Agenda packet — Orinda City Council, September 27, 2022

IMPORTANT NOTICE REGARDING THIS MEETING: To protect our residents, officials, and staff, and in alignment with AB 361 and Orinda City Council Resolution No. 42-21, in which certain teleconference requirements of the Brown Act have been suspended, including the requirement to provide a physical location for members of the public to participate in the meeting, this meeting will be held by Teleconference.

TELECONFERENCE
VIA

ZOOM WEBINAR
By PC:

MEETING URL:
https://tinyurl.com/ncusvn4h
MEETING ID: 924 9319 5201
By Telephone:
+1 669-900-9128
MEETING ID: 924 9319 5201

CITY COUNCIL
AGENDA
Tuesday, September 27, 2022
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 09.27.22
How to follow or participate in the meeting:
 Members of the public may observe and participate in the meeting at the teleconference location highlighted above. To ensure that the City Council receives your comments, we strongly encourage you to submit your comments in writing in advance of the meeting by following instructions below:

Send your e-mail to [email protected] by 3pm on the day of the meeting.

Those e-mails will be forwarded to the City Council. They will also be made a part of the public record and be available to view in the public review binder at Orinda City Hall, 22 Orinda Way. In addition, they will be available electronically by 5pm on the day of the meeting by selecting the date of the meeting in this Box account link:https://cityoforinda.box.com/s/aqrelwbwv0wc37m5hkju2o8a0sta7bup  Comments may also be submitted by e-mail during the meeting up until the closure of public comment period on the relevant agenda item. These will be read into the record by staff at their normal cadence and will be limited to a maximum of 3 minutes. To be read into the record, e-mail must contain in the subject line “Public Forum – Not on the Agenda” or “Public Comment – Agenda Item #” with the relevant agenda item indicated.
 To comment orally in real time during the meeting, you may use the Zoom “raise your hand” function on your computer screen or the *9 function on your phone.

City Council
Agenda Page 2 09.27.22
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Darlene Gee, Nick Kosla, Amy Worth
Vice Mayor Inga Miller, Mayor Dennis Fay
B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. New Employee Introductions – Celina Palmer & Donna Baarsch E. PUBLIC FORUM
The public forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the City Council that is not on the agenda.

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

F. CONSENT CALENDAR
F.1. City Council Minutes
Recommendation:

Approve City Council Minutes:

1. September 6, 2022 - Closed Session Meeting

2. September 6, 2022 - Regular Meeting
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
Recommendation:

Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of September 28, 2022 to October 27, 2022 Pursuant to the Provisions of Assembly Bill 361.

City Council
Agenda Page 3 09.27.22
F.3. Monthly Report of Receipts and Disbursements for the Period June 1, 2022 through June 30, 2022 and Summary of Revenue,
Expenditures, and Preliminary Fund Balances for July 1, 2021 through June 30, 2022
Recommendation:

Staff recommends that the City Council receive and file this report of receipts, disbursements, and preliminary fund balances for the month of June 2022.

F.4. Award a Professional Services Contract for the Construction Management of the federally funded projects to seismically retrofit Miner Road Bridge over San Pablo Creek (CIP # 0044) and Bear Creek Road Bridge over San Pablo Creek (CIP # 0087) to UNICO Engineering Inc. of Folsom, CA for an amount of $ 302,274.97.

Recommendation:

Staff recommends that City Council award said contract, authorize the City Manager to administratively approve change orders not to exceed $50,000, and appropriate funding in the amount of $45,000.

F.5. Resolution Honoring Former Long-time Art and Clay Instructor Anne Parr by Naming the Community Center Clay & Kiln Room After Her Recommendation:

Staff recommends the City Council approve City Council Resolution 45-22 in order to honor former long-time art and clay Instructor Anne Parr by naming the Community Center Clay & Kiln Room after her.

F.6. Utility Trench Cut Permits- Street Moratorium Policy Update Recommendation:

Receive and file report
F.7. 4th Quarter General Fund Preliminary Report Fiscal Year 2021-2022 (July 2021 - June 2022)
Recommendation:

Receive and file the preliminary report.

F.8. Accept contract completion of Catherine Court to Martha Road Trail Maintenance Project No. 4140 by Central Pacific Engineering, LLC Recommendation:

Staff recommends that the City Council adopt Resolution 44-22 Acceptance of Work for the Catherine Court to Martha Road Trail Maintenance Project No. 4140 by Central Pacific Engineering, LLC. of San Mateo, California and authorize the City Clerk to sign and file the Certificate of Completion with the Contra Costa County Clerk-Recorder.

G. CONTINUED PUBLIC HEARING
G.1. Wilder Annual Review
City Council
Agenda Page 4 09.27.22
Recommendation:

Conduct a continued public hearing to consider any actions that OG Property Owners, LLC (“OGLLC”) has taken to bring its performance into good faith compliance with the terms of the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley (“DA”) as amended and the further actions required to bring OGLLC into good faith compliance with the DA. Staff recommends that the City Council adopt Resolution No. 46-22 finding that OGLLC still has not complied in good faith with the DA and related approvals and directing OGLLC that it shall, by October 11, 2022, bring its performance into good faith compliance with the DA and appear before the City Council at a continued public hearing on October 11, 2022.

H. POLICY MATTERS
H.1. Policy Discussion Regarding a Potential Building Electrification Ordinance that would Prohibit New Natural Gas Connections for Certain Development Projects
Recommendation:

Receive report and provide feedback to City Staff in the form of a motion identifying recommended local amendments to the 2023 Energy and Building Code.

I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
The next Regular Meeting of the Orinda City Council will be held on Tuesday, October 11, 2022 at 7:00 PM.

Please visit the City’s website at www.cityoforinda.org to view the City Council Calendar.

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

I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in City Council
Agenda Page 5 09.27.22
advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way.

Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ Notice ~
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders, which require a hearing by law, the receipt of evidence and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law, including but not limited to Government Code §65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting. For information on the next regular or special City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org.
~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary.

Please contact the City Clerk’s Office, 22 Orinda Way, Orinda, Ca 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.

AGENDA TITLE: City Council Minutes
RECOMMENDATION:

Approve City Council Minutes:

1. September 6, 2022 - Closed Session Meeting

2. September 6, 2022 - Regular Meeting
ATTACHMENTS:

A. City Council Closed Session Meeting Minutes of September 6, 2022 B. City Council Meeting Minutes of September 6, 2022
Respectfully Submitted by:

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

F.1
Packet Pg. 6
City Council Page 1 9.6.22
Meeting Agenda
IMPORTANT NOTICE REGARDING THIS MEETING: To protect our residents, officials, and staff, and in alignment with AB 361 and Orinda City Council Resolution No. 42-21 in which certain teleconference requirements of the Brown Act have been suspended, including the requirement to provide a physical location for members of the public to participate in the meeting, this meeting will be held by Teleconference.

TELECONFERENCE
VIA

ZOOM WEBINAR
By PC:

MEETING URL:
https://tinyurl.com/ysdd8u8k
MEETING ID: 920 8552 7279
Passcode: 489662
By Telephone:
+1 669-900-9128
MEETING ID: 920 8552 7279
Passcode: 489662

CITY COUNCIL
AGENDA
Tuesday, September 6, 2022
6:00 PM –SPECIAL MEETING AGENDA

CLOSED SESSION
6:00 P.M. – SPECIAL SESSION
A. CALL TO ORDER/ ROLL CALL
Councilmembers: Darlene Gee, Nick Kosla, Amy Worth
Vice Mayor Inga Miller, Mayor Dennis Fay
B. OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS

1. Members of the public may observe and participate in the meeting at the teleconference location highlighted above. To ensure that the City Council receives your comments, we encourage you to submit your comments in writing in advance of the meeting by following the instructions below:

F.1.a
Packet Pg. 7
Attachment: City Council Closed Session Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) City Council Page 2 9.6.22
Meeting Agenda
Send your e-mail to [email protected] by 3pm on the day of the meeting.

Those e-mails will be forwarded to the City Council and be available to the public at City Hall, 22 Orinda Way in the Public Review Binder.

2. To comment orally in real-time during the meeting, you may use the Zoom “raise your hand” function on your computer screen or the *9 function on your phone.

D. CLOSED SESSION

1. CITY MANAGER PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, Annual Performance Evaluation of City Manager David Biggs
E. OPEN SESSION REPORT REGARDING CLOSED SESSION
F. ADJOURNMENT
The next Regular Meeting of the Orinda City Council will be held on Tuesday, September 6, 2022 at 7pm.

I, Sheri Marie Smith City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda was posted at least 24 hours in advance of the meeting at the Orinda City Hall (22 Orinda Way), the Orinda Library (26 Orinda Way), and on the City's website (www.cityoforinda.org). At least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.
s/Sheri Marie Smith, City Clerk
~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary.

F.1.a
Packet Pg. 8
Attachment: City Council Closed Session Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) Orinda City Council Minutes Page 1 of 13 09.06.22
September 6, 2022

CITY OF ORINDA

CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed at: http://orindaca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2098.They are also kept in the City Clerk’s Office as part of the public record and available upon request. 7:00 P.M. – REGULAR MEETING– BY TELECONFERENCE
A. CALL TO ORDER / ROLL CALL:

Mayor Fay called the Regular Meeting to order at approximately 7:00 p.m.

COUNCILMEMBERS PRESENT: Darlene Gee, Nick Kosla, Amy Worth Vice Mayor Inga Miller, Mayor Dennis Fay
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Councilmember Kosla.

C. ADOPTION OF AGENDA
MOTION by Vice Mayor Miller moved and seconded by Councilmember Kosla to adopt the agenda. Said motion carried by unanimous (5-0) roll call vote.

D. ITEMS FOR THE GOOD OF THE CITY – None.

E. PUBLIC FORUM
Nick Waranoff requested the Council adopt an inclusionary zoning ordinance that would require a certain percentage of units in new housing projects include a specified percentage of lower and moderate income units. If not, the City will not achieve requirements of SB 330 halfway through the City’s 6th housing cycle, and he described penalties.

He also reminded the Council of HCD’s consideration which rejected the 10-acre Caltrans parcel opposite Wilder which reduces the City’s RHNA by 240 units.

Director of Planning Drummond Buckley stated the HCD letter states the City will consider an affordable housing ordinance and staff is considering changing it to state it will adopt an ordinance. He agreed this could be accelerated per the Council’s direction.

CONSENT CALENDAR
F.1.b
Packet Pg. 9
Attachment: City Council Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) Orinda City Council Minutes Page 2 of 13 09.06.22
Mayor Fay asked and confirmed there were no speakers or requests for removal of items.

He asked and verified with Administrative Services Director Doug Alessio that there were some comments regarding amendments, but these typographical errors do not exist in the ordinance language.

F.1. City Council Minutes
Recommendation:

Approve City Council Minutes:

1. August 16, 2022 - Regular Meeting
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
Recommendation:

Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of September 7, 2022 to October 6, 2022 Pursuant to the Provisions of Assembly Bill 361.

F.3. Adoption of Ordinance No. 22-03 - Amending Zoning Map 10 Irwin Way Recommendation:

Adopt Ordinance No. 22-03, waiving second reading, An Ordinance Amending the Zoning Map to Designate a Portion of the Property at 10 Irwin Way “Residential Medium Density” and Applying the “Senior Housing Overlay District” to a Portion of the Property at 10 Irwin Way F.4. Adoption of Ordinance No. 21-02 - Miscellaneous Amendments to Zoning Code
Recommendation:

Adopt Ordinance No. 22-02, waiving second reading, 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.

MOTION by Councilmember Gee moved and seconded by Councilmember Worth to approve Consent Calendar Items F.1.1, F.2, F.3 and F.4. Said motion carried by (5-0) roll call vote.

G. PUBLIC HEARING – None.

H. POLICY MATTERS
H.1. Downtown Precise Plan Draft Vision & Guiding Principles Chapter F.1.b
Packet Pg. 10
Attachment: City Council Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) Orinda City Council Minutes Page 3 of 13 09.06.22
Recommendation:

Staff recommends the City Council receive the staff report, take public comment, and provide feedback. No action will be taken.

Director of Planning Drummond Buckley gave the staff report and PowerPoint presentation of the Downtown Precise Plan Draft Vision and Guiding Principles. He reviewed the background of specific meeting dates and events, samples of the structure, comments received, survey results, Downtown Vision Statement, the proposed draft Vision and Guiding Principles, and next steps.

The Council is asked to comment on the following:

1. Vision - Do you concur with the proposed Downtown vision statement? Do you feel it is a comprehensive overview of the community’s desires for downtown?

2. Guiding Principles - Do you feel the guiding principles appropriately support the downtown vision statement?

3. Goals & policies - Are the proposed goals and policies in line with the community’s vision? Are there any focuses or concerns that could be better addressed through additional goals or policies?
He said staff will need to prepare the San Pablo Creek section which is included as the next item, as well as Utility Services and Infrastructure next on September 15th from a few sources, including the Draft EIR. He said 5 written comments were received and a few more after additional correspondence went out, in support of the proposed Vision Statement. Other comments received suggest specific changes and some are just opposed to the entire document.

Staff is seeking feedback from the Council. Staff can conduct additional feedback as directed by the Council and the Council will then return to this document as part of the full package of the DPP which staff is planning to adopt concurrent with the Housing Element in January, although they would like to finish the DPP in December.

Councilmember Gee asked Mr. Buckley to recap meetings and correspondence and asked if input was received from the Chamber of Commerce Board or just its members.

Mr. Buckley stated staff interviewed members of the Chamber of Commerce early in the DPP process. However, he did not believe the Chamber ever submitted a formal letter to the City on the DPP.

Mayor Fay opened the Public Forum.

F.1.b
Packet Pg. 11
Attachment: City Council Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) Orinda City Council Minutes Page 4 of 13 09.06.22
Natalie Mattei, Director of Real Estate for Safeway, said she has been tracking progress and commended City and staff for its efforts. She reviewed the redlined document and said it seems to go in a direction Safeway would support which allows more flexibility. It is taking the carrot than the stick approach which is commendable. She shared that the material and supply chain issues continue for residential, retail, office, etc. Things that used to take 90 days to source now take over one year. The interest rate increase is concerning as well as inflation and, in speaking from a retail standpoint, providing support, streamlined review, and flexibility really helps a retailer put a new location or remodel higher on the list. She commends staff for its drafting of the language and, assuming everything continues how it is tracking, Safeway would be supportive of the language and plan.

Stuart House, commended the Council and staff for its hard work and asked to what extent property owners in the downtown participated or provided feedback regarding the plans.

Mr. Buckley said staff has conducted significant outreach to property owners and have engaged with a few specific members who own key parcels since 2020. Once they created the Plan Orinda website and draft objective design standards they received more interest from property owners or developers who are or were thinking of partnership with downtown property owners. Most recently, they held a stakeholder meeting with downtown property owners and EPS to talk about the economics of mixed use or residential/retail development. They received good participation at that time, including outside firms.

City Clerk Smith reported that later this afternoon and while the Council was in Closed Session, there were two emails received in favor of the plan which have been forwarded to the Council and will be added to the public record.

Councilmember Worth thanked the public for their engagement, thanked the Downtown Subcommittee for their work, and voiced support of the plan presented tonight, noting the amount of work done to date which addresses functionality, flexibility, transportation, walkability, and access, and she concurred with staff recommendations.

Mr. Buckley recognized Assistant Planner Darren Hughes who was the City’s intern for 3 years and promoted to Assistant Planner who helped specifically with this document.

Councilmember Gee echoed Councilmember Worth’s comments and asked to reemphasize and highlight with a bullet point the City’s support of these existing small businesses.

Vice Mayor Miller thanked the Mayor for helping with the idea for a sustainability policy in the plan, and questioned if staff might highlight Policy 1; “Revitalize the Downtown Economy”.

F.1.b
Packet Pg. 12
Attachment: City Council Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) Orinda City Council Minutes Page 5 of 13 09.06.22
Mr. Buckley commented that many people wanted to see EV charging stations downtown and the City had no policy on this but now they will as an example. He asked and confirmed with Councilmembers that it could be a stand-alone goal with policies underneath it.

Councilmember Kosla echoed thanks to staff for their work. He referred to page 58 and his choice would not to indicate certain vacant buildings or businesses would be preserved somehow, given blight. Mr. Buckley said the document does not require the City to preserve the Fair’s Building forever. In the Draft EIR, there is a section on cultural resources and a small study that could be done for structures that are proposed to be demolished more than 50 years old. That will be an opportunity to identify whether there is historical integrity that needs to be preserved or not. It was landmarked it was the site and not the structure.

Councilmember Kosla referred to the section that talks about vertical and horizontal mixed use and prescribes to have in higher intensity areas have more of the vertical mixed use and lower density. Since those projects might be emerging, he could see a stand-alone retail project around Orinda Way, and with a condo project behind it. So, it would be horizontal mixed use but not in a high intensity place. He suggested removing the language that prescribes where it should go right now.

Mr. Buckley confirmed the objective design standards do that. They have a map where horizontal mixed use and vertical mixed use would be allowed.

Councilmember Kosla said he would assume there would be market-rate condos, and he asked if staff feels there is language that states there will be stand-alone housing projects.

Mr. Buckley said this is what horizontal mixed use is. It is in the downtown office areas where they are proposing to allow 100% residential projects.

Mayor Fay concurred with all comments, is happy to see the plan and vision take shape, is pleased to see sustainability included, and very important to understand is the real sense that Orinda needs a more vibrant downtown. He spoke about a story with an elderly woman who told him she wanted more vibrancy in the downtown, wanted another grocery store option, felt there needs to be more happening.

Mayor Fay confirmed there was no action required and staff had received what was needed.

H.2. Draft San Pablo Creek Restoration & Trail Concept Memo Recommendation:

Staff recommends the City Council receive the report, take public testimony, and provide feedback on the draft San Pablo Creek Restoration & Trail Concept memo.

City Clerk Smith confirmed the Council received one communication on this item.

F.1.b
Packet Pg. 13
Attachment: City Council Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) Orinda City Council Minutes Page 6 of 13 09.06.22
Mr. Buckley provided the staff report regarding the City’s plan for San Pablo Creek since 2000 when the Friends of Orinda Creek prepared their restoration plan. The City did not invest in the issue until this current Council which authorized the PlaceWorks study to provide a framework and a place people can go to, learn about the creek, and the vision is to provide access and restore the creek. He introduced Isabelle Minn, PLA, LEED AP, and Spence Koehler, Associate from PlaceWorks and Syd Temple, P.E. from Questa Engineering who will provide a PowerPoint presentation.

Isabelle Minn, PlaceWorks, introduced the project team and stated Jim Martin, Owner of Environmental Collaborative also supported their biological resources work. She then gave a PowerPoint presentation and described the work scope, key tasks, project location and site context, project scope, key milestones and meetings held, preliminary findings of biological resources, hydrology and hydraulics, previous FOC restoration concepts from 2019, the FOC Phase 1 concept from 2021, key findings of the hydraulic review, key findings of practical considerations from the 2019 concept, PlaceWorks hybrid alternative, key findings of the hydraulic review from 2021 Phase 1 concept, key findings of biological resources, the proposed future creek improvements, proposed future creek side trail, and optional bridge and boardwalk in the proposal, additional recommended elements.

Mr. Buckley stated staff received a letter from Friends of Orinda Creeks stating they are extremely disappointed because the recommendation does not favor the 2019 concept as the preferred alternative. He clarified staff is not ruling out anything. This is staff’s recommendation and should be included in the DPP; however, even the DPP will not rule out the ability to do something different, including the 2019 concept.

The challenge with the concept is that it would rely on private property from many different parcels on Orinda Way that go down to the creek. There would need to be consent from every single property owner to do the project. The City also does not have funds to pay private property owners for use of their land in this way, and many of the key parcels are constrained by the creek on one side and powerlines on the other side.

He added that the consultants prepared a hybrid option and if any members of the Orinda Friends speak, he believes the number of parking spaces needing to be eliminated under the 2019 concept was about 75-80 spaces. The hybrid option is a discussion point and possibility. It does something similar but without using so much land and removes 32 parking spaces, which Ms. Minn explained as well as an additional concept for the County-owned parcel which was found to show flooding impacts. The Friends adjusted the plans and eliminated that impact, with the project moving forward for a reduced improvement project.

Regarding biological resources findings on the different concepts, since the creek was altered quite a bit in the 1960’s the vegetative cover has re-established and it provides relatively high quality habitat and mature trees. There would be significant impact for a while due to the need to lose most of the mature trees in implementing the creek concept due to grading and other impacts. Both concepts improve the channel and habitat conditions, with the Phase 1 concept reduced.

F.1.b
Packet Pg. 14
Attachment: City Council Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) Orinda City Council Minutes Page 7 of 13 09.06.22
Ms. Minn stated that based on all work, analysis, and the channel improvements, the project expands on the Phase 1 concept which the team worked on and she presented, and she then asked for questions and feedback from the Council.

Vice Mayor Miller referred to the 1963 design was to accommodate a 50 year flood and asked if it potentially only covered the City in a 25-year flood event.

Syd Temple, P.E., Questa Engineering, responded that the upstream culvert that runs under Hwy 24 and Camino San Pablo restricts the amount of flow that can get to the channel. Because the flood plain map shows the downstream culvert that enters Safeway it causes water to back up behind it and has caused flooding of the Post Office and nearby buildings. So, the channel capacity without overbank flooding is probably north of a 25 year event but slightly less than a 50 year event.

Vice Mayor Miller referred to the Friends’ proposed restoration plan which they are raising funds for and asked if the City has an update on the status.

Mr. Buckley said staff is waiting for the agency permits before issuing the Water Course Alteration Permit.

Vice Mayor Miller referred to grant options and asked if this document is a step towards applying for a grant or is a tool in that process.

Mr. Buckley said yes, the technical information and policies that speak to the creek restoration will help, as well as the section in the DPP itself.

Councilmember Gee asked whether there has been additional thought into the roadway noise reduction aspect of Camino Pablo, given the creek becoming more of a community asset. Mr. Buckley stated it was not in the scope of the study to evaluate noise dampening measures, but if noise is to be reduced from Camino Pablo within the creek area they would need a sound wall or other measure to shield noise which would be expensive.

Mr. Temple observed that by 2030, people will not be able to buy gas fueled vehicles so there will be quiet vehicles in place.

Councilmember Worth thanked staff and consultants for their work. She noted the consultants called out the Chevron corner by name and asked what is envisioned there.

Mr. Buckley said the recommended plan would require participation from property owners but the area where improvements would take place are outside of the developed footprint of those sites. In the case of Chevron, it is a key parcel for the recommended proposal because Chevron happens to own a big portion of San Pablo Creek on the east side and that is proposed to be the access point for the trail.

F.1.b
Packet Pg. 15
Attachment: City Council Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) Orinda City Council Minutes Page 8 of 13 09.06.22
He said the plan shows two options; one on the west side and one on the east side of Camino Pablo. Both would access from a portion of the Chevron parcel. The portion on the west side would be the top end. One advantage of this would be that if people start from the sidewalk on Santa Maria they would not have to go down a big stairwell as their first entry to get to the trail. They could gradually go down on the west side and ultimately to the bridge. There is a document that also shows all easements but he did not believe there were any that would unilaterally allow the City go onto any property owners’ properties and build a trail.

Mayor Fay opened the Public Forum.

Michael Bowen said the Friends have met in faith with City staff and with two City Managers and have frequently asked for the opportunity to present their concepts and vision to the Council which has been declined. He cited lacking elements as the parking space numbers, the need to un-pave San Pablo Creek as it winds through the Village section, and utility lines. They do not want to attack the City or its consultants, but their message to the Council is that they spent 5 or 6 years and money on their own consultant trying to develop a plan in concert with City staff and focusing on three elements— hydrology, ecology, and public access which could do a lot to improve the community.

Each of these is crucial and it is why they included a meander.

What the Council is being presented with is a concept they heard before from Larry Theis who said to stay in the channel, keep it a flood control channel, and add some plantings around it. This proposal does even less than that which is of concern to the Friends.

Tom McKinnen, Friends of Orinda Creek Boardmember and Creek Trail Chair, stated a few years ago, there was no passable trail along the creek. Over time , they have managed to clear a trail that runs from Chevron to the Bank of America. The trail from Bank of America to the Vintage House is attractive as it is now. The portion from the Vintage House to Chevron is on the lower part near the creek and this portion is flooded.

They have had a lot of experience with the trail which is already there and being used, and they would like to have some input into the final plan.

The consultant’s plan is okay but there are many other options that should be considered.

He therefore asked to be able to provide input through formation of a small committee.

They are holding a cleanup on September 17th and he would be happy to provide a tour of the situation.

Cinda McKinnen, member of Friends of the Creek, said they appreciate the City has listened to residents and for giving them a role in the DPP. PlaceWorks has done a professional job; however, the Friends and the Regional Water Board are still hoping for channel restoration with some modest meandering. In fact, the Board insisted on nonencroachment on areas with potential for meanders as a condition of the permit they applied for. She emphasized there is only room for meanders in select properties, thinks the proposed project does not do enough to enhance habitat and would even delete some riparian vegetation due to the trail.

F.1.b
Packet Pg. 16
Attachment: City Council Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) Orinda City Council Minutes Page 9 of 13 09.06.22
Lastly, they were pleased to see the future development would be oriented to face the creek and include civic spaces and creek access from Orinda Way. She thanked Mr.

Buckley for clarifying the FOC option has not been ruled out.

Bruce McGurk, Boardmember on the FOC and hydrologist, commented on the potential for flood risk to the downtown area associated with a highly degraded and disrupted channel that has not done well over time after the 1959-1962 adjustments. He did not see work done by PlaceWorks for the hybrid option which specified removal of the loose and dangerous concrete chunks that are lining the channel and have been involved with flooding at Safeway in the past. He likes the hybrid but is concerned it has a lower ranking by the City.

Regarding the hydrology study, he is surprised they ended up with a model that is a onedimensional model to evaluate flood risk when data is in place from the topographic survey which Questa and PlaceWorks did. It is normal these days to do a 2-D model and have a better representation where the water surface is going at various flow levels.

Lisa Haden, supporter of FOC and said they have worked over two decades to restore San Pablo Creek and to have a meander, expand the cooling riparian habitat for wildlife and people and enhance water quality for the return of fish passage. They have a committed group of hydrologists, biologists, and naturalists which led to consulting to Flow West Designs to maximize the ecology in creek restoration. Since 2019, they have been shared with the City Council and FOC’s Restoration Committee met with the Council for 5 years to discuss opportunities and constraints. The City’s proposal stops short of actualizing this vision by abandoning the meander which is disappointing.

The Flow West Design reduces flood risk by improved hydraulic performance, improves water quality, and increases available aquatic habitat and sustainability and aesthetics, yet there is no mention of the meander in the proposal. She questioned the $125,000 request which Assemblywoman Bauer-Kahan secured at FOC’s request in November 2021 which intended for the project to include the meander, asked that it be considered and not ignored.

Mayor Fay closed the Public Forum and asked for Council discussion.

Vice Mayor Miller asked 1) for a description of 2-D modeling from the City’s consultant, 2) whether the consultant studied only the 1959 to 1963 channel or also on-the-ground conditions that exist today, and 3) clarification why the meander requires participation by all or most of the property owners such that one parcel cannot be developed without the other.

