement Ending 12/31/2025

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42124B7711FE7F4797CCE10CB9D261AB 20251231 Checking Account Statements Item F.2
Packet Page 79

CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: February 17, 2026
SUBJECT:

AB 2561 Report on the Status of Vacancies and Recruitment and Retention for Calendar Year 2025 (Public Hearing)
EXECUTIVE SUMMARY:

Pursuant to Assembly Bill 2561, the City Council will receive a report on an overview of employee vacancies, the factors contributing to those vacancies, and the strategies the City of Orinda is implementing to support recruitment, retention, and continuity of municipal services.

RECOMMENDATION:

Review and accept the report on the status of vacancies and recruitment and retention for calendar year 2025.

BACKGROUND:

AB 2561 was put into effect January 1, 2025, with the intent of addressing the challenge of job vacancies in local government, which can negatively impact public service delivery and employee workload. Among other requirements, the law mandates that public agencies present information on the status of job vacancies, as well as their recruitment and retention efforts, at least once per fiscal year during a public hearing before the governing body. This legislation is codified in Government Code section 3502.3.

To comply, public agencies must hold an annual hearing to update on vacancies and recruitment/retention efforts. This report fulfills the City’s legal obligation under the law and comply with the City’s internal administrative procedures for ensuring compliance with AB 2561.

Since the City Council adopts a multi-year budget during the fiscal year, the hearing on vacancies and recruitment/retention efforts must occur prior to the final budget adoption.

To ensure the accuracy of vacancy data, the City will present information on vacancies from the previous calendar year.

City staff also invited Teamsters Local Union No. 856, which represents the General Employees' unit, to provide a presentation during this meeting.

DISCUSSION:

Item F.3
Packet Page 80
The City of Orinda currently maintains 40.5 authorized regular full-time positions across three employee groups. The General Employee group, represented by Teamsters Local 856, includes 22.5 positions. The Unrepresented Employee group consists of 17 Manager and Mid-Manager positions. The City Manager position operates under an individual employment agreement.

For purposes of vacancy tracking, this report includes all full-time budgeted positions that became vacant or were filled during the 2025 calendar year. While the City also employs part-time, temporary and seasonal staff, those positions are not included as part of this report.

During calendar year 2025, the City conducted recruitment for five positions, including two General Employees positions and three Unrepresented Employee positions. Three additional positions became vacant but were not refilled as a result of an organizational review and subsequent personnel allocation adjustments designed to improve efficiency and operational flexibility. These changes included the elimination of one Facilities & Parks Supervisor position, the scheduled conclusion of a limited-term Education and Outreach Coordinator position, and the early end of a limited-term Assistant Engineer position following the employee’s voluntarily separation. In October 2025, the City Council authorized three alternative positions that better aligned with operational needs including an Assistant to the City Manager, a limited-term Management Analyst, and a Recreation Coordinator.

Recruitment for two of the newly approved positions began in late 2025, and both will be filled by the end of February 2026. The Recreation Coordinator position has not yet been authorized for recruitment so remains vacant. Overall, the City’s staffing turnover rate for calendar year 2025 was 4.9 percent.

As a small organization with limited resources, the timely filling of vacancies remains critical regardless of the position level or reason for vacancy. In 2025, the City maintained an average vacancy rate of 3.1 percent, with a vacancy rate of 4.3 percent in the General Employee group and 11.8 percent in the Unrepresented Employee group. The average time to fill a vacancy was 112 calendar days.

The following section provides a detailed breakdown of vacancies by employment group during the 2025 calendar year:

Vacancy Overview by Employee Group:

1. General Employee’s Unit:
 Number of Vacancies: 3
 Percentage of Total Vacancies: 4.3%

2. Unrepresented Employees:
 Number of Vacancies: 3
 Percentage of Total Vacancies: 11.8%

3. City Manager (Contract): - None
Item F.3
Packet Page 81
Total Vacancies for 2025:
• Number of Vacancies: 5
• Percentage of Total Vacancies: 3.1%
Recruitment and Retention
The City continues to maintain a stable workforce, with an average employee tenure of

8.4 years. Since October 2023, the City has proactively implemented several compensation and classification enhancements to remain competitive in the labor market, including the introduction of a longevity pay program and improvements to the salary advancement structure. In 2025, the City achieved a major milestone by completing the transition of all employees to a standardized five-step salary schedule.

In addition, the City successfully negotiated a four-year MOU with Teamsters Local 856 that provides predictable annual cost-of-living adjustments and includes benefit enhancements such as expanded dental and orthodontic coverage and the establishment of a Retiree Health Savings Plan. These efforts support employee retention, organizational stability, and long-term workforce sustainability.

FISCAL IMPACT:

There is no financial impact associated with receiving this report.

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. City Administrative Policy – 2.9 Procedures for AB 2561 Status of Vacancies and Recruitment and Retention Efforts
Respectfully Submitted by,
Ginger Staton, Human Resources Manager
Approved By:

Linda Smith, City Manager
Item F.3
Packet Page 82
Item F.3
Packet Page 83
Item F.3
Packet Page 84

CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: February 17, 2026
SUBJECT:

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
EXECUTIVE SUMMARY:

The City Council will consider adoption of Ordinance 26-02 to make changes to Title 17 of the Orinda Municipal Code to implement certain Housing Element program actions.

Specifically, the Ordinance codifies State mandates requiring streamlined approval for multifamily housing developments on certain Housing Element sites, provided the project includes at least 20 percent affordability for lower-income households. The proposed Ordinance would not alter the uses allowed or the procedures Staff would otherwise follow, as State law already mandates these streamlining provisions.

RECOMMENDATION:

BACKGROUND:

At the City Council Meeting of February 3, 2026, Ordinance 26-02 was introduced. No changes were made at that meeting.

DISCUSSION:

Ordinance 26-02 is on this agenda for consideration of adoption.

FISCAL IMPACT:

None.

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

Attachment A - Ordinance 26-02
WEBLINK: Staff Report from City Council Meeting of February 3, 2026.

Item F.4
Packet Page 85
Respectfully submitted by,
Sheri Smith, City Clerk
Approved by:

Linda Smith, City Manager
Item F.4
Packet Page 86

Page 1 of 3 ends

ORDINANCE NO. 26-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORINDA
AMENDING TITLE 17 OF THE ORINDA MUNICIPAL CODE
TO IMPLEMENT HOUSING ELEMENT ACTIONS 1.A, 1.B, AND 1.J REGARDING

STREAMLINED APPROVALS FOR AFFORDABLE HOUSING
The City Council of the City of Orinda DOES ORDAIN as follows:

SECTION 1.

The City Council of the City of Orinda intends, by adopting this ordinance, to amend Chapter 17.1 (Purpose and Organization) of the Orinda Municipal Code to clarify the City’s rules regarding streamlined processing of affordable housing developments subject to Government Code 65583.2(c), 65583.2(h), and 65583.2(i).

SECTION 2.

Chapter 17.1 (Purpose and Organization) of the Orinda Municipal Code is amended to add the following section after Section 17.1.11:

17.1.12 - Use by right for certain affordable housing developments.

All housing element inventory sites identified by the Department of General Services Housing and Local Land Development Opportunities Map shall comply with State law. In particular:

A. A development is a permitted use by right (non-discretionary), as defined in Government Code Section 65583.2(i), if all the following criteria are met:

1. The site was:
i. Used to accommodate the current lower-income RHNA that is either nonvacant and identified in the previous planning period, or vacant and identified in two or more previous consecutive planning periods, pursuant to Government Code Section 65583.2(c), or
i. Rezoned after the start of the planning period pursuant to Government Code Section 65583.2(h).

2. The site is proposed to be developed at a minimum density of 20 dwelling units per acre.

3. The development is proposed to provide at least 20% of the total units in the development as affordable to lower income households.

4. The development meets all applicable objective development and design standards for the zoning district or overlay district in which it is proposed.

Item F.4
Packet Page 87

Page 2 of 3 ends

B. “Use by right” does not exempt the use from design review; however, design review is limited to ensuring compliance with all applicable objective standards and shall not constitute a "project" under CEQA.

C. Subdivisions remain subject to the Subdivision Map Act.

SECTION 3 – PURPOSE AND INTENT.

A. The purpose of this ordinance is to clarify that a ministerial, "by-right" approval process applies to multifamily residential developments on specific sites identified in the City's Housing Element. This ordinance confirms there is no requirement for a Conditional Use Permit or other discretionary entitlements for projects that provide at least 20 percent of the units as affordable to lower-income households, limiting municipal review to compliance with objective design and development standards.

B. The intent of this ordinance is to implement Actions 1.A, 1.B, and 1.J of the City’s certified 6th Cycle Housing Element and to satisfy the statutory obligations imposed by California Government Code Sections 65583.2(c) and 65583.2(h). This confirms that the City has removed regulatory barriers to affordable housing production on sites designated to meet the Regional Housing Needs Allocation (RHNA) and to ensure the City’s zoning regulations remain in full compliance with State Housing Law.

SECTION 4.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

SECTION 5.

This ordinance is consistent with the Orinda General Plan. This ordinance is necessary to implement the Orinda Housing Element and is part of Plan Orinda.

SECTION 6.

The City Council finds this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (Title 14 of the California Code of Regulations) sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378). CEQA Guidelines Section 15378(b)(5) excludes from the definition of a project "organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment." Further, this action is exempt from CEQA because the City is required by state law to adopt this ordinance, so the action is not discretionary and is not a project as defined in CEQA Guidelines section 15378.

Item F.4
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Page 3 of 3 ends

SECTION 7.

This ordinance becomes effective thirty (30) days after adoption.

SECTION 8.

The City Clerk shall either (a) have this ordinance published once within fifteen (15) days after adoption in a newspaper of general circulation, or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five (5) days before its adoption and again within fifteen (15) days after adoption.

Following a duly-noticed public hearing, the foregoing ordinance was introduced at a meeting of the City Council of the City of Orinda held on February 3, 2026 and was adopted and ordered published at a regular meeting held on February 17, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________
Brandyn Iverson, Mayor
ATTEST:
__________________________
Sheri Marie Smith, City Clerk
Item F.4
Packet Page 89

CITY COUNCIL STAFF REPORT
Department: Planning
Meeting Date: February 17, 2026
SUBJECT:

Adoption of Zoning Map Amendment Ordinance 26-01, and General Plan Map Amendment Resolution 01-26, and Plan Orinda Revised Final EIR and CEQA Consistency Resolution 02-26, Regarding Amendments to the General Plan and Zoning for 23 Altarinda Road
EXECUTIVE SUMMARY:

The City Council will consider the adoption of Ordinance 26-01, a proposed zoning change to 23 Altarinda Road, a .60 acre (approx. 26,136 square feet) site located on the north side of Altarinda Road within the area studied in the certified Revised Final EIR (Final EIR) for Plan Orinda and within a half mile of the Orinda BART station. Concurrent with the action to approve the zoning change would be an amendment to the General Plan. The General Plan and zoning designation changes were included as part of Plan Orinda and evaluated in the Final EIR.

The City Council will also consider adoption of Resolution 01-26 amending the General Plan Map, and adoption of Resolution 02-26 affirming the consistency of the 23 Altarinda Road Project with Plan Orinda and its Certified Revised Final EIR and adopting a Statement of Overriding Considerations. Two updates to the information previously presented are included to first, reflect the discussion regarding the Findings of Fact and Statement of Overriding Considerations and, second, complete additional wildfire analysis using Ladris software displayed in an update results table.

RECOMMENDATION:

Take the following actions:

1. Waive the full reading and adopt 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. Adopt 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. Adopt 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 Item F.5
Packet Page 90
Overriding Considerations for Those Impacts that were Found to be Significant and Unavoidable.

BACKGROUND:

At its February 3, 2026 meeting, the City Council held a public hearing and introduced 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).”
The City Council also reviewed 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 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.

DISCUSSION:

Ordinance 26-01 was introduced at that meeting without changes and is on this agenda to consider adoption.

Resolutions 01-26 and 02-26 were reviewed at that meeting and suggested changes are on this agenda for consideration of adoption.

Subsequent to the City Council meeting, Staff has made two updates to the information previously presented. First, Staff made minor changes to the Findings of Fact and Statement of Overriding Considerations (Exhibit A attached to Resolution 02-26) to reflect the discussion. Second, Staff undertook additional Ladris software runs that considered potential new units associated with both the Housing Element and 23 Altarinda residential development and reformatted the summary table for clarity.

Exhibit A: Findings of Fact and Statement of Overriding Conditions (Resolution 02-26).

Attached with this staff report is a redlined version of Pages 39-46 of Exhibit A: Findings of Fact and Statement of Overriding Conditions (Findings and SOC) updated to reflect the discussion at the February 3, 2026, City Council meeting. In addition, a clean version of the Findings and SOC document is provided to show the exhibit as amended.

Ladris Scenarios and Summary Table.

Specific scenarios for North Orinda and for Zone ORI-E010 (the zone that includes 23 Altarinda) were run to learn about how additional housing units would impact evacuation timing. The results showed timing increasing between only two and nine minutes under different considerations. These differences are within the natural variability of the modeling software and shown that there is no meaningful difference in the evacuation timing with the addition of housing units for the Housing Element, a potential 23 Altarinda Item F.5
Packet Page 91
residential development, or the Housing Element combined with a potential 23 Altarinda residential development (Table 1).

Table 1: Results for Project Specific Scenarios for 23 Altarinda North Orinda – Full Area
Scenario Clearance Time Change from Baseline
Baseline 1hr 50m
Housing Element 1hr 59m +9 min
23 Altarinda 1hr 58m +8 min
Housing Element + 23
Altarinda
1h 52m +2 min
Sources: Ladris runs completed on 1-22-2026 and 2-5-2026 Zone ORI-E010
Scenario Clearance Time Change from Baseline
Baseline 1h 26m
Housing Element 1h 29m +3 min
23 Altarinda 1h 28m +2 min
Housing Element + 23
Altarinda
1h 28m +2 min
Sources: Ladris runs completed on 1-22-2026 and 2-5-2026

FISCAL IMPACT:

None.

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. Ordinance 26-01
B. Resolution 01-26
C. Resolution 02-26
D. Changes to Exhibit A-1 - redlined (Attachment to Resolution 02-26) E. Exhibit A-1 – Clean Copy (Attachment to Resolution 02-26) WEBLINK:

A. Staff Report from the City Council Meeting of February 3, 2026

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Respectfully Submitted by,
Lashun Cross, Planning Director
Approved By:

Linda Smith, City Manager
Item F.5
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ORDINANCE NO. 26-01

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORINDA
AMENDING THE ZONING MAP TO CHANGE THE ZONING DESIGNATION AT 23 ALTARINDA ROAD (APN 260-192-013) FROM “DO (DOWNTOWN OFFICE)” TO “DG (DOWNTOWN GENERAL)”
The City Council of the City of Orinda DOES ORDAIN as follows:

SECTION 1.

The City Council of the City of Orinda intends, by adopting this ordinance, to change the designation of the property at 23 Altarinda Road. These changes are intended to provide the opportunity for multifamily residential uses in the Downtown Village District to support downtown vitality and provide access to high quality transportation resources.

This ordinance amends the City’s Zoning Map to apply the new “DG (Downtown General)” zoning district to a site in the Downtown.

SECTION 2.

The Zoning Map is amended as shown in Attachment A to apply the “DG” zoning to 23 Altarinda Rd (APN 260-192-013).

SECTION 3.

SECTION 4.

This ordinance is consistent with the Orinda General Plan, including the relevant development densities described in the certified 6th Cycle Housing Element.

SECTION 5.

The City Council finds that this ordinance is necessary to support opportunity for additional multifamily residential uses in the downtown with access to high quality transportation resources and not subject to any requirement for additional review under the California Environmental Quality Act (“CEQA”). On March 18, 2025, the City Council adopted the Revised Final Environmental Impact Report (“RFEIR”) for Plan Orinda via Resolution No. 13-25. The zoning changes contained in this ordinance are within the scope of Plan Orinda RFEIR and were fully evaluated in the related environmental Item F.5
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review documents (together, “Program EIR”) adopted for Plan Orinda. 14 Cal. Code Regs (“CCR”) §§ 15163, 15168. The Program EIR addresses all requirements of CEQA for this ordinance, including the analysis of significant impacts, cumulatively considerable contributions, and feasible mitigation measures of Plan Orinda. On March 18, 2025, the Council also adopted Resolution No. 13-25 containing CEQA findings and a statement of overriding considerations for the Orinda Housing Element based on substantial evidence. Id. § 15183.

The zoning amendment contained in this ordinance does not have any environmental effects not already fully examined in the Final EIR (id. § 15168) and the zoning amendment does not contain project-specific significant effects peculiar to the project or the site that were not fully analyzed in the Final EIR, including potentially significant off-site or cumulative impacts (id. § 15183). Consequently, the zoning amendment contained in this ordinance does not require any subsequent review or revisions to the Final EIR, as described in the CEQA Consistency Analysis prepared for the project and as detailed in the project staff report.

All feasible mitigation identified in the Program EIR has been incorporated in the adopted Mitigation Monitoring and Reporting Program (“MMRP”) via Resolution No. 13-

25. These mitigation measures will apply to any development under Plan Orinda, including any development of sites consistent with the zoning changes contained in this ordinance. Id. §§ 15168, 15183. These mitigation measures will be undertaken as described in the MMRP.

SECTION 6.

This ordinance becomes effective thirty (30) days after adoption.

SECTION 7.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________
Brandyn Iverson, Mayor
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ATTEST:

Sheri Marie Smith, City Clerk
Attachment A: Zoning Map Exhibit: APN 260-192-013 Rezoned to DG Item F.5
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Item F.5
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RESOLUTION NO. 01-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

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) WHEREAS, the project applicant is requesting to amend the General Plan land use designation from “Business and Professional Offices” to “Downtown - General”; and
WHEREAS, state law requires consistency between the City’s General Plan and Zoning Ordinance; and
WHEREAS, the City complied with all applicable procedural, notice, and tribal consultation requirements in state law; and
WHEREAS, with the approval of Resolution 13-25 on March 18, 2025, the City Council certified a Revised Final Environmental Impact Report (“Final EIR”) for Plan Orinda, which analyzed the impacts of the 6th Cycle Housing Element, Downtown Precise Plan (rescinded), Safety Element update, and implementing actions.

Amending the General Plan land use designation for the 23 Altarinda site is within the scope of Plan Orinda, was fully evaluated in the Final EIR, and a CEQA consistency analysis was completed and described in the accompanying staff report; and
WHEREAS, the Program EIR addresses all requirements of CEQA for the following ordinance, including the analysis of significant impacts, cumulatively considerable contributions, and feasible mitigation measures of Plan Orinda; and WHEREAS, with the approval of Resolution 13-25 on March 18, 2025, the City Council also adopted California Environmental Quality Act (“CEQA”) findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (“MMRP”) that includes all feasible mitigation measures identified in the Program EIR; and
WHEREAS, a Notice of Determination (NOD) was filed on March 20, 2025 with the Contra Costa County Clerk, in compliance CEQA, documenting that, with the approval of Resolution 13-25 on March 18, 2025, the City Council: (1) Certified the Plan Orinda RFEIR, which analyzed the impacts of the 6th Cycle Housing Element, Downtown Precise Plan (rescinded), Safety Element Update, and implementing actions, and concluded that the project would result in significant and unavoidable environmental effects; and (2) Adopted a Statement of Overriding Considerations and an MMRP based on the environmental impacts of the project as analyzed in the RFEIR; and
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Resolution 01-26
2 WHEREAS, on November 25, 2025, the Planning Commission adopted Resolution 25-07, recommended that the City Council (1) Adopt a Resolution affirming the consistency of the Proposed Project with the certified Final EIR for Plan Orinda, adopting the CEQA Findings, and adopting a Statement of Overriding Considerations; (2) adopt a resolution amending the General Plan Map to change the land use designation from “Business and Professional Offices” to “Downtown - General”; and (3) Adopt an Ordinance amending the Zoning Map change the zoning designation from “DO (Downtown Office)” to “DG (Downtown General)” for the property at 23 Altarinda Rd.; and
WHEREAS, on February 3, 2026, at a public hearing noticed consistent with state law, the City Council took testimony, discussed the issues, and considered all the written and oral evidence presented at the public hearing in making its decision.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby approve the attached amendment to the General Plan Land Use Map, changing the designation for the property at 23 Altarinda Rd. from “Business and Professional Offices” to “Downtown - General”.

Adopted by the City Council of the City of Orinda at a regular meeting on February 17, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
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

THE CITY COUNCIL OF THE CITY OF ORINDA DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS:

Section 1. Recitals
The owner of the property at 23 Altarinda Rd. has applied for General Plan and Zoning amendments (“Project”) as envisioned for the site in Plan Orinda and as analyzed in the certified Revised Final EIR for Plan Orinda. The Project is within the scope of the Plan Orinda and was fully evaluated in the Revised Final EIR (“Final EIR”) certified for Plan Orinda. The Final EIR addresses all requirements of CEQA for the Project, including the analysis of significant impacts, cumulatively considerable contributions, and feasible mitigation measures of Plan Orinda. A detailed analysis to determine the Project’s consistency with Plan Orinda and its Final EIR was prepared and was included as an attachment to the City Council staff report.

On March 18, 2025, the City Council certified the Final EIR for Plan Orinda via Resolution No. 13-25. This resolution also contained CEQA findings and a statement of overriding considerations for the Orinda Housing Element based on substantial evidence. All feasible mitigation identified in the Final EIR has been incorporated in the adopted Mitigation Monitoring and Reporting Program (“MMRP”) via Resolution No. 13-25. These mitigation measures will apply to any development approved based on the Final EIR, including the Project. All mitigation measures will be undertaken as described in the adopted MMRP.

On November 25, 2025, the Planning Commission adopted Resolution 25-xx for the Project, recommending that the City Council (1) Adopt this resolution affirming the consistency of the Project with Plan Orinda and its certified Final EIR, adopting the CEQA Findings, and adopting a Statement of Overriding Considerations; (2) Adopt a resolution amending the General Plan Map to change the land use designation from “Business and Professional Offices” to “Downtown - General”; and (3) Adopt an ordinance amending the Zoning Map to change the zoning designation from “DO (Downtown Office)” to “DG (Downtown General)” for the property at 23 Altarinda Rd.

Section 2. Project’s Consistency with Plan Orinda and its Final EIR The City Council hereby finds as follows:

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A. The Project’s Consistency Analysis with the Final EIR has been presented to the City Council (as an attachment to the City Council staff report). All procedures have been duly followed as required by law. The City Council has reviewed and considered the information contained in the Consistency Analysis, Final EIR, and the record as a whole in conjunction with its deliberations, in accordance with CEQA, CEQA Guidelines, and procedures of the State of California and the City of Orinda.

The Project’s Consistency Analysis with the Final EIR reflects the City’s independent judgment and analysis.

B. The Project’s Consistency Analysis with the Final EIR demonstrated that the 23 Altarinda Rd. General Plan Map Amendment and Zoning Map Amendment would be consistent with Plan Orinda. Specifically, the type of allowable land use, overall planned density and building intensity, and geographic area analyzed for environmental impacts, and covered infrastructure are as described in the Final EIR for Plan Orinda, and potential impacts associated with the Project are consistent with potential impacts characterized in and mitigation measures developed for the Final EIR. Based on this, the following determinations are applicable:
1 No further evaluation of environmental impacts is required; 2 No subsequent or supplemental EIR or negative declaration is necessary pursuant to CEQA Guidelines §§ 15162 and 15163; and
3 The Project’s Consistency Analysis with the Final EIR is the appropriate level of environmental analysis and documentation for the Project in accordance with CEQA Guidelines § 15168(c).

C. The Final EIR provided substantial evidence that, for the following environmental subject areas, Plan Orinda, including the Project, would result in less than significant impacts with the implementation of mitigation measures: Aesthetics, Air Quality and Greenhouse Gas Emissions, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Transportation, Tribal Cultural Resources, and Utilities and Service Systems.

D. The Final EIR concluded that Plan Orinda, including the Project, would result in significant and unavoidable adverse impacts in the following environmental subject areas: Hazards and Hazardous Materials, Noise, Transportation, and Wildfire.

E. The Final EIR also identified that Plan Orinda, including the Project, would have a cumulatively considerable contribution to a significant cumulative impact regarding wildfires.

F. In compliance with Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the City Council has determined that findings regarding the significant impacts of the Project, which was analyzed as part of Plan Orinda, must be made and supported by substantial evidence in the record.

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G. In compliance with Public Resources Code Section 21081 and CEQA Guidelines Section 15093, the City Council has determined that a Statement of Overriding Considerations is required, as there are unmitigable environmental impacts that result from the Project, which was analyzed as part of Plan Orinda.

Section 3. Adoption of CEQA Findings and Statement of Overriding Considerations The City Council hereby adopts the CEQA Findings of Fact and Statement of Overriding Considerations, attached hereto as “Exhibit A-1” and incorporated herein by reference.

PASSED AND ADOPTED at a meeting of the City Council of the City of Orinda held on February 17, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
__________________________________
Brandyn Iverson, Mayor
ATTEST:
__________________________________
Sheri Marie Smith, City Clerk
Exhibit A-1: 23 Altarinda Road General Plan Amendment and Zoning Amendment CEQA Findings of Fact and Statement of Overriding Considerations Item F.5
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Topical Areas Determined to have Significant and Unavoidable Impacts Findings of Fact/Statement of Overriding Considerations 39 constraints, despite implementation of mitigation and adopted policies. Even with the mitigation measures and Safety Element policies adopted by the City, this impact would remain significant and unavoidable. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible. However, this impact would be significant and unavoidable.

