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Packet Pg. 277 Attachment: Attachment D - Moraga Inclusionary Zoning In-Lieu Fee (3114 : Inclusionary Housing Ordinance Options) Appendix Table 2
For-Sale Units - Calculation of Gross In-Lieu Fee Before Phase In In Lieu Fee Analysis
Town of Moraga, CA
Average Sales Price, Newer Units in Moraga $1,798,000
Average no. of Bedrooms, Newer Units in Moraga 3.96
Average net square footage, Newer Units in Moraga 3,040 sq ft Source: CoreLogic
B. Moderate Income Affordable Sales Price
3 Bedroom
Aff Price
4 Bedroom
Aff Price
Weighted
Average (1)
Appendix Table 4 Appendix Table 4
Affordable Price - Moderate Income $571,300 $613,400 $612,000 (1) Weighted to reflect the average of 3.96 bedrooms in the market rate unit sales data summarized in A.
Market Price $1,798,000
Less: Affordable Price ($612,000)
Affordability Gap $1,186,000
Affordability Gap
Inclusionary
Percentage
Average Unit
Square Feet
Gross InLieu Fee
Before
Phase-In
$1,186,000 x 10% ÷ 3,040 sq ft = $39.00 /SF
A. Average Price of Newer Units in Moraga Built Since 2010, Sold Last 4 Years (1/2019 - 11/2022) C. Affordability Gap
D. Calculation of For-Sale Gross In-Lieu Fee Before Phase-In Gross For-Sale In-Lieu Fee Before
Phase-In
_________________________________________________
Prepared by: Keyser Marston Associates, Inc.
Filename: \\SF-FS2\wp\16\16034\002\In-Lieu Fee Analysis Town of Moraga 12-21-22.xlsx; FS fee
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Packet Pg. 278 Attachment: Attachment D - Moraga Inclusionary Zoning In-Lieu Fee (3114 : Inclusionary Housing Ordinance Options) Appendix Table 3
Rental Units - Calculation of Gross In-Lieu Fee Before Phase In In Lieu Fee Analysis
Town of Moraga, CA
Avg
Number of
BRs
Avg Unit
SF
Avg Effective
Rent Per
Month
Averages for Rental Unit in Moraga (Primarily older stock built in 1960s and 70s) 1.83 1,028 $2,110 Estimated Rent Premium for New Construction w/ Modern Finishes and Amenities (1) 50% Estimated Market Rent for New Rental Units in Moraga 1.83 1,028 $3,165 Source: CoStar
B. Affordable Monthly Rent
1 BR/ 2-p HH
2 BR/ 3-p
HH
Weighted
Average (1)
Contra Costa County Low Income Limit, 2022 $87,700 $98,650 Affordable Hsg Cost/Mo at 30% of Income Limit $2,193 $2,466 $2,420 Less: Utilities (2) ($95) ($125) ($120)
Affordable Rent $2,098 $2,341 $2,300
(1) Weighted to reflect the average of 1.83 bedrooms in the market rate rental units. (2) Assumes gas heat, hot water and cooking, air conditioning, electricity and water.
Market Rent
Affordable
Rent
Rent
Difference
Per Month
Rent
Difference
Per Year
Net Difference: Market and Affordable Rents $3,165 $2,300 $865 $10,382 Rent
Difference
Per Year
Capitalizatio
n Rate (1)
Capitalized
Value of Rent
Difference
Affordability Gap $10,382 ÷ 4.00% = $260,000
(1) Costar Walnut Creek area submarket cap rate for 2022YTD.
Affordability
Gap
Inclusionary
Percentage
Average
Unit Square
Feet
Gross In-Lieu
Fee Before
Phase-In
$260,000 x 10% ÷ 1,028 sq ft = $25.00 /SF
A. Estimated Market Rate Rents for New Units in Moraga
(1) To calculate the affordability gap associated with inclusion of affordable units in a newly built rental project, it is necessary to use rents reflective of new construction. CoStar data indicate nearly all Moraga apartment units were built in the 1960s and 1970s. Therefore, KMA estimated rents for new units based on a percentage rent premium for new units over older units. The estimated 50% premium is based on comparing rents for new apartments with those built in the 1960s and 1970s in Walnut Creek, where such data was available.
C. Net Difference: Market vs. Affordable Rents
D. Affordability Gap (Capitalized value of rent difference) Gross Rental In-Lieu Fee Before
Phase-In
E. Calculation of Gross Rental In-Lieu Fee Before Phase-In _________________________________________________
Prepared by: Keyser Marston Associates, Inc.
Filename: \\SF-FS2\wp\16\16034\002\In-Lieu Fee Analysis Town of Moraga 12-21-22.xlsx; R fee
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Packet Pg. 279 Attachment: Attachment D - Moraga Inclusionary Zoning In-Lieu Fee (3114 : Inclusionary Housing Ordinance Options) Appendix Table 4
Affordable Sales Price Calculations
In Lieu Fee Analysis
Town of Moraga, CA
Unit Size (Bedroom) 3-Bedroom 4-Bedroom
Household Size 4-person HH 5-person HH
Contra Costa County 2022 Median Income $142,800 $154,200 Moderate Income Limit $171,350 $185,050
% for Housing Costs 35% 35%
Available for Housing Costs $59,973 $64,768
(Less) Property Taxes ($7,138) ($7,675)
(Less) Hazard Insurance ($634) ($680)
(Less) HOA ($3,900) ($4,200)
(Less) Utilities ($2,796) ($3,348)
(Less) Mortgage Insurance ($4,340) ($4,666)
Income Available for Mortgage $41,166 $44,198
Supported Mortgage $542,700 $582,700
Down Payment @5% $28,600 $30,700
Home Price @120% AMI $571,300 $613,400
Monthly Expense Assumptions
- HOA $325 $350
- Utilities (1) $233 $279
Common Assumptions
- Mortgage Interest Rate 6.50% Freddie Mac 30-year fixed rate, average rate, 12/1/2022. - Down Payment 5.00% KMA assumption.
- Property Taxes (% of sales price) 1.25% Estimated based on sampling of property tax bills. - Hazard Insurance (% of sales price) 0.11% Estimate based on sampling of estimates for Moraga homes. - Mortgage Insurance (2) 0.80% loans up to $625,500
1.00% loans over $625,500
(1) Utility allowances per Contra Costa County Housing Authority (2022). (2) Based on FHA mortgage insurance premium schedule.
Single Family Units
_________________________________________________________ Prepared by: Keyser Marston Associates
Filename: \\SF-FS2\wp\16\16034\002\In-Lieu Fee Analysis Town of Moraga 12-21-22.xlsx; Affordable prices
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Packet Pg. 280 Attachment: Attachment D - Moraga Inclusionary Zoning In-Lieu Fee (3114 : Inclusionary Housing Ordinance Options) B-18 Adopted Housing Element | January 2023
5.5 INCLUSIONARY HOUSING
Inclusionary zoning programs – of which the City’s local Below Market Rate or BMR program is one variant – are sometimes perceived as adding to the cost of housing by requiring the market-rate units to subsidize the affordable units. This is an area of much dispute, both in the Bay Area and nationally. There are as many positive aspects of inclusionary programs than there are negative aspects.
For example, a study conducted by the National Housing Conference’s (NHC) Center for Housing Policy (2000) highlighted several important contributions to inclusionary zoning to communities, not the least of which is the creation of income-integrated communities without sprawl.5 Over the last ten years, sSeveral studies have been published that specifically address the issue of who pays for inclusionary zoning. Some of these studies assert that the costs associated with inclusionary programs are passed on to the market priced homes, while other studies assert that in fact the cost is not borne by the end users at all. For example, the “Reason Foundation” study entitles “Housing Supply and Affordability: Do Affordable Housing Mandates Work?” (April 2004) argues that housing consumers and some landowners pay for inclusionary requirements, not developers. The author asserts that market-rate buyer (and some extent, renters) will be forced to pay higher amounts than they otherwise would for their units because of inclusionary zoning’s implicit tax on other units.
In an article published in the Hastings School of Law Review in 2002 which provided one of the first comprehensive reviews of inclusionary zoning and its cost implications for jurisdictions in California, Barbara Kautz, former Director of Community Development for the City of Dan Mateo and now a lawyer with Goldfarb and Lipman, noted that:
Most cities that have conducted economic analyses have concluded that, in the long run, most of the costs are borne by landowners [rather than market rate renters or buyers.] Initially, before land prices have had time to adjust, either the market-rate buyers or the developer pays, 5 Inclusionary Zoning: A Viable Solution to the Affordable Housing Crisis?” (Washington, DC: The Center for Housing Policy, National Housing Conference, October 2000).
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Packet Pg. 281 Attachment: Attachment E -Lafayette Inclusionary Program Summary - Excerpt from Housing Element Contraints Analysis (3114 : Inclusionary B-19 Adopted Housing Element | January 2023
depending on whether the market allows the developer to increase his prices. If the developer cannot raise the market price for the non-inclusionary units or lower his total costs, or some combination, his profits will decline…. To put this another way, builders will pay less for land because inclusionary zoning lowers their profits.6
Kautz asserts that developers will sell at the highest level they are able to sell at, meaning they will set prices according to what the market will bear. If a unit’s market value is $900,000, it will be sold for $900,000. Developers would not “add” more to the price to pay for the affordable units that are required; if they could sell it at $1,000,000, for example, they would have sold it for that price in the first place. Furthermore, if the market value of a unit is $900,000, a buyer would not pay $1,000,000. And, if all a buyer can afford is $900,000, then the buyer will not spend $1,00,000. Ultimately, the price for a unit is dependent on what the market will bear; it is not directly affected by the affordability requirement.
