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Agenda packet

Orinda City Council
March 21, 2023

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Agenda packet
Meeting
March 21, 2023
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Orinda City Council
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1
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Text extracted from the city's file for reading and search. Open the original on pub-orinda.escribemeetings.com. That file is the official record.

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.

ORINDA LIBRARY

AUDITORIUM
26 ORINDA WAY
ORINDA, CA 94563
(925) 351-6676

CITY COUNCIL
AGENDA
Tuesday, March 21, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 03.21.23
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 03.21.23
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Brandyn Iverson, Latika Malkani, Janet Riley Vice Mayor Darlene Gee, Mayor Inga Miller
B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Recognition of Service to Outgoing Commissioners and Committee Members: Bobbie Landers, Historic Landmarks Committee, Bergen Kenny Woodbury, Parks and Recreation Commission; Travis Baschek-miller, Traffic Safety Advisory Committee; Jeffrey Lyon, Finance Advisory Committee
D.2. Proclamation Declaring March, 2023 as American Red Cross Month D.3. Proclamation Declaring March, 2023 as Prescription Drug Abuse Awareness Month
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 11, 2023 - Special Meeting

2. March 7, 2023 - Regular Meeting
F.2. Local Commission Appointment List (Maddy Act)
City Council
Agenda Page 3 03.21.23
Recommendation:

Review and Receive the Annual Local Commission Appointment List commonly referred to as the Maddy Act
F.3. Adoption of Ordinance No. 23-02 - Fire Code
Recommendation:

Adopt Ordinance No. 23-03, waiving second reading, An Ordinance Repealing Chapter 8.20 and Adopting a New Chapter 8.20 to Reflect the City's Ratification of Moraga-Orinda Fire District Ordinance 23-01 F.4. Quarterly Report of Cash Disbursements for the Period July 1, 2022 through September 30, 2022 and Summary of Revenue,
Expenditures, and Preliminary Fund Balances for July 1, 2022 through September 30, 2022
Recommendation:

Staff recommends that the City Council receive and file this report of cash disbursements, and preliminary fund balances for the period of JulySeptember 2022.

F.5. 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 24-23 F.6. Establishing the Rate per Equivalent Runoff Unit (ERU) for Fiscal Year 2023-2024 and requesting the Contra Costa County Flood Control and Water Conservation District to Adopt an Annual Parcel Assessment for Drainage Maintenance and the National Pollutant Discharge Elimination System (NPDES) Program
Recommendation:

Staff recommends adoption of Resolution No. 16-23, establishing the Equivalent Runoff Unit (ERU) for Fiscal Year 2023-2024 for the National Pollutant Discharge Elimination System (NPDES) Program at the same rate as was levied in the current year.

F.7. Revision of the Adopted Job Classification Specifications for the Recreation Leader and Recreation Program Specialist
Recommendation:

Staff recommends the City Council adopt Resolution 23-23 modifying the Recreation Leader and Recreation Program Specialist job classification specification.

G. PUBLIC HEARING
G.1. Introduce Ordinance 23-02 Amending Chapter 17.17 of the Orinda Municipal Code and Adopting the State Model Water Efficient Landscape Ordinance ("MWELO") by Reference
Recommendation:

City Council
Agenda Page 4 03.21.23
Introduce Ordinance 23-02, waiving full reading, which includes a determination that it is exempt from the California Environmental Quality Act (CEQA).

H. POLICY MATTERS
H.1. Resolution of Support of Metropolitan Transportation Commission (MTC) Priority Development Area (PDA) Grant Application re BART Station (Resolution 25-23)
Recommendation:

Adopt Resolution 25-23 in support of grant application submittal to the MTC for $200,000 for a PDA Grant to work towards a Memorandum of Understanding between the City, BART and Caltrans regarding a path forward for future Transit Oriented Development (TOD) at the BART site, in support of Downtown Precise Plan Policy 2.3.1 and Housing Element Section 5.7.4, for the Downtown Orinda PDA.

H.2. Commission/Committee Recruitment Update
Recommendation:

Consider appointment of applicants for the Planning Commission and Finance Advisory Committee or select date to conduct interviews H.3. Consider any Amendments and Adopt City Council Policy & Procedures Manual
Recommendation:

Adopt Resolution No. 20-23 adopting the City Council Policies and Procedures Manual
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 Tuesday, April 11, 2023 at 7:00 PM.

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

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

Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org. At least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.

City Council
Agenda Page 5 03.21.23
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 11, 2023 - Special Meeting

2. March 7, 2023 - Regular Meeting
ATTACHMENTS:

A. City Council Meeting Minutes of February 11, 2023
B. City Council Meeting Minutes of March 7, 2023
Respectfully Submitted by:

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

F.1
Packet Pg. 6
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 (3057 : 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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Packet Pg. 8
Attachment: City Council Meeting Minutes of February 11, 2023 (3057 : City Council Minutes) Orinda City Council Minutes Page 1 of 10 03.07.23
March 7, 2023

CITY OF ORINDA

CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed at: https://tinyurl.com/ncusvn4h.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: Latika Malkani, Janet Riley
Vice Mayor Darlene Gee, Mayor Inga Miller
COUNCILMEMBERS ABSENT: Brandyn Iverson
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, and there were no public comments.

MOTION by Vice Mayor Gee moved and seconded by Councilmember Riley to adopt the agenda. Said motion carried by unanimous (4-0) roll call vote.

D. ITEMS FOR THE GOOD OF THE CITY
D.1 Introduction of New Senior Engineer Ryan O’Kane
Public Works Director Scott Christie introduced the City’s new Senior Engineer, Ryan O’Kane. He provided background of Mr. O’Kane’s 20 years of experience, education, and Mayor Miller and Councilmembers welcomed him to the City.

Mr. O’Kane said he is happy to be here in Orinda working for a public agency. He looks forward to working with staff and the community.

E. PUBLIC FORUM
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Packet Pg. 9
Attachment: City Council Meeting Minutes of March 7, 2023 (3057 : City Council Minutes) Orinda City Council Minutes Page 2 of 10 03.07.23
Ian Baird said he lives on the corner of Sleepy Hollow Lane and Ichabod Lane in Orinda.

He and other residents request the City construct a storm drain inlet going underground with a catchment area at the first curve of Ichabod Lane. He distributed a packet of photos to Councilmembers, cited significant rainwater, safety concerns, and asked that the project be done in the current CIP since it has been on the program list since 2019.

Vice Mayor Gee asked and confirmed the pictures distributed were from this storm and the last storm.

Gareth Noise, Sleepy Hollow Lane, voiced support of the neighborhood appeal for this inlet drain and to fund it under the CIP. It is a safety issue and neighbors’ yards are washed away every time there is flooding. Parents taking their kids to Sleepy Hollow must park their cars, their kids are forced to walk in the flooding street to get to school where debris comes down, and he asked that the project be prioritized.

Penny Baird requested the city take action to address a safety hazard on Ichabod Lane, as described by her husband, Ian. Residents on the lower section truly need a storm drain inlet underground catchment basin where Ichabod Lane goes to the left below the property owned by Gareth and Jackie Noise. This need was present even before they bought their property in 1976. Once again during recent storms, water has poured down Ichabod Lane and into gutters. She described the wide path of water, unsafe conditions for students and adults, flooding, and noted residents’ work to clear the drains of debris.

She also cited this as a safety hazard for drivers, school children and their parents, and problems for residents when water crosses Sleepy Hollow Lane which residences and take gravel and soil with it.

On April 23, 2019, she and her husband appeared before the Council. She was in a walker after hip surgery in March which was the result of her slipping on algae on Ichabod Lane and falling. Since that time, they have been told the City clears the street of algae, but this is not enough. She then read the presentation she gave in 2019 into the record which asks the City to install the drain inlet and underground catchment basin.

Dr. George Counelis, 4 Ichabod Lane, echoed speaker comments, said every time there is a significant rainfall Ichabod Lane becomes a river. The most important point is in looking at the topography and original engineering, it is insufficient for the water that comes off the entire hill which drains onto Ichabod Lane. It is a safety hazard with over 3 feet of water, garbage cans get washed away, and when people park and turn their wheels to the street, it creates a fountain of water that goes into everyone’s yard.

Secondly, he asked for parking enforcement on the street. People are parking on both sides of the street, leaving the street extremely narrow.

F. CONSENT CALENDAR
Mayor Miller asked and confirmed Items F.2 (Ben Zarrin) and Item F.5 (Malkani) were requested for removal. There were no public comments.

F.1. City Council Minutes
Recommendation:

F.1.b
Packet Pg. 10
Attachment: City Council Meeting Minutes of March 7, 2023 (3057 : City Council Minutes) Orinda City Council Minutes Page 3 of 10 03.07.23
Approve City Council Minutes:

1. February 21, 2023 - Regular Meeting
F.3. Contract Amendment No. 2 with DC Electric Group, Inc. for On-Call Traffic Signal and Street Light Maintenance Services
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.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.

MOTION by Vice Mayor Gee moved and seconded by Councilmember Malkani to approve Consent Calendar Items F.1.1, F.3. F.4, and F.6. Said motion carried by unanimous (4-0) roll call vote.

Items Requested for Removal:

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.

Director of Public Works Scott Christie provided an explanation of the routine street closure to update the Traffic Order to accommodate the Farmers’ Market. This will be a 3- versus 2-year closure and cuts off some driveways which has been done in the past.

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Packet Pg. 11
Attachment: City Council Meeting Minutes of March 7, 2023 (3057 : City Council Minutes) Orinda City Council Minutes Page 4 of 10 03.07.23
Councilmember Malkani asked for the access point to 31 Orinda Way when the farmers’ market is closed for a vehicle. She also asked if there were limits on construction.

Mr. Christie said access would be through the driveway of 27 Orinda Way to drive through business areas and access 31 Orinda Way. City Manager Biggs stated the city permits construction on Saturdays from 10 a.m. to 5 p.m.

Councilmember Riley asked if this has always been this way and she asked why they stopped it at 27 Orinda Way instead of going further towards Chevron. Mr. Christie said he did not know the original decision-making for that in the past.

Mr. Biggs noted this strategy minimizes the impact to the businesses and these are the three lots that allow for connected circulation. If it were to shift further towards Chevron, there would be no way to get to Rite Aid.

Mayor Miller opened the Public Forum.

Ben Zarrin apologized for not being in person, said himself and their partner, Mr. Mash purchased the building back in October and worked extensively. The plans are currently in Engineering and will next go into the Building Department for permits. They anticipate construction will start in the next 3 months. He understands during the pandemic, this area was extended, but times are now different given downtown revitalization. Their offices are at 25 Orinda Way which is quiet and dead during weekends. He asked to go closer to the Chevron location rather than blocking off access during the most critical time for their construction project during the Saturday critical hours and to remove the item and reconsider this for further discussion.

He said they are planning on housing 3 restaurant tenants and 2 would be in operation during these hours. They are supportive of the farmers’ market, but only ask that this access not get blocked during construction and when restaurants are open on Saturdays.

He understands and has driven the access point himself during weekends, and his Tunda truck has trouble circulating through the parking lot, let alone a construction truck. Mixing this with pedestrians and children trying to run between vehicles is dangerous, so he asked to shift this further down near 25 Orinda Way where there are no restaurants, business, or construction.

Mayor Miller asked staff whether the item can be delayed until communications can occur between Mr. Zarrin and staff. She voiced concern with allowing incoming businesses to get up and running, supporting existing businesses, and safety precautions while pedestrians are circulating the area.

Mr. Biggs said the Council can revise or change the Traffic Order conditions at any time.

He thinks the farmers’ market will start this month, so they need to at least have the Traffic Order in effect. He understands people cannot access the Library and Community Center programmings, so it was very strategic as to why this section works, and he was not sure there were other alternatives.

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Attachment: City Council Meeting Minutes of March 7, 2023 (3057 : City Council Minutes) Orinda City Council Minutes Page 5 of 10 03.07.23
He would recommend the Council consider shortening the Traffic Order term or approve it as is and staff can bring back an update and work with Mr. Zarrin to identify other logistical solutions.

Mayor Miller said the market was held at various areas in the past which did not work by the Country Club. In the future, there may be the ability to move it near Avenida or another area as things develop, but at this time, there is not another location. She voiced concerns with shrinking the farmers’ market and making decisions that would be for a long period of time and she supported revisiting this.

Councilmember Riley suggested thinking about how the space is organized, possibly reduce the number of vendors to get that access to the Bank of America Lot, and possibly re-arrange them to the top of the parking lot as opposed to all of them along the row at Orinda Way. Mr. Biggs said staff can talk with the farmers’ market manager and vendors.

Councilmember Malkani asked and confirmed that the Traffic Order can be modified.

Planning Director Drummond Buckley noted that once staff receives a building permit application, it needs to be reviewed which is a 3 to 4-month process.

Vice Mayor Gee said she would like to understand better what their construction plan is because she does not know the type of equipment they need to get on site, as well as understand better about the business plan. There is lots of foot traffic and people at the farmers’ markets on Saturday morning and it is over at 1:00 p.m. so it will not impact anything in the evening. She wants to be supportive of new business, but it would be helpful to know more.

Mayor Miller suggested requesting staff bring back information, and she asked staff what action to take as far as the street closure to ensure the farmers’ market starts. Mr. Biggs said it is up to the Council and can return with modification to the Traffic Order. They might get through the entire farmers’ market before there are any issues.

Vice Mayor Gee voiced support to approve it as is, knowing the Council can entertain adjustments to it at any time.

City Attorney Osa Wolff referred to packet page 23 which is where Resolution 15-23 is published, in the Now, Therefore, Be it Resolved” paragraph and in the first paragraph, she asked and confirmed that the Council is proposing that the end date for this resolution is March 28, 2024. Mr. Biggs stated the farmers’ markets are on Saturdays once a week.

Ms. Wolff suggested the resolution state, “from April 1, 2023 for one year”.

MOTION by Councilmember Malkani moved and seconded by Councilmember Riley to adopt Resolution 15-23, as amended to state “from April 2, 2023 for one year”, authorizing the closure of a portion of Orinda Way (Traffic Order No. 220) to vehicular traffic to allow for space for farmers' market vendors. Said motion carried by unanimous (4-0) roll call vote.

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Attachment: City Council Meeting Minutes of March 7, 2023 (3057 : City Council Minutes) Orinda City Council Minutes Page 6 of 10 03.07.23
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.

City Engineer Sivakumar Natarajan stated this checklist is part of the CCTA’s requirement for dispersing Measure J funds. This is done every 2 years where documentation is provided to show the City follows requirements as stated in their Measure J Program. The packet identifies several projects and programs for calendar years 2020 and 2021. Some items relate to calendar and fiscal years, and this is the first step of the process. CCTA will review the checklist and set up a meeting with City staff, their Planning Commission and Citizens Advisory Committee and answer questions.

Councilmember Malkani stated she pulled this item from the Consent Calendar partly because it is a new process in terms of certification, and she appreciates the presentation.

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

MOTION by Councilmember Malkani moved and seconded by Vice Mayor Gee to 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. Said motion carried by unanimous (4-0) roll call vote.

G. PUBLIC HEARING – None.

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 Manager Biggs briefly introduced the item.

Administrative Services Director Doug Alessio gave the staff report, PowerPoint presentation, and overview of the 2nd Quarter FY 2022-2023 and Mid-Year budget adjustments.

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Attachment: City Council Meeting Minutes of March 7, 2023 (3057 : City Council Minutes) Orinda City Council Minutes Page 7 of 10 03.07.23
Councilmember Malkani referred noted that expenditures on contract services were equal or greater to salary and benefits, and she asked if this was because of certain expenses.

Mr. Alessio stated this is fairly typical and includes public safety, legal, and other services.

Mayor Miller said the reason the storm expenditures have not been included, she asked and confirmed these are more long-term CIP expenses.

Mr. Biggs added staff is asking the Council to get through repairs in this fiscal years, and many permanent repairs will be more costly. If those come up before the end of the fiscal year and the CIP is amended, they would return to the Council is additional monies need to be appropriated, and they are hopeful to receive most of the money back from FEMA.

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

Councilmember Malkani recognized the Parks and Recreation Department staff for increasing revenues through programs.

MOTION by Councilmember Riley moved and seconded by Councilmember Malkani to 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. Said motion carried by unanimous (4-0) roll call vote.

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.

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Attachment: City Council Meeting Minutes of March 7, 2023 (3057 : City Council Minutes) Orinda City Council Minutes Page 8 of 10 03.07.23
Planning Director Drummond Buckley gave the staff report and overview of the exercise that occurs every 3 years to update the Fire Code through ratification of the code MOFD adopts as well as adopt it by reference in the Municipal Code. Staff analyzed the proposed Fire Code, asked the County Building Department to provide feedback, and said in prior years, vegetation management rules were in the Fire Code, but this year MOFD has separated that in a separate ordinance regarding vegetation management, which the City can only comment on.

Regarding the Building Code, the 2 main comments from their Building Official is there are 2 substantive changes related to fire sprinkler requirements; one is the definition of “substantial addition”. Now, for any addition which is more than 50% of the existing gross floor area or the new gross floor area results in a building having a gross floor area of 3,600 square feet or greater. This change is consistent with Con Fire. The other change made which is unique and somewhat ahead of the curve compared to other districts in the state is that in the wildland urban interface areas and possibly in the very high fire severity zones, which he will verify, it requires that new projects have sprinklers under roof eaves.

Mr. Biggs stated staff brought the ordinance to the Council in December for review, transmitted 2 comments to the Fire District; 1 was a concern about a provision which would have precluded traffic calming in very high severity zones. Based on this comment and the Town of Moraga, that provision was removed from the Fire Code. The other item was an issue of relationship with a model water efficiency landscape ordinance. Staff is working with the Fire District as to how those would be best implemented. The Fire Board proceeded with adoption of the Fire Code and has adopted their separate defensible space ordinance which did not change overall.

Mr. Buckley added that the consistency with MWELO had to do with the defensible space ordinance and not the Fire Code, which is before the Council tonight. The vegetation issues have been removed from the Fire Code.

Mayor Miller asked if the fire sprinklers apply for ADUs and JADUs, and Mr. Buckley said he does not believe so. She asked if under the roof eave sprinklers has been done by other communities. Mr. Buckley said he did not believe it is done in other counties in the area, but the Fire Chief has discussed this and he knows it is the next wave of requirements.

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

Councilmember Riley asked and confirmed that staff will bring back in April the model water efficiency landscape ordinance and also SB 1383 which falls under the jurisdiction of the recycling JPA. They will next discuss it with the 2x2 committee likely in April or early May.

Councilmember Malkani thanked everybody who communicated the City’s concerns to MOFD and for their responsiveness, especially the traffic calming issues.

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Attachment: City Council Meeting Minutes of March 7, 2023 (3057 : City Council Minutes) Orinda City Council Minutes Page 9 of 10 03.07.23
Mayor Miller reiterated that the Council is not ratifying the hazardous fuels ordinance, which is done separately by the Fire District. She calls this out because it is the same number as the City’s ordinance.

Ms. Wolff referred to packet page 130 which is MOFD’s resolution and this looks like it is just focused on the Fire Code amendments. Mr. Biggs said they adopted 2 stand-alone ordinances; 1 is the defensible space and the other had to with the fuel break ordinance.

MOTION by Vice Mayor Gee moved and seconded by Councilmember Malkani to 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. Said motion carried by unanimous (4-0) roll call vote.

MOTION by Councilmember Malkani and seconded by Councilmember Riley to 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. Said motion carried by unanimous (4-0) roll call vote.

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 order to fund the costs.

Parks and Recreation Director Todd Trimble gave the staff report and overview of the Big Belly system, the efficiencies realized in recycling diversion, collections, and overall history of the learnings and getting new bins, contamination of certain items in recycling, education provided, spoke about some vandalism, noted the City now has an 80% efficiency rating, and they have continued addressing minor issues over time.

The staff recommendation is for the Council to authorize the City Manager to sign an amendment to the existing Big Belly agreement 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 fund to fund costs.

Vice Mayor Gee echoed Director Trimble’s enthusiasm for the Big Belly which is one of the best things the City has done, as it has been an amazing improvement.

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

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Attachment: City Council Meeting Minutes of March 7, 2023 (3057 : City Council Minutes) Orinda City Council Minutes Page 10 of 10 03.07.23
MOTION by Vice Mayor Gee moved and seconded by Councilmember Riley to 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 to fund the costs.

Said motion carried by unanimous (4-0) roll call vote.

I. COUNCILMEMBERS’ REPORTS – Vice Mayor Gee reported holding a conversation with the 7th grade Science class at OIS who were interested in the City’s efforts to affect climate change. They had good questions and even discussed federal funding with her.

She then reported yesterday they held the Lamorinda Program Management Committee meeting between Orinda, Lafayette, and Moraga, and the Fee and Financing Authority for the 3 communities, as well as SWAT committee meeting.

She thanked Amy Worth for her many years of contributions and Public Works staff for their engagement and update to the regional planning action items as part of the CCTA process. The three communities moved forward with action items to the CCTA Board.

Mayor Miller reported attending and the City hosting the Steve Glazer Town Hall last week. The annual Police Report will come as the Safety Committee in April, hosted the Mayors’ Conference last week here, and on the 23rd she and Councilmember Riley attended the RecycleSmart Retreat. The Rotary hosted the City for its State of the City Address and it was a wonderful event.

Councilmember Malkani thanked the City Clerk for bringing them back to their first in-person meeting.

J. CITY MANAGER’S REPORT – City Manager Biggs reported this is his first inperson meeting and he complemented the City Clerk and other staff who worked hard to ensure the technology was ready for this evening. Hi also said that the region is expecting an atmospheric river event and they encourage residents prepare for this storm. Sandbags are available at the 2 fire stations. On April 22nd the City will hold its first Wildfire Prevention and Safety Fair in the Community Park from 10 to 3, and will have a variety of vendors, programs, tools, tips, etc.

K. MATTERS INITIATED – None.

L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 8:56 p.m. to the next Joint Annual Meeting with the Town of Moraga and City of Lafayette City Councils on Wednesday, March 15, 2023, at 7:00 p.m. at the Lafayette Room at St. Mary’s College in Moraga. ______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Meeting Minutes of March 7, 2023 (3057 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: March 21, 2023
Department: City Clerk
AGENDA TITLE: Local Commission Appointment List (Maddy Act) RECOMMENDATION:

Review and Receive the Annual Local Commission Appointment List commonly referred to as the Maddy Act
BACKGROUND:

Government Code Section 54972 requires the legislative body to annually, on or before December 31, prepare and post a list of “…all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency…with the name of the incumbent appointee, the date of appointment, the date the term expires and the necessary qualifications for the position.” The list is attached for your review and information.

DISCUSSION:

On Saturday, February 11, 2023 the City Council held interviews with applicants and made appointments to the Boards and Commissions with upcoming term expirations or vacancies.

NEXT STEPS:

The attached list will be posted on the City’s bulletin boards located at City Hall, Community Center, and Library and also be placed on the City’s website.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

ATTACHMENTS:

A. Local Appointment List (Maddy Act) 2.11.23 Update
Respectfully Submitted by:

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

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Prior to the City Commission and Committee term expiration dates noted herein or when a vacancy occurs, the City of Orinda encourages residents to apply for positions on the various City Commissions and Committees. For further information, contact the Orinda City Clerk’s Office at [email protected]
Local Appointment List Page 6 2/11/23

CITY OF ORINDA

BOARDS,COMMISSION,

COMMITTEES LOCAL

APPOINTMENTS LIST
(MADDY ACT)
In compliance with the requirements of the Maddy Act, Government Code 54970, the following appointment list is posted on an annual basis by December 31. It shows all current members of City Commissions and Committees, City Appointments to Local Boards and includes the dates of their terms of office as of the time of this posting.

CITY COMMISSION AND COMMITTEES

ART IN PUBLIC PLACES COMMITTEE
Regular Meetings: 3:30 p.m. 3
rd Monday of
month Qualifications: Resident of the City
At Large Initial Term
Committee Members Appointment Reappointment Expiration
Shelley Hubner 02/09/19 1/29/22 02/28/25
Ted Urban 2/27/21 02/28/24
Richard Thompson 03/15/14 2017, 2020, 2023 02/28/26

FINANCE ADVISORY COMMITTEE
Regular Meetings: 6:30 p.m. 4
th Wednesday of month
Qualifications: Resident of the City
Initial Term
Committee Members Appointment Reappointment Expiration
VACANT 02/28/23
**Abe Mintz 02/28/23
Alex McCafferty 02/27/21 02/28/24
James Keefe 02/27/21 02/28/24
Jon Conner 02/27/21 02/28/24

HISTORIC LANDMARKS COMMITTEE
Regular Meetings: 3:00 p.m. 3
rd Tuesday Quarterly (Sept./Dec./March/June)
Qualifications: Resident of the City
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Attachment: Local Appointment List (Maddy Act) 2.11.23 Update (3034 : Local Commission Appointment List (Maddy Act)) Prior to the City Commission and Committee term expiration dates noted herein or when a vacancy occurs, the City of Orinda encourages residents to apply for positions on the various City Commissions and Committees. For further information, contact the Orinda City Clerk’s Office at [email protected]
Local Appointment List Page 6 2/11/23
Initial Term
Committee Members Appointment Reappointment Expiration
Laurie Smith 02/23/13 02/09/19, 01/29/22 02/28/25
Jeffrey Lyon 02/11/23 02/28/26
Jeanne HuangLi 02/11/23 02/28/26
Bill Waterman 03/15/14 02/22/20, 2/11/23 02/28/26
01/31/17
Tania DeGroot 03/21/15 02/27/21 02/28/24

LIBRARY FACILITY COMMITTEE
Regular Meetings: As Needed
Qualifications: Resident of the City, Member of the Friends of the Orinda Library FOL Appoint Initial Term
Committee Members Appointment Reappointment Expiration
Julie Rossiter 06/05/14 NA
Suzie Epstein 06/05/14 NA
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Regular Meetings:

As Needed
Qualifications:

LIBRARY PARCEL TAX INDEPENDENT REVIEW COMMITTEE
Regular Meetings: As Needed
Qualifications: Finance Advisory Committee, 3 Members of the Friends of the Orinda Library
FOL Appoint Initial Term
Committee Members Appointment Reappointment Expiration
Nancy Ross-Madnick 11/01/18 NA
Fran Strykowski 11/01/18 NA
Linda Landau 11/01/18 NA

PARKS & RECREATION COMMISSION
Regular Meetings: 7:00 p.m. 2
nd Wednesday of month
Qualifications: Resident of the City
Initial Term
Commissioners Appointment Reappointment Expiration
Arran Schulz 02/20/16 02/09/19, 01/29/22 02/28/25
Marianne Moser 09/15/20 01/29/22 02/28/25
Alex Drexel 02/09/19 2020, 2023 02/28/26
Laura Riley 02/11/23 02/28/26
Tara Presnell 05/18/17 02/27/21 02/28/24
Steven Danziger 01/27/18 02/27/21 02/28/24
Tom Schneider 01/27/18 02/27/21 02/28/24
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Attachment: Local Appointment List (Maddy Act) 2.11.23 Update (3034 : Local Commission Appointment List (Maddy Act)) Prior to the City Commission and Committee term expiration dates noted herein or when a vacancy occurs, the City of Orinda encourages residents to apply for positions on the various City Commissions and Committees. For further information, contact the Orinda City Clerk’s Office at [email protected]
Local Appointment List Page 6 2/11/23

PLANNING COMMISSION
Regular Meetings: 7:00 p.m. 2
nd and 4th Tuesdays of month
Qualifications: Resident of the City
Initial Term
Commissioners Appointment Reappointment Expiration
VACANT 02/28/25
Willy Mautner 01/22/15 2/20/16, 2/9/19, 1/29/22 02/28/25 Robert Hubner 02/09/19 01/29/22 02/28/25
Ann Parnigoni 02/22/20 02/11/23 02/28/26
**John Smith 01/31/17 02/22/20 02/28/23
Marian Jelinek 01/27/18 02/27/21 02/28/24
Lina Lee 01/27/18 02/27/21 02/28/24

SUPPLEMENTAL SALES TAX OVERSIGHT COMMITTEE
Regular Meetings: 6:30 p.m. 2nd Wednesdays of the month Qualifications: Resident of the City
At Large Initial Term
Committee Members Appointment Reappointment Expiration
Jud Hammon 02/27/21 02/28/24
Chris Decareau 02/27/21 02/11/23 02/28/26
Melanie Light 02/27/21 02/28/24
Paula Reinman 02/27/21 02/11/23 02/28/26
Brad Barber 02/27/21 01/29/22 02/28/25
Yasaman Lee 02/27/21 01/29/22 02/28/25
Alex Weinstein 02/27/21 02/28/24
Rachelle Latimer 02/27/21 02/11/23 02/28/26

TRAFFIC SAFETY ADVISORY COMMITTEE
Regular Meetings: 7:00 p.m. 3rd Monday of the
month Qualifications: Resident of the City
Initial Term
Committee Members Appointment Reappointment Expiration
Nicholas Mitchel 02/09/19 02/11/23 02/28/26
Steven Schnier 02/28/08 03/01/11 02/28/26
03/15/14
01/31/17, 02/22/20, 2023
Brandon Haydu 10/19/21 02/28/24
Emily Warren 03/23/21 02/28/24
Stuart House 02/09/19 02/27/21 02/28/24
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Attachment: Local Appointment List (Maddy Act) 2.11.23 Update (3034 : Local Commission Appointment List (Maddy Act)) Prior to the City Commission and Committee term expiration dates noted herein or when a vacancy occurs, the City of Orinda encourages residents to apply for positions on the various City Commissions and Committees. For further information, contact the Orinda City Clerk’s Office at [email protected]
Local Appointment List Page 6 2/11/23

CITY APPOINTMENTS TO LOCAL BOARDS

CONTRA COSTA MOSQUITO AND VECTOR CONTROL DISTRICT TRUSTEE Regular Meetings:

Qualifications:
2 nd Monday of month
Contra Costa County taxpayer; at least 18 years of age.

Representative:

Term Expiration:

Kevin Marker, [email protected]
02/28/25
Initial Appointment: 01/27/18, 2/27/21

COUNTY LIBRARY COMMISSION
Regular Meetings: 7:00 p.m. 4
th Thursday every other month
Representative: Mr. Shrikant Garde
Term Expirations: 02/28/26
Initial Appointment: 07/06/21
Reappointments:

Alternate: VACANT
Term Expirations: 02/28/23
Initial Appointment:

COUNTY CONNECTION CITIZENS ADVISORY COMMITTEE
Regular Meetings: 2nd Tuesday of month
Representative: VACANT
Term Expiration: 01/29/24
Initial Appointment: 01/29/22

CONTRA COSTA TRANSPORTATION AUTHORITY CITIZEN ADVISORY

COMMITTEE
Regular Meetings: 6:30 p.m. 4
th Wednesday of month
Representative: HENRY “JUD” HAMMON
Term Expiration: 02/28/24
Initial Appointment:

Reappointments:

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Attachment: Local Appointment List (Maddy Act) 2.11.23 Update (3034 : Local Commission Appointment List (Maddy Act)) Prior to the City Commission and Committee term expiration dates noted herein or when a vacancy occurs, the City of Orinda encourages residents to apply for positions on the various City Commissions and Committees. For further information, contact the Orinda City Clerk’s Office at [email protected]
Local Appointment List Page 6 2/11/23

CONTRA COSTA COUNTY ADVISORY COUNCIL ON AGING
Regular Meetings: 9:30 a.m. 3
rd Wednesday of month
Representative: CANDACE EVANS
Term Expiration: 09/30/23
Initial Appointment: 02/27/21
Reappointment:

City representative recommended by City; Appointment made by Board of Supervisors **Members terms have expired but have agreed to continue to serve until other applicants are appointed.

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Attachment: Local Appointment List (Maddy Act) 2.11.23 Update (3034 : Local Commission Appointment List (Maddy Act)) City Council
Staff Report
Agenda Item: F.3
Date: March 21, 2023
Department: City Clerk
AGENDA TITLE: Adoption of Ordinance No. 23-02 - Fire Code RECOMMENDATION:

Adopt Ordinance No. 23-03, waiving second reading, 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 BACKGROUND:

At the City Council Meeting of March 7, 2023, Ordinance No. 23-03 was introduced as presented. No changes were proposed. The Ordinance is included as Attachment A and the Staff Report is included as Attachment B.

