Orinda City Council
October 6, 2026

CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, October 06, 2026
07:00 PM
Orinda Library Auditorium
26 Orinda Way, Orinda, CA
Zoom Webinar Link: https://www.tinyurl.com/OrindaCityCouncil By Phone: +1 669 900 6833
Meeting ID: 810 2271 2723
YouTube: https://www.youtube.com/@cityoforinda9535/streams HOW TO PARTICIPATE IN THE MEETING:

Public comment is generally limited to 3 minutes per speaker per agenda item. For additional information, please refer to the Council’s Policies and Procedures Manual.

In-Person Comments: In-person speakers are invited to submit a speaker card to the City Clerk. You will be permitted to speak even if you choose not to submit a speaker card or decline to provide the requested information on the card. After the City Council has heard from everyone who submitted a speaker card, anyone present in person who has not submitted a speaker card may form a line at the lectern.

Remote Comments: Speakers who are participating via Zoom should use the “raise hand” function or the *9 function to indicate they wish to comment.  You will be called upon and unmuted when it is your time to speak, which will generally be after the City Council hears from in-person speakers.    Persons wishing to comment should use the Zoom link to participate in the meeting, not the YouTube link. The YouTube link is a livestream provided as a courtesy and does not allow for public comment.

Written Comments: In advance of the meeting, you may submit written public comment for the Council to read by following the instructions below:

Deliver to City Hall at 22 Orinda Way or send an e-mail to [email protected] by 3 pm on the day of the meeting. Those comments will be forwarded to the City Council. They will also be part of the public record and available for viewing in the public review binder at Orinda City Hall, located at 22 Orinda Way.

In addition, they will be available electronically by 5 pm on the City’s Website Meetings Calendar, by selecting the date of the meeting, and “Communications from Public”.

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

A. CALL TO ORDER/ROLL CALL
Councilmembers: Cara Hoxie, Latika Malkani, Janet Riley Vice Mayor Darlene Gee, Mayor Brandyn Iverson
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT (when applicable)
ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.

ITEMS FOR THE GOOD OF THE CITY
Recognition of the First Graduating Class of "How Orinda Works."
Proclamation Declaring October 2026 as "Breast Cancer
Awareness Month" in the City of Orinda.

Proclamation Declaring October 4-10, 2026, as "Fire Prevention Week" in the City of Orinda.

Presentation on the Community Warning System by Lorena
Herrera, Contra Costa County Alert and Warning Program
Manager.

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

COUNCIL REPORTS
B.

C.

D.

E.

E.1
E.2
E.3
E.4
F.

G.

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CITY MANAGER'S REPORT
CONSENT CALENDAR
Approval of City Council Minutes. Page 10
The City Council will consider approval of the Meeting Minutes of:

1. September 1, 2026, Special Meeting – Closed Session

2. September 1, 2026, Regular Meeting

3. September 15, 2026, Special Meeting – Closed Session

4. September 15, 2026, Regular Meeting
RECOMMENDATION:

Approve the City Council Meeting Minutes of:

1. September 1, 2026, Special Meeting – Closed Session

2. September 1, 2026, Regular Meeting

3. September 15, 2026, Special Meeting – Closed Session

4. September 15, 2026, Regular Meeting
Adopt Ordinance No. 26-10 – Purchasing Agent Authority Page 40 The City Council will consider adoption of Ordinance No. 26-10 to clarify the City’s purchasing requirements, establish annual purchasing authority, and increase the City Manager’s purchasing authority from $60,000 to $75,000.

RECOMMENDATION:

Adopt Ordinance No. 26-10 clarifying the City’s purchasing requirements, establishing annual purchasing authority, and increasing the City Manager’s purchasing authority from $60,000 to $75,000.

Accept Work and Contract with Miksis Services Inc. as
Complete for the Annual Storm Drain Repair Project (Category B) (CIP #5008 and #5009)

The City Council will consider adopting a Resolution accepting the work for the Annual Storm Drain Repair Project (Category B) (CIP #5008 and #5009). The project included repairing eight pipes at six locations. The repairs primarily used trenchless construction methods by lining the CMP’s with PVC liners. One location was repaired by slip lining with solid HDPE DR17 pipe.

RECOMMENDATION:

Adopt a Resolution Accepting the Work and Contract with Miksis Services Inc. as H.

I.

I.1
I.2
I.3
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Complete for the Annual Storm Drain Repair Project (Category B) (CIP #5008 and #5009).

Renaming California Shakespeare Theater Way to Siesta Valley Way

The City Council will consider a request from the operators of the Siesta Valley Bowl to change the name of the street connecting to their venue from California Shakespeare Theater Way to Siesta Valley Way to reflect the change in entity operating the facility. Adoption of the attached resolution will formally approve the proposed name and is an important part of the process needed to coordinate and implement the street name change.

RECOMMENDATION:

Adopt a Resolution Renaming California Shakespeare Theater Way to Siesta Valley Way.

Sidewalk Vending Permit Fees Page 58
The City Council will consider the creation of sidewalk vending permit fees based on the staff time needed to administer the program associated with the implementation of Ordinance No. 26-09. Adoption of the attached resolution will establish a $45 initial application fee and a $25 annual renewal fee.

RECOMMENDATION:

Adopt a Resolution Establishing Sidewalk Vending Permit Fees.

Approve Plans, Award a Construction Contract to GradeTech, Inc. and Authorize a Contingency for the Orinda Community Park Project (CIP No. 4112)

The City Council will consider adopting a Resolution approving the plans for the Orinda Community Park Project (CIP No. 4112), awarding a construction contract to GradeTech Inc. of Livermore, California in the amount of $174,374.50, and authorizing a contingency for the contract.

RECOMMENDATION:

Adopt a Resolution approving the plans for the Orinda Community Park Project (CIP No. 4112), awarding a construction contract to GradeTech Inc. of Livermore, California in the amount of $174,374.50, and authorizing a contingency for the contract.

Proclamation Declaring October 18-24, 2026, as “United Page 77 I.4
I.5
I.6
I.7
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Against Hate Week” in the City of Orinda.

Approve the issuance of a Proclamation Declaring October 18-24, 2026, as “United Against Hate Week” in the City of Orinda.

RECOMMENDATION:

Approve the issuance of a Proclamation Declaring October 18-24, 2026, as “United Against Hate Week” in the City of Orinda.

PUBLIC HEARING
POLICY MATTERS
Orinda Community Park – Play Area Replacement - Project Update

The City Council will receive an update and provide feedback on the Orinda Community Park Play Area Replacement (part of Community Park Project #4112).

The vast majority of Orinda residents participating in the community outreach efforts selected the “Nature Theme” concept. Staff is asking the City Council to provide its feedback on the design in order for the City to proceed to the next step of development.

RECOMMENDATION:

Receive presentation and provide feedback.

Public Health and Safety Practices Relevant to Senate Bill 1123, California Government Code Section 66499.41 (the
Starter Home Revitalization Act)

The City Council will discuss and provide additional policy direction on public health and safety practices to implement the Starter Home Revitalization Act (Senate Bill 1123). SB 1123 mandates ministerial (non-discretionary) approval for subdividing eligible single-family residential parcels up to 10 parcels for the construction of smaller residential units. Earlier this year, the City Council adopted Ordinance No. 26-05, exercising the City's statutory authority under state law to prohibit compounding density from Accessory Dwelling Units (ADUs) and subsequent Senate Bill 9 lot splits on these parcels.

RECOMMENDATION:

Receive the report and provide direction to Staff regarding pursuing objective updates to Orinda Municipal Code Title 16 (Subdivisions), including access management rules and curb cut standards on primary evacuation routes.

J.

K.

K.1
K.2
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MATTERS INITIATED
CLOSED SESSION
CITY MANAGER PERFORMANCE EVALUATION Pursuant to
Government Code Section 54957, annual performance
evaluation of City Manager Linda Smith
CONFERENCE WITH LABOR NEGOTIATORS Pursuant to
Government Code Section 54957.6, conference with the City's designated labor negotiators (Malkani and Riley), City Manager OPEN SESSION REPORT REGARDING CLOSED SESSION

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

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

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

L.

M.

M.1
M.2
M.3
N.

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

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Item E.2
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Item E.3
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: October 6, 2026
SUBJECT:

Approval of City Council Minutes.

EXECUTIVE SUMMARY:

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

1. September 1, 2026, Special Meeting – Closed Session

2. September 1, 2026, Regular Meeting

3. September 15, 2026, Special Meeting – Closed Session

4. September 15, 2026, Regular Meeting
RECOMMENDATION:

Approve the City Council Meeting Minutes of:

1. September 1, 2026, Special Meeting – Closed Session

2. September 1, 2026, Regular Meeting

3. September 15, 2026, Special Meeting – Closed Session

4. September 15, 2026, Regular Meeting
STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. September 1, 2026, Special Meeting – Closed Session Meeting Minutes B. September 1, 2026, Regular Meeting Minutes
C. September 15, 2026, Special Meeting – Closed Session Meeting Minutes D. September 15, 2026, Regular Meeting Minutes
Respectfully Submitted by,
Joelle Fockler, MMC, City Clerk
Approved By:

Linda Smith, City Manager
Item I.1
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September 1, 2026

CITY OF ORINDA

CITY COUNCIL CLOSED SESSION MINUTES
6:00 PM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Iverson called the meeting to order and noted that all Councilmembers were present.

B. CLOSED SESSION

1. OPEN SESSION IDENTIFICATION of Closed Session Matters The Closed Session Matters were identified.

2. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
There were no public comments.

3. CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS. Pursuant to Government Code Section 54957.6, conferenvce with the City’s designated labor negotiators (Malkani and Riley), City Manager
C. ADJOURNMENT
The meeting adjourned at approximately 7:00 P.M.
__________________________
Joelle Fockler, MMC, City Clerk
Item I.1
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Orinda City Council Minutes Page 1 of 17 09.01.26
SEPTEMBER 01, 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 at [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, Vice Mayor Darlene Gee, Mayor Brandyn Iverson.

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 Hoxie, to adopt the agenda. Said motion carried by unanimous (5-0) vote.

E. ITEMS FOR THE GOOD OF THE CITY
E.1 Introduction of New City Clerk, Joelle Fockler
City Manager Smith introduced new City Clerk, Joelle Fockler, who joined the City yesterday, to the City of Orinda. Ms. Fockler brings over 30 years of experience, the last 12 years for the City of Concord as their City Clerk. The Council and staff welcomed Ms.

Fockler who replaces retiring City Clerk Sheri Smith. The City will host a public reception for Ms. Smith at the next Council meeting.

City Clerk Joelle Fockler thanked the City Manager and said she looks forward to working with the Orinda Council, citizens, and Staff.

Mayor Iverson and Councilmembers welcomed Ms. Fockler to the City.

E.2 Proclamation Recognizing September as Ovarian Cancer Awareness Month
Item I.1
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Orinda City Council Minutes Page 2 of 17 09.01.26
Mayor Iverson read and presented the Proclamation recognizing September as Ovarian Cancer Awareness Month.

Mayor Iverson opened the Public Forum.

Elizabeth McLaughlin asked that the Council adopt the proclamation recognizing September as Ovarian Cancer Awareness Month, noting she is an ovarian cancer survivor and advocate, and said awareness is very important.

Councilmembers thanked Ms. McLaughin for sharing her story, noted as an all-female Council, it is important to recognize the disease which is hard to detect.

E.3 Proclamation Recognizing September as Hispanic Heritage Month Mayor Iverson read and presented the Proclamation recognizing September as Hispanic Heritage Month.

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

E.4 County Connection Presentation - Bill Churchill, General Manager Bill Churchill, General Manager, County Connection, gave a PowerPoint presentation about County Connection’s service to the City. He recognized Ruby Horta, Assistant General Manager and Kyle Haskell, Manager of Grants. He then presented information on the JPA of Contra Costa County cities, its service to customers, ridership statistics and patterns by pre- and post-pandemic, avoidance of 3.25 metric tons of CO2 by taking public transit, congestion reduction, para-transit services and ridership programs, the Youth Ride Free program and its future funding, emergency preparedness, County Connection’s role as a partner with cities to meet City goals, the Connect Bay Area Act, where regional transit agencies are experiencing a profound fiscal cliff.

Mr. Churchill noted County Connection has a $6 million deficit, which will result in a measure to reduce services by 22% starting in April, and he concluded, thanking the Council for the opportunity to present.

Councilmember Malkani said she thinks the measure is of interest to residents, recognizing the critical infrastructure that transportation provides and understanding how County Connection fits into that. She referred to Route 6 and ridership and asked if the 91,000 is in addition to the student trips.

Mr. Churchill explained that this is just for Route 6 fixed route service that goes through the community. He said OIS and Miramonte is very important ridership to and from schools.

Councilmember Malkani asked to provide demographic information on the riders of Route

6. Mr. Churchill described the interesting mix of riders on Route 6, from college students coming from Lafayette BART to St. Mary’s College, Campolindo and other students, as well as service workers from Concord who take the Orinda BART.

Item I.1
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Orinda City Council Minutes Page 3 of 17 09.01.26
Councilmember Riley thanked Mr. Churchill for his presentation. A family member takes County Connection from BART and speaks about its reliability and timeliness. She asked if there is data supporting this, as well.

Mr. Churchill said timeliness involves not leaving a stop early and on-time performance is important. They have invested money on buses and County Connection was the second public transit agency to be 100% CAD-AVL-GPS enabled. This allows dispatchers to know where any given bus is at any given time, and they can communicate timing directly.

Their connection to the regional system is also very important and 99% of their routes touch BART, with only one that does not.

Mayor Iverson commented on Apple phones which tells people what bus to take to BART and exactly where the stop is, what minute it is arriving, what side of the street it is on, and this takes obstacles to ridership out.

Councilmember Hoxie said sometimes buses get crowded, particularly with students, and she asked and confirmed riders are allowed to stand and it is not uncommon to see 57- 60 passengers on a single bus.

Councilmember Hoxie asked about electric buses.

Mr. Churchill replied they have eight electric buses which are inductively charged and, while it is a perfect application for a small vehicle, it has not yet been perfected in a heavy duty vehicle. The renewable diesel bus gets about 400 miles which is a non-petroleum, non-carbon fuel made up of vegetable and animal renderings. And, an electric bus might only get 150-160 miles, so over 50% of the trips cannot be done with current electric bus technology. ICT regulations will require them to convert, but the technology is not yet there, and they have an exemption for now until 2029.

Mayor Iverson referred to the service map, noting that Orinda’s biggest problem with getting ridership on BART, commuters and getting traffic under control is the last four or so blocks straight up a hill gap. She asked if there are shuttles or bus sizes that can broaden the reach of routes.

Mr. Churchill said the agency has experience experimenting with micro-transit programs in other jurisdictions, including Martinez, San Ramon through partnerships with Lyft and Uber, and Danville. He said they are willing to explore micro-transit in the Moraga/Orinda area, but current budget deficits prevent expansion. He noted that micro-transit can increase costs as ridership grows because additional vehicles and drivers may be required. The agency is also exploring autonomous vehicles and other service models to anticipate future community needs and determine the appropriate mix and scale of transportation services.

Councilmember Malkani referred to interconnectedness of County Connection and BART. When looking at the regional transportation measure, they also received a presentation from BART’s measure and she asked what Orindans are looking at.

Item I.1
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Orinda City Council Minutes Page 4 of 17 09.01.26
Mr. Churchill said the impact of the measure not passing was uncertain, but Orinda BART had preliminarily been identified for elimination. He emphasized that the station is a critical County Connection hub for school transportation and paratransit transfers between East Bay communities, making advocacy to retain the station important if the measure fails.

He explained that school bus service is more expensive to operate than regular fixedroute service because it requires short, peak-period service in the morning and afternoon.

County Connection had proposed eliminating school bus service, but its Board did not support the proposal. He clarified that the proposed 22% service reduction therefore would not include school services and would primarily affect core Route 6 service. County Connection currently lists Route 6 as serving Lafayette, Moraga, and Orinda BART.

Vice Mayor Gee thanked Mr. Churchill for his presentation and hopes comments can be well communicated in the next few months, given the importance of County Connection to Orindans. She is also happy to be able to work with County Connection staff and is very informed and cited the importance of what County Connection provides to the community.

Mayor Iverson echoed comments of the Vice Mayor and thanked Mr. Churchill for his informative presentation.

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

F. PUBLIC FORUM – None
G. COUNCIL REPORTS
Councilmember Riley reported on her attendance with Vice Mayor Gee to Recycle Smart’s meeting. Implementation of the new franchise agreement starts in March.

Planned for are more drivers, routes, trucks, training and changes made to routes and they expect 20,000 households to get a new route. Beginning November 1st, they will an extra $10 charge for any overflows to the black can.

