Agenda packet — Orinda City Council, January 10, 2023

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, January 10, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 01.10.23
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 01.10.23
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Brandyn Iverson, Latika Malkani, Janet Riley Vice Mayor Darlene Gee, Mayor Inga Miller
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. Annual Comprehensive Financial Report and Audit Overview - Maze & Associates
Recommendation:

Receive presentation by Mr. David Alvey of Maze & Associates and ask any follow-up questions on the audit that was performed for the period ending June 30, 2022.

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. December 6, 2022 - Regular Meeting

2. December 13, 2022 - Regular Meeting
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
City Council
Agenda Page 3 01.10.23
Recommendation:

Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of January 11, 2023 to February 9, 2023 Pursuant to the Provisions of Assembly Bill 361.

F.3. 2022 Annual Report of Development Impact Fee Funds Per AB1600 (Government Code Sections 66000 and Following)
Recommendation:

Staff recommends that the City Council: (1) Receive and file the City of Orinda Annual Report of Development Impact Fee Funds for the year ended June 30, 2022 (Attachment A); and (2) Adopt the resolution recording the completion of a Five Year Review including making findings regarding unexpended Mitigation Impact Fee Funds (Attachment C).

F.4. Acceptance of 2021 Annual Pavement Rehabilitation Project Recommendation:

Staff recommends that the City Council adopt Resolution No.02-23 Acceptance of Work for the 2021 Annual Pavement Rehabilitation, Project No. 4155 with DeSilva Gates Construction, LLP. and authorize the City Clerk to sign and file the Notice of Completion with the Contra Costa County Clerk-Recorder.

F.5. Approving Parcel Map and Subdivision Improvement Agreement for Subdivision MS 2022-002 Urban Lot Split at 15 St. James Ct.

Recommendation:

Staff recommends adoption of Resolution No. 55-22, approving Parcel Map for 15 St. James Court (MS 2022-002 Urban Lot Split) and Subdivision Improvement Agreement with owners Gerry Bakalian and Deborah Mata-Bakalian, husband and wife.

G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Receive Annual Comprehensive Financial Report (ACFR) For June 30, 2022 Including Financial Statements and Audit Reports Recommendation:

Accept the Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2022, including audited financial statements, report of balances, and other associated reports; Memorandum of Internal Controls Report; Gann Appropriations Limit Report; and Transportation Development Act Funds Report. (Note an Overview Presentation by the Independent Auditor is scheduled under the agenda section "Items For The Good of the City")
H.2. Review of the Revised Draft Safety Element of the General Plan and the Draft Downtown Precise Plan
City Council
Agenda Page 4 01.10.23
Recommendation:

Staff recommends the City Council receive the report, take public testimony, and provide feedback on the revised draft Safety Element and draft Downtown Precise Plan.

H.3. Proposed 2023 Fire Code Update Review
Recommendation:

Receive Report on 2023 Fire Code Update as Proposed by the MoragaOrinda Fire District and provide comments, if any.

H.4. City Council Committee Appointment/Liaison List for 2023 Recommendation:

Review and Approve the recommended City Council Committee Appointment / Liaison List for 2023.

H.5. City Council Meeting Schedule for 2023
Recommendation:

Review, Amend, and Adopt City Council Meeting Schedule for 2023 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, January 17, 2023 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 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
~ Notices ~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit City Council
Agenda Page 5 01.10.23
begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you file a challenge in Court, you may be limited by California law, including but not limited to Government Code §65009, to those issues raised in connection with the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~ 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.

City Council
Staff Report
Agenda Item: D.1
Date: January 10, 2023
Department: City Council
AGENDA TITLE: Annual Comprehensive Financial Report and Audit Overview - Maze & Associates
RECOMMENDATION:

Receive presentation by Mr. David Alvey of Maze & Associates and ask any follow-up questions on the audit that was performed for the period ending June 30, 2022.

BACKGROUND:

Mr. David Alvey is currently the City of Orinda’s audit Partner with the public accounting firm of Maze and Associates. This firm is the City’s independent financial auditor and they have completed their work on the audit of the City financial statements for the period ending June 30, 2022.

Mr. Alvey, Partner with the public accounting firm of Maze and Associates, will present a high-level overview of the reports completed. Mr. Alvey has a depth of Orinda knowledge as he has been the City’s audit Partner for two years. The City Council formal acceptance of the Annual Comprehensive Financial Report and Audit is included as a separate item on the Consent Calendar for this evening’s meeting. The presentation was scheduled to highlight the importance of an independent examination of the City’s financial records, and provide an additional opportunity for City Council review and communication with the independent auditor.

ATTACHMENTS:

A. Maze & Associates Audit Presentation
Respectfully Submitted by:

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

D.1
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D.1
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Independent Auditor Presentation
For fiscal year ended June 30, 2022
City of Orinda
David M. Alvey, CPA
Partner
1 D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & What We Will Cover
BackgroundAudit ResultsFinancial HighlightsMemorandum on Internal Control and Required Communication (MOIC)
2 D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Background
3 D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Who We Are
In business
since 1979
Municipal
auditor
since
1987
> 150
municipal
entities
> 50 cities/towns
> 40 ACFRs
Independent
of the City
4 D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Standards to Follow
5 Audit
Auditing
standards
generally
accepted in the
USA
Government
Auditing
Standards
(issued by the
Comptroller
General of the
United States of
America)
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Audit Timeline
• April 2022• Internal control environment Interim• October 2022• Verification of financial data Final 6 D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Current Year Highlights
 Total Assets – increase $8.7m
 Measure R American Recovery Plan Act (ARPA) grant revenue  Total Revenue – increase $4m
 $2.4m ARPA Property Tax
 Total Expense – increase $2.5m
 Park, Recreation and Library – increase demand Capital projects – Wilder Sports Complex 7 D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Audit Results
8 D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze &  Completed
Financial Audit
 Unmodified (i.e.. Clean) Opinions
Transportation Development Act Audit
 Unmodified (i.e.. Clean) Opinion
Appropriation Limit calculation AUP
 No exception noted
9 D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Maze & Associates, CPAs 10
2015
2014
2016
2017
2018
20192020
2021
D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Financial Highlights
11 D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Entity-wide vs. Fund Financial Statements
12 Entity-wide Level
(pages 20 to 21)
Fund Level
(pages 24 to 31)
Current AssetsLong-Term AssetsCurrent LiabilitiesLong-Term LiabilitiesEquity Net Position Fund Balance D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Entity-wide
Assets $158.2mDeferred outflows $78k
Liabilities $54.6mDeferred inflows $212k
Net position $103.5m-- $6.8m increase
Maze & Associates, CPAs 13
D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Fund Level -- General Fund
 Fund Balance $18.4m
 $3.2m increase
14 Nonspendable
$487k
Assigned
$6.9m
Unassigned
$11m
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Financial Highlights: General Fund
15 Amount # of Months
Average monthly expenditures $1.3mMonths of expenditures that can be covered by Fund Balance • Total minus Nonspendable FB $17.9m 14 months• Contingency / Emergency FB $7.9m 6.0 months D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Memorandum on
Internal Control
and Required Communication
16 D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Memorandum on Internal Control (MOIC)
and Required Communications
17 MOIC
Control
Deficiency Other Matters
D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & Memorandum on Internal Control
18  Material Weakness: None Significant Deficiency: None Other Matters: Upcoming GASB Pronouncements
 Required Communication:
 No disagreements with management  No issues with accounting estimate and assumptions No reason to believe the scope was limited  No second opinion D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & QUESTIONS?
19 D.1.a
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Attachment: Maze & Associates Audit Presentation (2985 : City Audit Report Overview - Maze & AGENDA TITLE: City Council Minutes
RECOMMENDATION:

Approve City Council Minutes:

1. December 6, 2022 - Regular Meeting

2. December 13, 2022 - Regular Meeting
ATTACHMENTS:

A. City Council Minutes of December 6, 2022
B. City Counci Minutes of December 13, 2022
Respectfully Submitted by:

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

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Orinda City Council Minutes Page 1 of 10 12.06.22
December 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=2104 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 Worth.

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

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Certificate of Appreciation – The Dougherty-Lijphart Family – Ascending Dancers Sculpture Donation
Mayor Fay and Councilmembers voiced appreciation to the Doughtery-Liiphart Family for their donation of the Ascending Dancers sculpture. Mayor Fay recognized the artist and read portions of the certificate into the record.

Anna Liiphart stated, on behalf of her family, thanked the Council for their kind words and great location for the sculpture, which they have enjoyed over the years.

Parks and Recreation Director Todd Trimble recognized Anna Liiphart and Rich Thompson, Chair of the APPC and said they worked well together on coordinating the donation.

Rich Thompson, Chair of the APPC, thanked the family for their generosity and said it is a great addition to their collection.

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

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Attachment: City Council Minutes of December 6, 2022 (2979 : City Council Minutes) Orinda City Council Minutes Page 2 of 10 12.06.22
D.2. Certificate of Recognition - Vince Dell'Aquila - Orinda Community Foundation Citizen of the Year 2022
Mayor Fay read the Certificate of Recognition recognizing and congratulated Vince Dell’Aquila, Orinda Community Foundation Citizen of the Year 2022. He and Councilmembers thanked Mr. Dell’Aquila for his leadership over the decades in the community as Miramonte’s Athletic Director and service with the Orinda Community Foundation..

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

D.3. Certificate of Recognition - Kent and Teresa Long - Orinda Community Foundation Volunteer Award 2022
Mayor Fay read the Certificate of Recognition recognizing and congratulated Kent and Teresa Long as Orinda Community Foundation Volunteer Award 2022. He and Councilmembers thanked the Long’s for their work over the decades in the community and service with the Orinda Community Foundation and on the Moraga Adobe.

Teresa Long thanked the Council and the Orinda Community Foundation and said they have appreciated being able to help the community. She is on the Board of the Orinda Historical Society and they just reopened their museum on December 1st which has been remodeled, and spoke about their work on the Moraga Adobe.

Kent Long echoed thanks and said the Moraga Adobe project has gone on for over a dozen years, but they are finally in the home stretch.

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

D.4. Introduction of James Duff, New Outreach and Education Coordinator City Manager David Biggs introduced and welcomed James Duff, the City’s new Outreach and Education Coordinator and overview of his role, funding from Measure R, his experience with the City of Austin’s Fire Department as the Fire Adapted Communities Program Coordinator, and his beginning tasks on the Wildfire Prevention and Safety Fair in April, education and outreach activities, and promotion of prevention programs.

James Duff said he is excited to work with the City and thanked the Council, and Mayor Fay and Councilmembers welcomed Mr. Duff to the City.

D.5. Contra Costa Transportation Authority Presentation by Executive Director Tim Haile
Mayor Fay introduced Tim Haile, Executive Director with CCTA.

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Attachment: City Council Minutes of December 6, 2022 (2979 : City Council Minutes) Orinda City Council Minutes Page 3 of 10 12.06.22
Tim Haile, Executive Director, CCTA, gave a PowerPoint presentation and overview of CCTA activities, Measure J, future visioning, described ways to connect communities together, transportation fatalities, increased GHG concerns and climate change, adaptation from people working at home, results of survey taken regarding transportation, Vision Zero implementation, transit first approach and formation of an integrated transit plan, a roadmap moving towards zero emission vehicles, funding for regional service and express bus service countywide, clean corridors, implementation of their EV readiness blueprint, development of hydrogen fueling stations and depots.

He then described and displayed slides on accessible transportation, increase in paratransit services, routes of regional significance, development of local corridors, the need for funding for deployment of shared autonomous vehicles for public service in Bishop Ranch, Rossmoor, and the City of Martinez, micro-transit, the Innovate 680 Program progress, advanced technologies.

Vice Mayor Miller asked if Measure J is phasing out.

Mr. Haile said Measure J has two portions--programs and projects. Within the projects portion they delivered about 90% of all capital projects. So, much of the on-going funding after 2034 will be more about program funding, so CCTA will have to find another funding source to keep up with on-going demands and planning for capital projects, and the Board will be looking at how to diversify their revenue streams, doing more public/private partnerships, and working with MTC and others for regional funding.

Councilmember Gee asked and confirmed CCTA is looking at applying directly for federal funding. Earlier this year, there was a larger regional strategy for key projects, and he noted the Innovate 680 Program was the only nominated project for Mega-Large in the Investment Infrastructure Jobs Act where CCTA submitted a $395 million grant in September. He then described additional grant and future EV charging funding.

Mayor Fay referred to electric vehicles and said incentives for investing in transit has been reduced congestion and improved air quality. As vehicle fleets become more and more electric and much less polluting he questioned how this affects the incentive for investment in transit.

Mr. Haile referred to State requirements to convert transit fleets to zero emissions very soon, so each transit agencies had to develop plans to convert their fleets however, it is an unfunded mandate. The California Air Resources Board indicates that in order to meet GHG goals, California would have to convert its fleet to full electric and have a 22% reduction in VMT.

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Attachment: City Council Minutes of December 6, 2022 (2979 : City Council Minutes) Orinda City Council Minutes Page 4 of 10 12.06.22
Mayor Fay said based on statistics from MTC’s website, region-wide from 1980 to 2016, the percentage of work trips despite millions invested in transit was virtually unchanged.

The only thing that went down was carpooling which is counter to what agencies have spent money on. Therefore, he asked how Mr. Haile sees it being different in the next 36 years. What will cause people to ride transit versus carpooling or using their own automobiles.

Mr. Haile said it comes down to people having a better understanding of how the system works and bringing the car experience into transit for the same convenience. So, making sure there are personal mobility options will be important to change statistics.

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

Councilmembers thanked Mr. Haile for his presentation and progressive achievements with CCTA, and concluded the item.

E. PUBLIC FORUM – None.

F. CONSENT CALENDAR
Mayor Fay asked and confirmed there were no speakers or requests for removal of items.

F.1. City Council Minutes
Recommendation:

Approve City Council Minutes:

1. November 15, 2022 - Closed Session Meeting

2. November 15, 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 December 7, 2022 to January 6, 2023 Pursuant to the Provisions of Assembly Bill 361.

F.3. Approval of Third Amendment to the Memorandum of Understanding with Orinda School District for Scheduling and Maintenance of Sports Fields
MOTION by Councilmember Kosla and seconded by Councilmember Gee to approve Consent Calendar Items F.1.1, F.1.2, F.2 and F.3. Said motion carried by (5-0) roll call vote.

G. PUBLIC HEARING – None.

H. POLICY MATTERS
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Attachment: City Council Minutes of December 6, 2022 (2979 : City Council Minutes) Orinda City Council Minutes Page 5 of 10 12.06.22
H.1. Brookwood Road mitigation measures as a result of vegetation removal to meet current Fire Fuel reduction requirements.

Recommendation:

City Council to receive staff presentation of the various options being considered and provide direction to Staff.

City Engineer Sivakumar Natarajan gave a PowerPoint presentation regarding the Council direction given at the previous meeting, and staff prepared renderings for the Council’s consideration. He provided background regarding vegetation removal and design options such as installing guardrail, concrete area, chain link fencing with slats, artificial vegetation, etc. Staff consulted with a landscape architect and engineering team regarding options for a 15 foot gabion wall and landscaping. It was identified that trees would be impacted if the gabion wall were implemented. They then discussed options for fencing or landscaping or both.

Mr. Natarajan presented the various renderings of Option 1 which includes a combination of a standard 6 foot high redwood fence for half the limit and the rest included landscaping. The concept was shared with residents and they asked for the fence to be at least 12 feet which is included as Option 2. A third option was considered for a standard 6 foot redwood fence for the entire length. Another option was considered as well for a chain link fence which he also displayed as an alternative to the wood option. He also spoke with the Fire Marshal and was able to confirm placing a fence at this location is acceptable.

During preliminary discussions last year, staff met with Caltrans staff regarding the options and did not receive any positive support for the Caltrans site to fund such a project. As far as the question regarding Hwy 24 being a scenic corridor, staff found information on requirements for that. A policy was found in the General Plan that takes special consideration to maintain the integrity of Hwy 24 as it passes through Orinda.

Caltrans has also issued a scenic highway guidelines document which includes information about improvements along a scenic corridor, which allows or certain visual inclusions. What the City is looking at would likely qualify as a minor improvement but staff will consult with Caltrans prior to implementation.

Mr. Natarajan then displayed and described before and after photo conditions of the site from February 2021 and September of 2021, stating many of the trimmed bushes and trees are sprouting back up and is establishing themselves, and he described renderings showing the various options and costs to implement.

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Attachment: City Council Minutes of December 6, 2022 (2979 : City Council Minutes) Orinda City Council Minutes Page 6 of 10 12.06.22
Councilmember questions then focused on vegetation removal and regrowth that has taken place, types of species on site such as oaks, bays, and eucalyptus, installation of the 6-foot redwood fence to screen portions of vegetation that have been removed mostly on the easter end and/or are not growing back, reiteration that any new plants installed will be irrigated until established by the contractor, fire fuel requirements of limbing up 6 feet, consideration for a non-wooden fence which would last longer and be fire-resistant, confirmation that an arborist has not reviewed the health of the remaining trees but would opine if new trees are planted, high cost to install a new water service, and the rendering showing the south area where the fence could be moved closer to the road, depending upon utilities, which could provide more visual screening.

Mayor Fay opened the Public Forum.

Sarah Garrish, 28 Brookwood Road, said if the vegetation that was clear cut and is now growing back was not allowed this year, she asked how can neighbors be assured it will not be clear cut again, and asked how long it will take for the selected vegetation to be mature, asked if the City has researched the efficacy of sound mitigation of the options.

If the City puts proper vegetation and a fence along the full duration of the clear cut area that will have the most impact to make things safer. A fence will enable cutting of vegetation while not being again exposed.

Sean Garrish thanked the Council for taking the time to visit the neighborhood today, said he noticed the photos shown were different from his experience and they were more from the western side of Brookwood Road and asked to look at the eastern side. A 6-foot fence in the western side is much lower than Brookwood Road, would be ineffective except for preventing cars from going off the road, and he asked to either move it up closer to Brookwood or else have a taller fence in that area. He then relayed ineffective examples of chain link fences and said they prefer a visual sound barrier with landscaping alongside of it. Lastly, he asked to check the list of acceptable plants and asked for something that goes up to 12 feet, if possible.

Frances Valdez echoed comments of speakers, voiced concern that what is growing back now might be cut down in the future, would love a solution that includes landscaping and something more permanent.

Mayor Fay returned to the Council for deliberation.

Councilmember Kosla said he is in favor of a fence and re-vegetation option with an English Laurel, Pittosporum, or more of a hedge planting that will get 12 to 15 feet. He thinks some of the oaks are dying, was surprised about vegetation growing back thick and tall and supported finding out more information about whether the existing planting/trees can stay and selecting species that will grow when installing new plantings.

He also supported pulling the fence up to the street to provide a buffer of space so people can continue to walk along the paved area.

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Attachment: City Council Minutes of December 6, 2022 (2979 : City Council Minutes) Orinda City Council Minutes Page 7 of 10 12.06.22
Councilmember Worth echoed Councilmember Kosla’s comments, thinks the bushes that have growth robustly are Sugarbush and Coffee Berry which are not all scrub oak which shows the plants recommended for the site will growth. She noted MOFD concerns about dead vegetation around trees, thanked the Garrish’s for their help in working with the Council, voiced support of the 6-foot redwood fence, and identifying key areas to plant landscaping and those areas not needing landscaping.

Councilmember Gee agreed with Councilmembers Kosla and Gee, thinks the primary focus of a solution should be landscaping, agrees that they should take it on as something to be managed and maintained, does not want a situation where someone cuts it all out again, thinks the primary focus should be on landscaping, voiced support to add fencing in places where needed, but she was not sure what it would realistically provide. She would be open to no fencing if landscaping could be managed or open to some fencing if it was necessary as many plants there are acceptable.

Vice Mayor Miller cited Council consensus and echoed comments. While a 12-foot fence would look okay in the beginning, her concern is how it would age. Regarding sound, the fencing will not be a sound barrier solution and will not change what is heard in a significant way.

Mayor Fay said he was astounded at how nature has recovered, echoed comments of Councilmembers, hopes to return this area as much as possible to where it was before the fuels mitigation work was done, which was all vegetation. His experience is that wooden fences have little noise attenuation capability.

Councilmember consensus was to fill in planting gaps, look at landscape screening farther to the west, and to maintain vegetation around trees.

Mr. Biggs said staff would likely need to revise the plan and return to the Council in the future to reflect Council direction.

Mr. Natarajan confirmed the Council’s direction for staff to focus on using landscaping, but placing plantings strategically to fill in gaps, review and confirm plants are approved by MOFD, look for a larger gallon size plant, and then return to the Council with a cost estimate and revised plan.

H.2. Introduce Ordinance 23-01 to adopt by reference the 2022 editions of the California Building Code, California Residential Code, California Green Building Standards Code, California Energy Code, California Electrical Code, California Plumbing Code, California Mechanical Code, and Existing Building Code (“Building Codes”), with modifications to those codes to reflect local conditions, and review Resolution 23-01, adopting Contra Costa County’s Findings in F.1.a
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Support of Changes, Additions and Deletions to Statewide Building Standards Code and readopting the City’s findings regarding the need for modifications to the California Green Building Standards Code, which find that the modifications to the Building Codes are reasonably necessary because of local climatic, geological, and topographical conditions.

Recommendation:

Introduce Ordinance 23-01, which includes a determination that it is exempt from the California Environmental Quality Act (“CEQA”), waiving a full reading.

Planning Director Drummond Buckley gave the staff report and presentation regarding Council consideration to introduce Ordinance 23-01 to adopt various California codes which will be in effect for the next 3 years beginning in 2023.

Vice Mayor Miller asked and confirmed staff direction for the Council which is to introduce the ordinance. A resolution will return at second reading for Council consideration and adoption, as well.

Mayor Fay asked staff to explain to require what is required in the electrical part of the State ordinance. He asked and confirmed that the Building Code without any amendments will require new homes be stubbed all the way to where the appliances are for electrical. A gas stove is still allowed, but it must also be stubbed for electrical.

Mayor Fay said the Reach Code the County adopted goes the additional requirement of not being able to go to a gas hookup at all.

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

MOTION by Councilmember Worth and seconded by Councilmember Kosla to introduce Ordinance 23-01, which includes a determination that it is exempt from the California Environmental Quality Act (“CEQA”), waiving a full reading. Said motion carried by (5-0) roll call vote.

H.3. Discuss and Provide Direction Regarding Possibly Honoring Longtime Acclaimed Miramonte High School Teacher, Coach, and Mentor Otis (Odie) McCain.

Recommendation:

Review the Facilities Naming Policy and consider directing staff to proceed with honoring long-time acclaimed Miramonte High School teacher, coach, and mentor Otis (Odie) McCain.

Mr. Biggs introduced the matter, and Mayor Fay waived a staff report.

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

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Councilmember Kosla said this began three years ago when he and Councilmember Worth were holding subcommittee meetings with Wilder and people brought up that something would be named in Wilder after Odie McCain. He had always thought it would go procedurally the direction when Wilder was completing work. He spoke about Odie McCain and how much people loved him, and voiced support of doing something in his honor. His celebration of life is January 14, 2023 and apparently he was a Marine so it will be held in the Veterans Hall in Lafayette. So, he hoped the Council could do something hopefully before January 14th.

Councilmember Worth agreed that Odie McCain touched everyone in town, said his impact to the community was wide and far-reaching, and he was instrumental in starting the road runners. In thinking about this, because they are in flex with Wilder, she thought about doing a bench somewhere, but in thinking about the impact of young people, she suggested an option to name the middle field of Wilder Fields in his name.

Councilmember Gee said she is supportive of taking this action in whatever form and asked if there is any input from his family. Mr. Biggs stated staff has not made any contact with the family. Councilmember Kosla said he has not as well. He knows his wife and is not able to comment.

Vice Mayor Miller said she was also a student of Odie McCain and shares comments, voiced support for recognizing him, and spoke of his inspiration as a teacher. Trails seem more fitting to his cross country work, and it could be a field or bench, but was supportive of any idea that celebrates him.

Mayor Fay said he heard about him as his son’s biology teacher and he knew him as “Mr.

Roadkill.” He very much likes the playing field suggestion which will be more striking and people will see this more than on a trail.

Councilmember Kosla concurred with naming the middle field after him, given it is something he would love.

Mr. Biggs confirmed that staff will return to the Council with a formal action in January via a resolution with the naming policy, and he and Mr. Trimble will work on this. Mr. Trimble noted there is another natural grass Field 5 which is the Little League, but he recognized it is just below Field 4 at the Art and Garden Center.

Councilmember Worth cited not being concerned for costs for signage, said given Odie McCain’s support and love people have for him, she thinks the community could be asked to donate towards this in working with staff and the Council. Mr. Biggs said staff will identify costs when they bring the matter back and whether community members could donate, and Mayor Fay suggested a Go Fund Me page.

I. COUNCILMEMBERS’ REPORTS – Vice Mayor Miller reported the OA had its election for Officers and she reported on the roster of election results.

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Councilmember Worth thanked the Council and the City staff for the incredible recognition event on her behalf on Sunday. She especially thanked City Clerk Sheri Smith for putting together the program, the City Manager, Planning Director, and said she was so touched and overwhelmed.

Mayor Fay commended staff for going above and beyond for organizing the event and said he was surprised at the number of elected officials throughout the County.

He also reported that next Monday, December 12th will be a meeting of the City/MOFD 2x2 committee.

Vice Mayor Miller reported that the Tree Lighting was a wonderful event. The OAS Choir was very impressive, and the Gingerbread Contest sponsored by the Sister City Foundation and headed by Bobbi Landers was wonderful. Mayor Fay agreed and said Parks and Recreation staff made sure there were no snafu’s. He suggested that given other religious holidays, he suggested the event also recognize other religions, as well.

J. CITY MANAGER’S REPORT – City Manager Biggs thanked Parks and Recreation staff for their annual Tree Lighting event, said on December 13th there will be a special Council meeting where the current Council will certify the election results.

The three new Councilmembers will be sworn in and selection of Mayor and Vice Mayor will be chosen, and thereafter, a reception will be held in the courtyard in the Founder’s Auditorium in the Community Center to thank departing Councilmembers and welcome three new Councilmembers. The next Council meeting will not be until January 10th and City Hall will hold a holiday closure from December 23 to January 2, 2023.

K. MATTERS INITIATED – None.

L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 10:07 p.m. to the next Regular Meeting on Tuesday, December 13, 2022 at 6:00 p.m.
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Sheri Marie Smith, City Clerk
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Attachment: City Council Minutes of December 6, 2022 (2979 : City Council Minutes) Orinda City Council Minutes Page 1 of 7 12.13.22
December 13, 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=2267 They are also kept in the City Clerk’s Office as part of the public record and available upon request. 6:00 P.M. – SPECIAL MEETING– BY TELECONFERENCE
A. CALL TO ORDER / ROLL CALL:

Mayor Fay called the Regular Meeting to order at approximately 6:00 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 Worth.

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

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Mayor's Award of Excellence - Jud Hammon - For His Work in Organizing and Guiding the Supplemental Sales Tax Oversight Commission (SSTOC)
Mayor Fay recognized Jud Hammon for his work organizing and guiding the SSTOC and awarded him with the Mayor’s Award of Excellence.

Jud Hammon, SSTOC Chair, said he is flattered to be chosen for this award and spoke about his goal of finding ways to serve the City and the SSTOC, and recognized Commissioners, City staff, and Orinda property owners in their work to remove vegetation from their properties and vote for Measure R.

Councilmembers voiced thanks to and recognized Mr. Hammon for his service and commitment to the SSTOC and to the community.

Mayor Fay opened the Public Forum.

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Melanie Light thanked Mr. Hammon for his leadership, keeping the SSTOC focused and on track and thinks he is well deserving of the Mayor’s Award.

Councilmember Elect Latika Malkani echoed Ms. Light’s comments and recognized Mr.

Hammon for his work leading the SSTOC.

D.2. Mayor's Award of Excellence - Derek Zemrak and Michael Williams For The Live at the Orinda Theatre Cabaret Shows
Mayor Fay recognized Derek Zemrak and Michael Williams for the Live at the Orinda Theatre Cabaret shows as well as the California Independent Film Festival and awarded them the Mayor’s Award of Excellence.

Derek Zemrak said the theatre is passionate to him as well as others and said over the last 6 years it has added so much culture to the community and has provided more options for people to attend. He emphasized they have always provided diverse programming to the theatre. Starting next Thursday, they will have free movie nights again for the community.

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

Councilmembers recognized Derek Zemrak and Michael Williams for their work with Live at the Orinda Theatre Cabaret shows.

D.3. Mayor's Award of Excellence - Maggie Boscoe for Artify Orinda Mayor Fay recognized Maggie Boscoe for Artify Orinda, awarded her with the Mayor’s Award of Excellence, and said she made the City more beautiful by providing art on utility boxes throughout the City.

Maggie Boscoe thanked the Mayor for his award, said she began painting utility boxes in Orinda after seeing them in Lafayette and Walnut Creek. It has made a beautiful difference in town, and she thanked all artists who participated as well as Todd Trimble who got the art printed to put on the back of the Big Belly garbage and recycling cans.

Councilmembers thanked Ms. Boscoe for taking the initiative to provide art around town, thinks the art is very whimsical and makes people smile, and recognized Ms. Boscoe also as a curator of the Orinda Library Art Gallery.

Mayor Fay opened the Public Forum.

Dahlia said she is Ms. Boscoe’s 12 year old granddaughter and lives in Los Angeles, and she congratulated her on a great job.

Donald Boscoe said he is Maggie’s son and he congratulated her on her good work. He is calling from Pennsylvania.

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E. PUBLIC FORUM
Hillary Weiner, President of the Orinda School District Board of Trustees, introduced Vice President Cara Hoxie and Superintendent Aida Glimme, thanked Councilmembers for their service and their partnership with the School District. They look forward to working and partnering with new Councilmembers on school issues. On December 5th, their Board passed Resolution No. 23-14 honoring Councilmember/Mayor Amy Worth, and she and Vice President Hoxie read portions of it into the record.

Councilmember Worth thanked School District representatives and said it has been an honor to work together over the years.