As part of its implementation of Mitigation Measure WFR-14 (USE OF EMERGING TECHNOLOGY TO STUDY EVACUATION), the City in currently using wildfire evacuation modeling software through a contract with Ladris. City staff have been using the Ladris software’s capability to model numerous wildfire evacuation scenarios based on a range of assumptions and inputs (e.g., wildfire location, weather, vegetation, and the location/extent of potential future development in Orinda). City staff have also made use of the Ladris “Public Edition Software” to share evacuation scenario modeling, inputs, and assumptions publicly via the Orindaready.com portal, so residents can learn more about the potential timing and challenges of evacuation during a wildfire event. For example, City staff used Ladris to evaluate how potential future development at 23 Altarinda might affect evacuation and shared the results with the Council and public. The results do not point to any clear or meaningful changes in evacuation time (positive or negative) resulting from potential future development at 23 Altarinda. The results also underscore the importance of evacuating promptly.

Impact WFR-2
Plan Orinda, including the Project, envisions potential future development on sites that are in or near Moderate, High, and Very High FHSZs. Development facilitated by Plan Orinda, including the Project, would expose project occupants and structures to wildfire risks for sites located in or WUIs or Very High FHSZs. Wildfire risk would be significant and unavoidable.

MITIGATION MEASURE WFR-2 CONSTRUCTION WILDFIRE RISK REDUCTION The City shall require the following measures during project construction:

1. Construction activities with potential to ignite wildfires shall be prohibited during red-flag warnings issued by the National Weather Service for the site. Example activities include welding and grinding outside of enclosed buildings.

2. Fire extinguishers shall be available onsite during project construction. Fire extinguishers shall be maintained to function according to manufacturer specifications. Construction personnel shall receive training on the proper methods of using a fire extinguisher.

3. Construction equipment powered by internal combustion engines shall be equipped with spark arresters. The spark arresters shall be maintained pursuant to manufacturer recommendations to ensure adequate performance.

At the City’s discretion, additional wildfire risk reduction requirements may be required during construction. The City shall review and approve the project-specific methods to be employed prior to building permit approval.

MITIGATION MEASURE WFR-3 PROJECT DESIGN WILDFIRE RISK REDUCTION Project landscape plans shall include fire-resistant vegetation native to Contra Costa County and/or the local microclimate of the site and prohibit the use of fire-prone species especially non-native, invasive species.

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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 42 6 Feasibility of Project Alternatives
CEQA requires that an EIR include an analysis of a reasonable range of feasible alternatives to a project capable of avoiding or substantially lessening any significant adverse environmental impact associated with the project. The discussion of alternatives is required to include the “No Project” alternative. The EIR’s discussion of alternatives can be found in Section 6 of the Draft EIR and PREIR and is summarized here. The EIR’s analysis of alternatives was challenged in litigation that is now resolved. No legal challenge was filed following the City’s March 18, 2025 certification of the Revised Final EIR.

6.1 Alternative 1: No Project Alternative
The No Project Alternative assumed there is no change in zoning or General Plan land use designations for the parcels identified by Plan Orinda, including 23 Altarinda. Current uses on the sites, including the Project site, would continue under this alternative, with future full buildout of all sites limited by the existing zoning and General Plan designations. Buildout of the proposed Project site under existing zoning would result in no new residential development or additional population.

This alternative would not allow for additional residential development, including on the Project site at 23 Altarinda, and therefore would not promote downtown revitalization or provide housing opportunities downtown in proximity to transit, services, and amenities. Because this alternative would not allow increased housing development, it also would not accomplish any of the four Housing Element Update project objectives.

6.2 Alternative 2: DPP Plus BART Sites
Alternative 2 analyzed one of the identified Housing Element sites on Moraga Way (HE-4, Miramonte High School site) along with two parking lots owned by Caltrans adjacent to the Orinda Bay Area Rapid Transit (BART) station (BART-A and BART-B). This alternative included all of the “DPP sites” identified for future housing as outlined in Tables 2-4 and 2-5 in Section 2, Project Description of the EIR. This alternative did not include Housing Element Sites HE-1, HE-2, HE-3, and HE-5.

This alternative would have resulted in approximately 2,941 new dwelling units and approximately 8,233 new residents. This would equate to approximately 558 more units and approximately 1,561 more new residents than Plan Orinda. This pattern of development would have reduced VMT as it was assumed that many of the future residents would use BART for some travel and that most residents would live closer to Downtown, which would provide local retail, commercial uses, and services. Alternative 2 would have met or exceeded all of the Housing Element Update objectives and objectives relating to downtown revitalization and provided housing opportunities downtown in proximity to transit, services, and amenities.

6.3 Alternative 3: No DPP
Alternative 3 analyzed all of the identified Housing Element Sites (HE-1 through HE-5) along with the two BART sites (BART-A and BART-B). Although the number of dwelling units would have increased under this alternative compared to Plan Orinda as proposed, Alternative 3 would have excluded all Item F.5
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Feasibility of Project Alternatives
Findings of Fact/Statement of Overriding Considerations 43 of the “DPP sites” identified for future housing, including the site at 23 Altarinda, and thus would have involved development on fewer sites throughout the City.

This alternative would have resulted in approximately 1,854 new dwelling units and approximately 5,190 new residents. This would have equated to approximately 529 fewer units and approximately 1,482 fewer residents than Plan Orinda. This alternative would have been consistent with most of the project objectives for the Housing Element Update but not the objectives relating to downtown revitalization and providing housing opportunities downtown in proximity to transit, services, and amenities; development facilitated under this alternative would have met the State required RHNA for 6th Cycle Housing Element planning period of 2023-2031, identifying housing sites with a collective capacity to meet the City’s RHNA, with buffer capacity, and locating most housing sites in existing urban areas, near transit and commercial services.

Finding
CEQA provides that a public agency may not approve a project with significant, unavoidable environmental impacts unless it makes certain findings, including the finding that “[s]pecific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.” (Pub. Resources Code Section 21081; see also CEQA Guidelines Section 15091.) When the City certified the Revised Final EIR on March 18, 2025, it adopted detailed findings to support the conclusion that the alternatives listed above are infeasible. See Resolution No. 13-25.

That conclusion was not challenged. It remains valid and relevant to the City’s findings for the Project as set forth in this document. Specifically, the overriding social, economic and other considerations (set forth in this Statement of Overriding Considerations) provide support for the Project and the elimination of these alternatives from further consideration.

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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 44 7 Statement of Overriding Considerations
CEQA requires the decision-making agency to balance the benefits of a project against its significant unavoidable impacts. If the benefits of the project outweigh its unavoidable adverse environmental effects, those effects may be considered acceptable (CEQA Guidelines Section 15093(a)). CEQA requires the agency to state, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (CEQA Guidelines Section 15093(b)). Plan Orinda, including the Project, could result in significant unavoidable impacts related to hazards and hazardous materials, transportation, noise, and wildfire even after incorporation of feasible mitigation measures. These significant unavoidable impacts are identified and discussed in Section 5 of these Findings.

Pursuant to the Writ issued by the Court, the City was required to rescind its certification of the original Plan Orinda FEIR, revise the EIR in part, certify the revised EIR, and adopt revised CEQA Findings and Statement of Overriding Considerations in support of its 2023 approval of the Housing Element and Safety Element update components of Plan Orinda. The City has satisfied all the requirements of the Writ and the litigation is now fully resolved. No legal challenge was filed following the City’s March 18, 2025 certification of the Revised Final EIR.

The Writ allowed, but did not require, the City to re-approve the DPP component of Plan Orinda.

The City is not reapproving the DPP at this time. This Statement of Overriding Considerations relates only to 23 Altarinda Road Project and refers only to the benefits of the Project that outweigh the unavoidable adverse environmental effects identified in the EIR. If the City approves the DPP component of Plan Orinda (with or without revisions) in the future, the City will likewise comply with CEQA’s requirements regarding CEQA findings and override findings at that time.

The City finds that each of the benefits set forth below in this Statement constitute a separate and independent ground for finding that the benefits of the 23 Altarinda Road Project outweigh the risks of potential significant adverse environmental impacts. The benefits of the 23 Altarinda Road Project are as follows:
 The Project will enable the development of multi-family housing units, which tend to be a smaller, more affordable housing type than single family residential. The City currently has very little multi-family housing, but it is a type of housing for which there is a great deal of unmet demand in Orinda. The Housing Element notes that 95.3% of Orinda’s housing stock in 2021 was single family homes, while only 4.5% were multi-family units. The City has received input from many residents who would like to “downsize” from their single family homes while staying in the community. Similarly, the City has received input that for younger households seeking to enter the expensive Orinda housing market, multifamily units could be a viable option, if more were available. The City can help make this possible by allowing development of more multifamily housing as proposed by the Project. A variety of housing types at different affordability levels will diversify the City’s housing stock, which is desired by the community and will contribute toward alleviating a shortage of housing in Orinda and the region. These conclusions are supported by the extensive public outreach process the City undertook in developing Plan Orinda, including the hosting of a series of community workshops, online forums, stakeholder interviews, and Planning Commission/City Council study sessions.

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Statement of Overriding Considerations
Findings of Fact/Statement of Overriding Considerations 45  The Project will encourage the development of housing with access to transit, jobs, services, and community benefits and will enable residents to live in closer proximity to many community amenities. Unlike much of Orinda, tThe Project site is adjacent to existing residential developments (Orindawoods and Orinda Grove) and also within walking distance, or a short bike ride, of the BART station, a grocery store, the downtown, and city parks. Development of housing in proximity to such amenities supports the City’s active transportation goals, including as referenced in the City’s ConnectOrinda Plan and the Bike, Trails and Walkways Master Plan.  Approving the Project will help demonstrate that the City is “open for business” and welcomes appropriate redevelopment of its Downtown, which includes a number of vacant and underutilized properties and has long suffered from a lack of private investment/development.

According to the findings of the Urban Land Institute’s 2017 Downtown Orinda Technical Assistance Panel, building height limits and low density requirements in downtown have made some forms of development economically challenging. Other contributing factors include longtime property owners that are not incentivized to intensify or redevelop their properties with new or different uses.
 The Project will contribute to local tax revenues. In the 2025-2026 tax year, the assessed value for property tax purposes was approximately $1.1 Million. That number would be much higher following redevelopment with the Project as the value of 15+ new residential units would be substantially higher than the current value of the approximately 4,600 square foot commercial building. Even at a conservative average valuation of $500,000 per unit, redevelopment of the site would result in a new property valuation of $7.5 million.  The Project will contribute to local job creation and economic vitality, especially during construction.
 The Project would allow for potential residential development on a site that is currently designated in the City’s General Plan and Zoning Code for commercial land uses (primarily office), not housing. Under recent changes to State law (e.g., SB 6/Government Code Section 65852.24), however, the applicant could potentially assert the right to develop housing on the site even if the City were to decline to amend its land use designation. In light of such changes to State law, the City no longer has the authority to outright prohibit residential development on the site for a project that meets the requirements of State law (e.g., SB 6/Government Code Section 65852.24). The Project allows the City to address potential residential development on the site on its own terms. This is important because it allows the City to retain maximum local land use authority and avoid the imposition of a State mandate.  Through numerous legislative actions in the past several years, the State of California has identified the lack of housing as a significant area of public concern, leading to an unsustainable lack of housing affordability, increased homelessness, social stress related to increased poverty and a reduction in economic prosperity for many state residents. In the current 6th housing element cycle, Orinda has been allocated 1,359 units between 2023 and 2031. The Project will help the City of Orinda meet its State-mandated obligation to promote the development of housing in the community and comply with State Housing Element Law. While 23 Altarinda is not a Housing Element site, 15 or more new units developed on that 0.73-acre site will count towards meeting the City’s RHNA numbers during the 2023-2031 Housing Element cycle and will be reported during the City’s Annual Progress Report to the State Department of Housing and Community Development (“HCD”). This is particularly important because HCD has not allowed the City to count the Caltrans Gateway Site towards satisfying its regional housing needs allocation (“RHNA”), leaving the City with very little “buffer” in its Housing Element inventory.

The City’s certified Housing Element currently complies with state housing element law, but due Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 46 to its limited “buffer” the City may need to address the “no net loss” requirement during the current Housing Element cycle. The Project would allow for potential residential development that could address the buffer/no net loss issue. This is particularly important because Additionally, if the City does not meet its regional housing needs allocation (“RHNA”) RHNA, it will be subject to increasingly onerous State law streamlining requirements (see e.g., SB 35).

Orinda has already been determined by the State/HCD to have made insufficient progress toward its lower income RHNA (Very Low and Low income) and is therefore subject to the streamlined ministerial SB 35 approval process for proposed developments with at least 50% affordability. If the City is also determined to have made insufficient progress toward its above moderate income RHNA, it will be subject to mandatory SB 35 streamlining for developments with at least 10% affordability. The State/HCD is scheduled to make such a determination at the midpoint of the 6th housing element cycle (i.e., January 2027). The Project is expected to help the City make timely progress towards its RHNA, which would help the City avoid increasingly onerous streamlining requirements under SB 35.
 In response to concerns and suggestions raised in public comments, the MMRP includes and the City has been implementing numerous wildfire evacuation mitigation measures, including additional commitments of City staff time and resources to pursue funding, coordinate with other agencies, and inform the public of actions taken to improve evacuation conditions. These measures will provide safety benefits to Orindans in the event a wildfire evacuation is necessary. While these mitigation measures will not reduce the impacts to a level of insignificance, they will provide benefits regardless of how much new development is facilitated by the Project. Development facilitated by Plan Orinda would be required to undertake mitigation measures included in the MMRP.
 Plan Orinda includes a state-mandated Safety Element Update that establishes a framework that anticipates hazards and prepares the community to minimize exposure to these risks, including those related to wildfire and emergency evacuation. Any development of the Project site would be required to be consistent with the Safety Element.

On balance, the City finds that each of the benefits associated with the Project set forth above, independent of the other benefits, constitutes an Overriding Consideration that overrides and outweighs the significant unavoidable effects identified in the EIR. Therefore, pursuant to CEQA Guidelines Section 15093(b), these adverse effects are considered acceptable.

As the Court noted in its Minute Order, override findings are not required to provide a comparative analysis of “how the Project’s benefits are deemed to outweigh its environmental downside.” (Minute Order Page 30). The Court reasoned: "The Project’s benefits (e.g., providing more housing for California residents and complying with state housing mandates) are apples; the Project’s environmental downsides (adverse effect on wildfire risk and evacuation) are oranges. There is no math or science that allows an EIR’s analysis to quantify how one does or doesn’t outweigh the other. That weighing of the plus-side apples against the minus-side oranges is a policy decision, the decision that the policy makers are to decide – not that an EIR can or should dictate to them.” (Minute Order Page 30). Thus, these override findings set forth the benefits of the Project and find that these benefits outweigh the environmental impacts identified in the Revised Final EIR.

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23 Altarinda Road General Plan Amendment and
Zoning Amendment
Findings of Fact and Statement of Overriding Considerations prepared by
City of Orinda Planning Department
22 Orinda Way, 1st Floor
Orinda, California 94563
prepared with the assistance of
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
February 2026
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Item F.5
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CEQA Findings and Statement of Overriding
Considerations
for
23 Altarinda Road General Plan Amendment and Zoning
Amendment
Pursuant to CEQA Sections 15091 and 15093
and Public Resources Code Section 21081
The Revised Final Environmental Impact Report (Revised Final EIR) prepared by the City of Orinda (City) for Plan Orinda consisted of the Draft EIR (2022) as revised by the Partially Revised EIR (2024), the Response to Comments on the Draft EIR (2023), an Addendum dated March 21, 2023, the Response to Comments on the Partially Revised EIR (2025), and the Errata (2025). The Revised Final EIR identified significant environmental impacts that would result from implementation of Plan Orinda, which includes the Downtown Precise Plan (“DPP”), 2023-2031 (6th Cycle) Housing Element Update, and the Safety Element Update. The City found that the inclusion of certain mitigation measures would reduce all but the following significant impacts to levels that are less than significant: hazards and hazardous materials, noise, transportation, and wildfire. No feasible mitigation measures have been identified to reduce these impacts to a less-than-significant level or mitigation measures have been identified but would not reduce impacts to a level of less than significant; these impacts would remain significant, unavoidable impacts of Plan Orinda.

The City certified the Revised Final EIR as adequate under the California Environmental Quality Act (CEQA) for the entirety of Plan Orinda in March 2025. However, at this time, the City has not approved one component of Plan Orinda: the DPP. The City originally approved all of Plan Orinda in January 2023 in reliance on the original Final EIR for Plan Orinda. In February 2024, Contra Costa County Superior Court issued a writ of mandate (“Writ”) ordering the City to rescind its certification of the original Final EIR; approval of the DPP; CEQA Findings; and Statement of Overriding Considerations, pending revisions to the EIR. The Writ did not require the City to rescind its approval of the 2023-2031 (6th Cycle) Housing Element Update or the Safety Element Update, and in March 2025, the City decided not to pursue any revisions to those two components of Plan Orinda. The City also made Revised CEQA Findings and Statement of Overriding Considerations for the previously approved 2023-2031 (6th Cycle) Housing Element Update and Safety Element Update in March 2025.

The City is now making CEQA Findings and Statement of Overriding Considerations for the 23 Altarinda Road General Plan Amendment and Zoning Amendment (“Project” or “23 Altarinda Road Project”). These CEQA Findings and Statement of Overriding Considerations are intended to comply with CEQA Guidelines Section 15091 and 15093 and Public Resources Code 21081.

The City, in adopting these CEQA Findings and Statement of Overriding Considerations, also incorporates the Mitigation Monitoring and Reporting Program (“MMRP”) adopted in March 2025 for Plan Orinda. The City finds that the MMRP, which is incorporated by reference, meets the requirements of Public Resources Code Section 21081.6 by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the Project. Pursuant Item F.5
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to Public Resources Code Section 21082.1(c)(3), the City also finds that the Revised Final EIR reflects the City’s independent judgment as the lead agency for the Project.

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Table of Contents
Findings of Fact/Statement of Overriding Considerations i Table of Contents
1 Introduction ...................................................................................................................................1

1.1 Statutory Requirements for Findings .................................................................................1

1.2 Procedural Findings............................................................................................................1

1.3 Findings Required Under CEQA..........................................................................................4

1.4 Record of Proceedings........................................................................................................4

1.5 Findings ..............................................................................................................................5 2 Plan Orinda and the Project...........................................................................................................6

2.1 Project Objectives ..............................................................................................................6

2.2 Plan Orinda Description......................................................................................................6

2.3 Project ................................................................................................................................7 3 Topical Areas Determined to have Less than Significant or No Impacts........................................8 4 Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant.....................................................................................................................................13 5 Topical Areas Determined to have Significant and Unavoidable Impacts ...................................32

5.1 Cumulative Impacts..........................................................................................................40 6 Feasibility of Project Alternatives ................................................................................................42

6.1 Alternative 1: No Project Alternative ...............................................................................42

6.2 Alternative 2: DPP Plus BART Sites ...................................................................................42

6.3 Alternative 3: No DPP.......................................................................................................42 7 Statement of Overriding Considerations .....................................................................................44 Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment ii
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Introduction
Findings of Fact/Statement of Overriding Considerations 1 1 Introduction

1.1 Statutory Requirements for Findings
CEQA Guidelines Section 15091 states that:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.

In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts that will otherwise occur with implementation of the project. Project mitigation or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with another agency.1 For those significant effects that cannot be mitigated to a less-than-significant level, the public agency is required to find that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment.2 CEQA Guidelines Section 15093 states:
“If the specific economic, legal, social, technological, or other benefits of a propos[ed] project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered ‘acceptable.”

1.2 Procedural Findings
The City Council of the City of Orinda finds as follows:

Based on the nature and scope of Plan Orinda, State Clearinghouse No. 2022010392, the City Council of Orinda determined, based on substantial evidence, that Plan Orinda may have a significant effect on the environment and prepared an EIR. The Revised Final EIR, including the Draft EIR (2022) as revised by the Partially Revised EIR (2024), the Response to Comments on the Draft EIR (2023), an Addendum dated March 21, 2023, the Response to Comments on the Partially Revised EIR (2025), and the Errata (2025), was prepared, noticed, published, circulated, reviewed and 1 CEQA Guidelines Section 15091 (a), (b).
2 Public Ressources Code Section 21081(b).

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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 2 completed in full compliance with the CEQA Public Resources Code Sections 21000 et seq. CEQA and the CEQA Guidelines (14 California Code of Regulations Sections 15000 et. Seq.), as follows:
▪ Notice of Preparation and Initial Study. After deciding that an EIR is required, the lead agency (the City) must file a Notice of Preparation soliciting input on the EIR scope to the State Clearinghouse, other concerned agencies, and parties previously requesting notice in writing (CEQA Guidelines Section 15082; Public Resources Code [PRC] Section 21092.2). The NOP must be posted in the County Clerk’s office for 30 days. The NOP may be accompanied by an Initial Study that identifies the issue areas for which the project could create significant environmental impacts. The City prepared a NOP of the Draft EIR for a 51-day agency and public review period commencing January 4, 2022. The NOP was amended on January 15, 2022 and public comment closed on February 24, 2022.
▪ Draft EIR Prepared. The Draft EIR must contain a) table of contents or index; b) summary; c) project description; d) environmental setting; e) discussion of significant impacts (direct, indirect, cumulative, growth-inducing, and unavoidable impacts); f) a discussion of alternatives; g) mitigation measures; h) discussion of irreversible changes, and i) any identified areas of controversy. The City prepared a Draft EIR and circulated the draft for public review for a 46-day comment period that began on September 15, 2022 and ended on October 31, 2022. A corresponding Notice of Availability (NOA) was published to provide notification when the Draft EIR became available for public review.
▪ In compliance with the writ of mandate (“Writ”) issued by the Contra Costa Superior Court (“Court”) in Orindans for Safe Emergency Evacuation v. City of Orinda, the City revised portions of Section 4.14 of the Draft EIR (i.e., the wildfire impacts analysis). Although the revisions to Section 4.14 did not indicate any new significant impacts, more severe significant impacts, new mitigation, or infeasibility of previously identified mitigation, the City recirculated the revised Section 4.14 for public review and comment pursuant to CEQA Guidelines Section 15088.5, as required by the Writ.
▪ The Court did not find any inadequacies in the Draft EIR’s alternatives analysis. Nonetheless, the Writ required the City to revise Section 6 of the Draft EIR (i.e., the alternatives analysis). In compliance with this provision, the City also revised portions of Section 6. Although the new information added to the EIR by the revisions to Section 6 did not indicate any new significant impacts, more severe significant impacts, new mitigation, or infeasibility of previously identified mitigation, the City recirculated that analysis for public review and comment pursuant to CEQA Guidelines Section 15088.5, as required by the Writ.
▪ The Partially Revised EIR, which included revisions to Section 4.14 and Section 6 of the Draft EIR as required by the Writ issued by the Court, was made available for a 45-day public review period commencing October 23, 2024, and closing December 9, 2024. The Notice of Availability of the Partially Revised EIR was posted with the County Clerk, sent to the State Clearinghouse, mailed to local and state agencies and emailed to interested parties. ▪ Notice of Completion. The lead agency must file a Notice of Completion with the State Clearinghouse when it completes a Draft EIR and prepare an NOA. The lead agency must place the Notice of Completion in the County Clerk’s office for 30 days (PRC Section 21092) and send a copy of the notice of completion to anyone requesting it (CEQA Guidelines Section 15087).

Additionally, public notice of Draft EIR availability must be given through at least one of the following methods: a) publication in a newspaper of general circulation; b) physical signage posting on and off the project site; and c) direct mailing to owners and occupants of contiguous properties. The lead agency must solicit input from other agencies and the public and respond Item F.5
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Introduction
Findings of Fact/Statement of Overriding Considerations 3 in writing to all comments received (PRC Sections 21104 and 21253). An NOC was prepared and submitted to the State Clearinghouse with the Draft EIR on September 15, 2022.  A second NOC was filed and the NOA was published for the Partially Revised EIR on October 23, 2024.
▪ Final EIR. A Final EIR must include a) the Draft EIR; b) copies of comments received during public review; c) list of persons and entities commenting; and d) responses to comments. The City prepared a Final EIR, which was published and submitted to the State Clearinghouse on February 1, 2023.
▪ The Revised Final EIR prepared by the City in March 2025 consists of the Draft EIR (2022) as revised by the Partially Revised EIR (2024), the Response to Comments on the Draft EIR (2023), an Addendum dated March 21, 2023, the Response to Comments on the Partially Revised EIR (2025), and an Errata (2025).
▪ Certification of Final EIR. Prior to making a decision on a proposed project, the lead agency must certify that a) the Final EIR has been completed in compliance with CEQA; b) the Final EIR was presented to the decision-making body of the lead agency; and c) the decision-making body reviewed and considered the information in the Final EIR prior to approving a project (CEQA Guidelines Section 15090). The Final EIR was certified by the City Council on March 18, 2025. ▪ Lead Agency Project Decision. The lead agency may a) disapprove the project because of its significant environmental effects; b) require changes to the project to reduce or avoid significant environmental effects; or c) approve the project despite its significant environmental effects, if the proper findings and statement of overriding considerations are adopted (CEQA Guidelines sections 15042 and 15043). The lead agency may also approve only a portion of the project analyzed in an EIR. See Sierra Club v. City of Orange (2008) 163 Cal.App.4th 523, 533; Save the Capitol, Save the Trees v. Department of General Services (2024) 101 Cal.App.5th 1237, 1250
▪ Findings/Statement of Overriding Considerations. No public agency may approve or carry out a project for which an EIR has been certified and which identifies one or more significant environmental effects of the project unless the public agency finds, based on substantial evidence, that a) the project has been changed to avoid or substantially reduce the magnitude of the impact; b) changes to the project are within another agency's jurisdiction and such changes have or should be adopted; or c) specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible (CEQA Guidelines Section 15091). If an agency approves a project with unavoidable significant environmental effects, it must prepare a written Statement of Overriding Considerations that sets forth the specific social, economic, or other reasons supporting the agency’s decision.