DISCUSSION:

Ordinance No. 23-03 is on this agenda for consideration of adoption.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Ordinance 23-03 Fire Code
B. March 7th Staff Report
Respectfully Submitted by:

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

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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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Attachment: Ordinance 23-03 Fire Code (3061 : Adoption of Ordinance No. 23-03 Fire Code) 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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Attachment: Ordinance 23-03 Fire Code (3061 : Adoption of Ordinance No. 23-03 Fire Code)

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 F.3.a
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Attachment: Ordinance 23-03 Fire Code (3061 : Adoption of Ordinance No. 23-03 Fire Code) 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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Attachment: Ordinance 23-03 Fire Code (3061 : Adoption of Ordinance No. 23-03 Fire Code) 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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Attachment: March 7th Staff Report (3061 : Adoption of Ordinance No. 23-03 Fire Code) 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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Attachment: March 7th Staff Report (3061 : Adoption of Ordinance No. 23-03 Fire Code) 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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Attachment: March 7th Staff Report (3061 : Adoption of Ordinance No. 23-03 Fire Code) 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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Attachment: March 7th Staff Report (3061 : Adoption of Ordinance No. 23-03 Fire Code) City Council
Staff Report
Agenda Item: F.4
Date: March 21, 2023
Department: Finance
AGENDA TITLE: Quarterly Report of Cash Disbursements for the Period July 1, 2022 through September 30, 2022 and Summary of Revenue, Expenditures, and Preliminary Fund Balances for July 1, 2022 through September 30, 2022 RECOMMENDATION:

Staff recommends that the City Council receive and file this report of cash disbursements, and preliminary fund balances for the period of July-September 2022.

BACKGROUND:

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

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

DISCUSSION:

Payment Listing
The disbursement listing includes detail for the months of July through September including A) Checks and electronic fund transfers (EFT) issued for accounts payable (Listed in ascending order of the check numbers); B) A summary of purchases made with Credit Cards (US Bank Corp); and C) A listing by name of payroll checks and direct deposits. The total payroll costs are disclosed in the aggregate.

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

JULY-SEPTEMBER 2022 DISBURSEMENTS
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Type of Transaction Check #’s $ Amount (Incl.

Wires)
General Checks / Wires 67134-67700 10,087,481.85
Payroll 9513-9539 778,876.97
52188-52529
Payroll Tax Withholding Electronic 229,134.78
Retirement/Medical/Clipper Electronic 320,039.91
TOTAL 11,415,533.51
Payments / disbursements processed for the quarter including general accounts payable plus payroll and benefits totaled approximately $11.4 million. The General Accounts Payable payments totaled about $10.1 million. Approximately 69% of the general accounts payable were comprised of the following categories of expense: 1) General Obligation Bonds Semi-Annual Payments ($2,110,869), 2) Capital Project costs ($4,055,444), this included payments of $2,872,421 for the annual pavement projects, and 3) County contract services for Police, Library and Animal Control totaling $764,124.

Included in the listing of General disbursements are payments to US Bank Corporation for expenses made with purchase cards. In addition to disclosing the total payment to the bank for credit card purchases, a separate summary list detailing the charges is provided (Attachment B). The purchases were made between May 16 to August 15, 2022 and the total expenditures made with credit cards was $43,614.

Report of Revenue / Expenditures and Fund Balances as of September 30, 2022 The following Table displays the activity for the first quarter (July through September 2022) in the first three columns. The right side of the table reports year to date results including the preliminary beginning and ending fund balance as of September 30, 2022.

Rather than listing all the funds individually the table combines funds by common groups.

Quarterly Report of Revenue, Expenditures, and Preliminary Fund Balance (Includes Inter-fund Transfers in Revenue / Expenditures –Preliminary Unaudited) For the Period Ending September 30, 2022
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CURRENT PERIOD 7/1/2022 YEAR TO DATE: Jul-Sep 9/30/2022 Fund Name / Group
Current
Quarter
Revenue /
Transfers In
Current
Quarter
Expenses /
Transfers Out
Beginning
Fund Balance
Year To Date
Revenue
Year To Date
Expenses
Fund Balance
End of Period
General Fund $ 1,054,480 $ 4,300,309 $ 11,938,533 $ 1,054,480 $ 4,300,309 $ 8,692,704 G.F. Measure L Sales Tax 3,125 109,352 3,127,430 3,125 109,352 3,021,203 Add-on Sales Tax Measure R 260,579 287,896 3,347,113 260,579 287,896 3,319,796 Gas Tax 130,217 26,843 569,307 130,217 26,843 672,681
Impact Fees 155,517 476,971 4,327,172 155,517 476,971 4,005,718 Grants 2,469,851 147,146 3,049,574 2,469,851 147,146 5,372,278 CCTA Funds 602 - 639,256 602 - 639,858
Road Maintenance Fund 324,244 404,980 881,430 324,244 404,980 800,694 Trust Funds 158 1,800 141,717 158 1,800 140,075
Maintenance Assessment Dist. 9 14,259 14,005 9 14,259 (245) Stormwater Fund 95 81,971 135,529 95 81,971 53,653
Library Fund 269 66,757 408,571 269 66,757 342,083
Wilder Community Facilities Dist. - 23,575 447,916 - 23,575 424,341 Debt 998 2,114,329 2,405,737 998 2,114,329 292,406
Internal Service Funds 1,340,448 552,617 2,936,711 1,340,448 552,617 3,724,542 Road Emergency Stabilization 562 12,491 759,751 562 12,491 747,822 Other Capital Projects 200 294,394 2,008,872 200 294,394 1,714,678 TOTAL ALL FUNDS $ 5,741,353 $ 8,915,690 $ 37,138,624 $ 5,741,353 $ 8,915,690 $ 33,964,287 Total revenue recorded thus far for the first quarter was just over $5.7 million and total expenditures were approximately $8.9 million. The most significant revenue item was the receipt of the final allocation of American Rescue Plan (ARP) Federal Local Fiscal Recovery Fund in the amount of $2,383,361, distributed by the State of California. This is recorded under the Grant Fund and is subject to limitations on how it can be used.

Also, an annual transfer from department budgets to Internal Service Funds for the cost of IT service, fleet replacement and risk management was made in September to cover the whole year of 2022-23, and a corresponding revenue of $1,024,770 is presented under Internal Service Funds, with expenditures of the same amount also presented under General Fund. Debt Service Fund incurred expenditures of $2.1 million for the semi-annual payment of General Obligation Bonds. The September payment is made from taxes collected in the previous Fiscal Year.

As noted in the Disbursement and Fund Balance report in June, accounting entries were made that would record expenses paid in July and August as a June 30, 2022 expense. This process contributed to the disparity between Expenditures and Cash Disbursements in the first quarter of 2022.

As noted in the Table above, the total fund balance across all funds as of September 30th has decreased by approximately $3.2 million from the July 1, 2022 beginning balance of $37.1 million. The largest contributors for the decrease are General Fund ($3.2 million) and Debt Service Fund ($2.1 million), offset by an increase of $2.3 million in Grants Fund for the receipt of American Rescue Plan (ARP) Federal Local Fiscal Recovery Fund in July 2022.

FISCAL IMPACT:

None
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ATTACHMENTS:

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

Nancy Zhang
Prepared By: Nancy Zhang,
Approved by:

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City of Orinda
Check/Voucher Register
From 7/1/2022 Through 9/30/2022
Check
Number Check Date Payee Check Amount Transaction Description 2034120 8/31/2022 U.S. BANK 418,781.26 G. O. BOND 2014, SERIES A 2034139 8/31/2022 U.S. BANK 497,912.50 G. O. BOND 2014, SERIES B 2034141 9/1/2022 U.S. BANK 1,194,175.00 G. O. BOND 2016, SERIES A 67045 7/20/2022 Spiders Ultimate LLC (1,332.00) INSTR. CONTRACT - SPIDERS ULTIMATE SPORTS CAMP 67124 8/3/2022 Kate Wood (150.00) REFUND OF SECURITY DEPOSIT 67132 7/27/2022 T-MOBILE USA, Inc. (787.92) 5-21/6-20-22 CELL PHONE SERVICE 67133 7/27/2022 ASI AIR SYSTEMS INC (3,583.44) APR. 22 PREVENTIVE MAINT. 67134 7/8/2022 BASIC PVR 1,208.40 7-8-22 FLEX SPENDING
67135 7/8/2022 BOMAC'S INC. 305.00 IGNITION REPAIR - '01 TOYOTA TACOMA 67136 7/8/2022 BUILD YOUR OWN GARMENT 1,085.54 CAMP ORINDA T- SHIRTS 67137 7/8/2022 CALIFORNIA STATE DISBURSEMENT 307.84 7-8-22 GARNISHMENT 67138 7/8/2022 CALIFORNIA STATE DISBURSEMENT 356.76 7-8-22 GARNISHMENT 67139 7/8/2022 CAL-LINE EQUIPMENT, INC. 1,185.72 CHIPPER REPAIRS 67140 7/8/2022 MYEVE CAPOZZI 1,500.00 INSTR. CONTRACT - SUMMER CAMP 67140 7/27/2022 MYEVE CAPOZZI (1,500.00) INSTR. CONTRACT - SUMMER CAMP 67141 7/8/2022 CONTRA COSTA COUNTY DOIT 626.99 RADIO REPAIR WORK 67142 7/8/2022 Treasurer of Contra Costa Coun 2,600.00 MAY 22 FORENSIC SERVICES 67144 7/8/2022 CINTAS CORPORATION 1,336.69 CLEANING SVCS. 67145 7/8/2022 CONCORD GARDEN EQUIPMENT & SPO 53.45 MAINT. SUPPLIES - CHAIN LOOP 67146 7/8/2022 CREATIVE SUPPORTS INC 425.49 NEW KEYBOARD & ARM VALUE 67147 7/8/2022 CSG CONSULTANTS 33,202.50 ENGR. SERVICES - 88 SUNNYSIDE 67148 7/8/2022 ANDREW DIEFENBACH 1,732.50 INSTR. CONTRACT - TENNIS CAMP 67149 7/8/2022 DEWBERRY ENGINEERS INC. 1,256.34 5-7/5-27-22 CAMINO SOBRANTE RETAINING WALL 67150 7/8/2022 EAST BAY BLUE PRINT 42.50 4-13/5-12-22, MO. SERVICE CONTRACT 67151 7/8/2022 EBMUD 471.42 4-12/6-9-22 SVC.
67152 7/8/2022 ESRI, INC. 1,300.00 8-1/7-31-23 PLNG. SOFTWARE - YRLY MAINT. 67153 7/8/2022 FAST SIGNS 188.15 CORRUGATED PLASTIC SIGNS 67154 7/8/2022 FRANCHISE TAX BOARD 145.00 7-8-22 GARNISHMENT 67155 7/8/2022 ANDREA GASPARI 2,025.00 INSTR. CONTRACT - GYMNASTICS 67156 7/8/2022 GATE AND ASSOCIATES 4,265.00 CROSSROADS GATEWAY MINI PARK 67157 7/8/2022 GRANICUS INC 3,115.57 APR. 22 , AGENDA MTG. SOFTWARE 67158 7/8/2022 GURUS EDUCATION 2,511.60 INSTR. CONTRACT - PUBLIC SPEAKING 67159 7/8/2022 LISA HARPER 420.00 6-8-22, SSTOC MINUTES 67160 7/8/2022 Hohbach-Lewin, Inc. 10,285.00 3-14/4-24-22, CITY HALL SLOPE STABILIZATION 67161 7/8/2022 Interwest Consulting Group,Inc 5,266.25 MAY 22 ON-CALL PLNG. SERVICES 67162 7/8/2022 JAF ASSOCIATES, INC. 6,489.00 INSTR. CONTRACT - TENNIS 67163 7/8/2022 Jennifer Hines Design 571.70 SUMMER CAMP T-SHIRT DESIGN 67164 7/8/2022 KENNEDY AND ASSOCIATES 116.50 MAY 22 PROFESSIONAL SERVICES 67165 7/8/2022 KONICA MINOLTA BUSNSS SOLUTION 1,802.95 COPIER MAINT QTR ENDING 6-30-22 67166 7/8/2022 LCC ENGINEERING & SURVEYING 8,363.50 4-26/5-31-22 CAMINO PABLO PATHWAY 67167 7/8/2022 LITTLE MEDICAL SCHOOL 1,872.00 INSTR. CONTRACT - LITTLE MEDICAL SCHOOL 67169 7/8/2022 SUSAN MCALLISTER 1,892.00 INSTR. CONTRACT - ART CAMP 67170 7/8/2022 MIKSIS SERVICES INC 750.00 SD PLAN & INVENTORY PROGRAM 67171 7/8/2022 Municipal Pooling Authority 2,092.95 JUL 22 LTD/LIFE 67172 7/8/2022 ORINDA UNION SCHOOL DISTRICT 1,767.00 BASKETBALL BACKSTOP REPAIRS 67173 7/8/2022 PRECISION IT CONSULTING 1,131.23 COMMUNICATION CERTIFICATE 67174 7/8/2022 RINCON CONSULTANTANTS, INC 69,985.01 DOWNTOWN ORECISE PLAN - HOUSING ELEMENT 67175 7/8/2022 Nino Rytokoski 2,408.25 INSTR. CONTRACTOR - KIDS CARPENTRY CAMPS 67176 7/8/2022 Z SPORTZ INC 7,546.80 INSTR. CONTRACT - SKYHAWKS 67177 7/8/2022 STAPLES CONTRACT & COMMERCIAL 110.06 SUPPLIES 67178 7/8/2022 PATRICIA TOMLINSON 7,926.34 INSTR. CONTRACT - ORINDA BALLET 67179 7/8/2022 UNIVERSAL BUILDING SERVICES 6,849.00 JUN 22 JANITORIAL SVC. 67180 7/8/2022 UNITED SITE SERVICES INC 926.94 6-15/7-12-22, PORTABLE RENTAL F.4.a
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Attachment: July-September 2022 Check Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Check/Voucher Register
From 7/1/2022 Through 9/30/2022
Check
Number Check Date Payee Check Amount Transaction Description 67181 7/8/2022 U.S. BANK 3,140.00 ANNUAL TRUSTEE FEES - 2016A 67182 7/8/2022 VERIZON WIRELESS 944.61 MAY 11 - JUN 10, CELL SERVICE 67183 7/8/2022 Larry Wadford 1,356.00 INSTR. CONTRACT - MARTIAL ARTS 67184 7/8/2022 Friends of the Wagner Ranch 7,140.00 INSTR. CONTRACT - NATURE CAMPS 67185 7/14/2022 ACCESS INFORMATION MANAGEMENT 679.17 JUL 22 STORAGE DOCUMENTS 67186 7/14/2022 AppleOne Employment Services 9,878.29 5-15/5-21-22, CLERICAL ASSIST. 67187 7/14/2022 ASSOC OF BAY AREA GOVERNMENTS 4,970.00 JULY 22 NATURAL GAS SERVICE 67188 7/14/2022 AT&T 938.83 6-4/7-13 SVC.
67189 7/14/2022 Atlas Technical Consultants 537.50 SOILS PEER REVIEW - 90 ADOBE LANE 67190 7/14/2022 VERY NICE POOLS 264.26 FOUNTAIN SERVICE FOR JUL. 22 67191 7/14/2022 Thiago Barbara 250.00 REFUND FOR NATURE CAMP 67192 7/14/2022 BAY ALARM COMPANY 493.35 7-1/10-1-22 ALARM SVC. 67193 7/14/2022 BAY AREA NEWS GROUP EAST BAY 1,632.28 JUN 22 LEGAL ADS 67194 7/14/2022 JAMES BENNEY 400.00 REFUND OF SECURITY DEPOSIT 67195 7/14/2022 BERRY BROS. TOWING & TRANSPORT 230.00 TOW SERVICE - VEHICLE 84 67196 7/14/2022 BIG O TIRES 1,495.74 BRAKES, OIL CHANGE, VEHICLE #90 67197 7/14/2022 Bison Controls LLC 175.00 REMOTE ENGR. SERVICES 67198 7/14/2022 Bricks 4 Kidz 5,255.25 INSTR. CONTRACT - SCIENCE CAMP 67198 7/27/2022 Bricks 4 Kidz (5,255.25) INSTR. CONTRACT - SCIENCE CAMP 67199 7/14/2022 California Consulting, Inc. 5,000.00 JULY 22 GRANT WRITING SERVICES 67200 7/14/2022 CONTRA COSTA COUNTY AUDITOR 3,986.85 2022-2023, LAFCO FEES 67201 7/14/2022 CONTRA COSTA HEALTH SERVICES 604.00 HAZMAT CUPA OPERATING PERMIT 67201 8/31/2022 CONTRA COSTA HEALTH SERVICES (604.00) HAZMAT CUPA OPERATING PERMIT 67202 7/14/2022 CINTAS CORPORATION 625.01 CLEANING SCV. 67203 7/14/2022 Concentra Medical Centers 1,414.00 PRE-EMPLOYMENT FOR P&R CANDIDATES 67204 7/14/2022 COWAN & THOMPSON CONSTRUCTION 8,976.18 DRAINAGE/ OFF-HAUL 67205 7/14/2022 ANDREW DIEFENBACH 1,449.00 INSTR. CONTRACT - TENNIS CAMP 67206 7/14/2022 EBMUD 200.16 4-12/6-9-22 SVC.
67207 7/14/2022 STEVE ECKLUND 22.50 7-4-22 MILEAGE
67208 7/14/2022 ECOFERT INC 365.00 JUNE 22 FERTIGATION SVC. 67209 7/14/2022 ESCHAT 411.30 APR-JUN 22 MONTHLY SUBSCRIPTION SVCS. 67210 7/14/2022 FAR WESTERN TROPHY AWARD 105.36 AWARD PLAQUES 67211 7/14/2022 FASTRAK VIOLATION PROCESSING 17.00 BRIDGE TOLL 67212 7/14/2022 Fire Aside, Inc. 2,500.00 CHIPPER DAY SET-UP FEE 67213 7/14/2022 FUTURE FORD OF CONCORD 2,504.20 VEHICLE REPAIR - '14 FORD F-550 67214 7/14/2022 RUEBEN GERK 21.25 7-4-14, MILEAGE
67215 7/14/2022 Goring and Straja Architects 3,309.05 CHILDCARE CONVERSION CONSULTING 67216 7/14/2022 GRANICUS INC 1,359.60 JUL 22 AGENDA MTG. SOFTWARE 67217 7/14/2022 CAROL GRIFFIN 385.00 INSTR. CONTRACT - BRIDGE CLASS 67218 7/14/2022 LISA HARPER 720.00 JUN 21,2022, CITY COUNCIL MINUTES 67219 7/14/2022 HEALTH CARE EMPLOYEES 2,958.12 JULY 22 DENTAL PREMIUMS 67220 7/14/2022 DOUG HEINE 6,500.00 PURCHASE OF ART PIECE 67221 7/14/2022 Ricky Hernandez 18.75 7-4-22 MILEAGE
67222 7/14/2022 IEDA 1,044.32 JUL 22 CONSULTING FEES
67223 7/14/2022 INCREDIFLIX INC. 5,465.46 INSTR. CONTRACT - FILM CAMPS 67224 7/14/2022 JAF ASSOCIATES, INC. 2,047.50 INSTR. CONTRACT - TENNIS CAMP 67225 7/14/2022 CITY OF LAFAYETTE 7,055.00 SWAT ADMIN. SERVICES 67226 7/14/2022 Lionheart Safety, LLC 1,740.00 CPR/FIRST AID TRAINING 67227 7/14/2022 SUSAN MCALLISTER 2,420.00 INSTR. CONTRACT - ART CAMP 67228 7/14/2022 VIRGINIA H MEGLEY 205.20 INSTR. CONTRACT - BALLET CLASS 67229 7/14/2022 KRIS MUELLER 5,570.50 INSTR. CONTRACT - MUSICAL THEATER 67230 7/14/2022 NBS GOVERNMENT FINANCE GROUP 3,045.80 JUL-SEPT. 22 LIBRARY PARCEL 67231 7/14/2022 ORINDA ASSOCIATION 155.00 JULY 22, NEWSPAPER ADS 67232 7/14/2022 ORINDA HARDWARE & RENTAL 66.90 MISC. HARDWARE F.4.a
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Attachment: July-September 2022 Check Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Check/Voucher Register
From 7/1/2022 Through 9/30/2022
Check
Number Check Date Payee Check Amount Transaction Description 67233 7/14/2022 OTIS ELEVATOR COMPANY 371.00 JULY 22 ELEVATOR MAINT. 67234 7/14/2022 P G & E 12.50 5-16/6-13-22 SVC.
67235 7/14/2022 PITNEY BOWES INC. 1,450.22 JUL. 22/JUL 2023 SERVICE AGREEMENT 67236 7/14/2022 PITNEY BOWES 237.06 JULY 22 -SEPT. 22 POSTAGE METER 67237 7/14/2022 PlaceWorks, Inc. 14,171.64 CREEK RESTORATION PLANNING SVCS. 67238 7/14/2022 PLAY-WELL TEKNOLOGIES 4,200.00 INSTR. CONTRACT - LEGO CAMP 67239 7/14/2022 PRECISION IT CONSULTING 16,609.74 ANNUAL FIREWALL RENEWAL 67240 7/14/2022 LYNDA KAY REXROAT 3,021.00 INSTR. CONTRACT - COOKING CLASS 67241 7/14/2022 Curtis Roberts Mold Inspection 895.00 TESTING 67242 7/14/2022 Six Flags Discovery Kingdom 1,603.19 SIX FLAGS DISCOVERY KINGDOM - FIELD TRIP 67243 7/14/2022 STAPLES CONTRACT & COMMERCIAL 315.22 OFFICE SUPPLIES 67244 7/14/2022 ROBERT THOMPSON 68.50 7-4-22 MILEAGE
67245 7/14/2022 Wildland Corporation 18,031.80 CHIPPING SERVICES 67246 7/14/2022 Tripepi, Smith and Associates 1,656.25 JUNE 22 GRAPHICS 67247 7/14/2022 U S BANK CORPORATION 9,917.54 5-16/6-14-22 CREDIT CARD CHGS. 67248 7/14/2022 Village Music School 2,530.00 INSTR. CONTRACT - COMIC BOOK CAMP 67249 7/14/2022 VISION SERVICE PLAN CA 535.03 JULY 22 VISION SERVICE 67250 7/14/2022 Larry Wadford 1,356.00 INSTR. CONTRACT - MARTIAL ARTS 67251 7/14/2022 Friends of the Wagner Ranch 5,320.00 INSTR. CONTRACT - NATURE CAMP 67252 7/14/2022 WALNUT CREEK FORD 42,796.14 2021 FORD EXPLORER 67253 7/14/2022 WEX INC 13,685.28 JUNE 22 GASOLINE CHGS. 67254 7/14/2022 AMY WORTH 782.03 REIMB. FOR CONFERENCE - 2022 CITY LEADERSHIP 67255 7/21/2022 AppleOne Employment Services 3,136.86 5-29/6-4-22 CLERICAL ASSIST. 67256 7/21/2022 JIM BARTLEMAN 4,000.00 SUMMER ENRICHMENT PROGRAM 67257 7/21/2022 BASIC Benefits LLC 71.40 FLEXIBLE SPENDNG & TRANSIT ACCT. - JULY 2022 67258 7/21/2022 BAY AREA BARRICADE SERVICE 82.32 ORINDA LOGO FOR CHIPPER 67259 7/21/2022 MYEVE CAPOZZI 1,104.00 INSTR. CONTRACT - A STAR IS BORN 67260 7/21/2022 CINTAS CORPORATION 80.60 PW UNIFORMS
67261 7/21/2022 THE CONSTRUCTION ZONE 1,852.03 CONES & BARRICADES FOR 4TH OF JULY 67262 7/21/2022 COWAN & THOMPSON CONSTRUCTION 53,968.00 SINK HOLE REPAIR - EL TOYONAL 67263 7/21/2022 ANDREW DIEFENBACH 1,920.80 INSTR. CONTRACT - PICKLEBALL 67264 7/21/2022 EBMUD 12,221.76 4-28/6-30-22 SVC.
67265 7/21/2022 F J KENNEDY AND ASSOCIATES INC 876.70 PROFESSIONAL SERVICES - NPDES 67266 7/21/2022 LISA HARPER 405.00 JULY 5, 2022 CITY COUNCIL MINUTES 67267 7/21/2022 HDR ENGINEERING, INC. 1,745.00 4-24/5-21-22, GLORIETTA-RHEEM STORM REPAIR &

MORAGA WY REPAI
67268 7/21/2022 WESLEY T. HORN 2,200.00 PURCHASE OF ART PIECE 67269 7/21/2022 JAF ASSOCIATES, INC. 3,668.00 INSTR. CONTRACT - TENNIS 67270 7/21/2022 KRIS MUELLER 3,250.00 7-5/7-8-16 DANCE & THEATRE CAMP 67271 7/21/2022 Pestfinders Pest & Termite Svc 725.00 PEST CONTROL - CITY HALL 67272 7/21/2022 P G & E 26,224.22 5-23/6-21-22 SVC.
67273 7/21/2022 HEATHER PORCH 1,500.00 SUMMER ENRICHMENT PROGRAM 67274 7/21/2022 ROBERT FERGUSON 2,179.80 INSTR. CONTRACT - SKATEBOARD CAMP 67274 8/16/2022 ROBERT FERGUSON (2,179.80) INSTR. CONTRACT - SKATEBOARD CAMP 67275 7/21/2022 Z SPORTZ INC 5,370.00 INSTR. CONTRACT - SKYHAWKS CAMP 67276 7/21/2022 Spiders Ultimate LLC 1,332.00 INSTR. CONTRACT - SPIDERS ULTIMATE SPORTS CAMP 67277 7/21/2022 STAPLES CONTRACT & COMMERCIAL 140.14 OFFICE SUPPLIES 67278 7/21/2022 STEVENS PRINTING 82.34 BUSINESS CARDS
67279 7/21/2022 Tripepi, Smith and Associates 7,200.00 JUL 22 RETAINER 67280 7/21/2022 Village Music School 1,416.80 INSTR. CONTRACT -COMIC BOOK CAMP 67281 7/21/2022 Friends of the Wagner Ranch 5,285.00 INSTR. CONTRACT - NATURE CAMP 67282 7/21/2022 WALNUT CREEK FORD 742.52 VEHICLE REPAIR - '16 FORD F-150 67283 7/29/2022 T-MOBILE USA, Inc. 787.92 5-21/6-20-22 CELL PHONE SERVICE 67284 7/29/2022 Allana Buick & Bers, Inc. 544.00 DEC. 21 LIBRARY TILE SVCS.