F.1.b
Packet Pg. 17
Attachment: City Council Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) Orinda City Council Minutes Page 10 of 13 09.06.22
Mr. Temple displayed the flood plain maps and said the reason they chose a 1-D model using the Hydraulic Engineering Center’s HEC-ROS model which is used throughout the U.S. A 2-D model will not get any better or higher resolution answer. In some cases where there is flow which is moving in two directions out into the flood plain a 2-D model can be more accurate in predicting this, but in this case, it does not.

He then explained the hydraulics for the culvert at Safeway so regardless of what is done with the channel, the water surface elevation will not be changed in the influence of the back water of the culvert. The critical part of the section will be where the thumb comes out by 436 and up by 439 which are the two lowest parking lots in that area. Once going upstream, the banks go much higher and there is no flooding outside of the bank tops.

They would need to make the channel wider in order to contain extra flow and to compensate for the reduction in slope that will need to be done in order to make the meander. Also, the FOC 2019 concept was never tested hydraulically.

He also noted Orinda is under the FEMA Flood Management Insurance Program. In order to maintain low flood insurance rates for residents, certain policies need to be followed and certain authorizations need to occur to keep its favorable flood control rating.

Regarding the number of parcels for the 2019 plan who would have to give up parking and private property, it would depend on the how deep a radius of curvature the meander would need to be made in. Steeper sloped streams meander less and flat slope screens meander more. Generally, a meander for a channel like this will not be a deep oxbow.

The one constraint that has been given proper consideration is the slope from Camino Pablo down to the creek is very steep. If they were to pull out the concrete or manipulate that slope they would have to do extensive erosion control, discuss issues with Caltrans because it is adjacent to their right-of-way, and one reason they stayed away from the slope is because it is very sensitive and like a Pandora’s Box and could get very expensive. The FOC plan showed some of its meanders moving towards San Pablo Road and encroaching in on that slope, and there would need to be a more structured solution.

Mr. Buckley pointed out that even the hybrid proposal which is included as an appendix would remove 32 parking spaces. Regarding why the City has stated all property owners would need to participate, the early versions of the 2019 plan would have required this; however, there might have been modifications that reduce that amount, but he still thinks most of the parcels would need to participate.

Vice Mayor Miller agreed with the importance of the study, recognized the work of Orinda FOC, voiced support for the Council to move forward, keeping insurance rates low as well as improving the creek and its vision which balances the ecology of the area with public access. She asked to be mindful to not allow the perfect to be the enemy of the good here and thinks this is something they should move forward with.

F.1.b
Packet Pg. 18
Attachment: City Council Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) Orinda City Council Minutes Page 11 of 13 09.06.22
Councilmember Kosla echoed Vice Mayor Miller’s comments, and likes Mr. Buckley’s approach. Getting property owners to participate seems like the best way for the Orinda FOC’s plan to come to life and keeping all plans on the table, but making sure Plan A is something achievable over time. He referred to the Water Course Alteration Permit, and he confirmed with Mr. Buckley that if they have all agency permits except for this one permit, staff could stamp off the plans but just needs to be presented with them.

Mr. Buckley added that the connection with the La Veaga Trail that then leads to the Bay Ridge Trail is actually very helpful for the City in grant applications in the future.

Councilmember Worth said these elements have been very important to understand given the responsibility of the City has for the creek. Because of the comment regarding San Pablo Dam Road, Camino Pablo, and Caltrans, the plan is imperative because there is so little land and right-of-way, and drawings have shown that. She concurred with Councilmember’s comments, and if there is a property owner who chooses to aggregate parcels, the City will have the ability to be ready.

There was clear indication of the potential when they looked at being down behind the Vintage building and for having the creek be visible in the downtown. She knows they will continue to work with what is feasible, and voiced support to move forward. Outside funding is needed to do the work on the creek as well as support and cooperation with landowners.

Councilmember Gee echoed comments and appreciates comments tonight from Orinda FOC, consultants, and staff, and what will end up happening here will be a function of whether they can find funding, developers willing to participate, grants, and any impacts moving forward. She voiced support and thinks it is a good roadmap to include in the DPP.

Mayor Fay echoed comments, said he is happy with what are three options depending on what land owners might do, and what monies are available for the City to move forward. He returned to the noise issue, thinks it is important to understand that the trail and creek cannot reach its full potential if it is experiencing all the noise from Camino Pablo so he hopes further action can be taken to buffer this and to assure it will be addressed. He also thinks this memo provides the Council with a very good tool.

H.3. Discuss and Provide Direction Regarding Honoring Former Long-time Clay Instructor Anne Parr.

Recommendation:

Staff recommend the City Council review the Facilities Naming Policy and consider directing staff to proceed with honoring former long-time clay instructor Anne Parr by naming a facility space in her honor.

F.1.b
Packet Pg. 19
Attachment: City Council Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) Orinda City Council Minutes Page 12 of 13 09.06.22
Parks and Recreation Director Todd Trimble gave the staff report and overview of staff’s recommendation that the Council honor former long-time clay instructor, Anne Parr. He described Section 2 of the Facilities Naming Policy, which Ms. Parr fits. The architects did some work where they could enclose a space that would have the adequate code requirements to accommodate a kiln in Room 10. He noted the last line of the naming policy indicates this would be formalized by a resolution, and he would need to bring this back at the next meeting for the Consent Calendar.

Councilmember Worth spoke about the amazing contributions of community members, said she was honored to bring this forward, spoke about the policy and cited Ms. Parr’s incredible work to thousands of students taking her classes.

Mayor Fay opened the Public Forum.

Colleen Limons thanked the Council for considering this and said she is daughter 3 of 6.

This is an important moment and spoke about the family’s help with their mother over time, and said they have a solid foundation in the arts because of her. She is now in her 80’s and would still be working had COVID not happened. On behalf of the entire Parr family, she thanked the Council for honoring her.

City Attorney Osa Wolff stated the policy provides that the naming will be memorialized in a resolution. Mr. Trimble will bring this back at the next meeting on the Consent Calendar. She thinks the Council should give staff direction with or without a formal motion.

Councilmembers recognized Ms. Parr for her long-time instruction and thinks it is nice to be able to recognize someone who has contributed so much to the community.

MOTION by Councilmember Worth moved and seconded by Councilmember Gee to direct staff to return with a resolution memorializing long-time clay instructor Anne Parr by naming a facility space the “Anne J. Parr Clay and Kiln Room” in her honor.

Said motion carried by (5-0) roll call vote.

I. COUNCILMEMBERS’ REPORTS – Mayor Fay reported a 2x2 Committee meeting is scheduled for October 17th with MOFD.

J. CITY MANAGER’S REPORT – Mr. Alessio reminded the Council that the next Council meeting will be held on September 27th and there will be a change in office hours effective September 26th where City Hall will be open Monday through Thursdays until 5:30 p.m. and on Fridays until 5:00 p.m. City Hall will be closed every other Friday.

K. MATTERS INITIATED – None.

L. ADJOURNMENT
F.1.b
Packet Pg. 20
Attachment: City Council Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) Orinda City Council Minutes Page 13 of 13 09.06.22
The Regular Meeting was adjourned at approximately 9:40 p.m. to the next Regular Meeting on Tuesday, September 27, 2022 at 7:00 p.m.
______________________________________
Sheri Marie Smith, City Clerk
F.1.b
Packet Pg. 21
Attachment: City Council Meeting Minutes of September 6, 2022 (2921 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: September 27, 2022
Department: City Clerk
AGENDA TITLE: Authorization For Continued Use of Remote Teleconference for City Meetings
RECOMMENDATION:

BACKGROUND:

On October 5th, 2021 the Orinda City Council adopted Resolution No. 42-21 approving the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361. The resolution was ratified on October 19, 2021, and at subsequent meetings through 2021 and 2022.

DISCUSSION:

At the time of adoption, the City Council anticipated that the resolution would appear on its consent calendar for review and ratification or update at regular Council meetings.

The State law authorizes the continuation for as long as the Governor’s proclaimed state of emergency relating to the COVID-19 pandemic remains in effect. On February 25, 2022 Governor Newsom issued an Executive Order which extends the emergency proclamation to June 30, 2022. State law also provides that the City Council determine that they desire to continue remote public meetings and make the necessary findings at least every thirty days. Those findings were contained in Orinda City Council Resolution No. 42-21, which staff recommends the Council vote to ratify based on current conditions.

Approval of this item will allow all public bodies established by the City of Orinda and covered by Resolution No. 42-21 to continue to conduct teleconferencing meetings.

On September 1, 2022, Contra Costa Health Services issued the attached revised Recommendations for Safely Holding Public Meetings in which online meetings are still encouraged.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Weblink to: Staff Report, Adopted Resolution at October 5, 2021 Council Meeting B. Guidelines to Holding Safe Public Meetings 9.1.22
F.2
Packet Pg. 22
Respectfully Submitted by:

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

F.2
Packet Pg. 23
Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.

1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of September 1, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are decreasing or stable, but still remain high at this time. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant and it’s subvariants the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.

2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.

3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.

4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.

5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.

6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.

7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.

Revised 9-1-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
F.2.b
Packet Pg. 24
Attachment: Guidelines to Holding Safe Public Meetings 9.1.22 (2920 : Ratify Continued Teleconference Resolution) City Council
Staff Report
Agenda Item: F.3
Date: September 27, 2022
Department: Finance
AGENDA TITLE: Monthly Report of Receipts and Disbursements for the Period June 1, 2022 through June 30, 2022 and Summary of Revenue, Expenditures, and Preliminary Fund Balances for July 1, 2021 through June 30, 2022
RECOMMENDATION:

Staff recommends that the City Council receive and file this report of receipts, disbursements, and preliminary fund balances for the month of June 2022.

BACKGROUND:

This report combines monthly reporting to the City Council of two separate financial benchmarks: 1) The issuance of checks and payments for obligations incurred by the City during the month; 2) A monthly report of Revenue and Expenditures for the month and preliminary fund balances based on year to date activity.

State Code References to City Financial Reporting
Section 37208 of the Government Code specifies the presentation of payments made by the City to the City Council. An option is available to forego the presentation of these lists provided the City Council ratifies an audited Annual Comprehensive Financial Report (ACFR). The City practice has been to present a monthly listing of payments, which goes above and beyond the minimum requirements in State law. Separate from the Payment Listing, California Government Code Section 41004, requires that the City Treasurer submit a monthly report and accounting of all receipts, disbursements, and fund balances. This is contained in the second half of the report.

DISCUSSION:

Payment Listing
The disbursement listing includes detail for the month of June including: A) Checks and electronic fund transfers (EFT) issued for accounts payable (Listed in descending order of the amount of the payment); B) A summary of purchases made with Credit Cards (US Bank Corp); and C) A listing by name of payroll checks and direct deposits. The total payroll costs are disclosed in the aggregate.

The payment and disbursement report includes detailed itemization of City issued payments as follows:

JUNE 2022 DISBURSEMENTS
F.3
Packet Pg. 25
Type of Transaction Check #’s $ Amount (Incl.

Wires)
General Checks / Wires 66851-67124 2,107,736.06
Payroll 9507-9512 211,724.14
52092-52187
Payroll Tax Withholding Electronic 60,147.33
Retirement/Medical/Clipper Electronic 157,054.77
TOTAL 2,536,662.30
Payments / disbursements processed for the month including general accounts payable plus payroll and benefits totaled approximately $2.5 million. The General Accounts Payable payments totaled about $2.1 million. Approximately 64% of the general accounts payable were comprised of the following categories of expense: 1) Certificate of Participation Semi-Annual Payment ($455,297), 2) Contract billings for County Police Services ($678,791), and 3) City Hall Slope Stabilization contract payments ($219,922).

Included in the listing of General disbursements is a payment to US Bank Corporation for expenses made with purchase cards. In addition to disclosing the total payment to the bank for credit card purchases, a separate summary list detailing the charges is provided (Attachment B). The purchases were made between April 17 to May 15, 2022 and the total expenditures made with credit cards was $16,997.

Report of Revenue / Expenditures and Fund Balances as of June 30, 2022 The following Table displays the activity for the month of June in the first three columns.

The right side of the table reports year to date results including the preliminary beginning and ending fund balance as of June 30, 2022. Rather than listing all of the funds individually the table combines funds by common groups.

Monthly Report of Revenue, Expenditures, and Preliminary Fund Balance (Includes Inter-fund Transfers in Revenue / Expenditures –Preliminary Unaudited) For the Period Ending June 30, 2022
F.3
Packet Pg. 26
CURRENT PERIOD 7/1/2021 YEAR TO DATE: Jul-Jun 6/30/2022 Fund Name / Group
Current
Month
Revenue /
Transfers In
Current
Month
Expenses /
Transfers Out
Beginning
Fund Balance
Year To Date
Revenue
Year To Date
Expenses
Fund Balance
End of Period
General Fund $ 1,085,017 $ 2,121,364 $ 11,021,922 $ 15,157,313 $ 14,198,401 $ 11,980,833 G.F. Measure L Sales Tax 8,829 465,309 3,646,087 131,927 650,584 3,127,430 Add-on Sales Tax Measure R 927,857 70,467 587,348 3,682,761 922,996 3,347,113 Gas Tax 349,769 725,419 452,543 1,124,050 1,006,766 569,827 Impact Fees 51,860 78,476 4,207,943 516,339 396,662 4,327,620 Grants 181,007 86,977 669,380 3,513,251 1,178,146 3,004,485 CCTA Funds (37,907) 736,498 799,949 654,179 1,214,872 239,256 Road Maintenance Fund 215,189 1,068,588 948,301 1,220,742 1,285,231 883,812 Trust Funds (1,071) 60,907 1,466,395 4,739 1,328,283 142,851 Maintenance Assessment Dist. 44,999 12,621 10,877 100,063 104,842 6,098 Stormwater Fund 113,007 29,644 279,664 126,654 270,790 135,528 Library Fund 27,024 58,581 302,123 526,236 419,788 408,571 Wilder Community Facilities Dist. 504,456 30,014 205,263 504,695 262,042 447,916 Debt 242,922 6,140 2,163,069 2,882,612 2,639,945 2,405,737 Internal Service Funds 3,950 24,166 2,510,294 1,026,849 593,563 2,943,580 Road Emergency Stabilization 1,130 53,253 825,526 5,277 71,051 759,752 Other Capital Projects 388 95,596 2,444,992 117,119 505,051 2,057,060 TOTAL ALL FUNDS $ 3,718,426 $ 5,724,020 $ 32,541,676 $ 31,294,808 $ 27,049,013 $ 36,787,471 As noted, this report is preliminary as June 30th represents the end of the Fiscal Year.

Finance Staff are finalizing the accrual of July and August payments and revenue associated with Fiscal Year 2021-2022. This means accounting entries are made that will record expenses paid in July and August as a June 30, 2022 expense. This entry is only made after confirming that the services or supplies were related to FY 2021-2022.

A similar process is done with revenue received after June 30th but should be recorded in the last fiscal year. This also means that the first part of the report which is a listing of checks issued in the month of June will not match the total expenditures reported in the information presented by Fund. The monthly report of Revenue, Expenditures, and Fund Balance includes preliminary accounting accruals.

Total revenue recorded thus far for the month of June was close to $3.7 million and total expenditures were approximately $5.8 million. The most significant revenue item was Sales Tax for April through June of $1.3 million, including Measure R Add-on Sales Tax of $921,480. These funds were largely received after June 30th.

As noted in the Table above, the total fund balance across all funds as of June 30th has increased by approximately $4.2 million from the July 1, 2021 beginning balance of $32.5 million. The largest contributors for the increase are Grants Fund ($2.3 million) for the receipt of American Rescue Plan (ARP) Federal Local Fiscal Recovery Fund in July 2021, and Add-on Sales Tax Measure R Fund ($2.8 million), offset by decrease of $1.3 million in Trust Fund associated with the resurfacing of the Wilder ball fields.

Finance Staff are finalizing the accrual of July and August payments and revenue associated with Fiscal Year 2021-2022. More detailed information will be presented after the Finance Department prepares final entries for the audit.

FISCAL IMPACT:

There is no fiscal impact associated with receiving this report.

F.3
Packet Pg. 27
ATTACHMENTS:

A. June 2022 Check Listing
B. June 2022 Cal-Card Transactions
C. June 2022 Payroll Listing
Respectfully Submitted by:

Doug Alessio
Administrative Services Director
Prepared By: Nancy Zhang,
Approved by:

