Orinda City Council
January 17, 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.

BY

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 17, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 01.17.23
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 01.17.23
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. Presentation of Commendation to Sally Hogarty Upon Her Retirement from Orinda News
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. Approve a Grant Application for Moraga Way Pathway Phase 3 to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023-2024 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle funding
Recommendation:

Staff recommends that the City Council approve a Transportation Development Act grant application for the Moraga Way Pathway Phase 3 Project, from Altamount Drive to Ivy Drive, find the project categorically exempt with respect to CEQA and direct a Notice of Exemption be filed with the County Clerk, by adopting Resolution No. 06-23, in a format specified by the grant requirements.

City Council
Agenda Page 3 01.17.23
G. PUBLIC HEARING
G.1. Adopt 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 01-23, adopting Contra Costa County’s Findings in 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:

Hold Public Hearing and Adopt Ordinance No. 23-01 and Resolution No. 01-23
H. POLICY MATTERS
H.1. Winter Storm Update and Adopt Resolution Relating to Existence of a Local Emergency
Recommendation:

Receive a Report on the recent Winter Storms response and impacts and Adopt Resolution 05-23 ratifying the City Manager’s Proclamation of the existence of a local emergency.

H.2. Update on Return to In-Person City Meetings beginning in March, 2023 and Authorization For Continued Use of Remote
Teleconference until February 28, 2023
Recommendation:

Provide direction to staff on the return to in-person meetings in March, 2023 and any future exploration of providing an option of teleconferencing.

Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of January 18, 2023 to February 16, 2023 Pursuant to the Provisions of Assembly Bill 361.

I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
City Council
Agenda Page 4 01.17.23
The next Regular Meeting of the Orinda City Council will be held on Tuesday, January 31, 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 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: F.1
Date: January 17, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Approve a Grant Application for Moraga Way Pathway Phase 3 to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023-2024 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle funding RECOMMENDATION:

Staff recommends that the City Council approve a Transportation Development Act grant application for the Moraga Way Pathway Phase 3 Project, from Altamount Drive to Ivy Drive, find the project categorically exempt with respect to CEQA and direct a Notice of Exemption be filed with the County Clerk, by adopting Resolution No. 06-23, in a format specified by the grant requirements.

BACKGROUND:

Transportation Development Act (TDA) funds are designated by the Metropolitan Transportation Commission (MTC) for pedestrian and bicycle facility improvements to encourage non-automobile modes of transportation. The MTC requires the City Bicycle Advisory Committee and the City Council to approve the selected TDA grant application project.

The Orinda Traffic Safety Advisory Committee (TSAC) is the designated Bicycle Advisory Committee for Orinda. TSAC recommended the Moraga Way Pathway Phase 3 extension on October 17, 2022 for the TDA grant application to the City Council. The application seeks grant funds for an extension of the Moraga Way Pathway Phase 3 from Altamount Drive to Ivy Drive, as shown in the attached map (Attachment B).

DISCUSSION:

Staff has prepared the TDA grant application for the extension of the Moraga Way Pathway Phase 3 from Altamount Drive to Ivy Drive. The proposed pathway would be the same as the existing path which was recently extended to Altamount Drive from El Camino Moraga and extends south to the Ivy Drive intersection at City limits near Miramonte High School. The path would be an at-grade walkway separated from the bikeway by a six inch high asphalt berm (dike) on the west side of the road. The project elements would include the following:
• Mill existing asphalt shoulder on the west side of Moraga Way and re-grade and pave to limit the maximum cross slope to 2% (for ADA accessibility requirements). The intent is to fit the pathway and bikeway within the public rightof-way, which may impact landscaping and require some fence and mail box relocation and plant removal.

F.1
Packet Pg. 5
• Restripe lane lines and edge lines; it is likely the lane width will be reduced from the current width of approximately 13 ft. to 11.5 ft., on both sides of the street.

Bike lanes will remain on both sides of the street.
• Although it is illegal to park in the bike lane, currently vehicles occasionally park along the edge of the bike lane. The proposed dikes would prevent such onstreet parking. • There will be openings in the dike for driveways, mailboxes and drainage, similar to the existing pathway project elements.

The pathway will be constructed on the west side of Moraga Way and is estimated to be $300,000.

Staff has prepared the grant application (Attachment A) for a $300,000 project with a pathway on the west side of Moraga Way. The application includes a project description, cost estimate, map and Resolution No. 06-23. The application requests TDA funding in the amount of $235,000, with the remaining $65,000 covered by Traffic Impact Fees and in-kind services for staff project management.

The MTC allocation for the TDA grant varies annually. MTC has not notified Contra Costa County of the amount of funding available for bicycle and pedestrian projects for fiscal year 2023-2024. Generally, most agencies who are awarded grants receive funding ranging between $25,000 and $150,000 per project. It is possible that an award for less than the request is granted which will require the City to identify additional funding sources in order to proceed with the project.

Staff has evaluated the subject project with respect to CEQA and recommends that it be found categorically exempt under Section 15301.c “minor alterations of existing facilities (highways & streets)” of the CEQA guidelines.

Final applications are due to the County and TDA Subcommittee on January 26, 2023.

A field review will be conducted by the TDA Subcommittee in February 2023 to evaluate the competing projects in Contra Costa County and recommend zero, partial or full grant funding for submitted projects. The grant funding recommendation will be presented at the Mayor’s Conference for approval in April/May 2023 and County’s Board of Supervisors approval in May/June 2023. Lastly, the final recommended applications will be forwarded to MTC for allocation approval. Historically, MTC does not formally approve the project list and funding allocation until late summer or early fall. If the project is recommended for TDA grant allocation, the project funding will be updated in the Capital Improvement Plan for FY 2023-24.

NEXT STEPS:

Staff will file the CEQA Notice of Exemption (Attachment C) with the County Clerk; submission of the filed Notice is required as part of the application process. The complete application will be submitted to the County by the deadline of January 26, 2023.

F.1
Packet Pg. 6
FISCAL IMPACT:

It is likely the City will not be awarded the full $235,000 requested for TDA funding, and therefore additional local funding would be needed to supplement the grant funding. For example, if $150,000 is awarded, the City would need to use other finding to make up the difference ($235,000 - $150,000= $85,000) in addition to the $65,000 of non-TDA funding mentioned earlier in this report. One option could be using Transportation Impact Fees (Fund #205). Depending on when approval of the grant occurs the project will be presented as part of an update to the Capital Improvement Plan for FY 2023-24, and the proposed funding will be presented as part of the Budget / CIP approval by the City Council.

ATTACHMENTS:

A. Resolution 06-23 TDA Grant Application
B. Moraga Way Pathway Map
C. Notice of Exemption CEQA
Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Kevin McCourt, Assistant Engineer
Approved by:

F.1
Packet Pg. 7
MTC, November 2022 TDA Article 3 Model Resolution Page 1

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

Request to the Metropolitan
Transportation Commission for the
allocation of fiscal year 2023-2024
Transportation Development Act
Article 3 Pedestrian/Bicycle project
funding for the Moraga Pathway
from Altarinda Drive to Ivy Drive
)
)
)
) Resolution No. 06-23
)
)
)
)
)
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of Orinda desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; and WHEREAS, Staff has evaluated the subject project with respect to CEQA and recommends that it be found categorically exempt under Section 15301.c “minor alterations of existing facilities (highways & streets)” of the CEQA guidelines.

NOW THEREFORE BE IT RESOLVED, that The City Of Orinda declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it
RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Orinda to carry out the project; and furthermore, be it
RESOLVED, that the project has been reviewed by the Traffic Safety Advisory Committee which acts as the Bicycle Advisory Committee (BAC) of City of Orinda; and furthermore, be it F.1.a
Packet Pg. 8
Attachment: Resolution 06-23 TDA Grant Application (2998 : TDA Grant Application 2023-2024) November 2022 TDA Article 3 Model Resolution Page 2
RESOLVED, that the City of Orinda attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

RESOLVED, that of the City of Orinda finds the subject project categorically exempt under Section 15301.c “minor alterations of existing facilities (highways & streets)” of the CEQA guidelines and directs that a Notice of Exemption be filed with the County Clerk.

