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, February 21, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 02.21.23
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 02.21.23
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
E. PUBLIC FORUM
The public forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the City Council that is not on the agenda.
Additionally, a speaker has the option of addressing the Council on an item listed on the agenda, if the speaker will not be present when that agenda item is taken up. When an item is not listed on the agenda, State law prohibits Council discussion or action. Councilmembers may only “briefly respond” to statements made and questions posed. For example, State law allows Councilmembers to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, consistent with the “Matters Initiated” rule contained in its Policies and Procedures Manual, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.
F. CONSENT CALENDAR
F.1. City Council Minutes
Recommendation:
Approve City Council Minutes:
1. January 31 , 2023 - Special Meeting
2. February 7, 2023 - Regular Meeting
F.2. Amendment of City Council Committee Appointment/Liaison List for 2023
Recommendation:
Review and Approve Amended City Council Committee Appointment / Liaison List for 2023.
F.3. Proclaiming the Termination of a Local State of Emergency due to the COVID Pandemic
Recommendation:
City Council
Agenda Page 3 02.21.23
Staff recommends that the City Council adopt Resolution 13-23, terminating the local state of emergency effective February 28, 2023.
F.4. Reaffirming proclamation of the Existence of a Local State of Emergency with Respect to the Continuing 2022-23 Winter Storms Recommendation:
Staff recommends that the City Council adopt Resolution 14-23 F.5. Proposed Adjustment to the Master Fee Schedule (Transportation Impact Fees) Effective January 1, 2023
Recommendation:
Adopt Resolution No. 12-23 modifying the master fee schedule to incorporate the annual automatic increase to Transportation Impact Fee.
F.6. Art in Public Places Committee Annual Report for Calendar Year 2022
Recommendation:
Staff recommends the City Council review and accept the Annual Report from the Art in Public Places Committee for calendar year 2022.
F.7. Authorizing the City Manager to enter into an agreement with Taste of the World Market, Inc. to provide Food Truck Concession to the City of Orinda through October 2025.
Recommendation:
Staff recommends the City Council authorize the City Manager to execute an agreement with Taste of the World Market, Inc. on behalf of the City, subject to approval as to form by the City Attorney, to continue operating a Food Truck Concession from April 2023 through October 2025.
G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Supplemental Sales Tax Oversight Commission (SSTOC) Annual Report
Recommendation:
Review, discuss, and accept the FY 2021-2022 SSTOC Annual Report, and provide Direction, if any.
H.2. Discussion and Direction Regarding Options and Policies for Future In-Person and Hybrid Meetings of the City’s Brown Act Bodies Recommendation:
Staff recommends the Council discuss the full range of options and policies for future meetings of the City’s Brown Act bodies (in-person and hybrid). Staff also recommends the Council ask any questions they may have regarding the Brown Act’s teleconference rules (as amended by AB 2449) and discuss their use and implications.
City Council
Agenda Page 4 02.21.23
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Saturday, February 25, 2023 at 9:00 AM.
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.
AGENDA TITLE: City Council Minutes
RECOMMENDATION:
Approve City Council Minutes:
1. January 31 , 2023 - Special Meeting
2. February 7, 2023 - Regular Meeting
ATTACHMENTS:
A. City Council Meeting Minutes of January 31, 2023
B. City Council Meeting Minutes of February 7, 2023
Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
F.1
Packet Pg. 5
Orinda City Council Minutes Page 1 of 11 01.31.23
January 31, 2023
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed at: http://orindaca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2349 They are also kept in the City Clerk’s Office as part of the public record and available upon request. 6:00 P.M. – SPECIAL MEETING– BY TELECONFERENCE
A. CALL TO ORDER / ROLL CALL:
Mayor Miller called the Regular Meeting to order at approximately 6:00 p.m.
COUNCILMEMBERS PRESENT: Brandyn Iverson, Latika Malkani Vice Mayor Darlene Gee, Mayor Inga Miller
COUNCILMEMBERS ABSENT: Councilmember Janet Riley.
B. PLEDGE OF ALLEGIANCE – Led by Mayor Miller.
C. ADOPTION OF AGENDA
City Manager Biggs reported a staff-recommended modification under Item D.1’s Proposed City Council Resolution 07-23 Exhibit A-2, and that the Council will be adjourning to a “Regular” meeting on February 7, 2023.
MOTION by Councilmember Iverson moved and seconded by Councilmember Gee to adopt the agenda. Said motion carried by unanimous (4-0) roll call vote.
D. PUBLIC HEARING
D.1. Adoption of Plan Orinda including the Environmental Impact Report, Downtown Precise Plan, 2023-2031 Housing Element Update, and Safety Element Update.
Recommendation:
Adopt City Council Resolution 07-23, 08-23, and 09-23 with the following actions:
1. Take the following actions pursuant to the California Environmental Quality Act (CEQA)
a. Certify the Final Environmental Impact Report for Plan Orinda, which includes the 2023-2031 Housing Element Update, Safety Element Update, and the Downtown Precise Plan;
b. Adopt Findings under CEQA;
F.1.a
Packet Pg. 6
Attachment: City Council Meeting Minutes of January 31, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 2 of 11 01.31.23
c. Adopt a Statement of Overriding Considerations for those impacts that were found to be significant and unavoidable;
d. Adopt and incorporate into the Project all of the mitigation measures for the Project;
e. Adopt the Mitigation Monitoring and Reporting Program for the Project,
2. Adopt the Downtown Precise Plan;
3. Adopt a General Plan Amendment to: (1) Approve the 2023-2031 Housing Element Update, and (2) Approve the Safety Element Update; and
4. Authorize submittal of the approved 2023-2031 Housing Element Update to the State Department of Housing and Community Development (HCD) for final certification.
City Manager Biggs provided a brief introduction of the item.
Director of Planning Drummond Buckley gave an historical account of the work leading to this date and the process undertaken by City staff, the Planning Commission, Downtown Planning & Housing Element Subcommittee, the City Council, and the community through outreach and education efforts to this date, with the goal of adopting Plan Orinda, including the EIR, DPP, Housing Element Update, and Safety Element Update.
Mr. Buckley introduced presenters Darcy Kremin from Rincon Consultants for the EIR; Assistant Planner Darin Hughes for the DPP; Placeworks representatives Cynthia Walsh and Jennifer Gastelum for the Housing Element; and Eli Krispi from Placeworks for the Safety Element. Also present is Associate Planner Winnie Mui who has been assisting with all Plan Orinda activities over the last few years, City Attorney Osa Wolff, and Allison Giffin from Placeworks who worked on the Evacuation Study.
He gave a background of the Planning Commission’s January 18th meeting wherein the Commission adopted the resolution recommending certification of the EIR and approval of the Plan Orinda components. He then pointed to and described the actions being requested for Council approval tonight.
Darcy Kremin, Rincon Consultants, gave a presentation on CEQA, steps they took and impacts found, the Downtown Planning & Housing Element Subcommittee meeting to solicit comments, the FEIR which was published on January 13, 2023 which includes Responses to Comments, and minor revisions made to the EIR in response to comments.
She then described a reasonable range of CEQA alternatives designed to reduce, avoid, or minimize significant impacts of the project while meeting most project objectives, and described the three alternatives that were analyzed in full detail (No Project Alternative and two development alternatives).
F.1.a
Packet Pg. 7
Attachment: City Council Meeting Minutes of January 31, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 3 of 11 01.31.23
She described the comments received on alternatives, the conservative approach the City took in its analyses, assumptions made, economic analysis and findings, and noted the City did not have enough information about the number of density bonus applications and density bonus waivers and concessions.
Ms. Kremin then provided an overview of the evacuation analyses and conclusions about emergency evacuation conditions. Given uncertainties inherent in wildfire situations and to be conservative, the EIR concluded that wildfire impacts could be significant and unavoidable. Conclusions about emergency evacuation conditions in the EIR and evacuation analysis are similar.
Assistant Planner Darin Hughes gave a brief overview of the DPP which the Council has previously reviewed in multiple meetings. He presented the DPP Project Area, its 5 chapters, appendices, and structure, changes upon approval in the City’s regulations, and evaluation of the potential for San Pablo Creek restoration and access.
Jennifer Gastelum from Placeworks gave the City’s Housing Element Update presentation, providing an overview of the eight mandated General Plan elements and process, described the importance of Housing Element compliance, compliance timing, a schedule of progress made with HCD, key changes to the public outreach, key changes to Housing Element Programs, key changes to the Fair Housing analysis, and key changes to housing constraints and to the overall sites analysis.
Cynthia Walsh, Placeworks, gave a presentation on the Sites Inventory analysis revisions involving realistic capacity, clarification of pending and approved projects and their affordability, current examples of housing development on church sites and non-vacant parcels, addition of a small sites analysis, and revised ADU assumptions. Once reevaluated, the DPP sites list was reduced from the original 43 sites down to 21 sites for the first submittal to HCD. They added an additional 5 sites back in which brought the total to 26 sites for the downtown. She said for sites DPP 1-5, they originally increased density from 30 to 50 du/acre and then revised it to increase to 55 du/acre. For the DPP Site 6, they increased this from 30 to 55 du/acre, as well as the BevMo block.
For height, revisions included up to 45 feet, and they have maintained that through this analysis. She then described the various income categories and mixed income which helps with AFFH standards, comparison of how realistic capacity is broken down on each parcel, key changes to the DPP sites analysis, DPP sites assumed to meet the RHNA and mapping, key changes to the Caltrans Gateway site analysis to allow200 units of high-density housing. She displayed a photo showing the Caltrans Gateway site, a summary of capacity compared to RHNA, comments and calls from HCD and revisions made, changes in timeframes which are included in the Housing Element, removal of some sites where they are meeting their moderate and above-moderate capacity, and an overview of the City’s responses, revisions, minor technical and miscellaneous edits made based upon HCD comments.
F.1.a
Packet Pg. 8
Attachment: City Council Meeting Minutes of January 31, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 4 of 11 01.31.23
Lastly, Ms. Walsh presented and described the Project Schedule and where they are tonight, with next steps to submit the Housing Element to HCD. It is recommended by the Planning Department that the City Council adopt the Housing Element and authorize staff to submit the draft to HCD for certification review.
Eli Krispi from Placeworks presented an update on the Safety Element. He gave an overview of its purpose, State law requirements for review and update, and inclusion of the City’s other planning efforts around safety planning, He presented changes since the June public draft which include more clarity on the City’s role and its partners in implementing the Safety Element, with incorporation of feedback from Cal Fire and MOFD.
He described the Safety Element’s inclusion of a required Climate Change Vulnerability Assessment, described community engagement held, policy development and the process for community and City Commissions feedback, draft policy examples, evacuation analysis goals, and inclusion of selected wildfire analysis recommendations.
Mr. Buckley described comments received during the Planning Commission and City Council process for adoption, stating over 100 comments were received as well as 11 emails of late correspondence received today. Concerns were received from East Bay for Everyone and others on the Caltrans Gateway site, suggesting the BART station parking lots should be considered instead.
He pointed out a similarly situated site across the freeway where a 34 unit market rate congregate care facility was approved on appeal by the City Council. The congregate care facility is a viable project that is moving forward. He added that there are impediments to development for certain areas of the City. The City has met with Caltrans and is committed to pursuing the Caltrans decertification process and is exploring the excess lands program with their legislators.
Mr. Buckley then described the immediate surroundings of the Caltrans Gateway site, including public open space, bike access, a paved fire road that connects to Moraga Way, a flashing light crosswalk to cross Moraga Way and bike lane, review of a direct multi-use facility link to the Wilder community on Caltrans right-of-way near Hwy 24, confirmed the Housing Element is allocating lower income housing units throughout the community, said CalFire recently released their updated draft maps for Very High Fire Severity Zones (VHFSZ) and High Fire Severity Zone (HFSZ) areas in unincorporated lands and the maps have improved for the areas surrounding the Caltrans Gateway site.
He then spoke about the BART site, stating the City is not opposed to TOD on the site.
Staff has been in discussions with BART since early 2017 and is ahead of the schedule for TOD planning processes. There is complex ownership of the site and it could be ready for inclusion as a RHNA TOD site in the 7th cycle, which BART and the City are working towards.
F.1.a
Packet Pg. 9
Attachment: City Council Meeting Minutes of January 31, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 5 of 11 01.31.23
There were also concerns regarding vacant sites. These are residentially-zoned sites that are counted for moderate and above-moderate RHNA. The sites are zoned in a way that entitles the owners to develop one or more homes. They are not designated as lowerincome sites and the City has included enough sites to have a surplus. Remaining sites are more challenging. Staff sees them being built over time and an Annual Progress Report identifying all new homes built each year is submitted to HCD.
He also said concerns have been raised regarding whether the Housing Element complies with AFFH. Orinda, compared to most other agencies in the State, has done very well in its analysis of the AFFH issue and feels confident the City is in substantial compliance.
Additionally, he described the minor changes staff proposes to the EIR Statement of Overriding Considerations, which he displayed. Staff seeks to add information about the consequences of not complying to the Housing Element requirements as well as the wider context of the State’s declaration and requirements by the State to address the housing crisis.
Regarding next steps, after receiving feedback, if the Housing Element is adopted tonight staff would submit it to HCD and file the CEQA Notice of Determination for the EIR for the entire project.
Vice Mayor Gee cited the City increased densities at several of the sites in order to possibly make up in case the Caltrans Gateway site if it does not turn out to be plausible.
If the City complies with the allowance for three years for rezoning, and if the Gateway site is given the priority in terms of finding out whether it can be developed, she asked if the City would then be able to back down their densities in the Country Club and BevMo sites back to where they were earlier if the Gateway site is developable.
City Attorney Osa Wolff said staff will have several pieces to fit together when it comes to ensuring zoning is in place on the schedule HCD and State law requires. At this time, they do not have a complete roadmap on how they will get from tonight’s Housing Element adoption to satisfying what they hope will be a 3-year deadline. But, the goal will be to upzone those parcels that are needed to meet the Housing Element. The City does not want to put in place zoning with the hope it could then remove it later, as this is no longer a viable option in State law, and only parcels that the City needs and wants should be upzoned.
Vice Mayor Gee asked and confirmed with Ms. Wolff that the City will not be upzoning everything simultaneously over the next three years. Again, she said some of the increased density was added in case they needed more capacity in other locations if the Gateway site could not be developed. Therefore, if they do not rezone the country club block right away and the Gateway site is developable and they know it will be, she asked if they could back down their rezoning of properties.
F.1.a
Packet Pg. 10
Attachment: City Council Meeting Minutes of January 31, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 6 of 11 01.31.23
Ms. Walsh said currently the City’s surplus in the lower income category is 205 units.
They are assuming Gateway is 200 units. That only leaves a surplus of 5 units. However, as the City goes through the process and identifies the potential to reduce the 55 units lower, if the City is meeting the minimum requirements which is a minimum of 20 du/acre and has sufficient capacity based off a lower density the City would be able to do that.
Vice Mayor Gee said if the Gateway site can move forward to HCD as proposed, she confirmed it is not an absolute given the City needs to stick to the 55 du/acre at the Country Club site, and the density could be reduced.
Councilmember Malkani referred to the BART site and she asked and confirmed that staff received direct feedback from HCD staff that the BART site would be challenging because of the timing to come up with development standards and their schedule, as well as ownership challenges. She also confirmed development may be proposed in the 7th housing cycle. She asked if the Caltrans Gateway site could be zoned for multi-use development if they are able to meet requirements elsewhere.
Mr. Biggs said the Caltrans Gateway site is conceptualized as accommodating up to 400 units and for the Housing Element is identified as a site to be developed with 200 units so there is an option when getting to the rezoning period for a higher level of development or mixed income units.
Mr. Buckley said if done under the Governor’s Executive Order it would need to be 100% affordable. He believes the multi-use path is sorely needed now as there is no bike connection directly to the Wilder community from downtown. There is a portion of the path that is challenging and expensive to build; however, the remainder of the area has an adequate area for a wide path and highly competitive for grant monies, which Mr. Biggs expanded upon.
Vice Mayor Gee commented that some residents may not realize this but BART’s current TOD policy requires that development at their stations meet a minimum of 75 du/acre.
This is not to say the City will not pursue this over time but there has been a great deal of concern about balancing height limits.
Mr. Buckley said BART has different typologies for different types of stations. He confirmed the Orinda station has the minimum of 75 du/acre and a 5-story minimum.
Mayor Miller opened the Public Forum.
Nick Waranoff asked to have additional time to speak, given there were four presentations.
F.1.a
Packet Pg. 11
Attachment: City Council Meeting Minutes of January 31, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 7 of 11 01.31.23
City Attorney Wolff said what might be helpful is to talk about the inventory of public comments received prior to 3:00 p.m. today, which includes several items from Mr.
Waranoff. She read out loud the following communications received and distributed to the City Council: Raul Maldonado, Michele Jacobson, Watson Ladd, Nick Waranoff, Vincent Maiorana, Kathleen Jenkins, Darien Key, East Bay for Everyone, Michael Bowen, Ben Leslie-Bole, and Courtney Welch. This is one agenda item and public members will be given one opportunity to speak, and time limits are contained in Policy 4.7.
Mayor Miller added that the Council can adjust the time for more or less than 3 minutes based on the number of speakers, complexity of the item, length of the item, hour, and other factors.
Councilmember Iverson and Vice Mayor Gee voiced concerns with allowing for more speaker time and supported 5 minutes as reasonable to cover the various items under the agenda topic.
MOTION by Councilmember Iverson and seconded by Vice Mayor Gee to allow public comment to be extended to 5 minutes. Said motion carried by (4-0) roll call vote.
Mr. Waranoff said his concern is the value of a human life saved by evacuating and the value of maximizing the likelihood of a safe evacuation for Orinda residents. Both alternatives would have development at BART which would constrain evacuation. He thinks the EIR should have considered the alternative for housing at Caltrans Gateway without housing at BART in order to maximize evacuation, but it did not.
His proposal which is called “Nick’s Plan B” would satisfy RHNA and more fairly distribute housing. The Caltrans Gateway site would not be a lower income outpost but would have the same income distribution as is being applied downtown based on RHNA percentages.
He urged the Council to reject the EIR, reject the Housing Element and reject the DPP and study them further to maximize the City’s ability to evacuate.
Additionally, the height limits in the DPP are meaningless, as density is what determines height. A letter from the Pine Grove owner dated November 4, 2022 indicates they have long-term leases in place ranging from 3-10 years and they have no interest in redeveloping their site to accommodate residential uses.
Darien Key said they submitted public comment today in support of the City’s draft Housing Element with one minor request; that the City Council add Rae Drive as an additional opportunity site, as listed in Table 5-7. The Housing Element notes the inventory must identify adequate sites that will be made available through rezoning, and his client is interested in adding his property because it is surrounded completely by residences and is a vacant lot, and he asked it be added.
F.1.a
Packet Pg. 12
Attachment: City Council Meeting Minutes of January 31, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 8 of 11 01.31.23
Michele Jacobson said the State has enacted laws to address two co-existing crises— the housing shortage and the increased risk of wildfire in WUI’s, and Orinda is subject to both sets of laws. She then spoke about inadequate State guidance of the crossovers of these laws, the City’s obligation to adhere to them, insufficient emergency evacuation options in case of wildfires, and the fact that the analysis did not include growth from the buildout of Plan Orinda and future downtown residents.
She believes the proposed Statement of Overriding Considerations finds this acceptable in order to revitalize the downtown and meet the State’s housing demands, and all of this is disturbing to her. The EIR’s current speculation that there will be zero application of bonus density incentives is also probably the most unlikely scenario. She implored the Council to reject staff’s recommendation as written and direct them to amend Plan Orinda documents and the EIR, to include an alternative that accommodates most new housing in areas away from downtown by reducing the allowed heights and densities downtown, and increase height and densities away from downtown such as to the vacant Caltrans Gateway site.
Additionally, she asked the Council to direct staff to expand the emergency evacuation analysis to include the impacts of the buildout of Plan Orinda, to replace the current assumption that all cars will be able to maintain a 5 mph speed in an emergency evacuation, and include discussion on how the schools will be evacuated and investigate the conditions under which BART would shut down service to the Orinda BART station as it did during the Oakland Hills firestorm.
Michael Bowen, Friends of Orinda Creek, said this is a historic moment and one of the hardest, controversial, and challenging issues Orinda has faced. Restoration of San Pablo Creek is a small part of that puzzle but it is an important community piece. They have expressed their strong support for this step through correspondence and he expressed the Friends’ gratitude to the Council and to staff for navigating these issues and doing it in a way that incorporates some of their thoughts and concerns about the opportunities to draw from natural resources. He urged the Council to move forward and said they appreciate the City’s partnership.
Kathy Finch said she understands the need for affordable housing, but she is concerned with putting everything in the Caltrans Gateway site and asked that it be spread out to be fair to residents. She hopes the Council will investigate ways to get grant monies that would permit a more direct path from the Caltrans Gateway site into Orinda because it is so close rather than going through Brookwood.
Mayor Miller closed the public comment period, and returned to Council deliberation.
F.1.a
Packet Pg. 13
Attachment: City Council Meeting Minutes of January 31, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 9 of 11 01.31.23
Vice Mayor Gee thanked everyone for their input and work over the last several years in what has been a long and thorough process. She understands evacuation concerns, said the State provides the City with direction in overlapping ways that is often difficult to deal with, and these analyses are very probabilistic and modeling exercises and used to make overall good decisions, and recognized evacuation is a concern overall. The City is faced with many growth issues in neighborhoods which it cannot prevent, along with the RHNA process.
She especially thanked Director Buckley for his presentation and points made about the Caltrans Gateway site were excellent. There is a great deal of opportunity there, and all people have to do is look at what is on the other side of it and realize there has been housing in that type of location for a long time. Overall, she thinks the work done on these collective elements together represents an incredibly good faith effort to balance needs, wants, and hopes for the community, and she voiced support to move forward.
Councilmember Iverson voiced appreciation of Mr. Buckley’s comprehensive presentation and responses to concerns, and echoed Vice Mayor Gee’s comments. She thinks the changes to the Statement of Overriding Considerations were helpful, thought about the considerations of missing middle housing, workforce housing, first time homeownership, and things beyond just rental, and said this is not just about creating new housing. The DPP is the best piece of this and she is excited about Mr. Hughes capturing a decade of community feedback, and voiced support.
Councilmember Malkani echoed comments made by Councilmembers, thinks how the adaptation of the two sections in the DPP from the last meeting and interaction staff and consultants had with Friends of Orinda Creek was a good example of how this process works best. In general, the state has a huge housing crisis and the City has to do its part.
The mandates shifted the discussion from whether they grow to how are they going to grow in balancing concerns. The silver lining for Orinda is that they took it not only to look at and plan for housing growth but also development of the downtown. She congratulated staff and everyone for the work.
Regarding the Caltrans Gateway site, she thanked commenters, thinks the site is challenging for many reasons, thinks that in order to create a desirable community it will require additional amenities and also to get a developer interested. She has had discussions with the Planning Director and he is committed to the notion of quality affordable housing and she thinks this presents some great opportunities. She therefore is prepared to support everything before the Council tonight.
