Orinda City Council Minutes Page 1 of 17 03.03.26
MARCH 03, 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 7:01 p.m.
COUNCILMEMBERS PRESENT: Cara Hoxie (participating remotely), Latika Malkani Mayor Brandyn Iverson, Vice Mayor Darlene Gee
COUNCILMEMBERS ABSENT: Janet Riley
B. PLEDGE OF ALLEGIANCE – Led by Mayor Iverson.
C. ADOPTION OF AGENDA
Mayor Iverson requested moving up the Councilmember Reports and City Manager Reports to be heard after the Public Forum.
MOTION by Mayor Iverson, and seconded by Vice Mayor Gee, to adopt the agenda, as amended. Said motion carried by unanimous (4-0) vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1 Introduce New Employees - Cole Haselip, Assistant to the City Manager and Estela Ramirez, Management Analyst
City Manager Smith introduced new employee Assistant to the City Manager Cole Haselip and provided a background of his experience and professional background, education, and his local family in Moraga.
Cole Haselip thanked the Council and said he looks forward to working with the City.
Mayor Iverson and Councilmembers welcomed Mr. Haselip to the City of Orinda.
Public Works Director Scott Christie introduced Management Analyst Estela Ramirez in the Public Works and Engineering Department. He provided a background of her City experience and professional background.
Estela Ramirez thanked the City Council and said she has been busy over the last two weeks working in the department and she is excited to bring her skills to the City.
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Mayor Iverson and Councilmembers welcomed Mr. Ramirez to the City of Orinda.
D.2 Certificate of Recognition - American Red Cross Month Mayor Iverson introduced the item and provided a background on the American Red Cross, and she presented a Certificate of Recognition to Eva Marquez from the American Red Cross.
Eva Marquez, Volunteer Engagement Manager, American Red Cross, thanked the City Council, spoke about their partnership with the City of Orinda and said they have trained employees on sheltering during disasters and they continue to look forward to working with the City.
Mayor Iverson opened the Public Forum.
Nick Waranoff said he supports and appreciates the local American Red Cross, but wants it clearly noted that it is separate from the International Red Cross, which he criticized for not assisting or visiting Israeli hostages after the October 2023 terrorist attack. He emphasized that honoring the local group should not be seen as endorsing the international organization.
E. PUBLIC FORUM
Emily Bulgari referenced her email to the Council about a serious accident on Coral, noting it was alarming because it occurred just a week after safety measures had been discussed. She urged the Council to expedite enforcement and temporary safety measures in the meantime for the sidewalk.
Mayor Iverson commented the Council received several letters on the topic and she thanked Ms. Bulgari for speaking about it.
Shaheen Tonse addressed agenda item H.2 in advance because he would not be present when it is discussed. He explained the item revises the private road acceptance policy developed in recent years by the Infrastructure Committee. Referring to a prior communication he sent to the Council, he raised additional concerns about a provision allowing the City Engineer to grant exceptions, arguing it could weaken the policy, expose the engineer to political pressures, and lead to claims of unfair treatment if exceptions are not granted. The City of Orinda is the only city going down this path and he questioned whether this is a good idea.
Nick Waranoff said he has opposed initiatives such as United Against Hate and Californians Against Hate. He cited a recent local high school board meeting where speakers urged banning a conservative student club, Club America, which he said was wrongly labeled a hate organization. He argued that the First Amendment protects freedom of speech and association, including speech people may dislike, and criticized the superintendent and board for not defending the students’ right to have the club. He urged the Council to reconsider its involvement in United Against Hate efforts.
I. COUNCILMEMBER REPORTS
Mayor Iverson reported the following:
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• She just arrived back from the Lamorinda Sunrise Rotary Good Character Awards.
They take three middle schoolers and give awards for outstanding character, and it was a wonderful chance to recognize young citizens.
• She held a Coffee with the Mayor on February 25th where they talked about goings on with the business community, economic development, and answered some questions regarding BART funding and others.