She also reported on her attendance with Councilmember Malkani to the 2x2 School Committee meeting, with updates on construction projects, Ivy Drive with police enforcement/presence, and issues at Del Rey.

Councilmember Malkani reported there will be a parent education night on October 15th and discussions regarding E-bike safety and community policing with Officer Talia. She noted concerns about the long traffic signal when walking from Ivy Drive crossing Moraga Way to get to Miramonte in the a.m. They are also working on getting a new crossing guard for OIS.

The “Safe at Scale” film event will be held on October 29th which will have a screening of the film, “Weathered” at the Orinda Theater relating to the Los Angeles wildfires. It is followed by a panel discussion that will include Senator Grayson, the director of the film, with the City as a sponsor.

Item I.1
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Orinda City Council Minutes Page 5 of 17 09.01.26
Councilmember Hoxie reported on the first meeting of the Lamorinda School Bus Transportation Authority for the start of school. There were some issues with the paving project and buses, so in the future, the City will either have projects done prior to school opening and better communications. The LSBTA approved an additional route for Wilder students going to OIS starting next year due to routes selling out. Lastly, they elected her as President of LSBTA for next year.

Mayor Iverson reported Orinda Books celebrated its 50th anniversary on August 22nd.

Between that and meeting the Loard’s Ice Cream and Candy owners at the Chamber of Commerce, she recognized the incredible small business owners and community they have.

Vice Mayor Gee said she has not attended any meetings since their last Council meeting.

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

H. CITY MANAGER’S REPORT
City Manager Smith gave the following report:
• SB 922 was signed by the Governor which is the preservation of the road maintenance fee for local jurisdictions;
• This Thursday night, the Mixed Nut band is playing from 6-8 p.m. at the Community Center and food trucks will be present;
• She received notification from Orinda Community Foundation that they are looking for their Citizen of the Year, and applications are due on October 1st; and • How Orinda Works was held last Thursday night as their “partners night.” East Bay MUD, Central Sanitation and Republic attended and it was the highest rated event by members thus far
Mayor Iverson opened the public comment period, and there were no speakers.

I. CONSENT CALENDAR
Mayor Iverson asked and confirmed Item I.3 was requested to be pulled from consideration on the Consent Calendar via email from a member of the public not in attendance. There were no other requested items to be pulled from consideration on the Consent Calendar by the public and no public comments.

Mayor Iverson requested removal of Item I.5 and Vice Mayor Gee requested removal of Item I.3. Mayor Iverson then confirmed Items I.3 and I.5 were removed from consideration on the Consent Calendar.

I.1 Approval of City Council Minutes
The City Council will consider approval of the Meeting Minutes of:

1. August 18, 2026, Regular Meeting
RECOMMENDATION:

Approve City Council Minutes of

1. August 18, 2026, Regular Meeting
Item I.1
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Orinda City Council Minutes Page 6 of 17 09.01.26
I.2 Adopt Ordinance No. 26-08 - Municipal Code Cleanup to Confirm First Amendment Compliance
The City Council will consider adoption of an ordinance to confirm consistency with current First Amendment jurisprudence while preserving the City's ability to protect public safety and maintain accessible public rights-of-way. The ordinance deletes outdated provisions related to sidewalk vending and replaces one existing regulation with a contentneutral standard governing sidewalk obstruction. Collectively, the amendments increase transparency, modernize the Municipal Code, and retain objective regulations necessary to protect pedestrian access and Americans with Disabilities Act (ADA) compliance.

RECOMMENDATION:

Waive the full reading and adopt Ordinance 26-08, Deleting Chapter 9.08 (Offenses Against Public Peace and Decency) and Amending Chapters

12.08 (Encroachments) and 12.16 (Nonvehicular Prohibitions in Rights-ofWay) of the Orinda Municipal Code to ensure consistency with First Amendment protections while preserving appropriate public safety regulations.

I.4 Professional Services Contract with LCC Engineering & Surveying, Inc. for the Coral Drive Sidewalk Project No. 5042
The City Council will consider approving a contract with LCC Engineering & Surveying, Inc. for surveying, engineering and professional design services for the Coral Drive Sidewalk Project (CIP No. 5042). The proposed contract amount is $89,100, plus a 20% contingency. The proposed project would complete this missing segment by providing a continuous sidewalk from Moraga Way to the southern entrance of Orinda Intermediate School, improving pedestrian connectivity and safety along the corridor. Completion of this project will not only increase the safety of OIS students but also encourage students in surrounding neighborhoods to walk to school.

RECOMMENDATION:

Adopt Resolution 68-26 Approving a Professional Services Contract with LCC Engineering & Surveying, Inc. for the Coral Drive Sidewalk Project (CIP No. 5042).

MOTION by Mayor Iverson and seconded by Councilmember Hoxie to approve Consent Calendar Items I.1, I.2, and I.4. Said motion carried by unanimous (5-0) vote.

Item I.1
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Orinda City Council Minutes Page 7 of 17 09.01.26
Items Removed from the Consent Calendar:

I.3 Adopt Ordinance No. 26-09 – Sidewalk Vendors
The City Council will consider adopting Ordinance 26-09, establishing a comprehensive regulatory framework for sidewalk vending consistent with state law. The Ordinance would require vendors to obtain a City permit and establish objective standards for where and how vending may occur, with an emphasis on safety, accessibility, and compatibility with surrounding uses.

RECOMMENDATION:

Waive the full reading and adopt Ordinance 26-09, Amending Title 5 of the Orinda Municipal Code (Business Licenses and Regulations) to Enact Chapter 5.34 (Sidewalk Vending) and Amend Chapters 5.03 (Business Registration), 5.32 (Peddlers and Solicitors), 12.08 (Encroachments), 12.20 (Roadside Selling), and 12.28 (Parks), and Delete Chapter 8.08 (Public Health Licenses and Fees) for Consistency with State Sidewalk Vending Law.

Vice Mayor Gee said she knows there is a fair amount of confusion within the community and she received a lot of commentary about sidewalk vendors. She has been troubled occasionally by some of the situations but she thinks it is important that the community understand is that what the Council is doing is bringing themselves into better compliance with State law and giving themselves the best opportunity to control this issue in the community.

They cannot outright ban sidewalk vendors because of State law and not because there might not be interest in the community. Therefore, she thinks it is important the community understands that the root emanates from State laws.

Councilmember Hoxie added a question regarding food safety and sidewalk vendors. The one vendor was a taco stand on the corner near Safeway at night with lights, but she does not understand how that works with the County food ordinances and what the City can do to ensure the vendor is in compliance.

Assistant to the City Manager Cole Haselip responded, stating this ordinance would require vendors obtain all health and safety licenses and permits required from the County. The City is limited in penalties they can assess for that and are only allowed to implement fines. There is a schedule of fines mandated by the State which must be proportionate to the violation and there needs to be four violations in a one-year period before being able to revoke the vendor’s permit to be sidewalk vendor.

City Manager Smith said if part of the question is what a person can do, they can ask to see someone’s licensing information from the County Environmental Health or the Health Department and they could request the City’s registration paperwork because the City’s ordinance also requires they be registered with the City. In a case where no one produces that and they would like to report them someone would contact the Public Works Department who would go out and enforce during business hours. After hours, she suggested calling the non-emergency line.

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Councilmember Riley asked what sidewalks could take on a sidewalk vendor, given there must be 4’ of clearance on the sidewalk to pass by. Mr. Haselip said there are many sidewalks, but he did not perform any analysis of exactly where vendors would be present.

Councilmember Riley noted the entire Village sidewalks are narrow and there is no way a truck could set up with 4’. Mr. Haselip said they must have that 4’ clearance, so it is a case-by-case basis and the City could be alerted and go out and measure. He noted that when getting farther down on the Village side, sidewalks seem to get wider and it varies throughout the City.

City Manager Smith said sidewalks are typically wider at intersections and vendors would likely set up closer to those intersections for a variety of reasons.

Councilmember Riley said if a business has outdoor seating on the sidewalk and a vendor wants to use that space, she asked if they can override the sidewalk areas for outdoor seating.

City Attorney Osa Wolff responded that if there is outdoor seating at present, it is occurring on private property and not on the sidewalk. So, private property owners do not need to allow a vendor to operate on their property. The City is only talking about the public rightof-way here. She also pointed out that because the City does not have a compliant ordinance, the City has no regulations for sidewalk vending. So, adopting this ordinance the City does not currently have, which is the ability to enforce rules at all. They are not inviting or encouraging sidewalk vending and instead are setting up rules for it.

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

MOTION by Councilmember Malkani and seconded by Councilmember Hoxie to waive the full reading and adopt Ordinance No. 26-09, Amending Title 5 of the Orinda Municipal Code (Business Licenses and Regulations) to Enact Chapter 5.34 (Sidewalk Vending) and Amend Chapters 5.03 (Business Registration), 5.32 (Peddlers and Solicitors), 12.08 (Encroachments), 12.20 (Roadside Selling), and 12.28 (Parks), and Delete Chapter 8.08 (Public Health Licenses and Fees) for Consistency with State Sidewalk Vending Law.

Said motion carried by unanimous (5-0) vote.

I.5 Temporary Full Road Closure of La Cresta Road, Valencia Road, Altamont Drive, Carmen Court, El Nido Court, Francisco Court, and Portions of Don Gabriel Way for EBMUD La Cresta Cluster Water Main Replacement Project
The City Council will consider approving Resolution 69-26 (Traffic Order #245) Authorizing the Temporary Full Closure of La Cresta Road, Valencia Road, Altamont Drive, Carmen Court, El Nido Court, Francisco Court, and Portions of Don Gabriel Way.

RECOMMENDATION:

Adopt Resolution 69-26 (Traffic Order #245) Authorizing the Temporary Full Closure of La Cresta Road, Valencia Road, Altamont Drive, Carmen Court, El Nido Court, Francisco Court, and Portions of Don Gabriel Way.

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Mayor Iverson expressed concern about road closures associated with paving projects and asked whether adequate provisions would ensure continued access for buses, trash collection, detours, and emergency services.

City Engineer Seva Natarajan explained that the proposed closure is similar to prior EBMUD road closures and that permits require maintaining garbage collection, school bus service, and emergency access. EBMUD provides access through the work area when necessary and coordinates closely with City staff and its construction and outreach teams. Although construction may be permitted from 8:00 a.m. to 4:30 p.m., EBMUD generally limits closures to approximately 9:00 a.m. to 3:00 p.m. to accommodate other services, which can extend the construction schedule.

He added that the same access requirements apply to paving projects. He noted that while the prime contractor performed well during last year's Moraga Way paving project, a new subcontractor failed to follow the established requirements, requiring staff to intervene and place the contractor on notice. He noted some vehicles got damaged because they had to drive over the pavement, as they were not properly notified, and this is being worked out. It does not deviate from the City’s general requirements, and he would consider this a “one off” situation.

He noted this project is actually in the vicinity of Del Rey and in the next part of the packet, they are not implementing the entire road closure in one stretch—only block by block. The work involves primarily the trench in the middle of the roadway and they will work with homeowners to allow access to their properties, with only a few minutes of delay.

Councilmember Malkani asked if the City coordinates with the schools around closures.

Mr. Natarajan said they coordinate with the school district but not necessarily in that context because most of the work is outside of school events. They can check with the schools if there are any events during the daytime such as a game they need to coordinate for.

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

Joseph Voelker, East Bay Municipal Utility District (EBMUD) Community Affairs Representative, stated EBMUD held a community meeting for the La Cresta Cluster Pipeline project on Thursday last week and heard about Del Rey. They have reached out to Del Rey and getting their school calendar to ensure there are no impacts.

Councilmember Riley commented that contractors were very professional when they were working in her neighborhood, knocked on their doors, and ensured vehicles were moved, and she was impressed by the level of customer service.

Mayor Iverson and Councilmembers thanked Mr. Natarajan for his work in addressing the issues.

MOTION by Councilmember Hoxie and seconded by Councilmember Riley to adopt Resolution 69-26 (Traffic Order #245) Authorizing the Temporary Full Closure of La Cresta Road, Valencia Road, Altamont Drive, Carmen Court, El Nido Court, Francisco Court, and Portions of Don Gabriel Way. Said motion carried by unanimous (5-0) vote.

Item I.1
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J. PUBLIC HEARING
J.1 2026 Annual Development Agreement Compliance Review for the Wilder Project
The City Council will conduct a public hearing to determine whether Orinda Gateway/ OG Property Owners, LLC (“OGLLC”), the Wilder property developer, is in substantial compliance with the terms of the Development and Pre-Annexation Agreement for Gateway Valley (“DA”) as amended. As detailed in the proposed resolution, OGLLC is out of compliance with the insurance requirement in the DA and has failed to meet its obligations under resources agency permits as detailed in recent letters from the California Department of Fish and Wildlife (“CDFW”). OGLLC must obtain the required insurance as soon as possible, but no later than October 1, 2026.

Additionally, OGLLC must keep the City apprised of its work to comply with the requirements described in the letters from CDFW.

RECOMMENDATION:

Adopt Resolution No. 65-26 finding, based on all of the evidence set forth below and presented at the hearing, that OGLLC has not complied in good faith with the Development Agreement and related approvals.

City Attorney Osa Wolff stated the process is similar to what was used at the prior meeting for a land use appeal because this is quasi-adjudicative and it is important to protect due process. She then described the process of reviewing the procedure, ex parte communications, overview of the staff report, questions of staff, developer presentation, questions of the developer by the Council, the Public Forum, OGLLC rebuttal period, closure of the public hearing, and deliberation of staff’s recommendations.

Councilmember Hoxie, Malkani, Riley, Vice Mayor Gee, and Mayor Iverson indicated they have had no ex-parte communications.

Associate Planner Celina Palmer presented the staff report and overview of the annual development agreement compliance review process for the Wilder project. Staff’s recommendation is that the Council adopt Resolution No. 65-26 finding, based on all of the evidence set forth below and presented at the hearing, that OGLLC has not complied in good faith with the Development Agreement and related approvals.

Mayor Iverson asked about the insurance information included in the supplemental correspondence. City Manager Smith stated that the late correspondence contained a two-page summary of the 70 pages of insurance declaration sheets.

City Attorney Wolff said the materials were received the previous day and staff had not had sufficient time for a complete review. Her preliminary review indicated the developer remained out of compliance with the Development Agreement (DA) insurance requirements, with a strong possibility of a coverage gap despite the DA requiring continuous coverage. She also noted references to premises liability for 7 Paintbrush Lane, the former sales office, which she believed was no longer owned by the developer.

Numerous exclusions appeared inconsistent with the DA requirements. Ms. Wolff stated that additional review was needed but that the staff recommendation remained unchanged because the materials provided did not demonstrate compliance with the insurance requirements.

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Councilmember Hoxie referred to the September 1 extension and asked whether the developer had provided additional information. City Attorney Wolff said the late correspondence included a two-page letter delivered that day by the developer to the California Department of Fish and Wildlife (CDFW), with an attached spreadsheet. She reported that the developer remained out of compliance with the CDFW permit and would continue discussions with CDFW regarding resolution, including the potential calling of the bond.

Councilmember Hoxie asked about next steps and CDFW's process for calling the bond.

City Attorney Wolff said she was not fully aware of CDFW's internal process but was in regular communication with its attorney and encouraging OGLLC to pursue resolution.

She noted that a GHAD Board meeting was scheduled in two weeks, at which staff could provide an update on the transfer of open space properties. Wolff added that she would report any additional information received before the 15th.

City Manager Smith noted the September 15th GHAD meeting will be held at 6:00 p.m.

Mayor Iverson asked for clarification regarding the relationship between the Development Agreement (DA) review and the September 15, 6:00 p.m. GHAD meeting.

City Attorney Wolff explained that the Wilder DA remains in effect even though most development is complete. The City must conduct annual compliance reviews until the DA is closed out or expires, which is the purpose of tonight's hearing. She added that the GHAD is the anticipated future owner of certain open space properties, and the Council, acting as the GHAD, will receive an update on the status of those property transfers at the upcoming meeting.

Councilmember Malkani asked whether finding OGLLC in compliance with its financial obligations would exempt it from using other funds, such as the tree deposit.

City Attorney Wolff explained that the staff report identifies the DA requirements reviewed annually. While certain obligations, such as completion of the Art & Garden Center, have been satisfied, ongoing requirements include maintaining sufficient funds on deposit with the City to support continued oversight, which OGLLC has done. Insurance remains an area of non-compliance because the developer has not provided evidence meeting the DA requirements. She also noted that, since last year's review, the CDFW notified the developer that it had failed to meet permit obligations. Because those obligations are related to the DA, staff considers them a DA compliance issue and has included them in this year's review.

