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, April 11, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 04.11.23
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 04.11.23
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. Proclamation Declaring April as Fair Housing 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. Quarterly Report of Cash Disbursements for the Period October 1, 2022 through December 31, 2022 and Summary of Revenue,
Expenditures, and Preliminary Fund Balances for July 1, 2022 through December 31, 2022
Recommendation:
Staff recommends that the City Council receive and file this report of cash disbursements, and preliminary fund balances for the period of OctoberDecember 2022.
F.2. Extension of Agreement for Professional Audit Services With Maze & Associates For Fiscal Year 2022-2023 Financial Statements Recommendation:
City Council
Agenda Page 3 04.11.23
Staff recommend that the City Council authorize the City Manager to execute a one year extension for audit services with Maze & Associates at a cost not to exceed $35,000, which includes a contingency of $1,590 for any additional work which may be required.
F.3. 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 26-23 F.4. Update Regarding 6th Cycle Housing Element and Annual Housing Element Progress Report for Calendar Year 2022
Recommendation:
(1) Receive update regarding 6th Cycle Housing Element. and (2) review and approve the Housing Element Annual Progress Report for Calendar Year 2022.
F.5. Award Engineering Design Services Contract to CSG for the 2023 Annual Pavement Rehabilitation Project #4171
Recommendation:
Staff recommends that the City Council award the Engineering Design Services Contract for the 2023 Annual Pavement Rehabilitation Project (Project No. 4171) to CSG Consultants, Inc. for the total amount of $ 110,100; authorize program expenditure up to $150,000 to include thirty six percent (36%) contingency; and authorize the City Manager to execute the contract on behalf of the City per Ordinance No. 2.55.105 subject to approval as to form by the City Attorney.
F.6. Award a Contract for the Construction of the federally funded projects to seismically retrofit Miner Road Bridge over San Pablo Creek (CIP # 0044) and Bear Creek Road Bridge over San Pablo Creek (CIP # 0087) to Gordon N. Ball Inc. of Alamo, CA.
Recommendation:
Staff recommends that City Council (1) award said contract for an amount of $1,425,213, (2) authorize the City Manager to administratively approve change orders not to exceed $213,800 (15% contingency); appropriate additional funding in the amount of $210,000 and (4) approve the design of said projects.
G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Continued Grazing Options for Fire Fuel Reduction at Orinda Oaks Park and Open Space
Recommendation:
Supplemental Sales Tax Oversight Commission Recommendation to Transition to Cattle Grazing and/or provide Other Direction.
City Council
Agenda Page 4 04.11.23
H.2. Taxpayer Protection and Government Accountability Act Resolution of Opposition
Recommendation:
Adopt a Resolution Opposing Initiative 21-0042A1 Taxpayer Protection and Government Accountability Act
H.3. Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025 Recommendation:
Review and Confirm Strategic Priorities for the City
H.4. Hybrid Meetings Implementation Options
Recommendation:
Commence Offering a Hybrid Option for City Council Meetings starting May 2, 2023, and Planning Commission starting June 2023 H.5. Commission Recruitment Update
Recommendation:
Consider appointment to the Planning Commission or provide direction to staff to set up interviews.
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 18, 2023 at 6:00 PM.
Please visit the City’s website at www.cityoforinda.org to view the City Council Calendar.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda has been posted at least 24 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way.
Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org. At least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ Notices ~
City Council
Agenda Page 5 04.11.23
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you file a challenge in Court, you may be limited by California law, including but not limited to Government Code §65009, to those issues raised in connection with the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary. Please contact the City Clerk’s Office, 22 Orinda Way, Orinda, Ca 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.
City Council
Staff Report
Agenda Item: F.1
Date: April 11, 2023
Department: Finance
AGENDA TITLE: Quarterly Report of Cash Disbursements for the Period October 1, 2022 through December 31, 2022 and Summary of Revenue, Expenditures, and Preliminary Fund Balances for July 1, 2022 through December 31, 2022 RECOMMENDATION:
Staff recommends that the City Council receive and file this report of cash disbursements, and preliminary fund balances for the period of October-December 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 October through December 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:
OCTOBER-DECEMBER 2022 DISBURSEMENTS
F.1
Packet Pg. 6
Type of Transaction Check #’s $ Amount (Incl.
Wires)
General Checks / Wires 67701-68154 5,922,895.60
Payroll 9540-9543 639,776.31
52530-52795
Payroll Tax Withholding Electronic 201,293.19
Retirement/Medical/Clipper Electronic 355,865.78
TOTAL 7,119,830.88
Payments / disbursements processed for the quarter including general accounts payable plus payroll and benefits totaled approximately $7.1 million. The General Accounts Payable payments totaled about $5.9 million. Approximately 71% of the general accounts payable were comprised of the following categories of expense: 1) Capital Project costs ($3,441,027), this included payment of $2,382,035 for the annual pavement projects, and 2) County contract services for Police, Library and Animal Control totaling $787,593.
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 August 16 to November 15, 2022 and the total expenditures made with credit cards was $47,931.
Report of Revenue / Expenditures and Fund Balances as of December 31, 2022 The following Table displays the activity for the second quarter (October through December 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 December 31, 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 December 31, 2022
F.1
Packet Pg. 7
CURRENT PERIOD 7/1/2022 YEAR TO DATE: Jul-Dec 12/31/2022 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 $ 5,359,586 $ 2,923,383 $ 11,938,533 $ 6,414,066 $ 7,223,692 $ 11,128,907 G.F. Measure L Sales Tax 54,306 669,412 3,127,430 57,432 778,764 2,406,097 Add-on Sales Tax Measure R 958,975 1,920,839 3,347,113 1,219,554 2,208,735 2,357,932 Gas Tax 237,134 597,227 569,307 367,351 624,070 312,588 Impact Fees 132,054 217,092 4,327,172 287,572 694,063 3,920,680 Grants 39,532 37,037 3,049,574 2,509,383 184,184 5,374,773 CCTA Funds 110,865 15,373 639,256 111,467 15,373 735,350 Road Maintenance Fund 321,567 17,114 881,430 645,811 422,095 1,105,147 Trust Funds 693 (11) 141,717 850 1,789 140,778
Maintenance Assessment Dist. 32,062 20,279 14,005 32,070 34,538 11,538 Stormwater Fund 497 91,222 135,529 592 173,193 (37,072) Library Fund 290,880 125,321 408,571 291,149 192,078 507,642 Wilder Community Facilities Dist. 151 118,741 447,916 151 142,316 305,751 Debt 1,576,053 - 2,405,737 1,577,051 2,114,329 1,868,459 Internal Service Funds 8,698 29,406 2,936,711 1,349,146 582,023 3,703,834 Road Emergency Stabilization 2,250 94,428 759,751 2,812 106,919 655,644 Other Capital Projects 137,593 426,474 2,008,872 137,793 720,868 1,425,797 TOTAL ALL FUNDS $ 9,262,896 $ 7,303,338 $ 37,138,624 $ 15,004,248 $ 16,219,028 $ 35,923,845 Total revenue recorded thus far for the second quarter was just under $9.3 million and total expenditures were approximately $7.3 million. The most significant revenue item was the semi-annual property tax revenue of $5.4 million which was received in December.
The Stormwater Fund shows a negative balance as of December 2022, due to lag in the receipt of funds from the Contra Costa County Public Works program. Based on the previous year the City did not receive its first payment until April.
As noted in the Table above, the total fund balance across all funds as of December 31st has decreased by approximately $1.2 million from the July 1, 2022 beginning balance of $37.1 million. The largest contributors for the decrease are Add-on Sales Tax Measure R ($1.0 million) and General Fund ($0.8 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. Payments of $1.8 million for the 2022 Annual Pavement Project was the major contributor for the decrease in Measure R Fund.
FISCAL IMPACT:
None
ATTACHMENTS:
A. October-December 2022 Check Listing
B. October-December 2022 Cal-Card Transactions
C. October-December 2022 Payroll Listing
Respectfully Submitted by:
Nancy Zhang
F.1
Packet Pg. 8
Prepared By: Nancy Zhang,
Approved by:
F.1
Packet Pg. 9
City of Orinda
Check/Voucher Register
From 10/1/2022 Through 12/31/2022
Check
Number Check Date Payee Check Amount Transaction Description 2126387 12/6/2022 U.S. BANK 105,121.88 DEC. 22 CERT. OF PARTICIPATION 67062 10/25/2022 CAFFE TEATRO LIBRARY (103.10) GROUNDBREAKING FOR COMM. CTR. SUPPLIES 67701 10/6/2022 T-MOBILE USA, Inc. 978.70 8-21/9-20-22 CELL PHONE SERVICE 67702 10/6/2022 Lisa Argue 552.50 AUG. SEPT. 22 SSTOC MINUTES 67703 10/6/2022 ASI AIR SYSTEMS INC 5,079.91 HVAC FAN REPAIR - LIBRARY 67704 10/6/2022 ASSOC OF BAY AREA GOVERNMENTS 4,850.00 OCT 22 NATURAL GAS SERVICE 67705 10/6/2022 AT&T 70.00 NUMBER TRACKING
67706 10/6/2022 AUTOMATED CONTROL INC 1,600.00 HVAC FLOW SENSOR REPAIR - LIBRARY 67707 10/6/2022 BAY ALARM COMPANY 430.50 10-1/12-31-22 ALARM SVC. 67708 10/6/2022 BAY AREA BARRICADE SERVICE 131.21 SAFETY GEAR 67709 10/6/2022 BERRY BROS. TOWING & TRANSPORT 250.00 TOWING CHARGES - VEHICLE 83 67710 10/6/2022 BIG O TIRES 3,921.80 BATTERY - VEHICLE 93 67711 10/6/2022 Branagh Custom Homes 8,960.78 REFUND FOR LANDSCAPE BOND - DRA2018-041 67712 10/6/2022 CALIFORNIA STATE DISBURSEMENT 46.14 9-30-22 GARNISHMENT 67713 10/6/2022 CALIFORNIA STATE DISBURSEMENT 356.76 9-30-22 GARNISHMENT 67714 10/6/2022 CCC EMPLOYMENT & HUMAN SERVICE 538.40 CHILDREN'S INTERVIEW CENTER, FY22-23 67715 10/6/2022 CCC GENERAL SERVICES DEPT 84.40 AUG. 22 TRAFFIC SIGNAL MAINT. 67716 10/6/2022 Treasurer of Contra Costa Coun 355,251.32 AUG. 22 POLICE SERVICES 67717 10/6/2022 CCC TAX COLLECTOR 1,421.70 2022-2023 PROPERTY TAX - GHAD ASSESSMENT 67718 10/6/2022 CINTAS CORPORATION 80.60 PW UNIFORMS
67719 10/6/2022 Comcast Business 1,477.20 9-13/10-12-22 SVC. 67720 10/6/2022 COMCAST 730.65 9-15/10-14-22 TELEPHONE TRUNK LINES 67721 10/6/2022 Concentra Medical Centers 310.00 PRE- EMPLOYMENT FOR PLNG. TECH. 67722 10/6/2022 COURT-ORDERED DEBT COLLECTIONS 100.00 9-30-22 GARNISHMENT 67723 10/6/2022 COWAN & THOMPSON CONSTRUCTION 8,040.00 GUARDRAIL REPAIR - GLORIETTA BLVD. 67724 10/6/2022 CSG CONSULTANTS 14,195.00 88 SUNNYSIDE MINOR SUB 67725 10/6/2022 DC ELECTRIC GROUP INC 5,232.29 AUG. 22 EXTRA WORK 67726 10/6/2022 DOJ ACCOUNTING SERVICES 183.00 AUG. 22 FINGERPRINT APPS. 67727 10/6/2022 EAST BAY TREE SERVICE 700.00 VEGETATION CLEARANCE - MINER ROAD 67728 10/6/2022 EBMUD 25,123.27 7-18/09-15-22 SVC.
67729 10/6/2022 ESCHAT 205.65 JUL-SEP. 22 MONTHLY SUBSCRIPTION 67730 10/6/2022 FASTRAK 14.00 BRIDGE TOLL
67731 10/6/2022 FRANCHISE TAX BOARD 86.90 9-30-22 GARNISHMENT 67732 10/6/2022 LISA HARPER 360.00 SEP 27, CITY COUNCIL MINUTES 67733 10/6/2022 IEDA 1,044.32 OCT. 22 LABOR RELATIONS CONSULTING FEES 67734 10/6/2022 KONICA MINOLTA BUSNSS SOLUTION 1,478.10 COPIER MAINT. 7-1/9-30-22 67735 10/6/2022 LEHR AUTO ELECTRIC 37.84 GETAC HARDWARE KIT 67736 10/6/2022 MII TRAINING INNOVATIONS, LLC 475.00 BASIC TRAFFIC COLLISON 67737 10/6/2022 Mikes Automotive Service 1,875.11 VEHICLE MAINT. - VEHICLE 84 67738 10/6/2022 MORAGA-ORINDA FIRE DISTRICT 587.40 SUPPLIES 67739 10/6/2022 MOUSER LAW FIRM, 667.00 SEPT. HR LEGAL SERVICES 67740 10/6/2022 Municipal Pooling Authority 2,415.34 JUL-SEPT., EAP PREMIUMS 67741 10/6/2022 NMS Labs 228.00 SPECIMEN HANDLING
67742 10/6/2022 P G & E 4,368.49 7-15/8-15-22 SVC.
67743 10/6/2022 PITNEY BOWES INC. 869.21 OCT - DEC. 22 POSTAGE METER 67744 10/6/2022 PITNEY BOWES PURCHASE POWER 1,224.49 JUL-SEP. POSTAGE METER RENTAL 67745 10/6/2022 Pro Tow Co. dba B&D Towing 935.13 TOWING & STORAGE CHARGES 67746 10/6/2022 SHUTE MIHALEY & WEINBERGER 242.20 AUG. 22 LEGAL FEES 67747 10/6/2022 STAPLES CONTRACT & COMMERCIAL 961.01 OFFICE SUPPLIES 67748 10/6/2022 STEVENS PRINTING 76.80 BUSINESS CARDS
67749 10/6/2022 Stuart House 100.00 REFUND SECURITY DEPOSIT 67750 10/6/2022 Total Compensation Systems,Inc 675.00 2ND INSTALLMENT ACTARIAL VALUATION 67751 10/6/2022 Tripepi, Smith and Associates 7,200.00 OCT. RETAINER 67752 10/6/2022 UNIVERSAL BUILDING SERVICES 840.00 AUG. 22 CITY HALL CLEANING 67753 10/6/2022 UNDERGROUND SERVICE ALERT 3,106.02 ANNUAL BILLABLE TICKETS 67754 10/6/2022 UNITED SITE SERVICES INC 3,076.96 CREDIT PICK-UP & DELIVERY FEES 67755 10/6/2022 VERIZON WIRELESS 944.61 8-11/9-10-22 CELL PHONE SERVICE 67756 10/6/2022 VISION SERVICE PLAN CA 545.90 OCT. 22 VISION SERVICE 67757 10/6/2022 Larry Wadford 1,716.00 INSTR. CONTRACT - MARTIAL ARTS F.1.a
Packet Pg. 10
Attachment: October-December 2022 Check Listing (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through December 2022) City of Orinda
Check/Voucher Register
From 10/1/2022 Through 12/31/2022
Check
Number Check Date Payee Check Amount Transaction Description 67758 10/6/2022 WALNUT CREEK FORD 1,355.72 VEHICLE 83, REPAIRS 67759 10/12/2022 ACCESS INFORMATION MANAGEMENT 559.19 OCT. 22 STORAGE DOCUMENTS 67760 10/12/2022 ACME FILL CORPORATION 610.80 DRAINAGE - YARD WASTE 67761 10/12/2022 AT&T 1,065.54 9-/10-3-22 SVC.
67762 10/12/2022 BAY AREA BARRICADE SERVICE 295.78 TRAFFIC CONTROL SIGNAGE 67763 10/12/2022 BOMAC'S INC. 174.00 BROKEN KEY REPAIR - COMM. CTR. 67764 10/12/2022 Briones Plumbing 6,605.00 BACKFLOW INSTALL - WILDER RANCH HOUSE 67765 10/12/2022 SPORTS SUPPLY GROUP INC 637.65 SOFTBALL BASES & MATS 67766 10/12/2022 VIOLETTA BURWELL 96.00 INSTR. CONTRACT - MODELING 67767 10/12/2022 California Consulting, Inc. 5,000.00 OCT. 22 GRANT WRITING SVCS. 67768 10/12/2022 SCOTT CHRISTIE 77.50 JUL-SEP 2022 MILEAGE 67770 10/12/2022 CINTAS CORPORATION 2,552.51 JANITORIAL SVCS. 67771 10/12/2022 COLE SUPPLY CO. 791.43 CLEANING RAGS
67772 10/12/2022 Depin Li 5,000.00 REFUND WMP DEPOSIT - 12 FROGS LEAP WAY 67773 10/12/2022 DIAMOND K SUPPLY 34.26 SAND PURCHASE
67774 10/12/2022 MORGAN DZIAD 1,042.80 INSTR. CONTRACT - BABYSITTING CLASS 67775 10/12/2022 ECOFERT INC 383.00 SEP 22 FERTIGATION SVCS. 67776 10/12/2022 FAST SIGNS 95.99 ENGRAVED NAME TAGS
67777 10/12/2022 F J KENNEDY AND ASSOCIATES INC 3,684.50 SEPT. 22 PROFESSIONAL SCVS. 67778 10/12/2022 WILSEY HAM 10,660.00 AUG. 22, 2021 ANNUAL PAVEMENT REHAB. PROJ. 67779 10/12/2022 HDL Software LLC 428.20 CONTRACT SERVICES 67780 10/12/2022 HDR ENGINEERING, INC. 610.00 8-28/9-24-22 GLORIETTA-RHEEM STORM DRAIN REPAIR 67781 10/12/2022 Christine Cordova Hendel 96.00 INSTR. CONTRACT - MODELING 67782 10/12/2022 JANET KAUFMAN 316.80 INSTR. CONTRACT - NIA CLASS 67783 10/12/2022 CHAT MINGKWAN 162.50 INSTR. CONTRACT - ASIAN VEGETARIAN 67784 10/12/2022 NBC Construction & Engineering 291,760.20 SOLAR BATTERY STORAGE ROOF REPLACEMENT - COMM.
CENTER
67785 10/12/2022 NBS GOVERNMENT FINANCE GROUP 3,224.02 10-1/12-31-22 LIBRARY PARCEL TAX ADMIN. 67786 10/12/2022 PRECISION IT CONSULTING 8,477.93 SEPT. 22 MONTHLY SUPPORT SERVICES 67787 10/12/2022 SCHAAF & WHEELER 28,973.39 ON-CALL SERVICES - SAN PABLO CREEK CULVERT
REPAIRS
67788 10/12/2022 San Francisco Bay Water Board 2,417.00 ORINDA GROUP 1 STORM DRAIN LINING PROJECT 67789 10/12/2022 STEVENS PRINTING 636.55 WINDOW ENVELOPES 67790 10/12/2022 Wildland Corporation 12,117.00 SEP. 22 CHIPPING SERVICES 67791 10/12/2022 PATRICIA TOMLINSON 8,013.23 INSTR. CONTRACT - BALLET 67792 10/12/2022 UNIVERSAL BUILDING SERVICES 6,849.00 JANITORIAL SVCS. 67793 10/12/2022 U S BANK CORPORATION 17,039.77 8-17/9-15-22 CREDIT CARD CHGS. 67794 10/12/2022 WEX INC 12,511.69 AUG. 22 GASOLINE CHGS. 67794 11/7/2022 WEX INC (12,511.69) AUG. 22 GASOLINE CHGS. 67795 10/20/2022 BASIC PVR 1,487.82 10-14-22 FLEX SPENDING 67796 10/20/2022 BAY CITIES PAVING & GRADING 557,525.98 SEPT. 22 2022 ANNUAL PAVEMENT REHAB. 67797 10/20/2022 BAY AREA NEWS GROUP EAST BAY 703.48 SEP 22 CLASSIFIED ADS 67798 10/20/2022 CALIFORNIA STATE DISBURSEMENT 46.14 10-14-22 GARNISHMENT 67799 10/20/2022 CALIFORNIA STATE DISBURSEMENT 356.76 GARNISHMENT 10-14 67800 10/20/2022 CONTRA COSTA COUNTY CLERK 50.00 CEQA NOTICE OF EXEMPTION - SAN PABLO CREEK
CULVERT REPAIR
67801 10/20/2022 CONTRA COSTA TRANSPORTATION 2,500.00 STREET LIGHT DATA & SERVICES SUBSCRIPTION 67802 10/20/2022 CINTAS CORPORATION 241.80 PW UNIFORMS
67803 10/20/2022 COUNTY ASPHALT LLC 269.71 ASPHALT PURCHASE 67804 10/20/2022 JEANNE DOWELL 1,006.60 INSTR. CONTRACT - YOGA CLASS 67805 10/20/2022 MARY JANE DUTHIE 37.08 REFUND OF DROP IN PASSES 67806 10/20/2022 EBMUD 560.89 8-9/10-6-22 SCVS.
67807 10/20/2022 FRANCHISE TAX BOARD 86.90 10-14-22 GARNISHMENT 67808 10/20/2022 FUTURE FORD OF CONCORD 185.00 VEHICLE REPAIR - '14 FORD F-250 67809 10/20/2022 Habitot Children's Museum 100.00 REFUND OF SECURITY DEPOSIT 67810 10/20/2022 LISA HARPER 570.00 OCT. 11, CITY COUNCIL MINUTES 67811 10/20/2022 HEALTH CARE EMPLOYEES 2,892.42 NOV. 22 DENTAL PREMIUMS 67812 10/20/2022 Interwest Consulting Group,Inc 5,248.75 APR. 22 CONTRACTOR PLANNER SERVICES 67813 10/20/2022 LCC ENGINEERING & SURVEYING 660.00 SEP. 22, BROOKWOOD ROAD STUDY PROJ.
F.1.a
Packet Pg. 11
Attachment: October-December 2022 Check Listing (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through December 2022) City of Orinda
Check/Voucher Register
From 10/1/2022 Through 12/31/2022
Check
Number Check Date Payee Check Amount Transaction Description 67814 10/20/2022 P G & E 24,964.23 8-23/9-21-22 SVCS.
67815 10/20/2022 PlaceWorks, Inc. 3,019.20 SEP. 22, CREEK RESTORATION PLNG. SERVICES 67816 10/20/2022 STEVENS PRINTING 77.60 BUSINESS CARDS
67817 10/20/2022 VALENTINE CORPORATION 107,759.45 SEP 22, LAVENIDA CULVERT REPAIR PROJECT 67818 10/20/2022 W TRANS 7,602.04 STOP SIGN WARRANTS STUDY 67819 10/26/2022 T-MOBILE USA, Inc. 50.00 TIMING ADVANCE 67820 10/26/2022 Lisa Argue 195.00 OCT. 12 SSTOC MEETING MINUTES 67821 10/26/2022 ASI AIR SYSTEMS INC 625.00 AC SERVICE REPAIR - RM. 2 COMM. CTR. 67822 10/26/2022 BAY ALARM COMPANY 1,337.26 9-1/12-1-22 ALARM SVCS. 67823 10/26/2022 Christopher Paul Beasley 1,397.50 INSTR. CONTRACT - CARPENTRY 67824 10/26/2022 BIG O TIRES 1,454.45 BRAKES & TIRES - VEHICLE 91 67825 10/26/2022 BOMAC'S INC. 3,316.00 DOOR REPAIR - LIBRARY 67826 10/26/2022 COREY BRADY 96.00 10-18, MODELING SVCS. 67827 10/26/2022 CAFFE TEATRO LIBRARY 103.10 GROUNDBREAKING FOR COMM. CTR. SUPPLIES 67828 10/26/2022 COUNTY TREASURER 38,013.00 2ND QTR. ANIMAL CONTROL SVCS. 67829 10/26/2022 CCC SANITARY DISTRICT 16,751.02 7-01-2021 THRU 6-30-2022 WILDER PUMP STATION FEES 67830 10/26/2022 Treasurer of Contra Costa Coun 8,770.00 FY 22/23 ARIES MAINTENANCE 67831 10/26/2022 CCC SHERIFF FORENSIC SERVICE 5,945.00 8-1/8-31-22 FORENSIC SVCS. 67833 10/26/2022 CINTAS CORPORATION 2,450.90 CLEANING SVCS. 67834 10/26/2022 Comcast Business 1,477.20 10-13/11-12 SVCS. 67835 10/26/2022 Connect Tek of Ca Inc 175.00 REPAIR ACCESS CONTROL SYSTEM 67836 10/26/2022 DELTA FENCE COMPANY INC. 5,041.00 CHAIN LINK FENCE 67837 10/26/2022 DOG DYNAMICS INC 5,200.00 INSTR. CONTRACT - DOG OBEDIANCE 67838 10/26/2022 DOJ ACCOUNTING SERVICES 205.00 SEP. 22 FINGERPRINT APPS. 67839 10/26/2022 DOLAN'S OF CONCORD 1,912.74 LUMBER - COMM. PARK STAIR REPAIR 67840 10/26/2022 FAST SIGNS 374.05 BANNER - HOLIDAY TREE LIGHTING 67841 10/26/2022 ANDREA GASPARI 1,605.00 INSTR. CONTRACT - GYMNASTICS 67842 10/26/2022 GENERAL PLUMBING SUPPLY CO. 170.47 PLUMBING SUPPLIES 67843 10/26/2022 GURUS EDUCATION 157.50 INSTR. CONTRACT - PUBLIC SPEAKING CLASS 67844 10/26/2022 LISA HARPER 270.00 10-18-22 CITY COUNCIL MINUTES 67845 10/26/2022 Stephanie Hendrikson 61.80 REFUND OF NIA PASSES 67846 10/26/2022 IIMC 210.00 MEMBERSHIP RENEWAL THRU 12-31-2023 67847 10/26/2022 LORI HOPE IZABELLE 96.00 INSTR. CONRACT - FRENCH VIRTUAL CLASS 67848 10/26/2022 KR Electric, Inc. 7,942.33 LIGHTING CONTROL SYSTEM 67849 10/26/2022 Derrick B. Leonard 30.00 VIRTUAL SPANISH CLASS 67850 10/26/2022 Debbie Madison 480.00 9-7/10-19-22 SEWING CLASS 67851 10/26/2022 MCE CORPORATION 36,530.67 SEP. 22 LANDSCAPE SVCS. 67852 10/26/2022 Mikes Automotive Service 1,202.92 VEHICLE REPAIR - VEHICLE #90 67853 10/26/2022 MITYLITE INC 4,894.03 BANQUET TABLES
67854 10/26/2022 MEHRAN MOJTAHEDI 276.50 INSTR. CONTRACT - JUJITSU 67855 10/26/2022 OTIS ELEVATOR COMPANY 9,750.00 HYDRAULIC OIL CHANGE 67856 10/26/2022 Pestfinders Pest & Termite Svc 725.00 PEST CONTROL - CITY HALL 67857 10/26/2022 P G & E 632.36 9-15/10-13-2022 SVC.
67858 10/26/2022 Gruendl Inc dba Ray's Electric 12,856.40 PAY EST #6, CAMINO PABLO BIKE ROUTE 67859 10/26/2022 StarChase LLC 2,500.00 8-22/8-23, SOFTWARE SUBSCRIPTION 67860 10/26/2022 TAPCO, INC. 1,946.25 TRAFFIC CONTROL SIGNAGE - REVERSE LANE 67861 10/26/2022 TEAMSTERS LOCAL UNION 856 1,541.00 OCT. 22 (PASS THRU DUES) 67862 10/26/2022 Richard H. Thompson 1,500.99 REIMBURSEMENT - APPC EXPENSES 67863 10/26/2022 UNIVERSAL BUILDING SERVICES 1,945.00 COMM. CTR. WINDOW WASHING 67864 10/26/2022 UNITED SITE SERVICES INC 1,307.60 10-5/11-1-22, PORTABLE RENTAL 67865 10/26/2022 VERIZON WIRELESS 944.09 9-11/10-10-2022, CELL PHONE SVCS. 67866 10/26/2022 VISION SERVICE PLAN CA 556.59 NOV. 22 VISION PREMIUMS 67867 10/26/2022 West Coast Energy Systems LLC 450.00 CITY HALL - GENERATOR SERVICE 67868 11/4/2022 ADVANCE TITLE RESEARCH 150.00 TITLE RESEARCH - 24 SLEEPY HOLLOW LN. 67869 11/4/2022 ANCHOR ENGINEERING INC 34,577.00 AUG. 22 MORAGA WY PATHWAY 67870 11/4/2022 VERY NICE POOLS 258.41 OCT. 22 SERVICE
67871 11/4/2022 BASIC PVR 1,487.82 10-28-22 FLEX SPENDING 67872 11/4/2022 BAY ALARM COMPANY 2,763.24 11-22/2-1-2023 CAMERA SYSTEM 67873 11/4/2022 CALIFORNIA STATE DISBURSEMENT 356.76 10-28 GARNISHMENT F.1.a
Packet Pg. 12
Attachment: October-December 2022 Check Listing (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through December 2022) City of Orinda
Check/Voucher Register
From 10/1/2022 Through 12/31/2022
Check
Number Check Date Payee Check Amount Transaction Description 67874 11/4/2022 CALIFORNIA STATE DISBURSEMENT 46.14 10-28-22 GARNISHMENT 67875 11/4/2022 CCC GENERAL SERVICES DEPT 83.35 SEP 22 TRAFFIC SIGNAL MAINT. 67876 11/4/2022 CSG CONSULTANTS 23,420.00 ENGR. SVCS - J & J RANCH 67877 11/4/2022 CSW/Stuber-Stroeh Engineering 1,620.00 ON-CALL ENGR. SERVICES - ORINDA RED FLAG PARKING 67878 11/4/2022 DC ELECTRIC GROUP INC 5,583.94 CCTA INVENTORY 67879 11/4/2022 DeSilva Gates Construction, LP 57,555.56 AUG. 22 ANNUAL PAVEMENT REHAB. 67880 11/4/2022 ANDREW DIEFENBACH 2,199.40 INSTR. CONTRACT - PICKLEBALL 67881 11/4/2022 EBMUD 25,530.03 5-18/7-18-22 SVC.
67882 11/4/2022 ECONOMIC & PLANNING SYSTEMS 13,957.50 SEP. 22 HOUSING ELEMENT 67883 11/4/2022 FAST SIGNS 97.25 CORRUGATED SIGN
67884 11/4/2022 FOLGER GRAPHICS 1,570.00 NOV. 22 ORINDA WAY NEWSLETER 67885 11/4/2022 FRANCHISE TAX BOARD 86.90 10-28 GARNISHMENT 67886 11/4/2022 GRANICUS INC 1,359.60 NOV. 22 AGENDA MEETING SOFTWARE 67887 11/4/2022 WILSEY HAM 14,325.81 MAY 22, 2021-22 MORAGA WAY PATHWAY 67888 11/4/2022 LSA ASSOCIATES INC 390.00 ON- CALL ENGR. SVCS. - MINER RD SINKHOLE 67889 11/4/2022 MIKSIS SERVICES INC 10,100.00 ANNUAL DRAINAGE - DONNA MARIA WY 67890 11/4/2022 MM Communications Inc. 640.00 CABLING FOR CAMERA 67891 11/4/2022 MOUSER LAW FIRM, 435.00 OCT 22 LEGAL SERVICES 67892 11/4/2022 Municipal Pooling Authority 2,041.90 NOV. 22 LTD/LIFE INSURANCE 67893 11/4/2022 ORINDA ASSOCIATION 600.00 NOV. 22 INSERT - THE ORINDA WY 67894 11/4/2022 Orinda Intermediate Parents Cl 80.99 REFUND OF SECURITY DEPOSIT - ART & GARDEN CENTER 67895 11/4/2022 ORINDA SHELL AUTO CARE 98.73 VEHICLE REPAIR - TRAFFIC ENFORCEMENT VEHICLE 67896 11/4/2022 PARK ENGINEERING 75,517.91 10-01-12-31-21, ORINDA WY PAVEMENT REHAB. 67897 11/4/2022 P G & E 3,582.28 9-2/10-3-22 SVC.
67898 11/4/2022 PlaceWorks, Inc. 27,162.60 SEPT. 22 PROFESSIONAL SERVICES 67899 11/4/2022 PRECISION IT CONSULTING 74.99 SEP 22 SOFTWARE RENEWAL 67900 11/4/2022 RINCON CONSULTANTANTS, INC 36,310.10 AUG. 22 DOWNTOWN PRECISE PLAN 67901 11/4/2022 ROBERT FERGUSON 483.00 INSTR. CONTRACT - SKATEBOARDING 67902 11/4/2022 SCHAAF & WHEELER 14,150.04 DRAINAGE MAINT. - SAN PABLO CREEK CULVERT 67903 11/4/2022 SHUTE MIHALEY & WEINBERGER 58,775.00 SEP 22 LEGAL FEES 67904 11/4/2022 STAPLES CONTRACT & COMMERCIAL 328.06 OFFICE SUPPLIES 67905 11/4/2022 WALKER STAPLES 96.00 10-25-22 MODELING SERVICE 67906 11/4/2022 TJKM TRANSPORTATION 9,418.21 ON-CALL TRAFFIC ENGINEERING 67907 11/4/2022 Erica Danielle Washington 96.00 MODELING SERVICE 10-11-22 67908 11/15/2022 T-MOBILE USA, Inc. 890.68 NOV. 22 CELL PHONE SERVICE 67909 11/15/2022 ACCESS INFORMATION MANAGEMENT 545.16 NOV. 22 STORAGE DOCUMENTS 67910 11/15/2022 ACME FILL CORPORATION 460.80 DRAINAGE - YARD WASTE 67911 11/15/2022 ASSOC OF BAY AREA GOVERNMENTS 5,149.93 NOV. 22 NATURAL GAS SVCS. 67912 11/15/2022 BASIC PVR 1,487.82 11-10-22 FLEX SPENDING 67913 11/15/2022 Battalion One Fire Protection 1,360.00 QTRLY FIRE SPRINKLER INSPECTION 67914 11/15/2022 BIG O TIRES 2,953.74 VEHICLE 89 - BRAKES & TIRES 67915 11/15/2022 California Consulting, Inc. 5,000.00 NOV. 22 GRANT WRITING SERVICES 67916 11/15/2022 CALIFORNIA STATE DISBURSEMENT 46.14 11-10-22 GARNISHMENT 67917 11/15/2022 CALIFORNIA STATE DISBURSEMENT 356.76 11-10-22 GARNISHMENT 67918 11/15/2022 CONTRA COSTA COUNTY DOIT 833.31 AUG. 22 TELECOMMUNICATIONS SVCS. 67919 11/15/2022 CCC PUBLIC WORKS DEPT 88.90 BUSINESS CARDS 67920 11/15/2022 Treasurer of Contra Costa Coun 2,182.50 SEP 22 FORENSIC SERVICES 67921 11/15/2022 CCC TAX COLLECTOR 107.52 2022-2023 CORRECTED PROPERTY TAX 67922 11/15/2022 CINTAS CORPORATION 1,061.72 CLEANING SERVICE 67923 11/15/2022 DEPT. OF TRANSPORTATION 6,159.24 JULY - SEPT. 2022, TRAFFIC SIGNS/LIGHTS 67924 11/15/2022 EAGLE BUSINESS FORMS 2,280.76 PARKING VIOLATION FORMS 67925 11/15/2022 EAST BAY BLUE PRINT 42.50 8-13/9-12-22, SERVICE CONTRACT 67926 11/15/2022 EAST BAY TREE SERVICE 6,700.00 TREE TRIMMING FOR ROAD CLEARANCE 67927 11/15/2022 EBMUD 8,477.57 8-26/10-25-22 SVC.
67928 11/15/2022 ECOFERT INC 383.00 OCT. 22 FERTIGATION SVCS. 67929 11/15/2022 FRANCHISE TAX BOARD 86.90 11-10-22 GARNISHMENT 67930 11/15/2022 LISA HARPER 765.00 11-1-22 CITY COUNCIL MINUTES 67931 11/15/2022 CHRIS HARRICK 1,417.50 INSTR. CONTRACT - WRESTLING 67932 11/15/2022 HEALTH CARE EMPLOYEES 2,892.42 DEC. 22 DENTAL PREMIUMS F.1.a
Packet Pg. 13
Attachment: October-December 2022 Check Listing (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through December 2022) City of Orinda
Check/Voucher Register
From 10/1/2022 Through 12/31/2022
Check
Number Check Date Payee Check Amount Transaction Description 67933 11/15/2022 McDonnell Moraga Nursery Corp 896.88 CAFE TEATRO PATIO PLANTS 67934 11/15/2022 VIRGINIA H MEGLEY 207.00 INSTR. CONTRACT - BALLET 67935 11/15/2022 Mikes Automotive Service 98.50 REPAIRS - VEHICLE 90 67936 11/15/2022 OTIS ELEVATOR COMPANY 371.00 NOV 22 ELEVATOR MAINT. 67937 11/15/2022 KEVIN REIMER 405.67 REFUND OVER PAYMENT, 513 MINER RD 67938 11/15/2022 VEERA SANJANA 3,304.00 INSTR. CONTRACT - YOGA CLASS 67939 11/15/2022 SHUTE MIHALEY & WEINBERGER 50.40 SEPT 22 LEGAL FEES 67940 11/15/2022 Z SPORTZ INC 8,196.00 INSTR. CONTRACT - SKYHAWKS 67941 11/15/2022 STAPLES CONTRACT & COMMERCIAL 364.49 OFFICE SUPPLIES 67942 11/15/2022 WALKER STAPLES 96.00 11-1-22, MODELING SVCS. 67943 11/15/2022 Wildland Corporation 12,965.50 OCT. 22 CHIPPING SERVICES 67944 11/15/2022 PATRICIA TOMLINSON 8,500.00 INSTR. CONTRACT - BALLET 67945 11/15/2022 Larry Wadford 1,347.00 INSTR. CONTRACT - MARTIAL ARTS 67946 11/15/2022 WEX INC 12,486.80 OCT. 22 GASOLINE CHGS. 67947 11/15/2022 WORLD CUP SOCCER CAMPS 1,045.80 INSTR. CONTRACT - SOCCER CLASS 67948 11/17/2022 ANYTHING MAINTENANCE 600.00 TENNIS COURT PICKLEBALL LINE PAINTING 67949 11/17/2022 AT&T 993.87 10-4/11-3-22 SVCS.
67950 11/17/2022 VERY NICE POOLS 237.21 NOV. 22 SERVICES 67951 11/17/2022 CAROLIN BUSCH 494.40 REFUND CAMP CLASSES 67952 11/17/2022 CCC SANITARY DISTRICT 21,590.40 ANNUAL SEWER SERVICE CHARGE 67953 11/17/2022 Central Pacific Engineering 4,080.68 PAY EST #2, CATHERINE CT/MARTHA ROAD TRAIL 67954 11/17/2022 CINTAS CORPORATION 3,177.45 CLEANING SVCS. 67955 11/17/2022 Comcast Business 1,475.18 11-13/12-12-22 SVCS. 67956 11/17/2022 DIAMOND K SUPPLY 67.60 PLANTING MIX
67957 11/17/2022 EBMUD 17,322.34 8-29/10-26-22 SVCS.
67958 11/17/2022 FAR WESTERN TROPHY AWARD 713.28 EMPLOYEE SERVICE AWARDS 67959 11/17/2022 FRIENDS OF ORINDA CREEKS 50,742.00 SAN PABLO CREEK RESTORATION GRANT PAYMENT 67960 11/17/2022 RUEBEN GERK 42.50 MILEAGE FOR 11-10 &11-12-22 67961 11/17/2022 HDL COREN & CONE 795.00 2021-22 ACFR STATISTICAL PACKAGE 67962 11/17/2022 Christine Cordova Hendel 96.00 11-9-22 MODELING SERVICE 67963 11/17/2022 Ricky Hernandez 18.75 11-10-22 MILEAGE 67964 11/17/2022 IEDA 1,044.32 NOV. 22 LABOR RELATIONS CONSULTING FEES 67965 11/17/2022 LEAGUE OF CALIFORNIA CITIES 50.00 10-28-22 EAST BAY MEETING 67966 11/17/2022 MAZE & ASSOCIATES 10,039.00 OCT. 22, SERVICES FOR AUDIT YE 6-30 67967 11/17/2022 MID-COUNTY OFFICIALS NETWORK 7,089.50 SEPT. & OCT. SOCCER REFERREES 67968 11/17/2022 THE MUSIC COMPANY 578.34 TECH. SUPPORT 67969 11/17/2022 ORINDA HISTORICAL SOCIETY 75.00 REFUNDING LEASE PAYMENT FOR NOV. 22 PAID TWICE 67970 11/17/2022 OTIS ELEVATOR COMPANY 10,000.00 FUEL IMPACT FEES 67971 11/17/2022 Pestfinders Pest & Termite Svc 725.00 PEST CONTROL 67972 11/17/2022 P G & E 10,897.11 9-23/10-21-22 SVCS.
67973 11/17/2022 PlaceWorks, Inc. 2,325.35 CREEK RESTORATION PLNG. SVCS. 67974 11/17/2022 PRECISION IT CONSULTING 9,935.48 OCT. 22 SUPPORT SERVICES 67975 11/17/2022 RINCON CONSULTANTANTS, INC 6,251.68 OCT 22 DOWNTOWN PRECISE PLAN 67976 11/17/2022 SEALING & BOLTING TECHNOLOGIES 1,124.76 REFUND PROJECT EXC-2017-016 67977 11/17/2022 STEVENS PRINTING 71.34 BUSINESS CARDS
67978 11/17/2022 TEAMSTERS LOCAL UNION 856 1,541.00 NOV. 22 PASS THRU DUES 67979 11/17/2022 UNIVERSAL BUILDING SERVICES 6,849.00 CLEANING SVCS. 67980 11/17/2022 UNITED SITE SERVICES INC 1,033.98 ADA PORTABLE RENTAL 67981 11/17/2022 U S BANK CORPORATION 13,724.47 9-15/10-15-22 CREDIT CARD CHGS. 67982 11/17/2022 VIRGINIA VU 247.20 REFUND OF GARDEN CAMPS 67983 11/17/2022 JING YANG 1,343.60 REFUND PROJECT EXC-2022-019 67984 12/7/2022 1ST IMPRESSION CONSTRUCTION 3,950.00 SYNTHETIC FIELD MAINTENANCE 67985 12/7/2022 T-MOBILE USA, Inc. 1,709.20 NOV. 22 CELL PHONE SERVICE 67986 12/7/2022 ABSOLUTE PLUMBING 10,149.00 CITY HALL LEAK 67987 12/7/2022 ACCESS INFORMATION MANAGEMENT 559.19 DEC 22 STORAGE DOCUMENTS 67988 12/7/2022 AppleOne Employment Services 3,617.28 W/E 8-20-22, CLERICAL ASSIST. 67989 12/7/2022 ARAMARK 156.20 JANITORIAL SUPPLIES
67990 12/7/2022 ASI AIR SYSTEMS INC 1,498.44 HVAC WIRE REPAIR SVCS. 67991 12/7/2022 Axon Enterprises, Inc. 20,988.99 DYNAMIC BUNDLE 3RD YR F.1.a
Packet Pg. 14
Attachment: October-December 2022 Check Listing (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through December 2022) City of Orinda
Check/Voucher Register
From 10/1/2022 Through 12/31/2022
Check
Number Check Date Payee Check Amount Transaction Description 67992 12/7/2022 BASIC PVR 1,487.82 11-25 FLEX SPEND
67993 12/7/2022 Battalion One Fire Protection 5,980.00 FIRE SPRINKLER INSPECTION 67994 12/7/2022 BAY ALARM COMPANY 2,329.77 12-1/3-1-2023 ALARM SVCS. 67995 12/7/2022 BAY AREA BARRICADE SERVICE 197.55 TRAFFIC CONTROL SIGNAGE 67996 12/7/2022 Christopher Paul Beasley 1,755.00 INSTR. CONTRACT - CARPENTRY CAMPS 67997 12/7/2022 Briones Plumbing 3,280.00 CITY HALL EXCAVATION DRAIN 67998 12/7/2022 CALIFORNIA STATE DISBURSEMENT 46.14 11-25-22 GARNISHMENT 67999 12/7/2022 CALIFORNIA STATE DISBURSEMENT 356.76 11-25-22 GARNISHMENT 68000 12/7/2022 MYEVE CAPOZZI 2,448.00 INSTR. CONTRACT - GLEE CLUB 68001 12/7/2022 CCC LIBRARY ADMINISTRATION 38,053.13 JUL-SEPT 22 LIBRARY SERVICE 68002 12/7/2022 CCC POLICE CHIEF'S ASSOCIATION 1,637.50 2023 COUNTY CHEIF'S WORKSHOP 68003 12/7/2022 Treasurer of Contra Costa Coun 339,377.69 OCT. 22 POLICE SVCS. 68006 12/7/2022 CINTAS CORPORATION 2,947.45 CLEANING SERVICE 68007 12/7/2022 COLE SUPPLY CO. 40.70 TRASH LINERS
68008 12/7/2022 COMCAST 347.93 11-15/12-14-22 TELEPHONE TRUNK LINES 68009 12/7/2022 CONCORD UNIFORMS LLC 519.94 UNIFORMS
68010 12/7/2022 CPRS 705.00 MEMBERSHIP DUES - T.TRIMBLE 68011 12/7/2022 CSG CONSULTANTS 39,305.00 88 SUNNYSIDE MINER SUB 68012 12/7/2022 ANDREW DIEFENBACH 1,512.00 INSTR. CONTRACT - PICKLEBALL 68013 12/7/2022 DOJ ACCOUNTING SERVICES 930.00 OCT 22 FINGERPRINTING SVCS. 68014 12/7/2022 EAST BAY TREE SERVICE 2,900.00 TREE REMOVAL - SPRING RD. 68015 12/7/2022 EBMUD 17,861.94 7-18/11-14-22 SVC.