The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Orinda held on the 17th day of January, 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
______________________
Inga Miller, Mayor
ATTEST:
____________________________
Sheri Marie Smith, City Clerk
F.1.a
Packet Pg. 9
Attachment: Resolution 06-23 TDA Grant Application (2998 : TDA Grant Application 2023-2024) November 2022 TDA Article 3 Model Resolution Page 3
Resolution No. 06-23
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023-2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings

1. That the City Of Orinda is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City Of Orinda legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the City Of Orinda has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City Of Orinda within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the City Of Orinda agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.

F.1.a
Packet Pg. 10
Attachment: Resolution 06-23 TDA Grant Application (2998 : TDA Grant Application 2023-2024) November 2022 TDA Article 3 Model Resolution Page 4
Resolution No. 06-23 page _4__ of ___
Attachment B
TDA Article 3 Project Application Form

1. Agency City of Orinda

2. Primary Contact Kevin McCourt

3. Mailing Address 22 Orinda Way, Orinda, CA 94563

4. Email Address [email protected] 5. Phone Number 925-253-4251

6. Secondary Contact (in
the event primary is
not available)
Siva Natarajan, City Engineer

7. Mailing address (if
different) N/A☒

8. Email Address [email protected] 9. Phone Number 925-253-4524

10. Send allocation
instructions to (if
different from above):

N?A

11. Project Title Moraga Way Pathway Project (Altamount Dr. to Ivy Dr.)

12. Amount requested $235,000 13. Fiscal Year of
Claim
2023-2024

14. Description of Overall Project:

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)

16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:

Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community? Yes☐ No☒

18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No☒ The project will provide a separated pedestrian pathway on the west side of Moraga Way from Altamount Dr. to Ivy Dr. with an atgrade walkway separated from the bikeway by a six inch high asphalt berm (dike). See attached maps and descriptions.

Construction.

See attached map.

F.1.a
Packet Pg. 11
Attachment: Resolution 06-23 TDA Grant Application (2998 : TDA Grant Application 2023-2024) November 2022 TDA Article 3 Model Resolution Page 5

19. Project Budget and Schedule
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda.

If "NO," provide an explanation).

B. Has the project been approved by the claimant's governing body? Yes☒ No☐ If "NO," provide expected date:__________________
C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐ pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐ Existing Facility?

2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. __________________________ N/A☒ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): _____November 2024_ G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project ? Yes☐ No☒ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets Project
Phase
TDA 3 Other Funds Total Cost Estimated Completion
(month/year)
Bike/Ped
Plan
ENV 50 50
PA&ED
PS&E 65,000 65,000
ROW
CON 235,000 235,000
Total Cost 235,000 300,050
F.1.a
Packet Pg. 12
Attachment: Resolution 06-23 TDA Grant Application (2998 : TDA Grant Application 2023-2024) City of Orinda
TDA Grant Application: Moraga Way Pathway
Dike used on Glorietta Blvd. Pathway
Plan excerpt from 2013 Pathway Project
F.1.a
Packet Pg. 13
Attachment: Resolution 06-23 TDA Grant Application (2998 : TDA Grant Application 2023-2024) Application continuation sheet
Description of project:

The project will provide a separated pedestrian pathway on the west side of Moraga Way from Altamount Dr. to Ivy Dr. with an at-grade walkway separated from the bikeway by a six inch high asphalt berm (dike). This will extend an existing pathway which runs south from Ivy Dr. at Miramonte High School to Altamount Dr. (see Exhibit A, a street view of the existing pathway). The project elements would include the following:
• Mill existing asphalt shoulder on the west side of Moraga Way and re-grade and pave to limit cross slope to 2% (for accessibility requirements). The intent is to fit the pathway and bikeway within the public right-of-way, which may impact landscaping and require some fence and mail box relocation and plant removal.
• Construct 6 inch high asphalt berm (Caltrans Type A dike). There will be openings in the dike for driveways, mailboxes and drainage, similar to the existing pathway project elements. • Restripe lane lines and edge lines; it is likely the lane width will be reduced from the current width of approximately 13 ft. to 11.5 ft., on both sides of the street. Bike lanes will remain on both sides of the street.

This project is part of Vision Project J.8 in the City’s Bikeway, Trails and Walkways Master Plan (BTW Plan) adopted in 2011 (see Exhibit B).

F.1.a
Packet Pg. 14
Attachment: Resolution 06-23 TDA Grant Application (2998 : TDA Grant Application 2023-2024) F.1.a
Packet Pg. 15
Attachment: Resolution 06-23 TDA Grant Application (2998 : TDA Grant Application 2023-2024) F.1.a
Packet Pg. 16
Attachment: Resolution 06-23 TDA Grant Application (2998 : TDA Grant Application 2023-2024) F.1.a
Packet Pg. 17
Attachment: Resolution 06-23 TDA Grant Application (2998 : TDA Grant Application 2023-2024) Extent: Altamount Drive to Ivy Drive
Rounded
Quantity Unit Unit Cost Extension
Mobilization 1 LS $ 22,000.00 $ 22,000.00
Demoliton 1 LS $ 5,000.00 $ 5,000.00
WPCP 1 LS $ 1,000.00 $ 1,000.00
Traffic Control 1 LS $ 22,000.00 $ 22,000.00
Clearing and Grubbing 1 LS $ 4,000.00 $ 4,000.00
Grinding/4" cold plane wedge at path 670 SY $ 6.30 $ 4,221.00 wood header at back of path 400 LF $ 25.00 $ 10,000.00
a.c. dike - construct 1000 LF $ 25.00 $ 25,000.00
AC Path 2% max cross slope x 6' wide, new 241 tons $ 150.00 $ 36,111.11 Conform concrete at driveway 180 SF $ 47.50 $ 8,550
Relcate signs - Single Post 5 EA $ 350.00 $ 1,750.00
Conform AC Paving at driveway (5 in.) 14 tons $ 150.00 $ 2,083.33 Remove and replace fence 75 LF $ 25.00 $ 1,875.00
Striping R&R, Type 22 1300 LF $ 2.00 $ 2,600.00
Striping R&R, Type 39 (bike lane 6") 2600 LF $ 2.00 $ 5,200.00 Bike lane symbols / legends 1000 SF $ 5.00 $ 5,000.00
Paint dike noses/ends white 25 EA $ 30.00 $ 750.00
RPMs on dike 65 EA $ 25.00 $ 1,625.00
Striping limit line, 12" 20 SF $ 5.00 $ 100.00
relocate mail boxes 2 EA $ 500.00 $ 1,000.00
Relocate traffic signal pole (Type 1B) 1 EA $ 3,000.00 $ 3,000.00 adjust utility covers 2 EA $ 500.00 $ 1,000.00
Sub-total $ 163,865.44 160000
Unit price increase for small job 15% $ 24,579.82 25000 Contingency 15% $ 24,579.82 25000
CM/Inspection 15% $ 24,579.82 25000
CONSTRUCTION TOTAL $ 237,604.89 235000
Project management (PAED) 10% $ 16,386.54 15000
Engineering/Survey/Design (PS&E) 30% $ 49,159.63 50000
TOTAL PROJECT COST $ 303,151.07 $ 300,000.00
dike and path on west side
COST ESTIMATE F.1.a
Packet Pg. 18
Attachment: Resolution 06-23 TDA Grant Application (2998 : TDA Grant Application 2023-2024) F.1.a
Packet Pg. 19
Attachment: Resolution 06-23 TDA Grant Application (2998 : TDA Grant Application 2023-2024) Notice of Exemption
To: County Clerk
County of Contra Costa
555 Escobar St.
□ Martinez, CA 94553
From: City of Orinda
22 Orinda Way
Orinda CA 94563
Project Title: Moraga Way Pathway, Altamount Dr. to Ivy Drive Lead Agency & Applicant: City of Orinda
Project Location – Specific: West side of Moraga Way, Altamount Dr. to Ivy Drive Project Location – County: Contra Costa
Project Location – City: Orinda
Description of Nature, Purpose, and Beneficiaries of Project:

Mill existing asphalt shoulder on the west side of Moraga Way and re-grade and pave to limit cross slope to 2% (for accessibility requirements) to create pedestrian pathway. Construct 6 inch high asphalt berm (Caltrans Type A dike). Restripe lane lines and bikeway lines on both sides of the street.