These CEQA Findings and Statement of Overriding Considerations describe the reasons supporting the City’s decision to approve the Project. The CEQA Findings and Statement of Overriding Considerations are included in this document. ▪ Mitigation Monitoring Reporting Program. When the lead agency makes findings on significant effects identified in the EIR, it must adopt a reporting or monitoring program for mitigation measures adopted or made conditions of project approval to mitigate significant effects. The MMRP was adopted by the City Council in March 2025 and is also being incorporated by reference here.

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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 4 ▪ Evaluation of Consistency with the Plan Orinda Certified Revised Final Environmental Impact Report. This document evaluates and confirms the consistency of the Project with the certified Revised Final EIR (State Clearinghouse #2022010392) for Plan Orinda.

1.3 Findings Required Under CEQA
The City Council (the final decision-making body) of the City of Orinda (the CEQA Lead Agency) previously decided to approve the Housing Element and Safety Element components of Plan Orinda and made findings in support of its decision pursuant to CEQA Guidelines Sections 15091 and 15093, and Public Resources Code Section 21081. Pursuant to those provisions, no public agency shall approve or carry out a project for which an environmental impact report has been certified, which identifies one or more significant effects on the environment that would occur if the project is approved or carried out, unless the public agency makes one or more findings for each of those significant effects, accompanied by a brief explanation of the rationale of each finding. The possible findings, which must be supported by substantial evidence in the record, are:
▪ Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. ▪ Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. ▪ Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

Here, the City is pursuing potential land use and zoning amendments for 23 Altarinda Road that were evaluated as part of Plan Orinda. These CEQA Findings and Statement of Overriding Considerations apply to that Project only. If the City proceeds to re-approving the DPP (with potential revisions) in the future, it will adopt separate CEQA Findings and Statement of Overriding Consideration at that time.

1.4 Record of Proceedings
For purposes of CEQA and these findings, the record before the City Council includes the following:
▪ The Draft EIR and all appendices to the Draft EIR
▪ The Addendum dated March 21, 2023
▪ The Partially Revised EIR
▪ The Final EIR and Revised Final EIR, including Errata, comments on the Draft EIR and Partially Revised EIR, responses to those comments and all appendices to the Final EIR and Revised Final EIR
▪ All notices required by CEQA
▪ All studies conducted for Plan Orinda and contained in, or referenced by, the Draft EIR, Partially Revised EIR, the Final EIR, and the Revised Final EIR
▪ The Section 15168 environmental consistency analysis dated October 2025 Item F.5
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Introduction
Findings of Fact/Statement of Overriding Considerations 5 ▪ All documentary and oral evidence received and reviewed at public hearings, study sessions, and workshops and all transcripts and minutes of those hearings related to Plan Orinda the Draft EIR and the Final EIR
▪ For documentary and informational purposes, these Findings and Statement of Overriding Conditions, Mitigation Monitoring and Reporting Program, and other documentation relevant to planned growth in the area
▪ Any additional items not included above if otherwise required by law

1.5 Findings
The Revised Final EIR is incorporated into these findings in its entirety. Without limitation, this incorporation is intended to elaborate on the scope and nature of mitigation measures, the basis for determining the significance of impacts, the comparative analysis of alternatives, and the reasons for approving the Project in spite of the potential for associated significant and unavoidable adverse impacts.

For the purposes of these findings, the impact discussions include the relevant policies and actions, as well as the separate mitigation measures imposed to reduce the impacts where the policies did not result in a less than significant impact. In the findings that follow, impact numbers are provided.

The impact numbers correspond to sections of the Draft EIR (as revised by the Partially Revised Environmental Impact Report (PREIR)) that contain an expanded discussion of impacts. Please refer to the referenced impact sections of the EIR for more detail.

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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 6 2 Plan Orinda and the Project

2.1 Project Objectives
Pursuant to CEQA Section 15124(b), the EIR project description must include “[a] statement of objectives sought by the proposed project… The statement of objectives should include the underlying purpose of the project.” Plan Orinda, which included the 23 Altarinda Road Project, was intended to achieve the following project objectives:

1. Meet the State required RHNA for 6th Cycle Housing Element planning period of 2023-2031;

2. Bring the General Plan into conformance with recently enacted State law;

3. Identify housing policies and programs that enable the development of additional units and the preservation of existing units, that reduce governmental constraints to building housing, and that affirmatively further fair housing across the board;

4. Identify housing sites with a collective capacity to meet the City’s RHNA, with buffer capacity; and,

5. Locate most housing sites in existing urban areas, near transit and commercial services.

Plan Orinda, which included the 23 Altarinda Road Project, was also intended to achieve the following project objectives:

1. To encourage a mix of uses including employment opportunities, housing, recreational and cultural uses;

2. To increase open spaces and community gathering places to foster greater connections with nature;

3. To maintain the village “small town” character of Downtown while encouraging development that is compatible with existing uses, the pedestrian environment, and streetscape;

4. To incorporate varying architectural building types with appropriate detailing; and,

5. To develop the area with complimentary uses consistent with the current scale and size of surrounding development.

2.2 Plan Orinda Description
Plan Orinda was a long-range planning effort designed to shape the future of development and economic growth in Orinda. Plan Orinda included updates to the Housing Element, the Land Use Element, and the Safety Element section of the Environmental Resources Chapter of the General Plan; minor updates to the Growth Management Element of the Growth Management Chapter; and the adoption of new development standards and objective design standards for the Downtown area. The Downtown Streetscape Master Plan (Connect Orinda) was adopted separately in November 2019. Plan Orinda anticipated multiple General Plan and Zoning Amendments based on the proposed changes to policies, programs, and land use. As noted above, 23 Altarinda Road was identified in Plan Orinda for General Plan land use and zoning designation changes to allow multifamily residential development.

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Plan Orinda and the Project
Findings of Fact/Statement of Overriding Considerations 7

2.3 Project
The 23 Altarinda Road Project site is in the Downtown area within the City of Orinda, Contra Costa County, California. The approximately 0.73-acre site is currently developed with an office building and associated surface parking and is situated in an urbanized setting characterized by low-rise office and commercial buildings, surface parking lots, and mature landscape. The Project would consist of a General Plan Amendment and a Zoning Amendment to change the site’s General Plan and zoning designations to allow for multifamily residential uses at a density of up to 25 dwelling units per acre, as anticipated under Plan Orinda.

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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 8 3 Topical Areas Determined to have Less
than Significant or No Impacts
The City finds that, based upon substantial evidence in the record, as discussed below, the Project would have no impacts or its impacts would be less than significant with respect to the following topical areas. The EIR concluded that these impacts would be less than significant for impacts of Plan Orinda, which included the Project plus additional development. As a result, the City finds that the Project’s impacts associated with the following topical areas would also be less than significant.

Aesthetics
Impact AES-1
Development facilitated by Plan Orinda, including the Project, would occur in different areas of the City including along a scenic corridor (Moraga Way). However, new development would not block expansive views or substantially impede access to longer-range views of the landscape. Impacts would be less than significant.

Air Quality and Greenhouse Gas Emissions
Impact AQ-1
Plan Orinda, including the Project, would not conflict with the control measures in the 2017 Clean Air Plan, and vehicle miles traveled (VMT) increase from Plan Orinda, including the Project, would be less than the estimated population increase. This impact would be less than significant.

Impact AQ-4
Development facilitated by Plan Orinda, including the Project, would not create objectionable odors that could affect a substantial number of people. Impacts would be less than significant.

Impact GHG-1
Future development under Plan Orinda, including the Project, would not directly or indirectly generate greenhouse gas (GHG) emissions that would have a significant effect on the environment.

GHG emissions from Plan Orinda, including the Project, would not exceed Bay Area Air Quality Management District (BAAQMD) 2031 interpolated thresholds. This impact would be less than significant.

Impact GHG-2
Plan Orinda, including the Project, would not conflict with GHG reduction goals and policies in the 2017 Scoping Plan, Plan Bay Area 2050, or the City’s General Plan. This impact would be less than significant.

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Topical Areas Determined to have Less than Significant or No Impacts Findings of Fact/Statement of Overriding Considerations 9 Biological Resources
Impact BIO-5
Tree removal associated with development facilitated by Plan Orinda, including the Project, could result in damage to or destruction of protected trees. However, compliance with existing City of Orinda regulations would ensure that impacts would be less than significant.

Impact BIO-6
Plan Orinda, including the Project, would not conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan. There would be no impact.

Cultural and Tribal Cultural Resources
Impact CUL-3
Development facilitated by Plan Orinda, including the Project, could result in damage to or destruction of human burials. However, compliance with existing regulations on human remains would ensure less than significant impacts.

Geology and Soils
Impacts GEO-1 – GEO-5
The project site would not be subject to rupture of a known earthquake fault. Therefore, there would be no impact on development facilitated by the Project.

Development facilitated by Plan Orinda, including the Project, could result in exposure of people or structures to a risk of loss, injury, or death from seismic events, including ground shaking, liquefaction, and landslides. Compliance with the California Building Code (CBC) and Safety Element policies would reduce ground shaking, liquefaction, and landslide hazards. Impacts would be less than significant.

Development facilitated by Plan Orinda, including the Project, would include ground disturbance such as excavation and grading that would result in loose or exposed soil. Disturbed soil could be eroded by wind or during a storm event, which would result in the loss of topsoil. Adherence to permit requirements, city regulations, and Safety Element policies would ensure that this impact would be less than significant.

Development facilitated by Plan Orinda, including the Project, could be located on a geologic unit or soil that is unstable or could become unstable resulting in on or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. Compliance with the CBC and Safety Element policies would reduce hazards resulting from expansive soils. Impacts would be less than significant.

Development facilitated by Plan Orinda, including the Project, would mostly occur on urban sites that would be served by existing sanitation infrastructure. Therefore, impacts related to the use of septic tanks or alternative wastewater disposal systems would be less than significant.

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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 10 Hazards/Hazardous Materials and Wildfire
Impacts HAZ-1 – HAZ-5
Development facilitated by Plan Orinda, including the Project, could involve the use, storage, disposal, or transportation of hazardous materials. Upset or accident conditions in the project site area could involve the release of hazardous materials into the environment. Required adherence to existing regulations, programs, and Orinda General Plan policies would ensure that impacts would be less than significant.

Development facilitated by Plan Orinda, including the Project, may result in the release of potentially hazardous materials within 0.25 mile of a school. However, compliance with regional and federal regulations related to hazardous materials and compliance with the Safety Element policies would minimize the risk of releases and exposure to these materials. Impacts would be less than significant.

Development facilitated by Plan Orinda, including the Project, would not be located on a site included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5. Compliance with applicable regulations relating to site remediation, if necessary, would minimize impacts from development on previously unknown contaminated sites, resulting in a less than significant impact.

The City is not located in an airport land use plan or in the vicinity of a private airstrip. No impacts related to airports would occur.

Development facilitated by Plan Orinda, including the Project, would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.

Impacts would be less than significant.

Land Use/Planning and Population/Housing
Impacts LU-1 – LU-2
Implementation of the Project would continue orderly development in the City and would not physically divide an established community. Impacts would be less than significant.

The Project would not result in a significant environmental impact due to a conflict with Plan Bay Area 2050 or the Orinda General Plan. Therefore, this impact would be less than significant.

Noise
Impact NOI-3
The project site is not within the noise contours for an airstrip or airport as depicted on the airport land use plan, and no impacts would occur from exposing residents or workers to excessive aircraft noise levels.

Population and Housing
Impacts POP-1- POP-2
Development facilitated by Plan Orinda, including the Project, could ultimately accommodate an additional 6,672 new residents and 2,383 new housing units in the City. This would exceed Plan Bay Item F.5
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Topical Areas Determined to have Less than Significant or No Impacts Findings of Fact/Statement of Overriding Considerations 11 Area 2040 population and housing forecasts but would be consistent with the City’s RHNA allocation. ABAG’s next plan update would incorporate the Housing Element Update. Growth resulting from Plan Orinda, including the Project, would therefore be anticipated and would not result in unplanned population growth. Therefore, impacts would be less than significant.

The Project involves a site not currently in residential use and would not displace substantial numbers of existing people or housing. Impacts would be less than significant.

Public Services and Recreation
Impacts PS-1-PS-5
Development facilitated by Plan Orinda, including the Project, would increase the population in the City, which would increase demand for fire protection services. However, this increase would not require additional and/or expanded fire protection facilities. Impacts would be less than significant.

Development facilitated by Plan Orinda, including the Project, would increase the population in the City, which would increase demand for police protection services. However, this increase would not require additional and/or expanded police protection facilities. Impacts would be less than significant.

Development facilitated by Plan Orinda, including the Project, would increase the population in the planning area, which could result in the need for additional and/or expanded school facilities.

However, Government Code 65995 (b) would require funding for the provision or expansion of new school facilities to offset impacts from the project. Therefore, this impact would be less than significant.

Development facilitated by Plan Orinda, including the Project, would increase the population in the City, which would increase demand for parks and recreation services. However, the City would not exceed its threshold of five acres of parkland per 1,000 residents. Conformance with Orinda Municipal Code and General Plan policies and programs related to parks and recreation services would require maintenance of parkland for new residential development and payment of Quimby park in-lieu fees and park impact fees to ensure ongoing parkland maintenance to prevent deterioration. Therefore, this impact would be less than significant.

Development facilitated by Plan Orinda, including the Project, would increase the population in the City, which would increase demand for the use of public facilities such as libraries, possibly resulting in the need for additional open hours and staffing and the expansion of the Orinda Library.

However, any future plans to expand the Orinda Library would be subject to environmental review under CEQA and given that the Orinda Library is on an infill site expansion is unlikely to result in significant impacts. Therefore, this impact would be less than significant.

Transportation
Impact TRA-1
The Project would not conflict with an applicable program, plan, ordinance, or policy establishing measures of effectiveness for the performance of addressing the circulation system, including transit, bicycle, and pedestrian facilities. This impact would be less than significant.

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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 12 Utilities and Service Systems
Impact UTIL-2 and UTIL-3
The Project would not conflict with an applicable program, plan, ordinance, or policy establishing measures of effectiveness for the performance of addressing the circulation system, including transit, bicycle, and pedestrian facilities. This impact would be less than significant.

Wildfire
Impact WFR-1a
The Project would not substantially impair an adopted emergency response plan or emergency evacuation plan. This impact would be less than significant.

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Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Findings of Fact/Statement of Overriding Considerations 13 4 Topical Areas Determined to Have
Potentially Significant Impacts Mitigated
to Less Than Significant
These topical areas contain impacts of the Project that are reduced to a less-than-significant level through the implementation of mitigation measures. Pursuant to California Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), as to each impact, the City, based on the evidence in the record before it, finds that changes or alterations incorporated into the Project mitigate, avoid, or substantially lessen to a level of insignificance these environmental impacts. The basis for the finding for each impact is set forth below and in the EIR, which concluded that these impacts of Plan Orinda would be reduced to a less than significant level through the incorporation of mitigation measures. Plan Orinda included the Project. As a result, the City finds that the Project’s impacts associated with the following topical areas would also be reduced to a less than significant level through the incorporation of mitigation measures.

The City notes that some mitigation measures include references to the DPP. These measures were included in the Plan Orinda EIR, which analyzed the impacts of, and identified mitigation for, the entire Plan Orinda, including the DPP. Although the DPP is not being re-approved at this time, the City has not deleted those references in the mitigation measures for three reasons: (1) those references will have no effect unless or until the DPP is re-approved; (2) retaining those references will not have any adverse impacts; and (3) modifying the mitigation measures to exclude the references to the DPP could cause confusion for readers. Retaining these references to the DPP in these mitigation measures does not constitute approval of the DPP; the City is not at this time reapproving the DPP, as set forth above.

Aesthetics
Impact AES-2-AES-4
Development facilitated by Plan Orinda, including the Project, would not result in substantial damage to scenic resources in view of a scenic highway, visual character, or light and glare, with implementation of mitigation. Impacts would be less than significant with mitigation.

MITIGATION MEASURE AES-1 CITY OF ORINDA OBJECTIVE DESIGN STANDARDS The City, with the guidance of a qualified urban design firm, shall develop and adopt objective design standards for the Plan Orinda area similar to the City’s current Senior Housing Overlay standards prior to development of the Housing Element sites. Objective Design Standards shall include guidance including but not limited to structure design, massing, intensity, lighting, and landscaping. For the Housing Element sites, the Objective Design Standards shall require tree planting or other screening measures to ensure that the general aesthetic of Orinda’s roadways would not be substantially adversely affected by the project.

Completion of the selected measure or a combination of the selected measures must, to the extent feasible, include properties located within the Cummings Valley Area.

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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 14 Finding
The objective design standards required by Mitigation Measure AES-1 will apply to any future development at the Project site. The City finds that, with incorporation of Mitigation Measure AES1, impacts related to scenic routes, the visual character of the plan area, and light and glare would be mitigated to a less than significant level because the standards would ensure future development is consistent with Orinda’s established design character, incorporates screening and landscaping to reduce visual bulk, and minimizes potential sources of glare through controlled lighting design.

Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Air Quality
Impact AQ-2
Development facilitated by Plan Orinda, including the Project, would increase air pollutant emissions, which would affect local air quality. Operational impacts from emissions of criteria pollutants would be less than significant. Construction impacts would be less than significant with mitigation.

MITIGATION MEASURE AQ-1 INDIVIDUAL AIR QUALITY ANALYSIS For individual projects subject to CEQA that do not meet the BAAQMD construction and/or operational screening criteria under Table 4.2-3, individual air quality analysis shall be conducted to determine project significance. Where individual projects exceed BAAQMD significance thresholds detailed under Table 4.2-4, mitigation measures shall be incorporated to reduce emissions to below thresholds or to the furthest extent possible. Construction mitigation measures may include, but are not limited to, incorporation of Tier 4 and/or alternative fueled equipment, use of onsite power sources instead of generators, and use of low/no-VOC content architectural coatings. Operational mitigation measures may include, but are not limited to, increased incorporation of PV beyond regulatory requirements, increased incorporation of EV charging stations and/or infrastructure beyond regulatory requirements, incorporation of a development wide, ride-share system, or elimination of natural gas usage within residential developments. Individual project analysis and accompanying emission-reduction measures shall be approved by the City and/or BAAQMD prior to issuance of a permit to construct or permit to operate.

MITIGATION MEASURE AQ-2 CONSTRUCTION EMISSIONS MEASURES As part of the City’s development approval and building permit issuance process, the City shall require project applicants to comply with the current Bay Area Air Quality Management District’s basic control measures for reducing construction emissions of PM10 (Table 8-2, Basic Construction Mitigation Measures Recommended for All Proposed Projects, of the May 2017 BAAQMD CEQA Guidelines), outlined below.

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times a day.

2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

Item F.5
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Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Findings of Fact/Statement of Overriding Considerations 15

4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points.

7. All construction equipment shall be maintained and properly tuned in accordance with manufacture’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper conditions prior to operation.

8. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours.

BAAQMD’s number shall also be visible to ensure compliance with applicable regulations.

Finding
The City finds that with incorporation of Mitigation Measures AQ-1 and AQ-2, which would require incorporation of BAAQMD Basic Construction Measures, temporary construction impacts and fugitive dust emissions would be reduced to a less than significant level because any subsequent development project would be required to comply with BAAQMD’s basic control measures for reducing construction emissions of PM10 . In addition, any project that exceeds BAAQMD significance thresholds would be required to incorporate measures to reduce the project’s emissions below those thresholds. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Impact AQ-3
Construction activities for individual projects lasting longer than two months or located within 1,000 feet of sensitive receptors could expose sensitive receptors to substantial pollutant concentrations.

This impact would be less than significant with mitigation. The Project would not include new sources of TACs and operational impacts would be less than significant.

MITIGATION MEASURE AQ-3 CONSTRUCTION HEALTH RISK ASSESSMENT For individual projects where construction activities would occur within 1,000 feet of sensitive receptors, would use diesel equipment for longer than two months and would not utilize Tier 4 and/or alternative fuel construction equipment, a construction health risk assessment (HRA) shall be prepared. If an HRA is to be prepared, the HRA shall determine potential risk and compare the risk to the following BAAQMD thresholds:
▪ Non-compliance with Qualified Community Risk Reduction Plan; ▪ Increased cancer risk of > 10.0 in a million;
▪ Increased non-cancer risk of > 1.0 Hazard Index (Chronic or Acute); or ▪ Ambient PM2.5 increase of > 0.3 µg/m3 annual average
If risk exceeds the thresholds, measures such as requiring the use of Tier 4 and/or alternative fuel construction equipment shall be incorporated to reduce the risk to appropriate levels.

Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 16 Finding
The City finds that incorporation of Mitigation Measure AQ-3, which would require a HRA and related mitigation for projects with construction timelines greater than two months and within 1,000 feet of sensitive receptors, would reduce potential risk exposure to nearby sensitive receptors to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Biological Resources
Impact BIO-1
Implementation of Plan Orinda, including the Project, may result in impacts to special status plant and animal species directly or through habitat modifications. Impacts would be less than significant with mitigation.

MITIGATION MEASURE BIO-1 BIOLOGICAL RESOURCES SCREENING AND ASSESSMENT For projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5 that would require grading or vegetation trimming or removal, the project applicant shall hire a qualified biologist to perform a preliminary biological resources screening, for the City’s review and approval, to determine whether the project has the potential to impact special status biological resources, inclusive of special status plants and animals, sensitive vegetation communities, jurisdictional waters (including creeks, drainages, streams, ponds, vernal pools, riparian areas and other wetlands), critical habitat, wildlife movement area, or biological resources protected under local or regional ordinances or an existing HCP or NCCP. If it is determined that the project has no potential to impact biological resources, no further action is required.

If the project would have the potential to impact biological resources, prior to construction, a qualified biologist shall conduct a project-specific biological analysis to document the existing biological resources within a project footprint plus a minimum buffer of 50 feet around the project footprint, as is feasible, and to determine the potential impacts to those resources, as approved by the City. The project-specific biological analysis shall evaluate the potential for impacts to all biological resources including, but not limited to special status species, nesting birds, wildlife movement, sensitive plant communities, critical habitats, and other resources judged to be sensitive by local, State, and/or federal agencies. If the project would have the potential to impact these resources, mitigation measures BIO-2 through BIO-9 shall be incorporated and recommendations developed to enhance wildlife movement (e.g., installation of wildlife friendly fencing), as applicable, to reduce impacts to less than significant levels. Pending the results of the projectspecific biological analysis, City review, design alterations, further technical studies (e.g., protocol surveys) and consultations with the USFWS, NMFS, CDFW, and/or other local, State, and federal agencies may be required. Note that specific surveys described in the mitigation measures below may be completed as part of the project-specific biological analysis where suitable habitat is present.

MITIGATION MEASURE BIO-2 SPECIAL STATUS PLANT SPECIES
If the project-specific biological analysis, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, determines that there is potential for significant impacts to federally or State listed plants from project development, a qualified biologist shall complete surveys for special status plants prior Item F.5
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Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Findings of Fact/Statement of Overriding Considerations 17 to any vegetation removal, grubbing, or other construction activity (including staging and mobilization). The surveys shall be floristic in nature and shall be seasonally timed to coincide with the target species blooming season or identifiable period identified in the project-specific biological analysis. All special status plant species identified on site shall be mapped onto a site-specific aerial photograph or topographic map with the use of Global Positioning System (GPS) unit. Surveys shall be conducted in accordance with the most current protocols established by the CDFW, USFWS, and the local jurisdictions if said protocols exist. A report of the survey results shall be submitted to the City, and the CDFW and/or USFWS, as appropriate, for review and/or approval.

MITIGATION MEASURE BIO-3 SPECIAL STATUS PLANT SPECIES AVOIDANCE, MINIMIZATION, AND

MITIGATION
If federally and/or State listed or CRPR List 1B or 2 species are found during special status plant surveys (pursuant to Mitigation Measure BIO-2, for projects within Housing Element Sites HE-2, HE3, HE-4, and HE- 5), and listed species would be directly impacted, or there would be a populationlevel impact to non-listed species, then the project shall be re-designed to avoid impacting those plant species, Listed plant species occurrences that are not within the immediate disturbance footprint but are located within 50 feet of disturbance limits shall have bright orange protective fencing installed at least 30 feet beyond their extent, or other distance as approved by a qualified biologist and approved by the City, to protect them from harm.

MITIGATION MEASURE BIO-4 MITIGATION AND MONITORING PLAN If federally and/or State listed plants or non-listed special status plant populations cannot be avoided, within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, and will be impacted by development under Plan Orinda, all impacts shall be mitigated by project applicant at a minimum ratio of 1:1 with the final ratio to be determined by the City (in coordination with CDFW and USFWS as and if applicable) for each species as a component of habitat restoration. A qualified biologist shall prepare a mitigation and monitoring plan and submit it to the City for review and approval. (Note: if a federally and/or State listed plant species will be impacted, the plan shall be submitted to the USFWS and/or CDFW for review, and federal and/or State take authorization may be required by these agencies). The plan shall include, at a minimum, the following components:
▪ Description of the project/impact site (i.e., location, responsible parties, areas to be impacted by habitat type)
▪ Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be established, restored, enhanced, and/or preserved; specific functions and values of habitat type(s) to be established, restored, enhanced, and/or preserved]
▪ Description of the proposed compensatory mitigation site (location and size, ownership status, existing functions and values)
▪ Implementation plan for the compensatory mitigation site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan) ▪ Maintenance activities during the monitoring period, including weed removal as appropriate (activities, responsible parties, schedule)
▪ Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring for the first year (performance standards, target functions and values, target acreages to be established, restored, enhanced, and/or preserved, annual monitoring reports) Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 18 ▪ Success criteria based on the goals and measurable objectives; said criteria to be, at a minimum, at least 80 percent survival of container plants and 30 percent relative cover by vegetation type ▪ An adaptive management program and remedial measures to address any shortcomings in meeting success criteria
▪ Notification of completion of compensatory mitigation and agency confirmation ▪ Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism)
MITIGATION MEASURE BIO-5 LISTED SPECIES HABITAT ASSESSMENTS AND PROTOCOL

SURVEYS
If the results of the project-specific biological analysis, for projects within Housing Element sites HE2, HE-3, HE-4, and HE-5, determine that suitable habitat is present for any federally or State listed species, a qualified biologist shall complete protocol habitat assessments/surveys in accordance with CDFW and/or USFWS protocols prior to issuance of any construction permits. If through consultation with the CDFW and/or USFWS it is determined that protocol habitat assessments/surveys are not required, said consultation shall be documented prior to issuance of any construction permits. Each protocol has different survey and timing requirements. The project applicant shall be responsible for ensuring they understand the protocol requirements and shall hire a qualified biologist to conduct protocol surveys. A report of any habitat assessments or protocol surveys shall be submitted to the City for review and approval prior to the start of construction.

