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Agenda packet

Orinda City Council
March 3, 2026

Document
Agenda packet
Meeting
March 3, 2026
Body
Orinda City Council
Pages
155
Original file
22.6 MB
Text extracted from the city's file for reading and search. Open the original on pub-orinda.escribemeetings.com. That file is the official record.

CITY COUNCIL

REGULAR MEETING AGENDA

AMENDED
Tuesday, March 03, 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

NOTICE OF TELECONFERENCE MEETING
Pursuant to Government Code Section 54953, Subdivision (b), this meeting will include teleconference participation by Councilmember Cara Hoxie from:
62-146 Kamahoi Place,, Kamuela, Hawaii 96743
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.

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

PLEDGE OF ALLEGIANCE

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

ITEMS FOR THE GOOD OF THE CITY
Introduce New Employees - Cole Haselip, Assistant to the City Manager and Estela Ramirez, Management Analyst
Certificate of Recognition - American Red Cross Month

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 7
The City Council will consider approval of the Meeting Minutes of:

1. February 17, 2026, 5 p.m. Study Session

2. February 17, 2026, Regular Meeting
RECOMMENDATION:

Approve City Council Minutes of:

1. February 17, 2026, 5 p.m. Study Session

2. February 17, 2026, Regular Meeting
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D.1
D.2
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F.1
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Repeal and Replace the City of Orinda’s Municipal Code Chapter

8.20, Fire Safety, with this Chapter that Reflects the City’s Ratification of MOFD Ordinances 26-01 and 26-02

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The City Council will consider ratification of Moraga-Orinda Fire District (“MOFD”) Ordinances 26-01 and 26-02. These ordinances adopt the 2025 California Fire Code and, by reference, the 2024 International Fire Code, and the 2025 California Wildland-Urban Interface Code, and modifications to those codes to reflect local conditions with associated findings. The City Council will also consider the introduction of City of Orinda Ordinance 26-04 to repeal and replace the City of Orinda’s Municipal Code Chapter 8.20, “Fire Safety,” with a version of this Chapter that reflects the City’s ratification of MOFD Ordinances 26-01 and 26-02.

RECOMMENDATION:

Take the following actions:

1. Adopt Resolution 11-26 ratifying MOFD Ordinance 26-01, which adopts the 2025 California Fire Code and, by reference, the 2024 International Fire Code, and makes modifications to those codes to reflect local conditions, and includes MOFD’s Findings of Fact that the proposed amendments are reasonably necessary because of local climatic, geological, or topographical conditions.

2. Adopt Resolution 12-26 ratifying MOFD Ordinance 26-02, which adopts the 2025 California Wildland-Urban Interface Code, and makes modifications to those codes to reflect local conditions and includes MOFD’s Findings of Fact that the proposed amendments are reasonably necessary because of local climatic, geological, or topographical conditions.

3. Introduce Ordinance 26-04 to repeal and replace the City of Orinda’s Municipal Code Chapter 8.20, Fire Safety, with an updated version of this Chapter that reflects the City’s ratification of MOFD Ordinances 26-01 and 26-02, waiving a full reading of the text.

Municipal Pooling Authority Joint Exercise of Powers Agreement Page 86 The City Council will consider Resolution 14-26 to approve the Amended and Restated Joint Exercise of Powers Agreement (JPA) with the Municipal Pooling Authority. The Authority is updated portions of its Agreement to reflect recently reviewed revisions, both substantive and minor in nature.

RECOMMENDATION:

Adopt Resolution 14-26 Approving the Amended and Restated Municipal Pooling Authority Joint Exercise of Powers Agreement for providing Property, Workers' Compensation, Public Liability, and Other Insurance Coverages.

F.2
F.3
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Budget Increase for Off-leash Dog Park Project (CIP #5024) Page 110 The City Council will consider a budget increase for CIP #5024 in order to fund the improvements associated with installing fencing at Orinda Oaks Park and Open Space. The current CIP budget for this project is $45,000, and therefore supplemental budget of $28,000 is needed in order to build the project.

RECOMMENDATION:

Approve Budget Change Form #011-26, appropriating $28,000 from Fund 700 for the Dog Park Project.

PUBLIC HEARING

POLICY MATTERS
City of Orinda 2026 Legislative Platform Page 115
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.

Infrastructure Committee Report of Activities, Including Framework for Acceptance of Private Roads

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The City Council will receive a report from the Infrastructure Committee on its work plan efforts, including a framework for revisions to the City’s Private Road acceptance policy. The Infrastructure Committee is seeking direction on the proposed framework before its next meeting later this month.

RECOMMENDATION:

Receive update from the Infrastructure Committee and provide feedback on the framework.

Housing Law Senate Bill 1123 Study Session Page 146
The State of California recently expanded the Starter Home Revitalization Act (Government Code § 66499.41 and § 65852.28) through SB 1123 and AB 130, mandating ministerial approval for subdivisions of up to 10 units on eligible vacant single-family parcels. Because state law explicitly grants local agencies the authority to determine whether Accessory Dwelling Units (ADUs) and Junior Accessory F.4
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H.

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H.2
H.3
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Dwelling Units (JADUs) are permitted on these newly created small-lot parcels, and also grants local agencies the authority to determine whether an SB 9 lot split may occur on a parcel previously subdivided through the Starter Home Revitalization Act, this report outlines the baseline developmental requirements of the Act, provides an overview of other relevant state laws that have impacted single family residential development in Orinda, and requests that the City Council provide direction on options to establish local regulations for future ADU entitlements or SB 9 lot splits on parcels created through Government Code § 66499.41 subdivisions.

RECOMMENDATION:

Receive this report and provide policy direction regarding the preferred approach to parcels subdivided pursuant to the amended Starter Home Revitalization Act regarding a) allowing or disallowing ADUs and JADUs, and b) disallowing further ministerial subdivision pursuant to urban lot splits (Government Code § 66499.41).

Discussion Regarding Possible Joint Meeting with Town of Moraga and Moraga-Orinda Fire Protection District

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The City Council will discuss the possibility of a joint meeting with the Town of Moraga and the Moraga-Orinda Fire Protection District. This was a Matters Initiated from the February 3, 2026, City Council meeting.

RECOMMENDATION:

Provide direction to Staff.

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.

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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. ~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: March 3, 2026
SUBJECT:

Approval of City Council Minutes
EXECUTIVE SUMMARY:

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

1. February 17, 2026, 5 p.m. Study Session

2. February 17, 2026, Regular Meeting
RECOMMENDATION:

Approve City Council Minutes of:

1. February 17, 2026, 5 p.m. Study Session

2. February 17, 2026, Regular Meeting
STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. City Council Minutes of February 17, 2026, 5 p.m. Study Session B. City Council Minutes of February 17, 2026, Regular Meeting

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

Linda Smith, City Manager
Item F.1
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Orinda City Council Special Meeting Page 1 of 4 02.17.26 FEBRUARY 17, 2026

CITY OF ORINDA

CITY COUNCIL SPECIAL 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]). 5:00 P.M. – SPECIAL MEETING– SARGE LITTLEHALE COMMUNITY ROOM A. CALL TO ORDER / ROLL CALL:

Mayor Iverson called the Special Meeting to order at approximately 5:00 p.m.

COUNCILMEMBERS PRESENT: Cara Hoxie, Latika Malkani, Janet Riley Mayor Brandyn Iverson, Vice Mayor Darlene Gee
COUNCILMEMBERS ABSENT: None
B. ADOPTION OF AGENDA
MOTION by Mayor Iverson, and seconded by Councilmember Hoxie, to adopt the agenda. Said motion carried by unanimous (5-0) vote.

C. STUDY SESSION
C.1 Study Session to Review Traffic Circulation and Safety Improvements at and around the Ivy Drive Neighborhood
The City Council will hold a study session to consider proposed changes for safety improvements at various intersections near the Ivy Drive Neighborhood, including Moraga Way, Ivy Drive, Coral Drive, Ardith Drive and El Camino Moraga. This study session was at the request of the City Council, following a discussion in July 2025. The City Council requested additional data and a more holistic approach that considered other school safety improvements.

RECOMMENDATION:

Review and provide direction on the following Staff recommendations:

1. Remove the existing “No Left Turn” signs at southbound Moraga Way/Ivy Drive (north) intersection;

2. Change existing time restriction on “No U-Turn/No Left Turn” signs on southbound Moraga Way at Southwaite Court and Whitehall Drive;

3. Install new “No Right Turn” sign at southbound Ivy Drive at Ardith Drive;

4. Modify traffic signal timings at Coral Drive and Ivy Drive (south) intersections on Moraga Way;

5. Add STOP sign and additional striping changes on Coral Drive at Ardith Drive/Court; and
Item F.1
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Orinda City Council Special Meeting Page 2 of 4 02.17.26

6. Implement NO PARKING restriction on Eastbound El Camino Moraga near the exit driveway at Del Rey Elementary.

City Manager Smith introduced the item and stated at the Council’s request, staff is holding a study session to review traffic circulation and safety improvements at and around the Ivy Drive neighborhood, along Moraga Way, and around school sites. She then introduced Ryan O’Kane, Senior Engineer and Joy Bhattacharya from Advanced Mobility Group who gave the presentation.

Councilmembers then posed questions regarding enforcement and safety efforts near school sites and intersections, number of students during certain days and periods, consideration to change the school start times, school schedules, and percentage of OIS students riding buses.

Dr. Aida Glimme provided a brief overview of police presence, student behaviors for walking, biking, busing, safety, and circulation.

Council questions ensued regarding signal timing priorities, improvements for signals, drive times to school, cut-through traffic, the number of people ignoring no-left-hand turn sign, whether MOFD allows speed cushions on Ardith, the length required to complete the sidewalk on Coral, pushing for calming measures on Ivy Drive and incentivizing people not to turn right on Ardith which is the third recommendation.

Police Chief Rossi then addressed questions regarding traffic exemptions for teachers which are now allowed, cameras that could provide a mechanism for enforcement that do not rely on an officer, and whether the Chief thought any of the recommendations would be less effective in making things safer. Chief Rossi said he can follow-up on the camera question, and he relies on engineering and data regarding recommendations.

Mayor Iverson opened the Public Forum.

Eileen Shyre of Ardith Drive raised concerns about reckless driving since the no-left-turn timing no longer aligns with the school bell schedule. She questioned the high volume of cut-through traffic, emphasized the need to keep drivers out of the Ivy Drive neighborhood for safety, and referenced a letter in Attachment G from Dorren Marr.

Lisa Rudolph questioned whether all through-traffic goes directly to Miramonte, noting some vehicles first drop off at OIS. She highlighted 60 families using Ivy Drive daily, delays of up to three signal cycles before 8 a.m., illegal turns on Coral, and called on the City to increase bus service.

Emily Pullhardt of Ardith Court noted that a sidewalk on the north side of Coral at Ardith was not included in the recommendations, highlighted the lack of sidewalks, speeding, and unsafe driving, questioned removing a pedestrian safety measure due to noncompliance, and called for a comprehensive safety plan and coordination with the school district to adjust start times.

Item F.1
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Orinda City Council Special Meeting Page 3 of 4 02.17.26 Nicole Cartamagill said she walks her child to school and strongly supports the stop sign at Coral and Ardith, as well as the proposed striping on Coral, including edge and center lines. She urged prioritizing completion of the sidewalk on Coral from Ardith to Moraga Way, noting children walk in the roadway while Miramonte drivers speed through the area, warning of a potential tragedy, and describing racing, cut-through traffic, and signal timing issues.

Rodrigo Amata echoed prior speakers, supported a four-way stop at Coral and Ardith, and, as a nearby resident, cited speeding and safety concerns while urging implementation of all recommendations and completion of sidewalks.

Jeff Bonn, who lives one mile north of the school area, said his neighborhood faces similar issues with drivers bypassing Moraga Way and cutting through Orchard. He asked and confirmed that no speed studies were conducted on Ardith between 8:00 and 8:30 a.m., despite concerns about speeding.

Carol Reed said she drives to OIS and thinks priorities are for teachers to be able to turn left, improve safety on Coral, and she asked for enforcement of the speed limit.

Councilmembers provided ideas and remarks, as follows:
• Requested putting the 4-way stop in at Ardith and Coral • Changing the lights to see if that has a positive impact • Did not favor removing the no-left-turn sign
• Consider other things that can be done to stop cut-through traffic • Asked to prioritize funding and bring to Council the completion of the sidewalk from Coral to Moraga Way
• Voiced support of signal timing modifications and school bell schedule changes • Encouraged buses to Miramonte
• Voiced concerns with speeding and safety
• Supported cameras for traffic safety
• Supported potentially having the no-left-turn sign on both ends • Recommended increasing enforcement
• Continue studying the area
• Voice support of a pilot program to remove the no-left-turn sign • Supported smart signals to make it longer to do the shortcut and shorter to be on Moraga Way as the solution
• To communicate the issues to all three school communities with timing and ticketing
• Consider temporary lane protectors or bollards
• Consider Ardith speed bumps
• Receive comments from police about getting bikes across Ivy • Address inconsistent sidewalks on Ivy
• Find a solution for the other cut-through to Eastbrook off of Top • Address parking in neighborhoods on weekends, and
• Install a second sign at the top of Coral.

Item F.1
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Orinda City Council Special Meeting Page 4 of 4 02.17.26 Regarding next steps, Councilmembers asked for staff to schedule another study session, voiced support of a pilot program, and requested more information on what might be done in terms of enforcement.

D. ADJOURNMENT
The Special Meeting was adjourned at approximately 6:57 p.m. to the Regular City Council Meeting at 7:00 p.m. and, thereafter, to Tuesday, March 3, 2026 at 7:00 p.m. ______________________________
Sheri Marie Smith, City Clerk
Item F.1
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Orinda City Council Minutes Page 1 of 11 02.17.26
FEBRUARY 17, 2026

CITY OF ORINDA

CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed on the City’s website meeting calendar. They are also kept in the City Clerk’s Office as part of the public record and available upon request ([email protected]). 7:00 P.M. – REGULAR MEETING– ORINDA LIBRARY AUDITORIUM
A. CALL TO ORDER / ROLL CALL:

Mayor Iverson called the Regular Meeting to order at approximately 7:00 p.m.

COUNCILMEMBERS PRESENT: Cara Hoxie, Latika Malkani, Janet Riley Mayor Brandyn Iverson, Vice Mayor Darlene Gee
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Iverson.

C. ADOPTION OF AGENDA
MOTION by Mayor Iverson, and seconded by Councilmember Malkani, to adopt the agenda. Said motion carried by unanimous (5-0) vote.

D. ITEMS FOR THE GOOD OF THE CITY – None.

E. PUBLIC FORUM
Reed Robertson, Orinda, spoke about insurance costs and increases as a big problem and asked the Council to discuss this with their Assemblywoman Rebecca Buer-Kahan, Senator Tim Grayson, and Insurance Commissioner Ricardo Lara.

F. CONSENT CALENDAR
Mayor Iverson asked if Councilmembers or the pubic wished to remove any items. Item F.3 was requested for removal and there were no public comments.

City Manager Smith reported receipt of a letter from Nick Waranoff regarding Item F.5; however, Mr. Waranoff is not present and if the Council wished to pull the item, they could.

F.1 Approval of City Council Minutes
Approve City Council Minutes of:

1. February 3, 2026, Regular Meeting
F.2 Investment Report for the Quarter Ending December 31, 2025 Item F.1
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Orinda City Council Minutes Page 2 of 11 02.17.26
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.

F.4 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 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.

F.5 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 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.

Item F.1
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Orinda City Council Minutes Page 3 of 11 02.17.26
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 Overriding Considerations for Those Impacts that were Found to be Significant and Unavoidable.

MOTION by Mayor Iverson moved, and seconded by Vice Mayor Gee to approve Consent Calendar Items F.1, F.2, F.4, and F.5. Said motion carried by unanimous (5-0) vote.

Item Removed from Consent Calendar:

F.3 AB 2561 Report on the Status of Vacancies and Recruitment and Retention for Calendar Year 2025 (Public Hearing)
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.

Vice Mayor Gee thanked the City Manager and senior staff for providing an overview of the City’s report on the status of employment, employees, and turn-over. She thanked all employees, noting that the low turn-over rate and the ability to have continuity to keep talented and valuable staff is important for such a small community.

Mayor Iverson opened the public hearing. There were no speakers and she closed the public hearing.

MOTION by Vice Mayor Gee moved, and seconded by Councilmember Malkani to approve Consent Calendar Item F.3. Said motion carried by unanimous (5-0) vote.

G. PUBLIC HEARING – None.

H. POLICY MATTERS
H.1 Art in Public Places Committee 2025 Annual Report
Item F.1
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Orinda City Council Minutes Page 4 of 11 02.17.26
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 Parks and Recreation Director Todd Trimble introduced the item and introduced the Rich Thompson, Chair and Shelley Hubner, Vice Chair of the Art in Public Places Committee (APPC).

Rich Thompson, Chair of the APPC, provided an overview of art in public places and their annual report, highlighting goals and objectives for the year.

Councilmembers recognized the APPC for their extraordinary work and for coordinating local art throughout the City, received clarification regarding changes in membership, borrowed versus owned art, future renewal of expired loaner art agreements, a request to rotate art to the extent possible, commented on the educational aspect of pieces and sharing information on the City’s website, and requested future discussion regarding space by the Welcome to Orinda sign on City land that could be used for art.

Mayor Iverson opened the Public Forum, and there were no speakers.

Mayor Iverson and Councilmembers thanked the APPC, encouraged more borrowed versus owned art, to come current on art contracts, to consider future art on City-owned lands, and also thanked the Orinda Community Foundation and APPC.

MOTION by Vice Mayor Gee moved, and seconded by Councilmember Malkani to accept the Art in Public Places Committee 2025 Annual Report. Said motion carried by unanimous (5-0) vote.

H.2 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.

RECOMMENDATION:

Approve Resolution No. 06-26 the Donation of Artworks by Kati Casida; Ted Urban; and Gyongy Laky
Parks and Recreation Director Todd Trimble gave the staff report and overview of the Council’s consideration to adopt Resolution No. 06-26 authorizing the City to accept the permanent donation of five currently loaned artworks recommended by the APP Committee.

Item F.1
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Orinda City Council Minutes Page 5 of 11 02.17.26
Director Trimble then presented and described the five donated art which are currently loaned pieces, their location, and said these are the pieces of art proposed to be permanently donated.

Councilmembers Riley and Hoxie asked, and Director Trimble described, each of the five pieces’ stories of their ownership, potential storage, their locations, potential disposal and obligations of the agreement.

Councilmember Malkani referred to the two inside hanging pieces; Silence, and Geometer’s Choice, asked for comment on the ownership expectations of those pieces and the artist.

Shelley Hubner, Vice Chair of APP Committee, shared that Gyongy Laky background in 1976 at the San Francisco Foundation. Laky, once a young fiber artist, is now an internationally recognized sculptor and Professor Emeritus at UC Davis. A refugee from Budapest who embodies the American dream, is downsizing, has offered to donate her works to the City of Orinda, and it would be unfortunate to decline the free donation.

Regarding other pieces, the City is lucky to have these special opportunities.

Mayor Iverson opened the Public Forum.

Shelley Hubner, Vice Chair of the APP Committee, expressed appreciation for serving on the Committee and highlighted the growth and reputation of Orinda’s public art program.

She noted the opportunity to accept donated works by four acclaimed artists currently on display, emphasizing that the pieces are well-received, complement existing art, and require minimal maintenance. While the Committee typically favors loaned works, she referenced prior Council actions accepting or purchasing select pieces and urged adoption of Resolution No. 06-26 to authorize the donations.

Councilmembers voiced support for accepting the donated artworks by Kati Casida, Ted Urban, and Gyongy Laky, thanked the artists and the APPC, and acknowledged the need for future Council discussion on the long-term direction of the program, including a suggestion to create a community art book.

MOTION by Councilmember Riley moved, and seconded by Councilmember Malkani to adopt Resolution No. 06-26, the Donation of Artworks by Kati Casida; Ted Urban; and Gyongy Laky. Said motion carried by unanimous (5-0) vote.

