Agenda packet — Orinda City Council, March 7, 2023

SPEAKER CARDS: If you would like to speak during the public forum or on an item listed on the agenda, you are invited to submit a speaker card to the City Clerk. You will be permitted to speak even if you elect not to submit a speaker card or decline to provide information requested on the card. After the City Council has heard from everyone who submitted speaker cards, anyone electing not to submit a speaker card may form a line at the lectern. Public comment is generally limited to 3 minutes per speaker per agenda item.

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CITY COUNCIL
AGENDA
Tuesday, March 7, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 03.07.23
How to follow or participate in the meeting:
• Members of the public may observe and participate in the meeting by attending in person at the highlighted location above. The meeting will be live streamed via the City YouTube Channel. https://www.youtube.com/@cityoforinda9535/streams • They may also submit a public comment 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://tinyurl.com/Orinda-Public-Comments • 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.

City Council
Agenda Page 2 03.07.23
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Brandyn Iverson, Latika Malkani, Janet Riley Vice Mayor Darlene Gee, Mayor Inga Miller
B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Introduction of New Senior Engineer Ryan O'Kane
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. February 21, 2023 - Regular Meeting
F.2. Adoption of Resolution 15-23 Authorizing Street Closure to Vehicular Traffic and Parking Restrictions on a portion of Orinda Way every Saturday between 6:00 a.m. to 2:00 p.m. from April 1, 2023 to March 28, 2026 for the Contra Costa Certified Farmers’ Market Recommendation:

Adopt Resolution 15-23 authorizing the closure of a portion of Orinda Way (Traffic Order No. 220) to vehicular traffic to allow for space for farmers' market vendors.

F.3. Contract Amendment No. 2 with DC Electric Group, Inc. for On-Call Traffic Signal and Street Light Maintenance Services
City Council
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Recommendation:

Staff recommends that the City Council: 1) Approve Contract Amendment No. 2 (Between the City of Orinda and DC Electric Group, Inc.) to extend the on-call contract term to December 31, 2023 and increase the contract value by an additional $100,000 to a new total contract amount of $400,000 2) and Authorize the City Manager and City Clerk to execute the contract amendment on behalf of the City, subject to approval as to form by the City Attorney
F.4. Reaffirm 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 17-23 F.5. Certification of County Measure J Growth Management Program Compliance Checklist for Calendar Years 2020 and 2021
Recommendation:

Adopt Resolution No. 18-23 authorizing the Mayor to certify the County Measure J Growth Management Program Compliance Checklist for calendar years 2020 and 2021 enabling the City to receive its allocation of Local Street Maintenance & Improvement Funds for fiscal years 2021-22 and 2022-23.

F.6. Authorization to Waive Formal Bidding And Purchase Two Replacement Police Patrol Vehicles Including Equipment and Installation
Recommendation:

Approve Resolution 21-23 waiving a formal bid and authorizing staff to replace two patrol vehicles at a cost of $170,700 ($115,700 for the vehicle and an estimate of $54,000 for outfitting and small contingency of $1,000); and approve the Budget Change in the amount of $65,000 from the Fleet Replacement Fund.

G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Quarterly Financial Report (2nd Qtr FY 2022-2023) and Mid-Year Budget Adjustments
Recommendation:

1. Receive the report and authorize Staff to record the Budget adjustments as described in Attachment F (Budget Change Form). 2. Discuss any initial ideas for possible consideration in the development of the next two year budget FY 2023/24 and 2024/25.

City Council
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H.2. Ratification of Moraga-Orinda Fire District (“MOFD”) Ordinance 23- 01, which adopts the 2022 California Fire Code and, by reference, the 2021 International Fire Code and makes modifications to those codes to reflect local conditions with associated findings and introduction of City of Orinda Ordinance 23-03 to repeal and replace the City of Orinda’s Municipal Code Chapter 8.20, “Fire Safety,” with a version of this Chapter that reflects the City’s ratification of MOFD Ordinance 23-01.

Recommendation:
(1) Adopt Resolution 22-23: ratifying MOFD Ordinance 23-01, which adopts the 2022 California Fire Code and, by reference, the 2021 International Fire Code and makes modifications to those codes to reflect local conditions, and adopting MOFD’s Findings of Fact that the proposed amendments are reasonably necessary because of local climatic, geological, or topographical conditions.
(2) Introduce Ordinance 23-03 to repeal and replace the City of Orinda’s Municipal Code Chapter 8.20, “Fire Safety,” with an updated version of this Chapter that reflects the City’s ratification of MOFD Ordinance 23-01, waiving a full reading of the text.

H.3. Authorize City Manager to Enter into the First Amendment of the Agreement with Bigbelly Smart Waste and Recycling System Recommendation:

Staff recommends the City Council authorize the City Manager to sign an amendment to the existing Big Belly to extend it for an additional five years and to request $460,084.37 from the CCC Solid Waste Authority (RecycleSmart) JPA's Member Agency Reserve Funds in the amount of in order to fund the costs.

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 Wednesday, March 15, 2023 at 7:00 PM.

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

I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda has been posted at least 24 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way.

Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org. At least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as City Council
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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. February 21, 2023 - Regular Meeting
ATTACHMENTS:

A. City Council Meeting Minutes of February 11, 2023
B. City Council Meeting Minutes of February 21, 2023
Respectfully Submitted by:

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

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Orinda City Council Minutes Page 1 of 2 02.11.23
FEBRUARY 11, 2023

CITY OF ORINDA

CITY COUNCIL MINUTES
9:00 A.M. – SPECIAL SESSION – VIA TELECONFERENCE

1. CALL TO ORDER / ROLL CALL:

Mayor Miller called the meeting to order at approximately 9:00 a.m.

COUNCILMEMBERS PRESENT: Brandyn Iverson, Latika Malkani, Janet Riley Vice Mayor Gee, Mayor Miller
COUNCILMEMBERS ABSENT: None

2. ADOPTION OF AGENDA
Councilmember Malkani made a motion, seconded by Councilmember Gee, to adopt the agenda as presented. The motion was carried unanimously by all present.

3. COMMISSION/COMMITTEE INTERVIEWS & APPOINTMENTS

3.1. Interview Applicants and Make Appointments for Vacancies on the City of Orinda Planning Commission, Parks & Recreation
Commission, Supplemental Sales Tax Oversight Commission (SSTOC), Historical Landmarks Committee, Art in Public Places Committee, Finance Advisory Committee, Traffic Safety Advisory Committee, County Library Commission, and County Connection Citizens Advisory Committee
Councilmembers interviewed applicants for the various Commissions, Committee, and Boards, which included a discussion of the number of members that the SSTOC should have, and made the following appointments:
• Ann Parnigoni, Planning Commission
• Alex Drexel, Parks & Recreation Commission
• Laura Riley, Parks & Recreation Commission
• Rachelle Latimer, Supplemental Sales Tax Oversight Commission • Paula Reinman, Supplemental Sales Tax Oversight Commission • Chris Decareau, Supplemental Sales Tax Oversight Commission • Bill Waterman, Historical Landmarks Committee
• Jeffrey Lyon, Historical Landmarks Committee
• Jeanne HuangLi, Historical Landmarks Committee
• Rich Thompson, Art in Public Places Committee
• Steven Schnier, Traffic Safety Advisory Committee
• Nicholas Mitchell, Traffic Safety Advisory Committee
• Shrikant Garde, County Library Commission
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Attachment: City Council Meeting Minutes of February 11, 2023 (3048 : City Council Minutes) Orinda City Council Minutes Page 2 of 2 02.11.23
MOTION was made by Councilmember Riley, seconded by Councilmember Gee, and by roll call vote carried unanimously by all present to appoint the individuals as listed above.

They also gave direction to the City Clerk to conduct a focused recruitment for the two vacancies remaining on the Planning Commission, the two vacancies remaining on the Finance Advisory Committee, and the vacancy on the County Connection Citizens Advisory Committee and when applicants are available, schedule a date for Council interviews.

D. ADJOURNMENT
The meeting was adjourned at approximately 1:30 p.m. to the regular meeting of the Orinda City Council to be held on Tuesday, February 21, 2023. .
______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Meeting Minutes of February 11, 2023 (3048 : City Council Minutes) Orinda City Council Minutes Page 1 of 12 02.21.23
February 21, 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=2361 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
Mayor Miller asked and confirmed there were no requests for removal of items from Councilmembers or the public, as well as no public comments.

MOTION by Councilmember Malkani moved and seconded by Vice Mayor Gee to adopt the agenda. Said motion carried by unanimous (5-0) roll call vote.

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

E. PUBLIC FORUM
Nick Waranoff said a group is currently forming to sue the City of Orinda to invalidate its approval of the EIR based on the Council’s decision to override the EIR finding of a significant adverse impact on evacuation in the event of a fire. They will challenge the EIR’s failure to consider the alternative of moving some new development out of downtown. The theme will be that human life is more important than maximizing development downtown. He previously urged the Council to commit to asking HCD for permission to change the Housing Element to move more housing to the Caltrans parcel but no Councilmembers have contacted him to discuss this, and the City Clerk has his contact information.

F. CONSENT CALENDAR
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Attachment: City Council Meeting Minutes of February 21, 2023 (3048 : City Council Minutes) Orinda City Council Minutes Page 2 of 12 02.21.23
Mayor Miller asked and confirmed Vice Mayor Gee requested removal of Item F.6 and Councilmember Iverson requested removal of Item F.7.

Mayor Miller opened the Public Forum.

Nick Waranoff requested Item F.7 be reconsidered and said he did not support approval of an agreement with Taste of the World Market, citing the need to support brick and mortar businesses. He commented that the City allowed a pizza food truck to park opposite Village Pizza, cited competition with local businesses, urged the Council to review the 3-year agreement, disallow directly competitive businesses, charge a market rate, and to ask TOW to report their sales.

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:

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.

MOTION by Councilmember Iverson moved and seconded by Councilmember Malkani to approve Consent Calendar Items F.1.1, F.1.2, F.2, F.3. F.4, and F.5. Said motion carried by unanimous (5-0) roll call vote.

Item Removed from the Consent Calendar:

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Attachment: City Council Meeting Minutes of February 21, 2023 (3048 : City Council Minutes) Orinda City Council Minutes Page 3 of 12 02.21.23
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.

Parks and Recreation Director Todd Trimble said he was available to answer questions or provide an update.

Vice Mayor Gee said she did not have a specific question but wanted to pull the item because it deserved some comments from the Council in terms of the success and appreciation by the community. She continues to be amazed at how well the committee is able to secure artists who want to show their work in Orinda, continues to enjoy new art, and thinks it is a great enhancement to the community. She asked staff to pass on thanks to committee members.

Councilmembers agreed, voiced thanks to the committee, commented that the art and murals impact people’s lives every day, and voiced appreciation for a thorough report.

Mr. Trimble said he will pass on comments to committee members and said the committee is working hard on renovating some pieces.

MOTION by Vice Mayor Gee moved and seconded by Councilmember Riley to approve Consent Calendar Item F.6. Said motion carried by unanimous (5-0) roll call vote.

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.

City Manager Biggs introduced the item, and briefly described the history of the City’s agreement with Taste of the World Market, Inc. (TOW).

Councilmember Malkani asked if staff could address comments made by Mr. Waranoff regarding economic advantages over brick and mortar businesses.

Mr. Trimble stated the TOW provides a regular truck and they also work with other food truck vendors to solicit and bring them to the sites, and these are changed routinely. They manage this and all participating trucks provide all required documents, primarily insurance and Health Department requirements at any location where an event is held.

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Attachment: City Council Meeting Minutes of February 21, 2023 (3048 : City Council Minutes) Orinda City Council Minutes Page 4 of 12 02.21.23
The City has benefitted from events and said last year they made a change with the Concert Series and moved the evening concerts from a Tuesday night to a Thursday night and hope that helps. During the pandemic, they did lose a large portion of their participating trucks primarily from going out of business. They continue to welcome opportunities for fundraising, work with City staff on various events, said it seems to bring people out to locations and support them, and he has also seen brick and mortar businesses being frequented just as much.

Councilmember Riley asked what the term of the agreement was before. Mr. Trimble said it is now proposed to be a three-year contract, said they run only about 6 months of the year so it will be April through October 2023, 2024 and 2025.

Councilmember Riley asked and confirmed that the 3-year term works well for the City and events, noting they initially had a one or two-year term and then expanded to three years. She asked if there is any data that supports the statement that restaurants or businesses are hurt financially by the trucks.

Mr. Trimble said no, not that he has heard. On more than one occasion he had spoken to restaurant owners nearby and they have actually indicated it helps them because if people do not find what they want to eat at the food trucks they will go to restaurant(s).

Mr. Biggs added that he recalled from the last sales tax review is that dining has recovered past the pre-pandemic levels. The City has leakage there so there are plenty of discretionary dining dollars for brick and mortar and other restaurants. These food truck events are very popular throughout the Bay Area and in Southern California, as well. The concern about brick and mortar restaurants is offset by overall growth so this indicates there is opportunity for both existing and new restaurants.

Councilmember Riley asked if there is any data that supports this company is not treating its employees fairly.

Mr. Biggs said he did not hear this particular concern expressed in comments but food trucks must be licensed, meet Health Department regulations, and employee relationships are governed by specific State agencies. The State over time has worked to encourage these types of operations and views it as an important economic development tool.

Councilmember Malkani asked if TOW operates in a similar fashion to how operators generally operate. Secondly, her anecdotal observations are that Thursday night food truck events are very well-attended and are enjoyed by residents. She asked if any survey has been done since the start of the operator’s agreement .

Mr. Trimble said nothing has been done formally as it has continued to improve and become more popular as they leave the pandemic. There were times when TOW also helped the City with other events during the pandemic, such as PSPS events but there are other operators which he described and TOW operates similarly to those.

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Attachment: City Council Meeting Minutes of February 21, 2023 (3048 : City Council Minutes) Orinda City Council Minutes Page 5 of 12 02.21.23
Mayor Miller said her experience is there were a few businesses who were not happy about the food trucks and that they had been invited to have concession space at the food trucks and declined this opportunity largely because of cost and overall infrastructure required to be a concession there, given they were paying rent in both locations. She asked if this is correct.

Mr. Biggs said the opportunity is always available. He noted that the Saturday Farmers’ Market has an occasional food truck or two and other food and produce vendors who compete with brick and mortar businesses, but these are all tremendously popular and the City collects sales tax and ensures they follow local laws.

Mayor Miller opened the Public Forum.

Nick Waranoff said one thing that the Council has not discussed is the staff report recommends and the draft agreement provides on pages 51 and 53 that the $200 fee from TOW is no longer going to be charged. He argued this could fall under illegal gift of public funds and thinks the $200 fee should be increased.

With respect to Councilmember Riley’s comments, his point was not employees of TOW are treated unfairly. His point is that the City has no information on how much the trucks are paying TOW, no information on the gross sales of any individual truck or on trucks collectively, no information on how much money TOW is making off of this deal and the City does not get any of the sales tax collected by these food trucks.

He learned TOW reports all sales made at his central place of business in Martinez and not in Orinda. He also noted that restaurants begged the City not to hold the food truck events on Thursdays, and TOW agreed the date remains the same. Therefore, he thinks there should be a fee and the Council should know what the subtenant food trucks are paying and what the sales are.

Mayor Miller questioned the $200 fee, what is meant to cover, and whether it is legal for the City to waive it.

Mr. Biggs said he knows in some communities cities pay their food truck organizers to organize the event. Possibly given the event is held on public property, similar to the farmers’ market, these are often offered by the City, and he asked Mr. Trimble to comment on the recommended change.

Mr. Trimble said he does not know how TOW benefits from independently contracted food trucks, but it is most common arrangement in the Bay Area where fees are not charged similar to farmers’ markets. There are agencies that do pay food truck vendors for the service and not the other way around. It was a combination of the downsizing of their core and to be in line with what is done by the farmers’ market.

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Attachment: City Council Meeting Minutes of February 21, 2023 (3048 : City Council Minutes) Orinda City Council Minutes Page 6 of 12 02.21.23
City Attorney Wolff said the $200 fee the City was charging in the prior contract was negotiated then and it sounds like Mr. Trimble negotiated this time and was told they could no longer pay the fee, but if the Council wants to re-negotiate again they could, but if they are willing to accept staff’s recommendations, the Council can do that. Mr. Waranoff’s comment was aimed at a doctrine called the Gift of Public Funds Doctrine which prohibits public agencies like the City from making gifts or transferring benefits to private entities.

In this case, the public is getting a benefit through this contract for a weekly food truck event and so the Council can conclude that is a sufficient benefit, and they do not need to receive the $200.

Mayor Miller concurred this has been a wonderful public benefit and did not support charging the $200 fee.

Councilmember Riley said she does not think the $200 will make a big difference one way or the other, but when the City first did this in 2017/18 it was a pilot program for one year at a time where feedback was solicited and there was quite a bit of concern between the trade-off’s of local businesses and getting people to stay in Orinda and build downtown placemaking. Overall, it has been a huge win but she suggested one-year automatic renewals for the City to have some flexibility if they wanted to change something.

Mr. Biggs said the City can terminate the contract without cause with 10 days’ notice or request modifications. If there is a desire to modify the terms, this can be done. The vendor was also impacted by COVID and are trying to rebuild their business, so if they get to the end of this season and see a big uptick, the City can revisit things.

MOTION by Councilmember Malkani moved and seconded by Councilmember Riley to approve Consent Calendar Item F.7. Said motion carried by unanimous (5-0) roll call vote.

G. PUBLIC HEARING – None.

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.

Mr. Biggs introduced the item, provided a background of the SSTOC, stating this is the Commission’s second annual report, which was approved at their last meeting and being presented tonight for the Council’s consideration.

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Attachment: City Council Meeting Minutes of February 21, 2023 (3048 : City Council Minutes) Orinda City Council Minutes Page 7 of 12 02.21.23
Rochelle Latimer, Commissioner, SSTOC, gave the PowerPoint presentation on the SSTOC’s second annual report. She described the report as outlined in the staff report covering goals and accomplishments relating to wildfire risk mitigation and emergency preparedness, recommendations and implementation ideas, ongoing concerns, goals and accomplishments under roads and storm drains, a financial summary of Measure R 1-cent sales tax and Measure L-1/2 cent sales tax, and lastly described additional funding sources.

City Manager Biggs called attention that the new PCI pavement index for 2022. He said Orinda rose to be tied for the second highest Pavement Condition Index into the 90’s, and said they expect that will increase.

Mayor Miller and Councilmembers thanked the SSTOC members for their report and what has been a tremendous amount of work and accomplishments.

Mayor Miller opened the Public Forum.

Judd Hammon said he appreciates positive comments from Mayor Miller and Councilmembers regarding the efforts of putting the report together. The real work here is done by City staff and by members of the community to start making real differences and change in reducing the City’s wildfire risk. He thanked them for all their work.

Mr. Biggs said he wanted to mention the fact that the SSTOC is a working commission and starting in March with return of the farmers’ market downtown, the City will have a table with a staff member and are hoping one or two commission members to help provide information to the community and pass out brochures with resources.

Secondly, on April 22nd they will have their first annual Wildfire Prevention and Safety Fair in Community Park starting at 9 or 10 AM until about 3 PM. They are beginning to confirm participants, and the Insurance Commissioner will have a table and share some of their programs, as well as vendors providing tree removal service, the Fire District, Orinda Firewise Council, and others.

Councilmembers provided thanks for the comprehensive report, recognized the formation of the SSTOC and “getting off the ground”, confirmed the reporting varies from fiscal to calendar year so data is often not complete until December, voiced appreciation of the amount of work accomplished in a relatively short timeframe, asked to measure everything the SSTOC can as far as accomplishments on public works programs for roads and drains to track funding that supports the annual CIP, and recognized the significant education and outreach efforts.

City Manager Biggs reported the City was successful in working with Assemblymember Bauer-Kahan to get $800,000 to fund two additional people to work on fire prevention, and the Fire District is meeting on how to do that. They are also working to set up a special Council meeting with PG&E and EBRPD and EBMUD where they will update the community in March or April.

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Attachment: City Council Meeting Minutes of February 21, 2023 (3048 : City Council Minutes) Orinda City Council Minutes Page 8 of 12 02.21.23
MOTION by Councilmember Iverson moved and seconded by Councilmember Riley to accept the FY 2021-2022 SSTOC Annual Report. Said motion carried by unanimous (5-0) roll call vote.

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 Manager Biggs said the Council adopted a resolution that rescinds the local COVID based emergency as of the 24th of February. The Governor’s Declaration regarding COVID expires February 28th and the City is planning on returning to in-person meetings in March. The first regular Council meeting will be March 7th.

In January, staff discussed options about returning to in-person meetings and also how to proceed and to look at the costs and logistics of providing a hybrid option. Staff has been exploring some of those and the staff report follows up on this and presents five questions which would be helpful for staff to have Council input so they can narrow the options. There will be additional costs to implement and provide for hybrid options. They have been looking at what other agencies are doing and the staff report identifies 5 key policy areas, questions, and a recommendation by staff. The City Clerk and the City Attorney are available to answer questions, as well.

Mayor Miller opened the Public Forum.

City Clerk Smith stated staff received one written public comment from Steve Cohn, which is before the Council and on the City’s website. There are no speakers or additional emails.

Mr. Biggs then read and spoke about options for the five questions as outlined in the staff report for Council consideration, as follows:

1. Public attendance via Zoom at Council meetings.

2. Public attendance via Zoom at other meetings.

3. Public health measures for in-person meetings.

4. Council attendance via Zoom per AB 2449.

5. Appointed officials’ attendance via Zoom per AB 2449.

Councilmember Malkani said if they were to meet in the Sarge Room this would involve less costs and less work because they could conceivably leave the technology set up there as opposed to resetting up the technology in the Library. She is struggling with maintaining access especially for those who have expressed they want to maintain access while also not overburdening staff.

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Attachment: City Council Meeting Minutes of February 21, 2023 (3048 : City Council Minutes) Orinda City Council Minutes Page 9 of 12 02.21.23
Mr. Biggs spoke about the labor involved with using shared meeting rooms, said they could eliminate rental of the Sarge room, and spoke about the City Clerk’s work to ensure things are working right.

City Clerk Smith said she believes the Sarge Room would be initially easier because it has been done with the Fire District where they have accomplished a successful hybrid meeting. It would be her preference to start and see how that works and then they could go to the auditorium for larger crowds or decide to go there permanently at some point.

She also did not think many people would want to come in person if the City offers the hybrid option so the meetings might not need to be in a large venue.

Councilmember Iverson said as long as they agree they want the public to be able to attend virtually, it is not up to the Council to tell them which room on which date they should use. The goal is not to burden staff, maximize access, and staff can tell them where they are meeting month to month. Therefore, she does not feel they should go further other than ask staff to do the best they can as they go through the process and indicate what venue works best. Councilmember Riley agreed with Councilmember Iverson’s comments.

Vice Mayor Gee said she does not have any problem starting in the Sarge Room or wherever staff thinks is best but voiced concern with participation not being high and the ability to social distance with the Sarge Room being so small. She likes the idea of hybrid meetings and suggested having a transition time on it or some data where if they are only getting a handful of people whether it is worth them providing room to hold meetings, given some other constraints including financial. She cannot seeing doing this forever if there will be small participation.

Councilmembers then held extensive discussion about engaging the public, starting with in-person meetings while still allowing for hybrid meetings for the public in the Sarge Room, number of average Council participants, social distancing space, three staff members in Council meetings and others using Zoom to participate, technology and logistical issues, not having a dedicated Council Chambers, costs involved with the hybrid option and staff support, options to have dial-in for the public which the Clerk would have to research, the desire to go slow and evaluate as they go, the fact the City has up to 30 Brown Act bodies and whether the Council wishes to transition them all or just have Council and/or the PC hold hybrid meetings, previous cumbersome teleconferencing processes which were never used, advantages of Zoom for the public and participation from home, concerns with going back to in-person meetings and COVID and having a trial basis for the Council and not going with a hybrid option for the Planning Commission, public health measures to take by encouraging public masking, sign-in’s, and signage for the meeting room.

City Attorney Wolff said there is a great deal of flexibility in what technology is being used.

The City has used Zoom exclusively, but other jurisdictions have a live stream with a phone call-in telephonic option and that together, the public can use those things to monitor the meeting and then deliver their oral comments.

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Attachment: City Council Meeting Minutes of February 21, 2023 (3048 : City Council Minutes) Orinda City Council Minutes Page 10 of 12 02.21.23
City Attorney Wolff said AB 2449 provides flexibility but that comes with complexity. The simplest path forward would be if the Council is going back in person and you are offering the hybrid option, you could take advantage of AB 2449 but it is complex. If the Council wants to keep things simple, then the Council’s best option is to decide that if you are sick, have a personal emergency, or need to care for someone else, they will just be absent.

The more complex option would be to participate via hybrid when that unexpected absence would come up. That option is very much available under State law but it brings some additional staffing costs. She suggested discussing what the Council would like the norm to be. She will assume the expectation is that if you are ill with a contagious virus, you would not come to the meeting with a mask or not. Then the question would be, what should that person do? Should that person be absent and allow the other 4 to run the meeting, which would be completely acceptable to proceed.

Or, is the norm going to be that a person with an unexpected illness should be given the opportunity to phone in and participate under AB 2449? This is a different process, and this is where staff is looking for guidance from the Council. If the Council wishes to take advantage of AB 2449, there will need to be more education and more interaction about when this option can apply, what procedures to follow, what the tracking system will be by the City Clerk. If the emergency version of AB 2449 is taken advantage of, there will need to be a vote of the colleagues about whether to accept a given emergency. If it is the just cause, it is more relaxed, but it will be noted in the minutes.

Mr. Biggs said he wants to clarify that in the just cause provisions business travel would not be just cause under the new law which can only be used 4 times a year. This includes family members being sick, contagious illness, physical or mental disability, or travel while on official business or another public agency. So, Councilmembers cannot use it while on vacation or traveling for their employer. They would have to rely on the existing provision of teleconferencing and posting ahead of time.

Mayor Miller questioned tracking, and City Attorney Wolff said to imagine holding tonight’s meeting in-person. They have teleconference available for the public. If one Councilmember gets sick the afternoon of the meeting, they will contact the Clerk and if they want to participate but not come to the meeting, the Clerk and she will advise the Councilmember about what they should do. They will have to explain they are using one of the four just cause provisions or using one of the limited number of emergencies.

If there is an emergency, there must be a Council vote about whether to accept that, and it must be on the agenda because it is a Council action. She and the City Clerk will ensure there is an agenda item listed. Brown Act does have a provision that allows Councilmembers to place items on the agenda in the event of an emergency and this might be one of those. So, it will be a learning experience and new to them.

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Attachment: City Council Meeting Minutes of February 21, 2023 (3048 : City Council Minutes) Orinda City Council Minutes Page 11 of 12 02.21.23
Staff is more than willing to engage with Councilmembers who may want to use teleconferencing, but she wanted to talk early about what that will involve. She also thinks it is relevant as to whether to provide the hybrid option for the public because once this is allowed, the Council has this flexibility as well. If the teleconferencing option is not provided for the public, the Council will not have the AB 2449 option.

Ms. Wolff said people think about different hypotheticals and how things are handled which has improved everybody’s understanding of how this law is likely to work. They will know more in 3 months, and the Council could provide the hybrid option to the public but establish a norm among the Council that you are not going to take the AB 2449 flexibility for the first 3 months, or decide that you will. She does not think the Council can establish rules for fellow elected officials. The Brown Act allows for this and if someone wanted to use it they could.

Mr. Biggs said the Council could decide not to provide this option to other boards and commissions and just the Council and/or PC, which is question 5.

Vice Mayor Gee said to her this whole hybrid option was about the public. She thinks they are really over-complicating this. Three years ago, no one heard about Zoom or pandemics and they functioned just fine. If they were sick they did not show up. It seems the other aspect seems way out of proportion. So, she thinks there is no reason to complicate it to the level they are talking about.

Mayor Miller said if anyone wants to propose a norm for AB 2449, she asked for comment.

Councilmember Malkani proposed that the norm for at least the next 3 months is that Councilmembers attend in person and if they are sick they stay home, and that they revisit this in 3 months. Councilmembers voiced consensus.

Mr. Biggs said they would not apply this to other appointed bodies and the Council could revisit that in the future after the trial period. He summarized Council consensus:
• The Council will transition back to live meetings initially in the Auditorium in March; • Staff will work to implement a hybrid system to allow for greater public participation remotely starting the first meeting in April and try the Sarge Room and evaluate that transition;
• They will trial this for about 3 months or so to see how the system is working and then revisit some of the other points heard discussed this evening; • As part of the budget discussion, staff can talk about on-going costs and staffing needs that could be factored into approval of the 2023/23 and 2023/24 fiscal year budget;
• They will initially start with the Council meeting and then they can transition with the other groups with an initial target being the Planning Commission, which has quasi-adjudicated matters; and
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Attachment: City Council Meeting Minutes of February 21, 2023 (3048 : City Council Minutes) Orinda City Council Minutes Page 12 of 12 02.21.23
I. COUNCILMEMBERS’ REPORTS – Councilmember Malkani reported she and Vice Mayor Gee were asked to be interviewed this week by Miramonte High School students as part of a podcast talking about local racial issues.