F.3
Packet Pg. 28
City of Orinda
Check/Voucher Register
From 6/1/2022 Through 6/30/2022
Check Number Check Date Payee Transaction Description Check Amount 1993457 6/24/2022 U.S. BANK JUNE 22 CERTIFICATES OF PARTICIPATION 455,296.88 67068 6/28/2022 Treasurer of Contra Costa Coun MAY 22 POLICE SERVICES 346,562.19 66860 6/2/2022 Treasurer of Contra Costa Coun APR. POLICE SERVICES 332,228.69 66884 6/2/2022 NBC Construction & Engineering 2-10/3-31-22 ORINDA CITY HALL SLOPE STABILIZATION 219,922.15 66856 6/2/2022 BIG BELLY SOLAR INC 7-1/6-30-23 ANNUAL LEASE PAYMENT 109,750.35 66876 6/2/2022 WILSEY HAM 3-1/3-31-22, 2021 ANNUAL PAVEMENT REHAB. 67,445.00 67111 6/28/2022 Restoration Management Company WATER DAMAGE - COMM. CTR. 41,683.62 67037 6/16/2022 MCE CORPORATION MAY 22 LANDSCAPE SVCS. 37,123.95 66859 6/2/2022 CCC LIBRARY ADMINISTRATION 1-1/3-31-22, ADDITIONAL HRS. OF LIBRARY SERVICE 31,847.96 67119 6/28/2022 Wildland Corporation MAY 22 CHIPPING SERVICE 28,528.70 66888 6/2/2022 SHUTE MIHALEY & WEINBERGER APR. 22 LEGAL FEES 25,698.33 66925 6/9/2022 CSG CONSULTANTS APR. 22 ENGR. SVCS. 24,630.00 67108 6/28/2022 P G & E 4-23/5-23-22 SVC. 19,599.29
67049 6/16/2022 U S BANK CORPORATION 4-18/5-15-22 CREDIT CARD CHGS. 16,996.82 67122 6/28/2022 Friends of the Wagner Ranch INSTR. CONTRACT - NATURE CAMPS 15,995.00 66870 6/2/2022 EBMUD 3-17/5-18-22 SVC. 15,694.57
66867 6/2/2022 DEWBERRY ENGINEERS INC. 4-2/4-29-22, SEISMIC RETROFIT - BEAR CREEK/SAN PABLO 15,113.19 67009 6/16/2022 DC ELECTRIC GROUP INC APR. 22 EXTRA WORK 14,904.71 67123 6/28/2022 WEX INC MAY 22 GASOLINE CHGS. 12,205.59 67110 6/28/2022 PlaceWorks, Inc. APR. 22 HOUSING ELEMENT & SAFETY 11,987.55 67044 6/16/2022 Z SPORTZ INC INSTR. CONTRACT - SKYHAWKS 10,454.40 67038 6/16/2022 THE MUSIC COMPANY AUDIO CABLE REPAIR 9,577.13 67101 6/28/2022 KRIS MUELLER INSTR. CONTRACT - MUSICAL THEATER 9,473.75 67120 6/28/2022 Tripepi, Smith and Associates GRAPHIC ART SERVICES 7,593.75 66929 6/9/2022 GHIRARDELLI ASSOCIATES, INC MAR. 22 ANNUAL PAVEMENT REHAB. 7,516.34 66869 6/2/2022 EAST BAY TREE SERVICE BRUSH & POISON OAK REMOVAL - 22 DESCANSO DR 7,250.00 67048 6/16/2022 UNIVERSAL BUILDING SERVICES MAY 22 JANITORIAL SVCS. 6,849.00 67040 6/16/2022 PARK ENGINEERING FEB - MAR. 22, CAMINO PABLOF BIKE ROUTE 6,459.75 66898 6/9/2022 ASSOC OF BAY AREA GOVERNMENTS JUNE 22 NATURAL GAS SERVICE 6,226.45 66977 6/16/2022 Bricks 4 Kidz INSTR. CONTRACT - LEGO CAMPS 6,210.75 67036 6/16/2022 LITTLE MEDICAL SCHOOL INSTR. CONTRACT - LITTLE MEDICAL SCHOOL 6,210.00 67112 6/28/2022 LYNDA KAY REXROAT INSTR. CONTRACT - COOKING CAMP 6,201.00 66940 6/16/2022 Advanced Mobility Group FEB. 22 ON-CALL TRAFFIC ENG. SERVICES 5,950.42 67041 6/16/2022 Records Control Services, Inc. RECORDS RETENTION PROGRAM 5,834.40 66879 6/2/2022 Scott Kontny & Merida Diaz REFUND COMPLETED LANDSCAPE BOND - 4 SUNRISE HILL RD. 5,830.00 66897 6/9/2022 Advanced Mobility Group APR. 22 ON-CALL ENGR. SERVICES 5,420.00 67061 6/28/2022 BUILD YOUR OWN GARMENT CAMP ORINDA SHIRTS 5,291.71 66921 6/9/2022 California Consulting, Inc. JUNE 22 GRANT WRITING SVCS. 5,000.00 67012 6/16/2022 DOG DYNAMICS INC INSTR. CONTRACT - DOG OBEDIANCE 4,983.34 67097 6/28/2022 MAD SCIENCE OF MT. DIABLO INSTR. CONTRACT - MAD SCIENCE 4,752.00 66854 6/2/2022 ASI AIR SYSTEMS INC HVAC FILTER CHANGE - LIBRARY 4,663.25 66873 6/2/2022 GATE AND ASSOCIATES 4-30-22, CROSSROADS GATEWAY MINI PARK 4,309.00 66886 6/2/2022 P G & E 3-16/4-14-22 SVC. 4,295.28
66939 6/16/2022 ABSOLUTE PLUMBING CITY HALL LEAK REPAIR 4,172.00 67085 6/28/2022 KR Electric, Inc. NEW LIGHTING - RANCH HOUSE 4,072.86 67058 6/28/2022 BERKELEY CHESS SCHOOL INSTR. CONTRACT - CHESS CAMP 4,025.00 67065 6/28/2022 MYEVE CAPOZZI INSTR. CONTRACT - GLEE CLUB 3,750.00 67070 6/28/2022 CINTAS CORPORATION CLEANING SERVICE 3,676.59 67075 6/28/2022 CSW/Stuber-Stroeh Engineering EVALUATION - BARBARA RD & OAK RD 3,532.50 67010 6/16/2022 DC ELECTRIC GROUP INC APR. 22 ROUTINE WORK 3,525.73 67008 6/16/2022 CINTAS CORPORATION CLEANING SVC. 3,487.53 67082 6/28/2022 ISSCO BACKFLOW IRRIGATION REPLACEMENT 3,447.00 66919 6/9/2022 BAY AREA NEWS GROUP EAST BAY MAY 22 CLASSIFIED ADS 3,240.48 66889 6/2/2022 STANTEC CONSULTING SVCS CONSULTING SVCS. - ADA RESTROOM RENOVATION 3,010.50 67114 6/28/2022 Z SPORTZ INC INSTR. CONTRACT - SKYHAWKS 3,000.00 Page: 1
F.3.a
Packet Pg. 29
Attachment: June 2022 Check Listing (2872 : Monthly Disbursements Rev Exp Fund Balance - June 2022) City of Orinda
Check/Voucher Register
From 6/1/2022 Through 6/30/2022
Check Number Check Date Payee Transaction Description Check Amount 67083 6/28/2022 JAF ASSOCIATES, INC. INSTR. CONTRACT - TENNIS CAMP 2,992.50 66973 6/16/2022 ASI AIR SYSTEMS INC OIL & FILTER CHANGE - LIBRARY HVAC 2,776.00 66853 6/2/2022 AMS AMERICAN MECHANICAL SVCS CITY HALL HVAC REPAIRS 2,261.00 67047 6/16/2022 PATRICIA TOMLINSON INST. CONTRACT - BALLET 1,981.58 66883 6/2/2022 Municipal Pooling Authority JUNE 22 LIFE/LTD INSURANCE 1,956.19 67011 6/16/2022 ANDREW DIEFENBACH INSTR. CONTRACT - PICKLEBALL 1,917.30 67024 6/16/2022 GCS ENVIRONMENTAL EQUIPMENT SE VEHICLE MAINT. - SWEEPER 1,881.10 66931 6/9/2022 HINDERLITER DE LLAMAS APR- JUN 22 SALES TAX 1,808.37 66864 6/2/2022 ANDREW DIEFENBACH INSTR. CONTRACT - PICKLEBALL 1,786.40 66887 6/2/2022 Restoration Management Company CITY HALL MOLD REMEDIATION 1,711.47 67025 6/16/2022 CAROL GRIFFIN INSTR. CONTRACT - BRIDGE CLASS 1,575.00 66863 6/2/2022 DELTA FENCE COMPANY INC. CHAIN LINK FENCE REPAIRS 1,527.00 67096 6/28/2022 LCC ENGINEERING & SURVEYING MARTHA RD/CATHERINE COURT PATHWAY 1,460.95 67072 6/28/2022 Comcast Business 6-13/07-12-22, SVC 1,442.90 66893 6/2/2022 U S POSTMASTER ORINDA POSTAGE FOR DIRECT MAILINGS 1,426.74 67118 6/28/2022 TEAMSTERS LOCAL UNION 856 JUNE 22 (PASS THRU DUES) 1,370.00 67056 6/28/2022 Battalion One Fire Protection SPRINKER INSPECTION - WILDER RANCH 1,360.00 66875 6/2/2022 GRANICUS INC JUN 22, AGENDA MEETING SOFTWARE 1,359.60 67045 6/16/2022 Spiders Ultimate LLC INSTR. CONTRACT - SPIDERS ULTIMATE SPORTS CAMP 1,332.00 67052 6/16/2022 Larry Wadford INSTR. CONTRACT - MARTIAL ARTS 1,287.00 67028 6/16/2022 HSI Workplace Compliance 6-28/6-27-2023, SAFETY DATA MANAGEMENT SYSTEM 1,250.00 67071 6/28/2022 COLE SUPPLY CO. SUPPLIES 1,215.31
67006 6/16/2022 Treasurer of Contra Costa Coun APR. 22 FORENSIC SERVICES 1,175.00 67015 6/16/2022 EBMUD 3-17/5-18-22 SVC. 1,153.91
66924 6/9/2022 CONCORD GARDEN EQUIPMENT & SPO MAINT. SUPPLIES 1,112.12 66899 6/9/2022 BASIC PVR 6-10-22 FLEX SPENDING 1,102.88 67055 6/28/2022 BASIC PVR 6-24-22 FLEX SPENDING 1,102.88 67076 6/28/2022 ANDREW DIEFENBACH INSTR. CONTRACT - TENNIS CAMP 1,102.50 67054 6/28/2022 AMS AMERICAN MECHANICAL SVCS HVAC REPAIR - CITY HALL 1,084.04 66936 6/9/2022 PURCHASE POWER POSTAGE METER REFILL 1,020.99 67033 6/16/2022 IEDA JUN 22 LABOR RELATIONS CONSULTING 1,009.00 66894 6/2/2022 VERIZON WIRELESS 4-11/5-10-22, CELL SERVICE 944.61 66974 6/16/2022 AT&T 5-4/6-3-22 SVC. 938.72
67121 6/28/2022 UNIVERSAL BUILDING SERVICES JANITORIAL SVCS. 938.00 66861 6/2/2022 CINTAS CORPORATION CLEANING SVCS. 870.02 66891 6/2/2022 UNIVERSAL BUILDING SERVICES APR. 22 JANAITORIAL SVC. 808.00 66851 6/2/2022 T-MOBILE USA, Inc. MAY 22 CELL PHONE SERVICE 798.28 67022 6/16/2022 ANDREA GASPARI INSR. CONTRACT- GYMNASTICS 780.00 66882 6/2/2022 TOWN OF MORAGA FIOLI HOUSE SENIOR TRIP 778.75 67107 6/28/2022 Pestfinders Pest & Termite Svc PEST CONTROL - CITY HALL 725.00 67078 6/28/2022 MORGAN DZIAD INSTR. CONTRACT - BABYSITTING 711.00 67060 6/28/2022 BOMAC'S INC. DOOR LOCKING REPAIRS - LIBRARY 661.98 67013 6/16/2022 DOJ ACCOUNTING SERVICES MAY 22 FINGERPRINTING 633.00 66896 6/9/2022 ACCESS INFORMATION MANAGEMENT JUN 22 STORAGE DOCUMENTS 628.65 67084 6/28/2022 KONE Pasadena 6-1/8-31-22 ELEVATOR MAINT. - CITY HALL 626.40 67116 6/28/2022 STANTEC CONSULTING SVCS ADA RESTROOM RENO CONSULTING SVCS. 611.00 67077 6/28/2022 JEANNE DOWELL INSTR. CONTRACT - YOGA 588.00 67059 6/28/2022 BERRY BROS. TOWING & TRANSPORT CONTAINER REMOVAL - 10 ORINDA FIELDS 575.00 67026 6/16/2022 LISA HARPER 06-07-22 CITY COUNCIL MINUTES 570.00 66895 6/2/2022 VISION SERVICE PLAN CA JUNE 22 VISION SERVICE 559.20 66892 6/2/2022 UNITED SITE SERVICES INC 5-11/6-07-22, PORTABLE RENTAL 539.04 67080 6/28/2022 FAST SIGNS CORRUGATED PLASTIC SIGN 505.19 66866 6/2/2022 JEANNE DOWELL INSTR. CONTRACT - YOGA 504.00 67113 6/28/2022 Safeshields Inc DBA Maz Glass INSTALL TEMPERED GLASS - WILDER MAINT. BLDG. 498.00 67042 6/16/2022 Curtis Roberts Mold Inspection MOLD INSPECTION - CITY HALL 495.00 Page: 2
F.3.a
Packet Pg. 30
Attachment: June 2022 Check Listing (2872 : Monthly Disbursements Rev Exp Fund Balance - June 2022) City of Orinda
Check/Voucher Register
From 6/1/2022 Through 6/30/2022
Check Number Check Date Payee Transaction Description Check Amount 67005 6/16/2022 SPORTS SUPPLY GROUP INC MLB REPLICA HATS 451.93 67099 6/28/2022 MEHRAN MOJTAHEDI INSTR. CONTRACT - JUJITSU 434.50 66877 6/2/2022 INTREPID ELECTRONIC SYSTEMS FIRE ALARM SYSTEM MONITORING 6-1/5-31-23 420.00 66857 6/2/2022 BIG O TIRES FLAT REPAIR - VEHICLE #93 398.72 66890 6/2/2022 STAPLES CONTRACT & COMMERCIAL SUPPLIES 380.15 66872 6/2/2022 FOLGER GRAPHICS RED FLAG DAY POSTCARD MAILING 377.48 66885 6/2/2022 OTIS ELEVATOR COMPANY JUN. 22 ELEVATOR MAINT. 371.00 66878 6/2/2022 DAVID GORDON REFUND FOR CAMP ORINDA - AQUA ADVENTURE 370.80 67017 6/16/2022 ECOFERT INC MAY 22 FERTIGATION SERVICES 365.00 66922 6/9/2022 CALIFORNIA STATE DISBURSEMENT 6-10-22 GARNISHMENT 356.76 67064 6/28/2022 CALIFORNIA STATE DISBURSEMENT 6-24-22 GARNISHMENT 356.76 66855 6/2/2022 BERRY BROS. TOWING & TRANSPORT TIRE CHANGE - VEHICLE #84 345.00 66923 6/9/2022 CALIFORNIA STATE DISBURSEMENT 6-10-22 GARNISHMENT 307.84 67063 6/28/2022 CALIFORNIA STATE DISBURSEMENT 6-24-22 GARNISHMENT 307.84 67117 6/28/2022 STAPLES CONTRACT & COMMERCIAL SUPPLIES 300.13 66881 6/2/2022 MIRAMONTE HIGH SCHOOL REFUND OF RENTAL DEPOSIT - ART & GARDEN CTR. STUDIOS 300.00 66852 6/2/2022 ABSOLUTE PLUMBING CITY HALL LEAK REPAIR 297.00 66975 6/16/2022 VERY NICE POOLS JUN 22 FOUNTAIN SERVICE 244.96 67035 6/16/2022 JANET KAUFMAN INSTR. CONTRACT - NIA 240.00 67043 6/16/2022 Catherine C Ronneberg REFUND RENTAL SECURITY DEPOSIT 235.00 67018 6/16/2022 FAST SIGNS SIGNS 230.05
67073 6/28/2022 CRESCO EQUIPMENT RENTALS MAINT. SUPPLIES - DISCHARGE HOSE 230.05 67020 6/16/2022 FORENSIC SERVICES DIVISION JAN-MAR. 22 FORENSIC SERVICES 224.70 66858 6/2/2022 California Printer Repair, Inc REPAIRS & PARTS FOR LEXMARK PRINTER FOR FINANCE 222.68 67019 6/16/2022 Cindy Feng REFUND CANCELLED SPORTS CAMP 190.55 67034 6/16/2022 DAVID GORDON REFUND FOR SPORTS CAMP CLASS 190.55 66880 6/2/2022 Carolyn Mills REFUND OF RENTAL DEPOSIT - LIBRARY GARDEN ROOM 185.00 66928 6/9/2022 GHA TECHNOLOGIES, INC POLE MOUNT FOR CAMERA 182.09 67100 6/28/2022 MOUSER LAW FIRM, MAY 22 HR LEGAL SERVICES 174.00 67039 6/16/2022 ORINDA ASSOCIATION MAY 22 NEWSPAPER ADS 155.00 67115 6/28/2022 VICTORIA SMITH REFUND OF SECURITY DEPOSIT 150.00 67124 6/28/2022 Kate Wood REFUND OF SECURITY DEPOSIT 150.00 66927 6/9/2022 FRANCHISE TAX BOARD 6-10-22 GARNISHMENT 145.00 67081 6/28/2022 FRANCHISE TAX BOARD 6-24-22 GARNISHMENT 145.00 66874 6/2/2022 GENERAL PLUMBING SUPPLY CO. PLUMBING SUPPLIES - COMM. CTR. 139.49 66938 6/9/2022 ROBERT THOMPSON 6-5 & 6-6-22 MILEAGE 129.00 67109 6/28/2022 PITNEY BOWES PURCHASE POWER 4-1/6-30-22 METER RENTAL 128.41 66865 6/2/2022 DOJ ACCOUNTING SERVICES APR. 22 FINGERPRINTING 128.00 67098 6/28/2022 Mikes Automotive Service OIL CHANGE - VEHICLE 89 110.70 67057 6/28/2022 BAY AREA BARRICADE SERVICE TRAFFIC CONTROL SIGNAGE 104.27 67062 6/28/2022 CAFFE TEATRO LIBRARY GROUNDBREAKING FOR COMM. CTR. SUPPLIES 103.10 66871 6/2/2022 FAST SIGNS TENNIS COURT SIGNS 100.62
67053 6/28/2022 ADVANCE TITLE RESEARCH TITLE RESEARCH - MORAGA WY BELOW 12 CHELTON CT. 100.00 67046 6/16/2022 STEVENS PRINTING BUSINESS CARDS 97.58
67014 6/16/2022 DOLAN'S OF CONCORD LUMBER 97.46
67067 6/28/2022 CCC GENERAL SERVICES DEPT MAY 22 TRAFFIC SIGNAL MAINT. 85.01 67021 6/16/2022 Tre Frane REFUND FOR 2 NIA DROP PASSES 74.16 67106 6/28/2022 ORINDA CHAMBER OF COMMERCE REFUND RENTAL OF SARGE LITTLEHALE CONFERENCE ROOM 74.16 66976 6/16/2022 BASIC Benefits LLC JUNE 22 ADMIN. FEES 71.40 66937 6/9/2022 STAPLES CONTRACT & COMMERCIAL OFFICE SUPPLIES 64.16 67066 6/28/2022 California Printer Repair, Inc CLEANING PARTS 62.50 67079 6/28/2022 EBMUD 4-12/6-9-22 SVC. 57.96
66868 6/2/2022 EAST BAY BLUE PRINT 3-13/4-12-22, SVC. CONTRACT 42.50 67016 6/16/2022 STEVE ECKLUND 6-10 & 6-11-22 MILEAGE 42.12 66920 6/9/2022 BPXPRESS PRINTING SERVICES 36.22
Page: 3
F.3.a
Packet Pg. 31
Attachment: June 2022 Check Listing (2872 : Monthly Disbursements Rev Exp Fund Balance - June 2022) City of Orinda
Check/Voucher Register
From 6/1/2022 Through 6/30/2022
Check Number Check Date Payee Transaction Description Check Amount 67027 6/16/2022 Ricky Hernandez 6-10 & 6-11-22, MILEAGE 35.10 67074 6/28/2022 Micki Cronin REIMB. FOR MILEAGE FOR 4-26 32.72 66926 6/9/2022 FAR WESTERN TROPHY AWARD NAME BADGE 20.31 66930 6/9/2022 Ricky Hernandez 6-5-22 MILEAGE 17.55
66862 6/2/2022 CONCORD GARDEN EQUIPMENT & SPO CHAIN SHARPENING 11.00 67023 6/16/2022 0.00
Report Total 2,107,736.06
Page: 4
F.3.a
Packet Pg. 32
Attachment: June 2022 Check Listing (2872 : Monthly Disbursements Rev Exp Fund Balance - June 2022) City of Orinda
Payment Summary for US Bank CalCard Payment
June 2022 (Attachment B)
U. S. BANK CORPORATION
APRIL 18, 2022 THROUGH MAY 15, 2022
STMT. 05-18-2022
Transaction Description $Amount
IN THE PARK MOVIES 80.75
COMBINATION PADLOCKS 251.00
PICNIC TABLE 464.23
STRIKE ZONE MATS 336.72
GENERAL MEETING SUPPLIES 221.59
FACEBOOK ADS 7.84
CORRECTABLE MARKERS 54.04
SUBSCRIPTION - EAST BAY TIMES 14.00
HARDWARE SUPPLIES - PW 25.21
HARDWARE SUPPLIES - PARK & REC. 107.53
DRAINAGE MATERIAL 139.20
MAINT. SUPPLIES - SAW 333.99
AIR FILTERS 144.45
VEHICLE MAINT. - '16 CHEVY 252.13
MAINT. SUPPLIES - PW 612.52
JOB POSTINGS - ENGR. & SR. ADMIN. 840.00
SUPPLIES 95.41
PRESENTATION JACKETS 412.36
TIRES - '16 SILVERADO & VEHICLE SUPPLY 704.27
BOBCAT REPAIRS - GASKET 893.53
CONCRETE MIX, TUNE-UP KIT, MAINT. SUPPLIES 198.29
JOB POSTINGS - PLNG. INTERN & SR. ENGINEER 150.00
TRAINING CLASS - 1 ATTENDEE 475.00
COGNITO FORMS SUBSCRIPTION 15.00
TUFF SHED - PARTIAL PAYMENT 1,600.00
MTG. SUPPLIES 15.96
TURF COVERS 6,040.86
HARDWARE SUPPLIES 25.22
CREDIT HARDWARE SUPPLIES (25.24)
HARDWARE SUPPIES 65.84
P/R HARDWARE SUPPLIES 443.49
PARK IRRIGATION CONTROLS 59.80
P/R UNIFORM SHIRTS 309.11
LIGHTS, BALLASTS, FACEMASKS, GLOVES, CARPET CLEANER 641.90 FACILITY KNIFE, CABLES, MINI PLIER SET, WALL CLOCK, KEY FOBS 360.78 SENSOR LIGHTS, DUSTER SET, OUTDOOR MAILBOX, FLOODLIGHTS 420.58 OIL CHANGE - VEHICLE #80 128.82
SUPPLIES FOR ADMIN. PROFESSIONALS DAY 80.64
US BANK CHECK #67049 Issued JUNE 16, 2022 16,996.82
Page: 1
F.3.b
Packet Pg. 33
Attachment: June 2022 Cal-Card Transactions (2872 : Monthly Disbursements Rev Exp Fund Balance - June 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for June 2022
Document # Document Date Employee Name First, MI Name
9507 6/10/2022 CaseyCynthia C.
9508 6/10/2022 Hayash Daniel T.
52092 6/10/2022Alessio Douglas R.
52093 6/10/2022Allnutt Wesley H.
52094 6/10/2022Alvarez Patrick James E.
52095 6/10/2022Amerman Jennifer K.
52096 6/10/2022Arroyo Miguel A.
52097 6/10/2022 Biggs David C.
52098 6/10/2022 Bodner Jude C.
52099 6/10/2022 Buckley Drummond F.
52100 6/10/2022 Chatman Rasha
52101 6/10/2022 ChengLy
52102 6/10/2022 Christie Scott
52103 6/10/2022 Cortez Christopher A.
52104 6/10/2022 Cronin Michele B.
52105 6/10/2022 Delmartini Matthew C.
52106 6/10/2022 Ecklund Steven C.
52107 6/10/2022 Ehrhardt Stephen D.
52108 6/10/2022 Fierner Tod D.
52109 6/10/2022 Flores Jennie
52110 6/10/2022 Frank James A.
52111 6/10/2022 Gerk Rueben A.
52112 6/10/2022 Hayden Carla L.
52113 6/10/2022 Hernande
z Ricardo
52114 6/10/2022 Hu
ghes Darin E.
52115 6/10/2022 Karuppusamy Natarajan Sivakumar
52116 6/10/2022 Khorashad Farah
52117 6/10/2022 Leach Mark S.
52118 6/10/2022 Low Jamila
52119 6/10/2022 McCourt Kevin
52120 6/10/2022 Morici Brett C.
52121 6/10/2022 Mui Winnie
52122 6/10/2022 Navarro-Marsili Valentina
52123 6/10/2022 Perez Norma
52124 6/10/2022 Reedy Sisan L.
52125 6/10/2022 Rubalcava Israel P.
52126 6/10/2022 Schaufler Lori B.
52127 6/10/2022 Simon Fletcher A.
52128 6/10/2022 Smith Sheri
52129 6/10/2022 Staton Virginia K.
52130 6/10/2022 Thompson Linda M.
52131 6/10/2022 Thompson Robert A.
52132 6/10/2022 Trimble Todd
52133 6/10/2022 Urbina Vanessa K.
52134 6/10/2022 Wellman-Miner Sheena
52135 6/10/2022 Zhang Ning
9509 6/24/2022 CaseyCynthia C.
9510 6/24/2022 Davis Benjamin J.
9511 6/24/2022 Hayash Daniel T.
9512 6/24/2022 Smith Ivan L.
52136 6/24/2022Alessio Douglas R.
52137 6/24/2022Allnutt Wesley H.
52138 6/24/2022Amerman Jennifer K.

Date: 8/5/2022, 11:22 AM Page: 1
F.3.c
Packet Pg. 34
Attachment: June 2022 Payroll Listing (2872 : Monthly Disbursements Rev Exp Fund Balance - June 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for June 2022
Document # Document Date Employee Name First, MI Name
52139 6/24/2022Arroyo Miguel A.
52140 6/24/2022 Biggs David C.
52141 6/24/2022 Bodner Jude C.
52142 6/24/2022 Buckley Drummond F.
52143 6/24/2022 Chan Matthew
52144 6/24/2022 Chatman Rasha
52145 6/24/2022 ChengLy
52146 6/24/2022 Christie Scott
52147 6/24/2022 Cortez Christopher A.
52148 6/24/2022 Cronin Michele B.
52149 6/24/2022 Delmartini Matthew C.
52150 6/24/2022 Ecklund Steven C.
52151 6/24/2022 Ehrhardt Logan D.
52152 6/24/2022 Ehrhardt Stephen D.
52153 6/24/2022 Fierner Tod D.
52154 6/24/2022 Flores Jennie
52155 6/24/2022 Fordyce Isabella T.
52156 6/24/2022 Frank James A.
52157 6/24/2022 Gerk Rueben A.
52158 6/24/2022 Hayden Carla L.
52159 6/24/2022 Hernandez Ricardo
52160 6/24/2022 Hughes Darin E.
52161 6/24/2022 Jordan Naomi R.
52162 6/24/2022 Karuppusamy Natarajan Sivakumar
52163 6/24/2022 Kemp Diego J.
52164 6/24/2022 Khorashad Farah
52165 6/24/2022 Leach Mark S.
52166 6/24/2022 Low Jamila
52167 6/24/2022 McCourt Kevin
52168 6/24/2022 Mercer Courtney C.
52169 6/24/2022 Morici Brett C.
52170 6/24/2022 Mui Winnie
52171 6/24/2022 Navarro-Marsili Valentina
52172 6/24/2022 Needoba Roger
52173 6/24/2022 Owens Ryan M.
52174 6/24/2022 Perez Norma
52175 6/24/2022 Perusse Colin J.
52176 6/24/2022 Reedy Susan L.
52177 6/24/2022 Schaufler Lori B.
52178 6/24/2022 Scheingart Katherine O.
52179 6/24/2022 Simon Fletcher A.
52180 6/24/2022 Smith Sheri
52181 6/24/2022 Staton Virginia K.
52182 6/24/2022 Thompson Linda M.
52183 6/24/2022 Thompson Robert A.
52184 6/24/2022 Trimble Todd
52185 6/24/2022 Urbina Vanessa K,
52186 6/24/2022 Wellman-Miner Sheena
52187 6/24/2022 Zhang Ning
Date: 8/5/2022, 11:22 AM Page: 2
F.3.c
Packet Pg. 35
Attachment: June 2022 Payroll Listing (2872 : Monthly Disbursements Rev Exp Fund Balance - June 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for June 2022
Document # Document Date Employee Name First, MI Name
Payroll Payments Pay Period 06-10: 101,166.74
Pay Period 06-24 110,557.40
Subtotal Payroll 211,724.14
Payroll Taxes 60,147.33
EE Benefits 157,054.77
Accounts Payable (See Attachment A) 2,107,736.06
Grand total 2,536,662.30
Date: 8/5/2022, 11:22 AM Page: 3
F.3.c
Packet Pg. 36
Attachment: June 2022 Payroll Listing (2872 : Monthly Disbursements Rev Exp Fund Balance - June 2022) City Council
Staff Report
Agenda Item: F.4
Date: September 27, 2022
Department:

Public Works and
Engineering Services
AGENDA TITLE: Award a Professional Services Contract for the Construction Management of the federally funded projects to seismically retrofit Miner Road Bridge over San Pablo Creek (CIP # 0044) and Bear Creek Road Bridge over San Pablo Creek (CIP # 0087) to UNICO Engineering Inc. of Folsom, CA for an amount of $ 302,274.97.

RECOMMENDATION:

Staff recommends that City Council award said contract, authorize the City Manager to administratively approve change orders not to exceed $50,000, and appropriate funding in the amount of $45,000.

BACKGROUND:

The subject seismic retrofit projects, are federally funded and therefore must comply with federal requirements, as administered by Caltrans. The federal project #’s for these projects are: Miner Road Bridge over San Pablo Creek, STPLZ-5444(019) and Bear Creek Road Bridge over San Pablo Creek, STPLZ-5444(018). On May 10, 2022, the city received notification that Caltrans had issued “E-76’s” for the Construction. This authorized advertisement for bids for the construction and also for proposals for the related construction management.

Staff issued an RFP on May 16, 2022 for the construction management of the projects.

For economies of scale and efficiency of Staff time, the two projects were combined into one contract. The work includes construction inspection, special inspection (welding, material testing, etc.), overseeing compliance with regulatory permits (including cultural and biological survey work), and also conformance with the federal requirements applicable to the contract and work.

As required, an advertisement was placed on May 16, 2002 inviting proposals, with a due date of June 7, 2022. Additionally, the invitation was posted on the city web site and the BPX plan room website, and it was emailed to the City’s list of on-call and interested construction management firms.

The city also solicited bids for the construction of the projects (as a combined contract) on May 16, 2022, utilizing the required advertisements and plan rooms, with bids due June 7, 2022. No bids were received for the work. We did reach out to contractors who had purchased plans and were on the plan holders list and they reported the following reasons for not submitting bids:
 Not enough time to complete the job
 Unable to confirm materials (in particular steel procurement, fabrication and installation by subcontractors) where needed would be available in time, due to F.4
Packet Pg. 37
supply chain issues, unpredictability, etc. (Note: using federal required methodology, the construction contract specified a 25% Disadvantaged Business Enterprise (DBE) goal, in part utilizing steel suppliers.)  Already enough projects on books, no capacity and all resources committed  The contractors we spoke to would be interested in bidding if we rebid for next year (i.e. for construction in summer 2023)
The total Project costs are estimated at $1,130,000 for the Miner Road bridge project and $1,680,000 for the Bear Creek Road bridge project. The project costs to date are approximately $550,000 for the Miner project, and $600,000 for the Bear Creek Road project.

DISCUSSION:

California law requires that selection by a local public agency of private professional services (such as the subject construction management work) be based on demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. After such selection, the contract shall be negotiated with the selected firm, at a price determined to be fair and reasonable to the local agency. This State law precludes the selection of providers of these services based solely on cost and Staff have used a procedure that includes first identifying the most qualified firm and then reviewing the cost proposal of the identified firm. The City review does include analysis and a determination that the pricing of the proposed services as negotiated are fair and reasonable. Additionally, the federal funding also requires the professional services RFP to specify a 9% DBE goal.

One firm submitted a proposal: UNICO Engineering Inc. (Unico). Staff found the proposal complete and demonstrated the competence and qualifications of the firm and their representatives. Furthermore, this firm was able to meet and exceed the DBE goal. Staff also obtained Caltrans approval to proceed with only one proposal so that a second attempt of the RFP process would not be required. By awarding this contract now, Unico can provide valuable assistance for the re-bid of the construction contract, planned for mid-December 2022.

The contract (Attachment A) is based on time and materials with a not-to-exceed amount of $302,274.97. Staff also requests authorization for up to a 16.5% contingency ($50,000) in the event that scope changes are necessary. This would authorize the City Manager to administratively amend the contract based on additional work items and a contract amendment would document the change in scope.

NEXT STEPS:

Upon the subject award of the professional services contract by the City Council, the City Manager and City Clerk will execute the contract, in substantial conformance to the attached draft, subject to approval as to form by the City Attorney. Note that this contract, due to federal funding requirements, includes a required Exhibit A which restates the terms of the primary city professional services contract in more detail and contains additional federal clauses (which are typically added to each year). The city F.4
Packet Pg. 38
standard form of the contract and the form of Exhibit A used for the subject contract were reviewed/accepted by the City Attorney in the past.

As noted above, the City will re-bid the construction contract in December 2022 for the summer 2023 construction season. This will allow ample time for contractors to determine their overall schedules, review the regulatory permit requirements and creek work restrictions, and prepare bid forms in accordance with the complicated federal requirements.

FISCAL IMPACT:

The proposed authorized contract amount for the subject work is $302,274.97 plus $50,000 contingency for a maximum amount of $352,274.97. While the base contract amount is within the CIP budget, the full contingency amount is not. Therefore, an appropriation of $45,000 from Fund #205, Transportation Impact Fees, is requested to accommodate the full contingency, as shown below:

Unico contract value
(including contingency) CIP budget Delta
Miner Rd Bridge $ 167,000 $ 140,000 $ 27,000
Bear Creek Rd. Bridge 185,000 167,000 18,000
Subtotal $ 352,000 $ 307,000 $ 45,000
The construction management (also referred to as Construction Engineering/CE by Caltrans) work covered by this contract is partially covered by federal and state funds, with the balance paid by local funding, as described below. For approved “participating costs” the city will invoice Caltrans for 100% reimbursement as follows: federal funds at a ratio of 88.53%, and State Proposition 1B funds at a ratio of 11.47%. In this instance, the participating cost is limited to an amount set forth in the Caltrans programmed amounts from March 2020 for the projects, which are:

Unico contract value Caltrans
(including contingency) Participating cost Delta
Miner Rd Bridge $ 167,000 $ 136,648 $ 30,352
Bear Creek Rd. Bridge 185,000 119,000 66,000
Subtotal $ 352,000 $ 255,648 $ 96,352
Therefore, the maximum non-reimbursable amount would currently be $96,352. Staff intends to request that Caltrans increase their authorized participation cost for the work.

We believe the increased costs are due to unanticipated increased scope of work due to State Water Board and Dept. of Fish & Wildlife regulatory permit requirements and inflation that has occurred since March 2020. If our request for additional funding is not successful, local funds will be utilized for the non-participating amount of up to $96,352, as budgeted. The Traffic Impact Fee Fund (Fund #205) has adequate available fund balance available to facilitate this request.

ATTACHMENTS:

F.4
Packet Pg. 39
A. UNICO services contract (draft)
B. UNICO Proposal June 7, 2022
C. Budget Adjustment for Traffic Impact Fund #205
Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Scott Christie, Public Works Director
Approved by:

F.4
Packet Pg. 40

CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2022-2023
Funds Appropriated Mid-Cycle Update Adopted 6/21/2022
CHANGE FORM # 003-2023
New Appropriations (City Council Approval Required): Budget Transfers:

X From Un-Appropriated Reserves From Budgeted Contingent Reserve (Approval Req’d) ____ Reduction To Adopted Budget

GENERAL FUND
New Revenue ONLY
Between Departments (City Council Approval Req’d)
Other:

BUDGET ACCOUNT
(Revenue / Expense)

INCREASE
AMOUNT

DECREASE
AMOUNT
Increase of Budgeted Expense in FY 2022‐2023
EXPENSE: 205‐35‐00‐7127‐0044

TRAFFIC IMPACT FEE FUND / PUBLIC WORKS / NO PROGRAM /

CONSTRUCTION COSTS / MINER ROAD BRIDGE SEISMIC RETROFIT $27,000
Increase of Budgeted Expense in FY 2022‐2023
EXPENSE: 205‐35‐00‐7127‐0087

TRAFFIC IMPACT FEE FUND / PUBLIC WORKS / NO PROGRAM /

CONSTRUCTION COSTS / BEAR CREEK BRIDGE SEISMIC RETROFIT $18,000

As Presented at the City Council Meeting on: September 27, 2022 #################(Finance Use Only)###################
Posted By: Date:

REASON FOR BUDGET CHANGE ENTRY: At the City Council meeting on September 27, 2022, the City Council was presented with changes to the adopted Budget in order to proceed with a Construction Management Service Contract with UNICO Engineering Inc. which will be utilized for both projects listed above
F.4.c
Packet Pg. 41
Attachment: Budget Adjustment for Traffic Impact Fund #205 (2908 : Bridges CM contract) City Council
Staff Report
Agenda Item: F.5
Date: September 27, 2022
Department: Parks and Recreation
AGENDA TITLE: Resolution Honoring Former Long-time Art and Clay Instructor Anne Parr by Naming the Community Center Clay & Kiln Room After Her RECOMMENDATION:

Staff recommends the City Council approve City Council Resolution 45-22 in order to honor former long-time art and clay Instructor Anne Parr by naming the Community Center Clay & Kiln Room after her.

