Orinda City Council Minutes Page 1 of 12 07.07.26
JULY 07, 2026
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed on the City’s website meeting calendar. They are also kept in the City Clerk’s Office as part of the public record and available upon request ([email protected]). 7:00 P.M. – REGULAR MEETING– ORINDA LIBRARY AUDITORIUM
A. CALL TO ORDER / ROLL CALL:
Mayor Iverson called the Regular Meeting to order at approximately 7:00 p.m.
COUNCILMEMBERS PRESENT: Cara Hoxie, Latika Malkani, Janet Riley Mayor Brandyn Iverson, Vice Mayor Darlene Gee
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Iverson.
C. CLOSED SESSION REPORT (when applicable)
Mayor Iverson announced there was no reportable action taken in Closed Session.
D. ADOPTION OF AGENDA
There were no changes to the agenda.
MOTION by Mayor Iverson, and seconded by Councilmember Malkani, to adopt the agenda. Said motion carried by unanimous (5-0) vote.
E. ITEMS FOR THE GOOD OF THE CITY
E.1 Proclamation Declaring July, 2026 as “Parks Make Life Better” Month Mayor Iverson read a proclamation into the record declaring July, 2026 as “Parks Make Life Better” Month.
Director of Parks and Recreation Todd Trimble voiced appreciation of the Council’s support and said they are proud in keeping the community happy, healthy and connected.
Mayor Iverson opened the Public Forum, and there were no speakers.
Councilmembers thanked the Department staff for the many activities they support for the community.
F. PUBLIC FORUM - None
G. COUNCIL REPORTS
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Councilmembers expressed appreciation to City staff, the Orinda Association (OA), public safety personnel, and volunteers for organizing a successful Fourth of July celebration and parade, with special recognition given to Police Chief Rossi for transportation assistance during the event.
Councilmember Malkani reported on the June 22 Infrastructure Subcommittee meeting, noting that the citywide storm drain survey is nearing completion. The subcommittee reviewed a range of potential improvement options, provided feedback, and expressed interest in additional, more fully developed alternatives. She also shared highlights from participating, alongside Mayor Iverson, in a female leadership program at St. Mary’s College, describing it as an engaging event that included elected officials from neighboring communities and generated thoughtful discussion.
Vice Mayor Gee provided additional updates from the Infrastructure Subcommittee, stating that the committee has begun planning for implementation by identifying completed work and developing cost estimates for future activities in coordination with staff. She also reported distributing the Contra Costa Transportation Authority (CCTA) Call for Projects information to City staff, noting that Orinda has the opportunity to seek funding for two projects. Applications are due in August, with CCTA forwarding submissions to the Metropolitan Transportation Commission (MTC) in October. She further noted that CCTA continues work on development of the next Transportation Expenditure Plan.
Councilmember Riley announced plans to attend upcoming Library and Historical Society meetings and will provide an update at a future Council meeting.
Mayor Iverson announced upcoming regional meetings, including the Tri-Cities meeting with Lafayette and Moraga and the Downtown Economic Development meeting on July 15, and joined fellow Councilmembers in commending the success of the Fourth of July celebration.
Mayor Iverson opened the public comment period, and there were no speakers.
H. CITY MANAGER’S REPORT
Assistant City Manager/Administrative Services Director Doug Alessio had no report.
Mayor Iverson opened the public comment period, and there were no speakers.
I. CONSENT CALENDAR
Mayor Iverson reported receiving a request to pull Item I.4. She asked if Councilmembers or the public wished to remove any other items, and there were no further requests and no public comments.
I.1 Approval of City Council Minutes
The City Council will consider approval of the Meeting Minutes of:
1. June 9, 2026, Regular Meeting
2. June 16, 2026, Regular Meeting
RECOMMENDATION:
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Approve City Council Minutes of
1. June 9, 2026, Regular Meeting
2. June 16, 2026, Regular Meeting
I.2 Approval of an Urban Lot Split Parcel Map at 10 Tara Road The City Council will consider approving the Parcel Map for SBL 2024-002, which has been reviewed by the Planning and Public Works departments in accordance with the Subdivision Map Act, Title 16 of the City of Orinda Municipal Code (OMC), the Conditions of Approval, and in accordance with SB9 legislation.