Name of Public Agency Approving Project: City of Orinda Name of Person or Agency Carrying Out Project: Department of Public Works and Engineering Services
Exempt Status: Categorical Exemption, 15301 Class 1 (c) Reason Why Project is Exempt:

Section 15301, Class 1, consists of minor alterations of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the determination. Section (c) includes existing streets and bicycle facilities. This project involves minor alteration to existing street facilities, with no expansion in use.

Lead Agency Contact Person: Kevin McCourt, Assistant Engineer Telephone: 925-253-4251
Signature: ____________________________________ Date: _______________ F.1.a
Packet Pg. 20
Attachment: Resolution 06-23 TDA Grant Application (2998 : TDA Grant Application 2023-2024) F.1.b
Packet Pg. 21
Attachment: Moraga Way Pathway Map (2998 : TDA Grant Application 2023-2024) Notice of Exemption
To: County Clerk
County of Contra Costa
555 Escobar St.
□ Martinez, CA 94553
From: City of Orinda
22 Orinda Way
Orinda CA 94563
Project Title: Moraga Way Pathway, Altamount Dr. to Ivy Drive Lead Agency & Applicant: City of Orinda
Project Location – Specific: West side of Moraga Way, Altamount Dr. to Ivy Drive Project Location – County: Contra Costa
Project Location – City: Orinda
Description of Nature, Purpose, and Beneficiaries of Project:

Mill existing asphalt shoulder on the west side of Moraga Way and re-grade and pave to limit cross slope to 2% (for accessibility requirements) to create pedestrian pathway. Construct 6 inch high asphalt berm (Caltrans Type A dike). Restripe lane lines and bikeway lines on both sides of the street.

Name of Public Agency Approving Project: City of Orinda Name of Person or Agency Carrying Out Project: Department of Public Works and Engineering Services
Exempt Status: Categorical Exemption, 15301 Class 1 (c) Reason Why Project is Exempt:

Section 15301, Class 1, consists of minor alterations of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the determination. Section (c) includes existing streets and bicycle facilities. This project involves minor alteration to existing street facilities, with no expansion in use.

Lead Agency Contact Person: Kevin McCourt, Assistant Engineer Telephone: 925-253-4251
Signature: ____________________________________ Date: _______________ F.1.c
Packet Pg. 22
Attachment: Notice of Exemption CEQA (2998 : TDA Grant Application 2023-2024) City Council
Staff Report
Agenda Item: G.1
Date: January 17, 2023
Department: City Clerk
AGENDA TITLE: Adopt 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 01-23, adopting Contra Costa County’s Findings in 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:

Hold Public Hearing and Adopt Ordinance No. 23-01 and Resolution No. 01-23 BACKGROUND:

At the City Council Meeting of December 6, 2022, the Council introduced Ordinance No. 23-01, an ordinance adopting 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 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.

The Council also reviewed Resolution No. 01-23, adopting Contra Costa County’s findings of fact regarding the need for the modifications to the provisions of the 2022 California Building Standards Code made in the Orinda Municipal Code.

DISCUSSION:

Ordinance No. 23-01 was introduced at that meeting without changes and is on this agenda, to take any testimony under the Public Hearing, and to consider adoption.

Resolution No. 01-23 was reviewed at that meeting without changes and is on this agenda for consideration of adoption.

NEXT STEPS:

G.1
Packet Pg. 23
After adoption of the Ordinance No. 23-01 and Resolution No. 01-23, staff will send copies of both to the California Building Standards Commission, the Department of Housing and Community Development, MOFD, and the County.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Ordinance 23-01
B. Resolution 01-23
C. Staff Report from December 6, 2022
Respectfully Submitted by:

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

G.1
Packet Pg. 24
G.1.a
Packet Pg. 25
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 26
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 27
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 28
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 29
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 30
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 31
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 32
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 33
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 34
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 35
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 36
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 37
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 38
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 39
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 40
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 41
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 42
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 43
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 44
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance) G.1.a
Packet Pg. 45
Attachment: Ordinance 23-01 (2995 : Adoption of Building Code Ordinance)

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

RESOLUTION adopting Contra Costa )
County’s findings of fact and readopting )
the City’s findings regarding the need for )
the modifications to the provisions of the )
2022 California Building Standards Code )
made in the Orinda Municipal Code. )
RESOLUTION NO. 01-23
WHEREAS, California Health and Safety Code Section 18938 makes certain provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the state and effective one hundred eighty days after publication by the California Building Standards Commission (“Commission”), or at a later date established by the Commission; and WHEREAS, Health and Safety Code Section 17958 permits cities to amend the requirements of the California Building Standards Code in accordance with Health and Safety Code Sections 17958.5 and 17958.7; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of city ordinances that adopt codes or statutes, including codes of the State of California, by reference; and
Resolution No. 23-01

G.1.b
Packet Pg. 46
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) WHEREAS, the City Council of the City of Orinda (“City Council”) intends to adopt an ordinance adopting by reference certain provisions of the Building Codes; and WHEREAS, the City Council intends to adopt an ordinance containing modifications to the Building Codes that reflect the modifications adopted by Contra Costa County, with the exception of the County’s modifications to the 2022 California Energy Code concerning all-electric buildings and to the 2022 California Green Building Standards Code (“CGBSD”) concerning construction and demolition debris recovery; and
WHEREAS, the City Council intends to readopt modifications to certain sections of the 2022 CGBSC that reflect local conditions and the construction and demolition debris recycling policies that have been developed in cooperation with the Contra Costa County Solid Waste Authority (Recycle Smart); and WHEREAS, the City Council has reviewed Contra Costa County’s Findings in Support of Changes, Additions, and Deletions to Statewide Building Standards Code, which finds that modifications to the statewide building code are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the City Council has reviewed the City of Orinda’s Findings in Support of Local Amendments to the 2016 and 2019 California Green Building Standards Code which finds that modifications to the California Green Building Standards Code are reasonably necessary because of local climatic, geological, or topographical conditions;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby declare and find that the changes to the provisions of the California Building Standards Code set forth in Ordinance 23-01, are reasonably necessary because of local climatic, geological, or topographical conditions, in accordance with Health and Safety Code Section 17958.7, as set forth in Contra Costa County’s Findings in Support of Changes, Additions, and Deletions to Statewide Building Standards Code, and as set forth in the City of Orinda’s Findings in Support of Local Amendments to the 2016 California Green Building Standards Code; and
BE IT FURTHER RESOLVED that the City Council of the City of Orinda does hereby adopt Contra Costa County’s Findings in Support of Changes, Additions, and Deletions to Statewide Building Standards Code (Appendix A); and BE IT FURTHER RESOLVED that the City Council of the City of Orinda does hereby readopt the City’s Findings in Support of Local Amendments to the 2016 California Green Building Standards Code (Appendix B); and BE IT FURTHER RESOLVED that a copy of this Resolution, Contra Costa County’s Findings in Support of Changes, Additions, and Deletions to Statewide Building Standards Code, shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7.