68016 12/7/2022 ECOFERT INC 383.00 NOV. 22 FERTIGATION SVCS. 68017 12/7/2022 E.E. GILBERT CONSTRUCTION INC. 283,625.72 10-1/10-27-22 CAM. SOBRANTE RETAINING WALL 68018 12/7/2022 EXPERT TREE SERVICE 14,920.00 TREE REMOVAL - CITY PROPERTY 68019 12/7/2022 FASTRAK 22.00 BRIDGE TOLL
68020 12/7/2022 FAST SIGNS 176.57 CORRUGATED SIGN
68021 12/7/2022 FORENSIC SERVICES DIVISION 496.86 FORENSIC SERVICES 68022 12/7/2022 FRANCHISE TAX BOARD 86.90 11-25-22 GARNISHMENT 68023 12/7/2022 GRANICUS INC 3,712.60 AGENDA MTG. SOFTWARE FOR DEC. 22 68024 12/7/2022 CAROL GRIFFIN 2,187.50 INSTR. CONTRACT - BRIDGE CLASS 68025 12/7/2022 LISA HARPER 780.00 NOV. 15, 2022 CITY COUNCIL MINUTES 68026 12/7/2022 Christine Cordova Hendel 96.00 11-29-22 MODELING SERVICE 68027 12/7/2022 Interwest Consulting Group,Inc 4,150.00 CONTRACT PLNNR. SERVICES 68028 12/7/2022 JANET KAUFMAN 506.40 INSTR. CONTRACT - NIA CLASS & DROP IN PASSES 68029 12/7/2022 KENNEDY AND ASSOCIATES 233.00 NPDES SERVICES 68030 12/7/2022 LSA ASSOCIATES INC 1,230.00 ON-CALL ENGR. SVCS- MINER RD SINKHOLE 68031 12/7/2022 SUSAN MCALLISTER 1,815.00 INSTR. CONTRACT - ART CAMP 68032 12/7/2022 MCE CORPORATION 30,681.90 OCT. 22 LANDSCAPING SVCS. 68033 12/7/2022 NATIONAL RECREA. & PARK ASSOC. 180.00 NRPA MEMBERSHIP FOR 2023 68034 12/7/2022 ORINDA HARDWARE & RENTAL 13.61 NUTS & BOLTS 68035 12/7/2022 OTIS ELEVATOR COMPANY 371.00 DEC. 22 ELEVATOR MAINT. 68036 12/7/2022 PARK ENGINEERING 14,331.59 JUL-SEP. 2022, COMM. CTR SOLAR 68037 12/7/2022 P G & E 10,164.14 10-14/11-14-22 SVC.
68038 12/7/2022 PITNEY BOWES INC. 4,013.18 PURCHASED DOCUMENT & ENVELOPE INSERTERS 68039 12/7/2022 PUSHING FOR PEACE 630.00 INSTR. CONTRACT - TAI CHI 68040 12/7/2022 MICHAEL REAVES 923.99 REFUND PROJECT EXC2022-018 68041 12/7/2022 LYNDA KAY REXROAT 2,016.00 INSTR. CONTRACT - COOKING CAMPS 68042 12/7/2022 CITY OF RICHMOND 55.00 MAYOR'S CONFERENCE 68043 12/7/2022 SCHAAF & WHEELER 27,957.33 ON-CALL SERVICES - SAN PABLO CULVERT 68044 12/7/2022 SHUTE MIHALEY & WEINBERGER 41,473.33 OCT 22 LEGAL FEES 68045 12/7/2022 Z SPORTZ INC 6,079.95 INSTR. CONTRACT - SKY HAWKS 68046 12/7/2022 STAPLES CONTRACT & COMMERCIAL 263.77 SUPPLIES 68047 12/7/2022 CA DEPT OF FISH & WILDLIFE 5,748.75 STEAMBED ALTER. AGREEMENT 68048 12/7/2022 CA DEPT OF FISH & WILDLIFE 5,849.00 ADDITIONAL APPLICATION FEE 68049 12/7/2022 San Francisco Bay Water Board 2,417.00 401 WATER QUAL. CERT/PERMIT 68050 12/7/2022 PATRICIA TOMLINSON 8,500.00 INSTR. CONTRACT - BALLET 68051 12/7/2022 UNIVERSAL BUILDING SERVICES 840.00 GYM CLEANING 68052 12/7/2022 VISION SERVICE PLAN CA 556.59 DEC. 22 VISION SERVICES F.1.a
Packet Pg. 15
Attachment: October-December 2022 Check Listing (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through December 2022) City of Orinda
Check/Voucher Register
From 10/1/2022 Through 12/31/2022
Check
Number Check Date Payee Check Amount Transaction Description 68054 12/15/2022 ABSOLUTE PLUMBING 3,302.25 STORM DRAIN INVENTORY - 21 SILVERWOOD 68055 12/15/2022 Lisa Argue 455.00 NOV. 9, 2022, SSTOC MTG. 68056 12/15/2022 AT&T 972.46 11-4/12-3-22 SVC.
68057 12/15/2022 ATG LIGHTING INC 2,987.00 HOLIDAY TREE LIGHTING EVENT 68058 12/15/2022 Atlas Technical Consultants 5,287.50 SOILS PEER REVIEW 68059 12/15/2022 BAY CITIES PAVING & GRADING 1,680,775.44 ANNUAL PAVEMENT REHAB. & MORAGA WY 68060 12/15/2022 BAY AREA NEWS GROUP EAST BAY 474.72 CLASSIFIED ADS 68061 12/15/2022 California Consulting, Inc. 5,000.00 DEC. 22 GRANT WRITING SERVICES 68062 12/15/2022 CCC GENERAL SERVICES DEPT 72.11 OCT. 22 TRAFFIC SIGNAL MAINT. 68063 12/15/2022 CINTAS CORPORATION 1,688.84 CLEANING SVCS. 68064 12/15/2022 CONTRA COSTA COUNTY RECORDER 50.00 CEQA NOTICE OF EXEMPTION 68065 12/15/2022 COWAN & THOMPSON CONSTRUCTION 10,113.00 CAMINO SOBRANTE - SIDEWALK REPAIR 68066 12/15/2022 DIAMOND K SUPPLY 65.25 TOP SOIL
68067 12/15/2022 DOG DYNAMICS INC 6,080.00 INSTR. CONTRACT - DOG DYNAMICS 68068 12/15/2022 JEANNE DOWELL 1,008.00 INSTR. CONTRACT - YOGA CLASS 68069 12/15/2022 DEWBERRY ENGINEERS INC. 6,491.09 OCT. 22 CAMINO SOBRANTE RETAINING WALL 68070 12/15/2022 EAST BAY BLUE PRINT 42.50 10-13/11-12-22 MONTHLY CONTRACT SVCS. 68071 12/15/2022 STEVE ECKLUND 22.50 12-10-22 MILEAGE
68072 12/15/2022 E.E. GILBERT CONSTRUCTION INC. 201,557.60 11-11/11-18-22 CAM. SOBRANTE RETAINING WALL 68073 12/15/2022 EMPLOYMENT DEVELOPMENT DEPT. 3,002.00 U I INSURANCE FOR 3RD QTR. 2022 68074 12/15/2022 IRINA ESTRING 96.00 12-6-22 MODELING FEE 68075 12/15/2022 FASTRAK 35.00 BRIDGE TOLL
68076 12/15/2022 FISHER GEOTECHNICAL 30,618.27 ENGR. SERVICES 68077 12/15/2022 FOLGER GRAPHICS 521.31 BOOKLET PRINTING 68078 12/15/2022 GCS ENVIRONMENTAL EQUIPMENT SE 2,612.48 VEHICLE MAINTENANCE - SWEEPER 68079 12/15/2022 GEO OPTIONS, INC 570.70 DRAINAGE MAINT. SUPPLIES 68080 12/15/2022 RUEBEN GERK 42.50 12-9 & 12-10 MILEAGE 68081 12/15/2022 LISA HARPER 525.00 DEC 6, CITY COUNCIL MINUTES 68082 12/15/2022 HARRIS & ASSOCIATES 805.00 JUL 22 CAMINO PABLO BICYCLE ROUTE 68083 12/15/2022 Ricky Hernandez 56.25 12-10 &12-11 MILEAGE 68084 12/15/2022 HINDERLITER DE LLAMAS 1,253.23 OCT - DEC 22, CONTRACT SERVICES 68085 12/15/2022 Nathan Hyun 4,766.18 REFUND COMPLETED PROJECT DRA-2017-011 68086 12/15/2022 IEDA 1,044.32 DEC 22 LABOR RELATIONS
68087 12/15/2022 JAF ASSOCIATES, INC. 2,016.00 INSTR. CONTRACT - TENNIS CLASSES 68088 12/15/2022 KONE Pasadena 646.40 ELEVATOR MAINT. 12-14/2-28-23 68089 12/15/2022 Derrick B. Leonard 40.00 INSTR. CONTRACT - SPANISH CLASS 68090 12/15/2022 SUSAN MCALLISTER 1,628.00 INSTR. CONTRACT - ART CLASSES 68091 12/15/2022 MOUSER LAW FIRM, 464.00 NOV. 22 HR LEGAL SERVICES 68092 12/15/2022 KRIS MUELLER 7,300.05 INSTR. CONTRACT - MUSICAL THEATER 68093 12/15/2022 P G & E 3,528.80 10-14/11-14-22 SVC.
68094 12/15/2022 PlaceWorks, Inc. 27,360.24 OCT. 22 HOUSING ELEMENT & SAFETY ELEMENT 68095 12/15/2022 PLAY-WELL TEKNOLOGIES 3,240.00 INSTR. CONTRACT - LEGO CAMPS 68096 12/15/2022 Gruendl Inc dba Ray's Electric 35,647.31 RETENTION RELEASE - CAM. PABLO BICYCLE ROUTE 68097 12/15/2022 Software Simplified 120.00 TAX FORMS TRAINING 68098 12/15/2022 STAPLES CONTRACT & COMMERCIAL 106.10 ANTI FATIGUE MAT 68099 12/15/2022 STEVENS PRINTING 83.09 BUSINESS CARDS
68100 12/15/2022 SWRCB FEES 10,602.00 7-1/6-30-23, ANNUAL PERMIT FEE 68101 12/15/2022 T-MOBILE USA INC. 50.00 TIMING ADVANCE 68102 12/15/2022 Wildland Corporation 8,790.00 NOV. 22 CHIPPING SERVICE 68103 12/15/2022 Tripepi, Smith and Associates 7,200.00 NOV. 22 RETAINER 68104 12/15/2022 UNITED SITE SERVICES INC 532.22 10-26/11-22-22 PORTABLE RENTAL 68105 12/15/2022 VERIZON WIRELESS 944.09 OCT. 11-11-10-22 CELL PHONE SVCS. 68106 12/15/2022 Larry Wadford 1,894.50 INSTR. CONTRACT - MARTIAL ARTS 68107 12/15/2022 WALNUT CREEK FORD 2,147.26 TRANSMISSION REPLACEMENT - VEHICLE 84 68108 12/15/2022 SHEENA WELLMAN MINER 6.61 REIMB. FOR SUPPLIES TO TREE LIGHTING 68109 12/15/2022 WEX INC 10,328.09 NOV. 22 GASOLINE CHGS. 68110 12/20/2022 Allana Buick & Bers, Inc. 4,368.50 PROFESSIONAL SERVICES THRU JUNE 30, 2022 68111 12/20/2022 ANCHOR ENGINEERING INC 58,926.80 AUG. 22 LAVENIDA CULVERT REPAIR 68112 12/20/2022 BASIC PVR 2,976.51 12-23-22 FLEX SPENDING F.1.a
Packet Pg. 16
Attachment: October-December 2022 Check Listing (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through December 2022) City of Orinda
Check/Voucher Register
From 10/1/2022 Through 12/31/2022
Check
Number Check Date Payee Check Amount Transaction Description 68113 12/20/2022 Christopher Paul Beasley 1,397.50 INSTR. CONTRACT - KIDS CARPENTRY 68114 12/20/2022 BROADCAST MUSIC INC 391.00 LICENSING FEE FOR MUSIC PROGRAMS 68115 12/20/2022 CALIFORNIA STATE DISBURSEMENT 46.14 12-9-22 GARNISHMENT 68116 12/20/2022 CALIFORNIA STATE DISBURSEMENT 46.14 12-23-22 GARNISHMENT 68117 12/20/2022 CALIFORNIA STATE DISBURSEMENT 356.76 12-23-22 GARNISHMENT 68118 12/20/2022 CALIFORNIA STATE DISBURSEMENT 356.76 12-9-22 GARNISHMENT 68119 12/20/2022 CCC LIBRARY ADMINISTRATION 4,811.00 7-1-21/6-30-22 PHONE SERVICE 68121 12/20/2022 CINTAS CORPORATION 1,529.73 CLEANING SERVICE 68122 12/20/2022 TRACY A. CURTIS 96.00 12-13-22 MODELING SERVICE 68123 12/20/2022 DELTA FENCE COMPANY INC. 2,520.00 FENCE - LAVENIDA CULVERT REPAIR 68124 12/20/2022 ANDREW DIEFENBACH 2,506.93 INSTR. CONTRACT - PICKLEBALL CLASS 68125 12/20/2022 ALLAN DODGE 1,360.80 INSTR. CONTRACT - UKULELE 68126 12/20/2022 EBMUD 684.50 10-6/12-07-22 SVCS.
68127 12/20/2022 EXPERT TREE SERVICE 5,585.00 TREE WORK - COMM. CTR. HILLSIDE 68128 12/20/2022 FAR WESTERN TROPHY AWARD 101.52 NAME BADGES 68129 12/20/2022 FAST SIGNS 1,324.12 CORRUGATED SIGN
68130 12/20/2022 F J KENNEDY AND ASSOCIATES INC 1,514.38 PROFESSIONAL SVCS. - NPDES 68131 12/20/2022 FRANCHISE TAX BOARD 86.90 12-23-22 GARNISHMENT 68132 12/20/2022 FRANCHISE TAX BOARD 86.90 12-9-22 GARNISHMENT 68133 12/20/2022 ANDREA GASPARI 2,070.00 INSTR. CONTRACT - GYMNASTICS 68134 12/20/2022 LISA HARPER 255.00 DEC. 13, CITY COUNCIL MINUTES 68135 12/20/2022 Debbie Madison 1,200.00 INSTR. CONTRACT - SEWING CLASS 68136 12/20/2022 MCE CORPORATION 31,110.05 NOV. 22 LANDSCAPE SVCS. 68137 12/20/2022 VIRGINIA H MEGLEY 177.42 INSTR. CONTRACT - BALLET CLASS 68138 12/20/2022 MEHRAN MOJTAHEDI 316.00 INSTR. CONTRACT - JUJITSU 68139 12/20/2022 Municipal Pooling Authority 2,041.90 DEC, 22 LTD/LIFE 68140 12/20/2022 THE MUSIC COMPANY 907.12 SOUND EQUIPMENT RENTAL 68141 12/20/2022 ORINDA CHAMBER OF COMMERCE 150.00 REFUND SECURITY DEPOSIT - COMM. CTR. 68142 12/20/2022 Pestfinders Pest & Termite Svc 725.00 PEST CONTROL - CITY HALL 68143 12/20/2022 P G & E 22,911.73 10-22/11-21-22 SVCS. 68144 12/20/2022 PITNEY BOWES INC. 237.06 1/23 THRU 3-31-23 METER RENTAL 68145 12/20/2022 VEERA SANJANA 1,512.00 INSTR. CONTRACT - YOGA 68146 12/20/2022 Software Simplified 120.00 TAX FORMS TRAINING 68147 12/20/2022 SOKOL SAN FRANCISCO 150.00 REFUND OF SECURITY DEPOSIT - COMM. CTR. 68148 12/20/2022 STAPLES CONTRACT & COMMERCIAL 132.78 MONTHLY CALENDARS 68149 12/20/2022 TEAMSTERS LOCAL UNION 856 1,541.00 DEC. 22 (PASS THRU DUES) 68150 12/20/2022 UNIVERSAL BUILDING SERVICES 6,849.00 NOV. 22 JANITORIAL SVCS. 68151 12/20/2022 U S BANK CORPORATION 17,167.05 10-18/11-15-22 CREDITCARD CHGS. 68152 12/20/2022 Jeffrey Violet 227.40 INSTR. CONTRACT - KARATE CLASS 68153 12/20/2022 Larry Wadford 1,536.00 INSTR. CONTRACT - MARTIAL ARTS 68154 12/20/2022 WATERPROOFING ASSOCIATES, INC. 10,345.00 CITY HALL WATER INTRUSION 2022
AUG-SEPT
2022
10/25/2022 WEX INC 24,731.20 GASOLINE PAYMENTS FOR AUG. & SEPT. 22 Report Total 5,922,895.60
F.1.a
Packet Pg. 17
Attachment: October-December 2022 Check Listing (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through December 2022) City of Orinda
Payment Summary for US Bank CalCard Payment
October 2022 (Attachment B)
U. S. BANK CORPORATION
AUGUST 16, 2022 THRU SEPTEMBER 15, 2022
STMT. 09-16-2022
Transaction Description $Amount
AUTO PARTS SUPPLIES, ZOOM SUBSCRIPTION - SEP.22 THRU MAR. 122.66 NEWSPAPER SUBSCRIPTION 14.00
INSTITUTE OF TRANSPORTATION ENGR. COURSE 621.67
TRAILER HITCH FOR RADAR TRAILER 61.79
COUNTY CLERK RECORDER FEES 2,600.50
COGNITO SUBSCRIPTION 15.00
FACEBOOK ADS 54.96
STATE WATER RESOURCES BOARD APPLICATION FEES 720.19
AUTO PARTS 127.77
STREET SWEEPER PARTS 858.75
MAILINGS 3.36
AVERY SUPPLIES, FACEMASKS, WINDOW SIGN, HOLDERS 211.72
IICM MEMBERSHIP FEES 175.00
TRAINING FOR CMC VERTIFICATION & ON-LINE CLASS 74.99
MOVIES PURCHASED FOR MOVIES IN THE PARK 900.00
VARIOUS JOB OPPORTUNITY POSTINGS 1,609.00
MISC. SUPPLIES FOR FALL SOCCER 270.50
FIELD PAINT FOR STRIPING, COACH SHIRTS, TRASH CANS FOR
SOCCER TEAMS
1,104.10
ORINDA NEWS MONTHLY ADS. 155.00
COUNTY PERMIT FOR RANCH HOUSE RESTROOM ADDITION 774.31
SOCCER NET & CLIPS 1,655.16
VEHICLE REPAIRS - '16 CHEVY 305.13
MANHOLE COVER MARKINGS 777.03
PLUMBING SUPPLIES, LYSOL CLEANER AND GLASS CLEANER 356.76 CARTRIDGE REGULATOR, VOLLEYBALL NET 414.37
YRLY. PARK IRRIGATION CONTROLS 308.80
TAPE, LIGHTBULBS, LAMPS, PATCH PRIMER, PLASTIC FLATWARE 199.84 SAWBLADE, FASTENERS, TARP, PORTABLE GENERATOR 164.23
DRILL BIT SET, PADDOCKS, TOILET SEAT & KIT 155.96
COLLAPSIBLE BUCKET, SOLAR DECK LIGHTS, WINDOW WAND 126.04 CAR WASH & SUPPLIES 24.36
OFFICE SUPPLIES 135.74
MISC. HARDWARE & MAINTENANCE SUPPIES 1,541.36
CHANGE OF HOURS DOOR SIGN 19.72
ADMIN. BILL FOR FSA & TRANSIT PROGRAMS 96.22
WOOD PURCHASE 41.68
VIDEO SURVEILLANCE SIGN 142.13
OFFICE SUPPLIES 99.97
US BANK CHECK 67793 Issued Oct 12, 2022 17,039.77
Page: 1
F.1.b
Packet Pg. 18
Attachment: October-December 2022 Cal-Card Transactions (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through City of Orinda
Payment Summary for US Bank CalCard Payment
November 2022 (Attachment B)
U. S. BANK CORPORATION
SEPTEMBER 15, 2022 THROUGH OCTOBER 15, 2022
STMT. 10-17-2022
Transaction Description $Amount
COGNITO SUBSCRIPTION MONTHLY FEE 15.00
APPLICATION FEES - IICM CERTIFICATION AND CMC 185.00
VEHICLE OIL CHANGE & TIRE ROTATION - 2017 FORD ESCAPE 164.08 CITY CLERKS LAW & ELECTION SEMINAR - DEC. 2022 500.00
MAILINGS & NEWSPAPER SUBSCRIPTION 89.04
OFFICE SUPPLIES - P&R 146.96
2023 CITY MGRS. CONFERENCE - 2-8/2-10-23 750.00
AIRFARE FOR CONFERENCE 77.96
CHECK STOCK FOR PAYABLES 909.22
YARD WASTE & SUPPLIES 63.87
CALPELRA MEMBERSHIP FEES - 2022-2023 380.00
COVID RAPID TESTS 133.80
GIFT CARDS - ORAL BOARD MEMBERS 83.95
PARTICIPANTS ON FSA & TRANSIT PROGRAMS 76.50
FIELD LINING - OIS LOWER FIELD 300.00
ORINDA NEWS MONTHLY ADS - SEPT. & OCT. 2022 310.00
SENIOR TRIP - DICKENS FAIR, DEC. 12th 1,481.81
MOVIE - FOR MOVIES IN THE PARK PROGRAM 435.00
SENIOR TRIP - GREAT DICKENS FAIR 545.90
CPRS WEBINAR & MEETING SUPPLIES 46.83
MISC. HARDWARE - PW 207.00
MISC. HARDWARE - P&R 115.08
SOLAR & ELECTRICAL FEES 2,038.21
OFFICE SUPPLIES - PW 29.00
VEHICLE REPAIRS - BOBCAT 159.31
TIRE DISPOSAL FEE 18.00
VEHICLE BUMPER PAINT, POWER TOOL BATTERY 192.31
SEPT. 22 IRRIGATION CONTROLS 59.80
BIG BELLY TRASH BAGS 747.50
ROLLER SHADES 508.90
SOIL & ROCKS 943.85
PICKLEBALL PADDLES, VAPOR SHIELDS, DOOR LATCHES 323.39
DOOR CONTROL PARTS, GAFFITI REMOVER, BATTERIES/ELECTRIC
SUPPLIES, SHOWER SEALANT
599.67
LIGHT BULBS, BATTERIES, PLUMBING REPAIR KIT 212.71
MISC. HARDWARE - P&R 184.45
HARDWARE SUPPLIES - P&R 74.04
MISC. HARDWARE - P&R 458.41
OIL CHANGE - VEHICLE #91 157.92
US BANK CHECK 67981 Issued November 17, 2022 13,724.47
Page: 1
F.1.b
Packet Pg. 19
Attachment: October-December 2022 Cal-Card Transactions (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through City of Orinda
Payment Summary for US Bank CalCard Payment
December 2022 (Attachment B)
U. S. BANK CORPORATION
OCTOBER 18, 2022 THROUGH NOVEMBER 15, 2022
STMT. 11-16-2022
Transaction Description $Amount
ON-LINE TRAINING CLASS 100.00
SIGNAGE FOR PARK 842.38
VARIOUS OFFICE SUPPLIES 196.85
ADMIN. ASSIST. TUTORIAL 115.00
DRAINAGE SUPPLIES 303.29
ANNUAL FEE SUBSCRIPTION AND APPLICATION FORMS 751.01
NEWSPAPER SUBSCRIPTION, ESCAPE POD BOOKING FEE 46.78
OIS FIELD LINING 240.00
REPLACE FRONT TIRES - 2004 TOYOTA - TACOMA 285.00
VARIOUS HARDWARE FOR DIFFERENT DEPARTMENTS 443.00
PLUMBING PARTS, PAINT BRUSH, DRILLING SCREWS 242.75
SANDER, PLUMBING SUPPLIES, DOG WASTE BAGS,TUBE LIGHTS 1,289.79 SOIL PURCHASE, LED LIGHTS, FLOOD LIGHTS, FLUORESCENT 575.49 RADICAL AIR MOVER, SOUND EQUIP. TENNIS STRAPS 537.32
PARK & REC. HARDWARE 805.99
DOCUMENT SIGNER 300.00
NEW MAYOR'S & COUNCIL MEMBER ACADEMY TRAINING 1,875.00
SUPPLIES FOR RECEPTION - A. WORTH 171.07
VEHICLE REPAIRS - '16 CHEVY TRANSMISSION 565.46
PIPE GUARD FOR PUBLIC WORKS 655.21
JIFFY LUBE - VEHICLES #83 & #93 264.24
POLICE PURCHASED - HOLIDAY CARDS 203.43
VARIOUS JOB ADVERTISEMENTS - ASST, CIVIL ENGINEER,
PARTIME FACILITY ATTENDANT
519.00
TIRE CHARGE, VARIOUS AUTO SUPPLIES 297.85
VOLLEYBALL NETS 952.63
TURF COVER FOR FIELDS 3,365.44
WORK SHIRTS - PARK & REC. 214.84
HARDWARE SUPPLIES 186.49
CPRS TRAINING EVENT 105.00
ROLLING PICKLEBALL NET 442.59
HOLIDAY EVENT MAERIALS 117.79
IRRIGATION CONTROLS SUBSCRIPTION 59.80
DOGGIE WASTE BAGS DISPENSER 96.56
US BANK CHECK 68151 Issued December 20, 2022 17,167.05
Page: 1
F.1.b
Packet Pg. 20
Attachment: October-December 2022 Cal-Card Transactions (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through City of Orinda
Summay Check/Transaction Register
Payroll Register for Oct-Dec 2022 (Attachment C)
Document # Document Date Employee Name First, MI Name
9540 10/14/2022 CaseyCynthia C.
52530 10/14/2022Alessio Douglas R.
52531 10/14/2022Amerman Jennifer K.
52532 10/14/2022Arroyo Miguel A.
52533 10/14/2022 Baarsch Donna
52534 10/14/2022 Biggs David C.
52535 10/14/2022 Buckley Drummond F.
52536 10/14/2022 Carter Stephen M.
52537 10/14/2022 Chatman Rasha
52538 10/14/2022 ChengLy
52539 10/14/2022 Christie Scott
52540 10/14/2022 Cronin Michele B.
52541 10/14/2022 Delmartini Matthew C.
52542 10/14/2022 Ecklund Steven C.
52543 10/14/2022 Ehrhardt Stephen D.
52544 10/14/2022 Fierner Tod D.
52545 10/14/2022 Flores Jennie
52546 10/14/2022 Gerk Rueben A.
52547 10/14/2022 Hayashi Daniel T.
52548 10/14/2022 Hayden Carla L.
52549 10/14/2022 Hazel Christopher M.
52550 10/14/2022 Hernande
z Ricardo
52551 10/14/2022 Hu
ghes Darin E.
52552 10/14/2022 Karuppusamy Natarajan Sivakumar
52553 10/14/2022 Khorashadi Farah
52554 10/14/2022 Leach Mark S.
52555 10/14/2022 Low Jamila
52556 10/14/2022 Mayorga Daniel A.
52558 10/14/2022 McCourt Kevin
52559 10/14/2022 Mui Winnie
52560 10/14/2022 Needoba Roger
52561 10/14/2022 Palmer Celina F.
52562 10/14/2022 Perez Norma
52563 10/14/2022 Reedy Sisan L.
52564 10/14/2022 Schaufler Lori B.
52565 10/14/2022 Scheingart Katherine O.
52566 10/14/2022 Smith Sheri
52567 10/14/2022 Staton Virginia K.
52568 10/14/2022 Tamayo Julia M.
52569 10/14/2022 Thompson Linda M.
52570 10/14/2022 Thompson Robert A.
52571 10/14/2022 Trimble Todd
52572 10/14/2022 Wellman-Miner Sheena
52573 10/14/2022 Zhang Ning
9541 10/28/2022 CaseyCynthia C.
52574 10/28/2022Alessio Douglas R.
52575 10/28/2022Amerman Jennifer K.
52576 10/28/2022Arroyo Miguel A.
52577 10/28/2022 Baarsch Donna
52578 10/28/2022 Biggs David C.
52579 10/28/2022 Buckley Drummond F.
52580 10/28/2022 Carter Stephen M.
52581 10/28/2022 Chatman Rasha
Date: 3/9/2023, 4:10 PM Page: 1
F.1.c
Packet Pg. 21
Attachment: October-December 2022 Payroll Listing (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through December 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for Oct-Dec 2022 (Attachment C)
Document # Document Date Employee Name First, MI Name
52582 10/28/2022 ChengLy
52583 10/28/2022 Christie Scott
52584 10/28/2022 Cronin Michele B.
52585 10/28/2022 Delmartini Matthew C.
52586 10/28/2022 Ecklund Steven C.
52587 10/28/2022 Ehrhardt Stephen D.
52588 10/28/2022 Fierner Tod D.
52589 10/28/2022 Flores Jennie
52590 10/28/2022 Gerk Rueben A.
52591 10/28/2022 Hayashi Daniel T.
52592 10/28/2022 Hayden Carla L.
52593 10/28/2022 Hazel Christopher M.
52594 10/28/2022 Hernandez Ricardo
52595 10/28/2022 Hughes Darin E.
52596 10/28/2022 Karuppusamy Natarajan Sivakumar
52597 10/28/2022 Khorashadi Farah
52598 10/28/2022 Leach Mark S.
52599 10/28/2022 Low Jamila
52600 10/28/2022 Mayorga Daniel A.
52602 10/28/2022 McCourt Kevin
52603 10/28/2022 Mui Winnie
52604 10/28/2022 Needoba Roger
52605 10/28/2022 Palmer Celina F.
52606 10/28/2022 Perez Norma
52607 10/28/2022 Petty Stephanie L.
52608 10/28/2022 Reedy Susan L.
52609 10/28/2022 Santos Landon B.
52610 10/28/2022 Schaufler Lori B.
52611 10/28/2022 Scheingart Katherine O.
52612 10/28/2022 Smith Sheri
52613 10/28/2022 Staton Virginia K.
52614 10/28/2022 Tamayo Julia M.
52615 10/28/2022 Thompson Linda M.
52616 10/28/2022 Thompson Robert A.
52617 10/28/2022 Trimble Todd
52618 10/28/2022 Wellman-Miner Sheena
52619 10/28/2022 Zhang Ning
9542 11/10/2022 CaseyCynthia C.
52620 11/10/2022Alessio Douglas R.
52621 11/10/2022Amerman Jennifer K.
52622 11/10/2022Arroyo Miguel A.
52623 11/10/2022 Baarsch Donna
52624 11/10/2022 Biggs David C.
52625 11/10/2022 Buckley Drummond F.
52626 11/10/2022 Carter Stephen M.
52627 11/10/2022 Chatman Rasha
52628 11/10/2022 ChengLy
52629 11/10/2022 Christie Scott
52630 11/10/2022 Cronin Michele B.
52631 11/10/2022 Delmartini Matthew C.
52632 11/10/2022 Ecklund Steven C.
52633 11/10/2022 Ehrhardt Stephen D.
52634 11/10/2022 Fierner Tod D.
Date: 3/9/2023, 4:10 PM Page: 2
F.1.c
Packet Pg. 22
Attachment: October-December 2022 Payroll Listing (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through December 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for Oct-Dec 2022 (Attachment C)
Document # Document Date Employee Name First, MI Name
52635 11/10/2022 Flores Jennie
52636 11/10/2022 Gerk Rueben A.
52637 11/10/2022 Hayashi Daniel T.
52638 11/10/2022 Hayden Carla L.
52639 11/10/2022 Hazel Christopher M.
52640 11/10/2022 Hernande
z Ricardo
52641 11/10/2022 Hu
ghes Darin E.
52642 11/10/2022 Karuppusamy Natarajan Sivakumar
52643 11/10/2022 Khorashadi Farah
52644 11/10/2022 Leach Mark S.
52645 11/10/2022 Low Jamila
52646 11/10/2022 Mayorga Daniel A.
52648 11/10/2022 McCourt Kevin
52649 11/10/2022 Mui Winnie
52650 11/10/2022 Needoba Roger
52651 11/10/2022 Palmer Celina F.
52652 11/10/2022 Perez Norma
52653 11/10/2022 Reedy Sisan L.
52654 11/10/2022 Santos
52655 11/10/2022 Schaufler Lori B.
52656 11/10/2022 Scheingart Katherine O.
52657 11/10/2022 Smith Sheri
52658 11/10/2022 Staton Virginia K.
52659 11/10/2022 Tamayo Julia M.
52660 11/10/2022 Thompson Linda M.
52661 11/10/2022 Thompson Robert A.
52662 11/10/2022 Trimble Todd
52663 11/10/2022 Wellman-Miner Sheena
52664 11/10/2022 Zhang Ning
9543 11/25/2022 CaseyCynthia C.
52665 11/25/2022Alessio Douglas R.
52666 11/25/2022Amerman Jennifer K.
52667 11/25/2022Arroyo Miguel A.
52668 11/25/2022 Baarsch Donna
52669 11/25/2022 Biggs David C.
52670 11/25/2022 Buckley Drummond F.
52671 11/25/2022 Carter Stephen M.
52672 11/25/2022 Chatman Rasha
52673 11/25/2022 ChengLy
52674 11/25/2022 Christie Scott
52675 11/25/2022 Cronin Michele B.
52676 11/25/2022 Delmartini Matthew C.
52677 11/25/2022 Ecklund Steven C.
52678 11/25/2022 Ehrhardt Stephen D.
52679 11/25/2022 Fierner Tod D.
52680 11/25/2022 Flores Jennie
52681 11/25/2022 Gerk Rueben A.
52682 11/25/2022 Hayashi Daniel T.
52683 11/25/2022 Hayden Carla L.
52684 11/25/2022 Hazel Christopher M.
52685 11/25/2022 Hernandez Ricardo
52686 11/25/2022 Hughes Darin E.
52687 11/25/2022 Karuppusamy Natarajan Sivakumar
Date: 3/9/2023, 4:10 PM Page: 3
F.1.c
Packet Pg. 23
Attachment: October-December 2022 Payroll Listing (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through December 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for Oct-Dec 2022 (Attachment C)
Document # Document Date Employee Name First, MI Name
52688 11/25/2022 Khorashadi Farah
52689 11/25/2022 Leach Mark S.
52690 11/25/2022 Low Jamila
52691 11/25/2022 Mayorga Daniel A.
52693 11/25/2022 McCourt Kevin
52694 11/25/2022 Mui Winnie
52695 11/25/2022 Needoba Roger
52696 11/25/2022 Palmer Celina F.
52697 11/25/2022 Perez Norma
52698 11/25/2022 Reedy Susan L.
52699 11/25/2022 Schaufler Lori B.
52700 11/25/2022 Scheingart Katherine O.
52701 11/25/2022 Smith Sheri
52702 11/25/2022 Staton Virginia K.
52703 11/25/2022 Tamayo Julia M.
52704 11/25/2022 Thompson Linda M.
52705 11/25/2022 Thompson Robert A.
52706 11/25/2022 Trimble Todd
52707 11/25/2022 Wellman-Miner Sheena
52708 11/25/2022 Zhang Ning
9544 12/9/2022 CaseyCynthia C.
9545 12/9/2022 Smith Ivan L.
52709 12/9/2022Alessio Douglas R.
52710 12/9/2022Amerman Jennifer K.
52711 12/9/2022Arroyo Miguel A.
52712 12/9/2022 Baarsch Donna
52713 12/9/2022 Biggs David C.
52714 12/9/2022 Buckley Drummond F.
52715 12/9/2022 Carter Stephen M.
52716 12/9/2022 Chatman Rasha
52717 12/9/2022 ChengLy
52718 12/9/2022 Christie Scott
52719 12/9/2022 Cronin Michele B.
52720 12/9/2022 Delmartini Matthew C.
52721 12/9/2022 Duff James M.
52722 12/9/2022 Ecklund Steven C.
52723 12/9/2022 Ehrhardt Stephen D.
52724 12/9/2022 Fierner Tod D.
52725 12/9/2022 Flores Jennie
52726 12/9/2022 Gerk Rueben A.
52727 12/9/2022 Hayashi Daniel T.
52728 12/9/2022 Hayden Carla L.
52729 12/9/2022 Hazel Christopher M.
52730 12/9/2022 Hernandez Ricardo
52731 12/9/2022 Hughes Darin E.
52732 12/9/2022 Karuppusamy Natarajan Sivakumar
52733 12/9/2022 Khorashadi Farah
52734 12/9/2022 Leach Mark S.
52735 12/9/2022 Low Jamila
52736 12/9/2022 Mayorga Daniel A.
52737 12/9/2022 McCourt Kevin
52738 12/9/2022 Mui Winnie
52739 12/9/2022 Needoba Roger
Date: 3/9/2023, 4:10 PM Page: 4
F.1.c
Packet Pg. 24
Attachment: October-December 2022 Payroll Listing (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through December 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for Oct-Dec 2022 (Attachment C)
Document # Document Date Employee Name First, MI Name
52740 12/9/2022 Palmer Celina F.
52741 12/9/2022 Perez Norma
52742 12/9/2022 Reedy Susan L.
52743 12/9/2022 Schaufler Lori B.
52744 12/9/2022 Smith Sheri
52745 12/9/2022 Staton Virginia K.
52746 12/9/2022 Tamayo Julia M.
52747 12/9/2022 Thompson Linda M.
52748 12/9/2022 Thompson Robert A.
52749 12/9/2022 Trimble Todd
52750 12/9/2022 Wellman-Miner Sheena
52751 12/9/2022 Zhang Ning
9543 12/23/2022 CaseyCynthia C.
52752 12/23/2022Alessio Douglas R.
52753 12/23/2022Amerman Jennifer K.
52754 12/23/2022Arroyo Miguel A.
52755 12/23/2022 Baarsch Donna
52756 12/23/2022 Biggs David C.
52757 12/23/2022 Buckley Drummond F.
52758 12/23/2022 Carter Stephen M.
52759 12/23/2022 Chatman Rasha
52760 12/23/2022 ChengLy
52761 12/23/2022 Christie Scott
52762 12/23/2022 Cronin Michele B.
52763 12/23/2022 Delmartini Matthew C.
52764 12/23/2022 Duff James M.
52765 12/23/2022 Ecklund Steven C.
52766 12/23/2022 Ehrhardt Stephen D.
52767 12/23/2022 Fierner Tod D.
52768 12/23/2022 Flores Jennie
52769 12/23/2022 Gerk Rueben A.
52770 12/23/2022 Hayashi Daniel T.
52771 12/23/2022 Hayden Carla L.
52772 12/23/2022 Hazel Christopher M.
52773 12/23/2022 Hernandez Ricardo
52774 12/23/2022 Hughes Darin E.
52775 12/23/2022 Karuppusamy Natarajan Sivakumar
52776 12/23/2022 Khorashadi Farah
52777 12/23/2022 Laris Jane
52778 12/23/2022 Leach Mark S.
52779 12/23/2022 Low Jamila
52780 12/23/2022 Mayorga Daniel A.
52781 12/23/2022 McCourt Kevin
52782 12/23/2022 Mui Winnie
52783 12/23/2022 Needoba Roger
52784 12/23/2022 Palmer Celina F.
52785 12/23/2022 Perez Norma
52786 12/23/2022 Reedy Susan L.
52787 12/23/2022 Schaufler Lori B.
52788 12/23/2022 Smith Sheri
52789 12/23/2022 Staton Virginia K.
Date: 3/9/2023, 4:10 PM Page: 5
F.1.c
Packet Pg. 25
Attachment: October-December 2022 Payroll Listing (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through December 2022) City of Orinda
Summay Check/Transaction Register
Payroll Register for Oct-Dec 2022 (Attachment C)
Document # Document Date Employee Name First, MI Name
52790 12/23/2022 Tamayo Julia M.
52791 12/23/2022 Thompson Linda M.
52792 12/23/2022 Thompson Robert A.
52793 12/23/2022 Trimble Todd
52794 12/23/2022 Wellman-Miner Sheena
52795 12/23/2022 Zhang Ning
Payroll Payments Pay Period 10-14: 102,248.64
Pay Period 10-28: 103,592.86
Pay Period 11-10: 108,270.77
Pay Period 11-25: 106,444.11
Pay Period 12-09: 108,158.70
Pay Period 12-23: 111,061.23
Subtotal Payroll 639,776.31
Payroll Taxes 201,293.19
EE Benefits 355,865.78
Accounts Payable (See Attachment A) 5,922,895.60
Grand total 7,119,830.88
Date: 3/9/2023, 4:10 PM Page: 6
F.1.c
Packet Pg. 26
Attachment: October-December 2022 Payroll Listing (3054 : Quarterly Disbursements Rev Exp Fund Balance - October through December 2022) City Council
Staff Report
Agenda Item: F.2
Date: April 11, 2023
Department: City Council
AGENDA TITLE: Extension of Agreement for Professional Audit Services With Maze & Associates For Fiscal Year 2022-2023 Financial Statements RECOMMENDATION:
Staff recommend that the City Council authorize the City Manager to execute a one year extension for audit services with Maze & Associates at a cost not to exceed $35,000, which includes a contingency of $1,590 for any additional work which may be required.
In 2015 the City Council authorized the selection of Maze & Associates to provide financial auditing services. The selection was made based on a Request For Proposal process and review of proposals from four different firms. The original Agreement included costs for the first three years plus two additional optional years which covered through the June 30, 2019 Audit. In 2020 the City Council authorized a one-year extension to allow for the completion of the Federal Single Audit, since they were familiar with the City Financial records. In 2021, the City Council authorized another one-year extension with Maze & Associates due the logistical difficulties of selecting and changing auditors during the pandemic. In 2022, the City Council again authorized a one-year extension due to staffing changes, mainly the change of Administrative Services Directors.
Staff has requested that the Auditors provide an additional one-year extension (for services related to fiscal year end June 30, 2023) due to timing constraints associated with preparing and coordinating the Request for Proposal (RFP) process. Ideal timing to issue an Audit RFP, evaluate potential audit firms, and negotiate a new contract is typically during July once budget is completed and year-end closing process haven’t started in earnest. Unforeseen workload issues, coupled with the aforementioned change of Administrative Services Director resulted in staff missing this window of opportunity last summer.
State law under Government Code 12410.6(b) specifically addresses required auditor rotation for California local agencies. The law states that a local agency shall not employ a public accounting firm to provide audit services, if the lead audit partner or coordinating audit partner having primary responsibility for the audit, has performed audit services for that local agency for six consecutive fiscal years. In compliance with this requirement Maze & Associates is proposing to assign David Alvey as our Engagement Partner to oversee the Audit. This will be Mr. Alvey’s third consecutive year performing these services.