RECOMMENDATION:
Adopt Resolution No. 51-26, Approving Parcel Map for Subdivision SBL 2024-002 Urban Lot Split at 10 Tara Road.
I.3 Award of Construction Contract for the 2025–2026 Annual Pavement Rehabilitation Projects (CIP Nos. 4183 and 4190) and Approval of Plans
The City Council will consider approving the plans for the 2025 and 2026 Annual Pavement Rehabilitation Projects (CIP Nos. 4183 and 4190), awarding a construction contract to Radius Earthwork, Inc. in the amount of $2,845,193.95, and authorizing the City Manager to increase contract value within the approved contingency amount.
RECOMMENDATION:
Adopt Resolution 53-26 Approving the Plans, Awarding a Construction Contract to Radius Earthwork, Inc., and Authorizing a Contingency for the 2025–2026 Annual Pavement Rehabilitation Projects (CIP Nos. 4183 And 4190).
MOTION by Mayor Iverson moved, and seconded by Councilmember Hoxie to approve Consent Calendar Items I.1, I.2, and I.3. Said motion carried by unanimous (5-0) vote.
Item Removed from the Consent Calendar:
I.4 2026 Safety Element Update
The City of Orinda continues to implement the policies and actions contained within the Safety Element of the General Plan as well as associated Wildfire Mitigation Measures, and Evacuation Analysis Recommendations. The attached documents provide a status update on these items, according to the terms of the settlement agreement with Orindans for Safe Emergency Evacuation (OSEE). This report summarizes recent progress, ongoing initiatives, and upcoming efforts related to emergency preparedness, hazard mitigation, evacuation planning, wildfire resilience, infrastructure improvements, and community education.
RECOMMENDATION:
Adopt Resolution No. 55-26 Accepting the 2026 Safety Element Update.
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Assistant to the City Manager Cole Haselip reported that staff will provide the City Council with annual updates on implementation of the Safety Element, including progress on six Safety Element items, 14 wildfire preparedness initiatives, 14 implementation actions, and approximately 45 evacuation-related measures.
He highlighted key accomplishments in emergency preparedness and evacuation, including completion of the Highway 24 median cut evacuation improvements and continued use of Ladris evacuation modeling to inform emergency planning.
Regarding wildfire preparedness and resilience, Mr. Haselip noted anticipated receipt of $1 million in funding for the North Orinda Shaded Fuel Break, expanded Zone Zero implementation around City facilities, completion of targeted fuel reduction projects, publication of the second edition of Plants for Fire-Savvy Landscapes, support for SB 959 school closure legislation, and ongoing wildfire communication efforts.
He also reported that the City joined the Contra Costa Regional Alternative Compliance Joint Powers Authority for stormwater treatment, continued advancing storm drain mapping initiatives, and strengthened the Community Center's role as a resilience hub through the installation of solar power and backup energy systems.
In response to public comments related to Policies EV-9 and EV-10, he displayed an image illustrating how the Highway 24 median cut project addresses concerns about providing residents with additional evacuation access from the City to Highway 24 during an emergency.
Regarding EV-18 and EV-22, each item was addressing conversations the City needs to have with BART and are planning on working on that as soon as they can. On WFR-10, there was a question regarding the City’s efforts with MOFD on the use of emergency vehicle access roads. This is something the City holds conversations with MOFD about and he noted that whether or not those EVAs are used, it requires cooperation with MOFD so the City’s role is to continue having conversations with them and try to work towards agreeable solutions. Staff holds meetings on a monthly basis with MOFD.
On WFR-11, there was a question about how the City has worked with local partners to address evacuation capacity and emergency response capabilities. The tabletop exercise is the best example of that, which he described. There was another question about when the Moraga Way Bike Lane Improvement project start, and this project is waiting on grant funding.