Candace Andersen, Contra Costa County Supervisor, said she was able to recognize Councilmember Worth at the wonderful Open House. She has proclamations for Mayor Fay and Councilmember Kosla, as well, thanking them for their service for Orinda.

Kaylee Deland, Field Representative for Assemblymember Rebecca Bauer-Kahan, recognized Mayor Fay, Councilmember Kosla and Councilmember Worth for their service to the Orinda community on behalf of the people of the 16th Assembly District. She wished departing Councilmembers well and said they will forward Certificates of Recognition and thanked them for their service.

Juliet Don, Vice, President, Orinda Chamber of Commerce, thanked Mayor Fay and Councilmember Kosla for their service on the City Council and support for the Chamber and local businesses in the community. She had the opportunity to thank Councilmember Worth for her many years of service on the City Council and her support for the Chamber at her reception recently. She took the opportunity to welcome incoming Councilmembers Iverson, Malkani, and Riley, and the continued service of Vice Mayor Miller and Councilmember Gee. They also look forward to continued collaboration with City staff, especially City Manager Biggs.

F. CONSENT CALENDAR
Mayor Fay asked and confirmed there were no speakers or requests for removal of items.

F.1. 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 December 14, 2022 to January 13, 2023 Pursuant to the Provisions of Assembly Bill 361.

F.2. Canvass of Votes for November 8, 2022 General Municipal Election Recommendation:

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Staff recommends that the City Council adopt Resolution 57-22, Accepting Certificate of County Clerk as to the Results of the Canvass for City of Orinda November 8, 2022 General Election.

MOTION by Councilmember Worth and seconded by Councilmember Gee to approve Consent Calendar Items F.1 and F.2. Said motion carried by (5-0) roll call vote.

G. PUBLIC HEARING – None.

H. POLICY MATTERS
H.1. Acknowledge Service to the Orinda Community of Outgoing Mayor and Councilmember Dennis Fay
Vice Mayor Miller acknowledged the service to the Orinda community of outgoing Mayor and Councilmember Fay and opened the Public Forum.

Melanie Light, SSTOC member, thanked Mayor Fay for being very supportive to her and their wildfire cause over the last 2 years. He provided mentorship and is giving of his time which resulted in success of the SSTOC, and she wished him the best.

Jud Hammon, Chair, SSTOC, voiced appreciation of Councilmember Kosla, Mayor Fay, and Councilmember Worth for their dedication to the City and as they worked to develop the SSTOC. He wished all three the best in the future.

Vice President Cara Hoxie thanked Mayor Fay and Councilmember Kosla for working so closely with the School District in their 2x2 meetings and during the last few years struggling with the ramifications of COVID, and said it has been a great relationship.

Councilmembers then provided words of recognition to Mayor Fay for his service to the City Council and Orinda community and wished them well.

Vice Mayor Miller and Councilmembers then each read portions of a Proclamation into the record recognizing Mayor Fay’s service.

Mayor Fay thanked his colleagues for the kind words, said Orinda is a wonderful community with wonderful people and he felt privileged to be on the City Council over the last 4 years. He is looking forward to getting back to focusing on his family and travels in the coming year.

H.2. Acknowledge Service to the Orinda Community of Outgoing Councilmember Nick Kosla
Mayor Fay recognized the Proclamation for Councilmember Kosla from Supervisor Andersen, and he opened the Public Forum.

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Don Tatzin, Senator Glazer’s office, said the Senator sends his regrets about being unable to attend and combined his comments about Mayor Fay and Councilmember Kosla. He recognized Mayor Fay for his reputation for technical and process knowledge, common sense, and integrity. Councilmember Kosla brought important private sector skills to the public sector and Orinda is forever in his debt. He had the pleasure of serving alongside her for 20 years as a Councilmember of Lafayette, and she has the reputation far and wide as being one of the best of the best Councilmembers in California. Rarely does the Council lose this much talent in one night or gain as much talent the City will add in a few minutes and he thanked the Council for their support for Orinda and beyond.

Vice Mayor Miller presented a beautiful commemoration of Mayor Fay’s term as Mayor and a traditional engraved gavel which will be delivered, and Mayor Fay agreed to bring the proclamations and resolutions to the reception after the meeting.

Mayor Fay and Councilmembers recognized Councilmember Kosla for his diligence and integrity, his knowledge of the building and development industry which has been an incredible asset to the City, thanked him for his involvement with the Downtown Plan, his involvement on the original 2x2 committee, his leadership with downtown revitalization and the Housing Element, and voiced appreciation of his contributions and expertise.

Councilmember Kosla thanked all Councilmembers and said it has been a pleasure serving with such a great group of people. He thinks everyone has done a great job of giving and taking and agreeing and disagreeing with civility. He thanked City staff and especially recognized City Clerk Sheri Smith for being a true professional. He also thanked his mother, in-laws, his wife Larissa who has a big heart and sacrificed a lot of time for him, and his kids who are in a good school district and town. He feels good about the incoming City Council and congratulated them on their campaigns.

Mayor Fay and Councilmembers then individually read portions of the Proclamation into the record honoring Councilmember Kosla.

H.3. Administration of the Oath of Office to Newly Elected Councilmembers Latika Malkani, Brandyn Iverson, and Janet Riley
City Clerk Sheri Smith administered the Oath of Office to newly elected Councilmembers Latika Malkani, Brandyn Iverson, and Janet Riley.

H.4. Selection of Mayor for a Term Beginning December 2022 Vice Mayor Miller announced the annual reorganization of the City Council will now take place, and she declared the office of Mayor vacant, and called for the selection of Mayor for the year 2022/23 and nominations are open.

Councilmember Gee nominated Inga Miller for the Office of Mayor. There were no further nominations.

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

MOTION by Councilmember Malkani moved and seconded by Councilmember Iverson to close the nomination period. Said motion carried by unanimous (5-0) roll call vote.

MOTION by Councilmember Malkani moved and seconded by Councilmember Iverson to select Inga Miller as Mayor. Said motion carried by unanimous (5-0) roll call vote.

H.5. Selection of Vice Mayor for a Term Beginning December 2022 Mayor Miller declared the office of Vice Mayor vacant, and called for the selection of Vice Mayor for the year 2022/23 and nominations are open.

Councilmember Malkani nominated Darlene Gee for the Office of Vice Mayor. There were no further nominations.

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

MOTION by Councilmember Riley moved and seconded by Councilmember Iverson to close the nomination period. Said motion carried by unanimous (5-0) roll call vote.

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MOTION by Councilmember Riley moved and seconded by Councilmember Iverson to select Darlene Gee as Vice Mayor. Said motion carried by unanimous (5-0) roll call vote.

I. COUNCILMEMBERS’ REPORTS – Vice Mayor Gee reported last night she and former Mayor Fay and City Manager had their ongoing 2x2 Subcommittee with MOFD. They received an excellent presentation from the State Insurance Commissioner and helpful information regarding fire insurance and updates to the building and fire codes. They will reconvene once new assignments are made to meet and collaborate with regional agencies relating to fire mitigation efforts.

J. CITY MANAGER’S REPORT – City Manager Biggs thanked former Councilmembers Worth, Fay and Kosla for selecting him as City Manager and said he has enjoyed working with them. He looks forward working with the three new Councilmembers moving forward. He reminded everyone of their office closure for one week during the holidays. The Council adopted a ban on flavored tobacco products here and there was a challenge recently by the Tobacco companies to the statewide ban, which voters ratified at the November election, The Supreme Court upheld the ability to regulate those products and retailers will no longer have them on their shelves for sale.

K. MATTERS INITIATED – None.

L. ADJOURNMENT
The Special Meeting was adjourned at approximately 7:30 p.m. in memory of Stephen Arnon who was a public health professional and key in the creation of the Orinda Oaks Park to the next Regular Meeting on Tuesday, January 10, 2023 at 7:00 p.m. The Council then held an outdoor reception at the Orinda Community Center Founder’s Auditorium Courtyard at 26 Orinda Way immediately following this meeting. ______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Counci Minutes of December 13, 2022 (2979 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: January 10, 2023
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 since that time.

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 On October 17, 2022, Governor Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023. 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 December 7, 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. CCC Recommendations for Holding Safe Public Meetings - December 7, 2022 F.2
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Respectfully Submitted by:

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

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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 December 7, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are increasing. 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 12-7-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
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Attachment: CCC Recommendations for Holding Safe Public Meetings - December 7, 2022 (2978 : Ratify Continued Teleconference Resolution) City Council
Staff Report
Agenda Item: F.3
Date: January 10, 2023
Department: City Council
AGENDA TITLE: 2022 Annual Report of Development Impact Fee Funds Per AB1600 (Government Code Sections 66000 and Following)
RECOMMENDATION:

BACKGROUND:

The City of Orinda, like many other local agencies, levies fees (“development fees”) on new development within the City in order to fund public capital improvements necessitated by such development. The California Mitigation Fee Act, commonly known as AB1600 (Government Code Sections 66000 and following), imposes certain accounting and reporting requirements on local agencies that collect development fees.

The State Law establishes required elements to include in the annual report and requires that the information be included on an agenda at a public meeting.

DISCUSSION:

The Administrative Services Director has reviewed the fees enacted by the City of Orinda that qualify as Impact Fees under the provisions of the State Code. The following development fees were determined to be covered by the Mitigation Fee Act:
• Transportation Impact Fees
• Drainage Impact Fees
• Park Dedication Fees
In addition to this report, the financial activity associated with all development impact fee funds are treated as individual Special Revenue Funds and reported discretely as part of the Annual Comprehensive Financial Report and Audit.

The Mitigation Fee Act mandates that for accounting purposes, development fees must be segregated from the General Fund of the City and from other funds containing fees collected for other improvements. Interest on each development fee fund must be credited to that fund and used only for the purposes for which the fees were collected.

The Mitigation Fee Act also requires that, within 180 days after the close of the fiscal year, the City must make available to the public the following information regarding each of its development fee funds:

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• A brief description of the type of development fee.
• The amount of the development fee.
• The beginning and ending fund balance for the fiscal year. • The amount of development fees collected and interest earned. • An identification of each public improvement on which development fees were expended together with the amount of such expenditures, including the total percentage of the cost of the public improvement that was funded with fees. • Information regarding the schedule for commencement of certain public improvements to be funded with development fees.
• A description of any inter-fund transfers or loans made from the fund. • The amount of any refunds made.

High Level Summary of Impact Fee Fund Activities Fiscal Year 2021 - 2022 Details of activity for each of the fees are displayed in the Annual Report (Attachment A). The following is a high-level summary of the activity for the year including the beginning and ending balances:

ANNUAL REPORT OF DEVELOPER FEES BY CATEGORY (7/1/2021 - 6/30/2022) Funds Remaining Unexpended More Than 5 Years
One of the provisions in the State law regulating development fees is to regularly review funds collected and held for more than five years without being expended. The law requires the City Council to make certain findings in order to continue to hold fees collected and unexpended for more than five years. Based on the review of balances, all three Funds holds fees which have remained unexpended for more than five years.

As of June 30, 2022, the Transportation Impact Fee Fund balance is estimated at $946,271 and of this amount $334,564 was developer fees that continued to be held for more than five years. The Capital Improvement Plan adopted June 21, 2021, which covers proposed projects between 2023 and 2026 and identifies proposed projects which are depending on the use of Transportation Impact Fees.

In the current Fiscal Year (FY 2022-23) the CIP has three large projects (Miner Road Bridge Seismic Retrofit, Traffic Signal Operation Improvements, and Pedestrian Path F.3
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Moraga Way at El Camino Moraga to Altamount) which would expend a total of $1,072,000 in Transportation Impact Fees. This represents approximately 3 times the amount of unexpended Transportation Impact fees. Without this funding source the projects cannot be completed.

As of June 30, 2022, the Drainage Impact Fee Fund balance is estimated at $1,829,586 and of this amount $90,459 was developer fees that continued to be held for more than five years. The Capital Improvement Plan adopted June 21, 2021, which covers proposed projects between 2023 and 2026 and identifies proposed projects which are depending on the use of Drainage Impact Fees.

In the current Fiscal Year (FY 2022-23) the CIP has three large projects (Orchard Storm Drain Repair PL-409 & PL-513, Ivy Dr. Storm Drain Repair PD-958/959 & PL864, and Lavenida Culvert Repair) which would expend a total of $908,500 in Drainage Impact Fees. This represents approximately 10 times the amount of unexpended Drainage Impact fees. Without this funding source the projects cannot be completed.

As of June 30, 2022, the Park Dedication Fee Fund balance is $952,458 and of this amount $262,126 was developer fees that continued to be held for more than five years.

The proposed spending of Park Dedication Fees in the current adopted Capital Improvement Plan for Fiscal Year 2022-23 includes several projects totaling $661,700.

The Capital Improvement Plan Update adopted June 21, 2022, which covers proposed projects between 2023 and 2026, identifies proposed projects which are depending on the use of Park Dedication Fees. In the current Fiscal Year (FY 2022-23) the CIP has three large projects (Community Park Renovation Design; Community Center Roof Replacement and Community Center Exterior Painting) which would expend a total of $546,700 in Park Dedication Fees. This represents more than approximately 2 times the amount of unexpended Park Dedication fees. Without this funding source the projects cannot be completed.

Staff prepared a Resolution confirming the completion of a “Five Year Review” and including appropriate findings to retain this balance to be expended on planned projects (Attachment C).

Noticing Requirements
Government Code Section 66006(b)(2) requires the report to be included on the City Council meeting agenda at a public meeting not less than 15 days after the information was made available. Staff posted a Notice of Availability on December 8, 2022, indicating that the report was available. The Notice of Availability of the Report was posted in the established City notice posting locations. In addition, the Government Code Section requires that the notice of the meeting shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the local agency for mailed notice of the meeting. The City provided the notice to the Building Industry Association.

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NEXT STEPS:

The City Clerk is to retain this report in the official records of the City.

FISCAL IMPACT:

The adopted 2022-2026 Capital Improvement Plan (CIP) includes combined estimated expenditures in the three Impact Fee funds of approximately $4 million over the next four years (See Attachment B). The CIP is a short-range plan and actual appropriations are made as part of the Annual Budget for projects in the upcoming year. The Annual Update to the CIP to be presented in 2023 and will take into account updated balances.

ATTACHMENTS:

A. 2022 Orinda Annual Impact Fee Report (AB1600)
B. Impact Fee Projects Next 4 Years 2023-2026
C. Resolution 03-23 Mitigation Impact Fee Five Year Review and Findings Respectfully Submitted by:

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

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CITY OF ORINDA

ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
(Report Available to Public December 8, 2022 and
Included on City Council Public Meeting Agenda January 10, 2023)

Page 1 of 5 ends

A. DESCRIPTION OF THE CITY’S IMPACT FEES - Section 66006(b)(1)(A) CGC The City of Orinda has established the following Development Impact Fee Funds which are subject to annual reporting as part of the Mitigation Fee Act provisions in California Government Code (CGC) Section 66000 et seq.:
 Transportation Improvement Program Fee (Local Portion) as described in Chapter 3.20 of the Orinda Municipal Code.

This fund accounts for the Transportation Impact fee imposed on new development to help fund and pay for the construction of needed expansion or offsite capital improvements for roads, bikeways, sidewalks and traffic signals.  Drainage Impact Fees as described in Chapter 3.24 of the Orinda Municipal Code.

This fund accounts for the Drainage Impact fee imposed on new development to help pay for a drainage master plan and the construction of improvements recommended in the plan.
 Park Dedications and Improvement Fees as described in Chapter 3.28 of the Orinda Municipal Code.

This fund accounts for the Park Dedication fee imposed on development to provide funding for acquiring new parklands, building new recreational facilities, and rehabilitating or replacing existing parks and recreation facilities to enable those facilities to provide services to new residents and to offset the loss of private residential recreational and visual open space.

B. AMOUNTS CHARGED BY THE CITY FOR IMPACT FEES - Section 66006(b)(1)(B) CGC
The amounts charged for the impact fees noted above are dependent upon the type and size of a particular development and were based upon related studies, as adjusted over the years by the CPI. The City Council has adopted and imposed the subject fees and the rates applied as of June 30, 2022, are shown in the table on the following page.

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Attachment: 2022 Orinda Annual Impact Fee Report (AB1600) (2984 : 2022 Impact Fee Report AB 1600)

CITY OF ORINDA

ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
(Report Available to Public December 8, 2022 and
Included on City Council Public Meeting Agenda January 10, 2023)

Page 2 of 5 ends

AMOUNT OF INDIVIDUAL DEVELOPMENT FEES
(Resolution # 28-22 Effective June 21, 2022 – Drainage and Park Dedication Fee; Resolution # 50-21 Effective January 1, 2022 – Transportation Impact Fee) FEE CALCULATION METHOD $ AMOUNT
Transportation
(Local Portion)
Regional Portion is a
pass-through
administered by JPA.

Residential – Per Unit
Transit Oriented MF – Per
Unit
Non-Residential – Per Sq. Ft.

Other – Per Trip Generated
Single Family $4,236.04
Multi-Family / 2nd Unit $2,965.05
Multi-Family / Transit $1,571.68
Non-Residential $4.53 / sq. ft.

Other $466.21 per trip
Drainage Fee Impervious surface added by
new development
$1.50 per square foot in excess of
100 feet.

Park Dedication Fee Per Residential Unit Single Family (SF) Detached $19,098
SF Attached or Townhouse
$12,976
Multi-Family Duplex or
Condominium
$13,327 per unit

C. ACCOUNTING FOR IMPACT FEE REVENUE - Section 66006(b)(1)(C-D) CGC As provided for under State Law the City must account in each of the Impact Fee Funds for:

Beginning Balance; Fees Collected, Interest and other Revenue; Expenditures; and the Ending Balance. If there were any inter-fund loans or transfers those must also be disclosed. The City did not have any loans or inter-fund transfer transactions in the Fiscal Year ending June 30, 2022. The following table displays the accounting information required.

Fiscal Year 2021-2022 Impact Fee Beginning and Ending Balances (Including Revenue by type and Total Expenditures)
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Attachment: 2022 Orinda Annual Impact Fee Report (AB1600) (2984 : 2022 Impact Fee Report AB 1600)

CITY OF ORINDA

ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
(Report Available to Public December 8, 2022 and
Included on City Council Public Meeting Agenda January 10, 2023)

Page 3 of 5 ends

D. Fund Expenditures By Project - Section 66006(b)(1)(E) CGC The Mitigation Fee Act requires the City to disclose additional information related to the project expenditures from each of the Impact Fee Funds. Specifically, the report must identify:
 each public improvement on which fees were expended;
 the amount of the expenditures on each improvement; and  the total percentage of the cost of the public improvement that was funded with impact fees.

The tables below provide the additional detail for each of the funds.

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Attachment: 2022 Orinda Annual Impact Fee Report (AB1600) (2984 : 2022 Impact Fee Report AB 1600)

CITY OF ORINDA

ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
(Report Available to Public December 8, 2022 and
Included on City Council Public Meeting Agenda January 10, 2023)

Page 4 of 5 ends

E. IMPACT FEE LOANS / TRANSFERS AND REFUNDS Section 66006(b)(1)(G-H) CGC As provided for in Government Code Sections 66006(b)(1)(G and H) the City is also required to disclose:
 Any inter-fund transfers or loans made from the Impact Fee Fund. o Including how transferred or loaned fees were expended; and o If the transaction is a loan when it will be repaid and the rate of interest.

 Any refunds of fees granted.

There were no inter-fund transfers or loans involving the listed Impact Fees. Likewise, the City did not issue any refunds for the year ending June 30, 2022.

F. ANALYSIS OF FUNDS HELD FOR 5 OR MORE YEARS - Section 66001(d) CGC The Mitigation Fee Act also contains a separate requirement to evaluate every five years balances held and make certain additional disclosures. The purpose of the review is to identify monies that have been collected and held for a period of more than five years and to make appropriate disclosures.

The City of Orinda has analyzed the balance of monies held in each Impact Fee Fund, at the end of Fiscal Year 2021-22 (June 30, 2022) and compared it to the total Impact fees collected from July 1, 2017 through June 30, 2022 (5 Year Period). The fees collected were evaluated based strictly on “developer fees collected’ without considering interest or other non-impact fee revenue.

In the current Fiscal Year (FY 2022-23) the CIP has three large projects (Miner Road Bridge Seismic Retrofit, Traffic Signal Operation Improvements, and Pedestrian Path Moraga Way at El Camino Moraga to Altamount) which would expend a total of $1,072,000 in Transportation Impact Fees. This represents approximately 3 times the amount of unexpended Transportation Impact fees. Without this funding source the projects cannot be completed.

As of June 30, 2022, the Drainage Impact Fee Fund balance is estimated at $1,829,586 and of this amount $90,459 was developer fees that continued to be held for more than five years.

The Capital Improvement Plan adopted June 21, 2021, which covers proposed projects between 2023 and 2026 and identifies proposed projects which are depending on the use of Drainage Impact Fees.

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Attachment: 2022 Orinda Annual Impact Fee Report (AB1600) (2984 : 2022 Impact Fee Report AB 1600)

CITY OF ORINDA

ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
(Report Available to Public December 8, 2022 and
Included on City Council Public Meeting Agenda January 10, 2023)

Page 5 of 5 ends

As of June 30, 2022, the Park Dedication Fee Fund balance is estimated at $952,458 and of this amount $262,126 was developer fees that continued to be held for more than five years.

The Capital Improvement Plan adopted June 21, 2021, which covers proposed projects between 2023 and 2026 and identifies proposed projects which are depending on the use of Park Dedication Fees.

In the current Fiscal Year (FY 2022-23) the CIP has three large projects (Community Park Renovation Design, Community Center Roof Replacement, and Community Center Exterior Painting) which would expend a total of $546,700 in Park Dedication Fees. This represents approximately 2 times the amount of unexpended Park Dedication fees. Without this funding source the projects cannot be completed.

When this report is presented to the City Council at a public meeting, they will also be requested to adopt a resolution making findings regarding the continued retention of these funds to complete the planned projects. The action will also record that the five-year review was completed and the next action on a five-year review will be due with the Fiscal Year 2026-2027 Report.

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Attachment: 2022 Orinda Annual Impact Fee Report (AB1600) (2984 : 2022 Impact Fee Report AB 1600) PLANNED IMPACT FEE EXPENDITURES NEXT 4 YEARS
PER CITY OF ORINDA CIP 2022-2026
ADOPTED JUNE 21, 2022
2022-2023 2023-2024 2024-2025 2025-2026 CIP 4 YEAR
TOTAL
205 TRANSPORTATION IMPACT FEES
Miner Road Bridge Seismic Retrofit $ - 232,000 $ - $ - $ Bear Creek Bridge Seismic Retrofit - 18,000
Traffic Signal Operation Improvements 715,000 - -
Camino Pablo Pathway Rehabilitation - 30,000 -
Annual Bicycle, Trails, and Walkways
Program 17,500 17,500 17,500 22,500
Ped Path Moraga Wy El Camino Moraga To
Altamount - 125,000 - -
Crosswalk, Moraga Way at Valley View 20,000 - -
Total Traffic Impact Fees $1,127,500 $47,500 $17,500 $22,500 $1,215,000 210 DRAINAGE IMPACT FEES
Glorietta-Rheem SD Repair PL-492 $ - 25,000 $ - $
Orchard SD Repair PL-409 & PL-513 200,000 - -
Ivy Dr. SD Repair PD-958/959 & PL864 200,000 100,000 -
Storm Drain Plan & Inventory 15,000 15,000 15,000 15,000 Storm Drain Liner Ivy Dr (48 in) - 130,000 - -
Lavenida Culvert Repair - 508,500 -
Moraga Wy and Coral Storm Drain 100,000 573,900 - -
Total Drainage $1,178,500 $688,900 $15,000 $15,000 $1,897,400 240 PARK DEDICATION FEES
Community Center Window Replacement - $ 100,000 $ - $ - $ Community Center HVAC - 65,000 -
Community Center Exterior Painting - 120,000 - -
Community Center Accessibility
Improvements 15,000 15,000 15,000 15,000
Mini Park (Crossroads Park) - 50,000 - -
Community Park Renovation Plan &
Improvements - 275,000 - -
Community Center Roof Replacement 151,700 - - -
Community Center Vinyl Flooring
Replacement - 50,000 - -
Lighting retrofit (LED) – Wilder fields #1 &
#2 - - 73,300
Total Park Dedication $661,700 $180,000 $15,000 $88,300 $945,000 GRAND TOTAL PLANNED EXPENDITURES $4,057,400
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Attachment: Impact Fee Projects Next 4 Years 2023-2026 (2984 : 2022 Impact Fee Report AB 1600) Resolution No. 03-23

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

Mitigation Impact Fee (AB 1600) )
Five Year Review Of Unexpended )
Balances And Making Findings ) Resolution No. 03-23
Regarding Unexpended Mitigation )
Impact Fees Collected )
WHEREAS, the Mitigation Fee Act as adopted by the State Legislature and codified in California Government Code (CGC) section 66000 and following; and WHEREAS, the law establishes specific annual reporting requirements for impact fee funds collected and held during the year; and WHEREAS, in addition to the Annual Report CGC section 66001(d) also establishes a requirement for a “Five Year” Review of impact fee balances held and other information; and
WHEREAS, at a public meeting on January 10, 2023, the City Council received the Annual Report of Impact Fees pursuant to the Mitigation Fee Act for the period ending June 30, 2022; and
WHEREAS, the Annual Report included an analysis of the fees held over a five year period as described CGC section 66001(d); and
WHEREAS, the City, desires to formally record the completion of a “Five Year” Review as of June 30, 2022; and
WHEREAS, although the City will be regularly monitoring impact fee balances as part of its annual reporting, the next “Five Year” Review will need to be formally recorded as of June 30, 2027; and
WHEREAS, the current “Five Year” Review completed has determined that certain Transportation Impact Fees, Drainage Impact Fees, and Park Dedication Impact Fees have been held for a period of more than five years; and WHEREAS, the adoption of this Resolution includes certain findings made by action of the City Council to confirm the need to retain unexpended Transportation Impact Fees, Drainage Impact Fees, and Park Dedication Fees in order to complete projects with proposed expenditures in the next two Fiscal Years as identified in the Five Year Capital Improvement Plan adopted June 21, 2022.

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Attachment: Resolution 03-23 Mitigation Impact Fee Five Year Review and Findings (2984 : 2022 Impact Fee Report AB 1600) Resolution No. 03-23
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Orinda, State of California, as follows:
1) The foregoing recitals are true and correct.
2) As part of the Annual Report of Impact Fees for the Fiscal Year ending June 30, 2022 an analysis has been completed to determine whether any Transportation Impact Fees, Drainage Impact Fees, and Park Dedication Fees, have been collected and retained for more than five years. The report determined that a portion of the Transportation Impact Fees, Drainage Impact Fees, and Park Dedication Fee fund balances was attributable to fees collected and held for more than five years. The amount of the unexpended fees is $334,564, $90,459, and $262,126 respectively. 3) Transportation Impact Fees are imposed on new development to help fund construction of expansion of roads, bikeways, sidewalks, and traffic signals to enable those facilities to provide services to new residents. The City programs expenditures of these fees as part of the City Council Biennial Budget appropriation and also the adoption of the Capital Improvement Plan (CIP).
4) As shown below, selecting just three of the larger projects funded with Transportation Impact Fees in the current Mid-Cycle Budget Adjustment adopted June 21, 2022, the Budget for Fiscal Year 2022-23 identifies $1,072,000 in Transportation Impact Fee expenditures which is approximately 3 times the amount of funds held for more than 5 years as shown below:
5) Drainage Impact Fees are imposed on new development to help pay for the drainage master plan and improvements recommended in the plan to enable those facilities to provide services to new residents. The City programs expenditures of these fees as part of the City Council Biennial Budget appropriation and also the adoption of the Capital Improvement Plan (CIP).
6) As shown below, selecting just three of the larger projects funded with Drainage Impact Fees in the current Mid-Cycle Budget Adjustment adopted June 21, 2022, the Budget for Fiscal Year 2022-23 identifies $908,500 in Drainage Impact Fee expenditures which is approximately 10 times the amount of funds held for more than 5 years as shown on next page:

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Attachment: Resolution 03-23 Mitigation Impact Fee Five Year Review and Findings (2984 : 2022 Impact Fee Report AB 1600) Resolution No. 03-23
7) Park Dedication Impact fees are imposed on new development to provide funding for acquiring new parklands, building new recreational facilities, and rehabilitating or replacing existing parks and recreation facilities to enable those facilities to provide services to new residents and to offset the loss of private residential recreational and visual open space. The City programs expenditures of these fees as part of the City Council Biennial Budget appropriation and also the adoption of the Capital Improvement Plan (CIP).
8) As shown below, selecting just three of the larger projects funded with Park Dedication Fees in the current Mid-Cycle Budget Adjustment adopted June 21, 2022, the Budget for Fiscal Year 2022-23 identifies $546,700 in Park Impact Fee expenditures which is approximately more than 2 times the amount of funds held for more than 5 years as shown below:
9) The City Council makes the following findings related to Transportation Impact Fees, Drainage Impact Fees, and Park Dedication funds collected more than five years ago:
i) It is typical to require multiple years of revenue collection to fund large capital expenditures; and
ii) The City capital planning process phases the implementation over multiple years in order to match the availability of funds with the project readiness; and iii) Based on adopted expenditure plans for the projects identified in 4, 6 & 8 above, all funds held for more than five years are projected to be expended in Fiscal Year 2022-23.
iv) Without the ability to retain the unspent funds the completion of these projects would be jeopardized by insufficient funding.

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Attachment: Resolution 03-23 Mitigation Impact Fee Five Year Review and Findings (2984 : 2022 Impact Fee Report AB 1600) Resolution No. 03-23
Adopted by the City Council of the City of Orinda on January 10, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTEST:

Inga Miller, Mayor
Sheri M. Smith, City Clerk
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Attachment: Resolution 03-23 Mitigation Impact Fee Five Year Review and Findings (2984 : 2022 Impact Fee Report AB 1600) City Council
Staff Report
Agenda Item: F.4
Date: January 10, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Acceptance of 2021 Annual Pavement Rehabilitation Project RECOMMENDATION:

BACKGROUND: : On October 19, 2021, the City Council awarded a construction contract to DeSilva Gates Construction, LLP. of Dublin, California in the amount of $3,459,126 for performance of the 2021 Annual Pavement Rehabilitation Project No. 4155 and authorized a 15% contingency fund for a total construction budget of $3,977,850. 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 April 25, 2022, with all performance to be accomplished within 60 working days. The project was completed within the required number of working days and no liquidated damages were assessed to the Contractor upon substantial completion of the project.

