Agenda packet, first session — Orinda City Council, July 7, 2026 (part 2 of 2)

ORDINANCE NO. 26-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORINDA

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORINDA AMENDING TITLE 16 AND TITLE 17 OF THE ORINDA MUNICIPAL CODE TO ESTABLISH

LIMITATIONS ON PARCELS CREATED PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 66499.41
The City Council of the City of Orinda DOES ORDAIN as follows:

SECTION 1.

The City Council of the City of Orinda intends, by adopting this ordinance, to amend Title 16 (Subdivisions) and Title 17 (Zoning) of the Orinda Municipal Code to establish limitations on parcels created pursuant to California Government Code Section 66499.41 (the "Starter Home Revitalization Act"). Such limitations are required to prevent the compounding of density, avoid the creation of increasingly constrained parcels, and ensure that subdivisions result in the construction of housing as intended by State law rather than land speculation.

This ordinance exercises the City's local discretion granted under State law to prohibit Accessory Dwelling Units (ADUs), Junior Accessory Dwelling Units (JADUs), and subsequent urban lot splits on these parcels. It is further the intent of the City to enforce state-mandated sale requirements. See California Government Code Section 66499.41(g) [ADUs], Section 66499.41(h) [Urban Lot Splits] and Section 66499.41(e) [sale requirements].

SECTION 2.

Title 16 (Subdivisions) of the Orinda Municipal Code is amended to add chapter 16.18 – Starter Home Revitalization Act Subdivisions:

16.18.010 - Limitations on subdivisions pursuant to Government Code Section 66499.41.

The following limitations shall apply to any subdivision approved by the City pursuant to the authority contained in California Government Code Section 66499.41:

A. Enforcement of Sale and Lease Restrictions. No person shall sell, lease, or finance any parcel or parcels of real property resulting from a subdivision under this section separately from any other such parcel or parcels, unless each parcel that is sold, leased, or financed meets one of the statemandated criteria set forth in California Government Code Section 66499.41(e)(1). Although California Government Code Section 66499.41(e)(2) allows a local agency to authorize the sale, lease, or finance Item J.1
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of parcels without compliance with the provisions of 66499.41(e)(1), the City of Orinda has expressly declined to do so.

B. Prohibition of Subsequent Urban Lot Splits. A parcel created through a subdivision pursuant to California Government Code Section 66499.41 (Starter Home Revitalization Act) shall not be eligible for further subdivision pursuant to California Government Code Section 66411.7 (Urban Lot Split).

SECTION 3.

Title 17 (Zoning) of the Orinda Municipal Code is amended to add the following paragraph (M) to Section 17.3.4 (Accessory Dwelling Units):

M. No ADU or JADU is permitted on any parcel created through the exercise of the authority contained in California Government Code Section 66499.41 (Starter Home Revitalization 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 is consistent with the Orinda General Plan.

SECTION 6.

This ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Government Code Section 66499.41(i), which states that an ordinance adopted by a local agency to implement the provisions of Government Code Section 66499.41 shall not be considered a project under Division 13 of the Public Resources Code.

SECTION 7.

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

SECTION 8.

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

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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 __________ and was adopted and ordered published at a regular meeting held on __________ 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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RESOLUTION NO. PC 2026-04

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORINDA, STATE

OF CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 16 (SUBDIVISIONS) AND TITLE 17 (ZONING) OF THE

ORINDA MUNICIPAL CODE TO ESTABLISH LIMITATIONS ON PARCELS CREATED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66499.41 WHEREAS, State law, specifically California Government Code Section 66499.41 (Starter Home Revitalization Act), mandates ministerial approval for the subdivision of eligible vacant single-family parcels into up to 10 lots for the development of up to 10 residential units; and
WHEREAS, the statute preserves local agency discretion regarding the allowance of Accessory Dwelling Units (ADUs), the permissibility of subsequent ministerial lot splits under Government Code Section 66411.7 (Senate Bill 9), and the waiver of certain property sale restrictions; and
WHEREAS, on March 3, 2026, the City Council held a study session and directed staff to draft an ordinance exercising the City's local discretion to prohibit ADUs and subsequent SB 9 lot splits on these parcels; and
WHEREAS, establishing those local limitations is necessary to prevent the compounding of density, avoid the creation of constrained small parcels, and ensure subdivisions result in actual housing construction in accordance with State law; and WHEREAS, on May 12, 2026, at a public hearing noticed consistent with state law, the Planning Commission took testimony, discussed the issues and considered all the written and oral evidence presented at the public hearing in making its decision.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby recommend City Council adoption of the proposed Ordinance 26-05.

PASSED, APPROVED, AND ADOPTED at a meeting of the Planning Commission on May 12, 2026, by the following vote:

AYES: Commissioners: Armstrong, Doctors-Rajashekhar, Jelinek, Merola NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: Hubner, Oblinsky, Schmidt
Kumani Armstrong, Chair
ATTEST:
__________________________________
Lashun Cross, Planning Director
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PROPOSED ORDINANCE 26-05: STARTER

HOME REVITALIZATION ACT
CITY COUNCIL JULY 7, 2026
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Executive Summary
The State of California’s Starter Home Revitalization Act mandates ministerial (non-discretionary) approval for subdividing eligible single-family lots into up to 10 parcels for the development of up to 10 residential units. The law explicitly grants local agencies the discretion to regulate:

1. The waiver of property sale restrictions

2. Subsequent ministerial lot splits under Senate Bill 9 (SB 9)

3. The allowance of Accessory Dwelling Units (ADUs)
Proposed Ordinance 26-05 exercises the City’s discretion on these items.

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March 3, 2026: City Council Study Session
Council reviewed the implications of SB 1123 and directed staff to draft an ordinance exercising maximum local discretion where allowed by state law.

May 12, 2026: Planning Commission Hearing
The Planning Commission held a duly-noticed public hearing to review draft text amendments.

The Commission voted unanimously (4-0) to recommend that the City Council adopt the proposed ordinance.

Background
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Starter Home Revitalization Act
• 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
• Development does not need to be 1:1 parcels: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 toward the 10-parcel statutory limit.

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Starter Home Revitalization Act - Eligibility
Maximum
size
• The existing
parcel
cannot
exceed 1.5
acres
Vacant
• No
permanent
habitable
structure
• No tenant
occupancy
within the
past 5 years
Infill
• At least
75% of the
parcel's
perimeter
must adjoin
qualified
urban uses
Established
appropriately
• Cannot be
a lot
previously
created by
SB 9 or this
specific Act
Fire
safety
• Cannot be
located
within a
Very High
Fire Hazard
Severity
Zone
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Starter Home Revitalization Act - Requirements
• The City must allow new parcels as small as 1,200 sq. ft • Average total floor space across the project cannot exceed 1,750 net habitable sq. ft.
• The City cannot impose a FAR less than 1.0 (3-7 units) 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.