Vice Mayor Gee announced she has been invited to talk to the 7th grade class on Friday, March 3rd during their lunch period to talk about things the City has done to help fight climate change over the last few years.

Councilmember Iverson said they had their first 2x2 committee meeting where they talked about their goals and objectives. She will also provide an affordable housing school talk at College Prep High School where they are doing a social justice day, and she will talk about balancing competing priorities as a local leader and have affordable housing built.

Mayor Miller noted that Senator Steve Glazer will hold a Town Hall meeting tomorrow at 6PM in the Library Auditorium with the Lamorinda cities. They have the State of the City presentation at the Rotary next Wednesday at lunchtime.

Orinda will also be hosting the Mayors’ Conference on Thursday, March 2nd.

J. CITY MANAGER’S REPORT – City Manager Biggs said they will commence the table at the farmers’ market soon which he reported earlier. On April 22nd is the first annual Orinda Wildfire Prevention and Safety Fair at Community Park.

K. MATTERS INITIATED – None.

L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 10:05 p.m. to the next Special Meeting on Saturday February 25, 2023 at 9:00 a.m.
______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Meeting Minutes of February 21, 2023 (3048 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: March 7, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Adoption of Resolution 15-23 Authorizing Street Closure to Vehicular Traffic and Parking Restrictions on a portion of Orinda Way every Saturday between 6:00 a.m. to 2:00 p.m. from April 1, 2023 to March 28, 2026 for the Contra Costa Certified Farmers’ Market
RECOMMENDATION:

Adopt Resolution 15-23 authorizing the closure of a portion of Orinda Way (Traffic Order No. 220) to vehicular traffic to allow for space for farmers' market vendors.

BACKGROUND:

The Contra Costa Certified Farmers’ Market (CCCFM) has provided Orinda with a Farmer’s Market since 1997. On February 7, 2023, the City Council approved a new three year contract with CCCFM which continues the year round schedule from the previous contract. The Market is currently located (Attachment B) on a portion of Orinda Way between Rite Aid (27 Orinda Way) and the north end of the Community Park (adjacent to 200 Orinda Way) and operated every Saturday from 9:00 a.m. until 1:00 p.m.

The City Council has annually approved two traffic orders to accommodate the operation of the Farmer’s Market: 1) providing for a full street closure; and 2) “no onstreet” parking restrictions for the portion of Orinda Way along frontage of #27 Orinda Way of Rite-Aid on Saturdays between 6:00 a.m. to 2:00 p.m.

DISCUSSION:

The recommended traffic order resolution is consistent with the current approved expiring Traffic Order (TO# 207). This will maintain the expanded area that was used during the pandemic to allow for additional vendors when necessary. Vehicles will still have full access to all businesses in the area including the Post Office, the former Bank of America building, and other businesses as the parking lots of 200 Orinda Way and 27 Orinda Way are connected.

The Orinda Postmaster is aware of the street closure as their direct driveways will be closed during the event.

The City will continue to provide sufficient barricades and cones for the street closure to the Farmers’ Market personnel.

NEXT STEPS:

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Upon approval of the traffic order resolution, Staff will install additional street parking signs and coordinate with the Market manager to implement the street closure and implement parking restrictions for the Farmer’s Market.

FISCAL IMPACT:

There are currently no additional costs at this time.

ATTACHMENTS:

A. Resolution 15-23 Farmers Market Orinda Way Closure TO #220 B. Farmer's Market Boundary
Respectfully Submitted by:

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

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

Authorizing the Closure of a Portion
of Orinda Way along the frontage of
#27 Orinda Way of Rite-Aid from the
Southerly Driveway to the Driveway
of #200 Orinda Way
)
)
)
)
)
Resolution No. 15-23
Traffic Order No. 220
WHEREAS, the City Council is ordering the closure of a portion of Orinda Way between 6:00 a.m. to 2:00 p.m. to permit the operation of a Farmers’ Market every Saturday morning from April 1, 2023 through March 28, 2026; and WHEREAS, the operation of the Farmers’ Market requires the full use of the paved portion on Orinda Way from the southerly driveway of #27 Orinda Way of RiteAid to the driveway of #200 Orinda Way; and WHEREAS, an engineering study has concluded that the closure of the street and restriction of parking will contribute to safer conditions during the hours of operations of the Farmers' Market; and
WHEREAS, under Section 21101, paragraph (e) of the Vehicle Code, a local authority may adopt by resolution, a temporary closure of a street for a special event when necessary for the safety and protection of the users of the street during the event.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Orinda hereby authorizes the street closure and prohibition of all parking, except parking of vehicles that are an integral part of the Farmers Market operation, on the portion of Orinda Way from the southerly driveway of #27 Orinda Way of Rite-Aid to the driveway of #200 Orinda Way every Saturday between 6:00 a.m. and 2:00 p.m. from April 1, 2023 through March 28, 2026.

Adopted by the City Council of the City of Orinda at a regular meeting on March 7, 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
______________________
Inga Miller, Mayor
ATTEST:
____________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 15-23 Farmers Market Orinda Way Closure TO #220 (3041 : 2023-2026 Farmer's Market Street Closure Parking Northern Boundary
200 Orinda Way
Southern Boundary
27 Orinda Way
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Attachment: Farmer's Market Boundary (3041 : 2023-2026 Farmer's Market Street Closure City Council
Staff Report
Agenda Item: F.3
Date: March 7, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Contract Amendment No. 2 with DC Electric Group, Inc. for On-Call Traffic Signal and Street Light Maintenance Services
RECOMMENDATION:

DC Electric Group, Inc. has been providing on-call Traffic Signal and Street Light Maintenance services to the City since February 2017. At the City Council meeting on April 7, 2020, the City Council authorized an on-call Traffic Signal and Street Light Maintenance services contract with DC Electric Group, Inc. DC Electric was selected to provide as-needed routine and emergency traffic signal and street light maintenance; installation work; and locating and marking services for electrical facilities related to traffic signals in response to Underground Services Alert (USA) notifications. The selection of DC Electric Group, Inc. was made as a single source award due to their extensive knowledge of the City’s traffic signals and street lights. The original contract value was $200,000 and the term was until December 31, 2021.

On September 7, 2021, the City Council authorized Amendment No. 1, providing an extension of the contract to December 31, 2022 and an increase in the contract value to a new total of $300,000.

DISCUSSION:

DC Electric continues to perform services in compliance with Amendment No. 1. Due to a clerical error, the amendment was not fully executed. Staff is in the process of obtaining all necessary signatures to properly validate Amendment No. 1.

Current expenditures under the amended contract are approximately at the $300,000 limit. In order to continue to provide necessary signal and light electrical services, the contract needs to be extended and increased. Staff recommends increasing the contract value from $300,000 to $400,000 and extending the term to December 31, 2023. The additional $100,000 in value is budgeted in the operating budget for traffic signal maintenance, funded by Gas Tax (Fund #200). Note that some of the work under this contract may be related to certain capital improvement projects, in which case such work will be charged to those specific projects.

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NEXT STEPS:

Upon City Council authorization, Contract Amendment No. 2 will be sent to DC Electric Group, Inc. for signature, then forwarded to the City Clerk for processing and approval by the City Manager and City Attorney.

FISCAL IMPACT:

The recommended contract amendment increases the contract value by $100,000. No changes are needed to the FY 2022-2023 budget for Traffic Signal maintenance, as noted above.

ATTACHMENTS:

A. DC Electric Amendment No 2
B. DC Electric Group, Inc. Traffic Signal Maintenance Contract Respectfully Submitted by:

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

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1 CITY OF ORINDA
AMENDMENT No. 2 TO SERVICES CONTRACT
DC Electric Group, Inc. (“Provider”) and the City of Orinda (“City”), a municipal corporation, previously entered into a contract with an effective date of June 19, 2020 relating to a professional services contract for On-call Traffic Signal and Street Light Maintenance. Section 18 of that agreement provides that “No waiver, modification or termination of this agreement is valid unless made in writing.”
City and Provider mutually agree to amend the agreement as follows:

1. Replace Section 3.c “Time of Performance” as follows:
a. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by the City. All work shall be completed no later than December 31, 2023.

2. Replace Section 4.a “Compensation” as follows:
a. City agrees to pay Provider at the rates described in Exhibit A-I, not to exceed a maximum contract price of $400,000 for all services performed under this agreement.

In all other respects, the agreement shall remain unchanged and in full force and effect.

City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
DC Electric Group, Inc.
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
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Attachment: DC Electric Amendment No 2 (3030 : On-Call Contract Amendment No. 2 for DC Electric Group, Inc.) F.3.b
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Attachment: DC Electric Group, Inc. Traffic Signal Maintenance Contract (3030 : On-Call Contract Amendment No. 2 for DC Electric Group, Inc.) F.3.b
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Attachment: DC Electric Group, Inc. Traffic Signal Maintenance Contract (3030 : On-Call Contract Amendment No. 2 for DC Electric Group, Inc.) F.3.b
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Attachment: DC Electric Group, Inc. Traffic Signal Maintenance Contract (3030 : On-Call Contract Amendment No. 2 for DC Electric Group, Inc.) F.3.b
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Attachment: DC Electric Group, Inc. Traffic Signal Maintenance Contract (3030 : On-Call Contract Amendment No. 2 for DC Electric Group, Inc.) F.3.b
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Attachment: DC Electric Group, Inc. Traffic Signal Maintenance Contract (3030 : On-Call Contract Amendment No. 2 for DC Electric Group, Inc.) F.3.b
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Attachment: DC Electric Group, Inc. Traffic Signal Maintenance Contract (3030 : On-Call Contract Amendment No. 2 for DC Electric Group, Inc.) F.3.b
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Attachment: DC Electric Group, Inc. Traffic Signal Maintenance Contract (3030 : On-Call Contract Amendment No. 2 for DC Electric Group, Inc.) F.3.b
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Attachment: DC Electric Group, Inc. Traffic Signal Maintenance Contract (3030 : On-Call Contract Amendment No. 2 for DC Electric Group, Inc.) F.3.b
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Attachment: DC Electric Group, Inc. Traffic Signal Maintenance Contract (3030 : On-Call Contract Amendment No. 2 for DC Electric Group, Inc.) F.3.b
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Attachment: DC Electric Group, Inc. Traffic Signal Maintenance Contract (3030 : On-Call Contract Amendment No. 2 for DC Electric Group, Inc.) City Council
Staff Report
Agenda Item: F.4
Date: March 7, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Reaffirm 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 17-23 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 subsequent regular City Council meetings, City Council adopted resolutions to reaffirm 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.

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NEXT STEPS:

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 $190,000. 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 17-23 Emergency Resolution Continued 2022-23 Storms Respectfully Submitted by:

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

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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. 17-23 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:
• Shoulder/road edge failure near 57 Tarry Ln.

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Attachment: Resolution 17-23 Emergency Resolution Continued 2022-23 Storms (3045 : Reaffirm emergency Winter storms) • 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 subsequent regular meetings the City Council adopted resolutions to reaffirm 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 and coordination of all inquiries and requirements necessary to obtain county, state or F.4.a
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Attachment: Resolution 17-23 Emergency Resolution Continued 2022-23 Storms (3045 : Reaffirm emergency Winter storms) 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.

Adopted by the City Council of the City of Orinda at a regular meeting on March 7, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:
___________________
Inga Miller, Mayor
_____________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 17-23 Emergency Resolution Continued 2022-23 Storms (3045 : Reaffirm emergency Winter storms) City Council
Staff Report
Agenda Item: F.5
Date: March 7, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Certification of County Measure J Growth Management Program Compliance Checklist for Calendar Years 2020 and 2021
RECOMMENDATION:

BACKGROUND:

Voters in Contra Costa County approved Measure C on November 8, 1988. Measure C authorized a ½ percent increase in the countywide sales tax to fund a Traffic Improvement and Growth Management program for 20 years. The intent of the program is to address existing traffic congestion problems by providing funding to mitigate them and to establish a regional process to cooperatively manage the impacts of growth. In 2004, County Measure J was passed by the voters in the County to extend the sales tax for 25 years through 2034. As a participant, the City of Orinda receives return-to-source revenue from the funds generated by the increase in sales tax.

County Measure J requires each jurisdiction in Contra Costa to take several actions including the following: adopt a growth Management Element that outlines goals and policies for managing growth and requirements for achieving those goals; adopt a development mitigation program and a transportation systems management ordinance; participate in ongoing cooperative, multi-jurisdictional planning processes to reduce cumulative regional traffic impacts of development; and develop a five-year capital improvement program. Measure J also requires addressing housing options.

DISCUSSION:

The Contra Costa Transportation Authority (CCTA) requires the City to complete, certify, and submit the Growth Management Program Compliance Checklist every two years. A component of the Checklist is demonstrating reasonable progress in providing housing opportunities for all income levels. Jurisdictions may demonstrate progress by submitting a copy of the local jurisdiction’s annual report to the State Department of Housing and Community Development. City Council approved the City’s 2020 Annual Housing Element Progress Report at their April 20, 2021 meeting, and approved the 2019 Annual Housing Element Progress Report at their April 19, 2022 meeting. A copy of each report is included in the checklist attachments, to be submitted to CCTA.

The current Checklist submittal is nominally for fiscal years 2021-22 and 2022-23, and reports data for calendar years 2020 and 2021. The CCTA requires that the City Council F.5
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certify that the Checklist (Attachment A) and its attachments (web link to City website provided in Attachment B) as complete and that the policies and programs of the City as reported conform to the requirements of County Measure J. These items, along with an approved copy of Resolution No. 18-23 (Attachment C) will be submitted to the CCTA, to enable the City to receive the return-to-source allocations for fiscal years 2021-23 and 2022-23.

NEXT STEPS:

Staff will submit the Checklist and its attachments, along with Resolution 18-23 to CCTA. The Checklist will be reviewed first by CCTA staff for completeness and then by two of the CCTA’s standing committees: the Citizen Advisory Committee and the Planning Committee. After these committees review it, the CCTA Board will review and, if it finds Orinda in compliance with the Growth Management Program, approve the Checklist. Once the CCTA Board approves the Checklist, CCTA will allocate funds in accordance with their adopted formula, which is weighted based on two factors (50% based on population; and 50% based on road miles). The estimated amounts are shown in the Fiscal Impact section below.

FISCAL IMPACT:

The City revenue budget estimate included in the current CIP for CCTA return-to-source funds is $512,000 in Fiscal Year 2022-23, and $523,000 in Fiscal Year 2023-24. The City relies on input from CCTA on their projection of funds available. The timing of receipt can fluctuate based on when CCTA Committees and Board complete the review of the Checklist. The majority of the funds are invested in the City’s pavement management program.

ATTACHMENTS:

A. 2020-2021 GMP Checklist Orinda
B. Checklist Supplementary Information - Attachments weblink C. Resolution 18-23 Certifying 2020 & 2021 Measure J Checklist Respectfully Submitted by:

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

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Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021
Measure J Growth Management Program Compliance Checklist

1. Action Plans YES NO N/A
a. Is the jurisdiction implementing the actions called for in the applicable Action Plan for all designated Routes of Regional Significance within the jurisdiction?
b. Has the jurisdiction implemented the following procedures as outlined in the Implementation Guide and the applicable Action Plan for Routes of Regional Significance?
i. Circulation of environmental documents,
ii. Analysis of the impacts of proposed General Plan amendments and recommendation of changes to Action Plans, and
iii. Conditioning the approval of projects consistent with Action Plan policies?
c. Has the jurisdiction followed the procedures for RTPC review of General Plan Amendments as called for in the Implementation Guide?

2. Development Mitigation Program YES NO
a. Has the jurisdiction adopted and implemented a local development mitigation program to ensure that new development pays its fair share of the impact mitigation costs associated with that development?
b. Has the jurisdiction adopted and implemented the regional transportation mitigation program, developed, and adopted by the applicable Regional Transportation Planning Committee, including any regional traffic mitigation fees, assessments, or other mitigation as appropriate?
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Attachment: 2020-2021 GMP Checklist Orinda (3046 : CCTA GMP Checklist 2020-2021) Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021

3. Address Housing Options YES NO
a. Has the jurisdiction prepared and submitted a report to the Authority demonstrating reasonable progress in providing housing opportunities for all income levels under its Housing Element? The report can demonstrate progress by
(1) comparing the number of housing units approved, constructed, or occupied within the jurisdiction over the preceding five years with the number of units needed on average each year to meet the housing objectives established in its Housing Element; or
(2) illustrating how the jurisdiction has adequately planned to meet the existing and projected housing needs through the adoption of land use plans and regulatory systems which provide
opportunities for, and do not unduly constrain, housing development; or
(3) illustrating how its General Plan and zoning regulations facilitate improvement or development of sufficient housing to meet the Element’s objectives.

Note: A copy of the local jurisdiction’s annual progress report (Tables A thru C) to the state Department of Housing and Community Development (HCD) is sufficient.
b. Does the jurisdiction’s General Plan—or other adopted policy document or report—consider the impacts that its land use and development policies have on the local, regional, and countywide transportation system, including the level of transportation capacity that can reasonably be provided?
c. Has the jurisdiction incorporated policies and standards into its development approval process that support transit, bicycle, and pedestrian access in new developments?
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Attachment: 2020-2021 GMP Checklist Orinda (3046 : CCTA GMP Checklist 2020-2021) Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021

4. Traffic Impact Studies YES NO N/A
a. Using the Authority’s Technical Procedures, have traffic impact studies been conducted as part of development review for all projects estimated to generate more than 100 net new peak-hour vehicle trips? (Note: Lower traffic generation thresholds established through the RTPC’s Action Plan may apply).
b. If the answer to 4.a. above is “yes”, did the local jurisdiction notify affected parties and circulate the traffic impact study during the environmental review process?

5. Participation in Cooperative, Multi-Jurisdictional
Planning YES NO
a. During the reporting period, has the jurisdiction’s Council/Board representative regularly participated in meetings of the appropriate Regional Transportation Planning Committee (RTPC), and have the jurisdiction’s local representatives to the RTPC regularly reported on the activities of the Regional Committee to the jurisdiction's council or board? (Note: Each RTPC should have a policy that defines what constitutes regular attendance of Council/Board members at RTPC meetings.)
b. Has the local jurisdiction worked with the RTPC to develop and implement the Action Plans, including identification of Routes of Regional Significance, establishing Multimodal Transportation Service Objectives (MTSOs) for those routes, and defining actions for achieving the MTSOs?
c. Has the local jurisdiction applied the Authority’s travel demand model and Technical Procedures to the analysis of General Plan Amendments (GPAs) and developments exceeding specified
thresholds for their effect on the regional transportation system, including on Action Plan MTSOs?
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Attachment: 2020-2021 GMP Checklist Orinda (3046 : CCTA GMP Checklist 2020-2021) Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021
YES NO
d. As needed, has the jurisdiction made available, as input into the countywide transportation computer model, data on proposed improvements to the jurisdiction’s transportation system, including roadways, pedestrian circulation, bikeways, and trails, planned and improved development within the jurisdiction, and traffic patterns?

6. Five-Year Capital Improvement Program YES NO
Does the jurisdiction have an adopted five-year capital improvement program (CIP) that includes approved projects and an analysis of project costs as well as a financial plan for providing the improvements? (The transportation component of the plan must be forwarded to the Authority for incorporation into the Authority’s database of transportation projects)

7. Transportation Systems Management Program YES NO
Has the jurisdiction adopted a transportation systems management ordinance or resolution that incorporates required policies consistent with the updated model ordinance prepared by the Authority for use by local agencies or qualified for adoption of alternative mitigation measures because it has a small employment base?

8. Adoption of a voter-approved Urban Limit Line YES NO N/A a. Has the local jurisdiction adopted and continually complied with an applicable voter-approved Urban Limit Line as outlined in the Authority’s annual ULL Policy Advisory Letter?
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Attachment: 2020-2021 GMP Checklist Orinda (3046 : CCTA GMP Checklist 2020-2021) Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021
b. If the jurisdiction has modified its voter approved ULL or approved a major subdivision or General Plan Amendment outside the ULL, has the jurisdiction made a finding of consistency with the Measure J provisions on ULLs and criteria in the ULL Policy Advisory Letter after holding a noticed public hearing and making the proposed finding publicly available?

9. Adoption of the Measure J Growth Management
Element YES NO N/A
Has the local jurisdiction adopted a final GME for its General Plan that substantially complies with the intent of the Authority’s adopted Measure J Model GME?

10. Posting of Signs YES NO N/A
Has the jurisdiction posted signs meeting Authority specifications for all projects exceeding $250,000 that are funded, in whole or in part, with Measure C or Measure J funds?

11. Maintenance of Effort (MoE) YES NO
Has the jurisdiction met the MoE requirements of Measure J as stated in Section 6 of the Contra Costa Transportation
Improvement and Growth Management Ordinance (as amended)? (See the Checklist Instructions for a listing of MoE requirements by local jurisdiction.)

12. Submittal of LSM Reporting and Audit Forms YES NO
Has the local jurisdiction submitted a Local Street Maintenance and Improvement Reporting Form and Audit Reporting Form for eligible expenditures of 18 percent funds covering FY 2017-18 and FY 2018-19?

YES NO N/A
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Attachment: 2020-2021 GMP Checklist Orinda (3046 : CCTA GMP Checklist 2020-2021) Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021

13. Other Considerations YES NO N/A
If the jurisdiction believes that the requirements of Measure J have been satisfied in a way not indicated on this checklist, has an explanation been attached below?
Review and Approval of Checklist
This Measure J GMP Compliance Checklist was prepared by:

Signature Date
Name & Title (print)
Phone Email
The Council/Board of ___________ has reviewed the completed Checklist and found that the policies and programs of the jurisdiction as reported herein conform to the requirements for compliance with the Contra Costa Transportation Improvement and Growth Management Program.

Certified Signature (Mayor or Chair) Date
Name & Title (print)
Attest Signature (City/Town/County Clerk) Date
Name (print)
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Attachment: 2020-2021 GMP Checklist Orinda (3046 : CCTA GMP Checklist 2020-2021) Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021
Supplementary Information (Required)

1. Action Plans
a. Please summarize steps taken during the reporting period to implement the actions, programs, and measures called for in the applicable Action Plan for Routes of Regional Significance:
b. Attach, list, and briefly describe any General Plan Amendments that were approved during the reporting period. Please specify which amendments affected ability to meet the standards in the Growth Management Element and/or affected ability to implement Action Plan policies or meet Multimodal Traffic Service Objectives (MTSOs). Indicate if amendments were forwarded to the jurisdiction’s RTPC for review, and describe the results of that review relative to Action Plan implementation:

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Attachment: 2020-2021 GMP Checklist Orinda (3046 : CCTA GMP Checklist 2020-2021) Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021
Provide a summary list of projects approved during the reporting period and the conditions required for consistency with the Action Plan:

2. Development Mitigation Program
a. Describe progress on implementation of the regional transportation mitigation program:

3. Address Housing Options
a. Please attach a report demonstrating reasonable progress in providing housing opportunities for all income levels. (Note: A copy of the local jurisdiction’s annual report (Tables A thru C) to the state Department of Housing and Community Development (HCD) is sufficient).

PLEASE ADD ATTACHMENTS TO END OF PDF
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Attachment: 2020-2021 GMP Checklist Orinda (3046 : CCTA GMP Checklist 2020-2021) Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021
Please attach the jurisdiction’s adopted policies and standards that ensure consideration of and support for walking, bicycling, and transit access during the review of proposed development.

PLEASE ADD ATTACHMENTS TO END OF PDF

4. Traffic Impact Studies
Please list all traffic impact studies that have been conducted as part of the development review of any project that generated more than 100 net new peak hour vehicle trips. (Note:

Lower traffic generation thresholds established through the RTPC’s Action Plan may apply).

Note whether the study was consistent with the Authority’s Technical Procedures and whether notification and circulation were undertaken during the environmental review process.

5. Participation in Cooperative, Multi-Jurisdictional Planning No attachments necessary
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Attachment: 2020-2021 GMP Checklist Orinda (3046 : CCTA GMP Checklist 2020-2021) Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021

6. Five-Year Capital Improvement Program
Please attach the transportation component of the most recent CIP version, if the Authority does not already have it. Otherwise, list the resolution number and date of adoption of the most recent five-year CIP.

7. Transportation Systems Management Program
Please attach a copy of the jurisdiction’s TSM ordinance or list the date of ordinance or resolution adoption and its number.

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Attachment: 2020-2021 GMP Checklist Orinda (3046 : CCTA GMP Checklist 2020-2021) Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021

8. Adoption of a voter-approved Urban Limit Line
The local jurisdiction’s adopted ULL is on file at the Authority offices. Please specify any actions that were taken during the reporting period regarding changes or modifications to the voter approved ULL, which should include a resolution making a finding of consistency with Measure J and a copy of the related public hearing notice.

9. Adoption of the Measure J Growth Management Element
Please attach the adopted Final Measure J Growth Management Element to the local jurisdiction’s General Plan or list the date of ordinance or resolution adoption and its number.

10. Posting of Signs
Provide a list of all projects exceeding $250,000 within the jurisdiction, noting which ones are or were signed according to Authority specifications.

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Attachment: 2020-2021 GMP Checklist Orinda (3046 : CCTA GMP Checklist 2020-2021) Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021

11. Maintenance of Effort (MoE)
Please indicate the jurisdiction’s MoE requirement and MoE expenditures for the past two fiscal years (FY 2019-20 and FY 2020-21). See the Instructions to identify the MoE requirements.

12. Submittal of LSM Reporting Form and Audit Reporting Form Please attach LSM (Summary) Reporting and LSM Audit (Detail) Forms for FY 2019-20 and FY 2020-21.

PLEASE ADD ATTACHMENTS TO END OF PDF

13. Other Considerations
Please specify any alternative methods of achieving compliance for any components for the Measure J Growth Management Program
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Attachment: 2020-2021 GMP Checklist Orinda (3046 : CCTA GMP Checklist 2020-2021) City of Orinda
Measure J Growth Management Program
Compliance Checklist for Calendar Years
2020 and 2021
Supplementary Information – Attachments
Use the following web link to access the Attachments.
https://www.cityoforinda.org/DocumentCenter/View/4008/Attachments-for-Measure-J-GrowthManagement-Program-Compliance-Checklist-for-Calendar-Years-2020-and-2021 The first page of the linked document includes a Table of Contents which references the Checklist supplementary information sections and shows the page number of the pdf document, which is shown in the toolbar at the top of the AdobeAcrobat window. Page numbers for pdf document are also shown in the upper right corner of each page (in red), and will not match page numbers within individual documents (reports, resolutions, etc.) F.5.b
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Attachment: Checklist Supplementary Information - Attachments weblink (3046 : CCTA GMP Checklist 2020-2021)

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

Directing the Mayor of the City of
Orinda to Certify the Contra Costa
Transportation Authority Growth
Management Program Compliance
Checklist for 2020 & 2021.
)
) Resolution No. 18-23
)
)
)
WHEREAS, County Measure J requires each jurisdiction in Contra Costa County to demonstrate compliance by completing a biennial checklist and submitting it to the Contra Costa Transportation Authority; and
WHEREAS, the City of Orinda has adopted a Growth Management Element, traffic level of service standards, performance standards, development mitigation program, Transportation Systems Management Ordinance, and urban limit line; has participated in ongoing cooperative, multi-jurisdictional planning process; and WHEREAS the City of Orinda has proactively implemented the policies and implementation measures of the City’s adopted Housing Element; and WHEREAS, the City of Orinda has satisfied all requirements necessary to be found in compliance with the Growth Management program;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby authorize the Mayor to certify the 2020 and 2021 Contra Costa Transportation Authority Growth Management Program Compliance Checklist, indicating thereby the City’s compliance with the County Measure J Growth Management Program.

Adopted by the City Council of the City of Orinda at a regular meeting on March 7, 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

Inga Miller, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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Attachment: Resolution 18-23 Certifying 2020 & 2021 Measure J Checklist (3046 : CCTA GMP Checklist 2020-2021) City Council
Staff Report
Agenda Item: F.6
Date: March 7, 2023
Department: Police Services
AGENDA TITLE: Authorization to Waive Formal Bidding And Purchase Two Replacement Police Patrol Vehicles Including Equipment and Installation RECOMMENDATION:

BACKGROUND:

The City is responsible for providing the fleet of vehicles used by Police personnel under the contract with the Contra Costa County Office of the Sheriff. The City attempts to approach the replacement on the basis of getting the longest service out of the vehicle before it is replaced and also reuses emergency equipment when possible. The fleet size and rotation for Police Services needs to take into consideration several unique factors, which may not be applicable to non-specialized vehicles used by other departments including:
o Some vehicles are outfitted with specialized equipment based the primary use of the vehicle (i.e. traffic unit; command vehicle). o Need for adequate availability to accommodate vehicles out of service (both planned maintenance and unplanned collision or equipment failure) Short term rentals are not an option for temporary coverage when marked emergency vehicles are out of service.
o Need to have available units for times when staffing is increased for special operations and/or police attendance at public events (including parades, street closures, etc.).
o Need to have units available to overlap at shift change, when units may need to remain in the field past the assigned shift.
o The two Police vehicles are currently available at Folsom Chevrolet.

Other options are built based on orders received and Ford is not currently taking orders for 2023 models and will not begin taking orders for 2024 models for several months resulting in no immediate available supply requiring at least a 12 month delivery window.