The requirement to add inclusionary units results in substantial costs to a project compared to being allowed to build all market rate units. These costs cannot be passed on to other purchasers because buyers will not pay more because the development costs more; buyers pay what the market will bear relative to the desirability of the unit, the location, and the community. Nor will the developer build for a lesser profit (unless the developer is unlucky enough to have purchased land and planned a project under one set of conditions and must sell units under a different set of conditions as a result of an unanticipated City policy.) The land price is the variable that adjusts, over time, to absorb the increased costs of development within the community.
If the cost of inclusionary zoning is not borne by the buyers or renters, but rather the developers (in terms of less profit) or the original landowners (also in terms of less profit), the question then becomes whether or not inclusionary zoning unfairly reduces the profit one can realize through the development of property. As the courts have repeatedly shown, zoning laws do not constitute a “taking” unless an owner is deprived of most, if not all, of the economic benefit of a property. Land is a limited community resource, and as such courts have given jurisdictions broad discretion in implementing a variety of land use mechanisms that tend to restrict both the value and the particular use of property in order to achieve objectives that meet the greatest public good.
In most instances – certainly within the State of California – local jurisdictions with inclusionary programs have analyzed them as potential constraints to development. This has been the directive of State HCD: while it pronounces “Housing Element law neutral relative to enactment of mandatory local inclusionary provisions,” the State also notes that there may be tradeoffs that must be discussed in the Housing Element’s constraints section. However, jurisdictions almost always have implemented a number of incentives and cost benefits to mitigate these impacts, so that whatever constraint has been identified there is an offset offered to mitigate it.
The City implemented its inclusionary zoning program in the Downtown only in 2016 (subsequent amendments have taken place in 2017 and 2018). The purpose of the program is to facilitate the development and availability of housing affordable to a broad range of households of various income levels and sizes in Lafayette, specifically to assist in the dispersal of affordable housing units throughout the downtown.
6Barbara Ehrlich Kautz, “In Defense of Inclusionary Zoning: Successfully Creating Affordable Housing,” University of San Francisco Law Review – Vol. 36, No 4 (Summer 2002).
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Packet Pg. 282 Attachment: Attachment E -Lafayette Inclusionary Program Summary - Excerpt from Housing Element Contraints Analysis (3114 : Inclusionary B-20 Adopted Housing Element | January 2023
Basic Requirements
The ordinance applies to developments of two or more units and essentially re-implements the inclusionary requirements of the former redevelopment agency, which was dissolved by the governor in 2012. For single family for-sale projects, 15 percent of the units must be inclusionary units sold or rented at an affordable price to moderate-income households. For projects creating multiple for-sale family dwellings, 15 percent of the total units must be inclusionary units, with nine percent sold at an affordable sales price to low or moderate-income households and six percent sold to an affordable sales price of very low-income households.
For projects in the downtown that are multi-family rental dwellings, 15 percent of the total units must be inclusionary units, with nine percent rented at an affordable price to low-income households and six percent rented at an affordable price to very low-income households.
Alternatives to development
In-Lieu Fees: A project with two to six for-sale units may elect to pay the applicable in-lieu fees and is not required to build inclusionary units. Further, a project with seven to 20 for-sale units may elect to make all of the inclusionary units affordable at moderate-income. Similarly, a project with seven to 20 rental units may elect to make all of the inclusionary units affordable at low-income.
Off-Site Development: In addition, instead of providing inclusionary units on-site to satisfy inclusionary requirements, a developer may propose providing all or a portion of the inclusionary units off-site, including for-sale housing or rental housing. In order to approve such a proposal, the city council must find that on-site production of such units is infeasible or that greater public benefit will result from the units being off-site. The city council may require the provision of a minimum of one and may require up to two off-site units for every unit not provided on-site.
Regardless of the number of off-site for-sale units that are required, 40 percent of the off-site units must be affordable to very low-income households and 60 percent must be affordable to low- or moderate-income households.
In addition, regardless of the number of off-site rental units that are required, 40 percent of the off-site units shall be affordable to very low-income households and 60 percent shall be affordable to low-income households.
Affordability Restrictions
Basic Restrictions: For-sale inclusionary units are restricted to the applicable income level for a period not less than 45 years, while rental inclusionary units are restricted to the applicable income level for a period not less than 55 years, including inclusionary units proposed as off-site rental units.
Special Options for Ownership Developments: An applicant for a residential ownership project may elect to provide all or a portion of the inclusionary units required for the residential project at affordable rent to lower income households rather than provide for-sale units. Fifteen percent of the total units must be affordable to lower incomes, with nine percent rented at an affordable rent to low income households and six percent rented at an affordable rent to very low income households. If the applicant proposes to provide rental units off-site, 40 percent of the off-site rental units must be affordable to very low-income households and 60 percent must be affordable to low-income households.
Sales of Affordable Rental Units. If the owner of the ownership project later determines to offer the affordable rental units in the project for sale at an affordable sales price, any subsequent H.2.e
Packet Pg. 283 Attachment: Attachment E -Lafayette Inclusionary Program Summary - Excerpt from Housing Element Contraints Analysis (3114 : Inclusionary B-21 Adopted Housing Element | January 2023
regulatory agreement shall include provisions for sale of the affordable units, as well as relocation benefits for tenants of the affordable rental units.
Development Allowances, Reductions, Adjustments and Waivers In approving an inclusionary housing agreement, the city may, at its sole discretion, include one or more of the following allowances:
• Unit Size Reduction. The size of the required inclusionary units may be smaller than the market rate units.
• Interior Finishes. Inclusionary units may have different interior finishes than market rate units so long as the interior features are durable, of good quality and consistent with current state building code standards for new housing.
• Accessory Dwelling Units. Projects consisting of single-family detached units may meet the inclusionary unit requirements by providing an accessory dwelling unit in accordance with the provisions of the city's accessory dwelling unit regulations on a one-for-one basis. Further:
• A developer of a project may petition the city council for a reduction, adjustment, or waiver of requirements based upon substantial evidence showing the absence of any reasonable relationship or nexus between the impact of the development and the inclusionary requirements. • A project that has received approval for a tentative subdivision or parcel map, use permit or other discretionary approval and submits a new or revised application for the same property may petition for a reduction, adjustment or waiver of the requirements with respect to the number of lots or square footage of construction previously.
Because developers can receive density bonuses when they provide affordable housing, the cost to develop the below market rate units is offset by the additional density – along with concessions and waivers – received. Table 4 above documents the achieved density of all recent multifamily projects developed since 2017. In addition to illustrating that average densities are being achieved well above zoned density, this table also notes that projects have proposed larger percentages of affordable units than required by the City’s inclusionary requirements, in part because of the additional densities achieved through a density bonus.
Although the ordinance calls for the setting of in-lieu fees, the City has not established in-lieu fees at this time. As a result, the Implementation Plan includes a program (6.1.c) to assessw the feasibility of a fee. The Implementation Plan also includes AFFH Action 2.2, which is an evaluation and adjustment the city's inclusionary and density bonus programs to allow a smaller unit contribution (<15%), larger density bonuses, and/or increased city support in exchange for affordable units that address the needs of under-represented residents with disproportionate housing needs (e.g., childfriendly developments with day care on site for single parents, and 3-4 bedroom units for larger families).
Based on the research and many years of implementation, the City’s inclusionary program is not a constraint to development. As noted above, Ddevelopers have a variety of options for complying with the provisions and will use the density bonus – which requires a certain level of affordability anyway – to obtain additional concessions and waivers. bonus to offset costs associated with providing affordable units.
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Packet Pg. 284 Attachment: Attachment E -Lafayette Inclusionary Program Summary - Excerpt from Housing Element Contraints Analysis (3114 : Inclusionary (a)
(b)
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Part 7. - Special Housing Regulations
Chapter 6-34 - REASONABLE ACCOMMODATION
Sections:
6-3401 - Purpose.
The city of Lafayette's policy is to comply with the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act by providing reasonable accommodation in the application of its land use and zoning regulations and reasonable modification in a policy, practice, or procedure for housing designed for occupancy by qualified persons with disabilities seeking fair access to housing. The city also recognizes the importance of sustaining and enhancing residential neighborhoods.
This chapter is intended solely for residential use. In determining whether a requested modification is reasonable, the city will consider, among other relevant factors, the extent to which the modification might be in conflict with the legitimate purposes of its existing zoning regulations, including where relevant, those regulations aimed at sustaining residential neighborhoods and preserving a suitable environment for family life. The purpose of this chapter is to provide a process for making and acting upon requests for reasonable accommodation.
(Ord. 556 § 2 (Exh. A) (part), 2006)
6-3402 - Definitions.
"Housing designed for occupancy by, or with supportive services for persons with disabilities" includes a wide range of housing types, including, but not limited to, housing that is physically accessible to people with mobility impairments, residential care facilities for individuals with disabilities or for the elderly, group homes, housing for individuals with Alzheimer's disease, housing for persons with HIV/AIDS, housing with support services and transitional housing that serve homeless with disabilities.