• On Saturday, the Commission and Committee interviews were held and she looks forward welcoming new faces on their commissions and committees soon. • They also received a legislative update from Cal Cities last Thursday where they had Senators Grayson, McNearney and Wahab come and talk about bills coming along this year and take questions.
• It is Women’s History Month in March and since they learned today that the Miramonte Gym is officially being named the Sabrina Ionescu Gym after the WNBA star and Olympian, and she asked that it be placed on the second March agenda to acknowledge this.
J. CITY MANAGER’S REPORT
City Manager Smith reported the following updates:
• Last week training sessions were held for Ladris, the evacuation planning tool for residents. Those interested can visit www.Orindaready.com and use the evacuation modeling tool to review over 100 different scenarios for evacuation.
The model will be updated including ember casting which will also be added to the public portal as well.
• Staff reported receiving correspondence that the BART Board will apply an “Alternative Service Framework.” Under this approach, station closures will not be considered in the first round. If no revenue measure is placed on or approved in the November ballot, BART would first implement service cuts and then potentially consider station closures in 2027–28. The Board also clarified that it will ultimately decide on any station closures after evaluating the impacts of service reductions.
Mayor Iverson opened the Public Forum.
Nick Waranoff said he was pleased that Ladris will update its modeling to include ember casting. He noted for the record that he has strongly criticized the initial version of the Ladris software since its public release because it did not account for ember casting.
F. CONSENT CALENDAR
Mayor Iverson asked if Councilmembers or the pubic wished to remove any items. City Manager Smith mentioned Item F.2 which is the ratification of the Fire Code Update. Chief Isaacs is present in the audience if there were any questions for him. Councilmember Malkani requested removal of Item F.2.
F.1 Approval of City Council Minutes
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:
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1. February 17, 2026, 5 p.m. Study Session
2. February 17, 2026, Regular Meeting
F.3 Municipal Pooling Authority Joint Exercise of Powers Agreement 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.4 Budget Increase for Off-leash Dog Park Project (CIP #5024) 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.
MOTION by Councilmember Malkani moved, and seconded by Vice Mayor Gee to approve Consent Calendar Items F.1, F.3, and F.4. Said motion carried by unanimous (4-0) vote.
Item Removed from Consent Calendar:
F.2 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
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:
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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.
Fire Chief Isaacs explained that the State of California updates the Fire Code every three years, requiring cities and counties to review, ratify, and adopt any necessary local amendments. He noted that most local amendments have remained unchanged since 2020, with recent revisions primarily removing provisions that are now addressed within the updated State Fire Code. He also highlighted the adoption of the new California Wildland Urban Interface (WUI) Code, which consolidates standards previously distributed across the Building, Residential, and Fire Codes into a single code. This unified code addresses construction requirements, access, water supply, and defensible space standards, and the Fire Marshal has worked to ensure these standards are consistent across the county.
Mayor Iverson asked and confirmed road width standards of 28 feet and under eave sprinklers for new construction standards which are a couple of examples where cities opted for more restrictive standards than the State.
Councilmember Malkani asked and confirmed that so far there have been no modifications to MOFD’s Fire Code around Zone Zero.
Mayor Iveson opened the Public Forum, and there were no speakers.
MOTION by Vice Mayor Gee moved, and seconded by Councilmember Hoxie to approve Consent Calendar Item F.2. Said motion carried by unanimous (4-0) vote.
G. PUBLIC HEARING – None.
H. POLICY MATTERS
H.1 City of Orinda 2026 Legislative Platform
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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 presented the staff report recommending approval of the City’s 2026 Legislative Platform. Casey Elliott of Townsend Public Affairs is available for questions and that staff will soon review newly introduced legislation to determine the City’s positions.
Discussion included how the platform relates to the Lamorinda regional framework, potential inclusion of BART support language where City Manager Smith said she will have to determine if there is broad enough language, and questions about proposed legislation on vacant storefronts, which Mr. Elliott said he was not yet aware of but would review as bills develop.