The City currently has 3 Unmarked / Assigned vehicles used for Investigations and the Chief. There are 2 Special Purpose Vehicles (Command Unit and Traffic Unit) and 5 Marked Patrol vehicles. The City tries to vary the number of vehicles purchased per year in order to avoid a large turnover in a single year.

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Each year as part of the City Operating Budget, charges are made to departments that operate vehicles, with the funds set-aside in a Fleet Replacement Internal Service Fund.

The concept is to avoid creating an impact on the General Fund for the full cost of a new vehicle in the year that it is replaced. Included in the Fiscal Year 2022-2023 Capital Improvement Program is Project #0020 Vehicle Replacement. The Project includes the replacement of two police vehicles in the current Fiscal Year.

DISCUSSION:

The two oldest marked patrol vehicles are 2016 Ford Explorers (Unit #’s 83 and 84), and by the time the proposed replacement vehicles are in service they will be approaching seven years of use. This is not typical of most marked police patrol vehicles which usually have a life of five years. The following table provides a snapshot of the current Police Fleet:

Current City of Orinda Police Fleet (March 2023)
Unit # Model Assignment Acquisition Date Age Appr. Mileage 83 2016 Ford Explorer Marked Patrol 6/30/2016 7 96,310
84 2016 Ford Explorer Marked Patrol 6/30/2016 7 78,812
86 2014 Ford Edge Unmarked Investigations 6/30/2015 8 112,125 87 2014 Ford Edge Unmarked Investigations 6/30/2015 8 80,095 89 2017 Ford Explorer Marked Patrol 9/30/2017 6.5 63,749 90 2017 Ford Explorer Marked Patrol 1/19/2018 5 71,619
91 2020 Chevy Tahoe Marked Patrol (Sergeant) 12/4/2019 3 12,157 92 2020 Ford Explorer Marked Patrol 12/1/2020 2 28,926
93 2021 Ford Explorer Marked Patrol 4/2/2021 2 16,707
94 2021 Ford Explorer Unmarked (Chief) 7/11/2022 1 14,892 Purchasing Policy Requirements
The Orinda Municipal Code, Section 2.08.070, requires that purchases more than $60,000 must be approved by the City Council. The City Council has also adopted Orinda Purchasing Policy on January 10, 2017 as part of Resolution 07-17. Section 6.3 of this policy contains a specific provision for the City to acquire goods and services through cooperative purchasing agreements with other government agencies. Further the policy allows upon approval, a contract for purchases or services from a sole source can be approved. The policy notes that sole source purchases usually occur because of the technology required, or the uniqueness of the goods and services.

Vehicle Purchase Folsom Chevrolet (Folsom, CA)
The recommended vehicle replacements consists of two, white, 2023 Chevrolet Tahoe’s (including Police Patrol Packages). Folsom Chevrolet has provided the City with a quote for the vehicles. The units are available with pricing established under an agreement with the County of Ventura that was awarded in November 2015 and the County of Contra Costa. The base cost of the vehicles including delivery and documentation is F.6
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$106,398. Sales taxes are estimated to be $9,302 resulting in a total purchase cost of $115,700.

Outfitting / Emergency Equipment Purchase
Because the 2023 model Chevrolet Tahoe’s are a different body type than the Ford Explorer’s they will replace, a full replacement is required of all the equipment in the vehicles. Typically, if there is little change in the models the equipment can be reused on the replacement vehicle for 2-3 replacement cycles. As a result the cost to outfit the new vehicles is more than was anticipated when the CIP was prepared. The City will need to obtain the typical outfitted equipment (lights, radio, speakers, partition, cargo area deck, push bars, gun rack etc.).

Both the City of Orinda and the City of Lafayette have obtained police vehicle outfitting from LEHR, an emergency vehicle outfitter in Pittsburg, CA. Orinda Police obtained a quotation for outfitting the vehicle from LEHR. Outfitting an emergency vehicle involves a number of integrated components and equipment which makes preparing a specific request for bids difficult. The total including equipment, taxes, plus labor both installing new components and stripping equipment from the old vehicles so that they can be retired from service as Police vehicles is approximately $26,000 per vehicle for a total of approximately $52,000. The cost of obtaining the vehicle markings is estimated to be an additional $1,000 per vehicle, for a total of $2,000 and this would be provided by a separate vendor.

Total Replacement Cost
The total combined cost to purchase the vehicles and obtain and install the emergency equipment is as follows:

Base Vehicle $ 115,700
Outfitting / Emergency Equipment 52,000
Decals / Vehicle Markings 2,000
Contingency 1,000
TOTAL $ 170,700
This exceeds the amount of funds appropriated in the CIP by $65,000. Staff have prepared a Budget change to increase the authorized budget (Attachment A). The funding for this expense is the Vehicle Replacement Fund. Given the higher costs incurred with replacement vehicles, this could impact future annual operating costs in terms of the required contributions for replacement.

Action Required
The amount of the vehicle purchases and outfitting exceeds the City Manager purchasing authority and would also require a bid procurement without City Council approval. It is recommended that the City Council waive the requirement to conduct a bid based on the provisions in the City purchasing policy allowing for cooperative public agency purchasing and also allow for the sole source bid from LEHR to outfit the vehicle. A resolution authorizing the purchase is attached as Attachment B.

Disposal of the Two Surplus Vehicles
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The City Manager is authorized to direct Staff to arrange with a public auction service to sell the vehicles. Any proceeds from selling a vehicle will be deposited in the Vehicle Replacement Fund.

FISCAL IMPACT:

The total cost of the vehicles including outfitting with emergency equipment is estimated to cost $170,700. Staff recommend that the City Council authorize a budget change in the amount of $65,000, which provides adequate budget to replace the vehicles.

ATTACHMENTS:

A. Budget Change Form 009-23
B. Resolution 21-23 Police Vehicle Replacement
Respectfully Submitted by:

Ryan Sullivan
Police Chief
Prepared By: Sheri Smith, City Clerk
Approved by:

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CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2022/2023
Funds Appropriated Yr 2 of Biennial Budget Adopted 6/29/2021 CHANGE FORM # 009-23
New Appropriations (City Council Approval Required): Budget Transfers:

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

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

BUDGET ACCOUNT
(Revenue / Expense)

INCREASE
AMOUNT

DECREASE
AMOUNT
Increase of Budgeted Expense in FY 2022‐23
605‐20‐00‐7997‐0020

VEHICLE REPLACEMENT FUND / POLICE / NO PROGRAM / VEHICLE

PURCHASED / VEHICLE REPLACEMENTS
$65,000

As Presented at the City Council Meeting on: 3-07-2023
#################(Finance Use Only)###################
NOTE: FY 2023 Not In System – NEED TO INCORPORATE WITH MID-CYCLE ADJ Posted By: Date:

REASON FOR BUDGET CHANGE ENTRY: .At he City Council meeting on March 7, 2023, City Council was presented with changes to the adopted Budget in order to facililtate the purchase and outfitting of two new Police Patrol vehicles (Chevy Tahoe) replacing and retiring vehicles # 83 & #84 (Ford Explorer).

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Attachment: Budget Change Form 009-23 (3053 : Purchase of Police Patrol Vehicles)

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

Authorize staff to purchase two )
Replacement Police vehicles and )
The purchase and installation of ) Resolution No. 21-23 Equipment at a total )
Cost of $170,700 )
WHEREAS, the Fiscal Year 2022-2023 Budget includes an appropriation of $105,700 from the Vehicle Replacement Fund for the purchase of two replacement Police vehicles as identified in the Capital Improvement Plan (CIP) Project #0020; and WHEREAS, the cost of the vehicles including the equipment and installation exceeds the budget included in the CIP by $65,000 requiring a budget adjustment; and WHEREAS, as presented to the City Council a Budget Change is recommended to authorize the use of additional Fleet Replacement Fund Reserves; and WHEREAS, staff has received a quote from Folsom Chevrolet of Folsom CA in the amount of $115,700 for two 2023 Chevrolet Tahoe’s (Police Patrol Package) based on a bid from another public agency;
WHEREAS, staff obtained a specialized quotation from LEHR for the purchase and installation of equipment, which is approximately $52,000.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Orinda does hereby authorize staff to purchase two replacement vehicles not to exceed $170,700 which includes equipment as described in the Staff Report on March 7, 2023.

Adopted by the City Council of the City of Orinda at a regular meeting on March 7, 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

Inga Miller, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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Attachment: Resolution 21-23 Police Vehicle Replacement (3053 : Purchase of Police Patrol Vehicles) City Council
Staff Report
Agenda Item: H.1
Date: March 7, 2023
Department: Finance
AGENDA TITLE: Quarterly Financial Report (2nd Qtr FY 2022-2023) and Mid-Year Budget Adjustments
RECOMMENDATION:

BACKGROUND:

This report provides information based on the results of the first six months of the Fiscal Year (July 1, 2022 – December 31, 2022). It includes a detailed analysis of General Fund performance compared to the Budget as well as a discussion of proposed budget adjustments. The good news is that the General Fund appears to be performing as anticipated when the budget was updated in June of 2022, and only minor adjustments are being proposed as part of this process. As discussed in this report, the City has a practice of adopting a balanced General Fund budget and making minor modifications to address unanticipated items and or changing trends.

Financial Planning Cycle
The City Council establishes a Budget on a two-year cycle. The Fiscal Year begins on July 1st and ends on June 30th. Fiscal Year 2022-23 is the second year of the two year cycle. Since the Budget is based on estimates and forecasts, a periodic review of budget to actual performance is appropriate to identify deviations in the financial plan.

Typically, with a full six months of data available the mid-year Budget Report also includes any recommended budget adjustments to the financial plan. The adjustments are proposed based on historical trends as well as actual results.

General Fund
The General Fund is the primary operating fund for the City, and it also allows for the most discretionary use of funds. As the core support for City operations, the General Fund is the focus of the initial portion of this report (Including Attachments A – D).

The General Fund activity presented includes both the Local ½ Cent Add-On Sales Tax and the Local 1 Cent Add-on Sales Tax revenues and expenditures used primarily for street & drainage projects and fire mitigation programs. For Annual Comprehensive Financial Reporting (ACFR) purposes these funds are also reported as part of the General Fund. However, the City also tracks these activities in separate sub-funds (#105 & #106). In the more detailed sections of the attachments to this report, Revenue H.1
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and Expense associated with the Add-On Sales Taxes are identified separately (Attachment E).

High Level Revenue & Expenditure Summary – Attachment A The first attachment to the Report provides a high-level summary of General Fund Revenue and Expenditures (See Attachment A.) The revenues are broken down by major “types” and expenditures are shown by Department. As shown on Attachment A, as of December 31, 2022, in the General Purpose portion of the General Fund (excludes both Add-On Sales Taxes), the City recorded collection of approximately

39.4% of the Budgeted Revenue and spent 44.6% of the Budgeted Expenditures.

Revenue
The following summarizes the total revenue collected in the first six months of the current fiscal year (a detailed breakdown is shown in Attachment B). As shown below, total revenue is roughly 11% higher than the previous year when looking at the total amount. The increase in the “General Purpose” component will be discussed in more detail later in the report. The 1/2 Cent Add-On Sales Tax variance is primarily a function of the timing of tax collection implementation (1/2 cent tax ceasing) and Measure R 1 Cent Add-On Sales Tax reflecting the higher cost of automobiles (and gasoline) in the current marketplace.

Revenue Collected First 6 Months Fiscal Year (2022 vs 2023) The following Chart compares the actual revenue collected in the first six months based on type. As will be discussed in more detail, Taxes are slightly exceeding the prior year comparison, but the most significant gain can be found in revenue generated by Parks and Recreation. The Revenue Detail Narrative section of Attachment B provides analysis on significant variance items.

General Fund Revenue by Type (July – December)
FY2021-22 Compared to FY2022-23
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Expenditures
The following summarizes the total General Fund expenditures in the first six months (a detailed breakdown by type of expense is shown in Attachment C; and a breakdown by Department is contained in Attachment D). As shown below the total expended from July 2022 – December 2022 was approximately $10.3 million. The “General Purpose” component was $0.6 million more than the prior year, while total “Add-On” Sales Tax (combined #105 & #106) expenditures increased from the prior year amount by approximately $2.4 million. The “Add-On” Sales Tax expenditures are primarily associated with Capital Project expenditures which do not always follow a consistent pattern from year to year. The increase in General Purpose expenditures were anticipated and reflect the higher cost of labor as well as the impact of high inflation.

Six Month Expenditure Comparison
Fiscal Year 2021-22 vs 2022-23
FY 2021-22 FY 2022-23
Fund July-Dec 2021 July-Dec 2022 Variance
General Purpose (#100) $ 6,715,678 $ 7,360,142 $ 644,463 1/2 Cent Add-On Sales Tax (#105) 72,924 776,544 703,620 1 Cent Add-On Measure R (#106) 525,150 2,208,735 1,683,584 Total $ 7,313,752 $ 10,345,420 $ 3,031,668
The following Chart compares the actual General Fund expenditures in the first six months based on the type of expense. The slight increase in spending for the first six months of the fiscal year was anticipated and underscores the increased cost of service delivery and higher activity level across programs. The increase in Add-On Sales Tax expenditures were primarily the result of timing associated with Capital Project expenditures.

General Fund Expenditures by Type (July – December)
FY2021-22 Compared to FY2022-23
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Budget To Actual Performance
The Budget serves as a Fiscal Plan for the City. Given that budgets are based on estimates and forecasts, it is very important to evaluate how the first six months of actual activity compares to the planned Revenue and Expenditures. The following highlevel analysis will focus on the General Purpose General Fund Budget to Actual.

Revenue Compared to Budget
Revenue collected as of December 31, 2022 was approximately 39.4% of the Budget. ($6.4 million received compared to $16.2 million budget). By comparison for the same period in the prior fiscal year, the City had collected 36% of the Fiscal Year 2021-2022 actual revenue.

FISCAL YEAR 2022-23 GENERAL FUND ACTUAL REVENUE (FUND #100)

COMPARED TO BUDGET
Although some revenue items are trailing forecasts, others are outperforming expectations. Staff is not recommending adjustments (up or down) to any revenue H.1
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items during this mid-year review as there is no significant event or trend which warrants such treatment.

Expenditures Compared to Budget
General Purpose General Fund operating expenditures as of December 31, 2022 were approximately 44.6% of the Budget. ($7.0 million actual expense compared to the $15.8 million budget). By comparison for the same period in 2021, the City had recorded expenditures totaling 48.0% of the Fiscal Year 2021-2022 actual expenditures.

As will be discussed in a later section, the Mid-Year recommended expenditure budget adjustments consist of only two items, both increases, with a total recommended increase in Fiscal Year 2022-2023 authorized expenditures of $276,225 in the General Purpose General Fund.

The following Chart displays the December 31, 2022, expenditures by Department compared to the current Budget. Attachment D provides a detailed line-item view of the Budget Compared to Actual Expense. The majority of Departments are at or below 50% of the Budget which would be expected halfway through the Fiscal Year. The most significant deviations are:
• Parks & Recreation/ Facilities (51% Budget) is trending high due to the increased demand for recreation services and the associated costs of providing those services, primarily the additional cost of contract instructors. As a point of reference, revenue from recreation classes is outpacing prior year revenue by more than $100,000 during the first six months of the year.
• Police Services (33.5% Budget) and City Attorney Services (32% of Budget) are provided under contract. There is a billing lag which results in less than 50% of the budget spent as of December 31st. These expenses are tracking as expected, barring unanticipated litigation. • The City Attorney’s budget shows capacity to commit some time to proactively addressing some elements of a growing list of miscellaneous code amendments which are required and a level of support for the Plan Orinda implementation now underway, with the full budget potentially expended this year as a result.
• Non- Departmental Services (86% Budget) includes the semi-annual City Hall Debt Service payments which was made as of December 31, 2022.

GENERAL FUND (FUND #100) ACTUAL EXPENDITURES COMPARED TO BUDGET By Department as of December 31, 2022
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Revenue Detail (Including Comparison to Prior Year) Attachment B Attachment B provides a detailed breakdown of the revenue collected in the first six months of the year compared to the Budget. Given the uneven distribution throughout the year, it is helpful to examine the actual revenue collected in the first six months of the previous Fiscal Year. Following the detailed financial information provided on Attachment B is additional narrative analysis of key areas of deviation.

Expense Detail by Type (Including Comparison to Prior Year) Attachment C Attachment C provides a breakdown of all General Fund expenditures by “type”. For Example, Salaries & Benefits, Contractors, Materials & Supplies, Vehicle Expense, Special Department Expense, and Add-On Sales Tax Expense. Similar to the Revenue Detail, this schedule also provides a comparison to actual activity in the first six months of the previous Fiscal Year. As shown in the Chart below over 65% of the expenditures as of December 2022 were in: Salaries & Benefits, Contract Services, and Special Department Expenses. Measure L and Measure R account for 30% with a majority of that being Capital Projects. The remaining operating categories include debt service and internal charges for Fleet Replacement; Building Services; Information Technology; and Risk Management.

Comparison of Major Expenses by Type as of December 31, 2022 H.1
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DISCUSSION:

As shown on Attachment A, the current General Fund (Fund #100 only) Budget projections show expenditures and net transfers are in excess of revenues by $547,231.

Of this amount, $900,000 of Transfers Out are of a one-time nature and are appropriately intended to utilize accumulated fund balance as discussed at the MidCycle Budget Update adopted in June 2022. Factoring this one-time item (which is coming from available accumulated Fund Balance) out of the equation, the City is expecting an operating surplus of $352,769 before any proposed adjustments.

Proposed Budget Adjustments
Based on the performance to date, Staff is recommending two budget adjustments in the General Fund (Fund #100). No other adjustments are recommended at this time.

In the event unforeseen circumstances arise, and additional budget appropriations are deemed necessary, Staff will bring each of those items to Council for approval as the situation warrants.

Staff is recommending two adjustments with a total expenditure increase of $276,225.

These changes result in no anticipated change to reserves. As shown in the Table below, revenues remain in excess of operating expenditures. The overall spending plan for the General Fund remains balanced. The following Table shows the impact of the proposed General Fund Mid-Year changes:

General Fund Change In Fund Balance After Proposed Adjustment (Excludes $900,000 Transfer Out From Reserves)
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Although the estimated variance is positive it should be noted that the budget relies on estimates and it is expected that final results will vary. $900,000 of “Transfers Out” are being excluded from the calculation above because they represent funding transfers from accumulated reserves as discussed when the Mid-Cycle Budget Update was presented in June 2022. These one-time transactions were approved for Fleet Internal Service Fund #605 ($300,000), Long-term and General Plan Fund #612 ($300,000) and Road & Drainage Stabilization Fund #704 ($300,000).

General Fund Adjustments Expenditures
The proposed expenditure budget adjustments are also detailed in Attachment F. The following is a list of the net increase or decrease proposed by department. The list includes a brief comment on the most significant contributing factor(s). + $150,000 Public Works and Facilities- Heavy winter storms resulted in the City declaring a Local State of Emergency due to significant damage to private and public property. Public property which required immediate response and repair is listed below:
1) Sinkhole at bike lane fronting 190 Moraga Way
2) Shoulder/road edge failure near 57 Tarry Lane
3) Landslide at Cedar Lane (potential road impacts)
4) Sinkhole/48” storm drain pipe failure at 7 North Lane 5) Damaged storm drain pipe under Miner Road south of Camino Don Miguel 6) City Building-water intrusion impacts to Community Center and City Hall 7) Failed retaining wall on Camino Sobrante
Unanticipated costs associated with the clean-up and repair activities for these seven items is currently $190,000 including staff costs of almost $90,000. Although the staffing costs were already programed into the budget, the $100,000 already expended was not. And it is anticipated that at least another $50,000 may be spent on these efforts before June 30, 2023. The total cost estimate to complete the repairs is roughly $1.5 million. The extent of funding through reimbursement programs (OES and FEMA) is not currently known and the timing of when complete repairs are necessary has also not been determined. This will be addressed when the new biennial budget and CIP are developed this spring and the additional funding is simply meant to get us through the end of this fiscal year.
+$126,225 Parks and Recreation – A return to pre-pandemic demand for recreation services has resulted in the need to restore staffing which was reduced at the onset of the pandemic. In order to prepare the City for the financial impacts of COVID, and in H.1
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anticipation of a severe reduction in demand for recreation services, a .5 full time equivalent (FTE) Recreation Supervisor II and a .5 FTE Administrative Assistant II positions were eliminated from Park & Recreation Department staffing in Fiscal Year 2020-21. By the end of last fiscal year, revenue generated by the Parks and Recreation Department returned to pre-pandemic levels and that trend is continuing the first six months of this fiscal year. The increased workload of servicing that demand is not sustainable with the current staffing levels. Restoring the eliminated positions with 1.0 FTE Recreation Coordinator would best fit the organizational need and have a slightly reduced cost as outlined below:

The proposed adjustment assumes appointment at the middle of the salary range for an entire year. Staff anticipates that the actual cost for the current fiscal year will be much less than the proposed $126,225 since, if approved, we anticipate employment of only 3 months in this fiscal year but felt it was important to show that there is financial capacity to carry this position for the entire fiscal year and still have a balanced budget.

Looking Forward
Staff is beginning the process for development of the City’s next two year budget which will be for the 2023/24 and 2024/25 fiscal years. The 2022/23 Mid-Year update also represents an initial opportunity for the City Council to identify any ideas which they might like staff to consider as part of the development of the next two-year budget. The recent strategic planning workshop and the report from that which will also be coming back on a future agenda will also be an opportunity to craft and refine priorities.

FISCAL IMPACT:

The details of the Fiscal Impact have already been discussed above. The proposed adjustments to the Budget include both increases and decreases of both revenue and expenditures.

ATTACHMENTS:

A. Summary of General Fund Rev & Exp Jul-Dec
B. General Fund Revenue Summary Jul-Dec
C. General Fund Expenditure Summary Jul-Dec
D. General Fund Expenditure by Department Jul-Dec
E. Detail Add-On Tax Expenditures (Measure L and R Sales Tax) F. Budget Change Form
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Respectfully Submitted by:

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

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City of Orinda
SUMMARY - General Fund* Revenue And Expenditures
(*Including Add-On Sales Tax Funds)
From 7/1/2022 Through 12/31/2022
YTD Actual
Jul-Dec 2022
2022-23
Adopted
Budget
Budget to Actual
Variance
% YTD OF
BUDGET
REVENUES - Fund #100- General Fund
Taxes 4,628,255 $ 12,372,525 $ 7,744,270 $ 37.4%
Rents & Interest 99,578 203,235 103,657 49.0%
Miscellaneous 5,040 8,000 2,960 63.0%
Police - Fees & Fines 28,485 67,100 38,615 42.5%
Engineering Permits - Fees 177,073 261,000 83,927 67.8% Recreation Fees & Rentals 902,649 1,957,000 1,054,351 46.1% Development Services Fees 554,927 1,348,100 793,173 41.2% TOTAL REVENUE 6,396,006 $ 16,216,960 $ 9,820,954 $ 39.4% EXPENDITURES - Fund #100 - General Fund
00 - Non-Departmental (Excl Transfers) $ 565,243 $ 689,019 $ 123,776 82.0% 10 - City Management 291,693 558,992 267,299 52.2%
12 - City Attorney 206,138 645,000 438,862 32.0%
15 - City Clerk 171,240 375,957 204,717 45.5%
17 - Administrative Services 569,838 1,209,003 639,165 47.1% 20 - Police Services 1,795,025 5,362,070 3,567,045 33.5% 35 - Public Works 1,048,249 2,269,179 1,220,930 46.2%
40 - Parks & Recreation / Facilities 1,788,881 3,509,599 1,720,718 51.0% 47 - Library 34,936 39,680 4,744 88.0%
55 - Planning 588,899 1,175,364 586,465 50.1%
TOTAL EXPENDITURES Fund #100 $ 7,060,142 $ 15,833,863 $ 8,773,721 44.6% *Administrative Services = (Finance / Human Resources / Information Tech / General Services / Risk Management) OTHER SOURCES / USES GENERAL FUND (Inter-fund Transfers) Transfer IN Fund #100 $ - $ 17,340
Transfer OUT Fund #100 (300,000) (947,668)
TOTAL OTHER SOURCES (Net) $ (300,000) $ (930,328)

GENERAL PURPOSE GENERAL FUND
NET CHANGE IN FUND BALANCE TO DATE $ (964,135) $ (547,231) (Revenue - Expenditures + Other Uses)

SUMMARY REVENUE / EXPENDITURES - ATTACHMENT A
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Attachment: Summary of General Fund Rev & Exp Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget City of Orinda
SUMMARY - General Fund* Revenue And Expenditures
(*Including Add-On Sales Tax Funds)
From 7/1/2022 Through 12/31/2022
YTD Actual
Jul-Dec 2022
2022-23
Adopted
Budget
Budget to Actual
Variance
% YTD OF
BUDGET
MEASURE L (Voter Approved Nov 2012 Collected Until March 31, 2021) REVENUES - Fund #105- 1/2 Cent Add-On Sales Tax
Taxes 9,538 $ - $ (9,538) $
Interest 9,534 1,000 (8,534) 953.4%
Project Reimbursement Utilities 35,700 0 (35,700)
TOTAL REVENUE FUND #105 $ 54,772 $ 1,000 $ (53,772) 5477.2% EXPENDITURES - Fund #105 - 1/2 Cent Add-On Sales Tax
Capital Project Measure L (Add-On Sales Tax) 776,544 $ 2,203,500 $ 1,426,956 $ 35.2% TOTAL EXPENDITURES FUND #105 $ 776,544 $ 2,203,500 $ 1,426,956 35.2% Measure L Add-On Sales Tax (1/2 Cent)
NET CHANGE IN FUND BALANCE TO DATE $ (721,772) $ (2,202,500) (Revenue - Expenditures + Other Uses)
MEASURE R (Voter Approved November 2020 Replaced Measure L Beginning April 1, 2021) REVENUES - Fund #106- 1 Cent Add-On Sales Tax
Taxes 1,206,911 $ 3,392,750 $ 2,185,839 $ 35.6%
Interest 9,546 6,300 (3,246) 151.5%
TOTAL REVENUE FUND #106 $ 1,216,458 $ 3,399,050 $ 2,182,592 35.8% EXPENDITURES - Fund #106 - 1 Cent Add-On Sales Tax
Capital Project Measure L (Add-On Sales Tax) 2,208,735 $ 4,039,299 $ 1,830,564 $ 54.7% TOTAL EXPENDITURES FUND #106 $ 2,208,735 $ 4,039,299 $ 1,830,564 54.7% Add-On Sales Tax (1/2 Cent and 1 Cent)
NET CHANGE IN FUND BALANCE TO DATE $ (992,277) $ (640,249) (Revenue - Expenditures + Other Uses)
COMBINING SUMMARY GENERAL FUND #100 PLUS ADD-ON SALES TAX FUNDS (#105 AND #106) COMBINED TOTAL REVENUE $ 7,667,236 $ 19,617,010
COMBINED TOTAL EXPENDITURES 10,045,420 22,076,662
OTHER USES NET (300,000) (930,328)
REVENUE OVER / (UNDER) EXPENSE & USES (2,678,184) $ (3,389,980) $

SUMMARY REVENUE / EXPENDITURES - ATTACHMENT A
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Attachment: Summary of General Fund Rev & Exp Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget CITY OF ORINDA GENERAL FUND* REVENUE SUMMARY
Quarter 2 (July - December 2022) With Comparison To Prior Year (*General Fund = General Fund #100 ; Add-On Sales Tax(Measures L & R Funds #105 & #106)

CURRENT FISCAL YEAR
REVENUE Acct YTD Actual
Jul-Dec 2022
Adopted
Budget 2022- % Budget YTD Actual
Jul-Dec 2021
Fiscal Year
2021-22 Actual % Actual
GENERAL FUND #100
Property Taxes
Property Tax 4100 $ 3,671,083 $ 6,385,675 57% $ 3,367,923 6,205,065 54% Homeowners' Relief Tax 4101 - 31,850 0% - 32,125 0%
Documentary Transfer Tax 4102 125,282 600,000 21% 242,970 488,348 50% Property Tax in lieu of VLF 4103 - 2,755,000 0% - 2,507,071 0% Subtotal - Property Taxes 3,796,365 9,772,525 39% 3,610,893 9,232,609 39% Sales Taxes
Sales Tax 4105 472,901 1,340,000 35% 405,931 1,407,977 29% Subtotal - Sales Taxes 472,901 1,340,000 35% 405,931 1,407,977 29% Other Taxes - TOT / Franchise
Transient Occupancy Tax 4106 6,211 35,000 18% 13,866 42,920 32% Franchise Taxes 4107 352,777 1,225,000 29% 303,589 1,198,111 25% Subtotal - Other Taxes 358,989 1,260,000 28% 317,455 1,241,030 26% Rents & Interest
Excl. Bonds to Market(Yr End Unrealized)* - - - -
Interest Revenue 4110 57,731 125,000 46% 43,146 104,951 41% Lease Agreements 4111 12,789 20,500 62% 10,479 22,195 47% Library Lease 4112 29,058 57,735 50% 28,218 56,435 50%
Subtotal - Rents and Interest 99,578 203,235 49% 81,843 183,581 45% Miscellaneous Revenue
State Mandate Reimb 4120 - - 1,394 1,394
Miscellaneous Revenue 4190 2,352 1,500 157% 19,840 22,149 90% Other Revenue 4999 - 1,000 0% - -
Grants - Federal CARES ACT 4357 - - - -
Reimbursements Admin 4790 2,688 5,500 49% 15 3,515 0%
Subtotal - Miscellaneous 5,040 8,000 63% 21,249 27,058 79% Police - Fees and Fines
Miscellaneous Fees 4199 200 5,100 4% 270 270 100%
Fingerprinting Fees 4200 5,810 1,000 581% 152 2,086 7%
Impound Recovery Fees 4203 930 3,000 31% 2,010 3,250 62% Vehicle Abatement Fees 4231 2,715 8,000 34% 2,272 2,272 100% Vehicle Court Fines 4235 9,072 25,000 36% 10,147 21,215 48% Parking Fines - Payment 4236 9,758 25,000 39% 7,821 19,564 40% Donations 4420 - -
Reimbursements 4790 - - -
Subtotal - Police 28,485 67,100 42% 22,672 48,657 47%
Engineering Permits - Fees
Miscellaneous Revenue 4190 378 1,000 38% 990 0%
Encroachment Permits 4330 94,592 100,000 95% 42,513 124,907 34% Engineering Fees 4333 20,207 60,000 34% 15,978 30,489 52% Project Reimbursement 4790 61,896 100,000 62% 66,107 179,744 37% Subtotal - Engineering 177,073 261,000 68% 124,598 336,130 37%