DISCUSSION: The project was substantially complete in late October 2022. The final cost negotiation was completed in November 2022.

During the course of construction, nine (9) Contract Change Orders (CCOs) were incorporated into the project. The combination of these CCOs, including quantity adjustments to the bid items, resulted in reducing the contract amount by $ 214,897.

FISCAL IMPACT: The following is a summary of the project construction / improvement costs:

Authorized Value (contract award plus contingency)
Contract – (based on estimated quantities on unit priced bid items) $ 3,459,126 Contingency at Time of Award for Changes in Quantities / Scope 518,724 Total Authorized Amount $ 3,977,850
Actual Costs At Close-out
Contract – based on bid (estimated quantities) $ 3,459,126 Change Orders #1 - #9 (changes in scope & reflects actual quantities on unit priced bid items) (214,897)
Total Final Contract $ 3,244,229
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In connection with this project, the City of Orinda and East Bay Municipal Utility District (EBMUD) signed a Gate Valve Adjustment Agreement for which the City’s contractor replaced 22 gate valves on behalf of EBMUD. EBMUD inspected and approved the new gate valves and authorized $19,800 in reimbursement to the city.

In the interest of cost efficiency, Central Contra Costa Sanitary District (CCCSD) allowed the City’s contactor to adjust the Sanitary Sewer Structures throughout the City for the 2021 Annual Pavement Rehabilitation Project; CCCSD then reimbursed the City $24,000.

Total reimbursement is $43,800
The reduced contract amount, and the unused contingency, results in returning a total of $ 733,621 to the respective funding sources.

NEXT STEPS:

Upon City Council approval, the City Engineer or Public Works Director will sign the Notice of Completion and the City Clerk will record it with the Contra Costa County Clerk-Recorder’s Office. The Administrative Services Director is authorized to release $162,196.60 in withheld retention to DeSilva Gates Construction, LLP. thirty-five (35) days after recordation of the Notice of Completion, provided that no stop notices are outstanding.

ATTACHMENTS:

A. Resolution for Acceptane of 2021 Paving Project
B. NOC
Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Farah Khorashadi, Paving Program Project Manager Approved by:

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

Acceptance of Work for the 2021 Annual
Pavement Rehabilitation CIP No. 4155,
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. 02-23
)
)
)
)
)
)

WHEREAS, DeSilva Gates Construction LP, has completed the work in accordance with the construction contract documents for the 2021 Annual Pavement Rehabilitation CIP Project Numbers 4155; 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 DeSilva Gates Construction LP, 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 January 10, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Inga Miller, Mayor
ATTEST:

Sheri M. Smith, City Clerk
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Attachment: Resolution for Acceptane of 2021 Paving Project (2992 : Acceptance of 2021 Annual Pavement Rehabilitation Project) 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
2021 Annual Pavement Rehabilitation Project No. 4155
(Contractor: DeSilva Gates Construction LP.)
NOTICE IS HEREBY GIVEN by the undersigned, those certain improvements, to wit:
2021 Annual Pavement Rehabilitation Project No 4155, on various streets throughout Orinda.

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

Property Owner: Interest in Property or Right of Way is owned by City of Orinda (a municipal corporation, 22 Orinda Way, Orinda CA 94563) as right-of-way.

The contract which has heretofore been let to DeSilva Gates Construction LP, and which contract was filed for record in the City Clerk’s office in the City of Orinda, Contra Costa County, California, was completed in accordance with the plans and specifications, and the work was completed and accepted by the City of Orinda, on 1/10/2023 Information pertaining to the estimate of cost, names of bidders with prices bid, changes in adopted and approved plans and specifications, and the total cost of work is on file at the City Clerks’ office of the City of Orinda.

CITY OF ORINDA,
a municipal corporation
Date: ________________ By: ____________________________________ Scott Christie, PW Director
City of Orinda
22 Orinda Way
Orinda, CA 94563
I hereby certify, under penalty of perjury, that the above Notice of Completion was duly accepted by the City Council of the City of Orinda at a regular meeting thereof held on 1/10/2023. ______________________________
Sheri Smith, City Clerk
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Attachment: NOC (2992 : Acceptance of 2021 Annual Pavement Rehabilitation Project) City Council
Staff Report
Agenda Item: F.5
Date: January 10, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Approving Parcel Map and Subdivision Improvement Agreement for Subdivision MS 2022-002 Urban Lot Split at 15 St. James Ct.

RECOMMENDATION:

Staff recommends adoption of Resolution No. 55-22, approving Parcel Map for 15 St.

James Court (MS 2022-002 Urban Lot Split) and Subdivision Improvement Agreement with owners Gerry Bakalian and Deborah Mata-Bakalian, husband and wife.

BACKGROUND:

Under SB9 legislation which was effective January 1, 2022, the subject property owners submitted an application for a lot split. After determining the application was complete and reviewing submittals, the Planning Director approved the Tentative Parcel Map on June 23, 2022; no discretionary approvals are required under SB9.

DISCUSSION:

The owners have submitted the final Parcel Map (Attachment B) for MS 2022-002 with required signatures together with all supplementary documents and fees, to the Planning Department and the Public Works and Engineering Services Department for filing in accordance with the Subdivision Map Act, Title 16 of the City of Orinda Municipal Code (OMC), and the Conditions of Approval.

The Conditions of Approval require that the owners enter into a Subdivision Improvement Agreement (SIA) prior to approval of the Parcel Map, as required by OMC section 16.28.150. The SIA requires the owners to complete construction of the improvements associated with the project, estimated to cost $25,000, which consist of utility connections and driveway approach to the public street (St. James Ct.). There are no public improvements associated with this subdivision. The owners have submitted the SIA (Attachment C) and posted the required securities (improvement security bond in the amount of $25,000) in accordance with the Subdivision Map Act and OMC Title 16, which ensure that the City can complete the improvements or return the site to its undeveloped condition in the event of the owner’s breach of its obligations.

The City Attorney has approved the SIA as to form.

Public Works and Engineering Services Department has reviewed the Parcel Map and the Improvement Plans for the 15 St. James Court Minor Subdivision (MS 2022-002 Urban Lot Split) and found them to be in conformance with the Tentative Parcel Map and Conditions of Approval.

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Planning Department has determined that all applicable requirements, including the Conditions of Approval, have been satisfied for the 15 St. James Court Minor Subdivision (MS 2022-002 Urban Lot Split).

According to the Subdivision Map Act section 66458(a), and the provisions of Chapter 16 of the OMC, the City Council must approve the Parcel Map for 15 St. James Court Minor Subdivision (MS 2022-002 Urban Lot Split) if it substantially conforms to all of the requirements. Resolution No. 55-22 (Attachment A) formalizes the City Council’s action with related findings, including approving the Parcel Map.

NEXT STEPS:

The Parcel Map, and Subdivision Improvement Agreement will be fully executed by the city, subject to non-substantive corrections if so required by city attorney, and then processed for recordation with the County Clerk Recorder.

FISCAL IMPACT:

The owners of 15 St. James Court (MS 2022-002 Urban Lot Split) have paid required fees and reimbursed city for staff and consultant review costs, and subject to approval of Resolution 55-22 will provided surety (bonds or cash deposit) as specified in the Subdivision Improvement Agreement to guarantee construction of the required improvements, and will pay the cost of construction, inspection, and testing.

ATTACHMENTS:

A. Resolution 55-22 Approval Final Map 15 St James Ct
B. Parcel Map signed by onwer and surveyor 12-16-22
C. SIA signed by owners 12-16-22
Respectfully Submitted by:

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

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Resolution 55-22

Page 1 of 2 ends

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

Approving Parcel Map ) Resolution No. 55-22
and Subdivision Improvement )
Agreement for )
Subdivision MS 2022-002 )
Urban Lot Split )
at 15 St. James Ct., Orinda, CA )
WHEREAS, the request of Gerry Bakalian and Deborah Mata-Bakalian for a SB9 Urban Lot Split subdivision Tentative Map of property at 15 St. James Ct., Orinda California was approved with conditions by the Orinda Planning Director on June 23, 2022; and
WHEREAS, the applicant submitted the Final Map for Subdivision MS 2022-002 signed by all parties required to execute the certificates on the map (owner and surveyor), together with all supplementary documents and fees, to the Public Works Department for filing in accordance with the Subdivision Map Act and Title 16 of the Orinda Municipal Code and the tentative map conditions of approval; and WHEREAS, the Public Works Department has determined that the Parcel Map, all associated documents and fees are satisfactory in accordance with the Subdivision Map Act and Title 16 of the Orinda Municipal Code and the tentative map conditions of approval; and
WHEREAS, as one of the conditions of approval of the Tentative Map, a Subdivision Improvement Agreement is required; and
WHEREAS, the City Council of the City of Orinda finds that:

1. The Final Parcel Map for Subdivision MS 2022-002, together with all supplementary documents, is in accordance with the Subdivision Map Act and Title 16 of the Orinda Municipal Code and the tentative map conditions of approval, and is consistent with the City of Orinda General Plan;

2. The Subdivision Improvement Agreement executed by the subdivider is appropriate to ensure that the remaining improvements will be completed within the subdivision.

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Attachment: Resolution 55-22 Approval Final Map 15 St James Ct (2990 : 15 St James lot split) Resolution 55-22

Page 2 of 2 ends

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda approves the Parcel Map for Subdivision MS 2022-002 with all supplementary documents, approves the Subdivision Improvement Agreement and authorizes the City Manager to take all actions necessary to implement that agreement in consultation with the City Attorney, who shall review and approve the necessary escrow instructions.

Approved and adopted by the City Council of the City of Orinda at a regular meeting on January 10, 2023.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
_________________________________
Inga Miller, Mayor
ATTEST:
_________________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 55-22 Approval Final Map 15 St James Ct (2990 : 15 St James lot split) F.5.b
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Attachment: Parcel Map signed by onwer and surveyor 12-16-22 (2990 : 15 St James lot split) F.5.b
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Attachment: Parcel Map signed by onwer and surveyor 12-16-22 (2990 : 15 St James lot split)

RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:

City Clerk/Public Works Dept.

City of Orinda
22 Orinda Way
Orinda, CA 94563
(space above for Recorder’s use only)
This instrument is exempt from Recording Fees (Govt. Code Sec. 27383) and Documentary Transfer Tax (Revenue and Taxation Code & 11922).

SUBDIVISION IMPROVEMENT AGREEMENT
15 St James Court, MS-2022-002 Urban Lot Split
THIS AGREEMENT is made on , by and between Gerry Bakalian and Deborah Mata-Bakalian (together, “Subdivider”) and the City of Orinda, a municipal corporation (“City”).

RECITALS.

A. Subdivider is the owner of that certain real property located at 15 St James Court in the City of Orinda, County of Contra Costa, State of California, which consists of approximately 0.82 acres and designated as Assessor’s Parcel No. 266-130-001-8, and is more particularly described in Subdivision MS-2022-002 (the “Property”). The Property is more particularly described in Exhibit A, which is attached and incorporated herein by reference. The Property includes all lots and parcels within the Project, as defined below.

B. On March 29, 2022, Subdivider submitted an application for City approval of a Tentative Parcel Map (MS-2022-002 Urban Lot Split) for the division of a portion of the Property into two buildable lots. Consistent with the existing and proposed zoning and General Plan designation for the Property, and pursuant to Government Code 66411.7/SB 9 (2021), Subdivider intends to develop a total of two (2) single family residential units on the Property, or to a maximum allowed pursuant to Government Code 66411.7/SB 9 (2021), on either parcel.

C. On June 23. 2022, the City’s Planning Director approved the Tentative Parcel Map (MS-2022-002) for the Property, subject to the stated ministerial Conditions of Approval (“Conditions”). The Tentative Parcel Map designated, among other things, two residential parcels for single family residential units and a private sanitary sewer easement (the “Project”).

D. One of the Conditions of the Tentative Parcel Map approval required that “the applicant shall provide a subdivision improvement agreement (if applicable) and an engineer’s estimate and bond for the improvements.” Government Code section 66462(a) provides that when public improvements required by an approved tentative map have not been completed, the City may not approve and file the final map unless it requires the Subdivider to enter into an improvement agreement as a condition to final map approval. 1 F.5.c
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Attachment: SIA signed by owners 12-16-22 (2990 : 15 St James lot split) City Council
Staff Report
Agenda Item: H.1
Date: January 10, 2023
Department: City Council
AGENDA TITLE: Receive Annual Comprehensive Financial Report (ACFR) For June 30, 2022 Including Financial Statements and Audit Reports RECOMMENDATION:

An overview of the audit is being presented by the City’s Independent Auditor to the City Council under the “Items For The Good of The City” section of the City Council agenda for this meeting. The formal acceptance of the reports is through this item.

In December 2018 when the City Council updated its listing of Council-Member Subcommittees, the City Council Audit Committee was not formed. The importance of the City’s financial condition and opportunity for the full City Council to receive the Auditor presentation was considered to be of a high relevance and value.

Audit Background
An annual audit of the City’s financial records is completed by an independent auditor and the results are presented to the City Council. The report for Fiscal Year 2021-2022 represents the tenth consecutive year that the City has prepared the report in the format of an Annual Comprehensive Financial Report (ACFR), which goes above and beyond the minimum reporting required for audited financial statements. The ACFR format allows the City to apply for the Certificate Achievement for Excellence in Financial Reporting, awarded by the Government Finance Officers Association (GFOA). The City has received this recognition for the past seven years. A web-link to a pdf version of the ACFR document is noted as Attachment A (The ACFR is a 166 page Report).

The audit was performed by Maze Associates Accountancy Corporation (Maze), which has extensive experience auditing local government agencies. This is the eighth consecutive year that the audit was performed by Maze. In accordance with AB1345, which requires a change in audit partner after six years, David Alvey was the audit partner assigned to the engagement for the past two years. Katherine Yuen was the audit partner assigned to engagement for the first six years.

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The preparation of the financial statements remains the responsibility of City Staff. The Auditors review and test for presentation in accordance with audit standards as well as conducting testing to assess that there are not material misrepresentations or omissions and that they fairly represent the financial position of the City. An opinion letter from the Auditors is included in the ACFR on page 1.

The timeline for the completion and issuance of the ACFR is by December 31st following the close of the fiscal year. This is also a program deadline for the City participation in the GFOA Excellence in Financial Reporting Program. The City must also file the ACFR in accordance with disclosure agreements that were included in debt financing transactions. The deadline for submittal of debt financing disclosures is March 31st. The City will meet all the required legal deadlines. The report was issued with a date of December 19, 2022 and posted to the City website by December 31, 2022. Staff filed the necessary application with the GFOA Award Program based on the Final Report.

The Finance Advisory Committee is scheduled to review the ACFR at its next regular meeting on January 25, 2023.

DISCUSSION:

The City’s Fiscal Year begins on July 1st and ends on June 30th. The comprehensive report provides financial information for all funds. As shown on pages 1-3 of the ACFR (Attachment A - Weblink), for the fiscal year ending June 30, 2022, Maze and Associates has issued a “clean” opinion. This opinion states that based on their independent review and testing, the financial statements are fairly presented in all material respects, and the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Orinda.

This is the highest opinion an agency can receive.

To assist in interpreting the information contained in the Annual Comprehensive Financial Report (ACFR) it may be helpful to understand how the document is organized. The format is consistent with what is required by the GFOA recognition program and industry best practices. The following are key elements of the report:
a. Transmittal Letter (beginning pages i-vi): This serves as an introduction to the report and provides a general overview of economic and budgetary factors that impact the City. This includes long-term outlooks for the City finances. b. Independent Auditor Opinion (pages 1-3) issued by the Auditor in accordance with professional standards.
c. Management Discussion and Analysis (MD&A) (pages 5 – 16): provides an overview of the financial activities, with a focus on significant trends, as well as major changes associated with the City's major funds.
d. Financial Statements: (Pages 20-39 and 76-134) a significant portion of the ACFR is comprised of financial statements and schedules for the various funds used to account for the City’s revenue and expenditures. Pages 20-36 present a GovernmentWide Statement of Net Position which is similar to financial statements presented by H.1
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private corporations. The City is now serving as the Treasurer for the Orinda Geologic Hazard Abatement District (GHAD) and this is included as a Fiduciary/Custodial fund on pages 38-39. The GHAD is discussed in greater detail later in this report. Pages 76 – 134 provide additional supplementary information regarding individual governmental funds.

Notes related to the Financial Statements are provided on pages 41 – 73. These include mandatory and discretionary disclosures related to the financial statements. The Financial Section also includes substantial information related to Other Post Employment Benefit (OPEB) liabilities and their funding. For the City of Orinda the OPEB liability is the result of a very limited retiree medical benefit. In addition to Note 11 on pages 68-71, a required schedule showing the progress of funding the liability is included on pages 74-75.
e. Statistical Section (pages 135-163): the unaudited statistical section of the ACFR includes relevant historical information. Although this section appears at the back of the report, it does provide a reader with a helpful snapshot of a variety of indicators over time. The summarized information may also be easier to comprehend for a layperson, who is not accustomed to reading financial statements.

Financial Overview – Net Assets [Increase of $6.8 Million (7.1%)] A detailed accounting of the Net Position is presented on page 20 of the ACFR. The Table below is a summary and it is also included on page 6 of the Management Discussion and Analysis. A key assessment of the overall City’s financial position is to look at the change in net position from the previous year. The primary reasons for the change was an increase in capital assets as street improvement and other projects were completed and a decrease in liabilities due primarily to annual debt service payments reducing the amount owed.

Table 1: Summary of Net Position (June 30th 2021 vs. 2020) Governmental Activities
June 30, 2022 June 30, 2021 $ Change
%
Chang
e
Current and other assets $46,265,222 $38,074,053 $8,191,169 21.5% Capital assets 111,983,701 111,490,924 492,777 0.4%
Total Assets 158,248,923 149,564,977 8,683,946 5.8%
Deferred Outflow of Resources 78,606 56,703 21,903 38.6% (Related to OPEB - Note 12)
Current liabilities 10,041,947 6,130,611 3,911,336 63.8% Noncurrent liabilities 44,556,953 46,559,081 (2,002,128) -4.3% Total Liabilities 54,598,900 52,689,692 1,909,208 3.6%
Deferred Inflow of Resources 211,775 261,050 (49,275) -18.9% H.1
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(Related to OPEB - Note 12)
Net Position:

Invested in capital assets 65,924,720 63,759,559 2,165,161 3.4% Restricted for:

Capital projects 2,972,733 3,496,524 (523,791) -15.0%
Special purpose projects 12,816,101 11,278,372 1,537,729 13.6% Unrestricted 21,803,300 18,136,483 3,666,817 20.2%
Total Net Position $103,516,854 $96,670,938 $6,845,916 7.1% As of June 30, 2022 the assets net of liabilities (“Net Position”) of the City totaled $103.5 million. This was an increase from the previous year of approximately $6.8 million (7.1%). A detailed explanation is included on pages 6-7 of the ACFR. As previously mentioned, the presentation of the net position is similar to accounting used by private businesses.

While an increase in net position is positive, it is helpful to keep in mind there are unique aspects of a government agency when interpreting the Net Position, including the following items:
$65.9 million (63.7% of net assets) is in the category “invested in capital assets” (e.g., land, infrastructure, buildings, and equipment). These are not assets that are easily liquidated, and that value would not be available for future spending. $12.8 million (12.4% of net assets) are subject to restrictions on how they can be used, such as special State Gas Tax funds; bond proceeds; etc. $21.8 million (21.1% of net assets) are unrestricted.

Financial Overview Fund Balance – Governmental Funds [Total = $34.2 million] A review of Fund Balance in the governmental funds can also be a useful gauge of financial position. The previous section discussed Government-Wide Net Assets which included proprietary (Internal Service Funds). These are excluded from the more focused view of just governmental funds.

As defined by GFOA; “fund balance in any given fund is essentially what is left over after the fund’s assets have been used to meet its liabilities”. The total fund balance for all governmental funds is $34.2 million. The financial statements provide a summary of this information broken out between “Major Funds” and “All Other Governmental Funds.” Compared to the previous year the total Governmental Fund Balances increased by $4.2 million, with the most significant factor being Measure R revenue and the American Rescue Plan Act federal grant revenue.

For the City of Orinda, the seven Major Funds represent 70.8% of the governmental funds fund balance, and total $24.2 million. The individual funds that are presented as “Major Funds” are: General Fund (#100); City General Capital Projects Fund (#700); H.1
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Wilder Facilities Endowment (#340); CCTA (Funds #330, #331, #332); Road Maintenance Fund (#335); 2014 GO & 2016 GO Bond Debt Service (Funds #540, #541); and Affordable Housing (#390).
“Other Governmental Funds” (Non-Major Funds) [ Balance = $10.0 million] The “Other Governmental Funds” are shown as a consolidated number. (See Governmental Funds Balance Sheet (pages 23-25) and the Statement of Revenues, Expenditures and Changes, in Fund Balance (pages 28-31).

The consolidated amount reported as “All Other Governmental Funds” has a combined fund balance of almost $10.0 million and represents 29.2% of the combined total fund balance (Major Funds + Other Governmental Funds). This includes 24 separate funds including Special Revenue Funds, Debt Service Funds, and Capital Project funds.

Supplemental information on these funds is displayed as part of the ACFR on pages 93- 129.

General Fund (General Purpose) Income Statement
The ACFR also provides an opportunity to examine the performance of General Fund revenues and expenditures compared to the budget. The General Fund represents the most significant source of discretionary funding. The “General Purpose” General Fund excludes the “Add-On Sales Tax”. The City General Fund detailed comparison of budget to actual can be found on page 90 of the ACFR. For the year ending June 30, 2022, the “General Purpose” General Fund showed positive results with reported revenue of $15.2 million and $14.2 million in expenditures.

In terms of revenue, the Rent and Interest revenue had the largest variance being more than $835,000 under budget due primarily to the accounting requirement to report investments at market value even though the adopted investment policy focuses on holding investments until maturity. This negative variance is the result of the unrealized loss of $818,775 at the end of Fiscal Year 2021-22 due to the required market value adjustment. For more information regarding the reporting of investments, please see Note 3 of the ACR on pages 52-57. This was offset by Parks & Recreation fees which were approximately $489,000 above projections as well as Taxes exceeding projections by approximately $329,000. It should be noted that the total is a positive revenue variance of $1,519.

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Savings of $1.2 million were realized in terms of actual General Fund expenditures compared to the budget. The largest variance was for Police Services which were approximately $600,000 less than the budget. This resulted from vacant positions which were covered with overtime as well as other operating savings. Another significant factor was Public Works expenses were approximately $239,000 less than the amount budgeted. There were savings in most every General Fund department which also contributed to the overall positive results.

Fund Balance Detail – General Fund Emergency Reserve Target Achieved In the Notes section of the ACFR pages 64-66 is a discussion of the Fund Balance as well as information related to the City Council adopted Reserve Policy. To facilitate the discussion in this section of the staff report, the Table showing Fund Balances as of June 30, 2022, has been included as a separate attachment to this staff report (see Attachment B which presents that Table as an excerpt from the ACFR).

The categories for Fund Balance follow an established hierarchy which includes:

Nonspendable, Restricted, Committed, Assigned, and Unassigned. The City has met the General Fund target for year-end fund balance as of June 30, 2022. The following items are particularly worth noting:
• The City Council policy established a target goal of $800,000 for Road Stabilization Capital Projects. The City has exceeded the target since 2019 and as of June 30, 2022 the balance for future capital projects was $1,059,751. This is shown in the “Committed” category for Streets and Roads under the “Other Governmental Funds” column in the amount of $759,751 with the remaining $300,000 in the General Fund Road Maintenance Contingency. The $300,000 contingency was approved for transfer to the Road Stabilization Capital Project Fund in Fiscal Year 2022-23 as part of the Mid-Term Budget Adjustment process in June 2022. The Road Stabilization Capital Project Fund financial statement is presented separately on page 129.
• The Council policy has a target goal of $1 million for General and Long-Term Plans. In the General Fund as of June 30, 2022, the City has an assigned balance towards this goal of $449,141 and a contingency of $300,000 for a total of $749,141. The City is in the process of utilizing these funds, combined with grant funds, to undertake several long-term plans (Housing Element, Safety Element, Downtown Precise Plan) in a combined effort dubbed Plan Orinda. • The General Fund “Assigned” amount of $3,127,430 is the Measure L voter approved Add-On Sales Tax which is a General Fund revenue, assigned for Capital Outlay (Streets and Drains). The entirety of this amount is programmed in the Capital Improvement Plan to be spent within the next two years. • The General Fund “Assigned” amount of $3,347,113 is the Measure R voter approved Add-On Sales Tax which is a General Fund revenue, assigned for fire mitigation programs and Capital Outlay (Streets and Drains).

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• The General Fund $7.9 million contingency reserve, shown as “Unassigned” was calculated based on the adopted City Council policy to target 50% of General Fund budgeted expenditures as an emergency reserve.
• A separate unassigned $300,000 of the General Fund balance has been labeled as Fleet Replacement Contingency. This is in addition to amounts accounted for in the Fleet Replacement Internal Service Fund. The $300,000 contingency was approved for transfer to the Fleet Replacement Internal Service Fund in Fiscal Year 2022-23 as part of the Mid-Term Budget Adjustment process in June 2022.

Fleet Replacement Internal Service Fund financial statements are presented separately on pages 132-134 of the ACFR.
• There is an additional unassigned amount of $1,833,102 which is an amount that exceeds the current targets discussed in this section. The Finance Advisory Committee is charged with annually reviewing any excess amounts and making a recommendation to the City Council regarding the allocation. • A separate unassigned $80,000 of the General Fund balance has been labeled as OPEB Retiree Medical reserve. This is in addition to the amount placed into the Trust in 2020. The source of these funds were one-time revenue from retirement plans distributed to the City. The Finance Advisory Committee reviewed in November 2020 whether to recommend that the funds be added to the OPEB Trust and recommended that it be retained as a General Fund reserve. Because these funds are not in the OPEB Trust, they currently do not reduce the calculation of the OPEB liability that is recorded on the financial statements but remain available to do so when and if deemed appropriate.

The City Council has assigned as part of the regular duties of the Finance Advisory Committee to review after the Audit the designation of General Fund reserves (Resolution 77-18). The Finance Advisory Committee is scheduled to review the Audit at their meeting on January 25, 2022. A report on any recommendations will be forthcoming to the City Council.

Inclusion of Orinda Geologic Hazard Abatement District (GHAD) Funds In ACFR In fiscal year 2019-20 the Orinda Geologic Hazard Abatement District (GHAD) contracted with the City of Orinda to provide accounting/treasurer services for the GHAD. The GHAD is an agency established under California Public Resources Code 26570 which explicitly states “A district is a political subdivision of the state. A district is not an agency or instrumentality of a local agency.” The funds are to only benefit the District.

These funds are now publicly reported in the City ACFR as a fiduciary fund and they have been included as part of the funds audited. The Custodial Funds report resources, not in a trust that are held by the City for other parties outside of the City’s reporting entity. The GHAD Custodial Fund accounts for monies held for the GHAD. As shown on page 39 of the ACFR as of June 30, 2022 the GHAD had a fund balance of $2,637,265.

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The goal of the District is to build up reserves to be adequate to address on-going maintenance and repairs to facilities maintained by the GHAD.

Special Voter Approved Funding Reports
Certain voter approved taxes require that the City report annually regarding funds collected and expended as well as remaining balances. Schedules contained within the ACFR formally serve that purpose.
• Add-On Sales Tax Reporting
The Add-On Sales Tax is reported as part of the General Fund in the Government–wide financial statements. The ACFR includes a presentation of the combining of the General Fund with the City Measure L Fund (#105) and City Measure R Fund (#106) on ACFR pages 87-92 (Attachment A). During Fiscal Year 2021-2022 the revenue collected was approximately $132,000 and $3.7 million respectively, including interest and reimbursements from utility companies. Expenditures from these Funds were approximately $651,000 and $752,000 respectively. As of June 30, 2022, fund balances of approximately $3.1 million and $3.3 million respectively, were remaining. • General Obligation Bond Reporting
The City has issued 2014 General Obligation Bonds and 2016 General Obligation Bonds as approved by the voters. All authorized bonds have been issued. The 2014 GO Bond proceeds were previously expended as of June 30, 2019, and no fund balance remains to be reported.

As of June 30, 2021, the 2016 GO Bond proceeds have been fully expended and no fund balance currently remains to be reported. This fund was previously reported as a Major Fund.
• Library Parcel Tax Fund
Information related to the Library Parcel Tax Fund (#520) can be reviewed on pages 96 and 102. The total revenue collected was $526,236 including interest. Expenditures for the year were $419,788. The balance remaining as of June 30, 2022 in this fund is $408,751. The increase in the fund balance will be used to address critical capital projects to maintain the provision of library services and results from a successful parcel tax in 2018. A portion of the Library facility operations are paid for by the General Fund.

The General Fund Library operations costs are broken out in the schedule on page 89.

Report - Memorandum on Internal Control And Required Communications The auditor’s Memorandum on Internal Control and Required Communications (Attachment C) provides professional observations and recommendation by the Auditors on opportunities to strengthen internal control practices. The Auditors did not identify any deficiencies in internal control that we consider to be material weaknesses.

In addition to recommendations the Auditors also highlight various upcoming changes in Accounting Standards that will need to be accounted for in future reports. Staff will be reviewing with the Auditors the new items for the next fiscal year and their applicability H.1
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to the City of Orinda financial statements. This document also makes certain disclosures related to the Auditors work.

Report Gann Appropriations Limit Calculations
Included in the State law related to adoption of an annual appropriations limit, is a requirement for a review of the calculation. The Auditors were requested to review the calculation for the 2021-2022 Limit as adopted by the City Council in June 2021 (See Attachment D). The auditors conducted an agreed upon procedures review and confirmed the calculations.