MITIGATION MEASURE BIO-6 LISTED SPECIES AVOIDANCE AND MINIMIZATION The following measures shall be applied to aquatic and/or terrestrial species as determined by the project-specific biological assessment, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5.
▪ Ground disturbance shall be limited to the minimum necessary to complete the project. The project limits of disturbance shall be flagged. Areas of special biological concern within or adjacent to the limits of disturbance shall have highly visible orange construction fencing installed between said area and the limits of disturbance. ▪ All projects occurring within/adjacent to aquatic habitats (including riparian habitats and wetlands) shall be completed between June 1 and October 15, to avoid impacts to sensitive aquatic species.
▪ All projects occurring within or adjacent to sensitive habitats that may support federally and/or State listed species shall have a CDFW-, NMFS-, and/or USFWS-approved biologist present during all initial ground disturbing/vegetation clearing activities. Once initial ground disturbing/vegetation clearing activities have been completed, said biologist shall conduct daily pre-activity clearance surveys for listed species. Alternatively, and upon approval of the CDFW, NMFS, and/or USFWS, said biologist may conduct site inspections at a minimum of once per week to ensure all prescribed avoidance and minimization measures are fully implemented. ▪ No listed species shall be captured and relocated without express permission from the CDFW, NMFS, and/or USFWS.
▪ If at any time during construction of the project an endangered/threatened species enters the construction site or otherwise may be impacted by the project, all project activities shall cease.

A CDFW-, NMFS-, and/or USFWS-approved biologist shall document the occurrence and consult Item F.5
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Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Findings of Fact/Statement of Overriding Considerations 19 with the CDFW, NMFS, and USFWS, as appropriate, to determine whether it was safe for project activities to resume.
▪ For all projects occurring in areas where listed species may be present and are at risk of entering the project site during construction, exclusion fencing shall be placed along the project boundaries prior to start of construction (including staging and mobilization). The placement of the fence shall be at the discretion of the CDFW-, NMFS-, and/or USFWS-approved biologist.

This fence shall consist of solid silt fencing placed at a minimum of 3 feet above grade and 2 feet below grade and shall be attached to wooden stakes placed at intervals of not more than 5 feet.

The fence shall be inspected weekly and following rain events and high wind events and shall be maintained in good working condition until all construction activities are complete. ▪ All vehicle maintenance/fueling/staging shall occur not less than 100 feet from any riparian habitat or water body. Suitable containment procedures shall be implemented to prevent spills.

A minimum of one spill kit shall be available at each work location near riparian habitat or water bodies.
▪ No equipment shall be permitted to enter wetted portions of any affected drainage channel. ▪ If project activities could degrade water quality, water quality sampling shall be implemented to identify the pre-project baseline, and to monitor during construction for comparison to the baseline.
▪ If water is to be diverted around work sites, a diversion plan shall be submitted (depending upon the species that may be present) to the CDFW, RWQCB, NMFS, and/or USFWS for their review and approval prior to the start of any construction activities (including staging and mobilization). If pumps are used, all intakes shall be completely screened with wire mesh not larger than five millimeters to prevent animals from entering the pump system. ▪ At the end of each workday, excavations shall be secured with cover or a ramp provided to prevent wildlife entrapment.
▪ All trenches, pipes, culverts or similar structures shall be inspected for animals prior to burying, capping, moving, or filling.
▪ The CDFW, NMFS-, and/or USFWS-approved biologist shall remove invasive aquatic species such as bullfrogs and crayfish from suitable aquatic habitat whenever observed and shall dispatch them in a humane manner and dispose of properly.
▪ Considering the potential for projects to impact federally and/or State listed species and their habitat, City shall contact the CDFW, NMFS, and/or USFWS to identify mitigation banks within the project service area during development under Plan Orinda. Upon implementation of development projects included in the General Plan Update, but on a project-by-project basis, if the results of the project-specific biological analysis determines that impacts to federally and/or State listed species habitat are expected, the applicant shall identify species-appropriate mitigation bank(s) servicing the region and purchase mitigation credits as feasible.

MITIGATION MEASURE BIO-7 NON-LISTED SPECIAL STATUS ANIMAL SPECIES AVOIDANCE AND

MINIMIZATION
The project-specific biological analysis, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, shall identify some or all of the following measures that will be required and applicable to the individual project:
▪ For non-listed special status terrestrial amphibians and reptiles, a qualified biologist shall complete coverboard surveys within three months of the start of construction. The coverboards Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 20 shall be at least 4 feet by 4 feet and constructed of untreated plywood placed flat on the ground. The coverboards shall be checked by a qualified biologist once per week for each week after placement up until the start of vegetation removal. All non-listed special status and common animals found under the coverboards shall be captured and placed in five-gallon buckets for transportation to relocation sites. All relocation sites shall be reviewed by the qualified biologist and shall consist of suitable habitat. Relocation sites shall be as close to the capture site as possible but far enough away to ensure the animal(s) is not harmed by construction of the project. Relocation shall occur on the same day as capture. CNDDB Field Survey Forms shall be submitted to the CFDW for all special status animal species observed. ▪ Prior to construction, a qualified biologist shall conduct a survey of existing buildings to determine if bats are present. The survey shall be conducted during the non-breeding season (November through March). The biologist shall have access to all structures and interior attics, as needed. If a colony of bats is found roosting in any structure, further surveys shall be conducted sufficient to determine the species present and the type of roost (day, night, maternity, etc.).
▪ If bats are roosting in the building during the daytime but are not part of an active maternity colony, then exclusion measures must include one-way valves that allow bats to get out but are designed so that the bats may not re-enter the structure. Maternal bat colonies shall not be disturbed.
▪ A qualified biologist shall complete pre-construction clearance surveys within 14 days of the start of construction (including staging and mobilization). The surveys shall cover the entire disturbance footprint plus a minimum 200-foot buffer, if feasible, and shall identify all special status animal species that may occur on-site. All non-listed special status species shall be relocated from the site either through direct capture or through passive exclusion. A report of the pre-construction survey shall be submitted to the City for their review and approval prior to the start of construction.
▪ The project-specific biological analysis, for projects within Housing Element Sites HE-2, HE-3, HE4, and HE-5, shall identify some or all of the following measures that will be required and applicable to the individual project:
▪ For non-listed special status terrestrial amphibians and reptiles, a qualified biologist shall complete coverboard surveys within three months of the start of construction. The coverboards shall be at least 4 feet by 4 feet and constructed of untreated plywood placed flat on the ground. The coverboards shall be checked by a qualified biologist once per week for each week after placement up until the start of vegetation removal. All non-listed special status and common animals found under the coverboards shall be captured and placed in five-gallon buckets for transportation to relocation sites. All relocation sites shall be reviewed by the qualified biologist and shall consist of suitable habitat. Relocation sites shall be as close to the capture site as possible but far enough away to ensure the animal(s) is not harmed by construction of the project. Relocation shall occur on the same day as capture. CNDDB Field Survey Forms shall be submitted to the CFDW for all special status animal species observed. ▪ Prior to construction, a qualified biologist shall conduct a survey of existing buildings to determine if bats are present. The survey shall be conducted during the non-breeding season (November through March). The biologist shall have access to all structures and interior attics, as needed. If a colony of bats is found roosting in any structure, further surveys shall be conducted sufficient to determine the species present and the type of roost (day, night, maternity, etc.).

Item F.5
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Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Findings of Fact/Statement of Overriding Considerations 21 ▪ If bats are roosting in the building during the daytime but are not part of an active maternity colony, then exclusion measures must include one-way valves that allow bats to get out but are designed so that the bats may not re-enter the structure. Maternal bat colonies shall not be disturbed.
▪ A qualified biologist shall complete pre-construction clearance surveys within 14 days of the start of construction (including staging and mobilization). The surveys shall cover the entire disturbance footprint plus a minimum 200-foot buffer, if feasible, and shall identify all special status animal species that may occur on-site. All non-listed special status species shall be relocated from the site either through direct capture or through passive exclusion. A report of the pre-construction survey shall be submitted to the City for their review and approval prior to the start of construction.

MITIGATION MEASURE BIO-8 PRE-CONSTRUCTION SURVEYS FOR NESTING BIRDS FOR

CONSTRUCTION OCCURRING WITHIN NESTING SEASON
For development facilitated by Plan Orinda, including the project, that requires the removal of trees or vegetation that may contain a nesting bird, construction activities shall occur outside of the nesting season wherever feasible (September 16 to January 31), and no mitigation activity will be required. If construction activities must occur during the nesting season (February 1 to September 15), a qualified biologist shall conduct surveys for nesting birds covered by the CFGC and MBTA no more than 14 days prior to vegetation removal. The surveys shall include the entire segment disturbance area plus a 200-foot buffer around the site. If active nests are located, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall be a minimum of 50 feet for non-raptor bird species and at least 150 feet for raptor species. Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and equipment until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting is completed, and young have fledged the nest prior to removal of the buffer. A report of these preconstruction nesting bird surveys shall be submitted to the City to document compliance within 30 days of its completion.

MITIGATION MEASURE BIO-9 WORKER ENVIRONMENTAL AWARENESS PROGRAM (WEAP) If potential impacts to special status species are identified in the project-specific biological analysis, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, prior to initiation of construction activities (including staging and mobilization), all personnel associated with project construction shall attend WEAP training, conducted by a qualified biologist, to aid workers in recognizing special status resources that may occur in the project site. The specifics of the WEAP shall include identification of the sensitive species and habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and mitigation measures required to reduce impacts to biological resources within the work area. A fact sheet conveying this information shall also be prepared for distribution to all contractors, their employers, and other personnel involved with construction of projects. All employees shall sign a form documenting provided by the trainer indicating they have attended the WEAP and understand the information presented to them. The form shall be submitted to the City to document compliance.

Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 22 MITIGATION MEASURE BIO-10 INVASIVE WEED PREVENTION AND MANAGEMENT PROGRAM For those projects where activity would occur within or adjacent to sensitive habitats, such as riparian habitat or sensitive vegetation communities, as determined by the project-specific biological analysis, for projects within Housing Element sites HE-2, HE-3, HE-4, and HE-5, prior to start of construction a qualified biologist shall develop an Invasive Weed Prevention and Management Program to prevent invasion of native habitat by non-native plant species. The Invasive Weed Prevention and Management Program shall be submitted to the City for review and approval. A list of target species shall be included, along with measures for early detection and eradication. All disturbed areas shall be hydroseeded with a mix of locally native species upon completion of work in those areas. In areas where construction is ongoing, hydroseeding shall occur where no construction activities have occurred within six weeks since ground disturbing activities ceased. If exotic species invade these areas prior to hydroseeding, weed removal shall occur in consultation with a qualified biologist and in accordance with the restoration plan. Landscape species shall not include noxious, invasive, and/or non-native plant species that are recognized on the Federal Noxious Weed List, California Noxious Weeds List, and/or California Invasive Plant Council Lists 1, 2, and 4.

Finding
The City finds that with incorporation of Mitigation Measures BIO-1 through BIO-10, which impose requirements on any future development proposed for the Project site to avoid or reduce impacts, the Project’s biological impacts would be reduced to less than significant. While most of these measures only apply to Housing Element Sites HE-2, HE-3, HE-4, and HE-5, Mitigation Measure BIO-8 would also apply to development of the Project site. Mitigation Measure BIO-8 would reduce the Project’s impacts by requiring pre-construction surveys for nesting birds. In addition, the Project site is currently developed with office space; there are no known or anticipated special status plant or animal species on site. Impacts to special status species would be mitigated to less than significant levels. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Impact BIO-2
Implementation of Plan Orinda, including the Project, may result in impacts to riparian habitat, sensitive natural communities, or designated critical habitat for Alameda whipsnake directly or through habitat modifications. Impacts would be significant but mitigable.

MITIGATION MEASURE BIO-11 SENSITIVE NATURAL COMMUNITY AND CRITICAL HABITAT

AVOIDANCE
If sensitive natural communities or critical habitat are identified at Housing Element Sites HE-2, HE-3, HE-4, or HE-5 through the Biological Resources Screening and Assessment required by Mitigation Measure BIO-1, they shall be avoided and the project shall be situated outside of critical habitats. A qualified biologist shall approve the installation of bright orange protective fencing at least 30 feet beyond the extent of the sensitive natural community during construction, or other distance the City, to protect them from harm.

Item F.5
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Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Findings of Fact/Statement of Overriding Considerations 23 MITIGATION MEASURE BIO-12 RESTORATION FOR IMPACTS TO SENSITIVE NATURAL

COMMUNITIES AND CRITICAL HABITAT
Impacts to sensitive natural communities, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, (including riparian areas that may qualify as waters of the State and/or waters of the U.S. under the jurisdiction[s] of the CDFW, RWQCB, and/or USACE) and critical habitat shall be mitigated onsite or through the funding for the acquisition and in-perpetuity management of similar habitat. The project applicant shall fund and manage off-site mitigation areas through purchase of credits from an existing, approved mitigation bank or land and placed into a conservation easement or other covenant restricting development (e.g., deed restriction). On-site mitigation, off-site mitigation, or in lieu funding sufficient to acquire and manage lands, if such a program were to be developed, shall provide habitat at a minimum ratio of 1:1 for impacted lands, comparable to habitat to be impacted by individual project activity.
▪ Restoration and Monitoring. If sensitive natural communities cannot be avoided and will be impacted by the project, the project applicant shall implement a compensatory mitigation program in accordance with Mitigation Measure BIO-4 and any additional measures set forth by the regulatory agencies during the permitting process (USACE, RWQCB, and/or CDFW for sensitive natural communities and USFWS and/or NMFS for critical habitat). The project applicant shall fully restore all temporary impacts to sensitive natural communities to their natural condition.
▪ Sudden Oak Death. A qualified biologist shall inspect all nursery plants used in restoration for sudden oak death. Nursery plants selected for restoration shall be purchased from a nursery that is in compliance with annual inspections under 7 CFR 301.92, et seq. for sudden oak death.

Vegetation debris shall be disposed of properly and vehicles and equipment shall be free of soil and vegetation debris before entering natural habitats. Pruning tools shall be sanitized.

Finding
The City finds that incorporation of Mitigation Measures BIO-11 and BIO-12, which would reduce impacts to sensitive natural communities and critical habitat by requiring biological resources studies for projects within Housing Element Sites HE-2, HE-3, HE-4, or HE-5, and implementation of further requirements described above would avoid or reduce impacts on a project-by-project basis.

If there are resource impacts, mitigation would be required by permitting agencies, which would result in impacts to sensitive natural communities and critical habitat being mitigated to less than significant levels. In addition, the Project site is currently developed with office space; there are no known riparian habitats or sensitive natural communities on site. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Impact BIO-3
Development facilitated by Plan Orinda, including the Project, could adversely impact state or federally protected wetlands during project construction and/or operation. Impacts would be significant but mitigable.

MITIGATION MEASURE BIO-13 JURISDICTIONAL DELINEATION
If potentially jurisdictional waters and/or wetlands are identified by the project-specific analysis, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, a qualified biologist shall complete a jurisdictional delineation to determine the extent of the jurisdictions for CDFW, USACE, Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 24 and/or RWQCB. This delineation shall be conducted in accordance with the requirements set forth by each agency. The result shall be a preliminary jurisdictional delineation report that shall be submitted to the City, USACE, RWQCB, and CDFW, as appropriate, for review and approval.

Jurisdictional areas shall be avoided. If jurisdictional areas are expected to be impacted, then the RWQCB would require a Waste Discharge Requirements (WDRs) permit and/or Section 401 Water Quality Certification (depending upon whether the feature falls under federal jurisdiction). If CDFW asserts its jurisdictional authority, then a Streambed Alteration Agreement pursuant to Section 1600 et seq. of the CFGC would also be required prior to construction within the areas of CDFW jurisdiction. If the USACE asserts its authority, then a permit pursuant to Section 404 of the CWA would likely be required. Furthermore, a compensatory mitigation program shall be implemented in accordance with Mitigation Measure BIO-4 and the measures set forth by the aforementioned regulatory agencies during the permitting process. Compensatory mitigations for all permanent impacts to waters of the U.S. and waters of the state shall be completed at a ratio as required in applicable permits but shall not be less than a minimum ratio of 1:1. All temporary impacts to waters of the U.S. and waters of the State shall be fully restored to natural condition. The project applicant shall submit the report documenting restoration activities and monitoring to the City for review and approval.

MITIGATION MEASURE BIO-14 GENERAL AVOIDANCE AND MINIMIZATION Potential jurisdictional features within any of the Housing Element Sites or DPP area identified in jurisdictional delineation reports shall be avoided. Projects that may impact jurisdictional features shall include a report detailing how all identified jurisdictional features will be avoided, including groundwater draw down. The project applicant shall submit this report to the City for review and approval prior to construction.
▪ Material/spoils generated from project activities shall be located away from jurisdictional areas or special-status habitat and protected from storm water run-off using temporary perimeter sediment barriers such as berms, silt fences, fiber rolls (non- monofilament), covers, sand/gravel bags, and straw bale barriers, as appropriate.
▪ Materials shall be stored on impervious surfaces or plastic ground covers to prevent any spills or leakage from contaminating the ground and generally at least 50 feet from the top of bank. ▪ Any spillage of material will be stopped if it can be done safely. The contaminated area will be cleaned, and any contaminated materials properly disposed. For all spills, the project foreman or designated environmental representative will be notified.

Finding
The City finds that with incorporation of Mitigation Measures BIO-13 and BIO-14, which impose requirements on any future development proposed for the Project site to avoid or reduce impacts, the Project’s biological impacts would be reduced to less than significant. While Mitigation Measure BIO-13 only applies to Housing Element Sites HE-2, HE-3, HE-4, and HE-5, Mitigation Measure BIO-14 would also apply to development of the Project site. Mitigation Measure BIO-14 would reduce the Project’s impacts by requiring general avoidance and minimization measures if potential jurisdictional features are present on the Project site. However, the Project site is currently developed with office space; there are no known wetlands on site. Impacts to wetlands would be mitigated to less than significant levels. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, Plan Orinda that avoid or substantially lessen the significant environmental effect to the extent feasible.

Item F.5
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Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Findings of Fact/Statement of Overriding Considerations 25 Impact BIO-4
Implementation of Plan Orinda, including the Project, may result in impacts to wildlife movement through habitat modifications. Impacts would be significant but mitigable.

Mitigation Measures BIO-1 through BIO-9 would be required.

Finding
The City finds that incorporation of Mitigation Measure BIO-1 and, as applicable, Measures BIO-2 through BIO-9, would reduce impacts to wildlife movement by requiring biological resources studies for projects within Housing Element Sites HE-3, HE-4 and HE-5, and additional mitigation if resources would be impacted. While most of these measures only apply to Housing Element Sites, Mitigation Measure BIO-8 would also apply to development of the Project site. Mitigation Measure BIO-8 would reduce the Project’s impacts by requiring pre-construction surveys for nesting birds. Impacts to wildlife movement would be mitigated to less than significant levels. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Cultural Resources
Impact CUL-1
Development facilitated by Plan Orinda, including the Project, may result in the alteration or demolition of historical resources. Potential impacts to historical resources would be less than significant with mitigation.

MITIGATION MEASURE CUL-1 BUILT ENVIRONMENT HISTORICAL RESOURCES For a project that involves a building or structure over 45 years of age, the project applicant shall hire a qualified professional to conduct a survey and evaluation of the structure(s) to determine their eligibility for recognition under State, federal, or local historic resource designation criteria.

The evaluation shall be prepared by an architectural historian or historical architect meeting the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation, Professional Qualification Standards (PQS) as defined in 36 CFR Part 61. All buildings and structures 45 years of age or older within the Plan Area shall be evaluated in their historic context and documented in a report meeting the State Office of Historic Preservation guidelines. All evaluated properties shall be documented on Department of Parks and Recreation Series 523 Forms. The report shall be submitted to the City for review and concurrence prior to project approval.

MITIGATION MEASURE CUL-2 TREATMENT OF HISTORICAL RESOURCES If historical resources are identified through the survey and evaluation, efforts shall be made to ensure that the relocation, rehabilitation, or alteration of the resource under the proposed project is consistent with the Secretary of the Interior’s Standards for the Treatments of Historic Properties (Standards). A report identifying and specifying the treatment of character-defining features and construction activities shall be provided, demonstrating how the project complies with the Standards and avoids the substantial adverse change in the significance of the historical resource as defined by CEQA Guidelines Section 15064.5(b). The report shall be prepared by an architectural historian or historical architect meeting the PQS as defined by 36 CF Part 61 and provided to the City for review and concurrence prior to project approval.

Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 26 Finding
The City finds that incorporation of Mitigation Measures CUL-1 and CUL-2 would reduce impacts on historical resources to a less-than-significant level by requiring evaluations for any proposed development on the Project site and the implementation of further requirements if historic resources are identified. Impacts to historical resources would be mitigated to less than significant levels. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Impact CUL-2
Development facilitated by Plan Orinda, including the Project, would have the potential to impact archaeological resources. Impacts would be less than significant with mitigation.

MITIGATION MEASURE CUL-3 ARCHAEOLOGICAL RESOURCES STUDY PROGRAM The project applicant shall hire a qualified professional to investigate the potential to disturb archaeological resources on a project site. If preliminary research suggests that cultural resources may exist, a Phase I cultural resources study shall be performed by a qualified professional meeting the Secretary of the Interior’s PQS for archaeology (NPS 1983). A Phase I cultural resources study shall include a pedestrian survey of the project site and sufficient background research and, as necessary, field sampling to determine whether archaeological resources may be present. Archival research shall include a records search at the NWIC and a Sacred Lands File (SLF) search with the Native American Heritage Commission (NAHC), and coordination with Native American tribes listed by the NAHC. The Phase I technical report documenting the study shall include recommendations to avoid or reduce impacts on archaeological resources (e.g., monitoring, extended Phase I, etc.). The City shall review and approve the Phase I technical report prior to implementation of recommendations. The project applicant shall implement the recommendations prior to issuance of building permits.

MITIGATION MEASURE CUL-4 UNANTICIPATED DISCOVERY OF CULTURAL RESOURCES In the event that archaeological resources are encountered during ground-disturbing activities, work within 60 feet of the find shall be halted and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archeology (NPS 1983) shall be contacted immediately to evaluate the find. If the find is prehistoric, then a Native American representative shall also be contacted to participate in the evaluation of the find. If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for CRHR eligibility. If the discovery proves to be eligible for the CRHR and cannot be avoided by the modified project, additional work, such as data recovery excavation, may be warranted to mitigate any significant impacts to historical resources. The City shall review and approve any treatment plan or modified project as applicable.

Finding
The Project changes the General Plan land use designation and zoning designation for the Project site and does not propose any development. That said, if any development is proposed in the future under the Project’s land use designation and zoning designation, the City finds that incorporation of Mitigation Measures CUL-3 and CUL-4 would reduce impacts on archaeological resources by requiring archaeological resource studies and the implementation of other requirements if archaeological resources are encountered. Impacts would be less than significant. Pursuant to CEQA Item F.5
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Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Findings of Fact/Statement of Overriding Considerations 27 Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Geology, Soils, and Mineral Resources
Impact GEO-6
Development facilitated by Plan Orinda, including the Project, has the potential to impact paleontological resources. Impacts would be less than significant with mitigation incorporated.

MITIGATION MEASURE GEO-1 PALEONTOLOGICAL RESOURCES IMPLEMENTATION PROGRAM The City of Orinda shall require avoidance and/or mitigation for potential impacts to paleontological resources for any development that occurs within high or undetermined sensitivity geologic units (Section 4.5, Geology and Soils, Table 4.5-2), whether they are mapped at the surface or occur in the subsurface. When paleontological resources are uncovered during site excavation, grading, or construction activities, work on the site will be suspended until the significance of the fossils can be determined by a qualified paleontologist. If significant resources are determined to exist, the paleontologist shall make recommendations for protection or recovery of the resource.