H.3 Update on the Transit-Oriented Communities Policy and Acceptance of a $300,000 Parking Management Grant from the Metropolitan Transportation Commission (MTC)
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.

Item F.1
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Orinda City Council Minutes Page 6 of 11 02.17.26
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. Consider suggestions for staff on potential additions to the scope of work that align with both City goals and TOC Policy;

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

Associate Planner Darin Hughes provided an overview of the Transit-Oriented Communities (TOC) Policy and a $300,000 Parking Management Grant awarded by MTC in November 2024. Due to ongoing uncertainty regarding TOC implementation and assessment criteria, staff recommended deferring any formal commitment to compliance until MTC finalizes its methodology.

The grant would fund a review of existing policies, evaluation of potential parking and transportation demand management strategies, and development of alternative policy options. Proposed parking revisions would focus on ensuring parking requirements do not constrain housing production. Resolution 09-26 commits the City only to consider recommendations in good faith and does not obligate adoption of TOC standards.

Staff recommends adoption of Resolution 09-26 to accept the grant and defer formal compliance. If approved, staff would work with MTC and a consultant over approximately 18 months, conduct public outreach, and return to the Planning Commission and City Council with updates as the TOC framework evolves.

City Manager Smith announced there were three recommendations listed on the agenda, but in the staff report, there were two recommendations, so she suggested the Council discuss the two recommendations.

Councilmembers discussed the scope and flexibility of the $300,000 MTC Parking Management Grant. Key points included:
• City discretion: Acceptance of the grant does not obligate the City to adopt TOC policies, and the funds may be retained even if no changes are implemented. • Timing considerations: Work could be delayed, but some analyses support previously adopted Plan Orinda EIR actions and Housing Element rezonings.

Much of the grant work focuses on parking management within a half-mile of the BART station, including the Village and Theater Districts.

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• Parking policy options: The grant could explore paid parking, “park once” strategies, shared parking, and Transportation Demand Management Plans, though these are not guaranteed recommendations. Reviewing parking minimums for housing may also be included, in alignment with AB 2097. • Community benefits: Grant-funded work aims to improve walkability, parking efficiency, and access downtown, supporting broader City and MTC objectives without imposing restrictive requirements on individual developments. • Local priorities: Updating outdated parking management plans, particularly for Theater Square, and considering BART-related parking impacts are key components. Past neighborhood parking issues and impacts on local businesses were noted.
• Consultant: MIG has been identified as the consultant for this project.

Overall, the discussion emphasized using the grant to develop practical, locally relevant parking and transportation strategies while retaining flexibility and aligning with regional priorities.

Mayor Iverson opened the Public Forum, and there were no speakers.

Vice Mayor Gee emphasized that past parking studies, including the major pre-COVID study, should be summarized to avoid duplicating prior work and to inform the current process. She also suggested looking at neighboring cities, like Lafayette, for insights on paid parking implementation.

Mayor Iverson described the situation as a “fork in the road,” noting that parking discussions are part of a broader shift toward urbanization and transportation demand management. She stressed that Orinda’s downtown is already under-parked and highlighted the need for shared parking strategies, particularly on the Theater District side, to support growth and walkability. While considering shared and possibly paid parking, she framed the grant as a strategic move with long-term policy implications rather than simply “free money.”
Councilmember Malkani supported moving forward with the grant, viewing it as aligned with Orinda’s long-term vision and helpful for future infrastructure funding, though she personally does not favor paid parking. She emphasized that all options should be explored to reduce car reliance.

Councilmember Riley expressed support for shared parking before considering paid parking, noted the benefit of having a written plan to guide future development, and raised enforcement concerns. Mayor Iverson and City Manager Smith clarified that State law already limits parking minimums within a half-mile of BART, making shared parking strategies critical, and that enforcement and metered parking typically go hand-in-hand, though the City currently has dedicated staff for parking enforcement.

MOTION by Councilmember Malkani moved, and seconded by Councilmember Riley to adopt Resolution 09-26, accepting a $300,000 grant for technical assistance for parking management in Downtown Orinda; and defer consideration of any formal commitment to MTC TOC Policy compliance until the assessment methodology has been finalized by MTC. Said motion carried by unanimous (5-0) vote.

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H.4. Orinda BART Station – Update from BART Board Workshop from February 12.

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.

City Manager Smith and Planning Director Lashun Cross provided updates on BART’s efforts to address its ongoing budget deficit. The Board is evaluating operational reductions, including potential phased station closures, with Orinda among the top ten stations at risk if a proposed half-cent sales tax measure in Contra Costa County does not pass. Even with the measure, BART anticipates a $70 million shortfall over the next five years.

The BART Board outlined a three-phase contingency plan:
• Phase I: 30% fare increase, closure of ten stations, 63% reduction in train hours, and workforce cuts.
• Phase II: Six months later, cumulative 50% fare increase, reassessment of service reductions, and further potential service suspensions.
• Phase III: Possible cessation of passenger service if operations cannot be maintained safely, with attention to infrastructure risks and liabilities.

Some Directors opposed Phase I closures, requesting that staff explore shifting them to Phase II. Staff were tasked with returning in 2–4 weeks with alternative analyses, including bankruptcy/insolvency information, financial tradeoffs, sequenced station closures, and annual cost savings. Additional outreach to City Managers and coordination on transit-oriented development was also requested.

Regional impacts were highlighted, such as potential displacement of 4,000 peak-hour passengers on the Yellow Line, roughly equivalent to 120 buses. While low ridership drives closure considerations, some stations like Milpitas and Berryessa are exempt due to existing agreements. The BART attorney confirmed that station closures are within the Board’s legal authority.

Councilmembers discussed BART’s efforts to rebuild ridership and manage potential service reductions. Key points included:
• Public outreach: Councilmember Hoxie asked about marketing to restore rider confidence. Director Cross confirmed the Board is emphasizing communication about safety and cleanliness improvements, including increased police presence, upgraded fare gates, and cleaner trains. A resident survey found 67% of residents do not currently ride BART, citing crime and cleanliness concerns. • Fare increases: Hoxie also asked whether 30% or 50% fare increases could reduce ridership enough to offset revenue gains. Cross noted that ridership impacts are still being analyzed, and attracting non-riders alone will not eliminate the deficit.

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• Service reductions: City Manager Smith reported that the alternative service plan now proposes moving potential station closures to Phase II. Phase I (January 2027) includes a 30% fare and parking fee increase, averaging $6.38 for short trips. Phase II occurs six months later, with Phase III projected for FY 2028. • Ballot measure: The proposed sales tax measure would be a citizen initiative across five counties—Contra Costa, Alameda, San Francisco, San Mateo, and Santa Clara—requiring a simple majority (50+1) for approval. • Station closures: Councilmember Hoxie asked whether the closure list is being revisited. City Manager Smith indicated closures are based solely on ridership metrics. Mayor Iverson noted that moving closures to Phase II could affect up to 15 stations, resulting in significant train and schedule reductions and a 70% capacity cut across the system.

Mayor Iverson opened the Public Forum, and there were no speakers.

Councilmember Riley suggested that, beyond accepting the report, the Council discuss a coordinated plan of action as a City.

City Manager Smith emphasized the importance of Council input on next steps. Staff have already communicated Orinda’s concerns to BART Board President and Director Rinn, and she noted that the Bay Area Council may lead broader economic impact analyses.

She recommended identifying resources to quantify potential impacts on Orinda if its BART station were closed.

Councilmembers highlighted priorities including advocacy to preserve the top ten stations, outreach to the BART Board, timing and social media strategies, communicating the consequences if the measure fails, positive messaging, coordination with CCTA, resident education, and consideration of competing ballot measures.

City Manager Smith summarized the discussion as emphasizing proactive, fact-based communications, stakeholder outreach, and ongoing engagement. She noted BART will revisit the matter next week and will forward updates from the February 26 meeting to the Council.

H.5 City of Orinda 2026 Legislative Platform
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.

City Manager Smith took a poll on continuing the item to the March 3rd Council meeting, stating that more information will be gleaned about bills that have been introduced.

Councilmembers voiced support and asked that the legislative platform incorporate some of the discussion they had from the last meeting.

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MOTION by Mayor Iverson moved, and seconded by Councilmember Hoxie to move Item H.5 to the March 3, 2026 Council meeting. Said motion carried by unanimous (5- 0) vote.

I. COUNCILMEMBER REPORTS
Mayor Iverson reported on a fire safety meeting with Senator Grayson, noting progress on SB 959, which would allow schools to retain funding if closed due to imminent fire danger, and requested letters of support by the end of February. Updates included Caltrans’ review of vegetation management constraints, City engagement with insurance providers and the Insurance Commissioner, and pursuit of State-funded home hardening grants for high fire severity zones.

Councilmember Malkani credited the City Manager for initiating the legislation and collaborating with Senator Grayson’s office. She also reported personally meeting with Insurance Commissioner candidates to discuss local issues.

Mayor Iverson also summarized the Mayor’s Liaison Meeting, noting Friends of the Nature Area public forums (updates on the John Muir website), upcoming community events (Orinda Action Day on April 25, Rotary Crab Feed on March 3, and Orinda Community Foundation Anniversary Party on February 27), and Acalanes School District budget reductions. Tabor is sending three delegates, with two spots remaining, and Councilmembers were invited to participate.

Councilmember Hoxie reported attending Lamorinda Program Management Committee and Lamorinda Fee and Financing Authority meetings on behalf of Vice Mayor Gee; Orinda will chair both committees for the next year. She also met with the School Bus Transportation Authority regarding upcoming bus issues.

Vice Mayor Gee noted she is expected to become Chair of CCTA, overseeing the 2028 renewal of the County half-cent sales tax, with Sue Noack (Pleasant Hill) as Vice Chair and who is also MTC Chair.

J. CITY MANAGER’S REPORT
City Manager Smith gave the following report:
• Ladris training: A seminar will be held tomorrow, February 18th at 2:00 PM to answer community questions and demonstrate the public-facing tool, with a second session on the evening of February 24. Details are available on www.OrindaReady.com, the City website, and through the Orinda Outlook.

Vice Mayor Gee confirmed the sessions are virtual/webinar-based, allowing Councilmembers to join via Zoom without commenting.
• 2x2 meeting: A quarterly meeting with the School District is scheduled for Wednesday, February 18 at 5:30 PM at the District Offices.

K. MATTERS INITIATED – None.

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L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 9:40 p.m. to the next Regular City Council Meeting on Tuesday, March 3, 2026 at 7:00 p.m.
______________________________
Sheri Marie Smith, City Clerk
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CITY COUNCIL STAFF REPORT
Department: Planning
Meeting Date: March 3, 2026
SUBJECT:

Repeal and Replace the City of Orinda’s Municipal Code Chapter 8.20, Fire Safety, with this Chapter that Reflects the City’s Ratification of MOFD Ordinances 26-01 and 26-02 EXECUTIVE SUMMARY:

The City Council will consider ratification of Moraga-Orinda Fire District (“MOFD”) Ordinances 26-01 and 26-02. These ordinances adopt the 2025 California Fire Code and, by reference, the 2024 International Fire Code, and the 2025 California Wildland-Urban Interface Code, and modifications to those codes to reflect local conditions with associated findings. The City Council will also consider the introduction of City of Orinda Ordinance 26-04 to repeal and replace the City of Orinda’s Municipal Code Chapter 8.20, “Fire Safety,” with a version of this Chapter that reflects the City’s ratification of MOFD Ordinances 26-01 and 26-02.

RECOMMENDATION:

Take the following actions:

1. Adopt Resolution 11-26 ratifying MOFD Ordinance 26-01, which adopts the 2025 California Fire Code and, by reference, the 2024 International Fire Code, and makes modifications to those codes to reflect local conditions, and includes MOFD’s Findings of Fact that the proposed amendments are reasonably necessary because of local climatic, geological, or topographical conditions.

2. Adopt Resolution 12-26 ratifying MOFD Ordinance 26-02, which adopts the 2025 California Wildland-Urban Interface Code, and makes modifications to those codes to reflect local conditions and includes MOFD’s Findings of Fact that the proposed amendments are reasonably necessary because of local climatic, geological, or topographical conditions.

3. Introduce Ordinance 26-04 to repeal and replace the City of Orinda’s Municipal Code Chapter 8.20, Fire Safety, with an updated version of this Chapter that reflects the City’s ratification of MOFD Ordinances 26-01 and 26-02, waiving a full reading of the text.

BACKGROUND:

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The State of California adopted the 2025 edition of the California Building Standards Code, including the California Fire Code, which became effective throughout the State on January 1, 2026. Local jurisdictions may establish more restrictive building standards than those contained in the California Building Standards Code if the modifications are reasonably necessary because of local climatic, geological, or topographical conditions.

On January 13, 2026, Orinda adopted Ordinance No. 25-07, which adopted the 2025 California Building, Residential, Green Building Standards, Plumbing, Electrical, and Mechanical Codes with modifications for local conditions. These modifications to the state Building Codes reflected Contra Costa County’s modifications thereto, with the exception of the County’s modifications to the Green Building Standards Code regarding construction and demolition debris recovery. Orinda also ratified Resolution 63-25, which adopted the County’s findings in support of the need for modifications to the state Building Codes.

Fire districts are authorized to enact stricter standards than those in the California Fire Code. To do so, a fire district’s legislative body must adopt an ordinance implementing the Fire Code with amendments and must adopt findings of fact justifying the need for changes or modifications due to local conditions.

A fire district’s ordinance will not be effective until it is ratified by the legislative body of the city or county where it will apply. After the fire district transmits its adopted ordinance to the City, the legislative body of the City may ratify, modify, or deny the fire district’s adopted ordinance, and must then transmit its determination to the fire district within 15 days of the determination. Upon ratification of an adopted ordinance, the city must file a copy of the fire district’s findings, and any of the city’s findings, together with the adopted ordinance, with the state Department of Housing and Community Development.

MOFD enforces and applies the Fire Code within the City of Orinda. On January 21, 2026, MOFD adopted its Ordinance 26-01, which adopts the 2025 California Fire Code and, by reference, the 2024 International Fire Code, and makes modifications to the code to reflect local conditions (Attachment A). Additionally, on January 21, 2026, MOFD also adopted its Ordinance 26-02, which adopts the 2025 California Wildland-Urban Interface Code, and makes modifications to the code to reflect local conditions (Attachment B).

Included in each Ordinance, 26-01 and 26-02, are MOFD adopted Findings of Fact that the proposed amendments are reasonably necessary because of local climatic, geological, or topographical conditions.

The first purpose of this agenda item is to adopt a Resolution to: (1) ratify MOFD Ordinance 26-01, including the proposed amendments, as required by Health & Safety Code Section 13869.7(c), and (2) ratify MOFD Ordinance 26-02, including the proposed amendments, as required by Health & Safety Code Section 13869.7(c).

In 2023, MOFD similarly passed an ordinance adopting the 2022 California Fire Code and the 2021 International Fire Code with local amendments. In 2023, the City ratified MOFD’s Ordinance 23-01, including its proposed amendments. (See City Resolution 22- 23). Upon ratification by the City Council, MOFD Ordinances 26-01 would repeal and replace the existing MOFD Ordinance 23-01.

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The second purpose of this agenda item is to introduce Ordinance 26-04, which would repeal and replace the City of Orinda’s Municipal Code Chapter 8.20, “Fire Safety,” with an updated version of this Chapter. (Attachment E). The proposed changes to Chapter

8.20 would reflect City ratification of MOFD Ordinances 26-01 and 26-02 and make clear that MOFD is responsible for enforcing the ordinance in the City.

DISCUSSION:

Adoption of Resolutions
Resolution 11-26 (Attachment C) ratifies MOFD Ordinance 26-01, which adopts the 2025 California Fire Code, and by reference the 2024 International Fire Code, with certain amendments. Resolution 12-26 (Attachment D) ratifies MOFD Ordinance 26-02, which adopts the 2025 California Wildland-Urban Interface Code, with certain amendments. The proposed amendments must be justified by findings of fact based upon the unique geological, topographical, and climatic condition of the City. Health & Safety Code § 17958.7. MOFD’s Findings of Fact justifying the modifications of the 2025 California Fire Code as reasonably necessary because of local climatic, geological, or topographical conditions are included in each MOFD Ordinance, 26-01 and 26-02.

MOFD’s Staff Report for the Second Reading of Ordinance 26-01 summarized the major changes the ordinance made to the 2025 Fire Code. (Attachment F). MOFD’s Staff Report for the Second Reading of Ordinance 26-02 summarized the major changes the ordinance made to the 2025 California Wildland-Urban Interface Code. (Attachment G).

Adoption of Proposed Ordinance
With the adoption of the proposed ordinance, the City would repeal and replace City of Orinda’s Municipal Code Chapter 8.20, “Fire Safety,” with an updated version of this Chapter that reflects the City’s ratification of MOFD Ordinances 26-01 and 26-02 (Appendix A to Attachment E). By ratifying MOFD’s Ordinances 26-01 and 26-02, the City also adopts MOFD’s included Findings of Facts that the amendments to the Fire Code adopted therein are justified by findings of fact based upon the unique geological, topographical, and climatic conditions of the City.

The proposed Ordinance (Attachment E) brings the City’s Municipal Code into substantial alignment with MOFD’s Ordinances 26-01 and 26-02. Provisions of the City’s Municipal Codes that do not reflect MOFD’s Ordinances 26-01 and 26-02 would be repealed by this Ordinance.

FISCAL IMPACT:

There is no direct fiscal impact associated with this item.

STRATEGIC PLAN INITIATIVE:

1.Wildfire Resilience and Emergency Preparedness
c) Strengthen regional collaboration and advocacy with state and federal partners regarding wildfire risks (e.g., insurance, infrastructure, mitigation of development, funding, and other resources).

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4. Community Engagement and Education
f) Expand community education on emergency preparedness (i.e., Six Ps, resident responsibility). Enhance collaboration with the Moraga-Orinda Fire Department (MOFD).

ATTACHMENTS:

A. MOFD Ordinance 26-01 (California Fire Code, International Fire Code) B. MOFD Ordinance 26-02 (California Wildland-Urban Interface Code) C. City Council Resolution 11-26 Ratifying MOFD Ordinance 26-01 D. City Council Resolution 12-26 Ratifying MOFD Ordinance 26-02 E. Orinda City Council Ordinance 26-04 Repealing and Replacing Municipal Code Chapter 8.20, “Fire Safety”
F. January 21, 2026 Staff Report re MOFD Ordinance 26-01 Adopting Fire Code G. January 21, 2026 Staff report re MOFD Ordinance 26-02 Adopting WildlandUrban Interface Code Prepared by: Celina Palmer, Associate Planner
Respectfully Submitted by,
Lashun Cross, Planning Director
Approved By:

Linda Smith, City Manager
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RESOLUTION NO. 11-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
RATIFY MORAGA-ORINDA FIRE DISTRICT (MOFD) ORDINANCE 26-01 ADOPTING THE 2025 CALIFORNIA FIRE CODE WITH CERTAIN AMENDMENTS, AND BY REFERENCE THE 2024 INTERNATIONAL FIRE CODE, INCLUDING MOFD’S

FINDINGS OF FACT THAT THE PROPOSED AMENDMENTS ARE REASONABLY

NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL, OR
TOPOGRAPHICAL CONDITIONS.

WHEREAS, the City of Orinda lies within the geographical boundaries of the MoragaOrinda Fire District (“MOFD”); and WHEREAS, has responsibility for fire protection within said geographical boundaries; and
WHEREAS, on January 21, 2026, MOFD adopted Ordinance 26-01, adopting the 2025 California Fire Code, with certain amendments to reflect local conditions, and by reference the 2024 International Fire Code; and
WHEREAS, upon ratification by the City of Orinda, MOFD Ordinance 26-01 would repeal and replace the existing MOFD Ordinance 23-01; and WHEREAS, the proposed amendments in MOFD’s Ordinance 26-01 are modifications to building standards relating to fire and public safety adopted by the State Fire Marshal and contained in the California Building Standards Code; and WHEREAS, pursuant to Section 13869.7(c) of the California Health & Safety Code, such ordinances containing such modifications are not effective within the jurisdictional boundaries of the City of Orinda until ratified by the City Council; and WHEREAS, the City Council does hereby declare and find that the changes to the provisions of the California Fire Code and International Fire Code set forth in MOFD Ordinance 26-01 are reasonably necessary because of local climatic, geological, or topographical conditions in accordance with Health & Safety Code Section 17958.7, as set forth in the MOFD’s Findings of Fact included in MOFD Ordinance 26-01.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby adopt MOFD’s Findings of Fact supporting the modifications to the Fire Code in MOFD Ordinance 26-01 as reasonably necessary because of local climatic, geological, or topographical conditions.

