Agenda packet — Orinda City Council, August 16, 2022 (part 2 of 2)

kimley-horn.com 4637 Chabot Dr., Suite 300, Pleasanton, CA 94588 925-398-4840

MEMORANDUM
To: Drummond Buckley
City of Orinda
From: Elizabeth Chau, P.E.

Kimley-Horn and Associates, Inc.

Date: August 4, 2022
Subject: Vista Verde Village Community Housing – Irwin Way & Orinda Way Crosswalk Kimley-Horn and Associates, Inc. (Kimley-Horn) was retained by Orinda Senior Housing Foundation (OSHF) and prepared a local traffic analysis (LTA) dated March 7, 2022. Results from the LTA were included in the mitigated negative declaration (MND) for the Project. City of Orinda (City) staff received a comment relating to the Project’s potential impacts at the existing pedestrian crosswalk at Irwin Way.

This memorandum summarizes additional field work conducted to evaluate the Project’s potential pedestrian impacts.

Project Background
The Project site (10 Irwin Way) is located at the end of Irwin Way, northeast of Orinda Community Church and north of Orinda Senior Village. Based on Attachment C Project Trip Distribution and Project Trip Assignment of the LTA, the Project is expected to increase individual movement volumes by 1 to 5 vehicles, which equates to roughly one vehicle every 12-60 minutes during the peak period.

Field Observations
Kimley-Horn conducted field observations during the PM peak hour (4:30 PM - 5:30 PM) on Wednesday, July 27, 2022, as well as during the nighttime between 8:30 PM and 9:00 PM on Sunday, July 24, 2022. The purpose of the field observations was to assess if pedestrians were visible to drivers, as well as observe how vehicles interact with pedestrians. Observations were conducted on foot, as well as driving along Irwin Way and Orinda Way.

There are no objects or vegetation that obstruct drivers from seeing pedestrians crossing Orinda Way or Irwin Way. In addition, there are streetlights which illumine the crosswalks when dark. During the PM peak period, there were a total of 6 pedestrians (children and adults) and 5 bicyclists observed using the crosswalks and only two pedestrians utilizing the crosswalks at night. It was observed that vehicles traveling along Orinda Way would stop to allow pedestrians or bicyclists to cross. Vehicles traveling along Irwin Way would also stop, but mostly due to the stop sign for that approach. Based on these field observations there are no existing pedestrian deficiencies.

Pedestrian Impacts
Collision data was reviewed to determine if any trends were present that the Project could potential exacerbate. A Transportation Injury Mapping System (TIMS) query of collisions between January 1, G.1.k
Packet Pg. 231 Attachment: IS/MND Addendum (2879 : City Council Report First Reading Vista Verde)

Page 2 ends

kimley-horn.com 4637 Chabot Dr., Suite 300, Pleasanton, CA 94588 925-398-4840 2017 and December 31, 2021 resulted in one collision at the intersection during this 5-year period. This collision occurred on Saturday, December 5, 2020 and involved a vehicle traveling along Orinda Way and a pedestrian crossing Orinda Way. The pedestrian was injured. No trends could be identified at this intersection since due the number of collisions in the last 5-years.

Table 1 shows the comparison of the collision rate of the number of collisions per million vehicles entering for the intersection with the average rate for a suburban stop/yield-controlled intersection from the most recent Caltrans Annual Collision Data on California State Highways1. The intersection rate was calculated using peak hour turning volumes from the LTA and the number of collisions on the last 5 years. Calculations resulted in a collision rate of 0.120, which is half of the State’s average of 0.240.

Table 1: State Average and Intersection Accident Rate (AR) Collision Rate
State Average 0.240
Intersect 0.120
As discussed in the previous section, the field observation did not find any existing pedestrian deficiencies. A review of collision data for the intersection could not identify any collision trends and that the intersection collision rate is less than the State average rate. It is anticipated that the Project would not cause a surge of vehicles but may add one vehicle per movement every 12 to 60 minutes.

Based on these factors, the Project would result in no pedestrian impacts. 1 https://dot.ca.gov/programs/research-innovation-system-information/annual-collision-data G.1.k
Packet Pg. 232 Attachment: IS/MND Addendum (2879 : City Council Report First Reading Vista Verde) From: Sheri Smith
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: Drummond Buckley; David Biggs
Subject: FW: City Council Regular Meeting – 8/16/2022 Item - Application for Vista Verde Project by Orinda Senior Housing Foundation
Date: Wednesday, August 10, 2022 9:44:15 AM
From: Peter Mongroo [mailto:[email protected]]
Sent: Tuesday, August 9, 2022 8:09 PM
To: Sheri Smith <[email protected]>
Subject: City Council Regular Meeting – 8/16/2022 Item - Application for Vista Verde Project by Orinda Senior Housing Foundation
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
Dear Mayor Fay and Honorable Councilmembers:

I write today in support of the City Council’s approval of the application for the Vista Verde project.

I have been a resident of Orinda for 18 years and recently retired. As an aging Orindan, I would like to think that this aging, but progressive community can continue to stand for the principles that attracted me to let us in the first place. Open and inclusive (that includes affordable) - I urge the Council to approve this worthy project, which brings much-needed 100% affordable housing for seniors to Orinda.

The Foundation has carefully designed this new community of 52 apartments with the express goal of helping the City of Orinda meet its obligations to provide such housing under the Housing Element of the City’s General Plan. Vista Verde will provide 13 apartments (25% of project) to moderate income, 30 apartments (59%) to low-income, and 8 apartments (16%) to very low income senior residents. The project was designed to be built as an “infill” building on a highly desirable vacant site downtown, purposely located adjacent to two existing affordable senior communities: Orinda Senior Village completed in 1983 and Monteverde Senior Apartments built in 2014.

Let us do something that is both morally supporting our communityy and for which we can be proud of taking a small step to help the challenges faced by seniors in need.

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Packet Pg. 233 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) I urge the Council to vote AYE in favor of the various parts of this application that together constitute an approval of the project.

Sincerely,
Peter Mongroo
Orinda, CA
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Packet Pg. 234 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) From: Sheri Smith
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: Drummond Buckley; David Biggs
Subject: FW: Support for Vista Verde Project
Date: Tuesday, August 9, 2022 8:53:24 AM
From: Randi and Herb Long [mailto:[email protected]] Sent: Monday, August 8, 2022 4:32 PM
To: Sheri Smith <[email protected]>
Subject: Support for Vista Verde Project
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
I live near the border of Lafayette and Orinda on Hidden Valley Road.

I urge the City Council to support the Vista Verde low-income senior housing proposed by the Orinda Community Church. Orinda can be the role model for neighboring communities. This project is a step in the right direction for suburban communities to do their part to tackle the homeless problem. We need more housing and seniors are a good way to start.

Sincerely,
Randi Long
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Packet Pg. 235 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) From: Sheri Smith
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: Vista Verde Project
Date: Monday, August 8, 2022 8:31:36 AM
From: Lani Shepp [mailto:[email protected]]
Sent: Saturday, August 6, 2022 9:09 PM
To: Sheri Smith <[email protected]>
Subject: Vista Verde Project
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
To: Orinda City Council (Via Email)
Re: City Council Regular Meeting – 8/16/2022
Item - Application for Vista Verde Project by
Orinda Senior Housing Foundation
Dear Mayor Fay and Honorable Councilmembers:

I write today in support of the City Council’s approval of the application for the Vista Verde project.

I have been a member of the Orinda Community Church since 1967. I have watched as the church has been able to supply land and support for Orinda Senior Village and Monteverde and now as it again has land available for the building of Vista Verde. I raised my family in Orinda and both of my sons are products of this school system. I downsized out of Orinda 4 years ago after 43 years but I remain active and interested in Orinda and particularly in the church and its use of property. I am currently the Treasurer on the Orinda Community Church Council.

I urge the Council to approve this worthy project, which brings much-needed 100% affordable housing for seniors to Orinda.

The church has worked for the last several years with the Foundation who has carefully designed this new community of 52 apartments with the express goal of helping the City of Orinda meet its obligations to provide such housing under the Housing Element of the City’s General Plan. Vista Verde will provide 13 apartments (25% of project) to moderate income, 30 apartments (59%) to low-income, and 8 apartments (16%) to very low income senior residents. The project was designed to be built as an “infill” building on a highly desirable vacant site downtown, purposely located adjacent to two existing affordable senior communities: Orinda Senior Village completed in 1983 and Monteverde Senior Apartments built in 2014.

I recognize the need for affordable housing for seniors in our area where the home prices have reached the stratosphere. Many need to downsize and wish to remain in the area they have lived in for many years. Affordable housing is very limited with long wait times currently. 52 new units will fill immediately. The church is particularly interested in meeting housing needs with low income housing and is very excited to join this new opportunity to provide some.

I urge the Council to vote AYE in favor of the various parts of this application that together constitute an approval of the project.

Sincerely,
Lani Shepp, Treasurer, Orinda Community Church
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Packet Pg. 236 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) From: Sheri Smith
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: Letter of Support of Vista Verde Project
Date: Monday, August 8, 2022 11:25:47 AM
From: Hilary Fabian [mailto:[email protected]]
Sent: Monday, August 8, 2022 11:24 AM
To: Sheri Smith <[email protected]>
Subject: Letter of Support of Vista Verde Project
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
August 4, 2022
To: Orinda City Council (Via email)
Re: City Council Regular Meeting - 8/16/2022
Item - Application for Vista Verde Project by Orinda Senior Housing Foundation Dear Mayor Fay and Honorable Council members:

I write today in support of the City Council’s approval of the application for the Vista Verde project.

My husband and I grew up in Orinda and moved back 28 years ago to raise our four children. We have been involved in the community as members of the Orinda Garden Club and Orinda Country Club and appreciate the natural beauty of Orinda and the need to support efforts to maintain and improve upon it. We also see the need for affordable and appealing housing for our seniors. I urge the Council to approve this worthy project, which brings much-needed 100% affordable housing for seniors to Orinda.

After careful review of the proposed project, I am confident this will be a much appreciated and attractive addition to our beautiful town of Orinda.

I urge the Council to vote AYE in favor of the various parts of this application that together constitute an approval of the project.

Sincerely,
Hilary Fabian
Hilary
925-998-0123
Sent from my iPhone
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Packet Pg. 237 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) From: Sheri Smith
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: Please Approve Vista Verde
Date: Monday, August 8, 2022 4:02:26 PM
From: Leslie Darwin [mailto:[email protected]]
Sent: Monday, August 8, 2022 4:01 PM
To: Sheri Smith <[email protected]>
Subject: Please Approve Vista Verde
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
Dear Mayor Fay and Honorable Council Members:

Thank you for all your work. I am grateful for the many hours of labor behind the scenes.

I write today in support of the City Council’s approval of the application for the Vista Verde project.

We have lived here for 20 years and have loved raising our sons in Orinda. It has meant a lot for them to visit with the seniors at Orinda Senior Village — delivering flowers, pumpkins, singing carols. We are honored to be surrounded by these seniors with such amazing stories.

We urge the Council to approve the Vista Verde project, which brings much-needed 100% affordable housing for seniors to Orinda.

We have been inspired by the seniors at OSV and Monteverde, so we are thrilled to welcome Vista Verde.

We urge the Council to vote AYE in favor of the various parts of this application that together constitute an approval of the project.

Sincerely,
Leslie Darwin O’Brien
Orinda, CA
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Packet Pg. 238 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) August 8, 2022
To: Orinda City Council (Via Email)

Re: City Council Regular Meeting – 8/16/2022
Item - Application for Vista Verde Project by
Orinda Senior Housing Foundation
Dear Mayor Fay and Honorable Councilmembers:

I write today in support of the City Council’s approval of the application for the Vista Verde project.

EBHO is a 35 year old membership organization committed to preserving, protecting and producing affordable housing in Alameda and Contra Costa Counties through education, advocacy, community organizing and building coalitions. Many of our members live and/or work in the City of Berkeley.

I urge the Council to approve this worthy project, which brings much-needed 100% affordable housing for seniors to Orinda.

Affordable housing is desperately needed in the East Bay, particularly for seniors who are the fastest growing segment of the homeless population. I urge the Council to vote in favor of the various parts of this application that together constitute an approval of the project. Vista Verde will serve vulnerable seniors and be an important step towards helping the City of Orinda meet its RHNA obligations. We look forward to continuing to work with the City on future efforts to meet the housing needs of the community.

Sincerely,
Rev. Sophia DeWitt
Program Director
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Packet Pg. 239 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) From: Sheri Smith
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: August 16 City Council Meeting - Letter in Support of Vista Verde Project Date: Friday, August 5, 2022 1:57:21 PM
From: Bob Winbigler [mailto:[email protected]]
Sent: Friday, August 5, 2022 1:49 PM
To: Sheri Smith <[email protected]>
Subject: August 16 City Council Meeting - Letter in Support of Vista Verde Project CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
August 5, 2022
To: Orinda City Council (Via Email)
Re: City Council Regular Meeting - 8/16/2022
Item - Application for Vista Verde Project by
Orinda Senior Housing Foundation
Dear Mayor Fay and Honorable Councilmembers:

I write today in support of the City Council's approval of the application for the Vista Verde Project.

I have been a member of the Orinda Community Church since 1989. As a former Moderator of the Church Council and a former Orinda Senior Village Board President, I am very enthusiastic about the potential offered by the addition of the Vista Verde Project. I urge the Council to approve this worthy project, which brings much-needed 100% affordable housing for seniors to Orinda.

Orinda Senior Village completed in 1983 and Monteverde Senior Apartments built in 2014.

My mother-in-law was one of the original residents of Orinda Senior Village when it opened in 1983. She thrived during her time in the OSV community. Over the years, I and other members of Orinda Community Church saw the need for additional affordable senior housing and envisioned all the aspects connected with the current Vista Verde Project.

I urge the Council to vote AYE in favor of the various parts of this application that G.1.m
Packet Pg. 240 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) together constitute an approval of the project.

Sincerely,
Bob Winbigler
Member of Orinda Community Church
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Packet Pg. 241 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) 1 Drummond Buckley
From: Sheri Smith
Sent: Thursday, August 4, 2022 8:52 AM
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: Low income housing in Orinda.

From: Sue Phalen [mailto:[email protected]]
Sent: Wednesday, August 3, 2022 1:51 PM
To: Sheri Smith <[email protected]>
Subject: Low income housing in Orinda.

CAUTION: This email is from an external source. Be careful when clicking links or opening attachments! I wanted you to know that I support low income housing. I’m a member of Saint Paul’s Episcopal Church and I’ve worked on Habitat for Humanity’s houses here in Walnut Creek. At St. Paul’s we are grateful forThe 44 residents That are now living in the low cost housing that sits on our property.

Sue Phalen
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Packet Pg. 242 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) 1 Drummond Buckley
From: Sheri Smith
Sent: Thursday, August 4, 2022 8:55 AM
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: August 16 City Council Meeting - Letter in Support of Vista Verde Project From: Babs Winbigler [mailto:[email protected]]
Sent: Wednesday, August 3, 2022 4:49 PM
To: Sheri Smith <[email protected]>
Subject: August 16 City Council Meeting ‐ Letter in Support of Vista Verde Project CAUTION: This email is from an external source. Be careful when clicking links or opening attachments! August 3, 2022
To: Orinda City Council (Via Email)
Re: City Council Regular Meeting - 8/16/2022
Item - Application for Vista Verde Project by
Orinda Senior Housing Foundation
Dear Mayor Fay and Honorable Councilmembers:

I write today in support of the City Council's approval of the application for the Vista Verde Project.

I have been a member of the Orinda Community Church since 1989. I was a member of the Board of Orinda Senior Village from 2013 through 2018. Our vision of this project began during my tenure on the Board. I urge the Council to approve this worthy project, which brings much-needed 100% affordable housing for seniors to Orinda.

The project was designed to be built as an "infill" building on a highly desirable vacant site downtown, purposely located adjacent to two existing affordable senior communities: Orinda Senior Village completed in 1983 and Monteverde Senior Apartments built in 2014.

My mother was one of the original residents of Orinda Senior Village when it opened in 1983. She thrived during her time in the OSV community. Over the years, I and other members of Orinda Community Church saw the need for additional affordable senior housing and envisioned all the aspects connected with the current Vista Verde Project.

I urge the Council to vote AYE in favor of the various parts of this application that together constitute an approval of the project.

G.1.m
Packet Pg. 243 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) 2 Sincerely,
Babs Winbigler
Member of Orinda Community Church
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Packet Pg. 244 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) 1 Drummond Buckley
From: Sheri Smith
Sent: Wednesday, August 3, 2022 10:44 AM
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: Vista Verde project
From: Gene Chow [mailto:[email protected]]
Sent: Wednesday, August 3, 2022 9:46 AM
To: Sheri Smith <[email protected]>
Subject: Vista Verde project
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments! August 3, 2022

To: Orinda City Council (via email)

Re: City Council Regular Meeting – 8/16/2022
Item - Application for Vista Verde Project by Orinda Senior Housing Foundation

Dear Mayor Fay and Honorable Councilmembers:

I write today in support of the City Council’s approval of the application for the Vista Verde project.

I have been an Orinda resident for 30 years. I urge the Council to approve this worthy project, which brings much-needed 100% affordable housing for seniors to Orinda.

After raising two children in Orinda, my wife and I are nearing retirement and senior issues have become more important to us. We support a diverse community in Orinda with denser housing downtown that is seniorfriendly.

I urge the Council to vote AYE in support of this application.

Sincerely,

Eugene Chow
38 Calvin Dr.

Orinda, CA
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Packet Pg. 245 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) 1 Drummond Buckley
From: Sheri Smith
Sent: Wednesday, August 3, 2022 10:45 AM
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: Vista Verde
From: Judy Stillman [mailto:[email protected]]
Sent: Wednesday, August 3, 2022 9:56 AM
To: Sheri Smith <[email protected]>
Subject: Vista Verde
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments! To: Orinda City Council,
I want to encourage you to accept the application for the building of Vista Verde, a project of Orinda Community Church. We know that housing is a grave issue for the entire United States at this time, but especially for seniors and homeless. I preside over the Summit meeting of the Winter Nights Homeless Family Shelter. In addition to the Shelter, we have another program which is the Safe Park Program. It is heartbreaking to see seniors, some who are disabled, living in their cars. A project like Vista Verde would help some of those seniors.

Thank you for your support for this project.

Sincerely,
Judy Stillman, retired
Winter Nights Family Shelter, Inc.

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Packet Pg. 246 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) 1 Drummond Buckley
From: Sheri Smith
Sent: Tuesday, August 2, 2022 2:06 PM
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: Vista Verde Project by Orinda Senior Housing Foundation From: Woody Karp [mailto:[email protected]]
Sent: Tuesday, August 2, 2022 11:05 AM
To: Sheri Smith <[email protected]>
Subject: Vista Verde Project by Orinda Senior Housing Foundation CAUTION: This email is from an external source. Be careful when clicking links or opening attachments! To: Orinda City Council (Via Email)

Re: City Council Regular Meeting – 8/16/2022
Item - Application for Vista Verde Project by
Orinda Senior Housing Foundation
Dear Mayor Fay and Honorable Councilmembers:

I write today in support of the City Council’s approval of the application for the Vista Verde project.

I have lived in Orinda for the past 35 years. Prior to my retirement, I had the pleasure of working as a project manager for Eden Housing, the non-profit developer of Monteverde Senior Housing. Throughout the 8 years it took to bring Monteverde to fruition, Orinda Community Church was one of its strongest supporters. It even donated land for a public parking lot to offset the loss of public parking from the former library site. More importantly, Orinda Community Church has a proven track record managing Orinda G.1.m
Packet Pg. 247 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) 2 Senior Village - the only other senior affordable housing development in Orinda.

I urge the Council to approve this worthy project, which brings muchneeded 100% affordable housing for seniors to Orinda.

We desperately need affordable housing in the Bay Area and it is the responsibility of every community to do its fair share. This infill site is proximate to the other senior affordable communities and close to the types of services and resources critical to the residents needs.

I urge the Council to vote AYE in favor of the various parts of this application that together constitute an approval of the project.

Sincerely,
Woody Karp
11 Oak Drive
Orinda, CA
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Packet Pg. 248 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) From: Sheri Smith
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: Letter in SUPPORT of the City Council"s approval of the application for the Vista Verde project Date: Wednesday, August 3, 2022 9:32:16 AM
From: Joyce Crawford [mailto:[email protected]]
Sent: Tuesday, August 2, 2022 5:32 PM
To: Sheri Smith <[email protected]>
Subject: Letter in SUPPORT of the City Council's approval of the application for the Vista Verde project
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
August 2, 2022
To: Orinda City Council (Via Email)
Re: City Council Regular Meeting – 8/16/2022
Item - Application for Vista Verde Project by
Orinda Senior Housing Foundation
Dear Mayor Fay and Honorable Councilmembers:

I write today in support of the City Council’s approval of the application for the Vista Verde project.

I have lived in Orinda since 1982, and raised two daughters who attended and graduated from the Orinda Unified School District.