BACKGROUND: At the September 6, 2012 regular meeting, the City Council reviewed and discussed the possibility as outlined in the staff report (Attachment B) of naming the Community Center Clay & Kiln Room after long-time instructor Anne Parr. Consistent with the City’s naming policy (Attachment C), the Council voted unanimously to follow the staff recommendation and name the kiln room at the Orinda Community Center the Anne J. Parr Clay and Kiln Room in Anne’s honor for her contributions to the City of Orinda.

DISCUSSION: Policy 3.17, Naming or Memorializing of City Facilities, Parks, Open Space, and Trails, stipulates, as the final step of the procedural process, the naming will be finalized by City Council resolution. Unfortunately, the resolution was not available for the September 6, 2022 meeting. The Council chose to accept the recommendation and requested the resolution appear on the Council’s consent calendar for approval at the next meeting.

NEXT STEPS: Once approved, the next step is to install the naming plaque.

FISCAL IMPACT: Nominal; cost of a plaque.

ATTACHMENTS:

A. Resolution 45-22 Honoring Anne Parr
B. Weblink to: Staff Report from City Council Meeting of September 6, 2022 C. Policy on Naming of City Facilities
Respectfully Submitted by:

Todd Trimble
Director of Parks and Recreation
Prepared By: Todd Trimble, Director of Parks and Recreation F.5
Packet Pg. 42
Approved by:

F.5
Packet Pg. 43

BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:

RESOLUTION Honoring Anne J. Parr by naming
a portion of the Orinda Community Center in her
honor
)
)
RESOLUTION NO. 45-22
WHEREAS, on August 7, 2012 the City Council adopted a policy for the Naming or Memorializing of City Facilities, Parks, Open Space, and Trails; and WHEREAS, the Parks and Recreation Department received inquiries regarding honoring long time art and clay instructor Anne J. Parr through naming of a portion of the Orinda Community Center in her honor; and
WHEREAS, Councilmember Amy Worth, at the regular meeting of August 16, 2022, under Matters Initiated, requested an agenda item come before the City Council to honor Anne Parr; and
WHEREAS, the City Council, at the regular on September 6, 2022, considered the recommendation from staff to name a portion of Room 10 in the Orinda Community Center (the kiln room) for Anne Parr, and voted unanimously to approve the recommendation and to, per policy direction, finalize the decision by City Council Resolution at a future meeting; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby name the kiln room at the community center The Anne J Parr. Clay and Kiln Room; in Anne’s honor.

Adopted by the City Council of the City of Orinda at a regular meeting on September 27, 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Dennis Fay, Mayor
ATTEST:

Sheri Smith, City Clerk
F.5.a
Packet Pg. 44
Attachment: Resolution 45-22 Honoring Anne Parr (2907 : Honoring Anne Parr) 1 City of Orinda
Administrative Regulations
Naming or Memorializing of City Facilities, Parks, Open Space, and Trails PURPOSE: To specify the City’s objectives and procedures in the naming of public facilities, parks, open space and trails.

POLICY: It is the policy of the City of Orinda to name public lands and facilities using labels reasonably connected, by the public, with the location of the amenity, historical significance, and/or natural feature.

1. Naming: Naming is a way to remember shared history, to identify local natural resources and to honor individuals who have contributed significantly to the City of Orinda.

1.1.It is also a useful way to help park users interpret parkland resources and to orient themselves while visiting city-owned facilities. Examples of landmarks or points of interest where names may be derived include:

1.1.1. Adjacent Street name

1.1.2. Prominent physical or geographic feature

1.1.3. Natural features such as plant and animal life

1.1.4. Archaeological resources

1.1.5. Primary Use Activity

1.1.6. Historically significant feature, events, name, use or individual(s)

2. Memorializing: Facilities, or portions, thereof may be dedicated in memory, or honor of, individuals who have contributed significantly to the City of Orinda and will be considered on a case-by-case basis for appropriate parks, open space, trails, and facilities.

3. Name Proposals: Proposals for the naming, re-naming or memorializing of City facilities or resources shall come from the City Council. The City Council, at its discretion, may refer proposed names to the Parks and Recreation Commission, or other appropriate advisory body, for its recommendation prior to taking action on a proposal.

4. Re-naming: The name used may be changed in the future, if desired, based on a vote of the City Council.

A.R. Number: 3.17
Adopted Date: 8/7/12
Resolution #: 44-12
Amended Date:

Page: 1 of 2
F.5.c
Packet Pg. 45
Attachment: Policy on Naming of City Facilities (2907 : Honoring Anne Parr) 2 5. Plaques and Markers: Plaques and markers, in conjunction with naming, will be appropriately designed and placed in a manner serving the best interests of the community.

5.1.The City will make every effort to preserve any dedication plaque or other dedicated object. If necessary, due to repair of surrounding areas, construction or redesign of a facility, the plaque or dedication object may be relocated. If the plaque or other dedication object cannot continue to be reasonably maintained or after a period of ten years, it may be removed by the City.

6. Rejection of Request: The City reserves the right to reject any request for memorializing a City facility or property.

PROCEDURE:

1. Individuals, groups or organizations that want the City to approve a specific name for a City facility or property or in some way memorialize a contribution shall make their request directly to the City Council via the public forum provided at a scheduled City Council meeting.

2. The City Council may at its own discretion initiate a proposal to name a City facility or property.

3. The City Council shall consider the request and direct the City Manager to either include on the Council agenda for consideration or forward the proposal to the Parks and Recreation Commission, or appropriate advisory body, for recommendation prior to Council action.

4. The City Council shall review and approve or deny all proposals for naming or memorializing City facilities, parks, open space, and trails.

5. Naming will be finalized by City Council Resolution.

F.5.c
Packet Pg. 46
Attachment: Policy on Naming of City Facilities (2907 : Honoring Anne Parr) City Council
Staff Report
Agenda Item: F.6
Date: September 27, 2022
Department:

Public Works and
Engineering Services
AGENDA TITLE: Utility Trench Cut Permits- Street Moratorium Policy Update RECOMMENDATION:

Receive and file report
BACKGROUND:

At the July 5, 2022 City Council meeting, the subject item was discussed, including revisions made in July 2021. During the July 5, 2022 meeting, it was requested that a minor revision be made to the policy to emphasize that permanent trench repairs need to restore the street to the pre-exiting condition or better.

DISCUSSION:

Staff has made the revision as highlighted in the attached document (Attachment A), “Utility Trench Cut Permit Conditions & Moratorium Policy on New Pavements” NEXT STEPS:

Staff will provide the revised document to permittees when encroachment permits are issued.

FISCAL IMPACT:

There is no material fiscal impact to the City associated with the updated Utility Trench Cut Permit Conditions & Moratorium Policy on New Pavements.

ATTACHMENTS:

A. Orinda Trench Permit Conditions and Street Moratorium Policy (DRAFT rev 9-20-22) Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Scott Christie, Public Works Director
Approved by:

F.6
Packet Pg. 47
F.6
Packet Pg. 48
C:\users\sspediacci\appdata\roaming\iqm2\minutetraq\[email protected]\work\attachments\6378.docx

Utility Trench Cut Permit Conditions & Moratorium Policy on New Pavements September 20, 2022
Trench Cut Permit Conditions

1. Construction shall conform to the latest revision of the County “Utility Trench Cut Details”, Plan No. CU01, with the following more restrictive conditions:
a. For transverse trenches on arterial and collector streets, the asphalt saw cut line shall be 4 feet (rather than 1 foot) outside of the trench line

2. Final patching shall completed within the time limits specified below:
a. Arterial streets: 48 hours
b. Collector streets: 7 calendar days
c. All other streets (local/residential): 14 calendar days d. Utility company may do a temporary patch, using hot mix asphalt, provided the permanent repair is completed within 14 calendar days (for arterials) and 28 calendar days for all other roads

3. New trenches adjacent to existing trenches: where the proposed new trench is closer than 2 feet to the edge of an existing adjacent trench (regardless of trench owner), both trenches shall be patched in accordance with the conditions herein.

Moratorium Policy on New Pavements
There shall be a moratorium on trenching in streets for non-emergency work that have been recently worked on as part of the City’s street maintenance/rehabilitation program. For streets that have had a surface treatment such as a slurry seal, chip seal or micro-surfacing, the moratorium on utility cuts in the street is three (3) years. For overlaid, mill & fill, or reconstructed/full depth reclamation streets the moratorium on utility cuts is five (5) years.

Non-emergency trench cuts on streets under the moratorium may be permitted under certain conditions by the encroachment permit process, but will be subject to additional requirements as provided herein and subject to City approval.

The structural and ride quality of the repaired section shall be equal to or better than the condition prior to the repair. This ride quality requirement also applies to temporary trench paving put in place until the final repair.

Additional Repairs for Moratorium Streets
When a trench cut is permitted in moratorium streets, the trench cut conditions indicated above shall apply, and the following additional mitigation shall apply:
 Surface treated streets shall have Type II Slurry Seal (Caltrans Std.) as follows:

1. For residential roads and streets, the entire width of the road for the length of the trench plus a minimum of three feet on each end of the trench*. Specific conditions will be considered that could reasonably alter the extent required in order to achieve the end result.

F.6.a
Packet Pg. 49
Attachment: Orinda Trench Permit Conditions and Street Moratorium Policy (DRAFT rev 9-20-22) (2913 : trench cut permit conditions update) C:\users\sspediacci\appdata\roaming\iqm2\minutetraq\[email protected]\work\attachments\6378.docx

2. For wide/multi-lane roads the slurry seal application shall be for the length of the trench plus a minimum of 3 feet on each end of the trench* for the entire width of:
 the affected travel lane, or
 if multiple lanes are affected, those lanes, or
 if in the center of the street, both directions to the nearest lane line or curb to curb.  For overlaid or reconstructed/full depth reclamation streets, the length of the trench plus a minimum of three feet beyond each end of the trench* will be repaired such that the pavement will be cold-planed/ground down to accept a 0.15 foot depth overlay of ½ inch max gradation, Type A (Caltrans Std.) Hot Mix Asphalt for the entire width of:
 the affected travel lane, or
 if multiple lanes are affected, those lanes, or
 if in the center of the street, both directions to the nearest lane line or curb to curb. *Multiple bell-hole type excavations along a street will be considered a single trench and the repair limits will extend three feet beyond the farthest edges.

F.6.a
Packet Pg. 50
Attachment: Orinda Trench Permit Conditions and Street Moratorium Policy (DRAFT rev 9-20-22) (2913 : trench cut permit conditions update) City Council
Staff Report
Agenda Item: F.7
Date: September 27, 2022
Department: Finance
AGENDA TITLE: 4th Quarter General Fund Preliminary Report Fiscal Year 2021-2022 (July 2021 - June 2022)
RECOMMENDATION:

Receive and file the preliminary report.

SUMMARY:

This report provides preliminary reports of financial activity in the General Fund for the Fiscal Year ending June 30, 2022. At this time the information is preliminary as there are still year-end audit adjustments and accruals that will be made. The final reports will be presented as part of the overall Annual Financial Report. The same information will be presented to the City Council at their meeting on September 27, 2022.

FISCAL IMPACT:

Total General Fund revenue including the voter approved Add-On Sales Taxes recorded to date is approximately $19.7 million and total expenses shown in the Preliminary report as of June 30, 2022 were approximately $15.4 million. In addition there were “Transfers In” and “Transfers Out” of the General Fund which impact yearend balances. Factoring in these changes results in a preliminary net positive change in Fund Balance of approximately $4.3 million. Of this amount 53% is related to Add-On Sales Tax that is prioritized for certain high priority programs and services. Prior to closing the year there are still additional transfers required and financial accounting entries which will impact the final results. This includes required entries to record market values of investments held. See Report for details.

BACKGROUND:

The General Fund provides the majority of support towards general services provided by the City. As the core support for City operations the General Fund is the focus of this report. The report includes information for the General Purpose - General Fund (Fund #100). This is referred to as the “General Purpose” General Fund and the amounts are separated from the voter approved sales tax revenue and expenditures that are part of the broader “General Fund”.

The preliminary results indicate a positive financial trend for the City. They are also in line with the estimates shown in the Mid Cycle Budget Update presented to the City Council in June 2022. As part of preparing the Budget for the Fiscal Year that began July 1st, Staff also updated both the estimated revenue and expenditures for the year that was concluding on June 30th.

In addition to “General Purpose” activity, information is presented for the Add-On Sales F.7
Packet Pg. 51
Tax Measures:

Fund #105 - Measure L ½ cent Add-On Tax; and
Fund #106 - Measure R 1 cent Add-on Tax
Measure R was approved by the voters in November 2020 and it replaced the collection of the Measure L Tax beginning April 1, 2021. This report represents the first full year of activity for Measure R. As “general” taxes, the Add-On Sales Taxes are reported as part of the broader General Fund activity. For Audit purposes Measure L and Measure R are both reported as part of the General Fund. In the more detailed sections of the attachments to this report, Revenue and Expense associated with these special funds are identified separately.

Financial Planning Cycle
The Fiscal Year begins on July 1st and ends on June 30th. In accordance with accounting standards the financial statements for the City are prepared on a modified accrual basis. This means that there is an accrual of certain revenue and expenditures that are recorded after June 30th but are attributed to amounts in the previous Fiscal Year.

The Annual Comprehensive Financial Report (ACFR) will incorporate all of the adjustments and accruals. The Auditor is in the process of reviewing the City records and the final report has typically be presented to the City Council in December.

High Level Revenue & Expenditure Summary - Attachment A The first section of the Report provides a high level summary of General Fund Revenue and Expenditures (See Attachment A.) The Revenue are broken down by major “types” and Expenditures are shown by Department. As shown on Attachment A the Preliminary report shows collection of approximately 105% of the Budgeted General Purpose Revenue (excludes Add-On Sales Taxes) and only expended approximately

92.1% of the Budgeted Expenditures (based on preliminary entries).

Significant contributing factors will be discussed in more detail later in this report.

Overall, the projected results are consistent with projections included in the Mid Cycle Budget Update presented to the City Council in June. Revenue was projected to be $15.2 million as compared to the preliminary report of $15.9 million. The Preliminary Department operating expenditures of $13.9 million were very much in line with the June projection of $15.1 million.

The information in Attachment A also highlights the results for each of the Add-On Sales Tax measures.

Revenue Detail (Including Comparison To Prior Year) Attachment B Attachment B provides a more detailed breakdown of the revenue collected for the year compared to the Budget as well as a comparison to the previous Fiscal Year. These reports include most of the final accruals required such as sales taxes received in July and August which relate to taxpayer payments for retail sales as of June 30th.

F.7
Packet Pg. 52
The Table on the following page compares the Preliminary FY 2021-22 Revenue to the actual revenue collected in the previous Fiscal Year. The separate components of the General Fund are broken out.

GENERAL FUND REVENUE COMPARISON ACTUAL FY 2021
COMPARED TO PRELIMINARY FY 2022

FISCAL YEAR
2020-2021:

Jul 2020-Jun
2021

FISCAL YEAR
2021-2022:

Jul 2021-Jun
2022
FY 2022
More Than /
(Less Than)
FY 2021
General Purpose 14,975,118 15,916,315 941,197
1/2 Cent Add-On Sales Tax 1,391,454 131,927 (1,259,527) 1 Cent Add-On Measure R

785,786 3,682,761 2,896,975
TOTAL 17,152,358 19,731,003 2,578,646
Overall this is a positive result given the general economic conditions. A High level examination of the variances suggests that they are impacted by:

General Purpose Revenue - of the $754,025 increase, $489,758 (65%) was due to Recreation Fees & Rentals rebounding to pre-pandemic levels. Taxes increased by approximately $330,000 due to both Sales Tax and Property Tax out performing budget estimates.

F.7
Packet Pg. 53
Measure L ½ Cent Sales Tax - The decrease of $1,259,527 reflects that the collection of the tax ceased as of March 31, 2021 when it was replaced by Measure R. The Fund did collect residual sales of roughly $109,000 which was not anticipated.

Measure R 1 Cent Sales Tax - Measure R increased $2.9 million over the previous year because the Measure was approved by the voters in November 2020 and the previous fiscal year collection represented only taxes collected for retail sales beginning April 1, 2021.

The following narrative looks at each broad category of revenue. Where significant the information describes differences in the preliminary final results compared to the adopted Budget. As shown nearly all of the major revenue categories either exceeded the Budget or were very close to the budgeted amount. One significant exception was Police Fee and Fines category which only reached 68% of the Budget.

Property Taxes - Slightly exceeded the budget by 2%. The revenue was approximately $160,000 more than the budget. This was due to increases in Documentary Transfer Tax which can fluctuate from year to year based on the number of sales and the price of property sold. The year over year change in this revenue was roughly $464,000.

Because it can be significantly impacted by economic cycles, this revenue is usually estimated conservatively based on historical trends.

Sales Tax - The general sales tax revenue exceeded the budget by 16%. Local governments have benefitted from the State implementation of changes which collect on-line tax payments that are distributed to the County pool. In addition, gas prices increased dramatically since January which has had a positive impact on Orinda’s sales tax revenue.

Other Taxes - This category includes Franchise Taxes (Gas, Electric, Garbage, Cable TV) as well as the Transient Occupancy Taxes (TOT). The TOT tax represents the collection of TOT from short-term rentals. Utility franchise taxes can fluctuate from year to year. Overall, the category remained relatively flat with the previous Fiscal Year.

Rents and Interest - Interest revenue was approximately $20,000 less than the budget and accounted for the variance in this category. This largely reflects the market for eligible public agency investments.

The format of the reports as presented does not include the entry required to adjust the City balances based on the market value of its investments. Accounting standards require an entry at year end to reflect an unrealized gain or loss based on market values. The adjustment will be included in the Final Annual Financial Report and it will reduce Total General Fund Revenue by $110,297. At the close of the previous Fiscal Year the City labeled $121,160 of the unassigned Fund Balance as Unrealized Investment Gain. When the entry is made for June 30, 2022 this unassigned designation will be reduced by the $110,297.

F.7
Packet Pg. 54
Police Fees & Fines - This category fell short of the expected budget by approximately 32% and was substantially less than the amount collected in the previous Fiscal Year.

The reductions reflect the lingering impacts of COVID-19, fewer fines and citations, fewer false alarm penalties; the City discontinued fingerprinting services to the public; etc.

Engineering Permits & Fees - The results in this category tracked very close to the Budget and showed a roughly $46,000 increase over the prior fiscal year.

Recreation Fees & Rentals - The preliminary results in this category show the collection of $2,206,758 which exceeded the adopted budget estimate by almost $490,000. It is important to note that some revenue collected in June for summer programs will result in expenses occurring the following year. The Department saw a great deal of interest in youth classes and instruction as activities began to open up. One area Finance Staff are reviewing with the Parks and Recreation Staff, is whether any field rental fees collected after July 1st were for rentals prior to June 30th. This revenue category was hit hard by the pandemic but appears to have returned to pre-pandemic levels, as illustrated in the following table:

ANNUAL PARKS & RECREATION REVENUE
Fiscal Year 2017-2018 Actual $ 2,230,312
Fiscal Year 2018-2019 Actual $ 2,083,485
Fiscal Year 2019-2020 Actual $ 1,397,343
Fiscal Year 2020-2021 Actual $ 1,570,784
Fiscal Year 2021-2022 Preliminary $ 2,206,758
Development Services Fees - Development activity will fluctuate from year to year.

Overall the revenue in this category occurred as budgeted for Fiscal Year 2021-2022, but was $318,000 less than the amount collected in Fiscal Year 2020-2021.

Add-On Sales Tax (Measure L ½ Cent) - The sales tax was more than the budget by approximately $125,000. The assessment of this tax stopped as of March 31, 2021.

There have continued to be small residual amounts reported based on adjustments and taxpayer payment deferrals taken as part of Covid-19 relief. These funds will continue to be tracked separately until they are exhausted.

Add-On Sales Tax (Measure R One Cent) - Based on the preliminary report this sales tax was more than the budget by approximately $822,000. The collection of this tax began April 1, 2021. The priority expenditures identified by the City Council for these funds include programs and services protecting the community from wildfire, emergency and disaster response planning, public storm drains, and maintenance of public roads.

The revenue and expenses are tracked in a separate fund in order to provide transparency on the funds collected and their use.

Expense Detail By Type (Including Comparison To Prior Year) Attachment C Attachment C provides a breakdown of all General Fund expenditures by “type”. For Example, Salaries & Benefits, Contractors, Materials & Supplies, Vehicle Expense, and F.7
Packet Pg. 55
Special Department Expense. The Add-On Sales Tax expenses are shown by Fund (Measure L and Measure R). The following chart displays a comparison between the categories of expenditures. Over 70% of the expenses are in two categories (Salary & Benefit and Contract Services). Salary & Benefits account for approximately 30 percent and Contractors account for 41 percent of the expenditures. A total of $6.3 million shown in the Preliminary Report as expended for Contract Services. Services obtained from Contra Costa County for Animal Control and Police Services account for approximately $4.0 million of the total.

Chart: Preliminary FY 2021 General Fund Expenditure Categories Similar to the Revenue Detail this schedule also provides a comparison to actual activity to the previous Fiscal Year.

All Categories of expenditures on Attachment C are less than the adopted Budget with the exception of Materials and Supplies, which is a primarily the result of inflation. As noted earlier this is consistent with projections included in the June Budget presentation. Not yet included in the categories are inter-fund transfers made by the General Fund that reflects the contribution to the Landscaping & Lighting District based on the costs incurred.

The following discussion identifies some of the key variances in Expenditure Categories:

Salary & Benefits: Salary & Wages # 7055 plus Temporary Staff #7079 total approximately $3.2 million compared to $3.1 million in the previous year. Leave payouts increased in FY 2021-2022 (+$92,893) largely due to the payment of accrued leave for several employees who left the organization. The City also recorded a larger increase in accrued leave as of year-end. For those working, they tended to take less leave than in F.7
Packet Pg. 56
prior years as many travel destinations were still not available. In FY 2021 the City also paid $18,394 in Unemployment costs. The City is directly billed based on claims and does not contribute through a payroll tax.

Contract Services: Although overall Contract Service costs were approximately 10% below the Budget, the actual expense reflected a 10% increase compared to the previous year. It should be noted that the Attorney Billed Services are collected from Development Applicants. The amount that this exceeded the budget was fully recovered from Development Applicants. A similar cost recovery occurs with the contract Instructors line item. The $37,155 in Tree Trimming costs reflect General Purpose expenditures, which would be in addition to Measure R. Within the Contractor section a line item has been added #7540 - Repairs and Improvements. The intent is to allow for a segregation of these types of costs compared to Maintenance items reported in the Materials & Supplies category and exceed budgeted amount by almost $100,000 due to the heavy storm and subsequent damage to City Hall and the Community Center.

Materials & Supplies: Overall costs in this category were approximately 8% above the Budget due primarily to inflation and utility costs.

Special Department Expenses: Although overall costs in this category were approximately 6% below the Budget, the year to year amounts reflected a $100,000 increase compared to the previous year.

Vehicle Expenses: Although overall costs in this category were approximately 3% above the Budget, the year to year amounts reflected less than a 1% increase compared to the previous year. This was largely due to the cost of gasoline encountered in FY 2021- 2022.

Department Detail (Including Amount For Qtr & Year To Date) Attachment D Attachment D provides a comparison of expenditures for each Department during the fourth quarter (April - June), which is also summarized in the Table below:

General Fund Department Expenditures Compared To Budget Preliminary July 2021 - June 2022
As noted overall expenditures are less than the General Fund Budget and variances F.7
Packet Pg. 57
which exceed the budget appear in only two Departments. The expenditures which exceeded the Budget in the Parks & Recreation Department included: Repairs and Improvements exceeded the budget by $103,984, which are the result of the heavy storms and resulting Facility Maintenance and repair costs associated with damage to City Hall and the Community Center. Police Services yielded the largest savings versus budget due to a number of factors including a vacant sworn officer position (County Sheriff Contract), having a vacancy in the Senior Administrative Assistant position for part of the year, as well as lower than anticipated Dispatch, Vehicle Maintenance, and Materials & Supplies costs.

Add-On Sales Tax Expense Detail Attachment E
Attachment E provides a comparison of expenditures for each line item during the fourth quarter (April - June), for both Measure L and Measure R. This schedule has been added to the report based on the addition of Measure R.

Measure L - Add-On Sales Tax (1/2 Cent): The total expenditures are $1,869,412 below the adopted budget. These funds are allocated to Capital Projects which have not been fully closed out. The funds will carry over to Fiscal Year 2022-2023 for all open projects.

Measure R - Add-On Sales Tax (One Cent): The expenditures recorded as of the preparation of the Preliminary Report total $922,996 which is $403,589 less than the Budget.

Unspent active Capital Project budgets are carried over to the next year. The delivery of the vehicles were completed in July 2021 (the first month of Fiscal Year 2021-2022) and the cost is within the amount budgeted.

The remainder of the budgetary savings is from operating accounts. As of June 30th all unspent operating budgets lapse, unless an authorization to budget the funds has been made by the City Council. The balance remains in the funds available to be budgeted for future programs and services by the City Council.

Staff will be available for questions. In the event there are any follow-up items that the Committee is interested Staff will add the item to a future Agenda.