PASSED AND ADOPTED by the City Council of the City of Orinda at a meeting held on January 17, 2023, by the following vote, to wit:

G.1.b
Packet Pg. 47
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Inga Miller, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
Appendix A: Contra Costa County’s Findings in Support of Changes, Additions and Deletions to Statewide Building Standards Code
Appendix B: City Of Orinda’s Findings in Support of Local Amendments to the 2016 California Green Building Standards Code
1204696.1
G.1.b
Packet Pg. 48
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) FINDINGS FOR ORDINANCE NO. 2022-35
1 Appendix A:

CONTRA COSTA COUNTY

FINDINGS IN SUPPORT OF CHANGES, ADDITIONS, AND DELETIONS

TO STATEWIDE BUILDING STANDARDS CODE
The California Building Standards Commission has adopted and published the 2022 Building Standards Code, which is comprised of the 2022 California Building, Residential, Green Building Standards, Energy, Electrical, Plumbing, Mechanical, and Existing Building Codes. These codes are enforced in Contra Costa County by the Building Inspection Division of the Department of Conservation and Development.

Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions. For amendments to the California Green Building Standards Code, local climatic, geological, and topographical conditions include local environmental conditions.

Ordinance No. 2022-35 adopts the statewide codes and amends them to address local conditions.

Pursuant to Health and Safety Code section 17958.7, the Contra Costa County Board of Supervisors finds that the more restrictive standards contained in Ordinance No. 2022- 35 are reasonably necessary because of the local climatic, geological, and topographic conditions that are described below.

I. Local Conditions
A. Geological and Topographic

1. Seismicity
(a) Conditions
Contra Costa County is located in Seismic Design Categories D and E, which designates very high risk for earthquakes. Buildings and other structures in these zones can experience major seismic damage. Contra Costa County is near numerous earthquake faults including the San Andreas Fault, and all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A

4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955. The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area. A study released in 2015 by the Working Group of California Earthquake Probabilities predicts that for G.1.b
Packet Pg. 49
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) FINDINGS FOR ORDINANCE NO. 2022-35
2 the San Francisco region, the 30-year likelihood of one or more earthquake of 6.7 or larger magnitude is 72%. The purpose of this Working Group is to develop statewide, time-dependent Earthquake Rupture Forecasts for California that use best available science, and are endorsed by the United States Geological Survey, the Southern California Earthquake Center, and the California Geological Survey. Scientists, therefore, believe that an earthquake of a magnitude 6.7 or larger is now slightly more than twice as likely to occur as to not occur in, approximately, the next 30 years.

Interstates 680, 80, 580 and State Route 4 run throughout Contra Costa County.

These interstates and state route divide the County into west, south, north and east areas. An overpass or undercrossing collapse would significantly alter the response route and time for responding emergency equipment.

Earthquakes of the magnitude noted above could cause major damage to electrical transmission facilities and to gas and electrical lines in buildings, causing disruption and starting fires throughout the County.
(b) Impact
A major earthquake could severely restrict the response of Contra Costa County Fire Districts and their capability to control fires. When buildings not equipped with earthquake structural support move off their foundations, gas pipes may rupture. Fires may develop from line ruptures and spread from house to house, causing an extreme demand for fire protection resources. The proximity of large areas within the County to fault traces necessitates adopting stricter structural construction standards.

2. Soils
(a) Conditions
The area is replete with various soils, many of which are expansive. Many areas have landslide prone soils and some areas are potentially liquefiable during severe seismic shaking.

Throughout Contra Costa County, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding 20%. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. The majority of these roads are private with no established maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as downed trees, obstructing all vehicle traffic. It is anticipated G.1.b
Packet Pg. 50
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) FINDINGS FOR ORDINANCE NO. 2022-35
3 that during an earthquake, several of these roads would be unpassable preventing fire protection resources from reaching fires caused by gas line ruptures or other sources.

3. Topographic
(a) Conditions
i) Vegetation
Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations 6 to 8 months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout Contra Costa County, especially in those developed and developing areas of the County. Earthquake gas fires due to gas line ruptures can ignite grasslands and stress fire district resources. ii) Surface Features
The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit feasible response routes for Fire District resources in and to District areas.
iii) Buildings, Landscaping, and Terrain
Many of the newer large buildings and building complexes have building access and landscaping features and designs, which preclude or greatly limit any approach or operational access to them by Fire District vehicles. In addition, the presence of security gates and roads of inadequate width and grades that are too steep for Fire District vehicles adversely affect fire suppression efforts.

When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized. Difficulty reaching a fire site often requires that fire personnel both in numbers and in stamina. Access problems often result in severely delaying, misdirecting or making impossible fire and smoke control efforts. In existing structures where pitched roofs have been built over an existing roof, smoke detectors should be required to warn residents of smoke and fire before the arrival of fire personnel.
(b) Impact
The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the County fire resources. Fire following an earthquake has the potential of causing greater loss of life G.1.b
Packet Pg. 51
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) FINDINGS FOR ORDINANCE NO. 2022-35
4 and damage than the earthquake itself. Most earthquake fires are caused by natural gas line ruptures. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public safety resources would have to be prioritized to mitigate the greatest threat and may be unavailable forsmallersingle dwellingsthat affected orthreatened by broken gaslines.

Other variables may intensify the situation:

1. The extent of damage to the water system

2. The extent of isolation due to bridge and/or freeway overpass collapse.

3. The extent of roadway damage and/or amount of debris blocking the roadways.

4. Climatic condition (hot, dry weather with high winds).

5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours.

6. The availability of timely mutual aid or military assistance.

7. The large portion of dwellings with wood shake or shingle coverings (both on the roof diaphragm and sides of the dwellings) could result in conflagrations.

8. The large number of dwellings that slip off their foundations and rupture gas lines and electrical systems resulting in further conflagrations.

More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would not impact the availability of the County’s fire or public safety resources.

B. Climatic

1. Precipitation and Relative Humidity
(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April, and 4% from May through September. May through September is a dry 5-month period each year. Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45 to 65% during spring, summer, and fall, and from 60 to 90% in the winter. It occasionally falls as low as 15%. (b) Impact
G.1.b
Packet Pg. 52
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) FINDINGS FOR ORDINANCE NO. 2022-35
5 Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Gas fires due to gas line ruptures can also spark and engulf a single-family residence during these dry periods.

Because of dryness, a rapidly burning gas fire or exterior building fine can quickly transfer to other buildings by means of radiation or flying brands, sparks or embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire Districtresulting in an excessive fire loss.

2. Greenhouse Gas Emissions
(a) Conditions
The California Air Resources Board has collected information on emissions from air pollution sources since 1969. This information is periodically compiled by State and local air pollution control agencies to create regional and statewide greenhouse gas emissions inventories. The California greenhouse gas emissions inventory maintains information on various air pollution sources and identifies “transportation” (all on-road vehicles such as automobiles and trucks, and off-road vehicles such as trains, ships, aircraft, and farm equipment) as a primary pollution source. According to the 2019 statewide inventory, the transportation sector remains the largest source of greenhouse gas emissions, accounting for 39. 7 % of the total greenhouse gas emissions. Emissions from recycling and waste, comprising 2% of the total greenhouse gas emissions, have grown by 20% since 2000, and 96% of that amount is landfill emissions. California adopted land use and transportation policies and mandatory recycling laws to help reduce greenhouse gas emissions by promoting the use of renewable energy sources and reducing landfill disposal.

Contra Costa County also completed a local greenhouse gas emissions inventory as well as a community-wide Climate Action Plan. The County’s Climate Action Plan contains measures reducing greenhouse gas emissions pertaining to renewable fuel vehicles and reducing landfill disposal for the purpose of reducing greenhouse gas emissions. (b) Impact
More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would be consistent with the intent of State legislation and County requirements to aggressively implement energy and waste policies designed to ensure success in meeting their greenhouse gas emission reduction and reusable energy and recycling goals.

G.1.b
Packet Pg. 53
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) FINDINGS FOR ORDINANCE NO. 2022-35
6 3. Temperature
(a) Conditions
Temperatures have been recorded as high as 114° F. Average summer highs are in the 75° to 90° range, with average maximums of 105° F in some areas of unincorporated Contra Costa County.
(b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building, wildland fires, and fires caused by gas line ruptures.