I have been employed in the Bay Area and also attended many of Orinda’s youth sporting events, community activities, and, currently since 2005, been an active member of the Orinda Community Church. I have enjoyed strong relationships with many seniors who currently live at Orinda Senior Village and also live within the Orinda community. I urge the Council to approve this worthy project, which brings much-needed 100% affordable housing for seniors to Orinda.

The Foundation has carefully designed this new community of 52 apartments with the express goal of helping the City of Orinda G.1.m
Packet Pg. 249 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) meet its obligations to provide such housing under the Housing Element of the City’s General Plan. Vista Verde will provide 13 apartments (25% of project) to moderate income, 30 apartments (59%) to low-income, and 8 apartments (16%) to very low income senior residents. The project was designed to be built as an “infill” building on a highly desirable vacant site downtown, purposely located adjacent to two existing affordable senior communities: Orinda Senior Village completed in 1983 and Monteverde Senior Apartments built in 2014.

I believe that a socially integrated community is important in presenting an accurate picture of our society, thereby fostering compassion and empathy for all people. To include seniors who live on a low income would be a fair and accurate inclusion of a frequently overlooked segment of our society.

I urge the Council to vote AYE in favor of the various parts of this application that together constitute an approval of the project.

Sincerely,
Joyce Crawford
Orinda, CA
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Packet Pg. 250 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) From: Sheri Smith
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: Vista Verde Project
Date: Monday, August 1, 2022 2:49:02 PM
From: Roger Samuelsen [mailto:[email protected]]
Sent: Monday, August 1, 2022 12:02 PM
To: Sheri Smith <[email protected]>
Subject: Vista Verde Project
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
Dear Mayor Fay and Honorable Councilmembers:

As a member for over 50 years of the Orinda Community Church, I join my fellow members and others in the community in urging the City Council’s approval of the Vista Verde Project.

The Orinda Senior Housing Foundation has carefully designed this new community of 52 apartments with the express goal of helping the City of Orinda meet its obligations to provide such housing under the Housing Element of the City’s General Plan. Vista Verde will provide 13 apartments (25% of project) to moderate income, 30 apartments (59%) to low-income, and 8 apartments (16%) to very low income senior residents.

Our church has played an indispensable role over the years in the development of two existing affordable senior communities: Orinda Senior Village completed in 1983 (the church donated the underlying land) and Monteverde Senior Apartments built in 2014 (the church provided additional parking space in close proximity). In doing so, it has furthered its outreach to the community and advanced its social justice mission. My wife and I have been very supportive of these projects.

I urge the Council to vote AYE in favor of the various parts of the application that is before you.

Sincerely,
Roger Samuelsen
Lafayette CA
Roger Samuelsen
925/283-6071 (tel)
925/708-0237 (cell)
Please use [email protected] for future email messages G.1.m
Packet Pg. 251 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) From: Sheri Smith
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: City Council Regular Meeting - 8/16/2022 - Application for Vista Verde Project by Orinda Senior Housing Foundation
Date: Monday, August 1, 2022 4:00:49 PM
From: Liz Reardon [mailto:[email protected]]
Sent: Monday, August 1, 2022 3:20 PM
To: Sheri Smith <[email protected]>
Subject: City Council Regular Meeting - 8/16/2022 - Application for Vista Verde Project by Orinda Senior Housing Foundation
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
August 1, 2022
Dear Mayor Fay and Honorable Councilmembers:

I write today in support of the City Council’s approval of the application for the Vista Verde project.

We have lived in Orinda since 1999, and have raised all 3 of our children in this wonderful community. Our
friends and neighbors here have become family, and an
amazing support system for us. We plan to grow old in
our lovely Orinda. I urge the Council to approve this
worthy project, which brings much-needed 100%
affordable housing for seniors to Orinda.

The Foundation has carefully designed this new
community of 52 apartments with the express goal of
helping the City of Orinda meet its obligations to provide such housing under the Housing Element of the City’s
General Plan. Vista Verde will provide 13 apartments
(25% of project) to moderate income, 30 apartments
(59%) to low-income, and 8 apartments (16%) to very
low income senior residents. The project was designed
to be built as an “infill” building on a highly desirable G.1.m
Packet Pg. 252 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) vacant site downtown, purposely located adjacent to two existing affordable senior communities: Orinda Senior
Village completed in 1983 and Monteverde Senior
Apartments built in 2014.

My husband Mark and I strongly support the Vista Verde
project so that people can either stay in the community that they love, or make Orinda accessible to an older
demographic that are seeking a safe, warm
and welcoming community. It is critical that we all do our best to give back to our older community who need
support. Vista Verde is a wonderful solution. I urge the Council to vote AYE in favor of the various parts of this application that together constitute an approval of the project.

Sincerely,
Liz and Mark Reardon
Orinda, CA
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Packet Pg. 253 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) From: Sheri Smith
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: Vista Verde
Date: Monday, August 1, 2022 9:29:59 AM
From: Jeane Samuelsen [mailto:[email protected]]
Sent: Monday, August 1, 2022 9:01 AM
To: Sheri Smith <[email protected]>
Subject: Vista Verde
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
Dear Mayor Fay and Honorable Councilmembers:

I write today in support of the City Council’s approval of the application for the Vista Verde project.

I have lived in Contra Costa for 50 plus years and have been a member of Orinda Community Church for 50 years. I have been involved in church leadership as we have worked with the City of Orinda developing both OSV and Monteverde Senior Apartments. We are proud of both these projects and I feel Vista Verde will be the perfect completion of our hillside communities.

I have made a number of friends in these facilities and understand their appreciation for the great location and the community that has developed on the hill.

I urge the Council to vote AYE in favor of the various parts of this application that together constitute an approval of the project.

Sincerely,
Jeane Samuelsen
Lafayette, CA
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Packet Pg. 254 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) From: Sheri Smith
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: Vista Verde Project
Date: Monday, August 1, 2022 9:12:07 AM
From: Elizabeth Robinson [mailto:[email protected]] Sent: Saturday, July 30, 2022 5:17 PM
To: Sheri Smith <[email protected]>; Anne Barr <[email protected]>; Mead Chris <[email protected]>
Subject:

CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
Dear Mayor Fay and Honorable Councilmembers:

I write today in support of the City Council’s approval of the application for the Vista Verde project.

As the Pastor of Orinda Community Church, I am aware
of the significant work the church and Orinda citizens
have done to support affordable housing for seniors, and I feel that the Vista Verde is an excellent way both to support vulnerable seniors and to enrich the Orinda
community. Through its support of this project, Orinda is taking active steps to address the Bay Area Housing
crisis and will serve as a positive model for other local communities.

I urge the Council to approve this worthy project, which brings much-needed 100% affordable housing for
seniors to Orinda.

The Foundation has carefully designed this new
community of 52 apartments with the express goal of
helping the City of Orinda meet its obligations to provide such housing under the Housing Element of the City’s
General Plan. Vista Verde will provide 13 apartments
(25% of project) to moderate income, 30 apartments
(59%) to low-income, and 8 apartments (16%) to very
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Packet Pg. 255 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) low income senior residents. The project was designed
to be built as an “infill” building on a highly desirable vacant site downtown, purposely located adjacent to two existing affordable senior communities: Orinda Senior
Village completed in 1983 and Monteverde Senior
Apartments built in 2014.

Prior to becoming the Senior Pastor at Orinda
Community Church, I worked full time for six years with unhoused people and, at that time, became aware that
seniors are the fastest growing population of homeless
people. I am deeply encouraged to see Orinda taking
steps toward supporting our most vulnerable
populations.

I urge the Council to vote YES in favor of the various
parts of this application that together constitute an
approval of the project.

Sincerely,
Rev. Elizabeth Robinson
Orinda Community Church
Orinda, CA
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Packet Pg. 256 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) From: Sheri Smith
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: Support Letter for Application for Vista Verde Project by OSHF Date: Monday, August 1, 2022 9:13:39 AM
From: Kathleen Wiegand [mailto:[email protected]]
Sent: Sunday, July 31, 2022 2:30 PM
To: Sheri Smith <[email protected]>
Subject: Support Letter for Application for Vista Verde Project by OSHF CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
August 1, 2022
To: Orinda City Council (Via Email)
Re: City Council Regular Meeting – 8/16/2022
Item - Application for Vista Verde Project by
Orinda Senior Housing Foundation
Dear Mayor Fay and Honorable Council members:

I write today in support of the City Council’s approval of the application for the Vista Verde project. I’ve lived in Orinda for 36 years, raised a family here, and have been a member of the Church Council of Orinda Community Church for the past 7 years. I urge the Council to approve this worthy project, which brings much-needed 100% affordable housing for seniors to Orinda.

The Foundation has carefully designed this new community of 52 apartments with the express goal of helping the City of Orinda meet its obligations to provide such housing under the Housing Element of the City’s General Plan. Vista Verde will provide 13 apartments (25% of project) to moderate income, 30 apartments (59%) to low income, and 8 apartments (16%) to very low income senior residents. The project was designed to be built as an “infill” building on a highly desirable vacant site downtown, purposely located adjacent to two existing affordable senior communities: Orinda Senior Village completed in 1983 and Monteverde Senior Apartments built in 2014. This project fits well with our church’s mission of helping others and supporting our local community and its needs. Adequate, reasonably priced housing is a huge problem in the Bay Area and in all of California and we should act now to help meet this ever-growing need.

I urge the Council to vote AYE in favor of the various parts of this application that together constitute an approval of the project.

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Packet Pg. 257 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) Sincerely,
Kathleen Wiegand
2 Westover Ct
Orinda, CA 94563-4215
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Packet Pg. 258 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) From: Sheri Smith
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: Support Letter for Application for Vista Verde Project by OSHF Date: Monday, August 1, 2022 9:14:03 AM
From: Gene Friedman [mailto:[email protected]]
Sent: Sunday, July 31, 2022 2:33 PM
To: Sheri Smith <[email protected]>
Subject: Support Letter for Application for Vista Verde Project by OSHF CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
August 1, 2022
To: Orinda City Council (Via Email)
Re: City Council Regular Meeting – 8/16/2022
Item - Application for Vista Verde Project by
Orinda Senior Housing Foundation
Dear Mayor Fay and Honorable Council members:

I write today in support of the City Council’s approval of the application for the Vista Verde project. I’ve lived in Orinda for 36 years, raised a family here, and have attended Orinda Community Church for the past 7 years. I urge the Council to approve this worthy project, which brings much-needed 100% affordable housing for seniors to Orinda.

The Foundation has carefully designed this new community of 52 apartments with the express goal of helping the City of Orinda meet its obligations to provide such housing under the Housing Element of the City’s General Plan. Vista Verde will provide 13 apartments (25% of project) to moderate income, 30 apartments (59%) to low income, and 8 apartments (16%) to very low income senior residents. The project was designed to be built as an “infill” building on a highly desirable vacant site downtown, purposely located adjacent to two existing affordable senior communities: Orinda Senior Village completed in 1983 and Monteverde Senior Apartments built in 2014. This project is a wonderful way of supporting our local community and its needs. Adequate, reasonably priced housing is a huge problem in the Bay Area, and all of California, and we need to act now to help meet this expanding need.

I urge the Council to vote AYE in favor of the various parts of this application that together constitute an approval of the project.

Sincerely,
G.1.m
Packet Pg. 259 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) Eugene Friedman
2 Westover Ct
Orinda, CA 94563-4215
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Packet Pg. 260 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) July 31, 2022
To: Orinda City Council
Re: City Council Regular Meeting- Aug 16, 2022
Item: Application for Vista Verde Project by Orinda Senior Housing Foundation Dear Honorable Council Members:

I write today in support of the City Council’s approval of the application for the Vista Verde project.

I have lived in Orinda since 1970 when my husband and I moved here with two small children from the midwest. We treasured our early years here raising three children, and during that time my husband was very involved in developing soccer in Orinda, developing Orinda Soccer Club, chairing Sleepy Hollow’s swim program, and developing the Booster’s Club at Miramonte HS. I am an educator – first volunteering at Sleepy Hollow School, then teaching math at Miramonte as a sub for a term, then teaching, leading college counseling and becoming head of The Athenian School for 17 years. We both cared deeply for Orinda as a strong community devoted to all who live here, and have regretted that Orinda’s cost of living has escalated so much that many are deprived the opportunity to live in this great place. It is with this background that I (my husband passed away last year) endorse this worthy project, which brings much-needed 100% affordable housing for seniors to Orinda.

The Foundation has carefully designed this community of 52 apartments with the express goal of helping the City of Orinda meet its obligations under the Housing Element of the City’s General Plan.

Its location, on a highly desirable vacant site downtown, is ideally located within walking distance of stores, walks and restaurants- such important features for seniors.

I believe very strongly in projects such as this that meet Orinda’s needs as well as society’s.

I urge the Council to vote in favor of the various parts of this application that together constitute an approval of the project.

Sincerely,
Eleanor Dase
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Packet Pg. 261 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) July 30, 2022
To: Orinda City Council (Via Email)
Re: City Council Regular Meeting – 8/16/2022
Item - Application for Vista Verde Project by Orinda Senior Housing Foundation Dear Mayor Fay and Honorable Councilmembers:

I write today in support of the City Council’s approval of the application for the Vista Verde project.

I have been a resident of Orinda for the past 22 years, a member of Orinda community Church (OCC), a past board member of Orinda Senior Village (OSV) and a close residential neighbor (Mira Loma Rd) of the proposed Vista Verde project. AT OCC, we are grateful to the city of Orinda to have been able to pursue our mission to support lowcost senior housing through projects like OSV. The new Vista Verde project is an important part of expanding our mission, It has been designed to provide the senior residential community with 52 new apartments for moderate, low and very low income seniors, and to help support the city’s obligations to provide such housing under the Housing Element of the City’s General Plan.

As a resident very close to the proposed new project, I have engaged our neighbors in support of this project to provide affordable housing. The project is well designed and will be a welcome addition to the Orinda community.

I urge the Council to vote AYE in favor of the various parts of this application that together constitute an approval of the project.

Sincerely,
William L Abriel
51 Mira Loma Rd.

Orinda, CA
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Packet Pg. 262 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) 1 Drummond Buckley
From: Sheri Smith
Sent: Friday, July 29, 2022 4:28 PM
To: Amy Worth; Darlene Gee; Dennis Fay; Inga Miller; Nick Kosla Cc: David Biggs; Drummond Buckley
Subject: FW: The Vista Verde Project!!
From: Marcie Tuttle [mailto:[email protected]]
Sent: Friday, July 29, 2022 4:15 PM
To: Sheri Smith <[email protected]>
Subject: The Vista Verde Project!!
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!

July 29, 2022
To: Orinda City Council (via email)

Re: City Council Regular Meeting – 8/16/2022
Item - Application for Vista Verde Project by
Orinda Senior Housing Foundation
Dear Mayor Fay and Honorable Councilmembers:

We write today in support of the City Council’s approval of the application for the Vista Verde project.

We have lived in Orinda for almost 25 years. Both our kids attended Orinda’s schools from kindergarten through high school. We love Orinda!! It is with that in mind that I urge the Council to approve this worthy project, which brings much-needed 100% affordable housing for seniors to Orinda.

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Packet Pg. 263 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) 2 The Foundation has carefully designed this new community of 52 apartments with the express goal of helping the City of Orinda meet its obligations to provide such housing under the Housing Element of the City’s General Plan. Vista Verde will provide 13 apartments (25% of project) to moderate income, 30 apartments (59%) to low-income, and 8 apartments (16%) to very low income senior residents. The project was designed to be built as an “infill” building on a highly desirable vacant site downtown, purposely located adjacent to two existing affordable senior
communities: Orinda Senior Village completed in 1983 and Monteverde Senior Apartments built in 2014.

Let’s do our part to ease the state-wide senior housing crisis. The building looks lovely and clearly has been designed to fit into the surrounding area. Seniors deserve to live in affordable housing in our beautiful town!!
We urge the Council to vote AYE in support of this application.

Sincerely,
Mark and Marcie Tuttle
20 Hillcrest Drive, Orinda, CA 9456
Sent from my iPad
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Packet Pg. 264 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) From: [email protected]
To: Orinda Planning
Subject: Comment on Vista Verde draft MND"s traffic impact analysis Date: Wednesday, July 13, 2022 2:11:04 PM
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
Dear Orinda city planning staff,
I write to object to the draft mitigated negative declaration (MND) for the proposed Vista Verde project at Irwin Way. Specifically, I believe the draft document's assessment of traffic impacts on pedestrian safety is deficient.

Section XVII of the MND stated that the project will have no significant impact on the following: "Substantially increase hazards due to geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)".

Yet the project will increase vehicular traffic at an already hazardous intersection, where Irwin Way meets Orinda Way at a steep "T" intersection. As the draft MND itself stated, "It should be noted that there is a steep grade along Irwin Way, which may be difficult for some residents of the proposed project to transverse." As a result of this steep grade, vehicles coming down the hill typically have a difficult time coming to a full stop at the crosswalk at the bottom.

Furthermore, because of the T-shaped intersection, drivers tend to look into the vehicle lanes for traffic but often fail to see pedestrians at the sidewalk. They will often roll through the stop sign, putting pedestrians at risk.

The added traffic from Vista Verde will only worsen the danger. Section A of the MND traffic analysis indicated that the "project is expected to generate 11 AM peak-hour trips and 13 PM peak hour trips," in addition to current traffic patterns, and "most of the vehicle traffic will consist of passenger cars with some truck traffic for delivery or garbage collections" (see Section C). These additional vehicle and truck trips (not including off-peak traffic) will add to the current dangerous pedestrian environment at the intersection, putting lives at risk.

I am a neighbor of the project at 9 La Plaza Drive and have three children. Along with others from the neighborhood, including other children, we regularly cross this intersection to get from our pedestrian-oriented neighborhood to the Orinda Community Center, park, and other downtown amenities. I am concerned about the lack of attention in this document to pedestrian safety at this intersection and believe the City should require a safer pedestrian crossing point, such as through electronic signals and flashing crosswalk lights or a stop light.

The draft MND's lack of consideration for these pedestrian impacts along with necessary mitigation measures makes this document deficient and in need of correction.

Thank you for your attention.

Sincerely,
Ethan Elkind
9 La Plaza Drive
Orinda CA 94563
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Packet Pg. 265 Attachment: Written Public Correspondence After July 12 Planning Commission Meeting (2879 : City Council Report First Reading Vista Verde) City Council
Staff Report
Agenda Item: G.2
Date: August 16, 2022
Department: Planning Department
AGENDA TITLE: Wilder Annual Review
RECOMMENDATION:

Conduct a public hearing to determine whether OG Property Owners, LLC (“OGLLC”), the entity that owns the Wilder property, is in substantial compliance with the terms of the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley (“DA”) as amended. Staff recommends that the City Council find, based on all of the evidence set forth below, that OGLLC has not complied in good faith with the DA and related approvals. Staff further recommends that the City Council direct OGLLC to bring its performance into good faith compliance with the DA, as specified below, by October 11, 2022. Staff further recommends that OGLLC provide a written report to the City on or before September 6, 2022 describing the actions it has taken to date to cure the defaults identified by the City Council on August 16, 2022 and that OGLLC appear before the City Council on September 27, 2022 to address the further actions required to bring OGLLC into good faith compliance with the DA.

BACKGROUND:

Gateway Development Agreement
On November 15, 1994, the City Council entered into a development agreement with Pacific New Wave Corporation (“PNW”) setting forth terms related to the development of Gateway Valley, located south of SR 24 and Gateway Boulevard. OGLLC, which acquired the Gateway Property in November 1996 as the successor to PNW, is bound by the terms of the 1994 Development Agreement, as amended.

On March 15, 2005, the City Council approved the Second Amendment to the Development Agreement which provides for development of up to 245 detached singlefamily residences, and contains provisions for five on-site City playfields, parks, open space, trails, and a community Art and Garden Center (“A&G Center”). The DA also provides the City with substantial financial contributions toward the A&G Center and other community amenities.

Since 2005, there have been six additional amendments to the DA. The Seventh DA Amendment, approved in 2016, and the Eighth DA Amendment, approved in 2018, made significant changes to the Wilder Project. The Seventh DA Amendment approved the Wilder Residential Development Standards and Design Review Process that govern the design, the development, and the process for reviewing plans for new homes in the Wilder Project. This Amendment also specified the components of the Art & Garden Center facility and relocated it to Wilder Park. In addition, OG committed to developing a G.2
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trailhead area at the former Art & Garden Center location, the Red-tailed Hawk Staging Area. The Eighth DA Amendment, among other changes, included the adoption of the “Wilder 2018 Circulation Plan,” which depicts the system of trails, paths, roads, meanders and neighborhood connections throughout the Wilder Project. The Wilder 2018 Circulation Plan replaced and superseded the text and figures in the Development Agreement, Final Development Plan, the four Final Maps, and the Final Landscape Master Plan.