"Person with disabilities" means an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual. "Reasonable accommodation and modification" means the act of making facilities used by residents readily accessible to and usable by individuals with disabilities, through the removal of constraints within the land use, zoning, permit and processing procedures. (Ord. 556 § 2 (Exh. A) (part), 2006)
6-3403 - Application required.
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Any person who requests reasonable modification, based on the disability of residents, in the application of a land use or zoning law which may be acting as a barrier to fair housing opportunities, may do so on a form prescribed for that purpose by the city.
If the project for which the request is being made also requires some other planning permit or approval, then the applicant shall file the request together with the application for such permit or approval.
If the zoning administrator finds that the proposed development is minimal in nature and complies with the purpose and intent of this chapter and/or other related chapters of this title, the zoning administrator may waive the requirement for related discretionary permits, including, but not limited to, a hillside development permit.
(Ord. 556 § 2 (Exh. A) (part), 2006)
6-3404 - Submittal requirements.
The applicant shall provide the following information:
Applicant's name, address, and telephone numbers;
Project property address;
The current use of the property;
The zoning code provision, regulation, or policy from which the modification is being requested;
The basis for the claim that the person(s) and the housing for which modification is sought qualify under Sections 6-3402(a) and (b) of this chapter, and why the modification is reasonably necessary;
Other relevant information as requested by the zoning administrator or his or her designee; and
Upon request and when necessary to establish a substantial impairment or the need for a modification, a medical certification may be required (this will not be required where the impairment and need for modification are readily apparent). (Ord. 556 § 2 (Exh. A) (part), 2006)
6-3405 - Procedures for reasonable accommodation and modification.
The procedure for reasonable modification is as follows:
Application. An application shall be filed with the zoning administrator on a form approved by the city. The application shall include all submittal requirements as described in Section 6- 3404 of this chapter. If assistance is needed to complete the application, or an alternative H.2.f
Packet Pg. 286 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3114 : Inclusionary Housing Ordinance Options) (b)
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format for the application is necessary, the zoning administrator should be contacted for assistance.
Public Notice. Within ten days of deeming an application complete, a notice of pending application shall be sent to all property owners within 300 feet of the subject property. If the zoning administrator finds that the request for reasonable modification is de minimus in nature and complies with the purpose and intent of this chapter, the zoning administrator may waive the requirement for public notification. If a notice is appropriate, it shall include the following information:
Description of reasonable modification request;
Statement about the scope of application review permitted by this chapter; Date by which public comments regarding the application shall be submitted for consideration;
Date that the zoning administrator shall make a determination on the application; and Appeal rights as described in Section 6-3406 of this chapter.
Determination. Within 30 days of deeming an application complete, the zoning administrator shall approve, conditionally approve, or deny the application.
Expiration of Permit. The permit is valid for 12 months from the date of issuance unless a longer period is stated in the permit. If the applicant does not begin the work authorized by the permit by the expiration date, the permit shall expire. The applicant may request one 12- month extension from the zoning administrator.
(Ord. 556 § 2 (Exh. A) (part), 2006)
6-3406 - Appeals.
A person desiring to appeal the determination of the zoning administrator regarding the approval, conditional approval, or denial of a request for reasonable modification shall file a notice of appeal with the city clerk within 14 days after the date of determination. The city council will consider the appeal within 30 days after the notice is filed. The city council shall limit its consideration of the appeal to whether the reasonable modification meets the findings in Section 6-3407 of this chapter. There shall be no appeal fee for appealing a denial of a request for reasonable modification. (Ord. 556 § 2 (Exh. A) (part), 2006)
6-3407 - Specific findings required.
In making a determination regarding the reasonableness of a requested modification, the following factors shall be considered:
Special needs created by the disability;
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Packet Pg. 287 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3114 : Inclusionary Housing Ordinance Options) (b)
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Potential benefit that can be accomplished by the requested modification; Potential impact on surrounding uses;
Physical attributes of and any proposed changes to the subject property and structures; Alternatives which may provide an equivalent level of benefit; Whether the requested modification would impose an undue financial or administrative burden on the city;
Whether the requested modification would require a fundamental alteration in the nature or effect of the city's land use and zoning ordinances, programs or policies; Whether the modification would create a "direct threat," which is a significant risk to the health or safety of others, that cannot be eliminated or reduced to an acceptable level by further modification of the city's policies, practices, or procedures; and Whether the requested modification is consistent with the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act. (Ord. 556 § 2 (Exh. A) (part), 2006)
6-3408 - Fees.
There is no application fee associated with requests for reasonable modification.
No application fee shall apply to the request for reasonable modification unless the request is made concurrently with an application for some other discretionary approval, in which case, the applicant shall pay only the required application fee for the discretionary approval. (Ord. 556 § 2 (Exh. A) (part), 2006)
6-3409 - Conditions of approval.
In granting a request for reasonable modification, the reviewing authority may impose any conditions deemed reasonable and necessary to ensure that the reasonable modification would comply with the findings required by Section 6-3407 of this chapter. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable modification be removed once those structures or physical design features are no longer necessary for housing designed for a person with a disability. Any approval or conditional approval of an application may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.
(Ord. 556 § 2 (Exh. A) (part), 2006)
Chapter 6-35 - EMERGENCY SHELTERS
Sections:
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Packet Pg. 288 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3114 : Inclusionary Housing Ordinance Options) (a)
(b)
6-3501 - Purpose.
The purpose of this Chapter is to provide temporary shelter for homeless persons or others in need in a manner that protects the health, safety, and general welfare of nearby residents and businesses, consistent with California Government Code § 65583, which requires all California cities to identify in their General Plan Housing Element at least one zone where emergency shelters are permitted by right without requiring discretionary permits or action, provided they comply with objective operating standards established by the City.
(Ord. No. 610, § 1(exh. A), 9-10-2012)
6-3502 - Definition of emergency shelter.
In this chapter, unless the context otherwise requires:
"Emergency shelter" means housing with minimal supportive services that is designed for and occupied by homeless persons for no more than six-months in a consecutive 12-month period. No individual or household may be denied emergency shelter because of an inability to pay. (Ord. No. 610, § 1(exh. A), 9-10-2012)
6-3503 - Permit required.
An emergency shelter that complies with the provisions of this Chapter shall be permitted within the General Commercial District 1 (C-1), pursuant to an emergency shelter permit. (Ord. No. 610, § 1(exh. A), 9-10-2012)
6-3504 - Emergency shelter permit; application and issuance.
An application for an emergency shelter permit shall be filed with the Zoning Administrator on a form approved by the City together with a fee fixed by resolution of the City Council. The Zoning Administrator shall approve an application that meets the development standards set forth in Section 6-3505 without discretionary review or a public hearing, as soon as practicable, and in no event more than 30 days after the application has been deemed complete.
Pursuant to Section 6-250 of the Lafayette Municipal Code, this approval shall expire one year from the approval date unless a building permit has been issued for the project. The Zoning Administrator may extend the period to exercise the permit for up to one additional year upon a showing of good cause, if such request is received in writing prior to the expiration date.
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(Ord. No. 610, § 1(exh. A), 9-10-2012)
6-3505 - Development and management standards.
Development standards. An emergency shelter shall conform to the development standards set forth below, as well as all development standards of the C-1 zoning district set forth in Title 6, Part 3, Chapter 6-9 of this Code, including the requirement for design review for any building constructed or altered to affect the exterior appearance. If there is a conflict between the C-1 development standards set forth in Title 6, Part 3, Chapter 6-9 of this Code and the standards set forth below, the standards set forth below shall be controlling:
Proximity to Other Shelters. No emergency shelter shall be closer than 300 feet to another emergency shelter.
Vehicle Parking. An emergency shelter shall provide one parking space for every four beds and one parking space for every employee.
Bicycle Parking. An emergency shelter shall provide at least one bicycle space for every five beds.
Shelter Capacity. No emergency shelter shall contain more than 30 beds. The city council may establish a maximum number of beds to be allowed in all emergency shelters in the city by resolution. The maximum number of beds in all emergency shelters in the city shall not be less than the number of unsheltered homeless persons in Lafayette as determined in the biannual homeless count conducted by the Contra Costa Homeless Program.
Length of Stay. The length of stay per individual in an emergency shelter shall not exceed six months in a consecutive 12-month period.
Screening of Outdoor Uses. An emergency shelter shall not allow or include any of the following to occur in front of an emergency shelter or in any other location incidental to the shelter that is visible from adjoining properties or the public right-of-way, unless the same is entirely screened from public view:
Designated outdoor smoking area;
Outdoor waiting and client intake area;
Outdoor public telephones; and
Outdoor refuse area.
Exterior Lighting. Lighting in or on an emergency shelter shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity that is consistent with existing lighting in the neighborhood in which the shelter is located.
Laundry Facilities. An emergency shelter shall provide laundry facilities to serve the number of residents.
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Personal Property Storage. An emergency shelter shall provide secure areas for temporary storage of personal property of the persons residing in the emergency shelter.
Management Standards. An emergency shelter shall conform to the management standards set forth below:
Emergency Shelter Management Plan. The operator of an emergency shelter shall prepare and submit a management plan to the Zoning Administrator that includes, as applicable, the following: established staff training program to meet the needs of emergency shelter residents; adequate security measures to protect emergency shelter residents and the neighboring land uses; a list of services provided to assist emergency shelter residents with obtaining permanent shelter and income; and a method of screening emergency shelter residents to ensure compatibility with services provided at or through the emergency shelter prior to admittance to the shelter.