Staff recommends the Council adopt the Resolution which adopts the Safety Element Update.
Mayor Iverson opened the Public Forum, and there were no speakers.
Councilmembers thanked Mr. Haselip for an excellent presentation and update, voiced appreciation of the work the City has done and suggested having the presentation as a separate item on the agenda, and the next CCTA Transportation Expenditure Plan is the next opportunity to define projects, features, or activities the Council would like funded in a new measure, and the Smart Signals Program to be completed in 2027 is also a positive program to assist with evacuation.
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Mayor Iverson commented that the North Orinda Fire Break is a meaningful safety improvement, and she voiced appreciation from Mr. Haselip for touching on other farreaching incidents in addition to evacuation and wildfire.
MOTION by Vice Mayor Gee moved, and seconded by Councilmember Hoxie to approve Consent Calendar Items I.4. Said motion carried by unanimous (5-0) vote.
J. PUBLIC HEARING
J.1 Proposed Amendments to Title 16 (Subdivisions) and Title 17 (Zoning) of the Orinda Municipal Code to establish limitations on parcels created pursuant to Senate Bill 1123, California Government Code Section66499.41 (the Starter Home Revitalization Act)
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.
While the state heavily preempts local development standards to facilitate these subdivisions, the law explicitly grants local agencies the discretion to regulate specific aspects: the allowance of Accessory Dwelling Units (ADUs), subsequent ministerial lot splits under Senate Bill 9 (SB 9), and the waiver of property sale restrictions.
Following a March 3, 2026, study session, the City Council directed Staff to draft an ordinance exercising the City's maximum local discretion to prohibit compounding density. The proposed ordinance amends the Orinda Municipal Code (OMC) to prohibit ADUs and subsequent SB 9 lot splits on these newly created parcels, strictly enforces the state's restrictions on the separate sale of unimproved lots, and establishes a unit cap deed restriction to prevent circumvention of statutory limits.
RECOMMENDATION:
Hold the public hearing, waive the first reading and introduce 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.
Associate Planner Darin Hughes stated on March 3, 2026, staff presented on potential impacts of SB 1123 to the Council and received direction, as well as to the Planning Commission who voted unanimously to recommend the Council adopt the proposed ordinance.
Mr. Hughes then gave the staff report and overview of proposed amendments to Title 16 and Title 17 of the OMC to establish limitations on parcels created pursuant to SB 1123, California Government Code Section 66499.41 (Starter Home Revitalization Act) which mandates ministerially subdividing eligible single-family residential lots in up to 10 parcels for development of up to 10 residential units. The City has discretion over three items: 1) waiver of property sale restrictions; 2) subsequent ministerial lot splits under SB 9; and 3) allowance of ADUs on these parcels. He then reviewed and further described eligibility requirements, restrictions, limitations and standards under the Act as well as the three discretionary items the City can require.
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Staff reported that, following the March 3 public hearing, they were asked to evaluate evacuation safety analyses and existing policies to ensure new development can occur safely. Staff noted that a recommendation to prohibit development within 100 feet of evacuation routes was discussed with HCD, and HCD advised that such a requirement would likely be considered an additional development restriction beyond those permitted under state law.
In response, staff intends to conduct further analysis to identify policies that can be used to support safe and appropriate development, clarify applicable development constraints for applicants, and leverage existing Wildland-Urban Interface requirements. Staff also plans to use Ladris evacuation modeling to establish objective evacuation performance thresholds and baseline conditions, while developing additional policies related to access management.
Staff recommended that the Council hold the public hearing, waive the first reading, and introduce Ordinance No. 26-05 amending Titles 16 (Subdivisions) and 17 (Zoning) of the Orinda Municipal Code to establish local limitations on parcels created pursuant to California Government Code Section 66499.41. Staff indicated they would return on July 21 to present the proposed policies and related considerations in greater detail.
Councilmember Hoxie expressed concerns about the relationship between reduced setbacks, Zone Zero defensible space requirements, and the proximity of new dwellings.