ATTACHMENTS:

A. General Fund Summary (July 2021 - June 2022) Quarter 4 B. General Fund Revenue Detail (July 2021 - June 2022) Quarter 4 C. General Fund Expense by Type (July 2021 - June 2022) Quarter 4 D. General Fund Expense by Dept (July 2021 - June 2022) Quarter 4 E. Add-On Sales Tax Expense Detail (July 2021 - June 2022) Quarter 4 Respectfully Submitted by:

Doug Alessio
F.7
Packet Pg. 58
Administrative Services Director
Prepared By: Doug Alessio, Administrative Services Director Approved by:

F.7
Packet Pg. 59
City of Orinda
SUMMARY - General Fund* Revenue And Expenditures
(*Including Add-On Sales Tax Funds)
From 7/1/2021 Through 6/30/2022
Preliminary
FY Actual
(Jul 2021-
Jun 2022)
2021-22
Budget -
Adopted
YTD Budget
Variance
% YTD OF
BUDGET
REVENUES - Fund #100- General Fund
Taxes 11,881,617 $ 11,551,850 $ (329,767) $ 102.9%
Rents & Interest 183,581 201,920 18,339 90.9%
Miscellaneous 27,058 26,500 (558) 102.1%
Police - Fees & Fines 48,657 71,100 22,443 68.4%
Engineering Permits - Fees 326,630 351,000 24,370 93.1% Recreation Fees & Rentals 2,206,758 1,717,000 (489,758) 128.5% Development Services Fees 1,242,015 1,242,920 905 99.9% TOTAL REVENUE 15,916,315 $ 15,162,290 $ (754,025) $ 105.0% EXPENDITURES - Fund #100 - General Fund
00 - Non-Departmental (Excl Transfers) $ 754,918 $ 695,019 $ (59,899) 108.6% 10 - City Management 450,902 528,302 77,400 85.3%
12 - City Attorney 463,257 635,000 171,743 73.0%
15 - City Clerk 318,470 332,283 13,813 95.8%
17 - Administrative Services 1,115,153 1,175,694 60,541 94.9% 20 - Police Services 4,437,410 5,040,288 602,878 88.0%
35 - Public Works 2,125,704 2,317,853 192,149 91.7%
40 - Parks & Recreation / Facilities 3,315,795 3,245,675 (70,120) 102.2% 47 - Library 55,067 37,875 (17,192) 145.4%
55 - Planning 896,008 1,121,928 225,920 79.9%
TOTAL EXPENDITURES Fund #100 $ 13,932,684 $ 15,129,917 $ 1,197,233 92.1% *Administrative Services = (Finance / Human Resources / Information Tech / General Services / Risk Management) OTHER SOURCES / USES GENERAL FUND (Inter-fund Transfers) Transfer IN Fund #100 $ - $ 16,850
Transfer OUT Fund #100 - (44,088)
TOTAL OTHER SOURCES (Net) $ - $ (27,238)

GENERAL PURPOSE GENERAL FUND
NET CHANGE IN FUND BALANCE TO DATE $ 1,983,631 $ 5,135
(Revenue - Expenditures + Other Uses)

SUMMARY REVENUE / EXPENDITURES - ATTACHMENT A
F.7.a
Packet Pg. 60
Attachment: General Fund Summary (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr FY 2021- City of Orinda
SUMMARY - General Fund* Revenue And Expenditures
(*Including Add-On Sales Tax Funds)
From 7/1/2021 Through 6/30/2022
Preliminary
FY Actual
(Jul 2021-
Jun 2022)
2021-22
Budget -
Adopted
YTD Budget
Variance
% YTD OF
BUDGET
MEASURE L (Voter Approved Nov 2012 Collected Until March 31, 2021) REVENUES - Fund #105- 1/2 Cent Add-On Sales Tax
Taxes 108,922 $ - $ (108,922) $
Interest 23,005 5,000 (18,005) 460.1%
Project Reimbursement Utilities 0 0 0
TOTAL REVENUE FUND #105 131,927 $ 5,000 $ (126,927) $ 2638.5% EXPENDITURES - Fund #105 - 1/2 Cent Add-On Sales Tax
Capital Project Measure L (Add-On Sales Tax) 650,584 2,657,000 2,006,416 24.5% TOTAL EXPENDITURES FUND #105 $650,584 $2,657,000 $2,006,416 24.5% Measure L Add-On Sales Tax (1/2 Cent)
NET CHANGE IN FUND BALANCE TO DATE (518,657) $ (2,652,000) $ (Revenue - Expenditures + Other Uses)
MEASURE R (Voter Approved November 2020 Replaced Measure L Beginning April 1, 2021) REVENUES - Fund #106- 1 Cent Add-On Sales Tax
Taxes 3,671,575 $ 2,850,000 $ (821,575) $ 128.8%
Interest 11,186 3,300 (7,886) 339.0%
TOTAL REVENUE FUND #106 3,682,761 $ 2,853,300 $ (829,461) $ 129.1% EXPENDITURES - Fund #106 - 1 Cent Add-On Sales Tax
Operations and Capital Project Measure R (Add-O 922,996 1,326,585 403,589 69.6% TOTAL EXPENDITURES FUND #106 $922,996 $1,326,585 $403,589 69.6% Add-On Sales Tax (1/2 Cent and 1 Cent)
NET CHANGE IN FUND BALANCE TO DATE 2,759,765 $ 1,526,715 $ (Revenue - Expenditures + Other Uses)
COMBINING SUMMARY GENERAL FUND #100 PLUS ADD-ON SALES TAX FUNDS (#105 AND COMBINED TOTAL REVENUE $ 19,731,003 $ 18,020,590
COMBINED TOTAL EXPENDITURES 15,506,265 19,113,502
OTHER USES NET 0 (27,238)
REVENUE OVER / (UNDER) EXPENSE & USES 4,224,739 $ (1,120,150) $

SUMMARY REVENUE / EXPENDITURES - ATTACHMENT A
F.7.a
Packet Pg. 61
Attachment: General Fund Summary (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr FY 2021- PRELIMINARY - CITY OF ORINDA GENERAL FUND* REVENUE SUMMARY Quarter 4 (July 2021 - June 2022) With Comparison To Prior Year (*General Fund = General Fund #100 ; Add-On Sales Tax(Measures L & R Funds #105 & #106) Prepared By Finance Department (September 2022)
(Preliminary Subject to Final Accruals and Audit Adjustments)

CURRENT FISCAL YEAR PRIOR YR
REVENUE Acct Jul 2021 - Jun
2022 Actual
Budget Fiscal
Year 2021-
2022
% Budget ACTUAL Fiscal
Year 2020-2021
GENERAL FUND #100
Property Taxes
Property Tax 4100 $ 6,205,065 $ 6,115,000 101% $ 5,837,534 Homeowners' Relief Tax 4101 32,125 31,850 101% 31,887
Documentary Transfer Tax 4102 488,348 400,000 122% 519,674 Property Tax in lieu of VLF 4103 2,507,071 2,525,000 99% 2,379,463 Subtotal - Property Taxes 9,232,609 9,071,850 102% 8,768,558 Sales Taxes
Sales Tax 4105 1,407,977 1,215,000 116% 1,116,992
Subtotal - Sales Taxes 1,407,977 1,215,000 116% 1,116,992 Other Taxes - TOT / Franchise
Transient Occupancy Tax 4106 42,920 75,000 57% 34,660
Franchise Taxes 4107 1,198,111 1,190,000 101% 1,161,418 Subtotal - Other Taxes 1,241,030 1,265,000 98% 1,196,079 Rents & Interest
Excl. Bonds to Market(Yr End Unrealized)* - - -
Interest Revenue 4110 104,951 125,000 84% 116,932
Lease Agreements 4111 22,195 20,500 108% 22,686
Library Lease 4112 56,435 56,420 100% 55,058
Subtotal - Rents and Interest 183,581 201,920 91% 194,676 Miscellaneous Revenue
State Mandate Reimb 4120 1,394 - #DIV/0! -
Miscellaneous Revenue 4190 22,149 20,000 111% 2,398
Other Revenue 4999 - 1,000 0% -
Grants - Federal CARES ACT 4357 - - 234,707
Reimbursements Admin 4790 3,515 5,500 64% 4,157
Subtotal - Miscellaneous 27,058 26,500 102% 241,262
Police - Fees and Fines
Miscellaneous Fees 4199 270 5,100 5% 5,134
Fingerprinting Fees 4200 2,086 10,000 21% 49
Impound Recovery Fees 4203 3,250 3,000 108% 3,189
Vehicle Abatement Fees 4231 2,272 8,000 28% 6,501
Vehicle Court Fines 4235 21,215 20,000 106% 15,728
Parking Fines - Payment 4236 19,564 25,000 78% 14,447
Donations 4420 - - 10,000
Reimbursements 4790 - - 11,927
Subtotal - Police 48,657 71,100 68% 66,975
Engineering Permits - Fees
Miscellaneous Revenue 4190 990 1,000 99% 979
Encroachment Permits 4330 124,907 100,000 125% 102,370
Engineering Fees 4333 30,489 100,000 30% 64,542
Project Reimbursement 4790 170,244 150,000 113% 91,766
Subtotal - Engineering 326,630 351,000 93% 259,657

ATTACHMENT B - REVENUE DETAIL
F.7.b
Packet Pg. 62
Attachment: General Fund Revenue Detail (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr FY PRELIMINARY - CITY OF ORINDA GENERAL FUND* REVENUE SUMMARY Quarter 4 (July 2021 - June 2022) With Comparison To Prior Year (*General Fund = General Fund #100 ; Add-On Sales Tax(Measures L & R Funds #105 & #106) Prepared By Finance Department (September 2022)
(Preliminary Subject to Final Accruals and Audit Adjustments)

CURRENT FISCAL YEAR PRIOR YR
REVENUE Acct Jul 2021 - Jun
2022 Actual
Budget Fiscal
Year 2021-
2022
% Budget ACTUAL Fiscal
Year 2020-2021
Recreation Fees and Rentals
Recreation Classes 4400 1,009,792 1,000,000 101% 863,620 Community Center Rentals 4410 243,064 100,000 243% 87,202 Sports Field Rentals 4415 565,738 425,000 133% 606,142
Miscellaneous Recreation 4419 1,030 1,000 103% 425
Donations 4420 22,577 1,000 2258% 8,920
Wagner Gym Rentals 4481 42,188 40,000 105% 455
Youth Sports Programs 4490 321,684 150,000 214% 4,020
Project Reimbursement 4790 684 - -
Subtotal - Receation 2,206,758 1,717,000 129% 1,570,784 Development Services Fees
Building Inspection Fees 4500 768,218 600,000 128% 840,897 Planning Fees 4501 237,298 400,000 59% 420,251
Construction Debris Recycling 4502 - - #DIV/0! 500
Business Registration 4504 17,397 16,500 105% 17,998
Business Reg State Surchg 4505 1,433 1,420 101% 1,462
Project Reimb. - Legal 4790 175,367 150,000 117% 210,273 Project Reimb. - Planning 4790 42,303 75,000 56% 68,754 Subtotal - Development Svcs 1,242,015 1,242,920 100% 1,560,134 TOTAL REV. GENERAL FUND $ 15,916,315 $ 15,162,290 105% $ 14,975,118 REVENUES - Fund #105- Add-On Sales Tax (1/2 cent Replaced 3/31/2021) Sales Tax - Local Add-On 4105 108,922 - 1,236,586
Interest Add-On Sales Tax 4110 23,005 5,000 40,218
Project Reimb. - Utilities 4790 - - 114,650
TOTAL #105 Add-On Sales Tax $ 131,927 $ 5,000 2639% $ 1,391,454 REVENUES - Fund #106- Measure R Add-On Sales Tax (1 cent Effective 4/1/2021) Sales Tax - Local Add-On 4105 3,671,575 2,850,000 129% 785,786 Interest Add-On Sales Tax 4110 11,186 3,300 339% -
TOTAL #105 Add-On Sales Tax $ 3,682,761 $ 2,853,300 129% $ 785,786 COMBINING GENERAL FUND #100 PLUS ADD-ON SALES TAX FUNDS #105 & #106 GRAND TOTAL $ 19,731,003 $ 18,020,590 109% $ 17,152,358

ATTACHMENT B - REVENUE DETAIL
F.7.b
Packet Pg. 63
Attachment: General Fund Revenue Detail (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr FY PRELIM. CITY OF ORINDA GENERAL FUND* EXPENDITURE SUMMARY Quarter 4 (July 2021 - June 2022) With Comparison To Prior Year (*General Fund = General Purpose Fund #100+#105 1/2 Cent Add -On Sales Tax +#106 Measure R ) (Preliminary Subject to Final Accruals and Audit Ad
justments)

CURRENT FISCAL YEA
R
Expenditures Acct
Jul 2021 - Jun
2022 Actual
FY 2021-2022
Budget
%
Budget
FY 2020-2021
Actual
Salaries & Benefits
Salaries & Wages 7055 $ 3,095,027 $ 3,404,758 91% 2,992,133 Com
ptime Payout 7056 - - 4,139
Leave/Float Holida
y Payout 7057 182,901 189,606 96% 90,008
Standb
y Compensation 7060 12,097 14,022 86% 11,864
Overtime 7061 3
,389 12,902 26% 8,082
Accrued Com
p Time 7062 7,297 - (5,907)
Accrued General Leave 7063 (69,497) - 82,468
Tem
porary - Other 7079 149,297 190,000 79% 59,576
Medicare 7080 50
,879 54,053 94% 47,019
Unem
ployment Insurance 7081 18,394 30,000 61% 32,392
Worker's Com
pensation Ins 7082 115,655 124,194 93% 100,077
Medical & Dental Insurance 7083 420
,898 517,803 81% 437,990
LTD & Life Insurance 7084 14
,600 16,555 88% 20,598
Cash In Lieu 7085 50
,971 49,230 104% 51,999
Retiree Medical 7086 21
,970 28,000 78% 141,982
Vehicle Allowance 7088 6
,032 6,000 101% 9,170
Retirement Plan 7089 531
,759 563,470 94% 513,970
Subtotal - Salary & Benefits 4
,611,669 5,200,593 89% 4,597,558
Contractors
Attorney - City General 7131 293,664 330,000 89% 293,573 Attorne
y - City Litigation 7132 (6,396) 100,000 -6% 28,089
Attorne
y - Billed Services 7133 173,640 150,000 116% 210,273
Attorne
y - H R 7134 2,349 55,000 4% 34,365
Software S
ystem Support 7135 92,067 142,420 65% 114,232
Audit - General 7138 36
,115 38,500 94% 31,567
Contract Sheriff 7150 3
,351,177 3,950,000 85% 3,094,408
Contract Sheriff - Overtime 7154 366
,140 215,000 170% 308,490
Contract Sheriff - Dis
patch 7157 115,922 132,000 88% 122,189
CCC Animal Control Contract 7165 129
,071 130,000 99% 127,456
Tem
p Contract Staff 7170 20,183 - 1,885
Contracts
(Cost Recovery) 7171 123,628 200,000 62% 121,205
Adult Enrichment Instructors 7172 72
,004 100,000 72% 23,432
Pro
gram Instructors - Youth 7173 424,699 450,000 94% 466,783 Minutes - Contractor 7178 10
,575 14,500 73% 12,223
Cleanin
g Services 7179 93,220 75,750 123% 55,023
Professional Services 7180 360
,962 269,000 134% 199,597
Volunteer Center 7181 4
,500 4,500 100% 4,125
Gra
phic Design 7182 9,523 35,000 27% 2,125
Printin
g Costs 7183 3,581 30,000 12% -
Guardrail Re
pair / Replace 7188 8,770 30,000 29% 32,370
Draina
ge 7191 71,676 50,000 143% 33,832
H
ydrauger Cleaning 7192 - 15,000 0% 7,360
Tree Trimmin
g 7196 37,155 80,000 46% 140,250
Landsca
ping 7197 237,544 191,500 124% 166,428
Pavement/Shoulder Re
pair 7198 48,613 60,000 81% 83,749
Stri
ping/Marking 7199 9,554 10,000 96% 1,204
Maintenance Ri
ght of Way 7534 5,605 15,000 37% 6,736
Re
pairs & Improvements 7540 249,700 152,750 163% 62,779
Total Contractors 6
,345,242 7,025,920 90% 5,785,746

ATTACHMENT C - EXPENDITURES BY TYPE
F.7.c
Packet Pg. 64
Attachment: General Fund Expense by Type (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr

CURRENT FISCAL YEA
R
Expenditures Acct
Jul 2021 - Jun
2022 Actual
FY 2021-2022
Budget
%
Budget
FY 2020-2021
Actual
Materials & Supplies
Permit Fees 7129 7,385 1,000 738% 4,594
Supplies - Office 7200 11
,365 21,230 54% 5,022
Supplies - General 7203 190
,590 139,450 137% 126,280
Posta
ge 7230 12,820 18,770 68% 7,885
Maintenance - Office E
quip 7290 - 200 0% -
Maintenance - Other E
quip 7291 1,359 5,700 24% 2,314
Maintenance - Co
pier 7292 6,899 22,600 31% 25,714
Maintenance - Buildin
g 7297 114,272 109,500 104% 109,790
Maintenance - Fields 7298 25
,794 25,000 103% 36,785
Tele
phone Service 7300 193 210 92% 196
Utilities - Gas 7302 29
,152 17,500 167% 16,051
Utilities - Electric 7303 163
,426 126,290 129% 126,838
Utilities - Water 7304 161
,727 154,345 105% 127,007
Utilities - Sewer 7305 5
,679 8,840 64% 7,980
Utilities - Garba
ge -Landfill 7309 3,982 - -
Taxes/Assessments 7310 1
,618 3,100 52% 2,935
Cellular Service 7313 26
,513 32,520 82% 31,981
Administrative Fees 7499 122
,839 130,000 94% 103,046
FF&E
(Less than $5,000) 7998 2,576 11,500 22% 27,914
FF&E
(More than $5,000) 7999 8,077 - 30,132
Total Materials & Supplies 896
,264 827,755 108% 792,463
Special Department Expense
Insurance - Liability 7501 - 500 0% -
Insurance - Pro
perty 7503 2,539 3,000 85% 2,448
Election Costs 7504 48 - 24
,215
Off-Site Stora
ge 7506 8,382 8,500 99% 7,615
Code/Le
gal Updates 7507 74 3,000 2% 2,639
Le
gal Notices 7508 4,666 9,300 50% 6,990
Pa
yroll/Benefit Fees 7511 2,006 5,700 35% 2,996
Safety Pro
gram Expenses 7515 - 2,500 0% -
Communication 7517 4
,385 7,000 63% 6,576
Recruitment Ex
penses 7519 53,434 28,000 191% 25,243
Investi
gation Costs 7520 52,612 45,000 117% 53,081
Reserve Pro
gram 7528 - 500 0% -
Maintenance Traffic Si
gnal 7531 50,563 50,000 101% -
Traffic Control Si
gns 7532 10,516 15,450 68% 15,942
Street Name Si
gns 7535 1,139 1,600 71% 672
Uniforms/E
quipment 7541 53,463 43,600 123% 13,491
Referees/Clinics 7543 5
,926 30,000 20% -
Publicity / Promotion 7545 844 4
,000 21% 3,790
Teen Activities 7547 - 1
,000 0% -
Ri
ght of Way Costs 7570 - - 17,500
Contin
gency 7599 - 30,000 0% -
Rental - E
quipment 7610 16,217 23,500 69% 16,989
Rental - Trans
portation 7611 5,073 10,000 51% -
Rental - Facilities 7612 14
,437 27,000 53% 10,000
Membershi
ps 7700 33,138 44,750 74% 31,930
Trainin
g & Conferences 7710 10,685 37,400 29% 11,509
Ma
yor's Conference Host 7713 - 5,000 0% -
Council Ex
penses 7719 4,466 7,500 60% 285
Meetin
gs 7720 15 1,400 1% 64
Interest - City Hall
(COP) 7802 335,916 225,619 149% 235,519
Princi
pal - City Hall (COP) 7810 335,000 335,000 100% 325,000 Indirect Cost Alloc-Fleet 7895 113
,490 113,410 100% 159,455
Indirect Cost Alloc-Bld
g Svcs 7896 156,610 156,610 100% 165,340
Indirect Cost Allocation-IT 7897 226
,520 226,520 100% 200,000
Indirect Cost Allocation-Ins. 7898 419
,340 419,340 100% 365,610
Total S
pecial Department Expenses 1,921,502 1,921,699 100% 1,704,900

ATTACHMENT C - EXPENDITURES BY TYPE
F.7.c
Packet Pg. 65
Attachment: General Fund Expense by Type (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr

CURRENT FISCAL YEA
R
Expenditures Acct
Jul 2021 - Jun
2022 Actual
FY 2021-2022
Budget
%
Budget
FY 2020-2021
Actual
Vehicle Expenses
Maintenance - Vehicle 7400 45,477 63,850 71% 77,370
Gasoline 7401 110
,648 86,200 128% 70,265
Milea
ge 7411 1,883 3,900 48% 1,717
Total Vehicle Ex
penses 158,007 153,950 103% 149,352
TRANSFERS / OTHER USES - General Fund
Transfers Out (LLD) 8502 - 44,088 0% 43,708
Transfers Out -Other 8700 - - 205
,891
Total Transfers - 44
,088 0% 249,599

TOTAL GENERAL FUND
(General Purpose Including Transfers)$13,932,684 $ 15,174,005 92% $ 13,279,619 Add-On Sales Tax Expenditures - Measure L 1/2 Cent
Contractors 279
,380 505,000 55% 509,676
Materials & Supplies 311 - 1
,309
S
pecial Dept Expenses 370,894 2,152,000 17% 941,909
Total Add-On Sales Tax Expenses
$ 650,584 $ 2,657,000 24% $ 1,452,894
Add-On Sales Tax Expenditures - Measure R 1 Cent
Salaries & Benefits / Insurance 105
,429 134,335 78% -
Contractors 484
,693 718,000 68% 198,438
Materials & Supplies 85
,729 5,820 1473% -
S
pecial Dept Expenses 240,197 453,230 53% -
Vehicle O
p Expense 6,947 15,200 46% -
Total Add-On Sales Tax Expenses
$ 922,996 $ 1,326,585 70% $ 198,438

GRAND TOTAL GENERAL
PURPOSE + ADD-ON SALES
TAXES
(Including Transfers Out)
$15,506,265 $ 19,157,590 81% $ 14,930,950