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Starter Home Revitalization Act - Requirements
• The City can require adherence to all objective standards, including zoning code and objective design standards
• The Citywide Objective Design Standards are applicable to all projects • 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 Item J.1
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1 Sale & Lease Restrictions
Strictly enforces state
restrictions prohibiting the
separate sale or lease of
newly-subdivided parcels
until residential structures
are developed.
2 Prohibit Subsequent SB 9
Splits
Exercises local discretion
to prohibit parcels created
under the Act from being
further subdivided
ministerially via SB 9,
preventing
"compounding" density.
3 Prohibit ADUs on New
Lots
Prohibits the addition of
ADUs/JADUs on
newly-created starter
home parcels to manage
density, parking, and fire
safety hazards.

Proposed Ordinance 26-05
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Title 16 Amendments

16.18.010 - Limitations on subdivisions pursuant to Government Code Section 66499.41.

The following limitations shall apply to any subdivision approved by the City pursuant to the authority contained in California Government Code Section 66499.41:

A. Enforcement of Sale and Lease Restrictions. No person shall sell, lease, or finance any parcel or parcels of real property resulting from a subdivision under this section separately from any other such parcel or parcels, unless each parcel that is sold, leased, or financed meets one of the state-mandated criteria set forth in California Government Code Section 66499.41(e)(1).

Although California Government Code Section 66499.41(e)(2) allows a local agency to authorize the sale, lease, or finance of parcels without compliance with the provisions of 66499.41(e)(1), the City of Orinda has expressly declined to do so.

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Title 17 Amendments
Add the following to Section 17.3.4 (Accessory Dwelling Units):

M. No ADU or JADU is permitted on any parcel created through the exercise of the authority contained in California Government Code Section 66499.41 (Starter Home Revitalization Act).

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Government Code § 66499.41(f) allows the City to deny a subdivision map if it makes a written finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact upon public health and safety for which there is no feasible mitigation. ● March 3, 2026 hearing: City Council directed staff to evaluate policy related to development within 100 feet of evacuation routes ● At a technical assistance meeting, HCD staff verified that the intent of the law is to require jurisdictions to assess subdivision and development projects on a case-by-case basis. Policy that could constitute a blanket prohibition carries litigation risk.

Evacuation Safety Analysis
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Evacuation Policy Options Under Review
As an alternative, staff is evaluating objective standards to assess public health and safety impacts regarding evacuation that include:
● Leveraging existing Wildland-Urban Interface (WUI) development constraints
● Utilizing evacuation modeling software to establish objective constraint thresholds
● Implementing new policies regarding access management Item J.1
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Introduce and waive the first reading of Ordinance 26-05, amending Title 16 (Subdivisions) and Title 17 (Zoning) of the Orinda Municipal Code to establish local limitations on parcels created pursuant to California Government Code Section 66499.41.

Recommendation
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● If the proposed Ordinance 26-05 is introduced tonight, this item would be brought back to the City Council at the public meeting on July 21, 2026, or as soon thereafter as possible, for a second reading and adoption.
● Staff will return to the Council with a comprehensive review of evacuation policy options and spatial analysis of qualifying parcels at the public meeting on July 21, 2026, or as soon thereafter as possible.

Next steps
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QUESTIONS
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: July 7, 2026
SUBJECT:

Overview of Proclamation Practices
EXECUTIVE SUMMARY:

At its April 21, 2026 meeting, the City Council directed Staff to research how other municipalities administer proclamation requests and approvals. Staff found that local governments utilize a variety of approaches, including City Council approval, mayoral approval, shared authority models, annual proclamation calendars, public request processes, and differing eligibility and presentation practices. This report summarizes the range of approaches used by municipalities.

RECOMMENDATION:

Receive the report on proclamation practices and determine whether to consider amendments to the City Council’s Rules and Procedures at a future meeting.

BACKGROUND:

At the April 21, 2026, City Council Meeting, during its review of the Council Rules, the City Council directed Staff to research and report on how other municipalities administer proclamation requests and approvals.

DISCUSSION:

Proclamations are ceremonial statements issued by local governments to recognize individuals, organizations, events, causes, historical commemorations, and public awareness campaigns. The City of Orinda’s approach to proclamations is established in Section 8.1 of the City Council Policies and Procedures Manual (Attachment 1), which states:
“The Mayor may issue proclamations, certificates of recognition, and similar documents on behalf of the Mayor. After such documents are issued, the Mayor may place them on a City Council agenda under ‘Items for the Good of the City’ to inform the Council, recognize the recipient(s), and provide an opportunity for comment. Proclamations, certificates of recognition, and similar documents shall not be issued on behalf of the City Council unless first approved by the Council at a public meeting.” Item K.1
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Practices vary significantly among other local jurisdictions. Some cities require City Council approval for all proclamations, while others delegate authority to the Mayor or staff. Still others utilize a hybrid approach that combines Mayor and City Council involvement depending on the type of proclamation being requested.

Approval Authority
Staff found that there are several different approaches to approving proclamations.  Annual Council Approval Calendar: Some cities establish an annual calendar of recurring proclamations. Under this approach, the City Council approves a slate of recurring recognitions once each year, and proclamations are issued throughout the year as the applicable dates occur. This approach is commonly used for annual observances and recurring commemorative events.
 Individual City Council Approval: Under this model, each proclamation is placed on a City Council agenda and considered prior to the related event, with approval determined through formal Council action. New requests may be considered as they are received throughout the year.
 Mayoral Approval: Some municipalities designate the Mayor to approve proclamations without City Council action. Under this approach, the Mayor determines whether a proclamation will be issued.
 Shared Authority: Some cities allow proclamations to be approved by either the Mayor or the City Council, which is the approach adopted in the City of Orinda.

Under this model, approval authority may vary depending on the nature of the recognition being requested.