She questioned how developments with setbacks as small as four feet could comply with the requirement to maintain a five-foot noncombustible area around structures.
Mr. Hughes explained that similar issues arise with accessory dwelling units (ADUs), home additions, and SB 9 developments. He noted that such projects are reviewed in coordination with the Fire District and may qualify for exceptions to standard setback requirements if applicants demonstrate appropriate fire mitigation measures, including standards, limitations on openings near property lines, and other fire safety requirements.
Councilmember Hoxie also asked whether state law requires homeowners' associations or other forms of coordination among property owners.
Mr. Hughes responded that he was not aware of any such ownership requirements under state law. She further inquired about potential access issues based on site layout and Mr.
Hughes replied that access standards, including minimum roadway widths, maximum grades, turnarounds, and related fire access requirements enforced by MOFD and would be addressed in greater detail during the next policy discussion.
Vice Mayor Gee asked if people are allowed to demolish an existing single-family home in order to undertake the option under this law.
Mr. Hughes said yes; the primary consideration is that it could not have been a rental property within the past 5 years, and they also see this with SB 9 projects.
Vice Mayor Gee asked and confirmed all new units built are assessed at fair market value for property tax purposes.
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Councilmember Malkani sought clarification on how implementation of the Act could affect development in Orinda. She asked whether a property could be subdivided into multiple lots, with multifamily buildings constructed on only a few of them while the remaining lots were left undeveloped and sold in conjunction with developed units.
Mr. Hughes responded that such scenarios are largely speculative but explained that, while a property could theoretically be subdivided into multiple parcels, state law limits the ability to sell undeveloped parcels individually. He noted that undeveloped parcels may retain future development potential, subject to applicable limits, but they must comply with the Subdivision Map Act. He added that some subdivided parcels may be designated as common or open space and therefore not be developable. He emphasized that the City's primary opportunity to impose standards and conditions occurs during the subdivision process through approval of the Final Map.
Councilmember Malkani also asked whether, rather than imposing a categorical prohibition on development within 100 feet of evacuation routes, the City could require an evacuation analysis for projects within that distance on a case-by-case basis. Mr. Hughes stated that he would defer to the City Attorney regarding the legal mechanisms for implementing such a requirement.
City Attorney Wolff explained that staff continues to evaluate potential approaches consistent with state law. She noted that the Government Code requires findings that a project presents a public health and safety concern for which there is no feasible mitigation before additional restrictions may be imposed. She stated that staff is reviewing existing regulations, including those administered by MOFD, to determine how they may support those findings, while acknowledging that the statutory standard is challenging to satisfy.
Mayor Iverson asked whether the Planning Commission had raised any significant comments or questions regarding the proposed ordinance.
Mr. Hughes responded that the Planning Commission's discussion primarily focused on understanding the requirements of the state law.
Mayor Iverson questioned how the Act's requirement that at least 75 percent of surrounding parcels be designated for urban uses applies in a predominantly residential community such as Orinda, noting that the standard appeared to be more applicable to highly urbanized jurisdictions.
Mr. Hughes explained that the term "urban use" is also used in other state laws and generally encompasses developed areas. He noted that staff has analyzed how the term applies in various contexts, including residential neighborhoods, and that single-family residential development generally qualifies as an urban use. He added that parks may also qualify in some circumstances, while open space, undeveloped land, or vacant parcels that have never been developed generally do not. Some situations remain subject to interpretation and indicated he would provide additional clarification on the applicable statutory language.
Mayor Iverson opened the Public Forum, and there were no speakers.
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Councilmembers expressed support for adopting the ordinance while acknowledging concerns about the potential implications of SB 1123 for Orinda. Councilmember Hoxie stated that, although adoption of the amendments was appropriate, the prospect of higher-density development in a small community was concerning. She suggested discussing wildfire safety, evacuation, and public health considerations with MOFD through a future 2x2 meeting.
The Council discussed the proposed ordinance implementing Senate Bill (SB) 1123 and expressed support for its adoption while acknowledging concerns regarding the legislation's broader implications.