Mayor Miller echoed comments of Councilmembers, thanked staff, community members, consultants, the Planning Commission, recognized the work done, compromises made, and the building of trust during an already difficult pandemic time, and is hopeful HCD supports the City’s work and good faith. She referred to the Statement of Overriding Considerations and said there is a need for housing, the need to adhere to the State’s mandate, voiced support to move forward, and asked for a motion.
F.1.a
Packet Pg. 14
Attachment: City Council Meeting Minutes of January 31, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 10 of 11 01.31.23
MOTION by Vice Mayor Gee and seconded by Councilmember Iverson to take the following actions:
1) Adopt Resolution 07-23 to take the following actions pursuant to the California Environmental Quality Act (CEQA):
a. Certify the Final Environmental Impact Report for Plan Orinda, which includes the 2023-2031 Housing Element Update, Safety Element Update, and the Downtown Precise Plan;
b. Adopt Findings under CEQA;
c. Adopt a Statement of Overriding Considerations, as amended per Pages 14 and 15 of late correspondences, for those impacts that were found to be significant and unavoidable;
d. Adopt and incorporate into the Project all mitigation measures for the Project;
e. Adopt the Mitigation Monitoring and Reporting Program for the Project; and 2) Adopt Resolution 08-23 to adopt the Downtown Precise Plan; and 3) Adopt Resolution 09-23 to adopt a General Plan Amendment to: (1) Approve the 2023-2031 Housing Element Update, (2) Approve the Safety Element Update; and (3) Authorize submittal of the approved 2023-2031 Housing Element Update to the State Department of Housing and Community Development (HCD) for final certification. Said motion carried by (4-0) roll call vote.
E. PUBLIC FORUM
Nick Waranoff urged the City Council to set a deadline for staff to work on an inclusionary zoning ordinance to ensure low and very low income housing gets built.
Mr. Buckley said this program is not currently in process and he deferred direction on this by the City Council. Mr. Biggs added that follow-up activities as well as a high level discussion regarding an inclusionary ordinance will be brought to the Council in the future.
F. COUNCILMEMBERS’ REPORTS
Mayor Miller reported that San Ramon’s Mayor Dave Hudson has suffered a stroke and is not expected to fill out his term. Councilmembers wished Mayor Hudson and his family well.
Vice Mayor Gee reported on the excellent California League of California Cities Conference which all five Councilmembers and the City Manager attended.
G. CITY MANAGER’S REPORT
F.1.a
Packet Pg. 15
Attachment: City Council Meeting Minutes of January 31, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 11 of 11 01.31.23
Mr. Biggs acknowledged the hard work of those working on the slide that occurred off Cedar Lane. The community has been very supportive of those impacted there, as well as Cal OES and FEMA representatives. He encouraged those that suffered damage as a result of the storm to visit the City’s website link which allows residents to report it on the County’s website. He also encouraged residents to participate in the Chipper Program.
He reported on his vacation and said Director of Finance Doug Alessio will serve as Acting City Manager during his time off.
H. MATTERS INITIATED – None.
I. ADJOURNMENT
The Special Meeting was adjourned at approximately 8:46 p.m. to the next Regular Meeting on Tuesday, February 07, 2023 at 7:00 p.m.
______________________________________
Sheri Marie Smith, City Clerk
1617506.1
F.1.a
Packet Pg. 16
Attachment: City Council Meeting Minutes of January 31, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 1 of 9 02.07.23
February 7, 2023
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed at: http://orindaca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2360.
They are also kept in the City Clerk’s Office as part of the public record and available upon request. 7:00 P.M. –REGULAR MEETING– BY TELECONFERENCE
A. CALL TO ORDER / ROLL CALL:
Mayor Miller called the Regular Meeting to order at approximately 7:00 p.m.
COUNCILMEMBERS PRESENT: Brandyn Iverson, Latika Malkani, Janet Riley Vice Mayor Darlene Gee, Mayor Inga Miller
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Miller
C. ADOPTION OF AGENDA
City Manager Biggs stated Item F.4 will be removed from the agenda and brought back at a future meeting. He requested the Council move Item F.5 regarding the existence of a local emergency to Policy Matters as Item H.1. Councilmember Malkani asked to remove Item F.10, and Mayor Miller said this can be moved and heard as Item H.2.
MOTION by Councilmember Malkani moved and seconded by Councilmember Iverson to adopt the agenda, as amended. Said motion was carried by a unanimous (5-0) roll call vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Proclamation Recognizing Black History Month in Orinda - February 2023
Mayor Miller and Councilmembers presented a proclamation recognizing Black History Month in Orinda in February 2023, and Mayor Miller read the proclamation into the record.
Councilmember Malkani said she did not see a link for the proclamation and asked if the agenda packet could include the proclamation when published. She noted there was a reference to the DEI efforts of the schools and the City in the past has joined in those efforts which refer to “equity” and not “equality”, and she asked that it be corrected. She also hoped that the City could incorporate DEI efforts into its programming moving forward.
F.1.b
Packet Pg. 17
Attachment: City Council Meeting Minutes of February 7, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 2 of 9 02.07.23
Michael Beller, Contra Costa County Librarian, said they are happy to have been mentioned. He stated it is a privilege to serve this community, and an honor to celebrate Black History Month.
Mayor Miller opened the Public Forum, and there were no speakers.
E. PUBLIC FORUM
City Clerk Sheri Smith reported receiving one Public Forum communication from Nick Waranoff which has been forwarded to the Council and is on the City’s website. There were no speakers present.
F. CONSENT CALENDAR
Mayor Miller requested removal of Item F.9 from the Consent Calendar, and stated Item F.4 has been continued, and Items F.5 and F.10 have been requested for removal and will be heard under Policy Matters.
F.1. City Council Minutes
Recommendation:
Approve City Council Minutes:
1. January 10, 2023 - Regular Meeting
2. January 17, 2023 - Regular Meeting
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
Recommendation:
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of February 8, 2023 to February 24, 2023 Pursuant to the Provisions of Assembly Bill 361.
F.3. Authorizing the City Manager to Enter into a new 3-Year Contract with Contra Costa Certified Farmers’ Market (CCCFM) for Operation of a year-round Orinda Farmers’ Market
Recommendation:
Authorize the City Manager to enter into a new 3-year contract with CCCFM to operate a year-round Orinda Farmers’ Market from April 1, 2023 through March 28, 2026.
F.4. Authorize City Manager to Enter into the First Amendment of the Agreement with Bigbelly Smart Waste and Recycling System Recommendation:
F.1.b
Packet Pg. 18
Attachment: City Council Meeting Minutes of February 7, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 3 of 9 02.07.23
Staff recommends the City Council direct it’s JPA Board Members to request sufficient funding from reserves of recycling revenue ($460,084.37) in which to amend the existing Big Belly contract by extending for an additional five years, and authorize the City Manager to sign said amendment – REMOVED AND CONTINUED
F.6. Contract Acceptance of the Camino Sobrante Retaining Wall Replacement Project No. 4152 with E.E. Gilbert Construction, Inc.
Recommendation:
Staff recommends that the City Council adopt Resolution No.10-23 Acceptance of Work for the Camino Sobrante Retaining Wall Replacement Project No. 4152 with E.E Gilbert Construction, Inc. and authorize the City Clerk to sign and file the Notice of Completion with the Contra Costa County Clerk-Recorder.
F.7. Approve list of streets for the Annual 2023 Pavement Rehabilitation Project and approve $200,000 Road Project Funding Nomination to California Transportation Commission (CTC) for 2023 SB 1 Local Partnership Program formulaic funds for the 2023 Annual Pavement Rehabilitation Project No. 4171.
Recommendation:
Staff recommends the Council review and approve the list of streets for the Annual 2023 Pavement Rehabilitation Project, authorizing the City Manager to execute and submit the Funding Nomination packet to the California Transportation Commission (CTC)
F.8. Authorize Contract Amendment No. 2 with CSG Consultants, Inc. for On-Call Construction Management Services
Recommendation:
Staff recommends that the City Council review Contract Amendment No. 2 for CSG Consultants, Inc to extend the on-call contract for Construction Management services and authorize the City Manager and City Clerk to execute the Contract Amendment, subject to approval as to form by the City Attorney. The amendment will increase the maximum on-call contract amount to $150,000.
MOTION by Vice Mayor Gee moved and seconded by Councilmember Iverson to approve Consent Calendar Items F.1, F.2, F.3, F.6, F.7, and F.8. Said motion carried by unanimous (5-0) roll call vote.
Item Removed from the Consent Calendar:
F.9. Contract Acceptance of the Lavenida Culvert Repair Project No. 4148 with Valentine Corporation.
Recommendation:
F.1.b
Packet Pg. 19
Attachment: City Council Meeting Minutes of February 7, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 4 of 9 02.07.23
Staff recommends that the City Council adopt Resolution No.04-23 Acceptance of Work for the Lavenida Culvert Repair Project No. 4148 with Valentine Corporation and authorize filing a Notice of Completion Mayor Miller said getting the fence and guardrail products in a brown color or a dark color to be less visible is more expensive. It may be something the Council wants to review for future projects.
MOTION by Vice Mayor Gee moved and seconded by Councilmember Riley to approve Consent Calendar Item F.9. Said motion carried by unanimous (5-0) roll call vote.
G. PUBLIC HEARING
G.1. Introduce Ordinance 23-02 Amending Chapter 17.17 of the Orinda Municipal Code and Adopting the State Model Water Efficient Landscape Ordinance ("MWELO") by Reference
Recommendation:
Introduce Ordinance 23-02, waiving full reading, which includes a determination that it is exempt from the California Environmental Quality Act (CEQA).
Mr. Biggs gave the staff report and brief introduction of the item. He said Rick Smeaton, consultant, is available as well City Attorney Osa Wolff to answer questions regarding the ordinance, which is mandated by the State.
Rick Smeaton gave a PowerPoint presentation of the zoning code update of MWELO and recommended the Council introduce the Ordinance which adopts the State’s model ordinance and includes a determination that it is exempt from CEQA.
Vice Mayor Gee asked if the mulching requirement in the ordinance conflicted with the mulching requirement in the Fire Code.
James Duff, Education and Outreach Coordinator, stated in the reading of the ordinance, MOFD’s suggestions for how to mulch would take care of that requirement. He noted some organic mulches would not be allowed in certain areas such as within the zero to 2 feet but there are some resistant-ignition mulches that would be able to fall within that provision. As far as brush goes, he had a question into Chief Winnacker who commented that it is “woody stemmed material with multiple trunks.” Coyote brush is one of the main offenders MOFD is concerned about.
Vice Mayor Gee asked if there should be additional language in this ordinance to make it clearer between the two.
Mr. Biggs added that the Fire District is adopting their defensible space ordinance and taking it out of the current Fire Code. There is language in the State’s model ordinance that they are adopting that does talk about landscape design plans in Section F, which he recited.
F.1.b
Packet Pg. 20
Attachment: City Council Meeting Minutes of February 7, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 5 of 9 02.07.23
His understanding is that because the City is adopting the State model code, that language is what the Council is adopting, and the local guidelines adopted by the Fire Department would provide that additional guidance. Staff is working with the Fire District to come up with a list of allowed plants because it is not well defined in State law and then rests with the Fire Chief to make the determination.
Mayor Miller said she is concerned and needs to address this because brush is a defined word.
Councilmember Malkani said the overriding concern was whether there should be some conferring with MOFD before the ordinance is adopted about exactly what they are talking about. She read this as noble, given the drought but they are dealing with water shortages, eliminating fuels, and the need to keep root systems in place so they do not have landslides.
Mayor Miller asked if she had questions for staff as to whether it makes sense for both agencies to be looking at the two ordinances together at a joint meeting.
Councilmember Malkani asked if the ordinance changes have been shared with Chief Winnacker for comment or she wondered if they could be shared at a 2x2 meeting, etc.
Mr. Biggs said this is current State law, and sometimes cities end up with conflicting provisions. The Fire Chief is familiar with the State model Fire Code and staff had raised this issue previously in the correspondence from the Council and City about the defensible space ordinance and local Fire Code amendments. While the City can go further than the State law, it cannot go less and he thinks clarification is needed as far as implementation as opposed to the legal framework. Projects must comply with these requirements even though they are not codified in the City’s Municipal Code.
City Attorney Osa Wolff agreed and said the City has been requiring compliance with the State model for years now and what they have not done until now is brought it forward for formal adoption. She is hearing several questions about whether a given applicant will be able to comply with both; the WELO and MOFD’s requirements. Her sense is that to date they have been able to, and she suggested talking with MOFD staff to see whether they foresee any conflicts.
In terms of procedure, tonight is a noticed public hearing. If the Council would like to it could continue tonight’s hearing to a future date certain and no re-noticing would need to be done or, if the Council could introduce the ordinance and ask staff to report back with answers at the second meeting. A third option would be to take no action this evening and re-notice the ordinance for a future date.
Mayor Miller asked and confirmed the Council can continue the introduction of the ordinance given any changes requested.
F.1.b
Packet Pg. 21
Attachment: City Council Meeting Minutes of February 7, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 6 of 9 02.07.23
Councilmember Malkani asked and confirmed with the City Attorney that any amendments could be made and brought forward once the ordinance is adopted; that there was no public comments or concerns expressed from the public when it was before the Planning Commission, confirmed climate-adapted plans are defined in State law and this is why the City does not define it here, as new development projects come in staff would use a checklist as to what is required for permitting, and the City added a definition for hot tubs and swimming pools.
Councilmember Iverson referred to the title of the short-lived Climate Pollutants Reduction Act and asked what these short term climate pollutants the City is reducing. Mr. Biggs said water conservation is one goal, but also reducing runoff is another.
Councilmember Iverson recommended focusing on the City’s goals of fire safety and drought preparedness. She said staff indicated this does not apply to parks, sports fields, golf courses, and asked what was not in the text so they can understand the applicability.
Lastly, there is a 25% proportion allowed of lawn relative to other landscaping. If a home has a lot of natural non-landscaped space and a small lawn, she asked how they look at those proportions and asked if they can look at natural property as part of the calculation.
Mr. Smeaton said it is just the square footage of the property. Regarding golf courses, common areas, parks, etc. he can research whether there are any limitations on space to be deemed compliant.
Mayor Miller opened the Public Forum, and there were no speakers.
Councilmember Malkani suggested conferring with MOFD and continue the introduction to the next meeting, although she could also be persuaded to introduce the ordinance tonight.
Ms. Wolff suggested continuing the item to two meetings from now, given noticing requirements and Mayor Miller added they could also check MOFD’s schedule.
Councilmembers suggested not rushing this, gathering more information from MOFD, and voiced support for continuation.
Mayor Miller asked about the 2x2 Committee meeting schedule, and Mr. Biggs said he anticipates the next meeting will be in March. He noted MOFD has their second reading and adoption of their defensible space ordinance next week, and Mayor Miller suggested bringing back the ordinance sometime in April. Discussion then ensued regarding State rules the City must follow, concerns with the timing of the ordinance and re-noticing, and the desire to coordinate with Chief Winnacker and the 2x2 Committee.
Mr. Biggs agreed that he will contact Chief Winnacker to suggest a 2x2 meeting to discuss the City’s ordinance and MOFD’s ordinance.
F.1.b
Packet Pg. 22
Attachment: City Council Meeting Minutes of February 7, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 7 of 9 02.07.23
MOTION by Councilmember Malkani moved and seconded by Councilmember Iverson to continue the MWELO ordinance for consideration on a future agenda in April to be re-noticed, with the intent that while the Council understands the ordinance will be compliant with State law, they also want it to be as consistent as possible with MOFD’s local ordinances and understand the MWELO ordinance and how it interacts with MOFD’s laws so the City can provide as much clarity to residents as possible. Said motion carried by unanimous (5-0) roll call vote.
H. POLICY MATTERS
F.5. Reaffirming proclamation of the Existence of a Local State of Emergency with Respect to the Continuing 2022-23 Winter Storms Recommendation:
Staff recommends that the City Council adopt Resolution 11-23 City Manager Biggs stated this item reaffirms the proclamation of the existence of a local State of Emergency with respect to the continuing 202-23 winter storms. He asked the Public Works Director to provide an update on the damage to public facilities, noting that the main reason they wish to continue it is because they are still discovering damage from the storms.
Public Works Director Scott Christie then provided an update on assessment of repairs from continued storm damage to public facilities, work with the City’s geotechnical engineer relating to the potential need for a retaining wall, additional damage reported by the public, and said the proclamation would give the City an advantage to move forward with a negotiated contract and not a bidding situation which would take additional time.
Councilmember Riley questioned the location of the retaining wall and asked if it is marked. Mr. Christie said it is not marked, but it is located across from the Country Club by the pull-out area which the City utilizes as a staging area on the right side of the road about 1,000 feet up the hill on Camino Sobrante or before coming to the entrance to the OCC Pool. The current wall is about 100 feet in length of timber wood and concrete columns which are leaning.
Councilmember Riley questioned damage to City buildings, and Mr. Christie stated they are included in the list of qualified damaged facilities, given rooms are made uninhabitable and not safe. They have not included, however, Orinda Oaks Park because it is not an immediate threat and something that could be addressed later under normal Public Contracts Code regulations.
Parks and Recreation Director Todd Trimble confirmed this is the extent of damaged park facilities. There is no long-term damage but he noted the fields will take time to dry out.
Mayor Miller opened the Public Forum, and there were no speakers.
Mr. Biggs confirmed with the Mayor there is an updated list with the resolution that added Camino Sobrante retaining wall.
F.1.b
Packet Pg. 23
Attachment: City Council Meeting Minutes of February 7, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 8 of 9 02.07.23
MOTION by Councilmember Malkani moved and seconded by Councilmember Iverson to adopt Resolution 11-23, as amended. Said motion carried by unanimous (5-0) roll call vote.
F.10. Authorization to Execute Fund Exchange Agreement No. 628 with the Contra Costa Transportation Authority (Authority) for State SB1 Local Partnership Program Formulaic (LPP-F)
Recommendation:
Staff recommends authorizing said Agreement and to allow the City Manager or designee to make any non-substantive changes to the language.
Councilmember Malkani questioned how this agreement fits into the City’s overall road repairs.
Public Works Director Scott Christie said the roads that staff selects are based on the Street Saver program which is managed by MTC and they use the as the basis for design.
In this case, it has to do with a State funding source the City has which is the LPP and they require the City to nominate the street list. The funding source is part of the overall funding the City annually relies on for projects. The CCTA Exchange Agreement will allow the City to receive monies sooner and they get a discount on the paving cost, and paying it back later with the CCTA return to source funds, which is a good thing.
Mr. Biggs said staff will also be bringing a more comprehensive update to the Council and SSTOC in April relating to roads and storm drains and costs to maintain the City’s PCI.
Councilmember Iverson said because 3 of the 5 Councilmembers are newer, she suggested staff indicate in the future what acronyms are, such as “FC” is and “ULRABC” means.
Vice Mayor Gee referred to Overhill and said she was surprised it was not on the list, but Terra was. She asked why it is not included now, the timing for it to be done, and what the City plans to communicate to the neighborhood.
Mr. Christie said Overhill has been under construction in terms of utility work for about one year by EBMUD with water main replacement work, as well as parts of Terra Road.
The work was coordinated with the City’s work and moratorium. Their trenchwork is now complete and he spoke about maintenance done to bring low spots up in the trench work.
The permanent trench repair or “T” cut is moved up for the week of February 27th. At that time the structural condition of the street would be returned to an acceptable level. Staff is not planning until 2024 to do the next full surface treatment because of this work, and he then provided an explanation of the street cut moratorium, stating if it is a nonemergency pipe project, the utility company must put it off until the moratorium expires.
Staff’s goal is to regularly communicate with the utilities so they do not find them in negative situations with street and other projects.
F.1.b
Packet Pg. 24
Attachment: City Council Meeting Minutes of February 7, 2023 (3025 : City Council Minutes) Orinda City Council Minutes Page 9 of 9 02.07.23
MOTION by Councilmember Iverson moved and seconded by Vice Mayor Gee to authorize the Fund Exchange Agreement No. 628 with the Contra Costa Transportation Authority for State SB1 Local Partnership Program formulaic (LPPF); and allow the City Manager or designee to make any non-substantive changes to the language. Said motion carried by unanimous (5-0) roll call vote.
I. COUNCILMEMBERS’ REPORTS
Councilmember Malkani reported on her attendance to the Orinda Association meeting as liaison and announced that the OA Car Show will be Saturday, September 9th from 10- 2 in the Orinda Village.
Mayor Miller announced Senator Steve Glazer is going to have an in-person Town Hall on February 22nd in the Library Auditorium in Orinda at 6:00 p.m. and she thanked the City’s legislators for their assistance in recent storm damage.
J. CITY MANAGER’S REPORT
City Manager Biggs stated the resolution to meet via Zoom has an end date of February 24th. The Governor’s State of Emergency will end on February 28th, and at the next meeting, staff will bring an item to end the City’s local emergency relating to COVID. They will go back to in-person meetings, as well as work on hybrid options, and the first March meeting will be a regular in-person meeting. He also thanked staff and the Council for their work in assisting residents with impacts resulting from the slide, and send their condolences.
He reported the Council will be doing some strategic planning later this month. A survey is available for the community to share insights, and he encouraged everyone to access it. He asked everyone to mark their calendars for the first Fire Prevention and Safety Fair on Saturday, April 22nd in the Community Park.
K. MATTERS INITIATED – None.
L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 9:00 p.m. to the next Special Meeting on Saturday February 11, 2023 at 9:00 a.m.
______________________________________
Sheri Marie Smith, City Clerk
F.1.b
Packet Pg. 25
Attachment: City Council Meeting Minutes of February 7, 2023 (3025 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: February 21, 2023
Department: City Clerk
AGENDA TITLE: Amendment of City Council Committee Appointment/Liaison List for 2023
RECOMMENDATION:
Review and Approve Amended City Council Committee Appointment / Liaison List for 2023.
BACKGROUND:
At the City Council Meeting of January 10, 2023, the City Council approved the City Council Appointment List for 2023.
DISCUSSION:
Subsequently, Councilmember Malkani discovered she had a conflict with serving on the Lamorinda School Bus Program JPA. Mayor Miller is recommending that Councilmember Iverson serve instead and that Vice Mayor Gee serve as the alternate.
ATTACHMENTS:
A. City Council Appointment List 2023 Revised
Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
F.2
Packet Pg. 26
ORGANIZATION
2023
Appointments COUNCIL RESPONSIBILITY MEETINGS
Mayors' Community Liaison Group Inga Miller Mayor facilitates meeting w/ community leaders 2nd Wednesday, 8:30am Lamorinda Mayors' Meeting Inga Miller Mayor serves as Council representative bimonthly breakfast meeting Mayors' Conference (Contra Costa County) Inga Miller
Mayor serves as conference delegate; all Council
invited to attend 1st Thursday, 6:30 pm
COMMISSION and COMMITTEE Liaisons: Attend Some Meetings and Report to Council.