DISCUSSION:
F.2
Packet Pg. 27
With professional audit services, it is required to introduce periodic changes in the Audit Team. The change can be in the form of assigning a different partner and field auditors, or the full replacement of the firm performing the audit. Maze and Associates provides a large regional presence in performing governmental audits which is an advantage to the agencies serviced. This provides multiple partners who are experienced with various government agencies and the requirements for government reporting.
The Government Finance Officer Association (GFOA) includes in its best practices a suggestion that agencies should use a multi-year agreement of at least five years. This recognizes that the agreements allow for greater continuity and help minimize disruption in connection with the performance of the audit. It can also be useful in reducing the costs of the audit by allowing the auditor to recover start-up costs.
Proposal
Maze and Associated has recommended the assignment of partner Mr. David Alvey, CPA as the Engagement Partner. Mr Alvey’s background and a list of agencies he has experience with is attached (See Attachment A). Mr. Alvey has broad experience with auditing both cities and special districts and has been assigned as partner for Orinda’s audit for the past two fiscal years.
The proposed costs presented by Maze & Associates total $33,410 and include the following:
Comprehensive Annual Financial Report $26,200
Management Letter Included
Gann Appropriations Report 1,025
Transportation Development Act Report (1 Project) 3,600 Annual Controllers Report Financial Transactions 2,585
Total $33,410
Staff Requested Contingency $ 1,590
TOTAL REQUESTED AUTHORIZATION $35,000
The total requested authorization is $3,500 less than the amount requested by Staff in 2022 even though the fees listed above increased by 4.4% over last year. This is due primarily to the omission of fees related to compliance with federal grant reporting, called the Single Audit Act Report, for fiscal year 2023 as it is anticipated that Orinda will not break the threshold which triggers this requirement. Given the quality of work performed by Maze & Associates and their expertise in assisting the City Staff with government reporting, Staff believes the proposal will allow the City to efficiently complete the Fiscal Year 2023 Audit.
It is Staff’s intent to conduct an formal RFP process for the Fiscal Year 2024 Audit and beyond this July or August. This Audit RFP process would utilize the Finance Advisory Committee to assist in developing a recommendation for City Council for future fiscal year audits. As part of a City Council decision on the Audit RFP process, Maze and Associates could be included in the requested proposers. The City Council would also F.2
Packet Pg. 28
have the ability if it was in the City’s interest to negotiate solely with Maze & Associates to continue providing professional audit services.
FISCAL IMPACT:
The cost of the proposed Audit for Fiscal Year 2022-2023 is proposed not to exceed $35,000 and is funded almost entirely by the General Fund.
ATTACHMENTS:
A. David Alvey Resume
Respectfully Submitted by:
Doug Alessio
Administrative Services Director
Prepared By: Doug Alessio, Administrative Services Director Approved by:
F.2
Packet Pg. 29
DAVID ALVEY, CPA, Engagement Partner – graduated from St Mary’s College, Moraga with a Bachelor of Science Degree in Accounting and a Minor in Business Administration. David has received 240 hours of continuing education in the past three years. David has experience as an internal auditor at California Savings Bank in Oakland, CA. He is a Certified Public Accountant in the State of California. He is a member of the American Institute of Certified Public Accountants and the California Society of Certified Public Accountants. David is also a member of the Association of Certified Fraud Examiners. He is also a member of the CalCPA Accounting Procedures and Assurance Services Committee and the CSMFO Professional Standards Committee. He is a frequent speaker at our annual training and recently taught a class of over 100 attendees on Fraud and GASB updates at the annual MazeLive client training event. He has published articles with California Special District Association’s newspaper. His relevant experience includes:
Alameda County Mosquito Abatement District City of Larkspur Alameda County Transportation Authority City of Livermore Alameda County Transportation Improvement Authority City of Los Altos Alameda-Contra Costa Transit District Town of Los Altos Hills City of American Canyon City of Manteca
American River Authority Mid-Peninsula Water District
Association of Bay Area Governments Middle Fork Project Finance Authority Associated Community Action Program Monument Crisis Center Bay Area Clean Water Agencies City of Napa
City of Benicia City of Oakley
City of American Canyon Partners in School Innovation
Bethel Island Municipal Improvement District City of Petaluma Calaveras County Water District City of Pittsburg
Castle Rock County Water District Placer County Water Authority Central Contra Costa Sanitary District City of Pleasant Hill Central Market Community Benefit District Regional Parks Foundation Citrus Heights Water District Richmond Housing Authority Clausen House City of Rio Vista
Coastside County Water District City of Roseville
Contra Costa Water Financing Authority City of San Bruno Contra Costa Water District City of San Leandro
Contra Costa Water District Retirement Plan San Mateo Community College Foundation City of Cupertino San Mateo County Transportation Authority City of Daly City Peninsula County Joint Powers Authority City of Davis San Mateo County Transit District
Delta Diablo Santa Clara County Central Fire Protection District
Diablo Water District Santa Clara Valley Water District East Contra Costa County Transit Authority Skyline County Water District East Contra Costa Habitat Conservancy Solano Irrigation District DSRSD/EBMUD Recycled Water Authority Solano Transportation Authority Dublin San Ramon Services District Sonoma County Agricultural Preservation & East Bay Municipal Utilities District (EBMUD) Open Space District EBMUD Employee Retirement System Sonoma-Marin Area Rail Transit East Palo Alto Sanitary District South San Joaquin Irrigation District F.2.a
Packet Pg. 30
Attachment: David Alvey Resume (3081 : Auditor Extension : 1 Year Maze 2023 Audit) Education Pioneers Southern Marin Fire Protection District El Dorado County Stanislaus Waste to Energy
El Dorado Irrigation District Stinson Beach County Water District City of Escalon Stopwaste
Fairfield-Suisun Sewer District City of Sunnyvale
Freeport Regional Water Authority Upper Mokelumne River Watershed Authority City of Galt Yolo Habitat Conservancy
City of Hayward Walnut Creek Chamber of Commerce
ID Business Solutions West Bay Sanitary District
Livermore Amador Valley
Transportation Authority
F.2.a
Packet Pg. 31
Attachment: David Alvey Resume (3081 : Auditor Extension : 1 Year Maze 2023 Audit) City Council
Staff Report
Agenda Item: F.3
Date: April 11, 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 26-23 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 plans preparation underway
3. Landslide at 14 Cedar Ln (potential road impacts).
4. Sinkhole/48” storm drain pipe failure in city easement at 7 North Ln. First phase of repair is under contract; permanent 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. Temporary repairs underway.
9. Road embankment failure on Glorietta Blvd. (fronting #202). Temporary repairs completed; permanent repair options being evaluated
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 F.3
Packet Pg. 32
the need for the emergency declaration (by an updated resolution) at each of its subsequent regularly scheduled meetings.
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 May 9, 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 $225,000. This includes contractors, consultants and overtime for city staff. Total cost estimate, for complete repairs is roughly estimated to be $ 1.7 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 26-23 Emergency Resolution Continued 2022-23 Storms Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Scott Christie, Public Works Director
Approved by:
F.3
Packet Pg. 33
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. 26-23 State of Emergency with Respect to )
the Continuing 2022-23 Winter Storms )
WHEREAS, Section 2.32.090 of the Orinda Municipal Code, empowers the City Manager/Director of Emergency Services to proclaim the existence or threatened existence of a local state of emergency when the City is affected by a public calamity; and
WHEREAS, a series of severe winter rainstorms began in northern California, bringing high winds and significant amounts of precipitation in Contra Costa County starting on or about December 27, 2022, and are continuing; and WHEREAS, the rainstorms have resulted in flooding and earth movement, which has endangered public health and safety and presented a hazard to the members of the community, private property, and public infrastructure; and WHEREAS, during and/or immediately following the rainstorms, there have been a variety of impacts to the City’s buildings, roadway network, storm drains and culverts, and earth movement has occurred: and
WHEREAS, it is expected that mitigating and repairing the damages caused to public infrastructure, including the storm drain and roadway system, may be complex and costly; and
WHEREAS, the events and damages arising from the emergency are not contemplated in the City of Orinda’s Capital Improvement Budget and may be beyond the City’s ability to restore infrastructure without compromising other priorities; and WHEREAS, the City Manager issued a Proclamation on January 6, 2023, declaring a local emergency; and
WHEREAS, a sink hole occurred on January 16, 2023, as a result of the major storms and which threatens to undermine a portion of Moraga Way north of Brookside Road necessitating emergency repairs, and due to concerns for continuing storm impacts the City Manager issued a new Emergency Proclamation on January 17, 2023, declaring a local emergency; and
WHEREAS, since the Emergency Proclamation on January 17, 2023, additional significant damages occurred, including:
F.3.a
Packet Pg. 34
Attachment: Resolution 26-23 Emergency Resolution Continued 2022-23 Storms (3075 : reaffirm proclamation 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.
F.3.a
Packet Pg. 35
Attachment: Resolution 26-23 Emergency Resolution Continued 2022-23 Storms (3075 : reaffirm proclamation 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. Pursuant to Government Code Section 865 et seq., the City Council finds, on the basis of expert opinion, an impending peril of gradual earth movement exists at various locations. The City’s retained experts have recommended appropriate repairs and 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 April 11, 2023 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________
Inga Miller, Mayor
ATTEST:
____________________________
Sheri Marie Smith, City Clerk
F.3.a
Packet Pg. 36
Attachment: Resolution 26-23 Emergency Resolution Continued 2022-23 Storms (3075 : reaffirm proclamation winter storms) 1632866.1
F.3.a
Packet Pg. 37
Attachment: Resolution 26-23 Emergency Resolution Continued 2022-23 Storms (3075 : reaffirm proclamation winter storms) City Council
Staff Report
Agenda Item: F.4
Date: April 11, 2023
Department: Planning Department
AGENDA TITLE: Update Regarding 6th Cycle Housing Element and Annual Housing Element Progress Report for Calendar Year 2022
RECOMMENDATION:
(1) Receive update regarding 6th Cycle Housing Element. and (2) review and approve the Housing Element Annual Progress Report for Calendar Year 2022.
BACKGROUND:
6 th Cycle Housing Element Update. The City Council adopted the 6th Cycle Housing
Element on January 31, 2023 and staff submitted it to the Department of Housing and Community Development on February 1 for a third, 60-day review period. On March 30, HCD issued a letter finding the adopted housing element in compliance (attached).
Receiving the HCD compliance letter in a timely manner allows the City three years to complete the required rezonings instead of just one year. According to HCD’s website, on March 30 Orinda was the second of the 20 municipalities in Contra Costa County, and one of 13 within the 109 jurisdictions in the Bay Area, to be found in compliance.
The City will now turn its attention to the implementation of the Housing Element and related efforts working with the community to ensure that Orinda remains a vibrant and inclusive community.
Annual Progress Report. As required by State law (Government Code Section 65400), staff prepared the Annual Progress Report (APR) on implementation of the Housing Element contained in Attachment A. This report must be considered at a public meeting of the City Council and members of the public must have an opportunity to provide oral testimony and written comments. Reports are due April 1st of each year and may be submitted prior to receiving Agency approval. Orinda submitted its report to HCD and the Office of Planning and Research (OPR) on March 30 with a note stating that it would be on the April 11 City Council agenda.
DISCUSSION:
The attached 2022 City of Orinda APR implements new, more detailed reporting requirements from HCD. APRs must be completed using forms developed by HCD. As shown in the attached report, building permits were issued for a total of 21 dwelling units during the calendar year 2022. Of the 21 units, 6 were detached, above moderate income, single-family homes and 15 were moderate income, non-deed restricted accessory dwelling units.
NEXT STEPS:
F.4
Packet Pg. 38
6 th Cycle Housing Element Update. Staff is currently working on a detailed schedule regarding 6th Cycle Housing Element implementation. Approximately 70 actions will need to be taken over the next 8 years, with most actions (such as the rezoning) required to be completed during the first half of that timespan.
Annual Progress Report. As noted above, staff already filed the report with HCD and OPR. Staff will also notify both agencies after Council the Council approves the APR.
FISCAL IMPACT:
The fiscal impact of the 6th Cycle Housing Element was included with the January 31, 2023 staff report regarding its adoption.
Approving the Annual Progress Report does not have a fiscal impact. However, there could be legal costs to the City if the report is not approved by the City Council in a timely manner based on Government Code Section 65400, which states in part:
If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days.
ATTACHMENTS:
A. March 30 2023 Compliance Letter from HCD
B. City Letter to HCD March 13 2023
C. Housing Element Annual Progress Report for Calendar Year 2022 Respectfully Submitted by:
Drummond Buckley
Director of Planning
Prepared By: Drummond Buckley, Director of Planning
Approved by:
F.4
Packet Pg. 39
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
March 30, 2023
David Biggs, City Manager
City of Orinda
22 Orinda Way
Orinda, CA, 94563
Dear David Biggs:
RE: Orinda 6th Cycle (2023-2031) Adopted Housing Element Thank you for submitting the City of Orinda housing element adopted January 31, 2023 and received for review on February 1, 2023. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on February 28, 2023 with Drummond Buckley, Winnie Mui, and consultants Jennifer Gastelum and Cynthia Walsh. In addition, HCD considered comments from several stakeholders and members of the community and the City’s March 13, 2023 correspondence, pursuant to Government Code section 65585, subdivision (c).
HCD is pleased to find the adopted housing element in full compliance with State Housing Element Law (Article 10.6 of the Gov. Code). The adopted element addresses the statutory requirements described in HCD’s January 13, 2023 review.
For your information, HCD did not consider the CalTrans site as part of demonstrating adequate sites to accommodate the Regional Housing Need Allocation (RHNA) and as a result, the site should not be utilized for the purposes of maintaining adequate sites pursuant to Government Code section 65863. However, HCD supports the City’s efforts to further increase housing choices and affordability beyond the RHNA, including the CalTrans site and BART site and encourages the City to address the many comments and perspectives as part of the planning process.
Additionally, the City must continue timely and effective implementation of all programs including but not limited to the following:
• Program 1.C (Caltrans Gateway Site Development): This program commits the City to rezone the CalTrans Gateway site and decertify the cite to allow for affordable housing development by January 2026.
F.4.a
Packet Pg. 40
Attachment: March 30 2023 Compliance Letter from HCD (3073 : Annual Progress Report (APR) of Housing Element for 2022) David Biggs, City Manager
• Program 1.D (Residential Zoning Districts and Land Use Designation): This program commits the City to establish two new zoning districts to encourage housing for lower-income households and comply with rezone requirements by May 2026. From the City’s March 13, 2023 correspondence, HCD understands the City will establish development standards, including heights, that will facilitate achieving maximum densities.
• Program 1.E (Promotion of Accessory Dwelling Units): This program commits the City to provide incentives to encourage ADU development throughout the City by December 2024.
• Program 1.J (Sites Used in Previous Housing Element Cycles): This program commits the City to rezone sites identified in previous housing elements to comply with by-right requirements when at least 20 percent or more of the units are affordable to lower income households by January 2026. • Program 1.L (Lot Consolidation): The program commits the City to provide incentives for lot consolidation by January 2024.
• Program 3.A (Shared Housing Program): This program commits the City to participate in a shared housing program to provide housing opportunities throughout the City by December 2024.
• Program 4.A (Amend Development Standards to Remove Constraints): The program commits the City to revise the zoning code to comply with state law regarding emergency shelters, multifamily housing, employee housing, lowbarrier navigation centers, single room occupancy, residential care facilities, and transitional and supportive housing by December 2024.
• Program 4.E (Revised Parking Standards): The program commits the City to reduce parking requirements by December 2024.
• Program 5.A (Affirmatively Furthering Fair Housing (AFFH)): The program commits to numerous actions to AFFH including outreach, promoting housing mobility, and work with housing providers annually throughout the planning period and by December 2023.
In addition, the element includes Programs 1.A (Downtown Precise Plan) and 1B (Housing Opportunity Sites) identifying adequate sites to accommodate the shortfall by committing to rezone at least 60 acres to RH, RVH, RH-25, and RH-40 zones by May 31, 2026. Among other things, the program commits to zoning with densities of 20-30 and 20-50 units per acre and permit owner-occupied and rental multifamily uses by right for developments in which 20 percent or more of the units are affordable to lower income households.
Finally, among other factors, the City is entirely the highest resource category in access to opportunity, wholly a concentrated area of affluence and predominantly consists of households with the highest median income, a stark contrast to the rest of the region.
These conditions and circumstances warrant significant and robust actions (not limited to the RHNA) to promote housing mobility and increasing housing choices and affordability throughout and beyond the City, including in lower-density neighborhoods.
While the element includes various programs to promote housing mobility, these actions F.4.a
Packet Pg. 41
Attachment: March 30 2023 Compliance Letter from HCD (3073 : Annual Progress Report (APR) of Housing Element for 2022) David Biggs, City Manager
are marginally sufficient and further geographic targeting is limited to high resource areas which can be anywhere in the City. As part of implementation, HCD encourages the City to aggressively pursue numeric targets and geographic targets throughout the City, including lower density neighborhoods. In addition, the City must report on progress in implementation and should annually evaluate the effectiveness of programs in promoting inclusion throughout the City. Based on this evaluation, the City should consider appropriate and additional actions (e.g., missing middle housing types and targeted funding or other strategies to encourage affordability) to further promote housing choices and affordability in all areas of the City, including lower-density neighborhoods.
The City must monitor and report on the results of programs described above and other programs through the annual progress report, required pursuant to Government Code section 65400. Please be aware, Government Code section 65585, subdivision (i) grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or housing element law.
This includes failure to implement program actions included in the housing element.
HCD may revoke housing element compliance if the local government’s actions do not comply with state law.
As noted in the element, the City lacks a buffer of site capacity to accommodate its lower-income RHNA. Pursuant to Government Code section 65863, local governments must ensure the inventory of sites accommodate the regional housing need by income throughout the planning period of the element. In addition, no local government action shall reduce, require or permit the reduction of the residential density for any parcel, or allow development of any parcel, at a lower residential density by income category than identified in the site inventory or program unless the local government makes written findings. The required findings must demonstrate the reduction is consistent with the adopted general plan, including the housing element and the remaining sites identified in the housing element are adequate to accommodate the jurisdiction's share of the regional housing need.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City now meets housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
F.4.a
Packet Pg. 42
Attachment: March 30 2023 Compliance Letter from HCD (3073 : Annual Progress Report (APR) of Housing Element for 2022) David Biggs, City Manager
HCD appreciates the effort the housing element team provided throughout the course of the housing element review. HCD wishes the City success in implementing its housing element and looks forward to following its progress through the General Plan annual progress reports pursuant to Government Code section 65400. If HCD can provide assistance in implementing the housing element, please contact Hillary Prasad, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
F.4.a
Packet Pg. 43
Attachment: March 30 2023 Compliance Letter from HCD (3073 : Annual Progress Report (APR) of Housing Element for 2022) F.4.b
Packet Pg. 44
Attachment: City Letter to HCD March 13 2023 (3073 : Annual Progress Report (APR) of Housing Element for 2022) F.4.b
Packet Pg. 45
Attachment: City Letter to HCD March 13 2023 (3073 : Annual Progress Report (APR) of Housing Element for 2022) Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
12_28_22
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
22 Orinda Way
Orinda
94563
Please Start Here
General Information
2022
Orinda
Contact Information
Drummond
Buckley
Planning Director
[email protected]
9259569305
Mailing Address
Annual Progress Report January 2020
F.4.c
Packet Pg. 46
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.
Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.
Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.
Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2022 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2022 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:
1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].
2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
F.4.c
Packet Pg. 47
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Report (APR) of Housing Element for Jurisdiction Orinda ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 8 0 30 0 40 14 92 92 0 262022017 9 Mira Loma Rd SFD O 11/22/2022 1 1 1 No No
271130010 15 Adobe Ct SFD O 6/24/2022 1 1 1 No No
271130013 70 Adobe Ln SFD O 5/9/2022 1 1 2 2 No No
268400025 6 Patrick Ln SFD O 3/29/2022 1 1 2 2 No No
271221012 30 Ramona Dr SFD O 5/23/2022 1 1 2 2 No No
273330001 3 Paintbrush Ln SFD O 7/29/2022 1 1 1 No No
268052018 50 Muth Dr ADU O 11/21/2022 1 1 1 No No
268351004 117 Meadow View
Rd
ADU O 11/29/2022 1 1 1 No No
264130022 23 North Ln ADU O 10/27/2022 1 1 1 No No
273330011 18 Paintbrush Ln SFD O 7/20/2022 1 1 1 No No
262272014 73 La Campana Rd ADU O 10/25/2022 1 1 1 No No 273052004 64 Camino Encinas ADU O 10/17/2022 1 1 1 No No 262122007 10 La Noria ADU O 11/3/2022 1 1 1 No No
262141008 42 Camino Lenada ADU O 9/14/2022 1 1 1 No No
265031019 9 Loma Vist Dr ADU O 11/21/2022 1 1 1 No No
268462016 40 Evergreen Dr ADU O 2/2/2022 1 1 1 No No
270051009 61 Moraga Via SFD O 9/22/2022 1 1 1 No No
261071012 19 Honey Hill Rd ADU O 7/20/2022 1 1 1 No No
268162009 8 Southwood Ct ADU O 8/1/2022 1 1 1 No No
271062004 2 El Camino Moraga ADU O 10/25/2022 1 1 1 No No 268182014 17 Overhill Rd ADU O 7/28/2022 1 1 1 No No
260100020 7 Soule Rd ADU O 6/17/2022 1 1 1 No No
270042011 214 Glorietta Blvd ADU O 7/8/2022 1 1 1 No No 273330004 55 Wilder Rd SFD O 4/1/2022 1 1 1 No No
268431006 20 Robert Rd ADU O 6/7/2022 1 1 1 No No
273360016 86 Dairy Creek Ln SFD O 1/21/2022 1 1 1 No No 264110008 54 La Encinal ADU O 9/8/2022 1 1 1 No No
268502013 14 Silverwood Ct ADU O 5/10/2022 1 1 1 No No
273360007 81 Dairy Creek Ln SFD O 3/26/2022 1 1 1 No No 271130007 35 Adobe Ln SFD O 1/27/2022 1 1 1 No No
268182006 33 Overhill Rd ADU O 3/9/2022 1 1 1 No No
273390001 30 Big Rock Rd ADU O 2/15/2022 1 1 1 No No
268052014 33 Bates Blvd ADU O 3/4/2022 1 1 1 No No
272240008 54 Lost Valley ADU O 2/3/2022 1 1 1 No No
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted
F.4.c
Packet Pg. 48
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Jurisdiction Orinda ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 01/31/2023
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction
(years) (if affordable in
perpetuity enter 1000)+
Number of
Demolished/De
stroyed Units
Demolished or
Destroyed Units
Demolished/D
estroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or
Parking
Modifications)
Did the project receive
a reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 8 0 30 0 14 6 58 0 0 0 0 0 15 6 21 0 0 0 0 0 1 0 1 0 0 1 0 262202007 4 La Campana ADU O
0 1 10/27/2022 1 0 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
271160008 626 Moraga Wy ADU O
0 1 2/3/2022 1 0 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
264170002 131 Canon Dr ADU O
0 1 12/20/2022 1 0 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
262111004 10 El Sueno ADU O
0 1 7/22/2022 1 0 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
268052014 33 Bates Blvd ADU O
0 1 8/18/2022 1 0 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
268280003 132 Overhill Rd ADU O
0 1 11/30/2022 1 0 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
269202008 120 Scenic Dr ADU O
0 1 8/26/2022 1 0 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
268162009 8 Southwood Ct ADU O
0 1 8/31/2022 1 0 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
272240008 54 Lost Valley Dr ADU O
0 1 5/16/2022 1 0 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
263090017 44 Vista Del Mar ADU O
0 1 10/5/2022 1 0 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
269083006 9 Scenic Ct ADU O
0 1 5/16/2022 1 1 12/7/2022 1 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
261071012 19 Honey Hill Rd ADU O
0 1 11/29/2022 1 0 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
268182006 33 Overhill Rd ADU O
0 1 7/12/2022 1 0 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
269022013 21 Owl Hill Rd ADU O
0 1 10/21/2022 1 0 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
273065023 46 Brookwood Rd SFD O 0 1 6/10/2022 1 0 0 N 1 Demolished O 273360005 59 Wilder Rd SFD O 0 1 8/25/2022 1 0 0 N
273360007 81 Dairy Creek Ln SFD O 1 4/29/2022 1 1 10/27/2022 1 0 0 N 272100020 46 Crestview Dr SFD O 0 1 2/15/2022 1 0 0 N
273300015 35 Big Leaf Rd SFD O 0 1 1/11/2022 1 0 0 N
271130007 35 Adobe Ln SFD O 0 1 6/1/2022 1 0 0 N
273330001 3 Paintbrush Ln SFD O 1 8/9/2022 1 0 0 0 N
260200015 10 Irwin Wy 5+ R 8 30 14 8/16/2022
52 0 0 0 N
The project includes multiple
units at various rates of
affordability
273360016 86 Dairy Creek Ln SFD O 1 1/21/2022 1 0 0 0 N 268351004 117 Meadow View SFD O 1 10/25/2022 1 0 0 0 N
273330004 55 Wilder Rd SFD O 1 4/22/2022 1 0 0 0 N
273330011 18 Paintbrush Ln SFD O 1 7/27/2022 1 0 0 0 N
273065023 46 Brookwood Rd ADU O
0 1 6/10/2022 1 0 0 N
The jurisdiction has surveyed the
rental prices for comparable
units in the area: an average of
$2,688 (low income). It is
anticipated that new units would
rent for slightly higher amounts,
rendering them moderate
income
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
F.4.c
Packet Pg. 49
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Jurisdiction Orinda ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - 2 7 4 7 9 21 15 -
Above Moderate 42 - 44 53 37 51 33 44 35 6 - 303 -
227
- 44 55 44 55 40 53 56 21 - 368 131
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date Total Units
Remaining
42 - - - - - - - - - - 42
47 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
-
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
65 Moderate
84 47
54 Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
84 F.4.c
Packet Pg. 50
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Jurisdiction Orinda ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
F.4.c
Packet Pg. 51
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Jurisdiction Orinda
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation ACTION 1.A: ORINDA
GROVE
DEVELOPMENT
Facilitate
redevelopment/reuse of
the former Pine Grove
School as a mixed-income
residential development
including 8 moderateincome housing units and
65 market-rate
housing units.
Facilitate the production of at least 42
new single-family homes (suitable for
moderate- and above moderate income
households) between 2014 and 2022
(RHNA period). Facilitate completion of 8
units of owner-occupied housing
affordable to moderate income
households on the former Pine Grove
School site. Provide for a diversity of
housing types to meet current and
future needs of all
residents without compromising the
semi-rural character of Orinda's singlefamily neighborhoods. Encourage planned unit developments,
which allow variations from
development standards provided that
the overall density of the site
remainsconsistent with the General
Plan.
2014-2015
Building permits for 41 units at Orinda Grove were issued in 2013 and permits for the remaining 32 units were issued in 2014. The below market rate program for the development was established and the application process for affordable units was completed. By the end of 2015, all units were constructed and final building inspections had been conducted.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
F.4.c
Packet Pg. 52
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress ACTION 1.B:
MONTEVERDE SENIOR
APARTMENTS
DEVELOPMENT
Facilitate continued
development and
construction of the
Monteverde Senior
Apartments development
on the former
Orinda Library site. This
development will
produce 66 units of
housing for very low- and
extremely low-income
seniors at a density of
48 units per acre and is
anticipated to be
completed in December
2014.
Facilitate completion of 66 units of 2014
housing for very low- and extremely lowincome seniors at the Monteverde Senior Apartments Project. Provide for a
diversity of housing types to meet
current and future needs of all residents
without compromising the semi-rural
character of Orinda's single-family
neighborhoods. Participate in those
housing assistance programs that are
most appropriate to Orinda's setting and
demographcis, with an amphasis on
programs that benefit local seniors and
those who live or work in Orinda.
Continue to provide density bonusesfor
housing that includes dedicated
affordable untis or units set aside for
seniors, consistent with state law.
42004 Construction was completed in November 2014 and the development was fully occupied in December 2014.
F.4.c
Packet Pg. 53
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress ACTION 1.C: PROMOTION
OF SECOND
UNITS
Continue to implement a
public information
and outreach campaign
via the City’s website
and the Orinda City
newsletter to inform
property owners of the
standards for second
unit development and the
importance of
second units to Orinda.
Provide information to
encourage residents to
apply for second units,
particularly where their
homes already include
space that is configured
for a conforming second
unit (e.g., carriage houses,
au pair quarters, second
kitchens on floors with
separate entrances). The
City will produce a flyer
regarding second units
and provide the flyer at the
Planning Department
counter and to project
applicants for all
Promote the public education about
second units, including letting residents
know about the benefits at the Planning
Counter in coversations.
Ongoing
Building permits for three second units were issued in 2015, two in 2016, seven were issued in 2017, four in 2018, six in 2019, nine in 2020, 21 in 2021, and 15 in 2022. Applicants at the Planning Department counter are informed of the second unit standards and, as appropriate, encouraged to consider including a second unit in their development proposals. As of January 1, 2020, state law overrides local ordinances and requires local jurisdictions to ministerially approve certain second units, also known as "accessory dwelling units" (ADUs) if units meet a set of minimum standards. Since this new law went into effect, there has been a significant increase in community interest regarding approval and construction of ADUs in Orinda.
F.4.c
Packet Pg. 54
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress ACTION 1.D:
LEGALIZATION OF
EXISTING
UNREGISTERED SECOND
UNITS
Notify property owners
that under the revised
second dwelling unit
standards, formerly
illegal second units may
possibly now meet
the requirements of the
Zoning Ordinance.
Promote the registration and
legalization of existing second units in
the city that meet current zoning and
building safety standards, including
those which are in active use as rental
housing and those with the potential to
be used as rental units. Facilitate
development of 57 second units
between 2014 and 2022. Based on
prevailing market rents (and the analysis
in Chapter 4 of this element), it is
presumed that 2 of these units will be
affordable to very low-income
households, 13 to low-income
households, and 38 to moderate-income
households
Ongoing
See statement above regarding Action 1C. One building permit was issued in 2018 for the legalization of an existing second unit that was entitled and reported in 2017. With new state laws that went into effect on January 1, 2020, we expect to see more legalization of unregistered second units.
ACTION 1.E: SECOND
UNITS IN WILDER
(GATEWAY VALLEY)
Encourage builders in the
Wilder development to
include second units in
new homes or to
incorporate space with the
flexibility for second unit
conversions in the future.
Encourage the incluson of second units
in new single-family homes, and support
the creation of such units in existing
single-family homes, subject to design
criteria of the Zoning Ordinance and
building code standards as well as
neighborhood compatibility
considerations. Facilitate development
of 57 second units between 2014 and
2022. Based on prevailing market rents
(and analysis in Chapter 4 of this
element), it is presumed that 2 of these
units will be affordable to very lowincome households, 13 to low-income households, 38 to moderate-income
households.
Ongoing
See statement above regarding Action 1C. To date, approvals have been granted for 8 second units in the Wilder subdivision. The Planning Department staff continue to inform Wilder developers of this Housing Element objective, and many of the approved plans have an option of including or converting square footage to second units. One such project was approved in 2018. None were approved in 2019 nor 2021. One was approved in 2022.
F.4.c
Packet Pg. 55
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress ACTION 1.F:
AFFORDABLE HOUSING
INCENTIVE PROGRAM
Continue to implement the
City’s affordable
housing incentive program
(density bonus
ordinance), which grants
up to a 35 percent
increase in the number of
permitted units for
developments which set
aside 20 percent or
more of their units as
affordable, as defined
by state law.
Participate in those housing assistance
programs that are most appropriate to
Orinda's setting and demographcis,
with an amphasis on programs that
benefit local seniors and those who live
or work in Orinda.
Facilitate completion of 66 units of
housing for very low- and extremely lowincome seniors at the Monteverde Senior Apartments Project.
Ongoing
Through the City’s affordable housing program, 66 units restricted to extremely low- and very low-income households were developed at a density greater than allowed without the program for the
Monteverde Senior Housing project. Without the program
approximately 55 units would have been allowed on the project site. The development was competed in November 2014 and fully
occupied in December 2014. The City will continue to implement the Affordable Housing Incentive Program. The City will continue to
meet with interested housing developers on an ongoing basis.
ACTION 1.G: TECHNICAL
ASSISTANCE TO
ORGANIZATIONS THAT
CAN DEVELOP
OR PRESERVE LOWERCOST HOUSING
Provide outreach and
assistance to nonprofit
organizations and builders
whose expertise
can inure to the benefit of
low- and moderate-income
Orinda residents,
particularly
seniors and those with
special needs.
Participate in those housing assistance
programs that are most appropriate to
Orinda's setting and demographcis,
with an amphasis on programs that
benefit local seniors and those who live
or work in Orinda.
Facilitate completion of 66 units of
housing for very low- and extremely lowincome seniors at the Monteverde Senior Apartments Project.
Ongoing
The City worked successfully with Eden Housing to develop 66 units affordable to extremely low- and very low-income senior households at the Monteverde Senior Housing project. The project includes one manger’s unit affordable at the moderate income level. The City will continue to meet with interested housing developers on an ongoing basis. When applications for affordable units or mixedincome housing developments are received, the City will proactively work with the applicants to address issues of concern, such as parking, traffic and design, and will continue to explore ways to reduce the cost of developing such housing in Orinda on a case-by-case basis. A developer submitted an application in 2021 for the Vista Verde affordable senior housing project. The application was submitted, and it was approved in 2022.
F.4.c
Packet Pg. 56
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress ACTION 2.A: ASSISTANCE
TO LOWERINCOME SENIOR
HOMEOWNERS
Participate in Contra Costa
County’s housing
rehabilitation program,
and publicize the
availability of the County’s
low interest loan
programs for lowerincome seniors and
other households.
Encourage reinvestment in the city's
housing stock by private property
owners. Encourage 10 existing very lowincome Orinda households to participate in the
County’s major rehabilitation loan
program.
Ongoing
The City continues to participate in Contra Costa County's housing rehabilitation program. Due to limited time and resources, the City did not take additional steps to advertise the program's availability during the planning period. The City will coordinate with County staff and advertise the program in the city newsletter at least annually, and will post information/links to the City's website.
ACTION 2.B:
PARTICIPATION IN FIRSTTIME HOMEBUYER AND
MCC PROGRAMS
Participate in the County’s
First-Time
Homebuyer and Mortgage
Credit Certificate
(MCC) programs.
Encourage reinvestment in the city's
housing stock by private property
owners. Encourage the preservation of
existing affordable housing in the city,
including the Orinda Senior Village, and
existing second units and rental
apartments. Conserve Orinda's existing
supply of smaller and more affordable
single-family homes, including older twoand three-bedroom homes on lots smaller than 10,000 square feet.
2015
The City continues to participate in Contra Costa County's First Time Home Buyer and Mortgage Credit Certificate programs. Due to limited time and resources, the City did not take additional steps to advertise the program's availability during the planning period. As noted in the Housing Element, the City will coordinate with County staff on implementing this program more proactively.
F.4.c
Packet Pg. 57
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress ACTION 2.C: HOME
MAINTENANCE AND
REPAIR PROGRAMS
Advertise the availability
of existing home
maintenance, repair, and
improvement
programs such as the lowand zero-interest
loans offered through
Contra Costa County’s
Neighborhood
Preservation Program.
Consider applying for
additional grant funding
to assist homeowners with
addressing ADA
accessibility modifications
to their homes.
Conduct code
enforcement on a
complaint-driven basis to
address safety and code
compliance issues.
Encourage reinvestment in the city's
housing stock by private property
owners. Preserve 100 percent of the
existing multi-family rental units in the
city through 2023. Preserve 100 percent
of the existing housing in the city's
nonresidential zoning districts through
2023. Encrourage 10 existing very lowincome Orinda households to participate in the County's major
rehabiltiation loan program.
2015
(advertising)
and 2017
(funding)
The City participates in Contra Costa County's Neighborhood Preservation Program. Due to limited time and resources, the City did not take additional steps to advertise the program's availability during the planning period. As noted in the Housing Element, the City will coorindate with County staff on implementing this program more proactively.
ACTION 2.D: SECOND
UNIT RENT DATA
Continue to collect and
monitor data on
second unit rents to better
understand their
role in the Orinda housing
market and the
income groups they serve.
Encourage the preservation of existing
Ongoing affordable housing in the city,
including
the Orinda Senior Village, and existing
second units and rental apartments.
Ongoing
The City collected and monitored data periodically on second unit rents using online rental forums such as Craigslist. As noted in the Housing Element, the City will create a survey on second units which will be updated annually by the Planning Department.
F.4.c
Packet Pg. 58
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress ACTION 2.E: FLOOR AREA
RATIO LIMITS
Maintain a sliding scale for
calculating floor
area ratios (FAR) as a way
to preserve the
city’s existing stock of
smaller homes.
Encourage reinvestment in the city's
housing stock by private property
owners. Conserve Orinda's existing
supply of smaller and more affordable
single-family homes, including older twoand three-bedroom homes on lots smaller than 10,000 square feet.
Ongoing
Planning Staff continues to successfully implement this program through the structure size limitations of the City’s Zoning Code (Orinda Municipal Code Section 17.6.8).
ACTION 2.F: DESIGN
AWARDS AND
RECOGNITION
Develop a new category in
the Mayor’s
Awards for Architectural
Excellence for small
homes or modifications to
existing small
homes.
Encourage reinvestment in the city's
housing stock by private property
owners. Conserve Orinda's existing
supply of smaller and more affordable
single-family homes, including older twoand three-bedroom homes on lots smaller than 10,000 square feet.
2015
In 2016, a Mayor's Award was presented for Eden Housing's Monteverde Senior Housing project, which included 66 multifamily units.
ACTION 2.G: REDUCTION
IN HOME
ENERGY COSTS
Continue to advise
residents of programs for
reducing residential
energy costs.
Encourage reinvestment in the city's
housing stock by private property
owners.
Ongoing
There is information on some of the available energy cost reduction assistance programs in the Planning Department waiting area. Per the Housing Element, the Planning Department will update information on energy assistance programs in the waiting area and will make links available on the City's website.
ACTION 2.H: TITLE 24
ADMINISTRATION
Continue to enforce
residential energy
conservation requirements
as set forth in Title 24,
California Administrative
Code.
Encourage reinvestment in the city's
housing stock by private property
owners.
Ongoing
Implemented by Building Inspection Department staff through the application of the building codes. The 2019 Building Code took effect on January 1, 2020 and presents more challenging energy savings targets compared to the 2016 Building Code.
ACTION 3.A: DOWNTOWN
Study the feasibility of
mixed-use development at
appropriate densities.
Continue to allow multi-family
residential uses above the ground floor
within Orinda’s Downtown Commercial
zoning district.
2018
The City continues to allow residential units above commercial uses as part of a mixed-use development per Municipal Code Sections 17.8.4 and 17.31. In 2020, Orinda started a Downtown Precise Plan that will increase the allowed density in the Downtown Commercial Zone.
F.4.c
Packet Pg. 59
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress ACTION 3.B:
ADJUSTMENT OF DESIGN
STANDARDS TO IMPROVE
AFFORDABILITY
Implement the City’s
Affordable Housing
Incentive Program to
reduce production costs
in projects containing
affordable units such as
adjusting design
standards on a case-bycase basis, which could
include adjusting
standards for setbacks, lot
coverage, street width,
unit size, and parking, for
all affordable housing
projects.
Meet annually with at least one
affordable housing developer or
representative of an affordable housing
advocacy group to discuss housing
issues, needs and opportunities in
Orinda.
Encourage larger-scale residential
developments to include a mix of unit
types, including smaller units and units
that are affordable to lower- and
moderate-income households.
2015
Construction of 66 units of housing for very low- and extremely low-income seniors at the Monteverde Senior Apartments Project was completed in December 2014. This project made use of the City's Affordable Housing Incentive Program to build at a higher density than usually allowed by code. Additionally, a 52 unit affordable senior housing project at the Vista Verde Project was submitted in 2021 and approved in 2022.
The City will continue to meet with interested housing developers on an ongoing basis. When applications for affordable units or mixed-income housing developments are received, the City will proactively work with the applicants to address issues of concern, such as parking, traffic and design, and will continue to explore ways to reduce the cost of developing such housing in Orinda on a case-by-case basis.
ACTION 3.C: SHARED
HOUSING PROGRAM
Consider participating in
ECHO housing’s
“Shared Housing” or some
similar program as a way
to improve housing
opportunities for
lower-income seniors and
extremely low-income
Orinda residents.
Encourage the sharing of housing units
by homeowners seeking to age in place
or supplement their income. Shared
housing can provide an important
resource for seniors, young adults, and
others in the community who cannot
afford their own home or apartment.
2016
Due to limited time and staff resources since approval of the Housing Element in 2015, the city did not take action to pursue a partnership with ECHO or other similar program to establish a shared senior housing program in Orinda during the calendar year.
F.4.c
Packet Pg. 60
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress ACTION 3.D: NO NET
LOSS OF HOUSING
CAPACITY
Develop and implement an
evaluation
procedure to ensure the
City maintains
sufficient land to
accommodate the
Regional
Housing Needs Allocation
throughout the
planning period. Because
Orinda has a limited
number of sites on which
it can meet its Regional
Housing Needs Allocation
for low- and very lowincome households during
the planning period, it is
important that the
availability of these sites
be monitored.
Section 65863 of the
California Government
Code stipulates that a
community may not
reduce the allowable
density on a housing site if
the result is that the city is
no longer able to meet its
Maintain an adequate number and
variety of sites to meet the City’s
Regional Housing Needs Allocation.
Ongoing
Orinda has a limited number of sites on which it can meet its Regional Housing Needs Allocation during the planning period.
Therefore, the Planning Department monitors the existing sites identified in the Housing Element as zoning changes are proposed and/or as development is proposed on multi-family housing sites.
F.4.c
Packet Pg. 61
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress ACTION 3.E: HOUSING
SITE(S)
As a part of the 5th Cycle
Housing Element,
the City considered anew
whether to rely on
the 3.2 acre Santa Maria
site to help meet the City’s
RHNA for lower income
households. The City
selected the Santa Maria
site in EIR Alternative 1 to
zone at up to 20 dwelling
units per acre (the “default
density” under State law)
in order to accommodate
48 units of the City’s
allocation of lower income
households. Through this
Action, the City will initiate
and process an
amendment of the
development policies (i.e.,
general plan, zoning
and/or zoning map)
applicable on the selected
site to replace the existing
High Density Overlay
District on the site with
policies to accommodate a
total of 48 units at up to 20
Maintain an adequate number and
variety of sites to meet the City’s
Regional Housing Needs Allocation.
Meet Orinda's Regional Housing Needs
Allocation mandates through a
combination of second units and
rezoning of adequate land area at the
default density.
Within 2
years of
Adoption of
Housing
Element
On March 15, 2016, the Orinda City council approved revisions to the use permit process in the RM District consistent with Action 3E of the Housing Element.
F.4.c
Packet Pg. 62
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress ACTION 4.A: REVISE THE
USE PERMIT
REQUIREMENTS
Revise the use permit
process in the
Residential MediumDensity (RM) District.
Ensure that Orinda’s permitting and
approval processes do not unduly
constrain or delay the construction of
housing. City procedures should be
consistent with Permit Streamlining Act
requirements and should not include
unreasonable fees or regulations.
Within 1 year
of adoption
of Housing
Element
On March 15, 2016, the Orinda City council approved revisions to the use permit process in the RM District consistent with Action 3E of the Housing Element. The Downtown Precise Plan, which will include objective design standards, is expected to assist with streamlining development in downtown once adopted.
ACTION 4.B: REDUCTION
OF PERMITTING
COSTS AND DELAYS
Explore the feasibility of
expanding the City’s
Affordable Housing
Incentive Program to
add provisions for
reductions in application
processing costs for multifamily projects containing
affordable units.
Ensure that Orinda’s permitting and
approval processes do not unduly
constrain or delay the construction of
housing. City procedures should be
consistent with Permit Streamlining Act
requirements and should not include
unreasonable fees or regulations. Make
a "completeness" determination for
planning applications within two weeks
or less for 80 percent of all applications
received, rather than
waiting the full 30 days allowed by the
Permit Streamlining Act.