Initiating Proclamations: Municipalities generally receive proclamation requests through one of two methods.
 Public Request Process: Many cities maintain an application process that allows residents, organizations, and community groups to request proclamations. o These applications typically require:
 Advance notice.
 Contact information.
 A description of the event or observance.
 Draft proclamation language.
 An explanation of the request's relevance to the community.  Council-Initiated Requests: Other cities issue proclamations at the request of the Council, the Mayor, City staff, or any combination of those. Some jurisdictions use Item K.1
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a combination of both approaches, accepting public requests while retaining discretion regarding whether a proclamation is issued.
 Eligibility Guidelines: Many municipalities have adopted written guidelines describing the types of proclamations that may be issued. Common criteria include:
o Local Relevance: The proclamation should have a connection to the city, its residents, businesses, organizations, or community institutions. o Alignment with Community Values: The subject of the proclamation should align with the community's values, goals, priorities, or public interests. o Public Purpose: Many cities limit proclamations to matters that serve a public or civic purpose rather than private interests.
o Non-Commercial Nature. Municipalities commonly prohibit proclamations that:
▪ Promote commercial products or services.
▪ Advertise private businesses.
▪ Endorse political candidates or ballot measures.

Awarding Proclamations
Cities employ a variety of methods for presenting approved proclamations.  Resolution Only: Some municipalities incorporate commemorative recognitions into Council resolutions without issuing separate ceremonial proclamations.  Mailed Proclamation: In some cases, the proclamation is a document which is prepared and mailed directly to the recipient following approval.  Public Presentation: Some jurisdictions present proclamations at a formal public meeting or at a public event, often accompanied by a ceremonial reading, presentation, or commemorative photography. Readings and presentations are most commonly conducted by the Mayor. However, some communities involve the entire City Council by either rotating speakers within a single proclamation or rotating responsibility for presenting proclamations among councilmembers at each meeting.

Alternative Practices
Some municipalities conduct proclamation reading and/or ceremonies/presentations outside of regular City Council meetings. Rather than presenting proclamations during Council meetings, ceremonial recognitions are conducted through standalone events.

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This approach separates ceremonial recognitions from the Council's regular business agenda while still providing an opportunity for public acknowledgment.

Comparative Analysis
Organization Approval
Method Approval Authority Initiating Proclamations
Awarding
Proclamations
City of Lafayette Annual Council Council or Public Resolution Only City of Orinda Individual Council or Mayor Council or Mayor Public Presentation Town of Moraga Individual Council or Mayor Council or Mayor Public Presentation City of Walnut
Creek Individual Mayor's Consideration Public requests are allowed for one-offs Public Presentation
or Mailed
City of Pleasant Hill Individual Mayor's Consideration
Public or a
Board/Commission
Request
Public Presentation
City of San Ramon Individual
Mayor's Consideration
(Designated to City
Manager Currently)
Council, Mayor, or
Public Public Presentation
City of Concord Individual Mayor's Consideration Council or Public Public Presentation City of Pleasanton Individual City Manager Public Public Presentation City of Dublin Annual Council Council or Public Public Presentation Conclusion
Local governments utilize a wide range of approaches for issuing proclamations.

Practices vary regarding approval authority, initiation of requests, eligibility criteria, and presentation methods. Common approaches include mayoral approval, City Council approval, shared authority models, annual proclamation calendars, public request processes, and both formal and informal presentation methods. The City Council may direct staff to return at a future meeting with proposed amendments to the Council Rules and Procedures regarding proclamation requests and approvals for the Council’s consideration.

FISCAL IMPACT:

None.

STRATEGIC PLAN INITIATIVE:

4. Community Engagement and Education
e. Expand the City’s communication efforts to include more information on local events, services, and activities of interest to residents.

ATTACHMENTS:

1. City Council Policies and Procedures Manual
Item K.1
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Respectfully Submitted by,
Cole Haselip, Assistant to the City Manager
Approved By:

Linda Smith, City Manager
Item K.1
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1 CITY COUNCIL, CITY OF ORINDA

POLICIES AND PROCEDURES MANUAL
Section Page
l. Authority 2

2. Meetings 2

3. Agenda 5

4. Public Participation 7

5. Conducting Meetings 8

6. Quasi-Judicial Hearings 12

7. Voting 14

8. Officers 15

9. Boards, Commissions, and Committees 16

10. Ordinances 16

11. Administrative Matters 17

12. Emergency Procedures 18

13. Suspension, Amendment of These Rules 19
Adopted: Effective November 1, 2005
Amended Effective March 6, 2007 (Resolution No. 11-07)
Amended Effective April 10, 2007 (Resolution No. 14-07) Amended Effective March 2, 2010 (Resolution No. 14-10)
Amended Effective May 7, 2013 (Resolution No. 28-13)
Amended Effective February 18, 2014 (Resolution No. 11-14) Amended Effective February 3, 2015 (Resolution No. 09-15) Amended Effective March 15, 2016 (Resolution No. 20-16) Amended Effective August 2, 2016 (Resolution No. 44-16) Amended Effective February 6, 2018 (Resolution No. 04-18) Amended Effective March 16, 2021 (Resolution No. 14-21) Amended Effective February 1, 2022 (Resolution No. 05-22) Amended Effective March 21, 2023 (Resolution No. 20-23) Amended Effective February 20, 2024 (Resolution No. 01-24) Amended Effective March 12, 2024 (Resolution No. 08-24) Amended Effective September 3, 2024 (Resolution No. 40-24) Amended Effective September 2, 2025 (Resolution No. 50-25) Amended Effective April 21, 2026 (Resolution No. 24-26)

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2 l. Authority
The City Council establishes these Rules of Procedure for the conduct of meetings. The following Rules shall be in effect upon their adoption by the City Council and until such time as they are amended or new Rules are adopted in the manner provided by these Rules.

2. Meetings

2.1 Meeting Dates and Times

2.1.1. Dates. Regular meetings will be held on the first and third Tuesday of each month or as set by calendar adopted by the City Council. If the regular meeting date should fall on a holiday, election, or similar day, the Council may meet at an alternate time and date designated by the Council.

2.1.2. Starting Time. All regular meetings will convene at 7:00 p.m.

Meetings and will be held at the Library Auditorium at 26 Orinda Way, Orinda, unless stated otherwise in the notice. Meetings may be preceded or followed by special meetings, including closed sessions.

2.1.3. Ending Time. Meetings will adjourn at or before 10:00 p.m. A majority vote of the City Council will be required to continue the meeting to a specified time past 10:00 p.m. A unanimous vote of the City Council will be required to continue meetings to a specified time beyond 11:00 p.m. More than one such continuance may be adopted.

2.2 Closed Sessions
A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. It is a violation of the Brown Act to disclose information obtained or presented in anticipation of or during a closed session, which shall be confidential. Public comment shall be received in open session prior to a closed session.

The City Council will report out in open session any actions taken in closed session consistent with the requirements of the Brown Act.