Art in Public Places Committee (APPC) Janet Riley See Commission Charge 3rd Monday, 3:30pm Finance Advisory Committee (FAC) Inga Miller See Commission Charge 4th Wednesday, 6pm Historic Landmarks Committee (HLC) Janet Riley See Commission Charge Quarterly Parks and Recreation Commission (PRC) Latika Malkani See Commission Charge 2nd Wednesday, 7pm Planning Commission (PC) Brandyn Iverson See Commission Charge 2nd & 4th Tuesday, 7:00 pm Supplemental Sales Tax Oversight Commission Inga Miller See Commission Charge Quarterly Traffic Safety Advisory Committee (TSAC) Brandyn Iverson See Commission Charge 3rd Monday, 7:00 pm Library Parcel Tax Oversight Committee Janet Riley Attend Meetings as needed meets twice a year Affordable Housing Sub-Committee
Darlene Gee
Brandyn Iverson Attend Meetings as Council Subcommittee meets as needed Library Facility Steering Committee
Darlene Gee
Janet Riley Attend Meetings as Council Subcommittee meets as needed City/School 2x2 Committee
Inga Miller
Brandyn Iverson Attend Meetings as Council Subcommittee meets as needed Wilder Subcommitee
Inga Miller
Brandyn Iverson Attend Meetings as Council Subcommittee meets as needed Public Safety Council Subcommittee
Inga Miller
Latika Malkani Attend Meetings as Council Subcommittee meets as needed Inclusion, Diversity, Equity, Action (School Partnership) Darlene Gee
Latika Malkani
Fire Prevention 2x2 with MOFD
Darlene Gee
Latika Malkani
Downtown Planning & Housing Element Subcommittee
Darlene Gee
Brandyn Iverson Attend Meetings as Council Subcommittee meets as needed OTHER AGENCIES: Attend Some Meetings; Report to Council Association of Bay Area Governments (ABAG) Inga Miller
Attend 2 meetings; serve as City's voting
delegate. two meetings annually
Central Contra Costa Solid Waste Authority Board
(CCCSWA)
Inga Miller
Janet Riley
Attend monthly regular board meeting; serve on
1-2 board committees w/ monthly meeting last Thursday, 3:00 pm Contra Costa County Transit Authority (CCCTA)
Amy Worth
Darlene Gee (alt) Attend monthly board meeting 3rd Thursday, 9:00 am Lamorinda School Bus Program (LSBP JPA)
Brandyn Iverson
Darlent Gee (alt) Attend monthly JPA meetings 2nd Monday, 9:30 am CITY OF ORINDA - CITY COUNCIL APPOINTMENTS 2023
COUNCIL SUB-COMMITTEE:
F.2.a
Packet Pg. 27
Attachment: City Council Appointment List 2023 Revised (3035 : City Council Committee League of CA Cities Voting Delegate (LOCC)
Mayor
Vice Mayor
Serve as City's voting delegate at annual
conference one meeting annually
-League of CA Cities East Bay Division Delegate
Mayor
Vice Mayor
Attend monthly dinner meetings; open to all
Council members 3rd Thursday, 6:00 pm
SouthWest Area Transportation Committee (SWAT)
Darlene Gee
Brandyn Iverson
(alt) Subgroup of CCTA. Attend Monthly Meetings 1st Monday, 3:00 pm -Lamorinda Project Management Committee
(LPMC)
Darlene Gee
Brandyn Iverson
(alt)
Meets as needed after SWAT meeting/ subgroup
of SWAT 1st Monday as needed
-Lamorinda Fee and Financing Authority (LFFA)
Darlene Gee
Brandyn Iverson
(alt)
Meets as needed after SWAT meeting/ subgroup
of SWAT 1st Monday as needed
COUNCIL LIAISON WITH CITY PARTNERS:
Serve as Primary Contact Person for Council;
Attend Some Meetings; Report to Council
Acalanes Unified High School District (AUHSD) Inga Miller " " 1st/3rd Wednesday, 7:30 pm Bay Area Rapid Transit (BART) Darlene Gee " " 2nd/4th Thursday, 9am Chamber of Commerce Latika Malkani " " 2nd Tuesday, 8:00 am East Bay Municipal Water Utility District (EBMUD) Inga Miller " " 2nd/4th Tuesday, 1:15 pm East Bay Regional Park District (EBRPD) Latika Malkani " " 1st/3rd Tuesday, 2:00 pm Friends of Orinda Creeks Inga Miller " " 4th Wednesday, 8:00 am Libraries-
-Friends of Orinda Library Janet Riley " " 3rd Wednesday, 9:15 am -Library Regional Board Janet Riley " " meets as needed Moraga-Orinda Fire District Darlene Gee " " 3rd Wednesday, 7:00pm Orinda Association (OA) Latika Malkani " " 2nd Monday, 7:30 pm Orinda Historical Society Janet Riley " " quarterly
Orinda Seniors Advisory Committee Latika Malkani " " 1st Tuesday Orinda Teen Advisory Committee Brandyn Iverson " " 1st Monday Orinda Union School District (OUSD) Brandyn Iverson " " 2nd Monday, 4:00 pm Orinda/Tabor Sister City Committee Darlene Gee " " 4th Thursday F.2.a
Packet Pg. 28
Attachment: City Council Appointment List 2023 Revised (3035 : City Council Committee City Council
Staff Report
Agenda Item: F.3
Date: February 21, 2023
Department: Administration
AGENDA TITLE: Proclaiming the Termination of a Local State of Emergency due to the COVID Pandemic
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution 13-23, terminating the local state of emergency effective February 28, 2023.
BACKGROUND:
In March, 2020, a local State of Emergency was declared in the City of Orinda, throughout Contra Costa County, and nationwide to recognize the impact of the COVID19 Pandemic.
These actions provided for state and federal disaster assistance which included monitoring, testing, vaccinations, financial assistance for individuals and businesses, and eventually for programs to reopen businesses and begin the process of returning to normal operations.
SUMMARY:
On October 17, 2022, Governor Newsom announced that California’s COVID-19 State of Emergency would end on February 28, 2023. The termination of the State of Emergency does not mean that the State will discontinue the assistance, rather it is anticipated that the recovery process, as in most disasters, will continue for several years following the conclusion of the State of Emergency In addition, the Contra Costa County Board of Supervisors voted unanimously on February 8, 2023 to terminate their State of Emergency effective February 28, 2023.
Adopting the attached resolution will bring the City of Orinda, in alignment with the State and County actions to maintain consistency.
FISCAL IMPACT:
None as a result of this action.
ATTACHMENTS:
A. Resolution 13-23 Terminating the Declaration of a State of Emergency - COVID-19 Respectfully Submitted by:
David Biggs
City Manager
F.3
Packet Pg. 29
Prepared By: Sheri Smith, City Clerk
Approved by:
F.3
Packet Pg. 30
BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
Terminating the Local State of Emergency )
In Response to the Coronavirus (“COVID-19”)
Crisis Effective February 28, 2023
)
)
Resolution No. 13-23
WHEREAS, Orinda Municipal Code Section 2.32.090(A)(1) provides that the City Manager, serving as the Emergency Manager, may request the City Council to proclaim the existence of a local emergency when the Council is not in session.
Thereafter, the Council must act to ratify the proclamation of a local emergency within seven days after its issuance; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen due to the rapidly changing regional and local health emergency caused by the global spread of the Coronavirus ("COVID-19") pandemic, which is known to cause severe respiratory illness and other ailments that threaten the life and health of the general public and vulnerable populations; and
WHEREAS, California, Contra Costa County, and other jurisdictions have declared emergencies as coronavirus cases continue to be confirmed in the State and the San Francisco Bay Area, and cases exist in Contra Costa County; and WHEREAS, in response to the Covid-19 crisis, the Emergency Manager did proclaim the existence of a local emergency on March 14, 2020, and a local emergency now exists in the City.
WHEREAS, the City Council of the City of Orinda ratified the Emergency Managers’ proclamation of a local emergency issued on March 16, 2020.
WHEREAS, in October, 2022, Governor Newsom announced that the State’s COVID-19 State of Emergency would be terminated as of February 28, 2023 and the Contra Costa County Board of Supervisors voted to end their State of Emergency effective February 28, 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORINDA, DOES HEREBY PROCLAIM AND ORDER:
Section 1. In alignment with the State of California and Contra Costa County the City Council of the City of Orinda has reviewed the emergency actions taken since its March 16, 2020 proclamation of a local state of emergency and determined that, given current conditions, the local state of emergency can be terminated.
Section 2. The City Council hereby proclaims the termination of the local state of emergency effective February 28, 2023.
F.3.a
Packet Pg. 31
Attachment: Resolution 13-23 Terminating the Declaration of a State of Emergency - COVID-19 (3027 : Terminate COVID State of Emergency) Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Orinda at a regular meeting held on the 21st day of February, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________________
Inga Miller, Mayor
ATTEST:
___________________________
Sheri Marie Smith, City Clerk
F.3.a
Packet Pg. 32
Attachment: Resolution 13-23 Terminating the Declaration of a State of Emergency - COVID-19 (3027 : Terminate COVID State of Emergency) City Council
Staff Report
Agenda Item: F.4
Date: February 21, 2023
Department:
Public Works and
Engineering Services
AGENDA TITLE: Reaffirming proclamation of the Existence of a Local State of Emergency with Respect to the Continuing 2022-23 Winter Storms RECOMMENDATION:
Staff recommends that the City Council adopt Resolution 14-23 BACKGROUND:
At its January 17, 2023 meeting, City Council adopted Resolution 05-23, proclaiming the Existence of a Local State of Emergency with Respect to the Continuing 2022-23 Winter Storms, which began on or around December 27, 2022. At its February 7, 2023 meeting, City Council adopted Resolution 11-23, Reaffirming the proclamation of the subject Emergency. The following significant damage occurred to public property, which requires immediate response and/or repair:
1. Sinkhole at bike lane fronting 190 Moraga Way – interim repairs completed.
2. Shoulder/road edge failure near 57 Tarry Ln. – lane closure in effect. Repair options being evaluated
3. Landslide at 14 Cedar Ln (potential road impacts).
4. Sinkhole/48” storm drain pipe failure in city easement at 7 North Ln. Repair options being evaluated
5. Damaged 72” storm drain pipe under Miner Rd. south of Camino Don Miguel
6. City buildings – water intrusion. Impacts to Community Center and City Hall.
7. Failed retaining wall on Camino Sobrante (fronting #56) DISCUSSION:
Staff continued to evaluate potential repairs for the above mentioned damaged facilities, and to expedite repairs when feasible. The response and repair costs of some or all of the above locations may exceed the $60,000 threshold for soliciting bids, which would likely delay the repairs in an unacceptable manner. Staff believes the ability to negotiate contracts is necessary in this emergency situation and therefore recommends continuing said proclamation which allows for a waiver of the normal public works bidding requirements. Other efficiencies afforded by said Proclamation include, as indicated in the Resolution, exemption from CEQA requirements. To be in conformance with the declaration of emergency and for the purpose of complying with the waiver of the Public Contracting Code, Section 22050, the Council needs to evaluate and reaffirm the need for the emergency declaration (by an updated resolution) at each of its subsequent regularly scheduled meetings.
NEXT STEPS:
F.4
Packet Pg. 33
Staff and city consultants and contractors have performed certain cleanup work and repairs to the extent possible and continue to work expeditiously to evaluate and plan necessary additional repair or corrective work.
Given the uncertainty of weather during the rainy season now upon us, Staff intends to reaffirm said proclamation at future regularly scheduled city council meetings, until April 15, 2023, unless otherwise determined, which is necessary if waiver to of the Public Contracting Code, as discussed above, continues to be warranted.
FISCAL IMPACT:
It is estimated that cost to date for cleanup and repair activities for all of the public facilities (including the specific significant locations noted above) is approximately $160,000. This includes contractors, consultants and overtime for city staff. Total cost estimate, for complete repairs is roughly estimated to be $ 1.5 million. The extent of funding through reimbursement programs (OES of FEMA) is not known at this time.
Furthermore, the timing of when complete repairs are necessary has not been determined, and would be affected by available funding sources.
ATTACHMENTS:
A. Resolution 14-23 Emergency Resolution Continued 2022-23 Storms Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Scott Christie, Public Works Director
Approved by:
F.4
Packet Pg. 34
BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
Resolution of the City Council )
of the City of Orinda Reaffirming the )
Proclamation of the Existence of a Local) Resolution No. 14-23 State of 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 and earth movement, 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 buildings, roadway network, storm drains and culverts, and earth movement has 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
WHEREAS, a sink hole occurred on January 16, 2023, as a result of the major storms and which threatens to undermine a portion of Moraga Way north of Brookside Road necessitating emergency repairs, and due to concerns for continuing storm impacts the City Manager issued a new Emergency Proclamation on January 17, 2023, declaring a local emergency; and
WHEREAS, since the Emergency Proclamation on January 17, 2023, additional significant damages occurred, including:
F.4.a
Packet Pg. 35
Attachment: Resolution 14-23 Emergency Resolution Continued 2022-23 Storms (3036 : Reaffirm Emergency - winter storms) • Shoulder/road edge failure near 57 Tarry Ln.
• Landslide at 14 Cedar Ln (potential road edge impacts). • Sinkhole/48” storm drain pipe failure in city easement at 7 North Ln. • City buildings – water intrusion. Impacts to Community Center and City Hall. • Damaged 72” storm drain pipe under Miner Rd. south of Camino Don Miguel • Failed retaining wall on Camino Sobrante (fronting #56) WHEREAS, at its regular meeting on January 17, 2023 the City Council adopted Resolution 05-23, proclaiming the Existence of a Local State of Emergency with Respect to the Continuing 2022-23 Winter Storms; and
WHEREAS, at its regular meeting on February 7, 2023 the City Council adopted Resolution 11-23, Reaffirming the proclamation of the Existence of a Local State of Emergency with Respect to the Continuing 2022-23 Winter Storms; 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 rainstorms and flooding, commencing on or about December 27, 2022; and WHEREAS, the City Council does hereby find that the City must repair or replace public facilities, take directly related and immediate action required by the emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; 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:
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 F.4.a
Packet Pg. 36
Attachment: Resolution 14-23 Emergency Resolution Continued 2022-23 Storms (3036 : Reaffirm Emergency - winter storms) 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 9. 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. The emergency will not permit a delay resulting from a competitive solicitation for bids and this action is necessary to respond to the emergency.
Section 10. The City is undertaking to implement the repairs as expeditiously as possible.
Section 11. 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 12. This Resolution shall take effect immediately upon its adoption.
The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Orinda held on February 21, 2023 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________
Inga Miller, Mayor
ATTEST:
____________________________
Sheri Marie Smith, City Clerk
F.4.a
Packet Pg. 37
Attachment: Resolution 14-23 Emergency Resolution Continued 2022-23 Storms (3036 : Reaffirm Emergency - winter storms) City Council
Staff Report
Agenda Item: F.5
Date: February 21, 2023
Department: Finance
AGENDA TITLE: Proposed Adjustment to the Master Fee Schedule (Transportation Impact Fees) Effective January 1, 2023
RECOMMENDATION:
Adopt Resolution No. 12-23 modifying the master fee schedule to incorporate the annual automatic increase to Transportation Impact Fee.
BACKGROUND:
The City maintains a Master Fee Schedule which is typically updated once a year in conjunction with the annual Budget process. An amendment is proposed at this time to accommodate changes in Impact Fees that are adjusted by an index that was published after the current Master Fee Schedule update was adopted.
The Transportation Impact Fee associated with the Lamorinda Fee and Financing Authority, automatically adjusts on January 1st, therefore there is a need for the City Council to present adjustments outside of the annual budget cycle.
Transportation Impact Fee
The Transportation Impact Fee, is collected based on fees developed by the Lamorinda Fee and Financing Authority, a Joint Exercise of Powers Agreement entered into by the cities of Lafayette, Orinda, and the Town of Moraga. The development of the fee program included the completion of a 2015 nexus study that was adopted by the Orinda City Council on February 16, 2016, along with revisions to the JPA.
On March 15, 2016, the City Council adopted updated Transportation Impact fees in accordance with the 2015 study. Resolution No. 18-16 adopting the fees provided that the fees shall in the future be modified in accordance with the Lamorinda Fee and Finance Authority Joint Exercise of Power Agreement. The resolution specifically noted that the modifications include an automatic annual increase of the fee based on the amount of the increase in the ENR Construction Cost Index for the San Francisco Bay Area for the period ending September 30th.
DISCUSSION:
As previously noted, the JPA governing the Transportation Impact Fee, identifies that fees are to be adjusted each January 1st by the amount of the increase in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area, for the period ending September 30 of the preceding year. City Staff that support the JPA have calculated the January 1, 2023 adjustment based on the change of construction costs between September 2021 and September 2022, as published by the ENR the index, the increase is 11.0385083%. The following table shows the 2022 fee and the F.5
Packet Pg. 38
2023 fee, and the total increase for each of the fee categories. The total fee includes two equal components, one for Regional Projects administered by the JPA, and the second is the Local Share retained by the City.
TOTAL TRANSPORTATION IMPACT FEES 2022 vs. 2023
(Total Fee = 50% Regional Component + 50% Local Share)
Land Use Current
Fee
January 1,
2023 Fee
$
Increase
Single Family $ 8,848.70 $ 9,825.46 $ 976.76
Multi-Family (or 2nd Unit) $ 6,193.72 $ 6,877.42 $ 683.70 Multi-Family – Transit Oriented Development $ 3,283.10 $ 3,645.50 $ 362.40 Non-Residential (per square foot) $ 9.46 $ 10.50 $ 1.04 Other Uses (per daily Trip) $ 973.86 $ 1,081.36 $ 107.50 In order to consolidate the automatic adjustment into the City-Wide Master Fee Schedule, Staff is presenting this item at a public meeting solely to provide an administrative record of the adjustment. Based on the automatic inflator previously adopted, these fees are in effect as of January 1, 2023. The proposed resolution will allow Staff to incorporate the updated fee into the Master Fee Schedule.
NEXT STEPS:
Upon adoption of the resolution the Master Fee Schedule document will be updated to provide a current consolidated listing of all fees.
FISCAL IMPACT:
The amount of impact fees collected fluctuates based on development activity. The revenue budgeted in Fiscal Year 2022-2023 is $40,000. The fee increase of approximately 11% will only be in place for six months of the Fiscal Year, which may result in only a minor increase in revenue, provided development activity occurs which results in fees collected. Transportation Impact Fees are retained and accounted for in a separate fund (#205).
ATTACHMENTS:
A. Resolution 12-23 Amendment To Master Fee Schedule (Transportation Impact Fee) Respectfully Submitted by:
Doug Alessio
Administrative Services Director
Prepared By: Nancy Zhang,
F.5
Packet Pg. 39
Approved by:
F.5
Packet Pg. 40
Resolution No. 12-23
BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
Modifying Adopted Master Fee )
Schedule To Incorporate Automatic ) Resolution 12-23
Increase in Transportation Impact Fee )
WHEREAS, on June 21, 2022, the City Council of the City of Orinda adopted Resolution No. 28-22 modifying fees for services rendered by the City for administrative, planning, public works, parks and recreation, public safety services and development impact fees; and WHEREAS, on March 15, 2016 the City Council adopted Resolution No. 18-16 establishing Transportation Impact Fee in accordance with the Lamorinda Fee and Financing Authority Joint Exercise of Powers Agreement; and
WHEREAS, the Transportation Impact Fee as adopted is annually subject to an automatic increase based on changes recorded in the September 30th Engineering News Record (ENR) construction cost index; and
WHEREAS, the change recorded in the index between September 2021 and September 2022 was 11.0385083%; and
WHEREAS, it is desirable to incorporate this automatic adjustment as an update to the consolidated Master Fee Schedule; and
NOW, THEREFORE, the City Council of the City of Orinda finds and declares that:
1. Update To Fee Schedule. The Transportation Impact Fees shown in the current Master Fee Schedule shall be replaced by those set forth as shown in Attachment 1 herein.
2. Effective Date. The adjustments to the Maser Fee Schedule shall be effective January 1, 2023 for fees in Attachment 1.
3. Master Fee Schedule. The amended fees shall be incorporated into the Master Fee Schedule posted on the City Website.
Adopted by the City Council of the City of Orinda at a regular meeting on February 21, 2023, by the following vote:
AYES: COUNCILMEMBERS: Miller, Gee, Iverson, Malkani, Riley NOES: COUNCILMEMBERS: None
Inga Miller, Mayor
_____________________________
Sheri Marie Smith, City Clerk
ATTACHMENT 1
F.5.a
Packet Pg. 41
Attachment: Resolution 12-23 Amendment To Master Fee Schedule (Transportation Impact Fee) (3024 : Master Fee Schedule Adjustments TIF Resolution No. 12-23
AUTOMATIC ADJUSTMENT TO
LAMORINDA TRANSPORTATION IMPACT FEES
FOR THE CITY OF ORINDA
EFFECTIVE JANUARY 1, 2023
FEE CATEGORIES BASED ON USE 2023 Rate
Single Family
Regional Component $ 4,912.73
Local Share $ 4,912.73
Total Single Family $ 9,825.46
Multiple-Family or second unit
Regional Component $ 3,438.71
Local Share $ 3,438.71
Total Multi-Family or Second Unit $ 6,877.42
Multiple Family Transit Oriented Development (TOD)
Regional Component $ 1,822.75
Local Share $ 1,822.75
Total Multi-Family TOD $ 3,645.50
Non-residential (Per Square Foot)
Regional Component $ 5.25
Local Share $ 5.25
Total Non-Residential - Per Square Foot $ 10.50
Other Uses (Per Daily Trip)
Regional Component $ 540.68
Local Share $ 540.68
Total Other Uses - Per Daily Trip $ 1,081.36
F.5.a
Packet Pg. 42
Attachment: Resolution 12-23 Amendment To Master Fee Schedule (Transportation Impact Fee) (3024 : Master Fee Schedule Adjustments TIF City Council
Staff Report
Agenda Item: F.6
Date: February 21, 2023
Department: Parks and Recreation
AGENDA TITLE: Art in Public Places Committee Annual Report for Calendar Year 2022
RECOMMENDATION:
Staff recommends the City Council review and accept the Annual Report from the Art in Public Places Committee for calendar year 2022.
BACKGROUND:
In 2007 the City Council appointed committee members and adopted a policy and the Art in Public Places Program was officially created. Six years later, in 2013, the City Council amended the Art in Public Places (APP) Policy to expand sites for placement of loaned and purchased art, allowing the committee to pursue more artists to meet the demands of the popular, expanding program. The current policy includes amendments that were approved by the City Council on September 4, 2018 and incorporated in Resolution No. 60-18 as well as one approved on March 3, 2020 and incorporated in Resolution 16-20.
DISCUSSION:
The creation of an annual report by the APPC provides the City Council with information highlighting the committee goals and objectives for the calendar year. This offers the City Council an opportunity to review and discuss any concerns they have regarding the APP Program. Attachment A is a report from the Committee outlining their accomplishments in 2022. It also highlights a sample of planned activities for 2023.