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Attachment: July-September 2022 Check Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Check/Voucher Register
From 7/1/2022 Through 9/30/2022
Check
Number Check Date Payee Check Amount Transaction Description 67285 7/29/2022 AMS AMERICAN MECHANICAL SVCS 1,335.72 REPLACE WATER PUMP - CITY HALL 67286 7/29/2022 AppleOne Employment Services 8,497.80 5-7-22, SR. ADMININSTRATIVE ASSIST. 67287 7/29/2022 ASI AIR SYSTEMS INC 3,583.44 APR. 22 PREVENTIVE MAINT. 67288 7/29/2022 ASSOC OF BAY AREA GOVERNMENTS 11,686.45 22/23 MEMBERSHIP DUES 67289 7/29/2022 BASIC PVR 1,208.40 7-22-22 FLEX SPENDING 67290 7/29/2022 BAY ALARM COMPANY 2,460.60 8-01/11-1-22 CAMERA SYSTEM 67291 7/29/2022 BERKELEY CHESS SCHOOL 3,325.00 INSTR. CONTRACT - CHESS CAMP 67292 7/29/2022 BLX GROUP LLC 3,000.00 GO BOND ARBITRAGE REPORT 2014, SERIES A 67293 7/29/2022 BOMAC'S INC. 340.00 DOOR REPAIR - ART & GARDEN CTR. 67294 7/29/2022 BPXPRESS 631.95 BIDS - BEAR CREEK RD. BRIDGE 67295 7/29/2022 JC BC Enterprises 5,255.25 INSTR. CONTRACT - SCIENCE CAMP 67296 7/29/2022 Briones Plumbing 4,860.00 FAUCET INSTALL - WILDER RANCH 67297 7/29/2022 CALIFORNIA STATE DISBURSEMENT 307.84 7-22-22 GARNISHMENT 67298 7/29/2022 CALIFORNIA STATE DISBURSEMENT 356.76 7-22-22 GARNISHMENT 67299 7/29/2022 MYEVE CAPOZZI 1,500.00 INSTR. CONTRACT - SUMMER CAMP 67300 7/29/2022 SCOTT CHRISTIE 167.90 JAN-JUNE 22 MILEAGE 67303 7/29/2022 CINTAS CORPORATION 7,436.22 CLEANING SERVICES 67304 7/29/2022 CITY OF FOSTER CITY 3,786.00 7-1/6-30-23 CALOPPS RECRUITMENT WEBSITE 67305 7/29/2022 CivicPlus, Inc 11,886.96 ANNUAL WEBSITE FEE 67306 7/29/2022 Comcast Business 1,442.90 7-13/8-12-22 SVC. 67307 7/29/2022 COMCAST 720.76 7-15/8-14-22, PHONE TRUNK LINES 67308 7/29/2022 THE CONSTRUCTION ZONE 131.70 PAINT - STRIPING/MARKING 67309 7/29/2022 CPRS 150.00 MEMBERSHIP RENEWAL - T. TRIMBLE 67310 7/29/2022 CREATIVE SUPPORTS INC 111.81 ERGONOMIC EQUIPMENT 67311 7/29/2022 CSG CONSULTANTS 34,735.00 88 SUNNYSIDE MINOR SUB. 67312 7/29/2022 DeSilva Gates Construction, LP 923,737.72 2021 ANNUAL PAVEMENT REHAB. 67313 7/29/2022 ANDREW DIEFENBACH 1,568.70 INSTR. CONTRACT - PICKLEBALL CAMP 67314 7/29/2022 DOG DYNAMICS INC 2,240.00 INSTR. CONTRACT - DOG OBEDIANCE 67315 7/29/2022 DEWBERRY ENGINEERS INC. 52,853.44 3-26-22 LAVENIDA CULVERT REPAIR 67316 7/29/2022 Dublin Chevrolet Cadillac Buic 44,803.48 2022 GMC SIERRA - PW SUPERVISOR 67317 7/29/2022 EAST BAY BLUE PRINT 42.50 6-13/7-12-22 SERVICE CONTRACT 67318 7/29/2022 EAST BAY TREE SERVICE 600.00 EMERG. TREE WORK - 259 EL TOYONAL 67319 7/29/2022 EBMUD 16,382.56 5-6/7-6-22 SVC.
67320 7/29/2022 FAST SIGNS 780.16 BANNER
67321 7/29/2022 FRANCHISE TAX BOARD 145.00 7-22-22 GARNISHMENT 67322 7/29/2022 GURUS EDUCATION 2,044.84 INSTR. CONTRACT - YOUTH PUBLIC SPEAKING CAMP 67323 7/29/2022 HARRIS & ASSOCIATES 51,538.22 5-28-22 ORCHARD RD & IVY DR. STORM DRAIN REPAIR 67324 7/29/2022 HEALTH CARE EMPLOYEES 2,808.04 AUG. 22 DENTAL PREMIUMS 67325 7/29/2022 Humann Company 8,000.00 STORM DRAIN PLAN & INVENTORY 67326 7/29/2022 INTERSTATE SALES 330.37 MAINT. SUPPLIES - ORANGE BAGS 67327 7/29/2022 Interwest Consulting Group,Inc 7,451.25 CONTRACTOR PLANNER SVCS. 67328 7/29/2022 JAF ASSOCIATES, INC. 3,055.50 INSTR. CONTRACT - SUMMER TENNIS 67329 7/29/2022 LAMORINDA FEE AUTHORITY 48,599.41 TRANSPORTATION IMPACT FEE - REGINIONAL 67330 7/29/2022 LSA ASSOCIATES INC 585.00 PERMIT MONITORING - MINER RD SINKHOLE 67331 7/29/2022 Macks Craic, Inc. 1,170.00 WILDER FIELDS TURF REPLACEMENT 67332 7/29/2022 MAZE & ASSOCIATES 12,077.00 APR. 22 SERVICES RELATED TO FY2022 ACFR 67333 7/29/2022 SUSAN MCALLISTER 1,980.00 INSTR. CONTRACT - ART CAMP 67334 7/29/2022 MCE CORPORATION 80,723.41 JUNE 22 LANDSCAPE SVCS. 67335 7/29/2022 Microix, Inc. 2,073.75 ANNUAL TIME CARD SOFTWARE (2022-2023) 67336 7/29/2022 TOWN OF MORAGA 624.00 OAKLAND ZOO FIELD TRIP 67337 7/29/2022 KRIS MUELLER 4,043.00 INSTR. CONTRACT - MUSICAL THEATER CAMP 67338 7/29/2022 Municipal Pooling Authority 481,971.44 2022-2023, WORKER'S COMP. PROPERTY & VEHICLE 67339 7/29/2022 JALEH NAASZ 15,356.25 INSTR. CONTRACT - FASHION CAMP 67340 7/29/2022 Russell Nuffer 300.00 FULL REFUND OF SECURITY DEPOSIT F.4.a
Packet Pg. 42
Attachment: July-September 2022 Check Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Check/Voucher Register
From 7/1/2022 Through 9/30/2022
Check
Number Check Date Payee Check Amount Transaction Description 67341 7/29/2022 ORINDA HARDWARE & RENTAL 35.10 MISC. HARDWARE 67342 7/29/2022 P G & E 721.99 5-16/6-13-22 SVC.
67343 7/29/2022 Aleona Power 296.64 PARTIAL REFUND FOR CAMP ORINDA 67345 7/29/2022 SHUTE MIHALEY & WEINBERGER 96,099.76 JUN 22 LEGAL FEES 67346 7/29/2022 Z SPORTZ INC 1,950.00 INSTR. CONTRACT - SKYHAWKS CAMP 67347 7/29/2022 Star Sports 908.72 SOFTBALLS
67348 7/29/2022 STATE CONTROLLERS OFFICE 35.95 JAN-DEC. 21 OFFSETS 67349 7/29/2022 Sustainable Contra Costa 1,500.00 ANNUAL SPONSORSHIP 67350 7/29/2022 TEAMSTERS LOCAL UNION 856 1,458.00 JUL 22 (PASS THRU DUES) 67351 7/29/2022 Wildland Corporation 8,000.00 ZANDER DRIVE - FIRE FUEL MITIGATION 67352 7/29/2022 TJKM TRANSPORTATION 5,456.40 APR. 22 ON-CALL TRAFFIC ENGINEERING 67353 7/29/2022 UNIVERSAL BUILDING SERVICES 808.00 JUN 22 CLEANING SVCS. 67354 7/29/2022 VISION SERVICE PLAN CA 591.45 AUG. 22 VISION SERVICE 67355 8/4/2022 T-MOBILE USA, Inc. 50.00 TIMING ADVANCE
67356 8/4/2022 Advanced Mobility Group 1,725.00 MAY 22 ON-CALL ENGR. SERVICES 67357 8/4/2022 All Traffic Solutions, Inc. 23,798.11 RADAR TRAILER 67358 8/4/2022 ANCHOR ENGINEERING INC 370.00 MAY 22 LAVENIDA CULVERT REPAIR 67359 8/4/2022 BAY AREA BARRICADE SERVICE 2,246.54 ORINDA LOGO - CHEVY TRUCK & SIGNAGE 67360 8/4/2022 CCC EMPLOYMENT & HUMAN SERVICE 500.00 CHILDRENS INTERVIEW CENTER 67361 8/4/2022 Treasurer of Contra Costa Coun 338,428.08 JUN 22 POLICE SERVICES 67362 8/4/2022 CHICAGO TITLE 1,392.00 TITLE RESEARCH - 15 LAVENIDA 67363 8/4/2022 SCOTT CHRISTIE 115.89 REIMB. FOR APWA LUNCH MEETING 67364 8/4/2022 CINTAS CORPORATION 1,023.31 PW UNIFORMS
67365 8/4/2022 Concentra Medical Centers 186.00 PRE-EMPLOYMENT PHYSICAL 67366 8/4/2022 CREATIVE SUPPORTS INC 1,000.00 ERGONOMIC EQUIPMENT 67367 8/4/2022 Micki Cronin 9.44 JUL 22 MILEAGE
67368 8/4/2022 DC ELECTRIC GROUP INC 2,735.76 CALL-OUT - CAMINO PABLO & EL TOYONAL 67369 8/4/2022 DC ELECTRIC GROUP INC 2,313.18 JAN 22 TRAFFIC SIGNAL MAINT. 67370 8/4/2022 DeSilva Gates Construction, LP 1,269,367.39 JUN 22. 2021 ANNUAL PAVEMENT REHAB. 67371 8/4/2022 DOJ ACCOUNTING SERVICES 484.00 JUN 22 FINGERPRINTING APPS 67372 8/4/2022 DEWBERRY ENGINEERS INC. 8,019.66 2-28/3-25-22 CAM. PABLO RETAINING WALL 67373 8/4/2022 EAST BAY TREE SERVICE 23,450.00 BRUSH/TREE/LOG REMOVAL - DESCANSO DR. 67374 8/4/2022 EBMUD 9,767.97 5-18/7-18-22 SVC.
67375 8/4/2022 ECONOMIC & PLANNING SYSTEMS 835.00 HOUSING ELEMENT 67376 8/4/2022 FAST SIGNS 156.08 ALUMINUM SIGNS
67377 8/4/2022 Fire Aside, Inc. 1,057.84 IPADS & CASES
67378 8/4/2022 ANDREA GASPARI 1,890.00 INSTR. CONTRACT - GYMNASTICS 67379 8/4/2022 GATE AND ASSOCIATES 2,460.00 CROSSROADS GATEWAY MINI PARK 67380 8/4/2022 GRANICUS INC 1,359.60 AUG. 22 AGENDA MEETING SOFTWARE 67381 8/4/2022 WILSEY HAM 50,802.25 JUN 22, 2021 & 2022 ANNUAL PAVEMENT REHAB. 67382 8/4/2022 LISA HARPER 660.00 JUL. 13, SSTOC MEETING MINUTES 67383 8/4/2022 JAF ASSOCIATES, INC. 2,677.50 INSTR. CONTRACT - TENNIS CAMP 67384 8/4/2022 ED JONES CO INC 559.25 OFFICER'S BADGES
67385 8/4/2022 Mark Jones 226.00 FN03XC157 - BUILDING REFUND, 150 OLD TUNNEL RD 67386 8/4/2022 KR Electric, Inc. 1,509.12 DRINKING FOUNTAIN - CITY HALL 67387 8/4/2022 MAD SCIENCE OF MT. DIABLO 5,184.00 INSTR. CONTRACT - MAD SCIENCE 67388 8/4/2022 VIRGINIA H MEGLEY 207.00 INSTR. CONTRACT - BALLET CLASS 67389 8/4/2022 MITYLITE INC 4,758.98 TABLES
67390 8/4/2022 KRIS MUELLER 4,326.00 INSTR. CONTRACT - MUSICAL THEATER CAMP 67391 8/4/2022 ORINDA ASSOCIATION 600.00 ORINDA FIRE EVACUATION GUIDE 67392 8/4/2022 OTIS ELEVATOR COMPANY 371.00 AUG. 22 ELEVATOR MAINT. - LIBRARY 67393 8/4/2022 PARK ENGINEERING 22,904.84 APR-MAY 22 CAM. PABLOR BICYCLE ROUTE 67394 8/4/2022 PlaceWorks, Inc. 15,300.00 DOWNTOWN PRECISE PLAN - CREEK RESTORATION 67395 8/4/2022 PLAY-WELL TEKNOLOGIES 5,250.00 INSTR. CONTRACT - LEGO CAMPS F.4.a
Packet Pg. 43
Attachment: July-September 2022 Check Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Check/Voucher Register
From 7/1/2022 Through 9/30/2022
Check
Number Check Date Payee Check Amount Transaction Description 67396 8/4/2022 Gruendl Inc dba Ray's Electric 401,901.84 6-1/6-30-22 CAM. PABLO BICYCLE ROUTE 67397 8/4/2022 RINCON CONSULTANTANTS, INC 32,124.61 DOWNTOWN PRECISE PLAN - HOUSING ELEMENT & 67398 8/4/2022 SHUTE MIHALEY & WEINBERGER 9,538.13 JUN 22 LEGAL FEES - 1 WILDER 67399 8/4/2022 Z SPORTZ INC 2,520.00 INSTR. CONTRACT- SKYHAWKS 67400 8/4/2022 STAPLES CONTRACT & COMMERCIAL 79.28 OFFICE SUPPLIES 67401 8/4/2022 STEVENS PRINTING 82.34 BUSINESS CARDS
67402 8/4/2022 UNDERGROUND SERVICE ALERT 1,202.27 CALIF. STATE FEE FOR REGULATORY COSTS 67403 8/4/2022 Van De Poel,Levy,Thomas,Arneal 2,167.50 LEGAL SERVICES 67404 8/4/2022 VERIZON WIRELESS 945.65 6-11/9-10-22 CELL PHONE SERVICE 67405 8/4/2022 Larry Wadford 813.00 INSTR. CONTRACT - MARTIAL ARTS CLASS 67406 8/4/2022 Friends of the Wagner Ranch 10,878.00 INSTR. CONTRACT - NATURE CAMP 67407 8/4/2022 CITY OF WALNUT CREEK 2,078.00 MEMBERSHIP DUES - SIVAKUMAR NATARAJAN 67408 8/4/2022 Kate Wood 150.00 REFUND OF SECURITY DEPOSIT 67409 8/12/2022 T-MOBILE USA, Inc. 803.20 JULY 22 CELLPHONE SERVICE 67410 8/12/2022 ABSOLUTE PLUMBING 2,303.00 DRAINAGE - POTHOLING/BACKFILLING 67411 8/12/2022 ACCESS INFORMATION MANAGEMENT 559.19 AUG. 22 STORAGE DOCUMENTS 67412 8/12/2022 AppleOne Employment Services 1,808.64 W/E 7-23-22 CLERICAL ASSISTANCE 67413 8/12/2022 ASI AIR SYSTEMS INC 9,638.57 BAG FILTER CHANGE - LIBRARY 67414 8/12/2022 VERY NICE POOLS 258.41 AUG. 22 FULL SERVICE 67415 8/12/2022 BAY AREA BARRICADE SERVICE 193.45 TRAFFIC CONTROL SIGNAGE 67416 8/12/2022 BAY AREA NEWS GROUP EAST BAY 717.24 JULY 22 CLASSIFIED ADS. 67417 8/12/2022 JC BC Enterprises 2,866.50 INSTR. CONTRACT - SCIENCE CAMP 67418 8/12/2022 California Consulting, Inc. 5,000.00 AUG. 22 GRANT WRITING SERVICES 67419 8/12/2022 CINTAS CORPORATION 721.93 CLEANING SVCS. 67420 8/12/2022 COLE SUPPLY CO. 539.38 TRASH LINERS
67421 8/12/2022 Concentra Medical Centers 186.00 JUL 22 PRE-EMPLOYMENT EXAM. 67422 8/12/2022 DEPT. OF TRANSPORTATION 4,036.63 APR. - JUNE TRAFFIC SIGNALS 67423 8/12/2022 ECOFERT INC 383.00 JUL 22 FERTIGATION SERVICES 67424 8/12/2022 EMPLOYMENT DEVELOPMENT DEPT. 6,003.00 APR-JUN 22 UNEMPLOYMENT INSURANCE 67425 8/12/2022 FASTRAK VIOLATION PROCESSING 21.00 BRIDGE TOLL 67426 8/12/2022 FAST SIGNS 419.72 CORRUGATED PLASTIC SIGNS 67427 8/12/2022 RUEBEN GERK 21.25 8-8-22 MILEAGE
67428 8/12/2022 LISA HARPER 585.00 JULY 19, CITY COUNCIL MINUTES 67429 8/12/2022 PETER M. HASSELMAN 3,000.00 CONCEPT RENDERING SVCS. 67430 8/12/2022 IEDA 1,044.32 AUG. 22 LABOR RELATIONS CONSULTING FEES 67431 8/12/2022 INCREDIFLIX INC. 3,137.55 INSTR. CONTRACT - FILM CAMP 67432 8/12/2022 ISSCO 85.00 WILDER - BACKFLOW PREVENTION 67433 8/12/2022 JAF ASSOCIATES, INC. 3,150.00 INSTR. CONTRACT - TENNIS CAMP 67434 8/12/2022 Maverick Networks, Inc. 3,400.00 AUG. 01-JUL 31, 2024 MITEL MAINT. 67435 8/12/2022 SUSAN MCALLISTER 2,420.00 INSTR. CONTRACT - ART CAMP 67436 8/12/2022 McDonnell Moraga Nursery Corp 169.91 ROSEMARY SHRUBS 67437 8/12/2022 KRIS MUELLER 5,395.00 INSTR. CONTRACT - MUSICAL THEATER 67438 8/12/2022 ORINDA UNION SCHOOL DISTRICT 7,276.50 CLEANING SUPPLIES 67439 8/12/2022 P G & E 3,548.15 6-23/7-22-22 SVC.
67440 8/12/2022 Screening One, Inc. 185.95 JUL 22 EMPLOYMENT SERVICES 67441 8/12/2022 Z SPORTZ INC 3,211.68 INSTR. CONTRACT - SKYHAWKS 67442 8/12/2022 STAPLES CONTRACT & COMMERCIAL 582.10 SUPPLIES 67443 8/12/2022 STEVENS PRINTING 82.29 BUSINESS CARDS
67444 8/12/2022 ROBERT THOMPSON 69.50 8-8-22 MILEAGE
67445 8/12/2022 Wildland Corporation 22,286.85 JUL 22 CHIPPING SERVICE 67446 8/12/2022 PATRICIA TOMLINSON 9,596.65 INSTR. CONTRACT - BALLET 67447 8/12/2022 UNIVERSAL BUILDING SERVICES 6,849.00 JUL 22 CLEANING SVCS. 67448 8/12/2022 UNITED SITE SERVICES INC 926.94 7-13/8-09-22 PORTABLE RENTAL 67449 8/12/2022 U S BANK CORPORATION 13,815.96 CREDIT CARD CHGS. FY 2023 F.4.a
Packet Pg. 44
Attachment: July-September 2022 Check Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Check/Voucher Register
From 7/1/2022 Through 9/30/2022
Check
Number Check Date Payee Check Amount Transaction Description 67450 8/18/2022 MICHAEL & NATALIE TAQUINO 1,004.37 REFUND OF PROJECT EXC2022-004 67451 8/18/2022 ANCHOR ENGINEERING INC 43,265.00 JUL 22 LAVENIDA CULVERT REPAIR PROJECT 67452 8/18/2022 TIM ARNDT 1,103.49 REFUND OF PROJECT EXC-2022-009 67453 8/18/2022 ASSOC OF BAY AREA GOVERNMENTS 4,850.00 SEPT. 22 NATURAL GAS SERVICES 67454 8/18/2022 AT&T 988.41 7-4/8-03-22 SVC.
67455 8/18/2022 BASIC PVR 1,308.40 8-5-22 FLEX SPENDING 67456 8/18/2022 Christy Belcastro 905.25 REFUND OF PROJECT EXC2022-002 67457 8/18/2022 JC BC Enterprises 6,529.25 INSTR. CONTRACT - SCIENCE CAMP 67458 8/18/2022 CALIFORNIA STATE DISBURSEMENT 356.76 8-5-22 GARNISHMENT 67459 8/18/2022 CALIFORNIA STATE DISBURSEMENT 307.84 8-5-22, GARNISHMENT 67460 8/18/2022 CCC GENERAL SERVICES DEPT 113.23 JUNE TRAFFIC SIGNAL MAINT. 67461 8/18/2022 CCC LIBRARY ADMINISTRATION 29,016.21 APR-JUNE 22, ADDITIONAL LIBRARY HOURS 67463 8/18/2022 CINTAS CORPORATION 2,634.04 CLEANING SVCS. 67464 8/18/2022 THE CONSTRUCTION ZONE 936.73 PAINT SUPPLIES 67465 8/18/2022 COWAN & THOMPSON CONSTRUCTION 19,183.00 GUARDRAIL REPAIR - CAMINO PABLO NEAR ARDILLA 67466 8/18/2022 DeShonne Deflorimonte 2,597.40 INSTR. CONTRACT - ART CAMP 67467 8/18/2022 ANDREW DIEFENBACH 1,498.70 INSTR. CONTRACT- PICKLEBALL CAMP 67468 8/18/2022 DEWBERRY ENGINEERS INC. 6,615.44 JULY 22 LAVENIDA CULVERT REPAIR 67469 8/18/2022 FAST SIGNS 325.03 CORRUGATED PLASTIC SIGNS 67470 8/18/2022 FRANCHISE TAX BOARD 145.00 8-5-22 GARNISHMENT 67471 8/18/2022 ANDREA GASPARI 3,618.00 INSTR. CONTRACT - GYMNASTICS CAMP 67472 8/18/2022 BABAK GHASSEMI 112.00 REFUND PROJECT EXC2021-024 67473 8/18/2022 GHIRARDELLI ASSOCIATES, INC 237,697.50 APR. 22 ANNUAL PAVEMENT REHAB. 67474 8/18/2022 Hohbach-Lewin, Inc. 6,649.30 5-9/6-19-22 CITY HALL SLOPE STABILIZATION 67475 8/18/2022 JAF ASSOCIATES, INC. 5,302.50 INSTR. CONTRACT - TENNIS CAMP 67476 8/18/2022 MAD SCIENCE OF MT. DIABLO 3,715.20 INSTR. CONTRACT - MAD SCIENCE CAMP 67477 8/18/2022 Maverick Networks, Inc. 110.00 PHONE SYSTEM SERVICE - REMOTE 67478 8/18/2022 SUSAN MCALLISTER 68.75 INSTR. CONTRACT - ART CLASS 67479 8/18/2022 MCE CORPORATION 34,195.41 JULY 22 LANDSCAPE SVCS. 67480 8/18/2022 Municipal Pooling Authority 1,933.36 AUG. 22 LTD/LIFE INSURANCE 67481 8/18/2022 MVPU, Inc. 960.00 OYS FALL SOCCER MOJO APP. 67482 8/18/2022 ORINDA CHAMBER OF COMMERCE 74.16 REFUND RENTAL OF SARGE LITTLEHALE CONFERENCE 67483 8/18/2022 ORINDA UNION SCHOOL DISTRICT 4,969.27 7-2/6-30-22, ELECTRICAL COSTS 67484 8/18/2022 Pestfinders Pest & Termite Svc 725.00 PEST CONTROL - CITY HALL 67485 8/18/2022 P G & E 22,714.46 6-23/7-22-22 SVC.
67486 8/18/2022 POSITIVE COACHING ALLIANCE 560.00 FALL SOCCER COACH TRAINING 67487 8/18/2022 PRECISION IT CONSULTING 6,715.00 JUL 22, MO. SUPPORT SERVICES 67488 8/18/2022 ROBERT FERGUSON 4,501.80 INSTR. CONTRACT - SKATEBOARD CAMP 67489 8/18/2022 Z SPORTZ INC 2,700.00 INSTR. CONTRACT - SKYHAWKS CAMP 67490 8/18/2022 STAPLES CONTRACT & COMMERCIAL 87.23 OFFICE SUPPLIES 67491 8/18/2022 David Swanson 34,000.00 REFUND LANDSCAPE BOND - 27 PAINTBRUSH LN 67492 8/18/2022 Tripepi, Smith and Associates 7,338.75 GRAFIC ARTS SERVICES 67493 8/18/2022 U.S. BANK 3,460.00 7-1/6-30-23, ADMIN. FEES 67494 8/18/2022 Friends of the Wagner Ranch 5,565.00 INSTR. CONTRACT - NATURE CAMP 67495 8/18/2022 CITY OF WALNUT CREEK 1,800.00 1-27/7-27-22, BMR MONITORING 67496 8/26/2022 T-MOBILE USA, Inc. 75.00 TIMING ADVANCE 67497 8/26/2022 AMS AMERICAN MECHANICAL SVCS 2,061.00 AUG. 22 HVAC MAINT. - CITY HALL 67498 8/26/2022 AppleOne Employment Services 3,361.05 07-30-22, ADMIN. ASSIST. 67499 8/26/2022 BASIC Benefits LLC 66.30 AUG. 22 ADMIN. FEES 67500 8/26/2022 BASIC PVR 1,237.57 8-19-22, FLEX SPENDING 67501 8/26/2022 BAY AREA BARRICADE SERVICE 511.66 TRAFFIC CONTROL SIGNAGE 67502 8/26/2022 BIG BELLY SOLAR INC 77.82 SUPPLIES
67503 8/26/2022 BIG O TIRES 1,739.92 TIRES & BRAKES - VEHICLE 89 67504 8/26/2022 CALIFORNIA STATE DISBURSEMENT 356.76 8-19-22 GARNISHMENT F.4.a
Packet Pg. 45
Attachment: July-September 2022 Check Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Check/Voucher Register
From 7/1/2022 Through 9/30/2022
Check
Number Check Date Payee Check Amount Transaction Description 67505 8/26/2022 CCC PUBLIC WORKS DEPT 36.95 BUSINESS CARDS 67506 8/26/2022 CINTAS CORPORATION 1,004.46 CLEANING SERVICE 67507 8/26/2022 COLE SUPPLY CO. 858.10 TRASH LINERS
67508 8/26/2022 Comcast Business 1,465.52 8-13/9-12-22 SVC. 67509 8/26/2022 CONCORD UNIFORMS LLC 1,032.12 UNIFORMS
67510 8/26/2022 COURT-ORDERED DEBT COLLECTIONS 100.00 8-19-22, GARNISHMENT 67511 8/26/2022 CREATIVE SUPPORTS INC 524.02 ERGONOMIC EQUIPMENT 67512 8/26/2022 C. R. FIRELINE INC. 170.00 ANNUAL MAINT. - FIRE EXTINGUISHERS 67513 8/26/2022 CSW/Stuber-Stroeh Engineering 2,579.00 ON-CALL ENGR. - MORAGA WY WALL MONITORING 67514 8/26/2022 ANDREW DIEFENBACH 1,070.30 INSTR. CONTRACT - PICKLEBALL CLASS 67515 8/26/2022 EBMUD 900.99 6-9/8-9-22 SVCS.
67516 8/26/2022 EXPERT TREE SERVICE 8,450.00 TREE WORK - ZANDER DRIVE 67517 8/26/2022 FORENSIC SERVICES DIVISION 426.93 FORENSIC SERVICES - BLOOD WITHDRAWAL 67518 8/26/2022 FRANCHISE TAX BOARD 145.00 8-19-22, GARNISHMENT 67519 8/26/2022 HDL COREN & CONE 0.00 2022 BUSINESS REGISTRATION PROCESSING FEE 67520 8/26/2022 HEALTH CARE EMPLOYEES 2,762.14 SEPT. 22 DENTAL PREMIUMS 67521 8/26/2022 Intoximeters 246.75 INTOXIMETER SUPPLIES 67522 8/26/2022 Jennifer Hines Design 4,250.00 FALL 22, RECREATION GUIDE BOOK 67523 8/26/2022 LSA ASSOCIATES INC 780.00 ON-CALL ENGR. SVCS. - MINER ROAD SINKHOLE 67524 8/26/2022 PlaceWorks, Inc. 6,605.00 PLNG. SERVICES - CREEK RESTORATION 67525 8/26/2022 SCHAAF & WHEELER 10,103.20 ON-CALL DRAINAGE MAINT. - SAN PABLO CULVERT 67526 8/26/2022 STAPLES CONTRACT & COMMERCIAL 202.40 OFFICE SUPPLIES 67527 8/26/2022 TEAMSTERS LOCAL UNION 856 1,287.00 AUG. 22 (PASS THRU DUES) 67528 8/26/2022 VALENTINE CORPORATION 274,055.05 JULY 22 LAVENIDA CULVERT REPAIR 67529 8/26/2022 Valley Precision Grading, Inc. 59,737.64 RETENTION - WILDER FIELDS 67530 8/26/2022 WALNUT CREEK FORD 2,961.96 TRANSMISSION REPAIRS - VEHICLE #84 67531 8/26/2022 WEX INC 12,694.89 JUL 22 GASOLINE CHGS. 67532 9/1/2022 ADVANCE TITLE RESEARCH 50.00 TITLE RESEARCH - SPRING RD. 67533 9/1/2022 AppleOne Employment Services 904.32 8-13-22 ADMIN. ASSISTANT 67534 9/1/2022 SPORTS SUPPLY GROUP INC 18,272.34 FALL SOCCER UNIFORMS 67535 9/1/2022 CONTRA COSTA HEALTH SERVICES 604.00 HAZMAT CUPA OPERATING PERMIT 67536 9/1/2022 CINTAS CORPORATION 80.60 PW UNIFORMS
67537 9/1/2022 DC ELECTRIC GROUP INC 5,270.66 JUL 22 TRAFFIC MAINT. - EXTRA WORK 67538 9/1/2022 DeSilva Gates Construction, LP 384,731.19 2021 ANNUAL PAVEMENT REHAB. 67539 9/1/2022 DEWBERRY ENGINEERS INC. 2,143.90 CAMINO SOBRANTE RETAINING WALL 67540 9/1/2022 FUTURE FORD OF CONCORD 2,731.01 VEHICLE REPAIR - '14 FORD F-250 67541 9/1/2022 GCS ENVIRONMENTAL EQUIPMENT SE 4,593.57 VEHICLE MAINT. - SWEEPER 67542 9/1/2022 GRANICUS INC 1,359.60 SEPT. 22 AGENDA MEETING SOFTWARE 67543 9/1/2022 LISA HARPER 810.00 AUG. 16 CITY COUNCIL MINUTES 67544 9/1/2022 HARRIS & ASSOCIATES 7,867.13 JUL 22 STORM DRAIN REPAIR - ORCHARD ROAD 67545 9/1/2022 HDR ENGINEERING, INC. 14,850.00 STORM DRAIN REPAIR - GLORIETTA-RHEEM & 67546 9/1/2022 KENNEDY AND ASSOCIATES 524.25 PROFESSIONAL SERVICES - NPDES 67547 9/1/2022 LEHR AUTO ELECTRIC 1,711.06 VEHICLE - SAFETY LIGHTS 67548 9/1/2022 LSA ASSOCIATES INC 390.00 ON-CALL ENGR. SERVICES - MINER RD SINKHOLE 67549 9/1/2022 PlaceWorks, Inc. 13,452.27 JUL 22 HOUSING ELEMENT & SAFETY 67550 9/1/2022 RINCON CONSULTANTANTS, INC 32,262.66 JUL 22 DOWNTOWN PRECISE PLAN 67551 9/1/2022 SHUTE MIHALEY & WEINBERGER 67,160.58 JUL 22 LEGAL FEES 67552 9/1/2022 STAPLES CONTRACT & COMMERCIAL 252.87 SUPPLIES 67553 9/1/2022 CA DEPT OF FISH & WILDLIFE 4,826.50 APPLICATION FEE FOR 1602 67554 9/1/2022 TJKM TRANSPORTATION 2,407.61 ON-CALL TRAFFIC ENGINEERING 67555 9/1/2022 UNIVERSAL BUILDING SERVICES 2,305.00 JUL 22 JANITORIAL SVCS. 67556 9/1/2022 VISION SERVICE PLAN CA 553.80 SEPT. 22 VISION PREMIUMS 67557 9/15/2022 T-MOBILE USA, Inc. 849.71 AUG. 22 CELLPHONE SERVICE F.4.a
Packet Pg. 46
Attachment: July-September 2022 Check Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Check/Voucher Register
From 7/1/2022 Through 9/30/2022
Check
Number Check Date Payee Check Amount Transaction Description 67558 9/15/2022 ABSOLUTE PLUMBING 3,607.00 CLEANING SVCS. 67559 9/15/2022 ACCESS INFORMATION MANAGEMENT 545.16 SEP 22 STORAGE DOCUMENTS 67560 9/15/2022 ASI AIR SYSTEMS INC 1,065.06 HVAC REPAIR SERVICE - LIBRARY 67561 9/15/2022 VERY NICE POOLS 258.41 AUG. CHLORINE PURCHASE 67562 9/15/2022 BASIC PVR 1,487.82 9-2-22 FLEX SPENDING 67563 9/15/2022 BAY ALARM COMPANY 1,332.51 9-1/12-1-22 ALARM SVC. 67564 9/15/2022 BAY AREA BARRICADE SERVICE 881.86 CORP. YARD SIGNAGE 67565 9/15/2022 BAY AREA NEWS GROUP EAST BAY 1,069.84 AUG. 22 CLASSIFIED ADS 67566 9/15/2022 California Consulting, Inc. 5,000.00 SEPT. 22 GRANT WRITING SERVICES 67567 9/15/2022 CALIFORNIA STATE DISBURSEMENT 356.76 9-2-22 GARNISHMENT 67568 9/15/2022 CCC GENERAL SERVICES DEPT 87.53 JUL 22 TRAFFIC SIGNAL MAINT. 67570 9/15/2022 CINTAS CORPORATION 3,085.66 CLEANING
67571 9/15/2022 CivicPlus, Inc 900.00 10-1/9-30-23, ON-LINE SVCS. 67572 9/15/2022 COMCAST 372.51 8-15/9-14-22 SVC.
67573 9/15/2022 CONCORD GARDEN EQUIPMENT & SPO 285.33 MAINT. SUPPLIES 67574 9/15/2022 COURT-ORDERED DEBT COLLECTIONS 100.00 9-2-22 GARNISHMENT 67575 9/15/2022 Brian Cronin 1,061.36 REFUND REMAINING BALANCE FOR PROJECT EXC2022-010 67576 9/15/2022 DOJ ACCOUNTING SERVICES 160.00 LIVESCANS - SOCCER COACHES 67577 9/15/2022 EAST BAY BLUE PRINT 42.50 7-13/8-12-22 SERVICE CONTRACT 67578 9/15/2022 EBMUD 11,013.25 6-30/8-26-22 SVC.
67579 9/15/2022 ECOFERT INC 383.00 AUG. 22 FERTIGATION SVCS. 67580 9/15/2022 ECONOMIC & PLANNING SYSTEMS 7,376.25 HOUSING ELEMENT - DOWNTOWN PROPERTY 67581 9/15/2022 FAST SIGNS 567.03 CORRUGATED PLASTIC SIGNS 67582 9/15/2022 Fire Aside, Inc. 1,115.85 ANNUAL FEE FOR 2022 CHIPPING SOFTWARE 67583 9/15/2022 FISHER GEOTECHNICAL 31,333.66 ENGR. SERVICES - CITY HALL SLOPE STABILIZATION 67584 9/15/2022 FOLGER GRAPHICS 1,752.70 FIRE SAFETY BROCHURE 67585 9/15/2022 FRANCHISE TAX BOARD 145.00 9-2-22 GARNISHMENT 67586 9/15/2022 FRANCHISE TAX BOARD 86.90 GARNISHMENT 9-2 67587 9/15/2022 RUEBEN GERK 21.25 9-10-22 MILEAGE
67588 9/15/2022 Goring and Straja Architects 477.50 WILDER RANCH HOUSE CHILDCARE 67589 9/15/2022 WILSEY HAM 6,085.25 7-1/7-31-22, 2021 ANNUAL PAVEMENT REHAB. 67590 9/15/2022 LISA HARPER 495.00 9-6-22 CITY COUNCIL MINUTES 67591 9/15/2022 HARRIS & ASSOCIATES 16,547.50 STORM DRAIN REPAIR - ORCHARD RD & IVY DRIVE 67592 9/15/2022 MICHAEL J. HASSETT 580.00 CONSULTATION
67593 9/15/2022 HDL Software LLC 1,819.51 2022 BUSINESS REGISTRATION PROCESSING FEE 67594 9/15/2022 HDR ENGINEERING, INC. 10,955.50 STORM DRAIN REPAIR - GLORIETTA-RHEEM AND 67595 9/15/2022 Ricky Hernandez 75.00 9-10-22 MILEAGE
67596 9/15/2022 HINDERLITER DE LLAMAS 1,219.81 JUL-SEP 2022, AUDIT SERVICES 67597 9/15/2022 Hohbach-Lewin, Inc. 2,430.00 10/25-03/11 CITY HALL SLOPE STABILIZSATION 67598 9/15/2022 IEDA 1,044.32 SEP. 22 LABOR RELATIONS
67599 9/15/2022 KONE Pasadena 626.40 9-1/11-30-22 ELEVATOR MAINT. - CITY HALL 67600 9/15/2022 KR Electric, Inc. 8,031.93 COPPER WIRE REPLACEMENT 67601 9/15/2022 MASH PETROLEUM, INC. 8,622.00 REFUND LANDSCAPE BOND 67602 9/15/2022 McDonnell Moraga Nursery Corp 155.11 ROSEMARY SHRUBS 67603 9/15/2022 MID-COUNTY OFFICIALS NETWORK 10,911.00 SOFTBALL UMPIRES 67604 9/15/2022 MITYLITE INC 3,197.95 BANQUET TABLES
67605 9/15/2022 MOUSER LAW FIRM, 203.00 AUG. 22 HR LEGAL SERVICES 67606 9/15/2022 ORINDA HARDWARE & RENTAL 100.06 MISC. HARDWARE 67607 9/15/2022 OTIS ELEVATOR COMPANY 371.00 9-1/9-30-22 ELEVATOR - LIBRARY 67608 9/15/2022 Celina Palmer 1,373.05 REIMB. FOR APA CONFERENCE, AIRFARE AND HOTEL 67609 9/15/2022 P G & E 4,277.21 6-23/7-22-22 SVC.
67610 9/15/2022 PITNEY BOWES PURCHASE POWER 100.00 7-24-22 METER REFILL F.4.a
Packet Pg. 47
Attachment: July-September 2022 Check Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Check/Voucher Register
From 7/1/2022 Through 9/30/2022
Check
Number Check Date Payee Check Amount Transaction Description 67611 9/15/2022 PURCHASE POWER 1,020.99 POSTAGE METER REFILL 67612 9/15/2022 Restoration Management Company 37,742.76 WATER DAMAGE - CITY BLDGS. 67613 9/15/2022 SCHAAF & WHEELER 38,648.03 ON-CALL SERVICES - SAN PABLO CREEK CULVERT 67614 9/15/2022 Screening One, Inc. 176.00 AUG. 22 EMPLOYMENT SVCS. 67615 9/15/2022 SHUTE MIHALEY & WEINBERGER 131.60 JUL 22 LEGAL FEES 67616 9/15/2022 STAPLES CONTRACT & COMMERCIAL 387.89 OFFICE SUPPLIES 67617 9/15/2022 STEVENS PRINTING 565.21 BUSINESS CARDS
67618 9/15/2022 ROBERT THOMPSON 139.00 9-6-22 MILEAGE
67619 9/15/2022 Wildland Corporation 19,021.50 AUG. 22 CHIPPING SERVICE 67620 9/15/2022 PATRICIA TOMLINSON 7,141.00 INSTR. CONTRACT - BALLET 67621 9/15/2022 Tripepi, Smith and Associates 390.00 GRAFIC ARTS SERVICES 67622 9/15/2022 UNIVERSAL BUILDING SERVICES 770.00 WINDOW WASHING - ART & GARDEN CENTER 67623 9/15/2022 UNITED SITE SERVICES INC 926.94 8-10/9-6-22 PORTABLE RENTAL 67624 9/15/2022 U S ALLOYS CO 136.50 RENTAL - CYLINDER
67625 9/15/2022 U S BANK CORPORATION 19,936.35 7-18/8-15-22 CREDIT CARD CHGS. 67626 9/15/2022 Larry Wadford 1,350.00 INSTR. CONTRACT - MARTIAL ARTS 67627 9/15/2022 Kathy Yonemoto 57.68 REFUND OF 4 DROP-IN PASSES 67628 9/22/2022 ASI AIR SYSTEMS INC 620.65 ROOFTOP WIRE/THERMOSTAT - COMM. CTR. 67629 9/22/2022 ASSOC OF BAY AREA GOVERNMENTS 4,850.00 SEPT. 22 NATURAL GAS 67630 9/22/2022 AT&T 1,030.71 8-4/9-3-22 SVC.
67631 9/22/2022 BASIC PVR 1,487.82 9-16 FLEX SPENDING
67632 9/22/2022 BAY AREA BARRICADE SERVICE 342.97 TRAFFIC CONTROL SIGNAGE 67633 9/22/2022 VIOLETTA BURWELL 96.00 9-13-22 MODELING SERVICES 67634 9/22/2022 CALIFORNIA STATE DISBURSEMENT 356.76 9-16-22 GARNISHMENT 67635 9/22/2022 CALPELRA 842.00 MEMBER REGISTRATION FOR ANNUAL TRAINING 67636 9/22/2022 COUNTY TREASURER 38,013.00 1ST QTR. ANIMAL CONROL SERVICES 67637 9/22/2022 CCC - LAW AND JUSTICE SYSTEMS 2,165.75 POLICE NETWORK - RECORDS 67638 9/22/2022 Treasurer of Contra Costa Coun 356,066.92 JUL 2022 POLICE SERVICES 67639 9/22/2022 Central Pacific Engineering 77,532.88 CATHERINE COURT/MARTHA RD TRAIL PROJECT 67640 9/22/2022 CINTAS CORPORATION 1,545.55 CLEANING SVCS. 67641 9/22/2022 CONCORD UNIFORMS LLC 109.70 UNIFORM
67642 9/22/2022 COURT-ORDERED DEBT COLLECTIONS 100.00 9-16-22 GARNISHMENT 67643 9/22/2022 CREATIVE SUPPORTS INC 718.64 ERGONOMIC KEYBOARD 67644 9/22/2022 DOJ ACCOUNTING SERVICES 300.00 FINGERPRINT APPLICANTS 67645 9/22/2022 EAST BAY BLUE PRINT 42.50 8-13/9-12-22 SERVICE CONTRACT 67646 9/22/2022 East Bay RegionalCommunication 16,200.00 JUL 22/JUN 23 RENEWAL FEES 67647 9/22/2022 EBMUD 25,951.12 7-5/8-31-22 SVCS.
67648 9/22/2022 FAST SIGNS 231.00 CORRUGATED PLASTIC SIGNS 67649 9/22/2022 TOD FIERNER 77.16 PHONE CASE
67650 9/22/2022 FRANCHISE TAX BOARD 86.90 9-16-22 GARNISHMENT 67651 9/22/2022 HDL Software LLC 18,280.00 CONTRACT SERVICES 67652 9/22/2022 HEALTH CARE EMPLOYEES 3,022.70 OCT. 22 DENTAL PREMIUMS 67653 9/22/2022 HINDERLITER DE LLAMAS 600.00 JULY-SEPTEMBER 2022 67654 9/22/2022 Municipal Pooling Authority 2,041.90 SEPT. 22 LTD/LIFE 67655 9/22/2022 P G & E 24,917.72 7-23/8-23-22 SVC.
67656 9/22/2022 PlaceWorks, Inc. 4,674.15 DOWNTOWN PRECISE PLAN - CREEK RESTORATION 67657 9/22/2022 PRECISION IT CONSULTING 7,277.50 AUG. 22 MONTHLY BILLING 67658 9/22/2022 Jade & Alexander Rice 1,282.00 REFUND COMPLETED PROJECT - 2 MODOC RD 67659 9/22/2022 Maria Rueda 1,061.36 REFUND COMPLETED PROJECT - 126 MEADOW LN 67660 9/22/2022 SCHAAF & WHEELER 12,491.38 ON-CALL SERVICES - SAN PABLO CREEK CULVERT 67661 9/22/2022 TEAMSTERS LOCAL UNION 856 1,455.00 SEPT. 22 (PASS THRU DUES) 67662 9/22/2022 Tripepi, Smith and Associates 7,200.00 SEPT. 22 RETAINER 67663 9/22/2022 UNIVERSAL BUILDING SERVICES 6,849.00 AUG 22 JANITORIAL 67664 9/22/2022 VALENTINE CORPORATION 120,443.85 AUG. 22 LAVENIDA CULVERT REPAIR PROJ.

F.4.a
Packet Pg. 48
Attachment: July-September 2022 Check Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Check/Voucher Register
From 7/1/2022 Through 9/30/2022
Check
Number Check Date Payee Check Amount Transaction Description 67665 9/22/2022 VERIZON WIRELESS 945.65 7-11/8-10-22 CELL PHONE SERVICE 67666 9/22/2022 VIGILANT SOLUTIONS LLC 4,350.00 ANNUAL SUBSCRIPTION RENEWAL FEE 67667 9/29/2022 Lisa Argue 682.50 AUG 10, SSTOC MINUTES 67668 9/29/2022 ASI AIR SYSTEMS INC 594.00 HVAC SERVICE REPAIR - COMM. CENTER 67669 9/29/2022 BAY ALARM COMPANY 70.68 10-1/1-1-23 ALARM SERVICE 67670 9/29/2022 BIG BELLY SOLAR INC 4,240.03 ANNUAL PROPERTY TAX & ADMIN. FEES 67671 9/29/2022 BOMAC'S INC. 1,537.92 DOOR LOCK REPAIR - LIBRARY 67672 9/29/2022 Broadway San Francisco, LLC 675.00 SENIOR TRIP - TEMPTATIONS TICKETS 67673 9/29/2022 SPORTS SUPPLY GROUP INC 137.13 FALL SOCCER EXTRA UNIFORMS 67674 9/29/2022 MANUEL CAMACHO JR 96.00 9-20-22 MODELING SERVICE 67675 9/29/2022 CCAC 200.00 MEMBERSHIP RENEWAL
67677 9/29/2022 CINTAS CORPORATION 2,638.76 CLEANING SCVS. 67678 9/29/2022 CPRS 150.00 CPRS REGISTRATION RENEWAL
67679 9/29/2022 CSG CONSULTANTS 20,425.00 GEN'L LAND DEV. REVIEW - JUL 22 67680 9/29/2022 DIAMOND K SUPPLY 54.38 SAND PURCHASE
67681 9/29/2022 EBMUD 9,576.11 7-18/9-15-22 SVC.
67682 9/29/2022 ECONOMIC & PLANNING SYSTEMS 10,947.50 AUG. 22 HOUSING ELEMENT 67683 9/29/2022 EXPERT TREE SERVICE 5,085.00 TREE WORK - COMM. CTR. 67684 9/29/2022 GHA TECHNOLOGIES, INC 8,879.13 SURVEILLANCE CAMERAS 67685 9/29/2022 GRANICUS INC 1,359.60 OCT 22 AGENDA MEETING SOFTWARE 67686 9/29/2022 Jeffrey Heyman 25.00 PHOTOGRAPHIC SERVICES 67687 9/29/2022 Interwest Consulting Group,Inc 9,990.00 AUG. 22 CONTRACTOR PLANNER SERVICES 67688 9/29/2022 Kimberly Lenox 309.00 CHANGE TO HIS IMPACT FEE TO REFUND 67689 9/29/2022 MCE CORPORATION 36,911.96 AUG. 22 LANDSCAPE SVCS. 67690 9/29/2022 THE MUSIC COMPANY 6,250.00 2022 SUMMER CONCERT SERIES 67691 9/29/2022 NBC Construction & Engineering 196,498.00 4-1/6-24-22 ORINDA CITY HALL SLOPE STABILIZATION 67692 9/29/2022 ORINDA MOTORS INC 893.18 TIRES FOR TOYOTA TACOMA 67693 9/29/2022 OTIS ELEVATOR COMPANY 371.00 10-1/10-31-22 LIBRARY MAINT. 67694 9/29/2022 Pestfinders Pest & Termite Svc 725.00 PEST CONTROL - CITY HALL 67695 9/29/2022 P G & E 82.62 7-15/8-15-22 SVC.
67696 9/29/2022 PITNEY BOWES INC. 640.75 POSTAGE METER REPAIRS 67697 9/29/2022 PlaceWorks, Inc. 23,074.96 AUG. 22 HOUSING ELEMENT & SAFETY 67698 9/29/2022 SHUTE MIHALEY & WEINBERGER 80,992.59 AUG. 22 LEGAL FEES - VISTA VERDE PROJECT 67699 9/29/2022 STEVENS PRINTING 274.38 BUSINESS CARDS
67700 9/29/2022 Wildland Corporation 58,000.00 OAK PARK-FIRE PREVENTION FUEL BREAK Report Total 10,087,481.85
F.4.a
Packet Pg. 49
Attachment: July-September 2022 Check Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Payment Summary for US Bank CalCard Payment
July 2022 (Attachment B)
U. S. BANK CORPORATION
MAY 16, 2022 THROUGH JUNE 14, 2022
STMT. 06-16-2022
Transaction Description $Amount
FACE MASKS 73.45
NEWSPAPER SUBSCRIPTION & APPLICATION FORM SUBSCRIPTION 29.00 MAINTENANCE SUPPLIES 198.09
CCC PERMIT FEES 123.53
FUN FLICKS OUTDOOR MOVIES 51.50
FACEBOOK ADS 498.87
WIRELESS KEYBOARD & MOUSE 120.71
LOCC CONFERENCE - 1 ATTENDEE 600.00
CALIF. ELECTIONS CODE 38.41
DOCUMENT SIGN SUBSCRIPTION 5-21/5-20-2023 480.00
REFUND FPR DUI CONFERENCE (450.00)
CAR WASH & DETAIL - VEHICLE #89 275.00
POLICE SUPPLIES 38.39
PW HARDWARE SUPPLIES 34.01
AUTOPARTS RETURNED (21.75)
TIRE CHECK 25.00
DUMPING OF YARD WASTE 231.60
COVID-19 RAPID TESTS 295.95
SUBSCRIPTION - GRAPHIC DESIGN 119.99
SUBSCRIPTION - SURVEY MONKEY 372.00
SUPPLIES - SUMMER CAMP 38.54
TESTING FEE - CREDIT CARD MACHINE (5.00)
BUS TRANSPORTATION - LAKE TEMESCAL FIELD TRIP 688.53
GENERAL SUPPLIES FOR SUMMER CAMP 1,454.47
PW HARDWARE SUPPLIES 203.38
MOVIES FOR - MOVIES IN THE PARK 465.00
SUMMER CAMP SUPPLIES 447.91
WEEDEATER 340.85
WEEDEATER CREDIT CHARGE (34.87)
CONCRETE PURCHASE 225.63
TIRE FEES 36.00
LOCKSMITH SVCS. - FORD F-250, NUTS & BOLTS, CLEANING 170.30 CAR WASH - ENGINEERING DEPT. 45.95
YRLY. & MO. IRRIGATION CONTROL SUBSCRIPTIONS 308.80

BATTERY RECYCLE BIN, FACEMASKS, IPS MONITOR, USB CAMERA,

HOSE REEL/LOCK
830.69
MISC. P/R HARDWARE SUPPLIES 764.00
PAINT SUPPLIES 65.77
CARPET CLEANER PARTS 107.66
P/R MISC. HARDWARE SUPPLIES 630.18
US BANK CHECK #67247 Issued JULY 14, 2022 9,917.54
Page: 1
F.4.b
Packet Pg. 50
Attachment: July-September 2022 Cal-Card Transactions (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September City of Orinda
Payment Summary for US Bank CalCard Payment
September 2022 (Attachment B)
U. S. BANK CORPORATION
JULY 18, 2022 THRU AUGUST 15, 2022
STMT. 08-06-22
Transaction Description $Amount
COGNITO SUBSCRIPTION & MAILINGS 22.85
OFFICE SUPPLIES 159.13
OVERPAYMENT OF STATEMENT 7-17-22 (55.46)
NEWSPAPER SUBSCRIPTION & CICSC INSTITUTION DUES 139.00
VEHICLE REPAIRS - '22 CHEVY TRUCK, AND BEDLINER FOR TRUCK 1,838.50 NOTARY RENEWAL MEMBERSHIP AND CERTIFICATE OF 715.18
FIELD TRIP - SPACE & SCIENCE CENTER 642.00
FOOD TRUCK FOR MOVIE NIGHT & SNOWCONE MACHINE 657.35
MOVIE FOR MOVIE NIGHT 465.00
SOCCER GOALS 1,930.00
SOCCER PROGRAM SUPPLIES 898.71
FACEBOOK ADS 45.00
CAR BATTERY 175.99
FIELD TRIP - SAN RAMON POOL & LUNCH SUPPLIES 223.66
BUS RENTAL - SAN RAMON POOL 678.22
BUS RENTAL - CHABOT SPACE & SCIENCE CENTER 663.22
SUMMER CAMP SUPPLIES 1,965.65
AUTO TIRES, BATTERY, OIL CHANGE & DEFOGGER 826.45
INFLATE BOBCAT TIRE 27.66
SOFTBALL CHAMP SHIRTS 970.37
ANNUAL IRRIGATION CONTROL SUBSCRIPTION 249.00
WORK BOOTS - PUBLIC WORKS 122.84
BIG BELLY TRASH LINERS, DOGGY BAGS, DIMMING BALLAST, 1,296.77 MAINTENANCE SUPPLIES 850.81
BUS RENTAL - SIX FLAGS DISCOVERY KINGDOM 815.09
DIGITAL MARKETING PLANTFORM - PUBLISH ACTIVITY GUIDE 420.00 E-MAIL MARKETING PLATFORM - FOR CITY NEWSLETTER 675.00
TROPHIES & AWARDS FOR ADULT SOFTBALL LEAGUE 334.14
END OF SUMMER DEBRIEF FOR CAMP STAFF SUPPLIES 520.52
MISC. HARDWARE - PUBLIC WORKS 906.59
MISC. HARDWARE - PARK & REC. 757.11
US BANK CHECK #67625 Issued SEPTEMBER 15, 2022 19,936.35 Page: 1
F.4.b
Packet Pg. 51
Attachment: July-September 2022 Cal-Card Transactions (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September City of Orinda
Summay Check/Transaction Register
Payroll Register for July-Sept 2022
Document # Document Date Employee Name First, MI Name
9513 7/8/2022 CaseyCynthia C.
9514 7/8/2022 Davis Benjamin J.
9515 7/8/2022 Hayashi Daniel T.
9516 7/8/2022 Smith Ivan L.
52188 7/8/2022Alessio Douglas R.
52189 7/8/2022Allnutt Wesley H.
52190 7/8/2022Amerman Jennifer K.
52191 7/8/2022Arroyo Miguel A.
52192 7/8/2022 Biggs David C.
52193 7/8/2022 Bodner Jude C.
52194 7/8/2022 Buckley Drummond F.
52195 7/8/2022 Chan Matthew
52196 7/8/2022 Chatman Rasha
52197 7/8/2022 ChengLy
52198 7/8/2022 Christie Scott
52199 7/8/2022 Cortez Christopher A.
52200 7/8/2022 Cronin Michele B.
52201 7/8/2022 Delmartini Matthew C.
52202 7/8/2022 Ecklund Steven C.
52203 7/8/2022 Ehrhardt Logan D.
52204 7/8/2022 Ehrhardt Stephen D.
52205 7/8/2022 Fierner Tod D.
52206 7/8/2022 Flores Jennie
52207 7/8/2022 Fordyce Isabella T.
52209 7/8/2022 Frank James A.
52210 7/8/2022 Gerk Rueben A.
52211 7/8/2022 Hayden Carla L.
52212 7/8/2022 Hernande
z Ricardo
52213 7/8/2022 Hu
ghes Darin E.
52214 7/8/2022 Jordan Naomi R.
52215 7/8/2022 Karuppusamy Natarajan Sivakumar
52216 7/8/2022 Kemp Deigo J.
52217 7/8/2022 Khorashadi Farah
52218 7/8/2022 Leach Mark S.
52219 7/8/2022 Low Jamila
52220 7/8/2022 McCourt Kevin
52221 7/8/2022 Mercer Courtney C.
52222 7/8/2022 Morici Brett C.
52223 7/8/2022 Mui Winnie
52224 7/8/2022 Navarro-Marsili Valentina
52225 7/8/2022 Needoba Roger
52226 7/8/2022 Owens Ryan M.
52227 7/8/2022 Perez Norma
52228 7/8/2022 Perusse Colin J.
52229 7/8/2022 Reedy Sisan L.
52230 7/8/2022 Schaufler Lori B.
52231 7/8/2022 Scheingart Katherine O.
52233 7/8/2022 Simon Fletcher A.
52234 7/8/2022 Smith Sheri
52235 7/8/2022 Staton Virginia K.
52236 7/8/2022 Thompson Linda M.

Date: 2/15/2023, 1:19 PM Page: 1
F.4.c
Packet Pg. 52
Attachment: July-September 2022 Payroll Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for July-Sept 2022
Document # Document Date Employee Name First, MI Name
52237 7/8/2022 Thompson Robert A.
52238 7/8/2022 Trimble Todd
52239 7/8/2022 Urbina Vanessa K.
52240 7/8/2022 Wellman-Miner Sheena
52241 7/8/2022 Zhang Ning
9517 7/22/2022 CaseyCynthia C.
9518 7/22/2022 Davis Benjamin J.
9519 7/22/2022 Hayashi Daniel T.
9520 7/22/2022 Smith Ivan L.
52242 7/22/2022Alessio Douglas R.
52243 7/22/2022Amerman Jennifer K.
52244 7/22/2022Arroyo Miguel A.
52245 7/22/2022 Biggs David C.
52246 7/22/2022 Bodner Jude C.
52247 7/22/2022 Buckley Drummond F.
52248 7/22/2022 Chan Matthew
52249 7/22/2022 Chatman Rasha
52250 7/22/2022 ChengLy
52251 7/22/2022 Christie Scott
52252 7/22/2022 Cronin Michele B.
52253 7/22/2022 Delmartini Matthew C.
52254 7/22/2022 Ecklund Steven C.
52255 7/22/2022 Ehrhardt Logan D.
52256 7/22/2022 Ehrhardt Stephen D.
52257 7/22/2022 Fierner Tod D.
52258 7/22/2022 Flores Jennie
52259 7/22/2022 Fordyce Isabella T.
52261 7/22/2022 Frank James A.
52262 7/22/2022 Gerk Rueben A.
52263 7/22/2022 Hayden Carla L.
52264 7/22/2022 Hernandez Ricardo
52265 7/22/2022 Hughes Darin E.
52266 7/22/2022 Jordan Naomi R.
52267 7/22/2022 Karuppusamy Natarajan Sivakumar
52268 7/22/2022 Kemp Diego J.
52269 7/22/2022 Khorashadi Farah
52270 7/22/2022 Leach Mark S.
52271 7/22/2022 Low Jamila
52272 7/22/2022 McCourt Kevin
52273 7/22/2022 Mercer Courtney C.
52274 7/22/2022 Morici Brett C.
52275 7/22/2022 Mui Winnie
52276 7/22/2022 Navarro-Marsili Valentina
52277 7/22/2022 Needoba Roger
52278 7/22/2022 Owens Ryan M.
52279 7/22/2022 Perez Norma
52280 7/22/2022 Perusse Colin J.
52281 7/22/2022 Reedy Susan L.
52282 7/22/2022 Schaufler Lori B.
52283 7/22/2022 Scheingart Katherine O.
52284 7/22/2022 Simon Fletcher A.

Date: 2/15/2023, 1:19 PM Page: 2
F.4.c
Packet Pg. 53
Attachment: July-September 2022 Payroll Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for July-Sept 2022
Document # Document Date Employee Name First, MI Name
52285 7/22/2022 Smith Sheri
52286 7/22/2022 Staton Virginia K.
52287 7/22/2022 Tamayo Julia M.
52288 7/22/2022 Thompson Linda M.
52289 7/22/2022 Thompson Robert A.
52290 7/22/2022 Trimble Todd
52291 7/22/2022 Urbina Vanessa K,
52292 7/22/2022 Wellman-Miner Sheena
52293 7/22/2022 Zhang Ning
9521 8/5/2022 CaseyCynthia C.
9522 8/5/2022 Davis Benjamin J.
9523 8/5/2022 Hayashi Daniel T.
9525 8/5/2022 Smith Ivan L.
52294 8/5/2022Alessio Douglas R.
52295 8/5/2022Amerman Jennifer K.
52296 8/5/2022Arroyo Miguel A.
52297 8/5/2022 Biggs David C.
52298 8/5/2022 Bodner Jude C.
52299 8/5/2022 Buckley Drummond F.
52300 8/5/2022 Chan Matthew
52301 8/5/2022 Chatman Rasha
52302 8/5/2022 ChengLy
52303 8/5/2022 Christie Scott
52304 8/5/2022 Cronin Michele B.
52305 8/5/2022 Delmartini Matthew C.
52306 8/5/2022 Ecklund Steven C.
52307 8/5/2022 Ehrhardt Logan D.
52308 8/5/2022 Ehrhardt Stephen D.
52309 8/5/2022 Fierner Tod D.
52310 8/5/2022 Flores Jennie
52311 8/5/2022 Fordyce Isabella T.
52312 8/5/2022 Frank James A.
52313 8/5/2022 Gerk Rueben A.
52314 8/5/2022 Hayden Carla L.
52315 8/5/2022 Hazel Christopher M.
52316 8/5/2022 Hernande
z Ricardo
52317 8/5/2022 Hu
ghes Darin E.
52318 8/5/2022 Jordan Naomi R.
52319 8/5/2022 Karuppusamy Natarajan Sivakumar
52320 8/5/2022 Kemp Deigo J.
52321 8/5/2022 Khorashadi Farah
52322 8/5/2022 Leach Mark S.
52323 8/5/2022 Low Jamila
52324 8/5/2022 McCourt Kevin
52325 8/5/2022 Mercer Courtney C.
52326 8/5/2022 Morici Brett C.
52327 8/5/2022 Mui Winnie
52328 8/5/2022 Navarro-Marsili Valentina
52329 8/5/2022 Needoba Roger
52330 8/5/2022 Owens Ryan M.
52331 8/5/2022 Perez Norma
Date: 2/15/2023, 1:19 PM Page: 3
F.4.c
Packet Pg. 54
Attachment: July-September 2022 Payroll Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for July-Sept 2022
Document # Document Date Employee Name First, MI Name
52332 8/5/2022 Perusse Colin J.
52333 8/5/2022 Reedy Sisan L.
52334 8/5/2022 Schaufler Lori B.
52335 8/5/2022 Scheingart Katherine O.
52336 8/5/2022 Simon Fletcher A.
52337 8/5/2022 Smith Sheri
52338 8/5/2022 Staton Virginia K.
52339 8/5/2022 Tamayo Julia M.
52340 8/5/2022 Thompson Linda M.
52341 8/5/2022 Thompson Robert A.
52342 8/5/2022 Trimble Todd
52343 8/5/2022 Urbina Vanessa K.
52344 8/5/2022 Wellman-Miner Sheena
52345 8/5/2022 Zhang Ning
9527 8/19/2022 CaseyCynthia C.
9528 8/19/2022 Davis Benjamin J.
9529 8/19/2022 Hayashi Daniel T.
9530 8/19/2022 Mayorga Daniel A.
9531 8/19/2022 Smith Ivan L.
52346 8/19/2022Alessio Douglas R.
52347 8/19/2022Allnutt Wesley H.
52348 8/19/2022Amerman Jennifer K.
52349 8/19/2022Arroyo Miguel A.
52350 8/19/2022 Biggs David C.
52351 8/19/2022 Bodner Jude C.
52352 8/19/2022 Buckley Drummond F.
52353 8/19/2022 Chatman Rasha
52354 8/19/2022 ChengLy
52355 8/19/2022 Christie Scott
52356 8/19/2022 Cronin Michele B.
52357 8/19/2022 Delmartini Matthew C.
52358 8/19/2022 Ecklund Steven C.
52359 8/19/2022 Ehrhardt Logan D.
52360 8/19/2022 Ehrhardt Stephen D.
52361 8/19/2022 Fierner Tod D.
52362 8/19/2022 Flores Jennie
52363 8/19/2022 Fordyce Isabella T.
52364 8/19/2022 Gerk Rueben A.
52365 8/19/2022 Hayden Carla L.
52366 8/19/2022 Hazel Christopher M.
52367 8/19/2022 Hernandez Ricardo
52368 8/19/2022 Hughes Darin E.
52369 8/19/2022 Karuppusamy Natarajan Sivakumar
52370 8/19/2022 Khorashadi Farah
52371 8/19/2022 Leach Mark S.
52372 8/19/2022 Low Jamila
52374 8/19/2022 McCourt Kevin
52375 8/19/2022 Morici Brett C.
52376 8/19/2022 Mui Winnie
52377 8/19/2022 Navarro-Marsili Valentina
52378 8/19/2022 Needoba Roger
Date: 2/15/2023, 1:19 PM Page: 4
F.4.c
Packet Pg. 55
Attachment: July-September 2022 Payroll Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for July-Sept 2022
Document # Document Date Employee Name First, MI Name
52379 8/19/2022 Owens Ryan M.
52380 8/19/2022 Perez Norma
52381 8/19/2022 Perusse Colin J.
52382 8/19/2022 Petty Stephanie L.
52383 8/19/2022 Reedy Susan L.
52384 8/19/2022 Schaufler Lori B.
52385 8/19/2022 Scheingart Katherine O.
52386 8/19/2022 Simon Fletcher A.
52387 8/19/2022 Smith Sheri
52388 8/19/2022 Staton Virginia K.
52389 8/19/2022 Tamayo Julia M.
52390 8/19/2022 Thompson Linda M.
52391 8/19/2022 Thompson Robert A.
52392 8/19/2022 Trimble Todd
52393 8/19/2022 Urbina Vanessa K,
52394 8/19/2022 Wellman-Miner Sheena
52395 8/19/2022 Zhang Ning
9532 9/2/2022 CaseyCynthia C.
9533 9/2/2022 Hayashi Daniel T.
9534 9/2/2022 Mayorga Daniel A.
52396 9/2/2022Alessio Douglas R.
52397 9/2/2022Allnutt Wesley H.
52398 9/2/2022Amerman Jennifer K.
52399 9/2/2022Arroyo Miguel A.
52400 9/2/2022 Baarsch Donna
52401 9/2/2022 Biggs David C.
52402 9/2/2022 Bodner Jude C.
52403 9/2/2022 Buckley Drummond F.
52404 9/2/2022 Chatman Rasha
52405 9/2/2022 ChengLy
52406 9/2/2022 Christie Scott
52407 9/2/2022 Cronin Michele B.
52408 9/2/2022 Delmartini Matthew C.
52409 9/2/2022 Ecklund Steven C.
52410 9/2/2022 Ehrhardt Logan D.
52411 9/2/2022 Ehrhardt Stephen D.
52412 9/2/2022 Fierner Tod D.
52413 9/2/2022 Flores Jennie
52414 9/2/2022 Gerk Rueben A.
52415 9/2/2022 Hayden Carla L.
52416 9/2/2022 Hazel Christopher M.
52417 9/2/2022 Hernande
z Ricardo
52418 9/2/2022 Hu
ghes Darin E.
52419 9/2/2022 Karuppusamy Natarajan Sivakumar
52420 9/2/2022 Khorashadi Farah
52421 9/2/2022 Leach Mark S.
52422 9/2/2022 Low Jamila
52424 9/2/2022 McCourt Kevin
52425 9/2/2022 Mui Winnie
52426 9/2/2022 Needoba Roger
52427 9/2/2022 Palmer Celina F.

Date: 2/15/2023, 1:19 PM Page: 5
F.4.c
Packet Pg. 56
Attachment: July-September 2022 Payroll Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for July-Sept 2022
Document # Document Date Employee Name First, MI Name
52428 9/2/2022 Perez Norma
52429 9/2/2022 Petty Stephanie L.
52430 9/2/2022 Reedy Sisan L.
52431 9/2/2022 Schaufler Lori B.
52432 9/2/2022 Smith Sheri
52433 9/2/2022 Staton Virginia K.
52434 9/2/2022 Tamayo Julia M.
52435 9/2/2022 Thompson Linda M.
52436 9/2/2022 Thompson Robert A.
52437 9/2/2022 Trimble Todd
52438 9/2/2022 Wellman-Miner Sheena
52439 9/2/2022 Zhang Ning
9535 9/16/2022 CaseyCynthia C.
9536 9/16/2022 Hayashi Daniel T.
9537 9/16/2022 Mayorga Daniel A.
52440 9/16/2022Alessio Douglas R.
52441 9/16/2022Allnutt Wesley H.
52442 9/16/2022Amerman Jennifer K.
52443 9/16/2022Arroyo Miguel A.
52444 9/16/2022 Baarsch Donna
52445 9/16/2022 Biggs David C.
52446 9/16/2022 Buckley Drummond F.
52447 9/16/2022 Chatman Rasha
52448 9/16/2022 ChengLy
52449 9/16/2022 Christie Scott
52450 9/16/2022 Cronin Michele B.
52451 9/16/2022 Delmartini Matthew C.
52452 9/16/2022 Ecklund Steven C.
52453 9/16/2022 Ehrhardt Stephen D.
52454 9/16/2022 Fierner Tod D.
52455 9/16/2022 Flores Jennie
52456 9/16/2022 Gerk Rueben A.
52457 9/16/2022 Hayden Carla L.
52458 9/16/2022 Hazel Christopher M.
52459 9/16/2022 Hernandez Ricardo
52460 9/16/2022 Hughes Darin E.
52461 9/16/2022 Karuppusamy Natarajan Sivakumar
52462 9/16/2022 Khorashadi Farah
52463 9/16/2022 Leach Mark S.
52464 9/16/2022 Low Jamila
52466 9/16/2022 McCourt Kevin
52467 9/16/2022 Mui Winnie
52468 9/16/2022 Needoba Roger
52469 9/16/2022 Palmer Celina F.
52470 9/16/2022 Perez Norma
52471 9/16/2022 Petty Stephanie L.
52472 9/16/2022 Reedy Susan L.
52473 9/16/2022 Santos Landon B.
52474 9/16/2022 Schaufler Lori B.
52475 9/16/2022 Scheingart Katherine O.
52476 9/16/2022 Smith Sheri
Date: 2/15/2023, 1:19 PM Page: 6
F.4.c
Packet Pg. 57
Attachment: July-September 2022 Payroll Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for July-Sept 2022
Document # Document Date Employee Name First, MI Name
52477 9/16/2022 Staton Virginia K.
52478 9/16/2022 Tamayo Julia M.
52479 9/16/2022 Thompson Linda M.
52480 9/16/2022 Thompson Robert A.
52481 9/16/2022 Trimble Todd
52482 9/16/2022 Wellman-Miner Sheena
52483 9/16/2022 Zhang Ning
9538 9/30/2022 CaseyCynthia C.
9539 9/30/2022 Mayorga Daniel A.
52484 9/30/2022Alessio Douglas R.
52485 9/30/2022Allnutt Wesley H.
52486 9/30/2022Amerman Jennifer K.
52487 9/30/2022Arroyo Miquel A.
52488 9/30/2022 Baarsch Donna
52489 9/30/2022 Biggs David C.
52490 9/30/2022 Buckley Drummond F.
52491 9/30/2022 Carter Stephen M.
52492 9/30/2022 Chatman Rasha
52493 9/30/2022 ChengLy
52494 9/30/2022 Christie Scott
52495 9/30/2022 Cronin Michele B.
52496 9/30/2022 Delmartini Matthew C.
52497 9/30/2022 Ecklund Steven C.
52498 9/30/2022 Ehrhardt Stephen D.
52499 9/30/2022 Fierner Tod D.
52500 9/30/2022 Flores Jennie
52501 9/30/2022 Gerk Rueben A.
52502 9/30/2022 Hayashi Daniel T.
52503 9/30/2022 Hayden Carla L.
52504 9/30/2022 Hazel Christopher M.
52505 9/30/2022 Hernandez Ricardo
52506 9/30/2022 Hughes Darin E.
52507 9/30/2022 Karuppusamy Natarajan Sivakumar
52508 9/30/2022 Khorashadi Farah
52509 9/30/2022 Leach Mark S.
52510 9/30/2022 Low Jamie
52512 9/30/2022 McCourt Kevin
52513 9/30/2022 Mui Winnie
52514 9/30/2022 Needoba Roger
52515 9/30/2022 Palmer Celina F.
52516 9/30/2022 Perez Norma
52517 9/30/2022 Petty Stephanie L.
52518 9/30/2022 Reedy Susan L.
52519 9/30/2022 Santos Landon B.
52520 9/30/2022 Schaufler Lori B.
52521 9/30/2022 Scheingart Katherine O.
52522 9/30/2022 Smith Sheri
52523 9/30/2022 Staton Virginia K.
52524 9/30/2022 Tamayo Julia M.
52525 9/30/2022 Thompson Linda M.
52526 9/30/2022 Thompson Robert A.

Date: 2/15/2023, 1:19 PM Page: 7
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Packet Pg. 58
Attachment: July-September 2022 Payroll Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for July-Sept 2022
Document # Document Date Employee Name First, MI Name
52527 9/30/2022 Trimble Todd
52528 9/30/2022 Wellman-Miner Sheena
52529 9/30/2022 Zhang Ning
Payroll Payments Pay Period 07-08: 117,493.43
Pay Period 07-22 113,831.75
Pay Period 08-05: 122,417.06
Pay Period 08-19: 108,185.34
Pay Period 09-02: 105,114.62
Pay Period 09-16: 105,882.18
Pay Period 09-30: 105,952.59
Subtotal Payroll 778,876.97
Payroll Taxes 229,134.78
EE Benefits 320,039.91
Accounts Payable (See Attachment A) 10,087,481.85
Grand total 11,415,533.51
Date: 2/15/2023, 1:19 PM Page: 8
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Packet Pg. 59
Attachment: July-September 2022 Payroll Listing (2905 : Quarterly Disbursements Rev Exp Fund Balance - July through September 2022) City Council
Staff Report
Agenda Item: F.5
Date: March 21, 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 24-23 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)

8. Failing roadway on upper El Toyonal (1/4 mile north of Chapparal Pl.) due to incipient landslide

9. Road embankment failure on Glorietta Blvd. (fronting #202) 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.

F.5
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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 $200,000. This includes contractors, consultants and overtime for city staff. Total cost estimate, for complete repairs is roughly estimated to be $ 1.6 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 24-23 Emergency Resolution Continued 2022-23 Storms Respectfully Submitted by:

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

F.5
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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. 24-23 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:

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Packet Pg. 62
Attachment: Resolution 24-23 Emergency Resolution Continued 2022-23 Storms (3062 : Reaffirm emergency winter storms) • Shoulder/road edge failure near 57 Tarry Ln.
• Landslide at 14 Cedar Ln (potential road edge impacts). • Sinkhole/48” storm drain pipe failure in city easement at 7 North Ln. • City buildings – water intrusion. Impacts to Community Center and City Hall. • Damaged 72” storm drain pipe under Miner Rd. south of Camino Don Miguel • Failed retaining wall on Camino Sobrante (fronting #56) • Failing roadway on upper El Toyonal (1/4 mile north of Chapparal Pl.) due to incipient landslide
• Road embankment failure on Glorietta Blvd. (fronting #202) 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.

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Attachment: Resolution 24-23 Emergency Resolution Continued 2022-23 Storms (3062 : Reaffirm emergency winter storms) Section 5. That the City Manager or his/her designee is hereby designated as the authorized representative of the City of Orinda for the purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain county, state or federal relief assistance.

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

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

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

Section 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 21, 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________
Inga Miller, Mayor
ATTEST:
____________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 24-23 Emergency Resolution Continued 2022-23 Storms (3062 : Reaffirm emergency winter storms) City Council
Staff Report
Agenda Item: F.6
Date: March 21, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Establishing the Rate per Equivalent Runoff Unit (ERU) for Fiscal Year 2023-2024 and requesting the Contra Costa County Flood Control and Water Conservation District to Adopt an Annual Parcel Assessment for Drainage Maintenance and the National Pollutant Discharge Elimination System (NPDES) Program RECOMMENDATION:

Staff recommends adoption of Resolution No. 16-23, establishing the Equivalent Runoff Unit (ERU) for Fiscal Year 2023-2024 for the National Pollutant Discharge Elimination System (NPDES) Program at the same rate as was levied in the current year.

BACKGROUND:

In the spring of each year, the Council sets the upcoming fiscal year's stormwater utility assessment (SUA) fee. This fee is a parcel based assessment that is calculated using an Equivalent Runoff Units (ERU) rate that is set each year by City Council.

The fees provide funding for activities that are necessary for the City to comply with the National Pollution Discharge Elimination System (NPDES) stormwater program. The NPDES Program is regulated under a State regional municipal NPDES permit issued by the State to the Contra Costa County Clean Water Program (CCCWP), of which the City of Orinda is a member. The SUA fees fund some of the City’s costs in complying with the NPDES permit, and also fund Orinda's share of the CCCWP required activities. This report addresses how the ERU rate is set and how the fees are used for the City's NPDES activities and the City’s share of the CCCWP costs.

The collection of these fees is subject to provisions in the State Constitution related to property related fees and assessments (Proposition 218). The fees cannot be increased above the maximum rate established in 1993 without a property owner ballot measure.

The amount of the recommended fee proposed for Fiscal Year 2023-2024 is the same amount as has been levied since 2002-2003.

DISCUSSION:

NPDES Program Description
The NPDES is a federally mandated program, the objectives of which are to eliminate the discharge of all types of pollutants into the nation's waterways. This objective is accomplished by requiring dischargers, such as industrial facilities, construction contractors, water treatment plants, cities, and counties, to obtain permits specifying ways in which they will eliminate the discharge of pollutants into waterways. For municipalities, the type of pollution that must be eliminated or reduced to the maximum extent practicable is called "non-point" pollution, consisting of all types of substances F.6
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generated as a result of urbanization (e.g. pesticides, fertilizers, PCB’s, Mercury, automobile fluids, sewage, litter, etc.).

In order to achieve compliance with the NPDES permit, the City of Orinda has been participating in the CCCWP with Contra Costa County, other Contra Costa cities, and the Contra Costa Flood Control and Water Conservation District since 1993. Orinda and the other member’s participation and funding the CCCWP are authorized under an agreement executed by all member agencies.

The State’s San Francisco Bay Regional Water Quality Control Board (RWQCB) is the regulatory agency that issues NPDES permits. The current municipal permit is a Municipal Regional Permit (MRP) covering 76 municipalities in the San Francisco Bay Area. The current permit is the second MRP permit “MRP 3.0” (Order R2-2022-0018, NPDES Permit No. CAS612008) which went into effect on July 1, 2022 and has a fiveyear term, set to expire on June 30, 2027.

CCCWP Program Budget
The CCCWP is managed by staff under direction of the Management Committee, which consists of representatives of the member cities and the county. CCCWP staff administers the various “Group” activities that are required under the NPDES permit, including technical studies, monitoring, compiling the annual report, conducting committee meetings and managing the various consultants required to perform technical work. The activities are carried out under the following permit provisions:
• municipal operations (provision c.2)
• new development /redevelopment (provision c.3)
• industrial /commercial controls, including business inspections (provision c.4) • illicit discharge control (provision c.5)
• construction site controls (provision c.6)
• public information and participation (provision c.7)
• water quality monitoring (provision c.8)
• pesticide toxicity control (provision c.9)
• trash load reduction (provision c.10)
• Mercury controls (provision c.11)
• PCB controls (provision c.12)
The current MRP requirements such as water quality monitoring, trash reduction, Mercury and PCB control, and green infrastructure plans, have resulted in increases in CCCWP costs. Reserve funds at the CCCWP level have been used to keep CCCWP costs at a reasonable level but are being depleted. In 2012, the CCCWP sought additional funding to supplement the SUA fees by conducting a Proposition 218 election for a “Clean Water Initiative” fee, which did not pass.

The new MRP has significant additional requirements and unfunded mandates, which will cost cities more to comply with, which translates to a higher budget for the upcoming fiscal year. At the February 2023 meeting of the CCCWP’s Management Committee meeting, a draft FY 2023-2024 CCCWP budget was presented in the amount of approximately $4.2 million. (The final budget will be voted on at the March F.6
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15, 2023 Management Committee meeting.) This amount would be funded by the SUA’s from the member cities and county, and by drawing down some reserve funds held by the CCCWP.

Current Program Costs to be Funded from the Fee
Participation in the CCCWP by the City of Orinda, and other local agencies in Contra Costa County, is funded by a stormwater utility assessment fee (SUA). Contra Costa County Flood Control and Water Conservation District administers and collects the SUA fees on behalf of the City. This parcel-based fee is levied on properties within the City and collected with property tax bills. In addition to CCCWP programs and projects, the SUA also provides funding directly to the City for local stormwater program activities.

For the current fiscal year (FY 2022-23), the County estimates SUA fees to be collected from Orinda properties to be $389,300 (this is gross revenue, after both corrections and adjustments). From this amount, deductions are made by the County for approximately $76,000 for the following programs:
• Funding the CCCWP: Orinda’s pro-rata share, based on the population, is 1.68% of the CCCWP budget of approximately $3.5 million, and amounts to approximately $59,000.
• Payments to Central Contra Costa Sanitary District to perform required business facility clean water inspections. The City of Orinda (and most of the other cities in the CCCWP) contract with the District for these services, which are estimated to cost approximately $9,200 for the current year.
• Collecting/County Auditor fees: Approximately $6,200
• SUA administration shared costs, based on parcel count share for Orinda,

2.37%, approximately $1,400
The remaining, net amount of approximately $314,000 (for FY 2022-23) would be remitted to the City to fund budgeted local program costs. The City records the receipt and use of these funds in the Stormwater Fund #514. The primary use of these funds is for a portion of staff labor costs (public works engineering and maintenance) related to the City’s drainage programs. This staff work generally consists of administering the NPDES program work, participating in meetings and CCCWP activities, preparing the annual report, responding to regulatory and other inquiries (State Water Board, County Grand Jury, etc.), drainage plan review, managing storm drain pipes and related assets and their repair plans, implementing Best Management Practices (e.g. street sweeping, cleaning catch basins) and ongoing field maintenance work related to drainage.

For the upcoming subject fiscal year (2023-2024), the City’s share of the CCCWP budget is indirectly going up: the pro-rated share at 1.68% of the draft CCCWP budget of $4.2 million amounts to approximately $70,500; however, as noted above, in order to fund the additional expected costs of MRP 3.0, CCCWP reserves will be used and therefore the net share contributed by Orinda will be similar to last year at $59,000.

While the SUA funds can be used to fund other stormwater and drainage expenses, the City has generally limited its use for staff labor costs as noted above. This allows a positive Stormwater Fund balance, which varies during the year depending on when the F.6
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3 disbursements of the SUA revenue are received from the County during the year.

Staff estimates that in recent years $500,000 to $750,000 (per year) have been spent on stormwater maintenance, repairs, administration and related NPDES activities, such as implementing GIS for storm drain assets and preparing a Green Infrastructure Plan.

Beginning with the current two year Budget, the expenditures for stormwater activities were aligned with the funding available. With future Budgets and Capital projects, Staff will evaluate the opportunity to utilize fund balance to address needed activities. Since the amount of the assessment revenue is fixed and will not change without voter approval, the focus will be on one-time expenditures. The expenditures to date exclude capital improvement projects that include storm drain pipe rehabilitation or replacements. Other funding sources expended by the City for stormwater activities include Drainage Impact Fees (Fund 210) and General Fund (100).

An example of costs related to NPDES permit requirements that are paid by fund sources other than Stormwater Fund #514 are Green Infrastructure (GI) facilities costs.

The City approved the required GI Plan in 2019, which laid out plans for such facilities over the next 20 years which treat public road stormwater runoff using bioswales or other “green” treatment methods. The City completed the first project listed in the GI Plan in December 2020, the Lavenida Dr. bioswale. This project was performed under the 2020 Paving Project, and included design ($6,500) and construction ($45,000).

Annual operations and maintenance for this one facility are estimated at $2,000. These costs were borne by the project funding (Gas Tax and other road funds). More such facilities are required in the future, and the costs will likely increase.

Annual Setting of Fee
The City Council action requested as part of this report is to levy the assessment for the upcoming fiscal year at the ERU rate specified in the subject proposed Resolution.

The maximum annual SUA fee for the City of Orinda was reached in FY 2002-2003, as approved by Resolution No. 19-02 on April 2, 2002, at a rate of $35.00 per equivalent runoff unit (ERU). One ERU is equal to a single-family residence with a lot size of under 20,000 square feet; the per-parcel fee for larger lot sizes is calculated in multiples of the ERU. An attorney for Contra Costa County has made the determination that the levy of the SUA is exempt from voting requirements of Proposition 218 as long as the ERU rate remains at or below the maximum of $35.00 established by each City in 1993.

The following is the history of the amount levied for this fee since 1993 including the proposal for next year:

Time Period Amount Levied / ERU
July 1, 1993 – June 30, 1998
Fiscal Years 1993/94 - 1997/98
$23.00
July 1, 1998 – June 30, 1999
Fiscal Year 1998/99
$25.00
July 1, 1999 – June 30, 2002
Fiscal Years 1999/00 - 2001/02
$30.00
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July 1, 2002 – June 30, 2023
Fiscal Years 2002/03 – 2022/23
$35.00
PROPOSED FY 2023/2024
July 1, 2023 – June 30, 2024
$35.00
The costs to comply with the NPDES permits have increased since 2002 (when the SUA was last raised). Drainage Impact Fees and General Fund have been utilized to cover any shortfalls. Furthermore, NPDES permit requirements have increased over time and the compliance costs have likewise increased. These requirements are essentially unfunded mandates that impact the City finances.

NEXT STEPS:

Three certified copies of the subject Resolution will be submitted to the Contra Costa County Flood Control and Water Conservation District, who administers the SUA. They have requested the copies be submitted no later than April 3, 2023.

FISCAL IMPACT:

The adoption of the subject Resolution will result in charges to Orinda property owners in the aggregate amount of approximately $389,000 to pay for the costs as described above. The City’s share of the CCCWP budget, assessor fees, administrative fees, and inspection fees, as described above, amount to an estimated $76,000 for upcoming fiscal year, which is paid for by these funds. The net distributions after these charges, would be deposited to Stormwater Fund #514.

ATTACHMENTS:

A. Resolution 16-23 NPDES SUA Reso FY 23-24
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:

Establishing the Rate per
Equivalent Runoff Unit (ERU) for
Fiscal Year 2023/2024 and
requesting the Contra Costa
County Flood Control and Water
Conservation District to Adopt an
Annual Parcel Assessment for
Drainage Maintenance and the
National Pollutant Discharge
Elimination System (NPDES)
Program
)
) Resolution No. 16-23
)
)
)
)
)
)
)
)
WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of Stormwater require a permit from the appropriate California regional water quality control board, under the National Pollutant Discharge Elimination System (NPDES) program; and
WHEREAS, the City of Orinda, as a member of the Contra Costa County Clean Water Program, did apply for, and did receive, a NPDES permit which requires implementing and operating various programs and activities, including selected Best Management Practices (BMPs) to minimize or eliminate pollutants from entering storm waters; and
WHEREAS, it is the intent of the City of Orinda to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and
WHEREAS, at the request of the City of Orinda, the Contra Costa County Flood Control and Water Conservation District ("District") has completed the process as required in order to form an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment Agreement between the City of Orinda and the District requires that the City of Orinda annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year.

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Attachment: Resolution 16-23 NPDES SUA Reso FY 23-24 (3042 : Stormwater Utility Assessment Fee FY 23-24) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby determine that the rate to be assigned to a single ERU for FY 2023-2024 shall be set at $35.00.

BE IT FURTHER RESOLVED that the City of Orinda does hereby request the District to adopt SUA levies based on said amount.

ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on March 21, 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 16-23 NPDES SUA Reso FY 23-24 (3042 : Stormwater Utility Assessment Fee FY 23-24) City Council
Staff Report
Agenda Item: F.7
Date: March 21, 2023
Department: Human Resources
AGENDA TITLE: Revision of the Adopted Job Classification Specifications for the Recreation Leader and Recreation Program Specialist
RECOMMENDATION:

Staff recommends the City Council adopt Resolution 23-23 modifying the Recreation Leader and Recreation Program Specialist job classification specification.

BACKGROUND:

On October 30, 2018, the City Council adopted Resolution No. 74-18 creating new job classifications for positions identified as part-time, temporary, seasonal or project based.

The most common use of temporary staffing is in the Parks and Recreation Department where seasonal programs commonly use part-time temporary staff. Two levels of the recreation assistant position were created which typically are filled by high school or college age students.

The Recreation Leader is the entry level position which assists in organizing and conducting recreation activities for summer and youth programs. The Recreation Program Specialist is the senior level position which requires at least one year experience leading recreation and student programs. The Recreation Program Specialist is involved in planning program activities and takes a lead role in day-to-day operations, working closely with the full time Recreation Coordinator and Recreation Supervisor.

DISCUSSION:

As the Parks and Recreation Department begins recruiting for the 2023 Summer Camps program, staff reviewed the classification specifications for the Recreation Leader and Recreation Program Specialist position and is recommending some clean-up language to better describe job duties and responsibilities associated with the two positions. In addition, staff proposes an adjustment to the minimum requirements for these positions.

The Recreation Leader would require enrollment or graduation from high school. Students at any level of high school enrollment would be eligible to fill these positions. The Recreation Program Specialist, which currently requires a high school diploma, would require completion of eleventh (11th) grade or graduation from high school. These changes are being recommended due to the decreased labor market for these positions causing recruitment of part-time and seasonal positions to be more challenging.

The two job classification descriptions are attached as Attachment B and C and include both the proposed draft updates and redline version to track changes.

SUMMARY/NEXT STEPS:

Once adopted, the updated job classification specifications will be posted on the City’s F.7
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website and Parks and Recreation current recruitment efforts will be updated to reflect the updated minimum job requirements.

FISCAL IMPACT:

The recommended changes are to update the classification specifications only, and no change to wages are being proposed. Therefore, no fiscal impacts are associated with this agenda item.

ATTACHMENTS:

A. Resolution 23-23 Modification to Recreation Temp Classifications B. Recreation Leader Classification-Proposed and Redline C. Recreation Program Specialist-Proposed and Redline
Respectfully Submitted by:

Ginger Staton
Human Resources Manager
Prepared By: Ginger Staton, Human Resources Manager
Approved by:

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

Approval of Modifications to the
Recreation Leader and Recreation
Program Specialist Classification
Specifications
)
)
)
)
RESOLUTION NO. 23--23
_______________________ )
WHEREAS, in October 2018, the temporary and seasonal classification specification for Recreation Leader and Recreation Program Specialist was created to assist in organizing and conducting recreation activities for summer and youth programs; and
WHEREAS, upon review the two job classification specifications were identified as needing updates to the duties and minimum qualifications; and WHEREAS, the Recreation Leader and Recreation Program Specialist classifications were modified to better describe important duties and minimum qualifications in anticipation of recruitment for the summer camp season; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby approve the modifications to the Recreation Leader and Recreation Program Specialist classification specification.

Adopted by the City Council of the City of Orinda at a regular meeting on March 21, 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________
Inga Miller, Mayor
ATTEST:
____________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 23-23 Modification to Recreation Temp Classifications (3056 : Job Classification Updates) CITY OF ORINDA *** DRAFT REVISED 3-21-23 ***
Recreation Leader
(Temporary / Seasonal)

DEFINITION
Under the supervision and direction of the Recreation Coordinator and Recreation Supervisor, assists in organizing and conducting recreation activities for summer and youth programs. This is a temporary position and hours will vary depending on programs and events.

EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES
Supervise, teach, demonstrate, and officiate activities with children in compliance with safety and sport / game / activity rules.

Provide encouragement, feedback, and counseling regarding participation.

Assist with daily operations for youth camps and programs.

Set up all necessary equipment and furniture such as tables, chairs, A/V equipment, sports, and craft equipment for indoor and/or outdoor activities.

I Interact and foster positive rapport with parents and guardians.

Assist in maintaining attendance and activity records.

Monitor and maintain equipment and supplies including inventory reports and equipment inspection.

Participate and communicate with supervisory personnel and offer recommendations on program activities.

Expand knowledge and skills by participating in staff meetings, trainings, and other development opportunities.

May perform clean up duties as needed, including but not limited to move and arrange furniture and equipment, restroom cleaning, sweeping and mopping, and garbage pick-up and removal.

Perform related duties and responsibilities as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge, Skills and Abilities to:

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Attachment: Recreation Leader Classification-Proposed and Redline (3056 : Job Classification Updates) Ability to lead participants, communicate activity objectives and rules clearly and effectively.

Provide information and direction to a wide variety of age groups.

Conduct games and activities following established rules, guidelines and within time limits.

Learn, retain, and use safety rules and regulations.

Understand and follow oral and written instructions.

Communicate clearly and concisely, both orally and in writing.

Pay attention to detail and use good judgement.

Deals with the public in a tactful, effective, and courteous manner.

Provide verbal and summarized written feedback on activities.

Set up and use necessary equipment and supplies.

Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.

Minimum Qualifications:

Education:

Enrolled in or graduated from high school.

License or Certificate:

Prior to work with children, must be trained in CPR, first aid and in the role of Mandated Reporter (opportunities for training provided through employment). Training in daily operations is provided.

Special Requirements:

Essential duties require the following physical skills and work environment:

Must be willing to work a scheduled variety of hours, which may include evenings, and/or weekends, as needed; ability to pass a comprehensive background check and may serve as a mandated reporter.

Sufficient personal mobility and physical reflexes to enable the employee to safely lift, move, climb, walk safely on even or uneven grounds, or maneuver in whatever way may be necessary to successfully perform the duties of their position; ability to travel to different sites and locations.

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Attachment: Recreation Leader Classification-Proposed and Redline (3056 : Job Classification Updates) CITY OF ORINDA Effective Date: October 30, 2018
Recreation Leader
(Temporary / Seasonal)

DEFINITION
Under the supervision and direction of the Recreation Coordinator and Recreation Supervisor, assists in organizing and conducting recreation activities for summer and after school youth programs. This is a temporary position and hours will vary depending on programs and events.

EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES
LeadSupervise, teach, demonstrate, and officiate activities with children in compliance with safety and sport / game / activity rules. such as group games, sports, and arts and crafts.

Provide encouragement, feedback, and counseling regarding participation.

Assist with daily operations for youth camps and programs including developing, promoting and implementing programs.

Set up all necessary equipment and furniture such as tables, chairs, A/V equipment, sports, and craft equipment for indoor and/or outdoor activities.

Supervise andI interact Interact and foster positive rapport with with participants and parents and guardians.

Supervise, model and monitor compliance with safety and sport / game / facility rules.

Assist in maintaining attendance and activity records.

Assist in mMonitoring and maintaining equipment and supplies including inventory reports and equipment inspection.

Issue equipment and supplies and collect for storage.

Provide information and direction on activities.

Participate and communicate with supervisory personnel in staff meetings and training sessions and make offer recommendations on program activities.

Expand knowledge and skills by participating in staff meetings, trainings, and other development opportunities.

May perform clean up duties as needed, including but not limited to move and arrange furniture and equipment, restroom cleaning, sweeping and mopping, and garbage pick-up F.7.b
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Attachment: Recreation Leader Classification-Proposed and Redline (3056 : Job Classification Updates) and removal.

Perform related duties and responsibilities as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge, Skills and Abilities to:

Ability to lead participants, communicate activity objectives and rules clearly and effectively.

Provide information and direction to a wide variety of age groups.

Conduct games and activities following established rules, guidelines and within time limits.

Learn, retain, and use safety rules and regulations.

Understand and follow oral and written instructions.

Communicate clearly and concisely, both orally and in writing.

Pay attention to detail and use good judgement.

Principles and practices used in dealing Deals with the public in an tactful, effectiveeffective, and courteous manner.

Provide verbal and summarized written feedback on activities.

Set up and use necessary equipment and supplies.

Deal tactfully and effectively with the members of the community.

Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.

Minimum Qualifications:

Education/Training:

Enrolled in or graduated from high school.

Must be trained in CPRfirst aid (opportunities for training provided through employment).

Training in daily operations is provided.

License or Certificate:

Prior to work with children, must be trained in CPR, first aid and in the role of Mandated F.7.b
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Attachment: Recreation Leader Classification-Proposed and Redline (3056 : Job Classification Updates) Reporter (opportunities for training provided through employment). Training in daily operations is provided.

Possession of a valid California Driver's license is desirable.

Special Requirements:

Essential duties require the following physical skills and work environment:

Must be willing to work a scheduled variety of hours, which may include evenings, and/or weekends, as needed; ability to pass a comprehensive background check and may serve as a mandated reporter.

Sufficient personal mobility and physical reflexes to enable the employee to safely lift, move, climb, walk safely on even or uneven grounds, or maneuver in whatever way may be necessary to successfully perform the duties of their position; ability to travel to different sites and locations.

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Attachment: Recreation Leader Classification-Proposed and Redline (3056 : Job Classification Updates) CITY OF ORINDA *** DRAFT REVISED 3-21-23 ***
Recreation Program Specialist
(Temporary/Seasonal)

DEFINITION
Under the supervision of the Recreation Coordinator and Recreation Supervisor, assists in planning, organizing, and conducting recreation activities. This is the experienced, senior level temporary position and hours will vary depending on responsibilities and seasonal programs.

EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES
Supervise, teach, demonstrate, and officiate activities with children in compliance with safety and sport / game / activity rules.

Provide encouragement, guidance, and direction to Recreation Leaders on planned activities and offer counseling, support and feedback.

Responsible for conducting daily operations including developing, implementing, and leading programs.

Act as liaison between parents or guardians and programs.

Set up all necessary equipment and furniture such as tables, chairs, A/V equipment, sports and craft equipment for indoor and/or outdoor activities.

Maintain attendance and activity records.

Monitor and maintain equipment and supplies including inventory reports and equipment inspection.

Participate and communicate with supervisory personnel and offer recommendations on program activities.

May perform clean up duties as needed, including but not limited to move and arrange furniture and equipment, restroom cleaning, sweeping and mopping, and garbage pick-up and removal.

Perform related duties and responsibilities as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge, Skills and Abilities to:

Ability to lead subordinate leaders, participants, communicate activity objectives and rules clearly and effectively.

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Attachment: Recreation Program Specialist-Proposed and Redline (3056 : Job Classification Updates) Provide information and direction to a wide variety of age groups.

Conduct games and activities following established rules, guidelines and within time limits.

Learn, retain and use safety rules and regulations.

Understand and follow oral and written instructions.

Communicate clearly and concisely, both orally and in writing.

Pay attention to detail and use good judgement.

Deals with the public in a tactful, effective, and courteous manner.

Provide verbal and summarized written feedback on activities.

Set up and use necessary equipment and supplies.

Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.

Minimum Qualifications:

Education:

Must have completed at least eleventh (11th) grade or graduated from high school.

Experience:

One year experience leading recreation and student programs. The Recreation Program Specialist position requires responsibility, leadership, and integrity. Reliable to get to shifts and/or activities as scheduled and coordinate with staff.

License or Certificate:

Prior to work with children, must be trained in CPR, first aid and in the role of Mandated Reporter (opportunities for training provided through employment). Training in daily operations is provided.

Possession of a valid California Driver's license with a demonstrated history of safe driving is desirable.

Special Requirements:

Essential duties require the following physical skills and work environment:

Must be willing to work a scheduled variety of hours, which may include evenings, and/or weekends, as needed; ability to pass a background check and may serve as a mandated reporter.

Sufficient personal mobility and physical reflexes to enable the employee to safely lift, move, climb, walk or run safely on even or uneven grounds, or maneuver in whatever way may be necessary to successfully perform the duties of their position.

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Attachment: Recreation Program Specialist-Proposed and Redline (3056 : Job Classification Updates) CITY OF ORINDA Effective Date: October 30, 2018
Recreation Program Specialist
(Temporary/Seasonal)

DEFINITION
Under the supervision of the Recreation Coordinator and Recreation Supervisor, assists in planning, organizingorganizing, and conducting recreation activities. This is the experienced, senior level temporary position and hours will vary depending on responsibilities and seasonal programs.

EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES
LeadSupervise, teach, demonstrate and officiate activities with children in compliance with safety and sport / game / activity rules.such as group games, sports, and arts and crafts.

Provide encouragement, guidance and direction to Recreation Leaders on planned activities and offer counseling, support and feedback. planned and provide needed guidance and training.

Responsible for conducting Assist with daily operations including developing, promoting and implementing, and leading programs.

Act as liaison between parents or guardians and programs.

Set up all necessary equipment and furniture such as tables, chairs, A/V equipment, sports and craft equipment for indoor and/or outdoor activities.

Supervise and interact with participants and parents.

Supervise, model and monitor compliance with safety and sport / game / facility rules.

Provide encouragement, feedback and counseling regarding participation.

Assist in mMaintaining attendance and activity records.

Assist in monitoring Monitor and maintaining equipment and supplies including inventory reports and equipment inspection..

Issue equipment and supplies and collect for storage.

Provide information and direction on activities.

Participate and communicate with supervisory personnel in staff meetings and training sessions and offer make recommendations on program activities.

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Attachment: Recreation Program Specialist-Proposed and Redline (3056 : Job Classification Updates) May perform clean up duties as needed, including but not limited to move and arrange furniture and equipment, restroom cleaning, sweeping and mopping, and garbage pick-up and removal.

Perform related duties and responsibilities as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge, Skills and Abilities to:

Ability to lead subordinate leaders, participants, communicate activity objectives and rules clearly and effectively.

Provide information and direction to a wide variety of age groups.

Conduct games and activities following established rules, guidelines and within time limits.

Learn, retain and use safety rules and regulations.

Understand and follow oral and written instructions.

Communicate clearly and concisely, both orally and in writing.

Pay attention to detail and use good judgement.

Principles and practices used in dealing Deals with the public in an tactful, effective, and courteous manner.

Provide verbal and summarized written feedback on activities.

Set up and use necessary equipment and supplies.

Deal tactfully and effectively with the members of the community.

Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.

Minimum Qualifications:

Education:

Equivalent to a high school diploma.Must have completed at least eleventh (11th) grade or graduated from high school.

Experience:

One year experience leading recreation and student programs. The Recreation Program Specialist position requires responsibility, leadership, and integrity. Reliable to get to shifts and/or activities as scheduled and coordinate with staff.

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Attachment: Recreation Program Specialist-Proposed and Redline (3056 : Job Classification Updates) License or Certificate:

Prior to work with children, mMust be trained in CPR, first aid and in the role of Mandated Reporter (opportunities for training provided through employment). Training in daily operations is provided.

Possession of a valid California Driver's license with a demonstrated history of safe driving is desirable.

Special Requirements:

Essential duties require the following physical skills and work environment:

Must be willing to work a scheduled variety of hours, which may include evenings, and/or weekends, as needed; ability to pass a background check and may serve as a mandated reporter.

Sufficient personal mobility and physical reflexes to enable the employee to safely lift, move, climb, walk or run safely on even or uneven grounds, or maneuver in whatever way may be necessary to successfully perform the duties of their position.

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Attachment: Recreation Program Specialist-Proposed and Redline (3056 : Job Classification Updates) City Council
Staff Report
Agenda Item: G.1
Date: March 21, 2023
Department: Planning Department
AGENDA TITLE: Introduce Ordinance 23-02 Amending Chapter 17.17 of the Orinda Municipal Code and Adopting the State Model Water Efficient Landscape Ordinance ("MWELO") by Reference
RECOMMENDATION:

Introduce Ordinance 23-02, waiving full reading, which includes a determination that it is exempt from the California Environmental Quality Act (CEQA).

BACKGROUND:

Staff suggests a number of minor changes that need to be made to Chapter 17.17 – Landscaping of the Municipal Code (Zoning Ordinance). These changes will bring the code into compliance with new State Law requirements for water efficient landscaping.

The precise text amendment is shown in the Draft Ordinance (Attachment A).

The Planning Commission, after holding a Public Hearing, approved Resolution 23-02 recommending that the City Council Adopt the proposed amendments to Chapter 17.17 of the municipal code (Attachment B). On February 7, the City Council considered the proposed ordinance and opted to continue the item to a date uncertain because of concerns regarding the potential for conflicts between MWELO and the recentlyadopted Fire District Defensible Space Ordinance, which also regulates vegetation (see Attachment F for the relevant Council minutes). The City Council on February 7th also referred a discussion of the two ordinances to the joint MOFD/City 2 X 2 Committee.

That meeting has not yet taken place due to scheduling issues and will take place in the future.

In the meantime, staff has had several meetings with MOFD staff regarding the two ordinances, and has determined there are no conflicts and that there are opportunities to help the public to understand how to navigate the interplay between the two goals of saving water and ensuring a fire safe community. These implementation focused considerations can be effectively addressed through coordination with MOFD with the 2 X 2 being the next step in doing so.

In the meantime, the City is required to come into compliance with the State’s requirements and adoption of the WELO ordinance by the City will aide in our complying with SB1383 and will assist our regional waste/recycling Joint Power Authority RecycleSmart to be able to complete the reporting requirements imposed by SB1383 in a more timely manner.

DISCUSSION:

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The State of California passed SB1383, the Short-Lived Climate Pollutants Reduction Act, which took effect January 1, 2022. The bill included a requirement to have municipalities either adopt a local Water Efficient Landscape Ordinance (WELO) of their own or adopt the State’s Model Ordinance to be implemented locally.

The WELO requirements apply to:
1) New Construction Project with a landscape area greater than 500 square feet that requires a building permit, landscape permit, plan check or design review. 2) Rehabilitated landscape projects with a landscape area greater than 2,500 square feet that requires a building permit, landscape permit, plan check, or design review.
3) Existing landscapes installed prior to December 2015, that are greater than 1 acre in size:
a. If the area has a water meter, the City review will be at a minimum irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes.
b. If the area does not have a water meter, the City review will be at a minimum irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. 4) Cemeteries:
a. New Cemeteries – A new cemetery would be required to supply a Water Efficient Landscape Worksheet, maintain a landscape and irrigation maintenance schedule, and provide an Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
b. Existing Cemeteries
i. If the area has a water meter, the City review will be at a minimum irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes.
ii. If the area does not have a water meter, the City review will be at a minimum irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

The primary components of the requirements for WELO contained in the statues include:
1) Limit turf area in residential areas to 25% and disallows turf in non-residential areas
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2) Does not allow turf to be planted on slopes greater than 1 foot of elevation change for 4 feet of length
3) Prohibits turf in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub-surface irrigation or by other technology that creates no overspray or runoff
4) For residential areas, requires climate adapted plants that require occasional, little or no summer water to be installed for 75% of the plant area excluding edibles and areas using recycled water
5) For non-residential areas, requires climate adapted plants that require occasional, little or no summer water for 100% of the plant area excluding edibles and areas using recycled water
6) Requires a minimum of a three-inch layer of mulch to be applied on all exposed soil surfaces of planting areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated
7) Requires automatic irrigation controllers that use evapotranspiration or soil moisture sensor data and utilize a rain sensor
8) Requires pressure regulators to be installed on the irrigation system 9) Manual shut-off valves be installed as close as possible to the point of connection of the water supply
10)Requires all irrigation emission devices to meet the requirements set in the ANSI standard, ASABE/ICC 802-2014. “Landscape Irrigation Sprinkler and Emitter Standard,” requiring all sprinkler heads installed to be document that they have a distribution uniformity low quarter of 0.65 or higher.
11)Require areas less than ten feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. 12)Require that compost be incorporated at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contraindicated by a soil test). 13)For non-residential projects with landscape areas of 1,000 sq. ft. or more, a private submeter(s) to measure landscape water use shall be installed.

Staff is recommending that the City adopt the State’s Model Ordinance (weblink at Attachment C) by reference and proposes adding Section 17.17.4 (Water Efficient Landscape Requirements) to Municipal Code Chapter 17.17 (Landscaping) to refer to G.1
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the MWELO (with the addition of the definitions noted below). Furthermore, the City has developed a Checklist and a Compliance Form (Attachments D and E) that correspond to the State’s requirements and that will be used in Orinda to document water efficient landscape compliance. Staff has added definitions for terms that are not clearly defined by the State statues to Chapter 17.17. The definitions that have been added are:

Microspray: a microirrigation emission device with one or more orifices to convert irrigation water pressure to water discharge with a flow rate not to exceed thirty gallons per hour at the largest area of coverage available for the nozzle series when operated at thirty psi. Microsprays are inclusive of microbubbers, microspinners, and microspray jets.

No-water using plant: a plant species with water needs that are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established.

Swimming pool: any structure intended for swimming, recreational bathing or wading that contains water over twenty-four inches deep. This includes inground, above ground, and on-ground pools; hot tubs; spa and fixed in place wading pools.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Draft Ordinance 23-02 MWELO Amendment to Municipal Code B. Planning Commission Resolution 23-02 Recommending Council Adoption of WELO C. State of California Model Water Efficient Landscape Ordinance (weblink) D. Draft MWELO Checklist
E. Draft MWELO Compliance Form
F. Excerpt of February 7, 2023 City Council Minutes re MWELO Respectfully Submitted by:

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

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1 BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
Ordinance 23-02
Whereas, to conserve water, State law requires local jurisdictions to enforce requirements consistent with the California Model Water Efficient Landscape Ordinance (Chapter 2.7 of Division 2, Title 23, of the California Code of Regulations, Sections 490 and following) (MWELO);
Whereas, the City has been implementing the State’s MWELO requirements, but limited staff time and resources have precluded formal City adoption of a MWELO until now; Whereas, the purpose of a water efficient landscape ordinance is to promote the conservation and efficient use of water and to prevent the waste of this valuable resource, while recognizing the values and benefits of landscaping; Whereas, adoption of the State MWELO by reference in the City’s Zoning Code will help ensure that the City remains in compliance with State regulations, as they may be amended from time to time;
Whereas, on January 24, 2023, the Planning Commission held a duly noticed public hearing and adopted Resolution No. 23-01 recommending that the City Council approve this ordinance; and
Whereas, on February 7, 2023, the City Council considered the draft MWELO Ordinance (23-02) and after some discussion, continued the item to a future hearing; Whereas, the City Council of the City of Orinda has determined it is appropriate to make certain modifications to Chapter 17.17 (Landscaping) of the Zoning Code.

Now therefore, the City Council DOES ORDAIN as follows:

SECTION 1.

Chapter 17.17 (Landscaping) is amended to add Section 17.17.4 (Water Efficient Landscape Requirements) as shown in Attachment A.

SECTION 2.

This ordinance is consistent with the Orinda General Plan.

In the Matter of: An Ordinance Updating
Chapter 17.17 (Landscaping) of the Orinda
Municipal Code to Amend Section 17.17.1
(Landscaping Plans Required) and Add Section

17.17.4 (Water Efficient Landscape
Requirements).

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Attachment: Draft Ordinance 23-02 MWELO Amendment to Municipal Code (3060 : Water Efficient Landscape Ordinance Amending Chapter 2 SECTION 3.

The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (Title 14 of the California Code of Regulations) Sections 15305 (Minor Alterations in Land Use Limitations), 15060(c)(1) (the activity does not involve the exercise of discretionary powers), 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change in the environment, directly or indirectly. Further, this action is exempt from CEQA under CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment).

SECTION 4.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

SECTION 5.

The City Clerk shall either (a) have this ordinance published once within fifteen (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 five (5) days before its adoption and again within fifteen (15) days after adoption.

This ordinance becomes effective 30 days after adoption.

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Attachment: Draft Ordinance 23-02 MWELO Amendment to Municipal Code (3060 : Water Efficient Landscape Ordinance Amending Chapter 3 Following a duly-noticed public hearing, the foregoing ordinance was introduced at a meeting of the City Council of the City of Orinda held on March 21, 2023 and was adopted and ordered published at a regular meeting held on _____ by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
_____________________________
Mayor
ATTEST:

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Attachment: Draft Ordinance 23-02 MWELO Amendment to Municipal Code (3060 : Water Efficient Landscape Ordinance Amending Chapter 4 ATTACHMENT A:

Municipal Code Chapter 17.17 (Landscaping) is amended by amending Section 17.17.1 and adding Section 17.17.4 (Water Efficient Landscaping Requirements) as follows:

17.17.1 – Landscaping Plans Required
Each application for construction of a new residential or commercial structure must include a landscape plan and/or compliance with the model water efficiency landscape ordinance (MWELO) as described in this chapter. Each application for an addition or a remodel of a residential or commercial structure must include a landscape plan as described in this chapter, when the proposed addition or remodel will have a significant effect on existing landscaping. In addition, as a condition of approval of any permit or design review required under this title, a landscaping plan may be required. In all cases, riparian landscape restoration shall be required if the subject property includes or is bordered by a watercourse as defined in Title 18 of this code. No fence may be constructed in the front yard or a side yard with street frontage without landscape plan approval when landscaping is required under Subsection 17.4.27(B)(1) of this title.

17.17.4 – Water Efficient Landscape Requirements
A. The water-efficient landscape ordinance of the City of Orinda is the State of California Model Water-Efficient Landscape Ordinance adopted by the California Department of Water Resources and set forth in Chapter 2.7 of Division 2, Title 23, of the California Code of Regulations, Sections 490 and following, including all appendices (the “MWELO”), as that MWELO may be amended from time to time, together with the definitions added below.

B. The following definitions are added to those contained in MWELO Section 491 (Definitions).

1. “Microspray” means a microirrigation emission device with one or more orifices to convert irrigation water pressure to water discharge with a flow rate not to exceed thirty gallons per hour at the largest area of coverage available for the nozzle series when operated at thirty psi. Microsprays are inclusive of microbubbers, microspinners, and microspray jets.

2. “No-water using plant” means a plant species with water needs that are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established.

3. “Swimming pool” means any structure intended for swimming, recreational bathing or wading that contains water over twenty-four inches deep. This includes in-ground, above ground, and on-ground pools; hot tubs; spa and fixed in place wading pools.

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Attachment: Draft Ordinance 23-02 MWELO Amendment to Municipal Code (3060 : Water Efficient Landscape Ordinance Amending Chapter 5 1602386.1
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Attachment: Draft Ordinance 23-02 MWELO Amendment to Municipal Code (3060 : Water Efficient Landscape Ordinance Amending Chapter G.1.b
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Attachment: Planning Commission Resolution 23-02 Recommending Council Adoption of WELO (3060 : Water Efficient Landscape Ordinance G.1.b
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Attachment: Planning Commission Resolution 23-02 Recommending Council Adoption of WELO (3060 : Water Efficient Landscape Ordinance Landscape Water Efficiency Checklist: 01/2023 Page 1 of 3

CITY OF ORINDA
Landscape Water Efficiency Checklist
22 Orinda Way, Orinda, CA 94563
(925)253-4210  [email protected]
This checklist implements the requirements of Orinda Municipal Code Section 17.17.4, Appendix D: Prescriptive Compliance Option. The responses provided will be evaluated to determine whether the proposed landscape is generally consistent with the water-efficiency goals of Section 17.17.4.

PROPERTY
Address:

Assessor’s Parcel Number:

PROPERTY OWNER(S)
Name:

Mailing Address:

Phone:

Email:

APPLICANT(S) (If not the property owner)
Name:

Mailing Address:

Phone:

Email:

PROJECT INFORMATION
Project Type:  New  Rehabilitated  Private  Public
 Cemetery  Homeowner installed
Water Supply Type:  Potable  Recycled  Well
Local Retail Water Purveyor:

Total Landscape Area: square-feet
Turf Area: square-feet
Landscape Area: All the planting areas, turf areas, and water features in a landscape installation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non- irrigated areas designated for nondevelopment (e.g., open spaces and existing wildland vegetation).

NOTE: If landscape area exceeds 2,500 sq. ft., a landscape and irrigation design plan (and supporting documents) shall be required. If no landscaping is proposed, enter “0” for “Total Landscape Area,” and proceed directly to Certification below.

Turf: A ground cover surface consisting of non-native grass species that is customarily mowed. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are examples of cool-season turf grasses. Bermuda grass, kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and buffalo grass are warm-season turf grasses.

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Attachment: Draft MWELO Checklist (3060 : Water Efficient Landscape Ordinance Amending Chapter 17.17 of the Orinda Municipal Code) Landscape Water Efficiency Checklist: 01/2023 Page 2 of 3

CHECKLIST
Complete the checklist for staff to determine project compliance. If the response is “No” to any of the requirements, provide an explanation on a separate sheet. Definitions for certain terms are provided on the next page.

Landscape
Parameter Requirements Project Compliance
Turf
For residential areas, turf shall not exceed 25% of the landscape area in residential areas, and there shall be no turf in non-residential areas.  Yes  No Turf shall not be planted on sloped areas which exceed a slope of 1-foot vertical elevation change for every 4 feet of horizontal length.  Yes  No Turf is prohibited in parkways less than 10 feet wide unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub-surface irrigation or by other technology that creates no overspray or runoff.
 Yes  No
Plant Material
For residential areas, climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) shall be installed for 75% of the plant area excluding edibles and areas using recycled water.

For non- residential areas, climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) shall be installed for 100% of the plant area excluding edibles and areas using recycled water.
 Yes  No
A minimum three-inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
 Yes  No
Irrigation
System
Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor.

Irrigation controllers must not lose programming data in the event the primary power source is interrupted.
 Yes  No
Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range.
 Yes  No
Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.
 Yes  No
All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014. “Landscape Irrigation Sprinkler and Emitter Standard,” all sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
 Yes  No
Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.  Yes  No Soil
Compost shall be incorporated at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra-indicated by a soil test).
 Yes  No
Water Use For non-residential projects with landscape areas of 1,000 sq. ft. or more, a private submeter(s) to measure landscape water use shall be installed.  Yes  No G.1.d
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Attachment: Draft MWELO Checklist (3060 : Water Efficient Landscape Ordinance Amending Chapter 17.17 of the Orinda Municipal Code) Landscape Water Efficiency Checklist: 01/2023 Page 3 of 3

CERTIFICATION
I am aware of available informational resources regarding native and low water use plants, irrigation efficiency, and other aspects of water-efficient landscaping. I certify that the information provided in this checklist is correct, and I understand that any changes to the provide will require completion of a new checklist. I agree to comply with the requirements of the prescriptive compliance option of the Model Water Efficient Landscape Ordinance (MWELO).

Signature: Date:

Select Definitions
Automatic irrigation controller: a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data Local water purveyor: any entity, including a public agency, city, county, or private water company that provides retail water service
Low water use plant: a plant species whose water needs are compatible with local climate and soil conditions.

Species classified as "very low water use" and "low water use" by Water Use Classification of Landscape Species (WUCOLS), having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants Native plant: a plant indigenous to a specific area of consideration. For the purpose of this division, the term will refer to plants indigenous to the coastal ranges of Central and Northern California, and more specifically to such plants that are suited to the ecology of the present or historic natural community of the project’s vicinity Submeter: a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

WUCOLS: the current version of the Water Use Classification of Landscape Species current edition published by the University of California Cooperative Extension and the Department of Water Resources Clarifying Definitions Pertaining to the State MWELO Requirements Microspray: a microirrigation emission device with one or more orifices to convert irrigation water pressure to water discharge with a flow rate not to exceed thirty gallons per hour at the largest area of coverage available for the nozzle series when operated at thirty psi. Microsprays are inclusive of microbubbers, microspinners, and microspray jets
No-water using plant: a plant species with water needs that are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established
Swimming pool: any structure intended for swimming, recreational bathing or wading that contains water over twenty-four inches deep. This includes in-ground, above ground, and on-ground pools; hot tubs; spa and fixed in place wading pools.

STAFF USE ONLY
The City of Orinda Planning Department has reviewed and approved this Landscape Water Efficiency Checklist.

Name:

Signature: Date:

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Attachment: Draft MWELO Checklist (3060 : Water Efficient Landscape Ordinance Amending Chapter 17.17 of the Orinda Municipal Code) Landscape Compliance Form: 01/2023 Page 1 of 1

CITY OF ORINDA
Landscape Compliance Form
22 Orinda Way, Orinda, CA 94563
(925)253-4210  [email protected]
Orinda Municipal Code Section 17.17.4 requires a licensed landscape architect, licensed landscape contractor, certified irrigation designer, or other licensed or certified professional in a related field to conduct a final project inspection and complete this form before a Certificate of Occupancy or building final is issued. The design professional completing this form certifies that the plants and irrigation systems have been installed as specified and that an irrigation audit has been performed, including any deficiencies.

PROJECT INFORMATION
Permit Number:

Address:

Assessor’s Parcel Number:

LICENSED PROFESSIONAL
I am a:  Licensed Landscape Architect  Licensed Landscape Contractor  Certified Irrigation Designer  Other:

Name:

Mailing Address:

Phone:

Email:

License Number:

License Expiration Date:

CERTIFICATION
I certify that the landscape and irrigations system has been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and permit.

Signature: Date:

STAFF USE ONLY
The City of Orinda Planning Department has reviewed and approved this Landscape Compliance Form.

Name:

Signature: Date:

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Packet Pg. 100 Attachment: Draft MWELO Compliance Form (3060 : Water Efficient Landscape Ordinance Amending Chapter 17.17 of the Orinda Municipal Orinda City Council Minutes Page 4 of 9 02.07.23
Staff recommends that the City Council adopt Resolution No.04-23 Acceptance of Work for the Lavenida Culvert Repair Project No. 4148 with Valentine Corporation and authorize filing a Notice of Completion Mayor Miller said getting the fence and guardrail products in a brown color or a dark color to be less visible is more expensive. It may be something the Council wants to review for future projects.

MOTION by Vice Mayor Gee moved and seconded by Councilmember Riley to approve Consent Calendar Item F.9. Said motion carried by unanimous (5-0) roll call vote.

G. PUBLIC HEARING
G.1. Introduce Ordinance 23-02 Amending Chapter 17.17 of the Orinda Municipal Code and Adopting the State Model Water Efficient Landscape Ordinance ("MWELO") by Reference
Recommendation:

Introduce Ordinance 23-02, waiving full reading, which includes a determination that it is exempt from the California Environmental Quality Act (CEQA).

Mr. Biggs gave the staff report and brief introduction of the item. He said Rick Smeaton, consultant, is available as well City Attorney Osa Wolff to answer questions regarding the ordinance, which is mandated by the State.

Rick Smeaton gave a PowerPoint presentation of the zoning code update of MWELO and recommended the Council introduce the Ordinance which adopts the State’s model ordinance and includes a determination that it is exempt from CEQA.

Vice Mayor Gee asked if the mulching requirement in the ordinance conflicted with the mulching requirement in the Fire Code.

James Duff, Education and Outreach Coordinator, stated in the reading of the ordinance, MOFD’s suggestions for how to mulch would take care of that requirement. He noted some organic mulches would not be allowed in certain areas such as within the zero to 2 feet but there are some resistant-ignition mulches that would be able to fall within that provision. As far as brush goes, he had a question into Chief Winnacker who commented that it is “woody stemmed material with multiple trunks.” Coyote brush is one of the main offenders MOFD is concerned about.

Vice Mayor Gee asked if there should be additional language in this ordinance to make it clearer between the two.

Mr. Biggs added that the Fire District is adopting their defensible space ordinance and taking it out of the current Fire Code. There is language in the State’s model ordinance that they are adopting that does talk about landscape design plans in Section F, which he recited.

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Packet Pg. 101 Attachment: Excerpt of February 7, 2023 City Council Minutes re MWELO (3060 : Water Efficient Landscape Ordinance Amending Chapter 17.17 Orinda City Council Minutes Page 5 of 9 02.07.23
His understanding is that because the City is adopting the State model code, that language is what the Council is adopting, and the local guidelines adopted by the Fire Department would provide that additional guidance. Staff is working with the Fire District to come up with a list of allowed plants because it is not well defined in State law and then rests with the Fire Chief to make the determination.

Mayor Miller said she is concerned and needs to address this because brush is a defined word.

Councilmember Malkani said the overriding concern was whether there should be some conferring with MOFD before the ordinance is adopted about exactly what they are talking about. She read this as noble, given the drought but they are dealing with water shortages, eliminating fuels, and the need to keep root systems in place so they do not have landslides.

Mayor Miller asked if she had questions for staff as to whether it makes sense for both agencies to be looking at the two ordinances together at a joint meeting.

Councilmember Malkani asked if the ordinance changes have been shared with Chief Winnacker for comment or she wondered if they could be shared at a 2x2 meeting, etc.

Mr. Biggs said this is current State law, and sometimes cities end up with conflicting provisions. The Fire Chief is familiar with the State model Fire Code and staff had raised this issue previously in the correspondence from the Council and City about the defensible space ordinance and local Fire Code amendments. While the City can go further than the State law, it cannot go less and he thinks clarification is needed as far as implementation as opposed to the legal framework. Projects must comply with these requirements even though they are not codified in the City’s Municipal Code.

City Attorney Osa Wolff agreed and said the City has been requiring compliance with the State model for years now and what they have not done until now is brought it forward for formal adoption. She is hearing several questions about whether a given applicant will be able to comply with both; the WELO and MOFD’s requirements. Her sense is that to date they have been able to, and she suggested talking with MOFD staff to see whether they foresee any conflicts.

In terms of procedure, tonight is a noticed public hearing. If the Council would like to it could continue tonight’s hearing to a future date certain and no re-noticing would need to be done or, if the Council could introduce the ordinance and ask staff to report back with answers at the second meeting. A third option would be to take no action this evening and re-notice the ordinance for a future date.

Mayor Miller asked and confirmed the Council can continue the introduction of the ordinance given any changes requested.

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Packet Pg. 102 Attachment: Excerpt of February 7, 2023 City Council Minutes re MWELO (3060 : Water Efficient Landscape Ordinance Amending Chapter 17.17 Orinda City Council Minutes Page 6 of 9 02.07.23
Councilmember Malkani asked and confirmed with the City Attorney that any amendments could be made and brought forward once the ordinance is adopted; that there was no public comments or concerns expressed from the public when it was before the Planning Commission, confirmed climate-adapted plans are defined in State law and this is why the City does not define it here, as new development projects come in staff would use a checklist as to what is required for permitting, and the City added a definition for hot tubs and swimming pools.

Councilmember Iverson referred to the title of the short-lived Climate Pollutants Reduction Act and asked what these short term climate pollutants the City is reducing. Mr. Biggs said water conservation is one goal, but also reducing runoff is another.

Councilmember Iverson recommended focusing on the City’s goals of fire safety and drought preparedness. She said staff indicated this does not apply to parks, sports fields, golf courses, and asked what was not in the text so they can understand the applicability.

Lastly, there is a 25% proportion allowed of lawn relative to other landscaping. If a home has a lot of natural non-landscaped space and a small lawn, she asked how they look at those proportions and asked if they can look at natural property as part of the calculation.

Mr. Smeaton said it is just the square footage of the property. Regarding golf courses, common areas, parks, etc. he can research whether there are any limitations on space to be deemed compliant.

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

Councilmember Malkani suggested conferring with MOFD and continue the introduction to the next meeting, although she could also be persuaded to introduce the ordinance tonight.

Ms. Wolff suggested continuing the item to two meetings from now, given noticing requirements and Mayor Miller added they could also check MOFD’s schedule.

Councilmembers suggested not rushing this, gathering more information from MOFD, and voiced support for continuation.

Mayor Miller asked about the 2x2 Committee meeting schedule, and Mr. Biggs said he anticipates the next meeting will be in March. He noted MOFD has their second reading and adoption of their defensible space ordinance next week, and Mayor Miller suggested bringing back the ordinance sometime in April. Discussion then ensued regarding State rules the City must follow, concerns with the timing of the ordinance and re-noticing, and the desire to coordinate with Chief Winnacker and the 2x2 Committee.

Mr. Biggs agreed that he will contact Chief Winnacker to suggest a 2x2 meeting to discuss the City’s ordinance and MOFD’s ordinance.

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Packet Pg. 103 Attachment: Excerpt of February 7, 2023 City Council Minutes re MWELO (3060 : Water Efficient Landscape Ordinance Amending Chapter 17.17 Orinda City Council Minutes Page 7 of 9 02.07.23
MOTION by Councilmember Malkani moved and seconded by Councilmember Iverson to continue the MWELO ordinance for consideration on a future agenda in April to be re-noticed, with the intent that while the Council understands the ordinance will be compliant with State law, they also want it to be as consistent as possible with MOFD’s local ordinances and understand the MWELO ordinance and how it interacts with MOFD’s laws so the City can provide as much clarity to residents as possible. Said motion carried by unanimous (5-0) roll call vote.

H. POLICY MATTERS
F.5. Reaffirming proclamation of the Existence of a Local State of Emergency with Respect to the Continuing 2022-23 Winter Storms Recommendation:

Staff recommends that the City Council adopt Resolution 11-23 City Manager Biggs stated this item reaffirms the proclamation of the existence of a local State of Emergency with respect to the continuing 202-23 winter storms. He asked the Public Works Director to provide an update on the damage to public facilities, noting that the main reason they wish to continue it is because they are still discovering damage from the storms.

Public Works Director Scott Christie then provided an update on assessment of repairs from continued storm damage to public facilities, work with the City’s geotechnical engineer relating to the potential need for a retaining wall, additional damage reported by the public, and said the proclamation would give the City an advantage to move forward with a negotiated contract and not a bidding situation which would take additional time.

Councilmember Riley questioned the location of the retaining wall and asked if it is marked. Mr. Christie said it is not marked, but it is located across from the Country Club by the pull-out area which the City utilizes as a staging area on the right side of the road about 1,000 feet up the hill on Camino Sobrante or before coming to the entrance to the OCC Pool. The current wall is about 100 feet in length of timber wood and concrete columns which are leaning.

Councilmember Riley questioned damage to City buildings, and Mr. Christie stated they are included in the list of qualified damaged facilities, given rooms are made uninhabitable and not safe. They have not included, however, Orinda Oaks Park because it is not an immediate threat and something that could be addressed later under normal Public Contracts Code regulations.

Parks and Recreation Director Todd Trimble confirmed this is the extent of damaged park facilities. There is no long-term damage but he noted the fields will take time to dry out.

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

Mr. Biggs confirmed with the Mayor there is an updated list with the resolution that added Camino Sobrante retaining wall.

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Packet Pg. 104 Attachment: Excerpt of February 7, 2023 City Council Minutes re MWELO (3060 : Water Efficient Landscape Ordinance Amending Chapter 17.17 City Council
Staff Report
Agenda Item: H.1
Date: March 21, 2023
Department: Planning Department
AGENDA TITLE: Resolution of Support of Metropolitan Transportation Commission (MTC) Priority Development Area (PDA) Grant Application re BART Station (Resolution 25-23)
RECOMMENDATION:

Adopt Resolution 25-23 in support of grant application submittal to the MTC for $200,000 for a PDA Grant to work towards a Memorandum of Understanding between the City, BART and Caltrans regarding a path forward for future Transit Oriented Development (TOD) at the BART site, in support of Downtown Precise Plan Policy 2.3.1 and Housing Element Section 5.7.4, for the Downtown Orinda PDA.

BACKGROUND:

In September 2008, the City of Orinda established Downtown Orinda as a PDA. The 155-acre PDA is located includes the following areas of downtown:

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The PDA Program is a voluntary partnership between local governments, the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG). Through the PDA program, local governments identify areas envisioned for future housing and job growth that are served by transit. Bay Area cities have nominated 218 PDAs since 2007.

PDAs facilitate coordinated regional planning for future growth and transportation investment. In addition to shaping the location of anticipated growth and major transit investments, PDAs receive a dedicated share of funding for local planning and for transportation improvements such as complete streets, bikeways, and parking H.1
Packet Pg. 106
programs. This is reflected in Plan Bay Area 2050, the region’s current long-range land use and transportation plan.

In December 2022, MTC released a Call for Projects for PDA Planning Grants open to local governments with one or more PDA. To date, these grants have funded more than 80 plans and a wide range of technical assistance. This round of funding supports three types of planning activities:
• Full Plans that, at a minimum, establish development standards and identify public improvements, informed by community engagement and resulting in an adopted plan, CEQA analysis, and zoning and general plan amendments. (Maximum grant amount: $1,200,000.)
• Plan Amendments that update an adopted plan to reflect changing community priorities, state and regional policies, and economic trends.

Plan amendments typically involve revising part, but not all, of a plan, and result in updates to the zoning code and, if applicable, an EIR and general plan land use designations. (Maximum grant amount: $600,000.) • Plan Implementation: Technical Assistance to develop and adopt policies or programs that facilitate the implementation of an adopted plan for one or multiple PDAs. (Maximum grant amount: $200,000.)
To ensure both local and regional benefits, plans funded through the PDA program must meet minimum requirements but can do so in a way that addresses community priorities. By receiving funding, grant recipients are committing to ensuring that Plans are consistent with any applicable state and regional laws and policies, such as MTC’s Transit-Oriented Communities Policy. MTC and ABAG staff will support City staff in ensuring minimum requirements are met and will offer technical resources and best practices.

On February 15, Orinda filed a PDA grant application based on the third category above (Plan Implementation) because the grant would fund the groundwork for implementation of the Downtown Precise Plan (DPP) Policy 2.3.1 and some work contemplated by the Housing Element, as described below. The grant requires a resolution of support from the local decision-makers, and the deadline for this item is April 15.

DISCUSSION:

The Orinda BART station is somewhat unique within the BART system because it is located on Caltrans right-of-way (ROW). In order to operate a station and provide parking on Caltrans’ land, BART has a Use Agreement with Caltrans and maintains various easements over the land that is used for the station and the two parking lots.

Because the land is owned by Caltrans, the station is not subject to AB 2923, the bill that gives BART land use authority at other stations, including Lafayette’s. The approximately 22-acre Orinda BART station area has some other unique characteristics, including high voltage transmission lines traversing portions of both parking areas, a Caltrans maintenance facility at the far western end of the BART parking lots, and the fact that both the station and the parking areas are in the middle of a freeway.

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Over the years, Transit-Oriented Development at the Orinda BART station, which would include affordable housing, has been suggested by members of the public (both Orinda residents and housing advocates in the region) and by decision-makers, including during the months leading to Council adoption of the 6th Cycle Housing Element on January 31, 2023. In order to give the City Council the flexibility to include the BART site as an Opportunity Site in the 6th Cycle Housing Element, the Plan Orinda EIR analyzed the BART site as an alternative at a full level of detail. In the end, staff did not recommend inclusion of the site as an Opportunity Site based on verbal feedback received by the State Housing and Community Development Department (HCD).

Among other things, HCD was concerned about obtaining approval from Caltrans to do TOD at the BART site, and about BART’s published schedule for TOD planning at the Orinda station. It’s worth noting that Lafayette got similar direction regarding their station, even though it is wholly owned by BART.

City Staff recently confirmed that Caltrans currently would require its “decertification” process at the BART site, including the requirement that the property be sold at a fair market value. This conflicts with BART’s and the Governor Office’s “Excess Lands” approach to affordable housing, which is based on 99-year leases that are either sold for mixed income projects or offered for free to 100% affordable housing builders. The proposed grant would facilitate a conversation between the City, BART and Caltrans with the outcome being a Memorandum of Understanding between the three parties regarding the necessary steps/actions/agreements for TOD to happen at the station.

The grant would also fund a conceptual-level constraints analysis to identify the portions of the site suitable for development given the need to maintain station (and maintenance facility) access and some parking, the prohibition on development under the powerlines, etc.

The proposed grant would implement the following from the DPP and the Housing Element:
• DPP Policy 2.3.1, which states “coordinate with Caltrans and BART for TransitOriented Development (TOD) at the Orinda BART station” in support of a future TOD plan for the station consistent with BART and other applicable TOD standards as part of a City station-area Precise or Specific Plan. • Housing Element Section 5.7.4 explains the reasons that the BART site was not included:

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The work funded by the proposed grant would begin the process of working through these issues, in support of future TOD.

The proposed scope of work includes the following main tasks:
• Task 1 – Prework for Project Commencement
• Task 2—Pre-Kickoff Meeting with Stakeholders
• Task 3 – Prepare and Circulate RFP, Select Consultant Team • Task 4 – Project Start Up
• Task 5 – Review of Existing Site and Legal/Organizational Framework Impacting Potential TOD Development
• Task 6 – Partnership Development, Mapping Out Framework Forward, and MOU The attached grant application includes the full scope of work.

NEXT STEPS:

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If the Council adopts the draft resolution, the signed document will be transmitted to MTC and ABAG for inclusion with the City’s grant application. If the Council opts not to approve the resolution, the grant application will be withdrawn.

FISCAL IMPACT:

The scope of work described in the grant application would be entirely funded by the grant.

ATTACHMENTS:

A. Draft Resolution 25-23 in Support of PDA Planning Grant B. Letter of Support regarding Grant Application from BART C. MTC PDA Grant Application Submittal by City Orinda
Respectfully Submitted by:

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

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Packet Pg. 110
RESOLUTION NO. 25-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA, AUTHORIZING STAFF TO SUBMIT A GRANT APPLICATION FOR “MAPPING A PATH FORWARD FOR AFFORDABLE HOUSING TOD AT THE ORINDA BART STATION” IN THE AMOUNT OF $200,000 IN RESPONSE TO THE METROPOLITAN TRANSPORTATION COMMISSION’S (MTC’S)

PRIORITY DEVELOPMENT AREA (PDA) GRANT CALL FOR PROJECTS WHEREAS, on December 1, 2022 the Metropolitan Transportation Commission (MTC) announced a Call for Projects for Call for Projects for Priority Development Area (PDA) Planning Grants, and informed local jurisdictions of a February 15, 2022 deadline for submittals of Applications, as well as grant requirements including compliance with the Transit Oriented Communities Policy; and
WHEREAS, in 2008 the City of Orinda established the Downtown Orinda PDA; and WHEREAS, the Downtown PDA is the location of multiple Opportunity Sites in the 6 th
Cycle Orinda Housing Element adopted on January 31, 2023; and WHEREAS, Policy 2.3.1 of the Downtown Precise Plan calls for the City to “Coordinate with Caltrans and BART for Transit-Oriented Development (TOD) at the Orinda BART station;” and
WHERAS, 6th Cycle Housing Element Section 5.7.4 lists constraints to potential TOD at the BART station, and the proposed grant would fund a Memorandum of Understanding between the City, BART and Caltrans to address those constraints; WHEREAS, a PDA Planning Grant would fund the work necessary for a Memorandum of Understanding between the City of Orinda, BART, and Caltrans regarding a framework for future TOD at the Orinda BART station within the Downtown Orinda PDA; and WHEREAS, the Orinda BART Station TOD Memorandum of Understanding for Downtown Orinda PDA would lay the groundwork for future TOD planning at the Orinda BART station; and
WHEREAS, on February 22, 2023 BART provided a letter of support to the MTC/ABAG PDA Grant Manager regarding this grant application;
WHEREAS, staff estimate the cost of this effort to be $200,000; now, therefore, be it RESOLVED, that the City Council of the City of Orinda authorizes staff to submit a grant application for the “Mapping a Path Forward for Affordable Housing TOD at the Orinda BART Station” project in response to the Metropolitan Transportation Commission's (MTC's) Call for Projects for PDA Planning Grants in the amount of $200,000.

H.1.a
Packet Pg. 111 Attachment: Draft Resolution 25-23 in Support of PDA Planning Grant (3063 : MTC PDA Grant Application Bart Station Resolution of Support) PASSED AND ADOPTED at a meeting of the City Council of the City of Orinda held on March 21, 2021, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS:
______________________
Inga Miller, Mayor
ATTEST:
____________________________
Sheri Marie Smith, City Clerk
1204696.1
H.1.a
Packet Pg. 112 Attachment: Draft Resolution 25-23 in Support of PDA Planning Grant (3063 : MTC PDA Grant Application Bart Station Resolution of Support)

SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
2150 Webster Street, P.O. Box 12688
Oakland, CA 94604-2688
(510) 464-6000
February 22, 2023
Mr. Mark Shorett
PDA Program Manager
Association of Bay Area Governments
Metropolitan Transportation Commission
375 Beale Street Suite 800
San Francisco, CA 94105
RE: Letter of Support for the City of Orinda – MTC Priority Development Area (PDA) Planning Grants 2022-23 Plan Implementation
Dear Mr. Shorett,
The San Francisco Bay Area Rapid Transit District (BART) would like to extend its support for the city of Orinda’s Priority Development Area application.

BART is interested in helping to advance Transit Oriented Development (TOD) at the Orinda BART station. However, the station has several constraints that need to be considered before commencing a TOD plan, including ownership by Caltrans, BART-held easements and use agreements, station location in the middle of State Route 24, high voltage powerlines traversing the station, and constrained vehicular and bicycle access to and from the main public roadway, Camino Pablo.

This grant will allow the city of Orinda to outline a path forward for TOD at the Orinda BART station. This collaborative undertaking will require the assessment of the underlying constraints. It will include important dialogues with a number of state agencies to identify the most streamlined process feasible for Caltrans to allow TOD on the land they currently own. The overarching goal will be to map out a process for future TOD planning that will allow development consistent with applicable state and federal laws, BART’s TOD Policy, MTC’s Transit-Oriented Communities Policy, and future TOD zoning by the City of Orinda. Orinda proposes to memorialize this path forward in a Memorandum of Understanding between BART, Caltrans and the city.

This plan will offer the city an opportunity to prepare for future TOD improvements that will help meet regional housing obligations. We urge MTC to provide the needed funding to complete the proposed plan, which lays the groundwork for future housing on the Orinda BART station within the Orinda PDA.

Sincerely,
Val Joseph Menotti
Chief Planning & Development Officer
BART Planning & Development
cc: Kamala Parks, BART Station Planner
Tim Chan, BART Stations Planning Group Manager
2023
Janice Li

PRESIDENT
Mark Foley

VICE PRESIDENT
Robert Powers

GENERAL MANAGER

DIRECTORS
Debora Allen
1ST DISTRICT
Mark Foley
2ND DISTRICT
Rebecca Saltzman
3RD DISTRICT
Robert Raburn, Ph.D.
4TH DISTRICT
John McPartland
5TH DISTRICT
Elizabeth Ames
6TH DISTRICT
Lateefah Simon
7TH DISTRICT
Janice Li
8TH DISTRICT
Bevan Dufty
9TH DISTRICT
www.bart.gov
DocuSign Envelope ID: 1207022F-4901-4B27-962A-4E3891A261AC H.1.b
Packet Pg. 113 Attachment: Letter of Support regarding Grant Application from BART (3063 : MTC PDA Grant Application Bart Station Resolution of Support)

PRIORITY DEVELOPMENT AREA (PDA) PLANNING GRANT APPLICATION 1 / 5
Q1
Applicant Information
Applicant Project Manager Drummond Buckley
Job Title Planning Director
Local Jurisdiction Orinda
County Contra Costa
Email Address [email protected]
Phone Number 925-956-9305
Q2
Please upload documentation of local support for this
application. This may include: A City Council/Board of
Supervisors or Planning Commission resolution
(recommended), or An agenda from a City Council or
Board of Supervisors meeting at which the application was discussed. (To get started, download a template
resolution, template staff report, and template briefing.) Respondent skipped this question
Q3
Applicants may submit documentation after the application due date, but no later than April 15th, 2023. Submit documentation to [email protected] you will be submitting documentation of local support after this application, please indicate the approximate submission date. (Indicate "N/A" if submitting documentation along with application.) April 15, 2023
Q4

1. Name of PDA
Downtown Orinda
#27

CCOOMMPPLLEETTEE
CCoolllleeccttoorr:: WWeebb LLiinnkk 11 ((WWeebb LLiinnkk)) SSttaarrtteedd:: TThhuurrssddaayy,, FFeebbrruuaarryy 2233,, 22002233 1122::2277::4433 PPMM LLaasstt MMooddiiffiieedd:: TThhuurrssddaayy,, FFeebbrruuaarryy 2233,, 22002233 88::0011::5522 PPMM TTiimmee SSppeenntt:: 0077::3344::0088
IIPP AAddddrreessss:: 9966..7788..115533..88

Page 1 ends

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Packet Pg. 114 Attachment: MTC PDA Grant Application Submittal by City Orinda (3063 : MTC PDA Grant Application Bart Station Resolution of Support)

PRIORITY DEVELOPMENT AREA (PDA) PLANNING GRANT APPLICATION 2 / 5
Q5

2. Plan or Project Name
Mapping a Path Forward for Affordable Housing TOD at the Orinda BART Station Q6

3. Was this PDA established prior to 2019?
Yes
Q7

4. Will the geographic area included in the project be the same as the existing PDA? (See this map for reference)
Yes, it will be identical
Q8
If "no", please upload a map of the anticipated planning area (hand-drawn or digital formats are both acceptable) Respondent skipped this question
Q9

5. What type of Grant are you applying for?
Plan Implementation (Technical Assistance)
Q10

6. Amount Requested (not to exceed $1,200,000 for Plan, $600,000 for Plan Amendment, $200,000 for Plan Implementation)
$200,000
Q11
Optional: Please identify any sources and amounts of
committed or anticipated funding for this project
Respondent skipped this question
Q12

7. All PDA Grants must either: Include all of the required sections shown below; or Integrate previously adopted or concurrent plans and policies for any sections not
included; or Amend or implement an adopted plan that
includes each section. Below, check each section that will be completed, or amended, through this grant. Detailed
descriptions of each section, review the minimum grant
requirements available here. Note that section title and organization may differ from those shown below, but must achieve the minimum grant requirements.

Plan Section : Implementation ,
Community Engagement
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Packet Pg. 115 Attachment: MTC PDA Grant Application Submittal by City Orinda (3063 : MTC PDA Grant Application Bart Station Resolution of Support)

PRIORITY DEVELOPMENT AREA (PDA) PLANNING GRANT APPLICATION 3 / 5
Q13
If you did not check one or more of the boxes above, please indicate the planning process through which it was, or will be, completed, and provide a link documenting its completion. (250 words max) The Plan Orinda project, which included adoption of a Downtown Precise Plan (DPP) and a Housing Element Update, included a Program Environmental Impact Report (EIR). The EIR analyzed the BART station parking lots as a project alternative with a full level of environmental impact analysis. The EIR analyzed a potential maximum of 1,089 units and a potential maximum of 3,048 additional residents on the parking lots. Because future housing development and residents at the BART parking lots have already been analyzed in the EIR, it is anticipated that further CEQA analysis would not be required, and it would therefore streamline development.

The Plan Orinda project included extensive community engagement through public meetings, community workshops, surveys, interactive tools, and more. Property owners, residents, and developers received postcard mailings and periodic email updates regarding the Plan Orinda project. Additional outreach would be done for the project.

Following completion of the project, next steps would include the creation of development standards for housing development on the parking lots.

This important project is a critical first step toward future TOD planning for affordable housing on the BART site, but it does not neatly fit into any of the categories listed above. The project implements components of the Plan Orinda project identified in the DPP and Housing Element.

See planorinda.com for more info.

Q14
Please upload a preliminary scope of work and budget. (See here for sample language and template materials.) 2022-23_PDA_Planning_Grants_Scope_of_Work-%20City%20of%20Orinda.pdf (194.5KB) Q15
Optional: Please upload any additional material you would like to share. None are required, but this may include letters of support, background material and graphics, etc.
20230222_Orinda_BART%20support%20letter_PDA%20grant.pdf (247.4KB) Q16

8. Is part, or all, of the PDA within an Equity Priority Community?
No
Q17

9. Will the project implement the Transit Oriented
Communities (TOC) Policy? (Required for PDAs within a
TOC identified on this map; PDAs outside TOCs may opt
in to TOC standards.)
Yes
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Packet Pg. 116 Attachment: MTC PDA Grant Application Submittal by City Orinda (3063 : MTC PDA Grant Application Bart Station Resolution of Support)

PRIORITY DEVELOPMENT AREA (PDA) PLANNING GRANT APPLICATION 4 / 5
Q18
If "yes", which TOC standards will be established and/or implemented?
Minimum and Allowable Maximum Density for New
Residential Development (locate your PDA on this map
for applicable requirements)
,
Affordable Housing Production, Protection and AntiDisplacement Policies (see pp. 13-18 for requirements) ,
Parking Requirements (locate your PDA on this map for
applicable requirements)
,
Transit Station Access and Circulation (see pp. 21-22 for requirements)
Q19

10. Will the project involve rezoning or implement
programs and policies that are part of a Housing Element Update?
Yes,
This project involves addressing the prelimenary steps
required to for future rezoning of the Orinda BART station to allow housing. It implements a program in the City's
recently-adopted Downtown Precise Plan as well as steps identified as necessesary for future housing at the BART in the 6th Cycle Housing Element. Based on the Plan Orinda EIR, which analyzed housing development for the BART
site based on BART's TOD development standards, and
taking into account HCD criteria regarding reasonable
assumptions, 1,089 units could be developed on the site.

If Yes, please explain (250 words maximum):

Q20

11. Enter the approximate increase in deed-restricted affordable housing units resulting from the project Up to 1,089 units. Percentage of affordable will partly depend on whether Caltrans requires the site to be sold for fair market value.

Q21

12. Enter the approximate increase in total housing unit capacity resulting from the project 1,089 units.

Q22

13. Please upload a document (template available here) explaining how the proposed project will: Advance the protection, preservation and production of affordable housing through existing or new policies, programs, and investments applicable to the PDA Reduce vehicle miles travelled and increase transit ridership through policies, programs, and investments Achieve greater racial equity in the PDA and/or city- or region-wide, including through fair housing policies, programs, and investments (300 words max) 2022-2023_PDA_Planning_Grant_Application_Question_13%20City%20of%20Orinda.pdf (138.8KB) H.1.c
Packet Pg. 117 Attachment: MTC PDA Grant Application Submittal by City Orinda (3063 : MTC PDA Grant Application Bart Station Resolution of Support)

PRIORITY DEVELOPMENT AREA (PDA) PLANNING GRANT APPLICATION 5 / 5
Q23

14. Which Plan Bay Area 2050 Strategies will this project support? (check all that apply.) To see the full text for these strategies see pp. 4-8 of this .pdf.

Allow a Greater Mix of Housing Densities and Types in
Growth Geographies
,
Build Adequate Affordable Housing to Ensure Homes
for All
,
Integrate Affordable Housing into All Major Housing
Projects
,
Accelerate reuse of public and community-owned land
for mixed-income housingand essential services
,
Allow greater commercial densities in Growth
Geographies
Q24

15. Has your jurisdiction formally adopted Vehicle Miles Travelled (VMT) thresholds, screens and mitigations
complaint with Senate Bill 743 (SB 743)?
No
Q25
If yes, please provide a link to the applicable City Council or Board of Supervisors resolution.

Respondent skipped this question
Q26
If no, on what date will it be adopted?
August 31, 2023
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Packet Pg. 118 Attachment: MTC PDA Grant Application Submittal by City Orinda (3063 : MTC PDA Grant Application Bart Station Resolution of Support) Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects GRANT APPLICATION QUESTION 13
Please use the space below to explain in 300 words or less how the proposed project will:
• Advance the protection, preservation and production of affordable housing through existing or new policies, programs, and investments applicable to the PDA • Reduce vehicle miles travelled and increase transit ridership through policies, programs, and investments
• Achieve greater racial equity in the PDA and/or city- or region-wide, including through fair housing policies, programs, and investments
This project will advance the production of affordable housing in the Orinda PDA by implementing measures in the City’s Downtown Precise Plan (DPP) and Housing Element pertaining to future Transit-Oriented Development (TOD) at the Orinda BART station, which contains a 1,302-space parking lot on Caltrans right-of-way. Over the last few years, support for TOD at the BART station has been expressed by BART staff, residents, neighborhood groups, local non-profit organizations, and Orinda councilmembers. Caltrans, a critical stakeholder, has not expressed an opinion or been consulted regarding TOD on their land. Caltrans requires that land be “decertified” and sold at market rate value to be removed from their ROW, a minimum three year process. The station parking lots have other constraints including high voltage transmission lines traversing the property, a Caltrans maintenance facility, and limited bicycle/vehicular access from downtown. The goal of the project is to work through these constraints and map a path for TOD planning for the BART site, including affordable housing, in the form of an MOU between BART, Caltrans and the City.

This project will implement the DPP policy 2.3.1, "Coordinate with Caltrans and BART for TOD at the Orinda BART station. Use BART's published materials along with its adopted policies and performance metrics to develop a precise plan and objective design standards that would guide TOD at this station's parking areas."
The project will reduce VMT by facilitating housing at a major transit station with direct access to BART and nearby goods and services.

By facilitating new affordable housing, the project would achieve greater racial equity in the PDA by supporting DPP Goal 8.2: “pursue an accessible downtown that supports the needs of diverse populations” including “diverse demographic groups and income levels” as part of a vision for downtown as a “welcoming, accessible and supportive community.” H.1.c
Packet Pg. 119 Attachment: MTC PDA Grant Application Submittal by City Orinda (3063 : MTC PDA Grant Application Bart Station Resolution of Support)

CITY OF ORINDA
1 2022-23 PDA Planning Grant Application:

SCOPE OF WORK
Mapping a Path Forward for Affordable Housing TOD at the Orinda BART Station Task 1 – Prework for Project Commencement
• Finalizing contract between MTC and City of Orinda to be implemented Task 1 Deliverables:

1.1: Signed contract for PDA Planning Grant.

Task 2—Pre-Kickoff Meeting with Stakeholders
The objective of this task is for the City of Orinda to confer with BART and Caltrans staff. • Discuss goals and objectives of project.
• Identify key milestones, including schedule of future check-in meetings between City and stakeholders.

Task 2 Deliverables:

2.1: Written communication to stakeholders regarding goals, next steps, and future meetings Task 3 – Prepare and Circulate RFP, Select Consultant Team The objective of this task is for the City of Orinda to prepare a Request for Proposals (RFP) for consultant assistance.
• Describe scope of work.
• Identify key skills of team, including knowledge of:
• Project Management
• Caltrans and Federal Highway Administration rules and regulations regarding the disposal of existing ROW;
• BART and MTC policies regarding TOD development;
• State of California Executive Order N-06-19 Affordable Housing Development;
• Site planning for TOD development;
• Planning for pedestrian, bicycle and vehicular access; and • Legal review of relevant existing easements, agreements, and federal and state laws pertaining to the Orinda BART station and the of existing State ROW for potential TOD
• Drafting of MOUs between public agencies.
• Circulate draft RFP to stakeholders (BART and Caltrans) for review and comment H.1.c
Packet Pg. 120 Attachment: MTC PDA Grant Application Submittal by City Orinda (3063 : MTC PDA Grant Application Bart Station Resolution of Support)

CITY OF ORINDA
2 • Present RFP to City Council for approval prior to circulation • Review of proposals by City staff and recommendation to City Council • Selection of consultant team by City Council
Task 3 Deliverables:

3.1: City Council-approved RFP

3.2: Review of Proposals by City Council and Selection of Consultant

3.3: Signed contract for work between City and consultant team Task 4 – Project Start Up
The objective of this task is to identify procedures for communication and reporting project status during the contract.
• The Consultant and subcontractors shall attend an internal “kick off” meeting with the City of Orinda to review: 1) the city’s expectations for accomplishing tasks described in the Work Statement; 2) the administrative requirements in the terms and conditions of the contract; and 3) the city’s roles and responsibilities. • Hold external kick-off meeting between City staff, consultants, and stakeholders (BART and Caltrans)
Task 4 Deliverables:

4.1: Minutes from internal and external kick-off meetings.

Task 5 – Review of Existing Site and Legal/Organizational Framework Impacting Potential TOD Development
The objective of this task is to review and describe in detail the site legal constraints to TOD development on the BART site.
• Detailed mapping of the existing conditions at the two BART parking lots and station, including: internal and external multi-modal circulation system, Caltrans maintenance facility, powerlines, topography, and utility connections. • Review of potential access improvements that would be necessary to support future TOD development.
• Minimum BART requirements for station parking, passenger drop-off and pick-up, CountyConnection bus access, and other uses that would be maintained with any future TOD development and Caltrans minimum requirements for access to its maintenance facility.
• Review and description of existing legal framework including the Use Agreement between BART and Caltrans; all easements; Caltrans decertification process applicable to the use of ROW for TOD; Executive Order N-06-19 and the role of the Governor’s Office, Department of General Services, and Department of Housing and H.1.c
Packet Pg. 121 Attachment: MTC PDA Grant Application Submittal by City Orinda (3063 : MTC PDA Grant Application Bart Station Resolution of Support)

CITY OF ORINDA
3 Community Development in administering the Order; Federal Highway Administration requirements related to decertification. • Review and summary of applicable BART and MTC policies regarding TOD development at the Orinda BART station.

Task 5 Deliverables:

5.1: Site plan(s) depicting physical constraints to TOD

5.2 Narrative summarizing regulatory/legal framework relevant to TOD.

5.3: Schematic site plan showing portions of site where TOD may be suitable and access improvements necessary to support TOD.

Task 6 – Partnership Development, Mapping Out Framework Forward, and MOU The Contractor will work to investigate, negotiate, and assist in the development of formal partnership relationships with pertinent public entities including Caltrans, BART, the General Services Department, the State Housing and Community Development Department, and the Governor’s Office to forge partnerships such that the partners identify the most streamlined process feasible for Caltrans to allow TOD on the land that they currently own at the Downtown Orinda BART Station. The overarching goal will be to map out a process for future TOD planning that will allow development consistent with applicable state and federal laws, BART’s TOD policy, MTC’s Transit-Oriented Communities Policy, and future TOD zoning by the City of Orinda. The City proposes to memorialize this path forward in a Memorandum of Understanding between BART, Caltrans and the City. will be implemented as a result of the Project.
• Individual interviews between consultant and the main stakeholders (City, BART, and Caltrans staff) as well as the other interested parties including:
• State agencies that administer Executive Order N-06-19 (Governor’s Office,

GSA, HCD)
• Local community and interest groups
• Key agency decision-makers
• Federal Highway Administration staff
• Staff members for elected officials at the State and Federal level • Housing developers, including 100% affordable developers, who express an interest in TOD at the Orinda BART station
• Conduct meeting to take public comment
• Identify a schedule and key milestones for a path forward, including:
• Caltrans/Federal process to free up land for TOD
• Detailed site analysis regarding TOD
• Draft objective design standards for TOD, consistent with BART and MTC policies
• Public process by City of Orinda to amend existing Downtown Precise Plan to include BART station, including TOD objective design standards • Public process by City of Orinda to codify TOD objective design standards for BART station
H.1.c
Packet Pg. 122 Attachment: MTC PDA Grant Application Submittal by City Orinda (3063 : MTC PDA Grant Application Bart Station Resolution of Support)

CITY OF ORINDA
4 • Prepare draft MOU between City, BART and Caltrans
• Review draft MOU with stakeholders
• Present MOU to decision-makers at each stakeholder agency, as necessary • Finalize and execute MOU
Task 6 Deliverables:

6.1: Summary of stakeholder and interested party interviews

6.2: Minutes of public meeting comments

6.3: Draft MOU Memorandum of Understanding between BART, Caltrans, and the City, including process to make land available for TOD and timeline for TOD planning.

6.4 Executed MOU

SCHEDULE
(TOTAL BUDGET OF $200,000; PER INSTRUCTIONS, BUDGET LINE ITEMS TO BE

ADDED LATER)

DELIVERABLE ESTIMATED

DATE OF

COMPLETION

ESTIMATED
BUDGET
Task 1 - Prework for Project Commencement August 31, 2023 TBD

1.1 Signed contract for PDA Planning Grant. August 31, 2023 TBD Task 2 – Pre-Kickoff Meeting with
Stakeholders
October 27, 2023 TBD

2.1: Written communication to stakeholders
regarding goals, next steps, and future meetings
October 27, 2023 TBD
Task 3 – Prepare and Circulate RFP, Select
Consultant Team
February 1, 2024 TBD

3.1 City Council-approved RFP. TBD TBD

3.2: Review of Proposals by City Council and
Selection of Consultant

TBD TBD

3.3: Signed contract for work between City and
contractor
TBD
Task 4 – Project Start Up March 15, 2024 TBD

4.1 Minutes from internal and external kick-off
meetings.

March 15, 2024 TBD
Task 5- Review of Existing Site and
Legal/Organizational Framework Impacting
Potential TOD Development
September 27, 2024 TBD

5.1: Site plan(s) depicting physical constraints to
TOD

TBD TBD
H.1.c
Packet Pg. 123 Attachment: MTC PDA Grant Application Submittal by City Orinda (3063 : MTC PDA Grant Application Bart Station Resolution of Support)

CITY OF ORINDA
5 5.2 Narrative summarizing regulatory/legal
framework relevant to TOD..

TBD TBD

5.3 Schematic site plan showing portions of site
where TOD may be suitable and access
improvements necessary to support TOD.

TBD TBD
Task 6 – Partnership Development, Mapping
Out Framework Forward, and MOU
August 31, 2026 TBD

6.1 Summary of stakeholder and interested party
interviews

TBD TBD

6.2 Minutes of public meeting comments TBD TBD

6.3 Draft MOU Memorandum of Understanding
between BART, Caltrans, and the City,
including process to make land available for
TOD and timeline for TOD planning. TBD
TBD

6.4 Executed MOU TBD TBD
H.1.c
Packet Pg. 124 Attachment: MTC PDA Grant Application Submittal by City Orinda (3063 : MTC PDA Grant Application Bart Station Resolution of Support) City Council
Staff Report
Agenda Item: H.2
Date: March 21, 2023
Department: City Clerk
AGENDA TITLE: Commission/Committee Recruitment Update
RECOMMENDATION:

Consider appointment of applicants for the Planning Commission and Finance Advisory Committee or select date to conduct interviews
BACKGROUND:

On Saturday, February 11, 2023, the City Council conducted interviews for applicants for their City Commissions, Committees, and other agency representatives.

DISCUSSION:

At the conclusion of those interviews and appointments, there were still two vacancies on the Planning Commission and two vacancies on the Finance Advisory Committee.

Subsequently three Statements of Interest have been received. One from Natalie Fay to serve on the Planning Commission and two from Joan Kiekhaefer and Wendy Wee to serve on the Finance Advisory Committee.

NEXT STEPS:

Councilmembers can either appoint them at this meeting by application only or decide to set a date to conduct interviews. Interviews can be conducted by the Mayor, or a Council Subcommittee of two, or the entire City Council, but the appointment must be made by the City Council. Additionally, applications will continue to be accepted until all vacancies have been filled.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Natalie Fay - Statement of Interest
B. Joan Kiekhaefer - Statement of Interest
C. Wendy Wee - Statement of Interest
Respectfully Submitted by:

Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
H.2
Packet Pg. 125
Approved by:

H.2
Packet Pg. 126
H.2.a
Packet Pg. 127 Attachment: Natalie Fay - Statement of Interest (3058 : Commission/Committee Recruitment Update) H.2.a
Packet Pg. 128 Attachment: Natalie Fay - Statement of Interest (3058 : Commission/Committee Recruitment Update) H.2.a
Packet Pg. 129 Attachment: Natalie Fay - Statement of Interest (3058 : Commission/Committee Recruitment Update) H.2.a
Packet Pg. 130 Attachment: Natalie Fay - Statement of Interest (3058 : Commission/Committee Recruitment Update) H.2.b
Packet Pg. 131 Attachment: Joan Kiekhaefer - Statement of Interest (3058 : Commission/Committee Recruitment Update) Finance Advisory Committee
Wendy Wee
Bachelor of Science, Business Administration and Master of Business Administration Chief Financial Officer of Kindred Biosciences, Inc.
1 year 4 months
None
None
Fiddleneck Way, Orinda, CA 94563
I am retired and have some free time for volunteer work as well as serving my community.

N/A
With close to 50 years of Accounting and Finance experience I can be of assistance to the Finance Advisory Committee.

H.2.c
Packet Pg. 132 Attachment: Wendy Wee - Statement of Interest (3058 : Commission/Committee Recruitment Update) City Council
Staff Report
Agenda Item: H.3
Date: March 21, 2023
Department: City Clerk
AGENDA TITLE: Consider any Amendments and Adopt City Council Policy & Procedures Manual
RECOMMENDATION:

Adopt Resolution No. 20-23 adopting the City Council Policies and Procedures Manual BACKGROUND:

The City Council reviews its Policy and Procedures Manual on an annual basis. It was last reviewed in February of 2022.

DISCUSSION:

This review is an opportunity for Councilmembers to make changes to their policies and procedures. There was a suggestion by at least one Councilmember at a recent workshop that changes be discussed regarding the timing of City Council meetings, which are in Section 2. “Meetings”.

Staff does not have any proposed changes at this time.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Resolution 20-23 Amending Policies Procedures Manual B. City Council Policies Procedures Manual
Respectfully Submitted by:

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

H.3
Packet Pg. 133
H.3
Packet Pg. 134
1 BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
IN THE MATTER OF:

Adopting (or Amending) the
City Council Policies and
Procedures Manual
_________________________
)
)
)
)
Resolution No. 20-23
WHEREAS, the City Council reviews its Policies and Procedures Manual annually to determine if it needs any updates; and
WHEREAS, at the City Council Meeting of March 21, 2023, the City Council reviewed and determined it appropriate to adopt its Policies and Procedures Manual.

NOW, THEREFORE, BE IT RESOLVED that the Orinda City Council does hereby adopt the Orinda City Council Policies and Procedures Manual as shown in Exhibit A (or as amended at the City Council Meeting of March 21, 2023.) BE IT FURTHER RESOLVED: that the Orinda City Council does hereby adopt the Orinda City Council Policies and Procedures Manual as presented (or as amended).

Adopted by the City Council of the City of Orinda on March 21, 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Inga Miller, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
H.3.a
Packet Pg. 135 Attachment: Resolution 20-23 Amending Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 1 CITY COUNCIL, CITY OF ORINDA

POLICIES AND PROCEDURES MANUAL
Section Page
l. Authority 2

2. Meetings 2

3. Agenda 5

4. Public Participation 7

5. Conducting Meetings 8

6. Quasi-Judicial Hearings 12

7. Voting 14

8. Officers 15

9. Boards, Commissions, and Committees 16

10. Ordinances 16

11. Administrative Matters 17

12. Emergency Procedures

13. Suspension, Amendment of These Rules
18 19
Adopted: Effective November 1, 2005
Amended Effective March 6, 2007 (Resolution No. 11-07)
Amended Effective April 10, 2007 (Resolution No. 14-07) Amended Effective March 2, 2010 (Resolution No. 14-10)
Amended Effective May 7, 2013 (Resolution No. 28-13)
Amended Effective February 18, 2014 (Resolution No. 11-14) Amended Effective February 3, 2015 (Resolution No. 09-15) Amended Effective March 15, 2016 (Resolution No. 20-16) Amended Effective August 2, 2016 (Resolution No. 44-16) Amended Effective February 6, 2018 (Resolution No. 04-18) Amended Effective March 16, 2021 (Resolution No. 14-21) Amended Effective February 1, 2022 (Resolution No. 05-22) H.3.b
Packet Pg. 136 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 2 l. Authority
The City Council establishes these Rules of Procedure for the conduct of meetings. The following Rules shall be in effect upon their adoption by the City Council and until such time as they are amended or new Rules are adopted in the manner provided by these Rules.

2. Meetings

2.1 Meeting Dates and Times

2.1.1. Dates. Regular meetings will be held on the first and third Tuesday of each month or as set by calendar adopted by the City Council. Adjourned regular, workshop or special meetings may be called by the Mayor or a majority of the Council. If the meeting date should fall on a legal holiday, the Council shall meet at an alternate time and date designated by the Council.

2.1.2. Starting Time. All regular meetings will convene at 7:00 p.m.

Meetings will be held at the Library Auditorium at 26 Orinda Way, Orinda, unless stated otherwise in the notice. Meetings may be preceded or followed by special meetings, including closed sessions.

2.1.3. Ending Time. Meetings will adjourn at or before 11:00 p.m. A majority vote of the City Council will be required to continue the meeting past 11:00 p.m.

A unanimous vote of the City Council will be required to continue meetings beyond 11:30 p.m. A continuance beyond 11:30 shall specify time of adjournment. More than one such continuance may be adopted.

2.2 Closed Sessions
A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. It is a violation of the Brown Act to disclose information obtained or presented in anticipation of or during a closed session, which shall be confidential. Public comment shall be received in open session prior to a closed session.

The City Council will report out in open session any actions taken in closed session consistent with the requirements of the Brown Act.

2.3 Special Meetings
Special meetings may be called by the Mayor or by a majority of the Council members.

The City Attorney or the City Manager is authorized to call a special meeting when it is to be held immediately before or after a regular meeting and is to discuss a matter in closed session. The call for a special meeting must specify the day, hour, and place and shall specify the subject(s) to be considered. Twenty-four hours notice must be received prior to a special meeting by each Council member, the local newspaper of general circulation, and radio and television stations which have requested notice. Only matters specified in the notice may be discussed at special meetings. The public shall be given an H.3.b
Packet Pg. 137 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 3 opportunity to address the Council before or during consideration of any matter described in the notice for the special meeting.

2.4 Quorum
Three members of the Council shall constitute a quorum necessary to transact business.

In the event a quorum is not in attendance, those attending will be named in the minutes, and they shall adjourn the meeting to a later set time.

2.5 Adjournment
The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If all Council members are absent from any regular or adjourned regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place. The City Clerk shall post a copy of the order or notice of adjournment as required by the Brown Act and other places designated by the Council within twenty-four (24) hours after the time of adjournment.

Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjournment meeting shall be held, it shall be held at the hour specified for regular meetings.

2.6 Attendance
Council members must request that the Mayor issue an "excused absence" when they are unable to attend, or it will be noted in the minutes as an unexcused absence. The Mayor shall announce excused absences and reasons for such absences (if publicly known) during the roll call at the beginning of a meeting.

2.7 Minutes of Proceedings
An account of all public proceedings of the City Council shall be recorded by the City Clerk and entered into official minute books of the Council following approval by the Council. Unless the Council directs otherwise in a specific instance, detailed (but not verbatim) minutes shall be prepared for regular meetings of the full Council, and summary action minutes shall be prepared for special meetings of the full Council.

2.8 City Manager
The City Manager shall attend all meetings of the Council unless excused. The City Manager’s designee shall substitute when the City Manager is absent.

2.9 City Attorney
The City Attorney shall attend all meetings of the Council unless excused. The Deputy City Attorney shall attend in the City Attorney’s absence. The City Attorney shall act as the Council's parliamentarian.

H.3.b
Packet Pg. 138 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 4 2.10 City Clerk
The City Clerk shall attend all regular meetings of the Council unless excused, and in her/his absence, the City Clerk designee shall substitute. The City Clerk shall record, prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council or the City Manager, or both.

2.11 Department Heads/Employees
Department heads and employees shall attend Council meetings as directed by the City Manager.

2.12 Public May Attend and Record Meetings
All meetings of the City Council (except closed sessions) shall be open to the public, including the news media. Meetings may be recorded by any means by anyone, provided such recording does not constitute disruptive conduct under Rule 4.4.

2.13 Virtual/Teleconference Meetings
The Council may use teleconference technology and hold virtual meetings consistent with State Law, including the Brown Act and Executive Orders issued by the Governor.

2.14 Recordings
All Regular Meetings of the City Council shall, to the extent feasible, be recorded by the City Clerk. Recordings are kept consistent with the City of Orinda Records Retention Program and are available from the City Clerk’s office.

2.15 Avoiding Brown Act Violations Relating to Meeting Attendance Members of the Council shall comply fully with the requirements of the Brown Act, including those in Government Code section 54952.2 to avoid potential violations relating to attendance at meetings such as conferences, meetings conducted by City staff/consultants, meetings presented by organizations other than the City, and meetings of other legislative bodies.

H.3.b
Packet Pg. 139 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 5 3. Agenda

3.1 Order of Business
The business for a Regular meeting shall generally be shown on the agenda in the following order, but this sequence may be modified on a case-by-case basis by the City Manager in consultation with the Mayor:

A. Call to Order/Roll Call
B. Pledge of Allegiance
C. Closed Session Report (when applicable)
D. Adoption of Agenda
E. Items for the Good of the City
F. Public Forum
G. Consent Calendar
H. Public Hearings
I. Policy Matters
J. Council Reports
K. City Manager’s Report
L. Matters Initiated
M. Adjournment
Closed Session (may be held before or after the meeting, or both)

3.2 Agenda Preparation
Agendas for regular and special meetings shall be established by the City Manager, who shall consult with the Mayor concerning the sequence of agenda items and other procedural matters. The agenda shall be delivered to the Mayor and Council members and made available to members of the public consistent with the requirements of the Brown Act. The agenda shall specify the time and location of the meeting and contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, if any. The descriptions of agenda items may include the action recommended by the preparer of the report for the agenda item.

3.3 Matters Initiated
To place an item on a future agenda, a Council member (including the Mayor) may make a motion to that effect during the Matters Initiated agenda item. In addition, a Council member (including the Mayor) may, at any time during a meeting, make a motion to place an item on a future agenda, if the item proposed for future consideration arises in relation to an item on the current agenda.

If the motion to place an item on a future agenda is seconded and approved by a majority vote of those Council members present, the proposed item will be placed on a future agenda. If the motion is silent regarding timing, the proposed item will be placed on a future agenda at the earliest appropriate time, as determined by the City Manager and H.3.b
Packet Pg. 140 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 6 Mayor. If the motion provides specific direction regarding timing, the proposed item will be placed on a future agenda consistent with that direction. No discussion of the subject of the motion may occur except to explain the general nature of the item, including the issue of timing for Council’s consideration of the item.

3.4 Agenda Posting
The City Clerk shall post the agenda at least 72 hours before a regular meeting and at least 24 hours before a special meeting in the following locations, which are freely accessible to members of the public: Orinda Community Center, Orinda Library, and Orinda City Hall. Agendas shall also be posted on the City’s website prior to meetings as required by the Brown Act. See Government Code section 54954.2.

3.5 Agenda Materials

3.5.1 Documents. A staff report shall be prepared for each agenda item except in unusual circumstances. Attached to the staff report shall be documents received by or developed by staff that are pertinent to the staff report. Anyone may submit documents pertinent to an agenda item to the City Clerk; such documents shall be included in the agenda materials if they are received in time for inclusion in the packet and if multiple copies of voluminous documents are provided.

3.5.2 Copies of agenda materials. Copies of the agenda materials and other documents distributed to Council members before a meeting (excluding documents subject to attorney-client confidentiality and documents distributed in connection with a closed session) shall be available for public inspection when released to the City Council.

The public can view materials before the meeting at the office of the City Clerk, the Orinda Library and, on the City website. At the meeting, a public copy will be available for review. Copies of materials distributed by City staff and others at the meeting shall be made available to members of the public as soon as practicable. Changes and additions to staff reports and late correspondence will be provided to Council members and made available to the public before the meeting when possible.

3.6 Consent Calendar
Items listed on the Consent Calendar are those items likely not to require Council discussion. At the meeting, any item may be pulled by a Council member or member of the public for separate discussion or clarification and vote.

3.7 Public Hearings
A matter shall be set for public hearing in the following situations:
a. A quasi-judicial land use decision (e.g., an appeal of a Planning Commission decision)
H.3.b
Packet Pg. 141 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 7 b. Any other matter for which a public hearing is required by law or for which a hearing would be in the public interest.

4. Public Participation

4.1 Addressing the Council
Each person wishing to address the Council will be asked to so indicate (e.g., by submitting a speaker slip to the City Clerk or a using similar method available during virtual meetings). Each person addressing the Council shall do so from the lectern or its equivalent during virtual meetings. Providing a name, address, and other information is voluntary. All remarks shall be directed to the Mayor and Council as a body and not to any particular Council member. No person other than members of the Council and the person having the floor shall be permitted to enter into the discussion.

4.2 Public Forum
During Public Forum any person may address the Council on an item that is (1) within the subject matter jurisdiction of the Council and (2) not otherwise on the agenda, except that if a speaker will not be present during an agenda item later in the calendar for that meeting, the speaker may address that agenda item during Public Forum but not later.

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, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.

4.3 Speech Content & Civility
Statements by a member of the public shall be related to the agenda item at hand, except during Public Forum. The City Council shall not prohibit lawful public criticism of the policies, procedures, programs, staff, and services of the City or the acts or omissions of the City Council. Members of the Council, staff, and the public are encouraged to communicate in a manner that is civil, not hostile or threatening.

4.4 Disruptive Conduct
Conduct, including applauding and booing, which substantially disrupts a City Council meeting is prohibited. If a meeting is disrupted, the Council may elect to recess per Section 5.4.7 (b). Disrupting a meeting may, in certain situations, be cause for removal from the meeting.

4.5 [Reserved]

4.6 Written Communications
H.3.b
Packet Pg. 142 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 8 Correspondence, including communications relating to a specific matter on a Council agenda, will be handled as described in Section 11.1. If correspondence is received too late to be included in the agenda packet, the City Clerk will, to the extent feasible, endeavor to distribute the late correspondence at the Council meeting. Anyone submitting voluminous late correspondence and/or submitting late correspondence to the City Clerk less than four (4) hours before a Council meeting should bring at least fifteen (15) copies to the meeting. After receiving late correspondence, the Council may elect to continue the item to a future meeting if it determines the late correspondence is too voluminous to consider fully. Alternatively, the Council may elect to consider the matter if it has had adequate time to consider all of the information presented. Such a determination may, but need not, be made by formal motion during the meeting.

4.7 Time Limits
Public comment shall generally be limited to 3 minutes per individual speaker per agenda item, except that the Mayor, with the concurrence of the City Council, may set a different time limit based upon the number of persons wishing to speak, the complexity of the item, the length of the agenda, the hour, and other factors. If a speaker continues to speak after their allotted time has expired, the Mayor may allow them a short time (e.g., 30 seconds) to wrap up their comments. When a speaker has completed their comments, Councilmembers may ask clarifying questions of the speaker and receive brief answers, notwithstanding the time limits described in this section. Speakers are not required to answer questions posed by Councilmembers.

5. Conducting Meetings

5.1 Presiding Officer
The Mayor or Vice Mayor shall preside and call the meeting to order at the hour appointed. In the absence of both, the meeting shall be called to order by the City Clerk and those Council members present shall proceed to elect a temporary Presiding Officer.

Before proceeding with the business of the Council, the City Clerk shall perform a formal roll call. The Presiding Officer may move, second, and debate from the Chair, and shall not be deprived of any rights and privileges of a Council member.

5.2 Actions Limited to Posted Agenda
The City Council may take action on any item listed on the agenda. The City Council shall not take action on any item not appearing on the posted agenda except when there is an emergency, there is a need for immediate action, or the item was posted for a prior meeting less then 5 days before and was continued, as prescribed more fully in Gov.

Code §54954.2.

5.3 Continuance of an Item
H.3.b
Packet Pg. 143 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 9 An agenda item may be continued by the City Council by a majority vote. (See section

5.4.6.c.)

5.4 Discussion
When an agenda item is addressed, the Mayor shall first ask for any staff comments or additions to the written staff report. Next, the Mayor shall ask for questions from the Council of staff. After that, the Council shall receive public comment (see section 4.7, time limits). After public comments, the Mayor shall close the public comment portion and open the item for discussion by the Council, which shall be subject to the following rules. During Council deliberations, the Mayor, with the consent of the City Council, may reopen public comment.

5.4.1. Getting the Floor. Every Council member desiring to speak shall address the Mayor and, when recognized by the Mayor, shall limit discussion to the questions under debate.

5.4.2. Interruptions. A Council member, once recognized, shall not be interrupted when speaking except to be called to order, or as otherwise provided. If a Council member, while speaking, is called to order, the Council member shall cease speaking until the question of order is determined; if determined to be in order, the Council member shall be permitted to proceed.

5.4.3. Privilege of Closing Debate. The Council member making a motion for adoption of an ordinance or resolution shall have the privilege of closing the debate on that motion, subject to other motions which may be before the Council.

5.4.4. Motion to Be Stated. The Mayor shall state all motions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any Council member. No action shall be taken by secret ballot.

5.4.5. Appeals. Any ruling of the Mayor may be appealed at the request of a Council member. The Mayor shall call for a roll call vote to determine if the ruling is upheld.

5.4.6. Precedence of Motions. When a motion is before the Council, no other motion shall be entertained except:
a. Motion to Amend. A motion to amend, which modifies the original motion, is in order but is debatable only as it relates to the amendment.

Amendments are voted on first; the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There shall only be one amending motion on the floor at any one time.
b. Substitute Motions. A substitute motion is in order for the purpose of taking out the main motion altogether and replacing it with a new and different motion. A substitute motion must be voted on before an amendment of the main H.3.b
Packet Pg. 144 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 10 motion, since if the substitute motion is adopted the main motion dies and so does any amendment of the main motion.
c. Motion to Postpone. A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set. A motion to postpone a quasi-judicial hearing must set a definite date for the hearing. If a motion to postpone indefinitely is adopted, the agenda item shall be carried forward on the City Clerk’s Future Agenda Items list for up to one year, then dropped if not reinstated to the agenda.
d. Motion to Table. A motion to table is not debatable and not subject to amendment. The purpose of a motion to table is to suspend the item for an indefinite time.

5.4.7. Motions Not Subject to Debate. All motions are debatable except for the following, which shall be put to an immediate vote:
a. Motion to adjourn, which requires a simple majority. b. Motion to recess, which requires a simple majority.
c. Motion to table, which requires a simple majority.
d. Motion to limit debate (“I move the question” or “I move to limit debate of this item to __ minutes”), which requires a 2/3 vote.

5.4.8. Reconsideration. A request for reconsideration may be made during a meeting in which a decision has been made or at the next regularly-scheduled Council meeting. A request for reconsideration may be made only by a Council member who voted in the majority on the original decision. Reconsideration of a matter involves three decisions, which must occur in the following order:
a. First, the Council must decide whether or not to consider the request on a future agenda. (No discussion is permitted at this point on the validity of the request or the merits of the underlying action to be reconsidered.) b. Second, if a majority of the Council votes to place the issue on a future agenda, there are two agenda items:
i. Whether to allow reconsideration or not and
ii. If reconsideration is permitted, whether the original decision should be changed or affirmed.
c. A decision not to reconsider a matter under (b)(i) will be deemed to automatically include removal of the agenda item for reconsideration of the merits under (b)(ii).

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Packet Pg. 145 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 11 d. Unless a subject is reconsidered and a majority of the City Council votes to change the original decision, the original action stands and is final.

However, the subject of the original decision (other than a quasi-judicial hearing such as a land use appeal) may be placed on a future agenda at any time as provided in these rules.
e. Reconsideration of a decision on a land use appeal is governed by Orinda Municipal Code section 17.43.8.

5.4.9. Conflict of Interest and Bias. A conflict of interest or even the appearance of a conflict of interest can diminish the public’s confidence in the integrity of the governmental process. Therefore, a Council member who has a conflict of interest under the Political Reform Act or Government Code §1090 may not participate in the agenda item causing the conflict. The Council member must make a statement substantially as follows:
“I am unable to participate in this matter as a public official because I have a financial interest in the subject which creates a conflict of interest. The financial interest is [describe the conflict with particularity].” The public official must leave the room for the duration of the discussion of the item. If the discussion relates to the public official’s real property or business (owned or controlled solely by the public official/and spouse/domestic partner), the public official may speak as a member of the general public and remain in the audience.

In addition, if a Council member’s personal bias compromises the Council member’s ability to act impartially with the interests of the City as a whole in mind, the Council member must leave the room and not participate in the agenda item. Bias may exist because of a Council member’s (1) substantial involvement or familiarity with the subject of an agenda matter or (2) close association with the persons involved, a connection which may or may not be known by the public or the other members of the Council.

Even if the Council member believes s/he is not biased, in the interests of open government, it is advisable at the very least to disclose that association, involvement, or experience prior to participating in the agenda item. See Rule 6.5.

5.4.10. Protests. A Council member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

5.4.11. Limits on speech and conduct. See sections 4.3 and 4.4, which apply also to the speech and conduct of City Council members.

5.4.12. Rules of Order. Except as otherwise provided in these Rules, the current edition of “Roberts Rules of Order” shall govern the conduct of the meetings of the City Council.

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Packet Pg. 146 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 12 6. Quasi-Judicial Hearings
When a public hearing is required for an agenda item, the Mayor shall first ask for any staff comments or additions to the written staff report for the hearing. Next, the Mayor shall ask for questions from the Council of staff. Next, Council members shall disclose ex parte communications as described below. After that, the Council shall receive public comment, as outlined below.

6.1 Ex Parte Communications
A Council member shall disclose on the record all communication (e.g., email, other written correspondence, conversations, and site visits) occurring outside the hearing that relate to the subject of the hearing. The Council member shall identify with whom s/he communicated, what was communicated, and for site visits, where on the site the Council member went and what the Council member looked at and observed. Council members may also elect to forward copies of written ex parte communication to the City Clerk, who will include such correspondence in the staff reports for relevant agenda items and/or forward it to the whole City Council, if doing so would not violate the Brown Act.

6.2 Testimony

6.2.1. The purpose of this portion of the public hearing is to provide an opportunity for persons interested in the subject of the hearing to testify in support of or opposition to the matter being heard.

6.2.2. Each person wishing to testify may do so as described in section

4.1. 6.2.3. The order of testimony shall be as follows:
a. The applicant (and the applicant’s design professional, attorney, and other representatives, if any) shall speak first and together shall have a total of 15 minutes to present the project. A portion of this time may be reserved by the applicant for final remarks after public testimony has concluded. b. The appellant, if not the applicant, (and the appellant’s design professional, attorney, and other representatives, if any) shall also have a total of 15 minutes to present the basis for the appeal.
c. Those persons other than the applicant and the appellant (and their representatives) shall have a total of 3 minutes each to present testimony, except that to preserve order and eliminate repetitious testimony from a large group, the Mayor may ask a like-minded group to appoint a spokesperson to represent the point of view of the group. At the Mayor’s discretion, speakers favoring the project may be asked to so indicate and may be asked to present their testimony consecutively and likewise those opposed.

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Packet Pg. 147 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 13 d. Regardless of the time limits stated above, the time limit per individual speaker may be set by the Mayor, with the concurrence of the City Council, at the beginning of a public hearing, based upon the number of persons wishing to speak, the complexity of the item, the length of the agenda, the hour, and other factors.

6.2.4. Questions by speakers may be noted and addressed prior to Council deliberation.

6.3 Council Deliberation

6.3.l. After the Mayor has determined that no other member of the audience wishes to speak, the Mayor shall close the public testimony portion of the hearing and the matter shall be taken up by the City Council.

6.3.2. The Council may ask questions of speakers for clarification during the public testimony portion and during deliberations.

6.4 Council Action

6.4.1. Council may, at this time, continue a matter to a specific future date to obtain additional information. Continuing a public hearing to a specific date does not require additional notice.

6.4.2. The Council may vote on the item, making findings of fact as required by law

6.5 Due Process
A quasi-judicial hearing that involves property rights (a land use matter or a personnel matter) must incorporate the standards of constitutional due process. This type of hearing must be fair and open, subject to employee privacy rights. The elements of due process are adequate notice, an opportunity to be heard, an impartial decision-maker, a decision based on substantial evidence, and findings to document the basis of the decision.

6.5.1. Impartiality
a. Rule. A public official must perform the duties of office free from any personal or pecuniary interest. If there is an actual bias or financial interest that could interfere with a Council member’s judgment, the Council member should not participate in the agenda item and should leave the Council chambers for the duration of the agenda item.
b. Open Mind. A Council member must have an open mind
and receive all evidence presented at the hearing. In addition, a Council member shall disclose ex parte communications (see §6.1 above) before making a determination on the merits. If the Council member has a fixed position on a matter prior to the hearing or if H.3.b
Packet Pg. 148 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 14 the Council member will be influenced by information not in the evidence, the Council member shall not participate in the hearing.
c. Staying Neutral. In order to assure that a Council member has not become so embroiled or otherwise involved in a matter that s/he cannot be impartial, the following rules shall apply:
i. Staff Contacts. A Council member shall refrain
from contact outside the public meeting context with City staff concerning the merits of matters which will or may come to the City Council for a quasi-judicial hearing.

Regardless of the above, a Council member may obtain factual information from staff relating to the hearing.
ii. Commissions and Committees. A Council member
must not express opinions on the merits of an item that is or will be the subject of a quasijudicial hearing within the subject matter jurisdiction of the Planning Commission to a Planning Commissioner prior to or during the hearing. In case such communications have occurred, any such communication from a Council member to a Planning Commissioner prior to a decision of the Commission on the matter shall be disclosed by the Commissioner in the course of the hearing of the subject by the Planning Commission.
iii. Interested Parties. A Council member shall refrain from becoming involved in discussions, negotiations, and other activities relating to a matter that is likely to be subject to a hearing by the City Council, unless the full scope of the Council member’s involvement and conversations is disclosed during the Council’s consideration of the matter and there is no bias that has resulted from those activities. d. Involvement or Bias. A Council member may be involved in a matter before the City Council due to a number of factors, including but not limited to an ongoing personal acquaintance, the proximity of real property, a business relationship, or community activities. In such a situation, where the Council member is unable to make an impartial decision, the Council member should recuse himself or herself, make a brief explanation of the facts behind recusal, and leave the room.

6.5.2 Absence During a Quasi-Judicial Hearing. A Council member otherwise qualified to vote may not vote on a matter if the Council member was absent from all or part of the hearing, unless the Council member both (1) reviews the minutes and the staff report or listens to the audiotape of the entire portion of the hearing s/he missed, if the minutes are not available, and (2) reviews all physical and written evidence introduced at the hearing before the meeting at which the decision is to be rendered.

7. Voting

7.1. Majority Vote Required
An affirmative vote of at least three Council members of the Council is required by law to adopt an ordinance, a resolution, and an order for the payment of money. An urgency H.3.b
Packet Pg. 149 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 15 (emergency) ordinance must be adopted by at least a 4/5 vote. Other matters may be adopted by the majority present.

7.2 Roll Call Votes
When required by state law, a roll call vote shall be taken on each motion before the Council. Additionally, on demand by any Council member, made before the "Noes" are called for, a roll call vote shall be taken on a motion before the Council. The Mayor's name shall be called last with other Council members' names called at random by the City Clerk. Council members shall not give explanations for their vote during roll call.

7.3 Silence
During a collective vote (ayes and noes), silence of any Council member denotes an affirmative vote.

7.4 Tie Vote
A tie vote means that a motion fails. In the context of a public hearing on a land use matter, a tie vote means denial of the project.

7.5 Abstention
Abstaining from a vote (other than due to recusal) constitutes a vote with the majority, except that where there is a tie vote, an abstention constitutes a vote for the motion.

8. Officers

8.1 Mayor
The Council shall elect a Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots by the County Clerk; or at the first regular meeting after the office of Mayor becomes vacant for any reason. The term of office of the Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term. The election or removal of Mayor requires three affirmative votes.

The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process and by the Governor for military purposes. In the time of public danger or emergency, the Mayor, with the consent of the Council, shall cause order to be maintained and enforce laws. The Mayor shall sign all Ordinances and Resolutions adopted by the Council when the Mayor is presiding.

8.2 Vice Mayor
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Packet Pg. 150 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 16 The Council shall elect a Vice Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots by the County Clerk; or at the first regular meeting after the office of Vice Mayor becomes vacant for any reason. The term of office of the Vice Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term. The election or removal of Vice Mayor requires three affirmative votes.

The Vice Mayor shall serve all functions of the Mayor when the Mayor is unable or unavailable to fulfill those functions.

9. Boards, Commissions, and Committees

9.1 Council Appointments
As soon as practicable following the annual December reorganization meeting, the Mayor shall announce nominations of Council members to serve in various roles requiring a Council representative; the nominations are subject to the review and approval of the City Council.

9.2 City Advisory Bodies, Regional Boards, and Commissions The City Council may create commissions, committees, and other groups to advise the Council. The Council shall appoint the members of those subordinate bodies as well as City representatives to Regional Boards and Commissions.

10. Ordinances

10.1 Document Preparation and Approval
All ordinances must be drafted by or approved by the City Attorney before being placed on the agenda.

10.2 Ordinance Introduction/Adoption
The title of a proposed ordinance will be considered to be read, unless a Council member requests a full reading. Ordinances shall not be adopted within five days of their introduction, or at other than regular Council meetings. However, an urgency ordinance may be passed immediately upon introduction, at either a regular or a special meeting, if a resolution substantiating the urgency has been adopted first.

10.3 Ordinance Preservation
Following adoption of an ordinance, the City Clerk shall assign a number to the ordinance, publish a summary and post the full text according to law. The ordinance shall be filed and preserved in the City Clerk's office.

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Packet Pg. 151 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 17 11. Administrative Matters

11.1 Correspondence

11.1.1 Electronic Correspondence
Council members shall use accounts issued to them by the City for all electronic correspondence (e.g., email) regarding City business. Council members shall not use accounts issued to them by the City for personal correspondence.

Council members may elect to forward copies of emails they receive to the City Clerk, who will include such emails in the staff reports for relevant agenda items and/or forward the emails to the whole City Council, if doing so would not violate the Brown Act.

Emails sent to the whole City Council via a general City email address will be reviewed by the City Manager or his/her designee and forwarded to all Council members, if doing so would not violate the Brown Act.

11.1.2 Other Correspondence
Written correspondence received by a Council member at City Hall by postal service, personal delivery, and messenger service shall be opened by staff and handled consistent with the City of Orinda Records Retention Program, which may require the City to retain a copy. Council members may elect to forward copies of written correspondence they receive to the City Clerk, who will include such correspondence in the staff reports for relevant agenda items and/or forward it to the whole City Council, if doing so would not violate the Brown Act.

11.1.3 Website Privacy Notice
The City’s website privacy notice should explain that the public is encouraged to communicate with Council members by email and other means, but that the public should be aware that email and other written correspondence, including messages intended to be confidential, may be subject to disclosure under the California Public Records Act.

Additionally, the privacy notice should explain that such correspondence may be forwarded to other Council members, City staff and/or the public generally.

11.1.4 Compliance with State Law
The City retains electronic and other correspondence in accordance with State law and the City’s adopted Records Retention Program, which is available from the City Clerk.

For public records, the City complies with the State Public Records Act.

11.2 Confidentiality
Matters discussed in closed session and matters contained in City Attorney confidential memoranda are confidential and shall not be disclosed to anyone without prior H.3.b
Packet Pg. 152 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 18 authorization from the City Council acting together (closed session information) or from the City Attorney (confidential communications from the City Attorney).

11.3 Communications with the Public
Council members shall be clear in communications with the public when the opinions and positions they convey are their own individual positions and when they have been authorized by the Council to speak for the Council as a whole.

11.4 Relations with Staff
As required by OMC §2.08.080, Council members of the City Council shall deal with employees of the City through the City Manager, except to obtain information as necessary, in a limited manner.

12. Emergency Procedures

12.1 Emergency Special Meetings
Emergency special meetings may be called by the Mayor, a majority of the Council members, or the City Manager only in accordance with state law (see Government Code section 54956.5), which defines qualifying emergencies narrowly (e.g., work stoppage, crippling activity, or other activity that severely impairs public health and/or safety, crippling disaster, mass destruction, terrorist act, threatened terrorist activity).

12.2 Emergency Special Closed Session
During an emergency meeting, the City Council may meet in closed session pursuant to Government Code section 54957 (threat to public security) if agreed to by a two-thirds vote of the members of the City Council present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.

12.3 Emergency and Urgent Amendments to Regular Agendas Items may be added to a regular meeting agenda on an emergency or urgency basis only in accordance with state law (see Government Code section 54954.2(b)). a. The Council may add an emergency item to its agenda at a regular meeting if, by majority vote, it determines that the matter in question constitutes an emergency situation pursuant to Government Code section 54956.5 (e.g., work stoppage, crippling activity, or other activity that severely impairs public health and/or safety, crippling disaster, mass destruction, terrorist act, threatened terrorist activity). b. The Council may add an urgent item to its agenda at a regular meeting if it makes findings that: (1) there is a need to take immediate action, and (2) the need for action came to the attention of the City subsequent to the agenda being posted.

Those findings must be approved by two-thirds of the members of the City Council H.3.b
Packet Pg. 153 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 19 present, or, if less than two-thirds of the members are present, a unanimous vote of those members present.

12.4 Emergency Declarations and Findings
In the event of an emergency, the Council may declare a local state of emergency and/or confirm an emergency declaration made by the City Manager. The Council may also make findings as appropriate to determine that normally-applicable procedures do not apply. Examples include the California Environmental Quality Act (see CEQA Guidelines sections 15269 & 15359) and the Public Contact Code (see Govt. Code sections 1102 & 22050). The Council may also, consistent with state and federal law, impose local curfews and other restrictions to safeguard life and property during an emergency.

12.5 Councilmembers Unavailable During Emergency
a. The City Council has designated the individuals serving in the following capacities to also serve as stand-by Councilmembers according to the ranked order in which they appear:

1. Planning Commission, Chair

2. Supplemental Sales Tax Oversight Commission, Chair

3. Finance Advisory Committee, Chair

4. Parks & Recreation Commission, Chair

5. Transportation Safety Advisory Committee, Chair

6. Planning Commission, Vice Chair

7. Supplemental Sales Tax Oversight Commission, Vice Chair

8. Finance Advisory Committee, Vice Chair

9. Parks & Recreation Commission, Vice Chair

10. Transportation Safety Advisory Committee, Vice Chair Stand-by Councilmembers shall have the duties prescribed by State law. See Government Code section 8641.
b. If an insufficient number of the members of the Council are available to conduct necessary business at an emergency meeting, one or more stand-by Council members shall, following the ranked order above, be authorized to serve as Council members, for purposes of that emergency meeting only. The number of stand-by Councilmembers authorized to serve shall be the minimum number needed to conduct business at that emergency meeting of the City Council.

13. Suspension and Amendment of These Rules

13.1 Suspension
Any provision of these rules not required by state law or the Orinda Municipal Code may be temporarily suspended by the Council.

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Packet Pg. 154 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual) 20 13.2 Amendment
These rules may be amended by resolution of the Council.

13.3 Rules Available for Public Review
A copy of these rules shall be available on the City’s website and at all meetings of the Council for review by the public.
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Packet Pg. 155 Attachment: City Council Policies Procedures Manual (3050 : Adoption of Updated Policy & Procedures Manual)

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