PRIOR FISCAL YEAR

ATTACHMENT B - REVENUE DETAIL
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Attachment: General Fund Revenue Summary Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget Adjustment) CITY OF ORINDA GENERAL FUND* REVENUE SUMMARY
Quarter 2 (July - December 2022) With Comparison To Prior Year (*General Fund = General Fund #100 ; Add-On Sales Tax(Measures L & R Funds #105 & #106)

CURRENT FISCAL YEAR
REVENUE Acct YTD Actual
Jul-Dec 2022
Adopted
Budget 2022- % Budget YTD Actual
Jul-Dec 2021
Fiscal Year
2021-22 Actual % Actual

PRIOR FISCAL YEAR
Recreation Fees and Rentals
Recreation Classes 4400 377,814 1,000,000 38% 267,511 1,009,792 26% Community Center Rentals 4410 118,976 170,000 70% 102,011 243,064 42% Sports Field Rentals 4415 167,712 500,000 34% 125,902 565,738 22% Miscellaneous Recreation 4419 785 1,000 79% 205 1,030 20% Donations 4420 2,515 1,000 252% 40 22,577 0%
Wagner Gym Rentals 4481 31,877 60,000 53% 6,300 42,188 15% Youth Sports Programs 4490 202,970 225,000 90% 137,907 321,684 43% Project Reimbursement 4790 - 684 684 100%
Subtotal - Receation 902,649 1,957,000 46% 640,560 2,206,757 29% Development Services Fees
Building Inspection Fees 4500 281,741 700,000 40% 290,250 768,218 38% Planning Fees 4501 132,374 400,000 33% 112,914 237,298 48% Construction Debris Recycling 4502 - - - -
Business Registration 4504 12,776 16,650 77% 10,961 17,397 63% Business Reg State Surchg 4505 1,091 1,450 75% 925 1,433 65% Project Reimb. - Legal 4790 105,614 150,000 70% 40,062 175,367 23% Project Reimb. - Planning 4790 21,332 80,000 27% 15,682 42,303 37% Subtotal - Development Svcs 554,927 1,348,100 41% 470,794 1,242,015 38% TOTAL REV. GENERAL FUND $ 6,396,006 $ 16,216,960 39% $ 5,695,995 $ 15,925,815 36% REVENUES - Fund #105- Add-On Sales Tax (1/2 cent Replaced 3/31/2021) Sales Tax - Local Add-On 4105 9,538 - 80,795 108,922 74% Interest Add-On Sales Tax 4110 9,534 1,000 953% 10,811 23,005 47% Project Reimb. - Utilities 4790 35,700 - - -
TOTAL #105 Add-On Sales Tax $ 54,772 $ 1,000 5477% $ 91,606 $ 131,927 69% REVENUES - Fund #106- Measure R Add-On Sales Tax (1 cent Effective 4/1/2021) Sales Tax - Local Add-On 4105 1,206,911 3,392,750 36% 1,094,114 3,671,575 30% Interest Add-On Sales Tax 4110 9,546 6,300 152% 1,502 11,186 TOTAL #105 Add-On Sales Tax $ 1,216,458 $ 3,399,050 36% $ 1,095,616 $ 3,682,761 30% COMBINING GENERAL FUND #100 PLUS ADD-ON SALES TAX FUNDS #105 & #106 GRAND TOTAL $ 7,667,236 $ 19,617,010 39% $ 6,883,218 $ 19,740,503 35%

ATTACHMENT B - REVENUE DETAIL
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Attachment: General Fund Revenue Summary Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget Adjustment) Narrative Analysis Accompanying Attachment B
General Fund Detailed Revenue
Fiscal Year 2022-2023 As of December 31, 2022
Revenue Detail (Including Comparison To Prior Year) Attachment B This report provides a narrative description of the key variances in General Fund Revenue as of December 31, 2022. The preceding tables provided a detailed line item breakdown of the revenue collected in the first six months of the year compared to the Budget. This section adds an additional explanation of key variances in each category of revenue.

Property Tax: Amounts collected are more than the previous Fiscal Year. Compared to the Budget the current year is running on par with the prior year. The largest variances area decreased collection of Documentary Transfer Tax, reflecting the state of the residential real estate market which has slowed considerably due to the current interest rate environment; and an increase in the Property Tax as the inflated values from the prior year’s record sales (volume and average value) begin to be paid in the current year.

Sales Tax: Based on the first six months the Sales Tax is projected to be tracking Budget and no change is recommended. The current projection is based on one quarter of actual sales (July – September) and estimates moving forward. The City uses the firm of HdL Companies to assist with sales tax monitoring. A significant portion of the projected year over year increases are related to increased gasoline prices and an increase in the portion of the tax allocated through the County pool.

Amounts allocated through the pool have benefitted from legislation implemented in the last several years to collect taxes from out of state on-line transactions.

Other Taxes:

This category is tracking very similar to last year and the largest component is Franchise Fees (Gas, Electric, Cable, Garbage). There is a lag in the collection timing since Gas and Electric franchise fees are paid annually in April. The increase in Franchise Taxes is due to the timing of payment of garbage franchise taxes. A small component of this category is Transient Occupancy Tax (TOT) collected from short-term rentals. In 2020 the City had collected only $5,800 from July to December and for the same period in 2021 approximately $14,000 was collected. This year collection has dropped back down to $6,211. This reflects the chaotic state of the travel industry which is still trying to normalize after the pandemic. The Mid-Year Budget recommends no changes in the Other Taxes category.

Rents and Interest:

This category of revenue is tracking as expected with the amount budgeted in the General Fund. It should be noted that interest rates are beginning to increase as a result of Federal actions and the general market. No adjustment is recommended for this category.

Police Fees and Fines:

Overall a net reduction in the revenue budget is proposed. Parking demand remains low post pandemic and therefore Parking Fines appear on track to have a similar (reduced) revenue as last year for this item and there are no plans to ramp up enforcement to a level.

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Attachment: General Fund Revenue Summary Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget Adjustment) Narrative Analysis Accompanying Attachment B
General Fund Detailed Revenue
Fiscal Year 2022-2023 As of December 31, 2022
Parks & Recreation Fees:

Although it will be interesting to see how the Pandemic changes consumer behavior in the Park and Recreation category, and although there could be corrections between line items, it appears that there currently is a healthy demand for recreation services. After careful consideration and consultation with the Parks & Recreation Director, no changes to this category are being proposed.

Add-On Sales Tax ½ Cent (Fund #105): To date this tax has been expended on roads and drains. No tax revenue was programmed for Fund #105 since the tax was discontinued in April of 2021. Although some revenue continued to be received as deferments, late payments, and corrections are processed by the State. No adjustments are being recommended and tax collection is expected to cease altogether. This revenue and any unspent funds from prior years will continue to be tracked separately until the entire balance is exhausted.

Add-On Sales Tax 1 Cent (Fund #106):

Revenue generated from the 1 Cent Add-on Sales Tax is on track to meet original projections and no adjustment is being recommended at this time.

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Attachment: General Fund Revenue Summary Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget Adjustment) CITY OF ORINDA GENERAL FUND* EXPENDITURE SUMMARY
Quarter 2 (July - December 2022) With Comparison To Prior Year (*General Fund = General Purpose Fund #100+#105 1/2 Cent Add -On Sales Tax +106 Measure R )

CURRENT FISCAL YEAR PRIOR YEAR ACTUAL
Expenditures Acct
YTD Actual
Jul-Dec 2022
Adopted Budget
2022-23
%
Budget
YTD Actual
Jul-Dec 2021
Fiscal Year
2021-22 Actual
%
Actual
Salaries & Benefits
Salaries & Wages 7055 $ 1,624,370 $ 3,571,335 45% $ 1,444,969 3,095,027 47% Comptime Payout 7056 - - - -
Leave/Float Holiday Payout 7057 13,607 62,774 22% 91,673 182,901 50% Standby Compensation 7060 6,992 14,022 50% 5,808 12,097 48% Overtime 7061 3,816 13,819 28% 1,372 3,389 40%
Accrued Comp Time 7062 - - - 7,297 0%
Accrued General Leave 7063 - 10,213 - (69,497) 0%
Temporary - Other 7079 93,898 255,000 37% 63,841 149,297 43% Medicare 7080 25,841 57,763 45% 23,815 50,879 47%
Unemployment Insurance 7081 3,002 20,000 15% 2,526 18,394 14% Worker's Compensation Ins 7082 93,016 131,100 71% 115,655 115,655 100% Medical & Dental Insurance 7083 201,016 581,913 35% 190,452 420,898 45% LTD & Life Insurance 7084 6,659 18,422 36% 6,183 14,600 42% Cash In Lieu 7085 26,999 49,309 55% 23,994 50,971 47%
Retiree Medical 7086 1,823 10,800 17% 20,155 21,970 92% Vehicle Allowance 7088 2,768 6,000 46% 2,800 6,032 46%
Retirement Plan 7089 264,274 590,264 45% 248,988 531,759 47% Subtotal - Salary & Benefits 2,368,080 5,392,734 44% 2,242,232 4,611,669 49% Contractors
Attorney - City General 7131 74,086 340,000 22% 99,873 293,664 34% Attorney - City Litigation 7132 855 100,000 1% (6,790) (6,396) 106% Attorney - Billed Services 7133 129,427 150,000 86% 38,255 173,640 22% Attorney - H R 7134 1,769 55,000 3% 8,642 2,349 368%
Software System Support 7135 80,632 146,570 55% 77,417 92,067 84% Audit - General 7138 10,714 39,700 27% 22,903 36,115 63% Contract Sheriff 7150 1,195,506 4,228,250 28% 1,273,378 3,351,177 38% Contract Sheriff - Overtime 7154 131,801 220,000 60% 167,715 366,140 46% Contract Sheriff - Dispatch 7157 40,594 136,000 30% 45,403 115,922 39% CCC Animal Control Contract 7165 76,026 152,055 50% 64,536 129,071 50% Temp Contract Staff 7170 13,676 - - 20,183 0%
Contracts (Cost Recovery) 7171 59,020 200,000 30% 37,193 123,628 30% Adult Enrichment Instructors 7172 41,978 200,000 21% 18,808 72,004 26% Program Instructors - Youth 7173 232,234 465,000 50% 174,649 424,699 41% Minutes - Contractor 7178 5,820 14,900 39% 4,020 10,575 38% Cleaning Services 7179 38,227 77,950 49% 34,541 93,220 37% Professional Services 7180 110,040 263,100 42% 149,054 360,962 41% Volunteer Center 7181 2,250 4,500 50% 2,250 4,500 50%
Graphic Design 7182 5,445 45,000 12% 930 9,523 10%
Printing Costs 7183 - 46,300 0% - 3,581
Guardrail Repair / Replace 7188 27,223 30,000 91% - 8,770 0% Drainage 7191 1,117 50,000 2% 26,942 71,676 38%
Hydrauger Cleaning 7192 - 15,000 0% - -
Tree Trimming 7196 17,735 80,000 22% 16,650 37,155 45%
Landscaping 7197 93,864 206,500 45% 85,457 237,544 36%
Pavement/Shoulder Repair 7198 - 60,000 0% 24,634 48,613 51% Striping/Marking 7199 132 10,000 1% 9,554 9,554 100%
Maintenance Right of Way 7534 2,746 15,000 18% 2,148 5,605 38% Repairs & Improvements 7540 85,649 53,320 161% 43,042 249,700 17% Total Contractors 2,478,565 7,404,145 33% 2,421,202 6,345,242 38%

ATTACHMENT C - EXPENDITURES BY TYPE
H.1.c
Packet Pg. 81
Attachment: General Fund Expenditure Summary Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget

CURRENT FISCAL YEAR PRIOR YEAR ACTUAL
Expenditures Acct
YTD Actual
Jul-Dec 2022
Adopted Budget
2022-23
%
Budget
YTD Actual
Jul-Dec 2021
Fiscal Year
2021-22 Actual
%
Actual
Materials & Supplies
Permit Fees 7129 - 1,000 0% - 7,385 0%
Supplies - Office 7200 6,117 21,825 28% 4,701 11,365 41% Supplies - General 7203 82,266 148,430 55% 75,910 190,590 40% Postage 7230 5,086 19,740 26% 3,785 12,820 30%
Maintenance - Office Equip 7290 - 200 0% - -
Maintenance - Other Equip 7291 1,003 5,700 18% 1,213 1,359 89% Maintenance - Copier 7292 1,648 22,950 7% 1,446 6,899 21% Maintenance - Building 7297 48,758 112,635 43% 27,273 114,272 24% Maintenance - Fields 7298 12,971 25,750 50% 2,922 25,794 11% Telephone Service 7300 88 250 35% 82 193 42%
Utilities - Gas 7302 9,646 18,490 52% 8,621 29,152 30%
Utilities - Electric 7303 78,987 133,020 59% 61,803 163,426 38% Utilities - Water 7304 75,064 159,550 47% 92,894 161,727 57% Utilities - Sewer 7305 14,023 9,280 151% 5,679 5,679 100% Utilities - Garbage -Landfill 7309 - - 1,210 3,982 30%
Taxes/Assessments 7310 1,529 3,200 48% 1,618 1,618 100% Cellular Service 7313 9,787 33,535 29% 15,413 26,513 58% Administrative Fees 7499 45,550 95,000 48% 32,120 123,874 26% FF&E (Less than $5,000) 7998 4,013 11,500 35% 2,576 2,576 100% FF&E (More than $5,000) 7999 - - - -
Total Materials & Supplies 396,538 822,055 48% 339,265 889,222 38% Special Department Expense
Insurance - Liability 7501 - 500 0% - -
Insurance - Property 7503 2,330 3,300 71% 2,073 2,539 82% Election Costs 7504 - 30,000 - 48 0%
Off-Site Storage 7506 3,447 8,800 39% 3,573 8,382 43%
Code/Legal Updates 7507 - 5,000 0% 36 74 48%
Legal Notices 7508 2,965 58,900 5% 2,275 4,666 49%
Payroll/Benefit Fees 7511 903 5,900 15% 924 2,006 46%
Safety Program Expenses 7515 - 2,500 0% - -
Communication 7517 4,523 7,500 60% 2,202 4,385 50%
Recruitment Expenses 7519 3,256 28,000 12% 36,249 53,434 68% Investigation Costs 7520 14,696 45,000 33% 15,256 52,612 29% Reserve Program 7528 - 500 0% - - 4%
Maintenance Traffic Signal 7531 - - 50,563 50,563
Traffic Control Signs 7532 3,134 15,900 20% 3,983 10,516 38% Street Name Signs 7535 1,066 1,700 63% 879 1,139 77%
Uniforms/Equipment 7541 26,119 48,880 53% 25,653 53,463 48% Referees/Clinics 7543 18,001 35,000 51% 2,294 5,926
Publicity / Promotion 7545 - 4,000 0% 571 844 68%
Teen Activities 7547 - 1,000 0% - -
Contingency 7599 50,742 50,000 101% - -
Rental - Equipment 7610 10,700 24,000 45% 9,442 16,217 58% Rental - Transportation 7611 9,604 15,000 64% 988 5,073 Rental - Facilities 7612 - 34,000 0% 741 14,437 5%
Memberships 7700 23,778 46,505 51% 17,136 35,304 49%
Training & Conferences 7710 9,820 37,870 26% 4,712 10,685 44% Mayor's Conference Host 7713 - 5,150 0% - -
Council Expenses 7719 3,560 7,500 47% 645 4,466 14%
Meetings 7720 - 1,400 0% 15 15 100%
Interest - City Hall (COP) 7802 215,419 215,419 100% 225,619 225,619 100% Principal - City Hall (COP) 7810 345,000 345,000 100% 335,000 335,000 100% Indirect Cost Alloc-Fleet 7895 117,570 117,570 100% 113,490 113,490 100% Indirect Cost Alloc-Bldg Svcs 7896 183,420 183,420 100% 156,610 156,610 100% Indirect Cost Allocation-IT 7897 229,935 229,935 100% 226,520 226,520 100% Indirect Cost Allocation-Ins. 7898 441,030 441,030 100% 419,340 419,340 100% Total Special Department Expenses 1,721,018 2,056,179 84% 1,656,790 1,813,371 91%

ATTACHMENT C - EXPENDITURES BY TYPE
H.1.c
Packet Pg. 82
Attachment: General Fund Expenditure Summary Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget

CURRENT FISCAL YEAR PRIOR YEAR ACTUAL
Expenditures Acct
YTD Actual
Jul-Dec 2022
Adopted Budget
2022-23
%
Budget
YTD Actual
Jul-Dec 2021
Fiscal Year
2021-22 Actual
%
Actual
Vehicle Expenses
Maintenance - Vehicle 7400 39,399 65,935 60% 15,372 45,477 34% Gasoline 7401 55,732 88,825 63% 40,045 110,648 36%
Mileage 7411 811 3,990 20% 772 1,883 41%
Total Vehicle Expenses 95,942 158,750 60% 56,190 158,007 36% TRANSFERS/OTHER USES-General Fund
Transfers Out (LLD) 8502 - - - 50,286 0%
Transfers Out -Other 8700 300,000 947,668 - 8,077 0%
Total Transfers 300,000 947,668 32% - 58,363 0%

TOTAL GENERAL FUND
(General Purpose Including Transfers) 7,360,142 16,781,531 44% 6,715,678 13,875,874 48% Add-On Sales Tax Expenditures - Measure L 1/2 Cent
Contractors 203,090 456,500 55,492 624,423 9%
Materials & Supplies - - 177 311 57%
Special Dept Expenses 573,454 1,747,000 17,255 25,851 67% Total Add-On Sales Tax Expenses 776,544 2,203,500 72,924 650,584 11% Add-On Sales Tax Expenditures - Measure R 1 Cent
Salaries & Benefits / Insurance 63,082 281,805 22% 43,890 144,161 Contractors 277,068 655,800 42% 241,562 16,243 1487%
Materials & Supplies 756 5,820 13% 22 87,386
Special Dept Expenses 1,862,468 3,080,174 60% 237,894 668,261 Vehicle Op Expense 5,361 15,700 34% 1,781 6,947
Total Add-On Sales Tax Expenses 2,208,735 4,039,299 55% 525,150 922,996 57%

GRAND TOTAL GENERAL
PURPOSE + ADD-ON SALES
TAXES (Including Transfers Out)
10,345,420 23,024,330 45% 7,313,752 15,449,455 47%