ATTACHMENT C - EXPENDITURES BY TYPE
F.7.c
Packet Pg. 66
Attachment: General Fund Expense by Type (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr City of Orinda
General Fund Expenditures By Department
From 7/1/2021 Through 6/30/2022
Quarter 4
Apr -June
Actual
Current YTD
(July 2021 - Jun
2022) Actual 2021-22 Budget
YTD Budget
Variance
%
Budget
Expended
00 - Non-Departmental
Other Expenditures
Unemployment Insurance 7081 $ 18,394 15,766 $ $ 30,000 $ 11,606 Retiree-Med City Portion 7086 21,970 605 28,000 6,030
Admin Fee Property Tax 7499 43,638 43,638 46,400 2,762
Contingency 7599 - - 30,000 30,000
Interest Expense Debt COP 7802 335,916 110,297 225,619 (110,297) Principal - Debt COP 7810 335,000 - 335,000 -
Transfers Out to LLD Districts 8502 - - 44,088 44,088
Transfers Out 8700 - - - -
Total Non-Departmental Expense $ 170,306 $ 754,918 $ 739,107 $ (15,811) 102% 10 - City Management & City Council
Personnel Services
Salaries & Wages 7055 83,373 268,300 280,918 12,618
Accrued General Leave 7063 9,786 9,786 - (9,786)
Temporary - Other 7079 - 1,110 10,000 8,890
Total Personnel Services 93,159 279,196 290,918 11,722 96% Benefits
Medicare 7080 1,226 3,968 4,160 192
Worker's Compensation Ins 7082 - 8,712 9,355 643
Medical & Dental Insurance 7083 8,204 28,193 33,380 5,187 LTD & Life Insurance 7084 271 832 882 50
Cash In Lieu 7085 329 1,041 - (1,041)
Vehicle Allowance 7088 1,732 6,032 6,000 (32)
Retirement Plan 7089 13,392 43,141 44,947 1,806
Total Benefits 25,155 91,920 98,724 6,804 93%
-
Contractors
Professional Services 7180 - - 30,000 30,000
Volunteer Center 7181 1,125 4,500 4,500 -
Total Contractors 1,125 4,500 34,500 30,000 13%
Materials & Supplies
Supplies - Office 7200 - 80 500 420
Supplies - General 7203 - 931 2,250 1,319
Postage 7230 104 383 500 117
Maintenance - Copier 7292 158 287 800 513
Cellular Service 7313 170 584 450 (134)
Total Materials & Supplies 432 2,266 4,500 2,234 50%
Special Department Expenses
Communication 7517 2,125 4,385 7,000 2,615
Publicity/Promotion 7545 272 844 3,000 2,156
Membership & Subscriptions 7700 70 18,665 28,500 9,835
Training & Conferences 7710 1,927 5,001 9,000 3,999
Mayor's Conference - Host 7713 - - 5,000 5,000
Council Expenses 7719 2,722 4,466 7,500 3,034
Indirect Cost Alloc-Building 7896 - 6,620 6,620 -
Indirect Cost Allocation-IT 7897 - 5,150 5,150 -
Indirect Cost Allocation-Ins. 7898 - 27,890 27,890 -
Total Special Department Expenses 7,116 73,021 99,660 26,639 73% TOTAL CITY MANAGEMENT $ 126,988 $ 450,902 $ 528,302 $ 77,400 85% Expenditure Detail By Department - Attachment D
F.7.d
Packet Pg. 67
Attachment: General Fund Expense by Dept (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr City of Orinda
General Fund Expenditures By Department
From 7/1/2021 Through 6/30/2022
Quarter 4
Apr -June
Actual
Current YTD
(July 2021 - Jun
2022) Actual 2021-22 Budget
YTD Budget
Variance
%
Budget
Expended
12 - City Attorney
Contractors
Attorney - City General 7131 $ 127,789 $ 293,664 $ 330,000 $ 36,336 Attorney - City Litigation 7132 395 (6,396) 100,000 106,396 Attorney - Billed Services 7133 70,388 173,640 150,000 (23,640) Attorney - Human Resources 7134 174 2,349 55,000 52,651 Total Contractors 198,746 463,257 635,000 171,743 73%
TOTAL CITY ATTORNEY $ 198,746 $ 463,257 $ 635,000 $ 171,743 73% 15 - City Clerk
Personnel Services
Salaries & Wages 7055 $ 57,568 $ 189,672 $ 189,517 $ (155) Overtime 7061 - - 118 118
Accrued General Leave 7063 5,415 5,415 - (5,415)
Temporary - Other 7079 - - - -
Total Personnel Services 62,983 195,087 189,635 (5,452) 103% Benefits
Medicare 7080 890 2,953 2,915 (38)
Worker's Compensation Ins 7082 - 5,675 6,094 419
Medical & Dental Insurance 7083 678 2,401 2,551 150
LTD & Life Insurance 7084 316 968 1,024 56
Cash In Lieu 7085 3,291 11,460 11,398 (62)
Retirement Plan 7089 9,737 32,181 32,026 (155)
Total Benefits 14,913 55,638 56,008 370 99%
Contractors
Systems/Software Support 7135 - 1,159 10,500 9,342
Minutes Contractor 7178 3,210 9,885 12,500 2,615
Professional Services 7180 7,088 7,611 - (7,611)
Total Contractors 10,298 18,654 23,000 4,346 81%
Materials & Supplies
Supplies - Office 7200 234 234 700 466
Supplies - General 7203 - 55 1,000 945
Postage 7230 93 376 600 224
Maintenance - Copier 7292 461 757 4,000 3,243
Cellular Service 7313 86 410 620 210
Total Materials & Supplies 874 1,833 6,920 5,087 26%
Special Department Expenses
Election Costs 7504 48 48 - (48)
Off-Site Storage 7506 2,284 8,382 8,500 118
Code/Legal Updates 7507 38 74 3,000 2,926
Legal Notices 7508 516 2,904 7,500 4,596
Publicity / Promotion 7545 - - 1,000 1,000
Membership & Subscriptions 7700 930 1,130 400 (730)
Training & Conferences 7710 - 200 1,600 1,400
Indirect Cost Allocation Bldg 7896 - 6,050 6,050 -
Indirect Cost Alloc-Info Tech 7897 - 10,300 10,300 -
Indirect Cost Allocation-Ins. 7898 - 18,170 18,170 -
Total Special Department Expenses 3,817 47,258 56,520 9,262 84% Vehicle Expenses
Mileage 7411 - - 200 200
Total Vehicle Expenses - - 200 200 0%
TOTAL CITY CLERK $ 92,885 $ 318,470 $ 332,283 $ 13,813 96% Expenditure Detail By Department - Attachment D
F.7.d
Packet Pg. 68
Attachment: General Fund Expense by Dept (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr City of Orinda
General Fund Expenditures By Department
From 7/1/2021 Through 6/30/2022
Quarter 4
Apr -June
Actual
Current YTD
(July 2021 - Jun
2022) Actual 2021-22 Budget
YTD Budget
Variance
%
Budget
Expended
17 - Administrative Services (Finance / Human Resources / Information Tech / General Services) Personnel Services
Salaries & Wages 7055 $ 181,144 $ 589,927 $ 596,231 $ 6,304 Leave/Float Holiday Payout 7057 2,257 54,569 64,003 9,434 Overtime 7061 - - 340 340
Accrued General Leave 7063 (27,843) (27,843) - 27,843
Total Personnel Services 155,557 616,653 660,574 43,921 93% Benefits
Medicare 7080 2,608 9,252 8,907 (345)
Worker's Compensation Ins 7082 - 17,854 19,173 1,319
Medical & Dental Insurance 7083 30,052 93,923 88,944 (4,979) LTD & Life Insurance 7084 908 2,698 3,018 320
Cash In Lieu 7085 - 2,660 5,699 3,039
Retirement Plan 7089 29,344 103,418 97,989 (5,429)
Total Benefits 62,912 229,806 223,730 (6,076) 103%
Contractors
Systems/Software Support 7135 - 3,641 9,700 6,059
Audit - General 7138 12,752 36,115 38,500 2,385
Professional Services 7180 6,497 50,160 60,000 9,840
Total Contractors 19,249 89,916 108,200 18,284 83%
Materials & Supplies
Supplies - Office 7200 930 2,508 9,500 6,992
Supplies - General 7203 3,422 7,840 6,000 (1,840)
Postage 7230 864 3,718 4,750 1,032
Maintenance - Copier 7292 539 798 2,000 1,202
Cellular Service 7313 114 1,054 1,080 26
Administrative Fees 7499 3,414 14,101 30,000 15,899
FF&E (less than $5,000) 7998 - 888 - (888)
Total Materials & Supplies 9,283 30,906 53,330 22,424 58% Special Department Expenses
Payroll/Benefit Fees 7511 540 2,007 5,700 3,693
Recruitment Expenses 7519 3,277 53,434 28,000 (25,434)
Membership & Subscriptions 7700 279 619 1,750 1,131
Training & Conferences 7710 475 594 2,800 2,206
Indirect Cost Allocation Bldg 7896 - 8,300 8,300 -
Indirect Cost Alloc-Info Tech 7897 - 25,740 25,740 -
Indirect Cost Allocation-Ins. 7898 - 57,170 57,170 -
Total Special Department Expenses 4,571 147,864 129,460 (18,404) 114% Vehicle Expenses
Mileage 7411 - 9 400 391
Total Vehicle Expenses - 9 400 391 2%
TOTAL ADMINISTRATIVE SERVICES $ 251,571 $ 1,115,153 $ 1,175,694 $ 60,541 95% Expenditure Detail By Department - Attachment D
F.7.d
Packet Pg. 69
Attachment: General Fund Expense by Dept (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr City of Orinda
General Fund Expenditures By Department
From 7/1/2021 Through 6/30/2022
Quarter 4
Apr -June
Actual
Current YTD
(July 2021 - Jun
2022) Actual 2021-22 Budget
YTD Budget
Variance
%
Budget
Expended
20 - Police Services
Personnel Services
Salaries & Wages 7055 $ 18,826 $ 49,714 $ 71,320 $ 21,606 Leave Pay-Out 7057 - 6,952 7,000 48
Overtime 7061 - - 757 757
Temporary - Part-Time 7079 6,086 22,494 50,000 27,506
Total Personnel Services 20,965 75,214 129,077 53,863 58% Benefits
Medicare 7080 394 1,241 1,846 605
Worker's Compensation Ins 7082 - 3,334 3,579 245
Medical & Dental Insurance 7083 470 1,311 1,766 455
LTD & Life Insurance 7084 107 251 407 156
Cash In Lieu Medical Ins. 7085 1,645 4,542 5,700 1,158
Retirement Plan 7089 3,275 9,793 12,323 2,530
Total Benefits 5,892 20,472 25,621 5,149 80%
Contractors
Systems/Software Support 7135 - 55,686 82,500 26,814
Contract Sheriff 7150 1,518,992 3,351,177 3,950,000 598,823 Contract Sheriff - Overtime 7154 135,095 366,140 215,000 (151,140) Contract Sheriff - Dispatch 7157 51,540 115,922 132,000 16,078 CCC Animal Control Contract 7165 32,268 129,071 130,000 929 Professional Services 7180 - - - -
Total Contractors 1,737,896 4,017,997 4,509,500 491,503 89% Materials & Supplies
Supplies - Office 7200 506 1,883 2,530 647
Supplies - General 7203 1,573 4,527 16,700 12,173
Postage 7230 756 1,050 620 (430)
Maintenance - Other Equipment 7291 135 1,348 5,700 4,352 Maintenance - Copier 7292 337 589 2,000 1,411
Cellular Service 7313 2,834 10,395 12,400 2,005
Administrative Fees 7499 4,826 11,068 18,600 7,532
FF&E (less than $5,000) 7998 - 1,688 10,000 8,312
FF&E (more than $5,000) 7999 - - - -
Total Materials & Supplies 10,967 32,549 68,550 36,001 47% Special Department Expenses
Insurance - Liability 7501 - - 500 500
Investigation Costs 7520 16,553 52,612 45,000 (7,612)
Reserve Program 7528 - - 500 500
Uniforms / Equipment 7541 - 4,410 5,100 690
Membership & Subscriptions 7700 - 391 2,000 1,609
Training & Conferences 7710 (301) 1,287 7,000 5,713
Indirect Cost Alloc. - Fleet 7895 - 82,700 82,620 (80)
Indirect Cost Allocation-Bldg Svc7896 - 21,550 21,550 - Indirect Cost Allocation-IT 7897 - 30,890 30,890 -
Indirect Cost Allocation-Ins. 7898 - 11,480 11,480 -
Total Special Department Expenses 16,252 205,321 206,640 1,319 99% Vehicle Expenses
Maintenance - Vehicle 7400 4,582 19,723 43,200 23,477
Gasoline 7401 26,502 66,134 57,500 (8,634)
Mileage 7411 - - 200 200
Total Vehicle Expenses 31,084 85,857 100,900 15,043 85% TOTAL POLICE $ 1,823,055 $ 4,437,410 $ 5,040,288 $ 602,878 88% Expenditure Detail By Department - Attachment D
F.7.d
Packet Pg. 70
Attachment: General Fund Expense by Dept (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr City of Orinda
General Fund Expenditures By Department
From 7/1/2021 Through 6/30/2022
Quarter 4
Apr -June
Actual
Current YTD
(July 2021 - Jun
2022) Actual 2021-22 Budget
YTD Budget
Variance
%
Budget
Expended
35 - Public Works
Personnel Services
Salaries & Wages 7055 $ 254,817 $ 834,477 $ 995,859 $ 161,382 Leave/Float Holiday Payout 7057 - 88,700 94,417 5,717
Standby Compensation 7060 3,580 12,097 14,022 1,925
Overtime 7061 530 1,262 4,686 3,424
Accrued Comp Time 7062 5,313 5,313 - (5,313)
Accrued General Leave 7063 (59,397) (59,397) - 59,397
Temporary - Other 7079 - 4,300 - (4,300)
Total Personnel Services 204,844 886,752 1,108,984 222,232 80% Benefits
Medicare 7080 3,906 14,170 15,323 1,153
Worker's Compensation Ins 7082 - 34,195 36,719 2,524
Medical & Dental Insurance 7083 28,129 101,281 127,304 26,023 LTD & Life Insurance 7084 1,365 4,069 5,136 1,067
Cash In Lieu 7085 6,375 19,826 16,812 (3,014)
Retirement Plan 7089 41,791 150,473 167,865 17,392
Total Benefits 81,567 324,013 369,159 45,146 88%
Contractors
Systems/Software Support 7135 - 3,550 3,100 (450)
Contracts (Cost Recovery) 7171 68,043 102,038 100,000 (2,038) Professional Services 7180 87,391 218,354 100,000 (118,354) Guardrail Repair / Replace 7188 - 8,770 30,000 21,230
Drainage 7191 35,972 71,676 50,000 (21,676)
Hydrauger Cleaning 7192 - - 15,000 15,000
Tree Trimming 7196 1,500 22,920 30,000 7,080
Pavement/Shoulder Repair 7198 1,925 48,613 60,000 11,387 Striping/Marking 7199 - 9,554 10,000 446
Maint. Right-of-Way 7534 1,395 5,605 15,000 9,395
Repairs & Improvements 7540 - - 15,000 15,000
Total Contractors 196,225 491,079 428,100 (62,979) 115% Materials & Supplies
Permit Fees 7129 7,385 7,385 1,000 (6,385)
Supplies - Office 7200 167 1,866 2,500 634
Supplies - General 7203 5,773 18,360 11,800 (6,560)
Postage 7230 186 1,002 1,200 198
Maintenance - Other Equipment 7291 11 11 - (11)
Maintenance - Copier 7292 594 1,097 3,600 2,503
Utilities - Electric 7303 11,610 27,976 25,200 (2,776)
Utilities - Water 7304 521 2,597 2,700 103
Utilities - Garbage -Landfill 7309 781 3,982 - (3,982)
Cellular Service 7313 1,255 7,471 9,270 1,799
Cellular Service 7998 - - 1,000 1,000
Total Materials & Supplies 28,282 71,747 58,270 (13,477) 123% Special Department Expenses
Administrative Fees 7499 544 544 - (544)
Legal Notices 7508 1,133 1,133 300 (833)
Safety Program Expenses 7515 - - 2,500 2,500
Maintenance Signals 7531 - 50,563 50,000 (563)
Traffic Control Signs 7532 3,174 10,516 15,450 4,934
Street Name Signs 7535 109 1,139 1,600 461
Uniforms / Equipment 7541 1,408 4,989 6,000 1,011
Rental - Equipment 7610 - 362 13,000 12,638
Membership & Subscriptions 7700 2,371 8,326 7,800 (526) Training & Conferences 7710 116 206 4,000 3,794
Indirect Cost Alloc. - Fleet 7895 - 20,950 20,950 -
Indirect Cost Allocation-Bldg Svc7896 - 25,060 25,060 - Indirect Cost Allocation-IT 7897 - 51,480 51,480 -
Indirect Cost Allocation-Ins. 7898 - 110,200 110,200 -
Total Special Department Expenses 8,855 285,469 308,340 22,871 93% 35 - Public Works
Expenditure Detail By Department - Attachment D
F.7.d
Packet Pg. 71
Attachment: General Fund Expense by Dept (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr City of Orinda
General Fund Expenditures By Department
From 7/1/2021 Through 6/30/2022
Quarter 4
Apr -June
Actual
Current YTD
(July 2021 - Jun
2022) Actual 2021-22 Budget
YTD Budget
Variance
%
Budget
Expended
Vehicle Expenses
Maintenance - Vehicle 7400 9,817 24,727 16,000 (8,727)
Gasoline 7401 18,758 40,069 26,000 (14,069)
Mileage 7411 627 1,847 3,000 1,153
Total Vehicle Expenses 29,201 66,642 45,000 (21,642) 148% TOTAL PUBLIC WORKS $ 548,975 $ 2,125,704 $ 2,317,853 $ 192,149 92% 40 - Parks & Recreation / Facilities
Personnel Services
Salaries & Wages 7055 $ 216,393 $ 712,449 $ 741,906 $ 29,457 Leave/Float Holiday Payout 7057 5,592 13,789 9,276 (4,513) Overtime 7061 680 904 2,401 1,497
Accrued Comp Time 7062 102 102 - (102)
Accrued General Leave 7063 19,574 19,574 - (19,574)
Temporary - Other 7079 54,704 109,986 110,000 14
Total Personnel Services 297,044 856,804 863,583 6,779 99% Benefits
Medicare 7080 4,032 12,180 12,605 425
Worker's Compensation Ins 7082 - 27,640 29,682 2,042
Medical & Dental Insurance 7083 43,484 149,083 177,103 28,020 LTD & Life Insurance 7084 1,199 3,637 3,299 (338)
Cash In Lieu 7085 1,645 5,730 3,922 (1,808)
Retirement Plan 7089 35,749 116,963 120,821 3,858
Total Benefits 86,110 315,233 347,432 32,199 91%
Contractors
Systems/Software Support 7135 2,250 28,031 32,400 4,369 Adult Enrichment Instructors 7172 40,680 72,004 100,000 27,996 Program Instructors - Youth 7173 194,140 424,699 450,000 25,301 Cleaning Services 7179 32,706 88,030 69,000 (19,030)
Professional Services 7180 994 19,173 14,000 (5,173)
Graphic Design 7182 1,616 9,523 35,000 25,477
Printing Costs 7183 3,581 3,581 30,000 26,419
Tree Trimming 7196 14,235 14,235 50,000 35,765
Landscaping 7197 111,915 237,544 191,500 (46,044)
Repairs & Improvements 7540 70,587 239,484 135,500 (103,984) Total Contractors 472,704 1,136,305 1,107,400 (28,905) 103% Materials & Supplies
Supplies - Office 7200 613 3,049 3,000 (49)
Supplies - General 7203 57,152 155,222 100,000 (55,222) Postage 7230 150 5,546 10,000 4,454
Maintenance - Copier 7292 517 891 2,700 1,809
Maintenance - Building 7297 23,505 107,342 105,000 (2,342) Maintenance - Fields 7298 9,851 25,794 25,000 (794)
Utilities - Gas 7302 10,905 24,220 13,700 (10,520)
Utilities - Electric 7303 44,423 119,343 88,410 (30,933) Utilities - Water 7304 55,113 154,465 148,600 (5,865)
Utilities - Sewer 7305 - 4,419 8,000 3,581
Taxes/Assessments 7310 - 1,618 3,100 1,482
Cellular Service 7313 922 3,800 5,000 1,200
Administrative Fees 7499 16,566 35,555 30,000 (5,555)
FF&E (less than $5,000) 7998 - 135,510 135,510 -
FF&E (more than $5,000) 7999 8,077 8,077 - (8,077)
Total Materials & Supplies 227,794 784,852 678,020 (106,832) 116% Expenditure Detail By Department - Attachment D
F.7.d
Packet Pg. 72
Attachment: General Fund Expense by Dept (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr City of Orinda
General Fund Expenditures By Department
From 7/1/2021 Through 6/30/2022
Quarter 4
Apr -June
Actual
Current YTD
(July 2021 - Jun
2022) Actual 2021-22 Budget
YTD Budget
Variance
%
Budget
Expended
40 - Parks & Recreation / Facilities
Special Department Expenses
Uniforms/Equipment 7541 16,017 44,064 32,500 (11,564)
Referees 7543 3,632 5,926 30,000 24,074
Teen Activities 7547 - - 1,000 1,000
Rental - Equipment 7610 2,932 15,854 10,500 (5,354)
Rental - Transportation 7611 4,085 5,073 10,000 4,927
Rental - Rooms/Fields/Pool/Gym7612 11,500 14,437 27,000 12,563 Membership & Subscriptions 7700 840 3,577 3,500 (77)
Training & Conferences 7710 2,384 3,397 3,000 (397)
Meetings 7720 - 15 400 385
Indirect Cost Alloc-Fleet 7895 - 6,260 6,260 -
Indirect Cost Allocation-Bldg Svc7896 - 67,450 67,450 - Indirect Cost Allocation-IT 7897 - 51,480 51,480 -
Indirect Cost Allocation-Ins. 7898 - - - -
Total Special Department Expenses 41,390 217,533 243,090 25,557 89% Vehicle Expenses
Maintenance - Vehicle 7400 361 877 3,950 3,073
Gasoline 7401 1,356 4,165 2,100 (2,065)
Mileage 7411 - 27 100 73
Total Vehicle Expenses 1,717 5,069 6,150 1,081 82%
TOTAL PARKS & REC / FACILITIES $ 1,126,759 $ 3,315,795 $ 3,245,675 $ (70,120) 102% 47 - Library
Contractors
Construction Costs 7127 $ 930 $ - $ - $ -
Systems/Software Support 7135 - - 100 100
Cleaning Services 7179 1,704 5,189 6,750 1,561
Repairs & Improvements 7540 3,789 10,216 2,250 (7,966)
Total Contractors 6,423 15,406 9,100 (6,306) 169%
Materials & Supplies
Supplies - General 7203 1,663 3,036 700 (2,336)
Maintenance - Building 7297 2,154 6,930 4,500 (2,430)
Telephone 7300 63 193 210 17
Utilities - Gas 7302 1,174 4,932 3,800 (1,132)
Utilities - Electric 7303 5,743 16,107 12,680 (3,427)
Utilities - Water 7304 1,451 4,665 3,045 (1,620)
Utilities - Sewer 7305 - 1,260 840 (420)
Total Materials & Supplies 12,249 37,122 25,775 (11,347) 144% Special Department Expenses
Insurance - Property 7503 466 2,539 3,000 462
Total Special Department Expenses 466 2,539 3,000 462 85% TOTAL LIBRARY $ 19,137 $ 55,067 $ 37,875 $ (17,192) 145% Expenditure Detail By Department - Attachment D
F.7.d
Packet Pg. 73
Attachment: General Fund Expense by Dept (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr City of Orinda
General Fund Expenditures By Department
From 7/1/2021 Through 6/30/2022
Quarter 4
Apr -June
Actual
Current YTD
(July 2021 - Jun
2022) Actual 2021-22 Budget
YTD Budget
Variance
%
Budget
Expended
55 - Planning
Personnel Services
Salaries & Wages 7055 $ 147,789 $ 450,488 $ 529,007 $ 78,519 Leave/Float Holiday Payout 7057 3,843 18,890 14,910 (3,980) Overtime 7061 347 1,223 4,600 3,377
Temporary - Other 7079 484 11,407 20,000 8,593
Total Personnel Services 141,260 470,806 568,517 97,711 83% Benefits
Medicare 7080 2,261 7,115 8,297 1,182
Worker's Compensation Ins 7082 - 18,245 19,592 1,347
Medical & Dental Insurance 7083 13,483 44,705 86,755 42,050 LTD & Life Insurance 7084 700 2,144 2,789 645
Cash In Lieu 7085 1,628 5,713 5,699 (14)
Retirement Plan 7089 24,522 75,789 87,499 11,710
Total Benefits 42,594 153,712 210,631 56,919 73%
Contractors
Systems/Software Support 7135 - - 4,120 4,120
Contracts (Cost Recovery) 7171 2,320 21,590 100,000 78,410 Minutes Contractor 7178 - 690 2,000 1,310
Professional Services 7180 15,704 65,664 65,000 (664)
Total Contractors 38,207 108,127 171,120 62,993 63%
Materials & Supplies
Supplies - Office 7200 658 1,743 2,500 757
Supplies - General 7203 349 619 1,000 381
Postage 7230 186 744 1,100 356
Maintenance - Office Equipment 7290 - - 200 200
Maintenance - Copier 7292 944 2,480 7,500 5,020
Cellular Service 7313 543 2,798 3,700 902
Administrative Fees 7499 4,925 17,933 5,000 (12,933)
FF&E (Less than $5,000) 7998 - - 500 500
Total Materials & Supplies 7,605 26,317 21,500 (4,817) 122% Special Department Expenses
Legal Notices 7508 382 628 1,500 872
Membership & Subscriptions 7700 117 430 800 370
Training & Conferences 7710 - - 10,000 10,000
Meetings 7720 - - 1,000 1,000
Indirect Cost Alloc-Fleet 7895 - 3,580 3,580 -
Indirect Cost Alloc-Bldg Svcs 7896 - 21,580 21,580 -
Indirect Cost Allocation-IT 7897 - 51,480 51,480 -
Indirect Cost Allocation-Ins. 7898 - 58,920 58,920 -
Total Special Department Expenses 499 136,617 148,860 12,243 92% Vehicle Expenses
Maintenance - Vehicle 7400 - 150 700 550
Gasoline 7401 165 280 600 320
Mileage 7411 - - -
Total Vehicle Expenses 165 430 1,300 870 33%
TOTAL PLANNING $ 230,330 $ 896,008 $ 1,121,928 $ 225,920 80%

TOTAL GENERAL FUND
(GENERAL PURPOSE) Includes Transfers $ 4,588,753 $ 13,932,684 $ 15,174,005 $ 1,241,321 92%

FOR DETAIL SEE ADD-ON TAXES DETAIL SCHEDULE
Measure L Add-On Sales Tax - Fund #105
(Measure L - 1/2 Cent Sales Tax )
TOTAL Measure L Add-On Sales Tax $ 282,588 $ 650,584 $ 2,657,000 $ 2,006,416 24% Expenditure Detail By Department - Attachment D
F.7.d
Packet Pg. 74
Attachment: General Fund Expense by Dept (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr City of Orinda
General Fund Expenditures By Department
From 7/1/2021 Through 6/30/2022
Quarter 4
Apr -June
Actual
Current YTD
(July 2021 - Jun
2022) Actual 2021-22 Budget
YTD Budget
Variance
%
Budget
Expended
Measure R Add-On Sales Tax - Fund #106
(Measure R - 1 Cent Sales Tax )
TOTAL Measure R Add-On Sales Tax $ 254,390 $ 922,996 $ 1,326,585 $ 403,589 70%

GRAND TOTAL GENERAL PURPOSE
+ ADD-ON SALES TAXES (Measure
L & Measure R)
$ 5,125,731 $ 15,506,265 $ 19,157,590 $ 3,651,325 81%
Expenditure Detail By Department - Attachment D
F.7.d
Packet Pg. 75
Attachment: General Fund Expense by Dept (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr City of Orinda
Detail Add-On Tax Expenditures (Measure L and R Sales Tax) From 7/1/2021 Through 6/30/2022
Quarter 4 Apr -
Jun Actual
Current YTD
(Jul 2021 - Jun
2022) Actual 2021-22 Budget
YTD Budget
Variance
%
Budget
Expended
Add-On Sales Tax - Fund #105 (measure L Discontinued Revenue 4/1/21) Contractors
Design Contracts 7125 $ 21,230 $ 81,726 $ 55,000 $ (26,726) Project/Construction Manage 7126 174,260 175,156 450,000 274,844 Attorney Professional Services 7131 2,167 17,511 - (17,511) Professional Services 7180 3,937 4,987 (4,987)
Total Special Department Expenses 201,594 279,380 505,000 225,620 55% Materials & Supplies
Supplies - General 7203 134 311 - (311)
Total Materials & Supplies 134 311 - (311)
Special Department Expenses
Construction Costs 7127 281,401 367,542 2,152,000 1,784,458 Permit Fees 7129 - 254 - (254)
Legal Notices 7508 1,187 3,098 - (3,098)
Total Special Department Expenses 282,588 370,894 2,152,000 1,781,106 17% GRAND TOTAL MEASRE L (1/2 Cent Tax) $ 484,316 $ 650,584 $ 2,657,000 $ 2,006,416 24% Add-On Sales Tax Detail - Attachment E
F.7.e
Packet Pg. 76
Attachment: Add-On Sales Tax Expense Detail (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr City of Orinda
Detail Add-On Tax Expenditures (Measure L and R Sales Tax) From 7/1/2021 Through 6/30/2022
Quarter 4 Apr -
Jun Actual
Current YTD
(Jul 2021 - Jun
2022) Actual 2021-22 Budget
YTD Budget
Variance
%
Budget
Expended
Add-On Sales Tax - Fund #106 (Measure R )
City Manager Dept
Sr. Admin Analyst Allocated Costs
Salaries & Wages 7055 $ 28,193 $ 81,892 $ 92,449 $ 10,557 Medicare 7080 427 1,248 1,341 93
Workers Compensation 7082 - 2,768 2,973 205
Medical & Dental Insurance 7083 376 1,150 22,253 21,103 LTD & Life Insurance 7084 157 438 527 89
Cash In Lieu 7085 1,316 4,166 - (4,166)
Retirement 7089 4,721 13,769 14,792 1,023
Sub-Total Allocated Staff Expenses 35,190 105,429 134,335 28,906 78% Other Non-Staff Expenses In City Mgr Dept
Minutes Contractor 7178 1,770 5,025 9,000 3,975
Professional Services 7180 17,505 66,505 160,000 93,495 Graphic Design 7182 1,656 1,656 - (1,656)
Supplies - Office 7200 1,058 1,624 - (1,624)
Postage 7230 1,535 1,535 - (1,535)
Cellular Service 7313 85 136 820 684
Mileage 7411 33 33 200 167
Communication 7517 3,114 3,114 - (3,114)
Publicity / Promotion 7545 23,012 79,321 120,000 40,679 Training & Conferences 7710 - 3,000 3,000
Indirect Cost Allocation-IT 7897 - 5,150 5,150 -
Indirect Cost Allocation-Insurance 7898 - 8,870 8,870 - Sub-Total Non-Staff Costs City Mgr Dept 49,768 172,968 307,040 134,072 56% Total City Mgr Dept Measure R 84,958 278,398 441,375 162,977 63% City Attorney
Legal Counsel 7131 2,397 4,393 5,000 607
Total Legal City Attorney 2,397 4,393 5,000 607 88%
Administrative Services - Finance
Sales Tax Services 7180 - 2,324 4,000 1,676
Total Administrative Services - 2,324 4,000 1,676 58%
Police
Professional Services - Disaster Plan 7180 - - 30,000 30,000 Supplies 7203 - - 5,000 5,000
Total Police - - 35,000 35,000 0%
Public Works
Professional Services 7180 100 100 - (100)
Hazard Reduction - Chipper Svcs 7186 52,379 125,894 200,000 74,106 Tree Trim / Clearance - Right of Way 7196 987 100,000 99,013 Disposal - Landfill 7309 6,881 19,247 10,000 (9,247)
Maintenance - Vehicle 7400 1,268 2,251 5,000 2,749
Gasoline / Fuel 7401 1,629 4,663 10,000 5,337
Rental Equipment 7610 9,109 - (9,109)
Indirect Cost Alloc-Fleet 7895 - 24,710 24,710 -
Total Public Works 62,257 186,961 349,710 162,749 53%
Parks & Recreation
Hazard Reduction - Fire Breaks 7186 83,550 143,787 150,000 6,213 Tree Trimming - Parks 7196 114,775 50,000 (64,775)
Total Parks & Recreation 83,550 258,562 200,000 (58,562) 129% TOTAL MEASURE R OPERATING BUDGET 233,162 730,638 1,035,085 304,447 71% Add-On Sales Tax Detail - Attachment E
F.7.e
Packet Pg. 77
Attachment: Add-On Sales Tax Expense Detail (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr City of Orinda
Detail Add-On Tax Expenditures (Measure L and R Sales Tax) From 7/1/2021 Through 6/30/2022
Quarter 4 Apr -
Jun Actual
Current YTD
(Jul 2021 - Jun
2022) Actual 2021-22 Budget
YTD Budget
Variance
%
Budget
Expended

MEASURE R PROJECTS
#0020 - Fleet (Chipper / Truck) - 171,129 181,500 10,371 #4186 - Brookwood Rd ROW 16,243 16,243 110,000 93,757
#5501 - Housing Element 4,985 4,985 - (4,985)
Sub-Total Projects 21,228 192,357 291,500 99,143 66%
GRAND TOTAL MEASURE R EXPENSES $ 254,390 $ 922,996 $ 1,326,585 $ 403,589 70% Add-On Sales Tax Detail - Attachment E
F.7.e
Packet Pg. 78
Attachment: Add-On Sales Tax Expense Detail (July 2021 - June 2022) Quarter 4 (2918 : FY 2022 Preliminary Quarterly Financial Report (4th Qtr City Council
Staff Report
Agenda Item: F.8
Date: September 27, 2022
Department:

Public Works and
Engineering Services
AGENDA TITLE: Accept contract completion of Catherine Court to Martha Road Trail Maintenance Project No. 4140 by Central Pacific Engineering, LLC RECOMMENDATION:

BACKGROUND:

There is an existing asphalt concrete trail that connects Catherine Court and Martha Road. The trail is approximately 600 linear feet and varies in width between 5 and 6 feet. The trail is used primarily by nearby residents, with one of its primary uses being access to nearby Glorietta Elementary School. The City accepted easements for the Trail and the Storm Drain system from the adjoining property owners by adopting Resolutions 36-21 and 37-21 in the September 7, 2021 City Council meeting.