The City shall require the following for projects that could disturb geologic units with high paleontological sensitivity:
▪ Paleontological Resources Assessment (PRA). Prior to initial ground disturbance, the project applicant shall retain a Qualified Paleontologist to conduct a paleontological resources assessment (PRA). A qualified professional paleontologist is defined by the SVP (2010) standards as an individual preferably with an M.S. or Ph.D. in paleontology or geology who is experienced with paleontological procedures and techniques, who is knowledgeable in the geology of California, and who has worked as a paleontological mitigation project supervisor for at least two years. The PRA shall determine the age and paleontological sensitivity of geologic formations underlying the proposed disturbance area, consistent with SVP (2010) guidelines for categorizing paleontological sensitivity of geologic units within a project area. If underlying formations are found to have a high potential for paleontological resources, the Qualified Paleontologist shall create a Paleontological Mitigation and Monitoring Program, which will be approved by the City of Orinda and contain the following elements:
▪ Paleontological Worker Environmental Awareness Program (WEAP). Prior to the start of construction, the Qualified Paleontologist or their designee shall conduct a paleontological WEAP training for construction personnel regarding the appearance of fossils and the procedures for notifying paleontological staff should fossils be discovered by construction staff. ▪ Paleontological Monitoring. Full-time paleontological monitoring shall be conducted during ground disturbing construction activities (i.e., grading, trenching, foundation work) previously undisturbed sediments assigned a high paleontological sensitivity (Pleistocene alluvial fan and fluvial deposits, Mulholland Formation, Orinda Formation, Neroly Sandstone, Briones Sandstone, and Hambre Sandstone). Initial part-time monitoring (i.e., spot-checking) shall be conducted for all ground-disturbing activities that impact previously undisturbed Holocene units (i.e., Holocene alluvial fan and fluvial deposits) to check for the presence of older, higher sensitivity geologic units. If older sediments are observed at depth, then full-time monitoring shall be conducted. Paleontological monitoring shall be conducted by a qualified paleontological monitor, who is defined as an individual who has experience with collection and salvage of Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 28 paleontological resources and meets the minimum standards of the SVP (2010) for a Paleontological Resources Monitor. The duration and timing of the monitoring will be determined by the Qualified Paleontologist based on the observation of the geologic setting from initial ground disturbance, and subject to the review and approval by the City of Orinda. If the Qualified Paleontologist determines that full-time monitoring is no longer warranted, based on the specific geologic conditions once the full depth of excavations has been reached, they may recommend that monitoring be reduced to periodic spot-checking or ceased entirely.

Monitoring shall be reinstated if any new ground disturbances are required, and reduction or suspension shall be reconsidered by the Qualified Paleontologist at that time. In the event of a fossil discovery by the paleontological monitor or construction personnel, all work in the immediate vicinity of the find shall cease. A Qualified Paleontologist shall evaluate the find before restarting construction activity in the area. If it is determined that the fossil(s) is (are) scientifically significant, the Qualified Paleontologist shall complete the following conditions to mitigate impacts to significant fossil resources:
▪ Fossil Salvage. If fossils are discovered, the paleontological monitor shall have the authority to halt or temporarily divert construction equipment within 50 feet of the find until the monitor and/or lead paleontologist evaluate the discovery and determine if the fossil may be considered significant. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. Bulk matrix sampling may be necessary to recover small invertebrates or microvertebrates from within paleontologically sensitive deposits
▪ Fossil Preparation and Curation. Once salvaged, significant fossils shall be identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific institution with a permanent paleontological collection, along with all pertinent field notes, photos, data, and maps.
▪ Final Paleontological Mitigation Report. Upon completion of ground disturbing activity (and curation of fossils if necessary) the Qualified Paleontologist shall prepare a final report describing the results of the paleontological monitoring efforts associated with the project. The report shall include a summary of the field and laboratory methods, an overview of the project geology and paleontology, a list of taxa recovered (if any), an analysis of fossils recovered (if any) and their scientific significance, and recommendations. The report shall be submitted to the City of Orinda. If the monitoring efforts produced fossils, then a copy of the report shall also be submitted to the designated museum repository.

Finding
The Project changes the General Plan land use designation and zoning designation for the Project site and does not propose any development. If any development is proposed in the future under the Project’s land use designation and zoning designation, the City finds that incorporation of Mitigation Measure GEO-1 would reduce impacts on paleontological resources by requiring avoidance of high sensitivity geological units and a course of action if paleontological resources are uncovered during construction. Impacts to paleontological resources would be mitigated to less than significant levels.

Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Item F.5
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Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Findings of Fact/Statement of Overriding Considerations 29 Transportation
Impact TRA-3
Development facilitated by Plan Orinda, including the Project, may result in designs for on-site circulation, access, and parking areas that fail to meet industry standard design guidelines.

However, with project-specific transportation impact analysis guidelines implemented as mitigation, impacts would be less than significant.

MITIGATION MEASURE TRA-2 PREPARE TRANSPORTATION ANALYSIS (TA) GUIDELINES The City shall prepare TA guidelines to identify if a project will have a substantial adverse effect on on-site and/or off-site vehicular, bicycle, and pedestrian circulation and access to transit. At a minimum, the guidelines shall include appropriate references to design guidelines and standards such as Caltrans Highway Design Manual and NACTO guidelines. The TA guidelines shall include transportation operations and queueing analysis to ensure a project will not create potential adverse effects on driveways and the internal and external roadway network.

Finding
The City finds that with incorporation of Mitigation Measure TRA-2, impacts on on-site circulation, access and parking areas would be mitigated to a less than significant level. Mitigation would require a transportation analysis based on the City’s new guidelines to be completed for each development project proposed on the Project site prior to the permitting process. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, Plan Orinda that avoid or substantially lessen the significant environmental effect to the extent feasible.

Impact TRA-4
Development facilitated by Plan Orinda, including the Project, would not result in inadequate emergency access during operation of new or existing development. Construction could adversely affect emergency access; however, impacts related to construction would be reduced to a less than significant level with mitigation.

MITIGATION MEASURE TRA-3 CONSTRUCTION TRAFFIC GUIDELINES Prior to issuance of building permits for sites that accommodate development facilitated by Plan Orinda, the City shall adopt guidance prepared by a qualified transportation consultant for accommodating pedestrians, bicyclists, and transit in construction zones. This shall include providing sidewalk diversion or detour plans, bicycle accommodations, and bus stop relocation or closure plans.

Finding
The City finds that incorporation of Mitigation Measure TRA-3, which would ensure that pedestrians, bicyclists, and transit riders would be accommodated in construction zones for any future development proposed on the Project site to avoid obstruction of emergency access, impacts would be reduced to less than significant. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 30 Tribal Cultural Resources
Impact TCR-1
Development facilitated by Plan Orinda, including the Project, may involve grading and/or excavation, which have the potential to impact previously unidentified tribal cultural resources.

Impacts on tribal cultural resources would be less than significant with mitigation.

MITIGATION MEASURE TCR-1 AVOIDANCE OF TRIBAL CULTURAL RESOURCES When feasible, development facilitated by the project shall be designed to avoid known tribal cultural resources. Any tribal cultural resource within 60 feet of planned construction activities shall be fenced off to ensure avoidance. The feasibility of avoidance of tribal cultural resources shall be determined by the City and applicant in consultation with local California Native American tribe(s).

MITIGATION MEASURE TCR-2 TRIBAL CULTURAL RESOURCE PLAN
A Tribal Cultural Resources Plan shall be required for development occurring in areas identified as potentially sensitive for tribal cultural resources during consultation with local California Native American tribe(s) during AB 52 consultation if required for the project. Prior to any development facilitated by the project that would include ground disturbance, the project applicant or its consultant, shall prepare a tribal cultural resources treatment plan to be implemented in the event an unanticipated archaeological resource that may be considered a tribal cultural resource is identified during construction. The plan shall include any necessary monitoring requirements, suspension of all earth-disturbing work in the vicinity of the find, avoidance of the resource or, if avoidance of the resource is infeasible, the plan shall outline the appropriate treatment of the resource in coordination with the local Native Americans and, if applicable, a qualified archaeologist. Examples of appropriate treatment for tribal cultural resources include, but are not limited to, protecting the cultural character and integrity of the resource, protecting traditional use of the resource, protecting the confidentiality of the resource, or heritage recovery. The plan shall be reviewed and approved by the City and the appropriate local California Native American tribe(s) to confirm compliance with this measure prior to construction.

MITIGATION MEASURE TCR-3 NATIVE AMERICAN MONITORING
For development occurring in areas identified as potentially sensitive for tribal cultural resources through consultation with local California Native American tribe(s), the project applicant shall retain a locally affiliated Native American monitor to observe all ground disturbance, including archaeological excavation, associated with development facilitated by the project. Monitoring methods and requirements shall be outlined in a tribal cultural resources treatment plan prepared under Mitigation Measure TCR-2. In the event of a discovery of tribal cultural resources, the steps identified in the tribal cultural resources plan prepared under Mitigation Measure TCR-2 shall be implemented.

Finding
The City finds that incorporation of Mitigation Measures TCR-1 through TCR-3 would reduce potential impacts to tribal cultural resources from development facilitated by the Project to less than significant levels by requiring avoidance, treatment plans, and monitoring in areas identified as sensitive for tribal cultural resources. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or Item F.5
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Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Findings of Fact/Statement of Overriding Considerations 31 alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Utilities
Impact UTIL-1
Development facilitated by Plan Orinda, including the Project, may require the relocation or construction of new or expanded water, wastewater treatment, stormwater drainage, electric power, natural gas, and telecommunications facilities within the city. Mitigation measures identified throughout the EIR, including mitigation measures related to biological resources, cultural resources, and geology and soils, would be implemented to minimize impacts related to grounddisturbing activities associated with potential infrastructure construction.

Finding
The City finds that with incorporation of Mitigation Measures identified throughout the EIR, impacts would be less than significant, as discussed throughout Section 4, Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 32 5 Topical Areas Determined to have
Significant and Unavoidable Impacts
Hazards and Hazardous Materials
Impact HAZ-6
Implementation of Plan Orinda, including the Project, could expose people or structures to a significant risk from wildland fires because the plan area includes sites in or near moderate, high, and very high FHSZs. Wildfire risks could be significant.

Mitigation Measures WFR-1 through WFR-14 would be required (see Wildfire below).

FINDING
The Project would allow new, higher density residential and mixed use development at the Project site, which is located within a Moderate Fire Hazard Severity Zone (FHSZ). The City finds that, with incorporation of Mitigation Measures WFR-1 through WFR-14, the risk of loss of structures and the risk of injury or death due to wildfires would be reduced by ensuring coordination with federal, state, and local agencies for emergency response and evacuation; providing guidance for implementation of new evacuation and safety programs; requiring minimization of site wildfire hazards through preparation of project-specific fire protection plans and maintenance of defensible space; pursuing funding for roadway and other improvements; and enforcing state and local fire regulations. However, it is possible that mitigation measures would not fully prevent a significant risk of wildfires or fully protect people and structures from the risks of wildfires in all cases. Thus, this impact would remain significant and unavoidable. No additional mitigation measures to reduce this impact to less than significant levels are feasible. This impact would be significant and unavoidable.

Noise
Impact NOI-1
Development facilitated by Plan Orinda, including the Project, would introduce new on-site operational noise sources associated with residential and mixed use development and would contribute to increases in traffic noise. The continued regulation of on-site noise under the Orinda Municipal Code would minimize disturbance to adjacent land uses, and traffic noise increases would not exceed significance thresholds; therefore, operational noise impacts would be less than significant. Construction of individual projects facilitated by Plan Orinda, including the Project, would temporarily increase noise levels, potentially affecting nearby noise-sensitive land uses.

Provisions in the Orinda Municipal Code would limit construction noise disturbance to the extent feasible. However, construction noise may still exceed noise standards and impacts would be significant and unavoidable.

MITIGATION MEASURE NOI-1 CONSTRUCTION NOISE REDUCTION MEASURES For development projects involving construction within 50 feet of sensitive receivers, the applicant shall develop a site specific Construction Noise Reduction Program prepared by a qualified Item F.5
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Topical Areas Determined to have Significant and Unavoidable Impacts Findings of Fact/Statement of Overriding Considerations 33 acoustical consultant to reduce construction noise impacts to the maximum extent feasible, subject to review and approval of the Planning Director and in advance of issuance of building permits. The following measures to minimize exposure to construction noise shall be included:

1. Mufflers. During excavation and grading construction phases, all construction equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers consistent with manufacturers’ standards.

2. Air compressors. Utilize “quiet” models of air compressors and other stationary noise sources to the greatest extent practicable. Select hydraulically or electrically powered equipment and avoid pneumatically powered equipment where feasible.

3. Pile driving. If pile driving is required, pre-drill foundation pile holes to minimize the number of impacts required to seat the pile. Examine whether the use of sonic pile driving is feasible and quieter. If so, utilize that method.

4. Stationary Equipment. All stationary construction equipment shall be placed so that emitted noise is directed away from the nearest sensitive receivers. Construct temporary noise barriers or partial enclosures to acoustically shield such equipment to the maximum extent feasible.

5. Equipment Staging Areas. Equipment staging shall be located in areas that will create the greatest distance feasible between construction-related noise sources and noise-sensitive receivers.

6. Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels.

Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.

7. Perimeter Noise Reduction. Construct solid plywood fences around construction sites adjacent to operational business, residences or other noise-sensitive land uses where the noise control plan analysis determines that a barrier would be effective at reducing noise.

8. Signage. For the duration of construction, the applicant or contractor shall post a sign in a construction zone that includes contact information for any individual who desires to file a noise complaint.

Finding
The City finds that implementation of Orinda Municipal Code requirements and Mitigation Measure NOI-1 would reduce construction noise from development projects facilitated by the Project.

However, implementation of Mitigation Measure NOI-1 would not ensure that construction noise impacts would be reduced to below Federal Transit Administration (FTA) construction noise limits or would not result in a substantial increase over ambient noise levels. Therefore, impacts would remain significant and unavoidable.

Impact NOI-2
Operation of residential and mixed uses facilitated by Plan Orinda, including the Project, would not result in substantial vibration or ground-borne noise. However, construction facilitated by Plan Orinda, including the Project, could temporarily generate ground-borne vibration during construction, particularly through pile driving, potentially affecting nearby land uses. Mitigation measures could not ensure that impacts would be reduced to less than significant. Therefore, impacts would be significant and unavoidable.

Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 34 MITIGATION MEASURE NOI-2 VIBRATION CONTROL PLAN
For projects involving pile drivers, the applicant shall prepare a Vibration Control Plan prior to the commencement of construction activities. The Vibration Control Plan shall be prepared by a licensed structural engineer and shall include methods to minimize vibration, including, but not limited to:
▪ Use of drilled piles or similar method (e.g., cast-in-place systems) rather than pile driving ▪ Use of resonance-free vibratory pile drivers
▪ Avoiding the use of vibrating equipment when allowed by best engineering practices The Vibration Control Plan shall include a pre-construction survey letter establishing baseline conditions of buildings within a 50-foot radius as well as at potentially affected extremely fragile buildings/historical resources and/or residential structures within the vicinity of the construction site. The condition of existing potentially affected properties shall be documented by photos and description of existing condition of building facades, noting existing cracks. The survey letter shall provide a shoring design to protect such buildings and structures from potential damage. At the conclusion of vibration causing activities, the qualified structural engineer hired by the applicant shall issue a follow-up letter describing damage, if any, to impacted buildings. The letter shall include recommendations for repair, as may be necessary, in conformance with the Secretary of the Interior Standards. Repairs shall be undertaken and completed by the contractor and monitored by a qualified structural engineer in conformance with all applicable codes including the California Historical Building Code (Part 8 of Title 24).

A Statement of Compliance signed by the applicant and owner is required to be submitted to the City Building Department at plan check and prior to the issuance of any permit. The Vibration Control Plan, prepared as outlined above, shall be documented by a qualified structural engineer, and shall be provided to the City upon request. A Preservation Director shall be designated and this person’s contact information shall be posted in a location near the project site so that it is clearly visible to the nearby receivers most likely to be disturbed. The Director will manage complaints and concerns resulting from activities that cause vibrations. The severity of the vibration concern should be assessed by the Director, and if necessary, evaluated by a qualified noise and vibration control consultant.

Finding
The City finds that impacts associated with vibration from pile driving would be reduced to the greatest extent feasible, including avoidance of damaging an historic or cultural resources, through implementation of Mitigation Measure NOI-2. Still, impacts related to vibration may remain above distinctly perceptible levels even with implementation of a vibration control plan and would be significant and unavoidable.

Transportation
Impact TRA-2
Development facilitated by Plan Orinda, including the Project, would generate home-based VMT per capita that would be less than 85 percent of the countywide average home-based VMT per resident.

However, it is possible that development facilitated by Plan Orinda, including the Project, would not be screened out of further project-specific VMT analysis and may exceed the VMT criteria. Even with mitigation, impacts would be significant and unavoidable.

Item F.5
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Topical Areas Determined to have Significant and Unavoidable Impacts Findings of Fact/Statement of Overriding Considerations 35 MITIGATION MEASURE TRA-1 IMPLEMENT VMT REDUCTION MEASURES Individual housing project development proposals that do not screen out from VMT impact analysis shall provide a quantitative VMT analysis using the methods applied in this EIR, with modifications if appropriate, based on future changes to City of Orinda practices and CCTA VMT analysis methodology guidelines. The City shall require travel demand management measures and physical measures to reduce VMT for projects that result in a significant impact. These shall include, but not be limited to, the measures below, which have been identified as being potentially VMT reducing in the California Air Pollution Control Officers Association (CAPCOA) Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (December 2021). Potential VMT reduction estimates are included below, but detailed requirements, calculation steps, and limitations are described in the CAPCOA Handbook.

In addition, application of one or more measures shall be generally expected to result in a net VMT reduction of 10 percent or less for development projects in suburban settings such as Orinda. • Unbundle parking costs (i.e., sell or lease parking separately from the housing unit).

Effectiveness: up to 15.7 percent reduction in GHG from VMT per the CAPCOA Handbook. • Provide car-sharing, bike sharing, or scooter sharing programs. Effectiveness: 0.15 – 0.18 percent reduction in GHG from VMT for car share, 0.02 – 0.06 percent for bike share, and

0.07 percent for scooter share, pursuant to the CAPCOA Handbook. The higher car share and bike share values are for electric car and bike share programs. • Subsidize transit passes for residents of affordable housing. Effectiveness: up to 5.5 percent reduction in GHG from VMT pursuant to the CAPCOA Handbook.

In addition to the on-site measures noted above, individual housing projects that are above the VMT threshold could potentially contribute to future VMT mitigation fee programs, banks, or exchanges.

No regional VMT mitigation programs currently exist; however, the CCTA is currently evaluating different mitigation program frameworks which may lead to a countywide or sub-regional VMT mitigation program. Should such a program be implemented, development projects could potentially pay into a fee program or purchase mitigation credits to achieve needed VMT mitigation instead of, or in addition to, on-site TDM measures.

Finding
The City finds that with incorporation of Mitigation Measure TRA-1, impacts to VMT would be reduced to the maximum extent feasible by unbundling parking, providing car sharing, and subsidizing transit passes. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect the extent feasible. However, this impact would be significant and unavoidable.

Wildfire
Impact WFR-1b
Development facilitated by Plan Orinda, including the Project, would be in and near a Wildland Urban Interface (WUI) or Very High FHSZ. By adding additional residents to already constrained evacuation routes, Plan Orinda, including the Project, would substantially increase evacuation constraints. This conclusion is supported by the additional evacuation constraint analysis performed Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 36 by PlaceWorks and attached as Attachment 1 to the Response to Comments document in the Revised Final EIR. While implementation of Safety Element policies and Mitigation WFR-1 and WFR4 through WFR-14 would help reduce this impact, the impact would remain significant and unavoidable.

MITIGATION MEASURE WFR-1 DEVELOP WILDFIRE HAZARD ASSESSMENT AND PLAN AND SITES

SUBJECT TO SHELTER-IN-PLACE GUIDELINES
The City shall require the following measures prior to approval of projects on any new development at the Housing Element Sites or in the DPP:

1. A Wildfire Hazard Assessment and Plan shall be developed for the project site.

2. Shelter-in-place design guidelines shall be required for project site development. Guidelines include the following:
▪ Well-maintained, fire district approved landscape and vegetation management plan ▪ Adequate roadway and driveway widths, designed to accommodate two-way traffic and large firefighting apparatus
▪ Adequate water supply and water flow for firefighting efforts ▪ Vegetation modification zones surrounding the community ▪ Homes in the community are built with heavy timber; ignition-resistant eaves; residential fire sprinklers; a Class A, ignition-resistant roof; dual pane (one being tempered) glass windows; and chimneys with spark arrestors containing a minimum of 0.5-inch screen

3. Hazard Assessment and Plan and site design applying shelter-in-place guidelines must be approved by MOFD.

MITIGATION MEASURE WFR-4 TRANSPARENCY AND TRACKING FOR WILDFIRE EVACUATION

IMPROVEMENT MEASURES
The City shall publish a spreadsheet listing: wildfire evacuation mitigation measures that have been adopted, Safety Element policies regarding wildfire evacuation, and the recommendations related to wildfire evacuation contained in the Evacuation Analysis and/or Supplemental Evacuation Analysis. This spreadsheet shall indicate the department(s) and individual(s) responsible for implementing each, any relevant deadlines for implementation, status of implementation, any known impediments to implementation (e.g., lack of funding), and proposed next steps. This spreadsheet shall be updated and made available on the City’s website.

MITIGATION MEASURE WFR-5 REGULAR SSTOC UPDATES ON WILDFIRE EVACUATION

IMPROVEMENT MEASURES
For the duration of the 2023-2031 Housing Element cycle, the City’s Supplemental Sales Tax Oversight Commission3 (SSTOC) shall receive regular updates from City staff, including the City Manager, City Engineer, and the Education and Outreach Coordinator, on the City’s progress with regard to the items included in the spreadsheet described in WFR-4. City staff shall also provide the SSTOC with information and analysis regarding projects that are or may be included in the City’s Capital Improvement Plan (CIP) to improve wildfire evacuation. The CIP shall include information regarding the relative importance and priority of such projects. 3 The SSTOC was established by the City Council of the City of Orinda by resolution on December 15, 2020. The full Resolution is provided here: https://www.cityoforinda.org/DocumentCenter/View/4762/SSTOC-Bylaws?bidId= Item F.5
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Topical Areas Determined to have Significant and Unavoidable Impacts Findings of Fact/Statement of Overriding Considerations 37 MITIGATION MEASURE WFR-6 PURSUIT OF GRANT FUNDING FOR PEDESTRIAN, BIKE, AND

EMERGENCY VEHICULAR IMPROVEMENTS BETWEEN MORAGA AND ORINDA BART The City shall continue to pursue grant funding for a pedestrian and bike connection from Moraga to Orinda BART that could also be used for emergency vehicular access in the event of a wildfire or other emergency.

MITIGATION MEASURE WFR-7 PURSUIT OF GRANT FUNDING FOR PEDESTRIAN AND BIKE

IMPROVEMENTS BETWEEN DOWNTOWN ORINDA AND WILDER
The City shall continue to pursue grant funding for a pedestrian and bike connection from Wilder to Downtown Orinda along SR-24 that could potentially be used in the event of a wildfire or other emergency.

MITIGATION MEASURE WFR-8 REGULAR CITY COUNCIL UPDATES ON WILDFIRE EVACUATION

IMPROVEMENT MEASURES
At least annually for the duration of the 2023-2031 Housing Element cycle, City staff shall provide the City Council with an update at a public meeting on the City’s progress with regard to the items included in the spreadsheet described in WFR-4.

MITIGATION MEASURE WFR-9 PURSUIT OF DEVELOPMENT IMPACT FEES TO IMPROVE WILDFIRE

EVACUATION
During the next update to the Lamorinda Fee and Finance Authority’s mitigation fee program, which is expected to commence in 2025 with an updated nexus study, City staff shall work with fellow member municipalities Lafayette and Moraga to pursue collection of appropriate development impact fees to help fund potential transportation system improvements to address the impact of potential new development on emergency evacuation.

MITIGATION MEASURE WFR-10 COORDINATION WITH MOFD
For the duration of the 2023-2031 Housing Element cycle, the City Manager and/or their designee(s) shall continue to meet with MOFD staff at least two times a year to coordinate emergency evacuation issues. Items for future discussion would include the following:

1. Possible use of EVA routes by the public for evacuation

2. Possible improvements to EVA routes, including the EVAs connecting Brookside Road with Boeger Ranch Road, Edgewood Road with Wilder Road, and El Toyonal with Wildcat Canyon Road and potential funding sources

3. Any concerns MOFD may have regarding emergency vehicle use of City roadways MITIGATION MEASURE WFR-11 ENHANCED CITY STAFFING FOR ISSUES RELATED TO

WILDFIRE
For the duration of the 2023-2031 Housing Element cycle, the City shall maintain the equivalent of a full-time staff person whose primary responsibility is to work with key stakeholders inside and outside of the City (including but not limited to residents, businesses, Moraga-Orinda Fire District, Orinda Police Department, Contra Costa County Fire Protection District, City of Lafayette, Town of Moraga, Contra Costa Office of Emergency Services, East Bay Municipal Utility District, East Bay Regional Park District) on wildfire-related risk reduction, wildfire evacuation planning, disaster Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 38 preparedness training, evacuation capacity expansion/maintenance, and emergency response capability.

MITIGATION MEASURE WFR-12 ENHANCED CITY EVACUATION PLANNING AND EDUCATION At least annually for the duration of the 2023-2031 Housing Element cycle, the City Manager or their designee shall review and update as needed the City’s plans for emergency evacuation, including public education regarding resources the public should use in case of emergency to determine when, where, and how to evacuate.

MITIGATION MEASURE WFR-13 UPDATE TO CITY WILDFIRE EVACUATION PLAN By February 1, 2026, the City shall prepare a Wildfire Evacuation Plan to update and expand the 2018 Annex included with the City’s Emergency Operations Plan.

MITIGATION MEASURE WFR-14 USE OF EMERGING TECHNOLOGY TO STUDY EVACUATION The City will explore and employ as appropriate state-of-the-art options, technologies, and approaches prior to undertaking the next Safety Element update mandated by the state. With significant advancements currently being made in the fields of data collection, analysis, artificial intelligence (AI) and geographic information system (GIS) technologies, more robust and reliable evacuation modeling tools are expected to become available soon. Although some of these tools are already becoming available, there are reliability concerns due to the rapid advancement of technology in this field in a very short time.