Wilder Project’s Financial History
In December 2005, Farallon Capital Partners (“Farallon”) proposed to transfer a 50% equity share of OGLLC to WSC Orinda Gateway Investors IV, LLC (“Walton”). DA section 10.3.2 provides that a Transferee acquiring more that 25% of the beneficial ownership interest in OGLLC must be “capable financially of performing Orinda Gateway, LLC’s obligations under this Agreement and any other agreements relating to the interest proposed to be Transferred . . . .” Keyser Marston conducted a review of the proposed transfer and concluded that the contemplated transfer would not adversely affect the City’s rights under the DA. It was also contemplated at this time that Merrill Lynch would provide debt financing for the Wilder Project (“Project”). Thereafter, Walton provided equity financing and Merrill Lynch provided debt financing as work on the Project proceeded.

In the first quarter of 2009, Merrill Lynch sued seeking to foreclose on the Deed of Trust for the Wilder property and to have the Court appoint a receiver. In addition, three lien holders filed legal actions and 24 liens were recorded against the property. In July 2009, Farallon and its new partner, Greenfield Partners (“Greenfield”) bought the Merrill Lynch debt out of foreclosure. Walton did not contribute to the Merrill Lynch buyout and therefore its ownership interest was reduced to 0% Under a 2010 restructuring of OGLLC, Cherokee Investment Partners IV, LP (“Cherokee”) was brought in as a 50% equity owner. Thereafter OGLLC’s capital contributions to complete the Project would be made on a 50/50 basis between Cherokee and Farallon/Greenfield. See Keyser Marston Associates December 16, 2010 Memorandum (“Assessment of Financial Risk to the City of Orinda from the Proposed Restructuring of Orinda Gateway, LLC (Attachment A) to this Staff Report). In addition to the equity owners of OGLLC, Brooks Street is a non-equity, non-voting member responsible for the management of the Project.

It appears that no liens at present have been recorded against the property.

DISCUSSION:

Annual Review Process
Annual Review of the DA is mandated by Government Code section 65865.1. Article 6 of the DA sets forth detailed procedures for this annual review, beginning with OGLLC’s submittal of a report setting forth its “good faith compliance with the [DA’s] terms and conditions.” OGLLC’s report shall be accompanied by documents and other information reasonably necessary to enable the City Manager to prepare his staff report to the City G.2
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Council on OGLLC's good faith compliance with the terms of the DA, DA § 6.2. DA section 6.3 provides that the City Manager shall review the annual review report “to ascertain whether Orinda Gateway LLC has complied in good faith with the terms of this Agreement, and shall prepare a staff report to the City Council on the City Manager’s conclusions and recommendations.” As noted below, OGLLC has not submitted its required Annual Review Report to the City.

The City Council is required to conduct a public hearing at which OGLLC and any other interested persons may submit evidence, written or oral, and may address all of the issues that are raised in this staff report or that are relevant to the issue of OGLLC’s good faith compliance with the DA. DA § 6.4. After considering all of the evidence at the public hearing, the City Council shall determine, on the basis of substantial evidence, whether OGLLC has complied in good faith with the terms and conditions of the DA and related approvals and agreements. The meaning of the term “good faith” varies somewhat with the context in which it is used. However, courts often apply rules of contract interpretation in interpreting development agreements. “Good faith performance or enforcement of a contract emphasizes faithfulness to an agreed common purpose and consistency with the justified expectations of the other party; it excludes a variety of types of conduct characterized as involving ‘bad faith’ because they violate community standards of decency, fairness or reasonableness.” Restatement (Second) of Contracts § 205, Comment a (1979). See also definition of “good faith” in Black’s Law Dictionary:
“A state of mind consisting in (1) honesty in belief or purpose, (2) faithfulness to one’s duty or obligation, (3) observance of reasonable commercial standards of fair dealing in a given trade or business, or (4) absence of intent to defraud or to seek unconscionable advantage.”
OGLLC is responsible for all costs that the City reasonably incurs for the annual review process. DA § 6.6.1.

Despite numerous communications between the City and Bruce Yamamoto of Brooks Street, OGLLC’s management partner, regarding the Annual Review, including OGLLC’s request to postpone the date of the Annual Review public hearing, OGLLC has failed to provide the City with the developer’s required Annual Review report identifying the status of OGLLC’s compliance with the DA’s terms and conditions. DA §6.2. In its absence, City staff is providing the following information available to it regarding the status of the Project’s compliance with the DA.

City staff will be available during the August 16, 2022 public hearing to answer questions regarding OGLLC’s compliance with the DA. At this time, the City does not know whether a representative of OGLLC will be at the City Council hearing on August 16, 2022.

OGLLC’S Notice of Wilder Project Close Out
The City received a letter on July 20, 2022 from Ira D. Lebovic, attorney for OGLLC, stating that OGLLC “has no remaining resources or funds and that it is forced “to halt further activities and initiate exiting the property.” Mr. Lebovic’s July 20, 2022 letter is Attachment B to this Staff Report. After detailing the Project’s “[n]otable achievements,” G.2
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the letter concludes by stating that “OGLLC believes that it has met both the spirit and intent of the approval documents” and that it wishes “to discuss a mutually agreeable process to exit the Project immediately.”
Status of Home Development
OGLLC, as of March 2020, no longer owned fee title to any of the 245 residential lots in Wilder. 221 of the 245 lots have completed homes on them, of which 220 are occupied. 14 homes are under construction. One New Home Conceptual Design Review application is pending, and one New Home Full Design Review application is pending.

OGLLC’S COMPLIANCE WITH THE DA
Subdivision Improvements
Section 6 of the Subdivision Improvement Agreement (“SIA”) requires the developer to complete all of the improvements within each final map phase prior to issuance of the first certificate of occupancy for the first building within that phase. However, Section 7 of the SIA allows the City, in its sole discretion, to extend the time for completion of improvements. To receive an extension from the City, the developer must show good cause for the extension and provide evidence that sufficient security will remain in place during the term of the extension.

On December 15, 2021, the City Council extended the time by which OGLLC must complete improvements within all four phases of the subdivision (Final Maps 9074, 9222, 9223, and 9224) to December 31, 2022 in order for OGLLC to complete improvements that the City, the GHAD and other agencies have identified (e.g. the Redtailed Hawk Staging Area, sidewalks in front of homes, and closure of the soil disposal area.)
OGLLC has provided bonds to guarantee construction of the improvements within all four phases of the subdivision as well as the landscaping. At present, the remaining bonds to guarantee the completion of the Project improvements total approximately $3,600,000. DA Section 4.12.1 provides that if OGLLC “fails to perform any obligation in accordance with the applicable provisions of this Agreement, or any City Approval or Improvement Agreement, as to which Security has been posted to secure such performance, then, subject to any notice and cure rights with respect thereto contained in this Agreement or any applicable City Approval or Improvement Agreement, the City shall have the absolute, unconditional and unilateral right to draw down on the Security for use by the City for the purposes for which such Security was posted.” In addition, the City may complete the required improvements and OGLLC is required to pay all of the associated costs and charges together with a 15% overhead charge. DA §15.

Closure of Soil Disposal Area
The DA provides that “OGLLC shall retain ownership of the Soil Disposal Area until the soil disposal activities are complete, the City has inspected the soil placed in the Soil Disposal Area and determined that the Soil Disposal Area is stable, and the area has G.2
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been appropriately hydroseeded to prevent erosion.” Bruce Yamamoto has advised that OGLLC is allowing Taylor Morrison to deposit soil at the soil disposal area thru August 2022 and that soil compaction at the site is ongoing. The City must determine that the site is stable and has been hydroseeded before the City and the GHAD will accept the Soil Disposal Area and the GHAD will maintain this area.

Wilder Road
The City Council on December 14, 2021 accepted OGLLC’s offer of dedication in fee of the entirety of Wilder Road as a public street as set forth and described on Subdivision Map 9074. Wilder Road extends throughout the Project and includes three bridges over the roadway. In June 2021, the City also accepted the Project’s storm drain system under the Wilder Road right of way. OGLLC is required to maintain Wilder Road in good condition and repair until one (1) year after the City’s acceptance of these improvements. (The GHAD maintains the storm drain system per the Plan of Control.) The City recently retained DeSilva Gates to provide centerline striping on the portion of Wilder Road from the Project entrance at Orinda Fields Lane to the intersection of Wilder Road and Bigleaf Road. OGLLC agreed to pay one-half of the estimated cost to stripe the road, which is expected to be $11,700. Therefore OGLLC’s agreed-upon one half payment to the City is expected to be $5,850.

Sidewalks
As of August 1, 2021, OGLLC had completed all sidewalk improvements except for sidewalks at five (5) Taylor Morrison lots and at eight (8) custom home lots. See Exhibit 1 Depicting Lots Requiring Sidewalk Installation (Attachment C to this Staff Report). The City has been assured that the sidewalks at the Taylor Morrison homes would be completed given that Taylor Morrison would be unable to receive a certificate of completion for a home that does not have its sidewalk constructed. As of the end of 2021, Taylor Morrison was scheduled to deliver their final home in Fall 2022. Bruce Yamamoto stated on June 21, 2022 that the sidewalks could be finished by the end of the year.

Red-Tailed Hawk Staging Area and T28 Trail
The DA requires OGLLC to design and construct a Trailhead Respite Area, known as the Red-Tailed Hawk Staging Area on Parcel II. Although the design of the Staging Area has been approved and OGLLC has the building permits required for construction, the Staging Area remains undeveloped. OG has stated that it does not want to install the bathroom, drinking fountain, etc. at the Staging Area until it has granted an access easement to EBRPD so that the District is responsible for the operation and maintenance of this area.

EBRPD and OGLLC had been discussing a possible new alignment for the T-28 trail that will connect the Staging Area to the Western Hills Open Space Area. However, on August 1, 2022, EBRPD staff e-mailed Bruce Yamamoto to advise him that “Park District staff have decided to have OG build the T-28 trail alignment that was approved G.2
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by the resource agencies. Since this alignment would skirt some sensitive resources, we’d like to request that OG install some fencing and signage to ensure that trail users stay on the designated trail. Signs would indicate that the area is a sensitive resource area, please stay on trails.”
Improvement Plans and Signage and Lighting Plan
The Eighth DA Amendment requires OGLLC to modify the Project’s Improvement Plans and the Signage and Lighting Plan to be consistent with the Wilder 2018 Circulation Plan. The Public Work’s Director reviews the Improvement Plans and will approve them if they are consistent. In the summer of 2021, OGLLC advised the City that the Improvement Plans were being prepared and would be submitted shortly. However, as of this report, it does not appear that OGLLC has submitted the Improvement Plans to the City for approval.

The Eighth DA Amendment requires the updated Signage and Lighting Plan to “ensure pedestrian, bicycle and vehicular safety and wayfinding” and to be “subject to the review and approval of the Planning Director, in consultation with the Public Works Director, the Director of Parks and Recreation, and East Bay Regional Park District.” The 2021 Annual Review Report stated that “EBRPD has agreed to conceptual designs and OGLLC anticipates implementing the Signage and Lighting Plan in 202l.” However, the Plan has not yet been fully implemented.

GHAD Acceptance of Parcels and Storm Drain System
In 2017 and 2021, OGLLC initiated the transfer process by providing the GHAD Manager with transfer applications for selected parcels (“Transfer Parcels”) within the Wilder development. On December 3, 2019, June 15, 2021, and June 21, 2022, the GHAD Board accepted transfer of Plan of Control responsibilities for selected parcels within the Wilder development with the approval of Resolution Nos. 03-19, 03-21, and 06-22, respectively.

On August 3, 2022, the GHAD sent OGLLC a summary letter of the items remaining prior to transfer of additional Plan of Control responsibilities for those Transfer Parcels that have not yet been accepted. The GHAD’s August 3, 2022 letter is Attachment D to this Staff Report. The GHAD has not yet taken ownership or Plan of Control responsibilities of any GHAD-owned parcels. Moreover, as the Final Resource Management Plan requirements have not been completed, the GHAD has not taken Plan of Control or Long-Term Resource Management Plan responsibilities for parcels included within a conservation easement.

At its June 15, 2021 meeting, the GHAD Board of Directors accepted the storm drain improvements within the Wilder Road right-of-way. Under DA Section 4.5.4.(a), OGLLC is required to maintain and repair each public improvement constructed or installed by OGLLC for one year after acceptance of dedication of such public improvement by the GHAD. Thereafter, the GHAD is responsible for GHAD-maintained storm drain improvements on parcels where the GHAD has accepted Plan of Control responsibilities.

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Reimbursement of City’s Costs and Expenses
DA Section 15.15 provides that “Whenever, under this Agreement, Orinda Gateway, LLC is required to reimburse the City for costs and expenses, Orinda Gateway, LLC shall effect such reimbursement within thirty (30) days after receiving an invoice or demand from the City for the amount of such reimbursement with appropriate substantiation therefor.” This section further states that ”[r]egardless of whether this Agreement provides for reimbursement by Orinda Gateway, LLC to the City of costs and expenses, Orinda Gateway, LLC shall reimburse the City for all costs and expenses incurred by the City in connection with any action reasonably taken by the City pursuant to this Agreement , , , ,”
OGLLC deposited $60,000 (“Deposit”) with the City to pay the City’s costs as required by Section 4(a) of the 2009 Reimbursement Agreement between OGLLC and the City (“Reimbursement Agreement”.) The Reimbursement Agreement is Attachment E to this Staff Report. Section 4(b) of the Reimbursement Agreement further provides that the Deposit shall be restored within 15 days of OGLLC’s receipt of the City’s billing statement for the Project.

As of August 3, 2022, OGLLC is obligated to reimburse the City $19,983.00 in costs and expenses pursuant to invoices that the City sent to OGLLC between February 2022 and July 2022. $6,826.00 of the total was due to be paid to the City more than thirty (30) days ago. Accordingly, OGLLC is obligated to pay interest on this amount from the due date until it is paid. See DA § 15.16. Going forward, OGLLC will be responsible for reimbursing the City for its costs and expenses related to this Annual Review and to all efforts to ensure that OGLLC satisfies its obligations under the DA and the SIA.

BART Shuttle
The 8th DA Amendment) provides in relevant part: “A BART/downtown shuttle shall be implemented concurrent with the time that the 200th home in the Project is ready for occupancy. After the BART/downtown shuttle has been in operation a minimum of eighteen months, OGLLC or the Wilder Homeowners Association (“HOA”) may file an application to the City Council to discontinue the shuttle. The City Council may discontinue the BART/downtown shuttle only upon finding that shuttle ridership levels are too low to warrant continued shuttle operation. This eighteen-month period may be shortened, and the BART/downtown shuttle may be eliminated, if the City Council finds that an alternative transportation demand management measure is more effective than a BART/downtown shuttle. . . . The BART/downtown shuttle shall operate between Gateway Valley and downtown Orinda, including the BART station. The shuttle shall operate during morning and evening peak periods, providing scheduled and/or ondemand service (similar to a taxi). The HOA and the Planning Director shall consult and determine the location of the stops for the BART/downtown shuttle. The frequency, timing, and location of shuttle service shall be subject to the approval of the Planning Director.”
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More than 200 homes in Wilder are occupied at present. However, the BART parking lot has not been full since April 2020, which may affect the need for a BART/downtown shuttle. In light of the reduced BART ridership, the DA can be amended to delay the time for implementation of the BART/downtown shuttle. In addition, Bruce Yamamoto recently informed the City that the HOA was going to conduct a poll regarding whether the residents wanted a shuttle or on-demand service. He said he would circle back to see if the poll was conducted; to date the City has not heard back from Mr. Yamamoto.

If the residents prefer to have an on-demand service rather than a BART shuttle, the DA can be amended to provide for the on-demand service.

HOA Claims
On July 26, 2022, the HOA’s attorney sent OGLLC a Notice to Builder of Claims for Underfunded Monetary Reserves and Construction Deficiencies at Wilder CommonInterest Development in Orinda, CA (“HOA Notice”). The HOA Notice, Attachment F to this Staff Report, asserts claims against OGLLC “for underfunded monetary reserves and for damages caused by various defects in the design and construction of the Wilder residential development . . . .” The HOA’s “preliminary list of defects concerns (a) subsidence and geotechnical issues related to the common area, eight-lane swimming pool and related Quarry House amenities, (b) improperly designed and installed vditches, meanders, and ponds, and (c) damaged roadways caused by Declarant’s ongoing construction activities.”
On August 3, 2022, the HOA’s attorney sent the City a letter stating that required Project improvements have not been completed and setting forth “a number of false and/or misleading statements made by OG in its July 20, 2022 letter to the City.” The HOA’s August 3, 2022 letter is Attachment G to this Staff Report.

Wilder Preserve Areas, Endowment, and Mitigation Obligation The Project required permits from U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, San Francisco Regional Water Quality Control Board, and California Department of Fish and Game (“Resource Agency Permits”). The mitigation, monitoring and management requirements for the Resource Agency Permits’ Initial Monitoring Period are set forth in the 2006 Resource Management Plan (“RMP”). The Resource Agency Permits require that OGLLC hold fee title to the Wilder Preserve Areas until 10 years from Project groundbreaking or until such time as the success criteria set forth in the RMP have been met or otherwise approved by the Resource Agencies (“Initial Monitoring Period”). These Preserve Areas are subject to three Conservation Easements held by the nonprofit Wildlife Heritage Foundation (“WHF”) that is tasked with ensuring compliance with the Conservation Easements. The Wilder Preserve Areas are to be transferred at the conclusion of the Initial Monitoring Period to the Long Term Landowners – the Wilder GHAD, the East Bay Regional Park District and the East Bay Municipal Utilities District – at which time the RMP terminates and the Long Term Management Plan (“LTMP”) comes into effect and applies in perpetuity.

There are three different RMP funds:

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1) OGLLC posted a $5.8 million bond held by the California Department of Fish and Wildlife guaranteeing that OGLLC completes all of the RMP requirements. When the Resource Agencies confirm completion, the bond will be released. 2) WHF holds endowments for each of the Preserve Areas that funds its oversite to ensure compliance with the easements.
3) The National Fish and Wildlife Foundation (“NFWF”) holds a $4.5 million endowment for the three future Long Term Landowners to manage their respective Preserve Area. These Landowners must apply to NFWF for funds as needed. This is the endowment that requires OGLLC to do a PARS analysis (otherwise known as a true up) before turning over the land, meaning that OGLLC must submit documentation to the agencies to show how much money it has spent over the last several years to manage the Preserve Areas. There is a formula that is standard for the true up process.

In its 2021 Annual Review Report, OGLLC stated that the RMP’s Initial Monitoring Period had ended in July 2016 (10 years after Project Groundbreaking) and that it had provided all Final Reports to the Resource Agencies in December 2020. Bruce Yamamoto, Brooks Street, recently stated that two of the required RMP mitigation measures for riparian plantings and wetlands were unsuccessful and that OGLLC proposed that the Resource Agencies approve the purchase of mitigation credits to satisfy its obligation but that the Resource Agencies had not as yet approved this proposal. In addition, Mr. Yamamoto stated that the Resource Agencies have not approved the required Grazing Plan and the required fencing, gates, and cattle troughs have not been installed, He stated that these RMP requirements would not be satisfied in 2022. (Fran M. Layton June 21, 2022 telephone conversation with Bruce Yamamoto.) WHF’s 2021 Monitoring Report for the Wilder Mitigation Preserve Areas identified violations of the Conservation Easement for these Preserve Areas that will transfer to the Orinda GHAD when the Resource Agencies have signed off on OG’s satisfaction of all preconditions to the transfer. The violations identified in the Monitoring Report focus on unauthorized pedestrian use of trails/foot paths and OGLLC’s failure to manage the spread of invasive species. These are not new foot paths; the “trespassers” are using trails/foot paths that have been in place for decades. WHF to date has not identified if or how the “trespassers” are impairing the Conservation Values set forth in the Conservation Easement. However, WHF’s staff stated that the trespassing is an open and notorious violation of the Conservation Easement that needs to be addressed. As to the management of invasive species in the Preserve Areas, WHF acknowledges these nonnative invasive species cannot be eradicated; spreading can be controlled by weed whacking and hand removal at the appropriate time so that the habitat of the protected frogs and snakes is not compromised. At present, the documented spread of the invasive species is in violation of the RMP for these areas.

The Resource Agencies also need to approve OGLLC’s true up for the $4.5 million endowment for the three Long Term Landowners to manage their respective Preserve Areas.

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Moraga Orinda Fire District
On July 19, 2022, Moraga Orinda Fire District (“MOFD”) sent OGLLC a Pre-Citation Notification for violation of the Fire Code requirement to create and maintain the specified fuel break around the perimeter of undeveloped parcels. The parcel identified in the Notification is within one of the Wilder Preserve Areas that is protected by a Conservation Easement and that will be a future GHAD-owned parcel. The MOFD Notification is Attachment H to this Staff Report. See DA §3.8.3 Insurance
DA section 5.2 requires OGLLC to maintain liability insurance insuring against bodily injury, property damage and personal injury liability arising out of OGLLC’s activities under the DA, with a combined single liability limit of not less than $7,600,000.00 (subject to the CPI) per occurrence. DA section 5.3 further requires that OGLLC provide Workers’ Compensation insurance covering OGLLC’s employees and employees of any contractor, subcontractor, agent or representative of OGLLC. OGLLC has not provided the City with the required Insurance Certificates documenting Commercial General Liability, Automobile and Worker’s Compensation Insurance policies covering activities on the Wilder property by OGLLC and its subcontractors. .