BE IT FURTHER RESOLVED that a copy of this Resolution, including MOFD Ordinance 26-01, shall be filed with the California Building Standards Commission in accordance with Health & Safety Code Section 17958.7(a) and with the California Department of Housing and Community Development in accordance with Health & Safety Code Section 13869.7(c).

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Adopted by the City Council of the City of Orinda at a regular meeting of the Council held on March 3, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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RESOLUTION NO. 12-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
RATIFY MORAGA-ORINDA FIRE DISTRICT (MOFD) ORDINANCE 26-02 ADOPTING THE 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE, INCLUDING MOFD’S

FINDINGS OF FACT THAT THE PROPOSED AMENDMENTS ARE REASONABLY

NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL, OR
TOPOGRAPHICAL CONDITIONS.

WHEREAS, the City of Orinda lies within the geographical boundaries of the MoragaOrinda Fire District (“MOFD”); and WHEREAS, has responsibility for fire protection within said geographical boundaries; and
WHEREAS, on January 21, 2026, MOFD adopted Ordinance 26-02, adopting the 2025 California Wildland-Urban Interface Code, with certain amendments to reflect local conditions; and
WHEREAS, the proposed amendments in MOFD’s Ordinance 26-02 are modifications to building standards relating to fire and public safety adopted by the State Fire Marshal and contained in the California Building Standards Code; and WHEREAS, pursuant to Section 13869.7(c) of the California Health & Safety Code, such ordinances containing such modifications are not effective within the jurisdictional boundaries of the City of Orinda until ratified by the City Council; and WHEREAS, the City Council does hereby declare and find that the changes to the provisions of the Wildland-Urban Interface Code set forth in MOFD Ordinance 26-02 are reasonably necessary because of local climatic, geological, or topographical conditions in accordance with Health & Safety Code Section 17958.7, as set forth in the MOFD’s Findings of Fact included in MOFD Ordinance 26-02.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby adopt MOFD’s Findings of Fact supporting the modifications to the Fire Code in MOFD Ordinance 26-02 as reasonably necessary because of local climatic, geological, or topographical conditions.

BE IT FURTHER RESOLVED that a copy of this Resolution, including MOFD Ordinance 26-02, shall be filed with the California Building Standards Commission in accordance with Health & Safety Code Section 17958.7(a) and with the California Department of Housing and Community Development in accordance with Health & Safety Code Section 13869.7(c).

Adopted by the City Council of the City of Orinda at a regular meeting of the Council held on March 3, 2026 by the following vote:

AYES: COUNCILMEMBERS:

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NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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ORDINANCE NO. 26-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORINDA
REPEALING CHAPTER 8.20 AND ADOPTING A NEW CHAPTER 8.20 TO REFLECT THE CITY’S RATIFICATION OF MORAGA-ORINDA FIRE DISTRICT ORDINANCES 26-01 and 26-02
The City Council of the City of Orinda DOES ORDAIN as follows:

SECTION 1.

The City Council of the City of Orinda finds that:

1. The State of California has adopted the 2025 California Fire Code (California Code of Regulations, Title 24, Part 9) (the “Fire Code”).

2. On January 21, 2026, pursuant to California Health & Safety Code Section 13869.7, the Moraga-Orinda Fire District (“MOFD”) adopted its Ordinance No. 26- 01 adopting the California Fire Code, and by reference the International Fire Code, with certain amendments and modifications.

3. On January 21, 2026, pursuant to California Health & Safety Code Section 13869.7, the Moraga-Orinda Fire District (“MOFD”) adopted its Ordinance No. 26- 02 adopting the California Wildland-Urban Interface Code, with certain amendments and modifications.

4. Pursuant to Resolution No 11-26, the City of Orinda has ratified MOFD’s ordinance, thereby adopting the Fire Code with the amendments and modifications made in MOFD Ordinance No. 26-01, including MOFD’s findings of necessity that justify the modifications to the Fire Code. The City will also transmit its Resolution No. 11-26, along with MOFD Ordinance No. 26-01, to the state Department of Housing and Community of Development, as required by Health & Safety Code § 13869.7(c).

5. Pursuant to Resolution No 12-26, the City of Orinda has ratified MOFD’s ordinance, thereby adopting the Fire Code with the amendments and modifications made in MOFD Ordinance No. 26-02, including MOFD’s findings of necessity that justify the modifications to the Fire Code. The City will also transmit its Resolution No. 12-26, along with MOFD Ordinance No. 26-02, to the state Department of Housing and Community of Development, as required by Health & Safety Code § 13869.7(c).

6. Accordingly, the City of Orinda is repealing Chapter 8.20 and adopting a new Chapter 8.20 to reflect the City’s ratification of the MOFD ordinances.

SECTION 2.

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Chapter 8.20 is repealed in its entirety, and a new Chapter 8.20, as shown in Appendix A attached to this ordinance and incorporated by this reference, shall be added to the Orinda Municipal Code.

SECTION 3.

This ordinance is consistent with the Orinda General Plan. This ordinance will not have a significant adverse effect on the environment as defined in the California Environmental Quality Act.

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 becomes effective thirty (30) days after adoption.

SECTION 6.

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 March 3, 2026 and was adopted and ordered published at a regular meeting held on March __, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________
Brandyn Iverson, Mayor
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ATTEST:

Sheri Marie Smith, City Clerk
Appendix A: New Chapter 8.20

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APPENDIX A
Chapter 8.20 – FIRE SAFETY

8.20.010 - Adoption.

A. The fire code of the city is the 2025 California Fire Code (California Code of Regulations, Title 24, Part 9 (based on the 2024 International Fire Code)) and the 2025 California Wildland-Urban Interface Code, as amended by the changes, additions, and deletions set forth in the Moraga-Orinda Fire District’s Ordinances 26-01 and 26-02.

B. As of the effective date of the ordinance codified in this Chapter, the MoragaOrinda Fire District’s Ordinances 26-01 and 26-02, and their included MoragaOrinda Fire District’s Findings of Fact that the proposed amendments are reasonably necessary because of local climatic, geological, or topographical conditions, shall have been filed with the California Department of Housing and Community Development.

C. As of the effective date of the ordinance codified in this chapter, the provisions of the 2025 California Fire Code as amended by the changes, additions, and deletions set forth in the Moraga-Orinda Fire District’s Ordinances 26-01 and 26-02 are controlling and enforceable within the City.

D. The provisions of this Chapter are to be read in conjunction with the provisions of Title 15, Chapter 15.08 "Building Code" of this Code, which adopts and modifies the 2025 California Building Code (California Code of Regulations, Title 24, Part 2, Volumes 1 and 2).

8.20.020 - Purpose.

A. This chapter regulates the use of construction materials and requires the installation of specific fire safety features in construction in the city.

B. This chapter implements the safety element of the city's General Plan to:

1. Coordinate the review of development applications between the city and the Moraga-Orinda Fire District; and

2. Regulate the design of buildings and siting to enhance maximum fire prevention and protection.

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C. To the extent that a provision of this chapter conflicts with a provision of the 2025 California Building Standards Code, or any sections of the Orinda Municipal Code which have adopted the 2025 California Building Standards Code by reference, and which have been adopted by reference into this code, this chapter shall prevail. This chapter regulates building construction in the city due to the characteristics of the city's climate, topography and geology which necessitate variations from the 2025 California Building Standards Code.

8.20.030 - Enforcement.

The City of Orinda's Fire Code, which is composed of the 2025 California Fire Code as modified by the Moraga-Orinda Fire District Ordinances 26-01 and 26-02, shall be enforced by the Moraga-Orinda Fire District. See MOFD Ordinances 26-01 and 26-02 and Orinda City Council Resolutions 11-26 and 12-26.

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Moraga-Orinda Fire District
TO: Board of Directors
FROM: Jeff Isaacs, Fire Chief
DATE: January 21, 2026
SUBJECT: Item 6.1 Second Reading and Adoption of Ordinance 26-01, adopting the 2025 edition of the California Fire Code, including specified appendices, and as modified, with local amendments, and by reference, the International Fire Code, 2024 edition, published by the International Code Council, and repealing Ordinance 23-01, adopting findings supporting the local amendments, and adopting a finding that the ordinance is exempt from review under the California Environmental Quality Act.

BACKGROUND
Every three years, the California Code of Regulations (Title 24) is updated through a statewide process managed by the Building Standards Commission. Since the Moraga-Orinda Fire District's formation in 1997, MOFD has consistently adopted a progressive approach to reducing community fire risk. The proposed amendments to the 2025 California Fire Code build on this tradition by updating and refining local fire safety standards.

As in prior code cycles, the Fire Marshal participated in a collaborative working group with other Contra Costa County Fire Marshals. This group met multiple times to ensure regional consistency and alignment. Many of the proposed local amendments mirror those adopted by Contra Costa County.

Most local amendments remain unchanged from Ordinance 23-01. Several provisions have been removed because they are now addressed in the state code. All other amendments have been revised for clarity. A detailed list of the proposed changes is outlined below. State law requires the District to introduce the ordinance with a first reading, followed by a public hearing and second reading, prior to adoption (Government Code § 50022.3).

The Board of Directors conducted the first reading of Ordinance 26-01 on November 19, 2025. At that meeting, the ordinance was introduced, and the Board requested no revisions. No public comment was received.

In accordance with Health and Safety Code § 13869.7, the proposed ordinance and Findings of Fact were circulated to the Town of Moraga, City of Orinda, and Contra Costa County for review and comment following the first reading. No comments or feedback were received from the Town of Moraga, City of Orinda, or Contra Costa County, and no changes have been made to the ordinance since the first reading. As of the posting of this agenda packet, no public comment has been received.

The following are the detailed proposed changes:

1. Added the definition of Mobile Food Dispensing Vehicle (Food Truck) - No impact. Required for clarity.

2. Increase the maximum distance of 250 ft for a fire department apparatus access road to extend to all portions of a facility and all portions of exterior walls - This is to codify a regular practice. An Item 6.1
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Alternate Means and Methods is required to provide fire sprinklers throughout the building when the distance is increased beyond 150ft.

3. Added keypad code to the list of acceptable methods to gain entry onto a property in the event of an emergency.

4. Residents with existing Knox Boxes will be required to upgrade their lockbox to eCore technology within 3 years (deadline is December 31, 2028) - The upgrade intends to establish a universal Contra Costa County-wide Knox key system. There is no cost to the residents; MOFD will provide the labor to switch out the cores. Implementation is contingent upon approval of a county-wide grant requested by all fire authorities in Contra Costa County. If the grant is not awarded, the standard will revert back to the current Knox system and no upgrade will be required.

5. Dead-End Fire Apparatus Access Roads are required to have 28 ft road widths (includes roads leading to hammerheads, cul-de-sacs, and Y's) - No impact, as this requirement was already included in the previous local ordinance. The California Fire Code provides less restrictive standards.

Following the first reading on November 19, 2025, staff identified omissions in the draft and first reading of Ordinance 26-01. The sections listed in Attachment A and outlined below were inadvertently not carried forward from MOFD Ordinance 23-01 and remain unchanged. Staff also removed the text of Section D107.2 (Remoteness) because it is already included in the 2025 California Fire Code and added a local exception to Section D107.2 to allow an alternative, circular route of travel when approved by the Fire Code Official, subject to submittal of a fire protection plan addressing wildfire risk. Attachment A reflects the redlined corrections, and Attachment B contains the final ordinance.

1. CFC 907.6.6 Monitoring indicates that a required fire alarm system shall be monitored by a ULlisted central station service in accordance with NFPA 72. Section

2. 907.6.7 Certification requires the building owner to obtain a valid UL certificate.

3. 907.6.7.1 Posting of Certificate requires the UL certificate to posted at the fire alarm panel.

4. 1028.5.1 Exit discharge surface was also reinstated in the Fire Code after being inadvertently removed. It requires the exterior exit pathway surfaces to be suitable for pedestrian use.

5. Exception to Section D107.2: The fire code official may approve an alternative, circular route of travel with the entrance and exit points closer than required by this section. A fire protection plan shall be submitted addressing Wildfire risk when the fire apparatus access roadways do not meet the remoteness requirement

RECOMMENDATION
Staff Recommendation: 1) Discuss; 2) Deliberate; 3) Conduct a public hearing; 4) Waive the full reading of Ordinance 26-01, an ordinance of the Moraga-Orinda Fire Protection District of Contra Costa County, California, adopting the 2025 edition of the California Fire Code, including specified appendices, and as modified, with local amendments, and by reference, the International Fire Code, 2024 edition, published by the International Code Council, and repealing Ordinance 23-01, adopting findings supporting the local amendments, and adopting a finding that the ordinance is exempt from review under the California Environmental Quality Act; 5) Adopt Ordinance 26-01, adopting the 2025 edition of the California Fire Code, including specified appendices, and as modified, with local amendments, and by reference, the International Fire Code, 2024 edition, published by the International Code Council, and repealing Ordinance 23-01, adopting findings supporting the local amendments, and adopting a finding that the ordinance is exempt from review under the California Environmental Quality Act for the reasons stated in Ordinance 26-01.

ATTACHMENT
Attachment A: 26-01 MOFD 2025 Fire Code Ordinance - Second Reading Redline (01-21-26) Attachment B: 26-01 MOFD 2025 Fire Code Ordinance - Second Reading (01-21-26).pdf Item 6.1
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Item 6.1
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Moraga-Orinda Fire District
TO: Board of Directors
FROM: Jeff Isaacs, Fire Chief
DATE: January 21, 2026
SUBJECT: Item 6.2 Second Reading and Adoption of Ordinance 26-02, adopting the 2025 California Wildland-Urban Interface Code, including specified appendices, and as modified with local amendments, and adopting a finding that the ordinance is exempt from review under the California Environmental Quality Act.

BACKGROUND
California’s increasing wildfire risk in wildland-urban interface (WUI) areas, where development meets wildlands, has long been documented. Previously, WUI-related requirements were dispersed across multiple code sections, including California Building Code (CBC) Chapter 7A, California Residential Code (CRC) Section R337, and California Fire Code (CFC) Chapter 49. The 2025 California Wildland-Urban Interface Code (CWUIC) consolidates these provisions into one code, providing coordinated requirements intended to reduce wildfire ignition and spread.

The CWUIC adopts the 2024 International Wildland-Urban Interface Code with state amendments and serves as the statewide minimum standard for construction, site access, water supply, and vegetation hazard mitigation in designated WUI areas.

In accordance with Health and Safety Code § 13869.7, the proposed Ordinance and Findings of Fact were circulated to the Town of Moraga, City of Orinda, and Contra Costa County for review and comment following the first reading. Written comments from the Town of Moraga were received and are included as an attachment. The Town of Moraga’s comments focused on Section 403.1.2 roadway width standards. A copy of the comments is below. The District spoke with the Town of Moraga about removing the word “vertically” from their request since the District has a 15-foot clearance requirement for vegetation overhanging roadways, and the current wording may create unnecessary confusion. The Town of Moraga agreed to the following edits.
403.1.2 Width.
(a) All new roads shall be constructed to provide a minimum of two fourteen-foot unobstructed travel widths, not including shoulders, but may include bike lanes, striping buffers, and other striping. These traffic lanes shall provide for two-way traffic flow to support emergency vehicle and civilian egress, unless other standards are provided in this article or additional requirements are mandated by local jurisdictions or local subdivision requirements.
(b) All new one-way roads shall be constructed to provide a minimum of one fourteen-foot unobstructed travel width, not including shoulders, but may include bike lanes, striping Item 6.2
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buffers, and other striping. The Local Jurisdiction may approve one-way roads.

Following receipt of these comments, staff consulted with the City of Orinda Manager and reviewed the proposed changes. The revisions have been incorporated into the ordinance—a redline reflecting the changes made since the first reading is included as Attachment A. The final ordinance proposed for adoption is included as Attachment B.

The below is a summary of the local amendments:

Chapter 1 - Administration
Section 1.1.2 Purpose
This code establishes minimum requirements for construction and development in all Fire Hazard Severity Zones in SRA and LRA designated as Very High and High Fire Hazard Severity Zones.

Chapter 4 - Wildland-Urban Interface Area
Section 401.1 Scope
This chapter (emergency vehicle access and water supply) shall apply to all areas within MOFD.

Section 401.2 Objective
The entirety of the Moraga-Orinda Fire District shall be considered a Wildland-Urban Interface area to which Chapter 4 will apply.

Section 403.1.2 Width
(a) Proposes providing a minimum of two fourteen-foot traffic lanes (b) Proposes providing a minimum of one fourteen-foot traffic lane (c) Driveways shall provide a minimum of 18 ft in width, 14 ft horizontal clearance, and 15 ft unobstructed vertical clearance.

Section 403.1.4 Grades
Fire apparatus access roads shall not exceed 10 percent in grade.

Exception: Grades steeper than 10 percent as approved by the fire code official.

Section 403.1.6 Turnarounds
(f) Figure A - Turnarounds on roads with two traffic lanes shall be a minimum of fourteenfeet in width each (g) Figure B - Turnarounds on roads with one traffic lane shall be a minimum of fourteen-feet in width
Chapter 5 - Special Building Construction Requirements
Section 501.1 - Scope
The entirety of the Moraga-Orinda Fire District shall be considered a Wildland-Urban Interface area to which Chapter 5 will apply.

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RECOMMENDATION
Staff Recommendation: 1) Discuss; 2) Deliberate; 3) Conduct a public hearing; 4) Waive the full reading of Ordinance 26-02, an ordinance of the Moraga-Orinda Fire Protection District of Contra Costa County, California, adopting the 2025 California Wildland-Urban Interface Code, including specified appendices, and as modified with local amendments, and adopting a finding that the ordinance is exempt from review under the California Environmental Quality Act; 5) Adopt Ordinance 26-02, adopting the 2025 California Wildland-Urban Interface Code, including specified appendices, and as modified with local amendments, and adopting a finding that the ordinance is exempt from review under the California Environmental Quality Act for the reasons stated in Ordinance 26-02.

ATTACHMENT
Attachment A: 26-02 California Wildland-Urban Interface Code - Second Reading 01-21-2026 (redline).pdf
Attachment B: 26-02 California Wildland-Urban Interface Code - Second Reading 01-21-26.pdf Item 6.2
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: March 3, 2026
SUBJECT:

Municipal Pooling Authority Joint Exercise of Powers Agreement EXECUTIVE SUMMARY:

The City Council will consider Resolution 14-26 to approve the Amended and Restated Joint Exercise of Powers Agreement (JPA) with the Municipal Pooling Authority. The Authority is updated portions of its Agreement to reflect recently reviewed revisions, both substantiative and minor in nature.

RECOMMENDATION:

Adopt Resolution 14-26 Approving the Amended and Restated Municipal Pooling Authority Joint Exercise of Powers Agreement for providing Property, Workers' Compensation, Public Liability, and Other Insurance Coverages.

BACKGROUND:

The City of Orinda is a member of Municipal Pooling Authority (“MPA”), a Joint Exercise of Powers Authority (“JPA”). MPA provides members with administration and self-insured coverage for liability, workers’ compensation, vehicle physical damage, and short-term disability, as well as access to participate in 14 additional programs that offer coverage for property, crime, cyber, and employee benefits. MPA was formally approved by the state as of July 1, 1977. Many of its founding members are still members today. Currently, MPA has 21 member municipalities, which are primarily located in Contra Costa County, with a few outlying members in Stanislaus County and San Mateo County.