2.3 Special Meetings
Special meetings may be called by the Mayor or by a majority of the Council members as provided in the Brown Act. See Government Code section 54956. The City Attorney or the City Manager is authorized to call a special meeting when it is to be held immediately before or after a regular meeting and is to discuss a matter in closed session. The call for a special meeting must specify the day, hour, and place and shall specify the subject(s) to be considered. Twenty-four hours notice must be provided as specified in the Brown Act. Only matters specified in the notice may be discussed at special meetings. The public shall be given an opportunity to address the Council before or during consideration of any matter described in the notice for the special meeting.

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3 2.4 Quorum
Three members of the Council shall constitute a quorum necessary to transact business.

In the event a quorum is not in attendance (including via teleconference as permitted by the Brown Act), those attending will be named in the minutes, and they shall adjourn the meeting to stated time and place.

2.5 Adjournment
The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If all Council members are absent from any regular or adjourned regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place. The City Clerk shall post a copy of the order or notice of adjournment as required by the Brown Act and other places designated by the Council within twenty-four (24) hours after the time of adjournment.

Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjournment meeting shall be held, it shall be held at the hour specified for regular meetings.

2.6 Attendance
Council members shall advise the City Manager and/or the City Clerk of any upcoming absences for future City Council meetings.

2.7 Minutes of Proceedings
An account of all public proceedings of the City Council shall be recorded by the City Clerk and entered into official minute books of the Council following approval by the Council. Unless the Council directs otherwise in a specific instance, summary (but not verbatim) minutes shall be prepared for regular meetings of the full Council, and action minutes shall be prepared for special meetings of the full Council.

2.8 City Manager
The City Manager shall attend all meetings of the Council unless excused by the Mayor.

The City Manager’s designee shall substitute when the City Manager is absent.

2.9 City Attorney
The City Attorney shall attend all meetings of the Council unless excused by the Mayor.

The City Attorney’s designee shall attend in the City Attorney’s absence if requested by the Mayor. The City Attorney shall act as the Council's parliamentarian.

2.10 City Clerk
The City Clerk shall attend all regular meetings of the Council unless excused by the City Manager, and in her/his absence, the City Clerk’s designee shall substitute. The City Item K.1
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4 Clerk shall record, prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council or the City Manager, or both.

2.11 Department Heads/Employees
Department heads and employees shall attend Council meetings as directed by the City Manager.

2.12 Public Attendance and Recording
All meetings of the City Council (except closed sessions) shall be open to the public, including the news media, in full compliance with the requirements of the Brown Act.

This will include allowing for remote participation by the public to the extent required by the Brown Act. See Government Code section 54953.4. Meetings may be recorded by any means by anyone, provided such recording does not constitute disruptive conduct under Rule 4.4.

2.13 Meeting Technology
The Council may use teleconference technology and hold virtual meetings consistent with State law, including the Brown Act and Executive Orders issued by the Governor.

Per the requirements of Government Code section 54953.4, beginning July 1, 2026, if a disruption of telephonic or internet service prevents all members of the public from attending or observing the meeting via the two-way telephonic service or two-way audiovisual platform occurs during the meeting, the Council will recess the open session of the meeting for at least one hour and make a good faith attempt to restore the service.

The Council may meet in closed session during this period. The Council will not reconvene the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier. Upon reconvening the open session, if telephonic or internet service has not been restored, the Council will adopt a finding by rollcall vote that good faith efforts to restore the telephonic or internet service have been made and that the public interest in continuing the meeting outweighs the public interest in remote public access.

2.14 Recordings
All Regular Meetings of the City Council shall, to the extent feasible, be recorded by the City Clerk and posted on the City’s website. Recordings are kept consistent with the City of Orinda Records Retention Program.

2.15 Avoiding Brown Act Violations Relating to Meeting Attendance Members of the Council shall comply fully with the requirements of the Brown Act, including those in Government Code section 54952.2 to avoid potential violations relating to attendance at meetings such as conferences, meetings conducted by City staff/consultants, meetings presented by organizations other than the City, and meetings of other legislative bodies.

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5 3. Agenda

3.1 Order of Business
The business for a Regular meeting shall generally be shown on the agenda in the following order, but this sequence may be modified on a case-by-case basis by the City Manager in consultation with the Mayor:

A. Call to Order/Roll Call
B. Pledge of Allegiance
C. Closed Session Report (when applicable)
D. Adoption of Agenda
E. Items for the Good of the City
F. Public Forum
G. Council Reports
H. City Manager’s Report
I. Consent Calendar
J. Public Hearings
K. Policy Matters
L. Matters Initiated
M. Adjournment
Closed Session (may be held before or after the meeting, or both)

3.2 Agenda Preparation
The City Manager shall prepare agendas, including determining the sequence of items.

The agenda shall be delivered to the Mayor and Council members and made available to members of the public consistent with the requirements of the Brown Act. The agenda shall specify the time and location of the meeting and contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, if any. The descriptions of agenda items may include the action recommended by the preparer of the report for the agenda item.

3.3 Agenda Sections

3.3.1 The following sections of the agenda are intended for items that involve no Council direction or decision:

Items for the Good of the City: ceremonial matters, presentations by non-City entities, briefings by City staff, and similar matters.

Council Reports: brief announcements by Council members, regarding Cityrelated meetings they have attended or plan to attend.

City Manager Report: brief announcements and updates from the City Manager.

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6 Matters Initiated: To place an item on a future agenda, a Council member (including the Mayor) may make a motion to that effect during the Matters Initiated agenda item. In addition, a Council member (including the Mayor) may, at any time during a meeting, make a motion to place an item on a future agenda, if the item proposed for future consideration arises in relation to an item on the current agenda.

If the motion to place an item on a future agenda is seconded and approved by a majority vote of those Council members present, the proposed item will be placed on a future agenda. If the motion is silent regarding timing, the proposed item will be placed on a future agenda at the earliest appropriate time, as determined by the City Manager. If the motion provides specific direction regarding timing, the proposed item will be placed on a future agenda consistent with that direction. No discussion of the subject of the motion may occur except to explain the general nature of the item, including the issue of timing for Council’s consideration of the item.

3.3.2 The following sections of the agenda are intended for items that involve Council direction or decision:

Consent Calendar: items the City Manager determines are likely not to require Council discussion. At the meeting, any Council member may pull an item from the consent calendar for discussion. Additionally, if any member of the public wishes to speak on an item, it will be pulled from the consent calendar. The Council may take up an item that is pulled from the consent calendar at any time later on the agenda.

Public Hearings: matters required to be set for public hearing by the Orinda Municipal Code or other law. Such items may be placed on the consent calendar if the City Manager determines they are likely not to require Council discussion.

Policy Matters: all other matters that involve Council discussion, direction, and/or decision.