NEXT STEPS:

If the City Council finds that OGLLC has not complied in good faith with the DA’s requirements, the City Council shall specify the respects in which OGLLC has failed to comply, and “shall also specify a reasonable time for OGLLC to meet the terms of compliance, which time shall be not less than thirty (30) days and shall be reasonably related to the time necessary to bring OGLLC’s performance into good faith compliance” with the DA. If necessary, the City Council may at a subsequent noticed hearing extend the time for complying to a date certain, or it may terminate or modify the DA as appropriate. DA § 6.4.

FISCAL IMPACT:

The Developer is responsible for reimbursing the City for the cost of preparing the Annual Review.

ATTACHMENTS:

A. Keyser Marston Associates December 16, 2010 Memoradum B. July 20, 2022 Letter from Ira Lebovic
C. Wilder Sidewalk Status 8-1-22
D. GHAD August 3, 2022 Letter to OGLLC
E. 2009 Reimbursement Agreement between OGLLC and the City of Orinda F. Wilder HOA - July 26, 2022 Notice to Builder
G. Moraga Orinda Fire District July 19, 2022 Pre-Citation Notification G.2
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H. Wilder HOA August 3, 2022 Letter to City
I. Supplemental Information for Wilder Annual Review
Respectfully Submitted by:

Drummond Buckley
Director of Planning
Prepared By: Sheri Smith, City Clerk
Approved by:

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MEMORANDUM
To: Fran Layton
Shute, Mihaly & Weinberger LLP
From: Jerry Keyser and Reed Kawahara
cc: Janet Keeter, City Manager
City of Orinda
Date: December 16, 2010
Subject: Assessment of Financial Risk to the City of Orinda from the Proposed Restructuring of Orinda Gateway, LLC
Assignment
Pursuant to your request, Keyser Marston Associates, Inc. (KMA) has undertaken a review of various legal documents and financial information pertaining to the proposed restructuring of Orinda Gateway, LLC (OGLLC), the entity that owns the property in Gateway Valley in the City of Orinda (“City”) and is developing the Wilder project, formerly known as both Montanera and Orinda Gateway (“Project”). OGLLC and the City entered into the Second Amendment and Restatement of the Development and PreAnnexation Agreement for Gateway Valley (“DA”). The City and OG Property Owner, LLC, whose sole member is OGLLC, thereafter entered into subsequent amendments to the DA. OGLLC is also a party to other implementing agreements relating to the Project.

The focus of KMA’s review is to evaluate the risk, from a financial perspective, that permitting the restructuring might pose to OGLLC’s ability to perform its obligations to the City under the DA and related agreements.

Background & Overview of Changes that have Occurred Since 2005 In December 2005 Keyser Marston undertook a review of the proposed transfer of a 50% equity share of OGLLC from Farallon to WSC Orinda Gateway Investors IV, LLC (“Walton”). The review was undertaken pursuant to Section 10.3.2 of the DA, which specifies among other things that a Transferee acquiring more than 25% of the beneficial ownership interest in OGLLC must be “capable financially of performing G.2.a
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Orinda Gateway, LLC’s obligations under this Agreement and any other agreements relating to the interest proposed to be Transferred…”. In addition, in 2005 OGLLC had not yet obtained a final map for the Project and therefore the proposed transfer had to satisfy the standard set forth in DA Section 10.2, that is that the contemplated transfer and “the proposed Transferee will not impede the orderly development of the Project or will not otherwise adversely affect the City’s rights under, or material benefits to be derived from” the DA. In 2005 it was also contemplated that Merrill Lynch would provide debt financing for the Project. Keyser Marston’s 2005 review concluded that the proposed transfer involving Walton and the proposed debt financing by Merrill Lynch were consistent with the requirements of the DA.

Subsequent to the transfer, Walton provided equity financing and Merrill Lynch provided debt financing and work proceeded with the Project. Real estate markets and the broader economy took a steep downturn in 2008 and in 2009 Merrill Lynch sued seeking to foreclose on the Deed of Trust, a sale of the property, and the appointment of a receiver. In addition to Merrill’s action, three lien holders filed legal actions and 24 liens were recorded against the property. On April 9, 2009, the Court appointed a receiver who served until July 2009 at which time Farallon Capital Partners, L.P. (“Farallon”) and Farallon’s new partner, Greenfield Partners (“Greenfield”), bought the Merrill Lynch debt out of foreclosure. The Merrill settlement allowed OGLLC to regain full control and authority over the Project, free from the construction loan and contractors’ liens. Walton elected not to contribute to the Merrill Lynch buyout, thus Walton’s ownership share was reduced to 0% at that time. The Project is now debt free with the exception of approximately $37.5 million in Community Facilities District (CFD) bonds which were sold in 2007 to fund public infrastructure improvements.

Between 2005 and today significant progress has been made on developing the Project.

The Vesting Tentative Map and Final Development Plan were approved in November of 2005 and the Project’s first final map was approved in 2008. A significant amount of the land improvements have been completed including all of the mass grading and portions of utilities, roads, and other backbone infrastructure have also been completed. The Quarry House (community swim center and clubhouse) is also in construction. In addition, OGLLC formed a new subsidiary company, Wilder Building Company, for the purpose of constructing some of the finished homes in the Project. Currently, one model and two spec homes in the phase 1 portion of the Project are under construction. Nineteen of the Project’s home plans have already been through City design review, which will reduce time and risk for future homebuilders. Project marketing is ongoing, which has included OGLLC’s discussions with homebuilders as well as individual homebuyers interested in purchasing completed homes. OGLLC, through its homebuilding subsidiary, has elected to build the model home and two spec homes in order to “seed” the Project with finished homes that both homebuyers and homebuilders can see.

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Summary of Proposed Restructuring
Under the currently proposed re-organization of OGLLC, Cherokee Investment Partners IV, L.P. (“Cherokee”), a private equity fund based in Raleigh, North Carolina specializing in land development and environmental remediation projects, will be brought in as a 50% equity owner. Farallon and Greenfield’s percentage shares (75.1% and 24.9% respectively) will be reduced proportionately. From Farallon’s perspective, bringing in Cherokee’s equity dollars will allow for a cycling through of some of Farallon’s existing longer-term investors in the Project as well as providing new capital for future costs to complete the Project. Cherokee’s participation also allows Farallon and Greenfield to reduce their financial exposure to the risks of completing the Project, as well as to further Farallon’s business relationship with Cherokee. Farallon and Cherokee have worked together on prior real estate projects, including the purchase, remediation, and conversion of a 600,000+ square foot manufacturing facility in the City of Industry in the late 1990’s. Cherokee representatives have indicated to KMA that in the last six to nine months they have become more optimistic about the direction of the housing market and see the Wilder Project as a good investment opportunity.

The following is a summary of the proposed restructuring of OGLLC, as set forth in Exhibits 1 and 2 to Fran Layton’s December 16, 2010 Memorandum to Janet Keeter:
The following is the current organizational structure of OGLLC:
- Wilder Investors, LLC, the 100% equity owner of OGLLC, is comprised of Wilder Investors II, LLC (which is wholly owned by Farallon Capital Partners, L.P., a fund managed by Farallon Capital Management, L.L.C.) and Greenfield Orinda, LLC (Greenfield). Wilder Investors II, LLC is the managing member of OGLLC with a 75.1% equity stake and Greenfield has a

24.9% equity stake;
- Brookside Land Company, LLC is a non-equity, non-voting member responsible for management of the Project;
- WSC Orinda Gateway Investors IV, LLC (Walton) is now a non-equity, nonvoting “passive” member of OGLLC; - Orinda Gateway Associates, LLC (the “old” Farallon) is now a non-equity, non-voting “passive” member of OGLLC; and
- OG Property Owner, LLC and Orinda Gateway Holdings, LLC are essentially “flow through” entities created to accommodate the participation of Merrill Lynch; both entities are wholly controlled by OGLLC.

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Under the current organizational structure, funding for the Project comes from Farallon and Greenfield.
The following is the proposed organizational structure of OGLLC:
- A new LLC to be funded by Cherokee Investment Partners IV, L.P. (“Cherokee”) will be formed and will own 50% of Wilder Investors, LLC; - Wilder Investors II, LLC (Farallon) and Greenfield will form a new LLC (“new F/G LLC”) that will reduce its ownership stake from 100% to 50% but will remain as the managing member of Wilder Investors, LLC; - There will be no change to the legal or organizational status of Brookside, WSC Orinda Gateway Investors, or Orinda Gateway Associates; and - OG Property Owner and Orinda Gateway Holdings will remain as “flow through entities” of OGLLC.

Under the proposed organizational structure, 50% of the estimated funding required to complete the Project will come from Cherokee and 50% will come from the new Farallon/Greenfield LLC. Farallon and Cherokee representatives have indicated to KMA that they do not currently contemplate utilizing any future debt to complete the Project, but they also reserve the right to do so.

Summary of Financial Obligations to the City, Moraga-Orinda Fire District, and Resource Agencies per the DA
There are seven basic financial requirements of OGLLC to the City, Moraga-Orinda Fire District (“MOFD”) and Resource Agencies: (1) design, development, dedication of community facilities and provision of an endowment to the City for maintenance of the community facilities; (2) funding for the purpose of making the Old Library Site available for a senior affordable housing project; (3) design, construction, and dedication of public improvements and posting security for performance; (4) funding required for Mitigation payments; (5) funding required for impact fees; (6) funding of potential mitigation measures with respect to the MOFD; and (7) compliance with Resource Agency permit requirements and funding endowments for on-going management of Preserve Areas including those to be held by the Geologic Hazard Abatement District (GHAD).

In addition to the above seven obligations to the City, MOFD, and Resource Agencies per the DA, OGLLC also has financial obligations related to the Community Facilities District (CFD) bonds and required payments under the GHAD.

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1. Community Facilities
Under the terms of the DA, OGLLC is obligated to design, remediate any hazardous materials, construct and dedicate community facilities, including community playfields, an Art & Garden Center, City maintenance facilities, and a system of trails and trailheads. Easements are to be provided for emergency vehicle access, trails and trailheads, and fire roads. The following is the current estimate of remaining costs to satisfy OGLLC’s obligations regarding the community facilities:

Community Facilities
Estimated Remaining Cost
(millions)
Community Playfields, Parks $6.44
City Maintenance Buildings $0.56
Art & Garden Center $1.85
Community Facilities Endowment Paid
Sub-Total $8.85
(Less) City contribution for playfields ($0.50)
Net Community Facilities Expense $8.35
The $8.35 million estimated cost is after deduction of a $500,000 City contribution to fund certain construction costs for the community playfields. The City has received a state grant funding commitment of approximately $268,000 to be used for the construction of the tot lot, comfort station and picnic area portion of the playfield area.

The grant funds will satisfy more than half of the City’s required $500,000 contribution.

2. Affordable Housing
OGLLC made approximately $2.5 million in payments to the City to satisfy its affordable housing obligation. OGLLC has no further affordable housing obligations.

3. Funding Public Infrastructure Improvements and Posting Security for Performance In 2008, the Subdivision Improvement Agreement was approved by the City and subdivision improvement bonds have been posted in the approximate amount of $10 million. This satisfies OGLLC’s obligations with respect to public infrastructure.

4. Mitigation Payments
With the exception of approximately $10,000 in costs related to additional restriping, OGLLC has satisfied its fair share of Mitigation Measures as set forth in the Fair Share Formula.

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5. Impact Fees
OGLLC is required to pay applicable City impact fees. OGLLC estimates that approximately $2.5 million in impact fees remain to be paid on the Project, of which approximately $1.0 million OGLLC expects to be paid or reimbursed by homebuilders.

Therefore, OGLLC’s net cost is estimated at $1.5 million.

6. Moraga-Orinda Fire District
In 2007, OGLLC and the Moraga-Orinda Fire District entered into an agreement that specifies OGLLC’s financial obligations with respect to mitigating the Project’s fire district impacts (“MOFD Agreement”). Pursuant to the MOFD Agreement, OGLLC previously made a $180,000 payment to the Fire District for a new ambulance and is required to create a $20,000 fund for future Fire District inspections. Going forward, the MOFD Agreement requires a payment to MOFD of $2,000 when each residential building permit is pulled for a total of approximately $490,000. Since the payments made at building permit will be made by homebuilders and since it is currently assumed that other entities will do the homebuilding (including OGLLC’s homebuilding subsidiary if it decides to build more than the three homes now in construction), the expected future costs to OGLLC itself are assumed to be nominal.

7. Resource Agency Permit Obligations
The Resource Agency permits (from the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, San Francisco Regional Water Quality Control Board, and California Department of Fish and Game) include requirements for storm water control, erosion control, wetland and riparian habitat construction, restoration, management, and monitoring. In order to satisfy these requirements, OGLLC initially posted a $12.8 million letter of credit which was subsequently reduced and then replaced with a bond in the approximate amount of $5.9 million. OGLLC was also required to fund a conservation fund endowment in the amount of approximately $3.1 million for long-term management of the Preserve Areas. The GHAD will own some of the Preserve Areas and will be an endowment fund beneficiary. In addition to the endowment, the GHAD will be funded through an assessment on property owners within the district. OGLLC estimates that it has a remaining obligation of approximately $2.0 million in environmental mitigation and monitoring costs.

The total cost of OGLLC’s remaining financial obligations to the City and the Resource Agencies is approximately $11.9 million, as follows:

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Summary of Remaining OGLLC Financial
Obligations to the City and Resource Agencies
Estimated Remaining Cost
(millions)
Community Facilities $8.35
Affordable Housing Satisfied
Public Infrastructure Improvements Satisfied
Mitigation Payments $0.01
Impact Fees $1.50
Moraga-Orinda Fire District Nominal
Resource Agency Permit Obligations $2.00
Total Remaining Costs $11.86
Additional Costs to Complete the Project
In addition to OGLLC’s financial obligations to the City, MOFD, and Resource Agencies detailed in the prior section, OGLLC will incur costs to complete the infrastructure improvements in order to sell finished lots. KMA has reviewed the confidential and proprietary land development budget provided by OGLLC regarding the remaining costs to complete the infrastructure for the Project.

The costs to complete the Project include approximately $2.8 million in annual payments on the CFD bonds used to fund public infrastructure. CFD payments are collected as a special assessment with annual property taxes and are currently being paid by OGLLC as the current owner of the property. As the lots and homes in the Project are sold, OGLLC will gradually reduce its obligation on these costs. The CFD debt service payments have been accounted for in OGLLC’s budget.

In addition to the CFD bond debt service, OGLLC is responsible for costs of maintaining the property under the GHAD and to make GHAD payments as vertical development occurs. Since most vertical development is currently expected to be completed by third parties, OGLLC is not expected to have any significant obligation on the GHAD payments.

Methodology for Risk Assessment
In undertaking the assessment of risks to the City, KMA focused on the ability of the parties to perform financially. Evaluation of entitlement risk was not necessary, as the Project has reached critical entitlement thresholds. Remaining entitlement risks relate to ministerial project entitlements and should be limited in nature.

KMA reviewed agreements governing the restructuring of OGLLC, confidential balance sheet statements of Cherokee Investment Partners IV, L.P., and various other G.2.a
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documents related to OGLLC’s financial obligations and costs to complete the Project (see Attachment A for a listing of the primary documents that were reviewed). In addition, KMA performed the following for this assignment: participated in multiple inperson meetings and conference calls with representatives of Cherokee and current members of OGLLC; followed up with questions in order to clarify our understanding of the legal and financial documentation provided to us; and toured the Project site in order to better understand the current status of construction activities. In evaluating the ability to perform financially, KMA’s review was focused on Cherokee. Farallon and Greenfield will remain as equity investors with a collective 50% share of the Project. Brookside Land Company, WSC Orinda Gateway Investors IV, and Orinda Gateway Associates are non-equity members of OGLLC and, as such, are not responsible for capital contributions to the Project. The remainder of this memo summarizes our findings, which are subject to a number of assumptions and limiting conditions as noted at the end of this memo.

Findings
The following is KMA’s assessment of financial risk to the City resulting from the restructuring of the LLC. As stated in the caveats and limiting conditions summarized at the end of this memo, our assessment does not purport to address the legal issues of this restructuring.

Cherokee Investment Partners IV, L.P. is a private real estate investment fund based in Raleigh, North Carolina. Investors in the fund include numerous large public pension funds. Cherokee provided KMA with the confidential audited balance sheets for Cherokee Investment Partners IV, L.P. for December 31, 2009 and 2008 and a confidential un-audited quarterly balance sheet for September 30, 2010. Based on our review, the proposed assignment of a 50% membership interest in OGLLC to Cherokee will not impair the ability or expectation that OGLLC will satisfy its obligations under the DA and related agreements. Keyser Marston’s review indicates that Cherokee’s financial capacity is adequate to fund not only the purchase price of its 50% interest in the Project, but also its 50% share of the future capital contributions that OGLLC estimates will be required.

Future contributions needed to complete the Project will be made on a 50/50 basis between Cherokee and Farallon/Greenfield. Even if actual costs were dramatically greater than expected, the required Cherokee capital contribution would still be a modest percentage of the uncommitted capital available to Cherokee Investment Partners IV, L.P.

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Conclusions
From an economic perspective, it is KMA’s opinion that:

1. The proposed restructuring of OGLLC does not impair OGLLC’s ability to satisfy all of its obligations under the DA;

2. Cherokee Investment Partners IV, L.P., which assumes the obligation to fund 50% of the capital contributions for the Project, has the financial capacity to fulfill its obligations;

3. OGLLC representatives have indicated that Farallon and Greenfield retain a significant equity stake in the Project, and that investment returns remain dependant on project performance; and

4. Cherokee’s commitment to the Project enhances OGLLC’s ability to build and sell homes beyond the “pilot” homes currently being built, should OGLLC and its homebuilding subsidiary elect to do so, and such homebuilding efforts could significantly contribute to the ultimate build-out and success of the Project.

Caveats and Limiting Conditions
Keyser Marston Associates, Inc. (KMA) is a real estate advisory firm and our analysis is restricted solely to assessing the risks to the City of Orinda, from a financial perspective, under the terms of the proposed organizational restructuring and the financial strength of the new financial partner Cherokee Investment Partners IV., L.P. KMA cannot and does not render any legal opinions regarding the structure or documentation of the proposed restructuring, nor can it provide opinions regarding the inherent strengths and/or weaknesses of the legal entities involved as they relate to fulfilling the requirements of the DA. Closing is assumed to occur by the end of the year in a manner consistent the documents reviewed.

KMA’s analysis is based on the documents we have reviewed, which are listed on Attachment A, and representations made to us by OGLLC both written and verbal.

Finally, the proposed re-organization of OGLLC is occurring at a time of persistent turbulence in real estate market conditions and as such it is recognized that there remains inherent challenges to the ultimate success of the Project.

G.2.a
Packet Pg. 285 Attachment: Keyser Marston Associates December 16, 2010 Memoradum (2869 : Annual Review of the Wilder Project)

ATTACHMENT A

PRIMARY DOCUMENTS REVIEWED
KMA obtained and reviewed the following documents to the extent that they contained information deemed pertinent to this evaluation. Note: appendices and attachments were not included in all of the documents KMA reviewed.

A. Development Agreement

1. Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley between City of Orinda and Orinda Gateway, LLC (March 15, 2005)

2. Third Amendment to the Development and Pre-Annexation Agreement between City of Orinda and Orinda Gateway, LLC (October 17, 2006)

3. Fourth Amendment to the Development and Pre-Annexation Agreement for Gateway Valley between City of Orinda and OG Property Owner, LLC (February 6, 2007)

4. Fifth Amendment to the Development and Pre-Annexation Agreement for Gateway Valley between City of Orinda and OG Property Owner, LLC (April 13, 2010)

5. Assignment and Assumption Agreement by and between Orinda Gateway, LLC and OG Property Owner, LLC (November 30, 2006)
B. Other Documents Relating to OGLLC Obligations

1. Confidential Wilder Development Budget – costs to complete land development (December 2010)

2. Subdivision Improvement Agreement (July 15, 2008)

3. Subdivision bonds (multiple)

4. Department of Fish and Game bond

5. Acquisition Agreement by and among the City of Orinda, the California Statewide Communities Development Authority and OG Property Owner, LLC (November 1, 2007)

6. Agreement between the Moraga-Orinda Fire District and OG Property Owner, LLC Regarding the Payment and Use of Mitigation Fees from the Wilder Project (June 20, 2007)
G.2.a
Packet Pg. 286 Attachment: Keyser Marston Associates December 16, 2010 Memoradum (2869 : Annual Review of the Wilder Project)

7. Holland & Knight memorandum re: Wilder project impact fees (June 30, 2008) C. Organizational Documents

1. Orinda Gateway, LLC organizational structure charts – both before and after the proposed restructuring (December 2010)

2. Confidential Memorandum of Understanding – Farallon and Cherokee (November 23, 2010)

3. Confidential Draft Basic Agreement (December 2010)

4. Confidential Draft Amended and Restated Limited Liability Company Agreement (December 2010)
D. Cherokee Confidential Financial Documents

1. Cherokee Investment Partners IV, L.P. Financial Statements December 31, 2009 and 2008

2. Cherokee Investment Partners IV, L.P. September 30, 2010 Quarterly Financial Statement
E. Other Documents

1. Wilder project preliminary site plan (undated)

2. Cherokee 2009 Sustainability Report

3. Brooks Street memorandum re: OGLLC response items noted in receiver’s report for Orinda Wilder project (August 7, 2009)
G.2.a
Packet Pg. 287 Attachment: Keyser Marston Associates December 16, 2010 Memoradum (2869 : Annual Review of the Wilder Project) July 20, 2022

VIA EMAIL
Ms. Fran Layton
City Attorney
City of Orinda
22 Orinda Way
Orinda, CA 94563
[email protected]
RE: Wilder Project Close Out
Dear Ms. Layton:

This law firm represents OG Property Owner LLC (“OGLLC”), the developer of one of California’s premier residential communities – and a legacy for the City of Orinda (the “City”). Wilder (“Wilder” or “Project”) is the culmination of countless discussions, meetings and tireless efforts of multiple stakeholders, including the City, surrounding neighborhoods, East Bay Regional Parks District (“EBRPD”), East Bay Municipal Utility District (“EBMUD”), various public resource agencies, and Wilder residents.