Vice Mayor Gee described SB 1123 as challenging legislation and supported the City's proposed implementation within the constraints of state law. She encouraged collaboration with neighboring jurisdictions, including Lafayette and Moraga, to pursue potential legislative amendments addressing issues such as fire safety, community character, and other local impacts.
Councilmembers Malkani and Riley expressed support for introducing the ordinance.
Councilmember Malkani noted that market conditions in Orinda would likely continue to favor single-family residential development, while Councilmember Riley stated that although the more intensive development scenarios appeared unlikely, the City should continue monitoring implementation of the law and work with neighboring communities to advocate for future legislative refinements.
Mayor Iverson supported adoption of the ordinance, describing the discussion as a valuable opportunity to better understand SB 1123 and its potential impacts. She observed that the law's practical effects in Orinda were likely to be more limited than some theoretical development scenarios suggested and noted that smaller-scale housing types could contribute to a more diverse housing stock. She emphasized the importance of continuing efforts to clarify implementation while maintaining a strong focus on fire safety and thanked Planning staff for their educational outreach.
In response to a question from Councilmember Hoxie, staff confirmed that prefabricated homes are permitted under the ordinance, provided they comply with the City's objective design standards. Staff noted that relatively few accessory dwelling units in Orinda have utilized prefabricated construction due to site and installation constraints.
MOTION by Councilmember Hoxie, and seconded by Councilmember Malkani, to waive the first reading and introduce 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. Said motion carried by unanimous (5-0) vote.
K. POLICY MATTERS
K.1 Overview of Proclamation Practices
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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.
Assistant to the City Manager Cole Haselip presented an informational report regarding proclamation practices in neighboring jurisdictions. He explained that, at its April 21, 2026 meeting, the City Council requested a comparative analysis of how other communities issue proclamations as part of its review of the Council Rules and Procedures.
Mr. Haselip summarized the results of outreach to neighboring city clerks and presented a comparison of proclamation practices, including approval methods, approval authority, initiation processes, and presentation procedures. He noted that no staff recommendation was being made, as proclamation policies vary among jurisdictions and are tailored to each community's preferences. He advised that, should the Council wish to modify its current practices, staff could return at a future meeting with a resolution amending the Council Rules and Procedures.
Vice Mayor Gee referred to the list of cities and she asked if there were any usual differences between a city that has a directly-elected mayor versus Orinda’s rotating mayor which many cities also have. Mr. Haselip said he did not identify these differences in his research.
Councilmember Malkani said in looking at the list, Dublin has a directly-elected Mayor and gives approval authority to the Council as well as San Ramon but who designates to the City Manager.
Mayor Iverson opened the Public Forum, and there were no speakers.
Councilmember Malkani explained that she requested the discussion to better understand proclamation practices in other jurisdictions. She noted that many cities use a hybrid approach and suggested the Council establish a standard list of recurring annual proclamations while allowing the Mayor, in coordination with the City Clerk, to issue additional proclamations as needed. She asked whether the recurring list would require annual review.
City Attorney Wolff responded that the Council could approve a list of recurring proclamations and revise it as needed in the future. She noted that an annual review would be a common approach.
Councilmember Riley asked whether a formal list was necessary or whether the Mayor could continue reviewing past proclamations and determine which to issue each year.
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Mayor Iverson explained that the current practice provides each incoming Mayor with recent proclamation history to guide annual decisions. She said she has chosen to recognize certain national observances as Items for the Good of the City rather than formal proclamations to better manage meeting agendas while still providing opportunities for public recognition and comment. She supported maintaining the Mayor's discretion, working with the City Manager and City Clerk, to continue established traditions while allowing flexibility to add or modify recognitions over time.
Councilmember Hoxie expressed support for preserving the Mayor's discretion but suggested Councilmembers receive advance copies of recurring proclamations to review their wording. She also supported focusing proclamations on matters relevant to Orinda.