Transportation Development Act Financial Statements (TDA) The City expended $68,301 in TDA funds administered by the Metropolitan Transportation Commission (MTC). The funding was used for the Camino Pablo Bicycle Route Corridor Improvement Project. Receipt of these grant funds results in the need for the Auditors to prepare a separate report that is filed with MTC (See Attachment E).

Staff has filed the report with MTC by the December 31, 2022, deadline.

NEXT STEPS:

The ACFR will be submitted as part of the Continuing Disclosure information required for outstanding debt issued.

FISCAL IMPACT:

Summarized information on the fiscal impact is addressed as part of this report. The full Annual Comprehensive Financial Report (ACFR) is available on the City website or a hard copy may be reviewed during business hours at City Offices located at 22 Orinda Way.

ATTACHMENTS:

A. CIty of Orinda FY2021-2022 Annual Comprehensive Financial Report B. Fund Balance Table
C. Memorandum on Internal Control
D. Transportation Development Act (TDA) Financial Statements E. Appropriations Limit (Gann) Report
Respectfully Submitted by:

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

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City of Orinda
Excerpt From Audited Financial Statements
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Attachment: Fund Balance Table (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

MEMORANDUM ON INTERNAL CONTROL
AND

REQUIRED COMMUNICATIONS
FOR THE YEAR ENDED JUNE 30, 2022
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CITY OF ORINDA

MEMORANDUM ON INTERNAL CONTROL
AND

REQUIRED COMMUNICATIONS
For The Year Ended June 30, 2022
Table of Contents
Page
Memorandum on Internal Control .................................................................................................. 1 Schedule of Other Matters ...................................................................................................... 3 Status of Prior Year Significant Deficiencies ....................................................................... 15 Required Communications ............................................................................................................. 17 Significant Audit Matters ............................................................................................................ 17 Qualitative Aspects of Accounting ...................................................................................... 17 Difficulties Encountered in Performing the Audit .............................................................. 20 Corrected and Uncorrected Misstatements .......................................................................... 20 Disagreements with Management ........................................................................................ 20 Management Representations ............................................................................................... 20 Management Consultations with Other Independent Accountants .................................... 21 Other Audit Findings or Issues ............................................................................................. 21 Other Matters .............................................................................................................................. 21 H.1.c
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MEMORANDUM ON INTERNAL CONTROL
To the City Council of
the City of Orinda, California
In planning and performing our audit of the basic financial statements of the City of Orinda as of and for the year ended June 30, 2022, in accordance with auditing standards generally accepted in the United States of America, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the City’s financial statements will not be prevented, or detected and corrected, on a timely basis.

Our consideration of internal control was for the limited purpose described in the first paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses. In addition, because of inherent limitations in internal control, including the possibility of management override of controls, misstatements due to error or fraud may occur and not be detected by such controls. Given these limitations during our audit, we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

Included in the Schedule of Other Matters are recommendations not meeting the above definitions that we believe are opportunities for strengthening internal controls and operating efficiency.

Government Auditing Standards require the auditor to perform limited procedures on the City’s response to the findings identified in our audit and described in the accompanying Status of Prior Year Significant Deficiencies. The City’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response.

This communication is intended solely for the information and use of management, City Council, others within the organization, and agencies and pass-through entities requiring compliance with Government Auditing Standards, and is not intended to be and should not be used by anyone other than these specified parties.

Pleasant Hill, California
December 19, 2022
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CITY OF ORINDA

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS

NEW GASB PRONOUNCEMENTS OR PRONOUNCEMENTS NOT YET EFFECTIVE The following comment represents new pronouncements taking affect in the next few years. We cite them here to keep you informed of developments:

EFFECTIVE FISCAL YEARS 2022, 2023 and 2024:

GASB 99 – Omnibus 2022
The objectives of this Statement are to enhance comparability in accounting and financial reporting and to improve the consistency of authoritative literature by addressing (1) practice issues that have been identified during implementation and application of certain GASB Statements and (2) accounting and financial reporting for financial guarantees. The practice issues addressed by this Statement are as follows:
 Classification and reporting of derivative instruments within the scope of Statement No. 53, Accounting and Financial Reporting for Derivative Instruments, that do not meet the definition of either an investment derivative instrument or a hedging derivative instrument  Clarification of provisions in Statement No. 87, Leases, as amended, related to the determination of the lease term, classification of a lease as a short term lease, recognition and measurement of a lease liability and a lease asset, and identification of lease incentives  Clarification of provisions in Statement No. 94, Public-Private and Public-Public Partnerships and Availability Payment Arrangements, related to (a) the determination of the public-private and public-public partnership (PPP) term and (b) recognition and measurement of installment payments and the transfer of the underlying PPP asset
 Clarification of provisions in Statement No. 96, Subscription-Based Information Technology Arrangements, related to the subscription-based information technology arrangement (SBITA) term, classification of a SBITA as a short term SBITA, and recognition and measurement of a subscription liability
 Extension of the period during which the London Interbank Offered Rate (LIBOR) is considered an appropriate benchmark interest rate for the qualitative evaluation of the effectiveness of an interest rate swap that hedges the interest rate risk of taxable debt  Accounting for the distribution of benefits as part of the Supplemental Nutrition Assistance Program (SNAP)
 Disclosures related to nonmonetary transactions
 Pledges of future revenues when resources are not received by the pledging government  Clarification of provisions in Statement No. 34, Basic Financial Statements—and Management’s Discussion and Analysis—for State and Local Governments, as amended, related to the focus of the government-wide financial statements
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Packet Pg. 106 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS
GASB 99 – Omnibus 2022 (Continued)
 Terminology updates related to certain provisions of Statement No. 63, Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position  Terminology used in Statement 53 to refer to resource flows statements.

The Requirements of this Statement are Effective as Follows:

The requirements in paragraphs 26–32 related to extension of the use of LIBOR, accounting for SNAP distributions, disclosures of nonmonetary transactions, pledges of future revenues by pledging governments, clarification of certain provisions in Statement 34, as amended, and terminology updates related to Statement 53 and Statement 63 are effective upon issuance.

The requirements in paragraphs 11–25 related to leases, PPPs, and SBITAs are effective for fiscal years beginning after June 15, 2022, and all reporting periods thereafter.

The requirements in paragraphs 4–10 related to financial guarantees and the classification and reporting of derivative instruments within the scope of Statement 53 are effective for fiscal years beginning after June 15, 2023, and all reporting periods thereafter.

Earlier application is encouraged and is permitted by individual topic.

How the Changes in This Statement Will Improve Financial Reporting The requirements of this Statement will enhance comparability in the application of accounting and financial reporting requirements and will improve the consistency of authoritative literature. Consistent authoritative literature enables governments and other stakeholders to more easily locate and apply the correct accounting and financial reporting provisions, which improves the consistency with which such provisions are applied. The comparability of financial statements also will improve as a result of this Statement. Better consistency and comparability improve the usefulness of information for users of state and local government financial statements.
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Packet Pg. 107 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS
EFFECTIVE FISCAL YEAR 2022/23:

GASB 91 – Conduit Debt Obligations
The primary objectives of this Statement are to provide a single method of reporting conduit debt obligations by issuers and eliminate diversity in practice associated with (1) commitments extended by issuers, (2) arrangements associated with conduit debt obligations, and (3) related note disclosures. This Statement achieves those objectives by clarifying the existing definition of a conduit debt obligation; establishing that a conduit debt obligation is not a liability of the issuer; establishing standards for accounting and financial reporting of additional commitments and voluntary commitments extended by issuers and arrangements associated with conduit debt obligations; and improving required note disclosures.

A conduit debt obligation is defined as a debt instrument having all of the following characteristics:
 There are at least three parties involved:
(1) an issuer
(2) a third-party obligor, and
(3) a debt holder or a debt trustee.
 The issuer and the third-party obligor are not within the same financial reporting entity.  The debt obligation is not a parity bond of the issuer, nor is it cross-collateralized with other debt of the issuer.
 The third-party obligor or its agent, not the issuer, ultimately receives the proceeds from the debt issuance.
 The third-party obligor, not the issuer, is primarily obligated for the payment of all amounts associated with the debt obligation (debt service payments).

All conduit debt obligations involve the issuer making a limited commitment. Some issuers extend additional commitments or voluntary commitments to support debt service in the event the third party is, or will be, unable to do so.

An issuer should not recognize a conduit debt obligation as a liability. However, an issuer should recognize a liability associated with an additional commitment or a voluntary commitment to support debt service if certain recognition criteria are met. As long as a conduit debt obligation is outstanding, an issuer that has made an additional commitment should evaluate at least annually whether those criteria are met. An issuer that has made only a limited commitment should evaluate whether those criteria are met when an event occurs that causes the issuer to reevaluate its willingness or ability to support the obligor’s debt service through a voluntary commitment.
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Packet Pg. 108 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS
GASB 91 – Conduit Debt Obligations (Continued)
This Statement also addresses arrangements—often characterized as leases—that are associated with conduit debt obligations. In those arrangements, capital assets are constructed or acquired with the proceeds of a conduit debt obligation and used by third-party obligors in the course of their activities.

Payments from third-party obligors are intended to cover and coincide with debt service payments.

During those arrangements, issuers retain the titles to the capital assets. Those titles may or may not pass to the obligors at the end of the arrangements.

Issuers should not report those arrangements as leases, nor should they recognize a liability for the related conduit debt obligations or a receivable for the payments related to those arrangements. In addition, the following provisions apply:
 If the title passes to the third-party obligor at the end of the arrangement, an issuer should not recognize a capital asset.
 If the title does not pass to the third-party obligor and the third party has exclusive use of the entire capital asset during the arrangement, the issuer should not recognize a capital asset until the arrangement ends.
 If the title does not pass to the third-party obligor and the third party has exclusive use of only portions of the capital asset during the arrangement, the issuer, at the inception of the arrangement, should recognize the entire capital asset and a deferred inflow of resources. The deferred inflow of resources should be reduced, and an inflow recognized, in a systematic and rational manner over the term of the arrangement.

This Statement requires issuers to disclose general information about their conduit debt obligations, organized by type of commitment, including the aggregate outstanding principal amount of the issuers’ conduit debt obligations and a description of each type of commitment. Issuers that recognize liabilities related to supporting the debt service of conduit debt obligations also should disclose information about the amount recognized and how the liabilities changed during the reporting period.

How the Changes in this Statement will Improve Financial Reporting The requirements of this Statement will improve financial reporting by eliminating the existing option for issuers to report conduit debt obligations as their own liabilities, thereby ending significant diversity in practice. The clarified definition will resolve stakeholders’ uncertainty as to whether a given financing is, in fact, a conduit debt obligation. Requiring issuers to recognize liabilities associated with additional commitments extended by issuers and to recognize assets and deferred inflows of resources related to certain arrangements associated with conduit debt obligations also will eliminate diversity, thereby improving comparability in reporting by issuers. Revised disclosure requirements will provide financial statement users with better information regarding the commitments issuers extend and the likelihood that they will fulfill those commitments. That information will inform users of the potential impact of such commitments on the financial resources of issuers and help users assess issuers’ roles in conduit debt obligations.
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Packet Pg. 109 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS
GASB 94 – Public-Private and Public-Public Partnerships and Availability Payment Arrangements The primary objective of this Statement is to improve financial reporting by addressing issues related to public-private and public-public partnership arrangements (PPPs). As used in this Statement, a PPP is an arrangement in which a government (the transferor) contracts with an operator (a governmental or nongovernmental entity) to provide public services by conveying control of the right to operate or use a nonfinancial asset, such as infrastructure or other capital asset (the underlying PPP asset), for a period of time in an exchange or exchange-like transaction. Some PPPs meet the definition of a service concession arrangement (SCA), which the Board defines in this Statement as a PPP in which (1) the operator collects and is compensated by fees from third parties; (2) the transferor determines or has the ability to modify or approve which services the operator is required to provide, to whom the operator is required to provide the services, and the prices or rates that can be charged for the services; and (3) the transferor is entitled to significant residual interest in the service utility of the underlying PPP asset at the end of the arrangement.

This Statement also provides guidance for accounting and financial reporting for availability payment arrangements (APAs). As defined in this Statement, an APA is an arrangement in which a government compensates an operator for services that may include designing, constructing, financing, maintaining, or operating an underlying nonfinancial asset for a period of time in an exchange or exchange-like transaction.

PPPs – This Statement requires that PPPs that meet the definition of a lease apply the guidance in Statement No. 87, Leases, as amended, if existing assets of the transferor that are not required to be improved by the operator as part of the PPP arrangement are the only underlying PPP assets and the PPP does not meet the definition of an SCA. This Statement provides accounting and financial reporting requirements for all other PPPs: those that either (1) meet the definition of an SCA or (2) are not within the scope of Statement 87, as amended (as clarified by this Statement). The PPP term is defined as the period during which an operator has a noncancelable right to use an underlying PPP asset, plus, if applicable, certain periods if it is reasonably certain, based on all relevant factors, that the transferor or the operator either will exercise an option to extend the PPP or will not exercise an option to terminate the PPP.

A transferor generally should recognize an underlying PPP asset as an asset in financial statements prepared using the economic resources measurement focus. However, in the case of an underlying PPP asset that is not owned by the transferor or is not the underlying asset of an SCA, a transferor should recognize a receivable measured based on the operator’s estimated carrying value of the underlying PPP asset as of the expected date of the transfer in ownership. In addition, a transferor should recognize a receivable for installment payments, if any, to be received from the operator in relation to the PPP.

Measurement of a receivable for installment payments should be at the present value of the payments expected to be received during the PPP term. A transferor also should recognize a deferred inflow of resources for the consideration received or to be received by the transferor as part of the PPP. Revenue should be recognized by a transferor in a systematic and rational manner over the PPP term.

This Statement requires a transferor to recognize a receivable for installment payments and a deferred inflow of resources to account for a PPP in financial statements prepared using the current financial resources measurement focus. Governmental fund revenue would be recognized in a systematic and rational manner over the PPP term.
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Packet Pg. 110 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS
GASB 94 – Public-Private and Public-Public Partnerships and Availability Payment Arrangements (Continued)
This Statement also provides specific guidance in financial statements prepared using the economic resources measurement focus for a government that is an operator in a PPP that either (1) meets the definition of an SCA or (2) is not within the scope of Statement 87, as amended (as clarified in this Statement). An operator should report an intangible right-to-use asset related to an underlying PPP asset that either is owned by the transferor or is the underlying asset of an SCA. Measurement of the right-touse asset should be the amount of consideration to be provided to the transferor, plus any payments made to the transferor at or before the commencement of the PPP term, and certain direct costs. For an underlying PPP asset that is not owned by the transferor and is not the underlying asset of an SCA, an operator should recognize a liability measured based on the estimated carrying value of the underlying PPP asset as of the expected date of the transfer in ownership. In addition, an operator should recognize a liability for installment payments, if any, to be made to the transferor in relation to the PPP. Measurement of a liability for installment payments should be at the present value of the payments expected to be made during the PPP term. An operator also should recognize a deferred outflow of resources for the consideration provided or to be provided to the transferor as part of the PPP. Expense should be recognized by an operator in a systematic and rational manner over the PPP term.

This Statement also requires a government to account for PPP and non-PPP components of a PPP as separate contracts. If a PPP involves multiple underlying assets, a transferor and an operator in certain cases should account for each underlying PPP asset as a separate PPP. To allocate the contract price to different components, a transferor and an operator should use contract prices for individual components as long as they do not appear to be unreasonable based on professional judgment or use professional judgment to determine their best estimate if there are no stated prices or if stated prices appear to be unreasonable. If determining the best estimate is not practicable, multiple components in a PPP should be accounted for as a single PPP.

This Statement also requires an amendment to a PPP to be considered a PPP modification, unless the operator’s right to use the underlying PPP asset decreases, in which case it should be considered a partial or full PPP termination. A PPP termination should be accounted for by a transferor by reducing, as applicable, any receivable for installment payments or any receivable related to the transfer of ownership of the underlying PPP asset and by reducing the related deferred inflow of resources. An operator should account for a termination by reducing the carrying value of the right-to-use asset and, as applicable, any liability for installment payments or liability to transfer ownership of the underlying PPP asset. A PPP modification that does not qualify as a separate PPP should be accounted for by remeasuring PPP assets and liabilities.

APAs – An APA that is related to designing, constructing, and financing a nonfinancial asset in which ownership of the asset transfers by the end of the contract should be accounted for by a government as a financed purchase of the underlying nonfinancial asset. This Statement requires a government that engaged in an APA that contains multiple components to recognize each component as a separate arrangement. An APA that is related to operating or maintaining a nonfinancial asset should be reported by a government as an outflow of resources in the period to which payments relate. 8 H.1.c
Packet Pg. 111 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS
GASB 96 – Subscription-Based Information Technology Arrangements This Statement provides guidance on the accounting and financial reporting for subscription-based information technology arrangements (SBITAs) for government end users (governments). This Statement (1) defines a SBITA; (2) establishes that a SBITA results in a right-to-use subscription asset—an intangible asset—and a corresponding subscription liability; (3) provides the capitalization criteria for outlays other than subscription payments, including implementation costs of a SBITA; and (4) requires note disclosures regarding a SBITA. To the extent relevant, the standards for SBITAs are based on the standards established in Statement No. 87, Leases, as amended.

A SBITA is defined as a contract that conveys control of the right to use another party’s (a SBITA vendor’s) information technology (IT) software, alone or in combination with tangible capital assets (the underlying IT assets), as specified in the contract for a period of time in an exchange or exchange-like transaction.

The subscription term includes the period during which a government has a noncancelable right to use the underlying IT assets. The subscription term also includes periods covered by an option to extend (if it is reasonably certain that the government or SBITA vendor will exercise that option) or to terminate (if it is reasonably certain that the government or SBITA vendor will not exercise that option).

Under this Statement, a government generally should recognize a right-to-use subscription asset—an intangible asset—and a corresponding subscription liability. A government should recognize the subscription liability at the commencement of the subscription term, —which is when the subscription asset is placed into service. The subscription liability should be initially measured at the present value of subscription payments expected to be made during the subscription term. Future subscription payments should be discounted using the interest rate the SBITA vendor charges the government, which may be implicit, or the government’s incremental borrowing rate if the interest rate is not readily determinable. A government should recognize amortization of the discount on the subscription liability as an outflow of resources (for example, interest expense) in subsequent financial reporting periods.

The subscription asset should be initially measured as the sum of (1) the initial subscription liability amount, (2) payments made to the SBITA vendor before commencement of the subscription term, and (3) capitalizable implementation costs, less any incentives received from the SBITA vendor at or before the commencement of the subscription term. A government should recognize amortization of the subscription asset as an outflow of resources over the subscription term.

Activities associated with a SBITA, other than making subscription payments, should be grouped into the following three stages, and their costs should be accounted for accordingly:
 Preliminary Project Stage, including activities such as evaluating alternatives, determining needed technology, and selecting a SBITA vendor. Outlays in this stage should be expensed as incurred.  Initial Implementation Stage, including all ancillary charges necessary to place the subscription asset into service. Outlays in this stage generally should be capitalized as an addition to the subscription asset.
 Operation and Additional Implementation Stage, including activities such as subsequent implementation activities, maintenance, and other activities for a government’s ongoing operations related to a SBITA. Outlays in this stage should be expensed as incurred unless they meet specific capitalization criteria.
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Packet Pg. 112 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS
GASB 96 – Subscription-Based Information Technology Arrangements (Continued) In classifying certain outlays into the appropriate stage, the nature of the activity should be the determining factor. Training costs should be expensed as incurred, regardless of the stage in which they are incurred.

If a SBITA contract contains multiple components, a government should account for each component as a separate SBITA or nonsubscription component and allocate the contract price to the different components. If it is not practicable to determine a best estimate for price allocation for some or all components in the contract, a government should account for those components as a single SBITA.

This Statement provides an exception for short-term SBITAs. Short-term SBITAs have a maximum possible term under the SBITA contract of 12 months (or less), including any options to extend, regardless of their probability of being exercised. Subscription payments for short-term SBITAs should be recognized as outflows of resources.

This Statement requires a government to disclose descriptive information about its SBITAs other than short-term SBITAs, such as the amount of the subscription asset, accumulated amortization, other payments not included in the measurement of a subscription liability, principal and interest requirements for the subscription liability, and other essential information.

How the Changes in this Statement will Improve Financial Reporting The requirements of this Statement will improve financial reporting by establishing a definition for SBITAs and providing uniform guidance for accounting and financial reporting for transactions that meet that definition. That definition and uniform guidance will result in greater consistency in practice.

Establishing the capitalization criteria for implementation costs also will reduce diversity and improve comparability in financial reporting by governments. This Statement also will enhance the relevance and reliability of a government’s financial statements by requiring a government to report a subscription asset and subscription liability for a SBITA and to disclose essential information about the arrangement. The disclosures will allow users to understand the scale and important aspects of a government’s SBITA activities and evaluate a government’s obligations and assets resulting from SBITAs. 10 H.1.c
Packet Pg. 113 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS
EFFECTIVE FISCAL YEAR 2023/24:

GASB 100 – Accounting for Changes and Error Corrections The primary objective of this Statement is to enhance accounting and financial reporting requirements for accounting changes and error corrections to provide more understandable, reliable, relevant, consistent, and comparable information for making decisions or assessing accountability This Statement defines accounting changes as changes in accounting principles, changes in accounting estimates, and changes to or within the financial reporting entity and describes the transactions or other events that constitute those changes. As part of those descriptions, for (1) certain changes in accounting principles and (2) certain changes in accounting estimates that result from a change in measurement methodology, a new principle or methodology should be justified on the basis that it is preferable to the principle or methodology used before the change. That preferability should be based on the qualitative characteristics of financial reporting—understandability, reliability, relevance, timeliness, consistency, and comparability. This Statement also addresses corrections of errors in previously issued financial statements.

This Statement prescribes the accounting and financial reporting for (1) each type of accounting change and (2) error corrections. This Statement requires that (a) changes in accounting principles and error corrections be reported retroactively by restating prior periods, (b) changes to or within the financial reporting entity be reported by adjusting beginning balances of the current period, and (c) changes in accounting estimates be reported prospectively by recognizing the change in the current period. The requirements of this Statement for changes in accounting principles apply to the implementation of a new pronouncement in absence of specific transition provisions in the new pronouncement. This Statement also requires that the aggregate amount of adjustments to and restatements of beginning net position, fund balance, or fund net position, as applicable, be displayed by reporting unit in the financial statements.

This Statement requires disclosure in notes to financial statements of descriptive information about accounting changes and error corrections, such as their nature. In addition, information about the quantitative effects on beginning balances of each accounting change and error correction should be disclosed by reporting unit in a tabular format to reconcile beginning balances as previously reported to beginning balances as restated.

Furthermore, this Statement addresses how information that is affected by a change in accounting principle or error correction should be presented in required supplementary information (RSI) and supplementary information (SI). For periods that are earlier than those included in the basic financial statements, information presented in RSI or SI should be restated for error corrections, if practicable, but not for changes in accounting principles.
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Packet Pg. 114 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS
EFFECTIVE FISCAL YEAR 2024/25:

GASB 101 – Compensated Absences
The objective of this Statement is to better meet the information needs of financial statement users by updating the recognition and measurement guidance for compensated absences. That objective is achieved by aligning the recognition and measurement guidance under a unified model and by amending certain previously required disclosures.

Recognition And Measurement
This Statement requires that liabilities for compensated absences be recognized for (1) leave that has not been used and (2) leave that has been used but not yet paid in cash or settled through noncash means. A liability should be recognized for leave that has not been used if (a) the leave is attributable to services already rendered, (b) the leave accumulates, and (c) the leave is more likely than not to be used for time off or otherwise paid in cash or settled through noncash means. Leave is attributable to services already rendered when an employee has performed the services required to earn the leave. Leave that accumulates is carried forward from the reporting period in which it is earned to a future reporting period during which it may be used for time off or otherwise paid or settled. In estimating the leave that is more likely than not to be used or otherwise paid or settled, a government should consider relevant factors such as employment policies related to compensated absences and historical information about the use or payment of compensated absences. However, leave that is more likely than not to be settled through conversion to defined benefit postemployment benefits should not be included in a liability for compensated absences.

This Statement requires that a liability for certain types of compensated absences—including parental leave, military leave, and jury duty leave—not be recognized until the leave commences. This Statement also requires that a liability for specific types of compensated absences not be recognized until the leave is used.

This Statement also establishes guidance for measuring a liability for leave that has not been used, generally using an employee’s pay rate as of the date of the financial statements. A liability for leave that has been used but not yet paid or settled should be measured at the amount of the cash payment or noncash settlement to be made. Certain salary-related payments that are directly and incrementally associated with payments for leave also should be included in the measurement of the liabilities.

With respect to financial statements prepared using the current financial resources measurement focus, this Statement requires that expenditures be recognized for the amount that normally would be liquidated with expendable available financial resources.

Notes To Financial Statements
This Statement amends the existing requirement to disclose the gross increases and decreases in a liability for compensated absences to allow governments to disclose only the net change in the liability (as long as they identify it as a net change). In addition, governments are no longer required to disclose which governmental funds typically have been used to liquidate the liability for compensated absences. 12 H.1.c
Packet Pg. 115 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS
GASB 101 – Compensated Absences (Continued)
How the Changes in this Statement Will Improve Financial Reporting The unified recognition and measurement model in this Statement will result in a liability for compensated absences that more appropriately reflects when a government incurs an obligation. In addition, the model can be applied consistently to any type of compensated absence and will eliminate potential comparability issues between governments that offer different types of leave.

The model also will result in a more robust estimate of the amount of compensated absences that a government will pay or settle, which will enhance the relevance and reliability of information about the liability for compensated absences.
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Packet Pg. 117 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

MEMORANDUM ON INTERNAL CONTROL

STATUS OF PRIOR YEAR SIGNIFICANT DEFICIENCIES
2021-01: Recording Loans Receivable
Criteria: All loans must be recorded in the City’s general ledger when the monies have been disbursed in relation to an executed loan agreement to a third party.

Condition: A 2012 Development and Loan Agreement included a loan made by the City Affordable Housing Fund. The City failed to record the loan in the amount of $2,050,000. The loan provides for no interest and a single payment of the full balance in December 2069. In fiscal year 2021 the City recorded receivables for this loan receivable hat should have been recorded in fiscal year ended June 30, 2013.

Cause: According to City staff, the loan was identified as staff were researching information related to the affordable housing project development. The loan was created upon the City dedicating a piece of property to Eden Housing, a non-profit affordable housing developer, in exchange for the payment of $2,050,000 in 55 years.

Potential Effect: The City’s loans receivable balances were understated in prior years. Also, when loan balances are not maintained on the general ledger, there is a risk that payments will not be tracked appropriately.

Recommendation: In order to ensure loan balances are properly recorded and all executed loans are being tracked, the City should record all loans on its general ledger as soon as the agreements have been executed and an asset is transferred to the borrower. Management should design and implement a formal procedure to communicate, on at least an annual basis, any loans distributed during the year.

Current Status: Implemented. The City Annual Comprehensive Financial Report include in the footnotes the description of the current loan. Staff have added to that disclosure a statement identifying any additional loans made during the fiscal year covered by the report. This will prompt staff to ensure that all loans have been recorded.
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Packet Pg. 119 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance)

REQUIRED COMMUNICATIONS
To the City Council of
the City of Orinda
Orinda, California
We have audited the basic financial statements of the City of Orinda for the year ended June 30, 2022.

Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated June 23, 2022. Professional standards also require that we communicate to you the following information related to our audit:

Significant Audit Matters
Qualitative Aspects of Accounting Practices
Accounting Policies - Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year, except as follows:

GASB 87 – Leases
The objective of this Statement is to better meet the information needs of financial statement users by improving accounting and financial reporting for leases by governments. This Statement increases the usefulness of governments’ financial statements by requiring recognition of certain lease assets and liabilities for leases that previously were classified as operating leases and recognized as inflows of resources or outflows of resources based on the payment provisions of the contract. It establishes a single model for lease accounting based on the foundational principle that leases are financings of the right to use an underlying asset. Under this Statement, a lessee is required to recognize a lease liability and an intangible right-to-use lease asset, and a lessor is required to recognize a lease receivable and a deferred inflow of resources, thereby enhancing the relevance and consistency of information about governments’ leasing activities.

A lease is defined as a contract that conveys control of the right to use another entity’s nonfinancial asset (the underlying asset) as specified in the contract for a period of time in an exchange or exchange-like transaction. Examples of nonfinancial assets include buildings, land, vehicles, and equipment. Any contract that meets this definition should be accounted for under the leases guidance, unless specifically excluded in this Statement.

The pronouncement became effective, but did not have a material effect on the financial statements.
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Packet Pg. 120 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance) GASB 90 – Majority Equity Interests (an amendment of GASB Statements No. 14 and No. 61) The primary objectives of this Statement are to improve the consistency and comparability of reporting a government’s majority equity interest in a legally separate organization and to improve the relevance of financial statement information for certain component units. It defines a majority equity interest and specifies that a majority equity interest in a legally separate organization should be reported as an investment if a government’s holding of the equity interest meets the definition of an investment. A majority equity interest that meets the definition of an investment should be measured using the equity method, unless it is held by a special-purpose government engaged only in fiduciary activities, a fiduciary fund, or an endowment (including permanent and term endowments) or permanent fund. Those governments and funds should measure the majority equity interest at fair value.

For all other holdings of a majority equity interest in a legally separate organization, a government should report the legally separate organization as a component unit, and the government or fund that holds the equity interest should report an asset related to the majority equity interest using the equity method. This Statement establishes that ownership of a majority equity interest in a legally separate organization results in the government being financially accountable for the legally separate organization and, therefore, the government should report that organization as a component unit.

This Statement also requires that a component unit in which a government has a 100 percent equity interest account for its assets, deferred outflows of resources, liabilities, and deferred inflows of resources at acquisition value at the date the government acquired a 100 percent equity interest in the component unit. Transactions presented in flows statements of the component unit in that circumstance should include only transactions that occurred subsequent to the acquisition.

The pronouncement became effective, but did not have a material effect on the financial statements.