ATTACHMENT C - EXPENDITURES BY TYPE
H.1.c
Packet Pg. 83
Attachment: General Fund Expenditure Summary Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget City of Orinda
General Fund Expenditures By Department
From 7/1/2022 Through 12/31/2022
Quarter 2
Oct - Dec Actual
Current YTD
(July 2022 - Dec
2022) Actual 2022-23 Budget
YTD Budget
Variance
%
Budget
Expended
00 - Non-Departmental
Other Expenditures
Unemployment Insurance 7081 $ 3,002 3,002 $ 20,000 $ $ 16,998 Retiree-Med City Portion 7086 1,823 912 10,800 8,977
Legal Notices 7508 - - 47,800 47,800
Contingency 7599 - - 50,000 50,000
Interest Expense Debt COP 7802 215,419 105,122 215,419 0 Principal - Debt COP 7810 345,000 - 345,000 -
Transfers Out to LLD Districts 8502 - - - -
Transfers Out 8700 300,000 - 947,668 647,668
Total Non-Departmental Expense $ 109,036 $ 865,243 $ 1,636,687 $ 771,444 53% 10 - City Management & City Council
Personnel Services
Salaries & Wages 7055 $ 64,225 $ 128,335 $ 290,054 $ 161,719 Accrued General Leave 7063 - - 10,213 10,213
Temporary - Other 7079 - - 10,000 10,000
Total Personnel Services 64,225 128,335 310,267 181,932 41% Benefits
Medicare 7080 959 1,901 4,586 2,685
Worker's Compensation Ins 7082 - 8,832 10,273 1,441
Medical & Dental Insurance 7083 7,232 13,237 35,392 22,155 LTD & Life Insurance 7084 207 350 956 606
Cash In Lieu 7085 285 526 - (526)
Vehicle Allowance 7088 1,500 2,768 6,000 3,232
Retirement Plan 7089 10,322 20,618 48,043 27,425
Total Benefits 20,504 48,231 105,250 57,019 46%
-
Contractors
Systems/Software Support 7135 312 312 - (312)
Professional Services 7180 - - 30,000 30,000
Volunteer Center 7181 1,125 2,250 4,500 2,250
Total Contractors 1,437 2,562 34,500 31,938 7%
Materials & Supplies
Supplies - Office 7200 - - 520 520
Supplies - General 7203 - - 2,315 2,315
Postage 7230 99 192 500 308
Maintenance - Copier 7292 81 81 800 719
Cellular Service 7313 56 169 465 297
Total Materials & Supplies 236 442 4,600 4,158 10%
Special Department Expenses
Communication 7517 3,923 4,523 7,500 2,977
Publicity/Promotion 7545 - - 3,000 3,000
Contingency 7599 50,742 50,742 - (50,742)
Membership & Subscriptions 7700 120 9,706 29,400 19,694 Training & Conferences 7710 888 888 9,120 8,232
Mayor's Conference - Host 7713 - - 5,150 5,150
Council Expenses 7719 3,418 3,560 7,500 3,940
Indirect Cost Alloc-Building 7896 - 7,000 7,000 -
Indirect Cost Allocation-IT 7897 - 5,225 5,225 -
Indirect Cost Allocation-Ins. 7898 - 30,480 30,480 -
Total Special Department Expenses 59,090 112,123 104,375 (7,748) 107% TOTAL CITY MANAGEMENT $ 145,492 $ 291,693 $ 558,992 $ 267,299 52% Expenditure Detail By Department - Attachment D
H.1.d
Packet Pg. 84
Attachment: General Fund Expenditure by Department Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget City of Orinda
General Fund Expenditures By Department
From 7/1/2022 Through 12/31/2022
Quarter 2
Oct - Dec Actual
Current YTD
(July 2022 - Dec
2022) Actual 2022-23 Budget
YTD Budget
Variance
%
Budget
Expended
12 - City Attorney
Contractors
Attorney - City General 7131 $ 31,716 $ 74,086 $ 340,000 $ 265,914 Attorney - City Litigation 7132 855 855 100,000 99,145
Attorney - Billed Services 7133 52,622 129,427 150,000 20,573 Attorney - Human Resources 7134 1,566 1,769 55,000 53,231 Total Contractors 86,760 206,138 645,000 438,862 32%
TOTAL CITY ATTORNEY $ 86,760 $ 206,138 $ 645,000 $ 438,862 32% 15 - City Clerk
Personnel Services
Salaries & Wages 7055 $ 46,489 $ 93,247 $ 195,180 $ 101,933 Overtime 7061 - - 122 122
Temporary - Other 7079 - - -
Total Personnel Services 46,489 93,247 195,302 102,055 48% Benefits
Medicare 7080 732 1,452 2,997 1,545
Worker's Compensation Ins 7082 - 4,441 6,374 1,933
Medical & Dental Insurance 7083 587 1,083 2,715 1,632
LTD & Life Insurance 7084 241 408 1,124 716
Cash In Lieu 7085 2,849 5,258 11,398 6,140
Retirement Plan 7089 7,796 15,598 32,932 17,334
Total Benefits 12,207 28,242 57,540 29,298 49%
Contractors
Systems/Software Support 7135 - 900 10,815 9,915
Minutes Contractor 7178 3,525 5,820 12,900 7,080
Professional Services 7180 521 521 - (521)
Total Contractors 4,046 7,241 23,715 16,474 31%
Materials & Supplies
Supplies - Office 7200 104 104 800 696
Supplies - General 7203 (32) - 1,000 1,000
Postage 7230 99 192 650 458
Maintenance - Copier 7292 202 202 4,200 3,998
Cellular Service 7313 113 169 650 482
Total Materials & Supplies 486 667 7,300 6,633 9%
Special Department Expenses
Election Costs 7504 - - 30,000 30,000
Off-Site Storage 7506 1,664 3,447 8,800 5,353
Code/Legal Updates 7507 - - 5,000 5,000
Legal Notices 7508 192 901 9,300 8,399
Publicity / Promotion 7545 - - 1,000 1,000
Membership & Subscriptions 7700 812 1,012 400 (612)
Training & Conferences 7710 0 682 1,600 918
Indirect Cost Allocation Bldg 7896 - 6,440 6,440 -
Indirect Cost Alloc-Info Tech 7897 - 10,450 10,450 -
Indirect Cost Allocation-Ins. 7898 - 18,910 18,910 -
Total Special Department Expenses 2,669 41,843 91,900 50,057 46% Vehicle Expenses
Mileage 7411 - - 200 200
Total Vehicle Expenses - - 200 200 0%
TOTAL CITY CLERK $ 65,897 $ 171,240 $ 375,957 $ 204,717 46% Expenditure Detail By Department - Attachment D
H.1.d
Packet Pg. 85
Attachment: General Fund Expenditure by Department Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget City of Orinda
General Fund Expenditures By Department
From 7/1/2022 Through 12/31/2022
Quarter 2
Oct - Dec Actual
Current YTD
(July 2022 - Dec
2022) Actual 2022-23 Budget
YTD Budget
Variance
%
Budget
Expended
17 - Administrative Services (Finance / Human Resources / Information Tech / General Services) Personnel Services
Salaries & Wages 7055 $ 144,865 $ 292,687 $ 625,084 $ 332,397 Leave/Float Holiday Payout 7057 0 2,441 12,787 10,346
Overtime 7061 - - 350 350
Accrued General Leave 7063 - - - -
Total Personnel Services 144,866 295,129 638,221 343,092 46% Benefits
Medicare 7080 2,079 4,221 9,337 5,116
Worker's Compensation Ins 7082 - 14,222 20,412 6,190
Medical & Dental Insurance 7083 26,460 48,457 124,310 75,853 LTD & Life Insurance 7084 693 1,172 3,313 2,141
Cash In Lieu 7085 - - 5,699 5,699
Retirement Plan 7089 23,179 47,221 102,731 55,510
Total Benefits 52,411 115,293 265,802 150,509 43%
Contractors
Systems/Software Support 7135 - 3,786 9,810 6,024
Audit - General 7138 10,714 10,714 39,700 28,986
Professional Services 7180 6,489 30,095 60,600 30,505
Total Contractors 17,203 44,595 110,110 65,515 41%
Materials & Supplies
Supplies - Office 7200 1,568 2,786 9,770 6,984
Supplies - General 7203 1,344 2,556 6,500 3,944
Postage 7230 1,481 3,514 5,000 1,486
Maintenance - Copier 7292 162 162 2,050 1,888
Cellular Service 7313 113 169 1,110 942
Administrative Fees 7499 1,087 4,625 36,000 31,375
FF&E (less than $5,000) 7998 - - - -
Total Materials & Supplies 5,754 13,811 60,430 46,619 23% Special Department Expenses
Payroll/Benefit Fees 7511 512 903 5,900 4,997
Recruitment Expenses 7519 2,522 3,256 28,000 24,744
Membership & Subscriptions 7700 380 380 1,850 1,470
Training & Conferences 7710 240 1,082 2,900 1,818
Indirect Cost Allocation Bldg 7896 - 8,690 8,690 -
Indirect Cost Alloc-Info Tech 7897 - 26,130 26,130 -
Indirect Cost Allocation-Ins. 7898 - 60,570 60,570 -
Total Special Department Expenses 3,654 101,011 134,040 33,029 75% Vehicle Expenses
Mileage 7411 - - 400 400
Total Vehicle Expenses - - 400 400 0%
TOTAL ADMINISTRATIVE SERVICES $ 223,887 $ 569,838 $ 1,209,003 $ 639,165 47% Expenditure Detail By Department - Attachment D
H.1.d
Packet Pg. 86
Attachment: General Fund Expenditure by Department Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget City of Orinda
General Fund Expenditures By Department
From 7/1/2022 Through 12/31/2022
Quarter 2
Oct - Dec Actual
Current YTD
(July 2022 - Dec
2022) Actual 2022-23 Budget
YTD Budget
Variance
%
Budget
Expended
20 - Police Services
Personnel Services
Salaries & Wages 7055 $ 15,182 $ 30,537 $ 75,689 $ 45,152 Leave Pay-Out 7057 - - - -
Overtime 7061 - - 772 772
Temporary - Part-Time 7079 3,480 7,666 50,000 42,334
Total Personnel Services 18,662 38,203 126,461 88,258 30% Benefits
Medicare 7080 299 607 1,909 1,302
Worker's Compensation Ins 7082 - 2,632 3,778 1,146
Medical & Dental Insurance 7083 407 751 1,880 1,129
LTD & Life Insurance 7084 82 138 465 327
Cash In Lieu Medical Ins. 7085 1,425 2,629 5,700 3,071
Retirement Plan 7089 2,658 5,307 13,022 7,715
Total Benefits 4,870 12,063 26,754 14,691 45%
Contractors
Systems/Software Support 7135 32,259 48,459 85,000 36,541 Contract Sheriff 7150 897,391 1,195,506 4,228,250 3,032,744 Contract Sheriff - Overtime 7154 83,998 131,801 220,000 88,199 Contract Sheriff - Dispatch 7157 30,445 40,594 136,000 95,406 CCC Animal Control Contract 7165 38,013 76,026 152,055 76,029 Professional Services 7180 - - - -
Total Contractors 1,082,105 1,492,385 4,821,305 3,328,920 31% Materials & Supplies
Supplies - Office 7200 406 583 2,560 1,977
Supplies - General 7203 2,634 3,074 16,780 13,706
Postage 7230 99 192 640 448
Maintenance - Other Equipment 7291 833 1,003 5,700 4,697 Maintenance - Copier 7292 125 125 2,000 1,875
Cellular Service 7313 2,833 4,724 12,800 8,076
Administrative Fees 7499 3,622 5,884 19,000 13,116
FF&E (less than $5,000) 7998 - - 10,000 10,000
FF&E (more than $5,000) 7999 - - - -
Total Materials & Supplies 10,553 15,586 69,480 53,894 22% Special Department Expenses
Insurance - Liability 7501 - - 500 500
Investigation Costs 7520 14,621 14,696 45,000 30,304
Reserve Program 7528 - - 500 500
Uniforms / Equipment 7541 520 2,221 5,100 2,879
Membership & Subscriptions 7700 388 4,738 2,030 (2,708) Training & Conferences 7710 2,195 2,195 7,000 4,805
Indirect Cost Alloc. - Fleet 7895 - 86,780 86,780 -
Indirect Cost Allocation-Bldg Svc 7896 - 23,030 23,030 - Indirect Cost Allocation-IT 7897 - 31,350 31,350 -
Indirect Cost Allocation-Ins. 7898 - 12,120 12,120 -
Total Special Department Expenses 17,723 177,129 213,410 36,281 83% Vehicle Expenses
Maintenance - Vehicle 7400 15,692 20,680 45,235 24,555
Gasoline 7401 28,861 38,976 59,225 20,249
Mileage 7411 - 2 200 198
Total Vehicle Expenses 44,553 59,658 104,660 45,002 57% TOTAL POLICE $ 1,178,467 $ 1,795,025 $ 5,362,070 $ 3,567,045 33% Expenditure Detail By Department - Attachment D
H.1.d
Packet Pg. 87
Attachment: General Fund Expenditure by Department Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget City of Orinda
General Fund Expenditures By Department
From 7/1/2022 Through 12/31/2022
Quarter 2
Oct - Dec Actual
Current YTD
(July 2022 - Dec
2022) Actual 2022-23 Budget
YTD Budget
Variance
%
Budget
Expended
35 - Public Works
Personnel Services
Salaries & Wages 7055 $ 222,756 $ 445,187 $ 1,036,207 $ 591,020 Comptime Payout 7056 - - - -
Leave/Float Holiday Payout 7057 - - 26,471 26,471
Standby Compensation 7060 3,393 6,992 14,022 7,030
Overtime 7061 (0) 1,363 4,857 3,494
Temporary - Other 7079 - - - -
Total Personnel Services 226,149 453,542 1,081,557 628,015 42% Benefits
Medicare 7080 3,458 6,878 15,926 9,048
Worker's Compensation Ins 7082 - 26,898 38,606 11,708
Medical & Dental Insurance 7083 25,241 46,216 134,996 88,780 LTD & Life Insurance 7084 1,092 1,845 5,662 3,817
Cash In Lieu 7085 6,056 11,174 16,812 5,638
Retirement Plan 7089 35,612 71,888 172,490 100,602
Total Benefits 71,458 164,898 384,492 219,594 43%
Contractors
Systems/Software Support 7135 - - 3,200 3,200
Temp Contract Staff 7170 1,583 9,297 - (9,297)
Contracts (Cost Recovery) 7171 40,678 53,733 100,000 46,268 Professional Services 7180 35,748 44,022 102,000 57,978 Guardrail Repair / Replace 7188 27223 27,223 30,000 2,777 Drainage 7191 1,117 1,117 50,000 48,883
Hydrauger Cleaning 7192 - - 15,000 15,000
Tree Trimming 7196 3,600 4,200 30,000 25,800
Pavement/Shoulder Repair 7198 - - 60,000 60,000
Striping/Marking 7199 (0) 132 10,000 9,868
Maint. Right-of-Way 7534 1,641 2,746 15,000 12,254
Repairs & Improvements 7540 - - 15,000 15,000
Total Contractors 111,589 142,469 430,200 287,731 33%
Materials & Supplies
Permit Fees 7129 - - 1,000 1,000
Supplies - Office 7200 660 1,096 2,500 1,404
Supplies - General 7203 3,635 6,951 12,100 5,149
Postage 7230 198 384 1,300 916
Maintenance - Copier 7292 312 312 3,600 3,288
Utilities - Electric 7303 8,898 12,224 26,500 14,276
Utilities - Water 7304 - - 2,850 2,850
Utilities - Garbage -Landfill 7309 - - - -
Cellular Service 7313 1,215 1,867 9,550 7,683
FF&E (less than $5,000) 7998 2,007 2,007 1,000 (1,007)
Total Materials & Supplies 16,924 24,840 60,400 35,560 41% Special Department Expenses
Legal Notices 7508 - - 300 300
Safety Program Expenses 7515 - - 2,500 2,500
Maintenance Signals 7531 - - - -
Traffic Control Signs 7532 493 3,134 15,900 12,766
Street Name Signs 7535 (0) 1,066 1,700 634
Uniforms / Equipment 7541 1,098 2,007 6,180 4,173
Rental - Equipment 7610 1 1,989 13,000 11,011
Membership & Subscriptions 7700 3,106 4,308 8,000 3,692 Training & Conferences 7710 622 2,700 4,000 1,300
Indirect Cost Alloc. - Fleet 7895 - 20,950 20,950 -
Indirect Cost Allocation-Bldg Svc 7896 - 26,500 26,500 - Indirect Cost Allocation-IT 7897 - 52,260 52,260 -
Indirect Cost Allocation-Ins. 7898 - 115,370 115,370 -
Total Special Department Expenses 5,319 230,283 266,660 36,377 86% 35 - Public Works
Expenditure Detail By Department - Attachment D
H.1.d
Packet Pg. 88
Attachment: General Fund Expenditure by Department Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget City of Orinda
General Fund Expenditures By Department
From 7/1/2022 Through 12/31/2022
Quarter 2
Oct - Dec Actual
Current YTD
(July 2022 - Dec
2022) Actual 2022-23 Budget
YTD Budget
Variance
%
Budget
Expended
Vehicle Expenses
Maintenance - Vehicle 7400 5,150 17,066 16,000 (1,066)
Gasoline 7401 14,343 14,343 26,780 12,437
Mileage 7411 338 809 3,090 2,281
Total Vehicle Expenses 19,831 32,218 45,870 13,652 70%
TOTAL PUBLIC WORKS $ 451,269 $ 1,048,249 $ 2,269,179 $ 1,220,930 46% 40 - Parks & Recreation / Facilities
Personnel Services
Salaries & Wages 7055 $ 173,860 $ 349,412 $ 775,232 $ 425,820 Leave/Float Holiday Payout 7057 (0) 4,812 9,555 4,743
Overtime 7061 1 55 2,522 2,467
Temporary - Other 7079 22,281 76,548 175,000 98,452
Total Personnel Services 196,142 430,827 962,309 531,482 45% Benefits
Medicare 7080 2,872 6,286 14,036 7,750
Worker's Compensation Ins 7082 - 21,759 31,230 9,471
Medical & Dental Insurance 7083 38,329 70,157 187,787 117,630 LTD & Life Insurance 7084 915 1,548 3,703 2,155
Cash In Lieu 7085 1,425 2,629 4,001 1,372
Retirement Plan 7089 28,005 56,842 126,198 69,356
Total Benefits 71,547 159,222 366,955 207,733 43%
Contractors
Systems/Software Support 7135 - 25,875 33,400 7,525
Adult Enrichment Instructors 7172 38,667 41,978 200,000 158,022 Program Instructors - Youth 7173 73,454 232,234 465,000 232,766 Cleaning Services 7179 21,563 35,792 71,000 35,208
Professional Services 7180 2,304 13,254 19,000 5,746
Graphic Design 7182 465 5,445 45,000 39,555
Printing Costs 7183 - - 46,300 46,300
Tree Trimming 7196 - 13,535 50,000 36,465
Landscaping 7197 52,529 93,588 206,500 112,912
Repairs & Improvements 7540 23,698 82,082 36,000 (46,082) Total Contractors 212,680 543,783 1,172,200 628,417 46% Materials & Supplies
Supplies - Office 7200 552 1,185 3,075 1,890
Supplies - General 7203 37,066 69,258 108,000 38,742
Postage 7230 128 228 10,500 10,272
Maintenance - Copier 7292 284 284 2,800 2,516
Maintenance - Building 7297 29,133 43,324 108,000 64,676 Maintenance - Fields 7298 9,456 12,971 25,750 12,779
Utilities - Gas 7302 2,554 6,981 14,500 7,519
Utilities - Electric 7303 38,413 58,287 93,200 34,913
Utilities - Water 7304 30,763 73,338 153,500 80,162
Utilities - Sewer 7305 6,514 6,514 8,400 1,886
Taxes/Assessments 7310 1,529 1,529 3,200 1,671
Cellular Service 7313 1,172 1,653 5,150 3,497
Administrative Fees 7499 11,021 24,545 35,000 10,455
FF&E (less than $5,000) 7998 0 - - -
Total Materials & Supplies 168,583 300,095 571,075 270,980 53% Expenditure Detail By Department - Attachment D
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Attachment: General Fund Expenditure by Department Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget City of Orinda
General Fund Expenditures By Department
From 7/1/2022 Through 12/31/2022
Quarter 2
Oct - Dec Actual
Current YTD
(July 2022 - Dec
2022) Actual 2022-23 Budget
YTD Budget
Variance
%
Budget
Expended
40 - Parks & Recreation / Facilities
Special Department Expenses
Uniforms/Equipment 7541 1,547 21,891 37,600 15,709
Referees 7543 7,090 18,001 35,000 17,000
Teen Activities 7547 - - 1,000 1,000
Rental - Equipment 7610 6,858 8,712 11,000 2,288
Rental - Transportation 7611 1,482 9,604 15,000 5,396
Rental - Rooms/Fields/Pool/Gym 7612 - - 34,000 34,000
Membership & Subscriptions 7700 885 2,820 4,000 1,180
Training & Conferences 7710 105 665 3,100 2,435
Meetings 7720 - - 400 400
Indirect Cost Alloc-Fleet 7895 - 6,260 6,260 -
Indirect Cost Allocation-Bldg Svc 7896 - 88,770 88,770 - Indirect Cost Allocation-IT 7897 - 52,260 52,260 -
Indirect Cost Allocation-Ins. 7898 - 142,420 142,420 -
Total Special Department Expenses 17,967 351,403 430,810 79,407 82% Vehicle Expenses
Maintenance - Vehicle 7400 409 1,478 3,950 2,472
Gasoline 7401 1,580 2,074 2,200 126
Mileage 7411 - - 100 100
Total Vehicle Expenses 1,989 3,552 6,250 2,698 57%
TOTAL PARKS & REC / FACILITIES $ 668,907 $ 1,788,881 $ 3,509,599 $ 1,720,718 51% 47 - Library
Contractors
Systems/Software Support 7135 $ - $ - $ 100 $ 100
Cleaning Services 7179 1,307 2,435 6,950 4,515
Landscaping 7197 276 276 - (276)
Repairs & Improvements 7540 1973.09 3,567 2,320 (1,247) Total Contractors 3,556 6,278 9,370 3,092 67%
Materials & Supplies
Supplies - General 7203 191 428 735 307
Maintenance - Building 7297 4,965 5,434 4,635 (799)
Telephone 7300 51 88 250 162
Utilities - Gas 7302 1,151 2,666 3,990 1,324
Utilities - Electric 7303 4,518 8,476 13,320 4,844
Utilities - Water 7304 904 1,727 3,200 1,474
Utilities - Sewer 7305 7,509 7,509 880 (6,629)
Total Materials & Supplies 19,288 26,327 27,010 683 97% Special Department Expenses
Insurance - Property 7503 - 2,330 3,300 970
Total Special Department Expenses - 2,330 3,300 970 71% TOTAL LIBRARY $ 22,845 $ 34,936 $ 39,680 $ 4,744 88%
Expenditure Detail By Department - Attachment D
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Attachment: General Fund Expenditure by Department Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget City of Orinda
General Fund Expenditures By Department
From 7/1/2022 Through 12/31/2022
Quarter 2
Oct - Dec Actual
Current YTD
(July 2022 - Dec
2022) Actual 2022-23 Budget
YTD Budget
Variance
%
Budget
Expended
55 - Planning
Personnel Services
Salaries & Wages 7055 $ 158,795 $ 284,966 $ 573,889 $ 288,923 Leave/Float Holiday Payout 7057 4,096 6,354 13,961 7,607 Overtime 7061 819 2,399 5,196 2,797
Temporary - Other 7079 5,140 9,683 20,000 10,317
Total Personnel Services 168,849 303,401 613,046 309,645 49% Benefits
Medicare 7080 2,494 4,495 8,972 4,477
Worker's Compensation Ins 7082 - 14,232 20,427 6,195
Medical & Dental Insurance 7083 14,392 21,116 94,833 73,717 LTD & Life Insurance 7084 805 1,197 3,199 2,002
Cash In Lieu 7085 2,374 4,783 5,699 916
Retirement Plan 7089 25,964 46,801 94,848 48,047
Total Benefits 46,029 92,624 227,978 135,354 41%
Contractors
Systems/Software Support 7135 - 1,300 4,245 2,945
Temp Contract Staff 7170 226.35 4,379 - (4,379)
Contracts (Cost Recovery) 7171 5,288 5,288 100,000 94,713 Minutes Contractor 7178 - - 2,000 2,000
Professional Services 7180 10,706 22,147 51,500 29,353
Total Contractors 16,220 33,114 157,745 124,631 21%
Materials & Supplies
Supplies - Office 7200 (45) 362 2,600 2,238
Supplies - General 7203 290 - 1,000 1,000
Postage 7230 198 384 1,150 766
Maintenance - Office Equipment 7290 - - 200 200
Maintenance - Copier 7292 397 482 7,500 7,018
Cellular Service 7313 744 1,038 3,810 2,772
Administrative Fees 7499 3845.85 10,497 5,000 (5,497)
FF&E (Less than $5,000) 7998 2,007 2,007 500 (1,507)
Total Materials & Supplies 7,437 14,770 21,760 6,990 68% Special Department Expenses
Legal Notices 7508 986 2,064 1,500 (564)
Membership & Subscriptions 7700 784 814 825 11
Training & Conferences 7710 235 1,608 10,150 8,542
Meetings 7720 - - 1,000 1,000
Indirect Cost Alloc-Fleet 7895 - 3,580 3,580 -
Indirect Cost Alloc-Bldg Svcs 7896 - 22,990 22,990 -
Indirect Cost Allocation-IT 7897 - 52,260 52,260 -
Indirect Cost Allocation-Ins. 7898 - 61,160 61,160 -
Total Special Department Expenses 2,005 144,476 153,465 8,989 94% Vehicle Expenses
Maintenance - Vehicle 7400 175 175 750 575
Gasoline 7401 279 339 620 281
Mileage 7411 - - - -
Total Vehicle Expenses 454 514 1,370 856 38%
TOTAL PLANNING $ 240,994 $ 588,899 $ 1,175,364 $ 586,465 50%

TOTAL GENERAL FUND
(GENERAL PURPOSE) Includes Transfers $ 3,193,553 $ 7,360,142 $ 16,781,531 $ 9,421,389 44% Expenditure Detail By Department - Attachment D
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Attachment: General Fund Expenditure by Department Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget City of Orinda
General Fund Expenditures By Department
From 7/1/2022 Through 12/31/2022
Quarter 2
Oct - Dec Actual
Current YTD
(July 2022 - Dec
2022) Actual 2022-23 Budget
YTD Budget
Variance
%
Budget
Expended

FOR DETAIL SEE ADD-ON TAXES DETAIL SCHEDULE
Measure L Add-On Sales Tax - Fund #105
(Measure L - 1/2 Cent Sales Tax )
TOTAL Measure L Add-On Sales Tax $ 667,192 $ 776,544 $ 2,203,500 $ 1,426,956 35% Measure R Add-On Sales Tax - Fund #106
(Measure R - 1 Cent Sales Tax )
TOTAL Measure R Add-On Sales Tax $ 1,922,591 $ 2,208,735 $ 4,039,299 $ 1,830,564 55%

GRAND TOTAL GENERAL PURPOSE
+ ADD-ON SALES TAXES (Measure
L & Measure R)
$ 5,783,337 $ 10,345,420 $ 23,024,330 $ 12,678,910 45%
Expenditure Detail By Department - Attachment D
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Attachment: General Fund Expenditure by Department Jul-Dec (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget City of Orinda
Detail Add-On Tax Expenditures (Measure L and R Sales Tax) From 7/1/2022 Through 12/31/2022
Quarter 2 Oct -
Dec Actual
Current YTD
(July 2022 - Dec
2022) Actual 2022-23 Budget
YTD Budget
Variance
%
Budget
Expended
Add-On Sales Tax - Fund #105 (measure L Discontinued Revenue 4/1/21) Contractors
Design Contracts 7125 6,491 15,250 303,500 288,250
Project/Construction Manage 7126 83,224 183,817 153,000 (30,817) Permit Fees 7129 720 720 - (720)
Professional Services 7180 3,303 3,303 (3,303)
Total Special Department Expenses 93,738 203,090 456,500 253,410 44% Materials & Supplies
Supplies 7130 - - - -
Total Materials & Supplies - - - -
Special Department Expenses
Construction Costs 7127 573,454 573,454 1,747,000 1,173,546 Legal Notices 7508 - - - -
Total Special Department Expenses 573,454 573,454 1,747,000 1,173,546 33% GRAND TOTAL MEASRE L (1/2 Cent Tax) 667,192 776,544 2,203,500 1,426,956 35% Add-On Sales Tax Detail - Attachment E
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Attachment: Detail Add-On Tax Expenditures (Measure L and R Sales Tax) (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year City of Orinda
Detail Add-On Tax Expenditures (Measure L and R Sales Tax) From 7/1/2022 Through 12/31/2022
Quarter 2 Oct -
Dec Actual
Current YTD
(July 2022 - Dec
2022) Actual 2022-23 Budget
YTD Budget
Variance
%
Budget
Expended
Add-On Sales Tax - Fund #106 (Measure R )
City Manager Dept
Sr. Admin Analyst Allocated Costs
Salaries & Wages 7055 27,676 50,329 238,100 187,771
Medicare 7080 430 772 1,422 650
Workers Compensation 7082 - - 2,403 2,403
Medical & Dental Insurance 7083 418 693 23,595 22,902
LTD & Life Insurance 7084 161 244 589 345
Cash In Lieu 7085 1,615 2,578 - (2,578)
Retirement 7089 4,687 8,465 15,696 7,231
Sub-Total Allocated Staff Expenses 34,987 63,082 281,805 218,723 22% Other Non-Staff Expenses In City Mgr Dept
System/Software Support 7135 - 1,116 - (1,116)
Minutes Contractor 7178 1,203 2,545 9,300 6,755
Professional Services 7180 41,623 56,623 80,000 23,377
Graphic Design 7182 - 529 - (529)
Cellular Service 7313 169 169 820 652
Mileage 7411 - 9 200 191
Publicity / Promotion 7545 7,255 36,200 100,000 63,800
Contingency 7599 - - 400,000 400,000
Training & Conferences 7710 - - 3,000 3,000
Indirect Cost Allocation-IT 7897 - 5,225 5,225 -
Indirect Cost Allocation-Insurance 7898 - 7,130 7,130 - Sub-Total Non-Staff Costs City Mgr Dept 50,249 109,546 605,675 496,129 18% Total City Mgr Dept Measure R 85,237 172,628 887,480 714,852 19% City Attorney
Legal Counsel 7131 1,289 4,422 5,000 578
Total Legal City Attorney 1,289 4,422 5,000 578 88%
Administrative Services - Finance
Sales Tax Services 7180 - - 4,000 4,000
Total Administrative Services - - 4,000 4,000 0%
Police
Professional Services - Disaster Plan 7180 - - 40,000 40,000 Supplies 7203 587 587 5,000 4,413
Total Police 587 587 45,000 44,413 1%
Public Works
Professional Services 7180 660 710 - (710)
Hazard Reduction - Chipper Svcs 7186 26,728 85,377 206,000 120,623 Tree Trim / Clearance - Right of Way 7196 14,920 14,920 100,000 85,080 Disposal - Landfill 7309 7,145 7,145 10,000 2,855
Maintenance - Vehicle 7400 (0) 691 5,100 4,409
Gasoline / Fuel 7401 2,557 4,661 10,400 5,739
Traffic Control Signs 7532 1,946 1,946 - (1,946)
Rental Equipment 7610 - - - -
Indirect Cost Alloc-Fleet 7895 - 24,710 24,710 -
Total Public Works 53,956 140,160 356,210 216,050 39%
Parks & Recreation
Hazard Reduction - Fire Breaks 7186 6,700 96,150 150,000 53,850 Tree Trimming - Parks 7196 5,585 5,585 51,500 45,915
Total Parks & Recreation 12,285 101,735 201,500 99,765 50% TOTAL MEASURE R OPERATING BUDGET 153,354 419,532 1,499,190 1,079,658 28% Add-On Sales Tax Detail - Attachment E
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Attachment: Detail Add-On Tax Expenditures (Measure L and R Sales Tax) (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year City of Orinda
Detail Add-On Tax Expenditures (Measure L and R Sales Tax) From 7/1/2022 Through 12/31/2022
Quarter 2 Oct -
Dec Actual
Current YTD
(July 2022 - Dec
2022) Actual 2022-23 Budget
YTD Budget
Variance
%
Budget
Expended

MEASURE R PROJECTS
#5501 - Housing Element - 19,965 - (19,965)
#4166 - Annual Pavement Rehab 2022 1,769,237 1,769,237 2,450,109 680,872 #4186 - Brookwood Rd ROW Mitigation - - 90,000 90,000
Sub-Total Projects 1,769,237 1,789,203 2,540,109 750,906 70% GRAND TOTAL MEASURE R EXPENSES 1,922,591 2,208,735 4,039,299 1,830,564 55% Add-On Sales Tax Detail - Attachment E
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Attachment: Detail Add-On Tax Expenditures (Measure L and R Sales Tax) (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year

CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2022/2023
Funds Appropriated Yr 2 of Biennial Budget Adopted 6/29/2021 CHANGE FORM # 008-23
New Appropriations (City Council Approval Required): Budget Transfers:

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

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

BUDGET ACCOUNT
(Revenue / Expense)

INCREASE
AMOUNT

DECREASE
AMOUNT
INCREASE OF BUDGETED EXPENSE IN FY 2022‐2023:
100‐35‐34‐7191‐2038

GENERAL FUND / PUBLIC WORKS / DRAINAGE MAINTENANCE /
DRAINAGE / 2022‐23 WINTER STORMS
100‐35‐36‐7196‐2038

GENERAL FUND / PUBLIC WORKS / MAINTENANCE/TREE TRIMMING/ 2022‐23 WINTER STORMS
100‐35‐34‐7203‐2038

GENERAL FUND / PUBLIC WORKS / DRAINAGE MAINTENANCE /
SUPPLIES / 2022‐23 WINTER STORMS
100‐40‐41‐7298‐2038

GENERAL FUND / PARKS & RECREATION / FIELDS MAINTENANCE / 2022‐23 WINTER STORMS
100‐40‐50‐7540‐2038

GENERAL FUND / PARKS & RECREATION / MAINTENANCE FACILITY /

REPAIRS AND IMPROVMENTS / WINTER STORMS
$90,000
$ 6,500
$15,000
$15,000
$23,500
INCREASE OF BUDGETED EXPENSE IN FY 2022‐2023 EXPENSE:
100‐40‐44‐7055

GENERAL FUND / PARKS & RECREATION / RECREATION / SALARY & WAGES
$126,225
As Presented at the City Council Meeting on: March 7, 2023 #################(Finance Use Only)###################
NOTE: FY 2023 Not In System – NEED TO INCORPORATE WITH MID-CYCLE ADJ Posted By: Date:

REASON FOR BUDGET CHANGE ENTRY: At the City Council meeting on March 7, 2023, the City Council was presented with proposed changes to the adopted Budget as part of the Mid-Year Financial Review. The Changes above represent 1) unanticipated costs associated with the 2022-23 Winter Storms Emergency Declaration and 2) Restoring staffing to Parks and Recreation to pre-pandemic levels by adding a 1.0 FTE Recreation Coordinator to assist with the increased demand for recreation services
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Attachment: Budget Change Form (3047 : Quarterly Financial Report (2nd Qtr FY 2022-2023) Mid Year Budget Adjustment) City Council
Staff Report
Agenda Item: H.2
Date: March 7, 2023
Department: Planning Department
AGENDA TITLE: Ratification of Moraga-Orinda Fire District (“MOFD”) Ordinance 23-01, which adopts the 2022 California Fire Code and, by reference, the 2021 International Fire Code and makes modifications to those codes to reflect local conditions with associated findings and introduction of City of Orinda Ordinance 23-03 to repeal and replace the City of Orinda’s Municipal Code Chapter 8.20, “Fire Safety,” with a version of this Chapter that reflects the City’s ratification of MOFD Ordinance 23-01.

RECOMMENDATION:
(1) Adopt Resolution 22-23: ratifying MOFD Ordinance 23-01, which adopts the 2022 California Fire Code and, by reference, the 2021 International Fire Code and makes modifications to those codes to reflect local conditions, and adopting MOFD’s Findings of Fact that the proposed amendments are reasonably necessary because of local climatic, geological, or topographical conditions.
(2) Introduce Ordinance 23-03 to repeal and replace the City of Orinda’s Municipal Code Chapter 8.20, “Fire Safety,” with an updated version of this Chapter that reflects the City’s ratification of MOFD Ordinance 23-01, waiving a full reading of the text.

BACKGROUND:

The State of California adopted the 2022 edition of the California Building Standards Code, including the California Fire Code, which became effective throughout the State effective January 1, 2023 Local jurisdictions may establish more restrictive building standards than those contained in the California Building Standards Code if the modifications are reasonably necessary because of local climatic, geological, or topographical conditions.

On January 17, 2023, Orinda adopted Ordinance No. 23-01, which adopted the 2022 California Building, Residential, Green Building Standards, Plumbing, Electrical, and Mechanical Codes with modifications for local conditions. These modifications to the state Building Codes reflected Contra Costa County’s modifications thereto, with the exception of the County’s modifications to the Green Building Standards Code regarding construction and demolition debris recovery. Orinda also ratified Resolution 01-20, which adopted the County’s findings in support of the need for modifications to the state Building Codes.

Fire districts are authorized to enact stricter standards than those in the California Fire Code. To do so, a fire district’s legislative body must adopt an ordinance implementing the Fire Code with amendments, and must adopt findings of fact justifying the need for changes or modifications due to local conditions.

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A fire district’s ordinance will not be effective until it is ratified by the legislative body of the city or county where it will apply. After the fire district transmits its adopted ordinance to the City, the legislative body of the City may ratify, modify, or deny the fire district’s adopted ordinance, and must then transmit its determination to the fire district within 15 days of the determination. Upon ratification of an adopted ordinance, the city must file a copy of the fire district’s findings, and any of the city’s findings, together with the adopted ordinance, with the state Department of Housing and Community Development.

MOFD enforces and applies the Fire Code within the City of Orinda. On February 15, 2023, MOFD adopted its Ordinance 23-01, which adopts the 2022 California Fire Code and, by reference, the 2021 International Fire Code and makes modifications to the code to reflect local conditions (Attachment A). To accompany Ordinance 23-01, MOFD also adopted Resolution 23-04 making Findings of Fact that the proposed amendments are reasonably necessary because of local climatic, geological, or topographical conditions. (Attachment B).

The first purpose of this agenda item is to adopt a resolution to: (1) ratify MOFD Ordinance 23-01, including its proposed amendments, as required by Health & Safety Code Section 13869.7(c), and (2) adopt MOFD’s Findings of Fact that the proposed amendments are reasonably necessary. (Attachment C).