Councilmember Malkani referenced the removal of language in the Community and Economic Development section and noted that Item 11 seeks to ensure fair and proportional representation on countywide and regional boards. She asked whether the change was a legal update, citing Item H.1 on packet page 132. While indicating she could be persuaded either way, she stated that because the City makes its own appointments, she would prefer to retain the language as a priority.
Councilmembers then discussed edits to the platform, including reorganized sections, removal of some language for formatting or scope reasons, and whether to retain language about representation on countywide and regional boards.
Mayor Iverson additionally asked about including landslides in disaster relief advocacy, which Mr. Elliott confirmed that there is a broad category under Public Health and Safety so it may already fall under the broader disaster preparedness funding language.
Mayor Iverson opened the Public Forum.
Nick Waranoff requested that someone provide an overview of the process of how Townsend Public Affairs works for the City, particularly in terms of communications developed and whether these are publicly available.
City Manager Smith spoke about the current Lamorinda framework as it relates to transportation and related infrastructure which states, “The Coalition looks to encourage and support federal and state actions that invest in local public infrastructure projects with regional benefits.” It also goes onto to note that the framework would expand local transit, micro-transit, bus services, and emerging transit opportunities. Under this heading and context, it would be enough for the region to talk with one voice on the matter related to BART.
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Mayor Iverson asked, and City Manager Smith explained, how the City works with Townsend Public Affairs in meeting every other week, discussing legislative updates including new bills, the appropriations process, positions of support or opposition, regional coordination, and planning advocacy visits to Sacramento. Townsend typically drafts advocacy letters, which City staff review before they are signed by the Mayor or by the City Manager under existing authorization, and then submitted through the State’s legislative portal to ensure the City’s positions are on record.
Mayor Iverson turned to the Council for any comments.
Councilmembers expressed general support for the 2026 Legislative Platform.
Councilmember Hoxie appreciated the BART and vacant storefront items and noted the inclusion of E-bike issues. Councilmember Malkani requested retaining the language regarding supporting fair representation on countywide and regional boards and was fine keeping the specific BART item. Vice Mayor Gee supported the platform, noting it captures key recent priorities. Mayor Iverson emphasized that the platform allows staff to respond to legislative requests efficiently and suggested considering landslide disaster relief coordination with other cities. Councilmember Malkani also asked to be notified of any state or federal legislation related to fair regional board representation so the City can respond.
MOTION by Councilmember Malkani, and seconded by Councilmember Hoxie, to approve the City’s 2026 Legislative Platform. Said motion carried by unanimous (4-0) vote.
H.2 Infrastructure Committee Report of Activities, Including Framework for Acceptance of Private Roads
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.
City Manager Smith introduced the matter and said Councilmember Hoxie would like to make a statement.
Councilmember Hoxie noted for the record that the home that she and her husband own in Orinda is located on a privately maintained road. That road is a cul-de-sac serving approximately 7 homes. They are not part of an HOA. Historically, neighbors have cooperated as needed to arrange and fund maintenance of their road. Their road was not offered for dedication to the public when it was created by Subdivision Map and was never accepted for maintenance by the City or County.
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She determined she could generally participate in discussions about privately maintained roads under the FPPC’s Public Generally Rule because her situation affects a significant portion of residents, but she recused herself from specific discussions—such as distinctions involving HOA-maintained roads—where the impact on her property could be unique.
Mayor Iverson asked if there is an informational part that Councilmember Hoxie could listen to before they sever the forum for discussion purposes.
City Attorney Osa Wolff said yes; Councilmember Hoxie can hear the staff report and hear questions about the staff report although she would recommend not asking questions about the HOA issue. She can also hear public comments and then when it comes to deliberation, the Council should determine whether the segmentation approach they sometimes use can be applied in this situation. Councilmember Hoxie confirmed this would be her preference.
City Manager Smith provided a brief background on the Infrastructure Subcommittee.