Nevertheless, Wilder has been an extremely challenging project that has spanned decades and incurred staggering financial losses. Overall, ownership entities have lost over $250 million in developing Wilder. In addition to the high development and carry costs totaling nearly $400 million, several other factors contributed to these losses, including the lengthy entitlement process (from 1997 through 2005), the 2007-2009 financial crisis that sent Wilder into receivership prior to OGLLC sourcing new equity capital, the slowdown in residential housing that occurred immediately after this financial crisis, and the 15 years of effort to sell out the last of the residential lots.

You may also be aware that on June 10, 2021, Scott Goldie, a long-time business partner and principal in charge of the Project, passed away, further stressing OGLLC’s remaining limited resources.
* * *
G.2.b
Packet Pg. 288 Attachment: July 20, 2022 Letter from Ira Lebovic (2869 : Annual Review of the Wilder Project)

Page 2 ends

Today, OGLLC has no remaining resources or funds. While in the past, OGLLC was able to source new debt and equity, the difficult financial markets, uncertain economic outlook, and lack of appropriate project collateral has forced OGLLC to halt further activities and initiate exiting the property.

Accordingly, OGLLC requests to meet with you and appropriate City staff to resolve a number of open issues at the Project, including:

1. Exoneration of the outstanding Performance Bonds with the City; and,

2. Conveyance of the applicable parcels to EBRPD, EBMUD, and the Geologic Hazard Abatement District (“GHAD”).

To recap its efforts, OGLLC originally acquired Wilder in 1997 and sold the last residential lot in October 2020. During that time and through today, OGLLC has continued its active management of the Project. OGLLC has worked diligently and in good faith with the City, the Wilder Homeowners Association, and various environmental and regulatory agencies, to provide significant public and private benefits to Wilder residents and the greater Orinda and Bay Area communities. Notable achievements include the following:
• Constructed 245 homesites with all necessary infrastructure improvements, including over $80 million outlay on grading, streets, sewer systems, storm drain systems, water distribution systems, electrical systems, and detention ponds plus over $15 million on related engineering.
• Built four major bridges over sensitive habitat areas at a cost of over $4 million, which have enabled Wilder to serve as one of the major connections for emergency ingress and egress for the Wilder community and surrounding Edgewood and Sunrise Hills neighborhoods, all while preserving sensitive habitat.
• Delivered Wilder Park, a $16 million public amenity that serves the greater Bay Area with three multi-use artificial turf community playfields and two natural grass community playfields, tot lots, and restroom facilities. • Built the $1.6 million Art & Garden Center, a 6,600 sq ft community center and outdoor amphitheater which is now owned and managed by the City. • Built the $1.5 million Ranch House and donated the facility to the City for use as a community gathering space.
• Implemented the Wilder Landscape Master Plan (“LMP”), an intricate and detailed plan that cost over $18 million and includes thousands of new oak trees, over 8 million square feet of landscaped slopes, and 11 meandering stairway walks as well as extensive trails and other amenities. In addition to detailing the project’s vision of enhancing Wilder’s pastoral history, the LMP included a cohesive circulation and trail system that is open to the public.

G.2.b
Packet Pg. 289 Attachment: July 20, 2022 Letter from Ira Lebovic (2869 : Annual Review of the Wilder Project)

Page 3 ends

• Constructed the Quarry House pool club for Wilder residents, an amenity that includes an eight-lane competition swimming pool, workout facilities, meeting rooms, and landscaped gathering areas.
• Worked with PG&E to fund the relocation of high voltage electrical towers away from Wilder residences, an endeavor which cost over $8 million. • Formed the GHAD to ensure that residential slopes and open space areas remain protected and maintained. The GHAD has been able to accrue significant financial reserves over the years.
• Acquired open space areas spanning approximately 1,300 acres and applied a conservation easement to ensure that these lands remain in their pristine, natural state through perpetuity. These areas will be deeded to long term property owners which include EBRPD, EBMUD, and the GHAD. In addition to constructing and monitoring approximately five acres of new wetlands and six acres of riparian habitat areas at an aggregate cost exceeding $8 million, OGLLC also funded a $3.7M cash endowment for the long-term management of open space areas. The parcels to EBRPD will, among other things, link the existing trail and park systems in the East Bay and Contra Costa County.
• Funded over $16 million in community facilities packages for the City and $1.7 million in prepaid school fees. Established a Community Facilities District that provides approximately $400,000 in annual funding to the City and the Orinda Police Department.
• Provided additional work not required by the conditions of approval including additional landscaping, sidewalks, trails, electrical EVA gates, drainage systems, enhancements to the Art & Garden Center and playfields, etc. as well as keeping the trails open to the public, despite the fact that the general public caused numerous maintenance issues due to trash, vandalism, and trespassing.

Based on the above, OGLLC believes that it has met both the spirit and intent of the approval documents and would like to discuss a mutually agreeable process to exit the Project immediately. We look forward to meeting with soon you to discuss all these matters in more detail. Please feel free to reach out to me at your convenience.

Best regards,
Ira D. Lebovic
cc: David Biggs, City Manger
G.2.b
Packet Pg. 290 Attachment: July 20, 2022 Letter from Ira Lebovic (2869 : Annual Review of the Wilder Project) G.2.c
Packet Pg. 291
Attachment: Wilder Sidewalk Status 8-1-22 (2869 : Annual Review of the Wilder Project) 2010 Crow Canyon Place, Suite 250  San Ramon, CA 94583  (925) 866-9000  Fax (888) 279-2698 www.engeo.com
Project No.
4365.002.022
August 3, 2022
Mr. Bruce Yamamoto
OG Property Owner, LLC
1340 Treat Boulevard, Suite 220
Walnut Creek, CA 94597
Subject: Wilder
Orinda, California

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

PLAN OF CONTROL TRANSFER SUMMARY
Dear Mr. Yamamoto:

ENGEO, acting as the Orinda Geologic Hazard Abatement District (GHAD) Manager, has prepared the following summary of remaining items to be completed prior to transfer of Plan-of-Control responsibilities from OG Property Owner, LLC (OGLLC) to the Orinda GHAD.

The Orinda GHAD received a copy of a letter from the law firm representing OGLLC requesting a meeting to discuss conveyance of parcels to a number of entities, including the Orinda GHAD (Reference 1). As you are aware, while all parcels within the Orinda GHAD have been offered from OGLLC to the Orinda GHAD, a number of parcels (Transfer Parcels) have outstanding items which must be completed prior to the Orinda GHAD Board of Directors (GHAD Board) considering acceptance of Plan-of-Control responsibilities for these parcels (Reference 2).

At the December 3, 2019, June 15, 2021, and June 21, 2022, GHAD Board meetings, the Board accepted transfer of Plan-of-Control responsibilities for selected parcels within the Wilder development with the approval of Resolutions 03-19, 03-21, and 06-22, respectively. This letter provides a discussion of the items remaining prior to transfer of Plan-of-Control responsibilities for those Transfer Parcels that were not accepted in one of these three GHAD Board resolutions (References 3, 4, and 5).

As you are aware, Darwin Myers of Darwin Myers Associates (Third-party Reviewer) and ENGEO, as the GHAD Manager, have conducted monitoring events starting in 2017 for selected parcels offered for transfer within the Wilder development. Monitoring and acceptance letters for previously offered parcels are listed below in the Selected References (References 6 through 12). As described in Sections 7.3, 7.4, and 7.5 of the Wilder Plan of Control (Reference 2), the purpose of this monitoring was to verify that the facilities for which the GHAD will have maintenance and monitoring responsibilities have been constructed and maintained according to the City-approved plans and specifications for the individual improvements, and that such facilities are operational and in good working order.

In light of the Wilder Project Close Out letter dated July 20, 2022, we are requesting that the remaining items listed in Tables 1 and 2 and References 6, 8, 9, 11, and 12 be completed prior to September 6, 2022.

G.2.d
Packet Pg. 292 Attachment: GHAD August 3, 2022 Letter to OGLLC (2869 : Annual Review of the Wilder Project) OG Property Owner, LLC 4365.002.022
Wilder, Orinda August 3, 2022
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) Page 2

PLAN OF CONTROL TRANSFER SUMMARY
TABLE 1: Residential and Associated Parcels Offered for Transfer of Plan of Control Responsibilities to the Orinda GHAD
AREA

DESCRIPTION
(INCREMENT)1

RESIDENTIAL

LOT NUMBER

ASSOCIATED
PARCEL
ASSESSOR’S
PARCEL
NUMBER
CONCRETELINED

DRAINAGE
DITCH

MAINTENANCE
GRASSY
SWALE

CONSTRUCTION
OR

MAINTENANCE
OTHER
(Item No.)
2 Increment 23 1 273-390-001 X
Increment 23 2 273-390-002 X
Increment 23 3 273-390-003 X
Increment 23 4 273-390-004 X
Increment 23 5 273-390-005 X
Increment 23 VVV 273-390-021
Increment 24 10 273-390-010 6
Increment 24 11 273-390-011 7
Increment 24
Quarry
House Drive
and Quarry
Hill Road (a
portion)
273-270-009
Increment 22 15 273-390-015 12
Increment 22 16 273-400-001 X
Increment 22
AA (Trail
10A) 273-400-015 X
Increment 21 17 273-400-002 X
Increment 21 18 273-400-003 X
Increment 21 19 273-400-004 X
Increment 21 20 273-400-005 X
Increment 21 21 273-400-006 X
Increment 21
BB (Trail
10B) 273-400-016 X
Increment 19 22 273-400-007 X 12
Increment 19 23 273-400-008 X 12
Increment 19 24 273-400-009 X
Increment 19 25 273-400-010 X
Increment 19 26 273-400-011 X
Increment 19 27 273-400-012 X
Increment 19 Z (Trail 9A) 273-400-018 X
Increment 19 Fiddleneck
Way 273-400-019 X
Increment 20 28 273-400-013 X
Increment 20 29 273-400-014 X
Increment 20 30 273-390-016 X
Increment 20 31 273-390-017 X
Increment 20 32 273-390-018 X 7
Increment 20 Paintbrush
Lane 273-330-018 X
Increment 20 Y (Trail 9B) 273-400-017
Increment 5 48 273-300-014 12
Increment 5 50 273-300-016 12
Increment 26 90 273-370-007 X
G.2.d
Packet Pg. 293 Attachment: GHAD August 3, 2022 Letter to OGLLC (2869 : Annual Review of the Wilder Project) OG Property Owner, LLC 4365.002.022
Wilder, Orinda August 3, 2022
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) Page 3

PLAN OF CONTROL TRANSFER SUMMARY
AREA

DESCRIPTION
(INCREMENT)1

RESIDENTIAL

LOT NUMBER

ASSOCIATED
PARCEL
ASSESSOR’S
PARCEL
NUMBER
CONCRETELINED

DRAINAGE
DITCH

MAINTENANCE
GRASSY
SWALE

CONSTRUCTION
OR

MAINTENANCE
OTHER
(Item No.)
2 Increment 26 91 273-370-008 X
Increment 27 93 273-370-010 X
Increment 27 94 273-370-011 X
Increment 27 95 273-370-012 X
Increment 27 96 273-370-013 X
Increment 27 97 273-370-014 X
Increment 27 E (Trail 13A) 273-370-035 X
Increment 26 101 273-370-018 X
Increment 26 102 273-370-019 X
Increment 26 104 273-370-021 X
Increment 26 105 273-370-022 X
Increment 27 106 273-370-023 X
Increment 27 107 273-370-024 X
Increment 27 108 273-370-025 X
Increment 27 RRR 273-370-037
Increment 26 109 273-370-026 X
Increment 26 110 273-370-027 X
Increment 26 111 273-370-028 X
Increment 26 112 273-370-029 X
Increment 31 115 273-330-004 8
Increment 31 134 273-330-014 X
Increment 31 135 273-330-015 X X
Increment 31 HH (Swim
Center)
273-270-004 X 12
Increment 28 142 273-380-006 X
Increment 28 143 273-380-007 X
Increment 28 145 273-380-009 X
Increment 28 146 273-380-010 X
Increment 28 147 273-380-011 X
Increment 28 148 273-380-012 X
Increment 28 149 273-380-013 X
Increment 28 150 273-380-014 X
Increment 25 151 273-380-015 X
Increment 25 152 273-380-016 X
Increment 25 Tomcat Way 273-380-036
(a portion) X
Increment 28 G (Trail 12B) 273-380-032 X
Increment 28 K 273-380-033 X
Increment 29 160 273-380-024 X
Increment 29 161 273-380-025 X
Increment 29 162 273-380-026 X
Increment 29 163 273-380-027 X
Increment 29 J 273-320-021 X
Increment 30 166 273-380-030 X 12
G.2.d
Packet Pg. 294 Attachment: GHAD August 3, 2022 Letter to OGLLC (2869 : Annual Review of the Wilder Project) OG Property Owner, LLC 4365.002.022
Wilder, Orinda August 3, 2022
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) Page 4

PLAN OF CONTROL TRANSFER SUMMARY
AREA

DESCRIPTION
(INCREMENT)1

RESIDENTIAL

LOT NUMBER

ASSOCIATED
PARCEL
ASSESSOR’S
PARCEL
NUMBER
CONCRETELINED

DRAINAGE
DITCH

MAINTENANCE
GRASSY
SWALE

CONSTRUCTION
OR

MAINTENANCE
OTHER
(Item No.)
2 Increment 52 167 273-340-001 X
Increment 52 171 273-340-005
Increment 48 172 273-400-006 X
Increment 48 173 273-400-007 X X
Increment 48 174 273-400-008 X X
Increment 49 177 273-340-011 X
Increment 49 Monkey
Flower Lane X
Increment 47 178 273-340-012 X
Increment 47 179 273-340-013 X
Increment 47
TTT and
UUU
(Winding
Creek Way)
273-340-041
(a portion) X
Increment 46 182 273-350-003 X
Increment 46 183 273-350-004 X
Increment 40 184 273-500-005 X
Increment 40 185 273-500-006 X
Increment 40 186 273-500-007 X
Increment 42 187 273-500-008 X
Increment 42 188 273-500-009 X
Increment 44 190 273-400-015 X
Increment 44 191 273-400-016 X
Increment 44 192 273-400-017 X X
Increment 45 193 273-400-018 X
Increment 45 194 273-400-019 X
Increment 45 195 273-400-020 X
Increment 43 196 273-400-021 X 12
Increment 43 197 273-400-022 X 7
Increment 43 198 273-400-023 X
Increment 41 199 273-350-010 7
Increment 39 202 273-350-013 X
Increment 39 203 273-350-014 X
Increment 39 204 273-350-015 X 3
Increment 33 205 273-500-016 X
Increment 33 206 273-500-017 X
Increment 33 207 273-500-018 X
Increment 35 208 273-350-019 X
Increment 35 209 273-350-020 X
Increment 35 210 273-350-021 X
Increment 37 211 273-400-024 X
Increment 37 212 273-400-025 X
Increment 37 213 273-400-026 X
Increment 38 214 273-400-027 X
G.2.d
Packet Pg. 295 Attachment: GHAD August 3, 2022 Letter to OGLLC (2869 : Annual Review of the Wilder Project) OG Property Owner, LLC 4365.002.022
Wilder, Orinda August 3, 2022
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) Page 5

PLAN OF CONTROL TRANSFER SUMMARY
AREA

DESCRIPTION
(INCREMENT)1

RESIDENTIAL

LOT NUMBER

ASSOCIATED
PARCEL
ASSESSOR’S
PARCEL
NUMBER
CONCRETELINED

DRAINAGE
DITCH

MAINTENANCE
GRASSY
SWALE

CONSTRUCTION
OR

MAINTENANCE
OTHER
(Item No.)
2 Increment 38 215 273-400-028 X
Increment 38 216 273-400-029 X
Increment 38 225 273-350-024 X
Increment 15 230 273-360-003 X
Increment 15 231 273-360-004 X
Increment 18 232 273-360-005
Increment 16 233 273-360-006
Increment 18 234 273-360-007
Increment 18 235 273-360-008 X
Increment 15 236 273-360-009 X 7
Increment 15 240 273-360-013 X
Increment 18 241 273-360-014 X
Increment 16 242 273-360-015 X
Increment 16 243 273-360-016 X
Increment 16 244 273-360-017 X
1 Wilder - Increment Phasing Exhibit, August 25, 2015
2 Geologic Hazard Abatement District (GHAD) Plan of Control Transfer Monitoring Punchlist letter dated September 2, 2021.

Included in Appendix A.

TABLE 2: Non-Residential, Future GHAD-Owned, and Other Parcels Offered for Transfer of Plan of Control Responsibilities to the Orinda GHAD
AREA DESCRIPTION ASSESSOR’S

PARCEL NUMBER

APPROXIMATE

ACREAGE
FUTURE

GHAD-OWNED
PARCEL

INCLUDED

WITHIN A

CONSERVATION

EASEMENT
Development Buffer
273-270-001
273-280-001
273-280-004

79.88 Yes Yes (a portion)
Water Quality Pond 273-270-002 2.79 Yes No
Water Quality Pond 273-270-005 1.28 Yes No
Water Quality Pond 273-280-006 2.62 Yes Yes (a portion) Quarry Hills Open Space 273-270-006 53.21 Yes Yes
Eastern Hills Open Space 273-280-002 117.5 Yes Yes
Western Hills Open
Space
273-290-001
273-290-002 386.94 No1 Yes
Central Detention Ponds 273-330-017 6.04 Yes No
City of Orinda 273-160-019 27.044 No No
1Conservation Easement in favor of Wildlife Heritage Foundation on lands to be owned by the East Bay Regional Park District.

For the Transfer Parcels listed in Tables 1 and 2, details of the items to be completed prior to GHAD acceptance are included in References 6, 8, 9, 11, and 12.

For Transfer Parcels listed in Table 2 that are included in a conservation easement, Table 3 identifies selected tasks for the GHAD or others to complete prior to acceptance of the parcels under the Long-Term Management Plan (Reference 16) that will be managed by the GHAD.

G.2.d
Packet Pg. 296 Attachment: GHAD August 3, 2022 Letter to OGLLC (2869 : Annual Review of the Wilder Project) OG Property Owner, LLC 4365.002.022
Wilder, Orinda August 3, 2022
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) Page 6

PLAN OF CONTROL TRANSFER SUMMARY
Completion of tasks identified in the Resource Management Plan is required, and the GHAD is to be provided a letter of confirmation of the successful completion of mitigation obligations before the GHAD can accept responsibilities under the Long-Term Management Plan.

TABLE 3: Selected Resource Management Plan Tasks Related to GHAD Acceptance of Parcels Included within a Conservation Easement

RESOURCE

MANAGEMENT PLAN
TASK

PAGE PARCELS COMMENTS
Grazing Management
April 1 – October 15 58-60 -- Annual Grazing Plan and Report Informal Trails 88
Development Buffer and
Eastern Hills Open Space
(5 Trails)
“The Resource Manager shall
eradicate informal trails if any are
detected.”
Long-term Landowner
(GHAD) Assignment
of the CE
91, 93
Development Buffer,
Quarry Hills, and Eastern
Hills Open Space
Subject to review by the GHAD
Attorney
Long-term Landowner
Assignment
Endowment
94 --
Subject to review by the GHAD
Manager and Treasurer,
Long Term Management Funds -
$840,844. Long Term Oversight
Funds - $233,511
Potential Increase in
Principal Amounts of
Long-term
Endowment
94-95
Development Buffer,
Quarry Hills, and Eastern
Hills Open Space
Endowment true-up
Erosion and
Hydrologic Function 96
Development Buffer,
Quarry Hills, and Eastern
Hills Open Space
Relates to landslide in mitigation
pond No. 2.