GASB 97 – Certain Component Unit Criteria, and Accounting and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans—An Amendment of GASB Statements No. 14 and No. 84, and a Supersession of GASB Statement No. 32
The primary objectives of this Statement are to (1) increase consistency and comparability related to the reporting of fiduciary component units in circumstances in which a potential component unit does not have a governing board and the primary government performs the duties that a governing board typically would perform; (2) mitigate costs associated with the reporting of certain defined contribution pension plans, defined contribution other postemployment benefit (OPEB) plans, and employee benefit plans other than pension plans or OPEB plans (other employee benefit plans) as fiduciary component units in fiduciary fund financial statements; and (3) enhance the relevance, consistency, and comparability of the accounting and financial reporting for Internal Revenue Code (IRC) Section 457 deferred compensation plans (Section 457 plans) that meet the definition of a pension plan and for benefits provided through those plans.

The pronouncement became effective, but did not have a material effect on the financial statements.
18 H.1.c
Packet Pg. 121 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance) GASB 99 – Omnibus 2022
The objectives of this Statement are to enhance comparability in accounting and financial reporting and to improve the consistency of authoritative literature by addressing (1) practice issues that have been identified during implementation and application of certain GASB Statements and (2) accounting and financial reporting for financial guarantees. The Statement contains provisions that are to be implemented in phases over three fiscal years. The practice issues addressed by this Statement that are effective in fiscal year 2022 are as follows:
 Extension of the period during which the London Interbank Offered Rate (LIBOR) is considered an appropriate benchmark interest rate for the qualitative evaluation of the effectiveness of an interest rate swap that hedges the interest rate risk of taxable debt  Accounting for the distribution of benefits as part of the Supplemental Nutrition Assistance Program (SNAP)
 Disclosures related to nonmonetary transactions
 Pledges of future revenues when resources are not received by the pledging government  Clarification of provisions in Statement No. 34, Basic Financial Statements—and Management’s Discussion and Analysis—for State and Local Governments, as amended, related to the focus of the government-wide financial statements  Terminology updates related to certain provisions of Statement No. 63, Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position
 Terminology used in Statement 53 to refer to resource flows statements.

The requirements in paragraphs 26-32 of the pronouncement became effective, but did not have a material effect on the financial statements.

The following pronouncements became effective, but did not have a material effect on the financial statements:

GASB 89 – Accounting for Interest Cost Incurred before the End of a Construction Period GASB 92 – Omnibus 2020
GASB 93 – Replacement of Interbank Offered Rates
Unusual Transactions, Controversial or Emerging Areas - We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.

Accounting Estimates - Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City’s financial statements were:

Estimated Fair Value of Investments: Cash and investments held by the City at June 30, 2022 were measured by fair value as disclosed in Note 3 to the financial statements. Fair value is essentially market pricing in effect as of June 30, 2022. These fair values are not required to be adjusted for changes in general market conditions occurring subsequent to June 30, 2022. 19 H.1.c
Packet Pg. 122 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance) Estimate of Depreciation: Management’s estimate of the depreciation is based on useful lives determined by management. These lives have been determined by management based on the expected useful life of assets as disclosed in Note 1 to the financial statements. We evaluated the key factors and assumptions used to develop the depreciation estimate and determined that it is reasonable in relation to the basic financial statements taken as a whole.

Estimate of Compensated Absences: Accrued compensated absences which are comprised of accrued vacation, holiday, and certain other compensating time is estimated using accumulated unpaid leave hours and hourly pay rates in effect at the end of the fiscal year as disclosed in Note 1 to the financial statements. We evaluated the key factors and assumptions used to develop the accrued compensated absences and determined that it is reasonable in relation to the basic financial statements taken as a whole.

Estimated Net OPEB Liabilities and OPEB-related Deferred Outflow and Inflow of Resources:

Management’s estimates of the net OPEB liabilities and OPEB-related deferred outflow and inflow of resources are disclosed in Note 12 to the financial statements and are based on accounting valuations determined by a consultant, which are based on the experience of the City.

We evaluated the key factors and assumptions used to develop the estimates and determined that they are reasonable in relation to the basic financial statements taken as a whole.

Disclosures - The financial statement disclosures are neutral, consistent, and clear.

Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.

Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit’s financial statements taken as a whole.

Professional standards require us to accumulate all known and likely uncorrected misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. We have no such misstatements to report to the City Council.

Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit.

Management Representations
We have requested certain representations from management that are included in a management representation letter dated December 19, 2022.
20 H.1.c
Packet Pg. 123 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance) Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the City’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.

Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.

Other Matters
We applied certain limited procedures to the required supplementary information that accompanies and supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the required supplementary information and do not express an opinion or provide any assurance on the required supplementary information.

We were engaged to report on the supplementary information which accompany the financial statements, but are not required supplementary information. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.

We were not engaged to report on the Introductory and Statistical Sections included as part of the Annual Comprehensive Financial Report, but are not required supplementary information. We did not audit or perform other procedures on this other information, and we do not express an opinion or provide any assurance on them.
******
This information is intended solely for the use of City Council and management and is not intended to be, and should not be, used by anyone other than these specified parties.

Pleasant Hill, California
December 19, 2022
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Packet Pg. 125 Attachment: Memorandum on Internal Control (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

TRANSPORTATION DEVELOPMENT

ACT ARTICLE III FUND

FINANCIAL STATEMENTS

FOR THE YEAR ENDED
JUNE 30, 2022
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Packet Pg. 127 Attachment: Transportation Development Act (TDA) Financial Statements (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

TRANSPORTATION DEVELOPMENT ACT ARTICLE III FUND

FINANCIAL STATEMENTS
For the Year Ended June 30, 2022
Table of Contents
Page
Independent Auditors’ Report ................................................................................................................... 1 Financial Statements:

Balance Sheet ..................................................................................................................................... 3 Statement of Revenues and Expenditures and Changes in Fund Balance .......................................... 4 Notes to Financial Statements ............................................................................................................ 5 Independent Auditor’s Report on Internal Control Over Financial Reporting, on Compliance with the Transportation Development Act and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ....................................................................................................... 7 H.1.d
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Packet Pg. 129 Attachment: Transportation Development Act (TDA) Financial Statements (2986 : FY 2022 ACFR Acceptance)

INDEPENDENT AUDITOR'S REPORT
To the Honorable Mayor and Members of the City Council
City of Orinda, California
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the City of Orinda (City) Transportation Development Act Article III Fund (TDA Fund), as of and for the year ended June 30, 2022 and the related notes to the financial statements as listed in the table of contents In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the TDA Fund, as of June 30, 2022, and the change in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinion
We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirement relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Emphasis of Matter
As discussed in Note 1, the financial statements present only the TDA Fund and do not purport to, and do not present fairly the financial position of the City as of June 30, 2022, the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter.

Responsibilities of Management’s for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of the financial statements that are free from material misstatement, whether due to fraud or error.
1 H.1.d
Packet Pg. 130 Attachment: Transportation Development Act (TDA) Financial Statements (2986 : FY 2022 ACFR Acceptance) Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists.

The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if, individually or in the aggregate, they could reasonably be expected to influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
 Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the TDA Fund’s internal control. Accordingly, no such opinion is expressed.
 Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 19, 2022, on our consideration of the TDA Fund’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the TDA Fund’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the TDA Fund’s internal control over financial reporting and compliance.

Pleasant Hill, California
December 19, 2022
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Packet Pg. 131 Attachment: Transportation Development Act (TDA) Financial Statements (2986 : FY 2022 ACFR Acceptance) 2022
ASSETS
Due from MTC $49,101
Total Assets $49,101

LIABILITIES
Accounts payable $28,143
Due to the City 20,958
Total Liabilities 49,101

FUND BALANCES
Restricted -
Total Fund balances -
Total liabilities and fund balances $49,101
See accompanying notes to financial statements

CITY OF ORINDA

TRANSPORTATION DEVELOPMENT ACT

ARTICLE III FUND

BALANCE SHEET
JUNE 30, 2022
3 H.1.d
Packet Pg. 132 Attachment: Transportation Development Act (TDA) Financial Statements (2986 : FY 2022 ACFR Acceptance) 2022

REVENUES
TDA Article 3.0 (Note 2) $68,301
Total Revenues 68,301

EXPENDITURES
Camino Pablo Bicycle Route Corridor Improvement 68,301
Total Expenditures 68,301
Excess (deficiency) of revenues over expenditures -
Transfers out (2,772)
Net change in fund balances (2,772)

FUND BALANCES
Fund balance at beginning of period 2,772
Fund balance at end of period -
See accompanying notes to financial statements
FOR THE YEAR ENDED JUNE 30, 2022

AND CHANGES IN FUND BALANCE

CITY OF ORINDA

TRANSPORTATION DEVELOPMENT ACT

ARTICLE III FUND

STATEMENT OF REVENUES, EXPENDITURES
4 H.1.d
Packet Pg. 133 Attachment: Transportation Development Act (TDA) Financial Statements (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

TRANSPORTATION DEVELOPMENT ACT ARTICLE III FUND

NOTES TO FINANCIAL STATEMENTS
For The Years Ended June 30, 2022
NOTE 1 – DESCRIPTION OF REPORTING ENTITY
The City of Orinda, California (City), Transportation Development Act Article III Fund (TDA Fund) includes the financial activities associated with projects funded by the State of California Transportation Development Act (TDA). The State of California created a local transportation fund for each County funded by a portion of the State sales tax.

The TDA Fund is distributed through the Metropolitan Transportation Commission (MTC) which is the agency responsible for allocation of funds to eligible claimants within the greater San Francisco Bay Area.

Fund Accounting –The operations of the TDA Fund are accounted for with a separate set of selfbalancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Government resources are allocated to and accounted for in the fund based upon the purpose for which they are to be spent and the means by which spending activities are controlled. TDA Fund is presented as a separate Special Revenue Fund in the comprehensive annual financial report of the City.

Basis of Accounting – The accounting and reporting treatment applied to a fund is determined by its measurements focus. All governmental funds are accounted for on a spending or “current financial resources” measurement focus. Accordingly, only current asset and current liabilities generally are included on the balance sheet. Operating statements of governmental funds present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in fund balance.

All governmental fund types are accounted for using the modified accrual basis of accounting wherein revenues are recognized in the accounting period in which they become measurable and available to pay liabilities of the current period. Expenditures are recognized in the accounting period in which the fund liability is incurred.

Revenue Recognition – Under the terms of the various grant agreements, the TDA Fund generally recognize revenues when approved expenditures are incurred. Accordingly, the accompanying financial statements present grants receivable and the corresponding intergovernmental revenues.

Use of Estimates – The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. 5 H.1.d
Packet Pg. 134 Attachment: Transportation Development Act (TDA) Financial Statements (2986 : FY 2022 ACFR Acceptance)

CITY OF ORINDA

TRANSPORTATION DEVELOPMENT ACT ARTICLE III FUND

NOTES TO FINANCIAL STATEMENTS
For The Years Ended June 30, 2022
NOTE 2 – TDA ARTICLE 3.0 REVENUE
For the year ended June 30, 2022 the City recorded revenues in accordance with the allocation instructions from the Metropolitan Transportation Commission for the following projects:

Instruction # Project Name
Grant
Award
For the year ended
2022
20001110 Camino Pablo Bicycle Route
Corridor Improvement $150,000 $68,301
22001014 Camino Pablo Pathway
Rehabilitation 120,000 -
21001014 Moraga Way Pathway 85,500 -
Totals $270,000 $68,301
6 H.1.d
Packet Pg. 135 Attachment: Transportation Development Act (TDA) Financial Statements (2986 : FY 2022 ACFR Acceptance) INDEPENDENT AUDITOR’S REPORT ON

INTERNAL CONTROL OVER FINANCIAL REPORTING,

ON COMPLIANCE WITH THE TRANSPORTATION

DEVELOPMENT ACT AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN

ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor and Members of the City Council of the City of Orinda, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the City of Orinda (City) Transportation Development Act Article III Fund (TDA Fund) as of and for the year ended June 30, 2022, and the related notes to the financial statements, and have issued our report thereon dated December 19, 2022.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the TDA Fund’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the TDA Fund’s internal control.

Accordingly, we do not express an opinion on the effectiveness of the TDA Fund’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the TDA’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that have not been identified. 7 H.1.d
Packet Pg. 136 Attachment: Transportation Development Act (TDA) Financial Statements (2986 : FY 2022 ACFR Acceptance) Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the TDA Fund’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. Our procedures included the applicable audit procedures contained in §6666 of Title 21 of California Code of Regulations and tests of compliance with the applicable provisions of the Transportation Development Act and the allocation instructions and resolutions of the Metropolitan Transportation Commission. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

We have also issued a separate Memorandum on Internal Control dated December 19, 2022, which is an integral part of our audit and should be read in conjunction with this report.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the TDA Fund’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the TDA Fund’s internal control and compliance.

Accordingly, this communication is not suitable for any other purpose.

This report is intended solely for the information and use of the Metropolitan Transportation Commission, management, City Council, others within the City, and federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties; however, this restriction is not intended to limit the distribution of this report, which is a matter of public record.

Pleasant Hill, California
December 19, 2022
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Packet Pg. 137 Attachment: Transportation Development Act (TDA) Financial Statements (2986 : FY 2022 ACFR Acceptance)

INDEPENDENT ACCOUNTANT'S REPORT ON

APPLYING AGREED-UPON PROCEDURES FOR
COMPLIANCE WITH THE PROPOSITION 111
2021-2022 APPROPRIATIONS LIMIT INCREMENT
Honorable Mayor and Members of the City Council
City of Orinda, California
We have performed the procedures below, which were agreed to by the City of Orinda, on the Appropriations Limit Worksheet (Worksheet) for the year ended June 30, 2022. The City’s management is responsible for the Worksheet. These procedures, which were suggested by the League of California Cities and presented in their Article XIIIB Appropriations Limitation Uniform Guidelines, were performed solely to assist you in meeting the requirements of Section 1.5 of Article XIIIB of the California Constitution. The sufficiency of these procedures is solely the responsibility of the City. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose.

The procedures and associated findings were as follows:

A. We obtained the Worksheet and determined that the 2021-2022 limit of $23,211,124 and annual adjustment factors were adopted by Resolution of the City Council. We also determined that the population and inflation options were selected by a recorded vote of the City Council.

B. We recomputed the 2021-2022 Appropriations Limit by multiplying the 2020-2021 Prior Year Appropriations Limit by the Total Growth Factor. We recomputed the Total Growth Factor by multiplying the population factor option by the inflation factor option.

C. For the Worksheet, we agreed the Per Capita Income, County and City Population Factors to California State Department of Finance Worksheets.

This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the Worksheet. Accordingly, we do not express such an opinion or conclusion.

Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

This report is intended solely for the information and use of management and the City Council and is not intended to be and should not be used by anyone other than those specified parties; however, this restriction is not intended to limit the distribution of this report, which is a matter of public record.

Pleasant Hill, California
April 14, 2022
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Packet Pg. 138 Attachment: Appropriations Limit (Gann) Report (2986 : FY 2022 ACFR Acceptance) City Council
Staff Report
Agenda Item: H.2
Date: January 10, 2023
Department: Planning Department
AGENDA TITLE: Review of the Revised Draft Safety Element of the General Plan and the Draft Downtown Precise Plan
RECOMMENDATION:

Staff recommends the City Council receive the report, take public testimony, and provide feedback on the revised draft Safety Element and draft Downtown Precise Plan.

BACKGROUND:

The Safety Element Update and the Downtown Precise Plan (DPP) are two components of the City’s most recent long-range planning initiative, Plan Orinda.

Plan Orinda documents include:

1. Downtown Precise Plan (DPP) The DPP documents the City’s long-range planning priorities for Downtown Orinda. The DPP is non-regulatory and does not alter or affect the General Plan or zoning.

2. Housing Element Update The Housing Element is a required element of the City’s General Plan that must be updated every eight years. This Element is the City’s framework for housing goals and policies that comply with state law. The 6th Cycle (2023-2031) Housing Element has an adoption deadline of January 31, 2023.

3. Safety Element Update The Safety Element is a required element of the City’s General Plan that identifies natural and man-made hazards that may result in personal injury, loss of life, property damage, or environmental damage. The Safety Element must be updated concurrent with the Housing Element.

4. Environmental Impact Report (EIR) Pursuant to the California Environmental Quality Act (CEQA), an EIR has been prepared to analyze the potential environmental impacts of the Downtown Precise Plan, Housing Element Update, and Safety Element Update.

The DPP process began in January 2020 and the Housing/Safety Element update began in June 2021. Plan Orinda has a target adoption date of January 31, 2023.

Table 1 lists the various meetings and events that have occurred for each of the four Plan Orinda documents lister above.

Table 1. Plan Orinda Timeline
Date Meeting Body Topic Component
01/02/20 - DPP Kick-off
H.2
Packet Pg. 139
02/26/20 Subcommittee Update on project branding, RFPs/RFQs, existing conditions, and stakeholder engagement.

DPP
04/07/20 City Council Update on project branding, RFPs/RFQs, and existing conditions.

DPP
04/29/20 Subcommittee Update on existing conditions, property profiles, community engagement, and upcoming meetings.

DPP
05/01/20 - EIR Kick-off EIR
05/02/20 - DPP online survey available DPP
05/18/20 - Draft Existing Conditions Chapter available DPP 05/26/20 Joint Subcommittee
& Planning
Commission
Community Workshop #1 –
Overview of DPP, background of past planning
efforts, state and local regulations, and existing
conditions.

DPP
06/10/20 Subcommittee ConnectOrinda refresher, results of online survey, and update of stakeholder interviews.

DPP
06/23/20 Joint Subcommittee
& Planning
Commission
Community Workshop #2 –
Overview of CEQA, results of online survey and
stakeholder interviews, draft vision statement, draft
goals and objectives, and components of the DPP.

DPP
07/28/20 Joint Subcommittee
& Planning
Commission
Community Workshop #3 –
Overview of objective design standards and
proposed densities and building heights.

DPP
08/18/20 City Council Overview of objective design standards and consideration of proposed densities and heights for
the EIR project description.

EIR, DPP
09/10/20 Subcommittee Discuss comments raised at the 8/18 City Council meeting including example EIRs from neighboring
jurisdictions, density bonus, mixed-use, incentives,
and project examples.

EIR, DPP
09/30/20 Subcommittee Interview of 3 economic firms for on-call economic services.

DPP
10/06/20 City Council DPP update DPP
11/19/20 Joint City Council &
Planning
Commission
Character Area Workshop –
Discussion of changes of building heights, vertical
and horizontal mixed use, and objective design
standards.

DPP
02/16/21 City Council Overview of Housing Element regulations and key changes to state housing law
HE
03/02/21 City Council Discussion of draft Economic Feasibility Memo DPP 03/16/21 City Council Consideration for coordination of the DPP and Housing/Safety Element update.

EIR, DPP, HE, SE
04/13/21 City Council Decision to process the DPP and Housing/Safety Element update concurrently with one EIR.

EIR, DPP, HE, SE
05/11/21 Joint City Council &
Planning
Commission
Overview of the Housing Element, RHNA, and a
preliminary sites inventory analysis
HE
06/10/21 Subcommittee Discussion of PG&E transmission lines with PG&E representatives in attendance.

DPP
06/16/21 - Housing Element & Safety Element Kick-Off
08/31/21 - Draft Objective Design Standards released for public review
DPP
H.2
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09/27/21 Subcommittee Discussion of draft Objective Design Standards DPP 10/18/21 Subcommittee Housing Element sites inventory HE 11/03/21 Workshop Safety Element Community Workshop SE
11/04/21 - Safety Element survey available SE
11/09/21 Planning
Commission
Housing Element overview, RHNA, and sites
inventory
HE
11/16/21 City Council Approval of all potential Housing Element opportunity sites to be included in the EIR project
description.

EIR, HE
11/17/21 Joint City Council &
Planning
Commission
Discussion of draft Objective Design Standards DPP
12/15/21 - Balancing Act Housing Simulation tool released HE 01/04/22 - Notice of Preparation (NOP) issued for 30-day public review period.

EIR
01/20/22 Subcommittee EIR Scoping Meeting to receive comments on the scope of the EIR.

EIR
01/25/22 - NOP amended and public review period extended to 02/24/22 for a total of 51 days.

EIR
02/09/22 SSTOC Safety Element overview, results of the survey, and a discussion of the Vulnerability Assessment
SE
02/15/22 City Council Housing Element sites inventory update HE 02/17/22 - DPP online survey #2 available DPP
03/31/22 - Draft Housing Element released for public review; postcard notice of the draft Housing Element is
mailed to all residential properties in Orinda
HE
04/05/22 Planning
Commission
Draft Housing Element HE
04/19/22 City Council Draft Housing Element HE
05/16/22 - Draft Housing Element submitted to HCD for 90-day review period
HE
06/03/22 - Fair Housing survey available HE
06/07/22 - Draft Safety Element & Vulnerability Assessment released for public review
SE
06/14/22 Planning
Commission
Draft Safety Element & Vulnerability Assessment SE
06/27/22 Subcommittee Affirmatively Furthering Fair Housing workshop HE 07/05/22 City Council Draft Safety Element & Vulnerability Assessment SE 07/15/22 - Draft Vision & Guiding Principles Chapter available DPP 07/18/22 Subcommittee Discussion of draft Vision & Guiding Principles DPP 08/04/22 - Draft Housing Element revised and released for public review based on preliminary HCD comments
HE
08/09/22 Planning
Commission
Discussion of draft Vision & Guiding Principles DPP
08/12/22 - HCD comment letter received HE
09/01/22 - Draft San Pablo Creek Memo available DPP
09/06/22 City Council Discussion of draft Vision & Guiding Principles; Discussion of draft San Pablo Creek memo
DPP
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09/15/22 - Draft EIR released for 46-day public review. EIR 09/23/22 - Sept 2022 Revised Draft Housing Element released for public review in response to HCD comment
letter
HE
10/03/22 Subcommittee Public meeting to receive comments on the Draft EIR
EIR
10/10/22 Subcommittee Sept 2022 Revised Draft Housing Element HE 11/01/22 City Council Sept 2022 Revised Draft Housing Element HE 11/04/22 - Nov 2022 Revised Draft Housing Element released for public review
HE
11/09/22 - Draft Evacuation Analysis released for public review SE 11/15/22 City Council Draft Evacuation Analysis SE
11/16/22 - Revised Draft Housing Element submitted to HCD for 60-day review period
HE
12/07/22 - Draft DPP & Revised Draft Safety Element available for public review

DPP, SE
12/14/22 Planning
Commission
Draft DPP & Revised Draft Safety Element DPP, SE
DISCUSSION:

I. Safety Element Update
The purpose of a Safety Element is to include safety considerations into the planning and decision-making process by establishing policies related to future development. It is a required element of the City’s general plan that identifies natural and man-made hazards that may result in personal injury, loss of life, property damage, or environmental damage.

The Safety Element has not had a comprehensive update since the City’s general plan was adopted in 1987. It was last updated in 2011 to incorporate policies related to the Local Hazard Mitigation Plan. Pursuant to SB 1035, the Safety Element must be updated upon each revision to the Housing Element or Local Hazard Mitigation Plan, but not less than once every 8 years.

The City Council approved a contract with PlaceWorks in June 2021 for preparation of the 6th Cycle Housing Element Update and Safety Element Update.

The first public review draft of the Safety Element was released on June 7, 2022. A Planning Commission meeting was held in June and a City Council meeting was held in July to obtain feedback on the first public review draft.

The draft Safety Element is organized into three main chapters:

1. Overview – An overview of the purpose and content of the Safety Element, the role of Moraga-Orinda Fire District, relationship to other existing plans, and the result of the Vulnerability Assessment.

2. Public Safety Issues – A discussion of the existing and likely future hazardous conditions including emergency preparedness, flood and inundation hazards, H.2
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seismic and geologic hazards, fire hazards, hazardous waste and materials, and additional climate-related hazards.

3. Goals, Policies, and Actions – 6 goals, 60 total policies, and 26 implementing actions are identified to reduce hazards and increase resiliency through preparedness and adaptation.

Evacuation Analysis
In March 2022, the City Council approved a contract amendment for preparation of an Evacuation Route Analysis concurrent with the Safety Element update. While the draft Safety Element includes a general discussion of emergency evacuation, the Evacuation Route Analysis provides a deeper analysis of emergency scenarios and evacuation roadways. The expanded Evacuation Analysis supplements the Safety Element update based on community interest in emergency preparedness and evacuation.

The draft Evacuation Analysis is conducted in compliance with AB 747, which requires jurisdictions to identify and evaluate the capacity, safety, and viability of evacuation routes under potential emergency scenarios. The three potential wildfire scenarios that are evaluated in the evacuation analysis are:

1. A wildfire originating from the open spaces to the southwest of Orinda,

2. A wildfire originating from the open space areas surrounding Lafayette Reservoir immediately east of Orinda, and

3. A wildfire originating in or near Briones Regional Park north of Orinda.

The analysis assumes all residents would be evacuating out of Orinda in all three scenarios as a worst-case scenario. Also, the scenarios consider that residents in Lafayette, Moraga, and unincorporated Contra Costa County may also use Orinda’s roads to evacuate.

Several revisions will be made to the Evacuation Analysis based on the feedback received including, but not limited to, additional recommendations to consider contraflow lanes, red flag parking restrictions, and signal timing during an evacuation event.

Additional language to encourage coordination with the Orinda Police Department, MOFD, and Orinda schools will also be added.

Interactive Mapping Tool
A web map tool has been created based on the Evacuation Analysis. The web map will be published on www.planorinda.com and publicized prior to the January 10 City Council meeting. The map allows residents to search for their property by address. An overview of the interactive web map will be provided during the staff presentation.

Revised Draft Safety Element
Since release of the public review draft in June, staff and the consultant team have made a number of edits to the Safety Element. The Safety Element has been revised based on feedback from the following meetings:
• June 14th Planning Commission meeting (draft Safety Element) • July 5th City Council meeting (draft Safety Element)
• November 15th City Council meeting (draft Evacuation Analysis) H.2
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All edits since the public review draft released in June have been made in track changes in the attached revised draft Safety Element.

CalFire Review
The Safety Element requires review from the California Department of Forestry and Fire Protection (CalFire). The draft Safety Element was submitted to CalFire for review in August and comments were received last month. CalFire’s comments have been incorporated into the revised draft Safety Element. The revised draft Safety Element was presented to the Resource Protection Committee of the Board of Forestry on December 6th. The Resource Protection Committee provided positive feedback and did not request any edits to the revised draft. On December 8, 2022, the City received confirmation from CalFire/Board of Forestry of their completed review of Orinda’s Safety Element and no further action with CalFire is required.

II. Downtown Precise Plan
The Downtown Precise Plan (DPP) documents the City’s long-range planning priorities for Downtown Orinda. Although the discussion of downtown planning has occurred over the last 15 years, a comprehensive downtown planning document has not been created until the DPP. The DPP builds on prior downtown planning discussions while setting the stage for future downtown development. The DPP describes long-range options for Downtown Orinda. The plan provides guidance for downtown development decisionmaking by offering a cohesive vision that would be implemented through future development, policymaking, and programs.

As a statement of policy in the form of text, maps, and graphics, the DPP will be used to guide public and private actions that shape Downtown Orinda. The DPP provides decision makers with information and an outcome-driven framework for making informed decisions affecting the long-range social, economic, and physical growth of the downtown. It also serves as a resource regarding the conditions of Downtown Orinda as well as the policies and regulations in place at the time of the plan’s adoption.

The DPP document is non-regulatory and does not alter or affect the General Plan or zoning. Rather, the content within the DPP will be used to guide future consideration of potential General Plan and zoning text and map amendments. The DPP contains draft Objective Design Standards, which are intended to be finalized and adopted in the future.

Though common in California, precise plans are not based on State legislation, and therefore, can vary in purpose and structure. The State does not offer any guidance regarding what precise plans need to contain or accomplish. Therefore, unlike specific plans, the DPP offers greater flexibility to Orinda to establish planning priorities for its downtown.

Downtown planning efforts, 2007 - present
The conversation on Orinda’s downtown has been taking shape for well over a decade.

The following sections highlight the planning efforts related to downtown that have taken place over the last 15 years.

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2007 – 2012
In March 2007, the City Council established the Planning Process and Review Task Force (PPRTF) to review the City’s development process and make recommendations for a streamlined, objective, and user-friendly process. The mission of the PPRTF Downtown Subcommittee was to “review, analyze and make recommendations to the full Task Force and ultimately to the Orinda Planning Commission and City Council regarding the revitalization of downtown Orinda into a vibrant, pedestrian-oriented village with a mix of retail, residential, cultural and office uses.” The PPRTF’s recommendations to the Planning Commission and Council were followed by community workshops and surveys.

Starting in January 2010, staff initiated a presentation of the PPRTF recommendations on downtown to the Planning Commission at monthly meetings. During that process, the City determined that broader public input on the vision of the future of downtown was necessary before the specific recommendations of the PPRTF could be considered. To that end, the City sought and obtained public input from a broad cross section of the community through a series of workshops and a survey.

At the March 1, 2011 City Council meeting, the Council directed staff to conduct additional community outreach and garner participation from additional residents regarding the downtown. The objective was to reach segments of the community that had not participated up to that point. What followed was a rather extensive survey conducted in 2011 and early 2012. This survey comprised of 149 hand-written surveys and 839 surveys completed online. The results of the 2011-2012 survey were discussed at a joint City Council and Planning Commission meeting on March 27, 2012. However, the conversation on downtown planning was put on pause as the City’s focus shifted to updating its Housing Element for the 5th cycle (2015 – 2023). 2016 – 2017
In response to a matter initiated by the Council in summer 2015, staff prepared a report regarding downtown planning options and community engagement. The requested report was presented at the September 9, 2016 City Council meeting, rekindling the conversation on downtown and serving as the basis for the more recent downtown planning efforts.

In April 2017, the City hosted an Urban Land Institute (ULI) Technical Advisory Panel (TAP) regarding downtown. The panel was composed of professionals from a wide variety of disciplines reflecting diverse perspectives, including market analysis, land use and design, retail consulting, architecture, finance and development strategies, governance and policy, and real-estate development.