Provide at least one workshop or
training seminar a year to assist
owners, builders, contractors, and
others with understanding Orinda's
development process and requirements.
Ongoing
Planning Staff continues to be responsive to applicants and perform completeness reviews within the 30-day timeline. Development impact fee waivers are available for affordable housing projects.
ACTION 4.C: SHARED
PARKING
REGULATIONS
Consider adopting shared
parking regulations
where it can be
demonstrated that there
will
be no parking shortages.
Consider flexibility in development
standards, such as reduced parking
requirements for senior housing, in
order to accommodate additional
affordable units and reduce housing
costs.
2016
Exceptions to the parking regulations are considered on a case-by-case basis.
Consideration of a shared parking program is pending. The City adopted a parking variance in-lieu fee in 2020 that permits developers to pay an in-lieu fee for nonresidential development parking requirements. Orinda may consider expanding the parking variance in-lieu oridnance to residential development in the future. As of January 1, 2023, state law allows reduced parking requirements near transit stations.
F.4.c
Packet Pg. 63
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress ACTION 4.D: BUILDING
CODE UPDATES
Continue to implement the
California Building
Code of Regulations as
locally amended.
Update or amend the
codes as state
requirements change.
Ensure that Orinda’s permitting and
approval processes do not unduly
constrain or delay the construction of
housing.
Ongoing
Latest building code and local amendments adopted in January 2020. Revised small-scale solar PV streamlining requirements adopted in 2015. The building code is administered by the Contra Costa County Building Department.
ACTION 4.E: FEE
UPDATES
Periodically review
planning and building fees
to ensure they cover
required costs but are
not more than is
necessary to provide the
required City services.
Ensure that Orinda’s permitting and
approval processes do not unduly
constrain or delay the construction of
housing.
Annually
The Planning Department's fees are updated annually to reflect actual processing costs. The 2022-2023 fiscal year fee schedule took effect on July 1, 2022.
ACTION 5.A: FAIR
HOUSING PROGRAM
Distribute information
regarding fair housing
issues in the City’s
quarterly newsletter, at
the Orinda Library, and at
City offices.
Continue to promote equal housing
opportunity for all Orinda residents and
others seeking housing in the city,
regardless of race, religion,
marital/family status, ethnic background,
or other arbitrary factors. Support
programs that educate and inform
residents about fair housing laws, the
Regional Housing Needs
Allocation process, and the City's
obligations under state housing law.
Follow up on 100 percent of all fair
housing complaints received by the City.
Ongoing
This policy remains active. There were no fair housing complaints in 2022. The City periodically includes housing information in a
quarterly newsletter. Articles regarding affordable homeownership opportunities at Orinda Grove and the status of the Monteverde Senior Apartments project were included in past newsletters.
F.4.c
Packet Pg. 64
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress ACTION 5.B: LOCAL
PREFERENCE IN
HOUSING
OPPORTUNITIES
Continue measures to
ensure that persons
who work in Orinda
receive preference in the
occupancy of new
affordable for-sale
housing
units.
Support programs that educate and
inform residents about fair housing
laws, the Regional Housing Needs
Allocation process, and the City's
obligations under state housing law.
Ongoing
The local preference program provisions were incorporated into the established below market rate program for the Orinda Grove project. This action will be continued for other development projects.
ACTION 5.C: ASSISTANCE
FOR PERSONS
WITH DEVELOPMENTAL
DISABILITIES.
Support the construction
and rehabilitation of
housing to meet the needs
of Orinda
residents with
developmental disabilities,
including small group
homes and units in
affordable housing
developments that are
designed for
developmentally disabled
persons.
Encourage the development of
housing designed to meet the unique
needs of seniors and persons with
disabilities. The City endorses the
concept of universal design, wherein all
new construction and renovations
are designed to recognize the varying
levels of mobility in the population.
Ongoing
Several of the units in the Monteverde project and the Vista Verde project included universal design features to accommodate the unique needs to seniors and persons with disabiltiies. This action will be continued.
F.4.c
Packet Pg. 65
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress General Comments
F.4.c
Packet Pg. 66
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Jurisdiction Orinda ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name
+ Local Jurisdiction
Tracking ID
+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier 1
2 Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
F.4.c
Packet Pg. 67
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Jurisdiction Orinda ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+
.
For detailed reporting requirements, see the chcklist
here:
Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
F.4.c
Packet Pg. 68
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Jurisdiction Orinda
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Prior APN+ Current APN Street Address Project Name+
Summary Row: Start Data Entry Below
For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the plan Project Identifier
1 F.4.c
Packet Pg. 69
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Report (APR) of Housing Element for
ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Housing Element Implementation Cells in grey contain a
2 3
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Table F2
Above Moderate Income Units Converted to Moderate Income Pursua nning agency may include the number of units in an existing multifamily building that were converted to d this table, please ensure housing developments meet the requirements descr Unit Types Affordability by Hou
F.4.c
Packet Pg. 70
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Report (APR) of Housing Element for auto-calculation formulas
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
nt to Government Code section 65400.2
eed-restricted rental housing for moderate-income households by the imposition of affordability covenants a ribed in Government Code 65400.2(b).
4 5
usehold Incomes After Conversion Units credited toward Ab RHNA
F.4.c
Packet Pg. 71
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Report (APR) of Housing Element for Notes 6
Date Converted Notes
and restrictions for the unit. Before adding information to ove Moderate
F.4.c
Packet Pg. 72
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Report (APR) of Housing Element for Jurisdiction Orinda
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation 2
3 4
APN Street Address Project Name
+ Local Jurisdiction
Tracking ID
+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
F.4.c
Packet Pg. 73
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Jurisdiction Orinda
Reporting Period 2022
(Jan. 1 - Dec.
31)
1 2 3 4
APN Street Address/Intersection Existing Use Number of
Units
NOTE: This tab
ALL surplus/ex
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS
Housing Element Implemen
Table H
Locally Owned Surplus Site
For Contra Costa County jurisdictions, please format the A F.4.c
Packet Pg. 74
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Report (APR) of Housing Element for Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Designation Size Notes 5 6 7
Surplus
Designation
Parcel Size (in
acres) Notes
ble is meant to contain an invenory of
xcess lands the reporting jurisdiction
owns
S REPORT
ntation
es
APN's as follows:999-999-999-9
F.4.c
Packet Pg. 75
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Report (APR) of Housing Element for Jurisdiction Orinda ANNUAL ELEMENT PROGRESS REPORT Note: + indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date 2 3
APN Street Address Project Name
+ Local Jurisdiction
Tracking ID
+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
266130001 15 St. James Ct Application for Parcel
Map for Lot Split
6/23/2022
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.
Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.
Summary Row: Start Data Entry Below
Project Identifier Unit Constructed 1 4
Annual Progress Report January 2020
F.4.c
Packet Pg. 76
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Jurisdiction Orinda ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Summary Row: Start Data Entry Below
Not
Cells in g
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020
F.4.c
Packet Pg. 77
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Jurisdiction Orinda
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 15
6 21
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 6 6 0
2 to 4 0 0 0
5+ 52 0 0
ADU 0 15 1
MH 0 0 0
Total 58 21 1
38 92
92 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
F.4.c
Packet Pg. 78
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Report (APR) of Housing Element for 2022) Jurisdiction Orinda
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Downtown Precise Plan: Program
EIR $65,000.00 $33,887.50
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Tab Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
L
Please update the status of the proposed uses listed in the entity’s application for funding and the c 50515.02 or 50515.03, as applicable.
$
F.4.c
Packet Pg. 79
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Report (APR) of Housing Element for Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Moderate
Above Moderate
Total Units
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
F.4.c
Packet Pg. 80
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Report (APR) of Housing Element for Total award amount is auto-populated based on amounts entered in rows 15-26. ble A2)
Current Year
0 8
0 30
0 14
6 58
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the 65,000.00
Task Status
In Progress
F.4.c
Packet Pg. 81
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Report (APR) of Housing Element for Current Year 00000
156
21 Current Year 00000101
F.4.c
Packet Pg. 82
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Report (APR) of Housing Element for Other
Funding Notes
Local
General Fund
The Program EIR is
funded by 3 sources:
the general fund, a
portion of SB2, and the
LEAP grant.
eligible uses specified in Section
F.4.c
Packet Pg. 83
Attachment: Housing Element Annual Progress Report for Calendar Year 2022 (3073 : Annual Progress Report (APR) of Housing Element for City Council
Staff Report
Agenda Item: F.5
Date: April 11, 2023
Department:
Public Works and
Engineering Services
AGENDA TITLE: Award Engineering Design Services Contract to CSG for the 2023 Annual Pavement Rehabilitation Project #4171
RECOMMENDATION:
Staff recommends that the City Council award the Engineering Design Services Contract for the 2023 Annual Pavement Rehabilitation Project (Project No. 4171) to CSG Consultants, Inc. for the total amount of $ 110,100; authorize program expenditure up to $150,000 to include thirty six percent (36%) contingency; and authorize the City Manager to execute the contract on behalf of the City per Ordinance No. 2.55.105 subject to approval as to form by the City Attorney.
BACKGROUND: On February 7, 2023, the City Council approved the list of streets for the Annual 2023 Pavement Rehabilitation project and approved a $200,000 Road Project Funding Nomination to California Transportation Commission (CTC) for 2023 SB 1 Local Partnership Program (LPP) formulaic funds for the 2023 Annual Pavement Rehabilitation Project No. 4171. As part of the Funding Nomination Application to CTC, staff is required to include a preliminary street improvement design plan by April of 2023. The purpose of the engineering design services contract is to have a consultant perform field assessments on all street sections and identify the most cost effective and highest quality treatment for each road section, prepare engineering plans and specifications necessary to bid the 2023 Annual Pavement Rehabilitation Project in summer 2023.
Due to staff shortages over the past year, we were unable to arrange for the design needs, which is normally done using a formal request for proposal (RFP) process.
Also, the list of streets was not completely determined until recently, primarily due to the additional advance funding that is available to the City through an LPP – Measure J Fund exchange agreement approved by City Council on February 7, 2023. As a result, staff is requesting award of the subject contract by an informal RFP process as described below.
SUMMARY: California law requires that selection by a local public agency of private architectural, engineering, environmental, land surveying, or construction project management services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Local agencies shall not review or negotiate a cost proposal until after the final qualification determination has been made. The contract shall be negotiated with a qualified firm, at a price determined to be fair and reasonable to the local agency.
F.5
Packet Pg. 84
Per City Ordinance 2.55.105, contracts or purchases involving the acquisition of consultant or professional services are exempt from competitive bidding; however, the procurement of such services shall be awarded on the basis of demonstrated competence and professional qualification for the satisfactory performance of the services required and the reasonableness of the cost of services.
Most of the streets for 2023 Annual Pavement Rehabilitation were designed previously by CSG Consultant from 2015 through 2017 except for 3 streets that were designed by Harris and Associates. Staff reached out to CSG Consultants Inc. and Harris and Associates to submit a proposal; both firms currently have on-call contracts with the city, but those contracts are not intended for relatively large tasks such as the subject design work. Harris and Associates declined to submit a proposal. CSG Consultant Inc. submitted a proposal and staff reviewed and negotiated the cost for the required services (Attachment A).
It is in the best interest of the City to contract with CSG Consultant to prepare the plans and specification for the project due to its level of expertise and existing knowledge and experience/involvement with preparation of street improvements plan for previous rehabilitation projects in Orinda.
NEXT STEPS: Upon award of the contract, City staff will route contract (Attachment B) for execution, and then schedule a kick-off meeting with CSG Consultants, Inc. CSG Consultants, Inc. will develop plans, specifications, and cost estimates (PS&E) necessary to bid the project out.
FISCAL IMPACT: The costs of the proposed CSG contract will be billed on a time and materials basis for an estimated amount of $ 110,100. If additional work is authorized and the full contingency is used, the maximum cost would be $150,000. This amount is reflected in the budget, as shown in the attached CIP (Capital Improvement Plan) project detail sheet for this project (Attachment C).
ATTACHMENTS:
A. Orinda_2023 Paving Project - Fee Proposal Letter 2023.03.09_FINAL B. CSG Service Contract_ Signed
C. Plan-It Project Detail for 4171 3-28-2023
Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Scott Christie, Public Works Director
Approved by:
F.5
Packet Pg. 85
F.5
Packet Pg. 86
3875 Hopyard Road #141
Pleasanton, CA 94588
phone 925.931.0370
fax 925.931.0388
www.csgengr.com
FOSTER CITY | PLEASANTON | SAN JOSE | SACRAMENTO | NEWMAN | ORANGE March 9, 2023
Ms. Farah Khorashadi
City of Orinda
22 Orinda Way, 2nd Floor
Orinda, CA 94563
RE: City of Orinda – FY 2023 Pavement Rehabilitation Project (Project No. 4171) Design Fee Proposal Dear Ms. Khorashadi,
CSG Consultants, Inc. (CSG) is pleased to present the following fee proposal to provide our professional design services for the FY 2023 Pavement Rehabilitation Project (Project) to the City of Orinda.
Project Understanding
On February 7, 2023, the City of Orinda provided CSG with a list of twenty-nine (29) street segments to be included within the Project. The list of street segments is attached herewith as Attachment A. Of the 29 street segments, 27 segments require preventive maintenance treatment and will be designed by CSG, and 2 street segments, located on Minor Road, will not be designed by CSG. Minor Road will be designed by others but will be incorporated in the Contract Documents for the purposes of issuing a single bid package.
The Project will consist of the following major tasks:
Preparing treatment rehabilitation plans and specifications using the City’s base maps. Reviewing storm drain CCTV data provided by the City, and providing storm drain repair recommendations
Upgrading ADA Curb Ramps found to be deficient
Preparation of final PS&E Package for the listed preventive maintenance treatment on the preselected street segments within the City Scope of Services
CSG’s Level of Effort (LOE) by Task described below is attached hereto as Attachment B. CSG will provide the following services:
Task 1 – Project Management & General Services
Work will include all project management required to complete the work on time and on budget. This task includes but is not limited to general management of the Project, Project schedule updates, monthly progress updates.
Task 2 – Preliminary Engineering & Design
CSG with utilize the City’s base maps from previous projects to develop the Project plans. CSG will utilize these maps to show the limits and type of pavement treatment for the 27 street segments planned for preventive maintenance treatment types. The City will also provide CSG with GIS data for all storm drain F.5.a
Packet Pg. 87
Attachment: Orinda_2023 Paving Project - Fee Proposal Letter 2023.03.09_FINAL (3071 : Award Design contract to CSG CIP #4171) 2 facilities located within the City’s limits. The Project plans will show limits and quantities of each treatment type, limits and quantities for signage and striping, quantities for base repairs & edge treatment (no locations marked per City’s request), and storm drain repair locations, if any.
The City will also provide CSG with their latest Front End and Technical Specifications templates in word document format for CSG’s review and use in preparing the contract documents.
Note: The design and complete PS&E of the two segments of Miner Road will be by others and included in the bid package as a completely separate volume.
CCTV Evaluations:
1. CSG will review existing CCTV data from the 2015, 2016, 2017 Annual and Measure J&L projects for the streets included in the Project where “No Action” was previously designated and provide the City with a list of storm drain segments with defects not previously addressed in the 2015- 2017 projects that will require new CCTV.
2. The City will provide CSG with CCTV data and CCTV evaluations for the streets designed by Harris & Associates in 2018 and 2019. CSG will review this data and provide the City with a list of storm drain segments with defects not previously addressed in 2018 and 2019 that will require new CCTV.
3. CSG will prepare the 30% complete plans showing the location of all known storm drain segments for the City’s coordination with their CCTV contractor for the following streets, not previously included with any recent pavement rehabilitation project:
a. Happy Valley Road – City Limit to City Limit (North) b. Tara Road – Southwood Dr to Nonie Rd
c. Tara Road – Nonie Rd to Overhill Rd
d. Charles Hills Road – 31 Charles Hill Road to Soule Rd e. Sleepy Hollow Lane – Lombardy Ln to Southerly Edge of Normandy Ln
4. CSG will review the new CCTV data provided by the City to evaluate if any storm drain repairs should be included in the Project.
Monument Research and Preservation
For the streets where Mill & Fill is the proposed pavement treatment, CSG will review available record maps and corner records to identify the location of monuments that will require monument preservation during the course of construction. We will confirm the locations of these monuments through our field investigations.
Field Investigations:
1. CSG to perform field investigations for all streets in order to:
a. Verify the limits of work
b. Verify length, width, and area to receive pavement treatment c. Verify base repair and edge treatment quantities provided by the City. d. Document utility covers and lids that will require adjusting due to M&F operations or where base repairs are proposed
e. Verify signage and striping types and quantities
F.5.a
Packet Pg. 88
Attachment: Orinda_2023 Paving Project - Fee Proposal Letter 2023.03.09_FINAL (3071 : Award Design contract to CSG CIP #4171) 3 2. Verify location and quantity of all monuments located within the pavement limits of streets proposed for Mill & Fill pavement treatment and monuments located within proposed base repair areas of streets proposed for micro-surfacing treatment for monument preservation.
3. Depths for all storm drain repairs where access to inlets, outfalls and manholes are readily available.
4. Verify existing curb ramps for ADA compliance via smart level
5. Other miscellaneous items that will need field verification Task 3 – Prepare PS&E Package
CSG will provide the following services as part of the development of the PS&E packages at the 30%, 90% and Bid Set design stages (except for Minor Road):
CSG will procure facility maps for all streets not previously designed by CSG or Harris (Happy Valley Road, Tara Road, Sleepy Hollow Lane, Charles Hill Road). CSG will show existing utility facilities, as previously shown on the plans prepared by CSG and Harris with notes indicating that the utilities shown are of record based on previous projects. All high-pressure PG&E gas facilities on the project streets (schematically) will be shown on the Project plans. – 90% Submittal
Prepare Project Plans – 30%, 90%, Bid Set
o 30% plans will be conceptual, showing only the pavement treatment type and limits for each street and any storm drain segments that require CCTV investigations. Prepare the Front End and Technical Specifications for the Project – 90% and Bid Set Develop the Bid List and Prepare the Engineer’s Estimate – 90% and Bid Set Develop additional construction details, as necessary. CSG will utilize the construction details developed during the 2015, 2016 and 2017 Annual and Measure J&L projects, where applicable. 90% and Bid Set only
QA/QC for the 90% Submittal and Bid Set Submittal.
Task 4 – Optional Services
For the purposes of this proposal, CSG understands that pavement testing has not been performed for any street included in Project. However, as there are streets included in the list provided by the City that have not been previously reconstructed in either CSG’s or Harris’ previous projects, we recommend, at minimum, pavement testing be performed for the streets listed with lower PCI ratings, being Happy Valley Road and Tara Road (from Nonie Road to Overhill Road).
Should ADA deficient curb ramps be identified during CSG’s field investigations and detailed re-design of these ramps be required, CSG will perform topographic survey and add curb ramp details to the construction documents.
Assumptions & Exclusions
For the purposes of preparing this fee proposal, the following assumptions were made:
The project plans will be prepared schematically, utilizing the City’s base maps to show the limits of the pavement treatment only. The development of Plan and Profile sheets is not included in the Project scope of work.
Existing signage and striping will be replaced in-kind. CSG with utilize quantities from previous projects and will verify the types and quantities during site investigations.
F.5.a
Packet Pg. 89
Attachment: Orinda_2023 Paving Project - Fee Proposal Letter 2023.03.09_FINAL (3071 : Award Design contract to CSG CIP #4171) 4 Utility covers and boxes to be covered (micro-surfacing) or adjusted to finished grades (Mill & Fill) will be shown on the Project plans. CSG to field verify their locations and quantities. The City will undertake all coordination efforts with PG&E for any work in proximity of the highpressure gas mains. Potholing and other utility locating services to determine exact horizontal location and depth of high-pressure gas mains are excluded from this proposal. Improvement Plans, Specifications, and Cost Estimate for all work on Miner Road will be furnished by others and attached to the contract documents as Volume 2 of the bid package. CSG will not perform any portion of the design and will not be signing or stamping the contract documents related to Miner Road (Volume 2).
Topographic survey may be provided as an optional task for deficient curb ramps. Topographic survey for other reasons is not anticipated and is thus excluded from this proposal. Design of corrective measures for drainage issues are not included in the Project scope. Bid and Construction Support Services are not part of this Project scope.
Should any of the above assumptions change, CSG may request adjustments to the fee shown below, commensurate with the extent of the changes.
Our level of effort and estimated fee for performing the work described above is shown on Attachment B, and is as follows: Task 1, 2 and 3 - $110,100.
The fee will be based on the time and materials spent. Once a Notice to Proceed is issued by the City, CSG will commence with the work as described in the below tentative schedule:
NTP March 13, 2023
30% Plans Week of April 3 2023
90% PS&E Week of May 15, 2023
Bid Set Package Week of June 19, 2023
Please note that the tentative date for the delivery of the 30% Plans will be dependent on when CSG receives the files to be furnished by the City as described in Task 2 above.
We look forward to working with the City of Orinda on this Project.
Please feel free to contact us at (650) 522-2557 or email me at [email protected] if you have any questions.
Sincerely,
CSG Consultants, Inc.
F.5.a
Packet Pg. 90
Attachment: Orinda_2023 Paving Project - Fee Proposal Letter 2023.03.09_FINAL (3071 : Award Design contract to CSG CIP #4171) 1/26/2023 Street List for FY 2023 Pavement Rehabilitation Project (Project No. 4171) Street Name Begin location End Location Length Width Last Treatment Date Column1 Happy Valler Road City Limit City Limit (North) 2,383 23 Mill and Overlay -2008 Tara Road Southwood Drive Nonie ROAD 2,349 25 Mill and Overlay - 2011 Tara Road Nonie Road Overhill Road 908 23 Mill and Thin Overlay- 2014 Lost Valley Drive Edgewwod Road Cul-de-sac 906 24 FDR - 2016 Lost Valley drive Don Gabriel Way 700' W of PGE Substation 700 30 FDR-2014 - Seal crack 2017 Lost Valley Drive 700' west of PGE SubstationEdgewood Road 2,664 24 FDR - 2014 Miner Road Lombardy Lane Tigertail Ct 2,350 23 Slurry seal and digouts - 2007 Miner Road Tigertail CT Sycamore 2,048 24
El Nido Ranch Road St. Stevens Drive City Limit 1,935 37 Mill and Thick overylay - 2017 Charles Hills Road 31 Charles Hills Soule Road 899 22
Sleepy Hollow Lane Lombardy Lane Sly Edge of Normandy Lane2,809 22 Mill and Thick Overylay - 2011 Sleepy Hollow Lane Sly Edge of Normany Lane Tarry Lane 1,853 22 Mill and Thin Overlay- 2019 2019 Washington Lane Sleepy Hollow Lane to End End 550 20 Slurry seal and digouts - 2019 2019 Normandy Lane Sleepy Hollow Lane Ridge lane 1,277 20 Mill and Thick Overlay -2015 Ridge Lane East End West End 727 19 Mill and Thick Overlay -2015 Tarry Lane Lombardy lane Sleepy Hollow 434 20 FDR - 2018 2018 Amber Valley Drive Dalewood Cul-l De- Sac 1,060 29 FDR-2016 Singingingwood Lane Amber Valley Drive Cul- De-Sac 550 29 FDR-2016 Fallen Leaf TR Dalewood Drive Cul-De-Sac 837 29 FDR-2016 Candel Terrace Dale wood Drive Cul-de-sac 496 31 FDR-2017 Edgwood Road Lost Valley Drive End 591 25 FDR-2017
Kenmore Ct Lost Valley Drive Cul-de-sac 487 25 FDR-2017 Snow Court Lost Valley Drive Cul-de-sac 581 30 FDR-2018 2018 Albo Court Kemore Court Cul-De-Sac 387 25 FDR-2017 Crack Seal 2020 Don Gabriel Way Valley View Drive El Camino Moraga 2,058 24 FDR -2017 SunDown TR Dalewood Drive Happy Valley Road 1,850 33 FDR-2017 El Camino Moraga Dona Maria Way Don Gabriel Way 693 26 FDR-2015 El Camino Moraga Donna Maria Way Moraga Way 737 26 FDR-2017 Van Ripper Lane Lombardy lane Van Tassel Lane 3,840 19 FDR-2017 F.5.a
Packet Pg. 91
Attachment: Orinda_2023 Paving Project - Fee Proposal Letter 2023.03.09_FINAL (3071 : Award Design contract to CSG CIP #4171) Attachment B
City of Orinda
FY 2023 Pavement Rehabilitation Project (Project No. 4171) CSG Consultants - Fee Estimate for Professional Services Task Description
Principal EngineerAssociate EngineerAssistant Engineer
Category $250 $185 $155 Hours Cost
Project Management & General Coordination 20 20 $5,000
Subtotal - Task 1 20 0 20 $5,000
Coordinate & Review Available CAD Files and Specification Files 8 16 24 $4,960 Utility Base Mapping 4 16 20 $3,960
Create AutoCAD Base Drawing 2 16 18 $3,460
Review Storm Drain CCTV Data and Prepare Repair Recommendations 8 32 40 $7,920 Monument Research & Preservation 2 8 10 $1,980
Field Investigation - Happy Valley Road, SD Repairs, Curb Ramps, Miscellaneous 8 64 64 136 $23,760 Subtotal - Task 2 32 152 64 248 $46,040
Prepare 30% Conceptual Plans per City's Direction 2 40 42 $7,900 Prepare 90% Plans 8 120 128 $24,200
Prepare 90% Cost Estimate 2 24 26 $4,940
Prepare 90% Specifications 2 16 18 $3,460
Prepare Bidset Plans 4 56 60 $11,360
Prepare Bidset Cost Estimate 1 12 13 $2,470
Prepare Bidset Specifications 1 8 9 $1,730
QA/QC 12 12 $3,000
Subtotal - Task 3 32 276 308 $59,060
Curb Ramp Detailed Design (Optional)
Pavement Testing Sub (Optional)
Task 1, 2, 3 84 428 64 576 $110,100
Task 3 - Prepare PS&E Package
Task 4 - Optional Services
Task 1 - Project Administration
CSG Team
Total
Task 2 - Preliminary Engineering & Design
CSG Consultants, Inc.
F.5.a
Packet Pg. 92
Attachment: Orinda_2023 Paving Project - Fee Proposal Letter 2023.03.09_FINAL (3071 : Award Design contract to CSG CIP #4171) 1 CITY OF ORINDA
SERVICES CONTRACT
CSG Consultants, Inc. (“Provider”) and the City of Orinda (“City”), a municipal corporation, agree as follows. City and Provider are sometimes individually referred to herein as “Party” and collectively as “Parties.”
1. Purpose of Contract.
a. City requires certain special services for the purpose of the 2023 Annual Pavement Rehabilitation Project No.4171
b. Provider is qualified to provide these services and is willing to provide them according to all of the terms of this agreement, including all insurance requirements set forth herein.
2. Duties of Provider.
a. Provider agrees to perform services described in Exhibit A, which is attached to this agreement and incorporated by this reference. Provider agrees to perform these services diligently in accordance with the standards of its profession and to City’s satisfaction.
Provider promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the services described in this agreement.
b. The parties may, from time to time, agree in writing that Provider, for additional compensation, shall perform additional services. c. Provider shall assign only competent personnel to perform services pursuant to this agreement. Provider shall notify City in writing of any changes in Provider’s staff assigned. City may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the City makes such a determination, Provider shall replace such person immediately.
3. Time of Performance.
a. This agreement shall not be effective and no payments shall be made to Provider until:
(i) City has received satisfactory evidence that Provider has met all of the insurance requirements, and
(ii) All required signatures have been obtained.
b. The effective date of this agreement shall be the date on which the last signature is affixed or on receipt of satisfactory evidence of insurance, whichever is later.
F.5.b
Packet Pg. 93
Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) 2 c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City. All work shall be completed no later than June 15,2023
4. Compensation.
a. City agrees to pay Provider at the rates described in Exhibit A, not to exceed a maximum contract price of $110,100 for all services performed under this agreement. b. Provider shall bill City on a monthly basis for work done in the preceding month. The billings shall contain, as a minimum, total hours worked on the project by position, hourly rates, total amount due for the period and a contract payment status summary showing total billed to date compared to total authorized contract amount. In addition, Provider shall describe work that was completed during the monthly billing period both in qualitative terms (e.g., listing project activities) and in quantitative terms (e.g., scope of work completion percentage). City, at its sole discretion, shall evaluate the billing and determine whether or not the amount billed is commensurate with the state of completion of the work. If City determines that the amount billed exceeds the status of completion of either an individual task or the entire project, then City may reduce the amount of the progress payment accordingly. c. The parties shall agree in writing to any changes in compensation due to changes in Provider’s services prior to performance of those changed services. d. To the extent that Provider’s insurance documentation is not in compliance with the requirements of this agreement and the City Attorney is required to intervene to explain and obtain the proper documentation from Provider’s insurer, the cost of the City Attorney’s services will be deducted from the contract price to which Provider would otherwise be entitled under the terms of this agreement.
5. Provider Status.
Provider is an independent contractor and is solely responsible for its acts and omissions. Provider is not City’s agent, employee or representative for any purpose. Provider has no power to incur any debt, obligation, or liability on behalf of City. Provider shall direct and control its personnel and shall pay all wages, salaries, and other amounts due such personnel in connection with this agreement and as required by law. Provider is responsible for all reports and obligations respecting such personnel. Provider shall pay of all taxes, fees, contributions or charges applicable to the conduct of Provider’s business, and shall provide City with proof of compliance upon request.
6. Conflict of Interest.
Provider understands that its professional responsibility is solely to City. Provider warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this agreement. Provider shall not employ a person having such an interest in the performance of this agreement.
F.5.b
Packet Pg. 94
Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) 3 Provider and its agents or employees working under this agreement shall submit statements of economic interest under the Political Reform Act (Government Code section 81000 et seq.) if requested to do so by City.
7. Work Product, Intellectual Property and Records.
All documents furnished to Provider by City and all reports or work product (including electronically stored documents) prepared by Provider under this agreement are City’s property and shall be given to City at the completion of Provider’s services without restriction or limitation on use or dissemination by City. Provider grants City a royalty-free, exclusive and irrevocable license to reproduce, publish and use all original computer programs, writing, sound recordings, pictorial reproductions, diagrams, charts, computations, drawings and other works of similar nature produced in the course of the performance of this agreement. Provider shall not publish any such material without the prior written consent of City.
Provider represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this agreement. Provider further represents that it shall ensure City has the legal right to utilize all intellectual property involved in and/or resulting from Provider’s performance of this agreement.
In the performance of this agreement, Provider may be given access to confidential City information. Provider shall hold any such information in confidence.
Provider shall maintain and make available to City accurate books and accounting records relating to its work under this agreement. Provider will permit City to audit, examine and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records or personnel and other data related to all other matters covered by this agreement, whether funded in whole or in part under this agreement. Provider shall maintain such data and records in an accessible location and condition for a period of not less than three years after final payment under this agreement or until after final audit has been resolved, whichever is later.
8. Assignment; Subcontracts.
Provider’s services are considered unique and personal. Provider shall not assign or transfer its interest or obligation under this agreement without City’s prior written consent.
Provider shall not subcontract its duties under this agreement without City’s prior written consent. Any attempt to do so shall be null and void, and any assignees, subcontractors or transferees shall acquire no right or interest by reason of such attempted assignment, subcontracting or transfer.
9. Licenses and Compliance with Laws.
Provider represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals legally required for Provider to practice its profession and/or provide services under this agreement. Provider shall, at its sole cost and expense, keep in effect such licenses, permits, qualifications, insurance, and approvals at all times during the F.5.b
Packet Pg. 95
Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) 4 term of this agreement. Provider shall keep itself fully informed of and in compliance with all applicable laws affecting its performance under this agreement.
10. Insurance Types and Limits.
Provider shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with its performance under this agreement. Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with a limit of no less than $1 Million per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with a limit of no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Workers’ Compensation insurance will not be required if Provider furnishes to City a written verification that it has no employees. d. Professional Liability (Errors and Omissions) Insurance appropriate to the Provider’s profession, with a limit of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If Provider maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
11. Additional Insurance Requirements.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: City, its officers, officials, employees, and volunteers are to be covered as insureds on the Auto Liability policy and on the Commercial General Liability policy.
b. Primary Coverage: For any claims related to this agreement, Provider’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of the Provider’s insurance and shall not contribute with it.
F.5.b
Packet Pg. 96
Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) 5 c. Notice of Cancellation. Provider shall not cancel, assign, or change any policy of insurance required by this agreement or engage in any act or omission that will cause its insurer to cancel any insurance policy required by this agreement except after providing 30 days prior written notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer, the Provider shall immediately provide written notice to the City and obtain substitute insurance meeting the requirements of this agreement.
Nothing in this subsection relieves Provider of its obligation to at all times maintain all insurance required by this agreement.
d. Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation which any insurer of Provider may acquire against City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City. City may require Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City. g. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
(i) The retroactive date must be shown and must be before the effective date of this agreement or the beginning of work, whichever is earlier.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the of work. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date/beginning of work. Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
h. Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. i. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
12. Verification of Insurance.
F.5.b
Packet Pg. 97
Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) 6 Provider shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required herein.
Such evidence of insurance shall be attached hereto as Exhibit B and considered an integral part of this agreement, which shall not become effective until satisfactory evidence of insurance has been received by City. All evidence of insurance must be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Provider obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
13. Indemnification.
To the fullest extent allowed by law, Provider shall defend, indemnify and hold harmless City and its officers, employees, agents and volunteers from and against any and all liability, claims, suits, losses, injuries, damage, demands, expenses and costs (including, without limitation, attorney fees and expert fees) arising out of, pertaining to or relating to the negligence, recklessness, or willful misconduct of Provider in the performance of this agreement.
Provider shall not be obligated to indemnify City against liability arising from the sole negligence or willful misconduct by City. The provisions of this section survive termination of this agreement.
14. Equal Employment Opportunity.
Provider is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. In the performance of this agreement, Provider shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.
15. Notices.
Any notice to be given under this agreement shall be in writing and addressed to the parties as follows:
City
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Provider
CSG Consultants, Inc.
550 Pilgrim Dr.
Foster City, CA 94404
Cyrus Kianpour
16. Litigation.
If either party brings an action to enforce this agreement, the prevailing party is entitled to reasonable attorney fees and costs (including, but not limited to, expert witness fees and discovery costs).
F.5.b
Packet Pg. 98
Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) 7 17. Waivers.
Waiver of a breach or default under this agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this agreement.
18. Modification.
No waiver, modification or termination of this agreement is valid unless made in writing.
19. Severability.
If any provision of this agreement is held invalid by a court of competent jurisdiction, the remainder of this agreement shall remain in effect to the greatest extent permitted by law.
20. Termination.
a. Termination Without Cause: At any time and without cause, either party may terminate this agreement by giving 10 days written notice. In the event of such termination without cause, City shall pay Provider for services rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.
b. Termination For Cause: In the event of Provider’s substantial failure to meet its obligations under this agreement, City may elect to give Provider 10 days written notice and an opportunity to cure. If Provider has not cured the defects in its performance within 10 days, City may terminate the agreement for cause. City shall then pay Provider for services satisfactorily rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.
c. Suspension: City may, at any time, temporarily suspend Provider’s performance, in whole or in part, by giving a written notice of suspension to Provider. If City gives such notice, Provider shall immediately suspend its activities under this agreement as specified.
21. Entire Agreement.
This agreement, together with its attachments, sets forth the entire understanding between the Parties and supersedes any oral or written understanding they may have had prior to the execution of this agreement. No other contract, statement, or promise relating to the subject matter of this agreement shall be valid or binding.
22. Governing Law and Venue.
The formation, interpretation, and performance of this agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation and performance of this agreement shall be in Contra Costa County.
F.5.b
Packet Pg. 99
Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) 8 23. Authority to Enter Agreement.
Provider has all requisite power and authority to conduct its business and to execute, deliver, and perform the agreement. Each Party warrants that the individuals who have signed this agreement have the legal power, right, and authority to make this agreement and bind each respective Party.
24. Successors and Assigns.
This agreement shall be binding on the successors and assigns of the Parties.
25. Headings and Construction.
Headings appearing herein are descriptive only and for convenience in reference to this agreement. References to Provider include its agents, servants, and employees.
References to City include its officers, employees, agents, and volunteers.
City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
CSG Consultants, Inc.
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
Attachments:
Exhibit A – Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule Exhibit B – Evidence of Insurance: Certificates, Endorsements and Policy Language 3-24-23 President Cyrus Kianpour
F.5.b
Packet Pg. 100 Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) - 9 -
Exhibit A
Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule (pages attached)
F.5.b
Packet Pg. 101 Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) 3875 Hopyard Road #141
Pleasanton, CA 94588
phone 925.931.0370
fax 925.931.0388
www.csgengr.com
FOSTER CITY | PLEASANTON | SAN JOSE | SACRAMENTO | NEWMAN | ORANGE March 9, 2023
Ms. Farah Khorashadi
City of Orinda
22 Orinda Way, 2nd Floor
Orinda, CA 94563
RE: City of Orinda – FY 2023 Pavement Rehabilitation Project (Project No. 4171) Design Fee Proposal Dear Ms. Khorashadi,
CSG Consultants, Inc. (CSG) is pleased to present the following fee proposal to provide our professional design services for the FY 2023 Pavement Rehabilitation Project (Project) to the City of Orinda.
Project Understanding
On February 7, 2023, the City of Orinda provided CSG with a list of twenty-nine (29) street segments to be included within the Project. The list of street segments is attached herewith as Attachment A. Of the 29 street segments, 27 segments require preventive maintenance treatment and will be designed by CSG, and 2 street segments, located on Minor Road, will not be designed by CSG. Minor Road will be designed by others but will be incorporated in the Contract Documents for the purposes of issuing a single bid package.
The Project will consist of the following major tasks:
Preparing treatment rehabilitation plans and specifications using the City’s base maps. Reviewing storm drain CCTV data provided by the City, and providing storm drain repair recommendations
Upgrading ADA Curb Ramps found to be deficient
Preparation of final PS&E Package for the listed preventive maintenance treatment on the preselected street segments within the City Scope of Services
CSG’s Level of Effort (LOE) by Task described below is attached hereto as Attachment B. CSG will provide the following services:
Task 1 – Project Management & General Services
Work will include all project management required to complete the work on time and on budget. This task includes but is not limited to general management of the Project, Project schedule updates, monthly progress updates.
Task 2 – Preliminary Engineering & Design
CSG with utilize the City’s base maps from previous projects to develop the Project plans. CSG will utilize these maps to show the limits and type of pavement treatment for the 27 street segments planned for preventive maintenance treatment types. The City will also provide CSG with GIS data for all storm drain F.5.b
Packet Pg. 102 Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) 2 facilities located within the City’s limits. The Project plans will show limits and quantities of each treatment type, limits and quantities for signage and striping, quantities for base repairs & edge treatment (no locations marked per City’s request), and storm drain repair locations, if any.
The City will also provide CSG with their latest Front End and Technical Specifications templates in word document format for CSG’s review and use in preparing the contract documents.
Note: The design and complete PS&E of the two segments of Miner Road will be by others and included in the bid package as a completely separate volume.
CCTV Evaluations:
1. CSG will review existing CCTV data from the 2015, 2016, 2017 Annual and Measure J&L projects for the streets included in the Project where “No Action” was previously designated and provide the City with a list of storm drain segments with defects not previously addressed in the 2015- 2017 projects that will require new CCTV.
2. The City will provide CSG with CCTV data and CCTV evaluations for the streets designed by Harris & Associates in 2018 and 2019. CSG will review this data and provide the City with a list of storm drain segments with defects not previously addressed in 2018 and 2019 that will require new CCTV.
3. CSG will prepare the 30% complete plans showing the location of all known storm drain segments for the City’s coordination with their CCTV contractor for the following streets, not previously included with any recent pavement rehabilitation project:
a. Happy Valley Road – City Limit to City Limit (North) b. Tara Road – Southwood Dr to Nonie Rd
c. Tara Road – Nonie Rd to Overhill Rd
d. Charles Hills Road – 31 Charles Hill Road to Soule Rd e. Sleepy Hollow Lane – Lombardy Ln to Southerly Edge of Normandy Ln
4. CSG will review the new CCTV data provided by the City to evaluate if any storm drain repairs should be included in the Project.
Monument Research and Preservation
For the streets where Mill & Fill is the proposed pavement treatment, CSG will review available record maps and corner records to identify the location of monuments that will require monument preservation during the course of construction. We will confirm the locations of these monuments through our field investigations.
Field Investigations:
1. CSG to perform field investigations for all streets in order to:
a. Verify the limits of work
b. Verify length, width, and area to receive pavement treatment c. Verify base repair and edge treatment quantities provided by the City. d. Document utility covers and lids that will require adjusting due to M&F operations or where base repairs are proposed
e. Verify signage and striping types and quantities
F.5.b
Packet Pg. 103 Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) 3 2. Verify location and quantity of all monuments located within the pavement limits of streets proposed for Mill & Fill pavement treatment and monuments located within proposed base repair areas of streets proposed for micro-surfacing treatment for monument preservation.
3. Depths for all storm drain repairs where access to inlets, outfalls and manholes are readily available.
4. Verify existing curb ramps for ADA compliance via smart level
5. Other miscellaneous items that will need field verification Task 3 – Prepare PS&E Package
CSG will provide the following services as part of the development of the PS&E packages at the 30%, 90% and Bid Set design stages (except for Minor Road):
CSG will procure facility maps for all streets not previously designed by CSG or Harris (Happy Valley Road, Tara Road, Sleepy Hollow Lane, Charles Hill Road). CSG will show existing utility facilities, as previously shown on the plans prepared by CSG and Harris with notes indicating that the utilities shown are of record based on previous projects. All high-pressure PG&E gas facilities on the project streets (schematically) will be shown on the Project plans. – 90% Submittal
Prepare Project Plans – 30%, 90%, Bid Set
o 30% plans will be conceptual, showing only the pavement treatment type and limits for each street and any storm drain segments that require CCTV investigations. Prepare the Front End and Technical Specifications for the Project – 90% and Bid Set Develop the Bid List and Prepare the Engineer’s Estimate – 90% and Bid Set Develop additional construction details, as necessary. CSG will utilize the construction details developed during the 2015, 2016 and 2017 Annual and Measure J&L projects, where applicable. 90% and Bid Set only
QA/QC for the 90% Submittal and Bid Set Submittal.
Task 4 – Optional Services
For the purposes of this proposal, CSG understands that pavement testing has not been performed for any street included in Project. However, as there are streets included in the list provided by the City that have not been previously reconstructed in either CSG’s or Harris’ previous projects, we recommend, at minimum, pavement testing be performed for the streets listed with lower PCI ratings, being Happy Valley Road and Tara Road (from Nonie Road to Overhill Road).
Should ADA deficient curb ramps be identified during CSG’s field investigations and detailed re-design of these ramps be required, CSG will perform topographic survey and add curb ramp details to the construction documents.
Assumptions & Exclusions
For the purposes of preparing this fee proposal, the following assumptions were made:
The project plans will be prepared schematically, utilizing the City’s base maps to show the limits of the pavement treatment only. The development of Plan and Profile sheets is not included in the Project scope of work.
Existing signage and striping will be replaced in-kind. CSG with utilize quantities from previous projects and will verify the types and quantities during site investigations.
F.5.b
Packet Pg. 104 Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) 4 Utility covers and boxes to be covered (micro-surfacing) or adjusted to finished grades (Mill & Fill) will be shown on the Project plans. CSG to field verify their locations and quantities. The City will undertake all coordination efforts with PG&E for any work in proximity of the highpressure gas mains. Potholing and other utility locating services to determine exact horizontal location and depth of high-pressure gas mains are excluded from this proposal. Improvement Plans, Specifications, and Cost Estimate for all work on Miner Road will be furnished by others and attached to the contract documents as Volume 2 of the bid package. CSG will not perform any portion of the design and will not be signing or stamping the contract documents related to Miner Road (Volume 2).
Topographic survey may be provided as an optional task for deficient curb ramps. Topographic survey for other reasons is not anticipated and is thus excluded from this proposal. Design of corrective measures for drainage issues are not included in the Project scope. Bid and Construction Support Services are not part of this Project scope.
Should any of the above assumptions change, CSG may request adjustments to the fee shown below, commensurate with the extent of the changes.