Finding
The City finds that with implementation of Mitigation Measure WFR-1 and WFR-4 through WFR-14, congestion induced from additional residents at 23 Altarinda Road during an evacuation may be reduced, since more new housing would be built in a way that would allow residents to shelter in place rather than evacuate during a fire. Additionally, development of a project-specific Wildfire Hazard Assessment and Plan would help identify wildfire hazards of a given site and provide additional risk minimization measures. However, Mitigation Measure WFR-1 would not ensure that residents actually shelter in place during a fire, nor is sheltering in place always advisable. Further implementation of the Safety Element Update policies, including the measures recommended in the Environmental Assessment (EA)/Strategic Environmental Assessment (SEA), and Mitigation Measures WFR-4 through WFR-14 would also reduce evacuation constraints by ensuring coordination with federal, state, and local agencies for emergency response and evacuation; providing guidance for implementation of new evacuation and safety programs; requiring minimization of site wildfire hazards through preparation of project-specific fire protection plans and maintenance of defensible space; pursuing funding for roadway and other improvements; and enforcing state and local fire regulations. However, many of the Safety Element Update policies and Mitigation Measures WFR-4 through WFR-14 depend on cooperation of other agencies or substantial funding, which the City does not currently have and cannot guarantee. Those measures that are within the City’s control and budget—including WFR-4, -5, -8, -11, -12, and -13—involve improving transparency and information sharing with the City Council, commissions, and the public, and updating the City’s evacuation plans. These measures alone are insufficient to reduce the impacts of Plan Orinda, including the Project, to less than significant. As a result, it is not possible to ensure that Plan Orinda, including the Project, would not substantially increase evacuation constraints, despite implementation of mitigation and adopted policies. Even with the mitigation Item F.5
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Topical Areas Determined to have Significant and Unavoidable Impacts Findings of Fact/Statement of Overriding Considerations 39 measures and Safety Element policies adopted by the City, this impact would remain significant and unavoidable. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible. However, this impact would be significant and unavoidable.

As part of its implementation of Mitigation Measure WFR-14 (USE OF EMERGING TECHNOLOGY TO STUDY EVACUATION), the City is currently using wildfire evacuation modeling software through a contract with Ladris. City staff have been using the Ladris software’s capability to model numerous wildfire evacuation scenarios based on a range of assumptions and inputs (e.g., wildfire location, weather, vegetation, and the location/extent of potential future development in Orinda). City staff have also made use of the Ladris “Public Edition Software” to share evacuation scenario modeling, inputs, and assumptions publicly via the Orindaready.com portal, so residents can learn more about the potential timing and challenges of evacuation during a wildfire event. For example, City staff used Ladris to evaluate how potential future development at 23 Altarinda might affect evacuation and shared the results with the Council and public. The results do not point to any clear or meaningful changes in evacuation time (positive or negative) resulting from potential future development at 23 Altarinda. The results also underscore the importance of evacuating promptly.

MITIGATION MEASURE WFR-2 CONSTRUCTION WILDFIRE RISK REDUCTION The City shall require the following measures during project construction:

Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 40 If the project site is within a known landslide area (see Figure 4.5-2 in Section 4.5, Geology and Soils), the site shall be subject to geotechnical review regarding potential post-fire slope instability.

Structural engineering features incorporated into the design of the structure to reduce the risk of damage to the structure from post-fire slope instability shall be recommended by a qualified engineer and approved by the City prior to the building permit approval.

Finding
The Project site is located within a Moderate FHSZ. The City finds that with implementation of Mitigation Measures WFR-2 and WFR-3, the risk of loss of structures and the risk of injury or death due to wildfires would be reduced. These measures would make structures in any future development proposed for the Project site more fire resistant and less vulnerable to loss in the event of a wildfire. These measures would also reduce the potential for construction to inadvertently ignite a wildfire. However, it is not possible to prevent a significant risk of wildfires or fully protect people and structures from the risks of wildfires, despite implementation of mitigation.

Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect to the extent feasible. However, this impact would be significant and unavoidable.

5.1 Cumulative Impacts
The City finds that the Project, in conjunction with other foreseeable projects, would result in cumulatively considerable impacts.

With the exception of the unavoidable impacts to wildfire hazards, construction noise, construction vibration, VMT per capita, and development in the WUI and FHSZs, the Project would have no impact, a less than significant impact, or a less than significant impact after mitigation with respect to all environmental issues.

As discussed in Section 4.14 Wildfire of the EIR, much of Orinda is located in the Very High FHSZs and/or is designated as a WUI. Most of the unincorporated county is designated as an State Responsibility Area (SRA). Within the geographic scope for this cumulative analysis (all of Contra Costa County), wildfire-related impacts could be significant if development is in rural or high fire hazard areas that could exacerbate risks. Cumulative development throughout Contra Costa County would increase the density of development in urban areas and within designated urban service areas, which would increase the number of residents in designated WUI and FHSZs, potentially exacerbating wildfire risks or impairing adopted emergency response plans or emergency evacuation plans. All new development and infrastructure would be subject to the policies and requirements outlined in local Safety Element and emergency plans (as described in Impact WFR-1a and WFR-1b), as well as statewide standards for fire safety in the California Fire Code, as described in Impact WFR-2. However, existing plans, codes, and regulations cannot fully prevent wildfires from damaging structures or populations, and cumulative wildfire impacts would be significant.

As described in Impact WFR-1b, Plan Orinda, including the Project, would result in significant and unavoidable impacts related to emergency evacuation constraints. While mitigation and City actions are provided to reduce this impact, this impact would remain significant and unavoidable, as the residential development anticipated under the Project would make a cumulatively considerable contribution to residential development more generally in the region, and together this development would substantially increase evacuation constraints on the region’s already Item F.5
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Topical Areas Determined to have Significant and Unavoidable Impacts Findings of Fact/Statement of Overriding Considerations 41 constrained evacuation routes. Therefore, the Project would have a cumulatively considerable contribution to a significant cumulative impact related to evacuation.

As described in Impact WFR-2, of Plan Orinda, including the Project, would result in significant and unavoidable impacts related to the exposure of people to wildfire risks. While mitigation is provided, it is not possible to prevent a significant risk of wildfires or fully protect people and structures from the risks of wildfires. Therefore, the Project would have a cumulatively considerable contribution to a significant cumulative impact regarding wildfires.

Plan Orinda, including the Project would result in substantial long-term environmental impacts and, therefore, would contribute to cumulative environmental changes that may occur due to planned and pending development. Potential impacts of the Project would be cumulatively considerable.

Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 42 6 Feasibility of Project Alternatives
CEQA requires that an EIR include an analysis of a reasonable range of feasible alternatives to a project capable of avoiding or substantially lessening any significant adverse environmental impact associated with the project. The discussion of alternatives is required to include the “No Project” alternative. The EIR’s discussion of alternatives can be found in Section 6 of the Draft EIR and PREIR and is summarized here. The EIR’s analysis of alternatives was challenged in litigation that is now resolved. No legal challenge was filed following the City’s March 18, 2025 certification of the Revised Final EIR.

6.3 Alternative 3: No DPP
Alternative 3 analyzed all of the identified Housing Element Sites (HE-1 through HE-5) along with the two BART sites (BART-A and BART-B). Although the number of dwelling units would have increased under this alternative compared to Plan Orinda as proposed, Alternative 3 would have excluded all Item F.5
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Feasibility of Project Alternatives
Findings of Fact/Statement of Overriding Considerations 43 of the “DPP sites” identified for future housing, including the site at 23 Altarinda, and thus would have involved development on fewer sites throughout the City.

Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 44 7 Statement of Overriding Considerations
CEQA requires the decision-making agency to balance the benefits of a project against its significant unavoidable impacts. If the benefits of the project outweigh its unavoidable adverse environmental effects, those effects may be considered acceptable (CEQA Guidelines Section 15093(a)). CEQA requires the agency to state, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (CEQA Guidelines Section 15093(b)). Plan Orinda, including the Project, could result in significant unavoidable impacts related to hazards and hazardous materials, transportation, noise, and wildfire even after incorporation of feasible mitigation measures. These significant unavoidable impacts are identified and discussed in Section 5 of these Findings.

The Writ allowed, but did not require, the City to re-approve the DPP component of Plan Orinda.

The City finds that each of the benefits set forth below in this Statement constitute a separate and independent ground for finding that the benefits of the 23 Altarinda Road Project outweigh the risks of potential significant adverse environmental impacts. The benefits of the 23 Altarinda Road Project are as follows:
▪ The Project will enable the development of multi-family housing units, which tend to be a smaller, more affordable housing type than single family residential. The City currently has very little multi-family housing, but it is a type of housing for which there is a great deal of unmet demand in Orinda. The Housing Element notes that 95.3% of Orinda’s housing stock in 2021 was single family homes, while only 4.5% were multi-family units. The City has received input from many residents who would like to “downsize” from their single family homes while staying in the community. Similarly, the City has received input that for younger households seeking to enter the expensive Orinda housing market, multifamily units could be a viable option, if more were available. The City can help make this possible by allowing development of more multifamily housing as proposed by the Project. A variety of housing types at different affordability levels will diversify the City’s housing stock, which is desired by the community and will contribute toward alleviating a shortage of housing in Orinda and the region. These conclusions are supported by the extensive public outreach process the City undertook in developing Plan Orinda, including the hosting of a series of community workshops, online forums, stakeholder interviews, and Planning Commission/City Council study sessions.

Item F.5
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Statement of Overriding Considerations
Findings of Fact/Statement of Overriding Considerations 45 ▪ The Project will encourage the development of housing with access to transit, jobs, services, and community benefits and will enable residents to live in closer proximity to many community amenities. The Project site is adjacent to existing residential developments (Orindawoods and Orinda Grove) and also within walking distance, or a short bike ride, of the BART station, a grocery store, the downtown, and city parks. Development of housing in proximity to such amenities supports the City’s active transportation goals, including as referenced in the City’s ConnectOrinda Plan and the Bike, Trails and Walkways Master Plan. ▪ Approving the Project will help demonstrate that the City is “open for business” and welcomes appropriate redevelopment of its Downtown, which includes a number of vacant and underutilized properties and has long suffered from a lack of private investment/development.

According to the findings of the Urban Land Institute’s 2017 Downtown Orinda Technical Assistance Panel, building height limits and low density requirements in downtown have made some forms of development economically challenging. Other contributing factors include longtime property owners that are not incentivized to intensify or redevelop their properties with new or different uses.
▪ The Project will contribute to local tax revenues. In the 2025-2026 tax year, the assessed value for property tax purposes was approximately $1.1 Million. That number would be much higher following redevelopment with the Project as the value of 15+ new residential units would be substantially higher than the current value of the approximately 4,600 square foot commercial building. Even at a conservative average valuation of $500,000 per unit, redevelopment of the site would result in a new property valuation of $7.5 million. ▪ The Project will contribute to local job creation and economic vitality, especially during construction.
▪ The Project would allow for potential residential development on a site that is currently designated in the City’s General Plan and Zoning Code for commercial land uses (primarily office), not housing. Under recent changes to State law (e.g., SB 6/Government Code Section 65852.24), however, the applicant could potentially assert the right to develop housing on the site even if the City were to decline to amend its land use designation. In light of such changes to State law, the City no longer has the authority to outright prohibit residential development on the site for a project that meets the requirements of State law (e.g., SB 6/Government Code Section 65852.24). The Project allows the City to address potential residential development on the site on its own terms. This is important because it allows the City to retain maximum local land use authority and avoid the imposition of a State mandate. ▪ Through numerous legislative actions in the past several years, the State of California has identified the lack of housing as a significant area of public concern, leading to an unsustainable lack of housing affordability, increased homelessness, social stress related to increased poverty and a reduction in economic prosperity for many state residents. In the current 6th housing element cycle, Orinda has been allocated 1,359 units between 2023 and 2031. The Project will help the City of Orinda meet its State-mandated obligation to promote the development of housing in the community and comply with State Housing Element Law. While 23 Altarinda is not a Housing Element site, 15 or more new units developed on that 0.73-acre site will count towards meeting the City’s RHNA numbers during the 2023-2031 Housing Element cycle and will be reported during the City’s Annual Progress Report to the State Department of Housing and Community Development (“HCD”). This is particularly important because HCD has not allowed the City to count the Caltrans Gateway Site towards satisfying its regional housing needs allocation (“RHNA”), leaving the City with very little “buffer” in its Housing Element inventory.

The City’s certified Housing Element currently complies with state housing element law, but due Item F.5
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City of Orinda
23 Altarinda Road General Plan Amendment and Zoning Amendment 46 to its limited “buffer” the City may need to address the “no net loss” requirement during the current Housing Element cycle. The Project would allow for potential residential development that could address the buffer/no net loss issue. Additionally, if the City does not meet its RHNA, it will be subject to increasingly onerous State law streamlining requirements (see e.g., SB 35).

Orinda has already been determined by the State/HCD to have made insufficient progress toward its lower income RHNA (Very Low and Low income) and is therefore subject to the streamlined ministerial SB 35 approval process for proposed developments with at least 50% affordability. If the City is also determined to have made insufficient progress toward its above moderate income RHNA, it will be subject to mandatory SB 35 streamlining for developments with at least 10% affordability. The State/HCD is scheduled to make such a determination at the midpoint of the 6th housing element cycle (i.e., January 2027). The Project is expected to help the City make timely progress towards its RHNA, which would help the City avoid increasingly onerous streamlining requirements under SB 35.
▪ In response to concerns and suggestions raised in public comments, the MMRP includes and the City has been implementing numerous wildfire evacuation mitigation measures, including additional commitments of City staff time and resources to pursue funding, coordinate with other agencies, and inform the public of actions taken to improve evacuation conditions. These measures will provide safety benefits to Orindans in the event a wildfire evacuation is necessary. While these mitigation measures will not reduce the impacts to a level of insignificance, they will provide benefits regardless of how much new development is facilitated by the Project. Development facilitated by Plan Orinda would be required to undertake mitigation measures included in the MMRP.
▪ Plan Orinda includes a state-mandated Safety Element Update that establishes a framework that anticipates hazards and prepares the community to minimize exposure to these risks, including those related to wildfire and emergency evacuation. Any development of the Project site would be required to be consistent with the Safety Element.

CITY COUNCIL STAFF REPORT
Department: Parks & Recreation
Meeting Date: February 17, 2026
SUBJECT:

Art in Public Places Committee 2025 Annual Report
EXECUTIVE SUMMARY:

The City Council will receive the annual report from the Arts in Public Places Committee with information highlighting the goals and objectives for the year.

RECOMMENDATION:

Accept the report.

BACKGROUND:

In 2007, the City Council appointed committee members and adopted a policy and the Art in Public Places Program was officially created.

In 2013, the City Council amended the City of Orinda - Art in Public Places Committee and Policy to expand sites for placement of loaned and purchased art, allowing the Committee to pursue more artists to meet the demands of the popular, expanding program.

The City Council’s current policy includes amendments that were approved by the City Council on September 4, 2018, and incorporated in Resolution No. 60-18, one approved on March 3, 2020, and incorporated in Resolution 16-20, and some approved on April 15, 2025, and incorporated in Resolution 21-25.

DISCUSSION:

The annual report by the APPC provides the City Council with information highlighting the committee’s goals and objectives for the calendar year. This offers the City Council an opportunity to review and discuss any concerns they have regarding the APP Program.

Attachment A is a report from the Committee outlining their accomplishments in 2025. It also highlights a sample of planned activities for 2026.

Staff recommends that the City Council receive, review and discuss the Art in Public Places Committee’s Annual Report. The report alludes to, among other things, aspects of the current “City of Orinda - Art in Public Places Committee and Policy” document that may deserve further consideration and discussion. If deemed appropriate, proposed Item H.1
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amendments can be presented for consideration as part of a separate item at a future City Council Meeting.

FISCAL IMPACT:

None at this time.

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. APPC Annual Report 2025
B. City of Orinda – Art in Public Place Committee and Policy C. Loaned Artwork – Art in Public Places December 2025
D. Owned Artwork – Art in Public Places December 2025
Prepared by: Todd Trimble, Parks and Recreation Director Respectfully Submitted by,
Todd Trimble, Parks and Recreation Director
Approved By:

Linda Smith, City Manager
Item H.1
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1 Date: 2/17/2026
To: Orinda City Council
From: The Art in Public Places Committee
Sub: Annual Report 2025
CC: City Manager, Director of Parks & Recreation
As prescribed by the approved City of Orinda – Art in Public Places Committee and Policy, we submit our eighth annual report.

Accomplishments in 2025
It was a very unusual year for the ArtSpace Orinda Program. We borrowed only one new piece and returned none. However, that is not to say that all was quiet. Our “backlog” of opportunities has never been greater. We expect to borrow five new works and return two. Seven works have been offered as donations.

We ended the year with a total of 51 artworks. In addition, there are three works under the responsibility of the Friends of the Orinda Library.

Appendix A shows the number of city-owned and on-loan artworks installed as of the end of 2025 and their locations. Of the 65 approved sites, 51 are occupied.

There is ample room to add to the collection for works that meet our criteria.

The total value of loaned art for insurance purposes is $330,500, which is well within the $450,000 maximum permitted under policy guidelines and approved last year.

Item H.1
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2 New On-Loan Art for 2026

Soccer Players Dragon Slayer
Frog on a Bike Spirit Dreams
Item H.1
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3 Overview
As our ArtSpace Orinda program approaches its 20th anniversary, it is most appropriate to take stock of our present circumstances and what has been learned.

At its founding, the program was unique in emphasizing borrowing art instead of owning. Most cities have adopted the “Build to Own” model. We are still unique, with the exception of the town of Moraga that copied our model completely.

At the moment we have 26 owned works and 25 on loan, almost equal numbers. Our plan for early 2026 is to borrow 5 new works, return 2 and accept 7 donations. Hypothetically, if all were to be realized we would end 2026 with 31 owned and 28 borrowed. Note this is not terribly far from 50/50.

What have we learned?
The characteristics of owned works vary greatly.

Assume all seven planned donations are realized and we end the year with 31 owned works. Of the total 31, 7 are Colin Selig’s chairs and benches. The City could have provided common park benches, but Colin’s artistry makes the visual experience much more dramatic. Three of the 31 are two-dimensional wall art and mounted inside. These are small works that take up little space and can be easily placed and moved about, even retired if we wish. Accounting for this distinction adjusts the end-of-year ratio to 21 owned and 28 borrowed.

Impact on staff time. The vast majority of staff time, as well as committee time, is dealing with loaned art. Once we own a piece, the continuing effort is often quite minimal . Recent policy changes that provide for 5-year terms appear to have helped contain staff workload.

Maintenance. Owned works account for nearly all our maintenance expenditures.

We simply don’t borrow works that require maintenance other than occasional soap and water wash. This is the artist’s responsibility anyway.

Of the present 26 owned works, 15 have not required any maintenance since acquisition. The 11 that needed work only set us back about $6,000 since the ArtSpace program began.

Colin Selig chairs and benches: sandblast and powder coat 7 pieces: $5,000 Item H.1
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4 Frog in the Pond: $200 for special rust treatment applied by committee members.

Peacock: $800 for the Artist to repaint and adjust.

Reimbursement of out-of-pocket maintenance supplies is $1,000-2000 annually.

Cost of borrowed works. Every new artwork requires a sharing of costs for transportation and installation, occasionally substantial. However, these are considered in our deliberations to go forward or not. When it is difficult to pin down a number we use a “Not to Exceed” figure. It is important to note that the Committee is hardnosed in negotiating the lowest reasonable cost while keeping the whole relationship with the artist in perspective.

Financing. Funds to pay for everything (except staff) come from the Orinda Community Foundation. Thanks to a particularly generous donor and others who earmark their donations, our funding is quite substantial. Current balance is approximately $38,000.

Eye on the Ball. We believe our experience to date suggest the most effective way to manage the program is to focus on the number of borrowed works, not the total. A range of 23 – 30 should be feasible if today’s staff levels are sustainable.

We typically borrow 3-4 new works each year. The Committee can still decide to return a piece early if more exciting works are offered.

Respectfully submitted,
The Orinda Art in Public Places Committee
Rich Thompson, Chair
Item H.1
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5 APPENDIX A
Art Placement Sites and Occupancy December 31, 2025
Location
On
loan
City
owned

Total sites
with art
owned and
on-loan
installed
Available
approved
sites
Total
approved
sites
Theater area/Mini
Park
1 4 5 1 6
City Hall 5 2 7 1 8
Library Plaza 3 5 8 2 10
Library Gallery 2 0 2 0 2
Library Back Court 1 1 2 0 2
Library Trellis area 4 1 5 0 5
Library Upper Plaza
(Heggie Plaza)
2 2 4 1 5
Community Center
area
3 5 8 2 10
Orinda Community
Park
1 1 2 1 3
Wilder Sports Fields 0 1 1 2 5
Wilder Ranch
House
0 2 2 1 3
Wilder A&G Center 3 1 4 1 5
On loan to Moraga 1 1 1 1
Totals 25 26 51 15 65

Item H.1
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1 City of Orinda - Art in Public Places Committee and Policy

I PURPOSE
Since public art is a cultural reflection of a community and its people, it is important that procedures be in place for the acquisition and acceptance of art by the City of Orinda to further the education and appreciation of art. The purpose of this Art in Public Places Committee is to advise the City on its Public Art Program, including advice regarding:

A. selection and acceptance of loaned artwork;
B. art placement or site selection;
C. possible funding for program costs.

D. possible sale of art currently owned by the City
E. possible acquisition of art to be owned by the City
The Art in Public Places Committee will annually present a report in February to the City Council regarding the status of the Public Art Program and the goals and objectives for the calendar year.

This policy shall apply to artwork that is loaned to the City for display for an extended period of time as well as art owned by the City and displayed outdoors. Artwork displayed in the Art Gallery of the Orinda Library for short periods of time (less than 2 months) pursuant to the City’s arrangements with the Lamorinda Arts Council is not covered by this policy. Artwork that is owned by the City and displayed indoors is not covered by this policy.

II DEFINITIONS
Art as described in this policy is art intended to enrich the public environment for both residents and visitors.

Art shall include, but not be limited to, sculptures, murals, paintings, graphic arts, mosaics, photography, crafts, mixed media, and environmental works.

III COMMITTEE
The Art in Public Places Committee (“Committee” or “APPC”) is appointed by the City Council, consistent with Resolutions 41-07, 15-10, 16-20, 08-21, and 21-25.

IV SELECTION / ACCEPTANCE PROCESS
When making a recommendation regarding works of art for possible loan to the City or possible City ownership/sale, the APPC shall consider whether:

A. the artwork:

1. is thought-provoking, memorable or enduring and reflects the diverse social, cultural, or historic values of the City

2. is appropriate in terms of scale, form, content, compatibility with immediate surroundings and reasonably protected from theft and vandalism and

3. is sensitive to the importance of the contributions by local and regional artists to the City of Orinda’s Public Art Program

4. is not religious iconography intended to be perceived as government endorsement of religion in violation of the Establishment Clause of the Federal and State Constitutions

5. would not, when displayed, create a hostile work environment for public employees

6. does not depict graphic violence or overt sexual activity B. the City already has on loan or owns sufficient examples or better examples of this type of object or the objects by a particular artist in a particular style; Item H.1
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2 C. the City has the facilities and resources necessary to accept the object, knowing that the City has limited facilities and resources;
D. the person wishing to loan, purchase, donate or sell the artwork is prepared to execute a contract or other document which, in the estimation of the City Attorney and City Manager, protects and serves the fiscal and other interests of the City,
E. the artist who created the artwork that will be loaned, sold or donated to the City is prepared to execute a waiver of their rights under California Art Preservation Act (Civil Code 987 and 989), the Visual Artist Rights Act (17 U.S.C. 106A, 113), and other applicable state and federal laws.

F. the person wishing to loan art to the City is willing to agree in writing that the City’s maximum liability for any claim related to the art (including for loss or damage) will be limited to $5,000.

The City’s intention with this policy is to create a limited public forum for the display of artwork that meets the City’s standards for artwork that is appropriate to be displayed in the community, as set forth above, particularly because such artwork will be viewed by children and City employees.

V SITE SELECTION
Artwork loaned to or owned by the City pursuant to this policy may be displayed in the following locations:

A. City-controlled areas of the Orinda Community Center and Library.

B. City Hall (lower and upper mezzanine, interior lobbies, and landscape circle in lower parking lot).

C. City-controlled parks including, but not limited to, Orinda Wilder Park, Orinda Oaks Park, Orinda Crossroads Park, and Pine Grove Park.

D. City-controlled areas located within the Downtown as designated in the Orinda General Plan. Such City-controlled areas shall not, however, be eligible for art display if the Director of Public Works and Engineering Services determines that such display would interfere with use by pedestrians and/or vehicles, would create a safety hazard, or would otherwise be inappropriate.

When recommending sites for display of works of art, the APPC shall consider:

A. whether the artwork can be properly installed, placed to be seen, and displayed with patron safety in mind;
B. compatibility of design and location within unified design character or historical character of site, preservation and integration of natural features;
C. site design including landscaping, drainage, grading, lighting and seating considerations; D. environmental impacts such as noise, sound and light; E. public accessibility to the artwork, particularly handicapped areas; F. impact on adjacent property owner’s views; and
G. impact on operational functions of the City.

VI CITY MANAGER AUTHORITY & APPC RECOMMENDATION TO CITY MANAGER The City Manager may take all actions appropriate to administer the Public Art Program consistent with this policy. The City Manager has the authority to approve and execute agreements:

A. accepting the loan of art as recommended by the APPC B. extending the loan term for art as recommended by the APPC C. selling City-owned art as recommended by the APPC
D. acquiring City-owned art as recommended by the APPC and approved by the City Council E. determining where art should be displayed as recommended by the APPC If the City Manager determines (including after receiving advice from the APPC) that it would be appropriate to obtain City Council input on any proposed action under this policy (e.g., loan, extension, sale, purchase), he or she should place an item on an upcoming Council agenda for discussion.