Vice Mayor Gee explained that Private Road Acceptance Policy 56-18 is intended as a framework allowing residents of private roads to explore public acceptance while maintaining fiscal separation between public and private roads. She noted that many private roads are already used by the public and that the committee continues reviewing the divisive policy through public discussions, with the goal of identifying improved options over time rather than proposing a one-size-fits-all solution.
Councilmember Malkani acknowledged frustration with the existing private road policy, stating the revised approach is a framework designed to encourage discussion rather than block proposals. The framework introduces objective criteria to address varying circumstances and serves as an interim step in addressing complex road issues.
Vice Mayor Gee stated the committee has not evaluated or compared potential costs, noting that road and drainage maintenance will have significant financial implications for residents and/or the City and will need to be addressed as the policy evolves.
Councilmember Hoxie requested that Vice Mayor Gee review the proposed framework.
Mayor Iverson asked for clarification regarding the standards related to pavement life and maintenance.
Mayor Iverson cited the current ordinance language requiring a pavement life of 20 years and a condition that does not require surface maintenance for five years, and asked how the proposed framework compares to that standard.
City Engineer Siva Natarajan explained that the five-year reference aligns with the City’s preventive pavement maintenance cycle, which tracks pavement conditions and applies treatments such as slurry seal to extend pavement life.
Mayor Iverson asked what testing or evaluation standard is proposed under the framework and requested clarification on how it relates to the current ordinance requirements.
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Councilmember Malkani said the Infrastructure Subcommittee previously received a staff presentation on the framework and suggested that Vice Mayor Gee and staff review it.
She noted the framework provides guidance for developing a future ordinance or resolution, which would return to the committee and Council for consideration.
Mayor Iverson requested that subcommittee members walk the Council through the nine framework points and explain the rationale to allow Council feedback.
City Manager Smith cited one correction on the framework: Regarding Bullet 2 where it states “eliminating the requirement for all property owners to sign an application for acceptance when an offer of dedication on the road already exists” this is inaccurate and should be deleted entirely because it currently does not require that.
City Manager Smith explained that staff reviewed Resolution 59-18 to identify provisions that could be less restrictive and more supportive of private road acceptance. Key considerations include lowering the pavement condition threshold, allowing HOA-served communities to participate, and shifting the policy tone to support requests for change.
She also referenced examples such as Orinda Woods and a grant-supported program in San Anselmo as models while noting the committee is exploring grants and other supportive programs.
The Subcommittee is evaluating a range of options before making recommendations and did not want to devote additional staff resources to researching financial implications unless the Council is interested in pursuing significant modifications to the resolution.
City Engineer Siva Natarajan explained that the current resolution addresses two elements—pavement life and maintenance—but the proposed approach would shift the focus from pavement lifespan to pavement condition index (PCI) as the primary evaluation metric.
Vice Mayor Gee said the City’s first comprehensive PCI assessment of both public and private roads showed an average PCI of about 69, indicating generally good conditions.
She noted that newer developments such as Wilder have excellent pavement, many private roads are in fair-to-good condition and maintained by residents, and a smaller number of older, poorly maintained roads lower the overall average.
Mayor Iverson asked for clarification regarding the policy statement that private development fronting a road must generally meet zoning and subdivision standards applicable to properties on public roads.
City Attorney Osa Wolff explained that the provision relates to setback requirements, which the City measures from pavement or roadway. Properties on private roads seeking City acceptance would need to meet the same setback standards applied to properties on publicly maintained roads.
Councilmember Hoxie noted that many private roads are narrower than public streets, meaning applying public-road setback standards could place the measurement point within existing homes, effectively disqualifying many private roads.
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Vice Mayor Gee added that this issue has been repeatedly raised, noting that the current policy holds private roads to the highest public-road standards even though some existing public roads do not meet those same standards. The feedback for years is that the City is trying to hold everything to do with private roads at a higher level than a lot of public roads. Mayor Iverson asked and confirmed with the City Attorney that what those setback rules were about measuring from center road to where development happened.
Mayor Iverson opened the Public Forum.