Another impact from high temperatures is that combustible building material and nonirrigated weeds, grass and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more fire resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire Districts in Contra Costa County. The change of temperatures throughout the County between very low and extreme highs contributes to a voltage drop in conductors used for power pole lines.

This necessitates that voltage drops be considered.

More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would not have a negative impact on the temperature conditions within the County.

4. Winds
(a) Conditions
Prevailing winds in many parts of Contra Costa County are from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities can reach 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions.

G.1.b
Packet Pg. 54
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) FINDINGS FOR ORDINANCE NO. 2022-35
7 (b) Impact
Winds such as those experienced locally can and do exacerbate fires, both interior and exterior, to burn, and spread rapidly. Fires involving non-irrigated weeds, grass, brush, and fires caused by gas line ruptures can grow to a magnitude and be fanned to an intensity beyond the control capabilities of the fire services very quickly even by relatively moderate winds. When such fires are not controlled; they can extend to nearby buildings, particularly those with untreated wood shakes or shingles.

Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by all Contra Costa County Fire Districts on fires involving large interior areas of buildings, fires which have vented through windowsand roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor toward causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas, or lacking automatic fire protection systems, or lacking proper gas shutoff devices to shut off gas when pipes are ruptured, or lacking proper electrical systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.

More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements, would not have a negative impact on the wind conditions within the County.

II. Necessity of More Restrictive Standards
Because of the conditions described above, the Contra Costa County Board of Supervisors finds that there are building and fire hazards unique to Contra Costa County that require the more restrictive fire protection, structural and design load requirements, and energy and waste management policies set forth in Ordinance No. 2022-35. • The ordinance amends the 2022 California Building Code by:
o Clarifying the reference to electrical vehicle charging for new residential constructions to include both future and fully operational chargers in accordance with local amendments made to the CGBSC.(§74-4.002(b).)
o Requiring the installation of a smoke detector in each existing flat roof building when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. (§ 74-4.002(c).)
o Requiring most wood shakes or shingles used for exterior wall covering to be fire treated. (§74-4.002(d).)
G.1.b
Packet Pg. 55
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) FINDINGS FOR ORDINANCE NO. 2022-35
8 o Requiring special inspectionsfor concrete compressive strength at certain foundations to be consistent with code requirements for concrete at other locations. (§ 74-

4.002(e).)
o Addressing the poor performance of plain concrete structural elements during seismic events. (§ 74-4.002(f), § 74-4.002(h), § 74-4.002(i).)
o Prohibiting placement of reinforcement while the concrete is in a semifluid condition thus increasing quality control during construction. Enhanced quality control is necessary because of seismic considerations. (§ 74-4.002(g).) • The ordinance amends the 2022 California Residential Code by:
o Requiring the installation of a smoke detector in each existing flat roof building when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. (§ 74-4.004(c).)
o Prohibiting the use of gypsum wallboard as braced wall panels in single- and twofamily dwellings and accessory structures, and by limiting the use of Portland Cement Plaster braced walls to only one story single- and two-family dwellings, as these materials have performed poorly during recent California seismic events. (§74-

4.004(d), and §74-4.004(e).)
• The ordinance amends the 2022 California Green Building Standards Codeby:
o Imposing more restrictive electric vehicle charging standards, as follows:
 Amending the definition of electric vehicle charging space to include both current and future installations in contrast to the statewide code that includes only future installations in the definition. (§ 74-4.006(a).)
 For new multi-family buildings:
• Requiring ten percent of the total number of parking spaces (but not less than one space) be fully operational Electric Vehicle Charging Spaces (“EV spaces”) for all multi-family buildings irrespective of the number of units. Statewide code only requires five percent fully operational EV spaces for new multi-family developments with 20 or more units. (§ 74-4.006(d), § 74-4.006(f).)  For new non-residential buildings:
• Requiring that a minimum of ten percentof the total number of parking spaces in new construction be fully operational Electric Vehicle Charging Stations(“EVCS”). The statewide code requires 4-5 percent of the total number of parking spaces be EVCS. (§ 74-4.006(k).)
• Requiring fully functional EVCS where the total number of parking spaces provided exceeds 9. Statewide code requires fully functional EVCS where the total number of parking spaces provided exceeds 25. (§ 74-4.006(k).) o Imposing more restrictive construction waste reduction, disposal and recyclingstandards consistent with those presently enforced in the County asfollows:
 Imposing the mandatory restrictions from Chapter 4 of the 2022 CGBSC on certain projects for existing residential buildings, including:
• Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. ((§ 74-4.006(b).)
G.1.b
Packet Pg. 56
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) FINDINGS FOR ORDINANCE NO. 2022-35
9 • Projects that impact 5,000 square feet or more of the total combined conditioned and unconditioned building area. ((§ 74-4.006(b).)
• Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. (§ 74-4.006(b), and § 74-

4.006(c).)
 Eliminating the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. ((§ 74-

4.006(g).)
 Requiring measuring of all generated debris to ensure that at least 65% is diverted from landfills. (§ 74-4.006(j), and § 74-4.006(p).)
 Requiring more comprehensive documentation for construction waste management be provided to the enforcing agency and making submittal of the same a prerequisite for scheduling final inspections. (§ 74-4.006(h), and § 74-4.006(n).) • The amendments to the 2022 California Existing Building Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code, and to be consistent with the administrative provisions of the statewide codes as amended.
• The ordinance amends the 2022 California Energy Code by:
o Adding the definition of an all-electric building to mean a building that has no natural gas or propane plumbing within the building, and that uses electricity as its sole source of energy. (§ 74-4.010(b).)
o Requiring that all newly constructed residential, detached accessory dwelling unit, hotel, office, and retail type buildings that do not have vested rights before June 1, 2022 be allelectric buildings. The statewide code has no mandatory building electrification requirements. (§ 74-4.010(a).)
G.1.b
Packet Pg. 57
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) Appendix B:

City of Orinda’s Findings in Support of Local Amendments to the 2016 California Green Building Standards Code
Although the 2016 California Building Standards Code applies statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local, climatic, geological or topographical conditions. For the California Green Building Standards Code, local, climatic, geological, or topographical conditions include local environmental conditions.

Ordinance 16-06 amends the state code to address local conditions related to construction waste diversion documentation. Pursuant to Health and Safety Code section 17958.7, the Council finds that the more restrictive standards contained in Ordinance 17-06 are reasonably necessary because of local climatic, geological, and topographic conditions that are described below.

I. Local Conditions
A. Geological and Topographic
Limited Landfill Space. Orinda is located in the central/west portion of Contra Costa County. The City is nearly built-out and there are no landfills located within this jurisdiction. There is limited landfill space in the surrounding area in Contra Costa and Alameda Counties. In fact, of the two active landfills in our region, one (ACME) is in the process of closing and does not accept waste for landfilling at this time. The other landfill, Keller, has 49 years of capacity remaining.

High Proportion of Addition and Remodel Projects. Due to the built out nature of the city, there is not as much new construction in this city as compared to other jurisdictions across the state. The majority of building permits issued in Orinda are for interior renovations or other building alteration such as re-roofs.

Under section s4.408 and 5.408 of the 2016 Building Standards Code, California construction projects are required to divert at least 65% of construction and demolition waste. This diversion requirement applies to residential and commercial new construction, addition and demolition projects, as well as non-residential remodels. The requirement does not apply to interior renovations or re-roof projects.

Orinda is a member agency in the Contra Costa County Waste Management Authority (RecycleSmart). Every year, RecycleSmart submits total waste diversion data to the state for review. The state reviews both overall diversion in tons and as a percentage of construction waste generated. In 2006, this data indicated that RecycleSmart member jurisdictions were not meeting minimum required diversion requirements. Orinda’s rate that year was 45%, below the state mandate of 50%. Since that time, Recycle Smart G.1.b
Packet Pg. 58
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) has worked closely with jurisdictions to improve diversion documentation. In 2016, the diversion rate for RecycleSmart member agencies was 61%. Re-roof and addition projects are a very common project type in Orinda, and by excluding these project types from diversion requirements under the new building code in 2017, Orinda’s reported diversion numbers are likely to be lower than the actual diversion that is occurring.