Over a two-day working session, the ULI TAP interviewed stakeholders to discuss the city’s future. On April 11, 2017, following the working sessions, the ULI TAP presented recommendations to the City Council based on the following questions:
• Based on the interviews, what is the collective vision for downtown Orinda? Provide a draft mission statement for downtown.

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• Based on the community’s vision for downtown Orinda, what streetscape design concepts, if any, are recommended?
• Based on the community’s vision for downtown Orinda, what are the restoration and planning recommendations, if any, for San Pablo Creek? • Based on the community’s vision for downtown Orinda, what changes, if any, are recommended to downtown development standards and allowable land uses? Shortly after, the National Main Street Center (NMSC) presented a data summary and transformation strategy recommendations at the July 5, 2017 City Council meeting. “Market Analysis and Transportation Strategy Development” Report regarding downtown. Specifically, the NMSC study focused on the market and how to competitively position Downtown Orinda from a consumer and business mix perspective. Additionally, NMSC also offered several implementation models through organizational structures.
2018 – Present
Building on the ULI and NMSC momentum, in October 2018, the City embarked on a year-long community process to create its Downtown Streetscape Master Plan:

ConnectOrinda. Adopted in November 2019, ConnectOrinda identifies streetscape and transportation projects that beautify, improve travel through, and preserve the uniqueness of downtown Orinda for people traveling by all modes. ConnectOrinda also looked for ways to connect the Village District, Theatre District, and the area in between to make it safer and more convenient to walk, bike, and drive within these areas. The effort assumed development as it is today and was limited to the streetscape and transportation realms, and therefore, ConnectOrinda put an emphasis on projects that could be implemented in the “near-term” (within five years).

On a parallel track with ConnectOrinda, staff has been working closely with Friends of Orinda Creeks since early 2018 to map a path forward to realize the goal of a restored downtown San Pablo Creek that offers a creek-side trail. Furthermore, since mid-2018, the City has made a concerted effort to implement a coordinated parking-management program with several components, including enhanced parking enforcement, parking districts, and a parking in-lieu fee for downtown.

A residential permit-parking program, the first one for the City, was launched on August 23, 2018. Following that, on October 22, 2019, the City Council adopted Resolution 43- 19 to implement a Pilot Employee Permit Parking Program. In January 2020, the City Council adopted a parking variance in-lieu fee ordinance for non-residential development (including use changes) in the DC and DO zoning districts.

Finally, as a part of the downtown planning continuum, the Council expressed an interest in pursuing revisions to downtown development standards by enacting a new, stand-alone downtown plan—Downtown Precise Plan (DPP). After close consideration at the January 7, 2020 City Council meeting, the Council directed staff to manage the project in-house and issue an RFP and/or request for qualifications (RFQ) for specific tasks as necessary.

Plan structure
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The DPP is organized into five chapters, with a sixth chapter to be adopted upon the future amendment of the General Plan.

1. Introduction
Offers an overview of the DPP, its scope and structure, process, and future DPPrelated programming.

2. Existing Conditions
The Existing Conditions chapter offers a snapshot of the community profile and economy; major land-uses and features; adopted policies, regulations, and plans; downtown characteristics and property conditions; circulation; and natural features and infrastructure. This chapter serves to record a baseline against which future progress may be measured, and to set the context for the rest of the DPP.

3. Vision & Guiding Principles
The Vision & Guiding Principles chapter details the intended outcomes of the DPP and provides a framework for guiding future policy related to the downtown.

It describes the envisioned form that the future downtown area will take, establishes a series of principles that guide the city’s efforts toward specific outcomes, and details supporting goals and specific policies that will achieve these intended results. As an aspirational vision of a downtown Orinda that serves the needs of Orindans present and future, this chapter serves as the heart of the document.

4. San Pablo Creek
The San Pablo Creek is daylighted across approximately 12 parcels, but existing structures are oriented toward Orinda Way with little to no public access to the underutilized creek. This chapter serves as a central place that documents the history of San Pablo creek restoration efforts and provides a guidebook for future restoration efforts. The intent is for future restoration efforts to result in a publiclyaccessible natural amenity that connects areas of the downtown with nearby trails and enhances the downtown’s charm while maintaining or enhancing stormwater capacity and natural habitat.

5. Utilities, Services, & Infrastructure
This chapter provides an overview of existing conditions and discusses potential impacts upon utilities, services, and infrastructure that would occur as a result of development generated by the DPP. This information is presented as a summary of the DPP-specific information contained within the Environmental Impact Report prepared for the DPP and the 6th Cycle Housing Element.

This chapter furthermore discusses the development constraints posed by the PG&E transmission lines running through downtown and the challenges associated with previously-proposed mitigation strategies. • Appendices. The DPP includes several appendices that add detailed subjectspecific information and context for the DPP. These are:

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o Objective Design Standards (DRAFT) When adopted, this draft chapter is intended to implement the vision of the DPP in relation to private development in current Downtown Office and Downtown Commercial zoning districts. The development standards are intended to be objective and clearly communicate the design intent of the DPP’s vision, and to streamline the development proposal review and entitlement process. The standards therein are intended to govern the physical form, character, and uses of private development and public realm elements such as civic spaces. This chapter also introduces a Style Guidelines framework that will provide architectural style guidelines and recommendations deemed appropriate for downtown buildings. o ConnectOrinda Plan Adopted in November 2019, this plan guides development for the public realm of Downtown Orinda, detailing streetscape, creek, and transportation improvement projects that beautify, improve travel through, and preserve the uniqueness of downtown Orinda for people traveling by all modes. ConnectOrinda also identifies opportunities to connect the Village, Theatre District, and the area in between to make it safer and more convenient to walk, bike, and drive within these areas. The effort assumed development as it is today and was limited to the streetscape and transportation realms; it may effectively be considered the public realm portion of the DPP.
o San Pablo Creek Memo This memo provides an overview of the San Pablo Creek history, existing conditions, and various restoration proposals. It provides a trail alignment and creek restoration concept. This memo provides additional detail to the information presented in Chapter 4: San Pablo Creek. o Economic Development Feasibility Memo This memo evaluates the financial, economic, and fiscal implications of residential mixed-use redevelopment concepts for the DPP project area.
o Downtown Redevelopment Potential Memo This memo evaluates real estate market conditions affecting the redevelopment potential of Downtown Orinda.

Plan programs
Adoption of the DPP is just the beginning of the work directly related to the plan.

Accountability for ensuring the Plan’s positive impact on Downtown development and the success of its various implementation programs will be an ongoing process. The following programs are recommended by Staff as the post-adoption steps in the lifecycle of the DPP.

1. Consider appropriate amendments to the General Plan to reflect the vision and guiding principles of the DPP including, but not limited to, the following amendments:

Existing/Proposed General Plan Policies with
Proposed Amendments Identified as Track
General Plan
Section Topic
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Changes
In downtown Orinda, amend the municipal code, the
zoning map, and the Downtown Inset General Plan
map to permit vertical and horizontal mixed use with
multifamily densities of between 25 and 50 dwelling
units to the acre as contemplated in the 6th Cycle
Housing Element of the General Plan as well as the
Downtown Precise Plan and the related Draft
Downtown Objective Design Standards.
[to be determined] Mixed Use,
Multifamily
Favor retail services needed frequently by residents by limiting the amount of office space in predominantly
retail areas. Ground floor office space in retail areas should be discouraged. serve Lamorinda uses and
generally not exceed retail space on any one lot.

2.1.3B Downtown:

Guiding Policies Retail, Office
Limit development at the Orinda BART station to
ground level and underground parking. Encourage
BART to develop additional ground level parking on
off-site properties.

2.1.3C
Downtown:

Guiding Policies
Parking,
BART
Maintain current boundaries between commercial and
adjacent single-family residential areas as indicated on the Downtown Inset General Plan map. The Plan does
not envision any expansion of the land area
designated for commercial or office use.

2.1.3D
Downtown:

Guiding Policies
Commercial,
Office
Site proximity to the BART terminal should not be
used to justify a reduction in the standard
requirement(s) for onsite parking, unless a
Transportation System Management contract is made
with the City.

2.1.3H
Downtown:

Guiding Policies
Parking,
BART
For commercial and office projects, enhance
architectural compatibility in each sector of downtown
by establishing design districts that provide guidelines and a review process for site layouts, architectural
design, alterations, landscaping, and signs. Sloping
roofs are encouraged on new buildings in districts
where such features are common. For mixed use and
multifamily projects, adopt objective design standards
that ensure quality architectural design and treatment
and reduction in perceived mass with minimum
articulation criteria.

2.1.4A Downtown:

Implementing
Policies
Design
Enact regulations that will ensure appropriately-scaled small-scale low-lying buildings by limiting height to 35 feet (generally not more than two stories) for
commercial and office projects with no residential uses and total floor area to a limited percent of lot area and up to 35-45 feet in height for residential and
residential/commercial mixed-use projects, as
identified in the 6th-cycle Housing Element of the

2.1.4C
Downtown:

Implementing
Policies
Design
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Orinda General Plan and the Downtown Precise Plan.

Enact regulations that will ensure that the central
business area will be predominantly retail and
residential/commercial mixed-use. and which permit
only a limited amount of offices that favor local use
needs.

2.1.4E Downtown:

Implementing
Policies
Retail
Encourage property owners to make more intensive
use of the San Pablo Creek sides of their buildings by
planning for a publicly-accessible designating
creekside pathwayprivate street" with public access
parallel to the creek and other publicly-accessible
pedestrian amenities as shown in the ConnectOrinda
Streetscape Master Plan and Downtown Precise Plan.
that would provide an alternative connection for
shoppers who must turn on and off Orinda Way
and/or. Work with community groups, property owners,
and grant sources to fund and implement restoration
of enhance and preserve San Pablo Creek as
contemplated in the Downtown Precise Plan with
landscaping, pathways, and other pedestrian
amenities, consistent with its primary purpose as flood control.

2.1.4K Downtown:

Implementing
Policies
Creek
A pedestrian/ bicycle-only path should be provided
along the creek easterly of Camino Pablo that is
separated from the "private street" proposed for that
area where feasible as contemplated in the Downtown
Precise Plan.

2.2.2J Open
Space and Parks:

Guiding Policies
Creek

2. Amend the Orinda Municipal Code to codify the draft Objective Design Standards (ODS) included as Appendix A of the DPP.At the same time, amend the General Plan land use map and the Land Use Element to reflect the draft ODS.

3. Amend the Orinda Municipal Code to codify the proposed allowable residential uses, minimum retail requirements and other land use requirements as outlined in the draft ODS.

4. Continue public outreach to Orinda residents, downtown property owners, prospective owners, and businesses regarding the content and goals of the DPP and the status of the necessary municipal code and General Plan amendments.

5. Assess development proposals within the scope of the DPP utilizing the goals and policies of the Vision & Guiding Principles chapter to evaluate and consider consistency with the community’s vision for Downtown.

6. Provide periodic progress updates at public meetings summarizing DPP-related development.

Overview of the draft Objective Design Standards
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The draft Objective Design Standards (ODS) is proposed as an appendix to the DPP until finalized and adopted. The ODS would ultimately regulate the built form and character of future development.

The following is an overview of objective design standards, the reasoning behind the draft ODS, and significant zoning changes that would be regulated through the ODS.

State law defines “objective zoning standards” and “objective design review standards” as standards that
“…involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal”.

To facilitate the requirements of recent changes to state housing laws, the draft ODS will, upon adoption, regulate the built form and character of future development that is subject only to streamlined ministerial review. All other new projects that do not invoke streamlined review would still be subject to discretionary approval by the Planning Commission. No changes to the nonresidential uses allowed in downtown zones are proposed through the draft ODS.

Standards within the draft ODS include the following:

Downtown Core and Downtown General areas
The ODS envision two new areas and one subarea applied to the current Downtown Commercial and Downtown Office zones (See Figure 1). These include:

Downtown Core. A walkable, higher-intensity, "vertical mixed-use" environment of medium-to-large footprint buildings providing neighborhood and community-serving commercial, retail, entertainment, civic and institutional uses at the ground floor and housing and other uses on upper floors. This zone supports a Downtown environment aimed at community gathering and activity. Maximum building heights are 45’.

Downtown General. A walkable, moderate-intensity neighborhood of small-to-medium footprint buildings with a mix of office, residential, and supporting uses of neighborhoodserving retail and services. Buildings may be vertically mixed-use or organized with different uses horizontally. This zone provides a transition in scale and intensity of use between Downtown’s higher intensity mixed-use zones to residential neighborhoods.

Maximum building heights are 35’.

Downtown General – Enhanced. Allowed uses and development standards are the same as the Downtown Core; however, this subarea also allows horizontal mixed-use development as with Downtown General. Maximum building heights are 45’.

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Figure 1. Regulating Plan: Maximum Height by Downtown Zone Source: City of Orinda Planning Department; Opticos
Vertical vs. Horizontal Mixed-Use
Vertical mixed-use combines different uses within one building. A typical example of a vertical mixed-use building would be commercial use on the ground floor and residential use on the upper levels. Horizontal mixed-use includes multiple single-use buildings on a parcel. An example of a horizontal mixed-use project would be a parcel with two structures, one structure with commercial uses and one structure with residential use.

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Figure 2. Vertical Mixed-Use (left) vs. Horizontal Mixed-Use (right) Source: Placemakers.com
Figure 1 indicates where vertical and horizontal mixed-use is being proposed by the draft ODS. Vertical mixed-use development is proposed for the Downtown Core, while horizontal mixed-use development is proposed for Downtown General.

Because of this, it is important to note that if the draft ODS were implemented as currently proposed, the central portion of the Village-area block along Orinda Way (Figure 1 - the area hatched in blue as Downtown General - Enhanced), currently zoned Downtown Commercial, could be redeveloped as horizonal mixed-use under the draft ODS. Because horizontal mixed-use may separate uses from building to building and effectively parcel to parcel, this could hypothetically result in a concentration of development across these parcels that is 100% residential, as opposed to development that would require a retail component per the proposed Downtown Core standards. This is the primary functional difference between this area and the Downtown Core areas, as parcels in this area are allowed the same maximum building height of 45’, the same residential density of 30 dwelling units/acre, and the same uses as the Downtown Core.

Within the proposed Downtown General – Enhanced area, 31 Orinda Way (Bank of America site) has been identified within the proposed 6th Cycle Housing Element as a Regional Housing Needs Allocation (RHNA) opportunity site (DPP-41) that will need to be zoned to allow 100% housing. Because Downtown General – Enhanced allows for 100% housing, this may be the appropriate classification for site DPP-41.

Staff recommends that discussion and feedback include consideration of the appropriate proposed classification for this area (Downtown General – Enhanced or Downtown Core), to include accommodating the need to allow 100% housing at site DPP-41 (either via continued classification as Downtown General – Enhanced, or via another method that would allow 100% for this site specifically.) Density
The ODS envisions densities set to 25, 30, or 50 dwelling units/acre (du/a) depending upon their location (Figure 3.) Densities of 25 du/a are located within the Downtown H.2
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General area, while densities of 30 du/a are located within the Downtown Core area. In some instances, a density of 50 du/a is permitted in the Downtown Core area based on their RHNA opportunity evaluation for the 6th Cycle Housing Element. The Housing Element sites have been highlighted in Figure 3.

Figure 3. Regulating Plan: Density & 6th Cycle Housing Element Opportunity Sites Source: City of Orinda Planning Department; Opticos
The City Council has already considered the densities for the Housing Element opportunity sites and subsequently submitted this intent to HCD.

NEXT STEPS
Following the City Council meeting, staff proposes to produce a revised draft of the DPP that incorporates any feedback and comments from the public and City Council, as well as make final layout adjustments as needed. Simultaneously, PlaceWorks will make any final edits to the draft Safety Element and AB 747 Evacuation Study. Both will be H.2
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presented along with the remaining Plan Orinda elements to the Planning Commission on January 18th for a formal recommendation to the City Council.

Upcoming meetings regarding Plan Orinda include:
• January 18, 2023: Planning Commission will be presented with a resolution recommending adoption of Plan Orinda documents, which include:
o Final Environmental Impact Report
o DPP
o 6th Cycle Housing Element Update
o Safety Element Update
• January 31, 2023: City Council will consider the Planning Commission’s recommendations at a noticed public hearing.

FISCAL IMPACT:

There is no material fiscal impact resulting from staff’s recommendations. All of the costs associated with the Plan Orinda effort are within the amounts previously approved in the Mid-Cycle Budget Update adopted June 21, 2022.

ATTACHMENTS:

A. Revised Draft Safety Element
B. Draft Evacuation Analysis
C. Draft Downtown Precise Plan
D. Draft Downtown Precise Plan, Appendix A: Objective Design Standards E. Draft Downtown Precise Plan, Appendix B: ConnectOrinda Plan F. Draft Downtown Precise Plan, Appendix C: San Pablo Creek Memo G. Draft Downtown Precise Plan, Appendix D: Economic Development Feasibility Memo
H. Draft Downtown Precise Plan, Appendix E: Downtown Redevelopment Potential Memo
Respectfully Submitted by:

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

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City Council
Staff Report
Agenda Item: H.3
Date: January 10, 2023
Department: Administration
AGENDA TITLE: Proposed 2023 Fire Code Update Review
RECOMMENDATION:

Receive Report on 2023 Fire Code Update as Proposed by the Moraga-Orinda Fire District and provide comments, if any.

BACKGROUND: Every 3 years, the State of California promulgates updates to the State Fire Code. These updates must be adopted by the local Fire Agency, which is the Moraga-Orinda Fire District (MOFD). At the time of the State update, agencies can also consider and adopt local amendments to the Fire Code. The 2023 State Fire Code is set for adoption by MOFD through a two-step process with the introduction of the Fire Code adoption including limited local amendments on January 18, 2023, with adoption set for the February Board meeting. After approval by the MOFD, the City of Orinda, Town of Moraga, and Contra Costa County will also need to ratify the Fire Code and local amendments.

This process is set forth in the State Health & Safety Code section13869.7:
(a) Any fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Division 12 may adopt building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Standards Code. For these purposes, the district board shall be deemed a legislative body and the district shall be deemed a local agency. Any changes or modifications that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety shall be subject to subdivision (b) of Section 18941.5.
(b) Any fire protection district that proposes to adopt an ordinance pursuant to this section shall, not less than 30 days prior to noticing a proposed ordinance for public hearing, provide a copy of that ordinance, together with the adopted findings made pursuant to subdivision (a), to the city, county, or city and county where the ordinance will apply. The city, county, or city and county, may provide the district with written comments, which shall become part of the fire protection district’s public hearing record.
(c) The fire protection district shall transmit the adopted ordinance to the city, county, or city and county where the ordinance will apply. The legislative body of the city, county, or city and county, may ratify, modify, or deny an adopted ordinance and transmit its determination to the district within 15 days of the H.3
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determination. Any modification or denial of an adopted ordinance shall include a written statement describing the reasons for any modifications or denial. No ordinance adopted by the district shall be effective until ratification by the city, county, or city and county where the ordinance will apply. Upon ratification of an adopted ordinance, the city, county, or city and county, shall file a copy of the findings of the district, and any findings of the city, county, or city and county, together with the adopted ordinance expressly marked and identified to which each finding refers, with the Department of Housing and Community Development.

DISCUSSION: The MOFD provided City staff with their proposed Fire Code amendments on November 17, 2022, which triggered an initial 30-day comment period.

A copy of the proposed ordinance which would adopt the State Fire Code and local amendments is attached (Attachment 1). The provision of the draft ordinance to the City triggered an initial 30-day comment period for staff. The proposed findings were provided later and are attached (Attachment 2), though staff opted to comment based on the date the draft Ordinance was provided. We undertook a review and provided our initial Staff comments/questions to the Fire District via a letter dated December 16, 2022, copy attached (Attachment 3). On December 21, 2022, Chief Winnacker provided a letter in response to our initial comments/questions and that is provided as Attachment 4.

Staff would characterize the proposed local Amendments as limited in scope and scale in comparison to prior years. The MOFD draft Fire Code Ordinance did have a reference to the current defensible space requirements which was a prior local amendment being removed from the Fire Code and transitioned to a proposed standalone ordinance. The city has not yet been provided with the new stand-alone draft ordinance; however, the Fire Chief has indicated they will be eliminating that reference in the Fire Code update ordinance, and as such it would now fall outside the City’s review. Given the clarifications received, the only proposed amendment which may be of concern is the provision which proposes to limit certain physical traffic calming devices/improvements in the Very High Fire Severity Zone or in neighborhoods with a single access point.

The purpose of this item is to share the proposed local amendments with the City Council to ensure that if the City Council has any specific concerns that we can share those with the Fire District prior to the Fire Board considering introduction of the ordinance on January 18, 2023.

NEXT STEPS: City staff will transmit any City Council specific comments on the local amendments to the Fire Board prior to their January 18, 2023, meeting.

FISCAL IMPACT: None as result of this item.

ATTACHMENTS:

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Packet Pg. 157
A. MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) B. Draft Findings of Fact - Fire Code
C. Staff Fire Code Letter
D. Attach 4 - Fire Chief Response Letter
Respectfully Submitted by:

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

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Packet Pg. 158
ORDINANCE NO. 2023-01
1 FIRE CODE
ORDINANCE NO. 23-01

AN ORDINANCE OF THE MORAGA-ORINDA FIRE DISTRICT OF CONTRA COSTA COUNTY, CALIFORNIA, ADOPTING THE 2022 EDITION OF THE CALIFORNIA FIRE

CODE, WITH CERTAIN AMENDMENTS, AND BY REFERENCE, THE INTERNATIONAL FIRE CODE, 2021 EDITION, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, AND REPEALING ORDINANCE 20-01.

The Board of Directors, as the governing body of the Moraga-Orinda Fire District, does ordain as follows:

SECTION 1. ADOPTION OF THE CALIFORNIA FIRE CODE
For the purpose of prescribing regulations governing conditions hazardous to life and property from fire, explosion, or hazardous substances, materials and devices, and from conditions hazardous to life and property in the occupancy of buildings and premises, and in accordance with Section 13869 and 13869.7 of the California Health and Safety Code, the Moraga-Orinda Fire District does hereby adopt the 2022 California Fire Code (California Code of Regulations, Title 24, Part 9 [based on the 2021 International Fire Code published by the International Code Council]), including Chapters 1-80 and Appendices A, B, BB, C, CC, D, and H, as amended by changes, additions, and deletions set forth in Section 2 of this ordinance. The 2022 California Fire Code, on file in the office of the Moraga-Orinda Fire District, is hereby referenced and made a part hereof as if fully set forth in this ordinance, with the additions, insertions, deletions and changes prescribed in Section 2 of this ordinance, and from the date on which this ordinance shall take effect the provisions thereof shall be controlling within the limits of the Moraga-Orinda Fire District.

SECTION 2. AMENDMENTS TO THE CALIFORNIA FIRE CODE.

The 2022 California Fire Code is amended by the changes, additions and modifications set forth in this Section 2. Chapter and Section numbers used in this Section are those of the 2021 International Fire Code.

Chapter 1. Scope and Administration.

Section 101.1 is amended to read:
101.1 Title. These regulations shall be known as the Fire Code of the Moraga-Orinda Fire Protection District (“the District”) and are hereinafter referred to as "this code." Section 102.1 is amended to add item 5 to read:

5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, and boats that are permanently affixed to a specific location within the boundaries of the District.

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Packet Pg. 159 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
2 Section 105.5 is amended to read:
105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Chapter 1, Sections 105.5.1 through 105.5.63.

Section 105.5.33 is amended to read:
105.5.33 Motor Fuel Dispensing Facilities. An operational permit is required for the operation of automotive, marine, and fleet motor fuel dispensing facilities, including sites that allow mobile fueling from a service provider to the general public, fueling of motor vehicles at approved locations from a tank vehicle, and limited or temporary fueling operations for special events (fueling of watercraft from shore, piers, floats, or barges).

Section 105.5.40 is amended to read:
105.5.40 Cannabis/Plant Extraction-Related System(s)/Operations. An operational permit is required for any of the following cannabis/plant extraction-related systems and operations:

1. Cultivation

2. Plant Extraction Systems

3. Testing/Lab

4. Manufacturing

5. Distribution

6. Carbon Dioxide Systems or Volatile Solvent
Section 105.5 is amended by adding Sections 105.5.52 through 105.5.62 to read:
105.5.52 Wood products. An operational permit is required to store chips, hogged material, wood or other combustible pallets, lumber, or plywood in excess of 200 cubic feet (6 m3) or 34.l9 square feet.
105.5.55 Asbestos removal. An operational permit is required to conduct asbestosremoval operations regulated by Section 3319. 105.5.56 Automobile Wrecking or Dismantling Yard. An operational permit is required for all automobile wrecking yards, automobile dismantling operations, and similar operations.
105.5.57 Christmas tree sales. An operational permit is required to use a property for the purpose of selling cut Christmas trees.
105.5.58 Firework display. An operational permit is required to conduct a firework display regulated by Title 19 of the California Code of Regulations and Chapter 56 of this code.

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Packet Pg. 160 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
3 105.5.59 Model rockets. An operational permit is required to sell model rocket motors or launch model rockets pursuant to California Code of Regulations, Title 19, div. 1, ch. 6, art. 17. Permits issued in accordance with this section are for the site and are effective as long as site conditions have not changed. 105.5.60 Temporary Occupancy. An operational permit is required for any temporary occupancy.
105.5.61 Temporary water supply. An operational permit is required to use a temporary water supply for construction of residential projects or subdivisions pursuant to Section 3313.1.
105.5.62 Tire storage. An operational permit is required to store more than 1,000 cubic feet (28.3 m3) of tires inside buildings pursuant to Chapter 34. 105.5.63 Indoor Growing Operation. A permit is required to operate an indoor growing operation.

Exception: Greenhouses in an area zoned as agricultural.

Section 105.6 is amended to read:
105.6 Required construction permits. The fire code official is authorized to issue construction permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.28.

Section 105.6 is amended by adding Sections 105.6.25 through 105.6.28 to read:
105.6.25 Access for fire apparatus. Plans shall be submitted to the fire code official, and a construction permit is required to install, improve, modify, or remove public or private roadways, driveways, and bridges for which District access is required by this code.
105.6.26 Construction, Substantial Alterations and Substantial Additions for which a building permit is required. Plans shall be submitted to the fire code official, and a construction permit is required for all substantial alterations of and all substantial additions to a building within the District.

Exception: Non-sprinklered Group R-3 Occupancies where work does not involve a substantial addition or substantial alteration and is not located in a VHFHSZ or WUI-FA.
105.6.27 Subdivision of Land. Plans shall be submitted to the fire code official, and a construction permit is required for all developments or improvements proposed within the District that involve the subdivision of land.

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Packet Pg. 161 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
4 105.6.28 Water supply for fire protection. Plans shall be submitted to the fire code official, and a construction permit is required for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, buildings, or portions of buildings either constructed or moved into the District pursuant to Section 507.

Section 105.7 is added to read:
105.7 Responsibility of permittee. Work performed under a construction permit shall be in strict accordance with the approved plans as reviewed by the fire code official, all requirements of this code, and any other laws or regulations applicable thereto. Any deviations from, or additions to, the work described in the plans originally submitted to the District must be presented to the fire code official for approval. District approval shall not relieve or exonerate any person from the responsibility of complying with the provisions of this code and no vested rights shall be created for any work performed in violation of this code.

Section 112.4 is amended to read:
112.4 Violation penalties. Every person who violates any provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction or misdemeanor in accordance with Health and Safety Code Section 13871. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained after due notice has been served shall constitute a separate offense.

Section 112.4.2 is added to read:

Section 112.4.2 Other penalties and remedies. Nothing in this Section 112.4 shall limit the fire code official from pursuing other available legal remedies for violations of this code, including but not limited to administrative citations and attendant fines, civil penalties, and administrative and summary abatements.

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Packet Pg. 162 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
5 Chapter 2. Definitions.

Section 202 is amended by adding the following definitions to that section:

ADMINISTRATOR. Shall mean the Fire Chief or his or her authorized representative.

AERIAL PRE-PLANS. An overhead layout of a parcel containing structure(s) that identifies specific first responder related items to assist in effectively managing incidents and events for the protection of occupants, responding personnel, property, and the environment. The pre-plan shall be developed in accordance with a format approved by the District. Pre-plan symbols shall comply with the format approved by the District.

ALL-WEATHER DRIVING SURFACE. A roadway with a minimum surface finish that is designed to carry the imposed weight loads of fire apparatus.

AUTOMOBILE DISMANTLING OR WRECKING YARD. The operation of dismantling or removing parts from salvaged vehicles including engines or engine parts.

AUTOMOBILE WRECKING YARD. An area that stores or dismantles salvaged vehicles.

BOARD OF DIRECTORS. The governing body of the District.

COMBUSTIBLE MATERIAL. Rubbish, litter, or material of any kind, other than hazardous vegetation, that is combustible and endangers the public safety by creating a fire hazard as determined by the fire code official.

DEFENSIBLE SPACE. The area adjacent to a structure or dwelling as determined by the fire code official where wildfire prevention or protection practices are implemented to provide the key point of defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas.

FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term that includes, but is not limited to a fire lane, public street, private street, driveway, parking lot lane, and access road.

FIREBREAK. A continuous strip of land upon and from which all combustible material, hazardous vegetation, or other growth has been removed to bare mineral soil to stop or prevent the extension of fire from one area to another.

FIRE TRAIL. A graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and assist in preventing a surface extension of fires. Must be able to support the safe travel of a Type 3 Fire Apparatus.

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Packet Pg. 163 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
6 FUEL BREAK. A strategically located block or strip, on which a cover of dense, heavy, or combustible vegetation has been changed to one of lower fuel volume or reduced combustibility as an aid to fire control. Fuel breaks require annual and recurring maintenance.

HAZARDOUS VEGETATION. Vegetation that is combustible and endangers the public safety by creating a fire hazard, including but not limited to seasonal and recurrent grasses, weeds, stubble, brush, dry leaves, dry needles, dead, dying, or diseased trees, and any other vegetation as determined by the fire code official.

KEY BOX OR KNOX BOX. A UL (Underwriters Laboratory) Listed box, the size and style of which is approved by the fire code official, that meets the requirements of, and uses the same security key code adopted by, the District.