Bob Finch, Wilder HOA Boardmember, said funds for Wilder road maintenance are precollected from residents in their dues. He thanked the Infrastructure Committee for its good faith, open-mindedness and diligence over the last two years and added that, as a member for Orindans for Road Fairness, they have been working for nine years to get to this point, and he urged the Council to approve the proposed framework as a framework.
Nick Waranoff said he thinks Vice Mayor Gee’s comments were biased and asked her to consider stepping down from the Committee, thinks Councilmember Hoxie’s comments were thorough and reasoned regarding conflict of interest; however, he said the City Attorney previously opined for a Council candidate who could not participate in discussions on private roads.
Mayor Iverson commented that if the HOAs are potentially going to be counted, that dilutes the impact of the issue and makes it more general. When talking about private roads without including the HOAs that would be a conflict and Councilmember Hoxie will recuse herself similar to the Council candidate.
Kathy Finch thanked the Infrastructure Subcommittee for including private road residents in the review, noting that approximately 22% of Orinda residents live on private roads.
Many homeowners were originally required to develop private streets due to limited City funding for public road maintenance. She expressed concern that private road residents cannot benefit from City road damage impact fees despite contributing to them, placing them in a unique situation.
Joe Bowman, an HOA resident, expressed appreciation for the proposed framework but noted it presents an “either/or” option for private roads to opt in for City services or remain independent. He suggested including a third approach that encourages HOAs or homeowner groups to continue self-maintenance while receiving some form of City support, and asked the Subcommittee to consider this option before adopting the framework.
Mayor Iverson closed the public forum and suggested talking about the HOA inclusion or not first because that will determine Councilmember Hoxie’s additional participation.
Noted Absent/Recused: Councilmember Hoxie left the meeting.
City Manager Smith noted that Resolution 59-18 currently excludes HOAs from participating in public road acceptance and asked the Council whether staff should research the potential impacts of including HOAs in the process.
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Mayor Iverson acknowledged the Finch’s input on well-maintained HOA roads and the challenges of Proposition 13, emphasizing that inclusion of HOAs raises significant fiscal implications. She asked the Subcommittee to consider whether it affirmatively supports including HOAs.
Councilmember Malkani stated that removing the HOA exclusion from the framework does not imply immediate acceptance of all HOA roads; it reflects support for a long-term path while maintaining fiscal prudence.
Vice Mayor Gee noted that private HOAs maintain roads at lower cost than the City, and a tonal shift in the framework supports a more inclusive approach without guaranteeing immediate public road conversion. She emphasized that financial considerations will remain central.
Mayor Iverson clarified that participation alone cannot justify inclusion without addressing the underlying financial constraints. She stressed that any inclusion of HOAs would require designing a program to manage potential fiscal impacts.
Vice Mayor Gee reinforced that the framework is not intended to automatically convert private roads to public roads, but to create a long-term path for those who wish to pursue it.
Mayor Iverson and Councilmember Malkani agreed that removing the exclusion from the criteria allows future options without committing the City to immediate acceptance or financial liability, highlighting that nuanced, long-term solutions such as assessment districts or private infrastructure programs could support interested neighborhoods.
The Council recognized that the 59-18 framework is primarily an ordinance defining criteria for public road acceptance, and that current discussions represent a broader effort to explore supportive programs and tone shifts to facilitate private road improvements over time.
Vice Mayor Gee emphasized that the goal is to explore solutions rather than exclude HOAs, noting that challenges with private road maintenance vary—some residents are willing to maintain roads but lack an HOA or other mechanisms to coordinate neighbor contributions.
Mayor Iverson stated the key issue is how to address private roads involving both assessments and HOAs. She emphasized that while Ordinance 59-18 is not effective, the focus should be on developing a comprehensive program—addressing legal, financial, and infrastructure issues—before revising the resolution.
Councilmember Malkani asked whether HOAs should be excluded while new criteria are being developed and noted that current language in 59-18 states that HOA roads are not eligible for City acceptance.