3.4 Agenda Posting
The City Clerk shall post the agenda at least 72 hours before a regular meeting and at least 24 hours before a special meeting in the following location, which is freely accessible to members of the public: the breezeway at Orinda City Hall. Agendas shall also be posted on the City’s website prior to meetings as required by the Brown Act. See Government Code section 54954.2.

3.5 Agenda Materials

3.5.1 Documents. A staff report shall be prepared for each agenda item except in unusual circumstances. Attached to the staff report shall be documents received by or developed by staff that are pertinent to the staff report. Anyone may submit documents pertinent to an agenda item to the City Clerk; such documents shall be included in the agenda materials if they are received in time for inclusion in the packet.

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7 3.5.2 Copies of agenda materials. Copies of the agenda materials and other documents (including public correspondence) distributed by staff to Council members at or before a meeting (excluding documents subject to attorney-client confidentiality and documents distributed in connection with a closed session) shall also be available for public inspection as required by the Brown Act. See Government Code section 54957.5. The public can view materials before the meeting at the office of the City Clerk and on the City website. At the meeting, a public copy will be available for review.

4. Public Participation

4.1 Addressing the Council
Each person wishing to address the Council will be asked to submit a speaker slip to the City Clerk or using similar method available during virtual meetings. Each person addressing the Council shall do so from the lectern or its equivalent during virtual meetings. Providing a name, address, and other information is voluntary. Any document presented by a speaker shall be provided to the City Clerk for distribution to the Council and public. All remarks shall be directed to the Mayor and Council as a body and not to any particular Council member. No person other than members of the Council and the person having the floor shall be permitted to enter the discussion.

4.2 Public Forum
During Public Forum, any person may address the Council on an item that is (1) within the subject matter jurisdiction of the Council and (2) not otherwise on the agenda, except that if a speaker will not be present during an agenda item later in the calendar for that meeting, the speaker may address that agenda item during Public Forum but not later.

When an item is not listed on the agenda, State law prohibits Council discussion or action. Council members may only “briefly respond” to statements made and questions posed. For example, State law allows Council members to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, consistent with the “Matters Initiated” rule, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.

4.3 Speech Content and Civility
Statements by a member of the public shall be related to the agenda item at hand, except during Public Forum. The City Council shall not prohibit lawful public criticism of the policies, procedures, programs, staff, and services of the City or the acts or omissions of the City Council. Members of the Council, staff, and the public are encouraged to communicate in a manner that is civil, not hostile or threatening.

4.4 Disruptive Conduct
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8 Conduct, including applauding and booing, which substantially disrupts a City Council meeting is prohibited. If a meeting is disrupted, the Council may elect to recess per Section 5.4.7 (b). Disrupting a meeting may, in certain situations, be cause for removal from the meeting.

4.5 [Reserved]

4.6 Written Communications
Correspondence, including communications relating to a specific matter on a Council agenda, will be handled as described in Section 11.1. If correspondence is received too late to be included in the agenda packet, the City Clerk will, to the extent feasible, endeavor to distribute the late correspondence at or before the Council meeting. Anyone submitting voluminous late correspondence and/or submitting late correspondence to the City Clerk less than four (4) hours before a Council meeting should bring at least fifteen (15) copies to the meeting. After receiving late correspondence, the Council may elect to continue the item to a future meeting if it determines the late correspondence is too voluminous to consider fully. Alternatively, the Council may elect to consider the matter if it has had adequate time to consider all of the information presented. Such a determination may, but need not, be made by formal motion during the meeting.

4.7 Time Limits
Public comment shall generally be limited to 3 minutes per individual speaker per agenda item, except that the Mayor, with the concurrence of the City Council, may set a different time limit based upon the number of persons wishing to speak, the complexity of the item, the length of the agenda, the hour, and other factors. Speakers may not cede their allotted time to other speakers. If a speaker continues to speak after their allotted time has expired, the Mayor may allow them a short time (e.g., 30 seconds) to wrap up their comments. When a speaker has completed their comments, Council members may ask clarifying questions of the speaker and receive brief answers, notwithstanding the time limits described in this section. Speakers are not required to answer questions posed by Council members.

5. Conducting Meetings

5.1 Presiding Officer
The Mayor or Vice Mayor shall preside and call the meeting to order at the hour appointed. In the absence of both, the meeting shall be called to order by the City Clerk and those Council members present shall proceed to elect a temporary Presiding Officer.

The Presiding Officer may move, second, and debate from the Chair, and shall not be deprived of any rights and privileges of a Council member.

5.2 Actions Limited to Posted Agenda
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9 The City Council may take action on any item listed on the agenda. The City Council shall not take action on any item not appearing on the posted agenda except when authorized by the Brown Act. See Government Code sections 54954.2, 54956.5.

5.3 Continuance of an Item
An agenda item may be continued by the City Council by a majority vote. (See section

5.4.6.c.)

5.4 Discussion
When an agenda item is addressed, the Mayor shall first ask for any staff comments or additions to the written staff report. Next, the Mayor shall ask for questions from the Council of staff. After that, the Council shall receive public comment (see section 4.7, time limits). After public comments, the Mayor shall close the public comment portion and open the item for discussion by the Council, which shall be subject to the following rules. During Council deliberations, the Mayor, with the consent of the City Council, may reopen public comment.

5.4.1. Getting the Floor. Every Council member desiring to speak shall address the Mayor and, when recognized by the Mayor, shall limit discussion to the questions under debate.

5.4.2. Interruptions. A Council member, once recognized, shall not be interrupted when speaking except to be called to order, or as otherwise provided. If a Council member, while speaking, is called to order, the Council member shall cease speaking until the question of order is determined; if determined to be in order, the Council member shall be permitted to proceed.

5.4.3. Privilege of Closing Debate. The Council member making a motion for adoption of an ordinance or resolution shall have the privilege of closing the debate on that motion, subject to other motions which may be before the Council.

5.4.4. Motion to Be Stated. The Mayor shall state all motions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any Council member. No action shall be taken by secret ballot.

5.4.5. Appeals. Any procedural determination of the Mayor may be appealed at the request of a Council member. The Mayor shall call for a roll call vote to determine if the procedural determination is upheld.

5.4.6. Precedence of Motions. When a motion is before the Council, no other motion shall be entertained except:
a. Motion to Amend. A motion to amend, which modifies the original motion, is in order but is debatable only as it relates to the amendment.