The City commissioned a study in 2019, which inspected the condition of both the trail and the storm drain system. The study identified multiple areas to repair along the trail and 3 locations on the storm drain pipes. Two different repair options were recommended (i) a maintenance project and (ii) a reconstruction project.

Per City Council direction, City Staff proceeded with the design work for the maintenance project. The design was approved by City Council in the September 7, 2021 City Council meeting, and authorized staff to advertise the project to solicit bids for construction.

On May 17, 2022, the City Council awarded a construction contract to Central Pacific Engineering, LLC. of San Mateo, California in the amount of $79,798 for performance of the Catherine Court to Martha Road Trail Maintenance Project. The City Council also authorized a contingency for Change Orders, provided the total contract cost did not exceed $91,768. The Contractor entered into a construction contract with the City subsequent to review and approval by the City Attorney. A Notice to Proceed was issued to the Contractor on July 18, 2022, with all performance to be accomplished within 20 working days.

DISCUSSION:

The project was substantially complete on August 11, 2022. No liquidated damages were assessed to the Contractor upon substantial completion of the project. During the course of construction, one Contract Change Order (CCO) was incorporated into the F.8
Packet Pg. 79
project, to install an additional storm drain pipe for increased capacity. In addition, the limits of work for base repair and slurry seal were adjusted to better align with existing field conditions. The CCO resulted in an increased cost of $1,815.56, resulting in a total contract cost of $81,613.56.

Project acceptance by the City Council is necessary for the City Clerk to sign and file the Certificate of Completion with the Contra Costa County Clerk-Recorder, which will allow the release of project retention to Central Pacific Engineering, LLC.

NEXT STEPS:

Upon City Council approval, the City Engineer will sign the Certificate of Completion and the City Clerk will record it with the Contra Costa County Clerk-Recorder’s Office. The Director of Finance is authorized to release $4,080.68 in withheld retention to Central Pacific Engineering, LLC. thirty-five (35) days after recordation of the Certificate of Completion, provided that no stop notices are outstanding.

FISCAL IMPACT:

The construction work associated with this project was funded from the Capital Improvement Fund (#700). All project expenditures are within the current authorized budget. Any remaining unused construction funds will be available for appropriation on future projects by the City Council.

ATTACHMENTS:

A. Resolution 44-22 Acceptance of Cathrine Ct Marthe Rd Trail Maintenance Project B. Notice of completion
Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Sivakumar Natarajan, City Engineer
Approved by:

F.8
Packet Pg. 80

BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:

Acceptance of Work for the Catherine
Court to Martha Road Trail Maintenance
Project No. 4140, in the City of Orinda
and Authorizing the City Clerk to sign
and file the Certificate of Completion with
the Contra Costa County Clerk-Recorder
)
) Resolution No. 44-22
)
)
)
)
WHEREAS, Central Pacific Engineering LLC, has completed the work in accordance with the construction contract documents for the Catherine Court to Martha Road Trail Maintenance Project No. 4140; and
WHEREAS, the Director of Public Works has recommended that the work be accepted as complete.

NOW THEREFORE BE IT RESOLVED that the work accomplished by Central Pacific Engineering LLC, under the terms and conditions of the above-referenced construction contract documents is hereby accepted.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to sign and file the Certificate of Completion with the Contra Costa County Clerk-Recorder.

BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to release all withheld project retention thirty-five (35) days after recordation of the Certificate of Completion, provided that no stop notices are outstanding.

Adopted by the City Council of the City of Orinda at a regular meeting on September 27, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Dennis Fay, Mayor
ATTEST:

Sheri M. Smith, City Clerk
F.8.a
Packet Pg. 81
Attachment: Resolution 44-22 Acceptance of Cathrine Ct Marthe Rd Trail Maintenance Project (2902 : Accept Catherine Ct to Martha Rd Trail WHEN RECORDED, RETURN TO:

City Clerk/Public Works Dept.

City of Orinda
22 Orinda Way
Orinda, CA 94563

NO FEE DOCUMENT
(Government Code section 27383)
TITLE:

Notice of Completion for
Catherine Court to Martha Road Trail Maintenance Project No. 4140 (Contractor: Central Pacific Engineering, LCC)
NOTICE IS HEREBY GIVEN by the undersigned, those certain improvements, to wit:

Catherine Court to Martha Road Trail Maintenance Project No. 4140 Project location: Trail located between and connecting the cul-de-sac on Catherine Court and Martha Road, in the City of Orinda, Contra Costa County, California:

Property Owner: Interest in Property or Right of Way is owned by City of Orinda (a municipal corporation, 22 Orinda Way, Orinda CA 94563) as Trail and Drainage easements.

The contract which has heretofore been let to Central Pacific Engineering, LCC, and which contract was filed for record in the City Clerk’s office in the City of Orinda, Contra Costa County, California, was actually completed in accordance with the plans and specifications, and the work was completed and accepted by the City of Orinda, on 9/27/2022 Information pertaining to the estimate of cost, names of bidders with prices bid, changes in adopted and approved plans and specifications, and the total cost of work is on file at the City Clerks’ office of the City of Orinda.

CITY OF ORINDA,
a municipal corporation
Date: ________________ By: ____________________________________ Sivakumar Natarajan, City Engineer,
R.C.E. #74789
City of Orinda
22 Orinda Way
Orinda, CA 94563
I hereby certify, under penalty of perjury, that the above Notice of Completion was duly accepted by the City Council of the City of Orinda at a regular meeting thereof held on 9/27/2022. ______________________________
Sheri Smith, City Clerk
F.8.b
Packet Pg. 82
Attachment: Notice of completion (2902 : Accept Catherine Ct to Martha Rd Trail Maintenance Project) City Council
Staff Report
Agenda Item: G.1
Date: September 27, 2022
Department: Planning Department
AGENDA TITLE: Wilder Annual Review
RECOMMENDATION:

BACKGROUND
OGLLC, the development entity party to the Development Agreement and other agreements with the City for the Wilder project has allegedly been restructured as discussed later in the report. The sole remaining member is allegedly the Brookside Land Company, LLC, which is an investment entity of Brooks Street, a Southern California headquartered developer (http://www.brooks-street.com), and as such all references to OGLLC and associated obligations are now purportedly a Brooks Street responsibility, though the City has not accepted that transfer as valid yet nor that prior members have been relieved of their obligations.

On August 16, 2022, the City Council found that OGLLC had not complied in good faith with the DA and directed OGLLC to provide a written report to the City on or before September 6, 2022 describing the actions that it has taken, and will take, in response to the DA provisions identified in the August 16 City Council Staff Report and in Resolution No. 43-22 to bring its performance into good faith compliance with the DA.

Resolution No. 43-22 is Attachment A to this Staff Report. On September 1, 2022, OGLLC submitted its Response to City of Orinda Resolution No. 43-22. This Staff Report will address the following:
● OGLLC’s actions in response to the August 16 City Council Staff Report and to Resolution No. 43-22;
● Updated information regarding OGLLC’s failure to comply in good faith with the G.1
Packet Pg. 83
DA;
● Newly discovered information relevant to OGLLC’s compliance with the DA; ● The City’s communications with public agencies and other parties and organizations interested in and/or affected by OGLLC’s failure to comply with the DA; and
● OGLLC’s failure to provide information that the City has requested in order to determine whether OGLLC has complied in good faith with the DA.

DISCUSSION
OGLLC’s September 6, 2022 Report
In response to City of Orinda Resolution No. 43-22, OGLLC submitted a letter to the City on September 1, 2022 (dated September 6, 2022) (“OGLLC 9/6/22 Report”) (Attachment B). The letter fails to address most of the DA provisions that are identified in the August 16, 2022 City Council Staff Report (Attachment C) and in Resolution 43-22. Rather, the OGLLC 9/6/22 Report:
● States that OGLLC, in discussions with East Bay Regional Park District (“EBRPD”), has proposed relocating the Red-Tailed Hawk Staging Area to the public parking lot for the City of Orinda’s Wilder Fields/Art & Garden Center and eliminating the T 28 Trail that is planned to extend from the Red-Tailed Hawk Staging Area into the Western Hills Preserve Area;
● Discusses the status of a few of OGLLC’s many outstanding financial and legal obligations, including the draft Grazing Plan for the Preserve Areas, the Long-term Management Endowments, the Signage Plan, and acceptance of areas into the Geologic Hazard Abatement District (“GHAD”);
● States that OGLLC has reached out to East Bay Municipal Utility District (“EBMUD”) and the Homeowners Association (“HOA”); and
● Seeks the City’s cooperation in OGLLC’s efforts to “finalize terms as much as possible with EBRPD and EBMUD prior to negotiating with [the Resource Agencies].

OGLLC’S Outstanding Legal and Financial Obligations
The OGLLC 9/6/22 Report does not state when, or if, OGLLC will satisfy its outstanding obligations under the DA, including, but not limited to, its failure to:
● Restore the $60,000.00 deposit required by the 2009 Reimbursement Agreement between OGLLC and the City. If OGLLC does not make any payments to the City by Friday, September 23, 2022, the past due amount under the Reimbursement Agreement will be $43,646.10.

G.1
Packet Pg. 84
● Provide the City with insurance certificates as required by DA Sections 5.2 and

5.3 or indication as to when it will provide these certificates. ● Provide the City with evidence that OGLLC has paid the required premiums for the financial security (bonds) required under the Subdivision Improvement Agreement (SIA).
● Provide the City with an Assumption Agreement as required by DA Section

10.3.5 if, as OGLLC alleges, the 2010 Transfer was to an Affiliate of OGLLC. ● Complete the Red-Tailed Hawk Staging Area, the trail connection from Field 5 to Coffeeberry, the T28 trail, and all sidewalks in the Project. ● Cease accepting soil into the Soil Disposal Area and close the Soil Disposal Area in compliance with the DA. The City sent a letter to OGLLC on September 21, 2022 (Attachment D) notifying it “to immediately stop all addition of soil to the Soil Disposal Area on Parcel II and to complete all requirements for its permanent closure . . . ” ● Provide the City with updated Improvement Plans and a Signage and Lighting Plan that are consistent with the Wilder 2018 Circulation Plan. ● Implement a BART/Downtown shuttle or propose a DA Amendment to comply with this requirement.

On September 13, 2022, the City received a check in the amount of $6,000.00 from OGLLC to cover one-half of the cost of centerline striping Wilder Road. The City’s invoice for one half of the cost of striping Wilder Road was $5,850.00.

Therefore the City has applied OGLLC’s $150.00 overpayment to the outstanding balance for the City’s costs and expenses related to the Wilder Project.

OGLLC’s Claim Regarding Its Transfer to an Affiliate
On August 15, 2022, Ira Lebovic, OGLLC’s attorney, sent the City a redacted version of a Redemption Agreement between Wilder Investors, LLC, Brookside Land Company LLC and Orinda Gateway, LLC that indicates that Wilder Investors LLC withdrew as a member of Orinda Gateway, LLC in August 2020, leaving Brookside Land Company LLC as the sole remaining member of Orinda Gateway, LLC (“Redemption”). Representatives of OGLLC have stated repeatedly that this Redemption by Brookside Land Company LLC of the interests of the other members of OGLLC was a Transfer to an Affiliate as defined in Section 10.3.5 of the DA. In response, the City on September 2, 2022 requested that OGLLC provide the City with specific documents so that the City can determine whether Brookside Land Company LLC is an Affiliate of OGLLC. Mr. Lebovic has stated in e-mails that he was compiling the documents and on September 16, 2022 he said that the City would have “the bulk of the documents” by Monday, September 19, 2022. To date, the City has not received any of the documents it requested.

The DA sets forth the requirements with which OGLLC must comply if and when G.1
Packet Pg. 85
there is a Transfer as that term is defined in the DA. OGLLC’s annual review reports address this DA requirement. Accordingly, OGLLC’s 2021 Annual Review Report, covering the period May 28, 2020 through June 4, 2021, states that:
“There have been no "Transfers" under the terms of the DA.” Wilder Site Conditions
The future Red-Tailed Hawk Staging Area site has unsightly construction debris, heavy equipment, and storage containers on the parcel, a concern to both the City and residents of the area. The City has directed OGLLC to remove these items from the Red-Tailed Hawk Staging Area. See Attachment D to this Staff Report. As noted above, the Soil Disposal Area has not been closed in accordance with the DA. As of September 6, 2022, haul routes were still open at the site.

Bond Premiums
On September 6, 2022, the City received an e-mail exchange between Bruce Yamamoto of Brooks Street and Sally Kerr, Account Executive at HUB International, regarding overdue invoices for the City’s Subdivision Improvement bonds and the California Department of Fish and Wildlife’s $5.8 million bond The e-mail indicated that premiums for these bonds were due or past due. In this email exchange, Mr.

Yamamoto, on behalf of OGLLC, advised Ms. Kerr that: “We are working through these bonds with the City and DFG but lack funding to pay for the premiums now.” The City has demanded, but has not received, evidence that OGLLC has paid the required bond premiums. This is a violation of the DA and the Subdivision Improvement Agreement.

Concerns of Public Agencies and the Wilder Homeowners Association Since receiving Mr. Lebovic’s July 20, 2022 letter (Attachment B to the City Council’s August 16, 2022 Annual Review Staff Report), the City has been reaching out to and providing information to affected public agencies (East Bay Regional Park District, East Bay Municipal Utility District, San Francisco Regional Water Quality Control Board, California Department of Fish and Wildlife, and the Moraga Orinda Fire District), the Wilder Homeowners Association, the Wildlife Heritage Foundation, and other interested parties, regarding OGLLC’s alleged inability to satisfy its legal and financial obligations with regard to the Wilder Project. The City has also provided the documents related to the City’s ongoing Annual Review proceedings to these entities and individuals. The Wilder Owners Association has advised the City that statements in the OGLLC 9/6/22 Report are inaccurate: “There is no scheduled meeting date set for reserve claim mediation with the Wilder HOA and OGLLC. We have not heard back from their legal counsel regarding the dates we proposed for a November meeting with Bruce Edwards, the selected mediator.” See September 9, 2022 e-mail from Scott Honeychurch, President Wilder Owners Association.

NEXT STEPS
If the City Council adopts Resolution No. 46-22 finding that OGLLC still has not G.1
Packet Pg. 86
complied in good faith with the DA and related approvals, OGLLC will be directed to come into compliance by October 11, 2022 The Council’s October 11, 2022 meeting agenda will include a continued public hearing to determine whether OGLLC is in good faith compliance with the DA. OGLLC will be directed to appear before the City Council at that hearing. And, if necessary, the City Council on October 11, 2022 may proceed with all available legal remedies, extend the time for complying to a date certain, or it may terminate or modify the DA as appropriate. DA § 6.4.

FISCAL IMPACT:

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

ATTACHMENTS:

A. Weblink to: Resolution 43-22
B. OGLLC September 6, 2022 Report
C. Weblink to: August 16, 2022 City Council Staff Report D. September 21, 2022 Letter from Scott Christie to Bruce Yamamoto E. Resolution 46-22 Annual Review
Respectfully Submitted by:

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

G.1
Packet Pg. 87
7 Paintbrush Lane, Orinda CA 94563 | P: (925) 258-0084 | www.orindawilder.com

ORINDA GATEWAY, LLC
Mr. David Biggs
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Re: Response to City of Orinda Resolution No. 43-22
Dear Mr. Biggs:

On August 16 , 2022 the City of Orinda passed Resolution No. 43-22 that: (i) found Orinda Gateway LLC (“OGLLC”) not in compliance with its Development Agreement and other approvals; (ii) directed OGLLC to be in good faith compliance by October 11, 2022; (iii) directed OGLLC to provide a written report on or before September 6, 2022 describing actions it has taken and will; and, (iv) directed OGLLC to appear at the September 27, 2022 City Council meeting to update further actions.

We realize that both OGLLC and the City are committed to achieve a positive resolution of this matter. Accordingly, in response to Resolution No. 43-22, we offer the following:

East Bay Regional Park District (EBRPD)
OGLLC spoke with EBRPD about its funding constraints and discussed the following:

Red-tailed Hawk Staging Area: OGLLC suggested that the public parking lot for Orinda Park that is closest to the Art & Garden Center could be used instead of the trailhead. The center parking lot was designed to accommodate horse trailers and is planned to serve as an alternative parking area. This would also address the safety concerns expressed by Wilder residents near the trailhead by keeping all public amenities in one location. EBRPD representatives visited Wilder last week to familiarize themselves with the site and agreed to discuss ideas internally.  T-28 Trail: Given that the trail traverses through geologically sensitive areas and only provides an alternate route to an area served by other trails, OGLLC suggested that EBRPD consider eliminating this duplicative trail.
 Grazing Plan Infrastructure: OGLLC shared the latest grazing plan file so that EBRPD could evaluate which fencing areas are needed from a practical perspective. For example, the plan shows barbed wire fencing on property lines, but many of those property lines are completely inaccessible to grazing livestock given the heavy vegetation. We believe eliminating fencing requirements for these areas should have no impact on grazing operations. Further, accessing those areas to install fencing would require removing heavy vegetation which would take years to re-establish given current drought conditions. Finally, OGLLC has already resolved the most significant grazing concerns by installing two water wells powered by solar pumps and providing EBRPD operators with full access to these wells.
 Long-term Management Endowments: The endowments for the long-term management and maintenance of open space areas total nearly $5.7M. The endowments have increased significantly due to compounded returns and greatly exceed the amounts G.1.b
Packet Pg. 88
Attachment: OGLLC September 6, 2022 Report (2919 : Wilder Annual Review - Continued Hearing) Wilder Status Update
September 6, 2022

Page 2 ends

required and budgeted for annual operating expenses. OGLLC shared its financial analyses and endowment statements so that EBRPD may determine by how much the endowments exceed the original budget. Attached is the latest financial statements for the endowments.
 Signage Plan: Depending on the ultimate outcome for trail uses and the trailhead location, the signage plan to direct the general public to use appropriate paths, trails, and streets may require revision.

OGLLC anticipates ongoing discussions with EBPRD and seeks to finalizing terms by September 30, 2022.

GHAD
Construction of improvements within residential areas and the development buffer have been completed, and OGLLC has conducted annual maintenance on an ongoing basis. OGLLC received a punch list dated 8/3/22 from the GHAD and will prepare a proposal in advance of the GHAD’s September 2022 GHAD hearing. OGLLC proposes that the GHAD accept all areas that requires only minor maintenance work, such as clearing small amounts of debris from v-ditches along residential slopes. The v-ditches have been cleared many times by OGLLC, and future maintenance will be the GHAD’s ongoing annual responsibility. Other work includes trimming some vegetation in grassy swales used for filtration. The goal is to transfer as many parcels to the GHAD’s control as possible to ensure they are maintained appropriately and are covered for emergency repairs such as landslides and other major damage. OGLLC will also request that the GHAD assume responsibility for the Brookside EVA and its electric gates, which has been a concern for both residents and MOFD. Discussions on transferring open space areas will continue and will be presented by the GHAD administrator to the City Council at an appropriate time. It should be noted that the Long-Term Endowments mentioned above include funding for GHAD parcels.

EBMUD
OGLLC has reached out to EBMUD representatives but has not spoken directly with them yet. A meeting has been scheduled for September 6, 2022, after which we will provide City staff with an update on our discussions.

Wilder Homeowners Association
In accordance with California statutory procedures, OGLLC has scheduled mediation with the HOA in November 2022 to address the claims in its Notice. OGLLC will keep the City informed of any new developments.

Other Agencies
OGLLC believes it is important to finalize terms as much as possible with EBRPD and EBMUD prior to negotiating with representatives from the California Department of Fish & Wildlife, US Army G.1.b
Packet Pg. 89
Attachment: OGLLC September 6, 2022 Report (2919 : Wilder Annual Review - Continued Hearing) Wilder Status Update
September 6, 2022

Page 3 ends

Corps of Engineers, and the SF Bay Regional Water Quality Control Board. Having the City and OGLLC in agreement will help tremendously with EBRPD and EBMUD, and the City has already offered to help with these agencies in the past. OGLLC will keep City staff in the loop on any new developments.

Development Agreement “Transfer” Provisions
As our attorney set forth in his August 10, 2022 and August 15, 2022 emails to the City Attorney, the redemption by Brookside Land Company LLC (BLC) of the interests of the other members of OGLLC was a “Transfer to an Affiliate” as defined in Section 10.3.5 of the Development Agreement. The term “Affiliate” is defined in Section 1.1 of the Development Agreement, and includes parents and subsidiaries of OGLLC. As set forth in Section 10.3.5 of the DA, the requirements imposed on other transfers of membership interests (see Sections 10.3.2 and 10.3.3) do not apply if the transfer is to an “Affiliate.” The August 15, 2022 email included, among other things, a redacted version of the Redemption Agreement between and among OGLLC and the other former members of that entity. OGLLC is available to discuss this issue further with City staff to resolve any remaining issues.

As mentioned above, discussions are ongoing with the various groups, and OGLLC will continue to work on resolving all outstanding issues and provide timely updates to City staff. OGLLC suggests scheduling weekly or biweekly meetings with City staff as appropriate.

Please call me if you have any questions or comments. Thank you.

Best regards,
Chris Yelich
Orinda Gateway LLC
G.1.b
Packet Pg. 90
Attachment: OGLLC September 6, 2022 Report (2919 : Wilder Annual Review - Continued Hearing) 22 Orinda Way  Orinda  California  94563
General Information Administration Planning Parks & Recreation Police Public Works (925) 253-4200 (ph) (925) 253-4220 (ph) (925) 253-4210 (ph) (925) 254-2445 (ph) (925) 254-6820 (ph) (925) 253-4231 (ph) (925) 254-9158 (fax) (925) 254-2068 (fax) (925) 253-7719 (fax) (925) 253-7716 (fax) (925) 254-9158 (fax) (925) 253-7699 (fax) September 21, 2022
OGLLC c/o
Bruce Yamamoto
Brooks Street | Northern California Division
7 Paintbrush Lane
Orinda, CA 94563
Via email: yamamoto@brooks‐street.com
RE: Notification to close Soil Disposal Area and
Rainy Season Notification
Wilder Subdivision

Dear Mr. Yamamoto,
This letter serves to notify OGLLC to immediately stop all addition of soil to the Soil Disposal Area on Parcel II and to complete all requirements for its permanent closure in accordance with the Wilder Development Agreement. This includes compaction testing, hydroseeding, and all necessary erosion control measures. In addition, OGLLC shall remove all construction debris, equipment and storage containers on and around the Red‐Tailed Hawk Staging Area. You advised the City that OGLLC had permitted Taylor Morrison to deposit soil at the Soil Disposal Area only through the end of August 2022. However, a City consultant on September 6, 2022 observed that the soil disposal area was in an active state and haul routes appeared to still be in use; please refer to the attached photos taken on September 6, 2022.

Furthermore, OGLLC and its contractor(s) must prepare the subject property for the upcoming rainy season, including completion of requirements to avoid potential erosion and sediment problems. Please be advised of the following sections of the City of Orinda Municipal Code (OMC) and Contra Costa County Ordinance (CCCO) relating to grading operations.

CCCO Section 716‐2.604/OMC Section 15.36.220. Prohibited Action – Grading No person shall grade, whether or not a permit is required under this division, so that dirt, soil, rock, debris, or other material washed, eroded, or moved from the property by natural or artificial means creates a public nuisance or hazard, or an unlawful encroachment on other property or on a public road or street. Any such matter deposited within the right‐of‐way of a public road or street which may constitute a nuisance or hazard to public traffic shall be removed immediately, and failure to do so on notice from the county, authorizes the county to have the matter removed at the expense of the responsible party and/or permit holder.

G.1.d
Packet Pg. 91
Attachment: September 21, 2022 Letter from Scott Christie to Bruce Yamamoto (2919 : Wilder Annual Review - Continued Hearing) Page | 2
CCCO Section 716‐2.606/OMC Section 15.36.230. Prohibited Action – Water Obstruction No person shall obstruct, impede or interfere with the natural flow of storm waters, whether unconfined upon the surface of the land, within land depressions or natural drainage ways, within unimproved channels or watercourses, or within improved ditches, channels or conduits, except for construction operations permitted by the city.

CCCO Section 716‐8.802/OMC Section 15.36.1030. Erosion Control Plating – Cut Slopes The surface of all erodible cut slopes more than five feet in height and fill slopes more than three feet in height shall be protected against erosion by planting with grass or ground cover plants. The plants and planting methods shall be suitable for the soil and climatic conditions of the site and in accordance with standard specifications on file in the city Building Inspection Department.

CCCO Section 716‐8.1002/OMC Section 15.36.1060. Work During Rainfall Months Excavation, grading or construction of fills may be prohibited by the City Building Official during the months in which he finds that rainfall will likely preclude compliance with these requirements.