Confirmation of
Successful
Completion of
Mitigation Obligation
98 --
Obtain confirmation from the
Resource Agencies of the
successful completion of mitigation
obligation
Please do not hesitate to call if you have any questions regarding this letter.

Sincerely,
ENGEO Incorporated
Orinda GHAD Manager
Eric Harrell, CEG Uri Eliahu, GE
eh/ue/ca
Attachments: Selected References
Appendix A – Geologic Hazard Abatement District (GHAD) Plan of Control Transfer Monitoring Punchlist, dated September 2, 2021
G.2.d
Packet Pg. 297 Attachment: GHAD August 3, 2022 Letter to OGLLC (2869 : Annual Review of the Wilder Project) 4365.002.022
August 3, 2022

SELECTED REFERENCES

1. Plante Lebovic LLP. Wilder Project Close Out Letter. July 20, 2022.

2. ENGEO. 2008. Wilder (Orinda) Geologic Hazard Abatement District (GHAD) Plan of Control – Gateway Valley, Orinda, California. Project No. 4365.108.005. March 4, 2008.

3. Orinda Geologic Hazard Abatement District. Resolution 03-19, Transfer of the Plan of Control Responsibilities for Selected Assessor’s Parcel Numbers within the Wilder Development to the Orinda GHAD. December 3, 2019.

4. Orinda Geologic Hazard Abatement District. Resolution 03-21, Transfer of Plan of Control Responsibilities for select Assessor’s Parcel Numbers (APNs) and Storm-Drain improvements within the Wilder Road Right-of-Way in the Wilder development from Orinda Gateway, LLC to the Orinda Geologic Hazard Abatement District (GHAD). June 15, 2021.

5. Orinda Geologic Hazard Abatement District. Resolution 06-22, Resolution Approving Transfer of Plan of Control Responsibilities for Select Parcels from OG Property Owner, LLC to the Orinda Geologic Hazard Abatement District (GHAD). June 21, 2022.

6. ENGEO. 2021. Orinda Geologic Hazard Abatement District – Plan of Control Transfer Monitoring Punchlist, Wilder, Orinda, California. September 2, 2021. Project No. 4365.109.004.

7. ENGEO. 2021. Orinda Geologic Hazard Abatement District – Wilder Acceptance for Selected Parcels, Wilder, Orinda, California. June 2, 2021. Project No. 4365.002.020.

8. ENGEO. 2020. Orinda Geologic Hazard Abatement District – Plan of Control Transfer Monitoring Update, Wilder, Orinda, California. August 31, 2020. Project No. 4365.109.004.

9. ENGEO. 2020. Orinda Geologic Hazard Abatement District – Wilder Development Updated Punchlist, Wilder, Orinda, California. May 28, 2020. Project No. 4365.109.004.

10. ENGEO. 2019. Orinda Geologic Hazard Abatement District – Plan of Control Transfer Acceptance of Selected Parcels, Wilder, Orinda, California. December 3, 2019. Project No. 4365.002.019.

11. ENGEO. 2017. Orinda Geologic Hazard Abatement District – Plan of Control Transfer Monitoring, Wilder, Orinda, California. August 8, 2017. Project No. 4365.002.017.

12. ENGEO. 2017. Orinda Geologic Hazard Abatement District – Plan of Control Transfer Monitoring, Wilder, Orinda, California. April 12, 2017. Project No. 4365.002.016.

13. P/A Design Resources, Inc. 2012. Revised Wilder Grassy Swale Exhibit. Orinda, California. dated September 24, 2012, and Revised October 2, 2012.

14. ENGEO. 2009. Testing and Observation Services during Mass Grading, Wilder, Orinda, California. November 30, 2009. Project No. 4365.109.002.

G.2.d
Packet Pg. 298 Attachment: GHAD August 3, 2022 Letter to OGLLC (2869 : Annual Review of the Wilder Project) SELECTED REFERENCES (Continued)
4365.002.022
August 3, 2022

15. MCE Corporation. Operations and Maintenance Manual for the Wilder Project, City of Orinda, Contra Costa County, California. April 24, 2007.

16. WRA, Inc. 2006. Final Resource Management Plan for the Montanera Project.

April 21, 2006, with final conforming changes June 23, 2006.

17. WRA, Inc. 2006. Long-Term Management for the Montanera Project Preserve Areas.

April 21, 2006, with final conforming changes June 23, 2006.

G.2.d
Packet Pg. 299 Attachment: GHAD August 3, 2022 Letter to OGLLC (2869 : Annual Review of the Wilder Project) 4365.002.022
August 3, 2022

APPENDIX A
Geologic Hazard Abatement District (GHAD)
Plan of Control Transfer Monitoring Punchlist
September 2, 2021
G.2.d
Packet Pg. 300 Attachment: GHAD August 3, 2022 Letter to OGLLC (2869 : Annual Review of the Wilder Project) 2010 Crow Canyon Place, Suite 250  San Ramon, CA 94583  (925) 866-9000  Fax (888) 279-2698 www.engeo.com
Project No.
4365.109.004
September 2, 2021
Mr. Bruce Yamamoto
Orinda Gateway, LLC
1340 Treat Boulevard, Suite 220
Walnut Creek, CA 94597
Subject: Wilder
Orinda, California

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

PLAN OF CONTROL TRANSFER MONITORING PUNCHLIST
Dear Mr. Yamamoto:

As requested, ENGEO, acting as the Orinda GHAD Manager, has prepared the following updated punchlist for the remaining parcels that have been offered for transfer to the Orinda GHAD, but not yet accepted (“Transfer Parcels”). At the June 15, 2021, Orinda GHAD Board of Directors meeting, the GHAD accepted additional parcels verified eligible for transfer as shown in Figure 1.

ENGEO has conducted several monitoring events for selected parcels offered for transfer within the Wilder development in Orinda, California. The parcels offered at this time for transfer by the developer are listed in Table 1. Previous monitoring reports for previously offered parcels are shown in Selected References.

TABLE 1: Transfer Parcels Offered for Acceptance (Residential and Adjacent Parcels) AREA

DESCRIPTION RESIDENTIAL LOTS ADDITIONAL PARCELS
Increment 5 47, 48, 49, 50
Increment 15 230, 231, 236, 240 Dairy Creek Lane
Increment 16 233, 242, 243, 244, 245
Increment 18 232, 234, 235, 241 H
Increment 19 28, 29, 30, 31, 32, 33, 34
Z, Fiddleneck Way, Y, Paintbrush Lane,
BB, Quarry Hill Road, Big Rock Road, AA,
NNN, Quarry House Drive, VVV
Increment 20 22, 23, 24, 25, 26, 27
Increment 21 12, 13, 14, 15, 16
Increment 22 17, 18, 19 , 20, 21
Increment 23 1, 2, 3, 4, 5
Increment 24 6, 7, 8, 9 ,10, 11
Increment 25 136, 137 138, 151, 152
NNN (meander), Tomcat Way, West Hill
Way, Wild Lilac Way, Grassy Hill Way,
Coffee Berry Lane, Bigleaf Road
Increment 26 90, 91, 100, 101, 102, 103, 104,
105, , 109, 110, 111, 112 B
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AREA

DESCRIPTION RESIDENTIAL LOTS ADDITIONAL PARCELS
Increment 27 92, 93, 94, 95, 96, 97, 98, 99, 106,
107, 108 E, RRR
Increment 28 139, 140, 141, 142, 143, 144, 145,
146, 147, 148, 149, 150 G, K
Increment 29 153, 154, 155, 156, 157, 158, 159,
160, 161, 162, 163, 164 C, A, J, GGG
Increment 30 84, 85, 86, 87, 88, 89, 165, 166 D, OOO, F, PPP Increment 31 134, 135, 113, 115, 116 HH
Increment 32 225, 226, 227
Increment 33 205, 206, 207
Increment 35 208, 209, 210
Increment 37 211, 212, 213
Increment 38 214, 215, 216
Increment 39 202, 203, 204 SSS
Increment 40 184, 185, 186
Increment 41 199, 200, 201
Increment 42 187, 188, 189
Increment 43 196 , 197, 198
Increment 44 190, 191, 192
Increment 45 193, 194, 195
Increment 46 181, 182, 183
Increment 47 178, 179, 180 Windy Creek Way (Includes Parcels TTT and UUU), M, N
Increment 48 172, 173, 174
Increment 49 175, 176, 177 Twig Lane, Monkeyflower Lane Increment 51 168, 169, 170
Increment 52 167, 171 L, QQQ
TABLE 2: Transfer Parcels Ready for Acceptance (Residential and Adjacent Parcels) AREA

DESCRIPTION RESIDENTIAL LOTS ADDITIONAL PARCELS
Increment 5 47, 49
Increment 15 Dairy Creek Lane
Increment 16 245
Increment 18 H
Increment 19 33, 34 Quarry Hill Road, Big Rock Road, NNN, Quarry House Drive
Increment 21 12, 13, 14
Increment 24 6, 7, 8, 9
Increment 25 136, 137 138
NNN (meander), West Hill Way, Wild Lilac
Way, Grassy Hill Way, Coffee Berry Lane,
Bigleaf Road
Increment 26 100, 103, B
Increment 27 92, 98, 99,
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AREA

DESCRIPTION RESIDENTIAL LOTS ADDITIONAL PARCELS
Increment 28 139, 140, 141, 144
Increment 29 153, 154, 155, 156, 157, 158, 159,
164 C, A, GGG
Increment 30 84, 85, 86, 87, 88, 89, 165 D, OOO, F, PPP Increment 31 113, 116
Increment 32 226, 227
Increment 39 SSS
Increment 41 200, 201
Increment 42 189
Increment 46 181
Increment 47 180 M, N
Increment 49 175, 176 Twig Lane
Increment 51 168, 169, 170
Increment 52 167, 171 L, QQQ
As described in Sections 7.3, 7.4, and 7.5 of the Wilder Plan of Control (Reference 8), the purpose of the monitoring is to verify that the facilities for which the GHAD will have maintenance and monitoring responsibilities have been constructed and maintained according to the City-approved plans and specifications for the individual improvements, and that such facilities are operational and in good working order.

As stated in the Plan of Control, eligibility for transfer will occur exactly 3 years after the issuance of the first residential building permit within the Wilder development. The turnover date may be extended by the property owner. The first residential building permit within the Wilder development was issued on August 3, 2010.

During our site monitoring events, we accompanied Darwin Myers of Darwin Myers Associates, an independent third-party reviewer, on the July 2, 2021, site visit. The following observations from the monitoring event are outstanding items that need to be addressed before transfer to the GHAD.

GENERAL COMMENTS
If the listed comments apply to general areas or improvements, they are not labeled by number on Figure 1. Parcels shaded blue on Figure 1 have been accepted by the Orinda GHAD as of June 15, 2021, for transfer of Plan of Control maintenance responsibilities; general comments listed below would not apply to these parcels.

Concrete-lined and Earthen Ditches

1. Concrete-lined drainage and earthen ditches are located within the Transfer Parcels and will be maintained by the GHAD. Concrete-lined drainage ditches were observed for accumulation of debris and sediment and for obvious distress such as cracking or shifting of the concrete. In general, the concrete-lined drainage ditches located within the Transfer Parcels are in good condition; however, most are in need of routine maintenance. Routine maintenance should include removal of accumulated vegetation, vegetative debris, and soil.

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We recommend vegetative debris be cut and removed from within the ditches and for a minimum of 12 inches on both sides of the ditch. Vegetation overhanging the ditch should also be removed.

2. Cracks were observed in some of the concrete-lined drainage ditches. Open cracks should be sealed in a manner that will maintain the integrity of the ditches. Vegetation and soil should be removed from the cracks, and the cracks should be dry prior to placement of sealing compound.

3. In some areas, the level of the soil adjacent to a concrete-lined drainage ditch is below the level of the ditch. This does not allow surface water to enter the ditch without traveling parallel to the ditch for some distance. These areas should be backfilled with compacted native materials to the level of the concrete ditch.

Storm Drain System

4. The Plan of Control identified storm drain inlets located within the Transfer Parcels to be maintained by the GHAD. Maintenance should include removal of accumulated vegetation, debris, construction materials, and soil. GHAD-maintained storm drain improvements are shown on Figure 4 of the referenced Plan of Control.

5. Confirmation should be provided that the storm drain system is in good condition and is free of significant debris. This could include a video of the storm drain system or equivalent.

GHAD-maintained storm drain improvements are shown on Figure 4 of the referenced Plan of Control.

6. A number of the storm drain inlets grates are missing bolts that secure the inlet grates. The storm drain inlet grates should be checked and properly secured. Storm drain inlets should also be repaired if there are significant signs of cracking or mechanical damage to the inlet.

7. Bubblers are located on slopes, adjacent to the grassy swales and concrete-lined drainage ditches. Locations where bubblers need maintenance or repair are noted on Figure 1.

8. Temporary storm drain pipes are located on slopes within the Transfer Parcels. While the majority of the temporary storm drain pipes appear to service active construction areas, these pipes would have to be removed prior to the GHAD acquiring monitoring, maintenance, and/or ownership responsibilities.

Grassy Swales

9. Excluding routine vegetation maintenance and litter removal, the grassy swales located within the development will be maintained by the GHAD. We reviewed the Revised Wilder Grassy Swale Exhibit dated September 24, 2012, and revised October 2, 2012, for swale locations and construction details (Reference 4). In a number of areas, we observed conditions where the swales are in need of routine maintenance, including removal of temporary erosion control materials and debris.

10. Several grassy swales do not appear to have been constructed to the detail shown on the Grassy Swale Exhibit. In addition, construction of the grassy swales did not appear complete in several areas, or have tire ruts or erosion gullies that need to be filled to allow G.2.d
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for proper drainage. The developer should provide documentation to verify compliance with the design details provided on the Exhibit.

Mechanically Stabilized Earth (MSE) Walls

11. The mechanically stabilized earth retaining walls within the Transfer Parcels listed in Table 1 did not show significant signs of distress at the time of our site visit. The GHAD is responsible for monitoring and repair of the MSE walls in the event of significant slope stability impacting the structural integrity of the MSE walls.

Slopes

12. Although the slopes within these Transfer Parcels are not planned to be GHAD-owned parcels, the GHAD is responsible for slope stability maintenance within these parcels. There are several areas where minor erosion was present, and some areas where erosion was present below drain outlets within these slopes as noted on Figure 1. The erosion should be repaired and drain outlets should discharge to existing catchment structures.

Subdrains

13. A number of keyway or swale subdrain outlets could not be located or viewed due to their outfall locations. The subdrain outlets should be located and completed as detailed on the corrective grading plans.

TABLE 2: Subdrain Outlets

SUBDRAIN STATUS COMMENTS FROM AS-BUILT GRADING PLAN

OR FIELD OBSERVATION
2 Located, Dry In storm drain inlet at terminus of drainage ditch. No action required.
3 Located, Dry On slope with “T” dissipater. No action required. 4 Unable to Locate Not staked
5 Unable to Locate Staked
6 Unable to Locate Not Staked
The subdrain outfalls should be located and marked to allow for future GHAD monitoring and maintenance.

TRANSFER PARCEL SPECIFIC COMMENTS
Ballfields 1, 2, and Parking Lot
APN 273-160-019

14. In addition to items previously noted and marked on Figure 1 for APN 273-160-019, there are a few other items that should be addressed on this parcel.

15. We observed irrigation lines along the creek bank that appear to have been installed for intentionally planted vegetation. Even though this parcel will not be a GHAD-owned parcel, damage to irrigation lines has the potential to cause slope instability. The GHAD should be G.2.d
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provided with plans for decommission of the irrigation lines once vegetation has met its establishment requirement.

16. Along the slope below the asphaltic-concrete access road, on the eastern portion of the parcel, there was an active seep at the time of our site visit. Additionally, there was a minor erosion gully present along the asphaltic-concrete access road in this area. The GHAD should be provided with documentation of the slope stability in this area.

17. Near the base of the East Bay Municipal Utility District (EBMUD) maintenance road, we observed a landslide along the western slope above the maintenance road. The landslide measured approximately 40 feet in length and 60 feet in width. While the GHAD will not own this parcel, the GHAD is responsible for maintaining slope stability on this parcel and this landslide could impact nearby GHAD-maintained improvements. A review of the as-built grading plans show that this landslide occurred on a rebuilt portion of the slope. This landslide should be repaired and the GHAD should be provided with the testing and observation report for the repair.

TRANSFER DOCUMENTS

18. The GHAD should be provided with copies of the approved grading and improvement plans for the Transfer Parcels. In addition, the GHAD should be provided with copies of the city approval for completion and acceptance of improvements within the Transfer Parcels.

19. The GHAD should be provided with copies of approved landscape plans including plans showing the temporary mitigation plantings and associated irrigation systems. The GHAD should also be provided with the process for decommissioning of any temporary irrigation systems.

We will review the requested documentation and reinspect the listed site conditions after we are informed in writing that the site corrective work has been completed on the Transfer Parcels.

Notification to the GHAD of the completion of work and request for reinspection can be for any number of Transfer Parcels listed in Table 1 that are not listed as already accepted in Table 2.

Please do not hesitate to call if you have any questions regarding this letter.

Sincerely,
ENGEO Incorporated
Orinda GHAD Manager
Haley Ralston, GIT Eric Harrell, CEG
hjr/eh/
Attachments: List of Selected References
Figure 1 – Site Plan
Darwin Myers Associates Third Party Review Letter
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September 2, 2021

SELECTED REFERENCES

1. ENGEO, Orinda Geologic Hazard Abatement District – Wilder Acceptance for Selected Parcels, Wilder, Orinda, California, Project No. 4365.002.020, June 2, 2021

2. ENGEO, Orinda Geologic Hazard Abatement District – Plan of Control Transfer Monitoring Update, Wilder, Orinda, California, Project No. 4365.109.004, August 31, 2020.

3. ENGEO, Orinda Geologic Hazard Abatement District – Wilder Development Updated Punchlist, Wilder, Orinda, California, Project No. 4365.109.004, May 28, 2020.

4. ENGEO, Orinda Geologic Hazard Abatement District – Plan of Control Transfer Acceptance of Selected Parcels, Wilder, Orinda, California, Project No. 4365.002.019, December 3, 2019.

5. ENGEO, Orinda Geologic Hazard Abatement District – Plan of Control Transfer Monitoring, Wilder, Orinda, California, Project No. 4365.002.017, August 8, 2017.

6. ENGEO, Orinda Geologic Hazard Abatement District – Plan of Control Transfer Monitoring, Wilder, Orinda, California, Project No. 4365.002.016, April 12, 2017.

7. P/A Design Resources, Inc., Revised Wilder Grassy Swale Exhibit. Orinda, California, dated September 24, 2012 and Revised October 2, 2012.

8. ENGEO, Wilder (Orinda) Geologic Hazard Abatement District (GHAD) Plan of Control – Gateway Valley, Orinda, California, Project No. 4365.108.005, March 4, 2008.

9. ENGEO, Testing and Observation Services during Mass Grading, Wilder, Orinda, California, Project No. 4365.109.002, November 30, 2009.

10. MCE Corporation, Operations and Maintenance Manual for the Wilder Project, City of Orinda, Contra Costa County, California, April 24, 2007.

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Attachment: 2009 Reimbursement Agreement between OGLLC and the City of Orinda (2869 : Annual Review of the Wilder Project) t. 800.593.6540
therocklawfirm.com
3701 Sacramento Street, #455, San Francisco, California 94118 July 26, 2022
Via Overnight Mail
OG Property Owner, LLC
c/o Neil Brandom, Authorized Agent
2894 S. Coast Highway, Unit 1
Laguna Beach, CA 92651
Re: Notice to Builder of Claims for Underfunded Monetary Reserves and Construction Deficiencies at Wilder Common-Interest Development in Orinda, CA
PURSUANT TO THE MAY 30, 2012 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, ARTICLE V OF THE JUNE 6, 2012 “MASTER DECLARATION FOR TITLE 7 AND DISPUTE RESOLUTION FOR WILDER,” AND TITLE 7 OF THE CALIFORNIA CIVIL CODE, SECTION 910 ET SEQ., THE WILDER HOMEOWNERS ASSOCIATION, A CALIFORNIA NONPROFIT

BENEFIT CORPORATION, PRESENTS CLAIMS TO OG PROPERTY OWNER, LLC, A DELAWARE

LIMITED LIABILITY COMPANY, FOR UNDERFUNDED RESERVES AND CONSTRUCTION-DEFECT

DAMAGES AT THE WILDER COMMON-INTEREST RESIDENTIAL DEVELOPMENT IN ORINDA, CALIFORNIA. ACCORDINGLY, PLEASE CAREFULLY READ THE ABOVE-REFERENCED DOCUMENTS TO DETERMINE YOUR SPECIFIC RIGHTS AND OBLIGATIONS WITH RESPECT TO THIS NOTICE.

Dear Mr. Brandom:

This firm represents the Wilder Homeowners Association, a California nonprofit corporation of residential property owners in the City of Orinda, State of California (Association).