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10 Amendments are voted on first; the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There shall only be one amending motion on the floor at any one time.
b. Substitute Motions. A substitute motion is in order for the purpose of taking out the main motion altogether and replacing it with a new and different motion. A substitute motion must be voted on before an amendment of the main motion, since if the substitute motion is adopted the main motion dies and so does any amendment of the main motion.
c. Motion to Postpone. A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set. A motion to postpone a quasi-judicial hearing must set a definite date for the hearing. If a motion to postpone indefinitely is adopted, the agenda item shall be carried forward on the City Clerk’s Future Agenda Items list for up to one year, then dropped if not reinstated to the agenda.
d. Motion to Table. A motion to table is not debatable and not subject to amendment. The purpose of a motion to table is to suspend the item for an indefinite time.

5.4.7. Motions Not Subject to Debate. All motions are debatable except for the following, which shall be put to an immediate vote:
a. Motion to adjourn, which requires a simple majority. b. Motion to recess, which requires a simple majority.
c. Motion to table, which requires a simple majority.
d. Motion to limit debate (“I move the question” or “I move to limit debate of this item to __ minutes”), which requires a 2/3 vote.

5.4.8. Reconsideration. A request for reconsideration may be made during a meeting in which a decision has been made or at the next regularly-scheduled Council meeting. A request for reconsideration may be made only by a Council member who voted in the majority on the original decision. Reconsideration of a matter involves three decisions, which must occur in the following order:
a. First, the Council must decide whether or not to consider the request on a future agenda. (No discussion is permitted at this point on the validity of the request or the merits of the underlying action to be reconsidered.) b. Second, if a majority of the Council votes to place the issue on a future agenda, there are two agenda items:
i. Whether to allow reconsideration or not and
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11 ii. If reconsideration is permitted, whether the original decision should be changed or affirmed.
c. A decision not to reconsider a matter under (b)(i) will be deemed to automatically include removal of the agenda item for reconsideration of the merits under (b)(ii).
d. Unless a subject is reconsidered and a majority of the City Council votes to change the original decision, the original action stands and is final.

However, the subject of the original decision (other than a quasi-judicial hearing such as a land use appeal) may be placed on a future agenda at any time as provided in these rules.
e. Reconsideration of a decision on a land use appeal is governed by Orinda Municipal Code section 17.43.8.

5.4.9. Conflict of Interest and Bias. A conflict of interest or even the appearance of a conflict of interest can diminish the public’s confidence in the integrity of the governmental process. Therefore, a Council member who has a conflict of interest under the Political Reform Act or Government Code §1090 may not participate in the agenda item causing the conflict. The Council member must make a statement substantially as follows:
“I am unable to participate in this matter as a public official because I have a financial interest in the subject which creates a conflict of interest. The financial interest is [describe the conflict with particularity].” The public official must leave the room for the duration of the discussion of the item. If the discussion relates to the public official’s real property or business (owned or controlled solely by the public official/and spouse/domestic partner), the public official may speak as a member of the general public and remain in the audience.

In addition, if a Council member’s personal bias compromises the Council member’s ability to act impartially with the interests of the City as a whole in mind, the Council member must leave the room and not participate in the agenda item. Bias may exist because of a Council member’s (1) substantial involvement or familiarity with the subject of an agenda matter or (2) close association with the persons involved, a connection which may or may not be known by the public or the other members of the Council.

Even if the Council member believes s/he is not biased, in the interests of open government, it is advisable at the very least to disclose that association, involvement, or experience prior to participating in the agenda item. See Rule 6.5.

5.4.10. Protests. A Council member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

5.4.11. Limits on speech and conduct. See sections 4.3 and 4.4, which apply also to the speech and conduct of City Council members.

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12 5.4.12. Rules of Order. Except as otherwise provided in these Rules, the current edition of “Roberts Rules of Order” shall govern the conduct of the meetings of the City Council.

6. Quasi-Judicial Hearings
When a public hearing is required for an agenda item, the Mayor shall first ask for any staff comments or additions to the written staff report for the hearing. Next, the Mayor shall ask for questions from the Council of staff. Next, Council members shall disclose ex parte communications as described below. After that, the Council shall receive public comment, as outlined below.

6.1 Ex Parte Communications
A Council member shall disclose on the record all communication (e.g., email, other written correspondence, conversations, and site visits) occurring outside the hearing that relate to the subject of the hearing. The Council member shall identify with whom s/he communicated, what was communicated, and for site visits, where on the site the Council member went and what the Council member looked at and observed. Council members may also elect to forward copies of written ex parte communication to the City Clerk, who will include such correspondence in the staff reports for relevant agenda items and/or forward it to the whole City Council, if doing so would not violate the Brown Act.

6.2 Testimony

6.2.1. The purpose of this portion of the public hearing is to provide an opportunity for persons interested in the subject of the hearing to testify in support of or opposition to the matter being heard.

6.2.2. Each person wishing to testify may do so as described in section

4.1. 6.2.3. The order of testimony shall be as follows:
a. The applicant (and the applicant’s design professional, attorney, and other representatives, if any) shall speak first and together shall have a total of 15 minutes to present the project. A portion of this time may be reserved by the applicant for final remarks after public testimony has concluded. b. The appellant, if not the applicant, (and the appellant’s design professional, attorney, and other representatives, if any) shall also have a total of 15 minutes to present the basis for the appeal.

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13 c. Those persons other than the applicant and the appellant (and their representatives) shall have a total of 3 minutes each to present testimony, except that to preserve order and eliminate repetitious testimony from a large group, the Mayor may ask a like-minded group to appoint a spokesperson to represent the point of view of the group. At the Mayor’s discretion, speakers favoring the project may be asked to so indicate and may be asked to present their testimony consecutively and likewise those opposed.
d. Regardless of the time limits stated above, the time limit per individual speaker may be set by the Mayor, with the concurrence of the City Council, at the beginning of a public hearing, based upon the number of persons wishing to speak, the complexity of the item, the length of the agenda, the hour, and other factors.

6.2.4. Questions by speakers may be noted and addressed prior to Council deliberation.

6.2.5. When a speaker has completed their comments, Council members may ask clarifying questions of the speaker and receive brief answers, notwithstanding the time limits described in this section. Speakers are not required to answer questions posed by Council members.

6.3 Council Deliberation After the Mayor has determined that no other member of the audience wishes to speak, the Mayor shall close the public testimony portion of the hearing and the matter shall be taken up by the City Council.

6.4 Council Action

6.4.1. Council may, at this time, continue a matter to a specific future date to obtain additional information. Continuing a public hearing to a specific date does not require additional notice.

6.4.2. The Council may vote on the item, making findings of fact as required by law.

6.5 Due Process
A quasi-judicial hearing that involves property rights (a land use matter or a personnel matter) must incorporate the standards of constitutional due process. This type of hearing must be fair and open, subject to employee privacy rights. The elements of due process are adequate notice, an opportunity to be heard, an impartial decision-maker, a decision based on substantial evidence, and findings to document the basis of the decision.