Mayor Iverson said she is not prepared to include HOAs in a road adoption pathway until the City resolves the fiscal imbalance between assessment funding and property tax limitations. She supports continued exploration of HOA inclusion but opposes revising 59- 18 without a broader solution.
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Vice Mayor Gee cautioned against excluding HOAs at this stage, noting that doing so could be divisive and hinder the search for long-term solutions. She emphasized the importance of exploring options that could eventually address financial challenges.
Councilmember Malkani clarified that maintaining the exclusion could permanently prevent HOA roads from seeking adoption, whereas the Subcommittee’s intent is to continue exploring potential pathways despite current funding limitations.
Mayor Iverson reiterated that the Subcommittee should develop a workable program first—potentially including grants, maintenance agreements, or revised standards— before drafting ordinance language. She expressed concern that current discussions are focused too heavily on minor revisions to 59-18 rather than comprehensive solutions.
Councilmember Malkani noted the Subcommittee wanted to avoid staff drafting proposals that may not align with the Council’s policy direction and sought clarity on specific proposed changes.
Vice Mayor Gee suggested the issue may need to be revisited with additional Councilmembers present to ensure full input.
Mayor Iverson concluded that the Subcommittee should focus on addressing the major challenges—such as assessment formation, legal processes, road standards, engineering issues, and HOA considerations—before revising ordinance language, emphasizing the need to define the overall solution first.
Mayor Iverson suggested having Councilmember Hoxie return.
City Attorney Wolff clarified that under FPPC segmentation rules, issues must be separable and finalized, and cannot be reopened once Councilmember Hoxie returns.
She noted consensus that HOA membership should not be treated as a strict dividing line for private road consideration.
Mayor Iverson agreed, stating there is unanimity that HOAs should not be categorically excluded, and Councilmember Hoxie can be re-engaged in the discussion.
Noted as Present: Councilmember Hoxie returned to the meeting remotely.
Mayor Iverson asked Councilmember Hoxie to share her questions, thoughts, or concerns, and the Subcommittee can respond similarly.
Councilmember Hoxie raised the need for prioritization of private roads, suggesting focus on critical routes, roads in poor condition, or roads that serve as evacuation paths. She also proposed interim support, such as helping homeowners access contractors for maintenance and storm drain issues.
Vice Mayor Gee and Councilmember Malkani agreed that technical assistance—finding contractors, forming assessment districts, and addressing drainage—is necessary and should be explored as part of a longer-term solution.
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City Manager Smith summarized that Council supports staff working with the Infrastructure Committee to develop detailed program options, including financial analysis to assess potential impacts and resource requirements. She noted staff capacity is limited and additional resources, including consultants, may be needed.
Mayor Iverson emphasized defining the scope of Phase 2 of the program, focusing on meaningful financial analysis tied to HOA funding structures and other funding mechanisms, rather than quantifying finances in isolation.
Councilmembers agreed on the importance of incremental, consensus-driven progress, balancing staff effort and resource needs.
Councilmember Hoxie expressed support for the Subcommittee’s approach and the value of the current data and mapping work.
Mayor Iverson thanked the Subcommittee and staff for their efforts, recognizing the significance of their work for the City.
Councilmember Hoxie said she will need to leave the meeting and asked if the Council could postpone Item H.4 until the next meeting.
MOTION by Mayor Iverson, and seconded by Councilmember Hoxie, to continue Item H.4 to the next Council meeting. Said motion carried by unanimous (4-0) vote.
Noted Absent: Councilmember Hoxie left the meeting at 9:47 p.m.
H.3 Housing Law Senate Bill 1123 Study Session
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).
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EXTEND MEETING
MOTION by Councilmember Malkani, and seconded by Vice Mayor Gee, to extend the meeting time to 10:30 p.m. Said motion carried by unanimous (4-0) vote.
Mayor Iverson and Councilmembers discussed whether the item should be continued, given the absence of two Councilmembers.
Associate Planner Darin Hughes gave the staff report and PowerPoint presentation regarding SB 1123. The amended Starter Home Revitalization Act mandates ministerial approval for subdivisions up to 10 lots with up to 10 units on eligible single-family parcels.