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3 Applications to loan artwork to the City will be made to the Park and Recreation office and will be routed to the APPC. The documentation of the proposed public art will be available for review through the City Clerk’s office.

The APPC will consider the application and then make a recommendation to the City Manager for action.

The City Manager (or his/her designee) will notify applicants of the City decision. The notification, if the application is approved, will include a description of the location where the art will be placed. That location may be changed at the discretion of the City Manager with input from the APPC.

The offer to loan artwork may be withdrawn at any time up until execution of an agreement between the City and the artist/donor.

VII MAINTENANCE AND INSURANCE OF ART IN PUBLIC PLACES:

Upon receipt of a loaned work of art pursuant to this policy, the City may, at its sole discretion, insure the art pieces through coverage obtained through the Municipal Pool Authority.

There will be a limit of $5,000 per claim. In the case of a catastrophic event, there will be a limit of $5,000 for all claims. The Orinda Community Foundation (OCF) will fund claims, up to a total of $5,000 annually.

Maintenance of loaned art shall be the responsibility of the person loaning the art to the City. Prior to undertaking any such maintenance on City property, the person loaning the art to the City shall obtain the approval of the City.

Any maintenance and/or insurance of City-owned artwork will be at the City’s sole discretion. City Staff may consider the condition of City-owned artwork each year in time for budget preparation and make recommendations to the Council regarding the estimated cost of appropriate maintenance activities and/or insurance.

VIII REMOVING (DEACCESSIONING) ARTWORK
Loaned art shall be removed at the end of the prescribed term, unless the City Manager or his or her designee determines, after considering the APPC’s recommendation, that early removal is appropriate under the criteria described below.

Any loaned artwork may be removed from public display if:

A. the artwork’s physical or structural condition poses a threat to public safety; B. the artwork requires excessive maintenance, has faulty design or workmanship, and repair or remedy is impractical or unfeasible;
C. the artwork has been damaged and repair or remedy is impractical or unfeasible; D. the condition or security of the artwork cannot be reasonably protected; significant changes in the use, character or design of the site have occurred and affect the integrity of the artwork; E. the artwork violates the selection criteria in section IV of this policy; or G. removal is requested by the artist or donor.

Removal of loaned art by the City should be a seldom-employed action that operates with a strong presumption against removing works from public display. Where removal of the artwork may cause damage to it, the City should consider sections 987 and 989 of the Civil Code.

Any City-owned artwork may be removed from public display by the City Manager at his/her discretion after considering the APPC’s recommendation.

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4 IX PROGRAM MAINTENANCE/LIMITS ON LOANED AND CITY-OWNED ARTWORK In order to minimize the staff time necessary to support the program, control the City's potential liability, and ensure that the City has the resources necessary to properly carry out this policy, the Council has determined that it is appropriate to place caps on the maximum number and value of art in the program. Recommended caps of art value and number of pieces are subject to review and change annually by Council, which may consider such amendments at the time of the APPC’s annual report. Current caps should be set forth in the APPC’s annual report. The current Council-approved cap for the total value of loaned art is $450,000. The current Council-approved cap for the number of loaned pieces is thirty-nine.

The number of artworks displayed shall be determined in part by the number of appropriate locations as identified by the APPC and approved by the City. In considering the number of artworks the APPC should consider recommending a balance between city-owned art and loaned art.

The decision to recommend the acquisition of an artwork should be based on several factors including, but not limited to, the interest expressed by the community for any particular piece of art after observing it over a period of time as loaned art, responding to an offer for a commissioned artwork or a dedication of an artwork by the artist or a third party and that the artwork would not constitute a risk to patrons or require any significant maintenance. The total value of the artwork under loan or ownership may be subject to limitation for insurance liability claims and shall be reviewed on an annual basis upon submittal of an annual report.

Loaned artwork should be promptly removed from display at the end of the loan term and any extension(s).

Artwork loans should be for an initial term of no more than five years. The loan period may be extended for one or more additional term(s) not to exceed a total of an additional five years. Any such extensions shall be approved in writing by the City Manager (or his/her designee) after consideration of the recommendation of the APPC and Artist/Donor. Any further extension should be addressed and considered at the time of the annual report to the City Council.

The APPC should make recommendations to the City Manager regarding any proposed sale of owned art.

Any revenue realized from selling such art would go to support the City’s art program.

In implementing the policy, the APPC and City staff should prioritize and prefer art loans over the acquisition of owned art. The Council has established this prioritization and preference because loaned art is displayed for a relatively short time and then removed, making room for new art.

X FUNDING AND SUPPORT FOR ART IN PUBLIC PLACES
City staff time related to the Public Art Program should be limited to .25 FTE (full-time employee), with a small amount of City Attorney assistance. In order to accomplish this, the City Staff and City Attorney have developed uniformly applicable documents (e.g., application forms, agreements, extensions). To further ensure efficiency, the APPC and City Manager should limit non-uniform and nonconforming requests, which tend to increase staff and attorney time (e.g., short-term extensions, last minute loan requests, having a variety of termination dates, negotiations regarding departures from the City’s standard agreement, displaying items in County-controlled portion of the Library, artwork remaining after expiration of the set loan term, etc.).

A well designed and maintained web presence describing the ArtSpace Orinda Program is a vital tool to attract artists and communicate with residents and visitors and will be maintained by the City. The APPC will provide guidance for content and recommend reimbursement of expenses incurred from the account with OCF.

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5 The City has entered into a funding agreement with the Orinda Community Foundation to provide certain funding for the program as follows: supplements to the artist(s) (when necessary) for installation, maintenance and removal expense, signage to identify the art, ArtSpace website expense, and events to publicize the Program and/or recognize the artists, and up to $5,000 annually for insurance claim deductible payments.

XI PUBLIC ART PROPOSAL
Any person wishing to loan artwork to the City of Orinda must complete the attached Public Art Application.

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6 City of Orinda
Public Art Application
(Please complete this application as fully as possible) Date:____________________ Project Name _________________________________________________________________________ Year created: ___
Proposed Location/Address ______________________________________________________________ ______________________________________________________________________________ Proposed by__________________________________________________________________________ Phone __________________________ Email _______________________________________

Address__________________________________ City__________________ Zip__________

Reason for application
( ) Showcase my art
( ) Support ArtSpace Orinda
( ) Other ______________________________________________________ Artist Name __________________________________________________________________________ Phone __________________________ Email _______________________________________

Address__________________________________ City__________________ Zip__________

Description of Artwork (Include material, finish, and color) _______________________________________________________________________________ _______________________________________________________________________________

Approximate Weight ______________ Approximate Dimensions ___________________________ System for Mounting or Displaying Artwork
_______________________________________________________________________________ _______________________________________________________________________________

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7 Maintenance, Mounting or Display Requirements
_______________________________________________________________________________ _______________________________________________________________________________ Value: $___________ Approximate Annual Maintenance Costs: $___________ Basis for value:
( ) Published in gallery catalog or other media e.g. price list, website ( ) Comparable to similar works sold
( ) Other _________________________________________________________ Term of Loan _____ years/months
Please attach
• Photo, plans, model or other representations of proposed artwork • Artist biography
• Artist’s information for artwork signage
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LOANED PUBLIC ART AS OF DECEMBER 2025
Artist Name of Work Value Medium Location Org.

Agreement Expiration ExtensionExpiration Notes
Anne Weber Almost 16 FOL Cardboard, lacquer Library reading room N/A N/A Artist has loan with FOL, they renew contract when necessary
Susannal Israel Master of Ceremonies FOL Terra Cotte Library Entrance / Lobby N/A N/A Artist has loan with FOL, they renew contract when necessary
1 L Joseph Slusky IO $15,000 painted Steel Planning Lobby Donor, Ted Urban 2 L Archie Held Negative $25,000 steel Library Plaza Nov-07 4/21/11 12/31/23 3 L Kent Roberts (dec.) Surveillance $10,500 wood, fiberglass, brass, aluminum Library Entrance / Lobby Jul-09 10/31/12 In Progress Donor, Cid Young 4 L David Mudgett Face Your Fear $18,000 steel, granite Library Plaza Nov-15 12/30/16 12/31/23 5 L Kati Casida (dec.) Embrace $10,000 painted aluminum Art and Garden Center Mar-17 11/1/18 6 L Joseph Slusky Sentinel $20,000 acrylic lacquer on steel Art and Garden Center Jun-19 12/31/20 In Progress 7 L Stann Dann California Landscape $25,000 wood Art and Garden Center Mar-19 12/31/21 12/31/23 Donor, Lynda Dann 8 L Sandra Jones Campbell The Proposition $25,000 ceramic, glaze, steel City Hall, upper Nov-19 12/31/21 12/31/23 9 L Rimas VisGirda Martha $12,500 terracota, underglaze, glaze Library Plaza Nov-19 12/31/21 12/31/23 10 L Rue Harrison Whittaker Indigo Animal $5,000 ceramic w/ blue glaze & decorateive mosaic Library Back Court / Garden Dec-20 12/31/22 12/31/23 11 L Stan Huncilman Rotorama $5,000 painted steel Library Trellis Area Jun-20 12/31/21 12/31/23 12 L Stan Huncilman Rwenzori $5,000 painted steel and fiberglass Library Trellis Area Jun-20 12/31/21 12/31/23 13 L Stan Huncilman Caerus - replaced w/ Vicar Song $2,500 welded steel with rust finish Orinda Community Center Jun-20 12/31/21 12/31/23 14 L Wes Horn Dusk Rocket $5,600 ceramic tile and cement Library Trellis Area Jul-22 12/31/24 15 L Pam Stefl Toki Shift $4,900 Cardboard, lacquer Library Fountain steps Sep-22 12/31/24 16 L Susannal Israel Anima $12,000 Terra Cotte City Hall, lower Sep-22 12/31/23 Donor, John Toki 17 L Gyöngy Laky Silence $12,000 Twigs, cloth, and plastic Library Gallery Feb-22 2/28/24 12/31/2025 18 L Jos Sances La Course Camarguaise or the Death
of James Merry $20,000 mural screen printed & painted tile Orinda Community Center, by Libraryfountain Sep-23 12/31/2025 19 L William Wareham Tarabuco sentinmental
value only welded and painted steel Theater District Oct-23 12/31/2025 Donor, Rich Thompson 20 L Alex Nolan Ursus Redivivus $45,000 up-cycled steel mechanical parts Orinda Community Center, park Oct-23 12/31/2025 21 L Gyöngy Laky Geometer $7,000 apple and plum wood, copper nails City Hall, upper Feb-24 12/31/2025 22 L Trey Hill Bones $10,000 painted ceramic Library Upper Plaza Mar-24 12/31/2025 Donor, Ted Urban 23 L Mark Messenger Cliffhanger $24,000 clay, underglaze, glaze, lustre and acrylic Library Upper Plaza Jul-24 12/31/2026 24 L Tom Franco Voyager $5,000 mixed media, iron, glazed ceramics City Hall, upper Dec-24 12/31/2027 25 L Joe Taylor Hung Up on Blue $6,500 stoneware, slilp, glaze, acrylic Orinda Community Center, front May-25 12/31/2030 New Loan Template Total Value $330,500
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CITY OWNED ARTWORK AS OF DECEMBER 2025
Status Artist Name of Work Medium Location Org.

Agrmt. Purchased Resolution#
Purchase Amount Additional Notes
OWNED
by FOL
Kevin Christison Mother Reading to Child Bronze Community Center Back Courtyard N/A N/A N/A Owned by Friends of Orinda Library 1 OWNED Robert Holmes Ascending Dancers Bronze Library Upper Plaza N/A N/A N/A Donated by owner (TBD) Acquired outside of traditional APPC practice
2 OWNED Albert Dicruttalo Truce Bronze, Aluminum Library Plaza Nov-09 10/18/11 Res 64-11 Donation ($15,000) 3 OWNED Allison McCrady Painting of Orinda Oil City Offices Administration Wing n/a 12/15/09 Res 88-09 Donation ($5,000) 4 OWNED Bruce Johnson Sentinel Redwood/Copper Courtyard between Lib. & Comm. Center n/a 5/6/08 Res 26-08 Donation 5 OWNED Gale Wagner Outta Here Painted Steel Library Fountain Jul-07 12/18/10 Res 59-10 $25,000: City contributed $10,000 6 OWNED John Toki Springtime Spirit Ceramic Orinda Community Center Nov-07 12/22/10 Res 59-10 $21,000: City contributed $10,000 7 OWNED John Toki Blue Back #2 Ceramic Orinda Community Center Nov-07 7/1/14 Res 23-14 $20,000: City contributed $10,000 8 OWNED Patricia Vader Wheely Whirly Peacock Wood, metal, wheels Library Plaza May-09 5/29/12 Res 13-12 $18,000: City contributed $9,000 9 OWNED Jeff Downing Signals Ceramic Library Plaza Jul-07 6/29/13 Res 73-12 $19,800: City contributed $9,900 10 OWNED Danielle Satinover Sound Explosion Steel Balls Library Upper Plaza Nov-09 2/2/16 Res 07-16 $5,500: City contributed $2,500 11 OWNED Keith Bush Measure of a Man Steel Adjancent to Heggie Plaza Feb-10 9/21/10 Res 55-10 Donation loaned to Town of Moraga,
agreement expires 4/1/25
12 OWNED Douglas Heine Fruit of the Aluminum Aluminum burnished/painted Wilder Sports Fields Nov-11 4/1/16 Res 07-16 $7,500: City contributed $2,500
13 OWNED Douglas Heine Butterflies Painted Aluminum Orinda Community Center Park Nov-11 4/1/16 Res 07-16 14 OWNED Colin Selig Nouveau Victorian Chair repurposed propane tanks Crossroads- Adjacent, Bank of the West Aug-15 4/30/17 Res 12-17 15 OWNED Colin Selig Lips Love Seat repurposed propane tanks Orinda Community Center Aug-15 4/30/17 Res 12-17 $12,000: City contributed $4,000 16 OWNED Colin Selig Chaise Cylindrical Love Seat repurposed propane tanks Moraga Wy, Adjacent Morrison Jewelers Aug-15 4/30/17 Res 12-17 17 OWNED Ivan McLean Sphere Steel Orind Library Trellis Area Jan-15 1/18/18 Res 101-17 Donated by Artist ($6,000) 18 OWNED Dan Good Chain Piece Steel Wilder Park Ranch House Jan-15 1/18/18 Res 101-17 Donated by Artist ($2,000) 19 OWNED Albert Dicruttalo Epoch Bronze Lower Level City Hall Nov-09 8/20/19 Res 44-19 Donate by Artist ($12,000) 20 OWNED Doug Heine Full Circle Aluminum Library Plaza n/a 8/1/22 Res 15-22 $6,500 21 OWNED Wes Horn Surfboard Seat Mosaic tile/concrete Moraga Way, across from Nations n/a 8/1/22 Res 15-22 $2,200 22 OWNED Colin Selig Bean Love Seat repurposed propane tanks Wilder Park Ranch House 15-Jul 7/27/2023 Res 46-23 $12,000: City contributed $4,000
23 OWNED Colin Selig Chaise Love Seat repurposed propane tanks Theatre Sq. Adjacent to Bank of the West 15-Jul 24 OWNED Colin Selig Low Back Bench repurposed propane tanks Orinda Community Center 15-Jul 25 OWNED Colin Selig Asymmetric Chair repurposed propane tanks Orinda Community Center 15-Jul 26 OWNED Larry Stefl (dec.) California Dream painted, welded steel Library Plaza Feb-21 5/1/25 Res 20-25 $5,000 donated Item H.1
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CITY OWNED ARTWORK AS OF DECEMBER 2025
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CITY COUNCIL STAFF REPORT
Department: Parks & Recreation
Meeting Date: February 17, 2026
SUBJECT:

Accept Artwork Donations of Current Loaned Artwork to Allow for Continued Public Display through the Art in Public Places Program
EXECUTIVE SUMMARY:

RECOMMENDATION:

Approve Resolution No. 06-26 Authorizing the Donation of Artworks Offered by Kati Casida; Ted Urban; and Gyongy Laky.

BACKGROUND:

In 2007, the City Council formally adopted the Art in Public Places Program.

In 2013, the City Council amended the APP Policy to expand sites for placement of loaned and purchased art, allowing the Arts in Public Places Committee (APPC) to pursue more artists to meet the demands of the popular, expanding program.

In August 2018, the Policy was amended again with primary changes focused on efficiencies to reduce Staff time, such as allowing the City Manager to take appropriate action to administer the Public Art Program, directing the Art in Public Places Committee (APPC) to annually present a report to the City Council, and should recommend limiting non-uniform and nonconforming requests, which tend to increase staff and attorney time.

In April 2025, the City Council approved additional updates to the policy assuring continued administrative efficiencies and effectiveness including longer artwork loan terms, updating the cap on the total value of loaned art pieces, and revising the non-profit entity responsible for accepting and dispersing donations to the program. Loan agreements that expired in 2025 and earlier are in the process of being updated utilizing the new agreement.

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DISCUSSION:

The Art in Public Places program (“APP program”) has 51 art pieces on public display; 25 pieces are on loan, with value totaling $330,500, and the other 26 pieces have been acquired over the course of the APP program. To date, the City has contributed minimal financial resources towards maintenance of City-owned artwork and has only received one “Notice of Claim” related to damage to loaned art.

At three separate meetings during the fall, the APPC reviewed current artwork loan agreements and discussed donation considerations for the following:
• Embrace, by Kati Casida during the regular October 20 meeting • IO and Bones, by donor Ted Urban during the regular November 17 meeting • Silence and Geometer, by Gyöngy Laky during the regular December 15 meeting Embrace, created by the late Kati Casida, has been on loan as a part of the Art in Public Places program since March 2017. The artwork loan has expired, and the committee has been in communication through the designated representative, who has offered to donate the piece to the City.

Donor Ted Urban has offered to donate two pieces of artwork currently on loan entitled IO and Bones to the City for permanent acquisition. At the time the artwork loan was initiated for IO, the applicable Art in Public Policy framework did not address this type of arrangement. As the policy has since evolved, the current loan does not fully align with the scope outlined in current policy. Bones has been on loan since March 2024, and expired at the end of 2025.

Artist Gyöngy Laky has offered to donate both of her pieces Silence and Geometer.

Silence has been on loan through the Art in Public Places program since February 2022, and Geometer’s Choice since February 2024. Both loans expired at the end of 2025.

The APPC reviewed all pieces and unanimously approved the recommended donations.

Historically, recommendations have been based on the following criteria:
• Requires minimal, if any, long-term maintenance due to the materials used to construct and finish the piece;
• Has been on display for more than a year and has received positive feedback from the community; and
• Is uniquely complementary with surrounding elements and can be easily placed in other City-controlled locations.

The APPC is recommending that the City accept these donations from the Artists/Donors for permanent acquisition. The City’s acceptance of the artwork is contingent upon the execution of agreements that are acceptable to the City Attorney and the City Manager.

The permanent acquisition would transfer legal ownership of the artwork to the City, commits the City to credit the artists’ when displaying the artwork and is intended to Item H.2
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ensure that the City can reproduce and publicly display/remove the artwork without restriction from the artist.

In reviewing acquisition recommendations, Staff consider whether the proportion of loaned versus City-owned artwork continues to support the stated purpose of the loaned public art program. Approval of all recommendations would result in City-owned works outnumbering loaned pieces, warranting City Council’s consideration of whether the program remains aligned with its intended purpose as a limited duration public forum.

Regarding next steps, the City Council may choose to accept all the pieces, some of the pieces, or none of the pieces. Once determined, Staff will process agreements for Casida, Urban, and Laky subject to approval by the City Manager and City Attorney. The Agreements will be signed and filed with the City Clerk.

FISCAL IMPACT:

There is no direct fiscal impact to the City. The City has no obligation to maintain, repair, or insure the artwork, though it may elect to do so at its discretion. Future powder coating for Embrace will be funded through the Art in Public Places fund held by the Orinda Community Foundation.

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. City of Orinda - Art in Public Places Committee and Policy B. Resolution 06-26 of the City Council of the City of Orinda Authorizing the Donation of Artworks Offered by Kati Casida; Donor Ted Urban; and Gyöngy Laky
C. Loaned Artwork - Art in Public Places December 2025
D. Owned Artwork - Art in Public Places December 2025
E. Public Artwork Loan Agreements: Casida, Urban, Laky
Respectfully Submitted by,
Todd Trimble, Director of Parks and Recreation
Approved By:

Linda Smith, City Manager
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RESOLUTION NO. 06-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

AUTHORIZING THE DONATION OF ARTWORKS OFFERED BY KATI CASIDA, TED URBAN, AND GYÖNGY LAKY
WHEREAS, in July 2007, the Council adopted Resolution No. 41-07 approving Art in Public Place Policy; and
WHEREAS, under the Policy the APPC reviews applications to loan, lease, or donate artwork to the City and recommends pieces of art for acceptance by the City; and
WHEREAS, since March 2017, Embrace, by late Artist Kati Casida, has been loaned and been on exhibit in Orinda; and
WHEREAS, the artwork loan has expired, and the designated representative has offered to donate the piece to the City; and
WHEREAS, Donor Ted Urban has loaned IO, which been on exhibit in Orinda since August 1999, and loaned Bones which has been on exhibit since March 2024; and
WHEREAS, the artwork loans have expired, and the Donor Ted Urban has offered to donate both pieces to the City; and
WHEREAS, Silence, has been loaned and been on exhibit in Orinda since February 2022, and Geometer’s Choice since February 2024, by Artist Gyöngy Laky; and
WHEREAS, the artwork loans have expired and Artist Gyöngy Laky has offered to donate both pieces to the City; and
WHEREAS, the Art in Public Places Committee (APPC) has recommended acquiring all five pieces of artwork; and
WHEREAS, there is no direct fiscal impact to the City; and WHEREAS, City Council finds the acceptance of the Artwork pieces by the City will benefit the public welfare and quality of life in the City; and WHEREAS, the City Council finds the acceptance of the Artwork pieces will be consistent with the City’s fiscal and other interests, provided the Artist’s and Donor will execute a Public Artwork Donation Agreement acceptable to the City Manager and City Attorney.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby authorize the donation of the Artwork pieces, contingent upon the execution of a Public Art Donation Agreement acceptable to the City Manager and City Attorney.

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Adopted by the City Council of the City of Orinda at a regular meeting on February 17, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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1 PUBLIC ARTWORK LOAN AGREEMENT
THIS AGREEMENT is made and entered into on 2/3/24 between the City of Orinda (“City”), a municipal corporation, and Gyongy Laky (“Artist/Donor”).

RECITALS
WHEREAS, pursuant to Resolutions 41-07, 70-13 and 60-18, the City Council has established an Art in Public Places Policy for the City;
WHEREAS, the policy authorizes the City to acquire artwork for public display through loans and donations of artwork;
WHEREAS, the policy authorizes the City Manager authority to approve and execute acquisition by loan of the artwork described in this Agreement; NOW, THEREFORE, City and Artist/Donor agree as follows:

1. Purpose of Agreement
Artist/Donor, as the sole owner and creator of the artwork entitled Geometer’s Choice (“Artwork”), hereby agrees to loan Artwork to the City for the period of time specified in Section 2 of this Agreement. The Public Art Application prepared by Artist/Donor, which describes the Artwork and includes a photograph of the Artwork, is attached and incorporated into this Agreement as Exhibit A.

In consideration of Artist/Donor’s loan of the Artwork to City, City agrees to publicly display the Artwork, to credit Artist/Donor for the loan on a sign posted with the Artwork, and to insure the Artwork against loss or damage as specified in Section 6 of this Agreement. This Agreement is intended to implement and shall be interpreted in accordance with the terms of the City of Orinda Art in Public Places Policy, which can be provided at the request of the Artist/Donor.

2. Effective Date and Term of Agreement
This Agreement shall be effective on the date that it has been executed by both parties. It shall remain in effect until December 31, 2025, unless it has been terminated earlier pursuant to Section 9 of this agreement.

This Agreement may be extended by up to two additional one-year terms (with the termination day remaining December 31). Any such extensions must be a recommendation by the Art in Public Places Committee and approved by the City Staff. Such extensions must be documented in writing and signed by the City Manager (or his/her designee) and Artist/Donor.

DocuSign Envelope ID: 072EF5FF-2137-44D3-9167-C04955F4FB38 Item H.2
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2 At the end of the term, including any extension(s), the Art shall be removed as provided in Section 10 of this Agreement.

3. Payments
a. Artist/Donor shall loan the Artwork to City for the limited term of this Agreement specified in Section 2 without the payment of compensation by the City. b. Artist/Donor agrees to pay any and all costs incurred by the City in connection with the installation and removal of the Artwork, as provided in Exhibit B of this Agreement.

4. Artist/Donor’s Representations and Warranties
a. Artist/Donor represents and warrants that Artist/Donor is the original and only creator of the Artwork.
b. Artist/Donor represents and warrants that Artist/Donor is the sole owner of the Artwork.

Artist/Donor further represents and warrants that the Artwork is free and clear of any liens and that there are no outstanding disputes in connection with property rights, intellectual property rights, or any other rights in the Artwork or parts of the Artwork. Artist/Donor represents and warrants that Artist/Donor is the sole owner of any and all copyrights and other intellectual rights pertaining to the Artwork.
c. Artist/Donor represents and warrants that the Artwork will not pose a danger to public property, health or safety in view of the possibility of misuse, if such misuse is in a manner that was reasonably foreseeable at any time during the term of this Agreement. d. Artist/Donor represents and warrants that foreseeable exposure to the elements and general wear and tear will cause the Artwork to experience only minor, repairable damage and will not cause the Artwork to fall below an acceptable standard of public display; e. Artist/Donor represents and warrants that general routine maintenance and repair of this Artwork will maintain the Artwork within an acceptable standard of public display. f. Artist/Donor represents and warrants that the installation and removal of the Artwork will not unacceptably damage or alter the Artwork.
g. Artist/Donor represents and warrants that the total value of the Artwork is $7,000.