Local Recycling Documentation Process. Since Orinda is a member agency in RecycleSmart, Orinda and other member agencies utilize a common process for waste diversion documentation. RecycleSmart audits facilities and verifies that they can meet the 65% diversion requirement. Project applicants compete a Waste Management Plan in the electronic GreenHalo system, at which point they choose a facility where waste will be hauled. Only those facilities that have been approved by RecycleSmart are available for applicants to choose on GreenHalo. At the end of a project, applicants upload recycling receipts into the GreenHalo system for review by Planning Department staff. The adopted building code simply requires that a “waste management plan” be prepared for projects that are subject to construction waste diversion requirements.

There is no specific information about the format or content of the plan or how it should be submitted and reviewed. It is important that the construction waste diversion documentation process is state more clearly in the municipal code so that staff can point directly to this code section when explaining diversion requirements to project applicants or processing code enforcement cases related to non-compliance.

B. Climatic
Greenhouse Gases. The California Air Resources Board has collected information on emissions from air pollution sources since 1969. This information is periodically compiled by State and local air pollution control agencies to create regional and statewide greenhouse gas emissions inventories. The California greenhouse gas emissions inventory maintains information on various air pollution sources and identifies “mobile sources” (all on-road vehicles such as automobiles and trucks; off-road vehicles such as trains, ships, aircraft; and farm equipment) as a primary pollution source.

According to the 2016 statewide inventory, emissions from recycling and waste comprising of 2% of the total greenhouse gas emissions, have grown by 19% since 2000, and 94% of that amount are landfill emissions. California adopted recycling laws to help reduce greenhouse gas emissions by reducing landfill disposal.

A greenhouse gas inventory was completed for the City of Orinda in 2009 based on 2005 data and revealed that the City’s emissions by sector are different from the states proportion of emissions by sector. In particular, solid waste accounted for 4.3% of emissions in Orinda, more than twice the statewide rate of 2%. As a result, recycling policies in this City have a larger proportional impact on emission reduction. According to the City’s online construction waste tracking system, GreenHalo, over the past year a total of 880.40 tons carbon dioxide equivalent (CO2e). If additions and remodels valued at $50,000 or covering 1,000 square feet were also required to document recycling and reuse, CO2e savings would increase substantially.

G.1.b
Packet Pg. 59
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) More restrictive construction and demolition waste recovery requirements would be consistent with the intent of State legislation to aggressively implement waste policies designed to ensure success in meeting greenhouse gas emission reduction goals.

Weather. Orinda’s weather is typical of the Norther California Coast, with mild summers and cool, wet winters. Due to its inland location on the east side of the East Bay Hills, temperatures are somewhat less moderate than that of communities west of the hills along the San Francisco Bay. It occasionally freezes in the winter and there are occasional summer days with temperatures in the 90s. The July high is typically 82 degrees and the January low is typically 40 degrees. Prevailing winds are from the north or northwest in the afternoons. On average, there are 261 sunny days per year, and the City receives 28 inches of rain. More restrictive construction and demolition waste recovery requirements would not have a negative impact on the temperature, wind or precipitation conditions within the City.

II. Necessity of More Restrictive Standards.

Because of the local climatic, geological, and topographical conditions described above, the Council finds that there are local conditions unique to Orinda that require the increased construction waste diversion documentation requirements set forth in Ordinance 17-06.
933257.2
G.1.b
Packet Pg. 60
Attachment: Resolution 01-23 (2995 : Adoption of Building Code Ordinance) City Council
Staff Report
Agenda Item: H.2
Date: December 6, 2022
Department: Planning Department
AGENDA TITLE: 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 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.

BACKGROUND:

The California Building Standards Commission has adopted the 2022 California Building Standards Code (CBSC), replacing the 2019 CBSC. The CBSC includes the California Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Fire, Energy, Historical Building, and Existing Building Codes (“Building Codes”). These statewide codes will be effective January 1, 2023. The 2022 Building Codes represent the new minimum required standards for building construction in California. The 2022 editions of the Building Codes reflect changes in technology, fire safety techniques, and the building industry. Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the local jurisdiction finds that the changes and modifications are reasonably necessary because of local climatic, geological, topographical, or environmental conditions. The attached proposed ordinance would adopt the statewide codes and amend them to address local conditions.

Contra Costa County (the “County”) provides building inspection services within the City of Orinda by contract with the City. At a public hearing held on November 8, 2022, the Contra Costa County Board of Supervisors adopted Ordinance 2022-35, which adopts the 2022 editions of the Building Codes with modifications to those codes to reflect local conditions. The County recommended local amendments contained in the proposed Ordinance are predominantly designed to address the risk of seismic activity, to protect public health and safety, and to promote sustainable energy and waste management policies and practices.

G.1.c
Packet Pg. 61
Attachment: Staff Report from December 6, 2022 (2995 : Adoption of Building Code Ordinance) The purpose of this agenda item is to introduce modifications to the Building Codes that reflect the County’s modifications thereto, with the exception of the County’s modifications to the California Energy Code concerning all-electric buildings and the California Green Building Standards Code concerning construction and demolition debris recovery, as discussed below, and to review proposed findings of fact in support of the County’s and City’s modifications.

DISCUSSION:

With the adoption of proposed Ordinance 23-01, the City would adopt the 2022 editions of the Building Codes with amendments to reflect local conditions. In the interest of uniformity, the amendments the City would adopt are substantively the same as those adopted by the County, with the exception of the County’s modifications to the California Energy Code concerning all-electric buildings and the California Green Building Standards Code concerning construction and demolition (“C&D”) debris recovery.

On January 18, 2022, the County Board of Supervisors adopted Ordinance 2022-02, adopting modifications to the California Energy Code requiring that all newly constructed residential, detached accessory dwelling unit, hotel, office, and retail type buildings that do not have vested rights before June 1, 2022 be all-electric buildings. An all-electric building is defined as a building that has no natural gas or propane plumbing within the building, and that uses electricity as the sole source of energy for its space heating, water heating, cooking appliances and clothes drying appliances. This amendment would impose a stricter standard than that included in the statewide code as the statewide code has no requirement for all-electric buildings. On September 27, 2022, Orinda Planning Staff brought the policy discussion of building electrification to the regular City Council meeting; at this meeting, the Council provided direction to not build this into the standard option of the three-year building code. Therefore, the proposed ordinance for adoption in Orinda does not contain this County-approved provision.

Orinda regulates C&D recycling separately from the County with recommendations from RecycleSmart, of which Orinda and several other cities within Contra Costa County are members. RecycleSmart approves and certifies C&D facilities for compliance with C&D diversion requirements set by the California Green Building Code Standards in pursuit of AB 939 (The California Waste Management Act). Ordinance 23-01 therefore reflects the City’s adoption of specific local amendments to C&D measures.

While Ordinance 23-01 Appendix A presents a clean version of the proposed new, updated chapters of the Orinda Municipal Code that would be effective upon the ordinance’s adoption (included as Attachment A to this staff report), a redlined version of Appendix A – showing all of the changes between the existing Orinda Municipal Code and the proposed new, updated chapters – is also attached for the Council’s information as Attachment B.

As a whole, the local amendments to 2022 editions of the Building Codes serve the public interest by reducing the risk to life and property of the citizens of the City of Orinda. These amendments must be justified by findings of fact based upon the unique G.1.c
Packet Pg. 62
Attachment: Staff Report from December 6, 2022 (2995 : Adoption of Building Code Ordinance) geological, topographical, and climatic conditions of the City. A proposed resolution adopting the findings of the County upon which its amendments to the Building Codes are based and readopting the City’s findings supporting its amendments to the C&D provisions is included as Attachment C. This resolution should be formally approved when the City adopts Ordinance 23-01 (currently scheduled for January 10, 2023).