Councilmember Malkani stated that certain heritage and recognition months should be formally proclaimed each year and requested a review of proclamations issued over the past three years to identify recurring recognitions. She distinguished formal proclamations from certificates or other forms of recognition.
Mayor Iverson stated that she views proclamations and recognitions as serving the same purpose of acknowledging important observances and explained that written recognitions were used to comply with the Council's agenda requirements rather than as awards.
Councilmember Malkani stated that she was unaware Councilmembers could request future agenda items related to proclamations.
City Attorney Wolff clarified that Councilmembers may request that matters be placed on a future agenda through a Council motion and majority vote. She further explained that, under the current Council Rules and Procedures, only the Mayor has authority to issue proclamations independently, while proclamations on behalf of the full Council require Council action.
Councilmember Malkani suggested the Council establish a recurring list of annual proclamations that would be approved by the full Council while allowing the Mayor to retain discretion to issue additional proclamations throughout the year.
Vice Mayor Gee supported the concept, noting the importance of recognizing the community's growing diversity while preserving the Mayor's flexibility to issue other proclamations. Councilmember Hoxie agreed, provided the recurring list remained limited.
Mayor Iverson expressed concern about the additional meeting time required for recurring proclamations, particularly when there is no recipient present, but supported exploring an annual Council-approved list with the Mayor retaining discretion for one-time recognitions.
She suggested the matter could be considered during the next update to the Council Rules and Procedures.
Councilmember Malkani proposed that staff compile proclamations issued over the past three years to identify recurring recognitions and noted that annual proclamations need not be read in their entirety during meetings.
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Councilmember Hoxie suggested Councilmembers review the language of Councilissued proclamations in advance. City Attorney Wolff advised that, because advance circulation could result in collective concurrence outside a public meeting, Council-issued proclamations should be agendized to allow the Council to review and approve the language in compliance with the Brown Act.
Mr. Haselip stated that, if the Council established an annual list of proclamations, staff could prepare them for Council review at a single meeting and requested direction on how the Council would like annual proclamations to be presented.
Councilmember Malkani supported maintaining the current presentation process, with the Mayor determining whether to read proclamations based on available meeting time. She emphasized that the issuance of the proclamation itself was most important and shared that formal recognition of heritage and cultural observances is meaningful in fostering a sense of inclusion and belonging within the community.
Councilmember Riley expressed concern about dedicating significant meeting time to proclamations when no recipient is present.
Councilmember Hoxie agreed that heritage recognitions can be meaningful and cited Jewish American Heritage Month as an example.
Mayor Iverson stated that she would issue full proclamations during the remainder of her term while managing meeting time by limiting the amount read aloud when appropriate.
Councilmember Hoxie suggested staff distribute a list of proclamations issued during the past two years as a starting point for future discussion. Councilmember Malkani agreed that the matter might warrant further policy discussion and reiterated that lengthy proclamations need not be read in their entirety.
The Council reached consensus to have staff provide a list of past proclamations through the City Manager's weekly update. It was noted that any Councilmember wishing to pursue policy changes could bring the matter forward through the Matters Initiated process for future Council consideration.
L. MATTERS INITIATED – None.
M. CLOSED SESSION
The Council adjourned to Closed Session at 9:09 p.m. to consider the following matters:
1. OPEN SESSION IDENTIFICATION of Closed Session Matters
2. PUBLIC COMMENTS of Closed Session Matters – None.
3. CLOSED SESSION
4. OPEN SESSION REPORT regarding Closed Session
M.1 CITY ATTORNEY PERFORMANCE EVALUATION Pursuant to
Government Code Section 54957, performance evaluation of City Attorney Osa Wolff
M.2 OPEN SESSION REPORT REGARDING CLOSED SESSION
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Mayor Iverson announced there was no reportable action taken in Closed Session.
N. ADJOURNMENT
The Regular Meeting was adjourned at approximately 9:30 p.m. to the next Regular City Council Meeting on Tuesday, July 21, 2026 at 7:00 p.m.
______________________________
Sheri Marie Smith, City Clerk