LADDER FUEL. Fuel that provides vertical continuity between surface fuel and canopy fuel strata, increasing the likelihood that fire will carry from surface fuel into the crowns of shrubs and trees.

NEW CONSTRUCTION. Any new structure that requires a building permit or any construction that meets this code’s definition of a substantial addition or a substantial alteration shall be deemed new construction.

NUISANCE FIRE ALARM. The activation of any fire protection or alarm system which results in the response of the District and is caused by malfunction, improper maintenance, negligence, or misuse of the system by an owner, occupant, employee, or agent, or any other activation not caused by excessive heat, smoke, fire, or similar activating event.

PARCEL. A legal lot of any size.

PERSON. Includes any agency of the county, city or district or any other public agency and any individual, firm, association, partnership, business trust, corporation, limited liability company, or company.

PUBLIC NUISANCE. A declaration by the fire code official that the presence of combustible material or hazardous vegetation on any parcel creates a fire hazard or threat to public safety (Health and Safety Code Sections14875 and 14876) or any violation of this code.

RESPONSE TIME. The elapsed time from receipt of call to the arrival of the first unit on scene.

RUBBISH. Waste matter, litter, trash, refuse, debris, and dirt on streets, public property or private property in the District which is, or when dry may become, a fire hazard. See combustible material.

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Packet Pg. 164 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
7 SPRINKLER ALARM AND SUPERVISORY SYSTEM (SASS). A dedicated function fire alarm system located at the protected premises installed specifically to monitor sprinkler water-flow alarm, valve supervisory, and general trouble conditions where a building fire alarm is not required.

STREETS. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public right of ways, private road, public road, paper street, and easements.

SUBSTANTIAL ADDITION. The addition of new gross floor area that exceeds fifty percent of the existing gross floor area or the addition of new gross floor area that results in the building having a gross floor area of 3,600 sq. ft. or greater.

SUBSTANTIAL ALTERATION. Fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.

TEMPORARY FIRE APPARATUS ACCESS ROAD FOR CONSTRUCTION. A temporary roadway for emergency vehicle use during construction of residential subdivision projects that is approved by the fire code official.

TEMPORARY WATER SUPPLY. Water stored for firefighting purposes in an aboveground tank approved by the fire code official during combustible construction.

TREE LITTER. Any limbs, bark, branches, and/or leaves in contact with other vegetation or left to gather on the ground.

Chapter 3 General Requirements.

Section 324 is added to read:
324. Sale or transfer of property. Before the close of escrow, the seller shall provide to the buyer documentation from the fire chief or fire code official stating that the property is currently in compliance with the defensible space regulations in Chapter 49 of the California Fire Code, and the Moraga-Orinda Defensible Space Ordinance. The fire code official shall have discretion to accept alternate means and measures in the event completion of the required work will delay the sale or transfer of property.

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Packet Pg. 165 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
8 Chapter 4. Emergency Planning and Preparedness.

Section 401.5.1 is added to read:
401.5.1 Nuisance Fire Alarm. A fee may be charged for nuisance fire alarms in accordance with a fee schedule adopted by the Board of Directors.

Section 401.10 is added to read:
401.10 Aerial Pre-Plans. For all new construction, the fire official is authorized to require a fire aerial pre-plan to be prepared by an approved vendor.

Section 403.11.1 is amended to read:
403.11.1 Standby Personnel. Where, in the opinion of the fire code official or fire chief, it is essential for public safety in a place of assembly, or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, or activity, the owner, agent, or lessee shall provide standby personnel as required and approved by the fire code official or fire chief. If the activity requires fire watch, fire watch shall be provided in accordance with Sections 403.11.1.1 and 403.11.1.2. Standby personnel needed for EMS standby shall be provided in accordance with Contra Costa County EMS Protocols.

Chapter 5. Fire Service Features.

Section 503.1.4 is added to read:
503.1.4 Access to open spaces. When access to open land/space or fire trail systems maintained for public or private use is obstructed by new development or construction of any kind, the developer or owner of the parcel shall provide alternate acceptable access into the area that is sufficient to allow access for fire personnel and apparatus. The alternate means of access requires the approval of the fire code official.

Section 503.1.5 is added to read:
503.1.5 Existing fire trail systems shall be maintained. When conditions make maintenance of existing trails impractical, alternate means of access shall be provided by the owner of the parcel and the alternate means of access must be approved by the fire code official.

Section 503.2.1 is amended to read:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 28 feet (8,534.4 mm), exclusive of shoulders, except for approved security gates in accordance with section 503.6, and an unobstructed vertical clearance of not less than 15 feet (4,572mm).

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Packet Pg. 166 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
9 Section 503.4.1 is added to read:
503.4.1 Traffic calming devices. Traffic calming devices shall be prohibited in all VHFHSZ. All fire apparatus access roads approved for traffic calming devices shall have a second unobstructed means of egress for evacuations. All applications for traffic calming devises shall provide the following information:

1. Traffic volume.

2. Posted speed limit.

3. Number of accidents in the three previous years attributed to excessive speed.

4. The Traffic Engineer’s determination that the site is suitable.

5. Summary of education efforts.

6. Summary of enforcement efforts.

7. Number of citations or warning issued.

Section 506.1.3 is added to read:
506.1.3 Knox Rapid Entry System key box contents. The key boxes shall contain, but not be limited to, the following items as designated by the fire code official.

1. Labeled keys to locked points of egress, whether in interior or exterior of the building or buildings.

2. Labeled Keys to the locked mechanical rooms.

3. Labeled keys to any fence or secured areas not covered in Section 506.1.

4. Labeled keys to any other areas that may be required by the fire code official.

5. A card containing the names and telephone numbers for the emergency contact people for each occupancy.

6. Hazardous Safety Data Sheet (SDS).

7. Aerial pre-plan.

Chapter 6. Building Services and Systems.

Section 605.3.1 is added to read:
605.3.1 Spark Arrestors. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrestor California Building Code Section 2113.9.2.

Chapter 9. Fire Protection Systems.

Section 901.6.3.2 is added to read:
901.6.3.2 Records. Records of all system inspections, tests, and maintenance required by the reference standards shall be submitted to a third-party electronic record keeping service as chosen by the District.

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Packet Pg. 167 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
10 Section 902.1 is amended to add:

SUBSTANTIAL ALTERATION. Fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed, replaced, or added within a one-year period.

Section 903.1 is amended to read:
903.1 General. Automatic sprinkler systems shall comply with this section. For the purposes of this section, fire walls shall not be considered as creating separate buildings. An automatic sprinkler system shall be provided for all new buildings with a gross floor area that exceeds 5,000 square feet, and in the locations set forth in Section 903.

Exception: Group U occupancies.

Section 903.2.1.1 is amended to read:
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The fire area contains a multi-theater complex.

Section 903.2.1.3 is amended to read:
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The structure exceeds 10,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.

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Packet Pg. 168 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
11 Section 903.2.1.4 is amended to read:
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

Section 903.2.1.8 is added to read:
903.2.1.8 Group B. An automatic sprinkler system shall be provided for Group B occupancies and intervening floors of the building where the fire area exceeds 5,000 square feet.

Section 903.2.3 is amended to read:
903.2.3 Group E. An automatic sprinkler system shall be provided for new Group E occupancies as follows:

1. Throughout all Group E fire areas greater than 2,000 square feet in area.

Exception: An automatic sprinkler system is not required in any Group E Day Care Facility less than 5,000 square feet.

2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies.

Exception: In buildings where every classroom has not fewer than one exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area.

3. The Group E fire area has an occupant load of 300 or more.

4. In rooms or areas with special hazards such as laboratories, vocational shops, and. other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored.

5. Throughout any Group E structure greater than 4,000 square feet in area, which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.

6. For public school state-funded construction projects, see Section 903.2.19.

7. For public school campuses, Kindergarten through 12th grade, see Section 903.2.20.

Section 903.2.4 is amended to read:
903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

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Packet Pg. 169 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
12 1. A Group F-1 fire area exceeds 5,000 square feet.

2. A Group F-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group F-1 occupancy is used for the manufacture of upholstered furniture or mattresses exceeding 2,500 square feet.

Section 903.2.4.4 is added to read:
903.2.4.4 Group F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-2 occupancy greater than 5,000 square feet.

Section 903.2.7 is amended to read
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:

1. A Group M fire area exceeds 5,000 square feet.

2. A Group M fire area is located more than three stories above grade plane.

3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 5,000 square feet.

4. A Group M occupancy is used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet.

5. The structure exceeds 5,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.

Section 903.2.8 is amended to read:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all Group R occupancies. An automatic sprinkler system shall be installed in new manufactured homes, new mobile homes, and multifamily manufactured homes with two dwelling units, including those located in mobile home parks, in accordance with Title 25 of the California Code of Regulations.

Section 903.2.8.1.1 is added to read:
903.2.8.1.1 Group R-3 Substantial Addition or Alteration. An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where either of the following occurs:

1. Substantial Addition. The addition of new gross floor area that exceeds fifty percent of the existing gross floor area or the addition of new gross floor area that results in the building having a gross floor area of 3,600 sq. ft. or greater.

2. Substantial Alteration. Fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed, replaced, or H.3.a
Packet Pg. 170 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
13 added within a one-year period.

Section 903.2.9 is amended to read:
903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

1. A Group S-1 fire area exceeds 5,000 square feet.

2. A Group S-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group S-1 occupancy is used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet.

Section 903.2.9.1 is amended to read:
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown:

1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet.

2. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet.

3. Buildings with repair garages servicing vehicles parked in basements.

4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet or any tenant improvement to the structure exceeds 49% of the S-1 area.

Section 903.2.10.1 is amended to read:
903.2.10. Group S-2 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exists:

1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet.

2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups.

Exception: Enclosed parking garages located beneath Group R-3 occupancies.

3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 48,000 square feet.

Section 903.2.10.3 is added to read:
903.2.10.3 Group S-2 low hazard storage. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy exceeding 5,000 square feet.

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Packet Pg. 171 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
14 Section 903.2.11.3 is amended to read:

Section 903.2.11.3 Buildings 35 feet or more in height. An automatic fire extinguishing system shall be installed in all occupancies regardless of type of construction, floor area, or occupancy load if the building is three stories or more than 35 feet in height measured in accordance with the California Building Code, Chapter 5.

Section 903.2.11.7 is added to read:
903.2.11.7 High-piled storage. An automatic sprinkler system shall be provided throughout buildings containing high-piled combustible storage.

Exception: An automatic sprinkler system is not required for 500 square feet or less, including aisles, of high-piled storage.

Section 903.2.22 is added to read:
903.2.22 Fire Department Delivery Capability. An automatic fire sprinkler shall be installed in all new buildings and occupancies, or in existing buildings or structures that change occupancy classification or use, when the required fire flow exceeds 2,000 gallons per minute.

Section 903.3.1.1.4 is added to read:
903.3.1.1.4 Undeclared Use. In buildings of undeclared use with floor to structure height greater than 14 feet, the fire sprinkler system shall be designed to conform to Extra Hazard Group I design density. In buildings of undeclared use with floor to structure height less than 14 feet, the fire sprinkler system shall be designed to conform to Ordinary Group II design density. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner occupant to upgrade the system.

Section 903.3.1.3.1 is added to read:
903.3.1.3.1. Eave protection. Sprinkler protection shall be provided under roof eaves (as defined in California Building Code Section 702A) in Fire Hazard Severity Zones and Wildland Urban Interface Fire Areas.

Section 903.3.1.3.2 is added to read:
903.3.1.3.2 Pipe limitations. Where CPVC pipe is installed above the insulation or is otherwise located in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

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Packet Pg. 172 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
15 Section 903.3.5.3 is added to read:
903.3.5.3 Non-permissible water supply storage. Swimming pools and ponds shall not be considered water storage for the purposes of Section 903.3.5.

Section 903.3.9 is amended to read:
903.3.9. Floor control valves. Individual floor control valves and water flow detection assemblies shall be provided for each floor in multi-floor buildings at an approved location.

Exception: Group R-3 and R-3.1 Occupancies.

Section 903.4.2 is amended to read:
903.4.2 Alarms. One approved audible and visual device shall be connected to every automatic sprinkler system at an approved location. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Audible and visual alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Section 903.6.1 is added to read:
903.6.1 Substantial additions and alterations. An automatic sprinkler system shall be provided throughout all existing R-3 Occupancy buildings where a substantial addition or substantial alteration occurs. Group R-3 substantial additions or alterations shall comply with Section 903.2.8.1.1.

Section 903.6.2 is added to read:
903.6.2 Change of occupancy classification. Any existing building that undergoes a change of occupancy classification into a higher hazard category shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall be established based upon the Heights and Areas Hazard Categories of Table 1011.5 of the current edition of the International Existing Building Code, as published by the International Code Council. The requirements of Section 903.2 shall not be required when a change of occupancy classification is made to an equal or lesser hazard category. Group L occupancies shall be considered a relative hazard of 1 (highest hazard).

Section 905.3.1, item 2, is amended to read:
905.3.1 Height.

2. Any building three (3) stories in height shall have a Class I standpipe installed that is interconnected with the fire sprinkler system.

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Packet Pg. 173 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
16 Section 905.4, item 1, is amended to read:
905.4 Location of Class I standpipe hose connections.

1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at the intermediate floor landings unless otherwise approved by the fire code official. See Section 909.20.2.3 of the California Building Code for additional provisions in proof enclosures.

Exception: A single hose connection shall be permitted to be installed in the open corridor or open breezeway between stairs that are not greater than 75 feet (22,860mm) apart.

Section 907.4.4 is added to read:
907.4.4 Monitoring of other fire systems. In buildings equipped with a fire alarm system or sprinkler alarm and supervisory service (SASS) system, where other fire suppression or extinguishing systems are installed in the building (including, but not limited to, commercial kitchen suppression systems, pre-action fire suppression systems, dry chemical systems, and clean agent systems), these other suppression systems shall be monitored by the SASS dedicated function fire alarm system and transmitted as a specific signal to the Central Station. The system shall be monitored in compliance with Section 907.6.6.

Section 907.5.2.3.1 is amended to read:
907.5.2.3.1 Public use and common use areas. Visible alarm notification appliances shall be provided in public use areas and common use areas, including but not limited to:

1. Sanitary facilities including restrooms, bathrooms, shower rooms, and locker rooms.

2. Corridors, hallways, and aisles with shelving and/or fixtures obstructing the required light intensity for that area.

3. Music practice rooms.

4. Band rooms.

5. Gymnasiums.

6. Multipurpose rooms.

7. Occupational shops.

8. Occupied rooms where ambient noise impairs hearing of the fire alarm.

9. Lobbies.

10. Meeting/Conference rooms.

11. Classrooms.

12. Medical exam rooms.

13. Open office areas.

14. Sales floor areas.

15. Break or lunchrooms.

16. Copy or work rooms.

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17 17. Computer server rooms exceeding 200 sq. ft.

18. File or storage rooms exceeding 200 sq. ft.

Section 907.6.6 is amended to read:
907.6.6 Monitoring of fire alarm systems. A fire alarm system required by this chapter, or by the California Building Code, shall be monitored by a UL-listed Central Station service in accordance with NFPA 72 and this code.

Exceptions: Monitoring by a UL-listed central station is not required for:

1. Single- and multiple-station smoke alarms required by Section 907.2.10.

2. Group 1-3 occupancies, which shall be monitored in
accordance with Section 907.2.6.3.

3. Residential Day Care Facilities (occupancy load of 14 or less).

4. One- and two-family dwellings.

5. Residential Care Facilities licensed by the state with an occupant load of 6 or less.

6. Occupancies with local fire alarm systems that will give an audible and visible signal at a constantly attended location, as approved by the fire code official.

Section 907.6.7 is added to read:
907.6.7 Certification. New fire alarm systems shall be UL-Certified. A Certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations. It is the responsibility of the building owner or owner's representative to obtain and maintain a current and valid Certificate.

Section 907.6.7.1 is added to read:
907.6.7.1 Posting of Certificate. The UL Certificate shall be posted in a durable transparent cover within three feet of the fire alarm control panel within 45 days of the final acceptance test/inspection.

Chapter 10. Means of Egress.

Section 1028.5.1 is added to read:
1028.5.1 Exit discharge surface. Exterior exit pathway surfaces shall be suitable for pedestrian use in inclement weather and shall terminate at a public way as defined in the California Building Code.

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Packet Pg. 175 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
18 Chapter 33. Fire Safety during Construction and Demolition.

Section 3303.1.2 is added to read:
3303.1.2 Amendments. Amendments may be required to an approved site safety plan if deemed necessary by both the building official and fire official based on previous fires or hazards that occurred on site or within the District.

Section 3303.1.3 is added to read:
3303.1.3 Site Security requirements. Site security requirements shall include the following if deemed necessary by both the building official and fire code official:

1. Controlled access points.

2. Site fencing, up to 12 feet in height with tamper sensors and security wires on top.

3. Security guards, full-time 24/7 presence on-site, to perform fire watch and patrols.

4. Detection check points located throughout the buildings for fire watch and patrol verification.

5. Security camera coverage throughout the site with motion detection notifications.

6. Identify measures taken to prevent tampering with security cameras and motion sensors.

7. Necessary lighting throughout the project site.

Section 3319 is added to read:

Section 3319 Asbestos Removal.
3319.1 General. Operations involving removal of asbestos or asbestos-containing materials from buildings shall be in accordance with Section 3319.

Exceptions: Section 3319 does not apply to the removal of asbestos from:

1. Pumps, valves, gaskets, and similar equipment.

2. Pipes, ducts, girders, or beams that have a length less than 21 linear feet (6400 mm).

3. Wall or ceiling panels that have an area of less than 10 square feet (0.93 m2) or a dimension of less than 10 linear feet (3048 mm).

4. Floor tiles when their removal can be completed in less than four hours.

5. Group R-3 occupancies.
3319.2 Notification. The fire code official shall be notified 24 hours prior to the commencement and closure of asbestos-removal operations. The permit applicant shall notify the building official when asbestos abatement involves the removal of materials that were used as a feature of the building's fire resistance.

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Packet Pg. 176 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
19 3319.3 Plastic Film. Plastic film that is installed on building elements shall be flame resistant as required for combustible decorative material, in accordance with Section 807. 3319.4 Signs. Approved signs shall be posted at the entrance, exit and exit-access door, decontamination areas, and waste disposal areas for asbestos-removal operations. The signs shall state that asbestos is being removed from the area, that asbestos is a suspected carcinogen, and that proper respiratory protection is required. Signs shall have a reflective surface. Lettering shall be a minimum of 2 inches (51 mm) high.

Chapter 50. Hazardous Materials - General Provisions.

Section 5001.5.1, is amended to add items 10 and 11 to read:
5001.5.1 Hazardous Material Management Plan (HMMP). Where required by the fire code official, an application for permit shall include an HMMP. The HMMP shall include an aerial preplan of the facility to designate the following:

10. Fire Department related safety equipment including:

A. Fire alarm control panel (FACP)
B. Sprinkler riser
C. Fire department connection (FDC)
D. Knox Box location
E. Gas valve shutoff
F. Electrical main shutoff
G. Water shutoff
H. Elevator equipment room

11. A Site Fire/Explosion/Hazardous Material Release Analysis Assessment. A Fire Protection Engineer (FPE)-stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility. Refer to NFPA 550 & 551 for references.

Section 5001.5.3 is added to read:
5001.5.3 Emergency response support information. Floor plans, material safety data sheets, Hazardous Materials Management Plans (HMMP), Hazardous Material Inventory Statements (HMIS), and other information must be stored at a readily accessible location as determined by the fire code official. This location may be in cabinets located outside of facilities or buildings.

Information may be required to be maintained in a specific electronic media format to facilitate computer-aided dispatching.

Section 5003.9.1.2 is added to read:
5003.9.1.2 Documentation. Evidence of compliance with provisions of this chapter as well as with H.3.a
Packet Pg. 177 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
20 state and federal hazardous material regulations shall be maintained on site and available for inspection by fire department personnel.

Chapter 53. Compressed Gasses.

Section 5307.2 is amended to delete exception number 1.

Section 5307.3.2.1 is amended to read:
5307.2.1 Gas detection system. Indoor storage and use areas and storage buildings shall be provided with a gas detection system complying with Section 916.

Section 5307.4.3 is amended to read:
5307.4.3 Gas detection system. A gas detection system complying with Section 916 shall be provided in rooms or indoor areas in which the carbon dioxide enrichment process is located, in rooms or indoor areas in which container systems are located, and in other areas where carbon dioxide is expected to accumulate. Carbon dioxide sensors shall be provided within 1 inch (305 mm) of the floor in the area where the gas is expected to accumulate, or leaks are most likely to occur. The system shall be designed as follows:

1. Activates a low-level alarm upon detection of a carbon dioxide concentration of 5,000 ppm.

2. Activates a high-level alarm upon detection of a carbon dioxide concentration of 10,000 ppm.

Chapter 56. Explosives and Fireworks.

Section 5601.1.3 is amended to read:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks within all areas of Contra Costa County are prohibited.

Exceptions:

1. Storage and handling of fireworks by a public safety agency.

2. The use of fireworks for fireworks displays pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.

3. Snap caps and party poppers classified by the State Fire Marshal as pyrotechnic devices.

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Packet Pg. 178 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
21 Section 5601.2.2 is amended to read:
5601.2.2 Sale and retail display. No person shall construct a retail display or offer for sale any explosives, explosive materials, or fireworks within the District.

Exception:Snap caps and party poppers classified by the State Fire Marshal as pyrotechnic devices.

Section 5601.2.4 is amended to read as follows:
5601.2.4 Financial responsibility. Before a permit is issued pursuant to Section 5601.2, the applicant shall file with the District a corporate surety bond in the principal sum of $2,000,000, or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement.

Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6. See Section 5608.

Chapter 57. Flammable and Combustible Liquids.

Section 5703.3.1 is added to read:
5703.3.1 Facility Fire/Explosion/Hazardous Material Release Analysis Assessment. A Fire Protection Engineer (FPE)-stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility when required by the fire official. Refer to NFPA 550 & 551 for references.

Section 5704.2.9.6.1 is amended to read:

Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses.

Exception:Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and on an individual basis as approved by the fire code official. Tank size shall not exceed 1,000 gallons for any class of liquids.

Section 5706.2.4.4 is amended to read:

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Packet Pg. 179 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
22 Section 5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks is prohibited in all zoning districts except district zoned for commercial, industrial, or agricultural uses.

Chapter 58. Flammable Gasses and Flammable Cryogenic Fluids.

Section 5806.2 is amended to read as follows:
5806.2 Limitation. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use.

Exception: Liquid hydrogen fuel systems in compliance with Section 5806.3 or 5806.4.

Chapter 61. Liquefied Petroleum Gases.

Section 6103.2.1.7 is amended to read:
6103.2.1.7 Use for food preparation. Individual portable LP-gas containers used, stored, or handled inside a building classified as a Group A, Group B, or Group M occupancy for the purposes of cooking, food display, or a similar use, shall be limited in size to one quart capacity and shall be of an approved type. The number of portable containers permitted will be at the discretion of the fire code official. LP-gas appliances used for food preparation shall be listed for such use in accordance with the California Mechanical Code and NFPA 58.

Section 6104.2 is amended to read:
6104.2 Maximum capacity within established limits. The storage of liquefied petroleum gas is prohibited in any central business district and in all zoning districts except districts zoned for commercial, industrial, rural, or agricultural uses. The aggregate capacity of any one installation used for the storage of liquefied petroleum gas shall not exceed a water capacity of 2,000 gallons (7570 L).

Chapter 80. Referenced Standards.

Chapter 80 is amended by adding the following referenced standards:

NFPA 3 (2015): Recommended Practice for Commissioning of Fire Protection and Life Safety Systems
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23 NFPA 850 (2015): Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations
Chapter 80 is further amended by amending the NFPA 13D (2016) (Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes) standard as follows:

Section 7.7.1 is added, to read:

7.7.1 Where CPVC pipe is installed above the normal insulation in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Section 8.3.5.1.2 is amended to read:

8.3.5.1.2 Where fuel-fired equipment is below or on the same level as occupied areas of the dwelling unit, at least one quick-response intermediate temperature sprinkler shall be installed above the equipment or at the wall separating the space with the fuel-fired equipment from the occupied space. In unconditioned spaces, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Appendix B. Fire-Flow Requirements for Buildings.

Table B105.2 is amended to read:

TABLE B105.2
Required Fire-Flow for Buildings Other Than
One- and
Two-Family Dwellings, Group R-3 and R-4
Buildings and Townhouses

AUTOMATIC

SPRINKLER SYSTEM
(DESIGN STANDARD)
MINIMUM FIREFLOW (GALLONS PER

MINUTE)

FLOW DURATION
(HOURS)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
Section 903.3.1.2 of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
For SI: 1 gallon per minute = 3.785 Lim
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.

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Packet Pg. 181 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
24 Appendix C. Fire Hydrant Locations and Distribution.

Table C102.1 is amended as follows:

The title of Table C102.1 is amended to read:

TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS (footnotes h and j)
The heading of the fourth column of Table C102.1 is amended to read:

MAXIMUM DISTANCE FROM ANY POINT ON STREET OR ROAD FRONTAGE TO A HYDRANT (d, f, g, i)
Footnotes "i" and "j" are added to Table C102.1, to read:
i. A fire hydrant shall be provided within 250 feet of a fire trail access point off a public or private street.
j. For infill projects within existing single-family residential developments, Section 507.5.1 applies.

Appendix D. Fire Apparatus Access Roads.

Section D102.1 is amended to read:

D102.1 Access and loading. Facilities, buildings, or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved all-weather driving surface capable of supporting the imposed load of fire apparatus weighing at least 74,000 pounds(34,473 kg) in accordance with Caltrans Design Standard HS- 20-

44. Exception: Driveways serving one or two single-family dwellings may be constructed of an alternate surface material, providing the imposed weight load design minimums are met and the grade does not exceed 10 percent.

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Packet Pg. 182 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
25 Figure D103.l is amended to read:

Section D103.2 is amended to read:

D103.2 Grade. Fire department access roads having a grade of between 16 percent and 20 percent shall be designed to have a finished surface of grooved concrete sufficient to hold a 44,000-pound (19,958 kg) traction load. The grooves in the concrete surface shall be ½ inch (13 mm) wide by ½ inch (13 mm) deep and 1 ½ inch (38 mm) on center and set at a 30 to 45 degree angle across the width of the roadway surface. No grade shall exceed 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing by the fire code official.

Section D103.2.1 is added, to read:

D103.2.1 Angles of approach and departure. The angles of approach and departure for any means of access shall not exceed 10 percent at 10 feet of the grade break.

Section D103.3 is amended to read:

D103.3 Turning radius. Based on a minimum unobstructed width of 28 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of 28 feet (8,534.4 mm) inside and 48 feet (14,630.4 mm) outside.

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Packet Pg. 183 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
26 Table D103.4 is amended to read:

Table D103.4

REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS
LENGTH
(feet)

MINIMUM
WIDTH
(feet)
.

TURNAROUNDS REQUIRED
0-150 28 None required
151 -
750
28 100-foot Hammerhead, 90-foot-diameter cul-de-sac, or 50-foot “Y” configuration in accordance with figure
D103.1
Over 750 Special approval
required
a. A driveway with a minimum width of 18 feet is acceptable for access to no more than two dwelling units. Parking is not permitted on the roadway. b. Any fire apparatus access roadway or driveway that is approved to be more than 750 feet in length and less than 28 feet wide shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations approved by the fire code official. Each outset or turnout shall be of the following dimensions: an 8-foot-wide turnout that extends at least 40 feet in length.

Section D103.5 is amended to add Criteria 9:

9. All gates shall be installed and located a minimum of 30 feet off the street.

Section D103.6.1 is amended to read:

D103.6.1 Roads less than 28 feet in width. Fire apparatus access roads less than 28 feet wide shall be posted on both sides as a fire lane.

Section D103.6.2 is amended to read:

D103.6.2 Roads 28 feet in width or greater, but less than 36 feet in width. Fire apparatus access roads 28 feet wide or greater, but less than 36 feet wide, shall be posted on one side of the road as a fire lane.

Section D105.2 is amended to read:

D105.2 Width. Aerial Access. Aerial access roads shall have a minimum width of 36 feet (10973 mm) exclusive of shoulders, in the immediate vicinity of the building or portion thereof. Aerial access is required when building height is 30 feet or greater.

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Packet Pg. 184 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
27 Section D106.1. is added to read:

D106.1. Required fir apparatus access roads for residential developments. The minimum number of access roads serving residential development(s) shall be based upon the number of dwelling units served as follows:

1. 1-20 units, one public or private fire apparatus access road.

2. 21-50 units, two public or private fire apparatus access road as approved by the fire code official.

3. 51-101+ units, three or more public or private fire apparatus access roads as approved by the fire code official.

4. Nothing in this section shall be construed to limit the creation of accessory dwelling units that are otherwise authorized by law.

Section D106.2 is deleted in its entirety.

SECTION 3. REPEAL OF CONFLICTING ORDINANCES.

Ordinance 20-01, adopting and amending the California Fire Code (2019 Edition) is hereby repealed.

SECTION 4. SEVERABILITY.

If any section, subsection, paragraph, sentence, or clause of this ordinance is determined in a final ruling by a court of competent jurisdiction to be invalid or unenforceable, such finding shall not invalidate any remaining portions of the ordinance. The Board hereby declares that it would have adopted this ordinance, and each section, subsection, sentence, or clause thereof, irrespective of the fact that any portion of the ordinance be declared invalid.

SECTION 5. DATE OF EFFECT.