6.5.1. Impartiality
a. Rule. A public official must perform the duties of office free from any personal or pecuniary interest. If there is an actual bias or financial interest that could interfere with a Council member’s judgment, the Council member should not Item K.1
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14 participate in the agenda item and should leave the Council chambers for the duration of the agenda item.
b. Open Mind. A Council member must have an open mind
and receive all evidence presented at the hearing. In addition, a Council member shall disclose ex parte communications (see §6.1 above) before making a determination on the merits. If the Council member has a fixed position on a matter prior to the hearing or if the Council member will be influenced by information not in the evidence, the Council member shall not participate in the hearing.
c. Staying Neutral. In order to assure that a Council member has not become so embroiled or otherwise involved in a matter that s/he cannot be impartial, the following rules shall apply:
i. Staff Contacts. A Council member shall refrain
from contact outside the public meeting context with City staff concerning the merits of matters which will or may come to the City Council for a quasi-judicial hearing.

Regardless of the above, a Council member may obtain factual information from staff relating to the hearing.
ii. Commissions and Committees. A Council member
must not express opinions on the merits of an item that is or will be the subject of a quasijudicial hearing within the subject matter jurisdiction of the Planning Commission to a Planning Commissioner prior to or during the hearing. In case such communications have occurred, any such communication from a Council member to a Planning Commissioner prior to a decision of the Commission on the matter shall be disclosed by the Commissioner in the course of the hearing of the subject by the Planning Commission.
iii. Interested Parties. A Council member shall refrain from becoming involved in discussions, negotiations, and other activities relating to a matter that is likely to be subject to a hearing by the City Council, unless the full scope of the Council member’s involvement and conversations is disclosed during the Council’s consideration of the matter and there is no bias that has resulted from those activities. d. Involvement or Bias. A Council member may be involved in a matter before the City Council due to a number of factors, including but not limited to an ongoing personal acquaintance, the proximity of real property, a business relationship, or community activities. In such a situation, where the Council member is unable to make an impartial decision, the Council member should recuse himself or herself, make a brief explanation of the facts behind recusal, and leave the room.

6.5.2 Absence During a Quasi-Judicial Hearing. A Council member otherwise qualified to vote may not vote on a matter if the Council member was absent from all or part of the hearing, unless the Council member both (1) reviews the minutes and the staff report or reviews the recording of the entire portion of the hearing s/he missed, if the minutes are not available, and (2) reviews all physical and written evidence introduced at the hearing before the meeting at which the decision is to be rendered.

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15 7. Voting

7.1. Majority Vote Required
An affirmative vote of at least three Council members of the Council is required by law to adopt an ordinance, a resolution, and an order for the payment of money. An urgency (emergency) ordinance must be adopted by at least a 4/5 vote. Other matters may be adopted by the majority present.

7.2 Roll Call Votes
When required by State law, a roll call vote shall be taken on each motion before the Council. Additionally, on demand by any Council member, made before the "Noes" are called for, a roll call vote shall be taken on a motion before the Council. The Mayor's name shall be called last with other Council members' names called at random by the City Clerk. Council members shall not give explanations for their vote during roll call.

7.3 Silence
During a collective vote (ayes and noes), silence of any Council member denotes an affirmative vote.

7.4 Tie Vote
A tie vote means that a motion fails.

7.5 Abstention
Abstaining from a vote (other than due to recusal) constitutes a vote with the majority, except that where there is a tie vote, an abstention constitutes a vote for the motion.

8. Officers

8.1 Mayor
The Council shall elect a Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots by the County Clerk; or at the first regular meeting after the office of Mayor becomes vacant for any reason. The term of office of the Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term. The election or removal of Mayor requires three affirmative votes.

The Mayor shall be recognized as the official head of the City for all ceremonial purposes. The Mayor shall sign all Ordinances and Resolutions adopted by the Council when the Mayor is presiding.

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16 The Mayor may issue proclamations, certificates of recognition, and similar documents on behalf of themself, as the Mayor. After such documents are issued, the Mayor may place them on the Council agenda under “Items for the Good of the City” to update the Council, recognize the recipient(s), and provide an opportunity for comment.

Proclamations, certificates of recognition, and similar documents will not be issued on behalf of the City Council unless they are first approved by the Council at a public meeting.

8.2 Vice Mayor
The Council shall elect a Vice Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots by the County Clerk; or at the first regular meeting after the office of Vice Mayor becomes vacant for any reason. The term of office of the Vice Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term. The election or removal of Vice Mayor requires three affirmative votes.

The Vice Mayor shall serve all functions of the Mayor when the Mayor is unable or unavailable to fulfill those functions.

9. Appointments to Boards, Commissions, Committees, and Liaisons Positions

9.1 Council Appointments
As soon as practicable following the annual December reorganization meeting, the Mayor shall announce nominations of Council members to serve in various roles requiring a Council representative; the nominations are subject to the review and approval of the full City Council.

Council members may be appointed to serve in the following roles:

9.1.1 Members of ad hoc and standing subcommittees of the City Council,

9.1.2 Members to represent the City on various regional boards, including joint powers agencies (e.g., Contra Costa County Solid Waste Authority, Mayors’ Conference of Contra Costa County, etc.),

9.1.3 Liaisons to various City Partners (e.g., Acalanes Unified School District, Bay Area Rapid Transit, Chamber of Commerce, etc.),

9.1.4 Liaisons to City Commissions and Committees (e.g., Planning Commission, Parks & Recreation Commission, etc.)
When a Council member is appointed as a liaison to a City Commission or Committee, their role is to facilitate communications between the Commission and the Council. They are the primary contact person if the Commission/Committee as a whole or an individual Commissioner/Committee Member wants such a channel of communication. The Item K.1
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17 Council’s appointed liaison should not be an advocate for the Commission or attempt to influence any decision or recommendation of the Commission/Committee.

Regular attendance by the Council liaison at Commission/Committee meetings is not an expectation. Furthermore, liaison to the Planning Commission may review video recordings of those meetings, but should not attend or participate in those meetings, as the Council is the appeal body for the Planning Commission.

When a Council member is appointed to serve as a liaison, they should take care to communicate when the opinions and positions they convey are their own (as individual council members) and when they have been specifically authorized to speak for the Council as a whole.

9.2 City Council Advisory Bodies, Commissions and Committees The City Council may create or perpetuate commissions, committees, and other groups to advise the Council. The Council will appoint members of the public to those subordinate bodies. The appointment process will be determined by the Council, consistent with the requirements of State law (e.g., the Maddy Act).