Staff recommends that the Art in Public Places Committee’s Annual Report be received and filed.
NEXT STEPS:
No specific next steps at the time.
FISCAL IMPACT:
None at this time.
ATTACHMENTS:
A. APPC Annual Report for 2022
B. CityLoanedArtDec2022
C. CityOwnedArtDec2022
F.6
Packet Pg. 43
Respectfully Submitted by:
Todd Trimble
Director of Parks and Recreation
Prepared By: Todd Trimble, Director of Parks and Recreation Approved by:
F.6
Packet Pg. 44
1 Art in Public Places Committee 2022 Report
Date: February 21, 2023
To: Orinda City Council
From: The Art in Public Places Committee
Sub: 2022 Annual Report
cc: City Manager; Director of Parks & Recreation
As required of the City of Orinda Art in Public Places Committee and Policy, we submit our sixth Annual Report.
Accomplishments in 2022
It was a very active year for The Art in Public Places (ArtSpace Orinda) Program. Four new pieces were borrowed from three artists, two of whom were new to the Program. The City purchased two of the pieces, and one was gifted to the City. Four earlier-loaned pieces were returned to their artists. As of year-end, the Program had a total of 46 pieces on display (25 borrowed and 21 owned), including three artworks for which the Friends of the Orinda Library is responsible.
During the summer, the Lijphart–Dougherty family gifted the City a magnificent bronze sculpture by Robert Holmes. Now deceased, Holmes founded Bronze Plus Art Foundry located in nearby Santa Rosa. His classic style work can be found in major art museums and noteworthy private collections throughout the United States.
Thirty-two artists are represented in the Program. Of those, about half live and work in the Bay Area. Others are from widely scattered communities including Laguna Beach, Phoenix, Portland, Champlain IL, Pullman WA and New York City. Four are deceased. Artists consider Orinda’s Program and its collection one of the best in the Bay Area.
Appendix A sets forth the number of City-owned and on-loan artworks installed as of year-end and their locations. Of the 64 City Council approved sites for the Program’s artworks, 47 were occupied, leaving ample space to add to the collection.
F.6.a
Packet Pg. 45
Attachment: APPC Annual Report for 2022 (3032 : APPC Annual Report for 2022) 2 The total value of loaned art for insurance purposes at year end was $300,100, which is within the $360,000 maximum permitted under Policy guidelines.
Goals for 2023
Acquire New On-Loan Art
The Art in Public Places (APPC) Committee will soon seek approval of the loan of a work by Jos Sances, a Berkeley muralist working with John Toki. Sances has applied his many printing skills to ceramic tiles to form a large (9’ x 12’) framed panel to be mounted on the Community Center wall facing the steps leading up to Richard Heggie Plaza.
In February a mosaic tile sculpture by artist Wes Horn will be installed in the Library trellis area. Wes is a long-time contributor of artworks for the Program.
By the end of February, the APPC will have completed a rigorous schedule of returns, additions and rearrangements. Thereafter, the recently modernized ArtSpace Orinda Program website will be further updated to reflect these changes.
The website serves an important role in informing the public about the collection, the artists who are represented in it, and the location of specific artworks. The APPC encourages Council members to access it at
https://www.artspaceorinda.org/
Respectfully submitted,
Rich Thompson, Chair
The Orinda Art in Public Places Committee
F.6.a
Packet Pg. 46
Attachment: APPC Annual Report for 2022 (3032 : APPC Annual Report for 2022) 3 APPENDIX A
Art Placement Sites and Occupancy January 1, 2023
Location
Art
on
loan
City
owned
art
Total sites
with art
owned
and onloan
installed
Available
approved
sites
Total
approved
sites
Theater area/Mini
Park
3 3 6 0 6
City Hall 4 2 6 0 6
Library plaza 5 4 9 3 12
Library (Inside) 4 1 5 0 5
Library Trellis area 1 1 2 3 5
Library Upper Plaza
(Heggie Plaza)
0 3 3 2 5
Community Center
area
4 3 7 0 8
Orinda Community
Park
0 1 1 4 5
Wilder Sports fields 0 1 1 3 4
Wilder Ranch
House
1 1 2 1 3
Wilder A&G Center 3 1 4 1 5
Total 25 21 46 17 64
F.6.a
Packet Pg. 47
Attachment: APPC Annual Report for 2022 (3032 : APPC Annual Report for 2022) F.6.b
Packet Pg. 48
Attachment: CityLoanedArtDec2022 (3032 : APPC Annual Report for 2022) F.6.c
Packet Pg. 49
Attachment: CityOwnedArtDec2022 (3032 : APPC Annual Report for 2022) City Council
Staff Report
Agenda Item: F.7
Date: February 21, 2023
Department: Parks and Recreation
AGENDA TITLE: Authorizing the City Manager to enter into an agreement with Taste of the World Market, Inc. to provide Food Truck Concession to the City of Orinda through October 2025.
RECOMMENDATION:
Staff recommends the City Council authorize the City Manager to execute an agreement with Taste of the World Market, Inc. on behalf of the City, subject to approval as to form by the City Attorney, to continue operating a Food Truck Concession from April 2023 through October 2025.
BACKGROUND:
On July 5, 2017, the City Council approved a pilot program for a weekly Thursday night food truck event jointly sponsored by the City of Orinda and Taste of the World Market, Inc. (TOW), a food truck organizer based in Contra Costa County. On October 3, 2017, staff provided a status report of the food truck event describing widespread community support evidenced by online surveys and the City Council directed staff to extend TOW’s contract through spring 2018 and prepare a Request for Proposal (RFP) for a permanent food truck program. On May 14, 2018, the Council received a report describing the RFP preparation, concession fee research, release and circulation of the RFP, and RFP response. At that time, the Council authorized the execution of a contract with TOW through April 30, 2019.
In May 2019, the City Council authorized the City Manager to execute an agreement with Taste of the World Market, Inc. on behalf of the City, to continue operating a Food Truck Concession through November 2022. In addition to serving the community regularly on Thursday evenings, TOW provided trucks for other community events as well, including during the PG&E Public Safety Power Shutdown (PSPS) events in the fall of 2019 and 2020.
DISCUSSION:
The Thursday night food truck event has been well received by the community since the pilot program commenced in mid-2017 and although they were forced to pause during the height of COVID, patrons returned with regularity, even though the contingent of participating trucks was reduced considerably as a result of the pandemic. Particularly positive this year was the combination of the food trucks and the summer Concerts in the Park series, which transitioned from Tuesdays to Thursdays.
Staff propose extending TOW’s existing agreement, as amended, through October 31, 2025, which includes the following components:
F.7
Packet Pg. 50
• Thursday Event (April – October). For the Thursday event, TOW would provide food truck services on Thursday nights from 5 p.m. to 8 p.m. Should demand warrant, the event may remain open as late as 9 p.m. in the summer and fall.
The Thursday events include a total of at least 6 trucks (4 savory, 1 dessert, and the “Guzzler” beer and wine truck) but these numbers would be “subject to change depending on availability.” Entertainment would continue to be provided, if feasible, by TOW similar to the pre-pandemic events. • Movies in the Park. For the 2023-2025 Movies in the Park Series, TOW would provide at least one dessert truck at each Friday night event. • Weather Cancellation. Events may be cancelled when unfavorable weather is forecast.
• Restaurant Participation. TOW continues its willingness to have local business involvement and representation at events. City staff is willing to support any dialogue with the Chamber of Commerce regarding how to promote local restaurants and encourage participation at the food truck events. • Insurance. The contractor has been in compliance with the necessary insurance obligations for themselves as well as for the various vendors and that will be required to continue.
• Concession fee. Following the significant drop in sales due to the reduced number of participating trucks, Staff recommends eliminating the $200 monthly fee and proceeding with an agreement similar to that of the Farmers’ Market.
There are several examples in the region in which agencies pay a seasonal weekly food truck concessionaire for the service.
• Fundraising events. TOW continues to support and encourage fundraising events with local schools and nonprofit organizations in which a percentage of the event proceeds goes back to organization. This was a regular occurrence prior to the shut down and staff are hopeful for a return of such events in 2023.
NEXT STEPS:
Staff recommends the City Council authorize an amended agreement with Taste of the World Market to continue operating a Food Truck Concession through October 2025.
FISCAL IMPACT:
As Staff recommends the City Concession Fee be eliminated, there would no longer be concession revenue. There would continue to be a modest fiscal impact associated with staff time, to assist in administering the program and addressing community questions and concerns.
ATTACHMENTS:
F.7
Packet Pg. 51
A. TOWAgreement2023DRAFT
Respectfully Submitted by:
Todd Trimble
Director of Parks and Recreation
Prepared By: Todd Trimble, Director of Parks and Recreation Approved by:
F.7
Packet Pg. 52
1 AGREEMENT FOR SERVICES
TASTE OF THE WORLD MARKET
THIS AGREEMENT is made and entered into in Orinda, California, this ____ day of _____ 202319 by and between On Wheelz, Inc., dba Taste of the World Market (“Contractor”) and the City of Orinda, a Municipal Corporation (“City”). The parties agree as follows:
1. Taste of the World Market. Contractor shall make all necessary arrangements for, and conduct, food truck events to be held in the City of Orinda described below. Events may be cancelled due to poor weather conditions. Contractor shall provide the services described in Attachment "A" in a manner compatible with the standard of care applicable to Contractor's profession.
a. Thursday Night Food Truck Event: Thursday nights from 5 p.m. to 8 p.m. from AprilMay 1 to October 31April 30, 2023 to 2025. There will be no trucks during an annual winter break from November through MarchJanuary. b. Summer Movies in the ParkConcert Series DessertFood Truck Event. See Attachment “A” for additional details.
c. Other Food Truck Events. Provision of food and/or beer and wine trucks for other City events from time to time.
2. Certified Vendors. Contractor shall make every effort to provide at least six (6) food trucks for Thursday evenings (typically encompassing 4 savory trucks, 1 dessert truck, and 1 beer/wine truck)as described in “Attachment A”; the maximum capacity of vendors shall be as determined by the City, based on space availability.
3. Time of Performance. Contractor shall, upon receipt of a fully signed copy of this Agreement, immediately begin and diligently pursue implementation of the services. This Agreement shall remain in effect through October 31, 2025November 30, 2022, as specified above, unless the agreement is terminated before that time.
4. Concession Fees. Contractor shall pay a flat-rate fee of $200 per month for the duration of this agreement, except during the months encompassing the annual winter break.
5.4. Independent Contractor Status. Contractor is an independent contractor and is solely responsible for its acts and omissions. Contractor is not City's agent, employee, or representative for any purpose. Contractor has no power to incur any debt, obligation, or liability on behalf of City. Contractor shall direct and control its personnel and shall pay all wages, salaries, and other amounts due such personnel in connection with this agreement and as required by law. Contractor is responsible for all reports and obligations respecting such personnel.
Formatted: Indent: Left: 1", No bullets or numbering
F.7.a
Packet Pg. 53
Attachment: TOWAgreement2023DRAFT (3031 : Food Truck Agreement) 2 Contractor shall pay of all taxes, fees, contributions, or charges applicable to the conduct of Contractor's business, and shall provide City with proof of compliance upon request.
6.5. No Conflict of Interest. Contractor understands that its professional responsibility is solely to City. Contractor warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this agreement.
Contractor shall not employ a person having such an interest in the performance of this agreement. Contractor and its agents or employees working under this agreement shall submit statements of economic interest under the Political Reform Act (Government Code section 81000 et seq.) if requested to do so by City.
7.6. Costs of Enforcement. If legal action is necessary to enforce any provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' and witnesses' fees and all related costs.
8.7. Assignment Prohibited. Contractor may not assign the rights and duties under this Agreement without prior written authorization of the City with City having absolute discretion to allow and refuse to allow an assignment. The Contractor may not enter into any subcontract or subconsultantsub consultant agreement with any other firm or person to perform any of the tasks agreed to be performed by the Contractor without the prior written authorization of the City, except that the Contractor is authorized to enter subcontracts with food truck vendors to serve food and drinks at the Taste of the World Market. If authorization to assign the rights and duties under this agreement is given by the City, the Contractor shall provide to the City copies of each and every contract into which the contractor enters with subconsultantssub consultants or subcontractors prior to the date that subcontractor contracts or subconsultantsub consultant contracts are executed by the parties. Contractor shall be fully responsible to the City for all acts or omissions of any subconsultant or subcontractor.
9.8. Amendments. The City Manager may approve written amendments to the Agreement on behalf of the City. No change or waiver shall be valid unless in writing signed by an authorized representative of the City and the Contractor.
10.9. Licenses and Compliance with Laws.
a. Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals legally required for Contractor to practice its profession and/or provide services under this agreement. Contractor shall, at its sole cost and expense, keep in effect such licenses, permits, qualifications, insurance, and approvals at all times during the term of this agreement. Contractor shall keep itself fully informed of and in compliance with all applicable laws affecting its performance under this agreement.
F.7.a
Packet Pg. 54
Attachment: TOWAgreement2023DRAFT (3031 : Food Truck Agreement) 3 b. Contractor shall require all food truck vendors to maintain any licenses, permits, qualifications, insurance, and approvals legally required for the food truck vendor to serve food and drinks to the public.
11.10. Indemnification Requirement. To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless City, its officers, employees, agents, and volunteers from any liability, claims, demands, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, damages, injuries, losses, expenses or costs of any kind, attorney fees incurred by City, court, mediation and arbitration costs, interest, defense costs including expert witness fees, and any other costs or expenses of any kind whatsoever without restriction or limitation arising out of or in any way related to Contractor's performance of the work required by this agreement, except for the sole negligence or willful misconduct of the City. All obligations under this provision are to be paid by Contractor as incurred by City. The City shall have no obligation to defend or indemnify the Contractor. The provisions of this section shall survive termination of this agreement.
12.11. Contractor’s Insurance.
Contractor shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with its performance under this agreement. Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, damage to rented premises, and medical expenses, with a limit of no less than $1,000,000 per occurrence and $2,000,000 in the aggregate. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (nonowned), with a limit of no less than $1,000,000 per accident for bodily injury and property damage.
c. Worker’s Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Workers' Compensation insurance will not be required if Contractor furnishes to City a written verification that it has no employees. d. If Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
13.12.Additional Insurance Requirements.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
F.7.a
Packet Pg. 55
Attachment: TOWAgreement2023DRAFT (3031 : Food Truck Agreement) 4 a. Additional Insured Status: City, its officers, officials, employees, and volunteers are to be covered as insureds on the Automobile Liability policy and on the Commercial General Liability policy.
b. Primary Coverage: For any claims related to this agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
c. Notice of Cancellation: Contractor shall not cancel, assign, or change any policy of insurance required by this agreement or engage in any act or omission that will cause its insurer to cancel any insurance policy required by this agreement except after providing thirty (30) days prior written notice to the City. If an insurance policy by this agreement is unilaterally cancelled or changed by the insurer, Contractor shall immediately provide written notice to the City and obtain substitute insurance meeting the requirements of this agreement. Nothing in this subsection relieves Contractor of its obligation to at all times maintain all insurance required by this agreement.
d. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City. City may require Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to City. g. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
(i) The retroactive date must be shown and must be before the effective date of this agreement or the beginning of work, whichever is earlier. (ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date/beginning of work. Provider must purchase '"extended reporting" coverage for a minimum of five (5) years after completion of work.
F.7.a
Packet Pg. 56
Attachment: TOWAgreement2023DRAFT (3031 : Food Truck Agreement) 5 h. Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. i. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
14. Food Truck Vendors’ Insurance & Licenses.
a. Contractor shall require each food truck vendor to similarly maintain the insurance required in sections 11 and 12, above, except that food truck vendors shall carry Commercial General Liability with a limit of no less than $1,000,000 per occurrence and $2,000,000 in the aggregate. Food truck vendors shall also name Contractor as an additional insured on their Commercial General Liability and Automobile insurance policies. b. Contractor shall obtain certificates of insurance evidencing the required insurance as a condition to permitting persons to participate in the Taste of the World Market. c. Contractor shall require any food truck vendor selling alcohol to possess a valid liquor sales license and liquor liability insurance covering the sale of alcohol.
Contractor shall provide proof of the required license and insurance to City prior to the event.
15. Evidence of Insurance. Provider shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required herein. Such evidence of insurance shall be attached hereto as Attachment B and considered an integral part of this agreement, which shall not become effective until satisfactory evidence of insurance has been received by City. All evidence of insurance must be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Provider obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
16. Equal Opportunity Employment. Provider is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. In the performance of this agreement, Provider shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.
17. Parking. Contractor shall attempt in good faith to monitor and correct illegal parking on the street or unauthorized parking in neighboring private lots to alleviate any parking problems. It is recognized Contractor may need assistance of the Police Department in deterring illegal parking.
18. Community Booths. Contractor will provide community booth space free of charge for non-profit organizations located in Orinda to distribute information and/or conduct F.7.a
Packet Pg. 57
Attachment: TOWAgreement2023DRAFT (3031 : Food Truck Agreement) 6 outreach for non-profit purposes. Organizations are subject to approval by the Contractor. In addition, the City and Library may staff an information booth contiguous to the event.
19. Landscape Repairs. Contractor shall replace at its sole expense any landscaping at and around the site of the food truck event damaged as a result of the event.
20. Truck and Vendor Parking. Contractor shall not allow trucks weighing over 6 tons or having more than 3 axles to enter the City's parking lot, as the subsurface was not constructed to handle large trucks on a routine basis. Event vendors and staff may not park parking that is on Orinda Way adjacent to the event and reserved for Community Center and library patrons. Food truck vendors and staff who need parking for a vehicle other than a food truck will off-load market items and park trucks in the parking area on Irwin Way.
21. Location. The Taste of the World Market will be located in the small parking lot at 28 Orinda Way, which will be closed to traffic during event hours. The City shall have the right and the sole discretion to move or expand the location of the Taste of the World Market to an alternative location. The City shall give Contractor as much notice as possible regarding any change in location.
22. Facilities and Services. The City shall provide the following facilities and services:
a. The space designated by the City as provided in section 20 may be used for the food truck vendors during the hours of operation for the food truck event and one hour before and one hour after.
b. City shall reserve the appropriate amount of parking spaces for the event, and shall block off the parking area using traffic cones. c. City shall not be responsible for any articles lost or stolen from this area. d. City shall issue an encroachment permit. No fee is required. e. On the day of the event the Contractor may place up to five temporary signs at locations to be determined by the City in order to advertise the Taste of the World Market.
23. Authority. The Contractor warrants that the person who signs this document has the full authority to do so, and that person’s signature shall bind the Contractor to each and every term and condition of this agreement.
24. Effect. This Agreement, and each of its terms and conditions, shall inure to the benefit of, and be binding upon the heirs, successors, executors, and assigns of the parties to the contract.
F.7.a
Packet Pg. 58
Attachment: TOWAgreement2023DRAFT (3031 : Food Truck Agreement) 7 25. Notices. All notices required to be given pursuant to this Agreement shall be addressed as follows:
City
City Manager
22 Orinda Way
Orinda, CA 94563
Taste of the World Market
811 Ferry Street
Martinez, CA 94553
26. Waiver. Waiver of a breach or default under this agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this agreement.
27. Modification. The City Manager may approve any waiver, modification or termination of this agreement. No modification shall be valid unless made in writing.
28. Severability. If any provision of this agreement is held invalid by a court of competent jurisdiction, the remainder of this agreement shall remain in effect to the greatest extent permitted by law.
29. Terminations.
a. Termination Without Cause: At any time and without cause, either party may terminate this agreement by giving 10 days written notice. b. Termination For Cause: In the event of Contractor's substantial failure to meet its obligations under this agreement, City may elect to give contractor 10 days written notice and an opportunity to cure. If Contractor has not cured the defects in its performance within 10 days, City may terminate the agreement for cause. c. Suspension: City may, at any time, temporarily suspend Contractor's performance, in whole or in part, by giving a written notice of suspension to Contractor. If City gives such notice, Contractor shall immediately suspend its activities under this agreement as specified.
30. Entire Agreement. This agreement, together with its attachments, sets forth the entire understanding between the Parties and supersedes any oral or written understanding they may have had prior to the execution of this agreement. No other contract, statement, or promise relating to the subject matter of this agreement shall be valid or binding.
F.7.a
Packet Pg. 59
Attachment: TOWAgreement2023DRAFT (3031 : Food Truck Agreement) 8 31. Governing Law and Venue. The formation, interpretation, and performance of this agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation and performance of this agreement shall be in Contra Costa County.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day firth written above.
TASTE OF THE WORLD MARKET CITY OF ORINDA
A Municipal Corporation
By:_____________________________ _______________________________ David BiggsSteve Salomon, City Manager
Date:___________________________ _______________________________ APPROVED AS TO FORM:
________________________________
Osa Wolff, City Attorney
Date:____________________________
F.7.a
Packet Pg. 60
Attachment: TOWAgreement2023DRAFT (3031 : Food Truck Agreement) 9 ATTACHMENT A
Taste of the World Plan
F.7.a
Packet Pg. 61
Attachment: TOWAgreement2023DRAFT (3031 : Food Truck Agreement) City Council
Staff Report
Agenda Item: H.1
Date: February 21, 2023
Department: City Council
AGENDA TITLE: Supplemental Sales Tax Oversight Commission (SSTOC) Annual Report
RECOMMENDATION:
Review, discuss, and accept the FY 2021-2022 SSTOC Annual Report, and provide Direction, if any.
DISCUSSION:
The SSTOC was established by the City Council to provide advice and oversight regarding revenue generated by the 2020 voter-approved one percent Supplemental Sales Tax (Measure R), particularly regarding efforts in Wildfire Risk Reduction, Disaster Planning, and Maintenance/Repair of Public Roads and Storm Drains. This Annual Report is the second annual report and is intended to address the fiscal year (July 1, 2021 through June 30, 2022). The report also includes a summary of those portions of the Annual Comprehensive Financial Report that are within the purview of the SSTOC.
DUTIES OF THE COMMISSION
The SSTOC Bylaws, dated December 5, 2020, and adopted by Resolution #67-20, indicate that the role of the Commission is to make recommendations and provide advice to the City Council and City Staff, regarding revenue generated from the Voter Approved Sales Tax (Measure R, 2020), as well as remaining revenues from the 2012 ½-cent Supplemental tax, and from the Measure J 2014 and Measure L 2016 General Obligation Bond Funds.
The bylaws specify that the priority programs for the SSTOC include:
· Wildfire threats and reduction of fire fuels from public and private property · Disaster planning and emergency response
· Coordination and delivery of the programs funded by the tax · Critical public storm drainage infrastructure
· Long-term road repair and maintenance
REQUIREMENT FOR ANNUAL REPORTS
The Bylaws and Resolution 67-20 call for the SSTOC to provide an annual written report to the City Council. The report is required to include information from the Annual Audit regarding expenditures from the Add-on Supplemental Sales Tax (Measure R, 2020), as well as remaining revenues from the 2012 one-half-cent Supplemental Tax, and from the Measure J 2014 and Measure L 2016 General Obligation Bond Funds. The report is also required to summarize the achievements and plans of the Commission.