The County’s amendments to the 2022 editions of the Building Codes continue the amendments that were made to prior versions (2019, 2016), and also include substantive changes to the 2022 editions of the Building Codes, which the City would adopt with Ordinance 23-01. The County Ordinance is included as Attachment D. A summary of the amendments is below:

1. Modifications to the 2022 California Building Code
a. Require installation of hard-wired smoke detectors in existing flat roof buildings when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. This amendment is the same as the local amendment made to the 2019 statewide code. b. Require more reinforcing in some building foundations to better withstand seismic forces found in the region of California. This amendment is the same as the local amendment made to the 2019 statewide code.

2. Modifications to the 2022 California Residential Code a. Prohibit the use of gypsum wallboard as seismic bracing. This amendment is the same as the local amendment made to the 2019 statewide code. b. Restrict the use of Portland Cement Plaster as seismic bracing to singlestory single- and two-family dwellings and accessory structures. This amendment is the same as the local amendment made to the 2019 statewide code.

3. Modifications to the 2022 California Green Building Standards Code (“CALGreen” or “CGBSC”)
a. The electric vehicle charging station (EVCS) requirements in the statewide code for new multi-family buildings now meet or exceed the local amendments made to the previous statewide code with the substantive exceptions noted below.
i. The statewide code does not require fully-functional EVCS for new multi-family dwellings, hotels, and motels when fewer than 20 dwelling units, sleeping units, or guest rooms exist. The statewide code requires that 10 percent and 25 percent of the total number of parking spaces be “EV Capable” or “EV Ready” respectively. These spaces are equipped with the electrical conduit and other associated electrical infrastructure to support the future installation of electric vehicle charging devices. The ordinance would require that in addition to the statewide requirements as noted above, an additional 10 percent of the total number of parking spaces be equipped with fully-functional electric vehicle charging equipment.

This amendment would impose a stricter standard than that included in the statewide code.

G.1.c
Packet Pg. 63
Attachment: Staff Report from December 6, 2022 (2995 : Adoption of Building Code Ordinance) b. The electric vehicle charging station (EVCS) requirements in the statewide code for new non-residential buildings now meet or exceed the local amendments made to the previous statewide code with the substantive exceptions noted below.
i. The statewide code requires that building sites include spaces for both future “EV Capable” spaces that are equipped with the electrical conduit and other associated electrical infrastructure to support the future installation of electric vehicle charging devices and fully-functional EVCS, however the number of fully-functional EVCS spaces required by the statewide code is generally limited to 4-5 percent of the total number of parking spaces. The ordinance would amend the number of fully-functional EVCS spaces required to a minimum of 10 percent of the total number of parking spaces.

This amendment would impose a stricter standard than that included in the statewide code.
ii. The statewide code does not require fully-functional EVCS where the total number of parking spaces provided is fewer than 26. The ordinance would require a proportional number of fully-functional EVCS spaces where the number of parking spaces is 10 or more.

This amendment would impose a stricter standard than that included in the statewide code.
c. More restrictive construction waste reduction, disposal, and recycling standards consistent with those presently enforced in the City, including:

Apply construction waste management requirements in the statewide code to certain projects for existing residential buildings, including: Projects where the addition or alteration is 1,000 square feet or larger. Projects where the project valuation is $50,000 or greater. Projects where the addition or alteration increases the building’s conditioned area, volume, or size. Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. Require measuring and documentation of all generated debris to ensure that at least 65% is diverted from landfills.

4. Modifications to the 2022 California Existing Building Code a. The amendments to the 2022 California Existing Building Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code and to be consistent with the administrative provisions of the other statewide codes as amended.

5. Modifications to the 2022 Electric Code
a. The amendments to the 2022 California Electric Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code and to be consistent with the administrative provisions of the other statewide codes as amended.

6. Modifications to the 2022 Plumbing Code
a. The amendments to the 2019 California Plumbing Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code and to be consistent with the administrative provisions of the other statewide codes as amended.

G.1.c
Packet Pg. 64
Attachment: Staff Report from December 6, 2022 (2995 : Adoption of Building Code Ordinance)

7. Modifications to the 2022 Mechanical Code
a. The amendments to the 2022 California Mechanical Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code and to be consistent with the administrative provisions of the other statewide codes as amended.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed ordinance is exempt from the California Environmental Quality Act (“CEQA”), in that the adoption of State codes and the local amendments herein described do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b) (3) and 15378(b) (5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).

FISCAL IMPACT:

None.

NEXT STEPS:

Staff will bring Ordinance 23-01 and Resolution 23-01 back for a public hearing and adoption at the January 10, 2023 City Council meeting. At least 15 days prior to the January 10, 2023 meeting, at least one full copy of the 2022 editions of the Building Codes must be filed with the City Clerk for public inspection. Staff will also publish a special notice of the public hearing in the local newspaper once a week for 2 successive weeks, with at least 5 days intervening between the 2 publication dates. After the public hearing and the adoption of Ordinance 23-01 and Resolution 23-01, staff will send copies of Ordinance 23-01 and Resolution 23-01 to the California Building Standards Commission, the Department of Housing and Community Development, the Moraga Orinda Fire District (“MOFD”), and the County. The statewide codes will be effective January 1, 2023, and will apply to all projects submitted on or after that date, regardless of Orinda’s adoption of Ordinance 23-01 and Resolution 23-01. Staff have been coordinating with MOFD staff, and have received and are reviewing MOFD’s proposed local amendments to the Building Codes. Staff will separately bring those amendments forward for Council consideration, consistent with the procedures described in State law.

ATTACHMENTS:

A. Draft Ordinance 23-01 with Appendix A (2022 Building Code adoption with modifications)
B. Redlined Appendix A
C. Draft Resolution 23-01 with Appendices A and B (Findings in Support of Changes, Additions, and Deletions to Statewide Building Standards Code) D. Contra Costa County Board of Supervisors Ordinance No. 2022-35 Respectfully Submitted by:

G.1.c
Packet Pg. 65
Attachment: Staff Report from December 6, 2022 (2995 : Adoption of Building Code Ordinance) Drummond Buckley
Director of Planning
Prepared By: Celina Palmer,
Approved by:

G.1.c
Packet Pg. 66
Attachment: Staff Report from December 6, 2022 (2995 : Adoption of Building Code Ordinance) City Council
Staff Report
Agenda Item: H.1
Date: January 17, 2023
Department: Administration
AGENDA TITLE: Winter Storm Update and Adopt Resolution Relating to Existence of a Local Emergency
RECOMMENDATION:

Receive a Report on the recent Winter Storms response and impacts and Adopt Resolution 05-23 ratifying the City Manager’s Proclamation of the existence of a local emergency.

BACKGROUND: Northern California has experienced reoccurring significant winter storms starting on or about December 27, 2022. City staff has been responding to a variety of issues and problems which have arisen out of each of these storms and continues to do so. Issues addressed range from downed trees to clogged storm drains, to mudslides, including a number that temporarily closed roads and some on the City’s Orinda Oaks Parks parcel. On January 17th, staff will provide a more detailed report.

It is important to acknowledge our Public Works Maintenance crew and their efforts during the continuing rounds of storms. Our Public Works maintenance crew is just four (4) people, and while we supplement that with some contract services, they take the lead in responding. They have been subjected to constant call-outs at all hours of the day and night and must work in difficult conditions, often in the pouring rain and wind.

They don’t hesitate in the moment and do what is needed, but it does take a toll, especially when we have what we are seeing now as wave after wave of storms with little to no downtime. That also means that they are not able to get to some of their regular duties, or even follow up on less urgent storm-related matters, as quickly as we would like or be able to do otherwise.