CCCO Section 716‐8.1012/OMC Section 15.36.1100 (D). Responsibility of Permittee Temporary Erosion Control. The permittee shall effect and maintain precautionary measures necessary to protect adjacent watercourses and public or private property from damage or erosion, flooding, and deposit of mud or debris originating from the site.

The City considers October 1st as the beginning of the rainy season. If site improvements are not complete by that date, temporary erosion and sediment control measures shall be installed to provide for the safe and sediment‐free discharge of stormwater from the site. Such measures shall be installed by October 1st and maintained throughout the rainy season. The rainy season is considered to extend through April 15th, but if rain persists beyond that date, the measures shall continue to be maintained to provide adequate protection or replaced with permanent facilities.

A Contra Costa Building Inspection Department Grading Inspector, on behalf of the City of Orinda, will be conducting pre‐rainy season inspections prior to September 30, 2015 to ensure that adequate control measures have been installed. The Grading Inspector will conduct inspections throughout the rainy season to ensure the installed measures are maintained or replaced if ineffective. The following is a summary of the City’s enforcement procedures:
 If your project has no or inadequate erosion and sediment control measures installed but a release of sediment‐laden stormwater has not occurred from the property, the City will issue a verbal warning and/or a Warning Notice and submittal of an Erosion and Sediment Control Plan will be required. The design of the erosion and sediment control facilities shall be as recommended by a civil engineer and approved by the City and the Contra Costa County Building Inspection Department Grading Inspector.  If measures are not installed or corrected within 10 business days or prior to the next rain event or if a release of sediment‐laden stormwater has occurred, a Notice of Violation and/or a Stop Work Order will be issued. The Stop Work Order will be lifted once erosion and sediment control facilities installed at the site are consistent with the Erosion and Sediment Control Plan submitted to and approved by the City and the Contra Costa County Building Inspection Department Grading Inspector.  If measures are still not corrected within 10 business days or prior to the next rain event and problems persist, the City will pursue administrative penalties, cost recovery or referral to the State.

G.1.d
Packet Pg. 92
Attachment: September 21, 2022 Letter from Scott Christie to Bruce Yamamoto (2919 : Wilder Annual Review - Continued Hearing) Page | 3
The City is required by the State to ensure that all construction sites have site‐specific and seasonally‐ and phase‐appropriate effective Best Management Practices (BMPs) in the following six categories: erosion control, run‐on and run‐off control, sediment control, active treatment systems (as necessary), good site management, and non‐stormwater management.

By:_________________________
Scott Christie, Public Works Director
Attachment: Photos of Soil Disposal Area 9/6/22
cc: City Manager
City Attorney
G.1.d
Packet Pg. 93
Attachment: September 21, 2022 Letter from Scott Christie to Bruce Yamamoto (2919 : Wilder Annual Review - Continued Hearing) Sept 6, 2022 photos – showing soil disposal site in an active state. The haul route still exists and no erosion control measures.

G.1.d
Packet Pg. 94
Attachment: September 21, 2022 Letter from Scott Christie to Bruce Yamamoto (2919 : Wilder Annual Review - Continued Hearing) G.1.d
Packet Pg. 95
Attachment: September 21, 2022 Letter from Scott Christie to Bruce Yamamoto (2919 : Wilder Annual Review - Continued Hearing)

BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
IN THE MATTER OF:

Determination that OG Property
Owners, LLC (‘OGLLC”) has not yet
brought its actions into good faith
compliance with the terms of the
Second Amendment and Restatement
of the Development and Pre-Annexation
Agreement for Gateway Valley as
amended
RESOLUTION NO. 46-22
WHEREAS, the City of Orinda (“City”) and OG Property Owners, LLC (“OGLLC”) entered into the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley (“DA”) on March 15, 2005; and
WHEREAS, on August 16, 2022 the City Council held a public hearing on OGLLC’s compliance with the DA (“Annual Review hearing”) and found and determined, based on all of the evidence before it, that OGLLC has not complied in good faith with the DA and related approvals; and
WHEREAS, on August 16, 2022 the City Council directed OGLLC to provide a written report to the City on or before September 6, 2022 describing the actions that it has taken and will take, in response to the DA provisions identified in the August 16 City Council Staff Report and in Resolution No. 43-22 to bring its performance into good faith compliance with the DA; and
WHEREAS, on September 1, 2022 OGLLC submitted its report to the City (“OGLLC’s 9/1/22 Report”); and
WHEREAS, OGLLC’s 9/1/22 Report: does not: address all of the DA provisions identified in the August 16 City Council Staff Report and in Resolution No. 43-22 required to bring its performance into good faith compliance with the DA; does not state when it will satisfy its outstanding obligations under the DA; and does not guarantee that it will satisfy its outstanding obligations; and
WHEREAS, the City has provided the August 16, 2022 City Council Staff Report, Resolution No. 43-22, and OGLLC’s 9/1/22 Report to numerous interested parties, including local, state and federal public agencies that have an interest in the Wilder project, and the Wilder Homeowners Association; and G.1.e
Packet Pg. 96
Attachment: Resolution 46-22 Annual Review (2919 : Wilder Annual Review - Continued Hearing) WHEREAS, on August 15, 2022 OGLLC submitted its 2022 Annual Review Report to the City which states that “there has been a Transfer to an Affiliate (as those terms are defined in the DA) as a result of which Brookside Land Company, LLC is the sole member of OGLLC”; and
WHEREAS, OGLLC’s 9/1/22 Report states that “the redemption by Brookside Land Company LLC (BLC) of the interests of the other members of OGLLC was a “Transfer to an Affiliate” as defined in Section 10.3.5 of the Development Agreement”; and
WHEREAS, OGLLC’s legal counsel provided documents to the City on August 15, 2022 regarding Wilder Investors, LLC (“Investor”); Brookside Land Company LLC (“Brookside”); and Orinda Gateway, LLC (“Company”), which included a redacted version of a Redemption Agreement between the aforementioned three parties that indicates that Investor withdrew as a member of the Company in August 2020, leaving Brookside as the sole remaining member of the Company; and WHEREAS, OGLLC’s 2021 Annual Review Report, covering the period May 28, 2020 through June 4, 2021, states that: “There have been no "Transfers" under the terms of the DA”; and
WHEREAS, Section 10.3.5 of the DA provides: “If the proposed Transfer is to be made to an Affiliate of Orinda Gateway, LLC as the Transferee, and if Orinda Gateway, LLC retains effective control of the managerial decisions of the company, maintains personal liability under this Agreement, and if Transferee delivers to the City an assumption agreement, duly recorded in the Official Records of County, assuming all of Orinda Gateway, LLC's obligations under this Agreement, then the provisions of Sections 10.3.2 and 10.3.3 above shall be deemed fulfilled for purposes of this Section 10.3.5” (emphasis added); and WHEREAS, OGLLC has not delivered to the City a duly recorded assumption agreement; and
WHEREAS, on September 2, 2022, the City requested that OGLLC’s attorney provide the City with specific documents in order for the City to determine whether Brookside is an Affiliate of Orinda Gateway, LLC; and
WHEREAS, to date, OGLLC’s attorney has not provided the City with the documents it requested; and
WHEREAS, on September 6, 2022, the City received an e-mail exchange between representatives of HUB International, an insurance broker, and Bruce Yamamoto of Brooks Street regarding the outstanding invoices (totaling $108,215.00) G.1.e
Packet Pg. 97
Attachment: Resolution 46-22 Annual Review (2919 : Wilder Annual Review - Continued Hearing) that OGLLC is required to pay to renew the City’s Subdivision Improvement bonds and the $176,712.00 renewal premium for the $5.8 million California Department of Fish and Game bond (“Bond Invoices”) and to date OGLLC has not provided evidence that it has made the payments required to renew the bonds; and WHEREAS, Resolution No. 43-22 and the August 16, 2022 City Council Staff Report identified a number of DA provisions with which OGLLC has not complied in good faith and to date OGLLC remains out of good faith compliance with the following:
● OGLLC has not restored its $60,000.00 deposit to the City within 15 days of OGLLC’s receipt of the City’s Invoices for the Wilder Project as required under Section 4(b) of the 2009 Reimbursement Agreement and the past due amount as of September 19, 2022 totals $19,833.00; and
● the past due amount under the Reimbursement Agreement will be $43,646.10 as of September 23, 2022 if OGLLC does not make any payment to the City between now and that date; and
● OGLLC has not provided the required insurance certificates to the City documenting its compliance with Sections 5.2 and 5.3 of the DA and has not stated when the City will receive the certificates; and
● OGLLC has not provided evidence that it has maintained liability insurance arising out of its activities under the DA “with a combined single liability limit of not less than $7,600,000.00 (subject to the CPI) per occurrence;” and WHEREAS, although Bruce Yamamoto advised the City that OGLLC had permitted Taylor Morrison to deposit soil at the Soil Disposal Area only through the end of August 2022, a City consultant on September 6, 2022, observed that the soil disposal site was in an active state; that the haul route still exists and that no erosion control measures were in place. OGLLC has been directed to immediately stop all addition of soil to the site, to complete all requirements for its permanent closure, including erosion control measures, and to prepare the Soil Disposal Area for the upcoming rainy season; and
WHEREAS, OGLLC has not responded to the City’s multiple requests that OGLLC inform the City as to whether OGLLC has assigned its rights and obligations under the Wilder Landscape Agreement and Easement to the Wilder Homeowners Association; and
WHEREAS, OGLLC has not completed the Red-Tailed Hawk Staging Area, the trail connection from Field 5 to Coffeeberry, and the T28 Trail, and has not implemented the Signage and Lighting Plan, as confirmed in OGLLC’s 9/1/22 Report; and
WHEREAS, there is construction debris, storage containers, and heavy equipment on the Red-Tailed Hawk Staging Area that OGLLC needs to remove; and G.1.e
Packet Pg. 98
Attachment: Resolution 46-22 Annual Review (2919 : Wilder Annual Review - Continued Hearing) WHEREAS, sidewalks remain to be completed at some of the Taylor Morrison lots and some of the custom home lots; and
WHEREAS, OGLLC has not provided the City with updated Improvement Plans and a Signage and Lighting Plan that are consistent with the Wilder 2018 Circulation Plan as required by the Eighth DA Amendment; and
WHEREAS, OGLLC has not complied with the Eighth DA Amendment’s requirement that it shall implement a BART/downtown shuttle concurrent with the time that the 200 home in the Project is ready for occupancy, nor has it provided the City with a proposed schedule for compliance or requested an amendment to the DA to address this requirement; and
WHEREAS, the Resource Agencies (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) have not determined that the mitigation requirements set forth in the Resource Management Plan for the Wilder Preserve Areas, including fencing, removal of invasive plants, and signage have been met or otherwise approved as required before OGLLC can transfer title to these areas to the Long Term Landowners – the East Bay Regional Park District, the East Bay Municipal Utility District, and the Orinda Geologic Hazard Abatement District (“GHAD”); and
WHEREAS, OGLLC has acknowledged in its 2022 Annual Review Report that:
“Remaining construction items in the DA related to open space parcels include the following: installing Grazing Plan infrastructure in open space areas (barbed wire fencing, vehicle and pedestrian gates, livestock corrals, watering troughs, etc.), completing the Red-tailed Hawk Staging Area, installing a culvert bridge crossing in the Indian Valley parcel, and finishing trail improvements in the Western Hills Open Space”; and
WHEREAS, OGLLC has not fully and timely satisfied its obligations to prepare facilities and properties for transfer to the GHAD as required by the Plan of Control; and
WHEREAS, OGLLC has not fully and timely satisfied its obligations under the Subdivision Improvement Agreement; and
WHEREAS, the City Council held a continued public hearing on September 27, 2022 to address further actions required to bring OGLLC into good faith compliance with the DA; and
G.1.e
Packet Pg. 99
Attachment: Resolution 46-22 Annual Review (2919 : Wilder Annual Review - Continued Hearing) WHEREAS, DA Section 8.1 (Events of Default) states: “Subject to the provisions of Article VII, any failure by either Party to perform any material term or provision of this Agreement shall constitute an Event of Default, (i) if such defaulting Party does not cure such failure within thirty (30) days following notice of default from the other Party, where such failure is of a nature that can be cured within such thirty (30) day period, or (ii) if such failure is not of a nature which can be cured within such thirty (30) day period, the defaulting Party does not within such thirty (30) day period commence substantial efforts to cure such failure, or thereafter does not within a reasonable time prosecute to completion with diligence and continuity the curing of such failure. An Event of Default arising from the failure of a Party to make payment of monies due under this Agreement, or to post Security in accordance with this Agreement, shall in all events constitute an Event of Default capable of cure under clause (i), above. Any notice of and Event of Default given hereunder shall specify in detail the nature of the failures in performance which the noticing party claims constitute the Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement.”;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby find, determine and direct as follows:

1. The Council finds, based on all of the evidence set forth above, in the written materials before it and the oral communications on August 16, 2022 and September 27, 2022, that OGLLC still has not complied in good faith with the DA and related approvals.

2. The Council directs OGLLC to bring its performance into good faith compliance with the DA by October 11, 2022.

3. A copy of this Resolution shall be provided to OGLLC and shall supplement the City’s August 16, 2022 notice of Event of Default in compliance with DA Section 8.1.

4. OGLLC is directed to appear before the City Council at a continued public hearing on October 11, 2022.

Adopted by the City Council of the City of Orinda at a regular meeting on September 27, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

G.1.e
Packet Pg. 100 Attachment: Resolution 46-22 Annual Review (2919 : Wilder Annual Review - Continued Hearing) Dennis Fay, Mayor
ATTEST:

Sheri M. Smith, City Clerk
G.1.e
Packet Pg. 101 Attachment: Resolution 46-22 Annual Review (2919 : Wilder Annual Review - Continued Hearing) City Council
Staff Report
Agenda Item: H.1
Date: September 27, 2022
Department: Planning Department
AGENDA TITLE: Policy Discussion Regarding a Potential Building Electrification Ordinance that would Prohibit New Natural Gas Connections for Certain Development Projects
RECOMMENDATION:

Receive report and provide feedback to City Staff in the form of a motion identifying recommended local amendments to the 2023 Energy and Building Code.

BACKGROUND:

The California Building Standards Code (California Code of Regulations, Title 24) sets the statewide building code standards. Title 24, Part 6, the California Building Energy Efficiency Standards also known as "Energy Code", includes mandatory measures for residential and non-residential buildings and sets an energy budget for each type of building. Title 24, Part 11, the California Green Building Standards Code, includes mandatory requirements for all types of buildings regarding green materials and recycling, water efficiency, and electric vehicle charging.

Title 24 receives updates every three years to incorporate the latest changes in construction and technology. The latest update (2019 Energy Code) went into effect on January 1, 2020 and will expire on December 31, 2022. Starting January 1, 2023, the 2022 Energy Code will go into effect. The 2022 Energy Code encourages efficient electric heat pumps, establishes electric-ready requirements for new homes, expands solar photovoltaic and battery storage standards, strengthens ventilation standards, and more.

When the Energy Code is updated, all cities and counties must adopt the new Code and any local amendments to the Code.

Health and Safety Code sections 17958.5 and 18941.5 authorize a local agency to modify the 2019 California Energy Code and establish more restrictive building standards if the local agency finds that the changes and modifications are reasonably necessary because of local climatic, geological, topographical, or environmental conditions. California Public Resources Code section 25402.1(h)(2) further authorizes a local agency to modify the California Energy Code if the local agency finds that the proposed standards are cost-effective and the California Energy Commission (CEC) determines that the proposed standards will require the diminution of energy consumption levels permitted by the 2019 California Energy Code.

On January 18, 2022, the County Board of Supervisors adopted Ordinance 2022-02, an All-Electric (New Construction) Ordinance, to amend the 2019 California Energy Code H.1
Packet Pg. 102
to require the following building types to be all-electric:
 Residential (including single-family and multi-family buildings)  Detached Accessory Dwelling Units
 Hotel
 Office
 Retail
An all-electric building is defined to mean a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the sole source of energy for its space heating (including heating of all indoor and outdoor spaces of the building), water heating (including heating of indoor and outdoor pools and spas), cooking appliances, and clothes drying appliances. An all-electric building may utilize solar thermal pool heating.

The County Board of Supervisors Ordinance 2022-02 regulates new construction only with an operative date of June 1, 2022. A building permit issued before June 1, 2022, for a newly constructed residential building, hotel, office, or retail building would not require the building to be an all-electric building. Additionally, a building permit issued after June 1, 2022 would not require a newly constructed residential building, hotel, office, or retail building to be all-electric if the building is part of a development project that has obtained an approved vesting tentative map, development agreement, or other vested right pursuant to applicable law, prior to June 1, 2022.

The City of Orinda contracts with Contra Costa County for building permit services.

However, the County’s electrification amendments apply only in unincorporated areas.

For other issues, the County and City building codes are the same. (The Orinda fire code, however, is based on MOFD’s code and is therefore different than the County fire code.)
In the coming months the City Council will be asked to approve the new 2022 Building Code so that it may be implemented in 2023. At this time, staff is checking in with Council to get feedback as to whether the City should adopt its own electrification ordinance amending the 2022 Building Code either identical or similar to the County’s.

DISCUSSION:

County Board of Supervisors Ordinance 2022-02.

Public outreach for the County Electrification Ordinance occurred through the Board of Supervisors Sustainability Committee. The public has had the opportunity to provide input at the Sustainability Committee meetings on September 23, 2019, February 3, 2020, and May 24, 2021.

Concerns expressed as part of this public process, along with county responses, are included below:
 Concern that the building industry be given sufficient time to adapt to the building code changes so new projects in the pipeline would not require redesign o Response: The County provided approximately five and a half months between the adoption of the ordinance and the operative date. Additionally H.1
Packet Pg. 103
projects with building permits issued or development projects that have obtained an approved vesting tentative map before the operative date would not require all electric buildings.
 Concern if there’s enough electricity supply to support new all-electric buildings, and questions on grid reliability and if all-electric buildings will be more vulnerable to Public Safety Power Shutoff events
o Response: California State agencies are planning for the State’s future energy needs by dedicating resources and attention to address concerns, and the State continues to work with utilities to reduce the need for Public Safety Power Shutoff events and property owners can mitigate their risk of losing power during Public Safety Power Shutoff events by installing a source of backup power, such as a generator or battery storage.  Question if all-electric buildings cost more to construct o Response: Generally, all-electric buildings are less costly to build (as the service and piping for natural gas infrastructure is often more expensive than installing a building with all-electric equipment).  The California Pool and Spa Association (CPSA) requested an exemption from the proposed ordinance for swimming pools, spas, and other ancillary equipment for outdoor use, such as fire pits, fireplaces, decorative fire features, pizza ovens, barbecues, outdoor ranges, and outdoor space heating; stating that alternatives to natural gas are either not practically available or severely disappointing in quality. CPSA expressed that a natural gas pool heating system can heat to optimal temperature much quicker than electric heat pump system and that the electric pool heating systems may be more costly for homeowners due to potential need to increase the size of a building’s electrical service when adding an electric pool heating system. They also conveyed concerns that eliminating or phasing out the use of natural gas would undermine the swimming pool and hot tub business and have an economic impact on the State. Other concerns raised include not being able to use natural gas for other outdoor features, such as fire pits, fireplaces, decorative fire features, pizza ovens, barbeques, outdoor ranges, and outdoor space heating.
o Response: Electric and solar thermal alternatives to the appliances mentioned by CPSA exist and electric heating is the most common approach for standalone hot tubs. However, eliminating the use of natural gas would require other equipment that would take substantially longer than a gas system to heat cold water in a pool or in-ground spa.

Regarding an increased cost to homeowners by necessitating increased size of the home’s electrical service, this may apply when adding a pool with an electric heating system to an existing home if it requires the homeowner to upsize the electrical service for the home. However, County Board of Supervisors Ordinance 2022-02 only applies to pools installed for new homes. The added cost of designing the electrical system of a new home to accommodate the needs of a pool heating system is not significant, as the added electrical load resulting from a pool heating H.1
Packet Pg. 104
system would not result in a substantial increase in the cost of the overall electrical system for the home.

Jurisdictions with an Electrification Ordinance.

As of September 8, 2022, sixty California cities/counties have passed a new building electrification code or ordinance. The Sierra Club has put together a list of these California Jurisdictions with an electrification code or ordinance, which is included as a web link in attachment C.

City Staff has reached out to neighboring cities regarding electrification ordinances, and while not yet adopted, the City of Lafayette is considering adoption of one.

City of Orinda Potential Electrification Ordinance.

City of Orinda staff is considering recommending policies to require newly constructed buildings to be built all-electric and to encourage existing building owners to convert fossil fuel appliances to electric.

Staff is requesting feedback from City Council regarding the following:
 Should the City adopt an electrification ordinance?
o If yes, should the Orinda ordinance be identical the County electrification ordinance?
o If not identical to the County’s ordinance, should the Orinda ordinance  Require newly constructed buildings to be built all-electric, with no gas hook ups?
 Apply to residential (single-family and/or multifamily) as well as commercial buildings?
 Require certain electric appliances and electrical system upgrades during major remodeling of existing buildings?
 At what threshold should the City of Orinda consider a major remodel for this purpose?
o Projects over a certain valuation
o Projects where a certain percentage of the property is demolished
NEXT STEPS:

After receiving policy feedback from the City Council, staff will draft the local amendments to the 2023 Energy and Building Code and present the draft to the City of Orinda City Council at a noticed public meeting for formal consideration.

ATTACHMENTS:

A. County Board of Supervisors Electrification Ordinance 2022-02. adopted J...

B. January 18, 2022 County Staff Report regarding Electrification Ordinance [WEBLINK]
C. Sierra Club - California's Cities Lead the Way on Pollution-Free Homes and Buildings [WEBLINK]
H.1
Packet Pg. 105
Respectfully Submitted by:

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

H.1
Packet Pg. 106
ORDINANCE NO. 2022-02
ADOPTION AND AMENDMENT OF THE 2019 CALIFORNIA ENERGY CODE TO

REQUIRE CERTAIN NEWLY CONSTRUCTED BUILDINGS TO BE ALL-ELECTRIC

BUILDINGS
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code):

SECTION I. SUMMARY. This ordinance adopts and amends the 2019 California Energy Code to require all newly constructed residential buildings, hotels, offices, and retail buildings to be constructed as all-electric buildings without natural gas infrastructure. This ordinance is adopted pursuant to Health and Safety Code sections 17922, 17958, 17958.5, 17958.7, and 18941.5, Public Resources Code section 25402.1(h)(2), and Government Code sections 50020 through 50022.10.

SECTION II. Section 74-2.002 (Adoption) of Division 74 (Building Code) of the County Ordinance Code is amended to read:
74-2.002 Adoption.
(a) The building code of this county is the 2019 California Building Code (California Code of Regulations, Title 24, Part 2, Volumes 1 and 2), the 2019 California Residential Code (California Code of Regulations, Title 24, Part 2.5), the 2019 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11), the 2019 California Existing Building Code (California Code of Regulations, Title 24, Part 10), and the 2019 Energy Code (California Code of Regulations, Title 24, Part 6), as amended by the changes, additions, and deletions set forth in this division and Division 72. (b) The 2019 California Building Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.
(c) The 2019 California Residential Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.
(d) The 2019 California Green Building Standards Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.

ORDINANCE NO. 2022-02
1 H.1.a
Packet Pg. 107 Attachment: County Board of Supervisors Electrification Ordinance 2022-02. adopted J... (2904 : Policy Discussion of Building Electrification) (e) The 2019 California Existing Building Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.
(f) The 2019 California Energy Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.
(g) At least one copy of this building code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with.
(h) As of the effective date of the ordinance from which this division is derived, the provisions of the building code are controlling and enforceable within the county. (Ords. 2022-02 § 2, 2019-31 § 2, 2016-22 § 2, 2013-24 § 2, 2011-03 § 2, 2007-54 §3, 2002-31 § 3, 99-17 § 5, 99-1, 90-100 § 5, 87-55 § 4, 80-14 § 5, 74-30.) SECTION III. Section 74.4.010 (Amendments to CEnC) is added to Chapter 74-4 (Modifications) of Division 74 (Building Code) of the County Ordinance Code, to read:
74-4.010 Amendments to CEnC. The 2019 California Energy Code ("CEnC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used below are those of the 2019 California Energy Code. (a) Section 100.0(e)(2)(A) of CEnC Subchapter 1 (All Occupancies - General Provisions) is amended to read:

A. All newly constructed buildings.
i. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsection B, C, D, or E, as applicable.
ii. A newly constructed building that is any of the following building types shall be an all-electric building:
a. Residential.
b. Detached accessory dwelling unit.
c. Hotel.

ORDINANCE NO. 2022-02
2 H.1.a
Packet Pg. 108 Attachment: County Board of Supervisors Electrification Ordinance 2022-02. adopted J... (2904 : Policy Discussion of Building Electrification) d. Office.
e. Retail.

Exception to Section 100.0(e)(2)(A)(ii): Development projects that have obtained vested rights before the effective date of this subsection (ii) or June 1, 2022, whichever is later, pursuant to a development agreement in accordance with Government Code section 65866, a vesting tentative map in accordance with Government Code section 66998.1, or other applicable law, are exempt for the requirements of Section 100.0(e)(2)(A)(ii). (b) Section 100.1(b) (Definitions) of CEnC Subchapter 1 (All Occupancies - General Provisions) is amended by adding the following definition:

ALL-ELECTRIC BUILDING means a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the sole source of energy for its space heating (including heating of all indoor and outdoor spaces of the building), water heating (including heating of indoor and outdoor pools and spas), cooking appliances, and clothes drying appliances. An all-electric building may utilize solar thermal pool heating. (Ord. 2022-02 § 3.)
SECTION IV. VALIDITY. The Contra Costa County Board of Supervisors declares that if any section, paragraph, sentence, or word of this ordinance or of the 2019 California Energy Code as adopted and amended herein is declared for any reason to be invalid, it is the intent of the Contra Costa County Board of Supervisors that it would have passed all other portions or provisions of this ordinance independent of the elimination herefrom any portion or provision as may be declared invalid.

SECTION V. EFFECTIVE AND OPERATIVE DATE. This ordinance becomes effective, but not operative, upon approval by the California Energy Commission or 30 days after passage, whichever is later. This ordinance will become operative on the effective date of this ordinance or June 1, 2022, whichever is later. Within 15 days of passage, this ordinance shall be published once in the East Bay Times, a newspaper published in this County. \\\
\\\
\\\
\\\
\\\
ORDINANCE NO. 2022-02
3 H.1.a
Packet Pg. 109 Attachment: County Board of Supervisors Electrification Ordinance 2022-02. adopted J... (2904 : Policy Discussion of Building Electrification) PASSED on ___________________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: MONICA NINO, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________ [SEAL]
Deputy
KCK:

H:\Client Matters\2021\DCD\Ordinance No. 2022-02 All-Electric Buildings.wpd ORDINANCE NO. 2022-02
4 H.1.a
Packet Pg. 110 Attachment: County Board of Supervisors Electrification Ordinance 2022-02. adopted J... (2904 : Policy Discussion of Building Electrification)

Orinda City CouncilSeptember 27, 2022

Orinda City Council
September 27, 2022