On-Site Management and Security Plan. Security measures shall be sufficient to protect clients and neighboring land uses. On-site management and on-site security shall be provided during the hours when the emergency shelter is in operation and at all times that clients are present on-site. An on-site staff person shall be designated as a neighborhood liaison to respond to, and address, any questions or concerns from surrounding residents regarding facility operations. Clients shall be screened for compatibility with shelter resources and for compliance with applicable State and Federal laws prior to admittance to the emergency shelter.
(Ord. No. 610, § 1(exh. A), 9-10-2012)
6-3506 - Appeals.
An appeal of a decision made pursuant to this chapter shall be brought and governed as set forth in Section 6-232 of this code.
(Ord. No. 610, § 1(exh. A), 9-10-2012)
Chapter 6-36 - DENSITY BONUS
Sections:
6-3601 - Purpose.
The purpose of this chapter is to:
Facilitate the production of affordable housing by providing incentives; H.2.f
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Implement the goals, policies and programs of the Housing Element of the Lafayette General Plan; and Comply with Government Code Section 65915.
(Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3602 - Definitions.
As used in this chapter, the following terms have the following meanings:
"Affordable rent" means a rent, including a reasonable utility allowance as determined by the planning and building department director, for rental target units that does not exceed the following calculations pursuant to Health and Safety Code Section 50053:
Very low income: Fifty percent of the AMI, adjusted for household size, multiplied by 30 percent and divided by 12.
Low income: Sixty percent of the AMI, adjusted for household size, multiplied by 30 percent and divided by 12.
"Affordable sales price" means a sales price at which very low, low, or moderate income households can qualify for the purchase of target units, taking into account available financing, number of bedrooms and assumed household size, reasonable down payment, and affordable housing costs as defined in Health and Safety Code Section 50052.5. The affordable sales price shall not exceed a price affordable to households based on the following calculations:
Very low: household income at or below 50 percent of the AMI.
Low: household income at or below 70 percent of the AMI.
Moderate: household income at or below 110 percent of the AMI. "AMI" mean the area median income for Contra Costa County. "Child care facility" means a child care facility other than a family day care home, including not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers, pursuant to Government Code Section 65915(h)(4). "Concession or incentive" means any of the following, pursuant to Government Code Section 65915(k):
A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Health and Safety Code Sections 18901 et seq., including, but not limited to:
Reduced minimum lot sizes and/or dimensions.
Reduced minimum lot setbacks.
Increased maximum lot coverage.
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Reduced On-site Parking Standards. Upon the request of the developer, the City shall require a vehicular parking ratio, inclusive of handicapped and guest parking,:
In the following ratios:
Zero to one bedroom: One onsite parking space.
Two to three bedrooms: Two onsite parking spaces.
Four and more bedrooms: Two and one-half parking spaces.
If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "onsite parking" through covered parking or uncovered off-street parking, but not through on-street parking.
Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost and are compatible with the housing units and the existing or planned development in the area where the housing project will be located.
Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable and actual cost reductions.
"Condominium project" has the same meaning as set forth in Civil Code Section 1351(f) for moderate income households.
"Density bonus" is defined as a density increase of at least five percent, unless a lesser percentage is elected by the applicant, and no more than 35 percent over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city. "Density bonus housing agreement" means a legally binding agreement between an applicant and the city to ensure that the requirements of this chapter are satisfied and that establishes, among other things, the number, size, location, terms and conditions of affordability, and production schedule of target units.
"Density bonus units" means those residential units approved pursuant to the provisions of this chapter that exceed the otherwise maximum residential density for the proposed housing development site.
"Development standard" means any ordinance, general plan element, specific plan, or other city condition, law, policy, resolution or regulation, as set forth in Government Code Section 65915(o)(1).
"Housing cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, property taxes and assessments, fire and casualty insurance, and homeowner association H.2.f
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"Low income household" means persons and families whose income does not exceed the low income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5. "Maximum residential development" means the maximum number of residential units permitted by the general plan and applicable zoning district at the time of application, except for the provisions of this chapter.
"Moderate income household" means persons and families whose income does not exceed the moderate income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5. "Non-restricted unit" means any unit within a housing development that is not a target unit. "Qualifying resident" means a senior citizen or other person eligible to reside in senior citizen housing as defined under Civil Code Section 51.3.
"Senior housing" means a housing development consistent with the State Fair Employment and Housing Act which has been designed to meet the physical and social needs of senior citizens and which otherwise qualifies as housing for older persons as defined in the federal Fair Housing Amendments Act of 1988.
"Target unit" means a dwelling unit within a housing development that is affordable to and will be reserved for sale or rent to very low, low, or moderate income households, or to qualifying residents.
"Very low income household" means persons and families whose income does not exceed the very low income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5. (Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3603 - Granting of density bonuses and incentives.
The city shall either grant a density bonus and at least one concession or incentive, or provide other concessions or incentives of equivalent financial value (based on the land cost per dwelling unit) when the applicant for a housing development agrees or proposes to construct at least any one of the following:
Ten percent of the total dwelling units for very low income households.
Twenty percent of the total dwelling units for low income households.
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Fifty percent of the total dwelling units for qualifying residents.
Twenty percent of the total dwelling units in a condominium project for moderate income households.
The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change or other discretionary approval by the city. (Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3604 - Number of density bonus units.
The city shall grant a density bonus, and incentives or concessions described in Section 6-3611, when an applicant for a residential development project seeks and agrees to construct at least any one of the following:
Ten percent of the total dwelling units of a residential development project for low income households; or
Density Bonus Calculation
Percentage Low-Income Units Percentage Density Bonus
10% 20%
11% 21.5%
12% 23%
13% 24.5%
14% 26%
15% 27.5%
16% 29%
17% 30.5%
18% 32%
19% 33.5%
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Five percent of the total dwelling units of a residential development project for very low income households; or
Density Bonus Calculation
Percentage Very Low-Income Units Percentage Density Bonus 5% 20%
6% 22.5%
7% 25%
8% 27.5%
9% 30%
10% 32.5%
11% 35%
A residential development project meeting the requirements of a senior citizen housing development or a mobile home park as defined under state law; or Density Bonus Calculation: Twenty percent
Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code, for persons and families of moderate income, provided that all units in the development are offered to the public for purchase.
Density Bonus Calculation
Percentage Moderate-Income Units Percentage Density Bonus H.2.f
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16%11%
17%12%
18%13%
19%14%
20%15%
21%16%
22%17%
23%18%
24%19%
25%20%
26%21%
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28%23%
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30% 25%
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33% 28%
34% 29%
35% 30%
36% 31%
37% 32%
38% 33%
39% 34%
40% 35%
The applicant shall elect whether the density bonus shall be awarded on the basis of subsection (a), (b), (c), or (d) above. All density calculations resulting in fractional units shall be rounded up to the next whole number. The density bonus shall not be included when determining the number of dwelling units that is equal to five or ten percent of the total dwelling units. (Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3605 - Land donation.
When an applicant donates land to the city, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire residential development project as follows:
Density Bonus Calculation
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ercentageVeryLow-IncomeUnitsPercentageDensityBonus
10%15%
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12%17%
13%18%
14%19%
15%20%
16%21%
17%22%
18%23%
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22%27%
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24%29%
25%30%
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27%32%
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28% 33%
29% 34%
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This increase shall be in addition to any density bonus mandated in Section 6-3604(a) through (d) above, up to a maximum combined increase of 35 percent if the applicant seeks both the increase required under this section and the increase under Sections 6-3604(a) through (d). All density bonuses resulting in fractional numbers of .5 or higher shall be rounded up to the next whole number. An applicant shall be eligible for the increased density bonus described in this section if all of the following conditions are met:
The applicant donates and transfers the land to the city no later than the date of approval by the city of the final subdivision map, parcel map, or residential development application of the residential development project seeking the density bonus.
The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent of the number of residential units of the proposed residential development project seeking the density bonus.
The transferred land:
Is at least one acre in size or of sufficient size to permit development of at least 40 units; and
Has the appropriate general plan designation and is appropriately zoned for affordable housing based on a density of at least the minimum default density as established by the State Department of Housing and Community Development; and Is or will be served by adequate public facilities and infrastructure; and Has appropriate zoning and development standards to make the development of the affordable units feasible; and
Has all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land no later than the date of approval of the final subdivision map, parcel map, or of the residential development project seeking the density bonus, except that the city may subject the proposed residential development project to subsequent design review, if the design is not reviewed by the city prior to the time of transfer.
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The transferred land and the affordable units shall be subject to a deed restriction, which shall be recorded on the property at the time of dedication, ensuring continued affordability of the units for a term of at least 30 years.
The land is transferred to the city or to another housing developer approved by the city.
The transferred land shall be within the boundary of the proposed residential development project or, if the city agrees, within one-quarter mile of the boundary of the proposed residential development project.
(Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3606 - Child care facilities.
When an applicant proposes to construct a residential development project that conforms to the requirements of Sections 6-3604(a) through (d) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the residential development project, the city shall grant either of the following:
An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or An additional concession or incentive designated by the city to contribute to the economic feasibility of the construction of the child care facility.
The city shall require, as a condition of approving the residential development project, that the following occur:
The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to this chapter; and
Of the children who attend the child care facility, the children of very low income households, low income households, and moderate income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are made affordable to very low income households, low income households, or families of moderate income households pursuant to Sections 6-3604(a) through (d).
Notwithstanding any requirement of this chapter, the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.
(Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3607 - Condominium conversions.
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When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to households earning between 80 percent and 120 percent of median income, or 15 percent of the total units of the proposed condominium project to households earning less than 80 percent of median income, and agrees to pay for the reasonably necessary administrative costs incurred by the city, the city shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value.
For purposes of this section, "density bonus" means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion.
For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval.
An applicant shall be ineligible for a condominium conversion density bonus or other incentives under this section if the apartments proposed for conversion constitute a residential development project for which a density bonus or other incentives were previously provided under this chapter. (Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3608 - Design, distribution and timing of affordable housing.
Affordable housing units must be constructed concurrently with market-rate units. The affordable units shall be integrated into the residential development project and be comparable in infrastructure (including sewer, water and other utilities), construction quality and exterior design to the market-rate units. The affordable units must also comply with the following criteria:
Rental Residential Development Projects: When affordable units are required in rental residential development projects, the units should be integrated with the project as a whole.
All affordable units shall reflect the range and numbers of bedrooms provided in the project as a whole, and shall not be distinguished by design, construction, or materials. All affordable units shall be reasonably dispersed throughout the project.
Owner-Occupied Residential Development Projects: When affordable units are required in owner-occupied residential development projects, the units should be integrated with the project as a whole. Affordable units may be smaller in aggregate size and have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing.
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All affordable units shall reflect the range and numbers of bedrooms provided in the project as a whole, except that if the market-rate units provide more than four bedrooms, the affordable units need not provide more than four bedrooms.
No building permits will be issued for market-rate units until permits for all affordable units have been obtained, unless affordable units are to be constructed in phases pursuant to a plan approved by the city.
Market-rate units will not be inspected for occupancy until all affordable units have been constructed, unless affordable units are to be constructed in phases pursuant to a plan approved by the city. (Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3609 - Requests for incentives or concessions.
The applicant must submit a density bonus application, as described in Section 6-3614 below, for the specific incentives or concessions that the applicant requests. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following:
The concession or incentive is not required in order to provide for affordable housing costs; The concession or incentive would have a specific adverse impact upon public health and safety or the physical environment or on any real property that is listed in the Federal Register of Historic Resources, or the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households. (Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3610 - Granting of incentives or concessions.
If the conditions of Sections 6-3604(a), (b), (c) or (d) are met by applicant, the following incentives or concessions may be granted:
One incentive or concession for a residential development project that makes:
At least ten percent of the total units affordable to lower income households; or At least five percent of the total units affordable to very low income households; or At least ten percent of the total units affordable to persons and families of moderate income in a common interest development.
Two incentives or concessions for a residential development project that makes:
At least 20 percent of the total units affordable to lower income households; or At least ten percent of the total units affordable to very low income households; or H.2.f
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At least 20 percent of the total units affordable to persons and families of moderate income in a common interest development.
Three incentives or concessions for a residential development project that makes:
At least 30 percent of the total units to lower income households; or At least 15 percent of the total units to very low income households; or At least 30 percent of the total units affordable to persons and families of moderate income in a common interest development.
(Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3611 - Types of incentives or concessions.
Incentives (or concessions) are broken down into three tiers depending on their level of impact on residents of the project and/or the surrounding community. Concessions with an anticipated greater impact require a higher level of review and approval which encourages least impactful concessions/incentives through a simplified review process. The three tiers of approval are zoning administrator (administrative), planning commission, and city council as outlined below.
If a single project requests concessions from different tiers, all requested concessions would be subject to the highest tier's review and approval. For example, if a proposed project requested two Tier 1 concessions and one Tier 2 concession, all concessions, including those from Tier 1, would be subject to hearing body approval under Tier 2.
Tier 1: Zoning Administrator Action.
Waiving the public art requirement.
Reducing processing fees.
Deferring collection of impact fees to certificate of occupancy.
Tier 2: Planning Commission Action.
Reduction in building setbacks.
Reduction of lot area standards, including allowing private streets to be included in the lot calculation.
Reduction in open space/landscaping requirements.
Reducing impact fees.
Direct financial assistance through funding grants.
Tier 3: City Council Action.
Any additional reductions or variations not specifically covered in Tiers 1 and 2.
Deviation from any other development standards not addressed in Tiers 1 and 2.
Density bonuses in excess of what is provided for under state law.
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(Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3612 - Compliance.
The provisions of this chapter shall apply to all agents, successors and assignees of an applicant, developer, builder or property owner proposing a residential development project governed by this chapter.
No tentative map, use permit, special development permit or occupancy permit shall be issued for any residential development project unless exempt from or in compliance with the terms of this chapter.
The city may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including but not limited to actions to revoke, deny or suspend any permit or development approval.
(Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3613 - Density bonus application.
In order to receive the concessions and/or incentives described in Section 6-3611, the applicant must submit to the city a density bonus application which will be reviewed concurrent with the development application.
At any time during the review process, the planning and building department director may require from the applicant additional information reasonably necessary to clarify and supplement the application or to determine the consistency of the proposed density bonus application with the requirements of this chapter.
The density bonus application should include, but not be limited to, the following:
A description of the residential development project including the proposed total number of affordable housing units, senior housing units or mobile home park units; The zoning, general plan designations, and assessor's parcel number(s) of the project site; A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout.
A description of the concessions or incentives requested.
If an additional incentive(s) is requested, the application should describe why the additional incentive(s) is necessary to provide the affordable housing units. (Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3614 - Siting.
Any affordable units constructed under the provisions of this ordinance shall be built on-site, unless otherwise waived by the city council.
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(Ord. No. 637, § 4(exh. A), 11-10-2014)
6-3615 - Appeal.
An appeal of a decision made pursuant to this chapter is governed by Sections 6-217 through 6-238 or Section 8-2110.
(Ord. No. 637, § 4(exh. A), 11-10-2014)
Chapter 6-37 - INCLUSIONARY HOUSING
Sections:
6-3701 - Purpose.
The purpose of this chapter is to facilitate the development and availability of housing affordable to a broad range of households of various income levels and sizes in Lafayette. This chapter is intended to:
Implement state policy that declares local governments have a responsibility to facilitate development to provide for the housing needs of all economic segments of the community; Implement the housing element of the general plan, which calls for the adoption of an inclusionary housing program;
Facilitate the development of affordable housing units within a project; and Assist in the dispersal of affordable housing units throughout the downtown. (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3702 - Definitions.
In this chapter, unless the context requires otherwise:
"Affordable rent" means a rental rate that results in monthly housing costs, including utilities, that collectively do not exceed the following:
For a very low-income household, one-twelfth of the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for the unit.
For a low-income household, one-twelfth of the product of 30 percent times 80 percent of the area median income adjusted for family size appropriate for the unit. "Affordable sales price" means a sales price that results in monthly housing costs, including mortgage (principle and interest), property taxes, utilities, property insurance and homeowner association fees, that collectively do not exceed the following:
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For a very low-income household, one-twelfth of the product of 35 percent times 50 percent of the area median income adjusted for family size appropriate for the unit.
For a low-income household, one-twelfth of the product of 35 percent times 80 percent of the area median income adjusted for family size appropriate for the unit.
For a moderate-income household, one-twelfth of the product of 35 percent times 110 percent of the area median income adjusted for family size appropriate for the unit. "Area median income" means the combined salaries, wages or other sources of income of a single household, based upon household size, for Contra Costa County as published annually by the State of California Department of Housing and Community Development. "Downtown" means the area within the boundaries of the downtown specific plan map. "First time homebuyer" means a household that has had no ownership in a principal residence during the three-year period ending on the date of purchase of the affordable unit. "Inclusionary housing agreement" means a document that has been reviewed and approved by the planning and building director that delineates the exact requirements that a developer shall meet to fulfill the requirements under this chapter. "Inclusionary unit" means a dwelling unit that has an affordable sales or rental price for households for a household at the applicable income level under the requirements of this chapter.
"Large family" means a household with five or more members. "Low-income household" means a household whose annual income does not exceed 80 percent of area median income, adjusted for household size as published by the State of California Department of Housing and Community Development for Contra Costa County. "Moderate-income household" means a household whose annual income does not exceed 110 percent of area median income, adjusted for household size as published by the State of California Department of Housing and Community Development for Contra Costa County, and would apply to for-sale moderate income housing.
"Project" means a residential or mixed-use development creating a net increase of two or more for sale or rental dwelling units. This excludes a legal second unit unless that unit is built to satisfy the requirements of this chapter.
"Very low-income household" means a household whose annual income does not exceed 50 percent of area median income, adjusted for household size as published by the State of California Department of Housing and Community Development for Contra Costa County. (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3703 - Basic provisions.
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Geographic Area. The provisions of this chapter apply to the downtown.
Development Size Threshold. The provisions of this chapter apply to all projects creating a net increase of two or more residential units.
Income Calculations. The State of California calculates annual income limits for very low-, lowand moderate-income households that may vary from the definitions for such households contained in this chapter. In applying Sections 6-3702(a), (b), (g), (h) and (j) above to a proposed project, applicants may use the higher of the household income limits established in this chapter (50 percent of area median income for very low, 80 percent of area median income for low, and 110 percent of area median income for moderate), or the household income limits established by the State of California for the same income categories. (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3704 - Inclusionary percentage.
Single-Family. For projects in the downtown creating single-family dwellings, 15 percent of the units must be inclusionary units sold or rented at an affordable price to moderate-income households.
Multi-Family. For projects in the downtown creating multiple for sale family dwellings, 15 percent of the total units must be inclusionary units, with nine percent sold at an affordable sales price to low or moderate-income households and six percent sold to an affordable sales price of very lowincome households.
For projects in the downtown that are multi-family rental dwellings, 15 percent of the total units must be inclusionary units, with nine percent rented at an affordable price to low-income households and six percent rented at an affordable price to very low-income households. (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3705 - Calculation of inclusionary units.
To calculate the number of inclusionary units required, multiply 15 percent with the total number of units in the project.
When six percent and nine percent are multiplied with the total units to determine the number for each respective income category and the result is less than one unit for each income category, then the total combined percentage may be affordable to low or moderate-income households.
Notwithstanding subsections (a) and (b) above, a project with two to six units may elect to pay the H.2.f
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applicable in-lieu fees and is not required to build inclusionary units.
Notwithstanding subsections (a) and (b) above, a project with seven to 20 for-sale units may elect to make all of the inclusionary units affordable at moderate-income. Similarly, a project with seven to 20 rental units may elect to make all of the inclusionary units affordable at low-income. (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3706 - Fractional units.
If multiplying the required 15 percent with the total number of units results in other than a whole number, a result equal to or greater than one-half shall be rounded up to the next whole unit. An in-lieu fee shall be paid for a result less than one-half.
(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3707 - In-lieu fee.
This chapter establishes provisions under which an in-lieu fee is collected for inclusionary units. The city council shall establish the amount based on an appropriate fee study and shall update the fee over time.
The in-lieu fee requirements of this chapter shall be effective only after the city council has adopted or updated the fee by resolution.
(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3708 - Segmentation.
Segmentation of a project in order to avoid the requirements of this chapter is not permitted.
Construction of proximate dwelling units within any five-year period for which there is evidence of common ownership, control or interest, and whether or not covered by the same land use entitlements, shall be subject to the regulations of this chapter. However, nothing herein shall prohibit the phased development of a project, as approved by the city.
(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3709 - Term of affordability.
For-sale inclusionary units shall be restricted to the applicable income level for a period not less than 45 years.
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Rental inclusionary units shall be restricted to the applicable income level for a period not less than 55 years, including inclusionary units proposed as rentals under Section 6-3712 of this chapter.
The term of for-sale units' affordability resets upon sale of the unit(s). (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3710 - Design.
Inclusionary units must be dispersed throughout the project and be comparable in terms of bedroom count and exterior design to the market rate units. The inclusionary units must have access to all amenities available to the market rate units.
(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3711 - Timing.
Inclusionary units must be constructed prior to or concurrently with the construction of the market rate units. The developer shall complete construction of all inclusionary units prior to final inspection of the final market rate unit. In phased developments, inclusionary units may be constructed and occupied in proportion to the number of units in each phase.
(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3712 - Alternatives.
Off-site Development. Instead of providing inclusionary units on-site to satisfy the requirements of this chapter, a developer may propose providing all or a portion of the inclusionary units offsite, including for-sale housing or rental housing (see subsection (b) for-rent alternative to fee or sale, below).
In order to approve such a proposal, the city council must find that on-site production of such units is infeasible or that greater public benefit will result from the units being off-site.
The city council shall require the provision of a minimum of one and may require up to two off-site units for every unit not provided on-site.
Regardless of the number of off-site for-sale units that are required, 40 percent of the off-site units shall be affordable to very low-income households and 60 percent shall be affordable to low- or moderate-income households.
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Regardless of the number of off-site rental units that are required, 40 percent of the off-site units shall be affordable to very low-income households and 60 percent shall be affordable to low-income households.
Nothing in this section shall obligate the council to allow any off-site units.
A developer proposing to provide the inclusionary units off-site must provide a relocation plan for any current tenants that may be displaced by the development of affordable units at the off-site location.
All other provisions of this chapter apply, whether the units are produced on-site or off-site.
For-Rent Alternative to Fees or Sale.
Ownership Projects. An applicant for a residential ownership project may elect to provide all or a portion of the inclusionary units required for the residential project at affordable rent to lower income households rather than provide for-sale units. Fifteen percent of the total units must be affordable to lower incomes, with nine percent rented at an affordable rent to low income households and six percent rented at an affordable rent to very low income households. If the applicant proposes to provide rental units off-site, 40 percent of the off-site rental units shall be affordable to very low-income households and 60 percent shall be affordable to low-income households.
Sales of Affordable Rental Units. If the owner of the ownership project later determines to offer the affordable rental units in the project for sale at an affordable sales price, any subsequent regulatory agreement shall include provisions for sale of the affordable units, as well as relocation benefits for tenants of the affordable rental units.
All other provisions of Section 6-3712(a) apply, except Section 6-3712(a)(3). (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3713 - Inclusionary housing agreement.
An inclusionary housing agreement between the developer and the city shall be required for any project subject to the provisions of this chapter in a form approved by the planning and building director. The agreement shall be executed prior to issuance of a building permit.
The inclusionary housing agreement shall contain the following information:
The location, tenure (rental or ownership) and size of the proposed market rate and inclusionary units;
The calculations used to determine the number of inclusionary units; A floor plan or site plan depicting the location of the inclusionary units; The affordability level for each inclusionary unit;
The term of affordability;
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A phasing plan for phased developments;
A description and details of any requested incentives, waivers or exemptions; For projects including a density bonus, documentation that the density bonus is requested for units provided that are inclusive of the city's inclusionary requirements; The process by which eligibility of qualified households will be reviewed and selected to rent or purchase affordable units;
An annual reporting schedule and requirements;
In for-sale housing, priority to first time home buyers and/or large families and in for-rent housing, priority to large families;
Additional information as requested by the planning and building director. (Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3714 - Allowances.
In approving an inclusionary housing agreement, the city may, at its sole discretion, include one or more of the following allowances:
Unit Size Reduction. The size of the required inclusionary units may be smaller than the market rate units, consistent with all other provisions herein.
Interior Finishes. Inclusionary units may have different interior finishes than market rate units so long as the interior features are durable, of good quality and consistent with current state building code standards for new housing.
Accessory Dwelling Units. Projects consisting of single-family detached units may meet the inclusionary unit requirements by providing an accessory dwelling unit in accordance with the provisions of the city's accessory dwelling unit regulations on a one-for-one basis. All other requirements of this chapter, including income restrictions and term of affordability, shall be applied to second units.
(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
6-3715 - Reductions, adjustments, or waivers.
A developer of a project subject to the requirements in this chapter may petition the city council for a reduction, adjustment, or waiver of these requirements based upon substantial evidence showing the absence of any reasonable relationship or nexus between the impact of the development and the inclusionary requirements.
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A project subject to the requirements of this chapter and which has received approval for a tentative subdivision or parcel map, use permit or other discretionary approval and submits a new or revised application for the same property may petition for a reduction, adjustment or waiver of the requirements with respect to the number of lots or square footage of construction previously approved.
Any such petition shall be made in writing and filed with the planning and building department, along with the required fee established by city council resolution, not later than ten days before the first public hearing on any discretionary approval or permit for the development, or if no such discretionary approval or permit is required, or if the developer is protesting an action taken pursuant to this ordinance after the first public hearing on such permit or approval, then the petition shall be filed within ten days after the date of the action objected to by the developer.
The petition shall set forth in detail the factual and legal basis for the claim of waiver, reduction, or adjustment.
The city council shall consider the petition at the public hearing on the permit application or at a separate hearing within sixty days after the filing of the petition, the appellant shall bear the burden of presenting substantial evidence to support the petition including comparable technical information to support petitioner's position.
No waiver shall be granted by the city council for a new project where a prior project was approved within the last three years unless the city council finds that:
The new project is superior to the approved project both in its design and its mitigation of environmental impacts,
Adequate affordable housing already exists in that the aggregate of new or substantially rehabilitated dwelling units within the downtown makes available more than 15 percent of such units at affordable housing cost to, and occupied by, persons and families of low and moderate income, and of such 15 percent, not less than 40 percent thereof is available at affordable housing cost to, and occupied by, very low-income households, or Exceptions to the affordable housing requirements will result in a better project that better meets the city's housing goals.
The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in the project shall invalidate the waiver, adjustment, or inclusionary requirements unless such change is approved by the city in advance.
(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25- 2018)
Chapter 6-38 - HOUSING DEVELOPMENTS AND URBAN LOT SPLITS Sections:
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The purpose of this chapter is to provide objective zoning standards for housing developments and urban lot splits within single-family residential zones, to implement the provisions of state law as reflected in Government Code sections 65852.21 and 66411.7, and to facilitate the development of new residential housing units in a manner compatible with existing single-family residential uses and ensure sound standards of public health and safety.
(Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3802 - Definitions.
As used in this chapter, the following terms have the following meanings:
"Adjacent parcel" means a parcel sharing any portion of its property line(s) with the parcel being subdivided using the provisions of an urban lot split.
"Person acting in concert" means a person that has common ownership of the adjacent parcel with the owner of the subject parcel, or a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided. "Hillside overlay district" means the area shown on the map entitled Hillside Overlay District dated July 8, 2002, adopted by Ordinance 528, a copy of which is on file at the city offices. "Housing development" means one or two residential units on a single parcel within a single-family residential zone.