This ordinance shall become effective on , 2023, and within fifteen (15) days of passage shall be published once with the names of the Directors voting for and against it, in the Contra Costa Times, a newspaper of general circulation in this District. Passed and Adopted on , 2023, by the following vote:

PASSED, APPROVED and ADOPTED this XXth day of , 2023 at the regular meeting of the District Board of Directors held virtually on , 2023, on a motion made by Director , seconded by Director , and duly carried with the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Packet Pg. 185 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) ORDINANCE NO. 2023-01
28 ORDINANCE 23-XX
ATTEST:
____________________________
, President
Board of Directors
ATTEST:
____________________________
Marcie Holbrook
District Secretary/District Clerk
APPROVED AS TO FORM:
_____________________________
Jonathan V. Holtzman
District Counsel
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Packet Pg. 186 Attachment: MOFD 2022 Fire Code Adopt Amend (11-17-2022 HS 13869.7) (2987 : Proposed 2023 Fire Code Update Review) Moraga-Orinda Fire District
Fire Code
Findings of Fact
Finding of Fact:

Pursuant to Sections 13869.7, 18941.5, 17958.7, and 17958.5 of the California Health and Safety Code, the Moraga-Orinda Fire District (Fire District) finds that amendments to the California Fire Code, 2022 Edition, are reasonably necessary due to climatic, geologic, and topographical conditions (the “Conditions”) which exist in the Fire District.

The Fire District’s Ordinance No. 23-01, which adopts the California Fire Code, 2022 Edition, contains specific amendments that are more restrictive in nature than those adopted by the State Fire Marshal and contained in the California Building Standards Code.

These local amendments to the California Fire Code, 2022 Edition, have been developed by the Fire District as a tool for addressing the Conditions within the Fire District, and will establish and maintain an environment for a high level of fire and life safety to all persons who work and live within the Fire District’s boundaries.

The Conditions are as follows:

1. Climatic Conditions
Ever-changing climatic conditions have increased the risk and severity of fires in the Fire District. Local climatic conditions of limited rainfall, low humidity, high temperatures, and high winds along with existing building construction and landscaping create extremely hazardous fire conditions that adversely affect the potential fire line intensity, spread rates, and size of fires in the Fire District. The same climatic conditions may result in the concurrent occurrence of multiple fires in the Fire District and throughout the region resulting in inadequate fire district personnel to protect against and control these fires.

The Fire District is the gateway to central Contra Costa County. It is located amongst rolling hills and valleys created by the Berkeley/Oakland hills to the west and open plains of central Contra Costa County to the east. Due to its location, the Fire District’s climate is more varied than that of its neighbors. The Fire District receives slightly more rainfall than areas further inland, and often, during the summer months, portions of the Fire District are enveloped in fog as the heat in the Central Valley draws cool air in from the San Francisco Bay. However, the Fire District also experiences the hot, dry summer weather that is characteristic of central Contra Costa County. This climate has promoted the growth of native grasslands, chaparral, oaks, and other indigenous plant species for the area. The climate has encouraged development in the Fire District, with the addition of primarily residential areas surrounded by large numbers of non-indigenous plant species. Due to the systematic exclusion of naturally occurring fire for over 100 hundred years and a reduction in historical grazing activity as pasture has been developed, these indigenous and non-indigenous plant species have created significant fuel loads throughout the Fire District. Due to the location of the Fire District in proximity to the Oakland/Berkeley Hills, in the fall, the hot dry summer weather gives way to Diablo Wind events characterized by high winds and very low relative humidity. These conditions have contributed to major fire H.3.b
Packet Pg. 187 Attachment: Draft Findings of Fact - Fire Code (2987 : Proposed 2023 Fire Code Update Review) loss in the region and throughout the state, with 17 of the 20 most destructive fires in California history occurring in the fall. The Fire District is exposed to more of these wind events as climate change has delayed the onset of the rainy season, thus increasing the risk of major fires.

In September 1923, during critical climatic fire conditions, a fire started in the wilderness lands of the Fire District’s northern area. This fire spread into the city of Berkeley and, within two hours, was attacking houses within the City limits. A total of 130 acres of builtup territory burned. 584 buildings were wholly destroyed, with roughly 30 others seriously damaged. At this time, this was the most destructive fire in California history.

In September 1970, during critical climatic fire conditions characterized by hot, dry winds out of the northeast, a fire started along Fish Ranch Road and Grizzly Peak. This fire rapidly spread into the surrounding neighborhoods of Oakland, burning 400 acres and destroying 37 homes. An additional 18 homes were badly damaged before the fire was brought under control.

In August 1988, during critical climatic fire conditions, a small fire started near Crestview in Lost Valley and within minutes destroyed 5 homes. This fire’s spread rate was increased by the prevalence of light flashy fuels, and steep slopes in alignment with strong winds.

In October 1991, a disastrous firestorm burned through the Oakland hills from an ignition point just west of the Fire District’s border. Within the first few hours, thousands of people were evacuated. Ultimately over 3,000 dwelling units were destroyed in what replaced the 1923 fire as the most destructive fire in California history.

On October 27, 2019, sustained single-digit relative humidity and 30+ mph winds created explosive fire conditions throughout the region. On the same day that the Kincade fire burned in Sonoma County, five major fires broke out in Contra Costa County. Three of these fires burned in proximity to the Fire District in Lafayette, Crockett, and Martinez and resulted in the depletion of available mutual aid resources as available firefighting units were committed to each new fire.

Throughout the Fire District, homes are surrounded by heavy vegetation with interspersed open areas, creating a semi-rural character. The resulting exposure to wildfire risk is increased by the negative effects of high wind conditions during the fire season. During May to October, critical climatic fire conditions regularly occur when the temperature exceeds 80F, wind speed is greater than 15 mph, fuel moisture is less than or equal to 10 percent, wind direction is from north to the east-southeast, and the ignition component is 65 or greater. These conditions occur more frequently during the fire season, but this does not preclude the possibility that a serious fire could occur during other months of the year.

The critical climate fire conditions create a situation conducive to rapidly moving, highintensity fires. Fires starting in the wildland areas along the northern border are likely to move rapidly southward into the populated areas creating the potential for significant property loss and a very challenging evacuation problem.

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Packet Pg. 188 Attachment: Draft Findings of Fact - Fire Code (2987 : Proposed 2023 Fire Code Update Review)

2. Geological Conditions
Local geological conditions include high potential for seismic activity. The Fire District is made up of built-up suburban areas having buildings and structures constructed near three major fault systems capable of producing major earthquakes. The Fire District’s amendments to the 2022 Fire Code are intended to better limit life safety hazards and property damage in the aftermath of seismic activity.

The Fire District is in a region of high seismic activity with the Hayward fault running just west of its border. The San Andreas fault is farther to the west and the Calaveras Fault to the east. All three faults are known to be active, as evidenced by the damaging earthquakes they have produced in the last 100 years, and they can be expected to do damage in the future. Of primary concern to the Fire District is the Hayward Fault, which has been estimated to be capable of earthquakes exceeding a magnitude of 7.0 on the Richter scale. A large number of underground utilities cross the fault, including major water supply lines. Intensified damage during an earthquake may be expected in slide areas, as well as residential hillside areas located within or near the fault zone; some areas are steep and have previously been subjected to slides.

Additional potential events following an earthquake include broken natural gas mains and ensuing fires in the streets, building fires as the result of broken service connection, trapped occupants in collapsed structures, and requirements to render first aid and other medical attention to a large number of residents.

3. Topographical Conditions
Local topographical conditions include hillside housing with many narrow and winding streets with slide potential for blocking roads and limiting firefighting water supply. These conditions create the potential for delays in responding when a major fire or earthquake occurs. Many situations will result in limiting or total blockage of fire district emergency vehicular traffic, overtaxed fire district personnel, and a lack of resources for the suppression of fire in both structures and vegetated areas in the Fire District. In order to mitigate the conditions that hinder the rapid response of suppression resources to a fire, automatic fire-extinguishing systems and other changes to the 2022 Fire Code are required. These requirements will buy time for residents to execute an orderly evacuation while allowing for access by firefighting resources.

The Fire District has many homes that are reached by narrow and winding paved streets, which hamper access for fire apparatus and provide limited evacuation routes for residents. In addition, many of the hillside homes are in outlying areas that require longer response times for the total required firefighting force. El Toyonal, Sleepy Hollow, the Downs, Canyon, and other areas with limited access via narrow and winding streets may face the problem of isolation from the rest of the Fire District and will suffer from the need for two-way traffic as evacuation and suppression response travel in opposite directions over limited roadways.

Effective road widths are further reduced by encroaching vegetation and mid-slope roads built without shoulders. This is particularly pronounced in older neighborhoods of North Orinda, some of which were laid out in the 1920s when vehicles were smaller, codes less stringent, and population density much lower.

H.3.b
Packet Pg. 189 Attachment: Draft Findings of Fact - Fire Code (2987 : Proposed 2023 Fire Code Update Review) Due to steep slopes that characterize many areas of the Fire District, the establishment of infrastructure to support adequate fire protection needs is not feasible. It is difficult to widen existing streets to meet present standards for emergency operations, and fire hydrants, especially in the hillside areas, often have less than optimum water pressure levels.

In summary, portions of the Fire District have limited water supplies or roadways that delay the response of emergency equipment to carry out the extinguishment of a fire allowing the fire to increase in area. In order to mitigate the above situation that hinders the quick response to a fire, built-in automatic fire-extinguishing systems are required over and above state code requirements. The requirement and installation of such a system will allow for occupants to evacuate and allow the fire to be controlled before the Fire District arrives. This control of the fire also eliminates the potential for fire to spread beyond the structure into the vegetation.

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Packet Pg. 190 Attachment: Draft Findings of Fact - Fire Code (2987 : Proposed 2023 Fire Code Update Review) 1 of 2

CITY OF ORINDA
22 Orinda Way, Orinda, CA 94563
(925)253-4210  [email protected]
December 16, 2022
Chief Winnacker
Moraga-Orinda Fire Protection District
1280 Moraga Way
Moraga, CA 94556
RE: Draft Fire Code Ordinance No. 23-01
Dear Chief Winnacker,
Thank you for providing the Proposed Fire Code Ordinance No. 23-01 to the City of Orinda for comment. Orinda Staff have reviewed the proposed updates and our initial comments are provided in this letter. These comments are subject to revision and do not yet reflect feedback from the City Council. We would also like to note that we have not yet been provided the draft Moraga-Orinda Defensible Space Ordinance, which is referred to in the Draft Ordinance No. 23-01, and our comments may be revised based on the content of that Ordinance when provided. • 503.4.1 Traffic Calming Devices
o The City of Orinda has 3 different levels of traffic calming devices. Clarify which traffic calming devices are to be prohibited in all VHFHSZ and in other parts of the City with single access points.
 Speed bump/Speed hump?
 Signage?
 Other physical road modifications (rumble strips)?
 Other?
o Does the proposed traffic calming provision also apply to newly-designated VHFSZs with exiting traffic calming features?
o Orinda staff recommends that physical changes to the road be prohibited; however, staff recommends that non-physical changes (i.e., signage) remain as permitted. o Provide a map that demonstrates which neighborhoods outside the VHFSZ in Orinda to which this prohibition will apply.
 Identify specific streets and which traffic calming devices will be prohibited o Orinda Staff has enclosed a map that indicates areas which Orinda defines as having a single access point.
 Please review this map and provide comment if MOFD agrees with the roads that are identified in this category.

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Packet Pg. 191 Attachment: Staff Fire Code Letter (2987 : Proposed 2023 Fire Code Update Review) City of Orinda Comment Letter on Proposed Fire Code Ordinance No. 23-01 2 of 2
o Retroactivity: Clarify if this prohibition is only applicable to new traffic calming proposals or if changes will be required for roads with existing traffic calming devices in VHFHSZ.
• 903.2.11.3 Buildings 35 feet or more in height
o Provide details on how building height should be measured. City of Orinda measures height in the following ways:
 Height Measurement. The height of a structure shall be measured perpendicular from the existing grade.
 Aggregate Height Measurement. The aggregate height of a structure is a plumb line measurement to the highest roof ridgeline taken from the top of the lowest foundation
• 903.3.1.3.1 Eave Protection
o Clarify if this impact is for new construction only.
o Clarify if this section applies to building additions and if so, based on what thresholds.
• D103.3 Turning Radius
o Provide the rationale for MOFD adopting a different standard than others in the County (28 feet versus 25 feet).
o Clarify if this section applies to new roads, or if the intent is to widen existing roads.  Is there a variance process for roadways that cannot be expanded? • 903.2.8.1.1 Group R-3 Substantial Addition or Alteration o Provide the rationale for MOFD decreasing the aggregate threshold from 5,000 square feet to 3,600 square feet.

The City of Orinda looks forward to receiving your responses to the above comments and the comments submitted by the County and the Town of Moraga.

If you have any questions regarding this Letter, please feel free to contact Celina Palmer, Associate Planner at [email protected] to discuss any concerns or issues.

Sincerely,
Celina F. Palmer, AICP
Associate Planner
Encl: Safety Element Figure 1. Residential Parcels with Evac Constraints H.3.c
Packet Pg. 192 Attachment: Staff Fire Code Letter (2987 : Proposed 2023 Fire Code Update Review)

CITY OF ORINDA SAFETY ELEMENT
August 1, 2022November 1, 2022 17
FIGURE 1 RESIDENTIAL PARCELS WITH EVACUATION CONSTRAINTS H.3.c
Packet Pg. 193 Attachment: Staff Fire Code Letter (2987 : Proposed 2023 Fire Code Update Review) Moraga-Orinda Fire District | 1280 Moraga Way | Moraga, California 94556 | 925.258.4599 | www.mofd.org December 21, 2022
David Biggs
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Dear City Manager Biggs,
Thank you for your letter of December 16, 2022. Please see MOFD’s response below.

I. Upon further review, MOFD proposes to remove the references to the Fuel Mitigation and Exterior Hazard Abatement Standards Ordinance (formerly referred to as the Defensible Space Ordinance) from the CFC amendments.

II. The California Fire Code (CFC) and any local amendments to the fire code are for new construction or substantial additions or alternations. The exception to this is CFC chapter 11 which applies to existing buildings, however MOFD proposes no amendments to this chapter.

III. Requirements for Fire Apparatus access roads can be found in CFC chapter 5 and Appendix D.

There are additional requirements for access roads that can be found in the California code of Regulations Title 14 & 19.
a. 19 CCR § 3.05
§ 3.05. Fire Department Access and Egress. (a) Roads. Required access roads from every building to a public street shall be all-weather hard-surfaced (suitable for use by fire apparatus) right-of-way not less than 20 feet in width. Such right-of-way shall be unobstructed and maintained only as access to the public street. (Applies in SRA & LRA)
i. EXCEPTION: The enforcing agency may waive or modify this requirement if in his opinion such all-weather hard-surfaced condition is not necessary in the interest of public safety and welfare.
b. Traffic calming devices are defined in CFC Chapter 2 i. CFC Chapter 2 - TRAFFIC CALMING DEVICES. Traffic calming devices are design elements of fire apparatus access roads such as street alignment, installation of barriers, and other physical measures intended to reduce traffic and cut- through volumes, and slow vehicle speeds.

Moraga-Orinda Fire District
Fire Chief Dave Winnacker
H.3.d
Packet Pg. 194 Attachment: Attach 4 - Fire Chief Response Letter (2987 : Proposed 2023 Fire Code Update Review) Moraga-Orinda Fire District | 1280 Moraga Way | Moraga, California 94556 | 925.258.4599 | www.mofd.org c. CFC Chapter 503.4 Obstruction of Fire Apparatus Access Roads Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Sections 503.2.1 and 503.2.2 shall be maintained at all times.
503.4.1 Traffic Calming Devices
Traffic calming devices shall be prohibited unless approved by the fire code official.
d. Title 14 1267.01
Adequate secondary egress route is not a road with locked gates or limited access; or a road that directs traffic to the same outlet road as the primary road or results in a circular traffic flow to the extent practical.

Further, 14 CCR § 1273.00 includes additional roadway requirements in SRA and LRA VHFHSZs. § 1273.00. Intent. Roads and driveways, whether public or private, unless exempted under 14 CCR § 1270.02(d), shall provide for safe access for emergency wildfire equipment and civilian evacuation concurrently, and shall provide unobstructed traffic circulation during a wildfire emergency consistent with 14 CCR §§ 1273.00 through 1273.09.
e. Per the code sections cited above, any traffic calming measure requires Fire District approval. The proposed amendments are intended to clarify the circumstances under which traffic calming devices will be approved. MOFD has no objection to adding verbiage stating signage and rumble strips are approved. Should the City of Orinda be concerned regarding the inclusion of the amendments clarifying the manner in which traffic calming devices and roadway obstructions are reviewed, MOFD does not object to withdrawing this amendment.
f. Fire District review of traffic calming device permits is limited to new installations. g. Per the references cited above, the map provided by the City of Orinda appears to omit numerous streets which lack a second unobstructed means of egress (see ii.d. above).

Examples include, but are not limited to Dalewood Drive, Sunnyside Lane, Sundown Terrace, sections of Lombardy Lane, sections of El Toyonal, Wilder Road, Camino Lenada, Bien Venida, Normandy Lane, Washington Lane, the networks of streets accessed via Claremont Avenue, Tiger Tail Lane, and Gardiner Lane.

IV. Per CFC Section D105.1 Aerial Fire Apparatus Access Roads, building height is measured from the grade plane to the highest roof surface.

D105.1 Where required. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater.

V. 903.3.1.3.1 Eave Protection was added in 2020 code cycle and is only for new construction of R-3 occupancies.

H.3.d
Packet Pg. 195 Attachment: Attach 4 - Fire Chief Response Letter (2987 : Proposed 2023 Fire Code Update Review) Moraga-Orinda Fire District | 1280 Moraga Way | Moraga, California 94556 | 925.258.4599 | www.mofd.org VI. D103.3 Turning Radius- Fire Apparatus Access Roads and turnarounds require a minimum width of 28 feet wide as adopted during the 2020 code cycle. As with all sections of the CFC (other than Chapter 11), this requirement is limited to new roads and, in limited circumstances, instances in which the applicant intends to create new legal lots.

VII. 903.2.8.1.1 Group R-3 Substantial Addition or Alteration- The 3,600 sq. feet sprinkler requirement was added in the 2020 code adoption cycle.

My staff and I are available at your convenience for discussion as needed.

Thank you,
Dave Winnacker
Fire Chief
H.3.d
Packet Pg. 196 Attachment: Attach 4 - Fire Chief Response Letter (2987 : Proposed 2023 Fire Code Update Review) City Council
Staff Report
Agenda Item: H.4
Date: January 10, 2023
Department: City Clerk
AGENDA TITLE: City Council Committee Appointment/Liaison List for 2023 RECOMMENDATION:

Review and Approve the recommended City Council Committee Appointment / Liaison List for 2023.

BACKGROUND:

The Council's Policy and Procedures Manual Section 9.1 states that:

9.1 Council Appointments
As soon as practicable following the annual December reorganization meeting, the Mayor shall announce nominations of Council members to serve in various roles requiring a Council representative; the nominations are subject to the review and approval of the City Council.

9.2 City Advisory Bodies, Regional Boards, and Commissions The City Council may create commissions, committees, and other groups to advise the Council. The Council shall appoint the members of those subordinate bodies as well as City representatives to Regional Boards and Commissions.

In accordance with the above, Mayor Miller has developed nominations for the City Council’s review and consideration as shown in the attachment.

DISCUSSION:

The attached list shows this year’s proposed changes made by Mayor Miller and shown in the highlighted column in red. Councilmembers are asked to discuss any suggested changes or approve as proposed.

ATTACHMENTS:

A. City Council Appointment List 2023 Comparative
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Respectfully Submitted by:

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

H.4
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ORGANIZATION 2022 Appointment
2023
Recommendation COUNCIL RESPONSIBILITY MEETINGS
Mayors' Community Liaison Group Dennis Fay Inga Miller Mayor facilitates meeting w/ community leaders 2nd Wednesday, 8:30am Lamorinda Mayors' Meeting Dennis Fay Inga Miller Mayor serves as Council representative bimonthly breakfast meeting Mayors' Conference (Contra Costa County) Dennis Fay Inga Miller Mayor serves as conference delegate; all Council
invited to attend 1st Thursday, 6:30 pm
COMMISSION and COMMITTEE Liaisons: Attend Some Meetings and Report to Council.

Art in Public Places Committee (APPC) Amy Worth Janet Riley See Commission Charge 3rd Monday, 3:30pm Finance Advisory Committee (FAC) Darlene Gee Inga Miller See Commission Charge 4th Wednesday, 6pm Historic Landmarks Committee (HLC) Inga Miller Janet Riley See Commission Charge 4th Tuesday, 3pm Parks and Recreation Commission (PRC) Inga Miller Latika Malkani See Commission Charge 2nd Wednesday, 7pm Planning Commission (PC) Nick Kosla Brandyn Iverson See Commission Charge 2nd & 4th Tuesday, 7:00 pm Supplemental Sales Tax Oversight Commission Dennis Fay Inga Miller See Commission Charge Quarterly Traffic Safety Advisory Committee (TSAC) Darlene Gee Brandyn Iverson See Commission Charge 3rd Monday, 7:00 pm Library Parcel Tax Oversight Committee Inga Miller Janet Riley Attend Meetings as needed meets twice a year Affordable Housing Sub-Committee
Darlene Gee
Amy Worth
Darlene Gee
Brandyn Iverson Attend Meetings as Council Subcommittee meets as needed Library Facility Steering Committee
Amy Worth
Dennis Fay
Darlene Gee
Janet Riley Attend Meetings as Council Subcommittee meets as needed City/School 2x2 Committee
Amy Worth
Nick Kosla
Inga Miller
Brandyn Iverson Attend Meetings as Council Subcommittee meets as needed Wilder Subcommitee
Nick Kosla
Amy Worth
Inga Miller
Brandyn Iverson Attend Meetings as Council Subcommittee meets as needed Public Safety Council Subcommittee
Amy Worth
Inga Miller
Inga Miller
Latika Malkani Attend Meetings as Council Subcommittee meets as needed Inclusion, Diversity, Equity, Action (School Partnership) Amy Worth
Darlene Gee
Darlene Gee
Latika Malkani
Fire Prevention 2x2 with MOFD
Dennis Fay
Darlene Gee
Darlene Gee
Latika Malkani
Downtown Planning & Housing Element Subcommittee
Nick Kosla
Inga Miller
Darlene Gee
Brandyn Iverson Attend Meetings as Council Subcommittee meets as needed OTHER AGENCIES: Attend Some Meetings; Report to Council Association of Bay Area Governments (ABAG) Amy Worth Inga Miller Attend 2 meetings; serve as City's voting
delegate. two meetings annually
Central Contra Costa Solid Waste Authority Board
(CCCSWA)
Amy Worth
Inga Miller
Inga Miller
Janet Riley
Attend monthly regular board meeting; serve on
1-2 board committees w/ monthly meeting last Thursday, 3:00 pm Contra Costa County Transit Authority (CCCTA)
Amy Worth
Dennis Fay (alt)
Amy Worth
Darlene Gee (alt) Attend monthly board meeting 3rd Thursday, 9:00 am Lamorinda School Bus Program (LSBP JPA)
Amy Worth
Dennis Fay (alt)
Latika Malkani
Brandyn Iverson
(alt) Attend monthly JPA meetings 2nd Monday, 9:30 am
CITY OF ORINDA - CITY COUNCIL APPOINTMENTS 2023
COUNCIL SUB-COMMITTEE:

H.4.a
Packet Pg. 199 Attachment: City Council Appointment List 2023 Comparative (2981 : City Council Committee League of CA Cities Voting Delegate (LOCC)
Mayor
Vice Mayor
Serve as City's voting delegate at annual
conference one meeting annually
-League of CA Cities East Bay Division Delegate
Mayor
Vice Mayor (alt)
Mayor
Vice Mayor
Attend monthly dinner meetings; open to all
Council members 3rd Thursday, 6:00 pm
SouthWest Area Transportation Committee (SWAT)
Amy Worth
Dennis Fay (alt)
Darlene Gee
Brandyn Iverson
(alt) Subgroup of CCTA. Attend Monthly Meetings 1st Monday, 3:00 pm -Lamorinda Project Management Committee
(LPMC)
Amy Worth
Dennis Fay (alt)
Darlene Gee
Brandyn Iverson
(alt)
Meets as needed after SWAT meeting/ subgroup
of SWAT 1st Monday as needed
-Lamorinda Fee and Financing Authority (LFFA)
Amy Worth
Dennis Fay (alt)
Darlene Gee
Brandyn Iverson
(alt)
Meets as needed after SWAT meeting/ subgroup
of SWAT 1st Monday as needed
COUNCIL LIAISON WITH CITY PARTNERS:

Serve as Primary Contact Person for Council;
Attend Some Meetings; Report to Council
Acalanes Unified High School District (AUHSD) Inga Miller Inga Miller " " 1st/3rd Wednesday, 7:30 pm Bay Area Rapid Transit (BART) Dennis Fay Darlene Gee " " 2nd/4th Thursday, 9am Chamber of Commerce Nick Kosla Latika Malkani " " 2nd Tuesday, 8:00 am East Bay Municipal Water Utility District (EBMUD) Inga Miller Inga Miller " " 2nd/4th Tuesday, 1:15 pm East Bay Regional Park District (EBRPD) Nick Kosla Latika Malkani " " 1st/3rd Tuesday, 2:00 pm Friends of Orinda Creeks Inga Miller Inga Miller " " 4th Wednesday, 8:00 am Libraries-
-Friends of Orinda Library Amy Worth Janet Riley " " 3rd Wednesday, 9:15 am -Library Regional Board Amy Worth Janet Riley " " meets as needed Moraga-Orinda Fire District Dennis Fay Darlene Gee " " 3rd Wednesday, 7:00pm Orinda Association (OA) Inga Miller Latika Malkani " " 2nd Monday, 7:30 pm Orinda Historical Society Inga Miller Janet Riley " " quarterly Orinda Seniors Advisory Committee Amy Worth Latika Malkani " " 1st Tuesday Orinda Teen Advisory Committee Nick Kosla Brandyn Iverson " " 1st Monday Orinda Union School District (OUSD) Nick Kosla Brandyn Iverson " " 2nd Monday, 4:00 pm Orinda/Tabor Sister City Committee Amy Worth Darlene Gee " " 4th Thursday H.4.a
Packet Pg. 200 Attachment: City Council Appointment List 2023 Comparative (2981 : City Council Committee City Council
Staff Report
Agenda Item: H.5
Date: January 10, 2023
Department: City Clerk
AGENDA TITLE: City Council Meeting Schedule for 2023
RECOMMENDATION:

Review, Amend, and Adopt City Council Meeting Schedule for 2023 BACKGROUND:

City Council meetings typically occur on the first and third Tuesdays of each month.

Each year, the City Council confirms its meeting schedule with some adjustments as desired or necessary given holidays and other factors.

DISCUSSION:

Attached are proposed changes to the City Council Calendar that was adopted on October 11, 2022. Staff recommends the following adjustments to that schedule:

1. Moving the Commission/Committee Interview to Saturday, February 11, 2023.

2. Adding a Meeting on January 31, 2023, to Consider adoption of the Housing Element, Safety Element, and Downtown Precise Plan.

3. Adding Wednesday, March 15, 2023 for the annual Lamorinda Meeting which is held with Lafayette and Moraga City Councils to discuss areas of collaboration.

Councilmembers may also suggest other changes as needed.

NEXT STEPS:

Approval of the revised 2023 City Council Calendar will allow the dates to be shared with the community and City employees.

FISCAL IMPACT:

None as a result of this item.

ATTACHMENTS:

A. 2023 Council Calendar (Proposed 1.10.23 Amendment)
Respectfully Submitted by:

Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
H.5
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Approved by:

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Office of the City Clerk
Sheri Marie Smith
Phone: 925.253.4221
Fax: 925.254.2068
[email protected]
NOTICE OF CITY COUNCIL 2023 CALENDAR
Proposed Amendments 1/10/2023
Regular 2023 City Council Meetings are generally held on the first and third Tuesdays of each month, with some exceptions due to holidays. Proposed Amendments to the Calendar that was adopted on 10/11/2022 are shown below:

January
Tuesday, January 10, 2023 – 7pm Regular Meeting
Tuesday, January 17, 2023 – 7pm Regular Meeting
Saturday, January 28, 2023 – 9am (Commission Committee Interviews) Tuesday, January 31, 2023 – 7pm Special Meeting
February
Tuesday, February 7, 2023 – 7pm Regular Meeting
Saturday, February 11, 2023 – 9am (Commission Committee Interviews) Tuesday, February 21, 2023 – 7pm Regular Meeting
March
Tuesday, March 7, 2023 – 7pm Regular Meeting
Wednesday, March 15, 2023 – 7pm Lamorinda Joint Meeting w/ Lafayette and Moraga Tuesday, March 21, 2023 – 7pm Regular Meeting
April
Tuesday, April 11, 2023 – 7pm Regular Meeting
Tuesday, April 18, 2023 – 7pm Regular Meeting
May
Tuesday, May 2, 2023 – 7pm Regular Meeting
Tuesday, May 16, 2023 – 7pm Regular Meeting
June
Tuesday, June 6, 2023 – 7pm Regular Meeting
Tuesday, June 20, 2023 – 7pm Regular Meeting
July
Monday, July 11, 2023 – 7pm Regular Meeting
Tuesday, July 18, 2023 – 7pm Regular Meeting
H.5.a
Packet Pg. 203 Attachment: 2023 Council Calendar (Proposed 1.10.23 Amendment) (2980 : Review of 2023 City Council Meeting Schedule/Calendar) August
Tuesday, August 15, 2023– 7pm Regular Meeting
September
Tuesday, September 5, 2023– 7pm Regular Meeting
Tuesday, September 19, 2023– 7pm Regular Meeting
October
Tuesday, October 3, 2023– 7pm Regular Meeting
Tuesday, October 17, 2023– 7pm Regular Meeting
November
Tuesday, November 7, 2023– 7pm Regular Meeting
December
Tuesday, December 5, 2023– 7pm Regular Meeting
Tuesday, December 19, 2023 – 7pm Regular Meeting
2024
January
Tuesday, January 9, 2024 – 7pm Regular Meeting
Tuesday, January 23, 2024 – 7pm Regular Meeting
H.5.a
Packet Pg. 204 Attachment: 2023 Council Calendar (Proposed 1.10.23 Amendment) (2980 : Review of 2023 City Council Meeting Schedule/Calendar)

Orinda City CouncilJanuary 10, 2023

Orinda City Council
January 10, 2023