In 2020, MOFD similarly adopted an ordinance adopting the 2019 California Fire Code and the 2018 International Fire Code with local amendments. In 2020, the City ratified MOFD’s Ordinance 20-01, including its proposed amendments. (See City Resolution 46-20). Upon ratification by the City Council, MOFD Ordinance 23-01 would repeal and replace the existing MOFD Ordinance 16-02.

The second purpose of this agenda item is to introduce Ordinance 23-03, which would repeal and replace the City of Orinda’s Municipal Code Chapter 8.20, “Fire Safety,” with an updated version of this Chapter. (Attachment D). The proposed changes to Chapter

8.20 would reflect City ratification of MOFD Ordinance 23-01 and make clear that MOFD is responsible for enforcing the ordinance in the City.

DISCUSSION:

A. Adoption of Resolution
Resolution 22-23 (Attachment C) ratifies MOFD Ordinance 20-01, which adopts the 2022 California Fire Code, and by reference the 2021 International Fire Code, with certain amendments. The proposed amendments must be justified by findings of fact based upon the unique geological, topographical, and climatic condition of the City.

Health & Safety Code § 17958.7. Resolution 22-23 also adopts MOFD’s Findings of Fact justifying the modifications of the 2019 California Fire Code as reasonably necessary because of local climatic, geological, or topographical conditions.

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Orinda staff provided comments to MOFD staff on the proposed amendments to the Fire Code, and draft MOFD ordinance was included as a policy matter on the January 10, 2023 City Council agenda. In response to Orinda staff comments, as well as comments from Moraga staff, MOFD omitted a proposed amendment pertaining to traffic calming measures.

For this cycle fire code adoption, MOFD has removed fuel mitigation and exterior hazard abatement standards (e.g., vegetation management requirements) from the fire code, instead adopting these standards in a separate, stand-alone ordinance (MOFD Ordinance 23-03) which is not subject to City of Orinda ratification.

MOFD’s Staff Report for the Second Reading of Ordinance 23-01 summarized the major changes the ordinance made to the 2022 Fire Code. (Attachment E). As stated in MOFD’s staff report:

Along with Ordinance 23-01, MOFD also adopted findings of fact that its amendments to the state Fire Code are necessary due to the climatic, geologic, and topographical conditions in the Fire District. By adopting Resolution 22-23, Orinda City Council would also be adopting these findings of fact that the proposed amendments in Orinda Ordinance 23-03 are reasonably necessary because of local conditions. Staff recommends that the City ratify MOFD’s Ordinance No. 23-01 to reflect local climatic, geological, or topographic conditions.

B. Adoption of Proposed Ordinance
With the adoption of the proposed ordinance, the City would repeal and replace City of Orinda’s Municipal Code Chapter 8.20, “Fire Safety,” with an updated version of this Chapter that reflects the City’s ratification of MOFD Ordinance 23-01. (Appendix A to Attachment D). By ratifying MOFD’s Ordinance 23-01, the City also adopts MOFD’s Findings of Facts that the amendments to the Fire Code adopted therein are justified by findings of fact based upon the unique geological, topographical, and climatic condition of the City.

The proposed Ordinance (Attachment D) brings the City’s Municipal Code into substantial alignment with MOFD’s Ordinance 23-01. Provisions of the City’s Municipal Codes that do not reflect MOFD’s Ordinance 23-01 would be repealed by this Ordinance.

NEXT STEPS:

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Staff will send copies of MOFD Ordinance 23-01 and Orinda Resolution 22-23 with MOFD’s Findings of Fact to the California Building Standards Commission and the Department of Housing and Community Development.

Staff anticipates bringing Ordinance 23-03 back for adoption on the consent calendar at the March 21, 2023 City Council meeting. Following adoption of the Ordinance, staff will send copies of Ordinance 23-03 to the California Building Standards Commission, the Department of Housing and Community Development, MOFD, and the County.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. MOFD Ordinance 23-01 (Fire Code)
B. MOFD Resolution 23-04 Adopting Findings of Fact for Fire Code C. City Council Resolution 22-23 Ratifying MOFD Ordinance 23-01 D. Orinda CIty Council Ordinance 23-03 Repealing and Replacing Municipal Code Chapter 8.20, “Fire Safety”
E. February 15, 2023 Staff Report re MOFD Ordinance 23-01 Adopting Fire Code Respectfully Submitted by:

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

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H.2.a
Packet Pg. 101 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 102 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 103 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 104 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 105 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 106 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 107 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 108 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 109 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 110 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 111 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 112 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 113 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 114 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 115 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 116 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
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Packet Pg. 122 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 123 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 124 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 125 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 126 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 127 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) Adopted on February 15, 2023 - signature pending
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Packet Pg. 128 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.a
Packet Pg. 129 Attachment: MOFD Ordinance 23-01 (Fire Code) (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) H.2.b
Packet Pg. 130 Attachment: MOFD Resolution 23-04 Adopting Findings of Fact for Fire Code (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20- H.2.b
Packet Pg. 131 Attachment: MOFD Resolution 23-04 Adopting Findings of Fact for Fire Code (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20- H.2.b
Packet Pg. 132 Attachment: MOFD Resolution 23-04 Adopting Findings of Fact for Fire Code (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20- Adopted on February 15, 2023 - signature pending
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Packet Pg. 133 Attachment: MOFD Resolution 23-04 Adopting Findings of Fact for Fire Code (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20- H.2.b
Packet Pg. 134 Attachment: MOFD Resolution 23-04 Adopting Findings of Fact for Fire Code (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-

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

RESOLUTION ratifying Moraga-Orinda
Fire District (MOFD) Ordinance 23-01
adopting the 2022 California Fire Code,
with certain amendments, and by
reference the 2021 International Fire
Code, and adopting MOFD’s Findings of
Fact that the proposed amendments are
reasonably necessary because of local
climatic, geological, or topographical
conditions.
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RESOLUTION NO. 22--23
_______________________
WHEREAS, the City of Orinda lies within the geographical boundaries of the Moraga-Orinda Fire District (“MOFD”); and
WHEREAS, MOFD has responsibility for fire protection within said geographical boundaries; and
WHEREAS, on February 15, 2023, MOFD adopted Ordinance 23-01, adopting the 2022 California Fire Code, with certain amendments to reflect local conditions, and by reference the 2021 International Fire Code; and
WHEREAS, upon ratification by the City of Orinda, MOFD Ordinance 23-01 would repeal and replace the existing MOFD Ordinance 20-01; and WHEREAS, the proposed amendments in MOFD’s Ordinance 23-01 are modifications to building standards relating to fire and public safety adopted by the State Fire Marshal and contained in the California Building Standards Code; and WHEREAS, pursuant to Section 13869.7(c) of the California Health & Safety Code, such ordinances containing such modifications are not effective within the jurisdictional boundaries of the City of Orinda until ratified by the City Council; and WHEREAS, the City Council does hereby declare and find that the changes to the provisions of the California Fire Code and International Fire Code set forth in MOFD Ordinance 23-01 are reasonably necessary because of local climatic, geological, or topographical conditions in accordance with Health & Safety Code Section 17958.7, as set forth in the MOFD’s Findings of Fact for Ordinance 23-01 in MOFD Resolution 23- 04;
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Packet Pg. 135 Attachment: City Council Resolution 22-23 Ratifying MOFD Ordinance 23-01 (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01) NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Orinda does hereby ratify MOFD Ordinance 23-01 to be effective in the City of Orinda.

BE IT FURTHER RESOLVED that the City Council of the City of Orinda does hereby adopt MOFD’s Findings of Fact supporting the modifications to the Fire Code in MOFD Ordinance 23-01 as reasonably necessary because of local climatic, geological, or topographical conditions.

BE IT FURTHER RESOLVED that a copy of this Resolution, including MOFD Ordinance 23-01 and the MOFD Findings of Fact, shall be filed with the California Building Standards Commission in accordance with Health & Safety Code Section 17958.7(a) and with the California Department of Housing and Community Development in accordance with Health & Safety Code Section 13869.7(c).

PASSED AND ADOPTED by the City Council of the City of Orinda at a regular meeting held on March 7, 2023, by the following vote, to wit:

COUNCILMEMBERS: AYES:

COUNCILMEMBERS: NOES:

COUNCILMEMBERS: ABSENT:

COUNCILMEMBERS: ABSTAIN:
____________________________________
Inga Miller, Mayor
ATTEST:
_____________________________
Sheri Smith, City Clerk
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Packet Pg. 136 Attachment: City Council Resolution 22-23 Ratifying MOFD Ordinance 23-01 (3044 : Ratification of Moraga-Orinda Fire District Ordinance 20-01)

BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA

AN ORDINANCE REPEALING
CHAPTER 8.20 AND ADOPTING
A NEW CHAPTER 8.20 TO
REFLECT THE CITY’S
RATIFICATION OF MORAGAORINDA FIRE DISTRICT
ORDINANCE 23-01
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ORDINANCE NO. 23-03
The City Council of the City of Orinda DOES ORDAIN as follows:

SECTION 1. The City Council of the City of Orinda finds that:

1. The State of California has adopted the 2022 California Fire Code (California Code of Regulations, Title 24, Part 9) (the “Fire Code”).

2. On February 15, 2023, pursuant to California Health & Safety Code Section 13869.7, the Moraga-Orinda Fire District (“MOFD”) adopted its Ordinance No. 23-01 adopting the California Fire Code by reference with certain amendments and modifications.

3. On February 17, 2023, MOFD transmitted the adopted ordinance to the City of Orinda. Pursuant to Resolution No 22-23, the City of Orinda has ratified MOFD’s ordinance, thereby adopting the Fire Code with the amendments and modifications made in MOFD Ordinance No. 23-01. The City has also ratified MOFD’s findings of necessity that justify the modifications to the Fire Code made in Ordinance No. 23-01. The City will also transmit its Resolution No. 22-23, along with MOFD Ordinance No. 23-01, to the state Department of Housing and Community of Development, as required by Health & Safety Code § 13869.7(c).

4. Accordingly, the City of Orinda is repealing Chapter 8.20 and adopting a new Chapter 8.20 to reflect the City’s ratification of the MOFD ordinance.

SECTION 2. Chapter 8.20 is repealed in its entirety, and a new Chapter 8.20, as shown in Appendix A attached to this ordinance and incorporated by this reference, shall be added to the Orinda Municipal Code.

SECTION 3. This ordinance is consistent with the Orinda General Plan. This ordinance will not have a significant adverse effect on the environment as defined in the California Environmental Quality Act.

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Packet Pg. 137 Attachment: Orinda CIty Council Ordinance 23-03 Repealing and Replacing Municipal Code Chapter 8.20, “Fire Safety” (3044 : Ratification of SECTION 4. This ordinance becomes effective 30 days after adoption.

SECTION 5. The City Clerk shall either (a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again within 15 days after adoption.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Orinda held on March 7, 2023, and was adopted and ordered published at a regular meeting held on March ___, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
__________________
Inga Miller, Mayor
ATTEST:
_______________
Sheri Smith, City Clerk
Appendix A: New Chapter 8.20.
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Packet Pg. 138 Attachment: Orinda CIty Council Ordinance 23-03 Repealing and Replacing Municipal Code Chapter 8.20, “Fire Safety” (3044 : Ratification of

APPENDIX A
Chapter 8.20 - FIRE SAFETY

8.20.010 - Adoption.

A. The fire code of the city is the 2022 California Fire Code (California Code of Regulations, Title 24, Part 9 (based on the 2021 International Fire Code)) as amended by the changes, additions, and deletions set forth in the Moraga-Orinda Fire District’s Ordinance 23-01.

B. As of the effective date of the ordinance codified in this Chapter, the MoragaOrinda Fire District’s Ordinance 23-01 and the Moraga-Orinda Fire District’s accompanying Findings of Fact that the proposed amendments are reasonably necessary because of local climatic, geological, or topographical conditions shall have been filed with the California Department of Housing and Community Development.

C. As of the effective date of the ordinance codified in this chapter, the provisions of the 2022 California Fire Code as amended by the changes, additions, and deletions set forth in the Moraga-Orinda Fire District’s Ordinance 23-01 are controlling and enforceable within the City.

D. The provisions of this Chapter are to be read in conjunction with the provisions of Title 15, Chapter 15.08 "Building Code" of this Code, which adopts and modifies the 2022 California Building Code (California Code of Regulations, Title 24, Part 2, Volumes 1 and 2).

8.20.020 - Purpose.

A. This chapter regulates the use of construction materials and requires the installation of specific fire safety features in construction in the city.

B. This chapter implements the safety element of the city's General Plan to:

1. Coordinate the review of development applications between the city and the Moraga-Orinda Fire District; and

2. Regulate the design of buildings and siting to enhance maximum fire prevention and protection.

C. To the extent that a provision of this chapter conflicts with a provision of the 2022 California Building Standards Code, or any sections of the Orinda Municipal Code which have adopted the 2022 California Building Standards Code by reference and which have been adopted by reference into this code, this chapter shall prevail. This chapter regulates building construction in the city due to the H.2.d
Packet Pg. 139 Attachment: Orinda CIty Council Ordinance 23-03 Repealing and Replacing Municipal Code Chapter 8.20, “Fire Safety” (3044 : Ratification of characteristics of the city's climate, topography and geology which necessitate variations from the 2022 California Building Standards Code.

8.20.030 – Enforcement.

The City of Orinda's Fire Code, which is composed of the 2022 California Fire Code as modified by the Moraga-Orinda Fire District Ordinance 23-01, shall be enforced by the Moraga-Orinda Fire District. See MOFD Ordinance 23-01 and Orinda City Council Resolution 22-23.
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Packet Pg. 140 Attachment: Orinda CIty Council Ordinance 23-03 Repealing and Replacing Municipal Code Chapter 8.20, “Fire Safety” (3044 : Ratification of Moraga-Orinda Fire District
TO: Board of Directors
FROM: Dave Winnacker, Fire Chief
DATE: February 15, 2023
SUBJECT: Item 9.1 Second Reading and Adoption of Ordinance 23-01, adopting the 2022 Edition of the California Fire Code, with certain amendments, and by reference, the International Fire Code, 2021 Edition, published by the International Code Council and repealing Ordinance 20-01

BACKGROUND
Recognizing the significant risk of fire to which our community is exposed, staff propose modest yet progressive modifications to the fire code in order to continue the adoption of best practices for new construction of homes and businesses, ensure roadway access, and water supplies for new construction or developments. Since its inception in 1997, the District has been at the forefront of fire code development and staff believes the attached ordinance is in keeping with this tradition.

The proposed amendments are the product of a year long effort carried out by all of the Fire Marshals in Contra Costa County meeting as part of the Contra Costa County Fire Chiefs Association Fire Prevention Officers Committee. The Fire Marshal working group worked to create a consensus on amendments to adequately project each community and create a standardized template for a county wide fire code. Both Contra Costa County Fire Protection District and San Ramon Valley Fire Protection District have adopted the 2022 California Fire Code and their local amendments based on this work.

Under state law, the District is required to hold a public hearing and a first and second reading before the proposed Fire Code ordinance is adopted (Government Code § 50022.3). Prior to the first reading of the Fire Code Ordinance, copies of the draft Fire Code were forwarded to staff of the Town of Moraga, City of Orinda, and Contra Costa County Board of Supervisors (for unincorporated areas) for comment.

In accordance with Health and Safety Code section 13869.7, copies of the proposed Ordinance and Findings of Fact have been provided to the Town of Moraga, the City of Orinda, and Contra Costa County for review and comment. The proposed ordinance is the product of significant inter-agency coordination to ensure all concerns have been addressed.

Attached are the proposed amendments for the 2022 California Fire Code and 2021 International Fire Code. Presentations outlining the proposed changes will be made to the City of Orinda and Town of Moraga Councils after the first reading of this Ordinance upon request by these bodies.

MAJOR CHANGES:

Every three years new editions of the state codes are published. The new codes and local amendments reflect changes in technology, fire safety techniques, and the building industry. These codes become the minimum standards for the State of California on January 1, 2023. By adopting the 2022 Fire Code, the Moraga-Orinda Fire District will be enforcing a code that is consistent with state regulations.

Item 9.1
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Packet Pg. 141 Attachment: February 15, 2023 Staff Report re MOFD Ordinance 23-01 Adopting Fire Code (3044 : Ratification of Moraga-Orinda Fire District The following is a summary of the proposed amendments to the 2022 Fire Code:

Chapter 1 Operational & Construction Permits
Identify when operational and construction permits are required Chapter 2 Definitions
Amend and clarify language for substantial addition and substantial alteration Added new definition of new construction
Chapter 3 General Safety Provisions
Removed Exterior Hazard Abatement requirements.

Chapter 4 Emergency Planning and Preparedness
Added nuisance Fire Alarm
Added aerial Pre-Plans
Amended standby Personnel
Chapter 5 Fire Service Features
Added access to open space
Added existing Fire Trails maintenance requirements
Added language to clarify Traffic Calming Devices, where they are prohibited, and criteria used to evaluate proposed installations.

Added language for Knox Box content requirements
Chapter 6 Building Service and Systems
Added Spark Arrestors requirements for chimneys
Chapter 9 Fire Protection and Life Safety Systems
Added language for when records shall be submitted to a third party record keeping service for all system inspections, test and maintenance.

Amend definitions for Substantial Additions and Alterations to existing structures:

Require fire sprinklers for any alteration in all occupancies except Group R-3 that have an addition or expansion where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed, replaced, or added within a one-year period.

Require fire sprinklers for any addition in group R-3, the addition of new gross floor area that exceeds fifty percent of the existing gross floor area or the addition of new gross floor area that results in the building having a gross floor area of 3,600 sq. ft. or greater.

Added under eave sprinklers for new Structures (R-3)
Requires exterior under eave sprinklers for residential sprinkler systems Added county wide standardization for sprinkler requirements for all occupancies other than R-3
Added language for Non-permissible water storage identified Amended monitoring of alarm systems to comply with NFPA 72 Chapter 10 Means of Egress
Added exit discharge surface requirements
Chapter 33 Fire Safety during Construction and Demolition Added site safety plan and site security requirements
Added asbestos removal requirements
Chapter 50 Hazardous Materials
Amended requirements to Hazardous Material Management Plans Added requirements to Emergency response support information Added documentation requirements of chapter 50 and federal hazardous materials regulations
Chapter 53 Compressed Gasses
Amended gas detection systems requirements
Chapter 56 Explosives and Fireworks
Amended requirements for commercial fireworks shows and storage of fireworks Chapter 57 Flammable and Combustible Liquids
Item 9.1
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Packet Pg. 142 Attachment: February 15, 2023 Staff Report re MOFD Ordinance 23-01 Adopting Fire Code (3044 : Ratification of Moraga-Orinda Fire District Added requirements for facility fire/ explosion/ hazardous material release analysis assessment
Amended above ground tank prohibited locations
Chapter 58 Flammable Gasses and Cryogenic Fluids
Amended Requirements for storage of flammable cryogenic fluids Chapter 61 Liquefied Petroleum Gases
Amended requirements for LPG tanks and capacity of locations Chapter 80 Referenced Standards
Amended requirements for referenced NFPA standards
Appendix B Fire Flow Requirements for Buildings
Amended fire flow requirements for buildings other than R-3 and R-4 Appendix C Fire Hydrants Locations and Distribution
Amended requirements for number and spacing of hydrants Added maximum distance for hydrant locations
Appendix D Fire Apparatus Access Roads
Amended access and Loading requirements
Amend table D103.2 to bring fire department turnarounds up to compliance with 2019 fire code (28 feet width of new roads)
Amended grade & angles of approach
Amended dead end fire apparatus turnarounds
Amended aerial access requirements
Added number of fire apparatus access roads for new developments

RECOMMENDATION
Staff Recommendation: 1) Discuss; 2) Deliberate; 3) Conduct a public hearing; 4) Introduce and waive the second reading Ordinance 23-01, an Ordinance of the Moraga-Orinda Fire District of Contra Costa County, California, adopting the 2022 Edition of the California Fire Code, with certain amendments, and by reference, the International Fire Code, 2021 Edition, published by the International Code Council and repealing Ordinance 20-01; consideration of Findings of Fact pursuant to Section 18941.5 of the Health and Safety Code; 5) Adopt Ordinance 23-01, adopting the 2022 Edition of the California Fire Code, with certain amendments, and by reference, the International Fire Code, 2021 Edition, published by the International Code Council and repealing Ordinance 20-01.

ATTACHMENT
Attachment: Ordinance 23-01 MOFD 2022 Fire Code redline Attachment: Ordinance 23-01 MOFD 2022 Fire Code.pdf
Attachment: 2022.12.21 Office of the Fire Chief-City of Orinda Fire Code Responses Attachment: 2023.01.05 Office of the Fire Chief-Town of Moraga Fire Code Response Attachment: 2023.01.11 - Public Comment Orinda City Council - First Reading Item 9.1
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Packet Pg. 143 Attachment: February 15, 2023 Staff Report re MOFD Ordinance 23-01 Adopting Fire Code (3044 : Ratification of Moraga-Orinda Fire District City Council
Staff Report
Agenda Item: H.3
Date: March 7, 2023
Department: Parks and Recreation
AGENDA TITLE: Authorize City Manager to Enter into the First Amendment of the Agreement with Bigbelly Smart Waste and Recycling System RECOMMENDATION:

BACKGROUND:

Up until June 2018, the City of Orinda had a total of 126 public space trash and recycling receptacles deployed city-wide, between its parks and open space, the community center plaza and library, City Hall, and the downtown corridor. Four separate parties (Parks and Recreation, landscape maintenance contractor MCE, Republic Services, and Public Works) were responsible for conducting frequent (proactive/preventative) bin collections between 3-5 days per week in an effort to keep the public spaces clean, safe, and inviting for residents and visitors. Those receptacles varied dramatically in terms of bin type and construction throughout the city, preventing any sense of familiarity or continuity to trash collection and recycling. Furthermore, out of the 126 receptacles, only 34% of the locations offered recycling. For instance, there was no recycling service available at the Wilder sports complex, where thousands of athletes and spectators visit each year.

In addition, the previous receptacles did not prevent individuals and pests from accessing waste/recyclables after materials were deposited in the units. Because the bins were not contained, rummaging and harvesting of receptacle contents occurred, and this, along with windy conditions, negatively impacted the cleanliness of the surrounding area and potential revenue from recycled materials. Lastly, City staff and trash collection personnel were forced to make contact with virtually every receptacle on a daily basis, first checking the capacity and then servicing as necessary, not to mention the time and resources required to collect wind-blown and rummaged trash present in the vicinity.

In late 2017, the Parks and Recreation Department, in coordination with Public Works and the City Manager’s Office, spent several months conducting a thorough evaluation to understand efficiency, effectiveness, and overall success of Orinda’s public space (outdoor) waste and recycling management operations. Bigbelly’s Regional Director of Northern California municipal waste and sustainability expert partnered with City Staff on the project to ensure the most accurate assessment possible, while upholding the highest level of integrity throughout data accrual, projected resource efficiency gains, H.3
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cost avoidance and savings calculations, and the improvement/solution recommendation.

After the 2017 staff review, the City Council authorized the City Manager to enter into a 5-year agreement with Bigbelly on January 16, 2018, at a cost of $599,877.69. By replacing Orinda’s traditional public space receptacles with Bigbelly’s smart waste and recycling system in mid-2018, the City has been able to offer 100% public space recycling across the city, while simultaneously reducing the required collection frequency (both time and resources associated) by 80%, compared to our previous operations. The new system is comprised of 49 double stations located throughout downtown as well as at all City Park facilities. Since Bigbelly’s smart solar-powered stations ensure complete waste containment, the ancillary maintenance tasks, such as litter collection, has been virtually eliminated in the vicinity of the receptacles.

Bigbelly’s “CLEAN” software has allowed the City staff and collection personnel to have complete transparency (historical, analytical, and real-time data) into our public space waste management operations, so we can monitor and track both short and long-term program success. Bigbelly receptacles are consistent with Orinda’s Strategic Priority of promoting recycling as well as with the mission of Recycle Smart; primarily by increasing recycling and reducing emissions related to frequency of service on trash/recycling receptacles. Reducing frequency of service has also diminished the likelihood of accidents and injuries, further decreasing our costs.

At the introduction of the new system, Republic and Mt. Diablo Recycling provided a seamless transition by immediately servicing Bigbelly receptacles in their current territory as well as expanded service to the Wilder Sports Complex.

DISCUSSION:

In the past nearly five years, negative citizen feedback regarding trash collection and service went from among the most common inquires Park and Recreation staff encounter to one of the least. In addition, litter collection and servicing trash receptacles were some of the most time-consuming endeavors City staff undertake and they encompassed a significant financial portion of the City’s contract with our landscape maintenance vendor at the time.

Since transitioning to the Bigbelly system, the City went from a collection practice that was not conducive to trash collection and recycling to one that ensures long-term success and showcases the City of Orinda’s commitment to environmental sustainability. By providing consistent recycling availability at every public space receptacle location throughout the city, Orinda’s city-wide recycling/waste-diversion program became successful. This was accomplished by ensuring infrastructural continuity, allowing residents and visitors to become familiar with the same type of bin and disposal offerings, whether they are at Wilder Park, downtown, or at the library, and; providing consistent and highly visible community education at every public space waste and recycling location for the first few years.

Through 2021, the Smart Waste Operations resulted in:

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- Over 200,000 gallons of waste and recycling collected - 81% collection efficiency
- 44% recycling diversion rate
- 86% reduction in monthly collections
- Significant reduction in plastic bag use/cost
The technology and continuity exhibited by Bigbelly has maximized the City’s operational and resource efficiency and successfully supported a robust city-wide recycling and community education program. The City will continue to benefit from the ability to reduce labor and contract costs associated with collection, aesthetic benefits of more contemporary receptacles, and reduced emissions related to servicing and emptying trash receptacles (contributing to environmental sustainability goals). These benefits, together, continue to demonstrate the City’s commitment to environmental sustainability and efficient management of public services.

Staff recommends that the City extend the existing agreement for five (5) year years on a sole source selection basis as authorized under Section 6.2 of the adopted Purchasing Policy. The factors contributing to this recommendation are that Bigbelly is a unique product with system and software specifications that are not currently available with other trash receptacle providers. Among the unique characteristics of the Bigbelly equipment and services are:
• Solar panels and battery included in the receptacle unit, with the ability to operate three weeks of compaction without sunlight because of Bigbelly’s patented energy management technology
• Ability to compact waste and increase the capacity to five times that of a similarly sized unit
• Installation, trouble shooting and warranty on all units for the life of the lease • Annual inspection and comprehensive station cleaning included in the lease • Web-based software which provides real-time status on all units in the network, historical reports, frequency of use charting, diagnostic alerts and email notification as well as mobile application and software upgrade compatibility • Units include separate waste and recycle options with compacting and noncompacting options, fullness/collection sensing capabilities, and bi-directional communication/remote programming capability
• Safety elements to protect user from compacting and moving parts of units • Over fifteen (15) years of experience providing solar powered trash compactor receptacles to public agencies, including many in the Bay Area.

NEXT STEPS:

City Council direct City Manager to sign and fully execute the 5-year service agreement amendment with Bigbelly and request funding from the CCC Solid Waste Authority (RecycleSmart) JPA for the Big Belly system continuation for the next five year period.

A copy of the Request for Withdrawal of Member Agency Reserve Funds form is attached (Attachment C).

FISCAL IMPACT:

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The proposed 5-year program cost is $460,084.37, which is structured as an amended services agreement with Big Belly continuing to provide the containers and maintaining the operational features and providing operating supplies. Notable services scheduled to occur early in the new lease period include the replacement of the solar bubbles on all of the high-capacity stations and the addition of foot pedals on a select number of the heaviest used stations. As previously noted, the funds for these services have come from an allocation from the City of Orinda’s share of member reserves by the CCC Solid Waste Authority (RecycleSmart) JPA. The Fiscal Year 2023-24 revenue and expenditures associated with this agreement will be included in the new two-year Budget later this year in the City’s Solid Waste/Recycling Special Revenue Fund.

ATTACHMENTS:

A. First Amendment to Connect Services Agreement
B. Executive Summary Proposal regarding Big Belly Renewal C. Draft Request for Withdrawal of Member Agency Reserve Funds Form Orinda 2023 D. Connect Services Agreement with Big Belly Solar, Inc.

Respectfully Submitted by:

Todd Trimble
Director of Parks and Recreation
Prepared By: Sheri Smith, City Clerk
Approved by:

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1 FIRST AMENDMENT

TO CONNECT SERVICES AGREEMENT
Reference: Bigbelly Connect Services Agreement No. 10116 by and between Big Belly Solar, LLC, as successor to and assignee of Big Belly Solar, Inc. (“Bigbelly”) and the City of Orinda, California (the “Customer”) dated as of March 9, 2018 (the “Agreement”).

THIS FIRST AMENDMENT to the above-referenced Agreement is entered into effective as of _________________ (the “First Amendment Effective Date”) by and between Bigbelly and the Customer.

Capitalized terms not otherwise defined in this First Amendment have the meanings given to them in the Agreement.