DISCUSSION: Governor Newsom declared an ongoing statewide emergency due to the storms on January 4, 2023, and that declaration goes back to December 27, 2022. This declaration may make the State and other government entities eligible for Federal Assistance for a certain type of storm damage. Given the possibility of Federal Assistance if needed and eligible, City Manager Biggs issued a local emergency proclamation on Friday, January 6
th, copy attached, with the same commencement date
of December 27, 2022. State law requires that the City Council ratify the City Manager’s proclamation of an emergency and Resolution 05-23 is attached which will do so if adopted by the City Council.

NEXT STEPS: The State of Emergency will continue until rescinded, and that timing will depend upon the weather. Staff will continue to respond to the Winter Storms and will track damage, and immediate repair costs associated with response, and will also work H.1
Packet Pg. 67
to qualify future longer-term repair costs such as with some of the slides and other damage which may be reimbursement eligible.

FISCAL IMPACT: None as a result of this item but ratifying the local emergency may make the City eligible for some Federal funding for the response and repairs.

ATTACHMENTS:

A. Emergency Proclamation and Resolution by City Manager 1.6.23 B. Resolution 05-23 Emergency Resolution 2022-23 Storms Respectfully Submitted by:

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

H.1
Packet Pg. 68
H.1.a
Packet Pg. 69
Attachment: Emergency Proclamation and Resolution by City Manager 1.6.23 (2996 : Ratify Declaration of Emergency)

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

Resolution of the City Council )
of the City of Orinda Proclaiming )
the Existence of a Local State of ) Resolution No. 05-23 Emergency with Respect to the )
Continuing 2022-23 Winter Storms )
WHEREAS, Section 2.32.090 of the Orinda Municipal Code, empowers the City Manager/Director of Emergency Services to proclaim the existence or threatened existence of a local state of emergency when the City is affected by a public calamity; and WHEREAS, a series of severe winter rainstorms began in northern California, bringing high winds and significant amounts of precipitation in Contra Costa County starting on or about December 27, 2022, and are continuing; and
WHEREAS, the rainstorms have resulted in flooding, which has endangered public health and safety and presented a hazard to the members of the community, private property, and public infrastructure; and
WHEREAS, during and/or immediately following the rainstorms, there have been a variety of impacts to the City’s roadway network, storm drains and culverts, and land and mudslides have occurred: and
WHEREAS, it is expected that mitigating and repairing the damages caused to public infrastructure, including the storm drain and roadway system, may be complex and costly; and WHEREAS, the events and damages arising from the emergency are not contemplated in the City of Orinda’s Capital Improvement Budget and may be beyond the City’s ability to restore infrastructure without compromising other priorities; and WHEREAS, the City Manager issued a Proclamation on January 6, 2023, declaring a local emergency; and Council has been requested by the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local state of emergency; and WHEREAS, the City Council does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Orinda, as a result of the severe rain-storms and flooding, commencing on or about December 27, 2022; and WHEREAS, the aforesaid conditions of extreme peril warrant and necessitate the proclamation of the existence of a local state of emergency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORINDA, DOES HEREBY PROCLAIM AND ORDER:

H.1.b
Packet Pg. 70
Attachment: Resolution 05-23 Emergency Resolution 2022-23 Storms (2996 : Ratify Declaration of Emergency) Section 1. That a local state of emergency now exists throughout the City.

Section 2. That during the existence of said local state of emergency, the powers, functions, and duties of the City Manager and the Emergency Services System of the City shall be those prescribed by State Law, by Ordinances and Resolutions of the City, and by the City of Orinda Emergency Operations Plan.

Section 3. That said local state of emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council, and until such time, the City Council shall review, at regularly scheduled Council meetings until the local emergency is terminated, the need for continuing the local emergency.

Section 4. That City staff is hereby authorized and directed to take any action that may be necessary or convenient to assist in obtaining federal, state or regional disaster / emergency relief funding.

Section 5. That the City Manager or his/her designee is hereby designated as the authorized representative of the City of Orinda for the purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain county, state or federal relief assistance.

Section 6. The City Clerk shall forward a copy of this resolution to the Governor, to the California Office of Emergency Services, to the Contra Costa County Emergency Services Division, and to all other appropriate county, state and federal agencies with an interest therein.

Section 7. City staff is hereby authorized and directed to take any and all actions that they or the City Attorney may deem necessary or advisable in order to respond to and repair storm damage to effectuate the purpose and intent of this Resolution.

Section 8. That time is of the essence to protect public safety and to facilitate response to the immediate peril.

Section 8. That pursuant to Section 22050 of the Public Contract Code, the City Council finds that the requirement for competitive bidding must be waived to facilitate the necessary repairs.

Section 9. The City is undertaking to implement the repairs as expeditiously as possible.

Section 13. The actions authorized by the Council are exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Guideline sections 15302 (Replacement or Reconstruction) and 15269 (Emergency Projects).

Section 14. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Orinda at a special meeting held on the 17th day of January 2023, by the following vote to wit:

AYES:

NOES:

H.1.b
Packet Pg. 71
Attachment: Resolution 05-23 Emergency Resolution 2022-23 Storms (2996 : Ratify Declaration of Emergency) ABSENT:
______________________________
Inga Miller, Mayor
City of Orinda, California
ATTEST:
___________________________
Sheri Marie Smith, City Clerk
H.1.b
Packet Pg. 72
Attachment: Resolution 05-23 Emergency Resolution 2022-23 Storms (2996 : Ratify Declaration of Emergency) City Council
Staff Report
Agenda Item: H.2
Date: January 17, 2023
Department: City Clerk
AGENDA TITLE: Update on Return to In-Person City Meetings beginning in March, 2023 and Authorization For Continued Use of Remote Teleconference until February 28, 2023
RECOMMENDATION:

Provide direction to staff on the return to in-person meetings in March, 2023 and any future exploration of providing an option of teleconferencing.

Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of January 18, 2023 to February 16, 2023 Pursuant to the Provisions of Assembly Bill 361.

BACKGROUND:

On October 5th, 2021 in response to the on-going COVID pandemic the Orinda City Council adopted Resolution No. 42-21 approving the continued use of teleconferencing for the meetings of all City legislative and advisory bodies pursuant to the provisions of Assembly Bill 361. The resolution was ratified on October 19, 2021, and at regular intervals in 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.

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 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 through February 16, 2023, with a subsequent and last ratification to be presented on February 7th which will identify a termination date of February 24th or so.

On January 5, 2023, Contra Costa Health Services issued the attached revised Recommendations for Safely Holding Public Meetings in which online meetings are still encouraged. While this continuing advice could allow for the continued use of teleconferencing, the expiration of the State of Emergency calls the advisability of that into question.

H.2
Packet Pg. 73
Return to In-Person Meetings
Beginning in March 2023, the City will need to return to in-person City meetings due to the end of the declared State of Emergency. Given the logistical considerations of returning to in-person meetings on any basis other than the prior traditional format, at this time we will be unable to offer a hybrid option. If the Council decides it would like staff to explore offering a teleconference option in addition to the in-person meetings, then staff will refine the options including associated costs, both one-time technology needs and any on-going costs.

While there are some constraints and obstacles to overcome regarding hybrid meetings, recent changes to the Brown Act have made it easier to utilize a teleconferencing option on an ongoing basis if certain conditions are met. Many residents and other attendees at City Council meetings may wish to be able to continue to participate remotely as well.

Staff will present a more detailed discussion of the pros and cons of hybrid options at a subsequent Council meeting.

FISCAL IMPACT:

None at this time.

ATTACHMENTS:

A. Weblink to: Staff Report, Adopted Resolution at October 5, 2021 Council Meeting B. CCC Recommendations for Holding Safe Public Meetings - January 5, 2023 Respectfully Submitted by:

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

H.2
Packet Pg. 74
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 January 5, 2023 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are stable but remain elevated. 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 1-5-2023
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
H.2.b
Packet Pg. 75
Attachment: CCC Recommendations for Holding Safe Public Meetings - January 5, 2023 (2989 : Ratify Continued Teleconference Resolution -