5. Intellectual Property and Publicity Rights
a. City’s Intellectual Property License. Artist/Donor grants to City, and to City’s agents, authorized contractors and assigns, an unlimited, non-exclusive and irrevocable license to do the DocuSign Envelope ID: 072EF5FF-2137-44D3-9167-C04955F4FB38 Item H.2
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3 following with respect to the Artwork:
(1) Use and Display. City may use and display the Artwork for the term provided in Section 2. (2) Reproduction and Distribution. City may make and distribute, and authorize the making, display and distribution of, photographs and other two-dimensional reproductions of the Artwork. City may use such reproductions for any City-related purpose, including advertising, educational and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, documentation of City’s Art in Public Places Policy, and catalogues or similar publications. City shall ensure that such reproductions are made in a professional and tasteful manner, in the sole and reasonable judgment of the City. b. Third Party Infringement. The City is not responsible for any third party infringement of any copyright to the Artwork held by Artist/Donor and is not responsible for protecting the intellectual property rights of Artist/Donor.
c. Credit. On each City reproduction of the Artwork, the Artist/Donor shall be acknowledged, using designations provided by the Artist/Donor, to be the Artist/Donor of the Artwork. d. Trademark. In the event that City’s use of the Artwork creates trademark, service mark or trade dress rights in connection with the Artwork, City shall have an exclusive and irrevocable right in such trademark, service mark, or trade dress.
e. Alteration. If City alters the Artwork without Artist/Donor’s consent in a manner that is prejudicial to Artist/Donor’s reputation, Artist/Donor retains the right to disclaim authorship of the Artwork.

6. Liability for Damage to Artwork and Risk of Loss
a. The City may, at its sole discretion, insure the Artwork through coverage obtained through the Municipal Pool Authority (“MPA”). There will be a limit of $5,000 per claim. In the case of a catastrophic event, there will be a limit of $5,000 for all claims. b. The risk of loss or damage to the Artwork shall be borne solely by Artist/Donor until the City takes possession and accepts the Artwork. Once the Artwork has been removed from public display pursuant to this Agreement, the risk of loss or damage to the Artwork shall be borne solely by Artist/Donor. All risk of loss or damage to the Artwork shall be borne solely by Artist/Donor after the expiration or termination of this Agreement, regardless of whether the Artwork remains in the City’s possession and/or on public display. The Artist/Donor will be responsible for insuring the Artwork against damage and loss if it remains on public display in the City following expiration or termination of this Agreement. c. In the event the Artwork is damaged beyond repair while on public display, the City shall be DocuSign Envelope ID: 072EF5FF-2137-44D3-9167-C04955F4FB38 Item H.2
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4 liable for the full value of the Artwork only if Artist/Donor either: (1) signs a written instrument stating that Artist/Donor will not display, reuse, or resell the Artwork in the future, or (2) signs a written instrument transferring ownership of the Artwork to City and waiving Artist/Donor’s rights to the Artwork under 16 U.S.C. § 106A.

7. Repair and Maintenance
a. Artist/Donor shall be responsible for all reasonably necessary maintenance and repairs of the Artwork during the term of this Agreement. “Maintenance” includes, but is not limited to, routine cleaning of the Artwork as necessary to maintain the Artwork in a condition appropriate for public display and any and all actions taken to preserve, restore, or conserve the Artwork. b. Prior to conducting any maintenance or repairs on the Artwork, Artist/Donor shall obtain the approval of the City. Artist/Donor shall request approval of the City in writing, at the address provided in Section 18 of this Agreement. The Artist/Donor’s request shall identify the method(s) of maintenance or repair proposed, the person(s) who will perform the repair or maintenance, and the time period in which the repair or maintenance will be performed. If the City approves the request, it may impose conditions on that approval as necessary to protect public property, health and safety.
c. Maintenance and repairs must be performed in a manner that does not damage public property.

Artist/Donor is liable to the City for any damage to public property caused by maintenance or repair activities.
d. City shall not be liable to Artist/Donor for any damage to Artwork caused by maintenance or repairs undertaken by Artist/Donor or by the failure to undertake any such maintenance or repairs.

8. Indemnification
Artist/Donor shall indemnify, protect, defend and hold harmless the City and its subdivisions, officials, employees and agents from and against all liabilities, obligations, losses, damages, judgments, costs or expenses (including legal fees and costs of investigation) (collectively “Losses”) arising from, in connection with or caused by: (a) any personal injury or property damage caused, directly or indirectly, by any act or omission of Artist/Donor and/or Artist/Donor’s agents, employees, or assigns; (b) any infringement of patent, copyright, trademark, trade secret or other proprietary right; or (c) any infringement of Artist’s rights under 16 U.S.C. § 106A, 16 U.S.C. § 113, Civil Code §§ 987 et seq, or similar state, federal, or international law. Notwithstanding the foregoing, Artist/Donor shall have no obligation under this Section with respect to any Loss that is caused solely by the active negligence or willful misconduct of the City and is not contributed to by any act or omission (including any failure to perform any duty imposed by law) by Artist/Donor. Artist/Donor acknowledges and agrees that its obligation to defend in this Section: (i) is an immediate obligation, independent of its other DocuSign Envelope ID: 072EF5FF-2137-44D3-9167-C04955F4FB38 Item H.2
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5 obligations hereunder; (ii) applies to any Loss which actually or potentially falls within the scope of this Section, regardless of whether the applicable allegations are or may be groundless, false or fraudulent; and (iii) arises at and continues after the time the Loss is tendered to Artist/Donor.

9. Termination of Agreement
a. City’s Right to Terminate Agreement Before Expiration of the Term. Prior to the expiration of the term of this Agreement set forth in Section 2, the City may decide to remove the Artwork from public display and terminate this Agreement in accordance with the procedures established in Section 8 of the City’s Art in Public Places Policy. Prior to the meeting of the Art in Public Places Committee where the removal of the Artwork is being considered, the City shall provide written notice of the intent to remove the Artwork and terminate the Agreement to the Artist/Donor at the address listed in Section 18 of this Agreement. b. Artist/Donor’s Right to Terminate Agreement Before Expiration of the Term. Prior to the expiration of the term of this Agreement set forth in Section 2, the Artist/Donor may provide written notice of Artist/Donor’s intent to terminate this Agreement to the City, at the address listed in Section 18 of this Agreement. Upon receipt of Artist/Donor’s notice of termination, the City shall follow the procedures specified in Section 8 of the City’s Art in Public Places Policy.

Artist/Donor shall be solely responsible for any and all costs incurred by the City in connection with removal of the Artwork in the event Artist/Donor elects to terminate this Agreement prior to the expiration of the term set forth in Section 2. Artist/Donor shall pay any such costs within thirty (30) days of receiving a written invoice from the City.

10. Installation and Removal of Artwork
The City will have authority over the installation and removal of the Artwork. The City and Artist/Donor have jointly developed a plan for installation and removal of the Artwork in a manner that is cost-effective as well as protective of City property and the Artwork. That plan is attached to this Agreement as Exhibit B. Artist/Donor shall take all actions reasonably necessary to facilitate and permit implementation of the plan described in Exhibit B, including making the Artwork available on a timely basis. Artist/Donor shall also be solely responsible for any and all activities identified in Exhibit B as being the responsibility of Artist/Donor. The City has obtained funding from the Orinda Park and Recreation Foundation to cover the cost of those activities described in Exhibit B that are not identified as being the responsibility of Artist/Donor. This commitment of the Orinda Park and Recreation Foundation is memorialized in an agreement with the City dated September 21, 2018, and titled Public Artwork Funding Agreement.

In light of the Artist/Donor’s commitment to comply with the plan described in Exhibit B and the financial commitment made by the Orinda Park and Recreation Foundation, the City is not anticipated to bear any costs associated with the installation and removal of the Artwork. If the City incurs any unanticipated costs as a result of any failure by Artist/Donor to carry out DocuSign Envelope ID: 072EF5FF-2137-44D3-9167-C04955F4FB38 Item H.2
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6 obligations under this Agreement and/or the plan contained in Exhibit B, Artist/Donor shall reimburse the City for those costs. Artist/Donor shall pay any such costs within thirty (30) days of receiving a written invoice from the City.

Artist/Donor will promptly respond to and cooperate with the City’s efforts to remove the Artwork from public display upon termination or expiration of this Agreement. If the City determines that the Artist/Donor is not promptly responding to and cooperating, the City may provide Artist/Donor with notice of its intent to remove the Artwork from public display without the cooperation of Artist/Donor and to invoice Artist/Donor for its costs as described above.

If the Artwork can be removed from public display without significant damage to the Artwork or the site where the Artwork is installed, the City shall take reasonable precautions to minimize alteration of the Artwork during removal. If the Artwork cannot be removed from public display without alteration of the Artwork (e.g., it is incorporated into a building), Artist waives any and all such claims, and any rights granted under the Visual Artists Rights Act, the California Art Preservation Act, or similar law, against the City, its agents, officers and employees, for alteration of the Artwork.

11. Choice of Law & Venue
This Agreement shall be governed by the laws of California. The venue for all litigation or other disputes relative to this Agreement shall be the Superior Court for the County of Contra Costa.

12. Captions
Section headings are for reference only and shall not be used to interpret this Agreement.

13. Severability
If any provision hereof is found to be invalid or unenforceable, such finding shall not affect the validity of any other provision hereof; and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.

14. No Waiver
Any failure to enforce any right or to require performance of any provision of this Agreement shall not be considered a waiver of such right or performance.

15. Entire Agreement
This Agreement, including the attached and incorporated exhibits, contains the entire agreement between the parties, and supersedes all other oral or written provisions.

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7 16. Provisions that Survive Termination of this Agreement Sections 4, 5, 6, 8, 10, and 11 shall survive the termination of this Agreement or the expiration of the term of this Agreement.

17. Modifications and Amendments
No amendment or modification to this Agreement shall be effective unless it is in writing and signed by authorized representatives of each of the parties hereto.

18. Notices
a. Unless otherwise indicated in this Agreement, all written communications sent by the parties may be made by U.S. Mail, email, or fax, and shall be addressed as follows:

City of Orinda Gyongy Laky
Parks and Recreation 1757 Grant Avenue
28 Orinda Way San Francisco, CA 94133
Orinda, CA 04563 (415) 398-6745

b. Artist/Donor shall provide written notice to City of any change in address, or change in ownership of the Artwork, within thirty (30) days of such change.

19. Binding Effect
a. The provisions, covenants, and conditions in this Agreement shall inure to and bind the parties, their legal heirs, representatives, successors, and assigns. b. If Artist/Donor transfers ownership of the Artwork during the term of this Agreement, all rights and obligations of Artist/Donor under this Agreement shall be transferred to the successor owner of the Artwork, and said successor owner shall be bound by this Agreement.

20. Enforcement
In the event of litigation between the parties arising out of this Agreement, the prevailing party shall recover its costs of litigation, including attorney’s fees.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by having their signatures affixed below.

City of Orinda Artist/Donor
DocuSign Envelope ID: 072EF5FF-2137-44D3-9167-C04955F4FB38 Item H.2
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8 David Biggs Gyongy Laky
City Manager Artist
Attest:

Sheri Smith
City Clerk
DocuSign Envelope ID: 072EF5FF-2137-44D3-9167-C04955F4FB38 2/9/2024
2/9/2024
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10 EXHIBIT A
City of Orinda
Public Art Application
Date: 1/22/2024
Artwork Name: Geometer’s Choice
Proposed Location/address: City Hall foyer
Proposed by: Shelley Hubner Phone: (415) 640-5509
Email [email protected]

Artist Name: Gyongy Laky
Phone: (415) 398-6745 Email: [email protected]
Address: 1757 Grant Avenue, San Francisco, CA 94133
Description of Artwork: (Include materials, finish and color) Apple and Plum wood, copper nails

Approximate Weight: 1-2 lbs Approximate Dimensions: 50” x 50” x 1”

System for mounting or displaying artwork:

Hang on wall according to artist’s written instructions Maintenance, Mounting or Display Requirements:

Occasional light dusting

Artwork Value: $7,000 Approximate Annual Maintenance Costs: Nil Basis for value:
( X ) Published in gallery catalog or other media; e.g. price list, website ( X ) Comparable to similar works sold
( ) Other:

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11 Term of Loan: Approximately two years
Please attach
• Photo, plan, model or other representation of proposed artwork • Artist biography
• Information for artwork signage
Signage Detail
Name: Geometer’s Choice

Artist: Gyongy Laky
Material: Apple and Plum wood, vinyl coated nails
Contact plaque: [email protected]
Associated websites: www.gyongylaky.com
DocuSign Envelope ID: 072EF5FF-2137-44D3-9167-C04955F4FB38 Item H.2
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12 Exhibit B
Plan for Installation and Removal of Artwork
Installation and de-installation (removal) of the Artwork by Artist/Donor, which will be on loan to the City of Orinda will require the participation and cooperation of the Artist/Donor and the City as follows:

Responsible Party
(check appropriate column)
Schedule for Installation and De-installation
The City and the artist will choose a mutually convenient date for these activities.

NOTES AND ADDITIONAL SPECIFICATIONS
Artist/Donor City

1. Transport to Orinda from San Francisco (X) ( )

2. Transport back from Orinda site to San Francisco (X) ( )

3. Install the Artwork at the Orinda site (X) (X)

4. Remove the artwork from the Orinda site (X) (X)
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CITY COUNCIL STAFF REPORT
Department: Planning
Meeting Date: February 17, 2026
SUBJECT:

Update on the Transit-Oriented Communities Policy and Acceptance of a $300,000 Parking Management Grant from the Metropolitan Transportation Commission (MTC) EXECUTIVE SUMMARY:

In November 2024, the City was awarded a $300,000 grant to fund consultant services for a comprehensive evaluation of parking strategies in Downtown Orinda. The Metropolitan Transportation Commission (MTC) established compliance with its TransitOriented Communities (TOC) Policy as a prerequisite for future funding eligibility under the upcoming fourth round of One Bay Area Grant Funding (OBAG 4) in Fiscal Years 2026-30.

To address this uncertainty, the proposed Resolution specifies that the City commits to evaluating the suitability of policies emerging from the grant funded work. Future implementation of any resulting parking management strategies remains at the City Council’s discretion, determined primarily by alignment with Orinda’s local needs. While the study scope anticipates analysis of potential TOC guidelines, acceptance of this technical assistance grant does not mandate compliance with TOC Policy.

RECOMMENDATION:

Take the following actions:

1. Adopt Resolution 09-26, accepting a $300,000 grant for technical assistance for parking management in Downtown Orinda;

2. Defer consideration of any formal commitment to MTC TOC Policy compliance until the assessment methodology has been finalized by MTC.

BACKGROUND:

In October 2024, MTC issued a Call for Projects for jurisdictions seeking technical assistance to support work necessary to come into compliance with TOC Policy.

In November 2024, the City of Orinda submitted a TOC grant application and was subsequently awarded $300,000 to fund consultant services for evaluating parking strategies and management policies in Downtown Orinda. The grant provides technical assistance to assess potential adjustments to parking requirements, to explore transportation demand management measures, and to consider, recommend, and draft alternative policies and programs that could be suitable for the Downtown area.

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Overview of the MTC Transit Oriented Communities Policy While the framework for how jurisdictions are to be evaluated for compliance with TOC Policy remains undetermined, the intent of the TOC Policy is to establish land use and policy standards for jurisdictions with fixed-guideway transit stations. For the City of Orinda, this policy applies to the area within a one-half mile radius of the Orinda BART Station. The policy evaluates jurisdictions across four key areas: density, affordable housing policies, parking management, and station access.

On January 21, 2025, Staff presented on the TOC Policy and provided initial considerations related to Orinda’s compliance. For more information on this, view the agenda, meeting materials, and minutes at
https://orindaca.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=3499 Relationship to One Bay Area Grant (OBAG) Funding
The One Bay Area Grant (OBAG) program is the primary mechanism for distributing federal transportation funds to Bay Area jurisdictions. For the upcoming OBAG 4 cycle (FY 2026-27 through FY 2029-30), MTC has proposed TOC Policy compliance as a potential prerequisite for funding eligibility.

On January 28, 2026, the MTC Commission adopted Resolution 4740, which formally approved the OBAG 4 framework. The OBAG 4 framework includes $365 million in funding for the County Program (which funds local priority projects selected by MTC and the County Transportation Agencies) and $360 million in funding for the Regional Program (which supports implementation of MTC priority projects and programs). Of these funds, only the $45 million in set-aside funds for TOC under the Regional Program would potentially be tied to TOC Policy compliance evaluation.

For more information on OBAG 4 and TOC Policy, see the January 28, 2026, MTC Commission agenda item and materials at:
https://mtc.legistar.com/LegislationDetail.aspx?ID=7829335&GUID=022698C5-65B1- 423E-A5CF-1537A62A04AD
Under the framework for prior OBAG cycles, which do not incorporate TOC policy, the City of Orinda secured approximately $1.3 million to fund sidewalk improvements, Ivy Drive pavement preservation, and Orinda Way pavement rehabilitation.

TOC Policy: Parking Management
TOC Policy requires specific parking management policies to be implemented within the half mile-radius TOC area, which comprises most of Downtown Orinda. Additionally, the TOC Policy requires adoption of only one complementary parking management strategy for the TOC area, selected from a menu of five options. These include:

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1. Transportation Demand Management Policy for New Development: Require provision and enforcement of transportation demand management strategies by developers and/or property owners proposing new development.

2. Curb Strategy/Management: Implement a strategy to manage curb access based on variable needs over time.

3. Parking Benefit District (PBD): Invest parking revenues into a PBD to fund streetscape, safety, and TDM programs.

4. Demand-Responsive Pricing: Price parking according to level of convenience and demand.

5. Priced Parking: Adding priced parking where it used to be free.

Orinda does not currently implement any of these policies.

DISCUSSION:

Staff recognizes that the MTC’s TOC Policy is currently in a state of regulatory flux.

Although MTC has designated TOC compliance as a prerequisite for future OBAG 4 funding, the administrative mechanisms for evaluating that compliance are still under development. This leaves open the question of how communities will be assessed, including whether MTC will eventually enforce a strict pass/fail standard or adopt a tiered scoring system that permits lower thresholds for eligibility that would enable Orinda to participate at a level suitable for the community. Consequently, Staff recommends the City Council defer discussion of any formal commitment to compliance standards until they are established.

The proposed resolution commits the City to a good-faith effort of considering any policy and program recommendations that emerge from the funded work. Implementation would be at the Council’s discretion and require alignment with City goals.

The technical assistance offered by the parking grant is particularly timely given the City’s implementation of its 6th Cycle Housing Element, which involved the rezoning of 26 sites within the Downtown areas to accommodate increased residential density. Staff anticipate a shift in land use intensity that will require a more coordinated approach to parking management to prevent impacts to existing infrastructure. The grant funds can be used to a consider, recommend, and draft alternative policies and programs that are suitable for the evolving needs of the Downtown area.

The grant application (attachment B) includes the full scope of work as originally proposed, which is subject to additional modification to align with City goals for managing parking strategies in the Downtown. The initial scope of work includes tasks such as:

A. Provide a comprehensive review of existing policies and requirements a. Possible deliverables: draft and final existing policy memo B. Perform outreach to gather the input of stakeholders, including residents, developers, businesses, etc.
a. Possible deliverables: stakeholder engagement plan, outreach materials Item H.3
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C. Determine approach for achieving parking maximums.
a. Possible deliverables: existing code language and modifications needs; draft and final recommendations for revisions
D. Develop Parking & Transportation Demand Management (PTDM) Policy and strategies
a. Possible deliverables: policy document
The following are topics that Staff would pursue through the approved scope of work as well as refinements to be coordinated with the consultant during a kickoff meeting:

1. Transportation Demand Management
Transportation Demand Management (TDM) includes a series of policies that would be required by developers and/or property owners proposing new development that could impact transportation. Sample policies include subsidies for sustainable commute modes, pre-tax commuter benefits for employees, and priority rideshare parking.

In addition, the TDM policy would be consistent with and compliment the Mitigation and Monitoring Reporting Program (MMRP) of the Revised Plan Orinda Final Environmental Impact Report by assessing policy options. The MMRP’s TRA-1, Implement Vehicle Miles Traveled (VMT) Reduction Measures, states:

Individual housing project development proposals that do not screen out from VMT impact analysis shall provide a quantitative VMT analysis. The City shall require travel demand management measures and physical measures to reduce VMT for projects that result in a significant impact.

2. Parking minimums and maximums
Some of the overview policies to compare and consider with Orinda’s existing conditions would include maximum residential parking and commercial office parking, minimum residential and commercial office bicycle parking, shared parking and unbundled parking.

3. Parking Management District
A parking management district is a designated area where parking resources are managed collectively to help optimize limited parking supply, support local businesses, and reduce parking pressures. Such a parking management district would act as the “umbrella” for a series of policies. Policies could take into consideration the current parking resources in Downtown Orinda, as well as BART parking, and how to effectively network and manage these resources.

4. BART Parking Management
BART staff have explicitly signaled an interest in coordinating with the City of Orinda and MTC on parking management strategies. Incorporating BART’s participation into the grant-funded study would allow the City to better coordinate the total parking supply between both City and BART resources, assess mechanisms for better utilization of BART parking inventory in support of downtown events and commercial use.

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FISCAL IMPACT:

None.

STRATEGIC PLAN INITIATIVE:

3.a – Facilitate the development of high-quality mixed-use projects.

3.d – Revisit Connect Orinda, explore new ideas to create vitality within the public right of way, and report on the most effective strategies for economic development.

ATTACHMENTS:

A. Proposed City Council Resolution 09-26
B. MTC 2024 TOC Parking Management Grant Application
Respectfully Submitted by,
Lashun Cross, Director of Planning
Approved By:

Linda Smith, City Manager
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RESOLUTION NO. 09-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
ACCEPTING A $300,000 PARKING MANAGEMENT GRANT FROM THE METROPOLITAN

TRANSPORTATION COMMISSION (MTC) FOR TECHNICAL ASSISTANCE, AND

COMMITTING TO CONSIDER THE IMPLEMENTATION OF POLICIES AND

RECOMMENDATIONS EMERGING FROM THE GRANT-FUNDED STUDY
WHEREAS, the economic vitality and vibrancy of Downtown Orinda rely on an efficient, accessible, and user-friendly parking system that supports local businesses, serves residents, and accommodates visitors; and
WHEREAS, the City’s 6th Cycle Housing Element rezoned 26 sites in the Downtown for new housing, which will intensify demand on shared infrastructure, underscoring the critical need to coordinate and optimize parking resources to support existing businesses and civic activity while planning for future residential growth; and WHEREAS, the TOC Policy incentivizes local jurisdictions to plan and zone for higher residential and commercial densities in areas within one half-mile of existing and planned fixed-guideway transit stops and stations to support the region’s transit investments and implement key GHG reduction strategies from Plan Bay Area 2050; and
WHEREAS, incentivizing local jurisdictions to also adopt policies focused on increasing housing production of all types, particularly affordable housing production, preservation and protection, commercial anti-displacement and stabilization, parking management, and transit station access and circulation further supports regional transit investments and Plan Bay Area 2050 implementation; and
WHEREAS, in 2023 MTC identified the Orinda BART station as a TOC Station in the City of Orinda; and
WHEREAS, MTC conditions the allocation of regional discretionary funding for fixed-guideway transit extension projects on compliance with the TOC Policy; and WHEREAS, MTC anticipates that future regional funding, such as the One Bay Area Grant (OBAG) program, will consider compliance with the TOC Policy as part of the prioritization and project selection process starting with OBAG 4, expected in 2026; and
WHEREAS, the TOC Policy establishes different compliance expectations for existing and planned station areas based on the level of transit service; and WHEREAS, the TOC Policy identifies four TOC Policy areas (density, housing Item H.3
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affordability, parking, and access/circulation); and
WHEREAS, on September 30, 2024 the MTC announced a Call for Projects for Transit Oriented Communities (TOC) Planning and Implementation Grants, and informed local jurisdictions of a November 22, 2024 deadline for submittals of Applications, as well as grant application guidance and requirements including compliance with the Transit Oriented Communities Policy; and WHEREAS, that City of Orinda Planning Staff submitted a Parking Management grant application to MTC for $300,000 for technical assistance to assess parking management strategies for Downtown Orinda in response to the MTC’s Call for TOC Planning and Implementation Projects.

NOW THEREFORE BE IT RESOLVED, that the City of Orinda accepts a Parking Management grant award from MTC for $300,000.

BE IT FURTHER RESOLVED, that the City of Orinda commits to completing the associated Parking Management TOC grant work scope(s) following an MTC grant award by applying for these funds.

BE IT FURTHER RESOLVED, that the City of Orinda commits to a good faith review of the relevant plans, policies, or zoning updates emerging from the work completed through the Parking Management technical assistance grant with the express intent of adopting and implementing those parking management strategies determined to be feasible and effective for Downtown Orinda.

ADOPTED by the City Council of the City of Orinda at a regular meeting of the Council held on February 17, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
Item H.3
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2024 TRANSIT-ORIENTED COMMUNITIES (TOC) PLANNING &
IMPLEMENTATION GRANTS - Parking Management Application Form

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Orinda City CouncilFebruary 17, 2026

Orinda City Council
February 17, 2026