WHEREAS, Bigbelly and Customer are parties to the above-referenced Agreement pursuant to which the Customer is presently leasing, for a Term that expires on June 28, 2023, the following Bigbelly Smart Waste Systems: (a) 22 HC5/HC5 Double Stations, with Foot Pedals and Message Panels, (b) 10 HC5/HC5 Double Stations with Foot Pedals, (c) 3 HC5/SC5.5 Double Stations with Hoppers, Foot Pedals, and Message Panels, (d) 6 SC5.5/SC5.5 Double Stations with Hoppers, Foot Pedals, and Message Panels, and (e) 8 SC5.5/SC5.5 Double Stations with Hoppers and Foot Pedals (collectively the “Equipment”); and WHEREAS, the Customer desires to extend for sixty (60) months the Term of the Connect Services for the Equipment, commencing as of June 29, 2023 and ending on June 28, 2028 (the “Renewal Term”), at the Total Monthly System Cost (Connect Services Fees) during the Renewal Term as set forth herein; and NOW, THEREFORE, for good and valuable consideration, intending to be legally bound, Bigbelly and Customer agree as follows:

1. The Equipment/Hardware Configuration table set forth in the Connect Services Schedule on the first page of the Agreement is amended by showing the adjusted Monthly Connect Services Fees for the Equipment for the Renewal Term, as follows:

Equipment/Hardware Configuration
22 10
3 6
8 HC5/HC5 Double Stations with Foot Pedals and Message
Panels
HC5/HC5 Double Stations with Foot Pedals
HC5.5/SC5.5 Double Stations with Hoppers, Foot Pedals,
and Message Panels
SC5.5/SC5.5 Double Stations with Hoppers, Foot Pedals,
and Message Panels
SC5.5/SC5.5 Double Stations with Hoppers and Foot
Pedals
Monthly System Cost (Connect Services Fees) for the
Equipment for each month during the Renewal Term, to
be paid annually in advance.
$7,083.67
Upgrades and Repairs to the Equipment to be provided at no additional cost to Customer:
• Solar Bubble Refresh (67 Stations).

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Packet Pg. 148 Attachment: First Amendment to Connect Services Agreement (3037 : Agreement with Bigbelly Smart Waste and Recycling System) 2 • Repair of Fire Damage (Station 1515965).
• Front Door Upgrades (Stations 1515973,
1516191, 1515965, 1515938, 1516165,
1515943).

2. The Renewal Term will be sixty (60) months, commencing as of June 29, 2023 and ending on June 28, 2028, as the same may be extended or renewed pursuant to the terms and conditions of the Agreement.

3. Except as modified by this First Amendment, the Agreement remains unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed as of the First Amendment Effective Date.

City of Orinda, California (“Customer”) Big Belly Solar, LLC (“Bigbelly”) By: By:

Name: Name: Brian Phillips
Title: Title: CEO
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Packet Pg. 149 Attachment: First Amendment to Connect Services Agreement (3037 : Agreement with Bigbelly Smart Waste and Recycling System) Quote Number: Q32942-2
October 27, 2022
Bigbelly 2022
Executive Summary Proposal

CITY OF ORINDA
Program Overview
Connect is Bigbelly’s turnkey smart city solution which delivers a connected smart waste and recycling platform and provides Customers with a partner to help deploy, manage, and optimize their customized solution over a 60-month term. This subscription-based service was designed to deliver a flexible, scalable, smart platform that transforms waste operations today, and enables Customers to benefit from the technology innovations of the future.

Connect 60 Month Renewal Term
System Software Automated System Monitoring
 CLEAN Management Console Licenses for Full Term
 CLEAN Mobile Software Licenses for Full Term  Automated System Diagnostics and Alerts Equipment/Hardware Cleaning and Inspection
 Custom Configuration as Detailed Below  Annual Comprehensive Station Cleaning  Annual Station Inspection
Customer Support Warranty
 On-Site Installation for Stations  Hardware Parts Warranty for Full Term Equipment/Hardware Configuration
22 10
3 6
8 HC5/HC5 Double Station with Foot Pedals and Message Panels HC5/HC5 Double Station with Foot Pedals
HC5/SC5.5 Double Station with Hoppers, Foot Pedals, and Message Panels SC5.5/SC5.5 Double Station with Hoppers, Foot Pedals, and Message Panels SC5.5/SC5.5 Double Station with Hoppers and Foot Pedals Connect Renewal Start date: 6/29/2023
Connect Renewal End date: 6/28/2028
Serial Numbers Covered via Renewal:
9500832,9500833,9500834,9500835,9500836,9500837,8500361,8500362,8500363,8500364,8500365,8500366,8500367,8500368,1515925, 1515926,1515927,1516191,1515928,1515929,1515930,1515931,1515932,1515933,1515934,1515935,1515936,1515937,1515938,1515939, 1515940,1515941,1515942,1515943,1515944,1515945,8500355,8500356,8500357,8500369,8500359,8500360,1516160,1516166,1516167, 1515913,1515914,1515915,1515916,1515917,1515918,1515919,1515920,1515921,1515911,1515922,1515923,1515924,1515962,1515963, 1515964,1515965,1515966,1515967,1515968,9500841,9500845,9500844,1515952,1515953,1515954,1515956,1515957,1515958,1515955, 1515959,1515960,1515961,1515969,1515970,1515971,1515972,1515973,1515974,1515975,1516161,1516162,1516163,1516164,1516165, 9500846,9500847,9500848,9500849,9500850,9500838,9500839,9500840 Upgrades and Repairs Covered via Renewal:

Solar Bubble Refresh of (67) Stations
Station Repair from Fire (1515965)
Front Door Upgrades (1515973, 1516191, 1515965, 1515938, 1516165, 1515943) Total Monthly System Cost $7,083.67
1Pricing is valid for 60 days from October 27, 2022.
2Sales Tax is NOT included in above pricing.
3Pricing is subject to Connect Program Terms and Conditions.

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Packet Pg. 150 Attachment: Executive Summary Proposal regarding Big Belly Renewal (3037 : Agreement with Bigbelly Smart Waste and Recycling System) Date of Request:

Member Agency:

Item # Item Description Amount
1 Year 1 Bigbelly subscription 85,004.04
2 Year 2 Bigbelly subscription 85,004.04
3 Year 3 Bigbelly subscription 85,004.04
4 Year 4 Bigbelly subscription 85,004.04
5 Year 5 Bigbelly subscription 85,004.04
6 7
8 9 Sales tax 35,064.17
10 11
12 13
14 $ 460,084.37
Board Approval Date:

Executive Director
Signature:

List Item Description and Amount

REQUEST FOR WITHDRAWAL OF MEMBER AGENCY

RESERVE FUNDS
Total Withdrawal Amount
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Packet Pg. 151 Attachment: Draft Request for Withdrawal of Member Agency Reserve Funds Form Orinda 2023 (3037 : Agreement with Bigbelly Smart Waste CONNECl ._,BRVICES AGREEMENT
~~tNo. 101J6
Full Legal Name: City of Orinda Legal Contact;

2.2- 01' rv\J~
Or;""e!4<... c.A- ~ '-(6:6 '3
BiDing Contact:

Billing Address: BillingPbooe:

Billing Email:
o &empt (Attach Certificate) TIN or FEIN: Sales TIIJtStatus:

Non-Exempt
Self-Insw-ed
lnsunmce:

Shipping Coll1act:

Shipping Pirone:

ShippiDg Email:
-
Connect Service Schedule
•
System Sotlware
~
Automated System Monitoring
.
• CLEANManagement Console licenses for Full Term
• Automated System Diagnostics aod Alcrtll • CLEAN Mobile Software Liccmea for Full Term •
EqujpmeDtlHardw~ e C1eming and lDspeclion
• Custom Coofiguration 85 Delailcd Below • Annual. Comprdleusive Station Cleaning • Annual21-Point Station Inspection
e Statiou lns1BUation • Wmanty
• Oo-Site Installation for Stations • Hardware Parts Warranty for Fun Term (includes battery)
•
Setup and TminiD8 e Customer Support
• CLEAN Management Console Software Account Setup • Customer Support Hotline and Trained Field Service • System Training & Onboarding Profeasiouals
•
EquipmentlHardware ConfiguJation
• 22 HCSfHC5 Double Slatioos with Message Pauela
• 10 HCSfHC5 Double Stations
• 3 HC5fSCS.S Double Stations with Message Panels
• 6 SCS.SfSCS.S Double Stll1ioos with Menage Panels
• 8 SCS.S/SC5.5 Double Statioos
Service Fee: Total Annual System Cost $100,000.32
10 Boxes ofHC Bags (Box of 50) $335.00
S Boxes ofSC Bags (Box of 1(0) $245.00
Shipping: One Time Fee $14,926.00 I
This Service Agreement (the "Agreement"), made and entered into as of ~ till (i (the "Effective Date"), by and between the Customer identified above ("Customer") and Big Belly Solar.Inc. (UBigbelly", • endorj a Delawarecorporation located at 150A Street, Connect by Bigbclly Service Agreement CSA20160216 Page 1 II H.3.d
Packet Pg. 152 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) Suite 103, Needham, MA 02494, and incorporates herein by reference the attached Terms and Conditions. Vendor and Customer shall each be referred to herein as a "Party." The initial term of this agreement shall be 60 Months (the "Initial Term"), The payment terms of this Agreement are IlIlI1U.aIin advan Payment Terms"). This Agreement may be executed in counterparts, each ofwbich shall be an original, but which t shall titute one instrument. Intending to be legally d, each of the parties has caused this Agreement to be executed by i representative as of the date set forth above.

Page21JI Connect by Bigbelly Service Agreement CSA20160216 H.3.d
Packet Pg. 153 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) ATIACHMEN! A
CQN1'n~CT SERVICE TERMS AND CONDITIONS
For purposes of this Attachment A, the •Agreement' shall mean the Connect Service Agreement signed by the parties. The meaning of capitalized and undefined tenns appearing in these Terms and Conditions shall be as set forth in the Agreement unless otherwise indicated herein.

I .0 Definitions

1.1 ~ The term "Service" means Connect by Bigbelly, including software, equipment, equipment delivery, installation, customer service and equipment maintenance, warranty for defective part replacement and repair, set up and training and any other features, products or services provided as part of and included under the terms of this Agreement.

1.2 Equipment The term "Equipment" means station hardware and accessories provided by Bigbelly to Customer for use with the Service.

1.3 Software. The term "Software" refers to CLEAN cloud-based software for usc with mobile or desktop devices intended for use by Customer with the Service.
<,

2.0 Term of Agreement

2.1 Ism!!. The Term of this Agreement will commence on the date that all Equipment ordered pursuant to this Agreement has been delivered to the Customer and received atCustomer's receiving location Upon expiration of the Term, 1hls Agreement will automatically renew fur subsequent one-year terms (each a "Renewal Term") unless terminated according to Section 6.7 below. As used herein, "Term" shall mean the Initial Term and any applicable Renewal Terms. Except to the extent otherwise provided herein, the Term is non-cancelable.

2.2 Non-Renewal. IfCustomer elects not to renew, Customer must provide written notice to Bigbelly at least three (3) months prior to the expiration of the CUITent Tenn.

3.0 Fees Payable by Customer

3.1 Ee, In compensation for the Service described inthis Agreement, Customer agrees to pay the Service Fee specified in the Service Schedule and any fees payable fur additiooal custominstion and/or services. Fees shall become payable on the dab: by whichall the Equipment ordered pursuant to this Agreement has been delivered to the Customer. BigbeUy shall submit invoices to Customer during the Term of this Agreement per the Payment Terms outlined in the Service Schedule and Customer shall pay each invoice on the date due. All payments shall be made by check or, atCustomer's option, may be automatically deposited to the account of Bigbelly as authorized by Customer by means of Customer submitting a signed Pre-authorization Payment Form ("PAP') identical to the PAF attached hereto as Attachment B.

Any failure by Bigbelly to provide an invoice in a timely manner shall not affect Customer's obligation to make payments. Whenever any sum due hereunder is not paid when due, Customer agrees to pay to Bigbelly, on the next due date, a late charge equal to five percent(SO.4)of the amount ohuch late payment (but not less than 510.00), but only to the extent permitted by law. Late payments shall be subject to interest at the rate of eighteen percent (18%) per annum.

3.2 Service Fee Prices. Service Fee Prices are guaranteed for the first twenty-four (24) months of Service. Thereafter, Service Fee Prices shall not increase over the amounts charged for the immediately preceding Term bymore than the rate of inflation as reflected by the Consumer Price Index - Urban for all US Cities, unadjusted (''CPI-lf'). BigbeJty will provide Customer at least 120 days prior notice ofa price change.

4.0 Obligations of the Parties

4.1 Bigbelly's Obligations
(A) Equipment BigbeUy will supply the Equipment identified in the Service Schedule an a rental basis to Customer for the Term of the Agreement. The Equipment will be either new and/or BigbeJly refurbished equipment (8) System Software. The CLEAN Software License Agreement includes communication services and access to the CLEAN Management Console and CLEAN Mobile. Customer's use of the Software is subject to the CLEANTMSoftware License Agreement.
(C) Eauipment DeliveIT· Bigbelly will deliver the Equipment at Customer's expense to Customer's receiving dock or to a location mutually agreed upon by the parties before the shipment Bigbelly hereby warrants that its Equipment is:
(a) good and merchantable, (b)free from defects and mal functions, (c) free of liens, security interests or other encumbrances, (d) complies with all applicable laws, rules, regulations, and orders, and (e) is fit for the purpose for which the Equipment is intended.

Connect by Bigbelly Service Agreement CSA20160216 Page3!!1 r
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Packet Pg. 154 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) (D) StalionJnstallation. Bigbelly Equipment will be installed at mutually agreed upon locations, including semipermanent attachment to the greend, Installation will be in accordance with the delivery and installation schedule agreed to by the parties.
(E) Setup and Training. BigbeJIy shall, at its expense, provide Customer Equipment and Software setup and training.

The parties shall agree upon the location and methodof training. (F) Warranty - Defective Part Replacement and Repajr. Replacement parts required due to manufi1cturer defects or workmanship will be provided by Bigbelly at no cost to Customer. All other repairs and part replacements, including but not limited to, repairs or replacements required as 8 result of external trauma or damage (mcluding but not limited to vehicle strikes or vandalism) are specifically excluded and must be repaired or replaced at Customer's expense. Custom add-ens including vinyl wraps purchased by Customer are not covered by this warranty and repair and replacement shall be at Customer's expense, unless the damage is caused by Blgbelly or its employees, subcontractors or representatives, in which case any repair or replacement will be at Bigbelly's expense.
(0) Customer Support and EquiPment Maimenans;e. Except for losses described in Section 52 below, Bigbelly will support the Customer in the maintenance of the Equipment at its sole discretion and expense in order to optimize up time. Technical CustoIllE.r Support is available Monday through Friday, 7am to 6 pm ESf to guide Customer in troubleshooting, repair and replacement efforts and to assist with parts ordering. In addition. Bigbeny maintains a network of trained Field Service professionals available for dispatch upon Customer request to investigate and resolve issues in the field.

Equipment batteries will be provided at no COllI:to Customer during the Term of the Agreement at BigbeUy's discretion, but no less frequently than necessary for the normal operation of the Equipment. If station operating conditions change such that insufficient sunlight is available fur normal station operations (for example, Customer moves station into storage and fails to switch off station or places station under awning), and as a result t!re equipment battery fails prematurely, battery will be replaced at Customer expense. (H) Remoyal. Upon termination, Bigbelly will de-install and remove the Equipment at Customer's expense, which amount shall not exceed $600 per station. Equipment so removed shall be in operational condition and free of any damage for which Customer is responsible pursuant to Section 5.2 below. (I) Subcontractor Services. Bigbelly may contract with third parties to provide the Service. (1) Bigbelly Insurance. During the Term of the Agreement, Bigbelly $hall maintain the following insurance coverages:
(i) commercial general liability insurance covering both bodily injury and property damage with limits of at least $1,000,000 per occurrence/S2,OOO,OOOannual aggregate, (ii) automobile liability insurance with combined single limit of $1,000,000 covering bodily injury and property damage, and (iii) workers compensation and employer's liability insurance as statutonly required. Customer and its officials. employees and agents shall be named additional insured on both the general liability and automobile insurance. Bigbelly's insurance coverage shan be primal)' insurance as respects to the Customer, its officers, officials, employees, or agents and any insurance maintained by the Customer, its offlcers, Officials, employees, or agents shan be excess of'Bigbelly's insurance and shall not contribute with it. With respect to the worker's compensation and employer's liability coverage, the insurer shall agree to waive all rights of subrogation against the Customer, its officers, officials, employees, or agents for losses arising from work performed by Bigbelly. Any deductibles or self-insured retention will be declared to Customer. Insurance is to be placed with insurers with a Best's rating of no less than A:VH. Prior to commencing work under this Agreement, Bigbelly shall furnish Customer with certificates of insurance and endorsements effecting coverage required herein. Customer reserves the right to require complete certified copies of all required insurance policies. Any failure to comply with reporting provisions of the policies shall no affect coverage provided hereunder,
(1<) Prevailing Wages. Bigbelly shall pay applicable prevailing wages to each person employed to perform the Service.

4.2 Customer's Obligations
(A) Customer information & Access. Customer agrees that Bigbelly's ability to perform the Service under the Agreement in 8timely manner is dependent upon access to Customer's installation information and locations.

Deadlines imposed by this Agreement shall be extended in the event that Customer fails to provide such information and/or access in a timely manner.
(B) Shipping. Customer agrees to pay for shipping expenses and to provide an appropriate facility that can receive, inspect and stage all Bigbel1y Equipment amil the Equipment is installed. (C) Site Preparation. Customer agrees to provide a poured concrete pad if the intended installation surface does not meet Bigbelly specifications. [f Customer's installation surface does not meet such specifications, any additional cost associated with Bigbelly's efforts to properly prepare the surface will be at Customer's Connect by Bigbelly Service Agreement CSA20160216 Pap;e4; II '.-----"'-.--....,.,....-"'IIIC.f)""~r----.....4'!""1--------- H.3.d
Packet Pg. 155 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) expense. It IS the Customer's responsibility to remove, at Customer's expense, existing bins or any other items from the locations where Bigbelly stations will be installed (D) Operational Safety. Customer agrees to provide immediate notice to Bigbelly with respect to any damage or other event which causes the Equipment to pose a public safety issue or create unsafe operating conditions and Customer shall take prompt action if necessary, to eliminate such public or operator safety issues. Customer will promptly service or replace any Equipment that Customer has identified as causing a public safety issue or creating unsafe operating conditions. If after applying best effort, Customer cannot resolve the issue, Customer will contact Bigbelly Customer Service and BigbeJly will resolve the issue at Bigbelly's expense, unless unsafe operating condition is due 10 losses described in Section 5.2. (E) Automated System Monitoring & Cus10mer SuPPOrt Escalation • Customer will respond to routine maintenance and repair issues they observe or are notified of via automated CLEAN alerts. Customer will use best efforts to promptly resolve issues andmay contact Bigbelly Customer Service to receive troubleshooting assistance and instructions for proper repair. If a replacement part is needed to resolve the issue, Customer will contact Bigbelly Customer Service to request a part(s). If Customer best efforts do not resolve the issue, Customer should contact Bigbelly Customer Service.

If Bigbelly Field Service is djspatc~ and BigbeUy determines the issue is due to failure of Customer to provide best effort. to Customer error, or to damage B.8 described in Section 5.2 below. Bigbelly reserves the right to bill Customer for incurred expense. Furthermore, if a replacement part is provided and Bigbel1y determines that the original part failed due to misuse or abuse, Customer is responsible for replacement rom per Section 52 below.
(F) Clearung & Inspection - Up to five (5) cleaning and inspection visits from Bigbelly are included during the Term of this Agreement. One cleaning and inspection visit per every 12-month period shan be made available upon request at no cost to Customer. Customer will use best efforts to maintain general cleanliness of Equipment throughout the contract Term. If. after applying best effort to maintain Equipment cleanliness. Customer finds equipment needs an additional cleaning andinspection visit, Customer may contact Bigbelly Customer Support to request a cleaning and inspection visit Additional cleaning and inspection visits that are not included in the terms of this Agreement will be at Customers expense. (G) Insurance. This Section 4.2(0) shall not be applicable if Customer has provided evidence of self-insurance acceptable to Bigbelly and maintains such self-insurance in full force and effect. During the Term of this Agreement, Customer will keep the Equipment insured against all risks of loss or damage inan amount not less than the replacement cost thereof, with deductible not to exceed $15,000.00 and without co-insurance.

Customer will also maintain fortbe Term of this Agreement, commercial general liability insurance covering both bodily injury and property damage of at least $1,000,000 per occurrencel$2,OOO,OOOannual aggregate. BigbeUy and its assigns will be named as loss payee on the Property insurance and additional insured on General Liability insurance. Customer will pay all premiums for such insurance and must deliver proof of insurance coverage satisfactory to Bigbelly. If Customer docs not provide such insurance, it agrees that Bigbelly has the right, but not the obligation, to obtain insurance against theft and physical damage and add an insurance fee to the amount due from Customer, upon which Bigbelly may make a profit. (H) Equipment Relocation. Within five (5) business days following relocation of any Equipment, Customer shall notify Bigbelly in writing of the specific location of such Equipment.

5.0 Equipment Rental Terms and Conditions

5.1 Title To and Use of Eauipment
(A) Title. As further set forth inSection 6.4 below, Bigbelly is and will at all times be the sole owner of the Equipment.

Customer shall not acquire any title or interest, legal or equitable, in the Equipment, other than the use rights set forth in this Agreement In the event this Agreement is deemed to be disguised sale, Customer hereby grants 10Bigbelly a security interest in the Equipment (and all accessions thereto and substitutions therefore) and the proceeds thereof
(B) Use ofEauipment. Customer shall not use the Equipment for other than intended purposes. Customer shall ensure safe operation of the Equipment by trained persormel. Customer shall comply with all Bigbelly and governmental guidelines, laws, rules, regulations and ordinances applicable to the use and operation of the Equipment.
(C) No Pledge. Customer shall not pledge, lend, create a security interest in or permit any lien to attach to the Equipment or any part thereof or attempt in any other manner to dispose the Equipment. (D) No Attachments. Customer represents and warrants that the Equipment is, and shall at all times remain, fully removable personal property notwithstanding any affixation or attachment to real property or improvements.

Customer shall give BigbeUy immediate notice of any such attachment or other judicial process affecting the Connect by Bigbelly Service Agreement CSA20160216 Page 5111 ------------,-- .......-----_.,..----------- ....._.._
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Packet Pg. 156 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) Equipment and shall immediately take all action necessary to remove such attachment and terminate the effect of such judicial process on the Equipment.
(E) EQuipment Inspection Rights. Bigbellyand its agents shall have the right to enter any premises where Equipment is located to inspect such Equipment at any time with reasonable advance written notice to Customer.

5.2 Risk of Loss. From the time of delivery of Equipment by Bigbelly to Customer until the Equipment is removed by Bigbclly, Customer will bear the entire risk of whole or partial loss, theft, destruction or damage to the Equipment resulting from any causes other than Bigbelly's or its employees' or contractors' agents' actions or omissions with respect to the Equipment or defects, flaws or malfunctions in the Equipment, or requisition of the Equipment by any governmental entity. or expropriation or the taking of the Equipment by eminent domain or otherwise (collectively, "Loss"). Customer will give Bigbelly written notice within 10 days of any Loss ("Loss Notice"). (fany Equipment is damaged but can be economically repaired, Customer will immediately have the Equipment restored to good working order and condition by Bigbelly at Customer's expense and Customer agrees to immediately pay, on demand, all costs and expenses incurred in connection therewith. Upon the occurrence ofany other kind of Loss or ifthe Equipment is not economically repairable, Customer will, upon Bigbelly's demand, pay Bigbelly the replacement cost of the Equipment as solely determined by Bigbelly.

6.0 General Terms and Conditions -,

6.1 Taxes and Other Charges. Customer is responsible for all taxes (including sales, use and personal property tax), fees, and assessments (collectively, "Taxes") that may be imposed by any govenunental entity or taxing authority in connection with this Agreement or the Equipment or any amount due hereunder. Customer will reimburse Bigbe1ly (OT pay directly to tbe applicable taxing authority ifinstructed in writing by Bigbelly) for all such Taxes except to the extentCUstomer is tax-exempt and has delivered to Bigbelly a valid and current tax exemption certificate as reasonably detennined by Bigbelly.

6.2 Service. Customer agrees that during the Term of the Agreement, itshall keep in effect the Service as defined in the Agreement. Unless otherwise agreed ina written amendment to this Agreement, Bigbelly or its subcontractors shall be the sole and exclusive suppliers of the Service.

6.3 Additions and Modifications of Equipment. Unless otherwise expressly agreed by an officer of Bigbelly in writing, Customer shall not make any additions, alterations or modifications to the Equipment Customer shall not remove, cover or damage any Bigbelly logos or other identification markings on the Equipment

6.4 Ownership Rights. The Equipment and Software contain intellectual property including but not Iimitedto patented and unpatented inventions, trade secrets, know-how, and copyrights all of which is owned and will continue to be owned exclusively by BigbeUy and'or its licensors and Customer will obtain no rightsthereto other than the limited rights ofuse under this Agreement. Customer acknowledges and agrees that all teclmology, materials, hardware, software, content and data of which the Equipment and Software is comprised or which is otherwise contained within or attached to, generated, collected or processed by the Equipment and/or Software is the sole and exclusive property ofBigbeUy. Bigbelly hereby grants CtNomer a royalty-free, non-exclusive, fully paid up right and license to use the Eqllipment, the Software, and any intellectual property rights therein as necessary for Customer and its contractors to use the Equipment and Bigbelly Service consistent with the terms and conditions of the Agreement and these Terms and Conditions. Bigbelly ~ the right, at its sole cost and expense and subject to applicable govemmcntalguidelines, laws, rules, regulations and ordinances, at any timeupon notice to Customer, to enhance or otherwise modify the Equipment andlor Software made available to C~omer under this Agreement, including but not limited to enhancements or moditications for the purpose of implementing Wi-Fi network capability to the Equipment, instituting mechanisms for data collection, processing and analysis. 8igbeJIy retains all media rights associated withsignage, and Customer agrees not to post signage and'or advertisements on the Equipment without written approval by Bigbelly. For avoidance of doubt, this does not prohibit customer from displaying messages solely on behalf of customer such as public service messages.

6.5 Termination
(A) Effect of Termination. Except as provided for in Section 6.7 below, any termination of the Agreement by Customer, with or without cause, shall not relieve Customer of its obligations to make any and all payments due under this Agreement
(8) Post Termination Duties I Surrender of Equipment. Upon the expiration or earlier termination or cancellation of the Agreement, Bigbelly shall remove the Equipment as described in Section 4.1 (H) above.

6.6 Indemnifications by the Parties
(A) Indemnity by Bigbelly. Bigbelly shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by Customer), and hold Customer and its directors, officers and employees, harmless, and defend Customer and its representatives if it requests, as to all claims, demands, actions, liabilities, losses, damages and expenses (including reasonable attorneys' fees and other legal expenses and amounts paid in settlements) brought against Customer or its representatives because of (a) any breach or alleged breach by Connect by Bigbelly Service Agreement CSA20160216 Page6111 ------ --------.......-........----_.-..------- ·r~~r
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Packet Pg. 157 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) Bigbelly of any of its warranties to, or agreements with. Customer, including Bigbelly's fuilure to comply with obligations under this Agreement, (b) any claim that any of tile product or services infringes any patent, trademark, copyright or other intellectual property right, anywhere in the world, or (c) any death. injury or damage to any person or property caused by Bigbelly's negligent performance of the Service. In no event will Bigbelly be liable for or indemnify Customer against any damage, claim or injury arising out of Customer's or any third party's actions, including but not limited to accidental or intentional tampering with the Equipment. Notwithstanding the foregoing however, Bigbelly's maximum liability with respect to subsection (b) herein shall be limited to twice the amount of fees paid by Customer with respect to the infringing product or services.
(B) Indemnity by Customer. Customer shall indemnify and hold Bigbelly and each of their directors, officers and employees, harmless, and defend Bigbelly and its representatives if it requests, as to all claims, liabilities, losses, damages and expenses (including without limitation, reasonable attorneys' fees and other legal expenses and amounts paid in settlements) brought against Bigbelly aodlor its representatives because of (a) any breach or alleged breach by Customer of any of its representations, warranties, or agreements with Bigbelly, (b) any claim that any of the information provided by Customer to Bigbelly infringes any patent, trademark, copyright or other intellectual property right, anywhere in the world, or (c) any death, injury or damage to any person or property ~ by or resulting from Customer's negligence in operating or securing the Equipment.
(C) Surviyal of Indemnity. The rights and obligations of Customer and Bigbelly under this Section 6.6 survive the termination, cancellation or expiration of this Agreement and are not limited by the provisions of this Agreement relating to insurance.