H.1
Packet Pg. 62
FISCAL IMPACT:
There is no financial impact associated with receiving this report.
ATTACHMENTS:
A. SSTOC 2022 Annual Report
Respectfully Submitted by:
Micki Cronin
Senior Management Analyst
Prepared By: Micki Cronin, Senior Management Analyst
Approved by:
H.1
Packet Pg. 63
Supplemental Sales Tax Oversight Commission
Annual Report
for the
Fiscal Year Ending June 30, 2022
H.1.a
Packet Pg. 64
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Supplemental Sales Tax Oversight Commission
Annual Report for the Fiscal Year Ending June 30, 2022
TABLE OF CONTENTS
1 3
5 10
20 I. Introduction
II. Background
A. Role and Responsibilities of the Supplemental Sales Tax Oversight Commission B. Overview of Measure R (2020)
C. Collaboration with other Agencies
III. Goals
A. Goals Regarding Wildfire Risk Reduction and Emergency Preparedness B. Goals Regarding Road and Storm Drain Maintenance
IV. Accomplishments
A. Accomplishments Regarding Wildfire Prevention
B. Accomplishments on Roads
C. Accomplishments on Storm Drains
V. Financial Summary
A. Annual Audit
B. Revenue and Expenses
Appendix A: SSTOC Annual Financial Background for the Fiscal Year Ending June 30, 2022 30 Appendix B: Quarter 1 Measure R Revenue and Expense Fiscal Year 2022-2023 44 Appendix C: Summary of Road Repair Plans 50
Appendix D: Summary of Storm Drain Repair Plans 52
H.1.a
Packet Pg. 65
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) I. INTRODUCTION
This is the second Annual Report of the Supplemental Sales Tax Oversight Commission (SSTOC). The SSTOC was established by the City Council to provide advice and oversight regarding revenue generated by the 2020 voter-approved one percent Supplemental Sales Tax (Measure R), particularly regarding efforts in Wildfire Risk Reduction, Disaster Planning, and Maintenance/Repair of Public Roads and Storm Drains.
The SSTOC was also assigned to be the successor commission to the Citizens Infrastructure Oversight Commission (CIOC). As a result, this document also reports on remaining revenues from the 2012 voter-approved one-half percent Supplemental Sales Tax (Measure L), which the City Council focused on Maintenance/Repair of Public Roads and Storm Drains. The Measure L supplemental sales tax was replaced by Measure R in April 2021.
This Annual Report addresses the most recently completed fiscal year (July 1, 2021 through June 30, 2022) and includes a summary of those portions of the audited Annual Comprehensive Financial Report (ACFR) that are within the purview of the SSTOC. Because the audit is completed approximately six months after the reporting fiscal year closes, the revenue and expenses discussed occurred in the past. To help the reader form a more complete perspective of the City’s efforts and plans to address Wildfire Risk Reduction, Disaster Planning, and Maintenance/Repair of Roads and Storm Drains, this report also includes summaries of relevant historical and upcoming City efforts in those areas.
The City concluded the fiscal year with $3,127,429 in Measure L funds and $3,347,112 in Measure R funds. The fund balance in Measure R is partially a result of sales tax collected during the fiscal year being more than initially projected. The Measure L balance includes $108,922 in revenue that had been deferred under the State’s emergency deferral option program because of the pandemic. Also, expenses for both Measure L and Measure R were less than budgeted.
All of Measure L expenditures for the reporting year ($650,586) were for paving and storm drain projects. The 2021 paving and storm drain project was completed after the end of the 2021/2022 fiscal year. The remaining Measure L funds are budgeted through the Capital Improvement Program (CIP) for paving and storm drain projects and are projected to be expended by the end of the 2023- 2024 fiscal year. As is discussed in the last part of Section IV, the great majority of the funds for road and storm drain maintenance/repair come from several other funds, such as the Gas Tax, Solid Waste Provider fees, and Drainage Impact fees.
The majority of Measure R funds spent in 2021-2022 ($922,996) was on the chipper and truck, maintenance of City owned property to bring the majority of the parcels into compliance with the fire code, and staffing to support education, outreach, and direct action regarding wildfire risk reduction 1 H.1.a
Packet Pg. 66
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) and emergency preparedness. Additional details on financial topics can be found in Section IV and V and in Appendices A through D.
While direct action from the City plays a critical role in reducing Orinda's wildfire risk and improving emergency preparedness, real, significant progress relies on actions by City residents, businesses, and property owners. Orinda residents, City of Orinda staff, non-resident property owners, and other interested persons have continued to make important progress in reducing wildfire risk in Orinda and in preparing for emergencies in general. However, a great deal more work is still needed to reduce our overall wildfire risk, because a significant fraction of our City is rated as a Very High Fire Hazard Severity Zone by the California Department of Forestry and Fire Protection (CAL FIRE). As we learn from other communities, it is incumbent on all of us to protect one another by mitigating the risks on our property through annual maintenance as well as periodic (e.g., limbing up trees) or one-off projects (e.g., removal of juniper within 10 feet of the road, home hardening).
To help the City better understand its wildfire risk from vegetative fuels, quantify the fuels, and monitor progress towards reducing fuels, the SSTOC heard presentations from UC Berkeley Professor John Radke of the Center for Catastrophic Risk Management (April 2022) and Vibrant Planet on its Land Tender Program (June 2022). In its October 10, 2022 meeting, the SSTOC reviewed a proposal from the Center for Catastrophic Risk Management that may have the potential to perform that assessment and to provide regular updates. The SSTOC recommended that the Council fund that proposal, but the Council chose not to fund the proposal at this time. In the meantime, City Staff is seeking grants that could fund the proposal.
While our City has had considerable success in the past several years repairing our public roads and storm drains, we still have many large storm drain pipes at risk of failure, and we need to protect the investment we have made in our roads. We recognize the need for Measure R funds to support this endeavor in the future.
As a result of climate change, we must anticipate weather patterns to be more extreme—meaning severe droughts that may parch the landscape for years, if not decades, as well as intense atmospheric rivers that deluge us with rain. The City, its residents and stakeholders must act in exceptional ways to adapt to the changing environment—from reducing the risk of wildfire to repairing storm drains and preparing for an emergency evacuation. We hope that the following pages will give better insight into our recent successes, the work we still have ahead of us, and how voterapproved funding sources can support those efforts. 2 H.1.a
Packet Pg. 67
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) II. BACKGROUND
A. Role and Responsibilities of the Supplemental Sales Tax Oversight Commission (SSTOC)
DUTIES OF THE COMMISSION
The SSTOC Bylaws, dated December 5, 2020 and adopted by Resolution #67-20, indicate:
The primary objectives and purposes of this Commission shall be with respect to revenue generated from the Voter Approved Sales Tax, to make recommendations and provide advice to the City Council and City Staff, regarding the planned expenditures for priority programs, services, and projects; and to review, monitor, and report on the expenditures incurred. The Commission may be assigned oversight responsibilities for other voter approved taxes.
Specifically, the “Voter Approved Sales Tax” refers to Measure R (2020), as well as remaining revenues from the Measure L one-half-cent Supplemental Sales Tax (2012). The SSTOC bylaws specify that the priority programs include:
• Wildfire threats and reduction of fire fuels from public and private property. • Disaster planning and emergency response.
• Coordination and delivery of the programs funded by the tax. • Critical public storm drainage infrastructure.
• Long-term public road repair and maintenance.
As part of the resolution, the Council also re-assigned the remaining CIOC oversight duties regarding Orinda public roads and storm drains to the SSTOC.
REQUIREMENT FOR ANNUAL REPORTS
The Bylaws and Resolution #67-20 call for the SSTOC to provide an annual written report to the City Council. The report is required to include information from the Annual Audit regarding expenditures from the 2020 Add-on Supplemental Sales Tax (Measure R), as well as remaining revenues from the 2012 one-half-cent Supplemental Tax (Measure L). The report is also required to summarize achievements and plans of the Commission.
NEAR-TERM PRIORITIES
At the City Council Meeting of March 2, 2021, the Council received and approved a staff report regarding the roles and priorities for the newly-constituted SSTOC, including a recommendation that the key priority items for SSTOC in the near term should be:
3 H.1.a
Packet Pg. 68
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) • Implementation of a Chipper Program, to assist with expanded wildfire fuel reduction in the City.
• Reduction of fuel loads on publicly owned properties, in order to improve community safety and compliance with regulatory requirements.
• Identification of disaster planning needs.
• Other wildfire risk reduction and disaster planning needs, as may be identified.
The Council approved these near-term priorities for the SSTOC because it had previously accepted the 2019 recommendations from the CIOC regarding Road and Storm Drain Maintenance and Repair.
These recommendations are outlined in the following Goals Section B.
B. Overview of Measure R (2020)
In 2012, the voters in the City of Orinda approved Measure L, a one-half cent add on sales tax that would last for 10 years, expiring in 2022. The priority focus for the expenditures was the improvement of the public roads and drains.
In November 2020, the voters approved Measure R, a general add-on sales tax that would replace Measure L, increasing the add-on sales tax from one-half cent to one cent; and would provide for its collection for 20 years. The collection of the Measure R tax started April 1, 2021. The City Council appointed the Supplemental Sales Tax Oversight Commission (SSTOC), to make recommendations and review budgets and expenditures, as was called for in the ballot measure.
When Measure R was drafted, the City Council identified several key needs related to critical protection and safety of the general public and private properties. Priorities for the expenditure of the Measure R funds included:
• Wildfire Fuel Reduction / Vegetation Management.
• Disaster / Emergency Preparedness.
• Storm Drain Improvements to protect against flooding and road collapse. • Continued maintenance of public roadways, to protect the investments made in the last 10 years, which included over $50 million directly funded by voter approved tax dollars.
Measure R Funds were proposed to be used for a combination of both Operating Budget Programs and Capital Improvement Projects.
4 H.1.a
Packet Pg. 69
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) C. Collaboration with other Agencies
Wildfire Risk Reduction and Emergency Planning both require collaboration with nearby or overlapping organizations and agencies. A wildfire is an uncontrollable conflagration which sweeps across the land irrespective of who owns it or is responsible for its maintenance. Reducing the risk of such a disaster requires cooperation and collaboration across many interlocking jurisdictions and agencies.
Major organizations in the Orinda area that are currently active in wildfire risk reduction and emergency preparedness include:
Moraga Orinda Fire District (MOFD)
Contra Costa County Fire Protection District (ConFire)
Lamorinda Community Emergency Response Team (Lamorinda CERT) Diablo Firesafe Council
Orinda Firewise Council (OFC)
City of Lafayette, Town of Moraga, Canyon, City of Berkeley, City of Oakland CalTrans
Contra Costa Transportation Authority
East Bay Municipal Utility District (EBMUD)
East Bay Regional Parks District (EBRPD)
Telephone and wireless providers (AT&T, Verizon, T-Mobile, Sprint, etc.) Pacific Gas and Electric Company (PG&E)
III. GOALS
A. Goals Regarding Wildfire Risk Reduction and Emergency Preparedness In its September 8, 2021 meeting, the SSTOC approved the following set of recommendations aimed at reducing Wildfire Risk and improving overall Emergency Preparedness. These recommendations were submitted to the City Council September 21, 2021.
Considerable progress has been made on quite a few of these recommendations, as is described in Section IV, below.
NEAR-TERM OR “IMMEDIATE” RECOMMENDATIONS (Fiscal Year 2021-2022) 5 H.1.a
Packet Pg. 70
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report)
1. Hire and train an additional dedicated City staff member to provide “boots on the ground” support for wildfire risk reduction, emergency preparedness, and home hardening efforts.
2. Provide roadside fuel reduction and vegetation management, particularly along evacuation routes.
3. Create a vegetation and structure inventory of City and residential properties in order to utilize novel computer modeling of fire in the Wildland Urban Interface.
4. Continue to clear city property to comply with MOFD Fire Code, and budget and plan for annual clearance.
5. Establish an extensive community education and motivational program regarding Wildfire Risk Reduction, Home Hardening, and Emergency Preparedness.
6. Define police and other emergency staff required to assist the public during evacuations and assure adequate staffing levels will be available.
7. Publicize the existing chipper program and explore implementation of a gridded program.
8. Explore alternate funding to incentivize residents to achieve fuel reduction, home hardening, and emergency preparedness.
9. Expand the pilot program for NO PARKING on red flag days.
LONG-TERM OR MULTI-YEAR RECOMMENDATIONS (Through 2024)
1. Long-term strategic plan. The City should develop a matrix for success which includes periodic goals for residential compliance, a vegetation maintenance schedule and improved emergency preparedness.
2. Enhance relations with agencies with overlapping interests, such as EBMUD, PG&E, East Bay Regional Parks, and CalTrans.
3. Educate landscapers, nurseries, and garden centers regarding Orinda regulations, standards and best practices.
4. Continue to update City Ordinances to reflect MOFD’s continuing efforts to strengthen the Fire Code and Building Code.
5. Develop and implement a plan to help Orinda homeowners maintain affordable fire and hazard insurance.
6. Develop and adopt an environmental plan to address climate change locally.
Many of these goals are rather general in scope. The commission recognized the need to further refine some of the afore-mentioned goals with a focus on implementation ideas. The following recommendations were presented to the City Council June 21, 2022.
Goals:
• Increase number of Orinda homes in Firewise neighborhoods from our current level of 28% to:
6 H.1.a
Packet Pg. 71
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) o 40% by end of CY22
o 60% by end of CY23
o 85% by end of CY24
• Conduct Wildfire Readiness Evaluations at 20% of Orinda properties the first year. Goals in subsequent years will be based on initial year impact.
• Leverage the City’s chipper investment by implementing a grid program to supplement the current on-demand offering so that every area in Orinda is proactively offered a chipper day twice a year and roughly 1,000 homes use the chipper each year. • Drive action and investment in vegetation management and home hardening with 10% of households using Measure R incentives during year 1. Goals in subsequent years will be based on initial year impact.
Recommendations:
1. Implement a structured, educationally-focused Home Evaluation program that gives property owners a customized checklist of vegetation management and home hardening tasks.
2. Create an incentive program and other resources to assist residents in implementing their home evaluation checklist.
3. Augment our on-demand chipper program with a grid-based program that proactively offers the chipper to each neighborhood twice yearly.
4. Support grassroots activities with dedicated staff for Education and Outreach.
5. Manage Measure R funded activities collaboratively between the City, the SSTOC and other partner organizations.
B. Goals Regarding Road and Storm Drain Maintenance
The City Council directed the SSTOC to focus primarily on Wildfire Risk Mitigation and Emergency Preparedness for its initial few years. As a result, the commission has not discussed updates to goals for Road and Storm Drain Maintenance that were defined by the CIOC in 2019. For completeness, the already existing Road and Storm Drain Maintenance goals are listed below.
ROAD MAINTENANCE
The City of Orinda has approximately 93 miles of paved publicly-maintained roads. In the 2019 Road and Drainage Repairs Plan, the CIOC recommended the following road-maintenance objective:
Complete the repair of the public roads, then maintain these recently- repaired roads at the level we have achieved, using recommendations from the StreetSaver program as a guide, to minimize the long-term cost of maintenance. 7 H.1.a
Packet Pg. 72
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) The CIOC recommended that this objective would be realized by:
1. Using existing funding to complete the repair of the public Residential roads by the end of calendar year 2021.
• NOTE: All public residential roads have now been repaired. Oak Flat Rd was the last to be completed. Paving had been postponed, to allow Central Sand and EBMUD to complete their work before final paving work.
2. Using existing funding to complete the repair of the public Arterials and Collectors by the end of calendar year 2023.
• NOTE: This goal is nearly accomplished. Repairs of Bear Creek Road, from Camino Pablo to the City Limit, are expected to be completed in Spring, 2023. Remaining repairs on Miner Road and Tara Road are also scheduled for 2023. Repairs on Happy Valley Road have not yet been scheduled.
3. By 2023, extending the current one-half cent add-on sales tax or developing an alternative source of funding yielding the same continuing revenue. • NOTE: This was accomplished through the passage of Measure R.
4. Every four years, evaluating whether growth in existing revenue sources is adequate to achieve our objective, and if not, developing additional funding sources to fill the gap. • NOTE: This will continue to be an ongoing goal. Measure R funds will fill some of these needs, but staff continues to investigate grants and other funding sources, to reduce need for Measure R funds.
5. Since funding needs are unlikely to be constant from year to year, the City should set aside in reserves any funding available in any given year but not required to meet current requirements.
• NOTE: This is an ongoing part of the City’s overall financial management plans. The CIP process is a key element of this process. This is also addressed through the design process, by selecting roads each year that meet the City’s budget.
6. Continuing the Pavement Management approach described in Attachment 8 of the 2019 Road and Drainage Repairs Plan, including regular pavement condition assessments, the use of the StreetSaver program to guide City Staff in the selection of treatment schedules for all of the City’s public streets, considering such factors as how groupings of segments can minimize overall cost and minimize impacts to the citizens using the roads 8 H.1.a
Packet Pg. 73
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) • NOTE: This is an ongoing part of the City’s process.
See Appendix C for further details about maintenance/repair plans for our public roads.
STORM DRAIN REPAIRS AND MAINTENANCE
The 2019 Road and Drainage Repairs Plan did not define an overarching set of goals regarding storm drains. However, the Plan did note that City staff had proposed an extensive project to perform CCTV inspections of many pipes in the public storm drain system, and a plan to provide a more accurate assessment of the status of our storm drain system, the risk of failures, and the cost of needed repairs. The Plan also provided an overview of the status of the Storm Drain system and identified key maintenance issues, along with a rough cost estimate and prioritization for those repairs.
Orinda’s storm drain system includes about 17 miles of public storm drain pipes. These pipes, made from various materials, include Corrugated Metal Pipes (CMP), Reinforced Concrete Pipes (RCP), and various plastic pipes (HDPE, PVC etc.). Many of the City’s CMP pipes have been in place well beyond their design life, and therefore may need to be replaced soon. Other pipe materials (RCP, HDPE, etc.) have much longer design life, and are thus less likely to be at current risk.
The City has replaced many of the smaller pipes beneath public roads, within the annual paving projects. Several larger pipes were also replaced in the 2012-2022 time-frame, within Capital Improvement Projects. The City’s Capital Improvement Plan (CIP) includes an ongoing program for maintaining and updating a detailed database of the Storm Drain system, and for performing video inspections of storm drain pipes in the public storm drain system on an as needed basis. Pipes are repaired or replaced as needed, and the City is continuously building a more complete record of pipe conditions.
The 2019 update to the Orinda Road and Drainage Repair Plan, projected that roughly $30 Million was likely be needed over the subsequent 10 years or so (that is roughly to 2030), to better assess the condition of our pipes within our public storm drain system and to repair or replace pipes that are likely to fail. About $10 Million of that was projected to be needed over the subsequent 3 to 5 years (that is, by about 2024), to continue the detailed inspections and to repair or replace the larger storm drain pipes found to have the highest risk of failure.
See the Accomplishments section and Appendix D for further details about public storm drain maintenance/repair activities and plans.
9 H.1.a
Packet Pg. 74
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) IV. ACCOMPLISHMENTS
A. Accomplishments Regarding Wildfire Prevention
Some of the City’s recent efforts to enhance our prevention and preparedness for wildfire are listed below. The first list includes items that were completed by June 30, 2022. To help provide a more complete picture, the second list summarizes tasks that were introduced and/or largely completed after June 30, 2022. They are included here to provide a view into ongoing and upcoming activities.
COMPLETED BY JUNE 30, 2022
• Modified the pilot program for No-Parking-on-Red-Flag-Days to eliminate warnings.
o Delivered a direct mail piece prior to the start of Fire Season for the Red-Flag-Days program to the residents along El Toyonal and Loma Vista Drive in the existing Red-Flag-Parking-Restrictions-Area. • Expanding the No-Parking-on-Red-Flag-Days pilot program to evacuation routes in North Orinda with necessary improvements in design. • Established an Emergency Preparedness page on the City’s website. • Hired staff (Micki Cronin) dedicated to administering the work of wildfire mitigation and the SSTOC.
• Produced the Orinda Fire Evacuation Guide and General Information pamphlet, which includes:
o General information regarding evacuations in the event of a wildfire.
o Evacuation maps.
o Zonehaven codes for Orinda.
o Web addresses to sign up for Contra Costa County
Emergency Alerts.
• For a one-year trial period, adopted the introduction of goat grazing at Orinda Oaks Park and Open Space with neighborhood outreach and Council approval.
• Expanded fuel reduction efforts on all City property. 10 H.1.a
Packet Pg. 75
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Before After
• Participated in the East Bay Incident Management Team virtual exercise at St Mary’s College with Moraga, Lafayette, Contra Costa County Fire, and MOFD. • Hosted three focused public awareness social media campaigns (PYP4FS, DidYouKnow and RUReady) on NextDoor, Facebook, Twitter, and Instagram. o Boosted posts and videos that garnered an increased number of engagements and impressions.
• Additional posts were produced on a variety of topics related to wildfire and emergency preparedness in addition to the three campaigns listed above. • Tripepi Smith (our marketing consultant) is fully engaged and has completed a Platform Review and provided an updated Internal Social Media Policy which has been approved by the City Manager and is in effect as of November 1, 2021. • Created direct mail and marketing pieces to promote:
o Chipper Program.
o Fire Marshal’s Hazard Compliance guidelines.
o Red-Flag-Day parking restrictions.
• The printed spring 2022 edition of The Orinda Way publication featured Fire Prevention and Emergency Preparedness and was distributed to all Orinda households. • Worked in collaboration with MOFD and CERT to update the Lamorinda Resident Guide to Wildfire Preparedness & Evacuation which was distributed to every household.
• Participated in Community Outreach and Education events:
o MOFD’s Open House (May 2022)
o Wilder Health and Safety Fair (June 2022).
• Met with Contra Costa Association of Realtors staff for Governmental Affairs and shared links to the City’s website and MOFD’s Exterior Hazard Abatement ordinance information. • Met with local gardening retail stores to share Disallowed Plant List. • Established a 2x2 committee of two Orinda City Council members and two MOFD Board members
11 H.1.a
Packet Pg. 76
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) o First meeting in April 2022.
o Introduced the second set of SSTOC recommendations (presented May 2022) • Grants received:
o Caltrans Local Road Safety Plan (LRSP) $40,000 – Aug 2021. This grant will create a road safety plan that could identify future programs and funding needs to make the City eligible for future Caltrans grants. • Grants applied for:
o Safe Routes to School, $348,684: Glorietta School Crossing (June 2022). o Metropolitan Transportation Commission ATP $1,617,712: Camino Pablo Pathway Improvements (June 2022).