MPA was formed primarily to mitigate the rising costs of private insurance for liability and workers’ compensation. The founding members agreed to pool fiscal resources to share in the cost of administering and litigating claims. This pooling of funds is permitted under the Joint Powers Act, Government Code, Sections 6500-6536. There are over 1800 JPAs in California that provide public agencies with pooled coverage for benefits, liability, workers' compensation, and other services. By pooling funds, MPA members share in the risk and cost of claims, thereby stabilizing the impact on individual members' costs.

The share in claims cost is spread among the members. However, pooling is not just a means of sharing the cost of claims; MPA members receive economies of scale benefits for a variety of additional insurances that can only be accessed through membership in the pool. For example, this includes property, cyber, crime, and deadly weapons coverage Item F.3
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for the members. MPA also provides valuable resources for training and education, as well as access to a comprehensive wellness program, ergonomics program, dental and vision plans, life insurance, and online training modules. MPA’s risk mitigation support includes mandatory safety training and inspection support to ensure regulatory compliance, as well as mandatory employee certifications.

MPA has a board of directors, with each member agency holding a position on the Board.

The Board collectively decides on how claims are administered and what is covered by the pool. Through the Coverage and Governance Committee, the Board regularly reviews the bylaws and memorandums of coverage for each program annually to determine how coverage will be provided.

DISCUSSION:

At the February 27, 2025, meeting, as part of its review of MPA’s governing documents, the MPA Coverage and Governance Committee approved recommended amendments to update the JPA Agreement and ensure it aligns with other MPA governing documents and applicable laws. Those recommended amendments were then reviewed by the MPA Executive Committee, which approved the recommended amendments with certain revisions on March 26, 2025. The revised recommended amendments were then approved by the MPA Board of Directors on April 10, 2025.

The amendments approved by the MPA Board of Directors were then sent to each member for review and feedback. The feedback received was reviewed by MPA Staff and Legal Counsel, and additional revisions were made based on that feedback. The final recommended amendments were approved by the MPA Board of Directors on January 13, 2026, and include both substantive updates and formatting refinements to ensure clarity and consistency:
 Section 3 (Creation of MPA): Language revised to clarify that MPA was previously formed and is continued pursuant to current Government Code provisions (title also changed to “Amended and Restated).”  Section 8 (Powers of MPA): Additional language added to address California Association of Joint Powers Authorities (CAJPA) accreditation recommendations regarding language specifying limitation of powers.
 Section 17 (Member Responsibilities): Minor re-wording to clarify that obligations continue beyond participation and to better define a Member’s duty to provide requested information and support investigations.  Section 23 (Effect of Withdrawal or Expulsion): Clarified language confirming that withdrawal or expulsion does not relieve a Member from obligations under MPA’s governing documents.
 General Formatting and Language Consistency: Several non-substantive edits were made throughout the document to correct formatting issues that arose during the conversion of the original PDF into an editable format. These changes improve internal consistency and readability without altering meaning.

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The Amended and Restated JPA Agreement (included as Attachment B) must now be approved by each member agency by resolution of the member’s governing body (Attachment A) and signed by each member’s designee and is included on the City Council agenda for consideration and adoption.

FISCAL IMPACT:

There is no fiscal impact associated with approving the MPA Amended and Restated JPA Agreement.

ATTACHMENTS:

Attachment A - Resolution 14-26 Approving Amended and Restated JPA Agreement Attachment B - Amended and Restated JPA Agreement
Attachment C - Amended and Restated JPA Agreement (with track changes) WEBLINK(S):

Respectfully Submitted by,
Douglas Alessio, Assistant City Manager
Approved By:

Linda Smith, City Manager
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RESOLUTION NO. 14-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

APPROVING THE MUNICIPAL POOLING AUTHORITY AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT FOR PROVIDING PROPERTY, WORKERS’ COMPENSATION, PUBLIC LIABILITY, AND OTHER INSURANCE

COVERAGES
WHEREAS, Municipal Pooling Authority (MPA) was formed in 1977 by a Joint Exercise of Powers Agreement; and
WHEREAS, MPA was formed primarily to mitigate the rising costs of private insurance for liability and workers’ compensation by pooling fiscal resources to share in the cost of administering and litigating claims; and
WHEREAS, the City of Orinda is a Member Agency of MPA; and WHEREAS, to be a member of MPA and participate in any of its programs, each member’s governing body must agree to the Joint Exercise of Powers Agreement (“JPA Agreement”), as this is the required foundational and governing document that outlines MPA’s powers and organizational structure; and
WHEREAS, the last version of the JPA Agreement was adopted by the Board of Directors in 2004 and executed in 2005 by its members and has recently undergone an extensive review and revision process involving the MPA Board of Directors, MPA staff and legal counsel, and each member agency; and
WHEREAS, the recommended amendments include both substantive updates and formatting refinements to ensure clarity and consistency; and WHEREAS, the MPABoard ofDirectors on January 13, 2026, approved the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement, a copy of which is included as Attachment B to the Staff Report; and
WHEREAS, the Orinda City Council is familiar with the contents thereof.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orinda as follows:

1. That the adoption of the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement for providing property, workers' compensation, public liability, and other insurance coverages is hereby approved, and the designated primary or alternate MPA Board member adopted under Resolution No. 25-22 is hereby authorized and directed to execute the same on behalf of the City.

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Resolution 14-26
2 2. The recitals set forth above are true and correct, and they are incorporated into this Resolution by this reference.

Adopted by the City Council of the City of Orinda at a regular meeting of the Council held on March 3, 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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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 1 | 10

MUNICIPAL POOLING AUTHORITY

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT This Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement”) is entered into by and among the public entities listed in Appendix A ( hereafter referred to as "Members").

RECITALS

1. The Members are public entities organized and operating under the laws of the State of California;

2. The following State laws, among others, authorize the Members to enter into this Agreement:
a. Labor Code Section 3700, allowing a public entity to fund its own workers' compensation claims;
b. Government Code Sections 989 and 990, permitting a local public entity to insure itself against liability and other losses;
c. Government Code Section 990.4, permitting a public entity to provide insurance and self-insurance in any desired combination.
d. Government Code Section 990.6, providing that the cost of insurance authorized under the related sections is a proper charge against the local public entity. e. Government Code Section 990.8, permitting two or more local public entities to enter into an agreement to jointly fund such expenditures under the authority of Government Code Sections 6500, et seq.; and
f. Government Code Sections 6500, et seq., permitting two or more l o c a l public entities to jointly exercise under an agreement any power which is common to each of them.

3. Each of the Members desires to enter into an agreement with each of the others for the purpose of insuring against various risks jointly, rather than individually.

4. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of MPA shall not constitute debts, liabilities, or obligations of the Members.

5. MPA was originally formed by a Joint Powers Agreement in 1977. Since that time, the Agreement has been amended several times, and Members have withdrawn from, and new Members have been added to MPA.

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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 2 | 10 NOW, THEREFORE, for and in consideration of the mutual benefits, covenants and agreements set forth herein, the Members agree as follows:

SECTION 1
Authority and Purpose
This Agreement is made under the authority of California Government Code Sections 6500, et seq., between the Members. The purpose of this Agreement is to exercise jointly t h e powers common to each Member by managing risks and pooling or purchasing coverage for losses.

SECTION 2
Definitions
Unless the context otherwise requires:

1. "MPA" shall mean the public entity known as the Municipal Pooling Authority created by this Agreement.

2. "Board" shall mean the governing body of MPA.

3. "Chief Administrative Officer" shall mean the person appointed by the Board as the Chief Administrative Officer of MPA.

4. "Claim" shall mean a claim or demand made against a Member arising out of an occurrence that is covered or alleged to be covered by any Memoranda of Coverage issued by MPA or by a purchased policy of insurance.

5. "Member" shall mean any public entity listed in Appendix A to this Agreement.

6. "Memoranda of Coverage" shall mean documents issued by MPA specifying the type, terms, conditions, and limitations of coverage provided by MPA to each Member that participates in the program.

SECTION 3
Creation of MPA
A public entity, separate and apart from the parties hereto and known as the Municipal Pooling Authority, was previously created and is continued pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500).

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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 3 | 10 SECTION 4
TermsofAgreement
This Agreement is effective as of January 13, 2026, and continues until terminated as hereafter provided. The prior Joint Exercise of Powers Agreement is terminated upon the effective date hereof.

SECTION 5

1.1.1 GoverningBoard
MPA shall be governed by a Board composed of one individual representative from each Member, each serving in an individual capacity as a member of the Board. Each Member's governing body shall appoint to the Board either its Manager or Director, or the department head or staff person, responsible for its risk management function. Each Board member shall have one vote. Each Member shall appoint one Alternate to the Board. The Alternate shall have the same qualifications as the Board member. The Alternate may vote at any meeting of the Board at which the regular Board member is absent.

SECTION 6
Meetings and Committees
(a) Committees. The Board may establish an Executive Committee comprised of members of the Board and delegate to it any powers or functions not reserved to the entire Board or otherwise nondelegable. Other regular committees may be created by, or in accordance with, the procedures set forth in Bylaws adopted by the Board. Ad hoc committees may, from time to time, be established by the President of the Board to serve as temporary committees for a limited purpose. (b) Meetings. The Board shall hold at least one regular meeting each year. The Board shall fix the date upon which, and the hour and place at which, each regular meeting is to be held, and the Chief Administrative Officer shall notify each Member of that action. Other meetings of the Board and meetings of any duly established committees may be held in accordance with applicable law. All meetings of the Board and regular committees shall be held in a manner consistent with the Bylaws and in compliance with the Ralph M. Brown Act (California Government Sections 54950, et seq.). (c) Bylaws and Regulations. The Board may adopt Bylaws and regulations that are not inconsistent either with applicable law or with this Agreement. In the event the Bylaws or regulations are inconsistent with this Agreement, this Agreement shall control. The Chief Administrative Officer shall send to each Member all such Bylaws and regulations, and any amendments thereto, promptly after adoption by the Board.

SECTION 7
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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 4 | 10

1.1.2 Officers
(a) The Board shall elect a President and Vice-President from among its members to perform the duties set forth in the Bylaws.
(b) The Chief Administrative Officer shall be the Secretary of MPA and shall be responsible for maintaining all records of MPA.
(c) The Board shall elect a Treasurer with the qualifications and to perform the duties set forth in the Bylaws.
(d) The Board may appoint such other officers, employ individuals, and contract with consultants and other professional persons or firms as it considers necessary to carry out the purposes of this Agreement.

SECTION 8
Powers of MPA
MPAshall have the powers and authority to exercise any powers common to its Members and is hereby authorized, in its own name,to do all acts necessary for the exercise of such common powers, including, but not limited to, each of the following:
(1) Make and enter into contracts;
(2) Incur debts, liabilities, and obligations, but no debt, liability, or obligation of MPA is a debt, liability, or obligation of any Member, pursuant to Government Code Section 6508.1; (3) Acquire, hold, or dispose of real and personal property; (4) Receive contributions and donations of property, funds, services, and other forms of assistance from any source;
(5) Sue and be sued in its own name;
(6) Employ agents and employees;
(7) Acquire, construct, manage, and maintain buildings; (8) Lease real or personal property, including that of a Member; Item F.3
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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 5 | 10 (9) Receive, collect, invest, and disburse monies; and
(10) Carry out other duties as required to accomplish other responsibilities as set forth in this Agreement.

These powers shall be exercised in the manner provided by law and as expressly set forth in this Agreement. Pursuant to Section 6509 of the California Government Code, the exercise of such powers shall be subject only to those restrictions upon the manner of exercising the powerswhich are imposed upon Members, such as the City of Pleasant Hill, in the exercise of similar powers.

SECTION 9
Fiscal Year
The "fiscal year" of MPA is the period from the first day of July of each year to and including the 30th day of June of the following year.

SECTION 10
Coverage Provided byMPA
Pursuant to the payment of contributions by each Member, MPA shall provide coverage pursuant to one or more Memoranda of Coverage and/or purchased policies of insurance under the programs selected by the Member.

SECTION 11

1.1.3 Establishment and Administration of Funds
The Board shall establish such funds as it deems necessary to conduct the business of MPA.

SECTION 12

1.1.4 Budget
MPA shall adopt an annual budget nolater than the first day of itsfiscal year.

SECTION 13

1.1.5 Member Contributions
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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 6 | 10 The Chief Administrative Officer shall be responsible for calculating annually the amount of contributions to be charged for coverage selected by Members. The Board shall approve each charge before ittakes effect. Each Member, by the act of paying its contribution, accepts the coverage provided by MPA.

SECTION 14
Accounts and Records
The Chief Administrative Officer shall be responsible for establishing and maintaining the funds and accounts in accordance with acceptable accounting practices and maintaining such other records as the Board requires pursuantto the procedures setforth in the Bylaws. The ChiefAdministrativeOfficer shall have the custody of and be responsible for the disbursement of MPA funds as provided by accounting procedures developed in accordance with this Agreement and the Bylaws.

SECTION 15

1.1.6 Reserves
Separate reserves shall be maintained in the funds for each type of coverage.

SECTION 16

1.1.7 MPA Functions and Responsibilities
MPA shall provide comprehensive risk management services to its Members.

SECTION 17

1.1.8 Member Responsibilities
Each Member has responsibilities, including the following:
(1) Appoint its representative and alternate to the MPA Board in accordance with the applicable practices and procedures.
(2) Cooperate fully with MPA in the investigation, defense, and settlement of Claims, including compliance with any applicable Memoranda of Coverage.
(3) Comply with risk management recommendations, guidelines, and requirements established by MPA;
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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 7 | 10 (4) Pay contributions and assessments approved by the Board when due. (5) Provide MPA with data and other information requested; and (6) Cooperate with and assist MPA and any insurer, adjuster, or legal counsel retained by MPA in matters related to this Agreement, any Bylaws adopted by the Board, and any other governing documents, policies, or procedures adopted by the Board.

SECTION 18
New Members
Upon the vote of two-thirds of all members of the Board, any other public entity in Contra Costa County or in the general geographic area reasonably serviceable from Contra Costa County may become a party to this Agreement upon execution of this Agreement, and shall forthwith pay to MPA its current contribution payment as determined in accordance herewith, as well as any fees and expenses set by the Board.

SECTION 19
Cancellation of Coverage ina Program or Programs
lf a Member fails to comply with this Agreement, any Bylaws adopted by the Board, or any procedures or policies established by the Board, the Board may, by a two-thirds vote of all members of the Board, refuse to provide coverage or may cancel any coverage being provided to that Member in any program(s).

SECTION 20
Termination of Agreement and Disposition of
AssetsUponTerminationofAgreement
This Agreement may be terminated upon the unanimous consent of all parties to it. Upon complete termination of this Agreement by all Members and the settlement of all liabilities and claims, including incurred but not reported claims, all property of MPA shall be divided among the Members in a ratio equal to that of the total amounts paid by the Members for the five (5) fiscal years preceding the year in which the Agreement is terminated.

SECTION 21
Withdrawal of aMember
A Member may withdraw as a Member and party to the Agreement, effective at the end of any fiscal year upon giving MPA six (6) months prior written notice of its intent to withdraw.

SECTION 22
Expulsion
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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 8 | 10 The Board, by a three-fourths vote of all members of the Board, may expel any member for the reasons and under the procedures set forth in the Bylaws.

SECTION 23
Effect ofWithdrawal or Expulsion
The withdrawal or expulsion of any Member shall not terminate its responsibilities and obligations as set forth in MPA’s governing documents.

Upon withdrawal of a Member, that Member is entitled only to its pro rata share of the balance of the amount paid by it for the fiscal year in which withdrawal takes place. That Member shall not participate in or be entitled to any other funds, property, or other assets of MPA. Coverages under all pool coverage programs for the coverage periods in which that Member participated will remain in effect and continue until the conclusion of their respective program years.

SECTION 24
Liability and Indemnification
MPA shall defend and indemnify its Board members, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its public employees pursuant to California Government Code Section 825, et seq., or other applicable provisions of law.

MPA may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of MPA's activities.

SECTION 25
Assessment
Upon a two-thirds vote of all members of the Board, the Board shall have the authority to levy a cash assessment for any pooled coverage program if the Board finds that there are insufficient funds available to MPA to meetits legal obligations.

Any cost, including attorneys' fees, incurred by MPA in collecting any cash assessment shall be reimbursed by the Member against which such collection action has been taken.

Section 26
Dividends and Premium Rebates
Upon a two-thirds vote of all members of the Board, the Board shall have the authority to declare a dividend, rebate of excess contributions, and/or reduction of future contributions for any pooled coverage program if the Board finds there are excess reserves in the retention fund.

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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 9 | 10 SECTION 27
Severability
lf any portion, term, condition or provision of this Agreement is determined by a court to be illegal or in conflict with a law of the State of California, or is otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions is not affected.

SECTION 28
Prohibition Against Assignment
No Member may assign a right, claim, or interest it may have under this Agreement. No creditor, assignee, or third party beneficiary of a Member has a right, claim, or title to any part, share, interest, fund, premium or asset of MPA.

SECTION 29
Amendment
This Agreement may be amended by Resolution of the governing bodies of two- thirds of the thenparticipating Members. Appendix A to this Agreement may be amended to correctly list current Members without separate action by the governing bodies of the Members or the Board, and provided any additional members execute the Agreement.

SECTION 30
Notices
Notices to Members under this Agreement shall be sufficient if delivered to the office of the Member. Notices to MPA shall be sufficient if delivered to the office of the Chief Administrative Officer.

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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 10 | 10 Member Date Joined
Antioch 5/2/1977
Brentwood 5/2/1977
Clayton 5/2/1977
Danville 2/1/1983
Gilroy 7/1/2015
El Cerrito 5/2/1977
Hercules 5/2/1977
Lafayette 5/2/1977
Manteca 1/1/1998
Martinez 5/2/1977
Moraga 5/2/1977
Mountain House 7/1/2024
Oakley 7/1/2002
Orinda 7/1/1986
Pacifica 7/1/2006
Pinole 5/2/1977
Pittsburg 5/2/1977
Pleasant Hill 5/2/1977
San Pablo 5/2/1977
San Ramon 7/1/1986
Walnut Creek 5/2/1977

MUNICIPAL POOLING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT Appendix A - List of MPA Members
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MUNICIPAL POOLING AUTHORITY

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT This Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement”) is entered into by and among the public entities listed in Appendix A ( hereafter referred to as "Members").

RECITALS

1. The Members are public entities organized and operating under the laws of the State of California;

2. The following State laws, among others, authorize the Members to enter into this Agreement:
a. Labor Code Section 3700, allowing a public entity to fund its own workers' compensation claims;
b. Government Code Sections 989 and 990, permitting a local public entity to insure itself against liability and other losses;
c. Government Code Section 990.4, permitting a public entity to provide insurance and self-insurance inanydesired combination;
d. Government Code Section 990.6, providing that the cost of insurance authorized under the related sections is a proper charge against the local public entity; e. Government Code Section 990.8, permitting two or more local public entities to enter into an agreement to jointly fund such expenditures under the authority of Government CodeSections 6500, et seq.; and
f. Government Code Sections 6500, et seq., permitting two or more local public entities to jointly exercise under an agreement any power which is common to each of them.

3. Each of the Members desires to enter into an agreement with each of the others for the purpose of insuring against various risks jointly, rather than individually.

4. Pursuant to Government Code Section 6508.1, the debts, liabilities and obligations of MPA shall not constitute debts, liabilities, or obligations of the Members.

5. MPA was originally formed by a Joint Powers Agreement in 1977. Since that time the Agreement has been amended several times and Members have withdrawn from and new Members have been added to MPA.

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NOW, THEREFORE, for and in consideration of the mutual benefits, covenants and agreements set forth herein, the Members agree as follows:

SECTION 1
Authority and Purpose
This Agreement is made under the authority of California Government Code Sections 6500, et seq. between the Members. The purpose of this Agreement is to exercise jointly powers common to each Member by managing risks and pooling or purchasing coverage for losses.

SECTION 2
Definitions
Unless the context otherwise requires:

1. "MPA" shall mean the public entity known as the Municipal PoolingAuthority created by thisAgreement.

2. "Board" shall mean the governing body of MPA.

3. "Chief Administrative Officer" shall mean the person appointed by the Board as the Chief Administrative Officer of MPA.

4. "Claim" shall mean a claim or demand made against a Member arising out of an occurrence that is covered or alleged to be covered by any Memoranda of Coverage issued by MPA or by a purchased policy of insurance.

5. "Member" shall mean any public entity listed in Appendix Ato this Agreement.

6. "Memoranda of Coverage" shall mean documents issued by MPA specifying the type, terms, conditions, and limitations of coverage provided by MPA to each Member that participates in the program.

SECTION 3
Creation of MPA
Pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500), the parties hereto create a A public entity, separate and apart from the parties hereto and , to be known as the Municipal Pooling Authority, was previously created and is continued .pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500).

SECTION 4
Terms ofAgreement
This Agreement is effective as of __________________ and continues until terminated as hereafter provided. The prior Joint Exercise of Powers Agreement is terminated upon the effective date hereof.

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SECTION 5
GoverningBoard
MPA shall be governed by a Board composed of one individual representative from each Member, each serving in an individual capacity as a member of the Board. Each Member's governing body shall appoint to the Board either its Manager or Director, or the department head or staff person, responsible for its risk management function. Each Board member shall have one vote. Each Member shall appoint one Alternate to the Board. The Alternate shall have the same qualifications as the Board member. The Alternate may vote at any meeting of the Board at which the regular Board member is absent.

SECTION 6
Meetings and Committees
(a) Committees. The Board may establish an Executive Committee comprised of members of the Board and delegate to it any powers or functions not reserved to the entire Board or otherwise nondelegable. Other regular committees may be created by, or in accordance with, the procedures set forth in Bylaws adopted by the Board. Ad hoc committees may from time to time be established by the President of the Board to serve as temporary committees for a limited purpose.
(b) Meetings. The Board shall hold at least one regular meeting each year. The Board shall fix the date upon which, and the hour and place at which, each regular meeting is to be held, and the Chief Administrative Officer shall notify each Member of that action.

Other meetings of the Board and meetings of any duly established committees may be held in accordance with applicable law. All meetings of the Board and regular committees shall be held in a manner consistent with the Bylaws and in compliance with the Ralph M. Brown Act (California Government Sections 54950, et seq.). (c) Bvlaws and Regulations. The Board may adopt Bylaws and regulations that are not inconsistent either with applicable law or with this Agreement. In the event the Bylaws or regulations are inconsistent with this Agreement, this Agreement shall control. The Chief Administrative Officer shall send to each Member all such Bylaws and regulations, and any amendments thereto, promptly after adoption by the Board.

SECTION 7
Officers
(a) The Board shall elect a President and Vice-President from among its members to perform the duties set forth in the Bylaws.
(b) The Chief Administrative Officer shall be the Secretary of MPA and shall be responsible for maintaining all records of MPA.
(c) The Board shall elect a Treasurer with the qualifications and to perform the duties set forth in the Bylaws.

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(d) The Board may appoint such other officers, employ individuals, and contract with consultants and other professional persons or firms as it considers necessary to carry out the purposes of this Agreement.

SECTION 8
Powers of MPA
MPA shall have the powers and authority to exercise any powers common to its Members and is hereby authorized, in its own name, to do all acts necessary for the exercise of those such common powers, referred to in the Recitals including, but not limited to, each of the following:
(1) Make and enter into contracts;
(2) Incur debts, liabilities and obligations but no debt, liability or obligation of MPA is a debt, liability or obligation of any Member, pursuant to Government Code Section 6508.1;
(3) Acquire, hold or dispose of real and personal property; (4) Receive contributions and donations of property, funds, services and other forms of assistance from any source;
(5) Sue and be sued in its own name;
(6) Employ agents and employees;
(7) Acquire, construct, manage and maintain buildings;
(8) Lease real or personal property including that of a Member; (9) Receive, collect, invest, and disburse monies; and
(10) Carry out other duties as required to accomplish other responsibilities as set forth in this Agreement.

These powers shall be exercised in the manner provided by law and as expressly set forth in this Agreement. Pursuant to Section 6509 of the California Government Code, the exercise of such powers shall be , subject only to those restrictions upon the manner of exercising the powers which are imposed upon Members such as the City of Pleasant Hill, in the exercise of similar powers.

SECTION 9
Fiscal Year
The "fiscal year" of MPA is the period from the first day of July of each year to and including the 30th day of June of the following year.

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SECTION 10
Coverage Provided by MPA
Pursuant to the payment of contributions by each Member, MPA shall provide coverage pursuant to one or more Memoranda of Coverage and/or purchased policies of insurance under the programs selected by the Member.

SECTION 11
Establishment and Administration of Funds
The Board shall establish such funds as it deems necessary to conduct the business of MPA.

SECTION 12
Budget
MPA shall adopt an annual budget no later than the first day of its fiscal year.

SECTION 13
Member Contributions
The Chief Administrative Officer shall be responsible for calculating annually the amount of contributions to be charged for coverage selected by Members. The Board shall approve each charge before it takes effect. Each Member by the act of paying its contribution accepts the coverage provided by MPA.

SECTION 14
Accounts and Records
The Chief Administrative Officer shall be responsible for establishing and maintaining the funds and accounts in accordance with acceptable accounting practices and maintaining such other records as the Board requires pursuant to the procedures set forth in the Bylaws.

The Chief Aministrative Officer shall have the custody of and be responsible for the disbursement of MPA funds as provided by accounting procedures developed in accordance with this Agreement and the Bylaws.

SECTION 15
Reserves
Separate reserves shall be maintained in the funds for each type of coverage.

SECTION 16
MPA Functions and Responsibilities
MPA shall provide comprehensive risk management services to its Members.

Formatted: Normal, Tab stops: Not at 0"
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SECTION 17
Member Responsibilities
Each Member has responsibilities, including the following:
(1) Appoint its representative and alternate to the MPA Board in accordance with the procedures set forth in the Bylawsapplicable practices and procedures; (2) Cooperate fully with MPA in the investigation, defense, and settlement of Claims, including compliance with any applicable Memoranda of Coverage; (3) Comply with risk management recommendations, guidelines, and requirements established by MPA;
(4) Pay contributions and assessments approved by the Board when due; (5) Provide MPA with statistical and loss experience, data and other information requested; and
(6) Cooperate with and assist MPA and any insurer, adjuster, or legal counsel retained by MPA in matters related to this Agreement, any Bylaws adopted by the Board, and any other governing documents, policies, or procedures adopted by the Board.

SECTION 18
New Members
Upon the vote of two-thirds of all members of the Board, any other public entity in Contra Costa County or in the general geographic area reasonably serviceable from Contra Costa County may become a party to this Agreement upon execution of this Agreement, and shall forthwith pay to MPA its current contribution payment as determined in accordance herewith, as well as any fees and expenses set by the Board.

SECTION 19
Cancellation of Coverage i n a Program or Programs
lf a Member fails to comply with this Agreement, any Bylaws adopted by the Board, or any procedures or policies established by the Board, the Board may, by a two-thirds vote of all members of the Board, refuse to provide coverage or may cancel any coverage being provided to that Member in any program(s).

SECTION 20
Termination of Agreement and Disposition of
Assets UponTermination of Agreement
This Agreement may be terminated upon the unanimous consent of all parties to it. Upon complete termination of this Agreement by all Members and the settlement of all liabilities and claims, including incurred but not reported claims, all property of MPA shall be divided among the Members in a ratio equal to that of the total amounts paid by the Members for the five (5) fiscal years preceding the year in which the Agreement is terminated.

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SECTION 21
Withdrawal of a Member
A Member may withdraw as a Member and party to the Agreement, effective at the end of any fiscal year upon giving MPA six (6) months prior written notice of its intent to withdraw.

SECTION 22
Expulsion
The Board, by a three-fourths vote of all members of the Board, may expel any member for the reasons and under the procedures set forth inthe Bylaws.

SECTION 23
Effect of Withdrawal or Expulsion
The withdrawal or expulsion of any Member shall not terminate its responsibilities and obligations as set forth in MPA’s governing documents.

Upon withdrawal of a Member, that Member is entitled only to its pro rata share of the balance of the amount paid by it for the fiscal year in which withdrawal takes place. That Member shall not participate in or be entitled to any other funds, property, or other assets of MPA. Coverages under all pool coverage programs for the coverage periods in which that Member participated will remain in effect and continue until the conclusion of their respective program years.

SECTION 24
Liability and Indemnification
MPA shall defend and indemnify its Board members, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its public employees pursuant to California Government Code Section 825, et seq., or other applicable provisions of law.

MPA may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of MPA's activities.

SECTION 25
Assessment
Upon a two-thirds vote of all members of the Board, the Board shall have the authority to levy a cash assessment for any pooled coverage program if the Board finds that there are insufficient funds available to MPA to meet its legal obligations.

Any cost, including attorneys' fees, incurred by MPA in collecting any cash assessment shall be reimbursed by the Member against which such collection action has been taken.

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Section 26
Dividends and Premium Rebates
Upon a two-thirds vote of all members of the Board, the Board shall have the authority to declare a dividend, rebate of excess contributions, and/or reduction of future contributions for any pooled coverage program if the Board finds there are excess reserves in the retention fund.

SECTION 27
Severability
lf any portion, term, condition or provision of this Agreement is determined by a court to be illegal or in conflict with a law of the State of California, or is otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions is not affected.

SECTION 28
Prohibition Against Assignment
No Member may assign a right, claim, or interest it may have under this Agreement. No creditor, assignee, or third party beneficiary of a Member has a right, claim, or title to any part, share, interest, fund, premium or asset of MPA.

SECTION 29
Amendment
This Agreement may be amended by Resolution of the governing bodies of two­ thirds of the then-participating Members. Appendix A to this Agreement may be amended to correctly list current Members without separate action by the governing bodies of the Members or the Board, and provided any additional members execute the Agreement.

SECTION 30
Notices
Notices to Members under this Agreement shall be sufficient if delivered to the office of the Member. Notices to MPA shall be sufficient if delivered to the office of the Chief Administrative Officer.

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IN WITNESS WHEREOF, the parties hereto have executed this Joint Exercise of Powers Agreement as of the day and year first above written.

City of Antioch City of Mountain House
City of Brentwood City of Oakley
City of Clayton City of Orinda
Town of Danville City of Pacifica
City of El Cerrito City of Pinole
City of Gilroy City of Pittsburg
City of Hercules City of Pleasant Hill
City of Lafayette City of San Pablo
City of Manteca City of San Ramon
City of Martinez City of Walnut Creek
Town of Moraga
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: March 3, 2026
SUBJECT:

Budget Increase for Off-leash Dog Park Project (CIP #5024) EXECUTIVE SUMMARY:

The City Council will consider a budget increase for CIP #5024 in order to fund the improvements associated with installing fencing at Orinda Oaks Park and Open Space.

The current CIP budget for this project is $45,000, and therefore supplemental budget of $28,000 is needed in order to build the project.

RECOMMENDATION:

Approve Budget Change Form #011-26, appropriating $28,000 from Fund 700 for the Dog Park Project.

BACKGROUND:

At the March 4, 2024 meeting, the City Council received a report on the recommendation from the Parks and Recreation Commission to consider development of a fenced offleash area in Orinda Oaks Park and Open Space.

At the July 16, 2024 City Council meeting, Callander Associates (the City’s consultant) and Staff presented the initial design concept and estimated construction costs for the dog park. Initial council feedback was concern with the estimated construction cost of $775,000.

At the October 1, 2024 meeting, Callander presented a conceptual design and costs for a fenced off-leash dog park at Wilder Park. At that meeting, Staff indicated they would return with a concept for a pilot (“pop up”), unfenced, off-leash area in Orinda Oaks Park and Open Space.

At the November 4, 2024 meeting, the City Council directed Staff to pilot an off-leash program at Orinda Oaks Park and Open Space. The program started in Spring 2025 and Staff used various methods to conduct outreach and to receive feedback.

At its January 7, 2025 meeting, the City Council adopted Ordinance 25-01 to authorize off lease dog use at designated areas, including at Orinda Oaks Park and Open Space.

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At its October 7, 2025 meeting, the City Council support the creation of a fenced area and to have the project handled in-house by City staff rather opting for consulting contract and design.

DISCUSSION:

Over the past few months, Staff has been working internally on the fencing layout and entry points to the fenced area. Staff has been in contact with a fencing contractor, as well as a concrete contractor. The area, approximately 1/3 acre, would be fenced with five-foot-high chain link, black vinyl coated fencing. Gates would be included, with an accessible path to double-gated entry areas for both large and small dog areas. Both, the fencing and concrete contracts are within the City Manager’s signing authority, therefore tonight’s action is limited to the appropriation of budget to the project CIP. Total cost for the fencing and concrete installation is $73,000.

With respect to CEQA guidelines, the project was determined to be Categorically Exempt under section 15301, class 1, and a Notice of Exemption is being filed with the County Clerk.

NEXT STEPS:

Upon approval of the additional funding, Staff will proceed with contracting the work.

FISCAL IMPACT:

The current fiscal year budget for this project is $45,000, funded by the Capital Improvement Fund (General), Fund 700. It is recommended to utilize the same fund, which has sufficient balance for the proposed $28,000 supplemental funding, as reflected on Budget Change Form #011-26 (Attachment C).

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. Location Map of Orinda Oaks Park
B. Proposed Dog Park Fence Layout
C. Budget Change Form #011-26
Prepared by: Scott Christie, Public Works Director
Respectfully Submitted by,
Scott Christie, Public Works Director
Approved By:

Linda Smith, City Manager
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CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2025-26
Funds Originally Appropriated as Part of 2025-26 and 2026-27 Biennial Budget Adopted on June 3, 2025
CHANGE FORM # 011-26
New Appropriations (City CouncilApproval Required): Budget Transfers:

X From Un-Appropriated Reserves From Budgeted Contingent Reserve (Approval Req’d) __ _ Reduction To Adopted Budget

GENERAL FUND
New Revenue ONLY
Between Departments (City Council Approval Req’d)
Other:

BUDGET ACCOUNT
(Revenue / Expense)

INCREASE
AMOUNT

DECREASE
AMOUNT
INCREASE OF BUDGETED EXPENSE IN FY 2025-26:
700-00-00-7127-5024

CAPITAL IMPROVEMENT FUND/ NO DEPARTMENT / NO PROGRAM /

CONSTRUCTION COSTS / DOG PARK
$28,000
As Presented at the City Council Meeting on March 3, 2026 #################(Finance Use Only)###################
Posted By: Date:

REASON FOR BUDGET CHANGE ENTRY: Provide supplemental funding for fencing and other improvements necessary for a fenced dog park at Orinda Oaks Park Item F.4
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: March 3, 2026
SUBJECT:

City of Orinda 2026 Legislative Platform
EXECUTIVE SUMMARY:

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.

BACKGROUND:

On May 21, 2024, the City Council created a two-member ad-hoc committee to interview firms and recommend a legislative advocacy firm.

On July 2, 2024, the City Council approved an agreement with Townsend Public Affairs to provide legislative advocacy services, including development of a Legislative Platform.

On December 3, 2024, the City Council reviewed a draft Platform and provided direction to Staff, including modification of language related to climate change impacts within the RHNA process. On January 7, 2025, the City Council approved its first Legislative Platform and remained opened to changes following the adoption of its first Strategic Plan. Following adoption of the City’s Strategic Plan in July 2025, no changes were necessary.

DISCUSSION:

The Legislative Platform organizes the City’s advocacy efforts under three Guiding Principles:
 Preserving Local Control
 Promoting Fiscal Stability and Sustainability
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 Supporting Funding Opportunities
The Platform maintains seven Public Policy Priority categories:

1. Administration Services

2. Climate and Environment

3. Community and Economic Development

4. Local Government Finance

5. Parks and Community Services

6. Public Safety and Public Health

7. Public Works
Key updates for 2026 include strengthened positions on wildfire mitigation and insurance reform, refined housing and land use advocacy, expanded public safety and public health priorities, reinforced fiscal protections, enhanced climate and infrastructure support, and a response to service changes proposed by BART. Following is a highlight of some of the refinements, additions or areas of emphasis:
• Supporting limits on application of the Builder’s Remedy once a housing element has been certified;
• Supporting tools to address long-term vacant commercial properties; • Promoting pedestrian and e-bike safety, including helmet and age-appropriate operation requirements; and
• Supporting clarification of local authority to assess service-related fees for street maintenance.
• Supporting the sustainability and enhancement of BART service at the Orinda station and opposing any service reductions, operational changes, or funding reallocations that would adversely affect the current level of service at that station.

The Legislative Platform continues to provide a streamlined process for responding to legislation through clearly defined position categories (Support, Support if Amended, Neutral, Oppose, Oppose Unless Amended, and Watch), allowing the Mayor or City Manager to take timely action consistent with adopted policy direction.

As in prior years, the list of Public Policy Priorities is not exhaustive. When potential legislation does not fall squarely within a stated priority, the Guiding Principles will direct the City’s response.

NEXT STEPS:

Upon approval, the City will work with Townsend Public Affairs during the 2026 legislative session to monitor proposed legislation and recommend positions consistent with the adopted Platform.

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FISCAL IMPACT:

There is no fiscal impact associated with approval of the 2026 Legislative Platform.

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. 2026 Legislative Platform (clean)
B. 2026 Legislative Platform (redlined from 2025)
Respectfully Submitted by,
Linda Smith, City Manager
Approved By:

Linda Smith, City Manager
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City of Orinda 2026 Legislative Platform
Purpose
This document serves as the City of Orinda’s guide to actively pursue pending legislation through monitoring and communications activities. The 2026 City of Orinda’s Legislative Platform represents the City Council’s position on current or future issues that have the potential to directly or indirectly impact the City.

Below are the Guiding Principles and Policy Statements that will allow City staff to address 2026 legislative and regulatory issues in a timely manner, without precluding the consideration of additional legislative and budget issues that may arise during the legislative session.

Platform Overview
The Legislative Platform provides a streamlined process through which the City Council, City Manager, City staff, and the City’s legislative advocates can act in a timely manner in response to legislative proposals. The Legislative Platform is adopted annually and serves as an opportunity to identify specific priority areas of interest for the City and the region, which benefit the community. The Legislative Platform is developed and maintained using legislative positions taken by the City Council, input from the City Council and City staff, research of current law and pending legislation, and discussions with local legislative staff in consultation with the City’s legislative advocates.

When the need to respond to state and federal legislation arises, Staff composes letters outlining the City’s position. These letters include one of the following positions: support, support if amended, oppose, oppose unless amended, neutral, or watch. Legislation that is consistent with the Legislative Platform is reviewed, approved and signed by the Mayor. When the Mayor is unavailable, legislative positions that are deemed time-sensitive and are consistent with the Platform may be approved and signed by the City Manager. Once approved, a position letter is sent to the bill’s author, the City’s legislative advocate, and other stakeholders as deemed appropriate by Staff, and a copy of the letter is distributed to the City Council.

Legislation that is inconsistent with or silent in the City’s Legislative Platform may be placed on a public meeting agenda for consideration by the City Council or a subcommittee of the City Council.

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GUIDING PRINCIPLES
I. PRESERVE LOCAL CONTROL
Preserve and protect the City’s powers, duties, and prerogatives to enact local legislation and policy direction concerning local affairs and oppose legislation that preempts local authority. Local agencies should preserve and enhance authority and accountability for revenues raised and services provided.

II. PROMOTE FISCAL STABILITY AND SUSTAINABILITY
Support measures and legislation that promotes fiscal stability, predictability, financial independence, and preserve the City’s revenue base and maximum local control over local government budgeting. Oppose measures that shift local funds to the county, state, or federal governments and/or make cities more dependent on the county, state, or federal governments for financial stability, such as mandated costs with no guarantee of local reimbursement or offsetting benefits.

III. SUPPORT FUNDING OPPORTUNITIES
Support opportunities that allow the City to compete for its fair share of regional, state, and federal funding, and that maintain current funding streams. Funding opportunities may include competitive grant and funding programs as well as dedicated funding streams at the regional, state, and federal levels that allow the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards. Funding priorities include, but are not limited to public safety, disaster preparedness and prevention, wildfire mitigation, fuel modification, public works, transportation, road resurfacing, transit (bicycle lanes, sidewalks, trails, etc.), pedestrian safety, utility undergrounding, economic development, open space, land use, local zoning, community services, community development, sustainable communities, smart growth, water conservation and recycling, waste management and recycling, clean air, renewable energy, greenhouse gas emissions reduction strategies, technology improvements, mental health and crisis intervention, and affordable housing.

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POLICY STATEMENTS

ADMINISTRATION SERVICES
Staff recommends that the City Support state or federal legislation that:

1. Streamlines the process to apply for, and receive approval of, reimbursement funding for carrying out state or federal mandates.

2. Increases the use of technology for providing public services which have a defined funding stream or structure associated with the service.

3. Assists local agencies with the coordination, implementation, and funding of efforts to prepare for, and mitigate risks from, emergencies and natural disasters, such as wildfires, flooding, landslides, and earthquakes.

Staff recommends that the City Oppose state or federal legislation that:

1. Creates an additional financial burden on cities through unfunded mandates.

2. Reduces local control over employee relations issues or attempt to include specific requirements that must be considered as part of the local collective bargaining process.

3. Mandates new or enhanced local government employee benefits that could otherwise be addressed through the local bargaining process.

4. Imposes compulsory and binding arbitration with respect to employees.

5. Imposes redundant or unnecessary human resources burdens without sufficient reimbursement.

6. Diminishes or eliminates the City’s ability to contract with other governments, non-profit providers, or other service providers, for the provision of services.

7. Imposes additional administrative provisions on local governments, including through the Public Records Act or Brown Act, without resources to implement and carry out the new requirements.

CLIMATE AND ENVIRONMENT
Staff recommends that the City Support state or federal legislation that:

1. Reduces dependence on fossil fuels, developing alternative energy resources and fuelefficient technologies, and reducing greenhouse gas emissions in alignment with state and federal mandates and goals.

2. Provides for continued funding and incentives to cities to work together to improve air quality.

Item H.1
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3. Requires manufacturers to assume financial and/or physical responsibility for the costs of collecting, processing, recycling or disposing of products at end-of-life.

4. Advances projects that demonstrate cost-effective, environmentally friendly, cutting-edge technologies, and renewable energy for publicly owned facilities.

5. Provides equitable access to environmental benefits for all our communities and accelerate and improve clean energy infrastructure.

6. Streamlines development and provides funding for electric vehicle charging infrastructure locally and regionally.

7. Provides flexibility for local jurisdictions to meet mandated short-lived climate pollutant goals set by the State through SB 1383 (Lara, 2016) and other legislation.

8. Regulates, eliminates or reduces waste from the production, distribution, or use of singleuse plastic food ware items as well as enhances the reliability of recycling operations.

Staff recommends that the City Oppose state or federal legislation that:

1. Reduces local participation and input on wildfire planning and mitigation efforts.

2. Weakens or reduces efforts and goals to improve air quality, water quality, and general environmental quality aimed at improving the overall climate in California.

COMMUNITY AND ECONOMIC DEVELOPMENT
Staff recommends that the City Support state or federal legislation that:

1. Strengthens the legal and fiscal capability of local agencies to prepare, adopt, and implement plans for orderly growth, development, and conservation of local planning areas.

2. Creates a more equitable Regional Housing Needs Allocation (RHNA) process that takes specific local factors, including affordability levels, availability of developable land, and impacts to individual communities due to climate change, into consideration when developing allocation of units.

3. Affirms that a local government shall not be subject to Builder’s Remedy, or other statesanctions associated with a non-compliant housing element, once the Department of Housing and Community Development or a court has certified a local housing element.

4. Allows local governments to adequately account for all types of housing that can be built in the City, including those through state-level streamlining programs, as part of the RHNA process.

5. Provides resources and technical assistance for the City to meet its affordable housing needs and requirements.

Item H.1
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6. Provides additional tools, or increased penalties, for code enforcement, including that related to the commercial use of property in residential zones.

7. Provides local government with tools, including incentives and penalties, to increase tenancy in long-term vacant commercial properties.

8. Recognizes the need to balance new residential and commercial development within areas that have been identified as high fire hazard severity zones.

9. Protects existing resources, reduces and prevents homelessness, and strengthens state and local partnerships to connect individuals with the care they need through coordinated care systems that provide access to wraparound services, including mental health and substance use treatment, and ongoing dedication of County Mental Health Services Act funds, for persons experiencing, or at risk of experiencing, homelessness.

10. Retains local control and authority in placing restrictions or regulations on residential units for tourist or transient occupancy use.

11. Accelerates and streamlines the processing of permits for Accessory Dwelling Units.

12. Encourages regional, sub-regional, or countywide cooperation in planning urban development strategies, especially those that provide funding for effective implementation of agreed-upon goals.

13. Addresses sustainable development practices and provides financial and technical support to the local government in implementing such practices.

14. Encourages reinvestment in downtown areas and provides funding to support efforts to revitalize core areas of communities.

Staff recommends that the City Oppose state or federal legislation that:

1. Imposes regional, state, or federal growth, development, or land use planning standards within the City.

2. Reduces or removes local control over zoning and other land use methods.

3. Removes local regulatory authority on the siting of telecommunications infrastructure, including cellular communications towers or transmission sites.

LOCAL GOVERNMENT FINANCE
Staff recommends that the City Support state or federal legislation that:

1. Utilizes incentives to encourage local government action, rather than the imposition of state, federal, or regional mandates upon local governments.

2. Preserves maximum local control over any legislation that would increase taxes to support statewide infrastructure.

Item H.1
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3. Grants greater flexibility to local governments in creating new revenue sources for infrastructure projects and maintenance.

4. Provides funding and assistance to local governments for mapping storm drains and improvements to local stormwater infrastructure.

5. Reimburses local governments for state of emergency related expenses, including the need for essential public safety service overtime, mutual aid assistance, and operation of community support networks, among other items.

6. Updates the tax structure to enhance local government revenues that have declined due to the expansion of online sales, increased consumption of services rather than durable goods, and innovations in technology.

7. Updates to state law that clarify the ability of local governments to assess service-related fees and charges to recover the cost of street maintenance and repair caused by public service operation.

Staff recommends that the City Oppose state or federal legislation that:

1. Proposes borrowing or redirecting local revenues as a means for the state to balance its budget.

2. Imposes unfunded, or underfunded, federal or state mandates on local governments.

3. Proposes to eliminate local development or franchise fees, or the limiting of the City’s ability to levy such fees, to provide for infrastructure or services for the community.

4. Requires, or expands, state involvement in local financial audits, fiscal monitoring, or general oversight by the State Treasurer, State Controller, or other state agencies.

PARKS AND COMMUNITY SERVICES
Staff recommends that the City Support state or federal legislation that:

1. Promotes access to parks and open space, and the development of streets and trails that encourage physical activity and healthy living.

2. Recognizes the benefits of parks and recreational facilities in the advancement of “sustainable communities” and curbing greenhouse gas emissions.

3. Increases funding for parks, open space, including open-space acquisitions, bike lanes, and non-motorized trails.

4. Provides funding for accessibility upgrades for park and recreational facilities so that they can be enjoyed by all members of the community.

5. Promotes collaboration with local, state, and federal stakeholders in the establishment of regional, state, and federal parks as well as open space while preserving local control and land management for future infrastructure projects.

Item H.1
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Staff recommends that the City Oppose state or federal legislation that:

1. Reduces or eliminates the City’s ability to levy park impact fees.

2. Imposes requirements that create cost prohibitive administration burdens which may result in the reduction of parks programming.

PUBLIC SAFETY AND PUBLIC HEALTH
Staff recommends that the City Support state or federal legislation that:

1. Promotes a sense of community safety and well-being.

2. Increases funding opportunities for local law enforcement, fire suppression, mitigation, and prevention, emergency medical services and disaster preparedness initiatives.

3. Increases funding and resources for local governments and property owners for wildfire prevention, preparedness, and recovery, including home hardening, enhancing defensible space, and brush management.

4. Requires public utilities to provide for fire safety measures in high fire-risk areas.

5. Includes local jurisdictions as part of the wildfire planning process, including in any review, revision, or modification of state or local wildfire severity zone mapping.

6. Waives or streamlines permitting provisions for standard or routine fuel modification projects that intend to slow or prevent the spread of wildfires.

7. Ensures a robust insurance market for homeowners and businesses where policyholders have access to adequate levels of protection, at reasonable prices, including from wildfire and other natural disasters.

8. Strengthens the FAIR Plan as to ensure meaningful protections for all policyholders, as well as to ensure long-term viability and solvency of the Plan in the event of significant disasters.

9. Provides hazard mitigation assistance to communities damaged by wildfires to prevent floods and landslides.

10. Increases the penalties associated with the sale or purchase of fentanyl and other dangerous drugs.

11. Advances, and fully funds, sensible public safety reforms, particularly as it relates to retail theft, burglary, and assault.

Item H.1
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12. Expands access and resources to public health care services, including mental health, behavioral health, and substance abuse services.

13. Promotes practices and procedures aimed at eliminating health related pandemics such as COVID-19 or other illnesses.

14. Promotes pedestrian and bicycling safety, including safe use of electronic bicycles (ebikes), requires appropriate helmets and safety equipment for e-bike riders, and implements age-appropriate operation restrictions for the various classes of e-bikes Staff recommends that the City Oppose state or federal legislation that:

1. Reduces the ability of local governments to enact ordinances or take action to preserve the public safety of their communities.

2. Limits the ability of local government to provide input on statewide public safety initiatives, such as wildfire mapping and emergency preparedness, that reflect unique community dynamics and characteristics.

3. Creates barriers for homeowners and businesses from securing adequate levels of property insurance, due to the threat of wildfire, or reduces the likelihood that insurers will offer coverage to homeowners and businesses due to the threat of wildfire.

PUBLIC WORKS
Staff recommends that the City Support state or federal legislation that:

1. Increases funding for local transportation projects including road resurfacing projects; the City’s transit system; adding bicycle lanes, sidewalks, and trails throughout the city; and enhancing pedestrian safety.

2. Increases state and federal funding of transportation improvements with regional or subregional benefits for all modes of transportation.

3. Affords local agencies greater discretionary authority to expend available transportation funds and affords local jurisdictions greater flexibility over transportation-related issues.

4. Requires public utilities to underground power lines in high fire risk areas and support legislation that would provide funding for undergrounding of utilities.

5. Includes state, federal, and regional funding formulas that ensure equitable distribution of funds at the local level.

6. Provides for a more stable and equitable long-term funding source for local transportation needs.

7. Maintains and enhances local authority and economic flexibility to regulate solid waste and recyclables.

8. Sustains funding for and enhances Bay Area Rapid Transit service, and other transit services, provided at the Orinda station.

Item H.1
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Staff recommends that the City Oppose state or federal legislation that:

1. Infringes upon the ability of local governments to effectively administer and modify state and local construction provisions and standards.

2. Reduces local government’s ability to enact transportation impact fees that fund transportation improvements in affected communities.

3. Adds redundant solid waste regulations without coordinated support and funding from the State and waste haulers.

4. Results in service reductions, operational changes, or funding reallocations negatively impacting current operations of Bay Area Transit, particularly service to the Orinda station.

Item H.1
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LEGISLATIVE POSITIONS
Support – A support position indicates to the Legislature, regulatory agencies, and other stakeholders, that the City of Orinda is in favor of the legislation in question. A support position may include the following resources: position letters, councilmember/advocate testimony to committees, and meetings with members of the Legislature/regulatory agency to effectively communicate the City’s position.

Support if Amended – A support if amended position indicates to the Legislature, regulatory agencies, and other stakeholders, that the City of Orinda is neutral on this legislation in question but would move to a support position if the changes requested by the City are incorporated into the legislation. A support if amended position may include the following resources: position letters, councilmember/advocate testimony to committees, and meetings with members of the Legislature/regulatory agency to effectively communicate the City’s position and requested amendments.

Neutral – A neutral position indicates to the Legislature, regulatory agencies, and other stakeholders, that the City of Orinda is impartial on the legislation in question and does not wish to take a formal position. A neutral position may be communicated with additional feedback on the legislation.

Oppose – An oppose position indicates to the Legislature, regulatory agency, and other stakeholders that the City of Orinda is against the legislation in question. An oppose position may include the following resources: position letters, councilmember/advocate testimony to committees, and meetings with members of the Legislature/regulatory agency to effectively communicate the City’s position.

Oppose Unless Amended – An oppose unless amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Orinda is against the legislation in question but would move to a neutral position if the changes requested by the City are incorporated into the legislation. An oppose unless amended position may include the following resources: position letters, councilmember/advocate testimony to committees, and meetings with members of the Legislature/regulatory agency to effectively communicate the City’s position and requested amendments.

Watch – A watch position indicates to the City of Orinda will continue to monitor the legislation in question, but will not take, nor communicate, a formal position on the measure.

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City of Orinda 2026 Legislative Platform
Purpose
This document serves as the City of Orinda’s guide to actively pursue pending legislation through monitoring and communications activities. The 2026 City of Orinda’s Legislative Platform represents the City Council’s position on current or future issues that have the potential to directly or indirectly impact the City.

Below are the Guiding Principles and Policy Statements that will allow City staff to address 2026 legislative and regulatory issues in a timely manner, without precluding the consideration of additional legislative and budget issues that may arise during the legislative session.

Platform Overview
The Legislative Platform provides a streamlined process through which the City Council, City Manager, City staff, and the City’s legislative advocates can act in a timely manner in response to legislative proposals. The Legislative Platform is adopted annually and serves as an opportunity to identify specific priority areas of interest for the City and the region, which benefit the community. The Legislative Platform is developed and maintained using legislative positions taken by the City Council, input from the City Council and City staff, research of current law and pending legislation, and discussions with local legislative staff in consultation with the City’s legislative advocates.

When the need to respond to state and federal legislation arises, Staff composes letters outlining the City’s position. These letters include one of the following positions: support, support if amended, oppose, oppose unless amended, neutral, or watch. Legislation that is consistent with the Legislative Platform is reviewed, approved and signed by the Mayor. When the Mayor is unavailable, legislative positions that are deemed time-sensitive and are consistent with the Platform may be approved and signed by the City Manager. Once approved, a position letter is sent to the bill’s author, the City’s legislative advocate, and other stakeholders as deemed appropriate by Staff, and a copy of the letter is distributed to the City Council.

Legislation that is inconsistent with or silent in the City’s Legislative Platform may be placed on a public meeting agenda for consideration by the City Council or a subcommittee of the City Council.

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GUIDING PRINCIPLES
I. PRESERVE LOCAL CONTROL
Preserve and protect the City’s powers, duties, and prerogatives to enact local legislation and policy direction concerning local affairs and oppose legislation that preempts local authority. Local agencies should preserve and enhance authority and accountability for revenues raised and services provided.

II. PROMOTE FISCAL STABILITY AND SUSTAINABILITY
Support measures and legislation that promotes fiscal stability, predictability, financial independence, and preserve the City’s revenue base and maximum local control over local government budgeting. Oppose measures that shift local funds to the county, state, or federal governments and/or make cities more dependent on the county, state, or federal governments for financial stability, such as mandated costs with no guarantee of local reimbursement or offsetting benefits.

III. SUPPORT FUNDING OPPORTUNITIES
Support opportunities that allow the City to compete for its fair share of regional, state, and federal funding, and that maintain current funding streams. Funding opportunities may include competitive grant and funding programs as well as dedicated funding streams at the regional, state, and federal levels that allow the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards. Funding priorities include, but are not limited to public safety, disaster preparedness and prevention, wildfire mitigation, fuel modification, public works, transportation, road resurfacing, transit (bicycle lanes, sidewalks, trails, etc.), pedestrian safety, utility undergrounding, economic development, open space, land use, local zoning, community services, community development, sustainable communities, smart growth, water conservation and recycling, waste management and recycling, clean air, renewable energy, greenhouse gas emissions reduction strategies, technology improvements, mental health and crisis intervention, and affordable housing.

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POLICY STATEMENTS

ADMINISTRATION SERVICES
Staff recommends that the City Support state or federal legislation that:

1. Streamlines the process to apply for, and receive approval of, reimbursement funding for carrying out state or federal mandates.

2. Increases the use of technology for providing public services which have a defined funding stream or structure associated with the service.

3. Assists local agencies with the coordination, implementation, and funding of efforts to prepare for, and mitigate risks from, emergencies and natural disasters, such as wildfires, flooding, landslides, and earthquakes.

Staff recommends that the City Oppose state or federal legislation that:

1. Creates an additional financial burden on cities through unfunded mandates.

2. Reduces local control over employee relations issues or attempt to include specific requirements that must be considered as part of the local collective bargaining process.

3. Mandates new or enhanced local government employee benefits that could otherwise be addressed through the local bargaining process.

4. Imposes compulsory and binding arbitration with respect to employees.

5. Imposes redundant or unnecessary human resources burdens without sufficient reimbursement.

6. Diminishes or eliminates the City’s ability to contract with other governments, non-profit providers, or other service providers, for the provision of services.

6.7. Imposes additional administrative provisions on local governments, including through the Public Records Act or Brown Act, without resources to implement and carry out the new requirements.

CLIMATE AND ENVIRONMENT
Staff recommends that the City Support state or federal legislation that:

1. Reduces dependence on fossil fuels, developing alternative energy resources and fuelefficient technologies, and reducing greenhouse gas emissions in alignment with state and federal mandates and goals.

2. Provides for continued funding and incentives to cities to work together to improve air quality.

Item H.1
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3. Requires manufacturers to assume financial and/or physical responsibility for the costs of collecting, processing, recycling or disposing of products at end-of-life.

4. Advances projects that demonstrate cost-effective, environmentally friendly, cutting-edge technologies, and renewable energy for publicly owned facilities.

5. Provides equitable access to environmental benefits for all our communities and accelerate and improve clean energy infrastructure.

6. Streamlines development and provides funding for electric vehicle charging infrastructure locally and regionally.

7. Provides flexibility for local jurisdictions to meet mandated short-lived climate pollutant goals set by the State through SB 1383 (Lara, 2016) and other legislation.

8. Regulates, eliminates or reduces waste from the production, distribution, or use of singleuse plastic food ware items as well as enhances the reliability of recycling operations.

6. Staff recommends that the City Oppose state or federal legislation that:

1. Reduces local participation and input on wildfire planning and mitigation efforts.

2. Weakens or reduces efforts and goals to improve air quality, water quality, and general environmental quality aimed at improving the overall climate in California.

COMMUNITY AND ECONOMIC DEVELOPMENT
Staff recommends that the City Support state or federal legislation that:

1. Strengthens the legal and fiscal capability of local agencies to prepare, adopt, and implement plans for orderly growth, development, and conservation of local planning areas.

2. Creates a more equitable Regional Housing Needs Allocation (RHNA) process that takes specific local factors, including affordability levels, availability of developable land, and impacts to individual communities due to climate change, into consideration when developing allocation of units.

2.3. Affirms that a local government shall not be subject to Builder’s Remedy, or other state-sanctions associated with a non-compliant housing element, once the Department of Housing and Community Development or a court has certified a local housing element.

3.4. Allows local governments to adequately account for all types of housing that can be built in the City, including those through state-level streamlining programs, as part of the RHNA process.

4.5. Provides resources and technical assistance for the City to meet its affordable housing needs and requirements.

Item H.1
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6. Provides additional tools, or increased penalties, for code enforcement, including that related to the commercial use of property in residential zones.

5.7. Provides local government with tools, including incentives and penalties, to increase tenancy in long-term vacant commercial properties.

6.8. Recognizes the need to balance new residential and commercial development within areas that have been identified as high fire hazard severity zones.

7.9. Protects existing resources, reduces and prevents homelessness, and strengthens state and local partnerships to connect individuals with the care they need through coordinated care systems that provide access to wraparound services, including mental health and substance use treatment, and ongoing dedication of County Mental Health Services Act funds, for persons experiencing, or at risk of experiencing,, homelessness.

8.10. Retains local control and authority in placing restrictions or regulations on residential units for tourist or transient occupancy use.

9.11. Accelerates and streamlines the processing of permits for Accessory Dwelling Units.

10.12. Encourages regional, sub-regional, or countywide cooperation in planning urban development strategies, especially those that provide funding for effective implementation of agreed-upon goals.

11. Aims to achieve fair and proportionate representation on countywide and regional boards.

12.13. Addresses sustainable development practices and provides financial and technical support to the local government in implementing such practices.

13. Encourages reinvestment in downtown areas and provides funding to support efforts to revitalize core areas of communities.

Staff recommends that the City Oppose state or federal legislation that:

1. Imposes regional, state, or federal growth, development, or land use planning standards within the City.

2. Reduces or removes local control over zoning and other land use methods.

3. Removes local regulatory authority on the siting of telecommunications infrastructure, including cellular communications towers or transmission sites., and support legislation that promotes more local control.

3. LOCAL GOVERNMENT FINANCE
Staff recommends that the City Support state or federal legislation that:

Item H.1
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1. Utilizes incentives to encourage local government action, rather than the imposition of state, federal, or regional mandates upon local governments, as well as federal mandates on the state.

2. Preserves maximum local control over any legislation that would increase taxes to support statewide infrastructure.

3. Grants greater flexibility to local governments in creating new revenue sources for infrastructure projects and maintenance.

4. Provides funding and assistance to local governments for mapping storm drains and improvements to local stormwater infrastructure.

5. Reimburses local governments for state of emergency related expenses, including the need for essential public safety service overtime, mutual aid assistance, and operation of community support networks, among other items.

6. Updates the tax structure to enhance local government revenues that have declined due to the expansion of e-commerceonline sales, increased consumption of services rather than durable goods, and innovations in technology.

6.7. Updates to state law that clarify the ability of local governments to assess servicerelated fees and charges to recover the cost of street maintenance and repair caused by public service operation.

Staff recommends that the City Oppose state or federal legislation that:

1. Proposes borrowing or redirecting local revenues as a means for the Sstate to balance its budget.

2. Imposes unfunded, or underfunded, federal or state mandates on local governments.

3. Proposes to eliminate local development or franchise fees, or the limiting of the City’s ability to levy such fees, to provide for infrastructure or services for the community.

4. Requires, or expands, Sstate involvement in local financial audits, fiscal monitoring, or general oversight by the State Treasurer, State Controller, or other state agencies.

PARKS AND COMMUNITY SERVICES
Staff recommends that the City Support state or federal legislation that:

1. Promotes access to parks and open space, and the development of streets and trails that encourage physical activity and healthy living.

2. Recognizes the benefits of parks and recreational facilities in the advancement of “sustainable communities” and curbing greenhouse gas emissions.

Item H.1
Packet Page 133

3. Increases funding for parks, open space, including open-space acquisitions, bike lanes, and non-motorized trails.

4. Provides funding for accessibility upgrades for park and recreational facilities so that they can be enjoyed by all members of the community.

5. Promotes collaboration with local, state, and federal stakeholders in the establishment of regional, state, and federal parks as well as open space while preserving local control and land management for future infrastructure projects.

6. Maintains and enhances local authority and economic flexibility to regulate solid waste and recyclables.

7. Provides flexibility for local jurisdictions to meet mandated short-lived climate pollutant goals set by the State through SB 1383 (Lara, 2016) and other legislation.

8. Regulates, eliminates or reduces waste from the production, distribution, or use of singleuse plastic food ware items as well as enhances the reliability of recycling operations.

Staff recommends that the City Oppose state or federal legislation that:

1. Reduces or eliminates the City’s ability to levy park impact fees.

2. Imposes requirements that create cost prohibitive administration burdens which may result in the reduction of parks programming.

3. Adds redundant solid waste regulations without coordinated support and funding from the State and waste haulers.

PUBLIC SAFETY AND PUBLIC HEALTH
Staff recommends that the City Support state or federal legislation that:

1. Promotes a sense of community safety and well-being.

2. Increases funding opportunities for local law enforcement, fire suppression, mitigation, and prevention, emergency medical services and disaster preparedness initiatives.

3. Increases funding and resources for local governments and property owners for wildfire prevention, preparedness, and recovery, including home hardening, enhancing defensible space, and brush management.

4. Requires public utilities to provide for fire safety measures in high fire-risk areas.

5. Includes local jurisdictions as part of the wildfire planning process, including in any review, revision, or modification of state or local wildfire severity zone mapping.

6. Waives or streamlines permitting provisions for standard or routine fuel modification projects that intend to slow or prevent the spread of wildfires.

Item H.1
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7. Ensures a robust insurance market for homeowners and businesses where policyholders have access to adequate levels of protection, at reasonable prices, including from wildfire and other natural disasters.

8. SEfforts to strengthens the FAIR Plan as to ensure meaningful protections for all policyholders, as well as to ensure the longlong-term viability and solvency of the Plan in the event of significant disasters.

9. PEfforts that provides hazard mitigation assistance to communities damaged by wildfires to prevent floods and landslides.

10. Increases the penalties associated with the sale or purchase of fentanyl and other dangerous drugs.

11. Advances, and fully funds, sensible public safety reforms, particularly as it relates to retail theft, burglary, and assault.

12. Expands access and resources to public health care services, including mental health, behavioral health, and substance abuse services.

13. Promotes practices and procedures aimed at eliminating health related pandemics such as COVID-19 or other illnesses.

14. Promotes pedestrian and bicycling safety, including safe use of electronic bicycles (ebikes), requires appropriate helmets and safety equipment for e-bike riders, and implements age-appropriate operation restrictions for the various classes of e-bikes and safe trail use.

Staff recommends that the City Oppose state or federal legislation that:

1. Reduces the ability of local governments to enact ordinances or take action to preserve the public safety of their communities.

2. Limits the ability of local government to provide input on statewide public safety initiatives, such as wildfire mapping and emergency preparedness, that reflect unique community dynamics and characteristics.

3. Creates barriers for homeowners and businesses from securing adequate levels of property insurance, due to the threat of wildfire, or reduces the likelihood that insurers will offer coverage to homeowners and businesses due to the threat of wildfire.

PUBLIC WORKS
Staff recommends that the City Support state or federal legislation that:

1. Increases funding for local transportation projects including road resurfacing projects; the City’s transit system; adding bicycle lanes, sidewalks, and trails throughout the city; and enhancing pedestrian safety.

Item H.1
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2. Increases state and federal funding of transportation improvements with regional or subregional benefits for all modes of transportation.

3. Affords local agencies greater discretionary authority to expend available transportation funds and affords local jurisdictions greater flexibility over transportation-related issues.

4. Requires public utilities to underground power lines in high fire risk areas and support legislation that would provide funding for undergrounding of utilities.

5. Includes state, federal, and regional funding formulas that ensure equitable distribution of funds at the local level.

6. Provides for a more stable and equitable long-term funding source for local transportation needs.

7. Maintains and enhances local authority and economic flexibility to regulate solid waste and recyclables.

8. Sustains funding for and enhances of,, Bay Area Rapid Transit service, and other transit services, provided at the Orinda station.

6.9. Staff recommends that the City Oppose state or federal legislation that:

1. Infringes upon the ability of local governments to effectively administer and modify state and local construction provisions and standards.

2. Reduces local government’s ability to enact transportation impact fees that fund transportation improvements in affected communities.

3. Adds redundant solid waste regulations without coordinated support and funding from the State and waste haulers.

4. Results in service reductions, operational changes, or funding reallocations negatively impacting current operations of Bay Area Rapid Transit, particularly service to the Orinda station.

Item H.1
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LEGISLATIVE POSITIONS
Support – A support position indicates to the Legislature, regulatory agencies, and other stakeholders, that the City of Orinda is in favor of the legislation in question. A support position may include the following resources: position letters, councilmember/advocate testimony to committees, and meetings with members of the Legislature/regulatory agency to effectively communicate the City’s position.

Support if Amended – A support if amended position indicates to the Legislature, regulatory agencies, and other stakeholders, that the City of Orinda is neutral on this legislation in question but would move to a support position if the changes requested by the City are incorporated into the legislation. A support if amended position may include the following resources: position letters, councilmember/advocate testimony to committees, and meetings with members of the Legislature/regulatory agency to effectively communicate the City’s position and requested amendments.

Neutral – A neutral position indicates to the Legislature, regulatory agencies, and other stakeholders, that the City of Orinda is impartial on the legislation in question and does not wish to take a formal position. A neutral position may be communicated with additional feedback on the legislation.

Oppose – An oppose position indicates to the Legislature, regulatory agency, and other stakeholders that the City of Orinda is against the legislation in question. An oppose position may include the following resources: position letters, councilmember/advocate testimony to committees, and meetings with members of the Legislature/regulatory agency to effectively communicate the City’s position.

Oppose Unless Amended – An oppose unless amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Orinda is against the legislation in question but would move to a neutral position if the changes requested by the City are incorporated into the legislation. An oppose unless amended position may include the following resources: position letters, councilmember/advocate testimony to committees, and meetings with members of the Legislature/regulatory agency to effectively communicate the City’s position and requested amendments.

Watch – A watch position indicates to the City of Orinda will continue to monitor the legislation in question, but will not take, nor communicate, a formal position on the measure.

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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: March 3, 2026
SUBJECT:

Infrastructure Committee Report of Activities, Including Framework for Acceptance of Private Roads
EXECUTIVE SUMMARY:

The City Council will receive a report from the Infrastructure Committee on its work plan efforts, including a framework for revisions to the City’s Private Road acceptance policy.

The Infrastructure Committee is seeking direction on the proposed framework before its next meeting later this month.

RECOMMENDATION:

Receive update from the Infrastructure Committee and provide feedback on the framework.

BACKGROUND:

On February 6, 2024, the City Council formed the Infrastructure Committee to evaluate options for better integrating and managing infrastructure and make recommendations to the City Council. The initial term was until the end of 2024.

On June 18, 2024, the City Council reviewed the Committee’s Work Program, which included evaluation of private roads and storm drains, among other related priorities.

On July 2, 2024, the City Council again reviewed the Work Program and approved the actions.

On January 7, 2025, the City Council, through an action to amend and restate several committees, extended the term of the Infrastructure Committee to December 2025.

On April 7, 2025, the City Council approved a funding request from the Committee for the Private Roads Questionnaire.

On November 3, 2025, the City Council extended the term of the Committee to end of December 2026.

DISCUSSION:

The Infrastructure Committee, composed of Vice Mayor Gee and Councilmember Malkani, has been working for more than a year and a half, with assistance from Staff, to implement the Work Program (Attachment A). Several items remain outstanding, Item H.2
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including the completion of private storm drain mapping and the development of policy options to address private road maintenance for City Council consideration.

At its January meeting, the Committee reviewed several topics, including research on other agencies that provide funding for the maintenance of private roads (San Anselmo being the only identified example), additional background on the Orindawoods Maintenance Agreement, and a proposed framework for the acceptance of private roads.

Following that discussion, the Committee requested additional information regarding the San Anselmo program and directed Staff to place an item on a future City Council agenda to discuss the proposed framework.

Framework Summary
The following proposed Framework is intended to address key policy objectives, expand the definition of public benefits associated with road acceptance, shift the policy tone regarding property owners who reside on privately maintained roads, and introduce material changes to the acceptance process.

Proposed Framework for Acceptance of Private Roads:

Staff proposed the following modifications to the existing policy:
• Allow HOA-maintained properties to participate.
• Eliminate the requirement that all property owners sign an application for acceptance when an offer of dedication for the road already exists. • Emphasize defined public benefits that may encourage participation, rather than focusing solely on City need (see Staff proposal below). • Lower the pavement condition threshold from 20 years to five years. • Include safety as an evaluation criterion and require property owners to acknowledge that there are no known safety issues.
• Remove zoning and subdivision compliance standards for adjacent properties. • Authorize the City Engineer to grant exceptions, as appropriate. • Remove language referencing the City’s discretion to establish a special benefit assessment district.
• Shift the overall tone of the policy to reflect a supportive approach and a willingness to work collaboratively with property owners.
 Revise the documents to improve clarity and user-friendliness.  Include language indicating the City’s willingness to assist and facilitate the process.
 Clearly identify the policy objectives of the program.

Identified Proposed Policy Objectives
Staff recommended the following objectives:
• Improve emergency response and evacuation capability. • Enhance pedestrian, bicycle, and vehicular connectivity. • Support equitable delivery of public services
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• Promote long-term public safety and infrastructure resilience Identified Public Benefits of Road Acceptance
Staff recommended the following benefits:
• Emergency evacuation
• Emergency vehicle access
• Pedestrian or bicycle transportation and recreation
• General vehicular circulation
• Public service access (e.g., solid waste collection)
• Other public uses identified by the applicant or City FISCAL IMPACT:

The Framework represents changes that could encourage more requests for road acceptance. This can likely increase staff workload that would need to be evaluated and funded. This could be mitigated through any additional limitations on the number of requests handled annually.

STRATEGIC PLAN INITIATIVE:

2. Infrastructure Strategy and Improvement
c) Continue supporting the Infrastructure Subcommittee’s work on privately maintained roads and storm drains.

ATTACHMENTS:

Attachment A - Infrastructure Committee Work Plan
Attachment B - Resolution 59-18
Prepared by: Cole Haselip, Assistant to the City Manager Respectfully Submitted by,
Linda Smith, City Manager
Approved By:

Linda Smith, City Manager
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City of Orinda
Council Infrastructure Committee
Initial Work Program Outline
Updated - June 25, 2024
Introduction:

On February 6, 2024, in response to a Matters Initiated by Mayor Gee, the City Council approved the formation of an ad hoc City Council committee to address infrastructure matters related to roads and storm drains. The Council Members appointed were Mayor Gee and Vice Mayor Malkani. The approval included a request for the Infrastructure Committee to return to the City Council with a work program.

The Infrastructure Committee held an initial meeting on April 17, 2024, and a copy of the agenda for that meeting is attached. That meeting was well attended by many Orinda residents and primarily served as a listening session to inform the Committee of the residents’ issues and concerns. The second meeting was held on June 4, 2024, and the main topic of discussion was an Initial Work Program.

Presented here is an updated outline of the Initial Work Program as proposed by the Infrastructure Committee and as modified based on a City Council discussion and review conducted on June 18, 2023.

Two primary tracks are listed below with these two areas being iterative. The task results will inform the choice set, and the possible alternatives will inform what tasks are pursued. The order in which items are listed does not denote priority.

Background & Education – Explore constraints, existing resources, and current rules/regulations to develop a list of possible solutions. Review and discuss:

Updated roads map
Longer-term funding and financial resources
Resolution 59-18 private road acceptance policy
Lay of the land (stormwater law, drainage, owner responsibilities/liabilities, changes in law) Deliverable: Range of possible alternatives with some sense of which ones, if any, seem worth pursuing.

Tasks – Develop timelines and costs for tasks
Assess private roads via PTAP and Streetsaver
Map the entire city storm drain system, public and private Homeowner guide update
Needs assessment opinion survey of private road homeowners Explore ideas to assist private road neighborhoods
Develop and discuss possible options and tools balancing needs between public and private roads Create a formal knowledge base for all stakeholders with well-organized, summary information to reduce confusion and/or future need for a task force
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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:

Revised Policy for Acceptance )
Of Certain Existing Private )
Streets into the City's Public )
Roadway Network ) Resolution No. 59 -18
WHEREAS, the City has an existing policy regarding the criteria for accepting existing private streets for public maintenance which was ratified in Resolution 56-90 and approved by the City Council on August 28, 1990; and
WHEREAS, per the Orinda General Plan states in accordance with Section 2.3.2 "Circulation: Implementing Policies", subsection G, the following: "Voluntary dedication of private streets will be considered for acceptance by the City on a case-by-case basis when streets and drainage systems are improved to City standards and present no expense to the City upon dedication."; and
WHEREAS, the City Council discussed the matter of accepting private roads at its April 10, 2018 and July 10, 2018 meetings and directed Staff to present a revised policy to amend the current policy as outlined in Resolution 56-90; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does finds, determines, and orders as follows: Resolution 56-90 is rescinded/superseded with Resolution 59-18 - Revised Policy for Acceptance of Certain Existing Private Streets into the City's Public Roadway Network as set forth in Exhibit "A" attached to this resolution is adopted.

The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Orinda held on the 4th day of September, 2018 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBERS:

COUNCILMEMBERS:

COUNCILMEMBERS:

COUNCILMEMBERS:

Orr, Miller, Worth
Gee
Phillips
None
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EXHIBIT A for RESOLUTION 59-18 (SUPERSEDES Resolution 56-90) Date: September 4, 2018
Revised Policy for Acceptance of Certain Existing
Private Streets into the City's Public Roadway Network
City of Orinda Policy Statement regarding Acceptance:

The acceptance of existing, privately maintained roads into the City's public roadway network shall be by Resolution of the City Council and shall be subject to the following criteria:

A. The request for acceptance shall be signed by all record owners of fee interest in the road in question. This will apply in all cases where a private road has not been covered previously by an offer of dedication.

B. Except where the City Council approves an exception, private roads for which a homeowners' association or similar entity was established for subdivision street ownership/maintenance are NOT eligible for acceptance by the City.

C. The road in question shall directly connect to a Orinda public street.

D. There shall be a demonstrated need for the incorporation of the road in question into the City's Public Roadway Network for purposes of traffic circulation which provides benefit to the general public.

E. Consistent with the City's General Plan, any road proposed for inclusion in the City's Public Roadway Network shall be repaired or upgraded, at no expense to the City, to standards that the City has adopted for this purpose, which are as follows:

1. Pavement conditions - improvements shall be made as necessary to the asphalt and/or roadbed to provide a pavement life of 20 years. The roadway shall be in a condition as to not need surface maintenance treatment for a minimum of 5 years.

2. Drainage - adequate capacity of all drainage facilities shall be demonstrated and all damaged and undersized facilities shall be repaired and/or replaced to the satisfaction of the City Engineer.

3. Soil Stability - a soils investigation, by a registered Civil Engineer with the title of "Soils Engineer" or "Geotechnical Engineer" as outlined in section 6736.1 of the Professional Engineers Act, shall be conducted for the Item H.2
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roadway, right-of-way, and adjacent up and down slopes. The investigation shall also include the study of slides on adjoining property. The road area shall be stabilized to the satisfaction of the City Engineer.

4. Grades - the longitudinal grade of any section of the roadway shall not exceed 20 percent.

5. Minimum width - the minimum width of the road shall be 16 feet. The roadway shall be widened, to the satisfaction of the City Engineer on recommendation from the Fire Chief, at existing or future fire hydrant locations. On-Street parking shall be restricted on roads with widths of less than 28 feet.

6. Traffic Control Devices - signing and striping shall be installed and safety measures shall be taken to reduce potential traffic safety incidents to the satisfaction of the City Engineer.

7. Fire Department Access - the roadway shall be accessible to emergency vehicles. This may require additional street widening and construction of turn-around areas. The City Engineer on recommendation from the Fire Chief shall determine whether the roadway is in compliance with this criteria.

8. Alignment and Sight Distance - the alignment and sight distances along the roadway shall be evaluated by a registered civil engineer. Improvements shall be implemented in non-complying areas to the satisfaction of the City Engineer. Fifteen mile per hour (15 mph) design speed shall be used for sight distance requirements and a minimum of 50 foot horizontal centerline radius shall be used for the geometric standards.

9. Clear title of the right-of-way area shall be provided to the City, with appropriate recordation on all affected parcels. The City Attorney will evaluate, on a case-by-case basis, whether this clear title requirement can be met through City acceptance of an open offer to dedicate a given street recorded as part of the relevant subdivision map.

10. Street name signs shall be installed that match City signs.

11. Private development on the property fronting the road generally meets zoning and subdivision standards applicable to property on public roads.

12. Compliance with the above criteria and standards shall be subject to the review and approval of the City Engineer.
2 Item H.2
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F. Interested private road owners who wish to initiate this private road acceptance process must submit a sufficient deposit for the preparation of an Engineer's Report to determine the necessary repairs/upgrades, including the total improvement cost to meet the requirements of Section E.

1. The private road owners may elect to conduct the repairs with their own selected contractor, under the inspection by the City Engineer's staff. Upon confirmation all repairs/upgrades are completed and appropriate right-ofway dedications are cleared by the City Attorney, the City Engineer will request the City Council to accept the private road into the City's Public Roadway Network.

2. The City, at the its sole discretion, may facilitate setting up a special benefit assessment district for interested fronting property owners along a private road. A minimum of 60% of all fronting property owners along the private road must confirm in writing (via a petition) of their support for a potential special benefit assessment district. Each fronting property owner who Signed the petition in favor of the district shall deposit $1,000 to the City to initiate the process of holding public hearings and sending ballots to all property owners in the proposed special benefit assessment district.

If the district is approved (greater than 50% in favor), then the $1,000 deposits shall be returned to each fronting property owner. The City will accept the private road into the City's Public Roadway Network. The calculated annual assessments would be included on the property tax bills for each property included in the district. The City would begin preparing bid documents to complete the necessary repairs/upgrades and construct the project. The City would then be repaid over a 10 to 30 year period from these annual property assessments.

If the district is NOT approved (50% or less in favor), then the City will retain each fronting property owner's $1,000 deposit to recover some of the processing cost of the public hearings and mailing of ballots. 3 Item H.2
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CITY COUNCIL STAFF REPORT
Department: Planning
Meeting Date: March 3, 2026
SUBJECT:

Housing Law Senate Bill 1123 Study Session
EXECUTIVE SUMMARY:

The State of California recently expanded the Starter Home Revitalization Act (Government Code § 66499.41 and § 65852.28) through SB 1123 and AB 130, mandating ministerial approval for subdivisions of up to 10 units on eligible vacant single-family parcels. Because state law explicitly grants local agencies the authority to determine whether Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are permitted on these newly created small-lot parcels, and also grants local agencies the authority to determine whether an SB 9 lot split may occur on a parcel previously subdivided through the Starter Home Revitalization Act, this report outlines the baseline developmental requirements of the Act, provides an overview of other relevant state laws that have impacted single family residential development in Orinda, and requests that the City Council provide direction on options to establish local regulations for future ADU entitlements or SB 9 lot splits on parcels created through Government Code § 66499.41 subdivisions.

RECOMMENDATION:

Receive this report and provide policy direction regarding the preferred approach to parcels subdivided pursuant to the amended Starter Home Revitalization Act regarding a) allowing or disallowing ADUs and JADUs, and b) disallowing further ministerial subdivision pursuant to urban lot splits (Government Code § 66499.41).

BACKGROUND:

The State of California has enacted several pieces of legislation aimed at increasing housing production through ministerial (non-discretionary with no neighborhood notification) approval processes. The most impactful of these laws for single-family neighborhoods include:

Accessory Dwelling Unit (ADU) Law: State law strictly limits local authority to regulate ADUs and Junior ADUs (JADUs), requiring ministerial approval across residential zones and preempting many local density and setback requirements. The most expansive Item H.3
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updates to ADU law took effect January 2017, with major updates that resulted in significantly reduced barriers in January 2020.

The City has entitled 140 ADUs and 9 JADUs since the beginning of 2020; from 2020 to 2025, 74 ADUs that submitted for building permits have been constructed and issued a certificate of occupancy.

Due to several factors allowing local jurisdiction discretion, the City has codified ADU law in Orinda Municipal Code (OMC) section 17.3.4 – Accessory Dwelling Units.

Senate Bill 9 (Urban Housing Developments and Lot Splits): SB 9 mandates the ministerial approval of up to two primary residential units on a single-family zoned lot, as well as the ministerial subdivision of a single-family lot into two parcels (an urban lot split), provided specific objective criteria are met. In Orinda, one existing single-family lot has the potential to develop up to four units in a variety of combinations (of primary and accessory dwelling units) as a result of SB 9 (see figure 1 below for example configuration scenarios). SB 9 took effect January 1, 2022.

Figure 1: Sample SB 9 Primary & ADU/JADU configurations Source: SB 9 Overview with Graphic for Public Audiences, ABAG (edited by staff) Item H.3
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The City has approved 18 unit applications through this law, including seven applications approved in conjunction with ADUs. Additionally, seven urban lot split applications have been approved that yielded 14 lots; there are currently four active and incomplete Urban Lot Split applications in the process at this time. See Tables 1 and 2 below.

Table 1: Submitted SB 9 Projects (January 2022 to Present) Application Type
Complete /
Entitled
Active /
Incomplete Additional Project Details
SB 9 Unit Developments 18 3
SB 9 Lot Splits 7 4
7 of these projects include
ADUs/JADUs
Table 2: Entitled ADUs & JADUs (2020 – Present)
Unit Type 2020 2021 2022 2023 2024 2025 2026* Total
ADU 22 31 22 16 18 27 4 140
JADU 4 0 1 1 0 3 0 9
Combined Total 26 31 23 17 18 30 4 149
There are few factors for local discretion in SB 9 that require codification for compliance with the bill. On January 11, 2022, the City codified a limitation to the number of ADUs allowed on a parcel subdivided pursuant to this law. Paragraph L of OMC section 17.3.4 states: “No more than two dwelling units of any kind will be permitted by the City on a parcel created through the exercise of the authority contained in California Government Code Section 66411.7.” The result is that such a parcel could contain one primary unit and a single ADU or JADU, or it could contain two primary units, but not two primary units with additional ADUs or JADUs.

The Starter Home Revitalization Act (Gov. Code § 66499.41 and § 65852.28, as amended by SB 1123 and AB 130; in effect July 1, 2025): This statutory framework requires ministerial approval for subdividing eligible residential lots into up to 10 parcels for the development of up to 10 residential units. The Act, originally passed in 2023 as SB 684, had minimal impact on Orinda due to its limitations and its focus on multifamily zoning designations. SB 1123 later expanded site eligibility to include vacant single-family zoned lots (up to 1.5 acres), and one provision of AB 1301 permits the designation of a "remainder parcel,” which allows an existing structure or use to remain on a designated "leftover" parcel that does not count toward the 10-parcel statutory limit.

The amended Act requires a local agency to approve or deny an application for a housing development or a subdivision pursuant to the Act within 60 days of receiving a complete application. Denial is also permitted if the agency provides a full set of comments instructing the applicant on how to rectify the application. In limited circumstances, it may also deny a project if it makes a written finding, based upon a preponderance of the 1 AB 130 is mostly unrelated to the Starter Home Revitalization Act, but is an important bill that limits CEQA review for certain infill housing developments, among other housing-related statutory changes.

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evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the impact.

No entitlements subject to this law have been approved for subdivisions or development.

One application (received November 19, 2025) is in progress for a four-lot subdivision at a qualifying vacant lot.

This Act’s requirements are detailed below:

General Eligibility Criteria
To qualify for this streamlined processing, a single-family lot must meet strict baseline criteria:
• Maximum site size: The existing parcel cannot exceed 1.5 acres. • Vacant: The lot must be vacant, defined as having no permanent habitable structure. It additionally cannot have been occupied by tenants within the last five years.
o A developer can designate a portion of the property as a remainder parcel to retain an existing structure (such as the original single-family home). This remainder parcel does not count against the ten-lot maximum. Once this remainder parcel is designated, the California Department of Housing and Community Development (HCD) has clarified that the rest of the site is legally considered "vacant" for the purposes of this criterium. o This means that currently-developed lots with excess land would potentially qualify.
• Established appropriately: The parcel must be a legal lot that was not established through Government Code Section 66499.41 (the amended Starter Home Revitalization Act) or through Government Code Section 66411.7 (SB 9’s urban lot splits).
• Urban adjacency: The lot must be "substantially surrounded" by qualified urban uses. This means at least 75% of the parcel's perimeter must adjoin (or be separated only by a public right-of-way from) parcels that typically contain a developed residential, commercial, public institutional, transit, and/or retail use. o Some lots in Orinda would likely not qualify due to their adjacency to open space (for instance, at many of the City’s borders) or to other vacant parcels, though development at vacant parcels could result in qualification. • Density: Density requirements depend on the lot’s Housing Element status:

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o Identified in the Housing Element. Most vacant single-family lots in Orinda are identified in the Housing Element as market-rate with an estimated “Realistic Capacity” that was calculated based on the size of the parcel and the zoning district in which it is located. For lots no more than

1.5 acres (see figure 2 below), most fall in the 1 to 2-unit range with few outliers in the 3 to 8-unit range. These lots would be required to provide at least this many units to be eligible under this act.
o Not identified in the Housing Element. There are no developed single family residential lots in the Housing Element. A proposed subdivision under this act that utilizes the designated remainder parcel option would be subject to a minimum density of 13.2 units/acre2. This means the maximum area of land that could be used for 10 parcels/units is approximately 0.76 acres (rather than 1.5 acres). Consequently, the newly created parcels would be restricted to a maximum average size of 3,300 square feet per unit. The designated remainder parcel is excluded from this density calculation but remains fully subject to the City’s standard underlying minimum lot size and width requirements.
• Very High Fire Hazard Severity Zone (VHFHSZ): Parcels in the VHFHSZ are ineligible. While the this zone is subject to future changes, the 2025 VHFHSZ covers a significant portion of northern, western, and southern Orinda (see figure 2).

While many of the eligibility factors are difficult to quantify for all parcels in Orinda without assessing parcels on a case-by-case basis (such as the adjacency requirement), the following map (figure 2) shows the vacant parcels identified within the Housing Element, broken down into parcels 1.5 acres or smaller (which would qualify pending other eligibility requirements) and parcels greater than 1.5 acres. On the left, the Fire Hazard Severity Zones are shown; 50 vacant parcels 1.5 acres or smaller are located outside the VHFHSZ. It is important to note that developed parcels may also be eligible subject to meeting the additional eligibility requirements identified above. 2 Per Government Code Section 66499.41(a)(5)(B), if a parcel is not in the Housing Element, the project must achieve at least 66% of the local maximum zoning density or 66% of the state's default density, whichever is greater. Because Orinda does not specify a maximum allowable residential density for single-family zones that exceeds the state default, the state standard of 20 dwelling units per acre for a suburban jurisdiction applies. Calculating 66% of this 20-unit default results in the 13.2 units per acre minimum.

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Figure 2: Vacant Housing Element 6th Cycle sites by lot size & Fire Hazard Severity Zone Subdivision and Development: Standards and Limitations
• Projects that meet the eligibility criteria are subject to specific development requirements. Local agencies are preempted from applying local standards (like lot widths or slope density calculations that Orinda currently employs) that would physically preclude any development.
• Lot Size Minimums: The City must allow parcels created pursuant to this act to be as small as 1,200 square feet.
• Unit Size Caps: The legislation is designed for "starter homes." Therefore, the average total floor space of the proposed units across the entire development project cannot exceed 1,750 net habitable square feet. This would likely be coordinated with a recorded deed restriction or subdivision agreement condition of approval to ensure compliance at the building permit stage. • Floor area ratio: The City may not impose a floor area ratio less than 1.0 for 3 to 7 units, or 1.25 for 8 – 10 units developed pursuant to this act.

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o In Orinda, the City’s maximum floor area ratio ranges from 0.2 (lots greater than 20,000 square feet) to 0.28 or greater (lots 5,000 square feet and smaller; such a lot would generally require Special Design Review if developed through any mechanism outside this act.)
• Setbacks: Similarly to SB 9 and ADU law, Orinda cannot require rear or side setbacks greater than four feet from the original side and rear lot lines.

Furthermore, no setbacks are required between the new units themselves, subject only to standard California Building and Fire Code separations. • Parking: Similarly to SB 9 and ADU law, the City can only require a maximum of one off-street parking space per unit, as opposed to the four generally required by Orinda’s zoning code, which requires two enclosed and two unenclosed spots.

Unlike the other laws, the City is prohibited from requiring that the parking space be enclosed or covered under this act.
• Objective Design Standards (ODS): A development project (under the amended Starter Home Revitalization Act) would be subject to specific requirements of the Citywide Objective Design Standards (ODS). The Citywide ODS will apply to residential development and includes design standards across many building types from a single-family house to multifamily residential development (including house, duplex, multiplex: small, townhouse, courtyard building, multiplex: large, stacked flats). Design standards for single family homes will be provided as part of the Citywide ODS. Effective January 1, 2025, California Government Code section 66323 prohibits local agencies from imposing development or design standards on Accessory Dwelling Units (ADU); consequently, the Citywide ODS do not address ADU’s.
• Affordability: The act requires development projects on parcels identified within the Housing Element to provide at least as many affordable units as are listed in the Housing Element. Because single family lots in the Housing Element are identified as market rate (moderate and above moderate categories), no affordability requirements from this provision are applicable to Orinda. The act also requires a development project to meet any local affordability standards. The City is developing an Inclusionary Housing Element that would be applicable to projects that propose 11 units or more, which likely means no development projects under this act would qualify.

DISCUSSION:

To anticipate the impact of the Starter Home Revitalization Act, Staff reviewed the City’s recent history with state-mandated housing legislation (ADU and SB 9 law). Since 2020, ADU production has accelerated, with 149 units entitled and 74 finalized. In contrast, SB 9, which has the potential to result in up to four units on a given single family residential Item H.3
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parcel (see Background section above), has seen a much slower uptake, with only 18 unit applications and seven lot split applications approved since its implementation in 2022 (with four additional unit applications and three additional lot split applications currently under review.)
Given the strict eligibility constraints inherent to Government Code § 66499.41, Staff projects that its application will likely mirror the more modest impact of SB 9 rather than the proliferation of ADUs. While the allowances are significant on paper, the practical realities of Orinda’s landscape severely constrain widespread adoption.

Orinda’s unique physical environment serves as a natural constraint on density. The City's topography, characterized by steep slopes and varied grading, frequently precludes property owners and developers from maximizing the subdivision potential granted by the act. Furthermore, while the City’s Very High Fire Hazard Severity Zone (VHFHSZ) does not categorically exempt lots from this law, the 2025 California Wildland-Urban Interface Code requires 30-foot setbacks from property lines or the center of adjacent roads in these zones.

While the Starter Home Revitalization Act mandates the approval of the primary units (up to 10), Government Code § 66499.41 explicitly grants local agencies discretion regarding ADUs on these specific lots. The City is not required to permit ADUs or JADUs on parcels created through this small-lot subdivision process. However, if the City does choose to permit them, state law dictates that those ADUs/JADUs do not count against the 10- dwelling-unit statutory limit.

Because state law grants local control over this specific intersection of ADU law and ministerial subdivisions, Staff has identified four policy options that would require zoning text amendments regarding the allowance of ADUs on lots subdivided pursuant to Gov.

Code § 66499.41:
a. Not Allowed: The City would prohibit the addition of ADUs/JADUs on any parcels created within the subdivision, except for remainder parcels. b. Allowed with a size restriction: ADUs/JADUs would only be permitted on parcels that exceed a minimum lot size threshold established by the City (for instance, ADUs would be prohibited on parcels smaller than 5,000 square feet). c. Allowed with a unit cap (maximum 10 total units): ADUs/JADUs would be permitted, provided that the total number of all units across the entire subdivision (primary units plus ADUs/JADUs combined) does not exceed 10. ADUs and JADUs would still not count toward the unit count required for Housing Element sites, now would they count toward the required density of 13.2 units per acre for non-Housing Element sites. This provision would not be considered as counting against the 10-dwelling-unit statutory limit as an applicant could elect to develop fewer than 10 parcels, often for practical reasons around lot size and topography.

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d. Allowed Fully: ADUs/JADUs would be permitted on the subdivided parcels without a localized cap, meaning a single subdivision could theoretically yield 10 primary units plus accompanying ADUs/JADUs (or be limited, as with SB 9 limitations on subdivided parcels, to one primary unit and one ADU or JADU).

Finally, Government Code § 66499.41 expressly prohibits subdivision through the amended Starter Home Revitalization Act on a lot that has been established through an urban lot split (SB 9). It does, however, grants local agencies discretion over allowing an urban lot split to further subdivide under the amended act. This could result in a scenario in which an existing single-family lot could be subdivided into 11 parcels (10 small lots and one designated remainder parcel) and each of these could be further subdivided by individual property owners. To minimize complications between the regulation of these types of parcels and avoid creating increasingly small parcels, staff recommends the City Council direct staff to draft a zoning text amendment disallowing this additional ministerial subdivision.

NEXT STEPS:

Based on feedback from this study session, Staff anticipate drafting an ordinance that would codify the City Council’s direction on the amended Starter Home Revitalization Act’s interaction with ADU and urban lot split laws.

FISCAL IMPACT:

None.

STRATEGIC PLAN INITIATIVE:

None.

ATTACHMENTS:

None.

WEBLINKS:

A. Government Code 66499.41 - The Starter Home Revitalization Act (Subdivisions) B. Government Code 65852.28 - The Starter Home Revitalization Act (Development projects)
Prepared by: Darin Hughes, Associate Planner
Respectfully Submitted by,
Lashun Cross, Planning Director
Approved By:

Linda Smith, City Manager
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: March 3, 2026
SUBJECT:

Discussion Regarding Possible Joint Meeting with Town of Moraga and Moraga-Orinda Fire Protection District
EXECUTIVE SUMMARY:

The City Council will discuss the possibility of a joint meeting with the Town of Moraga and the Moraga-Orinda Fire Protection District. This was a Matters Initiated from the February 3, 2026, City Council meeting.

RECOMMENDATION:

Provide direction to Staff.

BACKGROUND:

On October 21, 2024, the City of Orinda, the Town of Moraga and the Moraga-Orinda Fire Protection District (MOFD) held a joint meeting. The meeting was held at the request of MOFD and was largely focused on MOFD’s advocacy around zone zero regulations in the two communities. The agenda and minutes from that meeting are attached.

At its February 3, 2026, meeting, the City Council directed the City Manager to bring back an item to discuss a potential future joint meeting between Town of Moraga and the MOFD. The City Council wanted to have an opportunity to discuss potential agenda topics and questions should the other agencies agree to participate. The City Council is being asked to provide feedback and that feedback will be shared at the upcoming City/MOFD 2x2 meeting later this month. The City Council also directed the City Manager to informally reach out to the Town Manager and Fire Chief to gauge interest in a formal, joint meeting.

DISCUSSION:

It has been nearly and year and a half since the last joint meeting between the City of Orinda, Town of Moraga and MOFD. At the request of Councilmember Hoxie, the City Council authorized a “Matters Initiated” to discuss the possibility of another joint meeting and wished to agendize a discussion about topics and questions for a prospective meeting.

Summary of City of Orinda and MOFD Coordinated Efforts
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The City of Orinda and MOFD maintain a strong, coordinated partnership through regular meetings, with a commitment to wildfire preparedness and community resilience. Through structured collaboration at both the staff and policy levels, the two agencies share policy, programs, incentives, and inspection information so each agency understands the challenges and can proactively support one another's efforts to reduce wildfire risk in Orinda.

At the staff level, monthly joint meetings focus on wildfire preparedness, emergency planning, community outreach, and fuel mitigation efforts. These meetings provide a structured forum to share updates, align priorities, and ensure both agencies are advancing regulatory, operational, and community-facing initiatives. Emergency preparedness remains a central focus, with regular updates on public-facing tools such as Chipper Day, OrindaReady, and its integration with Ladris evacuation modeling technology. Fuel mitigation discussions include roadside vegetation clearance, treatment of City-owned properties, shaded fuel break planning, and MOFD’s inspection programs.

Staff also share information on incentive grants, chipping services, home hardening initiatives, the ambassador program, and any broader community engagement efforts.

At the policy level, the quarterly City–MOFD 2x2 Subcommittee—composed of two City Council members and two MOFD Board members—convenes to address strategic issues and upcoming regulatory changes. Recent discussions have focused on new defensible space standards and anticipated 2026 code updates, with both agencies evaluating potential impacts to ensure consistent interpretation and implementation. By addressing these changes collaboratively, the City and MOFD are better positioned to prepare the community for evolving requirements established by the California Board of Forestry and Fire Protection.

Collectively, while maintaining their independent roles and responsibilities, both agencies also support Fire Safe Moraga-Orinda (FSMO), a nonprofit community partner, through contributions of staff time and coordination.

FISCAL IMPACT:

Not applicable.

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

None.

Respectfully Submitted by,
Linda Smith, City Manager
Approved By:

Item H.4
Packet Page 156
Linda Smith, City Manager
Item H.4
Packet Page 157

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