6.7 pefault pispute Settlement: Governing Law
(A) Definition of Defuult The tenn "Default" means any of the following events; (i) Customer fails to make any payment required under this Agreement within ten days after the same shall have become due; (ii) Customer or Bigbelly fails to perform any other obligation under this Agreement and such non-performance isnot cured within thirty (30) days following notice or Customer fails to provide insurance as required under this Agreement; (iii) Customer defaults under any other Agreement with Bigbelly (iv) Customer or Bigbelly becomes insolvent or makes an assignment for the benefit ofits creditors; (v) a receiver, trustee, conservator or liquidator of Customer or Bigbelly of all or a substantial part of such party's assets is appointed with or without the application or consent of such party; (vi) a petition is filed by or against Customer or Bigbelly under any bankruptcy, insolvency or similar law; (; (vii) any warranty or representation made by either party herein proves to have been false or misleading when made; or, (viii) there is a material adverse change in Customer's financial condition.
(B) Default by Customer. Upon the occurrence of a Defuult by Customer, Bigbelly may do one or more of the following as Bigbelly in its sole discretion shall elect: (i) initiate Dispute Settlement procedures pursuant to subsection (D) herein to enforce performance by Customer of the Agreement or to recover damages for the breach thereof; (ii) cause Customer, at its expense, to promptly return the Equipment to Bigbelly at such place as Bigbelly designates in writing; (iii) by notice in writing to Customer, cancel or terminate the Agreement, without prejudice to any other remedies hereunder; (iv) enter upon, or instruct its agents or assigns to enter upon, the premises of Customer or other premises where any Equipment may be located and take possession of and remove all or any portion of such Equipment without liability to Customer by reason of such entry or taking possession; (v) require Customer to pay to Bigbelly immediately upon demand, in addition to all amounts then due under this Agreement, liquidated damages in the amount of the greater of (A) eighty percent (80010)of the remaining Service fees to become due during the InitialTerm or (8) one year of Service fees, which amount, owing to the acknowledged difficulty in establishing a value for the unexpired Initial Term, the parties agree represents an agreed upon reasonable measure of damages and is not to be deemed a forfeiture or penalty; (vi) charge Customer interest on all monies due Bigbelly at the rate of eighteen percent (18%) per year from the date of defuult until paid, but in no event more than the maximum rate permitted by law; (vii) collect from Customer all expenses incurred by Bigbelly in connection with the enforcement of any remedies, including all expenses of repossessing, storing, shipping, repairing and .selling the Equipment and reasonable attorneys' fees; and (viii) exercise any other right or remedy available to Bigbelly under applicable law.
(C) Default by Bigbelly. Upon the occurrence ofa Bigbelly Default, Customer may do one or more of the following as Customer in its sole discretion shall elect; (i)initiate Dispute Settlement procedures pursuant to subsection (D) herein to enforce performance of the Agreement or recover damages for the breach thereof; (ii) cause Bigbelly, at its expense, to promptly collect the Equipment; (iii) by notice in writing to Bigbelly, cancel or terminate the Agreement, without prejudice to any other remedies hereunder; (iv) collect from Bigbelly all expenses incurred by Customer in connection with the enforcement of any remedies, including all expenses Connect by Bigbelly Service Agreement CSA20160216 Page 7111 ------'1,.' -....,U·."";----_,------------ "!r:~~r ------ !1.:~~!
H.3.d
Packet Pg. 158 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) of repossessing, storiog, shippiDg. repairing and selling the Equipment and reasonable attorneys' fees; and (v) exercise Ill)'other right or remedy available to Customer under applicable law. (0) Dispute Setdemem. Inthe event of any dispute arising due to a Defiwlt or with respect to the terms of the Agreement or obligations Qf the parties. the parties agree to discuss the dispute in an BUempt to amicably resolve such dispute wi1bin 30 days of the date of a written notice of such dispute by one party to the other.

Failing any such resolution, either party will be freo 10seck remedy througha court of competent jurisdiction. (E) ContjrnI!tion of Obligati<!m. The occurrence of a dispute 1D:Ider or rolating to the Apement shall not relicNe Bigbelly ot; or change in any way, BigbeDy's obligation to provide tbe Service in accordance with the tenDs of the Agreement IlOJ shaD the occurrence of a dispute under: or relating to the Agreement relieve Customer of its obligations to make any and aD payments described in the Agreement, including the Attachments. (F) Govemjoa Law. The Agreement including the Attachments shall be iDteJpreIed POder the laws of the courts of the Slate ofCalifornia, without regard to principles of conflicts of lawor the United Nations Convention on the International Sale of Goods. Each party COD8CDtS to the personal jurisdiction of ftIderal and state courts located iD Califomia. Customer agreea that service of process in any action or prooeecting may be duly affected upon Custom« by mailina such process via certified mail. reIum TtICOipt requested or as otherwise provided under applicable Jaw. EXGl:PT AS PROHIBITED BY APPUCABLE LAW, BACH PARTY HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY UflOATION ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OR 1HE EQUIPMENT.

6.8 Assignment. Customer may not assign this Agreement or any rights bcreunder, or sublease or lend any Equipment without ~ prior written consent of Bigbelly. No assigmnent or sublease sbaIl relieve Customer of its obligations hereunder and Customer shall remain primarily 1iab1e for such obligations. Any sale, assignment, transfer, encumbrance, delegation, or sublease by Customer not consented to by Bigbelly shaD be void ab initio. Bigbellymay at any time assign to any person (an "Assignee") any interest in this Agreement Inpart or inwhole or pant security interests in the Equip~ and/or the Bigbelly's rights hereunder. Insuch evem, all the provisions of this .Agreement for the benefit of BigbeHy shall imJre to the benefit of and be exerc:ised by or on behalf of sud!. Assignee, but the AsaigneeshalJ Dot beliable for or be RlCluiredto perform any of Big belly's obligations toCustomer and Bigbellyshall retain such Obligations. Customer acknowledges that any such assignment sbaD not materialJy change Customer's duties or obligations hereunder. Subject 10 the foregoing, tlr;.Apeemcntshall~ to tlr;beDefit o( and be b.indiDsupoo. the successors aDd penniUed assigns oftbe parties hereto.

6.9 RelationBbjp of Parties, Bigbelly and Customer are each independent eDlities and the relatiODsbip between BigbeIly and Customer UDder the Aga:cmcnt is not a joim ~ partnersb.ip.princlpat-agent, brokl:::r, sales replesentati:ve or Banchise relationsbip. Bigbollybasnoau1boritytomakeanypromise,commitmentoragreementonCustomer'sbebalt;aodBigbeDy will DOt represent to 8Il)'OIIethat itdoes have such authority.

6.10 ~ Each notice provided for in the Agreement shall be given in writing and become effective when:
(A) served by personal delivery to the recipient's Legal Department or Contract Administrator; Customer: ~f On V1.cla.. BIGBElLYSOLAR,INC.:

Name: _ sr.J Dh'\O() Brian Phillips
Title: C i~ M~e.¥"" PresidentJCEO
Address: y-.i2rjN1O:W~ 150 A Street, #103
_V'l __ • GA _$:2 Needham. MA 02494
(B) deposited, postage prepaid in the Unitod States registered or certified mails addressed to the recipient's Legal Department or Contract Administnrtor;
(C) dispatched to the recipient's Legal Department or Contract Administrator via overnight mailusing UPS, Federal Express or similar carrier; or,
(0) sent to recipient's Legal Department or Contract Administrator: via fiwshnile or other electronic means if delivery does not require a signature or other confirmation of delivery.

6.11 Force Majeure. Any delay or failure of either party to perform its obIiBations (other than payment obligations) shaD be excused ifitis caused by an extraordinary event or occurrence beyond the conlrol of the nonperforming party and without the nonperfonning party's fiwlt or negligence, such as acts of God, fires, floods, windstorms, explosions, natural disasters, wars and sabotage. Raw material or labor shortages are not force majeure events. Bach party shall promptly notifY the other of the reason for the delay BOduse its best effortB in curing such cause and shall take all action practicable to minimize the adverse impact of the delay on the other party.

Connect by Bigbelly Service Agreement CSAl0160216 Page 8111 , ,
H.3.d
Packet Pg. 159 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System)

6.12 No Wanantic:s. Customer hereby acknowledges that it has not entered into ate; Agreement including the Attaclnnents in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically set forth therein.

6.13 Use of Trade Names andTraciemIll"ks. Neither party may use the trade name, service mark, logo or trademark of the other party for any purpose without previous penn ission in writing from the other party.

6.14 Damages. Unless otherwise provided in the Agreement, in no event shall either party. or its affiliates, shareholders, officers. directors, employees, agents, or representatives, or assigns be liable for lost revenue, lost profits, incidental, indirect or consequential damages, resulting from any aspect of the Service provided in connection with this Agreement, Bigbelly's maximum aggregate liability to Customer in relation to or in cormection with the Agreement will be limited to the total amount paid by Customer to Bigbelly under the Agreement

6.15 Injunctive Relief. If there is a breach or threat of a breach of the terms of the Agreement, the parties agree that compensation alone would not be an adequate remedy fur the harm suffered by the non-breaching party, which hann would be immediate and irreparable. Therefore, ifthere is a breach or threatened breach, then the non-breaching party shall be entitled to seek inj\Ulctive relief to stop the breach or threatened breach. The rights and obligations of the parties under this provision survive the termination, cancellation, or expiration of the Agreement

6.16 Reorgenlations. This Section 6.16 is ndt- applicable if Customer is a governmental entity, agency or authority. CUstomer hereby represents, warrants and covenants to Bigbelly that: (a) Customer is organized and validly existing WIder the laws of the jurisdiction of its organization, with adequate power and capacity to enter into the Agreement and any other documents, instnunent or agreement related to this Agreement; (b) The Agreement has been duly authorized, executed and delivered by Customer and constitutes a valid, legaland binding agreement, enforceable in accordance with its terms, except to the extent that the enforcement of remedies therein provided may be limited under applicable bankruptcy and insolvency laws; (c) no approval, consent or withhcldiog of objections is required from any governmental authority or instrumentality with respect to the entry into or performance by Customer of the Agreement, except such as have already been obtained; (d) there are no suits or proceedings pending or threatened in court or before any regulatory commission, board or other administrative governmental agency against or affecting Customer, which will have a material adverse effect on the ability of Customer to fulfill its obligations and liabilities under the Agreement

6.17 Fiscal Funding. This Section 6.17 is effective only if Customer is a governmental entity, agency or authority. Customer hereby represents and warrants to Bigbelly that:(a) Customer is a State, possession of tile United States, the District of Columbia, or political subdivision thereof as defined in Section 103 of the Internal Revenue Code and Treasury Regulations and Rulings related thereto (the "Code"); (b) IfCustomer is incorporated, it is duly organized andexisting under the Constitution and laws of itsjurisdiction of incorporation and will do or cause to be done all things necessary to preserve and keep such organization and existence in full force and effect; (c) Customer has been duly authorized by the Constitution and laws of the applicablejurisdiction and by a resolution of its governing body (which resolution, if requested by Bigbelly, is attached hereto). to execute and deliver the Agreement and to cany out its obligations hereunder; (d) All legal requirements have been met, and procedures have been followed, including public bidding, in order to ensure the enforceability of the Agreement; (e) The Equipment will be used by Customer only for essential governmental or proprietary functions of Customer consistent with the scope of Customer's authority and will Dot be used ina trade or business of any person or entity, by the federal government or for any personal, family or household use. Customer's need for the Equipment is not expected to diminish during the term of the Agreement; (t) Customer has funds available to pay contracted Payments until the end of its current appropriation period, and it intends to request funds to make contracted Payments in each appropriation period, from now until the end of the term of the Agreement; and (g) The Customer shall comply at all times with all applicable requirements of the Code. [fsufficient funds are not appropriated to make contracted payments under the Agreement ("Payments,,), the Agreement shall terminate and Customer shall not be obligated to make contracted Payments WIder the Agreement beyond the then-current fiscal year for which funds have been appropriated. Upon such an event, Customer shall, no later than the end of the fiscal year for which contracted Payments have been appropriated, deliver possession of the Equipment to Bigbelly. If Customer fails to deliver possession of the Equipment to Bigbelly, the tennination shall nevertheless be effective but Customer shall be responsible fur the payment of damages in an amount equal to the portion of contracted Payments thereafter coming due that is attributable to the number of days after the tennination during which the Customer iUls to deliver possession and for any other loss suffered by Bigbelly as a result of Customer's failure to deliver possession as required. Customer shall noticy Bigbelly in writing within seven (7) days after the failure of the Customer to appropriate funds sufficient for the payment of tbe contracted Payments. but failure to provide such notice shall not operate to extend the Agreement term or result in any liability to Customer.

6.18 Entire Agreemem. The Agreement including the Attachments constitute the entire agreement between the parties regarding its subject matter and supersede all prior agreements, oral and written, negotiations, commitments and writings, and may not be released, discharged, abandoned, changed or modified in any manner, orally or otherwise, except by an instrument in writing signed by a duly authorized representative of each party. Any purchase order or other ordering document issued by Customer is for administrative purposes only and does not form part of this Connect by Bigbelly Service Agreement CSA20160216 PMe9; II ti' u.s lE!.).

H.3.d
Packet Pg. 160 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) I authorize Big Belly Solar, Inc. or its assignee ("Payee,,) to initiate debit entries our checking account from the financial institution listed below.

Ifany of tile below information changes, I will promptly complete a new a ization agreement. Payee will retain this document on file Company Name:

Address:

City: __ ~ 4-- +-
Phone:

Representative: . -4-_........ __
State: _
Fu: _
Title: _
Zip Code: _
Account Information - 0 =~"""--=="-'.!Ji~~~
Financial Institution Name:

City:

I authorize Payee to withdraw:
o Reoccurring Flat Arno nt of
~ ;
o Variable Amount
o Monthly
State: _ Zip: _
taple Voided Check
force and effect Wltil Payee has received written notificati n from me within 30 days of its termination sto afford Payee a reasonable opportunity to act on it.

Date
x
Signature of Authorized Check
Print First, Middle lnitial and Last Name Title
Connect by Bigbelly Service Agreement CSA20160216 Page II 111 H.3.d
Packet Pg. 161 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) -'-'.~ '. .- ,~",~~~
Image Part # or SKU
ver2017No.;i
HP-T-BB5
'TYPe
High Capacity
(HC5)
Description
Black Hopper wI
"Trashman" icon
HP-R-BLUE-BB5 High Capacity
(HC5)
Blue Hopper wI
"Recycle" icon
- NoneSKIN-BLANK-BB5 Blank Side-skins
for wraps or
Messaging Panels
18"x30" Messaging Panels for
Insert INSERT-BB-T&R Side-skins
18"x3O" [ wI Recycle inserts]
..................................................................................................................... •••••••• n .

BBS-CONTROLLER-3G-US Board Type U.S.A
....................................................................................................................................................................................................................................

BIN-BB5 HC5 Bin STANDARD Style
....................................................................................................................................................................................................................................

I;iiII BBS TOPSTD 2ZN Solar Panels STANDARD Energy
IMPORTANT! Do NOTsign if there are changes. Please contact your Bigbelly Repor Distributor. ~ , 1have I~oked over this document and confirm a:1se/ections;nd quan~ities. vI'Y'v'Ible i ~ i 3 g 1(, i
Print Name Signature Date Bigbelly Rep Sign-Off
20·r::-e b·2e i8
H.3.d
Packet Pg. 162 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) Image Part # or SKU
~r2017No>9
Hp·T·BB5
Type
High Capacity
(HC5)
Description
Black Hopper wI
"Trashman" icon
HP·R·BLUE·BB5 High Capacity
(HC5)
Blue Hopper wI
"Recycle" icon
• None·
SKIN·T&R·BB5 Side·skins for
"Trash & Recycle"
............................................................... u···············.· u u , .

BB5-CONTROLLER-3G-US Board Type U.SA
............................................................................................................... ••••••••••••••••••••• .. • •••••••••••••• 06 .

BIN·BB5 HC5 Bin STANDARDStyle
BB5 TOPSTD 2ZN Solar Panels STANDARDEnergy
Print Name Signature Date Bigbelly Rep Sign-Off 'U, ersk evhschQsat ivalDown!oads :\lOT·illaster _2017Nov9 (6). x Is 2C·"eb·20' 8
H.3.d
Packet Pg. 163 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) Name: Todd Trimble / Steve Salomon
81GBELLY
Quote #:

Rep Info: Kevin Schoenthaler
Image
v2017Nov15
Part # or SKU
HP·T·BB5
Type
High Capacity
(HC5)
Description
Black Hopper wi
"Trashman" icon
HP·R·BLUE·SC5 Standard Capacity
(SCC5.5)
SC Blue Hopper wi
"Recycle" icon
• None·
BBS DblStn 18"x30" Messaging Panels for
Insert INSERT-BB-T&R Side.skins
18"x30" [ wi Recycle inserts]
..H..'.•'H"'__ .._.-. ' "..Hm ·".•' _n".M'.."".'h"'n',~ "" .•'M' ~H" ~.._ _" ,, ._, .. ,__ .._"""'.''''' .._ .._ ""'''''''~., ·".~ ''' ,on ,..'''.'' MH '''H".n 'M " u ,,_, __ , , "'''''''''''.,,>0 .

BB5-CONTROLLER-US Board Type U.S.A.

SKIN·BLANK·BB5
Blank Side·skins
for wraps or
Messaging Panels
IMPORTANT! Do NOTsign if there are changes, Please contact your Bigbelly Rep or Distributor.

I havelooked over this document and confirm al/ selection and quantities. r,v:.b!R_ Signature Date Bigbelly Rep Sign-Off
Print Name
H.3.d
Packet Pg. 164 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) Name: Todd Trimble / Steve Salomon

BIGBELLY
Quote #:

Rep Info: Kevin Schoenthaler
Image
v2017Nov15
Part # or SKU Type
Standard Capacity
(SC5.5 Hub)
Description
SC Black Hopper wI
"Trashman" icon
Hp·T·BLACK·SC5
HP·R·BLUE·SC5 Standard Capacity
(SCC5.5)
SC Blue Hopper wI
"Recycle" icon
• None·
SKIN·BLANK·BB5
Blank Side·skins
for wraps or
Messaging Panels
Please verify ::>I.:IC\;lIUn::;ana quanunes. \"umac{ your t:SlglJelly Kep or Distributor if there are any changes. Print, sign, scan and email form to your Rep or fax it to 781.444.5651. _- .....-..-.--- ....---- -, ...." _ .._H_' '_ H__ .............. _ ...._D~•..,'..".....~_...., " ,,_.._ ...,, ._._, _ __ ,,_..._.. _ ..._,_" ............. ---------_ .._.._----'_ _--------_ __ _-_ _ _--" _-_.___..,--_ _ _,------_ _ _----- ---.._."....._.__ ._ __._----_. ----_._ ....._._----_._- ._-_ --......._._-_. ---_._---_ __...-........._---- ----- _._-•. ---_._---_._.._ --_----- ._..........,_..._-------_ ..._--_._--_._._-- .......__-.--- _--._,...._---- -~-.. .------------ _--------- _._-----_ ..__ -----_........_----- ---, -- _......._- ----------- - ---_..._--_~...

BBS DblStn 18"x30" Messaging Panels for
Insert INSERT·B8-T&R Side.skins
1S"x30"
[ wI Recycle inserts]
- ...H.....- ......... ··'''·"·..,.....,__ ...~...~.._.......... _A_.~'''''.,,._'''' ..•.H~....'...-............. -_, ..."O,, . _...... .,.,..~,.•""""H.......''''.,.....'''.,"'-..."...",......__ '...'n.._.~........,_"" ........'''..._,.".....~,.......... ,_,.......__ .. •__ ........._. ....._, ....._..""'""....

BIN·BB5 acrsc Bin STANDARDStyle
IMPORTANT! Do NOT sign if there are changes, Pleasecontact your Bigbelly Repor Distributor.

I have looked over this document and confirm all selections and quantities. ~'cI ~/~b/~ . z ~ 3/~ It
Print Name Date Bigbelly Rep Sign-Off Signature
H.3.d
Packet Pg. 165 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) Name: Todd Trimble / Steve Salomon
-----......... .._...~'--~-----.-.-"'..........~......~-.--~-.

BIGBELLV Rep Info: Kevin Schoenthaler
Image
v2D17Nov15
Part#orSKU Type
Standard Capacity
(SCS.SHub)
Description
SC Black Hopper wI
"Trash man" icon

HP-T-BLACK-SCS
HP-R·BLUE·SCS Standard Capacity
(SCCS.S)
SC Blue Hopper wI
"Recycle" icon
• None·
SKIN·T&R·BBS Side-skins for
"Trash & Recycle"
__ .... _ HM __ ._ ..... BIN-BB5 ,.._' __ ._ ...... __ • HC/SC Bin ... _,_ ... __ • STANDARDStyle .. __ ._ - --- _.;:::::::._-_._-_---:..- -. . ---~-----......;;.;;-~~~ ~=-::::'.'..-.-=--=--=---.=-====.:.==:_= .. _-==-=:::::=_:_-:-. _--=-_-_. __._:..-::::::.:-=-_"..'.""_-.::_-:_.-:-- - ---_-=-.::::-:=-=-_..:::::=--::..--=..::::_---=_=_-__-._.-._-- =-._------ ----------
Pleaseverify selections and quantities. Contact your Bigbelly Repor Distributor if there are any changes. Print, sign, scan and email form to your Repor fax it to 781.444.5651.

IMPORTANTI Do NOT sign if there are changes. Please contact your Bigbelly Rep or Distributor.

I have looked over this document and confirm all selections and quantities. r.-;-dti Irl~.b k 2i7dJ~
Print Name Signature Date Bigbelly Rep Sign-Off
J:ICustomer Approved VOT\Omida VOT 8 SC DBL 02·23-18.xls H.3.d
Packet Pg. 166 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) ·gbelly

CHANGE YOUR SPACE
PO Processing Checklist
Quote #:

Contact Name:
~--~~~L-~~~~~ ~
Company:

Street: ~--~~~~~--~~----~------~
City, State, Zip:
~--~~~~----~~~~~--~~~ Contact Phone:

Contact Email: ~----~~------~--~~~~----~
3 ,
~
Ship via? (Enter 'X' to select.)
[2(] Bigbelly Solar arranged DCustomer Arranged
Acceptable trailer size? (Enter'X' to select.)
~ Full size acceptable (52 feet) DSmall truck only
Is Lift Gate Truck required for delivery?
j:RJVES DNO
Contact Name:
~~~--------~~~~~~------~ Contact Phone:

Contact Email: ~--~------------~--~--------~
What are the operating hours for the
receiving location?
Is a call ahead required?
[Z]VES DNO
If 'YES', enter name and number below:

IMPORTANT: If custom artwork is required, please confirm the following in advance of submitting the PO:
1) Artwork conforms to standards per artwork creation guidelines. 2) Submit artwork file as an attachment to the PO email.

NOTES I SPECIAL INSTRUCTIONS:

Please confirm or fill in missing info. Do NOT leave any sections blank. Return with signed VOT.

H.3.d
Packet Pg. 167 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) ACORD· EVIDENCE OF PROPERTY INSURANCE I
DATE(MMlDDIYYYY)
~
31112018

THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST.

AGENCY Ir... ~~N.t ,,~•.415-403-1406 COMPANY
Alliant Insurance Services, Inc. Lexington Insurance Company 100 Pine Street, 11th floor
San Francisco CA 94111
License No. OC36861
r~ No\:415-874-4811 I E-MAIL ~/li) .

ADDRESS: lcemeero alilant.com
CODE: I SUBCODE:
~~p~--,n ...

INSURED LOANNUMBER Municipal POOlingAuthority (MPA) I POUCYNUMBER Agreement #10116 017471589/04 C~OfOrinda
19 1 San Mieuel Drive, Suite 200 EFFECTIVEDATE
I
Walnut Cree ,CA 94596 EXPIRATIONDATE InCONTINUEDUNTIL 0710112017 07/0112018 TERMINATEDIFCHECKED THIS REPLACESPRIOREVIDENCEDATED:

PROPERTY INFORMATION

LOCATIONIDESCRIPTION

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREDNAMEDABOVE FOR THE POLICY

PERIOD INDICATED, NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT

TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCEAFFORDED BY THE POLICIESDESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS

EVIDENCE OF PROPERTY INSURANCEMAY BE ISSUED OR MAY PERTAIN, THE INSURANCEAFFORDED BY THE POLICIESDESCRIBEDHEREINIS SUBJECT TO ALL THE TERMS,EXCLUSIONSAND CONDITIONSOF SUCH POLICIES. LIMITSSHOWN MAY HAVEBEEN REDUCEDBY PAID CLAIMS.

COVERAGE INFORMATION

COVERAGEIPERILSI FORMS
All Risk of Direct Ph~SicalLoss or Damage and Flood excluding Earthquake.

AMOUNTOFINSURANCE DEDUCTIBUE
Coverage includes eal & Personal Property, Rental Income including bond $25,000,000Loss $25,000 Revenue Limits Per Occ. requirements, Business Interruption, Extra Expense andAll Extension and Sublimits of Coverage as shown on Manuscript Policy Form. Boiler & Machinery included in the Manuscript Policy Form.

Flood Dedicated Limit: $25,000,000
Flood Deductible: $250,000 for Flood Zones A and V, $100,000 for All Other Flood Zones.

Re~air or Replacement Cost Valuation
Su ~ectto Policy Terms, Conditions and Exclusions
REMARKS llncludina SDecial Conditions)
City of Orinda
Bigbelly Solar Inc. and its assigns are named as loss payee. Coverage in effect for all equipment in respect to ConnectServicesAgreement number 10116and any additional Service SChedulesbetween City of Orinda and Bigbelly Solar Inc. Total valued at $331,440.00. Equipment is located at various locations.

Please see attached Loss Payable Endorsement.

Subject to policy terms, conditions and exclusions.

See Attached...

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

ADDITIONAL INTEREST

NAMEANDADDRESS
~ MORTGAGEE RADDITIONAL INSURED

LOSSPAYEE
LOAN#
Bigbelly Solar, Inc.

The ACORD name and logo are registered marks of ACORD
H.3.d
Packet Pg. 168 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) Remarks
DESCRIPTIONS Continued.

This certificate rescinds and replaces the certificate issued on 217/2018.

H.3.d
Packet Pg. 169 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System) AG. ADDmONAL INSURED'S / LOSS PAYEES
It is hereby understood and agreed that the interest of Additional Insured's and/or Loss Payees is automatically included, as per schedule held on file with Alliant Insurance Services, Inc.

Public Entity Property Insurance Program (PEPIP) Form No. 13

Page 44 of 68 ends

H.3.d
Packet Pg. 170 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System)

CERTIFICATE OF COVERAGE
NAME AND ADDRESS OF AGENCY:

Municipal Pooling Authority of Northern California
ORGANIZATION AFFORDING COVERAGE:

Municipal Pooling Authority of Northern
California
P.O. Box 67
Walnut Creek, CA 94596
(925) 943-1100 * FAX (925) 946-4183
NAME AND ADDRESS OF COVERED ENTITY:

City of Orinda
Pamela Foster
22 Orinda Way
Orinda, CA 94563
This is to certify that coverage agreenlfmls IistE'.dbelow have been Issued 10 the covered parties named above and are In force at this lime. Notwithstanding /Iny requirement, term or condition of any contract or other document with respect to Wllich Ihis certificate may be issued or olily pertain, the coverage afforded by the coveraqe agreements described herein Is subject to all the terms, exclusions, and conditions of such coverage aqrcements.

General Liability
-l--~OVERAGE AGREE~-~~T-I:aVERA. - G.EAGREEMEN~- - L1M~~-~F LIABILITY NUMBER EXPIRATION per occurrence
~-.---
MPA17-18 i 6/30/2018 BodilyInjury, Property
, Damage,PersonalInjury i Combined ~~,OOO,~OO_

TYPE OF COVERAGE
Auto Liability
Workers' Compensation and
Employers Liability
1 I
-- -------- -I
I
I
BodilyInjury, Property
Damage,PersonalInjury
Combined
Auto
Collisionand Comprehenstve
$3,000 Deductlble Police Vehldes
$2,000 All Other Vehldes
I
--------J-
:

Umlt or Uability = $250,000
---------.~-.

SIR $500,000
Description of Operations/ Locations/Vehicles/ Event/Restrictions/Special Items:

It is hereby agreed that BigbellySolar Inc. and its assignsare named additional covered parties with regard to liability dalms ariSingfrom Connect by BigbellyService Agreement #10116, but only to the extent assumed by the City of Orindaunder the Agreement, and subject to MPA'sMemorandum of Coverageterms, conditions and exclusions. i
i Workers' Comp = Statutory
: Employers' Uabilily=$4.5 million
I
Cancp.llation: Should ,my of the above dcscnbod (Overage agreements be G3ncelccl before the expiration dato thereof, the I<;sulngcompany will endeavor 10 milll )0 dilYswritten notice to the below nameo (('rtine-ateholder, but faililre to mall such notice shall IInpDse no obllqatlon nr liability of ilny kind upon the Aulhorilv, Il\ ~g("'nts(If n·prescntiltiv'~~'. --.-
CERTIFICATE HOLDER (name and address):

Big Belly Solar, Inc.

Attn: Jordan Keglovits
[email protected]
Date Issued February 22, 2018
C(!I'i:ifjc<lte Ul: 2'181 : 201S-16 I'Y LI3
r'l'{:pi1n~clny: kb
H.3.d
Packet Pg. 171 Attachment: Connect Services Agreement with Big Belly Solar, Inc. (3037 : Agreement with Bigbelly Smart Waste and Recycling System)

Orinda City CouncilMarch 7, 2023

Orinda City Council
March 7, 2023