IN PROGRESS/COMPLETED AFTER JUNE 30, 2022
• Established a Measure R Fire Fuels Reduction Incentive Pilot Program with the Orinda City Council allocating $400,000.
o Started taking applications for reimbursement on November 1, 2022. • City Council authorized an Outreach and Education Coordinator as part of the 2022-2023 Budget in June 2021.
o The position was posted in August/September
o Interviews took place in September/October
o The position was filled (James Duff) as of November 28, 2022. • Began scheduling the Orinda Chipper and launched a new registration software to enable a community grid program, with neighborhood chipping days. • Initiated enhanced communication and coordination with EBMUD, EBRPD, and PG&E on wildfire fuel reduction.
o Urged EBMUD to remove 1,500 dead Monterey pine trees at the San Pablo Reservoir. o Encouraged CalTrans to remove wildfire fuel along State Route 24. • Requested and received $800,000 in State funds through the efforts of Assembly Member Bauer-Kahan for a three-year pilot program to fund two additional inspectors to serve Orinda and Moraga, to be supervised by MOFD.
• Installed Contraflow evacuation signs on Miner Rd (Fall 2022). • Entered the Chipper Truck in the 4th-of-July-Parade to promote wildfire prevention and fuel reduction.
• Participated in Community Outreach and Education events:
o Rotary (August 2022).
o Lamorinda’s Virtual Evacuation Exercise (September 2022) • Utilized the Lamorinda Great ShakeOut drill (October 2022) to test emergency communications systems. Orinda City Staff also set up the Emergency Operations Center at City Hall.
12 H.1.a
Packet Pg. 77
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) • The printed fall 2022 edition of The Orinda Way publication featured Fire Prevention and Emergency Preparedness and was distributed to all Orinda households. • City Council approved an appropriation of $80,000 of Measure R monies to fund the AB 747 Evacuation analysis (March 2022).
o Completed the AB 747 Evacuation Analysis, which was then incorporated in the pending General Plan Safety Element update.
• Scheduled the California Department of Insurance to speak on fire insurance-related issues at the December 2022 meeting of the 2x2 committees of the City Council and MOFD. • Grants applied for:
o California Governor’s Office of Emergency Services Hazardous Mitigation Grant Program (HMGP) $568,360 (August 2022).
o Metropolitan Transportation Commission ATP, $348,684; City Hall emergency generator project (August 2022).
o USDA Forest Service Community Wildfire Defense Grant
Project 1: Wildfire Education and Outreach Program $551,545 (October 2022). Project 2: Strategic Wildfire Planning $618,009 (October 2022).
B. Accomplishments on Roads
In the first years since incorporation in 1985, the City was only able to repair and maintain the most heavily-travelled roads (Arterials, Collectors, and School Routes). By 2004, most of the City’s Residential roads had deteriorated badly, and the City began a concerted effort to address the problem.
Real progress on improving the Residential roads began after voters approved a half-cent sales tax in November 2012 (Measure L). In 2014, voters approved a $20 Million general-obligation bond (Measure J), to provide additional funds for repairs of Residential roads and storm drains. Another funding increment was provided by the passage of the 2016 $25 Million general-obligation bond (Measure L – 2016).
As of December 2022, all public Residential roads have now been repaired. Repairs of our public Arterials and Collectors are expected to have been completed by the end of calendar year 2023, with the exception of Happy Valley Rd, for which some repairs have not yet been scheduled. As a measure of success in this effort, the Metropolitan Transportation Commission’s Pavement Condition Index (PCI) report for 2021 lists Orinda as one of only six Bay Area cities with roads meeting their highest category (“Very Good”), with an average PCI of 80-89. Orinda’s average PCI for 2021 was 85, which is a significant improvement from the average PCI of 46 (“Poor”) in 2006, before starting the roads program. This is a tremendous accomplishment!
13 H.1.a
Packet Pg. 78
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Due to a formal request for bid relief (a public contracting remedial process), the 2021 paving project was advertised a second time, delaying the start of the project until spring 2022. As a result, the City had two separate paving projects in calendar year 2022. The second project, the 2022 paving project, was awarded in July, and began in September. Construction was completed by the end of the calendar year 2022.
Table IV-1 shows the lengths of Orinda’s public roads that have been repaired from 2012 through 2022. Streets included in the 2021 and 2022 paving projects are shown in Table IV-2 and Table IV-3, respectively.
NOTE: Regarding the planned 2023 repairs on Miner Road: The City will rehabilitate the section between Lombardy and Tiger Tail Court in 2023, after EBMUD replaces a main water line. EBMUD is contributing $103,000 toward pavement rehabilitation.
Regarding planned 2023 repairs on Tara Road: The City plans to rehabilitate the section between Southwood Drive to Nonie Road after EBMUD completes replacement of a water line. EBMUD has contributed $95,287 toward pavement rehabilitation.
Further information on plans regarding future pavement maintenance and repairs are discussed in Appendix C.
Table IV-1. Lengths of Orinda’s Public roads repaired from 2012 through 2022 Year Residential Streets
Miles of Rehabilitation
Arterials and Collectors
Miles of rehabilitation
2012 0.66 1.77
2013 -- --
2014 0.94 3.86
2015 6.85 2.24
2016 8.50 0.73
2017 10.46 0.36
2018 13.74 1.34
2019 24.35 0.86
2020 1.99 4.45
2021 0.31 5.91
2022 0.62 5.66
Total Miles of Orinda Roads Repaired 95.6
Miles repaired: Sub-Totals 68.42 27.18
14 H.1.a
Packet Pg. 79
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Table IV-2: List of Streets included in the 2021 Paving Project (Fiscal Year 2020-21) Street Name From To Length (ft) Functional
Classification
Bryant Way Moraga Way ·Davis Road 340 A
Camino Sobrante Orinda Way El Ribero 3,076 C
Camino Sobrante Camino Pablo Orinda way 500 A
Camino Pablo Moraga Way Santa Maria Way 2,212 A
Camino Pablo Santa Maria Way Camino Sobrante 1,995 A
Camino Pablo Orinda Way Miner Road 1,012 A
Camino Pablo Orinda Way Camino Sobrante 952 A
Charles Hill Road Souel Road Diablo View 1,635 R
Charles Hill Road Charles Hill Place Honey Hill Road 1,355 C Charles Hill Road El Nido Ranch Charles Hill Place 495 C Las Piedras Vista Del Orinda Lomas Cantadas 840 C
Lomas Cantadas City Limit Tres Mesas 1,740 C
Lomas Cantadas Tres Mesas Las Piedras 1,550 C
Lombardy Lane Van Ripper (N) Dalewood Dive 1,176 C
Lombardy Lane Tarry Lane Van Ripper 1,364 C
Lombardy Lane Van Ripper (S) Van Ripper (N) 1,353 C
Rheem Blvd Zander Drive Carolyn Court 2,053 A
Rheem Blvd Carolyn Court Moraga Via 1,808 A
Rheem Blvd. City Limit Zander 863 A
Santa Maria Way Camino Pablo Orinda Way 190 A
Santa Maria Way Orinda Way Altarinda Road 1,290 C
St. Stephens Drive El Nido Ranch Road Las Vegas Road 2,289 C St. Stephens Drive Hidden Valley Road El Nido Ranch Road 690 A Vista Del Orinda El Toyonal Las Piedras 362 C
Wilder Road HWY 24 EB On-Ramp Bridge Decking (S) 880 C
Wilder Road Bridge Decking (N)
190’ N at the Fence
corner 134 C
Wilder Road Orinda Fields Lane
HWY 24 EB OnRamp 726 C
6.22miles
Table IV-3: List of Streets included in the 2022 Paving Project (Fiscal Year 2021-2022) Street Name From To Length
(ft)
Functional
Classification
Bear Creek Road Camino Pablo City Limit 3,300 C
Brookwood Rd Spring Road Camino Pablo 2,100 C
Ivy Drive Moraga Way (N) Moraga Way (S) 6,548 C
Valley View Dr Moraga Way Don Gabriel Way 2,911 C
Moraga Way Ivy Drive (N) Ivy Drive (S) 7,078 A
La Espiral Camino Sobrante 109 La Espiral 2,642 R
15 H.1.a
Packet Pg. 80
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Old Camino Pablo Claremont 80’ North Of End 230 R
El Toyonal 411 El Toyonal Vista Del Orinda 365 C
El Toyonal Vista Del Orinda Alta Vista Lane 2,105 C
El Toyonal 125 El Toyonal Bonita Lane 1,504 C
El Toyonal Bonita Lane Loma Vista Drive 1,145 C
El Toyonal Loma Vista Camino Pablo 1,756 C
Hidden Valley Rd St. Stephen Drive SR 24 On Ramp 1,059 C Oak Flat Road Charles Hill Road Cul De Sac 392 R
Bear Creek Road Camino Pablo City Limit 3,300 C
Brookwood Rd Spring Road Camino Pablo 2,100 C
6.28 Miles
C. Accomplishments on Storm Drains
Orinda’s storm drains, many of which are located under our roads, are largely out of sight and most of us are not aware of how extensive Orinda’s storm drain system actually is. For the most part, our storm drains are only noticed when problems arise. The sinkhole created in January 2017 on Miner Road, caused by the failure of the culvert under the road, clearly shows the necessity to address storm-drain rehabilitation work as quickly as possible.
To develop a better understanding of the status of the storm drain system, the City funded two recent surveys of the system. The first survey, summarized in a March 2016 report by Schaaf and Wheeler, focused on a hydraulic assessment of the larger, higher-risk drains. The second survey, summarized in an August 2019 report by Drake Haglan and Associates, focused on updating inspections of poor-condition, large diameter pipes, providing updated cost estimates for recommended repairs of those pipes, and generating a prioritized list of repairs and potential improvements.
The results of these studies led to the development of a Storm Drain Database and a 10-year plan for repairs to the storm drain system, as called for in the December 2019 Road and Drainage Repairs Plan. The City has an ongoing program that includes maintaining and updating the database and performing video inspections of storm drain pipes, to provide a more accurate assessment of the status of these pipes, the risk of failures, and the cost of any needed repairs.
The majority of the public storm-drain pipes are located under public roads, and many of the smaller pipes are being replaced as a part of our ongoing paving projects. Pipes that are larger diameter, or deeper below the surface, are addressed through the Capital Improvement Program (CIP).
Table IV-4 below summarizes repairs of storm drain pipes that were performed as part of our paving projects since 2012.
16 H.1.a
Packet Pg. 81
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Table IV-4 Drains that were repaired or replaced as part of the Paving Projects from 2012 through 2022
Year
Linear Feet
replaced or lined Total cost
2012 300 $91,464
2013
2014
2015 384 $133,644
2016 397 $200,096
2017 2,226 $672,364
2018 4,462 $1,768,008
2019 2,406 $1,065,400
2020 1,639 $560,000
2021 1,165 $806,265
2022 180 107,700
TOTAL 13,159 $4,598,676
Tables IV-5 and IV-6 list the storm drains repaired as part of the 2022 and 2023 paving projects, respectively. (Note: The 2023 paving project was completed in December 2022 – not within the nominal 2021-2022 fiscal year of this report. It has been included only as information about ongoing work.)
Table IV-5: Storm Drain repairs within 2021 Paving Project (Completed in 2022) Size of Pipe Length in Feet Cost
12” 48 $14,400
18” 180 $37,800
24” 120 $30,000
12” HDPE 196 $96,040
15” HDPE 50 $27,500
18” HDPE 381 $234,315
18”HDPE 126 $80,010
24” HDPE 64 $42,200
TOTALS 1,165 $806,265
17 H.1.a
Packet Pg. 82
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Table IV-6: Storm Drain repairs within 2022 Paving Project (Completed in December 2022)
Pipe Size Length in Feet Cost
18” 108 $46,980
24” 60 $46,200
48” 12 $14,520
TOTALS 180 $107,700
Table IV-7 summarizes recent and near-term large-scale CIP storm drain projects. This list includes projects funded with revenue from sources other than or in addition to Measure L or R, with the funding sources indicated in the table.
Table IV-7: Recent large-scale Storm Drain projects
Project Scope of Work Cost Funding Source
Lavenida Culvert Repair
(CIP #4148)
Completed Nov. 2022
Construct reinforced concrete
invert in 120” diameter CMP and
construct concrete headwalls
Approx.
$1.0
Million
Primarily funded through
Drainage Impact Fees
(Fund #210) and Measure
L Sales Tax (#105)
Group 1 Storm
DrainRepairs (CIP #’s
3100 & 4167)
Design &
Creek/regulatory
permit work underway
Internal lining of three CMP pipes:
1. 60” CMP crossing Glorietta
Blvd. north of Rheem
2. 72” CMP crossing Coral Dr. (just
west of Ivy Dr.)
3. 72” x 110” CMP crossing
Moraga Way (north of Brookside
Rd.)
Approx.
$2.2
Million
Funded through ARPA
(Fund #256), Drainage
Impact Fees (Fund #210)
and Road Maintenance
Fee (Solid Waste) (#335)
Group 2 Storm Drain
Repairs (CIP #’s 3101 &
3102)
Design &
Creek/regulatory
permit work underway
Internal lining of five CMP pipes:
1. 96” CMP crossing Moraga Way
(at Orchard Rd.)
2. 60” CMP crossing Orchard Rd.
(just west of Great Oaks Cr.)
3 & 4. Twin 42”x72” CMP’s
crossing Ivy Dr. (just south of
Ramona Dr.)
5. 96” CMP crossing El Camino
Moraga (just north of Dos Encinas)
Approx.
$2.6
Million
Funded through ARPA
(Fund #256) and
Drainage Impact Fees
(Fund #210)
18 H.1.a
Packet Pg. 83
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) San Pablo Creek Box
Culvert Repair (CIP
#4187)
Design & Creek/
regulatory permit work
underway
Repair 1,300 LF concrete culvert
adjacent to Camino Pablo/Orinda
Way in Village District
Approx.
$4.2
Million
Funded through Measure
R (Fund #106) and Road/
Drainage Stabilization
(Fund #704)
Abbreviations: ARPA – American Rescue Plan Act
As can be seen in Table IV-8, the City is making good progress toward meeting the five-year milestone of the 10-year plan, to replace the Category A pipes – pipes identified as having the highest risk of failure by the end of 2024. Unfortunately, many of these larger pipes require a complex and time-consuming permitting process, slightly extending these efforts somewhat beyond the end of 2024. Measure R funds will be critical to accomplishing this project.
Table IV-8: Category A Storm Drain Projects - Overview
CIP project
Number
Project
cost/budget
Construction
year
Status as of
12/12/2022
Measure R
fundng
4150 $50,000 20/21 complete
4094 $140,000 2023 ready to bid
4162 $205,000 19/20 complete
4167 $967,000 23/24 in permitting/ design
3100 $1,200,000 in permitting/ design $1,000,000
3101 $1,250,000 23/24 in permitting/ design $1,000,000
3102 $1,300,000 23/24 in permitting/ design $1,000,000
3103 $1,600,000 24/25 programmed in CIP $1,600,000
3104 $1,100,000 24/25 programmed in CIP $1,100,000
3105 $1,100,000 24/25 programmed in CIP $1,100,000
Subtotal $8,912,000 $6,800,000
Contingency,
15% $1,336,800
TOTAL
(Rounded) $10,000,000
See Appendix D for additional information regarding future storm drain pipe maintenance and repairs.
19 H.1.a
Packet Pg. 84
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) V. Financial Summary
The SSTOC Bylaws, dated December 5, 2020 and adopted by Resolution #67-20, indicate that the role of the commission with regards to the revenue generated from the Voter Approved Sales Tax (2020 Measure R) is to make recommendations and provide advice to the City Council and City Staff, regarding the planned expenditures for priority programs, services, and projects; and to review, monitor, and report on the expenditures incurred. The Commission may be assigned oversight responsibilities for other voter approved taxes. This includes any remaining revenues from 2012 Measure L as well as the 2014 Measure J and 2016 Measure L General Obligation Bond Funds. Both Bond Funds have been fully expended: Measure J as of June 30, 2019 and Measure L as of June 30, 2021.
Income from and expenditures against the listed revenue sources are reported through the following funds (used in City Finance reports):
Fund 105: Funds from Measure L (2012). Measure L was a General Fund Add-on Sales Tax (additional one-half cent or 0.5 percent), which was approved by more than 50% of the voters at an election November 6, 2012. The tax was a General Tax. As originally approved by the voters, it was scheduled to terminate after 10 years. The tax was first collected by the State in April 2013. In November 2020, the voters approved Measure R, which terminated the collection of Measure L funds as of March 31, 2021. Measure R began to be collected April 1, 2021.
Fund 106: Funds from Measure R (2020). Measure R is a General Fund Add-on Sales Tax (additional one cent or 1.0 percent), which was approved by more than 50% of the voters at an election November 10, 2020. The tax is a General Tax. It is scheduled to terminate after 20 years.
The approval of this tax replaced the Measure L tax, which was collected at a lower rate. The Measure R tax was first collected on April 1, 2021.
The text below provides a brief summary of the revenue collected in the funds listed above and the expenses against those funds. A more detailed financial report is presented in Appendix A.
A. Annual Audit
The City obtains an independent annual audit of its financial statements and completes an Annual Comprehensive Financial Report (ACFR). The City selected Maze and Associates as its auditors. For the fiscal year ending June 30, 2022, Maze and Associates has issued a “clean” opinion. This states that based on their independent review and testing, the financial statements are fairly presented in 20 H.1.a
Packet Pg. 85
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) all material respects. The ACFR was issued on December 19, 2022 and presented to the City Council at a public meeting on January 10, 2023.
B. Revenue and Expenses
Fund 105 Measure L – Add-On Sales Tax (1/2 Cent)
Revenue and expenses for the Measure L Add-On Sales Tax are shown in Tables V-1 and V-2 below.
Measure L Sales Tax revenues were collected only through March 31, 2021, when Measure L was replaced by Measure R. However, due the State’s emergency deferral option program as a result of the COVID-19 Pandemic, $108,922 in sales tax revenue was received during the fiscal year. At the end of the reporting fiscal year (June 30, 2022), the Measure L unexpended balance was $3,127,429. The remaining balance is programmed to be expended as part of the Capital Improvement Program for street-related projects and should be extinguished in the 2023-24 fiscal year.
Table V-1: Income and Expenditure Summary - Measure L 2012 ½ Cent Add-On Sales Tax 21 H.1.a
Packet Pg. 86
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Fund 106 Measure R – Add-On Sales Tax (1 Cent)
The Measure R Add-On Sales Tax, shown in Table V-2 and V-3 below, was collected for the period from July 1, 2021 – June 30, 2022. Note that Sales Tax processing and remittance from the State of California has a long lead time with revenue received each July and August being accrued to the previous fiscal year. Sales Tax revenue was stronger than anticipated when the budget was being developed in June 2021.
The fund reported sales tax revenue of approximately $3,682,761and there was $992,996 in expenditures. The unexpended balance as of June 30, 2021 was $3,347,112.
The City Manager operational expenditures were currently 64% of budget. This reflects the timing of hiring the Senior Management Analyst at 80% (August 2021) and the ramping up of priority programs approved by the City Council. Several of the larger expenses in the Public Works and Parks & Recreation operational budgets related to hazard mitigation made up a significant portion of the operating expenses, including Parks & Recreation work scheduled in final quarter of last fiscal year (2020-2021) which carried over into the first quarter of the 2021-2022 fiscal year.
The purchase of the Chipper Truck made up the bulk of the Major project expenditures. Although the Brookwood Right of Way Mitigation project design assessment is underway, only $16,243 of expenditures were recorded in FY 2021-2022.
22 H.1.a
Packet Pg. 87
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Table V-2: Income and Expenditure Summary - Measure R 2020 1 Cent Add-On Sales Tax 23 H.1.a
Packet Pg. 88
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Table V-3: Expenditure Details - Measure R 2020 1 Cent Add-On Sales Tax 24 H.1.a
Packet Pg. 89
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Projected Measure R Revenue and Expenditures
Table V-4 below summarizes current and projected Measure R revenue and expenditures through fiscal year 2025-2026. Note that the 2021-2022 numbers are shown as preliminary but are included in the approved 2021-2022 budget.
The 2021-2022 budget includes $2.45M from Measure R for the 2022 Annual Paving Project, and $90,000 for the Brookwood Right of Way mitigation project. Remaining numbers are projections and are subject to change, including significant Measure R expenditures for storm drain repairs in the final three fiscal years of the report. There are no present plans to use Measure R funds on road maintenance / repairs in the final three fiscal years listed in the report.
For additional information on recent Measure R activities and near-term planned expenditures, see detailed Financial Reports of Appendix A and Appendix B. 25 H.1.a
Packet Pg. 90
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Table V-4: Measure R Sources and Uses of Funds - Actuals and Projections 26 H.1.a
Packet Pg. 91
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Other Funds that Support Maintenance and Repair of Roads and Storm Drains Maintenance and repair of Orinda's roads and storm drains are funded through several different funds and associated funding sources. This document provides detailed reporting only on Fund 105 (Measure L, the 2012 ½-Cent Add-On Sales Tax) and Fund 106 (Measure R, the new 1-Cent Add-On Sales Tax).
However, it is important to recognize that several additional funding sources are used to support maintenance and repair of our roads and storm drains. The following tables, copied from the Capital Improvement Plan as of December 8, 2022, summarize all of the funding sources for the repairs of Orinda's public roads and storm drains for the 2021-2022 and 2022-2023 Fiscal Years: 2012 Measure L, 2020 Measure R, Gas Tax, Drainage Impact Fees, Transportation Development Act, CCTA, Road Maintenance Fees from solid waste provider, Stormwater Utility Assessment, Capital Improvement/General Funds, and Road/Drainage Stabilization. Of the roughly $5.2 M spent on roads and storm drains in the reporting fiscal year (2021-2022), only $20,000 came from Measure R funds.