State law grants local agencies the authority to determine whether ADUs/JADUs are permitted on these newly-created small lots and whether a subsequent SB 9 lot split may occur on these parcels.
Mr. Hughes provided background on ADUs and the state framework, the City’s experience over the last two years with an uptick in approvals of ADUs (140) and JADUs (9) in Orinda. He also provided background on SB 9 which requires ministerial approval on new single-family residences and ministerial processing of lot splits as single-family zoned lots.
The Starter Home Revitalization Act law requires ministerial approval (within 60 days) for subdividing eligible residential lots into up to 10 parcels for the development of up to 10 residential units. SB 1123 (effective July 1, 2025) expanded site eligibility to include vacant single-family zoned lots (up to 1.5 acres). AB 130 allows a developer to designate a “remainder parcel” to retain an existing structure. This designated parcel does not count towards the 10-parcel statutory limit.
He described eligibility criteria which includes maximum size of 1.5 acres, no permanent habitable structure or tenant occupancy within the past 5 years, at least 75% of the parcel’s perimeter must adjoin qualified urban uses, cannot be a lot previously created by SB 9 or this specific Act, and cannot be located within a Very High Fire Hazard Severity Zone.
Mr. Hughes then described requirements of the Starter Home Revitalization Act:
• The City must allow new parcels as small as 1,200 s.f. • Average total floor space across the project cannot exceed 1,750 net habitable s.f. • The City cannot impose a FAR less than 1.0 (3-7units) or 1.25 (8-10 units) • The City cannot require rear/side setbacks greater than 4 feet from original lot lines. No internal setbacks between new units are required. • The City cannot require more than one off-street parking space and cannot require the space to be enclosed or covered.
• The City can require adherence to all objective standards, including zoning code and objective design standards.
• Standards that would preclude development in accordance with the Act may not be enforced.
• Lots created under this Act generally may not be sold individually until they have been developed in accordance with the Act’s requirements.
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Mr. Hughes then presented examples of a small duplex, duplex, townhouse, courtyard, stacked flats, large multiplex, density requirements, assumptions involving topography, access, more stringent fire hazard severity zone restrictions, and higher barrier to entry.
For policy consideration, Mr. Hughes asked how should the City allow ADUs. Policy options range from 1) prohibition outright; 2) size restrictions; 3) unit cap, and 4) allow fully.
Regarding next steps, based on Council’s feedback, staff will draft the necessary ordinance and zoning text amendments to codify the City Council’s direction.
Vice Mayor Gee asked about implementing objective design standards for unit layouts on subdivided lots. Mr. Hughes confirmed staff would review small lot subdivision guidelines to cover multiple scenarios.
Vice Mayor Gee also inquired about infrastructure—water, gas, sewer, egress—and confirmed that the remainder lot doesn’t count toward square footage, with units capped at 1,750 sq ft on average and a 1,200 sq ft minimum. Units could be single-family homes, townhomes, cottages, etc., though not every configuration can be codified.
Councilmember Malkani asked about current ADU uses. Mr. Hughes said data isn’t yet available. She clarified JADU definitions and asked about developing vacant lots. Mr.
Hughes noted one current application to subdivide a lot into four, with interest in others but there are barriers such as access and parking. For a two-acre lot, roughly 0.75 acre could be developed under density and slope rules.
Vice Mayor Gee asked about ownership, and Mr. Hughes said undeveloped subdivided lots cannot be sold separately, but developed lots can, following SB 1123.
Mayor Iverson asked about water, sewer, and parking. Mr. Hughes said utility will-call letters and Fire District review and approval are required, and one parking space per unit is still required, unenclosed, unless near BART.
Councilmember Malkani confirmed the policy applies only to SB 1123 lots; SB 9 is separate. Mr. Hughes explained Option 1 (not allowing units) is the easiest option but limits buyer opportunities. Size restrictions and unit caps would need deed restrictions and more administrative tracking under Option 3.
EXTEND MEETING
MOTION by Mayor Iverson, and seconded by Councilmember Malkani, to extend the meeting to 10:45 p.m. Said motion carried by unanimous (4-0) vote.
Mayor Iverson opened the Public Forum.
Nick Waranoff submitted a brief letter opposing the view that SB 1123 will be rarely used, citing a loophole allowing developers to demolish existing homes and apply the law to vacant parcels. He emphasized concerns about safe emergency evacuation and urged the Council to direct staff to use the safety exception to deny SB 1123 applications within 100 feet of evacuation routes.
Orinda City Council Minutes Page 16 of 17 03.03.26
Ann Argabright supported Mr. Waranoff’s concerns, sharing that her son’s home in Los Angeles nearly burned during a wildfire, with neighbors working all night to put out embers. She warned that similar events could happen locally and cited reports suggesting Orinda could face risks like Pacific Palisades. She also expressed concern that statewide laws requiring ministerial implementation leave residents without recourse, forcing reliance on published guidelines.
Tom Secla commented that while SB 1123 may make sense in communities with multiunit housing, it is not suitable for Orinda. He also distinguished between ADUs as rental properties versus starter homes.
Mayor Iverson closed the public forum and turned to the Council for discussion.
Vice Mayor Gee asked if the suggestion from Mr. Waranoff and others to invoke the safety exception is allowed by the State.
City Attorney Osa Wolff stated it is true the language is in the law, but it is also a caseby-case determination. It would be looking at the application and whether the findings can be made relating to safety problems.
If the Council directs staff to determine how this might work, staff can do this, but she does not recommend tonight directing staff that for all SB 1123 applications that come in should be denied based on the safety concern. She also noted that it ends up being a two-step process; the City must have its objective standards prepared before the application comes in and then the application is measured against objective standards to determine if you can make the safety findings.
The following comments were made relative to Options 1-4:
Councilmember Malkani:
• Option 4 is rejected.
• Leaning toward Option 1; considering Options 1 and 3. • Notes Option 3 may be more cost-efficient and allow staged building. • Seeks staff and colleague recommendations.
Vice Mayor Gee:
• Supports Option 1.
• Concerned about density being inappropriate for Orinda neighborhoods. • Cites public safety issues and opposes high density despite State housing needs.
Mayor Iverson:
• Highlights evolving State laws (SB 9, ADUs) and densification strategies. • Prefers Option 3 for flexibility and smaller-scale development (2–3 units with ADUs/JADUs).
• Supports starting with Option 1 with potential to revisit based on future planning feedback.
In response to comments, Mr. Hughes noted Option 3 allows future flexibility for ADUs/JADUs without immediate additional units.
Orinda City Council Minutes Page 17 of 17 03.03.26
City Attorney Wolff confirmed that AB 1123 parcels must follow same objective design standards as other single-family parcels; downtown standards are separate and not applied to single-family residential zones; and Citywide Objective Design Standards (ODSs) are in progress but not yet adopted.
EXTEND MEETING
MOTION by Councilmember Malkani, and seconded by Mayor Iverson, to extend the meeting by 10 minutes to 10:55 p.m. Said motion carried by unanimous (4-0) vote.
Councilmembers and City Manager Smith confirmed there was consensus to pursue Option 1.
Vice Mayor Gee said she would also like to explore whether they can do anything else regarding public safety that is not just application-by-application.
City Attorney Wolff confirmed there was Council policy direction for Option 1 on ADUs— direction for no SB 9 lot splits, for staff to pursue what it would take to make safety findings, and for the ODSs to come back to the Council as soon as possible.
H.4 Discussion Regarding Possible Joint Meeting with Town of Moraga and Moraga-Orinda Fire Protection District
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.
This item was continued to the next City Council meeting.
K. MATTERS INITIATED – None.
L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 10:48 p.m. to the next Regular City Council Meeting on Tuesday, March 17, 2026 at 7:00 p.m. ______________________________
Sheri Marie Smith, City Clerk