Our level of effort and estimated fee for performing the work described above is shown on Attachment B, and is as follows: Task 1, 2 and 3 - $110,100.
The fee will be based on the time and materials spent. Once a Notice to Proceed is issued by the City, CSG will commence with the work as described in the below tentative schedule:
NTP March 13, 2023
30% Plans Week of April 3 2023
90% PS&E Week of May 15, 2023
Bid Set Package Week of June 19, 2023
Please note that the tentative date for the delivery of the 30% Plans will be dependent on when CSG receives the files to be furnished by the City as described in Task 2 above.
We look forward to working with the City of Orinda on this Project.
Please feel free to contact us at (650) 522-2557 or email me at [email protected] if you have any questions.
Sincerely,
CSG Consultants, Inc.
F.5.b
Packet Pg. 105 Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) 1/26/2023 Street List for FY 2023 Pavement Rehabilitation Project (Project No. 4171) Street Name Begin location End Location Length Width Last Treatment Date Column1 Happy Valler Road City Limit City Limit (North) 2,383 23 Mill and Overlay -2008 Tara Road Southwood Drive Nonie ROAD 2,349 25 Mill and Overlay - 2011 Tara Road Nonie Road Overhill Road 908 23 Mill and Thin Overlay- 2014 Lost Valley Drive Edgewwod Road Cul-de-sac 906 24 FDR - 2016 Lost Valley drive Don Gabriel Way 700' W of PGE Substation 700 30 FDR-2014 - Seal crack 2017 Lost Valley Drive 700' west of PGE SubstationEdgewood Road 2,664 24 FDR - 2014 Miner Road Lombardy Lane Tigertail Ct 2,350 23 Slurry seal and digouts - 2007 Miner Road Tigertail CT Sycamore 2,048 24
El Nido Ranch Road St. Stevens Drive City Limit 1,935 37 Mill and Thick overylay - 2017 Charles Hills Road 31 Charles Hills Soule Road 899 22
Sleepy Hollow Lane Lombardy Lane Sly Edge of Normandy Lane2,809 22 Mill and Thick Overylay - 2011 Sleepy Hollow Lane Sly Edge of Normany Lane Tarry Lane 1,853 22 Mill and Thin Overlay- 2019 2019 Washington Lane Sleepy Hollow Lane to End End 550 20 Slurry seal and digouts - 2019 2019 Normandy Lane Sleepy Hollow Lane Ridge lane 1,277 20 Mill and Thick Overlay -2015 Ridge Lane East End West End 727 19 Mill and Thick Overlay -2015 Tarry Lane Lombardy lane Sleepy Hollow 434 20 FDR - 2018 2018 Amber Valley Drive Dalewood Cul-l De- Sac 1,060 29 FDR-2016 Singingingwood Lane Amber Valley Drive Cul- De-Sac 550 29 FDR-2016 Fallen Leaf TR Dalewood Drive Cul-De-Sac 837 29 FDR-2016 Candel Terrace Dale wood Drive Cul-de-sac 496 31 FDR-2017 Edgwood Road Lost Valley Drive End 591 25 FDR-2017
Kenmore Ct Lost Valley Drive Cul-de-sac 487 25 FDR-2017 Snow Court Lost Valley Drive Cul-de-sac 581 30 FDR-2018 2018 Albo Court Kemore Court Cul-De-Sac 387 25 FDR-2017 Crack Seal 2020 Don Gabriel Way Valley View Drive El Camino Moraga 2,058 24 FDR -2017 SunDown TR Dalewood Drive Happy Valley Road 1,850 33 FDR-2017 El Camino Moraga Dona Maria Way Don Gabriel Way 693 26 FDR-2015 El Camino Moraga Donna Maria Way Moraga Way 737 26 FDR-2017 Van Ripper Lane Lombardy lane Van Tassel Lane 3,840 19 FDR-2017 F.5.b
Packet Pg. 106 Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) Attachment B
City of Orinda
FY 2023 Pavement Rehabilitation Project (Project No. 4171) CSG Consultants - Fee Estimate for Professional Services Task Description
Principal EngineerAssociate EngineerAssistant Engineer
Category $250 $185 $155 Hours Cost
Project Management & General Coordination 20 20 $5,000
Subtotal - Task 1 20 0 20 $5,000
Coordinate & Review Available CAD Files and Specification Files 8 16 24 $4,960 Utility Base Mapping 4 16 20 $3,960
Create AutoCAD Base Drawing 2 16 18 $3,460
Review Storm Drain CCTV Data and Prepare Repair Recommendations 8 32 40 $7,920 Monument Research & Preservation 2 8 10 $1,980
Field Investigation - Happy Valley Road, SD Repairs, Curb Ramps, Miscellaneous 8 64 64 136 $23,760 Subtotal - Task 2 32 152 64 248 $46,040
Prepare 30% Conceptual Plans per City's Direction 2 40 42 $7,900 Prepare 90% Plans 8 120 128 $24,200
Prepare 90% Cost Estimate 2 24 26 $4,940
Prepare 90% Specifications 2 16 18 $3,460
Prepare Bidset Plans 4 56 60 $11,360
Prepare Bidset Cost Estimate 1 12 13 $2,470
Prepare Bidset Specifications 1 8 9 $1,730
QA/QC 12 12 $3,000
Subtotal - Task 3 32 276 308 $59,060
Curb Ramp Detailed Design (Optional)
Pavement Testing Sub (Optional)
Task 1, 2, 3 84 428 64 576 $110,100
Task 3 - Prepare PS&E Package
Task 4 - Optional Services
Task 1 - Project Administration
CSG Team
Total
Task 2 - Preliminary Engineering & Design
CSG Consultants, Inc.
F.5.b
Packet Pg. 107 Attachment: CSG Service Contract_ Signed (3071 : Award Design contract to CSG CIP #4171) Capital Improvement Plan
City of Orinda, California
Department PUBLIC WORKS
'22/'23 '26/'27 thru
Contact Public Works (925) 253-4231
Description
This year's annual pavement maintenance project utilizes Gas Tax, CCTA Return to Source Funds and Road Maintenance Fees (Solid Waste Provider). Pavement maintenance streets are selcted in accordance with the City's Street Rehabilitation Policy, which is based on the Pavement Maintenace Program "StreetSaver" developed by the Metropolitan Transportation Commission.
Funding by Gas Tax includes estimated SB1 RMRA $384,000 + SB1 LPP $200,000 + Gas Tax (portion) + LPP-CCTA exchange agreement $1,000,000= $1,610,000 in FY 23/24 (Construciton expenditures) Project # 4171
Justification
Roadway pavement rehabilitation work is necessary to prevent the pavement condition to fall into the "Poor" condition rating. Research has shown it would cost more to repair a roadway that deteriorated to the point where major rehabilitation or reconstruction is necessary.
Useful Life 15
Project Name 2023 Annual Paving Project Category TRANSPORTATION / DRAI Type ROADS
Total Project Cost: $2,425,000
Expenditures '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 Total 7125 Design Contracts 225,000 0 225,000
7127 Construction Costs 0 2,050,000 2,050,000
7126 Construction 0 150,000 150,000
Management
Total 225,000 2,200,000 2,425,000
Funding Sources '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 Total 200 Gas Tax 1,610,000 1,610,000
330 CCTA Return To Source 273,000 273,000
(Local Share)
335 Road Maint Fee (Solid 225,000 317,000 542,000
Waste Provider)
Total 225,000 2,200,000 2,425,000
2022-2027 CIP Page 1 Tuesday, March 28, 2023
F.5.c
Packet Pg. 108 Attachment: Plan-It Project Detail for 4171 3-28-2023 (3071 : Award Design contract to CSG CIP #4171) City Council
Staff Report
Agenda Item: F.6
Date: April 11, 2023
Department:
Public Works and
Engineering Services
AGENDA TITLE: Award a Contract for the Construction of the federally funded projects to seismically retrofit Miner Road Bridge over San Pablo Creek (CIP # 0044) and Bear Creek Road Bridge over San Pablo Creek (CIP # 0087) to Gordon N. Ball Inc. of Alamo, CA.
RECOMMENDATION:
Staff recommends that City Council (1) award said contract for an amount of $1,425,213, (2) authorize the City Manager to administratively approve change orders not to exceed $213,800 (15% contingency); appropriate additional funding in the amount of $210,000 and (4) approve the design of said projects.
BACKGROUND:
The subject seismic retrofit projects are primarily federally funded and therefore must comply with federal requirements, as administered by Caltrans. The federal project #’s for these projects are: Miner Road Bridge over San Pablo Creek, STPLZ-5444(019) and Bear Creek Road Bridge over San Pablo Creek, STPLZ-5444(018). On March 3, 2020, the City Council adopted Resolution No. 13-20 to approve Project Delivery Agreements with Caltrans for the above two bridges in the Local Bridge Seismic Retrofit Program.
The bridge projects are also funded by State Proposition 1 (a 2006 bond funded program which included highway safety), which allows for funding through California Transportation Commission (CATC); this funding is intended to cover the “local match” portion of the work, which is described later in this report. The funding is administered by Caltrans and coordinated with the federal funding. In order to meet deadlines imposed by the CATC to qualify for this funding, the city must award the subject contract before May 31, 2023.
On May 10, 2022, the city received notification that Caltrans had issued authorizations (E-76’s) for the Construction phase of the project. This authorized advertisement for bids for the construction and also for proposals (request for proposals “RFP”) for the construction management. For economies of scale and efficiency of Staff time, the two project were combined into one contract.
The city solicited bids for the construction of the projects (as a combined contract) on May 16, 2022, utilizing the required advertisements and plan rooms, with bids due June 7, 2022. No bids were received for the work. After discussions with contractors who had purchased plans and were on the plan holders list and Caltrans, it was determined that there was insufficient time to rebid for construction in 2022, and therefore rebidding was postponed until the present time, as described later in this report.
F.6
Packet Pg. 109
The city also conducted an RFP process for construction management/construction engineering on May 16, 2002 and did receive proposal(s); a contract for those professional services was awarded to Unico Engineering Inc. at the September 27, 2022 city council meeting. The work includes construction inspection, special inspection (welding, material testing, etc.), overseeing compliance with regulatory permits (including cultural and biological survey work), and also conformance with the federal requirements applicable to the contract and work. By entering into a contract with Unico in advance of the rebidding for construction, it saved the city the cost of going through a repeat federal RFP process and allowed Unico to perform constructability reviews on the plans and specifications prior to the re-bid, which has led to improved construction documents.
This Bear Creek Rd. project also includes utility work that will be performed for EBMUD to relocate a water pipe supported by the bridge. This work is covered by an agreement entered into by the city and EBMUD, as approved by City Council.
DISCUSSION:
Design/Plans
Dewberry Engineers is the engineering consultant for these projects, and prepared plans in accordance with Caltrans standards. City Council approval of the construction plans (Attachment A) is recommended, in accordance with design immunity defense requirements listed under California Government Code Section 830.6.
Construction Bids
The project was advertised for bids on January 27, 2023. The Engineer’s Estimate for the work was $1,300,000. Four bids were received and opened on March 9, 2023 with the following results.
Bidder Total Bid
Gordon N. Ball, Inc., Alamo $1,425,213.50
Anvil Builders Inc., Emeryville $1,537,640.00
Golden State Bridge Inc., Benicia $1,779,685.75
Viking Construction Company, Rancho Cordova $1,785,930.25 Staff reviewed the bids and determined that Gordon N. Ball Inc. is the lowest responsive and responsible bidder and therefore is recommending that the contract be awarded to them. Attachment B is the bid from Gordon N. Ball Inc.
The subject bridge projects generally qualify for federal aid under the Highway Bridge Program, which for these projects, for the Construction contract, provides approximately 80% funding (Miner Rd. Bridge) and 84% funding (Bear Creek Rd. Bridge). Federal funding is received through a reimbursement/invoicing process. Qualification for such funding is based on determination by Caltrans on which components of the work are “participating”. For participating portions of the project, the city would only need to fund F.6
Packet Pg. 110
the “local share” balance, in this case being approximately 20% (Miner Rd. Bridge) and 16% (Bear Creek Rd. Bridge).
During the design process, several discussions and meetings were held with Caltrans and certain elements of the bridge work were found by Caltrans to be “nonparticipating”. Some elements are unrelated to seismic retrofitting, such as repairing concrete spalling on the Miner Rd. Bridge and are therefore classified as nonparticipating. But diagonal bracing, which the city believes are very necessary upgrades related to seismic retrofitting were ruled by Caltrans to be non-participating since such upgrades do not strictly meet the “no collapse” threshold to be considered a participating cost in the projects. For such non-participating work elements, there are no reimbursements and the city must use local funding sources to pay for those elements.
For the participating portions of the work, Staff has corresponded with Caltrans to inform them of the city’s intent to request additional federal funding due to cost increases reflected in the bid, primarily due to inflation. We are reasonably confident our requests will be granted, and our proposed project CIP budget, as detailed in the attached sheets (Attachment C) for CIP projects #0044 (Miner Rd. Bridge) and #0087 (Bear Creek Rd.
Bridge), reflects such additional federal funding in the amount of $200,000 ($70,000 for Miner Rd. Bridge and $130,000 for Bear Creek Rd. Bridge).
The “local share” portion, as noted earlier in the report, qualifies for funding under the State CATC Proposition 1 program. Due to changes in that program for these particular bridges, the CATC funding amount available for the construction contract is fixed at $88,219 ($33,622 for Miner Rd. Bridge and $54,597 for Bear Creek Rd. Bridge). Based on the proposed contract, the “local share” cost will amount to approximately $160,000, so additional funding will be needed.
In total then, the city will end up getting reimbursed for participating costs as described above but will end up using local funds to pay for the portion of the “local share,” plus all of the non-participating costs. For the subject construction contract, the estimated total of the non-participating costs plus the portion of the “local share” that State funding does not cover, amounts to approximately $600,000. Since the bids are higher than the current budgeted amount for construction, additional funds are needed in an amount of $210,000 ($117,000 for Miner Rd. Bridge and $93,000 for Bear Creek Rd. Bridge) The contract (Attachment D) is based on the contractor’s bid prices for the engineer’s estimated quantities (as is typical for roadway and bridge projects) and the nominal value of the contract is $1,425,213. Staff also requests authorization for up to a 15% contingency ($213,800) in the event that scope changes are necessary. This would authorize the City Manager to administratively amend the contract based on additional work items and a contract amendment would document the change in scope.
NEXT STEPS:
Upon the subject award, the contract will be routed for signatures. Note that this contract, due to federal funding requirements, includes additional clauses and exhibits, F.6
Packet Pg. 111
which have been added to the city standard form of the contract which had been reviewed /accepted by the City Attorney in the past.
FISCAL IMPACT:
The project costs to date are approximately $560,000 for the Miner Road project, and $615,000 for the Bear Creek Road project, which primarily consist of environmental and design work. The total costs for the projects, including the proposed construction contract, are estimated at approximately $1,400,000 for the Miner Road bridge project and $1,800,000 for the Bear Creek Road bridge project.
The work performed under this contract for EBMUD will be reimbursed under the terms of the agreement with EMBUD. The estimated bid pricing for the EBMUD work components amounts to $110,000.
Appropriation of Local Funding
To provide additional funding ($210,000) as described above, Staff recommends utilizing available funds in Fund #256: America Rescue Plan Act (ARPA). On August 3, 2021, City Council identified five priority spending categories for the $4,767,722 ARPA grant funds, with Category IV being “Underfunded/Unfunded Capital Projects” and approximately $556,000 of the ARPA grant award was allocated to this category. If approved, $346,767 of ARPA Funding will remain available for other Category IV expenditures.
ATTACHMENTS:
A. Project Plans, Miner Rd. & Bear Creek Rd. Bridges Seismic Retrofit B. GNB Bid & Exh 15-G
C. CIP detail sheets 3-30-2023, Proposed
D. Contract Form
E. 10 Budget Change 2023 Minor Road Bear Creek Road Bridge Construction Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Scott Christie, Public Works Director
Approved by:
F.6
Packet Pg. 112
F.6
Packet Pg. 113
Capital Improvement Plan
City of Orinda, California
Department PUBLIC WORKS
'22/'23 '26/'27 thru
Contact Public Works (925) 253-4231
Description
Fed # STPLZ-5444-019 Seismic Retrofit: Construct steel shear keys at bents, replace rock riprap in creek. Bridge elevation and width would not be changed, nor would the wood railing.
Location: Miner Rd. Bridge over San Pablo Creek, 200 ft. north of Camino Pablo Schedule: Engineering, Creek Permit acquisition, Right of Way and Utility Coordination work completed. Construction bids received 3-9-2023 and is scheduled to occcur in summer 2023.
This project covers transactions for federal project STPLZ-5444 (019) beginning 9-10-2018 but inlcudes $101,600 paid back to Caltrans/Fed in July 2018 for predecessor project (which has been closed out).
Project # 0044
Justification
This bridge has been identified by the State as in need of a seismic retrofit.
Useful Life 50
Project Name Miner Road Bridge Seismic Retrofit Category TRANSPORTATION / DRAI Type BRIDGES
Total Project Cost: $1,406,104
Expenditures '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 Total 7125 Design Contracts 5,000 5,000
7127 Construction Costs 727,000 727,000
7126 Construction 167,000 167,000
Management
Total 899,000 899,000
Prior
507,104
Total
Funding Sources '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 Total 205 Transportation Impact 232,000 232,000
Fees
255 Grants: Federal 511,000 511,000
256 ARPA: American Rescue 117,000 117,000
Plan Act
260 Grants: State 39,000 39,000
Total 899,000 899,000
Prior
507,104
Total
2022-2027 CIP Page 1 Thursday, March 30, 2023
F.6.c
Packet Pg. 114 Attachment: CIP detail sheets 3-30-2023, Proposed (3074 : award contract Bridges construction) Capital Improvement Plan
City of Orinda, California
Department PUBLIC WORKS
'22/'23 '26/'27 thru
Contact Public Works (925) 253-4231
Description
Fed # STPLZ-5444-018 Seismic Retrofit: Construct steel shear keys at bents and abutments, install retianers between girders, instlall seat extenders at piers and install base plate retrofits at pier columns.
No changes to roadway or railing.
Location: Bear Creek Rd. Bridge over San Pablo Creek, 1,200 ft. east if Camino Pablo Schedule: Engineering, Creek Permit acquisition, Right of Way and Utility Coordination work completed. Construction bids received 3-9-2023 and is scheduled to occcur in summer 2023.
This project covers transactions for federal project STPLZ-5444 (018) beginning 9-14-2018 but includes $36,260 paid back to Caltrans/Fed in July 2018 for predecessor project (which has been closed out).
Project # 0087
Justification
This bridge has been identified by the State as in need of a seismic retrofit.
Useful Life 50
Project Name Bear Creek Bridge Seismic Retrofit Category TRANSPORTATION / DRAI Type BRIDGES
Total Project Cost: $1,785,950
Expenditures '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 Total 7125 Design Contracts 18,000 18,000
7127 Construction Costs 910,000 910,000
7126 Construction 185,000 185,000
Management
Total 1,113,000 1,113,000
Prior
672,950
Total
Funding Sources '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 Total 200 Gas Tax 209,000 209,000
205 Transportation Impact 18,000 18,000
Fees
255 Grants: Federal 597,000 597,000
256 ARPA: American Rescue 93,000 93,000
Plan Act
260 Grants: State 69,000 69,000
262 Other Grants 127,000 127,000
Total 1,113,000 1,113,000
Prior
672,950
Total
2022-2027 CIP Page 1 Thursday, March 30, 2023
F.6.c
Packet Pg. 115 Attachment: CIP detail sheets 3-30-2023, Proposed (3074 : award contract Bridges construction)
CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2022-2023
Funds Appropriated Yr 2 of Biennial Budget Adopted 6/29/2021 CHANGE FORM # 010-23
New Appropriations (City Council Approval Required): Budget Transfers:
X From Un-Appropriated Reserves From Budgeted Contingent Reserve (Approval Req’d) __ _ Reduction To Adopted Budget
GENERAL FUND
New Revenue ONLY
Between Departments (City Council Approval Req’d)
Other:
BUDGET ACCOUNT
(Revenue / Expense)
INCREASE
AMOUNT
DECREASE
AMOUNT
Increase of Budgeted Expense in FY 2022‐2023
256‐35‐00‐7127‐0044
AMERICA RECOVERY PLAN ACT FUND / PUBIC WORKS / NO
PROGRAM / CONSTRUCTION COSTS / MINER ROAD BRIDGE SEISMIC
RETROFIT
$117,000
Increase of Budgeted Expense in FY 2022‐2023
256-35-00-7217-0087
AMERICA RECOVERY PLAN ACT FUND / PUBIC WORKS / NO PROGRAM /
CONSTRUCTION COSTS / BEAR CREEK BRIDGE SIESMIC RETROFIT $93,000
As Presented at the City Council Meeting on: 4/11/2023
#################(Finance Use Only)###################
Posted By: Date:
REASON FOR BUDGET CHANGE ENTRY: At the City Council meeting on April 11, 2023, City Council approved an appropriation totaling $210,000 or American Recovery Plan Act (ARPA) funding for CIP Projects #0044 Minor Road Bridge & #0087 Bear Creek Bridge .
F.6.e
Packet Pg. 116 Attachment: 10 Budget Change 2023 Minor Road Bear Creek Road Bridge Construction (3074 : award contract Bridges construction) City Council
Staff Report
Agenda Item: H.1
Date: April 11, 2023
Department: City Council
AGENDA TITLE: Continued Grazing Options for Fire Fuel Reduction at Orinda Oaks Park and Open Space
RECOMMENDATION:
Supplemental Sales Tax Oversight Commission Recommendation to Transition to Cattle Grazing and/or provide Other Direction.
BACKGROUND: The introduction of cattle or goat grazing has been recommended by the Fire District on the Orinda Oaks Park & Open Space parcel to further reduce the fuel loads beyond that required by the Fire Code. A review of grazing options was considered in 2021, with the Supplemental Sales Tax Oversight Commission (SSTOC) on a majority vote (7 yes and 2 no) recommending that goat grazing be considered by the Council as a one-year pilot program, which the Council approved on November 2, 2021. In 2022, goat grazing was piloted on the Orinda Oaks parcel and was successful, however, due to late-season rains, additional mechanical mitigation was necessary. It is now considered built into any costs that a measure of mechanical mitigation will be necessary at some level each year.
In a follow-up to the Commission’s requested education and outreach to the adjoining property owners, an educational letter was mailed to the residents around Orinda Oaks Park & Open Space. It outlined the results of the pilot and costs, what is needed for proper fuel mitigation and the various options still available. The letter provided a web link to an online survey where they could provide feedback most specifically to test preferences for goat versus cattle grazing. (A general and weighted summary of those responses is shown below). Those neighbors who participated in the survey and who expressed interest in being informed of developments have been made aware of this being considered by the Council via the contact information they provided.
H.1
Packet Pg. 117
The SSTOC reviewed a report on Grazing Options for the Orinda Oaks Park & Open Space on March 8, 2023. The staff report from that meeting and the attachments which include the staff reports from 2021 are Attachment 1. The letter mailed out to the neighbors of the park, the accompanying survey summary and responses, were also a part of their packet.
There was a robust discussion of the options with the Commission having taken into consideration the preferences of the neighbors based on the 2023 survey which was done. Discussion of the cost-effectiveness of each option occurred, with the commission members seeking clarification from staff as to what additional benefit might be wrought from the added expense of goats, the rationale behind the limits of mechanical mitigation, as well as weighing the consequences of building fencing for cattle and then being forced to abandon the initiative after a few years if cattle grazing were initiated and then abandoned. Ultimately, the cost difference over the long term between goat and cattle grazing was deemed to make cattle the most financially responsible decision.
The SSTOC voted to recommend cattle grazing in 2024, (6 votes for, 0 against, and two absent) and to use the more expedient method of mechanical mitigation to meet the Moraga-Orinda Fire District’s (MOFD) 2023 vegetation management deadlines.
Further information was garnered in the regular joint staff meeting of Orinda and MOFD (after the SSTOC meeting), where Chief Winnacker also mentioned that a parcel being mitigated overall by ruminants (cattle or goats present year-round) would also be eligible for variances on perimeter requirements since the perimeter would not be anywhere near as much of a concern with the interior fuels managed.
Additionally, the City’s work with California Consulting led to an application for a grazing grant offered by Cal Fire. Although it prioritizes parcels in the Very High Fire Hazard Severity Zone, (VHFHSZ) which Orinda Oaks is not inside of, the proximity of the area to the parts of Orinda in the VHFHSZ and its location in a semi-urban landscape with a great number of other parcels being protected by this treatment suggests that it still may be competitive for the award. The language in the grant proposal is so that if awarded the grant Orinda Oaks will have two rounds of fuel mitigation over two years via goats to further test the viability of grazing as fuel mitigation. We are still awaiting word on if that grant application was successful.
H.1
Packet Pg. 118
NEXT STEPS: Given the statutory deadline for compliance with the Fire Code’s fuel mitigation requirements, for 2023, staff is proceeding with mechanical mitigation as the result of the 2022 grazing is still providing benefits. As such, any Council direction as to grazing would apply to 2024, which would allow for the timely implementation of cattle grazing if the Council concurs with the SSTOC recommendation, or the reintroduction of goat grazing either on a year-round or seasonal basis if that is preferred.
FISCAL IMPACT: Sufficient Measure R funds will be included in the proposed two-year budget to be considered in June 2023, to either make the improvements necessary to allow for cattle grazing or to continue with goat grazing.
Respectfully Submitted by:
David Biggs
City Manager
Prepared By: Micki Cronin, Senior Management Analyst
Approved by:
Attachments:
1. SSTOC Staff Report – March 8, 2023, including attachments.
ATTACHMENTS:
A. SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments Respectfully Submitted by:
Micki Cronin
Senior Management Analyst
Prepared By: Micki Cronin, Senior Management Analyst
Approved by:
H.1
Packet Pg. 119
H.1.a
Packet Pg. 120 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 121 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 122 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 123 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 124 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 125 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 126 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 127 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 128 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 129 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 130 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 131 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 132 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 133 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 134 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 135 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 136 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 137 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 138 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 139 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 140 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 141 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 142 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 143 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 144 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 145 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 146 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 147 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 148 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) H.1.a
Packet Pg. 149 Attachment: SSTOC Mar 8, 2023 and CC Nov 2, 2021 Grazing Staff Reports with attachments (3070 : Grazing Staff Report) City Council
Staff Report
Agenda Item: H.2
Date: April 11, 2023
Department: Administration
AGENDA TITLE: Taxpayer Protection and Government Accountability Act Resolution of Opposition
RECOMMENDATION:
Adopt a Resolution Opposing Initiative 21-0042A1 Taxpayer Protection and Government Accountability Act
BACKGROUND: Under current law, local revenue authority is limited by statute and a number of voter-approved constitutional provisions, including those added by Proposition 13 (1978), Proposition 218 (1996), and Proposition 26 (2010). Due to these restrictions, local governments have over time become more dependent on State and Federal funding rather than general revenues, thus furthering the imbalance between economic/population growth and tax rates. Orinda, which incorporated post-Proposition 13, is already a low/no property tax share community.
The California Business Roundtable (CBRT) are the proponents of The Taxpayer Protection and Government Accountability Act which would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.
The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts. The full text of the Initiative can be found here:
Full text of Ballot Initiative
DISCUSSION: On Jan. 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1. On Feb. 1, 2023, the measure qualified for the November 2024 ballot. The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative. Attachment 1 is a League Summary of the measure, and Attachment 2 is a review of the possible fiscal impacts from California City Finance.
Information from the Measure proponents mischaracterize the impacts the measure will have on cities if the voters approve it in November 2024.
Specifically, the measure:
H.2
Packet Pg. 150
• Does not clear up “confusion” about what a tax is. Rather, it expands what a tax is by converting some fees into taxes.
• Does not preserve the predictability of tax dollars. It actually creates fiscal uncertainty by making the measure retroactive to Jan. 1, 2022. • Does not preserve local control. It prevents a city from negotiating the rental and sale of its own property.
• Cannot “eliminate hidden taxes” because there is no such thing as a hidden tax. • Cannot “require truthful descriptions of new tax proposals” because truthful descriptions are already required. A general tax can be used for any governmental purpose, and a special tax must be used for the particular purpose earmarked by the voters.
• Falsely argues that “massive increases in taxes and fees” punish hard-working families, when the measure in fact makes it more difficult for a city to punish municipal code violators and protect residents.
The League of California Cities has requested that all cities in California take an oppose position of the Measure on the basis that:
• This measure calls for stricter rules for raising taxes, fees, assessments, and property-related fees that fund critical local services. • The measure puts at risk the billions of dollars currently dedicated to funding critical local services by creating new mechanisms to challenge or repeal local revenueraising measures. • It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services that support homeless residents, mental health services, and more.
• The measure reduces funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.
Based on the Leagues call for action and possibly impacts for Orinda, a resolution has been prepared for the City Council’s consideration which opposes the Taxpayer Protection and Government Accountability Act.
NEXT STEPS: After adoption, the City will share the adopted resolution with the League of Cities and other interested parties. The City’s oppose position will be communicated to our residents including closer to the 2024 election date when the Measure has been assigned a ballot proposition number.
ATTACHMENTS:
A. League Measure Summary
B. California City Finance Fiscal Impact Summary
C. Sample Resolution
H.2
Packet Pg. 151
Respectfully Submitted by:
David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:
H.2
Packet Pg. 152
1 The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A11
Feb. 1, 2023
Effective date: Any new or increased tax or fee adopted by the Legislature, a city council, or the local voters after January 1, 2022, must comply with the Act’s new rules.
Voters
• Local advisory measures are prohibited. No measure may appear on the ballot asking for approval of a general tax that would allow the voters to express a preference for how the revenue from the general tax will, could, or should be used.
• Overturns Upland decision which upheld a special tax that had been placed on the ballot by the voters to be approved by a majority vote. Taxes proposed by initiative will be subject to the same rules as taxes placed on the ballot by a city council.
• Voters may not amend a city charter to impose, extend, or increase a tax or fee.
Local taxes
• Requires voter approval in order to apply an existing tax:
o to territory that is annexed.
o to a new service or product, for example when a utility user tax is applied to a new service.
• All new or increased taxes adopted after Jan. 1, 2022, must include a sunset date.
State taxes
• All new or increased state taxes require statewide voter approval. • Prohibits a property tax “surcharge” (increase). Prohibits any allocation of property tax to the state.
1 This is a summary of some of the more significant provisions of the Act. Please review the Act for a complete understanding of the changes it makes to the Constitution.
H.2.a
Packet Pg. 153 Attachment: League Measure Summary (3078 : Taxpayer Protection and Government Accountability Act Resolution of Opposition) 2 Fees and charges
• Fees and charges for services and permits may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” Examples include planning services, excavation and encroachment permits, preparation of candidate statement, and permit parking.
• State and cities have the burden of proving by “clear and convincing evidence” that a fee/charge is not a tax, that the amount is reasonable, and that it does not exceed “actual cost.”
• Franchise fees — historically considered fees, not taxes — will more likely be considered taxes due to the elimination of an existing category of “fee” and the requirement that charges to entrance, purchase, rental, or lease of government property be “reasonable.” The state and cities issue franchises to oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations.
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.
Fines and penalties (administrative enforcement of state law and municipal codes)
• May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. Examples include nuisance abatement, organic waste reduction requirements, and failure to maintain a vacant property.
H.2.a
Packet Pg. 154 Attachment: League Measure Summary (3078 : Taxpayer Protection and Government Accountability Act Resolution of Opposition) CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
Over $20 billion of local government fee and charge revenues over 10 years placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for drinking water, sewer sanitation, and public health and safety. About $2 billion of revenues each year from fees and charges adopted after January 1, 2021 subject to legal peril.
1 Over $2 billion dollars of annual revenues from dozens of tax measures approved by voters between January 1, 2022 and the effective date of the act2 subject to additional voter approval if not in compliance with the initiative.
Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements. The delay and deterrence of municipal annexations.
Substantially higher legal and administrative cost of public infrastructure financing which will delay and deter new residential and commercial development.
Service and infrastructure declines including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.
1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures. Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).3
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through the effective date of the Act should it pass would be void a year after the effective date of the initiative. Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes. A city charter may not be amended to impose, extend, or increase a tax might interfere with the ability of cities that do not already have such authority in their charters to adopt Property Transfer Taxes. o There are no more than a few of these every few years, but it is a valuable tax for those that adopt it.
1 Assumes fee increases since January 1, 2022 would be subject to possible legal challenge if not adopted in compliance with the Initiative.
2 The effective date of the initiative would be sometime in December 2024, the date the California Secretary of State certifies the election results of the November 5, 2024 election.
3 Unlike the initiative 17-0050, this initiative does not eliminate that ability of cities and counties to adopt general taxes by majority voter approval.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 14, 2023
H.2.b
Packet Pg. 155 Attachment: California City Finance Fiscal Impact Summary (3078 : Taxpayer Protection and Government Accountability Act Resolution of – 2 – rev January 14, 2023
CaliforniaCityFinance.com
Requires that a tax measure adopted after January 1, 2022 and before the effective date of the initiative that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative. o If past election patterns and elections in 2022 are an indication, over 200 tax measures approving more than $2 billion annual revenues to support local public services would not be in compliance and would be subject to reenactment. Most will be taxes without a specific end date and special taxes (including parcel taxes). Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, the measures would each require declaration of emergency and unanimous vote of the governing board to be placed on a special election ballot within a year for approval or the tax will be void after that date. I would expect most to succeed, but some will not, in particular citizen initiative majority vote special taxes which would have to meet a higher voter approval threshold to continue. Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions would each require unanimous vote of the agency board to be placed on a special election ballot or would be void a year later.
1.a. Number of Measures and Value of Local Taxes at Risk4 Over a hundred local measures were approved in 2022 that likely do not comply with the provisions of Initiative 21-0042A1. Nearly $2 billion of annual revenues from these voter approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures. We can expect a similar volume of measures in 2024 and a similar volume of non-compliance. So the combined total of annual local funding directly affected by Initiative 21-0042A1 due to its retroactivity provision is about $4 billion.
Citizen Initiative Special Taxes in 2022.
Special taxes placed on the ballot by citizen initiative and approved after January 1, 2022 by a majority but less than two-thirds of the voters are out of compliance with Initiative 21-0042A1.
On June 7, 2022, there were three local special tax measures placed on the ballot by citizen initiative. Two failed to get majority voter approval. A one percent transactions and use tax (sales tax) for the John C. Fremont Healthcare District in Mariposa County received 69.6 percent approval, over the two thirds needed for any special tax under California Constitution Article XIIIC. So this measure was passed in compliance with Initiative 21- 0042A1.
On November 8, 2022, there were 14 local special taxes placed on the ballot by citizen initiative. Seven of these 4 Source: Compilation and summary of data from County elections offices.
June 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
John C. Fremont
Healthcare District Mariposa Measure N Transactions & Use Tax 1 cent $ 150,000 hospital 40yrs 69.6% PASS County of Kings Kings Measure F Transactions
& Use Tax 1/2 cent $ 11,700,000 fire none 37.6% FAIL
Manhattan Beach
USD Los Angeles Measure A School Parcel Tax $1095/yr $ 12,000,000 schools 12yrs 31.2% FAIL H.2.b
Packet Pg. 156 Attachment: California City Finance Fiscal Impact Summary (3078 : Taxpayer Protection and Government Accountability Act Resolution of – 3 – rev January 14, 2023
CaliforniaCityFinance.com
measures failed with less than majority voter approval. The other seven measures received majority, but less than two-thirds, voter approval. These measures passed under current law but are out of compliance with Initiative 21- 0042A1. Taken together these seven taxes will provide estimated annual revenues of from $900,000 to $1.4 billion in support of parks and recreation, zoo, library, affordable housing, transportation, homelessness prevention, and schools in these communities.
Non-Specific Tax Durations in 2022
Voters approved 106 measures in June 2022 (10) and November 2022 (96) that do not provide a specific duration of time that the tax will be imposed (end date). Typically, the ballot titles for these measures state that the tax would be imposed “until ended by voters.” Four of these measures also did not include any estimate of the annual revenues that the tax would generate, another violation of initiative 21-0042A1. Taken together, these approved local measures generate $561 million per year that will expire a year after the effective date of the initiative if Initiative 21-0042A1 passes.
November 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
Crockett Community
Services District Contra Costa Measure L Parcel Tax $50/parcel $ 60,000 parks/recr none 62.8% PASS Oakland Alameda Measure Y Parcel Tax $68/parcel $ 12,000,000 zoo 20yrs 62.5% PASS County of Mendocino Measure O Transactions
& Use Tax
1/8 cent then 1/4
cent in 2027 $ 4,000,000 library none 60.8% PASS
Los Angeles Los Angeles Measure ULA Property
Transfer Tax
4% if >$5m, 5.5%
if >$10m $600 m to $1.1 b affordable housing none 57.3% PASS County of Sacramento Measure A Transactions
& Use Tax same 1/2 cent $ 212,512,500 transportati
on
40yrs 55.3% PASS
San Francisco Proposition M Business
Operations Tax
$2500-$5000/
vacant resid unit $ 20,000,000 housing 30yrs 54.5% PASS Santa Monica Los Angeles Measure GS Property
Transfer Tax
$56/$1000 if
>$8m $ 50,000,000
schools,
homelessne
ss, afford.
housing
none 53.3% PASS
Total $900,000 to
$1.4 billion
Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
County of Calaveras Measure A Transactions
& Use Tax 1 cent $ 5,000,000 fire none 49.4% FAIL
South San Francisco
(for Schools) San Mateo Measure DD School Parcel Tax $2.50/sf $ 55,900,000 schools none 47.2% FAIL County of Fresno (for CSU ) Measure E Transactions
& Use Tax
1/5 ct,
1/40 ct (Reedley) $ 36,000,000 Calif State Univ 20yrs 46.9% FAIL Santa Cruz Santa Cruz Measure N Parcel Tax $6k/vacant SFU xxx vacant property
xxx 44.2% FAIL
County of Monterey Measure Q Parcel Tax $49/parcel $ 5,500,000 childcare 10yrs 41.1% FAIL San Francisco City
College
San
Francisco Measure O School Parcel Tax $150/sfu $ 37,000,000 schools 10yrs 36.7% FAIL Morro Bay San Luis
Obispo Measure B Parcel Tax $120+/parcel $ 680,000 harbor none 36.0% FAIL Inverness Public
Utility District Marin Measure O Parcel Tax $0.20/sf, $150/vacant $ 276,000 fire none 27.0% FAIL H.2.b
Packet Pg. 157 Attachment: California City Finance Fiscal Impact Summary (3078 : Taxpayer Protection and Government Accountability Act Resolution of – 4 – rev January 14, 2023
CaliforniaCityFinance.com
Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Oakland Alameda Measure T Business Tax
General various $ 20,900,000 none 71.4% PASS
Culver City Los Angeles Measure BL Business Tax
General various $ 10,000,000 none 60.5% PASS
El Segundo Los Angeles Measure BT Business Tax
General various $ 3,000,000 none 51.2% PASS
Pico Rivera Los Angeles Measure AB Business Tax
General various $ 5,800,000 none 75.5% PASS
Santa Ana Orange Measure W Business Tax
General various neutral none 64.8% PASS
Tracy San Joaquin Measure B Business Tax
General various $ 3,200,000 none 72.6% PASS
Burlingame San Mateo Measure X Business Tax
General various $ 2,500,000 none 75.1% PASS
Los Gatos Santa Clara Measure J Business Tax
General various $ 1,100,000 none 53.4% PASS
Santa Clara Santa Clara Measure H Business Tax
General
$45/employee,
$15/rental unit $ 6,000,000 none 59.5% PASS
Brisbane San Mateo Measure O Business Tax
lodging busn $2.50/rm/day $ 250,000 none 69.2% PASS
East Palo Alto San Mateo Measure L Business Tax
resid. rentals
2.5%
grossRcpts $ 1,480,000 none 69.9% PASS
County of Santa Cruz Unincorporated Measure C Busn Tax - disp cups 12.5cents/cup $ 700,000 none 68.2% PASS
South Lake Tahoe El Dorado Measure G Busn Tax
Cannabis
6% retail,
manufacturing $ 950,000 none 62.9% PASS
McFarland Kern Measure O Busn Tax
Cannabis
8% of gross
receipts retail, $ 1,800,000 none 63.5% PASS
Avenal Kings Measure C Busn Tax
Cannabis
$25+/sf or
15% gr rcpts $ 600,000 none 61.8% PASS
Baldwin Park Los Angeles Measure CB Busn Tax
Cannabis
4%
grossRcpts $ 300,000 none 51.3% PASS
Claremont Los Angeles Measure CT Busn Tax
Cannabis
4%-7% gr
rcpts, $1- $ 500,000 none 61.1% PASS
County of Los Angeles Unincorporated Measure C Busn Tax Cannabis
4% gross
receipts retail, $ 15,170,000 none 60.1% PASS
Cudahy Los Angeles Measure BA Busn Tax
Cannabis
15%
grossRcpts $ 3,600,000 none 54.0% PASS
El Segundo Los Angeles Measure Y Busn Tax
Cannabis
10%
GrossRcpt, $ 1,500,000 none 72.8% PASS
Hermosa Beach Los Angeles Measure T Busn Tax
Cannabis
10%
GrossRcpt, $ 1,500,000 none 67.6% PASS
Lynwood Los Angeles Measure TR Busn Tax
Cannabis 5%to10% $ 3,000,000 none 66.4% PASS
Santa Monica Los Angeles Measure HM Busn Tax
Cannabis
10% gross
Rcpts $ 5,000,000 none 66.4% PASS
South El Monte Los Angeles Measure CM Busn Tax
Cannabis
6% special
excise tax on $ 126,000 none 53.7% PASS
Monterey Monterey Measure J Busn Tax
Cannabis 6% grossRcpt $ 1,300,000 none 65.2% PASS
Pacific Grove Monterey Measure N Busn Tax
Cannabis 6% grossRcpt $ 300,000 none 70.8% PASS
Huntington Beach Orange Measure O Busn Tax
Cannabis
6% retail, 1%
other $ 600,000 none 54.7% PASS
H.2.b
Packet Pg. 158 Attachment: California City Finance Fiscal Impact Summary (3078 : Taxpayer Protection and Government Accountability Act Resolution of – 5 – rev January 14, 2023
CaliforniaCityFinance.com
Notes
?= Ballot measure title did not include an estimate of annual revenues, also not in compliance with Initiative 21-0042A1. n/a*= Arcadia Measure SW passed but sports betting remains illegal after the failure of Propositions 26 and 27 on the November statewide ballot.
Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Laguna Woods Orange Measure T Busn Tax
Cannabis
4%-10% of
gross receipts $ 750,000 none 61.1% PASS
Corona Riverside Measure G Busn Tax
Cannabis
9% of gross
receipts for $ 5,000,000 none 61.6% PASS
Montclair San Bernardino Measure R Busn Tax
Cannabis
7%
grossRcpts $ 3,500,000 none 70.3% PASS
County of San Diego Unincorporated Measure A Busn Tax
Cannabis
6% retail, 3%
distribution, $ 5,600,000 none 57.4% PASS
Encinitas San Diego Measure L Busn Tax
Cannabis
4% to 7% of
gross receipts $ 1,400,000 none 65.1% PASS
Healdsburg Sonoma Measure M Busn Tax
Cannabis 8% grossRcpt $ 500,000 none 72.7% PASS
Exeter Tulare Measure B Busn Tax
Cannabis
10% retail and
other, $10/sf ? none 66.5% PASS
Tulare Tulare Measure Y Busn Tax
Cannabis
10% retail and
other, $10/sf ? none 65.2% PASS
Woodland Yolo Measure K Busn Tax
Cannabis
10%
grossRcpts
? none 66.2% PASS
Redlands San Bernardino Measure J Busn Tax
Distrib centers
from $0.047/sf
to $0.105/sf $ 530,000 none 53.5% PASS
Arcadia Los Angeles Measure SW Busn Tax
Sports Betting
5%
grossRcpts
n/a* none 63.9% PASS
Albany Alameda Measure K ParcelTax $0.074+/sf $ 1,950,000 fire/EMS none 76.0% PASS Cameron Park Airport
District El Dorado Measure J ParcelTax by $600 to $900/parcel $ 117,900 airport/ streets none 78.2% PASS Highlands Village
Lighting Benefit Zone El Dorado Measure L ParcelTax $140+/parcel $ 10,920 streets none 86.3% PASS Knolls Property
Owners CSD El Dorado Measure P ParcelTax by $300+ to $600+/parcel $ 8,400 streets none 75.5% PASS Sundance Trail Zone of
Benefit El Dorado Measure C ParcelTax $600+/yr $ 24,000 roads none 73.2% PASS South Pasadena Los Angeles Measure LL ParcelTax xxx ? library none 86.2% PASS River Delta Fire District Sacramento Measure H ParcelTax $90/yr $ 130,000 fire none 72.1% PASS Emeryville Alameda Measure O PropTransfTax $15/$1000 if $1m-$2m, $ 5,000,000 none 71.6% PASS
San Mateo San Mateo Measure CC PropTransfTax by 1% to 1.5% if >$10m $ 4,800,000 none 71.8% PASS
Alameda Alameda Measure F TOT by 4% to 14% $ 910,000 none 59.2% PASS Clovis Fresno Measure B TOT by 2% to 12% $ 500,000 none 69.7% PASS Kerman Fresno Measure G TOT 10% $ 40,000 none 62.3% PASS Trinidad Humboldt Measure P TOT by 4% to 12% $ 65,000 none 77.6% PASS Imperial Imperial Measure G TOT by 4% to 12% $ 600,000 none 56.2% PASS Arcadia Los Angeles Measure HT TOT by 2% to 12% $ 730,000 none 54.1% PASS Santa Monica Los Angeles Measure CS TOT by 1%, 3%
home shares $ 4,100,000 none 73.7% PASS
H.2.b
Packet Pg. 159 Attachment: California City Finance Fiscal Impact Summary (3078 : Taxpayer Protection and Government Accountability Act Resolution of – 6 – rev January 14, 2023
CaliforniaCityFinance.com
Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Anaheim Orange Measure J TOT online travel
companies $ 3,000,000 none 59.2% PASS
La Palma Orange Measure P TOT by 4% to 12% $ 200,000 none 71.1% PASS Colfax Placer Measure B TOT by 2% to10% $ 29,000 none 73.5% PASS Rocklin Placer Measure F TOT by 2% to 10% $ 300,000 none 59.8% PASS Roseville Placer Measure C TOT by 4% to 10% $ 3,000,000 none 73.0% PASS Big Bear Lake San Bernardino Measure P TOT by 2% to 10% $ 1,300,000 none 54.4% PASS Grand Terrace San Bernardino Measure M TOT new 10% $ 250,000 none 51.9% PASS Yucca Valley San Bernardino Measure K TOT by 5% to 12% $ 1,300,000 none 71.9% PASS Imperial Beach San Diego Measure R TOT by 4% to 14% $ 400,000 none 67.4% PASS El Paso de Robles San Luis ObispoMeasure F TOT by 1% to 11% $ 750,000 none 61.2% PASS Belmont San Mateo Measure K TOT by 2% to 14% $ 600,000 none 79.3% PASS Millbrae San Mateo Measure N TOT by 2% to 14% $ 1,500,000 none 75.8% PASS County of Humboldt Unincorporated Measure J TOT by 2% to 12% $ 3,080,000 none 63.3% PASS County of Placer -
North Tahoe TOT Area Measure A TOT by 2% to 10% $ 4,000,000 none 90.0% PASS County of Santa Cruz Unincorporated Measure B TOT by 1% to 12% $ 2,300,000 none 69.2% PASS County of El Dorado -
East Slope Tahoe Measure S TOT 2/3 by 4% to 14% $ 2,500,000 none 81.8% PASS Chico Butte Measure H TrUT 1 cent $ 24,000,000 none 52.4% PASS Mendota Fresno Measure H TrUT 1.25 cent $ 493,498 none 57.2% PASS Blue Lake Humboldt Measure R TrUT 1 cent $ 30,000 none 55.4% PASS Rio Dell Humboldt Measure O TrUT 3/4cent $ 400,000 none 53.3% PASS County of Kern unincorporated areas Measure K TrUT 1 cent $ 54,000,000 none 50.8% PASS McFarland Kern Measure M TrUT 1 cent $ 579,662 none 62.2% PASS Tehachapi Kern Measure S TrUT 1 cent $ 4,000,000 none 57.2% PASS Avenal Kings Measure A TrUT 1 cent $ 500,000 none 72.5% PASS Susanville Lassen Measure P TrUT 1 cent $ 1,750,000 none 54.7% PASS Baldwin Park Los Angeles Measure BP TrUT 3/4 cent $ 6,000,000 none 58.1% PASS Malibu Los Angeles Measure MC TrUT 1/2 cent $ 3,000,000 none 52.6% PASS Monterey Park Los Angeles Measure MP TrUT 3/4 cent $ 6,000,000 none 58.5% PASS Torrance Los Angeles Measure SST TrUT 1/2 cent $ 18,000,000 none 55.0% PASS Larkspur Marin Measure G TrUT 1/4 cent $ 700,000 none 59.4% PASS Sand City Monterey Measure L TrUT by 1/2cent to
1.5cents $ 1,400,000 none 68.7% PASS
Hemet Riverside Measure H TrUT same 1 cent $ 15,000,000 none 58.0% PASS Elk Grove Sacramento Measure E TrUT 1 cent $ 21,000,000 none 54.1% PASS Galt Sacramento Measure Q TrUT 1 cent $ 3,600,000 none 52.4% PASS Colton San Bernardino Measure S TrUT 1 cent $ 9,500,000 none 66.8% PASS Ontario San Bernardino Measure Q TrUT 1 cent $ 95,000,000 none 53.2% PASS Solana Beach San Diego Measure S TrUT 1 cent $ 3,000,000 none 66.7% PASS Brisbane San Mateo Measure U TrUT 1/2 cent $ 2,000,000 none 63.9% PASS Goleta Santa Barbara Measure B TrUT 1 cent $ 10,600,000 none 64.7% PASS Solvang Santa Barbara Measure U TrUT 1 cent $ 1,600,000 none 63.1% PASS H.2.b
Packet Pg. 160 Attachment: California City Finance Fiscal Impact Summary (3078 : Taxpayer Protection and Government Accountability Act Resolution of – 7 – rev January 14, 2023
CaliforniaCityFinance.com
Co-temporal Advisory Measures in 2022
At the November 2022 election, there was just one local general tax measure that was accompanied by an advisory measure as to the use of funds. The City of Santa Monica’s Measure DT property transfer tax failed with just 34 percent approval as voters instead chose the citizen initiative Measure GS.
There was also just one such tax use advisory measure on the June 2022 election. Susanville’s voters passed Measure P, a 1 percent transactions and use (sales) tax that generates $1.75 million per year5 for general city services. The measure was accompanied by advisory Measure Q, accompanied the city’s It asked, “If Measure P passes, should the revenues be used to balance the budget to maintain and enhance existing public safety services (police and fire), and provide funding to support street infrastructure improvements and provide funding to support economic development efforts designed to increase businesses, jobs and visitors to Susanville?” Both measures passed. Under Initiative 21-0042A1, the tax will expire a year after the effective date of the initiative (i.e., in December 2025).
1.b. Additional Costs and Public Service Effects of the Tax Provisions Assuming a similar volume of local measures through 2024 as we saw in 2022, there will be over 200 local measures that will need to be redrafted to comply with the Initiative and placed back on the ballot for the taxes to continue after December 2025. The costs of re-drafting, re-placing and re-voting on these measures, previously legally approved by voters, will be in the tens of millions in total statewide.
2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
Subjects new fees and charges for a product or service to a new "actual and reasonable test." Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test. Allows legal challenge to any tax adopted before the effective date of the initiative and after January 1, 5 The Susanville measure also did not include a specific end date and so is included in the list and totals of those measures.
Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Watsonville Santa Cruz Measure R TrUT 1/2 cent $ 5,000,000 none 64.4% PASS Vallejo Solano Measure P TrUT 7/8 cent $ 18,000,000 none 54.7% PASS Modesto Stanislaus Measure H TrUT 1 cent $ 39,000,000 none 62.8% PASS County of Colusa Measure A TrUT 2/3 1/2 cent $ 2,400,000 EMS none 69.4% PASS Atwater Merced Measure B TrUT 2/3 same 1 cent $ 4,000,000 police/fire none 73.7% PASS Truckee Nevada Measure U TrUT 2/3 by 1/4 cent to
1/2 cent $ 3,000,000 open space / trails none 76.4% PASS Palo Alto Santa Clara Measure L UtilityTransfer 18% gas $ 7,000,000 none 77.7% PASS Santa Clara Santa Clara Measure G UtilityTransfer 5 % $ 30,000,000 none 84.2% PASS Hercules Contra Costa Measure N UUT 8% $ 3,600,000 none 69.3% PASS Carson Los Angeles Measure UU UUT 2% electr, gas $ 8,000,000 none 78.4% PASS Sebastopol Sonoma Measure N UUT 3.75% (same) $ 700,000 none 83.5% PASS H.2.b
Packet Pg. 161 Attachment: California City Finance Fiscal Impact Summary (3078 : Taxpayer Protection and Government Accountability Act Resolution of – 8 – rev January 14, 2023
CaliforniaCityFinance.com
2022. Such a lawsuit could enjoin (stop) the enactment of the tax pending the outcome of the legal challenge.
Subjects a challenged fee to new, higher burdens of proof if legally challenged.
2.a. Value on New Local Government Fees and Charges at Risk6 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $2 billion per year including those adopted since January 1, 2022. Of $2 billion, about $900 million (45 percent) is for special districts, $800 million (40 percent) is cities, and $300 million (15 percent) is counties.7 Major examples of affected fees and charges are:
1. Certain water, sanitary sewer, wastewater, garbage, electric, gas service fees.
2. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.
3. Emergency response fees - such as in connection with DUI.
4. Advanced Life Support (ALS) transport charges.
5. Business improvement district charges.
6. Fees for processing of land use and development applications such as plan check fees, use permits, design review, environmental assessment, plan amendment, subdivision map changes.
7. Document processing and duplication fees.
8. Facility use charges, parking fees, tolls.
9. Fines, penalties.
10. Fees for parks and recreation services.
2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
mc
6 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 7 School fees are also affected but the amount is negligible by comparison.
H.2.b
Packet Pg. 162 Attachment: California City Finance Fiscal Impact Summary (3078 : Taxpayer Protection and Government Accountability Act Resolution of Sample Resolution to Oppose Initiative 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and THEREFORE, BE IT RESOLVED that the City of Orinda opposes Initiative 21-0042A1; BE IT FURTHER RESOLVED, that the City of Orinda will join the No on Initiative 21- 0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.
We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].
PASSED, APPROVED, AND ADOPTED this day _____ of _____, 2023.
H.2.c
Packet Pg. 163 Attachment: Sample Resolution (3078 : Taxpayer Protection and Government Accountability Act Resolution of Opposition) City Council
Staff Report
Agenda Item: H.3
Date: April 11, 2023
Department: Administration
AGENDA TITLE: Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025 RECOMMENDATION:
Review and Confirm Strategic Priorities for the City
BACKGROUND: The City Council last updated Strategic Priorities on March 19, 2019, and the staff report and attachments from that meeting are included here as Attachment
1. These prior adopted priorities have been used to guide the development of the current two-year budget, adopted in June 2021. Given the COVID Pandemic and a transition to a new City Manager, there has not been an update undertaken until the current effort. Attachment 2 is a review/update of the 2020-2021 Strategic Priorities with the status provided and which documents that most are complete or with substantial progress made.
This year, the update process was undertaken with the assistance of the Institute for Local Government (ILG), the non-profit affiliate of the League of California Cities. In preparation for a day-long session to update Strategic Priorities, ILG staff reviewed the prior adopted priorities and other documents provided by the City. They conducted individual interviews with each City Council member, had Council Members and City Executive Team members complete a survey on strategic priorities, and a survey on strategic priorities was also made available to the public and was promoted via the City’s communications and social media channels.
On Saturday, February 25, 2023, the City Council convened in a workshop setting as a noticed special meeting held at the Ranch House at Wilder to consider strategic priorities. This day-long session was facilitated by a team from ILG. No action was taken at the workshop. The ILG has prepared a summary of the results of the workshop (Attachment 3) and that is presented for City Council review and discussion with this item, and as an additional opportunity for public review and input. Approval of the summary by the City Council as part of this item will establish the updated strategic priorities.
NEXT STEPS: The updated Strategic Priorities will guide staff in developing the initial draft Biennial City Budget and Six-year Capital Improvement Program. Staff will also populate a Strategic Priorities matrix as has been done in prior years. Other interim opportunities to provide input will also be available, such as the planned CIP update on March 6, 2023. It is likely that some Strategic Priorities may need to be amended or postponed after reviewing the limited staff resources and funding available in the City’s budget. Additional discussion of the Strategic Priorities will occur as part of the Budget and CIP presentations.
H.3
Packet Pg. 164
The draft two-year budget will be presented to the City Council for consideration on June 6, 2023, as the first of two public hearings, with the second to occur on June 20, 2023. Options to add or modify the proposed budget will be presented in a different manner this year, with a base budget presented with only unavoidable cost increases factored into the base, and series of City Manager Decision Packages and City Council initiated Budget Referrals to be reviewed, discussed, and incorporated as directed by the City Council using a Budget Balancing Spreadsheet for the General Fund.
FISCAL IMPACT: None as result of this item. Addressing Strategic Priorities will have a cost as implemented.
ATTACHMENTS:
A. 2020-2021 Strategic Priorities Staff Report – March 19, 2019 B. 2020- 2021 Strategic Prioirties Status Update
C. ILG 2023 Strategic Priorities Workshop Summary
Respectfully Submitted by:
David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:
H.3
Packet Pg. 165
H.3.a
Packet Pg. 166 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.a
Packet Pg. 167 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.a
Packet Pg. 168 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.a
Packet Pg. 169 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.a
Packet Pg. 170 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.a
Packet Pg. 171 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.a
Packet Pg. 172 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.a
Packet Pg. 173 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) City Council
Staff Report
Agenda Item: E.1
Date: February 19, 2019
Department: Administration
AGENDA TITLE: Introduction of Proposed Strategic Priorities for Fiscal Years 2019/2020 and 2020/2021
RECOMMENDATION: Staff recommends that the City Council discuss the overall direction of the proposed strategic priorities for the City and receive public input and no final decisions are expected at this meeting. Provide policy direction on desired adjustments so that Staff can revise the proposal for presentation of an updated Final Draft Strategic Priorities to be presented for consideration at the March 19th Council meeting.
BACKGROUND:
Traditionally the City’s adopted Strategic Priorities are listed in the introductory section of the Biennial Budget Plan. These priorities are discussed at City Council workshop meetings usually held in the spring of an odd numbered year (i.e. 2015, 2017…). This process is intended to identify key strategies the City is looking to implement for its overall goals. This is expected to be a higher level or broader perspective discussion.
Although the types of capital projects that are a priority should be identified, this session is not intended to discuss details of individual/specific projects. Specific projects will be presented and considered during the City’s Capital Improvement Plan process which is expected to begin in April.
The staff developed the proposed list (Attachment A) based on several factors including; previous Council direction and decisions; legal mandates; community input during the Urban Land Institute and Connect Orinda processes; community meetings with MOFD; availability of funds, etc. The adoption of a Strategic Plan is helpful to identify common priority goals for the City. This requires input from the community with the selection of the final strategic priorities by the City Council. Staff has begun the process by organizing the strategies under four proposed key objectives: 1) Infrastructure; 2) Downtown; 3) Emergency Preparedness and 4) Fiscal Stability. Within each of these objectives, Staff have identified focused priorities which would be undertaken during the next two fiscal years. In some cases, the priorities identify a specific outcome such as the presentation of a policy or a plan. In other cases, the priority may involve formulating a strategy to address a specific issue.
In preparing the draft matrix of priorities (Attachment A) for input and direction from the City Council, Staff has begun the process of also looking broadly at resources required by the Strategic Plan. It is expected that these efforts will continue, as the City prepares the next Biennial Budget and Financial Plan (2019/2020 – 2020/2021). Although aspirational goals can have positive impacts, there must also be a reality as to how they E.1
Packet Pg. 59
H.3.a
Packet Pg. 174 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) can be accomplished. The operation of basic city services already requires a certain level of staffing and expenditures. Compared to other communities Orinda is limited in terms of both financial and staffing resources and may be restricted in what can be reasonably accomplished. This may require adjustment to the timing and/or scope of the final strategic plan; or the consideration for additional staff members to successfully accomplish strategic priorities/goals set forth by the City Council.
The City Council authorizes spending through the adoption of the Budget and Capital Improvement Plan. As background a current list of projects included in the 5 Year (Fiscal 2018-2022 CIP) is included as Attachment B. As the Strategic Priorities are developed the financial spending plans will need to be evaluated so that when presented there is alignment between the allocated resources and the identified goals.
DISCUSSION:
INFRASTRUCTURE
Residential Streets and CIOC Annual Report/Road and Drainage Plan The completion of all public residential street pavement rehabilitation in 2019 will complete a major milestone and long-standing strategic priority. The voter approval of the add-on half cent sales tax and combination of $45 million of general obligation bonds has quickly propelled the city to improve its pavement rating from one of the worst agencies in the Bay Area in 2014 to among the top five agencies by 2019. Any remaining funding will be identified by the CIOC in its future reports and updated Road and Drainage Plan for addressing our remaining arterial and collector roads, other drainage improvements, and the long-term maintenance of our public road system. The appropriation of the funding is made by the City Council as part of the Budget / CIP.
Public Storm Drain System
Staff has developed a GIS based storm drain inventory system this past year to track all of the recently replaced drainage pipes under rehabilitated residential roads and identify remaining pipes that still need to be addressed due to their added complexity and high costs. The majority of pipes that still need replacement or rehabilitation are larger diameter culverts which convey segments of major creeks (San Pablo, Lauterwasser, and Moraga) under arterial and collector roads. The goal is to develop a comprehensive City-wide storm drain inventory plan with a budgetary estimate of total cost.
Update Bicycle, Trails, and Walkways (BTW) Plan
The current BTW Plan was approved in 2011. Since then the City has completed several of the projects and should revisit prior proposed projects to determine the current level of desire for implementation. Consider new projects and another round of public outreach could be solicited, especially in conjunction with Downtown improvements. The cost estimates would also be updated to reflect current construction costs and a more comprehensive level of detail to implement.
Long Term Facility Renewal/Maintenance Plan
E.1
Packet Pg. 60
H.3.a
Packet Pg. 175 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) City buildings include a variety of structures of varying age and condition, including Orinda City Hall, Orinda Community Center, Wilder Ranch House, and Wilder Maintenance Yard. Staff believes it is important to create a Long Term Facility Renewal/Maintenance Plan for City buildings and would contract with a consulting agency to conduct detailed assessments of the facilities. An example of this is the plan done for the library in 2018 as part of the review of long term funding needs.
DOWNTOWN
Downtown Parking Management
Based on Council direction Staff continues with implementing a combination of residential, employee, and Orinda BART commuter permit parking programs. Draft proposals are currently being discussed with the affected businesses and property owners and City Council discussion of the item is projected for April / May 2019. In addition, developing public-private partnerships for currently underutilized private parking lots will expand the supply of parking spaces. Staff will also pursue an in-lieu parking mitigation fee for future development projects which can generate funding for parking related improvements by the City.
San Pablo Creek Restoration
In its 2017 Downtown Orinda report, the ULI identified San Pablo Creek as "an extremely valuable resource that both residents and visitors could enjoy." This task aims to be a catalyst for restoring and providing public access to San Pablo Creek. It includes applying for Proposition 1 grant funds in April, potential acquisition of a parcel within the creek (owned by Contra Costa County Flood Control), and additional tasks detailed in Attachment C.
Track State/Regional Mandates
This task consists of ongoing reports to the City Council regarding various existing and proposed state planning mandates and how they impact planning for downtown Orinda.
Examples include SB 35 (Housing Accountability) and AB 2923 (BART Transit Oriented Development), which have been codified into law, as well as the proposed SB 50 (the “Housing and Equitable Communities Incentive”, which is a modified version of SB 827, a bill proposed last year which did not pass). Staff will also provide an update regarding MTC’s adopted “CASA Compact,” which consists of a mix of proposed and existing housing legislation.
Pursue Grant Funding
A detailed description of various grant fund opportunities is included in Attachment D.
Formulate New Development Standards for Consideration by City Council This task consists of a review of the existing development standards that apply in the downtown area, an overview of prior proposals to amend these standards, a public E.1
Packet Pg. 61
H.3.a
Packet Pg. 176 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) outreach program, and formulation of proposed regulations. This would likely include the following:
● Overview of constraints and opportunities downtown such a as:
○ Topography
○ San Pablo Creek
○ High Voltage Power Lines
○ BART station and Hwy
● Detailed overview of existing standards that apply downtown such as:
○ General Plan policies regarding downtown
○ Minimum setbacks
○ Parking standards
○ Maximum heights and residential density
○ Uses allowed by right and with a use permit
○ Housing overlay zones
○ Sign regulations
○ Downtown Design Guidelines
● Review of prior proposals, in particular the recommendations of the Planning Process and Review Task Force
● Advantages/Disadvantages of Zoning and General Plan Amendments vs a Downtown Specific Plan
● A public outreach plan/ Community engagement strategy ● Staff would recommend a set of changes to existing development standards based on public input, State law (i.e., objective design review criteria for multifamily residential projects as required by SB 35), and other factors ● Depending on the scope of the amendments, a General Plan Amendment would likely be necessary; this would be processed concurrent with the amendments to the City’s zoning regulations (or, if applicable, concurrent with a Downtown Specific Plan)
● As required by the California Environmental Quality Act (CEQA), environmental review will be conducted concurrent with processing of the code/ General Plan amendments
E.1
Packet Pg. 62
H.3.a
Packet Pg. 177 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) ● Staff’s final recommendation would be presented to the Planning Commission, which would make a recommendation to the City Council, and then to the City Council for consideration and action.
Staff estimates that such a program would take approximately one to two years and would necessitate assistance from consultants as well as the City Attorney’s office. The City would be eligible for some grant funding for this planning effort, probably including a noncompetitive grant of $125,000 made available from SB 2, the Building Homes and Jobs Act which assesses a $75 property transfer tax on all property transfers in California.
Powerline Undergrounding Feasibility
Downtown Orinda is crisscrossed by a few high voltage transmission lines that are unsightly and constrain development of the land they traverse (new structures are not permitted below the lines). Any land use planning effort in downtown needs to include an investigation as to whether undergrounding, re-routing or combining these power lines is feasible. For this task, the Planning Department would work with PG&E to briefly describe the options and whether they are viable based on either technical, cost, or other factors such as land acquisition. Staff would request that a PG&E representative attend the Council Meeting in order to answer questions on this topic, since any proposal would need to be implemented by the power utility.
Complete ConnectOrinda Downtown Streetscape Master Plan The ConnectOrinda Downtown Streetscape Master Plan project currently underway is scheduled to be completed by September, when the final plan will be published. Other remaining milestones include March 5, when the Council will consider a list of recommended projects to study for inclusion in the final plan, and a Celebration in May at which the results of that study will be presented to the public.
Explore Transit-Oriented Development (TOD) Opportunities on BART-Controlled Lands
The Orinda BART station is unusual in that BART leases the station and parking lot lands from Caltrans. As a result, the regulations created pursuant to AB 2923 allowing BART to pursue TOD without local participation do not apply in Orinda.
With this task, staff would explore what opportunities exist for a City-led effort to pursue some form of TOD development within the BART-controlled Caltrans lands of the BART station and parking lots. This would likely include an overview of other TOD projects in Contra Costa County which have been constructed, approved or are under consideration. Staff would work with BART (and as necessary, Caltrans) to explore potential options and invite BART representatives to a Council meeting to present and answer questions directly.
EMERGENCY PREPAREDNESS
E.1
Packet Pg. 63
H.3.a
Packet Pg. 178 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) The City’s Emergency Operations Center is now ready to manage an emergency through the County WebEOC. Laptop computers are available in the EOC for all department heads for the purpose of connecting to WebEOC. WebEOC is the standard for processing and documenting an emergency. While using WebEOC during an event, outside agencies can log in real time to assess needs.
WebEOC training will be provided by County staff for Orinda department heads by mid2019.
Tree Management on City Property
The City of Orinda has hundreds of trees on its property, many of which could serve as fuel for fires. Staff recommend developing a phased plan to remove high fire fuel trees (emphasis on pines and eucalyptus) from City-owned parks, streets and other properties by working with MOFD, professional arborists and others. The plan could also include the development of a replacement program, as appropriate.
Revise Tree Management Ordinances
OMC Chapter 17.21, Tree Management, requires a discretionary Tree Removal Permit for the removal of any tree on a vacant lot, and for some native trees over a certain size on a developed lot. For this task, the Planning Department, working in conjunction with the City Attorney, would propose text amendments to the municipal code intended to streamline the process for removal of so-called “disallowed” non-native trees, such as Monterey pines, that pose a fire risk. This may include removing the requirement for a tree removal permit for these species, or creating a new more-streamlined process.
Any proposed changes would need to be reviewed by the Planning Commission for recommendation to the City Council, and be acted upon by the Council.
Rule 20A Electrical Undergrounding
Since the City elected to abandon the undergrounding district along Miner Road a few years ago, the Rule 20A credits with PG&E remain unspent. The current balance of credits is approximately $2.5 million. Staff intends to work with MOFD to identify a critical or high risk overhead electrical line along a collector or arterial street evacuation route that should be undergrounded to reduce the risk of sparking a fire with nearby vegetation.
Update Emergency Operations Plan/Community Education
Orinda PD and City Management will emphasize the need to routinely update our current emergency operations plan approximately every six months and implement additional staff training with emergency exercises. Staff will partner with MOFD for more community outreach events and develop an education program to our residents so they can implement self-protection measures around their own properties.
Quarterly Coordination Meetings with MOFD & City Staff
E.1
Packet Pg. 64
H.3.a
Packet Pg. 179 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) Regular quarterly meetings between the MOFD and City staff will be instituted to coordinate efforts related to: fire safety; emergency and disaster preparedness; code enforcement updates; and community education and outreach.
Orinda PD will work with MOFD to continue their efforts on registering Orinda residents in the Community Warning System for emergency alerts.
Orinda PD will visit communities during National Night Out to speak on a variety of community safety matters that affect Orinda.
FISCAL STABILITY
The Financial Stability of the City is fundamental to its ability to continue to serve the needs of the community. This requires examining with a long-term perspective to ensure that decisions made today can be sustained into the future. Based on the City Council discussion at the January 22, 2019 Council meeting, the following are the three focused strategies proposed under this Objective:
Evaluate Voter Approved Revenue Opportunities
This strategy would identify the structure and proposal for additional revenue requiring voter approval. The initial effort would be education focused on an understanding of the revenue and specific historical experience relevant to Orinda. As envisioned it would include a broad based working group. As part of the process the effort would need to integrate the projected needs for infrastructure, improvements and services that have insufficient funding. As noted, in addition to Staff and City Attorney time, there may be a need for professional services associated with polling, legal; and/ or Public Financing.
Annual Review City Enacted Fees, Charges, Fines, and Penalties This strategy is designed to be an annual review of City enacted fees to ensure that they are covering the cost of service. In the case of fines and penalties they are typically reviewed based on surrounding jurisdictions. Because justifiable fees must not exceed the cost of service, depending on the scope of changes this may require additional Consultant costs to develop a full cost model. A recommendation in this area is made annually as part of the budget process.
Review and Update Reserve Policies and Financial Goals
This strategy is intended to examine the financial resources of the City that are required for emergencies, cash flow purposes, as well as responding to long-term needs both planned and unplanned. Although the City is in an enviable position in terms of pension liabilities due to its provision of a “defined contribution” retirement plan, recent experience with addressing major sinkhole highlighted the importance of reserves.
FISCAL IMPACT: The final strategic priorities selected will require the determination of staffing and funding which can support the successful completion of the goals. The Proposed Biennial Budget and Five Year Capital Improvement Plan will identify the proposed funding and a discussion of the goals for final adoption by the City Council.
E.1
Packet Pg. 65
H.3.a
Packet Pg. 180 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) NEXT STEPS: Following this meeting Staff will take feedback from this meeting and prepare a final draft of the Strategic Priorities for presentation to the City Council at its March 19th meeting. The Draft Priorities will be a significant guiding factor as Staff develops a Proposed Biennial City Budget and Five Year Capital Improvement Plan, which will be presented for City Council consideration and adoption prior to June 30, 2019.
The preparation of this report has taken a considerable focused staff effort. I would like to acknowledge Larry Theis who chaired the committee and members Todd Trimble, Drummond Buckley, Jason Chen, Mayank Patel, Adam Foster, Mark Nagel, and Paul Rankin for their work.
ATTACHMENTS:
A. 2020-2021 Draft Strategic Priorities Table
B. Current List of 2018-2022 CIP Projects
C. Potential San Pablo Creek Tasks
D. Grant Funding Opportunities
Respectfully Submitted by:
Steve Salomon
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:
E.1
Packet Pg. 66
H.3.a
Packet Pg. 181 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) ID # Category Strategic Priority Responsible Department(s) Start Date Target Date Staff Allocation Estimated Fiscal Allocation A.1 Infrastructure Complete Pavement Rehabilitation of ALL Public Residential Roads in Orinda Public Works Ongoing Winter 2019 75% of Staff Engineer $500,000 for design consultant; $14.4M construction costs; $300,000 for construction management (already allocated in current CIP) A.2 Infrastructure
Update/Complete Storm Drain Plan & Inventory ‐ comprehensive City Wide inventory of public storm drain pipes with estimated replacement or rehabilitation total cost Public Works Ongoing Summer 2019 30% of Staff Engineer
$400,000 of Drainage Impact Funds (already programmed into current CIP) A.3 Infrastructure
CIOC Annual Report and Update Road and Drainage Repairs Plan ‐ incorporate Storm Drain Plan citywide estimate, update pavement rehabilitation costs for arterials and collectors, update on‐going systemwide annual pavement maintenance cost CIOC & Public Works Ongoing Summer 2019 25% of Staff Engineer No external cost ‐ significant staff time A.4 Infrastructure Update Bicycle, Trails and Walkways Master Plan Public Works Spring 2020 End of 2020 15% of Staff Engineer for Consultant Oversight $100,000 of General Fund or possible grant funding from CCTA or TDA A.5 Infrastructure Identify Long Term Facility Renewal/Maintenance Plan Parks & Recreation/Finance Fall 2019 Fall 2019 10% of Maintenance Supervisor for consultant oversight $25,000 ‐ Source TBD ( A portion of the cost may be proposed from the Parks & Recreation Facility Maintenance Surcharge.) CITY OF ORINDA
DRAFT 2020‐2021 Strategic Priorities
as proposed by City Staff ‐ 2‐19‐2019
Draft Priorities Page 1 of 5
E.1.a
Packet Pg. 67
Attachment: 2020-2021 Draft Strategic Priorities Table (1720 : Strategic Priorities) H.3.a
Packet Pg. 182
Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for ID # Category Strategic Priority Responsible Department(s) Start Date Target Date Staff Allocation Estimated Fiscal Allocation CITY OF ORINDA
DRAFT 2020‐2021 Strategic Priorities
as proposed by City Staff ‐ 2‐19‐2019
B.1 Downtown
Downtown Permit Parking Programs (Residential, Employee, Local BART Users Districts) Public Works 7/18 1/20
30% of staff engineer and
supplemented with outside
consultant until program is
implemented as directed by Council.
Plus legal / attorney costs.
$30,000 of General Fund allocation in operating budget for consultant services; cost of parking enforcement; offset eventually with permit revenue, parking fines, and other revenue B.2 Downtown
Pursue appropriate grant funding opportunities for planning and capital improvements (CCTA, SB2, Measure RR, Coastal Conservancy, ABAG, RWQCB, MTC Fish and Wildlife mitigation funds) Planning/Public
Works; support from
Friends of Orinda
Creeks
Ongoing None 10% of a staff position / project intern $20,000 B.3 Downtown
San Pablo Creek Restoration ‐ Pursue grant funding for creek restoration; develop agreement to permit the City to accept County Flood Control parcel (265‐170‐041) after due diligence; Establish creek access during development application review; Creek hydrological evaluation & engineering design review. (See Attachment C) Planning/Public
Works with support
from Friends of
Orinda Creeks
4/19
First Phase
complete by
1/1/20; ongoing
10+ year project
20% of a staff position
Plus legal / attorney costs.
$80,000 ‐ which could be covered by or reimbursed through grant applications B.4 Downtown
Track existing and proposed state and regional mandates that could impact planning for downtown Planning Ongoing None 5% of a position No specific funding Draft Priorities Page 2 of 5
E.1.a
Packet Pg. 68
Attachment: 2020-2021 Draft Strategic Priorities Table (1720 : Strategic Priorities) H.3.a
Packet Pg. 183
Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for ID # Category Strategic Priority Responsible Department(s) Start Date Target Date Staff Allocation Estimated Fiscal Allocation CITY OF ORINDA
DRAFT 2020‐2021 Strategic Priorities
as proposed by City Staff ‐ 2‐19‐2019
B.5 Downtown
Formulate new development standards for downtown area either through amendments to the zoning code or a Downtown Specific Plan. General Plan amendments may also be necessary.
Planning Fall 2019 Winter 2020
75% Staff Planner
25 % City Attorney's Office
legal / attorney costs.
$150,000 Environmental Review$200,000 Consultant Costs$75,000 Legal Costs$15,000 Staff Overtime Costs(Specific Plan alternative would cost substantially more)Grant funding would likely be available to cover some of these costs. The City also has a long range planning reserve fund.
B.6 Downtown
Investigate feasibility of undergrounding, consolidating or re‐routing high voltage power lines that traverse downtown Planning/ PG&E Fall 2019 Fall 2019 Approximately 10‐20 hours of staff time This capital project would be extremely costly and PG&E is unlikely to contribute.The fiscal impact of looking into the matter would be minimal, assuming that PG&E has personnel available to work with Planning staff and to attend a Council meeting.
B.7 Downtown Complete ConnectOrinda Downtown Streetscape Master Plan Planning Ongoing September 2019 This work is budgeted for. The
project has required approximately
one FTE to manage the consultants
and the community engagement
process. The work has been split
between several staff members.
$250,000 in consultant costs funded by CCTA and BART grants$50,000 City Match, which has been used to fund optional tasks as well as some of the City staff time B.8 Downtown
Explore Transit‐Oriented Development (TOD) Opportunities on BART‐Controlled Lands. This would include a discussion with BART and Caltrans (which owns the BART station and parking lots) regarding what type of TOD projects meet their criteria, a report to the City Council, ideally with a BART representative present to answer questions regarding BART's TOD program.
Planning 10/19 12/19 80 hours of staff time Internal Staff Time Draft Priorities Page 3 of 5
E.1.a
Packet Pg. 69
Attachment: 2020-2021 Draft Strategic Priorities Table (1720 : Strategic Priorities) H.3.a
Packet Pg. 184
Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for ID # Category Strategic Priority Responsible Department(s) Start Date Target Date Staff Allocation Estimated Fiscal Allocation CITY OF ORINDA
DRAFT 2020‐2021 Strategic Priorities
as proposed by City Staff ‐ 2‐19‐2019
C.1 Emergency Preparedness Seismic Retrofit of Miner Road and Bear Creek Road Bridges Public Works Ongoing Construction in Summer 2022 20% of Staff Engineer Overall construction cost expected $2.5‐$3.0M reimbursed by federal/state grants. $250,000 Gas Tax or Return to Source Funds for local match contributions for engineering to be included in Capital Improvement Plan C.2 Emergency Preparedness
Revise Tree Ordinance to reflect best practices for wildfire prevention and "defensive space" around habitable structures.
Planning 1/20 6/20 10% of a staff position Plus legal / attorney costs. Internal Staff Time C.3 Emergency Preparedness Remove high fire fuel trees(emphasis on pines and eucalyptus) from city owned property Parks & Recreation 2019 2025 all internal $50,000/year C.4 Emergency Preparedness Update Emergency Operations Plan ‐ routinely every six months; staff training by 8/19; thereafter annually Police/City Manager Summer 2019 End of 2019 Internal Staff commitment $5,000 for training costs, supplies, software updates, etc.
C.5 Emergency Preparedness Quarterly coordination meetings ‐ MOFD/Police/Public Works staff level Police/Public Works Begin Summer 2019 Ongoing Internal Staff commitment No external cost allocation expected.
Draft Priorities Page 4 of 5
E.1.a
Packet Pg. 70
Attachment: 2020-2021 Draft Strategic Priorities Table (1720 : Strategic Priorities) H.3.a
Packet Pg. 185
Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for ID # Category Strategic Priority Responsible Department(s) Start Date Target Date Staff Allocation Estimated Fiscal Allocation CITY OF ORINDA
DRAFT 2020‐2021 Strategic Priorities
as proposed by City Staff ‐ 2‐19‐2019
C.6 Emergency Preparedness Community education on emergency preparedness, gun safety, home security Police/City Manager 4/19 Ongoing Internal Staff commitment $5,000 for materials to be distributed within community D.1 Fiscal Stability
Evaluate revenue opportunities requiring voter approval (Potential revenues: Local Sales Tax Extension; General Obligation Bond; increase the Transient Occupancy Tax / TOT rate.) Finance
2019 (Background
education /
workshops and
planning should
begin by summer
2019)
2020 (November
Measure would
need to be acted
on no later than
July / Aug 2020 )
May extend if
waited until 2022
City Management Staff; City
Attorney time to draft any measure.
Plus legal / attorney costs. This work
should dovetail with efforts to
identify infrastructure / service
needs that require funding
$30,000 estimated for polling services ; Contract Legal Services beyond normal appropriation TBD. Financing alternative would require additional professional services.
D.2 Fiscal Stability Review of Fees, Charges, Fines and Penalties enacted by the City. Finance Annual Adoption by City
Council 30‐60
days prior to July
1st (Beginning of
new Fiscal Year)
Finance Lead with support from all
Departments
May require Fee Study which will evaluate full cost accounting associated with the fee.
D.3 Fiscal Stability
Review and update of policies and financial goals that will support long term fiscal stability. (Current reserve policy; potential unplanned events / disasters / uninsured loss; liabilities ‐ including Retiree Medical / OPEB; internal service fund policy for major operating equipment replacement and repairs).
Finance 2019
Have policies in
place by
12/31/2019 when
CAFR is
presented.
Finance Staff Internal Staff Time
Draft Priorities Page 5 of 5
E.1.a
Packet Pg. 71
Attachment: 2020-2021 Draft Strategic Priorities Table (1720 : Strategic Priorities) H.3.a
Packet Pg. 186
Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Capital Improvement Plan
City of Orinda, California
PROJECTS BY CATEGORY
FY 18 FY 22 thru
Category Project # FY 18 FY 19 FY 20 FY 21 FY 22 Total
CITY BUILDINGS & FACILITIES
Community Center Kitchen Renovation 4022 75,000 75,000
Community Center HVAC 4050 50,000 50,000
Community Center Accessibility Improvements 4086 25,000 25,000 25,000 25,000 25,000 125,000 Community Center Roof Replacement TBD4001 50,000 50,000 Community Center Window Replacement TBD4002 85,000 85,000 Library Boiler Piping Replacement TBD4003 60,000 60,000 City Hall Elevator TBD4011 20,000 20,000
Library Auditorium Audio/Visual Upgrade TBD4013 40,000 40,000 Library Building Carpet Replacement TBD4014 111,215 111,215 CITY BUILDINGS & FACILITIES Total 176,215 205,000 185,000 25,000 25,000 616,215
PARK IMPROVEMENTS
Wilder Park Field#4 Synthetic Turf 4061 225,000 225,000 Mini Park (Crossroads Park) 4103 250,000 250,000
Community Park Renovation Plan & Improvements 4112 50,000 100,000 675,000 75,000 900,000 Park Monument Signage 4113 15,000 15,000
St. Stephens Trail and Drainage Improvements TBD3003 15,000 65,000 80,000 Community Park Pathway Improvement TBD4004 20,000 20,000 Park Tree Removal Program TBD4007 20,000 20,000
Wilder Fields 1&2 Turf Replacement TBD4010 750,000 750,000 Orinda Oaks Park Restroom Replacement TBD4012 100,000 100,000 PARK IMPROVEMENTS Total 50,000 615,000 675,000 855,000 165,000 2,360,000
TRANSPORTATION / DRAINAGE
Downtown and BART Wayfinding Project 0023 38,169 166,000 204,169 Miner Road Bridge Seismic Retrofit Project 0044 100,000 150,000 100,000 300,000 650,000 Bear Creek Bridge Seismic Retrofit 0087 300,000 450,000 50,000 250,000 1,050,000 Miner Rd Pavement Rehab & Shoulder Widening 4071 67,140 869,090 41,030 977,260 ADA Transition Plan Compliance Projects 4074 10,000 10,000 10,000 10,000 10,000 50,000 Oak Springs/Candlestick Rd Storm Water Impr 4081 1,331,300 1,331,300 Storm Drain Plan & Inventory 4092 100,000 150,000 50,000 50,000 50,000 400,000 BART & Downtown Access Ramp and Lighting 4096 1,029,241 1,029,241 Traffic Calming Improvements Program 4107 30,000 40,000 40,000 40,000 40,000 190,000 Annual Bicycle, Trails, and Walkways Program 4109 40,000 40,000 40,000 40,000 160,000 Camino Sobrante Path at La Plaza Drive 4110 19,755 19,755 Annual Drainage Facilities Improvement Program 4111 165,000 150,000 150,000 150,000 150,000 765,000 2017 Annual and Measure J&L Pavement Rehab 4114/4115 8,802,786 450,000 9,252,786 2018 Measure J & L Pavement Rehab 4117/4118 1,955,500 16,941,408 18,896,908 Miner Road Sinkhole/Culvert Repair 4121 700,000 700,000 Camino Pablo Bicycle Route Corridor Improvements 4128 40,000 150,000 360,000 550,000 Downtown Orinda Streetscape Master Plan 4130 10,000 290,000 300,000 Glorietta Elementary Safe Route to School 4131 312,000 128,000 440,000 Orinda Way Pavement Rehabilitation TBD3001 25,000 25,000 700,000 750,000 2018-2022 CIP
E.1.b
Packet Pg. 72
Attachment: Current List of 2018-2022 CIP Projects (1720 : Strategic Priorities) H.3.a
Packet Pg. 187 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) Category Project # FY 18 FY 19 FY 20 FY 21 FY 22 Total
2019 Annual and Measure J & L Pavement Rehab TBD3002 70,000 1,439,000 13,686,000 15,195,000 Camino Pablo Median Landscape - Phase 1 TBD3004 80,000 80,000 Moraga Way Crosswalk at Brookside Road TBD3005 50,000 14,000 64,000 Traffic Signal Operation Improvements TBD3006 15,000 15,000 15,000 15,000 15,000 75,000 Annual Pavement Program TBD3007 800,000 2,700,000 2,975,000 6,475,000 Brookwood Pilot Residential Parking Permit Program TBD3008 30,000 30,000 Downtown Employee/Residential Parking Permit Prg TBD3009 20,000 30,000 50,000 Camino Pablo Traffic Calming TBD3010 45,000 45,000
Green Infrastructure Program for Pavement Projects TBD3011 30,000 30,000 30,000 30,000 120,000 Martha Rd-Catherine Court Ped Path-Assessment Only TBD3012 40,000 40,000 TRANSPORTATION / DRAINAGE Total 14,343,891 21,587,498 15,809,030 4,290,000 3,860,000 59,890,419
VEHICLES
Fleet Replacements TBD1001 90,000 65,000 80,000 55,000 290,000 VEHICLES Total 90,000 65,000 80,000 55,000 290,000
GRAND TOTAL 14,660,106 22,472,498 16,749,030 5,225,000 4,050,000 63,156,634 2018-2022 CIP
E.1.b
Packet Pg. 73
Attachment: Current List of 2018-2022 CIP Projects (1720 : Strategic Priorities) H.3.a
Packet Pg. 188 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) Details for Potential San Pablo Creek Tasks
Long-Term Goal
Daylight and restore San Pablo Creek from Santa Maria Road to the historic Orinda Way Bridge and design for pedestrian access throughout.