"Building footprint" means the area within the exterior walls of a building. "Lafayette area ridge map" means the map entitled Lafayette Area Ridge Map, dated July 8, 2002 adopted by Ordinance 528, a copy of which is on file at the city offices. "Natural contours" mean those contours existing on January 1, 2022 created through natural processes or pursuant to a valid permit to alter the grades on the site. "Light reflectance value" (LRV) means the percentage of light a color reflects and is measured on a scale that ranges from zero (absolute black, absorbing all light) to 100 percent (pure white, reflecting all light). "Percent slope" means the slope ("S") calculated for an area using either of the following formulas:
S = 0.002296 i L / A or S = 100 i L / a
Where S = average percent slope
i= contour interval in feet
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L = summation of length of all contours in feet
A = area in acres of parcel being considered
a = area in square feet of parcel being considered
"Protected tree" means a tree that is defined as a protected tree in Chapter 6-17 of the Lafayette Municipal Code.
"Urban lot split" means a subdivision of an existing legal lot of record into no more that two separate parcels meeting the objective standards set forth in this chapter and the Subdivision Map Act. "Viewing evaluation map" means the map entitled Viewing Evaluation Map, dated March 1, 1993, as amended by Ordinance 558 on September 25, 2006, a copy of which is on file at the city offices. (Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3803 - Eligibility.
To be eligible for a housing development or urban lot split as specified under state law and this chapter, the proposed housing development or urban lot split shall meet all of the following criteria:
The parcel is located within a single-family residential district as provided for in Chapter 6-7 of the Lafayette Municipal Code.
The parcel is not located on either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
The parcel is not located on wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
The parcel is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
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The parcel is not located within a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
The parcel is not located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part
2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
The parcel is not located within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
The parcel is not located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined H.2.f
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approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
The parcel is not located within lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
The parcel is not located on lands with habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
The parcel or any portion thereof is not under a conservation easement, which shall include conservation easements, scenic deed easements, and open-space easements.
The parcel is not included on the state historic resources inventory.
The urban lot split or housing development would not require demolition or alteration of:
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
Housing that is subject to any form of rent or price control though a public entity's valid exercise of its police power.
Housing that has been occupied by a tenant in the last three years.
The parcel is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
In addition, to be eligible for a housing development, the proposed housing development:
Creates one or two new dwelling units, and
Does not allow the demolition of more than 25 percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.
In addition, to be eligible for an urban lot split the proposed urban lot split shall meet all of the following criteria:
The new created parcels are no smaller than 1,200 square feet.
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The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
The parcel has not been established through prior exercise of an urban lot split as provided for in this chapter.
Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split. (Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3804 - Application procedure.
All housing developments and urban lot splits as permitted under state law and this chapter shall be considered ministerially, without discretionary review or a hearing.
A proposal for a housing development or urban lot split under this chapter shall be initiated by an application on a form prescribed by the city together with the required fees as adopted by city council resolution.
(Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3805 - Permit expiration.
A permit approval automatically expires if the use or action authorized is not started or construction incident thereto is not begun on or before the time limit specified in the permit, and thereafter diligently pursued. If no time is specified, the permit expires 12 months after the date of approval. The manager may grant one 12-month extension of time upon written request if the city has not made applicable changes to the Lafayette Municipal Code and the development is not changed. (Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3806 - Application of this chapter.
The requirements of this chapter are in addition to other applicable provisions of the Lafayette Municipal Code. Where there is a conflict between this chapter and other sections of the Lafayette Municipal Code, this chapter shall prevail.
(Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3807 - Construction of up to two units of at least 800 square feet.
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The standards set forth in this chapter shall not physically preclude the construction of up to two units per parcel and shall not preclude each unit from being at least 800 square feet in floor area, unless otherwise precluded by law. If the housing project cannot be designed to meet the objective standards and the objective standards would preclude two 800-square foot units, the city will provide relief from one or more of the objective standards set forth in this chapter and as prioritized by the city council. The city shall determine the extent of relief necessary to allow two 800-square foot units. The purpose of this section is for the housing development and/or urban lot split to comply with the objective standards, general plan and Lafayette Municipal Code to the maximum extent.
The city council hereby lists the following objective standards from lowest-to-highest priority. Encroach into 1) side yard, 2) rear yard, 3) front yard, 4) creek setback, and 5) ridgeline setback in that order. (Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3808 - Number and type of units allowed.
No more than two total units on each parcel, including accessory dwelling units and junior accessory dwelling units, shall be allowed on parcels that have been created by an urban lot split pursuant to state law and this chapter.
No more than four dwelling units, including accessory dwelling units and junior accessory dwelling units, shall be allowed on a parcel that has utilized the housing development provisions pursuant to state law and this chapter.
(Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3809 - Owner occupancy.
For a housing development, one of the two units shall be the property owner(s)' principal residence.
An applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. This does not apply to a community land trust or a qualified nonprofit corporation.
(Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3810 - Deed restriction.
The property owner must record a deed restriction, acceptable to the city, that does each of the following:
Documents the parcel or housing development was created using the provisions of SB 9.
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Expressly prohibits any rental of any dwelling on the property for a term of 30 days or less.
Expressly prohibits any non-residential use of the lots.
Expressly requires the property owner(s) to occupy one of the dwelling units on the lot as the property owner(s)' principal residence. This provision does not apply to dwelling units on parcels created pursuant to an SB 9 urban lot split.
(Ord. No. 681 , § 3(exh. A), 12-13-2021)
6-3811 - Objective standards.
Housing development. The following objective standards shall be complied with.
The front setback, side yard setback, rear yard setback and secondary front setback shall be those established by the zoning district in which the property is located pursuant to Chapter 6-7 of the Lafayette Municipal Code. If one or more of those setbacks would preclude construction of two units of 800 square feet each, then the city will relax one or more setbacks to allow two units of 800 square feet each. At no time shall the side yard setback or rear yard setback be reduced to less than four feet for new construction.
Nonconforming setbacks shall be permitted to be maintained for an existing structure or structures constructed in the same location and to the same dimensions as an existing structure. Increased non-conforming setbacks are not permitted.
Building height shall not exceed 35 feet as defined in Section 6-313 and two and one-half stories. Building height for accessory dwelling units where permitted shall not exceed 17 feet.
One off-street parking space per unit shall be provided, unless the parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code or there is a car share vehicle located within one block of the parcel. The parking space shall have minimum dimensions of at least ten feet by 20 feet, either covered or open, and shall not be located within the required setback or side yard.
Import and off-haul shall be limited to a maximum of 200 cubic yards combined for grading outside the building footprint.
Retaining walls outside the building footprint shall not exceed four feet in height. Multiple four-feet walls are permissible if they are separated by a minimum of four feet. Walls shall be constructed of natural stone or concrete and/or masonry with a cultured stone or stucco finish with a light reflectance value not to exceed 50 percent. Cut and fills shall be balanced so that off-hauling is maintained under 200 cubic yards.
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Grade changes outside a building footprint within the dripline of protected trees are prohibited. If required to comply with state law, building footprints within the dripline of protected trees shall be drilled pier construction.
Building footprints shall not encroach in creek setbacks as calculated using the formula in Section 6-1841 LMC.
No protected tree shall be removed. If a protected tree must be removed in order to comply with state law, the applicant shall replace the removed tree pursuant to the tree mitigation calculations in Chapter 6-17, Tree Protection.
Driveways shall be constructed with permeable pavers where slope is under five percent.
Impermeable paving is permissible where the driveway is over five percent slope.
Patios and walkways shall be constructed with permeable pavers, decomposed granite or other permeable materials and applicant shall provide a permeability certificate.
Impermeable surfaces adjacent to pools shall be limited to a ten-feet radius outboard.
A stormwater control plan on a form established by the Contra Costa Clean Water Program shall be completed for each project demonstrating compliance by the Municipal Regional Water Quality Permit 3.0 established by the CA Clean Water Act and the National Pollutant Discharge Elimination System (NPDES).
Detention basins for regulating stormwater shall not be constructed within ten feet of downhill adjoining properties.
Windows facing side property lines shall have a five-feet minimum sill height, except as otherwise required by fire code. This requirement does not apply to ground floor windows.
Compressors, pumps and HVAC equipment shall not be located between the front of residence and the front property line or secondary frontage and shall not be located within ten feet of a side or rear property line.
Applicant shall submit a water budget consistent with the Model Water Efficient Landscape Ordinance (MWELO) demonstrating water use of no more than 500 gallons per 10,000 square feet of lot area per day. The landscape area of single-family residence, or duplexes shall be designed with no more than 20 percent of the landscaped area planted in turf or plants that are not water-wise as defined as needing "low" or "very low" water per Water Use Classifications of Landscape Species (WUCOLS) established by the Water Use Efficiency Office of the California Department of Water Resources (DWR) or other sources as verified by a licensed landscape architect.
Each dwelling unit must demonstrate legal access meeting current fire district standards which shall be demonstrated by a sign off from the fire district prior to application submittal.
H.2.f
Packet Pg. 321 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3114 : Inclusionary Housing Ordinance Options) (18)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(c)
(1)
(2)
(3)
Utilities shall be installed underground in accordance with applicable underground utility ordinances and with the rules and regulations of the state Public Utilities Commission (6-2053).
Electric, gas and water utilities shall be separately metered for energy conservation purposes except for ADUs under 800 square feet and shall be subject to grading requirements of this section unless superseded by state standards.
Hillside development. For properties located in the mapped Hillside Overlay District (HOD), the following standards shall apply in addition to those listed above in Section 6-3811(a)(1)—(17).
No portion of a structure may be erected within a mapped ridgeline setback as shown on the Lafayette Area Ridge Map (LARM).
Specifically, no development may take place within 400 feet (measured in plan view) of a Class 1 ridgeline; no development may take place within 250 feet (measured in plan view) of a Class II ridgeline and no portion of a structure may be erected within 250 feet of a class III ridge that is higher than a horizontal plane that intercepts the ridgeline. The horizontal plane shall be at the nearest point of the structure to the ridgeline and perpendicular to the ridgeline or have an arc of 90 degrees from the endpoint of the ridgeline.
Each structure in the hillside overlay district shall not be visible when viewed from lower elevations using the adopted viewing evaluation map showing the streets/locations from which views are considered. If a structure permitted under state law is visible, the applicant shall plant and maintain a minimum of one 15-gallon tree along each five linear feet of visible structure to screen the structure. The trees shall be of a species listed in Chapter 6-17, Tree Protection. Trees for this purpose shall be planted on the side of the residence that is visible and the exterior colors of the residence must have a light reflectance value below 50.
Buildings shall be designed to have their longest dimensions parallel the natural contours.
Beyond 30 feet from a house any new tree species planted shall be one of the species listed in Chapter 6-17, Tree Protection.
Grading located outside a building footprint shall be limited to an aggregate maximum of cut and fill of 200 cubic yards.
No portion of a lot which has a ground slope in excess of 35 percent may be altered by grading.
Urban Lot Split.
Size. Each new parcel shall be a minimum of 1,200 square feet in area.
Number. Each parcel shall not be split into more than two parcels.
Fire safety. Each new parcel must demonstrate legal access meeting current fire district standards which shall be demonstrated by a sign off from the fire district prior to application submittal.
H.2.f
Packet Pg. 322 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3114 : Inclusionary Housing Ordinance Options) (4)
(5)
(6)
(A)
(B)
Depth. Minimum lot depth requirements shall be that established by zoning district in which the parcel is located.
Width. Average lot width requirements shall be that established by zoning district in which the parcel is located.
Slope. Each lot in the hillside overlay district will have a naturally contoured (not manmade) building site of 30 percent slope or less. All construction on each building site shall take place within the designated 30 percent slope area with the exception of:
An access road or driveway (not parking area) that does not require grading; An ancillary structure, such as a deck supported by posts or cantilevered, and where the natural grade is undisturbed.
(Ord. No. 681 , § 3(exh. A), 12-13-2021)
H.2.f
Packet Pg. 323 Attachment: Attachment f - Lafayette Inclusionary Ordinance (3114 : Inclusionary Housing Ordinance Options) City Council
Staff Report
Agenda Item: H.3
Date: May 9, 2023
Department: Administration
AGENDA TITLE: Strategic Priorities for Fiscal Years 2023-24 and 2024-25 RECOMMENDATION:
Review and Confirm Strategic Priorities for the City as Revised BACKGROUND: On April 11, 2023, the City Council reviewed the results of a Strategic Planning session conducted on February 25, 2023, as summarized in the report of the session from the facilitator, the Institute for Local Government (ILG). The staff report from that meeting is provided as Attachment 2. At that meeting, the City Council opted to establish an ad hoc committee consisting of Council Members Malkani and Riley to further refine the strategic priorities and wording.
Attachment 1 provides Council Members Malkani and Riley’s recommended changes to that portion of the summary document. This item is presented to allow the City Council to review and finalize the strategic priorities.
NEXT STEPS: Should the City Council concur with the recommended revisions, those will be incorporated by the ILG into a final version of the session summary.
FISCAL IMPACT:
Finalizing the Council’s strategic priorities has no immediate fiscal impact. The strategic priorities will be used to help develop the spending plan for the coming biennial budget period.
ATTACHMENTS:
A. City Strategic Priorities 2023 Rev 050423
B. April 11, 2023 Staff Report w- attachments
Respectfully Submitted by:
David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:
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Strategic Priority #1: Economic Development
Draft Goal Statement: Attract and maintain businesses in Orinda’s Downtown area by building relationships with current and future property owners to minimize vacancies and encourage storefront upgrades.
Notes/Tactics:
• Consider hiring staff/retail broker to work with City Manager, Planning Director, property owners, and the Orinda Chamber of Commerce
• Evaluate (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) • Develop measurements such as new leases and/or amount of sales tax revenue Strategic Priority #2: Staffing & Technology
Draft Goal Statement (Technology): Evaluate Orinda’s technology needs and equip City staff with the technological tools to perform efficiently across departments.
Notes/Tactics:
• Hire a technology consultant to assess the City’s hardware, software, and public safety tools (e.g., 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): Attract and retain high quality City staff by using best practices in human resources and employee development 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 • Integrate strategies to measure, attract and retain a diverse workforce at all levels of staffing1
Strategic Priority #3: Housing and Downtown Development Draft Goal Statement: Begin implementation of the Housing Element and Downtown Precise Plan, specifically rezoning downtown Orinda.
1 The language and concept of this bullet was not included in the document received from the Institute of Local Government. The language in this bullet is proposed by Councilmember Malkani for the Council’s consideration.
H.3.a
Packet Pg. 326 Attachment: City Strategic Priorities 2023 Rev 050423 (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) Notes/Tactics:
• Maintain and build relationships with property owners and developers • Demonstrate progress on 2-3 projects/sites
• Continue to assess viability of and pursue viable housing development on BART lot and Caltrans Gateway site
• Promote mixed-use development
• Report and publicize progress to the public using various communication methods Strategic Priority #4: Wildfire Resilience and Emergency Preparedness Draft Goal Statement: Continue to plan and prepare our community for emergencies including wildfires and advocate for enhanced resources and funding.
Notes/Tactics:
• Expand (and lead) community outreach about emergency preparedness and wildfire resilience
• Continue to collaborate with Orinda Firewise, CERT, and other groups, focusing on community safety and culture change
• Continue to collaborate with MOFD, EBMUD, EBRPD, PG&E, and other partners • Engage police and others to talk about community safety measures, fire awareness, and evacuation routes
Strategic Priority #5: City Facilities and Infrastructure Draft Goal Statement: Continue timely implementation of Capital Improvement Plan Projects and seek 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 projects • Include asset management as part of technology assessment to keep track of facility maintenance/improvements
• Actively assess and seek funding to repair and maintain city facilities (separate from infrastructure funding for roads and drainage)
• Actively assess and seek funding to pursue public amenities and infrastructure projects, including green infrastructure2
• Leverage potential Connect Orinda opportunities
2 The language and concept of this bullet was not included in the document received from the Institute of Local Government. The language in this bullet is proposed by Councilmember Malkani for the Council’s consideration.
H.3.a
Packet Pg. 327 Attachment: City Strategic Priorities 2023 Rev 050423 (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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.
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Packet Pg. 328 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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:
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Packet Pg. 329 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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.b
Packet Pg. 330 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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.b
Packet Pg. 331 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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.b
Packet Pg. 332 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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.b
Packet Pg. 333 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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.b
Packet Pg. 334 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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.b
Packet Pg. 335 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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.b
Packet Pg. 336 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 337 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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
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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) H.3.b
Packet Pg. 338 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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
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Packet Pg. 175 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.b
Packet Pg. 339 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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
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Packet Pg. 176 Attachment: 2020-2021 Strategic Priorities Staff Report – March 19, 2019 (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.b
Packet Pg. 340 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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
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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) H.3.b
Packet Pg. 341 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) ● 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
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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) H.3.b
Packet Pg. 342 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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
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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) H.3.b
Packet Pg. 343 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 344 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 345 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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 H.3.b
Packet Pg. 346
Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 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 H.3.b
Packet Pg. 347
Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 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 H.3.b
Packet Pg. 348
Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 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 H.3.b
Packet Pg. 349
Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 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 H.3.b
Packet Pg. 350
Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 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) H.3.b
Packet Pg. 351 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 352 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 353 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25)
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) H.3.b
Packet Pg. 354 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 355 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 356 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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-Packet Pg. 357 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 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-Packet Pg. 358 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 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-Packet Pg. 359 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 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) H.3.b
Packet Pg. 360 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 361 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 362 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 363 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 364 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 365 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 366 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 367 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 368 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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
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Packet Pg. 205 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.b
Packet Pg. 369 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 370 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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
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Packet Pg. 207 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.b
Packet Pg. 371 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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
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Packet Pg. 208 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.b
Packet Pg. 372 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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
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Packet Pg. 209 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.b
Packet Pg. 373 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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
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Packet Pg. 210 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.b
Packet Pg. 374 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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
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Packet Pg. 211 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.b
Packet Pg. 375 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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.
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Packet Pg. 212 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.b
Packet Pg. 376 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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.
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Packet Pg. 213 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.b
Packet Pg. 377 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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.
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Packet Pg. 214 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.b
Packet Pg. 378 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 379 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 380 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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) H.3.b
Packet Pg. 381 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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
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Packet Pg. 218 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.b
Packet Pg. 382 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25) 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].
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Packet Pg. 219 Attachment: ILG 2023 Strategic Priorities Workshop Summary (3077 : Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025) H.3.b
Packet Pg. 383 Attachment: April 11, 2023 Staff Report w- attachments (3111 : Strategic Priorities for Fiscal Years 2023-24 and 2024-25)