With work scheduled to begin this summer, The Orinda Pre-School (TOPS) has been raising concerns about the construction of the Vista Verde senior housing development. 

    While representatives of TOPS stress that they are in fact in favor of senior housing, they have serious concerns about what might be a two-year construction project just feet from the 88-year-old preschool, which is probably the oldest business in Orinda.

    Administrators of TOPS as well as families of children who attend or have attended the preschool first appealed to the Planning Commission on May 12 during the public forum. The Commission placed the matter on its May 26 agenda for discussion only, not as an action item. After that, TOPS proponents brought the matter to the attention of the Orinda City Council on June 9 during its public forum. 

    Representatives of TOPS and parents of children enrolled in TOPS have told the planning commission and the city council that they have been alarmed by changes that were approved as “minor” after the approval of the housing project. Such changes include the removal of some trees around the property. TOPS has also expressed concern about the planned construction of a retaining wall cutting across a corner of the school’s outdoor classroom on land that TOPS has asserted has been double leased by the Orinda Community Church (OCC) to both TOPS and to Vista Verde.
 
    On each occasion there was time for multiple parties to speak in support of TOPS about the effects of the construction of the Vista Verde housing development on the school, its students and staff.  

    While Planning Commissioners expressed concerns about the issues raised by TOPS, they were informed by Planning Director Lashun Cross on May 26 that the matter had been approved and was beyond the scope of the city to effect any changes at this late date. The City Council heard comments in its public forum, but no council member sought to have the matter placed on a future agenda.

    In discussing the situation with Lamorinda Weekly, Victoria Smith, president of the Orinda Senior Housing Foundation (OSHF), noted that from 2021 through the present, the OSHF and the OCC has worked closely with The Orinda Preschool Director, Kristen Armanini, TOPS President Tawny Martinez, and the Parent's Board to plan the Vista Verde Senior Housing project and to mitigate the effects of the construction upon the preschool and the children.

    “Many meetings and site visits were held,” Smith said, referring to extensive outreach to TOPS leadership. She explained that “some communication was directly with TOPS, other communication was with OCC, which had appointed a liaison between TOPS and Vista Verde.”  Smith cited many emails that had been exchanged.

    After the matter was raised to the planning commission in early May of this year, the commission asked the planning director to attend the next meeting and explain the history of the development, which was first submitted to the city in September 2021.  

    The path of the project was interrupted after approval, with a delay of some time. In addition, the Covid-19 pandemic had started the previous year, and the preschool says that it was busy dealing with the effects of the pandemic. 

    Following the usual noticing, the project was approved by the planning commission on July 12, 2022, and then by the city council on Aug. 16, 2022. (Links to all relevant documents and meetings can be found on the Vista Verde page on the City of Orinda website.)

    Local residents close to the site were notified, as were local schools. However, TOPS was not directly notified because it is a tenant of the Orinda Community Church.  

    Planning Director Cross, reviewing the notices that had been given, said that the project was correctly noticed at the time, and that the city was not required to give notice to tenants, but only to property owners, who could communicate with their tenants.  The lack of notice in this case seemed to trouble some of the commissioners, who suggested that some additional forms of notice might be employed in the future to make sure that more people are aware of upcoming building projects. 

    Cross, who indicated that she had discussed the matter with legal counsel, suggested that some of the current issues, such as the alleged double leasing of land by the church to both the preschool and the senior housing project, are civil issues among the parties and do not affect the city.
    According to Smith, an agreement between TOPS, OCC and OSHF on construction mitigation measures was reached over two years ago. Under that agreement, the Church provided TOPS then, without any increase in rent, with an additional safe, flat outdoor space to replace the steep hillside corner that will be used for a retaining wall. 

    Smith disputed the claim that the land had been double leased, asserting that TOPS had been using an area that was not actually leased to them. However, Smith said that the Church had provided TOPS with the unfenced lawn area between the Sanctuary and the Fellowship Hall to compensate for the loss of the hillside corner. As part of the agreement, OSHF paid over $6,000 to fence the property, so that TOPS could comply with the California State Preschool Licensing Agency requirements, and Ms. Martinez approved the arrangement.

    Smith added that the Church has also been preparing more interior space for use by TOPS as well. Construction is currently scheduled to begin in mid-July with the demolition of the existing caretaker’s cottage on the site.