Short-Term Tasks
The tasks below could serve as catalysts to provide public access to San Pablo Creek and restore the creek.
Number Task Details Fiscal Impact
Year 1 (2019 - 2020)
1a Pursue Grant Funding for Creek Restoration
Apply for Proposition 1 grant funding for creek
restoration efforts (due April 30, 2019; potential
funds available in the last few months of 2019).
Track additional grant funding sources and
submit grant applications for downtown San
Pablo Creek restoration and public access
projects. This could include planning,
engineering, and land acquisition, as well as
potential cost recovery for staff time dedicated to
creek restoration efforts.
Staff time associated with grant funding
applications. These costs, which may be
recovered by grant funding, are estimated to be
in the $10,000 - $15,000 range. A temporary
intern would be hired to support the planning
staff. This intern would assist with San Pablo
Creek grant writing, creek restoration/public
access efforts, and development application
review. This would enhance the City's ability to
write competitive grant applications and complete
the 2019-2020 tasks on this list. It would also free
up existing staff hours that would be dedicated to
San Pablo Creek restoration and public access
efforts.
1b
Develop Agreement to Permit the City to
Accept County Flood Control Parcel (265-
170-041) After Due Diligence
This parcel would provide the City with control
over one property that could be used for creek
restoration and a pedestrian creek walk. County
Flood Control staff has met with City staff and is
willing to transfer the parcel to the City. The City
would initiate a process with the County to
develop an agreement which would provide for a
due diligence period for the City to consider
accepting the parcel. The due diligence period
would allow for the City to conduct a phase 1
Environmental Assessment and physical
evaluation of the existing improvements and
conditions of the property prior to potential
accepting the parcel. The City would also perform
title research to understand what access rights
the City has/would have to creek.
$6,000 for Phase 1 Environmental Assessment
$10,000 for other due diligence and efforts
associated with property transfer, including title
research to understand existing access
requirements. If a Phase 2 Environmental
Assessment is deemed necessary, this study
would be an additional expense that could be in
the tens of thousands of dollars. However, the
cost of a Phase 2 Environmental Assessment
could be covered by grant funding.
1c Establish Creek Access During Development
Application Review
Work with adjacent property owners to perform
creek restoration and provide public access to
San Pablo Creek As property owners with land
over or adjacent to the creek submit development
applications, the City will work with the to
incorporate San Pablo Creek restoration and
public access into their projects. Costs
associated with restoration and public access
would be paid by the property owner or grant
funding or a combination of the two. Creek
restoration and public access would be pursued
for daylighted creek areas as well as areas of the
creek that are not currently daylighted but could
be daylighted and restored.
None at this time. Staff time associated with
development review is typically covered by the
project applicant.
1d Creek Hydrological Evaluation &
Engineering Design Review
Channelization and straightening of San Pablo
Creek (in 1958) likely reduced the creek's flood
control capacity. Restoration of the creek could
increase its flood control capacity and reduce
potential flood risks. Such efforts could enhance
the resiliency of Downtown Orinda in the event of
a very large storm. The evaluation is intended to
be a peer review of Friends of Orinda Creek‘s
restoration study. This work would be consistent
with ULI's recommendation to create a San Pablo
Creek Action Plan focusing on rehabilitation of
the creek.
$50,000 for hydrological evaluation and
engineering design review associated with creek
restoration and public access efforts
Year 2 (2020 - 2021)
2a Continue tasks 1a and 1c See descriptions above See descriptions above E.1.c
Packet Pg. 74
Attachment: Potential San Pablo Creek Tasks (1720 : Strategic Priorities) H.3.a
Packet Pg. 189 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025)
POTENTIAL GRANT FUNDING OPPORTUNITIES
Senate Bill 2: The Building Homes and Jobs Act (Atkins) Funding
This legislation created a $75 fee on real estate transactions in California. The fee has been collected for over a year. In 2019, Orinda will be able to receive a one-time amount of $125,000. The money must be spent on specific planning activities That will result in changes to existing codes which will allow for increased production of housing. Depending on Council direction, the City may be able to use this money for downtown planning efforts.
Contra Costa Transportation Authority - Measure J
Summary
In November 2004, Contra Costa County voters approved Measure J, which provides for the continuation of the County’s half-cent transportation sales tax for 25 more years beyond the original expiration date of 2009. Measure J provides approximately $2.5 billion for countywide and local transportation projects and programs through the year 2034.
Funding
Orinda receives funding through designated “return to source dollars and competitive grant programs.
BART - Measure RR
Station Access Projects
As mentioned in BART’s February 5, 2019 presentation to the City Council, BART has allocated $135 million for station access improvements. Of that $135 million, $25 million is dedicated to new grant programs for Safe Routes to BART. Although the program is currently being developed, Planning staff is coordinating with BART to participate in the “BART Walk and Bicycle Network Gap Study.” State Coastal Conservancy - Proposition 1
Funding
In November 2014, voters approved the Water Quality, Supply, and Infrastructure Improvement Act (Proposition 1). The purposes of Proposition 1 include generating funding to address water quality, water supply, and watershed protection and restoration. Proposition 1 allocates $100.5 million to the State Coastal Conservancy (SCC) to implement projects that protect and enhance coastal resources.
The SCC expects to have about $20 million in Proposition 1 funding available. Proposals are due 4/30/2019.
Environmental Agency Mitigation Funds
Funding
From time to time project funding is made available to local agencies based on project mitigation funds and or penalties collected through enforcement actions. The source of these funds can be from a variety of State agencies including: Fish and Wildlife; Environmental Protection; State Water Resources Control Board; etc.
E.1.d
Packet Pg. 75
Attachment: Grant Funding Opportunities (1720 : Strategic Priorities) H.3.a
Packet Pg. 190 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) More frequent bus service coming to Orinda!
Starting March 10, 2019 County Connection will be adding more weekday service on Route 6, which runs between Orinda and Lafayette BART stations via Moraga. The service will run every 20 minutes during morning and evening commute times. Rides are only $2 each way with a Clipper card (or $1 if transferring from BART), and seniors and persons with disabilities can get a 50% discount. Cash fares will increase to $2.50 (or $1.25 for seniors/disabled) on March 10, 2019. We encourage everyone to get a Clipper card!
Route 6 offers service in close proximity to many schools in Orinda, Moraga and Lafayette, as well as direct access to St. Mary's College. We encourage you to visit County Connection's website and learn more about the changes. You can also contact customer service at: 925-676-7500 or by emailing [email protected].
G.1
Packet Pg. 76
Communication: More Frequent Bus Service Coming to Orinda (CITY MANAGER'S REPORT) H.3.a
Packet Pg. 191 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) G.1
Packet Pg. 77
Communication: More Frequent Bus Service Coming to Orinda (CITY MANAGER'S REPORT) H.3.a
Packet Pg. 192 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) ID # Category Strategic Priority Responsible
Department(s) Start Date Target Date Staff Allocation Estimated Fiscal Allocation STATUS:
Complete /
Underway / No
Progress /
Added / New
COMMENTS
A.1 Infrastructure Complete Pavement Rehabilitation of ALL Public Residential Roads in Orinda Public Works Ongoing Winter 2019 75% of Paving Program Manager $500,000 for design consultant;
$14.4M construction costs; $300,000
for construction management
(already allocated in current CIP) Substantially
Complete
Last remaining road segment, Happy Valley Road, to be included in 2023 Annual Paving Project. Orinda now has the 2nd highest PCI of any Bay Area community.
A.2 Infrastructure
Update/Complete Storm Drain Plan &
Inventory - comprehensive City Wide
inventory of storm drain pipes under public
road right of way or accepted easements
with estimated replacement or
rehabilitation total cost
Public Works Ongoing End of 2019 50% of New Engineer -
$400,000 of Drainage Impact Funds
(already programmed into current
CIP) for consultant field surveys and
assessment for estimates
Complete
Repair plan reviewed by CIOC and then City Council on 2-4-2020. This information was used in the development of Measure R, which includes $10 million in funding targeted to storm drain repair.
A.3 Infrastructure
CIOC Annual Report and Update Road and
Drainage Repairs Plan - incorporate Storm
Drain Plan citywide estimate, update
pavement rehabilitation costs for arterials
and collectors, update on-going
systemwide annual pavement maintenance
cost
CIOC & Public Works Ongoing Summer 2019 25% of Paving Program Manager No external cost - significant staff time
Underway
PW staff is working on a comprehensive update for roads and street maintenance funding and needs in the context of new mandates regarding green infrastructure and available future funding.
A.4 Infrastructure Identify Long Term Facility
Renewal/Maintenance Plan
Parks &
Recreation/Finance Fall 2020 Spring 2021 10% of Maintenance Supervisor for consultant oversight $25,000 - Source TBD ( A portion of
the cost may be proposed from the
Parks & Recreation Facility
Maintenance Surcharge.)
Underway
A consultant-led assessment of all major city buildings (City Hall, Library, Community Center, Maintenance Yard, and Ranch House) was completed by the target date, with a plan to conduct an assessment of the AGC within a few years following. The assessment findings were used to create existing CIP projects for the buildings, some of which have been completed. A separate organizational review of the City's approach to facilities/infrastructure maintenance is underway.
A.5 Infrastructure Implement 5G Small Cell Ordinance and Design Standards
Planning/Public
Works Ongoing Fall 2019 20% of Planner for consultant oversight and 10% Engineer Legal Counsel cost TBD Completed Updated Ordinance adopted.
B.1 Downtown
Downtown Permit Parking Programs
(Residential, Employee, Local BART Users
Districts)
Public Works 7/18 1/20
50% of staff engineer and
supplemented with outside
consultant until program is
implemented as directed by Council.
Plus legal / attorney costs. Need to
consider on-going staff
administration (10% of Admin
position) of program for assisting
public with permits and addressing
ticket complaints
$30,000 of General Fund allocation
in operating budget for consultant
services; cost of parking
enforcement; offset eventually with
permit revenue, parking fines, and
other revenue
Partially
complete
Parking Permit Programs established for some areas; demand for programs temporarily eliminated due to COVID and reduced BART ridership.
B.2 Downtown
Pursue appropriate grant funding
opportunities for planning and capital
improvements (CCTA, SB2, Measure RR,
Coastal Conservancy, ABAG, RWQCB, MTC
Fish and Wildlife mitigation funds)
Planning/Public
Works; support from
Friends of Orinda
Creeks
Ongoing None 10% of a staff position / project
intern $20,000
Underway and
On-Going
California Consulting was retained to actively pursue grants and that is a continuing effort.
B.3 Downtown
San Pablo Creek Restoration - Pursue grant
funding for creek restoration; develop
agreement to permit the City to accept
County Flood Control parcel (265-170-041)
after due diligence; Establish creek access
during development application review;
Creek hydrological evaluation &
engineering design review.
Planning/Public
Works with support
from Friends of
Orinda Creeks
4/19
First Phase
(Preliminary creek
alignment
alternatives)
complete by
1/1/20; ongoing
10+ year project
20% of a staff planner
30% of new staff engineer
Plus legal / attorney costs.
$55,000 - which could be covered by
or reimbursed through grant
applications
Underway
The recently adopted Downtown Precise Plan has a San Pablo Creek section which provides a vision for the creek. The Friends of Orinda Creek recently completed a pilot project on a section of the creek owned by the County Flood Control District and some City funding was provided for that.
B.4 Downtown
Track existing and proposed state and
regional mandates that could impact
planning for downtown
Planning Ongoing None 5% of a position No specific funding Underway and On-Going
Current status reflected in recently adopted Downtown Precise Plan, Housing Element, and Safety Element.
CITY OF ORINDA
FINAL 2020-2021 Strategic Priorities
UPDATE - April 2023
Final Draft Priorities 3-19-19 Page 1 of 3
H.3.b
Packet Pg. 193 Attachment: 2020- 2021 Strategic Prioirties Status Update (3077 : Strategic Priorities for Fiscal Year 2023- ID # Category Strategic Priority Responsible
Department(s) Start Date Target Date Staff Allocation Estimated Fiscal Allocation STATUS:
Complete /
Underway / No
Progress /
Added / New
COMMENTS
CITY OF ORINDA
FINAL 2020-2021 Strategic Priorities
UPDATE - April 2023
B.5 Downtown
Formulate new development standards for
downtown area either through
amendments to the zoning code or a
Downtown Specific Plan. General Plan
amendments may also be necessary.
Planning Fall 2019 Dec. 2020
75% Staff Planner
25 % City Attorney's Office
legal / attorney costs.
$150,000 Environmental Review
$200,000 Consultant Costs
$75,000 Legal Costs
$15,000 Staff Overtime Costs
(Specific Plan alternative would cost
substantially more)
Grant funding would likely be
available to cover some of these
costs. The City also has a long range
planning reserve fund. Complete
Downtown Precise Plan approved on January 31, 2023 and now turns to implementation activities.
B.6 Downtown
Investigate feasibility of undergrounding,
consolidating or re-routing high voltage
power lines that traverse downtown
Planning/ PG&E Fall 2019 Fall 2019 Approximately 10-20 hours of staff time
This capital project would be
extremely costly and PG&E is unlikely
to contribute.
The fiscal impact of looking into the
matter would be minimal, assuming
that PG&E has personnel available to
work with Planning staff and to
attend a Council meeting. Complete
A review was undertaken and addressed in the recently adopted Downtown Precise Plan.
B.7 Downtown Complete ConnectOrinda Downtown
Streetscape Master Plan Planning Ongoing September 2019 This work is budgeted for. The
project has required approximately
one FTE to manage the consultants
and the community engagement
process. The work has been split
between several staff members.
$250,000 in consultant costs funded
by CCTA and BART grants
$50,000 City Match, which has been
used to fund optional tasks as well as
some of the City staff time Complete Initial elements including wayfinding completed.
B.8 Downtown
Explore Transit-Oriented Development
(TOD) Opportunities on BART-Controlled
Lands. This would include a discussion with
BART and Caltrans (which owns the BART
station and parking lots) regarding what
type of TOD projects meet their criteria, a
report to the City Council, ideally with a
BART representative present to answer
questions regarding BART's TOD program.
Planning 10/19 12/19 80 hours of staff time Internal Staff Time Underway and
On-Going
The City has had discussion with both BART and CalTrans as part of the Downtown Precise Plan and Housing Element adoption. The City has applied for a $200K grant to pre-plan the BART site for TOD with the support of BART.
C.1 Emergency
Preparedness
Seismic Retrofit of Miner Road and Bear
Creek Road Bridges Public Works Ongoing Construction in Summer 2022 20% of Staff Engineer
Overall construction cost expected
$2.5-$3.0M reimbursed by
federal/state grants. $250,000 Gas
Tax or Return to Source Funds for
local match contributions for
engineering to be included in Capital
Improvement Plan Underway
Bids were received for the work and the contract is set to be awarded April 11, 2023.
C.2 Emergency
Preparedness
Revise Tree Ordinance to reflect best
practices for wildfire prevention and
"defensive space" around habitable
structures.
Planning Summer 2019 Fall 2019 10% of a staff position
Plus legal / attorney costs. Internal Staff Time
Complete
Tree Removal Permit process was revised to reflect fire fuel reduction requirements.
C.3 Emergency
Preparedness
Prune & Remove high fire fuel trees or
ground vegetation (8' from ground) on city
owned property
Parks & Recreation 2019 2025 all internal
$50,000 per year - will be proposed
to be included in CIP or $100,000
split over the Biennial Operating
Budget
Underway and
On-Going
Approval of Measure R allowed the City to address all City parcels in 2021 and will meet or exceed Fire Code requirements each year.
C.4 Emergency
Preparedness
Update Emergency Operations Plan -
routinely every six months; staff training by
8/19; thereafter annually
Police/City Manager Summer 2019 End of 2019 Internal Staff commitment $20,000 for training costs, supplies,
software updates, etc. to be added
2019/2020 Police and Admin
Operating Budgets; possible
assistance from outside consultant Underway and
On-Going
City staff is regularly reviewing emergency preparedness and most recently conducted a training exercise regarding EOC set-up and activation. Measure R has funding allocated for some EOC improvements which are being evaluated. In addition, an Evacuation Analysis was completed as part of the recent Safety Element update.
Final Draft Priorities 3-19-19 Page 2 of 3
H.3.b
Packet Pg. 194 Attachment: 2020- 2021 Strategic Prioirties Status Update (3077 : Strategic Priorities for Fiscal Year 2023- ID # Category Strategic Priority Responsible
Department(s) Start Date Target Date Staff Allocation Estimated Fiscal Allocation STATUS:
Complete /
Underway / No
Progress /
Added / New
COMMENTS
CITY OF ORINDA
FINAL 2020-2021 Strategic Priorities
UPDATE - April 2023
C.5 Emergency
Preparedness
Quarterly coordination meetings -
MOFD/Police/Public Works/Planning staff
level
Police/Public Works Begin Spring 2019 Ongoing Internal Staff commitment No external cost allocation expected. Underway and On-Going
City and Fire District staff have a regular joint staff meeting each month and Emergency Preparedness is one of the standing agenda items.
C.6 Emergency
Preparedness
Community education on emergency
preparedness, gun safety, home security Police/City Manager 4/19 Ongoing Internal Staff commitment $5,000 for materials to be distributed
within community to be added to
Admin Operating Budget
Underway and
On-Going
Measure has allowed for the funding of two positions dedicated and wildfire and emergency preparedness education and outreach. A variety of initiatives are underway.
C.7 Emergency
Preparedness
Identify and Approve a New Rule 20A
Undergrounding District along Arterial or
Collector Road to reduce risk of wildfire
Public Works July 1, 2020 June 30, 2021 25% of new staff engineer Construction by PG&E after 2021 using Rule 20A credits
Complete
Rule 20A funding is being used for an underground district along Camino Pablo at El Toyonal and will exhausted available funding.
Design and implementation is underway by PG&E but with a now 2030 estimated completion date.
D.1 Fiscal Stability
Evaluate revenue opportunities requiring
voter approval (Potential revenues: Local
Sales Tax Extension; General Obligation
Bond; increase the Transient Occupancy
Tax / TOT rate.)
Finance
2019 (Background
education /
workshops and
planning should
begin by summer
2019)
2020 (November
Measure would
need to be acted
on no later than
July / Aug 2020 )
May extend if
waited until 2022
City Management Staff; City Attorney
time to draft any measure. Plus legal
/ attorney costs. This work should
dovetail with efforts to identify
infrastructure / service needs that
require funding
$30,000 estimated for polling
services (consider cost effective
internet polling) to be added to
2019/2020 Admin Operating Budget;
Contract Legal Services beyond
normal appropriation TBD. Financing
alternative would require additional
professional services. Complete
A revenue measure, Measure R, was presented to the voters and approved in November, 2020.
D.2 Fiscal Stability Review of Fees, Charges, Fines and Penalties enacted by the City. Finance Annual
Adoption by City
Council 30-60
days prior to July
1st (Beginning of
new Fiscal Year)
Finance Lead with support from all
Departments
May require Fee Study which will
evaluate full cost accounting
associated with the fee. Partially
Complete
An update of fees and charges occurs each year. A comprehensive updated Fee Study is still desirable.
D.3 Fiscal Stability
Review and update of policies and financial
goals that will support long term fiscal
stability. (Current reserve policy; potential
unplanned events / disasters / uninsured
loss; liabilities - including Retiree Medical /
OPEB; internal service fund policy for major
operating equipment replacement and
repairs).
Finance 2019
Have policies in
place by
12/31/2019 when
CAFR is presented.
Finance Staff Internal Staff Time
Complete
Policies and financial goals have bene updated and are considered as part of each element of the budget and financial cycle.
Final Draft Priorities 3-19-19 Page 3 of 3
H.3.b
Packet Pg. 195 Attachment: 2020- 2021 Strategic Prioirties Status Update (3077 : Strategic Priorities for Fiscal Year 2023- City of Orinda
TEAM BUILDING &
STRATEGIC PLANNING
SESSION REPORT
Completed by the Institute for Local Government
March 2023
H.3.c
Packet Pg. 196 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 2 April 4, 2023
Orinda City Council
22 Orinda Way
Orinda, California 94563
Dear City of Orinda Team:
On behalf of ILG, we appreciate Orinda’s selection of our proposal for your city’s strategic planning and goal setting session on February 25, 2023. We enjoyed meeting with and facilitating the session with your Council and staff team. It was an engaging and inspiring conversation, and we are honored that you put your trust in ILG to help with the important step of strategic planning for Orinda’s future.
As outlined in our initial proposal response, Team ILG provided planning support ahead of the workshop. We administered a city council and staff strategic priorities survey, as well as created a community survey to gauge residents’ vision for the city’s future. We also led interviews with each city council member to learn more about the council’s dynamic and team building opportunities. All these preparation tasks informed how we structured the agenda and facilitation of the session on Feb. 25th. Now that the session is complete, we have summarized key takeaways and resources for the City’s consideration. The following report summarizes the retreat programming, our notes, and additional resources for your Council’s consideration. The report is organized as follows:
• Workshop Notes from Feb. 25th Retreat
• Strategic Priorities & Recommended Goal Language
• Brainstorm Summary (Budget Items & Other Council Suggestions) • Council & Staff Survey Results Summary
• Community Survey Results Summary
• Council Assessment Interviews Summary
• Resources List
• Other ILG Programs, Services & Resources
Orinda is a very special City with a bright future ahead. We hope to work with you again in the future. Please do not hesitate to reach out with any questions or concerns.
Sincerely,
Erica L. Manuel
CEO & Executive Director
H.3.c
Packet Pg. 197 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 3 Workshop Notes
The following notes summarize some of the exercises and discussion from the Feb. 25 retreat.
Brief descriptions of each exercise are embedded below.
Self-Assessment Exercise: Each Councilmember completed a personal assessment worksheet detailing their strengths and areas of potential improvement as a leader. • Council noted the need to be mindful of leadership pitfalls with trying to achieve excellence for the City, but not beating themselves up if they fall short. • New Councilmembers are trying to be engaged and prepared; they are thankful to staff for their help.
• Council is collaborating well with lots of listening. Quote, “five awesome women speaking their minds”
• Orinda has a reputation for civil discourse, even during the pandemic when organizations were experiencing strife. There is lots of respect with the community. The Council sets a positive tone; respect matters and is high in the community. • Council is mindful of how democracy is shifting, and discourse is getting more challenging. The Council takes cues from the Mayor around civil discourse and tonesetting. • It’s important to be open to changing perspectives based on conversations during council meetings.
• Developing clear roles and responsibilities is important. For example, it is not a practice to feature the Council in publications. Each Councilmember has to understand how to represent the city as a representative of the whole Council. • The Council does their homework, is inquisitive, and is working for the best of the community.
Communications Exercise: Councilmembers responded to a series of prompts gauging their communication styles, learning preferences, and personal dynamics. • Councilmembers are collaborative, they prefer phone calls over emails to communicate important information.
• Most are direct communicators and prefer it when they receive feedback in a direct way without “sugar coating.”
• Some variation on whether Councilmembers prefer to give feedback or receive feedback (half/half split).
• Council varied on their preferred work schedules and most productive times, but agreed that they value each other’s time.
• Each Councilmember has different personal and professional commitments and schedules, which impacts their communication preferences and availability.
City Visioning Discussion: The Council and staff were asked “What city would Orinda like to emulate as it plans the next 50 years?” and were led through a group discussion. • Several noted Lafayette because of its strong downtown revitalization. Planning staff noted that Plan Orinda’s website was modelled after Plan Lafayette. • Many wanted to see Orinda’s momentum continue.
• Marin, Montecito, Los Gatos were also mentioned, particularly Marin’s fire safe efforts.
H.3.c
Packet Pg. 198 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 4 • Berkeley: Orinda has similarities to Berkeley, challenges with building, land access, parking. For a long time, there was no new housing in Berkeley. • Redwood City: impressed by their communications, planning (Orinda was inspired by their precise plan).
Visioning Exercise Part 2
The Council was asked the question – “In one word, how would you like to describe Orinda in 50 years?” The word cloud below illustrates the responses. Words presented below in larger fonts were listed more frequently. The group discussed each of these words and expanded on their context in preparation for discussing the strategic priorities and goals.
Strategic Priorities
Through a series of facilitated discussions and small group activities, ILG helped Orinda’s City Council narrow their five top strategic priorities to:
• Economic Development
• Staffing & Technology
• Housing and Downtown Development
• Resilience & Wildfire Preparedness
• City Facilities
The following section includes a summary of the goal-setting discussions and ILG’s recommendations for potential goal language to help the City with the next steps in the strategic planning process. The Council also discussed approaching this work through a lens of diversity, equity, and inclusion (DEI) and support for Orinda schools. While neither of those lenses are H.3.c
Packet Pg. 199 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 5 explicitly articulated in the goals below, ILG agrees that those principles should be part of the City’s process for assessing progress of these goals. It was also noted that a DEI perspective is an important factor when seeking state grant funding, and the Council may consider reviewing these goals to determine alignment with future funding opportunities.
Strategic Priority #1: Economic Development
Draft Goal Statement: Proactively attract and maintain businesses in Orinda’s Downtown area by building relationships with current and future property owners to minimize vacancies and eliminate blight.
Notes/Tactics:
• Consider hiring staff or a securing contract with a retail broker • Liaison should work with City Manager, Planning Director, and business owners, including members of the Chamber of Commerce
• Consider evaluating (in two years) whether there is need for a full-time staff person to achieve these objectives in alignment with the Downtown Precise Plan (DPP) • Consider measuring this goal by tracking the new leases and/or amount of sales tax revenue generated
Strategic Priority #2: Staffing & Technology
Draft Goal Statement (Technology): Evaluate Orinda’s technology needs so City staff can be equipped with the right technological tools to perform efficiently across departments.
Notes/Tactics:
• Hire a technology consultant to assess the City’s hardware, software, and public safety tools (like cameras) and provide associated costs for any necessary upgrades • Conduct a staff survey of current technology and future needs • Ensure the consultant report includes survey results and implementation steps • Consider hiring a GIS specialist or reengaging in regional partnerships to fill this need • Evaluate current IT services and assess if additional capacity/staff is needed Draft Goal Statement (Staffing): Leverage best practices in human resources and employee development to attract and retain high quality City staff to ensure that Orinda maintains exceptional public services and programs.
Notes/Tactics:
• Review compensation and classification system that includes an assessment of current job descriptions, wage/benefit structures, and hiring and retention practices. • Consider updating the City’s human resources practices including but not limited to, wages and benefits, job descriptions, DEIB and compensation standards, based on the compensation and classification review and other research • Consider developing and adopting a compensation strategy • When developing any retention strategies, measure how long staff is currently staying in positions compared to historical trends and other market data •
Strategic Priority #3: Housing and Downtown Development H.3.c
Packet Pg. 200 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 6 Draft Goal Statement: Begin implementation of the Housing Element and Downtown Precise Plan, specifically up-zoning downtown Orinda with a focus on meeting State mandates.
Notes/Tactics:
• Leveraging developer relationships, make progress on 2-3 projects/sites to show momentum
• Assess constraints on BART lot in advance of commuter traffic resuming pre-COVID levels
• Promote mixed-use development to promote economic development • Highlight successes; consider public relations, media outreach, and marketing options to demonstrate progress
Strategic Priority #4: Resilience and Wildfire Preparedness Draft Goal Statement: Employ a collaborative, regional approach to implement wildfire preparedness and resilience goals and advocate for enhanced fire safety resources and funding.
Notes/Tactics:
• Expand (and lead) the regional dialogue about emergency preparedness, wildfire mitigation and adaptation
• Continue to meet and advocate with regional parks and utility organizations • Build and strengthen relationships with Orinda Firewise groups and focus on community safety
• Engage police and others to talk about community safety measures, fire awareness, and evacuation routes
• Continue to enhance relationships with MOFD
Strategic Priority #5: City Facilities and Infrastructure Draft Goal Statement: Continue timely implementation of Capital Improvement Plan Projects, while seeking additional funding for city facility maintenance to address needs in a timely manner.
Notes/Tactics:
• Structure facility maintenance to be as efficient and effective as possible • Consider and incorporate quality aesthetics into public project • Include asset management as part of technology assessment to keep track of facility maintenance/improvements
• Assess and seek funding to repair and maintain city facilities (separate from infrastructure funding for roads and drainage)
• Leverage potential Connect Orinda opportunities
H.3.c
Packet Pg. 201 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 7 Brainstorm Summary (Budget Items and Other Council Suggestions) The following list of project ideas are summarized from our final discussion of the day, which focused on Councilmembers’ policy or project ideas ahead of Orinda’s coming budget discussions.
External priorities:
• EV charging stations, which could be a potential private or public opportunity • Retail priority zone
• Inclusionary housing ordinance
• Incentives for retail
• Consider a coworking space in library/community center to bring adults into community spaces
• Off leash dog park
• Formal ambassador system for community partners
• Bike path from Wilder
• Long-term thinking about on demand shuttles to deal with BART lot capacity • Private facilities: private drainage that is open and is supposed to be maintained by property owner to prevent flooding. Consider assessment districts to address.
Internal priorities:
• Time management of City Council meetings, agenda management strategies and process improvements
• Taking meetings into the community quarterly, potentially holding them at elementary schools. Solicit school district support to publicize meeting with an agenda that ties to school/family issues
• Council and staff participate in implicit bias training annually • Equity-based analysis of personnel practices and customer services to generate positive ideas for implementation
• Having more co-interaction with school district. Potential joint meeting once a year • Conduct proactive community engagement about a public safety priorities and annual report
• Consider proposals for legislative advocacy
• Explore viability of investing in additional public safety staffing resources H.3.c
Packet Pg. 202 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 8 Orinda City Council & Staff Strategic Priorities Survey Results (Notes from written survey of Council and Staff)
1. What are the three things Orinda has done very well in the last year (internally/operationally)?
Council
• Downtown Plan, Safety and Housing Elements
• Fiscal management
• Road maintenance and planning
• Solidified our City Manager being on-board
• Smoothly transitioned our key finance/administrative leadership • Retained our HR leadership and brought on board our new education/outreach person • Better coordination and communication with external partners -- MOFD, a bit with OUSD, and reaching out to EDMUD, etc.
• Wildfire adaptability planning -- developing SSTOC as a knowledgeable and helpful advisory body.
• Responsiveness to working with SSTOC and community members during hiring process for Comm Outreach position
Staff
• Concluded labor negotiations in timely fashion elevating morale. • Responding to impactful unplanned events (Wilder DA default and Cedar Lane). • Manage through significant staffing changes and vacancy issues. • Coordination between depts.
• On-boarded three new Council Members
• Managed shifting approaches to COVID and its impacts
• Gone to a flexible work schedule
• Hosted general staff meetings in person
• Hired more staff
• Conduct Stay Interviews to try to retain staff. Offer flexibility in work schedules (9/80 transition).
• Utilizing on-call consultants efficiently to support staff with workload and project delivery. • Showed resiliency to external negative circumstances (flooding, Wilder, economic changes, recruitment due to turnover).
• Efficiency
• Fiscally conservative
2. What are the three things Orinda has done very well in the last year (externally/for the community)?
Council
• Good communications, both general and responsive to people • Road maintenance - high impact and highly visible
• Landslide response in Jan. was great
• Passing the Downtown Precise Plan & Housing & Safety Elements • Continued our infrastructure repair and upgrade program H.3.c
Packet Pg. 203 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 9 • Initiated our commission for our Measure R monies and taken some positive steps toward implementation
• Increased our communications with the community
• Greater presence on social media. Could still significantly improve, but we have a good foundation on which to build.
• Hiring position to outwardly engage with the community/ residents (i.e., Community Outreach Coordinator). Great potential which now needs to be realized. • Coordinated Plan Orinda: DPP/ Safety Element/ Housing Element--all of it. Doing this in a comprehensive and coordinated fashion makes sense. The pieces themselves need improvements and may be works in progress (especially the Housing Element), but the fact that this was all coordinated was an excellent endeavor.
Staff
• Public outreach and engagement on the Plan Orinda Effort (Housing Element and Downtown Precise Plan) was outstanding.
• Began developing and implementing impactful Measure R programs. • Continued to produce a significant amount of Capital Improvement projects to strengthen the infrastructure, including Roadways (2nd best pavement rating in Bay Area) and Storm Drain facilities.
• emergency response (winter storms), pavement maintenance on public roads • Advanced Wildfire Prevention & Emergency Preparedness • Timely Completed Housing Element, Safety Element, and Downtown Precise Plan • Gridded Chipper Program
• Red Flag Days
• Bringing a Downtown Plan so that more housing and services can eventually be made available. Improved Communications to the Public.
• PW delivered multiple CIP projects even with reduced staff • Paving projects delivered as planned and increased PCI to 85 (Second best in entire Bay Area)
• PW staff handled issues that came up during the storm events effectively, with minimal resources.
• Opened up recreation programming to pre-pandemic levels (plus) • Public transparency/meetings
3. What are Orinda’s greatest strengths? List as many as you wish.
Council
• Friendly, safe, tight-knit community
• Beautiful and embraces nature/outdoors
• People really give their time and money in so many ways to make it better (city, schools, nonprofit and interest groups, youth program)
• Volunteer culture
• Volunteerism and willingness for exceptional residents to provide community service and donations
• Common community goals
• Fiscal conservatism/responsibility
• Size and type of community results in us not being faced with some of the biggest societal problems such as homelessness; poverty; crime; etc.
H.3.c
Packet Pg. 204 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 10 • Location: close proximity to urban cultural centers, desirable job opportunities, and easy BART access.
• Schools! Excellent public schools that are essentially subsidized by relatively affluent families (donations & in-kind volunteering) = fantastic learning experiences, especially for young children.
Staff
• Excellent organization leadership, both from elected officials and management. • A highly skilled, motivated workforce that is dedicated to providing superior customer service and quality programs.
• An engaged community that isn't shy about giving input and feedback. • safe area, functional government, community involvement on council, commissions, etc. • A track record of working well with partner agencies and organizations in order to deliver coordinated, intelligent solutions for the community.
• Small but dedicated City staff
• Active and engaged non-profits and community groups
• Location and access to BART
• Dedicated and active Council Members
• Excellent Schools
• Community Involvement
• Educated, affluent Community
• The beauty of the environment around us.
• The community has great volunteers and volunteer organizations. • CM is willing to devote resources where needed
• Excellent facilities
• Diverse programs and offerings
4. What are the three things you know Orinda needs to improve on (internally/operationally)?
Council
• Raising money from state and other sources - we always seem to get underfunded and have to tax ourselves or raise contributions for basic things like roads and schools. • Transportation/Parking planning - when we have a space crunch, we'll be too late • Council meeting efficiency
• The organizational responsibilities/interface between public works and parks and rec • Delivering key projects/problem resolution more timely • Getting our Council aligned and up to speed on goals for 2023/24 • Access DEI of existing staff and develop plan to integrate DEI efforts into our staff. • Internal metrics to better access programming--how are we measuring results? • Long term strategic planning in all aspects.
• Interest in exploring participatory budgeting; greater transparency. • How to engage residents more and interest them more in City happenings? Should we hold quarterly town halls or Council meetings at our four elementary schools? • Better coordination and communication with MOFD, OUSD, and AUHSD. Sometimes it feels like left and right hands are not clapping at the same speed.
Staff
H.3.c
Packet Pg. 205 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 11 • Need to continue identifying and implementing technology solutions and tools to leverage the effectiveness of our relatively small workforce. • Develop and implement policies and procedures aimed at attracting and retaining talented employees given our organization's unique characteristics and constraints. • Be more open to innovation and change.
• Address facility/space maintenance needs better Managing competing demands with limited resources
• Approach to facilities and public works maintenance
• Employee recruitment and retention
• It needs to conduct a salary survey across the board and to retain long-term employees.
It should offer Social Security and increase its dental benefits. • Hiring staff in a competitive environment
• Better mentorship, better efficiencies, new permit tracking system • Ensure appropriate staffing structure
• Increased technology would help increase efficiency with small staff. • Better documentation of duties (i.e., Standard Operating Procedures) • Finding time & resources to complete things on the "to do" list
5. What are the three things you know Orinda needs to improve on (externally/for the community)?
Council
• Downtown is so neglected - absentee owners letting it just die • Retail is dying - people are really starting to talk about it • Downtown business development
• MOFD relationship
• Friends of Orinda Creeks relationship
• Even more improvement in communication and letting residents know what is going well and what the City is doing that is positive
• Enticing more people to participate in fire prevention efforts • Higher political profile with partners and in ways that will bring more resources to Orinda • Emergency preparedness, wildfire adaptability--we are only just getting started! • Plan Orinda & the DPP--we have some great plans--how will we break ground on great projects and when? How to actually engage and attract developers to build what we want to see downtown?
• Housing element--how are we going to get HCD approval and how can we improve so that we are building housing (esp. regarding the affordable housing) that is actually desirable for not just the community, but also, of course, for the residents of that housing?
• The City needs to do better about communication with ALL residents. Outlook and email are now obsolete for certain demographics. Social media posts are improving but tend to be dull and boring. We need more engaging communications; staff should forge and nurture connections within the community. Too many residents surprised or unaware of City actions.
Staff
• Innovative Infrastructure/Facilities management- Infrastructure maintenance and replacement costs are the single biggest financial liability the City faces. If not properly H.3.c
Packet Pg. 206 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 12 maintained, items without a dedicated funding source, like Facilities (city hall, library, Community Center, Art & Garden Center), can quickly turn from asset to liability. • Good communication is the foundation of positive relationships. Although a lot of improvement has occurred over the past year, the City needs to continue improving its communications with the community.
• Economic Development- attracting and/or managing commercial growth and fostering an environment conducive to improving the local economy.
• provide more outreach to real estate professionals re private drainage and road responsibilities (for buyers); attract more retail business • Engagement on infrastructure needs (roads (private vs. public) and storm drains • Wildfire Prevention and Emergency Preparedness
• Downtown Revitalization
• Communication with the public.
• Start working on an Economic Development Incentive Plan to bring more businesses to town.
• Traffic signals
• Better strategies for coping with difficult people, social media for issues other than wildfire prevention, better maintenance and beautification of public areas • Development of 25 Orinda Way
• Renovation of Orinda Community Park
• Technology (better efficiencies), Technology for public meetings • Outreach in areas of concern
6. What are the biggest policy challenges facing Orinda right now? Council
Staff
0 1 2 3 4 5 6
Infrastructure
Housing Development
Environmental Resiliency
Econ. Development
Community Engagement
What are the biggest policy challenges facing Orinda right now? (Council Responses)
Council
H.3.c
Packet Pg. 207 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 13 Additional comments:
- For Orinda, I would list Wildfire Adaptability & Emergency Preparedness as #1, and would list Downtown Vibrancy as #2 (which combines economic dev and housing), and list Instilling Equity and DEI in our Culture as #3.
- Wildfire Prevention & Emergency Preparedness
- More IT improvements to help us operate more efficiently
7. What are the biggest operational challenges facing Orinda right now? Council
Staff
0 1 2 3 4 5 6 7 8 9
Wildfire Prevention
Public Health
Law & Order
IT Improvements
Infrastructure
Housing Development
Environmental Resiliency
Econ. Development
Community Engagement
What are the biggest policy challenges facing Orinda right now? (Staff Responses)
Staff
0 1 2 3 4
Staff/elected onboarding
Staff capacity
Meeting revenue projections
City facilities/physical space
Attracting qualified staff
What are the biggest operational challenges facing Orinda right now? (Council Responses)
Council
H.3.c
Packet Pg. 208 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 14 Additional comments:
- Cultural issues including increasing transparency and communication with residents; city staff engaging with residents in a mutually beneficial way; integrating DEI throughout the city's operational structure.
- Permit Tracking
- Organization culture ranks highly
- Technology Improvement
8. What external factors concern you most?
Council
Staff
0 1 2 3 4 5 6 7 8 9
Staff retention
Permit tracking
Communication
Attracting qualified staff
What are the biggest operational challenges facing Orinda right now? (Staff Responses)
Staff
0 1 2 3 4 5 6
Communication
Global Health Crises
Inflation
Political Polarization
What external factor(s) concern you the most?
(Council Responses)
Council
H.3.c
Packet Pg. 209 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 15 Additional comments:
- Lack of middle-income & affordable housing, and potential for greater unhoused; structural racism and bias; economic recession.
- Lack of civil discourse
- Compensation parity
- Continued impacts of COVID
- State of California mandates/legislation that increasingly takes away local control
9. Anything else to share?
• The meetings go too long. Meetings could start at 6 p.m. People are working from home so much more and not commuting. An effort could also be made to estimate the time for agenda items and limit the agenda so it does not extend beyond a reasonable time (e.g., two hours). We could discuss other ways to limit the time spent on certain items such as proclamations.
• I would like to see Orinda take a higher profile in state politics -- retain resources in this area and make this much more of a priority for our benefit I would also like us to take a more direct approach in deciding whether we want to try to solve some longstanding community issues -- items that just linger and linger but don't get resolved or even agreed to not resolve
0 1 2 3 4 5 6 7
Supply Chain
Political Polarization
Lack of Civil Discourse
Inflation
Global Health Crises
Foreign Conflicts
Compensation Parity
Community Harmony
Communication
What external factor(s) concern you the most?
(Staff Responses)
Staff
H.3.c
Packet Pg. 210 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 16 Orinda Community Priorities Survey Results
Total Respondents: 58
What are the three things the City of Orinda has done very well in the last year? • Adopted a downtown redevelopment plan that includes housing. • Fuel reduction efforts, (more effort needed on north Orinda fuel break) some street repair.
• Emergency preparedness; Fire abatement; Police & Sheriff crime prevention / enforcement
• Kept downtown clean.
• Not sure about this one, although building the library way back when was an excellent accomplishment.
• Utilities repair and maintenance. Security and safety. Social media communication. • Dealt with the pandemic; continued to maintain streets; done a lot of planning for downtown and the housing element.
• Farmers market
• Fire risk clean up 2. Creek clean up
• Keep city clean, encourage more options for restaurants, safety • New Police Chief, July 4th parade, New City council members • Chipper program 2. Progress on creek day lighting 3. Moving forward with approval of senior housing at church
• Education quality for students
• July 4th Parade, Thursday Food Trucks, class at the community center for kids. • Communications, planning dept approved our plans
o Not increased # of housing units — yet B. Left things mostly as they are • Schools appear to be doing well. Safety other than some incidents is doing well. July 4th parade was fun.
• brought the community center back to life with classes for all ages. Kept crime at bay. • Love the downtown banners, one way evac option on Miner Rd and downtown planning work.
• Streets, schools, July 4th
• Good communication on the Downtown Plan. Very responsive to storm related issues.
Staff very professional.
• Community alerts. Fire safety (specifically chipping program where you put branch bundles by the street and they come by w chipper) Ballot boxes at city hall! • Orinda youth sports! All things sleepy hollow elementary. Keeping streets clean and cleared during and after storms
• Cannot name anything. EBMud work a disaster. Untimely, over budget and road is left in a dangerous condition and also destructive to automobiles.
What are Orinda’s greatest strengths? List as many as you wish. • Natural beauty, quality schools, proximity to San Francisco and Walnut Creek, • A City Council committed to downtown revitalization
• Community volunteers, schools
H.3.c
Packet Pg. 211 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 17 • Beautiful area to live in that needs to be maintained which means no infill of housing to scar the environment permanently ; good schools; committed and dedicated community volunteers.
• Rural feel, not crowded downtown like Lafayette and Walnut Creek, safety (crime), proximity to the city and BART. There are many things about Orinda that are special and sets it apart from other towns in the area. It's originality although it appears the city government wants to spoil that and make air some thing that it's not. • Location with easy access elsewhere via Hwy 24 and Bart. Small town feel. Open, undeveloped spaces.
• Schools, weather, proximity to hiking, Library, Mash gas station, Tru Value, Peet’s • Small community; small town feel, Safety, Friendly Right amount of restaurants (otherwise downtown would be too congested and parking could become an issue) • Involved citizens and volunteers (not as many as we need, though); location (close to SF, Walnut Creek and Oakland, BART station); natural beauty. • Committed residents; fiscal responsibility
• Education quality for students
• -Fiscally responsible- no pension debt - City Council and staff responsive to residents needs
• Family oriented.
• Rural community schools community churches community parks & recreation programs
• Schools, Community Resources (e.g., library, park & rec) • Weather, neighborhoods, close to shopping & work, relatively less congestion than adjacent cities
What are the three things Orinda needs to improve on?
• Add downtown housing, better downtown commercial, more community events • economic development, engagement with downtown property owners, storm drainage • Communications about fire/earthquake evacuation routes, fire prevention. PG&E accountability to our community (flyovers, grid threats, upgrades, etc). • creating infrastructures such as bike path, parks, trails, improving the downtown local businesses
• Community relations; work with OCC and get lake cascade fixed and back to previous fill levels.
• Fight the housing infill. Fly over CA and you will see that there is plenty of land for housing without infilling cities and towns and ruining them. The Council needs to represent the needs and desires of its citizens and not outside criteria that spoils the city.
Be more transparent, accountable and careful with general fund monies. • Repair roads and address the private road issue. It's time to stop ignoring this issue and stop ignoring fire issues and the impact of climate change. I would think this would be priority one unless the city government are climate deniers. • Tree removal. Flood prevention. Electric vehicle charging. • Theater Sq vacancies, making everyone clean up their biomass (absolutely MUST enforce fire mitigation, and either bill/fine/shame the resident who does not do it). The excess vegetation in Orinda is a humongous problem, and there are too many homeowners who get away with not maintaining their property.
H.3.c
Packet Pg. 212 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 18 • Providing more choices for Internet Cable Electricity • It's time to get back to public meetings - the time for zoom meetings should be over. Do something about All the empty buildings on both sides of town. Have owners either reuse or demolish and build townhouses, condos. Local residents who would like to downsize here- there are no offerings- Don't count million dollar plus units in Lafayette feasible for most seniors. Do not let any new building built with store space. Housing only. We have too much empty businesses for over 20 years. Figuring out how to coordinate with agencies doing road work. It is a constant rip up and minor fixes - whether it's cccsd, pge or ebmud, or city of Orinda-it appears no one can coordinate anything.
• Traffic, especially school traffic; lack of vitality downtown; loss of sales tax from residents shopping elsewhere.
• ------- motorcycle-friendly parking on corners to improve sight-lines for turning cars . . . • Honoring its legal commitment that Oak Road is a city road, undergrounding high voltage power lines, creating more fire breaks
• Improve facilities at Orinda Community Park, additional restaurant options, roads • I live on a hill and drive up Spring Road to get home. There are 3 tight turns in that road and when they were repaved the centerline striping was not done, but it should be. Here is why, last night I followed someone driving down the road and it was obvious they were not familiar with the road and at the turn veered widely outside almost colliding with an approaching vehicle. Without centerlines to guide a driver at night, it is dangerous to all. • city alerts/police communication re roads closures, etc. (I receive Moraga & Lafayette alerts for an Orinda issue days to hours before if ever receiving one from Orinda); 2) parking; 3) commercial buildings/structures are empty and derelict. (embarrassing that nothing has changed over the 10+ years we've lived here); 4) traffic - only having Moraga Way as a thoroughfare is getting worse - no improvement despite increased housing developments; access to EB freeway is a problem as the theater side becomes more frequented.
• Re-institute term limits on Planning Commissioners so that the commission reflects a diversity of opinions and input. Without term limits commissioners inevitably establish a "status quo" of sorts and can become a bit lazy.
• Filling the decades empty Phair’s location. Developing a safe walking path around the Lake Force Bart to better police and care for their property. o Transparency in city business actions 2. Code Inforcement - Seriously. I filed a complaint in March and planning department did not contact me until August.
Shameful. 3. City safety 4. Why are we funding a special election for schools with parcel tax Z?
• diversity
• Truth and transparency: Where are taxes going? Keep seeing new local measures but they do not fund what was stated. 2) Fire mitigation - increase efforts. 3) Start adding nice high-density housing... near BART to reduce additional traffic on narrow roads, with parking Permits to Orinda residents.
- need to repair/upgrade drainage
• The city is not as receptive as they should be to residents' concerns and suggestions about certain development issues. They pretend to be, but actually ignore them.
H.3.c
Packet Pg. 213 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 19 Add cameras to deter crime, especially at traffic ”hubs” B. Increase crime prevention, e.g. again promote “Neighborhood Watch” signs, activities. C • Both sides of the BART station could be improved. There seems to be endless studies and reports trying to fulfill mandates without a clear vision of what Orinda should look like given what the mandates and how our future town will meet those mandates and drive a small town community culture with a global vision for inclusiveness. • Clean energy and electrification. Make Marin Clean Energy an option for residents, adopt REACH codes for existing and new buildings. Economic development, especially downtown areas.
• Attracting another grocery store, perhaps sourcing from the farmers market so we have local produce available all week Creek area in the village square park could be spruced up a little Continue to keep an eye on stragglers in the village square- I have seen one or two folks with open drugs near the fountain • Safety of homes and citizens. Almost never observe a police car patrolling neighborhood as a deterrent to crime—instead police cars hide and sit near stop signs to cite citizens for a incomplete total stop. Roads. Building permit enforcement. People free to make additions because city will do nothing.
H.3.c
Packet Pg. 214 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 20 H.3.c
Packet Pg. 215 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 21 Orinda City Council Assessment Interviews Summary
(Notes from phone/video interviews)
1. How would you describe excellence in governance? What does that look like to you?
• Excellence would be a government that is led by people with integrity, common sense, surrounded by experts outside their priority issue areas, people who are good at listening, people who can handle public criticism
• Accountability, transparency with press and the public, accountability to staff. • Fiscal responsibility, staying on budget and keeping the organization strong • Respect for staff and colleagues, as well as the public • Council must use direct voice and provide direction to city manager and staff, understanding the importance of hiring qualified staff to help move forward policy • True engagement and consistently striving for reasonable improvement • Diversity of perspective, ability to collaborate, to speak freely, and really hear each other. Strives to be representative of constituency – diverse (geography, lived experience, race, etc.)
• Maintaining a good rapport with council and staff, and keeping up the collaborative culture the city has
2. How would you describe your role as a Council Member? • When the city council holds meetings, the council leadership is educated by the perspectives of the city council and is informed by their input. • Helps promote the respectful environment and procedural norms around the Brown Act, titles, etc. Also respects that the city staff work for the city manager. Thinks that some staff are open to direct communication
• Council should uniquely contribute a different lived experience. All members have different professional backgrounds and knowledge bases. • Some councilmembers want to be more visionary, less reactive • City councilmembers are responsible for asking questions of staff, getting full information. Rely on staff but ask tough questions
• Noted how city reacts in emergency situations important. Residents need to know that care, not overstepping but listening to the community • Some councilmembers expressed capacity challenges with the volunteer nature of the role. But they hope to lean into their community engagement history and build more relationships
• Members are invested in community engagement, want to remain responsive
3. What would you say has been a success for the Council and the city? • Recent passage of Orinda housing element and infill plan (Plan Orinda), 2300 housing units in downtown, local serving retail
• Build on the success of the housing and downtown plan and aim to have several projects break ground as soon as possible
• Maintaining fiscal accountability, passed general tax measure a couple years ago to provide the city more resources for fire mitigation and public safety • Council has done a good job of organic waste and recycling, handling waste • Orinda city hall has implemented sustainability measures, received awards for efficiency
• Road repair and infrastructure plan, improving road quality and drainage H.3.c
Packet Pg. 216 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 22 • Improving fire mitigation and prevention awareness, improving relationship with fire protection district
• Maintaining the volunteer community and culture of Orinda
4. From your perspective, where/how is the Council working well together? How could you perform at an even higher level?
• New councilmembers have great first impressions about the council dynamics • New members each bring lots of experience to the council, but anticipate a transition period as members get up to speed
• Some don’t like Zoom city council meetings, looking forward to in person council meetings to build connection
• Several new members look forward to more opportunities to connect (especially in person)
• May need to navigate different communication styles between council and staff • Transparency is important to the community, and the council may have more opportunities to promote transparency. Want to explore what options are on the table without adding workload to staff
5. What do you see as a major challenge (specifically related to governance or operations) for the Council that you would like to see addressed? • Small city, so there are limited resources for pet projects. Orinda is mainly property tax funded and is limited by prop 13
• Challenges with police and animal control response
• Orinda is not a part of CalPERS, could lead to staff retention challenges • More communication, accounting for varied communications styles • Internal relations with the Measure R oversight commission • Relationship with the fire district
• Wants to be perceived as more engaging and accessible to public • Navigating the transition back to in-person meetings and work • Evolving as Orinda becomes a more diverse city with a broader spectrum of needs to address
Policy Challenges
o One year vs three-year zoning period for the housing element o Inclusionary housing ordinance and parking requirements o Downtown plan implementation, ordinances and figuring out to mobilize private sector to support the planning efforts
6. Any other notes:
• Some councilmembers are concerned with the length and efficiency of meetings • Some members are interested in promoting and engaging with additional DEI initiatives, projects, or community opportunities
o I.e., implicit bias training, etc. Using DEI lens in staff and hiring • Several councilmembers are looking forward to entering a new era for the council, specifically looking for opportunities to “blue sky think” about the future H.3.c
Packet Pg. 217 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 23 Resources List
Below are some resources that Orinda may find useful in the context of the workshop. We have included items related to Leadership, Governance, Equity, Public Engagement, and Sustainability.
League of California Cities
• Education, Conferences & Events
• Misc. Written Resources
• Western City Magazine
• Advancing Equity
Institute for Local Government
• Leadership Resources for Elected Officials
• Ethics & Transparency Resources
• Public Engagement Resources
• Sample Codes of Conduct, Civility & Governance Handbooks • On-Demand Webinars & Training for Local Governments
• Cultural Intelligence Webinar Series
• Climate & Sustainability Resources
International City/County Management Association (ICMA) • Leadership Resources (including Practices for Effective Local Government Leadership, Leadership Before, During and After a Crisis, Leadership in Government, etc.) • Diversity, Equity & Inclusion Resources
About ILG’s Other Services
The Institute for Local Government (ILG) is a nonprofit organization that has served and supported California’s local government leaders for over 65 years. We are committed to empowering and educating public servants by delivering real-world expertise that helps them navigate complex issues, increase their capacity, and build trust in their communities. Together, we work hand-in-hand with local agency staff and elected officials to build a strong foundation of good government at the local level, centered on trust, accountability, responsiveness, and transparency.
In addition to our Leadership & Governance work, we have three additional pillars of work including Public Engagement, Sustainability & Resilient Communities, and Workforce Development & Civics Education.
For Public Engagement, ILG can help build the capacity of your agency to advance equity and public engagement through peer learning and collaboration, training, coaching, technical assistance, and facilitation. ILG’s public engagement services include:
• TIERS Workshops (Virtual & In-Person for Individuals and Teams) • Customized Public Engagement Training
• Strategic Planning & Consultation
H.3.c
Packet Pg. 218 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) 24 • Meeting & Committee Facilitation
• Convenings & Stakeholder Engagement
Work done through ILG’s Sustainable & Resilient Communities pillar provides local leaders with capacity building services, technical support, partnership development, and educational resources to make informed policies, plans, and decisions around climate planning, land use, housing, infrastructure, and engagement that results in more equitable, sustainable, and resilient communities. If your agency decides to join our free Beacon program, ILG offers yearround resources and technical support to assist Beacon participants in their journey, including:
• Technical assistance with collecting, reporting, and tracking best practices, energy savings, and greenhouse gas emission reductions
• Opportunities for award recognition
• Access to peer-to-peer networking and educational events, including webinars, conference sessions, and informal information exchanges • Invitations to showcase climate leadership and agency achievements to a statewide audience
Finally, ILG’s Workforce Development & Civics Education pillar demystifies what local government is, why it matters, and how to effectively serve or lead in cities, counties, and special districts. In addition to educating students and the general public on the purpose of local government and how to get involved though civic engagement and robust youth workforce programs, ILG also assists agencies with filling the workforce pipeline with diverse and qualified applicants.
ILG can support your local agency’s workforce and civic education goals through a wide range of virtual and in-person services. ILG maintains an online suite of materials and resources and offers in-person trainings and project-support to grow your workforce development program through apprenticeships, youth engagement, partnership development, and next generation outreach.
For more information, visit www.ca-ilg.org or email Erica Manuel at [email protected].
H.3.c
Packet Pg. 219 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) City Council
Staff Report
Agenda Item: H.4
Date: April 11, 2023
Department: Administration
AGENDA TITLE: Hybrid Meetings Implementation Options
RECOMMENDATION:
Commence Offering a Hybrid Option for City Council Meetings starting May 2, 2023, and Planning Commission starting June 2023
BACKGROUND: The City’s Brown Act bodies, of which there are eighteen (18), returned to an in-person format as of March 2023, with the expiration of the State’s COVID emergency and the recission of the Governor’s Executive Order. On February 21, 2023, the City Council discussed the return to in-person meetings and how that transition would work. The staff report from that meeting is provided in Attachment A.
The City Council has resumed meeting in the Library Auditorium, as has the Planning Commission, where they had met prior to COVID. Other bodies are now meeting in person in several different venues. The return to the Library Auditorium for the Council has not been without some technological challenges, but perseverance by staff and our consultants has made that appear seamless. We have already implemented some technological alternatives and transitioned to a broadcast vehicle that will allow us, with additional set-up steps for each meeting, to allow public participation via a hybrid option.
It is now recommended that we transition the City Council to a hybrid format as of the first meeting in May to allow agendas and other documentation to be updated to reflect the hybrid option. It is suggested that the City Council meetings be the only meetings conducted with a hybrid option for the first 30 to 60 days after introduction to ensure all is working well. Thereafter, it is recommended that we transition to a hybrid format for the Planning Commission as the only other body that conducts public hearings as they serve in a quasi-judicial capacity.
Broadening the number of bodies that utilize a hybrid option would result in additional cost and staff time and it is not recommended at this time.
NEXT STEPS: With the Council’s concurrence, we will launch a hybrid option for the City Council as of May 2, 2023. We will then evaluate how the hybrid option is impacting set-up and staffing needs during the trial period for the City Council, and that will continue after we expand the trial to the Planning Commission, and if needed staff will return to the City Council with an evaluation and assessment of what may be required to continue to offer a hybrid option.
ATTACHMENTS:
H.4
Packet Pg. 220
A. City Council Report - Tuesday, February 21, 2023
Respectfully Submitted by:
David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:
H.4
Packet Pg. 221
City Council
Staff Report
Agenda Item: H.2
Date: February 21, 2023
Department: Administration
AGENDA TITLE: Discussion and Direction Regarding Options and Policies for Future In-Person and Hybrid Meetings of the City’s Brown Act Bodies RECOMMENDATION:
Staff recommends the Council discuss the full range of options and policies for future meetings of the City’s Brown Act bodies (in-person and hybrid). Staff also recommends the Council ask any questions they may have regarding the Brown Act’s teleconference rules (as amended by AB 2449) and discuss their use and implications.
BACKGROUND:
In March, 2020, in response to the COVID-19 Pandemic, the City’s Brown Act Bodies began meeting via Zoom/teleconference only to provide for safely conducting City business.
Prior to COVID, the meetings were held in person in various City rooms and locations.
Only the City Council and Planning Commission meetings were live-streamed.
Members of the City Council infrequently attended meetings via a telephonic device, as permitted under the Brown Act.
Effective February 28, 2023, the Governor has indicated that the COVID State of Emergency will end and therefore the ability to meet by teleconference only will also end.
At their City Council Meeting of January 17, 2023, the Council began their discussions of returning to in-person meetings in alignment with the end of the State of Emergency.
On February 7, 2023, the City Council extended authorization for continued use of remote teleconferencing to February 24, 2023, under Resolution No. 42-21, in anticipation of a return to in-person meetings beginning with the Council’s February 25 strategic planning workshop. On February 21, 2023, the City will consider terminating the City’s own declared COVID State of Emergency.
DISCUSSION:
With the end of the State and local COVID emergencies, and the inability to continue fully remote meetings, the City’s Brown Act bodies will return to in-person meetings effective February 25, 2023.
Given timing, technology constraints, and staffing needs, for an initial period, meetings will return to an in-person format only as we shared with the City Council in January.
Initially, the Council and Planning Commission would return to the pre-COVID meeting approach (in-person in the Library Auditorium with real-time video webcast and no H.2
Packet Pg. 120
H.4.a
Packet Pg. 222 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) virtual participation option for the public). The City Council did indicate that staff should explore opportunities to offer a hybrid format and we have continued to do so. The City Clerk and other staff have been reviewing a number of technologies, including testing some, consulting with other agencies, and evaluating options. The purpose of this staff report is to update the City Council and narrow the options in order for staff to advance a hybrid option for implementation sooner rather than later as a pilot project if that is the desire of the City Council.
There are several options to consider and decisions to be made. The first is whether to provide the option of teleconferencing in addition to the in-person meeting and if so when that option should begin. Other things to discuss are which bodies to provide a teleconference option, if any, in-person COVID protocols, and whether Council or other bodies should be given the option to take advantage of AB 2449 teleconferencing flexibility. Please see attached detailed analysis provided by the City Attorney.
Staff’s suggestions to guide the Council’s discussion:
1. Public attendance via Zoom at Council meetings: Does the Council want to incur the additional expense involved in providing members of the public with the option to attend and participate in Council meetings virtually (via Zoom) in the future?
a. If yes, Staff will work to provide a means to continue using the Zoom webinar format, with Council and staff generally appearing in-person from a single location and the public having the option to attend in person or via Zoom.
b. If yes, what should the in-person venue be (Library Auditorium or Sarge)? The Fire District has successfully trialed hybrid meeting capability in the Sarge Room and that model would be the easiest to implement on a pilot basis for the City. As such, staff would recommend an initial transition to the Sarge Room for City Council once the technology and other resources are available. In the event of an agenda topic for which we would anticipate a larger level of public participation in-person, we could move select Council meetings to the Library Auditorium with live stream, but no hybrid format/Zoom option.
2. Public attendance via Zoom at other meetings: Does the Council want to incur the additional expense involved in providing members of the public with the option to attend and participate in other City Brown Act meetings (there are approximately 30 Brown Act bodies) virtually (via Zoom)? a. If yes, which City meetings should be covered (e.g., all/some commission meetings, all/some Council subcommittee meetings, etc.) b. If no, would the Council like to return to the pre-COVID meeting approach (in-person meetings, real-time video webcast for Planning Commission only and no virtual participation option for the public)? H.2
Packet Pg. 121
H.4.a
Packet Pg. 223 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) As part of any pilot, initially, staff recommends that only Planning Commission meetings be transitioned to a hybrid format, once available, and in the Sarge Room. If a high level of public participation in-person is expected at a Planning Commission meeting, it would move to the Library Auditorium with a live stream, but no hybrid format/Zoom option. Offering the hybrid option for only Planning Commission meetings at this time would allow for the further evaluation of the ability and costs to add other select bodies to the hybrid option over time.
3. Public health measures for in-person meetings: What (if any) public health measures should apply for attendees at in-person meetings (e.g., social distancing, masking, voluntary sign-in sheet). Note: The City Manager would decide whether members of staff and consultants would be allowed to attend virtually, to the extent Zoom participation is possible.
Staff recommends that voluntary masking and sign-in be encouraged but not required.
4. Council attendance via Zoom per AB 2449: If the Council decides (see question 1) to incur the additional expense involved in providing members of the public with the option to attend Council meetings virtually, do Council members anticipate attending via Zoom per the flexibility allowed under AB 2449? a. If yes, Staff will develop systems and procedures to address the associated complexities.
b. If no, should staff bring forward an update to the Council’s Policies & Procedures Manual to discourage/prohibit Council member teleconference attendance under AB 2449?
Staff does not recommend that Council use the option of attending by teleconference at this time, due to logistics and time involved in tracking, etc. This could be revisited in the future.
5. Appointed officials’ attendance via Zoom per AB 2449: To the extent the Council decides (see question 2) to incur the additional expense involved in providing members of the public with the option to attend other City Brown Act meetings virtually, should the appointed members of those Brown Act bodies be allowed to attend meetings via Zoom to the extent allowed under the Brown Act (as amended by AB 2449)?
a. If Council decides yes, Staff will develop systems and procedures to address the associated complexities.
b. If the Council decides no, we will return to the Council with a policy statement or other vehicle to prohibit teleconference attendance for other Brown Act bodies.
Staff does not recommend that Council use the option of attending by teleconference at this time, due to logistics and time involved in tracking, etc. This could be revisited in the future.
H.2
Packet Pg. 122
H.4.a
Packet Pg. 224 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) NEXT STEPS:
Once staff receives Council direction, they will begin to implement whatever is decided.
FISCAL IMPACT:
If hybrid options are desired, there will be hourly costs for staff/consultants to set up and monitor the hybrid systems. The staff has discussed with outside consultants who provide these services and are awaiting more refined estimates and/or hourly costs.
However, at minimum, it is estimated that the on-going cost per meeting of the City Council and Planning Commission for this assistance will be up to $600 per meeting or up to $28,000 a year for City Council and Planning Commission meetings only. In addition, there will be some cost to secure and install equipment and make other modifications to accommodate a hybrid format.
ATTACHMENTS:
A. AB 2449 (teleconferencing)
Respectfully Submitted by:
David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:
H.2
Packet Pg. 123
H.4.a
Packet Pg. 225 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) AB 2448/Teleconferencing Rules
Effective January 1, 2023, Assembly Bill 2449 (“AB 2449”) amends and supplements Government Code section 54953 of the Ralph M. Brown Act in a way that provides some additional flexibility for Council members and other officials to participate in meetings via teleconference, but also involves substantial complexity and some uncertainty. This item has been placed on the agenda to update the Council about this new law and to provide an opportunity for the Council to discuss, ask questions, and provide any direction regarding how AB 2449 may be relevant to Council meetings.
The Key Brown Act teleconference provisions (as amended by AB2449) are provided/highlighted in Attachment 1.
What are the options if a Council member wants or needs to teleconference? With the changes to the Brown Act under AB 2449, there are currently three distinct possible options for a member to participate in meetings virtually:
1. “The Usual” option under Section 54953(b): This is the teleconferencing option that has historically been available; it requires the Council member to post a hard copy of the agenda at their remote location and allow the public to physically attend the meeting at that location (e.g., home, office, or hotel room). This option does not have a sunset; it is planned to still be available after 2025.
2. “The Covid Emergency” option under Section 54953(e): This approach has been used by all Council members during the Covid emergency and involved making certain monthly findings (sometimes called “AB 361 findings”) regarding the state of emergency and its impact on the ability to safely meet, and/or the continued imposition or recommendation of measures to promote social distancing. This option is not likely to be relevant after February 24, 2023 because the Council has stopped making AB 361 findings as of that date. This option is currently scheduled to sunset from the Brown Act at the end of 2023.
3. “The Just Cause or Personal Emergency” option under Section 54953(f): This is a new option added to the Brown Act by AB 2449. It provides two distinct bases for a Council member to attend virtually: (i) for Just Cause, or (ii) for a Personal Emergency. The legislation provides somewhat complicated criteria that must be satisfied, procedures that must be implemented, and limitations on the number of times a member can rely on these bases. This option is scheduled to sunset at the end of 2025.
Each of these three options only applies in a unique set of circumstances and has unique procedural requirements that must be satisfied. Thus, if a Council member wants to attend H.2.a
Packet Pg. 124 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 226 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) virtually, it will be important to identify which option is applicable and ensure careful compliance with that option’s requirements. Below is a high-level summary of some key differences between the options; careful review of each option’s specific requirements is essential.
Options for Teleconferencing under the Brown Act
Usual Covid Emergency Just Cause or Personal
Emergency
Govt Code section Section 54953(b) Section 54953(e) Section 54953(f) until end of 2023;
renumbered Section
54953(e) for 2024 and
2025
Public must be
allowed to attend in
person at member’s
remote location?
Yes No No
Limit on # of members
who can use this
option at the same
time?
No, but at least a
quorum must
participate from
locations within the
City
No Yes, at least a quorum
must be present in
person at single
location open to the
public
Limit on # of times a
member can use the
option?
No No Yes
Member must use
both audio + visual
technology?
No, audio only is
acceptable
No, audio only is
acceptable
Yes (Zoom OK)
Required to provide a
physical meeting
location for public?
Yes, at regular meeting
location + at member’s
remote location
No Yes
Required to provide
call-in or internetbased broadcast for
public?
No Yes (Zoom OK) Yes (Zoom OK)
Action must stop if
broadcast for public
disrupted?
No, no express
requirement although
could choose to pause
until technology issue
resolved and may be
prudent to do so
Yes Yes
Planned to sunset? No Yes, sunsets at end of
2023
Yes, sunsets at end of
2025
H.2.a
Packet Pg. 125 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 227 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) How do the AB 2449 “Just Cause” and “Personal Emergency” provisions compare? Comparison of Just Cause and Personal Emergency Options Just Cause Personal Emergency
Timing Must notify at the earliest
opportunity possible (could
come at the start of the
meeting)
Must request approval as soon
as possible (could come at the
start of the meeting)
Approval of Council required? No Yes, must take formal action at a noticed public meeting
Limits on the circumstances
that qualify?
Yes, only 4 circumstances: (a)
caregiving for certain family
members, (b) contagious illness,
(c) a physical or mental
disability, and (d) travel while on
official business for the City or
another public agency
Yes, only a physical or family
medical emergency that
prevents a member from
attending in person
Limits on # of times it can be
asserted?
Yes, City will need tracking
system
Yes, City will need tracking
system
Attachment 1: Government Code 54953.
H.2.a
Packet Pg. 126 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 228 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) Attachment 1:
Government Code 54953.
(a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall. (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
H.2.a
Packet Pg. 127 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 229 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
H.2.a
Packet Pg. 128 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 230 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) (B) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
(iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
H.2.a
Packet Pg. 129 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 231 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) (ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i) A two-way audiovisual platform.
(ii) A two-way telephonic service and a live webcasting of the meeting. (B) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment.
(C) The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting. (D) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
H.2.a
Packet Pg. 130 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 232 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) (2) A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A) One of the following circumstances applies:
(i) The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year. (ii) The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I) A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II) The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2. (B) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals.
(C) The member shall participate through both audio and visual technology. (3) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year. (g) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is H.2.a
Packet Pg. 131 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 233 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (h) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(i) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(j) For the purposes of this section, the following definitions shall apply:
(1) “Emergency circumstances” means a physical or family medical emergency that prevents a member from attending in person.
(2) “Just cause” means any of the following:
(A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2.
(B) A contagious illness that prevents a member from attending in person. (C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
(D) Travel while on official business of the legislative body or another state or local agency.
(3) “Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (4) “Remote participation” means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation.
(5) “State of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(6) “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (7) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function.
H.2.a
Packet Pg. 132 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 234 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) (8) “Two-way telephonic service” means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. (9) “Webcasting” means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
(k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. (Amended (as amended by Stats. 2021, Ch. 165, Sec. 3) by Stats. 2022, Ch. 285, Sec. 1. (AB 2449) Effective January 1, 2023. Repealed as of January 1, 2024, by its own provisions. See later operative version, as amended by Sec. 2 of Stats. 2022, Ch. 285.) 1616381.1
H.2.a
Packet Pg. 133 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 235 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) City Council
Staff Report
Agenda Item: H.5
Date: April 11, 2023
Department: City Clerk
AGENDA TITLE: Commission Recruitment Update
RECOMMENDATION:
Consider appointment to the Planning Commission or provide direction to staff to set up 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.
On March 14, 2023, the Council filled one of the two Planning Commission vacancies and the two Finance Advisory Commission vacancies.
The remaining vacancy is filled now by Planning Commission John Smith who initially did not seek reappointment, though agreed to continue to serve until a replacement was found. Recently, Commissioner Smith indicated he would like to continue to serve on the Planning Commission.
Most recently, the City Council has received an additional Statement of Interest from Kumani Armstrong for the Council to consider. It is attached for your review.
NEXT STEPS:
Councilmembers can appoint or reappoint either of the two to the Planning Commission at this meeting or can decide to set a date to conduct interviews of the incumbent now wishing to continue to serve and of the others who may apply before that date.
Interviews can be conducted by the Mayor, a Council Subcommittee of two, or the entire City Council, but the appointment must be made by the City Council. If the Council elects to make an appointment at this meeting, we will discontinue the solicitation of further applicants.
FISCAL IMPACT:
None.
ATTACHMENTS:
A. Statement of Interest - Kumani Armstrong
H.5
Packet Pg. 236
Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
H.5
Packet Pg. 237
KUMANI L. ARMSTRONG
103 Tara Road Orinda, CA 94563 (510) 306-9522 [email protected] Orinda City Clerk
Sheri Smith
22 Orinda Way
Orinda, CA 94563
April 3, 2023
Dear Ms. Smith:
I write to express my interest and apply for an appointment on the Orinda Planning Commission. I believe that I possess a broad range of skills, knowledge, and experience that makes me uniquely qualified to serve as a Planning Commissioner. My career includes over 24 years of both private and public sector employment and has provided me with extensive experience in research and writing, litigation, adjudication of administrative cases, and interaction and engagement with stakeholders throughout the state.
If appointed, I will utilize my collective experience, temperament, and training to effectively serve the public in carrying out the work of the Planning Commission.
I would be honored to serve on the Planning Commission and look forward expanding upon my experience with you further. Please call me at (510) 306-9522 to schedule an interview.
Sincerely,
Kumani Armstrong
H.5.a
Packet Pg. 238 Attachment: Statement of Interest - Kumani Armstrong (3080 : Commission Recruitment Update) Statement of Interest
To serve in a Volunteer Capacity
For the City of Orinda
RETURN FORM TO:
CITY CLERK
22 Orinda Way
Orinda, CA 94563
(925) 253-4221
Please Note: This application for appointment is a Public Document subject to the State of California Public Records Act and will be open to the public for inspection and reproduction. If you wish, you may submit a resume or additional documentation; but such documents should supplement, not substitute for, the completion of this application.
I am interested in serving on the
Name:
Education:
Past and Present Business Experience:
Number of Years an Orinda Resident:
List Present Volunteer Activities:
List Previous Orinda Activities:
List any Additional Relevant Experience:
Please write a brief statement indicating why you are interested in serving in this capacity:
Home Address:
Home Telephone: Work Telephone:
Email: __________________________________
Signature
Government Code Section 87200 requires that certain government officials must file a Statement of Economic Interests (Form 700). Commissioners will be required to file statements of economic interests.
Less than one year. Purchased Orinda home August 10, 2022.
See resume and attachment.
University of California, Los Angeles, BA; UC Hastings College of the Law, JD Kumani Armstrong
Planning Commission
See resume and attachment.
See attachment.
See resume and attachment.
See attachment.
103 Tara Road, Orinda, CA 94563
510-306-9522
[email protected]
H.5.a
Packet Pg. 239 Attachment: Statement of Interest - Kumani Armstrong (3080 : Commission Recruitment Update) Statement of Interest
Orinda City Planning Commission Attachment
(Kumani Armstrong)
Past and Present Business Experience:
My legal career includes 24 years of both private and public sector employment and has provided me with extensive experience in research and writing, litigation, courtroom practices and procedures, and adjudication of administrative cases. In private practice, I represented small and large business entities in various commercial and employment disputes.
Currently, my responsibilities handling regulatory affairs with the Department of Industrial Relations directly intersects with the business community. I routinely meet with labor and management groups and facilitate advisory committee meetings to gain consensus on important policies and mandates.
On various occasions, I have been invited to share my expertise and experience with the community and speak on topics that impact health and safety of workers and the public. • Panelist: Chemical Accidents and Process Safety: What You Need to Know About Cal/OSHA's, Cal/EPA's and US EPA's New 2017 Regulations (Environmental Law Institute Professional Practice Seminar). (October 10, 2017). https://www.eli.org/events/chemical-accidents-what-you-need-know • Panelist and Speaker: National Safety Council Congress and Expo Occupational Keynote, "Understanding Workplace Violence – On the Job, On the Lookout.” (October 18, 2016). http://www.safetyandhealthmagazine.com/articles/14817-osha-panel-talksagencys-currentactivities?utm_source=showdaily&utm_medium=email&utm_campaign=showdaily • Selected by Director to lead DIR’s team to draft and implement Project Safety Management (PSM) regulation for petroleum refineries (8 CCR section 5189.1) (2014- 2017).
• Presented PSM proposal at public hearings to the Occupational Safety and Health Standards Board for adoption. (September 15, 2016, and May 18, 2017).
List Present Volunteer Activities:
Currently, I serve on the Board of Directors for the Pacific Boychoir Academy in Oakland. In this leadership capacity, I provide general legal counsel to the Board and school executives on governance, financial management policies, and personnel related issues. This volunteer work enables me to mentor students and promote music and arts to underserved youth and communities.
H.5.a
Packet Pg. 240 Attachment: Statement of Interest - Kumani Armstrong (3080 : Commission Recruitment Update) I actively volunteer at my daughter’s preschool (The Renaissance International School) and help guide and develop young students in her program.
I am a proud member of Kappa Alpha Psi Fraternity, Inc. I have assisted with community service and scholarship programs designed at guiding young men and women of color to achieve in every field of human endeavor.
I am a member of a church community at Covenant Worship Center in Berkeley. I have worked with my pastor and other church leaders to provide suits and professional clothing for youth and persons lacking financial resources. These tools for success help to promote self-confidence and assist impoverished men in gaining employment.
I remain actively connected with UC Hastings College of the Law and strive to mentor students and give back to the community throughout my career. From 2016-2017, I worked as a Bar Exam Supplemental Training (B.E.S.T.) Tutor. In this capacity, I spent countless hours, instructing and mentoring recent law graduates on substantive law, essay writing and strategies to pass the bar exam. Many of these students were minorities and lacked resources to pay for bar review courses. This experience left me fulfilled in knowing that I assisted them in successfully achieving their goal, passing the bar exam, and nurtured their professional maturity. • Pacific Boychoir Academy, Board of Directors, Legal Counsel Member 2019-present. • Charles Houston Bar Association, Special Assistant to the President (2007-08), Member 1996-present.
• California Association of Black Lawyers, Life Member 2017-present. • Kappa Alpha Psi Fraternity, Inc., Member 1993-present.
List Previous Orinda Activities:
I am a recent resident of Orinda and committed to being active in civic and community activities.
My family is excited to be new members of the Meadow Swim and Tennis Club and look forward to involvement in community activities. Since my daughter Nia (2.5 years old) was born, my family has utilized pediatric and other primary medical services from Orinda physicians. As a long Oakland/bay area resident, my family has patronized businesses in Orinda, hiked nature trails, and have close friends who are Orinda and Lafayette residents. I am excited for opportunities to continue involvement in various activities in Orinda.
List any Additional Relevant Experience:
I believe that I am qualified to serve on the Planning Commission because my professional experience has taught me how to effectively interact with the public, balance workloads, and tackle unique assignments. From clerking in federal court, working in private practice, and currently serving the public on diverse and complex issues impacting the health and safety of workers in California, I have learned different styles of writing, strengthened my ability to H.5.a
Packet Pg. 241 Attachment: Statement of Interest - Kumani Armstrong (3080 : Commission Recruitment Update) discern difficult issues, and honed my skills in communicating effectively before judges and the public.
My qualifications also rest on my curiosity for learning new things and my natural leadership ability. Whether serving as an advocate for plaintiffs and defendants, working for trial and appellate courts, presiding over hearings and stakeholder advisory committees, or drafting and interpreting regulations and statutes, I constantly strive to understand all aspects of the issues before me, and to obtain perspective from all points of view. I am a listener and a rational and practical problem-solver. I handle difficult matters with reasoned analysis, focused questioning, diplomacy, integrity, and sound judgment.
Please write a brief statement indicating why you are interested in serving in this capacity:
My background and training are driven by a passion about law, policy, and public service. I am seeking to apply my passion in serving on the Orinda Planning Commission. Since 2009, I have worked in public service as an attorney for the Department of Industrial Relations (DIR) developing, interpreting, and implementing regulations and policies that protect and improve working conditions and employment relations throughout the state. This requires me to assess and balance economic and fiscal impacts on small and large businesses and government entities statewide. I have also been entrusted with various tasks, including rendering ethics determinations, adjudicating retaliation complaints and appeals, and other enforcement actions by DIR’s divisions. I have approached hearings and settlement conferences with beneficial training, skills, professionalism, and integrity that I learned while clerking for judges in federal court early in my career.
Planning Commissioners are required to listen to stakeholders, understand regulations and public policies, and make informed, fair, and reasoned decisions/recommendations. If appointed, I will utilize my collective experience, temperament, and training to effectively serve the public in carrying out the work of the Planning Commission.
As a new resident of Orinda, I want to continue to promote and serve the growing and diverse community. I believe that I can contribute new perspectives while understanding, respecting, and preserving Orinda’s unique charm.
H.5.a
Packet Pg. 242 Attachment: Statement of Interest - Kumani Armstrong (3080 : Commission Recruitment Update) KUMANI L. ARMSTRONG
103 Tara Road Orinda, CA 94563 (510) 306-9522 [email protected] PUBLIC AGENCY EXPERIENCE:
California Department of Industrial Relations (DIR), Oakland, CA Office of the Director, Regulatory Affairs, October 2018 – Present Lead legal counsel for DIR’s Regulatory Affairs unit. Advise executives on DIR and Labor Agency policy initiatives. Manage review and approval of all rulemaking packages promulgated by DIR and its divisions, boards, and units. Build and maintain stakeholder relationships in development of rulemaking proposals and on existing regulatory mandates. Draft proposed legislation and regulations and provide analyses regarding the legal and fiscal impact on DIR. Consult and provide strategic guidance and training in all phases of regulatory drafting and policy development, including informal and formal rulemaking processes. Liaise with the Department of Finance, outside consultants, and other government entities regarding parallel rulemaking, regulatory mandates, and economic and fiscal impact analyses.
Office of the Director, Legal Unit
Special Counsel and Hearing/Presiding Officer, May 2009 – Present Provide legal, ethics, and policy advice to Director and Division Chiefs on broad issues facing DIR.
Represent Director in meetings before state legislators and constituents. Draft reports on research and policy implementation for Director, Agency, and Governor. Consult and provide legal advice, interpretations, and opinions to management, investigative staff, state and federal agencies, and stakeholders on Division specific legal issues, regulations, and statutory law. Represent DIR in federal and state court litigation and administrative proceedings. Appointed by the Director to preside over quasijudicial hearings and issue findings and decisions on Labor Court retaliation complaints and on appeals of enforcement actions by Divisions of DIR and Labor Compliance Programs.
JUDICIAL CLERKSHIPS:
The Honorable Oliver W. Wanger, United States District Court (Retired), Fresno, CA Law Clerk, Eastern District of California, September 2000 – September 2001 Managed weekly civil and criminal docket. Researched and drafted memorandum opinions and orders regarding various motions in complex civil and criminal cases. Managed all chambers’ employment litigation cases. Assisted Judge in court and researched issues during bench and jury trials. Hired and supervised judicial externs.
United States Court of Appeals for the Ninth Circuit, San Francisco, CA Staff Attorney, Civil Research Unit, June 1999 – September 2000 Prepared bench memoranda and dispositions for civil and criminal cases calendared for oral argument after review of appellate record. Presented recommended dispositions to three-judge appellate panels. (Clerked for Ninth Circuit Judge Jerome Farris sitting by designation on the Eleventh Circuit).
PRIVATE PRACTICE EXPERIENCE:
Dillingham & Murphy, San Francisco, CA
Senior Associate, December 2005 – April 2009
Represented corporate clients in various phases of employment and commercial litigation matters, including contractual disputes, torts, business torts, trademark, and trade secret claims. Evaluated case strategy and advised corporate counsel on litigation exposure. Conducted and defended depositions.
Managed internal investigations for corporate clients. Researched, drafted, and argued dispositive motions in state and federal court. Advised retail clients on HIPAA compliance. Contact litigation liaison for DuPont. Managed Business Development Committee. Supervised junior associates.
H.5.a
Packet Pg. 243 Attachment: Statement of Interest - Kumani Armstrong (3080 : Commission Recruitment Update) 2 Glynn & Finley, Walnut Creek, CA
Associate, March 2005 – November 2005
Represented large corporate clients in various phases of commercial and employment litigation. Evaluated case strategy and advised corporate counsel on litigation exposure. Conducted and defended depositions.
Murphy, Pearson, Bradley & Feeney, San Francisco, CA
Associate, February 2003 – February 2005
Drafted litigation budgets. Tried malicious prosecution action resulting in a successful defense verdict.
Lieff, Cabraser, Heimann & Bernstein, San Francisco, CA Associate, September 2001 – June 2002
Litigated complex antitrust and employment unpaid overtime class action cases.
PROFESSIONAL ACTIVITY:
• DIR’s lead counsel on the California Cannabis Enforcement Task Force. (July 2022-present). • DIR’s lead ethics counsel. Investigate and provide determinations on incompatible activities. • DIR Anti-fraud Unit. Collaborate with federal and state prosecutors to suspend criminally convicted physicians and medical providers from the workers’ compensation system and stay liens of criminally charged providers.
• Panelist: Chemical Accidents and Process Safety: What You Need to Know About Cal/OSHA's, Cal/EPA's and US EPA's New 2017 Regulations (Environmental Law Institute Professional Practice Seminar). (October 10, 2017). https://www.eli.org/events/chemical-accidents-what-you-need-know • Panelist and Speaker: National Safety Council Congress and Expo Occupational Keynote, "Understanding Workplace Violence – On the Job, On the Lookout.” (October 18, 2016). http://www.safetyandhealthmagazine.com/articles/14817-osha-panel-talks-agencys-currentactivities?utm_source=showdaily&utm_medium=email&utm_campaign=showdaily • Selected by Director to lead DIR’s team to draft and implement seminal Project Safety Management (PSM) regulation for petroleum refineries (8 CCR section 5189.1). (2014-2017). • Presented PSM proposal at public hearings to the Occupational Safety and Health Standards Board for adoption. (September 15, 2016, and May 18, 2017).
• UC Hastings College of the Law, Bar Exam Supplemental Training (B.E.S.T.) Tutor. Instructed and mentored recent graduates on substantive law, essay writing and strategies to pass the bar exam. (2016- 2017).
• Assisted Cal/OSHA in drafting and promulgating hotel housekeeping industry safety requirements and measures to prevent workplace violence in healthcare. (2016-2018). • Conduct strategic stakeholder advisory committee meetings in preparation of AB 1978 and AB 547 sexual harassment training and registration regulations in janitorial industry. (2017-present). • Presiding Officer – Presided over multi-day hearing and issued Decision on appeal of Otis Elevator Company from the Division of Occupational Safety and Health’s denial of an operating permit. Case Number 13-0274-OSH, March 14, 2014.
• DuPont – (2005-2009) Bay Area member of the DuPont Legal Network. • Kiurciev v. Hamilton Orchids, 38572-SACRCI (2016) (Served as Labor Court Hearing Officer for Labor Code sections 6310 and 1102.5 retaliation matter). • White v. A&S Concepts, Inc., a California corporation, dba A&S Chem Dry, 39395-SACRCI (2017) (Served as Labor Court Hearing Officer for Labor Code sections 6310 and 1102.5 retaliation matter).
H.5.a
Packet Pg. 244 Attachment: Statement of Interest - Kumani Armstrong (3080 : Commission Recruitment Update) 3 • Mitchell v. Pacific Bell Telephone Company, 38801-SACRCI (2018) (Served as Labor Court Mediator for Labor Code sections 6310 and 1102.5 retaliation matter).
PROFESSIONAL ASSOCIATIONS AND HONORS:
• Pacific Boychoir Academy – Board Member, 2019-present • Recipient of DIR’s Superior Accomplishment Award, 2016 • California Association of Black Lawyers – Life Member, 2017-present • Charles Houston Bar Association – Special Assistant to the President (2007-08), 1996-present • Kappa Alpha Psi Fraternity, Inc. – Member, 1993-present EDUCATION:
University of California, Hastings College of the Law, San Francisco, CA Juris Doctor, 1999 (Bar #221109)
Honors: •Moot Court Best Oralist Award-Honorable Mention, 1997 •Justice Wiley Manuel Law Foundation Scholarship, 1999
Activities: •Black Law Students Association, Executive Board •Judicial Extern, Ninth Circuit Office of Staff Attorneys, Jan. 1999 – May 1999 University of California at Los Angeles, Los Angeles, CA Bachelor of Arts, Political Science, 1996
H.5.a
Packet Pg. 245 Attachment: Statement of Interest - Kumani Armstrong (3080 : Commission Recruitment Update)