9.3 Local Boards
The City Council may also appoint members of the public to represent the City on various local boards (e.g., Contra Costa Mosquito & Vector Control District, Contra Costa Council on Aging, etc.). The appointment process will be determined by the Council, consistent with the requirements of the local or regional board and State law (e.g., the Maddy Act).

10. Ordinances

10.1 Document Preparation and Approval
All ordinances must be drafted by or approved by the City Attorney before being placed on the agenda.

10.2 Ordinance Introduction/Adoption
The title of a proposed ordinance will be considered to be read, unless a Council member requests a full reading. Ordinances shall not be adopted within five days of their introduction, or at other than regular Council meetings. However, an urgency ordinance may be passed immediately upon introduction, at either a regular or a special meeting, to the extent allowed by State law.

10.3 Ordinance Preservation
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18 Following adoption of an ordinance, the City Clerk shall assign a number to the ordinance, publish a summary and post the full text according to law. The ordinance shall be filed and preserved in the City Clerk's office.

11. Administrative Matters

11.1 Correspondence

11.1.1 Electronic Correspondence
Council members shall use accounts issued to them by the City for all electronic correspondence (e.g., email) regarding City business. Council members shall not use accounts issued to them by the City for personal correspondence.

Emails sent by members of the public to Council members are public records. When these emails are related to a City Council Meeting agenda item, they are forwarded to the City Clerk to include in the staff report for the relevant agenda item or in the late public communication packet, depending on whether the communication is received before or after the agenda packet is published.

11.1.2 Other Correspondence
Written correspondence received by a Council member at City Hall by postal service, personal delivery, and messenger service shall be opened by staff and handled consistent with the City of Orinda Records Retention Program, which may require the City to retain a copy. Council members may elect to forward copies of written correspondence they receive to the City Clerk, who will include such correspondence in the staff reports for relevant agenda items and/or forward it to the whole City Council, if doing so would not violate the Brown Act.

11.1.3 Website Privacy Notice
The City’s website privacy notice should explain that the public is encouraged to communicate with Council members by email and other means, but that the public should be aware that email and other written correspondence, including messages intended to be confidential, may be subject to disclosure under the California Public Records Act.

Additionally, the privacy notice should explain that such correspondence may be forwarded to other Council members, City staff and/or the public generally.

11.1.4 Compliance with State Law
The City retains electronic and other correspondence in accordance with State law and the City’s adopted Records Retention Program, which is available from the City Clerk.

For public records, the City complies with the State Public Records Act.

11.2 Confidentiality
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19 Matters discussed in closed session and matters contained in City Attorney confidential memoranda are confidential and shall not be disclosed to anyone without prior authorization from the City Council acting together (closed session information) or from the City Attorney (confidential communications from the City Attorney).

11.3 Communications with the Public
Council members shall be clear in communications with the public when the opinions and positions they convey are their own individual positions and when they have been authorized by the Council to speak for the Council as a whole.

11.4 Relations with Staff
As required by OMC §2.08.080, Council members of the City Council shall deal with employees of the City through the City Manager, except to obtain information as necessary, in a limited manner.

12. Emergency Procedures

12.1 Emergency Special Meetings
Emergency special meetings may be called by the Mayor, a majority of the Council members, or the City Manager only in accordance with State law (see Government Code section 54956.5), which defines qualifying emergencies narrowly (e.g., work stoppage, crippling activity, or other activity that severely impairs public health and/or safety, crippling disaster, mass destruction, terrorist act, threatened terrorist activity).

12.2 Emergency Special Closed Session
During an emergency meeting, the City Council may meet in closed session pursuant to Government Code section 54957 (threat to public security) if agreed to by a two-thirds vote of the members of the City Council present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.

12.3 Emergency and Urgent Amendments to Regular Agendas Items may be added to a regular meeting agenda on an emergency or urgency basis only in accordance with State law (see Government Code section 54954.2(b)). a. The Council may add an emergency item to its agenda at a regular meeting if, by majority vote, it determines that the matter in question constitutes an emergency situation pursuant to Government Code section 54956.5 (e.g., work stoppage, crippling activity, or other activity that severely impairs public health and/or safety, crippling disaster, mass destruction, terrorist act, threatened terrorist activity). b. The Council may add an urgent item to its agenda at a regular meeting if it makes findings that: (1) there is a need to take immediate action, and (2) the Item K.1
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20 need for action came to the attention of the City subsequent to the agenda being posted.

Those findings must be approved by two-thirds of the members of the City Council present, or, if less than two-thirds of the members are present, a unanimous vote of those members present.

12.4 Emergency Declarations and Findings
In the event of an emergency, the Council may declare a local state of emergency and/or confirm an emergency declaration made by the City Manager. The Council may also make findings as appropriate to determine that normally-applicable procedures do not apply. Examples include the California Environmental Quality Act (see CEQA Guidelines sections 15269 & 15359) and the Public Contact Code (see Govt. Code sections 1102 & 22050). The Council may also, consistent with state and federal law, impose local curfews and other restrictions to safeguard life and property during an emergency.

12.5 Council Members Unavailable During Emergency
a. The City Council has designated the individuals serving in the following capacities to also serve as stand-by Council members according to the ranked order in which they appear:

1. Planning Commission, Chair

2. Supplemental Sales Tax Oversight Commission, Chair

3. Finance Advisory Committee, Chair

4. Parks & Recreation Commission, Chair

5. Transportation Safety Advisory Committee, Chair

6. Planning Commission, Vice Chair

7. Supplemental Sales Tax Oversight Commission, Vice Chair

8. Finance Advisory Committee, Vice Chair

9. Parks & Recreation Commission, Vice Chair

10. Transportation Safety Advisory Committee, Vice Chair Stand-by Council members shall have the duties prescribed by State law. See Government Code section 8641.
b. If an insufficient number of the members of the Council are available to conduct necessary business at an emergency meeting, one or more stand-by Council members shall, following the ranked order above, be authorized to serve as Council members, for purposes of that emergency meeting only. The number of stand-by Council members authorized to serve shall be the minimum number needed to conduct business at that emergency meeting of the City Council.

13. Suspension and Amendment of These Rules

13.1 Suspension
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21 Any provision of these rules not required by State law or the Orinda Municipal Code may be temporarily suspended by the Council.

13.2 Amendment
These rules may be amended by resolution of the Council.

13.3 Rules Available for Public Review
A copy of these rules shall be available on the City’s website and at all meetings of the Council for review by the public.
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Orinda City CouncilJuly 7, 2026

Orinda City Council
July 7, 2026