As authorized by the Association’s Amended and Restated Declaration of Covenants, Conditions and Restrictions of Wilder (CC&Rs), which was recorded by OG Property Owner, LLC, a Delaware Limited Liability Company (the Builder and Declarant) on May 30, 2012, as series no. 2012-127036, and as further authorized by the Master Declaration for Title 7 and Dispute Resolution for Wilder (Master Declaration), which was recorded on June 6, 2012, as series no. 2012-133531, the Association and its homeowner members assert claims against Declarant and all other responsible parties, whether they be successors or affiliated individuals, corporations, limited liability companies, or otherwise (collectively “Declarant”), for underfunded monetary reserves and for damages caused by various defects in the design and construction of the Wilder residential development located at the real property in the City of Orinda, County of Contra Costa, State of California, described as follows:

Lots 51, 58, 65, 71 and 114 and Parcel JJJ and Parcel LLL, as shown on the final map of Subdivision 9074, filed for record on July 22, 2008, in Book 507 of Maps at Pages 11 through 60, inclusive, in the Official Records of the County of Contra Costa, State of California.

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Packet Pg. 331 Attachment: Wilder HOA - July 26, 2022 Notice to Builder (2869 : Annual Review of the Wilder Project) OG Property Owner, LLC
Notice to Builder re Wilder Homeowners Association

Page 2 ends

July 26, 2022
t. 800.593.6540
therocklawfirm.com
3701 Sacramento Street, #455, San Francisco, California 94118 As further authorized by section 10.3 of the CC&Rs, Article V of the Master Declaration, and by Title 7 of the California Civil Code, section 910 et seq., this Notice is being served on the Declarant, via its Registered Agent, in Declarant’s capacity as the Builder of the above-referenced residential development.

At this time, in addition to its claim for underfunded monetary reserves, the Association’s preliminary list of defects concerns (a) subsidence and geotechnical issues related to the commonarea, eight-lane swimming pool and related Quarry House amenities, (b) improperly designed and installed v-ditches, meanders, and ponds, and (c) damaged roadways caused by Declarant’s ongoing construction activities. The Association notes that these deficiencies are preliminary in nature, non-exclusive, and that further observation and testing may reveal defects in addition to those referenced in this Notice. Accordingly, the Association and its members reserve the right to amend or modify this Notice in light of subsequently discovered facts and evidence.

Given that the Association’s claim for underfunded reserves is separate from its claim for construction defects, and considering that the defects at issue are extensive and still under investigation, we believe it makes sense to administer the reserve claim first pursuant to section

5.3 of the Master Declaration, while the defect claims are administered separately on a parallel track pursuant to the Title 7 procedures. Please let us know within ten (10) business days as required by section 5.3.1(a). Regardless, the intent of this Notice is to trigger the procedures that are set forth in the Master Declaration with respect to both claims.

Lastly, any communication or response regarding this Notice should be directed to this firm instead of to the Association and its members as required by Civil Code section 913.

Sincerely,
THE ROCK LAW FIRM, INC.

Jan A. Kopczynski
Cc: Board of Directors
Via email
Ira D. Lebovic, Esq.

Counsel for OG Property, LLC
Via email to [email protected]
Fran Layton, Esq.

City Attorney for the City of Orinda
Via email to [email protected]
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Packet Pg. 332 Attachment: Wilder HOA - July 26, 2022 Notice to Builder (2869 : Annual Review of the Wilder Project) Moraga-Orinda Fire District
Office of the Fire Marshal
July 19, 2022

OG PROPERTY OWNER LLC
1300 QUAIL ST STE 100
NEWPORT BEACH, CA 92660-2711
Case Number #: 22-3930

PRE-CITATION NOTIFICATION
On , MOFD conducted an inspection of your property located at the following APN: 273280001.

Violations of MOFD Ordinance 20.01 (Fire Code) and / or Ordinance 22.02 were identified on the property.

You are hereby ordered to correct the violation(s) listed below within 15 days from the date of this letter.

Failure to correct the violations listed below will result in the issuance of an administrative citation and $100 fine if not corrected by 08/03/2022. Continued failure to comply with the fire code may result in the issuance of additional citations and increasing fines. Please note citations and fines are per parcel.

YOU ARE HEREBY NOTIFIED that you must abate the violation(s) described below within fifteen (15) days from the date of this Notice.

Code Violation: Code Section: Violation:

22.02 4.1. Fuel
Break Required on
Undeveloped
Parcels / 1 to 10
Acres

4.1 (a) ii (a) Undeveloped Parcels. A person who owns, leases, or controls one or more undeveloped parcels within the District shall comply with following fuel break standards:
ii. Parcels Greater Than One but Less Than Ten Acres. A Fuel Break of 30 feet shall be created and maintained around the entire perimeter of the Parcel.
iv. Multiple contiguous parcels owned by the same Person may be treated as a single Parcel with the approval of the Chief or their designee if a Fuel Break of 100 feet is provided. (b) For the purpose of this Ordinance, a Fuel Break requires the removal or modification of fuel, maintained on an annual or recurring basis, in a manner that will prevent the transmission of
fire. Specifically:
• Grass and weeds cut to less than 3” no later than June 1 of each year.
• Removal of Hazardous Vegetation in the form of surface fuels.
• Removal of non-irrigated brush.
• Trimming of healthy trees to create no less than a 6’ vertical clearance between the lower portions of the canopy and the G.2.g
Packet Pg. 333 Attachment: Moraga Orinda Fire District July 19, 2022 Pre-Citation Notification (2869 : Annual Review of the Wilder Project) ground or ground fuels.
• Removal of Ladder Fuels.
• Removal of dead or dying trees.
• Removal of non-vegetative Combustible Material. Specifically, rubbish, litter, or material of any kind that is combustible and endangers the public safety as determined by the Fire Chief or their designee.
(c) Creation of Fuel Breaks shall not result in the taking of endangered, rare, or threatened plant or animal species, significant erosion, or sedimentation of surface waters. When these or
other conditions make it impractical to create and maintain a required Fuel Break, the person who owns, leases, or controls the parcel or parcels may request a Modification of the Fuel Break
requirement.

20.01 Unlawful
Disposal
325.4 Unlawful Disposal: Any person who places, deposits or dumps combustible material or hazardous vegetation on a parcel whether or not he/she owns such parcel is subject to the criminal sanctions set forth in Health and Safety Code Section 13871.

Fuel mitigation and defensible space work shall be conducted in a manner that the activities will not result in the taking of endangered, rare or threatened plant or animal species or cause significant erosion and sedimentation of surface waters in accordance with California Environmental Quality Guidelines Section 15304.

Sincerely,
Jeff Isaacs
Fire Marshal
Moraga-Orinda Fire District
1280 Moraga Way
Moraga, California 94556
Main Office Phone: 925.258.4599 | Fax: 925.376.1699 | www.mofd.org G.2.g
Packet Pg. 334 Attachment: Moraga Orinda Fire District July 19, 2022 Pre-Citation Notification (2869 : Annual Review of the Wilder Project) t. 800.593.6540 3701 Sacramento Street, #455 therocklawfirm.com San Francisco, California 94118
August 3, 2022
Via Email
Fran Layton
Shute, Mihaly & Weinberger LLP
396 Hayes Street
San Francisco, CA 94102-4421
Re: Response to Your Email Forwarding OGLLC’s “Close Out Notice” City of Orinda / Wilder Homeowners Association
Dear Ms. Layton:

This firm represents the Wilder Homeowners Association (the “Association”). We have reviewed your July 21, 2022 email on behalf of the City of Orinda (the “City”), forwarding the July 20, 2022, “Wilder Project Close Out” notice you received from Orinda Gateway, LLC, the builder/master developer of the Association’s Wilder homeowners community (“OG” or the “Master Developer”), and we were asked by the Association board to respond.

First, thank you for acknowledging the Association’s significant interest in the close out process, and for requesting that our efforts be coordinated (to the degree possible). As a major stakeholder in the project, the Association appreciates being given a seat at the table, and is in a unique position to have first-hand, boots on the ground, information about the extensive outstanding legal and financial obligations of the Master Developer to the City, the Association, the GHAD and numerous other entities.

Although efforts have been made by all parties to encourage the Master Developer to complete the improvements required by contract, forward progress has slowed to a crawl over the last several years. Previous issues that were thought to have been settled have turned into newly active disputes between the Association, the Master Developer and MOFD due to incomplete work on the part of the Master Developer. Some of these previous issues have been brought forth as the consequences of the non-conforming narrow private streets constructed by OG resulting in MOFD imposing, at significant expense to the Association, a strict NO PARKING policy on all Wilder private streets and blocking previously approved private street access with bollards, making emergency egress even more constrained.

Second, we were asked to bring the City’s attention to a number of false and/or misleading statements made by OG in its July 20, 2022, letter to the City. The entire July 20 letter has a “look at what we’ve done for the City of Orinda,” tone when, in fact, everything OG did was for its own profit. The Association has been left with underfunded reserves (see below), and OG’s general development philosophy has been to shift the financial burden, both long-term and in perpetuity, onto current and future Wilder residents whenever possible.

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Packet Pg. 335 Attachment: Wilder HOA August 3, 2022 Letter to City (2869 : Annual Review of the Wilder Project) Fran Layton, City Attorney
City of Orinda
August 3, 2022
t. 800.593.6540 3701 Sacramento Street, #455 therocklawfirm.com San Francisco, California 94118
For example, the creation of a Mello-Roos district was required for the development of Wilder, and was not something for which OG deserves a pat on the back. Similarly, creating perpetual maintenance payments for Art & Garden Center (A&GC) and Wilder Playing Fields does not benefit Wilder’s residents; indeed, both the A&GC and Playing Fields are profit centers for City and are open to all residents of Orinda (and anywhere else) with not even any special physical access for the Wilder residents who are obligated to pay for their maintenance forever.

Other nuances that may not be on your radar are that OG modified the CC&R’s to impose a 99- year Carbon Credits assessment on the future owners in exchange for an easement to OG for power lines. In other words, the residents will pay for the easement that OG needed in order to develop Wilder successfully, for OG’s benefit, for (literally) 99 years. And, contrary to its statement, OG has NOT been involved in the management of Wilder through “today”— they, in fact, left the Board at the end of 2019.

The four bridges that OG asserts in its Letter as providing emergency egress to Wilder residents do no such thing; in fact, homeowner access to these bridges is permanently locked and may not, even in an emergency, be used by Wilder residents for either ingress or egress. This leaves the 1,000 Wilder residents with only one congested point of egress.

As to the sidewalks referenced by OG in its Letter, the sidewalks provided for in the approved Wilder circulation plan that was used by OG in the marketing of Lots in Wilder to families with children were not fully constructed because other pathways constructed by OG were noncompliant with state and federal ADA regulations and when the City required that these be made compliant, OG announced that it would modify the existing sidewalks but not build the remaining promised sidewalks. It took more than a full year of continuous argumentation with OG and the City, including bringing children living in Wilder to testify at City Council meetings, before OG was forced to complete the existing sidewalks.

Further, the ‘public’ trail system amenity that OG refers to in its Letter is still not open to the public because OG has not completed required work on the trails; indeed, Wilder residents who venture to use these ‘public’ trails are regularly reprimanded and turned back on the trails by EBPRD guards.

With respect to GHAD, OG still has not finished its “Punch List,” which GHAD requires prior to its accepting transfer by OG of what is designated to be GHAD property within Wilder although Wilder residents have been paying into GHAD all along (over $3,000 per household per year). Where would Wilder stand with GHAD’s obligation to pay-out in an earthquake, mudslide, sinkhole or similar disaster if they haven’t taken over the parcels due to OG’s failure to complete its Punch List while we have been paying in to GHAD? And how does the existence of the other piece of the same GHAD (Orinda Oaks) affect us while our portion (Wilder) has not been accepted by the GHAD Board (i.e., City Council)?
As for the Red-Tail Hawk Respite Center, it has not yet been constructed, and there remain multiple open security issues with this ‘amenity’, including EBPRD lack of funding and uncertainty as to which jurisdictional entity will take responsibility for both security and ongoing G.2.h
Packet Pg. 336 Attachment: Wilder HOA August 3, 2022 Letter to City (2869 : Annual Review of the Wilder Project) Fran Layton, City Attorney
City of Orinda
August 3, 2022
t. 800.593.6540 3701 Sacramento Street, #455 therocklawfirm.com San Francisco, California 94118
maintenance, thus both security and maintenance issues remain open. We are advised that there may be illegal dumping of dirt happening in the area as well, but have not known who to contact about the issue.

In addition, the Association has notified OG that it is bringing a Reserve Claim against OG due to its deficient reserve study and concurrent underfunding of the Association’s reserve accounts.

There also appear to be construction defect issues related to the significant subsidence of the swimming pool mentioned in OG’s July 20 letter and construction defects relating to the Vditches, the meanders, collapsed under-street drains and other items constructed by OG/Brooks Street Builders in Wilder. The Association has hired expert consultants in connection with this claim.

We note, finally, that LandSea, the sub-developer that bought 34 Wilder Lots from OG and that has built and sold all 34 homes, still has a variety of open issues with OG.

Presumably, OG and Brooks Street Builders undertook the development of Wilder as a profitmaking venture, but, based on OG’s bare representations in the OG Letter without documentary support, has suffered losses instead. The Association is sorry that this endeavor hasn’t worked out for OG as it had hoped; however, it is in light of all of the above that, on behalf of the Wilder Homeowners Association, we hereby insist that the Association has full representation and participation along with the City and other stakeholders in connection with all deliberations relating to the July 20 letter from the Master Developer.

Please let me know when we can schedule a meeting to discuss a coordinated response.

Sincerely,
THE ROCK LAW FIRM, INC.

Erica L. Brynes, Esq.
cc: Orinda City Council, City Manager, Planning Department & Public Works (via e-mail) Orinda Geologic Hazard Abatement District (via e-mail)
Osa Wolff, Esq., Orinda City Attorney (via email)
East Bay Regional Parks District (via email)
Moraga – Orinda Fire District (via email)
East Bay Municipal Utility District (via email)
G.2.h
Packet Pg. 337 Attachment: Wilder HOA August 3, 2022 Letter to City (2869 : Annual Review of the Wilder Project) Fran Layton, City Attorney
City of Orinda
August 3, 2022
t. 800.593.6540 3701 Sacramento Street, #455 therocklawfirm.com San Francisco, California 94118
ENGEO (via email)
Wildlife Heritage (via email)
Association Board of Directors (via e-mail)
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Packet Pg. 338 Attachment: Wilder HOA August 3, 2022 Letter to City (2869 : Annual Review of the Wilder Project) G.2.i
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Packet Pg. 361 Attachment: Supplemental Information for Wilder Annual Review (2869 : Annual Review of the Wilder Project) City Council
Staff Report
Agenda Item: G.3
Date: August 16, 2022
Department: Planning Department
AGENDA TITLE: Consider an ordinance to update Orinda Municipal Code Section

17.1.11 (Development of lots divided by district boundaries), Section 17.3.5 & 17.3.6 (Small Family Day Care & Large Family Day Care), Section 17.4.18 (Building Projections into Yards and Courts), Section 17.4.31.D (Affordable Housing Incentive Program and Density Bonus), Section 17.11.2 (Open Space District Development Limitations), and Section 17.24.3 (Designation of Heritage Tree). Two of the proposed zoning ordinance amendments are in response to changes in State Law and the others are to update sections of the code where clarification or modification would help with implementation.

RECOMMENDATION:

Staff recommends that the City Council waive the full reading of the text and introduce Ordinance 22-02, amending Municipal Code Section 17.1.11 (Development of lots divided by district boundaries), Section 17.3.5 & 17.3.6 (Small Family Day Care & Large Family Day Care), Section 17.4.18 (Building Projections into Yards and Courts), Section

17.4.31.D (Affordable Housing Incentive Program and Density Bonus), Section 17.11.2 (Open Space District Development Limitations), Section 17.24.3 (Designation of Heritage Tree)
BACKGROUND:

Periodically, Staff will assemble a number of minor changes that need to be made to Chapter 17 of the Municipal Code (Zoning Ordinance) into one ordinance for Planning Commission consideration and City Council approval. These are all considered small “cleanup” items that will either bring the code into compliance with new State Law provisions or will clarify implementation for Staff and Applicants alike. Each Section amendment and the origin of the suggested modification is described below and the precise text amendments are shown in the Draft Ordinance (Attachment A).

On July 26, 2022 the Planning Commission considered the proposed code amendments at a duly noticed public hearing and on a vote of 5 – 0, with two absences, adopted Resolution PC 22-03 recommending that the City Council adopt Ordinance 22-03 (Attachment B). No members of the public spoke regarding this item, nor was any correspondence received.

In addition, no correspondence has been received regarding this item as of the writing of this report.

DISCUSSION:

Section 17.1.11 (Development of lots divided by district boundaries) G.3
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The proposed amendment would allow zoning districts and overlay districts to apply to portions of lots as well as entire lots. The section is currently written so that if a single parcel has multiple zoning designations (e.g. a portion of the parcel is designated single-family residential and portion of the parcel is designated multi-family residential), that the more restrictive of the two designations would apply to the whole parcel. By contrast, overlay districts can currently apply to a portion of a parcel. This is a Staffinitiated amendment to provide flexibility for future residential projects to be initiated on portions of larger properties. For example, a church-owned property in the Low Density Residential (RL-20) zoning district may be partially rezoned to allow multifamily development on a portion of the church site. With the proposed text amendment to Section 17.1.11, the City could rezone a portion of the church parcel to a higher density residential district and leave the remainder of the church parcel in the RL-20 district.

Section 17.3.5 & 17.3.6 (Small Family Day Care & Large Family Day Care) This section dictates under what conditions a Small Family Day Care (up to 7 children) or a Large Family Day Care (8-14 children) can operate in Orinda. The proposed amendment brings the Zoning Ordinance into compliance with State of California requirements by specifying the types of housing unit allowed to be family day care facilities, specifying that the unit can be owned, leased, or rented, and specifying that the housing unit needs to be where the day care provider resides. These amendments are proposed to bring the Zoning Ordinance into compliance with California Health and Safety Code Section 1596.78, which was updated with the passage of Senate Bill 234 (2019).

Section 17.4.18 (Building Projections into Yards and Courts) This section states that structures that meet the required yard setbacks are allowed to have certain architectural elements encroach into the setback. The proposed ordinance would amend the code to specify that this does not apply to accessory structures that do not meet the standard required setbacks (e.g. accessory dwelling units). This is a Staff-initiated amendment to provide clarity in implementation.

Section 17.4.31.D (Affordable Housing Incentive Program and Density Bonus) This section identifies the submittal requirements for a Density Bonus application and what needs to be provided for an applicant to secure any requested incentives and/or concessions. Recent case law related to the State Density Bonus Law (Schreiber v.

City of Los Angeles, 69 Cal.App.5th 549 (2021)) has ruled that requiring financial feasibility information of the type requested in Section 17.4.31.D is no longer authorized.

The text amendments to this section will update the City’s submittal requirements to be in line with current State standards.

Section 17.11.2 (Open Space District Development Limitations) This section regulates the subdivision of parcels within the open space district. The proposed amendment includes a minor clarification to the existing code language indicating that only one single family residence shall be permitted on a lot legally created “prior” to February, 2000. This is a Staff-initiated amendment to correct an error (typo/missing word) in the current text.

Section 17.24.3 (Designation of Heritage Tree)
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This section regulates who must consent to the designation of a tree as a Heritage Tree. Per Chapter 17.24.3, nominated trees are designated heritage trees when “the City Council approves the nominated tree and the property owner consents.” The proposed ordinance would amend the code to require the consent of all property owners within the tree dripline (i.e., all owners of property that would be impacted by the designation). This is a Staff-initiated amendment to provide clarity in implementation.

This clarification is consistent with feedback provided by the City Council in the context of considering a heritage tree designation in 2010.

NEXT STEPS:

If the City Council introduces Ordinance 22-02 at the August 16 meeting, the ordinance will be agendized for potential adoption at the September 6, 2022 meeting.

FISCAL IMPACT:

None.

RECOMMENDATION
Staff recommends that the City Council waive the full reading of the text and introduce Ordinance 22-02.

ATTACHMENTS:

A. Proposed Ordinance 22-02: Miscellaneous Amendments to Zoning Code B. Planning Commission Resolution 22-03 (Signed)
Respectfully Submitted by:

Drummond Buckley
Director of Planning
Prepared By: Drummond Buckley, Director of Planning
Approved by:

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1 BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
Ordinance 22-02
Whereas, the City Council of the City of Orinda has determined it is appropriate to make certain modifications, clarifications, updates, and corrections to the Zoning Code.

Now therefore, the City Council DOES ORDAIN as follows:

SECTION 1.

The City Council of the City of Orinda intends, by adopting this ordinance, to amend the following provisions of the City’s Zoning Code: Section 17.1.11 (Development on lots divided by district boundaries), Section 17.3.5 (Small family day care), Section 17.3.6 (Large family day care), 17.4.18 (Building projections into yards and courts), Section

17.4.31 (Affordable housing incentive program and density bonus), Section 17.11.2 (Open space district - Development limitations), and Section 17.24.3 (Designation of heritage tree).