However, in the coming fiscal year (2022-2023), somewhat over one-fourth of the total expenditures on roads and drains are projected to come from Measure R. 105 Orinda Add-On Sales Tax (L) 21/22 22/23
Lavenida Culvert Repair 60,000 303,500
Lavenida Culvert Repair 700,000
2021 Annual Pavement Project 1,085,500 300,000
2021 Annual Pavement Project 900,000
2021 Annual Pavement Project 416,599
1,145,500 2,620,099
106 Add-On Sales Tax measure R 21/22 22/23
Canon SD Repairs PL-1765, -1766 &-1775
Ranch SD Repairs PL-1074; PL-1089, PL-1809
Brookside SD Repair PL-751, PL-867
2022 Annual Pavement Project 2,450,109
Mitigation - Brookwood Rd. ROW- Study 20,000 90,000
San Pablo Creek Culvert Repair
20,000 2,540,109
200 Gas Tax 21/22 22/23
Orinda Way Pavement Rehabilitation 255,000
2021 Annual Pavement Project 700,000
2022 Annual Pavement Project 600,000
955,000 600,000
27 H.1.a
Packet Pg. 92
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) 210 Drainage Impact Fees 21/22 22/23
Glorietta-Rheem SD Repair PL-492 175,000 25,000
Orchard SD Repair PL-409 & PL-513 50,000 200,000
Ivy Dr. SD Repairs, PL-958/959 & PL864 200,000
Storm Drain Liner Ivy Dr (48in) 130,000
Lavenida Culvert Repair 3,000 508,500
Storm Drain Moraga Wy & Coral 93,000 100,000
321,000 1,163,500
263 Transportation Development Act (TDA) 21/22 22/23
Camino Pablo Bicycle Route Corridor Impr. 51,500
51,500
330 CCTA Return to Source (Local Share)
2021 Annual Pavement Project 45,000 555,000
2022 Annual Pavement Project 360,000 200,000
405,000 755,000
331 CCTA Project Specific Grants
Camino Pablo Bicycle Route Corridor Impr. 400,000
400,000
335 Road Maint Fee (Solid Waste Provider 21/22 22/23
2019 Annual and Measure J & L Pvmnt Rehab 190,000
Camino Pablo Bicycle Route Corridor 335,000
2021 Annual Pavement Project 1,135,000 283,000
2022 Annual Pavement Project 284,988
2023 Annual Paving Project 210,000
1,660,000 777,988
514 Stormwater Utility Assessment 21/22 22/23
Green Infrastructure Prog. for Pvmnt Projects 35,000 30,000 Lavenida Culvert Repair 31,000
2021 Annual Pavement Project 240,000
35,000 301,000
700 Capital Improvement (General) 21/22 22/23
700 Capital Improvement (General) 170,000 170,000
Drainage Impvt 25 La Cuesta 31,500
170,000 201,500
28 H.1.a
Packet Pg. 93
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) 704 Road / Drainage Stabilization 21/22 22/23
Canon Dr. Embankment repair 73,000
Lavenida Culvert Repair 80,000
Cam. Sobrante at Golf Course Slide Stabili. 70,000 196,000 San Pablo Creek Culvert Repair 290,000
70,000 639,000
Overall Totals
21/22 22/23
Fund 105 - Add-On Sales Tax Measure L 1,145,500 2,620,099 Fund 106 - Add-On Sales Tax measure R 20,000 2,540,109
Sum of Remaining Listed Funds 4,067,500 4,437,988
OVERALL TOTALS 5,233,000 9,598,196
29 H.1.a
Packet Pg. 94
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Appendix A
Supplemental Sales Tax Oversight Commission
Annual Financial Background (Audit Report)
For The Fiscal Year Ending June 30, 2022
30 H.1.a
Packet Pg. 95
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Supplemental Sales Tax Oversight Commission
Annual Financial Background
For The Fiscal Year Ending June 30, 2022
Purpose
The City of Orinda has four voter approved local revenue measures. In 2021 the City Council designated the Supplemental Sales Tax Oversight Committee (SSTOC) to be the oversight body for Measure R Add-On Sales Tax. The SSTOC replaced the Citizens Infrastructure Oversight Committee (CIOC), which had previously served in an oversight role for the expenditures of General Obligation Bonds and Measure L ½ cent Add-On Sales Tax. As such the SSTOC is also charged with the oversight reporting role for any unexpended balances of GO Bonds and unexpended Measure L balances.
The Administrative Services Director and Finance Staff have prepared this Report for use by the SSTOC based on for the fiscal year ending June 30, 2022. This report is intended to incorporate schedules from the June 30, 2022 Annual Comprehensive Financial Report dated December 19, 2022.
Background
The four measures to be reviewed by the SSTOC include:
• 2014 General Obligation Bond ($20 Million Authorization) NO REVIEW REQUIRED – ALL FUNDS EXPENDED AS OF JUNE 30, 2019 (Report Includes historical information) Approved by more than two-thirds of the voters at an election June 3, 2014. $10 million of the bonds were issued as Series A in March 2015 and $10 million of the bonds were issued as Series B in April 2017;
• 2016 General Obligation Bond ($25 million Authorization) NO REVIEW REQUIRED – ALL FUNDS EXPENDED JUNE 30, 2021 (Report Includes historical information) Approved by more than two-thirds the voters at an election June 7, 2016. $25 million in bonds were issued as Series A in April 2017;
• Measure L a General Fund Add-on Sales Tax (additional one-half cent or 0.5 percent).
Approved by more than 50% of the voters at an election November 6, 2012. The tax is a General Tax. As originally approved by the voters it was scheduled to terminate after 10 years. The tax was first collected by the State in April 2013. In November 2020, the voters approved Measure R which terminated the collection of Measure L funds as of March 31, 2021 and Measure R began to be collected April 1, 2021; • Measure R a General Fund Add-on Sales Tax (additional one cent or 1.0 percent).
Approved by more than 50% of the voters at an election November 10, 2020. The tax is a General Tax. It is scheduled to terminate after 20 years. The approval of this tax replaced the Measure L tax which was collected at a lower rate. The tax was first collected on April 1, 2021.
31 H.1.a
Packet Pg. 96
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Supplemental Sales Tax Oversight Commission
Annual Financial Background
For The Fiscal Year Ending June 30, 2022
Annual Audit
The City obtains an independent annual audit of its financial statements and completes an Annual Comprehensive Financial Report (ACFR). The City Council has selected Maze & Associates as its independent auditors. In April, the Auditors conducted preliminary review and internal control testing for the Annual City Audit. Additional audit work is then undertaken in October and November.
For the fiscal year ending June 30, 2022, Maze and Associates has issued a “clean” opinion.
This states that based on their independent review and testing, the financial statements are fairly presented in all material respects. The Auditors opinion covers the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information presented in the ACFR. This is the highest opinion an agency can receive. The Auditors Opinion is included on page one of the ACFR.
The ACFR was issued on December 19, 2022 and presented to the City Council at a public meeting on January 10, 2023.
Voter Approved Taxes Reporting – Separate Funds
The City of Orinda, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. As of June 30, 2022 all funds in the 2014 Bond fund were expended and therefore, there is no current year information to report. This fund has been closed since June 30, 2019.
For Fiscal Year 2020-2021, the 2016 Capital Project Bond fund is reported in the ACFR as a Major Fund for the final time, as all monies were expended as of June 30, 2021, and therefore, there is no current year information to report. This fund has been closed since June 30, 2021.
Because the Add-On Sales Tax are a general tax for the Government-wide Financial Statements the related activities are consolidated with the General Fund. The City Council appropriates these funds for high priority initiatives identified as part of the dialogue with the community when the measures were presented to the voters. The City includes additional schedules in the ACFR (pages 87-92) that differentiate separately the activities in the General Fund between:
• Measure L Add-On Sales Tax (1/2 Cent) Fund #105
• Measure R Add-On Sales Tax (1 cent) Fund # 106; and
• General Purpose – General Fund Fund #100
The ACFR schedules provide a high level overview of the separate funds used to account for the individual measures. Excerpts from the ACFR have been included at the end of this report as Attachment B.
The complete ACFR can be viewed on the City website at:
https://www.cityoforinda.org/436/Most-Recent-Audited-Financial-Statements 32 H.1.a
Packet Pg. 97
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Supplemental Sales Tax Oversight Commission
Annual Financial Background
For The Fiscal Year Ending June 30, 2022
Narrative Summary Related To Voter Approved Funds
The ACFR provides a high level summary of the activity within the funds. The information in this report provides additional detail and a narrative discussion of the Fiscal Year 2021-2022 activity.
Fund 105 Measure L – Add-On Sales Tax (1/2 Cent)
The Measure L Add-On Sales Tax was collected for sales through March 31, 2021 in the amount of $131,928. There was approximately $650,000 in expenditures. The unexpended balance as of June 30, 2022 was $3,127,429. The balance is programmed as part of the Capital Improvement Program for future street related projects.
The revenue included approximately $109,000 in sales tax which had been deferred under the State’s emergency deferral option program due to the Pandemic and remitted to the City during fiscal year 2021-2022; approximately $23,000 in interest; and no Project Reimbursements from utilities agreements. Typically under agreements with East Bay Municipal Utility District and 33 H.1.a
Packet Pg. 98
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Supplemental Sales Tax Oversight Commission
Annual Financial Background
For The Fiscal Year Ending June 30, 2022
Central Contra Costa County Sanitary District, the City will have its contractor raise utility facilities impacted by the paving, and the utilities pay the City for the work completed at the bid price. The expenditure for the utility work occurred within this fund and therefore, the reimbursement payment is recorded as revenue in the same fund.
As shown above, the expenditures made from the fund were related to five projects (the largest expense was the 2021 Annual Paving Project).
Fund 106 Measure R – Add-On Sales Tax (1 Cent)
The Measure R Add-On Sales Tax began being collected in April 1, 2021. For the Fiscal Year the fund reported sales tax revenue of approximately $3,671,575 and Interest revenue of $11,185. There was approximately $923,000 in expenditures including items classified as capital projects. The unexpended balance as of June 30, 2022 was $3,347,112. Any remaining balance is available for City Council appropriation in the future.
As shown above, there were two projects with expenditures, the largest being the purchase of the Chipper and Truck for approximately $171,000.
34 H.1.a
Packet Pg. 99
Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Supplemental Sales Tax Oversight Commission
Annual Financial Background
For The Fiscal Year Ending June 30, 2022
Historical Financial Information
Although the focus of an annual report is the financial activity for a specific year, it is also appropriate to report from a historical perspective on the activities since the original approval of these measures. The focus of the charts below will be on the bonds and Measure L which had common expenditures for streets roads, and drainage. The City has received funding in excess of $61.7 million since 2012-2013 which includes bond proceeds, tax revenue, reimbursements and interest earned. As of June 30, 2022 approximately $55.2 million has been expended. The following charts provide a high level summary of the voter approved revenue and expenditures for the four funds combined, since 2012-2013.
The two largest contribution towards the historical program revenue since 2013 are General Obligation Bonds $45 million (73%) and Sales Tax $13.9 million (22%). The following chart summarizes the cumulative historical revenue.
35 H.1.a
Packet Pg. 100 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Supplemental Sales Tax Oversight Commission
Annual Financial Background
For The Fiscal Year Ending June 30, 2022
The cumulative expenditures made from the voter approved funds since 2013 have been primarily in the form of Construction / Improvement contract work which represent 88% of the expenditures. The contract design and project management services have been 10% of the total cumulative expenditures. The following chart summarizes the cumulative historical expenditures for the three voter approved funds.
Additional schedules are included in Attachment A which provide historical summary financial information.
Excerpts for the City’s audited ACFR are attached for reference as Attachment B. 36 H.1.a
Packet Pg. 101 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report)
CITY OF ORINDA
CONSOLIDATED REPORT - 4 VOTER APPROVED FUNDS COMBINED
MEASURE R ADD-ON SALES TAX (Fund #106)
MEASURE L ADD-ON SALES TAX (Fund #105)
GO BOND 2016 (Fund #741)GO BOND 2014 (Fund #740)
HISTORICAL SUMMARY OF REVENUE, EXPENDITURES (BY TYPE)
(Fiscal Year 2012-2013 - 2020-2021)
FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY2021-22 Total Sales Tax Revenue 72,564 $ 1,080,304 $ 1,027,601 $ 1,015,785 $ 1,077,214 $ 1,194,287 $ 1,237,625 $ 1,383,889 $ 2,022,372 $ 3,780,497 $ 13,892,138 $ Bond Proceeds - - 10,000,000 - 35,000,000 - - - - 45,000,000Interest Revenue 12 1,941 17,153 50,829 82,623 555,232 322,106 166,388 43,919 34,191 1,274,394 Miscellaneous / Reimbursements - 36,400 14,000 - 263,327 256,967 372,727 509,245 114,650 1,567,316 TOTAL VOTER APPROVED FUNDS 72,576 $ 1,118,645 $ 11,058,754 $ 1,066,614 $ 36,423,164 $ 2,006,486 $ 1,932,458 $ 2,059,522 $ 2,180,941 $ 3,814,688 $ 61,733,848 $ EXPENDITURES Total Salaries & Benefits $ - $ - $ - $ - $ 67,918 $ 161,434 $ 176,976 $ 187,204 $ 104,965 $ 105,431 $ 698,497 General Supplies
Misc. Services / Notices / Supplies
- - - - - - 118 - 171,129 171,247
Permit Fees 50 3,929 1,309 254 5,542
Attorney - City General - - - - - - - - 35,780 21,904 57,684 Legal Notices - 456 25 3,452 - 999 1,287 50 - 3,098 9,367 Total Miscellaneous Costs - 456 25 3,452 - 999 1,455 3,979 37,089 196,385 243,840 Design Contracts
Design / Project Management
- - 170,579 392,891 461,327 832,413 382,677 104,337 75,618 81,726 2,501,568 Project/Construction Manager - - 28,394 275,525 481,925 374,886 450,976 478,363 429,821 175,155 2,695,045 Professional Services 2,928 50,475 21,030 2,220 34,384 8,100 2,366 29,098 35,070 185,537 371,208 Total Design / Project Mgt 2,928 50,475 220,003 670,636 977,636 1,215,399 836,019 611,798 540,509 442,418 5,567,821 Construction Costs
Construction / Improvements
- - 660,557 5,277,506 7,021,948 8,239,392 12,113,217 9,725,422 4,025,243 383,825 47,447,110 Sealing Roads / Slurry - - - - - - - 552,577 - 552,577
Signal Maintenance - - - - - - 6,776 - - 6,776Drainage - - - - - 14,803 - - - 14,803Pavement Shoulder Repair - - - - - 12,201 - - - 12,201Hazard Reduction-Fire Break - - - - - - - - 109,527 143,787 253,314 Tree Trimming - - - - - - - - 55,200 301,736 356,936
Total Construction - - 660,557 5,277,506 7,021,948 8,266,396 12,119,993 10,277,999 4,189,970 829,348 48,643,717 TOTAL EXPENDITURES 2,928 $ 50,931 $ 880,585 $ 5,951,594 $ 8,067,502 $ 9,644,228 $ 13,134,443 $ 11,080,980 $ 4,872,533 $ 1,573,582 $ 55,153,875 $ Exhibit A
37 H.1.a
Packet Pg. 102 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report)
CITY OF ORINDA, CALIFORNIA
COMBINING FUNDS
FISCAL YEAR ENDED JUNE 30, 2022
Fund Description
The General Fund is the City’s primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The General Fund is comprised of the following:
General Purpose Accounts for most discretionary resources except those that require separate accounting
for local, state or federal reporting and
accountability purposes. Primary sources of
General Purpose Fund revenue include
property tax, sales tax, franchise fees, parks
and recreation fees, as well as transfers in
from other funds for eligible uses.
Add-On Sales Tax (Measure L) Accounts for all revenue received from Measure L which was approved by the voters
in November 2012 and collected between
April 1, 2013 – March 31, 2021. This measure
provided a local ½ cent add-on sales tax.
Expenses are appropriated separately as part
of the City Council adoption of the Budget.
Add-On Sales Tax (Measure R) Accounts for all revenue received from Measure R which was approved by the voters
in November 2020 and collected beginning
April 1, 2021. The tax has a 20 year sunset
(March 31, 2041). This measure replaced the
tax levied under Measure L and consists of a
local 1 cent add-on sales tax. Expenses are
appropriated separately as part of the City
Council adoption of the Budget.
Exhibit B
38 H.1.a
Packet Pg. 103 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) General Add - On Sales Add - On Sales
Purpose Tax (Measure L) Tax (Measure R) Total
Cash, cash equivalents and investments $13,853,918 $3,578,768 $2,674,739 $20,107,425 Accounts receivable 1,080,142 3,963 688,956 1,773,061
Accrued interest receivable 61,119 2,492 1,709 65,320
Prepaid items and deposits 487,298 487,298
Due from other funds 386,421 386,421
Total assets $15,868,898 $3,585,223 $3,365,404 $22,819,525 Accounts payable and accrued liabilities $1,200,983 $457,794 $18,292 $1,677,069 Other current liabilities 364,998 364,998
Unearned revenue 30,000 30,000
Planning and engineering deposits 2,334,383 2,334,383
Total liabilities 3,930,364 457,794 18,292 4,406,450
Fund balances:
Nonspendable 487,298 487,298
Assigned 449,143 3,127,429 3,347,112 6,923,684
Unassigned 11,002,093 11,002,093
Total fund balances 11,938,534 3,127,429 3,347,112 18,413,075 Total liabilities and fund balance $15,868,898 $3,585,223 $3,365,404 $22,819,525
CITY OF ORINDA
Combining Balance Sheet
ASSETS
LIABILITIES AND FUND BALANCES
General Fund
June 30, 2022
Exhibit B
39 H.1.a
Packet Pg. 104 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) General Add - On Sales Add - On Sales
Purpose Tax (Measure L) Tax (Measure R) Total
Revenues
Taxes
Property tax and assessments $8,712,136 $8,712,136
Sales tax 1,407,977 $108,922 $3,671,575 5,188,474
Franchise tax 1,198,111 1,198,111
Transient Occupancy Tax 42,920 42,920
Property transfer tax 488,348 488,348
Use of money and properties (631,046) 23,006 11,185 (596,855) Service fees
Business license registration 18,830 18,830
Vehicle fees and parking fines 40,779 40,779
Building inspection 768,218 768,218
Parks and recreation 2,206,073 2,206,073
Planning 292,918 292,918
Public works and engineering 155,396 155,396
Police 5,336 5,336
Other agencies
Federal
Homeowners tax reimbursement 32,125 32,125
Vehicle abatement 2,272 2,272
Miscellaneous 426,416 426,416
Total Revenues 15,166,809 131,928 3,682,760 18,981,497
Expenditures
Current:
City management 450,901 283,384 734,285
City attorney 463,257 4,393 467,650
City clerk 318,470 318,470
Administrative services 1,199,194 2,324 1,201,518
Parks and recreation 3,307,717 258,562 3,566,279
Public works and engineering 2,078,768 203,204 2,281,972 Police services 4,439,572 4,439,572
Planning 1,266,998 1,266,998
Library operations 55,067 55,067
Capital outlay 53,965 650,586 704,551
Debt Service:
Interest 225,619 225,619
Principal payments on bonds 335,000 335,000
Total Expenditures 14,194,528 650,586 751,867 15,596,981 Excess (deficiency) of revenues over expenditures 972,281 (518,658) 2,930,893 3,384,516 Other financing sources (uses):
Transfers in 2,695 2,695
Transfers out (58,363) (171,129) (229,492)
Total other financing sources (uses) (55,668) (171,129) (226,797) Net changes in fund balance 916,613 (518,658) 2,759,764 3,157,719 Fund balance - beginning of year 11,021,921 3,646,087 587,348 15,255,356 Fund balance - end of year $11,938,534 $3,127,429 $3,347,112 $18,413,075
CITY OF ORINDA
Combining Schedule of Revenues, Expenditures and Changes in Fund Balance General Fund
For the year ended June 30, 2022
Exhibit B
40 H.1.a
Packet Pg. 105 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report)
CITY OF ORINDA
Combining Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget to Actual General Fund
For the year ended June 30, 2022
Original Amended
Budget Budget Actual Variance
Revenues
Taxes
Property tax and assessments $6,115,000 $6,115,000 $6,205,065 $90,065 Property tax in lieu of VLF 2,480,000 2,525,000 2,507,071 (17,929) Sales tax 1,090,000 1,215,000 1,407,977 192,977
Franchise tax 1,190,000 1,190,000 1,198,111 8,111
Transient Occupancy Tax 75,000 75,000 42,920 (32,080)
Property transfer tax 300,000 400,000 488,348 88,348
Rent and interest 204,920 204,920 (631,046) (835,966)
Service fees
Business License Registration 17,920 17,920 18,830 910
Vehicle and parking fines 85,000 45,000 40,779 (4,221)
Building inspection 600,000 600,000 768,218 168,218
Parks and recreation 1,717,000 1,717,000 2,206,073 489,073 Planning 400,000 400,000 292,918 (107,082)
Public works and engineering 200,000 200,000 155,396 (44,604) Police 13,000 13,000 5,336 (7,664)
Other agencies
Federal
Homeowners tax reimbursement 31,850 31,850 32,125 275
Vehicle abatement 8,000 8,000 2,272 (5,728)
Miscellaneous 339,100 407,600 426,416 18,816
Total revenues 14,866,790 15,165,290 15,166,809 1,519
Expenditures
Current:
City management 528,302 528,302 450,901 77,401
City attorney 635,000 635,000 463,257 171,743
City clerk 332,283 332,283 318,470 13,813
Finance/ administrative services 1,239,594 1,310,094 1,199,194 110,900 Police services 5,033,288 5,040,288 4,439,572 600,716
Public works/ engineering 2,198,853 2,317,853 2,078,768 239,085 Parks and recreation 3,145,675 3,245,675 3,307,717 (62,042) Planning 1,359,282 1,429,187 1,266,998 162,189
Library operations 37,875 37,875 55,067 (17,192)
Capital outlay 53,965 (53,965)
Debt service:
Interest 225,619 225,619 225,619
Principal payments on bonds 335,000 335,000 335,000
Total expenditures 15,070,771 15,437,176 14,194,528 1,242,648 Excess (deficiency) of revenues over expenditures (203,981) (271,886) 972,281 1,244,167 Other financing sources (uses)
Transfers in 16,850 16,850 2,695 (14,155)
Transfers out (44,088) (44,088) (58,363) (14,275)
Total Other Financing Sources (Uses) (27,238) (27,238) (55,668) (28,430) Net changes in fund balance ($231,219) ($299,124) 916,613 $1,215,737 Fund balance - beginning of year 11,021,921
Fund balance - end of year $11,938,534
General Purpose
Exhibit B
41 H.1.a
Packet Pg. 106 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Original Amended Original Amended
Budget Budget Actual Variance Budget Budget Actual Variance $108,922 $108,922 $2,850,000 $2,850,000 $3,671,575 $821,575 $5,000 $5,000 23,006 18,006 3,300 3,300 11,185 7,885
5,000 5,000 131,928 126,928 2,853,300 2,853,300 3,682,760 829,460 361,375 441,375 283,384 157,991
5,000 5,000 4,393 607
4,000 4,000 2,324 1,676
35,000 35,000 35,000
459,710 641,210 203,204 438,006
200,000 200,000 258,562 (58,562)
2,537,000 2,657,000 650,586 2,006,414
2,537,000 2,657,000 650,586 2,006,414 1,065,085 1,326,585 751,867 574,718 (2,532,000) (2,652,000) (518,658) 2,133,342 1,788,215 1,526,715 2,930,893 1,404,178 (171,129) (171,129)
(171,129) (171,129)
($2,532,000) ($2,652,000) (518,658) $2,133,342 $1,788,215 $1,526,715 2,759,764 $1,233,049 3,646,087 587,348
$3,127,429 $3,347,112
Add - On Sales Tax (Measure L) Add - On Sales Tax (Measure R) Exhibit B
42 H.1.a
Packet Pg. 107 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report)
CITY OF ORINDA
Combining Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget to Actual General Fund
For the year ended June 30, 2022
Total
Original Amended
Budget Budget Actual Variance
Revenues
Taxes
Property tax and assessments $6,115,000 $6,115,000 $6,205,065 $90,065 Property tax in lieu of VLF 2,480,000 2,525,000 2,507,071 (17,929) Sales tax 3,940,000 4,065,000 5,188,474 1,123,474
Franchise tax 1,190,000 1,190,000 1,198,111 8,111
Transient Occupancy Tax 75,000 75,000 42,920 (32,080)
Property transfer tax 300,000 400,000 488,348 88,348
Rent and interest 213,220 213,220 (596,855) (810,075)
Service fees
Business License Registration 17,920 17,920 18,830 910
Vehicle and parking fines 85,000 45,000 40,779 (4,221)
Building inspection 600,000 600,000 768,218 168,218
Parks and recreation 1,717,000 1,717,000 2,206,073 489,073 Planning 400,000 400,000 292,918 (107,082)
Public works and engineering 200,000 200,000 155,396 (44,604) Police 13,000 13,000 5,336 (7,664)
Other agencies
Federal
Homeowners tax reimbursement 31,850 31,850 32,125 275
Vehicle abatement 8,000 8,000 2,272 (5,728)
Miscellaneous 339,100 407,600 426,416 18,816
Total revenues 17,725,090 18,023,590 18,981,497 957,907 Expenditures
Current:
City management 889,677 969,677 734,285 235,392
City attorney 640,000 640,000 467,650 172,350
City clerk 332,283 332,283 318,470 13,813
Finance/ administrative services 1,243,594 1,314,094 1,201,518 112,576 Police services 5,233,288 5,240,288 4,439,572 800,716
Public works/ engineering 2,658,563 2,959,063 2,281,972 677,091 Parks and recreation 3,180,675 3,280,675 3,566,279 (285,604) Planning 1,359,282 1,429,187 1,266,998 162,189
Library operations 37,875 37,875 55,067 (17,192)
Capital outlay 2,537,000 2,657,000 704,551 1,952,449
Debt service:
Interest 225,619 225,619 225,619
Principal payments on bonds 335,000 335,000 335,000
Total expenditures 18,672,856 19,420,761 15,596,981 3,823,780 Excess (deficiency) of revenues over expenditures (947,766) (1,397,171) 3,384,516 4,781,687 Other financing sources (uses)
Transfers in 16,850 16,850 2,695 (14,155)
Transfers out (44,088) (44,088) (229,492) (185,404)
Total Other Financing Sources (Uses) (27,238) (27,238) (226,797) (199,559) Net changes in fund balance ($975,004) ($1,424,409) 3,157,719 $4,582,128 Fund balance - beginning of year 15,255,356
Fund balance - end of year $18,413,075
Exhibit B
43 H.1.a
Packet Pg. 108 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Appendix B
Supplemental Sales Tax Oversight Commission
Staff Report
December 14, 2022
Quarter 1 Measure R Revenue And Expense
July 2022 - September 2022
Fiscal Year 2022-2023
44 H.1.a
Packet Pg. 109 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Supplemental Sales Tax
Oversight Commission
Staff Report
Agenda Item: G.2
Date: December 14, 2022
Department: Finance
45 H.1.a
Packet Pg. 110 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) 46 H.1.a
Packet Pg. 111 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) 47 H.1.a
Packet Pg. 112 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) 48 H.1.a
Packet Pg. 113 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) 49 H.1.a
Packet Pg. 114 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Appendix C
Summary of Road Repair Plans
As a part of the City's Pavement Management Program, Orinda hires an outside engineering firm to prepare an assessment of pavement conditions on all city-maintained roads. The results of these assessments are reported in a Pavement Management Technical Assistance Program (P-TAP) Report.