Mayor Iverson cited a late correspondence from Dan Slaughter regarding trails. She realizes that the Council is here to narrow issues and the more the City deals with this into the future, it seems like neither the DA itself does not create that obligation but the GHAD’s lands are not really the subject matter. It is more the conversations they have when the land is deeded over to the various park and conservation agencies. She asked if there is a point in time when those are appropriate conversations to have.

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City Attorney Wolff said she does not have full information about the trail system, but she understand it was a very carefully planned project—that one would be able to walk from Wilder up to Sibley. Those connections are part of what the developer and future EBRPD’s owner will have for the public. If the request is to expand that network, that will likely require additional permitting and interaction with CDFW because the trails as they exist today are the ones authorized at Wilder.

Mayor Iverson said her understanding is that the Red Hawk staging area was deemed infeasible, but it seems like the original promise of connectivity and well signed and well maintained trails is not that great. She echoed concerns of the letter writer, noting that the original vision falls short of what everybody thought it would be like when it became parkland.

City Attorney Wolff said she was unsure of the answer, but she can look into the historical documents and determine the trail plan and how it matches what exists today. Certainly, the future property owners could sign things better, but if the issue is that the trail network system itself is insufficient, that is a bigger conversation than the DA compliance review.

Councilmember Malkani referred to the public comment and the resident is asking that any current or future finding of good faith compliance be condition on documented progress towards this public access framework or trail. If reviewing the trail network is not tied to a compliance finding, then she asked what is it tied to or how it fits in terms of Wilder.

City Attorney Wolff said it is certainly the case that the Art & Garden Center respite area that was originally planned for the Red Hawk site was removed in the last DA amendment.

She does not know if any trails were removed, however, and she believes it was just that site. So, the trails might still be part of the plan. Until she read this, she had not heard an allegation of non-compliance with the DA based upon trails but she can certainly look into it.

Mayor Iverson formally asked staff to find out what the original plan versus where the Council is today looks like because it feels like a missed opportunity and it is not exactly the GHAD’s territory, or exacting a non-compliance issue, but there might be an opportunity to do something constructive as they are spending time on Wilder matters.

She appreciates that is not something they are here to do tonight, but it was a well-timed question to ask.

Councilmember Malkani agreed.

Mayor Iverson invited the applicant to present.

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Chris Yelich, OGLLC, said they have worked with the City over the years and tried to deliver a high quality project, which he believes Wilder is. What has happened is it has taken so long for them as the developer to try to manage out of these obligations being named. He does not think people realize the overhead click when things get delayed. He is not blaming anybody on the delays, but it was very punitive to their group to the point where it closed down their company. It has been 5 years where his partner, Scott Goldie, had passed away and he thinks there are some solution to figure out a way to turn the property over to the GHAD, have it protected through the GHAD, and ways to work with CDFW to get them what they want.

They have sent back letters discussing the fact that money has been paid into the GHAD which they initially funded. They had all of those responsibilities for all of these years and the City team has been helpful in working with them using their deposits, working with GHAD to figure out solutions. But, there is at least $5 million that has been stockpiled in the GHAD and they are asking for help for the City to look at some alternatives for them which would be using some of that money. With CDFW, they funded endowments 17 years ago and the money has been accruing interest, and there are a couple of things they would like to see done where, from their standpoint, they would like to work with them and get them what they need and to move on. They had no idea when they stepped in it was going to be what it is now, and again, while not blaming anyone, when there is a delay by an agency or someone changes their mind at an agency level, it is punitive to OGLLC and they can no longer bear the brunt of it any longer.

Therefore, they are looking at creative alternatives with the money that has been sitting in these accounts for years and asking for creative solutions to be able to use that to get final items off of the list.

Mayor Iverson asked and confirmed there were no questions from Councilmembers, and she opened the Public Forum.

Bob Finch expressed concern about a lack of clarity regarding Wilder and OGLLC's outstanding obligations. Referring to a prior annual review, he noted that the City Manager had indicated the City was working with OGLLC to renegotiate obligations but could not identify which obligations had been released. Finch requested clarification of the remaining obligations owed to the City, their value relative to the approximately $6 million bond, and the status of OGLLC's response to CDFW.

He criticized OGLLC's letter to CDFW, stating that its claim that OGLLC had consistently maintained the project was inaccurate. He said OGLLC had been largely absent from addressing Wilder-related issues, including ongoing litigation, and expressed frustration that its attorney had not appeared at regular court proceedings. He noted that OGLLC's extension to respond to the demand letter expired that day, yet the status remained unclear. He said OGLLC had attributed outstanding issues to the GHAD, EBMUD, and EBRPD and sought to improve the properties before transferring title. Mr. Finch then argued that the bond should be called to provide funding for the affected agencies to address responsibilities he believed OGLLC had failed to fulfill.

John Zentner, 67 Lost Valley Drive, stated that he is a plant ecologist who has operated an environmental consulting firm for more than 40 years and has extensive experience with conservation easements, mitigation programs, and fire control plans.

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He expressed concern that the western open space had been largely unmanaged for approximately two years, with no fuel mitigation or grazing. The vegetation had shifted from non-native annual grasses to coyote bush and non-native forbs and perennials, creating increased fire hazards also identified by the CDFW.

Mr. Zentner compared the area's fire risk to the 2017 Tubbs Fire, noting that the western open space ridge is approximately 0.9 miles from the PG&E plant at the south end of Lost Valley. He warned that a fire could spread rapidly into Lost Valley and potentially eliminate the only available evacuation route.

He urged the Council to request that CDFW immediately call the developer's surety rather than simply continue informing residents. He explained that CDFW's process involves review by its local biologist, area environmental scientist, warden, Environmental Services section, and Regional Manager, with staff and attorneys involved. He said the process could move quickly and noted that the Regional Water Board and Corps of Engineers were relying on CDFW to take the lead regarding the developer's lack of action.

Mayor Iverson asked that Mr. Zentner follow-up on his requests in writing to the Council.

Mark Ashby, Wilder resident, urged the Council to adopt Resolution 65-26 finding that OGLLC had not complied in good faith with the Wilder DA. He commended the City Manager, City Attorney's Office, GHAD, and ENGEO for their collaborative efforts to hold OGLLC accountable.

Mr. Ashby said OGLLC's written response, received shortly before the meeting, claimed approximately $97,000 in bond obligations remained outstanding, which he said conflicted with CDFW's July 3 and August 6 letters identifying approximately $2 million in outstanding secured obligations, including trail remediation, habitat mitigation, credit purchases, infrastructure improvements, coyote brush removal, and tax delinquencies.

He urged the Council to rely on CDFW's independent assessment and expressed concern that OGLLC proposed using endowment funds and GHAD assessment balances to satisfy its obligations, potentially shifting costs to the City and Wilder residents. He also noted that OGLLC had recently obtained liability insurance, although compliance with DA requirements remained uncertain.

If the Council adopted the non-compliance finding, he requested that the City formally notify CDFW so it could consider the finding in its enforcement decision regarding the bond. He emphasized that the protected open space was a central commitment of the Wilder development and that OGLLC's unresolved obligations had delayed transfer of the properties to GHAD, EBRPD, and EBMUD, leaving the lands unmanaged and increasingly degraded.

Mayor Iverson confirmed there were no further speakers and asked the applicant for rebuttal.

Mr. Yellage waived his rebuttal period.

Mayor Iverson turned to the Council for deliberation and a decision.

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Councilmember Hoxie noted it was relatively clear they should follow the staff recommendations, adopt the resolution as presented, and encourage moving forward to notify CDFW of the non-compliance issues and calling the bond.

Vice Mayor Gee concurred and said it is clear tonight that OGLLC remains in noncompliance. There have been other key issues raised tonight that hopefully between the GHAD and other meetings the Council will get more informed about. There are concerns from residents which deserve resolution of these items.

Councilmember Malkani concurred and echoed comments to move forward to push forward on the other issues, as well.

Mayor Iverson agreed and said as a former land developer, she is as sympathetic as anyone they will find. This is what happens when a very large project runs out of money and time is the enemy. She thinks they are fortunate in this situation that there is a bond and there are known facts and things to be done.

Councilmember Riley agreed and thinks they should move forward. She added they can thank the City Manager for creative solutions with trees, deposits, taxes, and a few more creative solutions can move forward, as well.

City Manager Smith said a lot of the credit goes to the City Attorney, as well. They have been working behind the scenes, keeping in contact with the Wilder community, working closely with GHAD staff and want to solve this as soon as possible. It sounds like CDFW feels the same way now and their hope is to find a solution and get those properties into the public agencies hands as quickly as possible so proper land management can occur.

She was unsure as to the timing of the bond process might look like and they are looking at all options to advance that as quickly as possible. More discussion will occur at the September 15th GHAD Board meeting at 6:00 p.m.

Lastly, she thanked Associate Planner Celina Palmer as this is her last meeting with the City of Orinda. She has received a job opportunity in the City of Concord and will do great things with that city.

Mayor Iverson thanked staff for the real creativity and she hopes the developer hears the good faith and constructive efforts and works with them to get the title moved over.

MOTION by Councilmember Hoxie and seconded by Councilmember Riley to adopt Resolution No. 65-26 finding, based on all of the evidence set forth below and presented at the hearing, that OGLLC has not complied in good faith with the Development Agreement and related approvals. Said motion carried by unanimous (5-0) vote.

K. POLICY MATTERS
K.1 Purchasing Agent Authority for Contracts and Purchases Item I.1
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The City Council will discuss possible updates to Chapter 2.55 of the Municipal Code. Specifically, they will discuss Staff proposed updates to clarify how purchasing thresholds apply to related expenditures and multiyear agreements and to better define the respective contracting authority of the City Council and City Manager. The proposed changes would establish an annual purchasing threshold, expand the types of purchases subject to the City Manager’s authority, and increase the City Manager’s purchasing authority from $60,000 to $75,000.

RECOMMENDATION:

Review and discuss the proposed changes clarifying contracting requirements and increasing the City Manager’s purchasing authority from $60,000 to $75,000.

Assistant to the City Manager Cole Haselip gave the staff report and overview of the item regarding changes to revise language in the purchasing agent authority for contracts and purchases, and an increase in the purchasing threshold.

Councilmember Riley asked if the new definitions change how the City does business given clarity of terms and wording. Mr. Haselip replied that he does not believe much will be seen in the way of changes. There have been interpretation issues in the past, and this has also changed with new staff members, so this would enable staff to operate on solid ground with clarity and ensure they do not have to scour through records when contracting with agencies.

Mayor Iverson said some cities like Moraga refer to a standard rather than changing the number from time to time. Orinda is saying it will just go to $75,000 and benchmark it with CUPCCAA. She asked why this approach was chosen. Mr. Haselip said they chose this approach because the Council may want to see this the next time staff asks for an increase. The Council can provide policy direction tonight to simply set it to that threshold and it would increase as the California Uniform Public Construction Cost Accounting Act (CUPCCAA) increases naturally. The advantage is that it would move with inflation, and CUPCCAA is set by the legislature on an intermittent basis, as well. Then, the Council could be tied with whatever the State legislature decides to do with that number.

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

Councilmember Malkani thanked Mr. Haselip for the staff report and information relating to the chart of Vendor Payments by Purchasing Authority Threshold. She voiced support of the recommendation.

Vice Mayor Gee agreed this is a good policy adjustment and voiced support and appreciation of the staff report which will make it helpful over time. She would prefer not tying it to a State standard that changes, and having the number makes it easier to understand, but is supportive of taking the action tonight.

Councilmember Hoxie agreed and thinks staff’s reasoning is clear and recommended moving forward.

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Mayor Iverson said she likes the benchmarking because then it can be set and it will not need to return on the agenda. She would hope staff could bring an inflation adjustment as a simple Consent item and thanked Mr. Haselip for his staff report.

City Manager Smith confirmed there was consensus by the Council and staff will make the necessary changes. If it needs to return, staff can return with an ordinance for the Council’s consideration.

L. MATTERS INITIATED – None.

M. ADJOURNMENT
The Regular Meeting was adjourned at approximately 9:39 p.m. to the next Regular City Council Meeting on Tuesday, September 15, 2026, at 7:00 p.m. ______________________________
Joelle Fockler, MMC, City Clerk
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September 15, 2026

CITY OF ORINDA

CITY COUNCIL CLOSED SESSION MINUTES
5:15 PM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Iverson called the meeting to order and noted that all Councilmembers were present.

B. CLOSED SESSION

1. OPEN SESSION IDENTIFICATION of Closed Session Matters The Closed Session Matters were identified.

2. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
There were no public comments.

3. CLOSED SESSION
a. CITY MANAGER PERFORMANCE EVALUATION. Pursuant to Government Code Section 54957, annual performance evaluation of City Manager Linda Smith.
b. CONFERENCE WITH LABOR NEGOTIATORS. Pursuant to Government Code Section 54957.6, conference with the City’s designated labor negotiators (Malkani and Riley), City Manager
C. ADJOURNMENT
The meeting adjourned at approximately 6:00 P.M.
__________________________
Joelle Fockler, MMC, City Clerk
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SEPTEMBER 15, 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 at [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 7:09 p.m.

COUNCILMEMBERS PRESENT: Cara Hoxie, Latika Malkani, Janet Riley, Vice Mayor Darlene Gee, Mayor Brandyn Iverson.

COUNCILMEMBERS ABSENT: None.

B. PLEDGE OF ALLEGIANCE – Led by Mayor Iverson.

C. CLOSED SESSION REPORT (when applicable) Mayor Iverson announced there were no reportable actions taken in Closed Session.

D. ADOPTION OF AGENDA
There were no changes to the agenda.

MOTION by Mayor Iverson, and seconded by Councilmember Hoxie, to adopt the agenda. Said motion carried by unanimous (5-0) roll call vote.

E. ITEMS FOR THE GOOD OF THE CITY
E.1 Proclamation Declaring September as Emergency Preparedness Month
Mayor Iverson read the proclamation declaring September as Emergency Preparedness Month into the record.

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

E.2 Proclamation Honoring Sheri Marie Smith and Declaring September 26, 2026, "Sheri Smith Day" in the City of Orinda
Mayor Iverson and Councilmembers each read portions of the Proclamation honoring Sheri Marie Smith and declaring September 26, 2026, “Sheri Smith Day” in the City of Orinda and presented it to City Clerk Sheri Smith.

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Representatives from Congressman DeSaulnier’s Office, Assemblymember Rebecca Bauer-Kahan’s Office, State Senator Tim Grayson’s Office, and Supervisor Candace Andersen’s Office recognized Sheri Smith for her professionalism, dedication, and years of public service. Certificates, a joint resolution, and a proclamation were presented in honor of her retirement and 10 years of service to the City of Orinda.

City Manager Smith expressed appreciation for Ms. Smith’s 34 years of local government service, highlighting her commitment to continuous improvement, modernization of City operations, online records management, and her thoughtful, principled, dependable, and dedicated approach to public service. She congratulated Ms. Smith on her retirement and wished her well in her next chapter.

Mayor Iverson opened the Public Forum.

Nick Waranoff thanked Ms. Smith for her professionalism, competence, and high-quality work, noting that she consistently treated him with kindness and respect. He wished her well in retirement.

Nick Kosla reflected on his time on the Council beginning in 2018 and the significant challenges the community experienced, including a major incident, the COVID-19 pandemic, the BLM movement, and the resulting curfew. He commended Ms. Smith for remaining steadfast, calm, and in control throughout these difficult periods and noted that she was a dependable point of contact for the community. He also recognized her as one of the best bosses he had encountered during his career.

Amy Worth praised the Council for organizing a reception honoring Sheri Smith and said she had earned her retirement. She recognized Ms. Smith’s calm and effective leadership in navigating the many challenges of the past 10 years, including organizing Zoom meetings during COVID-19. She also highlighted Ms. Smith’s role in convening the monthly Mayors’ Liaison meetings and working with community groups, local officials, and residents both within and outside Orinda. She thanked Ms. Smith for serving the community with grace, warmth, kindness, and openness, and wished her well in retirement.

Sheri Smith, retiring City Clerk, said she is incredibly grateful and honored to have served the City of Orinda, its residents, Mayors, Councilmembers and staff over the last 10 years.

Her heart is full tonight as she stands before everyone. She thanked everyone for making her feel so appreciated and for giving her the privilege of being a part of this wonderful community. When she thinks back on her career over the past 35 years she realized that she attended approximately 3,600 City Council meetings and, of course, that means so much more than simply attending the meeting. It means preparing for them, managing all of the logistics at the meeting, and following up on the actions taken afterward.

After all of these years, she said she is finally ready to hand it over to her successor, new City Clerk Joelle Fockler who is an extraordinary person and so very qualified to step up into this role here in Orinda. She will bring great care, dedication, and professionalism to serving the City of Orinda.

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She also wanted to take the moment to say how much she admires each Councilmember for their time and effort and hard work the Council gives to serve this community on a volunteer basis. They do this all while holding jobs, raising families, and being deeply involved with volunteer work and other organizations throughout the community. It is evident how deeply each Councilmember cares about Orinda and its residents. She has had the privilege of witnessing the commitment first-hand and she very much respects and appreciates each Councilmember.

In retirement, she is looking forward to having more free time to pursue all the things she loves, to enjoy the beautiful City of Orinda that she is so fortunate to call home and to simply have a little more time to enjoy life. She hopes to see everybody around town at community events and perhaps in places where she is no longer carrying a City Council agenda.

Finally, she thanked her wonderful husband, Fred, who has provided his ear, his love, and his unwavering support throughout her time here in Orinda. She thanked everybody here tonight from the bottom of her heart. It has been an incredible honor to serve this City and she will always be grateful for the people and community she has met in making these years so special for her, and she thanked everybody.

F. PUBLIC FORUM
Pamela West also thanked City Clerk Smith and recognized the effective management of the City. She discussed her candidacy for the Contra Costa County Board of Education, Area 2, which includes Orinda, and her prior service on the Orinda Union School District Governing Board.

Ms. West outlined her goals of ensuring students receive a high-quality education and opportunities to reach their full potential. She identified priorities including cybersecurity and AI oversight, support for mandated programs, teacher professional development, effective special education programs, funding advocacy, stronger collaboration between the County and school districts, counseling and health services, early literacy, and math and science programs. She emphasized a collaborative, results-focused approach and expressed appreciation for the community's support of her family and candidacy.

G. COUNCIL REPORTS
Councilmembers Hoxie, Riley, and Vice Mayor Gee had no reports.

Councilmember Malkani reported on a meeting of the County Elections Department and there is one change in mail ballots which will be postmarked when they are processed by the USPS, and she reported on a new restaurant in Theater Square.

Mayor Iverson reported on the Mayors’ Liaison meeting and said September is annual transit month in the Bay Area. Last week was the 25th anniversary of 9-11 and important events remembering those who died and served heroically on that anniversary. This Friday is Miramonte Homecoming. The Classic Car show was held last Saturday and a big success. Parks and Recreation Department’s OIS Soccer this fall had 800 kids signed up which is a new record. The Miramonte Latin Club is number one in the nation of enrollment and their AP’s had a 95% pass rate this past year.

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H. CITY MANAGER’S REPORT
City Manager Smith gave the following report:
• Staff is putting out social media and communications around election signs. There are 13 designated locations for the placement of election signs. They have received a lot of feedback from the community about the signs and asked not to tamper with them. Any concerns with signs should be directed to City Hall. • They had a road closure this week due to a severe accident along Camino Pablo which caused concern about the City’s ability to respond in the event of an evacuation. If there was an evacuation required, they would have not conducted a full investigation and closed the road, as was necessary for this event. She acknowledged Officers Talifaro and Grossman who saved the life of the man who was hit by a vehicle of someone driving under the influence. • October 22nd is Trunk or Treat event and they are close to being sold out. • Thursdays in Orinda is coming up this week. They have Tom and the Broken Hearts performing on Thursday evening, and on October 1st the Free Stone Peaches will perform.
• The City is having to do some repair work. EBMUD is working on a water issue in the Sleepy Hollow neighborhood. There will be notifications going out for next week. There will be water shutoff’s required in order to make this repair and residents will be notified of that water shutoff requirement. • An event called Safe at Scale is coming up on October 29th at the Orinda Theater.

It is a viewing of a show on PBS called “Weathered” and a story about the LA firestorms. There will be an interesting panel discussion following the showing of the 55 minute film. It will include Senator Grayson, Assemblymember BauerKahan, the Director of the movie, the Fire Chief, and talks about wildfire readiness and preparedness, as well as members of the Council.
• There is a parent education night being planned for October 8th and are working in conjunction with OUSD.

Mayor Iverson opened the public comment period, and there were no speakers.

I. CONSENT CALENDAR
Mayor Iverson asked and confirmed there were no items requested to be pulled for discussion and no public comments.

I.1 Adopt Resolution No. 70-26 approving Parcel Map for MS 2026-001 Urban Lot Split at 24 Northwood Drive
The City Council will consider adopting Resolution No. 70-26 approving the Parcel Map for MS 2026-001 Urban Lot Split at 24 Northwood Drive, 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.

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RECOMMENDATION:

Adopt Resolution No. 70-26, Approving Parcel Map for MS 2026-001 Urban Lot Split at 24 Northwood Drive.

I.2 Adopt Resolution No. 72-26 Approving the Downtown Banner Program Policy
The City Council will consider adopting Resolution No. 72-26 approving the Downtown Banner Program Policy. The proposed policy updates the existing banner program to allow the City to continue accommodating private banner displays while prioritizing City banner displays and improving program administration.

RECOMMENDATION:

Adopt Resolution No. 72-26 Approving the Downtown Banner Program Policy.

I.3 Ordinance No. 26-10 Purchasing Agent Authority
On September 1, 2026, the City Council considered potential changes to the City’s purchasing and contracting regulations as a policy matter. Based on the Council’s direction, Staff prepared Ordinance No. 26-10 to clarify the City’s purchasing requirements, establish annual purchasing authority, and increase the City Manager’s purchasing authority from $60,000 to $75,000.

RECOMMENDATION:

Introduce Ordinance No. 26-10 Amending Chapter 2.55 (Purchasing and Contracts), by reading of the title only and waiving further reading.

I.4 Lamorinda Pre-Approved Accessory Dwelling Unit (PADU) Prototype Designs
The City of Orinda, in partnership with the City of Lafayette and the Town of Moraga, is participating in the Senate District 7 ADU Accelerator Program with grant funding of $150,000 ($50,000 per jurisdiction pooled) to develop a shared library of pre-approved ADU (PADU) plans for Lamorinda residents. This report provides an overview of Orinda’s participation in the program and presents a resolution approving four prototype ADU designs to be made available to the public, a required step to satisfy state grant guidelines by September 30, 2026, in order to retain the program's funding.

RECOMMENDATION:

Adopt Resolution 71-26 Approving the Lamorinda Pre-Approved Accessory Dwelling Unit (PADU) Prototype Designs.

I.5 Consider Adoption of Resolution No. 73-26 in Support of Measure W The City Council will consider supporting Measure W, a parcel tax for Acalanes Union High School District.

RECOMMENDATION:

Adopt Resolution No. 73-26 In Support of Measure W for the November 2026 Election
MOTION by Mayor Iverson moved, and seconded by Councilmember Hoxie to approve Consent Calendar Items I.1, I.2, I.3, I.4 and I.5. Said motion carried by unanimous (5-0) vote.

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J. PUBLIC HEARING – None.

K. POLICY MATTERS
K.1 Downtown Precise Plan Work Session
RECOMMENDATION:

Hold the work session and provide direction to Staff regarding Downtown Precise Plan revisions, reopening ConnectOrinda for amendments, and the possibility for a Housing Pool, as well as receive the report on the infeasibility of the Orinda BART station for future housing cycles.

Associate Planner Darin Hughes said the Council is here to hold a work session regarding the potential update and re-adoption of the Downtown Precise Plan (DPP). He will provide a PowerPoint presentation and said the Council will be looking at proposed amendments that would enable the DPP to be adopted with the continued existence of the downtown commercial and business zoning districts in mind. He will present some safety modeling and strategies to ensure the downtown remains vibrant, safe and aligned with the community’s vision.

He reviewed the background of the DPP, discussed proposed administrative amendments, provided an update on the Orinda BART station and staff’s efforts to prepare that site for future Housing Element requirements and touched on a proposed housing pool concept. He also reviewed some Ladris evacuation modeling and discussed updating the ConnectOrinda plan to better align with the City’s future goals.

Staff’s recommendation is to provide direction to staff regarding the proposed scope of work, looking for guidance on the DPP amendments, the reopening of ConnectOrinda and whether the Council has interest in exploring the housing pool concept further. Based on feedback, staff anticipates making a full set of in-depth changes to the DPP and drafting the updated document for future City Council review.

Councilmember Malkani asked how the housing pool concept could encourage additional mixed-use development downtown, particularly given uncertainties surrounding the Gateway and BART sites.

Mr. Hughes said staff could provide a more detailed response but explained that the concept demonstrates the City is open to development and provides a clear pathway for high-quality projects. While it does not significantly alter existing processes, it provides developers with greater certainty. He noted that the Objective Design Standards and DPP clearly communicate the type of development the City seeks and provide developers with defined parameters for submitting projects consistent with the City’s vision.

Mayor Iverson referenced an Oakland Specific Plan that established zoning for individual sites and allowed ministerial development. She noted that Orinda’s DPP is described as a vision document requiring subsequent implementing zoning ordinances and asked whether re-adoption of the DPP would occur without immediately adopting those ordinances, leaving individual sites to pursue separate zoning. Mr. Hughes confirmed this was correct.

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Mayor Iverson explained that she originally proposed the housing pool concept as a mechanism to provide a ministerial development pathway, including reliance on the existing EIR for an initial allocation of housing units. She expressed concern that the proposed housing pool would not provide these benefits and would instead be largely symbolic, with individual sites still requiring discretionary zoning. Mr. Hughes confirmed her understanding.

Councilmember Hoxie questioned the purpose of re-adopting the DPP following its suspension as part of the OCLLC settlement, particularly without implementing zoning.

She noted that the City can approve project-specific zoning at any time and sought clarification on what the City intended to accomplish by reintroducing the DPP. Having participated in the settlement negotiations, she emphasized the importance of not backsliding and acknowledged the evacuation component while seeking further justification for the DPP at this time.

City Manager Smith explained that Staff is bringing the DPP back because the Council previously directed them to do so after completing related implementation work, including Housing Element zoning and Objective Design Standards. Staff also wanted to reassess the DPP because the existing version no longer reflects developments and policy changes from the past several years.

She said that if the Council still wants a policy framework expressing its vision for downtown, the necessary Housing Element zoning is already in place, although additional zoning could be adopted if desired. The DPP could instead serve primarily as a policy and market signal that the City supports downtown revitalization, including development, beautification, and creek-related policies that would need to be incorporated and readopted.

Councilmember Hoxie said she wants to make sure doing this at this time does not conflict with any of the mitigation measures taken as part of the settlement with OCLLC. City Attorney Osa Wolff confirmed that she could not think of any inconsistency.

Vice Mayor Gee said she remained unclear about the purpose of the housing pool and DPP given the significant changes in State housing laws since the original DPP was developed. She asked whether other jurisdictions have recently undertaken similar planning efforts to support economic revitalization and whether Orinda would be establishing a new approach given current State laws and the OCLLC settlement.

City Manager Smith explained that, unlike regulatory Specific Plans, the DPP is intended to establish and communicate policy direction and signal the City’s interests to the development community. She noted that other jurisdictions use similar master plans and policy documents to identify desired investments and development priorities, providing greater clarity and reducing uncertainty for potential developers.

Mr. Hughes reiterated that the DPP is a comprehensive downtown visioning document that consolidates existing policies, development considerations, and the City’s long-term vision, including the creek, power lines, setbacks, and desired development scale. He emphasized that it is intended to support future decision-making and communicate the City’s interest in downtown revitalization, but is not regulatory or intended to establish specific development requirements.

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Vice Mayor Gee questioned whether the document should be renamed to reflect its broader visioning purpose. City Manager Smith confirmed that the Council could modify both its name and scope.

Councilmember Riley asked whether housing units established through the proposed housing pool would count toward the City’s RHNA obligations. Mr. Hughes clarified that units actually produced could be reported to HCD as production during the current cycle or receive credit in the next cycle if still under development. City Manager Smith clarified that these would be reported as production numbers and would not reduce the City’s approximately 1,300-unit RHNA obligation, although the City would receive some credit for production.

Mr. Hughes added that, independent of the housing pool, future downtown redevelopment could provide case studies supporting the City’s demonstration of redevelopment potential in future Housing Element cycles. He noted that the 26 downtown Housing Element sites required justification to HCD and that successful redevelopment projects could help demonstrate the feasibility of development on additional sites in future cycles.

Councilmember Hoxie identified PG&E transmission poles, particularly near the Rite Aid site, as a significant impediment to downtown development. She asked whether the City could explore options for relocating the poles, noting the potential impact on downtown development and the BART station area.

City Manager Smith explained that the lines are high-voltage transmission facilities and would be expensive to relocate. The City would need to evaluate the cost-benefit of any potential relocation and noted that PG&E would not likely want to incur the cost. She said she has an upcoming meeting with PG&E and would raise the issue.

Mayor Iverson opened the Public Forum.

Nick Waranoff said the power-line issue was extensively evaluated during the Housing Element process, including alternatives, and concluded that there was insufficient easement capacity to reroute the lines around Safeway and along Camino Pablo.

He identified two broader concerns. First, he said it was premature to address additional housing requirements for the seventh Housing Element cycle, noting that any additional units could be addressed at that time. Second, he questioned whether the City should pursue housing beyond State-mandated requirements, citing the City’s certified EIR findings regarding significant adverse evacuation impacts from additional downtown housing.

Mr. Waranoff also questioned the scope of the Ladris evacuation study, stating that it focused on areas adjacent to the freeway and did not include Zone 005 or other areas of South Orinda along Moraga Way. He noted that the Housing Element rezonings were adopted less than a year ago and approximately 30–40 sites now have ministerial approval, arguing that these sites should be given time to develop before adding another 200 units. He further asserted that the proposed housing cap is unlawful and would likely result in litigation if adopted.

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Nick Kosla said relocating the power lines would require undergrounding along Camino Pablo at an estimated cost of $100 million while creating approximately 10 additional acres of land, making the project financially impractical.

Regarding the Specific Plan, he estimated a cost of approximately $100,000 and expressed concern that it could expose the City to additional litigation. He recommended continuing with the DPP and having staff engage directly with developers, including Branagh, Summerhill Homes, Shea Homes, and The Address Company, to review the DPP and zoning and obtain feedback on potential development opportunities. He suggested this outreach would require primarily staff time and could help determine developer interest, noting that the DPP may not be widely known within the development community.

Mayor Iverson asked for Council deliberation and feedback.

Councilmember Malkani expressed support for the DPP as a policy and signaling document, noting the quality of the original plan and suggesting it could be strengthened through updated amendments, wildfire modeling, and mitigation measures. She said additional study is needed regarding the housing pool concept, the value of development signaling, and potential alternatives, and requested a longer study session.

Councilmember Hoxie agreed that additional discussion is needed to determine the City’s current vision for downtown. She thanked staff for bringing the matter forward but said she did not believe the Council was ready to address it that evening.

Vice Mayor Gee echoed the comments and supported seeking input from developers regarding factors that would encourage investment in Orinda.

Councilmember Riley supported having a visionary policy statement and acknowledged the extensive work underlying the existing DPP. However, she said she was not ready to adopt the updated document and wanted additional review of its new elements. She also expressed little interest in pursuing the housing pool concept and supported obtaining feedback from the development community.

Mayor Iverson said she no longer supports the housing pool concept after determining it would not accomplish its intended purpose and supported removing it from further consideration. She emphasized the extensive community engagement and consultant work that went into the original DPP, including Town Halls, the ULI TAP Panel, and ConnectOrinda, and noted that the DPP was developed as a broader downtown vision rather than a housing or zoning plan. She highlighted the importance of the Objective Design Standards, creek vision, and ConnectOrinda concepts in establishing the community’s long-term vision for downtown.

Councilmember Malkani thanked the Mayor for the additional context and supported holding another study session. Mayor Iverson agreed and confirmed direction to the City Manager to conduct outreach to the development community regarding the draft DPP and return to the Council for a more comprehensive study session and discussion.

L. MATTERS INITIATED – None.

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M. ADJOURNMENT
The Regular Meeting was adjourned to a reception for City Clerk Smith’s retirement at approximately 8:33 p.m. and, thereafter, to the next Regular City Council Meeting on Tuesday, October 06, 2026 at 7:00 p.m.
______________________________
Joelle Fockler, MMC, City Clerk
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: October 6, 2026
SUBJECT:

Adopt Ordinance No. 26-10 – Purchasing Agent Authority
EXECUTIVE SUMMARY:

The City Council will consider adoption of Ordinance No. 26-10 to clarify the CIty’s purchasing requirements, establish annual purchasing authority, and increase the City Manager’s purchasing authority from $60,000 to $75,000.

RECOMMENDATION:

Adopt Ordinance No. 26-10 clarifying the City’s purchasing requirements, establishing annual purchasing authority, and increasing the City Manager’s purchasing authority from $60,000 to $75,000.

BACKGROUND:

At the September 15, 2026, City Council meeting, the City Council introduced Ordinance No. 26-10, An Ordinance Amending Title 2 of the Orinda Municipal Code (Administration and Personnel) to Make Amendments to Chapter 2.55 (Purchasing and Contracts).

DISCUSSION:

Ordinance No. 26-10 was introduced at that meeting without changes and is on this agenda to consider its adoption.

FISCAL IMPACT:

None.

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENT:

A. Ordinance No. 26-10
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WEBLINK:

A. Staff Report from September 15, 2026, City Council meeting Respectfully Submitted by,

Joelle Fockler, MMC, City Clerk
Approved By:

Linda Smith, City Manager
Item I.2
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Ordinance No. 26-10

1 Attachment A
ORDINANCE NO. 26-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORINDA
AMENDING TITLE 2 OF THE ORINDA MUNICIPAL CODE (ADMINISTRATION AND PERSONNEL) TO MAKE AMENDMENTS TO CHAPTER 2.55 (PURCHASING AND

CONTRACTS)
The City Council of the City of Orinda DOES ORDAIN as follows:

SECTION 1.

The City Council of the City of Orinda intends, by adopting this ordinance, to amend Chapter 2.55 (Purchasing and Contracts) These changes are intended to establish an annual purchasing authority for the City Manager, expand the definition of “general services”, define “substantially similar goods or services” and increase the City Manager’s purchasing authority from $60,000 to $75,000.

SECTION 2.

The following portions of the Municipal Code are amended, added, and deleted as specified below and in Exhibit A. Exhibit A shows additions with double-underlined text and deletions with strike-out text.

SECTION 3.

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.

Municipal Code Provision Action as shown in Exhibit A
§2.55.020 Text Amended
§2.55.040 Text Amended
§2.55.050 Text Amended
§2.55.080 Text Amended
§2.55.090 Text Amended
§2.55.105 Text Amended
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Ordinance No. 26-10

2 SECTION 4.

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

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

SECTION 6.

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

The foregoing ordinance was introduced at a meeting of the City Council of the City of Orinda held on September 15, 2026, and was adopted and ordered published at a regular meeting held on October 6, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
_____________________
Brandyn Iverson, Mayor
ATTEST:
__________________________
Joelle Fockler, MMC, City Clerk
Exhibit A: OMC Title 2 Text Deletions and Amendments

Item I.2
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Ordinance No. 26-10

3 Exhibit A

2.55.020 Definitions.

For the purposes of this chapter, the words set out in this section shall have the following meanings:

G. "General services" means and includes any work performed or services rendered by an independent contractor, with or without the furnishing of materials, including, but not limited to, the following:

1. Maintenance or nonstructural repair of city buildings, structures or improvements which does not require engineering plans, specifications or design, including, but not limited to, unscheduled replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, plumbing, HVAC maintenance; elevator maintenance, custodial services and pest control, etc.;

2. Repair, modification and maintenance of city equipment and software;

3. Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of city supplies and equipment;

4. Replanting, care or maintenance of public grounds, including, but not limited to, maintenance of trees, shrubbery, flowers, and lawns;

5. Providing temporary personnel services through an agency;

6. Providing other miscellaneous services to facilitate city operations;

7. Performing repair, demolition or other work required to abate nuisances under this code;

8. Licensing software services;

9. Leasing or rental of equipment (personal property) for use by the city;

10. Maintenance of equipment owned or leased by the city.

11. All other items not already listed under “general services” or another definition in this section, chapter 2.55.020
"General services" does not include consultant or professional services, or work associated with a public project.

2.55.040 Purchasing Agent designated.

The City Manager is designated as Purchasing Agent. The Purchasing Agent may delegate all or a portion of the contracting or purchasing duties to any city staff member.

The Purchasing Agent shall have the authority to:

A. Contract for or procure public projects consultant or professional services, general services, supplies and equipment required by the city, in accordance with purchasing procedures outlined in this chapter;
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Ordinance No. 26-10

4 B. Negotiate and recommend execution of contracts for the purchase of public projects, consultant or professional services, general services, supplies and equipment;
C. Act to procure for the city the necessary quality in public projects, consultant or professional services, general services, supplies and equipment at the lowest cost to the city;
D. Establish and maintain such administrative procedures as are reasonably necessary for the operation of this chapter;
E. Pursuant to Section 2.55.150, arrange the sale or disposal of all supplies and equipment which cannot be used by the city, or which have become unsuitable for city use;
F. Join with other governmental agencies in joint purchasing endeavors where the purchasing procedures conform to the provisions of this chapter and state law.

2.55.050 Purchasing Agent authority for contracts and purchases—Less than sixty thousand dollars ($60,000.00).

A. The Purchasing Agent is authorized to enter into a contract on behalf of the city and approve a purchase by the city without the prior approval of the City Council, so long as the contract or purchase satisfies each of the following conditions:

1. The total cost is less than sixty thousand thousand dollars ($60,000.00). The total amount paid or payable for contract or purchase, including all amendments and change orders, does not exceed seventy-five thousand dollars ($75,000).

This limit applies cumulatively to multiple contracts or purchases with the same person or entity for the same or substantially similar goods, services, equipment, supplies, or public project work. This authorization includes contracts for consultant or professional services, general services, supplies and equipment services that are ongoing in nature, spanning multiple fiscal years, so long as no such contract involves an expenditure of more than seventy-five thousand dollars ($75,000) in any single fiscal year.

For purposes of this section, goods, services, equipment, supplies, or public project work are “the same or substantially similar” when they serve the same or a closely related purpose, are associated with the same project or operational requirement, constitute the same general type or category of purchase, or could reasonably have been procured together from the same group of potential vendors. Purchases need not be identical to be substantially similar.

Separate purchases may be evaluated independently when they are separately identifiable and independently necessary and have materially different scopes, deliverables, objectives, technical requirements, uses, or potential vendor markets. Purchases shall not be considered separate when they are interdependent, components or phases of the same project or requirement, or were divided or separately structured to avoid an approval threshold or procurement requirement.

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5 Contracts or purchases shall not be divided, phased, separately contracted, separately invoiced, or otherwise structured for the purpose of avoiding the approval thresholds or procurement requirements of this chapter.

2. The monies have been appropriated in a Budget duly adopted by the City Council and there is an unexpended unencumbered balance of such appropriation sufficient to pay the expense of the contract, and the appropriate procurement procedures have been followed.

3. The contract or purchase is for consultant or professional services, general services, supplies, equipment or public project.

B. In an emergency the Purchasing Agent may authorize the expenditure of any unencumbered monies, notwithstanding the fact that such monies may not have been appropriated for such purpose, to the extent that said emergency funds are available and can be legally spent for the purchase and/or contract.

1. If the emergency expenditure is pursuant to an emergency declared by the Federal government and for which the City may receive Federal grant funds, the Purchasing Agent shall comply with applicable procurement standards in the Code of Federal Regulations, title 2, Part 200.

2. Further, a public project that is an emergency shall also comply with California Public Contract Code Chapter sections 22035 and 22050.

C. When approving contracts and purchases, the City Council may, by resolution, delegate authority to the Purchasing Agent that exceeds the authority described in this chapter.

2.55.080 Contracts and purchases of general services, supplies, and equipment— Greater than or equal to ten thousand dollars ($10,000.00) and less than sixty seventy-five thousand dollars ($6075,000).

A. For purchases of general services, supplies and equipment greater than or equal to ten thousand dollars ($10,000.00) and less than sixty seventy-five thousand dollars ($6075,000.00) every reasonable effort shall be made to obtain at least three quotations. Negotiated pricing is allowed.

1. For purchases greater than or equal to ten thousand dollars ($10,000.00) and less than twenty thousand dollars ($20,000.00), the quotations may be verbal or written.

2. For purchases greater than or equal to twenty thousand dollars ($20,000.00) and less than sixty seventy-five thousand dollars ($6075,000.00), the quotations shall be in writing, which writings may include facsimile and electronic mail transmissions.

B. Quotations with the required documentation shall be available for review by the Purchasing Agent or his/her designee. The purchase of any general services, supplies and equipment greater than or equal to ten thousand dollars ($10,000.00) and less than sixty seventy-five thousand dollars ($6075,000.00) shall be made from Item I.2
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6 the vendor that submits the lowest total cost and is consistent with the factors stated in Section 2.55.060.

C. At the discretion of the Purchasing Agent, the competitive bidding procedure set forth in Section 2.55.090 may be used for any acquisition of general services, supplies and equipment, regardless of the value.

2.55.090 City Council authority for contracts and purchases—Greater than or equal to sixty seventy-five thousand dollars ($6075,000.00)—Competitive bidding.

City Council approval shall be required to authorize the contract for or purchase of general services or supplies and equipment with a cost greater than or equal to sixty seventy-five thousand dollars ($6075,000.00); and such purchases shall comply with the competitive bidding procedure set forth in this section, unless the City Council approves an exception pursuant to Section 2.55.100.

A. Notices inviting bids shall include a general description of the services and/or articles to be purchased or sold, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether a bid deposit or bond and a faithful performance bond will be required.

B. Notices inviting bids shall be posted on the City website and may also be advertised by other means of public posting, at least fourteen (14) calendar days before the date of opening the bids.

C. The Purchasing Agent shall solicit sealed bids from all responsible prospective suppliers whose names are on a City bidder's list and may advertise the notice inviting bids in applicable publications and websites readily accessible to the public.

D. Bids shall be opened in public at the time and place stated in the public notices.

A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.

E. At its discretion, the City Council may reject all bids presented and re-advertise for bids.

F. At its discretion the City Council shall have the right to waive any defect or informality in the bidding or in the procedures set forth in this section. Unless provided by law, no defect or informality shall void any contract entered into.

G. Contracts shall be awarded by the City Council to the lowest responsive, responsible bidder, except as otherwise provided herein.

H. If two or more bids received from responsible bidders are for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor, or the City Council may accept the lowest bid made by negotiation with the tie bidders and the Purchasing Agent at the time of the bid opening.

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Ordinance No. 26-10

7 2.55.105 Contracts for consultant or professional services.

A. Consultant or Professional Services: Contracts or purchases involving the acquisition of consultant or professional services are exempt from competitive bidding; however, the procurement of such services shall be awarded on the basis of demonstrated competence and professional qualifications for the satisfactory performance of the services required and the reasonableness of the cost of services subject to the following:

1. Contracts or purchases involving the acquisition of consultant or professional services greater than or equal to sixty seventy-five thousand dollars ($6075,000.00) will require City Council approval.

2. With respect to contracts for or procurement of professional services from private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms, the Purchasing Agent shall establish administrative procedures to assure that such services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices in compliance with Government Code Section 4526 or its successor.

3. The Purchasing Agent may utilize a request for quotation or request for proposal, to ensure the services are matched with the needs of the city.

Item I.2
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: October 6, 2026
SUBJECT:

Accept Work and Contract with Miksis Services Inc. as Complete for the Annual Storm Drain Repair Project (Category B) (CIP #5008 and #5009) EXECUTIVE SUMMARY:

The City Council will consider adopting a Resolution accepting the work for the Annual Storm Drain Repair Project (Category B) (CIP #5008 and #5009). The project included repairing eight pipes at six locations. The repairs primarily used trenchless construction methods by lining the CMP’s with PVC liners. One location was repaired by slip lining with solid HDPE DR17 pipe.

RECOMMENDATION:

Adopt a Resolution Accepting the Work and Contract with Miksis Services Inc. as Complete for the Annual Storm Drain Repair Project (Category B) (CIP #5008 and #5009).

BACKGROUND:

The City developed a Storm Drain Repair Plan in 2019, which identified pipes that require repairs due primarily to deterioration of corrugated metal pipes (CMP). The pipes were prioritized for repair in two categories, A and B. The Category A pipes are large diameter pipes under arterial and collector roads that were judged to require replacement in three to five years’ time. All the Category A pipes were programmed in the Capital Improvement Plan (CIP). Most of the pipes have been repaired and the remaining ones are scheduled to be completed in summer 2026. Category B pipes are smaller diameter pipes that were judged to require replacement in five to 10 years’ time.

The Category B pipes are programmed as part of annual pavement rehabilitation projects or as separate annual repair projects, which are included in the CIP. With each annual project, the City generally works down the priority list to repair such storm drains. The subject work combines two years’ worth of Category B projects, #5008 (“2024 Annual Category B Storm Drain Repairs”) and #5009 (“2025 Annual Category B Storm Drain Repairs”). Certain pipes required additional evaluation through CCTV internal inspection which delayed the 2024 project, and Staff determined it would be more efficient to combine both years projects into one contract. The work consisted of repairing eight pipes at six locations. The repairs primarily used trenchless construction methods by lining the CMP’s with PVC liners. One location was repaired by slip lining with solid HDPE Item I.3
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DR17 pipe, as approved by Contract Change Order No. 2, which eliminated the need for open trench pipe replacement and did not require a new manhole as originally planned.

The Project was advertised for bids on July 15, 2025, and bids were opened on August 12, 2025. Four bids were received on August 12, 2025. On August 19, 2025 the City Council awarded the construction contract to Miksis Services Inc. as the lowest responsive and responsible bidder and recommended that the contract be awarded to them for $408,510. Staff recommended a 25% contingency ( $101,490) which allowed expenditures up to $510,000. The construction contract was fully executed on September 9, 2025.

DISCUSSION:

A Notice to Proceed was issued to Miksis Services Inc. on November 19, 2025, and the Project reached substantial completion on September 10, 2026, in accordance with the approved plans and specifications. There were delays at the start of the project due to a bonding issue, and work was paused to redesign one of the locations to utilize a slip line pipe rather than open trench replacement. This location (on Robert Rd.) also required extensive discussion with the adjacent property owner, so that the City could include the private portion of the storm drain pipe in the repairs. The owner agreed to contribute funding for the work and signed necessary agreements with the City stipulating the pipe will remain private on their land.

During construction, two Contract Change Orders (CCOs) were issued. There was no change in quantities, so the two CCO’s increased the final construction contract amount to $453,163, which was below the maximum authorized contract amount of $510,000.

No liquidated damages were assessed.

Staff has inspected the completed work and determined that the Project was constructed in substantial conformance with the approved plans, specifications, and contract documents. Staff therefore recommends that the City Council formally accept the Project improvements.

FISCAL IMPACT:

CIP #5008 and #5009 are included in the approved Capital Improvement Program (CIP), and sufficient funding is available to cover all project expenditures. Total project cost, including design and construction management performed by City staff, is approximately $453,163. Funding is provided by Fund 106, Measure R Add-on sales tax.

STRATEGIC PLAN INITIATIVE:

2. Infrastructure Strategy and Improvement
a) Complete Category A improvements as part of the Storm Drain Repair Plan and shift focus to Category B pipes programmed annually in the Capital Improvement Program.

Item I.3
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ATTACHMENTS:

A. Resolution XX-26. Work and Contract with Miksis Services Inc.

B. NOC - Complete for the Annual Storm Drain Repair Project (Category B) (CIP #5008 and #5009)
Prepared by: Ryan O’Kane, Senior Civil Engineer
Respectfully Submitted by,
Scott Christie
Director of Public Works and Engineering
Approved By:

Linda Smith, City Manager
Item I.3
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Resolution No. XX-26 1
Attachment A
RESOLUTION NO. XX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
ACCEPTING THE WORK AND CONTRACT WITH MIKSIS SERVICES INC. AS

COMPLETE FOR THE ANNUAL STORM DRAIN REPAIR PROJECT (CATEGORY B) (CIP #5008 AND #5009)
WHEREAS, on August 19, 2025, the City Council awarded a construction contract to Miksis Services Inc in the amount of $408,510 and authorized a 25% construction contingency to complete the Annual Storm Drain Repair Project (Category B) (CIP #5008 and #5009); and
WHEREAS, Miksis Services Inc. completed the work in accordance with the construction contract documents; and
WHEREAS, the completed work consisted of repairing eight storm drain pipes at six locations using trenchless rehabilitation methods; and WHEREAS, the six locations in Orinda were in the vicinity of 24 & 28 Robert Road, 222 Hall Drive, 21 Moraga Via, 50 Donna Maria Way, 115 & 119 Moraga Way, and 7 Calvin Drive; and
WHEREAS, the Director of Public Works recommends acceptance of the Project as complete.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda hereby accepts the work and contract with Miksis Services Inc., under the terms and conditions of the above-referenced construction contract documents.

Adopted by the City Council of the City of Orinda at a regular meeting on October 6, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Brandyn Iverson, Mayor
________________________________
Joelle Fockler, MMC, City Clerk
Item I.3
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RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:

City Clerk/Public Works Dept.

City of Orinda
22 Orinda Way
Orinda, CA 94563

NO FEE DOCUMENT
(Government Code section 27383)
TITLE:

Notice of Completion for
Annual Storm Drain Repair Project (Category B) (CIP #5008 and #5009) (Miksis Services, Inc.)
NOTICE IS HEREBY GIVEN by the undersigned, those certain improvements, to wit:

Annual Storm Drain Repair Project (Category B) (CIP #5008 and #5009), at six locations in Orinda in the vicinity of 24 & 28 Robert Road, 222 Hall Drive, 21 Moraga Via, 50 Donna Maria Way, 115 & 119 Moraga Way, and 7 Calvin Drive.

Project location is in the City of Orinda, Contra Costa County, California:

Property Owner: Interest in Property or Right of Way is owned by City of Orinda, as right-of-way.

The contract which has heretofore been let to Miksis Services, Inc. and which contract was filed for record in the City Clerk’s office in the City of Orinda, Contra Costa County, California, was completed in accordance with the plans and specifications, and the work was completed and accepted by the City of Orinda, on October 6, 2026.

Information pertaining to the estimate of cost, names of bidders with prices bid, changes in adopted and approved plans and specifications, and the total cost of work is on file at the City Clerks’ office of the City of Orinda.

CITY OF ORINDA,
a municipal corporation
Date: ________________ By: ____________________________________ Scott Christie, PW Director
City of Orinda
22 Orinda Way
Orinda, CA 94563
I hereby certify, under penalty of perjury, that the above Notice of Completion was duly accepted by the City Council of the City of Orinda at a regular meeting thereof held on 10/6/2026. ______________________________
Joelle Fockler, MMC, City Clerk
Attachment B
Item I.3
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: October 6, 2026
SUBJECT:

Renaming California Shakespeare Theater Way to Siesta Valley Way EXECUTIVE SUMMARY:

The City Council will consider a request from the operators of the Siesta Valley Bowl to change the name of the street connecting to their venue from California Shakespeare Theater Way to Siesta Valley Way to reflect the change in entity operating the facility.

Adoption of the attached resolution will formally approve the proposed name and is an important part of the process needed to coordinate and implement the street name change.

RECOMMENDATION:

Adopt a Resolution Renaming California Shakespeare Theater Way to Siesta Valley Way.

BACKGROUND:

On May 21, 1996, the City Council adopted Resolution No. 26-96, changing the name of Gateway Boulevard north of Highway 24 to Shakespeare Festival Way. In 2008, the City Council adopted Revised Resolution No. 43-08, changing Shakespeare Festival Way to California Shakespeare Theater Way to reflect the then-current name of the theater.

Siesta Valley Bowl has requested the City's assistance in changing the street name to Siesta Valley Way. The proposed name reflects the property's current identity and will provide a consistent name for the roadway going forward.

DISCUSSION:

The attached Resolution approves the name Siesta Valley Way and authorizes the City Manager, or designee, to take the actions necessary to assist with and implement the change. Adopting the Resolution is an important part of the renaming process and will allow staff to coordinate the change with Contra Costa County and other appropriate agencies, service providers, and mapping services.

Staff recommends adoption of the Resolution so that the remaining administrative and implementation steps can proceed.

Item I.4
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FISCAL IMPACT:

There is no current cost associated with the name change or the adoption of this resolution.

STRATEGIC PLAN INITIATIVE:

None.

ATTACHMENTS:

A. Resolution - Siesta Valley Way
Respectfully Submitted by,
Assistant to the City Manager, Cole Haselip
Approved By:

Linda Smith, City Manager
Item I.4
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Resolution No. xx-26 1
Attachment A
RESOLUTION NO. XX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

RENAMING CALIFORNIA SHAKESPEARE THEATER WAY TO SIESTA VALLEY WAY
WHEREAS, Siesta Valley Bowl has requested the City's assistance in changing the name of California Shakespeare Theater Way to "Siesta Valley Way"; and
WHEREAS, changing the street name to Siesta Valley Way will reflect the property's current identity and provide a consistent name for the roadway; and WHEREAS, adoption of this Resolution is an important step in the process of implementing the requested street name change and coordinating the change with the appropriate public agencies and service providers; and WHEREAS, Government Code section 34091.1 authorizes a city council, by resolution, to adopt or change the name of a city street; and WHEREAS, on October 6, 2026, the City Council considered the proposed street name change at a duly noticed public meeting and considered all written and oral comments received.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby approve changing the name of California Shakespeare Theater Way to "Siesta Valley Way" and authorizes the City Manager, or designee, to take the actions necessary to assist with and implement the name change, including coordinating with Contra Costa County and other appropriate agencies, service providers, and mapping services.
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Item I.4
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Resolution No. xx-26 2
Adopted by the City Council of the City of Orinda at a regular meeting on October 6, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
___________________________
Brandyn Iverson, Mayor
ATTEST:
________________________
Joelle Fockler, MMC, City Clerk

Item I.4
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: October 6, 2026
SUBJECT:

Sidewalk Vending Permit Fees
EXECUTIVE SUMMARY:

The City Council will consider the creation of sidewalk vending permit fees based on the staff time needed to administer the program associated with the implementation of Ordinance No. 26-09. Adoption of the attached resolution will establish a $45 initial application fee and a $25 annual renewal fee.

RECOMMENDATION:

Adopt a Resolution Establishing Sidewalk Vending Permit Fees.

BACKGROUND:

On September 1, 2026, the City Council adopted Ordinance No. 26-09 updating Orinda’s Municipal Code to align with California law, which allows sidewalk vending while permitting cities to impose certain health, safety, and welfare regulations. It requires vendors to obtain a City permit and sets rules for where and how they may operate, including standards for pedestrian clearance, vending near intersections and other sensitive locations, sanitation, and vending in parks. It also updates related code provisions and establishes administrative fines for violations.

DISCUSSION:

Ordinance No. 26-09 authorizes the City Council to establish sidewalk vending permit fees through the City’s Master Fee Schedule. The attached resolution establishes a $45 initial application fee and $25 annual renewal fee which are intended to reflect the staff time reasonably required to process and administer the permits.

FISCAL IMPACT:

Collected fees will be added to general fund revenues which support general city operations.

STRATEGIC PLAN INITIATIVE:

None
ATTACHMENTS:

A. Resolution Establishing Sidewalk Vending Permit Fees Item I.5
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WEBLINK(S):

None
Respectfully Submitted by,
Assistant to the City Manager, Cole Haselip
Approved By:

Linda Smith, City Manager
Item I.5
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Attachment A
RESOLUTION NO. XX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

ESTABLISHING SIDEWALK VENDING PERMIT FEES
WHEREAS, Ordinance No. 26-09 enacts Chapter 5.34 of the Orinda Municipal Code to establish a sidewalk vending permit program; and WHEREAS, Section 5.34.040 of the Orinda Municipal Code provides for a sidewalk vending permit processing fee established by the City Council as part of the City’s Master Fee Schedule; and
WHEREAS, the City has estimated the staff time reasonably required to process initial applications and annual renewals; and
WHEREAS, the proposed fees are intended to recover the associated administrative costs without exceeding the reasonable cost of providing those services.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orinda hereby establishes a fee of $45 for an initial sidewalk vending permit application and $25 for an annual sidewalk vending permit renewal, which will be incorporated into the City’s Master Fee Schedule.

Adopted by the City Council of the City of Orinda at a regular meeting on October 6, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________
Brandyn Iverson, Mayor
ATTEST:
__________________________
Joelle Fockler, City Clerk
Item I.5
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: October 6, 2026
SUBJECT:

Approve Plans, Award a Construction Contract to GradeTech, Inc. and Authorize a Contingency for the Orinda Community Park Project (CIP No. 4112) EXECUTIVE SUMMARY:

The City Council will consider adopting a Resolution approving the plans for the Orinda Community Park Project (CIP No. 4112), awarding a construction contract to GradeTech Inc. of Livermore, California in the amount of $174,374.50, and authorizing a contingency for the contract.

RECOMMENDATION:

Adopt a Resolution approving the plans for the Orinda Community Park Project (CIP No. 4112), awarding a construction contract to GradeTech Inc. of Livermore, California in the amount of $174,374.50, and authorizing a contingency for the contract.

BACKGROUND:

The Orinda Community Park Master Plan (CIP Project No. 4112) was approved by the City Council in June 2018 and provides for improvements to the Park’s accessibility, restrooms, play areas, bandshell, picnic areas, pathways, lighting, and landscaping. The original Master Plan was estimated to cost approximately $5 million in construction costs, excluding design and construction management.

In April 2025, the City Council directed Staff to phase the Master Plan improvements over time. In response to this direction, Staff evaluated the Master Plan and established a phased CIP budget plan. The first phase focuses on ADA accessibility improvements, parking improvements and a simplified restroom upgrade, based on the funding currently available in CIP Project No. 4112.

Item I.6
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Consistent with City Council’s direction, Staff proceeded with the Phase 1 improvements and developed plans and specifications for the accessibility and parking improvements.

The restroom improvements have been completed, and the remaining Phase 1 improvements are progressing in accordance with the project schedule.

DISCUSSION:

Approval of Project Design
City Council approval of the construction plans (Attachment A) is recommended, in accordance with design immunity defense requirements listed under California Government Code Section 830.6.

Bid Evaluation
The project was advertised for bids on August 26, 2026, with an Engineer’s Estimate of $240,000. On September 22, 2026, 18 bids were received. Following the bid opening, Staff conducted a detailed review of the bid documents to verify responsiveness and confirm the accuracy of bid calculations. GradeTech Inc. of Livermore, California is the lowest responsive and responsible bidder with a bid amount of $174,374.50.

The bids received are summarized below:

Bidders Bid
1 GradeTech $ 174,374.50
2 Aperia $ 203,877.00
3 Cowan & Thompson $ 227,529.25
4 Silicon Paving $ 231,995.25
5 Frontline $ 235,625.31
6 Mission Constructors $ 236,467.50
7 Modernscapes $ 263,160.00
8 Kerex $ 269,000.00
9 NC Builders $ 285,000.00
10 Guerra Construction $ 285,315.00
11 Pridex $ 297,386.40
12 Bay Construction $ 298,989.00
13 Lingum Mellis $ 299,140.00
14 Ram-Com $ 302,739.00
Item I.6
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15 Xeela Engineering $ 319,500.00
16 Globe Engineering $ 321,055.00
17 Beliveau Engineering $ 321,140.00
18 RioCon $ 359,789.00
NEXT STEPS:

If the City Council adopts the Resolution, Staff will begin working with selected contractor on the timing of starting the project. Information that results in changes to the Park’s use will be communicated to the public.

FISCAL IMPACT:

The proposed construction contract with GradeTech Inc. in the amount of $174,374.50, together with the recommended contingency (which would allow a maximum contract value of $218,000), will be funded through the approved budgets for the Orinda Community Park Project (CIP No. 4112).

Sufficient funding is available within the adopted Capital Improvement Program. Funding sources include Park Dedication Fees (Fund 240), State Grants (Fund 260), and Capital Improvement Funds (Fund 700).

STRATEGIC PLAN INITIATIVE:

None.

ATTACHMENTS:

A. Resolution approving the plans for the Orinda Community Park Project (CIP No. 4112), awarding a construction contract to GradeTech Inc. of Livermore, California in the amount of $174,374.50, and authorizing a contingency for the contract.

B. Orinda Community Park Project Plans
Prepared by: Ha Nguyen, Senior Engineer
Respectfully Submitted by,
Scott Christie
Public Works Director
Item I.6
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Approved By:

Linda Smith, City Manager
Item I.6
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Resolution No. XX-26 1
RESOLUTION NO. XX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

APPROVE PLANS, AWARD A CONSTRUCTION CONTRACT TO GRADETECH, INC., AND AUTHORIZE A CONTINGENCY FOR THE ORINDA COMMUNITY PARK PROJECT (CIP NO. 4112)
WHEREAS, the City Council of the City of Orinda (“City”) approved the Orinda Community Park Master Plan (CIP Project No. 4112) in June 2018, which provides for improvements to the Park’s accessibility, restrooms, play areas, bandshell, picnic areas, pathways, lighting, and landscaping; and
WHEREAS, in April 2025, the City Council directed Staff to phase implementation of the Master Plan improvements over time to align the project scope with available funding; and
WHEREAS, Staff has completed the plans and specifications for the Phase 1 accessibility and parking improvements; and
WHEREAS, the City advertised the Orinda Community Park Project (CIP No. 4112) for competitive bids on August 26, 2026, with an Engineer’s Estimate of $240,000; and
WHEREAS, bids were opened on September 22, 2026, and eighteen (18) bids were received and evaluated; and
WHEREAS, GradeTech, Inc. is the lowest responsive and responsible bidder, with a bid of $174,374.50; and
WHEREAS, approval of the plans and specifications by the City Council is appropriate to support the City’s ability to assert the design immunity defense provided by California Government Code Section 830.6.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby:

1. Approve the plans for the Orinda Community Park Project (CIP No. 4112);

2. Award a construction contract to GradeTech, Inc., of Livermore, California, in the amount of $174,374.50; and

3. Authorize the City Manager to approve change orders, if justified, up to 25% of the base contract amount, allowing a maximum contract amount of $218,000.

Attachment A Item I.6
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Resolution No. XX-26 2
Adopted by the City Council of the City of Orinda at a regular meeting on October 6, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

___________________
Brandyn Iverson, Mayor
__________________________
Joelle Fockler, MMC, City Clerk
Item I.6
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VAN
COPYRIGHT © BKF ENGINEERS 2026 10 ORINDA COMMUNITY PARK APN 260-200-005 28 ORINDA WAY, ORINDA, CA 94563 C 87397 NABIL RASHED BKF ENGINEERS 160 W. SANTA CLARA STREET SUITE 800 SAN JOSE, CA 95113 (408) 467-9100 www.bkf.com DRAWING NAME: C:\Box\Projects - BKF\BKF-SJ\2023\230981_Orinda_Park\ENG-L\Sheets\01_OP-TS.dwg PLOT DATE: 07-29-26 PLOTTED BY: acanivel 1 C1.0 TITLE SHEET
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COPYRIGHT © BKF ENGINEERS 2026 10 ORINDA COMMUNITY PARK APN 260-200-005 28 ORINDA WAY, ORINDA, CA 94563 C 87397 NABIL RASHED BKF ENGINEERS 160 W. SANTA CLARA STREET SUITE 800 SAN JOSE, CA 95113 (408) 467-9100 www.bkf.com DRAWING NAME: C:\Box\Projects - BKF\BKF-SJ\2023\230981_Orinda_Park\ENG-L\Sheets\02_OP-GN.dwg PLOT DATE: 07-29-26 PLOTTED BY: acanivel 2 C1.1 GENERAL NOTES
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C2.0 EXISTING CONDITIONS
COPYRIGHT © BKF ENGINEERS 2026 10 ORINDA COMMUNITY PARK APN 260-200-005 28 ORINDA WAY, ORINDA, CA 94563 C 87397 NABIL RASHED BKF ENGINEERS 160 W. SANTA CLARA STREET SUITE 800 SAN JOSE, CA 95113 (408) 467-9100 www.bkf.com DRAWING NAME: C:\Box\Projects - BKF\BKF-SJ\2023\230981_Orinda_Park\ENG-L\Sheets\03_OP-EX.dwg PLOT DATE: 07-29-26 PLOTTED BY: acanivel Item I.6
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COPYRIGHT © BKF ENGINEERS 2026 10 ORINDA COMMUNITY PARK APN 260-200-005 28 ORINDA WAY, ORINDA, CA 94563 C 87397 NABIL RASHED BKF ENGINEERS 160 W. SANTA CLARA STREET SUITE 800 SAN JOSE, CA 95113 (408) 467-9100 www.bkf.com DRAWING NAME: C:\Box\Projects - BKF\BKF-SJ\2023\230981_Orinda_Park\ENG-L\Sheets\04_OP-DEMO.dwg PLOT DATE: 07-29-26 PLOTTED BY: acanivel Item I.6
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VAN VAN
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COPYRIGHT © BKF ENGINEERS 2026 10 ORINDA COMMUNITY PARK APN 260-200-005 28 ORINDA WAY, ORINDA, CA 94563 C 87397 NABIL RASHED BKF ENGINEERS 160 W. SANTA CLARA STREET SUITE 800 SAN JOSE, CA 95113 (408) 467-9100 www.bkf.com DRAWING NAME: C:\Box\Projects - BKF\BKF-SJ\2023\230981_Orinda_Park\ENG-L\Sheets\05_OP-IP.dwg PLOT DATE: 07-29-26 PLOTTED BY: acanivel 5 C4.0 CIVIL IMPROVEMENT PLAN
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40 COPYRIGHT © BKF ENGINEERS 2026 10 ORINDA COMMUNITY PARK APN 260-200-005 28 ORINDA WAY, ORINDA, CA 94563 C 87397 NABIL RASHED BKF ENGINEERS 160 W. SANTA CLARA STREET SUITE 800 SAN JOSE, CA 95113 (408) 467-9100 www.bkf.com DRAWING NAME: C:\Box\Projects - BKF\BKF-SJ\2023\230981_Orinda_Park\ENG-L\Sheets\06_OP-ER.dwg PLOT DATE: 07-29-26 PLOTTED BY: acanivel 6 C5.0 EROSION CONTROL PLAN ORINDA WAY
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7 C5.1 EROSION CONTROL DETAILS
COPYRIGHT © BKF ENGINEERS 2026 10 ORINDA COMMUNITY PARK APN 260-200-005 28 ORINDA WAY, ORINDA, CA 94563 C 87397 NABIL RASHED BKF ENGINEERS 160 W. SANTA CLARA STREET SUITE 800 SAN JOSE, CA 95113 (408) 467-9100 www.bkf.com DRAWING NAME: C:\Box\Projects - BKF\BKF-SJ\2023\230981_Orinda_Park\ENG-L\Sheets\07_OP-ERDT.dwg PLOT DATE: 07-29-26 PLOTTED BY: acanivel 4' MAX 4' MAX 4' MAX 4' MAX 2" MIN
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STEEL PANELS -

SPILLWAY
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8 C5.2 BEST MANAGEMENT PRACTICES
COPYRIGHT © BKF ENGINEERS 2026 10 ORINDA COMMUNITY PARK APN 260-200-005 28 ORINDA WAY, ORINDA, CA 94563 C 87397 NABIL RASHED BKF ENGINEERS 160 W. SANTA CLARA STREET SUITE 800 SAN JOSE, CA 95113 (408) 467-9100 www.bkf.com DRAWING NAME: C:\Box\Projects - BKF\BKF-SJ\2023\230981_Orinda_Park\ENG-L\Sheets\08_OP-BMP.dwg PLOT DATE: 07-29-26 PLOTTED BY: acanivel Item I.6
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COPYRIGHT © BKF ENGINEERS 2026 10 ORINDA COMMUNITY PARK APN 260-200-005 28 ORINDA WAY, ORINDA, CA 94563 C 87397 NABIL RASHED BKF ENGINEERS 160 W. SANTA CLARA STREET SUITE 800 SAN JOSE, CA 95113 (408) 467-9100 www.bkf.com DRAWING NAME: C:\Box\Projects - BKF\BKF-SJ\2023\230981_Orinda_Park\ENG-L\Sheets\09_OP-CD.dwg PLOT DATE: 07-29-26 PLOTTED BY: acanivel COPYRIGHT © BKF ENGINEERS 2026 10 ORINDA COMMUNITY PARK APN 260-200-005 28 ORINDA WAY, ORINDA, CA 94563 C 87397 NABIL RASHED BKF ENGINEERS 160 W. SANTA CLARA STREET SUITE 800 SAN JOSE, CA 95113 (408) 467-9100 www.bkf.com DRAWING NAME: C:\Box\Projects - BKF\BKF-SJ\2023\230981_Orinda_Park\ENG-L\Sheets\09_OP-CD.dwg PLOT DATE: 07-29-26 PLOTTED BY: acanivel 9 C6.0 CONSTRUCTION DETAILS

SECTION B-B
B
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B
- NO PARKING
1 ACCESSIBLE PARKING STALL 2 INTERNATIONAL SYMBOL OF ACCESSIBILITY (ISA) 3 ACCESSIBLE PARKING SIGN 4 WHEEL STOP 5 CURB TO FLUSH CURB 6 2" AC GRIND AND OVERLAY
14 CURB RAMPS
8 CONCRETE SECTION (PEDESTRIAN) 9 ASPHALT PAVEMENT SECTION 10 4" VERTICAL CURB & GUTTER 11 FULL DEPTH AC PAVEMENT SECTION 12 FULL DEPTH AC REPLACEMENT 13 7 4" VERTICAL CURB

PEDESTRIAN ASPHALT PAVEMENT
15 NOT USED
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COPYRIGHT © BKF ENGINEERS 2026 10 ORINDA COMMUNITY PARK APN 260-200-005 28 ORINDA WAY, ORINDA, CA 94563 C 87397 NABIL RASHED BKF ENGINEERS 160 W. SANTA CLARA STREET SUITE 800 SAN JOSE, CA 95113 (408) 467-9100 www.bkf.com DRAWING NAME: C:\Box\Projects - BKF\BKF-SJ\2023\230981_Orinda_Park\ENG-L\Sheets\09_OP-CD.dwg PLOT DATE: 07-29-26 PLOTTED BY: acanivel COPYRIGHT © BKF ENGINEERS 2026 10 ORINDA COMMUNITY PARK APN 260-200-005 28 ORINDA WAY, ORINDA, CA 94563 C 87397 NABIL RASHED BKF ENGINEERS 160 W. SANTA CLARA STREET SUITE 800 SAN JOSE, CA 95113 (408) 467-9100 www.bkf.com DRAWING NAME: C:\Box\Projects - BKF\BKF-SJ\2023\230981_Orinda_Park\ENG-L\Sheets\09_OP-CD.dwg PLOT DATE: 07-29-26 PLOTTED BY: acanivel 10 C6.1 CONSTRUCTION DETAILS 1 PEDESTRIAN RAMP WITH HANDRAIL NOTES:

GENERAL: ANY PATH OF TRAVEL IS CONSIDERED A RAMP IF ITS SLOPE IS GREATER THAN 1:20 OR 5%. THE LEAST POSSIBLE SLOPE SHALL BE USED FOR ANY RAMP. HANDRAILS ARE REQUIRED ON PEDESTRIAN RAMPS THAT PROVIDE ACCESS, EXCEPT THAT AT EXTERIOR DOOR LANDINGS, HANDRAILS ARE NOT REQUIRED ON RAMPS LESS THAN 6" RISE OR 72" IN LENGTH.
(1) BOTTOM AND INTERMEDIATE LANDING(S) ARE AT LEAST AS WIDE AS THE REQUIRED RAMP WIDTH. (2) SURFACE SLOPE OF LANDING(S) DOES NOT EXCEED 1:50 GRADIENT (2%) IN ANY DIRECTION. (3) INTERMEDIATE LANDING(S) ARE A MIN. OF 60" LONG IN THE RAMP DIRECTION BY 60". (4) INTERMEDIATE LANDING: WHEN RAMP DIRECTION CHANGES 30 DEGREES OR MORE, THE LANDING MUST BE A MIN. 72" IN LENGTH AND INCLUDE A MIN 60" BY 60" TURNING PLATFORM.
(5) FINISHED SURFACE OF RAMP AND LANDING(S) IS STABLE, FIRM AND SLIP-RESISTANT. (6) RAMPS AND LANDINGS WITH DROP-OFFS HAVE EDGE PROTECTION CONSISTING OF EITHER A GUIDE CURB A MIN. 2" IN HEIGHT ON EACH SIDE OF THE RAMP, OR A WHEEL GUIDE RAIL CENTERED 3" PLUS OR MINUS 1" ON EACH SIDE OF THE RAMP. (7) OUTDOOR RAMP(S) AND THEIR APPROACHES ARE DESIGNED SO WATER DOES NOT ACCUMULATE ON WALKING SURFACES. (8) MAXIMUM RAMP LENGTH BETWEEN LANDINGS: 30 FEET.

MAXIMUM RAMP HEIGHT BETWEEN LANDINGS: 30 INCHES.
(9) WHEN DOOR SWINGS ONTO LANDING, 42" PLUS DOOR WIDTH.

RAMP

1. LEVEL LANDING 14" PER FOOT MAX. SLOPE

1.1. THERE SHALL BE A LEVEL & CLEAR FLOOR OR LANDING ON EA. SIDE OF EXIT DOOR.

2. THE LENGTH OF LEVEL AREA IN THE DIRECTION OF DOOR SWING 60" & 44" IN THE OPPOSITE DIRECTION.

3. THE WIDTH OF THE LEVEL AREA ON THE SIDE TO WHICH THE DOOR SWINGS SHALL EXTEND 24" PAST THE STRIKE EDGE OF THE DOOR FOR EXTERIOR & 18" PAST THE STRIKE FOR INTERIOR DOORS.

4. USE VERSION #1 OR #2, CURBS OR WHEEL GUIDES REQUIRED, BOTH SIDES.

RAMP WHEEL GUIDES

SECTION A-A
NOTE: A. EXTENSION SHALL RETURN TO A WALL, GUARD,

OR THE LANDING SURFACE, OR SHALL BE

CONTINUOUS TO THE HANDRAIL OF AN
ADJACENT RAMP RUN OR STAIR FLIGHT.

B. RAMP HANDRAIL SHOWN INDICATES THE USE OF
A WHEEL RAIL OR BARRIER INSTEAD OF A CURB.

EDGE PROTECTION SHALL COMPLY WITH
SECTIONS 1012.10, 1012.10.1 AND 11B-303.5.

C. HANDRAIL SUPPORTS A 250-LB MINIMUM POINT
LOAD.

D. HANDRAILS DO NOT ROTATE WITHIN THEIR RAMP HANDRAIL FITTINGS. ”
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: October 6, 2026
SUBJECT:

Proclamation Declaring October 18-24, 2026, as “United Against Hate Week” in the City of Orinda.

EXECUTIVE SUMMARY:

Approve the issuance of a Proclamation Declaring October 18-24, 2026, as “United Against Hate Week” in the City of Orinda.

RECOMMENDATION:

Approve the issuance of a Proclamation Declaring October 18-24, 2026, as “United Against Hate Week” in the City of Orinda.

BACKGROUND:

The Orinda City Council Policy and Procedures Manual Section 8.1, Mayor, states, “The Mayor may issue proclamations, certificates of recognition, and similar documents on behalf of herself/himself, 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.

DISCUSSION:

The attached Proclamation is on this agenda for consideration by the City Council.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. United Against Hate Week Proclamation 2026
Respectfully Submitted by,
Joelle Fockler, MMC, City Clerk
Approved By:

Linda Smith, City Manager
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CITY OF ORINDA

PROCLAMATION DECLARING
OCTOBER 18 - 24, 2026, AS
“UNITED AGAINST HATE WEEK”
WHEREAS, the United States is a diverse nation, strengthened by values of pluralism and multiculturalism, especially in Contra Costa County; and WHEREAS, the Orinda City Council is particularly proud of the vibrant tapestry of cultures, identities, and perspectives that are woven together in our communities; and
WHEREAS, the Orinda City Council stands against acts of hate, intimidation, and bigotry; and
WHEREAS, the Orinda City Council affirms the rights and value of all residents regardless of race, ethnicity, disability, gender identity, sexual orientation, religion, socioeconomic status, immigration status or country of birth; and WHEREAS, the Orinda City Council rejects efforts to divide, exclude, or marginalize individuals, families, or communities; and
WHEREAS, we recognize that our strength as a City and as a nation is rooted in collaboration and cooperation across differences; and
WHEREAS, this Council wishes to join other cities, counties, and municipalities in the Bay Area and the rest of the nation in recognizing United Against Hate Week and underscoring our City’s commitment to safety, inclusion and belonging for all residents.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Orinda, hereby designates October 18-24, 2026, as “United Against Hate Week” in the City of Orinda and authorizes City staff to create and post “Orinda United Against Hate” signs as City speech.

Dated this 6th day of October 2026.
______________________
Brandyn Iverson, Mayor
City of Orinda
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: October 6, 2026
SUBJECT:

Orinda Community Park – Play Area Replacement - Project Update EXECUTIVE SUMMARY:

The City Council will receive an update and provide feedback on the Orinda Community Park Play Area Replacement (part of Community Park Project #4112). The vast majority of Orinda residents participating in the community outreach efforts selected the “Nature Theme” concept. Staff is asking the City Council to provide its feedback on the design in order for the City to proceed to the next step of development.

RECOMMENDATION:

Receive presentation and provide feedback.

BACKGROUND:

In 2016, the City started its update to the Orinda Community Park through a combination of design development and community outreach. This was intended to identify improvements to the park and its existing amenities. In support of these efforts, the City entered into an agreement with Callander Associates Landscape Architecture, Inc. (Callander) to provide landscape architecture and design services for the Project.

In 2018, the City Council approved the Orinda Community Park Master Plan, which identified improvements and replacement of several existing park amenities. The Project was then subdivided into phases to address long-term funding requirements for the work.

Phase 1 of the improvements consisted of a restroom renovation and plans for accessibility improvements, for which a construction contract is being considered for award as a separate item on tonight’s City Council agenda.

Phase 2 of the park improvements, includes the Play Area Replacement and is part of CIP Project #4112. The subject Phase 2 work is intended to replace and modernize the existing playground and create a more inclusive, accessible, cohesive, and functional play environment for children and families. The Project also provides an opportunity to improve circulation, enhance the overall user experience, and address long-term maintenance and operational considerations.

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The work for Phase 2 is currently in the design stage. Callander has prepared conceptual plans for use in community outreach efforts as described below. Note that subsequent project phases are covered in separate CIP projects: #5045, Community Park Band Shell and Picnic Areas, and #5046, Community Park Common Areas and Paths.

DISCUSSION:

As part of the conceptual design process, Staff conducted community outreach to better understand residents’ preferences regarding the character and theme of the playground replacement. The community survey received 394 responses, with approximately 85 percent of respondents indicating a preference for the Nature Theme over the Art Deco Theme. This feedback provided Staff and the project design team with a clear community preference for further development of design using the Nature Theme concept.

The proposed concept incorporates nature-inspired elements and materials while providing a range of active, imaginative, age-appropriate, and accessible play opportunities. The layout is also intended to create a more cohesive play environment, improve circulation, and support efficient long-term maintenance.

Staff is seeking City Council support for the Nature Theme as the preferred design direction.

NEXT STEPS:

If the City Council is comfortable with the Nature Theme design direction, Staff will prepare detailed plans and determine the most effective project delivery method. This could consist of the City directly purchasing play equipment and bid for the installation.

Or, the City could require the contractor to furnish and install the equipment.

FISCAL IMPACT:

There is no direct fiscal impact from the subject review of the conceptual plan for the park play areas.

STRATEGIC PLAN INITIATIVE:

None
ATTACHMENT:

A. Community Park Playground Project Update and Nature Theme Presentation Prepared by: Ha Nguyen, Senior Engineer
Respectfully Submitted by,
Scott Christie
Public Works Director
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Approved By:

Linda Smith, City Manager
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Community Park Playground Project Update
& Nature Theme Presentation

PRESENTED BY THE PUBLIC WORKS DEPARTMENT
AND CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC.

October 6, 2026
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Project Purpose & Background
2 Project Purpose:

Renovate the main play area to be more inclusive, consolidated, and easier to maintain.

Background:
• In 2016 design and community outreach work to update Orinda Community Park began • In 2018 a park master plan was approved that included upgrading or replacing many existing amenities.
• Due to budget constraints, the park renovation work will be phased • Renovation of the main play area is phase 2
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Community input was gathered starting on July 4, 2026
• Two playground themes were presented for resident feedback ◦ Nature Theme
◦ Art Deco Theme
• The City used SurveyMonkey to collect community feedback • The survey remained open for six weeks
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4 Item K.1
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• Orinda newspaper
• Concert in the Park
• Farmers Market
• National Night Out
• Information table at the July 4th after-parade celebration • Notices posted at the playground
• Online SurveyMonkey survey
5 Community Engagement Approach
How Residents Were Invited to Participate
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Survey closed August 17, 2026
394
Community Member Responses
85%
Preferred Nature Theme
6 Survey Results Item K.1
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• Present the Proposed Nature theme for the Community Park playground • Share the design and overall character of the proposed theme, and design refinements • Provide an opportunity for City Council to ask questions and provide feedback 7 Today’s Presentation Item K.1
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• A nature-inspired play environment that connects children with the outdoors • Classic, natural aesthetic that fits with existing park setting and remaining other park elements, and reinforces unique charm of Downtown Orinda • Design elements can reflect trees, plants, natural forms, exploration, and discovery • The theme will guide the visual character of the playground while supporting creative and imaginative play
8 Nature Theme Item K.1
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9 Nature
Themed
Concept
Plan
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10 Nature Themed Concept Rendering Item K.1
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11 Nature Themed Concept Rendering
Youth
Structure
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12 Nature Themed Concept Rendering
Tot
Structure
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13 Nature Themed Concept Rendering
Swing
Structure
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14 Potential Inclusive Play Equipment
Inclusive Whirl Expression Swing
with Adaptive
Inclusive Rocker
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15 Other Community Input
• Provide more shade
• Prioritize climbing and swinging over spinning, rocking, sensory, and retreat events • Prefer more natural materials
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16 Next Steps for Play Area
Tomorrow Design Development Begins
Early Winter 2026 Construction Document Development Begins Early Summer 2027 Project Out to Bid
Early Fall 2027 Construction Start
Early Spring 2028 Grand Re-Opening
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17 Community Park Renovation Updated Schedule
Phase 1 Master Plan Complete
Restroom Upgrade Complete
Accessible Parking Nov to Dec 2026
Phase 2 Play Area Now to Early Spring 2028
Phase 3 Band Shell/Picnic Areas Start Winter 27/28
Phase 4 Common Areas and Paths Start Winter 28/29
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18 Questions?
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CITY COUNCIL STAFF REPORT
Department: Planning
Meeting Date: October 6, 2026
SUBJECT:

Public Health and Safety Practices Relevant to Senate Bill 1123, California Government Code Section 66499.41 (the Starter Home Revitalization Act) EXECUTIVE SUMMARY:

The City Council will discuss and provide additional policy direction on public health and safety practices to implement the Starter Home Revitalization Act (Senate Bill 1123). SB 1123 mandates ministerial (non-discretionary) approval for subdividing eligible singlefamily residential parcels up to 10 parcels for the construction of smaller residential units.

Earlier this year, the City Council adopted Ordinance No. 26-05, exercising the City's statutory authority under state law to prohibit compounding density from Accessory Dwelling Units (ADUs) and subsequent Senate Bill 9 lot splits on these parcels.

RECOMMENDATION:

Receive the report and provide direction to Staff regarding pursuing objective updates to Orinda Municipal Code Title 16 (Subdivisions), including access management rules and curb cut standards on primary evacuation routes.
background:

The Starter Home Revitalization Act (Government Code §§ 66499.41 and 65852.28) requires local agencies to ministerially approve the subdivision of eligible single-family residential parcels (up to 1.5 acres in size) to facilitate the construction of starter homes averaging no more than 1,750 square feet. Because state law requires cities to ministerially waive certain local development standards that would physically preclude development at state-mandated densities, these subdivisions represent an intensification of land use. In a topographically constrained city like Orinda, maximizing density on hillside parcels presents inherent physical, roadway, and wildfire access challenges.

On March 3, 2026, the City Council held a study session to review the implications of the law. At that meeting, the City Council directed staff to take two actions: (1) draft an ordinance codifying the City's explicit statutory authority to prevent compounding density, and (2) explore policy options regarding public health and safety, specifically assessing whether development under the Act could be prohibited on parcels within 100 feet of evacuation routes.

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The City Council addressed the first directive on July 21, 2026, by adopting Ordinance No. 26-05 to prohibit ADUs and subsequent SB 9 lot splits on newly created starter home parcels and strictly enforce property sale restrictions. Staff concurrently evaluated potential health and safety policies under Government Code § 66499.41(f), which allows map denials only upon written findings, based on a preponderance of evidence, of a specific, unmitigable adverse impact to public health and safety. Following discussions with HCD, staff concluded that blanket geographic bans carry substantial legal vulnerability.

DISCUSSION:

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. After assessing the feasibility of the proposed approach of categorically prohibiting all development under the Starter Home Revitalization Act at parcels within 100 feet of evacuation routes, Staff reached the conclusion that such a policy would likely not be defensible. During a technical assistance meeting, HCD staff stated that the intent of the law is to require jurisdictions to assess subdivision and development projects on a case-by-case basis. Any policy constituting a blanket prohibition carries risk and could be challenged by HCD and/or the courts.

To help understand the potential scope of exposure, Staff mapped the parcels that could theoretically utilize this law. Figure 1 depicts the Fire Hazard Severity zones. Parcels within the Very High Fire Hazard Severity Zone are not eligible under the Starter Home Revitalization Act.

Figure 2 depicts the 48 currently vacant sites that are located outside the Very High Fire Hazard Severity Zone, are a maximum of 1.5 acres in size, and are listed in the Housing Element. This image identifies lots that are located in proximity to evacuation routes (26) and ones that are not (22).

Historically, many of these lots have remained vacant due to severe physical constraints such as steep topography, irregular dimensions, and inadequate size, that make even single-unit development highly challenging. Examples include a 3,900-square-foot sloped lot on Dale Court where a neighboring driveway occupies the only level terrain, a parcel on Zander Drive with a history of major landslides and known geotechnical hazards, and a narrow, sloped lot on Ivy Drive where emergency access requirements would consume most of the developable area.

To date, only one Starter Home Revitalization Act subdivision has been proposed since SB 1123 expanded applicability to single family residential on July 1, 2025: a vacant site situated between Lind Court and Rheem Boulevard, which is a designated evacuation route. The applicant proposes four units for this site, with one unit accessing Rheem Boulevard directly and the remaining three sharing a driveway exiting onto Lind Court.

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Figure 1: Orinda’s 2025 Fire Hazard Severity Zones
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Figure 2: Vacant parcels with Starter Home Revitalization Act development potential Note: Mapping depicts the portion of Orinda located outside the Very High Fire Hazard Severity Zone, within which parcels are not eligible for subdivision or development under the Starter Home Revitalization Act.

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Additionally, Figure 3 shows the approximately 762 developed sites that potentially meet the basic criteria to designate a remainder parcel (the developed portion of the parcel that must meet minimum objective subdivision standards while allowing a portion to be considered vacant for the purposes of the act). Staff used parcel slope, size, and zoning data to calculate the minimum lot size required for each parcel by OMC 17.7.4 (Slope Limitations); any parcel that had at least 1,200 square feet of excess land was considered potentially eligible under this act.

Importantly, this figure represents a theoretical maximum; the vast majority of these 762 developed sites are likely unsuited for Starter Home Revitalization Act subdivisions. For example, on typical rectilinear lots where existing homes are situated close to the street, only the rearmost portions of the property would be eligible for subdivision. Developing these rear segments would require long driveways that face significant physical and regulatory constraints, particularly regarding minimum width requirements for fire apparatus access. In other cases, lots in hillside areas include dedicated open space easements that may not be developed. On some lots, unusual geometrical shapes of the parcel would also pose challenges to figuring out how a remainder could be carved off and remain compliant with Orinda’s lot size and dimension standards while also allowing access to the vacant portion.

Of these sites, 361 are located along evacuation routes, though the majority of these are the type of rectilinear lots with difficult configurations for designating a remainder as described above.

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Figure 3: Developed sites with Starter Home Revitalization Act development potential Note: Mapping depicts the portion of Orinda located outside the Very High Fire Hazard Severity Zone, within which parcels are not eligible for subdivision or development under the Starter Home Revitalization Act.

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Leveraging Existing Policy
Starter Home Revitalization Act subdivisions are subject to the California Fire Code, the California Building Code, and municipal engineering standards. Existing requirements naturally constrain development in Orinda.

Fire. Supported by Safety Element Implementation Action IA-17 and Policy S-39, all proposed development must provide adequate access for fire and emergency vehicles that meets or exceeds the California Fire Safe Regulations. Furthermore, under the newly adopted MOFD Ordinance No. 26-02 (2025 California Wildland-Urban Interface Code), the entirety of the Moraga-Orinda Fire Protection District is legally designated as a Wildland-Urban Interface (WUI) area. The ordinance adopts the 2025 California WildlandUrban Interface Code and further expands the provisions of Chapter 4 (pertaining to minimum water supply and emergency vehicle access) and 5 (pertaining to special building construction regulations) to the entirety of the jurisdiction. In addressing the local climatic, geologic, and topographical conditions within the ordinance, MOFD acknowledges the same challenges that face the jurisdiction as it engages with the Starter Home Revitalization Act:

In summary, portions of the Fire District have limited water supplies or roadways that delay the response of emergency equipment to carry out the extinguishment of a fire, allowing the fire to increase in area. In order to mitigate the above situation, which hinders the quick response to a fire, more stringent fuel mitigation and exterior hazard abatement standards are required over and above state code requirements. These standards will operate to slow or stop a fire’s advance, thus allowing residents to evacuate, and buying time for the aggregation of an effective firefighting response.

These standards also reduce the potential for fire to spread beyond the parcel of origin. (Ordinance 26-02 p. 5)
MOFD (and not City staff) is responsible for evaluating each project, including all subdivisions, on a case-by-case basis for compliance with these local and state regulations. Because fire prevention and emergency response capabilities are inextricably linked to safe civilian evacuation, projects unable to comply with MOFD standards qualify for denial under Government Code Section 66499.41(f). Specifically, MOFD may conclude that the inability to meet required fire safety, water supply, and emergency vehicle access standards in certain situations constitutes a specific, adverse impact upon public health and safety for which there is no feasible mitigation.

To increase coordination in ensuring these regulations are exercised and projects are receiving timely and thorough review by the Fire District, Staff have created a workflow within the new Cloudpermit software utilized for submitting and tracking permit applications. All development and subdivision projects now require MOFD review earlier in the project lifecycle than had been previously achieved because MOFD project review staff now have direct access to the City’s permit tracking system. Projects now include a default Fire District review that results in MOFD staff being able to directly communicate with Orinda staff and applicants within the application portal.

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Drainage. Additionally, Safety Element Policy S-27 explicitly requires "new development in hillside areas to prepare drainage plans to direct runoff and drainage away from potentially unstable slopes.” Furthermore, municipal stormwater retention (C.3) regulations apply objectively to all new subdivisions. If a developer cannot demonstrate that the site can safely capture and drain stormwater without destabilizing the hillside, the map may be denied.

New Policy Considerations
Staff considered options to propose new, defensible policies aimed at increasing the City's capacity to objectively regulate evacuation access, roadway constraints, and overall emergency preparedness. These policies should generally not be tied explicitly to the Starter Home Revitalization Act, but rather to any new development or subdivisions meeting specific thresholds, as targeting specific mechanisms for development rather than the public health and safety aspects that should be considered for all development would not be defensible.

The policies previously discussed by Staff include the following:
• Evacuation level of constraint thresholds (not recommended): Staff evaluated establishing an objective "Level of Constraint Threshold" for Orinda's evacuation zones. Under this approach, projects that exacerbate congestion beyond a baseline limit would be denied. Despite its in-house accessibility, Staff does not recommend this approach due to the following limitations:
o Evacuation platforms like the LADRIS tool that the City uses process macrolevel vehicle movements. Because critical arterial intersections maintain baseline capacities of a high hundreds of vehicles per hour, a typical project adding fewer than 20 vehicles (and more likely fewer than 10 given the constraints identified) falls within these model's margin of error and are unlikely to register a measurable impact.
o Because small vehicle additions are absorbed as statistical noise, nearly all individual projects would pass the threshold test.
• Subdivision standards (recommended): The City’s subdivision code (OMC Title 16) dates to incorporation and requires modernization. Updating Title 16 provides an opportunity to codify objective, health-and-safety-based subdivision standards that apply uniformly to all developments. Under Government Code § 66499.41(d), local jurisdictions may enforce objective subdivision standards provided they do not conflict with state law.

To pursue these updates, the City would need to modernize objective standards, which might include the following:

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o Access management on multi-frontage lots: If a proposed subdivision has frontage on multiple streets, vehicular access would be required from the lowervolume local street rather than directly onto a designated primary evacuation route (provided the applicant holds legal access rights and the alternative route is viable). Directing ingress and egress away from critical arterials reduces turning conflicts and preserves throughput during emergency evacuations. o Curb cut limitations and shared ingress/egress: To minimize friction and collision hazards on critical roadways, regulations could limit individual driveway curb cuts, mandate minimum separation distances between driveways, or require consolidated, shared access points for newly subdivided parcels.

In summary, while categorical development bans along evacuation routes are not legally permissible under the Starter Home Revitalization Act, the City retains meaningful authority to protect public safety. Existing local frameworks—most notably MOFD’s caseby-case enforcement of the 2025 California Wildland-Urban Interface Code, emergency vehicle access standards, and water supply minimums—provide a robust, legally defensible mechanism to deny maps that present unmitigable health and safety risks under Government Code Section 66499.41(f). To further enhance local resilience, Staff recommend pursuing objective updates to Title 16 (Subdivisions), including access management rules and curb cut standards on primary evacuation routes.

Representatives from the Moraga-Orinda Fire District (MOFD) will be present at the October 6, 2026, hearing to assist the City Council and answer specific questions regarding District fire codes, emergency access evaluations, and local WUI regulations.

NEXT STEPS:

If the Council agrees with the recommendation, Staff would engage one of the City’s oncall consultants to draft the objective standards for inclusion in Orinda Municipal Code Title 16.

FISCAL IMPACT:

Costs associated with the draft objective standards would be under $20,000.

STRATEGIC PLAN INITIATIVE:

None.

ATTACHMENT:

A. Staff Presentation
WEBLINK(S):

A. March 3, 2026, City Council study session agenda item H.3 regarding the Starter Home Revitalization Act: https://puborinda.escribemeetings.com/FileStream.ashx?DocumentId=4815 B. July 7, 2026, City Council ordinance reading agenda item J.1 regarding the Starter Home Revitalization Act: https://pubItem K.2
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orinda.escribemeetings.com/Meeting.aspx?Id=63da9f30-4e61-4cf6-bf0cb2ac40c6fb09&Agenda=Agenda&lang=English&Item=2893&Tab=attachments Prepared by: Darin Hughes, Associate Planner
Respectfully Submitted by,
Lashun Cross, Planning Director
Approved By:

Linda Smith, City Manager
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THE STARTER HOME

REVITALIZATION ACT
CITY COUNCIL OCTOBER 6, 2026

PUBLIC HEALTH & SAFETY PRACTICES
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SB 1123 Overview
Mandates ministerial approval for subdividing eligible
single-family residential parcels.

Scope: Up to 1.5 acres, maximum 10 parcels.

Unit Size: Averaging no more than 1,750 square feet.

Impact: Represents an intensification of land use in hillside terrain.

City Council Direction (March 2026)
• Draft ordinance to prevent compounding density
(Adopted July 21).
• Explore policy options regarding public health and
safety (evacuation routes).

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Blanket Bans vs. Specific Findings
Blanket Prohibitions
Not legally defensible. HCD advises case-by-case assessment required.

Specific Findings
Denial requires written finding of unmitigable
adverse impact to health/safety.

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Fire Hazard Severity Zones
Parcels within the Very High Fire Hazard Severity
Zone are not eligible under the Starter Home
Revitalization Act.

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Vacant Parcel Potential
Outside Very High Fire Hazard Zone & ≤ 1.5 acres
26 Adjacent to evacuation routes
22 Not adjacent to routes
48 TOTAL VACANT SITES
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Vacant Parcel Potential
Outside Very High Fire Hazard Zone & ≤ 1.5 acres
361 Adjacent to evacuation routes
401 Not adjacent to routes
762

TOTAL SITES
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Vacant Parcel Potential 762 Outside Very High Fire Hazard Zone & ≤ 1.5 acres

TOTAL SITES
Why this is highly unlikely:

Access Issues: Rear lot subdivision requires long driveways facing physical/regulatory constraints.

Open Space: Hillside lots often include dedicated open space easements.

Topography and parcel shape: Unusual shapes and irregular topography complicate meeting minimum standards while allowing access.

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Severe Physical Constraints
Historically, many lots remain vacant due to challenges making even single-unit development highly challenging. Current Activity Only one subdivision application received to date: 4 units between Lind Court and Rheem Blvd (evacuation route). Steep topography & irregular dimensions.

Inadequate size for access requirements.

Geotechnical hazards (e.g., history of major landslides).

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LEVERAGING EXISTING POLICY
MOFD & The WUI Code
Entirety of Moraga-Orinda Fire District designated as
Wildland-Urban Interface (WUI).

Case-by-case evaluation for emergency vehicle access,
water supply, and structure-to-structure ignition issues.

The Legal Finding
"Specifically, the inability to meet required fire safety, water supply, and emergency vehicle access standards
constitutes a specific, adverse impact upon public health and safety for which there is no feasible mitigation."
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Drainage & Stormwater (C.3)
If a developer cannot demonstrate that the site can safely capture and drain stormwater without destabilizing the hillside, the map may be denied.

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NOT RECOMMENDED
Evacuation Constraint
Thresholds
Establishing a baseline limit for congestion exacerbation.

Statistical Noise
Macro-level models (LADRIS) absorb small vehicle additions (<20) as margin of error. Individual projects pass.

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RECOMMENDED PATH FORWARD
Objective Subdivision Standards
Access Management
Multi-frontage lots require access from lower-volume
local streets, preserving arterial throughput.

Curb Cut Limitations
Mandate minimum separation or shared ingress/egress
points to minimize friction on critical roadways.

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Recommendation & Next Steps
Provide direction to Staff regarding pursuing objective updates to Orinda Municipal Code Title 16 (Subdivisions), including access management rules and curb cut standards on primary evacuation routes.

If the Council agrees with the recommendations, Staff would engage an oncall consultant to develop objective standards to incorporate into Orinda Municipal Code Title 16 (Subdivisions) to address recommended requirements noted above.

Item K.2
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Questions & Discussion
Direction to staff regarding exploring objective policy options for regulating development on constrained parcels.

Item K.2
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