SECTION 2.

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

Municipal Code Provision Action
1 §17.1.11 Text amended as shown in Attachment A.
2 §17.3.5 Text amended as shown in Attachment A.
3 §17.3.6 Text amended as shown in Attachment A.
4 §17.4.18 Text amended as shown in Attachment A.
5 §17.4.31 Text amended as shown in Attachment A.
6 §17.11.2 Text amended as shown in Attachment A.
7 §17.24.3 Text amended as shown in Attachment A.

SECTION 3.

This ordinance is consistent with the Orinda General Plan.

In the Matter of: An Ordinance Updating Zoning Code
Section 17.1.11 (Development on lots divided by district boundaries), Section 17.3.5 (Small family day care),
Section 17.3.6 (Large family day care), Section 17.4.18 (Building projections into yards and courts), Section

17.4.31 (Affordable housing incentive program and
density bonus), Section 17.11.2 (Open space district -
Development limitations), and Section 17.24.3
(Designation of heritage tree) of the City’s Zoning Code.

G.3.a
Packet Pg. 365 Attachment: Proposed Ordinance 22-02: Miscellaneous Amendments to Zoning Code (2882 : code cleanup City Council introduction) 2 SECTION 4.

The City Council finds that 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 15305 (Minor Alterations in Land Use Limitations), 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) because it has no potential for resulting in physical change in the environment, directly or indirectly. Further, this action is exempt from CEQA under CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment).

SECTION 5.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

SECTION 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.

Following a duly-noticed public hearing, the foregoing ordinance was introduced at a meeting of the City Council of the City of Orinda held on August 16, 2022 and was adopted and ordered published at a regular meeting held on _____ by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
_______________________________, Mayor
ATTEST:

G.3.a
Packet Pg. 366 Attachment: Proposed Ordinance 22-02: Miscellaneous Amendments to Zoning Code (2882 : code cleanup City Council introduction) 3 ATTACHMENT A:

1. Development on lots divided by district boundaries.

Municipal Code section 17.1.11 is amended as follows:

If aA zoning district boundary does not run along a property boundary, so that a lot is in more than one zoning district, the zoning district with the more restrictive regulations shall apply to the entire lot. This rule shall not, however, apply to, including overlay zoning, which may apply to portions of lots as well as entire lots.

2. Small family day care.

Municipal Code section 17.3.5 is amended as follows:

The use of single-family residences as small family day care homes shall be considered a residential use of property and can be located in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home is where the family day care provider resides, and includes a dwelling or dwelling unit that is rented, leased, or owned. No business license fee or tax shall be imposed for the privilege of operating a small family day care home. Also, such use of a residence shall not constitute a change of occupancy for the purposes of the Uniform Building Code. However, small family day care homes shall contain a fire extinguisher or smoke detector device, or both, which meets standards established by the State Fire Marshal (Government Code Section 1597.45).

3. Large family day care.

Municipal Code section 17.3.6 is amended as follows:

The use of single-family residences as large family day care homes shall be considered a residential use of property. No business license fee or tax shall be imposed for the privilege of operating a large family day care home and it can be located in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A large family day care home is where the family day care provider resides and includes a dwelling or dwelling unit that is rented, leased, or owned. Also, such use of a residence shall not constitute a change of occupancy for the purposes of the Uniform Building Code. Large family day care homes are subject to the State Fire Marshal standards for large family day cares (Government Code Section 1597.46) and include requirements for a fire extinguisher or smoke detector device, or both; requirements for carbon monoxide detectors; specifications as to the number of required exits from the home; specifications as to the floor or floors on which childcare may be provided; and the number of exits on each floor.

G.3.a
Packet Pg. 367 Attachment: Proposed Ordinance 22-02: Miscellaneous Amendments to Zoning Code (2882 : code cleanup City Council introduction) 4 Large family day care homes shall be allowed in single-family residences located on residentially zoned lots; provided, an administrative use permit is first obtained from the Zoning Administrator before such use shall be authorized. The requirements for the issuance of an administrative use permit are as follows:

A. Fees. The fees imposed for an application shall not exceed the costs of the application review process. The Zoning Administrator is authorized to establish the fee and amend it from time to time to reflect the actual cost.

B. Site Factors. Site factors to be considered shall include but not be limited to available play area, local traffic and street design, and impacts on surrounding land uses. No administrative use permit shall be issued if there is another approved large family day care home operating adjacent to the proposed site or if the granting of the permit will result in a residence being bounded on more than one side by a large family day care facility.

C. Parking. If the operator is to have more than one employee or care provider other than himself or herself, off-street parking shall be provided for each such additional employee or provider.

D. Garage Use. The use of a garage for the purpose of large family day care shall not decrease the amount of off-street covered parking required for the residence.

E. Noise Impacts. The Zoning Administrator shall determine that the layout of the site, particularly the location of the outdoor play areas, minimizes any noise impact on surrounding residences. In addition, the playing of any radio, stereo, cassette deck, phonograph or other musical device or instrument in a loud or disturbing manner shall be prohibited. Upon the receipt of complaints regarding noise from neighbors, the Zoning Administrator shall have the authority to begin revocation proceedings as specified in this title for use permits, or the Zoning Administrator may impose reasonable requirements for sound attenuation, including but not limited to soundbuffering walls or fences.

F. Signs. There shall be no sign or other exterior evidence identifying the day care operation.

G. Procedure. If the Zoning Administrator determines that the applicant meets the standards set forth in this section, and after providing notice under Section 17.42.1 the Zoning Administrator shall issue the administrative use permit, with such conditions as the Zoning Administrator considers reasonably necessary to meet the standards of this section.

H. Application. This section shall apply to large family day care homes which have been issued a license from the state after April 10, 1986 (Government Code Section 1597.46).

G.3.a
Packet Pg. 368 Attachment: Proposed Ordinance 22-02: Miscellaneous Amendments to Zoning Code (2882 : code cleanup City Council introduction) 5 4. Building projections into yards and courts.

Municipal Code section 17.4.18 is amended as follows:

A structure that is otherwise compliant with the required minimum yard setback referenced in 17.4.2 is permitted to project into a that required minimum yard setback as follows:

A. Cornice, eave, overhang or similar ornamental features may encroach three feet into a front, side or rear yard.

B. Chimney or fireplace may encroach three feet into a front or rear yard and two feet into a side yard with a maximum width of six feet below the second floor line or eave line in the case of a one story structure, and four feet wide above that point.

C. Unenclosed stairways and landings may encroach four feet into a front, side or rear yard up to a maximum height of seven feet above existing grade, as measured to the top of code required guardrails.

D. A cantilevered awning, canopy or balcony may encroach two and one-half feet into a front, side or rear yard.

E. A patio, deck, porch, access drive, access walk, or stairs under thirty (30) inches above existing or finished grade, whichever is lower, may encroach into any required setback. A deck over thirty (30) inches above grade is subject to Section 17.4.28.

F. A bay window may encroach no more than two feet into the prescribed setback.

This authorization for building projections into yards and courts does not apply to structures that are subject to minimum yard setbacks that are less restrictive than those referenced in 17.4.2.

5. Affordable housing incentive program and density bonus.

Municipal Code section 17.4.31(D) is amended as follows:

D. Application. Applicants requesting a density bonus, incentive(s) or concession(s) shall submit an application to the Planning Director together with the first application for approval of the development. The application shall include at least the following information:
(1) A concise written description of the project and the planning approval(s) requested.

G.3.a
Packet Pg. 369 Attachment: Proposed Ordinance 22-02: Miscellaneous Amendments to Zoning Code (2882 : code cleanup City Council introduction) 6 (2) A site plan showing the location and general layout of the proposed development, surrounding land uses and roadways, total number of units, number and location of affordable units, and number and location of density bonus units.
(3) Level of affordability of qualifying units and proposals for ensuring affordability.
(4) Description of any requested incentive(s) or concession(s), including any proposed waiver(s) or modification(s) of development standards, and/or parking standards. This request shall be accompanied by a description of the rationale and accurate supporting information sufficient to demonstrate that any requested concession(s) or incentive(s) are necessary to make the affordable units economically feasible.
(5) Reasonable documentation to establish eligibility for the requested density bonus, incentive(s) or concession(s), waiver(s) or reduction(s) of development standards and/or parking ratios. The application shall identify upon which basis of Government Code Section 65915 the applicant elects to calculate its density bonus. If incentive(s) or concession(s) are requested, the application shall include an explanation of how the incentive(s) or concession(s) result in identifiable and actual cost reductions as described in Government Code Section 65915. If waiver(s) are requested, the application shall describe with a narrative and/or drawings how application of the development standard(s) the applicant seeks to waive would have the effect of physically precluding the construction of the proposed development at the densities and with the concession(s) or incentive(s) permitted. If a density bonus parking ratio is requested, the application shall identify which parking ratio in Government Code section 65915 applies and describe the characteristics of the proposed development or site that qualify the proposed development for that parking ratio.
(65) If an applicant proposes to donate land to the city pursuant to Government Code Section 65915(h), the application shall provide evidence that each of the associated eligibility conditions has been met.
(76) If an applicant proposes to develop a child care facility pursuant to Government Code Section 65915(i), the application shall show the location and square footage of the child care facility and provide evidence that each of the associated eligibility conditions has been met.
(7) Information demonstrating the feasibility of the project as proposed including the following:
(a) A development pro forma with the capital costs, operating expenses, return on investment, revenues, loan-to-value ratio and the debtG.3.a Packet Pg. 370 Attachment: Proposed Ordinance 22-02: Miscellaneous Amendments to Zoning Code (2882 : code cleanup City Council introduction) 7 coverage ratio, including the contribution provided by any applicable subsidy programs, and the economic effect created by the use and income restrictions of the affordable housing units.
(b) An appraisal report indicating the value of the proposed density bonus and concession(s) or incentive(s).
(c) Sources and use of funds statement identifying the projected financing gap of the project with the affordable housing units that are the basis for granting the proposed density bonus and concession(s) or incentive(s). The applicant shall establish how much of the gap would be covered by the density bonus, leaving a remainder figure to be covered by an additional concession(s) or incentive(s).
(8) Such other materials as the Planning Director may determine are necessary to review the request in accordance with this code and state law.

6. Open space district – Development limitations.

Municipal Code section 17.11.2 is amended as follows:

No further subdivision of lots in the open space district shall be permitted, and no more than one single- family residence shall be permitted on a lot legally created prior to February 1, 2000.

7. Designation of heritage tree.

Municipal Code section 17.24.3 is amended as follows:

A person may nominate a tree for designation by the City Council as a heritage tree.

The City Council may seek a technical or professional evaluation of the proposed designation prior to taking action on the nomination. If the City Council approves the nominated tree and the property owner consents all the owners of property located within the dripline of the proposed heritage tree consent, the tree shall be officially registered by resolution, identified on the city's heritage tree map, and marked nearby with a sign.
1536933.1
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Packet Pg. 371 Attachment: Proposed Ordinance 22-02: Miscellaneous Amendments to Zoning Code (2882 : code cleanup City Council introduction) G.3.b
Packet Pg. 372 Attachment: Planning Commission Resolution 22-03 (Signed) (2882 : code cleanup City Council introduction) G.3.b
Packet Pg. 373 Attachment: Planning Commission Resolution 22-03 (Signed) (2882 : code cleanup City Council introduction) City Council
Staff Report
Agenda Item: H.1
Date: August 16, 2022
Department: Administration
AGENDA TITLE: Fuel Reduction Incentive Program Using Measure R Funds RECOMMENDATION:

Receive Report, Discuss, and Conceptually Approve Incentive Program as Presented BACKGROUND: At the June 21st City Council Meeting the City Council set aside $400,000 for a grant/incentive program and asked Staff to work with the City Attorney to develop a possible program. As the Moraga Orinda Fire District (MOFD) at their April 2022 meeting has set aside $500,000 in their budget it is for a home hardening incentive program, specifically targeted at fire-resistant vents and home hardening retrofits are not currently required by the fire code, City Staff is recommending the City of Orinda offer a pilot incentive program to assist Orinda property owners along public streets designated as evacuation routes in reducing wildfire fuels on their property to decrease the risk of a wildfire spreading throughout the community and to facilitate evacuations in the event of a wildfire.

DISCUSSION: As part of Staff’s ongoing research into other agencies’ programs related to fire prevention, a level of familiarity with grant/incentive programs had been developed. Based on the more recent direction and interest and what Staff has learned from other agencies, the Fire Chief, and the Commission, Staff has found the City of San Rafael may have a model incentive program of interest and one the City of Orinda could emulate.

Staff and the City Attorney have outlined an incentive program which was reviewed by the SSTOC on August 10th. That review resulted in some revisions which have been incorporated into the attached outline. In addition, the Commission discussed some alternatives which could be revisited later after the launch of the program and demand and effectiveness could be evaluated. The Commission also designated two of its members to work with staff as an informal Ad Hoc to further refine the program if needed. The Commission did unanimously recommend the program as outlined with the clarifications which staff have made (attachment 1).

It is recommended that the City of Orinda offer a pilot incentive program to assist Orinda property owners along public streets designated as evacuation routes in reducing wildfire fuels on their property to decrease the risk of a wildfire spreading throughout the community and to facilitate evacuations in the event of a wildfire. The attached program outline is based on this premise.

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NEXT STEPS: If the City Council conceptually approves the incentive program as outlined or with modifications, Staff will bring back a resolution to more formally approve the program and will develop an implementation plan including the required applications and forms, together with outreach materials.

FISCAL IMPACT: None as a result this item, though implementation of the incentive program will be funded from the $400,000 of previously appropriated Measure R funds.

ATTACHMENTS:

A. Orinda Measure R Incentive Program 08112022
Respectfully Submitted by:

David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:

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Orinda Measure R Incentive Pilot Program
Purpose
The City of Orinda is offering a pilot program to incentivize early compliance and assist Orinda property owners along public streets designated as evacuation routes in reducing wildfire fuels on their property to decrease the risk of a wildfire spreading throughout the community and to facilitate evacuations in the event of a wildfire.

Qualifying work includes the timely removal of dead trees, Eucalyptus and/or Monterey Pine trees within 6 feet of a habitable structure or a public street designated as an evacuation route; the clearing of Juniper and Bamboo within 10 feet of a public street designated as an evacuation route; and the removal of hazardous vegetation or combustible material within a 3 foot by 15 foot area adjacent to a public street designated as an evacuation route. . This funding is intended to encourage early and voluntary compliance with provisions of the Fire Code including:
325.6.1 Clearance of hazardous vegetation or combustible material from fire apparatus access roads. The fire code official is authorized to require areas within 3 feet on each side and 15 feet in height of a paved edge on fire apparatus access roads to be abated of hazardous vegetation and combustible material. On unpaved fire apparatus access roads, the measurement will be from the edge of the improved roadway surface.
325.6.3.4 Maintain trees to remove ladder fuels so that foliage, twigs or branches are greater than 6 feet above the ground or surface fuels within 100 feet of any structure, or within 10 feet of the paved edge of any fire apparatus access road. On unpaved fire apparatus access roads, the measurement will be from the edge of the improved roadway surface. 325.6.3.5.1 All Monterey Pines (Pinus Radiate) and Eucalyptus (Genus Eucalyptus) must be 6 feet or greater, measured horizontally or vertically from any habitable structure. 325.6.3.7 Remove all Junipers (gunus juniperus) and Bamboo (genus bambusa) within 10 feet of a paved edge of all public and private roads by December 31, 2023.

The work completed will support the property owner’s compliance with the vegetation standards for the City of Orinda and the Moraga-Orinda Fire District (MOFD). Incentives are awarded and limited to a onetime basis, first come first served, once the full application is approved, work must be completed within 90 days and with a rebate request submitted within 60 days of completion.

Eligible Recipients
All Orinda property owners who have had a Fire Adapted Community Assessment or who are in a current Firewise neighborhood are eligible. Property owners can schedule a free MOFD Fire Adapted Community Assessment conducted by a Moraga Orinda Fire District Ambassador. Only the person directly incurring the expense will be eligible for rebate. In general, this will be the property owner, however, a resident who can provide documentation (such as a lease agreement) that the work is their responsibility may be eligible.

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Packet Pg. 376 Attachment: Orinda Measure R Incentive Program 08112022 (2875 : Fuel Reduction Incentive Porgram) Qualifying Expenses
The following standards are meant to prioritize the most urgent work to reduce the risk of wildfire spreading throughout the community and facilitate evacuation in the event of a wildfire. They may be adjusted as community needs change.

For the work to be eligible, it must be along an evacuation route and accomplish one of more of the following:
 To remove dead trees, Eucalyptus and/or Monterey Pines trees within 6 feet of a habitable structure or a public street designated as an evacuation route  The clearing of Juniper and/or Bamboo within 10 feet of a public street designated as an evacuation route before December 31, 2023
 Meet Fire Code sections:
o 325.6.1 Clearance of hazardous vegetation or combustible material from fire apparatus access roads. The fire code official is authorized to require areas within 3 feet on each side and 15 feet in height of a paved edge on fire apparatus access roads to be abated of hazardous vegetation and combustible material. One unpaved fire apparatus access roads, the measurement will be from the edge of the improved roadway surface. o 325.6.3.4 Maintain trees to remove ladder fuels so that foliage, twigs or branches are greater than 6 feet above the ground or surface fuels within 100 feet of any structure, or within 10 feet of the paved edge of any fire apparatus access road. On unpaved fire apparatus access roads, the measurement will be from the edge of the improved roadway surface.
o 325.6.3.5.1 All Monterey Pines (Pinus Radiate) and Eucalyptus (Genus Eucalyptus) must be 6 feet or greater, measured horizontally or vertically from any habitable structure. o 325.6.3.7 Remove all Junipers (gunus juniperus) and Bamboo (genus bambusa) within 10 feet of a paved edge of all public and private roads by December 31, 2023.

Available Incentive Funding
The City will offer matching funds of up to 50% of the cost incurred and not to exceed $599 per applicant on a one-time-only basis to cover the expenses relating to the tree removal and vegetation management for fire fuel reduction outlined above.

Eligibility for assistance will be determined by the funding available. This assistance program is not intended to support routine or ongoing maintenance.

A Fire Adapted Community Assessment or being in a current Firewise neighborhood is required for your incentive application to be processed.

The assessment involves allowing the Ambassador to meet with you and access the exterior of your property to conduct and complete a comprehensive 360-degree evaluation of your home and property for wildfire risks including vegetation and structure design. The evaluations will be used to assist property owners in making their homes and properties more defensible from fire.

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Packet Pg. 377 Attachment: Orinda Measure R Incentive Program 08112022 (2875 : Fuel Reduction Incentive Porgram) The intent of the pilot program is to incentivize early compliance to the MOFD Fire Code and City Standards while removing fire fuels along fire evacuation routes to decrease the risk of a wildfire spreading throughout the community and to facilitate evacuations in the event of a wildfire.

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Packet Pg. 378 Attachment: Orinda Measure R Incentive Program 08112022 (2875 : Fuel Reduction Incentive Porgram) City Council
Staff Report
Agenda Item: H.2
Date: August 16, 2022
Department: City Clerk
AGENDA TITLE: Designation of Voting Delegate and Potential Alternate at the League of California Cities Annual Conference
RECOMMENDATION:

Designate Voting Delegate (and potential Alternate) at the League of California Cities Annual Business Meeting on September 7-9, 2022 at League Annual Conference and Expo
BACKGROUND:

The City of Orinda participates as a member of the League of California Cities. As an organization the League strives to be the leading advocate for the common interests of California's cities. Their mission statement is:
“To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.”
The League of California Cities 2022 Annual Conference is scheduled for September 7- 9, 2022. An important part of the Annual Conference is the Annual Business Meeting.

At this meeting, the League membership considers and takes action on resolutions that establish League policy.

In order to vote at the Annual Business Meeting, the City Council must designate a voting Delegate and potential Alternate. Typically, the Mayor and Mayor Pro Tem are designated as Delegate and Alternate respectively unless they are unable to attend.

Attachment A outlines the requirements and voting procedures.

ATTACHMENTS:

A. League Designation of Voting Delegates Information and Form Respectfully Submitted by:

Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:

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Packet Pg. 381 Attachment: League Designation of Voting Delegates Information and Form (2880 : Designation of Voting Delegates and Alternates LCC Annual H.2.a
Packet Pg. 382 Attachment: League Designation of Voting Delegates Information and Form (2880 : Designation of Voting Delegates and Alternates LCC Annual H.2.a
Packet Pg. 383 Attachment: League Designation of Voting Delegates Information and Form (2880 : Designation of Voting Delegates and Alternates LCC Annual H.2.a
Packet Pg. 384 Attachment: League Designation of Voting Delegates Information and Form (2880 : Designation of Voting Delegates and Alternates LCC Annual

Orinda City CouncilAugust 16, 2022

Orinda City Council
August 16, 2022