The report includes assessments of pavement conditions for the city's roads, as well as projected repair and maintenance costs. Reports are typically released every two years, on the odd-numbered years.
The most recent P-TAP report is P-TAP 21, dated February 2021. This report indicates that Orinda's roads are in very good condition overall, with an average Pavement Condition Index (PCI) of 85 - among the best in the Bay Area. The analysis shows that 88.14% of the City's pavement is in the Good to Excellent condition. Residential streets are in the best condition, with an average PCI of 90.
The Collector streets have an average PCI of 69, and the Arterial streets have an average PCI of 77.
The table below gives some insight into the meaning of the various PCI ratings.
All of the City’s public residential roads that were in poor condition before starting the recent repairs program have been repaired as of November 2022. It is anticipated that the City’s arterial and collector roads will be repaired (to a good or “very good” category) by the end of 2023, with the exception of Happy Valley Rd, for which some repairs have not yet been scheduled.
This report concludes that, to maintain the system at its current overall PCI of 85, the City will need to spend an average of $2.7 million annually over the next 5 years. We can choose to defer repairs, but ample data shows that deferring repairs is very likely to increase the overall long-term pavement maintenance costs.
For additional information, please refer to the City’s Road and Drainage Repairs Plan (December 17, 2019). This Plan has been utilized for the roadway paving restoration work (and the underlying storm drain pipes) which the above-mentioned Bond and Incremental Sales Tax measures have funded. The restoration work consisted of full depth reclamation, dig outs, mill and fill (and/or “overlay”) paving and surface treatments (microsurfacing and slurry seal). Now that the work 50 H.1.a
Packet Pg. 115 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) outlined in the Plan has, for the most part, been completed, in order to maintain the roadways in good condition, ongoing “routine” paving work is required. This ongoing maintenance work is accomplished through an annual CIP paving project, with street selection primarily based on a pavement management computer-based program ("StreetSaver").
The table below summarizes the planned road maintenance projects for the next three fiscal years, by funding source. Note that no measure R funds are presently planned for use on road maintenance or repairs in this time frame.
200 Gas Tax 23/24 24/25 25/26
2023 Annual Pavement Project 610,000
2024 Annual Pavement Project 620,000 600,000
2025 Annual Pavement Project
610,000 620,000 600,000
330 CCTA Return to Source (Local Share)
2023 Annual Pavement Project 863,000
2024 Annual Pavement Project 400,000
2025 Annual Pavement Project 500,000
863,000 400,000 500,000
335 Road Maint Fee (Solid Waste Provider
2023 Annual Paving Project 317,000
2024 Annual Paving Project 225,000 755,000
2025 Annual Paving Project 200,000 550,000
2026 Annual Paving Project 225,000
542,000 955,000 775,000
514 Stormwater Utility Assessment
Green Infrastructure Prog. for Pvmnt Projects 30,000 30,000 2021 Annual Pavement Project
30,000 30,000 -
700 Capital Improvement (General)
700 Capital Improvement (General) 125,000 105,000 85,000 Drainage Impvt 25 La Cuesta
125,000 105,000 85,000
Overall Totals 2,170,000 2,110,000 1,960,000
51 H.1.a
Packet Pg. 116 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Appendix D
Summary of Storm Drain Repair Plans
In January 2017, the failure of a corrugated metal pipe culvert under Miner Road caused a sinkhole, which resulted in the closure of a section of Miner Rd. for several months. Prompted by this incident, the City initiated an assessment of storm drain pipes, with the highest priority being the larger diameter pipes. An engineering firm was retained to perform field inspections, create a prioritization algorithm, and estimate repair/replacement costs. Results of the study were summarized in the 2019 Storm Drain Repair Plan.
In conjunction with this work, the City used ESRI’s ArcGIS (Geographic Information System) to compile a geodatabase that maps the storm drain pipe locations, shows the size, material and inspection history. This has allowed a reliable way to manage and update the storm drain facility records. The GIS tools also allow tabulation of various pipe data to aid analysis and estimates of repair work.
The 2019 Storm Drain Repair Plan showed that roughly $30 million would be needed to repair or replace public storm-drain pipes that are likely to fail over the subsequent 10 years. Of that estimate, approximately $9.6 million was estimated to be needed over the near term (defined as three to five years in the 2019 Storm Drain Repair Plan) to perform selected CCTV inspections and to repair or replace the storm-drain pipes found to have the highest risk of failure (“Category A”). The Category A pipes have been organized into groups of projects and budgeted in the CIP, with the highest priority projects underway or planned in the near future. See Table C-1 Also related to the storm drain pipe repair program is the San Pablo Creek Culvert Repair (CIP Project #4187) which is funded for $4.2 million to repair this 1,300 lineal feet double box concrete culvert that runs parallel to Camino Pablo in the Orinda Village District.
Table C-1 is the list of Category A storm drain pipes - that is, the highest priority pipes, considered to require repairs by approximately 2024. Replacement of these pipes was originally estimated to cost approximately $10 Million overall. As can be seen in the list, several of the Category A pipes have already been replaced, and others are included in identified repair/replacement projects.
Also related to the storm drain pipe repair program is the San Pablo Creek Culvert Repair (CIP Project #4187), to repair this 1,300 lineal feet double box concrete culvert that runs parallel to Camino Pablo in the Orinda Village District. The project is estimated to cost $4.2 million and is planned to be funded from Measure R in the 2023 - 2026 time frame.
52 H.1.a
Packet Pg. 117 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) NOTE: Following long-term City policy, staff will continue to actively pursue alternate funding sources for all capital projects.
53 H.1.a
Packet Pg. 118 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) Table C-1: Category A pipes
CIP project
Number Pipe # Location
Project
cost/budget
Construction
year
Status as of
12/13/2022
Measure
R fundng
4150 PL-452 207 Moraga
Way $50,000 20/21 complete
4094 PL-891 53 Ivy Dr $140,000 2023 ready to bid
4162 PL-1456 216 Camino
Sobrante $205,000 19/20 complete
PL-483 548 Miner Rd
PL-1206 265 Camino
Pablo
PL-440 548 Miner Rd
4167 PL-927 95 Coral Dr $967,000 23/24 in permitting/
design
PL-454 188 Moraga
Way
3100 PL-492 15 Rheem Blvd $1,200,000 in permitting/
design $1,000,000
3101 PL-513 123 Orchard
Rd $1,250,000 23/24 in permitting/design $1,000,000
PL-409 4 Orchard Rd
3102 PL-864 2 Dos Encinas $1,300,000 23/24 in permitting/ design $1,000,000
PL-958 232 Ivy Dr
PL-959 232 Ivy Dr
3103 PL-1765 199 Canon Dr $1,600,000 24/25 programmed
in CIP $1,600,000
PL-1766 199 Canon Dr
PL-1775 8 Alta Vista
3104 PL-1074 10 Ranch Rd $1,100,000 24/25 programmed
in CIP $1,100,000
PL-1089 Bear Creek Rd
PL-1809 70 Van Tassel
Ln
3105 PL-751 38 Lost Valley
Dr $1,100,000 24/25 programmed in CIP $1,100,000
PL-580 295 Orchard
Rd
PL-437 58 Brookside
Rd
PL-867 El Camino
Moraga
Subtotal $8,912,000 $6,800,000
Contingency,
15% $1,336,800
TOTAL
(Rounded) $10,000,000
54 H.1.a
Packet Pg. 119 Attachment: SSTOC 2022 Annual Report (3033 : SSTOC Annual Report) City Council
Staff Report
Agenda Item: H.2
Date: February 21, 2023
Department: Administration
AGENDA TITLE: Discussion and Direction Regarding Options and Policies for Future In-Person and Hybrid Meetings of the City’s Brown Act Bodies RECOMMENDATION:
Staff recommends the Council discuss the full range of options and policies for future meetings of the City’s Brown Act bodies (in-person and hybrid). Staff also recommends the Council ask any questions they may have regarding the Brown Act’s teleconference rules (as amended by AB 2449) and discuss their use and implications.
BACKGROUND:
In March, 2020, in response to the COVID-19 Pandemic, the City’s Brown Act Bodies began meeting via Zoom/teleconference only to provide for safely conducting City business.
Prior to COVID, the meetings were held in person in various City rooms and locations.
Only the City Council and Planning Commission meetings were live-streamed.
Members of the City Council infrequently attended meetings via a telephonic device, as permitted under the Brown Act.
Effective February 28, 2023, the Governor has indicated that the COVID State of Emergency will end and therefore the ability to meet by teleconference only will also end.
At their City Council Meeting of January 17, 2023, the Council began their discussions of returning to in-person meetings in alignment with the end of the State of Emergency.
On February 7, 2023, the City Council extended authorization for continued use of remote teleconferencing to February 24, 2023, under Resolution No. 42-21, in anticipation of a return to in-person meetings beginning with the Council’s February 25 strategic planning workshop. On February 21, 2023, the City will consider terminating the City’s own declared COVID State of Emergency.
DISCUSSION:
With the end of the State and local COVID emergencies, and the inability to continue fully remote meetings, the City’s Brown Act bodies will return to in-person meetings effective February 25, 2023.
Given timing, technology constraints, and staffing needs, for an initial period, meetings will return to an in-person format only as we shared with the City Council in January.
Initially, the Council and Planning Commission would return to the pre-COVID meeting approach (in-person in the Library Auditorium with real-time video webcast and no H.2
Packet Pg. 120
virtual participation option for the public). The City Council did indicate that staff should explore opportunities to offer a hybrid format and we have continued to do so. The City Clerk and other staff have been reviewing a number of technologies, including testing some, consulting with other agencies, and evaluating options. The purpose of this staff report is to update the City Council and narrow the options in order for staff to advance a hybrid option for implementation sooner rather than later as a pilot project if that is the desire of the City Council.
There are several options to consider and decisions to be made. The first is whether to provide the option of teleconferencing in addition to the in-person meeting and if so when that option should begin. Other things to discuss are which bodies to provide a teleconference option, if any, in-person COVID protocols, and whether Council or other bodies should be given the option to take advantage of AB 2449 teleconferencing flexibility. Please see attached detailed analysis provided by the City Attorney.
Staff’s suggestions to guide the Council’s discussion:
1. Public attendance via Zoom at Council meetings: Does the Council want to incur the additional expense involved in providing members of the public with the option to attend and participate in Council meetings virtually (via Zoom) in the future?
a. If yes, Staff will work to provide a means to continue using the Zoom webinar format, with Council and staff generally appearing in-person from a single location and the public having the option to attend in person or via Zoom.
b. If yes, what should the in-person venue be (Library Auditorium or Sarge)? The Fire District has successfully trialed hybrid meeting capability in the Sarge Room and that model would be the easiest to implement on a pilot basis for the City. As such, staff would recommend an initial transition to the Sarge Room for City Council once the technology and other resources are available. In the event of an agenda topic for which we would anticipate a larger level of public participation in-person, we could move select Council meetings to the Library Auditorium with live stream, but no hybrid format/Zoom option.
2. Public attendance via Zoom at other meetings: Does the Council want to incur the additional expense involved in providing members of the public with the option to attend and participate in other City Brown Act meetings (there are approximately 30 Brown Act bodies) virtually (via Zoom)? a. If yes, which City meetings should be covered (e.g., all/some commission meetings, all/some Council subcommittee meetings, etc.) b. If no, would the Council like to return to the pre-COVID meeting approach (in-person meetings, real-time video webcast for Planning Commission only and no virtual participation option for the public)? H.2
Packet Pg. 121
As part of any pilot, initially, staff recommends that only Planning Commission meetings be transitioned to a hybrid format, once available, and in the Sarge Room. If a high level of public participation in-person is expected at a Planning Commission meeting, it would move to the Library Auditorium with a live stream, but no hybrid format/Zoom option. Offering the hybrid option for only Planning Commission meetings at this time would allow for the further evaluation of the ability and costs to add other select bodies to the hybrid option over time.
3. Public health measures for in-person meetings: What (if any) public health measures should apply for attendees at in-person meetings (e.g., social distancing, masking, voluntary sign-in sheet). Note: The City Manager would decide whether members of staff and consultants would be allowed to attend virtually, to the extent Zoom participation is possible.
Staff recommends that voluntary masking and sign-in be encouraged but not required.
4. Council attendance via Zoom per AB 2449: If the Council decides (see question 1) to incur the additional expense involved in providing members of the public with the option to attend Council meetings virtually, do Council members anticipate attending via Zoom per the flexibility allowed under AB 2449? a. If yes, Staff will develop systems and procedures to address the associated complexities.
b. If no, should staff bring forward an update to the Council’s Policies & Procedures Manual to discourage/prohibit Council member teleconference attendance under AB 2449?
Staff does not recommend that Council use the option of attending by teleconference at this time, due to logistics and time involved in tracking, etc. This could be revisited in the future.
5. Appointed officials’ attendance via Zoom per AB 2449: To the extent the Council decides (see question 2) to incur the additional expense involved in providing members of the public with the option to attend other City Brown Act meetings virtually, should the appointed members of those Brown Act bodies be allowed to attend meetings via Zoom to the extent allowed under the Brown Act (as amended by AB 2449)?
a. If Council decides yes, Staff will develop systems and procedures to address the associated complexities.
b. If the Council decides no, we will return to the Council with a policy statement or other vehicle to prohibit teleconference attendance for other Brown Act bodies.
Staff does not recommend that Council use the option of attending by teleconference at this time, due to logistics and time involved in tracking, etc. This could be revisited in the future.
H.2
Packet Pg. 122
NEXT STEPS:
Once staff receives Council direction, they will begin to implement whatever is decided.
FISCAL IMPACT:
If hybrid options are desired, there will be hourly costs for staff/consultants to set up and monitor the hybrid systems. The staff has discussed with outside consultants who provide these services and are awaiting more refined estimates and/or hourly costs.
However, at minimum, it is estimated that the on-going cost per meeting of the City Council and Planning Commission for this assistance will be up to $600 per meeting or up to $28,000 a year for City Council and Planning Commission meetings only. In addition, there will be some cost to secure and install equipment and make other modifications to accommodate a hybrid format.
ATTACHMENTS:
A. AB 2449 (teleconferencing)
Respectfully Submitted by:
David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:
H.2
Packet Pg. 123
AB 2448/Teleconferencing Rules
Effective January 1, 2023, Assembly Bill 2449 (“AB 2449”) amends and supplements Government Code section 54953 of the Ralph M. Brown Act in a way that provides some additional flexibility for Council members and other officials to participate in meetings via teleconference, but also involves substantial complexity and some uncertainty. This item has been placed on the agenda to update the Council about this new law and to provide an opportunity for the Council to discuss, ask questions, and provide any direction regarding how AB 2449 may be relevant to Council meetings.
The Key Brown Act teleconference provisions (as amended by AB2449) are provided/highlighted in Attachment 1.
What are the options if a Council member wants or needs to teleconference? With the changes to the Brown Act under AB 2449, there are currently three distinct possible options for a member to participate in meetings virtually:
1. “The Usual” option under Section 54953(b): This is the teleconferencing option that has historically been available; it requires the Council member to post a hard copy of the agenda at their remote location and allow the public to physically attend the meeting at that location (e.g., home, office, or hotel room). This option does not have a sunset; it is planned to still be available after 2025.
2. “The Covid Emergency” option under Section 54953(e): This approach has been used by all Council members during the Covid emergency and involved making certain monthly findings (sometimes called “AB 361 findings”) regarding the state of emergency and its impact on the ability to safely meet, and/or the continued imposition or recommendation of measures to promote social distancing. This option is not likely to be relevant after February 24, 2023 because the Council has stopped making AB 361 findings as of that date. This option is currently scheduled to sunset from the Brown Act at the end of 2023.
3. “The Just Cause or Personal Emergency” option under Section 54953(f): This is a new option added to the Brown Act by AB 2449. It provides two distinct bases for a Council member to attend virtually: (i) for Just Cause, or (ii) for a Personal Emergency. The legislation provides somewhat complicated criteria that must be satisfied, procedures that must be implemented, and limitations on the number of times a member can rely on these bases. This option is scheduled to sunset at the end of 2025.
Each of these three options only applies in a unique set of circumstances and has unique procedural requirements that must be satisfied. Thus, if a Council member wants to attend H.2.a
Packet Pg. 124 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) virtually, it will be important to identify which option is applicable and ensure careful compliance with that option’s requirements. Below is a high-level summary of some key differences between the options; careful review of each option’s specific requirements is essential.
Options for Teleconferencing under the Brown Act
Usual Covid Emergency Just Cause or Personal
Emergency
Govt Code section Section 54953(b) Section 54953(e) Section 54953(f) until end of 2023;
renumbered Section
54953(e) for 2024 and
2025
Public must be
allowed to attend in
person at member’s
remote location?
Yes No No
Limit on # of members
who can use this
option at the same
time?
No, but at least a
quorum must
participate from
locations within the
City
No Yes, at least a quorum
must be present in
person at single
location open to the
public
Limit on # of times a
member can use the
option?
No No Yes
Member must use
both audio + visual
technology?
No, audio only is
acceptable
No, audio only is
acceptable
Yes (Zoom OK)
Required to provide a
physical meeting
location for public?
Yes, at regular meeting
location + at member’s
remote location
No Yes
Required to provide
call-in or internetbased broadcast for
public?
No Yes (Zoom OK) Yes (Zoom OK)
Action must stop if
broadcast for public
disrupted?
No, no express
requirement although
could choose to pause
until technology issue
resolved and may be
prudent to do so
Yes Yes
Planned to sunset? No Yes, sunsets at end of
2023
Yes, sunsets at end of
2025
H.2.a
Packet Pg. 125 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) How do the AB 2449 “Just Cause” and “Personal Emergency” provisions compare? Comparison of Just Cause and Personal Emergency Options Just Cause Personal Emergency
Timing Must notify at the earliest
opportunity possible (could
come at the start of the
meeting)
Must request approval as soon
as possible (could come at the
start of the meeting)
Approval of Council required? No Yes, must take formal action at a noticed public meeting
Limits on the circumstances
that qualify?
Yes, only 4 circumstances: (a)
caregiving for certain family
members, (b) contagious illness,
(c) a physical or mental
disability, and (d) travel while on
official business for the City or
another public agency
Yes, only a physical or family
medical emergency that
prevents a member from
attending in person
Limits on # of times it can be
asserted?
Yes, City will need tracking
system
Yes, City will need tracking
system
Attachment 1: Government Code 54953.
H.2.a
Packet Pg. 126 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) Attachment 1:
Government Code 54953.
(a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall. (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
H.2.a
Packet Pg. 127 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
H.2.a
Packet Pg. 128 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) (B) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
(iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
H.2.a
Packet Pg. 129 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) (ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i) A two-way audiovisual platform.
(ii) A two-way telephonic service and a live webcasting of the meeting. (B) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment.
(C) The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting. (D) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
H.2.a
Packet Pg. 130 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) (2) A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A) One of the following circumstances applies:
(i) The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year. (ii) The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I) A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II) The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2. (B) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals.
(C) The member shall participate through both audio and visual technology. (3) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year. (g) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is H.2.a
Packet Pg. 131 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (h) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(i) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(j) For the purposes of this section, the following definitions shall apply:
(1) “Emergency circumstances” means a physical or family medical emergency that prevents a member from attending in person.
(2) “Just cause” means any of the following:
(A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2.
(B) A contagious illness that prevents a member from attending in person. (C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
(D) Travel while on official business of the legislative body or another state or local agency.
(3) “Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (4) “Remote participation” means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation.
(5) “State of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(6) “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (7) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function.
H.2.a
Packet Pg. 132 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) (8) “Two-way telephonic service” means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. (9) “Webcasting” means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
(k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. (Amended (as amended by Stats. 2021, Ch. 165, Sec. 3) by Stats. 2022, Ch. 285, Sec. 1. (AB 2449) Effective January 1, 2023. Repealed as of January 1, 2024, by its own provisions. See later operative version, as amended by Sec. 2 of Stats. 2022, Ch. 285.) 1616381.1
H.2.a
Packet Pg. 133 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings)